94-26506. Radar-Observer Endorsement for Operators of Uninspected Towing Vessels  

  • [Federal Register Volume 59, Number 206 (Wednesday, October 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-26506]
    
    
    [[Page Unknown]]
    
    [Federal Register: October 26, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    46 CFR Parts 10 and 15
    
    [CGD 94-041]
    RIN 2115-AE92
    
     
    
    Radar-Observer Endorsement for Operators of Uninspected Towing 
    Vessels
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Interim rule with request for comments.
    
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    SUMMARY: The Coast Guard is amending the rules that require a radar-
    observer endorsement. The amended rules will require radar-training for 
    licensed masters, mates, and operators of radar-equipped uninspected 
    towing vessels 8 meters (approximately 26 feet) or more in length, 
    either toward an endorsement or, in the short run, toward a 
    certificate. The amended rules are necessary to ensure that vessels 
    equipped with radar are manned by mariners with the skills and 
    knowledge to operate them.
    
    DATES: Effective Date: This rule is effective on November 25, 1994.
        Comments: Comments must be received on or before January 24, 1995.
    
    ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
    Safety Council (G-LRA, 3406) [CGD 94-041], U.S. Coast Guard 
    Headquarters, 2100 Second Street SW, Washington, DC 20593-0001, or may 
    be delivered to room 3406 at the same address between 8 a.m. and 3 
    p.m., Monday through Friday, except Federal holidays. The telephone 
    number is (202) 267-1477.
        The Executive Secretary maintains the public docket for this 
    rulemaking. Comments will become part of this docket and will be 
    available for inspection or copying at room 3406, U.S. Coast Guard 
    Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
    Federal holidays.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Robert E. Spears, Jr., Project Manager, Office of Marine Safety, 
    Security, and Environmental Protection (G-MVP-3), (202) 267-0224, 
    between 9 a.m. and 5:00 p.m., Monday through Friday, except Federal 
    holidays.
    
    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 94-041] and the specific section of this 
    rule 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 rule in view of the comments.
        The Coast Guard conducted a study entitled Review of Marine Safety 
    Issues Related to Uninspected Towing Vessels. The Review recommended, 
    among other initiatives, establishment of a radar-training requirement 
    for certain operators of towboats. The Coast Guard held a public 
    meeting on April 4, 1994, to examine the Review. The public comments, 
    both offered then and submitted afterward, figured in the development 
    of this rule. Consequently, the Coast Guard plans no public hearing. 
    Persons may ask for one by writing to the Marine Safety Council at the 
    address under ADDRESSES. The request should include the reasons why one 
    would be beneficial. If the Coast Guard determines that another 
    opportunity for oral presentations will aid this rulemaking, it will 
    schedule a hearing at a time and place announced by a later notice in 
    the Federal Register.
    
    Drafting Information
    
        The principal persons involved in the drafting of this document are 
    Mr. Robert S. Spears, Jr., Project Manager, Office of Marine Safety, 
    Security, and Environmental Protection, and Mr. Patrick J. Murray, 
    Project Counsel, Office of the Chief Counsel.
    
    Regulatory Information
    
        This rule is being published as an interim rule and will be 
    effective on November 25, 1994. The Coast Guard has determined that it 
    would be contrary to the public interest to delay publication of this 
    rule, which applies current statutory law [46 U.S.C. 2103, 7101, and 
    8904(a)], establishes an overdue regulatory requirement at a minimal 
    cost, and shows great potential for improving public safety. For these 
    good reasons, the Coast Guard finds under 5 U.S.C. 553(b)(3)(B) that no 
    public notice is necessary.
    
    Background and Purpose
    
        The derailment of the Amtrak Sunset Limited, a passenger train, on 
    September 22, 1993, with extensive injury and loss of life, resulted in 
    a study entitled Review of Marine Safety Issues Related to Uninspected 
    Towing Vessels. This study, based on an investigation conducted jointly 
    by the Offices of Navigation Safety and Waterway Services (G-N) and of 
    Marine Safety, Security, and Environmental Protection (G-M), provided 
    the Commandant of the Coast Guard with a number of recommendations to 
    enhance safety in the towing industry. One of these recommendations 
    called for a regulatory project to amend 46 CFR parts 10 and 15 to 
    require radar-observer training and endorsements for operators of 
    radar-equipped towing vessels more than 8 meters (approximately 26 
    feet) in length. The Commandant concurred, and directed the Merchant 
    Vessel Personnel Division (G-MVP) to initiate the project.
    
    Discussion of Rule
    
        This interim rule amends the current rules in two basic ways. 
    First, it adds to 46 CFR part 15 language that extends the requirement 
    of a radar-observer endorsement to licensed operators of radar-equipped 
    towboats 8 meters (approximately 26 feet) or more in length. Second, it 
    adds to part 10 two courses: A Radar-Observer (Rivers) course and a 
    Radar-Operation course, the latter temporary. Because operators with 
    unlimited and inland-waters endorsements may navigate on rivers, the 
    Coast Guard also found it necessary to add rivers-related topics to the 
    list of subjects for the courses encompassing broader routes. 
    (``River'' means any river, canal, or similar body of water designated 
    by the Officer in Charge, Marine Inspection; ``Inland Waters'' means 
    the navigable waters of the United States shoreward of the Boundary 
    Lines as described by 46 CFR part 7, excluding the Great Lakes [46 CFR 
    10.103].)
        To provide a reasonable opportunity for affected personnel to 
    complete full radar-observer courses and obtain radar-observer 
    endorsements, this interim rule requires these courses and endorsements 
    only of personnel receiving original licenses, renewing licenses, or 
    upgrading licenses, on or after February 15, 1995. (Since licenses are 
    valid for five years, some OUTVs will not have to complete these 
    courses until January, 2000.) However, because of the urgent need to 
    improve safety, this rule requires the Radar-Operation course of all 
    affected personnel not yet required to hold the radar-observer 
    endorsement.
        Because of the large number of personnel required to attend radar-
    training by February 15, 1995, and the importance of their getting 
    basic training as soon as possible, the Radar-Operation course may be 
    conducted by individuals, companies, or other organizations without 
    prior approval of the Coast Guard. However, offerors must state on 
    their course-completion certificates that the courses conform to rules 
    of the Coast Guard. Each such certificate is valid until the holder's 
    license is renewed or upgraded, whichever occurs first. By then, a 
    holder of this certificate must have completed an approved radar-
    observer course to obtain the endorsement on his or her license. No 
    mariner who renews or upgrades his or her license on or after February 
    15, 1995, without having attended a radar-observer course, may serve as 
    the master, mate, operator, or pilot of any vessel identified by 46 CFR 
    15.815--among which are radar-equipped uninspected towing vessels of at 
    least 8 meters (approximately 26 feet) in length.
        The radar-observer endorsement on a license expires after five 
    years. To renew, an applicant must present a certificate of training 
    from an approved course: radar-observer renewal or original. Like the 
    original course, the renewal course will contain two principal 
    components: a demonstration of skills on a radar simulator, and a 
    radar-theory examination. Any applicant successfully completing the 
    appropriate approved course and presenting the certificate of training 
    to the OCMI may have his or her endorsement renewed.
    
    Regulatory Evaluation
    
        This rule is not a significant regulatory action under section 3(f) 
    of Executive Order 12866, ``Regulatory Planning and Review,'' 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 nonsignificant under the 
    Regulatory Policies and Procedures of the Department of Transportation 
    (DOT) [44 FR 11040 (February 26, 1979)].
        The requirements announced by this rule will apply to licensed 
    operators of radar-equipped towing vessels 8 meters (approximately 26 
    feet) or more in length operating in U.S. waters.
        The Coast Guard expects the economic impact of this rule to be so 
    minimal that a full Regulatory Evaluation under paragraph 10e of the 
    Regulatory Policies and Procedures of DOT is unnecessary.
        There are about 12,300 licensed operators of uninspected towing 
    vessels (OUTV) in the U.S. Although some may operate towboats on ocean 
    (domestic-trade) waters, many of those vessels are manned by licensed 
    masters or mates. OUTVs on ocean waters already must complete radar-
    observer courses [see 46 CFR 10.464(e)(2)], but they must do this only 
    once. This rule will require certain licensed OUTVs to obtain radar-
    observer endorsements, which must be renewed five years after the month 
    of issue [see 46 CFR 10.480(f), below]. Roughly 15,000 masters, mates, 
    and OUTVs will each need to complete a radar-observer course or a 
    Radar-Operation course sometime during the five years after the 
    effective date of this rule to comply with 46 CFR 15.815(c), below. 
    Those completing the radar-observer course will need to renew their 
    endorsements every five years to continue to work on radar-equipped 
    towboats of at least 8 meters (approximately 26 feet) in length. 
    Certificates from Radar-Operation courses will not be valid with 
    licenses dated after February 15, 1995. Consequently, persons using the 
    Radar-Operation certificate to satisfy 46 CFR 15.815(c) will need to 
    complete radar-observer courses when they renew or upgrade their 
    licenses--if they intend to continue working on radar-equipped towboats 
    of 8 meters (approximately 26 feet) or more in length. A Radar-
    Operation course, at least four hours in length, is designed to 
    indoctrinate operators with regard to basic uses and interpretation of 
    radar. Radar-observer courses, courses approved by the Coast Guard and 
    completed by applicants seeking radar-observer endorsements on their 
    licenses, range in length from four hours (renewal only) to five or 
    more days. The radar-observer courses and corresponding endorsements 
    are separated by area of operation: Rivers, Inland Waters, and 
    Unlimited (any waters). Expenses to complete the different courses will 
    vary, depending on the courses selected, the sources of training, and 
    the applicants' abilities. In-house courses should cost less than 
    courses offered by independent schools. Unless their employers offer 
    the courses, OUTVs likely will bear the expense for the training, and 
    complete it on their own time. Tuition might cost up to $100.00 a day, 
    and miscellaneous expenses for travel, meals, and lodging will 
    sometimes accrue too, at $20.00 to $100.00 a day. Since the endorsement 
    is valid for five years, the expense may be spread over five years as 
    well.
        For example, if the typical OUTV completes a Radar-Operation course 
    before February 15, 1995, for $50.00 and then two years later, when 
    renewing his or her license, completes a Radar-Observer (Rivers) course 
    at a cost of $480.00 (three days of training, lodging, meals, and 
    miscellaneous expenses), the expense for the first seven years will be 
    about $530.00, or $76.00 a year. For subsequent five-year intervals, 
    the expense will fall to about $14.00 a year, due to the shorter length 
    of the renewal course ($50.00 tuition + $20.00 miscellaneous expenses = 
    $70.00 divided by five years = $14.00). Hence, over 30 years, training 
    15,000 licensed individuals will cost about $440,000.00 a year. Since 
    about 450 new OUTVs are added each year (at $480.00 each), $216,000.00 
    must also be added each year to arrive at the total expense for the 
    towing industry--$656,000.00 a year.
        Statistical research has shown that American society is willing to 
    pay $2,600,000.00 to save even just one life. Therefore, even if only 
    one life is saved each year by this rule, the benefit outweighs the 
    expense by about $2,000,000.00 a year.
    
    Small Entities
    
        Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the 
    Coast Guard must consider the economic impact on small entities of a 
    rule for which a general notice of proposed rulemaking is required. 
    ``Small entities'' may include (1) small businesses and not-for-profit 
    organizations that are independently owned and operated and are not 
    dominant in their fields and (2) governmental jurisdictions with 
    populations of less than 50,000.
        This interim rule does not require a general notice of proposed 
    rulemaking and, therefore, is exempt from the provisions of the Act. 
    Although this rule is exempt, however, the Coast Guard has reviewed it 
    for potential impact on small entities.
        This interim rule places its burden on individual OUTVs, not on 
    their employers, which may, but need not, take it on themselves. The 
    Coast Guard expects that, of the employers that will take it on 
    themselves, few if any will be small entities. Therefore, the Coast 
    Guard has determined that it will have no adverse economic impact on 
    small entities. If you nonetheless think that your business or 
    organization qualifies as a small entity and that this rule will have a 
    significant economic impact on your business or organization, please 
    submit a comment (see ADDRESSES) explaining why you think it qualifies 
    and to what degree this rule will economically affect it.
    
    Collection of Information
    
        This interim rule contains no new collection-of-information 
    requirements under the Paperwork Reduction Act [44 U.S.C. 3501 et 
    seq.].
    
    Federalism
    
        The Coast Guard has analyzed this interim rule under the principles 
    and criteria contained in Executive Order 12612 and has determined that 
    the rule does not have sufficient implications for federalism to 
    warrant the preparation of a Federalism Assessment.
    
    Environment
    
        The Coast Guard has considered the environmental impact of this 
    interim rule and concluded that, under Sec. 2.B.2 of Commandant 
    Instruction M16475.1B, this rule is categorically excluded from further 
    environmental documentation. The rule is an administrative matter 
    within the meaning of sub-Sec. 2.B.2.1. of Commandant Instruction 
    M16475.1B that clearly has no environmental impact. A Determination of 
    Categorical Exclusion 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 amends 46 
    CFR parts 10 and 15 as follows:
    
    PART 10--LICENSING OF MARITIME PERSONNEL
    
        1. The citation of authority for part 10 continues to read as 
    follows:
    
        Authority: 14 U.S.C. 633, 31 U.S.C. 9701, 46 U.S.C. 2103, 7701; 
    49 CFR 1.45, 1.46; Sec. 10.107 also issued under the authority of 44 
    U.S.C. 3507.
    
        2. Section 10.305 is revised to read as follows:
    
    
    Sec. 10.305  Radar-observer certificates and qualifying courses.
    
        (a) A student who takes an approved course of training, which 
    includes passing both a radar-theory examination and a practical 
    demonstration on a simulator, and who meets the requirements of this 
    section is entitled to an appropriate radar-observer certificate--
        (1) In a form prescribed by the school and acceptable to the Coast 
    Guard; and
        (2) Signed by the head of the school.
        (b) The following radar-observer certificates are issued under this 
    section:
        (1) Radar Observer (Unlimited).
        (2) Radar Observer (Inland Waters).
        (3) Radar Observer (Rivers).
        (4) Radar Observer (Unlimited Renewal).
        (5) Radar Observer (Inland Waters Renewal).
        (6) Radar Observer (Rivers Renewal).
        (c) A school with an approved radar-observer course may issue a 
    certificate listed in paragraph (b) of this section after the student 
    has successfully completed the appropriate curriculum as follows:
        (1) Radar Observer (Unlimited). Classroom instruction--including 
    demonstration and practical exercises using simulators--and 
    examination, in the following subjects:
        (i) Fundamentals of radar:
        (A) How radar works.
        (B) Factors affecting the performance and accuracy of marine radar.
        (C) Purposes and functions of the main components that constitute a 
    typical marine radar system.
        (ii) Operation and use of radar:
        (A) Purpose and adjustment of controls.
        (B) Detection of malfunctions, false and indirect echoes, and other 
    radar phenomena.
        (C) Effects of sea return and weather.
        (D) Limitations of radar resulting from design factors.
        (E) Precautions to observe in performing maintenance of radar 
    equipment.
        (F) Measurement of ranges and bearings.
        (G) Effect of size, shape, composition, and distance of vessels and 
    terrestrial targets on echo.
        (iii) Interpretation and analysis of radar information:
        (A) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (B) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (C) Determining the course and speed of another vessel.
        (D) Determining the time and distance of closest point of approach 
    of a crossing, meeting, overtaking, or overtaken vessel.
        (E) Detecting changes of course and/or speed of another vessel 
    after its initial course and speed have been established.
        (F) Factors to consider when determining changes of course and/or 
    speed of a vessel to, on the basis of radar observation, prevent 
    collisions with other vessels.
        (iv) Plotting (by any graphically-correct method):
        (A) Principles and methods of plotting relative and true motion.
        (B) Practical-plotting problems.
        (2) Radar Observer (Inland Waters). Classroom instruction--with 
    emphasis on situations and problems encountered on inland waters, 
    including demonstration and practical exercises using simulators--and 
    examination, in the following subjects:
        (i) Fundamentals of radar:
        (A) How radar works.
        (B) Factors affecting the performance and accuracy of marine radar.
        (C) Purpose and functions of the main components that constitute a 
    typical marine radar system.
        (ii) Operation and use of radar:
        (A) Purpose and adjustment of controls.
        (B) Detection of malfunctions, false and indirect echoes, and other 
    radar phenomena.
        (C) Effects of sea return and weather.
        (D) Limitations of radar resulting from design factors.
        (E) Precautions to observe in performing maintenance of radar 
    equipment.
        (F) Measurement of ranges and bearings.
        (G) Effect of size, shape, composition, and distance of vessels and 
    terrestrial targets on echo.
        (iii) Interpretation and analysis of radar information:
        (A) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (B) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (C) Determining the course and speed of another vessel.
        (D) Determining the time and distance of closest point of approach 
    of a crossing, meeting, overtaking, or overtaken vessel.
        (E) Detecting changes of course and/or speed of another vessel 
    after its initial course and speed have been established.
        (F) Factors to consider when determining changes of course and/or 
    speed of a vessel to, on the basis of radar observation, prevent 
    collisions with other vessels.
        (3) Radar Observer (Rivers). Classroom instruction--with emphasis 
    on situations and problems encountered on rivers including 
    demonstration and practical exercises using simulators--and 
    examination, in the following subjects:
        (i) Fundamentals of radar:
        (A) How radar works.
        (B) Factors affecting the performance and accuracy of marine radar.
        (C) Purpose and functions of the main components that constitute a 
    typical marine radar system.
        (ii) Operation and use of radar:
        (A) Purpose and adjustment of controls.
        (B) Detection of malfunctions, false and indirect echoes, and other 
    radar phenomena.
        (C) Effects of sea return and weather.
        (D) Limitations of radar resulting from design factors.
        (E) Precautions to observe in preforming maintenance of radar 
    equipment.
        (F) Measurement of ranges and bearings.
        (G) Effect of size, shape, composition, and distance of vessels and 
    terrestrial targets on echo.
        (iii) Interpretation and analysis of radar information:
        (A) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (B) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (C) Factors to consider when determining changes of course and/or 
    speed of a vessel to, on the basis of radar observation, prevent 
    collisions with other vessels.
        (4) Radar Observer (Unlimited Renewal). Classroom Instruction)--
    including demonstration and practical exercises using simulators--and 
    examination, in the following subjects:
        (i) Interpretation and analysis of radar information:
        (A) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (B) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (C) Determining the course and speed of another vessel.
        (D) Determining the time and distance of closest point of approach 
    of a crossing, meeting, overtaking , or overtaken vessel.
        (E) Detecting changes of course and/or speed of another vessel 
    after its initial course and speed have been established.
        (F) Factors to consider when determining changes of course and/or 
    speed of a vessel to, on the basis of radar observation, prevent 
    collisions with other vessels.
        (ii) Plotting (by any method that is graphically correct):
        (A) The principles and methods of plotting relative and true 
    motion.
        (B) Practical-plotting problems.
        (5) Radar Observer (Inland Waters Renewal). Classroom instruction--
    including demonstration and practical exercises using simulators--and 
    examination, in the interpretation and analysis of radar information, 
    including:
        (i) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (ii) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (iii) Determining the course and speed of another vessel.
        (iv) Determining the time and distance of closest point of approach 
    of a crossing, meeting, overtaking, or overtaken vessel.
        (v) Detecting changes of course and/or speed of another vessel 
    after its initial course and speed have been established.
        (vi) Factors to consider when determining changes of course and/or 
    speed of a vessel to, on the basis of radar observation, prevent 
    collisions with other vessels.
        (6) Radar Observer (Rivers Renewal). Classroom instruction--
    including demonstration and practical exercises using simulators--and 
    examination, in the interpretation and analysis of radar information, 
    including:
        (i) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (ii) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (iii) Factors to consider when determining changes of course and/or 
    speed of vessel to, on the basis of radar observation, prevent 
    collisons with other vessels.
        3. New Sec. 10.306 is added to read as follows:
    
    
    Sec. 10.306  Radar-Operation certificate and course.
    
        (a) A certificate of training from a Radar-Operation course may, as 
    provided by 46 CFR 15.815(c)(2), suffice instead of a radar-observer 
    endorsement. It is valid until the holder's license is renewed or 
    upgraded, or expires, whichever occurs first.
        (b) Each Radar-Operation course must contain at least four hours of 
    instruction on the following subjects:
        (1) Fundamentals of radar:
        (i) How radar works.
        (ii) Factors affecting the performance and accuracy of marine 
    radar.
        (iii) Purpose and functions of the main components that constitute 
    a typical marine radar system.
        (2) Operation and use of radar:
        (i) Purpose and adjustment of controls.
        (ii) Detection of malfunctions, false and indirect echoes, and 
    other radar phenomena.
        (iii) Effects of sea return and weather.
        (iv) Limitations of radar resulting from design factors.
        (v) Precautions to observe in performing maintenance of radar 
    equipment.
        (vi) Measurement of ranges and bearings.
        (vii) Effect of size, shape, composition, and distance of vessels 
    and terrestrial targets on echo.
        (3) Interpretation and analysis of radar information:
        (i) Radar navigation--determining the position and direction of 
    movements of a vessel.
        (ii) Collision-avoidance, including visual techniques, appropriate 
    to the circumstances and the equipment in use.
        (iii) Factors to consider when determining changes of course and/or 
    speed of a vessel to, on the basis of radar observation, prevent 
    collisions with other vessels.
        (c) Each Radar-Operation course must be conducted by an individual 
    who possesses the knowledge and skills taught in the course, with at 
    least one year of experience in their practical application, except 
    that--
        (1) A marine instructor or company official may substitute a 
    currently valid certificate from an approved Radar-Observer (Unlimited 
    or Inland Waters) course for the one year of experience; and
        (2) An instructor of any approved radar-observer course may teach a 
    Radar-Operation course without further seagoing experience.
        (d) A holder of the Radar-Operation certificate seeking a radar-
    observer endorsement is considered an applicant for an original 
    endorsement rather than an applicant for renewal of the endorsement.
        4. Section 10.480 is revised to read as follows:
    
    
    Sec. 10.480  Radar observer.
    
        (a) This section contains the requirements that an applicant must 
    meet to qualify as a radar observer. (Part 15 of this chapter specifies 
    who must qualify as a radar observer.)
        (b) If an applicant meets the requirements of this section, one of 
    the following radar-observer endorsements will be added to his or her 
    deck officer's license:
        (1) Radar Observer (Rivers).
        (2) Radar Observer (Inland Waters).
        (3) Radar Observer (Unlimited).
        (c) Endorsement as Radar Observer (Rivers) is valid only on any 
    river, canal, or similar body of water designated by the Officer in 
    Charge, Marine Inspection. Endorsement as Radar Observer (Inland 
    Waters) is valid only for those waters covered by the Inland 
    Navigational Rules other than the Great Lakes. Endorsement as Radar 
    Observer (Unlimited) is valid on all waters.
        (d) Except as provided by paragraphs (e) and (f) of this section, 
    each applicant for a radar-observer endorsement or for renewal of an 
    endorsement must complete the appropriate course approved by the Coast 
    Guard, receive the appropriate certificate of training, and present the 
    certificate to the Officer in Charge, Marine Inspection.
        (e) An applicant who possesses a radar-observer endorsement, 
    resides in a remote geographic area, and can substantiate to the 
    satisfaction of the Officer in Charge, Marine Inspection, that the 
    applicant's absence would disrupt normal movement of commerce, or that 
    the applicant cannot attend an approved radar-observer renewal course, 
    any have his or her endorsement renewed upon successful completion of 
    an examination administered by the Coast Guard.
        (f) An endorsement as radar observer issued under this section is 
    valid for five years after the month of issuance of the certificate of 
    training from a course approved by the Coast Guard. The endorsement is 
    not terminated by the issuance of a new license during these five 
    years.
        (g) The month and year of the expiration of the radar-observer 
    endorsement are printed on the license.
        (h) A radar-observer endorsement may be renewed at any time.
        (i) An applicant for renewal of a license that does not need a 
    radar-observer endorsement may renew the license without meeting the 
    requirements for a radar-observer endorsement.
        (j) An applicant seeking to raise the grade of a license or 
    increase its scope, where the increased grade or scope requires a 
    radar-observer certificate, may use an expired radar-observer 
    certificate to fulfill that requirement.
    
    PART 15--MANNING REQUIREMENTS
    
        5. The citation of authority for part 15 continues to read as 
    follows:
    
        Authority: 46 U.S.C. 2103, 3703, 8502; 49 CFR 1.45, 1.46.
    
        6. In Sec. 15.815, new paragraph (c) is added:
    
    
    Sec. 15.815  Radar observers.
    
    * * * * *
        (c) On or after February 15, 1995, each person having to be 
    licensed under 46 U.S.C. 8904(a) for employment or service as master, 
    mate, or operator on board an uninspected towing vessel of 8 meters 
    (approximately 26 feet) or more in length shall, if the vessel is 
    equipped with radar, hold--
        (1) A valid endorsement as radar observer; or,
        (2) If the person holds a valid license dated before February 15, 
    1995, a valid certificate from a Radar-Operation course.
    J.C. Card,
    Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
    Security and Environmental Protection.
    [FR Doc. 94-26506 Filed 10-25-94; 8:45 am]
    BILLING CODE 4910-14-M
    
    
    

Document Information

Effective Date:
11/25/1994
Published:
10/26/1994
Department:
Coast Guard
Entry Type:
Uncategorized Document
Action:
Interim rule with request for comments.
Document Number:
94-26506
Dates:
Effective Date: This rule is effective on November 25, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 26, 1994, CGD 94-041
RINs:
2115-AE92: Radar-Observer Endorsement for Operators of Uninspected Towing Vessels (CGD 94-041)
RIN Links:
https://www.federalregister.gov/regulations/2115-AE92/radar-observer-endorsement-for-operators-of-uninspected-towing-vessels-cgd-94-041-
CFR: (1)
49 CFR 15.815