[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Proposed Rules]
[Pages 56720-56723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27552]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 15
[USCG-1999-6097]
RIN 2115-AF90
Federal Pilotage for Foreign-Trade Vessels in Maryland
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to require that vessels engaged in
foreign trade, under way on the navigable waterways within the State of
Maryland, be under the direction and control of Federally-licensed
pilots when not under the control and direction of State pilots. This
measure is necessary to ensure that vessels are navigated by competent,
qualified persons, knowledgeable in the local area and accountable to
either the State or the Coast Guard. This measure would promote
navigational safety by increasing the level of accountability and
reducing the risk of marine casualties in the waters of Maryland.
DATES: Comments and related material must reach the Docket Management
Facility on or before December 20, 1999.
[[Page 56721]]
ADDRESSES: To make sure your comments and related material do not enter
the docket more than once, please submit them (referred to USCG 1999-
6097) by only one of the following means:
(1) By mail to the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC
20590-0001.
(2) By 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.
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 proposed rule,
contact Mr. Timothy Farley, Office of Investigations and Analysis (G-
MOA), Coast Guard, 202-267-1414; e-mail Tfarley@comdt.uscg.mil, or
Lieutenant Michael Dreier, Office of Standards, Evaluation and
Development (G-MSR), phone 202-267-6490; e-mail Mdreier@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-
6097), 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 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 self-addressed, stamped postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request 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
Under 46 U.S.C. 8503(a) the Secretary of Transportation may require
a Federally-licensed pilot to be aboard a self-propelled vessel engaged
in foreign trade and operating on the navigable waters of the United
States when State law does not require a pilot. 46 U.S.C. 8503(b)
provides that Federal authority to require Federally-licensed pilots on
vessels engaged in foreign trade terminates when the State having
jurisdiction establishes a superseding requirement for a State pilot
and notifies the Secretary (in practice, the Coast Guard) of that fact.
46 CFR part 15 requires Federal pilots to be aboard vessels engaged in
foreign trade while operating on certain navigable waters within
California, Hawaii, Massachusetts, New York and New Jersey, and North
Carolina. (On October 27, 1998, we issued a final rule [63 FR 57252]
that requires vessels engaged in foreign trade to have Federal pilots
aboard when operating in specified waters in North Carolina.)
Commercial vessels transit the navigable waters of the State of
Maryland carrying various types of freight, oil, and hazardous
substances and materials, as well as large quantities of bunkers. Under
Maryland law [General Statutes of Maryland, Sec. 11-501], every foreign
vessel and every domestic vessel sailing under register must use a
State-licensed pilot, except that the vessel need not use a State-
licensed pilot if it is under the control of a docking master while
maneuvering with tug assistance during berthing or unberthing, or
shifting within a port. Maryland does not license, establish
qualifications for, or regulate the competency of, these docking
masters. Although all docking masters now operating in the Port of
Baltimore already hold valid Federal pilots' licenses (or pilotage
endorsements on Federal licenses), holding these is voluntary and is as
yet neither a State nor a Federal requirement. Anyone may serve as
docking master, and, by law, no one need demonstrate proficiency or
competency to do so. This problem is similar to the one that prevailed
in New York Harbor until the adoption in 1995 of 46 CFR 15.1030.
Docking masters, many of whom held valid Federal pilots' licenses,
provided pilotage. 46 U.S.C. 7703 establishes that a mariner's license
is not subject to suspension or revocation unless the mariner is acting
under it. (A docking master is acting under his or her Federal pilot's
license when directing a tug assisting a ship. The problem has been
that he or she may not be acting under it when directing the ship
itself, either in the absence of a tug or without reliance on one.)
Unless the docking master is operating under the authority of a Federal
License (or pilotage endorsement), or the Coast Guard has some other
basis for jurisdiction, the Coast Guard cannot suspend or revoke his or
her Federal license. This rule would help ensure that a person
providing pilotage is operating under the authority of either a valid
State or Federal pilot's license, and so would ensure adequate
accountability. It would add a new section to Subpart I of 46 CFR Part
15 to require that a foreign-trade vessel be under the direction and
control of a Federally-licensed pilot when operating in designated
waters of Baltimore Harbor from the Key Bridge to moor, except when
under the direction and control of a State-licensed pilot operating
under the authority of his or her State license.
We have determined that it is unsafe for certain vessels to
undertake intra-port transits, or otherwise navigate in the waters of
the State of Maryland, except when under the direction and control of
pilots accountable to the State or the Coast Guard. Operating these
vessels with docking masters who are either not licensed (or endorsed)
as Federal or State pilots or not operating under the authority of
pilots' licenses presents an unacceptable risk to human life, property,
and the environment. Therefore, we have determined that requiring
persons to serve under the authority of Federal first-class pilots'
licenses (or endorsements), and so be accountable for their actions and
[[Page 56722]]
competency, would increase maritime safety.
Currently, to obtain a Federal first-class pilot's license (or
endorsement), a person must pass a comprehensive examination, which
includes performing a chart sketch of the area, demonstrating
proficiency in the use of navigational aids, and maneuvering and
handling ships in high winds, tides, and currents. Further, a person
must complete a specific number of transits in the area and demonstrate
specialized knowledge of the waters for which the Coast Guard issues
the license (or endorsement). Therefore, we propose to require Federal
pilots' licenses (or endorsements) for persons acting as docking
masters on vessels engaged in foreign trade and operating in the
navigable waters of the State of Maryland, unless these vessels are
under the direction and control of State-licensed pilots operating
under the authority of valid State pilots' licenses.
Discussion of Changes
This proposed rule would add a new section to 46 CFR part 15,
subpart I, to require that every vessel engaged in foreign trade and
operating in the navigable waters of Maryland be under the direction
and control of a Federally-licensed pilot except when under the
direction and control of a State-licensed pilot operating under the
authority of a valid State license.
Regulatory Evaluation
This proposed 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. The Office of Management and Budget has not reviewed it
under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040 (February 26, l979)). We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Foreign-trade vessels are normally under the direction and control
of docking masters or State pilots when making intra-port transits or
transits in congested waters. Although they need not, persons now
serving as docking masters within the navigable waters of the State of
Maryland do hold Federal pilots' licenses. Therefore, this rule would
not impose any immediate costs on those persons. However, persons
entering this profession in the future would have to hold Federal
first-class pilots' licenses. Historically, persons filling these
vacancies have already obtained Federal first-class pilots' licenses
and necessary endorsements in the normal course of advancement in their
profession. Nevertheless, this rule would require an initial expense to
obtain the license, in addition to a yearly physical and the five-year
renewal fees. These costs should be insignificant as those persons
currently acting as docking masters already hold, and those likely to
enter this profession would already hold, the required license. This
rule would promote responsibility and safety by requiring a Federal
first-class pilot, where the State requires no pilot. We believe that
the benefits of requiring licensed, qualified persons aboard these
vessels significantly outweigh the small costs associated with
implementing this rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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.
We expect that this rule would have minimal economic impact on
small entities. Vessels affected by this rule probably are not owned or
operated by small entities. The pilots themselves do not qualify as
small entities. However, State pilots' associations may qualify as
small entities. We understand that those persons now providing pilotage
to foreign-trade vessels calling at ports in Maryland already hold
Federal first-class pilots' licenses (or endorsements) for those
waters. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule would 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 would 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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Timothy Farley, Office of
Investigations and Analysis (G-MOA), Coast Guard, 202-267-1414; e-mail
Tfarley@comdt.uscg.mil.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
rules 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).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501-3520].
Federalism
We have analyzed this proposed rule under E.O. 12612 and have
determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Congress, under 46 U.S.C. 8503(a), specifically authorizes the
Federal Government to require a Federally-licensed pilot where State
law requires no licensed pilot. Maryland permits docking masters, not
licensed by the State, to serve as pilots on certain waters within the
State. Therefore, the Federal Government may require Federally-licensed
pilots on those waters. The Federal authority to require that pilots
hold Federal licenses is effective only until the State establishes a
superseding requirement that pilots hold State licenses and notifies
the Coast Guard of that fact according to 46 U.S.C. 8503(b).
Since this rule aims primarily at requiring Federal pilots to
supplement State pilots, we do not believe that the preparation of a
Federalism Assessment is warranted. This rule would not impinge upon
existing State laws. The Federal statute itself lets Maryland preempt
Federal authority. If Maryland adopted superseding legislation
requiring foreign and domestic vessels, sailing on registry, to be
under the direction and control of State-licensed
[[Page 56723]]
pilots, we would withdraw this rule. Still, we specifically seek public
comment on the implications of this rule for Federalism.
Unfunded Mandates Reform Act and Enhancing the Intergovernmental
Partnership
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership (58 FR 58093
(October 28, 1993)) govern the issuance of Federal rules that require
unfunded mandates. An unfunded mandate is a rule 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 proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed rule and
concluded that, under figure 2-1, paragraph (34)(a), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. We have determined that most people now
providing pilotage to foreign-trade vessels within the navigable waters
of Maryland would continue to provide it since all pilots already hold
Federal first-class pilots' licenses for these waters. Therefore, this
rule would let affected vessels continue to operate according to
current practices in the industry. We also recognize that this rule may
minimize the risk of environmental harm that may result from collisions
and grounding of vessels. Nevertheless, this impact should not be
significant enough to warrant further documentation. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
List of Subjects in 46 CFR Part 15
Crewmembers, Marine Safety, Navigation (water), Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR part 15 as follows:
PART 15--MANNING REQUIREMENTS
1. The authority citation for part 15 continues 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), 9102; 49 CFR 1.45 and 1.46.
2. Add Sec. 15.1060 to read as follows:
Sec. 15.1060 Maryland.
All U.S. navigable waters located within the State of Maryland when
the vessel is making a transit within a port to include, but not
limited to, a movement from a dock to a dock, from a dock to an
anchorage, from an anchorage to a dock, or from an anchorage to an
anchorage, and the vessel is not under the direction and control of a
State-licensed Pilot operating under the authority of a valid State
pilot's license.
Dated: October 12, 1999.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 99-27552 Filed 10-20-99; 8:45 am]
BILLING CODE 4910-15-P
