# Licensing of Pilots; Manning of Vessels by Pilots

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-2218

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** February 2, 1994

## Text

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]
BILLING CODE 4910-14-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-2218. Public record. Not legal advice.