[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-2218] [[Page Unknown]] [Federal Register: February 2, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 46 CFR Part 15 [CGD 84-060] RIN 2115-AB67 Licensing of Pilots; Manning of Vessels by Pilots AGENCY: Coast Guard, DOT. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending the regulations concerning the licensing of pilots and the manning of vessels by pilots. This interim final rule: Defines ``coastwise seagoing vessel'' for pilotage purposes; describes first class pilotage areas where local pilotage expertise is warranted; allows licensed individuals to serve as pilots in areas not identified as first class pilotage areas on vessels that they are otherwise qualified to control; requires a Federal pilot for vessels in excess of 1,600 gross tons, propelled by machinery and subject to inspection under 46 U.S.C. chapter 33, that are not authorized by their Certificate of Inspection to proceed beyond the Boundary Line; and provides quick reference tables for Federal pilotage requirements. These changes are necessary to eliminate confusion over where and on what vessels pilotage expertise is required. DATES: This interim final rule is effective on March 4, 1994. Comments on this interim final rule must be received on or before March 21, 1994. .ADDRESSES: Comments may be mailed to the Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 84-060), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may be delivered to room 3406 at the same address between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 267-1477. The Executive Secretary maintains the public docket for this rulemaking. Comments will become part of this docket and will be available for inspection or copying at room 3406, U.S. Coast Guard Headquarters. FOR FURTHER INFORMATION CONTACT: Mr. John Hartke, Merchant Vessel Personnel Division (G-MVP/12), room 1210, U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001, telephone (202) 267-6102. SUPPLEMENTARY INFORMATION: Request for Comments The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their names and addresses, identify this rulemaking (CGD 84-060) and the specific section of this interim final rule to which each comment applies, and give the reason for each comment. The Coast Guard requests that all comments and attachments be submitted in an unbound format suitable for copying and electronic filing. If not practical, a second copy of any bound material is requested. Persons wanting acknowledgment of receipt of comments should enclose a stamped, self-addressed postcard or envelope. The Coast Guard will consider all comments received during the comment period. It may change this interim final rule in view of the comments. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the Marine Safety Council at the address under ADDRESSES. The request should include reasons why a hearing would be beneficial. If it is determined that the opportunity for oral presentations will aid this rulemaking, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register. Drafting Information The principal persons involved in drafting this rule are: Mr. John J. Hartke, Project Manager, Merchant Vessel Personnel Division, Office of Marine Safety, Security and Environmental Protection, and, Mr. Nicholas Grasselli, Project Counsel, Office of Chief Counsel. Background and Purpose Normally, foreign vessels and U.S. vessels operating on registry endorsement are under State pilotage authority, and U.S. vessels operating on coastwise endorsement are under Federal pilotage authority. The regulations addressed in this rulemaking deal only with Federal pilotage. A notice of proposed rulemaking (NPRM) was published June 24, 1985 (50 FR 26117), addressing unresolved pilotage issues. The comment period was originally scheduled to end on September 23, 1985, however, a notice of extension of comment period (50 FR 38557), published in the Federal Register on September 23, 1985, extended the comment period to December 22, 1985. In response to this notice, the Coast Guard received 172 written comments, and held two public meetings. One public meeting was held in New York, hosted by the Maritime Association of New York, on November 12, 1985. The second was a meeting of the Towing Safety Advisory Committee Subcommittee on Personnel Manning and Licensing, which was held at Coast Guard Headquarters in Washington, DC, on December 12, 1985. On June 6, 1988, the Coast Guard published a supplemental notice of proposed rulemaking (SNPRM) (53 FR 20654) addressing the comments received in response to the NPRM and public meetings. The comment period for the SNPRM ended September 6, 1988. Sixteen written comments were received regarding the 1988 SNPRM. These comments included several recommendations by the Towing Safety Advisory Committee (TSAC). The length of time between the publication of the SNPRM and this rule has been unusually long because of developments associated with the grounding of the M/V EXXON VALDEZ and the subsequent enactment of the Oil Pollution Act of 1990. Therefore, the Coast Guard is publishing this rule as an interim final rule as opposed to a final rule in order to provide the public another opportunity to comment. As a result of the derailment of the Amtrak Sunset Limited passenger train at Big Bayou Canot, Alabama on September 22, 1993, the Coast Guard established a task force to review, among other issues, the adequacy and effectiveness of the licensing requirements for operators of uninspected towing vessels. There is no statutory or regulatory pilotage requirement for the particular tug and barge combination that may have collided with the bridge prior to the derailment, and neither the proposed rules nor this interim rule have any applicability to these vessels. The proximate cause of the incident is yet undetermined and is being investigated by the National Transportation Safety Board (NTSB). The NTSB is expected to make recommendations as a result of their investigation but these recommendations are not expected to have any impact on this rule. Discussion of Comments and Changes The vast majority of the comments received in response to the 1988 SNPRM dealt with two issues: (1) The grandfathering provision for individuals with prior towing experience; and (2) the definition of a ``coastwise seagoing vessel.'' Regarding the grandfathering provision, the 1988 SNPRM proposed permitting individuals ``with 5 years service on towing vessel combinations of at least 5,000 gross tons while acting under the authority of a license as master, mate, or operator of uninspected towing vessels, with a minimum of 2 of the 5 years having been on towing vessel combinations of at least 10,000 gross tons, to obtain without a written examination, an endorsement as first class pilot, restricted to tug and barge combinations, for those routes over which they have made the required number of round trips.'' The intent of this proposal was to allow those who have demonstrated their abilities to pilot tug and barge combinations to obtain a restricted endorsement as first class pilot without completing a written examination. The Coast Guard received a number of comments supporting this proposal. However, the Coast Guard also received comments in opposition to this grandfathering provision, indicating that the Coast Guard should not issue a pilot's license to an individual unless that individual passed the written examination. A number of significant events have occurred since the 1988 SNPRM. There have been several major vessel casualties, the most notable of which was the EXXON VALDEZ. Pilotage issues and requirements played a prominent part in the EXXON VALDEZ investigation. Following the EXXON VALDEZ casualty in 1989, Congress enacted the Oil Pollution Act of 1990 (OPA 90), which includes provisions regarding pilotage. As a result of these events, the Coast Guard believes that it is inappropriate and not in the best interest of navigational safety to issue a first class pilot's license or endorsement without requiring a written examination, including a chart sketch. Therefore, the grandfathering provision is not adopted in this interim final rule. The other major issue in the 1988 SNPRM which received comments was the definition of a ``coastwise seagoing vessel'' contained in 46 U.S.C. 8502. The SNPRM definition of the term ``coastwise seagoing vessel'' made the distinction between a vessel authorized by its Certificate of Inspection to make voyages only on U.S. internal waters and a vessel authorized by its Certificate of Inspection to make voyages beyond the Boundary Line. The 1988 SNPRM considered a coastwise seagoing vessel as a vessel that is authorized by its Certificate of Inspection to proceed beyond the Boundary Line. Some comments supported this definition. However, other comments and recommendations from TSAC did not support this definition, suggesting that pilotage requirements for coastwise seagoing vessels should be at least partially tied to the voyage on which the vessel is engaged. Those comments and recommendations urged the following definition: ``A coastwise seagoing vessel, for purposes of the manning of vessels by pilots or for individuals acting as pilots, means a vessel authorized by its Certificate of Inspection to proceed beyond the Boundary Line, and whose movement in pilotage waters relates to a voyage in which the vessel has or will cross the Boundary Line.'' The Coast Guard is adopting the proposal published in the June 6, 1988 SNPRM, i.e., that a coastwise seagoing vessel for pilotage purposes is one that is authorized by its Coast Guard issued Certificate of Inspection to proceed beyond the Boundary Line. The Coast Guard did not adopt the alternative proposal because that definition would have enabled coastwise seagoing vessels to make voyages without a pilot within the internal waters of the United States, including those waters where most hazards to navigation are encountered. Adopting the alternative proposal would have reduced pilotage requirements by requiring fewer vessels to use a pilot, permitting more vessels to make extensive movements within harbors or between ports without the services of a pilot in the exact waters where pilotage can be most beneficial. Besides the ``grandfathering provision,'' and the definition of a ``coastwise seagoing vessel,'' the other changes which were proposed in the 1988 SNPRM did not receive any substantial comments or criticisms. Therefore, the other changes proposed in the 1988 SNPRM are adopted in this rule. These other changes include: (1) Describing first class pilotage areas where local pilotage expertise is warranted; (2) allowing licensed individuals to serve as pilots in areas not identified as first class pilotage areas on vessels that they are otherwise qualified to control; and (3) requiring a Federal pilot for vessels in excess of 1,600 gross tons, propelled by machinery and subject to inspection under 46 U.S.C. chapter 33, that are not authorized by their Certificate of Inspection to proceed beyond the Boundary Line. In addition, quick reference tables for Federal pilotage requirements are also being adopted. Regulatory Evaluation This interim final rule is a significant regulatory action under Executive Order 12866 and is significant under the Department of Transportation Regulatory Policies and Procedures (44 FR 11040; February 26, 1979). However, the Coast Guard expects the economic impact of this interim final rule to be so minimal that further Regulatory Evaluation is unnecessary. This rule defines ``coastwise seagoing vessel'' for pilotage purposes, describes first class pilotage areas where local pilotage expertise is warranted, and provides quick reference tables for pilotage requirements. Additionally, this rule clarifies that a Federal pilot is required for vessels in excess of 1,600 gross tons, propelled by machinery and subject to inspection under 46 U.S.C. chapter 33, that are not authorized by their Certificate of Inspection to proceed beyond the Boundary Line. This rule codifies current practices. The Coast Guard anticipates that the rule will not increase crew size or require increased use of pilots since, for the most part, vessels affected by this rule are presently required by their Certificate of Inspection to use a Federal pilot. Thus, the Coast Guard believes that further evaluation is unnecessary. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this interim final rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). The small entities that could be affected by this interim final rule are primarily independent operators of tank barges and self-propelled vessels. Since this rule, for the most part, adopts current practices, the Coast Guard believes that there will be no significant economic impact on ``small entities.'' Therefore, because it expects the economic impact of this interim final rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this interim final rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This interim final rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed this interim final rule under the principles and criteria contained in Executive Order 12612, and has determined that this interim final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. This rule does not affect existing State pilotage requirements, but instead clarifies the Federal pilotage requirements for those vessels which, under 46 U.S.C. 8502, are exclusively subject to Federal pilotage. Environment The Coast Guard considered the environmental impact of this interim final rule and concluded that under section 2.B.2 of Commandant Instruction M16475.1B, this rule is categorically excluded from further environmental documentation. The rule, which clarifies Federal pilotage requirements, is administrative in nature since, by codifying existing practices, it permits vessels to continue to operate according to current industry practice. Therefore, this is included in the categorical exclusion in subsection 2.B.2.1, ``Administrative actions or procedural regulations and policies which clearly do not have any environmental impact.'' A Categorical Exclusion Determination has been placed in the docket. List of Subjects in 46 CFR Part 15 Reporting and recordkeeping requirements, Seamen, Vessels. For the reasons set out in the preamble, the Coast Guard amends part 15 of title 46 of the Code of Federal Regulations. PART 15--MANNING REQUIREMENTS 1. The authority citation for part 15 is revised to read as follows: Authority: 46 U.S.C. 2103, 3703, 8101, 8502, 8901, 8902, 8903, 8904, 9102; 50 U.S.C. 198, and 49 CFR 1.46. 2. Section 15.301 is amended by adding new definitions for ``Coastwise seagoing vessel'' and ``Designated areas'' to read as follows: Sec. 15.301 Definition of terms used in this part. * * * * * Coastwise seagoing vessel means a vessel that is authorized by its Certificate of Inspection to proceed beyond the Boundary Line established in part 7 of this chapter. * * * * * Designated areas means those areas within the navigable waters of the United States for which first class pilotage endorsements are issued under part 10, subpart G, of this chapter, by the Officer in Charge, Marine Inspection (OCMI). The areas for which first class pilotage endorsements are issued within a particular Marine Inspection Zone and the specific requirements for an endorsement may be obtained from the OCMI concerned. * * * * * 3. Section 15.812 is revised to read as follows: Sec. 15.812 Pilots (a) Except as specified in paragraph (f) of this section, the following vessels, not sailing on register, when underway on the navigable waters of the United States, must be under the direction and control of an individual qualified to serve as pilot under paragraph (b) or (c) of this section as appropriate: (1) Coastwise seagoing vessels propelled by machinery and subject to inspection under 46 U.S.C. chapter 33, and tank barges subject to inspection under 46 U.S.C. chapter 37; (2) Vessels that are not authorized by their Certificate of Inspection to proceed beyond the Boundary Line established in part 7 of this Chapter which are in excess of 1,600 gross tons, propelled by machinery, and subject to inspection under 46 U.S.C. chapter 33; and (3) Vessels operating on the Great Lakes that are propelled by machinery and subject to inspection under 46 U.S.C. chapter 33, or are tank barges subject to inspection under 46 U.S.C. chapter 37. (b) The following individuals may serve as a pilot for a vessel subject to paragraph (a) of this section, when underway on the navigable waters of the United States that are designated areas. (1) An individual holding a valid first class pilot's license issued by the Coast Guard, operating within the restrictions of his or her license, may serve as pilot on any vessel to which this section applies. (2) An individual holding a valid license issued by the Coast Guard as master or mate, employed aboard a vessel within the restrictions of his or her license, may serve as pilot on a vessel of not more than 1,600 gross tons propelled by machinery, described in paragraphs (a)(1) and (a)(3) of this section, provided he or she: (i) Is at least 21 years old; (ii) Complies with the currency of knowledge provisions of Sec. 10.713 of this chapter; and (iii) Has completed a minimum of four round trips over the route to be traversed while in the wheelhouse as watchstander or observer. At least one of the round trips must be made during the hours of darkness if the route is to be traversed during darkness. (3) An individual holding a valid license issued by the Coast Guard as master, mate, or operator employed aboard a vessel within the restrictions of his or her license, may serve as pilot on a tank barge or tank barges totalling not more than 10,000 gross tons, described in paragraphs (a)(1) and (a)(3) of this section, provided he or she: (i) Is at least 21 years old; (ii) Complies with the currency of knowledge provisions of Sec. 10.713 of this chapter; (iii) Has a current physical examination in accordance with the provisions of Sec. 10.709 of this chapter; (iv) Has at least six months service in the deck department on towing vessels engaged in towing operations; and (v) Has completed a minimum of twelve round trips over the route to be traversed, as an observer or under instruction in the wheelhouse. At least three of the round trips must be made during the hours of darkness if the route is to be traversed during darkness. (c) An individual holding a valid license issued by the Coast Guard as master, mate, or operator, employed aboard a vessel within the restrictions of his or her license, may serve as a pilot for a vessel subject to paragraph (a)(1) and (a)(2) of this section, when underway on the navigable waters of the United States that are not designated as first class pilotage areas, provided he or she: (1) Is at least 21 years old; (2) Complies with the currency of knowledge provisions of Sec. 10.713 of this chapter; and (3) Has a current physical examination in accordance with the provisions of Sec. 10.709 of this chapter. (d) In any instance when the qualifications of a person satisfying the requirements for pilotage through the provisions of this Subpart are questioned by the Coast Guard, the individual shall, within a reasonable time, provide the Coast Guard with documentation proving compliance with the applicable portion(s) of paragraphs (b) and (c) of this section. (e) Federal pilotage requirements contained in the above paragraphs are summarized in two quick reference tables. (1) Table 15.812(e)(1) provides a guide to the pilotage requirements for inspected, self-propelled vessels. Table 15.812(e)(1).--Quick Reference Table for Federal Pilotage Requirements for Inspected, Self-Propelled Vessels Navigable waters of the Navigable waters of U.S. designated as the U.S. not first class pilotage designated as first waters (routes for class pilotage waters which First Class (between the three Pilot's licenses are mile line and the issued)\1\. start of traditional pilotage routes). Inspected self- First Class Pilot...... Master or Mate may propelled vessels serve as pilot if the greater than 1,600 GT, individual: authorized by their 1. Is at least 21 Certificate of years old. Inspection (COI) to 2. Has an annual proceed beyond the physical exam. Boundary Line, or 3. Maintains current operating on the Great knowledge of the Lakes. waters to be navigated. Inspected self- First Class Pilot, or Master or Mate may propelled vessels not Master or Mate may serve as pilot if the more than 1,600 GT, serve as pilot if the individual: authorized by their individual:. 1. Is at least 21 Certificate of 1.Is a least 21 years years old. Inspection to proceed old.. 2. Maintains current beyond the Boundary 2. Maintains current knowledge of the Line, or operating on knowledge of the waters to be the Great Lakes. waters to be navigated. navigated.. 3. Has 4 round trips over the route. Inspected self- First Class Pilot...... Master or Mate may propelled vessels serve as pilot if the greater than 1,600 GT, individual: not authorized by 1. Is at least 21 their COI to proceed years old. beyond the Boundary 2. Has an annual Line (Inland route physical exam. vessels); other than 3. Maintains current vessels operating on knowledge of the the Great Lakes. waters to be navigated. Inspected self- No pilotage requirement No pilotage propelled vessels not requirement. more than 1,600 GT, not authorized by their COI to proceed beyond the Boundary Line (Inland route vessels); other than vessels operating on the Great Lakes. \1\Navigable waters of the U.S. for pilotage purposes include all inland waters and offshore waters to a distance of 3 nautical miles from the baseline from which the Territorial Sea is measured. (2) Table 15.812(e)(2) provides a guide to the pilotage requirements for tank barges. Table 15.812(e)(2).--Quick Reference Table for Federal Pilotage Requirements for Tank Barges Navigable waters of the Navigable waters of U.S. designated as the U.S. not first class pilotage designated as first waters (routes for class pilotage waters which First Class (between the three Pilot's licenses are mile line and the issued).\1\. start of traditional pilotage routes). Tank Barges greater First Class Pilot...... Master, Mate, or than 10,000 GT, Operator may serve as authorized by their pilot if the Certificate of individual: Inspection to proceed 1. Is at least 21 beyond the Boundary years old. Line, or operating on 2. Has an annual the Great Lakes. physical exam. 3. Maintains current knowledge of the waters to be navigated. 4. Has at least 6 months' service in the deck department on towing vessels engaged in towing. Tank Barges 10,000 GT First Class Pilot or Master, Mate, or or less, authorized by Master, Mate, or Operator may serve as their Certificate of Operator may serve as pilot if the Inspection to proceed pilot if the individual: beyond the Boundary individual:. 1. Is at least 21 Line, or operating on 1. Is at least 21 years years old. the Great Lakes. old.. 2. Has an annual 2. Has an annual physical exam2 physical exam.2. 3. Maintains current 3. Maintains current knowledge of the knowledge of the waters to be waters to be navigated navigated (one round (one round trip within trip within the past the past 60 months). 60 months) 4. Has at least 6 4. Has at least 6 months' service in the months' service in deck department on the deck department towing vessels engaged on towing vessels in towing operations. engaged in towing 5. Has 12 round trips operations. over the route.. Tank Barges authorized No pilotage requirement No pilotage by their Certificate requirement. of Inspection for Inland routes only (Lakes, Bays, and Sounds/Rivers); other than vessels operating on the Great Lakes. 1 Navigable waters of the U.S. for pilotage purposes include all inland waters and offshore waters to a distance of 3 nautical miles from the baseline from which the Territorial Sea is measured. 2 Annual physical exam does not apply to an individual who will serve as a pilot of a Tank Barge of less than 1,600 gross tons. Dated: January 20, 1994. J.W. Kime, Admiral, U.S. Coast Guard, Commandant. [FR Doc. 94-2218 Filed 2-1-94; 8:45 am] BILLING CODE 4910-14-M