[Federal Register: October 21, 2003 (Volume 68, Number 203)]
[Proposed Rules]               
[Page 60073-60074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc03-24]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 4

[USCG-2001-8773]
RIN 1625-AA27 (formerly 2115-AG07)

 
Marine Casualties and Investigations; Chemical Testing Following 
Serious Marine Incidents

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; reopening of comment period.

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SUMMARY: The Coast Guard is reopening the comment period on the notice 
of proposed rulemaking for ``Marine Casualties and Investigation; 
Chemical Testing Following Serious Marine Incidents'' published in the 
Federal Register on February 28, 2003. Hurricane Isabel forced the 
closure of all Federal Government offices in the Washington, DC, 
metropolitan area and the public meeting scheduled for September 19, 
2003, was not held. As a result of the limited number of participants 
who registered to attend that meeting, the Coast Guard has decided not 
to reschedule the meeting and is instead reopening the comment period 
to allow submission of additional comments to the docket.

DATES: Comments must reach the docket on or before November 20, 2003.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2001-8773 to the Docket Management Facility at the U.S. 
Department of Transportation (DOT). To avoid duplication, please use 
only one of the following methods:
    (1) Web Site: http://dms.dot.gov    (2) Federal eRulemaking Portal: http://www.regulations.gov.

    (3) Mail: Docket Management Facility, DOT, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (4) Fax: (202) 493-2251.
    (5) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.

FOR FURTHER INFORMATION CONTACT: For questions on the proposed rule, 
call Mr. Robert C. Schoening, Drug and Alcohol Program Manager, telephone (202) 267-0684; or e-mail him at Rschoening@comdt.uscg.mil. 
For questions on viewing material in the docket, call Andrea M. 
Jenkins, Program Manager, Docket Operations, DOT, telephone (202) 366-
0271.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://dms.dot.gov and will include any personal 
information you have provided. We have an agreement with the DOT to use 
the Docket Management Facility even though the Coast Guard has recently 
transferred to DHS. Please see the DOT's statement on the Privacy Act 
three paragraphs below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking [USCG-
2001-8773], indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or

[[Page 60074]]

envelope. We will consider all comments and material received during 
the comment period in developing the final rule.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time and conduct a simple search using 
the docket number. You may also visit the Docket Management Facility in 
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh 
Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, or the like). You may review 
the DOT's statement on the Privacy Act in the Federal Register 
published on April 11, 2000 [65 FR 19477], or you may visit http://dms.dot.gov
.

Regulatory History

    On February 28, 2003, the Coast Guard published a notice of 
proposed rulemaking (NPRM) in the Federal Register [68 FR 9622] 
proposing changes to the alcohol testing requirements for commercial 
vessels following a serious marine incident.
    On August 28, 2003, the Coast Guard published a notice in the 
Federal Register [68 FR 50992], announcing a public meeting and 
reopening the NPRM comment period.

Background Information

    The 1998 Coast Guard Authorization Act requires the Coast Guard to 
establish procedures ensuring alcohol testing is conducted within two 
hours of a serious marine casualty. The Coast Guard proposes to 
establish requirements for testing within the statutory time limits, to 
expand the existing requirements for commercial vessels to have alcohol 
testing devices on board, and to authorize the use of a wider variety 
of testing devices.
    For further information, the public should review the NPRM 
published in the Federal Register [68 FR 9622], and for questions 
concerning that document contact Mr. Robert C. Schoening who is listed 
under FOR FURTHER INFORMATION CONTACT.

Additional Comment Period

    In response to seven comments to the NPRM requesting a public 
meeting, the Coast Guard had scheduled a public meeting for September 
19, 2003. As a result of Hurricane Isabel forcing the closure of all 
Federal Government offices in the Washington, DC, metropolitan area, 
the public meeting was not held. In its notice, the Coast Guard had 
asked those planning to speak at the meeting to register by September 
17, 2003.
    By the close of business on September 17, 2003, nine persons had 
registered to attend the public meeting, with seven requesting to 
speak. Of the seven persons who originally submitted comments 
requesting a meeting, only two had registered to attend and to make a 
presentation.
    As a result of the limited number of participants who registered to 
attend the meeting, the Coast Guard has decided not to reschedule the 
meeting and is, instead, reopening the comment period for an additional 
30 days from the date of this notice.
    This additional 30-day comment period should be adequate time for 
those who had planned to attend the public meeting to submit further 
comments to the docket.

    Dated: October 14, 2003.
Joseph J. Angelo,
Director of Standards, Marine Safety, Security & Environmental 
Protection.
[FR Doc. 03-26512 Filed 10-20-03; 8:45 am]

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