[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Rules and Regulations]
[Pages 4522-4526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1626]




[[Page 4521]]

_______________________________________________________________________

Part VII





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



46 CFR Parts 10, 12 and 16



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

  Federal Register / Vol. 60, No. 14 / Monday, January 23, 1995 / Rules 
and Regulations   
[[Page 4522]] 

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: Final rule.

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

SUMMARY: This rulemaking establishes Coast Guard regulations which 
implement the provisions of the Oil Pollution Act of 1990 (OPA 90) that 
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). Testing of applicants will 
provide an additional tool in the effort to promote a drug-free work 
place in the maritime industry.

EFFECTIVE DATE: This rule is effective March 24, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 91-223), 
U.S. Coast Guard Headquarters, 2100 Second Street SW., room 3406, 
Washington, DC 20593-0001 between 8 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays. The telephone number is (202) 267-
1477.

FOR FURTHER INFORMATION CONTACT: LCDR K. McKinna, Merchant Vessel 
Personnel Division (G-MVP), (202) 267-0218, or LCDR M. Grossetti, 
Marine Investigation Division (G-MMI), (202) 276-0415, Office of Marine 
Safety, Security and Environmental Protection, between 7 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Drafting Information

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

Regulatory History

    On March 4, 1994, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Chemical Testing for Dangerous Drugs of 
Applicants for Issuance or Renewal of Licenses, Certificates of 
Registry, or Merchant Mariner's Documents'' in the Federal Register (59 
FR 10544). The 60-day comment period closed on May 3, 1994. The Coast 
Guard received seven letters commenting on the proposal from mariners, 
a shipping company, and marine industry representatives. No public 
hearing was requested, and none was held.
    After careful review of the comments and the NPRM, the Coast Guard 
has finalized the regulations requiring chemical testing for use of 
dangerous drugs of all applicants for issuance or renewal of merchant 
mariner credentials. The Coast Guard finds that the regulations provide 
the maximum flexibility practicable in establishing requirements for 
chemical testing for use of dangerous drugs.

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 final rule implements 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 be tested for use of 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 which 
operate on other than rivers and lakes must hold an MMD issued by the 
Coast Guard. The MMD 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 qualified tankermen.
    The statutory language of OPA 90 requires the testing of applicants 
for issuance or renewal of licenses, CORs, or MMDs for the use of 
dangerous drugs in violation of law or Federal regulation. Existing 
Coast Guard drug-testing regulations use the phrase ``chemical test,'' 
which is already defined in 46 CFR 16.105. For the purposes of this 
final rule, 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 final rule will revise the 
definition of ``dangerous drug'' in 46 CFR 16.105 so that it conforms 
with 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 
chemical testing rules in 46 CFR part 16.
    To clarify the meaning of ``pass a chemical test for dangerous 
drugs'' a new definition has been added to 46 CFR 10.103, 12.01-6, and 
16.105. It means that the result of a chemical test is reported as 
negative under 49 CFR part 40.
    Currently, 46 CFR 16.220(b) provides exceptions to the periodic 
chemical test requirement when there has been a recent test for use of 
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), and apply to the new testing 
requirements in this final rule.
    Sections 4102(b) and (c) of OPA 90 amend 46 U.S.C 7107 and 7302 to 
limit the terms of CORs and MMDs to 5 years. On September 27, 1994, the 
Coast Guard published a final rule entitled ``Five-year Term of 
Validity for Certificates of Registry and Merchant Mariner's 
Documents'' (CGD 91-211) in the Federal Register (59 FR 49294) to 
require renewals of MMDs and CORs. Although the final rules for 
chemical testing and terms of validity both deal with the issuance and 
renewal of merchant mariner's credentials, separate dockets were 
maintained for ease of review by the public.

Discussion of Comments and Changes

    Seven letters were received in response to the NPRM. The Coast 
Guard has reviewed all of the comments and, [[Page 4523]] in some 
instances, revised the proposed regulations as appropriate. The 
comments have been grouped by issue, and are discussed as follows.

1. Inactive License Renewals Under 46 CFR 10.209(g)

    The Coast Guard solicited comments on the desirability of requiring 
chemical testing of individuals whose licenses are renewed under 46 CFR 
10.209(g) as an inactive license with a ``continuity endorsement.'' Two 
comments were received addressing this issue. Both comments generally 
supported this proposed requirement but disagreed as to when the 
requirement should be implemented. One comment stated that the chemical 
test should be required when the application for renewal is made. The 
other comment supports not requiring applicants for inactive 
credentials to undergo a chemical test for dangerous drugs until they 
request removal of the ``continuity endorsement'' from the credential. 
The Coast Guard's position is that a license being renewed ``for 
continuity purposes only'' is not valid for operating. Therefore, no 
purpose is served in requiring a chemical test when the inactive 
merchant mariner credential is requested. The Coast Guard will require 
that an applicant meet the chemical testing requirement when the 
applicant requests removal of the continuity endorsement from the 
credential.

2. Review of a Chemical Test by a Medical Officer

    Under 46 CFR 16.370, which is unchanged by this final rule, 
individuals must have test results reviewed by a Medical Review Officer 
(MRO) selected by the employer or sponsoring organization. In the NPRM, 
the Coast Guard solicited comments on whether mariners who do not hold 
a maritime related job or belong to a union would have difficulty 
obtaining the services of an MRO to review the results of their 
chemical test. No comments on this issue were received. The Coast 
Guard's experience indicates that the Regional Examination Centers 
(RECs) are able to identify for applicants testing facilities that can 
perform the required chemical tests and provide the services of an MRO 
for the individuals. Therefore, the Coast Guard's position is that the 
services of MROs are available to those individuals who need them.

3. Definitions

    One comment pointed out that the term ``fails a chemical test for 
dangerous drugs'' is defined in 46 CFR part 16 but not included in 
parts 10 and 12. The final rule revises the definition of ``fails a 
chemical test for dangerous drugs'' to more clearly state that both the 
test and the review by the MRO are to be conducted in accordance with 
49 CFR part 40, and adds the term to the definitions section in parts 
10 and 12.

4. Other Comments

    The other comments received were general in nature and supported 
this Coast Guard rulemaking effort.

5. Additional Changes

    On September 27, 1994, the Coast Guard published a final rule 
entitled ``Five-year Term of Validity for Certificates of Registry and 
Merchant Mariner's Documents'' (CGD 91-211) in the Federal Register (59 
FR 49294). That final rule includes a provision to permit renewal of 
MMDs with qualified ratings ``for continuity purposes only.'' This 
provision follows the same procedures as the renewal policy for license 
holders. Therefore, although not in the NPRM, this rule provides that 
holders of merchant mariner credentials applying for a continuity 
endorsement will not be required to have a chemical test for dangerous 
drugs until they request removal of the continuity endorsement from 
their merchant mariner credential.
    The NPRM stated that pilots who must undergo an annual physical 
examination and who are not excepted from taking a chemical drug test 
as part of their annual physical would be required to provide the 
chemical test results to the REC where their license was last renewed. 
The NPRM did not specify when to provide the test results to the REC. 
The final rule clarifies the language of this requirement to provide 
the chemical test results to the Coast Guard whenever the pilot's 
physical examination results would be required under 46 CFR part 10.
    The final rule adds the rating of lifeboatman to the list of MMD 
endorsements requiring a chemical test. This MMD rating has previously 
not required a chemical test for dangerous drugs because a physical 
examination has not been required. The Coast Guard, however, has 
determined that this is a position of authority and that a chemical 
test should be required. A chemical test is required for renewal of an 
MMD with this endorsement. Therefore a test should be required for the 
issuance of this endorsement, as it is for other MMD qualified ratings.

Assessment

    This rulemaking is a significant regulatory action under section 
3(f) of Executive Order 12866 and has been reviewed by the Office of 
Management and Budget under that order. It requires an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It is 
significant under the regulatory policies and procedures of the 
Department of Transportation (44 FR 11040; February 26, 1979) because 
of the controversy surrounding chemical testing, substantial public 
interest, and the potential for litigation. A final assessment has been 
prepared for this rulemaking and is available in the docket (CGD 91-
223) for inspection or copying where indicated under ADDRESSES. The 
following information is taken from the Assessment.

Costs to Government

    Federal Government costs attributable to implementation of these 
regulations will be incurred by the 17 Coast Guard RECs. Each applicant 
is responsible for submitting chemical test results verified by an 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 regulation 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) will bear the incremental costs of this regulation. These 
costs are addressed in the Assessment.
    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 chemical test for the 
documentation transaction because they already participate in a random 
chemical testing program for dangerous drugs or they have passed a 
chemical test within the previous 185 days. Computations show that this 
regulation would subject an estimated additional 7,258 applicants for 
credentials each year to chemical testing for dangerous drugs. The cost 
for each [[Page 4524]] applicant will be approximately $60, and the 
total annual incremental cost to the public will be approximately 
$439,000.

Benefits

    The dollar value of direct and societal benefits derived from the 
regulation 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 the results of this regulation manage to save even one life per 
year at $2.6 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 vessel repairs and medical costs and to 
the public through environmental protection.

Small Entities

    The costs to small entities will not be significant because the 
costs of the additional chemical testing for dangerous drugs will be 
borne primarily by maritime firms and some individual applicants. The 
approximate cost for each applicant will be about $60. The Coast Guard 
expects the impact of this regulation on small entities to be minimal. 
Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule contains collection-of-information requirements. The 
Coast Guard has submitted the requirements to the Office of Management 
and Budget (OMB) for review under section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved them. The 
section numbers are Secs. 10.201, 10.202, 10.205, 10.207, 10.209, 
10.805, 12.02-9, 12.02-27, and 16.220. The corresponding OMB Control 
Number was formerly 2115-0574; it has been consolidated into 2115-0003.

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, the regulations are categorically excluded from further 
environmental documentation. Section 2.B.2.1 of that instruction 
excludes administrative actions and procedural regulations and policies 
which clearly do not have any environmental impacts. 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 amends 46 
CFR parts 10, 12, and 16 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

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

    Authority: 31 U.S.C. 9701, 46 U.S.C. 2101, 2103, 7101, 7106, 
7107; 49 CFR 1.45, 1.46; section 10.107 is also issued under the 
authority of 44 U.S.C. 3507.

    2. Section 10.103 is amended by adding ``fails a chemical test for 
dangerous drugs'' and ``passes a chemical test for dangerous drugs'' in 
alphabetical order to the list of definitions to read as follows:


Sec. 10.103  Definitions of terms used in this part.

* * * * *
    Fails a chemical test for dangerous drugs means that the result of 
a chemical test conducted in accordance with 49 CFR part 40 is reported 
as ``positive'' for the presence of dangerous drugs or drug metabolites 
in an individual's system by a Medical Review Officer in accordance 
with that part.
* * * * *
    Passes a chemical test for dangerous drugs means the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported 
as ``negative'' by a Medical Review Officer in accordance with that 
part.
* * * * *
    3. In section 10.201, paragraph (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.
* * * * *
    4. 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) To obtain an original issuance or a renewal of a license or a 
certificate of registry, a raise in grade of a license, or a higher 
grade of certificate of registry each applicant shall produce evidence 
of having passed a chemical test for dangerous drugs or of 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 10.205 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. To obtain a license or 
certificate of registry each applicant shall produce evidence of having 
passed a chemical test for dangerous drugs or of 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.
    6. 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. To obtain a raise of 
grade of a license each applicant shall produce evidence of having 
passed a chemical [[Page 4525]] test for dangerous drugs or of 
qualifying for an exception from testing in Sec. 16.220 of this 
subchapter.
    7. Section 10.209 is amended by revising paragraph (g)(1) and by 
adding a new paragraph (h) to read as follows:


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

* * * * *
    (g) * * *
    (1) Applicants for renewal of licenses who are unwilling or 
otherwise unable to meet the requirements of paragraphs (c) or (d) of 
this section may renew their licenses, with the following restrictive 
endorsement placed on the back of the license: ``License renewed for 
continuity purposes only; service under the authority of this license 
is prohibited.'' Holders of licenses with this continuity endorsement 
may have the prohibition rescinded at any time by satisfying the 
renewal requirements in paragraphs (c), (d), and (h) of this section.
* * * * *
    (h) Chemical testing for dangerous drugs. Except for applicants 
requesting an inactive license renewal under paragraph (g) of this 
section, 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 of 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.
    8. 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 of 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

    9. The authority citation for part 12 is revised to read as 
follows:

    Authority: 31 U.S.C. 9701, 46 U.S.C. 2101, 2103, 2110, 7301, 
7302; 49 CFR 1.46.

    10. Section 12.01-6 is amended by adding in alphabetical order 
``fails a chemical test for dangerous drugs'' and ``passes a chemical 
test for dangerous drugs'' to the list of definitions to read as 
follows:


Sec. 12.01-6  Definitions of terms used in this part.

* * * * *
    Fails a chemical test for dangerous drugs means that the result of 
a chemical test conducted in accordance with 49 CFR part 40 is reported 
as ``positive'' for the presence of dangerous drugs or drug metabolites 
in an individual's system by a Medical Review Officer in accordance 
with that part.
* * * * *
    Passes a chemical test for dangerous drugs means the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported 
as ``negative'' by a Medical Review Officer in accordance with that 
part.
* * * * *
    11. 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.
    12. Section 12.02-9 is amended by adding paragraph (f) to read as 
follows:


Sec. 12.02-9  Application for documents.

* * * * *
    (f) Except for applicants requesting an inactive merchant mariner's 
document renewal under Sec. 12.02-27(g) of this part, to obtain an 
original issuance of a merchant mariner's document, the first 
endorsement as an able seaman, lifeboatman, qualified member of the 
engine department, or tankerman, or a reissuance of a merchant 
mariner's document with a new expiration date, each applicant shall 
present evidence of having passed a chemical test for dangerous drugs 
or of qualifying for an exception from testing in Sec. 16.220 of this 
subchapter.
    13. Section 12.02-27 is amended by revising paragraph (g)(1) to 
read as follows:


Sec. 12.02-27  Requirements for renewal of merchant mariner's 
documents.

* * * * *
    (g) * * *
    (1) Applicants for renewal of merchant mariner's documents that are 
endorsed with qualified ratings, who are unwilling or otherwise unable 
to meet the requirements of paragraphs (c) or (d) of this section may 
renew the merchant mariner's document, with the following restrictive 
endorsement placed on the document: ``Continuity only; service under 
document prohibited.'' Holders of merchant mariner's documents with 
this continuity endorsement may have the prohibition rescinded at any 
time by satisfying the renewal requirements in paragraphs (c) and (d) 
of this section and Sec. 12.02-9(f) of this part.
* * * * *

PART 16--CHEMICAL TESTING

    14. The authority citation for part 16 continues to read as 
follows:

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

    15. Section 16.105 is amended by revising the definitions of 
``dangerous drug'' and ``fails a chemical test for dangerous drugs'', 
and by adding in alphabetical order the definition ``passes a chemical 
test for dangerous drugs'' 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)).
* * * * *
    Fails a chemical test for dangerous drugs means that the result of 
a chemical test conducted in accordance with 49 CFR part 40 is reported 
as ``positive'' for the presence of dangerous drugs or drug metabolites 
in an individual's system by a Medical Review Officer in accordance 
with that part.
* * * * *
    Passes a chemical test for dangerous drugs means the result of a 
chemical test conducted in accordance with 49 CFR part 40 is reported 
as ``negative'' by a Medical Review Officer in accordance with that 
part.
* * * * *
    16. 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, and 
Secs. 10.209(h) and 12.02-9(f) of this subchapter, 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, lifeboatman, 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 [[Page 4526]] 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 when the pilot applies for a 
license renewal or when requested by the Coast Guard.
    (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 
chemical tests during the remainder of the 6-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) Except as provided by paragraph (b) of this section, an 
applicant is required to provide the results of only one chemical test 
for dangerous drugs when multiple transactions are covered by or 
requested in a single application.
    17. 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: January 17, 1995.
Robert E. Kramek,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 95-1626 Filed 1-20-95; 8:45 am]
BILLING CODE 4910-14-P