[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Proposed Rules]
[Pages 81294-81336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25425]



[[Page 81293]]

Vol. 88

Tuesday,

No. 223

November 21, 2023

Part IV





Department of Homeland Security





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 Coast Guard





46 CFR Parts 401 and 402





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Great Lakes Pilotage Modernization; Proposed Rule

  Federal Register / Vol. 88 , No. 223 / Tuesday, November 21, 2023 / 
Proposed Rules  

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 401 and 402

[Docket No. USCG-2022-0025]
RIN 1625-AC79


Great Lakes Pilotage Modernization

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend certain Great Lakes 
Pilotage regulatory requirements to align with current Coast Guard and 
U.S. pilot association operations and pilotage practices. This proposed 
rule would clarify the different phases of training and types of 
registrations for pilots who work on the Great Lakes, eliminate 
outdated practices and redundant requirements, and adds much needed 
structure regarding the billing dispute process.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 22, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0025 using the Federal Decision Making Portal at 
www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Mr. Vincent Berg, Coast Guard; telephone 202-906-0835, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed 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
    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. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking and will consider all comments and material 
received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal Decision 
Making Portal at www.regulations.gov. To do so, go to 
www.regulations.gov, type USCG-2022-0025 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. If you cannot submit 
your material by using www.regulations.gov, call or email the person in 
the FOR FURTHER INFORMATION CONTACT section of this proposed rule for 
alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the www.regulations.gov Frequently Asked Questions web 
page. That page also explains how to subscribe for email alerts that 
will notify you when comments are posted or if a final rule is 
published. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive.
    Personal information. We accept anonymous comments. Comments we 
post to www.regulations.gov will include any personal information you 
have provided. For more about privacy and submissions in response to 
this document, see the Department of Homeland Security's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).
    We do not plan to hold a public meeting, but we will consider doing 
so if based on public comments we determine that a meeting would be 
helpful. We would issue a separate Federal Register notice to announce 
the date, time, and location of such a meeting.

II. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
Director Director, Great Lakes Pilotage
FR Federal Register
GLPAC Great Lakes Pilotage Advisory Committee
GT Gross tonnage
MMC Merchant Mariner Credential
MOU Memorandum of Understanding
NPRM Notice of proposed rulemaking
NAICS North American Industry Classification System
NTSB National Transportation Safety Board
OMB Office of Management and Budget
Sec.  Section
TWIC Transportation Workers Identification Credential
U.S.C. United States Code
WWM-2 Coast Guard Great Lakes Pilotage Division

III. Basis and Purpose

    The legal basis of this proposed rulemaking is Title 46 of the 
United States Code (U.S.C.) Chapter 93,\1\ which requires each foreign 
vessel and each vessel of the U.S. operating ``on register,'' meaning 
U.S. vessels engaged in foreign trade, to use United States or Canadian 
pilots while transiting the U.S. waters of the St. Lawrence Seaway and 
the Great Lakes system.\2\ For U.S. Great Lakes pilots, 46 U.S.C. 
9303(a) requires the Secretary to prescribe, by regulation, standards 
of competency to be met by each applicant for registration as a Great 
Lakes pilot. Additionally, sections 9303(c) and (d) authorize the 
Secretary to prescribe regulations establishing the validity period of 
Great Lakes pilot's registration and other conditions for service 
respectively. The Secretary's duties and authority under 46 U.S.C. 
Chapter 93 have been delegated to the Coast Guard.\3\
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    \1\ 46 U.S.C. 9301-9308.
    \2\ 46 U.S.C. 9302(a)(1).
    \3\ Department of Homeland Security (DHS) Delegation No. 
00170.1, Revision No. 01.3, paragraph II (92)(f).
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    The purpose of this notice of proposed rulemaking (NPRM) is to 
update the Great Lakes pilotage regulations in title 46 of the Code of 
Federal Regulations (CFR) parts 401 and 402 to reflect the current 
pilotage terms and practices used by the Coast Guard and U.S. pilot 
association operations. While the regulations in the current CFR do not 
conflict with our current practices, they do not fully reflect the 
current apprentice pilot training requirements and titles for pilot 
progression. Accordingly, the Coast Guard proposes to update the 
current CFR as follows:
    1. To redefine the different phases of pilot registration, which 
would generally follow this progression:

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``Applicant,'' ``Applicant Trainee,'' ``Apprentice Pilot,'' ``Limited 
Registration,'' ``Full Registration,'' and ``Temporary Registered 
Pilot'';
    2. To add ``marine accident'' to the definitions section to clarify 
a pilot's reporting requirements;
    3. To clarify training benchmarks to ensure registration of 
qualified mariners and help retain experienced U.S. Registered Pilots.
    4. To align medical requirements and radar observer training 
requirements for U.S. Registered Pilots with the Merchant Mariner 
Credential (MMC) and manning regulations in 46 CFR parts 10-15;
    5. To clarify the pilotage billing dispute process with respect to 
when a vessel is and is not liable for charges; and
    6. To remove outdated provisions, including dates and terms, from 
the Transportation Workers Identification Credential (TWIC), the 
foreign language requirements for navigation, the one-year time limit 
for applicants to complete training, and other regulations that were 
written when both the Department of Commerce and the Coast Guard had 
regulatory authority over U.S. pilotages services.
    The Coast Guard believes that the updated registration process in 
this proposed rule would ensure that regulations reflect current 
training practices while keeping within the statutory mandate to 
prescribe standards of competency in 46 U.S.C. 9303(a). The proposed 
updates would also align with the program's goals of promoting 
competent, safe, efficient, and reliable pilotage service throughout 
the Great Lakes and St. Lawrence Seaway, promoting commerce, and 
protecting the marine environment.

IV. Background

    Chapter 93 of Title 46 of the U.S.C. establishes a system of 
compulsory pilotage on the Great Lakes, requiring that each vessel of 
the United States operating ``on register,'' meaning United States 
vessels engaged in any commercial activity, and all foreign vessels, 
use a United States or Canadian Registered Pilot when operating in the 
Great Lakes.\4\
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    \4\ See The Great Lakes Pilotage Act of 1960, Public Law 86-555, 
June 30, 1960, as amended (codified at 46 U.S.C. 9301 et seq.).
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    Great Lakes pilots use in-depth local knowledge, seasoned 
navigational and ship handling expertise, and informed independent 
judgement to guide both U.S. and foreign oceangoing commercial vessels 
safely in and out of Great Lakes' ports and waterways. Congress made 
pilotage use compulsory in 1960, after becoming concerned that the 1959 
opening of the St. Lawrence Seaway led to a surge in shipping traffic. 
Congress addressed such a definite threat to safe navigation by passing 
the Great Lakes Pilotage Act of 1960.
    The regulations for pilot application and registration appear in 46 
CFR parts 401 and 402. These regulations require that mariners applying 
for pilot registration meet minimum requirements and qualifications and 
file an application form with the Director. While the Coast Guard is 
responsible for publishing an annual rule that sets pilotage rates, 46 
CFR parts 401 and 402 have not been otherwise substantively updated 
since the early 1960s. As a result, these regulations are not in 
alignment with current practices by the Coast Guard and the pilotage 
industry operating on the Great Lakes.
    In 2017, the Coast Guard asked the Great Lakes Pilotage Advisory 
Committee (GLPAC) to help the Coast Guard identify existing 
regulations, guidance, and collections of information (that fall within 
the scope of the Committee's charter) for possible repeal, replacement, 
or modernization.\5\ In March 2018, GLPAC made several recommendations 
to update or remove outdated regulatory requirements from 46 CFR parts 
401 and 402.\6\ In a September 10, 2018 meeting, GLPAC also recommended 
that the Coast Guard explore deadlines for contesting pilotage service 
invoices in part 402.\7\
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    \5\ 82 FR 34909, July 27, 2017.
    \6\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket. To locate the docket for this rulemaking, see the Public 
Participation and Request for Comments portion of this preamble.
    \7\ The recommendation is on page 171 of the September 10, 2018, 
GLPAC Meeting Transcript, which is available in the docket for this 
rulemaking.
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    In addition, the Coast Guard has identified several other areas 
that we propose revising. Ambiguities in regulatory text have caused 
confusion for pilots regarding training and registration instructions. 
A mariner qualifies for a given pilotage district in segments, allowing 
the Coast Guard to provide limited credentials as a mariner completes 
each stage of the pilot association's training program. This 
progression is in the best interest of the mariners who can gain 
responsibility during the training program while ensuring that safety 
is not compromised. As explained above, with this rulemaking, the Coast 
Guard proposes to clarify the different phases of training and types of 
registrations for pilots who work on the Great Lakes. This includes 
clarifying the differences between temporary and limited registrations, 
and which pilots are eligible for those registrations.
    This proposed rule would affect approximately 51 United States 
Registered Pilots, 9 Apprentice Pilots, and 3 Temporary Registered 
Pilots on the Great Lakes as well as 3 district pilot associations and 
the owners and operators of approximately 293 vessels opting to use 
those pilots or statutorily required to use those pilots.

V. Discussion of Proposed Rule

A. Summary of Proposed Changes

    This proposed rule would make several changes to 46 CFR parts 401 
and 402 to clarify nomenclature and align these regulations with 
current practice and with other relevant regulations and plain language 
guidelines. The changes are summarized here and discussed in detail, 
section-by-section, below. The most substantial change that the Coast 
Guard is proposing in is to update the definitions section in part 401, 
subpart A, to clarify the phases of transition through the registration 
process, as well as adding definitions for miscellaneous terms to help 
clarify their application in other subparts. The Coast Guard is also 
proposing to change each instance of the affected terms based on the 
new definitions that appear elsewhere in parts 401 and 402. 
Additionally, the Coast Guard is proposing to change the application 
and training requirements for the different phases of pilotage 
registration in part 401, subpart B, that would generally follow this 
progression: ``Applicant,'' ``Applicant Trainee,'' ``Apprentice 
Pilot,'' ``Limited Registration,'' ``Full Registration,'' and 
``Temporary Registered Pilot.''
    The Coast Guard proposes changing these regulations to align them 
with current pilotage training practices and to clarify the obligations 
that mariner applicants must fulfill before advancing to the next phase 
of registration.
    The Coast Guard is also proposing to change the regulations 
covering the administration of registered pilots located in subparts B, 
C, D, E, and G. The Coast Guard is proposing these changes to bring the 
regulations into conformity with modern pilot administrative practices. 
Many of the specific requirements reference outdated locations, contact 
information, and procedures. These antiquated references make the 
regulations difficult to understand, and the proposed changes will 
bring much needed clarity to the regulations imposed on registered 
pilots.
    The last category of changes that the Coast Guard is proposing is a 
series of

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technical amendments that will bring the regulations into conformity 
with the Plain Language Act and Information Network's Plain Language 
guidelines. One such proposed technical amendment, for example, is 
changing ``The Coast Guard shall'' to ``The Coast Guard must.''
    A section-by-section description of the proposed changes follows.

B. Definitions

    The Coast Guard is proposing to make a number of changes to Sec.  
401.110 to update the phases of pilot registration, to add definitions 
to terms that are commonly used by industry members but not reflected 
in the CFR, to revise definitions for terms whose meaning has changed 
since the last update to these regulations, and to remove definitions 
for terms that are no longer used or applicable to these regulations.
Updated Phases of Pilot Registration
    In Sec.  401.110, the Coast Guard is proposing to redefine the 
different stages of pilot registration to clarify the transitions 
through the registration process. At the present, there are training 
phases that are commonly used by the pilots in practice but lack 
precise legal definitions. This can lead to confusion for pilot 
applicants as to what is required of them before advancing to the next 
phase.
    The Coast Guard proposes to add the following terms and their 
definitions, currently used in practice, to the CFR: Applicant, Limited 
Registration, and Temporary Registered Pilot. The Coast Guard proposes 
to redefine the following terms already existing in the CFR: Apprentice 
Pilot and Applicant Trainee. The proposed general progression would be 
Applicant, Applicant Trainee, Apprentice Pilot, Limited Registration, 
Full Registration (which we also refer to as a United States Registered 
Pilot or U.S. Registered Pilot in the regulations), and Temporary 
Registered Pilot. This would help clarify the differences between the 
terms and phases. We describe these updates, in turn, below.
Applicant
    The Coast Guard proposes to add the term Applicant and its 
definition to the CFR. Applicant would mean a person who has submitted 
an application (Form CG-4509) to the Director for consideration for 
placement in an approved U.S. Great Lakes pilotage training and 
qualification program at an association. The Director would review the 
application to see if the Applicant meets the minimum requirements per 
Sec.  401.210.
Applicant Trainee
    The Coast Guard proposes to redefine the term Applicant Trainee 
that currently appears in the CFR. Redefined, Applicant Trainee would 
mean a person who is approved by the Director and is participating in 
an approved U.S. Great Lakes pilot training and qualification program. 
The mariner would meet the minimum requirements of the pilotage 
regulations in proposed new Sec.  401.214 for Applicant Trainees. These 
requirements are spelled out in further detail below in Section C., 
Updates to Training Requirements for Pilots. The Applicant Trainee does 
not have the necessary 6 months of service or experience on the Great 
Lakes or endorsement on their MMC to qualify as an Apprentice Pilot. 
The Director would issue the Applicant Trainee a U.S. Coast Guard 
Applicant Trainee Identification Card.
    In practice, the Applicant Trainee would spend at least 6 months at 
the district becoming familiar with the area waters. The Applicant 
Trainee would conduct trips on vessels, accompanying a U.S. Registered 
Pilot or Temporary Registered Pilot, to gain pilotage experience on the 
Great Lakes. These trips, conducted as an Applicant Trainee, would not 
count toward the minimum number of round trips required for Full 
Registration. Once the Applicant Trainee completes the familiarization 
in the district waters, the association could request the Applicant 
Trainee become an Apprentice Pilot in the district's training and 
qualification program. The Applicant Trainee is not eligible for a 
Limited or Temporary Registration.
Apprentice Pilot
    The Coast Guard proposes to redefine the term Apprentice Pilot that 
currently appears in the CFR. Redefined, Apprentice Pilot would mean a 
person who has been approved by the Director and is participating in an 
approved U.S. Great Lakes pilot training and qualification program. The 
mariner would meet the minimum requirements in revised Sec.  401.211. 
The Director would issue the Apprentice Pilot a U.S. Coast Guard 
Apprentice Pilot Identification Card. The proposed requirements for an 
Apprentice Pilot are discussed further in the preamble with the 
proposed changes to Sec.  401.211.
    Apprentice Pilots would typically possess a minimum of 6 months of 
pilotage experience on the Great Lakes and have a First Class Pilot 
endorsement on their MMC for the waters in which Full Registration is 
sought. The Apprentice Pilot would be required to complete round trips 
until the Apprentice Pilot demonstrates proficiency, accompanying a 
U.S. Registered Pilot or Temporary Registered Pilot, upbound and 
downbound in the district's waters, and inbound to and outbound from 
ports, in accordance with their individual training plan.
Limited Registration
    The Coast Guard would add the term Limited Registration and its 
definition to the CFR. Limited Registration would mean an authorization 
issued by the Director via letter to an Apprentice Pilot, upon the 
request of the pilotage association, that allows the Apprentice Pilot 
to provide pilotage service without direct supervision from a U.S. 
Registered Pilot or Temporary Registered Pilot in a specific area or 
waterway to facilitate the Apprentice Pilot's training. The proposed 
requirements for a Limited Registration are discussed with the proposed 
changes to Sec.  401.211 in new paragraph (k).
Full Registration
    The Coast Guard would add the term Full Registration and its 
definition to the CFR. Full Registration would mean the issuance of a 
Certificate of Registration ID card, by the Director, to an Apprentice 
Pilot, who meets and completes all the Coast Guard's proposed 
registration requirements in new Sec. Sec.  401.210, 401.211, 402.210, 
and 402.220. These proposed requirements are discussed further below in 
Section C., Updates to Training Requirements for Pilots.
    Generally, if the Apprentice Pilot satisfies all the Coast Guard's 
registration requirements and the pilotage association's requirements, 
and has maintained favorable performance evaluations during the 
training program, the Apprentice Pilot advances to Full Registration. 
The pilotage association could request that the Director consider an 
Apprentice Pilot for Full Registration as a United States Registered 
Pilot. The Director could approve or deny the request. If approved, the 
Director would issue the Apprentice Pilot a Certificate of 
Registration, making them a fully registered pilot. Full Registration 
would make the Apprentice Pilot a United States Registered Pilot who 
may provide pilotage services for the relevant pilotage association in 
accordance with the pilotage regulations.
Temporary Registered Pilot
    The Coast Guard is proposing to add the term Temporary Registered 
Pilot and its definition to the CFR. A Temporary

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Registered Pilot means a person who is issued a Temporary Registration 
by the Director, in accordance with proposed new Sec.  401.222. A 
Temporary Registration would apply to pilots who desire to provide 
pilotage services but who have either reached the age of 70, or 
previously retired from pilotage service. The Coast Guard would require 
that a Temporary Registered Pilot hold a valid MMC, have previously 
held a Full Registration, meet the requirements of proposed Sec.  
401.222, and have been requested to provide pilotage services by the 
pilotage association. The new requirements in proposed Sec.  401.222 
are discussed further below in Section C., Updates to Training 
Requirements for Pilots. The Director may make the Temporary 
Registration valid for a certain period of time, not to exceed 1 year 
from the date of issuance.
New Definitions
    In addition to the updated phases of pilot registration, the Coast 
Guard also proposes to add definitions to the CFR for the following 
terms that currently appear in the CFR to better clarify their 
meanings: chemical test, gross tonnage, individual training plan, 
marine accident, minimum number of round trips, officer endorsement, 
round trip, and semi-annual performance evaluation report. These terms 
clarified in the following paragraphs.
Chemical Test
    The Coast Guard proposes to add the definition of ``chemical test'' 
to the definitions in Sec.  401.110 to clarify the kind of test that 
will comply with the proposed new reporting requirements. Chemical test 
would mean a scientifically recognized test that analyzes an 
individual's breath, blood, urine, saliva, bodily fluids, or tissues 
for evidence of dangerous drug, alcohol use, or any illegal substance, 
in alignment with the existing definition in 46 CFR 4.03-7. The 
definition of chemical test would apply to new requirements in parts 
401 and 402 for mariners to submit chemical tests to the Coast Guard 
either at the Applicant phase of their application to be a pilot, or 
for marine accident reporting.
Gross Tonnage or GT
    This proposed rule would add a definition for ``gross tonnage or 
GT'' to align with the gross tonnage measurement of the vessel under 46 
U.S.C. chapter 143, Convention Measurement. Though 46 U.S.C. chapter 
143 does not apply to a vessel of United States or Canadian registry or 
nationality, or a vessel operated under the authority of the United 
States or Canada, and that is operating only on the Great Lakes, unless 
the owner requests, the Coast Guard proposes to adopt the Convention 
Measurement's definition of gross tonnage to clarify which tonnage 
scheme the Great Lakes Pilotage regulations use. Parts 401 and 402 use 
gross tonnage in the context of determining whether Applicants or 
Apprentice Pilots (referred to as applicant pilots in the current CFR) 
have had comparable experience on other vessels or integrated tugs and 
tows on the Great Lakes or oceans to that of registered pilots on the 
Great Lakes. This is the same definition used in 46 CFR 10.107 for MMCs 
and in 46 CFR 69.57 for piloting regulations. As defined in parts 401 
and 402, gross tonnage would require the mariner to obtain knowledge 
and previous performance that is equivalent to the knowledge and 
technical skills obtained by serving as an officer on vessels 4,000 GT 
or over.
Individual Training Plan
    The Coast Guard proposes to add the term ``individual training 
plan'' and its definition to the CFR. This term and its definition are 
consistent with its use in current pilot association training programs. 
The individual training plan would outline the specific requirements of 
the association for an Apprentice Pilot, including the length of time 
to complete the training and the minimum number of round trips required 
to demonstrate proficiency. The individual training plan would 
communicate the qualifications and demonstrated skills that the 
Apprentice Pilot would be required to complete to meet the proficiency 
requirements for the training. The association would submit the 
individual training plan to the Director for review and approval, and 
the Director would then track the Apprentice Pilot's development 
through the training period. This is consistent with current practice. 
The association would establish an individual training plan's training 
requirements based on the association's determination of proficiency, 
the officer endorsement on the MMC, and the Apprentice Pilot's pilotage 
experience on the Great Lakes.
Marine Accident
    The Coast Guard proposes to add a definition for the term ``marine 
accident'' that currently appears in the CFR. A marine accident would 
include any of the following incidents that occur while a U.S. 
Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited 
Registration, or Temporary Registered Pilot is providing pilotage 
services in U.S. or Canadian waters:
    (i) Any allision or collision;
    (ii) Any grounding;
    (iii) A loss of main propulsion, primary steering, or any 
associated component or control system that, due to its duration or 
other circumstance, significantly impacts the maneuverability of the 
vessel;
    (iv) An occurrence, directly related to the provision of pilotage 
services, involving significant harm to the environment as currently 
defined in 46 CFR 4.03-65, and including Canadian waters throughout the 
Great Lakes in addition to U.S. waters; or
    (v) Any other incident, directly related to the provision of 
pilotage services, causing property damage in excess of $75,000 U.S. 
dollars (including the cost of labor and material to restore the 
property to its condition before the incident, but excluding the cost 
of such things as salvage, cleaning, gas-freeing, drydocking, or 
demurrage).
    The outlined instances in this proposed definition are based on the 
definition in 46 CFR 4.05-1 for marine casualties, tailored for 
reporting marine accidents related to the Great Lakes pilotage program.
    This definition would be used to identify events or occurrences 
where pilots must submit a marine accident report to the Director under 
revised Sec.  401.260. Clearly defining marine accident would help 
ensure that certain marine accidents are reported to the Director in 
support of the Director's oversight. The reporting requirement would 
clarify that this obligation to report marine accidents to the Director 
does not alleviate any other marine casualty reporting requirements 
elsewhere in Coast Guard or other agency regulations. We propose adding 
the marine accident definition and reporting requirement to alleviate 
concerns about accidents related to Great Lakes pilotage not being 
reported to the Director.
Minimum Number of Round Trips
    The Coast Guard proposes to add a definition for ``minimum number 
of round trips'' to have one term to define the number of successful 
round trips an Apprentice Pilot must complete to become eligible for 
Full Registration. The phrase minimum number of round trips would mean 
the fewest successful round trips that the Apprentice Pilot would be 
required to perform under the direct supervision of a U.S. Registered 
Pilot or Temporary Registered Pilot to demonstrate proficiency prior to 
advancing and completing training. The minimum number of round trips 
required would be prescribed in the Apprentice Pilot's approved 
individual

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training plan, discussed in revised Sec.  401.211. Section 402.220 
contains the minimum number of round trips for certain officer 
endorsements.
    In practice, each round trip would be evaluated, and the evaluation 
form would be retained in the mariner's training record. If, after 
evaluation, the Apprentice Pilot does not satisfy the Director's or 
association's proficiency requirements, additional trips in that area 
or port could be required.
Officer Endorsement
    Officer endorsement is currently used in the regulations governing 
MMCs in 46 CFR part 10 to mean an annotation on an MMC that allows a 
mariner to serve in the capacities listed in 46 CFR 10.109. We are 
proposing to add a definition for ``officer endorsement'' that matches 
the definition in 46 CFR part 10 to help ensure that the term is 
interpreted consistently.
Round Trip
    The Coast Guard proposes to add a definition for ``round trip'' to 
clarify what is expected of the Apprentice Pilot, as outlined in their 
individual training plan. We propose to define round trip as providing 
pilotage service, in both directions, from one change point to another 
change point or inbound and outbound in a port designated by an 
authorized pilotage pool. This definition would also apply to the round 
trip in the proposed definition minimum number of round trips. Defining 
round trip would help clarify the minimum requirements for Apprentice 
Pilots in their training.
Semi-Annual Performance Evaluation Report
    The Coast Guard proposes to add a definition for ``Semi-annual 
Performance Evaluation Report.'' Twice per shipping season, the 
association would be required to submit to the Director a progress 
report of how the Apprentice Pilot is progressing through their 
training. The report would assess an Apprentice Pilot's progress in the 
pilot association's training and qualification program, and the 
Apprentice Pilot's performance in completing their individual training 
plan.
Revised Definitions
    We are also proposing to revise the definitions of association, 
Commandant, comparable experience, Director, person, pilotage pool, 
Rate computation definitions to determine Weighting Factors, Secretary, 
and United States Registered Pilot or U.S. Registered Pilot to align 
the regulatory definitions with industry usage and understanding. These 
proposed revisions are detailed below.
Association
    The Coast Guard proposes to remove the words ``or held'' from the 
definition of ``association.'' This would clarify that if the Coast 
Guard revokes an association's Certificate of Authorization, they are 
no longer an association under the Act or Coast Guard regulations. In 
addition, the Coast Guard proposes to specify in the definition of 
association that the Director, instead of the Great Lakes Pilotage 
Branch, issues the Certificate of Authorization to the association.
Commandant
    In the definition of ``Commandant,'' our only proposed change is to 
replace the outdated office symbol, CG-00, with the current office 
designation, CCG.
Comparable Experience
    The Coast Guard proposes to change the first sentence in the 
definition of ``comparable experience'' to better define the 
requirements. Currently, the definition suggests that comparable 
experience is similar experience obtained by serving as an officer of a 
vessel. The proposed changes would state that comparable experience 
means knowledge and previous performance that is equivalent to the 
knowledge and technical skills obtained by serving as an officer on 
vessels of at least 4,000 GT or over. We propose adding this 
requirement, that comparable experience must be obtained on vessels of 
at least 4,000 GT, throughout the regulations to be consistent 
regarding comparable experience and the requirements to be a registered 
pilot in 46 U.S.C. 9303(a)(2). The existing regulations for qualifying 
for registration in 46 CFR 401.210(a)(1) require service to be accrued 
on vessels of 4,000 GT or over on the Great Lakes or oceans. This 
experience, on vessels of 4,000 GT or over, also applies to Apprentice 
Pilots (currently referred to as Applicant Pilots in the CFR) in 
existing Sec.  401.211(a)(1).
Director
    In the definition, this proposed rule would remove outdated 
reference to Commandant (CG-WWW-2) and replace it with Director, Great 
Lakes Pilotage. We would also update the mailing address for the 
Director within the definition.
Person
    In the definition of ``person,'' we propose changing ``pool'' to 
``pilotage pool,'' to align with the new definition of ``pilotage 
pool'' discussed below.
Pilotage Pool
    The Coast Guard proposes to revise the current term and definition 
of ``pool'' by revising the term and amending the definition. First, we 
propose to revise the term pool by adding ``pilotage'' to identify it 
more clearly. Throughout parts 401 and 402, this proposed rule would 
update all references to ``pool'' to ``pilotage pool.'' In current 
practice, the Director provides the pilotage pool a Certificate of 
Authorization to operate as an association. Second, the definition of 
pool in the current CFR text is an organization authorized to provide 
pilotage services. We propose to revise the definition to account for 
the requirement that an organization must hold a Certificate of 
Authorization issued by the Director to provide pilotage services. The 
new definition would clearly indicate what is required for a pilotage 
pool authorization.
Rate Computation Definitions To Determine Weighting Factors
    The Coast Guard proposes to add the words, ``to determine Weighting 
Factors'' to the existing phrase, ``Rate computation definitions,'' at 
Sec.  401.110(a)(10) to indicate to the public the purpose for these 
rate computation definitions. The definitions of ``length'', 
``breadth'', and ``depth'' at Sec.  401.110(a)(10)(i)-(iii) themselves 
would remain unchanged. Weighting factors are used in the calculation 
of a vessel's pilotage rate to determine the appropriate fee for a 
vessel's pilotage services and are based on the size of the vessel.
Secretary
    This proposed rule would revise the definition of ``Secretary'' to 
align with the definition used in 46 U.S.C. 2101. The revised 
definition would point to the Secretary of the department in which the 
Coast Guard is operating, instead of the Secretary of Homeland 
Security. This proposed change would promote consistency between 
definitions used throughout statutes and Coast Guard implementing 
regulations.
United States Registered Pilot or U.S. Registered Pilot
    This rule proposes non-substantive changes to the definition of 
``United States Registered Pilot or U.S. Registered Pilot.'' First, we 
propose to remove an outdated reference to ``license'' and revise the 
discussion of the authorization document to read ``an MMC with an 
officer endorsement.'' We

[[Page 81299]]

propose to add the word ``areas'' to capture that the endorsements for 
pilotage on the Great Lakes can be for routes or areas. We also propose 
an edit to make clear that, under the newly proposed training stage 
nomenclature, a United States Registered Pilot currently holds a 
Certificate of Registration.
    We would also update the outdated references to Title 52 of the 
Revised Statutes of the United States with references to Title 46 of 
the United States Code, which is where the Coast Guard's statutory 
authority exists for Great Lakes pilotage regulations.
Removed Definitions
    The Coast Guard proposes to remove the definition of Movage because 
the ratemaking methodology no longer supports this action. Under the 
ratemaking methodology before 2016, pilot districts charged the vessel 
owners a defined movage fee to move a vessel from one place to another; 
for example, from an anchorage to inside the harbor, or dock to dock. 
Since the ratemaking methodology was updated in 2016, vessel owners are 
charged an hourly rate for any vessel movement by a United States 
Registered Pilot, rounded up or down to the nearest 15 minutes.
    The Coast Guard also proposes to delete the definition of ``other 
officer'' from the definition section because we are proposing to 
delete the only reference to the term in Sec.  401.510(b)(3). The 
definition would no longer be necessary because we would not reference 
the term anywhere in part 400.
Organizational Changes
    The Coast Guard proposes to revise Sec.  401.110 to list the 
existing and new definitions in alphabetical order to make it easier 
for the reader to find definitions. The changes to the definitions are 
described in the alphabetical order they would appear in the revised 
Sec.  401.110 definition section.
    The Coast Guard is also proposing to update each instance of 
affected terms in parts 401 and 402 to align with the new definitions.

C. Updates To Training Requirements for Pilots

    The Coast Guard is proposing to update the regulations that govern 
the application and training requirements to bring the CFR into 
conformity with industry practice. These regulations, located in part 
401, instruct an applicant pilot as to what specifically they must do 
in order to apply and progress through the newly clarified phases of 
pilot registration. Following is a section-by-section description of 
the updates being proposed to the Great Lakes Pilotage application and 
training requirements. These changes include formatting changes that 
will improve the usability and readability of the CFR.
Sec.  401.200 Application for Registration
    In Sec.  401.200, the Coast Guard proposes to add the email 
address, ``[email protected]'', and physical mailing address, 
``Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, 
Stop 7509, Washington, DC 20593-7509'' to which Applicants for pilotage 
on the Great Lakes must submit the Application for Registration as a 
United States Registered Pilot (Form CG-4509). We propose allowing 
either physical mail or electronic submission of the Application for 
Registration as a United States Registered Pilot (Form CG-4509) form to 
the Director to provide flexibility to the mariners. This change would 
also provide clear guidance for where to submit the form.
    In this section, the Coast Guard proposes to remove the requirement 
to submit two full-face photographs when submitting Application Form 
CG-4509. The passport photos are not needed at this stage of the 
process. Following the submission of an application and an interview 
process, passport-style photos would be requested from the Applicant if 
they are approved to be placed into a U.S. Great Lakes pilot training 
and qualification program. The requirement to submit the photos upon 
the request of the Director would be in Sec.  401.211(e) for Apprentice 
Pilots, and in proposed new Sec.  401.214(e) for Applicant Trainees.
    In practice, if the Applicant does not submit the required 
application materials, the Coast Guard Great Lakes Pilotage Office 
works with the Applicant to obtain the required documentation to meet 
the minimum requirements. Once the Applicant provides additional 
information and meets the minimum requirements, the approved 
application is forwarded to the pilot district(s) requested by the 
applicant for consideration. The pilot associations maintain a list of 
Applicants who meet the minimum requirements, and conduct interviews 
based on the applications provided by the Great Lakes Pilotage Office 
and the need for more pilots. If the Applicant is selected by the 
association, the association submits a letter to the Director 
requesting that the Applicant be placed in that district's approved 
training and qualification program.
    We are also proposing a formatting change to this section where we 
would remove the paragraph (a) designation. All the text within this 
section would be undesignated. Removing the paragraph (a) designation 
would remove the need for the unused reserved paragraph (b) within this 
section. There is no need for multiple paragraph designations within 
this short section.
Sec.  401.210 Requirements and Qualifications for Full Registration
    In paragraph (a)(1), the Coast Guard proposes to clarify that the 
mariner must have an MMC with an officer endorsement issued in 
accordance with 46 CFR subchapter B, part 11. We propose to delete the 
outdated references to Title 52 of the Revised Statutes of the United 
States. We also propose to change applicants qualifying with ``ocean 
service'' to applicants qualifying with ``other than Great Lakes 
service,'' because mariners may have different endorsements on their 
MMC, such as Master Ocean or Master Inland Waters. This change would 
help clarify that applicants qualifying with an endorsement on their 
MMC other than Great Lakes service must obtain at least 6 months of 
service as a deck officer or comparable experience on the Great 
Lakes.\8\ We also propose to clarify in this section that the officer 
experience must be ``deck'' officer experience. Deck officer experience 
means the mariner is working on a vessel under the endorsement as per 
their MMC.
---------------------------------------------------------------------------

    \8\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket.
---------------------------------------------------------------------------

    The paragraphs in paragraph (a) of this section contain several 
requirements a pilot must meet to be eligible for full registration. We 
propose making the following changes to the paragraphs and redesignate 
the requirements in paragraphs (a)(1) through (8).
    In paragraph (a)(4), the Coast Guard proposes to add a reference to 
46 CFR part 10, subpart C, for the mariners to find the applicable 
medical requirements and standards prescribed by the Commandant.
    In paragraph (a)(6), the Coast Guard proposes to remove the 
requirement for a U.S. Registered Pilot to have a valid TWIC because 
this requirement is duplicative of the TWIC requirement prescribed in 
46 CFR 10.203 for obtaining an MMC. A mariner cannot be a U.S. 
Registered Pilot without holding an MMC. This non-substantive change is 
in accordance with GLPAC recommendation 1 from the GLPAC Subcommittee 
Teleconference Meeting Minutes from March 5, 2018. Because we propose 
to remove the text from paragraph (a)(6), we propose to redesignate the 
subsequent paragraphs. We propose to move the existing requirement that 
the mariner agrees to

[[Page 81300]]

be available for service, currently in paragraph (a)(7), into paragraph 
(a)(6), without change.
    In redesignated paragraph (a)(7), the Coast Guard proposes to 
change ``Applicant Pilot'' to ``Apprentice Pilot'' to conform to the 
proposed new definitions. Revised paragraph (a)(7) would require 
mariners seeking Full Registration to complete the requirements for an 
Applicant Pilot in Sec.  401.220(b). We are also proposing to delete 
the text ``if applying for registration for waters in which a pilotage 
pool is authorized'' because the requirements in Sec.  401.220(b) would 
apply to all Apprentice Pilots.
    In 401.210(a)(8), the Coast Guard also proposes to add that 
Apprentice Pilots requesting full registration must meet chemical 
testing requirements as defined in 46 CFR part 16. Currently, all U.S. 
pilots on the Great Lakes are required to meet the chemical testing 
requirements in part 16. The purpose of this proposed addition is to 
clarify that this will also be part of the Apprentice Pilot 
qualifications.
Sec.  401.211 Training requirements for Apprentice Pilots and Limited 
Registration Authorization
    The Coast Guard proposes to change the term ``Applicant Pilot'' to 
``Apprentice Pilot'' throughout this section to align with the new 
definition of Apprentice Pilot. Use of the term Apprentice Pilot falls 
more in line with industry vernacular for this stage. We also propose 
to add ``Limited Registration Authorization'' to the section name 
because we propose to include the requirements for Apprentice Pilots to 
obtain this authorization as part of their training program.
    This proposed rule would separate the requirements for Apprentice 
Pilots to be selected for training from existing paragraph (a) and put 
the list into new paragraph (b). In the requirements for Apprentice 
Pilots in redesignated paragraph (b)(1), this proposed rule would 
update the cross-reference from Sec.  401.210(a)(7) to paragraph (a)(8) 
to conform with proposed redesignations in that section.
    In revised paragraph (b)(3), the Coast Guard proposes to revise the 
radar observer requirement to state that the Apprentice Pilot must have 
a radar observer (unlimited) endorsement on their MMC. We would also 
include a cross-reference to the radar observer requirements in Sec.  
11.480 for the public's reference. By removing the obsolete radar 
competency certificate option, we would bring the regulations up to 
date with the current radar observer endorsement requirements in 46 CFR 
subchapter B, part 11. This conforming change would not be a new 
requirement for mariners, because they are already expected to have a 
radar endorsement issued by the Coast Guard.
    In this section, we also propose to allow submission of the 
Application Form CG-4509 to the email address 
[email protected] in addition to the physical mailing address 
Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 
7509, Washington, DC 20593-7509. Emailing the form could reduce the 
administrative burden associated with submitting the form. We would 
also clarify that the Director will request a signed passport-style 
photograph from those applying to be an Apprentice Pilot, when needed. 
The photographs would not be required when submitting Form CG-4509, 
because the photos are not needed until the Coast Guard is ready to 
issue an identification card.
    In this revised section, the Coast Guard proposes to clarify the 
issuance of the U.S. Coast Guard Apprentice Pilot Identification Card. 
If the applicant meets the requirements in this section and is selected 
to be placed in an association's training program, the association 
would submit a letter to the Director for approval. If the Director 
approves placing the applicant in the training program, the Coast Guard 
would issue the applicant an Apprentice Pilot Identification Card.
    The Coast Guard proposes to expand the list of circumstances when 
an Apprentice Pilot Identification Card would become invalid to account 
for the Director's statutory authority to set validity periods in 46 
U.S.C. 9303(c). At the time of issuance of the Identification Card, the 
Director would indicate a validity period for the card. For example, 
the Director could coincide the expiration dates of the identification 
card with the dates of the Semi-annual Performance Evaluation Reports, 
August 15 and January 15. The other three existing grounds for 
expiration for the Identification Card would remain substantively the 
same, including when the Apprentice Pilot is registered as a pilot 
under Sec.  401.210, when the Apprentice Pilot withdraws from the 
training program, or when the card is ordered withdrawn by the 
Director.
    In new paragraph (g), we propose to add a requirement that all 
Apprentice Pilots must have a Director-approved individual training 
plan. The associations currently provide Director-approved individual 
training plans to the Apprentice Pilots as guidance during the approved 
U.S. Great Lakes pilot training and qualification program. We intend to 
codify this current practice in the regulations. As stated in the 
proposed definition, an individual training plan would outline the 
specific requirements and expectations for each Apprentice Pilot. The 
individual training plan would provide clear direction for the 
Apprentice Pilot, association, and Director regarding the Apprentice 
Pilot's goals and progression through the training program. The 
Apprentice Pilot and the pilot association would record the round trips 
outlined in the individual training plan and provide this information 
to the Director for review.
    In new paragraph (g) we also propose to clarify that round trips 
completed as an Apprentice Pilot would count toward the minimum number 
of round trips required for Full Registration. As a consequence of not 
defining round trips previously, there has been confusion for Applicant 
Trainees and Apprentice Pilots regarding when their trips do or do not 
count towards the Full Registration certification. The trips outlined 
in the Apprentice Pilot's individual training plan and conducted with a 
U.S. Registered Pilot or Temporary Registered Pilot would have to be 
recorded by the Apprentice Pilot and count towards Full Registration. 
If the association feels the Apprentice Pilot is not ready to provide 
pilotage services after completing the required minimum number of round 
trips outlined in their individual training plan, the association could 
require the Apprentice Pilot to continue conducting round trips until 
they meet the association's requirements. Trips completed while an 
Applicant Trainee would not count toward the minimum number of round 
trips.
    In addition, the Coast Guard is proposing at new paragraph (h) to 
require that associations conduct Semi-annual Performance Evaluation 
Reports for their Apprentice Pilots to assess the Apprentice Pilots' 
progress in their training program. The associations currently provide 
evaluation reports to the Director to share the Apprentice Pilot's 
progress in the approved U.S. Great Lakes pilot training and 
qualification program at the District. We propose to codify this 
current practice in the regulations. The associations would submit 
these reports to the Director by August 15 and January 15 of each year.
    The report would include recommendations to the Director on whether 
to keep the Apprentice Pilot in the training program. This report would 
be intended to evaluate the Apprentice Pilot's progression through 
their training and help keep the Director informed of that progress. 
The report

[[Page 81301]]

would provide the Apprentice Pilot necessary feedback to stay on track 
with their individual training plan and association expectations. By 
requiring a semi-annual report submission to the Coast Guard, all 
parties would remain informed of the progression of the Apprentice 
Pilot's training throughout the Great Lakes. All requests for 
Apprentice Pilots and Limited Registrations must contain a positive 
endorsement from the pilot association's training committee or 
president for the Director's consideration. The positive endorsement 
does not guarantee issuance or renewal by the Director. The Director 
considers the Apprentice's training progress, traffic projections, and 
other relevant information when making the decision to issue a 
certification.
    Another proposed requirement for this section at new paragraph (i) 
is that the Apprentice Pilot must be enrolled in the association's 
chemical testing program, commonly known as drug testing, that meets 
the requirements of 46 CFR part 16. We are proposing to add chemical 
testing requirements and compliance into these regulations to ensure 
Apprentice Pilots are being monitored by the associations in the 
interest of maritime safety on the Great Lakes.
    In new paragraph (j), the Coast Guard proposes procedures for how 
an Apprentice Pilot may obtain a Limited Registration. Where the 
Director determines a need for the pilot in order to meet the needs of 
increased vessel traffic, a Limited Registration could be issued to an 
Apprentice Pilot who has completed the requirements in Sec.  401.220(b) 
and maintained a favorable performance evaluation in their Semi-annual 
Performance Evaluation Reports.
    Specifically, the Apprentice Pilot would be required to satisfy the 
association's requirements in a specific area or port of the district 
waters before being eligible for a Limited Registration, as set out in 
the Apprentice Pilot's training plan. Thereafter, the association would 
request approval for the Apprentice Pilot to provide pilotage services 
in these specific areas without supervision by a United States 
Registered Pilot or Temporary Registered Pilot. If approved, the 
Director would issue the Apprentice Pilot a letter authorizing Limited 
Registration for the area or port completed and requested by the 
association. The Apprentice Pilot would be able to provide pilotage 
services without supervision in the authorized area and would continue 
to complete round trips in other areas and ports as opportunities are 
provided by the association. Once all required round trips are 
completed per their individual training plan, only the association may 
make a request to the Coast Guard that the Apprentice Pilot take the 
pilot's written exam.
    The Director could revoke the Limited Registration if the Director 
feels the Apprentice Pilot is not receiving the appropriate training 
time to complete the remaining trips left in the District waters. 
Limited registrations are valid for as long as the Director determines.
    Last, we propose adding new paragraph (k), which would state 
requirements for when an Apprentice Pilot may be eligible for a 
Certificate of Registration. These requirements are distinct from the 
requirements for Applicant Trainees contained in Sec.  401.210 and 
reflect the value of an Apprentice Pilot's experience. The four 
proposed requirements would be: completion of a Director-approved Great 
Lakes pilot association's training program, a positive endorsement from 
the association, successful completion of the Director's exam, and a 
determination by the Director that there is a need for an additional 
pilot in that association. These requirements exist in practice and are 
referenced throughout parts 401 and 402. We propose codifying them here 
so that it is clear to the Apprentice Pilot and associations what 
conditions are necessary to reach Full Registration.
Sec.  401.214 Training Requirements for Applicant Trainees
    In this new section, we propose to outline all the requirements for 
Applicant Trainees, as we do for Full Registration and Apprentice 
Pilots in other sections. This section would codify the Director's 
authority to determine the number of Applicant Trainees needed to be in 
training at a time for each association to ensure a sufficient number 
of U.S. Registered Pilots in that district. This authority is exercised 
in the ratemaking update every year, but this proposed rule would 
codify it.
    The requirements for Applicant Trainees would be similar to those 
of Apprentice Pilots but would not require any prior Great Lakes 
service experience. In the proposed requirements, the Applicant Trainee 
must be a U.S. citizen, of good moral character and temperate habits, 
physically competent, available for service, under the age of 60, in 
compliance with the chemical testing requirements, and have a radar 
observer (unlimited) endorsement on their MMC.
    The Applicant Trainee would be required to obtain at least 6 months 
of service as a credentialed officer on the Great Lakes before being 
eligible to be considered for Apprentice Pilot. Training performed as 
an Applicant Trainee would be under the supervision of a U.S. 
Registered Pilot or Temporary Registered Pilot. This proposed section 
states that the Director must approve the pilots designated to provide 
training to Applicant Trainees, as an oversight measure. When an 
Applicant Trainee is conducting trips with a U.S. Registered Pilot or 
Temporary Registered Pilot to complete the 6-month familiarization 
requirement or comparable experience on the Great Lakes, the round 
trips would not count toward Full Registration certification.
    In practice, Applicant Trainees would be required to receive a 
positive endorsement from the pilot association's training committee or 
president for the Director's consideration. The positive endorsement 
would not guarantee issuance or renewal by the Director. The Director 
would consider the Applicant Trainee's progress, traffic projections, 
and other relevant information when making the decision to issue a 
certification.
    As we also propose in other sections, we propose clarifying that 
the Applicant Trainee may submit the Application Form CG-4509 to the to 
the email address [email protected] or the physical mailing 
address Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. 
SE, Stop 7509, Washington, DC 20593-7509. We also note that the 
Director would request the signed passport-style photographs when they 
are needed, but they would not need to be submitted with the 
application. The Coast Guard does not need the photos until issuing the 
identification card.
    Applicant Trainees who are selected by the association and approved 
by the Director would be issued a U.S. Coast Guard Applicant Trainee 
Identification Card. The card would remain valid until the earliest of 
an expiration date set by the Director, the date the Applicant Trainee 
is registered as an Apprentice Pilot, the date the Applicant Trainee 
withdraws from the training program, or the date the Director orders 
the card returned.
Sec.  401.220 Registration of Pilots
    The Coast Guard proposes to remove the 1-year time limit in 
Sec. Sec.  401.220(b)(1) and 402.220(a) for Apprentice Pilots to 
complete their round trips, and instead allow the applicable time limit 
to be specified in an Apprentice Pilot's individual training plan. Due 
to limited vessel traffic in some districts and ports, some Apprentice 
Pilots are not able to complete the required number of

[[Page 81302]]

training trips in 1 year. This change would allow Apprentice Pilots 
more time to complete these trips, in accordance with their individual 
training plan. Currently, training takes 2-to-3 years, on average, 
depending on which MMC endorsements the Apprentice Pilot holds and how 
quickly they satisfy the requirements set forth by the association. 
This proposed change is in accordance with GLPAC subcommittee 
recommendations 4 and 5, described in the GLPAC Subcommittee 
Teleconference Meeting Minutes from March 5, 2018, and adopted at the 
GLPAC Teleconference meeting on April 11, 2018.\9\
---------------------------------------------------------------------------

    \9\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket.
---------------------------------------------------------------------------

    The proposed revisions to Sec.  401.220(b) would align the 
requirements in paragraphs (b)(1) through (3) with the new definition 
for Apprentice Pilots. In proposed paragraph (b)(3), the Coast Guard 
proposes to clarify when the written examination is to be taken by the 
Apprentice Pilot. The written examination is the final step before 
being considered for Full Registration. After all the requirements of 
the regulations and the individual training plan have been met, and the 
association is comfortable with the Apprentice Pilot's progress, the 
association would send a request to the Director for the administration 
of the written exam. The Director would then arrange for the Apprentice 
Pilot to take the written exam at the nearest Regional Exam Center or 
respective pilot association office. The proposed changes to paragraph 
(b)(3) would indicate that the Apprentice Pilot is eligible to take the 
exam after they complete their minimum number of round trips and 
complete their approved course of instruction prescribed by the 
association.
    In paragraph (c), this proposed rule would provide that the pilot 
association's recommendation for registering the Apprentice Pilot can 
include reasons for or against their registration. Currently, the text 
only requires the association include reasons for the registration. We 
wish to clarify that the association should include any reasons, for or 
against registration, that are relevant to the Director's decision.
    The Coast Guard proposes to clarify in paragraph (d) that a 
Certificate of Registration may be issued to an Apprentice Pilot who 
has completed all the requirements and has been found qualified.
    Last, in Sec.  401.220, this proposed rule would delete paragraph 
(e). This paragraph authorizes the Director to issue a temporary 
Certificate of Registration for a period of less than 1 year to 
qualified persons regardless of age. We propose deleting this because 
Temporary Registration is redefined and prescribed in new proposed 
Sec.  401.222, discussed next.

D. Administration of Great Lakes Pilots

    The Coast Guard is proposing to update various sections in parts 
401 and 402 that govern the administration of Great Lakes pilots. The 
proposed changes included in this section will modernize the mechanisms 
and practices used by the Coast Guard to register, monitor, and ensure 
the compliance of Great Lakes pilots. Following is a section-by-section 
description of the proposed changes to each section.
Sec.  401.222 Temporary Registered Pilots on the Great Lakes
    In conjunction with the new proposed definition for ``Temporary 
Registered Pilot,'' the Coast Guard proposes a new Sec.  401.222 
regarding the requirements and issuance of a Temporary Registration. 
The mandatory retirement age for United States Registered Pilots is 70 
years old. However, if a pilot maintains their MMC and meets the 
medical requirements, they could, with the Director's approval, receive 
a Temporary Pilot Identification Card to continue providing services 
where the association requests their pilotage services and where there 
is a need for the pilot. Alternatively, if a United States Registered 
Pilot has previously retired and is requested by the association to 
again provide pilotage services, the Director could consider issuing a 
Temporary Registration for them as well.
    A mariner seeking Temporary Registration under this section would 
be required to meet all the requirements of a United States Registered 
Pilot in Sec.  401.210, except the age requirement. This Temporary 
Registration would be for pilots who have reached the age of 70 or who 
have retired, but who desire to provide pilotage services. The 
Temporary Registration would be valid for a period of time defined by 
the Director but would not exceed 1 year from the date of issuance. 
Current regulations in Sec.  401.222(e) for Temporary Registration have 
the same 1-year validity period. Given the risks associated with 
piloting large vessels through the Great Lakes and rivers, an annual 
renewal requirement would continue to promote the safety goals on the 
Great Lakes while allowing flexibility to mariners who wish to continue 
to provide pilotage services after retirement or age 70.
Sec.  401.230 Certificates of Registration
    In Sec.  401.230(a), when describing the waters where the 
Certificate of Registration authorizes the pilot to perform pilotage 
services, the Coast Guard proposes to use ``areas and routes'' in place 
of ``part or parts.'' Using ``areas and routes'' better aligns with 
language used throughout the pilotage regulations.
    In paragraph (c), the Coast Guard proposes to clarify that a 
Certificate of Registration may not be digitally reproduced or be used 
to make a facsimile, in addition to the current prohibitions against 
copying or Photostat. The original Certificate of Registration, issued 
by the Director, is the only document allowed to be carried by a U.S. 
Registered Pilot. These proposed changes would further clarify that no 
copies, printed or electronic, are allowed.
    The Coast Guard proposes to require that requests for replacement 
of Certificates of Registration must be made on Form CG-4509, instead 
of simply in writing, as the Coast Guard requires all the information 
on the form be updated to issue a new Certificate of Registration. The 
Coast Guard also proposes in paragraph (d) to clarify the style of 
signed photographs needed to generate a replacement for a Certificate 
of Registration that has been lost, damaged, or defaced. Because the 
signature on the photo is needed to authenticate the certificate, the 
signature would need to be as close to the head as possible, so that 
the signature remains visible when the photo is trimmed to fit the 
certificate during creation.
Sec.  401.240 Renewal of Certificates of Registration
    The Coast Guard proposes to clarify in Sec.  401.240(a) that an 
applicant for a renewal of Certificate of Registration must submit the 
Application for Registration as a United States Registered Pilot, Form 
CG-4905.
    The Coast Guard proposes to clarify the style of photographs needed 
to generate a Certificate of Registration for renewal. Specifically, we 
propose stating that the signature on the photograph needs to be as 
close to the head as possible, so that the signature remains visible 
when the photo is trimmed to fit the certificate during creation.

[[Page 81303]]

Sec.  401.260 Reports
    In paragraph (a), the Coast Guard proposes to clarify that, when a 
marine accident occurs while a United States Registered Pilot, 
Apprentice Pilot, Apprentice Pilot with Limited Registration, or 
Temporary Registered Pilot is providing pilotage services, they must 
report the accident to the Director in writing. We propose adding the 
results of the pilot's post-casualty drug and alcohol test, if 
required, to the report's mandatory contents. The existing requirements 
would be put into a list format to better clarify what the pilot must 
include in the report.
    We propose redesignating as new paragraph (b) the existing 
requirement from paragraph (a) that the report to the Director does not 
relieve the pilot or others of responsibility for submitting any report 
required by other government agencies of the United States or Canada. 
We also propose clarifying in new paragraph (b) that this reporting 
requirement does not affect any other reporting requirements in Coast 
Guard regulations.
    We propose to remove the requirement in 46 CFR 401.260(c) for the 
pilotage pool to submit a monthly availability report to the Director. 
As per 46 U.S.C. 9303(a)(3), ``the applicant will be available for 
service when required.'' In 46 CFR 401.210(a)(6), pilots must agree to 
be available for service. The Coast Guard sees no use for this monthly 
availability report requirement because the associations notify the 
Director when a pilot is not available to provide pilotage services. In 
practice, the Director has not been requiring this monthly report. 
Accordingly, we propose to remove the requirement from the regulations.
Sec.  401.420 Cancellation, Delay, or Interruption in Provision of 
Services
    In paragraph (a)(3) of this section, the Coast Guard proposes to 
remove the words ``or movage'' and replace them with ``or transit,'' 
because the ratemaking methodology does not account for this movage 
action. ``Transit'' aligns better with the terminology used in part 
400.
    In paragraph (c), the Coast Guard proposes revisions to the 
existing provisions specifying that, when pilotage delay is due to ice 
or weather, the vessel is not responsible for the additional charges 
invoiced by the association. The regulations currently only state that 
the vessel is not liable for charges under this part. We propose adding 
language to explicitly extend this exemption to vessel owners to more 
clearly establish the lack of liability for charges under this section.
    We would also clarify that the decision to interrupt the voyage or 
detain the pilot as a result of ice or weather must be jointly 
determined by the vessel master and the United States Registered Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registered 
Pilot authorized to provide pilotage services to the vessel. This 
interruption of the voyage or the detention of the pilot would be in 
consideration of marine safety. Requiring them to reach this decision 
in agreement is an equitable solution to resolve when the vessel or 
owner is not liable for the pilotage charges. When possible, they 
should make the determination to interrupt, detain, or delay the vessel 
due to ice or weather prior to the pilot departing for the vessel. This 
additional guidance on when the determination should be communicated to 
the pilot would promote efficiency in the process of calling a pilot to 
a vessel.
    We also propose removing interruption or detention due to traffic 
as a justification for this exemption for delayed pilotage charges. 
Vessel traffic is a normal occurrence on the waterways that can be 
expected during the normal course of business. On the other hand, 
weather and ice delays are made in response to maritime safety, and 
vessels should not be penalized for delays made in the interest of 
safety. These exemptions are intended to relieve vessels for charges 
brought on by forces outside of their control. While vessel traffic 
used to be difficult to predict, the availability of the Vessel Traffic 
System and Automated Information System data means that vessels are 
able to predict traffic. Therefore, the Coast Guard is removing this 
exemption and making vessels responsible for accurately predicting 
vessel traffic.
Sec.  401.425 Provision for Additional Pilot
    The Coast Guard proposes to remove the text, ``Great Lakes Pilotage 
Staff, U.S. Coast Guard, or the General Manager, Great Lakes Pilotage 
Authority, Ltd., Canada'' and all references to Canada and other U.S. 
Coast Guard staff in this section to clarify who makes the decision as 
to when an additional U.S. Registered Pilot is required. We would 
clarify in the text that the Director makes this double pilotage 
determination, when necessary, for the safe navigation of the vessel.
    We also propose removing the statement that the provisions for an 
additional pilot do not apply to a ship that is not required to have a 
pilot on board in undesignated waters of Lake Erie between Southeast 
Shoal and Port Colborne, because a pilot is always required in these 
waters. As this exemption is obsolete and no longer applies, we propose 
deleting it from the regulations.
    Additional pilot determinations are currently made on a case-by-
case evaluation and are usually authorized for the opening and closing 
of the shipping season. We propose noting in the regulations that this 
is a case-by-case evaluation and include the potential reasons for the 
need for additional pilots. The association or vessel representative 
could request an additional pilot on the vessel for a specific time, 
particular port or area, or situation. For example, an association or 
vessel could need an additional pilot due to seasonal removal of aids 
to navigation, ice conditions, weather forecasts, or other relevant 
situations.
Sec.  401.431 Disputed Charges
    The Coast Guard proposes to update this section to simplify and 
streamline the billing dispute process. This would make it easier to 
understand Coast Guard requirements and how the vessel, owner, or 
master should provide the required data, such as via a written letter 
from an authorized officer of a company. We would also define the 
response time periods for the Coast Guard, the vessel owner or agent, 
and the pilot association, to both shorten the process and hold all 
involved stakeholders to regulatory timelines, per GLPAC recommendation 
2 from the GLPAC 2018 Annual Meeting on September 10, 2018.\10\
---------------------------------------------------------------------------

    \10\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket.
---------------------------------------------------------------------------

    Under revised paragraph (a), a vessel master, owner, or agent who 
disputes the rate or charge for a pilot would be required to appeal to 
the Director within 60 days of the date the pilot association issues 
the bill. We propose clarifying that the pilot association may also 
apply the charge to the vessel owner, master, or agent thereof, because 
it is not always the pilot who applies the charge. The appeal would 
continue to be for the Director to issue an advisory opinion as to 
whether the disputed rate or charge is a prohibited charge or 
incorrectly assessed/calculated charge.
    In proposed revisions to paragraph (b), the vessel owner, Master, 
an agent, or an employee empowered to speak on behalf of the owner or 
an agent would deliver the appeal to the Director in the form of 
official correspondence. The

[[Page 81304]]

rule would require the appeal correspondence to describe the pilotage 
services, exact disputed charges, regulatory citation for the dispute, 
and requested resolution.
    The proposed rule would also require the owner or agent to provide 
the pilot association with a copy of the appeal and inform them that 
the disputed charges have been sent to the Director for an advisory 
opinion.
    The association would continue to have up to 20 days to provide the 
Director and the entity that provided the complaint with any further 
data or arguments in defense of the disputed charges. We propose 
clarifying that they have 20 business days, starting upon receipt of 
the notice of appeal from the charterer or owner. We also propose 
removing ``rates'' from the subject of a dispute because the pilots and 
associations do not create or set the rates; the Coast Guard sets the 
rates through an annual rulemaking.
    In paragraph (e), we propose adding a timeline of up to 30 business 
days for the Director to issue an advisory opinion. We propose removing 
the express recital that the Director considered all relevant material. 
Per current paragraph (e), the advisory opinion must address the 
disputed rates and charges, discuss the facts and information provided 
by both parties, and include a statement of opinion, so a recital that 
the Director considered the material is unnecessary.
    If the Director's advisory opinion finds the disputed rates or 
charges are prohibited, the association currently has a reasonable 
time, but not more than 30 days, to return the amount of disputed 
charges as per the advisory opinion. We propose revising the deadline 
to simply say the association must issue any refund according to the 
advisory opinion within 30 business days.
    If the pilot association or the vessel owner feels the advisory 
opinion is incorrect, under proposed new paragraph (h), they would be 
able to appeal the advisory opinion to the Director of Marine 
Transportation Systems (CG-5PW). The pilot association would be able to 
submit an appeal for adjudication of the advisory opinion within 10 
days of receiving the original advisory opinion.
Sec.  401.450 Pilot Change Points
    In paragraph (b) of this section, the Coast Guard proposes to 
remove the effective date for the addition of change point Iroquois 
Lock. The change point went into effect on October 2, 2017, to provide 
enough time for the association to hire more pilots. Since the 
effective date has passed and the change point is currently in use, we 
propose removing the start of the effective date, per GLPAC 
recommendation 1 from the GLPAC 2017 Annual Meeting on September 26, 
2017.\11\ In paragraph (b), we also propose to update the location of 
the change point for the Iroquois Lock. The change no longer happens 
between Iroquois Lock and the area of Ogdensburg, NY on the St. 
Lawrence River; the pilot exchange now takes place in the Iroquois 
Lock.
---------------------------------------------------------------------------

    \11\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket.
---------------------------------------------------------------------------

    In paragraph (i), the Coast Guard proposes to update change point 
``Gros Cap'' to ``Buoy 33'' of the St. Marys River, Point Iroquois. The 
GLPAC created a subcommittee to discuss all the pilot change points in 
the St. Lawrence Seaway and Great Lakes system. They found that Gros 
Cap was too far out of the St. Marys River, and weather conditions 
created unsafe conditions for the pilot boat to transfer pilots. Buoy 
33 of the St. Marys River is a better harbor to transfer pilots, as it 
is safer for the pilots as they transit up and down the ladders of the 
vessels. This proposed change is from GLPAC recommendation 1 from the 
GLPAC 2017 Annual Meeting on September 26, 2017, and conforms to 
current practice.\12\
---------------------------------------------------------------------------

    \12\ Ibid.
---------------------------------------------------------------------------

Sec.  401.510 Operation Without Registered Pilots
    The Coast Guard proposes to remove outdated regulations in 
paragraphs (b)(3) through (7) of this section that were codified when 
both the Department of Commerce and the Coast Guard had regulatory 
authority over U.S. pilotage services. From 1960 to 1967, primary 
responsibility for Great Lakes pilotage resided with the Department of 
Commerce. As the Coast Guard is now the sole Federal agency responsible 
for enforcing the Great Lakes Pilotage Act, these regulations are 
unnecessary or cumbersome. And, because all the regulatory authority is 
now under the Coast Guard, we can coordinate more effectively and 
efficiently with Coast Guard District 9 than was possible when the 
authority was split between the Coast Guard and the Department of 
Commerce.
    The regulations in Sec.  401.510 addressing operation without 
registered pilots would be significantly streamlined to reflect the 
current operation requirements. For example, if a pilot is not 
available when needed, the Director's pilotage office can coordinate 
with Coast Guard District 9 much more effectively, because everything 
is under one agency. The 6-hour rule in current paragraphs (b)(3) and 
(4) has not been used since around the late-1980s or early-1990s. The 
6-hour period was intended as a buffer to allow the Coast Guard time to 
evaluate a situation before concurring with the Department of 
Commerce's desire to pull a pilot off their rest period. The Coast 
Guard monitors traffic throughout the 2,300 nautical miles in the Great 
Lakes system for compulsory pilotage and is now able to make these 
decisions in real time.
    We propose deleting paragraph (b)(5) because the language is 
obsolete and outlines practices that are no longer relevant to the 
modern pilotage industry. The decision as to whether a vessel can 
proceed without a pilot rests solely with the Director. It does not 
require the concurrence of the Coast Guard officer to whom the 
violation was reported. Removing this paragraph from the CFR will 
prevent confusion by removing instructions that are contrary to the 
practices being followed by modern-day pilots.
    We also propose deleting paragraph (b)(6), which requires a 
pilotage pool to obtain verification from the Canadian Supervisor of 
Pilots that they do not have a pilot available, for the same reasons.
    The parts we propose to retain in existing paragraphs (b)(1), (2), 
and (8) outline the Director's authority to allow a vessel to depart 
without a registered pilot and sufficiently articulate that the 
Director will make each decision on a case-by-case basis. The Director 
would continue to obtain Coast Guard District 9 concurrence before 
providing this information to the vessel.
Sec.  401.710 Operating Requirements for Holders of Certificates of 
Authorization
    We propose updating the reference in this section to the Memorandum 
of Understanding (MOU) to reflect the most current issue of this 
Memorandum issued in conjunction with the Canadian Government. The 
updated version is the ``Memorandum of Understanding, Great Lakes 
Pilotage, Between The United States Coast Guard and the Minister of 
Transport of Canada,'' effective September 19, 2013, and can be found 
at www.dco.uscg.mil/Portals/9/DCO%20Documents/Office%20of%20Waterways%20and%20Ocean%20Policy/CG-WWM-2/2013%20MOU%20English.PDF?ver=2019-11-19-120352-133. The previous 
version mentioned in this section was issued in 1970 and is no longer 
current.

[[Page 81305]]

Sec.  402.210 Requirements and Qualifications for Registration (Medical 
Requirements)
    The Coast Guard proposes to revise the language in this section to 
align the medical and vision requirements for Apprentice Pilots, United 
States Registered Pilots, and Temporary Registered Pilots with the 
existing MMC medical certification standards. There is no reason to 
duplicate the medical requirements in the pilot regulations that 
already exist in 46 CFR part 10 subpart C. Aligning these regulations 
would reduce the time and burden on pilots having to comply with 
regulations in two separate parts of the CFR, per GLPAC recommendation 
7 from a subcommittee meeting on April 11, 2018.\13\ We propose 
revising the requirements in this section to say that United States 
Pilots, Apprentice Pilots, and Temporary Registered Pilots must pass 
the physical examination in accordance with 46 CFR, part 10 subpart C, 
and removing the requirements from paragraphs (b) regarding disease and 
impairment and from paragraph (c) regarding vision. 46 CFR part 10 
subpart C sufficiently covers these medical requirements for pilots. 
Pilots would still be required to meet the annual physical examination 
requirements in 46 CFR 11.709.
---------------------------------------------------------------------------

    \13\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket.
---------------------------------------------------------------------------

    Table 1: Medical Regulations Comparison compares the newly proposed 
medical requirements under the two medical regulations addressing Great 
Lakes pilots and the medical requirements for mariners with a First 
Class Pilot endorsement on their MMC.

                 Table 1--Medical Regulations Comparison
------------------------------------------------------------------------
                                    Mariners'
                               requirements/first
Pilotage requirements 46 CFR       class pilot            Comments
           402.210             endorsement 46 CFR
                                     10.302
------------------------------------------------------------------------
Use Form CG-719K............  Use Form CG-719K....  Both pilots and
                                                     mariners use the
                                                     same form for the
                                                     physical
                                                     examination. This
                                                     form is approved
                                                     under OMB No. 1625-
                                                     0040. No changes to
                                                     the form would be
                                                     required.
Examination performed by a    Examination           Great Lakes pilotage
 medical doctor.               performed,            regulations allow
                               witnessed, or         only a medical
                               reviewed by a         doctor to perform
                               licensed medical      their physical
                               doctor, licensed      examination. This
                               physician             limits the number
                               assistant, licensed   of practitioners
                               nurse practitioner,   eligible to perform
                               or a designated       the examinations.
                               medical examiner.     Many pilots on the
                                                     Great Lakes live in
                                                     remote areas where
                                                     it is difficult to
                                                     see a medical
                                                     doctor and must
                                                     travel to be seen
                                                     by a medical
                                                     doctor, which
                                                     increases the cost
                                                     of getting an exam.
46 CFR 402.210(c) An          46 CFR Sec.   10.305  The vision
 applicant for original        Vision requirements   requirements for
 registration must have a      (a) Deck standard.    pilots on the Great
 visual acuity either with     (1) A mariner must    Lakes are more
 or without glasses of at      have correctable      restrictive than
 least 20/20 vision in one     vision to at least    those for mariners
 eye and at least 20/40 in     20/40 in one eye      holding an MMC.
 the other. An applicant who   and uncorrected       Aligning these
 wears glasses or contact      vision of at least    vision requirements
 lenses must also pass a       20/200 in the same    would meet the
 test without glasses or       eye. The color        minimum
 lens of at least 20/40 in     sense must be         requirements for
 one eye and at least 20/70    determined to be      pilotage.
 in the other. Registered      satisfactory when
 Pilots, however, must have    tested by any of
 either with or without        the following
 glasses or lens visual        methods or an
 acuity of at least 20/30 in   alternative test
 one eye and at least 20/50    acceptable to the
 in the other. A Registered    Coast Guard,
 Pilot who wears glasses or    without the use of
 lens must also pass a test    color-sensing
 without glasses or lens of    lenses:.
 at least 20/50 in one eye    (i)
 and at least 20/100 in the    Pseudoisochromatic
 other. The color sense of     Plates (Dvorine,
 original applicants and       2nd Edition;
 Registered Pilots must be     Approved Color
 tested by a                   Vision Test (AOC);
 pseudoisochromatic plate      revised edition or
 test. Passage of the          Hardy Rand and
 Williams lantern test or      Rittler (AOC-HRR);
 its equivalent is an          Ishihara 14-, 24-,
 acceptable substitute for a   or 38-plate
 pseudoisochromatic plate      editions).
 test.                        (ii) Farnsworth
                               Lantern..
                              (iii) Titmus Vision
                               Tester/OPTEC 2000..
                              (iv) Optec 900......
                              (v) Richmond Test,
                               2nd and 4th
                               edition..
------------------------------------------------------------------------

Sec.  402.220 Registration of Pilots
    In this section, we propose updating the terminology for 
``Apprentice Pilot'' and ``minimum number of round trips'' to reflect 
changes made throughout part 401. In paragraph (a), we would clarify 
that the pilot association training committee, pilot association 
president, or Director may require additional round trips. The 
additional rounds trips would be as needed to demonstrate proficiency 
in a specific waterway or port to ensure maritime safety. We also 
propose removing the 1-year time limit to complete the round trips 
because of limited vessel traffic in some districts and ports, meaning 
that some Apprentice Pilots are not able to complete the required 
number of training trips within one year. We also propose including a 
caveat that the minimum number of round trips listed in the regulations 
or in an Apprentice Pilot's individual training plan does not guarantee 
advancement to Full Registration. This way, the pilot association and 
the Director would be able to reserve the discretion to require 
additional round trips when necessary.
    The Coast Guard proposes to remove foreign language requirements 
from Sec.  402.220(b)(5) and knowledge of foreign-made navigational 
equipment from Sec.  402.220(b)(10). The pilotage regulations in 
paragraph (b)(5) require United States Registered Pilots to be able to 
provide ``[instructions] in basic helm and engine telegraph orders in 
Greek, Spanish, German, and Italian languages.'' These outdated foreign 
language requirements and instructions are no longer necessary or 
enforced because they have been superseded by international treaty 
requirements. Under Chapter 5, Regulation 14, paragraph 4 of the 
International Convention for the Safety of Life at Sea (SOLAS), all 
ships are required to use English as the working language for bridge-
to-bridge and bridge-to-shore safety communications, as well as for 
communications between the pilot and the bridge watchkeeping personnel. 
This change is in accordance with GLPAC recommendations 2 and 3 from 
the subcommittee meeting on April 11, 2018.\14\
---------------------------------------------------------------------------

    \14\ See Meeting Minutes from the March 6, 2018, meeting of the 
GLPAC Regulatory Reform Sub-Committee, which can be found in the 
docket.

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

[[Page 81306]]

    In addition, we propose updating the reference to the 1977 version 
of the MOU referenced in this section to reflect the most current issue 
of this Memorandum. The updated version is the ``Memorandum of 
Understanding, Great Lakes Pilotage, Between The United States Coast 
Guard and the Minister of Transport of Canada,'' effective September 
19, 2013. The MOU can be found online at https://www.dco.uscg.mil/Portals/9/DCO%20Documents/Office%20of%20Waterways%20and%20Ocean%20Policy/CG-WWM-2/2013%20MOU%20English.PDF?ver=2019-11-19-120352-133.
Sec.  402.320 Working Rules
    The Coast Guard proposes to remove the working rule references in 
paragraphs (a)(1) through (4), and instead provide an email address 
where the public may request a copy of the approved working rules for 
each District. Each association updates its working rules frequently. 
It is impractical for the Coast Guard to issue regulations to update 
this section every time an association issues new working rules. To 
receive accurate information, the public can request the most current 
copy of the working rules by emailing the Coast Guard.

E. Technical Revisions Throughout Parts 401 and 402

    Throughout parts 401 and 402, this proposed rule would change most 
instances of ``shall'' to ``must'' to conform to plain language 
guidelines. We propose changing instances where the regulations require 
the Director or the Coast Guard to act from ``shall'' to ``will'' to 
clearly indicate how the Coast Guard will respond. However, we propose 
changing instances where the Director or the Coast Guard needs to 
reserve discretion in issuing certain endorsements or decisions from 
``shall'' to ``may.''
    We also propose changing uses of ``registered pilot'' within the 
text of the regulations to specify exactly which phases of pilot 
registration are meant and to align these references with defined 
terms. We propose updating all references to ``pool'' to ``pilotage 
pool'' to conform to the new definition for pilotage pool.
    Additionally, in several sections, we propose updating the mailing 
addresses in the regulations for the Great Lakes Pilotage Office to our 
current address: 2703 Martin Luther King Jr. Ave. SE, Mail Stop 7509, 
Washington, DC 20593-7509.
    In certain places in the regulations, we propose to replace 
``Commandant'' with ``Director'' for decisions that are made, in 
practice, by the Director. This change would help clarify the 
procedures and expectations for the public. For example, we propose 
making this change in Sec.  401.220(b), because the Director prescribes 
the minimum number of round trips and written examination for Full 
Registration. These changes would reflect current practice.
    Another nomenclature change proposed throughout part 401 and 402 is 
changing instances of ``his'' to ``they'' or ``their'' to be gender 
inclusive.
    We propose several technical revisions and nomenclature changes in 
the Administrative Law Judge decision sections in 46 CFR part 401, 
subpart F, including sections 401.645 and 401.650. There are no 
proposed substantive changes in subpart F.
    This proposed rule also removes outdated references to Title 52 of 
the Revised Statutes and replaces them with the current statutory 
requirements for Great Lakes pilotage, Title 46 of the United States 
Code. Public Law 98-99, 97 Stat. 558 consolidated these statutory 
requirements into 46 U.S.C. on August 26, 1983.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. A summary of our analyses 
based on these statutes or Executive orders follows.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory 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 costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866, as amended by Executive Order 14094. OMB has not 
reviewed this regulatory action. A regulatory analysis (RA) follows.
Affected Population
    The affected population for this proposed rule includes an average 
of 51 U.S. Great Lakes pilots, 9 Apprentice Pilots, and 3 Temporary 
Registered Pilots over the last five years (2018-2022) all represented 
by 3 pilot associations. Table 2 shows the population from 2018 to 
2023, using projections provided by the pilotage associations published 
in the annual ratemaking for each year. Some of the changes detailed 
below impact a subset of this population, in which case we later detail 
the average of that subset along with the cost estimate. Unless 
otherwise noted, the change impacts the entire affected population 
equally.

                                     Table 2--Affected Population 2018-2023
----------------------------------------------------------------------------------------------------------------
                                                                     Temporary
                                                      Pilots        registered      Apprentice         Total
                                                                      pilots          pilots
----------------------------------------------------------------------------------------------------------------
2023............................................              56               3               6              65
2022............................................              51               2               9              62
2021............................................              54               3               8              65
2020............................................              52               3              13              68
2019............................................              51               3               8              62
2018............................................              49               3               7              59
Average (2018-2022).............................            51.4             2.8               9            63.2
----------------------------------------------------------------------------------------------------------------
* Note: Data provided above for each year (inclusive of Year 2023) are projections based on pilot association
  estimates. We have chosen to draw the average from the previous 5 years (2018-2022). Projected figures for
  2023 are provided for transparency's sake.


[[Page 81307]]

Costs
    Most of the cost impacts for this proposed rule have already been 
realized by industry. As a result of the 2018 ratemaking final rule, a 
new staffing model was established, and updates to the GLPMS data 
management system occurred. 2018 also saw the Director provide industry 
and associations informal guidance on many of the cost provisions found 
in this rulemaking. This informal guidance directly impacted current 
industry practices referenced in this proposed rulemaking.
    Therefore, to provide a comprehensive estimate of the impacts of 
this proposed rulemaking, the Coast Guard utilizes two baselines, a 
``Pre-Guidance'' baseline'' and a ``No Action'' baseline. The ``Pre-
Guidance'' baseline captures costs across two different time horizons. 
First, it provides transparency regarding costs realized from 2018-2022 
due to informal guidance becoming industry practice. Second, it 
captures new cost impacts across a 10-year period of analysis from 
2023-2032 that stem from this proposed rulemaking. Therefore, the 
entire period of analysis for the Pre-Guidance baseline is 2018-2032. 
The ``No Action'' baseline represents the current state of the world as 
if there were no proposed rulemaking. Quantifying costs against the No 
Action baseline entails including only costs directly attributable to 
this rule and excludes any costs derived from 2018 guidance. The period 
of analysis for costs relative to the No Action baseline is 2023-2032. 
See table 3 for a visual depiction of the baselines.
[GRAPHIC] [TIFF OMITTED] TP21NO23.007

    Table 4 shows the summary of net costs, broken down by each of the 
two baselines. The figures shown for each baseline are in 2022 dollars 
and are discounted at 7-percent.

                Table 4--Summary of Net Costs by Baseline
                             [2022 Dollars]
------------------------------------------------------------------------
                                     Pre-Guidance
                                    Baseline (2018-   No action baseline
                                  2032; discounted 7-     (2023-2032;
                                       percent)          discounted 7-
                                                           percent)
------------------------------------------------------------------------
Net Private Costs to Industry...  Net Costs to        Net Costs to
                                   Industry:           Industry:
                                   ($720,755.13).      ($834,809.05).
                                  Annualized Net      Annualized Net
                                   Costs to            Costs to
                                   Industry:           Industry:
                                   ($56,422.19).       ($118,858.03).
Net Costs to Government.........  Net Costs to        Net Costs to
                                   Government:         Government:
                                   $12,540.65.         $0.00.
                                  Annualized Net      Annualized Net
                                   Costs to            Costs to
                                   Government:         Government:
                                   $981.71.            $0.00.
                                 ---------------------------------------
    Total Net Costs.............  Total Net Costs:    Total Net Costs:
                                   ($708,214.47).      ($834,809.05).
                                  Annualized Net      Annualized Net
                                   Costs:              Costs:
                                   ($55,440.48).       ($118.858.03).
------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.


[[Page 81308]]

    The no-cost category, summarized in table 5, includes changes that 
have no cost because the change is administrative, where the regulatory 
text needs revision for clarity to reflect reorganization of the text. 
It also includes proposed changes that result in no costs for either 
baseline, where the substantive action occurred prior to 2018 (through 
either existing regulatory text or long-standing guidance). For many of 
the cost items, the affected population already realizes the impact of 
the changes from prior ratemakings and general changes to industry's 
current practice. Certain items in table 5 solely represent information 
collection costs, rather than new regulatory costs. Note that 
information collection costs include any cost of ongoing reporting or 
recordkeeping that must be submitted to the Coast Guard.

                                       Table 5--Summary of No-Cost Changes
----------------------------------------------------------------------------------------------------------------
            CFR section                Description of change      Reason for no cost             Benefits
----------------------------------------------------------------------------------------------------------------
Purpose: Sec.   401.100............  Adds the word             This would be an          Further clarifies the
                                      ``pilotage'' to clarify   administrative change;    purpose of the section
                                      the part relates to the   pilotage is an older      and reduces confusion.
                                      creation of ``pilotage    term from the 60's
                                      pools''.                  whereas pilotage pools
                                                                is more commonly used
                                                                today but both refer to
                                                                the same thing.
Purpose: Sec.   401.100............  Adds text to clarify      This would be an          Further clarifies the
                                      that ``Registered         administrative change     purpose of the section
                                      Pilots'' refers to        that makes explicit       and reduces confusion.
                                      ``United States           that the regulation
                                      Registered Pilots''.      does not include
                                                                Canadian pilots, which
                                                                is implicit based on
                                                                the contextual language.
Definitions: Sec.   401.110........  Removes numbering of      This would be an          Eases finding
                                      definitions and           administrative change.    definitions,
                                      arrangement in                                      increasing readability
                                      alphabetical letter.                                and clarity.
Definitions: Sec.   401.110........  Adds the definition for   This would be an          Further clarifies the
                                      ``Applicant'' to          administrative change     differences between an
                                      clarify that an           that distinguishes an     ``Applicant,''
                                      ``Applicant'' is a        applicant that is         ``Applicant Trainee,''
                                      person who has            awaiting an acceptance    and ``Apprentice
                                      submitted a Form CG-      decision from an          Pilot,'' Which were
                                      4509 to the Director to   applicant trainee that    previously not
                                      be considered for         has been accepted into    distinguished but all
                                      placement in an           training.                 referred to
                                      approved U.S. Great                                 synonymously as
                                      Lakes pilot training                                ``applicant''.
                                      and qualification
                                      program at one of the
                                      established pilotage
                                      pools.
Definitions: Sec.   401.110........  Modifies the definition   This would distinguish    Further clarifies the
                                      of ``Applicant            an applicant trainee      differences between an
                                      Trainee'' to clarify      that been accepted into   ``Applicant,''
                                      that an Applicant         training from an          ``Applicant Trainee,''
                                      Trainee is a person who   applicant that is         and ``Apprentice
                                      is approved and           awaiting an acceptance    Pilot.'' Which were
                                      certified by the          decision.                 previously not
                                      Director who is                                     distinguished but all
                                      participating in an                                 referred to
                                      approved U.S. Great                                 synonymously as
                                      Lakes pilot training                                ``applicant''.
                                      and qualification
                                      program but does not
                                      qualify as an
                                      Apprentice Pilot.
Definitions: Sec.   401.110........  Removes the last          The base definition of    Clarifies how this
                                      sentence from the         Apprentice Pilot would    definition would be
                                      definition of             be unchanged.             used in conjunction
                                      Apprentice Pilot,                                   with the new
                                      ``This definition is                                definitions of
                                      only applicable to                                  Applicant and
                                      determining which                                   Applicant Trainee,
                                      pilots may be included                              which were not used
                                      in the operating                                    when the term
                                      expenses, estimates,                                Applicant Pilot was
                                      and wage benchmark in                               first introduced.
                                      Sec.  Sec.
                                      404.2(b)(7),
                                      404.103(b), and
                                      404.104(d) and (e)''.
Definitions: Sec.   401.110........  Modifies the definition   This would be an          Adds additional clarity
                                      of ``association'' to     administrative change     to the source of the
                                      clarify that the          that does not change      Director's authority
                                      Director of Great Lakes   the method of             and reduces confusion
                                      Pilotage issues a         authorization but         on what actions are
                                      Certificate of            clarifies the source of   the responsibility of
                                      Authorization, not the    authority.                the Coast Guard and
                                      Great Lakes Pilotage                                what is the
                                      Branch.                                             responsibility of the
                                                                                          Director.
Definitions: Sec.   401.110........  Updates the abbreviation  This would be an          Adds additional clarity
                                      of ``Commandant'' from    administrative change.    and reduces confusion.
                                      CG-00 to CCG.
Definitions: Sec.   401.110........  Adds a definition for     This would be an          Adds additional clarity
                                      ``chemical test''.        administrative change.    and reduces confusion.
                                                                The new definition is
                                                                the same as the
                                                                existing definition in
                                                                46 CFR 4.03-7.
Definitions: Sec.   401.110........  Updates the address for   This would be an          Adds additional clarity
                                      the Director from         administrative change.    and reduces confusion.
                                      ``Commandant (CG-WWM-
                                      2), to Attn:'' to
                                      ``Director''.
Definitions: Sec.   401.110........  Updates the definition    This would be an          It has the
                                      for ``comparable          administrative change.    unquantifiable benefit
                                      experience''.             It clarifies that         of expanding the
                                                                experience similar to     number of potential
                                                                experience on a vessel    applicants using
                                                                of 4,000 GT or over can   experience from other
                                                                be used to qualify as     areas of the US to
                                                                an applicant.             qualify as an
                                                                                          applicant. To date,
                                                                                          this has not occurred.
Definitions: Sec.   401.110........  Adds the definition of    This would be an          Further clarifies the
                                      ``Full Registration''     administrative change     difference between
                                      for additional clarity.   that does not change      Full, Limited, and
                                                                the requirements to       Temporary
                                                                achieve full              Registrations.
                                                                registration but
                                                                distinguishes the
                                                                different types of
                                                                registration.
Definitions: Sec.   401.110........  Creates a definition for  This would be an          Further clarifies the
                                      ``Limited                 administrative change     difference between
                                      Registration''.           that distinguishes from   Full, Limited, and
                                                                a temporary               Temporary
                                                                registration where        Registrations.
                                                                previously
                                                                ``temporary'' referred
                                                                to multiple types of
                                                                registration. This does
                                                                not change the current
                                                                requirements for
                                                                receiving any of the
                                                                types of registration.
Definitions: Sec.   401.110........  Creates a definition for  This would be an          Further clarifies 46
                                      ``marine accident''.      administrative change     CFR 401.260(a),
                                                                that distinguishes        incident reporting
                                                                between reportable        requirements for
                                                                marine casualties that    pilots on the Great
                                                                are sent to the Coast     Lakes. The requirement
                                                                Guard under 46 CFR Part   to notify the Director
                                                                4, and accident reports   is not new, but
                                                                of those casualties       differentiating the
                                                                that are sent to the      kinds of reports makes
                                                                Director in the event     it clearer to whom the
                                                                that the casualty would   notice must be given.
                                                                affect pilotage.

[[Page 81309]]

 
Definitions: Sec.   401.110........  Creates a definition for  This would not change     Further clarifies round-
                                      ``minimum number of       the existing minimum      trip requirements for
                                      round trips''.            requirements which are    Apprentice Pilots to
                                                                detailed in 401.220(b).   be in line with added
                                                                This addition clarifies   distinctions between
                                                                that the number of        apprentice pilots and
                                                                trips applies to trips    applicant trainees.
                                                                conducted by an
                                                                Apprentice, not by an
                                                                applicant trainee.
Definitions: Sec.   401.110........  Renames the term          This would be an          Further clarifies that
                                      ``pool'' to ``pilotage    administrative change     pilotage pools are
                                      pool'' and adds           that better aligns with   organizations holding
                                      additional text to the    current authorization     a Certificate of
                                      definition.               language.                 Authorization issued
                                                                                          by the Director, which
                                                                                          are the three existing
                                                                                          pilotage associations
                                                                                          for each of the three
                                                                                          districts.
Definitions: Sec.   401.110........  Adds additional text to   This would be an          Further clarifies how
                                      the term ``rate           administrative change.    the weighting factors
                                      computation                                         are calculated.
                                      definitions'' to
                                      clarify that these
                                      definitions are used to
                                      determine the weighting
                                      factors in the rate.
Definitions: Sec.   401.110........  Adds definition for       This would be an          Further clarifies what
                                      ``round trip''.           administrative change.    is considered a round
                                                                                          trip.
Definitions: Sec.   401.110........  Adds definition for       This would be an          Further clarifies the
                                      ``Semi-annual             administrative change.    Semi-annual
                                      Performance Evaluation                              Performance Evaluation
                                      Report''.                                           Report.
Definitions: Sec.   401.110........  Adds definition for       This would be an          Further clarifies what
                                      ``Sponsoring              administrative change.    is considered a
                                      Organization''.                                     Sponsoring
                                                                                          Organization for the
                                                                                          chemical testing
                                                                                          requirement.
Definitions: Sec.   401.110........  Adds the additional text  This would be an          Updates text to
                                      to the definition of      administrative change.    reference current U.S.
                                      ``United States                                     Code sections and
                                      Registered Pilot''.                                 mariner credentialing
                                                                                          requirements.
Application for registration: Sec.   Adds email address and    This would be an          Adds email address and
  401.200.                            physical mailing          administrative change.    physical mailing
                                      address for submission                              address to make it
                                      of Form CG-4509.                                    easier for the
                                                                                          regulated public to
                                                                                          submit the form.
Application for registration: Sec.   Removes text requiring    Form CG-4509 already      Adds clarity by
  401.200.                            two photographs be        requires the submission   removing duplicative
                                      submitted with Form CG-   of two signed             text.
                                      4509.                     photographs. This
                                                                change would merely
                                                                remove duplicative
                                                                text, not the
                                                                requirement to submit
                                                                the photographs.
Sec.   401.210(a)..................  Changes ``Requirements    This would be an          Further clarifies Full
                                      and qualifications for    administrative change.    Registration in
                                      Registration''.                                     comparison to
                                     To ``Requirements and                                requirements for new
                                      qualifications for Full                             definitions.
                                      Registration''.
Sec.   401.210(a)..................  Adds the word ``fully''.  This would be an          Adds clarity by
                                                                administrative change.    matching title to
                                                                                          altered text in the
                                                                                          body paragraph.
Sec.   401.210(a)(1)...............  Adds clarifying text      This change would remove  Adds clarity by making
                                      updating authority from   outdated language and     citation more specific
                                      ``revised statutes'' to   updates to the most       Mariners are no longer
                                      specify 46 CFR part 11,   current authority         issued licenses, but
                                      removing ``license or     citations to provide      credentials with
                                      MMC'' to read ``MMC       clarity but does not      endorsements so this
                                      with an officer           change existing           change removes
                                      endorsement'', and        requirements.             outdated language and
                                      replacing ``tows'' with                             clarifies using more
                                      ``barge'' in                                        current language and
                                      ``integrated tug and                                authorities. The
                                      barge''.                                            emphasis on barges
                                                                                          clarifies that pilots
                                                                                          must be credentialed
                                                                                          deck officers and the
                                                                                          tonnage requirements
                                                                                          apply to an integrated
                                                                                          tug and barge, not the
                                                                                          aggregate tonnage of a
                                                                                          tug and tow.
Sec.   401.210(a)(4)...............  Adds ``applicable'' to    This would be an          Improves clarity of the
                                      ``applicable medical      administrative change     source of
                                      requirements and          because the               requirements.
                                      standards'' and the CFR   requirements in the
                                      citation to the           cited CFR section are
                                      existing requirements.    unchanged.
Sec.   401.210(a)(6)...............  Removes text specifying   TWICs are already         Increases clarity and
                                      a requirement to hold a   required to hold an MMC   readability of the CFR
                                      TWIC in addition to an    so specifying both is     by removing
                                      MMC.                      redundant.                unnecessary text.
Sec.   401.210(a)(7)...............  Removes unnecessary text  This would be an          Increases clarity and
                                      and changes the term      administrative change     readability of the CFR
                                      ``Applicant Pilots'' to   necessary to make text    by removing text
                                      ``Apprentice Pilots''.    consistent with new       specifying application
                                                                definitions added in      for pilotage, which is
                                                                other sections that       already specified in
                                                                clarify between           the title of the
                                                                applicants, applicant     section.
                                                                trainees, and            Increases clarity by
                                                                apprentices.              changing ``Applicant
                                                                                          Pilots'' to
                                                                                          ``Apprentice Pilots''
                                                                                          to be consistent with
                                                                                          proposed definition
                                                                                          changes.
Sec.   401.210(a)(8)...............  Adds new paragraph        This would be an          Adds clarity by making
                                      requiring the             administrative change     citation more specific
                                      individual to meet the    that integrates           and eliminating the
                                      chemical testing          references to the         need to update text
                                      requirements in 46 CFR    existing source of        when parts of 46 CFR
                                      part 16 for Full          requirements rather       part 16 change.
                                      Registration.             than restating
                                                                requirements. This is
                                                                an existing requirement
                                                                for all mariners
                                                                holding a MMC, per 46
                                                                CFR 10.209(h) and 46
                                                                CFR Part 16.
Sec.   401.211.....................  Changes text from         This would be an          Adds clarity and
                                      ``Applicant Pilots'' to   administrative change     consistency for
                                      ``Apprentice Pilots''     necessary to make text    references to new
                                      to be consistent with     consistent with new       definitions.
                                      new terms.                definitions added in
                                                                other sections.
Sec.   401.211(b)..................  Creates new paragraph     This would be an          Adds clarity and better
                                      (b) containing current    administrative change     readability by making
                                      text.                     necessary to detail       requirement list stand
                                                                changes in the            out within the
                                                                organization of the       paragraph.
                                                                text.
Sec.   401.211(b)(3)...............  Adds citation to 46 CFR   Pilots must already hold  Adds clarity by making
                                      part 11.480 to clarify    a radar observer          citation more specific
                                      requirements to obtain    qualification.            and eliminating the
                                      radar observer                                      need to update text
                                      qualification, but does                             when parts of 46 CFR
                                      not change the existing                             part 11.480 change.
                                      requirement to hold a
                                      radar observer
                                      qualification.

[[Page 81310]]

 
Sec.   401.211(e)..................  Adds address for          This would be an          Adds email and mailing
                                      submission of Form CG-    administrative change.    address to make it
                                      4509.                                               easier for the
                                                                                          regulated public to
                                                                                          submit forms.
Sec.   401.211(e)..................  Adds text requiring two   This would be an          Clarifies the
                                      photographs be            administrative change     requirements for
                                      submitted with Form CG-   that does not alter the   submitting Form CG-
                                      4509 to provide clarity   existing requirements     4509 where methods of
                                      since Sec.   401.200      of Form CG-4509.          submission are
                                      would no longer require                             discussed.
                                      it.
Sec.   401.211(f)..................  Modifies text to clarify  This would be an          Improves clarity and
                                      who may be issued a       administrative change.    makes text consistent
                                      U.S. Coast Guard                                    with proposed
                                      Apprentice Pilot                                    definitions.
                                      Identification Card.
                                      Replaces the terms
                                      ``applicant'' and
                                      ``Applicant Pilot''
                                      with ``Apprentice
                                      Pilot''.
Sec.   401.211(f)(1)...............  Adds new paragraph        This would be an          Improves clarity.
                                      stating the Director      administrative change.
                                      may set an expiration
                                      date for the Apprentice
                                      Pilot Identification
                                      Card.
Sec.   401.211(g)(4)...............  Minor wording changes...  This would be an          Improves clarity by
                                                                administrative change.    specifying the
                                                                                          identification card is
                                                                                          withdrawn.
Sec.   401.211(j)..................  New paragraph requires    This change would update  Improves clarity of
                                      Apprentice Pilots to be   text as this is already   applicability to make
                                      enrolled in the           required as part of       all text consistent
                                      association's chemical    casualty reporting.       across new sections
                                      testing program.                                    that specify
                                                                                          requirements for
                                                                                          applicants, applicant
                                                                                          trainees, and
                                                                                          apprentices.
Sec.   401.211(k)..................  New paragraph outlines    This change would update  Creates clarity by
                                      requirements for Full     text to describe          detailing section
                                      Registration, including   current practice. The     title for Apprentice
                                      passing an exam, a        impact of the change      Pilot to be consistent
                                      positive endorsement      from prior text has       with new terms.
                                      from the association,     already been realized
                                      and the determination     in 401.220(b).
                                      by the Director of the
                                      need for an additional
                                      pilot.
Sec.   401.214.....................  Adds new section with     This would be an          Creates clarity by
                                      requirements for          administrative change     codifying requirements
                                      Applicant Trainees.       to separate               for Applicant Trainees
                                                                requirements to           in a separate new
                                                                Applicant Trainees and    section distinct from
                                                                Apprentice Pilots in      apprentices so that
                                                                accordance with           requirements are in
                                                                proposed definitions.     clearly distinct
                                                                                          sections and
                                                                                          consistent with new
                                                                                          terms. The
                                                                                          requirements
                                                                                          themselves are not
                                                                                          new, as they were in
                                                                                          place when all stages
                                                                                          of training were
                                                                                          referred to
                                                                                          indistinguishably as
                                                                                          applicants.
Sec.   401.214(b)..................  New paragraph adding      This would be an          Creates clarity by
                                      qualifications to be      administrative change     listing requirements
                                      considered an Applicant   necessary to              in clearly distinct
                                      Trainee.                  distinguish Applicants    sections and
                                                                from Applicant            consistent with new
                                                                Trainees. Use of this     terms. The
                                                                term is already common    requirements
                                                                practice.                 themselves are not
                                                                                          new, as they were in
                                                                                          place when all stages
                                                                                          of training were
                                                                                          referred to
                                                                                          indistinguishably as
                                                                                          applicants.
Sec.   401.214(e)..................  New paragraph clarifies   Applicant Trainees have   Improves clarity by
                                      that Applicant Trainees   already been submitting   codifying the
                                      must submit an            these forms, but the      requirement that
                                      application on Form CG-   regulatory text did not   Applicant Trainees
                                      4509.                     reference Applicant       must submit an
                                                                Trainees specifically.    application. The
                                                                This practice pre-dates   requirement itself is
                                                                any guidance issued in    not new and is a long-
                                                                2018 and is not a         standing practice.
                                                                result of this proposed
                                                                rulemaking. This new
                                                                clarifying paragraph
                                                                would codify a
                                                                longstanding practice.
                                                                Therefore, this would
                                                                be a no-cost change in
                                                                both our Pre-Guidance
                                                                baseline (2018-2032)
                                                                and our No Action
                                                                baseline (2023-2032).
Sec.   401.220(b)..................  Changes the term          This would be an          Creates clarity by
                                      ``Applicant Pilot'' to    administrative change     listing requirements
                                      ``Apprentice Pilot''.     necessary to make text    in clearly distinct
                                                                consistent with new       sections and
                                                                definitions added in      consistent with new
                                                                other sections.           terms. The
                                                                                          requirements
                                                                                          themselves are not
                                                                                          new, as they were in
                                                                                          place when all stages
                                                                                          of training were
                                                                                          referred to
                                                                                          indistinguishably as
                                                                                          applicants.
Sec.   401.220(b)(2)...............  Clarifies that            This would be an          Increased clarity of
                                      Apprentice Pilots, not    administrative change     the CFR to specify
                                      Applicant Pilots, must    necessary to make text    where ``Apprentice
                                      complete the approved     consistent with new       Pilot'' would replace
                                      course of instruction     definitions for           the previous term
                                      prescribed by the         applicant, applicant      ``Applicant Pilot.''
                                      association authorized    trainee, and apprentice.
                                      to establish the
                                      pilotage pool.
Sec.   401.220(b)(3)...............  Minor wording changes to  This would be an          Removes outdated and
                                      improve clarity and       administrative change     gendered references
                                      readability.              necessary to make text    consistent with
                                                                consistent with new       changes in other
                                                                definitions added in      sections.
                                                                other sections.
Sec.   401.220(c)..................  Changes wording to be     This would be an          Increased clarity of
                                      consistent with new       administrative change     the CFR to specify
                                      definitions of            necessary to make text    where ``Apprentice
                                      Apprentice Pilot and      consistent with new       Pilot'' would replace
                                      Applicant.                definitions added in      the previous term
                                                                other sections.           ``Applicant Pilot.''
Sec.   401.220(d)..................  Changes wording to be     This would be an          Increased clarity of
                                      consistent with new       administrative change     the CFR to specify
                                      definitions.              necessary to make text    where ``Apprentice
                                                                consistent with new       Pilot'' would replace
                                                                definitions added in      the old language and
                                                                other sections.           remove gendered
                                                                                          references.
Sec.   401.220(e)..................  Deletes paragraph.......  This would be an          Increased clarity of
                                                                administrative change.    the CFR necessary to
                                                                                          be consistent with new
                                                                                          sections.

[[Page 81311]]

 
Sec.   401.222.....................  Moves Temporary           This would be an          Creates clarity by
                                      Registration              administrative that       making requirements
                                      requirements to their     changes organization of   clear and consistent
                                      own section for clarity.  the part.                 with a section for
                                                                                          each category of
                                                                                          applicant, applicant
                                                                                          trainee, apprentice,
                                                                                          pilot, and temporary
                                                                                          pilot.
Sec.   401.222(a)..................  New paragraph that        This would be an          Creates clarity by
                                      clarifies who may hold    administrative            making requirements
                                      a Temporary               alteration that changes   clear and consistent a
                                      Registration.             organization of the       section for each
                                                                text but does not         category of applicant,
                                                                change the requirements.  applicant trainee,
                                                                                          apprentice, pilot, and
                                                                                          temporary pilot.
Sec.   401.230(a)..................  Minor wording change,     This would be an          Updates text to
                                      updates statutory         administrative change     reference U.S. Code to
                                      reference.                necessary to make text    improve clarity.
                                                                consistent with new
                                                                definitions added in
                                                                other sections.
Sec.   401.230(c)..................  Modifies to include more  This would be an          Increased clarity as
                                      up-to-date terms and      administrative change     ``Photostat'' is not a
                                      methods of copying        necessary to make text    common term.
                                      documents.                consistent with new
                                                                definitions added in
                                                                other sections.
Sec.   401.240(d)..................  Minor wording changes,    This would be an          Improves clarity by
                                      replaces the word         administrative change.    better matching the
                                      ``Commandant'' with                                 language used by
                                      ``Director''.                                       industry.
Sec.   401.250(d)..................  Removes the word          This would be an          Improves clarity and
                                      ``license''.              administrative change     eliminates confusion
                                                                that does not change      as to what ``license''
                                                                the requirement to have   refers.
                                                                an MMC.
Sec.   401.260(a)..................  Clarifies reporting       This would be an          Creates clarity by
                                      requirements also apply   administrative change     making requirements
                                      to pilots on a Limited    necessary to make text    clear and consistent
                                      or Temporary              consistent with new       with new terms.
                                      Registration and other    definitions added in
                                      minor wording changes.    other sections.
Sec.   401.260(a)..................  Reformats report          This would be an          Improves clarity by
                                      contents from a           administrative change     making the list of
                                      paragraph to a numbered   reflecting organization   requirements more
                                      list.                     of text.                  legible.
Sec.   401.260(a)..................  Modifies 401.260(a) to    This practice predates    Improves clarity on the
                                      add clarity regarding     any 2018 guidance. The    format of the
                                      the existing practice     Director's office         submission and when
                                      of receiving marine       already receives these    the marine accident
                                      accident reports. It      reports and does not      report is required.
                                      outlines that a written   expect the trend in
                                      report is required when   reports received to
                                      a marine incident         change as a byproduct
                                      occurs while an           of this rulemaking. The
                                      Apprentice Pilot,         submission requirement
                                      Apprentice Pilot with     for these reports is
                                      Limited Registration,     found in Sec.   401.260
                                      United States             and originated in 31 FR
                                      Registered Pilot, or      9065.\15\ Therefore, it
                                      Temporary Registered      is a no-cost change in
                                      Pilot is providing        both our Pre-Guidance
                                      pilotage services.        baseline (2018-2032)
                                                                and our No Action
                                                                baseline (2023-2032).
Sec.   401.260(a)(7)...............  Adds requirement for      This would not change     Improves clarity by
                                      pilot to share the        the requirement for       making requirements
                                      results of post-          testing governed by 46    easier to find in an
                                      casualty drug and         CFR Sec.   4.06-3.        explicit list.
                                      alcohol tests in the      Rather, Sec.
                                      notice to the Director.   401.260(a)(7) would
                                                                detail what information
                                                                must also be shared
                                                                with the Director in
                                                                the event that a
                                                                reportable casualty
                                                                affects pilotage.
Sec.   401.420(c)..................  Minor wording changes,    This would be an          Further clarifies who
                                      clarifies that a vessel   administrative change     determines whether an
                                      master and a pilot        since this is already     interruption is caused
                                      authorized to provide     industry practice.        by weather.
                                      pilotage service to the
                                      vessel determine
                                      weather delays jointly.
Sec.   401.425.....................  Removes provisions        This would be an          Adds additional
                                      governing Canadian        administrative change     clarity, as the
                                      approval of double        since the Director does   Director approves
                                      pilotage.                 not have to confer with   double pilotage for
                                                                the Canadians to          the U.S. pilots but
                                                                approve pilotage and      has no jurisdiction
                                                                has not had to. The       over Canadian pilots.
                                                                reference to Canada was   The Canadian pilots
                                                                erroneous.                base their decisions
                                                                                          on different criteria,
                                                                                          though both countries
                                                                                          may notify each other
                                                                                          of their decision to
                                                                                          approve double
                                                                                          pilotage to assist in
                                                                                          pilotage assignments.
Sec.   401.425.....................  Removes the undesignated  This change would update  Improves clarity by
                                      waters of Lake Erie       text as the Director      removing outdated
                                      from the Southeast        can already require       language.
                                      Shoal to Colborne         double pilotage as the
                                      restrictions and states   situation dictates. The
                                      the director will         regulatory text was
                                      evaluate dual pilotage    outdated, and double
                                      on a case-by-case basis.  pilotage is allowed in
                                                                this area when needed.
Sec.   401.431(a)..................  Establishes 60-day        There has only been one   Improves clarity and
                                      billing dispute           instance of a dispute     reduces the likelihood
                                      deadline, minor word      longer than 60 days. We   of a dispute occurring
                                      changes.                  do not expect any         after the books have
                                                                further impacts.          been closed.
Sec.   401.431(d)..................  Minor wording changes to  This process predates     Improves clarity on who
                                      clarify that the pilot    the 2018 guidance. The    is considered the
                                      association is the        ability to appeal (Sec.   respondent and the
                                      respondent, and they        401.431(d)) was         exact timeline for any
                                      have 20 business days     initially added to the    pilot association
                                      to defend disputed        CFR via 29 FR 10467       wishing to defend
                                      charges starting from     (July 28, 1964).\16\ No   disputed charges.
                                      when they receive the     changes to this
                                      notice of appeal.         behavior occurred over
                                      Previous text listed 20   2018-2022. The Coast
                                      days without specifying   Guard does not expect
                                      business days or when     wording changes in the
                                      those days would begin    proposed rulemaking to
                                      counting.                 alter behavior from the
                                                                pilot association.
                                                                Therefore, it is a no-
                                                                cost change in both our
                                                                Pre-Guidance baseline
                                                                (2018-2032) and our No
                                                                Action baseline (2023-
                                                                2032).
                                     No previous dispute
                                      exceeded 20 days..
Sec.   401.431(e)..................  Minor wording changes to  No cost. This process     Improves clarity for
                                      clarify that the          predates 2018 guidance.   pilot associations
                                      Director would respond    Sec.   401.431(e) was     submitting charge
                                      with an advisory          initially added to the    disputes as to when an
                                      opinion within 30         CFR via 29 FR 10467       advisory opinion can
                                      working days..            (July 28, 1964).\17\ No   be expected from the
                                     Previous text did not      changes to this           Director.
                                      specify a specific        behavior occurred over
                                      number of days.           2018-2022. The Coast
                                                                Guard does not expect
                                                                wording changes in the
                                                                proposed rulemaking to
                                                                alter the Director's
                                                                behavior in responding
                                                                with advisory opinions.
                                                                The text simply
                                                                clarifies a long-
                                                                standing practice.

[[Page 81312]]

 
Sec.   401.431(h)..................  Creates new paragraph     This process predates     Improves clarity by
                                      (h) that codifies the     any 2018 guidance. This   codifying the existing
                                      existing practice of      proposed paragraph is     ability for pilotage
                                      pilotage associations     codifying this long-      associations to appeal
                                      appealing the advisory    standing practice         the advisory opinion
                                      opinion made by the       performed by the          made by the Director.
                                      Director. The proposed    pilotage associations.    The practice itself is
                                      reg text specifies that   Neither 2018 guidance     not new and is a long-
                                      the associations may do   nor the proposed          standing practice.
                                      so within 10 days of      rulemaking
                                      receiving the opinion.    substantively modifies
                                                                this pilot association
                                                                practice. Therefore, it
                                                                is a no-cost change in
                                                                both our Pre-Guidance
                                                                baseline (2018-2032)
                                                                and our No Action
                                                                baseline (2023-2032).
Sec.   401.450(b)..................  Removes the effective     This would be an          Improves clarity as the
                                      date for the              administrative change     text is outdated from
                                      establishment of the      since the date has        when change point was
                                      pilot change point at     passed.                   first introduced.
                                      Iroquois Lock.
Sec.   401.450(i)..................  Replaces Gros Cap with    This change would only    Makes text consistent
                                      Buoy 33, St. Mary's       move the change point     with change points
                                      River, Point Iroquois.    to a more convenient      currently used. This
                                                                location; it would not    change point is a new
                                                                change the number of      location in the river,
                                                                change points.            closer to the locks
                                                                                          and a safer location
                                                                                          to transfer pilots on
                                                                                          and off the pilot
                                                                                          boat. Gros Cap was too
                                                                                          far out in the bay
                                                                                          (about 2 nautical
                                                                                          miles) and the
                                                                                          transfers were
                                                                                          affected by the
                                                                                          weather and transit
                                                                                          time.
Sec.   401.450(k)..................  Replaces Gros Cap with    See above...............  See above.
                                      Buoy 33.
Sec.   401.510(b)(3)-(7)...........  Deletes outdated text...  This would be an          Improves clarity of the
                                                                administrative change     CFR by removing
                                                                removing outdated         outdated text.
                                                                references that refer
                                                                to old systems of
                                                                communication in
                                                                paragraph (3) and
                                                                references to when the
                                                                Coast Guard was part of
                                                                the Department of the
                                                                Treasury in paragraphs
                                                                (4) through (7).
Sec.   401.710(b)..................  Updates Memorandum of     This would be an          Improves clarity of the
                                      Understanding reference   administrative change     CFR.
                                      and date.                 removing outdated
                                                                references.
Sec.   402.220(a)..................  Adds discretion for the   This would codify an      Improves clarity of the
                                      Director or association   existing practice that    CFR.
                                      to require additional     would not change the
                                      round trips in a          total number of trips
                                      particular area as part   to meet the minimum but
                                      of meeting the overall    may change where those
                                      minimum number of round   trips occur in order to
                                      trips requirement.        ensure that the
                                                                experience in training
                                                                is representative of
                                                                future operations.
Sec.   402.220(a)(5)...............  Removes section           This would be an          Improves clarity of the
                                      describing requirement    administrative change     CFR.
                                      for training in foreign   removing outdated
                                      languages.                references as these
                                                                courses are no longer
                                                                required under STCW.
Sec.   402.220(a)(7)...............  Updates Memorandum of     This would be an          Improves clarity of the
                                      Understanding reference.  administrative change     CFR.
                                                                removing outdated
                                                                references.
Sec.   402.220(a)(10)..............  Removes paragraph.......  This would be an          Improves clarity of the
                                                                administrative change     CFR.
                                                                removing outdated
                                                                references.
Sec.   402.230(a)..................  Updates statutory         This would be an          Improves clarity of the
                                      references and makes      administrative change     CFR.
                                      minor wording changes     removing outdated
                                      to improve clarity and    references.
                                      readability.
Sec.   402.320(a)..................  Removes reference to      This would be an          Improves clarity and
                                      each working rule         administrative change     electronic access of
                                      individually and          as the same information   information by the
                                      instead makes all rules   remains available and     public and eliminates
                                      available                 the Coast Guard has       the need to provide a
                                      electronically by email   never received a          technical amendment
                                      request.                  request for a paper       whenever the date of a
                                                                copy of a working rule.   working rule changes.
----------------------------------------------------------------------------------------------------------------

    The information collections in this proposed rule are actions that 
the affected population of pilots and pilot associations have already 
complied with in prior years. Prior to this proposed rulemaking, the 
Coast Guard had not codified the burden for these collections into the 
information collection request for the Great Lakes Pilotage Rate 
Methodology (OMB Control Number 1625-0086).\18\ We present details on 
past reporting and estimated future regulatory costs to industry in 
table 6, broken down by each of the two baselines. Table 6 also details 
relevant regulatory costs that concurrently act as information 
collection costs.
---------------------------------------------------------------------------

    \15\ To access 31 FR 9065, please see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf. 
Note that while the requirement is not new, a definition for 
``marine accident'' is being proposed for Sec.  401.110 in this 
NPRM.
    \16\ Sec.  401.431(d) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
    \17\ Sec.  401.431(e) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
    \18\ To access the Great Lakes pilotage Rate Methodology ICR, 
please see www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201709-1625-004.

[[Page 81313]]



                                      Table 6--Summary of Costs by Baseline
                                        [2022 Dollars, discounted at 7%]
----------------------------------------------------------------------------------------------------------------
                                                                 Pre-guidance baseline      No action baseline
             CFR section                Description of change         (2018-2032)              (2023-2032)
----------------------------------------------------------------------------------------------------------------
Definitions: Sec.   401.110..........  Creates a definition     The Coast Guard began    No cost. No expected
                                        for ``individual         receiving                changes in cost from
                                        training plan.'' Prior   individualized           this rule when
                                        to 2018, associations    training plans in        compared with cost of
                                        used the same template   2018. Beginning in       informal guidance
                                        plan for the entire      2018, assume that        issued in 2018. Our No
                                        district, rather than    individualized           Action baseline
                                        individualizing plans.   training plans take 2    excludes any costs
                                                                 hours to prepare. This   directly attributed to
                                                                 hour burden per          the guidance.
                                                                 training plan is
                                                                 expected to remain
                                                                 consistent (2 hours)
                                                                 across 2018-2032.
                                                                Total Cost to Industry
                                                                 2018-2032: $10,015.59..
                                                                Annualized Cost:
                                                                 $784.04..
Sec.   401.211(g)....................  Adds new paragraph that  The Coast Guard began    No cost. No expected
                                        codifies existing        requiring The Director   changes in cost
                                        practice of requiring    approve these            stemming from this
                                        Apprentice Pilots to     individual training      rule when compared
                                        have The Director        plans in 2018 (same      with informal guidance
                                        approve their            year the agency began    issued in 2018. Our No
                                        individual training      receiving the            Action baseline
                                        plan.                    individualized           excludes any costs
                                                                 training plans).         directly attributed to
                                                                 Beginning in 2018,       the guidance.
                                                                 assume that it takes
                                                                 the Director 30
                                                                 minutes to review.
                                                                 This hour burden per
                                                                 training plan is
                                                                 expected to remain
                                                                 consistent (0.5 hours)
                                                                 across 2018-2032.
                                                                Total Cost to
                                                                 Government 2018-2032:
                                                                 $3,899.46..
                                                                Annualized Cost:
                                                                 $305.26..
Definitions: Sec.   401.110..........  Adds definition for      2018-2022: In the 2023   Any further impacts
                                        ``Temporary Registered   annual ratemaking, the   would be realized
                                        Pilot''.                 Coast Guard utilized     through a ratemaking.
                                                                 the definition of
                                                                 temporary pilot to
                                                                 reduce the number of
                                                                 temporary pilots
                                                                 projected.
                                                                2023-2032: Any further
                                                                 impacts would be
                                                                 realized through a
                                                                 ratemaking..
Sec.   401.211(h)....................  Adds new section that    This requirement began   No cost. No expected
                                        codifies existing        via informal guidance    changes in cost
                                        practice of requiring    in 2018. Average of 5    stemming from this
                                        Apprentice Pilots to     Apprentice Pilots        rule when compared
                                        have a Semi-annual       annually submitting 18   with informal guidance
                                        Performance Evaluation   reports on average.      issued in 2018. Our No
                                        Report.                  Submission requires 6    Action baseline
                                                                 hours per report.        excludes any costs
                                                                 Review of these          directly attributed to
                                                                 reports at the           the guidance.
                                                                 Director's office
                                                                 takes 20 minutes (0.33
                                                                 hours) per report.
                                                                 These hourly burdens
                                                                 remain unchanged
                                                                 across 2018-2032.
                                                                Total Cost to Industry
                                                                 2018-2032: $99,875.41..
                                                                Annualized Cost:
                                                                 $7,818.45..
                                                                Total Cost to
                                                                 Government 2018-2032:
                                                                 $8,641.19.
                                                                Annualized Cost:
                                                                 $1,053.61.
Sec.   401.230(d) and Sec.             Adds additional text to  2018-2022: Applicants    No additional cost
 401.240(a).                            clarify the nature of    have been asked to       stemming from
                                        photos submitted to      resubmit photos only a   rulemaking. Potential
                                        the Coast Guard.         handful of times since   for cost savings if
                                        Provides clarity by      2018.                    the number of photos
                                        using common language   2023-2032: No cost.       retaken is reduced.
                                        for ``passport style''   Potential for cost       This cost saving could
                                        photographs that would   savings if the number    not be quantified
                                        be more easily           of photos retaken is     given the limited
                                        understood. The Coast    reduced. This cost       number of times a cost
                                        Guard requires a         saving could not be      has been incurred to
                                        signed photo inserted    quantified given the     retake photos and that
                                        into Certificates of     limited number of        cost was never
                                        Registration as the      times a cost has been    quantified.
                                        photo with the           incurred to retake
                                        signature is used in     photos and that cost
                                        making certificates.     was never quantified..
                                        In some cases, the
                                        photo submitted is too
                                        far away from the face
                                        of the subject, and in
                                        order to capture the
                                        signature a portion of
                                        the person may be cut
                                        off. This change would
                                        help eliminate these
                                        issues and needing new
                                        photos to be submitted.

[[Page 81314]]

 
Sec.   401.260.......................  Removes paragraph (d)    2018-2022: No cost       Cost savings over 2023-
                                        which required           savings. This process    2032 are attributed
                                        submission of monthly    pre-dates 2018           only to this
                                        availability reports.    guidance and has not     rulemaking and are not
                                                                 changed in scope         a byproduct of any
                                                                 during 2018-2022 due     guidance over the 2018-
                                                                 to guidance. The         2022 timeframe.
                                                                 requirement to provide   Therefore, our cost
                                                                 these originates in 31   savings in the No
                                                                 FR 9065 (July 1,         Action baseline equate
                                                                 1966).\19\ From 2018-    to those in our Pre-
                                                                 2022, associations       Guidance baseline.
                                                                 kept record of          Removing the submission
                                                                 approximately 672        requirement results in
                                                                 monthly availability     cost savings over the
                                                                 reports each year        No Action Baseline
                                                                 during the 10 months     period of analysis
                                                                 of the shipping          (2023-2032).
                                                                 season, for each pilot  Total Cost Savings to
                                                                 and apprentice on        Industry (2023-2032):
                                                                 roster.                  $(835,065.99).
                                                                2023-2032: If Coast      Annualized Cost
                                                                 Guard continued to       Savings:
                                                                 require these reports,   $(118,894.61).
                                                                 we would expect to
                                                                 receive 650 annually.
                                                                 It estimated that each
                                                                 monthly report takes
                                                                 2.5 hours to submit.
                                                                 Removing this required
                                                                 submission results in
                                                                 cost savings over 2023-
                                                                 2032..
                                                                Total Cost Savings to
                                                                 Industry (2018-2032):
                                                                 $(835,065.99)..
                                                                Annualized Cost
                                                                 Savings: $(65,370.68)..
Sec.   401.431(b)....................  Changes ``in writing''   2018-2022: No cost. The
                                        to ``official            appeal process did not
                                        correspondence'' and     originate from 2018
                                        adds requirements for    guidance. The ability
                                        what information must    to appeal (Sec.
                                        be in the appeal,        401.431(b)) was
                                        rather than Coast        initially added to the
                                        Guard receiving          CFR via 29 FR 10467
                                        disputes in varying      (July 28, 1964).\20\
                                        formats.                 2018 guidance did not
                                                                 alter any aspect of
                                                                 this existing
                                                                 requirement.
                                                                2023-2032: With the
                                                                 proposed changes, the
                                                                 Coast Guard estimates
                                                                 that forthcoming
                                                                 submissions will take
                                                                 one hour each, an
                                                                 additional 30 minutes
                                                                 per report. To avoid
                                                                 double counting an
                                                                 existing regulatory
                                                                 cost associated with
                                                                 these reports, the Pre-
                                                                 Guidance baseline uses
                                                                 0.5 hours for the time
                                                                 burden. The Coast
                                                                 Guard estimates
                                                                 receiving one of these
                                                                 reports annually over
                                                                 2023-2032..
                                                                Total Cost to Industry
                                                                 2018-2032: $256.94.
                                                                Annualized Cost:         Costs over 2023-2032
                                                                 $20.11.                  are attributed only to
                                                                                          this rulemaking and
                                                                                          are not a byproduct of
                                                                                          any guidance over the
                                                                                          2018-2022 timeframe.
                                                                                          Therefore, our cost
                                                                                          savings in the No
                                                                                          Action baseline equate
                                                                                          to those in our Pre-
                                                                                          Guidance baseline.
                                                                                         The proposed changes
                                                                                          result in costs over
                                                                                          our No Action baseline
                                                                                          period of analysis
                                                                                          (2023-2032).
                                                                                         Total Cost to Industry
                                                                                          2023-2032: $256.94.
                                                                                         Annualized Cost:
                                                                                          $36.58.
Sec.   402.210(a)....................  Adds Apprentice Pilots   This requirement began   No cost. No expected
                                        and Temporary            via informal guidance    changes in cost
                                        Registered Pilots.       in 2018.                 stemming from this
                                        Adds citation to        This change impacts       rule when compared
                                        current CFR              mariners who submit      with informal guidance
                                        requirements for all     Apprentice Pilot         issued in 2018. Our No
                                        pilots to pass a         applications to the      Action baseline
                                        physical examination.    Director. From 2018-     excludes any costs
                                        Given this edition, it   2022, the Coast Guard    directly attributed to
                                        equates to more than     received an average of   the guidance.
                                        an editorial change.     15 such applications
                                                                 annually. Each medical
                                                                 certificate takes
                                                                 about 18 minutes (0.3
                                                                 hours) to draft and
                                                                 submit. The Coast
                                                                 Guard expects no
                                                                 change in behavior or
                                                                 burden over 2023-2032
                                                                 as a result of this
                                                                 rulemaking..
                                                                Total Cost to Industry
                                                                 2018-2032: $4,162.92.
                                                                Annualized Cost:
                                                                 $325.88.
Sec.   402.210(b)....................  Removes paragraph......  Cost included in change  No cost.
                                                                 to Sec.   402.210(a).
Sec.   402.210(c)....................  Removes paragraph......  Cost included in change  No cost.
                                                                 to Sec.   402.210(a).
----------------------------------------------------------------------------------------------------------------

Costs: Pre-Guidance Baseline
---------------------------------------------------------------------------

    \19\ To access 31 FR 9065, please see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf.
    \20\ Sec.  401.431(b) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7.
---------------------------------------------------------------------------

    This section outlines regulatory costs in accordance with the Pre-
Guidance baseline. Therefore, costs from 2018-2022 stemming from the 
2018 guidance are included, as applicable. The Coast Guard estimates 
that the annual time burden over the 2018-2022 period is zero in cases 
where the proposed rulemaking is (1) instituting a brand-new 
requirement; (2) making a substantive change to an industry practice 
that pre-dates 2018; or (3)

[[Page 81315]]

makes a substantive change to an existing regulatory requirement that 
pre-dates 2018. This is to avoid including new costs in 2018-2022 that 
are not attributable to guidance and therefore out of scope for this 
portion of the Pre-Guidance baseline's timeframe. The Coast Guard 
estimates costs specifically stemming from this proposed rulemaking in 
the 2023-2032 portion of the Pre-Guidance period of analysis. The 
overall period of analysis for the Pre-Guidance timeframe is 2018-2032.
Individual Training Plans for Apprentice Pilots
    One proposed addition to the Definitions portion of Sec.  401.110 
is the creation of a definition for ``individual training plan.'' 
Moreover, the proposed creation of paragraph (g) in Sec.  401.211 would 
codify the existing requirement for individual training plans to be 
submitted to the Coast Guard for each Apprentice Pilot. The Coast Guard 
has been receiving individualized plans since 2018 but did not 
previously specify in the regulatory text that plans must be 
individualized. Mentor pilots generate these plans and summarize the 
training that Apprentice Pilots undergo to ensure that they are gaining 
experience in all relevant transit areas. This is to ensure they are 
qualified for Full Registration at the end of their training. From 2018 
to 2022, the Coast Guard received an average of 5 individual training 
plans annually, as shown in table 7. The Coast Guard estimates that it 
took 2 hours to generate and submit these plans during 2018-2022. The 
loaded wage of pilot submitters is $73.17 from a base wage of $50.09 
and a load factor of 1.46.\21\
---------------------------------------------------------------------------

    \21\ The base wage of captains, mates, and pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    Going forward, the Coast Guard expects to receive six plans 
annually, one for each of the Apprentice Pilots authorized in the 2023 
annual ratemaking (88 FR 12226, Feb. 27, 2023).\22\ Given the Coast 
Guard is simply codifying this requirement, these individualized plans 
will still each take 2 hours to generate and submit from 2023-2032. 
With six submissions annually, the Coast Guard estimates the annual 
cost of requiring individual training plans for apprentices over 2023-
2032 to be $877.99 (6 submissions x 2 hours x $73.17). For the Pre-
Guidance period of analysis (2018-2032), we estimate the grand total 
cost to be $10,015.59 discounted to 7 percent and $784.04 annualized as 
summarized in table 7.
---------------------------------------------------------------------------

    \22\ https://www.federalregister.gov/documents/2023/02/27/2023-03212/great-lakes-pilotage-rates-2023-annual-ratemaking-and-review-of-methodology.

                                       Table 7--Cost of Submitting Individual Training Plans for Apprentice Pilots
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Total pre-      Wage of       Pre-guidance
                           Year                              Plans    guidance hours   submitter     baseline cost        7-Percent         3-Percent
                                                                 [A]             [B]          [C]    [D = A * B * C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.....................................................          4               2       $73.17            $585.33           $767.24           $658.79
2019.....................................................          5               2        73.17             731.66            896.31            799.50
2020.....................................................          5               2        73.17             731.66            837.68            776.22
2021.....................................................          3               2        73.17             439.00            469.73            452.17
2022.....................................................          6               2        73.17             877.99            877.99            877.99
2023.....................................................          6               2        73.17             877.99            820.55            852.42
2024.....................................................          6               2        73.17             877.99            766.87            827.59
2025.....................................................          6               2        73.17             877.99            716.70            803.49
2026.....................................................          6               2        73.17             877.99            669.82            780.08
2027.....................................................          6               2        73.17             877.99            626.00            757.36
2028.....................................................          6               2        73.17             877.99            585.04            735.30
2029.....................................................          6               2        73.17             877.99            546.77            713.89
2030.....................................................          6               2        73.17             877.99            511.00            693.09
2031.....................................................          6               2        73.17             877.99            477.57            672.91
2032.....................................................          6               2        73.17             877.99            446.33            653.31
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .........  ..............  ...........          12,145.54         10,015.59         11,054.11
                                                          ----------------------------------------------------------------------------------------------
    Annualized...........................................  .........  ..............  ...........  .................            784.04            798.75
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    The Coast Guard estimates that it takes 30 minutes (0.5 hours) for 
the Director's office to review these plans. This estimate remains 
consistent across 2018-2022 and 2023-2032. With 6 submissions annually, 
using a loaded wage of $113.95 for a GS-14 in-government worker,\23\ 
the Coast Guard estimates the annual cost to government of reviewing 
individual training plans for apprentices over 2023-2032 to be $341.84 
(6 submissions x 0.5 hours x $113.95). For the Pre-Guidance period of 
analysis (2018-2032), we estimate the grand total cost to be $3,899.46 
discounted to 7 percent and $305.26 annualized as summarized in table 
8.
---------------------------------------------------------------------------

    \23\ The loaded wage of $113.95 (rounded) comes from the base 
hourly wage of $68.55 for a GS-14 Step 5 from the DC region 
multiplied by a load factor of 1.66, per https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total 
hourly compensation for workers with master's degrees as shown in 
table 4, $74.80, by the average hourly wage for workers with 
master's degrees as shown in table 2, or $45.00. $74.80 / $45.00 = 
1.6622. See ``Comparing the Compensation of Federal and Private 
Sector Employees, 2011-2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf.

[[Page 81316]]



                                Table 8--Cost to Government of Reviewing Individual Training Plans for Apprentice Pilots
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Total pre-      Wage of       Pre-guidance
                           Year                              Plans    guidance hours    reviewer     baseline cost        7-Percent         3-Percent
                                                                 [A]             [B]          [C]    [D = A * B * C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.....................................................          4             0.5      $113.95            $227.89           $298.72           $256.49
2019.....................................................          5             0.5       113.95             284.86            348.97            311.28
2020.....................................................          5             0.5       113.95             284.86            326.14            302.21
2021.....................................................          3             0.5       113.95             170.92            182.88            176.05
2022.....................................................          6             0.5       113.95             341.84            341.84            341.84
2023.....................................................          6             0.5       113.95             341.84            319.47            331.88
2024.....................................................          6             0.5       113.95             341.84            298.57            322.21
2025.....................................................          6             0.5       113.95             341.84            279.04            312.83
2026.....................................................          6             0.5       113.95             341.84            260.79            303.72
2027.....................................................          6             0.5       113.95             341.84            243.72            294.87
2028.....................................................          6             0.5       113.95             341.84            227.78            286.28
2029.....................................................          6             0.5       113.95             341.84            212.88            277.94
2030.....................................................          6             0.5       113.95             341.84            198.95            269.85
2031.....................................................          6             0.5       113.95             341.84            185.94            261.99
2032.....................................................          6             0.5       113.95             341.84            173.77            254.36
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .........  ..............  ...........           4,728.73          3,899.46          4,303.79
                                                          ----------------------------------------------------------------------------------------------
    Annualized...........................................  .........  ..............  ...........  .................            305.26            407.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Semi-Annual Performance Evaluation Reports for Apprentice Pilots
    The proposed creation of paragraph (h) in Sec.  401.211 would 
require associations to submit Semi-annual Performance Evaluation 
Reports to the Director for Apprentice Pilots. The Coast Guard assumes 
that mentor pilots generate these evaluation reports, which summarize 
the Apprentice Pilot's training progress twice annually. These reports 
allow the Director and the associations to make informed decisions on 
Apprentice Pilot progress to better tailor what training is needed for 
an Apprentice Pilot to successfully complete training to become a 
United States Registered Pilot. Based on information from a United 
States Coast Guard SME, this industry practice began in 2018. The Coast 
Guard estimates that it takes 6 hours to generate and submit these 
reports. The loaded wage of pilot submitters is $73.17 from a base wage 
of $50.09 and a load factor of 1.46.\24\
---------------------------------------------------------------------------

    \24\ The base wage of captains, mates, and pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    From 2018 to 2022 Coast Guard received an average of 18 reports 
annually, which is greater than the 12 reports the Coast Guard would 
expect for 6 Apprentice Pilots, assuming 2 reports submitted annually. 
Where Coast Guard initially received more reports than the number of 
active apprentices, some reports were backdated for mariners who had 
already completed apprentice training and become pilots. To be 
conservative, the Coast Guard uses the higher average of 18 to estimate 
ongoing costs. The Coast Guard estimates the annual cost of requiring 
individual training plans for apprentices over 2023-2032 to be 
$7,901.92 (18 submissions x 6 hours x $73.17).\25\ For the Pre-Guidance 
period of analysis (2018-2032), we estimate the grand total cost to be 
$99,875.41 discounted to 7 percent and $7,818.45 annualized as 
summarized in table 9.
---------------------------------------------------------------------------

    \25\ The 6 hours to submit includes some time assumed for back-
and-forth review between the apprentice and their approving manager.

                                       Table 9--Cost of Submitting Semi-Annual Performance Reports for Apprentices
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Total pre-      Wage of       Pre-guidance
                           Year                             Reports   guidance hours   submitter     baseline cost        7-Percent         3-Percent
                                                                 [A]             [B]          [C]    [D = A * B * C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.....................................................         20               6       $73.17          $8,779.91        $11,508.67         $9,881.87
2019.....................................................         18               6        73.17           7,901.92          9,680.19          8,634.64
2020.....................................................         22               6        73.17           9,657.90         11,057.33         10,246.07
2021.....................................................          9               6        73.17           3,950.96          4,227.53          4,069.49
2022.....................................................         18               6        73.17           7,901.92          7,901.92          7,901.92
2023.....................................................         18               6        73.17           7,901.92          7,384.97          7,671.77
2024.....................................................         18               6        73.17           7,901.92          6,901.84          7,448.32
2025.....................................................         18               6        73.17           7,901.92          6,450.32          7,231.38
2026.....................................................         18               6        73.17           7,901.92          6,028.34          7,020.75
2027.....................................................         18               6        73.17           7,901.92          5,633.96          6,816.26

[[Page 81317]]

 
2028.....................................................         18               6        73.17           7,901.92          5,265.38          6,617.73
2029.....................................................         18               6        73.17           7,901.92          4,920.92          6,424.98
2030.....................................................         18               6        73.17           7,901.92          4,598.99          6,237.85
2031.....................................................         18               6        73.17           7,901.92          4,298.12          6,056.16
2032.....................................................         18               6        73.17           7,901.92          4,016.93          5,879.77
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .........  ..............  ...........         117,211.79         99,875.41        108,138.95
                                                          ----------------------------------------------------------------------------------------------
    Annualized...........................................  .........  ..............  ...........  .................          7,818.45          7,813.88
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    The Coast Guard estimates that it takes 20 minutes (0.33 hours) for 
the Director's office to review these reports, using a loaded wage of 
113.95 for a GS-14 in-government worker.\26\ Using the same metric of 
18 submissions annually, the Coast Guard estimates the annual cost to 
Government of reviewing individual training plans for Apprentice Pilots 
over 2023-2032 to be $683.67. For the Pre-Guidance period of analysis 
(2018-2032), we estimate the grand total cost to be $8,641.19 
discounted to 7 percent and $1,053.61 annualized as summarized in table 
10.
---------------------------------------------------------------------------

    \26\ The loaded wage of $113.95 (rounded) comes from the base 
hourly wage of $68.55 for a GS-14 Step 5 from the DC region 
multiplied by a load factor of 1.66, per https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total 
hourly compensation for workers with master's degrees as shown in 
table 4, $74.80, by the average hourly wage for workers with 
master's degrees as shown in table 2, or $45.00. $74.80 / $45.00 = 
1.6622. See ``Comparing the Compensation of Federal and Private 
Sector Employees, 2011-2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf.

                                Table 10--Cost to Government of Reviewing Semi-Annual Performance Reports for Apprentices
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Total pre-
                           Year                             Reports     guidance       Wage of        Pre-guidance        7-Percent         3-Percent
                                                                         hours        reviewer       baseline cost
                                                                 [A]          [B]             [C]    [D = A * B * C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.....................................................         20         0.33         $113.95            $759.64           $995.73           $854.98
2019.....................................................         18         0.33          113.95             683.67            837.53            747.07
2020.....................................................         22         0.33          113.95             835.60            956.68            886.49
2021.....................................................          9         0.33          113.95             341.84            365.76            352.09
2022.....................................................         18         0.33          113.95             683.67            683.67            683.67
2023.....................................................         18         0.33          113.95             683.67            638.95            663.76
2024.....................................................         18         0.33          113.95             683.67            597.15            644.43
2025.....................................................         18         0.33          113.95             683.67            558.08            625.66
2026.....................................................         18         0.33          113.95             683.67            521.57            607.43
2027.....................................................         18         0.33          113.95             683.67            487.45            589.74
2028.....................................................         18         0.33          113.95             683.67            455.56            572.56
2029.....................................................         18         0.33          113.95             683.67            425.76            555.89
2030.....................................................         18         0.33          113.95             683.67            397.90            539.70
2031.....................................................         18         0.33          113.95             683.67            371.87            523.98
2032.....................................................         18         0.33          113.95             683.67            347.54            508.72
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .........  ...........  ..............          10,141.13          8,641.19          9,356.15
                                                          ----------------------------------------------------------------------------------------------
    Annualized...........................................  .........  ...........  ..............  .................          1,053.61            676.06
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding

Removing Monthly Availability Reports
    This proposed rule would remove the requirement in Sec.  401.260 
that pilots and apprentices submit monthly availability reports. Often 
these availability reports do not communicate meaningful information 
because in practice pilots are listed as always available if they could 
be called in. Therefore, the Coast Guard no longer sees a benefit in 
requiring these reports. Based on information from a Coast Guard SME, 
these monthly reports have been submitted by industry since the mid-
1960's.\27\ To capture the recent burden

[[Page 81318]]

these reports have had on industry, the Coast Guard has chosen to use 
data from the last 5 years (2018-2022). From 2018 to 2022, the Coast 
Guard received an average of 672 monthly availability reports. Each 
report takes an estimated 2.5 hours to submit. Given this practice did 
not begin in 2018 and is not a cost attributable to guidance, the Coast 
Guard has zeroed out the hours from 2018 to 2022. If the Coast Guard 
continued to require these reports, we could expect to receive 650 
annually, one report for each of the 6 apprentice pilots, 56 pilots, 
and 3 temporary pilots for the 10 months of the active shipping season 
(650 reports = (6+56+3) x 10 months). The loaded wage of pilot 
submitters is $73.17 from a base wage of $50.09 and a load factor of 
1.46.\28\
---------------------------------------------------------------------------

    \27\ Sec.  401.260(c) that deals with monthly availability 
reports was initially added to the CFR via 31 FR 9065 (July 1, 
1966). To read the referenced final rule, see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf#page=3. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-B/section-401.260.
    \28\ The base wage of captains, mates, and pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    Continuing to require these reports would result in an hour burden 
of 2.5 hours per submission. By entirely removing this regulatory 
requirement, this acts as a marginal decrease in burden of 2.5 hours 
per submission. Since this marginal change in hour burden is based in a 
change to existing regulatory text rather than codifying or modifying 
industry practice stemming from 2018 guidance, our annual Pre-Guidance 
reduction in hourly burden in 2023-2032 is equal to that of our annual 
No Baseline hourly burden (2.5 hours). For the Pre-Guidance period of 
analysis (2018-2032), we estimate the total net cost savings to be 
$(835,065.99) discounted to 7 percent and $(65,370.68) annualized as 
summarized in table 11.

                                                Table 11--Cost of Submitting Monthly Availability Reports
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Total pre-      Wage of       Pre-guidance
                           Year                             Reports   guidance hours   submitter     baseline cost        7-Percent         3-Percent
                                                                 [A]             [B]          [C]    [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.....................................................        670             * 0       $73.17              $0.00             $0.00             $0.00
2019.....................................................        620             * 0        73.17               0.00              0.00              0.00
2020.....................................................        720             * 0        73.17               0.00              0.00              0.00
2021.....................................................        630             * 0        73.17               0.00              0.00              0.00
2022.....................................................        720             * 0        73.17               0.00              0.00              0.00
2023.....................................................        650             2.5        73.17       (118,894.61)      (111,116.46)      (115,431.66)
2024.....................................................        650             2.5        73.17       (118,894.61)      (103,847.16)      (112,069.57)
2025.....................................................        650             2.5        73.17       (118,894.61)       (97,053.42)      (108,805.41)
2026.....................................................        650             2.5        73.17       (118,894.61)       (90,704.13)      (105,636.32)
2027.....................................................        650             2.5        73.17       (118,894.61)       (84,770.21)      (102,559.54)
2028.....................................................        650             2.5        73.17       (118,894.61)       (79,224.50)       (99,572.36)
2029.....................................................        650             2.5        73.17       (118,894.61)       (74,041.59)       (96,672.20)
2030.....................................................        650             2.5        73.17       (118,894.61)       (69,197.75)       (93,856.50)
2031.....................................................        650             2.5        73.17       (118,894.61)       (64,670.79)       (91,122.82)
2032.....................................................        650             2.5        73.17       (118,894.61)       (60,439.99)       (88,468.76)
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .........  ..............  ...........     (1,188,946.11)      (835,065.99)    (1,014,195.15)
                                                          ----------------------------------------------------------------------------------------------
    Annualized...........................................  .........  ..............  ...........  .................       (65,370.68)       (73,283.50)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not add to the totals due to rounding. Cited hours with ``*'' indicate that this practice did not begin with the onset of guidance
  in 2018. To avoid inappropriately categorizing this as a new cost attributable to 2018 guidance, the Coast Guard has opted to zero out hours in
  applicable cases.

Disputes
    Under Sec.  401.431(b), the Coast Guard changes ``in writing'' to 
``official correspondence'' and specifies that the letter expressing 
the dispute must include the vessel name, date of service, and 
reference number for the invoice/bill, the exact amount of dispute, 
regulatory citation for dispute, and the requested resolution. Per a 
Coast Guard SME, disputes have been submitted long since the mid-1960's 
in accordance with Sec.  401.431.\29\ However, the Coast Guard 
previously received these disputes in varying formats. From 2018 to 
2022, the Coast Guard received 6 unique disputes (some including 
multiple charges). Note that no unique disputes were submitted from 
2019 to 2022. According to a Coast Guard SME, the agency expects one 
trip charge dispute submission per year starting in 2023. The loaded 
wage of pilot submitters is $73.17, from a base wage of $50.09 and a 
load factor of 1.46.\30\
---------------------------------------------------------------------------

    \29\ Sec.  401.431 was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
    \30\ The base wage of captains, mates, and pilots of water 
vessels is 50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    During 2018-2022, each dispute required 30 minutes to submit. 
However, given this practice did not begin in 2018 and is, therefore, 
not a cost attributable to guidance, the Coast Guard has zeroed out the 
hours from 2018 to 2022. With the proposed changes, the Coast Guard 
estimates that future submissions will take 1 hour each, an additional 
30 minutes per report. Since this marginal change in hour burden is 
based in a change to existing regulatory text rather than codifying or 
modifying industry practice stemming from 2018 guidance, our annual 
Pre-Guidance hourly burden in

[[Page 81319]]

2023-2032 is equal to that of our annual No Baseline hourly burden (0.5 
hours). For the Pre-Guidance period of analysis (2018-2032), we 
estimate the grand total cost to be $256.94 discounted to 7 percent and 
$20.11 annualized as summarized in table 12.

                                                    Table 12--Cost of Submitting Trip Charge Disputes
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Total pre-      Wage of       Pre-guidance
                        Year                            Submissions   guidance hours   submitter     baseline cost        7-percent         3-percent
                                                                 [A]             [B]          [C]    [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018................................................               6             * 0       $73.17              $0.00             $0.00             $0.00
2019................................................               0             * 0        73.17               0.00              0.00              0.00
2020................................................               0             * 0        73.17               0.00              0.00              0.00
2021................................................               0             * 0        73.17               0.00              0.00              0.00
2022................................................               0             * 0        73.17               0.00              0.00              0.00
2023................................................               1             0.5        73.17              36.58             34.19             35.52
2024................................................               1             0.5        73.17              36.58             31.95             34.48
2025................................................               1             0.5        73.17              36.58             29.86             33.48
2026................................................               1             0.5        73.17              36.58             27.91             32.50
2027................................................               1             0.5        73.17              36.58             26.08             31.56
2028................................................               1             0.5        73.17              36.58             24.38             30.64
2029................................................               1             0.5        73.17              36.58             22.78             29.75
2030................................................               1             0.5        73.17              36.58             21.29             28.88
2031................................................               1             0.5        73.17              36.58             19.90             28.04
2032................................................               1             0.5        73.17              36.58             18.60             27.22
                                                     ---------------------------------------------------------------------------------------------------
    Total...........................................  ..............  ..............  ...........             365.83            256.94            312.06
                                                     ---------------------------------------------------------------------------------------------------
    Annualized......................................  ..............  ..............  ...........  .................             20.11             22.55
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not sum due to rounding. Cited hours with ``*'' emphasize that this practice did not begin with the onset of guidance in 2018. To
  avoid inappropriately categorizing this as a new cost attributable to 2018 guidance, the Coast Guard has opted to zero out hours in applicable cases.

Submission of Medical Certificates
    Medical certificates are already required as part of an application 
for an MMC under 46 CFR part 10, subpart C, which is an existing 
requirement to apply to be an Apprentice Pilot as noted in Sec.  
401.110 and Sec.  401.210. The proposed change in text would clarify 
that the requirement applies to Apprentice Pilots, which was not 
specified before. This change would directly impact mariners who submit 
Apprentice Pilot applications to the Director. On average, the Coast 
Guard receives 15 such applications annually. According to a Coast 
Guard SME, this practice began in 2018 through informal program 
guidance. This guidance was issued following a recommendation from the 
Great Lakes Pilotage Advisory Committee in 2018.
    The medical certificate part of the application takes approximately 
18 minutes to draft and submit, as detailed in Information Collection 
Request OMB Control Number 1625-0040, ``Applications for Merchant 
Mariner Credentials and Medical Certificate.'' Given this information 
collection both accounts for all medical certificates that have been 
received and periodically updated, this uptick in medical certificates 
is already accounted for in 1625-0040. Therefore, this is a regulatory 
cost but not an information collection cost. The loaded wage of 
submitters is $73.17, from a base wage of $50.09 and a load factor of 
1.46.\31\ For the Pre-Guidance period of analysis (2018-2032), we 
estimate the grand total cost to be $4,162.92 discounted to 7 percent 
and $325.88 annualized as summarized in table 13.
---------------------------------------------------------------------------

    \31\ The base wage of captains, mates, and pilots of water 
vessels is 50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of 33.07 by hourly wages (CMU2010000520000D) and 
salaries of 22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.

                                     Table 13--Total Cost of Medical Certificates for Apprentice Pilot Applications
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Total pre-      Wage of       Pre-guidance
                        Year                            Submissions   guidance hours   submitter     baseline cost        7-percent         3-percent
                                                                 [A]             [B]          [C]    [D = A * B * C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018................................................              17             0.3       $73.17            $373.15           $489.12           $419.98
2019................................................              15             0.3        73.17             329.25            403.34            359.78
2020................................................              11             0.3        73.17             241.45            276.43            256.15
2021................................................              15             0.3        73.17             329.25            352.29            339.12
2022................................................              15             0.3        73.17             329.25            329.25            329.25
2023................................................              15             0.3        73.17             329.25            307.71            319.66
2024................................................              15             0.3        73.17             329.25            287.58            310.35

[[Page 81320]]

 
2025................................................              15             0.3        73.17             329.25            268.76            301.31
2026................................................              15             0.3        73.17             329.25            251.18            292.53
2027................................................              15             0.3        73.17             329.25            234.75            284.01
2028................................................              15             0.3        73.17             329.25            219.39            275.74
2029................................................              15             0.3        73.17             329.25            205.04            267.71
2030................................................              15             0.3        73.17             329.25            191.62            259.91
2031................................................              15             0.3        73.17             329.25            179.09            252.34
2032................................................              15             0.3        73.17             329.25            167.37            244.99
                                                     ---------------------------------------------------------------------------------------------------
    Total...........................................  ..............  ..............  ...........           4,894.80          4,162.92          4,512.82
                                                     ---------------------------------------------------------------------------------------------------
    Annualized......................................  ..............  ..............  ...........  .................            325.88            326.09
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    Costs: No Action Baseline.
    This section outlines regulatory costs relative to the No Action 
baseline scenario. The No Action analysis period is 2023-2032. Our No 
Action baseline differs from the Pre-Guidance baseline in its exclusion 
of any costs that are not directly stemming from the proposed 
rulemaking. In other words, the No Action baseline represents the 
current state of the world that exists solely under pre-existing 
regulatory text and prior guidance. This results in many items having 
non-zero costs in our Pre-Guidance baseline that are no-cost items in 
the No Action baseline. For example, the Coast Guard began receiving 
individualized training plans as a byproduct of informal guidance in 
2018. While the proposed rulemaking codifies this practice through a 
proposed addition to the CFR (Sec.  401.110), there is no additional 
regulatory burden that results from said codification. In other words, 
all applicable costs across 2018-2032 for individualized training plans 
can be attributed specifically to the 2018 guidance. Therefore, this is 
a no-cost provision in our No Action baseline.
    The following items had non-zero costs in our Pre-Guidance baseline 
but are no-cost provisions in the No Action Baseline: (1) Individual 
training plans for Apprentice Pilots (Sec.  401.110 and Sec.  
401.211(g)); (2) Semi-annual Performance Evaluation Report for 
Apprentice Pilots (Sec.  401.211(h)); and (3) Submission of Medical 
Certificates (Sec.  402.210(a)). These three-line items all began as a 
byproduct of informal guidance from 2018 and have no alteration in 
burden stemming from this rulemaking that differs from the guidance. 
See table 6 (the ``No Action Baseline (2023-2032)'' column) for more 
context on each of these items.
    The following items have non-zero costs in our No Action Baseline: 
(1) Removing monthly availability reports (Sec.  401.260) and (2) 
Submitting Trip Charge Disputes (Sec.  401.431(b)). Both items have 
associated costs or cost savings that stem directly from changes made 
from this proposed rulemaking.
Removing Monthly Availability Reports
    This proposed rule would remove the requirement in Sec.  401.260 
that pilots and apprentices submit monthly availability reports. Often 
these availability reports do not communicate meaningful information 
because in practice pilots are listed as always available if they could 
be called in. Therefore, the Coast Guard no longer sees a benefit in 
requiring these reports. Based on information from a Coast Guard SME, 
these monthly reports have been submitted by industry since the mid-
1960's.\32\ If the Coast Guard continued to require these reports, we 
could expect to receive 650 annually, one report for each of the 6 
apprentice pilots, 56 pilots, and 3 temporary pilots for the 10 months 
of the active shipping season (650 reports = (6+56+3) x 10 months).
---------------------------------------------------------------------------

    \32\ Sec.  401.260(c) that deals with monthly availability 
reports was initially added to the CFR via 31 FR 9065 (July 1, 
1966). To read the referenced final rule, see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf#page=3. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-B/section-401.260.
---------------------------------------------------------------------------

    Continuing to require these reports would result in an hour burden 
of 2.5 hours per submission. By entirely removing this regulatory 
requirement through this proposed rulemaking, this acts as a marginal 
decrease in burden of 2.5 hours per submission. The loaded wage of 
submitters is $73.17, from a base wage of $50.09 and a load factor of 
1.46.\33\ For the No Action period of analysis (2023-2032), we estimate 
the total net cost savings to be $(835,065.99) discounted to 7 percent 
and $(118,894.61) annualized as summarized in table 14.
---------------------------------------------------------------------------

    \33\ The base wage of captains, mates, and pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.

[[Page 81321]]



                                                Table 14--Cost of Submitting Monthly Availability Reports
                                                           [No action baseline; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Total no
                           Year                             Reports       action        Wage of        No action          7-percent         3-percent
                                                                      baseline hours   submitter     baseline cost
                                                                 [A]             [B]          [C]    [D = A * B * C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.....................................................        650             2.5       $73.17      $(118,894.61)     $(111,116.46)     $(115,431.66)
2024.....................................................        650             2.5        73.17       (118,894.61)      (103,847.16)      (112,069.57)
2025.....................................................        650             2.5        73.17       (118,894.61)       (97,053.42)      (108,805.41)
2026.....................................................        650             2.5        73.17       (118,894.61)       (90,704.13)      (105,636.32)
2027.....................................................        650             2.5        73.17       (118,894.61)       (84,770.21)      (102,559.54)
2028.....................................................        650             2.5        73.17       (118,894.61)       (79,224.50)       (99,572.36)
2029.....................................................        650             2.5        73.17       (118,894.61)       (74,041.59)       (96,672.20)
2030.....................................................        650             2.5        73.17       (118,894.61)       (69,197.75)       (93,856.50)
2031.....................................................        650             2.5        73.17       (118,894.61)       (64,670.79)       (91,122.82)
2032.....................................................        650             2.5        73.17       (118,894.61)       (60,439.99)       (88,468.76)
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .........  ..............  ...........     (1,188,946.11)      (835,065.99)    (1,014,195.15)
                                                          ----------------------------------------------------------------------------------------------
    Annualized...........................................  .........  ..............  ...........  .................      (118,894.61)      (118,894.61)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Disputes
    Under Sec.  401.431(b), the Coast Guard proposes changing ``in 
writing'' to ``official correspondence'' and specifies that the letter 
expressing the dispute must include the vessel name, date of service, 
and reference number for the invoice/bill, the exact amount of dispute, 
regulatory citation for dispute, and the requested resolution. Per a 
Coast Guard SME, disputes have been submitted long since the mid-1960's 
in accordance with Sec.  401.431.\34\ However, the Coast Guard 
previously received these disputes in varying forms. According to a 
Coast Guard SME, the agency expects one trip charge dispute submission 
per year starting in 2023.
---------------------------------------------------------------------------

    \34\ Sec.  401.431(b) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
---------------------------------------------------------------------------

    With the proposed 1changes, the Coast Guard estimates that 
forthcoming submissions will take one hour each. This is an increase in 
30 minutes when compared to the Coast Guard's estimate for submission 
time associated with prior disputes that lack these new changes (30 
minutes). The loaded wage of submitters is $73.17, from a base wage of 
$50.09 and a load factor of 1.46.\35\ For the No Action period of 
analysis (2023-2032), we estimate the grand total cost to be 256.94 
discounted to 7 percent and 36.58 annualized as summarized in table 15.
---------------------------------------------------------------------------

    \35\ The base wage of captains, mates, and pilots of water 
vessels is 50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.

                                                    Table 15--Cost of Submitting Trip Charge Disputes
                                                                [No action; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Total no
                        Year                            Submissions       action        Wage of        No action          7-Percent         3-Percent
                                                                      baseline hours   submitter     baseline cost
                                                                 [A]             [B]          [C]    [D = A * B * C]  ................  ................
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023................................................               1             0.5       $73.17             $36.58            $34.19            $35.52
2024................................................               1             0.5        73.17              36.58             31.95             34.48
2025................................................               1             0.5        73.17              36.58             29.86             33.48
2026................................................               1             0.5        73.17              36.58             27.91             32.50
2027................................................               1             0.5        73.17              36.58             26.08             31.56
2028................................................               1             0.5        73.17              36.58             24.38             30.64
2029................................................               1             0.5        73.17              36.58             22.78             29.75
2030................................................               1             0.5        73.17              36.58             21.29             28.88
2031................................................               1             0.5        73.17              36.58             19.90             28.04
2032................................................               1             0.5        73.17              36.58             18.60             27.22
                                                     ---------------------------------------------------------------------------------------------------
    Total...........................................  ..............  ..............  ...........             365.83            256.94            312.06
                                                     ---------------------------------------------------------------------------------------------------
    Annualized......................................  ..............  ..............  ...........  .................             36.58             36.58
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.


[[Page 81322]]

Summary of Total Net Costs
    To foster transparency, the Coast Guard has decided to summarize 
total net costs by each baseline Pre-Guidance and No Action. Table 16 
accounts for net private costs to industry and the associations for our 
Pre-Guidance baseline. For the Pre-Guidance period of analysis (2018-
2032), we estimate the net private cost to industry to be ($720,755.13) 
discounted to 7 percent and ($56,422.19) annualized as summarized in 
table 16.

                                                         Table 16--Net Private Costs to Industry
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Semi-annual
                                   Individual   performance     Removing
                                    training    evaluation       monthly                 Submission of      Total net
              Year                 plans for    reports for   availability    Disputes      medical       private costs      7-Percent       3-Percent
                                   apprentice   apprentice       reports                 certificates
                                     pilots       pilots
                                          [A]           [B]             [C]        [D]             [E]    [F = SUM(A:E)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018............................      $585.33     $8,779.91           $0.00      $0.00         $373.15         $9,738.38      $12,765.03      $10,960.64
2019............................       731.66      7,901.92            0.00       0.00          329.25          8,962.82       10,979.85        9,793.92
2020............................       731.66      9,657.90            0.00       0.00          241.45         10,631.01       12,171.44       11,278.44
2021............................       439.00      3,950.96            0.00       0.00          329.25          4,719.20        5,049.55        4,860.78
2022............................       877.99      7,901.92            0.00       0.00          329.25          9,109.16        9,109.16        9,109.16
2023............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)    (102,569.04)    (106,552.30)
2024............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (95,858.91)    (103,448.84)
2025............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (89,587.77)    (100,435.76)
2026............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (83,726.89)     (97,510.45)
2027............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (78,249.43)     (94,670.34)
2028............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (73,130.31)     (91,912.95)
2029............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (68,346.08)     (89,235.88)
2030............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (63,874.84)     (86,636.77)
2031............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (59,696.11)     (84,113.37)
2032............................       877.99      7,901.92    (118,894.61)      36.58          329.25      (109,748.87)     (55,790.76)     (81,663.47)
                                 -----------------------------------------------------------------------------------------------------------------------
    Total.......................  ...........  ............  ..............  .........  ..............    (1,054,328.14)    (720,755.13)    (890,177.21)
                                 -----------------------------------------------------------------------------------------------------------------------
    Annualized..................  ...........  ............  ..............  .........  ..............  ................     (56,422.19)     (64,322.24)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    Table 17 accounts for net costs to government for our Pre-Guidance 
baseline. For the Pre-Guidance period of analysis (2018-2032), we 
estimate the net cost to government to be $12,540.65 discounted to 7 
percent and $981.71 annualized.

                                                            Table 17--Net Costs to Government
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Semi-annual
                                                                      Individual      performance
                                                                    training plans    evaluation        Total net
                               Year                                 for apprentice    reports for    government cost     7-Percent         3-Percent
                                                                        pilots        apprentice
                                                                                        pilots
                                                                               [A]             [B]       [C = A + B]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.............................................................          $227.89         $759.64           $987.53        $1,294.45          $1,111.47
2019.............................................................           284.86          683.67            968.54         1,186.50           1,058.34
2020.............................................................           284.86          835.60          1,120.46         1,282.82           1,188.70
2021.............................................................           170.92          341.84            512.75           548.65             528.14
2022.............................................................           341.84          683.67          1,025.51         1,025.51           1,025.51
2023.............................................................           341.84          683.67          1,025.51           958.42             995.64
2024.............................................................           341.84          683.67          1,025.51           895.72             966.64
2025.............................................................           341.84          683.67          1,025.51           837.12             938.49
2026.............................................................           341.84          683.67          1,025.51           782.36             911.15
2027.............................................................           341.84          683.67          1,025.51           731.17             884.61
2028.............................................................           341.84          683.67          1,025.51           683.34             858.85
2029.............................................................           341.84          683.67          1,025.51           638.63             833.83
2030.............................................................           341.84          683.67          1,025.51           596.85             809.55
2031.............................................................           341.84          683.67          1,025.51           557.81             785.97
2032.............................................................           341.84          683.67          1,025.51           521.32             763.07
                                                                  --------------------------------------------------------------------------------------
    Total........................................................  ...............  ..............         14,869.87        12,540.65          13,659.95
                                                                  --------------------------------------------------------------------------------------
    Annualized...................................................  ...............  ..............  ................           981.71             987.04
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.


[[Page 81323]]

    By aggregating values from table 16 and table 17, the Coast Guard 
estimates the total net costs associated with our Pre-Guidance 
baseline. For the Pre-Guidance period of analysis (2018-2032), we 
estimate the total net costs to be ($708,214.47) discounted to 7 
percent and ($55,440.48) annualized as summarized in table 18.

                                                                Table 18--Total Net Costs
                                                              [Pre-guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Total net
                               Year                                   Total net       government    Total net annual     7-Percent         3-Percent
                                                                    private costs        costs            costs
                                                                               [A]             [B]       [C = A + B]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.............................................................         9,738.38          987.53         10,725.91        14,059.48          12,072.11
2019.............................................................         8,962.82          968.54          9,931.36        12,166.34          10,852.27
2020.............................................................        10,631.01        1,120.46         11,751.47        13,454.26          12,467.13
2021.............................................................         4,719.20          512.75          5,231.96         5,598.19           5,388.91
2022.............................................................         9,109.16        1,025.51         10,134.66        10,134.66          10,134.66
2023.............................................................     (109,748.87)        1,025.51      (108,723.36)     (101,610.62)       (105,556.66)
2024.............................................................     (109,748.87)        1,025.51      (108,723.36)      (94,963.20)       (102,482.20)
2025.............................................................     (109,748.87)        1,025.51      (108,723.36)      (88,750.65)        (99,497.28)
2026.............................................................     (109,748.87)        1,025.51      (108,723.36)      (82,944.53)        (96,599.30)
2027.............................................................     (109,748.87)        1,025.51      (108,723.36)      (77,518.26)        (93,785.73)
2028.............................................................     (109,748.87)        1,025.51      (108,723.36)      (72,446.97)        (91,054.11)
2029.............................................................     (109,748.87)        1,025.51      (108,723.36)      (67,707.45)        (88,402.04)
2030.............................................................     (109,748.87)        1,025.51      (108,723.36)      (63,277.99)        (85,827.23)
2031.............................................................     (109,748.87)        1,025.51      (108,723.36)      (59,138.31)        (83,327.40)
2032.............................................................     (109,748.87)        1,025.51      (108,723.36)      (55,269.44)        (80,900.39)
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total........................................................  ...............  ..............    (1,039,458.28)     (708,214.47)       (876,517.26)
                                                                  --------------------------------------------------------------------------------------
    Annualized...................................................  ...............  ..............  ................      (55,440.48)        (83,014.78)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note--Components may not add to the totals due to rounding.

    Now, we will repeat this process but for costs relative to our No 
Action baseline. Table 19 accounts for net private costs to industry 
and the pilotage associations relative to our No Action baseline. For 
the No Action period of analysis (2023-2032), we estimate the net 
private cost to industry to be ($834,809.05) discounted to 7 percent 
and ($118,858.03) annualized as summarized in table 19.

                                                         Table 19--Net Private Costs to Industry
                                                                [No action; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Removing
                                                                       monthly
                               Year                                  availability      Disputes     Net private cost     7-Percent         3-Percent
                                                                       reports
                                                                               [A]             [B]       [C = A + B]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.............................................................    ($118,894.61)           36.58     ($118,858.03)    ($111,082.27)      ($115,396.14)
2024.............................................................     (118,894.61)           36.58      (118,858.03)     (103,815.20)       (112,035.09)
2025.............................................................     (118,894.61)           36.58      (118,858.03)      (97,023.56)       (108,771.93)
2026.............................................................     (118,894.61)           36.58      (118,858.03)      (90,676.22)       (105,603.82)
2027.............................................................     (118,894.61)           36.58      (118,858.03)      (84,744.13)       (102,527.98)
2028.............................................................     (118,894.61)           36.58      (118,858.03)      (79,200.12)        (99,541.73)
2029.............................................................     (118,894.61)           36.58      (118,858.03)      (74,018.81)        (96,642.45)
2030.............................................................     (118,894.61)           36.58      (118,858.03)      (69,176.45)        (93,827.62)
2031.............................................................     (118,894.61)           36.58      (118,858.03)      (64,650.89)        (91,094.78)
2032.............................................................     (118,894.61)           36.58      (118,858.03)      (60,421.39)        (88,441.54)
                                                                  --------------------------------------------------------------------------------------
    Total........................................................  ...............  ..............    (1,188,580.28)     (834,809.05)     (1,013,883.09)
                                                                  --------------------------------------------------------------------------------------
    Annualized...................................................  ...............  ..............  ................     (118,858.03)       (118,858.03)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    Note that there are no costs to government relative to the No 
Action baseline, as costs associated with government review of both 
individual training plans and semiannual performance evaluation reports 
stem from 2018 informal guidance. Therefore, for the No Action period 
of analysis (2023-2032), we estimate the total net cost to be 
($834,809.05) discounted to 7 percent and ($118,858.03) annualized as 
summarized in table 20.

[[Page 81324]]



                                                                Table 20--Total Net Costs
                                                                [No action; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Net private    Net government  Total net annual
                               Year                                     costs            costs            costs          7-Percent         3-Percent
                                                                               [A]             [B]       [C = A + B]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023.............................................................     (118,858.03)            0.00      (118,858.03)     (111,082.27)       (115,396.14)
2024.............................................................     (118,858.03)            0.00      (118,858.03)     (103,815.20)       (112,035.09)
2025.............................................................     (118,858.03)            0.00      (118,858.03)      (97,023.56)       (108,771.93)
2026.............................................................     (118,858.03)            0.00      (118,858.03)      (90,676.22)       (105,603.82)
2027.............................................................     (118,858.03)            0.00      (118,858.03)      (84,744.13)       (102,527.98)
2028.............................................................     (118,858.03)            0.00      (118,858.03)      (79,200.12)        (99,541.73)
2029.............................................................     (118,858.03)            0.00      (118,858.03)      (74,018.81)        (96,642.45)
2030.............................................................     (118,858.03)            0.00      (118,858.03)      (69,176.45)        (93,827.62)
2031.............................................................     (118,858.03)            0.00      (118,858.03)      (64,650.89)        (91,094.78)
2032.............................................................     (118,858.03)            0.00      (118,858.03)      (60,421.39)        (88,441.54)
                                                                  --------------------------------------------------------------------------------------
    Total........................................................  ...............  ..............    (1,188,580.28)     (834,809.05)     (1,013,883.09)
                                                                  --------------------------------------------------------------------------------------
    Annualized...................................................  ...............  ..............  ................     (118,858.03)       (118,858.03)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding

    Table 21 gives a summary of the total net costs by baseline. The 
figures shown for each baseline are in 2022 dollars and are discounted 
at 7-percent.

               Table 21--Summary of Net Costs by Baseline
                             [2022 dollars]
------------------------------------------------------------------------
                                  Pre-guidance       No action baseline
                              baseline (2018-2032;       (2023-2032;
                                  discounted 7-         discounted 7-
                                    percent)              percent)
------------------------------------------------------------------------
 Net Private Costs to         Net Costs to          Net Costs to
 Industry.                     Industry:             Industry:
                               ($720,755.13).        ($834,809.05).
                              Annualized Net Costs  Annualized Net Costs
                               to Industry:          to Industry:
                               ($56,422.19).         ($118,858.03).
Net Costs to Government.....  Net Costs to          Net Costs to
                               Government:           Government: $0.00
                               $12,540.65.          Annualized Net Costs
                              Annualized Net Costs   to Government:
                               to Government:        $0.00.
                               $981.71.
Total Net Costs.............  Total Net Costs:      Total Net Costs:
                               ($708,214.47).        ($834,809.05).
                              Annualized Net        Annualized Net
                               Costs: ($55,440.48).  Costs:
                                                     ($118.858.03).
------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Benefits
    The Coast Guard also considered the benefits of this proposed rule 
relative to both the Pre-Guidance and No Action baselines. The Pre-
Guidance baseline refers to the state of the world prior to any 2018 
informal guidance. This baseline captures provisions from both the 2018 
informal guidance as well as the proposed rulemaking. Therefore, the 
Pre-Guidance period of analysis is 2018-2032. The No Action baseline 
refers to a world absent the proposed rulemaking. When referring to 
this baseline, we only measure the impact of new provisions stemming 
directly from the proposed rulemaking, relative to the current state of 
the world. The No Action baseline period of analysis is 2023-2032. For 
both baselines, the benefits are solely qualitative.
Benefits: Pre-Guidance Baseline
    There are qualitative benefits associated with both the 2018 
informal guidance as well as this proposed rulemaking. The overarching 
benefit is codifying current industry practices to foster transparency 
between Coast Guard regulations and the U.S. pilot associations. Many 
changes outlined in this rulemaking are meant to improve understanding 
by clarifying current CFR text or creating new regulatory text that 
outlines existing practices. This is especially true of the numerous 
administrative changes that result in no cost (outlined in table 5). 
Additionally, this rulemaking codifies and modifies some practices that 
predate 2018 guidance, to clarify the pilotage terms and practices used 
by the Coast Guard and U.S. pilot association operations. The Coast 
Guard outlines the qualitative benefits for items that have associated 
costs in our Pre-Guidance baseline.
Individual Training Plans
    Prior to 2018, associations used the same template plan for the 
entire district, rather than individualizing plans. Individualized 
training plans better ensure that Apprentice Pilots are gaining 
experience in all relevant transit areas, when compared to the prior 
template plans. This improves safety for the pilots and supports pilots 
during the training program by ensuring that Apprentice Pilots are 
qualified for Full Registration at the end of their training.
Semi-Annual Performance Evaluation Reports
    Requiring the associations to submit Semi-annual Performance 
Evaluation Reports allows the Coast Guard and the Director's office to 
better track the progression of the apprentice through the training 
program. The reports show (1) if an apprentice is meeting expectations 
and (2) if an apprentice is ultimately a good fit for the pilotage 
program. Where an apprentice does not meet these two conditions, 
reports help the Director more quickly determine if further training or 
dismissal from training is appropriate.
Removing Monthly Availability Reports
    Often availability reports do not communicate meaningful 
information

[[Page 81325]]

because in practice pilots are listed as always available if they need 
to be called in. Eliminating this requirement will benefit the pilots 
and apprentices through saved time, as shown in the discounted cost 
savings of ($835,065.99) over the 2018-2032 Pre-Guidance time horizon.
Disputes
    By changing ``in writing'' to ``official correspondence'' in Sec.  
401.431(b) for disputes, the Coast Guard provides more flexibility in 
how a dispute can be formally submitted. The proposed revisions to the 
regulatory text more explicitly outline that the letter expressing the 
dispute must include the vessel name, date of service, and reference 
number for the invoice/bill, the exact amount of dispute, regulatory 
citation for dispute, and the requested resolution. Outlining these 
requirements should result in a more standardized, higher-quality 
submission that expedites the Director's decision on the dispute 
leading to a quicker resolution for the submitter of the dispute.
Submission of Medical Certificates
    The proposed rulemaking aligns medical and vision requirements for 
Apprentice Pilots, United States Registered Pilots, and Temporary 
Registered pilots with the existing MMC medical certification 
standards. This proposed change was a recommendation from the Great 
Lakes Pilotage Advisory Committee in 2018. Therefore, this practice 
began in 2018. Alignment of these requirements would prevent confusion 
and avoid delays when submitting and processing an apprentice pilot's 
application.
    The Coast Guard recognizes that, per Executive Order 13563,\36\ 
agencies are called to quantify anticipated benefits ``as accurately as 
possible'' but may discuss benefits qualitatively when determining a 
numerical metric is not possible. Note that the proposed rulemaking 
does not inhibit the ability for industry, associations, or the Coast 
Guard to reap benefits that stem from prior guidance. The Coast Guard 
welcomes comments on any additional ways to evaluate these benefits.
---------------------------------------------------------------------------

    \36\ To access Executive Order 13573 (``Improving Regulation and 
Regulatory Review''), please see https://www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.
---------------------------------------------------------------------------

Benefits: No Action Baseline
    The No Action baseline highlights benefits that stem solely from 
the proposed rulemaking. Therefore, any benefits that are solely 
attributed to prior guidance will not be highlighted here. The No 
Action baseline refers to a world absent the proposed rulemaking. Since 
many provisions of this proposed rule codify industry practices that 
arose from previous guidance, the qualitative benefits of the No Action 
baseline are very similar to those of the Pre-Guidance baseline.
Removing Monthly Availability Reports
    Often, availability reports do not communicate meaningful 
information because in practice pilots are listed as always available 
if they need to be called in. Eliminating this requirement would 
benefit the pilots and apprentices through saved time, as shown in the 
discounted cost savings of ($835,065.99) over the 2023-2032 No Action 
time horizon.
Disputes
    By changing ``in writing'' to ``official correspondence'' in Sec.  
401.431(b) for disputes, the Coast Guard would provide more flexibility 
in how a dispute can be formally submitted. The proposed revisions to 
the regulatory text more explicitly outline that the letter expressing 
the dispute must include the vessel name, date of service, and 
reference number for the invoice/bill, the exact amount of dispute, 
regulatory citation for dispute, and the requested resolution. 
Outlining these requirements should result in a more standardized, 
higher-quality submission that expedites the Director's decision on the 
dispute leading to a quicker resolution for the submitter of the 
dispute.
    The Coast Guard recognizes that, per Executive Order 13563,\37\ 
agencies are called to quantify anticipated benefits ``as accurately as 
possible'' but may discuss benefits qualitatively when determining a 
numerical metric is not possible. Note that the proposed rulemaking 
does not inhibit the ability for industry, associations, or The Coast 
Guard to reap benefits that stem from prior guidance. The Coast Guard 
welcomes comments on any additional ways to evaluate these benefits.
---------------------------------------------------------------------------

    \37\ Ibid.
---------------------------------------------------------------------------

Alternatives Considered
    Alternative 1. The primary alternative to this rulemaking would be 
to take no action and not alter any of the processes for issuing 
Limited Registration. The Coast Guard rejected this alternative because 
it would leave outdated text in the CFR and perpetuate confusion as 
industry practices continue to evolve past what is detailed in current 
regulations.
    Alternative 2. The second alternative would require Apprentice 
Pilots to complete a test before receiving their Limited Registration. 
Currently, tests are only administered when a mariner tests to receive 
Full Registration, and tests are administered when test administrators 
are already in the area and can conduct a test for multiple Apprentice 
Pilots at once. Tests are administrated by the Great Lakes Pilotage 
Office at the nearest Coast Guard Regional Exam Center (REC) to the 
Apprentice Pilot, usually REC Toledo. The exam is administered 
individually to each Apprentice Pilot, and the answer sheet is returned 
to the Great Lakes Pilotage Office for grading.
    Adding tests for each Limited Registration would require the Coast 
Guard to generate a test for each area in which a Limited Registration 
is requested, because Limited Registrations are issued for specific 
geographic areas. The Coast Guard would then need to administer the 
generated test, requiring travel for both the test administrator and 
the test taker. The Coast Guard estimates there are an average of 17 
requests for Limited Registration annually. Each request would require 
1.5 to 4 hours of testing for both the test taker and the test 
administrator, with an average of 2 hours for each test.\38\ For both 
parties, the Coast Guard has decided to use the conservative estimate 
of 4 hours for the testing burden. In addition, both the test taker and 
test administrator must travel, which is an average of 2 hours for the 
test taker and 6 hours for the test administrator.\39\ The Coast Guard 
estimates an annual cost of $7,462.92 for test takers, using a loaded 
wage of $73.17 for test takers and assuming 4 hours for testing, 2 
hours for travel, and 17 tests annually.\40\ For test administration, 
the Coast Guard estimates an annual cost of $19,370.71, using a loaded 
wage of $113.95 for test administrators and assuming 4 hours for 
testing, 6 hours for travel, and 17 tests annually.\41\
---------------------------------------------------------------------------

    \38\ Phone communication with Marine Transportation Specialist 
of the Great Lakes Pilotage Division.
    \39\ Ibid.
    \40\ The base wage of captains, mates, and pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
    \41\ The loaded wage of $113.95 (rounded) comes from the base 
hourly wage of $68.55 for a GS-14 Step 5 from the DC region 
multiplied by a load factor of 1.66, per https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total 
hourly compensation for workers with master's degrees as shown in 
table 4, $74.80, by the average hourly wage for workers with 
master's degrees as shown in table 2, or $45.00. $74.80 / $45.00 = 
1.6622. See ``Comparing the Compensation of Federal and Private 
Sector Employees, 2011-2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf.

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[[Page 81326]]

    The Coast Guard rejected this alternative because it would increase 
the burden upon the pilots and the pilot associations without a 
commensurate increase in safety. The Coast Guard believes the 
documentation currently received from the pilots and the associations 
is adequate to determine if an Apprentice Pilot should be granted a 
Limited Registration.
    Alternative 3. The Coast Guard also considered removing the 
requirement for Apprentice Pilots to submit Performance Evaluation 
Reports semi-annually (for example, once at the end of the shipping 
season and once mid-season) to obtain a Limited Registration. Instead, 
the Coast Guard would only require Apprentice Pilots to submit a 
Performance Evaluation Report annually (i.e., only once at the end of 
the shipping season). The Coast Guard rejected this option because we 
do not believe that annual reporting alone would allow us to accurately 
evaluate the performance of an Apprentice Pilot, which could 
potentially contribute to a decrease in safety. The Coast Guard 
receives annual evaluations once a year, by January 15th. If an 
Apprentice Pilot requested a Limited Registration that required 
evidence of trips completed that were not included in the most recent 
performance evaluation, then the Coast Guard could not issue the 
limited endorsement. Using Semi-annual Performance Evaluation Reports 
allows greater flexibility in issuing Limited Registrations, as the 
Semi-annual Performance Evaluation Reports are more likely to have 
relevant and timely information to evaluate qualifications for Limited 
Registration. The semi-annual evaluations also allow for greater 
tailoring of training resulting in safer operations because performance 
in a particular area or on a particular route can be evaluated while 
there is time to increase focus on that area for the remaining trips to 
be completed for the season.
    Alternative 4. Preferred Alternative. The preferred alternative is 
the one put forth in this proposed rulemaking. The Coast Guard selected 
this alternative because it would be less costly than the other 
alternatives, give the Coast Guard more relevant and timely information 
to evaluate qualifications for Limited Registration, and update the CFR 
to remove outdated references.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed 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.
    The affected population for this proposed rule includes 51 U.S. 
Great Lakes pilots, 9 Apprentice Pilots, and 3 Temporary Registered 
Pilots, all represented by 3 pilot associations.
    The three associations are the St. Lawrence Seaway Pilots 
Association representing District One, the Lakes Pilot Association 
representing District Two, and the Western Great Lakes Pilots 
Association representing District Three. Together, the associations are 
jointly referred to as the Lake Carriers' Association. All these 
associations classify under the North American Industry Classification 
System (NAICS) Code 81391002 for Business Associations.\42\ The size 
standard for Business Associations of $8 million was current during the 
development of the 2023 annual ratemaking and utilized in the final 
rule (88 FR 12226).\43\ Based on revenue figures reported as part of 
the 2023 annual ratemaking, none of the associations have revenue under 
$8 million. To further analyze the impacts these associations may face, 
the Coast Guard is parsing this out based on the two baselines in the 
regulatory analysis. The figures referenced are discounted using a 7-
percent discount rate.
---------------------------------------------------------------------------

    \42\ NAICS codes were found using ReferenceUSA for the Lakes 
Pilot Association and the Lake Carrier's Association. Coast Guard 
assumes that the code for the joint association is representative of 
all associations.
    \43\ https://www.federalregister.gov/documents/2023/02/27/2023-03212/great-lakes-pilotage-rates-2023-annual-ratemaking-and-review-of-methodology.
---------------------------------------------------------------------------

    Under the Pre-Guidance baseline, the annualized cost to industry 
from the proposed rulemaking amounts to $8,948.49. This is not more 
than 1 percent of revenue for any of the associations and would be 
offset by the annualized cost savings under the same baseline of 
($65,370.68). Therefore, the annualized net cost to industry is 
($56,422.19) for the Pre-Guidance baseline's period of analysis.
    Relative to our No Action baseline, the annualized cost to industry 
from the proposed rulemaking amounts to $36.58. This is not more than 1 
percent of revenue for any of the associations and would be offset by 
the annualized cost savings under the same baseline of ($118,894.61). 
Therefore, the annualized net cost to industry is ($118,858.03) for 
costs relative to the No Action baseline's period of analysis.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this proposed rule would have a significant economic impact on 
it, please submit a comment to the docket at the address listed in the 
ADDRESSES section of this preamble. In your comment, explain why you 
think it qualifies and how and to what degree this proposed rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed rule or any policy or action of the 
Coast Guard.

D. Collection of Information

    This proposed rule would call for a revision to an existing 
collection of information under the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520. As defined in 5 CFR 1320.3(c), ``collection of 
information'' comprises reporting, recordkeeping, monitoring, posting, 
labeling, and other similar actions. The title and description of the 
information collections, a description of those who must collect the 
information, and an estimate of the total annual burden follow. The 
estimate covers the time for reviewing instructions, searching existing 
sources of data, gathering, and maintaining the data needed, and 
completing and reviewing the collection.
    Title: Great Lakes Pilotage.
    OMB Control Number: 1625-0086.

[[Page 81327]]

    Summary of the Collection of Information: The Director requires 
that pilot associations provide data relating to bridge hours; vessel 
delay, detention, cancellation, and movage; pilot travel; revenues; and 
pilot availability. This proposed rule adds additional collections 
which includes the collection of individual training plans and Semi-
annual Performance Evaluation Reports, codifies responses by Apprentice 
Pilots and Temporary Registered Pilots that were previously not 
detailed, and codifies disputes and dispute appeals on trip charges.
    Need for Information: Pursuant to 46 CFR part 404, the Director of 
the Great Lakes Pilotage is required to set pilotage rates on the Great 
Lakes. In meeting this requirement, the Director requires that pilot 
associations provide data relating to bridge hours; vessel delay, 
detention, cancellation, and movage; pilot travel; revenues; and pilot 
availability. The new information proposed to be collected in this rule 
assists in estimating the number of pilots that may be available in a 
season by accurately tracking their progress through training (training 
plans and performance evaluations).
    Proposed Use of Information: The Director of Great Lakes Pilotage 
uses the data stored in the Great Lakes Pilot Management System and on 
Form CG-4509 to carry out operational and ratemaking oversight of 
pilotage activities on the Great Lakes.
    Description of the Respondents: The respondents are mariners and 
pilots operating on the Great Lakes, and employees of the pilot 
associations. The population of mariners and pilots varies year to 
year. There are three pilot associations, representing each of the 
three pilotage districts: St Lawrence Seaway Pilots Association, Lakes 
Pilot Association, and Western Great Lakes Pilots Association, with the 
collective Lake Carrier's Association representing the three 
associations together.
    Number of Respondents: This proposed rule would increase the number 
of respondents by 9, comprising 6 Apprentice Pilots and 3 Temporary 
Registered Pilots.
    Frequency of Response: Individualized training plans would be 
submitted annually. Semi-annual Performance Evaluation Reports would be 
submitted twice annually with follow-up as needed. Applicant trainee 
applications would be submitted as needed,\44\ with 8 submitted 
annually on average. Written marine accidents would be submitted as 
necessary,\45\ with 3 submitted annually on average. Disputes and 
dispute appeals \46\ would be submitted as necessary, with 1 
anticipated annually per SME guidance.
---------------------------------------------------------------------------

    \44\ Applicant Trainees have already been submitting these, but 
the regulatory text did not reference Applicant Trainees 
specifically. These submissions pre-date any guidance issued in 2018 
and are not a result of this proposed rulemaking. The clarifying 
text proposed in this rulemaking (acts to codify a long-standing 
practice. For these reasons, this line item is only an information 
collection cost and not a regulatory cost present in the cost model.
    \45\ The submission requirement for written marine accident 
reports found in Sec.  401.260 originated in 31 FR 9065 (July 1, 
1966). Therefore, this is a longstanding requirement which was not 
previously captured in ICR 1625-0086. For this reason, this line 
item is only an information collection cost and not a regulatory 
cost present in the cost model. To access 31 FR 9065, see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf. 
Note the while reports of marine casualties are generally accounted 
for in ICR 1625-0001 (``Report of Marine Casualty & Chemical Testing 
of Commercial Vessel Personnel''), a Coast Guard SME confirmed the 
scope of the marine accident reports provided to the Director 
differs from those in 1625-0001. To access ICR 1625-0001, see 
https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202204-1625-009.
    \46\ Dispute appeals (found in 401.431(b)) originated in 29 FR 
10467 (July 28, 1964). Therefore, this is a longstanding requirement 
which was not previously captured in ICR 1625-0086. For this reason, 
this line item is only an information collection cost and not a 
regulatory cost present in the cost model. To access 31 FR 9065, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7.
---------------------------------------------------------------------------

    Burden of Response: Individualized training plans would take 2 
hours to submit, for an increased annual burden of 12 hours. Semi-
annual Performance Evaluation Reports would take 6 hours to submit, for 
an increased annual burden of 108 hours. The additional applications 
for the Applicant Trainees would take 30 minutes each to submit, for an 
increased annual burden of 4 hours. Written marine accident reports 
would take an hour to submit. for an increased annual burden of 3 
hours. Disputes would take 1 hour to submit, with an increased annual 
burden of 3 hours. Dispute appeals would take thirty minutes, with an 
increased annual burden of 1.5 hours.
    Estimate of Total Annual Burden: The total increase in burden from 
this proposed rule is 138 hours.
    As required by 44 U.S.C. 3507(d), we will submit a copy of this 
proposed rule to OMB for its review of the collection of information.
    We ask for public comment on the proposed collection of information 
to help us determine, among other things--
     How useful is the information;
     Whether the information can help us perform our functions 
better;
     How we can improve the quality, usefulness, and clarity of 
the information;
     Whether the information is readily available elsewhere;
     How accurate our estimate is of the burden of collection;
     How valid our methods are for determining the burden of 
collection; and
     How we can minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them to the docket where indicated under ADDRESSES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

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 proposed 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.
    In 46 U.S.C. 9303, Congress directs the Coast Guard to regulate 
Great Lakes pilot applicants' standards of competency, Certificates of 
Registration, duration of validity of registration, and the conditions 
for service by United States Registered Pilots, including availability 
for service. These regulations are issued pursuant to that statute and 
is preemptive of State law as specified in 46 U.S.C. 9306. Under 46 
U.S.C. 9306, a ``State or political subdivision of a State may not 
regulate or impose any requirement on pilotage on the Great Lakes.'' As 
a result, States or local governments are expressly prohibited from 
regulating within this category. Therefore, this proposed rule is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's reporting obligations, the Coast Guard recognizes the key role 
that State and local governments may have in making regulatory 
determinations. See Locke v.

[[Page 81328]]

United States, 529 U.S. 89, 115-16 (2000). Additionally, for rules with 
implications and preemptive effect, Executive Order 13132 specifically 
directs agencies to consult with State and local governments during the 
rulemaking process. If you believe this rule has implications for 
federalism under Executive Order 13132, please contact the person 
listed in the FOR FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates

    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 million (adjusted for 
inflation) or more in any one year. Although this proposed rule would 
not result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045 
(Protection of Children from Environmental Health Risks and Safety 
Risks). This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments), because it would 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 proposed 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 
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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 preliminary 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 preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.
    This proposed rule would be categorically excluded under paragraphs 
A3, L54 and L56 of Appendix A, table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. Paragraph A3 pertains to the promulgation of rules, 
issuance of rulings or interpretations, and the development and 
publication of policies, orders, directives, notices, procedures, 
manuals, advisory circulars, and other guidance documents of the 
following nature:
    (a) Those of a strictly administrative or procedural nature;
    (b) Those that implement, without substantive change, statutory or 
regulatory requirements;
    (c) Those that implement, without substantive change, procedures, 
manuals, and other guidance documents;
    (d) Those that interpret or amend an existing regulation without 
changing its environmental effect;
    (e) Technical guidance on safety and security matters; or
    (f) Guidance for the preparation of security plans.
    Paragraph L54 pertains to regulations which are editorial or 
procedural. Paragraph L56 pertains to regulations concerning the 
training, qualifying, licensing, and disciplining of maritime 
personnel.
    This proposed rule involves the potential amendment of certain 
Great Lakes Pilotage regulatory requirements to align them with current 
Coast Guard and U.S. pilot association operations and related pilotage 
practices. In particular, this proposed rule would add or amend 
definitions for pertinent terms in order to clarify the different 
phases of training and registrations for pilots who work on the Great 
Lakes. All of these changes are consistent with the Coast Guard's 
maritime safety missions. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

List of Subjects

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 402

    Great Lakes, Navigation (water), Seamen.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 46 CFR parts 401 and 402 as follows:

Title 46--Shipping

PART 401--GREAT LAKES PILOTAGE REGULATIONS

0
1. The authority citation for part 401 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 2104(a), 6101, 7701, 8105, 9303, 
9304; DHS Delegation No. 00170.1, Revision No. 01.3, paragraph 
(II)(92)(a), (92)(d), (92)(e), (92)(f).

[[Page 81329]]

Sec.  401.100  [Amended]

0
2. In Sec.  401.100, remove the words ``pools by voluntary associations 
of United States registered pilots and the establishment of rates, 
charges, and other conditions or terms for services performed by 
registered pilots'' and add, in their place, the words ``pilotage pools 
by voluntary associations of United States Registered Pilots and the 
establishment of rates, charges, and other conditions or terms for 
services performed by United States Registered Pilots''.
0
3. Revise Sec.  401.110 to read as follows:


Sec.  401.110  Definitions.

    As used in this chapter:
    Act means the Great Lakes Pilotage Act of 1960, as amended (Pub. L. 
86-555, 74 Stat. 259-262; 46 U.S.C. 216 through 216i).
    Applicant means a person who has submitted a Form CG-4509 to the 
Director of Great Lakes Pilotage (``Director''), to be considered for 
placement in an approved U.S. Great Lakes pilot training and 
qualification program at one of the established pilotage pools.
    Applicant Trainee means a person approved by the Director who is 
participating in an approved U.S. Great Lakes pilot training and 
qualification program. This individual meets the minimum requirements 
listed in 46 CFR 401.214 but does not have the necessary service or 
experience on their MMC in the Great Lakes to qualify as an Apprentice 
Pilot. The Applicant Trainee is not eligible for a Limited or Temporary 
Registration.
    Apprentice Pilot means a person approved by the Director who is 
participating in an approved U.S. Great Lakes pilot training and 
qualification program. This individual meets all the minimum 
requirements listed in 46 CFR 401.211.
    Association means any organization that holds a Certificate of 
Authorization issued by the Director to operate a pilotage pool on the 
Great Lakes.
    Canadian Registered Pilot means a person, other than a member of 
the regular complement of a vessel, who holds an appropriate Canadian 
license issued by an agency of Canada, and is registered by a 
designated agency of Canada on substantially the same basis as 
registration under the provisions of Subpart B of this part.
    Chemical test means a scientifically recognized test that analyzes 
an individual's breath, blood, urine, saliva, bodily fluids, or tissues 
for evidence of dangerous drug or alcohol use.
    Commandant means Commandant (CCG), Attn: Commandant, U.S. Coast 
Guard Stop 7000, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7000.
    Comparable experience means knowledge and previous performance that 
is similar to the knowledge and technical skills obtained by serving as 
an officer on vessels of at least 4,000 gross tonnage. Training and 
experience while participating in a pilot training program of an 
authorized pilot organization is considered equivalent on a day for day 
basis to experience as an officer on a vessel. The training program of 
the authorized pilot organization must, however, include regularly 
scheduled trips on vessels of at least 4,000 gross tonnage or over in 
the company of a United States Registered Pilot.
    Director means Director, Great Lakes Pilotage. Communications with 
the Director may be sent to the following address: Director, Great 
Lakes Pilotage, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. 
Avenue SE, Washington, DC 20593-7509.
    Full Registration is the issuance of a Certificate of Registration, 
by the Director, to an Apprentice Pilot who meets all the requirements 
in 46 CFR 401.210 and 401.211 and completes all the requirements in 46 
CFR 402.210 and 402.220 and so becomes a United States Registered 
Pilot.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the St. Lawrence River 
as far east as Saint Regis, and adjacent port areas.
    Gross Tonnage or GT means the gross tonnage measurement of the 
vessel under 46 U.S.C. chapter 143, Convention Measurement.
    Individual Training Plan is an outline of specific requirements 
reviewed and approved by the Director for an Apprentice Pilot, 
including but not limited to the length of time to complete the 
training, the minimum number of round trips required, the association's 
determination of proficiency, the officer endorsement on the MMC, and 
the Apprentice Pilot's pilotage experience on the Great Lakes. The plan 
communicates the qualifications and demonstrates skills the mariners 
must complete to meet the proficiency requirements for which the 
mariner is training.
    Limited Registration is an authorization issued by the Director, 
upon the request of the respective pilot association, to an Apprentice 
Pilot to provide pilotage service without direct supervision from a 
United States Registered Pilot or Temporary Registered Pilot in a 
specific area or waterway.
    Marine accident is any of the following that occurs while a U.S. 
Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited 
Registration, or Temporary Registration Pilot is providing pilotage 
services in U.S. or Canadian waters:
    (a) Any allision or collision;
    (b) Any grounding;
    (c) A loss of main propulsion, primary steering, or any associated 
component or control system that, due to its duration or other 
circumstance, significantly impacts the maneuverability of the vessel;
    (d) An occurrence, directly related to the provision of pilotage 
services, involving significant harm to the environment as defined in 
46 CFR 4.03-65 (including Canadian waters); or
    (e) Any other incident, directly related to the provision of 
pilotage services, causing property damage in excess of $75,000 
(including the cost of labor and material to restore the property to 
its condition before the incident, but excluding the cost of such 
things as salvage, cleaning, gas-freeing, drydocking, or demurrage).
    Merchant mariner credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
    Minimum number of round trips is the fewest number of successful 
round trips an Apprentice Pilot must perform under the direct 
supervision of a fully registered United States Registered Pilot or 
Temporary Registered Pilot, according to their individual training 
plan. 46 CFR 402.220 contains the minimum number of round trips for 
certain officer endorsements.
    Officer endorsement means an annotation on an MMC that allows a 
mariner to serve in the capacities listed in 46 CFR 10.109.
    Person means an individual, pilot, partnership, corporation, 
association, voluntary association, authorized pilotage pool, or public 
or private organization, other than a government agency.
    Pilotage pool means an organization holding a Certificate of 
Authorization issued by the Director to provide pilotage services.
    Rate computation definitions to determine Weighting Factors:
    (a) Length means the distance between the forward and after 
extremities of the ship.

[[Page 81330]]

    (b) Breadth means the maximum breadth to the outside of the shell 
plating of the ship.
    (c) Depth means the vertical distance at amidships from the top of 
the keel plate to the uppermost continuous deck, fore and aft, and 
which extends to the sides of the ship. The continuity of a deck is not 
considered to be affected by the existence of tonnage openings, engine 
spaces, or a step in the deck.
    Round trip means providing pilotage service, in both directions, 
from one change point to another change point, or inbound and outbound 
in a port designated by an authorized pilotage pool.
    Secretary means the Secretary of the department in which the Coast 
Guard is operating.
    Semi-annual Performance Evaluation Report is an assessment 
performed on an Apprentice Pilot twice a year, by the association, to 
report the Apprentice Pilot's progress in the approved U.S. Great Lakes 
pilot training and qualification program at the established pilotage 
pool.
    Temporary Registered Pilot means a person who is issued a Temporary 
Registration by the Director in accordance with 46 CFR 401.222. A 
Temporary Registered Pilot holds a valid MMC, meets the requirements of 
Sec.  401.222, has previously held a Full Registration, is requested to 
provide pilotage services by the pilotage association, and has either:
    (a) Reached the age of 70 and desires to continue providing 
pilotage services; or
    (b) Retired from pilotage service and desires to provide pilotage 
services.
    United States Registered Pilot or U.S. Registered Pilot means a 
person, other than a member of the regular complement of a vessel, who 
holds an MMC with an officer endorsement authorizing navigation on the 
Great Lakes and suitably endorsed for pilotage on areas and routes 
specified therein, issued under the authority of the provisions of 
Title 46 of the United States Code, and who also currently holds a 
Certificate of Registration ID card under the provisions of Subpart B 
of this part.


Sec.  401.120  [Amended]

0
4. Amend Sec.  401.120 as follows:
0
a. In the first sentence, remove the word ``shall'' and add, in its 
place, the word ``may''.
0
b. In the second sentence, remove the word ``Arrangements'' and add, in 
its place, the word ``Understanding''.
0
5. Revise Sec.  401.200 to read as follows:


Sec.  401.200  Application for registration.

    An application for registration as a U.S. Registered Pilot must be 
made on Form CG-4509, which must be submitted via email to: 
[email protected]; or by physical mail to: Great Lakes 
Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, 
Washington, DC 20593-7509. This form may be obtained from the Director.
0
6. Amend Sec.  401.210 as follows:
0
a. Revise the section heading and paragraph (a); and
0
b. In paragraph (b), remove the word ``shall'' and add, in its place, 
the word ``will''.
    The revisions read as follows:


Sec.  401.210  Requirements and qualifications for to be fully 
registered.

    (a) No person may be fully registered as a United States Registered 
Pilot unless:
    (1) The individual holds an MMC with an officer endorsement as a 
master, mate, or pilot, issued under the provisions of subpart B of 46 
CFR part 11, and has acquired at least twenty-four months service as a 
deck officer or comparable experience on vessels or integrated tug and 
barge, of at least 4,000 gross tonnage, operating on the Great Lakes or 
oceans. Those applicants qualifying with other than Great Lakes service 
must have obtained at least 6 months of service as a deck officer or 
comparable experience on the Great Lakes. Those applicants qualifying 
with comparable experience must have served a minimum of twelve months 
as a deck officer under the authority of their MMC.
    (2) The individual is a citizen of the United States.
    (3) The individual is of good moral character and temperate habits.
    (4) The individual is physically competent to perform the duties of 
a U.S. Registered Pilot and meets the applicable medical requirements 
and standards prescribed by the Commandant in subpart C of 46 CFR part 
10.
    (5) The individual has not reached the age of 70.
    (6) The individual agrees to be available for service under the 
terms and conditions as may be approved or prescribed by the 
Commandant.
    (7) The individual has complied with the requirements set forth in 
Sec.  401.220(b) for Apprentice Pilots.
    (8) The individual meets the chemical testing requirements as 
defined in 46 CFR part 16.
    (9) The individual agrees to comply with all applicable provisions 
of this part and amendments thereto.
* * * * *
0
7. Revise Sec.  401.211, including the section heading, to read as 
follows:


Sec.  401.211  Requirements for training of Apprentice Pilots and 
Limited Registration Authorization.

    (a) The Director will determine the number of Apprentice Pilots 
required to be in training by each association authorized to form a 
pilotage pool in order to assure an adequate number of United States 
Registered Pilots.
    (b) No Apprentice Pilot will be selected for training unless:
    (1) The individual meets the requirements and qualifications set 
forth in paragraphs (a)(1) through (4), (6), (8), and (9) of Sec.  
401.210.
    (2) The individual must not have reached the age of 60.
    (3) The individual possesses a radar observer (unlimited) 
endorsement on their MMC in accordance with Sec.  11.480.
    (c) For purpose of determining whether an applicant meets the 
experience requirements contained in Sec.  401.210(a)(1), not more than 
twelve months of ``comparable experience'' may be used in fulfilling 
the twenty-four-month experience requirement.
    (d) The Director must approve the United States Registered Pilots 
or Temporary Registered Pilots designated by the authorized pilot 
organization to provide training to those pilots in training to be 
United States Registered Pilots.
    (e) Persons desiring to be considered as an Apprentice Pilot must 
file with the Director a completed Application Form CG-4509 by email 
to: [email protected]; or by mail to: Great Lakes Pilotage 
Office, 2703 Martin Luther King Jr. Ave. SE, Mail Stop 7509, 
Washington, DC 20593-7509. Upon the request of the Director, the person 
desiring to be considered as an Apprentice Pilot must submit two full-
face passport style photographs, signed on the photo, vertically, as 
close to the head as possible.
    (f) Applicants meeting the minimum requirements of this section who 
are both selected by the association and approved by the Director will 
be issued a U.S. Coast Guard Apprentice Pilot Identification Card. Such 
Card is valid until such time as:
    (1) The expiration of a term determined by the Director;
    (2) The Apprentice Pilot is registered as a pilot under Sec.  
401.210;
    (3) The Apprentice Pilot withdraws from the training program; or
    (4) The card is ordered withdrawn by the Director.

[[Page 81331]]

    (g) The Apprentice Pilot must have a Director-approved individual 
training plan. The Apprentice Pilot, along with the pilotage 
association, will record all their round trips, as per their individual 
training plan, and provide this information to the Director for review. 
Round trips completed as an Apprentice Pilot will count toward Full 
Registration.
    (h) The appropriate pilot association must perform a Semi-annual 
Performance Evaluation Report on the Apprentice Pilot twice a year, to 
assess the Apprentice Pilot's progress in the approved U.S. Great Lakes 
pilot training and qualification program at the established pilotage 
pool. The evaluation must be submitted to the Director by August 15 and 
January 15 of each year. The report should provide a recommendation to 
the Director on whether to keep the Apprentice Pilot in the training 
program.
    (i) The Apprentice Pilot must be enrolled in the association's 
chemical testing program. The chemical testing program must meet the 
requirements of 46 CFR part 16. For the purposes of this Part, the 
association is deemed to be the Sponsoring Organization.
    (j) To facilitate the training of the Apprentice Pilot, the 
Director may authorize Limited Registration to the Apprentice Pilot, 
upon the request from the pilot association. The Apprentice Pilot 
obtains a Limited Registration by completing and recording the 
requirements set forth in Sec.  401.220(b)(1). Limited Registration 
periods will not exceed 6 months before the need to request a renewal; 
the specific period is determined by the Director per 46 CFR 
401.110(9). The Apprentice Pilot must maintain a favorable performance 
evaluation via their Semi-annual Performance Evaluation Reports and the 
Director must determine a need for the pilot. At any time, this 
authorization may be revoked at the discretion of the Director.
    (k) An Apprentice Pilot may be eligible for a Certificate of 
Registration, after:
    (1) The mariner completes an approved U.S. Great Lakes pilot 
training and qualification program in one of the Great Lakes' pilot 
associations;
    (2) The appropriate pilot association gives the mariner a positive 
endorsement;
    (3) The mariner passes the Director's exam; and
    (4) The Director determines that the association needs an 
additional pilot.
0
8. Add new Sec.  401.214 to read as follows:


Sec.  401.214  Training requirements for Applicant Trainees.

    (a) The Director will determine the number of Applicant Trainees 
required to be in training by each association authorized to form a 
pilotage pool in order to assure an adequate number of United States 
Registered Pilots.
    (b) No Applicant Trainee may be selected for training unless:
    (1) The individual meets the requirements and qualifications set 
forth in paragraphs (a)(2) through (4), (6), (8), and (9) of Sec.  
401.210.
    (2) The individual must not have reached the age of 60.
    (3) The individual possesses a radar observer (unlimited) 
endorsement on their MMC in accordance with Sec.  11.480.
    (c) An individual with other than Great Lakes service must obtain 
at least 6 months of service as a credentialed officer, or comparable 
experience, on the Great Lakes with the pilot association in the 
District waters assigned before they are eligible to become an 
Apprentice Pilot. Round trips and related activities completed during 
this training phase will not count towards Full Registration.
    (d) The Director must approve the United States Registered Pilots 
or Temporary Registered Pilots that are designated by the authorized 
pilot organization to provide training to those pilots that are in 
training to be United States Registered Pilots.
    (e) Persons desiring to be considered as an Applicant Trainee must 
file with the Director a completed Application Form CG-4509 via email 
to: [email protected] or by mail to: Great Lakes Pilotage 
Office, 2703 Martin Luther King Jr. Ave. SE, Mail Stop 7509, 
Washington, DC 20593-7509. Upon the request of the Director, the person 
desiring to be considered as an Applicant Trainee must submit two full-
face passport style photographs, signed on the photo, vertically, as 
close to the head as possible.
    (f) Applicants must meet the pre-employment chemical testing 
requirements as defined in 46 CFR 16.210.
    (g) Applicants meeting the minimum requirements of this section who 
are both selected by the association and approved by the Director will 
be issued a U.S. Coast Guard Applicant Trainee Identification Card. 
Such Card is valid until such time as:
    (1) The expiration of a term determined by the Director;
    (2) The Applicant Trainee is registered as an Apprentice Pilot 
under Sec.  401.211;
    (3) The Applicant Trainee withdraws from the training program; or
    (4) The card is ordered withdrawn by the Director.
0
9. Amend Sec.  401.220 as follows:
0
a. In the introductory text of paragraph (a), remove the word ``shall'' 
and add, in its place, the word ``must'';
0
b. Revise paragraphs (b), (c), and (d); and
0
c. Remove paragraph (e).
    The revisions read as follows:


Sec.  401.220  Registration of pilots.

* * * * *
    (b) Registration of pilots must be made from among those Apprentice 
Pilots who have:
    (1) Completed the minimum number of round trips prescribed by the 
Commandant over the waters for which application is made on oceangoing 
vessels, in company with a United States Registered Pilot or Temporary 
Registered Pilot, and in accordance with the Apprentice Pilot's 
approved individual training plan;
    (2) Completed the approved course of instruction for Apprentice 
Pilots prescribed by the association authorized to establish the 
pilotage pool; and
    (3) After completing the requirements in paragraphs (b)(1) and (2) 
of this section, satisfactorily completed a written examination 
prescribed by the Director, evidencing their knowledge and 
understanding of the Great Lakes Pilotage Act of 1960, Great Lakes 
Pilotage Regulations, Rules and Orders; the Memorandum of 
Understanding, Great Lakes Pilotage, between the United States and 
Canada; and other related matters including the working rules and 
operating procedures of the district, given at such time and place as 
the Director may designate within the pilotage district of the 
Apprentice Pilot.
    (c) The pilot association authorized to establish a pilotage pool 
in which an Apprentice Pilot has qualified for registration under 
paragraph (b) of this section must submit to the Director in writing 
its recommendations together with its reasons for or against the 
registration of the Apprentice Pilot.
    (d) Subject to the provisions of paragraphs (a), (b), and (c) of 
this section, an Apprentice Pilot found to be qualified under this 
subpart may be considered fully registered and issued a Certificate of 
Registration, valid for a term of five (5) years or until the 
expiration of their master's, mate's, or pilot's endorsement, or until 
the pilot reaches age 70, whichever occurs first.
0
10. Add a new Sec.  401.222 to read as follows:


Sec.  401.222  Temporary Registered Pilots on the Great Lakes.

    (a) The Director may, when necessary to ensure safe, efficient, and 
reliable

[[Page 81332]]

pilotage service for maritime commerce, issue a Temporary Registration 
to any person found qualified under this subpart who:
    (1) Holds a valid MMC;
    (2) Meets the requirements of 46 CFR 401.210 (except paragraph 
(a)(5));
    (3) Has previously held a Full Registration;
    (4) Meets the requirements of 46 CFR part 16;
    (5) Is requested by the pilotage association; and
    (6) Either:
    (i) Has reached the age of 70 and desires to continue providing 
pilotage services; or
    (ii) Has retired from pilotage service and desires to provide 
pilotage services.
    (b) A Temporary Registration is valid for a length of time to be 
determined by the Director, but not to exceed one year from the date of 
issuance.
0
11. Revise Sec.  401.230 to read as follows:


Sec.  401.230  Certificates of Registration.

    (a) A Certificate of Registration must describe the areas and 
routes of the Great Lakes within which the pilot is authorized to 
perform pilotage services and such description must be consistent with 
the terms of the pilotage authorization in their masters, mates, or 
pilot's endorsement issued under the authority of Title 46 of the 
United States Code.
    (b) A Certificate of Registration does not authorize the holder to 
board any vessel, or to serve as a pilot of any vessel, without the 
permission of the owner or master. A Certificate of Registration must 
be in the possession of a pilot at all times when they are in the 
service of a vessel, and must be displayed upon demand of the owner or 
master, any United States Coast Guard officer or inspector, or a 
representative of the Director.
    (c) A Certificate of Registration evidencing registration of the 
holder is the property of the U.S. Coast Guard and it may not be 
pledged, deposited, or surrendered to any person except as authorized 
by this part. A Certificate of Registration may not be copied or 
digitally reproduced, or be used to make a facsimile or Photostat. A 
Certificate which has expired without renewal, or renewal of which has 
been denied under the provisions of this section, must be surrendered 
to the Director upon demand.
    (d) An application for a replacement of a lost, damaged, or defaced 
Certificate of Registration must be submitted to the Director, on a 
Form CG-4509, together with two full-face passport style photographs, 
signed on the photo, vertically, as close to the head as possible. A 
replacement fee of five dollars ($5) by check or money order, drawn to 
the order of the U.S. Coast Guard, must accompany any such application. 
A Certificate issued as a replacement for a lost, damaged, or defaced 
Certificate will be marked so as to indicate that it is a replacement. 
Upon receipt of a Certificate issued as a replacement, the damaged or 
defaced Certificate must be surrendered to the Director.
    (e) A Certificate of Registration may be voluntarily surrendered to 
the Director by a U.S. Registered Pilot at any time such pilot no 
longer desires to perform pilotage services; however, in the event such 
U.S. Registered Pilot has been served with a notice of hearing pursuant 
to Sec.  401.250, a voluntary surrender of the Certificate of 
Registration will be at the option of the Director.
0
12. Amend Sec.  401.240 as follows:
0
a. Revise paragraphs (a), (b), and (d); and
0
b. In paragraphs (c) and (e), remove the word ``shall'' wherever it 
appears and add, in its place, the word ``must''.
    The revisions read as follows:


Sec.  401.240  Renewal of Certificates of Registration.

    (a) An application for renewal of a Certificate of Registration 
must be submitted to the Director, on a Form CG-4509, together with two 
full-face passport style photographs, signed on the photo, vertically, 
as close to the head as possible, at least 15 days before the 
expiration date of the existing Certificate. The form for renewal of 
Certificates of Registration may be obtained from the Director. A 
renewal fee of five dollars ($5) by check or money order, drawn to the 
order of the U.S. Coast Guard, must accompany an application for 
renewal of registration, which will be refunded if registration is not 
renewed. Failure of a U.S. Registered Pilot to comply with these 
requirements or file a complete and sufficient application may 
constitute cause for denying renewal of the Certificate of 
Registration.
    (b) No Certificate of Registration will be renewed unless the 
applicant for renewal meets the requirements and qualifications set 
forth in Sec.  401.210 for issuance of an original Certificate of 
Registration, excepting that compliance with Sec.  401.210(a)(4) is not 
required if the examination was satisfactorily passed on a previous 
application for registration within six (6) months next preceding the 
date of application for renewal.
* * * * *
    (d) In any case in which the applicant has made timely and 
sufficient application for renewal of his registration, no such 
registration will expire until such application has been finally 
determined by the Director unless the public health, interest, or 
safety requires otherwise.
* * * * *
0
13. Amend Sec.  401.250 as follows:
0
a. In paragraph (a), add the word ``A'' before the word 
``Certificate''; and
0
b. Revise paragraph (d).
    The revision reads as follows:


Sec.  401.250  Suspension and revocation of Certificates of 
Registration.

* * * * *
    (d) Every U.S. Registered Pilot must, whenever their MMC officer 
endorsement is revoked or suspended under the provisions of part 5 of 
this title, deliver their Certificate of Registration simultaneously 
with their MMC to the U.S. Coast Guard. If the officer endorsement is 
suspended, the Certificate of Registration will be held with the 
suspended officer endorsement and returned to the holder upon 
expiration of the suspension period.
0
14. Revise Sec.  401.260 to read as follows:


Sec.  401.260  Reports.

    (a) A marine accident which occurs while a United States Registered 
Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or 
Temporary Registered Pilot is providing pilotage service to a vessel in 
U.S. or Canadian waters of the Great Lakes must be reported in writing 
by the pilot to the Director as soon as possible, but not later than 15 
days after the accident. The written report must include:
    (1) Name and description of the vessel or vessels involved;
    (2) Description of the accident;
    (3) Type of accident;
    (4) Location;
    (5) Time of occurrence;
    (6) Prevailing weather;
    (7) Results of the pilot's post-casualty drug and alcohol test, if 
required;
    (8) Damage to the vessel or vessels or property; and
    (9) Injury to persons or lives lost.
    (b) The report in paragraph (a) of this section does not relieve 
the pilot or others of responsibility for submitting any report 
required by other Coast Guard regulations or other government agencies 
of the United States or Canada.
    (c) Every United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, and Temporary Registered 
Pilot must file with the Director any change of their mailing address, 
email address, or

[[Page 81333]]

phone number within 15 days after the change.
0
15. Amend Sec.  401.300 as follows:
0
a. In paragraph (a), remove the text ``U.S. registered pilots will be 
authorized to establish a pool'' and add, in its place, the words 
``United States Registered Pilots will be authorized to establish a 
pilotage pool''; and
0
b. Revise the section heading and paragraph (b).
    The revisions read as follows:


Sec.  401.300  Authorization for establishment of pilotage pools.

* * * * *
    (b) The Director must determine the number of pilotage pools that 
will be authorized for establishment by voluntary associations of 
United States Registered Pilots in order to assure adequate and 
efficient pilotage services for the United States waters of the Great 
Lakes.
0
16. Revise the heading and introductory text to Sec.  401.310 to read 
as follows:


Sec.  401.310  Application for establishment of pilotage pools.

    An application by a voluntary association for authorization to 
establish a pilotage pool must be filed on the form to be obtained from 
the Director. The form must require, among other things, furnishing of 
the following information:
* * * * *
0
17. Amend Sec.  401.320 as follows:
0
a. Revise the section heading, the introductory text, and paragraph 
(d)(6); and
0
b. In paragraph (d)(5), add the word ``pilotage'' before the word 
``pools''.
    The revisions read as follows:


Sec.  401.320  Requirements and qualifications for authorization to 
establish pilotage pools.

    No voluntary association will be authorized to establish a pilotage 
pool unless:
* * * * *
    (d) * * *
    (6) It will coordinate on a reciprocal basis its pilotage pool 
operations with similar pilotage pool arrangements established by the 
Canadian Government and pursuant to the provisions of the United 
States-Canada Memorandum of Understanding, Great Lakes Pilotage, or any 
other arrangements established by the United States and Canadian 
Governments.
0
18. Amend Sec.  401.330 as follows:
0
a. In paragraph (a), add the word ``pilotage'' before the word 
``pool''; and
0
b. Revise paragraph (b).
    The revision reads as follows:


Sec.  401.330  Certificates of Authorization.

* * * * *
    (b) A Certificate of Authorization must be in such form as the 
Director may prescribe, but must describe the area of the Great Lakes 
in which the pilotage pool will perform pilotage services. A 
Certificate of Authorization must be posted in the principal place of 
business of an association in such manner so as to be available for 
examination by members of the association and the public.


Sec.  401.335  [Amended]

0
19. Amend Sec.  401.335 as follows:
0
a. In paragraphs (c) and (e), remove the word ``shall'' and add, in its 
place, the word ``must''; and
0
b. In paragraph (d), remove the word ``shall'' and add, in its place, 
the word ``will''.
0
20. Amend Sec.  401.340 as follows:
0
a. Revise the section heading and paragraphs (a) and (c); and
0
b. In paragraph (b), add the word ``pilotage'' before the word ``pool'' 
wherever it appears.
    The revisions read as follows:


Sec.  401.340  Compliance with working rules of pilotage pools.

    (a) United States or Canadian Registered Pilots utilizing the 
facilities and dispatching services of any authorized pilotage pool 
must comply with its working rules approved under Sec.  402.320, except 
to the extent inconsistent with the dispatch orders of the Director 
under Sec.  401.720(b), and with other rules of the pilotage pool that 
are related to those facilities and services.
* * * * *
    (c) United States Registered Pilots who fail to execute such an 
authorization will not be considered members of the U.S. pilotage pool, 
and are not entitled to reciprocal dispatching and related services by 
United States and Canadian pilotage pools as provided for by the 
Memorandum of Understanding. A United States Registered Pilot who fails 
or refuses to avail themselves of the established facilities and 
services will be considered as not being continuously available for 
service pursuant to section 4(a) of the Great Lakes Pilotage Act of 
1960 (46 U.S.C. 216 through 216i) and their agreement executed on the 
Application for Registration as a United States Registered Pilot, and 
may be subject to suspension or revocation proceedings as prescribed by 
Sec.  401.250.


Sec.  401.400  [Amended]

0
21. In Sec.  401.400, amend the introductory text by removing the word 
``shall'' and adding, in its place, the word ``must''.
0
22. Amend Sec.  401.420 as follows:
0
a. In paragraph (a)(3), remove the word ``movage'' and add, its place, 
the word ``transit''; and
0
b. Revise paragraph (c).
    The revision reads as follows:


Sec.  401.420  Cancellation, delay, or interruption in rendition of 
services.

* * * * *
    (c) Between the dates of May 1 and November 30, a vessel or owner 
is not liable for charges under paragraphs (a)(1) or (2) of this 
section, if the interruption or detention was caused by ice or weather 
as determined by the vessel master and the United States Registered 
Pilot, Apprentice Pilot with Limited Registration, or Temporary 
Registered Pilot authorized to provide pilotage services to the vessel. 
When possible, the determination to interrupt, detain, or delay the 
vessel due to ice or weather should be made prior to the pilot 
departing for the vessel.
* * * * *
0
23. Revise Sec.  401.425 to read as follows:


Sec.  401.425  Provision for additional pilot.

    The Director may require the assignment of two pilots to a ship 
upon request of the ship or when the Director deems it necessary for 
the safe navigation of the ship, because of anticipated long transit, 
uncommon ship size, adverse weather or sea conditions or other abnormal 
circumstances. The charge to the ship will be twice the appropriate 
charge provided for in Sec. Sec.  401.405, 401.407, 401.410, and 
401.420. Each situation will be evaluated on a case-by-case basis. This 
authorization may occur at the opening and closing of the shipping 
season for a defined time period based upon the availability of the 
aids to navigation, ice conditions, weather forecasts, and other 
relevant information.


Sec.  401.427  [Amended]

0
24. Amend Sec.  401.427 by removing the word ``shall'' and adding, in 
its place, the word ``must''.
0
25. Revise Sec.  401.430 to read as follows:


Sec.  401.430  Prohibited charges.

    No rate or charge may be applied against any vessel, owner or 
master thereof, by a United States Registered Pilot that differs from 
the rates and charges set forth in this part, nor may any rates or 
charges be made for services performed by a United States Registered 
Pilot, or for support services directly related to the provision of 
pilotage that a United States Registered Pilot requires

[[Page 81334]]

a vessel to utilize, other than those for which a rate is prescribed in 
this part, without the approval of the Director.
0
26. Revise Sec.  401.431 to read as follows:


Sec.  401.431  Disputed charges.

    (a) Any rate or charge applied against any vessel, owner, or master 
thereof by a registered pilot or pilot association that the owner or 
master disputes as a charge prohibited by Sec.  401.430 may be appealed 
to the Director, within 60 business days of the date the pilot 
association issues the bill, for an advisory opinion as to whether such 
rate or charge is a prohibited charge.
    (b) The appeal must be official correspondence from either the 
vessel owner, vessel charterer, or an agent or employee empowered to 
speak on behalf of the owner or charterer. The appeal must be supported 
by evidence that a reasonable attempt has been made to resolve the 
matter between the parties and that a bona fide controversy exists. The 
correspondence must articulate the following:
    (i) Vessel name, date of service, and reference number for the 
invoice/bill;
    (ii) Exact amount of dispute;
    (iii) Regulatory citation for dispute; and
    (iv) Requested resolution.
    (c) The pilot association must be furnished with a copy of the 
appeal and be notified by the owner or charterer that the matter has 
been appealed for an advisory opinion.
    (d) The pilot association must be allowed 20 business days from 
receiving the notice of appeal in which to provide any data or 
arguments desired to be submitted in further defense of the disputed 
charges.
    (e) The Director must consider all relevant matters presented and 
issue an advisory opinion within 30 business days of receiving the 
pilot association's submission(s) per paragraph (d) of this section. 
The advisory opinion must set forth the rates and charges in dispute, a 
discussion of the facts and relevant information considered, and a 
statement of opinion.
    (f) When the opinion of the Director is that the disputed rates or 
charges are prohibited by Sec.  401.430, the respondent must refund 
moneys, adjust invoices, and otherwise conform to the advisory opinion 
within thirty (30) business days.
    (g) Failure or refusal to comply with the advisory opinion within 
the time allowed may form a basis for a determination that there is a 
violation of the Great Lakes Pilotage Regulations subject to the 
provisions of Sec.  401.500.
    (h) The pilot association or vessel owner may appeal the advisory 
opinion to the Director of Marine Transportation Systems (CG-5PW), no 
later than 10 business days after receiving the advisory opinion, for a 
final adjudication.
0
27. Amend Sec.  401.450 as follows:
0
a. In the introductory text, remove the words ``he is'' and add, in 
their place, the words ``the pilot is'';
0
b. Revise paragraph (b);
0
c. Revise paragraph (i); and
0
d. In paragraph (k), remove the words ``Gros Cap'' and add, in their 
place, the text ``Buoy 33''.
    The revisions read as follows:


Sec.  401.450  Pilot change points.

* * * * *
    (b) Iroquois Lock, Ogdensburg, NY;
* * * * *
    (i) ``Buoy 33'', St. Marys River, Point Iroquois;
* * * * *
0
28. Revise Sec.  401.451 to read as follows:


Sec.  401.451  Pilot rest periods.

    (a) Except as provided in paragraph (b) of this section:
    (1) Each United States Registered Pilot upon completing an 
assignment at a change point designated in Sec.  401.450, and
    (2) Each United States Registered Pilot upon completing a series of 
assignments totaling more than 10 hours with no more than 2 hours rest 
between assignments, must not perform pilotage services for at least 10 
hours.
    (b) In the event of an emergency or other compelling circumstances 
a pilotage pool may assign a United States Registered Pilot for service 
before their 10-hour rest period required under paragraph (a) of this 
section is completed. Pilotage pools must advise the Director of each 
assignment made under this paragraph.
0
29. Revise the heading of Subpart E to read as follows:

Subpart E--Penalties; Operations Without Registered Pilots


Sec.  401.500  [Amended]

0
30. Amend Sec.  401.500 by removing the word ``shall'' and adding, in 
its place, the word ``may''.


Sec.  401.510  [Amended]

0
31. Amend Sec.  401.510 as follows:
0
a. In the introductory text to paragraph (b), add the word ``only'' 
between the word ``Pilot'' and the word ``when'';
0
b. In paragraph (b)(1), remove the word ``admit'' and add, in its 
place, the word ``permit'', and remove the word shall'' and add, in its 
place, the word ``must'';
0
c. In paragraph (b)(2), add the word ``pilotage'' before the word 
``pool'', and remove the words ``U.S. Coast Guard'' and add, in their 
place, the word ``Director'';
0
d. Remove paragraphs (b)(3) through (b)(7);
0
e. Redesignate paragraph (b)(8) as paragraph (b)(3); and
0
f. In newly redesignated paragraph (b)(3), remove the word ``shall'' 
and add, in its place, the word ``must''.
0
32. Revise Sec.  401.615 to read as follows:


Sec.  401.615  Representation.

    (a) The United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registered 
Pilot designated ``respondent'' in a suspension or revocation hearing 
or ``applicant'' in a refusal-to-renew-registration hearing, may be 
represented before the Administrative Law Judge by any person who is a 
member in good standing of the bar of the highest court of any State, 
Commonwealth, Territory, Possession, or the District of Columbia, upon 
filing with the Administrative Law Judge a written declaration that 
they are currently qualified and are authorized to represent the 
particular party in whose behalf they act.
    (b) Whenever a person acting in a representative capacity appears 
in person or signs a paper in practice before the Administrative Law 
Judge, Director, Commandant, the Administrator, or other official of 
the U.S. Coast Guard, their personal appearance or signature 
constitutes a representation that under the provisions of this subpart 
and applicable law they are authorized and qualified to represent the 
particular person in whose behalf they act.
    (c) When any United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registered 
Pilot is represented by an attorney at law, any notice or other written 
communication required or permitted to be given to or by such a pilot 
must be given to or by such attorney. If a pilot is represented by more 
than one attorney, service by or upon any one of such attorneys is 
sufficient.


Sec.  401.630  [Amended]

0
33. Amend Sec.  401.630 as follows:
0
a. In the introductory text to paragraph (a), remove the word ``his'' 
and add, in its place, the word ``her/his'';
0
b. In paragraphs (a)(1) and (2), and (b), remove the word ``shall'' 
wherever it

[[Page 81335]]

appears and add, in its place, the word ``must''.


Sec.  401.635  [Amended]

0
34. Amend Sec.  401.635, including the heading, by removing the word 
``shall'' wherever it appears and adding, in its place, the word 
``must''.


Sec.  401.640  [Amended]

0
35. Amend Sec.  401.640 by removing the word ``shall'' wherever it 
appears and adding, in its place, the word ``will''.
0
36. Revise Sec.  401.645 to read as follows:


Sec.  401.645  Administrative Law Judge's decision; exceptions thereto.

    At the conclusion of the hearing, the parties may submit briefs and 
recommended conclusions and findings within such time as the 
Administrative Law Judge determines appropriate. The Administrative Law 
Judge will thereafter issue a written initial decision in the case, 
which decision will be final and binding upon the Director, except as 
provided in Sec.  401.650.
0
37. Revise Sec.  401.650 to read as follows:


Sec.  401.650  Review of Administrative Law Judge's initial decision.

    (a) The Commandant may, on their own motion, or on the basis of a 
petition filed by the United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registration 
Pilot in the proceedings or the Commandant, review any initial decision 
of the Administrative Law Judge by entering a written order stating 
that they elect to review the action of the Administrative Law Judge. 
Copies of all orders for review, replies, and decisions must be served 
on all parties.
    (b) A petition for review must be in writing and must state the 
grounds upon which the petition relies. A petition for review must be 
limited to the record before the Administrative Law Judge. A hard copy 
or electronic version of such a petition for review, together with 
proof of service on all parties, must be filed with the Commandant (CL) 
within fifteen (15) days after the date of service of the initial 
decision of the Administrative Law Judge. Parties may file replies, in 
writing, to a petition for review, with proof of service on other 
parties in the same manner and number of copies as is provided for 
filing of a petition for review and within ten (10) days after the date 
the petition for review is timely filed. A reply must be limited to the 
record before the Administrative Law Judge and the petition for review.
    (c) The initial decision of an Administrative Law Judge will be 
made final;
    (1) Fifteen (15) days after the timely filing of a petition to 
review unless a reply is filed thereto or the Commandant enters a 
written order granting the petition for review; or
    (2) Twenty (20) days after the date of service of the 
Administrative Law Judge's decision if no petition for review is filed 
and the Commandant does not elect to review on his or her own motion.
    (d) If the Commandant reviews the initial decision as provided in 
this section, they must issue a written order affirming, amending, 
overruling, or remanding the initial decision of the Administrative Law 
Judge within thirty (30) days after the date on which they take review. 
There is no other administrative remedy within the Department of 
Homeland Security.
    (e) When the Commandant has sustained an order of suspension or 
revocation of a registration, the respondent may appeal to the National 
Transportation Safety Board under 49 CFR 825.5 within ten (10) days 
after service of the Commandant decision.
0
38. Amend Sec.  401.700 as follows:
0
a. Revise the section heading and introductory text; and
0
b. In paragraph (a), remove the word ``his'' and add, in its place, the 
words ``their pilotage''.
    The revisions read as follows:


Sec.  401.700  Operating requirements for United States Registered 
Pilots.

    Each United States Registered Pilot must--
* * * * *
0
39. Amend Sec.  401.710 as follows:
0
a. In the introductory text, remove the word ``shall'' and add, in its 
place, the word ``must'';
0
b. In paragraph (a), remove the word ``his'' and, add in its place, the 
word ``their''; and
0
c. Revise paragraph (b).
    The revisions read as follows:


Sec.  401.710  Operating requirements for holders of Certificates of 
Authorization.

* * * * *
    (b) Coordinate on a reciprocal basis its pilotage pool operations 
with pilotage pool operations of the Canadian Government, under the 
``Memorandum of Understanding, Great Lakes Pilotage, Between The United 
States Coast Guard and The Great Lakes Pilotage Authority,'' effective 
September 19, 2013;
* * * * *

PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS

0
40. The authority citation for part 402 continues to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304.

0
41. Revise Sec.  402.210 to read as follows:


Sec.  402.210  Requirements and qualifications for registration.

    Pursuant to Sec.  401.210(a)(4), each applicant for an original 
registration at the time of application and each Apprentice Pilot, 
United States Registered Pilot, and Temporary Registered Pilot is 
required to pass a physical examination in accordance with subpart C of 
46 CFR part 10.
0
42. Amend Sec.  402.220 as follows:
0
a. Revise paragraph (a);
0
b. In the introductory text to paragraph (b), remove the word ``shall'' 
and add, in its place, the word ``will'';
0
c. Remove paragraph (b)(5);
0
d. Redesignate paragraphs (b)(6), (b)(7), (b)(8), and (b)(9) as 
paragraphs (b)(5), (b)(6), (b)(7), and (b)(8);
0
e. Revise newly redesignated paragraph (b)(7); and
0
f. Remove paragraph (b)(10).
    The revisions read as follows:


Sec.  402.220  Registration of pilots.

    (a) Each Apprentice Pilot must complete the minimum number of round 
trips specified in this section prior to registration as a United 
States Registered Pilot. The round trips must be made in company with a 
United States Registered Pilot or Temporary Registered Pilot, on 
oceangoing vessels that have a gross tonnage of at least 4,000. The 
pilot association training committee, pilot association president, or 
Director may require additional round trips to demonstrate proficiency 
for a given waterway or specific port in order to ensure maritime 
safety. The minimum number of round trips listed here is not intended 
to guarantee completion of a training plan or advancement towards Full 
Registration.
    (1) If the Apprentice Pilot holds a master's endorsement, a minimum 
of five round trips are required over the waters for which registration 
is desired.
    (2) If the Apprentice Pilot holds a chief mate's endorsement or a 
second mate's endorsement, or holds a first class pilot's endorsement 
with service in the capacity of first mate or second mate, a minimum of 
eight round trips are required over the waters for which registration 
is desired.
    (3) If the Apprentice Pilot holds a first class pilot's endorsement 
or a third mate's endorsement, a minimum of

[[Page 81336]]

twelve round trips are required over the waters for which registration 
is desired.
    (b) * * *
    (7) Instruction in the Great Lakes Pilotage Act of 1960; Great 
Lakes Pilotage Regulations; Presidential Proclamation of December 22, 
1960; and Memorandum of Understanding, Great Lakes Pilotage, Between 
The United States Coast Guard and The Great Lakes Pilotage Authority, 
effective September 19, 2013.
* * * * *
0
43. Revise the heading of subpart C to read as follows:

Subpart C--Establishment of Pilotage Pools by Voluntary 
Associations of United States Registered Pilots

0
44. Revise Sec.  402.320 to read as follows:


Sec.  402.320  Working rules.

    Sections 401.320(d)(2) and (6) of this chapter require that 
voluntary associations of United States Registered Pilots authorized to 
establish pilotage pools agree to submit Working Rules for approval of 
the Director and that they will coordinate their pilotage pool 
operations with Canada on a reciprocal basis. The approved Working 
Rules of each pilot district are on file in the office of the Director 
and may request a copy of the Working Rules by emailing 
[email protected].

    Dated: November 9, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2023-25425 Filed 11-20-23; 8:45 am]
BILLING CODE 9110-04-P