Amendments to the Marine Radar Observer Refresher Training Regulations, 26580-26592 [2019-11905]

Download as PDF 26580 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations Medicare, that is included on the preclusion list because of a felony conviction will remain on the preclusion list for a 10-year period, beginning on the date of the felony conviction, unless CMS determines that a shorter length of time is warranted. Factors that CMS considers in making such a determination are— (1) The severity of the offense; (2) When the offense occurred; and (3) Any other information that CMS deems relevant to its determination. (D) In cases where an individual is excluded by the OIG, the individual must remain on the preclusion list until the expiration of the CMS-imposed preclusion list period or reinstatement by the OIG, whichever occurs later. (viii) Payment denials under paragraph (c)(6) of this section that are based upon the prescriber’s inclusion on the preclusion list are not appealable by beneficiaries. * * * * * Dated: June 3, 2019. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2019–11923 Filed 6–5–19; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary 45 CFR Part 88 RIN 0945–AA10 Protecting Statutory Conscience Rights in Health Care; Delegations of Authority Correction In rule document 2019–09667 beginning on page 23170 in the issue of Tuesday, May 21, 2019 make the following correction: On pages 23170 through 23272 the date at the top of the page should read ‘‘Tuesday, May 21, 2019’’. [FR Doc. C1–2019–09667 Filed 6–6–19; 8:45 am] jbell on DSK3GLQ082PROD with RULES BILLING CODE 1301–00–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 10, 11, and 15 [Docket No. USCG–2018–0100] RIN 1625–AC46 Amendments to the Marine Radar Observer Refresher Training Regulations Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is revising its merchant mariner credentialing regulations to remove obsolete portions of the radar observer requirements and harmonize the radar observer endorsement with the merchant mariner credential. These revisions will reduce an unnecessary financial burden on mariners required to hold a radar observer endorsement. This rule will affect mariners who have served on radar-equipped vessels, in a position that routinely uses radar for 1 year in the previous 5 years for navigation and collision avoidance purposes, and mariners who have taught a Coast Guard-approved or accepted radar course at least twice within the past 5 years. These mariners will no longer be required to complete a Coast Guardapproved or accepted radar refresher or recertification course in order to renew their radar observer endorsements. We are retaining the existing requirements for mariners seeking an original radar observer endorsement and for mariners who do not have 1 year of routine relevant sea service on board radarequipped vessels in the previous 5 years or have not taught a Coast Guardapproved or accepted radar course at least twice within the past 5 years. This final rule adopts, with modification, the notice of proposed rulemaking published on June 11, 2018. DATES: This final rule is effective July 22, 2019. ADDRESSES: You may view comments and related material identified by docket number USCG–2018–0100 using the Federal eRulemaking Portal at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For information about this document call or email Mr. Davis Breyer, Coast Guard; telephone 202–372–1445, email davis.j.breyer@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents for Preamble I. Abbreviations II. Basis and Purpose VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 III. Background and Regulatory History IV. Discussion of Comments and Changes V. Discussion of the Rule VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Abbreviations ARPA Automatic Radar Plotting Aids BLS Bureau of Labor Statistics CFR Code of Federal Regulations CGAA 2015 Coast Guard Authorization Act of 2015 CGAA 2018 Coast Guard Authorization Act of 2018 DHS Department of Homeland Security FR Federal Register MERPAC Merchant Marine Personnel Advisory Committee MMC Merchant Mariner Credential MMLD Merchant Mariner Licensing and Documentation NPRM Notice of proposed rulemaking OMB Office of Management and Budget RA Regulatory analysis RFA Regulatory Flexibility Act § Section STCW International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended STCW Code Seafarers’ Training, Certification and Watchkeeping Code U.S.C. United States Code II. Basis and Purpose This rule amends the radar observer requirements by removing obsolete portions and harmonizing the expiration dates of the radar observer endorsement and the merchant mariner credential (MMC). Title 46 of the United States Code (U.S.C.), Section 7101 authorizes the Coast Guard to determine and establish the experience and professional qualifications required for the issuance of officer credentials. The Secretary of the Department of Homeland Security (DHS) has delegated 46 U.S.C. 7101 authority to the Commandant of the Coast Guard by Department of Homeland Security Delegation No. 0170.1(II)(92)(e). The specifics of these professional qualifications and the Coast Guard’s evaluation process are prescribed by Title 46 Code of Federal Regulations (CFR) parts 10 and 11, and the manning requirements are detailed in 46 CFR part 15. Section 304 of the Coast Guard Authorization Act of 2015 (CGAA 2015), Public Law 114–120, February 8, 2016 E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations (codified as a statutory note to 46 U.S.C. 7302), requires the harmonization of expiration dates of a mariner’s radar observer endorsement with the MMC and the medical certificate, subject to certain exceptions.1 The CGAA 2015 specifies that the process to harmonize cannot require a mariner to renew the MMC before it expires. Section 829 of the Coast Guard Authorization Act of 2018 (CGAA 2018), Public Law 115– 282, requires the Coast Guard to issue a final rule eliminating the requirement that a mariner actively using the mariner’s credential complete a Coast Guard-approved or accepted refresher or re-certification course to maintain a radar observer endorsement. Section 829 exempts the final rule eliminating the refresher course requirement from 5 U.S.C. chapters 5 and 6, and Executive Orders 12866 and 13563. This rule meets the statutory requirement of Section 304 of the CGAA 2015 with regard to the radar observer endorsement as well as Section 829 of the CGAA 2018 regarding elimination of the refresher course requirement. The CGAA 2015 requirement regarding the medical certificate has already been met through policy.2 jbell on DSK3GLQ082PROD with RULES III. Background and Regulatory History Prior to this rule, 46 CFR 11.480 required that a mariner with a radar observer endorsement complete a Coast Guard-approved or accepted radar observer refresher or re-certification course every 5 years to maintain a valid radar observer endorsement on his or her MMC. In the notice of proposed rulemaking (NPRM) [83 FR 26933], we explained the history of that requirement and why, without regulatory change, it was not possible to harmonize the expiration dates of the radar course completion certificate and the MMC.3 The NPRM also explained the recommendations received from the Merchant Marine Personnel Advisory Committee (MERPAC). MERPAC is the federal advisory group representing matters relating to maritime personnel, including training, qualifications, 1 Public Law 114–120, sec. 304(c), creates an exception for individuals (1) holding a merchant mariner credential with—(A) an active Standards of Training, Certification, and Watchkeeping endorsement; or (B) Federal first-class pilot endorsement; or (2) who have been issued a timerestricted medical certificate. 2 CG–MMC Policy Letter 01–18: Guidelines for Requesting Harmonization of Expiration Dates of Merchant Mariner Credentials and Mariner Medical Certificates when Applying for an Original or Renewal Merchant Mariner Credential. https:// www.dco.uscg.mil/Portals/9/DCO%20Documents/ 5p/5ps/MMC/CG-MMC-2%20Policies/CGMMC%2001-18%20Harmonization.pdf?ver=201803-02-071916-180. 3 83 FR 26933, 26934, June 11, 2018. VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 certification, documentation, fitness standards, and other matters. At Meeting 43 in September 2015, MERPAC recommended that the Coast Guard review whether requiring training for radar renewal every five years makes sense or if underway service on a vessel equipped with radar should be considered adequate experience for renewal (MERPAC Recommendation 2015–56).4 MERPAC recommended the Coast Guard consider the history of the radar observer endorsement, the current state of radar observer training and prevalence of radar, and the concept that knowledge and skills will degrade with time if not used or refreshed through training. MERPAC also recommended that the Coast Guard consider whether the radar observer endorsement must be on the credential. The Coast Guard considered these recommendations when drafting the NPRM. In response to Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs), the Coast Guard asked the public and each of the Coast Guard’s federal advisory committees for suggestions on Coast Guard regulations, guidance documents, interpretive documents, and collections of information that should be removed or modified to alleviate unnecessary burdens. The Coast Guard received requests to revise its radar endorsement renewal regulations from both inquiries. In March 2018, MERPAC recommended again that the Coast Guard address radar observer endorsement renewal requirements.5 Additionally, from the general solicitation to the public, the Coast Guard received three requests for the Coast Guard to address radar observer endorsement renewal requirements.6 The Coast Guard has concluded that the current requirement for the completion of a Coast Guard-approved or accepted radar refresher or recertification course for mariners with relevant and recent service in a position using radar for navigation and collision avoidance purposes, on board vessels equipped with radar, is not necessary. 4 Task Statement #91 from MERPAC. (available at https://homeport.uscg.mil/Lists/Content/ DispForm.aspx?&ID=805&Source=https:// homeport.uscg.mil/missions/ports-and-waterways/ safety-advisory-committees/merpac/taskstatements-2. 5 MERPAC Recommendation #4 to Task Statement #103 (available at https:// homeport.uscg.mil/Lists/Content/DispForm.aspx? ID=13660&Source=/Lists/Content/ DispForm.aspx?ID=13660). 6 https://www.regulations.gov/document? D=USCG-2017-0480-0102 (page 3) and https:// www.regulations.gov/document?D=USCG-20170480-0147 (page 11). PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 26581 Completion of radar renewal training is unnecessarily burdensome to mariners who serve in a position that routinely uses radar for navigational and collision avoidance purposes. The potential for accidents still exists, and it is important for mariners to be proficient in the use of radar as both a navigation and collision avoidance tool. But, radar carriage requirements, both in the United States and internationally, have increased in the last 60 years, and the current domestic training requirements have been in place for 36 years. As a result, currently, mariners on vessels outfitted with radar maintain proficiency in the use of radar through its constant use to navigate and prevent collisions. Section 304 of the CGAA 2015 requires the harmonization of expiration dates of a mariner’s radar observer endorsement with his or her MMC, and prohibits requiring a mariner to renew a credential before it expires. In this context, the MMC is the primary credential documenting the individual’s qualifications to perform specific functions on board a ship, and should be the point of alignment when harmonizing the expiration dates of a mariner’s endorsements. In looking at this requirement, the Coast Guard also considered Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) of January 30, 2017, the Office of Management and Budget (OMB) Guidance of April 5, 2017, on that Executive order, and Executive Order 13777 (Enforcing the Regulatory Reform Agenda) of February 24, 2017. These directives require agencies to review regulations in order to provide a reduction of regulatory costs to members of the public. Elimination of the requirement to take a radar refresher or re-certification course every 5 years will eliminate an unnecessary burden on the active mariner and make harmonization possible. The NPRM published on June 11, 2018, and the comment period closed on July 11, 2018. In the NPRM, the Coast Guard proposed to remove the radar refresher or re-certification course requirement for an active mariner who serves, for 1 year in the previous 5 years, in a position using radar for navigation and collision avoidance purposes on vessels equipped with radar, or serves as a qualified instructor for a Coast Guard-approved or accepted radar course at least twice within the past 5 years. Radar technology and other equipment associated with radar is still evolving. Radar observer trainees and mariners with limited sea service need current information provided via E:\FR\FM\07JNR1.SGM 07JNR1 jbell on DSK3GLQ082PROD with RULES 26582 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations training to maximize their familiarization with the equipment furnished on board when serving on their first vessel as a radar observer. Mariners with appropriate sea service, including experience using radar, will be exposed to these developments on board. Instructors of Coast Guardapproved or accepted radar courses will be exposed to developments by updating course materials and teaching. These instructors must regularly update course materials in order to ensure that they remain current on developments and are able to properly lecture and critique their students during simulations. This final rule adopts the June 11, 2018 NPRM, with the following 5 modifications. First, we have amended the regulatory text in § 10.232(a)(2)(vii) and § 11.480(g) to clarify that a mariner must serve in a position that routinely uses radar for navigation and collision avoidance purposes on vessels equipped with radar. The Coast Guard added the ‘‘routine’’ requirement to the regulatory text to clarify that this rule eliminates the requirement for refresher or recertification training for those mariners who have keep their radar skills ‘‘refreshed’’ and up to date through the use of radar. Radar skills are not refreshed on board a vessel when not routinely used. The concept of ‘‘routine use’’ was discussed in the preamble to the NRPM, but was not specifically laid out in the regulatory text. Second, as requested by a commenter, we have clarified in § 10.232(a)(6) that the Coast Guard intended to include maritime pilots within the scope of the NPRM. Therefore, for pilots seeking to renew a radar observer endorsement, the pilot association’s letter should indicate that the vessels piloted were equipped with radar, and that radar was used by the pilot for navigation and collision avoidance purposes. Third, we have clarified regulatory text in § 15.815(d) that allows for mariners to sail without a radar observer endorsement, provided that they hold, and have immediately available, a course completion certificate issued within in the last 5 years from a Coast Guard-approved or accepted radar course. In this final rule we have clarified that this exception is only available for five years after the effective date of the final rule and that the certificate must have been issued within the previous 5 years. Fourth, we have removed the reference to a license as Merchant Mariner Credentials have replaced licenses. Finally, we clarified in 46 CFR 11.480(g) and (h) that this rulemaking applies to mariners applying VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 for raises of grade or new endorsements under 46 CFR 10.231. IV. Discussion of Comments and Changes The Coast Guard received 74 submissions by the public in response to the NPRM published on June 11, 2018. Comments came from maritime training institutions that teach radar observer courses, individual radar course instructors, national and local trade associations—including those for pilots, towing, assistance towing tugs, barges, and passenger vessels— individual mariners, and members of the general public. Commenters expressed a wide range of experiences, including both on oceans and inland rivers. The following discussion contains an analysis of comments received and an explanation of changes made to the rule as proposed in the NPRM. The Coast Guard appreciates all the comments on this matter. Comments in Support of the Proposal The majority of commenters agreed with the proposed changes. Those agreeing with the NPRM generally stated that the existing required training is a financial burden to active mariners, especially because the required training focuses on the use of techniques that are not suitable for modern ships and radar equipment. Comments Opposed to the Proposal, Anticipating Increase in Accident Rate and Company Liabilities Several commenters felt that this rule would increase accident rates, with some citing the possibility of increased liability and a change of the apportionment of damages in the event of a casualty. The Coast Guard disagrees. The amended regulations will not change the current level of safety. Sections 15.405 (Familiarity with Vessel Characteristics) and 15.1105 (Familiarization and Basic Training (BT)) of 46 CFR remain unchanged. These regulations require that, before assuming their duties, credentialed mariners become familiar with their duties and the equipment that they will be using. The company’s responsibility in the event of a casualty remains the same. And, radar observer training continues to be required for mariners without recent experience either using radar or instructing others in its use. Concerns About Possible Skill Loss Some commenters were concerned that changing the radar refresher or recertification training requirements will result in the loss of radar skills. The Coast Guard disagrees. Although PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 mariners serving on vessels equipped with modern radars and automatic radar plotting aids (ARPA) may not be performing transfer plotting of all radar contacts, they are using their knowledge, experience, and skill in vector analysis and the true and relative motion concepts learned in radar observer training to make their own assessment of collision risk and to verify the target data determined by the radar or ARPA. This consistent use of true and relative motion concepts and vector analysis is sufficient for mariners to retain proficiency. Additionally, 46 CFR 15.405 and 15.1105 address familiarization regarding the proper operation of the radar equipment for mariners on board ships. Therefore, the Coast Guard does not believe that this will have any negative impact on safety. Skill Retention Through Recent Experience One commenter disagreed that 1 year of sea service in the last 5 years is adequate, by itself, to demonstrate relevant knowledge and recency in radar and felt that the Coast Guard should still require a refresher or recertification course. This commenter also disagreed with the Coast Guard’s comparison to the 1:5 standard for Basic Training in the development of the standard for radar. The commenter felt that the comparison to the Basic Training standard was inadequate because there are no monthly drill requirements to reinforce skills taught in a radar course as monthly fire and abandon ship drills do for Basic Training skills. The Coast Guard disagrees. A radar operator retains proficiency in the skills learned in the mariner’s original radar endorsement training through shipboard experience using radar during navigational watchkeeping. Monthly drills are not required to retain this proficiency when radar is being regularly used by a mariner. The Coast Guard has historically accepted that a stated minimum amount of relevant sea service meets the renewal requirements for each specific MMC endorsement. In general, refresher training is only required of those mariners who do not meet the renewal sea service requirements. Radar has been the only exception to this policy. The requirement for a radar refresher or recertification course is a holdover from when radar was not prevalent and training was not universally required. That is no longer the case. The use of radar is now so prevalent and automated that it is equivalent to the skills for other MMC endorsements with regard to skill retention. Therefore, the E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations Coast Guard has retained the sea service requirements as proposed in the NPRM. jbell on DSK3GLQ082PROD with RULES Rivers and Inland Waters vs. Ocean Radar Use Some commenters noted that mariners on rivers and inland waters do not use radar for collision avoidance in the same way as mariners on oceans. These commenters said that the recertification or refresher courses covering open-water relative motion concepts is not relevant to a river environment. These commenters agreed that mariners who work on rivers and confined inland waters do not retain relative motion concepts, but disagreed on how this issue should be addressed. One commenter asserted that the traditional ‘‘unlimited’’ re-certification course covering open-water relative motion concepts should be retained, while another felt that because mariners do not use these concepts on rivers, they do not need to be refreshed by training. A third commenter felt that refresher or re-certification training on open-water concepts is not appropriate for inland and rivers mariners, but that refresher or re-certification training tailored to rivers operations should be required. The Coast Guard acknowledges that mariners on rivers and confined inland waters use radar differently than mariners on oceans, but disagrees that mariners who serve in positions that routinely use radar need recurrent training. Regardless of the type of waterway, active mariners with 1 year of service in the previous 5 years in a position that routinely uses radar will retain proficiency for the waters upon which they operate. Suggested Alternative Radar Observer Refresher or Re-Certification Requirements Some commenters suggested that the Coast Guard revise current radar observer refresher or re-certification course requirements to provide mariners with information that updates their knowledge and skills with the latest radar-associated equipment, such as radar equipment features, Automatic Identification Systems, ARPA, and Electronic Chart Display and Information Systems. The Coast Guard is reviewing these comments and may take separate action in the future on this matter, if it is warranted after a complete analysis. This rule, however, addresses the requirement to take the course rather than the content of the course. The Coast Guard also noticed that many commenters, both agreeing and disagreeing with the proposed rule change, believed that the current value VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 of the radar refresher or re-certification courses lay in the provision of updates to the mariner about new developments in radar technology. The Coast Guard will consider whether and how this information should be distributed, and may ask MERPAC to consider the matter in the future. Suggested Removal of All Radar Observer Renewal Requirements Some commenters requested that the Coast Guard remove the radar observer renewal requirement for all mariners, even those with less than 1 year of sea service in a position that routinely uses radar within the last 5 years. The Coast Guard disagrees. A mariner who has not used radar as part of his or her navigational watchkeeping for 1 year within the last 5 years will lose proficiency; as discussed in the NPRM, studies have shown that skills deteriorate over time when not performed. This rule retains the current refresher or re-certification requirements for those mariners. Clarifying That Maritime Pilots Are Included Within the Proposed Rule Several commenters requested clarification about whether the Coast Guard had intended to include maritime pilots within the proposed rule. The Coast Guard intended to include maritime pilots within the proposed rule and has amended § 10.232(a)(6) to provide that clarification. Limiting the Rule to Only Credentialed Masters and Mates One commenter recommended that the removal of the radar observer requirement should be limited to masters and mates. The commenter felt it would be hard for a company to verify that a particular mariner used radar for collision avoidance purposes. The Coast Guard partially agrees with the commenter’s concern. The Coast Guard has amended the regulatory text to state that the radar observer position on board ships must routinely use radar for navigation and collision avoidance purposes, but the Coast Guard did not restrict the affected positions to masters and mates as suggested. The Coast Guard recognizes that there are positions on board vessels, other than mate or master that routinely use radar and are required to hold additional radar endorsements. Suggested Removal of the Radar Observer Requirement for Mariners Working on board Assistance Towing Vessels Equipped With Radar A commenter suggested that mariners within the assistance towing industry be PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 26583 exempted from the requirement to hold a radar endorsement if they are working on board assistance towing vessels equipped with radar, because the assistance towing industry is exempt from the radar carriage requirement. This comment is outside the scope of this rulemaking. While we appreciate this commenter’s concerns and request, this rulemaking is limited to the renewal requirements of existing radar observer endorsements. Drug Testing Requirements A commenter asked for a change to drug testing requirements, citing that the requirements for periodic drug testing were changed in a previous rulemaking and resulted in an increased number of periodic drug tests. While we appreciate this commenter’s concerns and request, this rulemaking is limited to the renewal requirements of existing radar observer endorsements. We have shared this comment with the appropriate Coast Guard office. Suggestions for Radar Direct Scope Plotting Capabilities and Returning Loran-C to Operation A commenter suggested that marine electronics manufacturers provide a direct scope plotting capability to their radar and ARPA products in order to receive type approval. This commenter also suggested the reinstatement of Loran-C as a backup to GPS. These systems were either discontinued or the equipment specifications were adapted nationally and internationally to the current requirements many years ago. While we appreciate this commenter’s concerns and request, this rulemaking is limited to the renewal requirements of existing radar observer endorsements. Suggestions for Documenting Sea Service A commenter suggested that the Coast Guard develop a radar sea service letter template to provide the affected public with a sample document depicting the information needed for the mariner’s use of the alternative provided by this rulemaking. The Coast Guard has declined to do so at this time. The Coast Guard does not believe that a unique sea service letter is needed beyond the documentation requirements of 46 CFR 10.232 for those mariners in positions that routinely use radar for navigation and collision avoidance purposes. The Coast Guard is amending 46 CFR 10.232 to include information on whether the vessel is equipped with radar and if the mariner served in a position that routinely uses radar for navigation and collision avoidance purposes. The information provided on sea service E:\FR\FM\07JNR1.SGM 07JNR1 26584 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES documents meeting the requirements of 46 CFR 10.232 should provide sufficient documentation. If the need develops for a radar sea service letter after the implementation of this rule, the Coast Guard will then consider developing a template. One commenter asked that the Coast Guard ‘‘clarify that ‘1 year of sea service within the last 5 years’ does not mean one year of consecutive service, but instead requires the mariner to demonstrate a total of at least 365 days of relevant service over the five-year period.’’ Generally, the Coast Guard defines 1 year, for the purpose of complying with the service requirements of 46 subchapter B, as 360 days when a person is assigned to work. In order to use sea service in lieu of the required radar refresher or recertification courses, a mariner must provide documentary evidence of 360 days of aggregate service in the previous 5 years in a position that routinely uses radar for navigation and collision avoidance. The Coast Guard notes that 46 CFR 10.107 provides definitions for service, year, and day. Mariners should consult this regulation to determine the specific sea service credit to which each mariner is entitled. A national pilot’s association requested that, if the rule covers pilots, that the Coast Guard allow pilots to submit a letter from a pilot’s association attesting to the applicant’s sea service. The association provided draft language to be inserted into the Coast Guard’s proposed revised language for § 10.232(a)(6). As discussed above, the Coast Guard intended to include pilots in this rule. The language provided by the association has been adopted into this final rule in an amended § 10.232(a)(6). Pilots seeking to renew a radar observer endorsement can submit a letter from a pilot’s association attesting to the applicant’s sea service. The association’s letter should indicate that the vessels piloted were equipped with radar, and that radar was used by the pilot for navigation and collision avoidance purposes. Online Renewal Training Some commenters suggested that the Coast Guard should allow online renewal training. Although the Coast Guard may approve certain training to be offered online, we do not believe it is feasible for radar observer recertification courses. As radar observer re-certification courses are typically 1 day in duration and consist almost exclusively of graded examinations and practical exercises, the course is not well-suited for online delivery. However, online training is possible for VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 portions of an original radar observer course, or a multi-day refresher course. Guidance on the Coast Guard’s policy concerning online training is found in Enclosure (5) of Navigation and Vessel Inspection Circular 3–14.7 V. Discussion of the Rule In this rule, the Coast Guard is revising its regulations to eliminate the requirement that a mariner actively using the mariner’s credential complete an approved or accepted refresher or recertification course to maintain a radar observer endorsement. A mariner who serves in a relevant position on board a radar-equipped vessel for 1 year in the previous 5 years will no longer be required to complete a Coast Guardapproved or accepted radar refresher or re-certification course per 46 CFR 11.480 to renew his or her radar observer endorsement. The new requirement for 1 year of sea service within the past 5 years is consistent with similar existing sea service requirements found in, for example, 46 CFR 10.227(e)(1) (Requirements for Renewal); 46 CFR 11.302(c) (Basic Training); and 46 CFR 11.303(c) (Advanced Firefighting). For the purposes of this rule, relevant sea service means having served in a position that routinely uses radar for navigation and collision avoidance purposes on a radar-equipped vessel. Additionally, mariners who provide evidence of being a qualified instructor and having taught a Coast Guardapproved or accepted radar course at least twice within the past 5 years will not be required to complete a radar refresher or re-certification course. The 5-year interval is based on both national and the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW) endorsement requirements that follow recognized principles and standards of maritime skill acquisition and retention. The provision to allow renewal of the endorsement by an instructor of the radar course is consistent with the provision in 46 CFR 10.227(e)(1)(v) applicable to MMC renewals. This provision would be applied to the radar observer endorsement. This rule eliminates the requirement to carry a certificate of training if the radar observer endorsement is on the MMC, and allows the endorsement and MMC to expire at the same time. The Coast Guard did consider removing the radar refresher or re7 Available at https://www.dco.uscg.mil/Portals/ 9/NMC/pdfs/announcements/2014/nvic-03-14_ Course_Approval_Final_with_encls_20140122.pdf. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 certification course requirement altogether. However, the Coast Guard believes that the competencies required by a radar observer would degrade if the mariner does not use them on board vessels or periodically refresh them by teaching or completing a course. The concept that knowledge and skills will degrade with time if not used or refreshed has been applied in other areas of maritime training, such as the STCW requirements for basic training course every 5 years, and is a recognized factor within the education industry. While there are few specific studies in skill degradation in the maritime industry, this issue has been the subject of discussion for decades in other industries, including the aviation industry.8 Also, radar continues to be incorporated into other shipboard systems and continues to change with advancements in technology. The radar observer must keep current with these changes through onboard utilization of skills or a formal course of instruction. As a result, the Coast Guard did not pursue removing radar renewal training altogether. In summary, the Coast Guard will continue to require attendance at a radar 8 Michael W. Gillen, Degradation of Piloting Skills (Master’s Thesis), University of North Dakota, Grand Forks (2008), assesses professional aircraft pilots’ basic instrument skills in the age of highly automated cockpits. In addition to the specific findings related to the aircraft pilots, the document contains a literature review of applicable background studies concerning the general theory of learning related to skill acquisition, retention, and declination. The referenced literature includes a discussion of the inverse nature of practice and completion time. Previous studies showed that the time required to perform a task declined at a decreasing rate as experience with the task increased. Results from some of these previous studies indicated a rapid rate of learning depreciation. Arthur Winfred, Jr., Bennett Winston, Jr., Pamela L. Stanush, and Theresa L. McNelly, ‘‘Factors That Influence Skill Decay and Retention: A Quantitative Review and Analysis,’’ 11(1) Human Performance 57 (1998), presents a review of skill retention and skill decay literature about factors that influence the loss of trained skills or knowledge over extended periods of non-use. Results indicated that there is substantial skill loss after more than 365 days of non-use or non-practice. Physical, natural, and speed-based tasks—such as checklist and repetitive tasks—were less susceptible to skill loss than decision-making tasks that are cognitive, artificial, and accuracy-based. Collision avoidance and navigation using radar can be considered examples of the latter category. John M. O’Hara, ‘‘The Retention of Skills Acquired Through Simulator-based Training,’’ 33(9) Ergonomics 1143 (1990), examines the loss of skills among two groups of merchant marine cadets that were tested for watchstanding skills immediately preceding and following a 9-month simulator-based training program. The mitigation of decay as a function of a retraining experience was also evaluated. The results indicated that watchstanding skills improved following training and declined over the 9-month retention interval, and that refresher training was effective in terms of skill loss mitigation for some skill areas. E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations refresher or re-certification course for mariners seeking to renew a radar observer endorsement on the basis of sea service if they do not have 1 year of relevant sea service in the previous 5 years in a position that routinely uses radar for navigation and collision avoidance purposes, on vessels equipped with radar. As discussed earlier, mariners with radar observer endorsements who do have 1 year of relevant sea service within the previous 5 years and have served in a position that routinely uses radar for navigation and collision avoidance purposes, on board a radar-equipped vessel, or who have met certain instructor requirements, will be able to renew the radar observer endorsement without completing a course. In addition, the radar observer endorsement will expire with the MMC, and the mariner with a radar observer endorsement will no longer be required to present a course completion certificate within 48 hours of the demand to do so by an authorized official. Following is a section-by-section discussion of the changes. jbell on DSK3GLQ082PROD with RULES 46 CFR 11.480 Radar Observer This rule revises 46 CFR 11.480(d), (e), (f), (g), and (h). A current course completion certificate from a Coast Guard-approved or accepted radar refresher or re-certification course in accordance with 46 CFR 11.480 will no longer be the only determinant of a mariner’s continued competency as a radar observer. This rule revises 46 CFR 11.480 to apply the provisions of 46 CFR 10.227(e)(1)(v) to the radar observer endorsement. A qualified instructor who has taught a Coast Guard-approved or accepted radar observer course at least twice within the past 5 years will not be required to complete a refresher or re-certification course, because he or she will have met the standards to receive a course completion certificate. The course approval process, in accordance with 46 CFR subpart D, evaluates instructors to determine whether they are qualified to teach the course. Mariners will be allowed to use recent sea service in place of completing a radar refresher or re-certification course. Mariners able to provide evidence of 1 year of relevant sea service within the last 5 years in a position that routinely uses radar for navigation and collision avoidance purposes on vessels equipped with radar will not be required to attend a refresher or recertification course. This also applies to mariners applying for raises of grade or new endorsements VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 under 46 CFR 10.231. As a result, 46 CFR 11.480(g) and (h) were amended. Prior to this rule, 46 CFR 11.480(h) allowed an applicant seeking a raise of grade or increase in scope of an MMC endorsement, where the increased grade or scope required a radar observer certificate, to use an expired certificate to fulfill that requirement. However, a radar endorsement was not placed on the credential. This provision was put in place because, prior to this rule, expirations of MMCs and radar certificates rarely expired on or near the same date. We are revising 46 CFR 11.480(h) to align the MMC with the radar endorsement and ensure evidence of competence in the use of the radar through experience or completion of the course. Consequently, applicants for a raise of grade or increase in scope that requires radar but do not currently have radar endorsed on their MMC, will be required to renew the radar endorsement. A radar endorsement on the MMC will be considered acceptable evidence of current radar experience or knowledge for purposes of a raise of grade or increase in scope where that increase requires radar training. To renew a radar endorsement the applicant must provide the following information: (1) Evidence of 1 year of sea service within the last 5 years in a position that routinely uses radar for navigation and collision avoidance purposes on board radar-equipped vessels; or (2) evidence of having been a qualified instructor who has taught a Coast Guard-approved or accepted radar observer course at least twice within the past 5 years; or (3) successful completion of a Coast Guard-approved or accepted radar course within the past 5 years. If the applicant does not provide evidence of meeting the requirements for the radar observer endorsement, the endorsement will not be granted. 46 CFR 15.815 Radar Observers This rule revises 46 CFR 15.815 to eliminate the requirement that a person required to hold a radar endorsement must have his or her course completion certificate readily available. Having the course completion certificate available is no longer necessary, because the expiration date of the MMC and the radar endorsement coincide, making the radar observer endorsement in the MMC prima facie evidence that its holder meets the radar training standards. That was not the case previously. The Coast Guard recognizes the need for a transition period. Therefore, we are modifying the language in § 15.815(d) and removing paragraph (e) related to carrying and producing the radar course PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 26585 completion certificate. If a mariner qualifies for a radar endorsement after their MMC is issued, they can apply for a radar endorsement to be added to their MMC. This provision will expire on July 22, 2024. After that date, mariners may serve on board a vessel in a position that uses radar if they have a radar observer endorsement on their MMC. While the NPRM proposed revising § 15.815(d) to allow the mariners listed in § 15.815(a), (b), and (c) to sail without a radar observer endorsement, provided that they hold, and have immediately available, a course completion certificate issued within the last 5 years from a Coast Guard-approved or accepted radar course, the proposed text lacked clarity and a termination date. This final rule modifies the revision of § 15.815(d) to retain the intended flexibility for mariners who were not qualified for the radar observer endorsement at their last credential application, but have subsequently completed a Coast Guard-approved or accepted radar course and hold a course completion certificate. Section 304 of Public Law 114–120, CGAA 2015, directed the Coast Guard to harmonize MMC, medical certificate, and radar observer expiration dates. It further directed the Coast Guard to establish a process that would not require mariners to renew their MMCs early. Consistent with the Congressional intent in section 304(b)(1) that mariners not be required to incur unnecessary application fees, the Coast Guard is providing this flexibility to ensure that mariners with valid radar observer course completion certificates do not have to apply to add the radar endorsement to their MMCs before their next MMC renewal. 46 CFR 10.232 Sea Service Finally, the Coast Guard is adding corresponding requirements to § 10.232(a) so that the sea service letter indicates whether the vessel the mariner has served on is equipped with radar, and that the mariner served in a position that routinely uses radar for navigation and collision avoidance purposes. While certain vessels are required to be equipped with radar, some vessels are not required to do so, such as offshore supply vessels of less than 100 gross tons and mechanically propelled vessels of less than 1,600 gross tons in ocean or coastwise service. Although these vessels are not required to be equipped with radar, some of them are equipped with radars. This rule ensures that mariners serving in a position that routinely uses radar for navigation and collision avoidance purposes, on vessels equipped with radar, will get credit towards renewal of E:\FR\FM\07JNR1.SGM 07JNR1 26586 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations the radar observer endorsement, regardless of whether the vessel was required to carry radar. In addition, the Coast Guard did not propose specific regulatory text on radar observer endorsement requirements for maritime pilots seeking to renew a radar observer endorsement. In response to several public comments asking about pilots, the Coast Guard is amending § 10.232(a)(6) to clarify that, for pilots seeking to renew a radar observer endorsement, their association’s letter should indicate that the vessels piloted were equipped with radar, and that radar was used by the pilot for navigation and collision avoidance purposes. VI. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders. A. Regulatory Planning and Review Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. DHS considers this rule to be an Executive Order 13771 deregulatory action. See OMB’s Memorandum ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). Details on the estimated cost savings of this rule can be found in the rule’s regulatory analysis (RA) that follows. Table 1 summarizes the changes to the regulatory text from the NPRM to this final rule. In this final rule, the Coast Guard incorporated ‘‘routinely’’ into §§ 10.232(a)(2)(vii) and 11.480(g), and ‘‘For those pilots seeking to renew a radar observer endorsement, the association’s letter should indicate that the vessels piloted were equipped with radar, and that radar was used by the pilot for navigation and collision avoidance purposes’’ in § 10.232(a)(6). These revisions to the regulatory text proposed in the NPRM were only for clarification purposes; thus, the numerical assessment and conclusions from the RA included in the NPRM (83 FR 26933, June 11, 2018) remain unchanged. TABLE 1—SUMMARY OF CHANGES FROM NPRM TO FINAL RULE Regulatory text NPRM Final rule Resulting impact on RA § 10.232(a)(2)(vii) .... Mariner served in a positon using radar .......... Mariner served in a position that routinely uses radar. § 10.232(a)(6) .......... An applicant who has been acting as a pilot may submit a letter from a pilot’s association attesting to the applicant’s sea service. Pilots not part of an association may submit other relevant records indicating service, such as billing forms. For a raise-of-grade, pilots must comply with the requirements of paragraph (a)(2) of this section. § 11.480(g) .............. 1 year of relevant sea service within the last 5 years in a position using radar. An applicant who has been acting as a pilot may submit a letter from a pilot’s association attesting to the applicant’s sea service. For those pilots seeking to renew a radar observer endorsement, the association’s letter should indicate that the vessels piloted were equipped with radar, and that radar was used by the pilot for navigation and collision avoidance purposes. Pilots not part of an association may submit other relevant records indicating service, such as billing forms. For a raise-of-grade, pilots must comply with the requirements of paragraph (a)(2) of this section. 1 year of relevant sea service within the last 5 years in a position that routinely uses radar. No impact; edits made for clarification purposes. No impact; edits made for consistency with 46 CFR 10.232(a)(2)(vii). § 11.480(h) .............. An applicant for renewal of a license or MMC who does not provide evidence of meeting the renewal requirements of paragraphs (d), (f), or (g) of this section will not have a radar observer endorsement placed on his or her MMC. In the event that a person described in paragraphs (a), (b), or (c) of this section does not hold an endorsement as radar observer, he or she must have immediately available a valid course completion certificate from a Coast Guard-approved radar course. jbell on DSK3GLQ082PROD with RULES § 15.815(d) .............. VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 PO 00000 Frm 00044 Fmt 4700 An applicant for renewal of a MMC who does not provide evidence of meeting the renewal requirements of paragraphs (d), (f), or (g) of this section will not have a radar observer endorsement placed on his or her MMC. Until July 22, 2024, a person may satisfy the requirements in paragraphs (a), (b), or (c) by having immediately available a valid course completion certificate from an appropriate Coast Guard-approved or accepted radar course that was issued within the previous 5 years. Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 No impact; edits made for clarification purposes. No impact; edit made for accuracy. No impact; edits made for standardization. 26587 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations This RA provides an evaluation of the economic impacts associated with this rule. The Coast Guard is revising its regulations so that a mariner who served on board a radar-equipped vessel for 1 year in the previous 5 years, in a position that routinely uses radar for navigation and collision avoidance purposes, is not required to complete a Coast Guard-approved or accepted radar refresher or re-certification course to renew their radar observer endorsement, as discussed in section V of this rule. Additionally, mariners who provide evidence of being a qualified instructor and having taught a Coast Guardapproved or accepted radar observer course at least twice within the past 5 years will not be required to complete a radar refresher or re-certification course. Table 2 provides a summary of the affected population, costs, and cost savings after implementation of this rule. The total 10-year discounted cost savings of the rule will be $47,678,762 and the annualized total cost savings will be $6,788,383, both discounted at 7 percent. We expect that an average of 7,037 mariners will benefit from this rule each year. This rule will result in cost savings to these mariners for no longer incurring the costs to complete the radar observer refresher or recertification course. There will be no impact to those mariners seeking an original radar observer endorsement or who do not have 1 year of relevant sea service in a position that routinely uses radar for navigation and collision avoidance purposes, on board radarequipped vessels in the previous 5 years. This rule will not impose costs on industry. TABLE 2—SUMMARY OF THE IMPACTS OF THE FINAL RULE Change Description Affected population Costs Cost Savings Revise 46 CFR 11.480 (d), (e), (f), (g), and (h). Revise the merchant mariner credentialing regulations to allow mariners who are qualified instructors and mariners who have served 1 year of sea service in the previous 5 in a position that routinely uses radar for navigation and collision avoidance purposes on radarequipped vessels to retain their radar observer endorsement without being required to take a radar renewal or re-certification course. Remove requirement that a person with a radar observer endorsement must have a certificate of training readily available. Add requirement that sea service letters include the information that the vessel the mariner has served on is radar equipped and the mariner served in a position that routinely uses radar for navigation and collision avoidance purposes. Total of 35,183 mariners will no longer be required to take radar refresher or re-certification course.. Annual average of 7,037 mariners per year benefit from rule (rounded). No cost ..................................... $6,788,383 annualized and $47,678,762 10-year present value monetized industry benefits (cost savings) (7% discount rate). 35,183 mariners ....................... No cost ..................................... No cost savings. 35,183 mariners ....................... No quantifiable cost. Cost to add one line item to company’s regular update to the service letter is too small to quantify. No cost savings. Revise 46 CFR 15.815 ............ jbell on DSK3GLQ082PROD with RULES Revise 46 CFR 10.232(a)(2) ... The revisions to 46 CFR 11.480 will result in cost savings to those mariners who will no longer have to complete the radar observer refresher or recertification course. The revisions to 46 CFR 15.815 will eliminate the requirement that a person holding a radar endorsement must also have his or her course completion certificate readily available. While the mariner will no longer physically have to carry the certificate, he or she will still have to physically carry an MMC that reflects a radar observer endorsement. The costs of obtaining the copy of the certificate are included in the cost of the completion of the course. Therefore, any cost savings from these revisions are included in the calculations of the cost savings to the revisions to 46 CFR 11.480. Those mariners who do not have an MMC that reflects a radar observer endorsement VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 will be allowed to sail if they hold, and have immediately available, a course completion certificate, issued within the last 5 years, from a Coast Guardapproved or accepted radar course. There is no impact to these mariners, as they currently have to carry a certificate to show course completion. This exemption is only available for 5 years after the effective date of this rule. The revisions to 46 CFR 10.232 will add a requirement that the sea service letter for those seeking to renew a radar observer endorsement indicate whether the mariner served on a vessel equipped with radar, and if the mariner served in a position that routinely used radar for navigation and collision avoidance purposes. The operating companies that use service letters are already required to provide mariner service information. These companies will have to add a line item once per vessel, and then the line PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 item will be available for all mariners serving on that radar-equipped vessel, if they are serving in a position that routinely uses radar for navigation and collision avoidance purposes. The companies generally produce a service letter once every 5 years to provide the employees the documentation necessary to renew their credentials. We expect the additional line will be included in the company’s regular updates to service letters. Affected Population We expect that this rule will affect mariners with a radar observer endorsement and mariners who will need one in the future. More specifically, it will affect those mariners with at least 1 year of sea service in the previous 5 years in a position that routinely uses radar for navigation and collision avoidance purposes on board a E:\FR\FM\07JNR1.SGM 07JNR1 26588 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations radar-equipped vessel, as they will no longer be required to complete a Coast Guard-approved or accepted radar refresher or re-certification course, per 46 CFR 11.480, in order to renew their radar observer endorsement. It will also affect mariners who have taught a Coast Guard-approved or accepted radar course at least twice within the past 5 years, the majority of whom hold a valid endorsement and will be included in the affected population. The radar observer endorsement will expire with the MMC, and the mariner will no longer be required to carry the course completion certificate. We used data from the Coast Guard’s Merchant Mariner Licensing and Documentation (MMLD) system to estimate the average number of mariners affected by this rule. The MMLD system is used to produce MMCs at the National Maritime Center. Table 3 below shows the radar endorsement data from the MMLD system used to estimate the affected population. The MMLD system does not have exam data prior to 2011 for the mariners who took the rules of the road exam to renew an MMC. TABLE 3—MARINERS HOLDING RADAR OBSERVER ENDORSEMENTS Mariners who hold a radar observer endorsement (current total population) Mariners who took rules of the road exam to renew MMC ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... 37,612 38,114 37,011 35,262 34,280 34,546 34,076 488 572 638 671 716 777 755 37,124 37,542 36,373 34,591 33,564 33,769 33,321 Average total mariners ....................................................................................... Impacted per year ....................................................................................... 35,843 7,169 660 132 35,183 7,037 Year jbell on DSK3GLQ082PROD with RULES 2011 2012 2013 2014 2015 2016 2017 The ‘‘Mariners Who Hold a Radar Observer Endorsement’’ column shows the number of unique mariners who, on January 1 of each year, held a valid MMC with a radar observer endorsement. Per § 11.480, each applicant for a renewal of a radar observer endorsement must complete the appropriate Coast Guard-approved or accepted refresher or re-certification course, receive the appropriate course completion certificate, and present the certificate or a copy of the certificate to the Coast Guard. A radar observer endorsement is valid for 5 years from the date of completion of the Coast Guard-approved or accepted course. From 2011 to 2017, an average of 35,843 total mariners held a valid MMC with a radar observer endorsement. The Coast Guard does not have more detailed information as to the expiration for each mariner’s radar observer endorsement. Therefore, we divided the total number of mariners by 5 to estimate that an average of 7,169 mariners will need to take the radar refresher or recertification course each year (35,843 total number of mariners ÷ 5, rounded to nearest whole number). Under this rule, the Coast Guard expects that a portion of this total will not have 1 year of sea service in the last 5 years in a position that routinely uses radar for navigation and collision avoidance purposes on board radarequipped vessels. Some mariners are inactive, but still complete the requirements to renew an MMC. The VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 requirements for the renewal of an MMC are in § 10.227. In order to renew their credentials, mariners must present acceptable documentary evidence of at least 1 year of sea service during the past 5 years, or pass a comprehensive, open-book exercise that includes a rules of the road examination. The MMLD database tracks mariners who take the rules of the road exam. The ‘‘Mariners Who Took Rules of the Road Exam to Renew MMC’’ column in table 3 shows the number of the unique mariners in the ‘‘Mariners Who Hold a Radar Observer Endorsement (Current Total Population)’’ column who took the rules of the road examination as part of the MMC renewal process for their existing valid MMCs, not the number of mariners who took the rules of the road exam in that given year. Therefore, we used this as a proxy to estimate the number of mariners who did not have 1 year of sea service in the last 5 years. Under this rule, an average of 660 total mariners will still have to take a Coast Guard-approved or accepted radar refresher or re-certification course in order to maintain the radar observer endorsement. The Coast Guard does not have more detailed information as to when each mariner took the radar refresher or re-certification course over the 5-year period. We divided the total number of mariners by 5 to find an average of 132 mariners will still need to take the exam each year (660 total number of mariners ÷ 5). PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 Mariners who benefit from rule We subtracted the number in the ‘‘Mariners Who Took Rules of the Road Exam to Renew MMC’’ column from the number in the ‘‘Mariners Who Hold a Radar Observer Endorsement’’ column to find the mariners who, under this rule, will not have had to take a radar refresher or re-certification course when they last renewed their MMC. From 2011 to 2017, an average of 35,183 mariners held radar observer endorsements and had at least 1 year of relevant sea service during the past 5 years. This number represents the total number of mariners expected to benefit from this rule. We divided the total number of mariners expected to benefit from this rule by 5 to find the average number of mariners who will benefit each year (35,183 total number of mariners ÷ 5). This totals to an average of 7,037 (rounded to nearest whole number) mariners per year who will no longer have to take a Coast Guardapproved or accepted radar refresher or re-certification course. Costs The regulatory changes in this rule will not impose any costs to industry or government, because of its deregulatory nature. Cost Savings The cost savings to industry equal the difference between the current baseline cost to industry and the remaining cost to industry when the regulatory changes in this rule are implemented. E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES Baseline Cost to Industry Mariners incur costs for the radar refresher or re-certification course. To estimate the cost savings to industry, we first estimated the current costs to industry. These include the cost of the refresher or re-certification course, the time to take the course, and time and mileage costs to travel to take the course. To estimate the cost of the course, the Coast Guard researched and found a sample of course costs from five training centers that offer Coast Guardapproved or accepted radar refresher or re-certification courses. The cost of the courses ranged from $199 to $250. We took an average of the 5 estimates to find the average cost of the courses is $228 (($199 + $250 + $225 + $225 + $243) ÷ 5, rounded to nearest dollar).9 10 11 12 13 We then estimated the cost of the time for the mariners to take the renewal course. The 5 training centers state that the radar refresher or re-certification course is 1-day. For the purposes of complying with service requirements, we defined a day as 8 hours (46 CFR 10.107, Definitions in subchapter B).14 We obtained the wage rate of a mariner from the Bureau of Labor Statistics (BLS), using Occupational Series 53– 5021, Captains, Mates, and Pilots of Water Vessels (May 2016). The BLS reports that the mean hourly wage rate for a Captain, Mate, or Pilot is $39.19.15 To account for employee benefits, we used a load factor of 1.52, which we calculated from 2016 4th quarter BLS data.16 The loaded wage for a mariner is estimated at $59.57 ($39.19 wage rate × 9 Maritime Professional Training, course cost of $199, found at http://www.mptusa.com/course/149Radar-Observer-Recertification-Renewal. 10 Compass Courses, course cost of $250, found at https://compasscourses.com/maritime-safetytraining-courses/radar-re-certification/. 11 The Marine Training Institute, course cost of $225, found at http://themarine traininginstitute.com/ecdis-radar-recertification/. 12 Calhoon MEBA Engineering School, course cost of $225, per correspondence with school representative, found at http:// www.mebaschool.org/ 13 Maritime Institute of Technology & Graduate Studies, course cost of $243, found at https:// www.mitags-pmi.org/courses/view/Radar_ Observer_Recertification. 14 46 CFR 10.107, https://ecfr.io/Title-46/ pt46.1.10#se46.1.10_1107. 15 Mean wage, https://www.bls.gov/oes/2016/ may/oes535021.htm. 16 Employer Costs for Employee Compensation provides information on the employer compensation and can be found in table 9 at https:// www.bls.gov/news.release/archives/ecec_ 03172017.pdf. The loaded wage factor is equal to the total compensation of $28.15 divided by the wages and salary of $18.53. Values for the total compensation, wages, and salary are for all private industry workers in the transportation and material moving occupations, 2016 4th quarter. We use 2016 data to keep estimated cost savings in 2016 dollars. VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 1.52 load factor). We multiplied the loaded wage rate by the hourly burden to find the current cost for a mariner to take the radar refresher or recertification course is $476.56 ($59.57 wage rate × 8-hour burden). The Coast Guard then estimated the cost for the mariners to travel to take the refresher or re-certification course. The radar refresher or re-certification course must be taken in person at a training center. This means the mariners incur costs for time to travel to take the course. We estimated mileage using travel costs assumptions from the ‘‘Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, and Changes to National Endorsements’’ final rule.17 On average, a mariner commutes 50 miles to a training course one-way, or 100 miles round trip. The Federal Highway Administration reports the average commute speed for private vehicles is 28.87 miles per hour.18 We divided the average round trip mileage to the training center by the average commute time to find that it takes an average of 3.46 hours for a mariner to travel to and from the training center (100 miles ÷ 28.87 miles per hour, rounded). We multiplied this by the loaded hourly wage rate to find that the hourly burden per mariner to travel to the training center to take the refresher or recertification course is $206.11 (3.46 hours × $59.57). The mariners also incur additional mileage costs for traveling to the training facility to take the 1-day course, such as gas and wear and tear on their vehicles. We used the U.S. General Services Administration privately owned vehicle mileage reimbursement rate of $0.54 per mile to estimate this additional cost.19 We multiplied this rate by the 100 miles round trip to the training facility to estimate that the mariners incur a cost of $54 per mariner for the additional mileage costs. Table 4 summarizes the costs per mariner to take the radar refresher or recertification course. Adding the cost of the 1-day course, the opportunity cost of time to take the course, and the opportunity cost of roundtrip travel 17 Found at https://www.regulations.gov/docket? D=USCG-2004-17914. Non-commuting driving time estimate found on page 132 of the Regulatory Analysis and Final Regulatory Flexibility Analysis, located under Supporting Documents. 18 ‘‘Summary of Travel Trends: 2009 National Household Travel Survey’’, table 27, found at http://nhts.ornl.gov/2009/pub/stt.pdf. 19 Found at https://www.gsa.gov/travel/planbook/transportation-airfare-rates-pov-rates-etc/ privately-owned-vehicle-pov-rates/pov-mileagerates-archived. We use the 2016 rate to keep all costs in 2016 dollars. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 26589 time and mileage costs to get to the training center, we found that it costs $964.67 per mariner to take the radar refresher or re-certification course. TABLE 4—COSTS PER MARINER FOR RADAR REFRESHER OR RE-CERTIFICATION COURSE Cost category Cost 1-Day Course ............................... Opportunity Cost of Time (8 hours) Spent in Training Facility Opportunity Cost of Roundtrip Travel Time to Training Center Mileage Costs ............................... $228.00 Total ....................................... 964.67 476.56 206.11 54.00 To find the baseline total cost for all mariners to take the radar refresher or re-certification course, we multiplied the total cost per mariner of $964.67 by the annual average number of mariners who currently hold radar observer endorsements. As shown in table 3, we found this to be an annual average of 7,169 mariners. Therefore, the total baseline annual average cost for all mariners is $6,915,719 (7,169 mariners × $964.67 per mariner, rounded). Remaining Costs to Industry After Implementation of the Regulatory Changes The Coast Guard is revising § 11.480 so that the number of mariners required to take a radar refresher or recertification course to renew their radar observer endorsement will be reduced. As shown in table 3 in the ‘‘Affected Population’’ subsection, an average of 132 mariners will still need to take the radar refresher or re-certification course each year. These mariners will continue to have the same costs per mariner shown in table 4. Multiplying the cost per mariner by the average mariners who will still need to take the course each year, we found the total annual cost to industry under this rule will be $127,336 (132 mariners × $964.67 per mariner). Cost Savings To find the total cost savings of this rule, we subtracted the remaining costs from the baseline costs to industry after implementation of the rule. Subtracting $127,336 from $6,915,719, we found the total cost savings of this rule will be $6,788,383 per year. Table 5 shows the total 10-year undiscounted industry cost savings of this rule will be $67,883,830. The 10-year estimated discounted cost savings to industry will be $47,678,762, with an annualized cost savings of $6,788,383, using a 7-percent discount rate. Using a perpetual period of E:\FR\FM\07JNR1.SGM 07JNR1 26590 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations analysis, we estimated the total annualized cost savings of the rule will be $5,541,343 in 2016 dollars (assuming a Year 1 of 2019), using a 7-percent discount rate. TABLE 5—TOTAL ESTIMATED COST SAVINGS OF THE RULE OVER A 10-YEAR PERIOD OF ANALYSIS (DISCOUNTED AT 7 AND 3 PERCENT) Total undiscounted cost savings Year 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $6,788,383 6,788,383 6,788,383 6,788,383 6,788,383 6,788,383 6,788,383 6,788,383 6,788,383 6,788,383 $6,344,283 5,929,237 5,541,343 5,178,825 4,840,023 4,523,386 4,227,464 3,950,901 3,692,431 3,450,870 $6,590,663 6,398,702 6,212,332 6,031,390 5,855,719 5,685,164 5,519,577 5,358,812 5,202,730 5,051,194 Total ...................................................................................................................................... Annualized ..................................................................................................................... 67,883,830 ........................ 47,678,762 6,788,383 57,906,284 6,788,383 Benefits This final rule also provides some qualitative benefits. The CGAA 2015 required the Coast Guard to harmonize the expiration dates of the mariner’s radar observer endorsement with expiration of the mariner’s MMC. Thus, the promulgation of this final rule facilitates compliance with Section 304 of the CGAA 2015. The elimination of the refresher or re-certification course, and validating qualification with a sea service letter with attestation of radar utilization at the time of application for renewal of an MMC brings the endorsement into concurrence with the MMC date of issuance. jbell on DSK3GLQ082PROD with RULES Total, discounted B. 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. Based on the RFA’s definition of a small entity, section 601(6), where it comprises small businesses, non-profit organizations, and small governmental jurisdictions, this final rule only affects mariners and not companies that hire mariners; therefore, mariners do not fall under the definition of a small business, small organization, or small governmental jurisdiction as defined by sections 601(3), 601(4) and 601(5) of the RFA. This rule reduces the burden on mariners by removing the requirement to attend a radar refresher or recertification course every 5 years for mariners who have 1 year of relevant sea service in the previous 5 years in a VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 position that routinely uses radar for navigation and collision avoidance purposes on board radar-equipped vessels, or for Coast Guard-approved or accepted radar course-qualified instructors who have taught the class at least twice within the past 5 years. The MMC and radar observer endorsement is in the mariner’s name and not the company’s name, so we assume the affected mariners receive the cost savings from this final rule. We do not have, nor did we receive during the public comment period, any further information that companies would reimburse the mariners for these costs and would accrue the costs savings. 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. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we offer to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). D. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3520. The information collection associated with this rule is the currently approved collection 1625–0040 (MMC Application).20 The revisions to 46 CFR 15.815 will eliminate the requirement that a person holding a radar endorsement must also have his or her course completion certificate readily available. While the mariner will no longer physically have to carry the certificate, he or she will still have to carry an MMC that reflects a radar observer endorsement. Those mariners who do not have an MMC that reflects a radar observer endorsement will be allowed to sail provided that they hold, and have immediately available, a course completion certificate, issued within the last 5 years, from a Coast Guard-approved or accepted radar refresher or re-certification course. There is no impact to these mariners, as they currently have to carry a certificate to show course completion. 20 The full title of COI 1625–0040 is ‘‘Application for Merchant Mariner Credential (MMC), Application for Medical Certificate, Application for Medical Certificate—Short Form, Small Vessel Sea Service (Optional) Form, DOT/USCG Periodic Drug Testing (Optional) Form, and Disclosure Statement for Narcotics, DWI/DUI, and/or Other Convictions (Optional) Form.’’ E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations E. Federalism A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under Executive Order 13132 and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis follows. It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. See the Supreme Court’s decision in United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). Because this rule involves the credentialing of mariners under 46 U.S.C. 7101, it relates to personnel qualifications and is, therefore, foreclosed from regulation by the States. Because the States may not regulate within this category, this rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132. jbell on DSK3GLQ082PROD with RULES F. 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 discretionary regulatory actions. 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 $100,000,000 (adjusted for inflation) or more in any one year. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630 (Governmental Actions and Interference with Constitutionally Protected Property Rights). H. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 Order 12988 (Civil Justice Reform) to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks). This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this rule under Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use). We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. L. Technical Standards The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards will be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 (series) and Commandant Instruction 5090.1 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 26591 (COMDTINST 5090.1), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under the ADDRESSES section of this preamble. This rule is categorically excluded under paragraphs L52, L54, and L56 of Appendix A, Table 1 of DHS Instruction Manual 023–01 (series). Paragraph L52 pertains to regulations concerning vessel operation safety standards, paragraph L54 pertains to regulations which are editorial or procedural, and paragraph L56 pertains to regulations concerning the training, qualifying, and licensing of maritime personnel. This rule involves merchant mariner credentialing regulations to remove obsolete portions of the radar observer requirements, harmonize the radar observer endorsement with the MMC, and reduce an unneeded financial burden on mariners required to hold a radar observer endorsement. List of Subjects 46 CFR Part 10 Penalties, Personally identifiable information, Reporting and recordkeeping requirements, Seamen. 46 CFR Part 11 Penalties, 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 46 CFR parts 10, 11, and 15 as follows: PART 10—MERCHANT MARINER CREDENTIAL 1. The authority citation for part 10 is revised to read as follows: ■ Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter 75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive Order 10173; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 10.232 as follows: a. Redesignate paragraphs (a)(2)(vii) through (x) as paragraphs (a)(2)(viii) through (xi), respectively; ■ b. Add new paragraph (a)(2)(vii); and ■ c. Revise paragraph (a)(6). ■ ■ E:\FR\FM\07JNR1.SGM 07JNR1 26592 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules and Regulations The addition and revision read as follows: § 10.232 Sea service. (a) * * * (2) * * * (vii) For those seeking to renew a radar observer endorsement, whether the vessel is equipped with radar and if the mariner served in a position that routinely uses radar for navigation and collision avoidance purposes. * * * * * (6) An applicant who has been acting as a pilot may submit a letter from a pilot’s association attesting to the applicant’s sea service. For those pilots seeking to renew a radar observer endorsement, the association’s letter should indicate that the vessels piloted were equipped with radar, and that radar was used by the pilot for navigation and collision avoidance purposes. Pilots not part of an association may submit other relevant records indicating service, such as billing forms. For a raise-of-grade, pilots must comply with the requirements of paragraph (a)(2) of this section. * * * * * PART 11—REQUIREMENTS FOR OFFICER ENDORSEMENTS 3. The authority citation for part 11 is revised to read as follows: jbell on DSK3GLQ082PROD with RULES ■ VerDate Sep<11>2014 16:25 Jun 06, 2019 Jkt 247001 Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, and 70105; Executive Order 10173; Department of Homeland Security Delegation No. 0170.1. Section 11.107 is also issued under the authority of 44 U.S.C. 3507. meeting the renewal requirements of paragraph (d), (f), or (g) of this section will not have a radar observer endorsement placed on his or her MMC. 4. Amend § 11.480 as follows: a. In paragraph (d), remove the text ‘‘paragraph (e)’’ and add in its place the text ‘‘paragraphs (f) or (g)’’; and ■ b. Revise paragraphs (e) through (h). The revisions read as follows: ■ ■ ■ § 11.480 Radar observer. * * * * * (e) A radar observer endorsement issued under this section is valid until the expiration of the mariner’s MMC. (f) A mariner may also renew his or her radar observer endorsement by providing evidence of meeting the requirements in 46 CFR 10.227(e)(1)(v). (g) The Coast Guard will accept onboard training and experience through acceptable documentary evidence of 1 year of relevant sea service within the last 5 years in a position that routinely uses radar for navigation and collision avoidance purposes on vessels equipped with radar as meeting the refresher or re-certification requirements of paragraph (d) of this section. This also applies to mariners applying for raises of grade or new endorsements under 46 CFR 10.231. (h) An applicant for renewal of an MMC who does not provide evidence of PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 PART 15—MANNING REQUIREMENTS 5. The authority citation for part 15 continues to read as follows: Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8103, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 8906 and 9102; sec. 617, Pub. L. 111–281, 124 Stat. 2905; and Department of Homeland Security Delegation No. 0170.1. 6. Amend § 15.815 by revising paragraph (d) and removing paragraph (e). The revision reads as follows: ■ § 15.815 Radar observers. * * * * * (d) Until July 22, 2024, a person may satisfy the requirements in paragraph (a), (b), or (c) by having immediately available a valid course completion certificate from an appropriate Coast Guard-approved or accepted radar course that was issued within the previous 5 years. Dated: May 31, 2019. J.P. Nadeau, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2019–11905 Filed 6–6–19; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26580-26592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11905]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10, 11, and 15

[Docket No. USCG-2018-0100]
RIN 1625-AC46


Amendments to the Marine Radar Observer Refresher Training 
Regulations

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising its merchant mariner credentialing 
regulations to remove obsolete portions of the radar observer 
requirements and harmonize the radar observer endorsement with the 
merchant mariner credential. These revisions will reduce an unnecessary 
financial burden on mariners required to hold a radar observer 
endorsement. This rule will affect mariners who have served on radar-
equipped vessels, in a position that routinely uses radar for 1 year in 
the previous 5 years for navigation and collision avoidance purposes, 
and mariners who have taught a Coast Guard-approved or accepted radar 
course at least twice within the past 5 years. These mariners will no 
longer be required to complete a Coast Guard-approved or accepted radar 
refresher or recertification course in order to renew their radar 
observer endorsements. We are retaining the existing requirements for 
mariners seeking an original radar observer endorsement and for 
mariners who do not have 1 year of routine relevant sea service on 
board radar-equipped vessels in the previous 5 years or have not taught 
a Coast Guard-approved or accepted radar course at least twice within 
the past 5 years. This final rule adopts, with modification, the notice 
of proposed rulemaking published on June 11, 2018.

DATES: This final rule is effective July 22, 2019.

ADDRESSES: You may view comments and related material identified by 
docket number USCG-2018-0100 using the Federal eRulemaking Portal at 
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Mr. Davis Breyer, Coast Guard; telephone 202-372-1445, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose
III. Background and Regulatory History
IV. Discussion of Comments and Changes
V. Discussion of the Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

ARPA Automatic Radar Plotting Aids
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CGAA 2015 Coast Guard Authorization Act of 2015
CGAA 2018 Coast Guard Authorization Act of 2018
DHS Department of Homeland Security
FR Federal Register
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and Documentation
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RA Regulatory analysis
RFA Regulatory Flexibility Act
Sec.  Section
STCW International Convention on the Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended
STCW Code Seafarers' Training, Certification and Watchkeeping Code
U.S.C. United States Code

II. Basis and Purpose

    This rule amends the radar observer requirements by removing 
obsolete portions and harmonizing the expiration dates of the radar 
observer endorsement and the merchant mariner credential (MMC). Title 
46 of the United States Code (U.S.C.), Section 7101 authorizes the 
Coast Guard to determine and establish the experience and professional 
qualifications required for the issuance of officer credentials. The 
Secretary of the Department of Homeland Security (DHS) has delegated 46 
U.S.C. 7101 authority to the Commandant of the Coast Guard by 
Department of Homeland Security Delegation No. 0170.1(II)(92)(e). The 
specifics of these professional qualifications and the Coast Guard's 
evaluation process are prescribed by Title 46 Code of Federal 
Regulations (CFR) parts 10 and 11, and the manning requirements are 
detailed in 46 CFR part 15. Section 304 of the Coast Guard 
Authorization Act of 2015 (CGAA 2015), Public Law 114-120, February 8, 
2016

[[Page 26581]]

(codified as a statutory note to 46 U.S.C. 7302), requires the 
harmonization of expiration dates of a mariner's radar observer 
endorsement with the MMC and the medical certificate, subject to 
certain exceptions.\1\ The CGAA 2015 specifies that the process to 
harmonize cannot require a mariner to renew the MMC before it expires. 
Section 829 of the Coast Guard Authorization Act of 2018 (CGAA 2018), 
Public Law 115-282, requires the Coast Guard to issue a final rule 
eliminating the requirement that a mariner actively using the mariner's 
credential complete a Coast Guard-approved or accepted refresher or re-
certification course to maintain a radar observer endorsement. Section 
829 exempts the final rule eliminating the refresher course requirement 
from 5 U.S.C. chapters 5 and 6, and Executive Orders 12866 and 13563. 
This rule meets the statutory requirement of Section 304 of the CGAA 
2015 with regard to the radar observer endorsement as well as Section 
829 of the CGAA 2018 regarding elimination of the refresher course 
requirement. The CGAA 2015 requirement regarding the medical 
certificate has already been met through policy.\2\
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    \1\ Public Law 114-120, sec. 304(c), creates an exception for 
individuals (1) holding a merchant mariner credential with--(A) an 
active Standards of Training, Certification, and Watchkeeping 
endorsement; or (B) Federal first-class pilot endorsement; or (2) 
who have been issued a time-restricted medical certificate.
    \2\ CG-MMC Policy Letter 01-18: Guidelines for Requesting 
Harmonization of Expiration Dates of Merchant Mariner Credentials 
and Mariner Medical Certificates when Applying for an Original or 
Renewal Merchant Mariner Credential. https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/MMC/CG-MMC-2%20Policies/CG-MMC%2001-18%20Harmonization.pdf?ver=2018-03-02-071916-180.
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III. Background and Regulatory History

    Prior to this rule, 46 CFR 11.480 required that a mariner with a 
radar observer endorsement complete a Coast Guard-approved or accepted 
radar observer refresher or re-certification course every 5 years to 
maintain a valid radar observer endorsement on his or her MMC. In the 
notice of proposed rulemaking (NPRM) [83 FR 26933], we explained the 
history of that requirement and why, without regulatory change, it was 
not possible to harmonize the expiration dates of the radar course 
completion certificate and the MMC.\3\ The NPRM also explained the 
recommendations received from the Merchant Marine Personnel Advisory 
Committee (MERPAC). MERPAC is the federal advisory group representing 
matters relating to maritime personnel, including training, 
qualifications, certification, documentation, fitness standards, and 
other matters. At Meeting 43 in September 2015, MERPAC recommended that 
the Coast Guard review whether requiring training for radar renewal 
every five years makes sense or if underway service on a vessel 
equipped with radar should be considered adequate experience for 
renewal (MERPAC Recommendation 2015-56).\4\ MERPAC recommended the 
Coast Guard consider the history of the radar observer endorsement, the 
current state of radar observer training and prevalence of radar, and 
the concept that knowledge and skills will degrade with time if not 
used or refreshed through training. MERPAC also recommended that the 
Coast Guard consider whether the radar observer endorsement must be on 
the credential. The Coast Guard considered these recommendations when 
drafting the NPRM.
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    \3\ 83 FR 26933, 26934, June 11, 2018.
    \4\ Task Statement #91 from MERPAC. (available at https://homeport.uscg.mil/Lists/Content/DispForm.aspx?&ID=805&Source=https://homeport.uscg.mil/missions/ports-and-waterways/safety-advisory-committees/merpac/task-statements-2.
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    In response to Executive Order 13771 of January 30, 2017 (Reducing 
Regulation and Controlling Regulatory Costs), the Coast Guard asked the 
public and each of the Coast Guard's federal advisory committees for 
suggestions on Coast Guard regulations, guidance documents, 
interpretive documents, and collections of information that should be 
removed or modified to alleviate unnecessary burdens. The Coast Guard 
received requests to revise its radar endorsement renewal regulations 
from both inquiries. In March 2018, MERPAC recommended again that the 
Coast Guard address radar observer endorsement renewal requirements.\5\ 
Additionally, from the general solicitation to the public, the Coast 
Guard received three requests for the Coast Guard to address radar 
observer endorsement renewal requirements.\6\
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    \5\ MERPAC Recommendation #4 to Task Statement #103 (available 
at https://homeport.uscg.mil/Lists/Content/DispForm.aspx?ID=13660&Source=/Lists/Content/DispForm.aspx?ID=13660).
    \6\ https://www.regulations.gov/document?D=USCG-2017-0480-0102 
(page 3) and https://www.regulations.gov/document?D=USCG-2017-0480-0147 (page 11).
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    The Coast Guard has concluded that the current requirement for the 
completion of a Coast Guard-approved or accepted radar refresher or re-
certification course for mariners with relevant and recent service in a 
position using radar for navigation and collision avoidance purposes, 
on board vessels equipped with radar, is not necessary. Completion of 
radar renewal training is unnecessarily burdensome to mariners who 
serve in a position that routinely uses radar for navigational and 
collision avoidance purposes. The potential for accidents still exists, 
and it is important for mariners to be proficient in the use of radar 
as both a navigation and collision avoidance tool. But, radar carriage 
requirements, both in the United States and internationally, have 
increased in the last 60 years, and the current domestic training 
requirements have been in place for 36 years. As a result, currently, 
mariners on vessels outfitted with radar maintain proficiency in the 
use of radar through its constant use to navigate and prevent 
collisions.
    Section 304 of the CGAA 2015 requires the harmonization of 
expiration dates of a mariner's radar observer endorsement with his or 
her MMC, and prohibits requiring a mariner to renew a credential before 
it expires. In this context, the MMC is the primary credential 
documenting the individual's qualifications to perform specific 
functions on board a ship, and should be the point of alignment when 
harmonizing the expiration dates of a mariner's endorsements.
    In looking at this requirement, the Coast Guard also considered 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) of January 30, 2017, the Office of Management and Budget (OMB) 
Guidance of April 5, 2017, on that Executive order, and Executive Order 
13777 (Enforcing the Regulatory Reform Agenda) of February 24, 2017. 
These directives require agencies to review regulations in order to 
provide a reduction of regulatory costs to members of the public. 
Elimination of the requirement to take a radar refresher or re-
certification course every 5 years will eliminate an unnecessary burden 
on the active mariner and make harmonization possible.
    The NPRM published on June 11, 2018, and the comment period closed 
on July 11, 2018. In the NPRM, the Coast Guard proposed to remove the 
radar refresher or re-certification course requirement for an active 
mariner who serves, for 1 year in the previous 5 years, in a position 
using radar for navigation and collision avoidance purposes on vessels 
equipped with radar, or serves as a qualified instructor for a Coast 
Guard-approved or accepted radar course at least twice within the past 
5 years. Radar technology and other equipment associated with radar is 
still evolving. Radar observer trainees and mariners with limited sea 
service need current information provided via

[[Page 26582]]

training to maximize their familiarization with the equipment furnished 
on board when serving on their first vessel as a radar observer. 
Mariners with appropriate sea service, including experience using 
radar, will be exposed to these developments on board. Instructors of 
Coast Guard-approved or accepted radar courses will be exposed to 
developments by updating course materials and teaching. These 
instructors must regularly update course materials in order to ensure 
that they remain current on developments and are able to properly 
lecture and critique their students during simulations.
    This final rule adopts the June 11, 2018 NPRM, with the following 5 
modifications. First, we have amended the regulatory text in Sec.  
10.232(a)(2)(vii) and Sec.  11.480(g) to clarify that a mariner must 
serve in a position that routinely uses radar for navigation and 
collision avoidance purposes on vessels equipped with radar. The Coast 
Guard added the ``routine'' requirement to the regulatory text to 
clarify that this rule eliminates the requirement for refresher or re-
certification training for those mariners who have keep their radar 
skills ``refreshed'' and up to date through the use of radar. Radar 
skills are not refreshed on board a vessel when not routinely used. The 
concept of ``routine use'' was discussed in the preamble to the NRPM, 
but was not specifically laid out in the regulatory text. Second, as 
requested by a commenter, we have clarified in Sec.  10.232(a)(6) that 
the Coast Guard intended to include maritime pilots within the scope of 
the NPRM. Therefore, for pilots seeking to renew a radar observer 
endorsement, the pilot association's letter should indicate that the 
vessels piloted were equipped with radar, and that radar was used by 
the pilot for navigation and collision avoidance purposes. Third, we 
have clarified regulatory text in Sec.  15.815(d) that allows for 
mariners to sail without a radar observer endorsement, provided that 
they hold, and have immediately available, a course completion 
certificate issued within in the last 5 years from a Coast Guard-
approved or accepted radar course. In this final rule we have clarified 
that this exception is only available for five years after the 
effective date of the final rule and that the certificate must have 
been issued within the previous 5 years. Fourth, we have removed the 
reference to a license as Merchant Mariner Credentials have replaced 
licenses. Finally, we clarified in 46 CFR 11.480(g) and (h) that this 
rulemaking applies to mariners applying for raises of grade or new 
endorsements under 46 CFR 10.231.

IV. Discussion of Comments and Changes

    The Coast Guard received 74 submissions by the public in response 
to the NPRM published on June 11, 2018. Comments came from maritime 
training institutions that teach radar observer courses, individual 
radar course instructors, national and local trade associations--
including those for pilots, towing, assistance towing tugs, barges, and 
passenger vessels--individual mariners, and members of the general 
public. Commenters expressed a wide range of experiences, including 
both on oceans and inland rivers. The following discussion contains an 
analysis of comments received and an explanation of changes made to the 
rule as proposed in the NPRM. The Coast Guard appreciates all the 
comments on this matter.

Comments in Support of the Proposal

    The majority of commenters agreed with the proposed changes. Those 
agreeing with the NPRM generally stated that the existing required 
training is a financial burden to active mariners, especially because 
the required training focuses on the use of techniques that are not 
suitable for modern ships and radar equipment.

Comments Opposed to the Proposal, Anticipating Increase in Accident 
Rate and Company Liabilities

    Several commenters felt that this rule would increase accident 
rates, with some citing the possibility of increased liability and a 
change of the apportionment of damages in the event of a casualty. The 
Coast Guard disagrees. The amended regulations will not change the 
current level of safety. Sections 15.405 (Familiarity with Vessel 
Characteristics) and 15.1105 (Familiarization and Basic Training (BT)) 
of 46 CFR remain unchanged. These regulations require that, before 
assuming their duties, credentialed mariners become familiar with their 
duties and the equipment that they will be using. The company's 
responsibility in the event of a casualty remains the same. And, radar 
observer training continues to be required for mariners without recent 
experience either using radar or instructing others in its use.

Concerns About Possible Skill Loss

    Some commenters were concerned that changing the radar refresher or 
re-certification training requirements will result in the loss of radar 
skills. The Coast Guard disagrees. Although mariners serving on vessels 
equipped with modern radars and automatic radar plotting aids (ARPA) 
may not be performing transfer plotting of all radar contacts, they are 
using their knowledge, experience, and skill in vector analysis and the 
true and relative motion concepts learned in radar observer training to 
make their own assessment of collision risk and to verify the target 
data determined by the radar or ARPA. This consistent use of true and 
relative motion concepts and vector analysis is sufficient for mariners 
to retain proficiency. Additionally, 46 CFR 15.405 and 15.1105 address 
familiarization regarding the proper operation of the radar equipment 
for mariners on board ships. Therefore, the Coast Guard does not 
believe that this will have any negative impact on safety.

Skill Retention Through Recent Experience

    One commenter disagreed that 1 year of sea service in the last 5 
years is adequate, by itself, to demonstrate relevant knowledge and 
recency in radar and felt that the Coast Guard should still require a 
refresher or recertification course. This commenter also disagreed with 
the Coast Guard's comparison to the 1:5 standard for Basic Training in 
the development of the standard for radar. The commenter felt that the 
comparison to the Basic Training standard was inadequate because there 
are no monthly drill requirements to reinforce skills taught in a radar 
course as monthly fire and abandon ship drills do for Basic Training 
skills. The Coast Guard disagrees. A radar operator retains proficiency 
in the skills learned in the mariner's original radar endorsement 
training through shipboard experience using radar during navigational 
watchkeeping. Monthly drills are not required to retain this 
proficiency when radar is being regularly used by a mariner. The Coast 
Guard has historically accepted that a stated minimum amount of 
relevant sea service meets the renewal requirements for each specific 
MMC endorsement. In general, refresher training is only required of 
those mariners who do not meet the renewal sea service requirements. 
Radar has been the only exception to this policy. The requirement for a 
radar refresher or recertification course is a holdover from when radar 
was not prevalent and training was not universally required. That is no 
longer the case. The use of radar is now so prevalent and automated 
that it is equivalent to the skills for other MMC endorsements with 
regard to skill retention. Therefore, the

[[Page 26583]]

Coast Guard has retained the sea service requirements as proposed in 
the NPRM.

Rivers and Inland Waters vs. Ocean Radar Use

    Some commenters noted that mariners on rivers and inland waters do 
not use radar for collision avoidance in the same way as mariners on 
oceans. These commenters said that the re-certification or refresher 
courses covering open-water relative motion concepts is not relevant to 
a river environment. These commenters agreed that mariners who work on 
rivers and confined inland waters do not retain relative motion 
concepts, but disagreed on how this issue should be addressed. One 
commenter asserted that the traditional ``unlimited'' re-certification 
course covering open-water relative motion concepts should be retained, 
while another felt that because mariners do not use these concepts on 
rivers, they do not need to be refreshed by training. A third commenter 
felt that refresher or re-certification training on open-water concepts 
is not appropriate for inland and rivers mariners, but that refresher 
or re-certification training tailored to rivers operations should be 
required. The Coast Guard acknowledges that mariners on rivers and 
confined inland waters use radar differently than mariners on oceans, 
but disagrees that mariners who serve in positions that routinely use 
radar need recurrent training. Regardless of the type of waterway, 
active mariners with 1 year of service in the previous 5 years in a 
position that routinely uses radar will retain proficiency for the 
waters upon which they operate.

Suggested Alternative Radar Observer Refresher or Re-Certification 
Requirements

    Some commenters suggested that the Coast Guard revise current radar 
observer refresher or re-certification course requirements to provide 
mariners with information that updates their knowledge and skills with 
the latest radar-associated equipment, such as radar equipment 
features, Automatic Identification Systems, ARPA, and Electronic Chart 
Display and Information Systems. The Coast Guard is reviewing these 
comments and may take separate action in the future on this matter, if 
it is warranted after a complete analysis. This rule, however, 
addresses the requirement to take the course rather than the content of 
the course.
    The Coast Guard also noticed that many commenters, both agreeing 
and disagreeing with the proposed rule change, believed that the 
current value of the radar refresher or re-certification courses lay in 
the provision of updates to the mariner about new developments in radar 
technology. The Coast Guard will consider whether and how this 
information should be distributed, and may ask MERPAC to consider the 
matter in the future.

Suggested Removal of All Radar Observer Renewal Requirements

    Some commenters requested that the Coast Guard remove the radar 
observer renewal requirement for all mariners, even those with less 
than 1 year of sea service in a position that routinely uses radar 
within the last 5 years. The Coast Guard disagrees. A mariner who has 
not used radar as part of his or her navigational watchkeeping for 1 
year within the last 5 years will lose proficiency; as discussed in the 
NPRM, studies have shown that skills deteriorate over time when not 
performed. This rule retains the current refresher or re-certification 
requirements for those mariners.

Clarifying That Maritime Pilots Are Included Within the Proposed Rule

    Several commenters requested clarification about whether the Coast 
Guard had intended to include maritime pilots within the proposed rule. 
The Coast Guard intended to include maritime pilots within the proposed 
rule and has amended Sec.  10.232(a)(6) to provide that clarification.

Limiting the Rule to Only Credentialed Masters and Mates

    One commenter recommended that the removal of the radar observer 
requirement should be limited to masters and mates. The commenter felt 
it would be hard for a company to verify that a particular mariner used 
radar for collision avoidance purposes. The Coast Guard partially 
agrees with the commenter's concern. The Coast Guard has amended the 
regulatory text to state that the radar observer position on board 
ships must routinely use radar for navigation and collision avoidance 
purposes, but the Coast Guard did not restrict the affected positions 
to masters and mates as suggested. The Coast Guard recognizes that 
there are positions on board vessels, other than mate or master that 
routinely use radar and are required to hold additional radar 
endorsements.

Suggested Removal of the Radar Observer Requirement for Mariners 
Working on board Assistance Towing Vessels Equipped With Radar

    A commenter suggested that mariners within the assistance towing 
industry be exempted from the requirement to hold a radar endorsement 
if they are working on board assistance towing vessels equipped with 
radar, because the assistance towing industry is exempt from the radar 
carriage requirement. This comment is outside the scope of this 
rulemaking. While we appreciate this commenter's concerns and request, 
this rulemaking is limited to the renewal requirements of existing 
radar observer endorsements.

Drug Testing Requirements

    A commenter asked for a change to drug testing requirements, citing 
that the requirements for periodic drug testing were changed in a 
previous rulemaking and resulted in an increased number of periodic 
drug tests. While we appreciate this commenter's concerns and request, 
this rulemaking is limited to the renewal requirements of existing 
radar observer endorsements. We have shared this comment with the 
appropriate Coast Guard office.

Suggestions for Radar Direct Scope Plotting Capabilities and Returning 
Loran-C to Operation

    A commenter suggested that marine electronics manufacturers provide 
a direct scope plotting capability to their radar and ARPA products in 
order to receive type approval. This commenter also suggested the 
reinstatement of Loran-C as a backup to GPS. These systems were either 
discontinued or the equipment specifications were adapted nationally 
and internationally to the current requirements many years ago. While 
we appreciate this commenter's concerns and request, this rulemaking is 
limited to the renewal requirements of existing radar observer 
endorsements.

Suggestions for Documenting Sea Service

    A commenter suggested that the Coast Guard develop a radar sea 
service letter template to provide the affected public with a sample 
document depicting the information needed for the mariner's use of the 
alternative provided by this rulemaking. The Coast Guard has declined 
to do so at this time. The Coast Guard does not believe that a unique 
sea service letter is needed beyond the documentation requirements of 
46 CFR 10.232 for those mariners in positions that routinely use radar 
for navigation and collision avoidance purposes. The Coast Guard is 
amending 46 CFR 10.232 to include information on whether the vessel is 
equipped with radar and if the mariner served in a position that 
routinely uses radar for navigation and collision avoidance purposes. 
The information provided on sea service

[[Page 26584]]

documents meeting the requirements of 46 CFR 10.232 should provide 
sufficient documentation. If the need develops for a radar sea service 
letter after the implementation of this rule, the Coast Guard will then 
consider developing a template.
    One commenter asked that the Coast Guard ``clarify that `1 year of 
sea service within the last 5 years' does not mean one year of 
consecutive service, but instead requires the mariner to demonstrate a 
total of at least 365 days of relevant service over the five-year 
period.'' Generally, the Coast Guard defines 1 year, for the purpose of 
complying with the service requirements of 46 subchapter B, as 360 days 
when a person is assigned to work. In order to use sea service in lieu 
of the required radar refresher or re-certification courses, a mariner 
must provide documentary evidence of 360 days of aggregate service in 
the previous 5 years in a position that routinely uses radar for 
navigation and collision avoidance. The Coast Guard notes that 46 CFR 
10.107 provides definitions for service, year, and day. Mariners should 
consult this regulation to determine the specific sea service credit to 
which each mariner is entitled.
    A national pilot's association requested that, if the rule covers 
pilots, that the Coast Guard allow pilots to submit a letter from a 
pilot's association attesting to the applicant's sea service. The 
association provided draft language to be inserted into the Coast 
Guard's proposed revised language for Sec.  10.232(a)(6). As discussed 
above, the Coast Guard intended to include pilots in this rule. The 
language provided by the association has been adopted into this final 
rule in an amended Sec.  10.232(a)(6). Pilots seeking to renew a radar 
observer endorsement can submit a letter from a pilot's association 
attesting to the applicant's sea service. The association's letter 
should indicate that the vessels piloted were equipped with radar, and 
that radar was used by the pilot for navigation and collision avoidance 
purposes.

Online Renewal Training

    Some commenters suggested that the Coast Guard should allow online 
renewal training. Although the Coast Guard may approve certain training 
to be offered online, we do not believe it is feasible for radar 
observer re-certification courses. As radar observer re-certification 
courses are typically 1 day in duration and consist almost exclusively 
of graded examinations and practical exercises, the course is not well-
suited for online delivery. However, online training is possible for 
portions of an original radar observer course, or a multi-day refresher 
course. Guidance on the Coast Guard's policy concerning online training 
is found in Enclosure (5) of Navigation and Vessel Inspection Circular 
3-14.\7\
---------------------------------------------------------------------------

    \7\ Available at https://www.dco.uscg.mil/Portals/9/NMC/pdfs/announcements/2014/nvic-03-14_Course_Approval_Final_with_encls_20140122.pdf.
---------------------------------------------------------------------------

V. Discussion of the Rule

    In this rule, the Coast Guard is revising its regulations to 
eliminate the requirement that a mariner actively using the mariner's 
credential complete an approved or accepted refresher or re-
certification course to maintain a radar observer endorsement. A 
mariner who serves in a relevant position on board a radar-equipped 
vessel for 1 year in the previous 5 years will no longer be required to 
complete a Coast Guard-approved or accepted radar refresher or re-
certification course per 46 CFR 11.480 to renew his or her radar 
observer endorsement. The new requirement for 1 year of sea service 
within the past 5 years is consistent with similar existing sea service 
requirements found in, for example, 46 CFR 10.227(e)(1) (Requirements 
for Renewal); 46 CFR 11.302(c) (Basic Training); and 46 CFR 11.303(c) 
(Advanced Firefighting). For the purposes of this rule, relevant sea 
service means having served in a position that routinely uses radar for 
navigation and collision avoidance purposes on a radar-equipped vessel.
    Additionally, mariners who provide evidence of being a qualified 
instructor and having taught a Coast Guard-approved or accepted radar 
course at least twice within the past 5 years will not be required to 
complete a radar refresher or re-certification course. The 5-year 
interval is based on both national and the International Convention on 
the Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978, as amended (STCW) endorsement requirements that follow 
recognized principles and standards of maritime skill acquisition and 
retention. The provision to allow renewal of the endorsement by an 
instructor of the radar course is consistent with the provision in 46 
CFR 10.227(e)(1)(v) applicable to MMC renewals. This provision would be 
applied to the radar observer endorsement.
    This rule eliminates the requirement to carry a certificate of 
training if the radar observer endorsement is on the MMC, and allows 
the endorsement and MMC to expire at the same time.
    The Coast Guard did consider removing the radar refresher or re-
certification course requirement altogether. However, the Coast Guard 
believes that the competencies required by a radar observer would 
degrade if the mariner does not use them on board vessels or 
periodically refresh them by teaching or completing a course. The 
concept that knowledge and skills will degrade with time if not used or 
refreshed has been applied in other areas of maritime training, such as 
the STCW requirements for basic training course every 5 years, and is a 
recognized factor within the education industry. While there are few 
specific studies in skill degradation in the maritime industry, this 
issue has been the subject of discussion for decades in other 
industries, including the aviation industry.\8\ Also, radar continues 
to be incorporated into other shipboard systems and continues to change 
with advancements in technology. The radar observer must keep current 
with these changes through onboard utilization of skills or a formal 
course of instruction. As a result, the Coast Guard did not pursue 
removing radar renewal training altogether.
---------------------------------------------------------------------------

    \8\ Michael W. Gillen, Degradation of Piloting Skills (Master's 
Thesis), University of North Dakota, Grand Forks (2008), assesses 
professional aircraft pilots' basic instrument skills in the age of 
highly automated cockpits. In addition to the specific findings 
related to the aircraft pilots, the document contains a literature 
review of applicable background studies concerning the general 
theory of learning related to skill acquisition, retention, and 
declination. The referenced literature includes a discussion of the 
inverse nature of practice and completion time. Previous studies 
showed that the time required to perform a task declined at a 
decreasing rate as experience with the task increased. Results from 
some of these previous studies indicated a rapid rate of learning 
depreciation.
    Arthur Winfred, Jr., Bennett Winston, Jr., Pamela L. Stanush, 
and Theresa L. McNelly, ``Factors That Influence Skill Decay and 
Retention: A Quantitative Review and Analysis,'' 11(1) Human 
Performance 57 (1998), presents a review of skill retention and 
skill decay literature about factors that influence the loss of 
trained skills or knowledge over extended periods of non-use. 
Results indicated that there is substantial skill loss after more 
than 365 days of non-use or non-practice. Physical, natural, and 
speed-based tasks--such as checklist and repetitive tasks--were less 
susceptible to skill loss than decision-making tasks that are 
cognitive, artificial, and accuracy-based. Collision avoidance and 
navigation using radar can be considered examples of the latter 
category.
    John M. O'Hara, ``The Retention of Skills Acquired Through 
Simulator-based Training,'' 33(9) Ergonomics 1143 (1990), examines 
the loss of skills among two groups of merchant marine cadets that 
were tested for watchstanding skills immediately preceding and 
following a 9-month simulator-based training program. The mitigation 
of decay as a function of a retraining experience was also 
evaluated. The results indicated that watchstanding skills improved 
following training and declined over the 9-month retention interval, 
and that refresher training was effective in terms of skill loss 
mitigation for some skill areas.
---------------------------------------------------------------------------

    In summary, the Coast Guard will continue to require attendance at 
a radar

[[Page 26585]]

refresher or re-certification course for mariners seeking to renew a 
radar observer endorsement on the basis of sea service if they do not 
have 1 year of relevant sea service in the previous 5 years in a 
position that routinely uses radar for navigation and collision 
avoidance purposes, on vessels equipped with radar. As discussed 
earlier, mariners with radar observer endorsements who do have 1 year 
of relevant sea service within the previous 5 years and have served in 
a position that routinely uses radar for navigation and collision 
avoidance purposes, on board a radar-equipped vessel, or who have met 
certain instructor requirements, will be able to renew the radar 
observer endorsement without completing a course. In addition, the 
radar observer endorsement will expire with the MMC, and the mariner 
with a radar observer endorsement will no longer be required to present 
a course completion certificate within 48 hours of the demand to do so 
by an authorized official.
    Following is a section-by-section discussion of the changes.

46 CFR 11.480 Radar Observer

    This rule revises 46 CFR 11.480(d), (e), (f), (g), and (h). A 
current course completion certificate from a Coast Guard-approved or 
accepted radar refresher or re-certification course in accordance with 
46 CFR 11.480 will no longer be the only determinant of a mariner's 
continued competency as a radar observer.
    This rule revises 46 CFR 11.480 to apply the provisions of 46 CFR 
10.227(e)(1)(v) to the radar observer endorsement. A qualified 
instructor who has taught a Coast Guard-approved or accepted radar 
observer course at least twice within the past 5 years will not be 
required to complete a refresher or re-certification course, because he 
or she will have met the standards to receive a course completion 
certificate. The course approval process, in accordance with 46 CFR 
subpart D, evaluates instructors to determine whether they are 
qualified to teach the course.
    Mariners will be allowed to use recent sea service in place of 
completing a radar refresher or re-certification course. Mariners able 
to provide evidence of 1 year of relevant sea service within the last 5 
years in a position that routinely uses radar for navigation and 
collision avoidance purposes on vessels equipped with radar will not be 
required to attend a refresher or recertification course. This also 
applies to mariners applying for raises of grade or new endorsements 
under 46 CFR 10.231. As a result, 46 CFR 11.480(g) and (h) were 
amended.
    Prior to this rule, 46 CFR 11.480(h) allowed an applicant seeking a 
raise of grade or increase in scope of an MMC endorsement, where the 
increased grade or scope required a radar observer certificate, to use 
an expired certificate to fulfill that requirement. However, a radar 
endorsement was not placed on the credential. This provision was put in 
place because, prior to this rule, expirations of MMCs and radar 
certificates rarely expired on or near the same date. We are revising 
46 CFR 11.480(h) to align the MMC with the radar endorsement and ensure 
evidence of competence in the use of the radar through experience or 
completion of the course. Consequently, applicants for a raise of grade 
or increase in scope that requires radar but do not currently have 
radar endorsed on their MMC, will be required to renew the radar 
endorsement. A radar endorsement on the MMC will be considered 
acceptable evidence of current radar experience or knowledge for 
purposes of a raise of grade or increase in scope where that increase 
requires radar training.
    To renew a radar endorsement the applicant must provide the 
following information: (1) Evidence of 1 year of sea service within the 
last 5 years in a position that routinely uses radar for navigation and 
collision avoidance purposes on board radar-equipped vessels; or (2) 
evidence of having been a qualified instructor who has taught a Coast 
Guard-approved or accepted radar observer course at least twice within 
the past 5 years; or (3) successful completion of a Coast Guard-
approved or accepted radar course within the past 5 years. If the 
applicant does not provide evidence of meeting the requirements for the 
radar observer endorsement, the endorsement will not be granted.

46 CFR 15.815 Radar Observers

    This rule revises 46 CFR 15.815 to eliminate the requirement that a 
person required to hold a radar endorsement must have his or her course 
completion certificate readily available. Having the course completion 
certificate available is no longer necessary, because the expiration 
date of the MMC and the radar endorsement coincide, making the radar 
observer endorsement in the MMC prima facie evidence that its holder 
meets the radar training standards. That was not the case previously. 
The Coast Guard recognizes the need for a transition period. Therefore, 
we are modifying the language in Sec.  15.815(d) and removing paragraph 
(e) related to carrying and producing the radar course completion 
certificate. If a mariner qualifies for a radar endorsement after their 
MMC is issued, they can apply for a radar endorsement to be added to 
their MMC. This provision will expire on July 22, 2024. After that 
date, mariners may serve on board a vessel in a position that uses 
radar if they have a radar observer endorsement on their MMC. While the 
NPRM proposed revising Sec.  15.815(d) to allow the mariners listed in 
Sec.  15.815(a), (b), and (c) to sail without a radar observer 
endorsement, provided that they hold, and have immediately available, a 
course completion certificate issued within the last 5 years from a 
Coast Guard-approved or accepted radar course, the proposed text lacked 
clarity and a termination date. This final rule modifies the revision 
of Sec.  15.815(d) to retain the intended flexibility for mariners who 
were not qualified for the radar observer endorsement at their last 
credential application, but have subsequently completed a Coast Guard-
approved or accepted radar course and hold a course completion 
certificate. Section 304 of Public Law 114-120, CGAA 2015, directed the 
Coast Guard to harmonize MMC, medical certificate, and radar observer 
expiration dates. It further directed the Coast Guard to establish a 
process that would not require mariners to renew their MMCs early. 
Consistent with the Congressional intent in section 304(b)(1) that 
mariners not be required to incur unnecessary application fees, the 
Coast Guard is providing this flexibility to ensure that mariners with 
valid radar observer course completion certificates do not have to 
apply to add the radar endorsement to their MMCs before their next MMC 
renewal.

46 CFR 10.232 Sea Service

    Finally, the Coast Guard is adding corresponding requirements to 
Sec.  10.232(a) so that the sea service letter indicates whether the 
vessel the mariner has served on is equipped with radar, and that the 
mariner served in a position that routinely uses radar for navigation 
and collision avoidance purposes. While certain vessels are required to 
be equipped with radar, some vessels are not required to do so, such as 
offshore supply vessels of less than 100 gross tons and mechanically 
propelled vessels of less than 1,600 gross tons in ocean or coastwise 
service. Although these vessels are not required to be equipped with 
radar, some of them are equipped with radars. This rule ensures that 
mariners serving in a position that routinely uses radar for navigation 
and collision avoidance purposes, on vessels equipped with radar, will 
get credit towards renewal of

[[Page 26586]]

the radar observer endorsement, regardless of whether the vessel was 
required to carry radar.
    In addition, the Coast Guard did not propose specific regulatory 
text on radar observer endorsement requirements for maritime pilots 
seeking to renew a radar observer endorsement. In response to several 
public comments asking about pilots, the Coast Guard is amending Sec.  
10.232(a)(6) to clarify that, for pilots seeking to renew a radar 
observer endorsement, their association's letter should indicate that 
the vessels piloted were equipped with radar, and that radar was used 
by the pilot for navigation and collision avoidance purposes.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. DHS 
considers this rule to be an Executive Order 13771 deregulatory action. 
See OMB's Memorandum ``Guidance Implementing Executive Order 13771, 
Titled `Reducing Regulation and Controlling Regulatory Costs' '' (April 
5, 2017). Details on the estimated cost savings of this rule can be 
found in the rule's regulatory analysis (RA) that follows.
    Table 1 summarizes the changes to the regulatory text from the NPRM 
to this final rule. In this final rule, the Coast Guard incorporated 
``routinely'' into Sec. Sec.  10.232(a)(2)(vii) and 11.480(g), and 
``For those pilots seeking to renew a radar observer endorsement, the 
association's letter should indicate that the vessels piloted were 
equipped with radar, and that radar was used by the pilot for 
navigation and collision avoidance purposes'' in Sec.  10.232(a)(6). 
These revisions to the regulatory text proposed in the NPRM were only 
for clarification purposes; thus, the numerical assessment and 
conclusions from the RA included in the NPRM (83 FR 26933, June 11, 
2018) remain unchanged.

                               Table 1--Summary of Changes From NPRM to Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                                            Resulting impact on
        Regulatory text                      NPRM                      Final rule                    RA
----------------------------------------------------------------------------------------------------------------
Sec.   10.232(a)(2)(vii).......  Mariner served in a positon  Mariner served in a          No impact; edits made
                                  using radar.                 position that routinely      for clarification
                                                               uses radar.                  purposes.
Sec.   10.232(a)(6)............  An applicant who has been    An applicant who has been    No impact; edits made
                                  acting as a pilot may        acting as a pilot may        for consistency with
                                  submit a letter from a       submit a letter from a       46 CFR
                                  pilot's association          pilot's association          10.232(a)(2)(vii).
                                  attesting to the             attesting to the
                                  applicant's sea service.     applicant's sea service.
                                  Pilots not part of an        For those pilots seeking
                                  association may submit       to renew a radar observer
                                  other relevant records       endorsement, the
                                  indicating service, such     association's letter
                                  as billing forms. For a      should indicate that the
                                  raise-of-grade, pilots       vessels piloted were
                                  must comply with the         equipped with radar, and
                                  requirements of paragraph    that radar was used by the
                                  (a)(2) of this section.      pilot for navigation and
                                                               collision avoidance
                                                               purposes. Pilots not part
                                                               of an association may
                                                               submit other relevant
                                                               records indicating
                                                               service, such as billing
                                                               forms. For a raise-of-
                                                               grade, pilots must comply
                                                               with the requirements of
                                                               paragraph (a)(2) of this
                                                               section.
Sec.   11.480(g)...............  1 year of relevant sea       1 year of relevant sea       No impact; edits made
                                  service within the last 5    service within the last 5    for clarification
                                  years in a position using    years in a position that     purposes.
                                  radar.                       routinely uses radar.
Sec.   11.480(h)...............  An applicant for renewal of  An applicant for renewal of  No impact; edit made
                                  a license or MMC who does    a MMC who does not provide   for accuracy.
                                  not provide evidence of      evidence of meeting the
                                  meeting the renewal          renewal requirements of
                                  requirements of paragraphs   paragraphs (d), (f), or
                                  (d), (f), or (g) of this     (g) of this section will
                                  section will not have a      not have a radar observer
                                  radar observer endorsement   endorsement placed on his
                                  placed on his or her MMC.    or her MMC.
Sec.   15.815(d)...............  In the event that a person   Until July 22, 2024, a       No impact; edits made
                                  described in paragraphs      person may satisfy the       for standardization.
                                  (a), (b), or (c) of this     requirements in paragraphs
                                  section does not hold an     (a), (b), or (c) by having
                                  endorsement as radar         immediately available a
                                  observer, he or she must     valid course completion
                                  have immediately available   certificate from an
                                  a valid course completion    appropriate Coast Guard-
                                  certificate from a Coast     approved or accepted radar
                                  Guard-approved radar         course that was issued
                                  course.                      within the previous 5
                                                               years.
----------------------------------------------------------------------------------------------------------------


[[Page 26587]]

    This RA provides an evaluation of the economic impacts associated 
with this rule. The Coast Guard is revising its regulations so that a 
mariner who served on board a radar-equipped vessel for 1 year in the 
previous 5 years, in a position that routinely uses radar for 
navigation and collision avoidance purposes, is not required to 
complete a Coast Guard-approved or accepted radar refresher or re-
certification course to renew their radar observer endorsement, as 
discussed in section V of this rule. Additionally, mariners who provide 
evidence of being a qualified instructor and having taught a Coast 
Guard-approved or accepted radar observer course at least twice within 
the past 5 years will not be required to complete a radar refresher or 
re-certification course. Table 2 provides a summary of the affected 
population, costs, and cost savings after implementation of this rule. 
The total 10-year discounted cost savings of the rule will be 
$47,678,762 and the annualized total cost savings will be $6,788,383, 
both discounted at 7 percent. We expect that an average of 7,037 
mariners will benefit from this rule each year. This rule will result 
in cost savings to these mariners for no longer incurring the costs to 
complete the radar observer refresher or re-certification course. There 
will be no impact to those mariners seeking an original radar observer 
endorsement or who do not have 1 year of relevant sea service in a 
position that routinely uses radar for navigation and collision 
avoidance purposes, on board radar-equipped vessels in the previous 5 
years. This rule will not impose costs on industry.

                                Table 2--Summary of the Impacts of the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                           Affected
             Change                   Description         population             Costs           Cost Savings
----------------------------------------------------------------------------------------------------------------
Revise 46 CFR 11.480 (d), (e),    Revise the          Total of 35,183     No cost...........  $6,788,383
 (f), (g), and (h).                merchant mariner    mariners will no                        annualized and
                                   credentialing       longer be                               $47,678,762 10-
                                   regulations to      required to take                        year present
                                   allow mariners      radar refresher                         value monetized
                                   who are qualified   or re-                                  industry benefits
                                   instructors and     certification                           (cost savings)
                                   mariners who have   course..                                (7% discount
                                   served 1 year of   Annual average of                        rate).
                                   sea service in      7,037 mariners
                                   the previous 5 in   per year benefit
                                   a position that     from rule
                                   routinely uses      (rounded).
                                   radar for
                                   navigation and
                                   collision
                                   avoidance
                                   purposes on radar-
                                   equipped vessels
                                   to retain their
                                   radar observer
                                   endorsement
                                   without being
                                   required to take
                                   a radar renewal
                                   or re-
                                   certification
                                   course.
Revise 46 CFR 15.815............  Remove requirement  35,183 mariners...  No cost...........  No cost savings.
                                   that a person
                                   with a radar
                                   observer
                                   endorsement must
                                   have a
                                   certificate of
                                   training readily
                                   available.
Revise 46 CFR 10.232(a)(2)......  Add requirement     35,183 mariners...  No quantifiable     No cost savings.
                                   that sea service                        cost. Cost to add
                                   letters include                         one line item to
                                   the information                         company's regular
                                   that the vessel                         update to the
                                   the mariner has                         service letter is
                                   served on is                            too small to
                                   radar equipped                          quantify.
                                   and the mariner
                                   served in a
                                   position that
                                   routinely uses
                                   radar for
                                   navigation and
                                   collision
                                   avoidance
                                   purposes.
----------------------------------------------------------------------------------------------------------------

    The revisions to 46 CFR 11.480 will result in cost savings to those 
mariners who will no longer have to complete the radar observer 
refresher or re-certification course.
    The revisions to 46 CFR 15.815 will eliminate the requirement that 
a person holding a radar endorsement must also have his or her course 
completion certificate readily available. While the mariner will no 
longer physically have to carry the certificate, he or she will still 
have to physically carry an MMC that reflects a radar observer 
endorsement. The costs of obtaining the copy of the certificate are 
included in the cost of the completion of the course. Therefore, any 
cost savings from these revisions are included in the calculations of 
the cost savings to the revisions to 46 CFR 11.480. Those mariners who 
do not have an MMC that reflects a radar observer endorsement will be 
allowed to sail if they hold, and have immediately available, a course 
completion certificate, issued within the last 5 years, from a Coast 
Guard-approved or accepted radar course. There is no impact to these 
mariners, as they currently have to carry a certificate to show course 
completion. This exemption is only available for 5 years after the 
effective date of this rule.
    The revisions to 46 CFR 10.232 will add a requirement that the sea 
service letter for those seeking to renew a radar observer endorsement 
indicate whether the mariner served on a vessel equipped with radar, 
and if the mariner served in a position that routinely used radar for 
navigation and collision avoidance purposes. The operating companies 
that use service letters are already required to provide mariner 
service information. These companies will have to add a line item once 
per vessel, and then the line item will be available for all mariners 
serving on that radar-equipped vessel, if they are serving in a 
position that routinely uses radar for navigation and collision 
avoidance purposes. The companies generally produce a service letter 
once every 5 years to provide the employees the documentation necessary 
to renew their credentials. We expect the additional line will be 
included in the company's regular updates to service letters.
Affected Population
    We expect that this rule will affect mariners with a radar observer 
endorsement and mariners who will need one in the future. More 
specifically, it will affect those mariners with at least 1 year of sea 
service in the previous 5 years in a position that routinely uses radar 
for navigation and collision avoidance purposes on board a

[[Page 26588]]

radar-equipped vessel, as they will no longer be required to complete a 
Coast Guard-approved or accepted radar refresher or re-certification 
course, per 46 CFR 11.480, in order to renew their radar observer 
endorsement. It will also affect mariners who have taught a Coast 
Guard-approved or accepted radar course at least twice within the past 
5 years, the majority of whom hold a valid endorsement and will be 
included in the affected population. The radar observer endorsement 
will expire with the MMC, and the mariner will no longer be required to 
carry the course completion certificate.
    We used data from the Coast Guard's Merchant Mariner Licensing and 
Documentation (MMLD) system to estimate the average number of mariners 
affected by this rule. The MMLD system is used to produce MMCs at the 
National Maritime Center. Table 3 below shows the radar endorsement 
data from the MMLD system used to estimate the affected population. The 
MMLD system does not have exam data prior to 2011 for the mariners who 
took the rules of the road exam to renew an MMC.

                              Table 3--Mariners Holding Radar Observer Endorsements
----------------------------------------------------------------------------------------------------------------
                                                         Mariners who hold
                                                          a radar observer  Mariners who took
                          Year                              endorsement     rules of the road     Mariners who
                                                           (current total   exam to renew MMC  benefit from rule
                                                            population)
----------------------------------------------------------------------------------------------------------------
2011...................................................             37,612                488             37,124
2012...................................................             38,114                572             37,542
2013...................................................             37,011                638             36,373
2014...................................................             35,262                671             34,591
2015...................................................             34,280                716             33,564
2016...................................................             34,546                777             33,769
2017...................................................             34,076                755             33,321
                                                        --------------------------------------------------------
    Average total mariners.............................             35,843                660             35,183
        Impacted per year..............................              7,169                132              7,037
----------------------------------------------------------------------------------------------------------------

    The ``Mariners Who Hold a Radar Observer Endorsement'' column shows 
the number of unique mariners who, on January 1 of each year, held a 
valid MMC with a radar observer endorsement. Per Sec.  11.480, each 
applicant for a renewal of a radar observer endorsement must complete 
the appropriate Coast Guard-approved or accepted refresher or re-
certification course, receive the appropriate course completion 
certificate, and present the certificate or a copy of the certificate 
to the Coast Guard. A radar observer endorsement is valid for 5 years 
from the date of completion of the Coast Guard-approved or accepted 
course. From 2011 to 2017, an average of 35,843 total mariners held a 
valid MMC with a radar observer endorsement. The Coast Guard does not 
have more detailed information as to the expiration for each mariner's 
radar observer endorsement. Therefore, we divided the total number of 
mariners by 5 to estimate that an average of 7,169 mariners will need 
to take the radar refresher or re-certification course each year 
(35,843 total number of mariners / 5, rounded to nearest whole number).
    Under this rule, the Coast Guard expects that a portion of this 
total will not have 1 year of sea service in the last 5 years in a 
position that routinely uses radar for navigation and collision 
avoidance purposes on board radar-equipped vessels. Some mariners are 
inactive, but still complete the requirements to renew an MMC. The 
requirements for the renewal of an MMC are in Sec.  10.227. In order to 
renew their credentials, mariners must present acceptable documentary 
evidence of at least 1 year of sea service during the past 5 years, or 
pass a comprehensive, open-book exercise that includes a rules of the 
road examination. The MMLD database tracks mariners who take the rules 
of the road exam. The ``Mariners Who Took Rules of the Road Exam to 
Renew MMC'' column in table 3 shows the number of the unique mariners 
in the ``Mariners Who Hold a Radar Observer Endorsement (Current Total 
Population)'' column who took the rules of the road examination as part 
of the MMC renewal process for their existing valid MMCs, not the 
number of mariners who took the rules of the road exam in that given 
year. Therefore, we used this as a proxy to estimate the number of 
mariners who did not have 1 year of sea service in the last 5 years. 
Under this rule, an average of 660 total mariners will still have to 
take a Coast Guard-approved or accepted radar refresher or re-
certification course in order to maintain the radar observer 
endorsement. The Coast Guard does not have more detailed information as 
to when each mariner took the radar refresher or re-certification 
course over the 5-year period. We divided the total number of mariners 
by 5 to find an average of 132 mariners will still need to take the 
exam each year (660 total number of mariners / 5).
    We subtracted the number in the ``Mariners Who Took Rules of the 
Road Exam to Renew MMC'' column from the number in the ``Mariners Who 
Hold a Radar Observer Endorsement'' column to find the mariners who, 
under this rule, will not have had to take a radar refresher or re-
certification course when they last renewed their MMC. From 2011 to 
2017, an average of 35,183 mariners held radar observer endorsements 
and had at least 1 year of relevant sea service during the past 5 
years. This number represents the total number of mariners expected to 
benefit from this rule. We divided the total number of mariners 
expected to benefit from this rule by 5 to find the average number of 
mariners who will benefit each year (35,183 total number of mariners / 
5). This totals to an average of 7,037 (rounded to nearest whole 
number) mariners per year who will no longer have to take a Coast 
Guard-approved or accepted radar refresher or re-certification course.
Costs
    The regulatory changes in this rule will not impose any costs to 
industry or government, because of its deregulatory nature.
Cost Savings
    The cost savings to industry equal the difference between the 
current baseline cost to industry and the remaining cost to industry 
when the regulatory changes in this rule are implemented.

[[Page 26589]]

Baseline Cost to Industry
    Mariners incur costs for the radar refresher or re-certification 
course. To estimate the cost savings to industry, we first estimated 
the current costs to industry. These include the cost of the refresher 
or re-certification course, the time to take the course, and time and 
mileage costs to travel to take the course. To estimate the cost of the 
course, the Coast Guard researched and found a sample of course costs 
from five training centers that offer Coast Guard-approved or accepted 
radar refresher or re-certification courses. The cost of the courses 
ranged from $199 to $250. We took an average of the 5 estimates to find 
the average cost of the courses is $228 (($199 + $250 + $225 + $225 + 
$243) / 5, rounded to nearest dollar).9 10 11 12 13
---------------------------------------------------------------------------

    \9\ Maritime Professional Training, course cost of $199, found 
at http://www.mptusa.com/course/149-Radar-Observer-Recertification-Renewal.
    \10\ Compass Courses, course cost of $250, found at https://compasscourses.com/maritime-safety-training-courses/radar-re-certification/.
    \11\ The Marine Training Institute, course cost of $225, found 
at http://themarinetraininginstitute.com/ecdis-radar-recertification/.
    \12\ Calhoon MEBA Engineering School, course cost of $225, per 
correspondence with school representative, found at http://www.mebaschool.org/
    \13\ Maritime Institute of Technology & Graduate Studies, course 
cost of $243, found at https://www.mitags-pmi.org/courses/view/Radar_Observer_Recertification.
---------------------------------------------------------------------------

    We then estimated the cost of the time for the mariners to take the 
renewal course. The 5 training centers state that the radar refresher 
or re-certification course is 1-day. For the purposes of complying with 
service requirements, we defined a day as 8 hours (46 CFR 10.107, 
Definitions in subchapter B).\14\ We obtained the wage rate of a 
mariner from the Bureau of Labor Statistics (BLS), using Occupational 
Series 53-5021, Captains, Mates, and Pilots of Water Vessels (May 
2016). The BLS reports that the mean hourly wage rate for a Captain, 
Mate, or Pilot is $39.19.\15\ To account for employee benefits, we used 
a load factor of 1.52, which we calculated from 2016 4th quarter BLS 
data.\16\ The loaded wage for a mariner is estimated at $59.57 ($39.19 
wage rate x 1.52 load factor). We multiplied the loaded wage rate by 
the hourly burden to find the current cost for a mariner to take the 
radar refresher or re-certification course is $476.56 ($59.57 wage rate 
x 8-hour burden).
---------------------------------------------------------------------------

    \14\ 46 CFR 10.107, https://ecfr.io/Title-46/pt46.1.10#se46.1.10_1107.
    \15\ Mean wage, https://www.bls.gov/oes/2016/may/oes535021.htm.
    \16\ Employer Costs for Employee Compensation provides 
information on the employer compensation and can be found in table 9 
at https://www.bls.gov/news.release/archives/ecec_03172017.pdf. The 
loaded wage factor is equal to the total compensation of $28.15 
divided by the wages and salary of $18.53. Values for the total 
compensation, wages, and salary are for all private industry workers 
in the transportation and material moving occupations, 2016 4th 
quarter. We use 2016 data to keep estimated cost savings in 2016 
dollars.
---------------------------------------------------------------------------

    The Coast Guard then estimated the cost for the mariners to travel 
to take the refresher or re-certification course. The radar refresher 
or re-certification course must be taken in person at a training 
center. This means the mariners incur costs for time to travel to take 
the course. We estimated mileage using travel costs assumptions from 
the ``Implementation of the 1995 Amendments to the International 
Convention on Standards of Training, Certification, and Watchkeeping 
for Seafarers, 1978, and Changes to National Endorsements'' final 
rule.\17\ On average, a mariner commutes 50 miles to a training course 
one-way, or 100 miles round trip. The Federal Highway Administration 
reports the average commute speed for private vehicles is 28.87 miles 
per hour.\18\ We divided the average round trip mileage to the training 
center by the average commute time to find that it takes an average of 
3.46 hours for a mariner to travel to and from the training center (100 
miles / 28.87 miles per hour, rounded). We multiplied this by the 
loaded hourly wage rate to find that the hourly burden per mariner to 
travel to the training center to take the refresher or re-certification 
course is $206.11 (3.46 hours x $59.57). The mariners also incur 
additional mileage costs for traveling to the training facility to take 
the 1-day course, such as gas and wear and tear on their vehicles. We 
used the U.S. General Services Administration privately owned vehicle 
mileage reimbursement rate of $0.54 per mile to estimate this 
additional cost.\19\ We multiplied this rate by the 100 miles round 
trip to the training facility to estimate that the mariners incur a 
cost of $54 per mariner for the additional mileage costs.
---------------------------------------------------------------------------

    \17\ Found at https://www.regulations.gov/docket?D=USCG-2004-17914. Non-commuting driving time estimate found on page 132 of the 
Regulatory Analysis and Final Regulatory Flexibility Analysis, 
located under Supporting Documents.
    \18\ ``Summary of Travel Trends: 2009 National Household Travel 
Survey'', table 27, found at http://nhts.ornl.gov/2009/pub/stt.pdf.
    \19\ Found at https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-rates/pov-mileage-rates-archived. We use the 2016 rate to keep 
all costs in 2016 dollars.
---------------------------------------------------------------------------

    Table 4 summarizes the costs per mariner to take the radar 
refresher or re-certification course. Adding the cost of the 1-day 
course, the opportunity cost of time to take the course, and the 
opportunity cost of roundtrip travel time and mileage costs to get to 
the training center, we found that it costs $964.67 per mariner to take 
the radar refresher or re-certification course.

   Table 4--Costs per Mariner for Radar Refresher or Re-Certification
                                 Course
------------------------------------------------------------------------
                        Cost category                             Cost
------------------------------------------------------------------------
1-Day Course.................................................    $228.00
Opportunity Cost of Time (8 hours) Spent in Training Facility     476.56
Opportunity Cost of Roundtrip Travel Time to Training Center.     206.11
Mileage Costs................................................      54.00
                                                              ----------
    Total....................................................     964.67
------------------------------------------------------------------------

    To find the baseline total cost for all mariners to take the radar 
refresher or re-certification course, we multiplied the total cost per 
mariner of $964.67 by the annual average number of mariners who 
currently hold radar observer endorsements. As shown in table 3, we 
found this to be an annual average of 7,169 mariners. Therefore, the 
total baseline annual average cost for all mariners is $6,915,719 
(7,169 mariners x $964.67 per mariner, rounded).
Remaining Costs to Industry After Implementation of the Regulatory 
Changes
    The Coast Guard is revising Sec.  11.480 so that the number of 
mariners required to take a radar refresher or re-certification course 
to renew their radar observer endorsement will be reduced. As shown in 
table 3 in the ``Affected Population'' subsection, an average of 132 
mariners will still need to take the radar refresher or re-
certification course each year. These mariners will continue to have 
the same costs per mariner shown in table 4. Multiplying the cost per 
mariner by the average mariners who will still need to take the course 
each year, we found the total annual cost to industry under this rule 
will be $127,336 (132 mariners x $964.67 per mariner).
Cost Savings
    To find the total cost savings of this rule, we subtracted the 
remaining costs from the baseline costs to industry after 
implementation of the rule. Subtracting $127,336 from $6,915,719, we 
found the total cost savings of this rule will be $6,788,383 per year. 
Table 5 shows the total 10-year undiscounted industry cost savings of 
this rule will be $67,883,830. The 10-year estimated discounted cost 
savings to industry will be $47,678,762, with an annualized cost 
savings of $6,788,383, using a 7-percent discount rate. Using a 
perpetual period of

[[Page 26590]]

analysis, we estimated the total annualized cost savings of the rule 
will be $5,541,343 in 2016 dollars (assuming a Year 1 of 2019), using a 
7-percent discount rate.

   Table 5--Total Estimated Cost Savings of the Rule Over a 10-Year Period of Analysis (Discounted at 7 and 3
                                                    Percent)
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Total, discounted
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................      $6,788,383      $6,344,283      $6,590,663
2...............................................................       6,788,383       5,929,237       6,398,702
3...............................................................       6,788,383       5,541,343       6,212,332
4...............................................................       6,788,383       5,178,825       6,031,390
5...............................................................       6,788,383       4,840,023       5,855,719
6...............................................................       6,788,383       4,523,386       5,685,164
7...............................................................       6,788,383       4,227,464       5,519,577
8...............................................................       6,788,383       3,950,901       5,358,812
9...............................................................       6,788,383       3,692,431       5,202,730
10..............................................................       6,788,383       3,450,870       5,051,194
                                                                 -----------------------------------------------
    Total.......................................................      67,883,830      47,678,762      57,906,284
        Annualized..............................................  ..............       6,788,383       6,788,383
----------------------------------------------------------------------------------------------------------------

Benefits
    This final rule also provides some qualitative benefits. The CGAA 
2015 required the Coast Guard to harmonize the expiration dates of the 
mariner's radar observer endorsement with expiration of the mariner's 
MMC. Thus, the promulgation of this final rule facilitates compliance 
with Section 304 of the CGAA 2015. The elimination of the refresher or 
re-certification course, and validating qualification with a sea 
service letter with attestation of radar utilization at the time of 
application for renewal of an MMC brings the endorsement into 
concurrence with the MMC date of issuance.

B. 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.
    Based on the RFA's definition of a small entity, section 601(6), 
where it comprises small businesses, non-profit organizations, and 
small governmental jurisdictions, this final rule only affects mariners 
and not companies that hire mariners; therefore, mariners do not fall 
under the definition of a small business, small organization, or small 
governmental jurisdiction as defined by sections 601(3), 601(4) and 
601(5) of the RFA.
    This rule reduces the burden on mariners by removing the 
requirement to attend a radar refresher or re-certification course 
every 5 years for mariners who have 1 year of relevant sea service in 
the previous 5 years in a position that routinely uses radar for 
navigation and collision avoidance purposes on board radar-equipped 
vessels, or for Coast Guard-approved or accepted radar course-qualified 
instructors who have taught the class at least twice within the past 5 
years. The MMC and radar observer endorsement is in the mariner's name 
and not the company's name, so we assume the affected mariners receive 
the cost savings from this final rule. We do not have, nor did we 
receive during the public comment period, any further information that 
companies would reimburse the mariners for these costs and would accrue 
the costs savings.
    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.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. The information 
collection associated with this rule is the currently approved 
collection 1625-0040 (MMC Application).\20\ The revisions to 46 CFR 
15.815 will eliminate the requirement that a person holding a radar 
endorsement must also have his or her course completion certificate 
readily available. While the mariner will no longer physically have to 
carry the certificate, he or she will still have to carry an MMC that 
reflects a radar observer endorsement. Those mariners who do not have 
an MMC that reflects a radar observer endorsement will be allowed to 
sail provided that they hold, and have immediately available, a course 
completion certificate, issued within the last 5 years, from a Coast 
Guard-approved or accepted radar refresher or re-certification course. 
There is no impact to these mariners, as they currently have to carry a 
certificate to show course completion.
---------------------------------------------------------------------------

    \20\ The full title of COI 1625-0040 is ``Application for 
Merchant Mariner Credential (MMC), Application for Medical 
Certificate, Application for Medical Certificate--Short Form, Small 
Vessel Sea Service (Optional) Form, DOT/USCG Periodic Drug Testing 
(Optional) Form, and Disclosure Statement for Narcotics, DWI/DUI, 
and/or Other Convictions (Optional) Form.''

---------------------------------------------------------------------------

[[Page 26591]]

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. Our analysis follows. It is well settled that States may not 
regulate in categories reserved for regulation by the Coast Guard. It 
is also well settled that all of the categories covered in 46 U.S.C. 
3306, 3703, 7101, and 8101 (design, construction, alteration, repair, 
maintenance, operation, equipping, personnel qualification, and manning 
of vessels), as well as the reporting of casualties and any other 
category in which Congress intended the Coast Guard to be the sole 
source of a vessel's obligations, are within the field foreclosed from 
regulation by the States. See the Supreme Court's decision in United 
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 
(2000). Because this rule involves the credentialing of mariners under 
46 U.S.C. 7101, it relates to personnel qualifications and is, 
therefore, foreclosed from regulation by the States. Because the States 
may not regulate within this category, this rule is consistent with the 
principles of federalism and preemption requirements in Executive Order 
13132.

F. 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 discretionary 
regulatory actions. 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 $100,000,000 (adjusted for 
inflation) or more in any one year. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights).

H. Civil Justice Reform

    This 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.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045 (Protection 
of Children from Environmental Health Risks and Safety Risks). This 
rule is not an economically significant rule and will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments), 
because it will not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
will be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 (series) and Commandant Instruction 5090.1 
(COMDTINST 5090.1), which guide the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have made a determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under the ADDRESSES section of this preamble. This rule 
is categorically excluded under paragraphs L52, L54, and L56 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01 (series). 
Paragraph L52 pertains to regulations concerning vessel operation 
safety standards, paragraph L54 pertains to regulations which are 
editorial or procedural, and paragraph L56 pertains to regulations 
concerning the training, qualifying, and licensing of maritime 
personnel. This rule involves merchant mariner credentialing 
regulations to remove obsolete portions of the radar observer 
requirements, harmonize the radar observer endorsement with the MMC, 
and reduce an unneeded financial burden on mariners required to hold a 
radar observer endorsement.

List of Subjects

46 CFR Part 10

    Penalties, Personally identifiable information, Reporting and 
recordkeeping requirements, Seamen.

46 CFR Part 11

    Penalties, 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 
46 CFR parts 10, 11, and 15 as follows:

PART 10--MERCHANT MARINER CREDENTIAL

0
1. The authority citation for part 10 is revised to read as follows:

    Authority:  14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter 
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive 
Order 10173; Department of Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  10.232 as follows:
0
a. Redesignate paragraphs (a)(2)(vii) through (x) as paragraphs 
(a)(2)(viii) through (xi), respectively;
0
b. Add new paragraph (a)(2)(vii); and
0
c. Revise paragraph (a)(6).

[[Page 26592]]

    The addition and revision read as follows:


Sec.  10.232   Sea service.

    (a) * * *
    (2) * * *
    (vii) For those seeking to renew a radar observer endorsement, 
whether the vessel is equipped with radar and if the mariner served in 
a position that routinely uses radar for navigation and collision 
avoidance purposes.
* * * * *
    (6) An applicant who has been acting as a pilot may submit a letter 
from a pilot's association attesting to the applicant's sea service. 
For those pilots seeking to renew a radar observer endorsement, the 
association's letter should indicate that the vessels piloted were 
equipped with radar, and that radar was used by the pilot for 
navigation and collision avoidance purposes. Pilots not part of an 
association may submit other relevant records indicating service, such 
as billing forms. For a raise-of-grade, pilots must comply with the 
requirements of paragraph (a)(2) of this section.
* * * * *

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

0
3. The authority citation for part 11 is revised to read as follows:

    Authority:  14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 
and 70105; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 11.107 is also issued under the 
authority of 44 U.S.C. 3507.

0
4. Amend Sec.  11.480 as follows:
0
a. In paragraph (d), remove the text ``paragraph (e)'' and add in its 
place the text ``paragraphs (f) or (g)''; and
0
b. Revise paragraphs (e) through (h).
    The revisions read as follows:


Sec.  11.480   Radar observer.

* * * * *
    (e) A radar observer endorsement issued under this section is valid 
until the expiration of the mariner's MMC.
    (f) A mariner may also renew his or her radar observer endorsement 
by providing evidence of meeting the requirements in 46 CFR 
10.227(e)(1)(v).
    (g) The Coast Guard will accept on-board training and experience 
through acceptable documentary evidence of 1 year of relevant sea 
service within the last 5 years in a position that routinely uses radar 
for navigation and collision avoidance purposes on vessels equipped 
with radar as meeting the refresher or re-certification requirements of 
paragraph (d) of this section. This also applies to mariners applying 
for raises of grade or new endorsements under 46 CFR 10.231.
    (h) An applicant for renewal of an MMC who does not provide 
evidence of meeting the renewal requirements of paragraph (d), (f), or 
(g) of this section will not have a radar observer endorsement placed 
on his or her MMC.

PART 15--MANNING REQUIREMENTS

0
5. The authority citation for part 15 continues to read as follows:

    Authority:  46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8103, 
8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 
8904, 8905(b), 8906 and 9102; sec. 617, Pub. L. 111-281, 124 Stat. 
2905; and Department of Homeland Security Delegation No. 0170.1.


0
6. Amend Sec.  15.815 by revising paragraph (d) and removing paragraph 
(e).
    The revision reads as follows:


Sec.  15.815   Radar observers.

* * * * *
    (d) Until July 22, 2024, a person may satisfy the requirements in 
paragraph (a), (b), or (c) by having immediately available a valid 
course completion certificate from an appropriate Coast Guard-approved 
or accepted radar course that was issued within the previous 5 years.

    Dated: May 31, 2019.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2019-11905 Filed 6-6-19; 8:45 am]
 BILLING CODE 9110-04-P