[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Proposed Rules]
[Pages 10053-10056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4406]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 12

[CGD 94-029]
RIN 2115-AE94


Modernization of Examination Methods

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the rules that require Coast 
Guard-administered written examinations for merchant marine license and 
unlicensed rating applicants to remove references to ``written'' 
examinations and to broaden the scope of those authorized to perform 
the testing of applicants. These changes reflect the Coast Guard's 
efforts to develop alternative media testing and the use of private and 
public sector testing services for examination of these applicants. The 
development of more effective and modernized testing of applicants for 
merchant marine licenses and unlicensed ratings will enhance the safety 
of the maritime environment.

DATES: Comments must be received on or before May 24, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 94-029), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Spears, Jr., Project 
Manager, Office of Marine Safety, Security, and Environmental 
Protection (G-MVP-3), (202) 267-0224.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 94-029) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8 by 11 inches, suitable for copying and 
electronic filing. Persons wanting acknowledgment of receipt of 
comments should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans 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 will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Robert S. Spears, Jr., Project Manager, Office of Marine Safety, 
Security, and Environmental Protection, and Ms. Helen Boutrous, Project 
Counsel, Office of Chief Counsel.

Background and Purpose

    Currently, Coast Guard regulations require that applicants for 
merchant [[Page 10054]] marine licenses and unlicensed ratings pass 
written examinations. During the latter part of 1993, the Coast Guard 
conducted focus group meetings and discussions which addressed the 
future of Coast Guard licensing. Specifically, the group looked at ways 
to improve and modernize merchant mariner examinations. Although the 
focus group was composed entirely of military and civilian Coast Guard 
members, maritime industry representatives are participating in the 
implementation of focus group report recommendations.
    The ``Licensing 2000 and Beyond'' Focus Group Report (November, 
1993), a copy of which is available in the public docket for this 
rulemaking [94-029] where indicated under ADDRESSES above, recommends 
that the Coast Guard's Marine Licensing Program adopt new methods of 
verifying competency, including practical demonstrations and the use of 
simulators. Practical demonstrations and simulators would provide more 
effective means of testing the skills of the applicants by requiring 
proper actions and reactions during real-time, real-world scenarios. 
Electronic methods of examination are employed by private and public 
sector organizations. There is increasing use of ``Third or Fourth 
Party'' testing systems that maximize the significant benefits new 
technology offers. The Focus Group Report defined a ``Third Party'' as 
one who trains or teaches the mariner, and a ``Fourth Party'' as 
someone, other than the Coast Guard or a Third Party trainer, who 
administers a test or makes a subjective judgement about the competency 
of an individual applicant. The Coast Guard is exploring the 
possibility of implementing electronic testing methods and the use of 
``Third-'' or ``Fourth-Party'' testing services.
    However, 46 CFR 10.205, 10.207, 10.901, 12.05-9, 12.10-5, 12.15-9, 
and 12.20-5, specify that applicants pass written (or oral) 
examinations. Because the Coast Guard is considering the use of other 
proven methods of proficiency testing which could significantly improve 
a very critical aspect of the Coast Guard's qualification system, this 
final rule removes the word ``written'' from the regulations governing 
merchant marine examinations and makes minor revisions to reflect the 
possible use of private and public sector testing services.
    By a later notice in the Federal Register, the Coast Guard will 
provide results of its efforts to modernize the examinations and will 
describe the new examination methods before they are implemented.

Discussion of Proposed Rules

    This NPRM proposes to remove the word ``written'' from the 
regulations pertaining to Coast Guard administered examinations for 
merchant marine license and raise of grade of license applicants (46 
CFR 10.205(i)(1), 10.207(d)(1), 10.217(a)(1),(2), and 10.901(a)), and 
for unlicensed rating applicants (46 CFR 12.05-9(a) and (b), 12.10-5(a) 
and (b), 12.15-9(a) and (c), and 12.20-5). Also, minor revisions are 
proposed which would allow the Coast Guard Officer in Charge, Marine 
Inspection (OCMI) to authorize the testing of applicants through use of 
private and public sector testing services. These revisions reflect the 
Coast Guard's efforts to develop more modern, efficient, and effective 
examination methods.
    Sections 12.05-9(b), 12.10-5(a), 12.15-9(a), and 12.20-5 regarding 
examinations for able seaman, lifeboatman, qualified member of the 
engine department and tankerman, respectively, continue to require that 
the examinations be conducted in the English language. This requirement 
continues to be necessary to ensure that personnel in these critical 
positions will sufficiently understand orders that could come under the 
stress of an emergency situation. The ability to understand orders 
under such conditions could make the critical difference in life-
threatening situations.

Regulatory Evaluation

    This proposal 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 no economic impact from 
this rule, and a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The revisions 
made reflect the Coast Guard's efforts to improve and modernize 
examination methods for mariners. The revisions would result in no 
additional costs to the industry.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. This proposal would place no 
additional costs on the public. Because it expects the impact of this 
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

    This proposal contains no new collection-of-information 
requirements under the Paperwork Reduction Act [44 U.S.C. 3501 et 
seq.].

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that it 
does not have sufficient implications for federalism to warrant the 
preparation of a Federalism Assessment. The authority to develop and 
administer examinations for merchant marine license and document 
applicants has been committed to the Coast Guard by Federal statutes. 
The Coast Guard does not expect this proposal to raise any preemption 
issues, however, the Coast Guard does intend to preempt State and local 
actions on the same subject matter.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. The proposal is an administrative 
matter within the meaning of paragraph 2.B.2.l. of Commandant 
Instruction M16475.1B that clearly has no environmental impact.

List of Subjects

46 CFR Part 10

    Reporting and recordkeeping requirements, schools, Seamen.

46 CFR Part 12

    Reporting and recordkeeping requirements, Seamen.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 10 and 12 as follows: [[Page 10055]] 

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. 2103, 7101, 7106, 7107; 49 
CFR 1.45, 1.46; Sec. 10.107 also issued under the authority of 44 
U.S.C. 3507.

    2. In Sec. 10.205, paragraph (i)(1) is revised to read as follows:


Sec. 10.205  Requirements for original licenses and certificates of 
registry.

* * * * *
    (i) Professional Examination. (1) When the applicant's experience 
and training are found to be satisfactory and the applicant is eligible 
in all other respects, the OCMI authorizes the examination of the 
applicant in accordance with the following requirements:
    (i) Applicants for deck or engineer licenses limited to vessels not 
exceeding 500 gross tons, and licenses limited to uninspected fishing 
industry vessels, may request an oral-assisted examination in lieu of 
any written or otherwise textual examination(s). If there are textual 
questions these applicants have difficulty reading and understanding, 
the oral-assisted examination shall be offered. Any license based on 
oral-assisted examination is limited to the specific route and type of 
vessel upon which the majority of service was obtained.
    (ii) The instructions for administration of examinations and the 
lists of subjects for all licenses are contained in subpart I of this 
part. A record indicating the subjects covered is placed in the 
applicant's license file.
* * * * *
    3. In Sec. 10.207, paragraph (d)(1) is revised to read as follows:


Sec. 10.207  Requirements for raise of grade of license.

* * * * *
    (d) Professional Examination. (1) When an applicant's experience 
and training for raise of grade are found to be satisfactory and he or 
she is eligible in all other respects, the OCMI authorizes the 
examination of the applicant. Oral-assisted examinations may be 
administered in accordance with Sec. 10.205(i)(1). A record indicating 
the subjects covered is placed in the applicant's license file. The 
general instructions and list of subjects are contained in subpart I of 
this part.
* * * * *
    4. In Sec. 10.217, the second sentences of paragraphs (a)(1) and 
(a)(2) are revised to read as follows:


Sec. 10.217  Examination procedures and denial of licenses.

    (a)(1) * * * For a Coast Guard administered examination, the 
examination fee set out in Sec. 10.109 must be paid prior to taking the 
first examination section. * * *
    (2) * * * For a Coast Guard administered examination, the 
examination fee set out in Sec. 10.109 must be paid prior to taking the 
first examination section. * * *
* * * * *
    5. In Sec. 10.901, paragraph (a) is revised to read as follows:


Sec. 10.901  General provisions.

    (a) An applicant for any license listed in this part must pass 
examinations on the appropriate subjects listed in this subpart, except 
as noted in Sec. 10.903(b).
* * * * *

PART 12--CERTIFICATION OF SEAMEN

    6. The authority citation for part 12 continues to read as follows:

    Authority: 31 U.S.C. 9701, 46 U.S.C. 2103, 2110, 7301, 7302; 49 
CFR 1.46.

    7. In Sec. 12.05-9, paragraph (a) and the introductory language of 
paragraph (b) are revised to read as follows:


Sec. 12.05-9  Examination and demonstration of ability.

    (a) Before an applicant is certified as able seaman, he or she 
shall prove to the satisfaction of the Coast Guard by oral or other 
means of examination and by actual demonstration, his or her knowledge 
of seamanship and the ability to carry out effectively all the duties 
that may be required of an able seaman, including those of a 
lifeboatman. The applicant shall demonstrate that he or she--
    (1) Has been trained in all the operations connected with the 
launching of lifeboats and liferafts, and the use of oars and sails;
    (2) Is acquainted with the practical handling of boats; and
    (3) Is capable of taking command of the boat's crew.
    (b) The examination, whether administered orally or by other means, 
shall be conducted only in the English language and shall consist of 
questions regarding:
* * * * *
    8. In Sec. 12.10-5, paragraph (a) and the introductory language of 
paragraph (b) are revised to read as follows:


Sec. 12.10-5  Examination and demonstration of ability.

    (a) Before a lifeboatman's certificate may be granted, he or she 
shall prove to the satisfaction of the Coast Guard by oral or other 
means of examination and by actual demonstration, his or her knowledge 
of seamanship and the ability to carry out effectively all the duties 
that may be required of an able seaman, including those of a 
lifeboatman. The applicant will demonstrate that he or she--
    (1) Has been trained in all the operations connected with the 
launching of lifeboats and liferafts, and the use of oars and sails;
    (2) Is acquainted with the practical handling of boats; and
    (3) Is capable of taking command of the boat's crew.
    (b) The examination, whether administered orally or by other means, 
shall be conducted only in the English language and shall consist of 
questions regarding:
* * * * *
    9. In Sec. 12.15-9, the first sentence of paragraph (a), and 
paragraph (c) are revised to read as follows:


Sec. 12.15-9  Examination requirements.

    (a) An applicant for certification as a qualified member of the 
engine department in the ratings of oiler, watertender, fireman, deck 
engineer, refrigeration engineer, junior engineer, electrician, and 
machinist shall be examined orally or by other means and only in the 
English language on the subjects listed in paragraph (b) of this 
section. * * *
* * * * *
    (c) An applicant for certification as a qualified member of the 
engine department in the ratings of pumpman shall, by oral or other 
examination, demonstrate sufficient knowledge of the subjects peculiar 
to that rating to satisfy the Officer in Charge, Marine Inspection, 
that he or she is qualified to perform the duties of that rating.
* * * * *
    10. In Sec. 12.20-5, the first sentence is revised to read as 
follows:


Sec. 12.20-5  Examination requirements.

    Any applicant for certification as tankerman must prove to the 
satisfaction of the Coast Guard by oral or other examination conducted 
only in the English language that he or she is familiar with the 
general arrangement of cargo tanks, suction and discharge pipelines and 
valves, cargo pumps and cargo hose, and has been properly trained in 
the actual operation of cargo pumps, all other operations connected 
with the loading and discharging of cargo, and the use of fire-
extinguishing equipment. * * *

    [[Page 10056]] Dated: February 16, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security 
and Environmental Protection.
[FR Doc. 95-4406 Filed 2-22-95; 8:45 am]
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