Exercise of Authority To Require Pilots To Submit Annual Physical Examinations, 56999-57000 [06-8306]

Download as PDF Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices root cause of a maritime mishap. The NTSB, in their report on the 2003 collision of the Staten Island ferry ANDREW J. BARBERI, determined that the assistant captain’s unexplained incapacitation was a causal factor in the casualty, resulting in the deaths of 10 passengers and injuries to 70 others. The report recommended that the Coast Guard review several issues in the merchant mariner physical and medical evaluation process. The proposed NVIC is a critical component of the Coast Guard’s response to the NTSB report. Does this change current practices? The information contained in the proposed NVIC does not change current Coast Guard practices with respect to the physical and medical evaluation process. Rather, it puts the current practices into writing, making them transparent for all to see and promoting their consistent application. As such, it is not anticipated that the proposed NVIC will result in significantly higher rates of disqualification for mariners, nor in increased processing time for credential applications with physical and/or medical issues. To the contrary, as explained above, the Coast Guard expects the process to be fairer and less subjective, and we anticipate a reduction in application processing time, because all parties will know precisely what information is needed at the outset of the application process. sroberts on PROD1PC70 with NOTICES How does the proposed NVIC differ from the current NVIC 2–98? The current NVIC 2–98 defines approximately forty-seven medical conditions as potentially disqualifying, but provides specific guidance for only two of those conditions. The proposed NVIC has a more extensive list of medical conditions and guidance on how to address the Coast Guard’s safety concerns with respect to those conditions. What are the contents of the proposed NVIC? The guidance in the proposed NVIC has been developed by Coast Guard medical officers in consultation with MERPAC and experienced maritime community medical practitioners. The proposed NVIC reflects a synthesis of their recommendations, regulatory requirements, and the recommendations of leaders of other Federal transportation modes as to appropriate medical and physical standards. Enclosure (1) of the proposed NVIC provides guidance on medical certification standards. It lists the standards that apply to applicants for each of the various types of credentials. VerDate Aug<31>2005 20:16 Sep 27, 2006 Jkt 208001 Enclosure (2) provides guidance for determining if mariners are physically able to perform their duties. Enclosure (3) contains a list of potentially disqualifying medical conditions, medications and supplemental medical data to be submitted for medical review. Enclosure (4) contains guidance for evaluating vision and hearing. Enclosure (5) describes the medical review process. Once the Coast Guard has considered all comments and related material, we will publish a final, effective version of the NVIC for use as guidelines by the general public, mariners, and specifically, those professionals assessing the physical and medical condition of merchant mariners. The final, effective version of the NVIC will be posted on the electronic docket for this rulemaking as well as the NMC Web site at http://www.uscg.mil/hq/g-m/ nmc/web/index.htm. Dated: September 21, 2006. J.G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. 06–8305 Filed 9–22–06; 4:33 pm] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG 2006–25522] Exercise of Authority To Require Pilots To Submit Annual Physical Examinations ACTION: Notice. SUMMARY: By this notice, the Coast Guard is exercising authority currently set forth in Coast Guard regulations to require all first class pilots on vessels greater than 1600 GRT, and other individuals who ‘‘serve as’’ pilots on certain types of vessels greater than 1600 gross registered tons (GRT), to provide a copy of their annual physical examination to the Coast Guard. FOR FURTHER INFORMATION CONTACT: Mr. Stewart A. Walker, National Maritime Center. Phone: 202–493–1022, e-mail: Stewart.A.Walker@uscg.mil. DATES: All first class pilots on vessels greater than 1600 GRT, and other individuals who ‘‘serve as’’ pilots on certain types of vessels greater than 1600 GRT (as described in SUPPLEMENTARY INFORMATION below), must submit a copy of their most recent annual physical examination to the Coast Guard on or before December 27, PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 56999 2006. After that, pilots must submit a copy of their annual physical examination to the Coast Guard no later than 30 calendar days after completion of the physical examination each year. The annual physical examination must, by regulation, be completed within 30 calendar days of the anniversary date of the individual’s most recent satisfactorily completed physical examination. This notice implements the recommendation made the National Transportation Safety Board (NTSB), in their report on the 2003 allision of the Staten Island Ferry ANDREW J. BARBERI, that the Coast Guard require submission of annual pilot physicals. The Coast Guard agrees with the NTSB that it is not effective to require pilots to undergo annual physical examinations without an affirmative obligation for pilots to actually submit them to the Coast Guard for review. Title 46 CFR 10.709 already requires that first class pilots on vessels of 1600 GRT or more provide the Coast Guard with a copy of their most recent annual physical examination upon request, and that this physical examination must meet the requirements specified in Title 46 CFR 10.205(d). This includes those individuals who ‘‘serve as’’ pilots in accordance with Title 46 CFR 15.812(b)(3) & (c). Individuals who ‘‘serve as’’ pilots on vessels of not more than 1600 GRT in accordance with 46 CFR 15.812(b)(2) do not have an annual physical examination requirement. This document serves as the request, pursuant to the authority set forth in 46 CFR 10.709(e), that all first class pilots on vessels greater than 1600 GRT, and all other individuals who ‘‘serve as’’ pilots in accordance with 46 CFR 15.812(b)(3) & (c), provide a copy of their annual physical examination to the Coast Guard. The report of physical examination should be submitted to the Regional Examination Center (REC) which issued the mariner’s license. The report of physical examination will be reviewed by the Coast Guard in accordance with the standards in 46 CFR 10.205(d), as supplemented by the guidance contained in Navigation and Vessel Inspection Circular (NVIC) 2–98, ‘‘Physical Evaluation Guidelines for Merchant Mariner’s Documents and Licenses’’ or any superseding NVIC revising or replacing NVIC 2–98. The Coast Guard may initiate appropriate administrative action in the event any first class pilot—or any other individual ‘‘serving as’’ a pilot (as described above)—does not meet the SUPPLEMENTARY INFORMATION: E:\FR\FM\28SEN1.SGM 28SEN1 57000 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Notices physical examination requirements specified in 46 CFR 10.205(d), up to and including suspension or revocation of the mariner’s credential in accordance with Title 46 CFR Part 5. The Coast Guard may also initiate appropriate administrative action, up to and including suspension or revocation of the mariner’s credential in accordance with 46 CFR Part 5, if any first class pilot—or any other individual ‘‘serving as’’ a pilot (as described above)—fails to submit their annual physical examination to the Coast Guard. Individuals with pilot licenses, pilot endorsements, master licenses and mate licenses (and individuals applying for those credentials) who do not in fact serve as a first class pilot or otherwise ‘‘serve as’’ a pilot in accordance with 46 CFR 15.812(b)(3) & (c) do not need to submit an annual physical examination to the Coast Guard pursuant to 46 CFR 10.709(e); however, these individuals must submit an annual physical examination before serving as a first class pilot or otherwise ‘‘serving as’’ a pilot in accordance with 46 CFR 15.812(b)(3) & (c). Dated: September 21, 2006. J. G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. 06–8306 Filed 9–22–06; 4:33 pm] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection Notice of Withholding of Certain Distributions on Continued Dumping and Subsidy Offset to Affected Domestic Producers Customs and Border Protection, Department of Homeland Security. AGENCY: Notice of the withholding of certain offset distributions for Fiscal Year 2006 and subsequent years. sroberts on PROD1PC70 with NOTICES ACTION: SUMMARY: This document notifies the public that Customs and Border Protection (CBP), consistent with the Court of International Trade’s recent decision in Canadian Lumber Trade Alliance et al. v. United States, will be withholding distributions under the Continued Dumping and Subsidy Offset Act of 2000 that derive from antidumping and countervailing duties assessed on goods from Canada or Mexico. Fiscal year 2006 CDSOA distributions that derive from antidumping or countervailing duties on VerDate Aug<31>2005 20:16 Sep 27, 2006 Jkt 208001 other than Canadian or Mexican goods are not affected. DATES: Effective Date: September 28, 2006. FOR FURTHER INFORMATION CONTACT: Leigh Redelman, Revenue Division, Programs Branch, Office of Finance, (317) 614–4462. Dated: September 22, 2006. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. E6–15886 Filed 9–27–06; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTARY INFORMATION: Bureau of Customs and Border Protection Background The Court of International Trade (CIT) held in Canadian Lumber Trade Alliance et al. v. United States, Slip Op. 06–48 (April 7, 2006) (CLTA I) and Slip Op. 06–104 (July 14, 2006) (CLTA II), that pursuant to Section 408 of the North American Free Trade Agreement Implementation Act (codified at 19 U.S.C. 3438), the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA) (codified at 19 U.S.C. 1675c) does not apply to antidumping and countervailing duties assessed on imports of goods from Canada or Mexico. Specifically, the CIT held in CLTA I that the Commissioner of Customs and Border Protection (CBP) ‘‘has no authority either under an Act of Congress or under the Constitution’’ to make distributions that derive from antidumping and countervailing duties assessed on goods from Canada or Mexico, and that the Commissioner’s actions in having previously distributed such funds were ‘‘ultra vires and therefore unlawful.’’ Consequently, pending the outcome of any appeal, CBP will withhold fiscal year 2006 and subsequent years’ CDSOA distributions to the extent they derive from duties assessed pursuant to countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921, on imports of goods from Canada or Mexico. Any funds inadvertently distributed under these cases for fiscal year 2006 or subsequent years will be subject to immediate recovery under applicable statutes and regulations, including 19 CFR 159.64. Fiscal year 2006 CDSOA distributions that derive from antidumping or countervailing duties on other than Canadian or Mexican goods will be made in accordance with established procedures in accordance with the ‘‘Notice of intent to distribute offset for Fiscal Year 2006,’’ as published in the Federal Register (71 FR 31336) on June 1, 2006. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 [Docket No. USCBP–2006–0116] Notice of Meeting of The Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions (COAC) U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Notice of meeting. AGENCY: SUMMARY: The Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (popularly known as ‘‘COAC’’) will meet in open session. DATES: Thursday, November 9, 2006, 9 a.m. to 1 p.m. ADDRESSES: The meeting will be held at U.S. Customs and Border Protection, Office of Field Operations, One Penn Plaza, Suite 1100, New York, NY. If you desire to submit comments, they must be submitted by November 2, 2006. Comments must be identified by USCBP–2006–0116 and may be submitted by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: traderelations@dhs.gov. Include docket number in the subject line of the message. • Mail: Ms. Wanda Tate, Office of Trade Relations, U.S. Customs and Border Protection, Department of Homeland Security, Washington, DC 20229. • Facsimile: 202–344–1969. Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and the docket number for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received by the COAC, go to http://www.regulations.gov. E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Notices]
[Pages 56999-57000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8306]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG 2006-25522]


Exercise of Authority To Require Pilots To Submit Annual Physical 
Examinations

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: By this notice, the Coast Guard is exercising authority 
currently set forth in Coast Guard regulations to require all first 
class pilots on vessels greater than 1600 GRT, and other individuals 
who ``serve as'' pilots on certain types of vessels greater than 1600 
gross registered tons (GRT), to provide a copy of their annual physical 
examination to the Coast Guard.

FOR FURTHER INFORMATION CONTACT: Mr. Stewart A. Walker, National 
Maritime Center. Phone: 202-493-1022, e-mail: 
Stewart.A.Walker@uscg.mil.

DATES: All first class pilots on vessels greater than 1600 GRT, and 
other individuals who ``serve as'' pilots on certain types of vessels 
greater than 1600 GRT (as described in SUPPLEMENTARY INFORMATION 
below), must submit a copy of their most recent annual physical 
examination to the Coast Guard on or before December 27, 2006. After 
that, pilots must submit a copy of their annual physical examination to 
the Coast Guard no later than 30 calendar days after completion of the 
physical examination each year. The annual physical examination must, 
by regulation, be completed within 30 calendar days of the anniversary 
date of the individual's most recent satisfactorily completed physical 
examination.

SUPPLEMENTARY INFORMATION: This notice implements the recommendation 
made the National Transportation Safety Board (NTSB), in their report 
on the 2003 allision of the Staten Island Ferry ANDREW J. BARBERI, that 
the Coast Guard require submission of annual pilot physicals. The Coast 
Guard agrees with the NTSB that it is not effective to require pilots 
to undergo annual physical examinations without an affirmative 
obligation for pilots to actually submit them to the Coast Guard for 
review.
    Title 46 CFR 10.709 already requires that first class pilots on 
vessels of 1600 GRT or more provide the Coast Guard with a copy of 
their most recent annual physical examination upon request, and that 
this physical examination must meet the requirements specified in Title 
46 CFR 10.205(d). This includes those individuals who ``serve as'' 
pilots in accordance with Title 46 CFR 15.812(b)(3) & (c). Individuals 
who ``serve as'' pilots on vessels of not more than 1600 GRT in 
accordance with 46 CFR 15.812(b)(2) do not have an annual physical 
examination requirement.
    This document serves as the request, pursuant to the authority set 
forth in 46 CFR 10.709(e), that all first class pilots on vessels 
greater than 1600 GRT, and all other individuals who ``serve as'' 
pilots in accordance with 46 CFR 15.812(b)(3) & (c), provide a copy of 
their annual physical examination to the Coast Guard.
    The report of physical examination should be submitted to the 
Regional Examination Center (REC) which issued the mariner's license. 
The report of physical examination will be reviewed by the Coast Guard 
in accordance with the standards in 46 CFR 10.205(d), as supplemented 
by the guidance contained in Navigation and Vessel Inspection Circular 
(NVIC) 2-98, ``Physical Evaluation Guidelines for Merchant Mariner's 
Documents and Licenses'' or any superseding NVIC revising or replacing 
NVIC 2-98.
    The Coast Guard may initiate appropriate administrative action in 
the event any first class pilot--or any other individual ``serving as'' 
a pilot (as described above)--does not meet the

[[Page 57000]]

physical examination requirements specified in 46 CFR 10.205(d), up to 
and including suspension or revocation of the mariner's credential in 
accordance with Title 46 CFR Part 5. The Coast Guard may also initiate 
appropriate administrative action, up to and including suspension or 
revocation of the mariner's credential in accordance with 46 CFR Part 
5, if any first class pilot--or any other individual ``serving as'' a 
pilot (as described above)--fails to submit their annual physical 
examination to the Coast Guard.
    Individuals with pilot licenses, pilot endorsements, master 
licenses and mate licenses (and individuals applying for those 
credentials) who do not in fact serve as a first class pilot or 
otherwise ``serve as'' a pilot in accordance with 46 CFR 15.812(b)(3) & 
(c) do not need to submit an annual physical examination to the Coast 
Guard pursuant to 46 CFR 10.709(e); however, these individuals must 
submit an annual physical examination before serving as a first class 
pilot or otherwise ``serving as'' a pilot in accordance with 46 CFR 
15.812(b)(3) & (c).

    Dated: September 21, 2006.
J. G. Lantz,
Director of National and International Standards, Assistant Commandant 
for Prevention.
[FR Doc. 06-8306 Filed 9-22-06; 4:33 pm]
BILLING CODE 4910-15-P