11298 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 10

[CGD 94–041]

RIN 2115–AE92

Radar-Observer Endorsement for

Operators of Uninspected Towing

Vessels

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard amends its

rules to require a Radar-Observer

endorsement. This final rule requires

radar-training for licensed masters,

mates, and operators of radar-equipped

uninspected towing vessels 8 meters

(approximately 26 feet) or more in

length, toward the endorsement. The

rule is necessary to ensure that radarequipped towing vessels are manned by

mariners with the qualifications, skills,

and knowledge to operate the radar

equipment on board.

DATES: This final rule is effective on

March 11, 1997.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA, 3406),

U.S. Coast Guard Headquarters, 2100

Second Street SW., room 3406,

Washington, DC 20593–0001 between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Donald J. Darcy,

Project Manager, Division of Maritime

Personnel Qualifications (G–MSO–1),

telephone (202) 267–0221, between 7

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Regulatory History

On April 4, 1994, a public hearing

was held concerning this rulemaking.

On October 26, 1994, the Coast Guard

published an interim rule in the Federal

Register (59 FR 53754) that required

training and an endorsement for

personnel receiving original licenses, or

renewing or upgrading licenses, on or

after February 15, 1995. In response to

comments from members of the

regulated public indicating difficulties

in obtaining the required training in the

time allowed, on February 14, 1995, the

Coast Guard published a second

document in the Federal Register (60

FR 8308) which reopened the comment

period and postponed the compliance

date to June 1, 1995. No public hearing

was requested, and none was held.

Public comments submitted, as well as

further evaluation of the interim rule by

the Coast Guard, revealed issues

requiring additional clarification.

Therefore, on May 3, 1996, the Coast

Guard published a third document in

the Federal Register (61 FR 19859)

which reopened the comment period for

the second time and invited comments

on specific items. This time the

comment period closed on July 2, 1996;

but the compliance date of the interim

rule remained June 1, 1995.

Background and Purpose

The derailment of the Amtrak Sunset

Limited, a passenger train, on

September 22, 1993, with extensive

injury and loss of life, resulted in a

study entitled ‘‘Review of Marine Safety

Issues Related to Uninspected Towing

Vessels’’. The study cited a number of

recommendations for improving safety

in the towing industry. One of the

recommendations was to require RadarObserver training and endorsements for

operators of radar-equipped

uninspected towing vessels 8 meters

(approximately 26 feet) or more in

length. That recommendation was

approved by the Coast Guard, which, on

October 26, 1994 (59 FR 53754),

published an interim rule establishing

requirements for radar training. The

interim rule constituted part of a

comprehensive initiative by the Coast

Guard to improve navigational safety for

towing vessels. It also added topics to

the list of subjects taught in approved

radar-training courses that must be

completed for a Radar-Observer

endorsement. It first became effective on

November 25, 1994. However, to

provide a reasonable opportunity for

affected persons to complete the

training and obtain the required

endorsements, 46 CFR 15.815(c)

requires the endorsements only for

those licenses issued on and after June

1, 1995. (It compelled persons holding

valid licenses issued before June 1,

1995, to undergo basic Radar-Operation

training, and to obtain certificates of

completion for that training before June

1, 1995.) Without an endorsement (or a

certificate of completion), no person

may serve after June 1, 1995, as a

master, mate, or operator of a radarequipped towing vessel, 8 meters

(approximately 26 feet) or more in

length. The comment period for the

interim rule, as twice extended, closed

on July 2, 1996.

This final rule, like the interim rule,

applies to all operators of radarequipped towing vessels 8 meters

(approximately 26 feet) or more in

length operating in the navigable waters

of the United States, except for towing

vessels engaged solely in assistance

towing.

The changes to § 15.815 accomplished

by the interim rule went into effect on

June 1, 1995, and have already been

published in the Code of Federal

Regulations. They therefore need not be

restated in this final rule, and are not;

but this rule adopts them as final.

Discussion of Comments and Changes

The Coast Guard embarked on this

rulemaking to establish a baseline of

documented training and competency in

the towing industry. It has carefully

considered the expense and

inconvenience this rule places on

industry and mariners, and has

determined that this training is

necessary to ensure that vessels

equipped with radar are manned by

mariners with the skills and knowledge

to use and interpret radar data.

At the close of the comment period,

on July 2, 1996, the Coast Guard had

received comments from 780 interested

parties regarding this rulemaking.

Among the comments were 595 form

letters expressing concern that under

this rulemaking some Operators of

Uninspected Towing Vessels (OUTVs)

would have to obtain training on radar

equipment that was not required on

towing vessels. Section 15.815(c), as

amended in the interim rule (CGD 94–

041 [60 FR 8309], February 14, 1995),

requires operators of towing vessels of 8

meters (approximately 26 feet) or more

in length, if equipped with radar, to

meet the Radar-Operation and RadarObserver requirements. The CG notes

that under a separate rulemaking,

published on July 3, 1996, (CGD 94–020

[61 FR 35064]), towing vessels of 12

meters (approximately 39 feet) or more

in length are required to be equipped

with radar. Therefore, operators of

towing vessels of 12 meters

(approximately 39 feet) or more in

length are required to meet the RadarOperation and Radar-Observer

requirements because those vessels are

required to be fitted with radar.

However, operators of towing vessels of

8 to 12 meters in length, are required to

meet the Radar-Operation and RadarObserver requirements only if the vessel

is fitted with radar.

Also among the comments were 160

letters that expressed concern that

mariners who already have extensive

experience operating towing vessels on

oceans in domestic trade, using

navigational equipment, would

nonetheless have to attend training

under the treaty known as STCW (for

Standards of Training, Certification and
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations 11299

Watchkeeping for Seafarers). The Coast

Guard has developed this rulemaking to

work in harmony with international law

and, where possible, eliminates

requirements that create unwarranted

differences between domestic and

international law in general.

Another 12 comments discussed radar

as merely a navigational aid, not to be

depended on entirely. The Coast Guard

concurs with these comments. But, like

any navigational aid (tool) used by

mariners to navigate their vessels,

radar—while it must not be depended

on entirely— must be used correctly, or

it becomes a detriment to safe

navigation.

Another 11 comments questioned the

necessity for the 5-day radar-operator

course, and for the refresher course, for

operators of assistance-towing vessels.

In addition, one comment complained

that the rule is written so broadly as to

include the marine-assistance industry,

since the industry falls under the rules

that affect uninspected towing vessels; it

stated that there is a need to

differentiate between vessels providing

assistance and those that provide

commercial towing services, and it

urged the Coast Guard to exempt all

marine-assistance vessels from the final

rule. The Coast Guard has considered

these comments and appreciates the

outstanding safety record the assistancetowing industry has enjoyed, and

continues to exclude towing vessels

operated exclusively for this industry

from this final rule. Should an operator

choose to engage in simple towing

(where there is no peril to the vessel

being towed), this rule, as well as rules

governing equipment and licensing, will

become applicable. The assistancetowing endorsement already is

applicable to all licenses except those

for OUTVs and for master or mate

authorizing service on inspected vessels

over 200 gross tons. Holders of these

licenses may engage in assistance

towing without endorsement on any

vessel within the scope of the license.

Several comments expressed concern

for the economic impact on small

entities and on individual mariners. The

greatest expense will be to obtain an

original radar endorsement, which

normally requires a training course of 3

to 5 days; however, for some mariners,

this rule may not require this until the

year 2000. After mariners have obtained

the original endorsement, they need

only a 4-hour course for the subsequent

license renewal. Since the renewal and

the endorsement are each valid for 5

years, their cost is prorated over 5 years.

Neither in any one year nor in all 5

years is the cost out of line, weighed

against the enhanced safety due to the

training. (Please refer to the full

treatment of the impact on Small

Entities elsewhere in this preamble.)

Several comments cited the training

as inconvenient, since it will take away

valuable family time that is already

limited simply by the nature of the job.

Others cited the financial expense to the

family, because mariners may lose pay

during the training period and may

incur additional costs for travel, food,

and other necessities. The Coast Guard

notes that, when a mariner enrolls in the

5-day training course to obtain the

original radar endorsement, the training

amounts to 1 day a year. Furthermore,

the Coast Guard notes that, for the 4-

hour refresher course in preparation for

the license renewal, the training

amounts to less than 1 hour a year.

Another 48 comments requested an

extension of the compliance date for the

Radar-Observer endorsement. In

response to these and other comments

from members of the regulated public,

the Coast Guard amended the interim

rule to change the date on which the

Radar-Observer endorsement or the

Radar-Operation certificate would

become effective, from February 15,

1995, to June 1, 1995.

One comment stated that simulator

training should not be a predicate of

designation as a radar observer. The

Coast Guard has considered this

comment and has determined that

simulator training will remain a part of

this rulemaking since a simulator

presents several scenarios in a

controlled environment, in a shorter

time; this allows for a demonstration of

proficiency using radar equipment

much earlier than usual.

One comment stated that the training

requirement imposed by this

rulemaking is unnecessary because use

of radar is necessary in the execution of

the job and because, therefore, many

mariners have had years of experience

as radar observers—with great success,

as evidenced by the outstanding safety

record of the industry. The comment

requested that this experience equate to

training. The Coast Guard agrees that

experience is certainly an asset, but has

determined that it is not a replacement

for training, and notes that the success

claimed for the assistance-towing

industry is not supported by statistics

for the entire commercial-towing

industry: statistics indicate that this

training is necessary for the commercialtowing industry.

Still other comments suggested that a

Coast Guard representative visit vessels

and view their operations and then

determine whether they meet the intent

of the rule. As mentioned earlier, the

Coast Guard has determined that use of

a simulator is the best and most

economical method for testing

proficiency, since it presents several

scenarios in a safe and controlled

environment, in a shorter time, and

requires a demonstration of radar skills.

Eleven comments suggested that

Radar-Observer training be a

requirement only for newly licensed

operators, since, having had no previous

experience, they will probably benefit

most from it. The Coast Guard agrees

that newly licensed operators may

benefit most from this training, yet is of

the opinion that this training will

sharpen the skills of all operators of

towing vessels except for towing vessels

engaged solely in assistance-towing.

Two comments suggested that the

Coast Guard allow qualified companies

to conduct required training and

certification on board their towing

vessels. This final rule does allow

qualified companies (i.e., those with

Coast Guard-approved courses) to

conduct training. (As stated in the

interim rule, only the Radar-Operation

course may be conducted by

individuals, companies, or other

organizations without prior Coast Guard

approval.)

Several comments suggested that

persons who already hold valid licenses

and have successfully completed all

requirements towards the RadarObserver endorsement be allowed to

extend the renewal date of the

endorsement to coincide with the

month of the renewal date of the

license, reducing time and expense. The

Coast Guard has accepted this

suggestion [46 CFR 10.480(k)] and will

allow synchronization of the renewal

dates of the endorsement and the

license. It has determined that adopting

this suggestion will not pose a safety

risk and will reduce economic and

administrative burdens on the mariners

and the Coast Guard. (Completion of the

Radar-Observer training still has to

precede the renewal of the license by 2

years or less, and extending the validity

of the endorsement is necessary only

once to synchronize the renewals.

One comment suggested that the

Coast Guard give serious consideration

to a radar requirement for uninspected

charter vessels equipped with radar,

since a high percentage of operators of

these vessels do not know how to

perform the basic collision-avoidance

and blind-navigation techniques greatly

needed in restricted visibility, which is

common whether in the Northeast or on

the West Coast. The Coast Guard has

considered this suggestion and has

determined that, while this comment

has considerable merit, it lies outside

the scope of this rulemaking.
11300 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations

One comment questioned whether an

OUTV towing a passenger-barge should

have to attend training for proficiency in

rapid radar plotting when this training

offers no practical utility for any

operator of typical inland or coastwise

vessels, very few of which are equipped

with large radars and plotting boards.

The Coast Guard has considered this

comment and has determined that

operation of a passenger-barge entails

both a passenger-vessel license and a

towing endorsement, since the barge

both carries passengers on board and is

being towed.

Three comments suggested that the

Coast Guard develop a set of rules for

river radar distinct from the set for bluewater radar. The interim rule, the

relevant parts of which this final rule

adopts as final, has separate

requirements [46 CFR 10.305(b)(3) and

(6)] for unlimited, inland and Gulf

Intracoastal Waterway (GIWW), and

river routes.

Another comment suggested that the

Coast Guard require towing vessels over

a certain tonnage (or horsepower) to be

equipped with radar and for operators to

hold certificates of training in the

operation of that radar. The Coast Guard

has already issued a final rule requiring

radar on towing vessels of 12 meters

(about 39 feet) or more in length [61 FR

35064 (July 3, 1996)].

Five comments suggested that this

rule apply only to vessels above a

threshold of 12 meters (about 39 feet) or

more in length, rather than to those

above 8 meters (about 26 feet) or more

in length. The rule on equipment, cited

in the previous paragraph, does apply to

the higher threshold vessel 12 meters

(about 39 feet) or more in length. But the

Coast Guard maintains that, if radar is

installed on board, the operator must

possess the skills and knowledge to use

and interpret the data for the radar to be

of any value as a navigational aid.

Two comments stated that this rule

could deter mariners with navigational

skills from wanting to promote

themselves into the pilot house because

of the added cost, time, and fear of

failing the test. These concerns may

affect mariners’ ability to continue

earning a living, since failing the test

would cost them their jobs if their

employers did not have some other kind

of job available. The intent of this rule

is not to deter mariners with

navigational skills from advancing into

the pilot house; rather, it is to ensure

before they navigate a vessel they

possess these skills and knowledge to

interpret the data, and not just that they

accrue deck time. While, in the past,

holding a licensed position in the pilot

house did not require training, and may

have reduced worries of unemployment

for the mariner, this training however

provides assurance to the public that

vessels are under the command of

qualified personnel. The Coast Guard

holds that the benefits far outweigh the

discernible costs, and that the rule as a

whole provides the entire towing

industry some assurance of checks and

balances on both domestic and

international waterways.

One comment suggested that the

Coast Guard print a manual on radar

operation and, upon renewal of a

license, require the taking of a test based

on the information addressed in the

manual. The studies and reports used to

formulate this rulemaking emphasize

demonstrating skill as well as

knowledge of radar equipment, rather

than relying solely on a mariner’s ability

to pass a test. Therefore, the Coast

Guard favors practical demonstration as

well as testing, to determine a mariners’

proficiency in radar operation.

One comment stated that the rule was

confusing and required interpretation

and even translation. The Coast Guard

realizes the difficulty for some mariners

in understanding many sections of this

rule and has changed it where clarity

was in question [§§ 10.305(c)(1)(ii)(C),

(1)(iii)(A), and (3)(iii)(E)].

Several comments addressed

§§ 10.305(c) (2)(iii) and (3)(iii), which

require licensed personnel to know, and

to show that they know, how to plot

course, speed, and closest point of

approach on inland waters and on

rivers. Many comments noted that

course plotting is seldom performed on

inland waters or on rivers, because of

the time and attention required to plot

the course. Several comments explained

that, by the time the course was plotted,

the vessel would have passed the boat

or bridge by reason of which it was

plotting. Another comment noted that

plotting by radar is impossible on most

rivers because the other vessel is usually

obscured from radar view until the last

moment. Likewise, requiring the captain

to make intricate calculations and

navigate the vessel at the same time

iswill be dangerous because of

continuous course changes at short

intervals: dangerous to the observer, the

crew, and other vessels in the area. The

Coast Guard would certainly rather have

an operator making passing

arrangements on the radio and looking

out the pilot-house windows than

staring into a radar set—under normal

visibility. Under reduced visibility,

however, a mariner must use all the

navigational aids available including

radar. Therefore, on rivers the rule will

instead require [46 CFR 10.305(c) (2)(iii)

and (3)(iii)] the operator to be trained in

interpreting, and to demonstrate how to

interpret, the relative course, speed, and

approximate location of another vessel,

which may be crossing, meeting, or

overtaking.

One comment stated that the industry

needs to raise its standards and be more

pro-active with any training that will

help masters, mates, and other

watchstanders in the performance of

their duties. The Coast Guard concurs

with this comment.

Four comments recommended that, to

avoid confusion, the ‘‘Rivers’’

endorsement be expanded to include

the GIWW. The Coast Guard has

considered this and similar

recommendations from the Towing

Safety Advisory Committee (TSAC), and

has determined that this is not

appropriate, since a Rivers endorsement

requires a different level of knowledge

and skill. Operation of a vessel on rivers

is less subject to weather than that of a

vessel on the GIWW. However, to avoid

confusion the Coast Guard has done

something else instead: It has expanded

the inland endorsement to include the

GIWW since the required level of

knowledge and skill for inland and the

GIWW are compatible, as they involve

similar operational conditions.

Accordingly, in this rulemaking, the

endorsement for inland waters is

renamed, ‘‘inland waters and GIWW’’

[46 CFR 10.305, 10.306, and 10.480].

One comment suggested that the

Coast Guard consider allowing currently

licensed towboat operators who have

earned certificates from RadarOperation courses to qualify as

applicants for original endorsements.

The Coast Guard has determined that

licensed towboat operators who have

earned only certificates from RadarOperation courses have not attained

enough expertise to qualify their holders

for original endorsements. The Coast

Guard is increasing the OUTVs’

expertise with radar in three stages.

First, as of June 1, 1995, every operator

of an uninspected towing vessel

equipped with radar, whose license was

issued before June 1, 1995, had to hold

a certificate from a Radar-Operation

course; this represents as little as 4

hours’ instruction. Second, upon

renewal of a license as an OUTV on or

after June 1, 1995, every operator has

had to hold a certificate from a RadarObserver course; this represents as

much as 5 days’ training (the precise

amount varies with training facilities

chosen and route-endorsements sought).

Third, thereafter, upon renewal of the

endorsement—which should by then

coincide with that of the license—every

such operator will have to hold a
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations 11301

renewal certificate; this will represent 4

more hours’ instruction.

One comment proposed that the Coast

Guard consider allowing applicants for

renewal of the Radar-Observer

endorsement the option to ‘‘test out’’ of

the refresher-training course by passing

the final examination instead of taking

the course. A similar comment

questioned why a renewal or upgrade

was necessary every 5 years, and argued

that later training would serve only to

deplete the income of mariners. The

Coast Guard has considered these

comments and has determined,

however, that leniency would

undermine the intent of establishing

and maintaining proficiency, and would

not provide the mariners any assurance

of their fellows’ competence on

domestic or international waters.

One comment suggested that the

Coast Guard require all candidates for

first licenses to attend the 5-day RadarObserver course, which leads to the

Radar-Observer endorsement. The Coast

Guard has considered this comment and

has already made this a requirement, in

§ 15.815(c).

One comment proposed that, every 30

months, a licensed mariner certified by

the Coast Guard assess the skills of each

operator, while on board the vessel, and

according to the findings endorse the

operator’s license, certifying proficiency

in the interpretation of radar data—or

not. The Coast Guard has considered

this proposal, but notes that it could be

cost-prohibitive to assess the operators’

skills in this manner because the time

spent on board the vessel assessing the

operator’s skills, through a series of

exercises, is unpredictable. However,

this rule [46 CFR 10.480(e)] allows

administration by the Coast Guard or a

third party of an exam for renewal of

Radar-Observer endorsement.

One comment suggested that the

Coast Guard allow companies to submit

a list of personnel competent to be

certified by the Coast Guard as radar

observers. The Coast Guard finds this

unacceptable because it leaves too much

room for interpretation of competency,

and may lead to its rubber-stamping of

personnel.

One comment disputed the Coast

Guard’s view that training institutions

would be able to train the requisite

number of mariners in the existing

Radar-Operation course, and gear up to

teach the new Radar-Observer course,

both by February 15, 1995. This request

is now moot—first because the Coast

Guard extended the compliance date to

June 1, 1995, and second because, as

later events have proved, the schools

have been meeting the double challenge.

One comment questioned why the

Coast Guard has chosen to place the

burden of obtaining Radar-Operation

training squarely on the shoulders of the

operators rather than on their

employers. This training may be a

condition of employment: Failure to

obtain the required training may leave a

mariner unqualified and, therefore,

unemployable as an operator of a radarequipped towing vessel.

One comment questioned why the

Coast Guard has never required any

evidence of training other than in first

aid and CPR before licensing an OUTV.

A notice of proposed rulemaking [61 FR

31332] in CGD 94–055, ‘‘Licensing and

Manning for Officers of Towing

Vessels’’, whose comment period stayed

open until October 17, 1996, fully

addresses this question. A supplemental

notice in CGD 94–055, also with a

comment period, is being developed as

described in an earlier notice of intent,

published at 61 FR 66642.

Regulatory Evaluation

This final 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 non-significant under

the Regulatory Policies and Procedures

of the Department of Transportation

(DOT) [44 FR 11040; February 26, 1979].

The Coast Guard expects the

economic impact of this rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

Regulatory Policies and Procedures of

DOT is unnecessary.

This rule will apply to licensed

operators of radar-equipped towing

vessels operating in U.S. waters. As of

August 1996, there were an estimated

12,300 licensed operators of

uninspected towing vessels (OUTVs) in

the U.S. An estimated 473 new OUTV

licenses are issued annually, and 1,931

OUTV licenses are renewed annually.

Although some OUTVs may operate

towing vessels on oceans (domestictrade waters), licensed masters and

mates crew many of these vessels. Now

OUTVs on oceans have to complete a

one-time Radar-Observer course [see 46

CFR 10.464(e)(2)]. This rule will require

certain licensed OUTVs to obtain RadarObserver endorsements, which must be

renewed 5 years after the month of

issuance [see § 10.480(f) in this

regulatory text]. Roughly 15,000

masters, mates, active OUTVs, and new

OUTVs will each need to complete a

Radar-Observer course sometime during

the next 5 years to comply with 46 CFR

15.815(c). Those completing the RadarObserver course will need to renew

their endorsements every 5 years to

continue to work on radar-equipped

towing vessels. Certificates from RadarOperation courses will not be valid with

licenses dated after June 1, 1995; RadarObserver endorsements will be

necessary with such licenses. Persons

using Radar-Operation certificates to

satisfy § 15.815(c) will need to complete

the Radar-Observer course when they

renew or upgrade their licenses if they

intend to continue working on radarequipped towing vessels.

Comments on Costs

Several comments to the interim rule

suggested that the estimated cost to

comply with the initial requirements

was understated. These comments

estimated that the actual cost to receive

the initial endorsement would amount

to between $1,000 and $2,000 per

operator. One comment estimated that

the cost to receive the radar

endorsement would be $2,500 because

there are no courses approved by the

Coast Guard in Pennsylvania. (The

Coast Guard has determined that there

are indeed no such courses and that

therefore an operator would need to

travel to a nearby State to enroll in a

course.) All of the comments on costs

have influenced the following, revised

calculations.

Benefits

This rule is the direct result of the

recommendations from the ‘‘Railroad—

Marine Accident Report’’ prepared by

the National Transportation Safety

Board (NTSB). The Report noted a lack

of competence in radar navigation and

cited this lack of competence as the

probable cause of the derailment of

theat Amtrak Sunset Limited. The

Report recommended that the Coast

Guard upgrade its licensing standards to

require that persons licensed as OUTVs

hold valid inland-waters RadarObserver certification if they stand

navigational watch on radar-equipped

towing vessels. It also recommended

that the Coast Guard require employers

to provide specific evidence of

approved training. The Coast Guard

affirmed, in ‘‘Review of Marine Safety

Issues Related to Uninspected Towing

Vessels’’, that 60 percent of all towingvessel casualties are due to human error.

The ‘‘Review’’, therefore, supports this

rulemaking.

This final rule addresses the findings

of the NTSB, which cited a lack of

training for operators and a failure of

employer accountability as two key

issues identified in past major marine

accidents—particularly in that of the
11302 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations

derailment of the Amtrak Sunset

Limited caused by the Tug MAUVILLA

that resulted in 47 deaths and 103

injuries. The number of persons at risk

in a major marine casualty typically

ranges from about 25 to 2,000 or more.

The training required by this rule has

the potential to significantly decrease

the number of deaths and injuries in the

marine industry. If this training

decreases the number of deaths even by

just 7 people over the next 13 years, the

benefit of $18.9 million, which is based

on the willingness by society to pay $2.7

million for the value of a fatality

averted, will exceed the estimated cost

of $17.1 million.

One way to reduce the risks

associated with human error in

operating a towing vessel is to ensure

that mariners maintain the highest

practicable standards of training,

certification, and competency. Although

this rule may increase costs to industry,

through upgraded training and

certification, the new requirements are

intended to increase potential benefits

by reducing towing-vessel accidents

and, with them, deaths and injuries.

Costs

The costs, which accrue from the date

of this final rule, depend on the types

of courses taken, the average fees for the

courses, and the expenses for travel,

meals, and lodging (where applicable).

The following are general premises: (1)

Although the interim rule went into

effect on June 1, 1995, costs are

calculated from the effective date of this

final rule; (2) the average course length

is 5 days, whether for an unlimited

license, for a license for inland waters

and GIWW, or for a license for rivers,

and is long enough to meet the new

requirements for those operators who

will be taking the Radar-Observer course

for the very first time; (3) courses are

conveniently offered near most port

cities, so extensive travel will be

necessary for few operators; (4)

operators usually work on a rotational

schedule, allowing them to arrange for

enrollment in a course without

interfering with their normal work

schedule; (5) 30 percent of those

affected by this rule will incur

additional miscellaneous expenses

involving travel and lodging while the

remaining 70 percent will incur

minimal expenses, given the

convenience of course locations; (6) the

typical towboat operator started his

career in 1983, has served 12 years, and

will serve for 18 more years, a total of

30 years; and (7) recurring costs for

renewals run from year 2000 through

year 2013, the last year of those 30,

while recurring costs for new OUTVs

run from year 1995.

The Radar-Observer courses and

corresponding endorsements vary

depending on route: unlimited, inland

and GIWW, and rivers. The Coast Guard

sampled various institutions that offer

these courses and found that course

lengths varied depending on route, from

3 to 8 days. The Coast Guard used a

length of 5 days for this rule.

The costs to obtain the original RadarObserver endorsement and to renew it

every 5 years are as follows:

Original Radar-Observer Course

Average Cost .................................... $480

Meals and Lodgings ......................... 500

Travel

Local .......................................... 50

Distant ....................................... 350

Total Cost (with distant travel) 1,330

Total Cost (with local travel) ... 530

Renewal Course (4 hours, including exam)

Average Cost .................................... $125

Meals and Lodgings ......................... 100

Travel

Local .......................................... 50

Distant ....................................... 350

Total Cost (with distant travel) 575

Total Cost (with local travel) ... 175

An optional refresher course is

available to operators who need to

review advances or changes in radar

technology. The average cost of this

course is $260; however, as previously

stated, this course is not a requirement

to renew an OUTV Radar-Observer

endorsement.

The following calculations rest on the

seven general premises established

previously and on information obtained

from suppliers of courses, meals and

lodging, and travel:

Original Radar-Observer Course

1. Affected OUTVs already

serving (12,300) × Cost (5-

day Course):

8,610 (with local travel) ×

$530 ................................... $4,563,300

3,690 (with distant travel) ×

$1,330 ................................ 4,907,000

Total .................................. 9,471,000

New OUTVs issued annually

(473) × Cost (5-day Course)

331 OUTVs (with local travel) × $530 .......................... $175,430

142 OUTVs (with distant

travel) × $1,330 ................. 188,860

Total .................................. 364,290

Renewal Course

OUTVs renewed annually

(1,931) × Cost (4-Hour

Exam):

1,352 renewals (with local

travel) × $175 .................... $236,600

579 renewals (with distant

travel) × $575 .................... 332,925

Total .................................. $569,525

The principal costs began to accrue

over the 5 years from June 1, 1995,

when OUTVs began renewing their

licenses and receiving their first radar

endorsement. The cost that current

OUTVs will incur to receive the initial

Radar-Observer endorsement comes to

around $9,471,000 in all, or $1,894,200

annually. The cost that new OUTVs will

incur, shown as a recurring cost, comes

to around $364,290 annually until year

2000. After then, recurring costs, which

comprise 5-year renewals and new

OUTVs altogether, come to around

$933,815 ($364,290 + $569,525)

annually. Costs of this rule are

calculated to years 2013 and 2025 to

reflect 30 years of service performed by

OUTVs who started their terms in 1983

and 1995, respectively. The total costs

to year 2013 are estimated to be

$17,093,615. Costs to industry over 30

years are estimated to be $30,120,845.

The present values of the recurring costs

to years 2013 and 2025 are $17,093,615

and $30,120,845, respectively. This

reflects a 7-percent discount to 1997 of

the projected stream of costs of this rule

in accordance with current guidance

from the Office of Management and

Budget.

Small Entities

Under the Regulatory Flexibility Act

[5 U.S.C. 601 et seq.] the Coast Guard

must consider whether this final rule

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their field; (2)

governmental jurisdictions with

populations of less than 50,000; and (3)

‘‘small-business concern[s]’’ as defined

by section 3 of the Small Business Act

[15 U.S.C. 632(a)]. Pursuant to 15 U.S.C.

632(a) the standard industrial

classification-codes and size-standards

are set forth in the table following 13

CFR 121.601.

This rule places its burden on

individual OUTVs, not on their

employers, who may, though they need

not, relieve the OUTVs of it. The Coast

Guard expects that, of the employers

who will assume this responsibility, few

if any will be small entities.

Additionally, sufficient flexibility and

alternatives were built into this

rulemaking, when the interim rule was

initially published on October 26, 1994,

to accommodate small entities; these

included a phase-in period of up to 5
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations 11303

years, during which a Radar-Operation

certificate would be accepted, and the

exemption for operators of assistancetowing vessels. The effective date of

June 1, 1995, provided enough notice to

OUTVs that those whose licenses

expired after June 1, 1995, could renew

them in advance; in effect, OUTVs

could extend the renewal date and meet

the new requirements by distributing

the initial cost over 2 to 5 years.

Therefore, the Coast Guard certifies

under the Regulatory Flexibility Act [5

U.S.C. 601 et seq.] that this rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This final rule contains no collectionof-information requirements under the

Paperwork Reduction Act [44 U.S.C.

3501 et seq.].

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that the rule

does not have sufficient implications for

federalism to warrant the preparation of

a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that, under paragraph

2.B.2 of Commandant Instruction

M16475.1B, this rule is categorically

excluded from further environmental

documentation. The rule is a matter of

training, qualifying, licensing, and

disciplining of maritime personnel

within the meaning of subparagraph

2.B.2.e(34)(c) of Commandant

Instruction M16475.1B that clearly has

no environmental impact. A

Determination of Categorical Exclusion

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 46 CFR Part 10

Fees, Reporting and recordkeeping

requirements, Schools, Seamen.

For the reasons set out in the

preamble, the Coast Guard amends 46

CFR part 10 as follows:

PART 10—LICENSING OF MARITIME

PERSONNEL

1. The authority citation for part 10

continues to read as follows:

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

2103, 7101, 7106, 7107; 49 CFR 1.45, 1.46;

section 10.107 is also issued under the

authority of 44 U.S.C. 3507.

2. Section 10.305 is revised to read as

follows:

§ 10.305 Radar-Observer certificates and

qualifying courses.

(a) A student who takes an approved

course of training, which includes

passing both a radar-theory examination

and a practical demonstration on a

simulator, and who meets the

requirements of this section is entitled

to an appropriate Radar-Observer

certificate—

(1) In a form prescribed by the school

and acceptable to the Coast Guard; and

(2) Signed by the head of the school.

(b) The following Radar-Observer

certificates are issued under this

section:

(1) Radar Observer (Unlimited).

(2) Radar Observer (Inland Waters and

Gulf-Intracoastal Waterway [GIWW]).

(3) Radar Observer (Rivers).

(4) Radar Observer (Unlimited:

Renewal).

(5) Radar Observer (Inland Waters and

GIWW: Renewal).

(6) Radar Observer (Rivers: Renewal).

(c) A school with an approved RadarObserver course may issue a certificate

listed in paragraph (b) of this section

after the student has successfully

completed the appropriate curriculum

as follows:

(1) Radar Observer (Unlimited).

Classroom instruction—including

demonstration and practical exercises

using simulators—and examination, in

the following subjects:

(i) Fundamentals of radar:

(A) How radar works.

(B) Factors affecting the performance

and accuracy of marine radar.

(C) Purposes and functions of the

main components that constitute a

typical marine-radar system.

(ii) Operation and use of radar:

(A) Purpose and adjustment of

controls.

(B) Detection of malfunctions, false

and indirect echoes, and other radar

phenomena.

(C) Effects of sea return, weather, and

other environmental conditions.

(D) Limitations of radar resulting from

design factors.

(E) Safety precautions associated with

use and maintenance of marine radar.

(F) Measurement of ranges and

bearings.

(G) Effect of size, shape, composition,

and distance of vessels and terrestrial

targets on echo.

(iii) Interpretation and analysis of

radar information:

(A) Radar navigation (including visual

techniques)—determining positions,

and detecting changes in the relative

motion, of other vessels.

(B) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(C) Determining the course and speed

of another vessel.

(D) Determining the time and distance

of closest point of approach of a

crossing, meeting, overtaking, or

overtaken vessel.

(E) Detecting changes of course or

speed of another vessel after its initial

course and speed have been established.

(F) Applying the Navigational Rules,

Chapters 30 and 34 of Title 33 U.S. Code

[Commandant Instruction M16672.2C,

as amended, or equivalent], and other

factors to consider when determining

changes of course or speed of a vessel

to prevent collisions on the basis of

radar observation.

(G) Use of radar in maintaining

situational awareness.

(iv) Plotting (by any graphicallycorrect method):

(A) Principles and methods of plotting

relative and true motion.

(B) Practical-plotting problems.

(2) Radar Observer (Inland Waters and

GIWW). Classroom instruction—with

emphasis on situations and problems

encountered on inland waters and the

GIWW, including demonstration and

practical exercises using simulators—

and examination, in the following

subjects:

(i) Fundamentals of radar:

(A) How radar works.

(B) Factors affecting the performance

and accuracy of marine radar.

(C) Purpose and functions of the main

components that constitute a typical

marine-radar system.

(ii) Operation and use of radar:

(A) Purpose and adjustment of

controls.

(B) Detection of malfunctions, false

and indirect echoes, and other radar

phenomena.

(C) Effects of sea return, weather, and

other environmental conditions.

(D) Limitations of radar resulting from

design factors.

(E) Safety precautions associated with

use and maintenance of marine radar.

(F) Measurement of ranges and

bearings.

(G) Effect of size, shape, composition,

and distance of vessels and terrestrial

targets on echo.

(iii) Interpretation and analysis of

radar information:

(A) Radar navigation (including visual

techniques)—determining positions,

and detecting changes in the relative

motion, of other vessels.

(B) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(C) Determining the course and speed

of another vessel.

(D) Determining the time and distance

of closest point of approach of a
11304 Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations

crossing, meeting, overtaking, or

overtaken vessel.

(E) Detecting changes of course or

speed of another vessel after its initial

course and speed have been established.

(F) Applying the Navigational Rules,

and other factors to consider when

determining changes of course or speed

of a vessel to prevent collisions on the

basis of radar observation.

(G) Use of radar in maintaining

situational awareness.

(3) Radar Observer (Rivers).

Classroom instruction—with emphasis

on situations and problems encountered

on rivers, including demonstration and

practical exercises using simulators—

and examination, in the following

subjects:

(i) Fundamentals of radar:

(A) How radar works.

(B) Factors affecting the performance

and accuracy of marine radar.

(C) Purpose and functions of the main

components that constitute a typical

marine-radar system.

(ii) Operation and use of radar:

(A) Purpose and adjustment of

controls.

(B) Detection of malfunctions, false

and indirect echoes, and other radar

phenomena.

(C) Effects of sea return, weather, and

other environmental conditions.

(D) Limitations of radar resulting from

design factors.

(E) Safety precautions associated with

use and maintenance of marine radar.

(F) Measurement of ranges and

bearings, recognizing limited use of

radar bearings in curving, narrow

channels.

(G) Effect of size, shape, composition,

and distance of vessels and terrestrial

targets on echo.

(iii) Interpretation and analysis of

radar information:

(A) Radar navigation (including visual

techniques)— determining positions,

and detecting changes in the relative

motion, of other vessels.

(B) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(C) Applying the Navigational Rules,

and other factors to consider when

determining changes of course or speed

of a vessel to prevent collisions on the

basis of radar observation.

(D) Use of radar in maintaining

situational awareness.

(4) Radar Observer (Unlimited:

Renewal). Classroom instruction—

including demonstration and practical

exercises using simulators—and

examination, in the following subjects:

(i) Interpretation and analysis of radar

information:

(A) Radar navigation (including visual

techniques)—determining positions,

and detecting changes in the relative

motion, of other vessels.

(B) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(C) Determining the course and speed

of another vessel.

(D) Determining the time and distance

of closest point of approach of a

crossing, meeting, overtaking, or

overtaken vessel.

(E) Detecting changes of course or

speed of another vessel after its initial

course and speed have been established.

(F) Applying the Navigational Rules,

and other factors to consider when

determining changes of course or speed

of a vessel to prevent collisions on the

basis of radar observation.

(G) Use of radar in maintaining

situational awareness.

(ii) Plotting (by any graphicallycorrect method):

(A) Principles and methods of plotting

relative and true motion.

(B) Practical-plotting problems.

(5) Radar Observer (Inland Waters and

GIWW: Renewal). Classroom

instruction—including demonstration

and practical exercises using

simulators—and examination, in the

interpretation and analysis of radar

information, including:

(i) Radar navigation (including visual

techniques—determining positions, and

detecting changes in the relative motion,

of other vessels.

(ii) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(iii) Determining the course and speed

of another vessel.

(iv) Determining the time and

distance of closest point of approach of

a crossing, meeting, overtaking, or

overtaken vessel.

(v) Detecting changes of course or

speed of another vessel after its initial

course and speed have been established.

(vi) Applying the Navigational Rules,

and other factors to consider when

determining changes of course or speed

of a vessel to prevent collisions on the

basis of radar observation.

(vii) Use of radar in maintaining

situational awareness.

(6) Radar Observer (Rivers: Renewal).

Classroom instruction—including

demonstration and practical exercises

using simulators—and examination, in

the interpretation and analysis of radar

information, including:

(i) Radar navigation (including visual

techniques)— determining positions,

and detecting changes in the relative

motion, of other vessels.

(ii) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(iii) Applying the Navigational Rules,

and other factors to consider when

determining changes of course or speed

of a vessel to prevent collisions on the

basis of radar observation.

(iv) Use of radar in maintaining

situational awareness.

3. Section 10.306 is revised to read as

follows:

§ 10.306 Radar-Operation course and

certificate.

(a) A certificate of training from a

Radar-Operation course may, as

provided by 46 CFR 15.815(c)(2), suffice

instead of a Radar-Observer

endorsement. It is valid until the

holder’s license is renewed or upgraded,

or expires, whichever occurs first.

(b) Each Radar-Operation course must

contain at least 4 hours of instruction on

the following subjects:

(1) Fundamentals of radar:

(i) How radar works.

(ii) Factors affecting the performance

and accuracy of marine radar.

(iii) Purpose and functions of the

main components that constitute a

typical marine-radar system.

(2) Operation and use of radar:

(i) Purpose and adjustment of

controls.

(ii) Detection of malfunctions, false

and indirect echoes, and other radar

phenomena.

(iii) Effects of sea return, weather, and

other environmental conditions.

(iv) Limitations of radar resulting

from design factors.

(v) Safety precautions associated with

use and maintenance of marine radar.

(vi) Measurement of ranges and

bearings.

(vii) Effect of size, shape,

composition, and distance of vessels

and terrestrial targets on echo.

(3) Interpretation and analysis of radar

information:

(i) Radar navigation—determining the

position and direction of movements of

a vessel.

(ii) Collision-avoidance, including

visual techniques, appropriate to the

circumstances and the equipment in

use.

(iii) Applying the Navigational Rules,

Chapters 30 and 34 of Title 33 U.S. Code

[Commandant Instruction M16672.2C or

equivalent, as amended], and other

factors to consider when determining

changes of course or speed of a vessel

to prevent collisions on the basis of

radar observation.

(c) Each Radar-Operation course must

be conducted by a person who possesses
Federal Register / Vol. 62, No. 47 / Tuesday, March 11, 1997 / Rules and Regulations 11305

the knowledge and skills taught in the

course, with at least one year of

experience in their practical

application, except that—

(1) A marine instructor or company

official may substitute a currently valid

certificate from an approved RadarObserver course (Unlimited, or Inland

Waters and GIWW) for the one year of

experience; and

(2) An instructor of any approved

Radar-Observer course may teach a

Radar-Operation course without further

seagoing experience.

(d) When a holder of the RadarOperation certificate seeks a RadarObserver endorsement, he or she is an

applicant for an original endorsement

rather than for renewal of an

endorsement.

4. Section 10.480 is revised to read as

follows:

§ 10.480 Radar observer.

(a) This section contains the

requirements that an applicant must

meet to qualify as a radar observer. (Part

15 of this chapter specifies who must

qualify as a radar observer.)

(b) If an applicant meets the

requirements of this section, one of the

following Radar-Observer endorsements

will be added to his or her deck officer’s

license:

(1) Radar Observer (Unlimited).

(2) Radar Observer (Inland Waters and

GIWW).

(3) Radar Observer (Rivers).

(c) Endorsement as Radar Observer

(Unlimited) is valid on all waters.

Endorsement as Radar Observer (Inland

Waters and GIWW) is valid only for

those waters other than the Great Lakes

covered by the Inland Navigational

Rules. Endorsement as Radar Observer

(Rivers) is valid only on any river, canal,

or similar body of water designated by

the OCMI, but not beyond the boundary

line.

(d) Except as provided by paragraphs

(e) and (f) of this section, each applicant

for a Radar-Observer endorsement or for

renewal of an endorsement must

complete the appropriate course

approved by the Coast Guard, receive

the appropriate certificate of training,

and present the certificate to the OCMI.

(e) An applicant who possesses a

Radar-Observer endorsement, resides in

a remote geographic area, and can

substantiate to the satisfaction of the

OCMI that the applicant’s absence will

disrupt normal movement of commerce,

or that the applicant cannot attend an

approved Radar-Observer renewal

course, may have his or her

endorsement renewed upon successful

completion of an examination

administered by the Coast Guard, or by

a third party acceptable to the Coast

Guard.

(f) Except as provided by paragraph

(k) of this section, a Radar-Observer

endorsement issued under this section

is valid for 5 years after the month of

issuance of the certificate of training

from a course approved by the Coast

Guard. It is not terminated by the

issuance of a new license during these

5 years.

(g) The month and year of the

expiration of the Radar-Observer

endorsement are printed on the license.

(h) A Radar-Observer endorsement

may be renewed at any time.

(i) An applicant for renewal of a

license that does not need a RadarObserver endorsement may renew the

license without meeting the

requirements for the endorsement.

(j) An applicant seeking to raise the

grade of a license or increase its scope,

where the increased grade or scope

requires a Radar-Observer certificate,

may use an expired certificate to fulfill

that requirement.

(k) The renewal date of a RadarObserver endorsement may be extended

beyond the normal 5-year duration to

coincide with the renewal date of the

license to which it pertains. This

extension may not exceed 2 years and

will be necessary only once, to

synchronize the two renewal dates.

Dated: March 3, 1997.

J. C. Card,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–5987 Filed 3–10–97; 8:45 am]

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