[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Proposed Rules]
[Pages 10053-10056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4406]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 10 and 12
[CGD 94-029]
RIN 2115-AE94
Modernization of Examination Methods
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the rules that require Coast
Guard-administered written examinations for merchant marine license and
unlicensed rating applicants to remove references to ``written''
examinations and to broaden the scope of those authorized to perform
the testing of applicants. These changes reflect the Coast Guard's
efforts to develop alternative media testing and the use of private and
public sector testing services for examination of these applicants. The
development of more effective and modernized testing of applicants for
merchant marine licenses and unlicensed ratings will enhance the safety
of the maritime environment.
DATES: Comments must be received on or before May 24, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 94-029), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Spears, Jr., Project
Manager, Office of Marine Safety, Security, and Environmental
Protection (G-MVP-3), (202) 267-0224.
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 94-029) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8 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 no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Mr.
Robert S. Spears, Jr., Project Manager, Office of Marine Safety,
Security, and Environmental Protection, and Ms. Helen Boutrous, Project
Counsel, Office of Chief Counsel.
Background and Purpose
Currently, Coast Guard regulations require that applicants for
merchant [[Page 10054]] marine licenses and unlicensed ratings pass
written examinations. During the latter part of 1993, the Coast Guard
conducted focus group meetings and discussions which addressed the
future of Coast Guard licensing. Specifically, the group looked at ways
to improve and modernize merchant mariner examinations. Although the
focus group was composed entirely of military and civilian Coast Guard
members, maritime industry representatives are participating in the
implementation of focus group report recommendations.
The ``Licensing 2000 and Beyond'' Focus Group Report (November,
1993), a copy of which is available in the public docket for this
rulemaking [94-029] where indicated under ADDRESSES above, recommends
that the Coast Guard's Marine Licensing Program adopt new methods of
verifying competency, including practical demonstrations and the use of
simulators. Practical demonstrations and simulators would provide more
effective means of testing the skills of the applicants by requiring
proper actions and reactions during real-time, real-world scenarios.
Electronic methods of examination are employed by private and public
sector organizations. There is increasing use of ``Third or Fourth
Party'' testing systems that maximize the significant benefits new
technology offers. The Focus Group Report defined a ``Third Party'' as
one who trains or teaches the mariner, and a ``Fourth Party'' as
someone, other than the Coast Guard or a Third Party trainer, who
administers a test or makes a subjective judgement about the competency
of an individual applicant. The Coast Guard is exploring the
possibility of implementing electronic testing methods and the use of
``Third-'' or ``Fourth-Party'' testing services.
However, 46 CFR 10.205, 10.207, 10.901, 12.05-9, 12.10-5, 12.15-9,
and 12.20-5, specify that applicants pass written (or oral)
examinations. Because the Coast Guard is considering the use of other
proven methods of proficiency testing which could significantly improve
a very critical aspect of the Coast Guard's qualification system, this
final rule removes the word ``written'' from the regulations governing
merchant marine examinations and makes minor revisions to reflect the
possible use of private and public sector testing services.
By a later notice in the Federal Register, the Coast Guard will
provide results of its efforts to modernize the examinations and will
describe the new examination methods before they are implemented.
Discussion of Proposed Rules
This NPRM proposes to remove the word ``written'' from the
regulations pertaining to Coast Guard administered examinations for
merchant marine license and raise of grade of license applicants (46
CFR 10.205(i)(1), 10.207(d)(1), 10.217(a)(1),(2), and 10.901(a)), and
for unlicensed rating applicants (46 CFR 12.05-9(a) and (b), 12.10-5(a)
and (b), 12.15-9(a) and (c), and 12.20-5). Also, minor revisions are
proposed which would allow the Coast Guard Officer in Charge, Marine
Inspection (OCMI) to authorize the testing of applicants through use of
private and public sector testing services. These revisions reflect the
Coast Guard's efforts to develop more modern, efficient, and effective
examination methods.
Sections 12.05-9(b), 12.10-5(a), 12.15-9(a), and 12.20-5 regarding
examinations for able seaman, lifeboatman, qualified member of the
engine department and tankerman, respectively, continue to require that
the examinations be conducted in the English language. This requirement
continues to be necessary to ensure that personnel in these critical
positions will sufficiently understand orders that could come under the
stress of an emergency situation. The ability to understand orders
under such conditions could make the critical difference in life-
threatening situations.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) [44 FR 11040
(February 26, 1979)]. The Coast Guard expects no economic impact from
this rule, and a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. The revisions
made reflect the Coast Guard's efforts to improve and modernize
examination methods for mariners. The revisions would result in no
additional costs to the industry.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. This proposal would place no
additional costs on the public. Because it expects the impact of this
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this proposal, if adopted, will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This proposal contains no new collection-of-information
requirements under the Paperwork Reduction Act [44 U.S.C. 3501 et
seq.].
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that it
does not have sufficient implications for federalism to warrant the
preparation of a Federalism Assessment. The authority to develop and
administer examinations for merchant marine license and document
applicants has been committed to the Coast Guard by Federal statutes.
The Coast Guard does not expect this proposal to raise any preemption
issues, however, the Coast Guard does intend to preempt State and local
actions on the same subject matter.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. The proposal is an administrative
matter within the meaning of paragraph 2.B.2.l. of Commandant
Instruction M16475.1B that clearly has no environmental impact.
List of Subjects
46 CFR Part 10
Reporting and recordkeeping requirements, schools, Seamen.
46 CFR Part 12
Reporting and recordkeeping requirements, Seamen.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 46 CFR parts 10 and 12 as follows: [[Page 10055]]
PART 10--LICENSING OF MARITIME PERSONNEL
1. The authority citation for part 10 continues to read as follows:
Authority: 31 U.S.C. 9701, 46 U.S.C. 2103, 7101, 7106, 7107; 49
CFR 1.45, 1.46; Sec. 10.107 also issued under the authority of 44
U.S.C. 3507.
2. In Sec. 10.205, paragraph (i)(1) is revised to read as follows:
Sec. 10.205 Requirements for original licenses and certificates of
registry.
* * * * *
(i) Professional Examination. (1) When the applicant's experience
and training are found to be satisfactory and the applicant is eligible
in all other respects, the OCMI authorizes the examination of the
applicant in accordance with the following requirements:
(i) Applicants for deck or engineer licenses limited to vessels not
exceeding 500 gross tons, and licenses limited to uninspected fishing
industry vessels, may request an oral-assisted examination in lieu of
any written or otherwise textual examination(s). If there are textual
questions these applicants have difficulty reading and understanding,
the oral-assisted examination shall be offered. Any license based on
oral-assisted examination is limited to the specific route and type of
vessel upon which the majority of service was obtained.
(ii) The instructions for administration of examinations and the
lists of subjects for all licenses are contained in subpart I of this
part. A record indicating the subjects covered is placed in the
applicant's license file.
* * * * *
3. In Sec. 10.207, paragraph (d)(1) is revised to read as follows:
Sec. 10.207 Requirements for raise of grade of license.
* * * * *
(d) Professional Examination. (1) When an applicant's experience
and training for raise of grade are found to be satisfactory and he or
she is eligible in all other respects, the OCMI authorizes the
examination of the applicant. Oral-assisted examinations may be
administered in accordance with Sec. 10.205(i)(1). A record indicating
the subjects covered is placed in the applicant's license file. The
general instructions and list of subjects are contained in subpart I of
this part.
* * * * *
4. In Sec. 10.217, the second sentences of paragraphs (a)(1) and
(a)(2) are revised to read as follows:
Sec. 10.217 Examination procedures and denial of licenses.
(a)(1) * * * For a Coast Guard administered examination, the
examination fee set out in Sec. 10.109 must be paid prior to taking the
first examination section. * * *
(2) * * * For a Coast Guard administered examination, the
examination fee set out in Sec. 10.109 must be paid prior to taking the
first examination section. * * *
* * * * *
5. In Sec. 10.901, paragraph (a) is revised to read as follows:
Sec. 10.901 General provisions.
(a) An applicant for any license listed in this part must pass
examinations on the appropriate subjects listed in this subpart, except
as noted in Sec. 10.903(b).
* * * * *
PART 12--CERTIFICATION OF SEAMEN
6. The authority citation for part 12 continues to read as follows:
Authority: 31 U.S.C. 9701, 46 U.S.C. 2103, 2110, 7301, 7302; 49
CFR 1.46.
7. In Sec. 12.05-9, paragraph (a) and the introductory language of
paragraph (b) are revised to read as follows:
Sec. 12.05-9 Examination and demonstration of ability.
(a) Before an applicant is certified as able seaman, he or she
shall prove to the satisfaction of the Coast Guard by oral or other
means of examination and by actual demonstration, his or her knowledge
of seamanship and the ability to carry out effectively all the duties
that may be required of an able seaman, including those of a
lifeboatman. The applicant shall demonstrate that he or she--
(1) Has been trained in all the operations connected with the
launching of lifeboats and liferafts, and the use of oars and sails;
(2) Is acquainted with the practical handling of boats; and
(3) Is capable of taking command of the boat's crew.
(b) The examination, whether administered orally or by other means,
shall be conducted only in the English language and shall consist of
questions regarding:
* * * * *
8. In Sec. 12.10-5, paragraph (a) and the introductory language of
paragraph (b) are revised to read as follows:
Sec. 12.10-5 Examination and demonstration of ability.
(a) Before a lifeboatman's certificate may be granted, he or she
shall prove to the satisfaction of the Coast Guard by oral or other
means of examination and by actual demonstration, his or her knowledge
of seamanship and the ability to carry out effectively all the duties
that may be required of an able seaman, including those of a
lifeboatman. The applicant will demonstrate that he or she--
(1) Has been trained in all the operations connected with the
launching of lifeboats and liferafts, and the use of oars and sails;
(2) Is acquainted with the practical handling of boats; and
(3) Is capable of taking command of the boat's crew.
(b) The examination, whether administered orally or by other means,
shall be conducted only in the English language and shall consist of
questions regarding:
* * * * *
9. In Sec. 12.15-9, the first sentence of paragraph (a), and
paragraph (c) are revised to read as follows:
Sec. 12.15-9 Examination requirements.
(a) An applicant for certification as a qualified member of the
engine department in the ratings of oiler, watertender, fireman, deck
engineer, refrigeration engineer, junior engineer, electrician, and
machinist shall be examined orally or by other means and only in the
English language on the subjects listed in paragraph (b) of this
section. * * *
* * * * *
(c) An applicant for certification as a qualified member of the
engine department in the ratings of pumpman shall, by oral or other
examination, demonstrate sufficient knowledge of the subjects peculiar
to that rating to satisfy the Officer in Charge, Marine Inspection,
that he or she is qualified to perform the duties of that rating.
* * * * *
10. In Sec. 12.20-5, the first sentence is revised to read as
follows:
Sec. 12.20-5 Examination requirements.
Any applicant for certification as tankerman must prove to the
satisfaction of the Coast Guard by oral or other examination conducted
only in the English language that he or she is familiar with the
general arrangement of cargo tanks, suction and discharge pipelines and
valves, cargo pumps and cargo hose, and has been properly trained in
the actual operation of cargo pumps, all other operations connected
with the loading and discharging of cargo, and the use of fire-
extinguishing equipment. * * *
[[Page 10056]] Dated: February 16, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security
and Environmental Protection.
[FR Doc. 95-4406 Filed 2-22-95; 8:45 am]
BILLING CODE 4910-14-P
