[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Proposed Rules]
[Pages 31332-31347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15346]
[[Page 31331]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Coast Guard
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46 CFR Parts 10 and 15
Licensing and Manning for Officers of Towing Vessels; Proposed Rule
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Proposed Rules
[[Page 31332]]
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the requirements for
licensing those mariners that operate towing vessels, uninspected as
well as inspected. This proposed rule would create new licenses with
levels of qualification and with enhanced training and operating
experience, including practical demonstrations of skill; further, it
would ensure that all towing vessels are manned by officers holding
licenses specifically authorizing their service. It is based on the
investigation of an allision of a towing vessel and its barges with a
railroad bridge, near Mobile, Alabama, in September 1993, which caused
47 deaths.
DATES: Comments must be received on or before October 17, 1996.
ADDRESSES: Comments may be mailed 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 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. Comments on collection-of-information
requirements must be mailed also 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 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:
LCDR Don Darcy, Operating and Environmental Standards Division, (202)
267-0221.
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
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\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.
A public meeting was held on April 4, 1994, at Coast Guard
Headquarters. Afterwards, the Coast Guard received numerous letters
from active mariners requesting a copy of this proposed rule and
seeking an opportunity to comment. The Coast Guard reached each
identifiable group and provided it an opportunity to forward comments
to the docket. It will mail a copy of this rule to every interested
party. 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 a public meeting would be beneficial. If
it determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public meeting at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
This proposed rule is necessary as part of a comprehensive
initiative by the Coast Guard to improve navigational safety for towing
vessels. It follows a report directed by the Secretary of
Transportation, entitled Review of Marine Safety Issues Related to
Uninspected Towing Vessels (hereafter Review), which identified
improvements in licensing, training, and qualifications of operators of
uninspected towing vessels (OUTVs) that may be necessary to achieve
this goal.
The Secretary of Transportation initiated the Review after the
collision, in September 1993, of a towing vessel and its barges with a
railroad bridge near Mobile, Alabama (hereafter Amtrak casualty). This
casualty was closely followed by several others involving towing
vessels. Each emphasized the urgency of examining the rules for the
licensing of all operators of towing vessels. In general, the Review
and a previous study, also by the Coast Guard, entitled Licensing 2000
and Beyond (hereafter Licensing 2000), concluded that the requirements
for licensing all operators of towing vessels are outdated and need
improvement.
The Review examined marine-casualty statistics for towing vessels
over a 12-year period (1980-1991). Of 12,971 marine casualties covered,
at least 7,664, or around 60 percent, were directly attributable to
personnel error. Over the last several years, more research has been
conducted on the effects of human factors on marine casualties. Much of
it concludes that improvements in the licensing, training, and
qualifications of personnel might be accomplished to reduce the number
of casualties.
In all, the Review contained 19 recommendations, on licensing OUTVs
and other matters, including reporting marine casualties and hazardous
conditions; bridge-fendering systems and navigational lighting;
adequacy of navigational equipment for uninspected towing vessels; and
adequacy of the Aids to Navigation System for marking the approaches to
bridges over navigable waterways.
In response to the Review, on March 2, 1994, the Coast Guard
published a notice of public meeting and availability of study (59 FR
10031) that announced the availability of the Review, and scheduled a
meeting to seek public comment on the recommendations made in it.
The public meeting was held on April 4, 1994. It was well attended
by the public, representing a wide range of towing interests. In
response, the Coast Guard received a total of 23 written comments
beyond free discussion at the meeting itself. These comments are
summarized in the section entitled Discussion of Proposed Rule.
The National Transportation Safety Board (NTSB) also conducted an
investigation following the Amtrak casualty. The findings of the NTSB
investigation identified one of the probable causes of the casualty as
the Coast Guard's failure to establish higher standards for the
licensing of inland operators of towing vessels. This proposed rule
aims to update the licensing, training, and qualifications of personnel
on towing vessels in order to reduce similar vessel casualties
attributable to human factors. Specifically, it addresses (1) Levels of
licenses; (2) restrictions of licenses by horsepower; (3) practical
demonstrations of skills; and (4) responsibility of industry.
In addition, this proposed rule has taken into account nine of the
recommendations from the Review that
[[Page 31333]]
affect licensing: (1) The creation of levels of licenses; (2) a
requirement of practical demonstration, by simulator or equivalent, for
upgrade of license; (3) a requirement of practical demonstration, by
simulator or equivalent, for increase in scope of license; (4) a
requirement of practical demonstration, by simulator or equivalent, for
renewal of license; (5) a limitation, to smaller vessels, of the
license for second-class operator of uninspected towing vessels; (6) a
requirement of experience on the Western rivers to receive an
endorsement for them; (7) the assurance that any new license meets
international standards; (8) provisions for crossover or equivalence
for masters and mates of vessels of between 500 and 1,600 gross tons;
and (9) emphasis on responsibility of owners of towing vessels to
employ qualified, experienced personnel as operators in charge (or
masters) of their vessels.
This rulemaking arises largely from a cooperative effort between
the Coast Guard and the towing industry. It reflects oral comments made
at the public meeting held on April 4, 1994; written comments in
response to this meeting; and written comments in response to the
Review. Further, the Merchant Marine Personnel Advisory Committee
(MERPAC) created a working group to generally address the towing-safety
initiatives. The Coast Guard considered the Report of the MERPAC
Working Group, dated June 10, 1994, even before the drafting of this
proposed rule. Further still, the Towing Safety Advisory Committee
(TSAC) created a working group to specifically address licensing
issues. The Coast Guard also considered the Report of the TSAC Working
Group on Licensing, dated December 5, 1994 (hereafter TSAC Report),
during the drafting of this rule. The TSAC Report incorporates the
results of numerous working-group meetings, independent research, and
analysis of current industry practices.
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978 (STCW)
STCW sets qualifications for masters, officers, and watchkeeping
personnel on seagoing merchant ships. It was adopted in 1978 and it
entered into force in 1984. The U.S. became a party in 1991. STCW
applies to mariners serving on board seagoing vessels (i.e., vessels,
including towing vessels, that operate beyond the boundary line as
defined in 46 CFR part 7). Therefore, in addition to the requirements
set forth in this rulemaking, mariners serving on seagoing towing
vessels must meet the training, certification and watchkeeping
requirements in STCW.
On July 7, 1995, a Conference of Parties to STCW adopted a
comprehensive package of Amendments to STCW. The amendments will enter
into force on February 1, 1997. They will affect virtually all phases
of the system used in the U.S. to train, test, evaluate, license,
certify, and document merchant mariners for service on seagoing
vessels. On March 26, 1996, the Coast Guard published a notice of
proposed rulemaking in the Federal Register [CGD 95-062] (61 FR 13284),
concerning changes to the U.S. licensing and documentation system to
conform to STCW as recently amended.
Discussion of Proposed Rule
1. License for master, mate (pilot), or apprentice mate (steersman)
of towing vessels. Licenses for operators of uninspected towing vessels
and second-class operators of uninspected towing vessels would no
longer be issued under this proposed rule. These two licenses would be
replaced with a graduated series of masters' and mates' licenses
limited to towing vessels in general. Holders of current licenses would
be grandfathered into licenses commensurate with their experience.
These new licenses would be issued at the time of routine renewal.
The TSAC Report recommends a move to a series of licenses because
of the increased requirements for licensing of other kinds since the
inception of the OUTV license, along with increased requirements for
reporting casualties and for radar training. With all of these
increased requirements, and with broad acceptance of practical
demonstrations that are now embodied in this proposed rule, TSAC
concluded that OUTV licenses should be upgraded to licenses of
officers: masters and mates by whatever names.
Following the TSAC Report, concern was voiced on the part of many
inland-towing companies and inland mariners alike that, through the
history of the inland-towing industry, the term ``mate'' has never
referred to a licensed officer. The term, in this industry, refers to
the chief unlicensed deck person, while the term ``pilot'' refers to
the licensed person that operates the vessel. To recognize and preserve
regional features of the current inland system and reduce any undue
confusion, this proposed rule would use a synonymous term, ``pilot of
towing vessels''. The document identified by this term would be issued
instead of another, called ``mate of towing vessels,'' for all inland
routes. 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 industry. Likewise, the term ``apprentice mate'' would need
to be further clarified by attaching ``steersman'' to it for the same
reason. Therefore, this proposed rule would use another, synonymous
term, ``steersman of towing vessels,'' for all inland routes.
Nine written comments concurred with the scheme proposed here, as
articulated by Recommendation (1) of the Review. No comments disagreed
with a new licensing structure that included additional levels. Many
comments indicated that the authority to operate towing vessels should
be a restricted authority rather than a lesser-included, low-level
authority, covered by a license for a master of between 200 and 1,600
gross tons.
Three active mariners, currently working on the inland routes as
OUTVs, felt that the best way to achieve the desired level of safety
would be to eliminate the OUTV license and require in its place a
first-class pilot's license; three towing-industry managers stated that
a requirement for this license would be too restrictive, and suggested
that a master's license with a route restriction could provide the
necessary operational flexibility for safe navigation. The Coast Guard
acknowledges that many towing companies operate over large areas and
might be constrained by a requirement that every master hold a first-
class pilot's license; however, the Coast Guard also recognizes that
the highest level of a mariner's geographical knowledge would be
achieved with a requirement for this license. The Coast Guard concludes
that the addition of a practical demonstration of skill during
evaluation along with an upgrade to master or mate (pilot) of towing
vessels would effectively raise the safety level of towing without
overburdening the industry or its mariners.
The Coast Guard considered just adding levels to the existing OUTV
license, for master of OUTV and mate of OUTV. The TSAC working group
considered it, too. But the Coast Guard and TSAC generally agreed that
a structure comprising a sequence of apprentice mate (or steersman),
mate (or pilot), and master, and specifically limited to towing
vessels, was more appropriate for consistency with the U.S. licensing
program as a whole.
The Coast Guard supports two parallel hierarchies of licenses,
separated by horsepower, for the following reasons: (1) The two would
create levels of licenses that did not exist with the OUTV license,
providing
[[Page 31334]]
the less-experienced mariner, while qualified to stand the watch, the
tutelage of a more experienced hand, a master; (2) the two would serve
to signify the greater authority, and responsibility, of mariners in
charge of towing vessels, deemed necessary because of the ever-
increasing size of flotillas moved on the inland routes every day and
proved necessary by the Amtrak casualty; and (3) the two would provide
continuity with licenses issued for Oceans and Great Lakes.
Furthermore, a variation of the hierarchy for 3,000 horsepower or
less--limited master, limited mate (pilot), and limited apprentice mate
(steersman) licenses--would also be issued for routes restricted by the
local Officer in Charge, Marine Inspection, instead of the current
limited OUTV license.
During the development of this possible change, some questions have
arisen regarding the applicability of the two-watch system. The
authority for issuance of licenses for masters and mates (pilots) of
towing vessels would continue to be 46 U.S.C. 7101 and 8904. The latter
statute does not prescribe the types of licenses suitable for
uninspected towing vessels; it only states that a towing vessel must be
operated by an individual licensed by the Secretary to operate that
type of vessel in the particular geographic area, under prescribed
rules. The Chief Counsel of the Coast Guard has already determined that
any towing vessel under 200 gross tons, operating at sea under a
license structure created pursuant to 46 U.S.C. 8904, is permitted to
operate under a two-watch system. This issue receives some discussion
in 46 CFR 15.705(d).
In the past, every operator was responsible for the operation of
the towing vessel during his or her watch. However, business practices
dictated that one operator--the senior one, the OUTV--be designated as
the captain, who could be held responsible to the company as a
traditional master. Nevertheless, the office of the Chief
Administrative Law Judge reports that, until the Amtrak casualty, the
Coast Guard had not processed a case of suspension or revocation
against the OUTV unless, when a casualty occurred, he or she was on
watch. The Coast Guard concludes that the master's duties, and the
overall responsibility associated with overseeing the safety of the
vessel, are indivisible. Because a mariner in command of a towing
vessel under 46 U.S.C. 8904 may not work (even voluntarily) for more
than 12 hours in a consecutive 24-hour period except in an emergency,
the Coast Guard invites comments to the docket on whether this work-
hour limit would place any practical difficulty on an individual who
serves as a master or mate (pilot) on a towing vessel.
The new licensing scheme would no longer treat towing as a lesser-
included activity allowed by a master's license. Under the proposed
rule, every towing vessel would have to be under the command of a
mariner licensed specifically for towing vessels. Any mariner with the
proper training and skills, as verified through sea service,
examination, and a practical demonstration of proficiency, could get
appropriate endorsements added to his or her license.
The proposed rule also introduces a new license: apprentice mate
(steersman) of towing vessels. TSAC expressed concern that the current
program of licensing technically allows a mariner who meets sea-time
requirements and passes a written test to take control of a vessel that
he or she may not possess the knowledge, expertise, or experience to
operate. TSAC, therefore, strongly endorsed the concept of an
apprentice mate (steersman). The purpose was to validate a mariner's
competence before giving the mariner the authority to operate a towing
vessel. Other considerations included the need to know the rules of the
road before actually steering a towing vessel; the necessity under STCW
to establish a procedure to document a trainee's progress in
watchkeeping; and the need to set a time limit for completion of a
training program. The Coast Guard agrees, and proposes a license for an
``apprentice mate (steersman) of towing vessels''.
On inland routes, to reduce confusion and maintain continuity with
currently used terms, the term ``steersman'' would apply instead of the
term ``apprentice mate''. These two terms would be synonymous, each
restricted by route endorsement.
The prerequisites for the license as apprentice mate (steersman)
would comprise sea service; the successful completion of a Coast Guard
examination; a physical exam; a drug test; and a character evaluation.
Even with the license, however, the mariner would be authorized only to
train in the wheelhouse under the continuous, direct supervision and
observation of a mariner licensed as master or mate (pilot) of towing
vessels.
This rulemaking and several other recent ones have caused concern
for the assistance-towing industry. Its vessels assist disabled vessels
for consideration and are licensed under 46 U.S.C. 8904(b). Many of its
vessels are greater than 8 meters (about 26 feet) in length and are
around 500 horsepower. Although this proposed rule would not apply to
vessels that engage solely in assistance towing, it would affect this
industry because many vessels that engage in assistance towing also
engage in commercial towing. The Coast Guard invites comment on whether
this rule should apply to assistance-towing vessels of limited size and
horsepower.
2. Requirements for renewal of licenses. One of the recommendations
from the Review suggested that applicants for renewals of OUTV licenses
be required to demonstrate their skills on a simulator. The Coast Guard
finds merit in requiring a demonstration of proficiency, but for
reasons discussed later in this preamble it would not make the use of a
simulator mandatory. Instead, this proposed rule would permit the
following: (1) Completion of an approved course using either a
simulator or a towing vessel to demonstrate operational skills
associated with towing vessels before a designated examiner; and (2)
check-ride with a designated examiner. Additionally, this rule would
permit mariners to complete a refresher-training course on rules of the
road in lieu of an examination.
3. Horsepower as basis of authority. Current rules treat anyone
licensed as an OUTV as qualified, with some restrictions, to operate
all uninspected towing vessels. When they were developed, in 1969,
several comments recommended limiting the license by gross tonnage or
other suitable criterion. The Coast Guard did not adopt this
recommendation then, because it was already limiting licenses for
Oceans and coastwise routes by a criterion of 200 gross tons. It also
determined then that gross tonnage was not an accurate measure of the
overall capability of a towing vessel to move a tow. Current rules
restrict OUTV licenses by route. Over 20 years later, the Coast Guard
maintains that gross tonnage is not an accurate measure of the
capability of a towing vessel.
The Review recommended limiting the licenses of master and mate
(pilot) of towing vessels by the most appropriate method, whether
towing configuration, route, gross tonnage, or horsepower, Comments
responding to this recommendation chose horsepower as the best single
criterion for determining the capability of a towing vessel.
The TSAC Report also identified horsepower as the best criterion
for limiting licenses. This Report recommends 3,000 horsepower as a
break point for issuing licenses: Master
[[Page 31335]]
or mate (pilot) of towing vessels 3,000 horsepower or less, and master
or mate (pilot) of towing vessels of unlimited horsepower. TSAC
concluded that only tows of a certain size can be put on vessels of
lower horsepower. Differing opinions arose among the full advisory
committee following its working group's recommendation. Some held 3,000
horsepower too high, some too low; while others felt that two break
points were necessary. Nevertheless, the vast majority agreed that it
was appropriate to limit licenses by horsepower. However, vessels
operating beyond the boundary line would still need an STCW endorsement
with tonnage of vessel, even though the license was based on
horsepower. One comment noted that the average raft of barges bound
down the Lower Mississippi River comprises 35 loaded barges and
contains over 50,000 tons of cargo, and that the average of these tows
is 245 feet wide and 1,200 feet long with a draft of 9 to 11 feet. This
is longer and wider than any ship that sails the open sea--and a raft
of barges bound up the river can be half again as long. While there is
no precise correlation between horsepower and the number of barges
towed, the Coast Guard recognizes the different skills, knowledge, and
responsibility required to maneuver the larger vessels and more
numerous barges when compared to the smaller vessels and less numerous
barges. It has determined that a corresponding distinction is necessary
in the licensing structure.
The Coast Guard agrees that horsepower is the best single criterion
for limiting licenses. It further agrees that a single break point, at
3,000 horsepower, would effectively distinguish between the
considerable skills, knowledge, and responsibility necessary to control
typical tows and the extraordinary ones necessary to control gargantuan
tows.
The Coast Guard also recognizes the impact of choosing any
particular level of horsepower for the break point. Many companies
operate numerous towing vessels, of varying levels. Therefore, the
choice of a level may divide mariners within a company. Within the
documented towing fleet recorded in the Coast Guard's Marine Safety
Information System (MSIS), about 20 percent of towing vessels are of
3,000 horsepower or greater. Therefore, the choice of this level would
require only about 20 percent of affected mariners to hold the
endorsement for unlimited horsepower on their licenses.
Following the TSAC Report, representatives of the harbor-towing
industry expressed concern. Because of the specific nature of their
operations, and relatively small range in the horsepower of their
vessels, they worried that the disruption of operations due to a
limitation of licenses by horsepower would outweigh the gains in
safety. The primary reasoning was that most of their vessels are plus
or minus 1,500 horsepower from the 3,000 horsepower; and that,
therefore, no vastly different skills are necessary. The Coast Guard
invites comment on whether a special harbor endorsement, free of
limitation by horsepower, is appropriate.
4. Routes. Under this proposed rule, towing vessel licenses would
be issued on the following routes:
a. Oceans.
b. Near-coastal routes.
c. Great Lakes and inland routes.
d. Rivers.
e. Western rivers.
f. Restricted local area designated by the Officer in Charge,
Marine Inspection (OCMI).
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, and Rivers upon 30 days of observation and training
on each 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 and Rivers upon 30 days of observation
and training on each subordinate route.
On the Western rivers, the method of towing, the aids to
navigation, the operating methods, and the operating environment are
unique. Qualification as a master or mate (pilot) of towing vessels
even endorsed for Oceans, Near-coastal routes, Great Lakes and inland
routes, and Rivers would not authorize operation on Western rivers. For
this endorsement, 90 days of operation and training on a Western Rivers
route would be required.
For a route endorsement not included in his or her current
endorsements, an applicant would have to pass an exam for the route and
serve in the next lower grade for 90 days. After the 90 days of
experience on the applied-for route, the lower-trade restriction would
be removed. For example, an individual holding a license as master of
towing vessels endorsed for rivers, applying for one as master of
towing vessels endorsed for a near-coastal route would have to pass an
exam for this route and submit evidence of 90 days of experience as a
mate on this route. Upon completion of the required sea service, the
applicant would have his or her license endorsed for this route.
Specific comments regarding changes to route endorsements are
requested.
5. Demonstration of proficiency. With the exception of radar-
observer training and flashing-light communications, the Coast Guard
uses the traditional knowledge-based examination. While this
examination is a reliable, effective tool to evaluate a mariner's
skills in navigation techniques, vessel management, safety precautions,
stability calculations, hazardous-materials regulation, engineering
theory, and similar subjects, it does not assess a mariner's actual
proficiency in vessel maneuvering and safe navigation. This proposed
rule would require a practical demonstration of proficiency for a
mariner to obtain an original license as mate (pilot) of towing
vessels. The Coast Guard concludes that a performance-based assessment
would provide a truer measure of a mariner's skills.
When establishing a performance-based assessment, one must keep two
things in mind: First, the diversity of the towing industry; second,
the methods necessary to evaluate a mariner's skills.
The towing industry covers a lot of ground, in several senses.
Fleeting tugs, ocean towers, harbor tugs, assistance towers, and line
haulers all differ from one another in their displacements and power.
Likewise, they differ from one another in their grades--from oceanic
and coastwise trade, where a tug tows a small number of barges astern
on a hawser, to trade on the rivers including the Western rivers, where
a tug pushes a large number of barges ahead.
The Coast Guard also recognizes that various, specialized vessel-
handling skills are necessary to maneuver various tows and that these
are as important to evaluate as the traditional knowledge-based
examination is to administer. It is for these reasons the Coast Guard
is proposing a practical demonstration of proficiency.
To assess a mariner's practical skills, the Coast Guard introduces
the concept of a designated examiner: A towing-vessel expert who will
provide verification of an apprentice mate's (steersman's) proficiency
in vessel-handling and related safety issues.
To help designated examiners in their duty, all apprentice mates
(steersmen) would have to keep training- and assessment-record books.
These books would specify the training required to reach the necessary
standard of competence for a license as mate (pilot) of towing vessels.
A training- and assessment-record book must provide certain basic
information including an indication, by means of the initials or
signature of a clearly identified, designated examiner, that the
candidate
[[Page 31336]]
has established, through practical demonstrations, that he or she is
competent in each of the subjects of knowledge, understanding, and
proficiency. Mariners desiring towing-vessel endorsements on their
masters' or mates' licenses would also have to complete these books.
Again, given the diversity in the towing industry, the training-
and assessment-record book would have to be a flexible tool. While this
preamble mentions a model training- and assessment-record book, towing
companies would be free to conform their books to the contours of their
vessels' operations. In all cases, the companies' variants would have
to satisfy, for the applicable routes, the minimum standards provided
in the model. The books would be freestanding documents and,
ultimately, the responsibility of the individual mariners to maintain.
After review of them, the designated examiners would conduct final
assessments of specific skills.
Three of the recommendations in the Review suggested that
simulators should become a mandatory method of assessing an
individual's competence, for an original license, a renewal of license,
and a change in scope of license. Four comments, three of whose writers
hailed from the oceanic and coastal towing industry, agreed that
simulators should become a mandatory method. Fourteen comments, in
dissent from these recommendations and comments, opposed simulators'
becoming a mandatory method for towing vessels. Primary arguments
included the limited application of simulators for shallow-draft,
close-quarters maneuvering; their lack of availability; and their costs
as an undue hardship. (All of these comments, however, agreed that some
form of practical demonstration of proficiency would be beneficial in
assessing mariners' competence.) MERPAC similarly concluded that
simulators were not a feasible method of assessment to require at this
time.
The TSAC Report recommends that the Coast Guard continue to
research the application of simulators. TSAC recognizes that simulators
are excellent tools and offer the possibility of practical
demonstrations of proficiency once the problems of performance
standards, availability, and cost are resolved.
While the Coast Guard sees great merit in the use of simulators, it
acknowledges the same three problems. Accordingly, this proposed rule
would make the use of simulators, in the assessment of competence,
optional.
This proposed rule would allow three alternative methods for
assessment of a mariner's practical skill. The alternative methods are
(1) Completion of an approved training course with assessment by
simulator; (2) completion of an approved training course with
assessment by check-ride on a towing vessel, which may be part of a
company's training program; and (3) assessment by check-ride on a
towing vessel, with a designated examiner. An element common to all
would be the mariner's having to complete a training- and assessment-
record book that includes a demonstration of proficiency before a
designated examiner.
6. Training. Licensing 2000 recommended increased emphasis on
approved courses, and other, more formalized methods of training,
rather than ``seatime,'' as the principal guarantor of competency. Both
MERPAC and TSAC have endorsed this recommendation. The TSAC Report
recommends that every applicant for the license as mate (pilot) of
towing vessels complete an approved training program that covers (a)
Classroom instruction in shipboard management, seamanship, navigation,
radar, meteorology, maneuvering and handling vessels, engine basics,
preventing and fighting fires, emergency procedures, and lifesaving and
environmental regulations; and (b) demonstration of proficiency on
board a towing vessel.
The Coast Guard concurs with the recommendation of the TSAC Report
and has included in this proposed rule a provision for a training
course. This would involve classroom instruction and practical
demonstration of proficiency either on board a towing vessel or at a
shoreside training facility (i.e., on a simulator). Many towing
companies currently have in place model training programs that employ
practical, ``hands-on'' assessment of competence and classroom
training. These programs have proved highly effective and are in
keeping with current international and domestic initiatives that
encourage mariners to complete either training programs or courses.
Nevertheless, to be consistent with requirements for other masters' and
mates' licenses, this rule would not make completion of an approved
course mandatory. Instead, under this rule a mariner could complete an
approved training course or demonstrate his or her skills before a
designated examiner to satisfy the requirement for practical
demonstration of skills for the license as mate (pilot) of towing
vessels. The Coast Guard invites comment on whether (a) this training
should be made mandatory for all applicants; (b) the training should be
completed at the level of apprentice mate (steersman) since mariners
must pass the examination at that level and since this training may
also help prepare them for the examination; and (c) applicants should
receive credit equivalent to sea service for completing the training
and, if so, how much.
7. Examination. The written examination previously required for the
license as OUTV would continue to be available for that as apprentice
mate (steersman): Its topics, outlined in Table 10.910-2, appear
sufficient for that as apprentice mate (steersman), without substantial
changes.
However, an examination or some refresher training on rules of the
road would be necessary for every renewal of a license. TSAC endorsed
this concept, agreeing that refresher training on rules of the road
might prevent some casualties and help improve the overall proficiency
of mariners in charge of all vessels. Specific comment is requested on
how this proposed rule can better define examination and refresher
training on rules of the road.
8. Designated examiner. As defined in this proposed rule, a
designated examiner is an individual 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 competency necessary to hold the license, document, or
endorsement. This individual may be personally designated by the Coast
Guard, or be designated within the context of an approved program of
training or assessment approved by the Coast Guard.
The Coast Guard is working with MERPAC and TSAC to identify
criteria for certifying designated examiners. The MERPAC working groups
engaged in these efforts have settled on a concept under which the
Coast Guard would individually certify designated examiners who meet
the following criteria: ``(a) have attained a level of qualification at
least equivalent to the qualifications for which the assessment is
being conducted; (b) have at least 2 years of operational experience in
a capacity corresponding to the level of qualification concerned; and
(c) understand and implement assessment techniques and evaluation
processes established by the U.S. Coast Guard.'' Meanwhile, TSAC
proposed similar criteria, but recommended specific training in
assessment techniques and evaluation processes and either one written
recommendation from a towing company attesting the applicant's
qualification to serve as designated examiner or three letters of
[[Page 31337]]
recommendation from masters of towing vessels.
The Coast Guard invites comment concerning (a) its involvement in
individually certifying designated examiners and (b) the specific
assessment and instruction training techniques necessary for those who
assess candidates for towing vessel licenses or endorsements.
9. Approved training other than approved courses. The Coast Guard
is including in this proposed rule and in that in CGD 95-062 (61 FR
13284; March 26, 1996), on STCW, an alternative to its current course-
approval system. Proposed new Sec. 10.309 rests on the principle of
self-certification with minimal Coast Guard oversight based on
acceptance by the Coast Guard of certain materials and procedures to
maintain standards. In other words, completion certificates issued by
training programs that meet the conditions stated in that section could
be accepted as proof of passage of the ``approved training course.''
This could be done by a process like that used to credit ``approved
seagoing service'' after the fact, on sufficient documentary proof. If
the Coast Guard learned that the conditions set out in new Sec. 10.309
were not being met by a particular training program, it would not
accept certificates of completion of the program as proof of completion
of the necessary training itself. The conditions for conducting
approved training other than approved courses are set out in new
Sec. 10.309.
The Coast Guard welcomes comment on this alternative approach,
particularly with respect to its own involvement in overseeing and
maintaining standards through a Coast-Guard-acceptance procedure.
10. Responsibility of towing vessel owners and operators. One of
the recommendations in the Review stated that the Coast Guard should
emphasize the responsibility of towing-vessel owners to employ only
qualified, experienced personnel as operators in charge or masters of
their vessels. Five comments agreed with this, and none opposed it.
The Coast Guard concludes that towing companies have taken on this
responsibility in the past, given the front-end qualifications for
licensing. Many companies have already demonstrated their commitment to
safety by training and evaluating their employees. Under this proposed
rule, they would share greater responsibility for mariners' training
and qualifications by establishing approved training courses, by
recommending designated examiners, and in overseeing the completion of
mariners' training- and assessment-record books. This increase in
responsibility also is consistent with Licensing 2000 and with the TSAC
Report, both of which urge increased responsibility, and
accountability, by companies for the competence and quality of
mariners.
Summary of Proposed Changes
45 CFR Part 10--Licensing of Maritime Personnel
1. In general, throughout this part the terms ``operator of
uninspected towing vessels'' and ``second-class operators of
uninspected towing vessels'' would be replaced by ``master of towing
vessels'' and ``mate (pilot) of towing vessels''. Furthermore, a
license and title of ``apprentice mate (steersman '' would be added as
the first step toward a license as master or mate (pilot) of towing
vessels.
2. The authority citation for part 10 would be revised by adding 14
U.S.C. 633 and 46 U.S.C. 2110, 7109, 7302, 7505, and 7701.
3. Section 10.103 would be revised by adding definitions of the
following: apprentice mate (steerman) of towing vessels; approved
training; Coast-Guard-accepted; designated examiner; pilot of towing
vessels; practical demonstration; qualified instructor; standard of
competence; and steersman of towing vessels.
4. Section 10.201(f)(2) would be revised by requiring that an
apprentice mate (steersman) of towing vessels be at least 18 years of
old.
5. Section 10.209(c)(6) would be added and would require each
applicant for renewal of a license as master or mate (pilot) of towing
vessels to submit satisfactory evidence both of practical demonstration
of skills before a designated examiner or completion of an approved
course and of rules-of-the-road examination or refresher training.
6. Section 10.304(e) would be added to require the completion of a
training- and assessment-record book, for a license as mate (pilot) of
towing vessels.
7. Section 10.309 would be added to provide an alternative to the
course-approval system in Sec. 10.302. The training would have to be
set out in a Coast-Guard-accepted written syllabus showing the subjects
covered, the classroom time required, and the qualifications of the
instructors. Simulators could be used in this training if they met
applicable performance standards and were used by an instructor with
appropriate guidance in instructional techniques involving their use.
8. In Sec. 10.403, Figure 10.403 would be revised by adding the
proposed hierarchy of licenses for towing vessels under 200 gross tons.
9. Sections 10.412(a), 10.414(a), and 10.420 would be revised by
removing the words ``operator of uninspected towing vessels,''.
10. Section 10.418(b) would be revised to require 1 year of service
as master or mate (pilot) of towing vessels on Oceans or Near-coastal
routes to be eligible for a license as master of Ocean or Near-coastal
steam or motor vessels of not more than 500 gross tons.
11. Section 10.446(b) would be revised by increasing the service
requirement to be eligible for a license as master of Great Lakes and
inland steam or motor vessels of not more than 500 gross tons from 6
months to 1 year of service as master of towing vessels.
12. Section 10.463 would be added to explain (a) the hierarchy of
licenses for masters and mates (pilots) of towing vessels and (b) route
endorsements. The Coast Guard proposes issuing licenses as master and
mate (pilot) of towing vessels in two categories: unlimited horsepower
and 3,000 horsepower or less. Towing vessel licenses are, and will
continue to be, endorsed for Oceans and Near-coastal routes by the
gross tonnage of the towing vessels on which the experience was
acquired. Other route endorsements without limits of gross tonnage are,
and will continue to be, Great Lakes and inland routes, Rivers, Western
rivers, and Restricted local areas designated by Officers in Charge,
Marine Inspection.
13. Section 10.464 would be revised to explain the proposed
requirements for masters of towing vessels, including training and
service. For a license as master of towing vessels, regardless of
horsepower, the requirement would normally be 4 years of total service.
Section 10.464 would also explain requirements for a master of
self-propelled vessels of greater than 200 gross tons to get a towing-
vessel endorsement: pass a written examination on towing; obtain 30
days of training and observation on towing vessels on the route for
which the endorsement is requested (this endorsement would be
restricted to the horsepower of the service presented); complete a
Coast-Guard-accepted training- and assessment-record book; and present
satisfactory evidence of successful completion of a practical
demonstration before a designated examiner.
14. Section 10.465 would be added to explain the proposed
requirements for mates (pilots) of towing vessels, including required
training and service. For a license as mate (pilot) of towing vessels,
regardless of horsepower, the
[[Page 31338]]
requirement would normally be 30 months of total service. This section
would also describe proposed requirements for completion of a training-
and assessment-record book and for a practical demonstration of
proficiency before a designated examiner.
Section 10.465 would also explain requirements for a mate of self-
propelled vessels of greater than 200 gross tons to get a towing-vessel
endorsement: pass a written examination on towing; obtain 30 days of
training and observation on towing vessels on the route for which the
endorsement is requested (this endorsement would be restricted to the
horsepower of the service presented); complete a Coast-Guard-accepted
training- and assessment-record book; and present satisfactory evidence
of successful completion of a practical demonstration before a
designated examiner.
15. Section 10.466 would be redesignated as Sec. 10.467, and a new
Sec. 10.466 would be added to explain the requirements for apprentice
mate (steersman) of towing vessels including the following: he or she
would have to prove 18 months of service on deck, 12 months of this on
towing vessels; and he or she would have to pass an examination.
16. For an added endorsement of route on any of these licenses, an
applicant holding any of these licenses would have to prove 3 months of
experience on towing vessels, in the next lower grade, on the route
requested.
17. Section 10.482(a) would be revised to explain the requirements
to qualify for an endorsement authorizing an applicant to engage in
assistance towing. The endorsement would apply to all licenses except
those for master and mate (pilot) of towing vessels and those
authorizing service on inspected vessels over 200 gross tons. Holders
of any of these licenses could engage in assistance towing within the
scope of the licenses and without the endorsement.
18. In Sec. 10.903, paragraphs (a)(18) and (b)(4) would be revised
to show that the licenses for apprentice mate (steersman) of towing
vessels would require examinations and that the licenses for master or
mate (pilot) of towing vessels (endorsed for the same route) would not.
46 CFR Part 15--Manning Requirements
19. The authority citation for part 15 would be revised to add 46
U.S.C. 2103, 8101, 8502, 8901, 8902, 8903, 8904, and 9102 and 50 U.S.C.
198.
20. Section 15.301(b)(6) would be removed because the terms master
and mate (pilot) appear in paragraphs (1) and (2).
21. Section 15.610 would be revised by requiring every towing
vessel at least 8 meters (about 26 feet) in length to 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.
22. Section 15.805(a)(5) would be added to require that every
towing vessel of 8 meters (about 26 feet) or more in length must be
under the command of an individual holding an appropriate license as
master.
23. In Sec. 15.810, a new paragraph (d) would require that the
person in charge of the navigation or maneuvering of a towing vessel of
8 meters (about 26 feet) or more in length shall hold either a license
authorizing service as mate (pilot) of towing vessels--or, on inland
routes; as pilot of towing vessels--or a license as master of
appropriate gross tonnage endorsed for towing vessels.
24. Section 15.910(a) would be revised to require that ``No person
may serve as master or mate (pilot) of any towing vessel of 8 meters
(about 26 feet) or more in length unless he or she holds a license
explicitly authorizing such service.''
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 the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Benefits: The report directed by the Secretary of Transportation,
Review of Marine Safety Issues Related to Uninspected Towing Vessels,
directly attributed 7,664 vessel casualties, including that involving
the MORRIS J. BERMAN, to personnel error. The Coast Guard affirms that,
of that 60 percent of towing-vessel casualties, the dominant categories
of human error were management, operator status, knowledge, and
decision-making, which are all relevant to this proposal.
The training required by this proposal has the potential to
significantly decrease the number of fatalities and injuries in the
towing industry. If this proposal causes a reduction in the number of
fatalities by 37 in 1997, 29 in 1998, 23 in 1999, 13 in 2000, 10 in
2001, and 8 in 2002, the benefits will exceed the costs. The complex
cumulative effect of human error makes it difficult to quantify the
exact benefits of the proposal. 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. The proposal is intended to accrue benefits from a
reduction of towing vessel accidents and injuries through an increased
awareness of safe towing practices.
Costs: There are about 5,400 documented towing vessels in the
United States. The impact on the people now operating these vessels
would be low 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. This proposed rule, however, would result
in increased fees for new entrants into the industry. They would now
have to obtain several intermediate licenses to reach the license with
the broadest operating authority, paying a separate fee for each
license. As of December 1, 1993, there were 12,019 licensed OUTVs. From
1989 to 1993, an average of 473 new licenses as OUTVs were issued
annually, and an average 1,931 licenses as OUTVs were renewed annually.
The probable costs in user's fees for an entrant into the towing
industry are as follows:
1. The license for an apprentice would be issued at the current
user's fees for a license as an OUTV. These fees are as follows:
Evaluation fee............................................... $65.00
Examination fee.............................................. 80.00
Issuance fee................................................. 35.00
----------
Total.................................................. 180.00
Note: Because these fees are part of the current user's fees,
none would represent ``new money''.
2. Now, the holder of a license as an OUTV pays these fees once and
pays no others. If the hierarchy of licenses as masters or mates
(pilot) of towing vessels were adopted, the mariner would pay
evaluation and issuance fees for each successive license. These fees
are as follows:
[[Page 31339]]
License Fee (evaluation and issuance)................... $100.00
Multiplied by the additional levels of licensing........ x 2
Total added cost for each licensed master........... $200.00
New licenses issued each year........................... 473
Towing-vessel endorsements on other licenses (estimated) +47
---------------
Total mariners affected each year................... 520
Total added costs for each licensed master.......... $200.00
Multiplied by the total masters affected each year.. x 520
---------------
Maximum additional cost for new applicants.......... $104,000.00
Note: These costs would be incurred over a minimum of 3\1/2\
years.
The actual figure should be far less than this maximum additional
cost because not all masters and mates (pilots) would rise through all
levels. Further, the issuance of new licenses may supersede renewal
fees.
The Coast Guard would not increase the user's fee for its
evaluation of a mariner's demonstrations of proficiency. It would,
however, incur and pass along costs for demonstrations of proficiency.
It expects that these costs would be shared by the mariner and the
employer.
There are three, alternative methods of demonstrating proficiency;
they and their costs appear as follows:
(1) Completion of an approved training course using a simulator to
demonstrate proficiency. Around 5 percent of the towing industry
currently uses simulators to test proficiency. The Coast Guard
estimates that an additional 5 percent might elect this method as a
result of this rulemaking. The latter number might grow as simulators
become more readily available. The following calculations represent the
estimated prevalence of the use of simulators to demonstrate
proficiency and the estimated costs of that use:
Prevalence of simulators to demonstrate proficiency
New licenses issued each year........................... 520
Multiplied by the percentage of new applicants using
simulators............................................. (5%) x .05
---------------
New licenses based on simulator proficiency......... 26
Cost of use of simulator to demonstrate proficiency
Estimated cost of one-week simulator course............. $5,000.00
Multiplied by the number of students.................... x 26
---------------
Total costs each year............................... $130,000.00
(2) Completion of an approved training course using a towing vessel
to demonstrate proficiency. The Coast Guard estimates that 65 percent,
or 338 of the 520 mariners who obtain towing licenses annually, would
use this option. An estimated 70 percent of towing companies already
have formal training courses available for their deck officers. With
this in mind, the Coast Guard estimates that 70 percent of the 338
mariners, or 237 mariners, would be trained by company programs already
in place. Therefore, approximately 101 mariners would attend a course
offered by a maritime training facility not associated with a company.
The new costs associated with this option would be paid by the mariner
if he or she did not have access to a towing company's in-house course.
Estimated numbers using completion of a training course to demonstrate
proficiency
New licenses issued each year.............................. 520
Minus those based on using simulators (and check-rides,
below).................................................... -182
New licenses based on using training course................ 338
Multiplied by percentage of individuals not covered by
company training programs................................. (30%) x .30
New licenses based on training courses excluding existing
company programs.......................................... 101
Estimated total annual cost of new training courses
Cost for each new applicant................................ $5,000
Multiplied by number of students........................... x 101
------------
Total costs each year................................ $505,000
(3) Check-ride with a designated examiner. A survey by TSAC
suggests that about 30 percent of towing companies would use this
method. These costs, including hiring a designated examiner for a final
check-ride, would most likely be shared by the mariner and the
employer:
Estimated numbers using check-rides to demonstrate proficiency
New licenses issued each year........................... 520
Multiplied by the percent of new applicants using check-
rides.................................................. (30%) x .30
New licenses based on using check-rides................. 156
Estimated costs of using check-rides
Wage of towing operator (for 12-hour day)............... $350.00
Wage of same operator (for 1 hour)...................... $30.00
Multiplied by duration of check-ride (in hours)......... x 5
Cost for each check-ride................................ $150.00
[[Page 31340]]
Estimated total annual costs of using check-rides
Cost for each check-ride................................ $150.00
Multipled by the number of new licenses based on using
check-rides............................................ x 156
---------------
Total cost each year.............................. $23,400.00
Estimated numbers of operators applying for endorsement as
designated examiner.
A common cost included in all three methods of demonstrating
proficiency is the cost of training the designated examiner in
assessment technique.
The Coast Guard estimates that 5 percent of the current operators
of towing vessels would apply for the endorsement as designated
examiner. The following calculations demonstrate estimated costs of
training designated examiners in examination techniques:
Cost of operators applying for endorsement as designated examiner
Total number of operators of towing vessels as of April
1996...................................................... 12,895
Multiplied by the percentage of operators applying for
endorsement as designated examiner........................ (5%) x .05
Total number of designated examiners 645
Cost of training in examination techniques................. x $250
------------
Total cost of training designated examiners.......... $161,250
Estimated cost of refresher training on rules of the road for
renewal of license.
The costs assume that all licensed masters and mates complete
refresher training on rules of the road, instead of Coast Guard
examination, for renewal of their license.
Total number of operators of towing vessels as of April
1996...................................................... 12,895
Divided by number of years in cycle of renewal............. 5
Number of renewals each year............................... 2,579
Multiplied by the estimated cost of refresher training..... x $150
------------
Total annual cost of refresher training.............. $386,850
Estimated annual costs of this rulemaking are as follows:
Users' fees................................................ $104,000
Approved training course using a simulator................. 130,000
Approved training course using a towing vessel............. 505,00
Check-rides with designated examiner....................... 23,400
Designated examiners' training............................. 161,250
Refresher training......................................... 386,850
------------
Annual new costs for rulemaking...................... 1,310,500
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule, if adopted, would
have a significant economic impact on a substantial number of small
entities. ``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 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, would 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 would have a significant economic impact on
your business or organization, please submit a comment (see
``ADDRESSES'') explaining why it qualifies and in what way and to what
degree this proposed rule would economically affect it.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection-of-information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection-of-information requirements comprise
reporting, recordkeeping, notification, and other, similar
requirements.
This proposed rule contains collection-of-information requirements
in Secs. 10.304, 10.309, 10.463, 10.464, and 10.465. The following
particulars apply:
DOT No.: 2115.
OMB Control No.: 2115 AF23.
Administration: U.S. Coast Guard.
Title: Licensing and Manning for Officers of Towing Vessels.
Need For 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- and
assessment-record book. It may also require a report on a final check-
ride before a designated examiner. These recordkeeping requirements are
largely consistent with good commercial practices to the end of good
seamanship for safe navigation. The following is a section-by-section
justification 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- and assessment-record book.
Proposed Secs. 10.309 (a)(10) and (b) would, respectively, require
those monitoring the training under this section to communicate their
conclusions to the Coast Guard within 1 month of the completion of the
[[Page 31341]]
monitoring and require those providing the training to submit a
certificate to the Coast Guard once a year.
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. This could be
accomplished 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- and assessment-record books
for license endorsements as master of towing vessels. Collection of
this information is necessary to ensure that the mariner has completed
the series of qualification for licensing.
Proposed Sec. 10.465(d)(2) would require mates of vessels of
greater than 200 GT to maintain a training- and assessment-record books
for license endorsements as mate (pilot) of towing vessels. Collection
of this information is necessary to ensure that the mariner has
completed the series of qualification for licensing.
Proposed Secs. 10.465(a)(2), (b)(2), (c)(2) and (d)(2) would
require a final check-ride before a designated examiner. They would
then require the applicant to submit his or her completed training- and
assessment-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 use of Information: This information would warrant the
mariner qualified to hold a license for the service in which he or she
would engage.
Frequency of Response: Evidence of qualification for an original
license as mate (pilot) of towing vessels under proposed Sec. 10.465
would accumulate periodically during an 18-month period. 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- and assessment-record book had been completed.
Burden Estimate: 1,590 hours.
Respondents: 1,060 mariners of towing vessels.
Average Burden Hours Per Respondent: 1.5 hours.
The Coast Guard has submitted the requirements to OMB for review
under section 3507 of the Paperwork Reduction Act. Persons submitting
comments on the requirements should submit their comments both to OMB
and to the Coast Guard where indicated under addresses.
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
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 rule is a matter of
``training, qualifying, licensing, and disciplining of maritime
personnel'' within the meaning of subparagraph 2.B.2.e.(34)(c) 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 set out in the preamble, the Coast Guard proposes
to amend 46 CFR parts 10 and 15 as follows:
PART 10--LICENSING OF MARITIME PERSONNEL
1. Revise 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,
2110, 7101, 7106, 7107, 7109, 7302, 7505, 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 while in training under
the direct supervision of a licensed master, mate, or pilot of towing
vessels.
Approved training means training that is approved by the Coast
Guard or meets the requirements of Sec. 10.309.
* * * * *
Coast-Guard-accepted means that the Coast Guard has acknowledged in
writing that the material or process at issue meets the applicable
requirements; that the Coast Guard has issued an official policy
statement listing or describing the material or process as meeting the
applicable requirements; or that an entity acting on behalf of the
Coast Guard under a Memorandum of Agreement has determined that the
material or process meets the applicable requirements.
* * * * *
Designated Examiner means an individual who has been trained or
instructed in techniques of training or assessment and is otherwise
qualified to evaluate whether a candidate for a license, document, or
endorsement has achieved the level of competence required to hold the
license, document, or endorsement. This individual may be designated by
the Coast Guard or by a Coast-Guard-approved program of training or
assessment.
* * * * *
Pilot of towing vessels means a qualified officer of towing vessels
operating exclusively on inland routes.
Practical demonstration means the performance of an activity under
the direct observation of a designated examiner for the purpose of
establishing that the performer is sufficiently proficient in a
practical skill to meet a specified standard of competence or other
objective criterion.
Qualified instructor means an individual who has been trained or
instructed in instructional techniques and is otherwise qualified to
provide required training to candidates for licenses, documents, and
endorsements.
* * * * *
Standard of competence means the level of proficiency to be
achieved for the proper performance of duties aboard a vessel in
accordance with any applicable national and international criteria.
Steersman of towing vessels means a mariner qualified to perform
watchkeeping on the bridge, aboard a towing vessel operating
exclusively on inland routes, while in training under the direct
supervision of a licensed master, mate, or pilot of towing vessels.
* * * * *
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
[[Page 31342]]
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 just
amended to read ``Towing vessels'' in column two (minimum age) 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, revise paragraph (c)(1) introductory text and
add paragraph (c)(6) to read as follows:
Sec. 10.209 Requirements for renewal of licenses and certificates of
registry.
* * * * *
(c) * * *
(1) Except as provided in paragraph (c)(6) of this section, to
renew a license as master, mate, engineer, pilot, or operator, the
applicant shall--
* * * * *
(6) 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), or those of paragraph (c)(1)(iv) except
the exercise; and
(i) Either completing a practical demonstration of maneuvering and
handling a towing vessel before a designated examiner or completing an
approved course; and
(ii) Either passing a rules-of-the-road examination or completing a
refresher-training course.
* * * * *
7. In Sec. 10.304, revise the heading and add paragraph (e) to read
as follows:
Sec. 10.304 Substitution of training for required service, and use of
training- and assessment-record books.
* * * * *
(e) 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- and assessment-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 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. Add section 10.309 to read as follows:
Sec. 10.309 Approved training other than approved courses.
(a) When the training and assessment of competence required by this
part are not subject to Sec. 10.302 and are not being used to
substitute for seagoing service, they may meet the following
requirements:
(1) The training and assessment must have written, clearly defined
objectives that emphasize specific knowledge, skills, and abilities,
and include criteria to use in establishing a candidate's successful
achievement of the objectives.
(2) The training must be set out in a written syllabus that
conforms to a Coast-Guard-accepted outline for such training and
includes--
(i) The sequence of subjects to be covered;
(ii) The number of classroom hours in the presence of a qualified
instructor to be spent on each subject;
(iii) The identity and professional qualifications of each
instructor conducting the training;
(iv) The identification of other media or facilities to be used in
conducting the training; and
(v) Measurements at appropriate intervals of each candidate's
progress toward acquisition of the specific knowledge, skills, and
abilities stated in the objectives.
(3) Except as provided in paragraphs (a) (4) and (5) of this
section, documentary evidence must be readily available to establish
that all instructors--
(i) Have experience, training, or instruction in effective
instructional techniques;
(ii) Are qualified in the task for which the training is being
conducted; and
(iii) Hold the level of license, endorsement, or other professional
credential required of those who would apply, on board a vessel, the
relevant level of knowledge, abilities, and skills described in the
training objectives.
(4) Neither a specialist in a particular field of non-maritime
education, such as mathematics or first aid, nor an individual with at
least 3 years of service as a member of the Armed Forces of the United
States specializing in the field in which he or she is to conduct
training, need hold a maritime license or document to conduct training
in that field.
(5) A simulator may be used in training if--
(i) The simulator meets applicable performance standards;
(ii) The instructor has gained practical operational experience on
the particular type of simulator being used; and
(iii) The instructor employing the simulator has received
appropriate guidance in instructional techniques involving the use of
simulators.
(6) Essential equipment and instructional materials must afford all
candidates adequate opportunity to participate in exercises and acquire
practice in performing required skills.
(7) A process of routinely assessing the effectiveness of the
instructors,
[[Page 31343]]
including the use of confidential evaluations by candidates, must be in
place.
(8) Records of candidates' performance must be maintained for at
least 1 year.
(9) To ensure that the training is meeting its objectives, and the
requirements of paragraph (a) of this section, its offeror shall
monitor it at suitable intervals in accordance with a Coast-Guard-
accepted quality-standards system, which must include the following
features:
(i) Those monitoring the training shall be persons knowledgeable
about the subjects being monitored and about the national and
international requirements that apply to the training, and shall not
themselves be involved in the training.
(ii) Those monitoring the training shall enjoy convenient access to
all appropriate documents and facilities, and opportunities both to
observe all appropriate activities and to conduct confidential
interviews when necessary.
(iii) Arrangements must be such as to ensure that persons
monitoring the training are not penalized or rewarded, directly or
indirectly, by the sponsor of the training for making any particular
observations or for reaching any particular conclusions.
(10) Those monitoring the training shall communicate their
conclusions to the Coast Guard within 1 month of the completion of the
monitoring.
(11) Those providing the training shall let the Coast Guard observe
the training and review documents relative to paragraphs (a) (1)
through (10) of this section.
(b) The Coast Guard will maintain a list of training each of whose
providers annually submits a certificate, signed by the provider or its
authorized representative, stating that the training fully complies
with requirements of this section. Training on this list will
presumptively constitute the training necessary for licenses and STCW
endorsements under this part. The Coast Guard will update this list
periodically and make it available to members of the public on request.
(c) If the Coast Guard determines, on the basis of observations or
conclusions either of its own or by those monitoring the training, that
particular training does not satisfy one or more of the conditions
described in paragraph (a) of this section--
(1) The Coast Guard will notify the provider of the training by
letter enclosing a report of the observations and conclusions;
(2) The provider will have a specified period to appeal the
conclusions to the appropriate official at Coast Guard Headquarters, or
to bring the training into compliance; and
(3) If the appeal is denied--or the deficiency is not corrected in
the allotted time, or within any additional period held by the Coast
Guard, considering progress toward compliance, to be appropriate--the
Coast Guard will remove the training from the list referred to in
paragraph (b) of this section until it can verify full compliance; and
it may deny applications, based in whole or in part, on training not on
the list until additional training or assessment is documented.
9. In Sec. 10.403, revise Figure 10.403 to read as follows:
Sec. 10.403 Deck license structure.
* * * * *
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[GRAPHIC] [TIFF OMITTED] TP19JN96.007
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[[Page 31345]]
Sec. 10.412 [Amended]
10. In Sec. 10.412(a), remove the words ``operator of uninspected
towing vessels,''.
Sec. 10.414 [Amended]
11. In Sec. 10.414(a), remove the words ``operator of uninspected
towing vessels,''.
12. 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]
13. In Sec. 10.410, remove the words ``operator of uninspected
towing vessels,''.
Sec. 10.424 [Amended]
14. 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''.
15. 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 master of mate of towing vessels
on Oceans or Near-coastal routes. Completion of a limited examination
is also required.
* * * * *
Sec. 10.442 [Amended]
16. In Sec. 10.442, paragraphs (a) and (b), remove the words
``operator of uninspected towing vessels'' and add, in their place, the
words ``master or mate (pilot) of towing vessels''.
17. 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.
Sec. 10.452 [Amended]
18. 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]
19. In Sec. 10.462(c), remove the words ``operator of uninspected
towing vessels'' and add, in their place, the words ``master or mate
(pilot) of towing vessels''.
20. Add section 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 horsepower.
(2) 3,000 horsepower or less.
(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. 10.414, 10,418,
and 10.412, respectively.
(c) The Coast Guard endorses licenses as master and mate (pilot) 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, 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.
(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
replaces that as mate of towing vessels. All qualifications and
equivalencies are the same.
(j) For all inland routes, the license as steersman replaces that
as apprentice mate. All qualifications and equivalencies are the same.
21. Revise section 10.464 to read as follows:
Sec. 10.464 Licenses for masters of towing vessels.
(a) For a license as master of towing vessels of unlimited
horsepower, 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 (about 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) of towing
vessels of greater than 3,000 horsepower; and
(iii) Three months of the 18 months on the particular route for
which application is made; or
(2) Have 12 months of service as mate (pilot) of towing vessels of
unlimited horsepower while holding a license as master of towing
vessels of 3,000 horsepower or less including 3 months of service on
the particular route for which application is made.
(b) For a license as master of towing vessels of 3,000 horsepower
or less, 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 (about 26 feet) or over in length while holding a license as
mate (pilot) of towing vessels;
(ii) Twelve months of the 18 months, as mate (pilot) of towing
vessels of 3,000 horsepower or less; and
(iii) Three months of the 18 months on the particular route for
which application is made; or
(2) Have 12 months of service as mate (pilot) of towing vessels of
3,000 horsepower or less while holding a license as limited master of
towing
[[Page 31346]]
vessels including 3 months of service on the particular route for which
application is made.
(c) For a license as master of towing vessels of 3,000 horsepower
or less 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
(about 26 feet) or over in length as limited mate (pilot) of towing
vessels; and
(2) Three months of service on the particular route for which
application is made.
(d) The holder of a license as master of self-propelled vessels of
greater than 200 gross tons may obtain an endorsement for towing
vessels (restricted to the horsepower of 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 requested;
(2) Submits evidence of assessment of practical demonstration of
skills, in the form of a training- and assessment-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
that license endorsed as mate (pilot) for a route not included in the
current endorsements on which he or she has no operating experience
after passing an examination for that route. Upon completion of 90 days
of experience on that route, he or she may have the mate (pilot)
restriction removed.
22. Add section 10.465 to read as follows:
Sec. 10.465 Licenses for mates (pilots) of towing vessels.
(a) For a license as mate (pilot) of towing vessels of unlimited
horsepower, 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
(about 26 feet) or over in length while holding a license as apprentice
mate (steersman);
(ii) Twelve months of the 30 months on towing vessels of greater
than 3,000 horsepower; and
(iii) Three months of the 12 months on the particular route for
which application is made;
(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- and assessment-record book in accordance
with Sec. 10.304(e); or
(3) Have 30 days of service observing and training on towing
vessels of greater than 3,000 horsepower while holding a license as
master of towing vessels of 3,000 horsepower or less and pass a partial
examination.
(b) For a license as mate (pilot) of towing vessels of 3,000
horsepower or less, 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
(about 26 feet) or over in length while holding a license as apprentice
mate (steersman) of towing vessels; and
(ii) Three months of the 12 months on the particular route for
which application is made;
(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- and assessment-record book in accordance
with Sec. 10.304(e); or
(3) Have 30 days of service observing and training on towing
vessels while holding a license as limited master of towing vessels of
3,000 horsepower or less and pass a partial examination.
(c) For a license as mate (pilot) of towing vessels of 3,000
horsepower or less 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 (about 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- and assessment-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 (restricted to the horsepower of the service presented) 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- and assessment-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 that license endorsed as apprentice mate (steersman) for a route
not included in the current endorsements on which he or she has no
operating experience after passing an examination for that route. Upon
completion of 3 months of experience in that route, he or she may have
the apprentice mate (steersman) restriction removed.
(f) An approved training course for mate (pilot) of towing vessels
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) Seamanship;
(3) Navigation;
(4) Watchkeeping;
(5) Radar;
(6) Meteorology;
(7) Maneuvering and handling of towing vessels;
(8) Engine-room basics; and
(9) Emergency procedures.
23. Redesignate section 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) Pass the examination specified in subpart I of this part; and
(3) Have 3 months of the 18 months on the particular route for
which application is made.
(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) Pass a limited examination; and
(3) Have 3 months of the 18 months on the particular route for
which application is made.
(c) The holder of a license as apprentice mate (steersman) of
towing vessels may have that license endorsed as limited apprentice
mate (steersman) for a route not included in the current endorsements
on which he or she has no operating experience, upon passing an
examination for that route. Upon completion of 3 months of experience
in that route, he or she may have the limited apprentice mate
(steersman) restriction removed.
[[Page 31347]]
24. 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 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]
25. 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]
26. In Sec. 10.703(a) introductory text, 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]
27. 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''.
28. In Sec. 10.903, revise paragraphs (a)(18) and (b)(4) to read as
follows:
Sec. 10.903 Licenses requiring examinations.
(a) * * *
(18) Apprentice mate (steersman) of towing vessels;
* * * * *
(b) * * *
(4) Master or mate (pilot) of towing vessels (endorsed for the same
route).
29. In Sec. 10.910, amend the introductory language to Table
10.910-1 by revising paragraphs 10 through 12 to read as follows:
Sec. 10.910 Subjects for deck incenses.
* * * * *
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
30. Revise the authority citation for part 15 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.
Sec. 15.301 [Amended]
31. In Sec. 15.301(b), remove paragraph (6); and redesignate
paragraphs (7) through (10) as paragraphs (6) through (9).
32. Revise section 15.610 to read as follows:
Sec. 15.610 Masters and mates (pilots) of towing vessels.
Every towing vessel at least 8 meters (about 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 any 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]
33. 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''.
34. In Sec. 15.805, add paragraph (a)(5) to read as follows:
Sec. 15.805 Master.
(a) * * *
(5) Every towing vessel of 8 meters (about 26 feet) or more in
length.
* * * * *
35. 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) A person in charge of the navigation or maneuvering of a towing
vessel of 8 meters (about 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 or horsepower, according to the routes,
endorsed for towing vessels.
* * * * *
36. Revise section 15.910 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 (about 26 feet) or more in length unless he or she holds a
license explicitly authorizing such service.
Dated: June 11, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-15346 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-14-M
