[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
[Rules and Regulations]
[Pages 20651-20654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10231]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 15
[CGD 84-060]
RIN 2115-AB67
Licensing of Pilots; Manning of Vessels by Pilots
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the regulations concerning the
licensing of pilots and the manning of vessels by pilots. This final
rule: defines ``coastwise seagoing vessel'' for pilotage purposes;
describes first class pilotage areas where local pilotage expertise is
warranted; allows licensed individuals to serve as pilots in areas not
identified as first class pilotage areas on vessels that they are
otherwise qualified to control; requires a Federal pilot for vessels in
excess of 1,600 gross tons, propelled by machinery and subject to
inspection under 46 U.S.C. Chapter 33, that are not authorized by their
Certificate of Inspection to proceed beyond the Boundary Line; and
provides quick reference tables for Federal pilotage requirements.
These changes are necessary to eliminate confusion over where and on
what vessels pilotage expertise is required.
EFFECTIVE DATE: May 30, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council(G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Mr. John R. Bennett, Merchant Vessel
Personnel Division (G-MVP/12), Room 1210, U.S. Coast Guard
Headquarters, 2100 Second Street, S.W., Washington, D.C. 20593-0001,
telephone (202) 267-6102.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are: Mr.
John R. Bennett, Project Manager, Merchant Vessel Personnel Division,
Office of Marine Safety, Security and Environmental Protection, and,
Mr. Nicholas Grasselli, Project Counsel, Office of Chief Counsel.
Regulatory History
A notice of proposed rulemaking (NPRM) was published June 24, 1985
(50 FR 26117), addressing unresolved pilotage issues. The comment
period was originally scheduled to end on September 23, 1985, however,
a notice of extension of comment period (50 FR 38557), published in the
Federal Register on September 23, 1985, extended the comment period to
December 22, 1985. In response to that notice, the Coast Guard received
172 written comments, and held two public meetings. One public meeting
was held in New York, hosted by the Maritime Association of New York,
on November 12, 1985. The second was a meeting of the Towing Safety
Advisory Committee Subcommittee on Personnel Manning and Licensing,
which was held at Coast Guard Headquarters in Washington, D.C., on
December 12, 1985. On June 6, 1988, the Coast Guard published a
supplemental notice of proposed rulemaking (SNPRM) (53 FR 20654)
addressing the comments received in response to the NPRM and public
meetings. The comment period for the SNPRM ended September 6, 1988.
Sixteen written comments were received regarding the 1988 SNPRM. Those
comments included several recommendations by the Towing Safety Advisory
Committee (TSAC).
On February 2, 1994, the Coast Guard published an interim final
rule entitled Licensing of Pilots; Manning of Vessels by Pilots in the
Federal Register (59 FR 4839). The Coast Guard received six letters
commenting on the interim final rule. No public hearing was requested,
and none was held.
Background and Purpose
Normally, foreign vessels and U.S. vessels operating on a registry
endorsement are under State pilotage authority, and U.S. vessels
operating on a coastwise endorsement are under Federal pilotage
authority. The regulations addressed in this rule deal only with
Federal pilotage.
Discussion of Comments and Changes
Six letters commenting on the interim final rule were received.
Some of the comments addressed in these letters raised issues that were
not the subject of this rulemaking. The Coast Guard is responding only
to those comments relating to this rulemaking.
One comment suggested that there should be only ``designated''
pilotage areas because otherwise the Coast Guard would be reducing
pilotage requirements for tank barges. The Coast Guard is not reducing
pilotage requirements for tank barges or any other vessels in this
rulemaking.
Another comment stated that ``the local pilotage rules are
excessive with regard to the round trip required in non-designated
areas.'' This rule places a Federal pilotage requirement on inland
route self-propelled vessels greater than 1,600 gross tons. The only
other change required by this rule is to require the master, mate or
operator of a coastwise seagoing vessel to have made one round trip in
the non-designated areas of pilotage waters within the past five years
in order to satisfy the pilotage requirement for that area. The Coast
Guard does not believe these additional pilotage requirements are
excessive.
Several members of the small passenger vessel industry indicated
that they are opposed to the rule because it places a new pilotage
requirement on their vessels. The interim final rule does not establish
a new pilotage requirement for small passenger vessels. Existing
pilotage regulatory requirements for these vessels were established in
the 1985 Final Rule (50 FR 26106) and in earlier rules. A vessel has a
Federal pilotage requirement if it is a coastwise seagoing vessel, not
sailing on register, and underway, not on the high seas. This rule does
not create a pilotage requirement for certain small passenger vessels,
the requirement already exists.
Another comment stated that while it is clear in the quick
reference table that a coastwise seagoing tank barge requires a pilot,
the text of the regulation does not specifically indicate that it is a
``coastwise seagoing'' tank barge that requires a pilot, and suggested
that the text of the regulation be modified to agree with the quick
reference table. The Coast Guard agrees, and the words ``coastwise
seagoing'' are being added to the text of the regulation in
Sec. 15.812(a)(1).
The same comment also suggested that the ``designated'' areas be
compiled and published in the Code of Federal Regulations. The Coast
Guard does not agree. This information can be readily obtained from the
local Coast Guard Captain of the Port (COTP).
The Coast Guard is adopting the interim final rule as published
with some minor technical changes. First, the [[Page 20652]] Coast
Guard is defining the term ``pilotage waters'' in the definition
section as opposed to a footnote in the reference tables.
Second, the Federal Register inadvertently omitted five asterisks
in the amendatory language in the interim final rule. As a result,
paragraphs (f) and (g) from 46 CFR 15.812 were deleted in error. This
clerical error has been corrected in the final rule. Third, the Coast
Guard is revising the headings to the quick reference tables to clarify
that designated and non-designated areas are pilotage waters. Lastly,
the Coast Guard has inserted the words ``coastwise seagoing'' in
15.812(a)(1) before the term ``tank barges'' to clarify that the rule
applies only to coastwise seagoing tank barges.
Assessment
This rule is a significant regulatory action under section 3(f) of
Executive Order 12866 and has been reviewed by the Office of Management
and Budget under that order. It requires an assessment of potential
costs and benefits under section 6(a)(3) of that order. It is
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR 11040; February 26, 1979). This
rule is significant because it clarifies when a vessel is required to
use the services of a Federally licensed pilot, and at one time was
controversial.
The Coast Guard expects the economic impact of this rule to be
minimal. This rule defines ``coastwise seagoing vessel'' for pilotage
purposes, describes first class pilotage areas where local pilotage
expertise is warranted, and provides quick reference tables for
pilotage requirements. Additionally, this rule clarifies that a Federal
pilot is required for vessels in excess of 1,600 gross tons, propelled
by machinery and subject to inspection under 46 U.S.C. Chapter 33, that
are not authorized by their Certificate of Inspection to proceed beyond
the Boundary Line.
This rule codifies current practices, and there are no expected
increases in costs. Therefore, no additional assessment is necessary.
The Coast Guard anticipates that the rule will not increase crew size
or require increased use of pilots since, for the most part, vessels
affected by this rule are presently required by their Certificate of
Inspection to use a Federal pilot.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). The small entities that could be affected
by this final rule are primarily independent operators of tank barges
and self-propelled vessels. Since this rule, for the most part, adopts
current practices, the Coast Guard believes that there will be no
significant economic impact on ``small entities.'' Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq) that this final rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612, and has determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. This rule does not
affect existing State pilotage requirements, but instead clarifies the
Federal pilotage requirements for those vessels which, under 46 U.S.C.
8502, are exclusively subject to Federal pilotage.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that under section 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. The rule, which clarifies Federal pilotage
requirements, is administrative in nature since, by codifying existing
practices, it permits vessels to continue to operate according to
current industry practice. Therefore, this is included in the
categorical exclusion in subsection 2.B.2.1, ``Administrative actions
or procedural regulations and policies which clearly do not have any
environmental impact.'' A Categorical Exclusion Determination has been
placed in the docket.
List of Subjects in 46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons set out in the preamble, the Coast Guard is
adopting the interim final rule published at 59 FR 4839 on February 22,
1994, as final with the following changes:
PART 15--MANNING REQUIREMENTS
1. The authority citation for part 15 continues to read as follows:
Authority: 46 U.S.C. 2103, 3703, 8101, 8502, 8901, 8902, 8903,
8904, 9102; 50 U.S.C. 198, and 49 CFR 1.46.
1a. In Sec. 15.301(a), the definition for designated areas is
revised and a definition for pilotage waters is added in alphabetical
order to read as follows:
Sec. 15.301 Definition of terms used in this part.
* * * * *
Designated areas means those areas within pilotage waters for which
first class pilot's licenses or endorsements are issued under part 10,
subpart G, of this Chapter, by the Officer in Charge, Marine Inspection
(OCMI). The areas for which first class pilot's licenses or
endorsements are issued within a particular Marine Inspection Zone and
the specific requirements to obtain them may be obtained from the OCMI
concerned.
* * * * *
Pilotage waters means the navigable waters of the United States,
including all inland waters and offshore waters to a distance of three
nautical miles from the baseline from which the Territorial Sea is
measured.
* * * * *
2. Section 15.812(a)(1) is revised to read as follows:
Sec. 15.812 Pilots.
(a) * * *
(1) Coastwise seagoing vessels propelled by machinery and subject
to inspection under 46 U.S.C. Chapter 33, and coastwise seagoing tank
barges subject to inspection under 46 U.S.C. Chapter 37;
* * * * *
3. Section 15.812(e) is revised to read as follows:
Sec. 15.812 Plots.
(e) Federal pilotage requirements contained in paragraphs (a)
through (d) of this section are summarized in two quick reference
tables.
(1) Table 15.812(e)(1) provides a guide to the pilotage
requirements for inspected, self-propelled vessels.
[[Page 20653]]
Table 15.812(e)(1).--Quick Reference Table for Federal Pilotage
Requirements for U.S. Inspected Self-Propelled Vessels, Not Sailing on
Register
------------------------------------------------------------------------
Nondesignated areas of
Designated areas of pilotage waters
pilotage waters (routes (between the three
for which First Class mile line and the
Pilot's licenses are start of traditional
issued) pilotage routes)
------------------------------------------------------------------------
Inspected self- First Class Pilot...... Master or Mate may
propelled vessels serve as pilot if the
greater than 1,600 GT, individual:
authorized by their 1. Is at least 21
Certificate of years old.
Inspection (COI) to 2. Has an annual
proceed beyond the physical exam.
Boundary Line, or 3. Maintains current
operating on the Great knowledge of the
Lakes. waters to be
navigated.\1\
Inspected self- First Class Pilot, or Master or Mate may
propelled vessels not Master or Mate may serve as pilot if the
more than 1,600 GT, serve as pilot if the individual:
authorized by their individual: 1. Is at least 21
Certificate of 1. Is at least 21 years years old.
Inspection to proceed old.. 2. Maintains current
beyond the Boundary 2. Maintains current knowledge of the
Line, or operating on knowledge of the waters to be
the Great Lakes. waters to be navigated.\1\
navigated.\1\
3. Has 4 round trips
over the route.\2\
Inspected self- First Class Pilot...... Master or Mate may
propelled vessels serve as pilot if the
greater than 1,600 GT, individual:
not authorized by 1. Is at least 21
their COI to proceed years old.
beyond the Boundary 2. Has an annual
Line (Inland route physical exam.
vessels); other than 3. Maintains current
vessels operating on knowledge of the
the Great Lakes. waters to be
navigated.\1\
Inspected self- No pilotage requirement No pilotage
propelled vessels not requirement.
more than 1,600 GT,
not authorized by
their COI to proceed
beyond the Boundary
Line (Inland route
vessels); other than
vessels operating on
the Great Lakes.
------------------------------------------------------------------------
\1\One round trip within the past 60 months.
\2\If the route is to be traversed during darkness, 1 of the 4 round
trips must be made during darkness.
(2) Table 15.812(e)(2) provides a guide to the pilotage
requirements for tank barges.
Table 15.812(e)(2).--Quick Reference Table for Federal Pilotage
Requirements for U.S. Inspected Tank Barges, not Sailing on Register
------------------------------------------------------------------------
Nondesignated areas of
Designated areas of pilotage waters
pilotage waters (routes (between the three
for which First Class mile line and the
Pilot's licenses are start of traditional
issued) pilotage routes)
------------------------------------------------------------------------
Tank Barges greater First Class Pilot...... Master, Mate, or
than 10,000 GT, Operator may serve as
authorized by their pilot if the
Certificate of individual:
Inspection to proceed 1. Is at least 21
beyond the Boundary years old.
Line, or operating on 2. Has an annual
the Great Lakes. physical exam.\1\
3. Maintains current
knowledge of the
waters to be
navigated.\2\
4. Has at least 6
months' service in
the deck department
on towing vessels
engaged in towing.
Tank Barges 10,000 GT First Class Pilot, or Master, Mate, or
or less, authorized by Master, Mate, or Operator may serve as
their Certificate of Operator may serve as pilot if the
Inspection to proceed pilot if the individual:
beyond the Boundary individual: 1. Is at least 21
Line, or operating on 1. Is at least 21 years years old.
the Great Lakes. old. 2. Has an annual
2. Has an annual physical exam.\1\
physical exam.\1\ 3. Maintains current
3. Maintains current knowledge of the
knowledge of the waters to be
waters to be navigated.\2\
navigated.\2\ 4. Has at least 6
4. Has at least 6 months' service in
months' service in the the deck department
deck department on on towing vessels
towing vessels engaged engaged in towing
in towing operations. operations.
5. Has 12 round trips
over the route.\3\
Tank Barges authorized No pilotage requirement No pilotage
by their Certificate requirement.
of Inspection for
Inland routes only
(Lakes, Bays, and
Sounds/Rivers); other
than vessels operating
on the Great Lakes.
------------------------------------------------------------------------
\1\Annual physical exam does not apply to an individual who will serve
as a pilot of a Tank Barge of less than 1,600 gross tons.
\2\One round trip within the past 60 months.
\3\If the route is to be traversed during darkness, 3 of the 12 round
trips must be made during darkness.
4. Section 15.812(f) is added to read as follows:
(f) In Prince William Sound, Alaska, coastwise seagoing vessels
over 1,600 gross tons and propelled by machinery and subject to
inspection under 46 U.S.C. Chapter 37 must:
(1) When operating from 60 deg.49' North latitude to the Port of
Valdez be under the direction and control of a federally licensed pilot
who: [[Page 20654]]
(i) Is operating under the Federal license;
(ii) Holds a license issued by the State of Alaska; and
(iii) Is not a member of the crew of the vessel.
(2) Navigate with either two licensed deck officers on the bridge
or a federally licensed pilot when operating South of 60 deg.49' North
latitude and in the approaches through Hinchinbrook Entrance and in the
area bounded:
(i) On the West by a line one mile west of the western boundary of
the Traffic Separation Scheme;
(ii) On the East by 146 deg.00' West longitude;
(iii) On the North by 60 deg.49' North latitude; and
(iv) On the South by that area of Hinchinbrook Entrance within the
territorial sea bounded by 60 deg. 07' North latitude and 146 deg.31.5'
West longitude.
Dated: March 17, 1995.
Robert E. Kramek,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 95-10231 Filed 4-26-95; 8:45 am]
BILLING CODE 4910-14-P
