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lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules piloting performance and maritime safety, unacceptable. We made this determination after considering the unique physical and cognitive demands placed on pilots in performing their duties, and maritime casualties that were directly related to a FCPs physical ability to perform their duties. We considered casualties such as the 2003
Staten Island Ferry allision, which resulted in more than $8 million in damages and losses, and the 2007 Cosco Busan incident, which resulted in more than $70 million in environmental damages and other losses. Both casualties were directly attributed to the pilots inability to properly manage the vessel due to underlying medical conditions that were not reported to the Coast Guard within the 5 year medical certificate validity period. The risk that mariners can develop new medical conditions within the 5 year medical certificate validity period is mitigated by the proposed self-reporting requirements. As evidenced by these maritime accidents and potential for extraordinary damages to the public, the environment, and the maritime industry, any potential benefit derived from excluding the interim selfreporting requirement on behalf of FCPs is not a risk deemed acceptable by the Coast Guard.
Alternative 3. The third alternative we considered was extending the maximum period of validity of the medical certificate to 5 years, and requiring FCPs 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.
With this third alternative, FCPs would apply for the medical certificates every 5 years and would only have to report the results of their medical examination between applications if any of the 4
conditions apply. This alternative mitigates the potential for increased safety risks identified under the second alternative, resulting from having mariners with underlying medical issues operating as FCPs. The potential for risk is increased when the Coast Guard does not have the opportunity to review the physical exams of mariners whose medical practitioners have diagnosed them with medical conditions that may impact their piloting performance. Therefore, the
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third alternative was chosen in this proposed rule.
B. Small Entities Under the Regulatory Flexibility Act, 5 U.S.C. 601612, we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities.
The term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
This proposed rule would reduce the burden on industry by extending the maximum period of validity of merchant mariner medical certificates for FCPs, and masters and mates serving as pilot, from 2 years to 5 years. Since the medical certificate is in the mariners name and not an entitys, the affected mariners would receive the cost savings from this proposed rule. Hence, the changes in this proposed rule would affect individuals, not businesses or other small entities as defined by the Small Business Administration in 13
CFR 121.201.
Therefore, the Coast Guard certifies under 5 U.S.C. 605b that this proposed rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment to the docket at the address listed in the ADDRESSES section of this preamble. In your comment, explain why you think it qualifies and how and to what degree this proposed rule would economically affect it.
C. Assistance for Small Entities Under section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104
121, we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking.
If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

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Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247.
D. Collection of Information The Coast Guard has determined that this proposed rule would call for a change to an existing collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
3520. As defined in 5 CFR 1320.3c, collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The title and description of the information collections, a description of those who must collect the information, and an estimate of the total annual burden follow. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection.
The information collection associated with this proposed rule is the currently approved collection OMB Control No.
16250040 Application for Merchant Mariner Credential MMC, Application for Merchant Mariner Medical Certificate, Applications for Merchant Mariner Medical Certificate for Entry Level Ratings, Small Vessel Sea Service Form, DOT/USCG Periodic Drug Testing Form, Disclosure Statement for Narcotics, DWI/DUI, and/or Other Convictions, Merchant Mariner Medical Certificates, Recognition of Foreign Certificate, which covers all information collected for merchant mariner credentialing. The proposed revisions to 46 CFR 10.301 and 15.401
would extend the maximum validity period of the mariner medical certificate for FCPs and masters or mates serving as pilot from 2 years to 5 years. The proposed change to the maximum validity period of the medical certificate for pilots would reduce the frequency and burden of response estimates of the current information collection request.
Title: Application for Merchant Mariner Credential MMC, Application for Medical Certificate, Application for Medical CertificateShort Form, Small Vessel Sea Service Optional Form, DOT/USCG Periodic Drug Testing Optional Form, and Disclosure
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