[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Proposed Rules]
[Pages 55548-55561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28409]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 10 and 15
[CGD 94-055]
RIN 2115-AF23
Licensing and Manning for Officers of Towing Vessels
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard revises the notice of proposed rulemaking
(NPRM) published on June 19, 1996, proposing requirements for licensing
mariners who operate towing vessels, inspected as well as uninspected.
This supplemental notice of proposed rulemaking (SNPRM) addresses the
numerous comments received in response to the NPRM. It should improve
the clarify those requirement proposed in the NPRM.
DATES: Comments must reach the Coast Guard on or before February 24,
1998. Comments sent to the Office of Management and Budget (OMB) on
collection of information must reach OMB on or before December 26,
1997.
ADDRESSES: You may mail comments to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 94-055), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or
deliver them to room 3406 at the same address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-267-1477. You must also mail comments to 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 Executive Secretary maintains the public docket for this
rulemaking. Comments, and documents as indicated in this preamble, will
become part of the docket and will be available for inspection or
copying at room 3406, U.S. Coast Guard Headquarters, between 9:30 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Don Darcy, Office of Operating and Environmental Standards (G-
MSO), (202) 267-0221.
[[Page 55549]]
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 94-055) and the specific section of this
document to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no longer than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans to hold public meetings regarding this
proposed rulemaking before the close of the comment period. It will
hold these meetings for the purpose of receiving oral opinions and
presentations on the proposed changes. It will announce the dates,
times, and places of the public meetings in a late notice in the
Federal Register. Persons may request additional public meetings by
writing to the Marine Safety Council at the address under ADDRESSES.
The request should include the reasons why an additional public meeting
would be beneficial. If it determines that an additional opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold another public meeting at a time and place to be announced by a
later notice in the Federal Register.
Background and Purpose
On June 19, 1996, the Coast Guard published an NPRM in the Federal
Register (61 FR 31332). The NPRM proposed updates to the licensing,
training, and qualifications of operators of towing vessels in order to
reduce marine casualties. A more detailed treatment of the following
matters appear in the preamble to the NPRM.
Development of the NPRM was an essential part of a comprehensive
initiative undertaken by the Coast Guard to improve navigational safety
for towing vessels. It followed a Coast Guard report directed by the
Secretary of Transportation, entitled ``Review of Marine Safety Issues
Related to Uninspected Towing Vessels'' (``the Review''), which
identified improvement in licensing, training, and qualifications of
operators of uninspected towing vessels (OUTVs) necessary to achieve
improved safety.
As stated in the NPRM, the Secretary of Transportation 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) 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 study conducted by the Coast
Guard entitled ``Licensing 2000 and Beyond'' (``Licensing 2000''), and
other research concluded that the requirements for licensing all
operators of towing vessels were outdated and needed improvement on the
licensing, training, and qualifications of personnel.
In response to the Review, on March 2, 1994, the Coast Guard
published a Notice of Public Meeting and Availability of Study that
announced the availability of the Review and scheduled a meeting to
seek public comment on its recommendations (59 FR 10031). The public
meeting occurred on April 4, 1994, and was well attended by the public,
representing a wide range of towing interests. Public comments, both
oral and written, helped shape the NPRM.
Advisory committees that addressed the towing-safety initiative
(the Review) included the Merchant Marine Personnel Advisory Committee
(MERPAC) and the Towing Safety Advisory Committee (TSAC). These
committees and several of their working groups created reports to
address licensing and training. The NPRM drew on the reports, too.
Note, also, that many issues pertaining to licensing and training
of matters come within the International Convention on Standards of
Training, Certification and Watchkeeping for Seafearers, 1978 (STCW).
An interim rule (62 FR 34506; June 26, 1997) carries this treaty into
domestic effect. Consequently, mariners serving on seagoing towing
vessels must meet the requirements of STCW on training, certification,
and watchkeeping, as stated previously in the NPRM.
The Coast Guard received over 780 comment letters in response to
the NPRM. Because of this response, the Coast Guard published a notice
of intent (61 FR 66642; December 18, 1996) explaining that 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 revisions before
issuance of a final rule.
The regulatory language of this SNPRM combines text from the NPRM
with text based on comments on the NPRM. The preamble of this SNPRM
discusses only the new text.
In an effort to develop a more customer-oriented approach to
drafting regulations, the Coast Guard will publish the final rule using
``plain language'' techniques. Clear, more readable regulations are
important for the success of our government's reinvention initiative.
Discussion of Comments and Changes
Although the Coast Guard received comments from all geographic
areas, most (75 percent) came from the Gulf and Western rivers. The
comments addressed the following subjects: (1) Public meetings and
extension of the comment period; (2) responsibilities of companies; (3)
responsibilities of the masters; (4) a need for additional input from
mariners; (5) overall cost and cost-benefit analysis; (6) completion of
approved training courses; (7) approved training courses using check-
ride assessments to demonstrate proficiency; (8) approved training
courses using simulators to demonstrate proficiency; (9) designated
examiners; (10) training-record books; (11) refresher courses; (12)
title terminology; (13) licensing structure; (14) horsepower as a basis
of authority; (15) route endorsements; (16) grandfathering of licenses;
(17) special endorsements; and (18) other, general subject matter.
1. Public Meetings and Extension of the Comment Period
Of the 780 comments, 489 requested either additional public
meetings or an extension of the comment period. Because many contained
multiple suggestions for modifying the proposed requirements, the Coast
Guard deemed it appropriate to incorporate any changes into an SNPRM.
This would afford the public time to reflect upon the changes, rather
than repeat itself on the NPRM. This SNPRM provides the public with an
opportunity both to comment in writing and to participate in public
meetings at times and places announced by later notices in the Federal
Register.
2. Responsibilities of Companies
The Coast Guard received 48 comments suggesting that individual
companies be held responsible, in addition to the mariners, for the
safe operation of their towing vessels. The comments alleged that some
companies use coercive tactics to force mariners to
[[Page 55550]]
operate vessels beyond normal safety limits so that products arrive at
their destination on time; ultimately straining the mariners, the
companies, and the industry.
The Coast Guard recognized in the NPRM that many companies have
already demonstrated their commitments to safety by ongoing training
and evaluating of their employees. Under the SNPRM, companies would
share greater responsibility for training and qualification of mariners
by establishing approved training courses, recommending designated
examiners, and overseeing the completion of mariners' training-record
books. This increase in responsibility is consistent with Licensing
2000 and with the TSAC Report, both of which urged increased
responsibilities of companies and accountability for the competence and
quality of mariners. The Coast Guard will not condone coercion directed
at forcing mariners to operate towing vessels in an unsafe manner. Any
unsafe operating conditions should be reported to the Coast Guard in
reliance on 46 U.S.C. 2114.
3. Responsibilities of the Masters
The Coast Guard received 339 comments concerning masters'
(captains') responsibilities. Many misinterpreted language in the NPRM
to mean that the master would assume responsibility for the vessel and
the actions of its crew at all times.
In the past, the Coast Guard held an operator of uninspected towing
vessels (OUTV) responsible for the operation of the towing vessel only
during his or her watch. However, business practices dictated--and the
Coast Guard concluded--that one operator (the lead OUTV), usually
referred to as the ``front watch,'' should be designated as the
captain, who would be responsible for the safe operation of the vessel
at all times. Although the Coast Guard does consider the captain to be
in control of the vessel's operations or management at all times, it
does not consider him or her to be responsible for the misconduct or
incompetence of the second officer, usually referred to as the ``back
watch,'' unless that officer was following directions issued by the
captain. The NPRM did not, and this SNPRM does not, intend any change
in this understanding.
4. A Need for Additional Input From Mariners
The Coast Guard received 188 comments expressing disapproval at its
failure to involve mariners during the preliminary stages of this
rulemaking. These comments encouraged the Coast Guard to avail itself
of the knowledge and experiences of active mariners, to develop
accurate and safe regulations. The Coast Guard always endeavors to
involve all interested parties in the rulemaking process and encourages
active mariners to participate in future public meetings, industry
meetings, and the additional comment period that this SNPRM provides.
5. Overall Cost and Cost-Benefit Analysis
The Coast Guard received 359 comments on cost. Sixty (17 percent)
opposed the cost-benefit analysis, stating that the dollar figures did
not reflect current salaries or wages, accurate simulator and check-
ride costs, or realistic designated-examiner fees. The remaining 299
(83 percent) made general statements about the excessive financial
burden that the rule would place on small businesses and individual
mariners. These comments argued that the industry is already heavily
burdened with other licensing expenses, such as new radar requirements,
renewal fees, medical examinations, and drug-screening examinations,
and should not be financially responsible for additional licensing
requirements. One comment even suggested that the Coast Guard should be
held financially responsible for demonstration of proficiency.
The Coast Guard has evaluated the comments from the public and
various recommendations from TSAC, all of which concern the cost-
benefit analysis. The analysis within the SNPRM reflects editorial
comments and current technical information that the Coast Guard has
reviewed and applied to the regulatory assessment for the SNPRM.
6. Completion of Approved Training Courses
A few comments supported the idea of approved training courses as
written, but most questioned including simulator training, check-ride
assessments, and a practical demonstration of proficiency at the time
of renewal. (Later sections discuss both simulator training and check-
ride assessments). With regard to renewals, acting on a recommendation
from TSAC the Coast Guard now proposes to let those mariners who have
maintained recency of service and have not had their licenses revoked
or suspended document their service and proficiency rater than undergo
practical demonstrations of proficiency at license renewal. Proof
acceptable for these mariners at license renewal includes evidence of
the minimum required service in the form of a company-provided service
letter and evidence of continued navigational proficiency in the form
either of a letter or another document from the operator's employer or
of an ongoing training-record book. In addition, all candidates for
renewal of licenses as Masters of Towing Vessels will have to pass a
rules-of-the-road exercise or refresher course. Accordingly, mariners
who have not maintained recency of service, or who have been the
subject of suspension or revocation proceedings, would have to
demonstrate proficiency by check-ride assessment or simulator in order
to renew their licenses.
7. Approved Training courses Using Check-Ride Assessments To
Demonstrate Proficiency
Of the 254 comments received in response to the NPRM concerning
this subject, 71 percent opposed the proposed requirement of a
practical demonstration by a check-ride. Most of the 71 percent came
from mariners who already have several years of experience in the
towing industry and resent that, at the time of renewal, they may have
to ``prove'' to someone that they are capable of handling towing
vessels. Another 19 percent opposed the requirement of practical
demonstration of proficiency by check-ride for experienced mariners,
but supported it for mariners with little or no experience and for
those with histories of poor seamanship. Others suggested that company
letters declaring mariners' competence be acceptable as an alternative
to the practical demonstration of proficiency by check-ride. Only 10
percent supported a practical demonstration of proficiency by check-
ride as proposed. The Coast Guard now proposes that practical
demonstrations of proficiency by check-ride be mandatory only for
license-renewal applicants whose most recent licenses were suspended or
revoked by administrative action on charges of incompetence. However,
other applicants may still opt for the practical demonstrations in lieu
of submitting properly maintained training-record books.
8. Approved Training Courses Using Simulators To Demonstrate
Proficiency
The Coast Guard received 115 comments addressing simulator
training. Of those, 86 percent opposed such training, for two reasons:
(1) The excessive cost to companies as well as individual mariners; and
(2) the inadequate number of simulators available to provide each
mariner sufficient training time. In addition, 5
[[Page 55551]]
percent simply opposed such training for experienced mariners. However,
these same comments supported it for mariners with little or no
experience. Nine percent supported it with various modifications such
as allowing mariners to use simulators for training though not for
demonstrating proficiency. In this SNPRM, the Coast Guard still
proposes to accept (not require) simulator training, as well as use of
actual towing vessels, for demonstrating proficiency by check-ride.
9. Designated Examiners
Of the 130 comments on the proposed use of a designated examiner,
only 10 percent opposed the idea. Once again, most of the 10 percent
expressed resentment at having to potentially ``prove'' their abilities
for license renewal to a designated examiner that may have less
experience. However, while the comments opposed the use of a designated
examiner for experienced mariners, they supported the idea for the
monitoring of entry-level masters and mates.
In contrast, the remaining 90 percent generally supported
application of the idea for all mariners. These supporting comments
also raised several concerns and offered suggestions for modifying the
designated-examiner proposal, most of which emphasized the need for
Coast Guard control of the designated-examiner program. Of primary
concern was assurance from the Coast Guard that companies and training
institutions would in no way be involved in the selection of designated
examiners. The comments argued that, by excluding companies and
training institutions from this decision, the Coast Guard would reduce
the potential for partiality and inconsistency throughout the towing
industry. However, a few comments did request that the Coast Guard
allow individual companies to designate their own examiners. A few
comments recommended that the Coast Guard control the selection,
training, and re-qualification of potential designated examiners.
Others comments requested that the Coast Guard ensure that mariners
designated as examiners be well-experienced, not just grandfathered,
towing-vessel mariners with higher-level licenses and more experience
than those of the mariners they are certifying. Last, some encouraged
the Coast Guard to determine and clarify the criteria used for passing
or failing a prospective mariner and the procedures for appealing a
designated examiner's decision and urged the Coast Guard to negate the
potential liability of the designated examiner--possibly by requiring
two or more check-rides with different designated examiners.
An alternative demonstration of proficiency for renewal was
recommended by TSAC and includes documentation in the form of a
training-record book listing training, drills, experience during the
license's validity, and any administrative action culminating in
suspension or revocation against the license. The Coast Guard agrees
with TSAC and has determined that there should be an alternative method
for renewal. The Coast Guard also tasked TSAC with determining
guidelines for pass-fail criteria, and TSAC has submitted acceptable
ones, which this SNPRM draws on.
The SNPRM defines a designated examiner as a person trained or
instructed in assessment techniques and otherwise qualified to evaluate
whether a candidate for a license, document, or endorsement has
achieved the level of competence necessary to hold the license,
document, or endorsement. As in the NPRM, this person may be designated
by the Coast Guard either directly or (within the context of a program
of training or assessment approved by the Coast Guard) indirectly. A
recently issued TSAC report recommended that a designated examiner
administering a check-ride assessment evaluate a mariner's performance
in six categories: (1) Vessel familiarity; (2) communications; (3)
emergency procedures; (4) rules of the road; (5) piloting and
navigation; and (6) maneuvering. Intervention by the vessel master or
designated examiner, serious violation of a rule of the road, causing
of a reportable marine incident, or failure by the operator to
sufficiently demonstrate his or her proficiency in one or more of the
six categories would be grounds for failure of a check-ride assessment.
The operator would then have to wait at least 30 days before undergoing
a re-evaluation. The Coast Guard is considering how to implement this
TSAC recommendation, however, we have decided not to include it in this
SNPRM.
10. Training-Record Book
Of the 27 comments on the proposed requirement of maintaining a
training-record book, only 4 opposed the use of such a tool. These four
argued that the vessel's daily radio log would provide sufficient
evidence of a mariner's training and service, and that use of such a
record book, if implemented, would cause a financial burden to the
industry. In addition, two of the four suggested, as an alternative,
that a letter of recommendation from two active masters under whom the
mariner served and a letter from the company should be enough to prove
training.
The remaining comments supported use of a training-record book, but
offered suggestions for modifying it. These suggestions included the
following: (1) Require mariners to maintain a daily logbook; (2)
require owners to ensure that the logbook is accurate and up to date by
using attached letters yearly or trip by trip; (3) place sole
responsibility for the logbook's accuracy and content on the individual
mariner; (4) standardize--or, at the very least, establish guidelines
as to the minimum--information that the training-record book must
contain to expedite review; and (5) develop a process that would allow
electronic maintenance of records. The Coast Guard agrees with the 23
comments that recommend the training-record book as a valuable document
to efficiently demonstrate experience in the covered subjects.
Because the towing industry is so diverse, a separate training-
record book will have to be created for each segment of the industry,
such as vessel assist, western rivers, coastal, and ocean towing. The
Coast Guard anticipates that allowing completion of a training-record
book for an STCW endorsement will allow a mariner to qualify for oceans
and international service without additional training.
11. Refresher Courses
Of the 92 comments on refresher courses and rules-of-the-road
testing, 39 percent opposed such courses; 4 comments specifically
opposed such testing. In contrast, 56 comments supported some form of
approved training relative to refresher courses or testing--31 wholly
supported a refresher course, and 21 wholly supported rules-of-the-road
testing. Of those in favor of testing or courses, many supported
approved training and testing through various methods including open-
book examinations, oral examinations, examination by mail, classroom
training, and training based on degree of experience.
This SNPRM would allow four options to fulfill the requirements for
demonstration of proficiency: (1) Complete an approved course using a
simulator; (2) complete an approved course using a towing vessel; (3)
complete a check-ride assessment with a designated examiner; or (4)
submit documentation mentioned as an option to the completion of an
approved training course. Additionally, it would let mariners complete
refresher-training courses on rules of the road in place of exercises.
The Coast Guard agrees with
[[Page 55552]]
TSAC's observation that a rules-of-the-road exercise or a refresher
course can only improve safety throughout the industry. Consequently,
the proposed requirement of rules-of-the-road knowledge for renewal
persists in this rulemaking.
12.Title Terminology
The Coast Guard received 34 comments pertaining to the terms used
for crewmembers on a towing vessel, 30 of which opposed replacing the
terms ``operator'' and ``second-class operator'' with the terms
``master'' and ``mate (pilot)''. Their argument, similar to that
embraced by TSAC, was that, throughout the history of inland towing,
``mate'' has never referred to a licensed officer; rather, it has
referred to the chief unlicensed deck person, while ``pilot'' has
referred to the licensed person that operates the vessel. This SNPRM
would leave ``pilot of towing vessels'' available for use on Western
rivers. The license requirements for mater of towing vessels and pilot
of towing vessels remain identical. Again, this term in no way implies
either the taking or passing of the first-class pilotage examination or
the associated level of proficiency; it merely reflects the historical
application of titles in the inland towing industry.
13. Licensing Structure
The Coast Guard received 58 comments regarding the proposed
licensing structure. Of them, 52 percent opposed the new licensing
structure, for the following reasons: (1) 48 months does not provide
enough wheelhouse experience for an unlimited master's license; (2)
implementing a third-level license will be costly to entry-level
mariners as well as to companies (because, for example, some vessels do
not have the spare room to allow another person on board); (3) the
apprentice-mate level is unnecessary because mariners already receive
hands-on training as seamen and most companies already have training
programs in place; and (4) the structure would limit mariners to
certain areas and vessels. Several comments opposed the idea of
``direct supervision'' during the training of an apprentice mate,
explaining that standing watch alone is necessary at some point during
the practice sessions. A separate comment stated that no standard time-
limit for the training of apprentice mates should be preset since
everyone learns at a different pace.
A total of 28 comments supported the proposed licensing structure,
given its aim to increase experience and skill. However, some of these
comments offered suggestions to change terminology (as noted above in
category 12) and the amount of time a mariner is to serve as an
apprentice mater before becoming a mate varying from 1 to 5 years.
Other comments specifically recommended that the Coast Guard ensure
that no current mariner-in-training be hastily granted a license as
mate (pilot) to avoid the requirements of this rulemaking.
Under current rules, the OUTV license requires 3 years of total
service. Under this SNPRM a Master of towing vessels would require 4
years of service, the same as Master: (1) Ocean and Near-coastal, 1600
GT; (2) Great Lakes or Inland, any GT; and (3) Uninspected fishing-
industry vessels. The proposed licensing structure would require a
mariner to gain wheelhouse training and experience before taking the
exam for a license as apprentice mate or steersman of towing vessels.
More training and experience in the wheelhouse and completion of the
training-record book would then qualify him or her for a demonstration
of proficiency with a designated examiner before issuance of a license
as mate (pilot) of towing vessel. A license as mate (pilot) would
qualify a mariner to stand the watch of the current second-class OUTV
or ``back watch,'' but would not authorize the person to serve as
master.
14. Horsepower as a Basis of Authority
The Coast Guard received a total of 365 comments pertaining to the
proposed 3000-horsepower breakpoint. Twelve percent of the 365
supported using a horsepower breakpoint to limit licenses--6 percent of
which suggested variations to the NPRM such as applying it to entry-
level mariners only and creating a third breakpoint.
Of the 365, 60 percent opposed any sort of horsepower breakpoint,
primarily on the basis that it would limit employment for both mariners
and companies by restricting mariners to vessels of particular
horsepowers. Twenty-six percent of them objected to the breakpoint as
written and requested that it be either removed or completely revised
using a higher breakpoint; in contrast, only 2 percent of them stated
that 3000 horsepower was too high and requested that it be either
removed or completely revised using a lower breakpoint. Another twelve
percent of the opposing comments specifically recommended that the
Coast Guard remove any horsepower breakpoint as the qualifying
criterion and use a ratio of the vessel's gross tonnage to the size of
the vessel's tow. Many of them opposed the horsepower breakpoint
arguing that small towing vessels require just as much handling
responsibility as, and often more than, larger vessels since smaller
vessels are limited in maneuvering capability. They argued that the
size of the two--not the horsepower of the tug--determines the level of
safety. Mariners also expressed concern that a breakpoint would let
employers prevent less-experienced mariners from obtaining equal
employment-opportunities.
In consideration of the comments received and TSAC's
recommendation, the Coast Guard has decided to replace the horsepower
breakpoint with proficiency as the basis of authority for the new
licensing system. The TSAC working group pointed out that, while some
level of horsepower had originally seemed a sound criterion for
differentiation of licenses, no consensus had ever formed within the
industry as to just what level was most appropriate for a breakpoint.
Therefore, increased emphasis on the experience an applicant has on
particular waters will replace any such breakpoint.
15. Route Endorsements
The Coast Guard received about 65 comments pertaining to route
endorsements, 17 percent of which supported them as proposed and
perceived geographical knowledge of the traveled area as a necessity.
Some of these comments even suggested that the endorsements be more
restrictive than proposed. Meanwhile, 74 percent of the comments
opposed route endorsements. These comments maintained that, in some
cases, a mariner may have to travel unlicensed on one route while
trying to get to the route for which he or she holds a license (for
example, mariners with licenses endorsed for Oceans already have to
travel through Near-coastal waters to get to their regular routes). In
addition, the comments argued that route endorsements would
unnecessarily restrict mariners, ultimately limiting their employment--
financially and professionally--within a company.
Other concerns expressed by the comments pertained to either
specific route endorsements or procedures for obtaining endorsements.
Several comments argued that Western rivers covers multiple routes and
should therefore be eliminated from the proposed rule or modified to
reflect specific routes. A separate comment recommended inclusion of
the Mississippi in that for Western rivers, while others requested
clarification of those for Rivers and Western rivers, and inclusion of
the Gulf Intercoastal Waterways in that for either Near-coastal waters
or the Great Lakes and inland waters. Comments also requested
[[Page 55553]]
the Coast Guard to allow use of an employment record or company
document for proof of time and experience on a particular route.
Under this SNPRM, as under the NPRM, towing vessel-licenses would
be issued for the following routes:
a. Oceans.
b. Near-coastal routes.
c. Great Lakes and inland routes.
d. Rivers.
e. Western rivers.
f. Restricted local areas designated by Officers in Charge, Marine
Inspection (OCMIs).
The license of a master or mate (pilot) of towing vessels endorsed
for Oceans would authorize service on Near-coastal routes, Great Lakes
and inland routes, or Rivers upon 30 days of observation and training
on the subordinate route. That of a master or mate (pilot) of towing
vessels endorsed for Near-coastal routes would authorize service on
Great Lakes and inland routes or Rivers upon 30 days of observation and
training on the subordinate route.
On the Western rivers, the methods of towing, the aids to
navigation, the operating methods, and the operating environment are
unique. Therefore, not even the license of a master or mate (pilot) of
towing vessels endorsed for Oceans, Near-coastal routes, Great Lakes
and inland routes, or Rivers would authorize service on Western rivers.
To get an endorsement for this service, an applicant would have to show
90 days of operation and training over a route on a Western river.
To get an endorsement for a new route, an applicant would have to
pass an exam for the route and serve in the next lower grade for 90
days on the route sought. Afterwards the Coast Guard would remove the
lower-grade restriction. For example, an applicant holding a license as
master of towing vessels endorsed for Rivers, applying for the same
license endorsed for a Near-coastal route, would have to pass an exam
for this route and submit evidence of 90 days' experience as not a
master but a mate on this route. Upon completion of the required sea
service, the applicant could have his or her master's license endorsed
for this route.
16. Grandfathering of Licenses
The Coast Guard received 56 comments pertaining to the licensing of
experienced mariners, the majority of which (84 percent) wholly
supported grandfathering holders of current licenses commensurate with
experience. The remaining comments either opposed grandfathering or
requested clarification on the criteria for grandfathering.
Mariners currently holding OUTV licenses could have them renewed as
licenses for masters of towing vessels. These mariners therefore would
be grandfathered in that they would have to meet only the renewal
requirements contained in the proposed rule.
17. Special Endorsements
The Coast Guard received about 25 comments in response to its
request for comments on the applicability of the proposed requirements,
specifically the horsepower breakpoint on harbor-towing vessels and
assist-towing vessels. Only 4 comments opposed a harbor endorsement,
free of horsepower limitation, while 12 comments supported a harbor
endorsement for the following reasons: (1) Harbor work requires
flexibility; (2) harbor vessels do not face the same level of danger as
do line boats; and, (3) without the endorsement, the proposed
horsepower breakpoint would limit career advancement. A separate
comment suggested that, since harbor-towing companies normally use
their operators on all of their boats at one time or another, a harbor-
vessel operator should have to demonstrate proficiency on the company-
owned vessel with the highest horsepower.
Three comments supported a special endorsement for masters of
assist-towing vessels on the basis that it would be difficult to obtain
a master to undertake a ship assist without such endorsement. These
comments also noted that assist-towing vessels have different demands
from other towing vessels and need less damage control. Another comment
suggested applying a horsepower limitation on an endorsement for
assist-towing vessels if the mariner seeking it has experience only
with such vessels. However, the same comment argued that those mariners
with experience on vessels of greater horsepower should be permitted to
operate these without limitation by a restrictive endorsement. Only
three comments agreed that operators of assist-towing vessels of 26
feet or more in length that are hired for commercial use should be
subjected to the same standards and testing as operators of other
towing vessels.
TSAC voiced concern about the difficulties for mariners in the
vessel assist segment of the industry to obtain training time for the
apprentice mate (steersman) license. TSAC recommended that vessel
assist applicants proceed to the mate (pilot) license by completing the
written exam and demonstrating proficiency at the same time. Note: The
mariner will also have to complete either the training-record book or
an approved training course.
The SNPRM does not propose a horsepower breakpoint for towing-
vessel licenses. Vessel assist licenses (not to be confused with
licenses endorsed for Assistance-Towing) may go directly to mate of
towing vessels without getting an apprentice mate (steersman) license
but will be limited to the vessel assist portion of the industry.
The Coast Guard received four comments pertaining to other types of
vessels used in the towing industry. One comment requested that oil-
spill-response vessels be excluded from the proposed requirements
because the requirements would create an unnecessary financial burden
on the companies that operate these vessels without enhancing
navigational safety. Two comments supported an endorsement for anchor-
handling tug-supply (AHTS) vessels, which support the offshore
industry, because barge towing is not a primary source of employment
for these vessels. Another comment noted that the NPRM had not
discussed passenger barges, but requested that they be exempt from this
rulemaking. Passenger barges are inspected and certified by the Coast
Guard and, by themselves, are not affected by this rulemaking. However,
the means of propulsion (towing vessels) for the most part do not
require inspection and certification, and are included in this
rulemaking.
Oil-spill-response-vessels will not normally be exempt from the
proposed licensing requirement; however, in emergencies such as a major
oil spill, the local OCMI can temporarily exempt oil-spill-response-
vessels for the duration of the emergency. AHTS vessels may already
qualify for licensing exemptions, and no additional exemptions for this
segment of the industry are being considered.
The Coast Guard notes that vessels engaged solely in assistance
towing are covered by existing regulations and remain exempt from this
rulemaking. It has proposed a definition of disabled vessel under
Sec. 10.103 to better define the assistance-towing industry and show
that this proposed rule does not cover that industry.
The Coast Guard recognizes that--by employing similar terms,
Assistance towing and Vessel assist, for dissimilar industries--it may
be risking confusion. The Coast Guard invites your comments to avert
any confusion.
[[Page 55554]]
18. Other, General Subject Matter
Several comments opposed the Coast Guard's attempt to further
regulate the towing industry, an attempt based, they stated, on one
mariner's incompetence resulting in the Amtrak casualty. Other comments
(inconsistent with those) resented the application of blue-water rules
to a brown-water industry. Remaining comments cited the Coast Guard's
failure to properly and safely maintain waterways and regulate
recreational and pleasure boats, rather than operators' errors, as the
basis for problems in the towing industry. A number of these comments
did not relate directly to the content of the proposed regulations.
Illustrative of these were issues of the 12-hour work limit (2-watch
system), the increased manning of towing vessels to include a licensed
engineer, and the reason for improved aids to navigation. The Coast
Guard has addressed and will address these issues and others in
appropriate ways outside of this SNPRM.
The definitions of ``Coast Guard-accepted,'' ``designated
examiner,'' ``practical demonstration,'' ``qualified instructor,'' and
``standard of competence,'' proposed under Sec. 10.103, and
Sec. 10.309, titled, ``Coast Guard-accepted training other than
approved courses'', were published in the Coast Guard interim rule
implementing the 1978 Standards of Training, Certification and
Watchkeeping for Seafarers as amended in 1995 (62 FR 34506); and,
therefore, they have been removed from this proposed rulemaking.
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. 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 draft Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT has been prepared and is available in
the docket for inspection or copying where indicated under ADDRESSES. A
summary of the Evaluation follows:
Summary of Benefits
The principal benefits of this proposed rule would be to enhance
the safety of navigation and reduce the risk of collisions, allisions,
groundings, fatalities, and injuries in the towing industry. The
training required by this rule has the particular potential to
significantly decrease the number of fatalities and injuries in the
industry. If this rule reduces the number of reportable marine
casualties--whether they involve fatalities, injuries requiring
professional medical treatment, or property damage costing in excess of
$25,000--by 13 a year over the next 10 years, the benefits will exceed
the costs. The effectiveness to this rulemaking cannot be accurately
quantified because of the inability to measure the damage dollars based
on human error alone. However, the baseline of preventing 3 deaths,
which is 50% of the total fatalities which occurred in the past ten
years from casualties that this rule should prevent, would be $8.1
million. Therefore, this alone will exceed the total cost of the
rulemaking. The complex cumulative effect of human error makes it
difficult to quantify the exact benefits of the proposed rule.
One way to reduce the risks associated with human error in
operating towing vessels is to ensure that mariners maintain the
highest practicable standards of training, certification, and
competence. Although the Coast Guard recognizes that many prudent
operators already practice proficient navigation, this rule would
codify their skills, provide basic performance standards for
demonstration of proficiency, and compel compliance for operators not
conforming to sound practices of the majority of the industry. The rule
is intended to accrue benefits from a reduction of towing-vessel
accidents and injuries through an increased awareness of safe towing
practices.
Summary of Costs
There are around 5,400 documented towing vessels in the United
States. The impact on the operators of these vessels would be minimal
because holders of current licenses would be grandfathered into
licenses commensurate with their experience. Because these new licenses
would be issued at the time of routine renewal, there would be no new
users' fees for them. The proposed rule, however, would result in
increased fees for new entrants into the industry.
Most changes to the proposed rule in this SNPRM either are
editorial or update technical information to reflect comments to the
NPRM. But there are certain ones that are substantive and will require
different behavior by mariners. Responsive to comments from the public
and TSAC, the Coast Guard would let those mariners who have maintained
recency of service, and have not had administrative action against
their license culminating in suspension or revocation, forgo any
demonstration of proficiency for license renewal; rather, the Coast
Guard would let them submit ``information''.
The Coast Guard estimates the annual costs of compliance--for new
entrants into the industry--with the proposed rule at around
$1,057,850. The 10-year present value of these costs, discounted at 7
percent back to 1996, would total $7,429,896.
Small Entitles
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include 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 proposed rule would place its primary economic burden on the
mariners, not on their employers--who may, though they need not, assume
responsibility for this burden. The Coast Guard expects that, of the
employers who would assume this responsibility, few, if any, would be
small entities. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. If, however, you
think that your business or organization qualifies as a small entity
and that this rule will have a significant economic impact on your
business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this proposed rule would economically affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact LCDR Don Darcy, Office of
Operating and Environmental Standards (G-MSO), 202-267-0221.
Collection of Information
This proposed rule provides for a collection of information under
the
[[Page 55555]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As defined in
5 CFR 1320.3(c), ``collection of information'' includes reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the information collections, a
description of the respondents, and an estimate of the total annual
burden follow. Included in the estimate is 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.
Summary of the Collection of Information: This proposed rule would
require every mariner who seeks an original license as mate (pilot) of
towing vessels or an endorsement for towing vessels to have a training-
record book. It may also require a report on a final check-ride before
a designated examiner.
Need for Information: The need for the collection of information is
to ensure that the mariners' training information is available to
assist in determining an individuals overall qualification to hold a
Coast Guard issued merchant mariners license. 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:
Proposed Sec. 10.304(e) would require 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 training-record book.
Proposed Sec. 10.463(h) would require 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
could do this with copies of current licenses and voyage records that
most companies already keep.
Proposed Sec. 10.464(d)(2) would require masters of vessels of
greater than 200 GT to maintain training-record books for license
endorsements as masters of towing vessels. Collection of this
information is necessary to ensure that the masters have completed the
series of qualifications for licensing.
Proposed Secs. 10.465(a)(2), (b)(2), (c)(2), and (d)(2) would each
require a final check-ride before a designated examiner. They would
then require the applicant to submit his or her completed training-
record book to the Coast Guard Regional Examination Center. Collection
of this information is necessary because it would raise the safety of
towing by upgrading the evaluation process.
Proposed Sec. 10.465(d)(2) would also require mates of self-
propelled vessels of greater than 200 GT to maintain training-record
books for license endorsements as mates (pilots) of towing vessels.
Collection of this information is necessary to ensure that the mates
have completed the series of qualification for licensing.
Proposed Use of Information: This information would warrant 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: 14,455 mariners of towing vessels and
approximately 400 companies employing these mariners, during a 3-year
period.
Frequency of Response: For 60 percent of the mariners, the
frequency of response is estimated to be once over the initial three
years. An estimated five percent of currently licensed mariners may
complete a report on a final check-ride before a designated examiner
every 5 years. Final check-ride before a designated examiner under
proposed Secs. 10.465 (a)(2), (b)(2), (c)(2), and (d)(2) would entail a
one-time record after the mariner's training-record book had been
completed. Approximately 400 companies would be required to maintain a
license and voyage record file for each mariner to be revised upon the
expansion of a mariner's route.
Burden of Response: Approximately 95 percent of current licensed
towing vessel operators would have to perform an estimated 1.0 hour of
management over a 3-year period to provide the Coast Guard updates of
their licensing records. Approximately five percent of the currently
licensed mariners may perform an estimated 0.5 hours of management time
to comply with providing the Coast Guard the final check-ride.
Approximately 1,560 entry mariners seeking a license to operate towing
vessels would have to perform an estimated 1.0 hour of management time
over a 3-year period to comply with providing the Coast Guard updates
of their licensing records. Under proposed Sec. 10.643(h),
approximately 400 companies would have to maintain evidence that every
vessel it operates is under the direction and control of a licensed
mariner with appropriate experience. Each company would perform 0.25
hours of administrative time for each mariner to maintain these
records. The estimated cost burden for information collection would be
Sec. 106,069.25 per year and $318,207.75 for the initial 3 years.
Estimated Total Annual Burden: During a 3-year period, the total
reporting and recordkeeping burden would be 12,717.25 hours.
As required by section 3507(d) of the Paperwork Reduction Act of
1995, the Coast Guard has submitted a copy of this proposed rule to the
Office of Management and Budget (OMB) for its review of the collection
of information.
The Coast Guard solicits public comment on the proposed collection
of information to: (1) Evaluate whether the information is necessary
for the proper performance of the functions of the Coast Guard,
including whether the information would have practical utility; (2)
evaluate the accuracy of the Coast Guard's estimate of the burden of
the collection, including the validity of the methodology and
assumptions used; (3) enhance the quality, utility, and clarity of the
information to be collected; and (4) minimize the burden of the
collection on those who are to respond, as by allowing the submittal of
responses by electronic means or the use of other forms of information
technology.
Persons submitting comments on the collection of information should
submit their comments both to OMB and to the Coast Guard where
indicated under ADDRESSES by the date under DATES.
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number. Before the
requirements for this collection of information become effective, the
Coast Guard will publish notice in the Federal Register of OMB's
decision to approve, modify, or disapprove the collection.
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposed rule does not have sufficient implications for federalism
to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under paragraph 2.B.2.e.(34) of
Commandant Instruction M16475.1B, this rule is categorically excluded
from further environmental documentation. This rule
[[Page 55556]]
is a matter of ``training, qualifying, licensing and disciplining of
maritime personnel'' within the meaning of subparagraph 2.B2.e (34) of
Commandant Instruction M16475.1B that clearly has no environmental
impact. A ``Categorical Exclusion Determination'' is available in the
docket for inspection or copying 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 proposes
to amend 46 CFR parts 10 and 15 as follows:
PART 10--LICENSING OF MARITIME PERSONNEL
1. Review 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. 7302, 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. To Sec. 10.103, add definitions, 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.
* * * * *
Pilot of towing vessels means a qualified officer of towing vessels
operating exclusively on inland routes.
* * * * *
Vessel Assist means the use of a towing vessel during maneuvers to
dock, undock, moor, or unmoor a vessel, or to escort a ship with
limited maneuverability.
* * * * *
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 (19 years)''; 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, remove the word ``Uninspected''
from before the words ``towing vessels'' and capitalize the first
letter in the word ``towing'' in column one; and remove the words
``Operator: 21; 2/c operator: 19.'' from the license category that way
just amended to read ``Towing vessels'' in column two 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, in paragraph (g)(3),
remove the words ``All operators of uninspected towing vessels, oceans
(domestic trade)'' and add, in their place, the words ``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--
(i) Either completing a practical demonstration of maneuvering and
handling a towing vessel before a designated examiner or submitting
documentation in the form of a training-record book listing training,
drills, experience during the license's validity in which an operator's
proficiency is assessed over time; and
(ii) Either passing a rules-of-the-road exercise or completing a
refresher-training course.
(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 training-record book
under paragraph (c)(6)(i) of this section.
* * * * *
7. In Sec. 10.304, redesignate paragraph (h) as (i), and add new
paragraph (h) to read as follows:
Sec. 10.304 Substitution of training for required service, and use of
training-record books.
* * * * *
(h) 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, shall complete a
training-record book 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 be performed or skills to be demonstrated.
(4) Criteria to be used in determining that the tasks or skills
have been performed properly.
(5) Places 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.
(6) A place for a qualified 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
[[Page 55557]]
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 heading of the section and Figure
10.403 to read as follows:
Sec. 10.403 Structure of deck licenses.
* * * * *
BILLING CODE 4910-14-M
[[Page 55558]]
[GRAPHIC] [TIFF OMITTED] TP27OC97.012
BILLING CODE 4910-14-C
[[Page 55559]]
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. In Sec. 10.418, revise the heading and paragraph (b) to read as
follows:
Sec. 10.418 Service 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. In Sec. 10.426, revise the heading and paragraph (a)(2) to read
as follows:
Sec. 10.426 Service for master of Near-coastal steam or motor vessel
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 or mate (pilot)
of towing vessels''.
16. In Sec. 10.446, revise the heading and paragraph (b) to read as
follows:
Sec. 10.446 Service for master of Great Lakes and inland 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 is eligible for this license after completion of both 1 year of
service as master or mate (pilot) of towing vessels and a limited
examination specific to towing.
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) introductory text, 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 licenses as master and mate (pilot) of
towing vessels in the following categories:
(1) Unlimited. For this section, unlimited means a towing vessel of
less than 200 gross tons not conducting vessel assist.
(2) Vessel assist.
(b) The Coast Guard restricts licenses as master and 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, and 1,600 gross tons, in accordance with Secs. 10.424,
10.418, and 10.412, respectively.
(c) The Coast Guard endorses licenses as master, mate (pilot), and
apprentice mate (steersman) of towing vessels for one or more of the
following routes:
(1) Oceans.
(2) Near-coastal routes.
(3) Great Lakes and inland routes.
(4) Rivers.
(5) Western rivers.
(6) Restricted local areas designated by Officers in Charge, Marine
Inspection.
(d) A license as master or mate of towing vessels endorsed for
Oceans authorizes service on Oceans. This license also authorizes
service on a subordinate route of Near-coastal, Great Lakes and inland,
or Rivers (except Western rivers) upon completion of 30 days of
observation and training on the specific subordinate route.
(e) A license as master or mate (pilot) of towing vessels endorsed
for Near-coastal routes authorizes service on Near-coastal routes,
Great Lakes and inland routes, and Rivers (except Western rivers) upon
completion of 30 days of observation and training on each subordinate
route.
(f) A license as master or mate (pilot) of towing vessels endorsed
for Great Lakes and inland routes authorizes service on Great Lakes and
inland routes and Rivers (except Western rivers) upon completion of 30
days of observation and training on the subordinate route.
(g) Before serving as master or mate (pilot) of towing vessels on
Western rivers, the licensed mariner shall possess 90 days of
observation and training and have his or her license endorsed for
Western rivers.
(h) 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.
(i) For all inland routes, the license as pilot of towing vessels
is equivalent to that as mate of towing vessels. All qualifications and
equivalencies are the same.
(j) For all inland routes, the license as steersman is equivalent
to that as apprentice mate. All qualifications and equivalencies are
the same.
20. Revise Sec. 10.464 to read as follows:
Sec. 10.464 Licenses as masters of towing vessels.
(a) For a license as master of towing vessels (unlimited), an
applicant shall--
(1) Have 48 months of total service including--
(i) Eighteen months of service on deck of a towing vessel of 8
meters (at least 26 feet) or over in length while holding a license as
mate (pilot) of towing vessels unlimited;
(ii) Twelve months of the 18 months, as mate (pilot) on towing
vessels other than vessel assist; and
(iii) Three months of the 18 months on the particular route sought
by the applicant; or
(2)(i) Have 12 months of service as mate (pilot) of towing vessels
(unlimited) while holding a license as master of towing vessels (vessel
assist) including 3 months of service on the particular route sought by
the applicant;
(ii) Have completed the ``unlimited'' sections of the training-
record book; and
(iii) Have passed an ``unlimited'' examination.
(b) For a license as master of towing vessels (vessel assist), an
applicant shall--
(1) Have 48 months of total service including--
(i) Eighteen months of service on deck of a towing vessel of 8
meters (at least 26 feet) or over in length while holding a license as
mate (pilot) of towing vessels;
[[Page 55560]]
(ii) Twelve months of the 18 months, as mate (pilot) on towing
vessels conducting vessel assist; and
(iii) Three months of the 18 months on the particular route sought
by the applicant; or
(2) Have 12 months of service as mate (pilot) of towing vessels
(vessel assist) while holding a license as limited master of towing
vessels including 3 months of service on the particular route sought by
the applicant.
(c) For a license as master of towing vessels (vessel assist)
endorsed for a restricted local area, an applicant shall have 36 months
of total service including--
(1) Twelve months of service on deck of a towing vessel of 8 meters
(at least 26 feet) or over in length as limited mate (pilot) of towing
vessels; and
(2) Three months of service on the particular route sought by the
applicant.
(d) The holder of a license as master of self-propelled vessels of
greater than 200 gross tons and first-class pilots may obtain an
endorsement for towing vessels (restricted to the service presented) if
he or she--
(1) Has 30 days of training and observation on towing vessels on
each of the routes for which the endorsement is sought;
(2) Submits evidence of assessment of practical demonstration of
skills, in the form of a training-record book, described in
Sec. 10.304(e); and
(3) Passes an examination.
(e) The holder of a license as master of towing vessels may have a
restricted endorsement, as mate (pilot) for a route not included in the
current endorsements on which he or she has no operating experience,
placed on his or her license after passing an examination for that
route. Upon completion of 90 days of experience on that route, he or
she may have the restricted endorsement removed.
21. Add Sec. 10.465 to read as follows:
Sec. 10.465 Licenses as mates (pilots) of towing vessels.
(a) For a license as mate (pilot) of towing vessels (unlimited), an
applicant shall--
(1) Have 30 months of total service including--
(i) Twelve months of service on deck of a towing vessel of 8 meters
(at least 26 feet) or over in length while holding a license as
apprentice mate (steersman); and
(ii) Three months of the 12 months on the particular route sought
by the applicant;
(2) Submit either--
(i) A certificate of completion from a Coast-Guard-approved course
as specified in paragraph (f) of this section; or
(ii) Evidence of assessment of practical demonstration of skills,
in the form of a training-record book in accordance with
Sec. 10.304(e); or
(3) Have 30 days of service observing and training on towing
vessels other than vessel assist while holding a license as master of
towing vessels (vessel assist) and pass a partial examination.
(b) For a license as mate (pilot) of towing vessels (vessel
assist), an applicant shall--
(1) Have 30 months of total service including--
(i) Twelve months of service on deck of a towing vessel of 8 meters
(at least 26 feet) or over in length while holding a license as
apprentice mate (steersman) of towing vessels; or
(ii) Thirty months of total service on vessel assist towing vessels
and have passed an apprentice mate (pilot) examination;
(2) Have 3 months of the last 12 months of service on the
particular route sought by the applicant; and
(3) Submit either--
(i) A certificate of completion from a Coast Guard-approved course
as specified in paragraph (f) of this section;
(ii) Evidence of assessment of practical demonstration of skills,
in the form of a training-record book in accordance with
Sec. 10.304(e); or
(iii) Evidence of 30 days of service observing and training on
towing vessels while holding a limited license as master of towing
vessels and pass a partial examination.
(c) For a license as mate (pilot) of towing vessels (vessel assist)
endorsed for a restricted local area, an applicant shall--
(1) Have 24 months of total service including 6 months of service
on deck of a towing vessel of 8 meters (at least 26 feet) or over in
length as limited apprentice mate (steersman) of towing vessels; and
(2) Submit either--
(i) A certificate of completion from a Coast-Guard-approved course
as specified in paragraph (f) of this section; or
(ii) Evidence of assessment of practical demonstration of skills,
in the form of a training-record book in accordance with
Sec. 10.304(e).
(d) The holder of a license as mate of self-propelled vessels of
greater than 200 gross tons may obtain an endorsement for towing
vessels if he or she--
(1) Has 30 days of training and observation on towing vessels on
each route for which the endorsement is requested;
(2) Submits evidence of assessment of practical demonstration of
skills, in the form of a training-record book in accordance with
Sec. 10.304(e); and
(3) Passes an examination.
(e) The holder of a license as mate (pilot) of towing vessels may
have a restricted endorsement, as apprentice mate (steersman) for a
route not included in the current endorsements on which he or she has
no operating experience, placed on his or her license after passing an
examination for that route. Upon completion of 3 months of experience
in that route, he or she may have the restricted endorsement removed.
(f) An accepted training course for mate (pilot) of towing vessels,
whether unlimited or vessel assist, 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) Seamanshp;
(3) Navigation;
(4) Watchkeeping;
(5) Radar;
(6) Meteorology;
(7) Maneuvering and handling of towing vessels;
(8) Engine-room basics; and
(9) Emergency procedures.
22. Redesignate Sec. 10.466 as Sec. 10.467 and add a new
Sec. 10.466 to read as follows:
Sec. 10.466 Service for apprentice mate (steersman) of towing vessels.
(a) For a license as apprentice mate (steersman) of towing vessels,
an applicant shall--
(1) Have 18 months of service on deck including 12 months on towing
vessels;
(2) Have 3 months of the 18 months on the particular route sought
by the applicant; and
(3) Pass the examination specified in subpart I of this part.
(b) For a license as limited apprentice mate (steersman) of towing
vessels, an applicant shall--
(1) Have 18 months of service on deck including 12 months on towing
vessels;
(2) Have 3 months of the 18 months on the particular route sought
by the applicant; and
(3) Pass the examination.
(c) The holder of a license as apprentice mate (steersman) of
towing vessels may have a restricted endorsement, as limited apprentice
mate (steersman) for a route not included in the current endorsements
on which he or she has no operating experience, placed on his or her
license
[[Page 55561]]
upon passing an examination for that route. Upon completion of 3 months
of experience in that route, he or she may have the restricted
endorsement removed.
23. In Sec. 10.482, revise paragraph (a) to read as follows:
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, revise paragraphs (a)(18) and (b)(4) to read as
follows:
Sec. 10.903 Licenses requiring examinations.
(a) * * *
(18)(i) Apprentice mate (steersman) of towing vessels;
(ii) Mate (pilot) of towing vessels, vessel assist;
* * * * *
(b) * * *
(4) Master or mate (pilot) of towing vessels (endorsed for the same
route).
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, Oceans (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), 9102; 50 U.S.C. 198; and 49 CFR 1.45 and 1.46.
Sec. 15.301 [Amended]
30. In Sec. 15.301, remove paragraph (b)(6); and redesignate
paragraphs (b)(7) through (10) as paragraphs (b)(6) through (9).
31. Revise section Sec. 15.610 and its heading to read as follows:
Sec. 15.610 Masters and mates (pilots) 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 appropriate gross tonnage holding an
endorsement of 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 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 8 meters (at least 26 feet) or more 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 appropriate gross tonnage according to the routes, endorsed
for towing vessels.
* * * * *
35. Revise Sec. 15.910 and its heading to read as follows:
Sec. 15.910 Towing vessels.
No person may serve as master or mate (pilot) of any towing vessel
of 8 meters (at least 26 feet) or more in length unless he or she holds
a license explicitly authorizing such service.
Dated: October 17, 1997.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 97-28409 Filed 10-24-97; 8:45 am]
BILLING CODE 4910-14-M
