56998 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices 

NICEATM can be found at the following 

Web site: http:// 

www.iccvam.niehs.nih.gov. 

Dated: September 18, 2006. 

Samuel H. Wilson, 

Deputy Director, National Institute of 

Environmental Health Sciences and National 

Toxicology Program. 

[FR Doc. E6–15972 Filed 9–27–06; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[USCG 2006–25080] 

Medical and Physical Evaluation 

Guidelines for Merchant Mariner 

Credentials 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Coast Guard announces 

the availability of, and seeks public 

comment on, a draft Navigation and 

Vessel Inspection Circular (NVIC) to 

replace the existing NVIC 2–98, 

‘‘Physical Evaluation Guidelines for 

Merchant Mariner’s Documents and 

Licenses.’’ The new proposed NVIC is 

entitled ‘‘Medical and Physical 

Evaluation Guidelines for Merchant 

Mariner Credentials.’’ It will be 

officially numbered if and when it 

becomes effective. The contents of this 

NVIC were developed from 

recommendations and input provided 

by the Merchant Marine Personnel 

Advisory Committee (MERPAC) and 

experienced maritime community 

medical practitioners. A copy of the 

proposed NVIC has been posted to the 

public docket for this notice, and it is 

available as described under ADDRESSES. 

DATES: Comments and related material 

must reach the Docket Management 

Facility on or before November 27, 

2006. 

ADDRESSES: The proposed NVIC is 

available on the Internet at http:// 

dms.dot.gov, under this docket number 

[USCG 2006–25080]. It is also available 

from Mr. Mark Gould, Maritime 

Personnel Qualifications Division, 

Office of Operating and Environmental 

Standards, Commandant (G–PSO–1), 

U.S. Coast Guard Headquarters, 

telephone 202–372–1409, or e-mail 

address: Mark.C.Gould@uscg.mil. 

The Coast Guard encourages you to 

submit comments. The most helpful 

comments will include the specific 

section of the proposed NVIC to which 

each comment applies, as well as the 

reason for each comment. Comments 

should be identified by USCG docket 

number USCG–2006–25080. Please 

include your name and address with 

your comments and submit using ONE 

of the following methods: 

(1) Web site: http://dms.dot.gov. 

(2) Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Room PL–401, 

Washington, DC 20590–0001. 

(3) Fax: 202–493–2251. 

(4) Delivery: Room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366–

9329. 

(5) Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions on the Web site. 

The Docket Management Facility 

maintains the public docket for this 

notice. Comments and related material 

received from the public, as well as 

documents mentioned in this notice 

(including the proposed NVIC), will 

become part of this docket and will be 

available for inspection or copying at 

room PL–401 on the Plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Copies of the docket may also be viewed 

on the internet at: http://dms.dot.gov 

and http://www.regulations.gov. 

If you mail or deliver your comments 

and material, they must be on 81⁄2-by11-inch paper, and the quality of the 

copy should be clear enough for copying 

and scanning. If you mail your 

comments and material and would like 

to know whether the Docket 

Management Facility received them, 

please enclose a stamped, self-addressed 

postcard or envelope. The Coast Guard 

will consider all comments and material 

received during the 60-day comment 

period. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this notice or on the 

proposed NVIC, e-mail or call Mr. Gould 

where indicated under ADDRESSES. For 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Management System, U.S. Department 

of Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001; telephone (202) 493–0402. 

SUPPLEMENTARY INFORMATION: 

What action is the Coast Guard taking? 

The proposed NVIC contains revised 

guidelines for evaluating the physical 

and medical conditions of applicants for 

merchant mariner’s documents (MMD), 

licenses, certificates of registry and 

STCW endorsements, collectively 

referred to as ‘‘credential(s).’’ The 

purpose of the proposed NVIC is to 

replace the existing NVIC 2–98. It also 

provides guidance for evaluating the 

physical and medical conditions of 

applicants for merchant mariner 

credentials (MMCs), if and when the 

Coast Guard begins issuing MMCs as 

proposed in 71 FR 29462, 

‘‘Consolidation of Merchant Mariner 

Qualification Credentials.’’

Why is the Coast Guard taking this 

action? 

The International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended (STCW) requires each party to 

establish standards of medical fitness 

for seafarers. Title 46 United States 

Code, Subtitle II, Part E, and Title 46 

Code of Federal Regulations (CFR) 

subpart B require that mariners be 

physically able to perform their duties, 

using terms such as ‘‘general physical 

condition,’’ ‘‘good health’’ and ‘‘of 

sound health.’’ Title 46 CFR parts 401 

and 402 contain special requirements 

for registration as a Great Lakes Pilot, 

including the requirement to ‘‘pass a 

physical examination given by a 

licensed medical doctor.’’ None of these 

references contain specific standards, 

with the exception of visual acuity and 

color vision, for determining if mariners 

are physically and medically qualified. 

The lack of specificity in the above 

statutes and regulations has led to 

confusion and unnecessary delays in 

processing credential applications as 

well as inconsistent evaluations by 

medical practitioners conducting 

examinations of credential applicants. 

Moreover, it has caused confusion on 

the part of Coast Guard personnel 

charged with determining whether a 

credential should be issued. The 

proposed NVIC provides the specificity 

that the above statutes and regulations 

lack. It details the specific medical and 

physical conditions that are potentially 

disqualifying, and the data 

recommended for evaluation of each of 

these conditions. This is expected to 

reduce the inconsistency and 

subjectivity of the medical evaluation 

process and eliminate the guesswork 

that mariners may currently encounter 

as to what specific physical and medical 

information is needed to process their 

applications. 

In addition, there are public safety 

risks associated with some medical and 

physical conditions, particularly when 

these conditions may result in the 

sudden incapacitation of mariners on 

vessels. These conditions can be the 


sroberts on PROD1PC70 with NOTICES
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