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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment
II. Abbreviations
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I. Public Participation and Request for Comments The Coast Guard views public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https www.regulations.gov. To do so, go to https www.regulations.gov, type USCG20200069 in the search box, and click Search. Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using https
www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select Supporting & Related Material in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https
www.regulations.gov Frequently Asked Questions web page. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we post to https www.regulations.gov will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020.
Public meeting. We do not plan to hold a public meeting but we will consider doing so if we determine from public comments that a meeting would be helpful. We would issue a separate Federal Register notice to announce the date, time, and location of such a meeting.

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BLS Bureau of Labor Statistics CFR Code of Federal Regulations DHS Department of Homeland Security DOT Department of Transportation DUI Driving under the influence DWI Driving while intoxicated FCP First-class pilot FR Federal Register GRT Gross registered tons GS General service MMC Merchant Mariner Credential MMLD Merchant Mariner Licensing and Documentation MMD Merchant Mariners Document NMC National Maritime Center NPRM Notice of proposed rulemaking OMB Office of Management and Budget REC Regional Examination Center Section STCW Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended STCW Convention International Convention on Standards of Training, Certification and Watchkeeping for Seafarers SME Subject matter expert U.S.C. United States Code USPS United States Postal Service
III. Basis and Purpose The purpose of this proposed rule is to extend the maximum period of validity of merchant mariner medical certificates issued to first-class pilots FCPs and masters or mates serving as pilot to 5 years, which would reduce the frequency that they must submit a medical certificate application to the Coast Guard. Reducing the frequency of medical certificate applications would reduce the administrative burden on the mariner submitting the application and on the Coast Guard when processing the application and issuing the medical certificate. This proposed rule would also amend the submission requirements for the results of the statutorily required annual physical examination for pilots serving on vessels greater than 1,600 gross register tons GRT.
The legal basis of this proposed rule is Title 46 of the United States Code U.S.C., Section 7101c, which authorizes the Coast Guard to issue licenses to pilots who are found qualified as to physical fitness and Section 7101cs other qualifications.
Title 46 U.S.C. 7101e2 further specifies that an individual may only be issued a license as pilot if they are found to be of sound health and have no physical limitations that would hinder or prevent them in the performance of a pilots duties. Section 7101e3 also requires each pilot serving on vessels 1,600 GRT or greater to have a thorough physical examination each year while holding the license. The Secretary of the
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Department of Homeland Security DHS has delegated these statutory authorities to the Coast Guard through DHS Delegation No. 00170.192e, Revision No. 01.2, which generally authorizes the Coast Guard to determine and establish the experience and professional qualifications required for the issuance of credentials.
Additionally, 14 U.S.C. 1023 grants the Coast Guard broad authority to promulgate and enforce regulations for the promotion of safety of life and property on waters subject to the jurisdiction of the United States.
IV. Background The Coast Guard issues Merchant Mariner Credentials MMCs and medical certificates to qualified mariners who meet the requirements in title 46 of the Code of Federal Regulations CFR, subchapter B, parts 10 through 13. The requirements for medical certification are described in 46
CFR part 10, subpart C. Currently, as described in 10.301, the medical certificate will be issued for various periods of time based upon the endorsements the mariner holds. For mariners employed or engaged on vessels to which the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers STCW Convention applies, the maximum validity period is 2 years.
For mariners serving as FCP, or masters or mates serving as pilot under 46 CFR
15.812, the maximum validity period is 2 years. For all other mariners serving on national MMC endorsements, the maximum validity period of the medical certificate is 5 years. Mariners may not be employed in a position requiring an MMC unless they hold a valid medical certificate as described in 15.401c.
Under the current requirements, FCPs and masters or mates who are serving as pilot on vessels of any tonnage must submit the results of a physical examination recorded on form CG
719K, the Application for Medical Certificate, to the Coast Guard every 2
years in order to maintain a valid medical certificate.
In accordance with 11.709, FCPs and masters or mates serving as pilot on vessels of 1,600 GRT or more are required to have an annual physical examination that meets the medical and physical requirements described in part 10 subpart C. This annual physical examination requirement for pilots serving on vessels of 1,600 GRT or more has been in place since the enactment of the Port and Tanker Safety Act of 1978 Pub. L. 95474 and is codified in 46 U.S.C. 7101e3. The Port and Tanker Safety Act was implemented as
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