Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 26933 

described in paragraph (a)(2) of this 

section. 

(2) The significant new use is: 

Manufacturing (including importing) or 

processing for any of the following uses: 

(i) Arc chutes; 

(ii) Beater-add gaskets; 

(iii) Extruded sealant tape and other 

tape; 

(iv) Filler for acetylene cylinders; 

(v) High grade electrical paper; 

(vi) Millboard; 

(vii) Missile liner; 

(viii) Adhesives, sealants, roof and 

non-roof coatings; 

(ix) Pipeline wrap; 

(x) Reinforced plastics; 

(xi) Roofing felt; 

(xii) Separators in fuel cells and 

batteries; 

(xiii) Vinyl-asbestos floor tile; or 

(xiv) Other building products (other 

than cement products). 

(b) Specific requirements. (1) Section 

721.45(f) does not apply to this section. 

A person who intends to manufacture 

(including import) or process the 

substance identified in paragraph (a)(1) 

of this section for the significant new 

use identified in (a)(2) of this section as 

part of an article is subject to the 

notification provisions of § 721.25. 

(2) [Reserved] 

[FR Doc. 2018–12513 Filed 6–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 10, 11, and 15 

[Docket No. USCG–2018–0100] 

RIN 1625–AC46 

Amendments to the Marine Radar 

Observer Refresher Training 

Regulations 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

revise its merchant mariner 

credentialing regulations to remove 

obsolete portions of the radar observer 

requirements and harmonize the radar 

observer endorsement with the 

merchant mariner credential. Under this 

proposed rule, an active mariner who 

serves in a relevant position for 1 year 

in the previous 5 years using radar for 

navigation and collision avoidance 

purposes on vessels equipped with 

radar, or has served as a qualified 

instructor for a Coast Guard-approved 

radar course at least twice within the 

past 5 years, would not be required to 

complete a Coast Guard-approved radar 

refresher or re-certification course in 

order to renew his or her radar observer 

endorsement. This proposed rule would 

not change the existing requirements for 

mariners seeking an original radar 

observer endorsement or mariners who 

do not have either 1 year of relevant sea 

service on board radar-equipped vessels 

in the previous 5 years or service as a 

qualified instructor for a Coast Guardapproved radar course at least twice 

within the past 5 years. Elimination of 

the requirement to take a radar refresher 

or re-certification course every 5 years 

would reduce burden on affected 

mariners without impacting safety. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 11, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0100 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Mr. Davis Breyer, Coast Guard; 

telephone 202–372–1445, email 

davis.j.breyer@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Basis and Purpose 

IV. Background 

V. Discussion of Proposed 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 Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

The Coast Guard views public 

participation as essential to effective 

rulemaking, and will consider all 

comments and material received during 

the comment period. Your comment can 

help shape the outcome of this 

rulemaking. If you submit a comment, 

please include the docket number for 

this rulemaking, indicate the specific 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. Documents 

mentioned in this proposed rule, and all 

public comments, are available in our 

online docket at http://

www.regulations.gov, and can be viewed 

by following that website’s instructions. 

Additionally, if you go to the online 

docket and sign up for email alerts, you 

will be notified when comments are 

posted or a final rule is published. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

We do not plan to hold a public 

meeting but we will consider doing so 

if public comments indicate that a 

meeting would be helpful. We would 

issue a separate Federal Register notice 

to announce the date, time, and location 

of such a meeting. 

II. Abbreviations 

BLS Bureau of Labor Statistics 

CFR Code of Federal Regulations 

CGAA 2015 Coast Guard Authorization Act 

of 2015 

DHS Department of Homeland Security 

FR Federal Register 

MERPAC Merchant Marine Personnel 

Advisory Committee 

MMLD Merchant Mariner Licensing and 

Documentation 

MMC Merchant Mariner Credential 

OMB Office of Management and Budget 

§ Section 

STCW International Convention on the 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended 

STCW Code Seafarers’ Training, 

Certification and Watchkeeping Code 

U.S.C. United States Code 

III. Basis and Purpose 

The purpose of this proposed rule is 

to amend the radar observer 

endorsement requirements by removing 

obsolete portions and harmonizing the 

expiration dates of the radar observer 

endorsement and the merchant mariner 

credential (MMC). 

The Coast Guard is authorized to 

determine and establish the experience 

and professional qualifications required 


daltland on DSKBBV9HB2PROD with PROPOSALS
26934 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 

1Public Law 114–120, sec. 304(c), creates an 

exception for individuals (1) holding a merchant 

mariner credential with—(A) an active Standards of 

Training, Certification, and Watchkeeping 

endorsement; or (B) Federal first-class pilot 

endorsement; or (2) who have been issued a timerestricted medical certificate. 

2CG–MMC Policy Letter 01–18: Guidelines for 

Requesting Harmonization of Expiration Dates of 

Merchant Mariner Credentials and Mariner Medical 

Certificates when Applying for an Original or 

Renewal Merchant Mariner Credential. https://

www.dco.uscg.mil/Portals/9/DCO%20Documents/ 

5p/5ps/MMC/CG-MMC-2%20Policies/CGMMC%2001-18%20Harmonization.pdf?ver=2018- 

03-02-071916-180. 

3See Task Statement #91 from MERPAC https:// 

homeport.uscg.mil/Lists/Content/DispForm.aspx?

&ID=805&Source=https://homeport.uscg.mil/ 

missions/ports-and-waterways/safety-advisorycommittees/merpac/task-statements-2. 

4The S.S. Andrea Doria and the M.V. Stockholm 

collision occurred off Nantucket in heavy fog at 

approximately 10:30 p.m. on July 25, 1956, and 

resulted in multiple fatalities. 

5 In response to increased marine casualties 

because of untrained mariners, the Port and Tanker 

Safety Act of 1978 and the International Maritime 

Organization, through adoption of STCW resolution 

18, ‘‘Radar simulator training’’ and resolution 20, 

‘‘Training in the use of collision avoidance aids’’ 

developed training standards centered on live 

marine radar equipment, including radar 

simulators. 

for the issuance of officer credentials 

pursuant to 46 U.S.C. 7101. Authority 

under 46 U.S.C. 7101 has been 

delegated to the Commandant of the 

Coast Guard by Department of 

Homeland Security Delegation No. 

0170.1(II)(92)(e). The specifics of these 

professional qualifications and the Coast 

Guard’s evaluation process are 

prescribed by 46 CFR parts 10 and 11, 

and the manning requirements are in 46 

CFR part 15. 

Section 304 of the Coast Guard 

Authorization Act of 2015 (CGAA 2015), 

Public Law 114–120, February 8, 2016 

(codified as a statutory note to 46 U.S.C. 

7302), requires the harmonization of 

expiration dates of a mariner’s radar 

observer endorsement with his or her 

MMC and the medical certificate, 

subject to certain exceptions.1

Furthermore, the CGAA 2015 specifies 

that the process to harmonize cannot 

require a mariner to renew the MMC 

before it expires. This proposed rule 

would meet the statutory requirement 

with regard to the radar observer 

endorsement. The requirement 

regarding the medical certificate is 

already met through policy.2

IV. Background 

Currently, 46 CFR 11.480 requires that 

a mariner with a radar observer 

endorsement complete a Coast Guardapproved radar observer refresher or recertification course every 5 years to 

maintain a valid radar observer 

endorsement on his or her MMC. The 

MMC is typically valid for a 5-year 

period in accordance with 46 U.S.C. 

7302(f). Under the current regulation, 

the radar observer endorsement must be 

added to the MMC. However, the course 

completion certificate dictates the 

validity of the radar observer 

endorsement. This requires the mariner 

to carry the MMC and have the course 

completion certificate available in order 

to demonstrate compliance with the 

regulations. Under current regulation, it 

is not possible to harmonize the 

expiration dates of the radar course 

completion certificate and the MMC. 

The Coast Guard sought comments 

from the Merchant Marine Personnel 

Advisory Committee (MERPAC) about 

harmonization. In September 2015, at 

Meeting 43, MERPAC recommended 

that the Coast Guard review whether 

requiring a radar refresher or recertification course for mariners with 

relevant and recent underway service on 

a vessel equipped with radar should be 

considered adequate experience for 

renewal (MERPAC Recommendation 

2015–56).3 MERPAC recommended the 

Coast Guard consider the history of the 

radar observer endorsement, the current 

state of radar observer training and 

prevalence of radar, and the concept 

that knowledge and skills will degrade 

with time if not used or refreshed 

through training. MERPAC also 

recommended the Coast Guard consider 

whether the radar observer endorsement 

must be on the credential. 

The Coast Guard first added a 

requirement to prove continued 

competence in radar operation every 5 

years by completing a professional 

examination or completing a Coast 

Guard-approved course in 1958 (23 FR 

3447, May 21, 1958). As discussed in 

that final rule, the merchant mariner 

license endorsement ‘‘Radar Observer’’ 

has its roots in a report by the Technical 

Staff of the Committee on Merchant 

Marine and Fisheries to the U.S. House 

of Representatives concerning the S.S. 

Andrea Doria and the M.V. Stockholm 

collision.4 That report recommended 

providing adequate training for deck 

officers and requiring certification of 

officers such as radar observers. The 

International Maritime Organization 

included a requirement for radar 

training in its International Convention 

on the Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, as amended (STCW) 

and the STCW Code.5

The Coast Guard believes that the 

potential for accidents continues, and 

that it is important for mariners to 

continue to benefit from training to be 

proficient in the use of radar as both a 

navigation and collision avoidance tool. 

The Coast Guard also believes that radar 

is now a commonly used navigation and 

collision avoidance tool. Radar carriage 

requirements, both in the United States 

and internationally, have increased in 

the last 60 years, and the current 

domestic training requirements have 

been in place for the last 35 years. 

Currently, mariners on vessels outfitted 

with radar maintain proficiency in the 

use of radar through its constant use to 

navigate and prevent collisions. 

Therefore, the Coast Guard has 

concluded that the current requirement 

for the completion of a radar refresher 

or re-certification course for mariners 

with relevant and recent service in a 

position using radar for navigation and 

collision avoidance purposes on board 

vessels equipped with radar is not 

necessary. Completion of refresher 

training is unnecessarily burdensome to 

mariners who routinely use radar. 

Section 304 of the CGAA 2015 

requires the harmonization of expiration 

dates of a mariner’s radar observer 

endorsement with his or her MMC, and 

prohibits requiring a mariner to renew 

a credential before it expires. In this 

context, the Coast Guard believes that 

the MMC is the primary credential 

documenting the individual’s 

qualifications to perform specific 

functions on board a ship, and should 

be the point of alignment when 

harmonizing the expiration dates of a 

mariner’s endorsements. 

In looking at this requirement, the 

Coast Guard also considered Executive 

Order 13771 of January 30, 2017, 

Reducing Regulation and Controlling 

Regulatory Costs, and Office of 

Management and Budget (OMB) 

Guidance of April 5, 2017, on that 

Executive order; and Executive Order 

13777 of February 24, 2017, Enforcing 

the Regulatory Reform Agenda. These 

directives require agencies to review 

regulations in order to provide a 

reduction of regulatory costs to 

members of the public. Elimination of 

the requirement to take a radar refresher 

or re-certification course every 5 years 

will eliminate an unnecessary burden 

on the active mariner and make 

harmonization possible. 

V. Discussion of Proposed Rule 

In this proposed rule, the Coast Guard 

proposes to revise its regulations so that 

the mariner who serves in a relevant 

position on board a radar-equipped 

vessel for 1 year in the previous 5 years 

is not required to complete a Coast 

Guard-approved radar refresher or recertification course per 46 CFR 11.480 

to renew their radar observer 

endorsement. The proposed 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 26935 

6Michael W. Gillen, ‘‘Degradation of Piloting 

Skills’’ (Master’s Thesis), University of North 

Dakota, Grand Forks (2008), assesses professional 

aircraft pilots’ basic instrument skills in the age of 

highly automated cockpits. In addition to the 

specific findings related to the aircraft pilots, the 

document contains a literature review of applicable 

background studies concerning the general theory 

of learning related to skill acquisition, retention, 

and declination. The referenced literature includes 

a discussion of the inverse nature of practice and 

completion time—previous studies showed that the 

time required to perform a task declined at a 

decreasing rate as experience with the task 

increased. Results from some of these previous 

studies indicated a rapid rate of learning 

depreciation. 

Arthur Winfred, Jr., Bennett Winston, Jr., Pamela 

L. Stanush, and Theresa L. McNelly, ‘‘Factors That 

Influence Skill Decay and Retention: A Quantitative 

Review and Analysis’’, 11(1) Human Performance 

57 (1998), presents a review of skill retention and 

skill decay literature about factors that influence the 

loss of trained skills or knowledge over extended 

periods of non-use. Results indicated that there is 

substantial skill loss after more than 365 days of 

non-use or non-practice. Physical, natural, and 

speed-based tasks—such as checklist and repetitive 

tasks—were less susceptible to skill loss than 

decision-making tasks that are cognitive, artificial, 

and accuracy-based. Collision avoidance and 

navigation using radar can be considered examples 

of the latter category. 

John M. O’Hara, ‘‘The Retention of Skills 

Acquired Through Simulator-based Training’’, 33(9) 

Ergonomics 1143 (1990), examines the loss of skills 

among two groups of merchant marine cadets that 

were tested for watchstanding skills immediately 

preceding and following a 9-month simulator-based 

training program. The mitigation of decay as a 

function of a retraining experience was also 

evaluated. The results indicated that watchstanding 

skills improved following training and declined 

over the 9-month retention interval, and that 

refresher training was effective in terms of skill loss 

mitigation for some skill areas. 

requirement for 1 year of sea service 

within the past 5 years is consistent 

with similar existing sea service 

requirements found in, for example, 46 

CFR 10.227(e)(1), Requirements for 

Renewal of an MMC; 46 CFR 11.302(c), 

Basic Training; and 46 CFR 11.303(c), 

Advanced Firefighting. For the purposes 

of this proposed rule, relevant sea 

service means having served in a 

position using radar for navigation and 

collision avoidance purposes on a radarequipped vessel. 

Additionally, mariners who provide 

evidence of being a qualified instructor 

and having taught a Coast Guardapproved radar endorsement refresher 

or re-certification course at least twice 

within the past 5 years would not be 

required to complete a radar refresher or 

re-certification course. The 5-year 

interval is based on both national and 

STCW endorsement requirements that 

follow recognized principles and 

standards of maritime skill acquisition 

and retention. The provision to allow 

renewal of the endorsement by an 

instructor of the radar course is the 

same provision that currently exists 

under 46 CFR 10.227(e)(1)(v) for MMC 

renewals. This provision would be 

applied to the radar observer 

endorsement. 

This proposed rule would eliminate 

the requirement to carry a certificate of 

training if the radar observer 

endorsement is on the MMC, and would 

allow the endorsement and MMC to 

expire at the same time. 

The Coast Guard did consider 

removing the radar refresher or recertification course requirement 

altogether. However, the Coast Guard 

believes that the competencies required 

by a radar observer would degrade if the 

mariner does not use them on board 

vessels or periodically refresh them by 

teaching or completing a course. The 

concept that knowledge and skills will 

degrade with time if not used or 

refreshed has been applied in other 

basic maritime training arenas, such as 

the STCW requirements for basic 

training and a firefighting refresher 

course every 5 years, and is a recognized 

factor within the education industry. 

While there are few specific studies in 

skill degradation in the maritime 

industry, this issue has been the subject 

of discussion for decades in other 

industries, including the aviation 

industry, which is very similar to the 

maritime industry.6 Also, radar 

continues to be incorporated into other 

shipboard systems and continues to 

change with advancements in 

technology. The radar observer must 

keep current with these changes through 

onboard utilization of skills or a formal 

course of instruction. As a result, the 

Coast Guard did not pursue removing 

refresher training altogether. 

In summary, the Coast Guard is 

proposing to continue to require 

attendance at a radar refresher or recertification course for mariners seeking 

to renew a radar observer endorsement 

who do not have 1 year of relevant sea 

service in the previous 5 years using 

radar for navigation and collision 

avoidance purposes on vessels equipped 

with radar. As discussed earlier, 

mariners with radar observer 

endorsements who do have 1 year of 

relevant sea service within the previous 

5 years and served in a position using 

radar for navigation and collision 

avoidance purposes on board a radarequipped vessel, or who have met 

certain instructor requirements, would 

be able to renew the radar observer 

endorsement without completing a 

course. In addition, the radar observer 

endorsement would expire with the 

MMC, and the mariner with a radar 

observer endorsement would no longer 

be required to present a course 

completion certificate within 48 hours 

of the demand to do so by an authorized 

official. 

Following is a section-by-section 

discussion of the proposed changes. 

46 CFR 11.480 Radar Observer 

This proposed rule would revise 46 

CFR 11.480(d), (e), (f), (g), and (h). 

Pursuant to these changes, a current 

course completion certificate from a 

Coast Guard-approved radar refresher or 

re-certification course in accordance 

with 46 CFR 11.480 would no longer be 

the only determinant of a mariner’s 

continued competency as a radar 

observer. 

The proposed rule would revise 46 

CFR 11.480 to apply the provisions of 

46 CFR 10.227(e)(1)(v) to the radar 

observer endorsement. A qualified 

instructor who has taught a Coast 

Guard-approved radar observer course 

at least twice within the past 5 years 

would not be required to complete a 

refresher or re-certification course 

because he or she will have met the 

standards to receive a course 

completion certificate. During the 

course approval process in accordance 

with 46 CFR subpart D, instructors are 

evaluated to determine whether they are 

qualified to teach the course; a qualified 

instructor does not need to complete a 

refresher or re-certification course. 

This proposed rule would allow 

mariners to use recent sea service in 

place of completing a radar refresher or 

re-certification course. Mariners able to 

provide evidence of 1 year of relevant 

sea service within the last 5 years in a 

position using radar for navigation and 

collision avoidance purposes on vessels 

equipped with radar would not be 

required to attend a course to obtain a 

course completion certificate. 

If the radar observer endorsement is 

on the MMC, then the radar observer 

endorsement is valid for the same 

period as the MMC. The validity of the 

MMC will coincide with the validity of 

the radar endorsement if the applicant 

provides the following information: (1) 

Evidence of 1 year of sea service within 

the last 5 years in a position using radar 

for navigation and collision avoidance 

purposes on board radar-equipped 

vessels; (2) evidence of having been a 

qualified instructor who has taught a 

Coast Guard-approved radar observer 

course at least twice within the past 5 

years; or (3) successful completion of a 

Coast Guard-approved radar course 

within the past 5 years. If the applicant 

does not provide evidence of meeting 

the requirements for the radar observer 

endorsement, the endorsement will not 

be placed on the MMC. 


daltland on DSKBBV9HB2PROD with PROPOSALS
26936 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 

46 CFR 15.815 

The Coast Guard proposes to revise 

§ 15.815 to eliminate the requirement 

that a person required to hold a radar 

endorsement must have his or her 

course completion certificate readily 

available. Having the course completion 

certificate available is not necessary if 

the MMC reflects a radar observer 

endorsement, because the radar observer 

endorsement indicates adequate training 

or experience demonstrated through one 

of the three methods described in this 

proposed rule. 

The proposed rule would revise 

§ 15.815(d) to allow the mariners listed 

in § 15.815(a), (b), and (c), to sail 

without a radar observer endorsement 

provided that they hold, and have 

immediately available, a course 

completion certificate, issued within the 

last 5 years, from a Coast Guardapproved radar course. This would 

create flexibility for mariners who were 

not qualified for the radar observer 

endorsement at their last credential 

application but have subsequently 

completed a Coast Guard-approved 

radar course and hold a course 

completion certificate. 

46 CFR 10.232 

Finally, the Coast Guard proposes to 

add a corresponding requirement to 

§ 10.232(a) so that the sea service letter 

indicates whether the vessel the mariner 

has served on is equipped with radar, 

and that the mariner served in a 

position using radar for navigation and 

collision avoidance purposes. While 

certain vessels are required to carry 

radar, some vessels are not required to 

do so, such as offshore supply vessels of 

less than 100 gross tons and 

mechanically propelled vessels of less 

than 1,600 gross tons in ocean or 

coastwise service. This proposed rule 

would ensure that mariners serving in a 

position using radar for navigation and 

collision avoidance purposes on vessels 

equipped with radar will get credit 

towards renewal of the radar observer 

endorsement, regardless of whether the 

vessel was required to carry radar. 

VI. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

A summary of our analyses based on 

these statutes or Executive orders 

follows. 

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 promoting flexibility. Executive 

Order 13771 (Reducing Regulation and 

Controlling Regulatory Costs), directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

This proposed rule is not designated 

a significant regulatory action by OMB 

under section 3(f) of Executive Order 

12866. Accordingly, OMB has not 

reviewed it. OMB considers this rule to 

be an Executive Order 13771 

deregulatory action. See the OMB 

Memorandum titled ‘‘Guidance 

Implementing Executive Order 13771, 

titled ‘Reducing Regulation and 

Controlling Regulatory Costs’ ’’ (April 5, 

2017). 

This regulatory analysis provides an 

evaluation of the economic impacts 

associated with this proposed rule. The 

Coast Guard proposes to revise its 

regulations so that the mariner who 

served on board a radar-equipped vessel 

for 1 year in the previous 5 years, in a 

position using radar for navigation and 

collision avoidance purposes, is not 

required to complete a Coast Guardapproved radar refresher or recertification course to renew their radar 

observer endorsement, as discussed in 

section V of this proposed rule. 

Additionally, mariners who provide 

evidence of being a qualified instructor 

and having taught a Coast Guardapproved radar endorsement refresher 

or re-certification course at least twice 

within the past 5 years would not be 

required to complete a radar refresher or 

re-certification course. Table 1 provides 

a summary of the affected population, 

costs, and cost savings after 

implementation of this proposed rule. 

The total 10-year discounted cost 

savings of the rule would be 

$47,678,762 and the annualized total 

cost savings would be $6,788,383, both 

discounted at 7 percent. We expect that 

an average of 7,037 mariners would 

benefit from this proposed rule each 

year. The proposed rule would result in 

cost savings to these mariners for no 

longer incurring the costs to complete 

the radar observer refresher course. 

There would be no impact to those 

mariners seeking an original radar 

observer endorsement or who do not 

have 1 year of relevant sea service in a 

position using radar for navigation and 

collision avoidance purposes on board 

radar-equipped vessels on board radarequipped vessels in the previous 5 

years. This proposed rule would not 

impose costs on industry. 

TABLE 1—SUMMARY OF THE IMPACTS OF PROPOSED RULE

Change Description Affected population Costs Cost savings 

Revise 46 CFR 11.480 (d), (e), 

(f), (g), and (h).

Revise the merchant mariner 

credentialing regulations to 

allow mariners who are 

qualified instructors and 

mariners with 1 year of sea 

service in the previous 5 

years using radar for navigation and collision avoidance 

purposes on radar-equipped 

vessels to retain their radar 

observer endorsement without being required to take a 

radar renewal or re-certification course.

Total of 35,183 mariners would 

no longer be required to take 

radar refresher or re-certification course. Annual average of 7,037 mariners per 

year benefit from proposed 

rule (rounded).

No cost ..................................... $6,788,830 annualized and 

$47,678,762 10-year present 

value monetized industry 

benefits (cost savings) (7% 

discount rate). 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 26937 

TABLE 1—SUMMARY OF THE IMPACTS OF PROPOSED RULE—Continued 

Change Description Affected population Costs Cost savings 

Revise 46 CFR 15.815 ............ Remove requirement that a 

person with a radar observer 

endorsement must have a 

certificate of training readily 

available.

35,183 mariners ....................... No cost ..................................... No cost savings. 

Revise 46 CFR 10.232(a)(2) ... Add requirement that sea service letters include the information that the vessel the 

mariner has served on is 

radar equipped and the mariner served in a position 

using radar for navigation 

and collision avoidance purposes.

35,183 mariners ....................... No quantifiable cost. Cost to 

add one line item to company’s regular update to the 

service letter is too small to 

quantify.

No cost savings. 

The proposed revisions to 46 CFR 

11.480 would result in cost savings to 

those mariners who no longer would 

have to complete the radar observer 

refresher course. 

The proposed revisions to 46 CFR 

15.815 would eliminate the requirement 

that a person holding a radar 

endorsement must also have his or her 

course completion certificate readily 

available. While the mariner would no 

longer physically have to carry the 

certificate, the mariner would still have 

to physically carry an MMC that reflects 

a radar observer endorsement. The costs 

of obtaining the copy of the certificate 

are included in the cost of the 

completion of the course. Therefore, any 

cost savings from these revisions are 

included in the calculations of the cost 

savings to the revisions to 46 CFR 

11.480. Those mariners who do not have 

an MMC that reflects a radar observer 

endorsement would be allowed to sail if 

they hold, and have immediately 

available, a course completion 

certificate, issued within the last 5 

years, from a Coast Guard-approved 

radar course. There is no impact to these 

mariners, as they currently have to carry 

a certificate to show course completion. 

The proposed revisions to 46 CFR 

10.232 would add a requirement that 

the sea service letter indicate whether 

the mariner served on a vessel equipped 

with radar, and if the mariner served in 

a position using radar for navigation and 

collision avoidance purposes. The 

operating companies that use service 

letters are already required to provide 

mariner service information. The 

companies would have to add a line 

item once per vessel, and then the letter 

would be available for all other mariners 

serving on a radar-equipped vessel 

using radar for navigation and collision 

avoidance purposes. The companies 

generally produce a service letter once 

every 5 years to provide the employees 

the documentation necessary to renew 

their credentials. Because the cost to 

add one line item is a minimal burden 

and could be included in the company’s 

regular updates to the service letter, we 

consider the proposed revisions to 46 

CFR 10.232 to have no additional 

burden or cost savings to industry. 

Affected Population 

We expect that this proposed rule 

would affect mariners with a radar 

observer endorsement and mariners 

who would need one in the future. More 

specifically, it would affect those 

mariners with at least 1 year of sea 

service in the previous 5 years in a 

position using radar for navigation and 

collision avoidance purposes on board a 

radar-equipped vessel, as they will no 

longer be required to complete a Coast 

Guard-approved radar refresher or recertification course per 46 CFR 11.480 

in order to renew their radar observer 

endorsement. It would also affect 

mariners who have served as instructors 

for a Coast Guard-approved radar course 

at least twice within the past 5 years, 

the majority of whom hold a valid 

endorsement and would be included in 

the affected population. The radar 

observer endorsement would expire 

with the MMC and the mariner would 

no longer be required to carry the course 

completion certificate so that it can be 

presented to the Coast Guard upon 

demand. 

We used data from the Coast Guard’s 

Merchant Mariner Licensing and 

Documentation (MMLD) system to 

estimate the average number of mariners 

affected by this proposed rule. The 

MMLD system is used to produce MMCs 

at the National Maritime Center. Table 

2 below shows the radar endorsement 

data from the MMLD system used to 

estimate the affected population. The 

MMLD system does not have exam data 

prior to 2011 for the mariners who took 

the rules of the road exam to renew an 

MMC. 

TABLE 2—MARINERS HOLDING RADAR OBSERVER ENDORSEMENTS

Year 

Mariners who hold 

a radar observer 

endorsement 

(current total 

population) 

Mariners who took 

rules of the road 

exam to renew 

MMC 

Mariners who 

benefit from 

proposed rule 

2011 ........................................................................................................................... 37,612 488 37,124 

2012 ........................................................................................................................... 38,114 572 37,542 

2013 ........................................................................................................................... 37,011 638 36,373 

2014 ........................................................................................................................... 35,262 671 34,591 

2015 ........................................................................................................................... 34,280 716 33,564 

2016 ........................................................................................................................... 34,546 777 33,769 

2017 ........................................................................................................................... 34,076 755 33,321 

Average Total Mariners ...................................................................................... 35,843 660 35,183 


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7Maritime Professional Training, course cost of 

$199, found at http://www.mptusa.com/course/149- 

Radar-Observer-Recertification-Renewal. 

8Compass Courses, course cost of $250, found at 

http://compasscourses.com/maritime-safetytraining-courses/radar-re-certification/. 

9The Marine Training Institute, course cost of 

$225, found at http://themarinetraining

institute.com/ecdis-radar-recertification/. 

10Calhoon MEBA Engineering School, course 

cost of $225, found at http://rro.cutwater.org/. 

11Maritime Institute of Technology & Graduate 

Studies, course cost of $243, found at https://

www.mitags-pmi.org/courses/view/Radar_

Observer_Recertification. 

12 46 CFR 10.107, https://ecfr.io/Title-46/pt46.

1.10#se46.1.10_1107. 

13Mean wage, https://www.bls.gov/oes/2016/ 

may/oes535021.htm. 

14Employer Costs for Employee Compensation 

provides information on the employer 

compensation and can be found in table 9 at https:// 

www.bls.gov/news.release/archives/ecec_

03172017.pdf. The loaded wage factor is equal to 

TABLE 2—MARINERS HOLDING RADAR OBSERVER ENDORSEMENTS—Continued 

Year 

Mariners who hold 

a radar observer 

endorsement 

(current total 

population) 

Mariners who took 

rules of the road 

exam to renew 

MMC 

Mariners who 

benefit from 

proposed rule 

Impacted per Year .............................................................................................. 7,169 132 7,037 

The ‘‘Mariners Who Hold a Radar 

Observer Endorsement’’ column shows 

the number of unique mariners who, on 

January 1 of each year, held a valid 

MMC with a radar observer 

endorsement. Per § 11.480, each 

applicant for a renewal of a radar 

observer endorsement must complete 

the appropriate Coast Guard-approved 

refresher or re-certification course, 

receive the appropriate course 

completion certificate, and present the 

certificate or a copy of the certificate to 

the Coast Guard. A radar observer 

endorsement is typically valid for 5 

years from the date of completion of the 

Coast Guard-approved course. From 

2011 to 2017, there was an average of 

35,843 total mariners with a valid MMC 

with a radar observer endorsement. The 

Coast Guard does not have more 

detailed information as to the expiration 

for each mariner’s radar observer 

endorsement. Therefore, we divided the 

total mariners by 5 to estimate that an 

average of 7,169 mariners currently 

would need to take the radar renewal 

course each year (35,843 total mariners/ 

5, rounded to nearest whole number). 

Under this proposed rule, the Coast 

Guard expects that a portion of the total 

mariners would not have 1 year of sea 

service in the last 5 years in a position 

using radar for navigation and collision 

avoidance purposes on board radarequipped vessels. There are some 

mariners who are inactive but still 

complete the requirements to renew an 

MMC. The requirements for the renewal 

of an MMC are in § 10.227. In order to 

renew their credentials, mariners must 

present acceptable documentary 

evidence of at least 1 year of sea service 

during the past 5 years, or pass a 

comprehensive, open-book exercise that 

includes a rules of the road 

examination. Mariners who take the 

rules of the road exam are tracked in the 

MMLD database. The ‘‘Mariners Who 

Took Rules of the Road Exam to Renew 

MMC’’ column in table 3 shows the 

number of the unique mariners in the 

‘‘Mariners Who Hold a Radar Observer 

Endorsement (Current Total 

Population)’’ column who took the rules 

of the road examination as part of the 

MMC renewal process for their existing 

valid MMC, not the number of mariners 

who took the rules of the road exam in 

that given year. Therefore, we used this 

as a proxy to estimate the number of 

mariners who did not have 1 year of sea 

service in the last 5 years. Under this 

proposed rule, an average of 660 total 

mariners would still have had to take a 

radar refresher or re-certification course 

in order to maintain the radar observer 

endorsement. The Coast Guard does not 

have more detailed information as when 

each mariner took the radar refresher or 

re-certification course over the 5-year 

period. We divided the total mariners by 

5 to find an average of 132 mariners 

would still need to take the exam each 

year (660 total mariners/5). 

We subtracted the number in the 

‘‘Mariners Who Took Rules of the Road 

Exam to Renew MMC’’ column from the 

number in the ‘‘Mariners Who Hold a 

Radar Observer Endorsement’’ column 

to find the mariners who, under this 

proposed rule, would not have had to 

take a radar refresher or re-certification 

course when they last renewed their 

MMC. From 2011 to 2017, there was an 

average of 35,183 mariners who held 

radar observer endorsements and had at 

least 1 year of relevant sea service 

during the past 5 years. This number 

represents the total number of mariners 

expected to benefit from this proposed 

rule. We divided the total number of 

mariners expected to benefit from this 

proposed rule by 5 to find the average 

mariners that would benefit each year 

(35,183 total mariners/5). This comes 

out to an average of 7,037 mariners per 

year that would no longer have to take 

a radar refresher or re-certification 

course (rounded to nearest whole 

number). 

Costs 

The regulatory changes in this 

proposed rule would not impose any 

costs to industry or government. 

Cost Savings 

The cost savings to industry are the 

difference between the current baseline 

cost to industry and the cost to industry 

if the regulatory changes in this 

proposed rule are implemented. 

Baseline Cost to Industry 

To estimate the cost savings to 

industry, we first estimated the current 

costs to industry. The costs to industry 

include the cost of the refresher or recertification course, the time to take the 

course, and time and mileage costs to 

travel to take the course. The mariners 

incur costs for the radar refresher or recertification course. To estimate the cost 

of the course, the Coast Guard 

researched and found a sample of 

course costs from five training centers 

that offer Coast Guard-approved radar 

refresher or re-certification courses. The 

cost of the courses ranged from $199 to 

$250. We took an average of the 5 

estimates to find the average cost of the 

courses is $228 (($199 + $250 + $225 + 

$225 + $243)/5, rounded to nearest 

dollar).7 8 9 10 11

We then estimated the cost of the time 

for the mariners to take the refresher or 

re-certification course. The 5 training 

centers state that the radar renewal 

course is 1-day. For the purposes of 

complying with service requirements, a 

day is defined as 8 hours (46 CFR 

10.107, Definitions in subchapter B).12

We obtained the wage rate of a mariner 

from the Bureau of Labor Statistics 

(BLS), using Occupational Series 53– 

5021, Captains, Mates, and Pilots of 

Water Vessels (May 2016). The BLS 

reports that the mean hourly wage rate 

for a Captain, Mate, or Pilot is $39.19.13

To account for employee benefits, we 

used a load factor of 1.52, which we 

calculated from 2016 4th quarter BLS 

data.14 The loaded wage for a mariner is 


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the total compensation of $28.15 divided by the 

wages and salary of $18.53. Values for the total 

compensation, wages, and salary are for all private 

industry workers in the transportation and material 

moving occupations, 2016 4th quarter. We use 2016 

data to keep estimated cost savings in 2016 dollars. 

15Found at https://www.regulations.gov/docket?D

=USCG-2004-17914. Non-commuting driving time 

estimate found on page 132 of the Regulatory 

Analysis and Final Regulatory Flexibility Analysis, 

located under Supporting Documents. 

16 ‘‘Summary of Travel Trends: 2009 National 

Household Travel Survey’’, table 27, found at 

http://nhts.ornl.gov/2009/pub/stt.pdf. 

17Found at https://www.gsa.gov/travel/planbook/transportation-airfare-rates-pov-rates-etc/ 

privately-owned-vehicle-pov-rates/pov-mileagerates-archived. We use the 2016 rate to keep all 

costs in 2016 dollars. 

estimated at $59.57 ($39.19 wage rate × 

1.52 load factor). We multiplied the 

loaded wage rate by the hourly burden 

to find the current cost for a mariner to 

take the radar renewal course is $476.56 

($59.57 wage rate × 8 hour burden). 

We then estimated the cost for the 

mariners to travel to take the refresher 

or re-certification course. The radar 

refresher or re-certification course must 

be taken in person at a training center. 

This means the mariners incur costs for 

time to travel to take the course. We 

estimated mileage using travel costs 

assumptions from the Implementation 

of the 1995 Amendments to the 

International Convention on Standards 

of Training, Certification, and 

Watchkeeping for Seafarers, 1978, and 

Changes to National Endorsements 

Final Rule.15 On average, a mariner 

commutes 50 miles to a training course 

one-way, or 100 miles round trip. The 

Federal Highway Administration reports 

the average commute speed for private 

vehicles is 28.87 miles per hour.16 We 

divided the average round trip mileage 

to the training center by the average 

commute time to find that it takes an 

average of 3.46 hours for a mariner to 

travel to the training center (100 miles/ 

28.87 miles per hour, rounded). We 

multiplied this by the loaded hourly 

wage rate to find that the hourly burden 

per mariner to travel to the training 

center to take the refresher or recertification course is $206.11 (3.46 

hours × $59.57). 

The mariners also incur additional 

mileage costs for traveling to the 

training facility to take the 1-day course, 

such as gas and wear and tear on their 

vehicles. We used the U.S. General 

Services Administration privately 

owned vehicle mileage reimbursement 

rate of $0.54 per mile to estimate this 

additional cost.17 We multiplied this 

rate by the 100 miles round trip to the 

training facility to estimate that the 

mariners incur a cost of $54 per mariner 

for the additional mileage costs. 

Table 3 summarizes the costs per 

mariner to take the radar refresher or recertification course. Adding the cost of 

the 1-day course, the opportunity cost of 

time to take the course, and the 

opportunity cost of roundtrip travel 

time and mileage costs to get to the 

training center, we found that it costs 

$964.67 per mariner to take the radar 

refresher or re-certification course. 

TABLE 3—COSTS PER MARINER FOR

RADAR REFRESHER OR RE-CERTIFICATION COURSE

Cost category Cost 

1-Day Course ............................... $228.00 

Opportunity Cost of Time (8 

hours) Spent in Training Facility 476.56 

Opportunity Cost of Roundtrip 

Travel Time to Training Center 206.11 

Mileage Costs ............................... 54.00 

Total .......................................... 964.67 

To find the baseline total cost for all 

mariners to take the radar refresher or 

re-certification course, we multiplied 

the total cost per mariner of $964.67 by 

the annual average mariners who 

currently hold radar observer 

endorsements. As shown in table 2, we 

found this is an annual average of 7,169 

mariners. Therefore, the total baseline 

annual average cost for all mariners is 

$6,915,719 (7,169 mariners × $964.67 

per mariner, rounded). 

Costs to Industry After Implementation 

of the Regulatory Changes Proposed 

Revising § 11.480 so that mariners 

who serve on board a radar-equipped 

vessel for 1 year in the previous 5 years 

are not required to take a radar refresher 

or re-certification course to renew their 

radar observer endorsement would 

reduce the number of mariners who 

would need to take the radar refresher 

or re-certification course. As shown in 

table 2 in the ‘‘Affected Population’’ 

subsection, an average of 132 mariners 

would still need to take the radar 

refresher or re-certification course each 

year. These mariners would continue to 

have the same costs per mariner shown 

in table 3. Multiplying the cost per 

mariner by the average mariners that 

would still need to take the course each 

year, we found the total annual cost to 

industry that would remain under this 

proposed rule would be $127,336 (132 

mariners × $964.67 per mariner). 

Cost Savings 

To find the total cost savings of this 

proposed rule, we subtracted the costs 

to industry after implementation of the 

proposed rule from the baseline costs. 

Subtracting $127,336 from $6,915,719, 

we found the total cost savings of this 

proposed rule would be $6,788,383. 

Table 4 shows the total 10-year 

undiscounted industry cost savings of 

this proposed rule would be 

$67,883,830. The 10-year estimated 

discounted cost savings to industry 

would be $47,678,762, with an 

annualized cost savings of $6,788,383, 

using a 7-percent discount rate. Using a 

perpetual period of analysis, we 

estimated the total annualized cost 

savings of the proposed rule would be 

$5,541,343 in 2016 dollars, using a 

7-percent discount rate. 

TABLE 4—TOTAL ESTIMATED COST SAVINGS OF THE PROPOSED RULE OVER A 10-YEAR PERIOD OF ANALYSIS

[Discounted at 7 and 3 percent] 

Year 

Total 

undiscounted 

costs 

Total, discounted 

7% 3% 

1 ................................................................................................................................................... $6,788,383 $6,344,283 $6,590,663 

2 ................................................................................................................................................... 6,788,383 5,929,237 6,398,702 

3 ................................................................................................................................................... 6,788,383 5,541,343 6,212,332 

4 ................................................................................................................................................... 6,788,383 5,178,825 6,031,390 

5 ................................................................................................................................................... 6,788,383 4,840,023 5,855,719 

6 ................................................................................................................................................... 6,788,383 4,523,386 5,685,164 

7 ................................................................................................................................................... 6,788,383 4,227,464 5,519,577 


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18The full title of COI 1625–0040 is ‘‘Application 

for Merchant Mariner Credential (MMC), 

Application for Medical Certificate, Application for 

Medical Certificate—Short Form, Small Vessel Sea 

Service (Optional) Form, DOT/USCG Periodic Drug 

Testing (Optional) Form, and Disclosure Statement 

for Narcotics, DWI/DUI, and/or Other Convictions 

(Optional) Form.’’ 

TABLE 4—TOTAL ESTIMATED COST SAVINGS OF THE PROPOSED RULE OVER A 10-YEAR PERIOD OF ANALYSIS— 

Continued 

[Discounted at 7 and 3 percent] 

Year 

Total 

undiscounted 

costs 

Total, discounted 

7% 3% 

8 ................................................................................................................................................... 6,788,383 3,950,901 5,358,812 

9 ................................................................................................................................................... 6,788,383 3,692,431 5,202,730 

10 ................................................................................................................................................. 6,788,383 3,450,870 5,051,194 

Total ...................................................................................................................................... 67,883,830 47,678,762 57,906,284 

Annualized ..................................................................................................................... ........................ 6,788,383 6,788,383 

B. Small Entities 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, we have considered 

whether this proposed rule would 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. 

This proposed rule reduces the 

burden on industry by removing the 

requirement to attend a radar refresher 

or re-certification course every 5 years 

for mariners who have 1 year of relevant 

sea service in the previous 5 years in a 

position using radar for navigation and 

collision avoidance purposes on board 

radar-equipped vessels, or for Coast 

Guard-approved radar course qualified 

instructors who have taught the class at 

least twice within the past 5 years. The 

MMC and radar observer endorsement is 

in the mariner’s name and not the 

company’s name, so we assume the 

affected mariners would receive the cost 

savings from this proposed rule. We do 

not have further information that any 

companies would reimburse the 

mariners for these costs and would 

acquire the costs savings. 

Therefore, the Coast Guard certifies 

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

rule would not have a significant 

economic impact on a substantial 

number of small entities. This proposed 

rule reduces the burden associated with 

mariners taking the radar refresher or recertification course and will not 

adversely affect small entities as defined 

by the Small Business Administration in 

13 CFR 121.201. If you think that your 

business, organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment to the docket 

at the address listed in the ADDRESSES

section of this preamble. In your 

comment, explain why you think it 

qualifies and how and to what degree 

this proposed rule would economically 

affect it. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 

104–121, we want to assist small 

entities in understanding this proposed 

rule so that they can better evaluate its 

effects on them and participate in the 

rulemaking. If the proposed rule would 

affect your small business, organization, 

or governmental jurisdiction and you 

have questions concerning its 

provisions or options for compliance, 

please contact the person in the FOR

FURTHER INFORMATION CONTACT section of 

this proposed rule. The Coast Guard 

will not retaliate against small entities 

that question or complain about this 

proposed 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 proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501–3520. The information 

collection associated with this proposed 

rule is the currently approved collection 

1625–0040 (MMC Application).18 The 

proposed revisions to 46 CFR 15.815 

would eliminate the requirement that a 

person holding a radar endorsement 

must also have his or her course 

completion certificate readily available. 

While the mariner would no longer 

physically have to carry the certificate, 

the mariner would still have to carry an 

MMC that reflects a radar observer 

endorsement. Those mariners who do 

not have an MMC that reflects a radar 

observer endorsement would be allowed 

to sail provided that they hold, and have 

immediately available, a course 

completion certificate, issued within the 

last 5 years, from a Coast Guardapproved radar refresher or recertification course. There is no impact 

to these mariners, as they currently have 

to carry a certificate to show course 

completion. 

The proposed revisions to 46 CFR 

10.232 would add a requirement that 

the sea service letter indicates whether 

the mariner served on a vessel equipped 

with radar, and if the mariner served in 

a position using radar for navigation and 

collision avoidance purposes. In place 

of an indication on an application or by 

separate certification that a mariner 

completed a Coast Guard-approved 

radar observer course, a statement 

would be added to the already-required 

sea service letter. The operating 

companies that use service letters are 

already required to provide mariner 

service information. The companies 

would have to add a line item once per 

vessel, and then the letter would be 

available for all other mariners serving 

on a radar-equipped vessel using radar 

for navigation and collision avoidance 

purposes. The companies generally 

produce a service letter once every 5 

years to provide the employees the 

documentation necessary to renew their 

credentials. Because the cost to add one 

line item is a minimal burden and could 

be included in the company’s regular 

updates to the service letter, we 


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consider the proposed revisions to 46 

CFR 10.232 to have no additional 

burden to industry. Therefore, the 

proposed revisions would not change 

the burden in the currently approved 

collection 1625–0040. 

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 proposed 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 is 

explained below. 

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. 3306, 3703, 7101, 

and 8101 (design, construction, 

alteration, repair, maintenance, 

operation, equipping, personnel 

qualification, and manning of vessels), 

as well as the reporting of casualties 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 the 

Supreme Court’s decision in United 

States v. Locke and Intertanko v. Locke, 

529 U.S. 89, 120 S.Ct. 1135 (2000). 

Because this proposed rule involves the 

credentialing of mariners under 46 

U.S.C. 7101, it relates to personnel 

qualifications and, as a result, is 

foreclosed from regulation by the States. 

Therefore, because the States may not 

regulate within these categories, this 

proposed rule is consistent with the 

fundamental federalism principles and 

preemption requirements described 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 rule has 

implications for federalism under 

Executive Order 13132, please contact 

the person listed in the FOR FURTHER

INFORMATION section of this preamble. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their 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 million (adjusted for inflation) or 

more in any one year. Although this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this proposed rule elsewhere 

in this preamble. 

G. Taking of Private Property 

This proposed rule would 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 proposed 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 proposed rule 

under Executive Order 13045 

(Protection of Children from 

Environmental Health Risks and Safety 

Risks). This proposed rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), because it would 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 proposed 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 

would not likely 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

M. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD (COMDTINST M16475.1D), 

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 

preliminary 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 preliminary (draft) 

Record of Environmental Consideration 

(REC) supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. This proposed rule would be 

categorically excluded under categorical 

exclusion (CATEX) numbers L52, L56, 

L57, and L62 of DHS Directive 023– 

01(series). As such, CATEX L52 pertains 

to regulations concerning vessel 

operation safety standards, CATEX L56 

pertains to regulations concerning the 

training, qualifying, and licensing of 

maritime personnel, CATEX L57 

pertains to regulations concerning 

manning of vessels, and CATEX L62 

pertains to regulations in aid of 

navigation. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 


daltland on DSKBBV9HB2PROD with PROPOSALS
26942 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 

List of Subjects 

46 CFR Part 10 

Penalties, Personally identifiable 

information, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 11 

Penalties, 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, 11, and 15 as 

follows: 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

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

71; 46 U.S.C. chapter 73; 46 U.S.C. chapter 

75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 

8904, and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 10.232 by redesignating 

paragraphs (a)(2)(vii) through (a)(2)(x) as 

paragraphs (a)(2)(viii) through (a)(2)(xi), 

respectively and add new paragraph 

(a)(2)(vii) to read as follows: 

§ 10.232 Sea service. 

(a) * * * 

(2) * * * 

(vii) For those seeking to renew a 

radar observer endorsement, whether 

the vessel is equipped with radar and if 

the mariner served in a position using 

radar for navigation and collision 

avoidance purposes. 

* * * * * 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

■ 1. The authority citation for part 11 

continues 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. 7502, 7505, 7701, 8906, 

and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. Section 11.107 is also issued 

under the authority of 44 U.S.C. 3507. 

■ 2. Amend § 11.480 as follows: 

■ a. In paragraph (d), remove the text 

‘‘paragraph (e)’’ and add, in its place, 

the text ‘‘paragraphs (f) or (g)’’; and 

■ b. Revise paragraphs (e) through (h) to 

read as follows: 

§ 11.480 Radar observer. 

* * * * * 

(e) A radar observer endorsement 

issued under this section is valid until 

the expiration of the mariner’s MMC. 

(f) A mariner may also renew his or 

her radar observer endorsement by 

providing evidence of meeting the 

requirements located in 46 CFR 

10.227(e)(1)(v). 

(g) The Coast Guard will accept onboard training and experience through 

acceptable documentary evidence of 1 

year of relevant sea service within the 

last 5 years in a position using radar for 

navigation and collision avoidance 

purposes on vessels equipped with 

radar as meeting the refresher or recertification requirements of paragraph 

(d) of this section. 

(h) An applicant for renewal of a 

license or MMC who does not provide 

evidence of meeting the renewal 

requirements of paragraphs (d), (f), or (g) 

of this section will not have a radar 

observer endorsement placed on his or 

her MMC. 

PART 15—MANNING REQUIREMENTS 

■ 1. The authority citation for part 15 

continues to read as follows: 

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

3703, 8101, 8102, 8103, 8104, 8105, 8301, 

8304, 8502, 8503, 8701, 8702, 8901, 8902, 

8903, 8904, 8905(b), 8906 and 9102; sec. 617, 

Pub. L. 111–281, 124 Stat. 2905; and 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 15.815 by revising 

paragraph (d) and removing paragraph 

(e) to read as follows: 

§ 15.815 Radar observers. 

* * * * * 

(d) In the event that a person 

described in paragraphs (a), (b), or (c) of 

this section does not hold an 

endorsement as radar observer, he or 

she must have immediately available a 

valid course completion certificate from 

a Coast Guard-approved radar course. 

Jeffrey G. Lantz, 

Director, Office of Commercial Regulations 

and Standards. 

[FR Doc. 2018–12502 Filed 6–8–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Chapter III 

[Docket No. FMCSA–2018–0037] 

Federal Motor Carrier Safety 

Regulations (FMCSRs) Which May Be 

a Barrier to the Safe Integration of 

Automated Driving Systems (ADS) in 

Commercial Motor Vehicle (CMV) 

Operations; Public Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session. 

SUMMARY: FMCSA announces a public 

listening session on June 19, 2018, to 

solicit information on issues relating to 

the design, development, testing, and 

integration of ADS-equipped CMVs on 

our Nation’s roadways. The listening 

session will provide interested parties 

with an opportunity to assist the 

Agency’s future rulemaking efforts by 

sharing their views on the FMCSRs as 

they relate to the development and safe 

integration of ADS. It will also allow 

FMCSA to share with stakeholders the 

Agency’s ADS strategy and open a 

channel for two-way communication. 

This listening session will supplement 

the information gathered from FMCSA’s 

previous requests for comment on issues 

related to automation by targeting 

stakeholders from whom they have not 

previously received comments, 

including academia, insurance groups, 

and technology providers and 

developers. Attendees are also 

encouraged to share any data or analysis 

on this topic with Agency 

representatives. 

DATES: The meeting will be held 

Tuesday, June 19, 2018, from 1:00 p.m. 

to 3:00 p.m., Eastern Daylight Time 

(EDT), at the University of Michigan’s 

Mcity in Ann Arbor, Michigan. Research 

Auditorium, 2800 Plymouth Street, 

Bldg. 10, Ann Arbor, MI 48109. 

Please use the following link to RSVP 

and find additional information about 

this public meeting as it approaches: 

https://fmcsaads.eventbrite.com/. 

Information about this listening session 

can also be found at: https://

www.transportation.gov/AV. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Cunnane, Program Specialist, 

Program Integration Office, Federal 

Motor Carrier Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590, email: fmcsaads@dot.gov. 


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