67966 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

public (44 U.S.C. 3502(3) and 5 CFR 

1320.3(c)). 

OMB has generally approved the 

information collection requirements 

contained in 43 CFR part 3195 under 

OMB control number 1004–0179. Since 

this final rule removes 43 CFR part 3195 

in its entirety, including all information 

collection requirements contained 

therein, the BLM has requested that 

OMB discontinue that OMB control 

number, along with the associated 

public paperwork burdens. This action 

also results in discontinuing the 

following BLM form numbers: 3195–1; 

3195–2; 3195–3; and 3195–4. 

Discontinuing OMB control number 

1004–0179 results in reducing the 

BLM’s information collection burdens 

by 94 annual responses and 642 annual 

burden hours. 

Takings Implication Assessment (E.O. 

12630) 

As required by E.O. 12630, the BLM 

has determined that this final rule will 

not cause a taking of private property. 

The BLM therefore certifies that this 

final rule does not represent a 

governmental action capable of 

interference with constitutionally 

protected property rights. 

Civil Justice Reform (E.O. 12988) 

In accordance with E.O. 12988, the 

BLM finds that this final rule will not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Executive Order. 

The National Environmental Policy Act 

(NEPA) 

The BLM has determined that this 

final rule qualifies as an administrative, 

housekeeping action that is categorically 

excluded from environmental review 

under NEPA pursuant to 43 CFR 46.205 

and 46.210(i). The final rule does not 

meet any of the 12 criteria for 

exceptions to categorical exclusions 

listed at 43 CFR 46.215. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required in connection with the rule 

(40 CFR 1501.3). 

The Unfunded Mandates Reform Act of 

1995 

The BLM has determined that this 

final rule is not significant under the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501 et seq., because it 

will not result in State, local, private 

sector, or Tribal government 

expenditures of $100 million or more in 

any one year, 2 U.S.C. 1532. This rule 

will not significantly or uniquely affect 

small governments. Therefore, the BLM 

is not required to prepare a statement 

containing the information required by 

the Unfunded Mandates Reform Act. 

Consultation and Coordination With 

Indian Tribal Governments (E.O. 

13175) 

In accordance with E.O. 13175, the 

BLM has determined that this final rule 

does not include policies that have 

Tribal implications. Specifically, the 

rule will not have substantial direct 

effects on one or more Indian Tribes. 

Consequently, the BLM did not use the 

consultation process set forth in section 

5 of the Executive Order. 

Information Quality Act 

In developing this final rule, the BLM 

did not conduct or use a study, 

experiment, or survey requiring peer 

review under the Information Quality 

Act (Pub. L. 106–554). 

Effects on the Nation’s Energy Supply 

(E.O. 13211) 

In accordance with E.O. 13211, the 

BLM has determined that this final rule 

will not have a significant adverse effect 

on the supply, distribution, or use of 

energy. The final rule removes 

regulations from the CFR that are no 

longer in effect. 

Delegation of Signing Authority 

The action taken herein is pursuant to 

an existing delegation of authority. 

List of Subjects 

Government contracts, Helium, 

Mineral royalties, Oil and gas 

exploration, Public lands—mineral 

resources, Reporting and recordkeeping 

requirements, and Surety bonds. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

Under the authority of 5 U.S.C. 301, 

50 U.S.C. 167, and for the reasons stated 

in the preamble, 43 CFR Chapter II is 

amended as follows: 

PART 3195—[REMOVED] 

■ 1. Remove part 3195. 

[FR Doc. 2023–21711 Filed 10–2–23; 8:45 am] 

BILLING CODE 4331–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 11 

[Docket No. USCG–2020–0492] 

RIN 1625–AC64 

Towing Vessel Firefighting Training 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is issuing 

this final rule to revise the training 

requirements for national Merchant 

Mariner Credential endorsements as 

master of towing vessels (limited) or 

mate (pilot) of towing vessels on inland 

waters or Western Rivers routes. 

Consistent with recommendations from 

two Federal advisory committees, this 

rule gives mariners seeking these 

endorsements the option of taking a 

modified basic firefighting course. That 

course excludes training on equipment 

that is not required to be carried on 

towing vessels operating on inland 

waters or the Western Rivers. 

Applicants who take the modified basic 

firefighting course will reduce their 

costs because it is shorter and less 

expensive than the basic firefighting 

course. 

DATES: This final rule is effective April 

1, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to 

www.regulations.gov, type USCG–2020– 

0492 in the search box, and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Mr. James Cavo, Coast Guard; 

telephone 202–372–1205, email 

James.D.Cavo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose, and Regulatory History 

III. Background 

IV. Discussion of Comments 

V. Discussion of the Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 


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1An endorsement as a master of towing vessels 

(limited) authorizes service as a master (the person 

in command of the vessel) to work on a towing 

vessel in a limited local area within inland waters 

or Western Rivers (e.g., master of towing vessels 

(limited) restricted to the Lower Mississippi River 

mile marker 775.0 to mile marker 850.0). 

2 ‘‘Mate’’ means a qualified deck officer other 

than the master. On towing vessels on inland waters 

or Western Rivers, ‘‘pilot’’ also refers to a qualified 

deck officer other than the master. The terms 

‘‘mate’’ and ‘‘pilot’’ refer to the same position on the 

vessel and usage varies based on company and 

regional preference. 

3Throughout this rule, the term modified basic 

firefighting course describes the basic firefighting 

course required by 46 CFR 11.201(h)(3), modified 

to eliminate training on equipment that is not 

required to be carried on towing vessels operating 

on inland waters or Western Rivers routes. 

4For the purposes of this final rule, we refer to 

‘‘routes other than oceans’’ as near-coastal, Great 

Lakes, inland waters, and Western Rivers. 

5Regulation VI/1 of the STCW Convention and 

Table A–VI/1–2 of the STCW Code provides the 

competence requirements for basic firefighting. 

6See ‘‘Merchant Marine Personnel Advisory 

Committee (MERPAC) Task Statement #95, Inland 

Firefighting, Draft Report,’’ September 14, 2016. 

This report is available at: https://

homeport.uscg.mil/Lists/Content/Attachments/709/ 

Enclosure%207%20Task%20Statement%

2095%20%20Inland%20Firefighting.pdf. This 

report was last accessed on April 24, 2023. 

7See ‘‘Towing Safety Advisory Committee, Task 

16–02, Recommendations Regarding Firefighting 

Training Requirements for Officer Endorsements for 

Master, Mate (Pilot) of Towing Vessels, Except 

Assistance Towing and Apprentice Mate 

(Steersman) of Towing Vessels, Inland Service Final 

Report,’’ March 21, 2018. This report is available at: 

https://homeport.uscg.mil/Lists/Content/ 

Attachments/799/TSAC%20Task%2016-02%20

Inland%20Firefighting%20Final-03212018.pdf. 

This report was last accessed on April 24, 2023. 

8 Id. at 7. 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

BLS Bureau of Labor Statistics 

CFR Code of Federal Regulations 

CG–MMC Coast Guard Office of Merchant 

Mariner Credentialing 

DHS Department of Homeland Security 

FR Federal Register 

GS General Schedule 

GRT Gross register tons 

MERPAC Merchant Marine Personnel 

Advisory Committee 

MMC Merchant Mariner Credential 

MMLD Merchant Mariner Licensing and 

Documentation 

NAICS North American Industry 

Classification System 

NMC National Maritime Center 

NPRM Notice of proposed rulemaking 

NVIC Navigation and Vessel Inspection 

Circular 

OMB Office of Management and Budget 

OPM Office of Personnel Management 

RA Regulatory analysis 

SMS Safety management system 

§ Section 

SME Subject matter expert 

STCW Convention International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, as Amended 

STCW Code Seafarer’s Training, 

Certification and Watchkeeping Code, as 

Amended 

TSAC Towing Safety Advisory Committee 

U.S.C. United States Code 

II. Basis and Purpose, and Regulatory 

History 

The legal basis of this rule is Title 46 

of the United States Code (U.S.C.) 

Section 7101, which authorizes the 

Secretary of the Department of 

Homeland Security (DHS) to establish 

the experience and professional 

qualifications required for the issuance 

of Merchant Mariner Credentials 

(MMCs) with officer endorsements. The 

DHS Secretary has delegated the 

rulemaking authority under 46 U.S.C. 

7101 to the Coast Guard through DHS 

Delegation No. 00170.1(II)(92)(e), 

Revision No. 01.3. Additionally, 14 

U.S.C. 102(3) grants the Coast Guard 

broad authority to promulgate and 

enforce regulations for the promotion of 

safety of life and property on waters 

subject to the jurisdiction of the United 

States, which includes establishing the 

experience and professional 

qualifications required for the issuance 

of credentials. 

The purpose of this rule is to amend 

title 46 of the Code of Federal 

Regulations (CFR), section 11.201, 

paragraph (h)(3) by providing mariners 

seeking a national officer endorsement 

as master of towing vessels (limited) 1 or 

mate (pilot) 2 of towing vessels on 

inland waters or Western Rivers routes 

the option of taking a modified basic 

firefighting course instead of a basic 

firefighting course. The modified basic 

firefighting course eliminates training 

on equipment that is not required to be 

carried on towing vessels operating on 

inland waters or Western Rivers.3

Applicants who take the modified basic 

firefighting course would reduce their 

costs due to the course being shorter 

and less expensive than the basic 

firefighting course. Mariners who will 

not be working solely on Western Rivers 

or inland waters other than the Great 

Lakes will still be required to complete 

a basic firefighting course. The Coast 

Guard anticipates this modified basic 

firefighting course will have a total of 12 

hours of classroom and practical 

training instead of a total of 16 hours for 

the basic firefighting course. 

On September 1, 2021, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Towing 

Vessel Firefighting Training’’ (86 FR 

48925), requesting comments on the 

proposal to revise the training 

requirements for national MMC 

endorsements as master of towing 

vessels (limited) or mate (pilot) of 

towing vessels on inland waters or 

Western Rivers routes. A detailed 

description of the background and 

discussion of the proposed changes can 

be found in the NPRM. 

III. Background 

Coast Guard regulations in 46 CFR 

part 11, subpart B, contain merchant 

mariner credentialing requirements for 

national and International Convention 

on Standards of Training, Certification 

and Watchkeeping for Seafarers, 1978, 

as Amended (STCW Convention) officer 

endorsements. Currently, the 

regulations in 46 CFR 11.201(h)(3)(ii) 

require mariners seeking national officer 

endorsements as master or mate (pilot) 

of towing vessels on routes other than 

oceans 4 to complete a Coast Guardapproved firefighting course that meets 

the basic firefighting training 

requirements in Regulation VI/1 of the 

STCW Convention and Table A–VI/1– 

2 5 of the Seafarer’s Training, 

Certification and Watchkeeping Code, as 

Amended (STCW Code). Basic 

firefighting training ensures that 

mariners have the skills to contain small 

fires before they can spread, leading to 

injury, death, property damage, or 

becoming a larger marine hazard. 

Federal Advisory Committee 

Recommendations 

The Coast Guard received requests 

from industry to review the 

appropriateness of the basic firefighting 

training requirement for towing vessel 

endorsements. As a result, the Coast 

Guard tasked two Federal Advisory 

Committees, the Merchant Marine 

Personnel Advisory Committee 

(MERPAC) 6 and the Towing Safety 

Advisory Committee (TSAC) 7 with 

reviewing the basic firefighting training 

requirements, while taking into 

consideration the equipment carried on 

towing vessels operating on inland 

waters and Western Rivers routes. 

In their recommendations to the Coast 

Guard, both MERPAC and TSAC 

commented that the basic firefighting 

requirements in § 11.201(h)(3)(ii) are 

based on equipment found on deep-sea 

vessels and not on vessels operating on 

inland waters or Western Rivers. In 

addition, TSAC identified equipment 

covered in the basic firefighting training 

requirements, contained in Table A–VI/ 

1–2 of the STCW Code, that is not 

required to be carried on towing vessels 

operating on inland waters or Western 

Rivers.8 They noted that nowhere in 46 


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9See Coast Guard Request for Information 

entitled, ‘‘Evaluation of Existing Coast Guard 

Regulations, Guidance Documents, Interpretative 

Documents, and Collections of Information’’ (82 FR 

26632, June 8, 2017). This document is available at: 

https://www.regulations.gov/document?D=USCG2017-0480-0001. This website was accessed on 

April 24, 2023. 

10Courses are evaluated and approved by the 

Coast Guard’s National Maritime Center (NMC) 

Mariner Training & Assessment Division, which, 

from 2018 to 2022, reports a course approval 

average annual net processing time of 

approximately 76 days. Course approvals are valid 

for 5 years, as specified in 46 CFR 10.402(d). 

11Approved courses are valid for 5 years from the 

date of Coast Guard approval. Before the course 

approval expires, the training provider must seek a 

course approval renewal to continue to offer the 

course. 

CFR subchapter M, ‘‘Towing Vessels,’’ 

part 142, ‘‘Fire Protection,’’ is there a 

requirement for towing vessels 

operating on inland waters or Western 

Rivers to be equipped with firefighters’ 

outfits or self-contained breathing 

apparatus (SCBA). Because the basic 

firefighting training in § 11.201(h)(3)(ii) 

requires mariners seeking national 

officer endorsements for master or mate 

(pilot) of towing vessels to become 

proficient with equipment that is not 

required to be carried onboard the 

vessels they intend to operate, MERPAC 

and TSAC both recommended that the 

content of firefighting training be 

modified for these mariners. 

Public Input 

In 2017, the Coast Guard sought 

comments on regulations, guidance 

documents, and interpretative 

documents that the public believed 

should be repealed, replaced, or 

modified.9 The Coast Guard received 

public input from a trade association 

representing the towing industry 

regarding the basic firefighting training 

for endorsements as master or mate 

(pilot) of towing vessels. The trade 

association suggested that the training 

requirement is excessive because the 

current towing vessel regulations in 

§§ 27.209 and 142.245 require company 

provided firefighting instruction and 

drills. The trade association 

recommended that the Coast Guard 

eliminate the basic firefighting training 

requirement in § 11.201(h)(3)(ii) for 

national officer endorsements as master 

or mate (pilot) of towing vessels on 

inland waters and Western Rivers. The 

Coast Guard agrees in part with the 

recommendation from this trade 

association. Approved firefighting 

training is necessary, but we agree that 

these mariners should not have to train 

using equipment that is not required to 

be carried aboard the towing vessels on 

which they will serve. 

With this final rule, applicants 

seeking national officer endorsements as 

master of towing vessels (limited) or 

mate (pilot) of towing vessels on inland 

waters or Western Rivers will have the 

option of taking a modified basic 

firefighting course that excludes training 

on equipment that is not required to be 

carried on their vessels. 

This change applies to applicants for 

national MMC endorsements as master 

of towing vessels (limited) and mate 

(pilot) of towing vessels on inland 

waters or Western Rivers routes. 

Applicants seeking an endorsement as 

master of towing vessels must have 

completed firefighting training when 

they obtain one of the endorsements 

that are a prerequisite to qualifying for 

master of towing vessels. The modified 

basic firefighting training required by 

§ 11.201(h)(3) will have to be approved 

by the Coast Guard in accordance with 

the requirements of §§ 10.402 and 

10.403. This change will provide an 

opportunity for training providers to 

develop a Coast Guard-approved 

modified basic firefighting course for 

applicants for national MMC 

endorsements as master of towing 

vessels (limited) and mate (pilot) of 

towing vessels on inland waters or 

Western Rivers routes. 

Delayed Effective Date 

The Coast Guard is delaying the 

effective date of this rule by 180 days. 

This delay will allow time for training 

providers to develop a modified basic 

firefighting course, and for the Coast 

Guard to evaluate and approve the 

course.10 Training providers wishing to 

obtain approval for a modified basic 

firefighting course may develop and 

submit their course for approval before 

the effective date of this final rule. 

This rule will result in a one-time cost 

to training providers for developing and 

submitting requests for original 

approval of a modified basic firefighting 

course, and a one-time cost to the Coast 

Guard for reviewing and approving 

these courses. Under existing 

§ 10.402(d) and (f), there will be ongoing 

costs to both the training providers and 

the Coast Guard every 5 years to request 

renewal of the course approval.11

Applicants who take a modified basic 

firefighting course will receive cost 

savings due to the course being shorter 

and less expensive than the basic 

firefighting course. 

IV. Discussion of Comments 

The Coast Guard received eight 

submissions by the public in response 

to the NPRM published on September 1, 

2021. Comments came from towing 

vessel operators, a national trade 

association, and individual mariners. 

The following discussion contains an 

analysis of comments received. The 

Coast Guard appreciates all comments 

on this matter. 

Comments in Support of the Proposal 

Five commenters agreed that mariners 

who will serve on towing vessels on 

inland waters and Western Rivers 

should not be required to receive 

training on equipment that is not 

required to be carried aboard the vessels 

upon which they will serve. The Coast 

Guard acknowledges these comments. 

Comments Opposed to the Proposal 

One commenter opposed the 

proposed change because a mariner 

could possibly serve on a vessel that is 

carrying equipment not required aboard 

the vessel and would not have received 

the necessary training in its safe and 

proper use. To help reduce ‘‘loopholes 

and lapses in training,’’ the commenter 

believes the current firefighting training 

should not be reduced. 

The Coast Guard appreciates this 

concern but disagrees that firefighting 

training for towing vessels on inland 

waters or Western Rivers should include 

training on equipment that is not 

required to be carried aboard those 

vessels. Formal training provides 

mariners with a basic knowledge and 

understanding of firefighting. This will 

provide a foundation that can be 

supplemented with shipboard drills and 

familiarization to ensure mariners can 

safely and effectively use the firefighting 

equipment aboard their vessels. A 

modified basic firefighting course, 

supplemented by the familiarization 

requirements in 46 CFR 15.405 and the 

training and drill requirements in 46 

CFR 27.205 and 142.245, is sufficient to 

ensure that mariners serving on a vessel 

carrying equipment that is not required 

to be aboard the vessel would be able to 

use the equipment safely and 

effectively. 

Duration of the Modified Basic 

Firefighting Course 

Two commenters agreed that the 

modified basic firefighting course 

should be 12 hours in length, or ‘‘one 

full day.’’ The Coast Guard agrees the 

course duration should be 12 hours but 

notes that it will not approve a course 

that provides 12 hours of training in a 

single day. A 12-hour modified basic 

firefighting course will have to be given 

over 2 days. 

Three commenters stated that the 

modified basic firefighting course 

should be 8 hours in duration. One 

commenter noted that a 12-hour course 

would not be cost effective when travel 


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costs and availability of training 

providers is considered. One of the 

commenters also stated that an 8-hour 

course would be adequate, as 

crewmembers have participated in 

ongoing firefighting instruction and 

drills throughout their careers. 

The Coast Guard disagrees with the 

assessment that an 8-hour course would 

be adequate. Eight hours is not 

sufficient to achieve the intended level 

of competence. In reaching this 

determination, we reviewed the 

curricula of several Coast Guardapproved basic firefighting courses, as 

well as the current edition of the 

International Maritime Organization’s 

Model Course 1.20, Fire Prevention and 

Fire Fighting. These courses are each 16 

hours in duration. We identified the 

time spent in these courses using 

equipment that is not required to be 

carried on towing vessels operating on 

inland waters or Western Rivers and 

determined that a course length of 

approximately 12 hours was 

appropriate. In addition, we disagree the 

duration can be shortened based on a 

subjective assumption that trainees have 

participated in drills and instruction 

during their careers. We do not consider 

drills to be equivalent to approved 

training involving live fire and other 

scenarios that cannot be safely 

conducted aboard a vessel. 

Content of the Modified Basic 

Firefighting Course 

Two commenters stated that the 

content of the firefighting course should 

not include equipment that is not 

required on towing vessels operating on 

inland waters and Western Rivers (for 

example, SCBAs and fire suits). The 

commenters stated that the modified 

course should focus on fire principles, 

basic firefighting strategies and tactics, 

fire risks, use of portable and semi 

portable fire extinguishers, fire 

communication-general alarms and 

detectors, handling and operating fire 

pumps and hydrants, types and function 

of fixed firefighting systems, and 

significant focus on managing a team for 

handling a fire emergency. 

The Coast Guard agrees. The modified 

basic firefighting course will not include 

training on equipment that is not 

required to be carried aboard towing 

vessels operating on inland waters or 

Western Rivers. We agree that the 

training should focus on the use of 

equipment that is required to be carried, 

as well as the other factors cited by the 

commenters. 

Alternatives to a Coast Guard-Approved 

Course 

Five commenters stated the Coast 

Guard should accept company provided 

training and drills under 46 CFR 

subchapter M in lieu of requiring 

completion of a Coast Guard-approved 

course. The commenters noted this 

training would be included in, and 

audited under, the company’s safety 

management system (SMS). 

The Coast Guard disagrees. The 

inclusion of a company provided 

firefighting training in an SMS would 

not ensure an adequate review and 

oversight of the required training. A 

Coast Guard-approved course for 

firefighting will ensure the curriculum 

is reviewed by qualified subject matter 

experts (SMEs) and follows sound and 

accepted training methodology. Coast 

Guard-approved training also entails 

more focused audits and oversight than 

if training were provided as a small part 

of a much larger SMS. 

In addition, it is common for mariners 

to work on different vessels and for 

different companies. There is a need for 

the common foundational training that 

a Coast Guard-approved course 

provides. A company provided training 

may supplement, but not replace, 

approved firefighting training. 

Company Provided Courses 

One commenter noted that companies 

should be able to assemble a curriculum 

and submit it for approval of the course. 

This curriculum may include in-house 

trainers or trainers from local fire 

departments familiar with onboard 

firefighting tactics and equipment. The 

Coast Guard agrees. A company may 

develop and obtain Coast Guard 

approval for a course that employs 

facilities and staff from local fire 

departments. 

The same commenter stated that a 

towing company should be able to 

assemble a curriculum that meets the 

expectations, needs, and standards for 

the course material and have that 

training curriculum audited as part of 

their SMS. The Coast Guard agrees in 

part. We agree that companies may 

develop their own course and obtain 

Coast Guard approval. However, we 

disagree with the suggestion that this 

training could be audited as part of the 

company’s SMS. When reviewing 

training, an SMS audit will generally 

review whether crew members have 

completed their required training, not 

the content of the training or its efficacy. 

Three commenters suggested that 

documentation of the appropriate 

training by the company should be an 

acceptable proof of training, like what is 

used to prove sea service ‘‘letters of 

designation’’ for those who fuel 

towboats. The Coast Guard disagrees. 

The modified basic firefighting course 

should be and audited by or on behalf 

of the Coast Guard as specified in 46 

CFR part 10, subpart D. The audit of 

approved training will ensure that 

previously reviewed and approved 

curricula are adhered to, and are 

consistent with, sound educational 

methodology and accepted industry 

standards and practices. 

Firefighting Response by Crews of 

Towing Vessels on Inland Waters and 

Western Rivers 

Two commenters noted that, unless 

an onboard fire is readily containable, 

firefighting is left to trained emergency 

responders instead of the crew. If a 

boat’s crew uses a fire extinguisher and 

the fire cannot be contained, they are 

instructed to get off the vessel once safe 

harbor is reached. 

The Coast Guard disagrees that this 

strategy is appropriate in all fire 

emergencies. There may be situations 

where it is not safe or feasible to secure 

and abandon the towing vessel awaiting 

response from shore-based firefighters. 

The best first response is that provided 

by the towing vessel’s crew, under the 

direction of a trained officer. A Coast 

Guard-approved modified basic 

firefighting course will increase the 

likelihood that a towing vessel’s crew 

can make an effective first response and 

extinguish or contain a fire. 

One commenter stated that many, if 

not most, towing vessels on inland 

waters and Western Rivers are ‘‘dinner 

bucket’’ boats, and on these vessels, 

only one officer is aboard, and that 

individual must remain at the helm to 

control the vessel. In the event of a fire 

emergency onboard, they must seek a 

safe harbor to secure the vessel so that 

the crew can escape. 

The Coast Guard disagrees that this is 

reason to not require completion of a 

modified basic firefighting course. The 

national officer endorsements of master 

of towing vessels, master of towing 

vessels (limited), and mate (pilot) of 

towing vessels do not restrict a mariner 

to working on a vessel day boat or 

‘‘dinner bucket’’ boat that only operates 

12 hours per day, and a mariner must 

be appropriately trained and qualified 

for all vessels their credential authorizes 

them to serve upon. In addition, we do 

not agree that the only response for a 

day boat or ‘‘dinner bucket’’ boat is to 

navigate the vessel to a location where 

the crew can abandon the vessel and 

call shore-based responders. Regardless 

of the crew size or the vessel’s operating 

schedule, having officers complete a 


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12 Increase in scope means additional authority 

added to an existing credential, such as adding a 

new route or increasing the authorized horsepower 

or tonnage. (46 CFR 10.107). 

Coast Guard-approved modified basic 

firefighting course will increase the 

likelihood that they can effectively 

respond in a fire emergency, and can 

direct the vessel’s crew to make an 

effective first response and extinguish or 

contain a fire. 

V. Discussion of the Rule 

Amendments to 46 CFR 11.201(h), 

Firefighting Certificate 

The Coast Guard is amending 

§ 11.201(h), which requires mariners 

seeking national officer endorsements to 

present a certificate of completion from 

a Coast Guard-approved firefighting 

course. 

The Coast Guard amends paragraph 

(h)(1) by adding language stating that 

the firefighting certificate of completion 

must be ‘‘relevant to the endorsement 

being sought.’’ The Coast Guard is 

making this change to ensure that 

mariners are required to provide 

evidence of completing the appropriate 

firefighting training for the endorsement 

they are applying for. 

We are also making several changes to 

paragraph (h)(3), which contains a list of 

national officer endorsements that 

require completion of basic firefighting 

training in accordance with Regulation 

VI/1 of the STCW Convention and Table 

A–VI/1–2 of the STCW Code. We 

modify the start of paragraph (h)(3)(i) by 

adding ‘‘all’’ in front of ‘‘officers’’ to 

make it consistent with the terminology 

used in paragraphs (h)(3)(ii) through 

(iv). We revise paragraph (h)(3)(ii) to 

specify the requirements for officer 

endorsements for master or mate (pilot) 

of towing vessels, except apprentice 

mate (steersman) of towing vessels, for 

service on near-coastal waters. We add 

new paragraphs (h)(3)(iii) and (h)(3)(iv) 

to list the specific waters covered by the 

phrase, ‘‘in all services except oceans.’’ 

New paragraph (h)(3)(iii) specifies the 

requirements for officer endorsements 

for master or mate (pilot) of towing 

vessels, except apprentice mate 

(steersman) of towing vessels, for 

service on the Great Lakes. New 

paragraph (h)(3)(iv) specifies the 

requirements for officer endorsements 

for master or mate (pilot) of towing 

vessels, except apprentice mate 

(steersman) of towing vessels, for 

service on inland waters or Western 

Rivers. 

Mariners seeking a national officer 

endorsement as master or mate (pilot) of 

towing vessels authorized for service on 

near-coastal waters or on the Great 

Lakes will still need to complete the 

basic firefighting training referenced in 

paragraph (h)(3). A modified basic 

firefighting course is not appropriate for 

mariners operating on towing vessels on 

near-coastal waters or on the Great 

Lakes for two reasons: (1) near-coastal 

waters and Great Lakes towing vessels 

may carry the equipment omitted from 

a modified towing vessel firefighting 

course, and (2) near-coastal waters and 

Great Lakes towing vessels operate 

farther from the shore, where 

firefighting assistance is not as readily 

available as it is on inland waters or 

Western Rivers. 

New paragraph (h)(3)(iv)(A) provides 

mariners the option of completing a 

modified basic firefighting course for a 

national officer endorsement as master 

or mate (pilot) of towing vessels on 

inland waters or Western Rivers. The 

course must be a Coast Guard-approved 

modified basic firefighting course that 

does not include training on equipment 

not required to be carried aboard towing 

vessels for service on inland waters or 

Western Rivers. When approving a 

modified course, the Coast Guard will 

consider the requirements of 46 CFR 

subchapter M, parts 140 and 142, in 

determining the content to achieve 

proficiency in firefighting consistent 

with the equipment available onboard 

towing vessels on inland waters or 

Western Rivers. The Coast Guard 

anticipates this modified basic 

firefighting course will have a total of 12 

hours of classroom and practical 

training instead of a total of 16 hours for 

the basic firefighting course. 

Currently, national officer 

endorsements for towing vessels serving 

on the Great Lakes and inland waters 

are issued as one route. In new 

paragraph (h)(3)(iv)(A), language is 

added to allow separation of these 

routes so that a mariner who completes 

a modified basic firefighting course 

could be issued an endorsement 

restricted to inland waters or Western 

Rivers. 

New paragraph (h)(3)(iv)(B) specifies 

that a mariner who qualifies for an 

endorsement by completing a modified 

basic firefighting course will be required 

to complete the basic firefighting course 

required in paragraph (h)(3) for an 

increase in scope 12 of the endorsement 

to add a Great Lakes or near-coastal 

waters route. For an increase in scope to 

add oceans routes, a mariner will need 

to complete both the basic firefighting 

course required in paragraph (h)(3) and 

the advanced firefighting course 

required in paragraph (h)(2). 

Other Changes 

In the NPRM, we proposed to change 

the 46 CFR part 11 authority citation 

from 14 U.S.C. 503 to 14 U.S.C. 102(3). 

After publication of the NPRM in the 

Federal Register, the Coast Guard 

determined it is still appropriate to 

reference ‘‘14 U.S.C. 503.’’ Title 14 

U.S.C. 503 states: ‘‘the [DHS] Secretary 

may promulgate such regulations and 

orders as he deems appropriate to carry 

out the provisions of this title or any 

other law applicable to the Coast 

Guard.’’ We are only making one change 

to the authority citation for part 11 to 

refer to change 3 to DHS Delegation 

number 00170.1. 

Section 11.201(l) is revised to allow 

the Coast Guard to modify training in 

addition to the service or examination 

requirements for an endorsement. The 

change is needed in order to allow for 

the option of the modified basic 

firefighting course for a national officer 

endorsement as master or mate (pilot) of 

towing vessels on inland waters or 

Western Rivers routes. 

Additionally, we refined our 

amendatory instructions to the 

regulatory text that we proposed in the 

NPRM. 

VI. Regulatory Analyses 

The Coast Guard received eight 

comment submissions during the 60-day 

comment period that ended on 

November 1, 2021. We received one 

public comment regarding the travel 

cost savings associated with the 12-hour 

modified basic firefighting course 

implemented by this final rule which 

we did not analyze for the NPRM. We 

have since analyzed the travel cost 

savings associated with the 

implementation of the 12-hour course 

and revised the total estimated cost 

savings for this final rule. Beyond this, 

the methodology employed in the 

regulatory analysis is unchanged. 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below, we summarize our analyses 

based on these statutes or Executive 

orders. 


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13Operating on the Great Lakes is treated 

separately from operating on inland waters or 

Western Rivers. Routes on the Great Lakes would require the same firefighting training as near-coastal 

routes. 

A. Regulatory Planning and Review 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, OMB has not reviewed it. 

A regulatory analysis (RA) follows. 

As discussed earlier in the preamble, 

this rule provides applicants for an 

MMC endorsement as master of towing 

vessels (limited) or mate (pilot) of 

towing vessels on inland waters or 

Western Rivers routes the option to take 

a modified basic firefighting course 

instead of the basic firefighting course. 

Specifically, this firefighting course 

eliminates training on firefighting 

equipment that is not required to be 

carried on towing vessels operating on 

inland waters or Western Rivers routes. 

Because the modified firefighting course 

is expected to be shorter in duration and 

lower in cost than a basic firefighting 

course, we anticipate eligible mariners 

will take the modified course. 

We estimate that this rule will result 

in a 10-year net cost savings of 

$1,301,133, or $185,252 annualized, in 

2021 dollars, discounted at 7 percent. 

The annualized cost savings for 

mariners is approximately $189,869 in 

2021 dollars, discounted at 7 percent. 

The savings stem from reduced hours 

spent in training and reduced tuition for 

firefighting training necessary for an 

endorsement as master (limited) or mate 

(pilot) of towing vessels on inland 

waters or Western Rivers routes.13

We estimate that this rule will result 

in a one-time cost to training providers 

to develop a modified basic firefighting 

course and submit the course to the 

Coast Guard for approval. There will 

also be a one-time cost to the 

Government resulting from Coast Guard 

employees reviewing and approving 

these new courses. Under existing 46 

CFR 10.402(d) and (f), there will be 

ongoing costs to both the training 

providers and the Government every 5 

years to renew the modified basic 

firefighting course. We anticipate 

training providers that offer the 

modified basic firefighting course to 

also continue to provide a basic 

firefighting course, because these 

courses would serve additional markets. 

In the first year, we estimate the costs 

(in 2021 dollars) to training providers 

will be $8,738, and the cost to the 

Government will be $16,669. These 

costs will not recur after the first year, 

but there will be ongoing costs for 

renewal of course approvals every 5 

years, resulting in costs to training 

providers of $1,047 and costs to the 

Government of $11,981. The 10-year net 

cost savings will be $1,301,133, or 

$185,252 annualized, in 2021 dollars, 

discounted at 7 percent. We do not 

estimate that there will be any reduction 

in safety or benefits between the current 

basic firefighting training and a 

modified firefighting training, as the 

modified training would be better suited 

for the equipment common to the 

relevant towing vessels. Table 1 

summarizes these results. In the 

following subsections, we describe the 

changes, the affected population, the 

potential costs, the potential cost 

savings, and the qualitative benefits in 

further detail. 

TABLE 1—SUMMARY OF THE RULEMAKING IMPACT

Category Summary 

Applicability .............................................. Update title 46 CFR part 11 to permit a modified basic firefighting course for national endorsements 

as master and mate (pilot) of towing vessels on inland waters or Western Rivers routes. 

Affected Population ................................. An estimated 23 training providers and 485 applicants for master (limited) or mate (pilot) towing vessels will take a modified firefighting course to qualify for their endorsement. This is a one-time training requirement for mariners. 

Costs to Training Providers ($, 7% discount rate).One-time costs: $8,738 (first year). 

Recurring costs: $1,047 every 5 years. 

Costs to the Government ($, 7% discount rate).One-time costs: $16,669 (first year). 

Recurring costs: $11,981 every 5 years. 

Cost Savings for Applicants ($, 7% discount rate).10-year: $1,333,558. 

Annualized: $189,869. 

Qualitative Benefits .................................. Firefighting courses that are more tailored to the credential endorsement. 

Changes From NPRM to Final Rule 

In addition to population data 

updates that create small increases in 

the cost savings reported in the final 

rule, the Coast Guard also identified 

previously unrealized cost savings in 

the NPRM that are now being realized 

in the final rule. We derive our newly 

realized cost savings from an analysis of 

travel costs associated with the 12-hour 

modified basic firefighting course. One 

commenter to the NPRM believes that a 

12-hour course would not be cost 

effective when travel costs are 

considered. In an examination of travel 

cost savings, we determined that the 12- 

hour course established by this rule will 

also create travel cost savings that were 

previously unrealized in the NPRM. See 

Appendix A: Analysis of Cost Savings 

Associated with Public Comment 

Alternatives (section 3.2, 3.3, and 3.4) in 

the docket for a detailed analysis of 

these additional cost savings, as well as 

an examination of the cost savings 

associated with an 8-hour modified 

course as proposed by public 

commenters. 

Furthermore, the Coast Guard is 

delaying the effective date of the final 

rule by 180 days to allow time for 

training providers to develop, and the 

Coast Guard to approve, the new 

modified basic firefighting course. Table 

2 summarizes this and other changes 

from the NPRM to the final rule. 


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14This increase in the number of inland waters 

and Western Rivers master (limited) and mate 

(pilot) applicants was caused by historical data 

changes within the Merchant Mariner Licensing 

and Documentation (MMLD) database. These 

changes are often attributed to an issued credential 

being postdated, or a credential being withdrawn or 

voided. Such changes cause credentials to be 

included or not included in historical counts, 

leading to variations in data when being examined 

at different times. 

15On June 20, 2016, the Coast Guard published 

the ‘‘Inspection of Towing Vessels’’ final rule. (81 

FR 40003) That rule had an effective date of July 

20, 2016. See https://www.federalregister.gov/ 

documents/2016/06/20/2016-12857/inspection-oftowing-vessels. This final rule document was last 

accessed on April 24, 2023. The rule required 

towing vessels to be inspected under subchapter M 

and gave a 5-year implementation period. When we 

obtained data on inspected towing vessels for the 

NPRM, many of the towing vessels were not 

inspected. Now almost all towing vessels are 

inspected, making our 1,265 total inspected towing 

vessels from the NPRM an underestimate. We are 

now including the full population of inspected 

subchapter M vessels. 

16See Appendix A for a detailed analysis of the 

cost savings from reduced travel expenses 

associated with the 12-hour modified basic 

firefighting course. 

TABLE 2—SUMMARY OF CHANGES FROM NPRM TO FINAL RULE

Element of the 

analysis NPRM Final rule Resulting change in RA 

Master (Limited) 

and Mate 

(Pilot) Applicant Data.

Calculated 440 inland and Western Rivers 

master (limited) and mate (pilot) applicants 

on average from 2016–2019 data.

Calculated 485 inland and Western Rivers 

master (limited) and mate (pilot) applicants 

on average from updated 2016–2019 data 14.

This increase in number of affected applicants 

will lead to increased total and annualized 

cost savings. 

Inland Waters 

and Western 

Rivers Towing 

Vessel Data.

1,265 total towing vessels. 900 of 1,265 towing 

vessels operating on the Great Lakes, inland 

waters, or Western Rivers. 5 percent, or 45 

vessels, listed as operating on the Great 

Lakes, meaning 95 percent, or 855 vessels, 

employ mariners eligible to take the modified 

basic firefighting course.

5,013 total towing vessels. 3,552 of 5,013 towing vessels operating on the Great Lakes, inland waters, or Western Rivers. 5 percent, or 

169 vessels, listed as operating on the Great 

Lakes, meaning 95 percent, or 3,383 vessels, employ mariners eligible to take the 

modified basic firefighting course 15.

This does not create a change in the number 

of affected master (limited) and mate (pilot) 

applicants each year due to a consistent percentage of inland waters and Western Rivers 

towing vessels from the total population. 

Cost Savings 

Associated 

with a 12-hour 

Modified 

Basic Firefighting Training Course.

Cost savings resulting from reduced tuition and 

course time.

Cost savings resulting from reduced tuition, 

course time, and a reduction in travel expenses for applicants driving to and lodging 

near a training provider.

We report additional annualized undiscounted 

cost savings by including previously unrealized cost savings for applicants who would 

drive and lodge near a training provider.16

Delayed Effective Date of 

Rule.

No delay in effective date of rule ...................... Effective date of rule delayed by 180 days to 

allow time for training providers to develop 

and Coast Guard to approve new modified 

basic firefighting courses.

This change does not impact our cost savings 

estimates. In this final rule, we are delaying 

the rule by 180 days to help accommodate 

the time needed to develop and approve the 

courses, but we do not anticipate courses 

will be readily available for the affected population of mariners within the first year of 

analysis, which is consistent with our assumption in the NPRM. 

Description of Regulatory Changes 

This rule results in two changes that 

have potential costs and potential cost 

savings. First, training providers will 

have the opportunity to develop a 

modified firefighting course and submit 

the course to the Coast Guard for 

approval. Consequently, this rule will 

initially result in costs to training 

providers for developing the course, and 

to the Federal Government for reviewing 

and approving the modified basic 

firefighting course. Second, applicants 

will likely experience cost savings by 

taking a shorter and less costly modified 

basic firefighting course rather than the 

longer basic firefighting course. 

Table 3 lists and describes the 

changes to 46 CFR part 11, subpart B. 

The changes contain costs and cost 

savings, as described above. Text that 

has been added is italicized, and text 

that has been deleted is stricken 

through. 

TABLE 3—SUMMARY OF CHANGES TO 46 CFR PART 11 SUBPART B AND IMPACTS

Section Changes in regulatory text Description of 

change Impact 

11.201(h)(1) .................... Applicants for an original officer endorsement in the following categories must 

present a certificate of completion from a 

firefighting course of instruction relevant 

to the endorsement being sought that has 

been approved by the Coast Guard. The 

firefighting course must have been completed within the past 5 years, or if it was 

completed more than 5 years before the 

date of application, the applicant must 

provide evidence of maintaining the 

standard of competence in accordance 

with the firefighting requirements for the 

credential sought.

This editorial change makes it clear that the 

required firefighting training should be 

based on the operating route of the endorsement sought.

This editorial change will not have any substantive impact and therefore will not impose any costs or cost savings. 

11.201(h)(2)(i) ................. All national officer endorsements as master 

or mate on seagoing vessels of 200 gross 

register tons (GRT) or more.

This editorial change makes the text easier 

to read and makes it consistent with other 

lines in this section.

This editorial change will not have any substantive impact and therefore will not impose any costs or cost savings. 

11.201(h)(3)(i) ................. All officer endorsements as master on vessels of less than 500 gross tonnage (GT) 

in ocean service.

This editorial change makes the text easier 

to read and makes it consistent with other 

lines in this section.

This editorial change will not have any substantive impact and therefore will not impose any costs or cost savings. 


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17Coast Guard does not have data to forecast the 

number of mariners who will seek an increase in 

scope in the future. Additionally, we did not 

receive any additional information from the public 

comments that would aid in our ability to forecast. 

TABLE 3—SUMMARY OF CHANGES TO 46 CFR PART 11 SUBPART B AND IMPACTS—Continued 

Section Changes in regulatory text Description of 

change Impact 

11.201(h)(3)(ii) ................ All officer endorsements for master or mate 

(pilot) of towing vessels for service on 

near-coastal waters, except apprentice 

mate (steersman) of towing vessels.

This editorial change makes it clear that applicants for master or mate (pilot) of towing vessel endorsements on near-coastal 

waters must take a basic firefighting 

course.

This editorial change will not have any substantive impact because these applicants 

were already required to take a basic firefighting course. 

11.201(h)(3)(iii) ............... (iii) All officer endorsements for master or 

mate (pilot) of towing vessels for service 

on Great Lakes, except apprentice mate 

(steersman) of towing vessels.

This editorial change makes it clear that applicants for master or mate (pilot) of towing vessel endorsements on Great Lakes 

must take a basic firefighting course.

This editorial change will not have any substantive impact because these applicants 

were already required to take a basic firefighting course. 

11.201(h)(3)(iv) ............... (iv) All officer endorsements as master or 

mate (pilot) of towing vessels for service 

on inland waters or Western Rivers, except apprentice mate (steersman) of towing vessels.

This editorial change makes it clear that applicants for master or mate (pilot) of towing vessel endorsements on inland waters 

or Western Rivers routes must take a 

basic firefighting course.

This editorial change will not have any substantive impact because these applicants 

were already required to take a basic firefighting course. 

11.201(h)(3)(iv)(A) .......... (A) The Coast Guard will accept a Coast 

Guard-approved modified basic firefighting course, which is the basic firefighting training described in paragraph 

(h)(3) of this section modified to only 

cover the equipment, fire prevention procedures, and firefighting operations required on towing vessels on inland waters 

or Western Rivers routes required in 46 

CFR parts 140 and 142. A mariner who 

completes this modified course will be 

issued an endorsement that is restricted 

to inland waters or Western Rivers.

These changes permit master or mate 

(pilot) applicants operating exclusively on 

inland waters or Western Rivers routes, 

other than the Great Lakes, to take a 

modified basic inland waters and Western 

Rivers towing vessel firefighting course as 

opposed to basic firefighting course when 

they apply for endorsements on inland 

waters or Western Rivers.

This will lead to costs and costs savings. 

Costs result from training providers developing a modified firefighting course and 

submitting the course to the Coast Guard 

for approval, which will cost an estimated 

$8,738 to the training providers and an 

estimated $16,669 to the government for 

review and approval of the course in the 

first year. Training providers will need to 

seek a renewal of their course approval in 

year 6, resulting in $1,047 in costs to 

training providers and $11,981 in costs to 

the Coast Guard. Estimated cost savings 

will come from applicants for towing vessel master (limited) or mate (pilot) endorsements spending fewer hours in 

training and less money on tuition and 

travel, resulting in an estimated $189,869 

in annual cost savings discounted at 7% 

in 2021 dollars. 

11.201(h)(3)(iv)(B) .......... (B) To increase in scope to Great Lakes, 

near-coastal or oceans, the applicant will 

be required to complete the firefighting 

course appropriate to the route sought.

This change is a rewording of existing 

§ 11.201(h)(4) to make the text of 

§ 11.201(h) easier to read.

While this new clause is a restatement of 

the requirements currently existing in 

§ 11.201(h)(4), there could be a cost impact because mariners could apply for an 

endorsement for inland waters or Western 

Rivers with a modified basic inland waters 

and Western Rivers towing vessel firefighting course approved under 

11.201(h)(3)(iv)(A), and later request an 

increase in scope to Great Lakes requiring the mariner to complete a basic firefighting course. Because the mariner 

would need to take the basic firefighting 

course, they would spend approximately 

$552.54 on the tuition for the course. Additionally, they would spend 16 hours taking the course, and the travel time to get 

to and from the course. However, the 

Coast Guard cannot forecast who would 

seek an increase in scope or how frequently this would occur.17

11.201(l) .......................... (l) Restrictions. The Coast Guard may modify the service, training, and examination 

requirements in this part to satisfy the 

unique qualification requirements of an 

applicant or distinct group of mariners. 

The Coast Guard may also lower the age 

requirement for OUPV applicants. The 

authority granted by an officer endorsement will be restricted to reflect any modifications made under the authority of this 

paragraph.

The addition of the word ‘‘training’’ in this 

paragraph allows the Coast Guard to 

modify the training requirements based 

on the unique qualification requirements 

of a group of mariners, which we have 

not previously done.

Without the addition of the word ‘‘training’’, 

the Coast Guard will not be able to modify training requirements for specific 

groups of mariners based on their unique 

qualifications, and the cost savings will 

not be attainable. The addition also permits the Coast Guard, in the future, to 

modify training requirements for other 

specific groups of mariners. We do not intend to modify other training requirements 

at this time. As such, we do not estimate 

any costs or cost savings from this 

change. 

Affected Population 

This rule has two affected 

populations: (1) training providers who 

would offer a modified basic firefighting 

course; and (2) applicants for MMC 

endorsements as a master of towing 

vessels (limited) or mate (pilot) of 

towing vessels on inland waters or 

Western Rivers routes. We first estimate 

the number of training providers who 

may submit a modified basic firefighting 

course to the Coast Guard for approval, 

and then estimate the number of 

applicants who may apply for an 


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18https://www.dco.uscg.mil/Portals/9/NMC/pdfs/ 

courses/courses.pdf lists all courses approved by 

the Coast Guard. There are 91 training providers 

approved to offer basic firefighting courses. 

19See Section IV, Background, of the NPRM 

titled, ‘‘Towing Vessel Firefighting Training’’ (86 FR 

48925, September 1, 2021. To view the NPRM, go 

to www.regulations.gov, type USCG 2020–0492 in 

the search box, and click ‘‘Search.’’ Next click on 

the ‘‘Browse Documents’’ tab. Then, click on 

proposed rule document. This website was last 

accessed on April 6, 2023. 

20See final rule titled, ‘‘Implementation of the 

Amendments to the International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, and Changes to 

National Endorsements’’ (78 FR 77796, December 

24, 2013). 

21Current Coast Guard NVICs can be found at: 

https://www.dco.uscg.mil/Our-Organization/NVIC/ 

Year/2010/. (On this site ‘‘click on ‘‘NVIC 03–16.’’ 

This website was last accessed on April 24, 2023.) 

NVIC 03–16 was updated in September 2020, and 

the discussion about grandfathering was removed 

because the grandfathering period had expired. The 

original NVIC was published June 23, 2016, and can 

be found here: https://www.regulations.gov/ 

document/USCG-2016-0611-0001. This website was 

last accessed on April 24, 2023. 

22Coast Guard SMEs estimate that nearly all 

master or mate (pilot) applicants would have begun 

sea service prior to March 24, 2014. 

endorsement as master of towing vessels 

(limited) or mate (pilot) of towing 

vessels operating on inland waters or 

Western Rivers. 

The Coast Guard does not know how 

many training providers will request 

approval for a modified basic 

firefighting course. However, since this 

course will be a modified form of the 

basic firefighting course, we assume that 

only training providers who already 

teach a basic firefighting course will 

take advantage of the opportunity 

provided by this proposal. Currently, 

there are 91 training providers approved 

to offer a basic firefighting course.18

Historically, the number of training 

providers does not significantly change 

on an annual basis. Therefore, we 

expect that the training providers who 

will offer a modified firefighting course 

will be from these 91 training providers. 

An SME from the Coast Guard’s Office 

of Merchant Mariner Credentialing (CG– 

MMC) with extensive experience, 

involving regular contact with maritime 

training providers and towing vessel 

operating companies, reviewed publicly 

available materials from these 91 

providers and rated each on how likely 

they would be to request approval of a 

modified basic firefighting course. The 

SME considered the types of courses 

offered by each provider, their facilities, 

geographic location(s), and the segment 

of the industry their clientele work in. 

The SME then rated each training 

provider as either 0 percent, 25 percent, 

50 percent, 75 percent, or 100 percent 

likely to request approval of a modified 

basic firefighting course. Across the 91 

training providers with an approved 

basic firefighting course, 56 of them 

were rated as having no likelihood of 

requesting approval to offer a modified 

firefighting course because the SME’s 

review indicated that they are unlikely 

to serve the inland towing population. 

Among the remaining 35 providers, the 

SME estimated that the average 

likelihood to request approval and offer 

a modified basic firefighting course 

would be 65 percent. Multiplying 35 by 

65 percent yields 23, rounded, or our 

estimate for the number of training 

providers likely to offer a modified 

firefighting course. 

Applicants for a national officer 

endorsement as master of towing vessels 

(limited) or mate (pilot) of towing 

vessels on inland water or Western 

Rivers who take a modified course will 

realize a cost savings by taking a shorter, 

less expensive firefighting course. As 

discussed in Section IV, Background, of 

the published NPRM associated with 

this final rule,19 the Coast Guard issued 

a final rule in 2013 requiring mariners 

seeking national officer endorsements as 

master or mate (pilot) of towing vessels 

on routes other than oceans to complete 

a Coast Guard-approved basic 

firefighting course.20 Prior to the 2013 

final rule, only masters and mates 

(pilots) of towing vessels serving on an 

ocean route were required to complete 

firefighting training. 

Grandfathered Population 

This rule will affect applicants for 

endorsements of inland master of 

towing vessels (limited) if they do not 

have a prior endorsement as a mate 

(pilot) that required a firefighting 

course. The 2013 final rule established 

grandfathering provisions for which the 

Coast Guard provided guidance in 

Navigation and Vessel Inspection 

Circular (NVIC) 03–16, titled 

‘‘Guidelines for Credentialing Officers of 

Towing Vessels.’’ 21 As described in 

Enclosure 10 of NVIC 03–16, the Coast 

Guard grandfathered mariners applying 

for an original MMC endorsed as master 

or mate (pilot) of towing vessels on nonoceans routes who began sea service 

prior to March 24, 2014 and submitted 

an application prior to March 24, 2019. 

The grandfathering provisions 

established that applicants for original 

master or mate (pilot) endorsements on 

non-oceans routes prior to March 24, 

2019, were not required to take a 

firefighting course.22

Mariners raising the grade of their 

MMC endorsement from mate (pilot) to 

master of towing vessels were also 

grandfathered in under NVIC 03–16 and 

were not required to take a firefighting 

course. As a result of the grandfathering 

provisions, this rule will be applicable 

to new applicants for master of towing 

vessels (limited) or mate (pilot) of 

towing vessels endorsements. 

In order to qualify for an MMC 

endorsement as master of towing 

vessels, other than master of towing 

vessels (limited), an applicant must 

have prior sea service experience as 

either a mate (pilot) of towing vessels or 

a master of vessels greater than 200 

GRT. Holding the endorsement 

authorizing service in either of these 

capacities would have required the 

applicant to either take a firefighting 

course or be grandfathered in under 

NVIC 03–16. As a result, this rule does 

not impact applicants for an 

endorsement as master of towing vessels 

other than master of towing vessels 

(limited). 

Masters of towing vessels (limited) do 

not require prior sea service as a master 

or mate of vessels greater than 200 GRT. 

Therefore, this rule will affect 

applicants for endorsements of inland 

master of towing vessels (limited) if they 

do not have a prior endorsement as a 

mate (pilot) that required a firefighting 

course. Two towing vessel endorsement 

applicant groups are thus affected by 

this rule: (1) mate (pilot) of towing 

vessels, and (2) master of towing vessels 

(limited) with no prior endorsement as 

a mate (pilot). 

Affected Population of New Applicants 

The Coast Guard’s National Maritime 

Center (NMC) issues MMCs to 

applicants who meet the regulatory 

requirements for endorsements 

described in 46 CFR parts 11, 12, and 

13. Applicants for endorsements as 

master and mate (pilot) of towing 

vessels may be endorsed to operate on 

oceans, near coastal, Great Lakes and 

inland waters, or Western Rivers routes. 

The MMLD database is used by the 

NMC to issue MMCs and maintain 

records of U.S. merchant mariners. Data 

was obtained from the MMLD, for the 

period between 2015–2022, on each 

issuance of an original master or mate 

(pilot) of towing vessel endorsement, 

including when the endorsement was 

issued, and the authorized routes of 

operation. We excluded applicants for 

Great Lakes, near-coastal, or oceans 

routes, because applicants for 

endorsements on those routes are 

required to complete basic firefighting 

and will not be affected by the rule. 

Currently, Great Lakes and inland 

waters are issued as one route for 

towing vessel endorsements. With this 

rule, language is added to allow the 

separation of these two routes so that a 

mariner who completes the modified 


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23These data were retrieved from the Coast 

Guard’s Marine Information for Safety and Law 

Enforcement (MISLE) database in February 2023. 

Title 46 CFR subchapter M requires all towing 

vessels greater than 26 feet and those that transport 

hazardous materials to be inspected. 24Endorsement data for 2022 are currently 

incomplete; therefore, they are not included in our 

analysis. 

25Please see footnote 14 for more information 

about the why the numbers of inland waters and 

Western Rivers master (limited) and mate (pilot) 

applicants have increased from the NPRM. 

basic firefighting course could be issued 

an endorsement valid for inland waters 

or Western Rivers. Because towing 

vessel endorsements are currently 

issued for Great Lakes and inland 

routes, the Coast Guard cannot directly 

estimate from the MMLD data the 

number of masters and mates (pilots) of 

towing vessels operating exclusively on 

inland waters. However, we can 

estimate the number of towing vessels 

that operate on these waters based on 

data from towing vessel inspection 

records. 

As of 2023, 5,013 towing vessels have 

been inspected under 46 CFR 

subchapter M.23 When vessels are 

inspected, they must declare their 

operating route, which may include the 

Great Lakes, inland waters and Western 

Rivers. 

In order to isolate the vessels 

operating on the Great Lakes, we first 

reviewed the number of vessels that 

operate on the Great Lakes, inland 

waters, or Western Rivers, and then 

examined the number of vessels that list 

the Great Lakes as at least one of their 

routes. Specifically, out of the 5,013 

total towing vessels inspected under 46 

CFR subchapter M, 3,552 are recorded 

as one or more of the following routes: 

Great Lakes, inland waters, or Western 

Rivers. Of the 3,552 vessels, 169, or 5 

percent, rounded (169 ÷ 3,552 = 0.048), 

include the Great Lakes as one of their 

listed routes and, therefore, will require 

basic firefighting training, since they 

may operate on the Great Lakes. The 

remaining 95 percent, or 3,383 vessels, 

do not include the Great Lakes as one 

of their listed routes and, therefore, 

mariners serving on these vessels are 

eligible to take the modified basic 

firefighting course. 

Table 4 shows the number of 

endorsements issued from 2016–2019 

for master of towing vessels (limited) 

and mate (pilot) of towing vessels, 

respectively, endorsed to operate on the 

Great Lakes, inland waters, or Western 

Rivers routes.24 While we have data on 

the number of endorsements issued in 

2020 and 2021, we intentionally 

exclude 2020 and 2021 when 

calculating the average number of 

master (limited) and mate (pilot) towing 

vessel endorsements each year because 

of the impact of the COVID–19 

pandemic on all facets of the U.S. 

economy. Therefore, we do not believe 

the number of endorsements issued in 

2020 and 2021 represents a typical year, 

and many individuals who might 

ordinarily have pursued an 

endorsement did not because of the 

general slowdown in business 

associated with the pandemic. On 

average, between 2016 and 2019, the 

Coast Guard issued 16 master of towing 

vessels (limited) and 495 mate (pilot) of 

towing vessels endorsements per year, 

for a total of 511 new endorsements per 

year on Great Lakes, inland waters, and/ 

or Western Rivers routes. 

TABLE 4—ESTIMATED NUMBER OF NEW GREAT LAKES, WESTERN RIVERS, AND/OR INLAND WATERS MATE (PILOT) AND

MASTERS (LIMITED) ENDORSEMENTS ISSUED PER YEAR * 25

Year Mate (pilot) 

applicants 

Master 

(limited) 

with no mate 

(pilot) 

endorsement 

2016 ......................................................................................................................................................................... 615 19 

2017 ......................................................................................................................................................................... 530 17 

2018 ......................................................................................................................................................................... 423 15 

2019 ......................................................................................................................................................................... 410 11 

Average .................................................................................................................................................................... 495 16 

* Numbers may not add due to rounding. 

As seen in table 4, the number of 

individuals applying for an 

endorsement as mate (pilot) of towing 

vessels has been declining. The Coast 

Guard does not know specifically why 

fewer individuals have applied for an 

endorsement as mate (pilot) of towing 

vessels. It may be associated with 

grandfathering provisions provided in 

the 2013 final rule, which established 

grandfathering provisions for master 

and mate (pilot) of towing vessels. The 

2013 final rule could have caused 

applicants for master of towing vessels 

(limited) and mate (pilot) of towing 

vessels endorsements to seek an MMC 

earlier than they may have otherwise, in 

order to be grandfathered under the 

existing regulations. Additionally, the 

introduction of subchapter M in 2016 

may have led to a contraction in the 

industry. In either case, the Coast Guard 

believes that the current decline has 

been more severe than fundamentals 

would suggest, and, carrying forward, 

we expect the number of applicants to 

level off. The Coast Guard therefore 

utilized the 4-year average of the 

number of new towing vessel mate 

(pilot) applicants, or 495, and the 4-year 

average of the number of master 

(limited), or 16, to estimate that 511 

mariners apply to the Coast Guard for 

endorsements to operate on the Great 

Lakes, Western Rivers, or inland waters 

each year. 

Applying the percentage of vessels 

that do not operate on the Great Lakes 

(95 percent) to the estimated 511 annual 

new endorsements yields an estimated 

485 new endorsements as mate (pilot) of 

towing vessels or master of towing 

vessels (limited) operating in inland 

waters or Western Rivers per year, 

rounded (511 × 0.95 = 485). 

Costs 

The modified basic firefighting course 

for towing vessels on inland waters and 

Western Rivers will be a modified 

version of the basic firefighting course. 

Mariners are required to take a basic 

firefighting course, and this final rule 

permits some mariners to take the 

modified basic firefighting course in 

lieu of the basic firefighting course. As 

such, this rule presents no additional 

costs to mariners who will continue to 

operate on inland waters and Western 

Rivers. 

Before mariners could save hours 

spent in training and tuition for a basic 

firefighting course, by taking a modified 


ddrumheller on DSK120RN23PROD with RULES1
67976 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

26 Information provided by an SME from the 

Coast Guard’s NMC. 27https://www.bls.gov/oes/2021/may/ 

oes131151.htm. This website was accessed on April 

24, 2023. 28 Data on the employer cost of compensation was 

sourced from the ‘‘Employer Costs for Employee 

Compensation’’ one screen data search. We 

searched for both the total compensation and the 

wages and salaries of private industry workers in 

the ‘‘Educational Services Industry’’ yielding BLS 

series CMU2016100000000D for total compensation 

and series CMU2026100000000D for wages. To 

derive the cost of compensation per hour worked, 

the Coast Guard first took the average of the four 

quarters of total compensation or $49.86 and the 

average of the four quarters of wages and salaries 

of $36.01, rounded. We then divided the total 

compensation amount of $49.86 by the wage and 

salary amount of $36.01 to obtain the load factor of 

about 1.4 for ‘‘Educational Services’’ occupations, 

rounded (49.86 divided by 36.01 equals 1.4, 

rounded). To load the wage, the Coast Guard 

multiplied the estimated hourly wage of $32.51 by 

the loaded wage factor of 1.4 yielding $45.51, 

rounded, which accounts for the total cost of 

compensation per hour of work (32.51 multiplied 

by 1.4 equals 45.51). 

29https://www.opm.gov/policy-data-oversight/ 

pay-leave/salaries-wages/salary-tables/21Tables/ 

html/DCB_h.aspx. This website was last accessed 

on April 24, 2023. 

30Congressional Budget Office (2017), 

‘‘Comparing the Compensation of Federal and 

Private-Sector Employees, 2011 to 2015,’’ https://

www.cbo.gov/system/files/115th-congress-2017- 

2018/reports/52637-federalprivatepay.pdf. This 

document was last accessed on April 24, 2023. 

basic firefighting course, training 

providers will first need to obtain Coast 

Guard approval for the modified basic 

firefighting course. training providers 

submit course approval requests to the 

NMC in accordance with the 

requirements of 46 CFR, part 10, subpart 

D. The NMC then evaluates the course 

to ensure the content demonstrates 

comprehensive coverage of the 

firefighting knowledge and competency 

requirements of the training. If the 

course submission does not require 

edits or revisions, and is approved as 

submitted, the Coast Guard estimates 

that it would take a training specialist 

at a training provider 6 hours to develop 

and submit a request for course 

approval of a modified basic firefighting 

course.26

We used the Bureau of Labor 

Statistics’ (BLS) Occupational 

Employment Statistics NationalIndustry-Specific Occupational 

Employment and Wage Estimates for 

May 2021 ‘‘Training and Development 

Specialists’’ category to estimate the 

wages for the employees who would 

prepare and submit the course for Coast 

Guard approval, as these employees 

‘‘design and conduct training and 

development programs to improve 

individual and organization 

performance.’’ 27 The BLS estimates a 

training and development specialist’s 

mean hourly wages at $32.51. We apply 

a load factor to account for non-wage 

compensation and benefits, resulting in 

a fully loaded hourly wage of $45.51.28

If the submission does not require a 

request for additional information to 

supplement the course approval request, 

the Coast Guard estimates that a federal 

government employee, at a grade level 

of a General Schedule (GS)-7, will 

require 1 hour to process the receipt of 

the course approval submission. One 

federal employee, at a grade level of a 

GS–13, will spend 4 hours evaluating 

the course approval request; another 

federal employee, at a grade level of GS– 

13, will spend 0.5 hours reviewing the 

course; and a fourth federal employee, 

also at a grade level of GS–13, will 

spend 0.5 hours conducting a final 

review of the course. In total, the Coast 

Guard will spend 1 hour of GS–7 time 

and 5 hours of GS–13 time per course 

approval request if the submission does 

not require a request for additional 

information to supplement the course 

approval request. 

The impacted employees work in the 

Washington-Baltimore-Arlington, DC– 

MD–VA–WV–PA, area. The Office of 

Personnel Management (OPM) lists the 

hourly pay for federal employees in the 

Washington, DC area according to the 

Washington, DC GS pay tables.29 We 

estimate that the impacted employees 

will, on average, be at a step 5 pay, 

because that is the midpoint of the pay 

band. The OPM records the hourly pay 

of GS–7, step 5 employees as $26.69, 

and records the hourly pay of GS–13, 

step 5 employees as $56.31. These 

wages are not fully loaded, meaning 

they do not account for associated 

benefits. 

To account for the value of benefits to 

government employees, we first 

calculate the share of total 

compensation of federal employees 

accounted for by wages. The 

Congressional Budget Office (2017) 

reports total compensation to federal 

employees as $64.80 per hour and 

wages as $38.30.30 This implies that 

total compensation is 1.69 times the 

average wages ($64.80 ÷ $38.30 = 1.69). 

We can, therefore, calculate the fully 

loaded wage rate for the GS–7 and GS– 

13 hourly wage rates by multiplying by 

1.69, yielding $45.11 and $95.16, 

respectively. 

All 23 training providers that may 

offer a modified basic firefighting course 

must submit a course approval request 

to the Coast Guard for evaluation. We 

estimate the costs of this initial 

submission to industry and the Coast 

Guard as shown in table 5. 

TABLE 5—COSTS DUE TO INITIAL COURSE APPROVAL APPLICATIONS

Employee type Fully 

loaded wage 

Number of 

training 

providers 

Hours Total cost 

[A] [B] [C] [A * B * C] 

Training Provider Cost .................................. Training Specialist .............. 45.51 23 6 $6,280 

Government Cost .......................................... GS–7 .................................. 45.11 23 1 1,038 

Government Cost .......................................... GS–13 ................................ 95.16 23 5 10,943 

Total Government Cost .......................... ............................................ .......................... ........................ ........................ 11,981 

Total Cost ....................................... ............................................ .......................... ........................ ........................ 18,261 

It is common for training providers to 

submit insufficient supporting 

information with a course approval 

request to the Coast Guard. When this 

occurs, the Coast Guard requests 

additional information from the training 

provider. We reviewed NMC data on 

new course approval submissions over 5 

years (2018–2022) to determine how 

likely it is for a training provider to 

submit a course approval request 

without the Coast Guard requesting 

additional information. We reviewed 

NMC data on the total number of course 

approval applications received and the 

number of course approval applications 

that require additional information such 

as edits and revisions (see table 6). We 


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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67977 

31 Information provided by an SME from the 

Coast Guard’s NMC. 

32Numbers may not add due to rounding. 33According to SMEs from the Coast Guard’s 

Office of Merchant Mariner Credentialing. 

estimate that training providers provide 

incomplete information in their 

application packet 38 percent of the 

time. 

TABLE 6—COURSE APPROVAL REQUESTS RECEIVED WITH INSUFFICIENT INFORMATION

Year Course approval 

requests received 

Course approval 

requests received with 

insufficient information 

Percent of course approval 

requests with insufficient 

information 

[A] [B] [B ÷ A] 

2018 ............................................................................... 944 362 38 

2019 ............................................................................... 768 335 44 

2020 ............................................................................... 699 199 28 

2021 ............................................................................... 751 182 24 

2022 ............................................................................... 655 362 55 

Total ........................................................................ 3,817 1,440 38 

When training providers submit a 

course approval request with 

incomplete information, the Coast 

Guard will request that the training 

providers revise their course request 

and resubmit. The Coast Guard 

estimates that both the training provider 

and the Coast Guard will spend an equal 

number of hours on each resubmittal as 

they would on the initial submission. In 

other words, the training provider will 

spend 6 hours on an initial approval 

request and 6 hours on the resubmittal, 

for 12 hours total, and the Coast Guard 

will spend 1 GS–7 hour and 5 GS–13 

hours on the initial request, and 1 GS– 

7 hour and 5 GS–13 hours on the 

resubmittal, for 2 GS–7 hours and 10 

GS–13 hours total.31

Thus, the Coast Guard estimates that 

38 percent of the training providers, or 

9 training providers (23 × 0.38 = 9), will 

submit the request for course approval 

with incomplete information, requiring 

a second submission taking 6 hours to 

prepare for submission to the Coast 

Guard. Similarly, the Federal 

Government will spend an additional 1 

hour at grade level GS–7 and 5 hours at 

grade level GS–13 to review the 

information resubmitted for the course 

approval request. We estimate the costs 

of modified firefighting course 

approvals resubmissions as shown in 

table 7. 

TABLE 7—SUMMARY OF RESUBMISSION COSTS FOR MODIFIED FIREFIGHTING TRAINING COURSES

Employee type Hourly 

burdened wage 

Number of 

training 

providers 

Average hours Total cost 32

[A] [B] [C] [A * B * C] 

Training Provider Cost ................................. Training Specialist ............. $45.51 9 6 $2,458 

Government Cost ......................................... GS–7 ................................. 45.11 9 1 406 

Government Cost ......................................... GS–13 ............................... 95.16 9 5 4,282 

Total Government Cost ........................ ............................................ .......................... ........................ ........................ 4,688 

Total Cost ...................................... ............................................ .......................... ........................ ........................ $7,146 

We estimate the total costs to training 

providers from initial applications and 

any resubmissions to be approximately 

$8,738 ($6,280 + $2,458), and the total 

costs to government to be approximately 

$16,669 ($11,981 + $4,688). Together, 

we estimate the one-time costs of 

evaluating approval requests for the 

modified basic firefighting courses to be 

$8,738 + $16,669, or $25,407 during the 

first year of implementation. 

As discussed above, Coast Guard 

course approvals are valid for 5 years, 

and training providers must seek a 

renewal every 5 years to continue to 

offer the course. This course renewal 

will include a submission similar to that 

initially provided to and approved by 

the Coast Guard. Since the Coast Guard 

will have previously reviewed and 

approved the course submission, the 

Coast Guard estimates that it would take 

training providers less time to prepare 

all materials for the Coast Guard. 

Specifically, we estimate that the same 

training specialist who spent 6 hours on 

an initial course approval request will 

spend 1 hour on a renewal request, and 

the renewal request will be submitted 

without any revisions.33 We further 

estimate that all 23 providers will 

submit a request for renewal of a course 

approval, because, based on a review of 

previous course approval renewals, we 

do not expect a turnover in training 

providers. The Coast Guard, however, 

will spend the same amount of time 

reviewing the renewal requests as it 

spent with the initial approval request 

to ensure that the course still meets 

regulatory requirements, or 1 hour of 

GS–7 time and 5 hours of GS–13 time. 

These costs will occur 5 years after 

each approval, or in year 6. We estimate 

the course renewal costs as shown in 

table 8. The 10-year distribution of 

undiscounted and discounted costs 

from both the initial and renewal 

requests are recorded in table 9. 


ddrumheller on DSK120RN23PROD with RULES1
67978 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

34 Data on the price of firefighting training was 

only publicly available for 24 of the 91 approved 

training providers. Some of the training providers 

are private companies that train their own 

employees, some are in schools like the U.S. 

Merchant Marine Academy that teach basic 

firefighting to their own midshipmen but do not 

separate out the training, and others do not appear 

to offer basic firefighting training despite having an 

approval permitting them to teach it. 

35Master and mate rates were accessed on 

February 8, 2023 from: https://www.bls.gov/oes/ 

2021/may/oes535021.htm#ind. This website was 

last accessed on April 24, 2023. Sailor and Oiler 

rates were accessed on February 8, 2023 from: 

https://www.bls.gov/oes/2021/may/oes535011.htm. 

This website was last accessed on April 24, 2023. 

For both rates the hourly mean wage for the ‘‘Inland 

TABLE 8—COURSE RENEWAL SUBMISSION COST

Employee type Burdened 

wage 

Number of 

training 

providers 

Hours Total cost 

[A] [B] [C] [A * B * C] 

Training Provider Cost ..................................... Training Specialist ........... 45.51 23 1 $1,047 

Government Cost ............................................. GS–7 ............................... 45.11 23 1 1,038 

Government Cost ............................................. GS–13 ............................. 95.16 23 5 10,943 

Total Government Cost ............................. ......................................... .......................... ........................ ........................ 11,981 

Total Cost ........................................... ......................................... .......................... ........................ ........................ 13,028 

TABLE 9—DISCOUNTED COSTS OVER A 10-YEAR PERIOD OF ANALYSIS IN 2021 DOLLARS DISCOUNTED AT 7% AND 3% 

Year Undiscounted 

costs 

Discounted costs 

7% 3% 

1 ................................................................................................................................................... $25,407 $23,745 $24,667 

2 ................................................................................................................................................... 0 0 0 

3 ................................................................................................................................................... 0 0 0 

4 ................................................................................................................................................... 0 0 0 

5 ................................................................................................................................................... 0 0 0 

6 ................................................................................................................................................... 13,028 8,681 10,911 

7 ................................................................................................................................................... 0 0 0 

8 ................................................................................................................................................... 0 0 0 

9 ................................................................................................................................................... 0 0 0 

10 ................................................................................................................................................. 0 0 0 

Total ...................................................................................................................................... 38,435 32,426 35,577 

Annualized ..................................................................................................................... ........................ 4,617 4,171 

Benefits 

The primary benefits of the rule come 

from the cost savings to mariners in 

terms of reduced time spent in training 

and in reduced tuition. The modified 

course content will eliminate the 

requirement for training using certain 

firefighting equipment that is not 

required to be carried on towing vessels 

operating on inland waters or Western 

Rivers. Therefore, the modified basic 

firefighting course will be shorter, and 

likely less expensive, than the basic 

firefighting course. Thus, a mariner will 

likely prefer to take a modified basic 

firefighting course instead of a basic 

firefighting course. Some mariners may 

prefer to take the basic firefighting 

course if they are considering the 

possibility of working on the Great 

Lakes, near coastal waters, or ocean 

routes in the future. However, we do not 

have data to forecast how many of these 

mariners might opt, in the future, to take 

the basic firefighting course when they 

apply for the endorsement as master 

(limited) of towing vessels or mate 

(pilot) of towing vessels on inland 

waters or Western Rivers. Because the 

modified basic firefighting course will 

be shorter, less expensive, and located 

in the same area as the basic firefighting 

course, and because only a small 

portion of mariners operate in the Great 

Lakes (5 percent), and we already 

account for them, we assume all 

mariners eligible to take a modified 

basic firefighting course will do so. 

The basic firefighting training costs 

$552.54, on average, and lasts 16 

hours.34 The Coast Guard estimates that 

the modified basic firefighting course 

will be 4 hours shorter than the current 

16-hour basic firefighting course. For 

the purposes of our analysis, we assume 

the modified basic firefighting course 

will be less expensive than the basic 

firefighting course, because it will 

require fewer resources to host, result in 

less wear and tear on the facility, and 

require fewer hours of an instructor’s 

time. As a result, we assume that tuition 

will decline proportionally with course 

length. 

In the affected population section, we 

estimate that 485 individuals will apply 

for an MMC endorsement as master of 

towing vessels (limited) or mate (pilot) 

of towing vessels on inland waters or 

Western Rivers each year and will be 

eligible to take the modified basic 

firefighting course in lieu of the basic 

firefighting course. Therefore, these 

applicants will save 4 hours of their 

time and the difference in costs between 

the basic firefighting tuition and the 

modified basic firefighting course 

tuition. 

The Coast Guard estimates that these 

485 applicants will be mariners who 

hold an MMC endorsement as 

apprentice mate (steersman), which is a 

position between ordinary seaman and 

mate. The BLS does not have a labor 

category for apprentice mate 

(steersman); however, the BLS 

Occupational Employment Statistics 

National-Industry-Specific 

Occupational Employment and Wage 

Estimates for May 2021 lists the mean 

hourly wages for both ‘‘Captains, Mates, 

and Pilots of Water Vessels’’ and 

‘‘Sailors and Marine Oilers.’’ 35 As an 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67979 

Water Transportation’’ industry was used as this 

best approximates the wages of towing vessel 

masters, mates, and deckhands. The reader can find 

this wage rate under the ‘‘Industry Profile’’ section 

of each web page. 

36More specifically, [($55.32 divided by 3) plus 

($26.44 multiplied by 2⁄3)] which equals $36.07. 

37 Data on the employer cost of compensation was 

sourced from the ‘‘Employer Costs for Employee 

Compensation’’ one screen data search. We 

searched for both the total compensation and the 

wages and salaries of private industry workers in 

the ‘‘Transportation and Warehousing Industry’’ 

yielding BLS series CMU2014300000000D for total 

compensation and series CMU2024300000000D for 

wages. To derive the cost of compensation per hour 

worked, the Coast Guard first took the average of 

the four quarters of total compensation or $40.79 

and the average of the four quarters of wages and 

salaries of $26.98, rounded. We then divided the 

total compensation amount of $40.79 by the wage 

and salary amount of $26.98 to obtain the load 

factor of about 1.5 for ‘‘Transportation and 

Warehousing’’ occupations, rounded ($40.79 

divided by $26.98 equals 1.5, rounded). To load the 

wage, the Coast Guard multiplied the estimated 

hourly wage of $36.07 by the loaded wage factor of 

1.5 yielding $54.11, rounded, which accounts for 

the total cost of compensation per hour of work 

($36.07 multiplied by 1.5 equals $54.11). 

apprentice mate (steersman) is a 

position between ordinary seaman and 

mate, we derive their wages by taking a 

weighted average mean hourly wage of 

both ‘‘Captains, Mates, and Pilots of 

Water Vessels’’ and ‘‘Sailors and Marine 

Oilers’’ operating in the ‘‘Inland Water 

Transportation’’ industry. We take a 

weighted average because the duties and 

responsibilities of an apprentice mate 

(steersman) are more like that of sailor 

than of a mate. Consequently, we rate 

the sailor’s wage more heavily than we 

weight the mate’s wage. Specifically, we 

estimate the mean hourly wage of an 

apprentice mate (steersman) by taking 

one-third of the average mate’s mean 

hourly wage ($55.32) and two-thirds of 

the average sailor’s mean hourly wage 

($26.44), yielding $36.07 per hour, 

rounded.36 We then apply a load factor 

to account for non-wage compensation 

and benefits, which results in a fully 

loaded mean hourly wage of $54.11.37

Therefore, we estimate the annual 

undiscounted cost savings for taking 

shorter courses to be approximately 

$104,973 [(485 endorsements × 4 (the 

number of hours saved) × $54.11 (the 

burdened wage)]. 

Applicants for MMC endorsements as 

master of towing vessel (limited) and 

mate (pilot) of towing vessels will also 

save the difference between the tuition 

for the less expensive, modified basic 

firefighting course and the basic 

firefighting course. If we use the tuition 

for the basic firefighting course, 

$552.54, as the cost of 16 hours of 

firefighting instruction, then 12 hours of 

instruction would be $414.41, rounded 

[($552.54 × (12 ÷ 16) = $414.41)]. The 

cost savings for the modified basic 

firefighting course due to reduced 

tuition would be $138.13 

($552.54¥$414.41 = $138.13) or 

$66,993 total ($138.13 × 485 = $66,993), 

rounded. 

In addition, applicants for MMC 

endorsements as master of towing vessel 

(limited) and mate (pilot) of towing 

vessels who drive and lodge near the 

closest training provider offering a 

modified basic firefighting training 

course will save on travel expenses due 

to the shortened class time on the 

second day of training. Because the 

second day of training only involves a 

half day or 4 hours of training, we 

assume that applicants who would drive 

and lodge would be able to use the 

remainder of the day to travel home, 

rather than lodge for an additional night 

and return home the following day. As 

a result, we estimate a total savings of 

$47,045 in travel expenses from the 

removal of 1 day of lodging and reduced 

meals and incidentals. See Appendix A 

in the docket for an in-depth analysis of 

the cost savings associated with reduced 

travel expenses. In total, applicants for 

master of towing vessels (limited) and 

mate (pilot) of towing vessels on inland 

waters or Western Rivers routes will 

save an average of $219,011 per year— 

$104,973 from reduced hours spent in 

courses, $66,993 from reduced tuition, 

and $47,045 from reduced travel 

expenses. 

Because courses must be Coast Guardapproved before they can be offered to 

mariners, and developing a new course 

and obtaining approval from the Coast 

Guard can be a lengthy process, we are 

delaying the effective date of the rule by 

180 days. This will allow time both for 

training providers to develop a modified 

basic firefighting course and the Coast 

Guard to evaluate and approve the 

courses prior to the effective date. 

However, we assume that a modified 

firefighting course will not be widely 

available until the second year of 

analysis. We show the 10-year 

distribution of cost savings in table 10. 

TABLE 10—DISCOUNTED COST SAVINGS OVER A 10-YEAR PERIOD OF ANALYSIS IN 2021 DOLLARS AT 7% AND 3% 

Year Undiscounted 

cost savings 

Discounted cost savings 

7% 3% 

1 ................................................................................................................................................... ........................ ........................ ........................

2 ................................................................................................................................................... $219,011 $191,293 $206,439 

3 ................................................................................................................................................... 219,011 178,778 200,426 

4 ................................................................................................................................................... 219,011 167,082 194,588 

5 ................................................................................................................................................... 219,011 156,152 188,921 

6 ................................................................................................................................................... 219,011 145,936 183,418 

7 ................................................................................................................................................... 219,011 136,389 178,076 

8 ................................................................................................................................................... 219,011 127,466 172,889 

9 ................................................................................................................................................... 219,011 119,127 167,854 

10 ................................................................................................................................................. 219,011 111,334 162,965 

Total ...................................................................................................................................... 1,971,099 1,333,558 1,6558,576 

Annualized ..................................................................................................................... ........................ 189,869 194,084 

Unquantified Benefits of the Rule 

There is no data to quantify any 

additional benefits beyond the cost 

savings estimated and noted above. 

However, a qualitative benefit of this 

rule is that there will be firefighting 

courses that are more tailored to the 

credential endorsement. 

Analysis of Alternatives 

In addition to our preferred 

alternative, which is discussed 

throughout the remainder of this RA, we 

considered three additional alternatives: 

(1) No action, or maintaining the 

requirement that masters and mates 

(pilots) of towing vessels be required to 

take a basic firefighting course. With 


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this alternative, applicants would not 

benefit from a shorter, modified basic 

firefighting course. Therefore, there 

would be no cost savings. We rejected 

the no-action alternative because it 

would not create cost savings for 

mariners seeking an endorsement for 

master or mate (pilot) of towing vessels 

on inland waters or Western Rivers. 

(2) We also considered an alternative 

from a comment submitted during our 

request for feedback. This commenter 

recommended that the Coast Guard 

eliminate the approved training 

requirement and rely instead on drills 

required by existing regulations to 

ensure mariner competence in 

firefighting. Proponents of this 

alternative are likely to argue that the 

absence of a training requirement could 

lead to cost savings from: (1) no longer 

traveling to, paying for, or spending 

time in the training. However, the Coast 

Guard believes this alternative has 

serious drawbacks. First, as noted 

earlier, firefighting training ensures that 

mariners have fundamental firefighting 

and emergency skills that allow for 

effective fire prevention and the quick 

extinguishment of small fires that could 

otherwise spread and lead to property 

damage and personnel injury or death. 

Without the training, the Coast Guard 

cannot be sure that mariners would 

have the necessary skills to combat fires 

should they occur on vessels. Second, 

instructors in courses that are approved 

by the Coast Guard are required to have 

experience or training in effectively 

delivering course material. Third, the 

content of company managed training 

and drills would likely be less intensive 

and exhaustive than what training 

providers will offer. Firefighting courses 

include live fire exercises and practical 

experience identifying potential fire 

hazards and extinguishing live fires. As 

part of approved training, these types of 

activities take place in a controlled 

environment, allowing students to meet 

learning objectives while keeping them 

safe from the associated hazards. These 

practical exercises cannot be carried out 

on an operational vessel. Fourth, it is 

common for mariners to work on 

different vessels and for different 

companies. There is a need for the 

common foundational training that a 

Coast Guard-approved course provides. 

While individuals no longer being 

required to take a firefighting course 

may view this as a benefit via cost 

savings, the Coast Guard views this as 

unacceptably decreasing the quality of 

firefighting skills and decreasing the 

safety of the inland waters and Western 

Rivers towing vessel fleet. 

Taken together, these four findings 

would lower the safety and 

preparedness of the inland waters and 

Western Rivers towing vessel fleet 

substantially. Therefore, the Coast 

Guard rejected this alternative. 

(3) The third alternative we 

considered was permitting firefighting 

training specific to inland waters and 

Western Rivers towing vessels but 

requiring the new training to have the 

same 16 hours of coursework and cover 

additional topics and situations 

common to inland waters and Western 

Rivers towing vessels not previously 

required by regulation. While the 

addition of topics for training could be 

beneficial, the Coast Guard has no data 

or feedback to support its impact on 

safety. Additionally, the Coast Guard 

believes training providers will have 

little incentive to undergo the expense 

of developing a firefighting course that 

will not provide cost savings to 

mariners. 

Both courses would occur over 2 

days. In the 16-hour course suggested by 

this alternative, the mariner would 

likely experience a cost savings from 

reduced tuition because there would be 

fewer equipment needs used for the 

training; however, we do not have a way 

to estimate the size of this reduction in 

fees. This reduction in fees would 

almost certainly be less than the 

reduction in fees for a 12-hour course 

instead of a 16-hour course, because the 

instructors would spend more hours in 

class under the 16-hour course. 

Additionally, a 16-hour course would 

not result in the cost savings from the 

4-hour reduced training duration, 

estimated at $104,973 annually. As a 

result, the Coast Guard rejected this 

alternative because it did not lead to the 

highest cost savings. 

Net Cost Savings 

As documented above, there will be 

costs to training providers and the Coast 

Guard, and cost savings to mariners who 

will have the option to complete a 

modified basic firefighting course. Table 

11 presents the net cost savings to 

mariners and the Government over a 10- 

year period of analysis, in 2021 dollars. 

TABLE 11—DISCOUNTED NET COST SAVINGS OVER A 10-YEAR PERIOD OF ANALYSIS IN 2021 DOLLARS AT 7% AND 3% 

Year Undiscounted 

cost savings 

Discounted cost savings 

7% 3% 

1 ................................................................................................................................................... ¥$25,407 ¥$23,745 ¥$24,667 

2 ................................................................................................................................................... 219,011 191,293 206,439 

3 ................................................................................................................................................... 219,011 178,778 200,426 

4 ................................................................................................................................................... 219,011 167,082 194,588 

5 ................................................................................................................................................... 219,011 156,152 188,921 

6 ................................................................................................................................................... 205,983 137,255 172,508 

7 ................................................................................................................................................... 219,011 136,389 178,076 

8 ................................................................................................................................................... 219,011 127,466 172,889 

9 ................................................................................................................................................... 219,011 119,127 167,854 

10 ................................................................................................................................................. 219,011 111,334 162,965 

Total ...................................................................................................................................... 1,932,664 1,301,133 1,619,999 

Annualized ..................................................................................................................... ........................ 185,252 189,913 

B. Small Entities 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises 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. 

As described in section VI. A., 

Regulatory Planning and Review, there 

will be two affected populations: (1) 

training providers who develop and 

submit a course to the Coast Guard for 

approval, and (2) applicants for master 


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38 In the Affected Population section, we 

estimated that 23 providers will most likely be 

impacted by this rule based on their location and 

other factors. While we estimated that 23 providers 

will be most likely impacted, we identified 35 

providers that might offer a modified basic 

firefighting course. For the purposes of the 

regulatory flexibility analysis, and because we did 

not know with certainty which of the 35 training 

providers will be impacted, we reviewed the 

potential costs to any of 35 entities to see if this rule 

will be likely to have a substantial impact on small 

entities. These 35 training providers are available in 

the docket where indicated under the ADDRESSES

portion of the preamble (See Table A1: Basic 

Firefighting Training Providers, Course Cost, and 

Likelihood to Offer a Modified Basic Firefighting 

Course). 

39See footnote 26 for a calculation of the 

burdened wage rate for training and development 

specialists. 6 hours × $45.51 per hour is $273.06, 

while 12 hours × $45.51 per hour is $546.12. 

40We were not able to identify revenue 

information for the 4 nonprofit small entities and 

for 6 firms we identified as small businesses. 

of towing vessels (limited) and mate 

(pilot) of towing vessels operating on 

inland waters or Western Rivers. 

Applicants are individuals and not 

entities; as such, the second affected 

population does not contain any small 

entities. 

Of the 91 training providers approved 

to offer a basic firefighting course, the 

Coast Guard identified 35 training 

providers who might submit requests for 

course approval to teach a modified 

firefighting course.38 Of these 35 

providers: 

• 13 are public agencies, none of 

which are classified as small entities; 

• 4 are non-profit organizations, and 

all 4 are classified as small entities; 

• 18 are private companies. Of these, 

4 are not classified as small businesses, 

8 are classified as small businesses, and 

6 could not be classified because 

information could not be found on those 

6 businesses. We classify those 6 

businesses, where information could not 

be found, as small entities. 

In total, we classified 18 of 35 entities 

as small entities. Table 12 lists the 

North American Industry Classification 

System (NAICS) codes and size 

standards used to determine whether 

entities are small and the numbers of 

small entities. 

TABLE 12—SIZE STANDARDS AND THE AFFECTED ENTITIES

NAICS U.S. industry title NAICS 

code Size standard Number of entities 

Number of 

small 

entities 

Small Government Jurisdiction.N/A ‘‘governments of cities, counties, towns, townships, villages, school districts, or special districts with a population of less than 50,000’’.13 0 

Small Organization ......... N/A ‘‘any not-for-profit enterprise that is independently owned and operated and 

not dominant in its field’’.

4 4 

Crude Petroleum Extraction.211120 1,250 employees ............................................................................................ 1 0 

Inland Water Freight 

Transportation.

483211 750 employees ............................................................................................... 1 1 

Inland Water Passenger 

Transportation.

483212 500 employees ............................................................................................... 1 0 

Navigational Services to 

Shipping.

488330 $41.5 million in revenue ................................................................................. 2 1 

Human Resources Consulting Services.541612 $16.5 million in revenue ................................................................................. 1 1 

Business and Secretarial 

Schools.

611410 $8 million in revenue ...................................................................................... 1 1 

Other Technical and 

Trade Schools.

611519 $16.5 million in revenue ................................................................................. 3 3 

Sports and Recreation 

Instruction.

611620 $8 million in revenue ...................................................................................... 1 1 

Ambulance Services ....... 621910 $16.5 million in revenue ................................................................................. 1 0 

Firms Where the Industry 

Could not be Identified.

N/A N/A .................................................................................................................. 6 6 

Total ........................ ................ ......................................................................................................................... 35 18 

As shown in the Costs section of this 

RA, we estimate that it takes either 6 

hours to prepare and submit a course 

approval request for a modified basic 

firefighting course or 12 hours if the 

course approval request requires 

additional information and 

resubmission. A training and 

development specialist’s time is valued 

at a burdened rate of $45.51, for a total 

cost of either $273.06, or $546.12.39 For 

this rule to impose a significant impact 

on a small entity, the impact would 

have to be greater than 1 percent (.01) 

of a small entity’s annual revenue. That 

is, for this rule to have a significant 

economic impact on an entity, the 

entity’s annual revenue has to be less 

than $54,612 ($546.12 ÷ 0.01 = $54,612). 

Out of the 8 small entities for which we 

had revenue information, none had 

annual revenue under $54,612. Table 13 

indicates the distribution of revenue 

impacts for the small entities for which 

we were able to identify revenue 

information.40

TABLE 13—DISTRIBUTION OF REVENUE IMPACTS

Percent of revenue impact Average 

annual impact 

Small entities 

with known 

revenue 

Portion of small 

entities with 

known revenue 

<1% ................................................................................................................................ $546.12 8 100 

1–3% .............................................................................................................................. 546.12 0 0 


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TABLE 13—DISTRIBUTION OF REVENUE IMPACTS—Continued 

Percent of revenue impact Average 

annual impact 

Small entities 

with known 

revenue 

Portion of small 

entities with 

known revenue 

>3% ................................................................................................................................ 546.12 0 0 

Therefore, based on this analysis, the 

Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, we offer to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of federal employees who 

enforce, or otherwise determine 

compliance with, federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 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). 

D. Collection of Information 

This rule calls for a change to the 

existing information collection (OMB 

Control Number 1625–0028) 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 those who 

must collect the information, and an 

estimate of the total annual burden 

follow. The estimate covers the time for 

reviewing instructions, searching 

existing sources of data, gathering, and 

maintaining the data needed, and 

completing and reviewing the 

collection. 

Title: Course Approval and Records 

for Merchant Mariner Training Schools. 

OMB Control Number: 1625–0028. 

Summary of the Modification to the 

Collection of Information: This rule 

permits training providers to offer a new 

course, approved under 46 CFR 10.402 

and 10.403, by permitting inland waters 

and Western Rivers towing vessel 

master and mate (pilot) applicants to 

take a modified basic course in lieu of 

a basic firefighting course. 

Need for Information: The Coast 

Guard will need to receive a course 

approval submission from training 

providers who will offer a modified 

basic inland waters and Western Rivers 

towing vessel firefighting course. 

Proposed Use of the Information: The 

collection of information is intended to 

ensure that training providers meet the 

regulatory requirements for the courses 

that they offer. 

Description of the Respondents: The 

respondents are training providers 

wishing to offer a modified basic inland 

waters and Western Rivers towing 

vessel firefighting course. 

Number of Respondents: The Coast 

Guard estimates that there will not be 

any additional respondents, because the 

training providers requesting approval 

of a modified basic inland waters and 

Western Rivers towing vessel 

firefighting course already have other 

courses approved by the Coast Guard. 

As such, the Coast Guard expects there 

will be no additional respondents 

because the respondents are already 

included in the collection of 

information. Out of the 315 current 

annual respondents for OMB Control 

Number 1625–0028, 91 are currently 

approved to offer a basic firefighting 

course. Based on information provided 

by an SME from the Coast Guard’s 

Office of Merchant Mariner 

Credentialing, we estimate that 23 of the 

91 training providers offering a basic 

firefighting course will likely request 

approval of a modified basic inland 

waters and Western Rivers towing 

vessel firefighting course. 

Frequency of Response: We expect 

that 62 percent of the training providers 

will request course approval and not 

need to provide additional information, 

and the other 38 percent will request 

course approval and need to provide 

additional information. The Coast Guard 

expects these requests to happen in the 

first year. Therefore, we estimate that 

there will be 32 additional responses 

from this rule (23 initial submissions, 

plus 9 submissions of additional 

information). 

Burden of Response: Out of the 32 

responses, the Coast Guard estimates 

that 23 will take 6 hours to request 

approval of a modified basic inland 

waters and Western Rivers towing 

vessel firefighting course because the 

training provider’s submission complies 

with Coast Guard policies and 

regulations. Another 9 responses will 

take an additional 6 hours because the 

course package will need to be revised 

and resubmitted. 

Estimate of Total Annual Burden: All 

32 responses will take 6 hours to 

complete. Consequently, the Coast 

Guard estimates that 32 × 6, or 192 

hours, will be incurred by training 

providers in requesting new modified 

basic firefighting course approvals. 

As required by 44 U.S.C. 3507(d), we 

will submit a copy of this rule to OMB 

for its review of the collection of 

information. 

You are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. OMB has not yet completed its 

review of this collection. Once OMB 

completes action on our information 

collection request, we will publish a 

Federal Register notice describing 

OMB’s action. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism) if it has a substantial direct 

effect on States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under Executive 

Order 13132 and have determined that 

it is consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. Our analysis follows. 

It is well settled that States may not 

regulate in categories reserved for 

regulation by the Coast Guard. It is also 

well settled that all of the categories 

covered in 46 U.S.C. 7101 (personnel 

qualifications of officers serving on 

board merchant vessels), and any other 

category in which Congress intended 

the Coast Guard to be the sole source of 

a vessel’s obligations, are within the 

field foreclosed from regulation by the 

States. See, e.g., United States v. Locke, 


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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 67983 

41https://www.dhs.gov/sites/default/files/ 

publications/DHS_Instruction%20Manual%20023- 

01-001-01%20Rev%2001_

508%20Admin%20Rev.pdf. This document was 

last accessed on April 24, 2023. 

529 U.S. 89 (2000) (finding that the 

states are foreclosed from regulating 

tanker vessels) see also Ray v. Atlantic 

Richfield Co., 435 U.S. 151, 157 (1978) 

(state regulation is preempted where 

‘‘the scheme of federal regulation may 

be so pervasive as to make reasonable 

the inference that Congress left no room 

for the States to supplement it [or 

where] the Act of Congress may touch 

a field in which the federal interest is 

so dominant that the federal system will 

be assumed to preclude enforcement of 

state laws on the same subject.’’ 

(citations omitted)). Because this rule 

involves the credentialing of merchant 

mariner officers under 46 U.S.C. 7101, 

it relates to personnel qualifications for 

vessels subject to a pervasive scheme of 

federal regulation and is therefore 

foreclosed from regulation by the States. 

Because the States may not regulate 

within this category, this rule is 

consistent with the principles of 

federalism and preemption 

requirements in Executive Order 13132. 

While it is well settled that States may 

not regulate in categories in which 

Congress intended the Coast Guard to be 

the sole source of a vessel’s obligations, 

the Coast Guard recognizes the key role 

that State and local governments may 

have in making regulatory 

determinations. Additionally, for rules 

with federalism implications and 

preemptive effect, Executive Order 

13132 specifically directs agencies to 

consult with State and local 

governments during the rulemaking 

process. If you believe this proposed 

rule would have implications for 

federalism under Executive Order 

13132, please call or email the person 

listed in the FOR FURTHER INFORMATION

section of this preamble. 

Therefore, because the States may not 

regulate within these categories, this 

rule is consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. 

F. Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1531–1538, requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. 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 (adjusted for inflation) or 

more in any one year. Although this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630 (Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights). 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988 (Civil Justice Reform) to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045 (Protection of 

Children from Environmental Health 

Risks and Safety Risks). This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments), 

because it will not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use). We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act, codified as a 

note to 15 U.S.C. 272, directs agencies 

to use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through 

OMB, with an explanation of why using 

these standards would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

specifications of materials, performance, 

design, or operation; test methods; 

sampling procedures; and related 

management systems practices) that are 

developed or adopted by voluntary 

consensus standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev. 1,41

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

This rule is categorically excluded 

under paragraphs L52 and L56 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev.1. 

Paragraph L52 pertains to regulations 

concerning vessel operation safety 

standards and paragraph L56 pertains to 

regulations concerning the training, 

qualifying, and credentialing of 

maritime personnel. 

This rule revises the existing 

merchant mariner credentialing training 

requirements for national endorsements 

as master and mate (pilot) for towing 

vessels. The changes apply to mariners 

working on towing vessels inspected 

under 46 CFR subchapter M when 

operating on inland waters or Western 

Rivers routes. Under the rule, these 

mariners will only be required to 

complete training that is relevant to the 

firefighting equipment that is available 

on their vessels. This change promotes 

marine safety by focusing attention on 

the resources actually available to 

affected mariners. 

List of Subjects in 46 CFR Part 11 

Penalties, Reporting and 

recordkeeping requirements, Schools, 

Seamen. 

For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 11 as follows: 

■ 1. The authority citation for part 11 is 

revised to read as follows: 


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67984 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 

and 70105; E.O. 10173; DHS Delegation No. 

00170.1, Revision No. 01.3. Section 11.107 is 

also issued under the authority of 44 U.S.C. 

3507. 

■ 2. Amend § 11.201 by: 

■ a. Revising the first sentence of 

paragraph (h)(1) introductory text; 

■ b. Revising paragraphs (h)(2)(i), 

(h)(3)(i) and (ii); 

■ c. Adding paragraphs (h)(3)(iii) and 

(iv); and 

■ d. In paragraph (l), after the word 

‘‘service’’ and before the words ‘‘and 

examination’’ adding the text ‘‘, 

training’’. 

The revisions and additions read as 

follows: 

§ 11.201 General requirements for national 

and STCW officer endorsements. 

* * * * * 

(h) * * * 

(1) Applicants for an original officer 

endorsement in the following categories 

must present a certificate of completion 

from a firefighting course of instruction 

relevant to the endorsement being 

sought that has been approved by the 

Coast Guard. * * * 

(2) * * * 

(i) All national officer endorsements 

as master or mate on seagoing vessels of 

200 GRT or more. 

* * * * * 

(3) * * * 

(i) All officer endorsements as master 

on vessels of less than 500 GT in ocean 

service. 

(ii) All officer endorsements for 

master or mate (pilot) of towing vessels 

for service on near-coastal waters, 

except apprentice mate (steersman) of 

towing vessels. 

(iii) All officer endorsements for 

master or mate (pilot) of towing vessels 

for service on Great Lakes, except 

apprentice mate (steersman) of towing 

vessels. 

(iv) All officer endorsements as 

master or mate (pilot) of towing vessels 

for service on inland waters or Western 

Rivers, except apprentice mate 

(steersman) of towing vessels. 

(A) The Coast Guard will accept a 

Coast Guard-approved modified basic 

firefighting course, which is the basic 

firefighting training described in 

paragraph (h)(3) of this section modified 

to only cover the equipment, fire 

prevention procedures, and firefighting 

operations required on towing vessels 

on inland waters or Western Rivers 

routes required in 46 CFR parts 140 and 

142. A mariner who completes this 

modified basic firefighting course will 

be issued an endorsement that is 

restricted to inland waters or Western 

Rivers. 

(B) To increase in scope to Great 

Lakes, near-coastal or oceans, the 

applicant will be required to complete 

the firefighting course appropriate to the 

route sought. 

* * * * * 

Dated: September 21, 2023. 

W.R. Arguin, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2023–21560 Filed 10–2–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[RTID 0648–XD391] 

Pacific Island Fisheries; 2023 U.S. 

Territorial Longline Bigeye Tuna Catch 

Limits for the Commonwealth of the 

Northern Mariana Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Announcement of a valid 

specified fishing agreement. 

SUMMARY: NMFS announces a valid 

specified fishing agreement that 

allocates up to 1,500 metric tons (t) of 

the 2023 bigeye tuna limit for the 

Commonwealth of the Northern Mariana 

Islands (CNMI) to U.S. longline fishing 

vessels. The agreement supports the 

long-term sustainability of fishery 

resources of the U.S. Pacific Islands, and 

fisheries development in the CNMI. 

DATES: The specified fishing agreement 

was valid as of February 2, 2023. The 

start date for attributing 2023 bigeye 

tuna catch to the CNMI is October 8, 

2023. 

ADDRESSES: The Fishery Ecosystem Plan 

for Pelagic Fisheries of the Western 

Pacific (FEP) describes specified fishing 

agreements and is available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, 

telephone 808–522–8220, fax 808–522– 

8226, or https://www.wpcouncil.org. 

NMFS prepared environmental 

analyses that describe the potential 

impacts on the human environment that 

would result from the action. The 

analyses, identified by NOAA–NMFS– 

2022–0117, are available from https://

www.regulations.gov/docket/NOAANMFS-2022-0117, or from Sarah Malloy, 

Acting Regional Administrator, NMFS 

Pacific Islands Region (PIR), 1845 Wasp 

Blvd., Bldg. 176, Honolulu, HI 96818. 

FOR FURTHER INFORMATION CONTACT: 

Keith Kamikawa, NMFS PIR Sustainable 

Fisheries, 808–725–5177. 

SUPPLEMENTARY INFORMATION: In a final 

rule published on June 15, 2023, NMFS 

specified a 2023 limit of 2,000 t of 

longline-caught bigeye tuna for each of 

the U.S. Pacific Island territories of 

American Samoa, Guam, and the CNMI 

(88 FR 39201). NMFS allows each 

territory to allocate up to 1,500 t of the 

2,000 t limit to U.S. longline fishing 

vessels identified in a valid specified 

fishing agreement, but the overall 

allocation limit among all territories 

may not exceed 3,000 t. 

On September 18, 2023, NMFS 

received from the Council, through its 

Executive Director, a specified fishing 

agreement between the CNMI and the 

Hawaii Longline Association (HLA) 

allocating 1,500 t of CNMI’s 2,000 t 

bigeye tuna limit to U.S. fishing vessels 

identified in the agreement for 2023. 

The Council’s Executive Director 

advised that the agreement is consistent 

with the FEP and its implementing 

regulations. On September 26, 2023, 

NMFS reviewed the agreement and 

determined that it is consistent with the 

FEP, implementing regulations, the 

Magnuson-Stevens Fishery 

Conservation and Management Act, and 

other applicable laws. 

In accordance with 50 CFR 300.224(d) 

and 50 CFR 665.819(c)(9), vessels in the 

agreement may retain and land bigeye 

tuna in the western and central Pacific 

Ocean under the CNMI attribution 

specified in the fishing agreement. 

Based on logbook data submitted by 

U.S. longline vessels in the WCPFC 

Convention Area, NMFS forecasts that 

the U.S. longline fishery will reach the 

U.S. bigeye tuna limit of 3,554 t by 

October 15, 2023. Regulations at 

665.819(c)(9)(i) directs NMFS to begin 

attributing catch to the applicable U.S. 

territory starting seven days before the 

date NMFS forecasts the U.S. limit to be 

reached, or upon the effective date of 

the agreement, whichever is later. 

Therefore, on October 8, 2023, NMFS 

will begin attributing bigeye tuna caught 

by vessels in the agreement to the 

CNMI. If NMFS determines that the 

fishery will reach the overall 2,000 t 

territorial catch limit or the 1,500 t 

allocation limit, we will restrict the 

catch and retention of longline-caught 

bigeye tuna by vessels in order to not 

exceed these limits, unless the vessels 

are included in a subsequent specified 


ddrumheller on DSK120RN23PROD with RULES1