[Federal Register Volume 65, Number 27 (Wednesday, February 9, 2000)]
[Proposed Rules]
[Pages 6350-6351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2894]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[USCG 1999-6097]


Federal Pilotage for Foreign-Trade Vessels in Maryland

AGENCY: Coast Guard, DOT.

ACTION: Notice of public meeting and extension of comment period.

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SUMMARY: The Coast Guard is holding a public meeting to solicit 
comments on a proposed change to the licensing requirements for pilots 
of vessels engaged in foreign trade, under way on the navigable 
waterways within the State of Maryland. We have proposed to require 
that such vessels be under the direction and control of Federally-
licensed pilots when not under the direction and control of State-
licensed pilots. Because of substantial interest, we have scheduled a 
public meeting on March 1, 2000, regarding the proposed rule, and we 
have extended the public comment period until April 1, 2000. We 
encourage you to provide oral and written comments about the proposed 
change.

DATES: The public meeting is scheduled for Wednesday, March 1, 2000, 
from 7 p.m. to 10 p.m. The meeting will convene at 7 p.m.; however, it 
may conclude before 10 p.m. if we finish early. Comments and related 
material must reach the Docket Management Facility on or before April 
1, 2000.

ADDRESSES: The public meeting will be held at the Bachelors Officers' 
Quarters (B.O.Q.) conference room at the Coast Guard Yard, Building 
28A, 2401 Hawkins Point Road, Baltimore, MD 21226-1791.
    Because of heightened security considerations on Federal 
installations, we will require photo identification (a driver's 
license, merchant mariner's document, or State identification) for 
admittance to the Coast Guard Yard. Please register in advance of the 
meeting with Mr. Timothy Farley, Office of Investigations and Analysis 
(G-MOA), Coast Guard, phone 202-267-1414, e-mail 
[email protected]. For security and organizational purposes, we 
want to know your name and whether you intend to speak at the meeting. 
The resulting list will assist security guards at the gate and provide 
the order of speakers at the meeting. Individuals who do not call in 
advance may be required to sign in at the gate. Vehicles and 
possessions are subject to search pursuant to Title 41 of the Code of 
Federal Regulations, part 101-20.
    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 1999-6097), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By 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.
    The Docket Management Facility maintains the public docket for this 
notice. Comments and material received from the public 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 proposed rule, 
contact Mr. Timothy Farley, Office of Investigations and Analysis (G-
MOA), Coast Guard, telephone 202-267-1414, e-mail 
[email protected]; or you

[[Page 6351]]

may contact Lieutenant Michael Dreier, Office of Standards, Evaluation 
and Development (G-MSR), Coast Guard, telephone 202-267-6490, e-mail 
[email protected]. For questions on viewing or submitting material 
to the docket, call Dorothy Walker, Chief, Dockets, Department of 
Transportation at 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-
6097), 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 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 self-addressed, stamped postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of the 
comments.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with 
disabilities, or to request special assistance at the meeting, contact 
Mr. Timothy Farley, phone 202-267-1414, e-mail [email protected], 
as soon as possible.

Background and Purpose

    Under 46 U.S.C. 8503(a) the Secretary of Transportation may require 
a Federally-licensed pilot to be aboard a self-propelled vessel engaged 
in foreign trade and operating on the navigable waters of the United 
States when State law does not require a pilot. 46 U.S.C. 8503(b) 
provides the Coast Guard the authority to require Federally-licensed 
pilots on vessels engaged in foreign trade. This authority terminates 
when the State having jurisdiction establishes a superseding 
requirement for a State pilot and notifies the Coast Guard of that 
fact.
    Commercial vessels transit the navigable waters of the State of 
Maryland carrying various types of freight, oil, and hazardous 
substances and materials, as well as large quantities of bunkers. Under 
Maryland law [General Statutes of Maryland, Sec. 11-501], every vessel 
(foreign or domestic) sailing under register must use a State-licensed 
pilot if it is under the control of a docking master while maneuvering 
with tug assistance during berthing or unberthing, or shifting within a 
port. Maryland does not license, establish qualifications for, or 
regulate the competency of docking masters. Although all docking 
masters now operating in the Port of Baltimore already hold valid 
Federal pilots' licenses (or pilotage endorsements on Federal 
licenses), holding these is voluntary and is as yet neither a State nor 
a Federal requirement. Anyone may serve as a docking master, and, by 
law, no one needs to demonstrate proficiency or competency to do so.
    We have determined that it is unsafe for certain vessels to 
undertake intra-port transits, or otherwise navigate in the waters of 
the State of Maryland, except when under the direction and control of 
pilots accountable to the State or the Coast Guard. Operating these 
vessels with docking masters who are either not licensed (or endorsed) 
as Federal or State pilots or not operating under the authority of 
pilots' licenses presents an unacceptable risk to human life, property, 
and the environment.
    To ensure accountability, the Coast Guard proposed changes to its 
licensing regulations in a notice of proposed rulemaking entitled, 
``Federal Pilotage for Foreign-Trade Vessels in Maryland'' [October 21, 
1999 (64 FR 56720)]. These changes would require persons providing 
pilotage to operate under the authority of either a valid State or a 
valid Federal pilot's license. The proposed rule would add a new 
section to Subpart I of 46 CFR part 15 to require that a foreign-trade 
vessel be under the direction and control of a Federally-licensed pilot 
when operating in designated waters of Baltimore Harbor from the Key 
Bridge to moor, except when under the direction and control of a State-
licensed pilot operating under the authority of his or her State 
license.
    The rule would ensure that vessels are navigated by competent, 
qualified persons, knowledgeable in the local area and accountable to 
either the State or the Coast Guard. It would also promote navigational 
safety by increasing the level of accountability and reducing the risk 
of marine casualties in the waters of Maryland.

    Dated: February 2, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-2894 Filed 2-8-00; 8:45 am]
BILLING CODE 4910-15-P