[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2218]


[[Page Unknown]]

[Federal Register: February 2, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[CGD 84-060]
RIN 2115-AB67

 

Licensing of Pilots; Manning of Vessels by Pilots

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule.

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SUMMARY: The Coast Guard is amending the regulations concerning the 
licensing of pilots and the manning of vessels by pilots. This interim 
final rule: Defines ``coastwise seagoing vessel'' for pilotage 
purposes; describes first class pilotage areas where local pilotage 
expertise is warranted; allows licensed individuals to serve as pilots 
in areas not identified as first class pilotage areas on vessels that 
they are otherwise qualified to control; requires a Federal pilot for 
vessels in excess of 1,600 gross tons, propelled by machinery and 
subject to inspection under 46 U.S.C. chapter 33, that are not 
authorized by their Certificate of Inspection to proceed beyond the 
Boundary Line; and provides quick reference tables for Federal pilotage 
requirements. These changes are necessary to eliminate confusion over 
where and on what vessels pilotage expertise is required.

DATES: This interim final rule is effective on March 4, 1994. Comments 
on this interim final rule must be received on or before March 21, 
1994.


.ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 84-060), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters.

FOR FURTHER INFORMATION CONTACT:
Mr. John Hartke, Merchant Vessel Personnel Division (G-MVP/12), room 
1210, U.S. Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC 20593-0001, telephone (202) 267-6102.

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 84-060) and the specific section of this 
interim final rule to which each comment applies, and give the reason 
for each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this interim final rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this rule are: Mr. John 
J. Hartke, Project Manager, Merchant Vessel Personnel Division, Office 
of Marine Safety, Security and Environmental Protection, and, Mr. 
Nicholas Grasselli, Project Counsel, Office of Chief Counsel.

Background and Purpose

    Normally, foreign vessels and U.S. vessels operating on registry 
endorsement are under State pilotage authority, and U.S. vessels 
operating on coastwise endorsement are under Federal pilotage 
authority. The regulations addressed in this rulemaking deal only with 
Federal pilotage.
    A notice of proposed rulemaking (NPRM) was published June 24, 1985 
(50 FR 26117), addressing unresolved pilotage issues. The comment 
period was originally scheduled to end on September 23, 1985, however, 
a notice of extension of comment period (50 FR 38557), published in the 
Federal Register on September 23, 1985, extended the comment period to 
December 22, 1985. In response to this notice, the Coast Guard received 
172 written comments, and held two public meetings. One public meeting 
was held in New York, hosted by the Maritime Association of New York, 
on November 12, 1985. The second was a meeting of the Towing Safety 
Advisory Committee Subcommittee on Personnel Manning and Licensing, 
which was held at Coast Guard Headquarters in Washington, DC, on 
December 12, 1985. On June 6, 1988, the Coast Guard published a 
supplemental notice of proposed rulemaking (SNPRM) (53 FR 20654) 
addressing the comments received in response to the NPRM and public 
meetings. The comment period for the SNPRM ended September 6, 1988. 
Sixteen written comments were received regarding the 1988 SNPRM. These 
comments included several recommendations by the Towing Safety Advisory 
Committee (TSAC).
    The length of time between the publication of the SNPRM and this 
rule has been unusually long because of developments associated with 
the grounding of the M/V EXXON VALDEZ and the subsequent enactment of 
the Oil Pollution Act of 1990.
    Therefore, the Coast Guard is publishing this rule as an interim 
final rule as opposed to a final rule in order to provide the public 
another opportunity to comment.
    As a result of the derailment of the Amtrak Sunset Limited 
passenger train at Big Bayou Canot, Alabama on September 22, 1993, the 
Coast Guard established a task force to review, among other issues, the 
adequacy and effectiveness of the licensing requirements for operators 
of uninspected towing vessels. There is no statutory or regulatory 
pilotage requirement for the particular tug and barge combination that 
may have collided with the bridge prior to the derailment, and neither 
the proposed rules nor this interim rule have any applicability to 
these vessels. The proximate cause of the incident is yet undetermined 
and is being investigated by the National Transportation Safety Board 
(NTSB). The NTSB is expected to make recommendations as a result of 
their investigation but these recommendations are not expected to have 
any impact on this rule.

Discussion of Comments and Changes

    The vast majority of the comments received in response to the 1988 
SNPRM dealt with two issues: (1) The grandfathering provision for 
individuals with prior towing experience; and (2) the definition of a 
``coastwise seagoing vessel.''
    Regarding the grandfathering provision, the 1988 SNPRM proposed 
permitting individuals ``with 5 years service on towing vessel 
combinations of at least 5,000 gross tons while acting under the 
authority of a license as master, mate, or operator of uninspected 
towing vessels, with a minimum of 2 of the 5 years having been on 
towing vessel combinations of at least 10,000 gross tons, to obtain 
without a written examination, an endorsement as first class pilot, 
restricted to tug and barge combinations, for those routes over which 
they have made the required number of round trips.'' The intent of this 
proposal was to allow those who have demonstrated their abilities to 
pilot tug and barge combinations to obtain a restricted endorsement as 
first class pilot without completing a written examination.
    The Coast Guard received a number of comments supporting this 
proposal. However, the Coast Guard also received comments in opposition 
to this grandfathering provision, indicating that the Coast Guard 
should not issue a pilot's license to an individual unless that 
individual passed the written examination.
    A number of significant events have occurred since the 1988 SNPRM. 
There have been several major vessel casualties, the most notable of 
which was the EXXON VALDEZ. Pilotage issues and requirements played a 
prominent part in the EXXON VALDEZ investigation. Following the EXXON 
VALDEZ casualty in 1989, Congress enacted the Oil Pollution Act of 1990 
(OPA 90), which includes provisions regarding pilotage.
    As a result of these events, the Coast Guard believes that it is 
inappropriate and not in the best interest of navigational safety to 
issue a first class pilot's license or endorsement without requiring a 
written examination, including a chart sketch. Therefore, the 
grandfathering provision is not adopted in this interim final rule.
    The other major issue in the 1988 SNPRM which received comments was 
the definition of a ``coastwise seagoing vessel'' contained in 46 
U.S.C. 8502. The SNPRM definition of the term ``coastwise seagoing 
vessel'' made the distinction between a vessel authorized by its 
Certificate of Inspection to make voyages only on U.S. internal waters 
and a vessel authorized by its Certificate of Inspection to make 
voyages beyond the Boundary Line.
    The 1988 SNPRM considered a coastwise seagoing vessel as a vessel 
that is authorized by its Certificate of Inspection to proceed beyond 
the Boundary Line. Some comments supported this definition. However, 
other comments and recommendations from TSAC did not support this 
definition, suggesting that pilotage requirements for coastwise 
seagoing vessels should be at least partially tied to the voyage on 
which the vessel is engaged. Those comments and recommendations urged 
the following definition: ``A coastwise seagoing vessel, for purposes 
of the manning of vessels by pilots or for individuals acting as 
pilots, means a vessel authorized by its Certificate of Inspection to 
proceed beyond the Boundary Line, and whose movement in pilotage waters 
relates to a voyage in which the vessel has or will cross the Boundary 
Line.''
    The Coast Guard is adopting the proposal published in the June 6, 
1988 SNPRM, i.e., that a coastwise seagoing vessel for pilotage 
purposes is one that is authorized by its Coast Guard issued 
Certificate of Inspection to proceed beyond the Boundary Line. The 
Coast Guard did not adopt the alternative proposal because that 
definition would have enabled coastwise seagoing vessels to make 
voyages without a pilot within the internal waters of the United 
States, including those waters where most hazards to navigation are 
encountered. Adopting the alternative proposal would have reduced 
pilotage requirements by requiring fewer vessels to use a pilot, 
permitting more vessels to make extensive movements within harbors or 
between ports without the services of a pilot in the exact waters where 
pilotage can be most beneficial.
    Besides the ``grandfathering provision,'' and the definition of a 
``coastwise seagoing vessel,'' the other changes which were proposed in 
the 1988 SNPRM did not receive any substantial comments or criticisms. 
Therefore, the other changes proposed in the 1988 SNPRM are adopted in 
this rule. These other changes include: (1) Describing first class 
pilotage areas where local pilotage expertise is warranted; (2) 
allowing licensed individuals to serve as pilots in areas not 
identified as first class pilotage areas on vessels that they are 
otherwise qualified to control; and (3) requiring a Federal pilot for 
vessels in excess of 1,600 gross tons, propelled by machinery and 
subject to inspection under 46 U.S.C. chapter 33, that are not 
authorized by their Certificate of Inspection to proceed beyond the 
Boundary Line. In addition, quick reference tables for Federal pilotage 
requirements are also being adopted.

Regulatory Evaluation

    This interim final rule is a significant regulatory action under 
Executive Order 12866 and is significant under the Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). However, the Coast Guard expects the economic 
impact of this interim final rule to be so minimal that further 
Regulatory Evaluation is unnecessary.
    This rule defines ``coastwise seagoing vessel'' for pilotage 
purposes, describes first class pilotage areas where local pilotage 
expertise is warranted, and provides quick reference tables for 
pilotage requirements. Additionally, this rule clarifies that a Federal 
pilot is required for vessels in excess of 1,600 gross tons, propelled 
by machinery and subject to inspection under 46 U.S.C. chapter 33, that 
are not authorized by their Certificate of Inspection to proceed beyond 
the Boundary Line.
    This rule codifies current practices. The Coast Guard anticipates 
that the rule will not increase crew size or require increased use of 
pilots since, for the most part, vessels affected by this rule are 
presently required by their Certificate of Inspection to use a Federal 
pilot. Thus, the Coast Guard believes that further evaluation is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this interim final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). The small entities that could be affected 
by this interim final rule are primarily independent operators of tank 
barges and self-propelled vessels. Since this rule, for the most part, 
adopts current practices, the Coast Guard believes that there will be 
no significant economic impact on ``small entities.'' Therefore, 
because it expects the economic impact of this interim final rule to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
interim final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This interim final rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this interim final rule under the 
principles and criteria contained in Executive Order 12612, and has 
determined that this interim final rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment. This rule does not affect existing State pilotage 
requirements, but instead clarifies the Federal pilotage requirements 
for those vessels which, under 46 U.S.C. 8502, are exclusively subject 
to Federal pilotage.

Environment

    The Coast Guard considered the environmental impact of this interim 
final rule and concluded that under section 2.B.2 of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. The rule, which clarifies Federal pilotage 
requirements, is administrative in nature since, by codifying existing 
practices, it permits vessels to continue to operate according to 
current industry practice. Therefore, this is included in the 
categorical exclusion in subsection 2.B.2.1, ``Administrative actions 
or procedural regulations and policies which clearly do not have any 
environmental impact.'' A Categorical Exclusion Determination has been 
placed in the docket.

List of Subjects in 46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

    For the reasons set out in the preamble, the Coast Guard amends 
part 15 of title 46 of the Code of Federal Regulations.

PART 15--MANNING REQUIREMENTS

    1. The authority citation for part 15 is revised 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.

    2. Section 15.301 is amended by adding new definitions for 
``Coastwise seagoing vessel'' and ``Designated areas'' to read as 
follows:


Sec. 15.301  Definition of terms used in this part.

* * * * *
    Coastwise seagoing vessel means a vessel that is authorized by its 
Certificate of Inspection to proceed beyond the Boundary Line 
established in part 7 of this chapter.
* * * * *
    Designated areas means those areas within the navigable waters of 
the United States for which first class pilotage endorsements are 
issued under part 10, subpart G, of this chapter, by the Officer in 
Charge, Marine Inspection (OCMI). The areas for which first class 
pilotage endorsements are issued within a particular Marine Inspection 
Zone and the specific requirements for an endorsement may be obtained 
from the OCMI concerned.
* * * * *
    3. Section 15.812 is revised to read as follows:


Sec. 15.812  Pilots

    (a) Except as specified in paragraph (f) of this section, the 
following vessels, not sailing on register, when underway on the 
navigable waters of the United States, must be under the direction and 
control of an individual qualified to serve as pilot under paragraph 
(b) or (c) of this section as appropriate:
    (1) Coastwise seagoing vessels propelled by machinery and subject 
to inspection under 46 U.S.C. chapter 33, and tank barges subject to 
inspection under 46 U.S.C. chapter 37;
    (2) Vessels that are not authorized by their Certificate of 
Inspection to proceed beyond the Boundary Line established in part 7 of 
this Chapter which are in excess of 1,600 gross tons, propelled by 
machinery, and subject to inspection under 46 U.S.C. chapter 33; and
    (3) Vessels operating on the Great Lakes that are propelled by 
machinery and subject to inspection under 46 U.S.C. chapter 33, or are 
tank barges subject to inspection under 46 U.S.C. chapter 37.
    (b) The following individuals may serve as a pilot for a vessel 
subject to paragraph (a) of this section, when underway on the 
navigable waters of the United States that are designated areas.
    (1) An individual holding a valid first class pilot's license 
issued by the Coast Guard, operating within the restrictions of his or 
her license, may serve as pilot on any vessel to which this section 
applies.
    (2) An individual holding a valid license issued by the Coast Guard 
as master or mate, employed aboard a vessel within the restrictions of 
his or her license, may serve as pilot on a vessel of not more than 
1,600 gross tons propelled by machinery, described in paragraphs (a)(1) 
and (a)(3) of this section, provided he or she:
    (i) Is at least 21 years old;
    (ii) Complies with the currency of knowledge provisions of 
Sec. 10.713 of this chapter; and
    (iii) Has completed a minimum of four round trips over the route to 
be traversed while in the wheelhouse as watchstander or observer. At 
least one of the round trips must be made during the hours of darkness 
if the route is to be traversed during darkness.
    (3) An individual holding a valid license issued by the Coast Guard 
as master, mate, or operator employed aboard a vessel within the 
restrictions of his or her license, may serve as pilot on a tank barge 
or tank barges totalling not more than 10,000 gross tons, described in 
paragraphs (a)(1) and (a)(3) of this section, provided he or she:
    (i) Is at least 21 years old;
    (ii) Complies with the currency of knowledge provisions of 
Sec. 10.713 of this chapter;
    (iii) Has a current physical examination in accordance with the 
provisions of Sec. 10.709 of this chapter;
    (iv) Has at least six months service in the deck department on 
towing vessels engaged in towing operations; and
    (v) Has completed a minimum of twelve round trips over the route to 
be traversed, as an observer or under instruction in the wheelhouse. At 
least three of the round trips must be made during the hours of 
darkness if the route is to be traversed during darkness.
    (c) An individual holding a valid license issued by the Coast Guard 
as master, mate, or operator, employed aboard a vessel within the 
restrictions of his or her license, may serve as a pilot for a vessel 
subject to paragraph (a)(1) and (a)(2) of this section, when underway 
on the navigable waters of the United States that are not designated as 
first class pilotage areas, provided he or she:
    (1) Is at least 21 years old;
    (2) Complies with the currency of knowledge provisions of 
Sec. 10.713 of this chapter; and
    (3) Has a current physical examination in accordance with the 
provisions of Sec. 10.709 of this chapter.
    (d) In any instance when the qualifications of a person satisfying 
the requirements for pilotage through the provisions of this Subpart 
are questioned by the Coast Guard, the individual shall, within a 
reasonable time, provide the Coast Guard with documentation proving 
compliance with the applicable portion(s) of paragraphs (b) and (c) of 
this section.
    (e) Federal pilotage requirements contained in the above paragraphs 
are summarized in two quick reference tables.
    (1) Table 15.812(e)(1) provides a guide to the pilotage 
requirements for inspected, self-propelled vessels.

     Table 15.812(e)(1).--Quick Reference Table for Federal Pilotage    
           Requirements for Inspected, Self-Propelled Vessels           
                         Navigable waters of the  Navigable waters of   
                          U.S. designated as       the U.S. not         
                          first class pilotage     designated as first  
                          waters (routes for       class pilotage waters
                          which First Class        (between the three   
                          Pilot's licenses are     mile line and the    
                          issued)\1\.              start of traditional 
                                                   pilotage routes).    
Inspected self-          First Class Pilot......  Master or Mate may    
 propelled vessels                                 serve as pilot if the
 greater than 1,600 GT,                            individual:          
 authorized by their                              1. Is at least 21     
 Certificate of                                    years old.           
 Inspection (COI) to                              2. Has an annual      
 proceed beyond the                                physical exam.       
 Boundary Line, or                                3. Maintains current  
 operating on the Great                            knowledge of the     
 Lakes.                                            waters to be         
                                                   navigated.           
Inspected self-          First Class Pilot, or    Master or Mate may    
 propelled vessels not    Master or Mate may       serve as pilot if the
 more than 1,600 GT,      serve as pilot if the    individual:          
 authorized by their      individual:.            1. Is at least 21     
 Certificate of          1.Is a least 21 years     years old.           
 Inspection to proceed    old..                   2. Maintains current  
 beyond the Boundary     2. Maintains current      knowledge of the     
 Line, or operating on    knowledge of the         waters to be         
 the Great Lakes.         waters to be             navigated.           
                          navigated..                                   
                         3. Has 4 round trips                           
                          over the route.                               
Inspected self-          First Class Pilot......  Master or Mate may    
 propelled vessels                                 serve as pilot if the
 greater than 1,600 GT,                            individual:          
 not authorized by                                1. Is at least 21     
 their COI to proceed                              years old.           
 beyond the Boundary                              2. Has an annual      
 Line (Inland route                                physical exam.       
 vessels); other than                             3. Maintains current  
 vessels operating on                              knowledge of the     
 the Great Lakes.                                  waters to be         
                                                   navigated.           
Inspected self-          No pilotage requirement  No pilotage           
 propelled vessels not                             requirement.         
 more than 1,600 GT,                                                    
 not authorized by                                                      
 their COI to proceed                                                   
 beyond the Boundary                                                    
 Line (Inland route                                                     
 vessels); other than                                                   
 vessels operating on                                                   
 the Great Lakes.                                                       
\1\Navigable waters of the U.S. for pilotage purposes include all inland
  waters and offshore waters to a distance of 3 nautical miles from the 
  baseline from which the Territorial Sea is measured.                  

    (2) Table 15.812(e)(2) provides a guide to the pilotage 
requirements for tank barges.

     Table 15.812(e)(2).--Quick Reference Table for Federal Pilotage    
                      Requirements for Tank Barges                      
                         Navigable waters of the  Navigable waters of   
                          U.S. designated as       the U.S. not         
                          first class pilotage     designated as first  
                          waters (routes for       class pilotage waters
                          which First Class        (between the three   
                          Pilot's licenses are     mile line and the    
                          issued).\1\.             start of traditional 
                                                   pilotage routes).    
Tank Barges greater      First Class Pilot......  Master, Mate, or      
 than 10,000 GT,                                   Operator may serve as
 authorized by their                               pilot if the         
 Certificate of                                    individual:          
 Inspection to proceed                            1. Is at least 21     
 beyond the Boundary                               years old.           
 Line, or operating on                            2. Has an annual      
 the Great Lakes.                                  physical exam.       
                                                  3. Maintains current  
                                                   knowledge of the     
                                                   waters to be         
                                                   navigated.           
                                                  4. Has at least 6     
                                                   months' service in   
                                                   the deck department  
                                                   on towing vessels    
                                                   engaged in towing.   
Tank Barges 10,000 GT    First Class Pilot or     Master, Mate, or      
 or less, authorized by   Master, Mate, or         Operator may serve as
 their Certificate of     Operator may serve as    pilot if the         
 Inspection to proceed    pilot if the             individual:          
 beyond the Boundary      individual:.            1. Is at least 21     
 Line, or operating on   1. Is at least 21 years   years old.           
 the Great Lakes.         old..                   2. Has an annual      
                         2. Has an annual          physical exam2       
                          physical exam.2.        3. Maintains current  
                         3. Maintains current      knowledge of the     
                          knowledge of the         waters to be         
                          waters to be navigated   navigated (one round 
                          (one round trip within   trip within the past 
                          the past 60 months).     60 months)           
                         4. Has at least 6        4. Has at least 6     
                          months' service in the   months' service in   
                          deck department on       the deck department  
                          towing vessels engaged   on towing vessels    
                          in towing operations.    engaged in towing    
                         5. Has 12 round trips     operations.          
                          over the route..                              
Tank Barges authorized   No pilotage requirement  No pilotage           
 by their Certificate                              requirement.         
 of Inspection for                                                      
 Inland routes only                                                     
 (Lakes, Bays, and                                                      
 Sounds/Rivers); other                                                  
 than vessels operating                                                 
 on the Great Lakes.                                                    
1 Navigable waters of the U.S. for pilotage purposes include all inland 
  waters and offshore waters to a distance of 3 nautical miles from the 
  baseline from which the Territorial Sea is measured.                  
2 Annual physical exam does not apply to an individual who will serve as
  a pilot of a Tank Barge of less than 1,600 gross tons.                

    Dated: January 20, 1994.
J.W. Kime,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 94-2218 Filed 2-1-94; 8:45 am]
BILLING CODE 4910-14-M