[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8308-8309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3663]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 15
[CGD 94-041]
RIN 2115-AE92
Radar-Observer Endorsement for Operators of Uninspected Towing
Vessels
AGENCY: Coast Guard, DOT.
ACTION: Interim rule; reopening of comment period.
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SUMMARY: On October 26, 1994 (59 FR 53754), the Coast Guard published
an interim rule establishing radar-training requirements for licensed
masters, mates, and operators of radar-equipped uninspected towing
vessels 8 meters (approximately 26 feet) or more in length. Under the
interim rule, on February 15, 1995, these licensed persons would be
required to hold either an endorsement as a radar observer or, if
holding a valid license issued before February 15, 1995, a certificate
from a Radar-Operation course. In response to comments from members of
the regulated public, the Coast Guard is amending the interim rule to
change the date on which the radar-observer endorsement or the Radar-
Operation course certificate will be required from February 15, 1995,
to June 1, 1995. The Coast Guard is also reopening the comment period
to solicit additional public involvement in this rulemaking.
DATES: This interim rule is effective on February 14, 1995. Comments
must be received before June 1, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA, 3406) (CGD 94-041), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Spears, Jr., Project
Manager, Office of Marine Safety, Security, and Environmental
Protection (G-MVP-3), (202) 267-0224, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 94-041) and the specific section of this
rule to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this rule in view of the comments.
Drafting Information
The principal persons involved in the drafting of this document are
Mr. Robert S. Spears, Jr., Project Manager, Office of Marine Safety,
Security, and Environmental Protection, Mr. Patrick J. Murray, Project
Counsel, Office of the Chief Counsel, and Commander Thomas Cahill,
Office of the Chief Counsel.
Regulatory Information
This rule amends an interim rule issued by the Coast Guard on
October 26, 1994 (59 FR 53754). Comments received from members of the
regulated public have indicated that difficulties were encountered in
obtaining the required training in the time allowed. This rule amends
the date by which a license endorsement or a certificate of training
must be obtained, and relieves a potential burden on members of the
regulated public by providing additional time to achieve compliance. It
should not adversely affect navigation safety. Therefore, under 5
U.S.C. 553(d)(3), the Coast Guard certifies that good cause exists for
this rule to be effective upon publication.
Background
Following the derailment of the Amtrak Sunset Limited, with
extensive injury and loss of life, on September 22, 1993, the Coast
Guard conducted a study of uninspected towing vessel safety. The study
made a number of recommendations for improving safety in the towing
industry. One of the recommendations was to require radar observer
training and endorsements for operators of radar-equipped uninspected
towing vessels 8 meters (approximately 26 feet) or more in length. That
recommendation was approved, and on October 26, 1994 (59 FR 53754), the
Coast Guard published an interim rule establishing requirements for
radar training. The interim rule also added topics to the list of
required subjects taught in approved radar-training courses that must
be completed in order to receive a radar-observer endorsement.
The interim rule went into effect on November 25, 1994. However, to
provide a reasonable opportunity for affected persons to complete the
training and obtain the required endorsements, 46 CFR 15.815(c)
provided that the endorsement was required only for those licenses to
be issued after February 15, 1995. Persons holding valid licenses
issued prior to February 15, 1995, would be required to undergo basic
radar training and receive a certificate of completion for that
training prior to February 15, 1995. Without the endorsement or
certificate of completion, after February 15, 1995, no person may serve
as a master, mate, or operator of a radar-equipped towing vessel, 8
meters (approximately 26 feet) or more in length, required to have a
licensed operator. For a person holding a license issued before
February 15, 1995, the additional training needed to qualify for a
radar-observer endorsement would then be required before the individual
renewed or upgraded his or her license.
The comment period for the interim rule closed on January 24, 1995.
Prior to the close of the comment period, the Coast Guard received over
300 comments. A number of the comments expressed concern that the
required training would not be available before February 15, 1995.
Therefore, to relieve this potential burden, the Coast Guard is
amending the interim rule. The Coast Guard will also continue to
evaluate the comments received on this rulemaking.
Discussion of Amendment
This rule changes the date in 46 CFR 15.815(c) by which a radar-
observer endorsement or certificate of training must be received from
February 15, 1995 to June 1, 1995. This extension permits affected
mariners who are not able to complete radar training by February 15 to
continue to operate legally. Further, the related reopening of the
comment period provides a greater [[Page 8309]] opportunity for comment
on the interim rule.
Mariners opting for the Radar-Operation courses in lieu of radar-
observer courses approved by the Coast Guard may renew or upgrade their
licenses (to be issued before June 1, 1995) before completing Radar-
Operation courses. Upon completion of such courses they must hold the
courses' certificates with their licenses.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. This rule
relieves a potential regulatory burden by providing additional time for
persons subject to the rule to obtain required training. It does not
significantly change the regulatory evaluation contained in the interim
rule published October 26, 1994 (59 FR 53754).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This rule relieves a potential regulatory burden by providing
additional time for persons subject to the rule to obtain required
training, and should have no economic impact on small entities. As
discussed in the interim rule, the Coast Guard expects that the burdens
of complying with the interim rule will fall on individuals, rather
than on small entities. This change may provide any affected small
entities with additional flexibility in scheduling required training
and result in some economic benefit. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this rule will economically affect it.
Collection of Information
This rule contains no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2 of Commandant Instruction
M16475.1B, this proposal is categorically excluded from further
environmental documentation. This rule is an administrative matter
involving personnel training and licensing and clearly has no
environmental impact. A ``Categorical Exclusion Determination'' is
available in the docket for inspection or copying here indicated under
ADDRESSES.
List of Subjects in 46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons set forth in the preamble, the Coast Guard amends
46 CFR part 15 as follows:
PART 15--MANNING REQUIREMENTS
1. The citation of authority for part 15 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3703, 8502; 49 CFR 1.45, 1.46.
Sec. 15.815 [Amended]
2. In Sec. 15.815, paragraph (c) is revised to read as follows:
* * * * *
(c) On or after June 1, 1995, each person having to be licensed
under 46 U.S.C. 8904(a) for employment or service as master, mate, or
operator on board an uninspected towing vessel of 8 meters
(approximately 26 feet) or more in length shall, if the vessel is
equipped with radar, hold--
(1) A valid endorsement as radar observer; or,
(2) If the person holds a valid license dated before June 1, 1995,
a valid certificate from a Radar-Operation course.
Dated: February 2, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-3663 Filed 2-13-95; 8:45 am]
BILLING CODE 4910-14-M
