2032 Federal Register / Vol. 60, No. 4 / Friday, January 6, 1995 / Rules and Regulations

Rulemaking Analyses and Notices

This rule is not subject to review

under Executive Order 12866. It is

significant within the meaning of the

Department’s Regulatory Policies and

Procedures, since it affects an important

Departmental safety initiative and is of

substantial public interest. It is

anticipated that this postponement will

create some savings for the motor carrier

industry, resulting, from the absence of

the pre-employment testing

requirements of the rule during the first

four months of 1995. A portion of the

anticipated annual benefits of the rule

will also be forgone, however.

FHWA has determined that this rule

does not have a significant economic

impact on a substantial number of small

entities, for purposes of the Regulatory

Flexibility Act. In addition to the reason

cited above, FHWA makes this

determination because small entities, for

purposes of Part 382, are those motor

carriers with fewer than 50 covered

drivers who are not scheduled to begin

alcohol testing until January 1, 1996, in

any case. There is not a sufficient

Federalism impact to warrant

preparation of a Federalism assessment

under Executive Order 12612.

FHWA is making this rule final

without first issuing a notice of

proposed rulemaking. The rule is also

being made effective before 30 days

from the date of its publication. FHWA

is taking these steps on the basis that

notice and comment are impracticable,

unnecessary, and contrary to the public

interest, and that there is good cause for

making the rule effective immediately.

The rationale for this finding is as

follows: all requirements of 49 CFR part

382 would have to be implemented by

larger motor carriers on January 1, 1995,

absent this action. Carriers would be in

noncompliance with part 382 in any

interval between that date and the date

that this amendment takes effect. This

amendment could not have its intended

impact unless it is put into effect before

January 1. Moreover, this amendment is

one that relieves a restriction.

List of Subjects in 49 CFR Part 382

Alcohol testing, Controlled substances

testing, Highways and roads, Highway

safety, Motor carriers, Motor vehicle

safety.

Issued this 30th day of December, 1994, at

Washington, DC.

Rodney E. Slater,

Federal Highway Administrator.

For the reasons stated in the

preamble, 49 CFR part 382 is amended

as follows:

1. The authority citation is revised to

read as follows:

Authority: 49 U.S.C. 31136, 31302 et seq.,

and 31502; 49 CFR 1.48.

2. 49 CFR § 382.115(a) is revised to

read as follows:

§ 382.115 Starting date for testing

programs.

(a) Large employers. (1) Except as

otherwise provided in this paragraph,

each employer with fifty or more drivers

on March 17, 1994, shall implement the

requirements of this part beginning on

January 1, 1995.

(2) Large employers may begin

implementing the requirements of

§ 382.301 of this part with respect to

alcohol testing on January 1, 1995, but

are not required to do so until May 1,

1995.

* * * * *

[FR Doc. 95–342 Filed 1–5–95; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 931078–4286; I.D. 122294E]

Atlantic Swordfish Fishery; Pilot Study

Landing Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Announcement of a change in

off-loading requirements.

SUMMARY: NMFS announces that

volunteer participants selected by

NMFS to participate in the swordfish

pilot program are not required to

observe the off-loading time

requirement when carrying an observer.

The observer will be collecting

statistical data that would otherwise be

collected by dockside samplers within

the off-loading time requirement.

Therefore, NMFS has determined that

the off-loading requirements of the

regulations are unnecessary during

1995.

EFFECTIVE DATE: January 1, 1995 through

December 31, 1995.

FOR FURTHER INFORMATION CONTACT: Rod

Dalton, 813-893-3721, or Ron Rinaldo,

301-713-2347.

SUPPLEMENTARY INFORMATION: The

Atlantic swordfish fishery is managed

under the Fishery Management Plan

(FMP) for Atlantic Swordfish and its

implementing regulations at 50 CFR part

630 under the authority of the

Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.)

and the Atlantic Tunas Convention Act

(ATCA) (16 U.S.C. 971 et seq.).

Regulations issued under authority of

the ATCA carry out the

recommendations of the International

Commission for the Conservation of

Atlantic Tunas.

Section 630.51(b)(6) of the regulations

requires that off- loading of vessels

participating in the donation program

begin between the hours of 8 a.m. and

6 p.m. local time. The Assistant

Administrator for Fisheries, NOAA,

(AA) is authorized under § 630.51(b)(7)

to adjust these requirements. NMFS is

providing observers for all pilot program

trips in 1995. Therefore, the AA, in

consultation with the industry and the

NMFS Office of Enforcement, waives

§ 630.51 (b)(6), the off-loading time

requirements for vessels carrying NMFS

observers for 1995.

Classification

This rule is exempt from review

under E.O. 12866.

Dated: December 30, 1994.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–351 Filed 1–5–95; 8:45 am]

BILLING CODE 3510–22–F