[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8308-8309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3663]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[CGD 94-041]
RIN 2115-AE92


Radar-Observer Endorsement for Operators of Uninspected Towing 
Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule; reopening of comment period.

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SUMMARY: On October 26, 1994 (59 FR 53754), the Coast Guard published 
an interim rule establishing radar-training requirements for licensed 
masters, mates, and operators of radar-equipped uninspected towing 
vessels 8 meters (approximately 26 feet) or more in length. Under the 
interim rule, on February 15, 1995, these licensed persons would be 
required to hold either an endorsement as a radar observer or, if 
holding a valid license issued before February 15, 1995, a certificate 
from a Radar-Operation course. In response to comments from members of 
the regulated public, the Coast Guard is amending the interim rule to 
change the date on which the radar-observer endorsement or the Radar-
Operation course certificate will be required from February 15, 1995, 
to June 1, 1995. The Coast Guard is also reopening the comment period 
to solicit additional public involvement in this rulemaking.

DATES: This interim rule is effective on February 14, 1995. Comments 
must be received before June 1, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA, 3406) (CGD 94-041), 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, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Spears, Jr., Project 
Manager, Office of Marine Safety, Security, and Environmental 
Protection (G-MVP-3), (202) 267-0224, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 94-041) and the specific section of this 
rule to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this rule in view of the comments.

Drafting Information

    The principal persons involved in the drafting of this document are 
Mr. Robert S. Spears, Jr., Project Manager, Office of Marine Safety, 
Security, and Environmental Protection, Mr. Patrick J. Murray, Project 
Counsel, Office of the Chief Counsel, and Commander Thomas Cahill, 
Office of the Chief Counsel.

Regulatory Information

    This rule amends an interim rule issued by the Coast Guard on 
October 26, 1994 (59 FR 53754). Comments received from members of the 
regulated public have indicated that difficulties were encountered in 
obtaining the required training in the time allowed. This rule amends 
the date by which a license endorsement or a certificate of training 
must be obtained, and relieves a potential burden on members of the 
regulated public by providing additional time to achieve compliance. It 
should not adversely affect navigation safety. Therefore, under 5 
U.S.C. 553(d)(3), the Coast Guard certifies that good cause exists for 
this rule to be effective upon publication.

Background

    Following the derailment of the Amtrak Sunset Limited, with 
extensive injury and loss of life, on September 22, 1993, the Coast 
Guard conducted a study of uninspected towing vessel safety. The study 
made a number of recommendations for improving safety in the towing 
industry. One of the recommendations was to require radar observer 
training and endorsements for operators of radar-equipped uninspected 
towing vessels 8 meters (approximately 26 feet) or more in length. That 
recommendation was approved, and on October 26, 1994 (59 FR 53754), the 
Coast Guard published an interim rule establishing requirements for 
radar training. The interim rule also added topics to the list of 
required subjects taught in approved radar-training courses that must 
be completed in order to receive a radar-observer endorsement.
    The interim rule went into effect on November 25, 1994. However, to 
provide a reasonable opportunity for affected persons to complete the 
training and obtain the required endorsements, 46 CFR 15.815(c) 
provided that the endorsement was required only for those licenses to 
be issued after February 15, 1995. Persons holding valid licenses 
issued prior to February 15, 1995, would be required to undergo basic 
radar training and receive a certificate of completion for that 
training prior to February 15, 1995. Without the endorsement or 
certificate of completion, after February 15, 1995, no person may serve 
as a master, mate, or operator of a radar-equipped towing vessel, 8 
meters (approximately 26 feet) or more in length, required to have a 
licensed operator. For a person holding a license issued before 
February 15, 1995, the additional training needed to qualify for a 
radar-observer endorsement would then be required before the individual 
renewed or upgraded his or her license.
    The comment period for the interim rule closed on January 24, 1995. 
Prior to the close of the comment period, the Coast Guard received over 
300 comments. A number of the comments expressed concern that the 
required training would not be available before February 15, 1995. 
Therefore, to relieve this potential burden, the Coast Guard is 
amending the interim rule. The Coast Guard will also continue to 
evaluate the comments received on this rulemaking.

Discussion of Amendment

    This rule changes the date in 46 CFR 15.815(c) by which a radar-
observer endorsement or certificate of training must be received from 
February 15, 1995 to June 1, 1995. This extension permits affected 
mariners who are not able to complete radar training by February 15 to 
continue to operate legally. Further, the related reopening of the 
comment period provides a greater [[Page 8309]] opportunity for comment 
on the interim rule.
    Mariners opting for the Radar-Operation courses in lieu of radar-
observer courses approved by the Coast Guard may renew or upgrade their 
licenses (to be issued before June 1, 1995) before completing Radar-
Operation courses. Upon completion of such courses they must hold the 
courses' certificates with their licenses.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This rule 
relieves a potential regulatory burden by providing additional time for 
persons subject to the rule to obtain required training. It does not 
significantly change the regulatory evaluation contained in the interim 
rule published October 26, 1994 (59 FR 53754).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    This rule relieves a potential regulatory burden by providing 
additional time for persons subject to the rule to obtain required 
training, and should have no economic impact on small entities. As 
discussed in the interim rule, the Coast Guard expects that the burdens 
of complying with the interim rule will fall on individuals, rather 
than on small entities. This change may provide any affected small 
entities with additional flexibility in scheduling required training 
and result in some economic benefit. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this rule will have a significant economic 
impact on your business or organization, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and in what way and to 
what degree this rule will economically affect it.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this proposal is categorically excluded from further 
environmental documentation. This rule is an administrative matter 
involving personnel training and licensing and clearly has no 
environmental impact. A ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying here indicated under 
ADDRESSES.

List of Subjects in 46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.
    For the reasons set forth in the preamble, the Coast Guard amends 
46 CFR part 15 as follows:

PART 15--MANNING REQUIREMENTS

    1. The citation of authority for part 15 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3703, 8502; 49 CFR 1.45, 1.46.


Sec. 15.815  [Amended]

    2. In Sec. 15.815, paragraph (c) is revised to read as follows:
* * * * *
    (c) On or after June 1, 1995, each person having to be licensed 
under 46 U.S.C. 8904(a) for employment or service as master, mate, or 
operator on board an uninspected towing vessel of 8 meters 
(approximately 26 feet) or more in length shall, if the vessel is 
equipped with radar, hold--
    (1) A valid endorsement as radar observer; or,
    (2) If the person holds a valid license dated before June 1, 1995, 
a valid certificate from a Radar-Operation course.

    Dated: February 2, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-3663 Filed 2-13-95; 8:45 am]
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