Proposed Rule2021-17806
Pilots' Medical Certificate Validity Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 27, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to extend the maximum period of validity of merchant mariner medical certificates issued to first-class pilots and masters or mates serving as pilot from 2 years to 5 years. This proposed rule would reduce the frequency of medical certification application submissions to the Coast Guard. First-class pilots and masters and mates who serve as pilot on vessels of 1,600 gross registered tons or more would be required to submit the results of their annual physical examinations to the Coast Guard between medical certificate applications if: The mariner does not meet the physical ability requirements; the mariner has a condition that does not meet the medical, vision, or hearing requirements; the mariner is deemed "not recommended" by a medical practitioner for a medical certificate; or upon request by the Coast Guard. The proposed rule will not compromise safety because it maintains the requirement for pilots to obtain annual physicals and because it provides the Coast Guard opportunity to review the medical examination of pilots who may become medically unqualified between medical certificate applications.
Full Text
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<title>Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)</title>
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Proposed Rules]
[Pages 48090-48113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17806]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 10, 11, and 15
[Docket No. USCG-2020-0069]
RIN 1625-AC63
Pilots' Medical Certificate Validity Period
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to extend the maximum period of
validity of merchant mariner medical certificates issued to first-class
pilots and masters or mates serving as pilot from 2 years to 5 years.
This proposed rule would reduce the frequency of medical certification
application submissions to the Coast Guard. First-class pilots and
masters and mates who serve as pilot on vessels of 1,600 gross
registered tons or more would be required to submit the results of
their annual physical examinations to the Coast Guard between medical
certificate applications if: The mariner does not meet the physical
ability requirements; the mariner has a condition that does not meet
the medical, vision, or hearing requirements; the mariner is deemed
``not recommended'' by a medical practitioner for a medical
certificate; or upon request by the Coast Guard. The proposed rule will
not compromise safety because it maintains the requirement for pilots
to obtain annual physicals and because it provides the Coast Guard
opportunity to review the medical examination of pilots who may become
medically unqualified between medical certificate applications.
DATES: Comments and related material must be received by the Coast
Guard on or before October 26, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0069 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
Collection of information. Submit comments on the collection of
information discussed in section VI.D of this preamble both to the
Coast Guard's online docket and to the Office of Information and
Regulatory (OIRA) in the White House Office of Management and Budget
(OMB) using their website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Comments
sent to OIRA on the collection of information must reach OMB on or
before the comment due date listed on their website.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Eric Malzkuhn, Coast Guard; telephone 202-372-1425, email
<a href="/cdn-cgi/l/email-protection#51342338327f377f3c303d2b3a24393f11242232367f3c383d"><span class="__cf_email__" data-cfemail="8feafde6eca1e9a1e2eee3f5e4fae7e1cffafcece8a1e2e6e3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
A. 46 CFR 10.301: Pilot Medical Certificate Period of Validity
B. 46 CFR 11.709: Annual Physical Examination Requirements for
Pilots of Vessels of 1,600 GRT or More
C. 46 CFR 15.401: Employment and Service Restrictions Within the
Pilot Credential
D. 46 CFR 15.812, Table 1 to Sec. 15.812(e)(1): Masters or
Mates Serving as Pilot on Vessels of 1,600 GRT or More
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
[[Page 48091]]
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2020-0069 in the
search box, and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting but we will
consider doing so if we determine from public comments that a meeting
would be helpful. We would issue a separate Federal Register notice to
announce the date, time, and location of such a meeting.
II. Abbreviations
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOT Department of Transportation
DUI Driving under the influence
DWI Driving while intoxicated
FCP First-class pilot
FR Federal Register
GRT Gross registered tons
GS General service
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and Documentation
MMD Merchant Mariner's Document
NMC National Maritime Center
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
REC Regional Examination Center
Sec. Section
STCW Standards of Training, Certification, and Watchkeeping for
Seafarers, 1978, as amended
STCW Convention International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers
SME Subject matter expert
U.S.C. United States Code
USPS United States Postal Service
III. Basis and Purpose
The purpose of this proposed rule is to extend the maximum period
of validity of merchant mariner medical certificates issued to first-
class pilots (FCPs) and masters or mates serving as pilot to 5 years,
which would reduce the frequency that they must submit a medical
certificate application to the Coast Guard. Reducing the frequency of
medical certificate applications would reduce the administrative burden
on the mariner submitting the application and on the Coast Guard when
processing the application and issuing the medical certificate. This
proposed rule would also amend the submission requirements for the
results of the statutorily required annual physical examination for
pilots serving on vessels greater than 1,600 gross register tons (GRT).
The legal basis of this proposed rule is Title 46 of the United
States Code (U.S.C.), Section 7101(c), which authorizes the Coast Guard
to issue licenses to pilots who are found qualified as to physical
fitness and Section 7101(c)'s other qualifications. Title 46 U.S.C.
7101(e)(2) further specifies that an individual may only be issued a
license as pilot if they are found to be of sound health and have no
physical limitations that would hinder or prevent them in the
performance of a pilot's duties. Section 7101(e)(3) also requires each
pilot serving on vessels 1,600 GRT or greater to have a thorough
physical examination each year while holding the license. The Secretary
of the Department of Homeland Security (DHS) has delegated these
statutory authorities to the Coast Guard through DHS Delegation No.
00170.1(92)(e), Revision No. 01.2, which generally authorizes the Coast
Guard to determine and establish the experience and professional
qualifications required for the issuance of credentials. Additionally,
14 U.S.C. 102(3) grants the Coast Guard broad authority to promulgate
and enforce regulations for the promotion of safety of life and
property on waters subject to the jurisdiction of the United States.
IV. Background
The Coast Guard issues Merchant Mariner Credentials (MMCs) and
medical certificates to qualified mariners who meet the requirements in
title 46 of the Code of Federal Regulations (CFR), subchapter B, parts
10 through 13. The requirements for medical certification are described
in 46 CFR part 10, subpart C. Currently, as described in Sec. 10.301,
the medical certificate will be issued for various periods of time
based upon the endorsements the mariner holds. For mariners employed or
engaged on vessels to which the International Convention on Standards
of Training, Certification and Watchkeeping for Seafarers (STCW
Convention) applies, the maximum validity period is 2 years. For
mariners serving as FCP, or masters or mates serving as pilot under 46
CFR 15.812, the maximum validity period is 2 years. For all other
mariners serving on national MMC endorsements, the maximum validity
period of the medical certificate is 5 years. Mariners may not be
employed in a position requiring an MMC unless they hold a valid
medical certificate as described in Sec. 15.401(c).
Under the current requirements, FCPs and masters or mates who are
serving as pilot on vessels of any tonnage must submit the results of a
physical examination recorded on form CG-719K, the ``Application for
Medical Certificate,'' to the Coast Guard every 2 years in order to
maintain a valid medical certificate.
In accordance with Sec. 11.709, FCPs and masters or mates serving
as pilot on vessels of 1,600 GRT or more are required to have an annual
physical examination that meets the medical and physical requirements
described in part 10 subpart C. This annual physical examination
requirement for pilots serving on vessels of 1,600 GRT or more has been
in place since the enactment of the Port and Tanker Safety Act of 1978
(Pub. L. 95-474) and is codified in 46 U.S.C. 7101(e)(3). The Port and
Tanker Safety Act was implemented as
[[Page 48092]]
a result of safety concerns related to increased port congestion and
vessel traffic, increasing vessel size, and the unique physical and
cognitive demands placed upon pilots in performing their duties.
In 1985, the Coast Guard amended its regulations to require FCPs
and masters or mates serving as pilot on vessels greater than 1,600 GRT
to undergo annual physical examinations and to provide copies of their
most recent physical examination to the Coast Guard upon request (see
Volume 50 of the Federal Register (FR) at page 26106). In 2006, the
Coast Guard published a notice exercising its authority to require all
FCPs on vessels of 1,600 GRT or more, and other individuals serving as
pilot on vessels of 1,600 GRT or more, to submit their physical
examination results annually (see 71 FR 56999, Sept. 28, 2006). In
2009, the regulations were amended to include the annual physical
examination submission requirement described in the 2006 public notice
(see 74 FR 11196, March 16, 2009).
In 2014, the Coast Guard implemented a final rule titled,
``Implementation of the Amendments to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978, (STCW Convention) and Changes to National Endorsements'' (see 78
FR 77796, December 24, 2013), which established the current 2-year
maximum period of validity of mariner medical certificates for FCPs.
That rule reinforced the requirement in 46 CFR 11.709 that pilots
serving on vessels of 1,600 GRT or more must undergo annual physical
examination, but it changed the submission requirement of the annual
physical exam to every other year to coincide with the expiration of
the medical certificate.
In July 2017, the Coast Guard tasked the Merchant Mariner Personnel
Advisory Committee, the Merchant Mariner Medical Advisory Committee,
and the Great Lakes Pilotage Advisory Committee with identifying
regulations, guidance, or information collections that that are
outdated, ineffective, or exceed benefits and impose administrative
burdens or costs on the maritime industry (see 82 FR 32511, 82 FR
32513, 82 FR 34909).
These three advisory committees noted that they received comments
regarding the maximum period of validity of medical certificates for
FCPs and those serving as pilot on vessels of 1,600 GRT or more.
Specifically, these comments indicated that pilots are limited to a 2-
year maximum period of validity of their medical certificate when the
validity period is 5 years for all other national endorsements. The
advisory committees concluded that the 2-year maximum period of
validity of the medical certificate for FCPs posed a burden on mariners
and suggested the Coast Guard extend the period of validity to 5 years.
Additionally, in July 2018, the Coast Guard received a petition for
rulemaking from the American Pilots' Association requesting that we
change the maximum period of validity of the medical certificate from 2
years to 5 years for FCPs and those authorized to serve as pilot. The
petition for rulemaking and our response are available in the docket
where indicated under the ADDRESSES portion of the preamble.
V. Discussion of Proposed Rule
This proposed rule would increase the current 2-year maximum period
of validity of the medical certificate for FCPs and masters or mates
serving as pilot to 5 years. Mariners serving as pilot would be
required to submit the results of a physical examination, recorded on
form CG-719K, the ``Application for Medical Certificate,'' every 5
years to the Coast Guard. The following provides a section-by-section
discussion of the proposed changes.
A. 46 CFR 10.301: Pilot Medical Certificate Period of Validity
The Coast Guard proposes to amend 46 CFR 10.301, which contains the
general requirements for the issuance of medical certificates to
mariners meeting the medical and physical standards. We propose to
extend the 2-year maximum period of validity of the medical certificate
for FCPs and those serving as pilot by deleting current Sec.
10.301(b)(2), which contains the 2-year maximum provision. This notice
of proposed rulemaking (NPRM) also proposes to move current Sec.
10.301(b)(4), without change, into its own paragraph. We would
redesignate it as Sec. 10.301(c) and redesignate current Sec.
10.301(c) as Sec. 10.301(d).
The standard maximum periods of validity for medical certificates
in Sec. 10.301(b)(1) for all persons employed or engaged onboard
vessels to which the STCW Convention applies will remain the same. With
this proposed rule, the standard maximum periods of validity for
medical certificates in Sec. 10.301(b) for all other mariners will be
5 years (including FCPs and mariners serving as pilot). As a result,
like all other mariners holding national endorsements, FCPs and masters
or mates serving as pilot would generally only have to submit a medical
certificate application to the Coast Guard every 5 years. This proposed
change would reduce the administrative burden on the pilots and the
Coast Guard.
The time required for the medical certificate application and
evaluation can be lengthy if the Coast Guard requests amplifying
information to support the results of the physical examination. There
may be correspondence between the mariner, the Coast Guard, and the
mariner's medical practitioner that results in additional time for a
medical certificate application to be approved. It is possible that the
extra time required for the Coast Guard to complete the evaluation of
the medical certificate application can result in a lapse in validity
of an FCP endorsement or the ability of a master or mate to serve as
pilot. The proposed change may allow more time for the Coast Guard to
evaluate applications without jeopardizing the pilot's ability to serve
under the authority of their endorsement.
This proposed rule would not change the regulations on medical
waivers, limitations, and restrictions in Sec. 10.303 for not meeting
the medical and physical requirements of Sec. 10.302. If the medical
or physical standards are not met, the Coast Guard may grant waivers
with conditions, such as operational limitations or restrictions on the
medical certificate. Certain conditions, such as a need for more
frequent monitoring of the mariner's medical condition, may result in
the issuance of a time-limited medical certificate that would be valid
for a shorter period than the maximum. Pilots holding a medical
certificate with a 2-year validity period would be issued a 5-year
maximum period of validity at their next medical certificate issuance,
unless the certificate is time-limited due to a medical condition.
The Coast Guard is proposing that the 5-year medical certificate
period of validity would apply to all pilots, regardless of the tonnage
of the vessel they are serving on. The Coast Guard believes that this
increase in the validity period would not result in a risk that
compromises maritime safety, given that the proposed rule does not
relax the annual examination requirement for FCPs or masters and mates
serving as pilot. Instead, it is expected that the rule will support
greater transparency regarding a pilot's medical fitness because it
includes a new requirement that pilots must submit the results of their
annual examination to the Coast Guard for review if the medical
practitioner determines that they no longer meet the medical and
physical standards of 46 CFR, part 10, subpart C.
Mariners who serve as pilot on vessels of less than 1,600 GRT are
currently
[[Page 48093]]
issued 2-year medical certificates and are required to submit the
physical examination results with their application for a new medical
certificate every 2 years. These mariners include pilots on less than
1,600 GRT and masters or mates who serve as pilots on vessels of less
than 1,600 GRT. These mariners who serve exclusively as pilot on
vessels of less than 1,600 GRT are not subject to the annual physical
examination requirement in Sec. 11.709 and would not be subject to the
new submission requirements in Sec. 11.709 of this proposed rule.
Under this proposed rule, pilots, masters, and mates who serve as pilot
on only vessels less than 1,600 GRT would be issued 5-year medical
certificates and would submit the results of a physical exam to the
Coast Guard every 5 years when applying for a new medical certificate.
Even without an annual physical exam requirement, we believe
allowing these mariners to have 5-year medical certificates like all
other national endorsements does not pose a large risk to maritime
safety by allowing them to pilot a vessel for the 5-year period. When
masters or mates serve as pilot on vessels less than 1,600 GRT, it is
typically a small fraction of their duties. Prior to the
``Implementation of the Amendments to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978, and Changes to National Endorsements'' final rule (78 FR 77796,
Dec. 24, 2013), which took effect on March 24, 2014, this same group of
mariners serving as pilot on vessels less than 1,600 GRT were issued 5-
year medical certificates. Masters and mates serving as pilots on
vessels less than 1,600 GRT were not required to take an annual
physical exam either before or after the rule mentioned above. The
Coast Guard does not have data to determine whether there was a change
in the number of marine incidents caused by medical issues in this
group of pilots when their medical certificates were issued with 5-year
validity periods.
B. 46 CFR 11.709: Annual Physical Examination Requirements for Pilots
of Vessels of 1,600 GRT or More
Section 11.709 contains the requirements for pilots of vessels
1,600 GRT or more to undergo an annual physical examination. This
section specifies when the annual physical examinations must be
conducted, how the examination results are recorded, and how often the
examination results are reported to the Coast Guard.
To ensure consistency with 46 U.S.C. 7101(e)(3), we propose to
clarify the applicability of this section by including masters or mates
serving as pilot on vessels of 1,600 GRT or more, under Sec. 15.812,
in the introductory text of Sec. 11.709(b). Adding these mariners to
Sec. 11.709(b) would provide additional clarity on the applicability
of the annual physical examination requirements.
Paragraph (b) of this section currently states that the examination
results are to be reported to the Coast Guard every other year to
coincide with the current 2-year maximum period of validity of medical
certificates. Because this proposed rule would extend the pilot's
medical certificate to a 5-year maximum period of validity, we also
propose to remove the every-other-year form CG-719K submission
requirement for pilots. This proposed rule would revise the section to
state that the physical examination results must be submitted on form
CG-719K to the Coast Guard every 5 years, in accordance with the
medical certificate application requirements in Sec. Sec. 10.301 and
10.304. In practice, pilots who meet the medical and physical standards
in 46 CFR part 10 would generally be required to report the results of
the annual examination to the Coast Guard only when applying for a
medical certificate, every 5 years.
The Coast Guard recognizes that when medical certificates remain
valid for 5 years, as opposed to 2 years, there is a higher risk that
someone could have a valid medical certificate for a significant time
period after developing a disqualifying medical condition. In order to
reduce the risk created by extending the validity period of the medical
certificate, this proposed rule would require FCPs and masters or mates
who serve as pilot on vessels that are 1,600 GRT or more to submit
their annual physical examination results to the Coast Guard if any of
the following circumstances occur: (1) The examining medical
practitioner documents that the individual does not meet the physical
ability requirements described in Sec. 10.304(c); (2) the examining
medical practitioner documents that the individual has a condition that
does not meet the general medical exam requirements described in Sec.
10.304(a), the vision requirements described in Sec. 10.305, or the
hearing requirements described in Sec. 10.306; (3) the examining
medical practitioner documents that the individual is not recommended
for a medical certificate or needs further review by the Coast Guard;
or (4) the Coast Guard requests the results.
We propose requiring self-submission of the medical examination to
the Coast Guard when these pilots do not meet the requirements for
physical abilities, general medical examination, vision or hearing, or
are not recommended for a medical certificate, so that the Coast Guard
can further review the results of the medical exam. As part of the
review, the Coast Guard may request additional information in the
interest of mariner safety and full performance of the pilot's duties.
Service on vessels may be arduous and impose unique physical and
medical demands on pilots. The submission requirements would support
our statutory responsibility under 46 U.S.C. 7101 to ensure that pilots
are physically and medically fit to pilot a vessel. The public safety
risks associated with the medical and physical condition of pilots on
vessels are important considerations for the safe operation of vessels
and the safety and well-being of the crew. As stated in Sec.
11.709(b), the pilot's annual physical examination would continue to be
recorded on form CG-719K, which documents physical ability, medical
conditions, and hearing and vision requirements. Form CG-719K also
documents whether a mariner is ``not recommended,'' which could prompt
a submission under the proposed requirements in Sec. 11.709(b)(1)-(3).
The annual physical examination documentation and scope are unchanged
and would remain the same under this proposed rule.
Moreover, we propose to clarify that the Coast Guard can request
the results of the physical examination as part of marine casualty
investigations, where more frequent monitoring of a medical condition
is specified in a waiver, and in other cases that prompt further
review.
As stated in Sec. 11.701(d), the Coast Guard only issues FCP
endorsements for tonnages of 1,600 GRT or more. Therefore, all FCPs
serving under the authority of their FCP endorsement would continue to
be required to undergo the statutorily required annual physical
examinations and would be subject to the proposed submission
requirements in Sec. 11.709. However, as noted previously, masters and
mates serving as pilot on vessels less than 1,600 GRT would not be
subject to the physical examination and proposed submission
requirements in Sec. 11.709. The Coast Guard does not have data to
determine whether there was a change in the number of marine incidents
caused by medical issues in masters or mates serving as pilot on
vessels less than 1,600 GRT when the medical certificates were issued
with 5-year validity periods.
In Sec. 11.709, we also propose to move the text specifying that
each annual physical examination must meet the
[[Page 48094]]
requirements in 46 CFR, part 10, subpart C, and be recorded on form CG-
719K, from existing paragraph (c) into paragraph (b). We are proposing
to move this requirement into paragraph (b) so that all the information
on the annual physical examination requirements are in the same
paragraph.
In conjunction with moving paragraph (c) into paragraph (b), this
proposed rule would redesignate current Sec. 11.709(d) as Sec.
11.709(c), without change.
This proposed rule would add a new paragraph 11.709(d) to clarify
that masters or mates serving as pilot on vessels of 1,600 GRT or more
under Sec. 15.812 may not serve on these vessels if they do not meet
the annual physical examination and submission requirements specified
in Sec. 11.709(b). This new paragraph (d) would not change any of the
current requirements or consequences for masters or mates serving as
pilot on vessels of 1,600 GRT or more but, rather, would reiterate the
annual physical examination requirements for masters or mates serving
as pilot already required in Sec. 15.812. Masters or mates serving as
pilot on vessels of 1,600 GRT or more who fail to meet the physical
examination requirements in Sec. 11.709 may still operate under the
authority of their master or mate endorsement, but would not be
authorized to pilot a vessel of 1,600 GRT or more.
C. 46 CFR 15.401: Employment and Service Restrictions Within the Pilot
Credential
This proposed rule also aligns the employment requirements in Sec.
15.401 with the proposed 5-year maximum period of validity of medical
certificates for FCPs or masters or mates serving as pilot so that it
reflects the proposed change made in Sec. 10.301(b). Section 15.401(c)
states that a person may not employ an individual if that individual
does not hold a valid medical certificate. This section currently lists
the maximum validity period of the medical certificate as 2 years for
FCPs and masters or mates serving as a pilot. This proposed rule would
amend this section to say that all mariners (including pilots), where
the STCW Convention does not apply, will be issued a 5-year medical
certificate unless otherwise noted on the certificate.
Additionally, throughout Sec. 15.401, this proposed rule would
remove obsolete terminology referring to licenses, certificates of
registry, and Merchant Mariner's Documents (MMDs). The Coast Guard
ceased issuing licenses, certificates of registry, and MMDs in 2009
when we transitioned to the streamlined MMC with the Consolidation of
Merchant Mariner Qualification Credentials final rule (see 74 FR 11195,
March 16, 2009). All mariners now hold an MMC.
We also propose revising Sec. 15.401(c)(1) by removing the
outdated grandfathering clause, ``[a]fter January 1, 2017'', because
the referenced date has passed and the section is now applicable to all
medical certificates issued to individuals serving on vessels where the
STCW Convention applies.
D. 46 CFR 15.812, Table 1 to Sec. 15.812(e)(1): Masters or Mates
Serving as Pilot on Vessels of 1,600 GRT or More
This proposed rule includes a correction to Table 1 to Sec.
15.812(e)(1). Currently, Sec. 15.812(b)(2) states the requirements for
masters or mates to serve as pilot on vessels of not more than 1,600
GRT. There is no requirement in paragraph (b)(2) for these masters and
mates serving on vessels less than 1,600 GRT to undergo an annual
physical examination. This is consistent with Sec. 11.709(a), which
stipulates that the annual physical examination requirement only
applies to individuals who pilot a vessel of 1,600 GRT or more.
However, in Table 1 to Sec. 15.812(e)(1), ``Quick Reference Table for
Federal Pilotage Requirements for U.S.-Inspected, Self-Propelled
Vessels, Not Sailing on Register,'' the requirement for a master or
mate serving as pilot on vessels not more than 1,600 GRT to have an
annual physical exam was added in error. This error was incorporated
into the table with the implementation of the final rule,
``Implementation of the Amendments to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978, and Changes to National Endorsements'' (78 FR 77796, Dec. 24,
2013), which took effect on March 24, 2014. We propose to remove the
erroneous annual physical exam requirement in Table 1, under the third
column, ``Non-designated areas of pilotage waters (between the 3-mile
limit and start of traditional pilotage routes).'' This proposed
removal of text would align the table with the corresponding regulatory
text in section Sec. 15.812(b)(2), as well as the applicability of the
annual physical examination requirements in Sec. 11.709(a). This
correction to the table would not change the requirements for these
mariners, because the Coast Guard has not required masters or mates
serving as a pilot on vessels with less than 1,600 GRT to complete an
annual physical examination.
VI. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes or Executive orders follows.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, reducing costs, harmonizing rules, and promoting
flexibility.
The Office of Management and Budget (OMB) has not designated this
proposed rule a significant regulatory action under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. A
regulatory analysis follows.
Summary of Affected Population, Costs Savings, and Benefits
This proposed rule would extend the maximum period of validity of
merchant mariner medical certificates issued to FCPs and masters or
mates serving as pilot from 2 years to 5 years. This proposed rule
would reduce the frequency of medical certification application
submissions to the Coast Guard. First-class pilots and masters and
mates who serve as pilot on vessels of 1,600 GRT or more would be
required to submit the results of their annual physical examinations to
the Coast Guard between medical certificate applications if: (1) The
mariner does not meet the physical ability requirements; (2) the
mariner has a condition that does not meet the medical, vision, or
hearing requirements; (3) the mariner is deemed ``not recommended'' by
a medical practitioner for a medical certificate; or (4) upon request
by the Coast Guard.
[[Page 48095]]
Table 1--Summary of the Affected Population, Cost Savings, and Benefits
for This Proposed Rule
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability.......................... Amend 46 CFR 10.301 and 15.401
to extend the maximum period
of validity of merchant
mariner medical certificates
issued to FCPs, and masters or
mates serving as pilot, from 2
years to 5 years.
Amend 46 CFR 11.709 by
modifying the medical
certificate application
submission requirement for
FCPs from 2 years to 5 years,
as well as masters and mates
who serve as pilot on vessels
of 1,600 GRT or more.
Affected Population.................... There are currently 3,897
mariners who hold MMC
endorsements as FCP as of June
1 each year from 2010 to 2020.
This number does not include
masters or mates who could
serve as pilot.
The affected population for
this proposed rule is 95
percent of that population, or
3,702 mariners (net affected
population).
Benefits............................... Fewer medical certificate
applications would reduce
NMC's workload and generate
cost savings to the government
and to mariners.
There could be unquantified
benefits for some pilots due
to a decrease in the
likelihood of a lapse in
medical certification from
less frequent medical
certificate application
submissions. A lapse in
medical certification can have
significant costs for
individual pilots and for
employers, because pilots may
not work under the authority
of their credential without a
valid medical certificate.
Cost savings (in $2020, 7% discount Industry cost savings: $20,098
rate) *. annualized and $146,847 over a
10-year period of analysis.
Government cost savings:
$15,756 annualized and
$110,664 over a 10-year period
of analysis.
Total cost savings to industry
and government: $36,664
annualized and $257,511 over a
10-year period of analysis.
------------------------------------------------------------------------
* Totals may not sum due to rounding.
Affected Population
The Merchant Mariner Licensing and Documentation (MMLD) database is
used by the Coast Guard's National Maritime Center (NMC) to issue MMCs
and maintain records of U.S. merchant mariners. Based on data obtained
from the MMLD, we determined that a total of 3,897 mariners hold MMC
endorsements as FCP. This proposed rule would not impact FCPs holding
medical certificates issued with waivers requiring more frequent
reporting of medical examination results to the Coast Guard. Based on
MMLD data, this group currently consists of 195 mariners, which is 5
percent of the total affected population of 3,897 mariners. We reduced
the total population (3,897 mariners) by this number (195) to obtain a
net affected population of 3,702 mariners who would be impacted by this
proposed rule.
Additionally, we determined that there are 89,713 (74,827 + 14,886)
mariners who hold an MMC endorsement as master or mate, without holding
an FCP endorsement, who could serve as pilot. Because there is no
requirement to report when a master or mate serves as pilot, we are
unable to determine how many masters or mates are serving as pilot;
therefore, we limited the affected population in this analysis to
mariners holding FCP endorsements and holding medical certificates
without time-limited medical waivers. Table 2 presents these
populations.
Table 2--Summary of Population by Endorsement
------------------------------------------------------------------------
Number of
Population mariners
------------------------------------------------------------------------
Total number of mariners holding an MMC endorsement as 3,897
FCP and holding a medical certificate with or without
time-limited medical waivers (total potentially
affected FCP population)...............................
Those mariners holding an MMC endorsement as FCP and 195
holding a medical certificate with time-limited medical
waivers (unaffected FCP population due to waiver status
resulting in no change in the period of validity of the
medical certificate)...................................
Those mariners holding an MMC endorsement as FCP and 3,702
holding a medical certificate without time-limited
medical waivers (affected FCP population due to change
in the period of validity of the medical certificate)..
------------------------------------------------------------------------
Costs and Cost Savings
The proposed rule would reduce the frequency of mariner medical
certificate applications to the Coast Guard, resulting in a cost
savings to both mariners and the government. Industry cost savings
would be the costs avoided by reducing the frequency with which FCPs
and masters or mates serving as pilot would have to apply for a medical
certificate. Subsequently, fewer applications would reduce the NMC's
workload, generating cost savings for the government. The total 10-year
discounted cost savings of this proposed rule would be $257,511 and the
annualized total cost savings would be approximately $36,664, both
discounted at 7 percent. This includes the 10-year industry and
government savings of $146,847 and $110,664 respectively, discounted at
7 percent.
Turnover Rate
We did not factor mariner turnover into this analysis. ``Mariner
turnover'' means the number or percentage of mariners leaving
employment within a certain period of time, combined with the number or
percentage of mariners obtaining employment within the same period of
time. There are two reasons for not factoring in mariner turnover.
First, the MMC serves as a certificate of
[[Page 48096]]
mariner identity, service, and qualification. In order to serve under
the authority of an endorsement on an MMC, a mariner must be physically
and medically qualified for that endorsement, as evidenced by holding a
valid medical certificate. Medical certification is not an endorsement
of qualification on an MMC, but, instead, is a separate document
certifying medical and physical fitness to serve in the capacity of an
endorsement listed on the MMC.
The second reason mariner turnover is not factored into this
analysis is because the FCP endorsement represents a maritime
qualification that can lead to permanent employment with a pilot
association. This career path is highly competitive, due to the
rigorous, time-consuming, and highly specialized training required. As
presented in table 3, data from MMLD indicates that the number of
mariners holding an FCP endorsement has declined at an annual average
rate of 0.48 percent in the last 11 years. We did not include mariner
turnover because the Coast Guard believes it would have had a
negligible effect in assessing the costs or cost savings for this
regulatory analysis. The Coast Guard requests public comment on mariner
turnover and, in particular, the number or percentage of retirements by
mariners regulated by this proposed rule. Depending on data received by
public comment, we may reconsider our approach to considering mariner
turnover for the final rule.
Industry Cost Savings
The proposed rule would amend current requirements so the results
of the annual physical examinations for pilots serving on vessels of
1,600 GRT or more would be submitted to the Coast Guard on form CG-719K
(medical certificate application) every 5 years instead of every 2
years, unless one of the four conditions noted previously, and listed
in Sec. 11.709(b), is applicable.\1\ Although mariners would still be
required to complete an annual physical examination, the cost savings
to industry would include the time savings of the affected population
not having to submit an application for a merchant mariner medical
certificate every 2 years, either by mail or in person, after the
second year of the implementation of this proposed rule.
---------------------------------------------------------------------------
\1\ Pilots must still undergo annual physical examinations.
However, those pilots who are not required to submit the results to
the Coast Guard during the 5 years would simply maintain personal
copies.
---------------------------------------------------------------------------
Mariners may submit medical certificate applications either
directly to the NMC via email or to a Regional Examination Center (REC)
via email, fax, or mail. Additionally, applications may be submitted in
person if submitted to a REC. Cost savings to industry would include
the time saved by mariners by faxing, emailing, mailing, or delivering
in-person the form CG-719K to the Coast Guard on a less frequent basis.
According to data obtained from MMLD, 95 percent of medical
certificates issued to FCPs, or 3,702 (0.95 x 3,897), are renewed every
2 years. The remaining 5 percent are renewed annually, for those pilots
with time-limited certificates due to medical waivers. Since the
merchant mariner medical certificate for FCPs and masters or mates
serving as pilot is only valid for 2 years under current regulations,
half the total number of FCPs and masters or mates serving as pilot are
currently applying for a new medical certificate each year.
Current data from MMLD indicates that 195 mariners from the
affected population would not benefit directly under this proposed
rule. This is the number of FCPs and masters or mates serving as pilot
who have been issued medical certificates with a waiver, which require
more frequent reporting of the results of their annual physical
examinations to the Coast Guard. These mariners would still be required
to submit the form CG-719K to the Coast Guard on an annual basis.
Growth Rate of Affected Population
We analyzed the number of endorsed FCPs who would experience a
reduction in burden from only needing to submit their medical
certificate applications once every 5 years, after the second year of
the implementation of this proposed rule, as opposed to once every 2
years under current regulations. We then analyzed the number of
endorsed FCPs to estimate a population growth rate for mariners with
MMCs who would become newly endorsed as FCPs. Using 11 years of data
from MMLD, from 2010 to 2020,\2\ which is presented in table 3, we
found that the number of endorsed FCPs is declining at an average rate
of 0.48 percent per year. The highest number of endorsed FCPs was
observed in 2017, while the lowest number of endorsed FCPs was observed
in 2020.
---------------------------------------------------------------------------
\2\ Data for each year are complete because the data are
captured and recorded each July.
---------------------------------------------------------------------------
We used this estimated annual average decline of 0.48 percent as a
constant when forecasting the endorsed FCP population for the next 10
years. This constant rate represents the average decline experienced by
FCPs throughout a 10-year period of analysis. We applied this 0.48
percent rate of decline to both the affected population in current
regulations (the baseline) and the affected population in this proposed
rule to determine the number of medical certificate application
submissions in a given year. Table 3 presents the MMLD data used to
determine the estimated annual rate of decline for the endorsed FCP
population.
Table 3--Summary of Endorsed FCPs
----------------------------------------------------------------------------------------------------------------
Growth rate (%) (b) t = [(at-
Year Endorsed FCPs at-1)/at-1] x 100
(a)
----------------------------------------------------------------------------------------------------------------
2010.............................................................. 4,259 ............................
2011.............................................................. 4,292 0.77
2012.............................................................. 4,262 -0.70
2013.............................................................. 4,237 -0.59
2014.............................................................. 4,200 -0.87
2015.............................................................. 4,171 -0.69
2016.............................................................. 4,219 1.15
2017.............................................................. 4,297 1.85
2018.............................................................. 4,263 -0.79
2019.............................................................. 4,217 -1.08
2020.............................................................. 4,055 -3.84
---------------------------------------------
Avg............................................................... 4,225 -0.48
Max............................................................... 4,297 ............................
[[Page 48097]]
Min............................................................... 4,055 ............................
----------------------------------------------------------------------------------------------------------------
Current Baseline
Table 4 illustrates the following discussion of our baseline
analysis. In order to calculate the cost savings of this rule, and to
determine our baseline industry costs, we first estimated the number of
endorsed FCPs who would be applying for a merchant mariner medical
certificate in any given year for the next 10 years, excluding those
with medical waivers. To obtain this number, we took the total number
of endorsed FCPs holding a medical certificate with or without time-
limited medical waivers, 3,897, as shown in table 2. We then subtracted
the number of endorsed FCPs who submit medical certificate applications
on an annual basis due to time-limited restrictions, 195. We obtained a
population of 3,702 endorsed FCPs who will submit their medical
certificate applications every 5 years under the proposed rule. We then
divided this number (3,702) by 2, which is the application rate of FCPs
who are issued medical certificates (1 application every 2 years) to
obtain an annual estimate of 1,851 medical certificates issued (3,702 /
2). However, the number of endorsed FCPs has decreased over time, at an
average annual rate of 0.48 percent from 2011-2020. We incorporated
this average annual rate of decline in order to obtain the expected
number of endorsed FCPs in a 10-year period of analysis. Column (d)
<INF>t</INF> in table 4, ``Current Regulation Medical Certificate
Applications With Decline,'' captures the affected population after
applying the annual average rate of decline in column (b) and the
application rate in column (c) <INF>t</INF>. The equation for column
(d) <INF>t</INF> is represented as (d) <INF>t</INF> = (c) <INF>t</INF>
+ ([1 + (b)] \t\) for all t, where t denotes the period of time, and t
is discrete and positive. Table 4 presents the number of medical
certificate applications under the baseline analysis.
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TP27AU21.085
Proposed Regulation
Table 5 illustrates the following discussion of our methodology for
estimating the number of medical certificate applications for the
affected population under this proposed rule. This is similar to the
previously discussed ``Current Baseline'' section. The population and
the estimated rate of decline are assumed to be identical under both
the baseline scenario and the proposed rule. The difference in the
methodology for the proposed rule is reflected in the application
frequency for FCPs. We calculated this by taking
[[Page 48098]]
the number of FCPs expected to submit a medical certificate application
in a given year, incorporating the rate of decline, and assume that
each eligible remaining FCP will only submit a medical certificate
application at intervals of five years, starting in year 1. Column (e)
<INF>t</INF> reflects this periodicity; FCPs who submit a medical
certificate applications in year 1 would not have to submit a new
medical certificate application until year 6. FCP's who submit their
medical certificate application in year 2 would not have to submit
their medical certificate application until year 7. After accounting
for the yearly attrition projected for this analysis, values for column
(e) <INF>t</INF> will be equivalent to values of column (d)
<INF>t</INF> for t = 1,2,6,7, and 0 for any other period. This
periodicity holds true for any given 10 year interval into the future.
In contrast, column (f) <INF>t</INF> reflects the reduction in
medical certificate applications under our proposed rule. For any given
period t, the reduction in medical certificate applications is
calculated as the difference between FCPs who would otherwise submit a
medical certificate application every other year under current
regulations, column (d) <INF>t</INF>, and the number of FCPs who no
longer have to submit a medical certificate application during years
3,4,5,8,9,10. Hence, column (f) <INF>t</INF> = 0 for t = 1,2,6,7, and
column (f) <INF>t</INF> = (d) <INF>t</INF> - (e) <INF>t</INF> for any
other year. Finally, column (g) <INF>t</INF> reflects the number of
FCPs lost to the industry on a given year due to the projected
attrition.
[[Page 48099]]
[GRAPHIC] [TIFF OMITTED] TP27AU21.086
BILLING CODE 9110-04-C
[[Page 48100]]
Reduction in Merchant Mariner Medical Certificate Applications From
Baseline to Proposed Rule
As reflected in sum of column (f)<INF>t</INF> of table 5, we
project an aggregate reduction in medical certificate applications of
10,766 over a 10 years horizon following the implementation of this
rule. Under the proposed regulation, on average, FCPs would not have to
submit 1,794 medical certificate applications in a given year.
Medical Certificate Applications Submitted by Mail--Opportunity Cost of
Time
Table 6 illustrates the analysis of cost savings to industry as
discussed in the following sections. We first determine the number of
FCPs who would submit a medical certificate application via mail,
previously estimated by the NMC at 15% of the affected population. The
number of FCPs who no longer have to submit a medical application on a
given year is reflected on column (f) <INF>t</INF> of table 5.
Therefore, column (a) <INF>t</INF> of table 6 is the product of reduced
FCPs x 15%. We then estimated the reduction in hours under the proposed
rule.
We first calculated the reduction in time-burden in a given year
from FCPs who no longer have to submit a medical certificate
application. The reduction in time-burden is calculated as the product
of the average time per medical certificate application submitted by
mail for evaluation, and the number of FCPs who no longer have to
submit a medical certificate application in a given year. For the
current collection of information approval for CG-719 MMC application
forms, the approval estimates the total time required to fill out and
submit the medical certificate application (CG-719K) by mailing to be
18 minutes. Subject matter experts holding MMCs with experience
submitting a medical certificate application estimate that, on average,
13 minutes is required to fill out the application and the remaining 5
minutes is required to mail the application. Based on this data, the
Coast Guard estimates the time required to submit an application by
mailing at 5 minutes, or 0.083 hours (5 / 60). Column (f) <INF>t</INF>
in table 6 is the product of (a) <INF>t</INF> and (b). In order to
calculate the government cost savings from time saved by NMC employees
having fewer medical certificate application to process, we used an
estimated loaded hourly wage rate of $94.03.\3\ We derived the
estimated wage by using the Office of Personnel Management's 2020
Salary Table for the locality adjusted general service (GS) pay scale
for the Washington, DC metropolitan area. We estimated that the average
hourly wage rate for a GS-13 employee is $56.57.\4\ To account for
employee benefits, we used a load factor of 1.66, which we calculated
from the Congressional Budget Office report, ``Comparing the
Compensation of Federal and Private-Sector Employees, 2011 to 2015,''
\5\ estimated as the ratio of a typical GS-13 total compensation,
$74.80, found in table 4, divided by the typical hourly wage of a GS-13
employee, $45.00, found in table 2; hence, $74.80 / $45.00 = 1.66. An
employee at the GS-13 pay grade is assumed to be equivalent to a person
who holds a master's degree. Therefore, we estimated the loaded wage
rate of a GS-13 employee as the product of the wage rate and the load
factor, $56.57 x 1.66 = $94.03.
---------------------------------------------------------------------------
\3\ A loaded hourly wage rate is what a company pays per hour to
employ a person, not the hourly wage an employee receives. The
loaded hourly wage rate includes the cost of non-wage benefits
(health insurance, vacation, etc.).
\4\ <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/GS_h.pdf">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/GS_h.pdf</a>.
\5\ <a href="https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf">https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf</a>.
---------------------------------------------------------------------------
We recognize that many mariners holding FCP endorsements are
compensated at higher wage rates than what is published by the Bureau
of Labor Statistics (BLS); however, we used the BLS Occupational Series
due to the lack of official records for FCP wages and salaries. The
Coast Guard requests input from industry on FCP wages and whether our
wage rate should be revised.
In order to calculate the cost of time avoided by FCPs submitting
fewer applications under the proposed rule, we used the loaded hourly
wage rate per FCP, estimated at $64.90. We obtained the hourly wage
rate of a mariner from the BLS, using Occupational Series 53-5021,
Captains, Mates, and Pilots of Water Vessels (May 2020), estimated at
$43.14.\6\ To determine the load factor per FCP, we divided the BLS
total compensation for the transportation and material moving
series,\7\ $32.27, by the wages and salaries for the same series, which
is $21.45. We estimated the load factor as 1.50, $32.27 / $21.45 =
1.50. Therefore, we calculated the loaded hourly wage rate by
multiplying the hourly wage rate by the loaded factor, $43.14 x 1.50 =
$64.90.
---------------------------------------------------------------------------
\6\ <a href="https://www.bls.gov/oes/2020/may/oes535021.htm">https://www.bls.gov/oes/2020/may/oes535021.htm</a> (see Mean
Hourly Wage value, National estimates for this occupation box).
\7\ <a href="https://www.bls.gov/news.release/archives/ecec_03192020.pdf">https://www.bls.gov/news.release/archives/ecec_03192020.pdf</a>.
Found in Table 2.
---------------------------------------------------------------------------
After determining the total reduction in time for FCPs not
submitting medical certificates in a given year, we estimated the
aggregate cost of the time for all FCPs to submit their medical
certificates applications to the Coast Guard. We estimated this amount
by multiplying the loaded hourly wage-rate per each endorsed FCP,
$64.90, by the total annual reduction in time burden. Therefore, the
cost-time burden, column (g) <INF>t</INF> of table 6 is the product of
column (d) and column (f) <INF>t</INF>.
Shipping Costs
Mariners may submit medical certificate applications either
directly to the NMC or to a REC. Whether submitting to the NMC or a
REC, applications can be submitted by email, fax, or mail.
Additionally, if an application is submitted to a REC, this can be done
in person.
Using data from the NMC on the submission of medical certificate
applications, we estimate that approximately 39 percent of medical
certificate applications are submitted directly to the NMC. Of these
applications, 89 percent are submitted by email, 6 percent are
submitted by fax, and 5 percent are submitted by mail. The remaining 61
percent of medical certificate applications are submitted directly to
RECs, where 52 percent of the applications are submitted by email, 1
percent are submitted by fax, 22 percent are submitted by mail, and 25
percent are submitted in person.\8\ Therefore, of the total medical
certificate applications submitted to the Coast Guard (to both the NMC
and RECs), approximately 66 percent are submitted via email, 3 percent
are submitted via fax, 15 percent are submitted via mail, and 15
percent are submitted in person.\9\
---------------------------------------------------------------------------
\8\ Total may not add to 100 percent due to rounding.
\9\ Total may not add to 100 percent due to rounding.
---------------------------------------------------------------------------
We estimated the expected cost of mailing applications through the
U.S. Postal Service (USPS) in any given year as the product of the
total number of medical certificate applications that would be
submitted under this proposed rule, the cost of mailing a letter to the
Coast Guard through the USPS using a first-class letter postage stamp,
55 cents, and the percentage of endorsed FCPs expected to submit their
medical certificate applications through the mail, approximately 15.4
percent. Thus, column (h) <INF>t</INF> of table 6 = (a) <INF>t</INF> x
(c). Finally, the undiscounted industry cost savings, column (i)
<INF>t</INF> as the sum of the cost-time burden, column (g)
<INF>t,</INF> and the USPS cost, column (h) <INF>t</INF>.
BILLING CODE 9110-04-P
[[Page 48101]]
[GRAPHIC] [TIFF OMITTED] TP27AU21.087
[[Page 48102]]
Medical Certificates Applications Submitted in Person--Opportunity Cost
of Time
Table 7 illustrates the analysis of cost savings to industry as
discussed in the following sections. We first determine the number of
FCPs who would submit a medical certificate application in person,
previously estimated by NMC at 15% of the affected population.
Therefore, the expected number of medical certificate applications
submitted in person in a given year, column (a) <INF>t</INF> = Reduced
FCPs x 15%. We assume that each eligible FCP will commute an average of
27.6 minutes in each direction \10\ to submit their medical certificate
application to an REC, for an average total commuting time of 55.2
minutes, column (c). We assume that FCPs who have a farther commute to
the REC would submit the applications by mail or email. We also assume
that FCPs will drive at an average speed of approximately 57 miles per
hour (mph) based on the following calculation: From the Department of
Transportation (DOT) National Traffic Speeds Survey II, Overall Speed
Estimates (in MPH) by Road Class (Free-Flow) by Year, we took the mean
speed of the three road classes provided: Limited access (70.5 mph),
major arterial (53.28 mph), and minor arterial (47.01 mph), to obtain
an average speed of 56.93 mph [(70.5 + 53.28 + 47.01) / 3].\11\
Considering the estimated average speed, we assume that 55.2 minutes of
commuting time will be traveled in approximately 1 hour (55.2 minutes /
57 miles per hour [ap] 0.97 hrs.), reflected in column (b).
---------------------------------------------------------------------------
\10\ <a href="https://www.census.gov/newsroom/press-releases/2021/one-way-travel-time-to-work-rises.html">https://www.census.gov/newsroom/press-releases/2021/one-way-travel-time-to-work-rises.html</a>.
\11\ Table 1. Overall Speed Estimates (in MPH) by Road Class
(Free-Flow) by Year, Fact Sheet, Publication No. DOT HS 811 647,
August 2012 <a href="https://safety.fhwa.dot.gov/speedmgt/data_facts/">https://safety.fhwa.dot.gov/speedmgt/data_facts/</a>.
---------------------------------------------------------------------------
In order to calculate the opportunity cost of having to commute to
submit a medical certificate application to an REC on a less frequent
basis, we use GSA's Privately Owned Vehicle (POV) Mileage Reimbursement
Rates,\12\ which is used as a proxy for the wear and tear incurred
while commuting to an REC. As of January 2021, the reimbursement rate
is $0.56 per mile, column (d). We then estimate the net reduction in
time-burden hours if this proposed rule is implemented, reflected in
column (e) <INF>t</INF>.
---------------------------------------------------------------------------
\12\ <a href="https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates">https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates</a>.
---------------------------------------------------------------------------
The net reduction in time-burden is calculated as the product of
the average time it would take FCPs to commute to and from an REC,
column (b), and the number of FCPs that no longer have to submit a
medical certificate on a given year, column (a) <INF>t</INF>. Hence,
column (e) <INF>t</INF> = (a) <INF>t</INF> and (b). Next we estimate
the net reduction in distance (miles avoided) by FCPs who no longer
have to drive to submit a medical certificate application on a given
year. The net reduction in distance (miles), column (f) <INF>t</INF>,
is the product of the average miles avoided by FCP who would otherwise
commute to and from an REC, column (c), and the aggregate time of
commuting avoided by FCPs in hours. Finally, we estimate the
undiscounted cost savings of FCPs who no longer have to submit a
medical certificate application in person, column (g) <INF>t</INF>.
This column is calculated as the product of GSA's reimbursement rate,
column (d), and the aggregate distance (miles) avoided by FCPs on a
given year, column (e) <INF>t</INF>. Hence, column (g) <INF>t</INF> =
(d) x (f) <INF>t</INF>.
[[Page 48103]]
[GRAPHIC] [TIFF OMITTED] TP27AU21.088
[[Page 48104]]
Medical Certificate Applications Submitted in Person--Opportunity Cost
of Time (Compensation)
Table 8 illustrates an analysis similar to table 7, but in terms of
the compensation that FCPs would have otherwise forgone in order to
commute to an REC to submit a medical certificate application. Based on
data provided from each REC, we determined that, on average, a mariner
would require 25 minutes to arrive and enter a REC, considering
security protocols, and exit the REC, column (c). It would require, on
average, an additional 5 minutes of wait time to be seen by the legal
instruments examiner at the customer service counter, column (d), and
an additional 1 minute for the examiner to verify that the medical
certificate application is complete and filled out properly, column
(e). The time burden for FCPs would be no different than for any other
mariner.
To quantify the savings associated to mariners not using a full
hour of their time to commute to a REC, column (b), we use the FCP's
loaded hourly wage rate, estimated at $64.90, column (f). The
undiscounted cost savings associated to FCPs who no longer have to
commute to submit a medical certificate application, column (g)
<INF>t</INF> is calculated as the product of the number of reduced
FCPs, column (a) <INF>t</INF> <INF>,</INF> the average commuting time
to and from an REC, column (b), the average time to it takes an FCP to
enter and exit an REC, column (c), the average time to it takes for an
FCP to be seen by legal instruments examiner at the customer service
counter, column (d), and the average time it takes for the examiner to
verify that the medical certificate application is complete and filled
out properly, column (e). Hence, (g) <INF>t</INF> = (a) <INF>t</INF> x
[(b) + (c) + (d) + (e)] x (f).
[[Page 48105]]
[GRAPHIC] [TIFF OMITTED] TP27AU21.089
[[Page 48106]]
Total Cost Savings to Industry
Using a 7-percent discount rate, we estimated the annualized cost
savings for this proposed rule as $20,908 and the 10-year total as
$146,847. We obtained this value by adding the yearly cost savings
associated with the number of medical certificate applications not
submitted in a given period (a) t and the number of medical certificate
applications not delivered to the Coast Guard in a given period (b) t.
We present these industry cost-savings amounts, discounted at 7 percent
and 3 percent, in table 9.
[GRAPHIC] [TIFF OMITTED] TP27AU21.090
Government Cost Savings
Table 10 illustrates the following methodology to calculate the
cost savings to the government. We first estimated the reduction in
hours associated with the reduction in medical certificate application
submission previously discussed. We estimated the reduction in hours as
the product of the reduction in medical certificate applications and
the estimated time it would take a GS-13 employee at the NMC to process
an application for a mariner medical certificate. Using medical
certificate application information records obtained from NMC medical
evaluation staff, we estimated that the time needed to evaluate a
medical certificate application is approximately 10 minutes, or 0.166
hours (10 / 60 = 0.166 hours).
Using the loaded hourly wage rate of $94.03 for a GS-13 employee,
we estimated that the government would save $15.98 ($94.03 x 0.17 hour)
on each application it would no longer have to evaluate. The annual
reduction in the number of medical certificate applications for the
proposed rule is the product of the number of applications the
government will no longer have to review and the hours saved by not
having to review an additional medical application. Therefore, (d)
<INF>t</INF> = (a) <INF>t</INF> x 0.166 hrs. On average, the government
would save 299 hours annually under the proposed rule.
Next, we estimated the total undiscounted government cost savings
in a given year. We calculated this as the product of the estimated
loaded hourly wage rate for a GS-13 employee, $94.03, and the yearly
reduction in hours. This captures the difference in the medical
certificate applications under current regulations and the proposed
rule. On average, the government would save $18,444 annually under this
proposed rule, discounted at 7 percent, as presented in table 10.
[[Page 48107]]
[GRAPHIC] [TIFF OMITTED] TP27AU21.091
Total Estimated Cost Savings of the Proposed Rule Over a 10-Year Period
of Analysis
Over a 10-year period of analysis, the total estimated cost savings
of the proposed rule to mariners and the government is $257,511,
discounted at 7 percent. The annualized cost savings are $36,664, also
discounted at 7 percent. Table 11 presents the total cost savings of
this proposed rule, which is the sum of the undiscounted industry
savings, and the undiscounted government savings. Therefore, the
undiscounted total cost savings is the sum of the undiscounted industry
savings and the undiscounted government savings.
[[Page 48108]]
[GRAPHIC] [TIFF OMITTED] TP27AU21.092
BILLING CODE 9110-04-C
Benefits
There are quantifiable benefits to this proposed rule. However,
they are the cost savings accounted for above, including savings to
mariners from less frequent submissions of medical certificate
applications. This would subsequently reduce the NMC's workload and
generate government cost savings.
In addition, there are unquantifiable benefits for some FCPs
because they would be less likely to have a lapse in a medical
certification due to the less frequent submission requirement. The
Coast Guard does not have data to quantify the savings this would
produce for this small percentage of affected FCPs, but we are aware
that it may happen. For these pilots, economic losses occur when a
current medical certificate expires prior to the time that a new
medical certificate is approved and issued. Such circumstances can
occur if the mariner has a complex medical history that requires
frequent or prolonged correspondence between the mariner's medical
practitioner and the NMC. This lapse in medical certification can have
significant costs for both individual pilots and for employers, because
pilots cannot work under the authority of their credential without a
valid medical certificate. By establishing the proposed 5-year medical
certificate for pilots, instead of the current 2-year medical
certificate, the likelihood of such lapses would decrease, would ensure
that they do not incur additional medical exam costs, and would also be
a mitigating factor against a potential loss of income.
Alternatives
When analyzing alternatives, we considered two factors: the period
of validity of the medical certificate for FCPs; and the requirement to
submit physical examination results to the Coast Guard. Under current
regulations, the period of validity of the medical certificate is 2
years for FCPs, and the submission of physical examination results is
correspondingly every other year, unless the medical certificate
contains a waiver requiring more frequent submission of the physical
examination results.
Alternative 1. The first alternative we considered in this analysis
was retaining the status quo, under which FCPs would continue to apply
for their medical certificates every other year. The status quo would
also continue to require FCPs to report their physical examination
results every other year, unless their medical certificate contains a
waiver requiring more frequent submission. As discussed previously, we
estimated the opportunity cost of retaining the status quo at $36,664,
annualized at 7 percent, or an undiscounted total of $257,511 over a
10-year period of analysis. We rejected this alternative. Although
there would be no additional costs to mariners or the government, there
would also be no cost savings.
Alternative 2. The second alternative we considered was extending
the maximum period of validity of medical certifications to 5 years
without interim self-reporting requirements, which would require
mariners to submit the results of their medical examination to the
Coast Guard if they no longer meet the medical standards. FCPs would
only submit the results of the physical examination every 5 years with
a medical certificate application, unless their medical certificate
contains a waiver and requires more frequent submission. We rejected
this alternative. The Coast Guard finds the potential for increased
risk from mariners with underlying health issues operating as FCPs, and
not self-reporting medical or health conditions that may impact their
[[Page 48109]]
piloting performance and maritime safety, unacceptable. We made this
determination after considering the unique physical and cognitive
demands placed on pilots in performing their duties, and maritime
casualties that were directly related to a FCP's physical ability to
perform their duties. We considered casualties such as the 2003 Staten
Island Ferry allision, which resulted in more than $8 million in
damages and losses, and the 2007 Cosco Busan incident, which resulted
in more than $70 million in environmental damages and other losses.
Both casualties were directly attributed to the pilot's inability to
properly manage the vessel due to underlying medical conditions that
were not reported to the Coast Guard within the 5 year medical
certificate validity period. The risk that mariners can develop new
medical conditions within the 5 year medical certificate validity
period is mitigated by the proposed self-reporting requirements. As
evidenced by these maritime accidents and potential for extraordinary
damages to the public, the environment, and the maritime industry, any
potential benefit derived from excluding the interim self-reporting
requirement on behalf of FCPs is not a risk deemed acceptable by the
Coast Guard.
Alternative 3. The third alternative we considered was extending
the maximum period of validity of the medical certificate to 5 years,
and requiring FCPs to submit the results of their annual physical
examinations to the Coast Guard between medical certificate
applications if: (1) The mariner does not meet the physical ability
requirements; (2) the mariner has a condition that does not meet the
medical, vision, or hearing requirements; (3) the mariner is deemed
``not recommended'' by a medical practitioner for a medical
certificate; or (4) upon request by the Coast Guard. With this third
alternative, FCPs would apply for the medical certificates every 5
years and would only have to report the results of their medical
examination between applications if any of the 4 conditions apply. This
alternative mitigates the potential for increased safety risks
identified under the second alternative, resulting from having mariners
with underlying medical issues operating as FCPs. The potential for
risk is increased when the Coast Guard does not have the opportunity to
review the physical exams of mariners whose medical practitioners have
diagnosed them with medical conditions that may impact their piloting
performance. Therefore, the third alternative was chosen in this
proposed rule.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed rule would reduce the burden on industry by extending
the maximum period of validity of merchant mariner medical certificates
for FCPs, and masters and mates serving as pilot, from 2 years to 5
years. Since the medical certificate is in the mariner's name and not
an entity's, the affected mariners would receive the cost savings from
this proposed rule. Hence, the changes in this proposed rule would
affect individuals, not businesses or other small entities as defined
by the Small Business Administration in 13 CFR 121.201.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed rule would have a significant economic impact on
it, please submit a comment to the docket at the address listed in the
ADDRESSES section of this preamble. In your comment, explain why you
think it qualifies and how and to what degree this proposed rule would
economically affect it.
C. 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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person in the
FOR FURTHER INFORMATION CONTACT section of this proposed rule. The
Coast Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
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).
D. Collection of Information
The Coast Guard has determined that this proposed rule would call
for a change to an existing collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 3520. As defined in 5
CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other similar
actions. The title and description of the information collections, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
The information collection associated with this proposed rule is
the currently approved collection OMB Control No. 1625-0040
(Application for Merchant Mariner Credential (MMC), Application for
Merchant Mariner Medical Certificate, Applications for Merchant Mariner
Medical Certificate for Entry Level Ratings, Small Vessel Sea Service
Form, DOT/USCG Periodic Drug Testing Form, Disclosure Statement for
Narcotics, DWI/DUI, and/or Other Convictions, Merchant Mariner Medical
Certificates, Recognition of Foreign Certificate), which covers all
information collected for merchant mariner credentialing. The proposed
revisions to 46 CFR 10.301 and 15.401 would extend the maximum validity
period of the mariner medical certificate for FCPs and masters or mates
serving as pilot from 2 years to 5 years. The proposed change to the
maximum validity period of the medical certificate for pilots would
reduce the frequency and burden of response estimates of the current
information collection request.
Title: Application for Merchant Mariner Credential (MMC),
Application for Medical Certificate, Application for Medical
Certificate--Short Form, Small Vessel Sea Service (Optional) Form, DOT/
USCG Periodic Drug Testing (Optional) Form, and Disclosure
[[Page 48110]]
Statement for Narcotics, Driving while intoxicated (DWI)/Driving under
the influence (DUI), and/or Other Convictions (Optional) Form.
OMB Control Number: 1625-0040.
Summary of the Collection of Information: The Coast Guard currently
collects information from merchant mariners with their applications for
MMCs and merchant mariner medical certificates. This collection
includes the following information requests: Signature of applicant and
supplementary material required to show that the mariner meets the
mandatory requirements for the credential or medical certificate
sought; proof of applicant passing all applicable vision, hearing,
medical, and/or physical exams; negative chemical test for dangerous
drugs; discharges or other documentary evidence of sea service
indicating the name, tonnage, propulsion mode and power of the vessels,
dates of service, capacity in which the applicant served, and on what
waters; and disclosure documentation for narcotics, DWI/DUI, and/or
other convictions.
Need for Information: Title 46 United States Code (U.S.C.) Subtitle
II, Part E, Title 46 Code of Federal Regulation CFR part 10, subpart B,
and International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978, as amended and the STCW Code,
including the STCW final rule (Docket No. USCG-2004-17914) published on
December 24, 2013, require MMC and medical certificate applicants to
apply at one of the Coast Guard's 17 RECs located nationwide or any
other location designated by the Coast Guard. MMCs are established for
individuals who are required to hold a credential under Subtitle II.
The Coast Guard has the responsibility of issuing MMCs and medical
certificates to applicants found qualified as to age, character, and
habits of life, experience, professional qualifications, and physical
fitness. The instruments contained within OMB Control No. 1625-0040
serve as a means for the applicant to apply for an MMC and a medical
certificate.
Proposed Use of Information: The Coast Guard conducts this
collection of information solely for the purposes of determining
eligibility for issuance of an MMC or medical certificate, in
accordance with applicable statutes and regulations. This evaluation is
performed on occasion, meaning as submitted by the respondent when he
or she applies for an MMC or medical certificate. In general,
applicants for an MMC must submit the CG-719-B every 5 years for
renewal or when seeking a new endorsement or raise of grade, and
applicants for a medical certificate must submit the CG-719K every 2
years or every 5 years, depending upon the type of credential or
endorsements held and the applicant's medical status. The Coast Guard
evaluates the collected information to determine whether applicants are
qualified to serve under the authority of the requested credential with
respect to their medical fitness, their professional qualifications,
and their safety and suitability.
Description of the Respondents: All applicants for an MMC, whether
original, renewal, duplicate, raise of grade, or a new endorsement on a
previously issued MMC, are included in this collection. Applicants for
medical certificates include mariners with MMC National, STCW, and
pilot endorsements. The proposed change to the maximum validity period
of the merchant mariner medical certificate from 2 years to 5 years
applies only to FCPs and masters or mates serving as pilot.
Number of Respondents: This proposed rule would reduce the annual
number of respondents by 7,324 over a 10-year period of analysis. As a
result, the total annual respondents for this collection would change
from 18,316 to 10,992.
Frequency of Response: For FCP endorsements, the annual average
reduction would be 1,794. The responses are annual and would result in
a reduction in the number of medical certificate submissions of the
form CG-719-K from 54,800 to 44,034 (54,800 - 10,766 = 44,034).
Burden of Response: The total hourly burden per response was
estimated at 18 minutes, or 0.30 hours. This proposed rule would reduce
the aggregate burden of hours associated with the submission of the
medical certification applications by extending the renewal period from
every 2 years to every 5 years. Therefore, the total annual response
time for submitting a new medical certificate would decrease by
approximately 3,587 hours (138 hrs. via mail submissions + 1,654 hrs.
in person submissions + 1,794 government hrs. review). However, the
hourly burden per response would remain unchanged.
Estimate of Total Annual Burden: The Coast Guard estimates that the
total annual burden with the proposed change to the medical certificate
validity period for FCPs would be 16,286 hours a year, which is a 154-
hour reduction in burden from the current corresponding collection
total of 16,440 hours.
As required by 44 U.S.C. 3507(d), we will submit a copy of this
proposed rule to OMB for its review of the collection of information.
We ask for public comment on the proposed collection of information to
help us determine, among other things--
<bullet> How useful the information is;
<bullet> Whether the information can help us perform our functions
better;
<bullet> How we can improve the quality, usefulness, and clarity of
the information;
<bullet> Whether the information is readily available elsewhere;
<bullet> How accurate our estimate is of the burden of collection;
<bullet> How valid our methods are for determining the burden of
collection; and
<bullet> How we can minimize the burden of collection.
If you submit comments on the collection of information, submit
them to both the OMB and to the docket where indicated under ADDRESSES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the Coast Guard's request to
collect this information.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 7101, and 8101
(personnel qualification and manning of vessels), as well as the
reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. See the Supreme Court's decision in United States v. Locke, 529
U.S. 89, 120 S.Ct. 1135 (2000) (finding that the states are foreclosed
from regulating tanker vessels). See also Ray v. Atlantic Richfield
Co., 435 U.S. 151, 157 (1978) (state regulation is preempted where
[[Page 48111]]
``the scheme of federal regulation may be so pervasive as to make
reasonable the inference that Congress left no room for the States to
supplement it [or where] the Act of Congress may touch a field in which
the federal interest is so dominant that the federal system will be
assumed to preclude enforcement of state laws on the same subject.''
(citations omitted)). Because this proposed rule involves the
credentialing of mariners under 46 U.S.C. 7101, it relates to personnel
qualifications and, as a result, is foreclosed from regulation by the
States. Therefore, because the States may not regulate within these
categories, this rule is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this proposed rule would have
implications for federalism under Executive Order 13132, please call or
email the person listed in the FOR FURTHER INFORMATION section of this
preamble.
F. Unfunded Mandates
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100 million (adjusted for
inflation) or more in any one year. Although this proposed rule would
not result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(Governmental Actions and Interference with Constitutionally Protected
Property Rights).
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, (Civil Justice Reform), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments), because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and would
not have any adverse effect on the supply, distribution, or use of
energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under the ADDRESSES section of this preamble.
This proposed rule appears to meet the criteria for categorical
exclusion (CATEX) under paragraphs L56 and L54 in Table 3-1 of U.S.
Coast Guard Environmental Planning Implementing Procedures (April
2019), which is available in the docket at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Paragraph L56 pertains to regulations concerning the training,
qualifying, licensing, and disciplining of maritime personnel.
Paragraph L54 pertains to regulations which are editorial or
procedural. This proposed rule involves amending the maximum period of
validity of merchant mariner medical certificates from 2 years to 5
years for FCPs and masters or mates serving as pilot on vessels of
1,600 GRT or more. Additionally, the proposed rule includes an
extension of the annual physical examination submission requirement
from every other year to every 5 years, as long as circumstances do not
require more frequent submissions of annual physical examination
results to ensure maritime and public safety. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects
46 CFR Part 10
Penalties, Personally identifiable information, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 10, 11, and 15 as follows:
[[Page 48112]]
PART 10--MERCHANT MARINER CREDENTIAL
0
1. The authority citation for part 10 is revised to read as follows:
Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive
Order 10173; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.2.
Sec. 10.301 [Amended]
0
2. In Sec. 10.301, remove paragraph (b)(2) and redesignate paragraphs
(b)(3) and (b)(4) as paragraphs (b)(2) and (b)(3), respectively.
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
3. The authority citation for part 11 is revised to read as follows:
Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906,
and 70105; Executive Order 10173; Department of Homeland Security
Delegation No. 00170.1, Revision No. 01.2. Section 11.107 is also
issued under the authority of 44 U.S.C. 3507.
0
4. Amend Sec. 11.709 by:
0
a. Removing paragraph (c);
0
b. Redesignating paragraph (d) as paragraph (c);
0
c. Adding paragraphs (b)(1) through (b)(4);
0
d. Adding paragraph (d); and
0
e. Revising paragraph (b) introductory text.
The revisions and additions read as follows:
Sec. 11.709 Annual physical examination requirements.
* * * * *
(b) Every person holding an MMC endorsement as first-class pilot,
or a master or mate serving as a pilot under Sec. 15.812, must have a
thorough physical examination each year. This annual physical
examination must be completed by the first day of the month following
the anniversary of the individual's most recently completed Coast
Guard-required physical examination. Each annual physical examination
must meet the requirements specified in 46 CFR, part 10, subpart C, and
be recorded on the form CG-719K. Every five years, in accordance with
the medical certificate requirements in 10.301(b), 10.302(a), and
10.304(d) of this chapter, the results of the most recent physical
examination must be submitted to the Coast Guard. The results of the
physical examination must also be submitted to the Coast Guard no later
than 30 calendar days after completion of the physical examination in
any of the following circumstances:
(1) The examining medical practitioner documents that the
individual does not meet the physical ability requirements as set forth
in Sec. 10.304(c);
(2) the examining medical practitioner documents that the
individual has a condition that does not meet the general medical exam
requirements described in Sec. 10.304(a), the vision requirements
described in Sec. 10.305, or the hearing requirements described in
Sec. 10.306;
(3) the examining medical practitioner documents that the
individual is not recommended for a medical certificate or needs
further review by the Coast Guard as set forth in Sec. 10.301(a); or
(4) the Coast Guard requests the results.
* * * * *
(d) A master or mate may not serve as a pilot on a vessel 1,600 GRT
or more under Sec. 15.812 if the person does not meet the physical
examination requirements provided in paragraph (b) of this section.
PART 15--MANNING REQUIREMENTS
0
5. The authority citation for part 15 is revised to read as follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8103,
8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903,
8904, 8905(b), 8906 and 9102; sec. 617, Pub. L. 111-281, 124 Stat.
2905; and Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.2.
Sec. 15.401 [Amended]
0
6. Amend Sec. 15.401 by:
0
a. In paragraph (a), remove in the first sentence the words, ``license,
certificate of registry, Merchant Mariner's Document (MMD),'' and
remove from the second sentence the words ``license, certificate of
registry, MMD, or'';
0
b. In paragraph (c)(1), remove the words ``After January 1, 2017, two''
and add, in its place the words, ``Two'';
0
c. Remove paragraph (c)(2) and redesignate paragraph (c)(3) as
paragraph (c)(2); and
0
d. In paragraphs (d) and (e), remove wherever it appears the words
``MMD or''.
0
7. In Sec. 15.812, in Table 1 to Sec. 15.812(e)(1), revise the second
row, which starts with ``Inspected self-propelled vessels not more than
1,600 GRT, authorized by their COI to proceed beyond the Boundary Line,
or operating on the Great Lakes'', to read as follows:
Sec. 15.812 Pilots.
* * * * *
[[Page 48113]]
Table 1 to Sec. 15.812(e)(1)--Quick Reference Table for Federal Pilotage Requirements for U.S.-Inspected, Self-
Propelled Vessels, Not Sailing on Register
----------------------------------------------------------------------------------------------------------------
Designated areas of pilotage waters Non-designated areas of
(routes for which First-Class Pilot's pilotage waters (between the
licenses or MMC officer endorsements are 3-mile line and the start of
issued) traditional pilotage routes)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Inspected self-propelled vessels not First-Class Pilot, or Master or Mate may Master or Mate may serve as
more than 1,600 GRT, authorized by serve as pilot if he or she-- pilot if he or she--
their COI to proceed beyond the 1. Is at least 21 years old; 1. Is at least 21 years old;
Boundary Line, or operating on the 2. Maintains current knowledge of the and
Great Lakes. waters to be navigated; and \1\ 2. Maintains current
3. Has four roundtrips over the route.\2\ knowledge of the waters to
be navigated.\1\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 13, 2021.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2021-17806 Filed 8-26-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 27, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.