[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8372]
[[Page Unknown]]
[Federal Register: April 8, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 35, 78 and 97
[CGD 91-023]
RIN 2115-AE38
Authorization for NTSB Officials To Be Allowed in the Pilothouse
or on the Navigation Bridge of Merchant Vessels While Underway
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the National Transportation Safety Board
(NTSB), the Coast Guard is amending its regulations prescribing the
officials that may be allowed in the pilothouse or on the navigation
bridge of vessels while underway to include NTSB personnel. This access
is necessary for marine accident investigations and familiarization of
vessels, navigation procedures, and waterways.
EFFECTIVE DATE: May 9, 1994.
ADDRESSES: Unless otherwise indicated, documents referenced 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 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:
Mrs. Justine Bunnell, Merchant Vessel Personnel Division, at (202) 267-
0238.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mrs.
Justine Bunnell, Project Manager, Office of Marine Safety, Security and
Environmental Protection, and Ms. Helen Boutrous, Project Counsel,
Office of Chief Counsel.
Regulatory History
On November 5, 1992, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Authorization for NTSB Officials to be
Allowed in the Pilothouse or on the Navigation Bridge of Vessels While
Underway'' in the Federal Register (57 FR 52748). The Coast Guard
received eight letters commenting on the proposal. A public hearing was
not requested and one was not held.
Background and Purpose
Currently, 46 CFR 78.10-1 and 46 CFR 97.10-5 require masters and
pilots to exclude all persons not connected with the navigation of a
vessel from the pilothouse and navigation bridge while underway.
However, certain officials, including those from the United States
Coast Guard, United States Navy, United States Coast and Geodetic
Survey, United States Army Corps of Engineers and Maritime
Administration personnel, may be allowed in the pilothouse or upon the
navigation bridge upon appropriate authorization. NTSB personnel are
not among the officials that may be allowed in the pilothouse or upon
the navigation bridge while underway. The NTSB has requested that the
regulations be amended to allow NTSB access to the pilothouse and
navigation bridge of a vessel while underway, in order to enhance the
investigation of marine accidents. NTSB asserts that allowing NTSB
access to the pilothouse and navigation bridge while underway would aid
in waterway and vessel familiarization relating to the investigation of
specific marine accidents and would aid in NTSB studies of vessels,
navigation procedures, and waterways.
Discussion of Comments and Changes
Eight comments were received during the comment period. Several of
the comments supported the rulemaking as proposed.
One individual was opposed to allowing anyone on the navigation
bridge other than those engaged in operation of the vessel. However, it
is the Coast Guard's position that it is necessary to allow the
personnel specified in these regulations access to the navigation
bridges of vessels to ensure effective performance of inspections and
accident investigations, as well as other educational and safety
related duties.
The Board of Commissioners of Pilotage of the State of New Jersey
requested that the regulations include State Pilotage Commissioners in
the list of officials that may be allowed on the bridge of a vessel
while underway. The Coast Guard agrees that certain State officials and
others involved in the training, regulating, or evaluating of pilots
should be included in the list of those officials who may be allowed on
the navigation bridge in accordance with these regulations. Therefore,
each of the provisions issued in this final rule include not only those
regularly engaged in learning the profession of pilot, but those
regularly engaged in training, regulating, or evaluating the profession
of pilot, in the list of officials that may be allowed upon the
navigation bridge while underway.
Two of the comments, including one submitted by the NTSB, requested
that this rulemaking include vessels regulated by other parts of title
46 of the Code of Federal Regulations. The NPRM included passenger
vessels over 100 gross tons, regulated by 46 CFR part 78, subchapter H,
and cargo and miscellaneous vessels regulated by 46 CFR part 97,
subchapter I. The Coast Guard agrees that restricting access to the
bridges of vessels while underway would be appropriate for tank
vessels. Therefore, the Coast Guard is amending subchapter D by adding
provisions identical to the regulations being added to subchapters H
and I by this final rule.
Regulatory Assessment
This final rule is not a significant regulatory action under
Executive Order 12866 and is not significant under the ``Department of
Transportation regulatory policies and procedures'' (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact to be
so minimal that a full Regulatory Assessment is unnecessary. This final
rule will allow NTSB officials and others to more effectively perform
their duties. The amendments will have no economic impact on the
maritime industry.
Small Entities
This final rule will allow NTSB officials and others to more
effectively perform their duties. The amendments will have no economic
impact on the maritime industry. Therefore, the Coast Guard certifies
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) that this rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This final 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 had determined that
this final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. The authority to
regulate the operations of vessels subject to these regulations is
committed to the Coast Guard by Federal statutes. The purpose of these
regulations is to set forth uniform minimum requirements for covered
vessels operating on the navigable waters of the United States.
Therefore, the Coast Guard intends that this final rule preempt State
action that conflicts with these regulations.
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 action is categorically excluded from further
environmental documentation. The amendment involves only operational
procedures regarding officials that may be allowed in the pilothouse or
upon the navigation bridge while underway and clearly would have 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 35
Cargo vessels, Marine safety, Navigation (water), Occupational
Safety and health, Reporting and recordkeeping requirements, seaman.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Coast Guard amends 46
CFR parts 35, 78 and 97 as follows:
PART 35--OPERATIONS
1. The authority citation for part 35 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. App. 1804; E.O. 11735; 38 FR 21243, 3 CFR, 1971-1975 Comp.,
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp. p. 277; 49 CFR
1.46.
2. Section 35.01-60 is added to read as follows:
Sec. 35.01-60 Person excluded.
Masters and pilots shall exclude from the pilothouse and navigation
bridge while underway, all persons not connected with the navigation of
the vessel. However, licensed officers of vessels, persons regularly
engaged in training, regulating, evaluating, or learning the profession
of pilot, officials of the United States Coast Guard, United States
Navy, United States Coast and Geodetic Survey, United States Army Corps
of Engineers, Maritime Administration, and National Transportation
Safety Board may be allowed in the pilothouse or upon the navigation
bridge upon the responsibility of the master or pilot.
PART 78--OPERATIONS
3. The authority citation for part 78 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; 49 U.S.C.
App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp., p. 793;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
4. Section 78.10-1 is revised to read as follows:
Sec. 78.10-1 Persons excluded.
Masters and pilots shall exclude from the pilothouse and navigation
bridge while underway, all persons not connected with the navigation of
the vessel. However, licensed officers of vessels, persons regularly
engaged in training, regulating, evaluating or learning the profession
of pilot, officials of the United States Coast Guard, United States
Navy, United States Coast and Geodetic Survey, United States Army Corps
of Engineers, Maritime Administration, and National Transportation
Safety Board may be allowed in the pilothouse or upon the navigation
bridge upon the responsibility of the master or pilot.
PART 97--OPERATIONS
5. The authority citation for part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; 49 U.S.C.
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
6. Section 97.10-5 is revised to read as follows:
Sec. 97.10-5 Persons excluded.
Masters and pilots shall exclude from the pilothouse and navigation
bridge while underway, all persons not connected with the navigation of
the vessel. However, licensed officers of vessels, persons regularly
engaged in training, regulating, evaluating, or learning the profession
of pilot, officials of the United States Coast Guard, United States
Navy, United States Coast and Geodetic Survey, United States Army Corps
of Engineers, Maritime Administration, and National Transportation
Safety Board may be allowed in the pilothouse or upon the navigation
bridge upon the responsibility of the master or pilot.
Dated: April 1, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security
and Environmental Protection.
[FR Doc. 94-8372 Filed 4-7-94; 8:45 am]
BILLING CODE 4910-14-M
