[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Rules and Regulations]
[Pages 31521-31523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14700]
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NATIONAL SCIENCE FOUNDATION
45 CFR Part 675
Medical Screening for NSF-Sponsored Personnel Traveling to
Antarctica
AGENCY: National Science Foundation.
ACTION: Final Rule with request for comments.
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SUMMARY: The National Science Foundation (NSF), as operator and manager
of the United States Antarctic Program (USAP), is assuming from the
Department of the Navy the responsibility for medical screening of all
persons who travel to Antarctica under the auspices of the USAP. This
rule sets forth the procedures, patterned on the current Navy
procedures, that the USAP will use in performing the medical screening.
DATES: This rule is effective July 10, 1997. Comments, however, are
welcome at any time and will be considered in making future revisions
or modifications to the rule.
ADDRESSES: All comments should be addressed to: Harry Mahar, Safety and
Health Officer, at Office of Polar Programs, Room 755, National Science
Foundation, 4201 Wilson Blvd., Arlington, VA 22230.
FOR FURTHER INFORMATION CONTACT:
Harry Mahar by telephone at (703) 306-1032 (not a toll-free number) or
by electronic mail at hmahar@nsf.gov through the INTERNET.
SUPPLEMENTARY INFORMATION: Presidential Memorandum no. 6646 (February
5, 1982) sets forth the National Science Foundation's overall
management responsibilities for the entire United States national
program in Antarctica. That Memorandum instructed the NSF to maintain
the United States Antarctic Program (USAP) as an active and influential
presence in Antarctica designed to support the range of U.S. antarctic
interests. It directed the NSF to draw upon the capabilities of other
government agencies, on a cost-reimbursable basis, and commercial
support entities in meeting its managerial role in a cost-effective
manner.
The NSF has utilized the Department of the Navy, as the Executive
Agent of the Department of Defense, to provide operational and logistic
support to the USAP, as described in an interagency
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Memorandum of Agreement dated October 3, 1985. That Memorandum of
Agreement stipulated that the Navy would, among other services,
medically screen all USAP personnel for travel to Antarctica and
provide medical and dental services to USAP participants while deployed
there.
In conducting medical screening, the USAP uses criteria set forth
in the U.S. Navy's Manual of the Medical Department/Bureau of Medicine
and Surgery (Article 15-64), a Navy regulation, which was established
over its forty year presence in Antarctica. The criteria reflect the
demands of the harsh Antarctic environment. Depending on assignment,
personnel may be working at terrestrial elevations as high as 12,000
feet (3,600 meters) and at temperatures as low as -123 deg.F
(-86 deg.C) and may be isolated for up to nine months. Moreover,
medical facilities in Antarctica are limited, and may be distant or
inaccessible from working or research sites. In medical emergencies,
timely evacuation to more comprehensive medical facilities off the
Antarctic continent may be impossible depending upon the location and
time of deployment. Rigorous screening criteria are therefore necessary
to identify individuals who are physically qualified and
psychologically adapted for assignment or travel to Antarctica.
Over the last several years, the Navy's involvement with the USAP
has been reduced by mutual agreement, and many of the functions
historically provided by the Navy are being transferred to other
governmental and private sector entities. The medical care function,
including the medical screening of USAP participants, will be
transferred from the Navy to civilian contract support on October 1,
1997. During the transition, the NSF will continue to utilize the same
screening criteria previously established for the USAP.
The NSF is publishing this final rule to prevent any discontinuity
in the medical screening process during the transition period. Because
this rule preserves the status quo and has no effect on any individual
beyond those already covered by the existing Navy regulation, it is
being issued in final form.
Determinations
I have determined under the criteria set forth in Executive Order
12866 that this rule is not a significant regulatory action requiring
review by the Office of Information and Regulatory Affairs. In
addition, this rule is excepted from the Administrative Procedure Act,
5 U.S.C. 553(a)(2), because it ``relat[es] to loans, grants [or]
benefits,'' and is related to NSF's internal management of the USAP.
Therefore, the APA does not require publication of a proposed rule for
public comment. The Regulatory Flexibility Act also does not apply to
this regulation because this regulation was not required to be
promulgated as a proposed rule by the Administrative Procedure Act
(APA), 5 U.S.C. 553, or by any other law. Consequently, no Regulatory
Flexibility Analysis has been or will be prepared. I have reviewed this
rule in light of Section 2 of Executive Order 12778 and certify for the
National Science Foundation that this rule meets the applicable
standards provided in sections 2(a) and 2(b) of that order. Finally, I
have determined that this rule does not require Congressional review
before taking effect pursuant to 5 U.S.C. 804(3)(B) because it involves
NSF's internal management of the USAP.
Dated: May 13, 1997.
Lawrence Rudolph,
General Counsel.
List of Subjects in 45 CFR Part 675
Antarctica, Government employees, Health and safety, Scientists.
For the reasons set forth in the preamble, 45 CFR Chapter VI is
amended by adding part 675 to read as follows:
PART 675--MEDICAL CLEARANCE PROCESS FOR DEPLOYMENT TO ANTARCTICA
Sec.
675.1 Purpose and authority.
675.2 Medical examinations.
675.3 Medical clearance criteria.
675.4 Waiver process.
Authority: 42 U.S.C. 1870.
Sec. 675.1 Purpose and authority.
(a) This part sets forth the procedures for medical screening to
determine whether candidates for participation in the United States
Antarctic Program (USAP) are physically qualified and psychologically
adapted for assignment or travel to Antarctica. Medical screening
examinations are necessary to determine the presence of any physical or
psychological conditions that would threaten the health or safety of
the candidate or other USAP participants or that could not be
effectively treated by the limited medical care capabilities in
Antarctica.
(b) Presidential Memorandum No. 6646 (February 5, 1982) (available
from the National Science Foundation, Office of Polar Programs, Room
755, 4201 Wilson Blvd., Arlington, VA 22230) sets forth the National
Science Foundation's overall management responsibilities for the entire
United States national program in Antarctica.
Sec. 675.2 Medical examinations.
(a) Any individual seeking to travel to Antarctica under
sponsorship of the United States Antarctic Program must undergo a
medical and dental examination to determine whether the individual is
physically qualified for deployment to Antarctica.
(b) The medical and dental examinations may be conducted by a
qualified licensed physician or dentist of the candidate's choosing, or
designated by the employing organization, following instructions
provided by the USAP. The medical examinations shall include a medical
history, physical examination and appropriate clinical tests which
address major organ systems for medical conditions inconsistent with
safe deployment to Antarctica.
(c) The candidate's physician/dentist will submit the required
medical information on the appropriate USAP-provided forms to a USAP-
designated physician who will determine whether the individual is
qualified for deployment to Antarctica based upon Medical Clearance
Criteria established by the USAP. All information requested on the
forms shall be provided.
(d) Candidates who anticipate spending the austral winter in
Antarctica (when evacuation may be impossible) are subject to
additional evaluation, including a determination of psychological
adaptability for such an isolated assignment. Psychological evaluations
of ``winter-over'' candidates shall be performed by a qualified team of
USAP-designated physicians/clinical psychologists.
Sec. 675.3 Medical clearance criteria.
(a) The USAP shall establish Medical Clearance Criteria for
determining eligibility for deployment to Antarctica. (See Medical
Standards for Antarctic Deployment available from the National Science
Foundation, Office of Polar Programs, Room 755.09 4201 Wilson Blvd.,
Arlington, VA 22230).
The criteria will include examination of the following major organ
systems:
(1) Lungs and chest wall.
(2) Heart and vascular system.
(3) Abdominal organs and gastrointestinal system.
(4) Endocrine or metabolic system.
(5) Genitalia and urinary system.
(6) Musculoskeletal.
(7) Skin and cellular tissues.
(8) Neurological Disorders.
(9) Psychiatric or psychological.
(10) Dental.
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(b) The USAP may review and revise the Medical Clearance Criteria
periodically as appropriate.
Sec. 675.4 Waiver process.
(a) If an individual is found not physically qualified for
deployment to Antarctica, the USAP's contractor will inform the
individual of the determination and of the administrative waiver
process, and will provide a waiver application package to the
individual upon request.
(b) The waiver applicant should send the completed waiver
application package to the USAP's contractor which will forward the
package to NSF's Office of Polar Programs for review and a
determination on the appropriateness of a waiver. In making the waiver
determination, the Office of Polar Programs may consult with other
qualified medical personnel and may require waiver applicants to take
further medical examinations or to furnish additional medical
documentation in support of the waiver application.
(c) The Director, Office of Polar Programs (or designee) will make
a final determination, in the exercise of his or her discretion, on the
appropriateness of a waiver on a case-by-case basis.
(d) Individuals for whom a waiver is determined to be appropriate
are eligible for deployment to Antarctica subject to any necessary
limitations/restrictions identified by the Director, Office of Polar
Programs, or designee.
[FR Doc. 97-14700 Filed 6-9-97; 8:45 am]
BILLING CODE 7555-01-M
