[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5277]
[[Page Unknown]]
[Federal Register: March 8, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 10 and 15
[CGD 81-059a]
RIN 2115-AB91
Licensing of Officers and Operators for Mobile Offshore Drilling
Units
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: In an interim final rule published on April 18, 1990, (55 FR
14792), the Coast Guard amended the regulations concerning the
licensing of officers on mobile offshore drilling units (MODUs) and the
manning of these vessels. The rulemaking implemented National
Transportation Safety Board (NTSB) recommendations for the
establishment of personnel qualifications and manning regulations for
MODUs. These minimum standards were intended to ensure that licensed
individuals on board MODUs are qualified to deal with specific marine
safety matters. This rule adopts the interim final rule with minor
changes.
EFFECTIVE DATE: This rule is effective on April 7, 1994.
FOR FURTHER INFORMATION CONTACT:
Mr. Paul W. Eulitt, Project Manager, Office of Marine Safety, Security
and Environmental Protection, (G-MVP), phone (202) 267-0224.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Paul W. Eulitt, Project Manager, Office of Marine Safety, Security and
Environmental Protection, and Mr. Nicholas Grasselli, Project Counsel,
Office of Chief Counsel.
Regulatory History
On August 8, 1983, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Licensing of Officers and Operators and
Registration of Staff Officers'' in the Federal Register, (48 FR
35920), proposing to completely revise the licensing regulations in
part 10 of title 46 Code of Federal Regulations. Included in the NPRM
were proposed rules formalizing the requirements for MODU industry
licenses.
As a result of comments received concerning the licensing and
manning requirements for MODU's, the Coast Guard published a separate
supplemental notice of proposed rulemaking (SNPRM) on October 24, 1985,
(50 FR 43366) addressing these issues.
An interim final rule (IFR) was published on October 16, 1987 (52
FR 38660). Comments received in response to this IFR indicated a need
to re-address several issues related to MODU licensing and manning. A
notice suspending the IFR's effective date was published on February
28, 1989 (54 FR 8334).
A second SNPRM published May 17, 1989 (54 FR 21246), proposed to
revise the offshore installation manager qualifications and MODU
manning levels. It also proposed a procedure by which unlicensed
individuals currently serving in positions requiring licenses could
obtain the required credentials.
A second IFR published on April 18, 1990, (55 FR 14792), adopted
the second SNPRM with minor changes and permitted the public the
opportunity to submit additional comments on this rulemaking. The Coast
Guard received 5 letters commenting on the IFR.
A public hearing was not requested and one was not held.
Background and Purpose
Public Law 96-378 (codified as 46 United States Code 7101(d))
requires the establishment, where possible, of suitable career
patterns, service and qualifying requirements, and substitution of
training time and courses of instruction for sea service on deck or in
the engine department. This places responsibilities on the Coast Guard
for modifying many sections of our licensing regulations.
The Coast Guard has long recognized the need for special licenses
adapted to the unique operations associated with MODUs. In response to
a number of major marine casualties on U.S. flag MODUs, investigations
were conducted by the NTSB and the Coast Guard marine boards of
investigation. These investigations concluded that current Coast Guard
regulations did not adequately address the unique characteristics
inherent in the offshore oil drilling industry. These investigation
reports recommended that the Commandant of the Coast Guard promulgate
personnel qualification and manning regulations for MODUs. Therefore,
the Coast Guard, with industry assistance proposed regulations enabling
personnel serving in the offshore drilling industry to qualify for
licenses.
The purpose of this rulemaking is to adopt as final the IFR
published in the Federal Register (55 FR 14792) on April 18, 1990,
entitled ``Licensing of Officers and Operators for Mobile Offshore
Drilling Units''. This rulemaking also makes minor changes adopting
recommendations provided in the comments received to the IFR.
Discussion of Comments and Changes
The Coast Guard appreciates the effort expended by the offshore
drilling industry and other interested parties in commenting on this
rulemaking. As addressed below, several commenters expressed similar
opinions on specific issues.
1. Time Limitation for Conversion of Existing MODU Licenses
Two comments indicated that the IFR was unclear as to how long a
holder of a license could convert an existing Master or Mate MODU
license to either one of three licenses: (1) Offshore Installation
Manager (OIM); (2) Barge Supervisor (BS); or (3) Ballast Control
Operator (BCO). The holder of an ``old'' MODU license will continue to
be able to convert the ``old'' MODU license as long as the holder comes
forward prior to the end of the one year grace period after the
expiration of their existing license (five years from the date of
issue) and the holder provides the appropriate required training
certificates. Thus, a license can be converted at any time after July
1, 1990, until the license lapses. Once the license has lapsed, an
applicant must follow the procedures for re-issuance of a license and
comply with the new requirements.
These same two comments also expressed a concern that license
holders would not get the word about converting to the ``new'' MODU
license prior to expiration of their ``old'' license. Comments
requested that the Coast Guard notify all MODU license holders by
letter of their opportunity to convert their ``old'' license. The Coast
Guard believes that the holder of a license has the responsibility for
the timely renewal of a license and believes it would be inefficient
for the Coast Guard to attempt to contact and inform all license
holders about this rulemaking. However, the Coast Guard intends to
publish articles in ``Proceedings of the Marine Safety Council'' as
well as in industry magazines and newsletters addressing changes
published in the Federal Register on licensing requirements. Also, the
Coast Guard will keep the membership of the National Offshore Safety
Advisory Committee advised of initiatives effecting the licensing
requirements for industry personnel.
2. Stability Courses
Two comments were received regarding the applicant's requirement to
complete a training course on MODU stability. One comment requested a
waiver of the requirement to complete a stability training course for
applicants until July 1, 1995, similar to what had been done with the
MODU survival suit/craft training. When this comment was received, the
Coast Guard had not yet developed specific guidelines for MODU
stability courses. Since publication of the IFR, the Coast Guard
developed MODU stability course guidelines and approved numerous MODU
stability training courses sufficient to meet the demand of the
industry. Therefore, the Coast Guard is retaining the requirement for
individuals to complete approved MODU stability training prior to
converting or obtaining an original MODU license. The second comment
suggested that since specific MODU stability course guidelines had not
been developed, the Coast Guard should accept certificates of
completion from all presently approved MODU stability courses to
satisfy this requirement. The Coast Guard agrees and will accept a
certificate from an applicant to meet the licensing requirement for the
successful completion of a presently approved MODU stability course.
3. Licensing and Manning Requirements for Tension Leg Platforms (TLPs)
The Coast Guard received a comment which requested that all
requirements for licensing and manning of TLPs be suspended until
specific TLP requirements could be developed. Essentially, the TLP is a
site specific buoyant outer continental shelf facility securely and
substantially moored so that it cannot be moved without special effort
and not intended for periodic relocation. In contrast, a MODU is a
buoyant vessel not site specific and capable of getting underway under
its own power without assistance to an alternate site. Even though
there are some significant differences between a MODU and a TLP, a TLP
still has characteristics of conventional MODUs. Although the TLP is a
new and unique offshore facility, the Coast Guard considers it a vessel
and believes it inappropriate to altogether suspend licensing and
manning requirements for TLPs. Due to the limited number of TLPs
presently in operation, the local Officer in Charge of Marine
Inspection (OCMI) will continue to consider TLP manning on a case by
case basis. Therefore, an individual assigned on board a TLP will
continue to be required to hold an endorsement for TLPs on an existing
MODU license until specific sea service and training requirements can
be developed.
The Coast Guard will review on a case by case basis the
qualifications and training recommendations to determine whether there
is a need to require specific license and manning regulations for TLPs.
Because of the unit's unique mooring design, a stability training
course specific to TLPs or, when in the operating mode, a weight
distribution and tendon tension monitoring training may be more
appropriate than conventional stability training for a TLP license.
However, when a TLP is underway, a licensed individual is required to
have completed an appropriate stability training course for the
position held.
4. Service Requirement on Self-Propelled Vessels for MODU Engineer
Licenses
One comment requested that the Coast Guard delete the self-
propelled service requirement on MODUs for engineering licenses. The
Coast Guard disagrees and believes that engineers must have propulsion
machinery experience to ensure the safety of self-propelled MODUs
operating in a marine environment. Therefore, the requirement for a
portion of the sea service time for a license as engineer (MODU) will
continue to include experience assigned to self-propelled units fitted
with propulsion machinery.
The Coast Guard recognizes the difficulty some applicants
experience in obtaining the required self-propelled service Therefore,
the Coast Guard is adopting a provision in this rule to enable those
applicants unable to meet the service requirement for self-propelled
units to be issued a license limited to non-self-propelled units.
If an applicant has obtained the total sea service required to
qualify for a MODU engineering license without having satisfied that
portion of the service required on board self-propelled or propulsion
assisted units, then the OCMI may allow those individuals to complete a
modified examination and if successfully passed be issued a license
limited to non-self-propelled units. Upon presentation of the required
self-propelled sea service and completion of any examination
deficiencies, the non-self-propelled limitation may be removed.
5. Acceptance of Foreign Training Courses
Three comments were received urging the ``acceptance'' of foreign
training courses. Suggestions recommended that either a joint Coast
Guard/industry panel be created as a mechanism for review and
acceptance of foreign courses or accept those training programs which
have received approval by the foreign coastal state administration
where the course is offered. Previously, the Coast Guard has required
the industry to demonstrate that a shortage exists of domestically
located Coast Guard approved courses and the economic justification is
sufficient to allow for approval or acceptance of courses overseas. The
Coast Guard has been reluctant to approve courses offered overseas
because it has neither the oversight authority or resource capability
to conduct an approval program for courses offered worldwide.
Recognizing the introduction of international standards for
seafarers and the increased level of U.S. maritime industry activity
overseas, the Coast Guard may consider the acceptance of foreign
courses similar to domestically approved courses. The Coast Guard will
study the appropriateness of accepting or approving foreign training
courses when it conducts the next review of the course approval
process. Consideration will be given to ensure that sufficient
resources are allocated to properly perform the oversight
responsibilities of a foreign course acceptance/approval program.
6. Unlimited Master Examination Requirement for OIM Endorsements
One comment requested that the Coast Guard not require the holder
of a license as ``Master, oceans, any gross tons'' to complete
additional examination requirements in order to obtain an OIM
endorsement. The Coast Guard agrees that the professional competence of
an individual who has obtained an unlimited license as master has
already been successfully established to the satisfaction of the Coast
Guard. Therefore, an unlimited licensed master who possesses the
minimum sea service for any of the various OIM endorsements, and
completes the required Coast Guard approved courses, is qualified to
have the appropriate endorsement added to the license without
examination.
7. MODU License Application Evaluation Offices
In order to keep evaluations consistent, the IFR restricted MODU
license application approvals to the Coast Guard Regional Examination
Center (REC) in New Orleans until July 1, 1992. Although no comments
were received regarding MODU license evaluation offices, applications
may now be submitted for evaluation and examinations administered at
any REC.
Regulatory Evaluation
This rule is not a significant regulatory action under Executive
Order 12866 and is not significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979). A full regulatory evaluation was prepared and
placed in the rulemaking docket. It may be inspected or copied at the
Marine Safety Council (G-LRA-2/36) [CGD 81-059a], Room 3600, U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001,
from 8 a.m. to 3 p.m.
The costs associated with this rulemaking are primarily related to
the training of MODU personnel. It requires individuals serving in
certain responsible positions aboard MODUs (self-propelled or non-self-
propelled) to obtain a Coast Guard issued license or endorsement that
authorizes them to serve in those positions. Individuals assigned to
these positions on MODUs will have to meet licensing qualifications
which include specific length of service experience on board MODUs,
completion of training courses, physical standards and a professional
examination. The training and qualifications contained in this rule,
were strongly recommended by the National Transportation Safety Board
and supported by the mobile offshore drilling industry and the
international community.
The costs associated with licensing and qualification of the
personnel in positions of responsibility on MODUs are relatively
insignificant when compared to typical MODU construction costs and
operating fees. Implementation of this requirement will not increase
manning requirements on MODUs but rather set a standard for training
and level of experience for licensed individuals assigned to MODUs.
Most drilling companies already require high standards of experience
and training for individuals serving aboard their mobile offshore
units. Therefore, since this rulemaking does not require any major
expenditures by the maritime industry, consumers, Federal, state or
local governments, it is not expected to have a significant economic
impact.
Small Entities
This rule applies to licenses for individuals only. The effect will
formalize the requirements to attend industry-specific training. Such
training was optional for individuals serving aboard MODUs. Because
this rule is essentially procedural and will permit the drilling
companies to operate according to current, long-standing industry
practice, the economic impact of this action is expected to be minimal.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This rule contains collection of information requirements.
Individuals seeking MODU licenses will be required to apply for a
license and provide certificates as evidence of having successfully
completed the required training. The certificate will be supplied by
the training facilities which provide the course(s). The Coast Guard
submitted the requirements to the Office of Management and Budget (OMB)
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB has
approved them. The section numbers are in Sec. 10.107, and
Secs. 10.470, 10.472, 10.474, 10.542, and 10.544 and the corresponding
OMB approval number is OMB Control Number 2115-AB91. The time required
to comply with this requirement is inconsequential.
Federalism
The Coast Guard has analyzed this rulemaking under the principles
and criteria contained in Executive Order 12612 and has determined that
this action does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment. This final rule adopts a
new licensing structure for licensed officers aboard MODUs and provides
for safe manning of these vessels. This action was necessary to
establish personnel qualifications and manning regulations for this
type of vessel particular to the offshore drilling industry. Compliance
with these minimum standards will ensure that properly trained and
qualified individuals are on board MODUs to perform the daily marine
safety related matters. The Coast Guard is preempting any state action
addressing this same subject matter.
Environment
The Coast Guard considered the environmental impact of this 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 is procedural in nature and
permits the affected vessels to continue to operate according to
current industry practice. Therefore, this rule 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 10 and Part 15
Marine safety, Navigation (water), Reporting and record keeping
requirements, Seamen, Vessels and mobile offshore drilling units.
In consideration of the foregoing, the interim rule amending 46 CFR
parts 10 & 15 which was published at 55 FR 14792 on April 18, 1990, is
adopted as a final rule with the following changes.
1. Section 10.542 is amended by adding paragraph (c) to read as
follows:
Sec. 10.542 License for chief engineer (MODU).
* * * * *
(c) If an applicant successfully completes a modified examination
and possesses the total required sea service for a license as chief
engineer (MODU), but does not possess the required sea service on board
self-propelled or propulsion assisted units, the OCMI may issue the
applicant a license limited to non-self-propelled units. The OCMI may
remove the limitation upon presentation of satisfactory evidence of the
required self-propelled sea service and completion of any additional
required examination.
2. Section 10.544 is amended by adding paragraph (c) to read as
follows:
Sec. 10.544 License for assistant engineer (MODU).
* * * * *
(c) If an applicant successfully completes a modified examination
and possesses the total required sea service for a license as an
assistant engineer (MODU), but does not possess the required sea
service on board self-propelled or propulsion assisted units, the OCMI
may issue the applicant a license limited to non-self-propelled units.
The OCMI may remove the limitation upon presentation of the
satisfactory evidence of the required self-propelled sea service and
completion of any additional required examination.
3. Section 10.903 is amended by redesignating existing paragraphs
(b)(1) through (b)(3) as (b)(2) through (b)(4) respectively and by
adding a new paragraph (b)(1) to read as follows:
Sec. 10.903 Licenses requiring examinations.
* * * * *
(b) * * * (1) Master ocean any gross tons when adding an
endorsement as Offshore Installation Manager.
* * * * *
Dated: March 1, 1994.
A.E. Henn,
Rear Admiral, Coast Guard, Chief, Office of Marine Safety, Security and
Environmental Protection.
[FR Doc. 94-5277 Filed 3-7-94; 8:45 am]
BILLING CODE 4910-14-M