46 C.F.R. § 16.220

Periodic testing requirements

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(a) Except as provided by paragraph (c) of this section and § 10.227(g) of this subchapter, an applicant must pass a chemical test for dangerous drugs for—

(1) An original issuance of a Merchant Mariner Credential (MMC);

(2) The first issuance, raise of grade, or renewal of an officer endorsement on an MMC;

(3) A raise of grade of an MMC;

(4) The first endorsement as an Able Seafarer, Lifeboat Operator, Qualified Member of the Engine Department (QMED), or a tank vessel endorsement; or

(5) A reissuance of a credential with a new expiration date. Results of the test must be provided to the Coast Guard in a manner prescribed by the Coast Guard. The test results must be completed and dated not more than 185 days before 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, and provide the results to the Coast Guard. Applicants need not submit additional copies of their annual chemical test for dangerous drugs pursuant to paragraph (a) of this section if the applicant submitted passing results of a chemical test for dangerous drugs to the Coast Guard within 12 months of the date of application.

(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 they provide satisfactory evidence that they have—

(1) Passed a chemical test for dangerous drugs required by this part within the previous 6 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 § 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.

[CGD 91-223, 60 FR 4525, Jan. 23, 1995, as amended by USCG-2006-24371, 74 FR 11264, Mar. 16, 2009; USCG-2018-0874, 84 FR 30883, June 28, 2019; USCG-2021-0834, 89 FR 102340, Dec. 17, 2024]

Notes of Decisions

Cited in 2 cases, 1989–1996 · leading case: Transp. Inst. v. United States Coast Guard, 727 F. Supp. 648 (D.D.C. 1989).

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Transp. Inst. v. United States Coast Guard, 727 F. Supp. 648 (D.D.C. 1989). · cites it 2× “at 47,080-81 (to be codified as 46 C.F.R. § 16.220 ). This drug testing requirement applies to all individuals, except those who can establish either that they have had such a test within the past six months or have been subject to random drug testing during the past twelve…”

Seafarers Int'l Union of North Am., Appellants/cross-Appellees v. United States Coast Guard, Appellees/cross-Appellants, 81 F.3d 179 (D.C. Cir. 1996). “§§ 7101®, 7302(e); 46 C.F.R. § 16.220 . The record check is also similar to the agency’s examination of an applicant’s knowledge: both inquiries are authorized by Congress and are designed to ensure that the applicant is qualified.”

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