[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
