Medical Screening for NSF-Sponsored Personnel Traveling to Antarctica

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 [email protected] 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]

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