[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Proposed Rules]
[Pages 31332-31347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15346]




[[Page 31331]]


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Part V





Department of Transportation





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Coast Guard



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46 CFR Parts 10 and 15



Licensing and Manning for Officers of Towing Vessels; Proposed Rule

Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / 
Proposed Rules

[[Page 31332]]



DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 15

[CGD 94-055]
RIN 2115-AF23


Licensing and Manning for Officers of Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to revise the requirements for 
licensing those mariners that operate towing vessels, uninspected as 
well as inspected. This proposed rule would create new licenses with 
levels of qualification and with enhanced training and operating 
experience, including practical demonstrations of skill; further, it 
would ensure that all towing vessels are manned by officers holding 
licenses specifically authorizing their service. It is based on the 
investigation of an allision of a towing vessel and its barges with a 
railroad bridge, near Mobile, Alabama, in September 1993, which caused 
47 deaths.

DATES: Comments must be received on or before October 17, 1996.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) [CGD 94-055], 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. Comments on collection-of-information 
requirements must be mailed also to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street 
NW., Washington, DC 20503, Attn: Desk Officer, U.S. Coast Guard.
    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:
LCDR Don Darcy, Operating and Environmental Standards Division, (202) 
267-0221.

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 94-055] 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\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 proposal in view of the comments.
    A public meeting was held on April 4, 1994, at Coast Guard 
Headquarters. Afterwards, the Coast Guard received numerous letters 
from active mariners requesting a copy of this proposed rule and 
seeking an opportunity to comment. The Coast Guard reached each 
identifiable group and provided it an opportunity to forward comments 
to the docket. It will mail a copy of this rule to every interested 
party. Persons may request additional public meetings by writing to the 
Marine Safety Council at the address under addresses. The request 
should include the reasons why a public meeting would be beneficial. If 
it determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public meeting at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    This proposed rule is necessary as part of a comprehensive 
initiative by the Coast Guard to improve navigational safety for towing 
vessels. It follows a report directed by the Secretary of 
Transportation, entitled Review of Marine Safety Issues Related to 
Uninspected Towing Vessels (hereafter Review), which identified 
improvements in licensing, training, and qualifications of operators of 
uninspected towing vessels (OUTVs) that may be necessary to achieve 
this goal.
    The Secretary of Transportation initiated the Review after the 
collision, in September 1993, of a towing vessel and its barges with a 
railroad bridge near Mobile, Alabama (hereafter Amtrak casualty). This 
casualty was closely followed by several others involving towing 
vessels. Each emphasized the urgency of examining the rules for the 
licensing of all operators of towing vessels. In general, the Review 
and a previous study, also by the Coast Guard, entitled Licensing 2000 
and Beyond (hereafter Licensing 2000), concluded that the requirements 
for licensing all operators of towing vessels are outdated and need 
improvement.
    The Review examined marine-casualty statistics for towing vessels 
over a 12-year period (1980-1991). Of 12,971 marine casualties covered, 
at least 7,664, or around 60 percent, were directly attributable to 
personnel error. Over the last several years, more research has been 
conducted on the effects of human factors on marine casualties. Much of 
it concludes that improvements in the licensing, training, and 
qualifications of personnel might be accomplished to reduce the number 
of casualties.
    In all, the Review contained 19 recommendations, on licensing OUTVs 
and other matters, including reporting marine casualties and hazardous 
conditions; bridge-fendering systems and navigational lighting; 
adequacy of navigational equipment for uninspected towing vessels; and 
adequacy of the Aids to Navigation System for marking the approaches to 
bridges over navigable waterways.
    In response to the Review, on March 2, 1994, the Coast Guard 
published a notice of public meeting and availability of study (59 FR 
10031) that announced the availability of the Review, and scheduled a 
meeting to seek public comment on the recommendations made in it.
    The public meeting was held on April 4, 1994. It was well attended 
by the public, representing a wide range of towing interests. In 
response, the Coast Guard received a total of 23 written comments 
beyond free discussion at the meeting itself. These comments are 
summarized in the section entitled Discussion of Proposed Rule.
    The National Transportation Safety Board (NTSB) also conducted an 
investigation following the Amtrak casualty. The findings of the NTSB 
investigation identified one of the probable causes of the casualty as 
the Coast Guard's failure to establish higher standards for the 
licensing of inland operators of towing vessels. This proposed rule 
aims to update the licensing, training, and qualifications of personnel 
on towing vessels in order to reduce similar vessel casualties 
attributable to human factors. Specifically, it addresses (1) Levels of 
licenses; (2) restrictions of licenses by horsepower; (3) practical 
demonstrations of skills; and (4) responsibility of industry.
    In addition, this proposed rule has taken into account nine of the 
recommendations from the Review that

[[Page 31333]]

affect licensing: (1) The creation of levels of licenses; (2) a 
requirement of practical demonstration, by simulator or equivalent, for 
upgrade of license; (3) a requirement of practical demonstration, by 
simulator or equivalent, for increase in scope of license; (4) a 
requirement of practical demonstration, by simulator or equivalent, for 
renewal of license; (5) a limitation, to smaller vessels, of the 
license for second-class operator of uninspected towing vessels; (6) a 
requirement of experience on the Western rivers to receive an 
endorsement for them; (7) the assurance that any new license meets 
international standards; (8) provisions for crossover or equivalence 
for masters and mates of vessels of between 500 and 1,600 gross tons; 
and (9) emphasis on responsibility of owners of towing vessels to 
employ qualified, experienced personnel as operators in charge (or 
masters) of their vessels.
    This rulemaking arises largely from a cooperative effort between 
the Coast Guard and the towing industry. It reflects oral comments made 
at the public meeting held on April 4, 1994; written comments in 
response to this meeting; and written comments in response to the 
Review. Further, the Merchant Marine Personnel Advisory Committee 
(MERPAC) created a working group to generally address the towing-safety 
initiatives. The Coast Guard considered the Report of the MERPAC 
Working Group, dated June 10, 1994, even before the drafting of this 
proposed rule. Further still, the Towing Safety Advisory Committee 
(TSAC) created a working group to specifically address licensing 
issues. The Coast Guard also considered the Report of the TSAC Working 
Group on Licensing, dated December 5, 1994 (hereafter TSAC Report), 
during the drafting of this rule. The TSAC Report incorporates the 
results of numerous working-group meetings, independent research, and 
analysis of current industry practices.

International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978 (STCW)

    STCW sets qualifications for masters, officers, and watchkeeping 
personnel on seagoing merchant ships. It was adopted in 1978 and it 
entered into force in 1984. The U.S. became a party in 1991. STCW 
applies to mariners serving on board seagoing vessels (i.e., vessels, 
including towing vessels, that operate beyond the boundary line as 
defined in 46 CFR part 7). Therefore, in addition to the requirements 
set forth in this rulemaking, mariners serving on seagoing towing 
vessels must meet the training, certification and watchkeeping 
requirements in STCW.
    On July 7, 1995, a Conference of Parties to STCW adopted a 
comprehensive package of Amendments to STCW. The amendments will enter 
into force on February 1, 1997. They will affect virtually all phases 
of the system used in the U.S. to train, test, evaluate, license, 
certify, and document merchant mariners for service on seagoing 
vessels. On March 26, 1996, the Coast Guard published a notice of 
proposed rulemaking in the Federal Register [CGD 95-062] (61 FR 13284), 
concerning changes to the U.S. licensing and documentation system to 
conform to STCW as recently amended.

Discussion of Proposed Rule

    1. License for master, mate (pilot), or apprentice mate (steersman) 
of towing vessels. Licenses for operators of uninspected towing vessels 
and second-class operators of uninspected towing vessels would no 
longer be issued under this proposed rule. These two licenses would be 
replaced with a graduated series of masters' and mates' licenses 
limited to towing vessels in general. Holders of current licenses would 
be grandfathered into licenses commensurate with their experience. 
These new licenses would be issued at the time of routine renewal.
    The TSAC Report recommends a move to a series of licenses because 
of the increased requirements for licensing of other kinds since the 
inception of the OUTV license, along with increased requirements for 
reporting casualties and for radar training. With all of these 
increased requirements, and with broad acceptance of practical 
demonstrations that are now embodied in this proposed rule, TSAC 
concluded that OUTV licenses should be upgraded to licenses of 
officers: masters and mates by whatever names.
    Following the TSAC Report, concern was voiced on the part of many 
inland-towing companies and inland mariners alike that, through the 
history of the inland-towing industry, the term ``mate'' has never 
referred to a licensed officer. The term, in this industry, refers to 
the chief unlicensed deck person, while the term ``pilot'' refers to 
the licensed person that operates the vessel. To recognize and preserve 
regional features of the current inland system and reduce any undue 
confusion, this proposed rule would use a synonymous term, ``pilot of 
towing vessels''. The document identified by this term would be issued 
instead of another, called ``mate of towing vessels,'' for all inland 
routes. This term in no way implies either the taking or passing of the 
first-class pilotage examination or the associated level of 
proficiency; it merely reflects the historical application of titles in 
the inland industry. Likewise, the term ``apprentice mate'' would need 
to be further clarified by attaching ``steersman'' to it for the same 
reason. Therefore, this proposed rule would use another, synonymous 
term, ``steersman of towing vessels,'' for all inland routes.
    Nine written comments concurred with the scheme proposed here, as 
articulated by Recommendation (1) of the Review. No comments disagreed 
with a new licensing structure that included additional levels. Many 
comments indicated that the authority to operate towing vessels should 
be a restricted authority rather than a lesser-included, low-level 
authority, covered by a license for a master of between 200 and 1,600 
gross tons.
    Three active mariners, currently working on the inland routes as 
OUTVs, felt that the best way to achieve the desired level of safety 
would be to eliminate the OUTV license and require in its place a 
first-class pilot's license; three towing-industry managers stated that 
a requirement for this license would be too restrictive, and suggested 
that a master's license with a route restriction could provide the 
necessary operational flexibility for safe navigation. The Coast Guard 
acknowledges that many towing companies operate over large areas and 
might be constrained by a requirement that every master hold a first-
class pilot's license; however, the Coast Guard also recognizes that 
the highest level of a mariner's geographical knowledge would be 
achieved with a requirement for this license. The Coast Guard concludes 
that the addition of a practical demonstration of skill during 
evaluation along with an upgrade to master or mate (pilot) of towing 
vessels would effectively raise the safety level of towing without 
overburdening the industry or its mariners.
    The Coast Guard considered just adding levels to the existing OUTV 
license, for master of OUTV and mate of OUTV. The TSAC working group 
considered it, too. But the Coast Guard and TSAC generally agreed that 
a structure comprising a sequence of apprentice mate (or steersman), 
mate (or pilot), and master, and specifically limited to towing 
vessels, was more appropriate for consistency with the U.S. licensing 
program as a whole.
    The Coast Guard supports two parallel hierarchies of licenses, 
separated by horsepower, for the following reasons: (1) The two would 
create levels of licenses that did not exist with the OUTV license, 
providing

[[Page 31334]]

the less-experienced mariner, while qualified to stand the watch, the 
tutelage of a more experienced hand, a master; (2) the two would serve 
to signify the greater authority, and responsibility, of mariners in 
charge of towing vessels, deemed necessary because of the ever-
increasing size of flotillas moved on the inland routes every day and 
proved necessary by the Amtrak casualty; and (3) the two would provide 
continuity with licenses issued for Oceans and Great Lakes. 
Furthermore, a variation of the hierarchy for 3,000 horsepower or 
less--limited master, limited mate (pilot), and limited apprentice mate 
(steersman) licenses--would also be issued for routes restricted by the 
local Officer in Charge, Marine Inspection, instead of the current 
limited OUTV license.
    During the development of this possible change, some questions have 
arisen regarding the applicability of the two-watch system. The 
authority for issuance of licenses for masters and mates (pilots) of 
towing vessels would continue to be 46 U.S.C. 7101 and 8904. The latter 
statute does not prescribe the types of licenses suitable for 
uninspected towing vessels; it only states that a towing vessel must be 
operated by an individual licensed by the Secretary to operate that 
type of vessel in the particular geographic area, under prescribed 
rules. The Chief Counsel of the Coast Guard has already determined that 
any towing vessel under 200 gross tons, operating at sea under a 
license structure created pursuant to 46 U.S.C. 8904, is permitted to 
operate under a two-watch system. This issue receives some discussion 
in 46 CFR 15.705(d).
    In the past, every operator was responsible for the operation of 
the towing vessel during his or her watch. However, business practices 
dictated that one operator--the senior one, the OUTV--be designated as 
the captain, who could be held responsible to the company as a 
traditional master. Nevertheless, the office of the Chief 
Administrative Law Judge reports that, until the Amtrak casualty, the 
Coast Guard had not processed a case of suspension or revocation 
against the OUTV unless, when a casualty occurred, he or she was on 
watch. The Coast Guard concludes that the master's duties, and the 
overall responsibility associated with overseeing the safety of the 
vessel, are indivisible. Because a mariner in command of a towing 
vessel under 46 U.S.C. 8904 may not work (even voluntarily) for more 
than 12 hours in a consecutive 24-hour period except in an emergency, 
the Coast Guard invites comments to the docket on whether this work-
hour limit would place any practical difficulty on an individual who 
serves as a master or mate (pilot) on a towing vessel.
    The new licensing scheme would no longer treat towing as a lesser-
included activity allowed by a master's license. Under the proposed 
rule, every towing vessel would have to be under the command of a 
mariner licensed specifically for towing vessels. Any mariner with the 
proper training and skills, as verified through sea service, 
examination, and a practical demonstration of proficiency, could get 
appropriate endorsements added to his or her license.
    The proposed rule also introduces a new license: apprentice mate 
(steersman) of towing vessels. TSAC expressed concern that the current 
program of licensing technically allows a mariner who meets sea-time 
requirements and passes a written test to take control of a vessel that 
he or she may not possess the knowledge, expertise, or experience to 
operate. TSAC, therefore, strongly endorsed the concept of an 
apprentice mate (steersman). The purpose was to validate a mariner's 
competence before giving the mariner the authority to operate a towing 
vessel. Other considerations included the need to know the rules of the 
road before actually steering a towing vessel; the necessity under STCW 
to establish a procedure to document a trainee's progress in 
watchkeeping; and the need to set a time limit for completion of a 
training program. The Coast Guard agrees, and proposes a license for an 
``apprentice mate (steersman) of towing vessels''.
    On inland routes, to reduce confusion and maintain continuity with 
currently used terms, the term ``steersman'' would apply instead of the 
term ``apprentice mate''. These two terms would be synonymous, each 
restricted by route endorsement.
    The prerequisites for the license as apprentice mate (steersman) 
would comprise sea service; the successful completion of a Coast Guard 
examination; a physical exam; a drug test; and a character evaluation. 
Even with the license, however, the mariner would be authorized only to 
train in the wheelhouse under the continuous, direct supervision and 
observation of a mariner licensed as master or mate (pilot) of towing 
vessels.
    This rulemaking and several other recent ones have caused concern 
for the assistance-towing industry. Its vessels assist disabled vessels 
for consideration and are licensed under 46 U.S.C. 8904(b). Many of its 
vessels are greater than 8 meters (about 26 feet) in length and are 
around 500 horsepower. Although this proposed rule would not apply to 
vessels that engage solely in assistance towing, it would affect this 
industry because many vessels that engage in assistance towing also 
engage in commercial towing. The Coast Guard invites comment on whether 
this rule should apply to assistance-towing vessels of limited size and 
horsepower.
    2. Requirements for renewal of licenses. One of the recommendations 
from the Review suggested that applicants for renewals of OUTV licenses 
be required to demonstrate their skills on a simulator. The Coast Guard 
finds merit in requiring a demonstration of proficiency, but for 
reasons discussed later in this preamble it would not make the use of a 
simulator mandatory. Instead, this proposed rule would permit the 
following: (1) Completion of an approved course using either a 
simulator or a towing vessel to demonstrate operational skills 
associated with towing vessels before a designated examiner; and (2) 
check-ride with a designated examiner. Additionally, this rule would 
permit mariners to complete a refresher-training course on rules of the 
road in lieu of an examination.
    3. Horsepower as basis of authority. Current rules treat anyone 
licensed as an OUTV as qualified, with some restrictions, to operate 
all uninspected towing vessels. When they were developed, in 1969, 
several comments recommended limiting the license by gross tonnage or 
other suitable criterion. The Coast Guard did not adopt this 
recommendation then, because it was already limiting licenses for 
Oceans and coastwise routes by a criterion of 200 gross tons. It also 
determined then that gross tonnage was not an accurate measure of the 
overall capability of a towing vessel to move a tow. Current rules 
restrict OUTV licenses by route. Over 20 years later, the Coast Guard 
maintains that gross tonnage is not an accurate measure of the 
capability of a towing vessel.
    The Review recommended limiting the licenses of master and mate 
(pilot) of towing vessels by the most appropriate method, whether 
towing configuration, route, gross tonnage, or horsepower, Comments 
responding to this recommendation chose horsepower as the best single 
criterion for determining the capability of a towing vessel.
    The TSAC Report also identified horsepower as the best criterion 
for limiting licenses. This Report recommends 3,000 horsepower as a 
break point for issuing licenses: Master

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or mate (pilot) of towing vessels 3,000 horsepower or less, and master 
or mate (pilot) of towing vessels of unlimited horsepower. TSAC 
concluded that only tows of a certain size can be put on vessels of 
lower horsepower. Differing opinions arose among the full advisory 
committee following its working group's recommendation. Some held 3,000 
horsepower too high, some too low; while others felt that two break 
points were necessary. Nevertheless, the vast majority agreed that it 
was appropriate to limit licenses by horsepower. However, vessels 
operating beyond the boundary line would still need an STCW endorsement 
with tonnage of vessel, even though the license was based on 
horsepower. One comment noted that the average raft of barges bound 
down the Lower Mississippi River comprises 35 loaded barges and 
contains over 50,000 tons of cargo, and that the average of these tows 
is 245 feet wide and 1,200 feet long with a draft of 9 to 11 feet. This 
is longer and wider than any ship that sails the open sea--and a raft 
of barges bound up the river can be half again as long. While there is 
no precise correlation between horsepower and the number of barges 
towed, the Coast Guard recognizes the different skills, knowledge, and 
responsibility required to maneuver the larger vessels and more 
numerous barges when compared to the smaller vessels and less numerous 
barges. It has determined that a corresponding distinction is necessary 
in the licensing structure.
    The Coast Guard agrees that horsepower is the best single criterion 
for limiting licenses. It further agrees that a single break point, at 
3,000 horsepower, would effectively distinguish between the 
considerable skills, knowledge, and responsibility necessary to control 
typical tows and the extraordinary ones necessary to control gargantuan 
tows.
    The Coast Guard also recognizes the impact of choosing any 
particular level of horsepower for the break point. Many companies 
operate numerous towing vessels, of varying levels. Therefore, the 
choice of a level may divide mariners within a company. Within the 
documented towing fleet recorded in the Coast Guard's Marine Safety 
Information System (MSIS), about 20 percent of towing vessels are of 
3,000 horsepower or greater. Therefore, the choice of this level would 
require only about 20 percent of affected mariners to hold the 
endorsement for unlimited horsepower on their licenses.
    Following the TSAC Report, representatives of the harbor-towing 
industry expressed concern. Because of the specific nature of their 
operations, and relatively small range in the horsepower of their 
vessels, they worried that the disruption of operations due to a 
limitation of licenses by horsepower would outweigh the gains in 
safety. The primary reasoning was that most of their vessels are plus 
or minus 1,500 horsepower from the 3,000 horsepower; and that, 
therefore, no vastly different skills are necessary. The Coast Guard 
invites comment on whether a special harbor endorsement, free of 
limitation by horsepower, is appropriate.
    4. Routes. Under this proposed rule, towing vessel licenses would 
be issued on the following routes:
    a. Oceans.
    b. Near-coastal routes.
    c. Great Lakes and inland routes.
    d. Rivers.
    e. Western rivers.
    f. Restricted local area designated by the Officer in Charge, 
Marine Inspection (OCMI).
    The license of a master or mate (pilot) of towing vessels endorsed 
for Oceans would authorize service on Near-coastal routes, Great Lakes 
and inland routes, and Rivers upon 30 days of observation and training 
on each subordinate route. That of a master or mate (pilot) of towing 
vessels endorsed for Near-coastal routes would authorize service on 
Great Lakes and inland routes and Rivers upon 30 days of observation 
and training on each subordinate route.
    On the Western rivers, the method of towing, the aids to 
navigation, the operating methods, and the operating environment are 
unique. Qualification as a master or mate (pilot) of towing vessels 
even endorsed for Oceans, Near-coastal routes, Great Lakes and inland 
routes, and Rivers would not authorize operation on Western rivers. For 
this endorsement, 90 days of operation and training on a Western Rivers 
route would be required.
    For a route endorsement not included in his or her current 
endorsements, an applicant would have to pass an exam for the route and 
serve in the next lower grade for 90 days. After the 90 days of 
experience on the applied-for route, the lower-trade restriction would 
be removed. For example, an individual holding a license as master of 
towing vessels endorsed for rivers, applying for one as master of 
towing vessels endorsed for a near-coastal route would have to pass an 
exam for this route and submit evidence of 90 days of experience as a 
mate on this route. Upon completion of the required sea service, the 
applicant would have his or her license endorsed for this route. 
Specific comments regarding changes to route endorsements are 
requested.
    5. Demonstration of proficiency. With the exception of radar-
observer training and flashing-light communications, the Coast Guard 
uses the traditional knowledge-based examination. While this 
examination is a reliable, effective tool to evaluate a mariner's 
skills in navigation techniques, vessel management, safety precautions, 
stability calculations, hazardous-materials regulation, engineering 
theory, and similar subjects, it does not assess a mariner's actual 
proficiency in vessel maneuvering and safe navigation. This proposed 
rule would require a practical demonstration of proficiency for a 
mariner to obtain an original license as mate (pilot) of towing 
vessels. The Coast Guard concludes that a performance-based assessment 
would provide a truer measure of a mariner's skills.
    When establishing a performance-based assessment, one must keep two 
things in mind: First, the diversity of the towing industry; second, 
the methods necessary to evaluate a mariner's skills.
    The towing industry covers a lot of ground, in several senses. 
Fleeting tugs, ocean towers, harbor tugs, assistance towers, and line 
haulers all differ from one another in their displacements and power. 
Likewise, they differ from one another in their grades--from oceanic 
and coastwise trade, where a tug tows a small number of barges astern 
on a hawser, to trade on the rivers including the Western rivers, where 
a tug pushes a large number of barges ahead.
    The Coast Guard also recognizes that various, specialized vessel-
handling skills are necessary to maneuver various tows and that these 
are as important to evaluate as the traditional knowledge-based 
examination is to administer. It is for these reasons the Coast Guard 
is proposing a practical demonstration of proficiency.
    To assess a mariner's practical skills, the Coast Guard introduces 
the concept of a designated examiner: A towing-vessel expert who will 
provide verification of an apprentice mate's (steersman's) proficiency 
in vessel-handling and related safety issues.
    To help designated examiners in their duty, all apprentice mates 
(steersmen) would have to keep training- and assessment-record books. 
These books would specify the training required to reach the necessary 
standard of competence for a license as mate (pilot) of towing vessels. 
A training- and assessment-record book must provide certain basic 
information including an indication, by means of the initials or 
signature of a clearly identified, designated examiner, that the 
candidate

[[Page 31336]]

has established, through practical demonstrations, that he or she is 
competent in each of the subjects of knowledge, understanding, and 
proficiency. Mariners desiring towing-vessel endorsements on their 
masters' or mates' licenses would also have to complete these books.
    Again, given the diversity in the towing industry, the training- 
and assessment-record book would have to be a flexible tool. While this 
preamble mentions a model training- and assessment-record book, towing 
companies would be free to conform their books to the contours of their 
vessels' operations. In all cases, the companies' variants would have 
to satisfy, for the applicable routes, the minimum standards provided 
in the model. The books would be freestanding documents and, 
ultimately, the responsibility of the individual mariners to maintain. 
After review of them, the designated examiners would conduct final 
assessments of specific skills.
    Three of the recommendations in the Review suggested that 
simulators should become a mandatory method of assessing an 
individual's competence, for an original license, a renewal of license, 
and a change in scope of license. Four comments, three of whose writers 
hailed from the oceanic and coastal towing industry, agreed that 
simulators should become a mandatory method. Fourteen comments, in 
dissent from these recommendations and comments, opposed simulators' 
becoming a mandatory method for towing vessels. Primary arguments 
included the limited application of simulators for shallow-draft, 
close-quarters maneuvering; their lack of availability; and their costs 
as an undue hardship. (All of these comments, however, agreed that some 
form of practical demonstration of proficiency would be beneficial in 
assessing mariners' competence.) MERPAC similarly concluded that 
simulators were not a feasible method of assessment to require at this 
time.
    The TSAC Report recommends that the Coast Guard continue to 
research the application of simulators. TSAC recognizes that simulators 
are excellent tools and offer the possibility of practical 
demonstrations of proficiency once the problems of performance 
standards, availability, and cost are resolved.
    While the Coast Guard sees great merit in the use of simulators, it 
acknowledges the same three problems. Accordingly, this proposed rule 
would make the use of simulators, in the assessment of competence, 
optional.
    This proposed rule would allow three alternative methods for 
assessment of a mariner's practical skill. The alternative methods are 
(1) Completion of an approved training course with assessment by 
simulator; (2) completion of an approved training course with 
assessment by check-ride on a towing vessel, which may be part of a 
company's training program; and (3) assessment by check-ride on a 
towing vessel, with a designated examiner. An element common to all 
would be the mariner's having to complete a training- and assessment-
record book that includes a demonstration of proficiency before a 
designated examiner.
    6. Training. Licensing 2000 recommended increased emphasis on 
approved courses, and other, more formalized methods of training, 
rather than ``seatime,'' as the principal guarantor of competency. Both 
MERPAC and TSAC have endorsed this recommendation. The TSAC Report 
recommends that every applicant for the license as mate (pilot) of 
towing vessels complete an approved training program that covers (a) 
Classroom instruction in shipboard management, seamanship, navigation, 
radar, meteorology, maneuvering and handling vessels, engine basics, 
preventing and fighting fires, emergency procedures, and lifesaving and 
environmental regulations; and (b) demonstration of proficiency on 
board a towing vessel.
    The Coast Guard concurs with the recommendation of the TSAC Report 
and has included in this proposed rule a provision for a training 
course. This would involve classroom instruction and practical 
demonstration of proficiency either on board a towing vessel or at a 
shoreside training facility (i.e., on a simulator). Many towing 
companies currently have in place model training programs that employ 
practical, ``hands-on'' assessment of competence and classroom 
training. These programs have proved highly effective and are in 
keeping with current international and domestic initiatives that 
encourage mariners to complete either training programs or courses. 
Nevertheless, to be consistent with requirements for other masters' and 
mates' licenses, this rule would not make completion of an approved 
course mandatory. Instead, under this rule a mariner could complete an 
approved training course or demonstrate his or her skills before a 
designated examiner to satisfy the requirement for practical 
demonstration of skills for the license as mate (pilot) of towing 
vessels. The Coast Guard invites comment on whether (a) this training 
should be made mandatory for all applicants; (b) the training should be 
completed at the level of apprentice mate (steersman) since mariners 
must pass the examination at that level and since this training may 
also help prepare them for the examination; and (c) applicants should 
receive credit equivalent to sea service for completing the training 
and, if so, how much.
    7. Examination. The written examination previously required for the 
license as OUTV would continue to be available for that as apprentice 
mate (steersman): Its topics, outlined in Table 10.910-2, appear 
sufficient for that as apprentice mate (steersman), without substantial 
changes.
    However, an examination or some refresher training on rules of the 
road would be necessary for every renewal of a license. TSAC endorsed 
this concept, agreeing that refresher training on rules of the road 
might prevent some casualties and help improve the overall proficiency 
of mariners in charge of all vessels. Specific comment is requested on 
how this proposed rule can better define examination and refresher 
training on rules of the road.
    8. Designated examiner. As defined in this proposed rule, a 
designated examiner is an individual trained or instructed in 
assessment techniques and otherwise qualified to evaluate whether a 
candidate for a license, document, or endorsement has achieved the 
level of competency necessary to hold the license, document, or 
endorsement. This individual may be personally designated by the Coast 
Guard, or be designated within the context of an approved program of 
training or assessment approved by the Coast Guard.
    The Coast Guard is working with MERPAC and TSAC to identify 
criteria for certifying designated examiners. The MERPAC working groups 
engaged in these efforts have settled on a concept under which the 
Coast Guard would individually certify designated examiners who meet 
the following criteria: ``(a) have attained a level of qualification at 
least equivalent to the qualifications for which the assessment is 
being conducted; (b) have at least 2 years of operational experience in 
a capacity corresponding to the level of qualification concerned; and 
(c) understand and implement assessment techniques and evaluation 
processes established by the U.S. Coast Guard.'' Meanwhile, TSAC 
proposed similar criteria, but recommended specific training in 
assessment techniques and evaluation processes and either one written 
recommendation from a towing company attesting the applicant's 
qualification to serve as designated examiner or three letters of

[[Page 31337]]

recommendation from masters of towing vessels.
    The Coast Guard invites comment concerning (a) its involvement in 
individually certifying designated examiners and (b) the specific 
assessment and instruction training techniques necessary for those who 
assess candidates for towing vessel licenses or endorsements.
    9. Approved training other than approved courses. The Coast Guard 
is including in this proposed rule and in that in CGD 95-062 (61 FR 
13284; March 26, 1996), on STCW, an alternative to its current course-
approval system. Proposed new Sec. 10.309 rests on the principle of 
self-certification with minimal Coast Guard oversight based on 
acceptance by the Coast Guard of certain materials and procedures to 
maintain standards. In other words, completion certificates issued by 
training programs that meet the conditions stated in that section could 
be accepted as proof of passage of the ``approved training course.''
    This could be done by a process like that used to credit ``approved 
seagoing service'' after the fact, on sufficient documentary proof. If 
the Coast Guard learned that the conditions set out in new Sec. 10.309 
were not being met by a particular training program, it would not 
accept certificates of completion of the program as proof of completion 
of the necessary training itself. The conditions for conducting 
approved training other than approved courses are set out in new 
Sec. 10.309.
    The Coast Guard welcomes comment on this alternative approach, 
particularly with respect to its own involvement in overseeing and 
maintaining standards through a Coast-Guard-acceptance procedure.
    10. Responsibility of towing vessel owners and operators. One of 
the recommendations in the Review stated that the Coast Guard should 
emphasize the responsibility of towing-vessel owners to employ only 
qualified, experienced personnel as operators in charge or masters of 
their vessels. Five comments agreed with this, and none opposed it.
    The Coast Guard concludes that towing companies have taken on this 
responsibility in the past, given the front-end qualifications for 
licensing. Many companies have already demonstrated their commitment to 
safety by training and evaluating their employees. Under this proposed 
rule, they would share greater responsibility for mariners' training 
and qualifications by establishing approved training courses, by 
recommending designated examiners, and in overseeing the completion of 
mariners' training- and assessment-record books. This increase in 
responsibility also is consistent with Licensing 2000 and with the TSAC 
Report, both of which urge increased responsibility, and 
accountability, by companies for the competence and quality of 
mariners.

Summary of Proposed Changes

45 CFR Part 10--Licensing of Maritime Personnel

    1. In general, throughout this part the terms ``operator of 
uninspected towing vessels'' and ``second-class operators of 
uninspected towing vessels'' would be replaced by ``master of towing 
vessels'' and ``mate (pilot) of towing vessels''. Furthermore, a 
license and title of ``apprentice mate (steersman '' would be added as 
the first step toward a license as master or mate (pilot) of towing 
vessels.
    2. The authority citation for part 10 would be revised by adding 14 
U.S.C. 633 and 46 U.S.C. 2110, 7109, 7302, 7505, and 7701.
    3. Section 10.103 would be revised by adding definitions of the 
following: apprentice mate (steerman) of towing vessels; approved 
training; Coast-Guard-accepted; designated examiner; pilot of towing 
vessels; practical demonstration; qualified instructor; standard of 
competence; and steersman of towing vessels.
    4. Section 10.201(f)(2) would be revised by requiring that an 
apprentice mate (steersman) of towing vessels be at least 18 years of 
old.
    5. Section 10.209(c)(6) would be added and would require each 
applicant for renewal of a license as master or mate (pilot) of towing 
vessels to submit satisfactory evidence both of practical demonstration 
of skills before a designated examiner or completion of an approved 
course and of rules-of-the-road examination or refresher training.
    6. Section 10.304(e) would be added to require the completion of a 
training- and assessment-record book, for a license as mate (pilot) of 
towing vessels.
    7. Section 10.309 would be added to provide an alternative to the 
course-approval system in Sec. 10.302. The training would have to be 
set out in a Coast-Guard-accepted written syllabus showing the subjects 
covered, the classroom time required, and the qualifications of the 
instructors. Simulators could be used in this training if they met 
applicable performance standards and were used by an instructor with 
appropriate guidance in instructional techniques involving their use.
    8. In Sec. 10.403, Figure 10.403 would be revised by adding the 
proposed hierarchy of licenses for towing vessels under 200 gross tons.
    9. Sections 10.412(a), 10.414(a), and 10.420 would be revised by 
removing the words ``operator of uninspected towing vessels,''.
    10. Section 10.418(b) would be revised to require 1 year of service 
as master or mate (pilot) of towing vessels on Oceans or Near-coastal 
routes to be eligible for a license as master of Ocean or Near-coastal 
steam or motor vessels of not more than 500 gross tons.
    11. Section 10.446(b) would be revised by increasing the service 
requirement to be eligible for a license as master of Great Lakes and 
inland steam or motor vessels of not more than 500 gross tons from 6 
months to 1 year of service as master of towing vessels.
    12. Section 10.463 would be added to explain (a) the hierarchy of 
licenses for masters and mates (pilots) of towing vessels and (b) route 
endorsements. The Coast Guard proposes issuing licenses as master and 
mate (pilot) of towing vessels in two categories: unlimited horsepower 
and 3,000 horsepower or less. Towing vessel licenses are, and will 
continue to be, endorsed for Oceans and Near-coastal routes by the 
gross tonnage of the towing vessels on which the experience was 
acquired. Other route endorsements without limits of gross tonnage are, 
and will continue to be, Great Lakes and inland routes, Rivers, Western 
rivers, and Restricted local areas designated by Officers in Charge, 
Marine Inspection.
    13. Section 10.464 would be revised to explain the proposed 
requirements for masters of towing vessels, including training and 
service. For a license as master of towing vessels, regardless of 
horsepower, the requirement would normally be 4 years of total service.
    Section 10.464 would also explain requirements for a master of 
self-propelled vessels of greater than 200 gross tons to get a towing-
vessel endorsement: pass a written examination on towing; obtain 30 
days of training and observation on towing vessels on the route for 
which the endorsement is requested (this endorsement would be 
restricted to the horsepower of the service presented); complete a 
Coast-Guard-accepted training- and assessment-record book; and present 
satisfactory evidence of successful completion of a practical 
demonstration before a designated examiner.
    14. Section 10.465 would be added to explain the proposed 
requirements for mates (pilots) of towing vessels, including required 
training and service. For a license as mate (pilot) of towing vessels, 
regardless of horsepower, the

[[Page 31338]]

requirement would normally be 30 months of total service. This section 
would also describe proposed requirements for completion of a training- 
and assessment-record book and for a practical demonstration of 
proficiency before a designated examiner.
    Section 10.465 would also explain requirements for a mate of self-
propelled vessels of greater than 200 gross tons to get a towing-vessel 
endorsement: pass a written examination on towing; obtain 30 days of 
training and observation on towing vessels on the route for which the 
endorsement is requested (this endorsement would be restricted to the 
horsepower of the service presented); complete a Coast-Guard-accepted 
training- and assessment-record book; and present satisfactory evidence 
of successful completion of a practical demonstration before a 
designated examiner.
    15. Section 10.466 would be redesignated as Sec. 10.467, and a new 
Sec. 10.466 would be added to explain the requirements for apprentice 
mate (steersman) of towing vessels including the following: he or she 
would have to prove 18 months of service on deck, 12 months of this on 
towing vessels; and he or she would have to pass an examination.
    16. For an added endorsement of route on any of these licenses, an 
applicant holding any of these licenses would have to prove 3 months of 
experience on towing vessels, in the next lower grade, on the route 
requested.
    17. Section 10.482(a) would be revised to explain the requirements 
to qualify for an endorsement authorizing an applicant to engage in 
assistance towing. The endorsement would apply to all licenses except 
those for master and mate (pilot) of towing vessels and those 
authorizing service on inspected vessels over 200 gross tons. Holders 
of any of these licenses could engage in assistance towing within the 
scope of the licenses and without the endorsement.
    18. In Sec. 10.903, paragraphs (a)(18) and (b)(4) would be revised 
to show that the licenses for apprentice mate (steersman) of towing 
vessels would require examinations and that the licenses for master or 
mate (pilot) of towing vessels (endorsed for the same route) would not.

46 CFR Part 15--Manning Requirements

    19. The authority citation for part 15 would be revised to add 46 
U.S.C. 2103, 8101, 8502, 8901, 8902, 8903, 8904, and 9102 and 50 U.S.C. 
198.
    20. Section 15.301(b)(6) would be removed because the terms master 
and mate (pilot) appear in paragraphs (1) and (2).
    21. Section 15.610 would be revised by requiring every towing 
vessel at least 8 meters (about 26 feet) in length to be under the 
direction and control of a person licensed as master or mate (pilot) of 
towing vessels or as master or mate of appropriate gross tonnage 
holding an endorsement of his or her license for towing vessels.
    22. Section 15.805(a)(5) would be added to require that every 
towing vessel of 8 meters (about 26 feet) or more in length must be 
under the command of an individual holding an appropriate license as 
master.
    23. In Sec. 15.810, a new paragraph (d) would require that the 
person in charge of the navigation or maneuvering of a towing vessel of 
8 meters (about 26 feet) or more in length shall hold either a license 
authorizing service as mate (pilot) of towing vessels--or, on inland 
routes; as pilot of towing vessels--or a license as master of 
appropriate gross tonnage endorsed for towing vessels.
    24. Section 15.910(a) would be revised to require that ``No person 
may serve as master or mate (pilot) of any towing vessel of 8 meters 
(about 26 feet) or more in length unless he or she holds a license 
explicitly authorizing such service.''

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 the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    Benefits: The report directed by the Secretary of Transportation, 
Review of Marine Safety Issues Related to Uninspected Towing Vessels, 
directly attributed 7,664 vessel casualties, including that involving 
the MORRIS J. BERMAN, to personnel error. The Coast Guard affirms that, 
of that 60 percent of towing-vessel casualties, the dominant categories 
of human error were management, operator status, knowledge, and 
decision-making, which are all relevant to this proposal.
    The training required by this proposal has the potential to 
significantly decrease the number of fatalities and injuries in the 
towing industry. If this proposal causes a reduction in the number of 
fatalities by 37 in 1997, 29 in 1998, 23 in 1999, 13 in 2000, 10 in 
2001, and 8 in 2002, the benefits will exceed the costs. The complex 
cumulative effect of human error makes it difficult to quantify the 
exact benefits of the proposal. One way to reduce the risks associated 
with human error in operating towing vessels is to ensure that mariners 
maintain the highest practicable standards of training, certification, 
and competence. The proposal is intended to accrue benefits from a 
reduction of towing vessel accidents and injuries through an increased 
awareness of safe towing practices.
    Costs: There are about 5,400 documented towing vessels in the 
United States. The impact on the people now operating these vessels 
would be low because holders of current licenses would be grandfathered 
into licenses commensurate with their experience. Because these new 
licenses would be issued at the time of routine renewal, there would be 
no new users' fees for them. This proposed rule, however, would result 
in increased fees for new entrants into the industry. They would now 
have to obtain several intermediate licenses to reach the license with 
the broadest operating authority, paying a separate fee for each 
license. As of December 1, 1993, there were 12,019 licensed OUTVs. From 
1989 to 1993, an average of 473 new licenses as OUTVs were issued 
annually, and an average 1,931 licenses as OUTVs were renewed annually.
    The probable costs in user's fees for an entrant into the towing 
industry are as follows:
    1. The license for an apprentice would be issued at the current 
user's fees for a license as an OUTV. These fees are as follows:


Evaluation fee...............................................     $65.00
Examination fee..............................................      80.00
Issuance fee.................................................      35.00
                                                              ----------
      Total..................................................     180.00
                                                                        

    Note: Because these fees are part of the current user's fees, 
none would represent ``new money''.

    2. Now, the holder of a license as an OUTV pays these fees once and 
pays no others. If the hierarchy of licenses as masters or mates 
(pilot) of towing vessels were adopted, the mariner would pay 
evaluation and issuance fees for each successive license. These fees 
are as follows:


[[Page 31339]]



License Fee (evaluation and issuance)...................         $100.00
Multiplied by the additional levels of licensing........             x 2
    Total added cost for each licensed master...........         $200.00
                                                                        
New licenses issued each year...........................             473
Towing-vessel endorsements on other licenses (estimated)             +47
                                                         ---------------
    Total mariners affected each year...................             520
                                                                        
    Total added costs for each licensed master..........         $200.00
    Multiplied by the total masters affected each year..           x 520
                                                         ---------------
    Maximum additional cost for new applicants..........     $104,000.00
                                                                        

    Note: These costs would be incurred over a minimum of 3\1/2\ 
years.

    The actual figure should be far less than this maximum additional 
cost because not all masters and mates (pilots) would rise through all 
levels. Further, the issuance of new licenses may supersede renewal 
fees.
    The Coast Guard would not increase the user's fee for its 
evaluation of a mariner's demonstrations of proficiency. It would, 
however, incur and pass along costs for demonstrations of proficiency. 
It expects that these costs would be shared by the mariner and the 
employer.
    There are three, alternative methods of demonstrating proficiency; 
they and their costs appear as follows:
    (1) Completion of an approved training course using a simulator to 
demonstrate proficiency. Around 5 percent of the towing industry 
currently uses simulators to test proficiency. The Coast Guard 
estimates that an additional 5 percent might elect this method as a 
result of this rulemaking. The latter number might grow as simulators 
become more readily available. The following calculations represent the 
estimated prevalence of the use of simulators to demonstrate 
proficiency and the estimated costs of that use:


          Prevalence of simulators to demonstrate proficiency           
                                                                        
New licenses issued each year...........................             520
Multiplied by the percentage of new applicants using                    
 simulators.............................................      (5%) x .05
                                                         ---------------
    New licenses based on simulator proficiency.........              26
                                                                        
          Cost of use of simulator to demonstrate proficiency           
                                                                        
Estimated cost of one-week simulator course.............       $5,000.00
Multiplied by the number of students....................            x 26
                                                         ---------------
    Total costs each year...............................     $130,000.00
                                                                        

    (2) Completion of an approved training course using a towing vessel 
to demonstrate proficiency. The Coast Guard estimates that 65 percent, 
or 338 of the 520 mariners who obtain towing licenses annually, would 
use this option. An estimated 70 percent of towing companies already 
have formal training courses available for their deck officers. With 
this in mind, the Coast Guard estimates that 70 percent of the 338 
mariners, or 237 mariners, would be trained by company programs already 
in place. Therefore, approximately 101 mariners would attend a course 
offered by a maritime training facility not associated with a company. 
The new costs associated with this option would be paid by the mariner 
if he or she did not have access to a towing company's in-house course.


 Estimated numbers using completion of a training course to demonstrate 
                               proficiency                              
                                                                        
New licenses issued each year..............................          520
Minus those based on using simulators (and check-rides,                 
 below)....................................................         -182
New licenses based on using training course................          338
Multiplied by percentage of individuals not covered by                  
 company training programs.................................  (30%) x .30
New licenses based on training courses excluding existing               
 company programs..........................................          101
                                                                        
          Estimated total annual cost of new training courses           
                                                                        
Cost for each new applicant................................       $5,000
Multiplied by number of students...........................        x 101
                                                            ------------
      Total costs each year................................     $505,000
                                                                        

    (3) Check-ride with a designated examiner. A survey by TSAC 
suggests that about 30 percent of towing companies would use this 
method. These costs, including hiring a designated examiner for a final 
check-ride, would most likely be shared by the mariner and the 
employer:


     Estimated numbers using check-rides to demonstrate proficiency     
                                                                        
New licenses issued each year...........................             520
Multiplied by the percent of new applicants using check-                
 rides..................................................     (30%) x .30
New licenses based on using check-rides.................             156
                                                                        
                  Estimated costs of using check-rides                  
                                                                        
Wage of towing operator (for 12-hour day)...............         $350.00
Wage of same operator (for 1 hour)......................          $30.00
Multiplied by duration of check-ride (in hours).........             x 5
Cost for each check-ride................................         $150.00
                                                                        

[[Page 31340]]

                                                                        
            Estimated total annual costs of using check-rides           
                                                                        
Cost for each check-ride................................         $150.00
Multipled by the number of new licenses based on using                  
 check-rides............................................           x 156
                                                         ---------------
      Total cost each year..............................      $23,400.00
                                                                        



    Estimated numbers of operators applying for endorsement as 
designated examiner.
    A common cost included in all three methods of demonstrating 
proficiency is the cost of training the designated examiner in 
assessment technique.
    The Coast Guard estimates that 5 percent of the current operators 
of towing vessels would apply for the endorsement as designated 
examiner. The following calculations demonstrate estimated costs of 
training designated examiners in examination techniques:


    Cost of operators applying for endorsement as designated examiner   
                                                                        
Total number of operators of towing vessels as of April                 
 1996......................................................       12,895
Multiplied by the percentage of operators applying for                  
 endorsement as designated examiner........................   (5%) x .05
Total number of designated examiners                                 645
Cost of training in examination techniques.................       x $250
                                                            ------------
      Total cost of training designated examiners..........     $161,250
                                                                        

    Estimated cost of refresher training on rules of the road for 
renewal of license.
    The costs assume that all licensed masters and mates complete 
refresher training on rules of the road, instead of Coast Guard 
examination, for renewal of their license.


Total number of operators of towing vessels as of April                 
 1996......................................................       12,895
Divided by number of years in cycle of renewal.............    <divide>5
Number of renewals each year...............................        2,579
Multiplied by the estimated cost of refresher training.....       x $150
                                                            ------------
      Total annual cost of refresher training..............     $386,850
                                                                        
        Estimated annual costs of this rulemaking are as follows:       
                                                                        
Users' fees................................................     $104,000
Approved training course using a simulator.................      130,000
Approved training course using a towing vessel.............       505,00
Check-rides with designated examiner.......................       23,400
Designated examiners' training.............................      161,250
Refresher training.........................................      386,850
                                                            ------------
      Annual new costs for rulemaking......................    1,310,500
                                                                        

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, would 
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 fields and (2) governmental jurisdictions 
with populations of less than 50,000.
    This proposed rule would place its primary economic burden on the 
mariners, not on their employers--who may, though they need not, assume 
responsibility for this burden. The Coast Guard expects that, of the 
employers who would assume this responsibility, few if any would be 
small entities. 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 it qualifies and in what way and to what 
degree this proposed rule would economically affect it.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the 
Office of Management and Budget (OMB) reviews each proposed rule that 
contains a collection-of-information requirement to determine whether 
the practical value of the information is worth the burden imposed by 
its collection. Collection-of-information requirements comprise 
reporting, recordkeeping, notification, and other, similar 
requirements.
    This proposed rule contains collection-of-information requirements 
in Secs. 10.304, 10.309, 10.463, 10.464, and 10.465. The following 
particulars apply:
    DOT No.: 2115.
    OMB Control No.: 2115 AF23.
    Administration: U.S. Coast Guard.
    Title: Licensing and Manning for Officers of Towing Vessels.
    Need For Information: This proposed rule would require every 
mariner who seeks an original license as mate (pilot) of towing vessels 
or an endorsement for towing vessels to have a training- and 
assessment-record book. It may also require a report on a final check-
ride before a designated examiner. These recordkeeping requirements are 
largely consistent with good commercial practices to the end of good 
seamanship for safe navigation. The following is a section-by-section 
justification of them:
    Proposed Sec. 10.304(e) would require each applicant for a license 
as mate (pilot) of towing vessels, and each master or mate of self-
propelled vessels of greater than 200 gross tons seeking an endorsement 
for towing vessels, to complete a training- and assessment-record book.
    Proposed Secs. 10.309 (a)(10) and (b) would, respectively, require 
those monitoring the training under this section to communicate their 
conclusions to the Coast Guard within 1 month of the completion of the

[[Page 31341]]

monitoring and require those providing the training to submit a 
certificate to the Coast Guard once a year.
    Proposed Sec. 10.463(h) would require a company to maintain 
evidence that every vessel it operates is under the direction and 
control of a licensed mariner with appropriate experience, including 30 
days of observation and training on the intended route. This could be 
accomplished with copies of current licenses and voyage records that 
most companies already keep.
    Proposed Sec. 10.464(d)(2) would require masters of vessels of 
greater than 200 GT to maintain training- and assessment-record books 
for license endorsements as master of towing vessels. Collection of 
this information is necessary to ensure that the mariner has completed 
the series of qualification for licensing.
    Proposed Sec. 10.465(d)(2) would require mates of vessels of 
greater than 200 GT to maintain a training- and assessment-record books 
for license endorsements as mate (pilot) of towing vessels. Collection 
of this information is necessary to ensure that the mariner has 
completed the series of qualification for licensing.
    Proposed Secs. 10.465(a)(2), (b)(2), (c)(2) and (d)(2) would 
require a final check-ride before a designated examiner. They would 
then require the applicant to submit his or her completed training- and 
assessment-record book to the Coast Guard Regional Examination Center. 
Collection of this information is necessary because it would raise the 
safety of towing by upgrading the evaluation process.
    Proposed use of Information: This information would warrant the 
mariner qualified to hold a license for the service in which he or she 
would engage.
    Frequency of Response: Evidence of qualification for an original 
license as mate (pilot) of towing vessels under proposed Sec. 10.465 
would accumulate periodically during an 18-month period. Final check-
ride before a designated examiner under proposed Secs. 10.465(a)(2), 
(b)(2), (c)(2), and (d)(2) would entail a one-time record after the 
mariner's training- and assessment-record book had been completed.
    Burden Estimate: 1,590 hours.
    Respondents: 1,060 mariners of towing vessels.
    Average Burden Hours Per Respondent: 1.5 hours.
    The Coast Guard has submitted the requirements to OMB for review 
under section 3507 of the Paperwork Reduction Act. Persons submitting 
comments on the requirements should submit their comments both to OMB 
and to the Coast Guard where indicated under addresses.

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

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 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 ``Categorical Exclusion Determination'' is available in the 
docket for inspection or copying where indicated under ADDRESSES.

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 set out in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 10 and 15 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. Revise the authority citation for part 10 to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
2110, 7101, 7106, 7107, 7109, 7302, 7505, 7701; 49 CFR 1.45 and 
1.46. Section 10.107 is also issued under the authority of 44 U.S.C. 
3507.

    2. To Sec. 10.103, add definitions, in alphabetical order, to read 
as follows:


Sec. 10.103  Definitions of terms used in this part.

    Apprentice mate (steersman) of towing vessels means a mariner 
qualified to perform watchkeeping on the bridge while in training under 
the direct supervision of a licensed master, mate, or pilot of towing 
vessels.
    Approved training means training that is approved by the Coast 
Guard or meets the requirements of Sec. 10.309.
* * * * *
    Coast-Guard-accepted means that the Coast Guard has acknowledged in 
writing that the material or process at issue meets the applicable 
requirements; that the Coast Guard has issued an official policy 
statement listing or describing the material or process as meeting the 
applicable requirements; or that an entity acting on behalf of the 
Coast Guard under a Memorandum of Agreement has determined that the 
material or process meets the applicable requirements.
* * * * *
    Designated Examiner means an individual who has been trained or 
instructed in techniques of training or assessment and is otherwise 
qualified to evaluate whether a candidate for a license, document, or 
endorsement has achieved the level of competence required to hold the 
license, document, or endorsement. This individual may be designated by 
the Coast Guard or by a Coast-Guard-approved program of training or 
assessment.
* * * * *
    Pilot of towing vessels means a qualified officer of towing vessels 
operating exclusively on inland routes.
    Practical demonstration means the performance of an activity under 
the direct observation of a designated examiner for the purpose of 
establishing that the performer is sufficiently proficient in a 
practical skill to meet a specified standard of competence or other 
objective criterion.
    Qualified instructor means an individual who has been trained or 
instructed in instructional techniques and is otherwise qualified to 
provide required training to candidates for licenses, documents, and 
endorsements.
* * * * *
    Standard of competence means the level of proficiency to be 
achieved for the proper performance of duties aboard a vessel in 
accordance with any applicable national and international criteria.
    Steersman of towing vessels means a mariner qualified to perform 
watchkeeping on the bridge, aboard a towing vessel operating 
exclusively on inland routes, while in training under the direct 
supervision of a licensed master, mate, or pilot of towing vessels.
* * * * *


Sec. 10.201  [Amended]

    3. In Sec. 10.201, in paragraph (f)(1), remove the words ``second-
class operator of uninspected towing vessel'' and add, in their place, 
the words ``mate (pilot) of towing vessels (19 years)''; and, in 
paragraph (f)(2), remove the words ``designated duty engineer of

[[Page 31342]]

vessels of not more than 1,000 horsepower, may be granted to an 
applicant who has reached the age of 18 years.'' and add, in their 
place, the words ``designated duty engineer of vessels of not more than 
1,000 horsepower, or apprentice mate (steersman) of towing vessels, may 
be granted to an applicant, otherwise qualified, who has reached the 
age of 18 years.''


Sec. 10.203  [Amended]

    4. In Sec. 10.203, in Table 10.203, remove the word ``Uninspected'' 
from before the words ``towing vessels'' and capitalize the first 
letter in the word ``towing'' in column one; and remove the words 
``Operator: 21; 2/c operator: 19.'' from the license category just 
amended to read ``Towing vessels'' in column two (minimum age) and add, 
in their place, the words ``Master of towing vessels: 21; mate (pilot) 
of towing vessels: 19; apprentice mate (steersman): 18''.


Sec. 10.205  [Amended]

    5. In Sec. 10.205, in paragraph (f)(1), remove the words ``operator 
of uninspected towing vessels'' and add, in their place, the words 
``master or mate (pilot) of towing vessels''; and, in paragraph (g)(3), 
remove the words ``All operators of uninspected towing vessels, oceans 
(domestic trade)'' and add, in their place, the words ``All licenses 
for master or mate (pilot), except apprentice mate (steersman), for 
towing vessels on Oceans''.
    6. In Sec. 10.209, revise paragraph (c)(1) introductory text and 
add paragraph (c)(6) to read as follows:


Sec. 10.209  Requirements for renewal of licenses and certificates of 
registry.

* * * * *
    (c) * * *
    (1) Except as provided in paragraph (c)(6) of this section, to 
renew a license as master, mate, engineer, pilot, or operator, the 
applicant shall--
* * * * *
    (6) An applicant for renewal of a license as master or mate (pilot) 
of towing vessels shall submit satisfactory evidence, predating the 
application by not more than 1 year, of satisfying the requirements of 
paragraph (c)(1) (i) or (ii), or those of paragraph (c)(1)(iv) except 
the exercise; and
    (i) Either completing a practical demonstration of maneuvering and 
handling a towing vessel before a designated examiner or completing an 
approved course; and
    (ii) Either passing a rules-of-the-road examination or completing a 
refresher-training course.
* * * * *
    7. In Sec. 10.304, revise the heading and add paragraph (e) to read 
as follows:


Sec. 10.304  Substitution of training for required service, and use of 
training- and assessment-record books.

* * * * *
    (e) Each applicant for a license as mate (pilot) of towing vessels, 
and each master or mate of self-propelled vessels of greater than 200 
gross tons seeking an endorsement for towing vessels, shall complete a 
training- and assessment-record book that contains at least the 
following:
    (1) Identification of the candidate, including full name, home 
address, photograph or photo-image, and personal signature.
    (2) Objectives of the training and assessment.
    (3) Tasks to be performed or skills to be demonstrated.
    (4) Criteria to be used in determining that the tasks or skills 
have been performed properly.
    (5) Places for a qualified instructor to indicate by his or her 
initials that the candidate has received training in the proper 
performance of the tasks or skills.
    (6) A place for a qualified examiner to indicate by his or her 
initials that the candidate has successfully completed a practical 
demonstration and has proved competent in the task or skill under the 
criteria.
    (7) Identification of each qualified instructor by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast Guard license or document held, and personal signature.
    (8) Identification of each designated examiner by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast Guard license or document held, and personal signature 
confirming that his or her initials certify that he or she has 
witnessed the practical demonstration of a particular task or skill by 
the candidate.
    8. Add section 10.309 to read as follows:


Sec. 10.309  Approved training other than approved courses.

    (a) When the training and assessment of competence required by this 
part are not subject to Sec. 10.302 and are not being used to 
substitute for seagoing service, they may meet the following 
requirements:
    (1) The training and assessment must have written, clearly defined 
objectives that emphasize specific knowledge, skills, and abilities, 
and include criteria to use in establishing a candidate's successful 
achievement of the objectives.
    (2) The training must be set out in a written syllabus that 
conforms to a Coast-Guard-accepted outline for such training and 
includes--
    (i) The sequence of subjects to be covered;
    (ii) The number of classroom hours in the presence of a qualified 
instructor to be spent on each subject;
    (iii) The identity and professional qualifications of each 
instructor conducting the training;
    (iv) The identification of other media or facilities to be used in 
conducting the training; and
    (v) Measurements at appropriate intervals of each candidate's 
progress toward acquisition of the specific knowledge, skills, and 
abilities stated in the objectives.
    (3) Except as provided in paragraphs (a) (4) and (5) of this 
section, documentary evidence must be readily available to establish 
that all instructors--
    (i) Have experience, training, or instruction in effective 
instructional techniques;
    (ii) Are qualified in the task for which the training is being 
conducted; and
    (iii) Hold the level of license, endorsement, or other professional 
credential required of those who would apply, on board a vessel, the 
relevant level of knowledge, abilities, and skills described in the 
training objectives.
    (4) Neither a specialist in a particular field of non-maritime 
education, such as mathematics or first aid, nor an individual with at 
least 3 years of service as a member of the Armed Forces of the United 
States specializing in the field in which he or she is to conduct 
training, need hold a maritime license or document to conduct training 
in that field.
    (5) A simulator may be used in training if--
    (i) The simulator meets applicable performance standards;
    (ii) The instructor has gained practical operational experience on 
the particular type of simulator being used; and
    (iii) The instructor employing the simulator has received 
appropriate guidance in instructional techniques involving the use of 
simulators.
    (6) Essential equipment and instructional materials must afford all 
candidates adequate opportunity to participate in exercises and acquire 
practice in performing required skills.
    (7) A process of routinely assessing the effectiveness of the 
instructors,

[[Page 31343]]

including the use of confidential evaluations by candidates, must be in 
place.
    (8) Records of candidates' performance must be maintained for at 
least 1 year.
    (9) To ensure that the training is meeting its objectives, and the 
requirements of paragraph (a) of this section, its offeror shall 
monitor it at suitable intervals in accordance with a Coast-Guard-
accepted quality-standards system, which must include the following 
features:
    (i) Those monitoring the training shall be persons knowledgeable 
about the subjects being monitored and about the national and 
international requirements that apply to the training, and shall not 
themselves be involved in the training.
    (ii) Those monitoring the training shall enjoy convenient access to 
all appropriate documents and facilities, and opportunities both to 
observe all appropriate activities and to conduct confidential 
interviews when necessary.
    (iii) Arrangements must be such as to ensure that persons 
monitoring the training are not penalized or rewarded, directly or 
indirectly, by the sponsor of the training for making any particular 
observations or for reaching any particular conclusions.
    (10) Those monitoring the training shall communicate their 
conclusions to the Coast Guard within 1 month of the completion of the 
monitoring.
    (11) Those providing the training shall let the Coast Guard observe 
the training and review documents relative to paragraphs (a) (1) 
through (10) of this section.
    (b) The Coast Guard will maintain a list of training each of whose 
providers annually submits a certificate, signed by the provider or its 
authorized representative, stating that the training fully complies 
with requirements of this section. Training on this list will 
presumptively constitute the training necessary for licenses and STCW 
endorsements under this part. The Coast Guard will update this list 
periodically and make it available to members of the public on request.
    (c) If the Coast Guard determines, on the basis of observations or 
conclusions either of its own or by those monitoring the training, that 
particular training does not satisfy one or more of the conditions 
described in paragraph (a) of this section--
    (1) The Coast Guard will notify the provider of the training by 
letter enclosing a report of the observations and conclusions;
    (2) The provider will have a specified period to appeal the 
conclusions to the appropriate official at Coast Guard Headquarters, or 
to bring the training into compliance; and
    (3) If the appeal is denied--or the deficiency is not corrected in 
the allotted time, or within any additional period held by the Coast 
Guard, considering progress toward compliance, to be appropriate--the 
Coast Guard will remove the training from the list referred to in 
paragraph (b) of this section until it can verify full compliance; and 
it may deny applications, based in whole or in part, on training not on 
the list until additional training or assessment is documented.
    9. In Sec. 10.403, revise Figure 10.403 to read as follows:


Sec. 10.403  Deck license structure.

* * * * *

BILLING CODE 4910-14-M

[[Page 31344]]

[GRAPHIC] [TIFF OMITTED] TP19JN96.007


BILLING CODE 4910-14-C


[[Page 31345]]




Sec. 10.412   [Amended]

    10. In Sec. 10.412(a), remove the words ``operator of uninspected 
towing vessels,''.


Sec. 10.414   [Amended]

    11. In Sec. 10.414(a), remove the words ``operator of uninspected 
towing vessels,''.
    12. In Sec. 10.418, revise the heading and paragraph (b) to read as 
follows:


Sec. 10.418   Service for master of Ocean or Near-coastal steam or 
motor vessels of not more than 500 gross tons.

* * * * *
    (b) The holder of a license as master or mate (pilot) of towing 
vessels authorizing service on Oceans or Near-coastal routes is 
eligible for a license as master of Ocean or Near-coastal steam or 
motor vessels of not more than 500 gross tons after both 1 year of 
service as master or mate of towing vessels on Oceans or Near-coastal 
routes and completion of a limited examination.


Sec. 10.420   [Amended]

    13. In Sec. 10.410, remove the words ``operator of uninspected 
towing vessels,''.


Sec. 10.424   [Amended]

    14. In Sec. 10.424(a)(2), remove the words ``operator or second-
class operator of ocean or near coastal uninspected towing vessels'' 
and add, in their place, the words ``master or mate of Ocean or Near-
coastal towing vessels''.
    15. in Sec. 10.426, revise the heading and paragraph (a)(2) to read 
as follows:


Sec. 10.426   Service for master of Near-coastal steam or motor vessel 
of not more than 200 gross tons.

    (a) * * *
    (2) One year of total service as master of mate of towing vessels 
on Oceans or Near-coastal routes. Completion of a limited examination 
is also required.
* * * * *


Sec. 10.442   [Amended]

    16. In Sec. 10.442, paragraphs (a) and (b), remove the words 
``operator of uninspected towing vessels'' and add, in their place, the 
words ``master or mate (pilot) of towing vessels''.
    17. In Sec. 10.446, revise the heading and paragraph (b) to read as 
follows:


Sec. 10.446   Service for master of Great Lakes and inland steam or 
motor vessels of not more than 500 gross tons.

* * * * *
    (b) the holder of a license as master or mate (pilot) of towing 
vessels is eligible for this license after completion of both 1 year of 
service as master or mate (pilot) of towing vessels and a limited 
examination.


Sec. 10.452   [Amended]

    18. In Sec. 10.452(a), remove the words ``operator or second-class 
operator of uninspected towing vessels'' and add, in their place, the 
words ``master or mate (pilot) of towing vessels''.


Sec. 10.462   [Amended]

    19. In Sec. 10.462(c), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.
    20. Add section 10.463 to read as follows:


Sec. 10.463   General requirements for licenses for master, mate 
(pilot), and apprentice mate (steersman) of towing vessels.

    (a) The Coast Guard issues licenses as master and mate (pilot) of 
towing vessels in the following categories:
    (1) Unlimited horsepower.
    (2) 3,000 horsepower or less.
    (b) The Coast Guard restricts licenses as master and mate (pilot) 
of towing vessels for Oceans and Near-coastal routes by the gross 
tonnage of the towing vessels on which the experience was acquired--by 
200, 500, and 1,600 gross tons in accordance with Secs. 10.414, 10,418, 
and 10.412, respectively.
    (c) The Coast Guard endorses licenses as master and mate (pilot) of 
towing vessels for one or more of the following routes:
    (1) Oceans.
    (2) Near-coastal routes.
    (3) Great Lakes and inland routes.
    (4) Rivers.
    (5) Western rivers.
    (6) Restricted local areas designated by Officers in Charge Marine 
Inspection.
    (d) A license as master or mate of towing vessels endorsed for 
Oceans authorizes service on Oceans, Near-coastal routes, Great Lakes 
and inland routes, and Rivers except Western rivers upon completion of 
30 days of observation and training on each subordinate route.
    (e) A license as master or mate (pilot) of towing vessels endorsed 
for Near-coastal routes authorizes service on Near-coastal routes, 
Great Lakes and inland routes, and Rivers except Western rivers upon 
completion of 30 days of observation and training on each subordinate 
route.
    (f) A license as master or mate (pilot) of towing vessels endorsed 
for Great Lakes and inland routes authorizes service on Great Lakes and 
inland routes and Rivers except Western rivers upon completion of 30 
days of observation and training on the subordinate route.
    (g) Before serving as master or mate (pilot) of towing vessels on 
Western rivers, the licensed mariner shall possess 90 days of 
observation and training and have his or her license endorsed for 
Western rivers.
    (h) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a licensed mariner with 
appropriate experience, including 30 days of observation and training 
on the intended route.
    (i) For all inland routes, the license as pilot of towing vessels 
replaces that as mate of towing vessels. All qualifications and 
equivalencies are the same.
    (j) For all inland routes, the license as steersman replaces that 
as apprentice mate. All qualifications and equivalencies are the same.
    21. Revise section 10.464 to read as follows:


Sec. 10.464   Licenses for masters of towing vessels.

    (a) For a license as master of towing vessels of unlimited 
horsepower, an applicant shall--
    (1) Have 48 months of total service including--
    (i) Eighteen months of service on deck of a towing vessel of 8 
meters (about 26 feet) or over in length while holding a license as 
mate (pilot) of towing vessels unlimited;
    (ii) Twelve months of the 18 months, as mate (pilot) of towing 
vessels of greater than 3,000 horsepower; and
    (iii) Three months of the 18 months on the particular route for 
which application is made; or
    (2) Have 12 months of service as mate (pilot) of towing vessels of 
unlimited horsepower while holding a license as master of towing 
vessels of 3,000 horsepower or less including 3 months of service on 
the particular route for which application is made.
    (b) For a license as master of towing vessels of 3,000 horsepower 
or less, an applicant shall--
    (1) Have 48 months of total service including--
    (i) Eighteen months of service on deck of a towing vessel of 8 
meters (about 26 feet) or over in length while holding a license as 
mate (pilot) of towing vessels;
    (ii) Twelve months of the 18 months, as mate (pilot) of towing 
vessels of 3,000 horsepower or less; and
    (iii) Three months of the 18 months on the particular route for 
which application is made; or
    (2) Have 12 months of service as mate (pilot) of towing vessels of 
3,000 horsepower or less while holding a license as limited master of 
towing

[[Page 31346]]

vessels including 3 months of service on the particular route for which 
application is made.
    (c) For a license as master of towing vessels of 3,000 horsepower 
or less endorsed for a restricted local area, an applicant shall have 
36 months of total service including--
    (1) Twelve months of service on deck of a towing vessel of 8 meters 
(about 26 feet) or over in length as limited mate (pilot) of towing 
vessels; and
    (2) Three months of service on the particular route for which 
application is made.
    (d) The holder of a license as master of self-propelled vessels of 
greater than 200 gross tons may obtain an endorsement for towing 
vessels (restricted to the horsepower of the service presented) if he 
or she--
    (1) Has 30 days of training and observation on towing vessels on 
each of the routes for which the endorsement is requested;
    (2) Submits evidence of assessment of practical demonstration of 
skills, in the form of a training- and assessment-record book, 
described in Sec. 10.304(e); and
    (3) Passes an examination.
    (e) The holder of a license as master of towing vessels may have 
that license endorsed as mate (pilot) for a route not included in the 
current endorsements on which he or she has no operating experience 
after passing an examination for that route. Upon completion of 90 days 
of experience on that route, he or she may have the mate (pilot) 
restriction removed.
    22. Add section 10.465 to read as follows:


Sec. 10.465  Licenses for mates (pilots) of towing vessels.

    (a) For a license as mate (pilot) of towing vessels of unlimited 
horsepower, an applicant shall--
    (1) Have 30 months of total service including--
    (i) Twelve months of service on deck of a towing vessel of 8 meters 
(about 26 feet) or over in length while holding a license as apprentice 
mate (steersman);
    (ii) Twelve months of the 30 months on towing vessels of greater 
than 3,000 horsepower; and
    (iii) Three months of the 12 months on the particular route for 
which application is made;
    (2) Submit either--
    (i) A certificate of completion from a Coast-Guard-approved course 
as specified in paragraph (f) of this section; or
    (ii) Evidence of assessment of practical demonstration of skills, 
in the form of a training- and assessment-record book in accordance 
with Sec. 10.304(e); or
    (3) Have 30 days of service observing and training on towing 
vessels of greater than 3,000 horsepower while holding a license as 
master of towing vessels of 3,000 horsepower or less and pass a partial 
examination.
    (b) For a license as mate (pilot) of towing vessels of 3,000 
horsepower or less, an applicant shall--
    (1) Have 30 months of total service including--
    (i) Twelve months of service on deck of a towing vessel of 8 meters 
(about 26 feet) or over in length while holding a license as apprentice 
mate (steersman) of towing vessels; and
    (ii) Three months of the 12 months on the particular route for 
which application is made;
    (2) Submit either--
    (i) A certificate of completion from a Coast-Guard-approved course 
as specified in paragraph (f) of this section; or
    (ii) Evidence of assessment of practical demonstration of skills, 
in the form of a training- and assessment-record book in accordance 
with Sec. 10.304(e); or
    (3) Have 30 days of service observing and training on towing 
vessels while holding a license as limited master of towing vessels of 
3,000 horsepower or less and pass a partial examination.
    (c) For a license as mate (pilot) of towing vessels of 3,000 
horsepower or less endorsed for a restricted local area, an applicant 
shall--
    (1) Have 24 months of total service including 6 months of service 
on deck of a towing vessel of 8 meters (about 26 feet) or over in 
length as limited apprentice mate (steersman) of towing vessels; and
    (2) Submit either--
    (i) A certificate of completion from a Coast-Guard-approved course 
as specified in paragraph (f) of this section; or
    (ii) Evidence of assessment of practical demonstration of skills, 
in the form of a training- and assessment-record book in accordance 
with Sec. 10.304(e);
    (d) The holder of a license as mate of self-propelled vessels of 
greater than 200 gross tons may obtain an endorsement for towing 
vessels (restricted to the horsepower of the service presented) if he 
or she--
    (1) Has 30 days of training and observation on towing vessels on 
each route for which the endorsement is requested;
    (2) Submits evidence of assessment of practical demonstration of 
skills, in the form of a training- and assessment-record book in 
accordance with Sec. 10.304(e); and
    (3) Passes an examination.
    (e) The holder of a license as mate (pilot) of towing vessels may 
have that license endorsed as apprentice mate (steersman) for a route 
not included in the current endorsements on which he or she has no 
operating experience after passing an examination for that route. Upon 
completion of 3 months of experience in that route, he or she may have 
the apprentice mate (steersman) restriction removed.
    (f) An approved training course for mate (pilot) of towing vessels 
must include formal instruction and practical demonstration of 
proficiency either on board a towing vessel or at a shoreside training 
facility before a designated examiner, and must cover--
    (1) Shipboard management and training;
    (2) Seamanship;
    (3) Navigation;
    (4) Watchkeeping;
    (5) Radar;
    (6) Meteorology;
    (7) Maneuvering and handling of towing vessels;
    (8) Engine-room basics; and
    (9) Emergency procedures.
    23. Redesignate section 10.466 as Sec. 10.467 and add a new 
Sec. 10.466 to read as follows:


Sec. 10.466  Service for apprentice mate (steersman) of towing vessels.

    (a) For a license as apprentice mate (steersman) of towing vessels, 
an applicant shall--
    (1) Have 18 months of service on deck including 12 months on towing 
vessels;
    (2) Pass the examination specified in subpart I of this part; and
    (3) Have 3 months of the 18 months on the particular route for 
which application is made.
    (b) For a license as limited apprentice mate (steersman) of towing 
vessels, an applicant shall--
    (1) Have 18 months of service on deck including 12 months on towing 
vessels;
    (2) Pass a limited examination; and
    (3) Have 3 months of the 18 months on the particular route for 
which application is made.
    (c) The holder of a license as apprentice mate (steersman) of 
towing vessels may have that license endorsed as limited apprentice 
mate (steersman) for a route not included in the current endorsements 
on which he or she has no operating experience, upon passing an 
examination for that route. Upon completion of 3 months of experience 
in that route, he or she may have the limited apprentice mate 
(steersman) restriction removed.

[[Page 31347]]

    24. In Sec. 10.482, revise paragraph (a) to read as follows:


Sec. 10.482   Assistance towing.

    (a) This section contains the requirements to qualify for an 
endorsement authorizing an applicant to engage in assistance towing. 
The endorsement applies to all licenses except those for master and 
mate (pilot) of towing vessels and those authorizing service on 
inspected vessels over 200 gross tons. Holders of any of these licenses 
may engage in assistance towing within the scope of the licenses and 
without the endorsement.
* * * * *


Sec. 10.701   [Amended]

    25. In Sec. 10.701(a), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.


Sec. 10.703   [Amended]

    26. In Sec. 10.703(a) introductory text, remove the words 
``operator of uninspected towing vessels'' and add, in their place, the 
words ``master or mate (pilot) of towing vessels''.


Sec. 10.901  [Amended]

    27. In Sec. 10.901(b)(1), remove the words ``uninspected towing 
vessels'' and add, in their place, the words ``master or mate (pilot) 
of towing vessels''.
    28. In Sec. 10.903, revise paragraphs (a)(18) and (b)(4) to read as 
follows:


Sec. 10.903  Licenses requiring examinations.

    (a) * * *
    (18) Apprentice mate (steersman) of towing vessels;
* * * * *
    (b) * * *
    (4) Master or mate (pilot) of towing vessels (endorsed for the same 
route).
    29. In Sec. 10.910, amend the introductory language to Table 
10.910-1 by revising paragraphs 10 through 12 to read as follows:


Sec. 10.910   Subjects for deck incenses.

* * * * *
    10. Apprentice mate, towing vessels, Oceans (domestic trade) and 
Near-coastal routes.
    11. Apprentice mate (steersman), towing vessels, Great Lakes and 
inland routes.
    12. Steersman, towing vessels, Western rivers.
* * * * *

PART 15--MANNING REQUIREMENTS

    30. Revise the authority citation for part 15 to read as follows:

    Authority: 46 U.S.C. 2103, 3703, 8101, 8502, 8901, 8902, 8903, 
8904, 9102; 50 U.S.C. 198; and 49 CFR 1.46.


Sec. 15.301   [Amended]

    31. In Sec. 15.301(b), remove paragraph (6); and redesignate 
paragraphs (7) through (10) as paragraphs (6) through (9).
    32. Revise section 15.610 to read as follows:


Sec. 15.610   Masters and mates (pilots) of towing vessels.

    Every towing vessel at least 8 meters (about 26 feet) in length 
measured from end to end over the deck (excluding sheer), except a 
vessel described by the next sentence, 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 appropriate gross tonnage holding an 
endorsement of his or her license for towing vessels. This does not 
apply to any vessel engaged in assistance towing or any vessel of less 
than 200 gross tons engaged in the offshore mineral and oil industry if 
the vessel has sites or equipment of that industry as its place of 
departure or ultimate destination.


Sec. 15.705   [Amended]

    33. In Sec. 15.705(d), remove the words ``individual operating an 
uninspected towing vessel'' and add, in their place, the words ``master 
or mate (pilot) operating a towing vessel''; and remove the words 
``individuals serving as operators of uninspected towing vessels'' and 
add, in their place, the words ``masters or mates (pilots) serving as 
operators of towing vessels''.
    34. In Sec. 15.805, add paragraph (a)(5) to read as follows:


Sec. 15.805   Master.

    (a) * * *
    (5) Every towing vessel of 8 meters (about 26 feet) or more in 
length.
* * * * *
    35. In Sec. 15.810, redesignate paragraphs (d) and (e) as (e) and 
(f); and add a new paragraph (d) to read as follows:


Sec. 15.810   Mates.

* * * * *
    (d) A person in charge of the navigation or maneuvering of a towing 
vessel of 8 meters (about 26 feet) or more in length shall hold either 
a license authorizing service as mate of towing vessels--or, on inland 
routes, as pilot of towing vessels--or a license as master of 
appropriate gross tonnage or horsepower, according to the routes, 
endorsed for towing vessels.
* * * * *
    36. Revise section 15.910 to read as follows:


Sec. 15.910   Towing vessels.

    No person may serve as master or mate (pilot) of any towing vessel 
of 8 meters (about 26 feet) or more in length unless he or she holds a 
license explicitly authorizing such service.

    Dated: June 11, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental 
Protection.
[FR Doc. 96-15346 Filed 6-18-96; 8:45 am]
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