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75954 Federal Register / Vol. 70, No.

245 / Thursday, December 22, 2005 / Rules and Regulations

(c) The Secretary will decide whether DATES: Effective date December 22, Subpart 3163—Noncompliance,
or not to revise a final decision 2005. Assessments, and Penalties
contested by the petitioner(s) under this
section after considering information FOR FURTHER INFORMATION CONTACT: Ted ■ 2. Revise section 3163.3 to read as
and recommendations provided to the Hudson, 202–452–5042. Individuals follows:
Secretary by the Director of NIOSH, the who use a telecommunications device
for the deaf (TDD) may contact him § 3163.3 Criminal penalties.
Board, and from the HHS administrative
review conducted under paragraph (b) individually through the Federal Any person who commits an act for
of this section. HHS will transmit a Information Relay Service at 1–800– which a civil penalty is provided in
report of the decision to the 877–8339, 24 hours a day, seven days a § 3163.2(f) shall, upon conviction, be
petitioner(s). week. punished by a fine of not more than
(d) If the Secretary decides under $50,000, or by imprisonment for not
SUPPLEMENTARY INFORMATION: more than 2 years, or both.
paragraph (c) of this section to change
a designation under § 83.17(a) of this Background Dated: December 7, 2005.
part or a determination under § 83.16(c) Chad Calvert,
of this part, the Secretary will transmit The regulations that are the subject of Acting Assistant Secretary of the Interior.
to Congress a report providing such this correcting amendment have been in [FR Doc. 05–24371 Filed 12–21–05; 8:45 am]
change to the designation or effect for more than 20 years. They
BILLING CODE 4310–84–M
determination, including an iteration of pertain specifically to onshore oil and
the relevant criteria, as specified under gas operations programs, and
§ 83.13(c), and a summary of the particularly to the penalty provision for
information and findings on which the knowingly submitting false, misleading, DEPARTMENT OF HOMELAND
decision is based. HHS will also publish SECURITY
or inaccurate reports or other
a notice summarizing the decision in information required by the regulations, Coast Guard
the Federal Register. taking oil or gas from a Federal or
(e) A new designation of the Secretary Indian lease without authority, or 46 CFR Part 4
under this section will take effect 30 receiving such oil or gas knowing or
calendar days after the date on which having reason to know it was stolen or [USCG–2001–8773]
the report of the Secretary under unlawfully diverted or removed from a RIN 1625–AA27 (Formerly RIN 2115–AG07)
paragraph (d) of this section is Federal or Indian lease site.
submitted to Congress, unless Congress Marine Casualties and Investigations;
takes an action that reverses or Need for Correction Chemical Testing Following Serious
expedites the designation. Such new Marine Incidents
designations and related congressional When a final rule redesignated and
actions will be further reported by the revised the pertinent sections in 1987, at AGENCY: Coast Guard, DHS.
Secretary pursuant to paragraphs (d) 52 FR 5394, it created an error in a ACTION: Final rule.
and (e) of § 83.17. cross-reference. This error is misleading
and needs clarification. The provision SUMMARY: This final rule revises Coast
Dated: September 13, 2005.
assigns a criminal penalty for an act for Guard requirements for alcohol testing
Michael O. Leavitt, which a civil penalty is prescribed in after a serious marine incident to ensure
Secretary, Department of Health and Human another section, referring to that other that mariners or their employees
Services.
section by number. However, the involved in a serious marine incident
[FR Doc. 05–24358 Filed 12–21–05; 8:45 am] section and paragraph number stated, are tested for alcohol use within 2 hours
BILLING CODE 4163–18–P
section 3163.4–1(b)(6), does not exist in of the occurrence of the incident as
the current regulations, having been required under the Coast Guard
redesignated as section 3163.2(f) in the Authorization Act of 1998. This final
DEPARTMENT OF THE INTERIOR 1987 rule. The 1987 rule failed to adjust rule also requires that most commercial
the cross-reference, which now needs to vessels have alcohol testing devices on
Bureau of Land Management board, and authorizes the use of saliva
be corrected to eliminate confusion.
as an acceptable specimen for alcohol
43 CFR Part 3160 List of Subjects in 43 CFR Part 3160 testing. This rule also makes some
RIN 1004–AD80 minor procedural changes, including a
Government contracts; Indians—
32-hour time limit for collecting
Onshore Oil and Gas Operations; lands; Mineral royalties; Oil and gas specimens for drug testing following a
Correction exploration; Penalties, Public lands— serious marine incident.
mineral resources; Surety bonds.
AGENCY: Bureau of Land Management, DATES: This final rule is effective June
Interior. ■ Accordingly, 43 CFR part 3160 is 20, 2006.
corrected by making the following ADDRESSES: Comments and material
ACTION: Correcting amendment.
amendment: received from the public, as well as
SUMMARY: This document contains a documents mentioned in this preamble
correcting amendment to a final rule PART 3160—ONSHORE OIL AND GAS as being available in the docket, are part
reorganizing regulations of the Bureau OPERATIONS of docket USCG–2001–8773 and are
cprice-sewell on PROD1PC66 with RULES

of Land Management (BLM) relating to available for inspection or copying at


onshore oil and gas operations, which ■ 1. The authority citation for part 3160 the Docket Management Facility, U.S.
was published in the Federal Register of continues to read as follows: Department of Transportation, room PL–
Friday, February 20, 1987 (52 FR 5384). Authority: 25 U.S.C. 396d and 2107; 30 401, 400 Seventh Street SW.,
The amendment corrects an error in a U.S.C. 189, 306, 359, and 1751; and 43 U.S.C. Washington, DC, between 9 a.m. and 5
cross-reference. 1732(b), 1733, and 1740. p.m., Monday through Friday, except

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