[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Rules and Regulations]
[Pages 35801-35818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15225]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10 and 15

[USCG 1999-6224]
RIN 1625-AA15


Licensing and Manning for Officers of Towing Vessels

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule amends the rules on licensing and manning for 
officers of towing vessels. It makes final, minor revisions in response 
to comments to the several interim rules that preceded it. It will help 
mariners obtain the appropriate licenses and so it will increase the 
competence of mariners and the safety of navigation.

DATES: This final rule is effective September 15, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG 1999-6224 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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: If you have questions on this rule, 
call Lieutenant Commander Luke Harden, Office of Operating and 
Environmental Standards (G-MSO), Coast Guard, telephone 202-267-0229. 
If you have questions on viewing or submitting material to the docket, 
call Dorothy Beard, Chief, Dockets, Department of Transportation, 
telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On November 19, 1999, we published a first interim rule with 
request for comments (64 FR 63213). It established updates to the 
licensing and manning for officers of towing vessels and the 
qualifications of those officers. We had chosen an interim rule to 
provide the towing industry further opportunity for comment; to answer 
comments received on the Supplemental Notice of Proposed Rulemaking 
(SNPRM) (62 FR 55548 (October 27, 1997)); to address concerns received 
at public meetings; and to provide the public an opportunity to respond 
to changes reflected in the SNPRM. On October 27, 2000, we published a 
second interim rule (65 FR 64388), which delayed the implementation of 
the first interim rule until May 21, 2001. Delaying the rule gave us 
the opportunity and time to clarify this rule through a third interim 
rule, which we published on April 26, 2001 (66 FR 20931), and to issue 
guidelines implementing it.
    This final rule constitutes an essential part of a comprehensive 
initiative to improve navigational safety for towing vessels. (Although 
the Coast Guard shifted from the Department of Transportation to the 
Department Of Homeland Security on March 1, 2003, by authority of 
subsection 103(c) of the Homeland-Security Act of 2002 (Pub. L. 107-
296), the current Secretary shares the judgment of the former that this 
rulemaking constitutes such an essential part.) You can glean the full 
background of the final rule from the preambles to the notice of 
proposed rulemaking (NPRM) (61 FR 31332 (June 19, 1996)); to the SNPRM; 
and to the first and third interim rules (64 FR 63213 (November 19, 
1999) and 66 FR 20931 (April 26, 2001), respectively). The following 
are separate sections on Discussion of Comments for those two interim 
rules.
    We now list and discuss comments from the first interim rule, 
treated together in groups by alphabetical order of topics:

Discussion of Comments on Interim Rule of November 19, 1999, 
Advancement Gap

    Three comments stated that the interim rule would greatly disrupt 
the towing industry since steersmen's licenses would not be issued for 
18 months and masters' licenses for 48 months after the effective date. 
The Coast Guard acknowledges a reduction in the number of mariners 
initially licensed as masters; however, we disagree that a gap will 
last 48 months. Further, in the third interim rule and in this final 
rule, we have also reduced these impacts by allowing unlicensed 
mariners with service on towing vessels before May 21, 2001, to seek 
licenses under the rules in place before that date.

Apprentice Mate (Steersman)

    One comment asked whether we consider an apprentice mate 
(steersman) to be an officer of a towing vessel. As we stated in 
previous preambles, we do not.
    One comment supported the concept of a steersman license, but 
recommended reducing the service time from 12 months to 6 months. Even

[[Page 35802]]

though some apprentice mates (steersmen) may be able to meet these 
requirements within 6 months in specific locations, this final rule 
sets the minimum requirements that apply to all apprentice mates 
(steersmen), in all locations.
    One comment asked that the Coast Guard grandfather time spent in 
training for steersmen before the implementation date. The Coast Guard 
sees this as a reasonable request, and has already taken the 
appropriate action to accommodate it.
    One comment suggested reducing the training time for intra-coastal 
canals, noting that towing on the Western Rivers may require 12 months 
training but that training on the Intra-Coastal Waterway does not 
require so much training. It is the Coast Guard's opinion that reducing 
training would be inconsistent with the spirit and intent of this rule: 
to ensure its appropriateness to all mariners in all locations.

Assessment

    One comment asked whether direct supervision by a licensed master 
or mate (pilot) required that officer to be physically present. Yes, it 
means physically present and more directly supervising the apprentice 
mate (steersman).
    One comment stated that it would take significant work to establish 
the guidance, standards, and procedures necessary to effect an orderly 
transition to the new system. The Coast Guard recognizes this issue and 
agrees. We published the second interim rule delaying implementation 
just so we could develop such guidance, which is available in the form 
of Navigation and Vessel Inspection Circular (NVIC) 4-01.

Assistance Towing

    Two comments recommended limiting the length of disabled vessels to 
not more than 100 feet for assistance towing. It is beyond the scope of 
this final rule to redefine ``assistance towing''.
    One comment stated that the definition of a ``disabled vessel,'' 
which excludes a barge or any other vessel not regularly operated under 
its own power, would cause a hardship on the assistance-towing industry 
and would eliminate the exemptions on marine-assistance vessels. The 
comment also recommended a limit on the size of small work-barges used 
in assistance towing. The Coast Guard disagrees; 46 U.S.C. 8904(b) lays 
down a specific requirement for us to license those persons involved in 
towing disabled vessels for consideration. Rules already cover the 
towing of vessels that are not disabled, and barges are not disabled 
vessels unless they cannot be used for their intended purpose.
    One comment suggested that the rule let the Captain of the Port 
(COTP) grant exemptions to the towing rules applied to assistance-
towing vessels. The COTPs already have this authority in emergencies. 
It would be inconsistent with extant Federal rules, which for good 
reason prohibit the practice of the towing of a vessel that is not 
disabled by an individual licensed for assistance towing.
    One comment stated that assistance-towing time should count toward 
a license as master of towing vessels. The crediting of assistance 
towing or other service, except as noted in 46 CFR 10.466, toward a 
license as master or mate (pilot) of towing vessels for commercial 
towing, has never been contemplated in this rulemaking or discussed in 
previous forms of this rule.
    One comment stated that assistance towing comprises assisting not 
only pleasure vessels but also commercial vessels and non-self-
propelled barges. The Coast Guard agrees that assistance towing is 
limited to assisting disabled vessels. A disabled vessel can be a 
commercial vessel; however, the test in this case is whether such a 
vessel is disabled and is in need of assistance.
    One comment stated that the rules on licensure in towing are 
inappropriate for the work done by the assistance-towing industry. This 
rule does not revise the rules that apply to assistance towing, it 
merely clarifies the definition of ``disabled vessel''.

Companies' Responsibility

    One comment stated that companies should have to reply to requests 
for service letters. 46 CFR 10.211 requires the documenting of sea 
service. This final rule provides another method for mariners' own 
documenting through a Towing Officers' Assessment Record (TOAR).
    One comment read 46 CFR 10.464(f) and 10.465(f) to require that all 
companies ensure 30 days of observation and training for new hires 
before releasing them to work under the authority of their licenses as 
members of the wheelhouse complement. The Coast Guard agrees.
    Two comments believed it is the responsibility of companies, only, 
to make sure that mariners are competent. The Coast Guard disagrees; 
the responsibility is also incumbent upon the Coast Guard as well as, 
in the first instance, upon the mariner himself or herself.
    One comment asked whether companies should ensure that their 
vessels are under the direction and control of persons with appropriate 
experience on the water. The answer to this question is yes, as 
required under 46 CFR 15.401.

Consistency

    One comment asked how the Coast Guard intends to ensure that the 
training and evaluation of mariners are consistent. The Coast Guard 
establishes the minimum acceptable standards for assessment, training, 
and courses. This arrangement allows industry the freedom to develop 
programs within a wide spectrum, while maintaining at least these 
standards.

Cost

    One comment suggested that the Coast Guard actively and personally 
solicit the views of smaller towing companies rather than those of the 
larger companies. That was the purpose of two of the interim rules--to 
receive comments from all interested parties.
    One comment stated that the nominal cost neglects both the loss of 
licensed mariners who are unwilling to submit to the stringent regimen 
of this final rule through early retirement and the training of 
replacements. The Coast Guard disagrees with the comment since current 
towing-vessel operators are grandfathered and need only meet minimal 
added requirements.

Definitions

    Four comments stated that the definition of ``disabled vessel'' is 
unduly restrictive to the assistance-towing industry, because it 
excludes the towing of a barge or any other vessel not regularly 
operated under its own power of any length, and voids our rules' own 
exemption for marine-assistance vessels. We disagree, as we stated in 
our response to the third comment under ``Assistance Towing''. 
Furthermore, our rules do not provide an exemption for assistance-
towing vessels; rather, they cover assistance-towing endorsements under 
a specific rule, 46 CFR 10.482. And, finally, the definition was 
developed in concert with Congressional staff members, assistance-
towing companies, and the U.S. Coast Guard.
    One comment asked whether the term ``Western Rivers'' should apply 
to pilots of towing vessels. The term applies as intended. Inland 
routes include Great Lakes and Western Rivers.

Demonstration of Proficiency

    Three comments disagreed with a requirement of check rides for 
persons already doing the job (licensed commercial towing). The Coast 
Guard

[[Page 35803]]

agrees in part. Only those mariners who fail to provide documentation 
of proficiency, and those who have had their licenses suspended, will 
need to demonstrate proficiency.
    Two comments questioned the duration of the demonstration of 
proficiency: Whether the demonstration would be a short-term evaluation 
or conducted over the full period of training. It is the Coast Guard's 
opinion that the demonstration should extend over the full period of 
training; except that, in the case of a mariner returning from the 
suspension of his or her license, that demonstration may be short-term.
    One comment sought clarification on what documentation of 
proficiency the Regional Examination Centers (RECs) would require 
before license renewal, and on the meaning of ``current license''. The 
Coast Guard clarified this issue in NVIC 4-01. The ``current license'' 
mentioned in the preamble refers to the license the mariner held before 
May 21, 2001.
    One comment stated that the check-ride requirement for license 
renewal might unfairly affect a small business without a Designated 
Examiner (DE) and might result in increased expense. The Coast Guard 
disagrees. Check rides are necessary only when a mariner lacks other 
documentation of training and service at renewal. Although this 
requirement may affect businesses, the process of developing DEs should 
allow every company, regardless of size, to have a DE.
    One comment asked whether the decision requiring a check ride at 
the time of renewal would belong to a license evaluator instead of a 
higher authority. The evaluator should be the person best able to 
identify whether there is sufficient information within an application 
package. Although a check ride is available for the REC to use, this 
process is only for those cases when the mariner is unable to furnish 
documentary evidence that he or she obtained training and service 
during the preceding licensed period.
    One comment identified a need for objectives and assessment 
criteria for the DE to use when conducting check rides. The Coast Guard 
agrees. The objectives should be based upon the TOAR published in NVIC 
4-01. The assessment criteria are before the Towing Safety Advisory 
Committee (TSAC) and will become available in the Federal Register.

Designated Examiner (DE)

    Three comments stated that the term ``designated examiner'' (DE) 
needs further clarification in regard to qualifications and 
expectations. The term and what it entails are fully explained in NVICs 
4-01 and 6-97.
    One comment stated that any process for developing DEs must be 
smooth and that the requirements must use common sense. The commenter 
also suggested that the process contemplated by this rulemaking draws 
too much from the International Convention on Standards of Training, 
Certification, and Watchkeeping for Seafarers (STCW), as amended, and 
is inconsistent with towing on inland rivers and the Western Rivers. 
There is no compelling rationale to remove the requirement; however, 
the Coast Guard eased the process for obtaining the letter of 
designation as a DE, which it describes in NVIC 4-01.
    One comment stated that qualifications for DEs are a point of 
controversy in the offshore industry, and that the towing industry 
should expect similar controversy. With or without controversy, the 
Coast Guard must ensure that DEs are adequately trained and qualified.
    One comment asked that the final rule clearly reflect that the same 
person may both instruct and evaluate a candidate. There is nothing in 
this rule or previous rules prohibiting a person from both instructing 
and evaluating a candidate.
    One comment asked whether any liability attaches to the DE for his 
or her recommendations. If evidence exists demonstrating that the DE is 
not ensuring the proficiency of the candidates, the Coast Guard may 
withdraw his or her designation. The DE is able to determine only that 
a candidate is competent at the time of assessment.
    One comment stated that mariners, who are already overworked and in 
short supply, would face an added workload by participating in the 
program for Qualified Instructors (QIs) and DEs. The commenter also 
stated that mariners who are retired, disabled, or otherwise inactive, 
even if not holding licenses, should be eligible to be QIs and DEs. The 
Coast Guard disagrees. The process establishes that a mariner must hold 
a valid license to become a DE. If a mariner holding a license chooses 
to become a DE, he or she may do so; however, he or she must still 
comply with the watch-hour requirements of 46 CFR 15.705.
    One comment stated that the rule overlooks the fact that a DE 
should expect payment for his services. The commenter also stated that 
an employer could use coercion to gain a favorable evaluation, ``while 
the threat of a Coast Guard subpoena could cause stress, anxiety, and 
embarrassment for the Designated Examiner.'' There are numerous ways a 
DE could receive payment. Coercion could occur, but we don't believe it 
is a substantial concern. Although our authority to issue subpoenas 
might intimidate some, there are too many personalities involved to 
determine why or when, or to prevent coercion in all cases.
    One comment asked why the Coast Guard does not see a DE's 
administering check rides for his employer as a conflict of interest. 
Our opinion is that no conflict of interest arises since it is in both 
the employer's and the DE's best interest to ensure that a mariner 
receiving certification can safely complete his or her duties.
    One comment stated that maritime educators and marine-membership 
organizations need leeway to effectively deal with rehabilitating 
mariners and returning them to service. The comment asked whether the 
Coast Guard had fully considered that a mariner returning from a 
suspension of a license might be unemployed and not have access to a 
vessel for his or her testing, and whether the Coast Guard would let a 
mariner get a job, return to work, and then arrange for his or her 
check ride. Our rules state that no mariner may return to work in a 
position requiring a license if his or her license is suspended; yet 
nothing in those rules or this rule limits his or her ability to work 
in an unlicensed position.

Equivalents

    One comment asked whether tonnage restrictions contained in 46 CFR 
15.910 would persist. No. The tonnage restrictions that existed in 
Sec.  15.910 until May 21, 2001, no longer exist, since this final rule 
effectively removes the equivalent provision on licensure.

General

    Two comments stated that the most critical challenge is 
implementing the final rule. They suggested that the best way to meet 
the challenge is through an ongoing consultative process involving the 
industry, the Coast Guard, and licensed operators. The Coast Guard 
agrees with this comment and has been working with the TSAC on 
implementing the rule.
    One comment stated that the rule should differentiate between 
licenses for towing on oceans and near-coastal waters and those for 
towing on inland waters and Western Rivers, since these two methods of 
towing are extremely different. That was the rule's main intent--to 
separate the types of towing. The TOARs fit the methods of towing in 
the areas of operation and the routes sought.

[[Page 35804]]

    One comment asked whether mariners currently operating towing 
vessels would have to obtain towing-vessel endorsements after the final 
rule became effective but before their licenses expired. No, they would 
not need the endorsement until their first renewal after the rule 
became effective.
    One comment suggested that the rule allow a mariner to obtain a 
towing-vessel endorsement on a license as master of steam and motor 
vessels of not more than 200 gross register tons (GRT). This would 
allow a mariner to operate towing vessels after only 12 months of sea 
service. The Coast Guard disagrees. This rule seeks to improve safety 
through increased service and training. Acceptance of this suggestion 
would result in decreasing the level of service and training throughout 
the fleet.
    One comment questioned the phrase ``oceans (domestic trade).'' This 
phrase persists from the current rules. This is due, in part, to 
restricting operators of uninspected towing vessels (OUTVs) to domestic 
trade only.
    One comment stated that the changes are superficial because they 
merely codify standard practice. The Coast Guard disagrees. Many 
companies still lack established training programs.
    One comment stated that pilots should not have to be trained just 
to be in the good graces of a company. The purpose of this rule is to 
increase safety on towing vessels, not to influence personnel 
management within a company.
    One comment asked whether 46 CFR 15.910 contradicts 46 CFR 15.610. 
No, it does not. Section 15.910 removes the provision on equivalents in 
the rules effective before May 21, 2001, and restates the manning 
requirements in Sec.  15.610.
    One comment raised three questions about 100-ton licenses: whether 
mariners holding such licenses and operating towing vessels could 
continue that service, whether other mariners could undertake that 
service, and whether the license would show tonnage under the 
International Tonnage Convention (ITC). Mariners legally operating 
towing vessels could continue operating them under the current 
restrictions of their licenses. Mariners without experience operating 
towing vessels before May 21, 2001, even if they held licenses 
authorizing service on vessels of less than 200 GRT, could not get 
towing endorsements, unless they went through the training outlined in 
the rules. If mariners want their licenses to show tonnage under the 
ITC, we will place GT (gross tons) instead of GRT on their licenses.
    One comment recommended that we use Table 10.910-2, instead of the 
list in Sec.  10.465(g), to ensure the adequacy of approved training 
courses. We agree and will institute that change.
    One comment asked whether waters specified by 33 CFR 89.25 are 
inland waters rather than Western Rivers. Yes, 33 CFR 89.25 prescribes 
inland rules 9(a)(ii), 14(d), and 15(b) for specific, named waterways. 
By contrast, 46 CFR 10.103 identifies inland waters in general (with 
reference to the Boundary Lines described elsewhere).
    One comment asked about the scope of limited exams in 46 CFR 
10.418(b) and 10.426(a)(2). These exams remain the same as those in 
place before May 21, 2001.
    One comment asked about the scope of the exam for apprentice mate 
(steersman). It is the same as the scope of the exam required for OUTVs 
before May 21, 2001. (See Table 46 CFR 10.910, columns 11 and 12.)
    One comment asked which exam a mariner takes when moving from mate 
of inspected steam vessels (not more than 200 GRT) to mate of towing 
vessels. Moving between these vessel types as described is 
impermissible under this rule.
    One comment opposed the two-watch system for offshore towing 
vessels. The Coast Guard acknowledges the comment, but notes that this 
standard is statutory and is not the subject of this or any other 
regulatory process.
    One comment wanted the Department of Transportation to clamp down 
on employers who knowingly hire, and entrust their vessels to, 
unlicensed personnel. (We take this comment to apply with equal force 
to the Department of Homeland Security, or DHS.) The Coast Guard and 
DHS need the assistance of all hands in the industry, both corporate 
and private, to identify such wrongdoing for appropriate investigation.
    One comment questioned ``time-and-a-half'' as it affects straight 
12-hour shifts. This issue is a matter of policy and sometimes of 
collective-bargaining agreements but not a subject of this rule.
    One comment wanted to see passenger-vessel combinations, of any 
type, operated by masters of inspected vessels of appropriate route and 
tonnage, and passenger-carrying tug-barge combinations, operated by 
masters of towboats or of passenger barges at the owners' option. The 
Coast Guard agrees, and has provided guidance to the local Officers in 
Charge, Marine Inspection, by way of Navigation and Vessel Inspection 
Circular (NVIC) 4-01, when determining the manning of such vessels.

Grandfathering of Licenses

    Five comments asked whether the final rule would affect licensed 
routes. We do not intend to remove any routes currently on any license. 
Each mariner would keep any routes he or she holds on his or her 
license.
    Two comments asked for a clearer definition of ``recent towing 
service.'' The Coast Guard will accept (and expect) evidence of service 
on towing vessels within the last 90 days, before it will confer the 
initial towing-vessel endorsement.
    One comment suggested that the TSAC determine the procedures for 
grandfathering mariners. The Coast Guard disagrees, as we established 
the grandfathering of mariners in the third interim rule.
    One comment recommended that the final rule allow the 
grandfathering of persons licensed as masters of vessels of 100 GRT, 
mates of vessels of 200 GRT, or first-class pilots whose licenses were 
issued before the effective date. The Coast Guard disagrees, and 
maintains that a towing endorsement requires towing experience.
    One comment suggested grandfathering persons with current licenses 
endorsed for assistance towing. The Coast Guard disagrees for the 
reasons set forth in the fourth paragraph under ``Assistance Towing''.
    One comment asked whether a mariner grandfathered as a master of 
towing vessels could work on an integrated tug and barge (ITB). Yes, 
that mariner could work on any towing vessel unless his or her license 
held a limit or a route inconsistent with the operation of the ITB.

Harbor Assist

    One comment asked how the license for master (harbor assist) would 
fit in ports where several different types of towing take place. That 
license has been merged with the license for master (limited local 
area) by this rulemaking.
    One comment requested that the Coast Guard adjust the service time 
for master (harbor assist) by reducing the time to 36 months, which 
would become possible if it reduced the service time for apprentice 
mate from 30 months to 18 months. Again, the Coast Guard has combined 
this master's license with the license for master (limited local area) 
and removed the license as mate (pilot) of towing vessels (limited). 
The total service time already stands at 36 months.

Inland Waters: Definition

    Two comments stated that altering the definition of ``inland 
waters'' potentially

[[Page 35805]]

reaches every license-holder. We have revised the definition to reach 
only masters and mates (pilots) of towing vessels on the Western 
Rivers.
    One comment stated that inland waters currently comprise the Gulf 
Intracoastal Waterway and Western Rivers, and that separating those two 
would create work for the mariner. The Coast Guard agrees; however by 
request of industry and the public during the comment periods on the 
NPRM and the SNPRM, the two were separated, and will remain distinct.
    One comment stated that the interim rule would affect all mariners 
with ocean and near-coastal routes when they entered waters designated 
as Western Rivers. The Coast Guard agrees, but the rule would not 
affect currently licensed mariners able to document service on the 
Western Rivers. In this final rule we have taken further action to 
mitigate the effects.

Integrated Tugs and Barges

    Two comments expressed concern that the Coast Guard has neither 
shown the rationale for changing the manning of ITBs being used as 
passenger vessels nor shown that the masters of such vessels have 
different criteria to consider in operating the vessels. The comments 
asked the Coast Guard to withdraw the portion of the rules that apply 
to ITBs involving passenger vessels. The Coast Guard acknowledges the 
comments. This final rule does not change the rules on the manning of 
inspected passenger vessels; this responsibility still resides with the 
local OCMI. NVIC 4-01 provides specific information and non-binding 
guidance to assist the OCMI in determining the manning of towing 
vessels.
    One comment stated that the interim rule imposes added requirements 
on personnel holding unlimited licenses for masters and mates on Great 
Lakes with pilotage, and is a needless burden. The Coast Guard deems 
this burden minor, whether to those with towing experience on the Great 
Lakes or to those with unlimited licenses.
    One comment stated that the rule does not consider the nature of 
ITBs and their similarity to standard vessels, and that changing the 
rule would bar, from operating ITBs, those masters currently operating 
vessels before their conversion to ITBs. The Coast Guard disagrees. 
Mariners with licenses for vessels greater than 200 GRT may operate 
such vessels once they have completed 30 days of familiarization and 
their TOARs. Further, this situation is rare and would be best for the 
local OCMI to handle case by case.
    One comment stated that the preamble said ITBs must be operated by 
mariners who hold towing-vessel licenses. This rule establishes a 
wholly independent process for obtaining such licenses and vacates the 
practice of allowing a superior license to subsume the ``lesser 
included authority''. The Coast Guard, through this rule, recognizes 
the special skills required to operate towing vessels and requires a 
training program for mariners to achieve those skills.

License Evaluations

    One comment stated that every evaluator should go through training 
at Yorktown, Virginia, and that this training should be available to 
maritime educators. Like the towing industry, the Coast Guard runs on-
the-job training for its own evaluators, similar to those for private-
sector evaluators under the TOAR program. The training of marine 
educators is not part of this rulemaking.

License Renewals

    Two comments stated that the renewal process should let the 
employer submit a letter attesting to the competence of a mariner, 
instead of practical demonstration or a TOAR. The Coast Guard agrees. 
The letter would need to meet the requirements of 46 CFR 10.211 and 
contain specific information about the mariner's competence, completed 
training, drills conducted, and so forth. The intent is to document 
competence and training over time, and to provide alternative methods 
for documenting them.
    One comment stated that mariners who document service on their 
license, without incurring administrative action against the license, 
should be able to renew the license without completing practical 
demonstrations before DEs. The Coast Guard agrees. The primary purpose 
of the TOAR is assessing mariners' service between apprentice mate 
(steersman) and mate (pilot) of towing vessels, or between other 
adjacent points in their career, as required by these rules.

Limited Local Area

    One comment asked whether a geographically limited license had to 
be renewed where it was issued. The answer is ``yes'', since a limited 
license is issued to a mariner who does not meet all of the 
requirements for a ``full'' or non-limited license. A geographically 
limited license is issued at the discretion of the cognizant OCMI if, 
in the opinion of that OCMI, the mariner possesses the skills, 
knowledge, and experience to safely operate within the restrictions of 
the license. Because this determination requires local knowledge of a 
particular geographic area, and because conditions in that area may 
change, we feel the cognizant OCMI should have the opportunity to re-
evaluate the candidate when the license is renewed. Geographically 
limited licenses, whether original or renewal, are best considered and 
issued by the REC for the area in which the mariner will operate.
    One comment stated that 46 CFR 10.464-3 requires enough total 
service to adversely affect the availability of properly licensed 
operators of harbor tugs now and for the coming years, as well as 
impose a significant impact on small entities. The intent of this rule 
is to increase the training and experience (indicated by service) of 
mariners operating towing vessels; however, we have reduced the total 
service required for harbor assist towing vessels and are streamlining 
the process.

Outer Continental Shelf, Activities

    Two comments asked whether the Coast Guard would continue to exempt 
towing vessels involved in activities on the Outer Continental Shelf 
from these rules. The Coast Guard notes that 46 U.S.C. 8905(b) remains 
in effect, and is beyond the scope of this rulemaking.

Pilot vs. Mate

    One comment asked why the definition of ``pilot of towing vessels'' 
is limited to Inland routes. During the development of this project, 
the Western Rivers towing industry did not like using the term 
``mate'', a term commonly used to indicate a deckhand rather than an 
officer in charge of navigating the towing vessel. The definition of 
the term ``pilot of towing vessels'' is limited to operating only on 
inland routes to avoid the confusion with first-class pilot and various 
state pilot licenses.
    One comment asked whether the choice of the title of a mate (pilot) 
license, as appropriate, would belong to the mariner and also whether 
any nation-wide guidance would be forthcoming. Yes, the choice would 
belong to the mariner, although such guidance would state that 
personnel of RECs should ensure that the mariner understands that 
changing the title of the license might result in extra fees. The 
guidance appears in NVIC 4-01.

Public Meetings

    Five comments sought public meetings at various locations so 
affected mariners could provide further comments, including the need 
for a general meeting on the Upper Mississippi River and another to 
discuss

[[Page 35806]]

recency of towing service. The Coast Guard deemed that mariners have 
had adequate opportunity for comment during the five public meetings 
previously held. In addition, the Coast Guard has conducted public 
outreach on all issues throughout the towing industry since the 
publication of the first interim rule.

Recency

    One comment received showed concern about the loss of licensed 
routes if a mariner is unable to show recency on a segment of a 
waterway. There is nothing in this final rule that would remove routes 
from a license for failure to maintain recency.
    One comment asked about the recency requirement for towing service 
at the time of renewal. This rule has not changed this requirement. A 
mariner would have to show recency of service on towing vessels and 
ongoing training at time of renewal.

Regional Examination Centers (RECs)

    Three comments stated that this rule, as proposed, would 
significantly increase the workload at RECs. The Coast Guard 
acknowledges that it would increase the workload; however, the 
increased workload is acceptable for the expected gains from this rule.

Responsibility of the Master

    Two comments disagreed that the master should be responsible for 
what occurs when he or she is not on watch. The Coast Guard partly 
agrees, and points to the SNPRM's preamble, where the issue is 
discussed. A master is not responsible for the negligence or misconduct 
of the mate (pilot) of towing vessels on watch.

Route Endorsements

    Two comments stated it was unclear whether there would be a Great 
Lakes inland route and a Western Rivers route. Yes, there will be 
distinct Great Lakes inland and Western Rivers routes.
    One comment sought clarification on the application of route-
observation days for the towing endorsements on licenses for vessels 
over 200 GRT, as those days affect pilotage rules. This rulemaking does 
not address or revise the pilotage rules. The route-observation days in 
this rulemaking are specific to observation on a towing vessel while a 
candidate completes a TOAR.
    One comment stated that a towing endorsement on a license over 200 
GRT should be based on 30 days of total observation and be inclusive of 
all subordinate routes without necessitating service on each route. The 
Coast Guard agrees; however, throughout this rulemaking, the towing 
industry has emphasized the need to ensure that officers are familiar 
with the Western Rivers. That route will not be included without 90 
days of observation on it.
    One comment recommended consolidating two routes--the Western 
Rivers and the Great Lakes inland--and authorizing those licensed for 
the latter to operate on the Western Rivers. The Coast Guard 
acknowledges the comment, but the recommendation is not consistent with 
either the majority of input received on this issue or with the sounder 
policy on it.
    One comment stated that the requirement of 90 days observation and 
training for Western Rivers would make it extremely difficult to obtain 
the proper endorsement for a mariner sailing on periodic ocean voyages 
but entering Western Rivers. The Coast Guard agrees, and maintains that 
this endorsement should be based on observation and training on Western 
Rivers, and not based on convenience. However, a process has been 
created for such a mariner to obtain an endorsement only for the Lower 
Mississippi River.
    One comment asked whether there would be a fee for removing the 
restricted endorsement issued under 46 CFR 10.466(b). Yes, there will 
be a fee imposed under 46 CFR 10.109, since removal constitutes another 
transaction at a REC.
    One comment agrees that geographic endorsements are a good idea, 
but recommends allowing a company to post a licensed mariner for a 
reasonable time without the cost of training the mariner. The Coast 
Guard disagrees. Having a mariner unfamiliar with a waterway operate 
the vessel, as distinct from having him or her train aboard it under 
supervision, does not make sense, even if he or she holds a license. A 
mariner must hold a license endorsed for the appropriate route to 
operate the vessel. A mariner may also, after completing an exam, hold 
a restricted endorsement for mate (pilot) of towing vessels and, after 
completing 90 days of service on the new route, have that route added 
to his or her license.

Sea-Going Tows

    One comment stated that we should distinguish between oceans and 
near-coastal routes only in the exam, and, in the exam, only on such 
topics as celestial navigation. The Coast Guard disagrees. The two 
routes differ in two important respects: the practical assessment of 
mariners on STCW, and firefighting. This has not changed the exam 
requirements for the two routes.

Sea Service

    Two comments urged that a mariner should be able to make a 
statement concerning his or her service in regard to his or her 
experience. For the first renewal after May 21, 2001, there should be 
some evidence, within the file on the license, describing where a 
mariner has completed towing service. The Coast Guard would need 
documentary evidence, provided by the mariner, if nothing existed 
within the file for certain routes.
    One comment asked about the minimum towing service required for 
renewal within the 12 months of service. The towing service required 
for renewal remains the same except for added training.
    One comment asked how seasonal operators' time would count for 
vessels visiting multiple limited construction areas over 12 months of 
service. Service time would count the same as it does under current 
practices.
    One comment argued that, unless an uninspected towing vessel has a 
separate engine department, all the service should count toward engine 
or deck, as requested by the mariner. This rule does not modify the 
treatment of service, whether deck or engineering. Service will 
continue to count--or not--according to rule and policy.
    One comment asked that we identify the civil penalties that apply 
to violations of these particular rules by either the company or the 
mariner. The commenter also asked where all current civil-penalty cites 
pertaining to violations of 46 CFR part 10 are compiled and available 
for public viewing. A list of these cites is available from: Commandant 
(G-LMI), U.S. Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC 20593-0001. Actual cases may be requested from the Coast 
Guard under the Freedom of Information Act (FOIA). Specify cases under 
46 U.S.C. 8906 and 46 CFR 15.610.
    One comment stated that a company's withholding records would now 
become critically important to the mariner because these records, now, 
not only would cover service but also might cover training. The Coast 
Guard agrees. That is why the TOAR provides another method for 
documenting training and competency, as well as service.

Simulators

    One comment requested that simulators be one method of 
demonstrating proficiency under 46 CFR 10.209(c)(6)(i). The Coast Guard 
agrees and notes that full mission simulators, approved by the National

[[Page 35807]]

Maritime Center, would meet the intent of the paragraph, within this 
final rule.
    One comment stated that using a simulator would be an expensive way 
for an unemployed mariner, after a suspension of license, to 
demonstrate proficiency. The Coast Guard agrees; however, this rule 
provides many ways to demonstrate proficiency, of which using a 
simulator is just one.
    One comment asked why tonnage calculated under the ITC does not 
figure in the rule. There is no clear conversion between ITC and 
domestic tonnage, for licensing. We hold vessels of 200 GRT equivalent 
to those of 500 GT (ITC).

STCW Endorsements

    One comment asked whether we would charge a user's fee for an STCW 
endorsement. No, the Coast Guard does not intend to charge user fees. 
Please see Table 10.109 of this title.

Tables

    One comment stated that Figure 10.403 does not include licenses for 
Offshore Supply Vessels. This rule applies only to OUTVs. It revises 
Figure 10.403 only as necessary for them.
    One comment discovered errors in the footnotes to the tables: 
``COTP'' in place of ``OCMI'', and ``Training'' in place of ``Towing''. 
The Coast Guard appreciates the comment and has corrected the errors.
    One comment asked whether an exam exists for each route referred to 
in the footnote regarding routes. Yes, the exams for routes are those 
where differences arise for ``Rules of the Road'', such as changes to 
the International Regulations for Preventing Collisions at Sea, or to 
navigational requirements, such as a requirement of celestial 
navigation.

Tonnage Restrictions

    Two comments argued that we should strike the use of tonnage or any 
other limiting criteria as they apply to the licenses for officers of 
towing vessels. The Coast Guard agrees, with the exception of 
``inspected vessels''--defined by tonnage--whose officers must meet 
requirements on licenses, experience, and training beyond the normal 
requirements for towing vessels.
    One comment insisted that tonnage limits on towing-vessel licenses 
are not appropriate and were not recommended by the TSAC. The third 
interim rule provided tonnage limitations for those mariners operating 
towing vessels under the equivalence provision existing before May 21, 
2001. That interim rule continues to limit those mariners to the 
tonnage listed on the face of their license, if it was 200 GRT or less. 
This rule maintains this provision.
    Two comments likewise challenged 46 CFR 10.464(d) and 10.465(b) in 
the first interim rule regarding the placement of tonnage limits on 
licenses for oceans and near-coastal waters. The Coast Guard agrees, 
and has revised those paragraphs by removing the reference to such 
limits.

Towing Officers' Assessment Record (TOAR)

    Two comments stated that there is no reason why a Training Record 
Book (TRB) for the STCW cannot serve in place of the TOAR, as long as 
the TRB contains all the information required by the TOAR. The Coast 
Guard agrees. The use of a TRB will be permissible as long as the 
mariner accounts for any differences between the TOAR and the TRB, and 
documents the training beyond the TRB.
    One comment stated that the TSAC should draft the NVIC and the TOAR 
for this rule to ensure uniformity. The TSAC was involved in the 
process and developed the TOAR incorporated in NVIC 4-01. The TSAC may 
be likewise involved with the next NVIC.
    One comment requested that no mariner's photo appear in the TOAR. 
The Coast Guard disagrees. It is necessary for both the Coast Guard and 
the DE to be able to identify the mariner holding the TOAR. The 
photograph provides the most efficient method of this identification.
    One comment asked whether the Coast Guard plans to tell the RECs, 
but not the mariners, what assessment records to maintain for renewal. 
The TOAR is not necessary for those mariners first renewing their 
license between May 21, 2001, and May 21, 2006.
    One comment asked where a mariner can obtain a TOAR. An example 
accompanies NVIC 4-01, which is available on the Internet at 
www.uscg.mil/hq/g-m/nvic/4-01/n4-01.pdf.
    One comment asked whether, since 95 percent of mariners affected 
choose to maintain TOARs, it would not be sensible for the Coast Guard 
to promote uniformity by making the necessary forms available free of 
charge. The Coast Guard is publishing an example in NVIC 4-01, which 
mariners may print from the Internet and use.
    One comment stated that the interim rule is not clear whether the 
TOAR is going to be required at the first renewal after implementation. 
The TOAR will not be required for those mariners currently operating 
towing vessels.
    One comment stated that the interim rule fails to provide 
sufficient details regarding the assessment records--including specific 
objectives and criteria on which to base assessments. NVIC 4-01 
provides the details not covered in the rule.

Towing Vessel Limited

    One comment asked whether the limit of 200 GRT covers all routes. 
No, the limit of 200 GRT covers routes over limited local areas.

Training Requirements

    One comment recommended that the Coast Guard create the position of 
course evaluator, who could rule that a course meets a defined minimum 
standard and approve the course; otherwise, the Coast Guard needs to 
streamline the process. The Coast Guard agrees, and has course 
evaluators assigned at the National Maritime Center.
    One comment sought clarification on the applicability of the 
requirement for masters and mates in 46 CFR 10.205(g)(2) to have 
training in firefighting when they serve on towing vessels over 200 
GRT. The comment declared that that requirement would exceed the 
current one for OUTVs. A requirement for training in firefighting 
existed for OUTVs operating on oceans routes before May 21, 2001. 
Another, similar requirement persists in 46 CFR 10.205(g)(3) for 
certain masters and mates (pilots) of towing vessels. As the comment 
observed, Sec.  10.205(g)(3) addresses this training. That paragraph 
expressly notes that its requirement applies only to masters and mates 
(pilots) of towing vessels in ocean service. However, its requirement 
would apply to officers of towing vessels if they were operating 
vessels of over 200 GRT in near-coastal service as well, by virtue of 
the rules implementing the STCW.
    One comment stated that the requirements in 46 CFR 10.465(g), 
effective on May 21, 2001, for an approved training course go beyond 
those that are the subject of exams in Table 10.910-2. The commenter 
added that requirements must be consistent. The Coast Guard disagrees. 
The approved training course replaces completion of the TOAR, not the 
exam. All apprentice mates (steersmen) will have taken the exam, and 
may then choose either to take the approved training course or to 
complete their TOARs.
    One comment alleged that the interim rule presents a problem: That 
few, if any, towboat operators have received formal training in 
firefighting. The

[[Page 35808]]

comment further alleged that there is good reason to require such 
training for licensed officers of towing vessels. The Coast Guard 
agrees in part. Officers who would receive ocean endorsements on their 
licenses must receive such training.

Transition Period

    One comment recommended language to grandfather candidates who 
anticipate completing training within three months of the interim 
rule's effective date. The Coast Guard accepts this recommendation.

Western Rivers

    One comment stated that the 90-day requirement would make it 
extremely difficult for a mariner, entering the Western Rivers on 
periodic ocean voyages, to obtain the proper endorsement. The Coast 
Guard agrees; and maintains that that endorsement should be based on 
observation and training on Western Rivers, and not based on 
convenience. However, a process has been created in this final rule to 
allow a mariner operating periodically on the Western Rivers to obtain 
an endorsement for the ``pilotage waters of the Lower Mississippi 
River'', in less than the 90 days required for a Western Rivers 
endorsement.
    One comment asked whether adding an endorsement for Western Rivers 
to an existing license would entail an exam. No, all that would be 
necessary would be proof of service.
    One comment saw no need for the Coast Guard to start issuing 
endorsements for the Western Rivers again. We disagree: the 
desirability of issuing licenses for the Western Rivers arises 
precisely from the responses to the SNPRM.
    One comment asked what the differences are between the Western 
Rivers and other rivers. Unlike other waterways, the Western Rivers 
have huge tows operating on them.

Comments Beyond the Scope of the Rulemaking

    There were four comments beyond the scope of this rulemaking. We 
will not discuss them here.

Comments Specific to the Third Interim Rule

    We will, however, discuss here comments on the third interim rule 
(66 FR 20931 (April 26, 2001)), in alphabetical order. There were seven 
of them, in three letters.

Definition of Disabled Vessel

    One comment challenged our decision not to change the definition of 
``disabled vessel'' in 46 CFR 10.103 of the third interim rule. The 
comment stated that, unchanged, the definition would not clarify 
confusion caused, and not lessen the burdens imposed, by that rule. The 
commenter added that the definition would leave a ``tremendous burden 
on a large number of marine assistance firms,'' and be ``unduly 
restrictive because towing a barge or any other vessel not regularly 
operated under its own power of any length'' would void the exemption 
for marine-assistance vessels. The Coast Guard reiterates that such 
towing very well should void the exemption. The rule for assistance 
towing established this license precisely for those mariners providing 
assistance to pleasure vessels. The rule also addressed head-on both 
the towing of barges and inter-marina towing, both of which the Coast 
Guard had found inconsistent with the intent of Congress.

License Stipulations

    Two comments expressed concern over the stipulation that the 
license for officers of towing vessels would not authorize foreign 
voyages, or even domestic voyages, of towing vessels over 200 GT. The 
Coast Guard agrees with this concern and, in this final rule, allows 
mariners licensed under this rule to operate all towing vessels of less 
than 300 GRT on domestic voyages on oceans and near-coastal waters, 
and, if they satisfy international requirements, on foreign voyages.

Service on Lower Mississippi River

    Two comments suggested that mariners seeking authority to operate 
on the Lower Mississippi River, above mile 304.1, have to obtain 
endorsements for Western Rivers by completing the TOAR for those 
Rivers--but equally that those mariners with endorsements for oceans, 
near-coastal service, or Great Lakes inland service seeking to operate 
below mile 304.1 should not have either to obtain the endorsement or to 
complete the TOAR. The Coast Guard agrees. However, we have chosen to 
use, instead of mile 304.1, mile 234, which is already established by 
rule as pilotage waters.

Single Track for Licensing

    Two comments stated there should be a single track for licensing, 
to meet the unique needs of coastal harbor tugs, inland fleet boats, 
and other craft of such limited operations. They urged us to combine 
the tracks for ``harbor assist'' and ``limited local area'' in a single 
``limited'' licensing-progression: Apprentice mate or steersman 
(limited) and master (limited). The Coast Guard agrees, and has 
combined the tracks in this final rule.

Comments Received Outside of the Comment Period

    After the comment period closed, on July 25, 2001, the American 
Waterways Operators (AWO) and other towing-industry representatives 
identified an apparent inconsistency in the third interim rule. In that 
rule, mariners who began service and training on towing vessels before 
May 21, 2001, could continue training under the process in place then 
and obtain the license as master of towing vessels by May 21, 2004. 
After May 21, 2004, the requirements of this rule must be met. The 
apparent inconsistency arises in that such mariners are not also able 
to obtain the license as mate (pilot) of towing vessels.
    In the development of that rule, the Coast Guard determined that 
the predominant licensing transaction for towing vessels was the 
obtaining of a license as an OUTV. That license corresponded directly 
to one as master of towing vessels. The license that corresponded to 
one as mate (pilot) of towing vessels was the 2nd-class operator's 
license--a license rarely issued even before May 21, 2001. Because of 
this rarity, the third interim rule did not include a provision to 
allow a mariner to obtain a license as mate (pilot) of towing vessels 
following the requirement for the 2nd-class operator's license. The 
Coast Guard agrees that an inconsistency exists and, in this final 
rule, allows a mariner to obtain the license as mate (pilot) of towing 
vessels, until November 21, 2003, using the process for a 2nd-class 
operator's license. This provides a more gradual implementation of this 
rule, as well as aligns the treatment of the licenses for master and 
mate (pilot) of towing vessels.

Regulatory Evaluation

    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget (OMB) has not reviewed it under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS)(44 FR 11040 (February 26, 1979)).
    There were no comments on this section in response to the third 
interim rule (66 FR 20931 (April 26, 2001)), though the rule did invite 
comments.
    We expect the economic impact of this rule to be so minimal that a 
full

[[Page 35809]]

Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Assessment

    This rule will amend the licensing and manning for officers of 
towing vessels by making minor revisions to the third interim rule. 
This rule will help mariners obtain the appropriate licenses for such 
officers.
    This rule makes changes or updates of technical information and 
reflects comments to both the first interim rule (64 FR 63213 (November 
19, 1999)) and the third interim rule. These changes or updates will 
not impose any new costs on the towing industry.
    There are around 5,400 documented towing vessels in the United 
States. We presented estimates of the aggregate costs of this set of 
rulemakings in the third interim rule. Below are the estimates as 
presented there.
    The annual costs--including costs for new entrants into the 
industry and monetary costs due to industry's paperwork burden--of 
compliance total $1,310,644. The 10-year present value of cost to 
industry, from 2001 up to 2010, discounted at 7 percent to 2000, totals 
$9,205,414.
    The annual costs to the Federal Government comprise the time and 
resources of the Coast Guard to review the documentation of ongoing 
training and drills such as TOARs for serving mariners, as well as the 
service records, applications, and check-ride results of entering 
mariners. We estimated the total costs to the Government at $70,464 a 
year. The 10-year present value of these costs, discounted at 7 percent 
to 2000, totals $494,910.
    We estimate that the 10-year present value, discounted at 7 percent 
to 2000, of costs to industry and Government are $9,700,324.

Benefits to Industry

    This final rule will improve navigational safety for towing vessels 
and will clarify the requirements for obtaining appropriate licenses 
imposed by the amendments of the third interim rule. It will combine 
the licenses for ``harbor assist'' and ``limited local area'' into a 
single progression toward a limited license: Apprentice mate 
(steersman) (limited) and master (limited) for consistency.
    This rule will also provide mariners with flexibility when seeking 
authority for service on the Lower Mississippi River, and when seeking 
to operate uninspected towing vessels on domestic voyages as long as 
they meet international requirements on foreign voyages.
    We presented estimates of the aggregate benefits of this set of 
rulemakings in the third interim rule. Below are the estimates as 
presented there.
    The annual benefits from preventing deaths range from $2,430,000 to 
$5,130,000, while those from preventing property damage range from 
$1,158,987 to $2,546,694. The 10-year present value of total benefits 
ranges from $25,207,543 to $53,917,886. Therefore, the 10-year benefit-
cost ratio of this rule ranges from 2.60 to 5.56 with the average being 
4.08.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final rule will 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. (It does not include individual mariners.) This final rule will 
not impose any new costs on the towing industry beyond the costs 
imposed by the intermim rule(s).
    There are 1,252 small businesses operating towing vessels, and none 
will suffer under this rule. We previously presented for public comment 
the effect of the set of rulemakings on small entities. We received no 
comments regarding that effect.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rulemaking so that they could better 
evaluate its effects on them and participate in it. We have 
consistently provided small entities a point of contact for assistance 
in understanding this rule. We have also completed a number of outreach 
activities that provided small entities added opportunities to seek 
clarification on the rule (from the project officer).
    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).

Collection of Information

    This final rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
    The first and third interim rules did call for a collection of 
information. As required by 44 U.S.C. 3507(d), we submitted a copy of 
those rules to the OMB for its review of the collection of information. 
The OMB has approved the collection for two parts. The part numbers are 
46 CFR parts 10 and 15, and the corresponding approval number is OMB 
Control Number 2115-0623, which expires on May 31, 2004.
    You need not respond to a collection of information unless it 
displays a currently valid Control Number.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this final rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this final rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This final rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights (53 FR 8859 (March 15, 1988)).

Reform of Civil Justice

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

[[Page 35810]]

Protection of Children

    We have analyzed this final rule under Executive Order 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.

Consultation and Coordination With Indian Tribal Governments

    This final rule will not have tribal implications; will not impose 
substantial direct compliance costs on Indian tribal governments; and 
will not preempt tribal law. Therefore, it is exempt from the 
consultation requirements of Executive Order 13175. If we had 
identified tribal implications during the comment period, we would have 
undertaken appropriate consultations with the affected Indian tribal 
officials.

Energy Effects

    We have analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order, because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs of the OMB as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Environment

    We have considered the environmental impact of this final rule and 
concluded that, under section 6(a) of the ``Appendix to National 
Environmental Policy Act: Coast Guard Procedures for Categorical 
Exclusions, Notice of Final Agency Policy'' (67 FR 48244 (July 23, 
2002)), this rule is categorically excluded from further environmental 
documentation. Under section 6(a), this exclusion is appropriate for 
rules that are ``editorial or procedural, such as those updating 
addresses or establishing application procedures.'' A Determination of 
Categorical Exclusion is available in the docket where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.


0
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

0
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, 7701, and 
8906; Department of Homeland Security Delegation 0170. Section 
10.107 is also issued under the authority of 44 U.S.C. 3507.


0
2. In Sec.  10.403, revise Figure 10.403 to read as shown:


Sec.  10.403  Structure of deck licenses.

* * * * *

[[Page 35811]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.305


[[Page 35812]]



0
3. In Sec.  10.463--
0
a. Remove paragraphs (a), (b)(2), and (b)(7);
0
b. Redesignate the introductory language of paragraph (b) and 
paragraphs (b)(1), (b)(3), (b)(4), (b)(5), (b)(6), (b)(8), (c), and (d) 
as the introductory language of paragraph (a) and as paragraphs (a)(1), 
(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (b), and (c), respectively; and
0
c. In newly redesignated paragraph (b) remove the words ``not 
restricted to harbor assist and''.


0
4. In Sec.  10.464--
0
a. Remove paragraph (b) and remove Table 10.464-3;
0
b. Redesignate paragraphs (c), (d), (e), (f), (g), (g)(1), (g)(2), 
(g)(2)(i), (g)(2)(ii), (h), (h)(1), (h)(1)(i), (h)(1)(ii), (h)(1)(iii), 
(h)(2), (h)(2)(i), and (h)(2)(ii) as paragraphs (b), (c), (d), (e), 
(f)(1), (f)(2), (f)(2)(i), (f)(2)(ii), (g), (g)(1), (g)(1)(i), 
(g)(1)(ii), (g)(1)(iii), (g)(2), (g)(2)(i), and (g)(2)(ii), 
respectively;
0
c. In newly redesignated paragraph (f)(2)(ii), remove the last 
sentence; and
0
d. Revise paragraph (a), revise Table 10.464-1, revise newly 
redesignated paragraph (b), revise Table 10.464-2, and add new 
paragraph (f)(3) 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. You may serve on the subordinate routes listed in column 6, 
without further endorsement.

[[Page 35813]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.306


[[Page 35814]]


    (b) If you would like to obtain a license as master of towing 
vessels (limited), then you must complete the requirements listed in 
columns 2 through 5 of Table 10.464-2.
[GRAPHIC] [TIFF OMITTED] TR17JN03.307

* * * * *
    (f) * * *
    (3) Your license does not need a towing endorsement if you hold a 
TOAR or complete a TOAR.
* * * * *

0
5. In Sec.  10.465--
0
a. In paragraph (a) remove the words ``harbor assist or'', remove Table 
10.465-2 and remove paragraph (d);
0
b. Redesignate paragraphs (e) and (f) as paragraphs (d) and (e), 
respectively; and
0
c. Revise Table 10.465-1, revise newly redesignated paragraph (e) and 
add new paragraph (f) to read as follows:


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

* * * * *

[[Page 35815]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.308

* * * * *
    (e) 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 the material 
(dependent upon route) required by Sec.  10.910-2 for apprentice mate 
(steersman), towing vessels on ocean and near coastal routes; 
apprentice mate (steersman), towing vessels on Great Lakes and inland 
routes; or, steersman, towing vessels on Western Rivers routes.
    (f) If you began your service or training before May 21, 2001, you 
may

[[Page 35816]]

receive a license as mate of towing vessels if before November 21, 
2003, you complete the examination required by Sec.  10.903(a)(18)(i) 
and meet the requirements in either paragraph (f)(1)(i) or (f)(1)(ii) 
of this section:
    (1) You must have served at least 18 months on deck, including 12 
months on towing vessels. This service must have included--
    (i) At least 3 months of training or duty in the wheelhouse of 
towing vessels, and 3 months of service in each particular geographic 
area for which you seek endorsement on the license; and
    (ii) At least 6 months on towing vessels while holding a merchant 
mariner's document endorsed as able seaman unlimited, able seaman 
limited, or able seaman special, including 3 months in each particular 
geographic area for which you seek an endorsement; and either--
    (A) Two months of training or duty in the wheelhouse; or
    (B) One month of training or duty in the wheelhouse combined with 
completion of a course of training as towboat operator approved by the 
Commanding Officer, National Maritime Center, under subpart C of this 
part.

    6. In Sec.  10.466, revise Table 10.466-1 to read as follows:


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

* * * * *

[[Page 35817]]

[GRAPHIC] [TIFF OMITTED] TR17JN03.309

* * * * *

0
7. In Sec.  10.903--
0
a. Remove paragraph (a)(18)(ii) and redesignate paragraph (a)(18)(iii) 
as paragraph (a)(18)(ii);
0
b. Redesignate paragraphs (c)(7) through (c)(18) as paragraphs (c)(8) 
through (c)(19), respectively; and
0
c. Add paragraph (c)(7) to read as follows:


Sec.  10.903  Licenses requiring examinations.

* * * * *
    (c) * * *

[[Page 35818]]

    (7) Master or mate of towing vessels of over 200 gross tons, oceans 
and near-coastal.
* * * * *

PART 15--MANNING REQUIREMENTS

0
8. 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), 8906, and 9102; and Department of Homeland Security 
Delegation 0170.


0
9. In Sec.  15.610--
0
a. In paragraph (b)(1)(ii) following the words ``of towing vessels'' 
remove the words ``(Harbor assist) or''; and
0
b. Add paragraph (d) to read as follows:


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

* * * * *
    (d) Any towing vessel operating in the pilotage waters of the Lower 
Mississippi River must be under the control of an officer who holds a 
first-class pilot's license or endorsement for that route, or meets the 
requirements of either paragraph (d)(1) or paragraph (d)(2) of this 
section as applicable:
    (1) To operate a towing vessel with tank barges, or a tow of barges 
carrying hazardous materials regulated under part N or O of this 
subchapter, an officer in charge of the towing vessel must have 
completed 12 round trips over this route as an observer, with at least 
3 of those trips during hours of darkness, and at least 1 round trip of 
the 12 within the last 5 years.
    (2) To operate a towing vessel without barges, or a tow of 
uninspected barges, an officer in charge of the towing vessel must have 
completed at least four round trips over this route as an observer, 
with at least one of those trips during hours of darkness, and at least 
one round trip of the 12 within the last 5 years.

    Dated: April 14, 2003.
Paul J. Pluta,
Assistant Commandant for Marine Safety, Security and Environmental 
Protection.
[FR Doc. 03-15225 Filed 6-16-03; 8:45 am]
BILLING CODE 4910-15-P