67060 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations

Dated: December 5, 1995.

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

[FR Doc. 95–31258 Filed 12–27–95; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 3

[CGD 95–081]

RIN 2115–AF22

Fifth and Eighth District Marine

Inspection and Captain of the Port

Zone Boundaries

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

the descriptions of several Marine

Inspection and Captain of the Port zone

boundaries in the Fifth Coast Guard

District as a result of the consolidation

of the Marine Safety Office Baltimore

and Group Baltimore into a single unit,

Activities Baltimore. The Coast Guard is

also revising the descriptions of the

former Marine Inspection and Captain

of the Port Zones for Houston, TX and

Galveston, TX to reflect their merger

into a single zone. These changes will

clarify Coast Guard geographic area

responsibilities both in the Fifth and in

the Eighth Coast Guard Districts. These

changes are administrative and will not

impact the type or level of Coast Guard

services performed.

EFFECTIVE DATES: This rule is effective

on 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:

Janet Walton, Project Manager,

Standards Evaluation and Development

Division (G–MES–2), (202) 267–0257.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Fifth District—Activities Baltimore

During 1995, the Coast Guard

reorganized the Marine Safety Office

Baltimore and Group Baltimore units by

consolidating them into a single unit

and redefining its geographic area of

responsibility. The new unit, Activities

Baltimore, is now the location of the

Baltimore Marine Inspection Office (MI)

and Captain of the Port Office (COTP),

and its area of responsibility is now

limited to the upper Chesapeake Bay

and its tributaries, all within the State

of Maryland. The Philadelphia Marine

Inspection Zone and Captain of the Port

Zone were enlarged to add those

portions of the Chesapeake and

Delaware Canal, and upper portions of

the Nanticoke River located within the

state of Delaware which formerly were

in the Baltimore zone. The Hampton

Roads Marine Inspection Zone and

Captain of the Port Zone has been

expanded to include portions of eastern

Maryland, northern Virginia and the

Atlantic Ocean which formerly had

been part of the Baltimore Marine

Inspection Zone and Captain of the Port

Zone. The boundary between the

Baltimore and Hampton Roads MI and

COTP zones is now, starting from the

intersection of the Virginia-MarylandWest Virginia boundaries, the southern

bank of the Potomac River as it follows

the Virginia-Maryland and VirginiaDistrict of Columbia boundaries, the

Virginia-Maryland boundary across the

Chesapeake Bay and the western portion

of Delmarva Peninsula, and a northsouth line along 75°30′ W. longitude

from the Virginia-Maryland boundary to

the Maryland-Delaware boundary. The

entire Commonwealth of Virginia and

the eastern portion of Maryland along

the Atlantic coast are now included

within the Hampton Roads Marine

Inspection Zone and COTP Zone.

Eighth District—Houston-Galveston

Previously, the Coast Guard Marine

Safety Offices in Houston and Galveston

each exercised MI and COTP authority

in their respective regions. The Coast

Guard has consolidated the MI and

COTP authority for both of these regions

into one MI and COTP zone, HoustonGalveston. This merger streamlined the

command and control of Marine Safety

activities for the Houston and Galveston

areas.

Discussion of Changes

The current descriptions do not

reflect the changes in these MI/COTP

zones. This rule will revise these

descriptions. The Coast Guard is

proceeding directly to a final rule under

section 553(b)(3)(A) of the

Administrative Procedures Act (5 U.S.C.

§ 551 et seq.) which excludes

rulemakings relating to agency

organization, procedure, or practice

from the requirements of public notice

and comment. These changes are

administrative and will not impact the

type or level of Coast Guard services

performed.

§ 3.25–05. This section, describing the

Philadelphia Marine Inspection Zone

and Captain of the Port Zone, is revised

to add those portions of the Chesapeake

and Delaware Canal, and upper portions

of the Nanticoke River located within

the state of Delaware which previously

were in the Baltimore zone. As a result,

the entire state of Delaware will be

within the boundaries of the

Philadelphia Marine Inspection and

Captain of the Port Zones.

§ 3.25–10. This section, describing the

Hampton Roads Marine Inspection Zone

and Captain of the Port Zone, is being

revised to add the northern portion of

Virginia, the eastern portion of

Maryland, and the portion of the

Atlantic Ocean which previously were

in the Baltimore MI and COTP Zones.

Instead of the boundary between the

Baltimore and Hampton Roads MI/

COTP zones currently described by a

line through northern Virginia and the

Virginia-Maryland boundary across the

Chesapeake Bay and the Delamarva

Peninsula, the boundary is now, starting

from the intersection of the VirginiaMaryland-West Virginia boundaries, the

southern bank of the Potomac River as

it follows the Virginia-Maryland and

Virginia-District of Columbia

boundaries, the Virginia-Maryland

boundary across Chesapeake Bay and

the western portion of Delmarva

Peninsula, and a north-south line along

75°30′ W. longitude from the VirginiaMaryland boundary to the MarylandDelaware boundary, and then along that

boundary to the ocean and further

seaward. The entire Commonwealth of

Virginia, the eastern portion of

Maryland along the Atlantic coast, and

the Atlantic Ocean adjacent to the

Maryland coast to the outermost extent

of the EEZ are now included within the

Hampton Roads Marine Inspection Zone

and Captain of the Port Zone. The

Hampton Roads zones will border the

Philadelphia Marine Inspection and

Captain of the Port Zones from a point

on the Maryland-Delaware boundary

(75°30′ W. longitude) and along that

boundary to the ocean and further

seaward in the same manner as did the

Baltimore MI/COTP zones.

§ 3.25–15. This section, describing the

Baltimore Marine Inspection Zone and

Captain of the Port Zone, is revised to

describe its new boundaries. The

Chesapeake and Delaware Canal, and

Nanticoke River, which were wholly

within the Baltimore Marine Inspection

and COTP Zones, are now divided

between the Baltimore and Philadelphia

zones at the Maryland-Delaware
Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations 67061

boundary. This section is also being

revised so that Baltimore’s common

boundary with the Hampton Roads

Marine Inspection and COTP Zones

matches that described for section 3.25–

10. The result will be that the Baltimore

Marine Inspection Zone and COTP Zone

will encompass the whole of the State

of Maryland, including the Potomac

River to the Virginia and District of

Columbia boundaries, with the

exception of that portion of Maryland

east of 75°30′ N. longitude.

§ 3.40–25. This section, describing the

Houston Marine Inspection Zone and

Captain of the Port Zone, is removed.

§ 3.40–28. This section, describing the

Houston-Galveston Marine Inspection

Zone and Captain of the Port Zone, is

added. The MSO Houston remains at

the same location, is renamed MSO

Houston-Galveston, and assumes MI

and COTP authority. MSO Galveston

remains at the same location, becomes

Marine Safety Unit (MSU) Galveston,

and is a subordinate office to MSO

Houston-Galveston with no

independent MI or COTP authority.

§ 3.40–30. This section, describing the

Galveston Marine Inspection Zone and

Captain of the Port Zone, is removed.

Regulatory Evaluation

This 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 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

As this rule involves internal agency

practices and procedures, it will not

impose any costs to the public.

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 under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under paragraph 2.B.2 of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

This exclusion is in accordance with

paragraphs 2.B.2.e.(34)(a) and (b),

concerning regulations that are editorial

or procedural and concerning internal

agency functions or organization. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 3

Organization and functions

(Government agencies).

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 3 as follows:

PART 3—COAST GUARD AREAS,

DISTRICTS, MARINE INSPECTION

ZONES, AND CAPTAIN OF THE PORT

ZONES

1. The authority citation for part 3

continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.45,

1.46.

2. In § 3.25–05, paragraph (b) is

revised to read as follows:

§ 3.25–05 Philadelphia Marine Inspection

Zone and Captain of the Port Zone.

* * * * *

(b) The boundary of the Philadelphia

Marine Inspection Zone and Captain of

the Port Zone starts at the New Jersey

coast at 39°57′ N. latitude, thence

proceeds westward to 39°57′ N. latitude,

74°27′ W. longitude; thence north-northwesterly to the intersection of the New

York-New Jersey-Pennsylvania

boundaries at Tristate; thence north

following the course of and including

the waters of the Delaware River until

it meets the New York boundary; thence

west along the New York-Pennsylvania

boundary to 78°55′ W. longitude; thence

south to 41°00′ N. latitude; thence west

to 79°00′ W. longitude; thence south to

the Pennsylvania-Maryland boundary;

thence east to the intersection of the

Maryland-Delaware boundary; thence

south and east along the MarylandDelaware boundary to the sea, including

Fenwick Island Light. The offshore

boundary starts at Fenwick Island Light

and proceeds east along 38°28′ N.

latitude, to 71°00′ W. longitude; thence

northwesterly along a line bearing 122°T

from the New Jersey coast at 39°57′ N.

latitude.

3. In § 3.25–10, paragraph (b) is

revised to read as follows:

§ 3.25–10 Hampton Roads Marine

Inspection Zone and Captain of the Port

Zone.

* * * * *

(b) The boundary of the Hampton

Roads Marine Inspection Zone and

Captain of the Port Zone starts at the

intersection of the Maryland-Delaware

boundary and the coast and proceeds

along the Maryland-Delaware boundary

to a point 75°30′ W. longitude; thence

southerly to a point 75°30′ W. longitude

on the Maryland-Virginia boundary;

thence westerly along the MarylandVirginia boundary as it proceeds across

the Delmarva Peninsula, Pocomoke

River, Tangier and Pocomoke Sounds,

and Chesapeake Bay; thence

northwesterly along the MarylandVirginia boundary and the District of

Columbia-Virginia boundary as those

boundaries are formed along the

southern bank of the Potomac River to

the intersection of the VirginiaMaryland-West Virginia boundaries;

thence southerly along the VirginiaWest Virginia boundary and the

Virginia-Kentucky boundary to the

Tennessee boundary; thence eastward

along the Virginia-Tennessee boundary

to the Virginia-North Carolina

boundary; thence eastward along the

Virginia-North Carolina boundary to

Kerr (Buggs Island) Lake; thence along

the shore of Kerr Lake in North Carolina

back to the Virginia-North Carolina

boundary; thence eastward along the

Virginia-North Carolina boundary to the

west bank of the Chowan River; thence

southerly along the west bank of the

Chowan River to a point 36°00′ N.

latitude, 76°41′ W. longitude; thence

generally southerly and easterly along

the western boundaries of Washington,

and Hyde Counties to a point 35°37′ N.

latitude, 76°32′ W. longitude; thence

easterly to a point 35°37′ N. latitude,

76°00.5′ W. longitude; thence generally

southwesterly to a point 35°01.5′ N.

latitude, 76°20′ W. longitude; thence

easterly to the sea at 34°59.8′ N. latitude,

76°07.8′ W. longitude. The offshore

boundary starts at the intersection of the

Maryland-Delaware boundary and the

coast and proceeds east to a point 38°28′

N. latitude, 71°00′ W. longitude; thence

southeasterly on a line bearing 122°T to

the outermost extent of the EEZ; thence

southerly along the outermost extent of

the EEZ to 34°59.8′ N. latitude; and

thence westerly along 34°59.8′ N.

latitude to the coast at 76°07.8′ W.

longitude.

4. In § 3.25–15, paragraph (b) is

revised to read as follows:

§ 3.25–15 Baltimore Marine Inspection

Zone and Captain of the Port Zone

* * * * *
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