[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Proposed Rules]
[Pages 2939-2941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1271]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[USCG 98-3323]
RIN 2115-AF57


Federal Pilotage for Vessels in Foreign Trade

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to require that foreign-trade 
vessels, under way on the Cape Fear River and the Northeast Cape Fear 
River in North Carolina, be under the direction and control of Federal 
pilots when not under the direction and control of State pilots. This 
measure is necessary to ensure that vessels are navigated by competent, 
qualified persons, knowledgeable in the local area and accountable to 
either the State or the Coast Guard. This measure would promote 
navigational safety by increasing the level of accountability and 
reducing the risk of accidents and the discharge of oil and other 
hazardous substances into these waters.

DATES: Comments must reach the Coast Guard on or before February 19, 
1998.

ADDRESSES: You may mail comments to the Docket Management Facility, 
USCG 98-3323, U.S. Department of Transportation, Room PL-401, 400 
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room 
PL-401, located on the Plaza Level of the Nassif Building at the same 
address between 10:00 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments, and documents as indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at room PL-401, located on the Plaza Level of the Nassif 
Building at the above address between 10:00 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paulette Twine, Chief, Documentary 
Services Division, U.S. Department of Transportation, telephone 202-
366-9329 or Mr. Stewart Walker, Licensing and Manning Division, Office 
of Compliance (G-MOC-1), room 1116, 202-267-0745.

SUPPLELMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking USCG 98-3323 and the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, larger than 8\1/2\ by 11 inches, suitable for copying 
and electronic filing. Persons wanting acknowledgment of receipt of 
comments should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations would aid this rulemaking, the Coast

[[Page 2940]]

Guard will hold a public hearing at a time and place announced by a 
later notice in the Federal Register.

Background and Purpose

    Under subsection 8503(a) of title 46, United States Code, the 
Secretary of Transportation may require a Federally-licensed pilot to 
be aboard a self-propelled vessel engaged in foreign trade and 
operating on the navigable waters of the United States when State law 
does not require a pilot. Under this authority, on May 10, 1995 [60 FR 
24793], the Coast Guard amended 46 CFR part 15 and required Federal 
pilots to be aboard vessels engaged in foreign trade and operating on 
certain navigable waters of the United States, within California, 
Hawaii, Massachusetts, and New York and New Jersey. At the same time, 
subsection 8503(b) provides that Federal authority to require 
Federally-licensed pilots on vessels in foreign trade terminates when 
the State having jurisdiction establishes a superseding requirement for 
a State pilot and notifies the Secretary of that fact.
    Commercial vessels transit the Cape Fear River and Northeast Cape 
Fear River carrying various types of freight, oil, and hazardous 
substances and hazardous materials, as well as large quantities of 
bunkers. Under North Carolina law [General Statutes of North Carolina, 
76A-16], every foreign vessel and every domestic vessel sailing under 
register must use a State-licensed pilot, except that the vessel need 
not use a State-licensed pilot if it is under the control of a docking 
master for certain movements on the Cape Fear River. These movements 
include berthing and unberthing, passing through bridges, and shifting 
within a port or terminal. North Carolina does not license, establish 
qualifications for, or regulate the competency of, docking masters. 
Although all docking masters currently operating on the Cape Fear River 
and Northeast Cape Fear River already hold valid Federal pilots' 
licenses (or pilotage endorsements on Federal licenses), holding these 
is voluntary and is currently neither a State nor a Federal 
requirement. Anyone may serve as docking master, and no one need 
demonstrate proficiency.
    Recently, a foreign-flag bulk carrier under the control of a 
docking master was caught by the wind and current when leaving a pier 
above the Cape Fear Memorial Bridge. The vessel was set down river, 
perpendicular to the channel, while the docking master tried to rotate 
its bow downstream. Its stern struck and destroyed about 30 meters of 
the pier that it had just left. The docking master was not operating 
under the authority of either a Federal or a State pilot's license. 
North Carolina did not investigate this incident; and, in such a case, 
unless the person is operating under the authority of a Federal pilots' 
license (or endorsement), or the Coast Guard has some other basis for 
jurisdiction, the Coast Guard could not suspend or revoke his or her 
Federal license (or endorsement) for violations of statutes or rules 
intended either to promote marine safety or to protect the navigable 
waters, for misconduct, or for negligence [46 U.S.C. Chapter 77]. Even 
if the Coast Guard considered him or her professionally or medically 
incompetent, its ability to deny him or her the opportunity to serve as 
a docking master on foreign-trade vessels would be severely restricted.
    The Coast Guard has determined that it is unsafe for vessels to 
undertake intra-port transits, undertake transits when not bound to or 
departing from ports, or otherwise navigate in the waters of the Cape 
Fear River or Northeast Cape Fear River except when under the direction 
and control of pilots accountable to the State or to the Coast Guard. 
These vessels represent an unacceptable risk to human life, property, 
and the environment. Therefore, the Coast Guard has determined that to 
require persons to serve under the authority of Federal first-class 
pilots' licenses (or endorsements), and so be accountable for their 
actions and competency, would increase maritime safety.
    Currently, to obtain a Federal pilot's license (or endorsement), a 
person must pass a comprehensive examination, which includes, but is 
not limited to, performing a chart sketch of the area, demonstrating 
proficiency in the use of navigational aids, and maneuvering and 
handling ships in high winds, tides, and currents. Further, a person 
must complete a specific number of round trips and demonstrate 
specialized knowledge of the waters for which the license (or 
endorsement) is issued. Therefore, the Coast Guard proposes a Federal 
pilots' requirement for foreign-trade vessels operating in the 
designated waters of the Cape Fear River and Northeast Cape Fear River, 
unless the vessels are under the direction and control of State-
licensed pilots operating under the authority of valid State pilots' 
licenses.

Discussion of Proposed Rule

    This proposed rule would add a new section to 46 CFR part 15, 
subpart I, to require that every foreign-trade vessel operating on the 
Cape Fear River and Northeast Cape Fear River be under the direction 
and control of a Federally-licensed pilot except when under the 
direction and control of a State-licensed pilot operating under the 
authority of a valid State license. This rule would apply only to the 
Cape Fear River and Northeast Cape Fear River, since North Carolina 
allows docking masters to take control of foreign-trade vessels only in 
these waters.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) [44 
FR 11040 (February 26, 1979)].
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary.
    Foreign-trade vessels are normally under the direction and control 
of docking masters or State pilots when making intra-port transits or 
transits in congested waters. Those persons currently serving as 
docking masters do hold Federal pilots' licenses, although not required 
to do so by State or Federal regulation. Therefore, this proposed rule 
would not impose any immediate additional costs on the persons acting 
as docking masters. However, those persons entering this profession in 
the future would now be required to hold Federal pilots' licenses. 
Historically, persons filling these vacancies have already obtained 
Federal pilots' licenses and necessary endorsements in the normal 
course of advancement in this profession. Nevertheless, this rule would 
require an initial expense to obtain the license, in addition to a 
yearly physical and the five-year renewal fees. These costs should be 
insignificant as those persons currently acting as docking masters 
already have, and those likely to enter this profession would already 
have, the required license. This rule would promote responsibility and 
safety by requiring a Federal pilot, where the State requires no pilot, 
for foreign-trade vessels transiting or making intra-port transits 
within the waters of the Cape Fear River or Northeast Cape Fear River. 
The Coast Guard believes that the benefits of requiring licensed, 
qualified persons aboard these vessels significantly outweigh the small 
costs associated with implementing this rule.

[[Page 2941]]

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601-612], the Coast 
Guard considers whether this proposed rule, if adopted, would have a 
significant economic impact on a substantial number of small entities. 
These include independently owned and operated small businesses, that 
are not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard expects that this proposed rule would have minimal 
economic impact on small entities. The Coast Guard doubts whether 
vessels affected by this rule are owned or operated by small entities. 
However, State pilots' associations may qualify as small entities. The 
Coast Guard understands that persons now providing pilotage to foreign-
trade vessels calling at ports on the Cape Fear River and Northeast 
Cape Fear River already hold Federal first-class pilots' licenses (or 
endorsements) for those waters. Therefore, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this rule would have a significant economic 
impact on your business or organization, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and in what way and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If this rule would affect your small business 
or organization, and if you have questions concerning its provisions or 
options for compliance, please contact Mr. Stewart Walker, Licensing 
and Manning Division, Office of Compliance (G-MOC-1), Room 1116, 202-
267-0745.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501-
3520].

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.
    Congress specifically, under 46 U.S.C. 8503(a), authorized the 
Federal Government to require a Federally licensed pilot where State 
law requires no pilot. North Carolina permits a docking master, not 
licensed by the State, to serve as pilot on certain waters of the 
State. Therefore, the Federal Government may require Federally-licensed 
pilots on those waters. The Federal authority to require that pilots 
hold Federal licenses is effective only until the State establishes a 
superseding requirement that pilots hold State licenses and notifies 
the Coast Guard of that fact according to 46 U.S.C. 8503(b).
    Since this proposed rule aims primarily at requiring Federal pilots 
to supplement State pilots, the Coast Guard does not believe that the 
preparation of a Federalism Assessment is warranted. This rule would 
not impinge upon existing State laws. If North Carolina adopted 
superseding legislation requiring foreign vessels, and domestic vessels 
sailing on registry, to be under the direction and control of State-
licensed pilots, the Coast Guard would withdraw its requirement, Thus, 
the Federal statute itself lets North Carolina preempt Federal 
authority. Still, the Coast Guard specifically seeks public comment on 
the implications of this rule for Federalism.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under paragraph 2.B.2.e.(34)(a) of 
Commandant Instruction M16475.1B, this rule is categorically excluded 
from further environmental documentation. The Coast Guard has 
determined that most people now providing pilotage to foreign-trade 
vessels within the Cape Fear River and Northeast Cape Fear River would 
continue to provide it since most pilots already hold Federal first-
class pilots' licenses for these waters. Therefore, this rule would let 
affected vessels continue to operate according to current industry 
practices. The Coast Guard also recognizes that this rule may minimize 
the risk of environmental harm that may result from collisions and 
groundings of vessels. Nevertheless, this impact should not be 
significant enough to warrant further documentation. The ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 15

    Crewmembers, Marine safety, Navigation (water), Seamen, Vessels.

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

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, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 9102; 49 CFR 1.45 and 1.46.

    2. Add Sec. 15.1050 to read as follows:


Sec. 15.1050   North Carolina.

    (a) The following navigable waters of the United States within the 
State of North Carolina when the vessel is maneuvering while berthing 
or unberthing, is approaching or passing through a bridge, or is making 
any intra-port transit, which transit may include but is not limited to 
movement from a dock to a dock, from a dock to an anchorage, from an 
anchorage to a dock, or from an anchorage to an anchorage, within 
either of the following areas:
    (1) The waters of the Cape Fear River from the boundary line 
established by 46 CFR 7.60 to Latitude 34 deg.-15.7' N.
    (2) The waters of the Northeast Cape Fear River from its confluence 
with the Cape Fear River at Point Peter to Latitude 34 deg.-17' N.
    (b) This subpart does not apply to the waters specified in 
paragraph (a) of this section if a vessel is under the direction and 
control of a State-licensed pilot operating under the authority of a 
valid State pilot's license.

    Dated: January 7, 1998.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 98-1271 Filed 1-16-98; 8:45 am]
BILLING CODE 4910-14-M