[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Rules and Regulations]
[Pages 63213-63235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29832]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 10 and 15
[USCG-1999-6224]
RIN 2115-AF23
Licensing and Manning for Officers of Towing Vessels
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard establishes requirements for licensing
mariners who operate towing vessels, whether inspected or uninspected.
This interim rule creates new licenses with levels of qualification and
with enhanced training and operating experience, including practical
demonstrations of skill; it also ensures that all towing vessels will
be manned by officers holding licenses specifically authorizing their
service. It should improve navigational safety for towing vessels.
Please note that the interim rule is identified by a new docket number,
because the docket for this rulemaking has been transferred to the
Department of Transportation docket which can be reviewed on the
Internet. To comment on the interim rule, follow the procedures
described in the ADDRESSES section.
DATES: This interim rule is effective November 20, 2000. Comments and
related material must reach the Docket Management Facility on or before
February 17, 2000. Comments sent to the Office of Management and Budget
(OMB) on collection of information (OMB Control No. 2115-0623) must
reach OMB on or before January 18, 2000.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility (USCG-1999-6224),
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
You must also mail comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer,
U.S. Coast Guard.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact
Lieutenant Commander Luke Harden, Office of Operating and Environmental
Standards (G-MSO), 202-267-0229; e-mail LHarden@comdt.uscg.mil. For
questions on viewing or submitting material to the docket, call Dorothy
Walker, Chief, Dockets, Department of Transportation, telephone 202-
366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [USCG-1999-
6224], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, delivery, fax, or electronic means
to the Docket Management Facility at the address under ADDRESSES; but
please submit your comments and material by only one means. If you
submit them by mail or hand delivery, submit them in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know they reached
the Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request
[[Page 63214]]
for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
On June 19, 1996, we published a notice of proposed rulemaking
(NPRM) in the Federal Register (61 FR 31332). In preparing this interim
rule, the Coast Guard decided to place this project within the
Department of Transportation Docket Management System. This
administrative shift makes the material used to develop this rule more
available to the public. Although it also changes the docket number, it
does not alter the fact that this is the same rulemaking begun under
Docket Number CGD 94-055. Please follow the procedures outlined in
DATES and ADDRESSES when submitting comments on this rule. The NPRM
proposed updates to the licensing, training, and qualifications of
operators of towing vessels to reduce marine casualties. A more
detailed treatment of the following matters appeared in the preamble to
the NPRM.
The NPRM was an essential part of a comprehensive initiative
undertaken by us to improve navigational safety for towing vessels. It
followed our report directed by the Secretary of Transportation,
entitled ``Review of Marine Safety Issues Related to Uninspected Towing
Vessels'' (``the Review''). The Review identified improvements in
licensing, training, and qualifications of operators of uninspected
towing vessels (OUTVs) necessary to improve safety.
As the NPRM stated, the Secretary of Transportation had initiated
the Review after the allision in September, 1993, of a towing vessel
and its barges with a railroad bridge near Mobile, Alabama (``Amtrak
casualty''). The National Transportation Safety Board (NTSB) had
attributed this casualty, at least in part, to the Coast Guard's
failure to establish higher standards for the licensing of inland
operators of towing vessels. The Review; a previous Coast Guard study
entitled ``Licensing 2000 and Beyond'' (``Licensing 2000''); and other
research had concluded that the requirements on licensing, training,
and qualifications of personnel that operate towing vessels were
outdated and needed improvement.
On March 2, 1994, we published a notice that announced the
availability of the Review and scheduled a public meeting to seek
comments on its recommendations (59 FR 10031). The meeting, on April 4,
1994, was well attended by the public and representatives from a wide
range of towing interests. Public comments, both oral and written,
helped shape the NPRM.
The Merchant Marine Personnel Advisory Committee (MERPAC) and the
Towing Safety Advisory Committee (TSAC) addressed the towing-safety
initiative as articulated in the Review. These committees and several
of their working groups had created reports to address licensing and
training. We also used these reports to develop the NPRM.
Note, also, that many issues pertaining to licensing and training
of mariners come within the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978, as
amended in 1995 (STCW). An interim rule (62 FR 34506 (June 26, 1997))
carries this treaty into domestic effect. This interim rule requires
mariners serving on certain seagoing towing vessels to meet the
requirements of STCW training, certification, and watchkeeping, as
stated previously in the NPRM and SNPRM. The towing vessels affected by
STCW are those that are 200 gross tons or more on domestic voyages and
all towing vessels on foreign voyages. For additional discussion on the
effects of STCW see our response to your comments numbered 94 through
96, found later in this preamble.
We received over 787 comment letters in response to the NPRM.
Because of this response, we published a notice of intent (61 FR 66642
(December 18, 1996)) explaining that we would modify the NPRM along
lines urged by public comment and the advisory committees, and would
publish the changes in an SNPRM. This would afford the public an
opportunity to comment on the changes before issuance of a final rule.
We published the SNPRM on October 27, 1997 (62 FR 55548).
During February, 1998, we also held four public meetings: in
Memphis, TN; Houston, TX; Boston, MA; and Seattle, WA. We held them to
receive additional views on the licensing issues in the proposed rule.
The Discussion of Comments and Changes, next, incorporates the concerns
of the meetings' attendees.
We are publishing this interim (instead of a final) rule so--
1. We can address the 114 comment letters we received in response
to the SNPRM;
2. We can address the concerns of the public meetings' attendees;
3. The public can respond to changes arising from those letters and
concerns; and
4. We can fulfill our commitment to the members of the towing
community by providing them another opportunity to comment on our
proposed changes to the licensing regulations.
Discussion of Comments and Changes
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Topic Comments
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Apprentice Mate (Steersman)................................. 1-8
Assistance towing........................................... 9-12
Company Responsibility...................................... 13
Cost........................................................ 14-17
Definitions................................................. 18-24
Demonstration of proficiency................................ 25-30
Designated Examiners........................................ 31-38
General..................................................... 39-40
Grandfathering of licenses.................................. 41-56
Horsepower.................................................. 57-58
Public Input................................................ 59-60
Refresher Courses and Training.............................. 61-69
Regional Examination Centers................................ 70
Responsibility of the Master................................ 71-72
Route Endorsements.......................................... 73-85
Safety...................................................... 86
Simulators.................................................. 87-93
STCW........................................................ 94-96
Whistleblowers.............................................. 97-99
Comments beyond the scope of this rulemaking................ 100-118
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Apprentice Mate (Steersman)
(1) One comment stated that direct supervision of the apprentice
mate may be costly to small businesses.
The direct supervision would ensure the highest level of training.
This interim rule formalizes the current and ``best'' practices for
training. As we explain in Small Entities, later in the preamble, we
expect the increase in costs to small businesses to be minimal.
(2) One comment questioned whether the Coast Guard regards
apprentice mates (steersmen) as additional crew rather than as
deckhands with added responsibility.
The apprentice mate (steersman), if any, is not a member of the
crew required by the rules on manning in 46 CFR part 15. An apprentice
mate (steersman) may be a deckhand working towards licensure. However,
the decision how to bring mariners along as licensed personnel, and
even the decision whether to bring them along, will still reside with
employers.
(3) Two comments noted that the new license appears to be a form of
the first-class pilot's license and suggested reinstating the system of
first-class pilots.
Mariners should not confuse any new license brought about by this
rule with a first-class pilot's license. Not only are the requirements
different; the authority to issue a first-class pilot's license is
[[Page 63215]]
limited by route, which might not include any of the Western Rivers.
(4) Two comments suggested that the step of apprentice mate
(steersman) in the mariner's career path is unnecessary.
The new step in the licensing structure ensures that the mariner
gets the most out of training. The mariner will see the greatest
benefits from training through the practical application of the
knowledge required to pass the written exam for apprentice mate.
(5) One comment suggested that only the master, not the mate
(pilot), should train the apprentice mate (steersman).
We agree that the master is probably the best trainer in most
circumstances. However, we concluded that the mate (pilot) standing the
back watch is also qualified to operate the vessel and that he or she
may be a better trainer in some cases. Limiting the training to only
the master could hamper it, since the master can be on duty for only 12
hours a day.
(6) Several comments noted that the SNPRM did not address the
operators of harbor tugs. They recommended that the licensing structure
for these operators comprise two steps, apprentice mate and master, and
a 90-day familiarization period for local operations of harbor tugs.
Harbor tugs--working in what is now ``harbor assist''--do not
usually have a back watch, which limits or eliminates the opportunity
to operate under the authority of the mate (pilot) license. After
reviewing TSAC's recommendation on the subject and considering the way
this issue was addressed in the SNPRM, we changed the licensing
structure proposed for vessel assist--now ``harbor assist''--to require
an apprentice mate (steersman) license before advancing to master of
harbor assist. The SNPRM proposed a two-step structure that skipped the
apprentice mate (steersman) license. The process instated here will
restrict a master's license to harbor assist.
(7) Several comments stated that the 12 months of service after the
completion of the service exam is unreasonable and that this
requirement would create a burden on the industry. The comment also
proposed a less-stringent level of testing for the apprentice mate
(steersman) license.
We disagree. Under the current licensing system for operators of
uninspected towing vessels, a mariner may begin operating the vessel
after passing the appropriate examination and showing 36 months service
on towing vessels. In this rulemaking, a mariner may be placed in
charge of the navigation of the towing vessel, as a mate, after showing
30 months service. We believe that mariners will receive more thorough
and effective training operating a vessel during the 12-month period
after passing the exam for apprentice mate (steersman) license and
obtaining the mate (pilot) license.
(8) One comment asserted that the would-be apprentice mate
(steersman) already undergoes testing on those subjects listed in Table
10.910-2.
We disagree. Table 10.910-2 outlines the subjects that the
candidate for apprentice mate (steersman) will be required to have
knowledge. We want the apprentice mate (steersman) to have passed that
exam, then to use this knowledge in the time before applying for his or
her license as mate (pilot), which allows standing of the back watch.
Assistance Towing
(9) One comment stated that an endorsement for assistance towing is
necessary.
We already require an endorsement for assistance towing on a
license other than a towing license. The lesser included authority will
remain for masters of towing vessels and for masters or mates
authorized service on inspected vessels over 200 gross tons, with
licenses endorsed for towing.
(10) One comment suggested that the Coast Guard should license
mariners performing either assistance towing or towing for hire.
We do license assistance towers to engage in assistance towing.
(11) One comment recommended that we keep assistance towing
separate from the operation of uninspected towing vessels.
We do.
(12) Two comments requested that the Coast Guard clarify the term
``assistance towing'' so it is clear who is exempt.
Sections 10.103 and 15.301(a) define ``assistance towing.'' This
interim rule defines ``disabled vessel'' to clarify the relation of
assistance towing to disabled vessels.
Company Responsibility
(13) One comment suggested that the Coast Guard clarify that the
requirements for a towing vessel do not apply to an inspected passenger
vessel that serves as a propelling vessel for an inspected passenger
barge.
In this scenario, the master of the inspected passenger vessel
would hold lesser included authority to operate a towing vessel. This
interim rule does require the master of the inspected passenger vessel
to hold a towing endorsement on his or her license.
Cost
(14) One comment asked whether the cost of traveling to the REC is
included in the Regulatory Evaluation. Another stated that mariners do
not have the luxury of planning ahead for an appointment with the REC,
given the schedules of some towing jobs.
We did not include the cost of traveling to the REC in the
Evaluation, because we cannot determine it: Mariners need go to
specific RECs only when their licenses are geographically limited and
the local OCMIs must decide whether to grant limited licenses. Current
license-holders can renew by mail, if they provide the necessary
documents, and can thereby eliminate trips to the RECs. This rulemaking
does not change the 5-year validity of a license.
(15) One comment requested that the Coast Guard specify the exact
cost of reviewing a license.
46 CFR 10.109 lists the fees charged for transactions concerning
licenses. From time to time, by notice-and-comment rulemaking, the
Coast Guard adjusts these fees so that they cover the actual costs to
the Coast Guard of rendering the services. See current rulemakings [64
FR 42812 (August 5, 1999) and 64 FR 44786 (August 17, 1999)] adjusting
fees charged for license transactions.
(16) One comment pointed out that, unless mariners are
grandfathered into the new licensing structure, small businesses will
lose considerable revenue while some will go out of business.
We will grandfather mariners, with current licenses for OUTV, as
master or mate (pilot) of towing vessels. There probably will not be a
large number of mariners with licenses as second-class OUTV who will
need to renew their licenses as mate (pilot) of towing vessels.
(17) One comment argued that the impact on small businesses is
greater than the SNPRM stated. It continued that companies will have
difficulty completing the increased paperwork and finding employees
with the increased experience.
The experience required will not affect the mariners who already
hold their OUTV licenses. The analyses in the preamble of this interim
rule treat the impacts of this interim rule on small businesses, in
terms of both monetary costs and paperwork.
Definitions
(18) One comment requested that the Coast Guard inform mariners
that the definitions, which were removed from
[[Page 63216]]
this rulemaking and were included in the one on STCW, still apply to 46
CFR parts 10 and 15, as appropriate.
The NPRM in this rulemaking proposed definitions for ``Coast Guard-
accepted,'' ``designated examiner,'' ``practical demonstration,''
``qualified instructor,'' and ``standard of competence,'' which were
incorporated into 46 CFR parts 10 and 15 (and 12) as appropriate by the
rulemaking on STCW. Since the definitions were and continue to be in
effect, it was unnecessary to include them in the SNPRM for this
rulemaking, and it is unnecessary to include them in this interim rule.
(19) One comment suggested that the RECs receive guidance on the
terms ``mate'' and ``pilot.'' It also asked how the terms will appear
on licenses and what term will apply to mariners on the Great Lakes.
Two comments recommended that a licensed officer not be called a mate,
which traditionally refers to a deck hand.
The licensing requirements for mate and pilot of towing vessels
will be the same. The mariner applying for the license can decide on
the title, mate or pilot. The mariner should keep in mind that, if he
or she changes the area of operation, the title may not be appropriate
and may entail a fee to have it changed on his or her license.
(20) Several comments requested that the Coast Guard clarify the
term ``unlimited.'' Two comments stated that the words ``less than 200
gross tons'' may lead to confusion.
The term ``unlimited'' appears in Secs. 10.464 and 10.465 of the
SNPRM only to distinguish between restricted licenses and others.
Therefore, licenses for towing vessels will not bear ``unlimited''
endorsements, and we have removed that term from this rule. Omission of
the term will imply that the licenses are not restricted to harbor
assist or to local geographical areas. Also, to eliminate confusion, we
have removed the phrase ``less than 200 gross tons.''
(21) One comment asked whether the term ``assistance towing'' would
confine the mariners to one barge at a time.
``Assistance towing'' already carries a definition in the rules,
and this rulemaking is not changing it; however, this rulemaking also
contains a definition of ``disabled vessel'' that clarifies the former
definition of ``assistance towing''. Towing barges does not constitute
assistance towing, since barges, by definition, never move under their
own power.
(22) One comment recommended not amending the terms ``captain,''
``mate,'' and ``pilot.''
We are not changing the term ``captain.'' However, a mariner could
choose either ``mate'' or ``pilot'' depending on the area in which he
or she operates. For example, a mariner licensed for oceans would
probably choose the term ``mate'' of towing vessels, while a mariner
licensed for Western Rivers would probably choose the term ``pilot'' of
towing vessels.
(23) Many comments noted that a private company owns the trademark
rights to the term ``vessel assist.'' Another comment suggested the
term ``commercial assist'' to replace the term ``vessel assist.'' Yet
another stated that the term ``vessel assist'' is easy to confuse with
``assistance towing.''
We agree that ``vessel assist'', whether or not it conflicts with
commercial usage of the term, sounds too much like ``assistance
towing.'' Therefore, we are changing ``vessel assist'' to ``harbor
assist.''
(24) One comment requested that the Coast Guard define ``accepted
training course.''
There is already a definition of Coast Guard-accepted, which
applies to training courses, in Sec. 10.103.
Demonstration of Proficiency
(25) Several comments suggested that the Coast Guard require check-
rides to demonstrate proficiency only for mariners charged with
negligence or violation of statute or rules. Other comments stated that
a check-ride demonstration should apply only for new licenses.
We agree that new mariners in the towing industry must demonstrate
proficiency before being authorized to operate the back watch. We
maintain that requiring a demonstration of proficiency for mariners who
have had action taken against their license and for all applicants for
new licenses is one of the best methods to prevent marine casualties.
(26) One comment asked the Coast Guard to provide a more complete
explanation of the one-half hour of management time required of
mariners performing a final check-ride.
This is simply the time the master or mate needs to prepare the
final check-ride report or document (that was filled out by the
Designated Examiner) for delivery to the REC.
(27) Several comments stated that check-rides are unnecessary for
holders of OUTV licenses. They suggested that a company letter or a
mariner's record of performance should be sufficient as proof of
proficiency. One comment suggested that a company letter demonstrating
service, not navigational proficiency, should be all such a mariner
needs for license renewal.
We expect that no requirement of demonstration of proficiency for
current holders of OUTV licenses will be necessary. However, unless
these holders furnish documentation of proficiency during the validity
of their current licenses, we may require a demonstration of
proficiency before renewal of their licenses.
(28) One comment noted that proficiency-testing imposes an economic
burden on license holders. This comment recommended that companies
maintain records of proficiency.
We strongly encourage companies to maintain record of proficiency,
but the mariners have their own responsibility to maintain records of
the training received and experience demonstrated during the validity
of their licenses.
(29) One comment recommended that the Coast Guard allow trip pilots
to submit daily logs rather than undergo check-ride demonstrations.
If a daily log includes training received and drills held, such as
man-overboard and fire drills, it certainly can be part of the
documentation necessary to demonstrate proficiency.
(30) One comment requested that the Coast Guard clarify the
qualifications of the persons administering the check-rides.
The persons administering the check-rides will be designated
examiners as defined in the current rules and in Navigation and Vessel
Inspection Circular (NVIC) 6-97. To become a designated examiner, a
person must produce documentary evidence that he or she--
(a) Has experience or training, or received instruction in
assessment techniques;
(b) Is qualified in the task for which the assessment is being
conducted; and
(c) Holds the appropriate level of license, endorsement, or other
professional credential suitably related to the area of assessment.
Designated Examiners
(31) One comment noted the difficulty in assessing an individual's
ability in one opportunity to demonstrate proficiency. The captain of a
vessel is in a better position to assess someone's abilities, since he
or she can observe a person's performance over time.
The captain and mate (pilot) will be integral parts of a mariner's
training. Yet the designated examiner will observe such practical
proficiency as may be the result of their training of the mariner.
(32) One comment recommended that the Coast Guard ensure that the
[[Page 63217]]
designated examiner implements the examination process fairly.
We will ensure this, as much as possible, and also that the
training and evaluation of mariners are consistent.
(33) Many comments recommended that the Coast Guard clarify the
qualifications and the selection process for designated examiners. One
comment recommended that every examiner should hold a master's license.
We will thoroughly evaluate the application of a would-be examiner
before we issue a letter of approval. Again, we recognize that the
captain (master), in most cases, may be the most qualified to conduct
the training leading up to the demonstration of proficiency but that he
or she may not desire to be an examiner.
(34) One comment suggested using designated examiners only for new
or suspended licenses.
This interim rule does require examiners for new or suspended
licenses; but we may also require a check-ride with an examiner, if the
documentation for renewal is not sufficient (see Sec. 10.209 in the
regulatory text of this interim rule).
(35) Several comments suggested that the Coast Guard train, select,
and qualify designated examiners so that these processes are free from
corporate influence. One comment suggested that each examination should
involve two examiners, one from the Coast Guard and one from the
company.
We see the merit in this concept, but we want companies to take
more responsibility for this process. Our goal is to empower the
companies to seek out, from their own ranks, mariners who possess the
ability to become designated examiners. Although the suggestion of
having two examiners appears to be a good concept, it would be
excessive and cost-prohibitive to the mariner and the industry.
(36) One comment recommended that the Coast Guard clarify how the
designated examiners conduct their assessments.
This issue is complex because there are so many different types of
``towing'' within the industry. The examiners would have to tailor the
demonstration of proficiency (check-ride) to the specific experience
and training of the mariner for the route and type of towing.
(37) One comment noted the problem of finding a designated examiner
with the wide range of experience required to assess people in an
industry that requires diverse skills and experience.
We agree that an examiner who could assess mariners in all facets
of the industry would not be easy to find. For this reason, the Coast
Guard will issue examiners' certificates for certain portions of the
industry. (For this reason, too, companies should furnish their own
examiners.) This would not preclude a mariner from being an examiner
for more than one portion or even for all portions of the industry, but
we expect that any one examiner would specialize in one or a few
portions, such as harbor assist, fleeting, long-line, or river towing
(this last usually associated with pushing ahead).
(38) Two comments approved of a company-designated examiner. One
comment stated that such an examiner will have more of a vested
interest in ensuring that a mariner is qualified than will a Coast
Guard examiner.
We expect this to be true in most cases, which is consistent with
the concept of empowering both the company and the mariner.
General
(39) One comment stated that towing on brown and towing on blue
waters should fall under distinct regulatory regimes.
Towing on the two routes does differ in some respects. The
navigation requires the use of different charts, from the Army Corps of
Engineers and the National Oceanic and Atmospheric Administration,
respectively. But it does not differ so much as to make distinct
regimes advisable.
(40) One comment suggested that the Coast Guard determine whether
it is necessary to exempt towing vessels of less than 200 gross tons
engaged in mining minerals and drilling oil.
Under 46 U.S.C. 8905(b), the requirement that a towing vessel be
operated by a licensed individual does not apply to towing vessels of
less than 200 gross tons engaged in the offshore exploitation of
minerals and oil, if the vessels have sites or equipment serving the
offshore mineral and oil industry as their places of departure or their
ultimate destinations.
Grandfathering of Licenses
(41) We received 18 comments concerning the grandfathering of
existing licenses. Most of the comments requested information on the
process and requirements for current holders of licenses to obtain
licenses under the new license structure. Several comments suggested
that the Coast Guard ensure that the mariners have the required
experience and familiarity of routes before grandfathering their
licenses.
Current holders of OUTV and second-class OUTV licenses will not
have to get new licenses until they either upgrade or renew these
licenses. At that time, we will issue their licenses as master or mate
(pilot) of towing vessels. When a mariner renews his or her license as
master or mate of vessels of appropriate gross tonnage or as first-
class pilot holding an endorsement on his or her license for towing
vessels, we will endorse the new license for towing vessels, if the
holder can prove recent towing service. In the towing industry, this
documentation is the only way we can ensure that the mariners have the
required experience and familiarity of routes for renewal of their
licenses. We cannot depend on shipping articles, discharges, and
official logbooks to verify experience, because they are not required
on most towing vessels. Of course, when vessels keep them anyway, we
may use them to verify experience.
(42) Two comments suggested that the Coast Guard specify which
mariners may be grandfathered. For example, one comment recommended
that the Coast Guard renew the licenses of masters of vessels 100 gross
tons or less.
Holders of OUTV licenses will receive licenses as master of towing
vessels upon renewal. Holders of licenses as master of inspected, self-
propelled vessels, or as mate or pilot of inspected, self-propelled
vessels of more than 200 gross tons, will receive the same license and
an endorsement for towing vessels if they are operating in the towing
industry. We do not anticipate renewing any second-class OUTV licenses,
since the mariners holding these licenses should be eligible for
licenses as master of towing vessels by the time their licenses expire.
(43) Two comments recommended that the Coast Guard clarify how the
mariner will prove prior deck service when there is currently no
guidance for the Regional Examination Centers (RECs) and when previous
employers have gone out of business or have been consolidated.
The towing officers' assessment record may be a valuable tool to
overcome this problem by documenting vessels and dates, along with any
records of employment or training the individual mariner may keep.
(44) Several comments agreed that at least 18 months of prior deck
service for the mate (pilot) is a good requirement. Two comments
suggested that the 18 months should be extended to 36 months. One
comment suggested that even the 18 months was too burdensome on the
mariner.
We recognize the support of the 18 months of service for a mate
(pilot), but disagree with the suggestion that it be extended to 36
months. We do not want
[[Page 63218]]
to overburden the new mariners coming into the towing industry.
However, the intent of this rulemaking is to increase the level of
safety; therefore, we are adopting the 18 months of service as proposed
in the SNPRM.
(45) One comment requested that the Coast Guard clarify the term
``on deck.''
We consider ``on deck'' to indicate working in the deck department
as opposed to in the engineering or steward's department.
(46) Two comments noted that the requirement of 1 year of sea
service as a mate (pilot) before the Coast Guard issues a master's
license could place a burden on small companies or affect the
availability of licensed personnel.
This requirement equates to the current one for a second-class OUTV
license. We now authorize anyone holding this license to stand the back
watch. Small companies are already investing time and effort to develop
OUTVs. Making the step process mandatory for new licenses will improve
that process by providing milestones toward obtaining the license as
master of towing vessels.
(47) One comment suggested that the Coast Guard accept or give
partial credit for service on tugs of less than 26 feet.
We disagree. While the legal definition of a towing vessel (46
U.S.C 2101(40)) does not specify a minimum length, the licensing-and-
manning statute (46 U.S.C. 8904(a)) states that a licensed individual
must operate a towing vessel that is at least 26 feet in length. To
ensure that the experience is comparable, we established the minimum
length of 8 meters (26 feet).
(48) Several comments requested that the Coast Guard explain the
relationship and differences between the training-record book required
under STCW and the one proposed in the NPRM.
The training-record book required by STCW is not as flexible as the
towing officers' assessment record required by this interim rule for
towing vessels; therefore, for an original license as mate (pilot) of
towing vessels you can not substitute an STCW training-record book for
the towing officers' assessment record nor can you substitute the
towing officers' assessment record for the STCW training record book.
For example, all requirements for STCW must be met to get an STCW
endorsement; whereas, if the license need not bear an STCW endorsement
(as, for example, it need not for towing inland), the towing officers'
assessment record need only attest proficiency in the kind of towing
the mariner is working in.
(49) One comment asked the Coast Guard to clarify the ``unlimited''
section of the towing officers' assessment record.
The assessment record does not have an ``unlimited'' section. But,
if you completed all the sections of the assessment record and
demonstrated proficiency in all the different types of towing, we would
not limit you to any one type of towing.
(50) Many comments stated that the towing officers' assessment
record would be a good tool to track the experience of each mariner,
but several requested that the Coast Guard provide a more complete
discussion of the requirements for maintaining the assessment record.
The comments raised questions like, ``What entries are included?'' and
``Will there be a phase-in period?''
We require, for demonstration of proficiency, entries that have the
footnote ``All'' and the footnotes for a particular route desired:
``O'' for oceans, ``C'' for coastwise and near-coastal, ``I'' for
inland and Great Lakes, ``WR'' for Western Rivers and ``R'' for rivers.
Moreover, the assessment record will allow space to enter the vessels
served on, dates served, routes, drills participated in, and all
training received. As this rule is effective on November 20, 2000, the
phase-in period is 1 year.
(51) Several comments requested that the Coast Guard keep the
requirements of the assessment record simple and standardized. One
comment noted that a standardized format would assist the RECs in the
review process.
We will standardize the assessment records as much as possible and
clearly identify the requirements. However, as mentioned earlier in
this section, the type of towing that the vessels are engaged in will
determine what other items need to be addressed. Before the effective
date of the interim rule, we will develop guidance for the RECs to
standardize the assessment records' evaluations.
(52) Several comments stated that a towing officers' assessment
record would impose a paperwork burden on the mariners. One comment
suggested that the vessel's daily log should fulfill the requirements
of this rulemaking.
We address the paperwork burden under Costs, within Regulatory
Evaluation, and under Collection of Information later in the preamble.
We agree that a vessel's daily log could aid the mariner in keeping
track of his or her experience; but such logs are not required on most
towing vessels. If the vessel keeps such a log, the mariner may use it.
(53) Two comments recommended that the captain of the vessel, not
the employer, verify the information in the towing officers' assessment
record.
While the master is the best person to verify completion of tasks
in the assessment record, companies have to work with the captain to
ensure that mariners get appropriate credit for experience gained
during underway time. Cooperation between companies and captains is
also consistent with the Review's recommendation that companies assume
more responsibility for the training of their crews.
(54) One comment noted that it would take longer than 1 hour over a
3-year period to learn and comply with the requirements of this
rulemaking.
The 1 hour referred to is only for filling out the paperwork, and
is an average estimated for all licensed OUTVs.
(55) One comment stated that there would be a burden on employers
to maintain records for each mariner.
We determined that companies are already gathering the required
information for other purposes such as pay, benefits, and billing for
services rendered; therefore, records maintenance should not be an
added burden to the employers.
(56) Two comments stated that this rule imposes confusing paperwork
requirements, which will be a great burden on the mariner.
We will make guidance available to all OUTVs and prospective
masters and mates (pilots) of towing vessels to keep the recordkeeping
as simple as possible.
Horsepower
(57) Two comments supported regulating according to horsepower (HP)
``breakpoint'' even though one of them noted that the ratio of HP to
barge does not hold true all the time. Two comments recommended that
the Coast Guard restrict the tons towable with a given HP, lest
companies overload or overwhelm the available HP.
This is not feasible, as we mentioned earlier, because of the
different combinations of tows--especially on the rivers. If companies
overload or overwhelm available HP, they risk considerable losses,
which create an incentive to be sensible in their arrangement of
barges.
(58) One comment recommended a breakpoint of 5,000 HP, if the Coast
Guard persisted in regulating according to HP.
Since we have forgone any attempt to regulate, the point is moot.
Public Input
(59) Nineteen comments stated that the Coast Guard should receive
more input from the mariners. Many
[[Page 63219]]
requested that the Coast Guard find better ways to inform mariners of
proposed changes to rules. Word of these changes must reach the
mariners with enough time for them to get involved in the regulatory
process. Two comments suggested that the Coast Guard establish direct
contact with the working mariners, by a master mailing-list or database
of concerned mariners. Several comments pointed out that late notice of
public meetings did not allow mariners to adjust their schedules to
attend the meetings.
We encouraged input from active mariners. The NPRM drew 787 comment
letters; the SNPRM, just 114. The dramatic decrease is due precisely to
the fact that the SNPRM responded to the comments on the NPRM from the
public. We provide up-to-date information by the Internet; the Marine
Safety Newsletter; press releases; and responses to telephone, fax, and
written inquiries.
(60) Four comments asked the Coast Guard to extend the comment
period.
We are publishing this interim rule with a request for comments
before a final rule so the public will have an opportunity to express
their views on the latest changes. Publishing this interim rule between
the SNPRM and final rule is equivalent to extending or reopening the
comment period for 90 days.
Refresher Courses and Training
(61) Many comments favored the refresher courses on Rules of the
Road and suggested implementing the requirement every 5 years, at the
same time as license renewal and radar re-certification.
Combining the radar-observer course and the courses on Rules of the
Road could streamline the renewal process; however, we will not require
the combination of these courses. It is not appropriate for us to
micro-manage the delivery of courses, even if our rules separately
require them.
(62) One comment asked how the Coast Guard plans to administer the
refresher courses.
We do not plan to administer the refresher courses ourselves. We
will review, accept or approve, and oversee the courses administered by
the industry.
(63) One comment asked whether the Coast Guard requires exercises
on Rules of the Road for everyone renewing a license.
No, the current rules require exercises on Rules of the Road for
renewing a license for master or mate (pilot) of towing vessels, only
when a mariner presents evidence of employment in a position closely
related to the operation, construction, or repair of vessels as
discussed in 46 CFR 10.209(c)(1)(iv).
(64) Two comments opposed refresher courses and suggested that
mariners with decades of experience do not need such courses.
This interim rule does not require refresher courses for renewal of
licenses where the mariner can document continued service, training,
and demonstration of proficiency. It requires the courses only when the
mariner cannot document those three. For example, a mariner, who not
worked in the towing industry for long periods of time, would have
difficulty documenting service, training, and demonstration of
proficiency.
(65) Several comments recommended ways to conduct the courses and
training. One comment recommended personal-computer-based, or
interactive, training. One suggested that the courses be in-house
courses or open-book tests to take at home. Two suggested that the
Coast Guard avoid take-home and mail-in exams and establish renewal
classes annually or biannually. Some suggested including radar re-
certification in the refresher courses. Others stated that no radar
course is needed.
We have not ruled out computer-based training as part of an
accepted or approved course. An in-house course, meaning one given at a
company's facility, is a possibility. Take-home with mail-in completion
is not an option for radar training. However, there could be an on-
going process during the term of validity of the license to document
proficiency for renewal. Annual and biannual courses would be cost-
prohibitive and excessive. The Coast Guard will continually evaluate
each course for compliance with the requirements for refresher courses
and radar training.
(66) One comment disputed the applicability of Sec. 10.309 to
personnel of domestic towing vessels exempted from STCW.
The requirements in Sec. 10.309 cover training for all licenses
subject to STCW. While this section indeed does not apply to licenses
that do not require STCW certificates or endorsements, it is an
excellent generic description of a Coast Guard-accepted training course
and may be used as a guide for developing Coast Guard-accepted training
courses exclusively for (non-STCW) towing-vessel licenses.
(67) One comment noted that approval of training other than through
courses would impose a great burden on the Coast Guard.
Training other than through courses already comes within the rules
and will stay there through this interim rule. We intend for such
training to serve the towing industry. It may in fact increase the
burden on us.
(68) One comment recommended that the Coast Guard establish clear
criteria for the approval of training.
Section 10.302 already contains clear criteria for the approval of
training, and the National Maritime Center evaluates them from time to
time.
(69) One comment stated that training other than through courses is
unnecessary. Another noted the difficulty of finding trainers who are
able to train mariners with decades of experience.
We have determined that the training is necessary, especially for
mariners new to the towing industry. It is not normally necessary for
mariners with decades of experience; these mariners just need to be
informed of recent changes.
Regional Examination Centers (RECs)
(70) Many comments stated that the RECs are overworked and will not
be able to handle the workload created by the new rules.
We acknowledge that this is a concern for mariners and the
industry; however a full examination of the program demonstrates that
much of this rulemaking will add little workload to the RECs. This rule
will not increase the number of examinations to be given, and will add
only one level of licenses. Also, the licensing program may realize
some relief due to a shift in operations of casino vessels from river
to shore-side. The riverboat casino industry contributed to the work
backlogs in the RECs during the mid-1990s. This ongoing shift in their
operations should reduce the number of license and merchant mariner
document transactions at those facilities. Incomplete mariner
application packages also cause a delay in issuing licenses. The
licensing process established by this rule will ensure the completeness
of the mariner's application package; reducing the time between the
receipt of the application and when the license is issued.
Responsibility of the Master
(71) Several comments noted that there are many conditions over
which the master has no control, such as fatigue of the crew and
deadlines from the company. Many of these recommended that the
responsibility for the safety of the vessel needs sharing among the
master, the company, and the crew. They stated that the master cannot
be responsible for the independent actions of the pilot or engineer.
They
[[Page 63220]]
asked the Coast Guard to specifically outline the master's
responsibilities.
The master is responsible for the care and safety of the vessel and
crew. Sharing of responsibility for safety of the vessel already
occurs, and should occur; but it cannot occur equally. The owner has an
investment in the vessel and cargo, and the crew has a responsibility
to do its jobs as safely and efficiently as possible. There still has
to be someone in charge, and that is the master. As we stated before,
the stander of the back watch is responsible for his or her acts;
nevertheless, if an accident happens because of acts of the back watch
carried out on orders given by the master, then the master may be
accountable for the orders given. Usually the company outlines the
responsibilities in the conditions of employment when it hires a
master. In other words, what the company expects the master to do is--
within the general guidelines of maritime and other law--for the
company to determine.
(72) Many comments pointed out that a master cannot be responsible
for both the front and back watch. Others suggested that, if the Coast
Guard enforced rules that limit a master from working over a 12-hour
day, the master would be even less well-situated.
From our history of administrative hearings on suspending and
revoking licenses, the OUTV has seldom been held responsible for
misconduct of the back watch, unless the back watch is following an
order given by the master. If the master does not stand a watch, as he
or she does not aboard a lot of deep-draft seagoing vessels, he or she
may fairly bear some general responsibility for all watches.
Route Endorsements
(73) Many comments requested that the Coast Guard clarify the
requirements for route endorsements. They also suggested that the Coast
Guard clarify the process for examination and evaluation.
A route endorsement requires an evaluation of the applicant's
experience, training, and knowledge of a specific route. Information on
the process of examination and evaluation for original licenses and
renewal of existing licenses appears in 46 CFR part 10. (This
information, including printable forms, is also available on the
Internet through some of the RECs. You may access these sites at http:/
/www.uscg.mil/hq/g-m/marpers/pers.htm.) The information in part 10
comprises definition of terms, general requirements for all licenses,
professional requirements for deck officers and engineer officers, and
subjects of license examination.
(74) Two comments asked whether we charge user fees for route
endorsements.
Yes, we charge a fee for a change in the scope of a license, as by
endorsement. The required fees are administrative ones for evaluation
and testing.
(75) Many comments stated that route endorsements would be too
restrictive for mariners who may change routes on a moment's notice.
Some stated that route endorsements would limit the employment of
mariners. One comment suggested that route endorsements subordinate to
the main route would constrain new businesses.
The current licensing scheme already contains route endorsements
for the OUTV; these are not subordinate route endorsements. This
interim rule does contain additional requirements for operating on
Western Rivers, because we determined that the unique conditions
encountered on those rivers warrant stricter standards.
(76) One comment opposed the requirement to demonstrate experience
on routes. One disagreed with the requirement to prove experience on
subordinate routes, and noted that the Coast Guard does not require the
same proof for other vessels. Another stated that 90 days to qualify on
a route is too long.
Other licensing schemes, such as that for oceans, demand
considerable training and experience compared with that for the OUTV.
Still, oceans do not have parallel shores like Western Rivers. For this
reason, a master holding a license for oceans and whose initial
training and experience was in excess of that required for OUTV, must
have his or her license endorsed to sail on Western Rivers.
Furthermore, we are amending the definition for Inland waters in 46
CFR 10.103 to also exclude Western Rivers. When a master or mate of
towing vessels navigates both inland and Western Rivers, both routes
will have to be endorsed on his or her license. The phase-in period for
the dual endorsement will be at the next renewal or issuance of a new
towing license after the effective date of this rule.
(77) One comment asked whether the 90-day requirement to qualify
for Western Rivers is long enough. Two comments requested that the
Coast Guard extend the qualifying time for those rivers to 180 days.
We recognize Western Rivers present unique operating conditions,
requiring additional time to ensure familiarity. We also recognize the
value of the experience gained in navigating other routes. The mariner
adding the Western Rivers endorsement to an existing license, already
has demonstrated experience operating towing vessels, and will have one
or more routes endorsed on his or her license. Considering this minimum
time required to obtain the endorsement, and these are experienced
mariners, 90 days is enough time for the purpose of this requirement.
(78) One comment opposed route endorsements for mariners with more
than 5 years of experience because those mariners have worked in most
areas.
We will grandfather the licenses of mariners for the routes on
which they can document service. Mariners with 5 or more years of
experience in the towing industry may not have been exposed to special
hazards associated with unfamiliar routes. Therefore, we will not
automatically consider mariners with 5 years of experience or more to
be qualified for all routes.
(79) One comment asked whether Puget Sound would be split into
different routes.
No, Puget Sound will remain one near-coastal route.
(80) Some comments suggested that the routes be less specific;
others, that they be more specific. One comment recommended that the
single Western-rivers route should be separated into a route for each
river with a 30-day posting requirement for each.
Specific endorsements for rivers (``sub-routes'') would
significantly increase the paperwork burden and the burden on the
individual mariners without any need or benefit comparable to that for
specific endorsements for routes.
(81) One comment requested clarification on why the Coast Guard
needs to align licensing requirements for inland waters and Western
Rivers with those under the STCW.
One of the recommendations from the Review was to reevaluate the
oceans (domestic-trade) route authorized for an OUTV license and to
propose alternatives that conform to international standards. This is
why we accept the completed STCW training-record book as complying with
the towing requirements for renewals and upgrades.
(82) One comment suggested applying tonnage restrictions only to
the inland waters and Western Rivers.
We cannot manage restrictions on tonnage of the barges in a tow,
because a single tow may contain fully loaded, partially loaded, and
empty barges. Therefore, we will rely on the companies, who risk their
barges and cargo, and on their underwriters, who stand most losses, to
configure tows for safe navigation.
[[Page 63221]]
(83) One comment suggested that the Coast Guard require mariners
with licenses endorsed for Western Rivers to have experience above the
Baton Rouge Bridge on the Mississippi River.
Companies should take the responsibility to ensure that their
bridge crews have experience on any section of the Western Rivers
before they entrust their vessels to them for that section.
(84) One comment asked why the Coast Guard did not include the
``unlimited'' exam in Table 10.910-2.
The ``unlimited'' exam referred to by this comment is the same OUTV
exam included in Table 10.910-2 under license codes 10, 11, and 12.
(85) One comment recommended that the Coast Guard specify what it
will test on a limited exam. The comment stated that the terms
``partial'' and ``special'' are familiar to mariners but that
``limited'' is a new term.
We previously addressed the limited OUTV license, in the current
regulations under 46 CFR 10.464(f), which stated: ``The examination for
a license as operator of uninspected towing vessels endorsed for a
local limited area is modified by deleting inappropriate questions.''
For example, an exam for a license limited to the port of New York may
not have the same questions as an exam for a limited license for
Memphis, Tennessee, because the traffic schemes are different.
Safety
(86) One comment suggested that, before the Coast Guard lets a
mariner handle a larger tow, it should require him or her to serve as
an apprentice mate during high and low water.
Under this interim rule the new mariner will train as an apprentice
mate (steersman) before getting a license as mate (pilot).
Grandfathered or not, mariners will still have to prove their
competence before employers entrust them with larger tows.
Simulators
(87) Several comments agreed that simulators are a good idea, but
urged that they not be used for new applicants or inexperienced pilots.
In most cases, we do not expect entry-level mariners to use
simulators; however, simulators should remain an option for mariners
unable to demonstrate proficiency on a towing vessel. Their use is no
substitute for actual bridge time required for a mate (pilot) license.
(88) Two comments stated that simulators have no place at all in
demonstrating proficiency.
We disagree. Simulators are valuable training tools in the maritime
industry. They may require adjustments to make them more applicable to
the towing industry, but they have their place.
(89) One comment pointed out that using simulators imposes added
costs (for example, the cost of traveling to the simulator site).
Costs get a thorough examination under Costs, within Regulatory
Evaluation, in the summary of our analysis that appears later in the
preamble.
(90) Many comments stated that mariners can demonstrate their
proficiency only in real-life situations, on towing vessels, because
simulators lack the real-life pressure of towing vessels. Some comments
suggested using simulators as devices to train mariners rather than as
devices to test the skills of mariners.
We concluded that the best training is ``hands-on'' training aboard
towing vessels; however, as we noted earlier, in testing as well as in
training, simulators have a place.
(91) Two comments recommended three days of sea time for every day
in a simulator.
Neither comment offered any basis for this equivalency (or any
other). If someone can validate any such equivalency, we will consider
it.
(92) One comment stated that simulators are invaluable and should
be mandatory for training.
We agree that simulators are valuable. But making them, and only
them, mandatory for training would be neither practicable nor cost-
effective. Hands-on experience still delivers the best training.
(93) One comment asked why simulators persisted into the SNPRM when
so many comments on the NPRM, 86 percent of the 115 comments to the
NPRM on use of simulators, opposed them.
Simulators persisted into the SNPRM, and persist into this interim
rule, because they are valuable tools for both training and testing. To
allay some of the concerns about the use of simulators, e.g., their
cost and availability, the use of simulators is optional.
STCW
(94) Several comments asked the Coast Guard to clarify how the
interim rule on STCW and this interim rule on licensing and manning
will affect mariners on vessels under 200 gross tons (as admeasured
under 46 U.S.C. 14502 (regulatory measurement)). These comments also
asked whether an STCW endorsement is necessary for a master on a vessel
of less than 200 gross tons, towing a barge on a voyage to another
country. The comments recommended that STCW endorsements be available
to masters and mates who wish to be considered for international
voyages.
We require any licensed mariner on a towing vessel of less than 200
gross tons, on a coastwise voyage (from a port in the U.S. to a port in
the U.S.) to have his or her license endorsed for STCW. The mariner can
get the license endorsed without added training or assessment. However,
when a towing vessel of less than 200 gross tons is on a foreign
voyage, all crewmembers will have to meet basic requirements of safety
training and assessment under STCW.
(95) One comment requested clarification of the procedure to obtain
an STCW endorsement.
That procedure is the subject of a separate rulemaking, on the
implementation of STCW (62 FR 34506 (June 26, 1997)).
(96) One comment stated that adherence to existing laws, policies,
and industry practices does not necessarily satisfy the requirements of
STCW.
We agree that, for most mariners on towing vessels, the
requirements of STCW are stricter than existing laws, policies, and
practices. But those three sources provide an adequate level of safety
for mariners on towing vessels.
Whistleblowers
(97) Several comments noted that there is not enough protection and
incentive for mariners who expose abuse by industry. Several comments
stated that employers coerce mariners to work in unsafe conditions.
This is a concern of Congress, which, again, affords some relief in
46 U.S.C. 2114. It is a concern of the Coast Guard, too, but is not
within the scope of this rulemaking.
(98) One comment suggested that working groups from within industry
should address the problems of coercive tactics in a different
proceeding.
We agree that this is a good suggestion. TSAC may consider working
groups to focus on these problems.
(99) One comment stated that a mariner may have difficulty getting
a letter of service from an employer against whom the mariner has filed
a complaint.
This has always been a problem when companies go out of business or
there is a conflict between employer and employee. An REC usually works
with a mariner to evaluate whatever records of employment the mariner
alleges.
[[Page 63222]]
Comments Beyond the Scope of This Rulemaking
We acknowledge receipt of the following comments but consider them
to be beyond the scope of this rulemaking.
(100) One comment requested that the Coast Guard streamline the
renewal of licenses so that it is faster.
(101) Two comments asked whether the Coast Guard is considering
towing vessels for a formal inspection program.
(102) One comment recommended that the Federal Government focus on
the upkeep of channels to improve safety.
(103) One comment noted that recreational boaters threaten the
safety of commercial and of other recreational vessels. Training or
licensing recreational boaters would enhance safety.
(104) One comment suggested improving safety by requiring licensing
or documentation for all personnel and the inspection of all vessels.
(105) One comment suggested establishing a Board of Pilots to
investigate accidents, as in trucking.
(106) One comment stated that Coast Guard personnel at the National
Maritime Center (NMC) lack small-vessel expertise.
(107) Several comments recommended that the Coast Guard include the
Gulf Intracoastal Waterway (GIWW) in the Western-rivers and near-
coastal routes. One comment specifically requested that the Coast Guard
consider the Mississippi River below the Baton Rouge Bridge as part of
the inland waterway. Two comments noted that much of the commerce
traveling in and out of the Gulf Coast also uses the GIWW.
(108) One comment recommended that the Coast Guard state
specifically what bodies of water the Western Rivers comprise. The
comment noted that separation of the Western Rivers from the inland
rivers causes confusion along the Gulf Coast.
(109) One comment suggested consolidating the routes for rivers and
Western Rivers.
(110) One comment recommended that the Coast Guard implement safety
requirements for the vessels, not for the mariners.
(111) One comment suggested that safety would improve if the Coast
Guard inspected all towing vessels and licensed all their personnel.
(112) One comment noted the increase in risk to mariners with the
increase in the transport of hazardous materials.
(113) Several comments suggested that towing companies focus on
improving the safety of equipment. Some noted that some of the unsafe
operations are due to the companies' increasing tonnages and reducing
crews.
(114) One comment stated that mariners must accept the unsafe
conditions offered by the companies, or the companies will hire
mariners who will work in those conditions.
(115) One comment recommended that the Coast Guard ensure adequate
numbers of mariners on vessels. One comment stated that the towing
industry needs a program similar to the ISM Code, under which the
employers could help mariners get the necessary rest by implementing
three-watch rotations and increasing the manpower.
(116) Two comments stated that a company's responsibilities should
include training over specific routes and restricted sailing in adverse
weather.
(117) One comment suggested that the Coast Guard make companies
accountable through the enforcement of civil penalties for non-
compliance.
(118) One comment stated that the RECs lack the expertise to
prepare local-area exams. The comment also pointed out the difficulty
in preparing mariners for exams whose topics are not listed in Table
10.910-2.
Regulatory Evaluation
This interim rule is an integral part of the Coast Guard's
comprehensive initiative to improve navigational safety for towing
vessels. The towing-vessel industry has experienced several serious
casualties in recent years, most notably the allision in September 1993
of a towing vessel and its barges with a railroad bridge near Mobile,
Alabama. In this incident, barges being pushed by a towboat in dense
fog displaced the Big Bayou Canot Railroad Bridge. An Amtrak train with
220 persons on board struck the displaced bridge and derailed. Forty-
two passengers and 5 crewmembers were killed; 103 passengers were
injured.
The National Transportation Safety Board determined that the
probable cause of the derailment was the displacement of the railroad
bridge when it was struck by a towboat. The allision was a result of
the pilot's becoming lost and disoriented in the dense fog, in part,
the Board maintained, because of the U.S. Coast Guard's failure to
establish higher standards for licensing operators of inland towing
vessels. This interim rule arises largely from a cooperative effort
between the Coast Guard and the towing industry.
This rule 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)).
A Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT follows:
Benefits. The principal benefits of this rule will be to enhance
the safety of navigation and to reduce the risk of collisions,
allisions, groundings, and human casualties. We intend this rule to
improve safety in the towing industry by increasing the levels of
knowledge and proficiency of the mariners in charge of the navigation
and safety of the towing vessel and crew. The training that is required
by this rule should significantly decrease the number of fatalities and
injuries in the towing industry and also reduce the amount of property
damage.
We analyzed information from our Marine Safety Management System
(MSMS) to quantify benefits. We concentrated our analysis of the
benefits on data sets from 1996 through 1998. First, we analyzed all
cases where death had occurred involving a towing vessel. There were 21
accidents resulting in 27 deaths. Secondly, we found about 1500 marine
casualties involving towing vessels where a lack of knowledge or
proficiency was cited as a causal factor. For the purpose of analysis
we examined only the 50 cases where the total damage was the greatest.
Relying on narratives written by the Investigating Officers (IOs)
of the Coast Guard, we assigned to cases probabilities depending on the
likelihood that this rulemaking might have helped in preventing the
casualty. We recognize that operator error is only one of the causal
factors in many casualties. Consequently, we gave even incidents that
earned a ``High'' probability (of avoidance through measures included
in this rule) only a value of 20 to 40 percent. We gave those that
earned a ``Low'' probability values of 5 to 15 percent.
We estimate that annual benefits from preventing deaths will range
from $2,430,000 to $5,130,000, while annual benefits from preventing
property damage will range from $1,158,987 to $2,546,694. The 10-year
present value of total benefits should range from $25,207,543 to
$53,917,886. The 10-year benefit-cost ratio of this rule should range
from 2.59 to 5.54 with the average being 4.07.
[[Page 63223]]
Finally, this benefit analysis considered only a portion of the
1500 cases where a lack of knowledge or proficiency was cited as a
causal factor. Also, we did not quantify any benefits from preventing
injuries. Other areas where benefits exist, but were not quantified,
were disruption of private automobile and commercial truck traffic when
bridges are damaged, and environmental damage from spilled cargo.
Costs. There are around 5,400 documented towing vessels in the
United States. This rule should have a minimal impact on the operators
of these vessels because holders of current licenses will be
grandfathered into new licenses commensurate with their experience.
Because these new licenses will be issued at the time of routine
renewal, there will be no new users' fees for them. The rule, however,
will result in increased fees for new entrants into the towing
industry.
Most revisions to the SNPRM, as reflected in this rule, either make
editorial changes or update technical information to reflect comments
to the SNPRM. But there are certain ones that are substantive and will
require different actions by mariners. In response to comments from the
public and TSAC, we now allow mariners who have not had administrative
action taken against their license culminating in suspension or
revocation to submit ``information'' and so forgo any demonstration of
proficiency for license renewal.
We estimate the annual costs--including direct costs for new
entrants into the industry and indirect costs associated with
industry's increased paperwork burden--of compliance with this rule at
$1,314,424. The 10-year present value of cost to industry, discounted
at 7 percent back to 1998, would total $9,231,964.
The annual Federal Government costs include Coast Guard time and
resources to review towing officers' assessment records for existing
mariners, as well as the service records, applications, and check-ride
results of entry mariners. We estimate the total costs the Government
burden at $70,464 a year. The 10-year present value of government
costs, discounted at 7 percent back to 1998, would total $494,910.
We estimate that the 10-year present value, discounted at 7 percent
back to 1998, of costs to industry and Government would total
$9,726,874.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 rule will place its primary economic burden on the mariner,
not on the mariner's employer. However, we will continue to require
towing companies to maintain evidence that every vessel they operate is
under the direction and control of a licensed mariner with appropriate
experience, including 30 days of observation and training on the
intended route (as currently required under 46 CFR part 15). These
companies are also required under 46 CFR part 10 to record and document
sea service of licensed personnel, which should satisfy the
recordkeeping and documentation requirements for this rulemaking. This
analysis considered all of the roughly 1,252 companies operating towing
vessels to be small entities that will experience increased burdens. At
an estimated increased burden of 2 hours a company per year, the total
impact of this rule on small entities should be $42,568 a year (1,252
companies x 2 hours a company a year x $17 an hour). The estimated
impact of 2 hours will not apply to all companies since many are
already compiling the information required under this part. The
estimated burden is a conservative estimate based upon current
practice. 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 you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule will have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Lieutenant Commander Luke
Harden, Office of Operating and Environmental Standards (G-MSO), Coast
Guard, telephone 202-267-0229; e-mail Lharden@comdt.uscg.mil. 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 agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). You may access
the Small Business Administration's site on the Internet at http://
www.sbaonline.sba.gov/SBDC/.
Collection of Information
This interim rule provides for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the collections, a description of
the respondents, and an estimate of the total annual burden follow. The
estimate accounts for the time for reviewing instructions, searching
existing sources of data, gathering and maintaining the data needed,
and completing and reviewing the collection.
DOT No.: 2115.
OMB Control No.: 2115-0623
Title: Licensing and Manning for Officers of Towing Vessels.
Collection of Information: This interim rule requires every mariner
who seeks either an original license as mate (pilot) of towing vessels
or an endorsement for towing vessels to have a towing officers'
assessment record. It also requires a report on a final check-ride
before a designated examiner for every mariner seeking an original
license.
Need for Information: The need for the collection of information is
to ensure that the mariner's training information is available to
assist in determining his or her overall qualification to hold a
merchant mariner's license issued by the Coast Guard. These
recordkeeping requirements are consistent with good commercial
practices to the end of good seamanship for safe navigation. The
following is a section-by-section explanation of them:
[[Page 63224]]
Section 10.304(h) requires each applicant for a license as mate
(pilot) of towing vessels, and each master or mate of self-propelled
vessels of greater than 200 gross tons seeking an endorsement for
towing vessels, to complete a towing officers' assessment record.
Section 10.463(h) requires a company to maintain evidence that
every vessel it operates is under the direction and control of a
licensed mariner with appropriate experience, including 30 days of
observation and training on the intended route. The company may do this
with copies of current licenses and voyage records that most companies
already keep.
Section 10.464(d)(2) requires masters of vessels of greater than
200 gross tons to maintain towing officers' assessment records for
license endorsements as masters of towing vessels. Collection of this
information is necessary to ensure that the masters have completed the
series of qualification for the towing industry.
Sections 10.465(a)(2), (b)(2), (c)(2), and (d) each require a final
check-ride before a designated examiner. Afterwards, they require the
applicant to submit his or her completed towing officers' assessment
record to the Coast Guard Regional Examination Center. Collection of
this information is necessary because it will raise the safety of
towing by upgrading the evaluation process.
Section 10.465(c) also requires mates of self-propelled vessels of
greater than 200 gross tons to maintain towing officers' assessment
records for license endorsements over new routes. Collection of this
information is necessary to ensure that the mates have completed the
series of qualification for the towing industry.
Proposed Use of Information: This information warrants the mariner
qualified to hold a license for the service in which he or she would
engage.
Description of Respondents: Mariners licensed to operate towing
vessels, prospective towing-vessel officers, and companies employing
these mariners.
Number of Respondents: 13,024 existing mariners of towing vessels,
320 new entrants to the industry, and about 1,252 companies employing
these mariners.
Frequency of Response: Since licenses are valid for 5-year periods,
the frequency of response for existing mariners should be 20 percent of
existing mariners of towing vessels responding in any given year. Each
year, all new applicants will have a paperwork burden.
The Coast Guard estimates that 95 percent of existing mariners will
choose to maintain towing officers' assessment records as a method of
renewal.
An estimated 1 percent of currently licensed mariners may complete
a report on a final check-ride before a designated examiner every year.
The estimated total percentage of currently licensed mariners who may
complete a report on the final check-ride during a 5-year period is 5
percent. Final check-ride before a designated examiner under
Secs. 10.465(a)(2), (b)(2), and (c)(2) entails a one-time record after
completion of the mariner's towing officers' assessment record.
About 1,252 companies must maintain files of licenses and voyage
records for each mariner, to be revised upon the expansion of a
mariner's route.
Burden of Response: About 95 percent of current licensed towing-
vessel operators have to perform an estimated 1.0 hour of management
time a year to provide the Coast Guard with updates of their licensing
records. About 5 percent of these operators may have to perform an
estimated 0.5 hour of management time over 5 years to provide the Coast
Guard evidence of having performed the final check-ride. About 320
entry-level mariners seeking licenses to become such operators may have
to perform an estimated 1.0 hour of management time apiece each year to
provide the Coast Guard with updates of their licensing records.
Under Sec. 10.463(h), about 1,252 companies will have to maintain
evidence that every vessel they operate is under the direction and
control of a licensed mariner with appropriate experience. (The total
burden for each company should come to 2 hours for all of its mariners
each year.)
The estimated cost to industry (companies and mariners) for this
collection of information is $283,206 a year. The estimated cost to
government is $70,464 a year.
Estimated Total Annual Burden: The total burden of reporting and
recordkeeping for industry is 15,338 hours a year. The total burden of
them for government is 2936 hours a year.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this rule to OMB for its review
of the collection of information. We ask for public comment on the
collection of information to help us determine how useful the
information is; whether it can help us perform our functions better;
whether it is readily available elsewhere; how accurate our estimate of
the burden of collection is; how valid our methods for determining
burden are; how we can improve the quality, usefulness, and clarity of
the information; and how we can minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
requirements for this collection of information become effective, we
will publish notice in the Federal Register of OMB's decision to
approve, modify, or disapprove the collection.
Federalism
We have analyzed this interim rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This interim rule will not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34)(c), of
[[Page 63225]]
Commandant Instruction M16475.lC, this rule is categorically excluded
from further environmental documentation. This rule is a matter of
``training, qualifying, licensing, and disciplining of maritime
personnel'' within the meaning of paragraph (34)(c) that clearly has no
environmental impact. A ``Categorical Exclusion Determination'' is
available in the docket where indicated under ADDRESSES.
List of Subjects
46 CFR Part 10
Reporting and recordkeeping requirements, Schools, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 10 and 15 as follows:
PART 10--LICENSING OF MARITIME PERSONNEL
1. Revise the authority citation for part 10 to read as follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. Chapter 71; 46 U.S.C 7502, 7505, and 7701; 49
CFR 1.45 and 1.46. Section 10.107 is also issued under the authority
of 44 U.S.C. 3507.
2. In Sec. 10.103, revise the definition of Inland waters; and add
the definitions of Apprentice mate (steersman) of towing vessels,
Approved training, Disabled vessel, Harbor assist, and Pilot of towing
vessels, in alphabetical order, to read as follows:
Sec. 10.103 Definitions of terms used in this part.
Apprentice mate (steersman) of towing vessels means a mariner
qualified to perform watchkeeping on the bridge, aboard a towing
vessel, while in training under the direct supervision of a licensed
master or mate (pilot) of towing vessels.
* * * * *
Approved training means training that is approved by the Coast
Guard or meets the requirements of Sec. 10.309.
* * * * *
Disabled vessel means a vessel that needs assistance, whether
docked, moored, anchored, aground, adrift, or under way; but does not
mean a barge or any other vessel not regularly operated under its own
power.
* * * * *
Harbor assist means the use of a towing vessel during maneuvers to
dock, undock, moor, or unmoor a vessel, or to escort a vessel with
limited maneuverability.
* * * * *
Inland waters means the navigable waters of the United States
shoreward of the Boundary Lines as described in 46 CFR part 7,
excluding the Great Lakes and Western Rivers. For establishing credit
for sea service, the waters of the Inside Passage between Puget Sound
and Cape Spencer, Alaska, are inland.
* * * * *
Pilot of towing vessels means a qualified officer of towing vessels
operating only on inland routes.
* * * * *
Sec. 10.201 [Amended]
3. In Sec. 10.201, in paragraph (f)(1), remove the words ``second-
class operator of uninspected towing vessel'' and add, in their place,
the words ``mate (pilot) of towing vessels''; and, in paragraph (f)(2),
remove the words ``designated duty engineer of vessels of not more than
1,000 horsepower, may be granted to an applicant who has reached the
age of 18 years'' and add, in their place, the words ``designated duty
engineer of vessels of not more than 1,000 horsepower, or apprentice
mate (steersman) of towing vessels, may be granted to an applicant,
otherwise qualified, who has reached the age of 18 years''.
Sec. 10.203 [Amended]
4. In Sec. 10.203, in Table 10.203, in column one, remove the word
``Uninspected'' from before the words ``towing vessels'' and capitalize
the first letter in the word ``towing''; and, in column two, remove the
words ``Operator: 21; 2/c operator: 19'' from the license category just
amended to read ``Towing vessels'' and add, in their place, the words
``Master of towing vessels: 21; mate (pilot) of towing vessels: 19;
apprentice mate (steersman): 18''.
Sec. 10.205 [Amended]
5. In Sec. 10.205, in paragraph (f)(1), remove the words ``operator
of uninspected towing vessels'' and add, in their place, the words
``master or mate (pilot) of towing vessels''; and revise paragraph
(g)(3) to read as follows:
* * * * *
(g) * * *
(3) All licenses for master or mate (pilot), except apprentice mate
(steersman), for towing vessels on oceans.
* * * * *
6. In Sec. 10.209, add paragraphs (c)(6) and (7) to read as
follows:
Sec. 10.209 Requirements for renewal of licenses, certificates of
registry, and STCW certificates and endorsements.
* * * * *
(c) * * *
(6) Except as provided by paragraph (c)(7) of this section, an
applicant for renewal of a license as master or mate (pilot) of towing
vessels shall submit satisfactory evidence, predating the application
by not more than 1 year, of satisfying the requirements of paragraph
(c)(1)(i) or (ii) of this section, or those of paragraph (c)(1)(iv) of
this section except the exercise; and of either--
(i) Completing a practical demonstration of maneuvering and
handling a towing vessel before a designated examiner; or
(ii) Submitting documentation in the form of a towing officers'
assessment record that lists training, drills, and experience during
the license's validity in which an operator's proficiency is assessed
over time.
(7) An applicant for renewal of a license as master or mate (pilot)
of towing vessels whose most recent license was suspended or revoked by
an administrative law judge for incompetence shall complete the
practical demonstration rather than submit the towing officers'
assessment record under paragraph (c)(6)(i) of this section.
* * * * *
7. In Sec. 10.304, revise the section heading, redesignate
paragraph (h) as (i), and add new paragraph (h) to read as follows:
Sec. 10.304 Substitution of training for required service, use of
training-record books, and use of towing officer assessment records.
* * * * *
(h) Each applicant for a license as master or mate (pilot) of
towing vessels, and each master or mate of self-propelled vessels of
greater than 200 gross tons seeking an endorsement for towing vessels,
shall complete a towing officers' assessment record that contains at
least the following:
(1) Identification of the candidate, including full name, home
address, photograph or photo-image, and personal signature.
(2) Objectives of the training and assessment.
(3) Tasks to perform or skills to demonstrate.
(4) Criteria to use in determining that the tasks or skills have
been performed properly.
(5) A place for a qualified instructor to indicate by his or her
initials that the candidate has received training in the proper
performance of the tasks or skills.
[[Page 63226]]
(6) A place for a designated examiner to indicate by his or her
initials that the candidate has successfully completed a practical
demonstration and has proved competent in the task or skill under the
criteria.
(7) Identification of each qualified instructor by full name, home
address, employer, job title, ship name or business address, number of
any Coast Guard license or document held, and personal signature.
(8) Identification of each designated examiner by full name, home
address, employer, job title, ship name or business address, number of
any Coast Guard license or document held, and personal signature
confirming that his or her initials certify that he or she has
witnessed the practical demonstration of a particular task or skill by
the candidate.
* * * * *
8. In Sec. 10.403, revise the section heading and revise Figure
10.403 to read as follows:
Sec. 10.403 Structure of deck licenses.
* * * * *
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[[Page 63228]]
Sec. 10.412 [Amended]
9. In Sec. 10.412(a), remove the words ``operator of uninspected
towing vessels,''.
Sec. 10.414 [Amended]
10. In Sec. 10.414(a), remove the words ``operator of uninspected
towing vessels,''.
11. Revise Sec. 10.418(b) to read as follows:
Sec. 10.418 Service requirements for master of ocean or near-coastal
steam or motor vessels of not more than 500 gross tons.
* * * * *
(b) The holder of a license as master or mate (pilot) of towing
vessels authorizing service on oceans or near-coastal routes is
eligible for a license as master of ocean or near-coastal steam or
motor vessels of not more than 500 gross tons after both 1 year of
service as master or mate of towing vessels on oceans or near-coastal
routes and completion of a limited examination.
Sec. 10.420 [Amended]
12. In Sec. 10.420, remove the words ``operator of uninspected
towing vessels,''.
Sec. 10.424 [Amended]
13. In Sec. 10.424(a)(2), remove the words ``operator or second-
class operator of ocean or near-coastal uninspected towing vessels''
and add, in their place, the words ``master or mate of ocean or near-
coastal towing vessels''.
14. Revise Sec. 10.426(a)(2) to read as follows:
Sec. 10.426 Service requirements for master of near-coastal steam or
motor vessels of not more than 200 gross tons.
(a) * * *
(2) One year of total service as licensed master or mate of towing
vessels on oceans or near-coastal routes. Completion of a limited
examination is also required.
* * * * *
Sec. 10.442 [Amended]
15. In Sec. 10.442, paragraphs (a) and (b), remove the words
``operator of uninspected towing vessels'' from the two places where
they occur and add, in their places, the words ``master of towing
vessels''.
Sec. 10.444 [Amended]
15a. In Sec. 10.444(c), remove the words ``second-class operator of
uninspected towing vessels'' and add, in their place, the words ``mate
(pilot) of towing vessels''.
Sec. 10.446 [Amended]
16. In Sec. 10.446(b)--
a. In the first sentence, remove the word ``operator'' wherever it
appears and add, in its place, the word ``master'' and remove the word
``uninspected'' wherever it appears; and
b. In the third sentence, remove the words ``operator or second-
class operator of uninspected'' and add, in their place, the words ``
master or mate (pilot) of''.
Sec. 10.452 [Amended]
17. In Sec. 10.452(a), remove the words ``operator or second-class
operator of uninspected towing vessels'' and add, in their place, the
words ``master or mate (pilot) of towing vessels''.
Sec. 10.462 [Amended]
18. In Sec. 10.462(c), remove the words ``operator of uninspected
towing vessels'' and add, in their place, the words ``master or mate
(pilot) of towing vessels''.
19. Add Sec. 10.463 to read as follows:
Sec. 10.463 General requirements for licenses for master, mate
(pilot), and apprentice mate (steersman) of towing vessels.
(a) The Coast Guard issues the following licenses:
(1) Master of towing vessels.
(2) Master of towing vessels, harbor assist.
(3) Master of towing vessels, limited.
(4) Mate (pilot) of towing vessels.
(5) Mate (pilot) of towing vessels, limited.
(6) Apprentice mate (steersman).
(7) Apprentice mate (steersman), harbor assist.
(8) Apprentice mate (steersman), limited.
(b) A master license means a license to operate a towing vessel not
restricted to harbor assist and not restricted to a local area
designated by the OCMI. This also applies to a mate (pilot) license.
(c) For this section, limited means a license to operate a towing
vessel of less than 200 gross tons limited to a local area designated
by the OCMI.
20. Revise Sec. 10.464 to read as follows:
Sec. 10.464 Requirements for licenses as master of towing vessels.
(a) If you would like to obtain a license as master of towing
vessels endorsed with a route listed in column 1 of Table 10.464-1,
then you must complete the service requirements indicated in columns 2
through 5. If you would like to upgrade your license as master of
towing vessels (harbor assist), then you must complete the service
requirements listed in columns 6 through 9. You may serve on the
subordinate routes listed in column 10 if you complete the observation
and training required in column 11.
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[[Page 63230]]
(b) If you would like to obtain a license as master of towing
vessels (harbor assist) endorsed with a route listed in column 1 of
Table 10.464-2, then you must complete the service requirements
indicated in columns 2 through 5. If you would like to upgrade your
license as master of towing vessels (limited), then you must complete
the service requirements listed in columns 6 and 7, and either 8, 9, or
10. You may serve on the subordinate routes listed in column 11 if you
complete the observation and training required in column 12.
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[[Page 63232]]
(c) If you would like to obtain a license as master of towing
vessels (limited), then you must complete the service requirements
listed in Table 10.464-3.
Table 10.464-3.--Requirements for License as Master of Towing Vessels (Limited)
----------------------------------------------------------------------------------------------------------------
2 Total service 3 TOS \2\ on T/V as 4 TOS \2\ on particular
1 Route endorsement \1\ limited mate (pilot) route
----------------------------------------------------------------------------------------------------------------
LIMITED LOCAL AREA (LLA)............... 36 12 of 36.................. 3 of 12.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
(d) The Coast Guard restricts licenses as master of towing vessels
for oceans and near-coastal routes by the gross tonnage of the towing
vessels on which the experience was acquired by 200, 500, 1,600 gross
tons, per Secs. 10.424, 10.418, and 10.412 of this part, respectively.
(e) Before you serve as master of towing vessels on the Western
rivers, you must possess 90 days of observation and training and have
your license endorsed for Western Rivers.
(f) Each company must maintain evidence that every vessel it
operates is under the direction and control of a licensed mariner with
appropriate experience, including 30 days of observation and training
on the intended route other than Western Rivers.
(g) If you hold a license as master of self-propelled vessels of
greater than 200 gross tons and first-class pilot then you may obtain
an endorsement for towing vessels (restricted to the service presented)
if you--
(1) Have 30 days of training and observation on towing vessels on
each of the routes for which the endorsement is sought, except as noted
in paragraph (e) of this section;
(2) Submit a towing officers' assessment record described in
Sec. 10.304(h) that exhibits evidence of assessment of practical
demonstration of skills; and
(3) Pass an examination.
21. Add Sec. 10.465 to read as follows:
Sec. 10.465 Requirements for licenses as mate (pilot) of towing
vessels.
(a) If you would like to obtain a license as mate (pilot) of towing
vessels endorsed with a route listed in column 1 of Table 10.465-1,
then you must complete the service requirements indicated in columns 2
through 4 and either 5 or 6. If you hold a license as master of towing
vessels (harbor assist or limited) and would like to upgrade it to mate
(pilot), then you must complete the requirements in column 7. If you
hold a license as mate (pilot)(limited) and would like to upgrade it to
mate (pilot), then you must complete the requirements in columns 2
through 6 and pass a limited examination. You may serve on the
subordinate routes listed in column 8 if you complete the observation
and training required in column 9.
[[Page 63233]]
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[[Page 63234]]
(b) The Coast Guard restricts licenses as mate (pilot) of towing
vessels for oceans and near-coastal routes by the gross tonnage of the
towing vessels on which the experience was acquired-by 200, 500, 1,600
gross tons, under Secs. 10.424, 10.418, and 10.412 of this part,
respectively.
(c) Before you serve as mate (pilot) of towing vessels on the
Western Rivers, you must possess 90 days of observation and training
and have your license endorsed for Western Rivers.
(d) Each company must maintain evidence that every vessel it
operates is under the direction and control of a licensed mariner with
appropriate experience, including 30 days of observation and training
on the intended route other than Western Rivers.
(e) If you would like to obtain a license as mate (pilot) of towing
vessels (limited), then you must complete the service requirements
listed in Table 10.465-2.
Table 10.465-2.--Requirements for License as Mate (Pilot) of Towing Vessels (Limited)
----------------------------------------------------------------------------------------------------------------
4 Certificate of course
3 TOS \2\ on T/V as completion--training
1 Route endorsement 2 Total service apprentice mate (steerman) officers' assessment
\1\ record
----------------------------------------------------------------------------------------------------------------
LIMITED LOCAL AREA (LLA)........... 24 6 of 24.................... Either.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
(f) If you hold a license as mate of self-propelled vessels of
greater than 200 gross tons and one as first-class pilot then you may
obtain an endorsement for towing vessels (restricted to the service
presented) if you--
(1) Have 30 days of training and observation on towing vessels on
each of the routes for which you seek the endorsement, except as noted
in paragraph (c) of this section;
(2) Submit a towing officers' assessment record described in
Sec. 10.304(h) that exhibits evidence of assessment of practical
demonstration of skills; and
(3) Pass an examination.
(g) An approved training course for mate (pilot) of towing vessels
must include formal instruction and practical demonstration of
proficiency either on board a towing vessel or at a shoreside training
facility before a designated examiner, and must cover--
(1) Shipboard management and training;
(2) Seamanship;
(3) Navigation;
(4) Watchkeeping;
(5) Radar;
(6) Meteorology;
(7) Maneuvering and handling of towing vessels;
(8) Engine-room basics; and
(9) Emergency procedures.
Sec. 10.466 Redesignated as Sec. 10.467
22. Redesignate Sec. 10.466 as Sec. 10.467 and add a new
Sec. 10.466 to read as follows:
Sec. 10.466 Requirements for licenses as apprentice mate (steersman)
of towing vessels.
(a) If you would like to obtain a license as apprentice mate
(steersman) of towing vessels listed in column 1 endorsed with a route
listed in column 2 of Table 10.466-1, then you must complete the
service requirements indicated in columns 3 through 6.
Table 10.466-1.--Requirements for License as Apprentice Mate (Steersman \4\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 Total 5 TOS \2\ on
1 License type 2 Route endorsed service \1\ 4 TOS \2\ on T/V particular route 6 Pass examination \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN).... OCEANS (O)................. 18 12 of 18.............. 3 of 18............... Yes.
NEAR-COASTAL (NC).......... 18 12 of 18.............. 3 of 18............... Yes.
GREAT LAKES-INLAND (GL-I).. 18 12 of 18.............. 3 of 18............... Yes.
RIVERS (R)................. 18 12 of 18.............. 3 of 18............... Yes.
WESTERN RIVERS (WR)........ 18 12 of 18.............. 3 of 18............... Yes.
(2) APPRENTICE MATE (STEERSMAN) NOT APPLICABLE............. 18 12 of 18.............. 3 of 18............... Yes.
(HARBOR ASSIST).
(3) APPRENTICE MATE (STEERSMAN) NOT APPLICABLE............. 18 12 of 18.............. 3 of 18............... Yes.
(LIMITED) \4\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
\3\ The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination.
\4\ For all inland routes, as well as Western Rivers, the license as steersman is equivalent to that as apprentice mate. All qualifications and
equivalencies are the same.
(b) If you hold a license as apprentice mate (steersman) of towing
vessels you may obtain a restricted endorsement as limited apprentice
mate (steersman). This endorsement will go on your license after you
pass an examination for a route that is not included in the current
endorsements and on which you have no operating experience. Upon
completion of 3 months of experience on that route, you may have the
restricted endorsement removed.
23. Revise Sec. 10.482(a) to read as follows:
[[Page 63235]]
Sec. 10.482 Assistance towing.
(a) This section contains the requirements to qualify for an
endorsement authorizing an applicant to engage in assistance towing.
The endorsement applies to all licenses except those for master and
mate (pilot) of towing vessels and those for master or mate authorizing
service on inspected vessels over 200 gross tons. Holders of any of
these licenses may engage in assistance towing within the scope of the
licenses and without the endorsement.
* * * * *
Sec. 10.701 [Amended]
24. In Sec. 10.701(a), remove the words ``operator of uninspected
towing vessels'' and add, in their place, the words ``master or mate
(pilot) of towing vessels''.
Sec. 10.703 [Amended]
25. In Sec. 10.703(a), remove the words ``operator of uninspected
towing vessels'' and add, in their place, the words ``master or mate
(pilot) of towing vessels''.
Sec. 10.901 [Amended]
26. In Sec. 10.901(b)(1), remove the words ``uninspected towing
vessels'' and add, in their place, the words ``master or mate (pilot)
of towing vessels''.
27. In Sec. 10.903--
a. In paragraph (c) in Table 10.903-1, in the entry for STCW CODE
II/2, p. 3 & 4, add an ``X'' in column 7;
b. In paragraph (c) in Table 10.903-1, in the entry for STCW CODE
II/3, remove the ``X'' in column 7; and
c. Revise paragraphs (a)(18), (b)(4), and (c)(7) to read as
follows:
Sec. 10.903 Licenses requiring examinations.
(a) * * *
(18)(i) Apprentice mate (steersman) of towing vessels;
(ii) Apprentice mate (steersman) of towing vessels, harbor assist;
* * * * *
(b) * * *
(4) Master or mate (pilot) of towing vessels (endorsed for the same
route).
(c) * * *
(7) Master or mate of towing vessels of over 200 gross tons, oceans
(domestic trade) and near-coastal.
* * * * *
28. In Sec. 10.910, revise paragraphs 10 through 12 in Table
10.910-1 to read as follows:
Sec. 10.910 Subjects for deck licenses.
* * * * *
10. Apprentice mate, towing vessels, ocean (domestic trade) and
near-coastal routes.
11. Apprentice mate (steersman), towing vessels, Great Lakes and
inland routes.
12. Steersman, towing vessels, Western Rivers.
* * * * *
PART 15--MANNING REQUIREMENTS
29. Revise the authority citation for part 15 to read as follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), and 9102; and 49 CFR 1.45 and 1.46.
Sec. 15.301 [Amended]
30. Section 15.301 is amended as follows:
a. In paragraph (a), add the definition of Disabled Vessel, in
alphabetical order;
b. Remove paragraph (b)(6); and
c. Redesignate paragraphs (b)(7) through (10) as paragraphs (b)(6)
through (9).
The addition to Sec. 15.301(a) reads as follows:
(a) * * *
Disabled vessel means a vessel that needs assistance, whether
docked, moored, anchored, aground, adrift, or under way; but does not
mean a barge or any other vessel not regularly operated under its own
power.
* * * * *
31. Revise Sec. 15.610 to read as follows:
Sec. 15.610 Master and mate (pilot) of towing vessels.
Every towing vessel at least 8 meters (at least 26 feet) in length
measured from end to end over the deck (excluding sheer), except a
vessel described by the next sentence, must be under the direction and
control of a person licensed as master or mate (pilot) of towing
vessels or as master or mate of vessels of appropriate gross tonnage
holding an endorsement on his or her license for towing vessels. This
does not apply to any vessel engaged in assistance towing, or to any
towing vessel of less than 200 gross tons engaged in the offshore
mineral and oil industry if the vessel has sites or equipment of that
industry as its place of departure or ultimate destination.
Sec. 15.705 [Amended]
32. In Sec. 15.705(d), remove the words ``individual operating an
uninspected towing vessel'' and add, in their place, the words ``master
or mate (pilot) operating a towing vessel''; and remove the words
``individuals serving as operators of uninspected towing vessels'' and
add, in their place, the words ``masters or mates (pilots) serving as
operators of towing vessels''.
33. In Sec. 15.805, add paragraph (a)(5) to read as follows:
Sec. 15.805 Master.
(a) * * *
(5) Every towing vessel of at least 8 meters (at least 26 feet) or
more in length.
* * * * *
34. In Sec. 15.810, redesignate paragraphs (d) and (e) as (e) and
(f); and add a new paragraph (d) to read as follows:
Sec. 15.810 Mates.
* * * * *
(d) Each person in charge of the navigation or maneuvering of a
towing vessel of at least 8 meters (at least 26 feet) in length shall
hold either a license authorizing service as mate of towing vessels--
or, on inland routes, as pilot of towing vessels--or a license as
master of vessels of appropriate gross tonnage according to the routes,
endorsed for towing vessels.
* * * * *
35. Revise Sec. 15.910 to read as follows:
Sec. 15.910 Towing vessels.
No person may serve as master or mate (pilot) of any towing vessel
of at least 8 meters (at least 26 feet) in length unless he or she
holds a license authorizing such service.
Dated: November 9, 1999.
R.C. North,
Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 99-29832 Filed 11-18-99; 8:45 am]
BILLING CODE 4910-15-U
