[Federal Register: September 17, 2007 (Volume 72, Number 179)]
[Proposed Rules]
[Page 52841-52846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se07-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 10 and 15
[USCG-2006-26202]
RIN 1625-AB10
Training and Service Requirements for Merchant Marine Officers
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to make administrative changes to the
requirements for merchant mariner training and service. The proposed
regulation would 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 would provide an alternate path to mate (pilot) of towing vessels
for master of steam or motor vessels not more than 200 gross register
tons. These changes are intended to eliminate confusion and clarify
training and service requirements.
DATES: Comments and related material must reach the Docket Management
Facility on or before December 17, 2007.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2006-26202 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web site: http://dms.dot.gov.
(2) Mail: 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.
(3) Fax: 202-493-2251.
(4) Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590. Deliveries
may be made between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
(5) Federal eRulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Luke Harden, CG-3PSO, Coast Guard, telephone 202-372-
1408. If you have questions on viewing or submitting material to the
docket, call Ms. Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://dms.dot.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) to use the Docket Management Facility. Please
see DOT's ``Privacy Act'' paragraph below.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
2006-26202), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. You may
submit your comments and material by electronic means, mail, fax, or
delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing comments and documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter
the last five digits of the docket number for this rulemaking, and
click on ``Search.'' You may also visit the Docket Management Facility
in room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000, or you may visit http://dms.dot.gov.
See 65 FR 19477.
Public Meeting
We do not currently plan to hold a public meeting. But you may
submit a request for one to the Docket Management Facility at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a notice in the Federal Register.
Background and Purpose
The proposed revisions contained within this Notice of Proposed
Rulemaking would (1) remove the expiration date of the radar-observer
endorsement from the merchant
[[Page 52842]]
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 not more than 200 gross register tons (GRT).
(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 radar-observer endorsement on the deck licenses
for 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 of issuance of
the certificate of training from an approved course. 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; however, for various
reasons, many mariners do not avail themselves of this opportunity.
Even if they do, 46 CFR 10.480(k) does not 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 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 can 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 would still be required to keep their
radar-observer training current, but an endorsement evidencing that
training would not be printed on their licenses. While they would still
be required to hold current radar training certificates to man vessels
equipped with radar, as specified in 46 CFR 15.815, they would 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.
The proposed regulatory change would provide mariners and their
employers the flexibility to use training programs, which the Coast
Guard could accept as meeting a portion of the service requirements for
mate (pilot) of towing vessels.
(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. 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 proposed regulatory change would provide a path for a master of
steam or motor vessels not more than 200 GRT to qualify as a mate
(pilot) of towing vessels while still demonstrating the experience and
training that the regulations require. The alternate path would be
available for any holder of a master of steam or motor vessels license,
of any route and of any tonnage less than 200 GRT, except for the
limited masters licenses specified in Sec. Sec. 10.429 and 10.456 of
this part.
(4) Relationship to Other Rulemaking Projects: On May 22, 2006, the
Coast Guard published a notice of proposed rulemaking (NPRM) and on
January 25, 2007, a supplementary notice of proposed rulemaking (SNPRM)
entitled ``Consolidation of Merchant Mariner Qualification
Credentials'' that among other things proposes to create a single
merchant mariner's credential (MMC). See 71 FR 29462 and 72 FR 3605.
That proposed rulemaking and this proposed rulemaking propose to make
changes to some of the same regulatory text. This project and any
possible future projects that would affect this regulatory text will be
closely coordinated with the MMC project to ensure that there are no
conflicts.
Discussion of Proposed Rule
This rulemaking proposes to do the following:
(1) Radar-observer endorsement: The rulemaking proposes to remove
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 will eliminate the apparent early expiration of licenses
when the radar-observer endorsement expires. The proposed regulatory
change would not affect the actual expiration date of either the
license or the endorsement, and would not affect the requirement that
the mariner maintain a current training certificate. This change would
only eliminate the requirement that the Coast Guard actually print the
expiration date of the endorsement on the license.
This proposed rule would also remove 46 CFR 10.480(k). That
paragraph permits a one time extension of the radar observer-
endorsement 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
would be unnecessary.
Removing this paragraph would allow mariners greater flexibility in
managing their training schedules, and reduce the work backlog at the
Coast Guard's regional examination centers. Mariners would be able to
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. A
longer effective renewal requirement is expected to reduce paperwork
for both mariners and the Coast Guard.
We also propose revising 46 CFR 15.815 to require readily available
evidence that each person holds a valid radar-observer certificate.
Although the expiration date would 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
[[Page 52843]]
change would facilitate enforcement of qualification requirements while
providing mariners flexibility in the way they maintain evidence of
training.
(2) Training programs: The service requirements in 46 CFR table
10.465-1 would be 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.
(3) Alternate progression: This proposed rule would add a new
paragraph to 46 CFR 10.465 that would allow a master of steam or motor
vessels of not more than 200 GRT to become a mate (pilot) of towing
vessels under certain conditions. The paragraph would provide that the
master of steam or motor vessels of not more than 200 GRT would need
three years of service as master of steam or motor vessels less than
200 GRT, completion of a Towing Officer Assessment Record, completion
of the towing vessel license (apprentice mate) exam, and 30 days of
training and observation on a towing vessel on the route being sought.
In addition, the current regulatory language in 10.464(f) and
10.465(d) tries to describe a certain type of license, rather than
using the actual endorsement title, which is unnecessarily confusing.
This proposed rule would replace the descriptive terms ``inspected,
self-propelled vessels'' with the actual endorsement title ``master of
steam or motor vessels''.
Regulatory Evaluation
This proposed 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 proposed rule is divided into three elements: Radar
endorsement, training programs, and alternate progression. This
analysis will consider each of the three elements separately.
Radar Endorsement
The first element of the proposed rule would remove the expiration
date of the radar-observer endorsement from the merchant mariner
licenses. Currently 46 CFR 10.480(g) requires 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
precedes 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. The
Coast Guard expects that the proposed rule would affect 7,660 radar-
observer endorsements per year. This total includes both original and
other than original endorsements.
Costs: Implementing this element of the proposed rule would impose
no cost on the economy. This proposed rule contemplates no change in
the fee paid for a merchant mariner license.
Benefits: The benefits of removing the expiration date would be
modest, but noteworthy. The confusion caused by displaying the two
expiration dates on the merchant mariner license could be denying many
mariners the full five-year term of their licenses. The proposed rule
would allow such mariners to enjoy the full five-year term of their
mariner's license, giving them greater flexibility in deciding when to
renew their licenses.
Training Programs
The second element of the proposed rule would allow applicants for
a license as a mate (pilot) of towing vessels to apply time spent in
Coast Guard-approved training courses or programs toward the minimum
length of service requirement.
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. Prospective pilots that elect to take such a
course forego a chance to qualify for their licenses more quickly. The
proposed changes would reduce this disincentive and therefore encourage
more prospective towing vessel pilots to enroll in a course and more
towing companies and training institutions to establish them. The Coast
Guard believes that increasing the number of approved towing course
graduates among towing vessel officers could increase overall towing
safety.
Costs: This element of the rule unambiguously increases industry
and mariner flexibility. It does not impose any cost 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 element of the proposed rule would
reduce the opportunity cost for mariners of completing Coast Guard-
approved training courses, leading to an increase in the number of
prospective mates (pilots) of towing vessels enrolling in Coast Guard-
approved towing courses. Such an increase would improve navigational
safety.
Recent experience indicates that a substantial number of
prospective towing pilots could take advantage of the increased
flexibility. Currently the Kirby Marine Systems towing course is the
only one approved by the Coast Guard. This course graduates about 10 to
20 students annually, compared to an annual average of 68 original
towing licenses as mates (pilot) of towing vessels issued by the Coast
Guard during 2003-05. Based upon discussions at the Towing Safety
Advisory Committee, the Coast Guard believes that several towing
companies would consider setting up towing courses if completion of the
course could substitute for required service time toward a towing
license.
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 proposed rule would extend that
flexibility to applicants for licenses as mate (pilot) of towing
vessels.
Alternate Progression
The current rule describes two progressions to obtain a license as
mate (pilot) of towing vessels. The traditional progression, described
in 46 CFR 10.465(a) and 46 CFR table 10.465-1, requires an applicant
for a license as mate (pilot) of towing vessels to complete at least 30
months of service, a Towing Officer Assessment Record (TOAR) or an
approved course, and a 90-day period of training and observation on a
towing vessel on the route for which the mariner seeks approval.
The second progression, in 46 CFR 10.465(d), allows individuals
licensed as a mate or first-class pilot of inspected, self-propelled
vessels greater than 200 GRT to obtain a license as a mate (pilot) of
towing vessels on a particular route after completing a TOAR and a 30-
day period of training
[[Page 52844]]
and observation on a towing vessel on that route. The third element of
the proposed rule would allow individuals licensed for three years or
longer as a master of steam or motor vessels not more than 200 GRT,
including individuals licensed as a master of steam or motor vessels of
any route and of any tonnage less than 200 GRT, except for the limited
masters' licenses specified in Sec. Sec. 10.429 and 10.456 of this
part, 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 30-day period of training and observation on a towing
vessel on that route.
Costs: The costs of this change to industry or mariners would be
zero, as this change would unambiguously increase flexibility for
mariners. Mariners would voluntarily take advantage of this provision
only if they would gain a net benefit from doing so.
Benefits: The Coast Guard has determined that this element of the
proposed rule would not reduce maritime safety. Candidates eligible for
a license as a mate (pilot) of towing vessels under this proposed rule
change would, in fact, 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. In addition such a
candidate would have already served approximately five years (sixty
months) as a licensed officer before receiving the endorsement. This
period is twice as long as the Coast Guard currently requires for
candidates seeking a license as a mate (pilot) of towing under the
first progression. The second progression already allows mariners
holding a license as a mate or first-class pilot of inspected, self-
propelled vessels greater than 200 GRT to operate towing vessels on a
route if they complete a TOAR as well as 30 days of training and
observation on towing vessels on the desired route. The alternate
progression element of the proposed rule would extend similar
flexibility to a sufficiently experienced master of steam or motor
vessels not more than 200 GRT.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-602), the Coast
Guard is required to assess whether the proposed rule would exert a
significant economic impact upon 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 in the ``Regulatory Evaluation'' section,
the Coast Guard does not expect that the proposed rule will exert a
significant economic impact upon operating companies, some of which are
small entities. Therefore the Coast Guard does not expect the proposed
rule to exert a significant impact upon small businesses. The Coast
Guard likewise expects no significant economic impact upon not-for-
profit organizations or government jurisdictions, as the proposed rule
does not change any requirements for either.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Luke Harden, CG-3PSO, Coast
Guard, telephone 202-372-1408. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
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).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 proposed rule under that Order and have
determined that it does not have implications for federalism.
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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or
[[Page 52845]]
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.
Energy Effects
We have analyzed this proposed 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 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.
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we have determined that this rule
should be categorically excluded under figure 2-1, paragraph (34)(c),
of the Instruction from further environmental documentation. This
proposed regulation concerns the training, qualifying, licensing and
disciplining of maritime personnel. A preliminary ``Environmental
Analysis Check List'' is available in the docket where indicated under
the ``Public Participation and Request for Comments'' section of this
preamble. Comments on this section will be considered before we make
the final decision on whether this rule should be categorically
excluded from further environmental review.
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 proposes
to amend 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; Department of Homeland Security Delegation 0170.1. Section
10.107 is also issued under the authority of 44 U.S.C. 3507.
2. Amend Sec. 10.304 by adding new paragraph (j) to read as
follows:
Sec. 10.304 Substitution of training for required service, use of
training record books, and use of towing officer assessment records.
* * * * *
(j) Substitution of training in lieu of required service for a
license as mate (pilot) of towing vessels is governed by Sec. 10.465
and table 10.465-1 of this part.
3. In Sec. 10.464--
a. Amend paragraph (b) by adding the following sentence to the end
of the paragraph; and
b. In paragraph (f), introductory text, remove the words
``inspected, self-propelled'' and add, in their place, the words
``steam or motor'':
Sec. 10.464 Requirements for licenses as master of towing vessels.
* * * * *
(b) * * * 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.
* * * * *
4. In Sec. 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, self-propelled'' and add, in their place, the words
``steam or motor''; and
d. Redesignate existing paragraphs (e) and (f) as paragraphs (f)
and (g) and add new paragraph (e) to read as follows:
Sec. 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 Days of
observation and
Total TOS \3\ on T/V as training while
Route endorsed service apprentice mate TOS \3\ on TOAR \4\ or an holding master Subordinate route
\2\ (steersman) \5\ particular route approved course (limited) and pass authorized
a limited
examination
1 2 3.................. 4.................. 5.................. 6.................. 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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................
[[Page 52846]]
(5) Western Rivers (WR)......... 30 12 of 30........... 3 of 12............ Yes................ No (90-days service
required).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For 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.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ TOAR is Towing Officers' Assessment Record.
\5\ Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time spent by a mariner to
complete a training program approved by the Coast Guard if the authority for the reduction is provided in the letter from the Coast Guard approving
the program.
* * * * *
(e) If you hold any license as a master of steam or motor vessels
of any tonnage less than 200 GRT, 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 operating under the
authority of your existing license;
(2) Successfully completing the appropriate TOAR;
(3) Successfully completing the appropriate apprentice mate exam;
and
(4) Having 30 days of training and observation on towing vessels
for the route being assessed, except as noted in paragraph (b) of this
section.
* * * * *
Sec. 10.480 [Amended]
5. Amend Sec. 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. The authority citation for part 15 continues to read as follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 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.
7. In Sec. 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:
Sec. 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 either the certificate of training or a
notarized copy onboard. Alternatively, the mariner must provide a copy
of the certificate of training or notarized copy to the requesting
entity within 48 hours. The requested material may be delivered either
physically, electronically, or by facsimile.
Dated: September 7, 2007.
J.G. Lantz,
Acting Assistant Commandant for Prevention.
[FR Doc. E7-18191 Filed 9-14-07; 8:45 am]
BILLING CODE 4910-15-P