[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4767]


[[Page Unknown]]

[Federal Register: March 4, 1994]


_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



46 CFR Part 10, et al.




Chemical Testing for Dangerous Drugs of Applicants for Issuance or 
Renewal of Licenses, Certificates of Registry, or Merchant Mariner's 
Documents; Proposed Rule
DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, and 16

[CGD 91-223]
RIN 2115-AE29

 
Chemical Testing for Dangerous Drugs of Applicants for Issuance 
or Renewal of Licenses, Certificates of Registry, or Merchant Mariner's 
Documents

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to require chemical testing for use 
of dangerous drugs of all applicants for issuance or renewal of 
licenses, certificates of registry (CORs), or merchant mariner's 
documents (MMDs). This action is necessary to implement the 
requirements of the Oil Pollution Act of 1990 (OPA 90). Testing of 
applicants would increase maritime safety by providing an additional 
tool in the effort to promote a drug-free work place in the maritime 
industry.

DATES: Comments must be received on or before May 3, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 91-223), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    Comments on collection of information requirements must be mailed 
also to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th Street NW., Washington, DC 20503, ATTN: 
Desk Officer, U.S. Coast Guard.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters.

FOR FURTHER INFORMATION CONTACT:
Mr. James W. Cratty, Project Manager, OPA 90 Staff, (202) 267-6740 
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 91-223) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an unbound format suitable for copying and electronic 
filing. If not practical, a second copy of any bound material is 
requested. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope. The Coast Guard 
will consider all comments received during the comment period. It may 
change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Mr. 
James W. Cratty, Project Manager, and Jacqueline L. Sullivan, Project 
Counsel, Oil Pollution Act (OPA 90) Staff.

Background and Purpose

    In recent years, several major oil spills from ships have occurred 
in waters under the jurisdiction of the United States. Among these were 
the EXXON VALDEZ in Prince William Sound, Alaska, and the AMERICAN 
TRADER in coastal waters of California. These spills caused extensive 
damage, including the loss of fish and wildlife. In response to these 
disasters and others, Congress passed the Oil Pollution Act of 1990 
(OPA 90) (Pub. L. 101-380).
    Among other things, OPA 90 introduces new safety measures relating 
to vessel operations. This notice of proposed rulemaking (NPRM) 
proposes regulations to implement sections 4101(a) and (b) of OPA 90, 
which amend 46 U.S.C. 7101 and 7302, respectively, to require every 
person who applies for the issuance or renewal of a license, 
certificate of registry (COR), or merchant mariner's document (MMD) to 
have a test for dangerous drugs.
    Under 46 CFR part 10, the Coast Guard issues licenses to qualified 
officers such as masters, mates, pilots, engineers, operators, and 
radio officers, and issues CORs to qualified staff officers such as 
pursers, medical doctors, and professional nurses.
    Under the authority of 46 U.S.C. 7302, any person serving aboard 
most U.S.-flag merchant vessels of more than 100 gross tons operating 
on other than rivers and lakes must be issued an MMD by the Coast 
Guard. This document serves as a certificate of identification and 
service, authorizing work in different capacities on deck and in the 
engine and steward's departments. The MMD, with an appropriate 
endorsement, is also the credential issued to a qualified tankerman.
    The statutory language of OPA 90 refers to the testing of an 
individual for the use of dangerous drugs in violation of law or 
Federal regulation. Existing Coast Guard regulations are framed around 
the phrase ``chemical test,'' which is already defined in 46 CFR 
16.105. For the purposes of this NPRM, the chemical testing required of 
applicants for issuance or renewal of licenses, CORs, or MMDs relates 
only to the use of dangerous drugs.
    Section 4103(a)(2) of OPA 90 amends 46 U.S.C. 2101 by adding 
``dangerous drug'' to the list of general definitions and removes the 
definition of dangerous drugs from 46 U.S.C. 7503(a) and 7704(a). The 
definition of ``dangerous drug'' in section 4103(a)(2) of OPA 90 
includes the term ``controlled substance.'' Although ``marijuana'' is 
not specifically mentioned in the new definition, marijuana is a 
controlled substance under 21 U.S.C. 802, and is therefore covered by 
the definition of ``dangerous drug.'' This NPRM would revise the 
definition of ``dangerous drug'' in 46 CFR 16.105 to conform it to the 
definition in 46 U.S.C. 2101, as amended by section 4103(a)(2) of OPA 
90. This change has no substantive effect on the existing drug testing 
rules in 46 CFR part 16.
    Currently, 46 CFR 16.220(b) provides exceptions to the periodic 
chemical test requirement when there has been a recent test for 
dangerous drugs or participation in a random test program. These 
exceptions were revised by a final rule published in the Federal 
Register on May 28, 1993 (58 FR 31104). The revised exceptions would 
apply to the new testing requirements.
    Section 4102(b) and (c) of OPA 90 amends 46 U.S.C. 7107 and 7302 to 
limit the terms of CORs and MMDs to 5 years. On September 16, 1993 the 
Coast Guard published an NPRM in the Federal Register (58 FR 48572) 
entitled ``Five-year Term of Validity for Certificates of Registry and 
Merchant Mariner's Documents'' (CGD 91-211) to implement the provisions 
of section 4102. Although the NPRMs for chemical testing and terms of 
validity both deal with the issuance and renewal of merchant mariner's 
credentials, two separate documents have been issued for ease of review 
by the public. This NPRM proposes additional changes to update Coast 
Guard regulations, but it does not affect the regulatory amendments 
contained in the ``Five-Year Term of Validity for Certificates of 
Registry and Merchant Mariner's Documents'' NPRM. In two places, 46 CFR 
10.805(g) and 12.02-9(f), this NPRM contains proposed regulatory text 
that would follow after additions proposed in the ``Five-Year Term of 
Validity for Certificates of Registry and Merchant Mariner's 
Documents'' NPRM. One final rule may be issued combining the 
requirements for chemical testing and regulations for the terms of 
validity for CORs and MMDs.

Discussion of Proposed Amendments

    OPA 90 requires all applicants for the issuance or renewal of 
licenses, CORs, or MMDs to have a chemical test for dangerous drugs. 
The proposed rules would apply the requirement to (1) an original 
issuance or a renewal of a license, COR, or MMD; (2) a raise in grade 
of a license or a higher grade of COR; and (3) the first endorsement on 
an MMD as an able seaman, qualified member of the engine department, or 
tankerman. Applicants meeting either of the exceptions contained in 
Sec. 16.220 would be exempt from the chemical testing requirements. A 
chemical test for dangerous drugs would not be required for an MMD 
endorsement that does not require a new expiration date for the MMD or 
the duplicate issuance or replacement of valid licenses, CORs, or MMDs. 
If an applicant applies for multiple documentation transactions at one 
time, the application is treated as a single transaction and a single 
drug test will satisfy the drug testing requirements for all 
documentation transactions covered by the application.
    In a supplemental notice of proposed rulemaking (SNPRM) published 
in the Federal Register on October 17, 1989 (54 FR 42624), the Coast 
Guard proposed to remove existing 46 CFR subpart 12.20 entitled 
``Tankerman,'' and replace it with a new part 13, ``Tankermen and 
Persons in Charge of Transfer of Dangerous Liquid and Liquefied Gas.'' 
The Coast Guard is proposing to add chemical testing for dangerous 
drugs to the requirements for obtaining a tankerman endorsement on an 
MMD. Because the ``Tankerman'' rulemaking has not been finalized, the 
proposal to add drug testing requirements is set out as amendment to 
the existing requirements in 46 CFR subpart 12.20. The final rule will 
place the drug testing requirements in subpart 12.20 or a new 46 CFR 
part 13, as appropriate.
    Periodic chemical testing for dangerous drugs is currently part of 
the physical examinations required for some merchant mariners. Entry-
level ratings (46 CFR subpart 12.25), lifeboatmen (46 CFR subpart 
12.10), and staff officers (46 CFR 10.801) do not require physical 
examinations. Existing Sec. 16.220(a) states that, if a physical 
examination is required, the examination must include a chemical test 
for dangerous drugs. The applicant must provide the results of the 
chemical test for dangerous drugs to a Coast Guard Regional Examination 
Center (REC) where licensing and documentation transactions take place. 
The proposed rules would revise Sec. 16.220(a) to base testing 
requirements on issuance or renewal transactions. Additionally, 
requirements for pilots who must undergo an annual physical examination 
would be moved to a new Sec. 16.220(b) and a new reporting requirement 
is proposed for that section. Pilots who are not excepted from taking a 
chemical drug test as part of their annual physical would be required 
to provide drug test results to the REC where their license was last 
renewed.
    The Coast Guard is soliciting comments specifically on two issues 
raised by this expansion of chemical testing requirements. The first 
issue relates to an unemployed, nonunion applicant who is required to 
have a chemical test for dangerous drugs. Under 46 CFR 16.370, which 
would not be amended by the proposed rules, individuals must have test 
results reviewed by a Medical Review Officer (MRO) selected by the 
employer or sponsoring organization. However, if an applicant does not 
hold a maritime-related job or belong to a union, there may be no MRO 
immediately available to the applicant for reviewing test results and 
providing appropriate certification. The Coast Guard is interested in 
receiving comments on whether this situation would pose a significant 
problem and requests suggestions on alternatives.
    The second issue relates to inactive license renewals under 46 CFR 
10.209(g). Under the proposed rules, applicants for inactive license 
renewals would not be required to undergo a chemical test for dangerous 
drugs. The Coast Guard seeks comments on the desirability of requiring 
applicants for inactive license renewals to meet the chemical testing 
requirements.

Regulatory Evaluation

    This proposal is not major under Executive Order 12866, but is 
considered significant under the ``Department of Transportation 
Regulatory Policies and Procedures'' (44 FR 11040; February 26, 1979) 
because of controversy surrounding chemical drug testing, substantial 
public interest, and the potential for litigation. A Regulatory 
Evaluation has been prepared for this rulemaking and is available in 
the docket for inspection or copying where indicated under ADDRESSES.

Costs to Government

    Federal Government costs attributable to implementation of these 
proposed regulations would be incurred by the 17 Coast Guard RECs. Each 
applicant is responsible for submitting chemical test results verified 
by a MRO during the ``evaluation'' phase of the merchant mariner 
credential transaction. The additional costs, for the ``evaluation'' 
phase, associated with receiving and handling test results on 
applicants for merchant mariner credentials will be minimal. The costs 
incurred as a result of this rulemaking are a relatively small 
percentage of the total costs of the ``evaluation'' phase, and do not 
warrant revision of the current fees for evaluation related to MMD, COR 
or licensing transactions.

Costs to Public and Respondents

    Firms in the maritime industry and some individual respondents 
(applicants) would bear the prospective incremental costs of this 
rulemaking. These costs are addressed in the Regulatory Evaluation.
    The cost projections assume that holders of MMDs will not apply for 
renewals and endorsements at the same time, and that holders of 
licenses will not apply for renewals and raises in grade at the same 
time. This approach guards against underestimating costs. However, the 
projections further assume that holders of licenses who also hold MMDs 
will renew licenses and MMDs together, and that the few holders of CORs 
and MMDs will apply for and renew CORs and MMDs together. The cost 
projections were adjusted to reflect the percentage of merchant 
mariners that will not have to take a drug test for the documentation 
transaction because they already participate in a random chemical 
testing program for dangerous drugs or they have passed a drug test 
within the previous 185 days. Computations show that the NPRM would 
subject an estimated additional 7,258 applicants for credentials each 
year to chemical testing for dangerous drugs. The annual cost to the 
public would total $439,000.

Benefits

    The dollar value of direct and societal benefits derived from the 
proposed rule are not quantifiable, but may be substantial.
    According to a 1987 report published by the National Institute of 
Drug Abuse, drug-free individuals--
    (a) Suffer fewer accidents;
    (b) File fewer workers' compensation claims;
    (c) Use less sick leave; and
    (d) Experience lower medical cost than drug users.
    Historical data is insufficient to quantify benefits. However, 
should this program manage to save even one life per year at $2.5 
million per statistical life saved (which recent research shows is a 
reasonable estimate of people's willingness-to-pay for safety), its 
benefits would exceed its costs. If maritime accidents were reduced 
even by a small percentage, savings would accrue to the maritime 
industry through lower repair and medical costs and to the public 
through environmental protection.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 632).
    The costs to small entities will probably not be significant 
because the costs of the additional chemical testing for dangerous 
drugs will be borne primarily by individual applicants, and is less 
than $100 per occasion. Because it expects the impact of this proposal 
on small entities to be minimal, the Coast Guard certifies under 15 
U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the 
Office of Management and Budget (OMB) reviews each proposed rule that 
contains a collection of information requirement to determine whether 
the practical value of the information is worth the burden imposed by 
its collection. Collection of information requirements include 
reporting, recordkeeping, notification, and other, similar 
requirements.
    This proposal contains collection of information requirements in 
Secs. 10.201, 10.202, 10.205, 10.207, 10.209, 10.805, 12.02-4, 12.02-9, 
12.05-3, 12.10-2, 12.15-3, 12.20-1, 12.25-10, 16.105, and 16.220. The 
following particulars apply:
    DOT No: 2115.
    OMB Control No.: Formerly 2115-0574; Consolidated into 2115-0003.
    Administration: U.S. Coast Guard.
    Title: Collection of Commercial Vessel & Personnel Accident (Marine 
Casualty) Information (Forms CG-2692/2692A) and Programs for Chemical 
Drug & Alcohol Testing of Commercial Vessel Personnel, including 
Required Drug & Alcohol Testing following a Serious Marine Incident 
(Form CG-2692B).
    Need for Information: Sections 7101 and 7302 of title 46, United 
States Code mandate that the Secretary require chemical testing of each 
applicant for the issuance or renewal of a license, COR, or MMD for use 
of a dangerous drug.
    Proposed Use of Information: An applicant must submit proof of 
passing a chemical test for dangerous drugs or meet one of the 
exceptions from periodic testing in order to be considered for issuance 
or renewal of a license, COR, or MMD.
    Frequency of Responses: This information must be collected whenever 
an applicant applies for or renews a license, COR, MMD, or when 
individuals (e.g., a pilot) are required to receive an annual physical 
examination.
    Burden Estimated: The Coast Guard estimates that the total annual 
burden on merchant mariners will be $439,000. This estimate does not 
include the costs to the Coast Guard of administering the program. 
Again, these costs are incorporated into the ``Draft Regulatory 
Evaluation and Regulatory Flexibility Assessment of Regulations 
Requiring Chemical Testing for Dangerous Drugs of Applicants for 
Issuance or Renewal of a license, COR, or MMD.''
    Respondents: The regulatory impact will fall on the estimated 7,258 
merchant mariners not yet required to undergo periodic chemical testing 
for dangerous drugs.
    Form(s): There are no forms applicable to this rulemaking.
    Average Burden Hours Per Respondent: The average burden hours per 
respondent is 1.25 hours per year. The burden hours for all respondents 
total 9,072.5 hours annually.
    The Coast Guard has submitted the requirements to OMB for review 
under section 3504(h) of the Paperwork Reduction Act. Persons 
submitting comments on the requirements should submit their comments 
both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. This proposal is a procedural 
regulation without any direct environmental impact. A Categorical 
Exclusion Determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects

46 CFR Part 10

    Fees, Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 12

    Fees, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 16

    Drug testing, Marine safety, Reporting and recordkeeping 
requirements. Safety, Transportation.
    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 10, 12, and 16 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. The authority citation for part 10 continues to read as follows:

    Authority: 14 U.S.C. 633, 31 U.S.C. 9701, 46 U.S.C. 2103, 7101; 
49 CFR 1.45, 1.46; Section 10.107 also issued under the authority of 
44 U.S.C. 3507.

    2. Section 10.201(a) is revised to read as follows:


Sec. 10.201  Eligibility for licenses and certificates of registry, 
general.

    (a) In order to receive a license or certificate of registry, each 
applicant shall establish to the satisfaction of the Officer in Charge, 
Marine Inspection (OCMI), that he or she meets all the qualifications 
(respecting age, experience, training, citizenship, character 
references, recommendations, physical health, chemical testing for 
dangerous drugs, and professional competence) required by this part 
before the OCMI issues a license or certificate of registry.
* * * * *
    3. Section 10.202 is amended by revising the section heading and 
adding paragraph (i) to read as follows:


Sec. 10.202  Issuance of licenses and certificates of registry.

* * * * *
    (i) Each applicant for an original issuance or a renewal of a 
license or a certificate of registry, for a raise in grade of a 
license, or for a higher grade of certificate of registry shall produce 
evidence of having passed a chemical test for dangerous drugs or 
qualifying for an exception from testing in Sec. 16.220 of this 
subchapter. Any applicant who fails a chemical test for dangerous drugs 
will not be issued a license or certificate of registry.
    4. Section 10.205 is amended by adding paragraph (j) to read as 
follows:


Sec. 10.205  Requirements for original licenses and certificates of 
registry.

* * * * *
    (j) Chemical testing for dangerous drugs. Each applicant shall 
produce evidence of having passed a chemical test for dangerous drugs 
or qualifying for an exception from testing in Sec. 16.220 of this 
subchapter. An applicant who fails a chemical test for dangerous drugs 
will not be issued a license or certificate of registry.
    5. Section 10.207 is amended by adding paragraph (g) to read as 
follows:


Sec. 10.207  Requirements for raise of grade of license.

* * * * *
    (g) Chemical testing for dangerous drugs. Each applicant for a 
raise in grade shall produce evidence of having passed a chemical test 
for dangerous drugs or qualifying for an exception from testing in 
Sec. 16.220 of this subchapter. An applicant who fails a chemical test 
for dangerous drugs will not be issued a license.
    6. Section 10.209 is amended by revising the section heading and 
adding paragraph (h) to read as follows:


Sec. 10.209  Requirements for renewal of licenses and certificates of 
registry.

* * * * *
    (h) Chemical testing for dangerous drugs. Each applicant for the 
renewal of a license or of a certificate of registry shall produce 
evidence of having passed a chemical test for dangerous drugs or 
qualifying for an exception from testing in Sec. 16.220 of this 
subchapter. An applicant who fails a chemical test for dangerous drugs 
will not be issued a license or certificate of registry.
    7. Section 10.805 is amended by adding paragraph (g) to read as 
follows:


Sec. 10.805  General requirements.

* * * * *
    (g) Each applicant for an original certificate of registry or a 
higher grade of certificate of registry, as described by paragraph (c) 
of this section, shall produce evidence of having passed a chemical 
test for dangerous drugs or qualifying for an exception from testing in 
Sec. 16.220 of this subchapter. An applicant who fails a chemical test 
for dangerous drugs will not be issued a certificate of registry.

PART 12--CERTIFICATION OF SEAMEN

    8. The authority citation for part 12 continues to read as follows:

    Authority: 14 U.S.C. 633, 31 U.S.C. 9701, 46 U.S.C. 2103, 2110, 
7301, 7701, 49 CFR 1.46.

    9. Section 12.02-4 is amended by adding paragraph (c) to read as 
follows:


Sec. 12.02-4  Basis for denial of documents.

* * * * *
    (c) An applicant who fails a chemical test for dangerous drugs 
required by Sec. 12.02-9 will not be issued a merchant mariner's 
document.
    10. Section 12.02-9 is amended by adding paragraph (f) to read as 
follows:


Sec. 12.02-9  Application for documents.

* * * * *
    (f) Each applicant for an original issuance of a merchant mariner's 
document, the first endorsement as an able seaman, qualified member of 
the engine department, or tankerman, or a reissuance of a merchant 
mariner's document with a new expiration date shall present evidence of 
having passed a chemical test for dangerous drugs or qualifying for an 
exception from testing in Sec. 16.220 of this subchapter.

PART 16--CHEMICAL TESTING

    11. The authority citation for part 16 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR 
1.46.

    12. Section 16.105 is amended by revising the definition of 
``dangerous drug'' to read as follows:


Sec. 16.105  Definitions of terms used in this part.

* * * * *
    Dangerous drug means a narcotic drug, a controlled substance, or a 
controlled-substance analog (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
* * * * *
    13. Section 16.220 is revised to read as follows:


Sec. 16.220  Periodic testing requirements.

    (a) Except as provided by paragraph (c) of this section, an 
applicant for an original issuance or a renewal of a license or a 
certificate of registry (COR), a raise in grade of a license, a higher 
grade of COR, an original issuance of a merchant mariner's document 
(MMD), the first endorsement as an able seaman, qualified member of the 
engine department, or tankerman, or a reissuance of an MMD with a new 
expiration date shall be required to pass a chemical test for dangerous 
drugs. The applicant shall provide the results of the test to the Coast 
Guard Regional Examination Center (REC) at the time of submitting an 
application. The test results must be completed and dated not more than 
185 days prior to submission of the application.
    (b) Unless excepted under paragraph (c) of this section, each pilot 
required by this subchapter to receive an annual physical examination 
must pass a chemical test for dangerous drugs as a part of that 
examination. The individual shall provide the results of each test 
required by this section to the REC where the license was last renewed.
    (c) An applicant need not submit evidence of passing a chemical 
test for dangerous drugs required by paragraph (a) or (b) of this 
section if he or she provides satisfactory evidence that he or she 
has--
    (1) Passed a chemical test for dangerous drugs required by this 
part within the previous six months with no subsequent positive drug 
tests during the remainder of the six-month period; or
    (2) During the previous 185 days been subject to a random testing 
program required by Sec. 16.230 for at least 60 days and did not fail 
or refuse to participate in a chemical test for dangerous drugs 
required by this part.
    (d) An applicant is required to provide the results of only one 
chemical test for dangerous drugs when multiple documentation 
transactions are covered by or requested in a single application.
    14. Section 16.260(b)(1) is revised to read as follows:


Sec. 16.260  Records.

* * * * *
    (b) * * *
    (1) Satisfy the requirements of Secs. 16.210(b) and 16.220(c) of 
this part.
* * * * *
    Dated: February 23, 1994.
J.W. Kime,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 94-4767 Filed 3-3-94; 8:45 am]
BILLING CODE 4910-14-M