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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules
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issued 2-year medical certificates and are required to submit the physical examination results with their application for a new medical certificate every 2 years. These mariners include pilots on less than 1,600 GRT and masters or mates who serve as pilots on vessels of less than 1,600 GRT. These mariners who serve exclusively as pilot on vessels of less than 1,600 GRT are not subject to the annual physical examination requirement in 11.709
and would not be subject to the new submission requirements in 11.709 of this proposed rule. Under this proposed rule, pilots, masters, and mates who serve as pilot on only vessels less than 1,600 GRT would be issued 5-year medical certificates and would submit the results of a physical exam to the Coast Guard every 5 years when applying for a new medical certificate.
Even without an annual physical exam requirement, we believe allowing these mariners to have 5-year medical certificates like all other national endorsements does not pose a large risk to maritime safety by allowing them to pilot a vessel for the 5-year period.
When masters or mates serve as pilot on vessels less than 1,600 GRT, it is typically a small fraction of their duties.
Prior to the Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to National Endorsements final rule 78
FR 77796, Dec. 24, 2013, which took effect on March 24, 2014, this same group of mariners serving as pilot on vessels less than 1,600 GRT were issued 5-year medical certificates. Masters and mates serving as pilots on vessels less than 1,600 GRT were not required to take an annual physical exam either before or after the rule mentioned above.
The Coast Guard does not have data to determine whether there was a change in the number of marine incidents caused by medical issues in this group of pilots when their medical certificates were issued with 5-year validity periods.
B. 46 CFR 11.709: Annual Physical Examination Requirements for Pilots of Vessels of 1,600 GRT or More Section 11.709 contains the requirements for pilots of vessels 1,600
GRT or more to undergo an annual physical examination. This section specifies when the annual physical examinations must be conducted, how the examination results are recorded, and how often the examination results are reported to the Coast Guard.
To ensure consistency with 46 U.S.C.
7101e3, we propose to clarify the
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applicability of this section by including masters or mates serving as pilot on vessels of 1,600 GRT or more, under 15.812, in the introductory text of 11.709b. Adding these mariners to 11.709b would provide additional clarity on the applicability of the annual physical examination requirements.
Paragraph b of this section currently states that the examination results are to be reported to the Coast Guard every other year to coincide with the current 2-year maximum period of validity of medical certificates. Because this proposed rule would extend the pilots medical certificate to a 5-year maximum period of validity, we also propose to remove the every-other-year form CG
719K submission requirement for pilots.
This proposed rule would revise the section to state that the physical examination results must be submitted on form CG719K to the Coast Guard every 5 years, in accordance with the medical certificate application requirements in 10.301 and 10.304.
In practice, pilots who meet the medical and physical standards in 46 CFR part 10 would generally be required to report the results of the annual examination to the Coast Guard only when applying for a medical certificate, every 5 years.
The Coast Guard recognizes that when medical certificates remain valid for 5
years, as opposed to 2 years, there is a higher risk that someone could have a valid medical certificate for a significant time period after developing a disqualifying medical condition. In order to reduce the risk created by extending the validity period of the medical certificate, this proposed rule would require FCPs and masters or mates who serve as pilot on vessels that are 1,600 GRT or more to submit their annual physical examination results to the Coast Guard if any of the following circumstances occur: 1 The examining medical practitioner documents that the individual does not meet the physical ability requirements described in 10.304c; 2 the examining medical practitioner documents that the individual has a condition that does not meet the general medical exam requirements described in 10.304a, the vision requirements described in 10.305, or the hearing requirements described in 10.306; 3 the examining medical practitioner documents that the individual is not recommended for a medical certificate or needs further review by the Coast Guard; or 4 the Coast Guard requests the results.
We propose requiring self-submission of the medical examination to the Coast Guard when these pilots do not meet the requirements for physical abilities, general medical examination, vision or
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hearing, or are not recommended for a medical certificate, so that the Coast Guard can further review the results of the medical exam. As part of the review, the Coast Guard may request additional information in the interest of mariner safety and full performance of the pilots duties.
Service on vessels may be arduous and impose unique physical and medical demands on pilots. The submission requirements would support our statutory responsibility under 46
U.S.C. 7101 to ensure that pilots are physically and medically fit to pilot a vessel. The public safety risks associated with the medical and physical condition of pilots on vessels are important considerations for the safe operation of vessels and the safety and well-being of the crew. As stated in 11.709b, the pilots annual physical examination would continue to be recorded on form CG719K, which documents physical ability, medical conditions, and hearing and vision requirements. Form CG719K also documents whether a mariner is not recommended, which could prompt a submission under the proposed requirements in 11.709b13. The annual physical examination documentation and scope are unchanged and would remain the same under this proposed rule.
Moreover, we propose to clarify that the Coast Guard can request the results of the physical examination as part of marine casualty investigations, where more frequent monitoring of a medical condition is specified in a waiver, and in other cases that prompt further review.
As stated in 11.701d, the Coast Guard only issues FCP endorsements for tonnages of 1,600 GRT or more.
Therefore, all FCPs serving under the authority of their FCP endorsement would continue to be required to undergo the statutorily required annual physical examinations and would be subject to the proposed submission requirements in 11.709. However, as noted previously, masters and mates serving as pilot on vessels less than 1,600 GRT would not be subject to the physical examination and proposed submission requirements in 11.709.
The Coast Guard does not have data to determine whether there was a change in the number of marine incidents caused by medical issues in masters or mates serving as pilot on vessels less than 1,600 GRT when the medical certificates were issued with 5-year validity periods.
In 11.709, we also propose to move the text specifying that each annual physical examination must meet the
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