Licensing of Pilots; Manning of Vessels by Pilots

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.

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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]

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