[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Rules and Regulations]
[Pages 52789-52795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21118]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10 and 15

[Docket No. USCG-2006-26202]
RIN 1625-AB10


Training and Service Requirements for Merchant Marine Officers

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard amends certain regulations relating to mariner 
training and service. These regulatory changes remove the expiration 
date of the radar-observer endorsement from the merchant mariner's 
license, allow for an apprentice mate of towing vessels to reduce sea-
service time for mate (pilot) of towing vessels by completing 
additional approved training, and provide an alternate path to mate 
(pilot) of towing vessels for master of steam or motor vessels of any 
tonnage that is 200 GRT or less. These changes are intended and 
expected to eliminate confusion and provide alternate training and 
service requirements for mate (pilot) of towing vessels.

DATES: This final rule is effective October 14, 2008.

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-2006-26202 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Commander Kelly Post or Mr. Gerald Miante, CG-5221, Coast Guard, 
telephone 202-372-1401. If you have questions on viewing the docket, 
call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Table of Abbreviations
II. Regulatory History
III. Background and Purpose
IV. Discussion of Comments and Changes
V. Regulatory Evaluation
    A. Executive Order 12866
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Table of Abbreviations

GRT Gross Register Tons
MMC Merchant Mariner's Credential
NPRM Notice of Proposed Rulemaking
OSV Offshore Supply Vessel
SNPRM Supplemental Notice of Proposed Rulemaking
TOAR Towing Officer Assessment Record
TSAC Towing Safety Advisory Committee

II. Regulatory History

    On September 17, 2007, we published a Notice of Proposed Rulemaking 
(NPRM) entitled ``Training and Service Requirements for Merchant Marine 
Officers'' in the Federal Register (72 FR 52841). The comment period 
closed on December 17, 2007. We received a total of 14 comments on the 
NPRM. No public meeting was requested, and none was held.

III. Background and Purpose

    The revisions contained within this final rule: (1) Remove the 
expiration date of the radar-observer endorsement from the merchant 
mariner's license; (2) Allow for an apprentice mate of towing vessels 
to reduce required minimum sea-service time for mate (pilot) of towing 
vessels by completing additional approved training; and (3) Provide an 
alternate path to mate (pilot) of towing vessels for a master of steam 
or motor vessels of any tonnage that is 200 gross register tons (GRT) 
or less.
    (1) Radar-observer endorsement: A petition for rulemaking was 
submitted to the Coast Guard on March 10, 2005, by an industry working 
group called the Mid-America Regional Examination Center Workgroup. 
That petition identified problems associated with placing the 
expiration date for the radar-observer endorsement on the deck licenses 
of mariners operating vessels equipped with radar. The expiration date 
for the radar-observer endorsement may be different from the expiration 
date of the license itself, causing confusion as to the validity of the 
license.
    A license is valid for a five-year period from the date it is 
issued by the Coast Guard. A radar-observer endorsement is also valid 
for five years, but that period begins after the month in which the 
certificate of training is issued. For original licenses, unless the 
radar training certificate was issued the month before the license is 
issued, the expiration date of the radar endorsement will be different 
than the expiration date of the license. For license renewals, existing 
46 CFR 10.480(k) provides a one-time opportunity for a mariner to 
synchronize the expiration date of the radar endorsement with that of 
the license. That section does not, however, account for subsequent 
renewals which might also bring the dates out of alignment. The end 
result is that, currently, many licenses have conflicting radar 
endorsement expiration and license expiration dates printed on them.
    When conflicting dates appear on the license, confusion may result. 
Moreover, licenses may need to be prematurely renewed or reissued with 
the new radar observer endorsement date when the mariner obtains a new 
radar training certificate. If the radar observer endorsement date is 
not printed on the license, this confusion would be avoided.
    In reviewing the industry recommendation, it was recognized that 
changing the requirement would simplify the process of issuing the 
license and ease the burden on the Coast Guard, industry, and schools 
providing the training. Mariners will still be required to keep their 
radar-observer training current, but an endorsement evidencing that 
training will no longer be printed on their licenses. While they will 
still be required to hold current

[[Page 52790]]

radar training certificates to man vessels equipped with radar, as 
specified in 46 CFR 15.815, they will have up to 48 hours to produce a 
copy of their certificate upon request of the Coast Guard or other 
appropriate Federal agency.
    (2) Training programs: A petition submitted by Kirby Towing Co. 
dated January 4, 2006, and the Report of the Licensing Implementation 
Working Group of the Towing Safety Advisory Committee (TSAC) dated 
October 3, 2005, identified difficulties with the service requirements 
for certification as a mate (pilot) of towing vessels. According to 
Kirby Towing Co. and TSAC, the requirements for an apprentice mate to 
become a mate (pilot) of towing vessels unnecessarily restrict and 
dampen the use of comprehensive long-term training programs.
    We agree, and the corresponding regulatory change provides mariners 
and their employers the flexibility to use training programs, which the 
Coast Guard can accept as meeting a portion of the service requirements 
for mate (pilot) of towing vessels under 46 CFR 10.465(a).
    (3) Alternate progression: A petition for rulemaking dated February 
11, 2005, was submitted by Delta Towing Co. seeking an alternate path 
to obtain a license as mate (pilot) of towing vessels, and the Report 
of the Licensing Implementation Working Group of TSAC dated October 3, 
2005, supported the Delta Towing Co. petition, recommending that the 
Coast Guard implement this change as quickly as possible. The petition 
recommended a path that could relieve a shortage of qualified towing 
vessel personnel, as well as provide alternatives to companies that 
operate diverse fleets of vessels (e.g. offshore supply vessels (OSVs) 
and towing vessels).
    The corresponding regulatory change provides a voluntary alternate 
path for a master of steam or motor vessels of any tonnage that is 200 
GRT or less to qualify as a mate (pilot) of towing vessels while still 
demonstrating the experience and training that the regulations require. 
The alternate path is available for any holder of a master of steam or 
motor vessels license, of any route and of any tonnage that is 200 GRT 
or less, except for the limited masters licenses specified in 
Sec. Sec.  10.429 and 10.456 of this part.
    (4) Relationship to Other Rulemaking Projects: On May 22, 2006, the 
Coast Guard published an NPRM and on January 25, 2007, a supplemental 
notice of proposed rulemaking (SNPRM), both of which were entitled 
``Consolidation of Merchant Mariner Qualification Credentials.'' Among 
other things, that proposed rule would create a single merchant 
mariner's credential (MMC). 71 FR 29462 and 72 FR 3605. This rulemaking 
makes changes to some of the same regulatory text, and was closely 
coordinated with the MMC project to ensure that there are no conflicts.

IV. Discussion of Comments and Changes

    We received a total of 14 comments on the NPRM.
    (1) Radar-observer endorsement: The rulemaking removes the 
requirement in 46 CFR 10.480(g) for the month and year of the 
expiration of the radar-observer endorsement to appear on the license. 
This change eliminates the appearance that a license expires early when 
the radar-observer endorsement expires. The regulatory change does not 
affect the actual expiration date of either the license or the 
endorsement, and does not affect the requirement that the mariner 
maintain a current training certificate. This change only eliminates 
the requirement that the Coast Guard actually print the expiration date 
of the endorsement on the license.
    This rule also removes 46 CFR 10.480(k). That paragraph permits a 
one-time extension of the radar observer-endorsement expiration date 
for up to two years in order to synchronize that date with the license 
expiration date. If the expiration date of the radar-observer 
endorsement is removed from the license, only one expiration date would 
appear on the license, and synchronization for the purpose of avoiding 
confusion about the license expiration date is unnecessary.
    Removing this paragraph allows mariners greater flexibility in 
managing their training schedules, and reduces the work backlog at the 
Coast Guard's regional examination centers and National Maritime 
Center. Mariners can submit their licenses for renewal closer to the 
actual five-year expiration of the license, rather than the shorter 
period that resulted from the need to renew when the radar-observer 
endorsement expired.
    Revised Sec.  15.815 also requires mariners to have certificates of 
training readily available. Although the expiration date will no longer 
appear on the license, inspection teams, incident investigators, 
employers, and any appropriate Federal agency representative must still 
be able to see proof that a mariner is currently qualified as a radar-
observer. This change facilitates enforcement of qualification 
requirements while providing mariners flexibility in the way they 
maintain evidence of training. We made minor editorial changes to Sec.  
15.815(e), as it was proposed in the NPRM, to clarify that mariners 
must carry the original certificate of training or a notarized copy 
thereof onboard, or provide a copy of the certificate of training to 
the requesting entity within 48 hours.
    All comments that addressed removal of the radar-observer 
endorsement expiration date from the license supported that part of the 
proposed rule. One comment expressed disagreement with allowing 
mariners 48 hours to provide a copy of the radar training certificate 
for enforcement purposes. The commenter advised that the radar training 
certificate should be produced on demand. We appreciate this concern, 
and we will reconsider the 48-hour allowance in the future if it, in 
fact, causes significant enforcement problems.
    (2) Training programs: The service requirements in 46 CFR 10.465(a) 
and table 10.465-1 are revised to permit mariners to count time 
successfully spent in Coast Guard-approved training programs toward the 
service requirements for mate (pilot) of towing vessels. We also are 
revising 46 CFR 10.304 by adding a new paragraph (j), which provides 
that substitution of training in lieu of required service for a license 
as mate (pilot) of towing vessels is governed by 46 CFR 10.465(a) and 
table 10.465-1.
    The NPRM inadvertently included proposed regulatory text amending 
46 CFR 10.464(b) to permit mariners to count time spent in Coast Guard 
approved training programs toward the service requirements for a 
limited master of towing license. Because that amendment was not 
intended and not discussed in the NPRM preamble, the amendment of Sec.  
10.464(b) is not included in this rule.
    All of the comments that addressed allowing reduced sea-service 
time to qualify for a mate (pilot) of towing vessels license by 
completing additional approved training supported that part of the 
proposed rule. One comment offered support for the training allowance 
``provided that the process of obtaining Coast Guard approval for 
proposed courses and training programs are reasonable with uniform and 
accessible guidelines for submittal.'' Another commenter agreed that 
those who attend approved training for apprentice mate should be given 
credit towards the sea-service requirement, but cautioned that 
``anything more than day-for-day credit would be overly generous and 
not in the best interests of safety.''

[[Page 52791]]

    We believe the existing processes for obtaining Coast Guard 
approval of training are reasonable. Approval of training is governed 
by 46 CFR Part 10, Subpart C--Training Schools With Approved Courses. 
The requirements and standards for training approval are contained in 
46 CFR 10.302 and 10.303. The actual amount of sea-service credit is 
specified in the approval letter for the training course or program, 
which has been clarified in a revision to footnote 5 in Table 10.465-1. 
Based on an evaluation of various factors, the Coast Guard affords some 
training greater sea-service credit than others. The Coast Guard may 
grant more than one-for-one credit when appropriate and on a case-by-
case basis, and ensures that safety standards remain high.
    (3) Alternate progression: This rule inserts a new paragraph (e) in 
46 CFR 10.465 that allows a master of steam or motor vessels of any 
tonnage of 200 GRT or less to become a mate (pilot) of towing vessels 
under certain conditions. The new paragraph provides that an applicant 
needs three years of service as master of steam or motor vessels of any 
tonnage that is 200 GRT or less, completion of a Towing Officer 
Assessment Record (TOAR), completion of the towing vessel license 
(apprentice mate) exam, and a minimum of 30 days of training and 
observation on a towing vessel on the route being sought.
    This rule also adds the words ``a minimum of'' before the existing 
words ``30 days of training and observation on towing vessels * * *'' 
in 46 CFR 10.465(d)(1) and 10.464(f)(1) to make those respective 
paragraphs consistent with each other and the new 46 CFR 10.465(e). 
This editorial amendment clarifies our intent that individuals may, and 
usually will, have more than 30 days of training and observation on 
towing vessels.
    In addition, the regulatory language in Sec. Sec.  10.464(f) and 
10.465(d) has been revised to make it less confusing. This rule 
replaces the descriptive terms ``inspected, self-propelled vessels'' 
with the actual endorsement title ``master of steam or motor vessels.''
    The voluntary alternate progression provisions generated the most 
public interest and discussion in the comments received. Of the 14 
comments received, six expressed strong support for the alternate 
progression, four expressed concern regarding the alternate 
progression, one recommended minor wording changes to the alternate 
progression regulatory text without expressing an opinion as to the 
merits of the alternate progression, and three comments did not address 
the alternate progression. This is in addition to the original petition 
for rulemaking from Delta Towing Co. requesting the alternate 
progression, and the positive endorsement of TSAC, which expressed 
strong support for the alternate progression and recommended that it be 
implemented as quickly as possible.
    The proponents of the alternate progression, including TSAC, laud 
it as a streamlined mechanism for experienced masters from other 
segments of the industry to operate towing vessels. They see it as 
facilitating the entry of experienced masters of crewboats, supply 
boats, and other small vessels into the towing industry, which is 
expected to help alleviate the shortage of towing vessel officers while 
maintaining high standards of maritime safety. The proponents view the 
alternate progression as a ``win'' for the towing industry by 
ultimately making more towing vessel officers available to companies 
for employment, and for individual mariners who will now have a more 
flexible and viable path to diversify their service.
    The four opponents of the alternate progression are all currently 
licensed towing vessel masters. They are concerned that the alternate 
progression ``lowers the bar for training'' on towing vessels and 
negatively impacts safety. They expressed particular concern with the 
requirement of only 30 days training and observation on towing vessels 
for the alternate progression candidates. They recommended that the 
current towing vessel licensing rules should remain unchanged because 
the current rules ensure an appropriate level of training and 
qualification for towing vessel officers.
    A comparison of the existing mate (pilot) requirements under 46 CFR 
10.465 to the alternate progression revision shows that the level of 
experience and training required of the new alternate progression 
candidates is equivalent to, or even surpasses, existing requirements. 
Currently, under 46 CFR 10.465, a mate (pilot) candidate needs a total 
of 30 months sea service, 24 months of which have to be on a towing 
vessel. Of the 24 months on a towing vessel, 12 months must be as an 
apprentice mate, essentially in trainee status. The other 12 months 
could be in any capacity, including unlicensed deckhand. Additionally, 
the candidate must complete a TOAR or approved course, and pass an 
exam.
    In contrast, under the voluntary alternate progression provided by 
this rule, a mate (pilot) of towing vessels candidate needs a total of 
36 months as master of a steam or motor vessel that is 200 GRT or less. 
This is in addition to the sea service required to obtain that master's 
license, which is at least 24 months except as described below. These 
sea service requirements together total 5 years, at least 3 years of 
which must be as a master of a steam or motor vessel that is 200 GRT or 
less.
    A master of Great Lakes and inland vessels not more than 100 GRT is 
required to accumulate at least 12 months sea service to obtain a 
master's license. This requirement plus at least 3 years as a master of 
a steam or motor vessel that is 200 GRT or less produces a total 
requirement of 4 years sea service to advance to mate (pilot) under the 
alternate progression.
    Additionally, an alternate progression candidate must also complete 
a TOAR or approved course, pass an exam, and complete a minimum of 30 
days training and observation on towing vessels.
    It should be emphasized that an alternate progression candidate 
must serve a minimum of 30 days and complete the TOAR on a towing 
vessel. The TOAR is extensive, difficult to complete in only 30 days, 
and most people take considerably more time. One commenter, who opposed 
the alternate progression, advised that he is a designated examiner, 
and that ``* * * it is simply not possible [to complete a TOAR in only 
30 days] regardless of the candidate's previous experience!''
    The Great Lakes/Inland TOAR, for example, contains almost 70 
different tasks or duties that the candidate must perform proficiently 
to the satisfaction of the designated examiner. This must be done on 
the towing vessel, and it would be difficult for the candidate to 
satisfactorily do it all in only 30 days.
    In summary, to take advantage of the ``alternate progression'' to 
mate (pilot), an individual has to be a highly experienced master, 
requiring in most cases at least 2 years more sea service, at a higher 
level of responsibility, than a mate (pilot) candidate under the 
current regulations. The alternate progression includes the exact same 
TOAR and exam requirements as the current regulations, and has an 
additional requirement of a minimum of 30 days training and observation 
on a towing vessel. We anticipate that most alternate progression 
candidates may, in fact, have much more than 30 days on a towing vessel 
because of the time needed to complete the TOAR.
    In response to the comments opposing the alternate progression, we 
have revised the text of 46 CFR 10.465(e) by inserting the words ``a 
minimum of'' before the words ``30 days of training and observation on 
towing vessels * * *'' This rule also adds the words ``a minimum of'' 
before the existing words ``30 days of training and observation on

[[Page 52792]]

towing vessels * * *'' in 46 CFR 10.465(d)(1) and 10.464(f)(1) to make 
those respective paragraphs consistent with the new 46 CFR 10.465(e). 
This clarifies our intent that the individual may have more than 30 
days of training and observation on towing vessels.
    Another commenter supported the alternate progression, and 
recommended two additional modifications to ``broaden its utility 
without undermining its fundamental objectives.'' The commenter 
recommended allowing mates as well as masters of less than 200 GRT 
vessels to be included in the alternate progression, and that alternate 
progression candidates be required to have 36 months of service either 
``operating under'' or merely ``holding'' a less than 200 GRT license.
    The same commenter advised that the current allowance in 46 CFR 
10.465(d) for individuals with licenses more than 200 GRT to operate 
towing vessels as a mate (pilot) only requires the individual to hold a 
mate (not a master) license more than 200 GRT. The commenter further 
advised that, with respect to their second recommendation, there are 
mariners who hold less than 200 GRT licenses but are not actually 
working ``under the authority'' of the license because they are serving 
in unlicensed capacities aboard towing vessels, and recommended that 
this time should count for the alternate progression.
    We disagree at this time. A key to the alternate progression to 
mate (pilot) of towing vessels for individuals with licenses less than 
200 GRT is their level of responsibility while accumulating the 
required 3 years of sea service. Someone serving as a master of a less 
than 200 GRT vessel for the required 3 years has a higher level of 
responsibility than a mate on a less than 200 GRT vessel. This elevates 
the quality of the service to an extent that we believe it should be 
counted towards mate (pilot) of towing vessel under the alternate 
progression. Further, if we change the language to require 36 months 
service while ``holding'' or operating under the authority of the 
license, that service could have been accumulated in any capacity, with 
a lower degree of responsibility than master.
    In order to better clarify that our intent in the NPRM was to count 
only time served as a master of vessels 200 GRT or less toward the 
alternate progression requirement, we revised Sec.  10.465(e)(1) to 
read: ``* * * 36 months of service as a master under the authority of a 
license described in paragraph (e) of this section.'' We can reevaluate 
the changes recommended by this commenter for future revision of the 
regulation after the new rule has been implemented and we have better 
data as to the actual success of the alternate progression.
    One commenter expressed support for the alternate progression and 
recommended expanding its scope to encompass the limited master of 
towing vessels license in 46 CFR 10.464(b). As discussed above, the 
NPRM inadvertently included such a provision in the regulatory text. 
Because the NPRM preamble did not discuss this change, the public did 
not receive adequate notice, and the provision has been removed from 
this rule accordingly.
    Additionally, paragraph (b) of 46 CFR 10.464 already allows a 
significant reduction in required service in that an apprentice mate 
(steersman) can proceed directly to limited master, bypassing mate 
(pilot) altogether, with 36 months total service, 18 months of which 
must be as an apprentice mate (steersman). We are not prepared to 
further alter this already reduced burden at this time, and intend to 
reevaluate the limited master of towing vessels' requirements for 
future revision after we have data on the implementation of the 
alternate progression.
    One commenter, who did not clearly support or oppose the alternate 
progression, recommended two specific changes to the proposed 
regulation. First, the commenter recommended changing proposed 46 CFR 
10.465(e) from ``* * * of any tonnage less than 200 GRT * * *'' to ``of 
any tonnage not more than 200 GRT.'' We agree in part, and have changed 
Sec.  10.465(e) to read ``* * * of any tonnage that is 200 GRT or less 
* * *'' This approach is preferred because the provision should be 
broad enough to include licenses authorizing service on vessels of 
lesser tonnage.
    Second, the commenter recommended that the word ``appropriate'' 
should be deleted from proposed 46 CFR 10.465(e)(2) and (3) because it 
is too general. We disagree. The word ``appropriate'' is necessary here 
because there are different TOARs and different apprentice mate exams, 
depending on the route(s) that an applicant seeks to be endorsed on the 
license.
    The same commenter also discussed the statement in the NPRM 
Regulatory Evaluation (72 FR 52843) that the ``Coast Guard's current 
regulations do not count time spent in a rigorous Coast Guard-approved 
towing training course toward the minimum service time requirements.'' 
The commenter pointed out that this language is confusing, particularly 
the use of the word ``rigorous'' in this context. We agree that this 
language was confusing, and have deleted it in our revised discussion 
of training programs in the Regulatory Evaluation below.
    Finally, one commenter, in expressing opposition to the alternate 
progression, pointed out an inaccuracy in the preamble language of the 
NPRM. Specifically, in the first column of 72 FR 52844, under Benefits, 
the Regulatory Evaluation states that ``such a candidate would have 
already served approximately five years (sixty months) as a licensed 
officer before receiving the endorsement.''
    The commenter correctly advised that a candidate may have five 
years of experience, but not necessarily as a licensed officer. 
Alternate progression candidates who hold a 100 GRT license, are 
required to have 2 years of service in any capacity in the deck 
department pursuant to 46 CFR 10.428. Candidates who hold a 200 GRT 
near coastal license are required to have 2 years of service, only one 
of which must be as a master or mate, and the other year can be in any 
capacity in the deck department, pursuant to 46 CFR 10.426. We concur 
with the commenter in this regard, and have corrected the preamble 
language accordingly.
    We have also clarified in the preamble language above that masters 
of Great Lakes and inland vessels not more than 100 GRT only need a 
minimum of 4 years total sea service to complete the alternate 
progression to mate (pilot), as opposed to 5 years. This is because 
they only need 12 months total deck service to obtain their licenses 
under 46 CFR 10.455, plus the additional 3 years serving as a master 
under their license, to advance to mate (pilot) under the alternate 
progression.

V. Regulatory Evaluation

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analysis 
based on 13 of these statutes or executive orders.

A. Executive Order 12866

    This 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 has not 
reviewed it under that Order. However, we have performed the following 
analysis of costs and benefits.
    The rule is divided into three elements: Radar endorsement, 
training programs, and alternate progression.

[[Page 52793]]

This analysis will consider each of the three elements separately.
Radar Endorsement
    This part of the rule removes the expiration date of the radar-
observer endorsement from the merchant mariner licenses. Previously, 46 
CFR 10.480(g) required that the Coast Guard print both the endorsement 
and license expiration dates on the merchant mariner license.
    Since the endorsement expiration date is tied to the date training 
is completed and the license is generally issued after the training is 
completed, the radar-observer endorsement expiration date often 
preceded that of the license. The Coast Guard has determined that many 
people mistake the radar-observer endorsement expiration date for that 
of the license itself. Removing the radar-observer endorsement 
expiration date would reduce confusion without affecting safety. Safety 
would remain unchanged because mariners and companies would still be 
required to keep training records current and readily available. Based 
on 2007 data from the Coast Guard's National Maritime Center, we 
estimate that the rule will effect about 8000 radar-observer 
endorsements per year. This total includes both original and other than 
original endorsements.
    Costs: Implementing this element of the rule would impose no 
additional cost on the economy. This rule contemplates no change in the 
fee paid for a merchant mariner license.
    Benefits: Removing the expiration date from the merchant mariner 
license will simplify the process of issuing licenses and reduce 
confusion caused by displaying the two expiration dates on the license. 
That confusion could be denying some mariners the full five-year term 
of their licenses. The rule allows such mariners to maintain the full 
five-year term of their mariner's license, giving them greater 
flexibility in deciding when to renew their licenses.
Training Programs
    This part of the rule allows applicants for mate (pilot) of towing 
vessels to apply time spent in Coast Guard-approved training programs 
toward the minimum length of service requirement.
    The Coast Guard's regulations did not count time spent in a Coast 
Guard-approved towing training program toward the minimum service time 
requirements. Prospective mates (pilots) that elected to take such 
training would forego a chance to qualify for their licenses sooner. 
The changes reduce this disincentive and therefore encourage more 
prospective towing vessel officers to enroll in training programs and 
more towing companies and training institutions to establish them. The 
Coast Guard believes that increasing the number of approved towing 
training program graduates among towing vessel officers could increase 
overall towing safety.
    Costs: This element of the rule increases industry and mariner 
flexibility. It does not impose mandatory costs on the economy because 
towing companies, mariners and training institutions would voluntarily 
exercise this flexibility only if they expected that it would make 
business sense for them to do so.
    Benefits: The training program part of the rule is expected to lead 
to an increase in the number of prospective mates (pilots) enrolling in 
Coast Guard-approved towing officer training programs. Such an increase 
would improve navigational safety. See the Regulatory Evaluation 
section of the NPRM for additional discussion of this subject.
    The Coast Guard already allows applicants for certain engineering 
and deck licenses to substitute time spent in a Coast Guard-approved 
training course toward service time requirements, as described in 46 
CFR 10.304, ``Substitution of training for required service, use of 
training-record books, and use of towing officer assessment records.'' 
The training programs element of the rule extends that flexibility to 
applicants for licenses as mate (pilot) of towing vessels.
Alternate Progression
    This part of the new rule allows individuals who have served three 
years or longer as a master of steam or motor vessels of any tonnage 
that is 200 GRT or less, except for the limited masters' licenses 
specified in Sec. Sec.  10.429 and 10.456, to obtain a license as a 
mate (pilot) of towing vessels on a particular route after completing a 
TOAR, the appropriate apprentice mate exam, and a minimum of a 30-day 
period of training and observation on a towing vessel on that route.
    Costs: There are no mandatory costs resulting from this change to 
industry or mariners. Mariners would voluntarily take advantage of this 
provision only if they would gain a net benefit from doing so.
    Benefits: This rule will increase flexibility for certain mariners. 
The alternate progression part of this rule would extend similar 
flexibility to a sufficiently experienced master of steam or motor 
vessels not more than 200 GRT. The Coast Guard has determined that this 
part of the rule will not reduce maritime safety. Candidates eligible 
for a license as a mate (pilot) of towing vessels under this rule will 
have the same level of knowledge as those seeking a license as a master 
of towing vessels because they would be required to pass the same 
apprentice mate exam.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    As explained previously, the Coast Guard does not expect that the 
rule will have a significant economic impact upon operating companies, 
some of which are small entities. The Coast Guard does not expect the 
rule to have a significant impact upon small businesses. The Coast 
Guard likewise expects no significant economic impact upon not-for-
profit organizations or government jurisdictions, because the rule does 
not change any requirements for either. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking.
    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).

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 52794]]

E. 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 rule under 
that Order and have determined that it does not have implications for 
federalism.

F. 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

    This 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.

H. Civil Justice Reform

    This 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.

I. Protection of Children

    We have analyzed this 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 create an 
environmental risk to health or safety that may disproportionately 
affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this 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. The Administrator of the Office of Management and Budget, 
Office of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g. specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that, under the Instructions, there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(c), of the Instruction from further environmental 
documentation because this regulation concerns the training, 
qualifying, licensing and disciplining of maritime personnel. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are 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. The authority citation for part 10 continues 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; Executive Order 10173; Department of Homeland Security 
Delegation 0170.1. Section 10.107 is also issued under the authority 
of 44 U.S.C. 3507.


0
2. Amend Sec.  10.304 by adding new paragraph (j) 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.

* * * * *
    (j) Substitution of a training program in lieu of required service 
for a license as mate (pilot) of towing vessels is governed by Sec.  
10.465(a) and table 10.465-1 of this part.


0
3. In Sec.  10.464--
0
(a) In paragraph (f) introductory text, remove the words ``inspected, 
self-propelled'' and add, in their place, the words ``steam or motor''; 
and,
0
(b) Revise paragraph (f)(1) to read as follows:


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

* * * * *
    (f) * * *
    (1) Have a minimum of 30 days of training and observation on towing 
vessels for the route being assessed, except as noted in paragraph (e) 
of this section; and
* * * * *

0
4. In Sec.  10.465--
0
a. Amend paragraph (a) by adding the following sentence to the end of 
the paragraph;
0
b. Revise table 10.465-1 to read as follows;
0
c. In paragraph (d) introductory text, remove the words ``inspected, 
self-propelled'' and add, in their place, the words ``steam or motor'';
0
d. Revise paragraph (d)(1) to read as follows; and

[[Page 52795]]

0
e. Redesignate existing paragraphs (e) and (f) as paragraphs (f) and 
(g) and add new paragraph (e) to read as follows:


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

    (a) * * * Time of service requirements as an apprentice mate 
(steersman) of towing vessels may be reduced by an amount equal to the 
time specified in the approval letter for the completed Coast Guard-
approved training programs.

                                     Table 10.465-1--Requirements for License as Mate (Pilot \1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
               1                     2                   3                       4                   5                  6                    7
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    30 days of
                                                                                                                 observation and
                                   Total         TOS \3\ on T/V as                                                training while
        Route endorsed            service         apprentice mate           TOS \3\ on        TOAR \4\ or an      holding master     Subordinate route
                                    \2\           (steersman) \5\        particular route     approved course     (limited) and          authorized
                                                                                                                  pass a limited
                                                                                                                   examination
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) OCEANS (O)................          30  12 of 30..................  3 of 12...........  YES...............  YES..............  NC, GL-I
(2) NEAR-COASTAL (NC).........          30  12 of 30..................  3 of 12...........  YES...............  YES..............  GL-I
(3) GREAT LAKES-INLAND (GL-I).          30  12 of 30..................  3 of 12...........  YES...............  YES..............
(5) WESTERN RIVERS (WR).......          30  12 of 30..................  3 of 12...........  YES...............  NO (90-days
                                                                                                                 service
                                                                                                                 required) .
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For all inland routes, as well as Western Rivers, the license as pilot of towing vessels is equivalent to that as mate of towing vessels. All
  qualifications and equivalencies are the same.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ TOAR is Towing Officers' Assessment Record.
\5\ Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified in the
  approval letter for a completed Coast Guard-approved training program.

* * * * *
    (d) * * *
    (1) Have a minimum of 30 days of training and observation on towing 
vessels for the route being assessed, except as noted in paragraph (b) 
of this section; and
* * * * *
    (e) If you hold any license as a master of steam or motor vessels 
of any tonnage that is 200 GRT or less, except for the limited masters' 
licenses specified in 46 CFR 10.429 and 10.456, then you may obtain an 
endorsement as mate (pilot) of towing vessels by meeting the following 
requirements:
    (1) Providing proof of 36 months of service as a master under the 
authority of a license described in paragraph (e) of this section;
    (2) Successfully completing the appropriate TOAR;
    (3) Successfully completing the appropriate apprentice mate exam; 
and
    (4) Having a minimum of 30 days of training and observation on 
towing vessels for the route being assessed, except as noted in 
paragraph (b) of this section.
* * * * *


Sec.  10.480  [Amended]

0
5. Amend Sec.  10.480 as follows:

0
a. In paragraph (f), remove ``Except as provided by paragraph (k) of 
this section,''; and
0
b. Remove paragraphs (g) and (k), and redesignate paragraphs (h), (i), 
and (j) as (g), (h), and (i), respectively.

PART 15--MANNING REQUIREMENTS

0
6. Revise the authority citation for part 15 to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8103, 
8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 
8904, 8905(b), 8906 and 9102; and Department of Homeland Security 
Delegation No. 0170.1.


0
6. In Sec.  15.815--
0
a. In paragraphs (a), (b), and (c), remove the words ``a valid 
endorsement'' and add, in their place, the words ``an endorsement''; 
and
0
b. Add new paragraphs (d) and (e) to read as follows:


Sec.  15.815  Radar observers.

* * * * *
    (d) Each person who is required to hold a radar endorsement must 
have their certificate of training readily available to demonstrate 
that the endorsement is still valid.
    (e) For the purposes of this section, ``readily available'' means 
that the mariner must carry the original certificate of training or a 
notarized copy thereof onboard. Alternatively, the mariner must provide 
a copy of the certificate of training to the requesting entity within 
48 hours. The requested material may be delivered either physically, 
electronically, or by facsimile.

    Dated: August 27, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security & Stewardship.
[FR Doc. E8-21118 Filed 9-10-08; 8:45 am]
BILLING CODE 4910-15-P