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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules
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Lakes Pilotage Advisory Committee with identifying regulations, guidance, or information collections that that are outdated, ineffective, or exceed benefits and impose administrative burdens or costs on the maritime industry see 82 FR 32511, 82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
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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 CG719K, 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 10.301b2, which contains the 2-year maximum provision. This notice of proposed rulemaking NPRM also proposes to move current 10.301b4, without change, into its own paragraph. We would redesignate it as 10.301c and redesignate current 10.301c as 10.301d.
The standard maximum periods of validity for medical certificates in 10.301b1 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 10.301b 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
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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 mariners 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 pilots ability to serve under the authority of their endorsement.
This proposed rule would not change the regulations on medical waivers, limitations, and restrictions in 10.303
for not meeting the medical and physical requirements of 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 mariners 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 pilots 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
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