[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Proposed Rules]
[Pages 55548-55561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28409]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 15

[CGD 94-055]
RIN 2115-AF23


Licensing and Manning for Officers of Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard revises the notice of proposed rulemaking 
(NPRM) published on June 19, 1996, proposing requirements for licensing 
mariners who operate towing vessels, inspected as well as uninspected. 
This supplemental notice of proposed rulemaking (SNPRM) addresses the 
numerous comments received in response to the NPRM. It should improve 
the clarify those requirement proposed in the NPRM.

DATES: Comments must reach the Coast Guard on or before February 24, 
1998. Comments sent to the Office of Management and Budget (OMB) on 
collection of information must reach OMB on or before December 26, 
1997.

ADDRESSES: You may mail comments to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 94-055), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or 
deliver them to room 3406 at the same address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-267-1477. You must also mail comments to collection of 
information to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, 725 17th Street NW., Washington, DC 20503, 
ATTN: Desk Officer, U.S. Coast Guard.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments, and documents as indicated in this preamble, will 
become part of the docket and will be available for inspection or 
copying at room 3406, U.S. Coast Guard Headquarters, between 9:30 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
LCDR Don Darcy, Office of Operating and Environmental Standards (G-
MSO), (202) 267-0221.

[[Page 55549]]

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 94-055) and the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no longer than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans to hold public meetings regarding this 
proposed rulemaking before the close of the comment period. It will 
hold these meetings for the purpose of receiving oral opinions and 
presentations on the proposed changes. It will announce the dates, 
times, and places of the public meetings in a late notice in the 
Federal Register. Persons may request additional public meetings by 
writing to the Marine Safety Council at the address under ADDRESSES. 
The request should include the reasons why an additional public meeting 
would be beneficial. If it determines that an additional opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold another public meeting at a time and place to be announced by a 
later notice in the Federal Register. 

Background and Purpose

    On June 19, 1996, the Coast Guard published an NPRM in the Federal 
Register (61 FR 31332). The NPRM proposed updates to the licensing, 
training, and qualifications of operators of towing vessels in order to 
reduce marine casualties. A more detailed treatment of the following 
matters appear in the preamble to the NPRM.
    Development of the NPRM was an essential part of a comprehensive 
initiative undertaken by the Coast Guard to improve navigational safety 
for towing vessels. It followed a Coast Guard report directed by the 
Secretary of Transportation, entitled ``Review of Marine Safety Issues 
Related to Uninspected Towing Vessels'' (``the Review''), which 
identified improvement in licensing, training, and qualifications of 
operators of uninspected towing vessels (OUTVs) necessary to achieve 
improved safety.
    As stated in the NPRM, the Secretary of Transportation initiated 
the Review after the allision in September, 1993, of a towing vessel 
and its barges with a railroad bridge near Mobile, Alabama (``Amtrak 
casualty''). The National Transportation Safety Board (NTSB) attributed 
this casualty, at least in part, to the Coast Guard's failure to 
establish higher standards for the licensing of inland operators of 
towing vessels. The Review, a previous study conducted by the Coast 
Guard entitled ``Licensing 2000 and Beyond'' (``Licensing 2000''), and 
other research concluded that the requirements for licensing all 
operators of towing vessels were outdated and needed improvement on the 
licensing, training, and qualifications of personnel.
    In response to the Review, on March 2, 1994, the Coast Guard 
published a Notice of Public Meeting and Availability of Study that 
announced the availability of the Review and scheduled a meeting to 
seek public comment on its recommendations (59 FR 10031). The public 
meeting occurred on April 4, 1994, and was well attended by the public, 
representing a wide range of towing interests. Public comments, both 
oral and written, helped shape the NPRM.
    Advisory committees that addressed the towing-safety initiative 
(the Review) included the Merchant Marine Personnel Advisory Committee 
(MERPAC) and the Towing Safety Advisory Committee (TSAC). These 
committees and several of their working groups created reports to 
address licensing and training. The NPRM drew on the reports, too.
    Note, also, that many issues pertaining to licensing and training 
of matters come within the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafearers, 1978 (STCW). 
An interim rule (62 FR 34506; June 26, 1997) carries this treaty into 
domestic effect. Consequently, mariners serving on seagoing towing 
vessels must meet the requirements of STCW on training, certification, 
and watchkeeping, as stated previously in the NPRM.
    The Coast Guard received over 780 comment letters in response to 
the NPRM. Because of this response, the Coast Guard published a notice 
of intent (61 FR 66642; December 18, 1996) explaining that would modify 
the NPRM along lines urged by public comment and the advisory 
committees, and would publish the changes in an SNPRM. This would 
afford the public an opportunity to comment on the revisions before 
issuance of a final rule.
    The regulatory language of this SNPRM combines text from the NPRM 
with text based on comments on the NPRM. The preamble of this SNPRM 
discusses only the new text.
    In an effort to develop a more customer-oriented approach to 
drafting regulations, the Coast Guard will publish the final rule using 
``plain language'' techniques. Clear, more readable regulations are 
important for the success of our government's reinvention initiative.

Discussion of Comments and Changes

    Although the Coast Guard received comments from all geographic 
areas, most (75 percent) came from the Gulf and Western rivers. The 
comments addressed the following subjects: (1) Public meetings and 
extension of the comment period; (2) responsibilities of companies; (3) 
responsibilities of the masters; (4) a need for additional input from 
mariners; (5) overall cost and cost-benefit analysis; (6) completion of 
approved training courses; (7) approved training courses using check-
ride assessments to demonstrate proficiency; (8) approved training 
courses using simulators to demonstrate proficiency; (9) designated 
examiners; (10) training-record books; (11) refresher courses; (12) 
title terminology; (13) licensing structure; (14) horsepower as a basis 
of authority; (15) route endorsements; (16) grandfathering of licenses; 
(17) special endorsements; and (18) other, general subject matter.

1. Public Meetings and Extension of the Comment Period

    Of the 780 comments, 489 requested either additional public 
meetings or an extension of the comment period. Because many contained 
multiple suggestions for modifying the proposed requirements, the Coast 
Guard deemed it appropriate to incorporate any changes into an SNPRM. 
This would afford the public time to reflect upon the changes, rather 
than repeat itself on the NPRM. This SNPRM provides the public with an 
opportunity both to comment in writing and to participate in public 
meetings at times and places announced by later notices in the Federal 
Register.

2. Responsibilities of Companies

    The Coast Guard received 48 comments suggesting that individual 
companies be held responsible, in addition to the mariners, for the 
safe operation of their towing vessels. The comments alleged that some 
companies use coercive tactics to force mariners to

[[Page 55550]]

operate vessels beyond normal safety limits so that products arrive at 
their destination on time; ultimately straining the mariners, the 
companies, and the industry.
    The Coast Guard recognized in the NPRM that many companies have 
already demonstrated their commitments to safety by ongoing training 
and evaluating of their employees. Under the SNPRM, companies would 
share greater responsibility for training and qualification of mariners 
by establishing approved training courses, recommending designated 
examiners, and overseeing the completion of mariners' training-record 
books. This increase in responsibility is consistent with Licensing 
2000 and with the TSAC Report, both of which urged increased 
responsibilities of companies and accountability for the competence and 
quality of mariners. The Coast Guard will not condone coercion directed 
at forcing mariners to operate towing vessels in an unsafe manner. Any 
unsafe operating conditions should be reported to the Coast Guard in 
reliance on 46 U.S.C. 2114.

3. Responsibilities of the Masters

    The Coast Guard received 339 comments concerning masters' 
(captains') responsibilities. Many misinterpreted language in the NPRM 
to mean that the master would assume responsibility for the vessel and 
the actions of its crew at all times.
    In the past, the Coast Guard held an operator of uninspected towing 
vessels (OUTV) responsible for the operation of the towing vessel only 
during his or her watch. However, business practices dictated--and the 
Coast Guard concluded--that one operator (the lead OUTV), usually 
referred to as the ``front watch,'' should be designated as the 
captain, who would be responsible for the safe operation of the vessel 
at all times. Although the Coast Guard does consider the captain to be 
in control of the vessel's operations or management at all times, it 
does not consider him or her to be responsible for the misconduct or 
incompetence of the second officer, usually referred to as the ``back 
watch,'' unless that officer was following directions issued by the 
captain. The NPRM did not, and this SNPRM does not, intend any change 
in this understanding.

4. A Need for Additional Input From Mariners

    The Coast Guard received 188 comments expressing disapproval at its 
failure to involve mariners during the preliminary stages of this 
rulemaking. These comments encouraged the Coast Guard to avail itself 
of the knowledge and experiences of active mariners, to develop 
accurate and safe regulations. The Coast Guard always endeavors to 
involve all interested parties in the rulemaking process and encourages 
active mariners to participate in future public meetings, industry 
meetings, and the additional comment period that this SNPRM provides.

5. Overall Cost and Cost-Benefit Analysis

    The Coast Guard received 359 comments on cost. Sixty (17 percent) 
opposed the cost-benefit analysis, stating that the dollar figures did 
not reflect current salaries or wages, accurate simulator and check-
ride costs, or realistic designated-examiner fees. The remaining 299 
(83 percent) made general statements about the excessive financial 
burden that the rule would place on small businesses and individual 
mariners. These comments argued that the industry is already heavily 
burdened with other licensing expenses, such as new radar requirements, 
renewal fees, medical examinations, and drug-screening examinations, 
and should not be financially responsible for additional licensing 
requirements. One comment even suggested that the Coast Guard should be 
held financially responsible for demonstration of proficiency.
    The Coast Guard has evaluated the comments from the public and 
various recommendations from TSAC, all of which concern the cost-
benefit analysis. The analysis within the SNPRM reflects editorial 
comments and current technical information that the Coast Guard has 
reviewed and applied to the regulatory assessment for the SNPRM.

6. Completion of Approved Training Courses

    A few comments supported the idea of approved training courses as 
written, but most questioned including simulator training, check-ride 
assessments, and a practical demonstration of proficiency at the time 
of renewal. (Later sections discuss both simulator training and check-
ride assessments). With regard to renewals, acting on a recommendation 
from TSAC the Coast Guard now proposes to let those mariners who have 
maintained recency of service and have not had their licenses revoked 
or suspended document their service and proficiency rater than undergo 
practical demonstrations of proficiency at license renewal. Proof 
acceptable for these mariners at license renewal includes evidence of 
the minimum required service in the form of a company-provided service 
letter and evidence of continued navigational proficiency in the form 
either of a letter or another document from the operator's employer or 
of an ongoing training-record book. In addition, all candidates for 
renewal of licenses as Masters of Towing Vessels will have to pass a 
rules-of-the-road exercise or refresher course. Accordingly, mariners 
who have not maintained recency of service, or who have been the 
subject of suspension or revocation proceedings, would have to 
demonstrate proficiency by check-ride assessment or simulator in order 
to renew their licenses.

7. Approved Training courses Using Check-Ride Assessments To 
Demonstrate Proficiency

    Of the 254 comments received in response to the NPRM concerning 
this subject, 71 percent opposed the proposed requirement of a 
practical demonstration by a check-ride. Most of the 71 percent came 
from mariners who already have several years of experience in the 
towing industry and resent that, at the time of renewal, they may have 
to ``prove'' to someone that they are capable of handling towing 
vessels. Another 19 percent opposed the requirement of practical 
demonstration of proficiency by check-ride for experienced mariners, 
but supported it for mariners with little or no experience and for 
those with histories of poor seamanship. Others suggested that company 
letters declaring mariners' competence be acceptable as an alternative 
to the practical demonstration of proficiency by check-ride. Only 10 
percent supported a practical demonstration of proficiency by check-
ride as proposed. The Coast Guard now proposes that practical 
demonstrations of proficiency by check-ride be mandatory only for 
license-renewal applicants whose most recent licenses were suspended or 
revoked by administrative action on charges of incompetence. However, 
other applicants may still opt for the practical demonstrations in lieu 
of submitting properly maintained training-record books.

8. Approved Training Courses Using Simulators To Demonstrate 
Proficiency

    The Coast Guard received 115 comments addressing simulator 
training. Of those, 86 percent opposed such training, for two reasons: 
(1) The excessive cost to companies as well as individual mariners; and 
(2) the inadequate number of simulators available to provide each 
mariner sufficient training time. In addition, 5

[[Page 55551]]

percent simply opposed such training for experienced mariners. However, 
these same comments supported it for mariners with little or no 
experience. Nine percent supported it with various modifications such 
as allowing mariners to use simulators for training though not for 
demonstrating proficiency. In this SNPRM, the Coast Guard still 
proposes to accept (not require) simulator training, as well as use of 
actual towing vessels, for demonstrating proficiency by check-ride.

9. Designated Examiners

    Of the 130 comments on the proposed use of a designated examiner, 
only 10 percent opposed the idea. Once again, most of the 10 percent 
expressed resentment at having to potentially ``prove'' their abilities 
for license renewal to a designated examiner that may have less 
experience. However, while the comments opposed the use of a designated 
examiner for experienced mariners, they supported the idea for the 
monitoring of entry-level masters and mates.
    In contrast, the remaining 90 percent generally supported 
application of the idea for all mariners. These supporting comments 
also raised several concerns and offered suggestions for modifying the 
designated-examiner proposal, most of which emphasized the need for 
Coast Guard control of the designated-examiner program. Of primary 
concern was assurance from the Coast Guard that companies and training 
institutions would in no way be involved in the selection of designated 
examiners. The comments argued that, by excluding companies and 
training institutions from this decision, the Coast Guard would reduce 
the potential for partiality and inconsistency throughout the towing 
industry. However, a few comments did request that the Coast Guard 
allow individual companies to designate their own examiners. A few 
comments recommended that the Coast Guard control the selection, 
training, and re-qualification of potential designated examiners. 
Others comments requested that the Coast Guard ensure that mariners 
designated as examiners be well-experienced, not just grandfathered, 
towing-vessel mariners with higher-level licenses and more experience 
than those of the mariners they are certifying. Last, some encouraged 
the Coast Guard to determine and clarify the criteria used for passing 
or failing a prospective mariner and the procedures for appealing a 
designated examiner's decision and urged the Coast Guard to negate the 
potential liability of the designated examiner--possibly by requiring 
two or more check-rides with different designated examiners.
    An alternative demonstration of proficiency for renewal was 
recommended by TSAC and includes documentation in the form of a 
training-record book listing training, drills, experience during the 
license's validity, and any administrative action culminating in 
suspension or revocation against the license. The Coast Guard agrees 
with TSAC and has determined that there should be an alternative method 
for renewal. The Coast Guard also tasked TSAC with determining 
guidelines for pass-fail criteria, and TSAC has submitted acceptable 
ones, which this SNPRM draws on.
    The SNPRM defines a designated examiner as a person trained or 
instructed in assessment techniques and otherwise qualified to evaluate 
whether a candidate for a license, document, or endorsement has 
achieved the level of competence necessary to hold the license, 
document, or endorsement. As in the NPRM, this person may be designated 
by the Coast Guard either directly or (within the context of a program 
of training or assessment approved by the Coast Guard) indirectly. A 
recently issued TSAC report recommended that a designated examiner 
administering a check-ride assessment evaluate a mariner's performance 
in six categories: (1) Vessel familiarity; (2) communications; (3) 
emergency procedures; (4) rules of the road; (5) piloting and 
navigation; and (6) maneuvering. Intervention by the vessel master or 
designated examiner, serious violation of a rule of the road, causing 
of a reportable marine incident, or failure by the operator to 
sufficiently demonstrate his or her proficiency in one or more of the 
six categories would be grounds for failure of a check-ride assessment. 
The operator would then have to wait at least 30 days before undergoing 
a re-evaluation. The Coast Guard is considering how to implement this 
TSAC recommendation, however, we have decided not to include it in this 
SNPRM.

10. Training-Record Book

    Of the 27 comments on the proposed requirement of maintaining a 
training-record book, only 4 opposed the use of such a tool. These four 
argued that the vessel's daily radio log would provide sufficient 
evidence of a mariner's training and service, and that use of such a 
record book, if implemented, would cause a financial burden to the 
industry. In addition, two of the four suggested, as an alternative, 
that a letter of recommendation from two active masters under whom the 
mariner served and a letter from the company should be enough to prove 
training.
    The remaining comments supported use of a training-record book, but 
offered suggestions for modifying it. These suggestions included the 
following: (1) Require mariners to maintain a daily logbook; (2) 
require owners to ensure that the logbook is accurate and up to date by 
using attached letters yearly or trip by trip; (3) place sole 
responsibility for the logbook's accuracy and content on the individual 
mariner; (4) standardize--or, at the very least, establish guidelines 
as to the minimum--information that the training-record book must 
contain to expedite review; and (5) develop a process that would allow 
electronic maintenance of records. The Coast Guard agrees with the 23 
comments that recommend the training-record book as a valuable document 
to efficiently demonstrate experience in the covered subjects.
    Because the towing industry is so diverse, a separate training-
record book will have to be created for each segment of the industry, 
such as vessel assist, western rivers, coastal, and ocean towing. The 
Coast Guard anticipates that allowing completion of a training-record 
book for an STCW endorsement will allow a mariner to qualify for oceans 
and international service without additional training.

11. Refresher Courses

    Of the 92 comments on refresher courses and rules-of-the-road 
testing, 39 percent opposed such courses; 4 comments specifically 
opposed such testing. In contrast, 56 comments supported some form of 
approved training relative to refresher courses or testing--31 wholly 
supported a refresher course, and 21 wholly supported rules-of-the-road 
testing. Of those in favor of testing or courses, many supported 
approved training and testing through various methods including open-
book examinations, oral examinations, examination by mail, classroom 
training, and training based on degree of experience.
    This SNPRM would allow four options to fulfill the requirements for 
demonstration of proficiency: (1) Complete an approved course using a 
simulator; (2) complete an approved course using a towing vessel; (3) 
complete a check-ride assessment with a designated examiner; or (4) 
submit documentation mentioned as an option to the completion of an 
approved training course. Additionally, it would let mariners complete 
refresher-training courses on rules of the road in place of exercises. 
The Coast Guard agrees with

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TSAC's observation that a rules-of-the-road exercise or a refresher 
course can only improve safety throughout the industry. Consequently, 
the proposed requirement of rules-of-the-road knowledge for renewal 
persists in this rulemaking.

12.Title Terminology

    The Coast Guard received 34 comments pertaining to the terms used 
for crewmembers on a towing vessel, 30 of which opposed replacing the 
terms ``operator'' and ``second-class operator'' with the terms 
``master'' and ``mate (pilot)''. Their argument, similar to that 
embraced by TSAC, was that, throughout the history of inland towing, 
``mate'' has never referred to a licensed officer; rather, it has 
referred to the chief unlicensed deck person, while ``pilot'' has 
referred to the licensed person that operates the vessel. This SNPRM 
would leave ``pilot of towing vessels'' available for use on Western 
rivers. The license requirements for mater of towing vessels and pilot 
of towing vessels remain identical. Again, this term in no way implies 
either the taking or passing of the first-class pilotage examination or 
the associated level of proficiency; it merely reflects the historical 
application of titles in the inland towing industry.

13. Licensing Structure

    The Coast Guard received 58 comments regarding the proposed 
licensing structure. Of them, 52 percent opposed the new licensing 
structure, for the following reasons: (1) 48 months does not provide 
enough wheelhouse experience for an unlimited master's license; (2) 
implementing a third-level license will be costly to entry-level 
mariners as well as to companies (because, for example, some vessels do 
not have the spare room to allow another person on board); (3) the 
apprentice-mate level is unnecessary because mariners already receive 
hands-on training as seamen and most companies already have training 
programs in place; and (4) the structure would limit mariners to 
certain areas and vessels. Several comments opposed the idea of 
``direct supervision'' during the training of an apprentice mate, 
explaining that standing watch alone is necessary at some point during 
the practice sessions. A separate comment stated that no standard time-
limit for the training of apprentice mates should be preset since 
everyone learns at a different pace.
    A total of 28 comments supported the proposed licensing structure, 
given its aim to increase experience and skill. However, some of these 
comments offered suggestions to change terminology (as noted above in 
category 12) and the amount of time a mariner is to serve as an 
apprentice mater before becoming a mate varying from 1 to 5 years. 
Other comments specifically recommended that the Coast Guard ensure 
that no current mariner-in-training be hastily granted a license as 
mate (pilot) to avoid the requirements of this rulemaking.
    Under current rules, the OUTV license requires 3 years of total 
service. Under this SNPRM a Master of towing vessels would require 4 
years of service, the same as Master: (1) Ocean and Near-coastal, 1600 
GT; (2) Great Lakes or Inland, any GT; and (3) Uninspected fishing-
industry vessels. The proposed licensing structure would require a 
mariner to gain wheelhouse training and experience before taking the 
exam for a license as apprentice mate or steersman of towing vessels. 
More training and experience in the wheelhouse and completion of the 
training-record book would then qualify him or her for a demonstration 
of proficiency with a designated examiner before issuance of a license 
as mate (pilot) of towing vessel. A license as mate (pilot) would 
qualify a mariner to stand the watch of the current second-class OUTV 
or ``back watch,'' but would not authorize the person to serve as 
master.

14. Horsepower as a Basis of Authority

    The Coast Guard received a total of 365 comments pertaining to the 
proposed 3000-horsepower breakpoint. Twelve percent of the 365 
supported using a horsepower breakpoint to limit licenses--6 percent of 
which suggested variations to the NPRM such as applying it to entry-
level mariners only and creating a third breakpoint.
    Of the 365, 60 percent opposed any sort of horsepower breakpoint, 
primarily on the basis that it would limit employment for both mariners 
and companies by restricting mariners to vessels of particular 
horsepowers. Twenty-six percent of them objected to the breakpoint as 
written and requested that it be either removed or completely revised 
using a higher breakpoint; in contrast, only 2 percent of them stated 
that 3000 horsepower was too high and requested that it be either 
removed or completely revised using a lower breakpoint. Another twelve 
percent of the opposing comments specifically recommended that the 
Coast Guard remove any horsepower breakpoint as the qualifying 
criterion and use a ratio of the vessel's gross tonnage to the size of 
the vessel's tow. Many of them opposed the horsepower breakpoint 
arguing that small towing vessels require just as much handling 
responsibility as, and often more than, larger vessels since smaller 
vessels are limited in maneuvering capability. They argued that the 
size of the two--not the horsepower of the tug--determines the level of 
safety. Mariners also expressed concern that a breakpoint would let 
employers prevent less-experienced mariners from obtaining equal 
employment-opportunities.
    In consideration of the comments received and TSAC's 
recommendation, the Coast Guard has decided to replace the horsepower 
breakpoint with proficiency as the basis of authority for the new 
licensing system. The TSAC working group pointed out that, while some 
level of horsepower had originally seemed a sound criterion for 
differentiation of licenses, no consensus had ever formed within the 
industry as to just what level was most appropriate for a breakpoint. 
Therefore, increased emphasis on the experience an applicant has on 
particular waters will replace any such breakpoint.

15. Route Endorsements

    The Coast Guard received about 65 comments pertaining to route 
endorsements, 17 percent of which supported them as proposed and 
perceived geographical knowledge of the traveled area as a necessity. 
Some of these comments even suggested that the endorsements be more 
restrictive than proposed. Meanwhile, 74 percent of the comments 
opposed route endorsements. These comments maintained that, in some 
cases, a mariner may have to travel unlicensed on one route while 
trying to get to the route for which he or she holds a license (for 
example, mariners with licenses endorsed for Oceans already have to 
travel through Near-coastal waters to get to their regular routes). In 
addition, the comments argued that route endorsements would 
unnecessarily restrict mariners, ultimately limiting their employment--
financially and professionally--within a company.
    Other concerns expressed by the comments pertained to either 
specific route endorsements or procedures for obtaining endorsements. 
Several comments argued that Western rivers covers multiple routes and 
should therefore be eliminated from the proposed rule or modified to 
reflect specific routes. A separate comment recommended inclusion of 
the Mississippi in that for Western rivers, while others requested 
clarification of those for Rivers and Western rivers, and inclusion of 
the Gulf Intercoastal Waterways in that for either Near-coastal waters 
or the Great Lakes and inland waters. Comments also requested

[[Page 55553]]

the Coast Guard to allow use of an employment record or company 
document for proof of time and experience on a particular route.
    Under this SNPRM, as under the NPRM, towing vessel-licenses would 
be issued for the following routes:
    a. Oceans.
    b. Near-coastal routes.
    c. Great Lakes and inland routes.
    d. Rivers.
    e. Western rivers.
    f. Restricted local areas designated by Officers in Charge, Marine 
Inspection (OCMIs).
    The license of a master or mate (pilot) of towing vessels endorsed 
for Oceans would authorize service on Near-coastal routes, Great Lakes 
and inland routes, or Rivers upon 30 days of observation and training 
on the subordinate route. That of a master or mate (pilot) of towing 
vessels endorsed for Near-coastal routes would authorize service on 
Great Lakes and inland routes or Rivers upon 30 days of observation and 
training on the subordinate route.
    On the Western rivers, the methods of towing, the aids to 
navigation, the operating methods, and the operating environment are 
unique. Therefore, not even the license of a master or mate (pilot) of 
towing vessels endorsed for Oceans, Near-coastal routes, Great Lakes 
and inland routes, or Rivers would authorize service on Western rivers. 
To get an endorsement for this service, an applicant would have to show 
90 days of operation and training over a route on a Western river.
    To get an endorsement for a new route, an applicant would have to 
pass an exam for the route and serve in the next lower grade for 90 
days on the route sought. Afterwards the Coast Guard would remove the 
lower-grade restriction. For example, an applicant holding a license as 
master of towing vessels endorsed for Rivers, applying for the same 
license endorsed for a Near-coastal route, would have to pass an exam 
for this route and submit evidence of 90 days' experience as not a 
master but a mate on this route. Upon completion of the required sea 
service, the applicant could have his or her master's license endorsed 
for this route.

16. Grandfathering of Licenses

    The Coast Guard received 56 comments pertaining to the licensing of 
experienced mariners, the majority of which (84 percent) wholly 
supported grandfathering holders of current licenses commensurate with 
experience. The remaining comments either opposed grandfathering or 
requested clarification on the criteria for grandfathering.
    Mariners currently holding OUTV licenses could have them renewed as 
licenses for masters of towing vessels. These mariners therefore would 
be grandfathered in that they would have to meet only the renewal 
requirements contained in the proposed rule.

17. Special Endorsements

    The Coast Guard received about 25 comments in response to its 
request for comments on the applicability of the proposed requirements, 
specifically the horsepower breakpoint on harbor-towing vessels and 
assist-towing vessels. Only 4 comments opposed a harbor endorsement, 
free of horsepower limitation, while 12 comments supported a harbor 
endorsement for the following reasons: (1) Harbor work requires 
flexibility; (2) harbor vessels do not face the same level of danger as 
do line boats; and, (3) without the endorsement, the proposed 
horsepower breakpoint would limit career advancement. A separate 
comment suggested that, since harbor-towing companies normally use 
their operators on all of their boats at one time or another, a harbor-
vessel operator should have to demonstrate proficiency on the company-
owned vessel with the highest horsepower.
    Three comments supported a special endorsement for masters of 
assist-towing vessels on the basis that it would be difficult to obtain 
a master to undertake a ship assist without such endorsement. These 
comments also noted that assist-towing vessels have different demands 
from other towing vessels and need less damage control. Another comment 
suggested applying a horsepower limitation on an endorsement for 
assist-towing vessels if the mariner seeking it has experience only 
with such vessels. However, the same comment argued that those mariners 
with experience on vessels of greater horsepower should be permitted to 
operate these without limitation by a restrictive endorsement. Only 
three comments agreed that operators of assist-towing vessels of 26 
feet or more in length that are hired for commercial use should be 
subjected to the same standards and testing as operators of other 
towing vessels.
    TSAC voiced concern about the difficulties for mariners in the 
vessel assist segment of the industry to obtain training time for the 
apprentice mate (steersman) license. TSAC recommended that vessel 
assist applicants proceed to the mate (pilot) license by completing the 
written exam and demonstrating proficiency at the same time. Note: The 
mariner will also have to complete either the training-record book or 
an approved training course.

    The SNPRM does not propose a horsepower breakpoint for towing-
vessel licenses. Vessel assist licenses (not to be confused with 
licenses endorsed for Assistance-Towing) may go directly to mate of 
towing vessels without getting an apprentice mate (steersman) license 
but will be limited to the vessel assist portion of the industry.
    The Coast Guard received four comments pertaining to other types of 
vessels used in the towing industry. One comment requested that oil-
spill-response vessels be excluded from the proposed requirements 
because the requirements would create an unnecessary financial burden 
on the companies that operate these vessels without enhancing 
navigational safety. Two comments supported an endorsement for anchor-
handling tug-supply (AHTS) vessels, which support the offshore 
industry, because barge towing is not a primary source of employment 
for these vessels. Another comment noted that the NPRM had not 
discussed passenger barges, but requested that they be exempt from this 
rulemaking. Passenger barges are inspected and certified by the Coast 
Guard and, by themselves, are not affected by this rulemaking. However, 
the means of propulsion (towing vessels) for the most part do not 
require inspection and certification, and are included in this 
rulemaking.
    Oil-spill-response-vessels will not normally be exempt from the 
proposed licensing requirement; however, in emergencies such as a major 
oil spill, the local OCMI can temporarily exempt oil-spill-response-
vessels for the duration of the emergency. AHTS vessels may already 
qualify for licensing exemptions, and no additional exemptions for this 
segment of the industry are being considered.
    The Coast Guard notes that vessels engaged solely in assistance 
towing are covered by existing regulations and remain exempt from this 
rulemaking. It has proposed a definition of disabled vessel under 
Sec. 10.103 to better define the assistance-towing industry and show 
that this proposed rule does not cover that industry.
    The Coast Guard recognizes that--by employing similar terms, 
Assistance towing and Vessel assist, for dissimilar industries--it may 
be risking confusion. The Coast Guard invites your comments to avert 
any confusion.

[[Page 55554]]

18. Other, General Subject Matter

    Several comments opposed the Coast Guard's attempt to further 
regulate the towing industry, an attempt based, they stated, on one 
mariner's incompetence resulting in the Amtrak casualty. Other comments 
(inconsistent with those) resented the application of blue-water rules 
to a brown-water industry. Remaining comments cited the Coast Guard's 
failure to properly and safely maintain waterways and regulate 
recreational and pleasure boats, rather than operators' errors, as the 
basis for problems in the towing industry. A number of these comments 
did not relate directly to the content of the proposed regulations. 
Illustrative of these were issues of the 12-hour work limit (2-watch 
system), the increased manning of towing vessels to include a licensed 
engineer, and the reason for improved aids to navigation. The Coast 
Guard has addressed and will address these issues and others in 
appropriate ways outside of this SNPRM.
    The definitions of ``Coast Guard-accepted,'' ``designated 
examiner,'' ``practical demonstration,'' ``qualified instructor,'' and 
``standard of competence,'' proposed under Sec. 10.103, and 
Sec. 10.309, titled, ``Coast Guard-accepted training other than 
approved courses'', were published in the Coast Guard interim rule 
implementing the 1978 Standards of Training, Certification and 
Watchkeeping for Seafarers as amended in 1995 (62 FR 34506); and, 
therefore, they have been removed from this proposed rulemaking.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    A draft Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT has been prepared and is available in 
the docket for inspection or copying where indicated under ADDRESSES. A 
summary of the Evaluation follows:

Summary of Benefits

    The principal benefits of this proposed rule would be to enhance 
the safety of navigation and reduce the risk of collisions, allisions, 
groundings, fatalities, and injuries in the towing industry. The 
training required by this rule has the particular potential to 
significantly decrease the number of fatalities and injuries in the 
industry. If this rule reduces the number of reportable marine 
casualties--whether they involve fatalities, injuries requiring 
professional medical treatment, or property damage costing in excess of 
$25,000--by 13 a year over the next 10 years, the benefits will exceed 
the costs. The effectiveness to this rulemaking cannot be accurately 
quantified because of the inability to measure the damage dollars based 
on human error alone. However, the baseline of preventing 3 deaths, 
which is 50% of the total fatalities which occurred in the past ten 
years from casualties that this rule should prevent, would be $8.1 
million. Therefore, this alone will exceed the total cost of the 
rulemaking. The complex cumulative effect of human error makes it 
difficult to quantify the exact benefits of the proposed rule.
    One way to reduce the risks associated with human error in 
operating towing vessels is to ensure that mariners maintain the 
highest practicable standards of training, certification, and 
competence. Although the Coast Guard recognizes that many prudent 
operators already practice proficient navigation, this rule would 
codify their skills, provide basic performance standards for 
demonstration of proficiency, and compel compliance for operators not 
conforming to sound practices of the majority of the industry. The rule 
is intended to accrue benefits from a reduction of towing-vessel 
accidents and injuries through an increased awareness of safe towing 
practices.

Summary of Costs

    There are around 5,400 documented towing vessels in the United 
States. The impact on the operators of these vessels would be minimal 
because holders of current licenses would be grandfathered into 
licenses commensurate with their experience. Because these new licenses 
would be issued at the time of routine renewal, there would be no new 
users' fees for them. The proposed rule, however, would result in 
increased fees for new entrants into the industry.
    Most changes to the proposed rule in this SNPRM either are 
editorial or update technical information to reflect comments to the 
NPRM. But there are certain ones that are substantive and will require 
different behavior by mariners. Responsive to comments from the public 
and TSAC, the Coast Guard would let those mariners who have maintained 
recency of service, and have not had administrative action against 
their license culminating in suspension or revocation, forgo any 
demonstration of proficiency for license renewal; rather, the Coast 
Guard would let them submit ``information''.
    The Coast Guard estimates the annual costs of compliance--for new 
entrants into the industry--with the proposed rule at around 
$1,057,850. The 10-year present value of these costs, discounted at 7 
percent back to 1996, would total $7,429,896.

Small Entitles

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    This proposed rule would place its primary economic burden on the 
mariners, not on their employers--who may, though they need not, assume 
responsibility for this burden. The Coast Guard expects that, of the 
employers who would assume this responsibility, few, if any, would be 
small entities. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this rule will have a significant economic impact on your 
business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposed rule would economically affect it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If your small business or organization is 
affected by this rule and you have questions concerning its provisions 
or options for compliance, please contact LCDR Don Darcy, Office of 
Operating and Environmental Standards (G-MSO), 202-267-0221.

Collection of Information

    This proposed rule provides for a collection of information under 
the

[[Page 55555]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As defined in 
5 CFR 1320.3(c), ``collection of information'' includes reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of the respondents, and an estimate of the total annual 
burden follow. Included in the estimate is the time for reviewing 
instructions, searching existing sources of data, gathering and 
maintaining the data needed, and completing and reviewing the 
collection.
    DOT No.: 2115.
    OMB Control No.: 2115-0623.
    Title: Licensing and Manning for Officers of Towing Vessels.
    Summary of the Collection of Information: This proposed rule would 
require every mariner who seeks an original license as mate (pilot) of 
towing vessels or an endorsement for towing vessels to have a training-
record book. It may also require a report on a final check-ride before 
a designated examiner.
    Need for Information: The need for the collection of information is 
to ensure that the mariners' training information is available to 
assist in determining an individuals overall qualification to hold a 
Coast Guard issued merchant mariners license. These recordkeeping 
requirements are consistent with good commercial practices to the end 
of good seamanship for safe navigation. The following is a section-by-
section explanation of them:
    Proposed Sec. 10.304(e) would require each applicant for a license 
as mate (pilot) of towing vessels, and each master or mate of self-
propelled vessels of greater than 200 gross tons seeking an endorsement 
for towing vessels, to complete a training-record book.
    Proposed Sec. 10.463(h) would require a company to maintain 
evidence that every vessel it operates is under the direction and 
control of a licensed mariner with appropriate experience, including 30 
days of observation and training on the intended route. The company 
could do this with copies of current licenses and voyage records that 
most companies already keep.
    Proposed Sec. 10.464(d)(2) would require masters of vessels of 
greater than 200 GT to maintain training-record books for license 
endorsements as masters of towing vessels. Collection of this 
information is necessary to ensure that the masters have completed the 
series of qualifications for licensing.
    Proposed Secs. 10.465(a)(2), (b)(2), (c)(2), and (d)(2) would each 
require a final check-ride before a designated examiner. They would 
then require the applicant to submit his or her completed training-
record book to the Coast Guard Regional Examination Center. Collection 
of this information is necessary because it would raise the safety of 
towing by upgrading the evaluation process.
    Proposed Sec. 10.465(d)(2) would also require mates of self-
propelled vessels of greater than 200 GT to maintain training-record 
books for license endorsements as mates (pilots) of towing vessels. 
Collection of this information is necessary to ensure that the mates 
have completed the series of qualification for licensing.
    Proposed Use of Information: This information would warrant the 
mariner qualified to hold a license for the service in which he or she 
would engage.
    Description of Respondents: Mariners licensed to operate towing 
vessels, prospective towing vessel officers, and companies employing 
these mariners.
    Number of Respondents: 14,455 mariners of towing vessels and 
approximately 400 companies employing these mariners, during a 3-year 
period.
    Frequency of Response: For 60 percent of the mariners, the 
frequency of response is estimated to be once over the initial three 
years. An estimated five percent of currently licensed mariners may 
complete a report on a final check-ride before a designated examiner 
every 5 years. Final check-ride before a designated examiner under 
proposed Secs. 10.465 (a)(2), (b)(2), (c)(2), and (d)(2) would entail a 
one-time record after the mariner's training-record book had been 
completed. Approximately 400 companies would be required to maintain a 
license and voyage record file for each mariner to be revised upon the 
expansion of a mariner's route.
    Burden of Response: Approximately 95 percent of current licensed 
towing vessel operators would have to perform an estimated 1.0 hour of 
management over a 3-year period to provide the Coast Guard updates of 
their licensing records. Approximately five percent of the currently 
licensed mariners may perform an estimated 0.5 hours of management time 
to comply with providing the Coast Guard the final check-ride. 
Approximately 1,560 entry mariners seeking a license to operate towing 
vessels would have to perform an estimated 1.0 hour of management time 
over a 3-year period to comply with providing the Coast Guard updates 
of their licensing records. Under proposed Sec. 10.643(h), 
approximately 400 companies would have to maintain evidence that every 
vessel it operates is under the direction and control of a licensed 
mariner with appropriate experience. Each company would perform 0.25 
hours of administrative time for each mariner to maintain these 
records. The estimated cost burden for information collection would be 
Sec. 106,069.25 per year and $318,207.75 for the initial 3 years.
    Estimated Total Annual Burden: During a 3-year period, the total 
reporting and recordkeeping burden would be 12,717.25 hours.
    As required by section 3507(d) of the Paperwork Reduction Act of 
1995, the Coast Guard has submitted a copy of this proposed rule to the 
Office of Management and Budget (OMB) for its review of the collection 
of information.
    The Coast Guard solicits public comment on the proposed collection 
of information to: (1) Evaluate whether the information is necessary 
for the proper performance of the functions of the Coast Guard, 
including whether the information would have practical utility; (2) 
evaluate the accuracy of the Coast Guard's estimate of the burden of 
the collection, including the validity of the methodology and 
assumptions used; (3) enhance the quality, utility, and clarity of the 
information to be collected; and (4) minimize the burden of the 
collection on those who are to respond, as by allowing the submittal of 
responses by electronic means or the use of other forms of information 
technology.
    Persons submitting comments on the collection of information should 
submit their comments both to OMB and to the Coast Guard where 
indicated under ADDRESSES by the date under DATES.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. Before the 
requirements for this collection of information become effective, the 
Coast Guard will publish notice in the Federal Register of OMB's 
decision to approve, modify, or disapprove the collection.

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed rule does not have sufficient implications for federalism 
to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under paragraph 2.B.2.e.(34) of 
Commandant Instruction M16475.1B, this rule is categorically excluded 
from further environmental documentation. This rule

[[Page 55556]]

is a matter of ``training, qualifying, licensing and disciplining of 
maritime personnel'' within the meaning of subparagraph 2.B2.e (34) of 
Commandant Instruction M16475.1B that clearly has no environmental 
impact. A ``Categorical Exclusion Determination'' is available in the 
docket for inspection or copying where indicated under ADDRESSES.

List of Subjects

46 CFR Part 10

    Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 10 and 15 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. Review the authority citation for part 10 to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. Chapter 71; 46 U.S.C. 7302, 7502, 7505, and 
7701; 49 CFR 1.45 and 1.46. Section 10.107 is also issued under the 
authority of 44 U.S.C. 3507.

    2. To Sec. 10.103, add definitions, in alphabetical order, to read 
as follows:


Sec. 10.103  Definitions of terms used in this part.

    Apprentice mate (steersman) of towing vessels means a mariner 
qualified to perform watchkeeping on the bridge, aboard a towing 
vessel, while in training under the direct supervision of a licensed 
master or mate (pilot) of towing vessels.
* * * * *
    Approved training means training that is approved by the Coast 
Guard or meets the requirements of Sec. 10.309.
* * * * *
    Disabled vessel means a vessel that needs assistance, whether 
docked, moored, anchored, aground, adrift, or under way; but does not 
mean a barge or any other vessel not regularly operated under its own 
power.
* * * * *
    Pilot of towing vessels means a qualified officer of towing vessels 
operating exclusively on inland routes.
* * * * *
    Vessel Assist means the use of a towing vessel during maneuvers to 
dock, undock, moor, or unmoor a vessel, or to escort a ship with 
limited maneuverability.
* * * * *


Sec. 10.201  [Amended]

    3. In Sec. 10.201, in paragraph (f)(1), remove the words ``second-
class operator of uninspected towing vessel'' and add, in their place, 
the words ``mate (pilot) of towing vessels (19 years)''; and, in 
paragraph (f)(2), remove the words ``designated duty engineer of 
vessels of not more than 1,000 horsepower, may be granted to an 
applicant who has reached the age of 18 years.'' and add, in their 
place, the words ``designated duty engineer of vessels of not more than 
1,000 horsepower, or apprentice mate (steersman) of towing vessels, may 
be granted to an applicant, otherwise qualified, who has reached the 
age of 18 years.''


Sec. 10.203  [Amended]

    4. In Sec. 10.203, in Table 10.203, remove the word ``Uninspected'' 
from before the words ``towing vessels'' and capitalize the first 
letter in the word ``towing'' in column one; and remove the words 
``Operator: 21; 2/c operator: 19.'' from the license category that way 
just amended to read ``Towing vessels'' in column two and add, in their 
place, the words ``Master of towing vessels: 21; mate (pilot) of towing 
vessels: 19; apprentice mate (steersman): 18''.


Sec. 10.205  [Amended]

    5. In Sec. 10.205, in paragraph (f)(1), remove the words ``operator 
of uninspected towing vessels'' and add, in their place, the words 
``master or mate (pilot) of towing vessels''; and, in paragraph (g)(3), 
remove the words ``All operators of uninspected towing vessels, oceans 
(domestic trade)'' and add, in their place, the words ``All licenses 
for master or mate (pilot), except apprentice mate (steersman), for 
towing vessels on Oceans''.
    6. In Sec. 10.209, add paragraphs (c)(6) and (7) to read as 
follows:


Sec. 10.209  Requirements for renewal of licenses, certificates of 
registry, and STCW certificates and endorsements.

* * * * *
    (c) * * *
    (6) Except as provided by paragraph (c)(7) of this section, an 
applicant for renewal of a license as master or mate (pilot) of towing 
vessels shall submit satisfactory evidence, predating the application 
by not more than 1 year, of satisfying the requirements of paragraph 
(c)(1)(i) or (ii) of this section, or those of paragraph (c)(1)(iv) of 
this section except the exercise; and of--
    (i) Either completing a practical demonstration of maneuvering and 
handling a towing vessel before a designated examiner or submitting 
documentation in the form of a training-record book listing training, 
drills, experience during the license's validity in which an operator's 
proficiency is assessed over time; and
    (ii) Either passing a rules-of-the-road exercise or completing a 
refresher-training course.
    (7) An applicant for renewal of a license as master or mate (pilot) 
of towing vessels whose most recent license was suspended or revoked by 
an administrative law judge for incompetence shall complete the 
practical demonstration rather than submit the training-record book 
under paragraph (c)(6)(i) of this section.
* * * * *
    7. In Sec. 10.304, redesignate paragraph (h) as (i), and add new 
paragraph (h) to read as follows:


Sec. 10.304  Substitution of training for required service, and use of 
training-record books.

* * * * *
    (h) Each applicant for a license as mate (pilot) of towing vessels, 
and each master or mate of self-propelled vessels of greater than 200 
gross tons seeking an endorsement for towing vessels, shall complete a 
training-record book that contains at least the following:
    (1) Identification of the candidate, including full name, home 
address, photograph or photo-image, and personal signature.
    (2) Objectives of the training and assessment.
    (3) Tasks to be performed or skills to be demonstrated.
    (4) Criteria to be used in determining that the tasks or skills 
have been performed properly.
    (5) Places for a qualified instructor to indicate by his or her 
initials that the candidate has received training in the proper 
performance of the tasks or skills.
    (6) A place for a qualified examiner to indicate by his or her 
initials that the candidate has successfully completed a practical 
demonstration and has proved competent in the task or skill under the 
criteria.
    (7) Identification of each qualified instructor by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast Guard license or document held, and personal signature.
    (8) Identification of each designated examiner by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast

[[Page 55557]]

Guard license or document held, and personal signature confirming that 
his or her initials certify that he or she has witnessed the practical 
demonstration of a particular task or skill by the candidate.
* * * * *
    8. In Sec. 10.403, revise the heading of the section and Figure 
10.403 to read as follows:


Sec. 10.403  Structure of deck licenses.

* * * * *
BILLING CODE 4910-14-M
      

[[Page 55558]]

[GRAPHIC] [TIFF OMITTED] TP27OC97.012



BILLING CODE 4910-14-C

[[Page 55559]]

Sec. 10.412  [Amended]

    9. In Sec. 10.412(a), remove the words ``operator of uninspected 
towing vessels,''.


Sec. 10.414  [Amended]

    10. In Sec. 10.414(a), remove the words ``operator of uninspected 
towing vessels,''.
    11. In Sec. 10.418, revise the heading and paragraph (b) to read as 
follows:


Sec. 10.418  Service for master of Ocean or Near-coastal steam or motor 
vessels of not more than 500 gross tons.

* * * * *
    (b) The holder of a license as master or mate (pilot) of towing 
vessels authorizing service on Oceans or Near-coastal routes is 
eligible for a license as master of Ocean or Near-coastal steam or 
motor vessels of not more than 500 gross tons after both 1 year of 
service as master or mate of towing vessels on Oceans or Near-coastal 
routes and completion of a limited examination.


Sec. 10.420  [Amended]

    12. In Sec. 10.420, remove the words ``operator of uninspected 
towing vessels,''.


Sec. 10.424  [Amended]

    13. In Sec. 10.424(a)(2), remove the words ``operator or second-
class operator of ocean or near coastal uninspected towing vessels'' 
and add, in their place, the words ``master or mate of Ocean or Near-
coastal towing vessels''.
    14. In Sec. 10.426, revise the heading and paragraph (a)(2) to read 
as follows:


Sec. 10.426  Service for master of Near-coastal steam or motor vessel 
of not more than 200 gross tons.

    (a) * * *
    (2) One year of total service as licensed master or mate of towing 
vessels on Oceans or Near-coastal routes. Completion of a limited 
examination is also required.
* * * * *


Sec. 10.442  [Amended]

    15. In Sec. 10.442, paragraphs (a) and (b), remove the words 
``operator of uninspected towing vessels'' from the two places where 
they occur and add, in their places, the words ``master or mate (pilot) 
of towing vessels''.
    16. In Sec. 10.446, revise the heading and paragraph (b) to read as 
follows:


Sec. 10.446  Service for master of Great Lakes and inland steam or 
motor vessels of not more than 500 gross tons.

* * * * *
    (b) The holder of a license as master or mate (pilot) of towing 
vessels is eligible for this license after completion of both 1 year of 
service as master or mate (pilot) of towing vessels and a limited 
examination specific to towing.


Sec. 10.452  [Amended]

    17. In Sec. 10.452(a), remove the words ``operator or second-class 
operator of uninspected towing vessels'' and add, in their place, the 
words ``master or mate (pilot) of towing vessels''.


Sec. 10.462  [Amended]

    18. In Sec. 10.462(c) introductory text, remove the words 
``operator of uninspected towing vessels'' and add, in their place, the 
words ``master or mate (pilot) of towing vessels''.
    19. Add Sec. 10.463 to read as follows:


Sec. 10.463  General requirements for licenses for master, mate 
(pilot), and apprentice mate (steersman) of towing vessels.

    (a) The Coast Guard issues licenses as master and mate (pilot) of 
towing vessels in the following categories:
    (1) Unlimited. For this section, unlimited means a towing vessel of 
less than 200 gross tons not conducting vessel assist.
    (2) Vessel assist.
    (b) The Coast Guard restricts licenses as master and mate (pilot) 
of towing vessels for Oceans and Near-coastal routes by the gross 
tonnage of the towing vessels on which the experience was acquired--by 
200, 500, and 1,600 gross tons, in accordance with Secs. 10.424, 
10.418, and 10.412, respectively.
    (c) The Coast Guard endorses licenses as master, mate (pilot), and 
apprentice mate (steersman) of towing vessels for one or more of the 
following routes:
    (1) Oceans.
    (2) Near-coastal routes.
    (3) Great Lakes and inland routes.
    (4) Rivers.
    (5) Western rivers.
    (6) Restricted local areas designated by Officers in Charge, Marine 
Inspection.
    (d) A license as master or mate of towing vessels endorsed for 
Oceans authorizes service on Oceans. This license also authorizes 
service on a subordinate route of Near-coastal, Great Lakes and inland, 
or Rivers (except Western rivers) upon completion of 30 days of 
observation and training on the specific subordinate route.
    (e) A license as master or mate (pilot) of towing vessels endorsed 
for Near-coastal routes authorizes service on Near-coastal routes, 
Great Lakes and inland routes, and Rivers (except Western rivers) upon 
completion of 30 days of observation and training on each subordinate 
route.
    (f) A license as master or mate (pilot) of towing vessels endorsed 
for Great Lakes and inland routes authorizes service on Great Lakes and 
inland routes and Rivers (except Western rivers) upon completion of 30 
days of observation and training on the subordinate route.
    (g) Before serving as master or mate (pilot) of towing vessels on 
Western rivers, the licensed mariner shall possess 90 days of 
observation and training and have his or her license endorsed for 
Western rivers.
    (h) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a licensed mariner with 
appropriate experience, including 30 days of observation and training 
on the intended route.
    (i) For all inland routes, the license as pilot of towing vessels 
is equivalent to that as mate of towing vessels. All qualifications and 
equivalencies are the same.
    (j) For all inland routes, the license as steersman is equivalent 
to that as apprentice mate. All qualifications and equivalencies are 
the same.
    20. Revise Sec. 10.464 to read as follows:


Sec. 10.464  Licenses as masters of towing vessels.

    (a) For a license as master of towing vessels (unlimited), an 
applicant shall--
    (1) Have 48 months of total service including--
    (i) Eighteen months of service on deck of a towing vessel of 8 
meters (at least 26 feet) or over in length while holding a license as 
mate (pilot) of towing vessels unlimited;
    (ii) Twelve months of the 18 months, as mate (pilot) on towing 
vessels other than vessel assist; and
    (iii) Three months of the 18 months on the particular route sought 
by the applicant; or
    (2)(i) Have 12 months of service as mate (pilot) of towing vessels 
(unlimited) while holding a license as master of towing vessels (vessel 
assist) including 3 months of service on the particular route sought by 
the applicant;
    (ii) Have completed the ``unlimited'' sections of the training-
record book; and
    (iii) Have passed an ``unlimited'' examination.
    (b) For a license as master of towing vessels (vessel assist), an 
applicant shall--
    (1) Have 48 months of total service including--
    (i) Eighteen months of service on deck of a towing vessel of 8 
meters (at least 26 feet) or over in length while holding a license as 
mate (pilot) of towing vessels;

[[Page 55560]]

    (ii) Twelve months of the 18 months, as mate (pilot) on towing 
vessels conducting vessel assist; and
    (iii) Three months of the 18 months on the particular route sought 
by the applicant; or
    (2) Have 12 months of service as mate (pilot) of towing vessels 
(vessel assist) while holding a license as limited master of towing 
vessels including 3 months of service on the particular route sought by 
the applicant.
    (c) For a license as master of towing vessels (vessel assist) 
endorsed for a restricted local area, an applicant shall have 36 months 
of total service including--
    (1) Twelve months of service on deck of a towing vessel of 8 meters 
(at least 26 feet) or over in length as limited mate (pilot) of towing 
vessels; and
    (2) Three months of service on the particular route sought by the 
applicant.
    (d) The holder of a license as master of self-propelled vessels of 
greater than 200 gross tons and first-class pilots may obtain an 
endorsement for towing vessels (restricted to the service presented) if 
he or she--
    (1) Has 30 days of training and observation on towing vessels on 
each of the routes for which the endorsement is sought;
    (2) Submits evidence of assessment of practical demonstration of 
skills, in the form of a training-record book, described in 
Sec. 10.304(e); and
    (3) Passes an examination.
    (e) The holder of a license as master of towing vessels may have a 
restricted endorsement, as mate (pilot) for a route not included in the 
current endorsements on which he or she has no operating experience, 
placed on his or her license after passing an examination for that 
route. Upon completion of 90 days of experience on that route, he or 
she may have the restricted endorsement removed.
    21. Add Sec. 10.465 to read as follows:


Sec. 10.465  Licenses as mates (pilots) of towing vessels.

    (a) For a license as mate (pilot) of towing vessels (unlimited), an 
applicant shall--
    (1) Have 30 months of total service including--
    (i) Twelve months of service on deck of a towing vessel of 8 meters 
(at least 26 feet) or over in length while holding a license as 
apprentice mate (steersman); and
    (ii) Three months of the 12 months on the particular route sought 
by the applicant;
    (2) Submit either--
    (i) A certificate of completion from a Coast-Guard-approved course 
as specified in paragraph (f) of this section; or
    (ii) Evidence of assessment of practical demonstration of skills, 
in the form of a training-record book in accordance with 
Sec. 10.304(e); or
    (3) Have 30 days of service observing and training on towing 
vessels other than vessel assist while holding a license as master of 
towing vessels (vessel assist) and pass a partial examination.
    (b) For a license as mate (pilot) of towing vessels (vessel 
assist), an applicant shall--
    (1) Have 30 months of total service including--
    (i) Twelve months of service on deck of a towing vessel of 8 meters 
(at least 26 feet) or over in length while holding a license as 
apprentice mate (steersman) of towing vessels; or
    (ii) Thirty months of total service on vessel assist towing vessels 
and have passed an apprentice mate (pilot) examination;
    (2) Have 3 months of the last 12 months of service on the 
particular route sought by the applicant; and
    (3) Submit either--
    (i) A certificate of completion from a Coast Guard-approved course 
as specified in paragraph (f) of this section;
    (ii) Evidence of assessment of practical demonstration of skills, 
in the form of a training-record book in accordance with 
Sec. 10.304(e); or
    (iii) Evidence of 30 days of service observing and training on 
towing vessels while holding a limited license as master of towing 
vessels and pass a partial examination.
    (c) For a license as mate (pilot) of towing vessels (vessel assist) 
endorsed for a restricted local area, an applicant shall--
    (1) Have 24 months of total service including 6 months of service 
on deck of a towing vessel of 8 meters (at least 26 feet) or over in 
length as limited apprentice mate (steersman) of towing vessels; and
    (2) Submit either--
    (i) A certificate of completion from a Coast-Guard-approved course 
as specified in paragraph (f) of this section; or
    (ii) Evidence of assessment of practical demonstration of skills, 
in the form of a training-record book in accordance with 
Sec. 10.304(e).
    (d) The holder of a license as mate of self-propelled vessels of 
greater than 200 gross tons may obtain an endorsement for towing 
vessels if he or she--
    (1) Has 30 days of training and observation on towing vessels on 
each route for which the endorsement is requested;
    (2) Submits evidence of assessment of practical demonstration of 
skills, in the form of a training-record book in accordance with 
Sec. 10.304(e); and
    (3) Passes an examination.
    (e) The holder of a license as mate (pilot) of towing vessels may 
have a restricted endorsement, as apprentice mate (steersman) for a 
route not included in the current endorsements on which he or she has 
no operating experience, placed on his or her license after passing an 
examination for that route. Upon completion of 3 months of experience 
in that route, he or she may have the restricted endorsement removed.
    (f) An accepted training course for mate (pilot) of towing vessels, 
whether unlimited or vessel assist, must include formal instruction and 
practical demonstration of proficiency either on board a towing vessel 
or at a shoreside training facility before a designated examiner, and 
must cover--
    (1) Shipboard management and training;
    (2) Seamanshp;
    (3) Navigation;
    (4) Watchkeeping;
    (5) Radar;
    (6) Meteorology;
    (7) Maneuvering and handling of towing vessels;
    (8) Engine-room basics; and
    (9) Emergency procedures.
    22. Redesignate Sec. 10.466 as Sec. 10.467 and add a new 
Sec. 10.466 to read as follows:


Sec. 10.466  Service for apprentice mate (steersman) of towing vessels.

    (a) For a license as apprentice mate (steersman) of towing vessels, 
an applicant shall--
    (1) Have 18 months of service on deck including 12 months on towing 
vessels;
    (2) Have 3 months of the 18 months on the particular route sought 
by the applicant; and
    (3) Pass the examination specified in subpart I of this part.
    (b) For a license as limited apprentice mate (steersman) of towing 
vessels, an applicant shall--
    (1) Have 18 months of service on deck including 12 months on towing 
vessels;
    (2) Have 3 months of the 18 months on the particular route sought 
by the applicant; and
    (3) Pass the examination.
    (c) The holder of a license as apprentice mate (steersman) of 
towing vessels may have a restricted endorsement, as limited apprentice 
mate (steersman) for a route not included in the current endorsements 
on which he or she has no operating experience, placed on his or her 
license

[[Page 55561]]

upon passing an examination for that route. Upon completion of 3 months 
of experience in that route, he or she may have the restricted 
endorsement removed.
    23. In Sec. 10.482, revise paragraph (a) to read as follows:


Sec. 10.482  Assistance towing.

    (a) This section contains the requirements to qualify for an 
endorsement authorizing an applicant to engage in assistance towing. 
The endorsement applies to all licenses except those for master and 
mate (pilot) of towing vessels and those for master or mate authorizing 
service on inspected vessels over 200 gross tons. Holders of any of 
these licenses may engage in assistance towing within the scope of the 
licenses and without the endorsement.
* * * * *


Sec. 10.701  [Amended]

    24. In Sec. 10.701(a), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.


Sec. 10.703  [Amended]

    25. In Sec. 10.703(a), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.


Sec. 10.901  [Amended]

    26. In Sec. 10.901(b)(1), remove the words ``uninspected towing 
vessels'' and add, in their place, the words ``master or mate (pilot) 
of towing vessels''.
    27. In Sec. 10.903, revise paragraphs (a)(18) and (b)(4) to read as 
follows:


Sec. 10.903  Licenses requiring examinations.

    (a) * * *
    (18)(i) Apprentice mate (steersman) of towing vessels;
    (ii) Mate (pilot) of towing vessels, vessel assist;
* * * * *
    (b) * * *
    (4) Master or mate (pilot) of towing vessels (endorsed for the same 
route).
    28. In Sec. 10.910, revise paragraphs 10 through 12 in Table 
10.910-1 to read as follows:


Sec. 10.910  Subjects for deck licenses.

* * * * *
    10. Apprentice mate, towing vessels, Oceans (domestic trade) and 
Near-coastal routes.
    11. Apprentice mate (steersman), towing vessels, Great lakes and 
inland routes.
    12. Steersman, towing vessels, Western rivers.
* * * * *

PART 15--MANNING REQUIREMENTS

    29. Revise the authority citation for part 15 to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 9102; 50 U.S.C. 198; and 49 CFR 1.45 and 1.46.


Sec. 15.301  [Amended]

    30. In Sec. 15.301, remove paragraph (b)(6); and redesignate 
paragraphs (b)(7) through (10) as paragraphs (b)(6) through (9).
    31. Revise section Sec. 15.610 and its heading to read as follows:


Sec. 15.610  Masters and mates (pilots) of towing vessels.

    Every towing vessel at least 8 meters (at least 26 feet) in length 
measured from end to end over the deck (excluding sheer), except a 
vessel described by the next sentence, must be under the direction and 
control of a person licensed as master or mate (pilot) of towing 
vessels or as master or mate of appropriate gross tonnage holding an 
endorsement of his or her license for towing vessels. This does not 
apply to any vessel engaged in assistance towing, or to any towing 
vessel of less than 200 gross tons engaged in the offshore mineral and 
oil industry if the vessel has sites or equipment of that industry as 
its place of departure or ultimate destination.


Sec. 15.705  [Amended]

    32. In Sec. 15.705(d), remove the words ``individual operating an 
uninspected towing vessel'' and add, in their place, the words ``master 
or mate (pilot) operating a towing vessel''; and remove the words 
``individuals serving as operators of uninspected towing vessels'' and 
add, in their place, the words ``masters or mates (pilots) serving as 
operators of towing vessels''.
    33. In Sec. 15.805, add paragraph (a)(5) to read as follows:


Sec. 15.805  Master.

    (a) * * *
    (5) Every towing vessel of 8 meters (at least 26 feet) or more in 
length.
* * * * *
    34. In Sec. 15.810, redesignate paragraphs (d) and (e) as (e) and 
(f); and add a new paragraph (d) to read as follows:


Sec. 15.810  Mates.

* * * * *
    (d) Each person in charge of the navigation or maneuvering of a 
towing vessel of 8 meters (at least 26 feet) or more in length shall 
hold either a license authorizing service as mate of towing vessels--
or, on inland routes, as pilot of towing vessels--or a license as 
master of appropriate gross tonnage according to the routes, endorsed 
for towing vessels.
* * * * *
    35. Revise Sec. 15.910 and its heading to read as follows:


Sec. 15.910  Towing vessels.

    No person may serve as master or mate (pilot) of any towing vessel 
of 8 meters (at least 26 feet) or more in length unless he or she holds 
a license explicitly authorizing such service.

    Dated: October 17, 1997.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 97-28409 Filed 10-24-97; 8:45 am]
BILLING CODE 4910-14-M