Page:United States Statutes at Large Volume 104 Part 1.djvu/545

 PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 511 described in section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982. "(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.". (2) DEFINITION OF DANGEROUS DRUG. — (A) Section 2101 of title 46, United States Code, is amended by inserting after paragraph (8) the following new paragraph: "(8a) '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)).". (B) Sections 7503(a) and 7704(a) of title 46, United States Code, are repealed. (b) BASES FOR SUSPENSION OR REVOCATION. —Section 7703 of title 46, United States Code, is amended to read as follows: "§ 7703. Bases for suspension or revocation "A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder— "(1) when acting under the authority of that license, certificate, or document— "(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or "(B) has committed an act of incompetence, misconduct, or negligence; "(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document; or "(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note).". (c) TERMINATION OF REVOCATION. — Section 7701(c) of title 46, United States Code, is amended to read as follows: "(c) When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner's document only after— "(1) the Secretary decides, under regulations prescribed by Regulations. the Secretary, that the issuance is compatible with the requirement of good discipline and safety at sea; and "(2) the former holder provides satisfactory proof that the bases for revocation are no longer valid.". SEC. 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE. Section 8101 of title 46, United States Code, is amended by adding at the end the following: "(i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, 39-194O-91-18:QL3Part1

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