Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules 37507

1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301

et seq., 1331 et seq., 1801 et seq.

§ 206.174 [Amended]

2. In § 206.174, remove paragraph (1).

[FR Doc. 00–15201 Filed 6–14–00; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 405

[HCFA–3432–N3]

RIN 0938–AJ31

Medicare Program; Criteria for Making

Coverage Decisions; Extension of

Comment Period

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Notice of extension of comment

period for notice of intent to publish a

proposed rule.

SUMMARY: This document extends the

comment period for the notice of intent

published in the Federal Register on

May 16, 2000, (65 FR 31124). In that

document we announced our intention

to publish a proposed rule and solicited

advance public comments on the

criteria we would use to make certain

national coverage decisions and the

criteria our contractors would use to

make local coverage decisions.

DATES: The comment period is extended

to 5 p.m. on July 17, 2000.

ADDRESSES: Mail written comments (one

original and three copies) to the

following address ONLY: Health Care

Financing Administration, Department

of Health and Human Services,

Attention: HCFA–3432–NOI, P.O. Box

8016, Baltimore, MD 21244–8016.

If you prefer, you may deliver, by

courier, your written comments (one

original and three copies) to one of the

following addresses:

Room 443–G, Hubert H. Humphrey

Building, 200 Independence Avenue,

SW., Washington, DC 20201, or

C5–14–03, Central Building, 7500

Security Boulevard, Baltimore, MD

21244–1850.

Comments mailed to those addresses

may be delayed and received too late for

us to consider them.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

HCFA–3432–NOI. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 443–G of the Department’s

offices at 200 Independence Avenue,

SW., Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m. (Phone: (202) 690–7890).

FOR FURTHER INFORMATION CONTACT:

Susan Gleeson, (410) 786–0542.

SUPPLEMENTARY INFORMATION: On May

16, 2000, we issued a notice of intent to

publish a proposed rule in the Federal

Register (65 FR 31124). The comment

period would close on June 15, 2000.

Because of the scope of the notice of

intent, several organizations that would

be affected by the policies requested

more time to analyze the potential

consequences of the notice of intent.

Therefore, we are extending the public

comment period until July 17, 2000. We

will also hold a Town Hall Meeting to

facilitate public discussion. We will

publish a Federal Register notice

announcing the meeting specifics when

available. This information will also be

available on our web page @

www.hcfa.gov/quality.

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395hh).

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: June 2, 2000.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Approved: June 12, 2000.

Donna E. Shalala,

Secretary.

[FR Doc. 00–15198 Filed 6–14–00; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, and 15

[USCG 1999–5610]

RIN 2115–AF83

Training and Certification for Mariners

Serving on Certain Ships Carrying

More Than 12 Passengers on

International Voyages

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish requirements of training and

certification for mariners serving on

ships—other than roll-on/roll-off (RoRo) ships, covered by another rule—

carrying more than 12 passengers on

international voyages. (These

requirements would not apply to any

passenger ships on domestic voyages.)

Regulation V/3 of the International

Convention for Standards of Training,

Certification and Watchkeeping for

Seafarers, 1978 (STCW), as amended in

1997, mandated that its Parties ensure

this training and certification. This rule

would reduce human error, improve the

ability of crewmembers to assist

passengers during emergencies, and

promote safety.

DATES: Comments and related material

must reach the Facility of the Docket

Management System, or DMS (see

ADDRESSES), on or before September 13,

2000. Comments sent to the Office of

Management and Budget (OMB) (see

ADDRESSES), on collection of

information must reach OMB on or

before August 14, 2000.

ADDRESSES: You may submit your

comments and related material by any

one, but only one, of the following

methods:

(1) By mail to the DMS [USCG 1999–

5610], U.S. Department of

Transportation (DOT), room PL–401,

400 Seventh Street SW., Washington,

DC 20590–0001.

(2) In person to the DMS at room PL–

401 on the Plaza level of the Nassif

Building, 400 Seventh Street SW.,

Washington, DC, between 9 a.m. and 5

p.m., Monday through Friday, except

Federal holidays. The telephone number

is 202–366–9329.

(3) By fax to the DMS at 202–493–

2251.

(4) Electronically through the Web

Site for the DMS at http://dms.dot.gov.

If you submit comments on collection

of information to the docket, you must

also submit them to the Office of

Information and Regulatory Affairs,

OMB, 725 17th Street NW., Washington,

DC 20503, ATTN: Desk Officer, U.S.

Coast Guard.

The DMS maintains the public docket

for this rulemaking. Comments and

material received from the public, as

well as documents mentioned in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at room PL–401 on the Plaza

level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also find this docket on the

Internet at http://dms.dot.gov.

You may inspect the material

proposed for incorporation by reference

at room 1210, U.S. Coast Guard

37508 Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules

Headquarters, 2100 Second Street SW.,

Washington, DC 20593–0001, between 9

a.m. and 2:30 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 202–267–0229.

Copies of the material are available as

indicated in the section of this preamble

entitled Incorporation by Reference.

FOR FURTHER INFORMATION CONTACT: For

questions about this proposed rule, call

Mark Gould, Project Manager,

Commandant (G–MSO–1), Coast Guard,

telephone 202–267–0229. For questions

on viewing or submitting material to the

docket, call Dorothy Beard, Chief of

Dockets, Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to

participate in this rulemaking by

submitting comments and related

material. If you do so, please include

your name and address, identify the

docket number for this rulemaking

[USCG 1999–5610], indicate the specific

section of this document to which each

comment applies, and give the reason

for each comment. You may submit

your comments and material by mail, in

person, by fax, or by electronic means

to the DMS at the address under

ADDRESSES; but please submit them by

only one means. If you submit them by

mail or in person, submit them in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they

reached the DMS, please enclose a

stamped, self-addressed postcard or

envelope.

We will consider all comments and

material received during the comment

period. We may change this proposed

rule in view of them.

Public Meeting

We do not plan to hold a public

meeting. But you may ask for one by

submitting a request to the DMS at the

address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would be, we will

hold one at a time and place announced

by a later notice in the Federal Register.

Background and Purpose

The International Maritime

Organization (IMO), in Regulation V/3

of STCW, as amended, set qualifications

for masters, other officers, ratings and

other personnel on passenger ships

other than Ro-Ro passenger ships. The

following is a chronology of important

events regarding STCW:

• The basic treaty was adopted in

1978 by a conference at the

headquarters of IMO.

• It entered into force in 1984.

• The United States became a Party to

it in 1991.

• The basic treaty was amended in

1995 and 1997.

• Its Regulation V/3 was adopted in

1997 and entered into force on January

1, 1999.

STCW encompasses three

interdependent components: the

Articles, the Annex (replaced with

Regulations by the 1995 Amendments),

and the Code (added by the 1995

Amendments). The Articles, which are

the heart of STCW, state the legal

arrangements that prevail among the

Parties. The Annex outlined—and the

Regulations outline—the technical

requirements that a Party must meet to

satisfy the obligations imposed by the

Articles. The Code elaborates the

requirements.

When adopted in 1978, STCW

encompassed only two components: the

Articles and the Annex. The 1995

Amendments, however, not only

replaced the Annex with Regulations

but added the Code (in full, the

‘‘Seafarers’’ Training and Certification

Code’’). Each chapter of the Annex (as

replaced with Regulations by the

Amendments) contains a number of

Regulations. These refer to the Code for

more detail: to understand what a

particular Regulation requires, you must

read the relevant section of the Code.

The Code contains two parts; each

part in turn contains standards. Part A

contains mandatory standards. Each

section in part A amplifies the

Regulation with the same number, and

the standards bind as if included in the

Regulation itself. Part B of the Code

contains ‘‘Recommended Guidance’’.

The guidance in part B clarifies a

Regulation or promotes a uniform

interpretation of one.

STCW as amended has been ratified

by 133 Parties (at the time of this

publication), who represent almost 98

percent of the world’s merchantshipping tonnage. Over 90 percent of

merchant ships plying U.S. waters are

foreign-flag. About 350 U.S.-flag

merchant ships that routinely visit

foreign ports, as well as thousands of

ships that operate on ocean or nearcoastal voyages, are subject to the

STCW, as amended.

The purpose of this proposed rule is

to incorporate, into domestic rules, the

training and certification that the

STCW, as amended, mandates

internationally. This rule would amend

requirements for the training and

certification of certain crewmembers on

ships, other than Ro-Ro’s, carrying more

than 12 passengers on international

voyages. It would have no impact on the

applicability or content of the final rule

in 46 CFR part 10, subpart J, part 12,

subpart 12.30, and part 15, subpart J [62

FR 34505 (26 June 1997)], which dealt

with certain crewmembers on Ro-Ro

ships carrying more than 12 passengers

on such voyages. It would merely

establish appropriate training and

documentation for certain crewmembers

on all other ships carrying more than 12

passengers on such voyages.

STCW Regulation V/3 applies to

passenger ships (‘‘vessels’’ under most

domestic law) on international voyages.

It also expressly obligates

Administrations to determine the

applicability of its requirements to

personnel serving on ships engaged on

domestic voyages. The Coast Guard has

determined that neither the operational

requirements nor the casualty records

suggest any need to impose those

requirements either on small passenger

ships on domestic voyages or on

uninspected passenger ships on such

voyages. Current domestic law and

industry practices are adequate for these

ships and voyages. Therefore, this

Notice proposes no new requirements

for either of these classes of ships when

operating on domestic voyages, nor on

personnel serving on these ships, nor on

their owners or operators.

The Coast Guard seeks comments on

whether these proposed requirements

should apply to any U.S.-flag passenger

ships inspected under 46 CFR

Subchapter H and operating on

domestic voyages. To comment on this

issue or any other in this proposed rule,

you should use one of the means noted

under ADDRESSES.

In 1993, IMO started a comprehensive

revision of the basic treaty to establish

the highest practicable standards of

competence for mariners and to reduce

human error as a main cause of marine

casualties. In 1995, its conference on the

basic STCW treaty adopted amendments

found in Regulation V/2. These

established new, minimal standards for

the training and qualification of certain

crewmembers on Ro-Ro ships carrying

more than 12 passengers on

international voyages. These

amendments entered into force on

February 1, 1997. The same conference

invited the IMO to—

(a) Develop detailed provisions on the

training of certain crewmembers, on RoRo passenger ships carrying more than

12 passengers on international voyages,

in crisis management and human

behavior; and

(b) Consider developing provisions

similar to those in Regulation V/2—but,

Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules 37509

rather than for certain crewmembers of

Ro-Ro passenger ships, these would be

for the training of certain crewmembers

serving on ships, other than Ro-Ro’s,

carrying more than 12 passengers on

international voyages.

In 1996, the Sub-committee of IMO on

Standards of Training and

Watchkeeping (STW) accepted this

invitation. It proposed two provisions:

(a) Mandatory training in crisis

management and human behavior for

certain crewmembers on Ro-Ro

passenger ships carrying more than 12

passengers on international voyages.

(b) Establishing new, minimal

standards for the training and

qualification of certain crewmembers on

ships, other than Ro-Ro’s, carrying more

than 12 passengers on such voyages,

with the Ro-Ro standards from

Regulation V/2 as a guide.

On June 4, 1997, the IMO Maritime

Safety Committee (MSC) adopted these

two provisions as Regulation V/2–8 and

Regulation V/3. Both entered into force

on January 1, 1999.

To align domestic rules and practice

with the new international standards,

we published the final rule in 46 CFR

part 10, subpart J, part 12, subpart 12.30,

and part 15, subpart J [62 FR 34505 (26

June 1997)]. In 1998, to help mariners

implement the new rules we published,

in Navigation and Vessel Inspection

Circular (NVIC) 6–98, guidelines on

training and documentation for

crewmembers of Ro-Ro ships carrying

more than 12 passengers on

international voyages.

Discussion of Proposed Rule

46 CFR Part 10—Licensing of Maritime

Personnel

1. Section 10.102 would incorporate

by reference STCW (including its

Regulation V/3, adopted in 1997, and

the corresponding Code) into the rules

in Part 10 and adjust the list of rules that

refer to STCW, as amended.

2. Section 10.103 would amend the

definition of STCW to add the words

‘‘and 1997’’.

3. New §§ 10.1101, 10.1103, and

10.1105 would require certain licensed

officers to complete training required by

STCW Regulation V/3 (and elaborated

by Section A–V/3 of the Code) when

serving on ships other than Ro-Ro’s

carrying more than 12 passengers on

international voyages.

46 CFR Part 12—Certification of

Seamen

4. Section 12.01–3 would incorporate

by reference STCW (including its

Regulation V/3, adopted in 1997, and

the corresponding Code) into the rules

in Part 12 and adjust the list of rules that

refer to STCW, as amended.

5. Section § 12.01–6 would amend the

definition of STCW to add the words

‘‘and 1997’’.

6. New subpart 12.35 would require

certain mariners to complete training

required by Regulation V/3 (and

elaborated by section A–V/3 of the

Code) when serving on ships other than

Ro-Ro’s carrying more than 12

passengers on international voyages.

46 CFR Part 15—Manning

7. Paragraphs (e), (f), and (g) of

§ 15.1103 would become paragraphs (f),

(g), and (h), respectively; paragraph (f)

would undergo no change; and

paragraphs (g) and (h) would undergo a

slight editorial change.

8. New paragraph 15.1103(e) would

govern ships other than Ro-Ro’s carrying

more than 12 passengers on

international voyages.

Incorporation by Reference

Material that would be incorporated

by reference is listed in 46 CFR 10.102

and 12.01–3. You may inspect all

material at the Office of the Federal

Register, 800 North Capitol Street NW.,

Suite 700, Washington, DC, 20408, and

at the U.S. Coast Guard, Office of

Operating and Environmental Standards

(G–MSO), 2100 Second Street SW.,

Washington, DC 20593–0001. You may

obtain copies from the IMO, 4 Albert

Embankment, London, SE1 7SR,

England. Before publishing a binding

rule, we will submit this material to the

Director of the Federal Register for

approval of the incorporation by

reference.

Regulatory Evaluation

This proposed rule 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. OMB has

not reviewed it under that Order. It is

not ‘‘significant’’ under the regulatory

policies and procedures of the DOT [44

FR 11040 (February 26, 1979)].

A draft Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT follows:

The Coast Guard proposes this rule to

implement Regulation V/3 of STCW, as

amended in 1997. The rule would

specify the necessary training and

certification for mariners serving on

ships—other than roll-on/roll-off (RoRo) ships—carrying more than 12

passengers on international voyages (RoRo ships are covered by the Interim Rule

on STCW [CGD 95–062, June 26, 1997]).

The IMO mandated that its Parties

ensure this training and certification.

These requirements should reduce

human error, improve the ability of

crewmembers to assist passengers

during emergencies, and promote safety.

Costs

The specialized training course(s) that

mariners would have to complete are:

Crisis Management and Human

Behavior, Crowd Management, Special

Safety Training (including

communication), Training in

Passengers’ Safety, and Special

Familiarization Training (including the

operational limitations of the ship). The

average cost for the course(s), held for

5 days at various training institutions, is

$1,215 per person. We estimate that the

cost to develop an in-house training

course would not exceed the probable

cost of a course at a training institution.

Either operators of vessels or companies

may develop a more cost-effective way

to provide in-house training (for less

than the cost we estimated). We

calculate first-year training cost for

1,144 mariners to be $1,389,960. Union

contracts may require some companies

to pay for training new hires. We

estimate the annual training cost paid

by the companies for the new hires to

be $20,655 beginning in 2001 and

running through 2010. We estimate the

annual training cost paid by the new

hires themselves after the

implementation year to be $117,855. A

mariner would have to complete

refresher training for Crisis Management

and Human Behavior, Crowd

Management, and Special Safety every

five years. It is available as a two-day

course at an estimated cost of $330. We

estimate the first-year travel cost

incurred by all mariners that receive

training away from the vessel at

$406,850. We estimate the annual travel

cost for the new hires to be $45,030. We

estimate that about one-half of the

existing staff of mariners receiving

training away from their vessel would

continue to receive their wages while

attending courses, as a result of their

union membership. We calculate the

one-time wage cost to be $370,310. We

estimate the annual recurring wage cost

associated with the refresher training to

be $183,034. We estimate the one-time

cost incurred by the remaining number

(one-half) of existing staff of mariners

that don’t receive wages while attending

initial training courses to be $370,310;

this is the ‘‘opportunity cost’’ of the

mariners’ spare time.

In summary, the 10-year present value

(in 2000 dollars) of the total cost of this

rulemaking is $4,345,794. To learn

further details concerning the costs

associated with this rule, as well as the

37510 Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules

potential benefits, see the analysis

provided in the docket for this rule on

the Internet at http://dms.dot.gov.

Benefits

Implementing this proposed rule

would ensure that U.S. ships carrying

more than 12 passengers on

international routes are in compliance

with the Amendments to the

International Convention on STCW,

1978. IMO adopted the Amendments to

STCW in response to a series of

casualties involving passenger ships,

such as the Scandinavian Star, Estonia,

and Achille Lauro. During these

casualties, the crews did not perform

emergency duties in an efficient,

coordinated, and effective manner. We

reviewed the casualty records for the

U.S. ships this rule would affect and

found no cases that would have directly

benefited from this rule. However, the

following narratives briefly describe two

of those foreign-flag ships’ casualties, to

show the types of risks this rule would

address.

On March 15, 1988, a fire occurred in

the engine room of the Scandinavian

Star. Two crewmembers were injured,

and two passengers were transported to

a medical facility by helicopter, treated,

and released. Costs of damage and

repair came to about $3.5M. According

to an excerpt from the marine-accident

report of the National Transportation

Safety Board, one of the passengers

stated that one of the crewmembers did

not know how to pull the fire alarm; the

passengers waited from 45 minutes to 2

hours to receive lifejackets, and then

were given childsize lifejackets.

On November 30, 1994, a fire onboard

the Achille Lauro proved more costly; it

left two persons dead, and 8 injured.

Afterward, many of the survivors

complained of confusion and a lack of

leadership by the crew when the fire

broke out. They accused some

crewmembers of abandoning elderly

passengers to save themselves.

While the requirement for all

crewmembers to have familiarization or

basic safety training or instruction

figured in the 1995 amendments to

STCW, the amendments did not

adequately address the need for special

training of personnel on passenger

ships. Further work was necessary at the

IMO to reach agreement on the

mandatory minimum training and

qualifications for these personnel.

Implementing this proposed rule

should reduce the risk that passengers

will be injured in a fire or other

emergency on a passenger ship, because

crewmembers would be trained to

coordinate a rapid response and to keep

passengers from panicking. Recent

accidents involving passenger ships—

such as the fire on the Universe

Explorer (July ’96) near Juneau, Alaska;

the fire on the Vistafjord (April ’97) near

Grand Bahama Island; the grounding of

the Monarch of the Seas (December ’98)

off St. Maarten; and the grounding of the

Wilderness Adventurer (June ’99) in

Alaskan waters—highlight the

continued need for this rule.

Small Entities

Under the Regulatory Flexibility Act

[5 U.S.C. 601–612], we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

not-for-profit organizations that are

independently owned and operated and

are not dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

This proposed rule would affect

certain crewmembers on ships carrying

more than 12 passengers on

international voyages. These individual

mariners are not considered small

entities.

This rule would not require

companies to bear the cost of the

training. However, we estimate that the

companies would choose to bear the

majority of the costs.

During the analysis for the interim

rule implementing 1995 Amendments to

STCW, we considered the impact on

businesses, organizations, and

jurisdictions defined as small entities

and potentially affected by STCW.

Small entities here include owners and

operators of some STCW–affected ships,

training institutions, and businesses

offering marine training courses or

supplying assessors or examiners. As

that interim rule does not, this rule

would not require any single business to

offer or assess all courses required

under STCW. Training institutions or

businesses that offered training-course

assessors would not have to provide

new services. This rule would allow for

small entities to remain in and actively

compete in maritime training with

options to teach and assess as many

courses or functions as they choose.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposed

rule would not have a significant impact

on a substantial number of small

entities.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 [Pub. L. 104–121],

we want to assist small entities in

understanding this proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

If the rule would affect your small

business, organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please consult Mr. Mark

Gould, project manager, at (202) 267–

6890. Small businesses may send

comments on the actions of Federal

employees who enforce, or otherwise

determine compliance with, Federal

rules, to the Small Business and

Agriculture Regulatory Enforcement

Ombudsman and to the Regional Small

Business Regulatory Fairness Boards.

The Ombudsman evaluates these

actions annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This proposed rule provides for a

collection of information under the

Paperwork Reduction Act of 1995 [44

U.S.C. 3501–3520]. As defined in 5 CFR

1320.3(c), ‘‘collection of information’’

comprises reporting, recordkeeping,

monitoring, posting, labeling, and other

similar actions. The title and

description of the information

collections, a description of the

respondents, and an estimate of the total

annual burden follow. The estimate

covers the time for the following

requirements of the proposed rule:

documentation of curriculum for

training courses that need to receive

Coast Guard approval or acceptance;

documentary evidence showing that

mariners meet the appropriate training

standards; and maintenance of mariners’

records by ship owners or operators.

Each estimated burden in this analysis

pertains only to the requirements

proposed by this rule; we do not

incorporate the estimates or burdens

noted in previous rulemakings to

support the existing collection under

control number ‘‘OMB 2115–0624.’’

Title: Standards of Training,

Certification and Watchkeeping for

Seafarers (STCW), 1997 Amendments

(OMB 2115–0624)

Summary of the Collection of

Information

STCW Regulation V/3 requires

seafarers serving on ships (other than

Ro–Ro’s) carrying more than 12

passengers on international voyages to

complete specialized training as

adopted by IMO in 1997. These changes

revise the previously approved OMB

Collection 2115–0624. This collection of

information would be affected by

changes in the following sections: 46

CFR 10.1105, 12.35–5, and 15.1103.

Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules 37511

Table 1 notes the particular subjects and

affected populations for these sections

of the proposed rule and the related

Navigation and Vessel Inspection

Circular (NVIC).

TABLE 1.—STCW AMENDMENTS,

1997: 46 CFR OR NVIC CITED, AND

SUBJECT AND AFFECTED POPULATION

46 CFR or

NVIC

Subject and affected

population

NVIC 4–99

(4)(c).

Documentation of training

courses

—Providers of Training and

Assessment

10.1105 and

12.35–5.

Documentary evidence

showing that the personnel serving on passenger ships (other than

Ro–Ro’s) on international

voyages meet appropriate

training

—All personnel serving on

passenger ships (other

than Ro–Ro’s)

15.1103 .......... Maintenance of records, by

owner or operator, for the

personnel serving on passenger ships (other than

Ro–Ro’s) on international

voyages

—All owners and operators

of passenger ships (other

than Ro–Ro’s) operating

on international voyages

Need for Information

This proposed rule contains burdens

for the mariners serving on passenger

ships (other than Ro–Ro’s), the ships’

owners and operators, and the maritime

institutions that offer the new training

courses.

1. Documentation of curriculum for

training courses. All training would be

part of a program certified as approved

or accepted by the Coast Guard.

2. Documentary evidence showing

that mariners meet the appropriate

training standards. STCW Regulation

V3.9 requires that: Each mariner who

completes the required training receives

a certificate. Every five years, each

mariner would document completion of

a refresher course in his or her record,

and it would show that the mariner has

received such training, or has otherwise

maintained competence in the required

areas of knowledge and proficiency. He

or she needs to give the copy of the

training certificate to the Coast Guard

for filing it in an accessible place, so the

Coast Guard can verify the mariner’s

records for the duration of his or her

employment. The burden imposed by

documenting the refresher training does

not figure in this estimate, because

mariners would account for it starting in

the year 2005, when these courses

would need to start convening.

3. Maintenance of mariners’ records

by vessel owners or operators. A ship

company would have to maintain a

record for each mariner in its service for

the duration of the mariner’s

employment.

Proposed Use of Information

This information is necessary to

ensure compliance with the

requirements of Regulation V/3 of

STCW as amended in 1997. It is also

necessary to maintain a certain level of

quality in activities associated with

training and assessment of mariners

serving on ships, other than Ro–Ro’s,

carrying more than 12 passengers on

international voyages.

Description of Respondents

1. Training institutions that offer the

courses required for mariners serving on

ships, other than Ro–Ro’s, carrying more

than 12 passengers on international

voyages.

2. Mariners who complete the

required training and receive

certificates.

3. Owners and operators of ships who

have to add the new training certificates

to the mariners’ records.

Number of Respondents

1. 77 training institutions.

2. 1,144 mariners, who would each

obtain a training certificate in the first

year. In every subsequent year, from

2001 to 2010, about 10 percent (114

mariners) would be replaced with new

hires, who would need training.

3. 89 owners and operators of vessels.

Frequency of Response

1. Once during the first year, the Coast

Guard would approve or accept an

initial submission of the updated

paperwork of training.

2. Once during the first year, each

mariner would file the training

certificate in an easily accessible

location. Annually, from 2001 to 2010,

the new hires, who would have received

training, would file the certificate in

such a location, so the Coast Guard

could verify the mariner’s records for

the duration of the his or her

employment. Also, at first, the owners

and operators of vessels would have to

initially add the new training

certificates of the existing staff of

mariners that received training to the

mariners’ previous records. Annually,

from 2001 to 2010, the owners and

operators would have to add the

certificates of the new hires to these

mariners’ previous records.

Burden of Response

a. Initial burden (in hours):

1. Documentation of training courses.

We estimate that each training

institution would take one hour to

provide the Coast Guard with updated

paperwork of training approved or

accepted by the Coast Guard and offered

to the mariners. Consequently, the

associated burden for all of the affected

training institutions is: 1 hour

(management time) × 77 = 77 hours.

2. Documentary evidence that shows

that mariners meet the appropriate

training standards. We estimate that it

takes 5 minutes for the mariner to file

this certificate in an easily accessible

location. The initial burden placed on

mariners is: 0.083 hours × 1,144 = 95

hours.

3. Maintenance of mariners’ records

by owners or operators of vessels. We

estimate that it takes 10 minutes to file

each mariner’s record in a place

accessible to the Coast Guard.

The initial burden placed on the

owners and operators is:

0.166 hours × 1,144 mariners = 190

hours

The total initial burden therefore is:

77 hours + 95 hours + 190 hours = 362

hours

b. Annual burden (in hours):

We assume that every year, from 2001

to 2010, about 10 percent (114 mariners)

would be replaced with new hires, who

would need training. The burden placed

on—

• The mariner = 0.083 hours × 114

mariners = 10 hours

• The owners and operators = 0.166

hours × 114 mariners = 19 hours

The annual burden beginning in 2001 is:

10 hours + 19 hours = 29 hours

Estimate of Total Annual Burden

a. The Initial Burden (in dollars)

1. Documentation of training courses.

The Coast Guard estimates the wage for

a qualified professional at $30 per hour.

The initial burden in dollars to the

industry is: 77 hours (management time)

× $30 = $2,310.

2. Documentary evidence that shows

that mariners meet the appropriate

training standards. The Coast Guard

estimates the wage of the mariners

receiving training at $130 (determined

as an average based on daily wage rates

for licensed and unlicensed mariners in

1999, $200 and $117, respectively). The

initial burden to industry is: 95 hours ×

$130 = $12,350.

3. Maintenance of mariners’ records

by owners and operators. The Coast

Guard estimates the wage for a qualified

assessor at $75 per hour. The initial

burden to industry is:

37512 Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules

190 hours × $75 = $14,250

Total initial burden in dollars is:

$2,310 + $12,350 + $14,250 = $28,910

b. The annual burden (in dollars):

The annual burden on the mariners,

beginning in 2001 and continuing

through 2010, is: 10 hours × $130 =

$1,300.

The Coast Guard estimates the wage

for a qualified assessor at $75 per hour.

Beginning in year 2001, the annual

burden placed on the owners and

operators is: 19 hours × $75 = $1425.

The total annual burden beginning in

2001 and continuing through 2004 is:

$1,300 + $1,425 = $2,725.

Federalism

We have analyzed this proposed rule

under Executive Order 13132,

Federalism.

It is well settled that States are

precluded from regulating in categories

that are reserved for regulation by the

Coast Guard. It is also well settled, now,

that all of the categories covered in 46

U.S.C. 3306 and 3703(a), 7101, and 8101

(design, construction, alteration, repair,

maintenance, operation, equipping,

personnel qualification, and manning of

vessels) are within the field foreclosed

from State regulation. See the decision

of the Supreme Court in the

consolidated cases of United States v.

Locke and Intertanko v. Locke, 120 S.

Ct. 1135 (1999) 2000 U.S. LEXIS 1895

(March 6, 2000). Thus, this rule falls

into the above-mentioned categories,

thereby precluding States from

regulating. Because States may not

promulgate rules within these

categories, preemption is not an issue

under E.O. 13132.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their regulatory actions not specifically

required by law. In particular, the Act

addresses actions that may result in the

expenditure by a State, local, or tribal

government, in the aggregate, or by the

private sector of $100,000,000 or more

in any one year. While two States

operate passenger vessels, entities in the

private sector own and operate most of

the vessels with mariners that would be

affected by this rule. More important,

the total burden of Federal mandates

that would be imposed by this rule

would not exceed $5 million (during the

first 10 years after the effective date of

the rule). Therefore, this rule would not

impose an unfunded mandate. Though

this proposed rule would not result in

a $100,000,000 expenditure, we do

discuss the effects of this rule elsewhere

in this preamble.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have implications for taking under E.O.

12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This proposed rule would meet

applicable standards in sections 3(a)

and 3(b)(2) of E.O. 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Protection of Children

We have analyzed this proposed rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule would

not be an economically significant rule

and would not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We have considered the

environmental impact of this proposed

rule and concluded that under figure 2–

1, paragraph (34)(c), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. This rule

would not result in any significant

cumulative impact on the human

environment; any substantial

controversy or substantial change to

existing environmental conditions; any

impact, which is more than minimal, on

properties protected under 4(f) of the

DOT Act, as superseded by Public Law

97–449 and Section 106 of the National

Historic Preservation Act; or any

inconsistencies with any Federal, State,

or local laws or administrative

determinations relating to the

environment. A Determination of

Categorical Exclusion is available in the

docket where indicated under

ADDRESSES.

List of Subjects

46 CFR Part 10 

Incorporation by reference, Marine

safety, Seamen, Vessels.

46 CFR Part 12 

Incorporation by reference, Marine

safety, Seamen, Vessels.

46 CFR Part 15 

Incorporation by reference, Marine

safety, Navigation (water), Seamen,

Vessel manning, Vessels.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 46 CFR parts 10, 12, and 15 as

follows:

PART 10—LICENSING OF MARITIME

PERSONNEL

1. The authority citation for part 10

continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,

2103, 2110; 46 U.S.C. Chapter 71; 46 U.S.C.

7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec.

10.107 also issued under the authority of 44

U.S.C. 3507.

2. Revise paragraph (b) of § 10.102 to

read as follows:

§ 10.102 Incorporation by reference.

* * * * *

(b) The material incorporated by

reference in this part and the sections

affected are as follows: International

Maritime Organization (IMO)–4 Albert

Embankment, London, SE1 7SR,

England.

STCW—International Convention on

Standards of Training, Certification and

Watchkeeping for Seafarers, 1978, as

amended in 1995 and 1997 (STCW

Convention, or STCW)—and Seafarers’

Training, Certification and

Watchkeeping Code (STCW Code):

10.103; 10.205; 10.304; 10.603; 10.901;

10.903; 10.1005; 10.1103.

§ 10.103 [Amended]

3. In § 10.103, to the definition of

‘‘STCW,’’ immediately following the

words ‘‘as amended in 1995’’, add the

words ‘‘and 1997’’.

4. Add Subpart K, consisting of

§§ 10.1101 through 10.1105, to read as

follows:

Subpart K—Officers on Passenger

Ships other than Ro-Ro’s

§ 10.1101 Purpose of rules.

The rules in this subpart establish

requirements for officers serving on

passenger ships as defined in § 10.1103.

§ 10.1103 Definitions.

Passenger ship in this subpart means

a ship, other than a Ro-Ro, which carries

more than 12 passengers on an

international voyage.

§ 10.1105 General requirements for

license-holders.

If you are licensed as a master, mate,

chief mate, engineer, or chief engineer,

then, before you can serve on a

passenger ship, you must—

(a) Meet the appropriate requirements

of STCW Regulation V/3 and of section

A–V/3 of the STCW Code; and

(b) Hold documentary evidence to

show that you meet these requirements.

Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Proposed Rules 37513

PART 12—CERTIFICATION OF

SEAMEN

5. The authority citation for part 12

continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,

2103, 2110, 7301, 7302, 7503, 7505, 7701; 49

CFR 1.46.

§ 12.01–3 [Amended]

6. Revise § 12.01–3 to read as follows:

§ 12.01–3 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part with the

approval of the Director of the Federal

Register under 5 U.S.C. 552(a) and 1

CFR part 51. To enforce any edition

other than that specified in paragraph

(b) of this section, the Coast Guard must

publish notice of change in the Federal

Register and must ensure that the

material is available to the public. All

approved material is available for

inspection at the Office of the Federal

Register, 800 North Capitol Street NW.,

suite 700, Washington, DC, and at the U.

S. Coast Guard, Office of Operating and

Environmental Standards, room 1210,

2100 Second Street SW., Washington,

DC, and is available from the sources

indicated in paragraph (b) of this

section.

(b) The material approved for

incorporation by reference in this part,

and the sections affected, are as follows:

International Maritime Organization

(IMO)

4 Albert Embankment, London, SE1

7SR, England. STCW—International

Convention on Standards of Training,

Certification and Watchkeeping for

Seafarers, 1978, as amended in 1995 and

1997 (STCW Convention, or STCW)—

and Seafarers’ Training, Certification

and Watchkeeping Code (STCW Code):

12.01–1; 12.01–6; 12.02–7; 12.02–11;

12.05–3; 12.05–7; 12.05–11; 12.10–3;

12.10–5; 12.10–7; 12.10–9; 12.10–11;

12.15–3; 12.15–7; 12.25–45; 12.30–5;

12.35–5.

§ 12.01–6 [Amended]

7. In § 12.01–6, to the definition of

‘‘STCW,’’ immediately following the

words ‘‘as amended in 1995’’, add the

words ‘‘and 1997’’.

8. Add new subpart 12.35, consisting

of §§ 12.35–1 through 12.35–5, to read

as follows:

Subpart 12.35—Crewmembers of

Ships, Other Than Ro-Ro’s, Carrying

More Than 12 Passengers on

International Voyages

Sec.

12.35–1 Purpose of rules.

12.35–3 Definition.

12.35–5 General requirements.

§ 12.35–1 Purpose of rules.

The rules in this subpart establish

requirements for certification of seamen

serving on passenger ships as defined in

§ 12.35–3.

§ 12.35–3 Definition.

Passenger ship in this subpart means

a ship, other than a Ro-Ro, which carries

more than 12 passengers on an

international voyage.

§ 12.35–5 General requirements.

To serve on a passenger ship and

perform duties that involve safety or

care for passengers, a person holding a

merchant mariner’s document must—

(a) Meet the appropriate requirements

of STCW Regulation V/3 and of section

A–V/3 of the STCW Code; and

(b) Hold documentary evidence to

show that he or she does meet them.

PART 15—MANNING REQUIREMENTS

9. The authority citation for part 15

continues to read as follows:

Authority: 46 U.S.C. 2101, 2103, 3306,

3703, 8101, 8102, 8104, 8105, 8301, 8304,

8502, 8503, 8701, 8702, 8901, 8902, 8903,

8904, 8905(b), 9102; 49 CFR 1.45 and 1.46.

10. Redesignate paragraphs (e), (f),

and (g) of § 15.1103 as paragraphs (f),

(g), and (h), respectively; add a new

paragraph (e) to read as follows; and

revise newly redesignated paragraphs

(g) and (h) to read as follows:

§ 15.1103 Employment and service within

restrictions of license, document, and

STCW endorsement.

* * * * *

(e) If you are a crewmember on board

a vessel (that is not a Ro-Ro) carrying

more than 12 passengers on

international voyages, you must hold

documentary evidence to show you

meet the requirements of § 10.1105 (if

licensed) or

§ 12.35–5 (if unlicensed) of this chapter.

* * * * *

(g) On board a seagoing vessel

required to comply with provisions of

the GMDSS in Chapter IV of SOLAS, no

person may employ or engage any

person to serve, and no person may

serve, as the person designated to

maintain GMDSS equipment at sea,

when the service of a person so

designated is used to meet the

maintenance requirements of SOLAS

Regulation IV/15, which allows for

capability of at-sea electronic

maintenance to ensure that radio

equipment is available for radio

communication, unless the person so

serving holds documentary evidence

that he or she is competent to maintain

GMDSS equipment at sea.

(h) After January 31, 2002, on board

a seagoing vessel fitted with an

Automatic Radar Plotting Aid (ARPA),

no person may employ or engage any

person to serve, and no person may

serve, as the master, chief mate, or

officer of the navigational watch, unless

the person so serving has been trained

in the use of ARPA in accordance with

§ 10.205 or § 10.209 of this chapter,

whichever is appropriate.

Dated: June 8, 2000.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 00–15056 Filed 6–14–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 053100A]

Gulf of Mexico Fishery Management

Council; Public Hearings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public hearings;

request for comments.

SUMMARY: The Gulf of Mexico Fishery

Management Council (Council) will

convene public hearings to receive

comments on a draft Generic

Amendment Addressing the

Establishment of Tortugas Marine

Reserves (draft Generic Tortugas Marine

Reserves Amendment).

DATES: Written comments will be

accepted until 5 p.m. on June 30, 2000.

The public hearings will be held on

June 21 and 22, 2000. See

SUPPLEMENTARY INFORMATION for specific

dates and times of the public hearings.

ADDRESSES: Written comments should

be sent to, and copies of the draft

Generic Tortugas Marine Reserves

Amendment are available from, the

Council. The Council’s address is: Gulf

of Mexico Fishery Management Council,

3018 U.S. Highway 301, North, Suite

1000, Tampa, Florida 33619. See

SUPPLEMENTARY INFORMATION for specific

dates and times of the public hearings.

FOR FURTHER INFORMATION CONTACT: Mr.

Wayne Swingle, Executive Director,

Senior Fishery Biologist, Gulf of Mexico

Fishery Management Council;

telephone: (813) 228–2815.