[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Rules and Regulations]
[Pages 63213-63235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29832]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 15

[USCG-1999-6224]
RIN 2115-AF23


Licensing and Manning for Officers of Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard establishes requirements for licensing 
mariners who operate towing vessels, whether inspected or uninspected. 
This interim rule creates new licenses with levels of qualification and 
with enhanced training and operating experience, including practical 
demonstrations of skill; it also ensures that all towing vessels will 
be manned by officers holding licenses specifically authorizing their 
service. It should improve navigational safety for towing vessels. 
Please note that the interim rule is identified by a new docket number, 
because the docket for this rulemaking has been transferred to the 
Department of Transportation docket which can be reviewed on the 
Internet. To comment on the interim rule, follow the procedures 
described in the ADDRESSES section.

DATES: This interim rule is effective November 20, 2000. Comments and 
related material must reach the Docket Management Facility on or before 
February 17, 2000. Comments sent to the Office of Management and Budget 
(OMB) on collection of information (OMB Control No. 2115-0623) must 
reach OMB on or before January 18, 2000.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-1999-6224), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
Lieutenant Commander Luke Harden, Office of Operating and Environmental 
Standards (G-MSO), 202-267-0229; e-mail LH[email protected]. For 
questions on viewing or submitting material to the docket, call Dorothy 
Walker, Chief, Dockets, Department of Transportation, telephone 202-
366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [USCG-1999-
6224], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, delivery, fax, or electronic means 
to the Docket Management Facility at the address under ADDRESSES; but 
please submit your comments and material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request

[[Page 63214]]

for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    On June 19, 1996, we published a notice of proposed rulemaking 
(NPRM) in the Federal Register (61 FR 31332). In preparing this interim 
rule, the Coast Guard decided to place this project within the 
Department of Transportation Docket Management System. This 
administrative shift makes the material used to develop this rule more 
available to the public. Although it also changes the docket number, it 
does not alter the fact that this is the same rulemaking begun under 
Docket Number CGD 94-055. Please follow the procedures outlined in 
DATES and ADDRESSES when submitting comments on this rule. The NPRM 
proposed updates to the licensing, training, and qualifications of 
operators of towing vessels to reduce marine casualties. A more 
detailed treatment of the following matters appeared in the preamble to 
the NPRM.
    The NPRM was an essential part of a comprehensive initiative 
undertaken by us to improve navigational safety for towing vessels. It 
followed our report directed by the Secretary of Transportation, 
entitled ``Review of Marine Safety Issues Related to Uninspected Towing 
Vessels'' (``the Review''). The Review identified improvements in 
licensing, training, and qualifications of operators of uninspected 
towing vessels (OUTVs) necessary to improve safety.
    As the NPRM stated, the Secretary of Transportation had initiated 
the Review after the allision in September, 1993, of a towing vessel 
and its barges with a railroad bridge near Mobile, Alabama (``Amtrak 
casualty''). The National Transportation Safety Board (NTSB) had 
attributed this casualty, at least in part, to the Coast Guard's 
failure to establish higher standards for the licensing of inland 
operators of towing vessels. The Review; a previous Coast Guard study 
entitled ``Licensing 2000 and Beyond'' (``Licensing 2000''); and other 
research had concluded that the requirements on licensing, training, 
and qualifications of personnel that operate towing vessels were 
outdated and needed improvement.
    On March 2, 1994, we published a notice that announced the 
availability of the Review and scheduled a public meeting to seek 
comments on its recommendations (59 FR 10031). The meeting, on April 4, 
1994, was well attended by the public and representatives from a wide 
range of towing interests. Public comments, both oral and written, 
helped shape the NPRM.
    The Merchant Marine Personnel Advisory Committee (MERPAC) and the 
Towing Safety Advisory Committee (TSAC) addressed the towing-safety 
initiative as articulated in the Review. These committees and several 
of their working groups had created reports to address licensing and 
training. We also used these reports to develop the NPRM.
    Note, also, that many issues pertaining to licensing and training 
of mariners come within the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978, as 
amended in 1995 (STCW). An interim rule (62 FR 34506 (June 26, 1997)) 
carries this treaty into domestic effect. This interim rule requires 
mariners serving on certain seagoing towing vessels to meet the 
requirements of STCW training, certification, and watchkeeping, as 
stated previously in the NPRM and SNPRM. The towing vessels affected by 
STCW are those that are 200 gross tons or more on domestic voyages and 
all towing vessels on foreign voyages. For additional discussion on the 
effects of STCW see our response to your comments numbered 94 through 
96, found later in this preamble.
    We received over 787 comment letters in response to the NPRM. 
Because of this response, we published a notice of intent (61 FR 66642 
(December 18, 1996)) explaining that we would modify the NPRM along 
lines urged by public comment and the advisory committees, and would 
publish the changes in an SNPRM. This would afford the public an 
opportunity to comment on the changes before issuance of a final rule. 
We published the SNPRM on October 27, 1997 (62 FR 55548).
    During February, 1998, we also held four public meetings: in 
Memphis, TN; Houston, TX; Boston, MA; and Seattle, WA. We held them to 
receive additional views on the licensing issues in the proposed rule. 
The Discussion of Comments and Changes, next, incorporates the concerns 
of the meetings' attendees.
    We are publishing this interim (instead of a final) rule so--
    1. We can address the 114 comment letters we received in response 
to the SNPRM;
    2. We can address the concerns of the public meetings' attendees;
    3. The public can respond to changes arising from those letters and 
concerns; and
    4. We can fulfill our commitment to the members of the towing 
community by providing them another opportunity to comment on our 
proposed changes to the licensing regulations.

Discussion of Comments and Changes

------------------------------------------------------------------------
                            Topic                              Comments
------------------------------------------------------------------------
Apprentice Mate (Steersman).................................         1-8
Assistance towing...........................................        9-12
Company Responsibility......................................          13
Cost........................................................       14-17
Definitions.................................................       18-24
Demonstration of proficiency................................       25-30
Designated Examiners........................................       31-38
General.....................................................       39-40
Grandfathering of licenses..................................       41-56
Horsepower..................................................       57-58
Public Input................................................       59-60
Refresher Courses and Training..............................       61-69
Regional Examination Centers................................          70
Responsibility of the Master................................       71-72
Route Endorsements..........................................       73-85
Safety......................................................          86
Simulators..................................................       87-93
STCW........................................................       94-96
Whistleblowers..............................................       97-99
Comments beyond the scope of this rulemaking................     100-118
------------------------------------------------------------------------

Apprentice Mate (Steersman)

    (1) One comment stated that direct supervision of the apprentice 
mate may be costly to small businesses.
    The direct supervision would ensure the highest level of training. 
This interim rule formalizes the current and ``best'' practices for 
training. As we explain in Small Entities, later in the preamble, we 
expect the increase in costs to small businesses to be minimal.
    (2) One comment questioned whether the Coast Guard regards 
apprentice mates (steersmen) as additional crew rather than as 
deckhands with added responsibility.
    The apprentice mate (steersman), if any, is not a member of the 
crew required by the rules on manning in 46 CFR part 15. An apprentice 
mate (steersman) may be a deckhand working towards licensure. However, 
the decision how to bring mariners along as licensed personnel, and 
even the decision whether to bring them along, will still reside with 
employers.
    (3) Two comments noted that the new license appears to be a form of 
the first-class pilot's license and suggested reinstating the system of 
first-class pilots.
    Mariners should not confuse any new license brought about by this 
rule with a first-class pilot's license. Not only are the requirements 
different; the authority to issue a first-class pilot's license is

[[Page 63215]]

limited by route, which might not include any of the Western Rivers.
    (4) Two comments suggested that the step of apprentice mate 
(steersman) in the mariner's career path is unnecessary.
    The new step in the licensing structure ensures that the mariner 
gets the most out of training. The mariner will see the greatest 
benefits from training through the practical application of the 
knowledge required to pass the written exam for apprentice mate.
    (5) One comment suggested that only the master, not the mate 
(pilot), should train the apprentice mate (steersman).
    We agree that the master is probably the best trainer in most 
circumstances. However, we concluded that the mate (pilot) standing the 
back watch is also qualified to operate the vessel and that he or she 
may be a better trainer in some cases. Limiting the training to only 
the master could hamper it, since the master can be on duty for only 12 
hours a day.
    (6) Several comments noted that the SNPRM did not address the 
operators of harbor tugs. They recommended that the licensing structure 
for these operators comprise two steps, apprentice mate and master, and 
a 90-day familiarization period for local operations of harbor tugs.
    Harbor tugs--working in what is now ``harbor assist''--do not 
usually have a back watch, which limits or eliminates the opportunity 
to operate under the authority of the mate (pilot) license. After 
reviewing TSAC's recommendation on the subject and considering the way 
this issue was addressed in the SNPRM, we changed the licensing 
structure proposed for vessel assist--now ``harbor assist''--to require 
an apprentice mate (steersman) license before advancing to master of 
harbor assist. The SNPRM proposed a two-step structure that skipped the 
apprentice mate (steersman) license. The process instated here will 
restrict a master's license to harbor assist.
    (7) Several comments stated that the 12 months of service after the 
completion of the service exam is unreasonable and that this 
requirement would create a burden on the industry. The comment also 
proposed a less-stringent level of testing for the apprentice mate 
(steersman) license.
    We disagree. Under the current licensing system for operators of 
uninspected towing vessels, a mariner may begin operating the vessel 
after passing the appropriate examination and showing 36 months service 
on towing vessels. In this rulemaking, a mariner may be placed in 
charge of the navigation of the towing vessel, as a mate, after showing 
30 months service. We believe that mariners will receive more thorough 
and effective training operating a vessel during the 12-month period 
after passing the exam for apprentice mate (steersman) license and 
obtaining the mate (pilot) license.
    (8) One comment asserted that the would-be apprentice mate 
(steersman) already undergoes testing on those subjects listed in Table 
10.910-2.
    We disagree. Table 10.910-2 outlines the subjects that the 
candidate for apprentice mate (steersman) will be required to have 
knowledge. We want the apprentice mate (steersman) to have passed that 
exam, then to use this knowledge in the time before applying for his or 
her license as mate (pilot), which allows standing of the back watch.

Assistance Towing

    (9) One comment stated that an endorsement for assistance towing is 
necessary.
    We already require an endorsement for assistance towing on a 
license other than a towing license. The lesser included authority will 
remain for masters of towing vessels and for masters or mates 
authorized service on inspected vessels over 200 gross tons, with 
licenses endorsed for towing.
    (10) One comment suggested that the Coast Guard should license 
mariners performing either assistance towing or towing for hire.
    We do license assistance towers to engage in assistance towing.
    (11) One comment recommended that we keep assistance towing 
separate from the operation of uninspected towing vessels.
    We do.
    (12) Two comments requested that the Coast Guard clarify the term 
``assistance towing'' so it is clear who is exempt.
    Sections 10.103 and 15.301(a) define ``assistance towing.'' This 
interim rule defines ``disabled vessel'' to clarify the relation of 
assistance towing to disabled vessels.

Company Responsibility

    (13) One comment suggested that the Coast Guard clarify that the 
requirements for a towing vessel do not apply to an inspected passenger 
vessel that serves as a propelling vessel for an inspected passenger 
barge.
    In this scenario, the master of the inspected passenger vessel 
would hold lesser included authority to operate a towing vessel. This 
interim rule does require the master of the inspected passenger vessel 
to hold a towing endorsement on his or her license.

Cost

    (14) One comment asked whether the cost of traveling to the REC is 
included in the Regulatory Evaluation. Another stated that mariners do 
not have the luxury of planning ahead for an appointment with the REC, 
given the schedules of some towing jobs.
    We did not include the cost of traveling to the REC in the 
Evaluation, because we cannot determine it: Mariners need go to 
specific RECs only when their licenses are geographically limited and 
the local OCMIs must decide whether to grant limited licenses. Current 
license-holders can renew by mail, if they provide the necessary 
documents, and can thereby eliminate trips to the RECs. This rulemaking 
does not change the 5-year validity of a license.
    (15) One comment requested that the Coast Guard specify the exact 
cost of reviewing a license.
    46 CFR 10.109 lists the fees charged for transactions concerning 
licenses. From time to time, by notice-and-comment rulemaking, the 
Coast Guard adjusts these fees so that they cover the actual costs to 
the Coast Guard of rendering the services. See current rulemakings [64 
FR 42812 (August 5, 1999) and 64 FR 44786 (August 17, 1999)] adjusting 
fees charged for license transactions.
    (16) One comment pointed out that, unless mariners are 
grandfathered into the new licensing structure, small businesses will 
lose considerable revenue while some will go out of business.
    We will grandfather mariners, with current licenses for OUTV, as 
master or mate (pilot) of towing vessels. There probably will not be a 
large number of mariners with licenses as second-class OUTV who will 
need to renew their licenses as mate (pilot) of towing vessels.
    (17) One comment argued that the impact on small businesses is 
greater than the SNPRM stated. It continued that companies will have 
difficulty completing the increased paperwork and finding employees 
with the increased experience.
    The experience required will not affect the mariners who already 
hold their OUTV licenses. The analyses in the preamble of this interim 
rule treat the impacts of this interim rule on small businesses, in 
terms of both monetary costs and paperwork.

Definitions

    (18) One comment requested that the Coast Guard inform mariners 
that the definitions, which were removed from

[[Page 63216]]

this rulemaking and were included in the one on STCW, still apply to 46 
CFR parts 10 and 15, as appropriate.
    The NPRM in this rulemaking proposed definitions for ``Coast Guard-
accepted,'' ``designated examiner,'' ``practical demonstration,'' 
``qualified instructor,'' and ``standard of competence,'' which were 
incorporated into 46 CFR parts 10 and 15 (and 12) as appropriate by the 
rulemaking on STCW. Since the definitions were and continue to be in 
effect, it was unnecessary to include them in the SNPRM for this 
rulemaking, and it is unnecessary to include them in this interim rule.
    (19) One comment suggested that the RECs receive guidance on the 
terms ``mate'' and ``pilot.'' It also asked how the terms will appear 
on licenses and what term will apply to mariners on the Great Lakes. 
Two comments recommended that a licensed officer not be called a mate, 
which traditionally refers to a deck hand.
    The licensing requirements for mate and pilot of towing vessels 
will be the same. The mariner applying for the license can decide on 
the title, mate or pilot. The mariner should keep in mind that, if he 
or she changes the area of operation, the title may not be appropriate 
and may entail a fee to have it changed on his or her license.
    (20) Several comments requested that the Coast Guard clarify the 
term ``unlimited.'' Two comments stated that the words ``less than 200 
gross tons'' may lead to confusion.
    The term ``unlimited'' appears in Secs. 10.464 and 10.465 of the 
SNPRM only to distinguish between restricted licenses and others. 
Therefore, licenses for towing vessels will not bear ``unlimited'' 
endorsements, and we have removed that term from this rule. Omission of 
the term will imply that the licenses are not restricted to harbor 
assist or to local geographical areas. Also, to eliminate confusion, we 
have removed the phrase ``less than 200 gross tons.''
    (21) One comment asked whether the term ``assistance towing'' would 
confine the mariners to one barge at a time.
    ``Assistance towing'' already carries a definition in the rules, 
and this rulemaking is not changing it; however, this rulemaking also 
contains a definition of ``disabled vessel'' that clarifies the former 
definition of ``assistance towing''. Towing barges does not constitute 
assistance towing, since barges, by definition, never move under their 
own power.
    (22) One comment recommended not amending the terms ``captain,'' 
``mate,'' and ``pilot.''
    We are not changing the term ``captain.'' However, a mariner could 
choose either ``mate'' or ``pilot'' depending on the area in which he 
or she operates. For example, a mariner licensed for oceans would 
probably choose the term ``mate'' of towing vessels, while a mariner 
licensed for Western Rivers would probably choose the term ``pilot'' of 
towing vessels.
    (23) Many comments noted that a private company owns the trademark 
rights to the term ``vessel assist.'' Another comment suggested the 
term ``commercial assist'' to replace the term ``vessel assist.'' Yet 
another stated that the term ``vessel assist'' is easy to confuse with 
``assistance towing.''
    We agree that ``vessel assist'', whether or not it conflicts with 
commercial usage of the term, sounds too much like ``assistance 
towing.'' Therefore, we are changing ``vessel assist'' to ``harbor 
assist.''
    (24) One comment requested that the Coast Guard define ``accepted 
training course.''
    There is already a definition of Coast Guard-accepted, which 
applies to training courses, in Sec. 10.103.

Demonstration of Proficiency

    (25) Several comments suggested that the Coast Guard require check-
rides to demonstrate proficiency only for mariners charged with 
negligence or violation of statute or rules. Other comments stated that 
a check-ride demonstration should apply only for new licenses.
    We agree that new mariners in the towing industry must demonstrate 
proficiency before being authorized to operate the back watch. We 
maintain that requiring a demonstration of proficiency for mariners who 
have had action taken against their license and for all applicants for 
new licenses is one of the best methods to prevent marine casualties.
    (26) One comment asked the Coast Guard to provide a more complete 
explanation of the one-half hour of management time required of 
mariners performing a final check-ride.
    This is simply the time the master or mate needs to prepare the 
final check-ride report or document (that was filled out by the 
Designated Examiner) for delivery to the REC.
    (27) Several comments stated that check-rides are unnecessary for 
holders of OUTV licenses. They suggested that a company letter or a 
mariner's record of performance should be sufficient as proof of 
proficiency. One comment suggested that a company letter demonstrating 
service, not navigational proficiency, should be all such a mariner 
needs for license renewal.
    We expect that no requirement of demonstration of proficiency for 
current holders of OUTV licenses will be necessary. However, unless 
these holders furnish documentation of proficiency during the validity 
of their current licenses, we may require a demonstration of 
proficiency before renewal of their licenses.
    (28) One comment noted that proficiency-testing imposes an economic 
burden on license holders. This comment recommended that companies 
maintain records of proficiency.
    We strongly encourage companies to maintain record of proficiency, 
but the mariners have their own responsibility to maintain records of 
the training received and experience demonstrated during the validity 
of their licenses.
    (29) One comment recommended that the Coast Guard allow trip pilots 
to submit daily logs rather than undergo check-ride demonstrations.
    If a daily log includes training received and drills held, such as 
man-overboard and fire drills, it certainly can be part of the 
documentation necessary to demonstrate proficiency.
    (30) One comment requested that the Coast Guard clarify the 
qualifications of the persons administering the check-rides.
    The persons administering the check-rides will be designated 
examiners as defined in the current rules and in Navigation and Vessel 
Inspection Circular (NVIC) 6-97. To become a designated examiner, a 
person must produce documentary evidence that he or she--
    (a) Has experience or training, or received instruction in 
assessment techniques;
    (b) Is qualified in the task for which the assessment is being 
conducted; and
    (c) Holds the appropriate level of license, endorsement, or other 
professional credential suitably related to the area of assessment.

Designated Examiners

    (31) One comment noted the difficulty in assessing an individual's 
ability in one opportunity to demonstrate proficiency. The captain of a 
vessel is in a better position to assess someone's abilities, since he 
or she can observe a person's performance over time.
    The captain and mate (pilot) will be integral parts of a mariner's 
training. Yet the designated examiner will observe such practical 
proficiency as may be the result of their training of the mariner.
    (32) One comment recommended that the Coast Guard ensure that the

[[Page 63217]]

designated examiner implements the examination process fairly.
    We will ensure this, as much as possible, and also that the 
training and evaluation of mariners are consistent.
    (33) Many comments recommended that the Coast Guard clarify the 
qualifications and the selection process for designated examiners. One 
comment recommended that every examiner should hold a master's license.
    We will thoroughly evaluate the application of a would-be examiner 
before we issue a letter of approval. Again, we recognize that the 
captain (master), in most cases, may be the most qualified to conduct 
the training leading up to the demonstration of proficiency but that he 
or she may not desire to be an examiner.
    (34) One comment suggested using designated examiners only for new 
or suspended licenses.
    This interim rule does require examiners for new or suspended 
licenses; but we may also require a check-ride with an examiner, if the 
documentation for renewal is not sufficient (see Sec. 10.209 in the 
regulatory text of this interim rule).
    (35) Several comments suggested that the Coast Guard train, select, 
and qualify designated examiners so that these processes are free from 
corporate influence. One comment suggested that each examination should 
involve two examiners, one from the Coast Guard and one from the 
company.
    We see the merit in this concept, but we want companies to take 
more responsibility for this process. Our goal is to empower the 
companies to seek out, from their own ranks, mariners who possess the 
ability to become designated examiners. Although the suggestion of 
having two examiners appears to be a good concept, it would be 
excessive and cost-prohibitive to the mariner and the industry.
    (36) One comment recommended that the Coast Guard clarify how the 
designated examiners conduct their assessments.
    This issue is complex because there are so many different types of 
``towing'' within the industry. The examiners would have to tailor the 
demonstration of proficiency (check-ride) to the specific experience 
and training of the mariner for the route and type of towing.
    (37) One comment noted the problem of finding a designated examiner 
with the wide range of experience required to assess people in an 
industry that requires diverse skills and experience.
    We agree that an examiner who could assess mariners in all facets 
of the industry would not be easy to find. For this reason, the Coast 
Guard will issue examiners' certificates for certain portions of the 
industry. (For this reason, too, companies should furnish their own 
examiners.) This would not preclude a mariner from being an examiner 
for more than one portion or even for all portions of the industry, but 
we expect that any one examiner would specialize in one or a few 
portions, such as harbor assist, fleeting, long-line, or river towing 
(this last usually associated with pushing ahead).
    (38) Two comments approved of a company-designated examiner. One 
comment stated that such an examiner will have more of a vested 
interest in ensuring that a mariner is qualified than will a Coast 
Guard examiner.
    We expect this to be true in most cases, which is consistent with 
the concept of empowering both the company and the mariner.

General

    (39) One comment stated that towing on brown and towing on blue 
waters should fall under distinct regulatory regimes.
    Towing on the two routes does differ in some respects. The 
navigation requires the use of different charts, from the Army Corps of 
Engineers and the National Oceanic and Atmospheric Administration, 
respectively. But it does not differ so much as to make distinct 
regimes advisable.
    (40) One comment suggested that the Coast Guard determine whether 
it is necessary to exempt towing vessels of less than 200 gross tons 
engaged in mining minerals and drilling oil.
    Under 46 U.S.C. 8905(b), the requirement that a towing vessel be 
operated by a licensed individual does not apply to towing vessels of 
less than 200 gross tons engaged in the offshore exploitation of 
minerals and oil, if the vessels have sites or equipment serving the 
offshore mineral and oil industry as their places of departure or their 
ultimate destinations.

Grandfathering of Licenses

    (41) We received 18 comments concerning the grandfathering of 
existing licenses. Most of the comments requested information on the 
process and requirements for current holders of licenses to obtain 
licenses under the new license structure. Several comments suggested 
that the Coast Guard ensure that the mariners have the required 
experience and familiarity of routes before grandfathering their 
licenses.
    Current holders of OUTV and second-class OUTV licenses will not 
have to get new licenses until they either upgrade or renew these 
licenses. At that time, we will issue their licenses as master or mate 
(pilot) of towing vessels. When a mariner renews his or her license as 
master or mate of vessels of appropriate gross tonnage or as first-
class pilot holding an endorsement on his or her license for towing 
vessels, we will endorse the new license for towing vessels, if the 
holder can prove recent towing service. In the towing industry, this 
documentation is the only way we can ensure that the mariners have the 
required experience and familiarity of routes for renewal of their 
licenses. We cannot depend on shipping articles, discharges, and 
official logbooks to verify experience, because they are not required 
on most towing vessels. Of course, when vessels keep them anyway, we 
may use them to verify experience.
    (42) Two comments suggested that the Coast Guard specify which 
mariners may be grandfathered. For example, one comment recommended 
that the Coast Guard renew the licenses of masters of vessels 100 gross 
tons or less.
    Holders of OUTV licenses will receive licenses as master of towing 
vessels upon renewal. Holders of licenses as master of inspected, self-
propelled vessels, or as mate or pilot of inspected, self-propelled 
vessels of more than 200 gross tons, will receive the same license and 
an endorsement for towing vessels if they are operating in the towing 
industry. We do not anticipate renewing any second-class OUTV licenses, 
since the mariners holding these licenses should be eligible for 
licenses as master of towing vessels by the time their licenses expire.
    (43) Two comments recommended that the Coast Guard clarify how the 
mariner will prove prior deck service when there is currently no 
guidance for the Regional Examination Centers (RECs) and when previous 
employers have gone out of business or have been consolidated.
    The towing officers' assessment record may be a valuable tool to 
overcome this problem by documenting vessels and dates, along with any 
records of employment or training the individual mariner may keep.
    (44) Several comments agreed that at least 18 months of prior deck 
service for the mate (pilot) is a good requirement. Two comments 
suggested that the 18 months should be extended to 36 months. One 
comment suggested that even the 18 months was too burdensome on the 
mariner.
    We recognize the support of the 18 months of service for a mate 
(pilot), but disagree with the suggestion that it be extended to 36 
months. We do not want

[[Page 63218]]

to overburden the new mariners coming into the towing industry. 
However, the intent of this rulemaking is to increase the level of 
safety; therefore, we are adopting the 18 months of service as proposed 
in the SNPRM.
    (45) One comment requested that the Coast Guard clarify the term 
``on deck.''
    We consider ``on deck'' to indicate working in the deck department 
as opposed to in the engineering or steward's department.
    (46) Two comments noted that the requirement of 1 year of sea 
service as a mate (pilot) before the Coast Guard issues a master's 
license could place a burden on small companies or affect the 
availability of licensed personnel.
    This requirement equates to the current one for a second-class OUTV 
license. We now authorize anyone holding this license to stand the back 
watch. Small companies are already investing time and effort to develop 
OUTVs. Making the step process mandatory for new licenses will improve 
that process by providing milestones toward obtaining the license as 
master of towing vessels.
    (47) One comment suggested that the Coast Guard accept or give 
partial credit for service on tugs of less than 26 feet.
    We disagree. While the legal definition of a towing vessel (46 
U.S.C 2101(40)) does not specify a minimum length, the licensing-and-
manning statute (46 U.S.C. 8904(a)) states that a licensed individual 
must operate a towing vessel that is at least 26 feet in length. To 
ensure that the experience is comparable, we established the minimum 
length of 8 meters (26 feet).
    (48) Several comments requested that the Coast Guard explain the 
relationship and differences between the training-record book required 
under STCW and the one proposed in the NPRM.
    The training-record book required by STCW is not as flexible as the 
towing officers' assessment record required by this interim rule for 
towing vessels; therefore, for an original license as mate (pilot) of 
towing vessels you can not substitute an STCW training-record book for 
the towing officers' assessment record nor can you substitute the 
towing officers' assessment record for the STCW training record book. 
For example, all requirements for STCW must be met to get an STCW 
endorsement; whereas, if the license need not bear an STCW endorsement 
(as, for example, it need not for towing inland), the towing officers' 
assessment record need only attest proficiency in the kind of towing 
the mariner is working in.
    (49) One comment asked the Coast Guard to clarify the ``unlimited'' 
section of the towing officers' assessment record.
    The assessment record does not have an ``unlimited'' section. But, 
if you completed all the sections of the assessment record and 
demonstrated proficiency in all the different types of towing, we would 
not limit you to any one type of towing.
    (50) Many comments stated that the towing officers' assessment 
record would be a good tool to track the experience of each mariner, 
but several requested that the Coast Guard provide a more complete 
discussion of the requirements for maintaining the assessment record. 
The comments raised questions like, ``What entries are included?'' and 
``Will there be a phase-in period?''
    We require, for demonstration of proficiency, entries that have the 
footnote ``All'' and the footnotes for a particular route desired: 
``O'' for oceans, ``C'' for coastwise and near-coastal, ``I'' for 
inland and Great Lakes, ``WR'' for Western Rivers and ``R'' for rivers. 
Moreover, the assessment record will allow space to enter the vessels 
served on, dates served, routes, drills participated in, and all 
training received. As this rule is effective on November 20, 2000, the 
phase-in period is 1 year.
    (51) Several comments requested that the Coast Guard keep the 
requirements of the assessment record simple and standardized. One 
comment noted that a standardized format would assist the RECs in the 
review process.
    We will standardize the assessment records as much as possible and 
clearly identify the requirements. However, as mentioned earlier in 
this section, the type of towing that the vessels are engaged in will 
determine what other items need to be addressed. Before the effective 
date of the interim rule, we will develop guidance for the RECs to 
standardize the assessment records' evaluations.
    (52) Several comments stated that a towing officers' assessment 
record would impose a paperwork burden on the mariners. One comment 
suggested that the vessel's daily log should fulfill the requirements 
of this rulemaking.
    We address the paperwork burden under Costs, within Regulatory 
Evaluation, and under Collection of Information later in the preamble. 
We agree that a vessel's daily log could aid the mariner in keeping 
track of his or her experience; but such logs are not required on most 
towing vessels. If the vessel keeps such a log, the mariner may use it.
    (53) Two comments recommended that the captain of the vessel, not 
the employer, verify the information in the towing officers' assessment 
record.
    While the master is the best person to verify completion of tasks 
in the assessment record, companies have to work with the captain to 
ensure that mariners get appropriate credit for experience gained 
during underway time. Cooperation between companies and captains is 
also consistent with the Review's recommendation that companies assume 
more responsibility for the training of their crews.
    (54) One comment noted that it would take longer than 1 hour over a 
3-year period to learn and comply with the requirements of this 
rulemaking.
    The 1 hour referred to is only for filling out the paperwork, and 
is an average estimated for all licensed OUTVs.
    (55) One comment stated that there would be a burden on employers 
to maintain records for each mariner.
    We determined that companies are already gathering the required 
information for other purposes such as pay, benefits, and billing for 
services rendered; therefore, records maintenance should not be an 
added burden to the employers.
    (56) Two comments stated that this rule imposes confusing paperwork 
requirements, which will be a great burden on the mariner.
    We will make guidance available to all OUTVs and prospective 
masters and mates (pilots) of towing vessels to keep the recordkeeping 
as simple as possible.

Horsepower

    (57) Two comments supported regulating according to horsepower (HP) 
``breakpoint'' even though one of them noted that the ratio of HP to 
barge does not hold true all the time. Two comments recommended that 
the Coast Guard restrict the tons towable with a given HP, lest 
companies overload or overwhelm the available HP.
    This is not feasible, as we mentioned earlier, because of the 
different combinations of tows--especially on the rivers. If companies 
overload or overwhelm available HP, they risk considerable losses, 
which create an incentive to be sensible in their arrangement of 
barges.
    (58) One comment recommended a breakpoint of 5,000 HP, if the Coast 
Guard persisted in regulating according to HP.
    Since we have forgone any attempt to regulate, the point is moot.

Public Input

    (59) Nineteen comments stated that the Coast Guard should receive 
more input from the mariners. Many

[[Page 63219]]

requested that the Coast Guard find better ways to inform mariners of 
proposed changes to rules. Word of these changes must reach the 
mariners with enough time for them to get involved in the regulatory 
process. Two comments suggested that the Coast Guard establish direct 
contact with the working mariners, by a master mailing-list or database 
of concerned mariners. Several comments pointed out that late notice of 
public meetings did not allow mariners to adjust their schedules to 
attend the meetings.
    We encouraged input from active mariners. The NPRM drew 787 comment 
letters; the SNPRM, just 114. The dramatic decrease is due precisely to 
the fact that the SNPRM responded to the comments on the NPRM from the 
public. We provide up-to-date information by the Internet; the Marine 
Safety Newsletter; press releases; and responses to telephone, fax, and 
written inquiries.
    (60) Four comments asked the Coast Guard to extend the comment 
period.
    We are publishing this interim rule with a request for comments 
before a final rule so the public will have an opportunity to express 
their views on the latest changes. Publishing this interim rule between 
the SNPRM and final rule is equivalent to extending or reopening the 
comment period for 90 days.

Refresher Courses and Training

    (61) Many comments favored the refresher courses on Rules of the 
Road and suggested implementing the requirement every 5 years, at the 
same time as license renewal and radar re-certification.
    Combining the radar-observer course and the courses on Rules of the 
Road could streamline the renewal process; however, we will not require 
the combination of these courses. It is not appropriate for us to 
micro-manage the delivery of courses, even if our rules separately 
require them.
    (62) One comment asked how the Coast Guard plans to administer the 
refresher courses.
    We do not plan to administer the refresher courses ourselves. We 
will review, accept or approve, and oversee the courses administered by 
the industry.
    (63) One comment asked whether the Coast Guard requires exercises 
on Rules of the Road for everyone renewing a license.
    No, the current rules require exercises on Rules of the Road for 
renewing a license for master or mate (pilot) of towing vessels, only 
when a mariner presents evidence of employment in a position closely 
related to the operation, construction, or repair of vessels as 
discussed in 46 CFR 10.209(c)(1)(iv).
    (64) Two comments opposed refresher courses and suggested that 
mariners with decades of experience do not need such courses.
    This interim rule does not require refresher courses for renewal of 
licenses where the mariner can document continued service, training, 
and demonstration of proficiency. It requires the courses only when the 
mariner cannot document those three. For example, a mariner, who not 
worked in the towing industry for long periods of time, would have 
difficulty documenting service, training, and demonstration of 
proficiency.
    (65) Several comments recommended ways to conduct the courses and 
training. One comment recommended personal-computer-based, or 
interactive, training. One suggested that the courses be in-house 
courses or open-book tests to take at home. Two suggested that the 
Coast Guard avoid take-home and mail-in exams and establish renewal 
classes annually or biannually. Some suggested including radar re-
certification in the refresher courses. Others stated that no radar 
course is needed.
    We have not ruled out computer-based training as part of an 
accepted or approved course. An in-house course, meaning one given at a 
company's facility, is a possibility. Take-home with mail-in completion 
is not an option for radar training. However, there could be an on-
going process during the term of validity of the license to document 
proficiency for renewal. Annual and biannual courses would be cost-
prohibitive and excessive. The Coast Guard will continually evaluate 
each course for compliance with the requirements for refresher courses 
and radar training.
    (66) One comment disputed the applicability of Sec. 10.309 to 
personnel of domestic towing vessels exempted from STCW.
    The requirements in Sec. 10.309 cover training for all licenses 
subject to STCW. While this section indeed does not apply to licenses 
that do not require STCW certificates or endorsements, it is an 
excellent generic description of a Coast Guard-accepted training course 
and may be used as a guide for developing Coast Guard-accepted training 
courses exclusively for (non-STCW) towing-vessel licenses.
    (67) One comment noted that approval of training other than through 
courses would impose a great burden on the Coast Guard.
    Training other than through courses already comes within the rules 
and will stay there through this interim rule. We intend for such 
training to serve the towing industry. It may in fact increase the 
burden on us.
    (68) One comment recommended that the Coast Guard establish clear 
criteria for the approval of training.
    Section 10.302 already contains clear criteria for the approval of 
training, and the National Maritime Center evaluates them from time to 
time.
    (69) One comment stated that training other than through courses is 
unnecessary. Another noted the difficulty of finding trainers who are 
able to train mariners with decades of experience.
    We have determined that the training is necessary, especially for 
mariners new to the towing industry. It is not normally necessary for 
mariners with decades of experience; these mariners just need to be 
informed of recent changes.

Regional Examination Centers (RECs)

    (70) Many comments stated that the RECs are overworked and will not 
be able to handle the workload created by the new rules.
    We acknowledge that this is a concern for mariners and the 
industry; however a full examination of the program demonstrates that 
much of this rulemaking will add little workload to the RECs. This rule 
will not increase the number of examinations to be given, and will add 
only one level of licenses. Also, the licensing program may realize 
some relief due to a shift in operations of casino vessels from river 
to shore-side. The riverboat casino industry contributed to the work 
backlogs in the RECs during the mid-1990s. This ongoing shift in their 
operations should reduce the number of license and merchant mariner 
document transactions at those facilities. Incomplete mariner 
application packages also cause a delay in issuing licenses. The 
licensing process established by this rule will ensure the completeness 
of the mariner's application package; reducing the time between the 
receipt of the application and when the license is issued.

Responsibility of the Master

    (71) Several comments noted that there are many conditions over 
which the master has no control, such as fatigue of the crew and 
deadlines from the company. Many of these recommended that the 
responsibility for the safety of the vessel needs sharing among the 
master, the company, and the crew. They stated that the master cannot 
be responsible for the independent actions of the pilot or engineer. 
They

[[Page 63220]]

asked the Coast Guard to specifically outline the master's 
responsibilities.
    The master is responsible for the care and safety of the vessel and 
crew. Sharing of responsibility for safety of the vessel already 
occurs, and should occur; but it cannot occur equally. The owner has an 
investment in the vessel and cargo, and the crew has a responsibility 
to do its jobs as safely and efficiently as possible. There still has 
to be someone in charge, and that is the master. As we stated before, 
the stander of the back watch is responsible for his or her acts; 
nevertheless, if an accident happens because of acts of the back watch 
carried out on orders given by the master, then the master may be 
accountable for the orders given. Usually the company outlines the 
responsibilities in the conditions of employment when it hires a 
master. In other words, what the company expects the master to do is--
within the general guidelines of maritime and other law--for the 
company to determine.
    (72) Many comments pointed out that a master cannot be responsible 
for both the front and back watch. Others suggested that, if the Coast 
Guard enforced rules that limit a master from working over a 12-hour 
day, the master would be even less well-situated.
    From our history of administrative hearings on suspending and 
revoking licenses, the OUTV has seldom been held responsible for 
misconduct of the back watch, unless the back watch is following an 
order given by the master. If the master does not stand a watch, as he 
or she does not aboard a lot of deep-draft seagoing vessels, he or she 
may fairly bear some general responsibility for all watches.

Route Endorsements

    (73) Many comments requested that the Coast Guard clarify the 
requirements for route endorsements. They also suggested that the Coast 
Guard clarify the process for examination and evaluation.
    A route endorsement requires an evaluation of the applicant's 
experience, training, and knowledge of a specific route. Information on 
the process of examination and evaluation for original licenses and 
renewal of existing licenses appears in 46 CFR part 10. (This 
information, including printable forms, is also available on the 
Internet through some of the RECs. You may access these sites at http:/
/www.uscg.mil/hq/g-m/marpers/pers.htm.) The information in part 10 
comprises definition of terms, general requirements for all licenses, 
professional requirements for deck officers and engineer officers, and 
subjects of license examination.
    (74) Two comments asked whether we charge user fees for route 
endorsements.
    Yes, we charge a fee for a change in the scope of a license, as by 
endorsement. The required fees are administrative ones for evaluation 
and testing.
    (75) Many comments stated that route endorsements would be too 
restrictive for mariners who may change routes on a moment's notice. 
Some stated that route endorsements would limit the employment of 
mariners. One comment suggested that route endorsements subordinate to 
the main route would constrain new businesses.
    The current licensing scheme already contains route endorsements 
for the OUTV; these are not subordinate route endorsements. This 
interim rule does contain additional requirements for operating on 
Western Rivers, because we determined that the unique conditions 
encountered on those rivers warrant stricter standards.
    (76) One comment opposed the requirement to demonstrate experience 
on routes. One disagreed with the requirement to prove experience on 
subordinate routes, and noted that the Coast Guard does not require the 
same proof for other vessels. Another stated that 90 days to qualify on 
a route is too long.
    Other licensing schemes, such as that for oceans, demand 
considerable training and experience compared with that for the OUTV. 
Still, oceans do not have parallel shores like Western Rivers. For this 
reason, a master holding a license for oceans and whose initial 
training and experience was in excess of that required for OUTV, must 
have his or her license endorsed to sail on Western Rivers.
    Furthermore, we are amending the definition for Inland waters in 46 
CFR 10.103 to also exclude Western Rivers. When a master or mate of 
towing vessels navigates both inland and Western Rivers, both routes 
will have to be endorsed on his or her license. The phase-in period for 
the dual endorsement will be at the next renewal or issuance of a new 
towing license after the effective date of this rule.
    (77) One comment asked whether the 90-day requirement to qualify 
for Western Rivers is long enough. Two comments requested that the 
Coast Guard extend the qualifying time for those rivers to 180 days.
    We recognize Western Rivers present unique operating conditions, 
requiring additional time to ensure familiarity. We also recognize the 
value of the experience gained in navigating other routes. The mariner 
adding the Western Rivers endorsement to an existing license, already 
has demonstrated experience operating towing vessels, and will have one 
or more routes endorsed on his or her license. Considering this minimum 
time required to obtain the endorsement, and these are experienced 
mariners, 90 days is enough time for the purpose of this requirement.
    (78) One comment opposed route endorsements for mariners with more 
than 5 years of experience because those mariners have worked in most 
areas.
    We will grandfather the licenses of mariners for the routes on 
which they can document service. Mariners with 5 or more years of 
experience in the towing industry may not have been exposed to special 
hazards associated with unfamiliar routes. Therefore, we will not 
automatically consider mariners with 5 years of experience or more to 
be qualified for all routes.
    (79) One comment asked whether Puget Sound would be split into 
different routes.
    No, Puget Sound will remain one near-coastal route.
    (80) Some comments suggested that the routes be less specific; 
others, that they be more specific. One comment recommended that the 
single Western-rivers route should be separated into a route for each 
river with a 30-day posting requirement for each.
    Specific endorsements for rivers (``sub-routes'') would 
significantly increase the paperwork burden and the burden on the 
individual mariners without any need or benefit comparable to that for 
specific endorsements for routes.
    (81) One comment requested clarification on why the Coast Guard 
needs to align licensing requirements for inland waters and Western 
Rivers with those under the STCW.
    One of the recommendations from the Review was to reevaluate the 
oceans (domestic-trade) route authorized for an OUTV license and to 
propose alternatives that conform to international standards. This is 
why we accept the completed STCW training-record book as complying with 
the towing requirements for renewals and upgrades.
    (82) One comment suggested applying tonnage restrictions only to 
the inland waters and Western Rivers.
    We cannot manage restrictions on tonnage of the barges in a tow, 
because a single tow may contain fully loaded, partially loaded, and 
empty barges. Therefore, we will rely on the companies, who risk their 
barges and cargo, and on their underwriters, who stand most losses, to 
configure tows for safe navigation.

[[Page 63221]]

    (83) One comment suggested that the Coast Guard require mariners 
with licenses endorsed for Western Rivers to have experience above the 
Baton Rouge Bridge on the Mississippi River.
    Companies should take the responsibility to ensure that their 
bridge crews have experience on any section of the Western Rivers 
before they entrust their vessels to them for that section.
    (84) One comment asked why the Coast Guard did not include the 
``unlimited'' exam in Table 10.910-2.
    The ``unlimited'' exam referred to by this comment is the same OUTV 
exam included in Table 10.910-2 under license codes 10, 11, and 12.
    (85) One comment recommended that the Coast Guard specify what it 
will test on a limited exam. The comment stated that the terms 
``partial'' and ``special'' are familiar to mariners but that 
``limited'' is a new term.
    We previously addressed the limited OUTV license, in the current 
regulations under 46 CFR 10.464(f), which stated: ``The examination for 
a license as operator of uninspected towing vessels endorsed for a 
local limited area is modified by deleting inappropriate questions.'' 
For example, an exam for a license limited to the port of New York may 
not have the same questions as an exam for a limited license for 
Memphis, Tennessee, because the traffic schemes are different.

Safety

    (86) One comment suggested that, before the Coast Guard lets a 
mariner handle a larger tow, it should require him or her to serve as 
an apprentice mate during high and low water.
    Under this interim rule the new mariner will train as an apprentice 
mate (steersman) before getting a license as mate (pilot). 
Grandfathered or not, mariners will still have to prove their 
competence before employers entrust them with larger tows.

Simulators

    (87) Several comments agreed that simulators are a good idea, but 
urged that they not be used for new applicants or inexperienced pilots.
    In most cases, we do not expect entry-level mariners to use 
simulators; however, simulators should remain an option for mariners 
unable to demonstrate proficiency on a towing vessel. Their use is no 
substitute for actual bridge time required for a mate (pilot) license.
    (88) Two comments stated that simulators have no place at all in 
demonstrating proficiency.
    We disagree. Simulators are valuable training tools in the maritime 
industry. They may require adjustments to make them more applicable to 
the towing industry, but they have their place.
    (89) One comment pointed out that using simulators imposes added 
costs (for example, the cost of traveling to the simulator site).
    Costs get a thorough examination under Costs, within Regulatory 
Evaluation, in the summary of our analysis that appears later in the 
preamble.
    (90) Many comments stated that mariners can demonstrate their 
proficiency only in real-life situations, on towing vessels, because 
simulators lack the real-life pressure of towing vessels. Some comments 
suggested using simulators as devices to train mariners rather than as 
devices to test the skills of mariners.
    We concluded that the best training is ``hands-on'' training aboard 
towing vessels; however, as we noted earlier, in testing as well as in 
training, simulators have a place.
    (91) Two comments recommended three days of sea time for every day 
in a simulator.
    Neither comment offered any basis for this equivalency (or any 
other). If someone can validate any such equivalency, we will consider 
it.
    (92) One comment stated that simulators are invaluable and should 
be mandatory for training.
    We agree that simulators are valuable. But making them, and only 
them, mandatory for training would be neither practicable nor cost-
effective. Hands-on experience still delivers the best training.
    (93) One comment asked why simulators persisted into the SNPRM when 
so many comments on the NPRM, 86 percent of the 115 comments to the 
NPRM on use of simulators, opposed them.
    Simulators persisted into the SNPRM, and persist into this interim 
rule, because they are valuable tools for both training and testing. To 
allay some of the concerns about the use of simulators, e.g., their 
cost and availability, the use of simulators is optional.

STCW

    (94) Several comments asked the Coast Guard to clarify how the 
interim rule on STCW and this interim rule on licensing and manning 
will affect mariners on vessels under 200 gross tons (as admeasured 
under 46 U.S.C. 14502 (regulatory measurement)). These comments also 
asked whether an STCW endorsement is necessary for a master on a vessel 
of less than 200 gross tons, towing a barge on a voyage to another 
country. The comments recommended that STCW endorsements be available 
to masters and mates who wish to be considered for international 
voyages.
    We require any licensed mariner on a towing vessel of less than 200 
gross tons, on a coastwise voyage (from a port in the U.S. to a port in 
the U.S.) to have his or her license endorsed for STCW. The mariner can 
get the license endorsed without added training or assessment. However, 
when a towing vessel of less than 200 gross tons is on a foreign 
voyage, all crewmembers will have to meet basic requirements of safety 
training and assessment under STCW.
    (95) One comment requested clarification of the procedure to obtain 
an STCW endorsement.
    That procedure is the subject of a separate rulemaking, on the 
implementation of STCW (62 FR 34506 (June 26, 1997)).
    (96) One comment stated that adherence to existing laws, policies, 
and industry practices does not necessarily satisfy the requirements of 
STCW.
    We agree that, for most mariners on towing vessels, the 
requirements of STCW are stricter than existing laws, policies, and 
practices. But those three sources provide an adequate level of safety 
for mariners on towing vessels.

Whistleblowers

    (97) Several comments noted that there is not enough protection and 
incentive for mariners who expose abuse by industry. Several comments 
stated that employers coerce mariners to work in unsafe conditions.
    This is a concern of Congress, which, again, affords some relief in 
46 U.S.C. 2114. It is a concern of the Coast Guard, too, but is not 
within the scope of this rulemaking.
    (98) One comment suggested that working groups from within industry 
should address the problems of coercive tactics in a different 
proceeding.
    We agree that this is a good suggestion. TSAC may consider working 
groups to focus on these problems.
    (99) One comment stated that a mariner may have difficulty getting 
a letter of service from an employer against whom the mariner has filed 
a complaint.
    This has always been a problem when companies go out of business or 
there is a conflict between employer and employee. An REC usually works 
with a mariner to evaluate whatever records of employment the mariner 
alleges.

[[Page 63222]]

Comments Beyond the Scope of This Rulemaking

    We acknowledge receipt of the following comments but consider them 
to be beyond the scope of this rulemaking.
    (100) One comment requested that the Coast Guard streamline the 
renewal of licenses so that it is faster.
    (101) Two comments asked whether the Coast Guard is considering 
towing vessels for a formal inspection program.
    (102) One comment recommended that the Federal Government focus on 
the upkeep of channels to improve safety.
    (103) One comment noted that recreational boaters threaten the 
safety of commercial and of other recreational vessels. Training or 
licensing recreational boaters would enhance safety.
    (104) One comment suggested improving safety by requiring licensing 
or documentation for all personnel and the inspection of all vessels.
    (105) One comment suggested establishing a Board of Pilots to 
investigate accidents, as in trucking.
    (106) One comment stated that Coast Guard personnel at the National 
Maritime Center (NMC) lack small-vessel expertise.
    (107) Several comments recommended that the Coast Guard include the 
Gulf Intracoastal Waterway (GIWW) in the Western-rivers and near-
coastal routes. One comment specifically requested that the Coast Guard 
consider the Mississippi River below the Baton Rouge Bridge as part of 
the inland waterway. Two comments noted that much of the commerce 
traveling in and out of the Gulf Coast also uses the GIWW.
    (108) One comment recommended that the Coast Guard state 
specifically what bodies of water the Western Rivers comprise. The 
comment noted that separation of the Western Rivers from the inland 
rivers causes confusion along the Gulf Coast.
    (109) One comment suggested consolidating the routes for rivers and 
Western Rivers.
    (110) One comment recommended that the Coast Guard implement safety 
requirements for the vessels, not for the mariners.
    (111) One comment suggested that safety would improve if the Coast 
Guard inspected all towing vessels and licensed all their personnel.
    (112) One comment noted the increase in risk to mariners with the 
increase in the transport of hazardous materials.
    (113) Several comments suggested that towing companies focus on 
improving the safety of equipment. Some noted that some of the unsafe 
operations are due to the companies' increasing tonnages and reducing 
crews.
    (114) One comment stated that mariners must accept the unsafe 
conditions offered by the companies, or the companies will hire 
mariners who will work in those conditions.
    (115) One comment recommended that the Coast Guard ensure adequate 
numbers of mariners on vessels. One comment stated that the towing 
industry needs a program similar to the ISM Code, under which the 
employers could help mariners get the necessary rest by implementing 
three-watch rotations and increasing the manpower.
    (116) Two comments stated that a company's responsibilities should 
include training over specific routes and restricted sailing in adverse 
weather.
    (117) One comment suggested that the Coast Guard make companies 
accountable through the enforcement of civil penalties for non-
compliance.
    (118) One comment stated that the RECs lack the expertise to 
prepare local-area exams. The comment also pointed out the difficulty 
in preparing mariners for exams whose topics are not listed in Table 
10.910-2.

Regulatory Evaluation

    This interim rule is an integral part of the Coast Guard's 
comprehensive initiative to improve navigational safety for towing 
vessels. The towing-vessel industry has experienced several serious 
casualties in recent years, most notably the allision in September 1993 
of a towing vessel and its barges with a railroad bridge near Mobile, 
Alabama. In this incident, barges being pushed by a towboat in dense 
fog displaced the Big Bayou Canot Railroad Bridge. An Amtrak train with 
220 persons on board struck the displaced bridge and derailed. Forty-
two passengers and 5 crewmembers were killed; 103 passengers were 
injured.
    The National Transportation Safety Board determined that the 
probable cause of the derailment was the displacement of the railroad 
bridge when it was struck by a towboat. The allision was a result of 
the pilot's becoming lost and disoriented in the dense fog, in part, 
the Board maintained, because of the U.S. Coast Guard's failure to 
establish higher standards for licensing operators of inland towing 
vessels. This interim rule arises largely from a cooperative effort 
between the Coast Guard and the towing industry.
    This rule 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)).
    A Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT follows:
    Benefits. The principal benefits of this rule will be to enhance 
the safety of navigation and to reduce the risk of collisions, 
allisions, groundings, and human casualties. We intend this rule to 
improve safety in the towing industry by increasing the levels of 
knowledge and proficiency of the mariners in charge of the navigation 
and safety of the towing vessel and crew. The training that is required 
by this rule should significantly decrease the number of fatalities and 
injuries in the towing industry and also reduce the amount of property 
damage.
    We analyzed information from our Marine Safety Management System 
(MSMS) to quantify benefits. We concentrated our analysis of the 
benefits on data sets from 1996 through 1998. First, we analyzed all 
cases where death had occurred involving a towing vessel. There were 21 
accidents resulting in 27 deaths. Secondly, we found about 1500 marine 
casualties involving towing vessels where a lack of knowledge or 
proficiency was cited as a causal factor. For the purpose of analysis 
we examined only the 50 cases where the total damage was the greatest.
    Relying on narratives written by the Investigating Officers (IOs) 
of the Coast Guard, we assigned to cases probabilities depending on the 
likelihood that this rulemaking might have helped in preventing the 
casualty. We recognize that operator error is only one of the causal 
factors in many casualties. Consequently, we gave even incidents that 
earned a ``High'' probability (of avoidance through measures included 
in this rule) only a value of 20 to 40 percent. We gave those that 
earned a ``Low'' probability values of 5 to 15 percent.
    We estimate that annual benefits from preventing deaths will range 
from $2,430,000 to $5,130,000, while annual benefits from preventing 
property damage will range from $1,158,987 to $2,546,694. The 10-year 
present value of total benefits should range from $25,207,543 to 
$53,917,886. The 10-year benefit-cost ratio of this rule should range 
from 2.59 to 5.54 with the average being 4.07.

[[Page 63223]]

    Finally, this benefit analysis considered only a portion of the 
1500 cases where a lack of knowledge or proficiency was cited as a 
causal factor. Also, we did not quantify any benefits from preventing 
injuries. Other areas where benefits exist, but were not quantified, 
were disruption of private automobile and commercial truck traffic when 
bridges are damaged, and environmental damage from spilled cargo.
    Costs. There are around 5,400 documented towing vessels in the 
United States. This rule should have a minimal impact on the operators 
of these vessels because holders of current licenses will be 
grandfathered into new licenses commensurate with their experience. 
Because these new licenses will be issued at the time of routine 
renewal, there will be no new users' fees for them. The rule, however, 
will result in increased fees for new entrants into the towing 
industry.
    Most revisions to the SNPRM, as reflected in this rule, either make 
editorial changes or update technical information to reflect comments 
to the SNPRM. But there are certain ones that are substantive and will 
require different actions by mariners. In response to comments from the 
public and TSAC, we now allow mariners who have not had administrative 
action taken against their license culminating in suspension or 
revocation to submit ``information'' and so forgo any demonstration of 
proficiency for license renewal.
    We estimate the annual costs--including direct costs for new 
entrants into the industry and indirect costs associated with 
industry's increased paperwork burden--of compliance with this rule at 
$1,314,424. The 10-year present value of cost to industry, discounted 
at 7 percent back to 1998, would total $9,231,964.
    The annual Federal Government costs include Coast Guard time and 
resources to review towing officers' assessment records for existing 
mariners, as well as the service records, applications, and check-ride 
results of entry mariners. We estimate the total costs the Government 
burden at $70,464 a year. The 10-year present value of government 
costs, discounted at 7 percent back to 1998, would total $494,910.
    We estimate that the 10-year present value, discounted at 7 percent 
back to 1998, of costs to industry and Government would total 
$9,726,874.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This rule will place its primary economic burden on the mariner, 
not on the mariner's employer. However, we will continue to require 
towing companies to maintain evidence that every vessel they operate is 
under the direction and control of a licensed mariner with appropriate 
experience, including 30 days of observation and training on the 
intended route (as currently required under 46 CFR part 15). These 
companies are also required under 46 CFR part 10 to record and document 
sea service of licensed personnel, which should satisfy the 
recordkeeping and documentation requirements for this rulemaking. This 
analysis considered all of the roughly 1,252 companies operating towing 
vessels to be small entities that will experience increased burdens. At 
an estimated increased burden of 2 hours a company per year, the total 
impact of this rule on small entities should be $42,568 a year (1,252 
companies  x  2 hours a company a year  x  $17 an hour). The estimated 
impact of 2 hours will not apply to all companies since many are 
already compiling the information required under this part. The 
estimated burden is a conservative estimate based upon current 
practice. 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 you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule will have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If this rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Lieutenant Commander Luke 
Harden, Office of Operating and Environmental Standards (G-MSO), Coast 
Guard, telephone 202-267-0229; e-mail L[email protected]. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). You may access 
the Small Business Administration's site on the Internet at http://
www.sbaonline.sba.gov/SBDC/.

Collection of Information

    This interim rule provides for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the collections, a description of 
the respondents, and an estimate of the total annual burden follow. The 
estimate accounts for the time for reviewing instructions, searching 
existing sources of data, gathering and maintaining the data needed, 
and completing and reviewing the collection.
    DOT No.: 2115.
    OMB Control No.: 2115-0623
    Title: Licensing and Manning for Officers of Towing Vessels.
    Collection of Information: This interim rule requires every mariner 
who seeks either an original license as mate (pilot) of towing vessels 
or an endorsement for towing vessels to have a towing officers' 
assessment record. It also requires a report on a final check-ride 
before a designated examiner for every mariner seeking an original 
license.
    Need for Information: The need for the collection of information is 
to ensure that the mariner's training information is available to 
assist in determining his or her overall qualification to hold a 
merchant mariner's license issued by the Coast Guard. These 
recordkeeping requirements are consistent with good commercial 
practices to the end of good seamanship for safe navigation. The 
following is a section-by-section explanation of them:

[[Page 63224]]

    Section 10.304(h) requires each applicant for a license as mate 
(pilot) of towing vessels, and each master or mate of self-propelled 
vessels of greater than 200 gross tons seeking an endorsement for 
towing vessels, to complete a towing officers' assessment record.
    Section 10.463(h) requires a company to maintain evidence that 
every vessel it operates is under the direction and control of a 
licensed mariner with appropriate experience, including 30 days of 
observation and training on the intended route. The company may do this 
with copies of current licenses and voyage records that most companies 
already keep.
    Section 10.464(d)(2) requires masters of vessels of greater than 
200 gross tons to maintain towing officers' assessment records for 
license endorsements as masters of towing vessels. Collection of this 
information is necessary to ensure that the masters have completed the 
series of qualification for the towing industry.
    Sections 10.465(a)(2), (b)(2), (c)(2), and (d) each require a final 
check-ride before a designated examiner. Afterwards, they require the 
applicant to submit his or her completed towing officers' assessment 
record to the Coast Guard Regional Examination Center. Collection of 
this information is necessary because it will raise the safety of 
towing by upgrading the evaluation process.
    Section 10.465(c) also requires mates of self-propelled vessels of 
greater than 200 gross tons to maintain towing officers' assessment 
records for license endorsements over new routes. Collection of this 
information is necessary to ensure that the mates have completed the 
series of qualification for the towing industry.
    Proposed Use of Information: This information warrants the mariner 
qualified to hold a license for the service in which he or she would 
engage.
    Description of Respondents: Mariners licensed to operate towing 
vessels, prospective towing-vessel officers, and companies employing 
these mariners.
    Number of Respondents: 13,024 existing mariners of towing vessels, 
320 new entrants to the industry, and about 1,252 companies employing 
these mariners.
    Frequency of Response: Since licenses are valid for 5-year periods, 
the frequency of response for existing mariners should be 20 percent of 
existing mariners of towing vessels responding in any given year. Each 
year, all new applicants will have a paperwork burden.
    The Coast Guard estimates that 95 percent of existing mariners will 
choose to maintain towing officers' assessment records as a method of 
renewal.
    An estimated 1 percent of currently licensed mariners may complete 
a report on a final check-ride before a designated examiner every year. 
The estimated total percentage of currently licensed mariners who may 
complete a report on the final check-ride during a 5-year period is 5 
percent. Final check-ride before a designated examiner under 
Secs. 10.465(a)(2), (b)(2), and (c)(2) entails a one-time record after 
completion of the mariner's towing officers' assessment record.
    About 1,252 companies must maintain files of licenses and voyage 
records for each mariner, to be revised upon the expansion of a 
mariner's route.
    Burden of Response: About 95 percent of current licensed towing-
vessel operators have to perform an estimated 1.0 hour of management 
time a year to provide the Coast Guard with updates of their licensing 
records. About 5 percent of these operators may have to perform an 
estimated 0.5 hour of management time over 5 years to provide the Coast 
Guard evidence of having performed the final check-ride. About 320 
entry-level mariners seeking licenses to become such operators may have 
to perform an estimated 1.0 hour of management time apiece each year to 
provide the Coast Guard with updates of their licensing records.
    Under Sec. 10.463(h), about 1,252 companies will have to maintain 
evidence that every vessel they operate is under the direction and 
control of a licensed mariner with appropriate experience. (The total 
burden for each company should come to 2 hours for all of its mariners 
each year.)
    The estimated cost to industry (companies and mariners) for this 
collection of information is $283,206 a year. The estimated cost to 
government is $70,464 a year.
    Estimated Total Annual Burden: The total burden of reporting and 
recordkeeping for industry is 15,338 hours a year. The total burden of 
them for government is 2936 hours a year.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this rule to OMB for its review 
of the collection of information. We ask for public comment on the 
collection of information to help us determine how useful the 
information is; whether it can help us perform our functions better; 
whether it is readily available elsewhere; how accurate our estimate of 
the burden of collection is; how valid our methods for determining 
burden are; how we can improve the quality, usefulness, and clarity of 
the information; and how we can minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    We have analyzed this interim rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This interim rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(c), of

[[Page 63225]]

Commandant Instruction M16475.lC, this rule is categorically excluded 
from further environmental documentation. This rule is a matter of 
``training, qualifying, licensing, and disciplining of maritime 
personnel'' within the meaning of paragraph (34)(c) that clearly has no 
environmental impact. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects

46 CFR Part 10

    Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.
    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR parts 10 and 15 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. Revise the authority citation for part 10 to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. Chapter 71; 46 U.S.C 7502, 7505, and 7701; 49 
CFR 1.45 and 1.46. Section 10.107 is also issued under the authority 
of 44 U.S.C. 3507.

    2. In Sec. 10.103, revise the definition of Inland waters; and add 
the definitions of Apprentice mate (steersman) of towing vessels, 
Approved training, Disabled vessel, Harbor assist, and Pilot of towing 
vessels, in alphabetical order, to read as follows:


Sec. 10.103  Definitions of terms used in this part.

    Apprentice mate (steersman) of towing vessels means a mariner 
qualified to perform watchkeeping on the bridge, aboard a towing 
vessel, while in training under the direct supervision of a licensed 
master or mate (pilot) of towing vessels.
* * * * *

    Approved training means training that is approved by the Coast 
Guard or meets the requirements of Sec. 10.309.
* * * * *
    Disabled vessel means a vessel that needs assistance, whether 
docked, moored, anchored, aground, adrift, or under way; but does not 
mean a barge or any other vessel not regularly operated under its own 
power.
* * * * *
    Harbor assist means the use of a towing vessel during maneuvers to 
dock, undock, moor, or unmoor a vessel, or to escort a vessel with 
limited maneuverability.
* * * * *
    Inland waters means the navigable waters of the United States 
shoreward of the Boundary Lines as described in 46 CFR part 7, 
excluding the Great Lakes and Western Rivers. For establishing credit 
for sea service, the waters of the Inside Passage between Puget Sound 
and Cape Spencer, Alaska, are inland.
* * * * *
    Pilot of towing vessels means a qualified officer of towing vessels 
operating only on inland routes.
* * * * *


Sec. 10.201  [Amended]

    3. In Sec. 10.201, in paragraph (f)(1), remove the words ``second-
class operator of uninspected towing vessel'' and add, in their place, 
the words ``mate (pilot) of towing vessels''; and, in paragraph (f)(2), 
remove the words ``designated duty engineer of vessels of not more than 
1,000 horsepower, may be granted to an applicant who has reached the 
age of 18 years'' and add, in their place, the words ``designated duty 
engineer of vessels of not more than 1,000 horsepower, or apprentice 
mate (steersman) of towing vessels, may be granted to an applicant, 
otherwise qualified, who has reached the age of 18 years''.


Sec. 10.203  [Amended]

    4. In Sec. 10.203, in Table 10.203, in column one, remove the word 
``Uninspected'' from before the words ``towing vessels'' and capitalize 
the first letter in the word ``towing''; and, in column two, remove the 
words ``Operator: 21; 2/c operator: 19'' from the license category just 
amended to read ``Towing vessels'' and add, in their place, the words 
``Master of towing vessels: 21; mate (pilot) of towing vessels: 19; 
apprentice mate (steersman): 18''.


Sec. 10.205  [Amended]

    5. In Sec. 10.205, in paragraph (f)(1), remove the words ``operator 
of uninspected towing vessels'' and add, in their place, the words 
``master or mate (pilot) of towing vessels''; and revise paragraph 
(g)(3) to read as follows:
* * * * *
    (g) * * *
    (3) All licenses for master or mate (pilot), except apprentice mate 
(steersman), for towing vessels on oceans.
* * * * *
    6. In Sec. 10.209, add paragraphs (c)(6) and (7) to read as 
follows:


Sec. 10.209  Requirements for renewal of licenses, certificates of 
registry, and STCW certificates and endorsements.

* * * * *
    (c) * * *
    (6) Except as provided by paragraph (c)(7) of this section, an 
applicant for renewal of a license as master or mate (pilot) of towing 
vessels shall submit satisfactory evidence, predating the application 
by not more than 1 year, of satisfying the requirements of paragraph 
(c)(1)(i) or (ii) of this section, or those of paragraph (c)(1)(iv) of 
this section except the exercise; and of either--
    (i) Completing a practical demonstration of maneuvering and 
handling a towing vessel before a designated examiner; or
    (ii) Submitting documentation in the form of a towing officers' 
assessment record that lists training, drills, and experience during 
the license's validity in which an operator's proficiency is assessed 
over time.
    (7) An applicant for renewal of a license as master or mate (pilot) 
of towing vessels whose most recent license was suspended or revoked by 
an administrative law judge for incompetence shall complete the 
practical demonstration rather than submit the towing officers' 
assessment record under paragraph (c)(6)(i) of this section.
* * * * *
    7. In Sec. 10.304, revise the section heading, redesignate 
paragraph (h) as (i), and add new paragraph (h) to read as follows:


Sec. 10.304  Substitution of training for required service, use of 
training-record books, and use of towing officer assessment records.

* * * * *
    (h) Each applicant for a license as master or mate (pilot) of 
towing vessels, and each master or mate of self-propelled vessels of 
greater than 200 gross tons seeking an endorsement for towing vessels, 
shall complete a towing officers' assessment record that contains at 
least the following:
    (1) Identification of the candidate, including full name, home 
address, photograph or photo-image, and personal signature.
    (2) Objectives of the training and assessment.
    (3) Tasks to perform or skills to demonstrate.
    (4) Criteria to use in determining that the tasks or skills have 
been performed properly.
    (5) A place for a qualified instructor to indicate by his or her 
initials that the candidate has received training in the proper 
performance of the tasks or skills.

[[Page 63226]]

    (6) A place for a designated examiner to indicate by his or her 
initials that the candidate has successfully completed a practical 
demonstration and has proved competent in the task or skill under the 
criteria.
    (7) Identification of each qualified instructor by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast Guard license or document held, and personal signature.
    (8) Identification of each designated examiner by full name, home 
address, employer, job title, ship name or business address, number of 
any Coast Guard license or document held, and personal signature 
confirming that his or her initials certify that he or she has 
witnessed the practical demonstration of a particular task or skill by 
the candidate.
* * * * *
    8. In Sec. 10.403, revise the section heading and revise Figure 
10.403 to read as follows:


Sec. 10.403  Structure of deck licenses.

* * * * *

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[[Page 63228]]

Sec. 10.412  [Amended]

    9. In Sec. 10.412(a), remove the words ``operator of uninspected 
towing vessels,''.


Sec. 10.414  [Amended]

    10. In Sec. 10.414(a), remove the words ``operator of uninspected 
towing vessels,''.
    11. Revise Sec. 10.418(b) to read as follows:


Sec. 10.418  Service requirements for master of ocean or near-coastal 
steam or motor vessels of not more than 500 gross tons.

* * * * *
    (b) The holder of a license as master or mate (pilot) of towing 
vessels authorizing service on oceans or near-coastal routes is 
eligible for a license as master of ocean or near-coastal steam or 
motor vessels of not more than 500 gross tons after both 1 year of 
service as master or mate of towing vessels on oceans or near-coastal 
routes and completion of a limited examination.


Sec. 10.420  [Amended]

    12. In Sec. 10.420, remove the words ``operator of uninspected 
towing vessels,''.


Sec. 10.424  [Amended]

    13. In Sec. 10.424(a)(2), remove the words ``operator or second-
class operator of ocean or near-coastal uninspected towing vessels'' 
and add, in their place, the words ``master or mate of ocean or near-
coastal towing vessels''.
    14. Revise Sec. 10.426(a)(2) to read as follows:


Sec. 10.426  Service requirements for master of near-coastal steam or 
motor vessels of not more than 200 gross tons.

    (a) * * *
    (2) One year of total service as licensed master or mate of towing 
vessels on oceans or near-coastal routes. Completion of a limited 
examination is also required.
* * * * *


Sec. 10.442  [Amended]

    15. In Sec. 10.442, paragraphs (a) and (b), remove the words 
``operator of uninspected towing vessels'' from the two places where 
they occur and add, in their places, the words ``master of towing 
vessels''.


Sec. 10.444  [Amended]

    15a. In Sec. 10.444(c), remove the words ``second-class operator of 
uninspected towing vessels'' and add, in their place, the words ``mate 
(pilot) of towing vessels''.


Sec. 10.446  [Amended]

    16. In Sec. 10.446(b)--
    a. In the first sentence, remove the word ``operator'' wherever it 
appears and add, in its place, the word ``master'' and remove the word 
``uninspected'' wherever it appears; and
    b. In the third sentence, remove the words ``operator or second-
class operator of uninspected'' and add, in their place, the words `` 
master or mate (pilot) of''.


Sec. 10.452  [Amended]

    17. In Sec. 10.452(a), remove the words ``operator or second-class 
operator of uninspected towing vessels'' and add, in their place, the 
words ``master or mate (pilot) of towing vessels''.


Sec. 10.462  [Amended]

    18. In Sec. 10.462(c), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.
    19. Add Sec. 10.463 to read as follows:


Sec. 10.463  General requirements for licenses for master, mate 
(pilot), and apprentice mate (steersman) of towing vessels.

    (a) The Coast Guard issues the following licenses:
    (1) Master of towing vessels.
    (2) Master of towing vessels, harbor assist.
    (3) Master of towing vessels, limited.
    (4) Mate (pilot) of towing vessels.
    (5) Mate (pilot) of towing vessels, limited.
    (6) Apprentice mate (steersman).
    (7) Apprentice mate (steersman), harbor assist.
    (8) Apprentice mate (steersman), limited.
    (b) A master license means a license to operate a towing vessel not 
restricted to harbor assist and not restricted to a local area 
designated by the OCMI. This also applies to a mate (pilot) license.
    (c) For this section, limited means a license to operate a towing 
vessel of less than 200 gross tons limited to a local area designated 
by the OCMI.
    20. Revise Sec. 10.464 to read as follows:


Sec. 10.464  Requirements for licenses as master of towing vessels.

    (a) If you would like to obtain a license as master of towing 
vessels endorsed with a route listed in column 1 of Table 10.464-1, 
then you must complete the service requirements indicated in columns 2 
through 5. If you would like to upgrade your license as master of 
towing vessels (harbor assist), then you must complete the service 
requirements listed in columns 6 through 9. You may serve on the 
subordinate routes listed in column 10 if you complete the observation 
and training required in column 11.

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[[Page 63230]]

    (b) If you would like to obtain a license as master of towing 
vessels (harbor assist) endorsed with a route listed in column 1 of 
Table 10.464-2, then you must complete the service requirements 
indicated in columns 2 through 5. If you would like to upgrade your 
license as master of towing vessels (limited), then you must complete 
the service requirements listed in columns 6 and 7, and either 8, 9, or 
10. You may serve on the subordinate routes listed in column 11 if you 
complete the observation and training required in column 12.
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[[Page 63232]]

    (c) If you would like to obtain a license as master of towing 
vessels (limited), then you must complete the service requirements 
listed in Table 10.464-3.

                 Table 10.464-3.--Requirements for License as Master of Towing Vessels (Limited)
----------------------------------------------------------------------------------------------------------------
                                         2 Total service      3 TOS \2\ on T/V as       4 TOS \2\ on particular
          1 Route endorsement                  \1\           limited mate (pilot)                route
----------------------------------------------------------------------------------------------------------------
LIMITED LOCAL AREA (LLA)...............              36   12 of 36..................  3 of 12.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.

    (d) The Coast Guard restricts licenses as master of towing vessels 
for oceans and near-coastal routes by the gross tonnage of the towing 
vessels on which the experience was acquired by 200, 500, 1,600 gross 
tons, per Secs. 10.424, 10.418, and 10.412 of this part, respectively.
    (e) Before you serve as master of towing vessels on the Western 
rivers, you must possess 90 days of observation and training and have 
your license endorsed for Western Rivers.
    (f) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a licensed mariner with 
appropriate experience, including 30 days of observation and training 
on the intended route other than Western Rivers.
    (g) If you hold a license as master of self-propelled vessels of 
greater than 200 gross tons and first-class pilot then you may obtain 
an endorsement for towing vessels (restricted to the service presented) 
if you--
    (1) Have 30 days of training and observation on towing vessels on 
each of the routes for which the endorsement is sought, except as noted 
in paragraph (e) of this section;
    (2) Submit a towing officers' assessment record described in 
Sec. 10.304(h) that exhibits evidence of assessment of practical 
demonstration of skills; and
    (3) Pass an examination.
    21. Add Sec. 10.465 to read as follows:


Sec. 10.465  Requirements for licenses as mate (pilot) of towing 
vessels.

    (a) If you would like to obtain a license as mate (pilot) of towing 
vessels endorsed with a route listed in column 1 of Table 10.465-1, 
then you must complete the service requirements indicated in columns 2 
through 4 and either 5 or 6. If you hold a license as master of towing 
vessels (harbor assist or limited) and would like to upgrade it to mate 
(pilot), then you must complete the requirements in column 7. If you 
hold a license as mate (pilot)(limited) and would like to upgrade it to 
mate (pilot), then you must complete the requirements in columns 2 
through 6 and pass a limited examination. You may serve on the 
subordinate routes listed in column 8 if you complete the observation 
and training required in column 9.

[[Page 63233]]

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BILLING CODE 4910-15-C

[[Page 63234]]

    (b) The Coast Guard restricts licenses as mate (pilot) of towing 
vessels for oceans and near-coastal routes by the gross tonnage of the 
towing vessels on which the experience was acquired-by 200, 500, 1,600 
gross tons, under Secs. 10.424, 10.418, and 10.412 of this part, 
respectively.
    (c) Before you serve as mate (pilot) of towing vessels on the 
Western Rivers, you must possess 90 days of observation and training 
and have your license endorsed for Western Rivers.
    (d) Each company must maintain evidence that every vessel it 
operates is under the direction and control of a licensed mariner with 
appropriate experience, including 30 days of observation and training 
on the intended route other than Western Rivers.
    (e) If you would like to obtain a license as mate (pilot) of towing 
vessels (limited), then you must complete the service requirements 
listed in Table 10.465-2.

              Table 10.465-2.--Requirements for License as Mate (Pilot) of Towing Vessels (Limited)
----------------------------------------------------------------------------------------------------------------
                                                                                        4 Certificate of course
                                                             3 TOS \2\ on T/V as         completion--training
        1 Route endorsement            2 Total service    apprentice mate (steerman)     officers' assessment
                                             \1\                                                record
----------------------------------------------------------------------------------------------------------------
LIMITED LOCAL AREA (LLA)...........                 24   6 of 24....................  Either.
----------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.

    (f) If you hold a license as mate of self-propelled vessels of 
greater than 200 gross tons and one as first-class pilot then you may 
obtain an endorsement for towing vessels (restricted to the service 
presented) if you--
    (1) Have 30 days of training and observation on towing vessels on 
each of the routes for which you seek the endorsement, except as noted 
in paragraph (c) of this section;
    (2) Submit a towing officers' assessment record described in 
Sec. 10.304(h) that exhibits evidence of assessment of practical 
demonstration of skills; and
    (3) Pass an examination.
    (g) An approved training course for mate (pilot) of towing vessels 
must include formal instruction and practical demonstration of 
proficiency either on board a towing vessel or at a shoreside training 
facility before a designated examiner, and must cover--
    (1) Shipboard management and training;
    (2) Seamanship;
    (3) Navigation;
    (4) Watchkeeping;
    (5) Radar;
    (6) Meteorology;
    (7) Maneuvering and handling of towing vessels;
    (8) Engine-room basics; and
    (9) Emergency procedures.


Sec. 10.466  Redesignated as Sec. 10.467

    22. Redesignate Sec. 10.466 as Sec. 10.467 and add a new 
Sec. 10.466 to read as follows:


Sec. 10.466  Requirements for licenses as apprentice mate (steersman) 
of towing vessels.

    (a) If you would like to obtain a license as apprentice mate 
(steersman) of towing vessels listed in column 1 endorsed with a route 
listed in column 2 of Table 10.466-1, then you must complete the 
service requirements indicated in columns 3 through 6.

                             Table 10.466-1.--Requirements for License as Apprentice Mate (Steersman \4\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      3 Total                                  5 TOS \2\ on
           1 License type                  2 Route endorsed         service \1\      4 TOS \2\ on T/V        particular route     6 Pass examination \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN)....  OCEANS (O).................              18  12 of 18..............  3 of 18...............  Yes.
                                     NEAR-COASTAL (NC)..........              18  12 of 18..............  3 of 18...............  Yes.
                                     GREAT LAKES-INLAND (GL-I)..              18  12 of 18..............  3 of 18...............  Yes.
                                     RIVERS (R).................              18  12 of 18..............  3 of 18...............  Yes.
                                     WESTERN RIVERS (WR)........              18  12 of 18..............  3 of 18...............  Yes.
(2) APPRENTICE MATE (STEERSMAN)      NOT APPLICABLE.............              18  12 of 18..............  3 of 18...............  Yes.
 (HARBOR ASSIST).
(3) APPRENTICE MATE (STEERSMAN)      NOT APPLICABLE.............              18  12 of 18..............  3 of 18...............  Yes.
 (LIMITED) \4\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Service is in months.
\2\ TOS is time of service.
\3\ The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination.
\4\ For all inland routes, as well as Western Rivers, the license as steersman is equivalent to that as apprentice mate. All qualifications and
  equivalencies are the same.

    (b) If you hold a license as apprentice mate (steersman) of towing 
vessels you may obtain a restricted endorsement as limited apprentice 
mate (steersman). This endorsement will go on your license after you 
pass an examination for a route that is not included in the current 
endorsements and on which you have no operating experience. Upon 
completion of 3 months of experience on that route, you may have the 
restricted endorsement removed.
    23. Revise Sec. 10.482(a) to read as follows:

[[Page 63235]]

Sec. 10.482  Assistance towing.

    (a) This section contains the requirements to qualify for an 
endorsement authorizing an applicant to engage in assistance towing. 
The endorsement applies to all licenses except those for master and 
mate (pilot) of towing vessels and those for master or mate authorizing 
service on inspected vessels over 200 gross tons. Holders of any of 
these licenses may engage in assistance towing within the scope of the 
licenses and without the endorsement.
* * * * *


Sec. 10.701  [Amended]

    24. In Sec. 10.701(a), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.


Sec. 10.703  [Amended]

    25. In Sec. 10.703(a), remove the words ``operator of uninspected 
towing vessels'' and add, in their place, the words ``master or mate 
(pilot) of towing vessels''.


Sec. 10.901  [Amended]

    26. In Sec. 10.901(b)(1), remove the words ``uninspected towing 
vessels'' and add, in their place, the words ``master or mate (pilot) 
of towing vessels''.
    27. In Sec. 10.903--
    a. In paragraph (c) in Table 10.903-1, in the entry for STCW CODE 
II/2, p. 3 & 4, add an ``X'' in column 7;
    b. In paragraph (c) in Table 10.903-1, in the entry for STCW CODE 
II/3, remove the ``X'' in column 7; and
    c. Revise paragraphs (a)(18), (b)(4), and (c)(7) to read as 
follows:


Sec. 10.903  Licenses requiring examinations.

    (a) * * *
    (18)(i) Apprentice mate (steersman) of towing vessels;
    (ii) Apprentice mate (steersman) of towing vessels, harbor assist;
* * * * *
    (b) * * *
    (4) Master or mate (pilot) of towing vessels (endorsed for the same 
route).
    (c) * * *
    (7) Master or mate of towing vessels of over 200 gross tons, oceans 
(domestic trade) and near-coastal.
* * * * *
    28. In Sec. 10.910, revise paragraphs 10 through 12 in Table 
10.910-1 to read as follows:


Sec. 10.910  Subjects for deck licenses.

* * * * *
    10. Apprentice mate, towing vessels, ocean (domestic trade) and 
near-coastal routes.
    11. Apprentice mate (steersman), towing vessels, Great Lakes and 
inland routes.
    12. Steersman, towing vessels, Western Rivers.
* * * * *

PART 15--MANNING REQUIREMENTS

    29. Revise the authority citation for part 15 to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), and 9102; and 49 CFR 1.45 and 1.46.


Sec. 15.301  [Amended]

    30. Section 15.301 is amended as follows:
    a. In paragraph (a), add the definition of Disabled Vessel, in 
alphabetical order;
    b. Remove paragraph (b)(6); and
    c. Redesignate paragraphs (b)(7) through (10) as paragraphs (b)(6) 
through (9).
    The addition to Sec. 15.301(a) reads as follows:
    (a) * * *
    Disabled vessel means a vessel that needs assistance, whether 
docked, moored, anchored, aground, adrift, or under way; but does not 
mean a barge or any other vessel not regularly operated under its own 
power.
* * * * *
    31. Revise Sec. 15.610 to read as follows:


Sec. 15.610  Master and mate (pilot) of towing vessels.

    Every towing vessel at least 8 meters (at least 26 feet) in length 
measured from end to end over the deck (excluding sheer), except a 
vessel described by the next sentence, must be under the direction and 
control of a person licensed as master or mate (pilot) of towing 
vessels or as master or mate of vessels of appropriate gross tonnage 
holding an endorsement on his or her license for towing vessels. This 
does not apply to any vessel engaged in assistance towing, or to any 
towing vessel of less than 200 gross tons engaged in the offshore 
mineral and oil industry if the vessel has sites or equipment of that 
industry as its place of departure or ultimate destination.


Sec. 15.705  [Amended]

    32. In Sec. 15.705(d), remove the words ``individual operating an 
uninspected towing vessel'' and add, in their place, the words ``master 
or mate (pilot) operating a towing vessel''; and remove the words 
``individuals serving as operators of uninspected towing vessels'' and 
add, in their place, the words ``masters or mates (pilots) serving as 
operators of towing vessels''.
    33. In Sec. 15.805, add paragraph (a)(5) to read as follows:


Sec. 15.805  Master.

    (a) * * *
    (5) Every towing vessel of at least 8 meters (at least 26 feet) or 
more in length.
* * * * *
    34. In Sec. 15.810, redesignate paragraphs (d) and (e) as (e) and 
(f); and add a new paragraph (d) to read as follows:


Sec. 15.810  Mates.

* * * * *
    (d) Each person in charge of the navigation or maneuvering of a 
towing vessel of at least 8 meters (at least 26 feet) in length shall 
hold either a license authorizing service as mate of towing vessels--
or, on inland routes, as pilot of towing vessels--or a license as 
master of vessels of appropriate gross tonnage according to the routes, 
endorsed for towing vessels.
* * * * *
    35. Revise Sec. 15.910 to read as follows:


Sec. 15.910  Towing vessels.

    No person may serve as master or mate (pilot) of any towing vessel 
of at least 8 meters (at least 26 feet) in length unless he or she 
holds a license authorizing such service.

    Dated: November 9, 1999.
R.C. North,
Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 99-29832 Filed 11-18-99; 8:45 am]
BILLING CODE 4910-15-U