Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations 20931

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 25, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: April 9, 2001.

Lynda F. Carroll,

Acting Regional Administrator, Region 6.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority for citation for part

52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart SS—Texas

2. In § 52.2270(c) the table is amended

by revising the entry for ‘‘Section 114.1’’

and adding to the end of the section

‘‘Chapter 114 (Reg 4)—Control of Air

Pollution From Motor Vehicles’’ a new

heading with entries for ‘‘Subchapter

H—Low Emission Fuels’’ to read as

follows:

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

EPA APPROVED REGULATIONS IN THE TEXAS SIP

State citation Title/subject

State approval/submittal date

EPA approval date Explanation

Chapter 114 (Reg 4)—Control of Air Pollution From Motor Vehicles

Subchapter A—Definitions:

Section 114.1 .......... Definitions ............................................................. 08/16/99 4/26/01 [and Federal

Register citation].

New definitions added.

*******

Subchapter H—Low

Emission Fuels; Division I: Gasoline Volatility:

Section 114.301 ...... Control Requirements for Reid Vapor Pressure .. 04/25/00 4/26/01 [and Federal

Register citation].

Part (c) is not approved.

Section 114.304 ...... Registration of Gasoline Producers and Importers.04/25/00 4/26/01 [and Federal

Register citation].

Section 114.305 ...... Approved Test Methods ....................................... 04/25/00 4/26/01 [and Federal

Register citation].

Section 114.306 ...... Recordkeeping, Reporting, and Certification Requirements.04/25/00 4/26/01 [and Federal

Register citation].

Section 114.307 ...... Exemptions ........................................................... 04/25/00 4/26/01 [and Federal

Register citation].

Section 114.309 ...... Affected Counties ................................................. 04/25/00 4/26/01 [and Federal

Register citation].

*******

[FR Doc. 01–10251 Filed 4–25–01; 8:45 am]

BILLING CODE 6560–50–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 15

[USCG 1999–6224]

RIN 2115–AF23

Licensing and Manning for Officers of

Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for

comments.

SUMMARY: By this interim rule, the Coast

Guard amends the interim rule of

November 19, 1999, on licensing and

manning for officers of towing vessels.

This amendment is necessary to clarify

confusion caused, and lessen the

burdens imposed, by that rule. The

Coast Guard intends this amendment to

facilitate obtaining the appropriate

licenses under the rule.

DATES: This interim rule is effective on

May 21, 2001. Comments and related

material must reach the Docket

Management Facility on or before July

25, 2001. Except as amended by this

rule, the interim rule published on

November 19, 1999 (64 FR 63213), and

delayed on October 7, 2000 (65 FR

64388), remains effective on its terms.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket

[USCG–1999–6224], please submit them

by only one of the following means:

(1) By mail to the Docket Management

Facility, U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington, DC

20590–0001.

(2) By delivery to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

20932 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, 400 Seventh Street

SW., Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays. You may also

find this docket on the Internet at http:/

/dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If

you have questions on this rule, call

Lieutenant Commander Luke Harden,

Office of Operating and Environmental

Standards (G–MSO), Coast Guard,

telephone 202–267–1838. If you have

questions on viewing or submitting

material to the docket, call Dorothy

Beard, Chief, Dockets, Department of

Transportation, telephone 202–366–

5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking [USCG 1999–6224],

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. You may submit your

comments and material by mail,

delivery, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES; but please

submit your comments and material by

only one means. If you submit them by

mail or delivery, submit them in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they

reached the Facility, please enclose a

stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this rule in view of them.

We seek your comments addressing

this interim rule, specifically those

concerning the operation of towing

vessels on the Lower Mississippi River,

below mile 304. We separated the

Western Rivers and inland routes in the

interim rule published on November 19,

1999, in response to public comments

stating that the Western Rivers required

a special skill set to operate on them

safely. Therefore, we now classify the

pilotage waters of the Lower Mississippi

River as part of the Western Rivers. This

part of the River continues to handle

towing-vessel traffic from oceans, nearcoastal, and Great Lakes and inland

routes, as well as serving deep-draft

vessels in the pilotage waters.

Considering this, should towing vessel

officers operating in the pilotage waters

of the Lower Mississippi River be

required to hold a Western Rivers

Endorsement?

We also specifically seek your

comments concerning the harbor-assist

license. We became aware that license is

similar in scope to the limited license

proposed in the interim rule of

November 19, 1999. Should we combine

these licenses? Or is there sufficient

rationale for us to maintain them as

separate licenses?

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for one to the Docket Management

Facility at the address under ADDRESSES

explaining why one would be

beneficial. If we determine that one

would aid this rulemaking, we will hold

one at a time and place announced by

a later notice in the Federal Register.

Background and Purpose

On November 19, 1999, we published

a first interim rule with request for

comments (64 FR 63213). It established

updates to the licensing and training of

officers of towing vessels and the

qualifications of those officers. We had

chosen an interim rule to provide the

towing industry a further opportunity

for comment; to answer comments

received on the Supplemental Notice of

Proposed Rulemaking (SNPRM) (62 FR

55548 (October 27, 1997)); to address

concerns received at public meetings;

and to provide the public an

opportunity to respond to changes

reflected in the SNPRM. We published

a second interim rule on October 27,

2000 (65 FR 64388), which delayed the

implementation of the first interim rule

until May 21, 2001. Delaying the rule

gave us the time to clarify that rule

through this third interim rule and issue

guidelines implementing it.

The first interim rule is an essential

part of a comprehensive initiative to

improve navigational safety for towing

vessels. You can glean its full

background from the preambles to the

notice of proposed rulemaking (NPRM)

(61 FR 31332 (June 19, 1996)), the

SNPRM, and the interim rule itself.

Discussion of Changes to the Interim

Rule of November 19, 1999

This third interim rule contains a

brief description of and reason for each

of its amendments to the first interim

rule:

(1) In 46 CFR 10.103, we revise the

definition of inland waters. We clarify

that the exclusion of Western Rivers

from inland waters pertains only to

towing vessels.

(2) In 46 CFR 10.205, we properly

identify the towing-vessel licenses.

(3) In 46 CFR 10.209(c)(6), we

describe the added information

necessary to renew a license for towing

vessels and remove the requirement to

document ongoing training only within

the Towing Officer’s Assessment Record

(TOAR). This increases the flexibility of

this rule and allows mariners to

maintain and present these records in

alternative formats. It allows mariners

who must document training under the

International Convention on Standards

of Training, Certification and

Watchkeeping for Seafarers (STCW),

1978, as amended, to maintain their

records with those required by STCW. It

also allows those companies that

maintain their own training records

under quality-management systems to

provide these records for their

employees.

(4) From 46 CFR 10.209, we remove

paragraph (c)(7), on the return of the

license after suspension for

incompetence; and, in § 10.223, we

restore it, under suspension and

revocation of licenses. This is the most

appropriate site for this cite since return

is not a matter of renewal.

(5) We add 46 CFR 10.210, which will

illustrate eligibility for a towing license

based on a mariner’s current license. It

will show how a mariner’s license,

issued before the implementation of this

rule, will be grandfathered under this

rule.

(6) In 46 CFR 10.223, we add the

paragraph removed from § 10.209(c)(7),

establishing the process for return of a

towing license following suspension or

revocation for incompetence.

(7) In 46 CFR 10.304, we authorize a

licensed officer as well as a qualified

instructor to provide training to a

candidate for a towing-vessel license.

This will ease the burden on the

industry and is consistent with current

practices. We also revise that section to

reflect that this process documents only

proficiency, not competence.

(8) In 46 CFR 10.412 and 10.414, we

clarify the progression of a towingvessel license into other categories and

Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations 20933

levels of license. This provides

professional advancement for mariners

working in the towing industry.

(9) In 46 CFR 10.463, we clarify that

a towing-vessel license does not

authorize service aboard vessels on

foreign voyages or aboard those towing

vessels greater than 200 gross register

tons (GRT).

(10) Also in 46 CFR 10.463, we

restrict the areas an Officer in Charge of

Marine Inspection can designate as

limited local areas to those on the Great

Lakes, in inland waters, and on western

rivers.

(11) In 46 CFR 10.464(a), we authorize

service on subordinate routes, excepting

western rivers, without an endorsement

on the license. After it we insert Table

10.464–1, which eases the requirements

for obtaining a license as master of

towing vessels. We also remove the

rivers route since it was not a route

required of towing vessels.

(12) In 46 CFR 10.464(b), we

streamline the requirements for

obtaining a license as master of towing

vessels (harbor assist), and we insert

Table 10.464–2, reflecting the new

requirements.

(13) From 46 CFR 10.464(d), we

remove the limits on tonnage for

mariners operating seagoing towing

vessels. Our rules already impose a

number of such limits for mariners

operating towing vessels in general.

Officers operating seagoing towing

vessels must already comply with the

Officers’ Competency Certificates

Convention, 1936, and with STCW if

they are operating towing vessels greater

than 200 GRT navigating seaward of the

boundary line. To operate a towing

vessel greater than 200 GRT or any

towing vessel on an international route,

an officer must hold a license

authorizing service on an inspected selfpropelled vessel of appropriate tonnage

and the accompanying STCW form.

Also in 46 CFR 10.464(d), we allow an

officer holding a license as mate of

towing vessels to gain an endorsement

on that license for master of towing

vessels (limited). This provides the

fleeting and harbor-towing industries an

alternative method of obtaining masters

for their operations. (Getting a license as

mate of towing vessels otherwise

requires the mariner to gain greater

experience with a broader scope of

training.)

(14) In 46 CFR 10.464(g), we authorize

a master of inspected, self-propelled

vessels, greater than 200 GRT, to serve

as master of towing vessels while

holding a completed TOAR.

(15) In 46 CFR 10.464(h), we add the

authority allowing mariners already in

the towing industry to obtain licenses

using the licensing process existing

before May 21, 2001. This phase-in

period results in a gradual

implementation of the requirements of

this and the first interim rule, published

on November 19, 1999. This addition

assists those mariners who may be most

affected by that interim rule.

(16) In 46 CFR 10.465 we revise

paragraphs (a) and (e) and Table 10.465–

1 to clarify the licensing requirements

for mate (pilot) of towing vessels and

the authority for subordinate routes.

This makes these requirements

consistent with those for master of

towing vessels.

(17) Also in 46 CFR 10.465(e), we

authorize a mate of inspected, selfpropelled vessels, greater than 200 GRT,

to serve as mate (pilot) of towing vessels

while holding a completed TOAR. This

change leaves these requirements

consistent with those for master of

towing vessels and answers the

concerns about the increased workload

on our resources for licensing.

(18) In 46 CFR 10.466, we revise the

routes for apprentice mate. This ensures

consistency among the licenses covered

by this rule.

(19) In 46 CFR 15.610 and 15.910, we

let officers with authority to operate

towing vessels continue operating those

vessels until they renew their licenses.

The preamble of the first interim rule

stated that officers would not have to

obtain their new license until they

renewed their current ones, but the rule

itself set no such standard. This will

reduce the burden on the industry and

on our resources when this rule

becomes effective.

(20) In 46 CFR 15.805 and 15.810, we

clarify which officer licenses authorize

service in the licensed positions on

towing vessels.

(21) In 46 CFR 10.903(a)(18), we add

apprentice mate (steersman) of towing

vessels, limited, to the list of licenses

that require examination for issuance.

Its omission from the first interim rule

was an oversight. In this section, we

also delete paragraph (c)(7) since

licenses for towing vessels will not

authorize service on towing vessels 200

GRT or more.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, 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, l979).

A draft Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is available in

the docket as indicated under

ADDRESSES. A summary of the

Evaluation follows:

Costs to Industry

There are around 5,400 documented

towing vessels in the United States. This

interim rule will ensure that all those

officers currently operating such vessels

maintain their authority after the new

requirements for licensing and manning

become effective on May 21, 2001. This

rule accomplishes administrative

changes (updates) that result in the

gradual, continuous implementation of

the rules on licensing and manning for

officers on towing vessels.

Most revisions to the first interim

rule, as reflected in this rule, either

make editorial changes or update

technical information to reflect

comments to that rule. Certain revisions

will reduce the costs to the towing

industry incurred due to that rule. We

estimated the annual costs—including

costs for new entrants into the industry

and costs associated with industry’s

increased paperwork burden—at

$1,314,424. This rule will lessen annual

costs by $3,780, bringing them down to

$1,310,644. Their 10-year present value,

from 2001 up to 2010, discounted at 7

percent to 2000, would total $9,205,414,

and this represents $26,550 less than the

total present value due to that rule,

$9,231,964. The difference in the cost to

the industry arises from the removal of

the requirement of passing an

examination when the mariners holding

licenses as master or mate of selfpropelled vessels of greater than 200

GRT seek endorsements for towing

vessels (46 CFR 10.464 and 10.465).

The annual costs to the Federal

Government, estimated in the first

interim rule, consist in the time and

resources for our reviewing

documentation of ongoing training and

drills such as TOARs of current

mariners, as well as the service records,

applications, and check-ride results of

new ones. We estimated the total costs

to the Government at $70,464 a year.

The 10-year present value of costs to the

Government, discounted at 7 percent to

2000, would total $494,910.

We estimate that this rule decreases

the 10-year present value, discounted at

7 percent to 2000, of costs to industry

and the Government to a total of

$9,700,324. This represents $26,550 less

than the total present value of

$9,726,874 under the unchanged first

interim rule.

20934 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations

Benefits to Industry

This rule clarifies and lessens the

requirements for obtaining appropriate

licenses imposed by the first interim

rule. It also provides mariners with

flexibility when seeking to obtain a

license in the towing industry. This rule

allows another path for mariners to

obtain licenses in niche markets, such

as the fleeting and harbor-towing

industries, in less time. It also allows

another method for reporting

information required by that rule.

We estimated, in the first interim rule,

that annual benefits from preventing

deaths will range from $2,430,000 to

$5,130,000, while annual benefits from

preventing property damage will range

from $1,158,987 to $2,546,694. The 10-

year present value of total benefits

should range from $25,207,543 to

$53,917,886. Therefore, the 10-year

benefit-cost ratio of this rule should

range from 2.60 to 5.56 with the average

being 4.08.

Finally, this benefit analysis

considered only a portion of the 1500

cases where a lack of knowledge or

proficiency was cited as a causal factor.

We did not quantify any benefits from

preventing injuries. Other areas where

benefits exist, but were not quantified,

were disruption of private automobile

and commercial truck traffic when

bridges are damaged, and environmental

damage from spilled cargo.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we consider

whether this 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 interim rule places its primary

economic burden on the mariners, not

on their employers. However, towing

companies would be required to

maintain evidence that every vessel they

operate is under the direction and

control of a licensed mariner with

appropriate experience, including 30

days of observation and training on the

intended route. While this could be

accomplished using copies of records

that most companies already keep, it is

impossible to determine exactly how

many companies will have an increased

burden. This analysis considered all of

the approximately 1,252 companies

operating towing vessels to be small

entities that will experience an

increased burden. At an estimated

increased burden of 2 hours per year,

the total small entity impact of this rule

is expected to be $42,568 per year (1,252

companies × 2 hours per company per

year × $17 per hour).

Therefore, the Coast Guard certifies

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

not have a significant economic impact

on a substantial number of small

entities. If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule will have a significant

economic impact on it, please submit a

comment to the Docket Management

Facility at the address under ADDRESSES.

In your comment, explain why you

think it qualifies and how and to what

degree this rule will economically affect

it.

Collection of Information

This interim rule calls for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520). Indeed, it should

reduce administrative difficulty for

everyone affected by it.

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria in Executive Order 13132 and

has determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

It is well settled that States are

precluded from regulation in categories

that are reserved for regulation by the

Coast Guard. It is also well settled, now,

that all of the categories covered in 46

U.S.C. 3306, 3703(a), 7101, and 8101

(design, construction, alteration, repair,

maintenance, operation, equipping,

personnel qualification, and manning of

vessels) are within the field foreclosed

from State regulation. (See the decision

of the Supreme Court in the

consolidated cases of United States v.

Locke and Intertanko v. Locke, 120 S.

Ct. 1135, 2000 U.S. LEXIS 1895 (March

6, 2000)). Since this rule involves the

requirements that facilitate mates

obtaining their appropriate licenses, it

falls into the manning category, thereby

precluding States from regulation.

Because States may not promulgate

rules within this category, preemption is

not an issue under E.O. 13132.

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 regulatory actions not specifically

required by law. 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 or more

in any one year. Though this interim

rule will not result in such expenditure,

the effects of this rule are discussed

elsewhere in this preamble.

Taking of Private Property

This interim rule will not effect a

taking of private property or otherwise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights (53 FR 8859 (March 15, 1988)).

Reform of Civil Justice

This interim 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.

Consultation and Coordination With

Indian Tribal Governments

This interim rule will not have tribal

implications; will not impose

substantial direct compliance costs on

Indian tribal governments; and will not

preempt tribal law. Therefore, it is

exempt from the consultation

requirements of Executive Order 13175.

If tribal implications are identified

during the comment period we will

undertake appropriate consultations

with the affected Indian tribal officials.

Protection of Children

We have analyzed this interim rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this interim rule and

concluded that, under figure 2–1,

paragraph (34)(a) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. Under

paragraph (34)(a), this exclusion is

appropriate for rules that are ‘‘editorial

or procedural, such as those updating

addresses or establishing application

procedures.’’ A Determination of

Categorical Exclusion is available in the

docket where indicated under

ADDRESSES.

Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations 20935

List of Subjects

46 CFR Part 10

Reporting and recordkeeping

requirements, Schools, Seamen.

46 CFR Part 15

Reporting and recordkeeping

requirements, Seamen, Vessels.

For the reasons discussed in the

preamble, the Coast Guard amends the

interim rule published on November 19,

1999 (64 FR 63213) and delayed on

October 27, 2000 (65 FR 64388), and 46

CFR chapter I as follows:

PART 10—LICENSING OF MARITIME

PERSONNEL

1. In § 10.103, revise the definition of

Inland waters to read as follows:

§ 10.103 Definitions of terms used in this

part.

* * * * *

Inland waters means the navigable

waters of the United States shoreward of

the Boundary Lines as described in 46

CFR part 7, excluding the Great Lakes

and, for towing vessels, excluding the

Western Rivers. For establishing credit

for sea service, the waters of the Inside

Passage between Puget Sound and Cape

Spencer, Alaska, are inland waters.

* * * * *

2. In § 10.205, revise paragraph (g)(3)

to read as follows:

§ 10.205 Requirements for original

licenses, certificates of registry, and STCW

certificates and endorsements.

* * * * *

(g) * * *

(3) All licenses for master or mate

(pilot) of towing vessels, except

apprentice mate (steersman) of such

vessels, on oceans.

* * * * *

§ 10.209 [Amended]

3. In § 10.209 remove paragraph (c)(7)

and revise paragraph (c)(6) to read as

follows:

§ 10.209 Requirements for renewal of

licenses, certificates of registry, and STCW

certificates and endorsements.

* * * * *

(c) * * *

(6) An applicant for renewal of a

license as master or mate (pilot) of

towing vessels shall submit satisfactory

evidence of either by—

(i) Completing a practical

demonstration of maneuvering and

handling a towing vessel before a

designated examiner; or

(ii) Submitting documentary proof of

ongoing participation in training and

drills during the validity of the license

being renewed.

* * * * *

4. Add § 10.210 to read as follows:

§ 10.210 Eligibility for towing license.

The figure that follows illustrates the

conversion of a towing license issued

before May 21, 2001. The conversion

will take place at the first renewal or

upgrade of the license after May 20,

2001.

BILLING CODE 4910–15–U

20936 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations

5. In § 10.223 add paragraph (d) to

read as follows:

§ 10.223 Suspension and revocation of

licenses.

* * * * *

(d) An applicant for renewal or return

of a license as master or mate (pilot) of

towing vessels whose most recent

license was suspended or revoked by an

administrative law judge for

incompetence shall complete the

practical demonstration under

paragraph (c)(6)(i) of § 10.209.

§ 10.304 [Amended]

6. In § 10.304:

a. In paragraph (h)(5), following the

words ‘‘qualified instructor’’, add the

words ‘‘or licensed officer (with

authority to operate a towing vessel)’’;

b. In paragraph (h)(6), remove the

word ‘‘competent’’ and replace it with

the word ‘‘proficient’’; and

c. In paragraph (h)(7), following the

words ‘‘qualified instructor’’, add the

words ‘‘or licensed officer (with

authority to operate a towing vessel)’’.

§ 10.412 [Amended]

7. In § 10.412 in paragraph (a),

following the word ‘‘mate,’’ in three

places, add the words ‘‘master or mate

(pilot) of towing vessels,’’.

§ 10.414 [Amended]

8. In § 10.414 in paragraph (a),

following the word ‘‘mate,’’ in three

places, add the words ‘‘master or mate

(pilot) of towing vessels,’’.

9. In § 10.463:

a. Redesignate paragraphs (a), (b), and

(c) as (b), (c), and (d), respectively;

b. Add a new paragraph (a) to read as

set forth below; and

c. Revise redesignated paragraphs (c)

and (d) to read as follows:

§ 10.463 General requirements for licenses

for master, mate (pilot), and apprentice

mate (steersman) of towing vessels.

(a) A license issued to an officer of

towing vessels does not authorize

service aboard such vessels on a foreign

voyage nor aboard such vessels greater

than 200 gross register tons on oceans or

near-coastal waters.

* * * * *

(c) A license as master of towing

vessels means a license to operate

towing vessels not restricted to harbor

assist and not restricted to local areas

designated by OCMIs. This also applies

to a license as mate (pilot) of towing

vessels.

Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations 20937

(d) For this section, limited means a

license to operate a towing vessel of less

than 200 gross register tons limited to a

local area within the Great Lakes, inland

waters, or Western Rivers designated by

the OCMI.

10. In § 10.464, revise paragraphs (a),

(b), (d), and (g), and add paragraph (h)

to read as follows:

§ 10.464 Requirements for licenses as

master of towing vessels.

(a) If you would like to obtain a

license as master of towing vessels

endorsed with a route listed in column

1 of Table 10.464–1, then you must

complete the service indicated in

columns 2 through 5. If you hold a

license as master of towing vessels

(harbor assist), then you must complete

the service listed in columns 6 through

9. A license endorsed for a route listed

in column 1 authorizes service on the

subordinate routes listed in column 10,

without further endorsement.

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(b) If you would like to obtain a

license as master of towing vessels

(harbor assist), then you must complete

the service indicated in columns 2

through 6 of Table 10.464–2. If you

would like to upgrade your license as

master of towing vessels (limited), then

you must complete the service listed in

columns 7 through 9.

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* * * * *

(d) If you hold a license as mate

(pilot) of towing vessels, you may have

master of towing vessels (limited) added

to your license for a limited local area

within the scope of your current route.

* * * * *

(g) If you hold a license as a master

of inspected, self-propelled vessels of

greater than 200 gross register tons, you

may operate towing vessels within any

restrictions on your license if you—

(1) Have 30 days of training and

observation on towing vessels for the

route being assessed, except as noted in

paragraph (e) of this section; and

(2) Either—

(i) Hold a completed Towing Officer’s

Assessment Record (TOAR) described in

§ 10.304(h) that shows evidence of

assessment of practical demonstration of

skills; or

(ii) Complete an approved training

course. Your license does not need a

towing endorsement if you hold a

TOAR.

(h) If you began your service or

training in the towing industry before

May 21, 2001, you may receive a license

as master of towing vessels if before

May 21, 2004, you complete the

examination required by 46 CFR

10.903(a)(18)(i) and meet either of the

following two requirements:

(1) Three years of service, including—

(i) Two years on deck aboard a vessel

8 meters (26 feet) or more in length;

(ii) One year on deck aboard a towing

vessel, with at least 6 months of training

or duty in the wheelhouse of the towing

vessel; and

(iii) Three months in each particular

geographic area for which you are

seeking authority; or

(2) Three years of service aboard

towing vessels, including—

(i) One year on deck, with at least 6

months of training or duty in the

wheelhouse of the towing vessel; and

(ii) Three months in each particular

geographic area for which you are

seeking authority.

Your license does not need a towing

endorsement if you hold a TOAR or a

course completion certificate.

§ 10.465 [Amended]

11. In § 10.465, remove paragraph (b),

redesignate paragraphs (c), (d), (e), (f),

and (g) as (b), (c), (d), (e), and (f),

respectively, and revise paragraphs (a)

and newly redesignated (e) to read as

follows:

§ 10.465 Requirements for licenses as

mate (pilot) of towing vessels.

(a) If you would like to obtain a

license as mate (pilot) of towing vessels

endorsed with a route listed in column

1 of Table 10.465–1, then you must

complete the service in columns 2

through 5. If you hold a license as

master of towing vessels (harbor assist

or limited) and would like to upgrade it

to mate (pilot) of towing vessels, then

you must complete the service in

columns 5 and 6. If you hold a license

as mate (pilot) of towing vessels

(limited) and would like to upgrade it to

mate (pilot) of towing vessels, then you

must complete the service in columns 2

through 5 and pass a limited

examination. A license with a route

endorsed in column 1 authorizes service

on the subordinate routes listed in

column 7, without further endorsement.

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* * * * *

(e) If you hold a license as a mate of

inspected, self-propelled vessels of

greater than 200 gross register tons or

one as first-class pilot, then you may

operate towing vessels within any

restrictions on your license if you—

(1) Have 30 days of training and

observation on towing vessels for the

route being assessed, except as noted in

paragraph (b) of this section; and

(2) Hold a completed Towing Officer’s

Assessment Record (TOAR) described in

§ 10.304(h) that shows evidence of

assessment of practical demonstration of

skills.

Your license does not need a towing

endorsement if you hold a TOAR or a

course completion certificate.

* * * * *

12. Amend § 10.466 by revising

paragraph (a) to read as follows:

§ 10.466 Requirements for licenses as

apprentice mate (steersman) of towing

vessels.

(a) As Table 10.466–1 shows, if you

would like to obtain a license as

apprentice mate (steersman) of towing

vessels listed in column 1, endorsed

with a route listed in column 2, then

you must complete the requirements

indicated in columns 3 through 6.

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* * * * *

13. In § 10.903, in paragraph (a), add

a new paragraph (a)(18)(iii) to read as

set forth below; remove paragraph (c)(7);

and redesignate paragraphs (c)(8), (c)(9),

(c)(10), (c)(11), (c)(12), (c)(13), (c)(14),

(c)(15), (c)(16), (c)(17), (c)(18), and

(c)(19) as paragraphs (c)(7), (c)(8), (c)(9),

(c)(10), (c)(11), (c)(12), (c)(13), (c)(14),

(c)(15), (c)(16), (c)(17), and (c)(18)

respectively.

§ 10.903 License requiring examination.

(a) * * *

(18) * * *

(iii) Apprentice mate (steersman) of

towing vessels, limited;

* * * * *

PART 15—MANNING REQUIREMENTS

14. Revise § 15.610 to read as follows:

§ 15.610 Master and mate (pilot) of towing

vessels.

(a) Except as provided in this

paragraph, every towing vessel of at

least 8 meters (at least 26 feet) in length,

measured from end to end over the deck

(excluding sheer), must be under the

direction and control of a person

licensed as master or mate (pilot) of

towing vessels or as master or mate of

vessels of greater than 200 gross register

tons holding either an endorsement on

his or her license for towing vessels or

a completed Towing Officer’s

Assessment Record (TOAR) signed by a

designated examiner indicating that the

officer is proficient in the operation of

towing vessels. This does not apply to

any vessel engaged in assistance towing,

or to any towing vessel of less than 200

gross register tons engaged in exploiting

offshore minerals or oil if the vessel has

sites or equipment so engaged as its

place of departure or ultimate

destination.

(b) An officer may continue to operate

towing vessels within any restrictions of

his or her license from May 21, 2001,

until the first renewal or upgrade of that

license, but not later than May 21, 2006.

Every towing vessel covered by

paragraph (a) of this section must carry

at least the following personnel:

(1) An officer designated Master and

holding a license as—

(i) Master of towing vessels;

(ii) Master of towing vessels (Harbor

Assist) or (Limited) when operating

solely within a limited local area;

(iii) Operator of uninspected towing

vessels;

(iv) Master of inspected, selfpropelled vessels within any restrictions

on the license; or

(v) Mate or first-class pilot of

inspected, self-propelled vessels with a

license for service in vessels of greater

than 200 gross register tons (Domestic

service only).

(2) Another officer, if the vessel is

operating more than 12 hours in any 24-

hour period, holding a license—

(i) Listed in 46 CFR 15.610(b)(1);

(ii) As mate (pilot) of towing vessels;

(iii) As second-class OUTV; or

(iv) As mate of inspected, selfpropelled vessels within any restrictions

on the license.

(c) Paragraph (b) of this section

applies until the officer’s first renewal

or upgrade of license after May 21, 2001.

15. Revise § 15.805(a)(5) to read as

follows:

§ 15.805 Master.

(a) * * *

(5) Every towing vessel of at least 8

meters (at least 26 feet) or more in

length must be under the command of

a master of towing vessels, or a mariner

licensed as master of inspected, selfpropelled vessels greater than 200 gross

register tons (GRT) holding either—

(i) A completed Towing Officer’s

Assessment Record (TOAR), bearing the

signature of a Designated Examiner and

stating that the Examiner found the

candidate proficient; or

(ii) A license endorsed for towing

vessels.

* * * * *

16. Revise § 15.810(d) to read as

follows:

§ 15.810 Mates.

* * * * *

(d) Each person in charge of the

navigation or maneuvering of a towing

vessel of at least 8 meters (at least 26

feet) in length must hold a license

authorizing service as either—

(1) Mate (pilot) of towing vessels; or

(2) Mate of inspected self-propelled

vessels greater than 200 GRT within any

other restrictions on the officer’s

license, holding either—

(i) A completed Towing Officer’s

Assessment Record (TOAR) bearing the

signature from a Designated Examiner

and stating that the Examiner found the

candidate proficient; or

(ii) A license endorsed for towing

vessels.

* * * * *

17. Revise § 15.910 to read as follows:

§ 15.910 Towing vessels.

(a) No person may serve as master or

mate (pilot) of any towing vessel

without meeting the requirements of 46

CFR 15.805(a)(5) or 15.810(d),

respectively.

(b) Through May 21, 2006, the

exception granted by 46 CFR 15.610(b)

of this part applies to the manning of

towing vessels.

Dated: March 29, 2001.

R.C. North,

Assistant Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–10284 Filed 4–25–01; 8:45 am]

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