Federal Register - August 27, 2021

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Source: Federal Register

48094

Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules
requirements in 46 CFR, part 10, subpart C, and be recorded on form CG719K, from existing paragraph c into paragraph b. We are proposing to move this requirement into paragraph b so that all the information on the annual physical examination requirements are in the same paragraph.
In conjunction with moving paragraph c into paragraph b, this proposed rule would redesignate current 11.709d as 11.709c, without change.
This proposed rule would add a new paragraph 11.709d to clarify that masters or mates serving as pilot on vessels of 1,600 GRT or more under 15.812 may not serve on these vessels if they do not meet the annual physical examination and submission requirements specified in 11.709b.
This new paragraph d would not change any of the current requirements or consequences for masters or mates serving as pilot on vessels of 1,600 GRT
or more but, rather, would reiterate the annual physical examination requirements for masters or mates serving as pilot already required in 15.812. Masters or mates serving as pilot on vessels of 1,600 GRT or more who fail to meet the physical examination requirements in 11.709
may still operate under the authority of their master or mate endorsement, but would not be authorized to pilot a vessel of 1,600 GRT or more.

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C. 46 CFR 15.401: Employment and Service Restrictions Within the Pilot Credential This proposed rule also aligns the employment requirements in 15.401
with the proposed 5-year maximum period of validity of medical certificates for FCPs or masters or mates serving as pilot so that it reflects the proposed change made in 10.301b. Section 15.401c states that a person may not employ an individual if that individual does not hold a valid medical certificate. This section currently lists the maximum validity period of the medical certificate as 2 years for FCPs and masters or mates serving as a pilot.
This proposed rule would amend this section to say that all mariners including pilots, where the STCW
Convention does not apply, will be issued a 5-year medical certificate unless otherwise noted on the certificate.
Additionally, throughout 15.401, this proposed rule would remove obsolete terminology referring to
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licenses, certificates of registry, and Merchant Mariners Documents MMDs. The Coast Guard ceased issuing licenses, certificates of registry, and MMDs in 2009 when we transitioned to the streamlined MMC
with the Consolidation of Merchant Mariner Qualification Credentials final rule see 74 FR 11195, March 16, 2009.
All mariners now hold an MMC.
We also propose revising 15.401c1 by removing the outdated grandfathering clause, after January 1, 2017, because the referenced date has passed and the section is now applicable to all medical certificates issued to individuals serving on vessels where the STCW Convention applies.
D. 46 CFR 15.812, Table 1 to 15.812e1: Masters or Mates Serving as Pilot on Vessels of 1,600 GRT or More This proposed rule includes a correction to Table 1 to 15.812e1.
Currently, 15.812b2 states the requirements for masters or mates to serve as pilot on vessels of not more than 1,600 GRT. There is no requirement in paragraph b2 for these masters and mates serving on vessels less than 1,600 GRT to undergo an annual physical examination. This is consistent with 11.709a, which stipulates that the annual physical examination requirement only applies to individuals who pilot a vessel of 1,600 GRT or more. However, in Table 1 to 15.812e1, Quick Reference Table for Federal Pilotage Requirements for U.S.-Inspected, Self-Propelled Vessels, Not Sailing on Register, the requirement for a master or mate serving as pilot on vessels not more than 1,600
GRT to have an annual physical exam was added in error. This error was incorporated into the table with the implementation of the final rule, Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to National Endorsements 78
FR 77796, Dec. 24, 2013, which took effect on March 24, 2014. We propose to remove the erroneous annual physical exam requirement in Table 1, under the third column, Non-designated areas of pilotage waters between the 3-mile limit and start of traditional pilotage routes. This proposed removal of text would align the table with the corresponding regulatory text in section 15.812b2, as well as the applicability of the annual physical examination requirements in
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11.709a. This correction to the table would not change the requirements for these mariners, because the Coast Guard has not required masters or mates serving as a pilot on vessels with less than 1,600 GRT to complete an annual physical examination.
VI. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking.
A summary of our analyses based on these statutes or Executive orders follows.
A. Regulatory Planning and Review Executive Orders 12866 Regulatory Planning and Review and 13563
Improving Regulation and Regulatory Review direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Management and Budget OMB has not designated this proposed rule a significant regulatory action under section 3f of Executive Order 12866. Accordingly, OMB has not reviewed it. A regulatory analysis follows.
Summary of Affected Population, Costs Savings, and Benefits This proposed rule would extend the maximum period of validity of merchant mariner medical certificates issued to FCPs and masters or mates serving as pilot from 2 years to 5 years.
This proposed rule would reduce the frequency of medical certification application submissions to the Coast Guard. First-class pilots and masters and mates who serve as pilot on vessels of 1,600 GRT or more would be required to submit the results of their annual physical examinations to the Coast Guard between medical certificate applications if: 1 The mariner does not meet the physical ability requirements;
2 the mariner has a condition that does not meet the medical, vision, or hearing requirements; 3 the mariner is deemed not recommended by a medical practitioner for a medical certificate; or 4 upon request by the Coast Guard.

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Federal Register - August 27, 2021

TitreFederal Register

PaysÉtats-Unis

Date27/08/2021

Page count293

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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