[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Notices]
[Page 56998-56999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se06-79]
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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.
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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
8\1/2\-by-11-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
[[Page 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]
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