[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]               
[Page 74552-74553]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de06-110]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG 2006-25522]

 
Exercise of Authority To Require Pilots To Submit Results of 
Annual Chemical Test for Dangerous Drugs and Extension of Deadline for 
Pilots To Submit Most Recent Annual Physical Examination

ACTION: Notice.

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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 gross registered tons (GRT), 
and other individuals who ``serve as'' pilots on certain types of 
vessels greater than 1600 GRT, to provide the passing results of their 
annual chemical test for dangerous drugs to the Coast Guard, subject to 
certain exceptions. In addition, the Coast Guard is extending the 
deadline for pilots to submit the most recent copy of their annual 
physical examination.

FOR FURTHER INFORMATION CONTACT: Mr. Stewart A. Walker, National 
Maritime Center. Phone: 202-493-1022, e-mail: Stewart.A.Walker@uscg.mil

DATES: Unless excepted under 46 CFR 16.220(c), each pilot must do the 
following: Submit the passing results of his or her most recent annual 
chemical test for dangerous drugs to the Coast Guard on or before April 
11, 2007; submit the passing results of his or her annual chemical test 
for dangerous drugs to the Coast Guard no later than 30 calendar days 
after receiving the results of the test; and undergo a chemical test 
for dangerous drugs annually within 30 calendar days of the anniversary 
date of the individual's most recent chemical test for dangerous drugs.
    In addition, the Coast Guard is extending the deadline for pilots 
to submit a copy of their most recent physical examinations until April 
11, 2007. This information was initially requested to be submitted to 
the Coast Guard no later than December 27, 2006 in a Federal Register 
notice published on September 28, 2006 at 71 FR 56999.

SUPPLEMENTARY INFORMATION: On September 28, 2006, the Coast Guard 
provided notice that it is exercising its authority to require first 
class pilots on vessels greater than 1600 GRT, and those individuals 
who ``serve as'' pilots in accordance with 46 CFR 15.812(b)(3) & (c) on 
vessels greater than 1600 GRT, to submit copies of their annual 
physical examinations to the Coast Guard. 71 Fed. Reg. 56999. Copies of 
that notice, as well as this notice are available electronically by 
searching for docket number USCG-2006-25522 at http://dms.dot.gov. The 

purpose of the physical examination notice was to implement the 
recommendation made by 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. This notice is a continuation of the Coast Guard's efforts 
to fully implement the NTSB's recommendation.
    Coast Guard regulations require that, unless excepted under 46 CFR 
16.220(c), each pilot who is required to complete an annual physical 
examination must also pass a chemical test for dangerous drugs, and 
that he or she must submit the passing (i.e. negative) results of the 
chemical test to the Coast Guard when applying for license renewal, or 
when requested by the Coast Guard. 46 CFR 16.220(b). This includes 
first class pilots on vessels greater than 1600 GRT, and those 
individuals who ``serve as'' pilots in accordance with 46 CFR 
15.812(b)(3) &

[[Page 74553]]

(c) on vessels greater than 1600 GRT. Individuals who ``serve as'' 
pilots on vessels of not more than 1600 GRT are not required to 
complete an annual physical or pass an annual chemical test for 
dangerous drugs. Positive results of any Coast Guard required chemical 
test must be reported to the Coast Guard under other existing 
regulatory authority in 46 CFR part 16.
    In accordance with 46 CFR 16.220(c), individuals are excepted from 
the chemical test requirements if they provide satisfactory evidence 
that they have: (1) Passed a chemical test for dangerous drugs required 
by 46 CFR part 16 within the previous six months with no subsequent 
positive chemical tests during the remainder of the six-month period; 
or (2) during the previous 185 days been subject to a random testing 
program required by 46 CFR 16.230 for at least 60 days and did not fail 
or refuse to participate in a chemical test for dangerous drugs 
required pursuant to 46 CFR part 16.
    This notice serves as the request, pursuant to the authority set 
forth in 46 CFR 16.220(b), 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) on vessels greater 
than 1600 GRT, provide the passing results of their annual chemical 
tests for dangerous drugs to the Coast Guard, unless they provide 
satisfactory evidence that they have met the exceptions stated in 46 
CFR 16.220(c). This information should be submitted to the Regional 
Examination Center (REC) which issued the mariner's license.
    The Coast Guard may 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 licensed pilot serves as a 
first class pilot on vessels greater than 1600 GRT, or any other 
individual who ``serves as'' a pilot in accordance with 46 CFR 
15.812(b)(3) & (c) on vessels greater than 1600 GRT, fails to submit 
the results of his or her annual chemical test for dangerous drugs or 
satisfactory evidence that he or she has met the exceptions in 46 CFR 
16.220(c).
    Individuals with pilot licenses, pilot endorsements, master 
licenses and mate licenses (and individuals applying for those 
credentials) who do not serve as first class pilots on vessels greater 
than 1600 GRT, and do not otherwise ``serve as'' pilots in accordance 
with 46 CFR 15.812(b)(3) & (c) on vessels greater than 1600 GRT, do not 
need to submit the passing results of an annual chemical test for 
dangerous drugs pursuant to 46 CFR 16.220(b); however, they must do so 
before serving as first class pilots on vessels greater than 1600 GRT, 
or before otherwise ``serving as'' pilots in accordance with 46 CFR 
15.812(b)(3) & (c) on vessels greater than 1600 GRT.
    In addition, in response to the notice published September 28, 2006 
referenced above, the Coast Guard received a number of requests to 
extend the initial deadline of December 27, 2006 for pilots to submit a 
copy of their most recent physical examination in order to provide more 
time for compliance. The Coast Guard agrees and is extending the 
deadline to April 11, 2007.

    Dated: December 5, 2006.
L.W. Thomas,
Acting Director of National and International Standards, Assistant 
Commandant for Prevention.
[FR Doc. E6-21017 Filed 12-11-06; 8:45 am]

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