67062 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations

(b) The boundary of the Baltimore

Marine Inspection Zone and Captain of

the Port Zone starts at a point of 75°30′

W. longitude on the Delaware-Maryland

boundary and proceeds along the

Delaware-Maryland boundary west and

north to the Pennsylvania boundary;

thence west along the PennsylvaniaMaryland boundary to the West Virginia

boundary; thence southerly and easterly

along the Maryland-West Virginia

boundary to the Virginia boundary;

thence southeasterly along the

Maryland-Virginia boundary and the

District of Columbia-Virginia boundary

as those boundaries are formed along

the southern bank of the Potomac River;

thence easterly along the MarylandVirginia boundary as it proceeds across

the Chesapeake Bay, Tangier and

Pocomoke Sounds, Pocomoke River,

and Delmarva Peninsula to a point

75°30′ W. longitude on the MarylandVirginia boundary; thence northerly to a

point 75°30′ W. longitude on the

Delaware-Maryland boundary.

§ 3.40–25 [Removed]

5. Section 3.40–25 is removed.

6. Section 3.40–28 is added to read as

follows:

§ 3.40–28 Houston-Galveston Marine

Inspection Zone and Captain of the Port

Zone

(a) The Houston-Galveston Marine

Inspection Office and the Captain of the

Port Office are located in Houston,

Texas. The Galveston Marine Safety

Unit is a subordinate unit of the Marine

Safety Office and is located in

Galveston, Texas.

(b) The boundary of the HoustonGalveston Marine Inspection Zone and

Captain of the Port Zone starts at the

intersection of the sea and 94°23′ W.

longitude; thence proceeds north along

94°23′ W. longitude to 30°00′ N.

latitude; thence west along 30°00′ N.

latitude to the east bank of the Trinity

River; thence northerly along the east

bank of the Trinity River; thence

northwesterly along the eastern shore of

Lake Livingston; thence northwesterly

along the east bank of the Trinity River

to the southern boundary of Dallas

County, Texas; thence westerly along

the southern boundary of Dallas County,

Texas to 97°00′ W. longitude; thence

north along 97°00′ W. longitude to the

Texas-Oklahoma boundary; thence

northwesterly along the TexasOklahoma boundary; thence north along

the New Mexico-Oklahoma boundary;

thence west along the New MexicoColorado boundary; thence south along

the New Mexico-Arizona boundary;

thence easterly along the southern

boundary of New Mexico to the

southeast corner of New Mexico at

32°00′ N. latitude; thence southeasterly

to 29°18′ N. latitude, 96°07′ W.

longitude on the east bank of the

Colorado River; thence southerly along

the east bank of the Colorado River to

the sea; thence along a line bearing

140°T to the outermost extent of the

EEZ; thence easterly along the

outermost extent of the EEZ to 93°25′ W.

longitude; thence north to 27°49′ N.

latitude, 93°25′ W. longitude; thence

northwesterly to 29°30′ N. latitude,

93°48′ W. longitude; thence westward

following a line 10.3 nautical miles from

the coast to 29°24′ N. latitude, 94°20′ W.

longitude; thence northwesterly to the

coast at 94°23′ W. longitude.

§ 3.40–30 [Removed]

7. Section 3.40–30 is removed.

Dated: December 19, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–31375 Filed 12–27–95; 8:45 am]

BILLING CODE 4910–14–M

46 CFR Part 16

[CGD 95–090]

RIN 2115–AF25

Programs for Chemical Drug and

Alcohol Testing of Commercial Vessel

Personnel; Delay of Implementation

Dates

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is delaying

the effective date of regulations

governing drug testing, insofar as those

regulations would require testing of

persons onboard U.S. vessels in waters

that are subject to the jurisdiction of a

foreign government. Under this final

rule, the Coast Guard continues to delay

the effective date for foreign

implementation until January 2, 1997, to

allow completion of a permanent

change to the regulations affecting

foreign implementation of its drug

testing rules.

EFFECTIVE DATE: December 28, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406),

U.S. Coast Guard Headquarters, 2100

Second Street SW., room 3406,

Washington, DC 20593–0001 between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Jerry Hilton, Project

Manager, Marine Investigation Division

(G–MAO–1), Office of Marine Safety,

Security and Environmental Protection,

(202) 267–0686.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Lieutenant

Jerry Hilton, Project Manager, Office of

Marine Safety, Security and

Environmental protection, and

Christena Green, Project Counsel, Office

of Chief Counsel.

Background and Purpose

On November 21, 1988, the Coast

Guard, along with other agencies of the

Department of Transportation (DOT),

adopted regulations requiring preemployment, post-accident, reasonable

cause, and random drug testing. Those

individuals required under Federal law

or regulation to have periodic medical

examinations were also required to

undergo a drug test at the same time.

The drug testing required by the rule

applies to some persons located outside

of the United States. However, the rules

provided that they would not apply

outside the United States in any

situation in which application of the

rules violated foreign local laws or

policies.

At the same time, the Coast Guard

stated that the DOT and other elements

of the government would enter into

discussions with foreign governments to

attempt to resolve any conflict between

our rules and foreign government laws

or policies. The Coast Guard stated that

if, as a result of those discussions, it was

found that amendments to the rule were

necessary, timely amendments would be

issued. An amendment was issued on

December 21, 1989, and published on

December 27, 1989 (54 FR 53286).

Under that amendment, drug testing for

persons onboard U.S. vessels in waters

subject to the jurisdiction of a foreign

government was scheduled to begin by

January 2, 1992. A final Rule was

published on April 24, 1991, delaying

the implementation date to January 2,

1993 (56 FR 18982); a Final Rule was

published on July 14, 1992, delaying the

implementation date to January 2, 1995

(57 FR 31274); and another Final Rule

was published on December 20, 1994,

delaying the implementation date to

January 2, 1996 (59 FR 6500).

During the past few years, discussions

with other countries have been held,

and the difficulty of achieving effective

bilateral agreements has become clear.

Although the Coast Guard could allow

its regulations to take effect in foreign
Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations 67063

waters, the Coast Guard continues to

recognize that: (1) It would be difficult

for U.S. carriers to effectively

implement the regulations without

cooperation from foreign governments;

(2) in response, foreign governments

could impose restrictions on U.S.

operations; and, perhaps most

importantly, (3) there are distinct

advantages to be gained in aligning

foreign measures and U.S. measures,

especially as they relate to international

transportation operations.

For these reasons, the Coast Guard has

proposed not to require testing under

part 16 in waters subject to the

jurisdiction of a foreign government

[CGD95–011; 60 FR 43426; August 21,

1995]. The comment period on that

NPRM ended October 20, 1995.

In order to allow time to further

consider these issues and to formulate a

final decision, the Coast Guard has

again determined that additional time is

necessary. Another delay of

approximately one year should provide

sufficient time to complete the

rulemaking on foreign applicability.

Accordingly, the Coast Guard has

determined to postpone again the date

by which testing programs would

commence for persons onboard U.S.

vessels in waters that are subject to the

jurisdiction of a foreign government.

This final rule delays the applicability

of the regulations where they may

conflict with foreign law or policy. This

rule imposes no additional burdens on

the regulated industry. Without this

delay in the implementation date,

persons onboard U.S. vessels in waters

that are subject to the jurisdiction of a

foreign government would become

subject to the requirements of part 16 on

January 2, 1996. Delaying the

implementation date ensures that the

applicability of part 16 will continue

unchanged. Accordingly, the Coast

Guard finds that good cause exists

under 5 U.S.C. 553(b) to publish this

rule without notice and comment and to

make this rule effective less than 30

days after publication in the Federal

Register.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 CFR 11034; February 26, 1979). The

economic impact of these changes is so

minimal that further evaluation is not

necessary. This final rule modifies the

effective date for compliance with Coast

Guard regulations governing drug

testing, insofar as those regulations

would require testing of persons

onboard U.S. vessels that are subject to

the jurisdiction of a foreign government.

It does not change the basic regulatory

structure of that rule.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). This rule does not require

a general notice of proposed rulemaking

and, therefore, is exempt from the

regulatory flexibility requirements.

Although exempt, the Coast Guard has

reviewed this rule for potential impact

on small entities.

The amendment in this final rule only

extends a compliance data, and imposes

no costs on affected entities. Therefore,

the Coast Guard certifies under 5 U.S.C.

605(b) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that it

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment. The

authority to require programs for

chemical drug and alcohol testing of

commercial vessel personnel has been

committed to the Coast Guard by

Federal statutes. This final rule does,

therefore, preempt State and local

regulations regarding drug testing

programs requiring the testing of

persons onboard U.S. vessels in waters

that are subject to the jurisdiction of a

foreign government.

Environment

The Coast Guard has considered the

environmental impact of this final rule,

and has concluded that, under section

2.B.2.e(34)(c) of Commandant

Instruction M16475.1B, it is

categorically excluded from further

environmental documentation. This

final rule merely extends an

implementation date and clearly has no

environmental impact.

List of Subjects in 46 CFR Part 16

Drug testing, Marine safety, Reporting

and recordkeeping requirements, Safety,

Transportation.

For the reasons set forth in the

preamble, the Coast Guard amends 46

CFR part 16 as follows:

PART 16—CHEMICAL TESTING

1. The authority citation for part 16

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 7101,

7301 and 7701; 49 CFR 1.46.

2. In § 16.207, paragraph (b) is revised

to read as follows:

§ 16.207 Conflict with foreign laws.

* * * * *

(b) This part is not effective until

January 2, 1997, with respect to any

person onboard U.S. vessels in waters

that are subject to the jurisdiction of a

foreign government. On or before

December 1, 1996, the Commandant

shall issue any necessary amendment

resolving the applicability of this part to

such person on and after January 2,

1997.

Dated: December 20, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–31370 Filed 12–27–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 950605147–5288–03; I.D.

112895A]

RIN 0648–AH33

Final List of Fisheries for 1996

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: In accordance with the

Marine Mammal Protection Act of 1972,

as amended (MMPA), NMFS publishes

its MMPA final List of Fisheries (LOF)

for 1996. The LOF classifies fisheries as

either Category I, II, or III, based on their