[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