Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 52789 

Port or his designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.935 Safety Zone, 

Milwaukee Harbor, Milwaukee, WI, and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners or Local Notice to 

Mariners. 

The Captain of the Port or designated 

representative may be contacted via U.S. 

Coast Guard Sector Lake Michigan on 

channel 16, VHF–FM. 

Dated: August 27, 2008. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E8–21223 Filed 9–10–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 10 and 15 

[Docket No. USCG–2006–26202] 

RIN 1625–AB10 

Training and Service Requirements for 

Merchant Marine Officers 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard amends 

certain regulations relating to mariner 

training and service. These regulatory 

changes remove the expiration date of 

the radar-observer endorsement from 

the merchant mariner’s license, allow 

for an apprentice mate of towing vessels 

to reduce sea-service time for mate 

(pilot) of towing vessels by completing 

additional approved training, and 

provide an alternate path to mate (pilot) 

of towing vessels for master of steam or 

motor vessels of any tonnage that is 200 

GRT or less. These changes are intended 

and expected to eliminate confusion 

and provide alternate training and 

service requirements for mate (pilot) of 

towing vessels. 

DATES: This final rule is effective 

October 14, 2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2006–26202 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Commander Kelly Post or Mr. Gerald 

Miante, CG–5221, Coast Guard, 

telephone 202–372–1401. If you have 

questions on viewing the docket, call 

Ms. Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366–

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Table of Abbreviations 

II. Regulatory History 

III. Background and Purpose 

IV. Discussion of Comments and Changes 

V. Regulatory Evaluation 

A. Executive Order 12866 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Table of Abbreviations 

GRT Gross Register Tons 

MMC Merchant Mariner’s Credential 

NPRM Notice of Proposed Rulemaking 

OSV Offshore Supply Vessel 

SNPRM Supplemental Notice of 

Proposed Rulemaking 

TOAR Towing Officer Assessment 

Record 

TSAC Towing Safety Advisory 

Committee 

II. Regulatory History 

On September 17, 2007, we published 

a Notice of Proposed Rulemaking 

(NPRM) entitled ‘‘Training and Service 

Requirements for Merchant Marine 

Officers’’ in the Federal Register (72 FR 

52841). The comment period closed on 

December 17, 2007. We received a total 

of 14 comments on the NPRM. No 

public meeting was requested, and none 

was held. 

III. Background and Purpose 

The revisions contained within this 

final rule: (1) Remove the expiration 

date of the radar-observer endorsement 

from the merchant mariner’s license; (2) 

Allow for an apprentice mate of towing 

vessels to reduce required minimum 

sea-service time for mate (pilot) of 

towing vessels by completing additional 

approved training; and (3) Provide an 

alternate path to mate (pilot) of towing 

vessels for a master of steam or motor 

vessels of any tonnage that is 200 gross 

register tons (GRT) or less. 

(1) Radar-observer endorsement: A 

petition for rulemaking was submitted 

to the Coast Guard on March 10, 2005, 

by an industry working group called the 

Mid-America Regional Examination 

Center Workgroup. That petition 

identified problems associated with 

placing the expiration date for the radarobserver endorsement on the deck 

licenses of mariners operating vessels 

equipped with radar. The expiration 

date for the radar-observer endorsement 

may be different from the expiration 

date of the license itself, causing 

confusion as to the validity of the 

license. 

A license is valid for a five-year 

period from the date it is issued by the 

Coast Guard. A radar-observer 

endorsement is also valid for five years, 

but that period begins after the month 

in which the certificate of training is 

issued. For original licenses, unless the 

radar training certificate was issued the 

month before the license is issued, the 

expiration date of the radar 

endorsement will be different than the 

expiration date of the license. For 

license renewals, existing 46 CFR 

10.480(k) provides a one-time 

opportunity for a mariner to 

synchronize the expiration date of the 

radar endorsement with that of the 

license. That section does not, however, 

account for subsequent renewals which 

might also bring the dates out of 

alignment. The end result is that, 

currently, many licenses have 

conflicting radar endorsement 

expiration and license expiration dates 

printed on them. 

When conflicting dates appear on the 

license, confusion may result. Moreover, 

licenses may need to be prematurely 

renewed or reissued with the new radar 

observer endorsement date when the 

mariner obtains a new radar training 

certificate. If the radar observer 

endorsement date is not printed on the 

license, this confusion would be 

avoided. 

In reviewing the industry 

recommendation, it was recognized that 

changing the requirement would 

simplify the process of issuing the 

license and ease the burden on the Coast 

Guard, industry, and schools providing 

the training. Mariners will still be 

required to keep their radar-observer 

training current, but an endorsement 

evidencing that training will no longer 

be printed on their licenses. While they 

will still be required to hold current 


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radar training certificates to man vessels 

equipped with radar, as specified in 46 

CFR 15.815, they will have up to 48 

hours to produce a copy of their 

certificate upon request of the Coast 

Guard or other appropriate Federal 

agency. 

(2) Training programs: A petition 

submitted by Kirby Towing Co. dated 

January 4, 2006, and the Report of the 

Licensing Implementation Working 

Group of the Towing Safety Advisory 

Committee (TSAC) dated October 3, 

2005, identified difficulties with the 

service requirements for certification as 

a mate (pilot) of towing vessels. 

According to Kirby Towing Co. and 

TSAC, the requirements for an 

apprentice mate to become a mate 

(pilot) of towing vessels unnecessarily 

restrict and dampen the use of 

comprehensive long-term training 

programs. 

We agree, and the corresponding 

regulatory change provides mariners 

and their employers the flexibility to 

use training programs, which the Coast 

Guard can accept as meeting a portion 

of the service requirements for mate 

(pilot) of towing vessels under 46 CFR 

10.465(a). 

(3) Alternate progression: A petition 

for rulemaking dated February 11, 2005, 

was submitted by Delta Towing Co. 

seeking an alternate path to obtain a 

license as mate (pilot) of towing vessels, 

and the Report of the Licensing 

Implementation Working Group of 

TSAC dated October 3, 2005, supported 

the Delta Towing Co. petition, 

recommending that the Coast Guard 

implement this change as quickly as 

possible. The petition recommended a 

path that could relieve a shortage of 

qualified towing vessel personnel, as 

well as provide alternatives to 

companies that operate diverse fleets of 

vessels (e.g. offshore supply vessels 

(OSVs) and towing vessels). 

The corresponding regulatory change 

provides a voluntary alternate path for 

a master of steam or motor vessels of 

any tonnage that is 200 GRT or less to 

qualify as a mate (pilot) of towing 

vessels while still demonstrating the 

experience and training that the 

regulations require. The alternate path is 

available for any holder of a master of 

steam or motor vessels license, of any 

route and of any tonnage that is 200 

GRT or less, except for the limited 

masters licenses specified in §§ 10.429 

and 10.456 of this part. 

(4) Relationship to Other Rulemaking 

Projects: On May 22, 2006, the Coast 

Guard published an NPRM and on 

January 25, 2007, a supplemental notice 

of proposed rulemaking (SNPRM), both 

of which were entitled ‘‘Consolidation 

of Merchant Mariner Qualification 

Credentials.’’ Among other things, that 

proposed rule would create a single 

merchant mariner’s credential (MMC). 

71 FR 29462 and 72 FR 3605. This 

rulemaking makes changes to some of 

the same regulatory text, and was 

closely coordinated with the MMC 

project to ensure that there are no 

conflicts. 

IV. Discussion of Comments and 

Changes 

We received a total of 14 comments 

on the NPRM. 

(1) Radar-observer endorsement: The 

rulemaking removes the requirement in 

46 CFR 10.480(g) for the month and year 

of the expiration of the radar-observer 

endorsement to appear on the license. 

This change eliminates the appearance 

that a license expires early when the 

radar-observer endorsement expires. 

The regulatory change does not affect 

the actual expiration date of either the 

license or the endorsement, and does 

not affect the requirement that the 

mariner maintain a current training 

certificate. This change only eliminates 

the requirement that the Coast Guard 

actually print the expiration date of the 

endorsement on the license. 

This rule also removes 46 CFR 

10.480(k). That paragraph permits a onetime extension of the radar observerendorsement expiration date for up to 

two years in order to synchronize that 

date with the license expiration date. If 

the expiration date of the radar-observer 

endorsement is removed from the 

license, only one expiration date would 

appear on the license, and 

synchronization for the purpose of 

avoiding confusion about the license 

expiration date is unnecessary. 

Removing this paragraph allows 

mariners greater flexibility in managing 

their training schedules, and reduces 

the work backlog at the Coast Guard’s 

regional examination centers and 

National Maritime Center. Mariners can 

submit their licenses for renewal closer 

to the actual five-year expiration of the 

license, rather than the shorter period 

that resulted from the need to renew 

when the radar-observer endorsement 

expired. 

Revised § 15.815 also requires 

mariners to have certificates of training 

readily available. Although the 

expiration date will no longer appear on 

the license, inspection teams, incident 

investigators, employers, and any 

appropriate Federal agency 

representative must still be able to see 

proof that a mariner is currently 

qualified as a radar-observer. This 

change facilitates enforcement of 

qualification requirements while 

providing mariners flexibility in the 

way they maintain evidence of training. 

We made minor editorial changes to 

§ 15.815(e), as it was proposed in the 

NPRM, to clarify that mariners must 

carry the original certificate of training 

or a notarized copy thereof onboard, or 

provide a copy of the certificate of 

training to the requesting entity within 

48 hours. 

All comments that addressed removal 

of the radar-observer endorsement 

expiration date from the license 

supported that part of the proposed rule. 

One comment expressed disagreement 

with allowing mariners 48 hours to 

provide a copy of the radar training 

certificate for enforcement purposes. 

The commenter advised that the radar 

training certificate should be produced 

on demand. We appreciate this concern, 

and we will reconsider the 48-hour 

allowance in the future if it, in fact, 

causes significant enforcement 

problems. 

(2) Training programs: The service 

requirements in 46 CFR 10.465(a) and 

table 10.465–1 are revised to permit 

mariners to count time successfully 

spent in Coast Guard-approved training 

programs toward the service 

requirements for mate (pilot) of towing 

vessels. We also are revising 46 CFR 

10.304 by adding a new paragraph (j), 

which provides that substitution of 

training in lieu of required service for a 

license as mate (pilot) of towing vessels 

is governed by 46 CFR 10.465(a) and 

table 10.465–1. 

The NPRM inadvertently included 

proposed regulatory text amending 46 

CFR 10.464(b) to permit mariners to 

count time spent in Coast Guard 

approved training programs toward the 

service requirements for a limited 

master of towing license. Because that 

amendment was not intended and not 

discussed in the NPRM preamble, the 

amendment of § 10.464(b) is not 

included in this rule. 

All of the comments that addressed 

allowing reduced sea-service time to 

qualify for a mate (pilot) of towing 

vessels license by completing additional 

approved training supported that part of 

the proposed rule. One comment offered 

support for the training allowance 

‘‘provided that the process of obtaining 

Coast Guard approval for proposed 

courses and training programs are 

reasonable with uniform and accessible 

guidelines for submittal.’’ Another 

commenter agreed that those who attend 

approved training for apprentice mate 

should be given credit towards the seaservice requirement, but cautioned that 

‘‘anything more than day-for-day credit 

would be overly generous and not in the 

best interests of safety.’’


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We believe the existing processes for 

obtaining Coast Guard approval of 

training are reasonable. Approval of 

training is governed by 46 CFR Part 10, 

Subpart C—Training Schools With 

Approved Courses. The requirements 

and standards for training approval are 

contained in 46 CFR 10.302 and 10.303. 

The actual amount of sea-service credit 

is specified in the approval letter for the 

training course or program, which has 

been clarified in a revision to footnote 

5 in Table 10.465–1. Based on an 

evaluation of various factors, the Coast 

Guard affords some training greater seaservice credit than others. The Coast 

Guard may grant more than one-for-one 

credit when appropriate and on a caseby-case basis, and ensures that safety 

standards remain high. 

(3) Alternate progression: This rule 

inserts a new paragraph (e) in 46 CFR 

10.465 that allows a master of steam or 

motor vessels of any tonnage of 200 GRT 

or less to become a mate (pilot) of 

towing vessels under certain conditions. 

The new paragraph provides that an 

applicant needs three years of service as 

master of steam or motor vessels of any 

tonnage that is 200 GRT or less, 

completion of a Towing Officer 

Assessment Record (TOAR), completion 

of the towing vessel license (apprentice 

mate) exam, and a minimum of 30 days 

of training and observation on a towing 

vessel on the route being sought. 

This rule also adds the words ‘‘a 

minimum of’’ before the existing words 

‘‘30 days of training and observation on 

towing vessels * * *’’ in 46 CFR 

10.465(d)(1) and 10.464(f)(1) to make 

those respective paragraphs consistent 

with each other and the new 46 CFR 

10.465(e). This editorial amendment 

clarifies our intent that individuals may, 

and usually will, have more than 30 

days of training and observation on 

towing vessels. 

In addition, the regulatory language in 

§§ 10.464(f) and 10.465(d) has been 

revised to make it less confusing. This 

rule replaces the descriptive terms 

‘‘inspected, self-propelled vessels’’ with 

the actual endorsement title ‘‘master of 

steam or motor vessels.’’

The voluntary alternate progression 

provisions generated the most public 

interest and discussion in the comments 

received. Of the 14 comments received, 

six expressed strong support for the 

alternate progression, four expressed 

concern regarding the alternate 

progression, one recommended minor 

wording changes to the alternate 

progression regulatory text without 

expressing an opinion as to the merits 

of the alternate progression, and three 

comments did not address the alternate 

progression. This is in addition to the 

original petition for rulemaking from 

Delta Towing Co. requesting the 

alternate progression, and the positive 

endorsement of TSAC, which expressed 

strong support for the alternate 

progression and recommended that it be 

implemented as quickly as possible. 

The proponents of the alternate 

progression, including TSAC, laud it as 

a streamlined mechanism for 

experienced masters from other 

segments of the industry to operate 

towing vessels. They see it as facilitating 

the entry of experienced masters of 

crewboats, supply boats, and other 

small vessels into the towing industry, 

which is expected to help alleviate the 

shortage of towing vessel officers while 

maintaining high standards of maritime 

safety. The proponents view the 

alternate progression as a ‘‘win’’ for the 

towing industry by ultimately making 

more towing vessel officers available to 

companies for employment, and for 

individual mariners who will now have 

a more flexible and viable path to 

diversify their service. 

The four opponents of the alternate 

progression are all currently licensed 

towing vessel masters. They are 

concerned that the alternate progression 

‘‘lowers the bar for training’’ on towing 

vessels and negatively impacts safety. 

They expressed particular concern with 

the requirement of only 30 days training 

and observation on towing vessels for 

the alternate progression candidates. 

They recommended that the current 

towing vessel licensing rules should 

remain unchanged because the current 

rules ensure an appropriate level of 

training and qualification for towing 

vessel officers. 

A comparison of the existing mate 

(pilot) requirements under 46 CFR 

10.465 to the alternate progression 

revision shows that the level of 

experience and training required of the 

new alternate progression candidates is 

equivalent to, or even surpasses, 

existing requirements. Currently, under 

46 CFR 10.465, a mate (pilot) candidate 

needs a total of 30 months sea service, 

24 months of which have to be on a 

towing vessel. Of the 24 months on a 

towing vessel, 12 months must be as an 

apprentice mate, essentially in trainee 

status. The other 12 months could be in 

any capacity, including unlicensed 

deckhand. Additionally, the candidate 

must complete a TOAR or approved 

course, and pass an exam. 

In contrast, under the voluntary 

alternate progression provided by this 

rule, a mate (pilot) of towing vessels 

candidate needs a total of 36 months as 

master of a steam or motor vessel that 

is 200 GRT or less. This is in addition 

to the sea service required to obtain that 

master’s license, which is at least 24 

months except as described below. 

These sea service requirements together 

total 5 years, at least 3 years of which 

must be as a master of a steam or motor 

vessel that is 200 GRT or less. 

A master of Great Lakes and inland 

vessels not more than 100 GRT is 

required to accumulate at least 12 

months sea service to obtain a master’s 

license. This requirement plus at least 3 

years as a master of a steam or motor 

vessel that is 200 GRT or less produces 

a total requirement of 4 years sea service 

to advance to mate (pilot) under the 

alternate progression. 

Additionally, an alternate progression 

candidate must also complete a TOAR 

or approved course, pass an exam, and 

complete a minimum of 30 days training 

and observation on towing vessels. 

It should be emphasized that an 

alternate progression candidate must 

serve a minimum of 30 days and 

complete the TOAR on a towing vessel. 

The TOAR is extensive, difficult to 

complete in only 30 days, and most 

people take considerably more time. 

One commenter, who opposed the 

alternate progression, advised that he is 

a designated examiner, and that ‘‘* * * 

it is simply not possible [to complete a 

TOAR in only 30 days] regardless of the 

candidate’s previous experience!’’

The Great Lakes/Inland TOAR, for 

example, contains almost 70 different 

tasks or duties that the candidate must 

perform proficiently to the satisfaction 

of the designated examiner. This must 

be done on the towing vessel, and it 

would be difficult for the candidate to 

satisfactorily do it all in only 30 days. 

In summary, to take advantage of the 

‘‘alternate progression’’ to mate (pilot), 

an individual has to be a highly 

experienced master, requiring in most 

cases at least 2 years more sea service, 

at a higher level of responsibility, than 

a mate (pilot) candidate under the 

current regulations. The alternate 

progression includes the exact same 

TOAR and exam requirements as the 

current regulations, and has an 

additional requirement of a minimum of 

30 days training and observation on a 

towing vessel. We anticipate that most 

alternate progression candidates may, in 

fact, have much more than 30 days on 

a towing vessel because of the time 

needed to complete the TOAR. 

In response to the comments opposing 

the alternate progression, we have 

revised the text of 46 CFR 10.465(e) by 

inserting the words ‘‘a minimum of’’

before the words ‘‘30 days of training 

and observation on towing vessels 

***’’ This rule also adds the words ‘‘a 

minimum of’’ before the existing words 

‘‘30 days of training and observation on 


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towing vessels * * *’’ in 46 CFR 

10.465(d)(1) and 10.464(f)(1) to make 

those respective paragraphs consistent 

with the new 46 CFR 10.465(e). This 

clarifies our intent that the individual 

may have more than 30 days of training 

and observation on towing vessels. 

Another commenter supported the 

alternate progression, and 

recommended two additional 

modifications to ‘‘broaden its utility 

without undermining its fundamental 

objectives.’’ The commenter 

recommended allowing mates as well as 

masters of less than 200 GRT vessels to 

be included in the alternate progression, 

and that alternate progression 

candidates be required to have 36 

months of service either ‘‘operating 

under’’ or merely ‘‘holding’’ a less than 

200 GRT license. 

The same commenter advised that the 

current allowance in 46 CFR 10.465(d) 

for individuals with licenses more than 

200 GRT to operate towing vessels as a 

mate (pilot) only requires the individual 

to hold a mate (not a master) license 

more than 200 GRT. The commenter 

further advised that, with respect to 

their second recommendation, there are 

mariners who hold less than 200 GRT 

licenses but are not actually working 

‘‘under the authority’’ of the license 

because they are serving in unlicensed 

capacities aboard towing vessels, and 

recommended that this time should 

count for the alternate progression. 

We disagree at this time. A key to the 

alternate progression to mate (pilot) of 

towing vessels for individuals with 

licenses less than 200 GRT is their level 

of responsibility while accumulating the 

required 3 years of sea service. Someone 

serving as a master of a less than 200 

GRT vessel for the required 3 years has 

a higher level of responsibility than a 

mate on a less than 200 GRT vessel. 

This elevates the quality of the service 

to an extent that we believe it should be 

counted towards mate (pilot) of towing 

vessel under the alternate progression. 

Further, if we change the language to 

require 36 months service while 

‘‘holding’’ or operating under the 

authority of the license, that service 

could have been accumulated in any 

capacity, with a lower degree of 

responsibility than master. 

In order to better clarify that our 

intent in the NPRM was to count only 

time served as a master of vessels 200 

GRT or less toward the alternate 

progression requirement, we revised 

§ 10.465(e)(1) to read: ‘‘* * * 36 months 

of service as a master under the 

authority of a license described in 

paragraph (e) of this section.’’ We can 

reevaluate the changes recommended by 

this commenter for future revision of the 

regulation after the new rule has been 

implemented and we have better data as 

to the actual success of the alternate 

progression. 

One commenter expressed support for 

the alternate progression and 

recommended expanding its scope to 

encompass the limited master of towing 

vessels license in 46 CFR 10.464(b). As 

discussed above, the NPRM 

inadvertently included such a provision 

in the regulatory text. Because the 

NPRM preamble did not discuss this 

change, the public did not receive 

adequate notice, and the provision has 

been removed from this rule 

accordingly. 

Additionally, paragraph (b) of 46 CFR 

10.464 already allows a significant 

reduction in required service in that an 

apprentice mate (steersman) can 

proceed directly to limited master, 

bypassing mate (pilot) altogether, with 

36 months total service, 18 months of 

which must be as an apprentice mate 

(steersman). We are not prepared to 

further alter this already reduced 

burden at this time, and intend to 

reevaluate the limited master of towing 

vessels’ requirements for future revision 

after we have data on the 

implementation of the alternate 

progression. 

One commenter, who did not clearly 

support or oppose the alternate 

progression, recommended two specific 

changes to the proposed regulation. 

First, the commenter recommended 

changing proposed 46 CFR 10.465(e) 

from ‘‘* * * of any tonnage less than 

200 GRT * * *’’ to ‘‘of any tonnage not 

more than 200 GRT.’’ We agree in part, 

and have changed § 10.465(e) to read 

‘‘* * * of any tonnage that is 200 GRT 

or less * * *’’ This approach is 

preferred because the provision should 

be broad enough to include licenses 

authorizing service on vessels of lesser 

tonnage. 

Second, the commenter recommended 

that the word ‘‘appropriate’’ should be 

deleted from proposed 46 CFR 

10.465(e)(2) and (3) because it is too 

general. We disagree. The word 

‘‘appropriate’’ is necessary here because 

there are different TOARs and different 

apprentice mate exams, depending on 

the route(s) that an applicant seeks to be 

endorsed on the license. 

The same commenter also discussed 

the statement in the NPRM Regulatory 

Evaluation (72 FR 52843) that the 

‘‘Coast Guard’s current regulations do 

not count time spent in a rigorous Coast 

Guard-approved towing training course 

toward the minimum service time 

requirements.’’ The commenter pointed 

out that this language is confusing, 

particularly the use of the word 

‘‘rigorous’’ in this context. We agree that 

this language was confusing, and have 

deleted it in our revised discussion of 

training programs in the Regulatory 

Evaluation below. 

Finally, one commenter, in expressing 

opposition to the alternate progression, 

pointed out an inaccuracy in the 

preamble language of the NPRM. 

Specifically, in the first column of 72 FR 

52844, under Benefits, the Regulatory 

Evaluation states that ‘‘such a candidate 

would have already served 

approximately five years (sixty months) 

as a licensed officer before receiving the 

endorsement.’’

The commenter correctly advised that 

a candidate may have five years of 

experience, but not necessarily as a 

licensed officer. Alternate progression 

candidates who hold a 100 GRT license, 

are required to have 2 years of service 

in any capacity in the deck department 

pursuant to 46 CFR 10.428. Candidates 

who hold a 200 GRT near coastal license 

are required to have 2 years of service, 

only one of which must be as a master 

or mate, and the other year can be in 

any capacity in the deck department, 

pursuant to 46 CFR 10.426. We concur 

with the commenter in this regard, and 

have corrected the preamble language 

accordingly. 

We have also clarified in the preamble 

language above that masters of Great 

Lakes and inland vessels not more than 

100 GRT only need a minimum of 4 

years total sea service to complete the 

alternate progression to mate (pilot), as 

opposed to 5 years. This is because they 

only need 12 months total deck service 

to obtain their licenses under 46 CFR 

10.455, plus the additional 3 years 

serving as a master under their license, 

to advance to mate (pilot) under the 

alternate progression. 

V. Regulatory Evaluation 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

A. Executive Order 12866 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. However, we have performed the 

following analysis of costs and benefits. 

The rule is divided into three 

elements: Radar endorsement, training 

programs, and alternate progression. 


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This analysis will consider each of the 

three elements separately. 

Radar Endorsement 

This part of the rule removes the 

expiration date of the radar-observer 

endorsement from the merchant mariner 

licenses. Previously, 46 CFR 10.480(g) 

required that the Coast Guard print both 

the endorsement and license expiration 

dates on the merchant mariner license. 

Since the endorsement expiration 

date is tied to the date training is 

completed and the license is generally 

issued after the training is completed, 

the radar-observer endorsement 

expiration date often preceded that of 

the license. The Coast Guard has 

determined that many people mistake 

the radar-observer endorsement 

expiration date for that of the license 

itself. Removing the radar-observer 

endorsement expiration date would 

reduce confusion without affecting 

safety. Safety would remain unchanged 

because mariners and companies would 

still be required to keep training records 

current and readily available. Based on 

2007 data from the Coast Guard’s 

National Maritime Center, we estimate 

that the rule will effect about 8000 

radar-observer endorsements per year. 

This total includes both original and 

other than original endorsements. 

Costs: Implementing this element of 

the rule would impose no additional 

cost on the economy. This rule 

contemplates no change in the fee paid 

for a merchant mariner license. 

Benefits: Removing the expiration 

date from the merchant mariner license 

will simplify the process of issuing 

licenses and reduce confusion caused 

by displaying the two expiration dates 

on the license. That confusion could be 

denying some mariners the full five-year 

term of their licenses. The rule allows 

such mariners to maintain the full fiveyear term of their mariner’s license, 

giving them greater flexibility in 

deciding when to renew their licenses. 

Training Programs 

This part of the rule allows applicants 

for mate (pilot) of towing vessels to 

apply time spent in Coast Guardapproved training programs toward the 

minimum length of service requirement. 

The Coast Guard’s regulations did not 

count time spent in a Coast Guardapproved towing training program 

toward the minimum service time 

requirements. Prospective mates (pilots) 

that elected to take such training would 

forego a chance to qualify for their 

licenses sooner. The changes reduce this 

disincentive and therefore encourage 

more prospective towing vessel officers 

to enroll in training programs and more 

towing companies and training 

institutions to establish them. The Coast 

Guard believes that increasing the 

number of approved towing training 

program graduates among towing vessel 

officers could increase overall towing 

safety. 

Costs: This element of the rule 

increases industry and mariner 

flexibility. It does not impose 

mandatory costs on the economy 

because towing companies, mariners 

and training institutions would 

voluntarily exercise this flexibility only 

if they expected that it would make 

business sense for them to do so. 

Benefits: The training program part of 

the rule is expected to lead to an 

increase in the number of prospective 

mates (pilots) enrolling in Coast Guardapproved towing officer training 

programs. Such an increase would 

improve navigational safety. See the 

Regulatory Evaluation section of the 

NPRM for additional discussion of this 

subject. 

The Coast Guard already allows 

applicants for certain engineering and 

deck licenses to substitute time spent in 

a Coast Guard-approved training course 

toward service time requirements, as 

described in 46 CFR 10.304, 

‘‘Substitution of training for required 

service, use of training-record books, 

and use of towing officer assessment 

records.’’ The training programs element 

of the rule extends that flexibility to 

applicants for licenses as mate (pilot) of 

towing vessels. 

Alternate Progression 

This part of the new rule allows 

individuals who have served three years 

or longer as a master of steam or motor 

vessels of any tonnage that is 200 GRT 

or less, except for the limited masters’

licenses specified in §§ 10.429 and 

10.456, to obtain a license as a mate 

(pilot) of towing vessels on a particular 

route after completing a TOAR, the 

appropriate apprentice mate exam, and 

a minimum of a 30-day period of 

training and observation on a towing 

vessel on that route. 

Costs: There are no mandatory costs 

resulting from this change to industry or 

mariners. Mariners would voluntarily 

take advantage of this provision only if 

they would gain a net benefit from 

doing so. 

Benefits: This rule will increase 

flexibility for certain mariners. The 

alternate progression part of this rule 

would extend similar flexibility to a 

sufficiently experienced master of steam 

or motor vessels not more than 200 

GRT. The Coast Guard has determined 

that this part of the rule will not reduce 

maritime safety. Candidates eligible for 

a license as a mate (pilot) of towing 

vessels under this rule will have the 

same level of knowledge as those 

seeking a license as a master of towing 

vessels because they would be required 

to pass the same apprentice mate exam. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

As explained previously, the Coast 

Guard does not expect that the rule will 

have a significant economic impact 

upon operating companies, some of 

which are small entities. The Coast 

Guard does not expect the rule to have 

a significant impact upon small 

businesses. The Coast Guard likewise 

expects no significant economic impact 

upon not-for-profit organizations or 

government jurisdictions, because the 

rule does not change any requirements 

for either. Therefore, the Coast Guard 

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

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 


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52794 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

G. Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Management and Budget, Office of 

Information and Regulatory Affairs has 

not designated it as a significant energy 

action. Therefore, it does not require a 

Statement of Energy Effects under 

Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g. specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that, under the 

Instructions, there are no factors in this 

case that would limit the use of a 

categorical exclusion under section 

2.B.2 of the Instruction. This rule is 

categorically excluded, under figure 2–

1, paragraph (34)(c), of the Instruction 

from further environmental 

documentation because this regulation 

concerns the training, qualifying, 

licensing and disciplining of maritime 

personnel. A final ‘‘Environmental 

Analysis Check List’’ and a final 

‘‘Categorical Exclusion Determination’’

are available in the docket where 

indicated under ADDRESSES. 

List of Subjects 

46 CFR Part 10 

Penalties, Reporting and 

recordkeeping requirements, Schools, 

Seamen. 

46 CFR Part 15 

Reporting and recordkeeping 

requirements, Seamen, Vessels. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR parts 10 and 15 as follows: 

PART 10—LICENSING OF MARITIME 

PERSONNEL 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, and 

8906; Executive Order 10173; Department of 

Homeland Security Delegation 0170.1. 

Section 10.107 is also issued under the 

authority of 44 U.S.C. 3507. 

■ 2. Amend § 10.304 by adding new 

paragraph (j) to read as follows: 

§ 10.304 Substitution of training for 

required service, use of training record 

books, and use of towing officer 

assessment records. 

* * * * * 

(j) Substitution of a training program 

in lieu of required service for a license 

as mate (pilot) of towing vessels is 

governed by § 10.465(a) and table 

10.465–1 of this part. 

■ 3. In § 10.464—

■ (a) In paragraph (f) introductory text, 

remove the words ‘‘inspected, selfpropelled’’ and add, in their place, the 

words ‘‘steam or motor’’; and, 

■ (b) Revise paragraph (f)(1) to read as 

follows: 

§ 10.464 Requirements for licenses as 

master of towing vessels. 

* * * * * 

(f) * * * 

(1) Have a minimum of 30 days of 

training and observation on towing 

vessels for the route being assessed, 

except as noted in paragraph (e) of this 

section; and 

* * * * * 

■ 4. In § 10.465—

■ a. Amend paragraph (a) by adding the 

following sentence to the end of the 

paragraph; 

■ b. Revise table 10.465–1 to read as 

follows; 

■ c. In paragraph (d) introductory text, 

remove the words ‘‘inspected, selfpropelled’’ and add, in their place, the 

words ‘‘steam or motor’’; 

■ d. Revise paragraph (d)(1) to read as 

follows; and 


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Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Rules and Regulations 52795 

■ e. Redesignate existing paragraphs (e) 

and (f) as paragraphs (f) and (g) and add 

new paragraph (e) to read as follows: 

§ 10.465 Requirements for licenses as 

mate (pilot) of towing vessels. 

(a) * * * Time of service 

requirements as an apprentice mate 

(steersman) of towing vessels may be 

reduced by an amount equal to the time 

specified in the approval letter for the 

completed Coast Guard-approved 

training programs. 

TABLE 10.465–1—REQUIREMENTS FOR LICENSE AS MATE (PILOT 1) OF TOWING VESSELS

1 2 3 4 5 6 7 

Route endorsed Total 

service 2

TOS3 on T/V as 

apprentice mate 

(steersman) 5

TOS3 on 

particular 

route 

TOAR 4 or an 

approved 

course 

30 days of observation and 

training while holding 

master (limited) and pass 

a limited examination 

Subordinate 

route authorized 

(1) OCEANS (O) ................ 30 12 of 30 ................. 3 of 12 ......... YES ............. YES .................................... NC, GL–I 

(2) NEAR-COASTAL (NC) 30 12 of 30 ................. 3 of 12 ......... YES ............. YES .................................... GL–I 

(3) GREAT LAKES-INLAND 

(GL–I).

30 12 of 30 ................. 3 of 12 ......... YES ............. YES.

(5) WESTERN RIVERS 

(WR).

30 12 of 30 ................. 3 of 12 ......... YES ............. NO (90-days service required).

1For all inland routes, as well as Western Rivers, the license as pilot of towing vessels is equivalent to that as mate of towing vessels. All 

qualifications and equivalencies are the same. 2Service is in months unless otherwise indicated. 

3TOS is time of service. 

4TOAR is Towing Officers’ Assessment Record. 5Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified 

in the approval letter for a completed Coast Guard-approved training program. 

* * * * * 

(d) * * * 

(1) Have a minimum of 30 days of 

training and observation on towing 

vessels for the route being assessed, 

except as noted in paragraph (b) of this 

section; and 

* * * * * 

(e) If you hold any license as a master 

of steam or motor vessels of any tonnage 

that is 200 GRT or less, except for the 

limited masters’ licenses specified in 46 

CFR 10.429 and 10.456, then you may 

obtain an endorsement as mate (pilot) of 

towing vessels by meeting the following 

requirements: 

(1) Providing proof of 36 months of 

service as a master under the authority 

of a license described in paragraph (e) 

of this section; 

(2) Successfully completing the 

appropriate TOAR; 

(3) Successfully completing the 

appropriate apprentice mate exam; and 

(4) Having a minimum of 30 days of 

training and observation on towing 

vessels for the route being assessed, 

except as noted in paragraph (b) of this 

section. 

* * * * * 

§ 10.480 [Amended] 

■ 5. Amend § 10.480 as follows: 

■ a. In paragraph (f), remove ‘‘Except as 

provided by paragraph (k) of this 

section,’’; and 

■ b. Remove paragraphs (g) and (k), and 

redesignate paragraphs (h), (i), and (j) as 

(g), (h), and (i), respectively. 

PART 15—MANNING REQUIREMENTS 

■ 6. Revise the authority citation for part 

15 to read as follows: 

Authority: 46 U.S.C. 2101, 2103, 3306, 

3703, 8101, 8102, 8103, 8104, 8105, 8301, 

8304, 8502, 8503, 8701, 8702, 8901, 8902, 

8903, 8904, 8905(b), 8906 and 9102; and 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 6. In § 15.815—

■ a. In paragraphs (a), (b), and (c), 

remove the words ‘‘a valid 

endorsement’’ and add, in their place, 

the words ‘‘an endorsement’’; and 

■ b. Add new paragraphs (d) and (e) to 

read as follows: 

§ 15.815 Radar observers. 

* * * * * 

(d) Each person who is required to 

hold a radar endorsement must have 

their certificate of training readily 

available to demonstrate that the 

endorsement is still valid. 

(e) For the purposes of this section, 

‘‘readily available’’ means that the 

mariner must carry the original 

certificate of training or a notarized 

copy thereof onboard. Alternatively, the 

mariner must provide a copy of the 

certificate of training to the requesting 

entity within 48 hours. The requested 

material may be delivered either 

physically, electronically, or by 

facsimile. 

Dated: August 27, 2008. 

Brian M. Salerno, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Marine Safety, Security & 

Stewardship. 

[FR Doc. E8–21118 Filed 9–10–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 0808211134–81140–01] 

RIN 0648–AX21 

Pacific Halibut Fisheries; Guided Sport 

Charter Vessel Fishery for Halibut 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS withdraws regulations 

that placed limits on charter vessel 

anglers, including a one-halibut daily 

bag limit in International Pacific Halibut 

Commission Area 2C. The U.S. District 

Court for the District of Columbia issued 

a Temporary Restraining Order (TRO) 

on June 10, 2008 (amended on June 13, 

2008), and a Preliminary Injunction (PI) 

on June 20, 2008, enjoining and 

restraining NMFS from giving any effect 

to or otherwise taking any action to 

enforce the one-halibut daily bag limit 

restriction for charter vessel anglers. 


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