[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
[Rules and Regulations]
[Pages 20651-20654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10231]



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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: 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 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.

EFFECTIVE DATE: May 30, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to 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 
20593-0001 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: Mr. John R. Bennett, Merchant Vessel 
Personnel Division (G-MVP/12), Room 1210, U.S. Coast Guard 
Headquarters, 2100 Second Street, S.W., Washington, D.C. 20593-0001, 
telephone (202) 267-6102.

SUPPLEMENTARY INFORMATION:

Drafting Information

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

Regulatory History

    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 that 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, D.C., 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. Those 
comments included several recommendations by the Towing Safety Advisory 
Committee (TSAC).
    On February 2, 1994, the Coast Guard published an interim final 
rule entitled Licensing of Pilots; Manning of Vessels by Pilots in the 
Federal Register (59 FR 4839). The Coast Guard received six letters 
commenting on the interim final rule. No public hearing was requested, 
and none was held.

Background and Purpose

    Normally, foreign vessels and U.S. vessels operating on a registry 
endorsement are under State pilotage authority, and U.S. vessels 
operating on a coastwise endorsement are under Federal pilotage 
authority. The regulations addressed in this rule deal only with 
Federal pilotage.

Discussion of Comments and Changes

    Six letters commenting on the interim final rule were received. 
Some of the comments addressed in these letters raised issues that were 
not the subject of this rulemaking. The Coast Guard is responding only 
to those comments relating to this rulemaking.
    One comment suggested that there should be only ``designated'' 
pilotage areas because otherwise the Coast Guard would be reducing 
pilotage requirements for tank barges. The Coast Guard is not reducing 
pilotage requirements for tank barges or any other vessels in this 
rulemaking.
    Another comment stated that ``the local pilotage rules are 
excessive with regard to the round trip required in non-designated 
areas.'' This rule places a Federal pilotage requirement on inland 
route self-propelled vessels greater than 1,600 gross tons. The only 
other change required by this rule is to require the master, mate or 
operator of a coastwise seagoing vessel to have made one round trip in 
the non-designated areas of pilotage waters within the past five years 
in order to satisfy the pilotage requirement for that area. The Coast 
Guard does not believe these additional pilotage requirements are 
excessive.
    Several members of the small passenger vessel industry indicated 
that they are opposed to the rule because it places a new pilotage 
requirement on their vessels. The interim final rule does not establish 
a new pilotage requirement for small passenger vessels. Existing 
pilotage regulatory requirements for these vessels were established in 
the 1985 Final Rule (50 FR 26106) and in earlier rules. A vessel has a 
Federal pilotage requirement if it is a coastwise seagoing vessel, not 
sailing on register, and underway, not on the high seas. This rule does 
not create a pilotage requirement for certain small passenger vessels, 
the requirement already exists.
    Another comment stated that while it is clear in the quick 
reference table that a coastwise seagoing tank barge requires a pilot, 
the text of the regulation does not specifically indicate that it is a 
``coastwise seagoing'' tank barge that requires a pilot, and suggested 
that the text of the regulation be modified to agree with the quick 
reference table. The Coast Guard agrees, and the words ``coastwise 
seagoing'' are being added to the text of the regulation in 
Sec. 15.812(a)(1).
    The same comment also suggested that the ``designated'' areas be 
compiled and published in the Code of Federal Regulations. The Coast 
Guard does not agree. This information can be readily obtained from the 
local Coast Guard Captain of the Port (COTP).
    The Coast Guard is adopting the interim final rule as published 
with some minor technical changes. First, the [[Page 20652]] Coast 
Guard is defining the term ``pilotage waters'' in the definition 
section as opposed to a footnote in the reference tables.
    Second, the Federal Register inadvertently omitted five asterisks 
in the amendatory language in the interim final rule. As a result, 
paragraphs (f) and (g) from 46 CFR 15.812 were deleted in error. This 
clerical error has been corrected in the final rule. Third, the Coast 
Guard is revising the headings to the quick reference tables to clarify 
that designated and non-designated areas are pilotage waters. Lastly, 
the Coast Guard has inserted the words ``coastwise seagoing'' in 
15.812(a)(1) before the term ``tank barges'' to clarify that the rule 
applies only to coastwise seagoing tank barges.

Assessment

    This rule is a significant regulatory action under section 3(f) of 
Executive Order 12866 and has been reviewed by the Office of Management 
and Budget under that order. It requires an assessment of potential 
costs and benefits under section 6(a)(3) of that order. It is 
significant under the regulatory policies and procedures of the 
Department of Transportation (44 FR 11040; February 26, 1979). This 
rule is significant because it clarifies when a vessel is required to 
use the services of a Federally licensed pilot, and at one time was 
controversial.
    The Coast Guard expects the economic impact of this rule to be 
minimal. 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, and there are no expected 
increases in costs. Therefore, no additional assessment is necessary. 
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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this 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 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, the Coast 
Guard certifies under 5 U.S.C. 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 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 has determined 
that this 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 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 is 
adopting the interim final rule published at 59 FR 4839 on February 22, 
1994, as final with the following changes:

PART 15--MANNING REQUIREMENTS

    1. The authority citation for part 15 continues 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.

    1a. In Sec. 15.301(a), the definition for designated areas is 
revised and a definition for pilotage waters is added in alphabetical 
order to read as follows:


Sec. 15.301  Definition of terms used in this part.

* * * * *
    Designated areas means those areas within pilotage waters for which 
first class pilot's licenses or 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 pilot's licenses or 
endorsements are issued within a particular Marine Inspection Zone and 
the specific requirements to obtain them may be obtained from the OCMI 
concerned.
* * * * *
    Pilotage waters means the navigable waters of the United States, 
including all inland waters and offshore waters to a distance of three 
nautical miles from the baseline from which the Territorial Sea is 
measured.
* * * * *
    2. Section 15.812(a)(1) is revised to read as follows:


Sec. 15.812  Pilots.

    (a) * * *
    (1) Coastwise seagoing vessels propelled by machinery and subject 
to inspection under 46 U.S.C. Chapter 33, and coastwise seagoing tank 
barges subject to inspection under 46 U.S.C. Chapter 37;
* * * * *
    3. Section 15.812(e) is revised to read as follows:


Sec. 15.812  Plots.

    (e) Federal pilotage requirements contained in paragraphs (a) 
through (d) of this section 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.

                                                                                                                
[[Page 20653]]                                                                                                  
     Table 15.812(e)(1).--Quick Reference Table for Federal Pilotage    
 Requirements for U.S. Inspected Self-Propelled Vessels, Not Sailing on 
                                Register                                
------------------------------------------------------------------------
                                                  Nondesignated areas of
                           Designated areas of        pilotage waters   
                         pilotage waters (routes    (between the three  
                          for which First Class      mile line and the  
                           Pilot's licenses are    start of traditional 
                                 issued)             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.\1\        
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 at 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.\1\        
                          navigated.\1\                                 
                         3. Has 4 round trips                           
                          over the route.\2\                            
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.\1\        
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\One round trip within the past 60 months.                            
\2\If the route is to be traversed during darkness, 1 of the 4 round    
  trips must be made during darkness.                                   

    (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 U.S. Inspected Tank Barges, not Sailing on Register  
------------------------------------------------------------------------
                                                  Nondesignated areas of
                           Designated areas of        pilotage waters   
                         pilotage waters (routes    (between the three  
                          for which First Class      mile line and the  
                           Pilot's licenses are    start of traditional 
                                 issued)             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.\1\    
                                                  3. Maintains current  
                                                   knowledge of the     
                                                   waters to be         
                                                   navigated.\2\        
                                                  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 exam.\1\    
                          physical exam.\1\       3. Maintains current  
                         3. Maintains current      knowledge of the     
                          knowledge of the         waters to be         
                          waters to be             navigated.\2\        
                          navigated.\2\           4. Has at least 6     
                         4. Has at least 6         months' service in   
                          months' service in the   the deck department  
                          deck department on       on towing vessels    
                          towing vessels engaged   engaged in towing    
                          in towing operations.    operations.          
                         5. Has 12 round trips                          
                          over the route.\3\                            
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\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.             
\2\One round trip within the past 60 months.                            
\3\If the route is to be traversed during darkness, 3 of the 12 round   
  trips must be made during darkness.                                   

    4. Section 15.812(f) is added to read as follows:
    (f) In Prince William Sound, Alaska, coastwise seagoing vessels 
over 1,600 gross tons and propelled by machinery and subject to 
inspection under 46 U.S.C. Chapter 37 must:
    (1) When operating from 60 deg.49' North latitude to the Port of 
Valdez be under the direction and control of a federally licensed pilot 
who: [[Page 20654]] 
    (i) Is operating under the Federal license;
    (ii) Holds a license issued by the State of Alaska; and
    (iii) Is not a member of the crew of the vessel.
    (2) Navigate with either two licensed deck officers on the bridge 
or a federally licensed pilot when operating South of 60 deg.49' North 
latitude and in the approaches through Hinchinbrook Entrance and in the 
area bounded:
    (i) On the West by a line one mile west of the western boundary of 
the Traffic Separation Scheme;
    (ii) On the East by 146 deg.00' West longitude;
    (iii) On the North by 60 deg.49' North latitude; and
    (iv) On the South by that area of Hinchinbrook Entrance within the 
territorial sea bounded by 60 deg. 07' North latitude and 146 deg.31.5' 
West longitude.

    Dated: March 17, 1995.
Robert E. Kramek,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 95-10231 Filed 4-26-95; 8:45 am]
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