[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Proposed Rules]
[Pages 21502-21506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9411]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 4, 5, and 16

[USCG-2000-7759]
RIN 2115-AG00


Chemical Testing

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to revise its chemical drug 
testing regulations to conform with the Department of Transportation's 
(DOT) final rule on drug testing procedures published in the 
Federal Register on December 19, 2000. The Coast Guard proposes 
to amend the regulations on Marine Casualties and Investigations and 
Chemical Testing by removing obsolete sections and sections duplicating 
the DOT regulations; adding new definitions; and modifying existing 
text to incorporate new terms and procedures contained in the DOT 
procedural requirements. This rulemaking would conform Coast Guard 
rules to the new requirements established by the December 19, 2000, DOT 
final rule.

DATES: Comments and related material must reach the Docket 
Management Facility on or before June 29, 2001.

ADDRESSES: To make sure that your comments and related material 
are not entered more than once in the docket, please submit them by 
only one of the following means:
    (1) By mail to the Docket Management Facility (USCG-2000-7759), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
proposed rule, call LT Jennifer Ledbetter, Coast Guard, telephone 202-
267-0684. If you have questions on viewing or submitting material to 
the docket, call Dorothy Beard, Chief, Dockets, Department of 
Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-2000-
7759), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only 
one means. If you submit them by mail or hand delivery, submit them in 
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    On December 19, 2000 (65 FR 79462), the Department of 
Transportation (DOT) published a comprehensive revision to their drug 
and alcohol testing procedural rules (49 CFR Part 40). The revised Part 
40 makes numerous changes in the way that drug and alcohol testing will 
be conducted in the future. While some provisions of the new rule will 
be made effective more quickly, as amendments to the existing Part 40, 
the entire revised part is scheduled to go into effect on August 1, 
2001.
    Part 40 is one element of a One-DOT set of regulations designed to 
deter and detect the use of illegal drugs and the misuse of alcohol by 
employees performing safety-sensitive transportation functions. DOT has 
published a summary of the major changes affecting the modal drug 
testing rules. These major changes include changes to the ``return to 
duty'' process (49 CFR 40.21); a requirement that all modes collect 
``split specimens'' for drug testing (49 CFR 40.71 and subpart H); a 
new DOT process for employers to request waiver of the policy against 
stand down of employees pending completion of the test verification 
process (49 CFR 40.21); changes in qualifications and training 
requirements for testing personnel, medical review officers, and other 
technicians and substance abuse professionals (49 CFR 40.33,121 and 
281); revised role of consortium/third-party administrators (C/TPA) (49 
CFR 40.345 and 347); and a requirement that employers check

[[Page 21503]]

with previous employers for drug and alcohol testing results of 
applicants for safety sensitive jobs (49 CFR 40.25).
    It is important that the six DOT agency rules that cover specific 
transportation industries be consistent with the revised Part 40 to 
avoid duplication, conflict, or confusion among DOT regulatory 
requirements. For these reasons, the Coast Guard is proposing revisions 
to our drug and alcohol testing regulations affected by Part 40. We 
intend to issue final versions of these ``conforming amendments'' in 
time to be effective on August 1, 2001, the same date that the revised 
Part 40 takes effect.
    There are several changes that we propose to make to ensure 
consistency with the revised Part 40. The next section of this preamble 
discusses each of these items in turn.

Discussion of Proposed Rule

    The Coast Guard proposes to revise its chemical drug testing 
regulations to conform with the Department of Transportation's (DOT) 
final rule on drug testing procedures published on December 19, 2000 
Federal Register (65 FR 79462). This NPRM would conform Coast 
Guard rules to the new requirements established today by 49 CFR Part 
40. The Coast Guard proposes to revise 46 CFR Parts 4, 5, and 16 by 
removing obsolete sections and sections duplicating the DOT 
regulations; adding new definitions; and modifying existing text to 
incorporate new terms and procedures contained in the DOT procedural 
requirements
    Some new DOT requirements, such as the requirement for split 
specimens, can be implemented without a revision or conforming 
amendment to Coast Guard regulations. In this case, the requirement is 
in 49 CFR Part 40, and our regulations require employers to follow the 
procedures in that part when conducting required chemical tests for 
dangerous drugs.
    The DOT revisions include new qualification and training 
requirements for Medical Review Officers (MROs) and Substance Abuse 
Professionals (SAPs). The Coast Guard is not proposing to change the 
current dual role of the MRO in the return-to-duty decision process. 
However, where an individual performs both SAP and MRO functions, Part 
40 requires the individual to meet the qualification and training 
requirements for individuals performing each of these functions. We 
request comments on how these changes should be implemented by the 
Coast Guard. Should an MRO, in order to perform SAP functions, 
separately have to meet the SAP training requirements? Should 
fulfillment of the MRO training requirements satisfy the requirements 
for SAP training? Should the MRO, performing what are called SAP 
functions in Part 40, have to follow the same Part 40 procedures as 
SAPs in the return to duty process?
    Other DOT changes, such as the minimum number of follow-up drug 
tests required during the first year after return to work in a safety-
sensitive position, would require a conforming amendment to add this 
requirement to our existing regulatory text.
    The following is a brief discussion of how the Coast Guard proposes 
to amend its regulations affected by DOT's final rule.

46 CFR Part 4

    Throughout this part, we propose to update cross-references to 
point to the revised sections in 49 CFR Part 40 and the proposed 
revisions to 46 CFR Part 16.

46 CFR Part 5

    Table 5.569. We propose to clarify the Table of Appropriate Orders 
in Sec. 5.569 to distinguish between a Chemical test for dangerous 
drugs and for alcohol, because Part 40 treats them separately.

46 CFR Part 16

    Definitions. We propose to change some definitions in Sec. 16.105 
by removing terms that are no longer used in 46 CFR Part 16 or 49 CFR 
Part 40; by revising terms to conform to the definitions in 49 CFR Part 
40; and by adding terms found in 49 CFR Part 40 that are currently not 
found in 46 CFR Part 16.

New Sections

    We would add Sec. 16.107 Waivers. This section would 
contain existing waivers as well as the new DOT waiver for stand-down 
of crewmembers following a confirmed positive test.
    We propose adding a Sec. 16.109 describing DOT's new Public 
Interest Exclusion (PIE) in 49 CFR Part 40, subpart R.
    We propose adding Sec. 16.115 Penalties. to inform the 
public of the penalties prescribed by 46 U.S.C. 2115 for violation of 
dangerous drug and alcohol testing regulations.
    We also propose adding Sec. 16.203 Employer responsibilities. 
to restate DOT's general requirements for employers in 49 CFR Part 
40, subpart B.

Revisions

    Section 16.201  Application. In Sec. 16.201 we propose 
revising paragraph (a) by requiring all chemical drug tests to be 
conducted as detailed in the procedures found in 49 CFR 40. We would 
revise paragraph (c) to require a sponsoring organization, like 
employers and prospective employers, to report a mariner's positive 
chemical drug test to the nearest Coast Guard Officer in Charge, Marine 
Inspection. We would update the cross-reference to Sec. 16.370 in 
paragraph (e).
    Section 16.207  Conflict with foreign laws. We propose to 
remove the section heading and paragraph (a) of this section because it 
is obsolete. The delayed date for testing vessels operating in foreign 
jurisdictions has expired and this paragraph is no longer needed.
    Section 16.260  Records. We propose to revise 
Sec. 16.260(a) by adding a cross-reference to DOT recordkeeping 
requirements in 49 CFR 40.333.
    Subpart C. Most of the requirements in Subpart C are now 
covered in detail by the revised 49 CFR Part 40 and these sections are 
no longer needed in Part 16. In Subpart C, Sec. 16.301, Sec. 16.350(b), 
and Sec. 16.370(d) are not covered in detail by 49 CFR Part 40. We 
propose to redesignate these paragraphs.
    Section 16.370(d) currently requires an MRO to determine when an 
individual is ready to return to work after testing positive and allows 
the MRO to prescribe follow-up testing for up to 60 months as 
appropriate. In order to ensure intermodal consistency, DOT has 
prescribed a mandatory minimum number of follow-up tests after return 
to work. We propose to revise Sec. 16.370(d) to include the new DOT 
requirement for a minimum of 6 follow-up drug tests during the first 
year after an individual returns to work. This new requirement would be 
in addition to all other Coast Guard requirements for rehabilitation 
and education following a positive drug test. Revised Sec. 16.370(d) 
would be redesignated and we propose to remove the remaining provisions 
in Subpart C.

Regulatory Evaluation

    DOT has assessed the economic impacts of this proposed rulemaking. 
Because this proposed rule makes conforming changes to align Coast 
Guard regulations with the revised 49 CFR Part 40, DOT determined that 
it has no additional costs to industry. Their analysis is published in 
their December 19, 2000, final rule, Procedures for Transportation 
Workplace Drug and Alcohol Testing Programs [OST 1999-6578].

Analyses Under Other Executive Orders

    DOT also found no significant impact that would warrant further 
analysis of this rulemaking in accordance to the Small Business 
Regulatory Enforcement

[[Page 21504]]

Fairness Act of 1996, the Paperwork Reduction Act of 1995, Federalism 
impacts under Executive Order 13132, the Unfunded Mandates Reform Act 
of 1995, Enhancing the Intergovernmental Partnership under Executive 
Order 12875, Taking of Private Property under Executive Order 12630, 
Civil Justice Reform under Executive Order 12988, and the Protection of 
Children from Environmental Health Risks and Safety Risks under 
Executive Order 13045.
    It is well settled that States are precluded from regulation in 
categories that are reserved for regulation by the Coast Guard. It is 
also well settled, now, that all of the categories covered in 46 U.S.C. 
3306, 3703(a), 7101 and 8101 (design, construction, repair, alteration, 
maintenance, operation, equipping, personnel qualification and manning 
of vessels) as well as casualty reporting and any other categories 
where Congress intended the Coast Guard to be the sole source of a 
vessel's obligations are within the field foreclosed from State 
regulation. (See the decision of the Supreme Court in the consolidated 
cases of United States v. Locke and Intertanko v. 
Locke, 529 U.S. 89, 120 S.Ct 1135 (March 6, 2000). Rules 
regarding drug and alcohol testing for merchant marine personnel fall 
into the covered category of personnel certification rules, with the 
Coast Guard intended to be the sole source of those rules, thereby 
precluding States from regulation. Because States may not promulgate 
rules within these categories, preemption is not an issue under 
Executive Order 13132.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult LT Jennifer Ledbetter, Coast 
Guard, telephone 202-267-0684.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraphs (34)(a), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. The proposed rule would be promulgated to 
comply with new DOT regulations. The promulgation of new regulations by 
the Coast Guard would be editorial or procedural in nature. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects

46 CFR Part 4

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Drug testing, Investigations, Marine safety, National Transportation 
Safety Board, Nuclear vessels, Reporting and recordkeeping 
requirements, Safety, Transportation.

  

46 CFR Part 5

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Investigations, Seamen.

46 CFR Part 16

    Drug testing, Marine safety, Penalties, Reporting and recordkeeping 
requirements, Safety, Transportation.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR Parts 4, 5, and 16 as follows:

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

    1. The citation of authority for part 4 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 
2103, 2306, 6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority 
for subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.


Sec. 4.06  [Amended]

    2. In Sec. 4.06-1(f) remove ``and 16.207''.
    3. In Sec. 4.06-20(b) revise ``Sec. 16.330 of this part'' to read 
``49 CFR part 40''.
    4. In Sec. 4.06-40(b) revise ``Sec. 16.310'' to read 
``Sec. 16.113'' and revise ``Sec. 16.320'' to read ``49 CFR part 40, 
subpart D,''.
    5. In Sec. 4.06-50(b) in the first sentence revise ``49 CFR 40.33'' 
to read ``49 CFR 40.121'' and in the second sentence revise ``49 CFR 
40.33'' to read ``49 CFR part 40, subpart G,''.

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

    6. The citation of authority for part 5 continues to read as 
follows:

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

    7. In Sec. 5.569 in Table 5.569 revise the entry for ``Violation of 
Regulation:'' to read as follows:


Sec. 5.569  Selection of an appropriate order.

* * * * *

          Table 5.569.--Suggested Range of an Appropriate Order
------------------------------------------------------------------------
                                                               Range of
                      Type of offense                         order  (in
                                                               months)
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Violation of Regulation:
    Refusal to take chemical drug test.....................       12-24.
    Refusal to take required alcohol test..................       12-24.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------


[[Page 21505]]

PART 16--CHEMICAL TESTING

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

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

    9. In Sec. 16.105 remove the definition for ``Dangerous drug 
level'', ``Intoxicant'', and ``Medical Review Officer'', revise the 
definitions for ``Fails a chemical test for dangerous drugs'' and 
``Refuse to submit'', and add in alphabetical order definitions for 
``Consortium/Third party administrator'', ``Medical Review Officer 
(MRO)'', ``Service agent'', and ``Stand down'' to read as follows:


Sec. 16.105  Definitions of terms used in this part.

* * * * *
    Consortium/Third party administrator (C/TPA) means a 
service agent who provides or coordinates the provision of a variety of 
drug and alcohol testing services to employers. C/TPAs typically 
perform administrative tasks concerning the operation of the employers' 
drug and alcohol testing programs. This term includes, but is not 
limited to, groups of employers who join together to administer, as a 
single entity, the DOT drug and alcohol testing programs of its 
members.
* * * * *
    Fails a chemical test for dangerous drugs means that the 
result of a chemical test conducted in accordance with 49 CFR 40 was 
reported as ``positive'' by a Medical Review Officer because the 
chemical test indicated the presence of a dangerous drug at a level 
equal to or exceeding the levels established in 49 CFR part 40.
* * * * *
    Medical Review Officer (MRO) means a person who is a 
licensed physician and who is responsible for receiving and reviewing 
laboratory results generated by an employer's drug testing program and 
evaluating medical explanations for certain drug test results.
* * * * *
    Refuse to submit means you refused to take a drug test as 
set out in 49 CFR 40.191.
* * * * *
    Service agent means any person or entity that provides 
services specified under this part or 49 CFR part 40 to employers and/
or crewmembers in connection with DOT drug and alcohol testing 
requirements. This includes, but is not limited to, collectors, BATs 
and STTs, laboratories, MROs, substance abuse professionals, and C/
TPAs. To act as service agents, persons and organizations must meet the 
qualifications set forth in applicable sections of 49 CFR part 40. 
Service agents are not employers for purposes of this part.
* * * * *
    Stand-down means the practice of temporarily removing a 
crewmember from the performance of safety-sensitive functions based 
only on a report from a laboratory to the MRO of a confirmed positive 
test for a drug or drug metabolite, an adulterated test, or a 
substituted test, before the MRO has completed verification of the test 
result.
    10. Add Sec. 16.107 to subpart A to read as follows:


Sec. 16.107  Waivers.

    (a) To obtain a waiver from 49 CFR 40.21 or from this part you must 
send your request for a waiver to the Commandant (G-MOA).
    (b) Employers for whom compliance with this part would violate the 
domestic laws or policies of another country may request an exemption 
from the drug testing requirements of this part by submitting a written 
request to Commandant (G-MOA), at the address listed in Sec. 16.500(a).
    (c) An employer may request a waiver from the Coast Guard in order 
to stand-down a crewmember following the Medical Review Officer's 
receipt of a laboratory report of a confirmed positive test for a drug 
or drug metabolite, an adulterated test, or a substituted test 
pertaining to the crewmember. Consistent with 49 CFR 40.21, the request 
for a waiver must include as a minimum: information about the 
organization and the proposed written company policy concerning stand-
down. Specific elements required in the written waiver request are 
contained in 49 CFR 40.21(c).
    11. Add Sec. 16.109 to subpart A to read as follows:


Sec. 16.109  Public Interest Exclusion (PIE).

    Service agents are subject to Public Interest Exclusion (PIE) 
actions in accordance with 49 CFR part 40, subpart R. The PIE is an 
action which excludes from participation in DOT's drug and alcohol 
testing program any service agent who, by serious noncompliance with 
this part or with 49 CFR part 40, has shown that it is not currently 
acting in a responsible manner.
    12. Add Sec. 16.115 to subpart A to read as follows:


Sec. 16.115  Penalties.

    Violation of this part is subject to the civil penalties set forth 
in 46 U.S.C. 2115. Any person who fails to implement or conduct, or who 
otherwise fails to comply with the requirements for chemical testing 
for dangerous drugs as prescribed under this part, is liable to the 
United States Government for a civil penalty of not more than $5,000 
for each violation. Each day of a continuing violation will constitute 
a separate violation.
    13. In Sec. 16.201 revise paragraphs (a), (c), and (e), and add 
paragraph (f) to read as follows:


Sec. 16.201  Application.

    (a) Chemical testing of personnel must be conducted as required by 
this subpart and in accordance with the procedures detailed in 49 CFR 
part 40.
* * * * *
    (c) If an individual holding a license, certificate of registry, or 
merchant mariner's document fails a chemical test for dangerous drugs, 
the individual's employer, prospective employer, or sponsoring 
organization must report the test results in writing to the nearest 
Coast Guard Officer in Charge, Marine Inspection (OCMI). The individual 
must be denied employment as a crewmember or must be removed from 
duties which directly affect the safe operation of the vessel as soon 
as practicable and is subject to suspension and revocation proceedings 
against his or her license, certificate of registry, or merchant 
mariner's document under 46 CFR part 5.
* * * * *
    (e) An individual who has failed a required chemical test for 
dangerous drugs may not be re-employed aboard a vessel until the 
requirements of paragraph (g) of this section and 46 CFR Part 5, if 
applicable, have been satisfied.
    (f) Medical Review Officers (MRO) may report positive test results 
of unemployed, self-employed, or individual mariners to the Coast 
Guard.
    14. Add Sec. 16.203 to read as follows:


Sec. 16.203  Employer responsibilities.

    (a) Employers must ensure that they and their crewmembers meet the 
requirements of this part.
    (b) Employers are responsible for all the actions of their 
officials, representatives, and agents in carrying out the requirements 
of this part.
    (c) All agreements and arrangements, written or unwritten, between 
and among employers and service agents concerning the implementation of 
DOT drug testing requirements are deemed, as a matter of law, to 
require compliance with all applicable provisions of this part and DOT 
agency drug testing regulations. Compliance with these provisions is a 
material term of all such agreements and arrangements.

[[Page 21506]]

Sec. 16.207  [Removed]

    15. Remove Sec. 16.207.
    16. In Sec. 16.260 revise paragraph (a) to read as follows:


Sec. 16.260  Records.

    (a) Employers must maintain records of chemical tests as provided 
in 49 CFR 40.333 and must make these records available to Coast Guard 
officials upon request.
* * * * *


Sec. 16.301  [Redesignated as Sec. 16.113]

    17. Redesignate Sec. 16.301 as Sec. 16.113 and transfer it to 
subpart A.


Sec. 16.310  [Removed]

    18. Remove Sec. 16.310.


Sec. 16.320  [Removed]

    19. Remove Sec. 16.320.


Sec. 16.330  [Removed]

    20. Remove Sec. 16.330.


Sec. 16.340  [Removed]

    21. Remove Sec. 16.340.
    22. In newly redesignated Sec. 16.113, revise the section heading, 
designate the existing text as paragraph (a), and add paragraph (b) to 
read as follows:


Sec. 16.113  Chemical drug testing.

* * * * *
    (b) Each specimen collected in accordance with this part will be 
tested, as provided in 49 CFR 40.85, for the following:
    (1) Marijuana;
    (2) Cocaine;
    (3) Opiates;
    (4) Phencyclidine (PCP); and
    (5) Amphetamines.


Sec. 16.350  [Removed]

    23. Remove Sec. 16.350.


Sec. 16.360  [Removed]

    24. Remove Sec. 16.360.
    25. Redesignate Sec. 16.370(d) as Sec. 16.201(g) and revise it to 
read as follows:


Sec. 16.201  Application.

* * * * *
    (g) Before an individual who has failed a required chemical test 
for dangerous drugs may return to work aboard a vessel, the MRO must 
determine that the individual is drug-free and the risk of subsequent 
use of dangerous drugs by that person is sufficiently low to justify 
his or her return to work. In addition, the individual must agree to be 
subject to increased unannounced testing--
    (1) For a minimum of six (6) tests in the first year after the 
individual returns to work as required in 49 CFR part 40; and
    (2) For any additional period as determined by the MRO up to a 
total of 60 months.


Sec. 16.370  [Removed]

    26. Remove Sec. 16.370.


Sec. 16.380  [Removed]

    27. Remove Sec. 16.380.
    28. Remove and reserve subpart C.

    Dated: November 22, 2000.
Joseph J. Angelo,
Director of Standards, Acting Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-9411 Filed 4-27-01; 8:45 am]
BILLING CODE 4910-15-U