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Licensing and Manning for Officers of Towing Vessels
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 26, 2001 (Volume 66, Number 81)]
[Rules and Regulations]
[Page 20931-20944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap01-17]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 10 and 15
[USCG 1999-6224]
RIN 2115-AF23
Licensing and Manning for Officers of Towing Vessels
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: By this interim rule, the Coast Guard amends the interim rule
of November 19, 1999, on licensing and manning for officers of towing
vessels. This amendment is necessary to clarify confusion caused, and
lessen the burdens imposed, by that rule. The Coast Guard intends this
amendment to facilitate obtaining the appropriate licenses under the
rule.
DATES: This interim rule is effective on May 21, 2001. Comments and
related material must reach the Docket Management Facility on or before
July 25, 2001. Except as amended by this rule, the interim rule
published on November 19, 1999 (64 FR 63213), and delayed on October 7,
2000 (65 FR 64388), remains effective on its terms.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket [USCG-1999-6224], please submit
them by only one of the following means:
(1) By mail to the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC
20590-0001.
(2) By delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
[[Page 20932]]
The telephone number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Lieutenant Commander Luke Harden, Office of Operating and
Environmental Standards (G-MSO), Coast Guard, telephone 202-267-1838.
If you have questions on viewing or submitting material to the docket,
call Dorothy Beard, Chief, Dockets, Department of Transportation,
telephone 202-366-5149.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [USCG 1999-
6224], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, delivery, fax, or electronic means
to the Docket Management Facility at the address under ADDRESSES; but
please submit your comments and material by only one means. If you
submit them by mail or delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know they reached
the Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this rule in view of them.
We seek your comments addressing this interim rule, specifically
those concerning the operation of towing vessels on the Lower
Mississippi River, below mile 304. We separated the Western Rivers and
inland routes in the interim rule published on November 19, 1999, in
response to public comments stating that the Western Rivers required a
special skill set to operate on them safely. Therefore, we now classify
the pilotage waters of the Lower Mississippi River as part of the
Western Rivers. This part of the River continues to handle towing-
vessel traffic from oceans, near-coastal, and Great Lakes and inland
routes, as well as serving deep-draft vessels in the pilotage waters.
Considering this, should towing vessel officers operating in the
pilotage waters of the Lower Mississippi River be required to hold a
Western Rivers Endorsement?
We also specifically seek your comments concerning the harbor-
assist license. We became aware that license is similar in scope to the
limited license proposed in the interim rule of November 19, 1999.
Should we combine these licenses? Or is there sufficient rationale for
us to maintain them as separate licenses?
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
On November 19, 1999, we published a first interim rule with
request for comments (64 FR 63213). It established updates to the
licensing and training of officers of towing vessels and the
qualifications of those officers. We had chosen an interim rule to
provide the towing industry a further opportunity for comment; to
answer comments received on the Supplemental Notice of Proposed
Rulemaking (SNPRM) (62 FR 55548 (October 27, 1997)); to address
concerns received at public meetings; and to provide the public an
opportunity to respond to changes reflected in the SNPRM. We published
a second interim rule on October 27, 2000 (65 FR 64388), which delayed
the implementation of the first interim rule until May 21, 2001.
Delaying the rule gave us the time to clarify that rule through this
third interim rule and issue guidelines implementing it.
The first interim rule is an essential part of a comprehensive
initiative to improve navigational safety for towing vessels. You can
glean its full background from the preambles to the notice of proposed
rulemaking (NPRM) (61 FR 31332 (June 19, 1996)), the SNPRM, and the
interim rule itself.
Discussion of Changes to the Interim Rule of November 19, 1999
This third interim rule contains a brief description of and reason
for each of its amendments to the first interim rule:
(1) In 46 CFR 10.103, we revise the definition of inland waters. We
clarify that the exclusion of Western Rivers from inland waters
pertains only to towing vessels.
(2) In 46 CFR 10.205, we properly identify the towing-vessel
licenses.
(3) In 46 CFR 10.209(c)(6), we describe the added information
necessary to renew a license for towing vessels and remove the
requirement to document ongoing training only within the Towing
Officer's Assessment Record (TOAR). This increases the flexibility of
this rule and allows mariners to maintain and present these records in
alternative formats. It allows mariners who must document training
under the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers (STCW), 1978, as amended,
to maintain their records with those required by STCW. It also allows
those companies that maintain their own training records under quality-
management systems to provide these records for their employees.
(4) From 46 CFR 10.209, we remove paragraph (c)(7), on the return
of the license after suspension for incompetence; and, in Sec. 10.223,
we restore it, under suspension and revocation of licenses. This is the
most appropriate site for this cite since return is not a matter of
renewal.
(5) We add 46 CFR 10.210, which will illustrate eligibility for a
towing license based on a mariner's current license. It will show how a
mariner's license, issued before the implementation of this rule, will
be grandfathered under this rule.
(6) In 46 CFR 10.223, we add the paragraph removed from
Sec. 10.209(c)(7), establishing the process for return of a towing
license following suspension or revocation for incompetence.
(7) In 46 CFR 10.304, we authorize a licensed officer as well as a
qualified instructor to provide training to a candidate for a towing-
vessel license. This will ease the burden on the industry and is
consistent with current practices. We also revise that section to
reflect that this process documents only proficiency, not competence.
(8) In 46 CFR 10.412 and 10.414, we clarify the progression of a
towing-vessel license into other categories and
[[Page 20933]]
levels of license. This provides professional advancement for mariners
working in the towing industry.
(9) In 46 CFR 10.463, we clarify that a towing-vessel license does
not authorize service aboard vessels on foreign voyages or aboard those
towing vessels greater than 200 gross register tons (GRT).
(10) Also in 46 CFR 10.463, we restrict the areas an Officer in
Charge of Marine Inspection can designate as limited local areas to
those on the Great Lakes, in inland waters, and on western rivers.
(11) In 46 CFR 10.464(a), we authorize service on subordinate
routes, excepting western rivers, without an endorsement on the
license. After it we insert Table 10.464-1, which eases the
requirements for obtaining a license as master of towing vessels. We
also remove the rivers route since it was not a route required of
towing vessels.
(12) In 46 CFR 10.464(b), we streamline the requirements for
obtaining a license as master of towing vessels (harbor assist), and we
insert Table 10.464-2, reflecting the new requirements.
(13) From 46 CFR 10.464(d), we remove the limits on tonnage for
mariners operating seagoing towing vessels. Our rules already impose a
number of such limits for mariners operating towing vessels in general.
Officers operating seagoing towing vessels must already comply with the
Officers' Competency Certificates Convention, 1936, and with STCW if
they are operating towing vessels greater than 200 GRT navigating
seaward of the boundary line. To operate a towing vessel greater than
200 GRT or any towing vessel on an international route, an officer must
hold a license authorizing service on an inspected self-propelled
vessel of appropriate tonnage and the accompanying STCW form.
Also in 46 CFR 10.464(d), we allow an officer holding a license as
mate of towing vessels to gain an endorsement on that license for
master of towing vessels (limited). This provides the fleeting and
harbor-towing industries an alternative method of obtaining masters for
their operations. (Getting a license as mate of towing vessels
otherwise requires the mariner to gain greater experience with a
broader scope of training.)
(14) In 46 CFR 10.464(g), we authorize a master of inspected, self-
propelled vessels, greater than 200 GRT, to serve as master of towing
vessels while holding a completed TOAR.
(15) In 46 CFR 10.464(h), we add the authority allowing mariners
already in the towing industry to obtain licenses using the licensing
process existing before May 21, 2001. This phase-in period results in a
gradual implementation of the requirements of this and the first
interim rule, published on November 19, 1999. This addition assists
those mariners who may be most affected by that interim rule.
(16) In 46 CFR 10.465 we revise paragraphs (a) and (e) and Table
10.465-1 to clarify the licensing requirements for mate (pilot) of
towing vessels and the authority for subordinate routes. This makes
these requirements consistent with those for master of towing vessels.
(17) Also in 46 CFR 10.465(e), we authorize a mate of inspected,
self-propelled vessels, greater than 200 GRT, to serve as mate (pilot)
of towing vessels while holding a completed TOAR. This change leaves
these requirements consistent with those for master of towing vessels
and answers the concerns about the increased workload on our resources
for licensing.
(18) In 46 CFR 10.466, we revise the routes for apprentice mate.
This ensures consistency among the licenses covered by this rule.
(19) In 46 CFR 15.610 and 15.910, we let officers with authority to
operate towing vessels continue operating those vessels until they
renew their licenses. The preamble of the first interim rule stated
that officers would not have to obtain their new license until they
renewed their current ones, but the rule itself set no such standard.
This will reduce the burden on the industry and on our resources when
this rule becomes effective.
(20) In 46 CFR 15.805 and 15.810, we clarify which officer licenses
authorize service in the licensed positions on towing vessels.
(21) In 46 CFR 10.903(a)(18), we add apprentice mate (steersman) of
towing vessels, limited, to the list of licenses that require
examination for issuance. Its omission from the first interim rule was
an oversight. In this section, we also delete paragraph (c)(7) since
licenses for towing vessels will not authorize service on towing
vessels 200 GRT or more.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. It has not been reviewed by the Office of
Management and Budget under that Order. It is not ``significant'' under
the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, l979). A draft
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is available in the docket as indicated under
ADDRESSES. A summary of the Evaluation follows:
Costs to Industry
There are around 5,400 documented towing vessels in the United
States. This interim rule will ensure that all those officers currently
operating such vessels maintain their authority after the new
requirements for licensing and manning become effective on May 21,
2001. This rule accomplishes administrative changes (updates) that
result in the gradual, continuous implementation of the rules on
licensing and manning for officers on towing vessels.
Most revisions to the first interim rule, as reflected in this
rule, either make editorial changes or update technical information to
reflect comments to that rule. Certain revisions will reduce the costs
to the towing industry incurred due to that rule. We estimated the
annual costs--including costs for new entrants into the industry and
costs associated with industry's increased paperwork burden--at
$1,314,424. This rule will lessen annual costs by $3,780, bringing them
down to $1,310,644. Their 10-year present value, from 2001 up to 2010,
discounted at 7 percent to 2000, would total $9,205,414, and this
represents $26,550 less than the total present value due to that rule,
$9,231,964. The difference in the cost to the industry arises from the
removal of the requirement of passing an examination when the mariners
holding licenses as master or mate of self-propelled vessels of greater
than 200 GRT seek endorsements for towing vessels (46 CFR 10.464 and
10.465).
The annual costs to the Federal Government, estimated in the first
interim rule, consist in the time and resources for our reviewing
documentation of ongoing training and drills such as TOARs of current
mariners, as well as the service records, applications, and check-ride
results of new ones. We estimated the total costs to the Government at
$70,464 a year. The 10-year present value of costs to the Government,
discounted at 7 percent to 2000, would total $494,910.
We estimate that this rule decreases the 10-year present value,
discounted at 7 percent to 2000, of costs to industry and the
Government to a total of $9,700,324. This represents $26,550 less than
the total present value of $9,726,874 under the unchanged first interim
rule.
[[Page 20934]]
Benefits to Industry
This rule clarifies and lessens the requirements for obtaining
appropriate licenses imposed by the first interim rule. It also
provides mariners with flexibility when seeking to obtain a license in
the towing industry. This rule allows another path for mariners to
obtain licenses in niche markets, such as the fleeting and harbor-
towing industries, in less time. It also allows another method for
reporting information required by that rule.
We estimated, in the first interim rule, that annual benefits from
preventing deaths will range from $2,430,000 to $5,130,000, while
annual benefits from preventing property damage will range from
$1,158,987 to $2,546,694. The 10-year present value of total benefits
should range from $25,207,543 to $53,917,886. Therefore, the 10-year
benefit-cost ratio of this rule should range from 2.60 to 5.56 with the
average being 4.08.
Finally, this benefit analysis considered only a portion of the
1500 cases where a lack of knowledge or proficiency was cited as a
causal factor. We did not quantify any benefits from preventing
injuries. Other areas where benefits exist, but were not quantified,
were disruption of private automobile and commercial truck traffic when
bridges are damaged, and environmental damage from spilled cargo.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
consider whether this rule would have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This interim rule places its primary economic burden on the
mariners, not on their employers. However, towing companies would be
required to maintain evidence that every vessel they operate is under
the direction and control of a licensed mariner with appropriate
experience, including 30 days of observation and training on the
intended route. While this could be accomplished using copies of
records that most companies already keep, it is impossible to determine
exactly how many companies will have an increased burden. This analysis
considered all of the approximately 1,252 companies operating towing
vessels to be small entities that will experience an increased burden.
At an estimated increased burden of 2 hours per year, the total small
entity impact of this rule is expected to be $42,568 per year (1,252
companies x 2 hours per company per year x $17 per hour).
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule will have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule will economically affect
it.
Collection of Information
This interim rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Indeed, it
should reduce administrative difficulty for everyone affected by it.
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria in Executive Order 13132 and has determined that this
final rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
It is well settled that States are precluded from regulation in
categories that are reserved for regulation by the Coast Guard. It is
also well settled, now, that all of the categories covered in 46 U.S.C.
3306, 3703(a), 7101, and 8101 (design, construction, alteration,
repair, maintenance, operation, equipping, personnel qualification, and
manning of vessels) are within the field foreclosed from State
regulation. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 120 S. Ct.
1135, 2000 U.S. LEXIS 1895 (March 6, 2000)). Since this rule involves
the requirements that facilitate mates obtaining their appropriate
licenses, it falls into the manning category, thereby precluding States
from regulation. Because States may not promulgate rules within this
category, preemption is not an issue under E.O. 13132.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their regulatory
actions not specifically required by law. 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 or more in any one year. Though this interim rule will not
result in such expenditure, the effects of this rule are discussed
elsewhere in this preamble.
Taking of Private Property
This interim rule will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights (53 FR 8859 (March 15, 1988)).
Reform of Civil Justice
This interim 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.
Consultation and Coordination With Indian Tribal Governments
This interim rule will not have tribal implications; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal law. Therefore, it is exempt
from the consultation requirements of Executive Order 13175. If tribal
implications are identified during the comment period we will undertake
appropriate consultations with the affected Indian tribal officials.
Protection of Children
We have analyzed this interim rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this interim rule and
concluded that, under figure 2-1, paragraph (34)(a) of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. Under paragraph (34)(a), this exclusion is
appropriate for rules that are ``editorial or procedural, such as those
updating addresses or establishing application procedures.'' A
Determination of Categorical Exclusion is available in the docket where
indicated under ADDRESSES.
[[Page 20935]]
List of Subjects
46 CFR Part 10
Reporting and recordkeeping requirements, Schools, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
the interim rule published on November 19, 1999 (64 FR 63213) and
delayed on October 27, 2000 (65 FR 64388), and 46 CFR chapter I as
follows:
PART 10--LICENSING OF MARITIME PERSONNEL
1. In Sec. 10.103, revise the definition of Inland waters to read
as follows:
Sec. 10.103 Definitions of terms used in this part.
* * * * *
Inland waters means the navigable waters of the United States
shoreward of the Boundary Lines as described in 46 CFR part 7,
excluding the Great Lakes and, for towing vessels, excluding the
Western Rivers. For establishing credit for sea service, the waters of
the Inside Passage between Puget Sound and Cape Spencer, Alaska, are
inland waters.
* * * * *
2. In Sec. 10.205, revise paragraph (g)(3) to read as follows:
Sec. 10.205 Requirements for original licenses, certificates of
registry, and STCW certificates and endorsements.
* * * * *
(g) * * *
(3) All licenses for master or mate (pilot) of towing vessels,
except apprentice mate (steersman) of such vessels, on oceans.
* * * * *
Sec. 10.209 [Amended]
3. In Sec. 10.209 remove paragraph (c)(7) and revise paragraph
(c)(6) to read as follows:
Sec. 10.209 Requirements for renewal of licenses, certificates of
registry, and STCW certificates and endorsements.
* * * * *
(c) * * *
(6) An applicant for renewal of a license as master or mate (pilot)
of towing vessels shall submit satisfactory evidence of either by--
(i) Completing a practical demonstration of maneuvering and
handling a towing vessel before a designated examiner; or
(ii) Submitting documentary proof of ongoing participation in
training and drills during the validity of the license being renewed.
* * * * *
4. Add Sec. 10.210 to read as follows:
Sec. 10.210 Eligibility for towing license.
The figure that follows illustrates the conversion of a towing
license issued before May 21, 2001. The conversion will take place at
the first renewal or upgrade of the license after May 20, 2001.
BILLING CODE 4910-15-U
[[Page 20936]]
[GRAPHIC] [TIFF OMITTED] TR26AP01.000
5. In Sec. 10.223 add paragraph (d) to read as follows:
Sec. 10.223 Suspension and revocation of licenses.
* * * * *
(d) An applicant for renewal or return of a license as master or
mate (pilot) of towing vessels whose most recent license was suspended
or revoked by an administrative law judge for incompetence shall
complete the practical demonstration under paragraph (c)(6)(i) of
Sec. 10.209.
Sec. 10.304 [Amended]
6. In Sec. 10.304:
a. In paragraph (h)(5), following the words ``qualified
instructor'', add the words ``or licensed officer (with authority to
operate a towing vessel)'';
b. In paragraph (h)(6), remove the word ``competent'' and replace
it with the word ``proficient''; and
c. In paragraph (h)(7), following the words ``qualified
instructor'', add the words ``or licensed officer (with authority to
operate a towing vessel)''.
Sec. 10.412 [Amended]
7. In Sec. 10.412 in paragraph (a), following the word ``mate,'' in
three places, add the words ``master or mate (pilot) of towing
vessels,''.
Sec. 10.414 [Amended]
8. In Sec. 10.414 in paragraph (a), following the word ``mate,'' in
three places, add the words ``master or mate (pilot) of towing
vessels,''.
9. In Sec. 10.463:
a. Redesignate paragraphs (a), (b), and (c) as (b), (c), and (d),
respectively;
b. Add a new paragraph (a) to read as set forth below; and
c. Revise redesignated paragraphs (c) and (d) to read as follows:
Sec. 10.463 General requirements for licenses for master, mate
(pilot), and apprentice mate (steersman) of towing vessels.
(a) A license issued to an officer of towing vessels does not
authorize service aboard such vessels on a foreign voyage nor aboard
such vessels greater than 200 gross register tons on oceans or near-
coastal waters.
* * * * *
(c) A license as master of towing vessels means a license to
operate towing vessels not restricted to harbor assist and not
restricted to local areas designated by OCMIs. This also applies to a
license as mate (pilot) of towing vessels.
[[Page 20937]]
(d) For this section, limited means a license to operate a towing
vessel of less than 200 gross register tons limited to a local area
within the Great Lakes, inland waters, or Western Rivers designated by
the OCMI.
10. In Sec. 10.464, revise paragraphs (a), (b), (d), and (g), and
add paragraph (h) to read as follows:
Sec. 10.464 Requirements for licenses as master of towing vessels.
(a) If you would like to obtain a license as master of towing
vessels endorsed with a route listed in column 1 of Table 10.464-1,
then you must complete the service indicated in columns 2 through 5. If
you hold a license as master of towing vessels (harbor assist), then
you must complete the service listed in columns 6 through 9. A license
endorsed for a route listed in column 1 authorizes service on the
subordinate routes listed in column 10, without further endorsement.
BILLING CODE 4910-15-U
[[Page 20938]]
[GRAPHIC] [TIFF OMITTED] TR26AP01.001
[[Page 20939]]
(b) If you would like to obtain a license as master of towing
vessels (harbor assist), then you must complete the service indicated
in columns 2 through 6 of Table 10.464-2. If you would like to upgrade
your license as master of towing vessels (limited), then you must
complete the service listed in columns 7 through 9.
[GRAPHIC] [TIFF OMITTED] TR26AP01.002
BILLING CODE 4910-15-C
[[Page 20940]]
* * * * *
(d) If you hold a license as mate (pilot) of towing vessels, you
may have master of towing vessels (limited) added to your license for a
limited local area within the scope of your current route.
* * * * *
(g) If you hold a license as a master of inspected, self-propelled
vessels of greater than 200 gross register tons, you may operate towing
vessels within any restrictions on your license if you--
(1) Have 30 days of training and observation on towing vessels for
the route being assessed, except as noted in paragraph (e) of this
section; and
(2) Either--
(i) Hold a completed Towing Officer's Assessment Record (TOAR)
described in Sec. 10.304(h) that shows evidence of assessment of
practical demonstration of skills; or
(ii) Complete an approved training course. Your license does not
need a towing endorsement if you hold a TOAR.
(h) If you began your service or training in the towing industry
before May 21, 2001, you may receive a license as master of towing
vessels if before May 21, 2004, you complete the examination required
by 46 CFR 10.903(a)(18)(i) and meet either of the following two
requirements:
(1) Three years of service, including--
(i) Two years on deck aboard a vessel 8 meters (26 feet) or more in
length;
(ii) One year on deck aboard a towing vessel, with at least 6
months of training or duty in the wheelhouse of the towing vessel; and
(iii) Three months in each particular geographic area for which you
are seeking authority; or
(2) Three years of service aboard towing vessels, including--
(i) One year on deck, with at least 6 months of training or duty in
the wheelhouse of the towing vessel; and
(ii) Three months in each particular geographic area for which you
are seeking authority.
Your license does not need a towing endorsement if you hold a TOAR
or a course completion certificate.
Sec. 10.465 [Amended]
11. In Sec. 10.465, remove paragraph (b), redesignate paragraphs
(c), (d), (e), (f), and (g) as (b), (c), (d), (e), and (f),
respectively, and revise paragraphs (a) and newly redesignated (e) to
read as follows:
Sec. 10.465 Requirements for licenses as mate (pilot) of towing
vessels.
(a) If you would like to obtain a license as mate (pilot) of towing
vessels endorsed with a route listed in column 1 of Table 10.465-1,
then you must complete the service in columns 2 through 5. If you hold
a license as master of towing vessels (harbor assist or limited) and
would like to upgrade it to mate (pilot) of towing vessels, then you
must complete the service in columns 5 and 6. If you hold a license as
mate (pilot) of towing vessels (limited) and would like to upgrade it
to mate (pilot) of towing vessels, then you must complete the service
in columns 2 through 5 and pass a limited examination. A license with a
route endorsed in column 1 authorizes service on the subordinate routes
listed in column 7, without further endorsement.
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* * * * *
(e) If you hold a license as a mate of inspected, self-propelled
vessels of greater than 200 gross register tons or one as first-class
pilot, then you may operate towing vessels within any restrictions on
your license if you--
(1) Have 30 days of training and observation on towing vessels for
the route being assessed, except as noted in paragraph (b) of this
section; and
(2) Hold a completed Towing Officer's Assessment Record (TOAR)
described in Sec. 10.304(h) that shows evidence of assessment of
practical demonstration of skills.
Your license does not need a towing endorsement if you hold a TOAR
or a course completion certificate.
* * * * *
12. Amend Sec. 10.466 by revising paragraph (a) to read as follows:
Sec. 10.466 Requirements for licenses as apprentice mate (steersman)
of towing vessels.
(a) As Table 10.466-1 shows, if you would like to obtain a license
as apprentice mate (steersman) of towing vessels listed in column 1,
endorsed with a route listed in column 2, then you must complete the
requirements indicated in columns 3 through 6.
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* * * * *
13. In Sec. 10.903, in paragraph (a), add a new paragraph
(a)(18)(iii) to read as set forth below; remove paragraph (c)(7); and
redesignate paragraphs (c)(8), (c)(9), (c)(10), (c)(11), (c)(12),
(c)(13), (c)(14), (c)(15), (c)(16), (c)(17), (c)(18), and (c)(19) as
paragraphs (c)(7), (c)(8), (c)(9), (c)(10), (c)(11), (c)(12), (c)(13),
(c)(14), (c)(15), (c)(16), (c)(17), and (c)(18) respectively.
Sec. 10.903 License requiring examination.
(a) * * *
(18) * * *
(iii) Apprentice mate (steersman) of towing vessels, limited;
* * * * *
PART 15--MANNING REQUIREMENTS
14. Revise Sec. 15.610 to read as follows:
Sec. 15.610 Master and mate (pilot) of towing vessels.
(a) Except as provided in this paragraph, every towing vessel of at
least 8 meters (at least 26 feet) in length, measured from end to end
over the deck (excluding sheer), must be under the direction and
control of a person licensed as master or mate (pilot) of towing
vessels or as master or mate of vessels of greater than 200 gross
register tons holding either an endorsement on his or her license for
towing vessels or a completed Towing Officer's Assessment Record (TOAR)
signed by a designated examiner indicating that the officer is
proficient in the operation of towing vessels. This does not apply to
any vessel engaged in assistance towing, or to any towing vessel of
less than 200 gross register tons engaged in exploiting offshore
minerals or oil if the vessel has sites or equipment so engaged as its
place of departure or ultimate destination.
(b) An officer may continue to operate towing vessels within any
restrictions of his or her license from May 21, 2001, until the first
renewal or upgrade of that license, but not later than May 21, 2006.
Every towing vessel covered by paragraph (a) of this section must carry
at least the following personnel:
(1) An officer designated Master and holding a license as--
(i) Master of towing vessels;
(ii) Master of towing vessels (Harbor Assist) or (Limited) when
operating solely within a limited local area;
(iii) Operator of uninspected towing vessels;
(iv) Master of inspected, self-propelled vessels within any
restrictions on the license; or
(v) Mate or first-class pilot of inspected, self-propelled vessels
with a license for service in vessels of greater than 200 gross
register tons (Domestic service only).
(2) Another officer, if the vessel is operating more than 12 hours
in any 24-hour period, holding a license--
(i) Listed in 46 CFR 15.610(b)(1);
(ii) As mate (pilot) of towing vessels;
(iii) As second-class OUTV; or
(iv) As mate of inspected, self-propelled vessels within any
restrictions on the license.
(c) Paragraph (b) of this section applies until the officer's first
renewal or upgrade of license after May 21, 2001.
15. Revise Sec. 15.805(a)(5) to read as follows:
Sec. 15.805 Master.
(a) * * *
(5) Every towing vessel of at least 8 meters (at least 26 feet) or
more in length must be under the command of a master of towing vessels,
or a mariner licensed as master of inspected, self-propelled vessels
greater than 200 gross register tons (GRT) holding either--
(i) A completed Towing Officer's Assessment Record (TOAR), bearing
the signature of a Designated Examiner and stating that the Examiner
found the candidate proficient; or
(ii) A license endorsed for towing vessels.
* * * * *
16. Revise Sec. 15.810(d) to read as follows:
Sec. 15.810 Mates.
* * * * *
(d) Each person in charge of the navigation or maneuvering of a
towing vessel of at least 8 meters (at least 26 feet) in length must
hold a license authorizing service as either--
(1) Mate (pilot) of towing vessels; or
(2) Mate of inspected self-propelled vessels greater than 200 GRT
within any other restrictions on the officer's license, holding
either--
(i) A completed Towing Officer's Assessment Record (TOAR) bearing
the signature from a Designated Examiner and stating that the Examiner
found the candidate proficient; or
(ii) A license endorsed for towing vessels.
* * * * *
17. Revise Sec. 15.910 to read as follows:
Sec. 15.910 Towing vessels.
(a) No person may serve as master or mate (pilot) of any towing
vessel without meeting the requirements of 46 CFR 15.805(a)(5) or
15.810(d), respectively.
(b) Through May 21, 2006, the exception granted by 46 CFR 15.610(b)
of this part applies to the manning of towing vessels.
Dated: March 29, 2001.
R.C. North,
Assistant Commandant for Marine Safety and Environmental Protection.
[FR Doc. 01-10284 Filed 4-25-01; 8:45 am]
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