Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices 56999 

root cause of a maritime mishap. The 

NTSB, in their report on the 2003 

collision of the Staten Island ferry 

ANDREW J. BARBERI, determined that 

the assistant captain’s unexplained 

incapacitation was a causal factor in the 

casualty, resulting in the deaths of 10 

passengers and injuries to 70 others. 

The report recommended that the Coast 

Guard review several issues in the 

merchant mariner physical and medical 

evaluation process. The proposed NVIC 

is a critical component of the Coast 

Guard’s response to the NTSB report. 

Does this change current practices? 

The information contained in the 

proposed NVIC does not change current 

Coast Guard practices with respect to 

the physical and medical evaluation 

process. Rather, it puts the current 

practices into writing, making them 

transparent for all to see and promoting 

their consistent application. As such, it 

is not anticipated that the proposed 

NVIC will result in significantly higher 

rates of disqualification for mariners, 

nor in increased processing time for 

credential applications with physical 

and/or medical issues. To the contrary, 

as explained above, the Coast Guard 

expects the process to be fairer and less 

subjective, and we anticipate a 

reduction in application processing 

time, because all parties will know 

precisely what information is needed at 

the outset of the application process. 

How does the proposed NVIC differ 

from the current NVIC 2–98? 

The current NVIC 2–98 defines 

approximately forty-seven medical 

conditions as potentially disqualifying, 

but provides specific guidance for only 

two of those conditions. The proposed 

NVIC has a more extensive list of 

medical conditions and guidance on 

how to address the Coast Guard’s safety 

concerns with respect to those 

conditions. 

What are the contents of the proposed 

NVIC? 

The guidance in the proposed NVIC 

has been developed by Coast Guard 

medical officers in consultation with 

MERPAC and experienced maritime 

community medical practitioners. The 

proposed NVIC reflects a synthesis of 

their recommendations, regulatory 

requirements, and the recommendations 

of leaders of other Federal 

transportation modes as to appropriate 

medical and physical standards. 

Enclosure (1) of the proposed NVIC 

provides guidance on medical 

certification standards. It lists the 

standards that apply to applicants for 

each of the various types of credentials. 

Enclosure (2) provides guidance for 

determining if mariners are physically 

able to perform their duties. Enclosure 

(3) contains a list of potentially 

disqualifying medical conditions, 

medications and supplemental medical 

data to be submitted for medical review. 

Enclosure (4) contains guidance for 

evaluating vision and hearing. 

Enclosure (5) describes the medical 

review process. 

Once the Coast Guard has considered 

all comments and related material, we 

will publish a final, effective version of 

the NVIC for use as guidelines by the 

general public, mariners, and 

specifically, those professionals 

assessing the physical and medical 

condition of merchant mariners. The 

final, effective version of the NVIC will 

be posted on the electronic docket for 

this rulemaking as well as the NMC Web 

site at http://www.uscg.mil/hq/g-m/ 

nmc/web/index.htm. 

Dated: September 21, 2006. 

J.G. Lantz, 

Director of National and International 

Standards, Assistant Commandant for 

Prevention. 

[FR Doc. 06–8305 Filed 9–22–06; 4:33 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[USCG 2006–25522] 

Exercise of Authority To Require Pilots 

To Submit Annual Physical 

Examinations 

ACTION: Notice. 

SUMMARY: By this notice, the Coast 

Guard is exercising authority currently 

set forth in Coast Guard regulations to 

require all first class pilots on vessels 

greater than 1600 GRT, and other 

individuals who ‘‘serve as’’ pilots on 

certain types of vessels greater than 

1600 gross registered tons (GRT), to 

provide a copy of their annual physical 

examination to the Coast Guard. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stewart A. Walker, National Maritime 

Center. Phone: 202–493–1022, e-mail: 

Stewart.A.Walker@uscg.mil. 

DATES: All first class pilots on vessels 

greater than 1600 GRT, and other 

individuals who ‘‘serve as’’ pilots on 

certain types of vessels greater than 

1600 GRT (as described in 

SUPPLEMENTARY INFORMATION below), 

must submit a copy of their most recent 

annual physical examination to the 

Coast Guard on or before December 27, 

2006. After that, pilots must submit a 

copy of their annual physical 

examination to the Coast Guard no later 

than 30 calendar days after completion 

of the physical examination each year. 

The annual physical examination must, 

by regulation, be completed within 30 

calendar days of the anniversary date of 

the individual’s most recent 

satisfactorily completed physical 

examination. 

SUPPLEMENTARY INFORMATION: This 

notice implements the recommendation 

made the National Transportation Safety 

Board (NTSB), in their report on the 

2003 allision of the Staten Island Ferry 

ANDREW J. BARBERI, that the Coast 

Guard require submission of annual 

pilot physicals. The Coast Guard agrees 

with the NTSB that it is not effective to 

require pilots to undergo annual 

physical examinations without an 

affirmative obligation for pilots to 

actually submit them to the Coast Guard 

for review. 

Title 46 CFR 10.709 already requires 

that first class pilots on vessels of 1600 

GRT or more provide the Coast Guard 

with a copy of their most recent annual 

physical examination upon request, and 

that this physical examination must 

meet the requirements specified in Title 

46 CFR 10.205(d). This includes those 

individuals who ‘‘serve as’’ pilots in 

accordance with Title 46 CFR 

15.812(b)(3) & (c). Individuals who 

‘‘serve as’’ pilots on vessels of not more 

than 1600 GRT in accordance with 46 

CFR 15.812(b)(2) do not have an annual 

physical examination requirement. 

This document serves as the request, 

pursuant to the authority set forth in 46 

CFR 10.709(e), that all first class pilots 

on vessels greater than 1600 GRT, and 

all other individuals who ‘‘serve as’’

pilots in accordance with 46 CFR 

15.812(b)(3) & (c), provide a copy of 

their annual physical examination to the 

Coast Guard. 

The report of physical examination 

should be submitted to the Regional 

Examination Center (REC) which issued 

the mariner’s license. The report of 

physical examination will be reviewed 

by the Coast Guard in accordance with 

the standards in 46 CFR 10.205(d), as 

supplemented by the guidance 

contained in Navigation and Vessel 

Inspection Circular (NVIC) 2–98, 

‘‘Physical Evaluation Guidelines for 

Merchant Mariner’s Documents and 

Licenses’’ or any superseding NVIC 

revising or replacing NVIC 2–98. 

The Coast Guard may initiate 

appropriate administrative action in the 

event any first class pilot—or any other 

individual ‘‘serving as’’ a pilot (as 

described above)—does not meet the 


sroberts on PROD1PC70 with NOTICES
57000 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices 

physical examination requirements 

specified in 46 CFR 10.205(d), up to and 

including suspension or revocation of 

the mariner’s credential in accordance 

with Title 46 CFR Part 5. The Coast 

Guard may also initiate appropriate 

administrative action, up to and 

including suspension or revocation of 

the mariner’s credential in accordance 

with 46 CFR Part 5, if any first class 

pilot—or any other individual ‘‘serving 

as’’ a pilot (as described above)—fails to 

submit their annual physical 

examination to the Coast Guard. 

Individuals with pilot licenses, pilot 

endorsements, master licenses and mate 

licenses (and individuals applying for 

those credentials) who do not in fact 

serve as a first class pilot or otherwise 

‘‘serve as’’ a pilot in accordance with 46 

CFR 15.812(b)(3) & (c) do not need to 

submit an annual physical examination 

to the Coast Guard pursuant to 46 CFR 

10.709(e); however, these individuals 

must submit an annual physical 

examination before serving as a first 

class pilot or otherwise ‘‘serving as’’ a 

pilot in accordance with 46 CFR 

15.812(b)(3) & (c). 

Dated: September 21, 2006. 

J. G. Lantz, 

Director of National and International 

Standards, Assistant Commandant for 

Prevention. 

[FR Doc. 06–8306 Filed 9–22–06; 4:33 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

Notice of Withholding of Certain 

Distributions on Continued Dumping 

and Subsidy Offset to Affected 

Domestic Producers 

AGENCY: Customs and Border Protection, 

Department of Homeland Security. 

ACTION: Notice of the withholding of 

certain offset distributions for Fiscal 

Year 2006 and subsequent years. 

SUMMARY: This document notifies the 

public that Customs and Border 

Protection (CBP), consistent with the 

Court of International Trade’s recent 

decision in Canadian Lumber Trade 

Alliance et al. v. United States, will be 

withholding distributions under the 

Continued Dumping and Subsidy Offset 

Act of 2000 that derive from 

antidumping and countervailing duties 

assessed on goods from Canada or 

Mexico. Fiscal year 2006 CDSOA 

distributions that derive from 

antidumping or countervailing duties on 

other than Canadian or Mexican goods 

are not affected. 

DATES: Effective Date: September 28, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Redelman, Revenue Division, 

Programs Branch, Office of Finance, 

(317) 614–4462. 

SUPPLEMENTARY INFORMATION: 

Background 

The Court of International Trade (CIT) 

held in Canadian Lumber Trade 

Alliance et al. v. United States, Slip Op. 

06–48 (April 7, 2006) (CLTA I) and Slip 

Op. 06–104 (July 14, 2006) (CLTA II), 

that pursuant to Section 408 of the 

North American Free Trade Agreement 

Implementation Act (codified at 19 

U.S.C. 3438), the Continued Dumping 

and Subsidy Offset Act of 2000 

(CDSOA) (codified at 19 U.S.C. 1675c) 

does not apply to antidumping and 

countervailing duties assessed on 

imports of goods from Canada or 

Mexico. 

Specifically, the CIT held in CLTA I 

that the Commissioner of Customs and 

Border Protection (CBP) ‘‘has no 

authority either under an Act of 

Congress or under the Constitution’’ to 

make distributions that derive from 

antidumping and countervailing duties 

assessed on goods from Canada or 

Mexico, and that the Commissioner’s 

actions in having previously distributed 

such funds were ‘‘ultra vires and 

therefore unlawful.’’

Consequently, pending the outcome 

of any appeal, CBP will withhold fiscal 

year 2006 and subsequent years’ CDSOA 

distributions to the extent they derive 

from duties assessed pursuant to 

countervailing duty orders, 

antidumping duty orders, or findings 

under the Antidumping Act of 1921, on 

imports of goods from Canada or 

Mexico. Any funds inadvertently 

distributed under these cases for fiscal 

year 2006 or subsequent years will be 

subject to immediate recovery under 

applicable statutes and regulations, 

including 19 CFR 159.64. 

Fiscal year 2006 CDSOA distributions 

that derive from antidumping or 

countervailing duties on other than 

Canadian or Mexican goods will be 

made in accordance with established 

procedures in accordance with the 

‘‘Notice of intent to distribute offset for 

Fiscal Year 2006,’’ as published in the 

Federal Register (71 FR 31336) on June 

1, 2006. 

Dated: September 22, 2006. 

Deborah J. Spero, 

Acting Commissioner, Customs and Border 

Protection. 

[FR Doc. E6–15886 Filed 9–27–06; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

[Docket No. USCBP–2006–0116] 

Notice of Meeting of The Departmental 

Advisory Committee on Commercial 

Operations of Customs and Border 

Protection and Related Homeland 

Security Functions (COAC) 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security (DHS). 

ACTION: Notice of meeting. 

SUMMARY: The Departmental Advisory 

Committee on Commercial Operations 

of U.S. Customs and Border Protection 

and Related Homeland Security 

Functions (popularly known as 

‘‘COAC’’) will meet in open session. 

DATES: Thursday, November 9, 2006, 9 

a.m. to 1 p.m. 

ADDRESSES: The meeting will be held at 

U.S. Customs and Border Protection, 

Office of Field Operations, One Penn 

Plaza, Suite 1100, New York, NY. If you 

desire to submit comments, they must 

be submitted by November 2, 2006. 

Comments must be identified by 

USCBP–2006–0116 and may be 

submitted by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: traderelations@dhs.gov. 

Include docket number in the subject 

line of the message. 

• Mail: Ms. Wanda Tate, Office of 

Trade Relations, U.S. Customs and 

Border Protection, Department of 

Homeland Security, Washington, DC 

20229. 

• Facsimile: 202–344–1969. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security’’ and the docket 

number for this action. Comments 

received will be posted without 

alteration at http://www.regulations.gov, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received by the COAC, go to 

http://www.regulations.gov. 


sroberts on PROD1PC70 with NOTICES