Radar-Observer Endorsement for Operators of Uninspected Towing Vessels

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[CGD 94-041]

RIN 2115-AE92

Radar-Observer Endorsement for Operators of Uninspected Towing

Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule; reopening of comment period.

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SUMMARY: On October 26, 1994 (59 FR 53754), the Coast Guard published

an interim rule establishing radar-training requirements for licensed

masters, mates, and operators of radar-equipped uninspected towing

vessels 8 meters (approximately 26 feet) or more in length. Under the

interim rule, on February 15, 1995, these licensed persons would be

required to hold either an endorsement as a radar observer or, if

holding a valid license issued before February 15, 1995, a certificate

from a Radar-Operation course. In response to comments from members of

the regulated public, the Coast Guard is amending the interim rule to

change the date on which the radar-observer endorsement or the Radar-

Operation course certificate will be required from February 15, 1995,

to June 1, 1995. The Coast Guard is also reopening the comment period

to solicit additional public involvement in this rulemaking.

DATES: This interim rule is effective on February 14, 1995. Comments

must be received before June 1, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA, 3406) (CGD 94-041), 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, between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Robert S. Spears, Jr., Project

Manager, Office of Marine Safety, Security, and Environmental

Protection (G-MVP-3), (202) 267-0224, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

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 94-041) and the specific section of this

rule to which each comment applies, and give the reason for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this rule in view of the comments.

Drafting Information

The principal persons involved in the drafting of this document are

Mr. Robert S. Spears, Jr., Project Manager, Office of Marine Safety,

Security, and Environmental Protection, Mr. Patrick J. Murray, Project

Counsel, Office of the Chief Counsel, and Commander Thomas Cahill,

Office of the Chief Counsel.

Regulatory Information

This rule amends an interim rule issued by the Coast Guard on

October 26, 1994 (59 FR 53754). Comments received from members of the

regulated public have indicated that difficulties were encountered in

obtaining the required training in the time allowed. This rule amends

the date by which a license endorsement or a certificate of training

must be obtained, and relieves a potential burden on members of the

regulated public by providing additional time to achieve compliance. It

should not adversely affect navigation safety. Therefore, under 5

U.S.C. 553(d)(3), the Coast Guard certifies that good cause exists for

this rule to be effective upon publication.

Background

Following the derailment of the Amtrak Sunset Limited, with

extensive injury and loss of life, on September 22, 1993, the Coast

Guard conducted a study of uninspected towing vessel safety. The study

made a number of recommendations for improving safety in the towing

industry. One of the recommendations was to require radar observer

training and endorsements for operators of radar-equipped uninspected

towing vessels 8 meters (approximately 26 feet) or more in length. That

recommendation was approved, and on October 26, 1994 (59 FR 53754), the

Coast Guard published an interim rule establishing requirements for

radar training. The interim rule also added topics to the list of

required subjects taught in approved radar-training courses that must

be completed in order to receive a radar-observer endorsement.

The interim rule went into effect on November 25, 1994. However, to

provide a reasonable opportunity for affected persons to complete the

training and obtain the required endorsements, 46 CFR 15.815(c)

provided that the endorsement was required only for those licenses to

be issued after February 15, 1995. Persons holding valid licenses

issued prior to February 15, 1995, would be required to undergo basic

radar training and receive a certificate of completion for that

training prior to February 15, 1995. Without the endorsement or

certificate of completion, after February 15, 1995, no person may serve

as a master, mate, or operator of a radar-equipped towing vessel, 8

meters (approximately 26 feet) or more in length, required to have a

licensed operator. For a person holding a license issued before

February 15, 1995, the additional training needed to qualify for a

radar-observer endorsement would then be required before the individual

renewed or upgraded his or her license.

The comment period for the interim rule closed on January 24, 1995.

Prior to the close of the comment period, the Coast Guard received over

300 comments. A number of the comments expressed concern that the

required training would not be available before February 15, 1995.

Therefore, to relieve this potential burden, the Coast Guard is

amending the interim rule. The Coast Guard will also continue to

evaluate the comments received on this rulemaking.

Discussion of Amendment

This rule changes the date in 46 CFR 15.815(c) by which a radar-

observer endorsement or certificate of training must be received from

February 15, 1995 to June 1, 1995. This extension permits affected

mariners who are not able to complete radar training by February 15 to

continue to operate legally. Further, the related reopening of the

comment period provides a greater [[Page 8309]] opportunity for comment

on the interim rule.

Mariners opting for the Radar-Operation courses in lieu of radar-

observer courses approved by the Coast Guard may renew or upgrade their

licenses (to be issued before June 1, 1995) before completing Radar-

Operation courses. Upon completion of such courses they must hold the

courses' certificates with their licenses.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 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, 1979).

The Coast Guard expects the economic impact of this rule to be so

minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary. This rule

relieves a potential regulatory burden by providing additional time for

persons subject to the rule to obtain required training. It does not

significantly change the regulatory evaluation contained in the interim

rule published October 26, 1994 (59 FR 53754).

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

This rule relieves a potential regulatory burden by providing

additional time for persons subject to the rule to obtain required

training, and should have no economic impact on small entities. As

discussed in the interim rule, the Coast Guard expects that the burdens

of complying with the interim rule will fall on individuals, rather

than on small entities. This change may provide any affected small

entities with additional flexibility in scheduling required training

and result in some economic benefit. 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, however, you think that your business or organization qualifies as

a small entity and that this rule will have a significant economic

impact on your business or organization, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and in what way and to

what degree this rule will economically affect it.

Collection of Information

This rule contains no new collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under paragraph 2.B.2 of Commandant Instruction

M16475.1B, this proposal is categorically excluded from further

environmental documentation. This rule is an administrative matter

involving personnel training and licensing and clearly has no

environmental impact. A ``Categorical Exclusion Determination'' is

available in the docket for inspection or copying here indicated under

ADDRESSES.

List of Subjects in 46 CFR Part 15

Reporting and recordkeeping requirements, Seamen, Vessels.

For the reasons set forth in the preamble, the Coast Guard amends

46 CFR part 15 as follows:

PART 15--MANNING REQUIREMENTS

1. The citation of authority for part 15 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3703, 8502; 49 CFR 1.45, 1.46.

Sec. 15.815 [Amended]

2. In Sec. 15.815, paragraph (c) is revised to read as follows:

* * * * *

(c) On or after June 1, 1995, each person having to be licensed

under 46 U.S.C. 8904(a) for employment or service as master, mate, or

operator on board an uninspected towing vessel of 8 meters

(approximately 26 feet) or more in length shall, if the vessel is

equipped with radar, hold--

(1) A valid endorsement as radar observer; or,

(2) If the person holds a valid license dated before June 1, 1995,

a valid certificate from a Radar-Operation course.

Dated: February 2, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 95-3663 Filed 2-13-95; 8:45 am]

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