[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8372]


[[Page Unknown]]

[Federal Register: April 8, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 35, 78 and 97

[CGD 91-023]
RIN 2115-AE38

 

Authorization for NTSB Officials To Be Allowed in the Pilothouse 
or on the Navigation Bridge of Merchant Vessels While Underway

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the National Transportation Safety Board 
(NTSB), the Coast Guard is amending its regulations prescribing the 
officials that may be allowed in the pilothouse or on the navigation 
bridge of vessels while underway to include NTSB personnel. This access 
is necessary for marine accident investigations and familiarization of 
vessels, navigation procedures, and waterways.

EFFECTIVE DATE: May 9, 1994.

ADDRESSES: Unless otherwise indicated, documents referenced in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street, SW., room 3406, Washington, DC 
20593 between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT:
Mrs. Justine Bunnell, Merchant Vessel Personnel Division, at (202) 267-
0238.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document are Mrs. 
Justine Bunnell, Project Manager, Office of Marine Safety, Security and 
Environmental Protection, and Ms. Helen Boutrous, Project Counsel, 
Office of Chief Counsel.

Regulatory History

    On November 5, 1992, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Authorization for NTSB Officials to be 
Allowed in the Pilothouse or on the Navigation Bridge of Vessels While 
Underway'' in the Federal Register (57 FR 52748). The Coast Guard 
received eight letters commenting on the proposal. A public hearing was 
not requested and one was not held.

Background and Purpose

    Currently, 46 CFR 78.10-1 and 46 CFR 97.10-5 require masters and 
pilots to exclude all persons not connected with the navigation of a 
vessel from the pilothouse and navigation bridge while underway. 
However, certain officials, including those from the United States 
Coast Guard, United States Navy, United States Coast and Geodetic 
Survey, United States Army Corps of Engineers and Maritime 
Administration personnel, may be allowed in the pilothouse or upon the 
navigation bridge upon appropriate authorization. NTSB personnel are 
not among the officials that may be allowed in the pilothouse or upon 
the navigation bridge while underway. The NTSB has requested that the 
regulations be amended to allow NTSB access to the pilothouse and 
navigation bridge of a vessel while underway, in order to enhance the 
investigation of marine accidents. NTSB asserts that allowing NTSB 
access to the pilothouse and navigation bridge while underway would aid 
in waterway and vessel familiarization relating to the investigation of 
specific marine accidents and would aid in NTSB studies of vessels, 
navigation procedures, and waterways.

Discussion of Comments and Changes

    Eight comments were received during the comment period. Several of 
the comments supported the rulemaking as proposed.
    One individual was opposed to allowing anyone on the navigation 
bridge other than those engaged in operation of the vessel. However, it 
is the Coast Guard's position that it is necessary to allow the 
personnel specified in these regulations access to the navigation 
bridges of vessels to ensure effective performance of inspections and 
accident investigations, as well as other educational and safety 
related duties.
    The Board of Commissioners of Pilotage of the State of New Jersey 
requested that the regulations include State Pilotage Commissioners in 
the list of officials that may be allowed on the bridge of a vessel 
while underway. The Coast Guard agrees that certain State officials and 
others involved in the training, regulating, or evaluating of pilots 
should be included in the list of those officials who may be allowed on 
the navigation bridge in accordance with these regulations. Therefore, 
each of the provisions issued in this final rule include not only those 
regularly engaged in learning the profession of pilot, but those 
regularly engaged in training, regulating, or evaluating the profession 
of pilot, in the list of officials that may be allowed upon the 
navigation bridge while underway.
    Two of the comments, including one submitted by the NTSB, requested 
that this rulemaking include vessels regulated by other parts of title 
46 of the Code of Federal Regulations. The NPRM included passenger 
vessels over 100 gross tons, regulated by 46 CFR part 78, subchapter H, 
and cargo and miscellaneous vessels regulated by 46 CFR part 97, 
subchapter I. The Coast Guard agrees that restricting access to the 
bridges of vessels while underway would be appropriate for tank 
vessels. Therefore, the Coast Guard is amending subchapter D by adding 
provisions identical to the regulations being added to subchapters H 
and I by this final rule.

Regulatory Assessment

    This final 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). The Coast Guard expects the economic impact to be 
so minimal that a full Regulatory Assessment is unnecessary. This final 
rule will allow NTSB officials and others to more effectively perform 
their duties. The amendments will have no economic impact on the 
maritime industry.

Small Entities

    This final rule will allow NTSB officials and others to more 
effectively perform their duties. The amendments will have no economic 
impact on the maritime industry. Therefore, the Coast Guard certifies 
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) that this rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This 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 final rule under the principles 
and criteria contained in Executive Order 12612 and had determined that 
this final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. The authority to 
regulate the operations of vessels subject to these regulations is 
committed to the Coast Guard by Federal statutes. The purpose of these 
regulations is to set forth uniform minimum requirements for covered 
vessels operating on the navigable waters of the United States. 
Therefore, the Coast Guard intends that this final rule preempt State 
action that conflicts with these regulations.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under section 2.B.2 of Commandant Instruction 
M16475.1B, this action is categorically excluded from further 
environmental documentation. The amendment involves only operational 
procedures regarding officials that may be allowed in the pilothouse or 
upon the navigation bridge while underway and clearly would have no 
environmental impact. A Categorical Exclusion Determination is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 35

    Cargo vessels, Marine safety, Navigation (water), Occupational 
Safety and health, Reporting and recordkeeping requirements, seaman.

46 CFR Part 78

    Marine safety, Navigation (water), Passenger vessels, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 97

    Cargo vessels, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements.

    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR parts 35, 78 and 97 as follows:

PART 35--OPERATIONS

    1. The authority citation for part 35 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 
U.S.C. App. 1804; E.O. 11735; 38 FR 21243, 3 CFR, 1971-1975 Comp., 
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp. p. 277; 49 CFR 
1.46.

    2. Section 35.01-60 is added to read as follows:


Sec. 35.01-60   Person excluded.

    Masters and pilots shall exclude from the pilothouse and navigation 
bridge while underway, all persons not connected with the navigation of 
the vessel. However, licensed officers of vessels, persons regularly 
engaged in training, regulating, evaluating, or learning the profession 
of pilot, officials of the United States Coast Guard, United States 
Navy, United States Coast and Geodetic Survey, United States Army Corps 
of Engineers, Maritime Administration, and National Transportation 
Safety Board may be allowed in the pilothouse or upon the navigation 
bridge upon the responsibility of the master or pilot.

PART 78--OPERATIONS

    3. The authority citation for part 78 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; 49 U.S.C. 
App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp., p. 793; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    4. Section 78.10-1 is revised to read as follows:


Sec. 78.10-1  Persons excluded.

    Masters and pilots shall exclude from the pilothouse and navigation 
bridge while underway, all persons not connected with the navigation of 
the vessel. However, licensed officers of vessels, persons regularly 
engaged in training, regulating, evaluating or learning the profession 
of pilot, officials of the United States Coast Guard, United States 
Navy, United States Coast and Geodetic Survey, United States Army Corps 
of Engineers, Maritime Administration, and National Transportation 
Safety Board may be allowed in the pilothouse or upon the navigation 
bridge upon the responsibility of the master or pilot.

PART 97--OPERATIONS

    5. The authority citation for part 97 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; 49 U.S.C. 
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    6. Section 97.10-5 is revised to read as follows:


Sec. 97.10-5  Persons excluded.

    Masters and pilots shall exclude from the pilothouse and navigation 
bridge while underway, all persons not connected with the navigation of 
the vessel. However, licensed officers of vessels, persons regularly 
engaged in training, regulating, evaluating, or learning the profession 
of pilot, officials of the United States Coast Guard, United States 
Navy, United States Coast and Geodetic Survey, United States Army Corps 
of Engineers, Maritime Administration, and National Transportation 
Safety Board may be allowed in the pilothouse or upon the navigation 
bridge upon the responsibility of the master or pilot.

    Dated: April 1, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security 
and Environmental Protection.
[FR Doc. 94-8372 Filed 4-7-94; 8:45 am]
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