31332 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

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 81⁄2 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 marinecasualty 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
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 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 towingsafety 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 secondclass 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 inlandtowing 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 lesserincluded, 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
31334 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

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 refreshertraining 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
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31335

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, Nearcoastal 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, hazardousmaterials 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 performancebased assessment would provide a truer

measure of a mariner’s skills.

When establishing a performancebased 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 knowledgebased 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 towingvessel expert who will provide

verification of an apprentice mate’s

(steersman’s) proficiency in vesselhandling 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
31336 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

has established, through practical

demonstrations, that he or she is

competent in each of the subjects of

knowledge, understanding, and

proficiency. Mariners desiring towingvessel 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, closequarters 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 trainingand 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
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 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 courseapproval system. Proposed new § 10.309

rests on the principle of selfcertification 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 § 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 § 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 CoastGuard-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-Guardaccepted; 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-theroad examination or refresher training.

6. Section 10.304(e) would be added

to require the completion of a trainingand 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 courseapproval system in § 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 § 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 selfpropelled 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
31338 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

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 selfpropelled 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 § 10.467, and a new

§ 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 § 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 § 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:
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31339

License Fee (evaluation and issuance) .............................................................................................................................................. $100.00

Multiplied by the additional levels of licensing .............................................................................................................................. ×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 ................................................................................................................... ×520

Maximum additional cost for new applicants ........................................................................................................................... $104,000.00

Note: These costs would be incurred over

a minimum of 31⁄2 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%)×.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 .............................................................................................................................................. ×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%)×.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 ......................................................................................................................................................... ×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 checkride, 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%)×.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) .............................................................................................................................. ×5

Cost for each check-ride ..................................................................................................................................................................... $150.00
31340 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

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 .......................................................................................... ×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%)×.05

Total number of designated examiners 645

Cost of training in examination techniques .......................................................................................................................................... ×$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 .................................................................................................................................. ÷5

Number of renewals each year .............................................................................................................................................................. 2,579

Multiplied by the estimated cost of refresher training ......................................................................................................................... ×$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-ofinformation requirements comprise

reporting, recordkeeping, notification,

and other, similar requirements.

This proposed rule contains

collection-of-information requirements

in §§ 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 § 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 assessmentrecord book.

Proposed §§ 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
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31341

monitoring and require those providing

the training to submit a certificate to the

Coast Guard once a year.

Proposed § 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 § 10.464(d)(2) would require

masters of vessels of greater than 200 GT

to maintain training- and assessmentrecord 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 § 10.465(d)(2) would require

mates of vessels of greater than 200 GT

to maintain a training- and assessmentrecord 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 §§ 10.465(a)(2), (b)(2), (c)(2)

and (d)(2) would require a final checkride before a designated examiner. They

would then require the applicant to

submit his or her completed trainingand 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 § 10.465 would accumulate

periodically during an 18-month period.

Final check-ride before a designated

examiner under proposed

§§ 10.465(a)(2), (b)(2), (c)(2), and (d)(2)

would entail a one-time record after the

mariner’s training- and assessmentrecord 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 § 10.103, add definitions, in

alphabetical order, to read as follows:

§ 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 § 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.

* * * * *

§ 10.201 [Amended]

3. In § 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
31342 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

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.’’

§ 10.203 [Amended]

4. In § 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’’.

§ 10.205 [Amended]

5. In § 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 § 10.209, revise paragraph (c)(1)

introductory text and add paragraph

(c)(6) to read as follows:

§ 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 refreshertraining course.

* * * * *

7. In § 10.304, revise the heading and

add paragraph (e) to read as follows:

§ 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 assessmentrecord 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:

§ 10.309 Approved training other than

approved courses.

(a) When the training and assessment

of competence required by this part are

not subject to § 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,
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 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 § 10.403, revise Figure 10.403 to

read as follows:

§ 10.403 Deck license structure.

* * * * *

BILLING CODE 4910–14–M
31344 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

BILLING CODE 4910–14–C
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31345

§ 10.412 [Amended]

10. In § 10.412(a), remove the words

‘‘operator of uninspected towing

vessels,’’.

§ 10.414 [Amended]

11. In § 10.414(a), remove the words

‘‘operator of uninspected towing

vessels,’’.

12. In § 10.418, revise the heading and

paragraph (b) to read as follows:

§ 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 Nearcoastal 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.

§ 10.420 [Amended]

13. In § 10.410, remove the words

‘‘operator of uninspected towing

vessels,’’.

§ 10.424 [Amended]

14. In § 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 § 10.426, revise the heading and

paragraph (a)(2) to read as follows:

§ 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.

* * * * *

§ 10.442 [Amended]

16. In § 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 § 10.446, revise the heading and

paragraph (b) to read as follows:

§ 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.

§ 10.452 [Amended]

18. In § 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’’.

§ 10.462 [Amended]

19. In § 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:

§ 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 §§ 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, Nearcoastal 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 Nearcoastal 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:

§ 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
31346 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules

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 assessmentrecord book, described in § 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:

§ 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 assessmentrecord book in accordance with

§ 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 assessmentrecord book in accordance with

§ 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 assessmentrecord book in accordance with

§ 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 assessmentrecord book in accordance with

§ 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

§ 10.467 and add a new § 10.466 to read

as follows:

§ 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.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Proposed Rules 31347

24. In § 10.482, revise paragraph (a) to

read as follows:

§ 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.

* * * * *

§ 10.701 [Amended]

25. In § 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’’.

§ 10.703 [Amended]

26. In § 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’’.

§ 10.901 [Amended]

27. In § 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 § 10.903, revise paragraphs

(a)(18) and (b)(4) to read as follows:

§ 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 § 10.910, amend the

introductory language to Table 10.910–

1 by revising paragraphs 10 through 12

to read as follows:

§ 10.910 Subjects for deck incenses.

* * * * *

10. Apprentice mate, towing vessels,

Oceans (domestic trade) and Nearcoastal 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.

§ 15.301 [Amended]

31. In § 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:

§ 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.

§ 15.705 [Amended]

33. In § 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 § 15.805, add paragraph (a)(5) to

read as follows:

§ 15.805 Master.

(a) * * *

(5) Every towing vessel of 8 meters

(about 26 feet) or more in length.

* * * * *

35. In § 15.810, redesignate

paragraphs (d) and (e) as (e) and (f); and

add a new paragraph (d) to read as

follows:

§ 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:

§ 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]

BILLING CODE 4910–14–M