[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9673-9674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3399]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

46 CFR Parts 10, 15, and 67

49 CFR Part 40

49 CFR 571

RIN 2105-AC49, 2127-AH07; 2115-AF23; 2115-AF88


Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs; Metric Conversion of Tire Standards; Licensing and Manning 
for Officers of Towing Vessels; Citizenship Standards for Vessel 
Ownership and Financing: Notice Concerning Review

AGENCIES: Office of the Secretary, Transportation, National Highway 
Traffic Safety Administration, and United States Coast Guard, DOT.

ACTION: Notice concerning review.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, the Department has postponed for 60 days the 
effective dates of a number of final rules that were published before 
January 20, 2001, but have not yet gone into effect. This notice 
concerns the status of four regulations for which the effective dates 
were not postponed.

FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant 
General Counsel for Regulation and Enforcement, Office of General 
Counsel, Department of Transportation, 400 7th Street, SW., Washington, 
DC, 20590. Telephone 202-366-9310.

SUPPLEMENTARY INFORMATION: In accordance with the memorandum of January 
20, 2001, from the Assistant to the President and Chief of Staff, 
entitled ``Regulatory Review Plan,'' published in the Federal Register 
on January 24, 2001, the Department has postponed for 60 days the 
effective dates of a number of final rules that were published before 
January 20, 2001, but have not yet gone into effect. The four rules 
mentioned in this notice were published before January 20, 2000 and 
have not yet gone into effect. However, for the reasons stated below, 
we are not postponing their effective dates.
    The Department published its new drug and alcohol testing 
regulation (49 CFR part 40) on December 19, 2000. A portion of this 
rulemaking went into effect on January 18, 2001, and it consequently is 
not subject to the withdrawal requirement of the Chief of Staff's 
memorandum. The remainder of this rule goes into effect August 1, 2001. 
The Department does not believe that it is necessary, in order to 
comply with the intent of the memorandum, to extend the effective date 
of the rule to a date 60 days after August 1. The time between now and 
August 1 affords ample opportunity for the Department to review the 
rule before it becomes effective. In addition, since the August 1 
effective date was selected, in part, to coincide with the date on 
which use of a new Department of Health and Human Services drug test 
collection form becomes mandatory, postponing the effective date could 
lead to confusion and mistakes in the administration of drug tests.
    The National Highway Traffic Safety Administration (NHTSA) rule on 
metric conversion of tire standards was published May 27, 1998. The 
rule converts English measurements in NHTSA rules concerning tire 
standards to metric measurements. Voluntary compliance was authorized 
upon publication. The final rule becomes effective May 27, 2003. 
Because of the very long period of time before this rule becomes 
effective, the Department does not believe that it is necessary, in 
order to comply with the intent of the memorandum, to extend the 
effective date of the rule to a date 60 days after May 27, 2003. The 
time between now and May 27, 2003, affords ample opportunity for the 
Department to review the rule before it becomes effective.
    The United States Coast Guard (USCG) Interim Final Rule on 
licensing and manning for officers of towing vessels was published on 
November 19, 1999. The rule creates new licenses, with levels of 
qualification and enhanced training and operating experience 
requirements for these personnel. On October 27, 2000, the effective 
date of the rule was delayed until May 21, 2001, in order to allow time 
to issue guidance for new licenses and revised training criteria. 
Because of the period of time before this rule becomes effective, and 
the fact that the effective date has already been postponed beyond 60 
days from today's date, the Department does not believe that it is 
necessary, in order to comply with the intent of the memorandum, to 
extend the effective date of the rule to a date 60 days after May 21, 
2001.
    The USCG rule on citizenship standards for vessel ownership and 
financing was issued on December 7, 2000, and becomes effective on 
October

[[Page 9674]]

1, 2001. Here again, there is a substantial period of time before this 
rule becomes effective, and the Department does not believe that it is 
necessary to extend the effective date of the rule further, in order to 
comply with the intent of the memorandum. The time between now and 
October 1, 2001, affords ample opportunity for the Department to review 
the rule before it becomes effective.
    All of these rules will be subject to review by the Department on 
the same basis as the rules the effective dates of which were postponed 
pursuant to the Chief of Staff's memorandum.

    Issued this 2nd day of February at Washington, DC.
Rosalind A. Knapp,
Acting General Counsel.
[FR Doc. 01-3399 Filed 2-8-01; 8:45 am]
BILLING CODE 4910-01-M