[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26580-26592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11905]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 10, 11, and 15
[Docket No. USCG-2018-0100]
RIN 1625-AC46
Amendments to the Marine Radar Observer Refresher Training
Regulations
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising its merchant mariner credentialing
regulations to remove obsolete portions of the radar observer
requirements and harmonize the radar observer endorsement with the
merchant mariner credential. These revisions will reduce an unnecessary
financial burden on mariners required to hold a radar observer
endorsement. This rule will affect mariners who have served on radar-
equipped vessels, in a position that routinely uses radar for 1 year in
the previous 5 years for navigation and collision avoidance purposes,
and mariners who have taught a Coast Guard-approved or accepted radar
course at least twice within the past 5 years. These mariners will no
longer be required to complete a Coast Guard-approved or accepted radar
refresher or recertification course in order to renew their radar
observer endorsements. We are retaining the existing requirements for
mariners seeking an original radar observer endorsement and for
mariners who do not have 1 year of routine relevant sea service on
board radar-equipped vessels in the previous 5 years or have not taught
a Coast Guard-approved or accepted radar course at least twice within
the past 5 years. This final rule adopts, with modification, the notice
of proposed rulemaking published on June 11, 2018.
DATES: This final rule is effective July 22, 2019.
ADDRESSES: You may view comments and related material identified by
docket number USCG-2018-0100 using the Federal eRulemaking Portal at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Mr. Davis Breyer, Coast Guard; telephone 202-372-1445,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose
III. Background and Regulatory History
IV. Discussion of Comments and Changes
V. Discussion of the Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
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. Abbreviations
ARPA Automatic Radar Plotting Aids
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CGAA 2015 Coast Guard Authorization Act of 2015
CGAA 2018 Coast Guard Authorization Act of 2018
DHS Department of Homeland Security
FR Federal Register
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and Documentation
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RA Regulatory analysis
RFA Regulatory Flexibility Act
Sec. Section
STCW International Convention on the Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended
STCW Code Seafarers' Training, Certification and Watchkeeping Code
U.S.C. United States Code
II. Basis and Purpose
This rule amends the radar observer requirements by removing
obsolete portions and harmonizing the expiration dates of the radar
observer endorsement and the merchant mariner credential (MMC). Title
46 of the United States Code (U.S.C.), Section 7101 authorizes the
Coast Guard to determine and establish the experience and professional
qualifications required for the issuance of officer credentials. The
Secretary of the Department of Homeland Security (DHS) has delegated 46
U.S.C. 7101 authority to the Commandant of the Coast Guard by
Department of Homeland Security Delegation No. 0170.1(II)(92)(e). The
specifics of these professional qualifications and the Coast Guard's
evaluation process are prescribed by Title 46 Code of Federal
Regulations (CFR) parts 10 and 11, and the manning requirements are
detailed in 46 CFR part 15. Section 304 of the Coast Guard
Authorization Act of 2015 (CGAA 2015), Public Law 114-120, February 8,
2016
[[Page 26581]]
(codified as a statutory note to 46 U.S.C. 7302), requires the
harmonization of expiration dates of a mariner's radar observer
endorsement with the MMC and the medical certificate, subject to
certain exceptions.\1\ The CGAA 2015 specifies that the process to
harmonize cannot require a mariner to renew the MMC before it expires.
Section 829 of the Coast Guard Authorization Act of 2018 (CGAA 2018),
Public Law 115-282, requires the Coast Guard to issue a final rule
eliminating the requirement that a mariner actively using the mariner's
credential complete a Coast Guard-approved or accepted refresher or re-
certification course to maintain a radar observer endorsement. Section
829 exempts the final rule eliminating the refresher course requirement
from 5 U.S.C. chapters 5 and 6, and Executive Orders 12866 and 13563.
This rule meets the statutory requirement of Section 304 of the CGAA
2015 with regard to the radar observer endorsement as well as Section
829 of the CGAA 2018 regarding elimination of the refresher course
requirement. The CGAA 2015 requirement regarding the medical
certificate has already been met through policy.\2\
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\1\ Public Law 114-120, sec. 304(c), creates an exception for
individuals (1) holding a merchant mariner credential with--(A) an
active Standards of Training, Certification, and Watchkeeping
endorsement; or (B) Federal first-class pilot endorsement; or (2)
who have been issued a time-restricted medical certificate.
\2\ CG-MMC Policy Letter 01-18: Guidelines for Requesting
Harmonization of Expiration Dates of Merchant Mariner Credentials
and Mariner Medical Certificates when Applying for an Original or
Renewal Merchant Mariner Credential. https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/MMC/CG-MMC-2%20Policies/CG-MMC%2001-18%20Harmonization.pdf?ver=2018-03-02-071916-180.
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III. Background and Regulatory History
Prior to this rule, 46 CFR 11.480 required that a mariner with a
radar observer endorsement complete a Coast Guard-approved or accepted
radar observer refresher or re-certification course every 5 years to
maintain a valid radar observer endorsement on his or her MMC. In the
notice of proposed rulemaking (NPRM) [83 FR 26933], we explained the
history of that requirement and why, without regulatory change, it was
not possible to harmonize the expiration dates of the radar course
completion certificate and the MMC.\3\ The NPRM also explained the
recommendations received from the Merchant Marine Personnel Advisory
Committee (MERPAC). MERPAC is the federal advisory group representing
matters relating to maritime personnel, including training,
qualifications, certification, documentation, fitness standards, and
other matters. At Meeting 43 in September 2015, MERPAC recommended that
the Coast Guard review whether requiring training for radar renewal
every five years makes sense or if underway service on a vessel
equipped with radar should be considered adequate experience for
renewal (MERPAC Recommendation 2015-56).\4\ MERPAC recommended the
Coast Guard consider the history of the radar observer endorsement, the
current state of radar observer training and prevalence of radar, and
the concept that knowledge and skills will degrade with time if not
used or refreshed through training. MERPAC also recommended that the
Coast Guard consider whether the radar observer endorsement must be on
the credential. The Coast Guard considered these recommendations when
drafting the NPRM.
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\3\ 83 FR 26933, 26934, June 11, 2018.
\4\ Task Statement #91 from MERPAC. (available at https://homeport.uscg.mil/Lists/Content/DispForm.aspx?&ID=805&Source=https://homeport.uscg.mil/missions/ports-and-waterways/safety-advisory-committees/merpac/task-statements-2.
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In response to Executive Order 13771 of January 30, 2017 (Reducing
Regulation and Controlling Regulatory Costs), the Coast Guard asked the
public and each of the Coast Guard's federal advisory committees for
suggestions on Coast Guard regulations, guidance documents,
interpretive documents, and collections of information that should be
removed or modified to alleviate unnecessary burdens. The Coast Guard
received requests to revise its radar endorsement renewal regulations
from both inquiries. In March 2018, MERPAC recommended again that the
Coast Guard address radar observer endorsement renewal requirements.\5\
Additionally, from the general solicitation to the public, the Coast
Guard received three requests for the Coast Guard to address radar
observer endorsement renewal requirements.\6\
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\5\ MERPAC Recommendation #4 to Task Statement #103 (available
at https://homeport.uscg.mil/Lists/Content/DispForm.aspx?ID=13660&Source=/Lists/Content/DispForm.aspx?ID=13660).
\6\ https://www.regulations.gov/document?D=USCG-2017-0480-0102
(page 3) and https://www.regulations.gov/document?D=USCG-2017-0480-0147 (page 11).
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The Coast Guard has concluded that the current requirement for the
completion of a Coast Guard-approved or accepted radar refresher or re-
certification course for mariners with relevant and recent service in a
position using radar for navigation and collision avoidance purposes,
on board vessels equipped with radar, is not necessary. Completion of
radar renewal training is unnecessarily burdensome to mariners who
serve in a position that routinely uses radar for navigational and
collision avoidance purposes. The potential for accidents still exists,
and it is important for mariners to be proficient in the use of radar
as both a navigation and collision avoidance tool. But, radar carriage
requirements, both in the United States and internationally, have
increased in the last 60 years, and the current domestic training
requirements have been in place for 36 years. As a result, currently,
mariners on vessels outfitted with radar maintain proficiency in the
use of radar through its constant use to navigate and prevent
collisions.
Section 304 of the CGAA 2015 requires the harmonization of
expiration dates of a mariner's radar observer endorsement with his or
her MMC, and prohibits requiring a mariner to renew a credential before
it expires. In this context, the MMC is the primary credential
documenting the individual's qualifications to perform specific
functions on board a ship, and should be the point of alignment when
harmonizing the expiration dates of a mariner's endorsements.
In looking at this requirement, the Coast Guard also considered
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) of January 30, 2017, the Office of Management and Budget (OMB)
Guidance of April 5, 2017, on that Executive order, and Executive Order
13777 (Enforcing the Regulatory Reform Agenda) of February 24, 2017.
These directives require agencies to review regulations in order to
provide a reduction of regulatory costs to members of the public.
Elimination of the requirement to take a radar refresher or re-
certification course every 5 years will eliminate an unnecessary burden
on the active mariner and make harmonization possible.
The NPRM published on June 11, 2018, and the comment period closed
on July 11, 2018. In the NPRM, the Coast Guard proposed to remove the
radar refresher or re-certification course requirement for an active
mariner who serves, for 1 year in the previous 5 years, in a position
using radar for navigation and collision avoidance purposes on vessels
equipped with radar, or serves as a qualified instructor for a Coast
Guard-approved or accepted radar course at least twice within the past
5 years. Radar technology and other equipment associated with radar is
still evolving. Radar observer trainees and mariners with limited sea
service need current information provided via
[[Page 26582]]
training to maximize their familiarization with the equipment furnished
on board when serving on their first vessel as a radar observer.
Mariners with appropriate sea service, including experience using
radar, will be exposed to these developments on board. Instructors of
Coast Guard-approved or accepted radar courses will be exposed to
developments by updating course materials and teaching. These
instructors must regularly update course materials in order to ensure
that they remain current on developments and are able to properly
lecture and critique their students during simulations.
This final rule adopts the June 11, 2018 NPRM, with the following 5
modifications. First, we have amended the regulatory text in Sec.
10.232(a)(2)(vii) and Sec. 11.480(g) to clarify that a mariner must
serve in a position that routinely uses radar for navigation and
collision avoidance purposes on vessels equipped with radar. The Coast
Guard added the ``routine'' requirement to the regulatory text to
clarify that this rule eliminates the requirement for refresher or re-
certification training for those mariners who have keep their radar
skills ``refreshed'' and up to date through the use of radar. Radar
skills are not refreshed on board a vessel when not routinely used. The
concept of ``routine use'' was discussed in the preamble to the NRPM,
but was not specifically laid out in the regulatory text. Second, as
requested by a commenter, we have clarified in Sec. 10.232(a)(6) that
the Coast Guard intended to include maritime pilots within the scope of
the NPRM. Therefore, for pilots seeking to renew a radar observer
endorsement, the pilot association's letter should indicate that the
vessels piloted were equipped with radar, and that radar was used by
the pilot for navigation and collision avoidance purposes. Third, we
have clarified regulatory text in Sec. 15.815(d) that allows for
mariners to sail without a radar observer endorsement, provided that
they hold, and have immediately available, a course completion
certificate issued within in the last 5 years from a Coast Guard-
approved or accepted radar course. In this final rule we have clarified
that this exception is only available for five years after the
effective date of the final rule and that the certificate must have
been issued within the previous 5 years. Fourth, we have removed the
reference to a license as Merchant Mariner Credentials have replaced
licenses. Finally, we clarified in 46 CFR 11.480(g) and (h) that this
rulemaking applies to mariners applying for raises of grade or new
endorsements under 46 CFR 10.231.
IV. Discussion of Comments and Changes
The Coast Guard received 74 submissions by the public in response
to the NPRM published on June 11, 2018. Comments came from maritime
training institutions that teach radar observer courses, individual
radar course instructors, national and local trade associations--
including those for pilots, towing, assistance towing tugs, barges, and
passenger vessels--individual mariners, and members of the general
public. Commenters expressed a wide range of experiences, including
both on oceans and inland rivers. The following discussion contains an
analysis of comments received and an explanation of changes made to the
rule as proposed in the NPRM. The Coast Guard appreciates all the
comments on this matter.
Comments in Support of the Proposal
The majority of commenters agreed with the proposed changes. Those
agreeing with the NPRM generally stated that the existing required
training is a financial burden to active mariners, especially because
the required training focuses on the use of techniques that are not
suitable for modern ships and radar equipment.
Comments Opposed to the Proposal, Anticipating Increase in Accident
Rate and Company Liabilities
Several commenters felt that this rule would increase accident
rates, with some citing the possibility of increased liability and a
change of the apportionment of damages in the event of a casualty. The
Coast Guard disagrees. The amended regulations will not change the
current level of safety. Sections 15.405 (Familiarity with Vessel
Characteristics) and 15.1105 (Familiarization and Basic Training (BT))
of 46 CFR remain unchanged. These regulations require that, before
assuming their duties, credentialed mariners become familiar with their
duties and the equipment that they will be using. The company's
responsibility in the event of a casualty remains the same. And, radar
observer training continues to be required for mariners without recent
experience either using radar or instructing others in its use.
Concerns About Possible Skill Loss
Some commenters were concerned that changing the radar refresher or
re-certification training requirements will result in the loss of radar
skills. The Coast Guard disagrees. Although mariners serving on vessels
equipped with modern radars and automatic radar plotting aids (ARPA)
may not be performing transfer plotting of all radar contacts, they are
using their knowledge, experience, and skill in vector analysis and the
true and relative motion concepts learned in radar observer training to
make their own assessment of collision risk and to verify the target
data determined by the radar or ARPA. This consistent use of true and
relative motion concepts and vector analysis is sufficient for mariners
to retain proficiency. Additionally, 46 CFR 15.405 and 15.1105 address
familiarization regarding the proper operation of the radar equipment
for mariners on board ships. Therefore, the Coast Guard does not
believe that this will have any negative impact on safety.
Skill Retention Through Recent Experience
One commenter disagreed that 1 year of sea service in the last 5
years is adequate, by itself, to demonstrate relevant knowledge and
recency in radar and felt that the Coast Guard should still require a
refresher or recertification course. This commenter also disagreed with
the Coast Guard's comparison to the 1:5 standard for Basic Training in
the development of the standard for radar. The commenter felt that the
comparison to the Basic Training standard was inadequate because there
are no monthly drill requirements to reinforce skills taught in a radar
course as monthly fire and abandon ship drills do for Basic Training
skills. The Coast Guard disagrees. A radar operator retains proficiency
in the skills learned in the mariner's original radar endorsement
training through shipboard experience using radar during navigational
watchkeeping. Monthly drills are not required to retain this
proficiency when radar is being regularly used by a mariner. The Coast
Guard has historically accepted that a stated minimum amount of
relevant sea service meets the renewal requirements for each specific
MMC endorsement. In general, refresher training is only required of
those mariners who do not meet the renewal sea service requirements.
Radar has been the only exception to this policy. The requirement for a
radar refresher or recertification course is a holdover from when radar
was not prevalent and training was not universally required. That is no
longer the case. The use of radar is now so prevalent and automated
that it is equivalent to the skills for other MMC endorsements with
regard to skill retention. Therefore, the
[[Page 26583]]
Coast Guard has retained the sea service requirements as proposed in
the NPRM.
Rivers and Inland Waters vs. Ocean Radar Use
Some commenters noted that mariners on rivers and inland waters do
not use radar for collision avoidance in the same way as mariners on
oceans. These commenters said that the re-certification or refresher
courses covering open-water relative motion concepts is not relevant to
a river environment. These commenters agreed that mariners who work on
rivers and confined inland waters do not retain relative motion
concepts, but disagreed on how this issue should be addressed. One
commenter asserted that the traditional ``unlimited'' re-certification
course covering open-water relative motion concepts should be retained,
while another felt that because mariners do not use these concepts on
rivers, they do not need to be refreshed by training. A third commenter
felt that refresher or re-certification training on open-water concepts
is not appropriate for inland and rivers mariners, but that refresher
or re-certification training tailored to rivers operations should be
required. The Coast Guard acknowledges that mariners on rivers and
confined inland waters use radar differently than mariners on oceans,
but disagrees that mariners who serve in positions that routinely use
radar need recurrent training. Regardless of the type of waterway,
active mariners with 1 year of service in the previous 5 years in a
position that routinely uses radar will retain proficiency for the
waters upon which they operate.
Suggested Alternative Radar Observer Refresher or Re-Certification
Requirements
Some commenters suggested that the Coast Guard revise current radar
observer refresher or re-certification course requirements to provide
mariners with information that updates their knowledge and skills with
the latest radar-associated equipment, such as radar equipment
features, Automatic Identification Systems, ARPA, and Electronic Chart
Display and Information Systems. The Coast Guard is reviewing these
comments and may take separate action in the future on this matter, if
it is warranted after a complete analysis. This rule, however,
addresses the requirement to take the course rather than the content of
the course.
The Coast Guard also noticed that many commenters, both agreeing
and disagreeing with the proposed rule change, believed that the
current value of the radar refresher or re-certification courses lay in
the provision of updates to the mariner about new developments in radar
technology. The Coast Guard will consider whether and how this
information should be distributed, and may ask MERPAC to consider the
matter in the future.
Suggested Removal of All Radar Observer Renewal Requirements
Some commenters requested that the Coast Guard remove the radar
observer renewal requirement for all mariners, even those with less
than 1 year of sea service in a position that routinely uses radar
within the last 5 years. The Coast Guard disagrees. A mariner who has
not used radar as part of his or her navigational watchkeeping for 1
year within the last 5 years will lose proficiency; as discussed in the
NPRM, studies have shown that skills deteriorate over time when not
performed. This rule retains the current refresher or re-certification
requirements for those mariners.
Clarifying That Maritime Pilots Are Included Within the Proposed Rule
Several commenters requested clarification about whether the Coast
Guard had intended to include maritime pilots within the proposed rule.
The Coast Guard intended to include maritime pilots within the proposed
rule and has amended Sec. 10.232(a)(6) to provide that clarification.
Limiting the Rule to Only Credentialed Masters and Mates
One commenter recommended that the removal of the radar observer
requirement should be limited to masters and mates. The commenter felt
it would be hard for a company to verify that a particular mariner used
radar for collision avoidance purposes. The Coast Guard partially
agrees with the commenter's concern. The Coast Guard has amended the
regulatory text to state that the radar observer position on board
ships must routinely use radar for navigation and collision avoidance
purposes, but the Coast Guard did not restrict the affected positions
to masters and mates as suggested. The Coast Guard recognizes that
there are positions on board vessels, other than mate or master that
routinely use radar and are required to hold additional radar
endorsements.
Suggested Removal of the Radar Observer Requirement for Mariners
Working on board Assistance Towing Vessels Equipped With Radar
A commenter suggested that mariners within the assistance towing
industry be exempted from the requirement to hold a radar endorsement
if they are working on board assistance towing vessels equipped with
radar, because the assistance towing industry is exempt from the radar
carriage requirement. This comment is outside the scope of this
rulemaking. While we appreciate this commenter's concerns and request,
this rulemaking is limited to the renewal requirements of existing
radar observer endorsements.
Drug Testing Requirements
A commenter asked for a change to drug testing requirements, citing
that the requirements for periodic drug testing were changed in a
previous rulemaking and resulted in an increased number of periodic
drug tests. While we appreciate this commenter's concerns and request,
this rulemaking is limited to the renewal requirements of existing
radar observer endorsements. We have shared this comment with the
appropriate Coast Guard office.
Suggestions for Radar Direct Scope Plotting Capabilities and Returning
Loran-C to Operation
A commenter suggested that marine electronics manufacturers provide
a direct scope plotting capability to their radar and ARPA products in
order to receive type approval. This commenter also suggested the
reinstatement of Loran-C as a backup to GPS. These systems were either
discontinued or the equipment specifications were adapted nationally
and internationally to the current requirements many years ago. While
we appreciate this commenter's concerns and request, this rulemaking is
limited to the renewal requirements of existing radar observer
endorsements.
Suggestions for Documenting Sea Service
A commenter suggested that the Coast Guard develop a radar sea
service letter template to provide the affected public with a sample
document depicting the information needed for the mariner's use of the
alternative provided by this rulemaking. The Coast Guard has declined
to do so at this time. The Coast Guard does not believe that a unique
sea service letter is needed beyond the documentation requirements of
46 CFR 10.232 for those mariners in positions that routinely use radar
for navigation and collision avoidance purposes. The Coast Guard is
amending 46 CFR 10.232 to include information on whether the vessel is
equipped with radar and if the mariner served in a position that
routinely uses radar for navigation and collision avoidance purposes.
The information provided on sea service
[[Page 26584]]
documents meeting the requirements of 46 CFR 10.232 should provide
sufficient documentation. If the need develops for a radar sea service
letter after the implementation of this rule, the Coast Guard will then
consider developing a template.
One commenter asked that the Coast Guard ``clarify that `1 year of
sea service within the last 5 years' does not mean one year of
consecutive service, but instead requires the mariner to demonstrate a
total of at least 365 days of relevant service over the five-year
period.'' Generally, the Coast Guard defines 1 year, for the purpose of
complying with the service requirements of 46 subchapter B, as 360 days
when a person is assigned to work. In order to use sea service in lieu
of the required radar refresher or re-certification courses, a mariner
must provide documentary evidence of 360 days of aggregate service in
the previous 5 years in a position that routinely uses radar for
navigation and collision avoidance. The Coast Guard notes that 46 CFR
10.107 provides definitions for service, year, and day. Mariners should
consult this regulation to determine the specific sea service credit to
which each mariner is entitled.
A national pilot's association requested that, if the rule covers
pilots, that the Coast Guard allow pilots to submit a letter from a
pilot's association attesting to the applicant's sea service. The
association provided draft language to be inserted into the Coast
Guard's proposed revised language for Sec. 10.232(a)(6). As discussed
above, the Coast Guard intended to include pilots in this rule. The
language provided by the association has been adopted into this final
rule in an amended Sec. 10.232(a)(6). Pilots seeking to renew a radar
observer endorsement can submit a letter from a pilot's association
attesting to the applicant's sea service. The association's letter
should indicate that the vessels piloted were equipped with radar, and
that radar was used by the pilot for navigation and collision avoidance
purposes.
Online Renewal Training
Some commenters suggested that the Coast Guard should allow online
renewal training. Although the Coast Guard may approve certain training
to be offered online, we do not believe it is feasible for radar
observer re-certification courses. As radar observer re-certification
courses are typically 1 day in duration and consist almost exclusively
of graded examinations and practical exercises, the course is not well-
suited for online delivery. However, online training is possible for
portions of an original radar observer course, or a multi-day refresher
course. Guidance on the Coast Guard's policy concerning online training
is found in Enclosure (5) of Navigation and Vessel Inspection Circular
3-14.\7\
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\7\ Available at https://www.dco.uscg.mil/Portals/9/NMC/pdfs/announcements/2014/nvic-03-14_Course_Approval_Final_with_encls_20140122.pdf.
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V. Discussion of the Rule
In this rule, the Coast Guard is revising its regulations to
eliminate the requirement that a mariner actively using the mariner's
credential complete an approved or accepted refresher or re-
certification course to maintain a radar observer endorsement. A
mariner who serves in a relevant position on board a radar-equipped
vessel for 1 year in the previous 5 years will no longer be required to
complete a Coast Guard-approved or accepted radar refresher or re-
certification course per 46 CFR 11.480 to renew his or her radar
observer endorsement. The new requirement for 1 year of sea service
within the past 5 years is consistent with similar existing sea service
requirements found in, for example, 46 CFR 10.227(e)(1) (Requirements
for Renewal); 46 CFR 11.302(c) (Basic Training); and 46 CFR 11.303(c)
(Advanced Firefighting). For the purposes of this rule, relevant sea
service means having served in a position that routinely uses radar for
navigation and collision avoidance purposes on a radar-equipped vessel.
Additionally, mariners who provide evidence of being a qualified
instructor and having taught a Coast Guard-approved or accepted radar
course at least twice within the past 5 years will not be required to
complete a radar refresher or re-certification course. The 5-year
interval is based on both national and the International Convention on
the Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as amended (STCW) endorsement requirements that follow
recognized principles and standards of maritime skill acquisition and
retention. The provision to allow renewal of the endorsement by an
instructor of the radar course is consistent with the provision in 46
CFR 10.227(e)(1)(v) applicable to MMC renewals. This provision would be
applied to the radar observer endorsement.
This rule eliminates the requirement to carry a certificate of
training if the radar observer endorsement is on the MMC, and allows
the endorsement and MMC to expire at the same time.
The Coast Guard did consider removing the radar refresher or re-
certification course requirement altogether. However, the Coast Guard
believes that the competencies required by a radar observer would
degrade if the mariner does not use them on board vessels or
periodically refresh them by teaching or completing a course. The
concept that knowledge and skills will degrade with time if not used or
refreshed has been applied in other areas of maritime training, such as
the STCW requirements for basic training course every 5 years, and is a
recognized factor within the education industry. While there are few
specific studies in skill degradation in the maritime industry, this
issue has been the subject of discussion for decades in other
industries, including the aviation industry.\8\ Also, radar continues
to be incorporated into other shipboard systems and continues to change
with advancements in technology. The radar observer must keep current
with these changes through onboard utilization of skills or a formal
course of instruction. As a result, the Coast Guard did not pursue
removing radar renewal training altogether.
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\8\ Michael W. Gillen, Degradation of Piloting Skills (Master's
Thesis), University of North Dakota, Grand Forks (2008), assesses
professional aircraft pilots' basic instrument skills in the age of
highly automated cockpits. In addition to the specific findings
related to the aircraft pilots, the document contains a literature
review of applicable background studies concerning the general
theory of learning related to skill acquisition, retention, and
declination. The referenced literature includes a discussion of the
inverse nature of practice and completion time. Previous studies
showed that the time required to perform a task declined at a
decreasing rate as experience with the task increased. Results from
some of these previous studies indicated a rapid rate of learning
depreciation.
Arthur Winfred, Jr., Bennett Winston, Jr., Pamela L. Stanush,
and Theresa L. McNelly, ``Factors That Influence Skill Decay and
Retention: A Quantitative Review and Analysis,'' 11(1) Human
Performance 57 (1998), presents a review of skill retention and
skill decay literature about factors that influence the loss of
trained skills or knowledge over extended periods of non-use.
Results indicated that there is substantial skill loss after more
than 365 days of non-use or non-practice. Physical, natural, and
speed-based tasks--such as checklist and repetitive tasks--were less
susceptible to skill loss than decision-making tasks that are
cognitive, artificial, and accuracy-based. Collision avoidance and
navigation using radar can be considered examples of the latter
category.
John M. O'Hara, ``The Retention of Skills Acquired Through
Simulator-based Training,'' 33(9) Ergonomics 1143 (1990), examines
the loss of skills among two groups of merchant marine cadets that
were tested for watchstanding skills immediately preceding and
following a 9-month simulator-based training program. The mitigation
of decay as a function of a retraining experience was also
evaluated. The results indicated that watchstanding skills improved
following training and declined over the 9-month retention interval,
and that refresher training was effective in terms of skill loss
mitigation for some skill areas.
---------------------------------------------------------------------------
In summary, the Coast Guard will continue to require attendance at
a radar
[[Page 26585]]
refresher or re-certification course for mariners seeking to renew a
radar observer endorsement on the basis of sea service if they do not
have 1 year of relevant sea service in the previous 5 years in a
position that routinely uses radar for navigation and collision
avoidance purposes, on vessels equipped with radar. As discussed
earlier, mariners with radar observer endorsements who do have 1 year
of relevant sea service within the previous 5 years and have served in
a position that routinely uses radar for navigation and collision
avoidance purposes, on board a radar-equipped vessel, or who have met
certain instructor requirements, will be able to renew the radar
observer endorsement without completing a course. In addition, the
radar observer endorsement will expire with the MMC, and the mariner
with a radar observer endorsement will no longer be required to present
a course completion certificate within 48 hours of the demand to do so
by an authorized official.
Following is a section-by-section discussion of the changes.
46 CFR 11.480 Radar Observer
This rule revises 46 CFR 11.480(d), (e), (f), (g), and (h). A
current course completion certificate from a Coast Guard-approved or
accepted radar refresher or re-certification course in accordance with
46 CFR 11.480 will no longer be the only determinant of a mariner's
continued competency as a radar observer.
This rule revises 46 CFR 11.480 to apply the provisions of 46 CFR
10.227(e)(1)(v) to the radar observer endorsement. A qualified
instructor who has taught a Coast Guard-approved or accepted radar
observer course at least twice within the past 5 years will not be
required to complete a refresher or re-certification course, because he
or she will have met the standards to receive a course completion
certificate. The course approval process, in accordance with 46 CFR
subpart D, evaluates instructors to determine whether they are
qualified to teach the course.
Mariners will be allowed to use recent sea service in place of
completing a radar refresher or re-certification course. Mariners able
to provide evidence of 1 year of relevant sea service within the last 5
years in a position that routinely uses radar for navigation and
collision avoidance purposes on vessels equipped with radar will not be
required to attend a refresher or recertification course. This also
applies to mariners applying for raises of grade or new endorsements
under 46 CFR 10.231. As a result, 46 CFR 11.480(g) and (h) were
amended.
Prior to this rule, 46 CFR 11.480(h) allowed an applicant seeking a
raise of grade or increase in scope of an MMC endorsement, where the
increased grade or scope required a radar observer certificate, to use
an expired certificate to fulfill that requirement. However, a radar
endorsement was not placed on the credential. This provision was put in
place because, prior to this rule, expirations of MMCs and radar
certificates rarely expired on or near the same date. We are revising
46 CFR 11.480(h) to align the MMC with the radar endorsement and ensure
evidence of competence in the use of the radar through experience or
completion of the course. Consequently, applicants for a raise of grade
or increase in scope that requires radar but do not currently have
radar endorsed on their MMC, will be required to renew the radar
endorsement. A radar endorsement on the MMC will be considered
acceptable evidence of current radar experience or knowledge for
purposes of a raise of grade or increase in scope where that increase
requires radar training.
To renew a radar endorsement the applicant must provide the
following information: (1) Evidence of 1 year of sea service within the
last 5 years in a position that routinely uses radar for navigation and
collision avoidance purposes on board radar-equipped vessels; or (2)
evidence of having been a qualified instructor who has taught a Coast
Guard-approved or accepted radar observer course at least twice within
the past 5 years; or (3) successful completion of a Coast Guard-
approved or accepted radar course within the past 5 years. If the
applicant does not provide evidence of meeting the requirements for the
radar observer endorsement, the endorsement will not be granted.
46 CFR 15.815 Radar Observers
This rule revises 46 CFR 15.815 to eliminate the requirement that a
person required to hold a radar endorsement must have his or her course
completion certificate readily available. Having the course completion
certificate available is no longer necessary, because the expiration
date of the MMC and the radar endorsement coincide, making the radar
observer endorsement in the MMC prima facie evidence that its holder
meets the radar training standards. That was not the case previously.
The Coast Guard recognizes the need for a transition period. Therefore,
we are modifying the language in Sec. 15.815(d) and removing paragraph
(e) related to carrying and producing the radar course completion
certificate. If a mariner qualifies for a radar endorsement after their
MMC is issued, they can apply for a radar endorsement to be added to
their MMC. This provision will expire on July 22, 2024. After that
date, mariners may serve on board a vessel in a position that uses
radar if they have a radar observer endorsement on their MMC. While the
NPRM proposed revising Sec. 15.815(d) to allow the mariners listed in
Sec. 15.815(a), (b), and (c) to sail without a radar observer
endorsement, provided that they hold, and have immediately available, a
course completion certificate issued within the last 5 years from a
Coast Guard-approved or accepted radar course, the proposed text lacked
clarity and a termination date. This final rule modifies the revision
of Sec. 15.815(d) to retain the intended flexibility for mariners who
were not qualified for the radar observer endorsement at their last
credential application, but have subsequently completed a Coast Guard-
approved or accepted radar course and hold a course completion
certificate. Section 304 of Public Law 114-120, CGAA 2015, directed the
Coast Guard to harmonize MMC, medical certificate, and radar observer
expiration dates. It further directed the Coast Guard to establish a
process that would not require mariners to renew their MMCs early.
Consistent with the Congressional intent in section 304(b)(1) that
mariners not be required to incur unnecessary application fees, the
Coast Guard is providing this flexibility to ensure that mariners with
valid radar observer course completion certificates do not have to
apply to add the radar endorsement to their MMCs before their next MMC
renewal.
46 CFR 10.232 Sea Service
Finally, the Coast Guard is adding corresponding requirements to
Sec. 10.232(a) so that the sea service letter indicates whether the
vessel the mariner has served on is equipped with radar, and that the
mariner served in a position that routinely uses radar for navigation
and collision avoidance purposes. While certain vessels are required to
be equipped with radar, some vessels are not required to do so, such as
offshore supply vessels of less than 100 gross tons and mechanically
propelled vessels of less than 1,600 gross tons in ocean or coastwise
service. Although these vessels are not required to be equipped with
radar, some of them are equipped with radars. This rule ensures that
mariners serving in a position that routinely uses radar for navigation
and collision avoidance purposes, on vessels equipped with radar, will
get credit towards renewal of
[[Page 26586]]
the radar observer endorsement, regardless of whether the vessel was
required to carry radar.
In addition, the Coast Guard did not propose specific regulatory
text on radar observer endorsement requirements for maritime pilots
seeking to renew a radar observer endorsement. In response to several
public comments asking about pilots, the Coast Guard is amending Sec.
10.232(a)(6) to clarify that, for pilots seeking to renew a radar
observer endorsement, their association's letter should indicate that
the vessels piloted were equipped with radar, and that radar was used
by the pilot for navigation and collision avoidance purposes.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs) directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. DHS
considers this rule to be an Executive Order 13771 deregulatory action.
See OMB's Memorandum ``Guidance Implementing Executive Order 13771,
Titled `Reducing Regulation and Controlling Regulatory Costs' '' (April
5, 2017). Details on the estimated cost savings of this rule can be
found in the rule's regulatory analysis (RA) that follows.
Table 1 summarizes the changes to the regulatory text from the NPRM
to this final rule. In this final rule, the Coast Guard incorporated
``routinely'' into Sec. Sec. 10.232(a)(2)(vii) and 11.480(g), and
``For those pilots seeking to renew a radar observer endorsement, the
association's letter should indicate that the vessels piloted were
equipped with radar, and that radar was used by the pilot for
navigation and collision avoidance purposes'' in Sec. 10.232(a)(6).
These revisions to the regulatory text proposed in the NPRM were only
for clarification purposes; thus, the numerical assessment and
conclusions from the RA included in the NPRM (83 FR 26933, June 11,
2018) remain unchanged.
Table 1--Summary of Changes From NPRM to Final Rule
----------------------------------------------------------------------------------------------------------------
Resulting impact on
Regulatory text NPRM Final rule RA
----------------------------------------------------------------------------------------------------------------
Sec. 10.232(a)(2)(vii)....... Mariner served in a positon Mariner served in a No impact; edits made
using radar. position that routinely for clarification
uses radar. purposes.
Sec. 10.232(a)(6)............ An applicant who has been An applicant who has been No impact; edits made
acting as a pilot may acting as a pilot may for consistency with
submit a letter from a submit a letter from a 46 CFR
pilot's association pilot's association 10.232(a)(2)(vii).
attesting to the attesting to the
applicant's sea service. applicant's sea service.
Pilots not part of an For those pilots seeking
association may submit to renew a radar observer
other relevant records endorsement, the
indicating service, such association's letter
as billing forms. For a should indicate that the
raise-of-grade, pilots vessels piloted were
must comply with the equipped with radar, and
requirements of paragraph that radar was used by the
(a)(2) of this section. pilot for navigation and
collision avoidance
purposes. Pilots not part
of an association may
submit other relevant
records indicating
service, such as billing
forms. For a raise-of-
grade, pilots must comply
with the requirements of
paragraph (a)(2) of this
section.
Sec. 11.480(g)............... 1 year of relevant sea 1 year of relevant sea No impact; edits made
service within the last 5 service within the last 5 for clarification
years in a position using years in a position that purposes.
radar. routinely uses radar.
Sec. 11.480(h)............... An applicant for renewal of An applicant for renewal of No impact; edit made
a license or MMC who does a MMC who does not provide for accuracy.
not provide evidence of evidence of meeting the
meeting the renewal renewal requirements of
requirements of paragraphs paragraphs (d), (f), or
(d), (f), or (g) of this (g) of this section will
section will not have a not have a radar observer
radar observer endorsement endorsement placed on his
placed on his or her MMC. or her MMC.
Sec. 15.815(d)............... In the event that a person Until July 22, 2024, a No impact; edits made
described in paragraphs person may satisfy the for standardization.
(a), (b), or (c) of this requirements in paragraphs
section does not hold an (a), (b), or (c) by having
endorsement as radar immediately available a
observer, he or she must valid course completion
have immediately available certificate from an
a valid course completion appropriate Coast Guard-
certificate from a Coast approved or accepted radar
Guard-approved radar course that was issued
course. within the previous 5
years.
----------------------------------------------------------------------------------------------------------------
[[Page 26587]]
This RA provides an evaluation of the economic impacts associated
with this rule. The Coast Guard is revising its regulations so that a
mariner who served on board a radar-equipped vessel for 1 year in the
previous 5 years, in a position that routinely uses radar for
navigation and collision avoidance purposes, is not required to
complete a Coast Guard-approved or accepted radar refresher or re-
certification course to renew their radar observer endorsement, as
discussed in section V of this rule. Additionally, mariners who provide
evidence of being a qualified instructor and having taught a Coast
Guard-approved or accepted radar observer course at least twice within
the past 5 years will not be required to complete a radar refresher or
re-certification course. Table 2 provides a summary of the affected
population, costs, and cost savings after implementation of this rule.
The total 10-year discounted cost savings of the rule will be
$47,678,762 and the annualized total cost savings will be $6,788,383,
both discounted at 7 percent. We expect that an average of 7,037
mariners will benefit from this rule each year. This rule will result
in cost savings to these mariners for no longer incurring the costs to
complete the radar observer refresher or re-certification course. There
will be no impact to those mariners seeking an original radar observer
endorsement or who do not have 1 year of relevant sea service in a
position that routinely uses radar for navigation and collision
avoidance purposes, on board radar-equipped vessels in the previous 5
years. This rule will not impose costs on industry.
Table 2--Summary of the Impacts of the Final Rule
----------------------------------------------------------------------------------------------------------------
Affected
Change Description population Costs Cost Savings
----------------------------------------------------------------------------------------------------------------
Revise 46 CFR 11.480 (d), (e), Revise the Total of 35,183 No cost........... $6,788,383
(f), (g), and (h). merchant mariner mariners will no annualized and
credentialing longer be $47,678,762 10-
regulations to required to take year present
allow mariners radar refresher value monetized
who are qualified or re- industry benefits
instructors and certification (cost savings)
mariners who have course.. (7% discount
served 1 year of Annual average of rate).
sea service in 7,037 mariners
the previous 5 in per year benefit
a position that from rule
routinely uses (rounded).
radar for
navigation and
collision
avoidance
purposes on radar-
equipped vessels
to retain their
radar observer
endorsement
without being
required to take
a radar renewal
or re-
certification
course.
Revise 46 CFR 15.815............ Remove requirement 35,183 mariners... No cost........... No cost savings.
that a person
with a radar
observer
endorsement must
have a
certificate of
training readily
available.
Revise 46 CFR 10.232(a)(2)...... Add requirement 35,183 mariners... No quantifiable No cost savings.
that sea service cost. Cost to add
letters include one line item to
the information company's regular
that the vessel update to the
the mariner has service letter is
served on is too small to
radar equipped quantify.
and the mariner
served in a
position that
routinely uses
radar for
navigation and
collision
avoidance
purposes.
----------------------------------------------------------------------------------------------------------------
The revisions to 46 CFR 11.480 will result in cost savings to those
mariners who will no longer have to complete the radar observer
refresher or re-certification course.
The revisions to 46 CFR 15.815 will eliminate the requirement that
a person holding a radar endorsement must also have his or her course
completion certificate readily available. While the mariner will no
longer physically have to carry the certificate, he or she will still
have to physically carry an MMC that reflects a radar observer
endorsement. The costs of obtaining the copy of the certificate are
included in the cost of the completion of the course. Therefore, any
cost savings from these revisions are included in the calculations of
the cost savings to the revisions to 46 CFR 11.480. Those mariners who
do not have an MMC that reflects a radar observer endorsement will be
allowed to sail if they hold, and have immediately available, a course
completion certificate, issued within the last 5 years, from a Coast
Guard-approved or accepted radar course. There is no impact to these
mariners, as they currently have to carry a certificate to show course
completion. This exemption is only available for 5 years after the
effective date of this rule.
The revisions to 46 CFR 10.232 will add a requirement that the sea
service letter for those seeking to renew a radar observer endorsement
indicate whether the mariner served on a vessel equipped with radar,
and if the mariner served in a position that routinely used radar for
navigation and collision avoidance purposes. The operating companies
that use service letters are already required to provide mariner
service information. These companies will have to add a line item once
per vessel, and then the line item will be available for all mariners
serving on that radar-equipped vessel, if they are serving in a
position that routinely uses radar for navigation and collision
avoidance purposes. The companies generally produce a service letter
once every 5 years to provide the employees the documentation necessary
to renew their credentials. We expect the additional line will be
included in the company's regular updates to service letters.
Affected Population
We expect that this rule will affect mariners with a radar observer
endorsement and mariners who will need one in the future. More
specifically, it will affect those mariners with at least 1 year of sea
service in the previous 5 years in a position that routinely uses radar
for navigation and collision avoidance purposes on board a
[[Page 26588]]
radar-equipped vessel, as they will no longer be required to complete a
Coast Guard-approved or accepted radar refresher or re-certification
course, per 46 CFR 11.480, in order to renew their radar observer
endorsement. It will also affect mariners who have taught a Coast
Guard-approved or accepted radar course at least twice within the past
5 years, the majority of whom hold a valid endorsement and will be
included in the affected population. The radar observer endorsement
will expire with the MMC, and the mariner will no longer be required to
carry the course completion certificate.
We used data from the Coast Guard's Merchant Mariner Licensing and
Documentation (MMLD) system to estimate the average number of mariners
affected by this rule. The MMLD system is used to produce MMCs at the
National Maritime Center. Table 3 below shows the radar endorsement
data from the MMLD system used to estimate the affected population. The
MMLD system does not have exam data prior to 2011 for the mariners who
took the rules of the road exam to renew an MMC.
Table 3--Mariners Holding Radar Observer Endorsements
----------------------------------------------------------------------------------------------------------------
Mariners who hold
a radar observer Mariners who took
Year endorsement rules of the road Mariners who
(current total exam to renew MMC benefit from rule
population)
----------------------------------------------------------------------------------------------------------------
2011................................................... 37,612 488 37,124
2012................................................... 38,114 572 37,542
2013................................................... 37,011 638 36,373
2014................................................... 35,262 671 34,591
2015................................................... 34,280 716 33,564
2016................................................... 34,546 777 33,769
2017................................................... 34,076 755 33,321
--------------------------------------------------------
Average total mariners............................. 35,843 660 35,183
Impacted per year.............................. 7,169 132 7,037
----------------------------------------------------------------------------------------------------------------
The ``Mariners Who Hold a Radar Observer Endorsement'' column shows
the number of unique mariners who, on January 1 of each year, held a
valid MMC with a radar observer endorsement. Per Sec. 11.480, each
applicant for a renewal of a radar observer endorsement must complete
the appropriate Coast Guard-approved or accepted refresher or re-
certification course, receive the appropriate course completion
certificate, and present the certificate or a copy of the certificate
to the Coast Guard. A radar observer endorsement is valid for 5 years
from the date of completion of the Coast Guard-approved or accepted
course. From 2011 to 2017, an average of 35,843 total mariners held a
valid MMC with a radar observer endorsement. The Coast Guard does not
have more detailed information as to the expiration for each mariner's
radar observer endorsement. Therefore, we divided the total number of
mariners by 5 to estimate that an average of 7,169 mariners will need
to take the radar refresher or re-certification course each year
(35,843 total number of mariners / 5, rounded to nearest whole number).
Under this rule, the Coast Guard expects that a portion of this
total will not have 1 year of sea service in the last 5 years in a
position that routinely uses radar for navigation and collision
avoidance purposes on board radar-equipped vessels. Some mariners are
inactive, but still complete the requirements to renew an MMC. The
requirements for the renewal of an MMC are in Sec. 10.227. In order to
renew their credentials, mariners must present acceptable documentary
evidence of at least 1 year of sea service during the past 5 years, or
pass a comprehensive, open-book exercise that includes a rules of the
road examination. The MMLD database tracks mariners who take the rules
of the road exam. The ``Mariners Who Took Rules of the Road Exam to
Renew MMC'' column in table 3 shows the number of the unique mariners
in the ``Mariners Who Hold a Radar Observer Endorsement (Current Total
Population)'' column who took the rules of the road examination as part
of the MMC renewal process for their existing valid MMCs, not the
number of mariners who took the rules of the road exam in that given
year. Therefore, we used this as a proxy to estimate the number of
mariners who did not have 1 year of sea service in the last 5 years.
Under this rule, an average of 660 total mariners will still have to
take a Coast Guard-approved or accepted radar refresher or re-
certification course in order to maintain the radar observer
endorsement. The Coast Guard does not have more detailed information as
to when each mariner took the radar refresher or re-certification
course over the 5-year period. We divided the total number of mariners
by 5 to find an average of 132 mariners will still need to take the
exam each year (660 total number of mariners / 5).
We subtracted the number in the ``Mariners Who Took Rules of the
Road Exam to Renew MMC'' column from the number in the ``Mariners Who
Hold a Radar Observer Endorsement'' column to find the mariners who,
under this rule, will not have had to take a radar refresher or re-
certification course when they last renewed their MMC. From 2011 to
2017, an average of 35,183 mariners held radar observer endorsements
and had at least 1 year of relevant sea service during the past 5
years. This number represents the total number of mariners expected to
benefit from this rule. We divided the total number of mariners
expected to benefit from this rule by 5 to find the average number of
mariners who will benefit each year (35,183 total number of mariners /
5). This totals to an average of 7,037 (rounded to nearest whole
number) mariners per year who will no longer have to take a Coast
Guard-approved or accepted radar refresher or re-certification course.
Costs
The regulatory changes in this rule will not impose any costs to
industry or government, because of its deregulatory nature.
Cost Savings
The cost savings to industry equal the difference between the
current baseline cost to industry and the remaining cost to industry
when the regulatory changes in this rule are implemented.
[[Page 26589]]
Baseline Cost to Industry
Mariners incur costs for the radar refresher or re-certification
course. To estimate the cost savings to industry, we first estimated
the current costs to industry. These include the cost of the refresher
or re-certification course, the time to take the course, and time and
mileage costs to travel to take the course. To estimate the cost of the
course, the Coast Guard researched and found a sample of course costs
from five training centers that offer Coast Guard-approved or accepted
radar refresher or re-certification courses. The cost of the courses
ranged from $199 to $250. We took an average of the 5 estimates to find
the average cost of the courses is $228 (($199 + $250 + $225 + $225 +
$243) / 5, rounded to nearest dollar).9 10 11 12 13
---------------------------------------------------------------------------
\9\ Maritime Professional Training, course cost of $199, found
at http://www.mptusa.com/course/149-Radar-Observer-Recertification-Renewal.
\10\ Compass Courses, course cost of $250, found at https://compasscourses.com/maritime-safety-training-courses/radar-re-certification/.
\11\ The Marine Training Institute, course cost of $225, found
at http://themarinetraininginstitute.com/ecdis-radar-recertification/.
\12\ Calhoon MEBA Engineering School, course cost of $225, per
correspondence with school representative, found at http://www.mebaschool.org/
\13\ Maritime Institute of Technology & Graduate Studies, course
cost of $243, found at https://www.mitags-pmi.org/courses/view/Radar_Observer_Recertification.
---------------------------------------------------------------------------
We then estimated the cost of the time for the mariners to take the
renewal course. The 5 training centers state that the radar refresher
or re-certification course is 1-day. For the purposes of complying with
service requirements, we defined a day as 8 hours (46 CFR 10.107,
Definitions in subchapter B).\14\ We obtained the wage rate of a
mariner from the Bureau of Labor Statistics (BLS), using Occupational
Series 53-5021, Captains, Mates, and Pilots of Water Vessels (May
2016). The BLS reports that the mean hourly wage rate for a Captain,
Mate, or Pilot is $39.19.\15\ To account for employee benefits, we used
a load factor of 1.52, which we calculated from 2016 4th quarter BLS
data.\16\ The loaded wage for a mariner is estimated at $59.57 ($39.19
wage rate x 1.52 load factor). We multiplied the loaded wage rate by
the hourly burden to find the current cost for a mariner to take the
radar refresher or re-certification course is $476.56 ($59.57 wage rate
x 8-hour burden).
---------------------------------------------------------------------------
\14\ 46 CFR 10.107, https://ecfr.io/Title-46/pt46.1.10#se46.1.10_1107.
\15\ Mean wage, https://www.bls.gov/oes/2016/may/oes535021.htm.
\16\ Employer Costs for Employee Compensation provides
information on the employer compensation and can be found in table 9
at https://www.bls.gov/news.release/archives/ecec_03172017.pdf. The
loaded wage factor is equal to the total compensation of $28.15
divided by the wages and salary of $18.53. Values for the total
compensation, wages, and salary are for all private industry workers
in the transportation and material moving occupations, 2016 4th
quarter. We use 2016 data to keep estimated cost savings in 2016
dollars.
---------------------------------------------------------------------------
The Coast Guard then estimated the cost for the mariners to travel
to take the refresher or re-certification course. The radar refresher
or re-certification course must be taken in person at a training
center. This means the mariners incur costs for time to travel to take
the course. We estimated mileage using travel costs assumptions from
the ``Implementation of the 1995 Amendments to the International
Convention on Standards of Training, Certification, and Watchkeeping
for Seafarers, 1978, and Changes to National Endorsements'' final
rule.\17\ On average, a mariner commutes 50 miles to a training course
one-way, or 100 miles round trip. The Federal Highway Administration
reports the average commute speed for private vehicles is 28.87 miles
per hour.\18\ We divided the average round trip mileage to the training
center by the average commute time to find that it takes an average of
3.46 hours for a mariner to travel to and from the training center (100
miles / 28.87 miles per hour, rounded). We multiplied this by the
loaded hourly wage rate to find that the hourly burden per mariner to
travel to the training center to take the refresher or re-certification
course is $206.11 (3.46 hours x $59.57). The mariners also incur
additional mileage costs for traveling to the training facility to take
the 1-day course, such as gas and wear and tear on their vehicles. We
used the U.S. General Services Administration privately owned vehicle
mileage reimbursement rate of $0.54 per mile to estimate this
additional cost.\19\ We multiplied this rate by the 100 miles round
trip to the training facility to estimate that the mariners incur a
cost of $54 per mariner for the additional mileage costs.
---------------------------------------------------------------------------
\17\ Found at https://www.regulations.gov/docket?D=USCG-2004-17914. Non-commuting driving time estimate found on page 132 of the
Regulatory Analysis and Final Regulatory Flexibility Analysis,
located under Supporting Documents.
\18\ ``Summary of Travel Trends: 2009 National Household Travel
Survey'', table 27, found at http://nhts.ornl.gov/2009/pub/stt.pdf.
\19\ Found at https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-rates/pov-mileage-rates-archived. We use the 2016 rate to keep
all costs in 2016 dollars.
---------------------------------------------------------------------------
Table 4 summarizes the costs per mariner to take the radar
refresher or re-certification course. Adding the cost of the 1-day
course, the opportunity cost of time to take the course, and the
opportunity cost of roundtrip travel time and mileage costs to get to
the training center, we found that it costs $964.67 per mariner to take
the radar refresher or re-certification course.
Table 4--Costs per Mariner for Radar Refresher or Re-Certification
Course
------------------------------------------------------------------------
Cost category Cost
------------------------------------------------------------------------
1-Day Course................................................. $228.00
Opportunity Cost of Time (8 hours) Spent in Training Facility 476.56
Opportunity Cost of Roundtrip Travel Time to Training Center. 206.11
Mileage Costs................................................ 54.00
----------
Total.................................................... 964.67
------------------------------------------------------------------------
To find the baseline total cost for all mariners to take the radar
refresher or re-certification course, we multiplied the total cost per
mariner of $964.67 by the annual average number of mariners who
currently hold radar observer endorsements. As shown in table 3, we
found this to be an annual average of 7,169 mariners. Therefore, the
total baseline annual average cost for all mariners is $6,915,719
(7,169 mariners x $964.67 per mariner, rounded).
Remaining Costs to Industry After Implementation of the Regulatory
Changes
The Coast Guard is revising Sec. 11.480 so that the number of
mariners required to take a radar refresher or re-certification course
to renew their radar observer endorsement will be reduced. As shown in
table 3 in the ``Affected Population'' subsection, an average of 132
mariners will still need to take the radar refresher or re-
certification course each year. These mariners will continue to have
the same costs per mariner shown in table 4. Multiplying the cost per
mariner by the average mariners who will still need to take the course
each year, we found the total annual cost to industry under this rule
will be $127,336 (132 mariners x $964.67 per mariner).
Cost Savings
To find the total cost savings of this rule, we subtracted the
remaining costs from the baseline costs to industry after
implementation of the rule. Subtracting $127,336 from $6,915,719, we
found the total cost savings of this rule will be $6,788,383 per year.
Table 5 shows the total 10-year undiscounted industry cost savings of
this rule will be $67,883,830. The 10-year estimated discounted cost
savings to industry will be $47,678,762, with an annualized cost
savings of $6,788,383, using a 7-percent discount rate. Using a
perpetual period of
[[Page 26590]]
analysis, we estimated the total annualized cost savings of the rule
will be $5,541,343 in 2016 dollars (assuming a Year 1 of 2019), using a
7-percent discount rate.
Table 5--Total Estimated Cost Savings of the Rule Over a 10-Year Period of Analysis (Discounted at 7 and 3
Percent)
----------------------------------------------------------------------------------------------------------------
Total Total, discounted
Year undiscounted -------------------------------
cost savings 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... $6,788,383 $6,344,283 $6,590,663
2............................................................... 6,788,383 5,929,237 6,398,702
3............................................................... 6,788,383 5,541,343 6,212,332
4............................................................... 6,788,383 5,178,825 6,031,390
5............................................................... 6,788,383 4,840,023 5,855,719
6............................................................... 6,788,383 4,523,386 5,685,164
7............................................................... 6,788,383 4,227,464 5,519,577
8............................................................... 6,788,383 3,950,901 5,358,812
9............................................................... 6,788,383 3,692,431 5,202,730
10.............................................................. 6,788,383 3,450,870 5,051,194
-----------------------------------------------
Total....................................................... 67,883,830 47,678,762 57,906,284
Annualized.............................................. .............. 6,788,383 6,788,383
----------------------------------------------------------------------------------------------------------------
Benefits
This final rule also provides some qualitative benefits. The CGAA
2015 required the Coast Guard to harmonize the expiration dates of the
mariner's radar observer endorsement with expiration of the mariner's
MMC. Thus, the promulgation of this final rule facilitates compliance
with Section 304 of the CGAA 2015. The elimination of the refresher or
re-certification course, and validating qualification with a sea
service letter with attestation of radar utilization at the time of
application for renewal of an MMC brings the endorsement into
concurrence with the MMC date of issuance.
B. 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.
Based on the RFA's definition of a small entity, section 601(6),
where it comprises small businesses, non-profit organizations, and
small governmental jurisdictions, this final rule only affects mariners
and not companies that hire mariners; therefore, mariners do not fall
under the definition of a small business, small organization, or small
governmental jurisdiction as defined by sections 601(3), 601(4) and
601(5) of the RFA.
This rule reduces the burden on mariners by removing the
requirement to attend a radar refresher or re-certification course
every 5 years for mariners who have 1 year of relevant sea service in
the previous 5 years in a position that routinely uses radar for
navigation and collision avoidance purposes on board radar-equipped
vessels, or for Coast Guard-approved or accepted radar course-qualified
instructors who have taught the class at least twice within the past 5
years. The MMC and radar observer endorsement is in the mariner's name
and not the company's name, so we assume the affected mariners receive
the cost savings from this final rule. We do not have, nor did we
receive during the public comment period, any further information that
companies would reimburse the mariners for these costs and would accrue
the costs savings.
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.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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. The information
collection associated with this rule is the currently approved
collection 1625-0040 (MMC Application).\20\ The revisions to 46 CFR
15.815 will eliminate the requirement that a person holding a radar
endorsement must also have his or her course completion certificate
readily available. While the mariner will no longer physically have to
carry the certificate, he or she will still have to carry an MMC that
reflects a radar observer endorsement. Those mariners who do not have
an MMC that reflects a radar observer endorsement will be allowed to
sail provided that they hold, and have immediately available, a course
completion certificate, issued within the last 5 years, from a Coast
Guard-approved or accepted radar refresher or re-certification course.
There is no impact to these mariners, as they currently have to carry a
certificate to show course completion.
---------------------------------------------------------------------------
\20\ The full title of COI 1625-0040 is ``Application for
Merchant Mariner Credential (MMC), Application for Medical
Certificate, Application for Medical Certificate--Short Form, Small
Vessel Sea Service (Optional) Form, DOT/USCG Periodic Drug Testing
(Optional) Form, and Disclosure Statement for Narcotics, DWI/DUI,
and/or Other Convictions (Optional) Form.''
---------------------------------------------------------------------------
[[Page 26591]]
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows. It is well settled that States may not
regulate in categories reserved for regulation by the Coast Guard. It
is also well settled that all of the categories covered in 46 U.S.C.
3306, 3703, 7101, and 8101 (design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of vessels), as well as the reporting of casualties and any other
category in which Congress intended the Coast Guard to be the sole
source of a vessel's obligations, are within the field foreclosed from
regulation by the States. See the Supreme Court's decision in United
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135
(2000). Because this rule involves the credentialing of mariners under
46 U.S.C. 7101, it relates to personnel qualifications and is,
therefore, foreclosed from regulation by the States. Because the States
may not regulate within this category, this rule is consistent with the
principles of federalism and preemption requirements in Executive Order
13132.
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 (adjusted for
inflation) or more in any one year. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause 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 will not create an
environmental risk to health or risk to safety that might
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 will 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.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
will 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 023-01 (series) and Commandant Instruction 5090.1
(COMDTINST 5090.1), which guide the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have made a determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under the ADDRESSES section of this preamble. This rule
is categorically excluded under paragraphs L52, L54, and L56 of
Appendix A, Table 1 of DHS Instruction Manual 023-01 (series).
Paragraph L52 pertains to regulations concerning vessel operation
safety standards, paragraph L54 pertains to regulations which are
editorial or procedural, and paragraph L56 pertains to regulations
concerning the training, qualifying, and licensing of maritime
personnel. This rule involves merchant mariner credentialing
regulations to remove obsolete portions of the radar observer
requirements, harmonize the radar observer endorsement with the MMC,
and reduce an unneeded financial burden on mariners required to hold a
radar observer endorsement.
List of Subjects
46 CFR Part 10
Penalties, Personally identifiable information, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 10, 11, and 15 as follows:
PART 10--MERCHANT MARINER CREDENTIAL
0
1. The authority citation for part 10 is revised to read as follows:
Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive
Order 10173; Department of Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 10.232 as follows:
0
a. Redesignate paragraphs (a)(2)(vii) through (x) as paragraphs
(a)(2)(viii) through (xi), respectively;
0
b. Add new paragraph (a)(2)(vii); and
0
c. Revise paragraph (a)(6).
[[Page 26592]]
The addition and revision read as follows:
Sec. 10.232 Sea service.
(a) * * *
(2) * * *
(vii) For those seeking to renew a radar observer endorsement,
whether the vessel is equipped with radar and if the mariner served in
a position that routinely uses radar for navigation and collision
avoidance purposes.
* * * * *
(6) An applicant who has been acting as a pilot may submit a letter
from a pilot's association attesting to the applicant's sea service.
For those pilots seeking to renew a radar observer endorsement, the
association's letter should indicate that the vessels piloted were
equipped with radar, and that radar was used by the pilot for
navigation and collision avoidance purposes. Pilots not part of an
association may submit other relevant records indicating service, such
as billing forms. For a raise-of-grade, pilots must comply with the
requirements of paragraph (a)(2) of this section.
* * * * *
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
3. The authority citation for part 11 is revised to read as follows:
Authority: 14 U.S.C. 503; 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, 8906,
and 70105; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.
0
4. Amend Sec. 11.480 as follows:
0
a. In paragraph (d), remove the text ``paragraph (e)'' and add in its
place the text ``paragraphs (f) or (g)''; and
0
b. Revise paragraphs (e) through (h).
The revisions read as follows:
Sec. 11.480 Radar observer.
* * * * *
(e) A radar observer endorsement issued under this section is valid
until the expiration of the mariner's MMC.
(f) A mariner may also renew his or her radar observer endorsement
by providing evidence of meeting the requirements in 46 CFR
10.227(e)(1)(v).
(g) The Coast Guard will accept on-board training and experience
through acceptable documentary evidence of 1 year of relevant sea
service within the last 5 years in a position that routinely uses radar
for navigation and collision avoidance purposes on vessels equipped
with radar as meeting the refresher or re-certification requirements of
paragraph (d) of this section. This also applies to mariners applying
for raises of grade or new endorsements under 46 CFR 10.231.
(h) An applicant for renewal of an MMC who does not provide
evidence of meeting the renewal requirements of paragraph (d), (f), or
(g) of this section will not have a radar observer endorsement placed
on his or her MMC.
PART 15--MANNING REQUIREMENTS
0
5. The authority citation for part 15 continues 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; sec. 617, Pub. L. 111-281, 124 Stat.
2905; and Department of Homeland Security Delegation No. 0170.1.
0
6. Amend Sec. 15.815 by revising paragraph (d) and removing paragraph
(e).
The revision reads as follows:
Sec. 15.815 Radar observers.
* * * * *
(d) Until July 22, 2024, a person may satisfy the requirements in
paragraph (a), (b), or (c) by having immediately available a valid
course completion certificate from an appropriate Coast Guard-approved
or accepted radar course that was issued within the previous 5 years.
Dated: May 31, 2019.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2019-11905 Filed 6-6-19; 8:45 am]
BILLING CODE 9110-04-P