Towing Vessel Firefighting Training, 67966-67984 [2023-21560]
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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations
public (44 U.S.C. 3502(3) and 5 CFR
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OMB has generally approved the
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contained in 43 CFR part 3195 under
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The BLM therefore certifies that this
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In accordance with E.O. 12988, the
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The National Environmental Policy Act
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expenditures of $100 million or more in
any one year, 2 U.S.C. 1532. This rule
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small governments. Therefore, the BLM
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containing the information required by
the Unfunded Mandates Reform Act.
DEPARTMENT OF HOMELAND
SECURITY
Consultation and Coordination With
Indian Tribal Governments (E.O.
13175)
Coast Guard
In accordance with E.O. 13175, the
BLM has determined that this final rule
does not include policies that have
Tribal implications. Specifically, the
rule will not have substantial direct
effects on one or more Indian Tribes.
Consequently, the BLM did not use the
consultation process set forth in section
5 of the Executive Order.
[Docket No. USCG–2020–0492]
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In accordance with E.O. 13211, the
BLM has determined that this final rule
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on the supply, distribution, or use of
energy. The final rule removes
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Delegation of Signing Authority
The action taken herein is pursuant to
an existing delegation of authority.
List of Subjects
Government contracts, Helium,
Mineral royalties, Oil and gas
exploration, Public lands—mineral
resources, Reporting and recordkeeping
requirements, and Surety bonds.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
Under the authority of 5 U.S.C. 301,
50 U.S.C. 167, and for the reasons stated
in the preamble, 43 CFR Chapter II is
amended as follows:
PART 3195—[REMOVED]
■
1. Remove part 3195.
[FR Doc. 2023–21711 Filed 10–2–23; 8:45 am]
BILLING CODE 4331–31–P
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46 CFR Part 11
RIN 1625–AC64
Towing Vessel Firefighting Training
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is issuing
this final rule to revise the training
requirements for national Merchant
Mariner Credential endorsements as
master of towing vessels (limited) or
mate (pilot) of towing vessels on inland
waters or Western Rivers routes.
Consistent with recommendations from
two Federal advisory committees, this
rule gives mariners seeking these
endorsements the option of taking a
modified basic firefighting course. That
course excludes training on equipment
that is not required to be carried on
towing vessels operating on inland
waters or the Western Rivers.
Applicants who take the modified basic
firefighting course will reduce their
costs because it is shorter and less
expensive than the basic firefighting
course.
DATES: This final rule is effective April
1, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to
www.regulations.gov, type USCG–2020–
0492 in the search box, and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email Mr. James Cavo, Coast Guard;
telephone 202–372–1205, email
James.D.Cavo@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
IV. Discussion of Comments
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
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CG–MMC Coast Guard Office of Merchant
Mariner Credentialing
DHS Department of Homeland Security
FR Federal Register
GS General Schedule
GRT Gross register tons
MERPAC Merchant Marine Personnel
Advisory Committee
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and
Documentation
NAICS North American Industry
Classification System
NMC National Maritime Center
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection
Circular
OMB Office of Management and Budget
OPM Office of Personnel Management
RA Regulatory analysis
SMS Safety management system
§ Section
SME Subject matter expert
STCW Convention International
Convention on Standards of Training,
Certification and Watchkeeping for
Seafarers, 1978, as Amended
STCW Code Seafarer’s Training,
Certification and Watchkeeping Code, as
Amended
TSAC Towing Safety Advisory Committee
U.S.C. United States Code
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II. Basis and Purpose, and Regulatory
History
The legal basis of this rule is Title 46
of the United States Code (U.S.C.)
Section 7101, which authorizes the
Secretary of the Department of
Homeland Security (DHS) to establish
the experience and professional
qualifications required for the issuance
of Merchant Mariner Credentials
(MMCs) with officer endorsements. The
DHS Secretary has delegated the
rulemaking authority under 46 U.S.C.
7101 to the Coast Guard through DHS
Delegation No. 00170.1(II)(92)(e),
Revision No. 01.3. Additionally, 14
U.S.C. 102(3) grants the Coast Guard
broad authority to promulgate and
enforce regulations for the promotion of
safety of life and property on waters
subject to the jurisdiction of the United
States, which includes establishing the
experience and professional
qualifications required for the issuance
of credentials.
The purpose of this rule is to amend
title 46 of the Code of Federal
Regulations (CFR), section 11.201,
paragraph (h)(3) by providing mariners
seeking a national officer endorsement
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as master of towing vessels (limited) 1 or
mate (pilot) 2 of towing vessels on
inland waters or Western Rivers routes
the option of taking a modified basic
firefighting course instead of a basic
firefighting course. The modified basic
firefighting course eliminates training
on equipment that is not required to be
carried on towing vessels operating on
inland waters or Western Rivers.3
Applicants who take the modified basic
firefighting course would reduce their
costs due to the course being shorter
and less expensive than the basic
firefighting course. Mariners who will
not be working solely on Western Rivers
or inland waters other than the Great
Lakes will still be required to complete
a basic firefighting course. The Coast
Guard anticipates this modified basic
firefighting course will have a total of 12
hours of classroom and practical
training instead of a total of 16 hours for
the basic firefighting course.
On September 1, 2021, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Towing
Vessel Firefighting Training’’ (86 FR
48925), requesting comments on the
proposal to revise the training
requirements for national MMC
endorsements as master of towing
vessels (limited) or mate (pilot) of
towing vessels on inland waters or
Western Rivers routes. A detailed
description of the background and
discussion of the proposed changes can
be found in the NPRM.
III. Background
Coast Guard regulations in 46 CFR
part 11, subpart B, contain merchant
mariner credentialing requirements for
national and International Convention
on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978,
as Amended (STCW Convention) officer
endorsements. Currently, the
regulations in 46 CFR 11.201(h)(3)(ii)
require mariners seeking national officer
endorsements as master or mate (pilot)
1 An endorsement as a master of towing vessels
(limited) authorizes service as a master (the person
in command of the vessel) to work on a towing
vessel in a limited local area within inland waters
or Western Rivers (e.g., master of towing vessels
(limited) restricted to the Lower Mississippi River
mile marker 775.0 to mile marker 850.0).
2 ‘‘Mate’’ means a qualified deck officer other
than the master. On towing vessels on inland waters
or Western Rivers, ‘‘pilot’’ also refers to a qualified
deck officer other than the master. The terms
‘‘mate’’ and ‘‘pilot’’ refer to the same position on the
vessel and usage varies based on company and
regional preference.
3 Throughout this rule, the term modified basic
firefighting course describes the basic firefighting
course required by 46 CFR 11.201(h)(3), modified
to eliminate training on equipment that is not
required to be carried on towing vessels operating
on inland waters or Western Rivers routes.
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of towing vessels on routes other than
oceans 4 to complete a Coast Guardapproved firefighting course that meets
the basic firefighting training
requirements in Regulation VI/1 of the
STCW Convention and Table A–VI/1–
2 5 of the Seafarer’s Training,
Certification and Watchkeeping Code, as
Amended (STCW Code). Basic
firefighting training ensures that
mariners have the skills to contain small
fires before they can spread, leading to
injury, death, property damage, or
becoming a larger marine hazard.
Federal Advisory Committee
Recommendations
The Coast Guard received requests
from industry to review the
appropriateness of the basic firefighting
training requirement for towing vessel
endorsements. As a result, the Coast
Guard tasked two Federal Advisory
Committees, the Merchant Marine
Personnel Advisory Committee
(MERPAC) 6 and the Towing Safety
Advisory Committee (TSAC) 7 with
reviewing the basic firefighting training
requirements, while taking into
consideration the equipment carried on
towing vessels operating on inland
waters and Western Rivers routes.
In their recommendations to the Coast
Guard, both MERPAC and TSAC
commented that the basic firefighting
requirements in § 11.201(h)(3)(ii) are
based on equipment found on deep-sea
vessels and not on vessels operating on
inland waters or Western Rivers. In
addition, TSAC identified equipment
covered in the basic firefighting training
requirements, contained in Table A–VI/
1–2 of the STCW Code, that is not
required to be carried on towing vessels
operating on inland waters or Western
Rivers.8 They noted that nowhere in 46
4 For the purposes of this final rule, we refer to
‘‘routes other than oceans’’ as near-coastal, Great
Lakes, inland waters, and Western Rivers.
5 Regulation VI/1 of the STCW Convention and
Table A–VI/1–2 of the STCW Code provides the
competence requirements for basic firefighting.
6 See ‘‘Merchant Marine Personnel Advisory
Committee (MERPAC) Task Statement #95, Inland
Firefighting, Draft Report,’’ September 14, 2016.
This report is available at: https://
homeport.uscg.mil/Lists/Content/Attachments/709/
Enclosure%207%20Task%20Statement%
2095%20%20Inland%20Firefighting.pdf. This
report was last accessed on April 24, 2023.
7 See ‘‘Towing Safety Advisory Committee, Task
16–02, Recommendations Regarding Firefighting
Training Requirements for Officer Endorsements for
Master, Mate (Pilot) of Towing Vessels, Except
Assistance Towing and Apprentice Mate
(Steersman) of Towing Vessels, Inland Service Final
Report,’’ March 21, 2018. This report is available at:
https://homeport.uscg.mil/Lists/Content/
Attachments/799/TSAC%20Task%2016-02%20
Inland%20Firefighting%20Final-03212018.pdf.
This report was last accessed on April 24, 2023.
8 Id. at 7.
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CFR subchapter M, ‘‘Towing Vessels,’’
part 142, ‘‘Fire Protection,’’ is there a
requirement for towing vessels
operating on inland waters or Western
Rivers to be equipped with firefighters’
outfits or self-contained breathing
apparatus (SCBA). Because the basic
firefighting training in § 11.201(h)(3)(ii)
requires mariners seeking national
officer endorsements for master or mate
(pilot) of towing vessels to become
proficient with equipment that is not
required to be carried onboard the
vessels they intend to operate, MERPAC
and TSAC both recommended that the
content of firefighting training be
modified for these mariners.
Public Input
In 2017, the Coast Guard sought
comments on regulations, guidance
documents, and interpretative
documents that the public believed
should be repealed, replaced, or
modified.9 The Coast Guard received
public input from a trade association
representing the towing industry
regarding the basic firefighting training
for endorsements as master or mate
(pilot) of towing vessels. The trade
association suggested that the training
requirement is excessive because the
current towing vessel regulations in
§§ 27.209 and 142.245 require company
provided firefighting instruction and
drills. The trade association
recommended that the Coast Guard
eliminate the basic firefighting training
requirement in § 11.201(h)(3)(ii) for
national officer endorsements as master
or mate (pilot) of towing vessels on
inland waters and Western Rivers. The
Coast Guard agrees in part with the
recommendation from this trade
association. Approved firefighting
training is necessary, but we agree that
these mariners should not have to train
using equipment that is not required to
be carried aboard the towing vessels on
which they will serve.
With this final rule, applicants
seeking national officer endorsements as
master of towing vessels (limited) or
mate (pilot) of towing vessels on inland
waters or Western Rivers will have the
option of taking a modified basic
firefighting course that excludes training
on equipment that is not required to be
carried on their vessels.
This change applies to applicants for
national MMC endorsements as master
9 See Coast Guard Request for Information
entitled, ‘‘Evaluation of Existing Coast Guard
Regulations, Guidance Documents, Interpretative
Documents, and Collections of Information’’ (82 FR
26632, June 8, 2017). This document is available at:
https://www.regulations.gov/document?D=USCG2017-0480-0001. This website was accessed on
April 24, 2023.
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of towing vessels (limited) and mate
(pilot) of towing vessels on inland
waters or Western Rivers routes.
Applicants seeking an endorsement as
master of towing vessels must have
completed firefighting training when
they obtain one of the endorsements
that are a prerequisite to qualifying for
master of towing vessels. The modified
basic firefighting training required by
§ 11.201(h)(3) will have to be approved
by the Coast Guard in accordance with
the requirements of §§ 10.402 and
10.403. This change will provide an
opportunity for training providers to
develop a Coast Guard-approved
modified basic firefighting course for
applicants for national MMC
endorsements as master of towing
vessels (limited) and mate (pilot) of
towing vessels on inland waters or
Western Rivers routes.
Delayed Effective Date
The Coast Guard is delaying the
effective date of this rule by 180 days.
This delay will allow time for training
providers to develop a modified basic
firefighting course, and for the Coast
Guard to evaluate and approve the
course.10 Training providers wishing to
obtain approval for a modified basic
firefighting course may develop and
submit their course for approval before
the effective date of this final rule.
This rule will result in a one-time cost
to training providers for developing and
submitting requests for original
approval of a modified basic firefighting
course, and a one-time cost to the Coast
Guard for reviewing and approving
these courses. Under existing
§ 10.402(d) and (f), there will be ongoing
costs to both the training providers and
the Coast Guard every 5 years to request
renewal of the course approval.11
Applicants who take a modified basic
firefighting course will receive cost
savings due to the course being shorter
and less expensive than the basic
firefighting course.
IV. Discussion of Comments
The Coast Guard received eight
submissions by the public in response
to the NPRM published on September 1,
2021. Comments came from towing
vessel operators, a national trade
10 Courses are evaluated and approved by the
Coast Guard’s National Maritime Center (NMC)
Mariner Training & Assessment Division, which,
from 2018 to 2022, reports a course approval
average annual net processing time of
approximately 76 days. Course approvals are valid
for 5 years, as specified in 46 CFR 10.402(d).
11 Approved courses are valid for 5 years from the
date of Coast Guard approval. Before the course
approval expires, the training provider must seek a
course approval renewal to continue to offer the
course.
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association, and individual mariners.
The following discussion contains an
analysis of comments received. The
Coast Guard appreciates all comments
on this matter.
Comments in Support of the Proposal
Five commenters agreed that mariners
who will serve on towing vessels on
inland waters and Western Rivers
should not be required to receive
training on equipment that is not
required to be carried aboard the vessels
upon which they will serve. The Coast
Guard acknowledges these comments.
Comments Opposed to the Proposal
One commenter opposed the
proposed change because a mariner
could possibly serve on a vessel that is
carrying equipment not required aboard
the vessel and would not have received
the necessary training in its safe and
proper use. To help reduce ‘‘loopholes
and lapses in training,’’ the commenter
believes the current firefighting training
should not be reduced.
The Coast Guard appreciates this
concern but disagrees that firefighting
training for towing vessels on inland
waters or Western Rivers should include
training on equipment that is not
required to be carried aboard those
vessels. Formal training provides
mariners with a basic knowledge and
understanding of firefighting. This will
provide a foundation that can be
supplemented with shipboard drills and
familiarization to ensure mariners can
safely and effectively use the firefighting
equipment aboard their vessels. A
modified basic firefighting course,
supplemented by the familiarization
requirements in 46 CFR 15.405 and the
training and drill requirements in 46
CFR 27.205 and 142.245, is sufficient to
ensure that mariners serving on a vessel
carrying equipment that is not required
to be aboard the vessel would be able to
use the equipment safely and
effectively.
Duration of the Modified Basic
Firefighting Course
Two commenters agreed that the
modified basic firefighting course
should be 12 hours in length, or ‘‘one
full day.’’ The Coast Guard agrees the
course duration should be 12 hours but
notes that it will not approve a course
that provides 12 hours of training in a
single day. A 12-hour modified basic
firefighting course will have to be given
over 2 days.
Three commenters stated that the
modified basic firefighting course
should be 8 hours in duration. One
commenter noted that a 12-hour course
would not be cost effective when travel
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costs and availability of training
providers is considered. One of the
commenters also stated that an 8-hour
course would be adequate, as
crewmembers have participated in
ongoing firefighting instruction and
drills throughout their careers.
The Coast Guard disagrees with the
assessment that an 8-hour course would
be adequate. Eight hours is not
sufficient to achieve the intended level
of competence. In reaching this
determination, we reviewed the
curricula of several Coast Guardapproved basic firefighting courses, as
well as the current edition of the
International Maritime Organization’s
Model Course 1.20, Fire Prevention and
Fire Fighting. These courses are each 16
hours in duration. We identified the
time spent in these courses using
equipment that is not required to be
carried on towing vessels operating on
inland waters or Western Rivers and
determined that a course length of
approximately 12 hours was
appropriate. In addition, we disagree the
duration can be shortened based on a
subjective assumption that trainees have
participated in drills and instruction
during their careers. We do not consider
drills to be equivalent to approved
training involving live fire and other
scenarios that cannot be safely
conducted aboard a vessel.
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Content of the Modified Basic
Firefighting Course
Two commenters stated that the
content of the firefighting course should
not include equipment that is not
required on towing vessels operating on
inland waters and Western Rivers (for
example, SCBAs and fire suits). The
commenters stated that the modified
course should focus on fire principles,
basic firefighting strategies and tactics,
fire risks, use of portable and semi
portable fire extinguishers, fire
communication-general alarms and
detectors, handling and operating fire
pumps and hydrants, types and function
of fixed firefighting systems, and
significant focus on managing a team for
handling a fire emergency.
The Coast Guard agrees. The modified
basic firefighting course will not include
training on equipment that is not
required to be carried aboard towing
vessels operating on inland waters or
Western Rivers. We agree that the
training should focus on the use of
equipment that is required to be carried,
as well as the other factors cited by the
commenters.
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Alternatives to a Coast Guard-Approved
Course
Five commenters stated the Coast
Guard should accept company provided
training and drills under 46 CFR
subchapter M in lieu of requiring
completion of a Coast Guard-approved
course. The commenters noted this
training would be included in, and
audited under, the company’s safety
management system (SMS).
The Coast Guard disagrees. The
inclusion of a company provided
firefighting training in an SMS would
not ensure an adequate review and
oversight of the required training. A
Coast Guard-approved course for
firefighting will ensure the curriculum
is reviewed by qualified subject matter
experts (SMEs) and follows sound and
accepted training methodology. Coast
Guard-approved training also entails
more focused audits and oversight than
if training were provided as a small part
of a much larger SMS.
In addition, it is common for mariners
to work on different vessels and for
different companies. There is a need for
the common foundational training that
a Coast Guard-approved course
provides. A company provided training
may supplement, but not replace,
approved firefighting training.
Company Provided Courses
One commenter noted that companies
should be able to assemble a curriculum
and submit it for approval of the course.
This curriculum may include in-house
trainers or trainers from local fire
departments familiar with onboard
firefighting tactics and equipment. The
Coast Guard agrees. A company may
develop and obtain Coast Guard
approval for a course that employs
facilities and staff from local fire
departments.
The same commenter stated that a
towing company should be able to
assemble a curriculum that meets the
expectations, needs, and standards for
the course material and have that
training curriculum audited as part of
their SMS. The Coast Guard agrees in
part. We agree that companies may
develop their own course and obtain
Coast Guard approval. However, we
disagree with the suggestion that this
training could be audited as part of the
company’s SMS. When reviewing
training, an SMS audit will generally
review whether crew members have
completed their required training, not
the content of the training or its efficacy.
Three commenters suggested that
documentation of the appropriate
training by the company should be an
acceptable proof of training, like what is
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used to prove sea service ‘‘letters of
designation’’ for those who fuel
towboats. The Coast Guard disagrees.
The modified basic firefighting course
should be and audited by or on behalf
of the Coast Guard as specified in 46
CFR part 10, subpart D. The audit of
approved training will ensure that
previously reviewed and approved
curricula are adhered to, and are
consistent with, sound educational
methodology and accepted industry
standards and practices.
Firefighting Response by Crews of
Towing Vessels on Inland Waters and
Western Rivers
Two commenters noted that, unless
an onboard fire is readily containable,
firefighting is left to trained emergency
responders instead of the crew. If a
boat’s crew uses a fire extinguisher and
the fire cannot be contained, they are
instructed to get off the vessel once safe
harbor is reached.
The Coast Guard disagrees that this
strategy is appropriate in all fire
emergencies. There may be situations
where it is not safe or feasible to secure
and abandon the towing vessel awaiting
response from shore-based firefighters.
The best first response is that provided
by the towing vessel’s crew, under the
direction of a trained officer. A Coast
Guard-approved modified basic
firefighting course will increase the
likelihood that a towing vessel’s crew
can make an effective first response and
extinguish or contain a fire.
One commenter stated that many, if
not most, towing vessels on inland
waters and Western Rivers are ‘‘dinner
bucket’’ boats, and on these vessels,
only one officer is aboard, and that
individual must remain at the helm to
control the vessel. In the event of a fire
emergency onboard, they must seek a
safe harbor to secure the vessel so that
the crew can escape.
The Coast Guard disagrees that this is
reason to not require completion of a
modified basic firefighting course. The
national officer endorsements of master
of towing vessels, master of towing
vessels (limited), and mate (pilot) of
towing vessels do not restrict a mariner
to working on a vessel day boat or
‘‘dinner bucket’’ boat that only operates
12 hours per day, and a mariner must
be appropriately trained and qualified
for all vessels their credential authorizes
them to serve upon. In addition, we do
not agree that the only response for a
day boat or ‘‘dinner bucket’’ boat is to
navigate the vessel to a location where
the crew can abandon the vessel and
call shore-based responders. Regardless
of the crew size or the vessel’s operating
schedule, having officers complete a
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Coast Guard-approved modified basic
firefighting course will increase the
likelihood that they can effectively
respond in a fire emergency, and can
direct the vessel’s crew to make an
effective first response and extinguish or
contain a fire.
V. Discussion of the Rule
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Amendments to 46 CFR 11.201(h),
Firefighting Certificate
The Coast Guard is amending
§ 11.201(h), which requires mariners
seeking national officer endorsements to
present a certificate of completion from
a Coast Guard-approved firefighting
course.
The Coast Guard amends paragraph
(h)(1) by adding language stating that
the firefighting certificate of completion
must be ‘‘relevant to the endorsement
being sought.’’ The Coast Guard is
making this change to ensure that
mariners are required to provide
evidence of completing the appropriate
firefighting training for the endorsement
they are applying for.
We are also making several changes to
paragraph (h)(3), which contains a list of
national officer endorsements that
require completion of basic firefighting
training in accordance with Regulation
VI/1 of the STCW Convention and Table
A–VI/1–2 of the STCW Code. We
modify the start of paragraph (h)(3)(i) by
adding ‘‘all’’ in front of ‘‘officers’’ to
make it consistent with the terminology
used in paragraphs (h)(3)(ii) through
(iv). We revise paragraph (h)(3)(ii) to
specify the requirements for officer
endorsements for master or mate (pilot)
of towing vessels, except apprentice
mate (steersman) of towing vessels, for
service on near-coastal waters. We add
new paragraphs (h)(3)(iii) and (h)(3)(iv)
to list the specific waters covered by the
phrase, ‘‘in all services except oceans.’’
New paragraph (h)(3)(iii) specifies the
requirements for officer endorsements
for master or mate (pilot) of towing
vessels, except apprentice mate
(steersman) of towing vessels, for
service on the Great Lakes. New
paragraph (h)(3)(iv) specifies the
requirements for officer endorsements
for master or mate (pilot) of towing
vessels, except apprentice mate
(steersman) of towing vessels, for
service on inland waters or Western
Rivers.
Mariners seeking a national officer
endorsement as master or mate (pilot) of
towing vessels authorized for service on
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near-coastal waters or on the Great
Lakes will still need to complete the
basic firefighting training referenced in
paragraph (h)(3). A modified basic
firefighting course is not appropriate for
mariners operating on towing vessels on
near-coastal waters or on the Great
Lakes for two reasons: (1) near-coastal
waters and Great Lakes towing vessels
may carry the equipment omitted from
a modified towing vessel firefighting
course, and (2) near-coastal waters and
Great Lakes towing vessels operate
farther from the shore, where
firefighting assistance is not as readily
available as it is on inland waters or
Western Rivers.
New paragraph (h)(3)(iv)(A) provides
mariners the option of completing a
modified basic firefighting course for a
national officer endorsement as master
or mate (pilot) of towing vessels on
inland waters or Western Rivers. The
course must be a Coast Guard-approved
modified basic firefighting course that
does not include training on equipment
not required to be carried aboard towing
vessels for service on inland waters or
Western Rivers. When approving a
modified course, the Coast Guard will
consider the requirements of 46 CFR
subchapter M, parts 140 and 142, in
determining the content to achieve
proficiency in firefighting consistent
with the equipment available onboard
towing vessels on inland waters or
Western Rivers. The Coast Guard
anticipates this modified basic
firefighting course will have a total of 12
hours of classroom and practical
training instead of a total of 16 hours for
the basic firefighting course.
Currently, national officer
endorsements for towing vessels serving
on the Great Lakes and inland waters
are issued as one route. In new
paragraph (h)(3)(iv)(A), language is
added to allow separation of these
routes so that a mariner who completes
a modified basic firefighting course
could be issued an endorsement
restricted to inland waters or Western
Rivers.
New paragraph (h)(3)(iv)(B) specifies
that a mariner who qualifies for an
endorsement by completing a modified
basic firefighting course will be required
to complete the basic firefighting course
required in paragraph (h)(3) for an
increase in scope 12 of the endorsement
12 Increase in scope means additional authority
added to an existing credential, such as adding a
new route or increasing the authorized horsepower
or tonnage. (46 CFR 10.107).
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to add a Great Lakes or near-coastal
waters route. For an increase in scope to
add oceans routes, a mariner will need
to complete both the basic firefighting
course required in paragraph (h)(3) and
the advanced firefighting course
required in paragraph (h)(2).
Other Changes
In the NPRM, we proposed to change
the 46 CFR part 11 authority citation
from 14 U.S.C. 503 to 14 U.S.C. 102(3).
After publication of the NPRM in the
Federal Register, the Coast Guard
determined it is still appropriate to
reference ‘‘14 U.S.C. 503.’’ Title 14
U.S.C. 503 states: ‘‘the [DHS] Secretary
may promulgate such regulations and
orders as he deems appropriate to carry
out the provisions of this title or any
other law applicable to the Coast
Guard.’’ We are only making one change
to the authority citation for part 11 to
refer to change 3 to DHS Delegation
number 00170.1.
Section 11.201(l) is revised to allow
the Coast Guard to modify training in
addition to the service or examination
requirements for an endorsement. The
change is needed in order to allow for
the option of the modified basic
firefighting course for a national officer
endorsement as master or mate (pilot) of
towing vessels on inland waters or
Western Rivers routes.
Additionally, we refined our
amendatory instructions to the
regulatory text that we proposed in the
NPRM.
VI. Regulatory Analyses
The Coast Guard received eight
comment submissions during the 60-day
comment period that ended on
November 1, 2021. We received one
public comment regarding the travel
cost savings associated with the 12-hour
modified basic firefighting course
implemented by this final rule which
we did not analyze for the NPRM. We
have since analyzed the travel cost
savings associated with the
implementation of the 12-hour course
and revised the total estimated cost
savings for this final rule. Beyond this,
the methodology employed in the
regulatory analysis is unchanged.
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.
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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.
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, OMB has not reviewed it.
A regulatory analysis (RA) follows.
As discussed earlier in the preamble,
this rule provides applicants for an
MMC endorsement as master of towing
vessels (limited) or mate (pilot) of
towing vessels on inland waters or
Western Rivers routes the option to take
a modified basic firefighting course
instead of the basic firefighting course.
Specifically, this firefighting course
eliminates training on firefighting
equipment that is not required to be
carried on towing vessels operating on
inland waters or Western Rivers routes.
Because the modified firefighting course
is expected to be shorter in duration and
lower in cost than a basic firefighting
course, we anticipate eligible mariners
will take the modified course.
We estimate that this rule will result
in a 10-year net cost savings of
$1,301,133, or $185,252 annualized, in
2021 dollars, discounted at 7 percent.
The annualized cost savings for
mariners is approximately $189,869 in
2021 dollars, discounted at 7 percent.
The savings stem from reduced hours
spent in training and reduced tuition for
firefighting training necessary for an
endorsement as master (limited) or mate
(pilot) of towing vessels on inland
waters or Western Rivers routes.13
We estimate that this rule will result
in a one-time cost to training providers
to develop a modified basic firefighting
course and submit the course to the
Coast Guard for approval. There will
also be a one-time cost to the
Government resulting from Coast Guard
employees reviewing and approving
these new courses. Under existing 46
CFR 10.402(d) and (f), there will be
ongoing costs to both the training
providers and the Government every 5
67971
years to renew the modified basic
firefighting course. We anticipate
training providers that offer the
modified basic firefighting course to
also continue to provide a basic
firefighting course, because these
courses would serve additional markets.
In the first year, we estimate the costs
(in 2021 dollars) to training providers
will be $8,738, and the cost to the
Government will be $16,669. These
costs will not recur after the first year,
but there will be ongoing costs for
renewal of course approvals every 5
years, resulting in costs to training
providers of $1,047 and costs to the
Government of $11,981. The 10-year net
cost savings will be $1,301,133, or
$185,252 annualized, in 2021 dollars,
discounted at 7 percent. We do not
estimate that there will be any reduction
in safety or benefits between the current
basic firefighting training and a
modified firefighting training, as the
modified training would be better suited
for the equipment common to the
relevant towing vessels. Table 1
summarizes these results. In the
following subsections, we describe the
changes, the affected population, the
potential costs, the potential cost
savings, and the qualitative benefits in
further detail.
TABLE 1—SUMMARY OF THE RULEMAKING IMPACT
Category
Summary
Applicability ..............................................
Update title 46 CFR part 11 to permit a modified basic firefighting course for national endorsements
as master and mate (pilot) of towing vessels on inland waters or Western Rivers routes.
An estimated 23 training providers and 485 applicants for master (limited) or mate (pilot) towing vessels will take a modified firefighting course to qualify for their endorsement. This is a one-time training requirement for mariners.
One-time costs: $8,738 (first year).
Recurring costs: $1,047 every 5 years.
One-time costs: $16,669 (first year).
Recurring costs: $11,981 every 5 years.
10-year: $1,333,558.
Annualized: $189,869.
Firefighting courses that are more tailored to the credential endorsement.
Affected Population .................................
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Costs to Training Providers ($, 7% discount rate).
Costs to the Government ($, 7% discount rate).
Cost Savings for Applicants ($, 7% discount rate).
Qualitative Benefits ..................................
Changes From NPRM to Final Rule
In addition to population data
updates that create small increases in
the cost savings reported in the final
rule, the Coast Guard also identified
previously unrealized cost savings in
the NPRM that are now being realized
in the final rule. We derive our newly
realized cost savings from an analysis of
travel costs associated with the 12-hour
modified basic firefighting course. One
commenter to the NPRM believes that a
12-hour course would not be cost
effective when travel costs are
considered. In an examination of travel
cost savings, we determined that the 12hour course established by this rule will
also create travel cost savings that were
previously unrealized in the NPRM. See
Appendix A: Analysis of Cost Savings
Associated with Public Comment
Alternatives (section 3.2, 3.3, and 3.4) in
the docket for a detailed analysis of
these additional cost savings, as well as
an examination of the cost savings
associated with an 8-hour modified
course as proposed by public
commenters.
Furthermore, the Coast Guard is
delaying the effective date of the final
rule by 180 days to allow time for
training providers to develop, and the
Coast Guard to approve, the new
modified basic firefighting course. Table
2 summarizes this and other changes
from the NPRM to the final rule.
13 Operating on the Great Lakes is treated
separately from operating on inland waters or
Western Rivers. Routes on the Great Lakes would
require the same firefighting training as near-coastal
routes.
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TABLE 2—SUMMARY OF CHANGES FROM NPRM TO FINAL RULE
Element of the
analysis
Master (Limited)
and Mate
(Pilot) Applicant Data.
Inland Waters
and Western
Rivers Towing
Vessel Data.
Cost Savings
Associated
with a 12-hour
Modified
Basic Firefighting Training Course.
Delayed Effective Date of
Rule.
NPRM
Final rule
Resulting change in RA
Calculated 440 inland and Western Rivers
master (limited) and mate (pilot) applicants
on average from 2016–2019 data.
Calculated 485 inland and Western Rivers
master (limited) and mate (pilot) applicants
on average from updated 2016–2019 data 14.
This increase in number of affected applicants
will lead to increased total and annualized
cost savings.
1,265 total towing vessels. 900 of 1,265 towing
vessels operating on the Great Lakes, inland
waters, or Western Rivers. 5 percent, or 45
vessels, listed as operating on the Great
Lakes, meaning 95 percent, or 855 vessels,
employ mariners eligible to take the modified
basic firefighting course.
Cost savings resulting from reduced tuition and
course time.
5,013 total towing vessels. 3,552 of 5,013 towing vessels operating on the Great Lakes, inland waters, or Western Rivers. 5 percent, or
169 vessels, listed as operating on the Great
Lakes, meaning 95 percent, or 3,383 vessels, employ mariners eligible to take the
modified basic firefighting course 15.
Cost savings resulting from reduced tuition,
course time, and a reduction in travel expenses for applicants driving to and lodging
near a training provider.
This does not create a change in the number
of affected master (limited) and mate (pilot)
applicants each year due to a consistent percentage of inland waters and Western Rivers
towing vessels from the total population.
No delay in effective date of rule ......................
Effective date of rule delayed by 180 days to
allow time for training providers to develop
and Coast Guard to approve new modified
basic firefighting courses.
This change does not impact our cost savings
estimates. In this final rule, we are delaying
the rule by 180 days to help accommodate
the time needed to develop and approve the
courses, but we do not anticipate courses
will be readily available for the affected population of mariners within the first year of
analysis, which is consistent with our assumption in the NPRM.
Description of Regulatory Changes
This rule results in two changes that
have potential costs and potential cost
savings. First, training providers will
have the opportunity to develop a
modified firefighting course and submit
the course to the Coast Guard for
approval. Consequently, this rule will
initially result in costs to training
providers for developing the course, and
to the Federal Government for reviewing
and approving the modified basic
firefighting course. Second, applicants
will likely experience cost savings by
taking a shorter and less costly modified
basic firefighting course rather than the
longer basic firefighting course.
We report additional annualized undiscounted
cost savings by including previously unrealized cost savings for applicants who would
drive and lodge near a training provider.16
Table 3 lists and describes the
changes to 46 CFR part 11, subpart B.
The changes contain costs and cost
savings, as described above. Text that
has been added is italicized, and text
that has been deleted is stricken
through.
TABLE 3—SUMMARY OF CHANGES TO 46 CFR PART 11 SUBPART B AND IMPACTS
Section
Changes in regulatory text
Description of
change
Impact
11.201(h)(1) ....................
Applicants for an original officer endorsement in the following categories must
present a certificate of completion from a
firefighting course of instruction relevant
to the endorsement being sought that has
been approved by the Coast Guard. The
firefighting course must have been completed within the past 5 years, or if it was
completed more than 5 years before the
date of application, the applicant must
provide evidence of maintaining the
standard of competence in accordance
with the firefighting requirements for the
credential sought.
All national officer endorsements as master
or mate on seagoing vessels of 200 gross
register tons (GRT) or more.
All officer endorsements as master on vessels of less than 500 gross tonnage (GT)
in ocean service.
This editorial change makes it clear that the
required firefighting training should be
based on the operating route of the endorsement sought.
This editorial change will not have any substantive impact and therefore will not impose any costs or cost savings.
This editorial change makes the text easier
to read and makes it consistent with other
lines in this section.
This editorial change makes the text easier
to read and makes it consistent with other
lines in this section.
This editorial change will not have any substantive impact and therefore will not impose any costs or cost savings.
This editorial change will not have any substantive impact and therefore will not impose any costs or cost savings.
11.201(h)(2)(i) .................
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11.201(h)(3)(i) .................
14 This increase in the number of inland waters
and Western Rivers master (limited) and mate
(pilot) applicants was caused by historical data
changes within the Merchant Mariner Licensing
and Documentation (MMLD) database. These
changes are often attributed to an issued credential
being postdated, or a credential being withdrawn or
voided. Such changes cause credentials to be
included or not included in historical counts,
leading to variations in data when being examined
at different times.
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15 On June 20, 2016, the Coast Guard published
the ‘‘Inspection of Towing Vessels’’ final rule. (81
FR 40003) That rule had an effective date of July
20, 2016. See https://www.federalregister.gov/
documents/2016/06/20/2016-12857/inspection-oftowing-vessels. This final rule document was last
accessed on April 24, 2023. The rule required
towing vessels to be inspected under subchapter M
and gave a 5-year implementation period. When we
obtained data on inspected towing vessels for the
NPRM, many of the towing vessels were not
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inspected. Now almost all towing vessels are
inspected, making our 1,265 total inspected towing
vessels from the NPRM an underestimate. We are
now including the full population of inspected
subchapter M vessels.
16 See Appendix A for a detailed analysis of the
cost savings from reduced travel expenses
associated with the 12-hour modified basic
firefighting course.
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67973
TABLE 3—SUMMARY OF CHANGES TO 46 CFR PART 11 SUBPART B AND IMPACTS—Continued
Section
Changes in regulatory text
Description of
change
Impact
11.201(h)(3)(ii) ................
All officer endorsements for master or mate
(pilot) of towing vessels for service on
near-coastal waters, except apprentice
mate (steersman) of towing vessels.
This editorial change will not have any substantive impact because these applicants
were already required to take a basic firefighting course.
11.201(h)(3)(iii) ...............
(iii) All officer endorsements for master or
mate (pilot) of towing vessels for service
on Great Lakes, except apprentice mate
(steersman) of towing vessels.
(iv) All officer endorsements as master or
mate (pilot) of towing vessels for service
on inland waters or Western Rivers, except apprentice mate (steersman) of towing vessels.
(A) The Coast Guard will accept a Coast
Guard-approved modified basic firefighting course, which is the basic firefighting training described in paragraph
(h)(3) of this section modified to only
cover the equipment, fire prevention procedures, and firefighting operations required on towing vessels on inland waters
or Western Rivers routes required in 46
CFR parts 140 and 142. A mariner who
completes this modified course will be
issued an endorsement that is restricted
to inland waters or Western Rivers.
This editorial change makes it clear that applicants for master or mate (pilot) of towing vessel endorsements on near-coastal
waters must take a basic firefighting
course.
This editorial change makes it clear that applicants for master or mate (pilot) of towing vessel endorsements on Great Lakes
must take a basic firefighting course.
This editorial change makes it clear that applicants for master or mate (pilot) of towing vessel endorsements on inland waters
or Western Rivers routes must take a
basic firefighting course.
These changes permit master or mate
(pilot) applicants operating exclusively on
inland waters or Western Rivers routes,
other than the Great Lakes, to take a
modified basic inland waters and Western
Rivers towing vessel firefighting course as
opposed to basic firefighting course when
they apply for endorsements on inland
waters or Western Rivers.
11.201(h)(3)(iv) ...............
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11.201(h)(3)(iv)(A) ..........
11.201(h)(3)(iv)(B) ..........
(B) To increase in scope to Great Lakes,
near-coastal or oceans, the applicant will
be required to complete the firefighting
course appropriate to the route sought.
This change is a rewording of existing
§ 11.201(h)(4) to make the text of
§ 11.201(h) easier to read.
11.201(l) ..........................
(l) Restrictions. The Coast Guard may modify the service, training, and examination
requirements in this part to satisfy the
unique qualification requirements of an
applicant or distinct group of mariners.
The Coast Guard may also lower the age
requirement for OUPV applicants. The
authority granted by an officer endorsement will be restricted to reflect any modifications made under the authority of this
paragraph.
The addition of the word ‘‘training’’ in this
paragraph allows the Coast Guard to
modify the training requirements based
on the unique qualification requirements
of a group of mariners, which we have
not previously done.
Affected Population
This rule has two affected
populations: (1) training providers who
17 Coast Guard does not have data to forecast the
number of mariners who will seek an increase in
scope in the future. Additionally, we did not
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would offer a modified basic firefighting
course; and (2) applicants for MMC
endorsements as a master of towing
vessels (limited) or mate (pilot) of
receive any additional information from the public
comments that would aid in our ability to forecast.
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This editorial change will not have any substantive impact because these applicants
were already required to take a basic firefighting course.
This editorial change will not have any substantive impact because these applicants
were already required to take a basic firefighting course.
This will lead to costs and costs savings.
Costs result from training providers developing a modified firefighting course and
submitting the course to the Coast Guard
for approval, which will cost an estimated
$8,738 to the training providers and an
estimated $16,669 to the government for
review and approval of the course in the
first year. Training providers will need to
seek a renewal of their course approval in
year 6, resulting in $1,047 in costs to
training providers and $11,981 in costs to
the Coast Guard. Estimated cost savings
will come from applicants for towing vessel master (limited) or mate (pilot) endorsements spending fewer hours in
training and less money on tuition and
travel, resulting in an estimated $189,869
in annual cost savings discounted at 7%
in 2021 dollars.
While this new clause is a restatement of
the requirements currently existing in
§ 11.201(h)(4), there could be a cost impact because mariners could apply for an
endorsement for inland waters or Western
Rivers with a modified basic inland waters
and Western Rivers towing vessel firefighting course approved under
11.201(h)(3)(iv)(A), and later request an
increase in scope to Great Lakes requiring the mariner to complete a basic firefighting course. Because the mariner
would need to take the basic firefighting
course, they would spend approximately
$552.54 on the tuition for the course. Additionally, they would spend 16 hours taking the course, and the travel time to get
to and from the course. However, the
Coast Guard cannot forecast who would
seek an increase in scope or how frequently this would occur.17
Without the addition of the word ‘‘training’’,
the Coast Guard will not be able to modify training requirements for specific
groups of mariners based on their unique
qualifications, and the cost savings will
not be attainable. The addition also permits the Coast Guard, in the future, to
modify training requirements for other
specific groups of mariners. We do not intend to modify other training requirements
at this time. As such, we do not estimate
any costs or cost savings from this
change.
towing vessels on inland waters or
Western Rivers routes. We first estimate
the number of training providers who
may submit a modified basic firefighting
course to the Coast Guard for approval,
and then estimate the number of
applicants who may apply for an
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endorsement as master of towing vessels
(limited) or mate (pilot) of towing
vessels operating on inland waters or
Western Rivers.
The Coast Guard does not know how
many training providers will request
approval for a modified basic
firefighting course. However, since this
course will be a modified form of the
basic firefighting course, we assume that
only training providers who already
teach a basic firefighting course will
take advantage of the opportunity
provided by this proposal. Currently,
there are 91 training providers approved
to offer a basic firefighting course.18
Historically, the number of training
providers does not significantly change
on an annual basis. Therefore, we
expect that the training providers who
will offer a modified firefighting course
will be from these 91 training providers.
An SME from the Coast Guard’s Office
of Merchant Mariner Credentialing (CG–
MMC) with extensive experience,
involving regular contact with maritime
training providers and towing vessel
operating companies, reviewed publicly
available materials from these 91
providers and rated each on how likely
they would be to request approval of a
modified basic firefighting course. The
SME considered the types of courses
offered by each provider, their facilities,
geographic location(s), and the segment
of the industry their clientele work in.
The SME then rated each training
provider as either 0 percent, 25 percent,
50 percent, 75 percent, or 100 percent
likely to request approval of a modified
basic firefighting course. Across the 91
training providers with an approved
basic firefighting course, 56 of them
were rated as having no likelihood of
requesting approval to offer a modified
firefighting course because the SME’s
review indicated that they are unlikely
to serve the inland towing population.
Among the remaining 35 providers, the
SME estimated that the average
likelihood to request approval and offer
a modified basic firefighting course
would be 65 percent. Multiplying 35 by
65 percent yields 23, rounded, or our
estimate for the number of training
providers likely to offer a modified
firefighting course.
Applicants for a national officer
endorsement as master of towing vessels
(limited) or mate (pilot) of towing
vessels on inland water or Western
Rivers who take a modified course will
realize a cost savings by taking a shorter,
less expensive firefighting course. As
18 https://www.dco.uscg.mil/Portals/9/NMC/pdfs/
courses/courses.pdf lists all courses approved by
the Coast Guard. There are 91 training providers
approved to offer basic firefighting courses.
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discussed in Section IV, Background, of
the published NPRM associated with
this final rule,19 the Coast Guard issued
a final rule in 2013 requiring mariners
seeking national officer endorsements as
master or mate (pilot) of towing vessels
on routes other than oceans to complete
a Coast Guard-approved basic
firefighting course.20 Prior to the 2013
final rule, only masters and mates
(pilots) of towing vessels serving on an
ocean route were required to complete
firefighting training.
Grandfathered Population
This rule will affect applicants for
endorsements of inland master of
towing vessels (limited) if they do not
have a prior endorsement as a mate
(pilot) that required a firefighting
course. The 2013 final rule established
grandfathering provisions for which the
Coast Guard provided guidance in
Navigation and Vessel Inspection
Circular (NVIC) 03–16, titled
‘‘Guidelines for Credentialing Officers of
Towing Vessels.’’ 21 As described in
Enclosure 10 of NVIC 03–16, the Coast
Guard grandfathered mariners applying
for an original MMC endorsed as master
or mate (pilot) of towing vessels on nonoceans routes who began sea service
prior to March 24, 2014 and submitted
an application prior to March 24, 2019.
The grandfathering provisions
established that applicants for original
master or mate (pilot) endorsements on
non-oceans routes prior to March 24,
2019, were not required to take a
firefighting course.22
Mariners raising the grade of their
MMC endorsement from mate (pilot) to
master of towing vessels were also
grandfathered in under NVIC 03–16 and
were not required to take a firefighting
19 See Section IV, Background, of the NPRM
titled, ‘‘Towing Vessel Firefighting Training’’ (86 FR
48925, September 1, 2021. To view the NPRM, go
to www.regulations.gov, type USCG 2020–0492 in
the search box, and click ‘‘Search.’’ Next click on
the ‘‘Browse Documents’’ tab. Then, click on
proposed rule document. This website was last
accessed on April 6, 2023.
20 See final rule titled, ‘‘Implementation of the
Amendments to the International Convention on
Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, and Changes to
National Endorsements’’ (78 FR 77796, December
24, 2013).
21 Current Coast Guard NVICs can be found at:
https://www.dco.uscg.mil/Our-Organization/NVIC/
Year/2010/. (On this site ‘‘click on ‘‘NVIC 03–16.’’
This website was last accessed on April 24, 2023.)
NVIC 03–16 was updated in September 2020, and
the discussion about grandfathering was removed
because the grandfathering period had expired. The
original NVIC was published June 23, 2016, and can
be found here: https://www.regulations.gov/
document/USCG-2016-0611-0001. This website was
last accessed on April 24, 2023.
22 Coast Guard SMEs estimate that nearly all
master or mate (pilot) applicants would have begun
sea service prior to March 24, 2014.
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course. As a result of the grandfathering
provisions, this rule will be applicable
to new applicants for master of towing
vessels (limited) or mate (pilot) of
towing vessels endorsements.
In order to qualify for an MMC
endorsement as master of towing
vessels, other than master of towing
vessels (limited), an applicant must
have prior sea service experience as
either a mate (pilot) of towing vessels or
a master of vessels greater than 200
GRT. Holding the endorsement
authorizing service in either of these
capacities would have required the
applicant to either take a firefighting
course or be grandfathered in under
NVIC 03–16. As a result, this rule does
not impact applicants for an
endorsement as master of towing vessels
other than master of towing vessels
(limited).
Masters of towing vessels (limited) do
not require prior sea service as a master
or mate of vessels greater than 200 GRT.
Therefore, this rule will affect
applicants for endorsements of inland
master of towing vessels (limited) if they
do not have a prior endorsement as a
mate (pilot) that required a firefighting
course. Two towing vessel endorsement
applicant groups are thus affected by
this rule: (1) mate (pilot) of towing
vessels, and (2) master of towing vessels
(limited) with no prior endorsement as
a mate (pilot).
Affected Population of New Applicants
The Coast Guard’s National Maritime
Center (NMC) issues MMCs to
applicants who meet the regulatory
requirements for endorsements
described in 46 CFR parts 11, 12, and
13. Applicants for endorsements as
master and mate (pilot) of towing
vessels may be endorsed to operate on
oceans, near coastal, Great Lakes and
inland waters, or Western Rivers routes.
The MMLD database is used by the
NMC to issue MMCs and maintain
records of U.S. merchant mariners. Data
was obtained from the MMLD, for the
period between 2015–2022, on each
issuance of an original master or mate
(pilot) of towing vessel endorsement,
including when the endorsement was
issued, and the authorized routes of
operation. We excluded applicants for
Great Lakes, near-coastal, or oceans
routes, because applicants for
endorsements on those routes are
required to complete basic firefighting
and will not be affected by the rule.
Currently, Great Lakes and inland
waters are issued as one route for
towing vessel endorsements. With this
rule, language is added to allow the
separation of these two routes so that a
mariner who completes the modified
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basic firefighting course could be issued
an endorsement valid for inland waters
or Western Rivers. Because towing
vessel endorsements are currently
issued for Great Lakes and inland
routes, the Coast Guard cannot directly
estimate from the MMLD data the
number of masters and mates (pilots) of
towing vessels operating exclusively on
inland waters. However, we can
estimate the number of towing vessels
that operate on these waters based on
data from towing vessel inspection
records.
As of 2023, 5,013 towing vessels have
been inspected under 46 CFR
subchapter M.23 When vessels are
inspected, they must declare their
operating route, which may include the
Great Lakes, inland waters and Western
Rivers.
In order to isolate the vessels
operating on the Great Lakes, we first
reviewed the number of vessels that
operate on the Great Lakes, inland
waters, or Western Rivers, and then
examined the number of vessels that list
the Great Lakes as at least one of their
routes. Specifically, out of the 5,013
total towing vessels inspected under 46
CFR subchapter M, 3,552 are recorded
as one or more of the following routes:
Great Lakes, inland waters, or Western
Rivers. Of the 3,552 vessels, 169, or 5
percent, rounded (169 ÷ 3,552 = 0.048),
include the Great Lakes as one of their
listed routes and, therefore, will require
basic firefighting training, since they
may operate on the Great Lakes. The
remaining 95 percent, or 3,383 vessels,
do not include the Great Lakes as one
of their listed routes and, therefore,
mariners serving on these vessels are
eligible to take the modified basic
firefighting course.
Table 4 shows the number of
endorsements issued from 2016–2019
for master of towing vessels (limited)
and mate (pilot) of towing vessels,
respectively, endorsed to operate on the
67975
Great Lakes, inland waters, or Western
Rivers routes.24 While we have data on
the number of endorsements issued in
2020 and 2021, we intentionally
exclude 2020 and 2021 when
calculating the average number of
master (limited) and mate (pilot) towing
vessel endorsements each year because
of the impact of the COVID–19
pandemic on all facets of the U.S.
economy. Therefore, we do not believe
the number of endorsements issued in
2020 and 2021 represents a typical year,
and many individuals who might
ordinarily have pursued an
endorsement did not because of the
general slowdown in business
associated with the pandemic. On
average, between 2016 and 2019, the
Coast Guard issued 16 master of towing
vessels (limited) and 495 mate (pilot) of
towing vessels endorsements per year,
for a total of 511 new endorsements per
year on Great Lakes, inland waters, and/
or Western Rivers routes.
TABLE 4—ESTIMATED NUMBER OF NEW GREAT LAKES, WESTERN RIVERS, AND/OR INLAND WATERS MATE (PILOT) AND
MASTERS (LIMITED) ENDORSEMENTS ISSUED PER YEAR * 25
Mate (pilot)
applicants
Year
2016 .........................................................................................................................................................................
2017 .........................................................................................................................................................................
2018 .........................................................................................................................................................................
2019 .........................................................................................................................................................................
Average ....................................................................................................................................................................
Master
(limited)
with no mate
(pilot)
endorsement
615
530
423
410
495
19
17
15
11
16
ddrumheller on DSK120RN23PROD with RULES1
* Numbers may not add due to rounding.
As seen in table 4, the number of
individuals applying for an
endorsement as mate (pilot) of towing
vessels has been declining. The Coast
Guard does not know specifically why
fewer individuals have applied for an
endorsement as mate (pilot) of towing
vessels. It may be associated with
grandfathering provisions provided in
the 2013 final rule, which established
grandfathering provisions for master
and mate (pilot) of towing vessels. The
2013 final rule could have caused
applicants for master of towing vessels
(limited) and mate (pilot) of towing
vessels endorsements to seek an MMC
earlier than they may have otherwise, in
order to be grandfathered under the
existing regulations. Additionally, the
introduction of subchapter M in 2016
may have led to a contraction in the
industry. In either case, the Coast Guard
believes that the current decline has
been more severe than fundamentals
would suggest, and, carrying forward,
we expect the number of applicants to
level off. The Coast Guard therefore
utilized the 4-year average of the
number of new towing vessel mate
(pilot) applicants, or 495, and the 4-year
average of the number of master
(limited), or 16, to estimate that 511
mariners apply to the Coast Guard for
endorsements to operate on the Great
Lakes, Western Rivers, or inland waters
each year.
Applying the percentage of vessels
that do not operate on the Great Lakes
(95 percent) to the estimated 511 annual
new endorsements yields an estimated
485 new endorsements as mate (pilot) of
towing vessels or master of towing
vessels (limited) operating in inland
waters or Western Rivers per year,
rounded (511 × 0.95 = 485).
23 These data were retrieved from the Coast
Guard’s Marine Information for Safety and Law
Enforcement (MISLE) database in February 2023.
Title 46 CFR subchapter M requires all towing
vessels greater than 26 feet and those that transport
hazardous materials to be inspected.
24 Endorsement data for 2022 are currently
incomplete; therefore, they are not included in our
analysis.
25 Please see footnote 14 for more information
about the why the numbers of inland waters and
Western Rivers master (limited) and mate (pilot)
applicants have increased from the NPRM.
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Costs
The modified basic firefighting course
for towing vessels on inland waters and
Western Rivers will be a modified
version of the basic firefighting course.
Mariners are required to take a basic
firefighting course, and this final rule
permits some mariners to take the
modified basic firefighting course in
lieu of the basic firefighting course. As
such, this rule presents no additional
costs to mariners who will continue to
operate on inland waters and Western
Rivers.
Before mariners could save hours
spent in training and tuition for a basic
firefighting course, by taking a modified
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basic firefighting course, training
providers will first need to obtain Coast
Guard approval for the modified basic
firefighting course. training providers
submit course approval requests to the
NMC in accordance with the
requirements of 46 CFR, part 10, subpart
D. The NMC then evaluates the course
to ensure the content demonstrates
comprehensive coverage of the
firefighting knowledge and competency
requirements of the training. If the
course submission does not require
edits or revisions, and is approved as
submitted, the Coast Guard estimates
that it would take a training specialist
at a training provider 6 hours to develop
and submit a request for course
approval of a modified basic firefighting
course.26
We used the Bureau of Labor
Statistics’ (BLS) Occupational
Employment Statistics NationalIndustry-Specific Occupational
Employment and Wage Estimates for
May 2021 ‘‘Training and Development
Specialists’’ category to estimate the
wages for the employees who would
prepare and submit the course for Coast
Guard approval, as these employees
‘‘design and conduct training and
development programs to improve
individual and organization
performance.’’ 27 The BLS estimates a
training and development specialist’s
mean hourly wages at $32.51. We apply
a load factor to account for non-wage
compensation and benefits, resulting in
a fully loaded hourly wage of $45.51.28
If the submission does not require a
request for additional information to
supplement the course approval request,
the Coast Guard estimates that a federal
government employee, at a grade level
of a General Schedule (GS)-7, will
require 1 hour to process the receipt of
the course approval submission. One
federal employee, at a grade level of a
GS–13, will spend 4 hours evaluating
the course approval request; another
federal employee, at a grade level of GS–
13, will spend 0.5 hours reviewing the
course; and a fourth federal employee,
also at a grade level of GS–13, will
spend 0.5 hours conducting a final
review of the course. In total, the Coast
Guard will spend 1 hour of GS–7 time
and 5 hours of GS–13 time per course
approval request if the submission does
not require a request for additional
information to supplement the course
approval request.
The impacted employees work in the
Washington-Baltimore-Arlington, DC–
MD–VA–WV–PA, area. The Office of
Personnel Management (OPM) lists the
hourly pay for federal employees in the
Washington, DC area according to the
Washington, DC GS pay tables.29 We
estimate that the impacted employees
will, on average, be at a step 5 pay,
because that is the midpoint of the pay
band. The OPM records the hourly pay
of GS–7, step 5 employees as $26.69,
and records the hourly pay of GS–13,
step 5 employees as $56.31. These
wages are not fully loaded, meaning
they do not account for associated
benefits.
To account for the value of benefits to
government employees, we first
calculate the share of total
compensation of federal employees
accounted for by wages. The
Congressional Budget Office (2017)
reports total compensation to federal
employees as $64.80 per hour and
wages as $38.30.30 This implies that
total compensation is 1.69 times the
average wages ($64.80 ÷ $38.30 = 1.69).
We can, therefore, calculate the fully
loaded wage rate for the GS–7 and GS–
13 hourly wage rates by multiplying by
1.69, yielding $45.11 and $95.16,
respectively.
All 23 training providers that may
offer a modified basic firefighting course
must submit a course approval request
to the Coast Guard for evaluation. We
estimate the costs of this initial
submission to industry and the Coast
Guard as shown in table 5.
TABLE 5—COSTS DUE TO INITIAL COURSE APPROVAL APPLICATIONS
ddrumheller on DSK120RN23PROD with RULES1
Employee type
Fully
loaded wage
Number of
training
providers
Hours
Total cost
[A]
[B]
[C]
[A * B * C]
Training Provider Cost ..................................
Government Cost ..........................................
Government Cost ..........................................
Training Specialist ..............
GS–7 ..................................
GS–13 ................................
45.51
45.11
95.16
23
23
23
6
1
5
$6,280
1,038
10,943
Total Government Cost ..........................
............................................
..........................
........................
........................
11,981
Total Cost .......................................
............................................
..........................
........................
........................
18,261
It is common for training providers to
submit insufficient supporting
information with a course approval
request to the Coast Guard. When this
occurs, the Coast Guard requests
additional information from the training
provider. We reviewed NMC data on
new course approval submissions over 5
years (2018–2022) to determine how
likely it is for a training provider to
submit a course approval request
without the Coast Guard requesting
additional information. We reviewed
NMC data on the total number of course
approval applications received and the
number of course approval applications
that require additional information such
as edits and revisions (see table 6). We
26 Information provided by an SME from the
Coast Guard’s NMC.
27 https://www.bls.gov/oes/2021/may/
oes131151.htm. This website was accessed on April
24, 2023.
28 Data on the employer cost of compensation was
sourced from the ‘‘Employer Costs for Employee
Compensation’’ one screen data search. We
searched for both the total compensation and the
wages and salaries of private industry workers in
the ‘‘Educational Services Industry’’ yielding BLS
series CMU2016100000000D for total compensation
and series CMU2026100000000D for wages. To
derive the cost of compensation per hour worked,
the Coast Guard first took the average of the four
quarters of total compensation or $49.86 and the
average of the four quarters of wages and salaries
of $36.01, rounded. We then divided the total
compensation amount of $49.86 by the wage and
salary amount of $36.01 to obtain the load factor of
about 1.4 for ‘‘Educational Services’’ occupations,
rounded (49.86 divided by 36.01 equals 1.4,
rounded). To load the wage, the Coast Guard
multiplied the estimated hourly wage of $32.51 by
the loaded wage factor of 1.4 yielding $45.51,
rounded, which accounts for the total cost of
compensation per hour of work (32.51 multiplied
by 1.4 equals 45.51).
29 https://www.opm.gov/policy-data-oversight/
pay-leave/salaries-wages/salary-tables/21Tables/
html/DCB_h.aspx. This website was last accessed
on April 24, 2023.
30 Congressional Budget Office (2017),
‘‘Comparing the Compensation of Federal and
Private-Sector Employees, 2011 to 2015,’’ https://
www.cbo.gov/system/files/115th-congress-20172018/reports/52637-federalprivatepay.pdf. This
document was last accessed on April 24, 2023.
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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations
estimate that training providers provide
incomplete information in their
application packet 38 percent of the
time.
TABLE 6—COURSE APPROVAL REQUESTS RECEIVED WITH INSUFFICIENT INFORMATION
Year
2018
2019
2020
2021
2022
Course approval
requests received
Course approval
requests received with
insufficient information
Percent of course approval
requests with insufficient
information
[A]
[B]
[B ÷ A]
...............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
944
768
699
751
655
362
335
199
182
362
38
44
28
24
55
Total ........................................................................
3,817
1,440
38
When training providers submit a
course approval request with
incomplete information, the Coast
Guard will request that the training
providers revise their course request
and resubmit. The Coast Guard
estimates that both the training provider
and the Coast Guard will spend an equal
number of hours on each resubmittal as
they would on the initial submission. In
other words, the training provider will
spend 6 hours on an initial approval
request and 6 hours on the resubmittal,
for 12 hours total, and the Coast Guard
will spend 1 GS–7 hour and 5 GS–13
hours on the initial request, and 1 GS–
7 hour and 5 GS–13 hours on the
resubmittal, for 2 GS–7 hours and 10
GS–13 hours total.31
Thus, the Coast Guard estimates that
38 percent of the training providers, or
9 training providers (23 × 0.38 = 9), will
submit the request for course approval
with incomplete information, requiring
a second submission taking 6 hours to
prepare for submission to the Coast
Guard. Similarly, the Federal
Government will spend an additional 1
hour at grade level GS–7 and 5 hours at
grade level GS–13 to review the
information resubmitted for the course
approval request. We estimate the costs
of modified firefighting course
approvals resubmissions as shown in
table 7.
TABLE 7—SUMMARY OF RESUBMISSION COSTS FOR MODIFIED FIREFIGHTING TRAINING COURSES
ddrumheller on DSK120RN23PROD with RULES1
Employee type
Hourly
burdened wage
Number of
training
providers
Average hours
Total cost 32
[A]
[B]
[C]
[A * B * C]
Training Provider Cost .................................
Government Cost .........................................
Government Cost .........................................
Training Specialist .............
GS–7 .................................
GS–13 ...............................
$45.51
45.11
95.16
9
9
9
6
1
5
$2,458
406
4,282
Total Government Cost ........................
............................................
..........................
........................
........................
4,688
Total Cost ......................................
............................................
..........................
........................
........................
$7,146
We estimate the total costs to training
providers from initial applications and
any resubmissions to be approximately
$8,738 ($6,280 + $2,458), and the total
costs to government to be approximately
$16,669 ($11,981 + $4,688). Together,
we estimate the one-time costs of
evaluating approval requests for the
modified basic firefighting courses to be
$8,738 + $16,669, or $25,407 during the
first year of implementation.
As discussed above, Coast Guard
course approvals are valid for 5 years,
and training providers must seek a
renewal every 5 years to continue to
offer the course. This course renewal
will include a submission similar to that
31 Information provided by an SME from the
Coast Guard’s NMC.
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initially provided to and approved by
the Coast Guard. Since the Coast Guard
will have previously reviewed and
approved the course submission, the
Coast Guard estimates that it would take
training providers less time to prepare
all materials for the Coast Guard.
Specifically, we estimate that the same
training specialist who spent 6 hours on
an initial course approval request will
spend 1 hour on a renewal request, and
the renewal request will be submitted
without any revisions.33 We further
estimate that all 23 providers will
submit a request for renewal of a course
approval, because, based on a review of
32 Numbers
PO 00000
may not add due to rounding.
Frm 00049
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Sfmt 4700
previous course approval renewals, we
do not expect a turnover in training
providers. The Coast Guard, however,
will spend the same amount of time
reviewing the renewal requests as it
spent with the initial approval request
to ensure that the course still meets
regulatory requirements, or 1 hour of
GS–7 time and 5 hours of GS–13 time.
These costs will occur 5 years after
each approval, or in year 6. We estimate
the course renewal costs as shown in
table 8. The 10-year distribution of
undiscounted and discounted costs
from both the initial and renewal
requests are recorded in table 9.
33 According to SMEs from the Coast Guard’s
Office of Merchant Mariner Credentialing.
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TABLE 8—COURSE RENEWAL SUBMISSION COST
Employee type
Burdened
wage
Number of
training
providers
Hours
Total cost
[A]
[B]
[C]
[A * B * C]
Training Provider Cost .....................................
Government Cost .............................................
Government Cost .............................................
Training Specialist ...........
GS–7 ...............................
GS–13 .............................
45.51
45.11
95.16
23
23
23
1
1
5
$1,047
1,038
10,943
Total Government Cost .............................
.........................................
..........................
........................
........................
11,981
Total Cost ...........................................
.........................................
..........................
........................
........................
13,028
TABLE 9—DISCOUNTED COSTS OVER A 10-YEAR PERIOD OF ANALYSIS IN 2021 DOLLARS DISCOUNTED AT 7% AND 3%
Undiscounted
costs
ddrumheller on DSK120RN23PROD with RULES1
Year
Discounted costs
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
$25,407
0
0
0
0
13,028
0
0
0
0
$23,745
0
0
0
0
8,681
0
0
0
0
$24,667
0
0
0
0
10,911
0
0
0
0
Total ......................................................................................................................................
38,435
32,426
35,577
Annualized .....................................................................................................................
........................
4,617
4,171
Benefits
The primary benefits of the rule come
from the cost savings to mariners in
terms of reduced time spent in training
and in reduced tuition. The modified
course content will eliminate the
requirement for training using certain
firefighting equipment that is not
required to be carried on towing vessels
operating on inland waters or Western
Rivers. Therefore, the modified basic
firefighting course will be shorter, and
likely less expensive, than the basic
firefighting course. Thus, a mariner will
likely prefer to take a modified basic
firefighting course instead of a basic
firefighting course. Some mariners may
prefer to take the basic firefighting
course if they are considering the
possibility of working on the Great
Lakes, near coastal waters, or ocean
routes in the future. However, we do not
have data to forecast how many of these
mariners might opt, in the future, to take
the basic firefighting course when they
apply for the endorsement as master
(limited) of towing vessels or mate
(pilot) of towing vessels on inland
waters or Western Rivers. Because the
modified basic firefighting course will
be shorter, less expensive, and located
in the same area as the basic firefighting
course, and because only a small
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portion of mariners operate in the Great
Lakes (5 percent), and we already
account for them, we assume all
mariners eligible to take a modified
basic firefighting course will do so.
The basic firefighting training costs
$552.54, on average, and lasts 16
hours.34 The Coast Guard estimates that
the modified basic firefighting course
will be 4 hours shorter than the current
16-hour basic firefighting course. For
the purposes of our analysis, we assume
the modified basic firefighting course
will be less expensive than the basic
firefighting course, because it will
require fewer resources to host, result in
less wear and tear on the facility, and
require fewer hours of an instructor’s
time. As a result, we assume that tuition
will decline proportionally with course
length.
In the affected population section, we
estimate that 485 individuals will apply
for an MMC endorsement as master of
34 Data on the price of firefighting training was
only publicly available for 24 of the 91 approved
training providers. Some of the training providers
are private companies that train their own
employees, some are in schools like the U.S.
Merchant Marine Academy that teach basic
firefighting to their own midshipmen but do not
separate out the training, and others do not appear
to offer basic firefighting training despite having an
approval permitting them to teach it.
PO 00000
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towing vessels (limited) or mate (pilot)
of towing vessels on inland waters or
Western Rivers each year and will be
eligible to take the modified basic
firefighting course in lieu of the basic
firefighting course. Therefore, these
applicants will save 4 hours of their
time and the difference in costs between
the basic firefighting tuition and the
modified basic firefighting course
tuition.
The Coast Guard estimates that these
485 applicants will be mariners who
hold an MMC endorsement as
apprentice mate (steersman), which is a
position between ordinary seaman and
mate. The BLS does not have a labor
category for apprentice mate
(steersman); however, the BLS
Occupational Employment Statistics
National-Industry-Specific
Occupational Employment and Wage
Estimates for May 2021 lists the mean
hourly wages for both ‘‘Captains, Mates,
and Pilots of Water Vessels’’ and
‘‘Sailors and Marine Oilers.’’ 35 As an
35 Master and mate rates were accessed on
February 8, 2023 from: https://www.bls.gov/oes/
2021/may/oes535021.htm#ind. This website was
last accessed on April 24, 2023. Sailor and Oiler
rates were accessed on February 8, 2023 from:
https://www.bls.gov/oes/2021/may/oes535011.htm.
This website was last accessed on April 24, 2023.
For both rates the hourly mean wage for the ‘‘Inland
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apprentice mate (steersman) is a
position between ordinary seaman and
mate, we derive their wages by taking a
weighted average mean hourly wage of
both ‘‘Captains, Mates, and Pilots of
Water Vessels’’ and ‘‘Sailors and Marine
Oilers’’ operating in the ‘‘Inland Water
Transportation’’ industry. We take a
weighted average because the duties and
responsibilities of an apprentice mate
(steersman) are more like that of sailor
than of a mate. Consequently, we rate
the sailor’s wage more heavily than we
weight the mate’s wage. Specifically, we
estimate the mean hourly wage of an
apprentice mate (steersman) by taking
one-third of the average mate’s mean
hourly wage ($55.32) and two-thirds of
the average sailor’s mean hourly wage
($26.44), yielding $36.07 per hour,
rounded.36 We then apply a load factor
to account for non-wage compensation
and benefits, which results in a fully
loaded mean hourly wage of $54.11.37
Therefore, we estimate the annual
undiscounted cost savings for taking
shorter courses to be approximately
$104,973 [(485 endorsements × 4 (the
number of hours saved) × $54.11 (the
burdened wage)].
Applicants for MMC endorsements as
master of towing vessel (limited) and
mate (pilot) of towing vessels will also
save the difference between the tuition
for the less expensive, modified basic
firefighting course and the basic
firefighting course. If we use the tuition
for the basic firefighting course,
$552.54, as the cost of 16 hours of
firefighting instruction, then 12 hours of
instruction would be $414.41, rounded
[($552.54 × (12 ÷ 16) = $414.41)]. The
cost savings for the modified basic
firefighting course due to reduced
tuition would be $138.13
($552.54¥$414.41 = $138.13) or
$66,993 total ($138.13 × 485 = $66,993),
rounded.
In addition, applicants for MMC
endorsements as master of towing vessel
(limited) and mate (pilot) of towing
vessels who drive and lodge near the
closest training provider offering a
modified basic firefighting training
course will save on travel expenses due
to the shortened class time on the
second day of training. Because the
second day of training only involves a
half day or 4 hours of training, we
assume that applicants who would drive
and lodge would be able to use the
remainder of the day to travel home,
rather than lodge for an additional night
and return home the following day. As
67979
a result, we estimate a total savings of
$47,045 in travel expenses from the
removal of 1 day of lodging and reduced
meals and incidentals. See Appendix A
in the docket for an in-depth analysis of
the cost savings associated with reduced
travel expenses. In total, applicants for
master of towing vessels (limited) and
mate (pilot) of towing vessels on inland
waters or Western Rivers routes will
save an average of $219,011 per year—
$104,973 from reduced hours spent in
courses, $66,993 from reduced tuition,
and $47,045 from reduced travel
expenses.
Because courses must be Coast Guardapproved before they can be offered to
mariners, and developing a new course
and obtaining approval from the Coast
Guard can be a lengthy process, we are
delaying the effective date of the rule by
180 days. This will allow time both for
training providers to develop a modified
basic firefighting course and the Coast
Guard to evaluate and approve the
courses prior to the effective date.
However, we assume that a modified
firefighting course will not be widely
available until the second year of
analysis. We show the 10-year
distribution of cost savings in table 10.
TABLE 10—DISCOUNTED COST SAVINGS OVER A 10-YEAR PERIOD OF ANALYSIS IN 2021 DOLLARS AT 7% AND 3%
Undiscounted
cost savings
Year
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
........................
$219,011
219,011
219,011
219,011
219,011
219,011
219,011
219,011
219,011
........................
$191,293
178,778
167,082
156,152
145,936
136,389
127,466
119,127
111,334
........................
$206,439
200,426
194,588
188,921
183,418
178,076
172,889
167,854
162,965
Total ......................................................................................................................................
1,971,099
1,333,558
1,6558,576
Annualized .....................................................................................................................
........................
189,869
194,084
courses that are more tailored to the
credential endorsement.
Unquantified Benefits of the Rule
There is no data to quantify any
additional benefits beyond the cost
savings estimated and noted above.
However, a qualitative benefit of this
rule is that there will be firefighting
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16:51 Oct 02, 2023
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searched for both the total compensation and the
wages and salaries of private industry workers in
the ‘‘Transportation and Warehousing Industry’’
yielding BLS series CMU2014300000000D for total
compensation and series CMU2024300000000D for
wages. To derive the cost of compensation per hour
worked, the Coast Guard first took the average of
the four quarters of total compensation or $40.79
and the average of the four quarters of wages and
salaries of $26.98, rounded. We then divided the
total compensation amount of $40.79 by the wage
and salary amount of $26.98 to obtain the load
factor of about 1.5 for ‘‘Transportation and
Warehousing’’ occupations, rounded ($40.79
divided by $26.98 equals 1.5, rounded). To load the
wage, the Coast Guard multiplied the estimated
hourly wage of $36.07 by the loaded wage factor of
1.5 yielding $54.11, rounded, which accounts for
the total cost of compensation per hour of work
($36.07 multiplied by 1.5 equals $54.11).
Analysis of Alternatives
Water Transportation’’ industry was used as this
best approximates the wages of towing vessel
masters, mates, and deckhands. The reader can find
this wage rate under the ‘‘Industry Profile’’ section
of each web page.
36 More specifically, [($55.32 divided by 3) plus
($26.44 multiplied by 2⁄3)] which equals $36.07.
37 Data on the employer cost of compensation was
sourced from the ‘‘Employer Costs for Employee
Compensation’’ one screen data search. We
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In addition to our preferred
alternative, which is discussed
throughout the remainder of this RA, we
considered three additional alternatives:
(1) No action, or maintaining the
requirement that masters and mates
(pilots) of towing vessels be required to
take a basic firefighting course. With
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this alternative, applicants would not
benefit from a shorter, modified basic
firefighting course. Therefore, there
would be no cost savings. We rejected
the no-action alternative because it
would not create cost savings for
mariners seeking an endorsement for
master or mate (pilot) of towing vessels
on inland waters or Western Rivers.
(2) We also considered an alternative
from a comment submitted during our
request for feedback. This commenter
recommended that the Coast Guard
eliminate the approved training
requirement and rely instead on drills
required by existing regulations to
ensure mariner competence in
firefighting. Proponents of this
alternative are likely to argue that the
absence of a training requirement could
lead to cost savings from: (1) no longer
traveling to, paying for, or spending
time in the training. However, the Coast
Guard believes this alternative has
serious drawbacks. First, as noted
earlier, firefighting training ensures that
mariners have fundamental firefighting
and emergency skills that allow for
effective fire prevention and the quick
extinguishment of small fires that could
otherwise spread and lead to property
damage and personnel injury or death.
Without the training, the Coast Guard
cannot be sure that mariners would
have the necessary skills to combat fires
should they occur on vessels. Second,
instructors in courses that are approved
by the Coast Guard are required to have
experience or training in effectively
delivering course material. Third, the
content of company managed training
and drills would likely be less intensive
and exhaustive than what training
providers will offer. Firefighting courses
include live fire exercises and practical
experience identifying potential fire
hazards and extinguishing live fires. As
part of approved training, these types of
activities take place in a controlled
environment, allowing students to meet
learning objectives while keeping them
safe from the associated hazards. These
practical exercises cannot be carried out
on an operational vessel. Fourth, it is
common for mariners to work on
different vessels and for different
companies. There is a need for the
common foundational training that a
Coast Guard-approved course provides.
While individuals no longer being
required to take a firefighting course
may view this as a benefit via cost
savings, the Coast Guard views this as
unacceptably decreasing the quality of
firefighting skills and decreasing the
safety of the inland waters and Western
Rivers towing vessel fleet.
Taken together, these four findings
would lower the safety and
preparedness of the inland waters and
Western Rivers towing vessel fleet
substantially. Therefore, the Coast
Guard rejected this alternative.
(3) The third alternative we
considered was permitting firefighting
training specific to inland waters and
Western Rivers towing vessels but
requiring the new training to have the
same 16 hours of coursework and cover
additional topics and situations
common to inland waters and Western
Rivers towing vessels not previously
required by regulation. While the
addition of topics for training could be
beneficial, the Coast Guard has no data
or feedback to support its impact on
safety. Additionally, the Coast Guard
believes training providers will have
little incentive to undergo the expense
of developing a firefighting course that
will not provide cost savings to
mariners.
Both courses would occur over 2
days. In the 16-hour course suggested by
this alternative, the mariner would
likely experience a cost savings from
reduced tuition because there would be
fewer equipment needs used for the
training; however, we do not have a way
to estimate the size of this reduction in
fees. This reduction in fees would
almost certainly be less than the
reduction in fees for a 12-hour course
instead of a 16-hour course, because the
instructors would spend more hours in
class under the 16-hour course.
Additionally, a 16-hour course would
not result in the cost savings from the
4-hour reduced training duration,
estimated at $104,973 annually. As a
result, the Coast Guard rejected this
alternative because it did not lead to the
highest cost savings.
Net Cost Savings
As documented above, there will be
costs to training providers and the Coast
Guard, and cost savings to mariners who
will have the option to complete a
modified basic firefighting course. Table
11 presents the net cost savings to
mariners and the Government over a 10year period of analysis, in 2021 dollars.
TABLE 11—DISCOUNTED NET COST SAVINGS OVER A 10-YEAR PERIOD OF ANALYSIS IN 2021 DOLLARS AT 7% AND 3%
Undiscounted
cost savings
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Year
Discounted cost savings
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
¥$25,407
219,011
219,011
219,011
219,011
205,983
219,011
219,011
219,011
219,011
¥$23,745
191,293
178,778
167,082
156,152
137,255
136,389
127,466
119,127
111,334
¥$24,667
206,439
200,426
194,588
188,921
172,508
178,076
172,889
167,854
162,965
Total ......................................................................................................................................
1,932,664
1,301,133
1,619,999
Annualized .....................................................................................................................
........................
185,252
189,913
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. The term
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‘‘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.
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As described in section VI. A.,
Regulatory Planning and Review, there
will be two affected populations: (1)
training providers who develop and
submit a course to the Coast Guard for
approval, and (2) applicants for master
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of towing vessels (limited) and mate
(pilot) of towing vessels operating on
inland waters or Western Rivers.
Applicants are individuals and not
entities; as such, the second affected
population does not contain any small
entities.
Of the 91 training providers approved
to offer a basic firefighting course, the
Coast Guard identified 35 training
providers who might submit requests for
course approval to teach a modified
firefighting course.38 Of these 35
providers:
• 13 are public agencies, none of
which are classified as small entities;
• 4 are non-profit organizations, and
all 4 are classified as small entities;
• 18 are private companies. Of these,
4 are not classified as small businesses,
8 are classified as small businesses, and
6 could not be classified because
information could not be found on those
6 businesses. We classify those 6
businesses, where information could not
be found, as small entities.
In total, we classified 18 of 35 entities
as small entities. Table 12 lists the
North American Industry Classification
System (NAICS) codes and size
standards used to determine whether
entities are small and the numbers of
small entities.
TABLE 12—SIZE STANDARDS AND THE AFFECTED ENTITIES
NAICS U.S. industry title
NAICS
code
Small Government Jurisdiction.
Small Organization .........
Crude Petroleum Extraction.
Inland Water Freight
Transportation.
Inland Water Passenger
Transportation.
Navigational Services to
Shipping.
Human Resources Consulting Services.
Business and Secretarial
Schools.
Other Technical and
Trade Schools.
Sports and Recreation
Instruction.
Ambulance Services .......
Firms Where the Industry
Could not be Identified.
Total ........................
N/A
Number of
entities
Size standard
Number of
small
entities
13
0
4
4
211120
‘‘governments of cities, counties, towns, townships, villages, school districts, or special districts with a population of less than 50,000’’.
‘‘any not-for-profit enterprise that is independently owned and operated and
not dominant in its field’’.
1,250 employees ............................................................................................
1
0
483211
750 employees ...............................................................................................
1
1
483212
500 employees ...............................................................................................
1
0
488330
$41.5 million in revenue .................................................................................
2
1
541612
$16.5 million in revenue .................................................................................
1
1
611410
$8 million in revenue ......................................................................................
1
1
611519
$16.5 million in revenue .................................................................................
3
3
611620
$8 million in revenue ......................................................................................
1
1
621910
N/A
$16.5 million in revenue .................................................................................
N/A ..................................................................................................................
1
6
0
6
................
.........................................................................................................................
35
18
N/A
As shown in the Costs section of this
RA, we estimate that it takes either 6
hours to prepare and submit a course
approval request for a modified basic
firefighting course or 12 hours if the
course approval request requires
additional information and
resubmission. A training and
development specialist’s time is valued
than $54,612 ($546.12 ÷ 0.01 = $54,612).
Out of the 8 small entities for which we
had revenue information, none had
annual revenue under $54,612. Table 13
indicates the distribution of revenue
impacts for the small entities for which
we were able to identify revenue
information.40
at a burdened rate of $45.51, for a total
cost of either $273.06, or $546.12.39 For
this rule to impose a significant impact
on a small entity, the impact would
have to be greater than 1 percent (.01)
of a small entity’s annual revenue. That
is, for this rule to have a significant
economic impact on an entity, the
entity’s annual revenue has to be less
TABLE 13—DISTRIBUTION OF REVENUE IMPACTS
Average
annual impact
Percent of revenue impact
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<1% ................................................................................................................................
1–3% ..............................................................................................................................
38 In the Affected Population section, we
estimated that 23 providers will most likely be
impacted by this rule based on their location and
other factors. While we estimated that 23 providers
will be most likely impacted, we identified 35
providers that might offer a modified basic
firefighting course. For the purposes of the
regulatory flexibility analysis, and because we did
not know with certainty which of the 35 training
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$546.12
546.12
providers will be impacted, we reviewed the
potential costs to any of 35 entities to see if this rule
will be likely to have a substantial impact on small
entities. These 35 training providers are available in
the docket where indicated under the ADDRESSES
portion of the preamble (See Table A1: Basic
Firefighting Training Providers, Course Cost, and
Likelihood to Offer a Modified Basic Firefighting
Course).
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Small entities
with known
revenue
Portion of small
entities with
known revenue
8
0
100
0
39 See footnote 26 for a calculation of the
burdened wage rate for training and development
specialists. 6 hours × $45.51 per hour is $273.06,
while 12 hours × $45.51 per hour is $546.12.
40 We were not able to identify revenue
information for the 4 nonprofit small entities and
for 6 firms we identified as small businesses.
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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations
TABLE 13—DISTRIBUTION OF REVENUE IMPACTS—Continued
Average
annual impact
Percent of revenue impact
>3% ................................................................................................................................
Therefore, based on this analysis, 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).
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D. Collection of Information
This rule calls for a change to the
existing information collection (OMB
Control Number 1625–0028) under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3520. As defined in 5 CFR
1320.3(c), ‘‘collection of information’’
comprises reporting, recordkeeping,
monitoring, posting, labeling, and other
similar actions. The title and
description of the information
collections, a description of those who
must collect the information, and an
estimate of the total annual burden
follow. The estimate covers the time for
reviewing instructions, searching
existing sources of data, gathering, and
maintaining the data needed, and
completing and reviewing the
collection.
Title: Course Approval and Records
for Merchant Mariner Training Schools.
OMB Control Number: 1625–0028.
Summary of the Modification to the
Collection of Information: This rule
permits training providers to offer a new
course, approved under 46 CFR 10.402
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and 10.403, by permitting inland waters
and Western Rivers towing vessel
master and mate (pilot) applicants to
take a modified basic course in lieu of
a basic firefighting course.
Need for Information: The Coast
Guard will need to receive a course
approval submission from training
providers who will offer a modified
basic inland waters and Western Rivers
towing vessel firefighting course.
Proposed Use of the Information: The
collection of information is intended to
ensure that training providers meet the
regulatory requirements for the courses
that they offer.
Description of the Respondents: The
respondents are training providers
wishing to offer a modified basic inland
waters and Western Rivers towing
vessel firefighting course.
Number of Respondents: The Coast
Guard estimates that there will not be
any additional respondents, because the
training providers requesting approval
of a modified basic inland waters and
Western Rivers towing vessel
firefighting course already have other
courses approved by the Coast Guard.
As such, the Coast Guard expects there
will be no additional respondents
because the respondents are already
included in the collection of
information. Out of the 315 current
annual respondents for OMB Control
Number 1625–0028, 91 are currently
approved to offer a basic firefighting
course. Based on information provided
by an SME from the Coast Guard’s
Office of Merchant Mariner
Credentialing, we estimate that 23 of the
91 training providers offering a basic
firefighting course will likely request
approval of a modified basic inland
waters and Western Rivers towing
vessel firefighting course.
Frequency of Response: We expect
that 62 percent of the training providers
will request course approval and not
need to provide additional information,
and the other 38 percent will request
course approval and need to provide
additional information. The Coast Guard
expects these requests to happen in the
first year. Therefore, we estimate that
there will be 32 additional responses
from this rule (23 initial submissions,
plus 9 submissions of additional
information).
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Small entities
with known
revenue
546.12
Portion of small
entities with
known revenue
0
0
Burden of Response: Out of the 32
responses, the Coast Guard estimates
that 23 will take 6 hours to request
approval of a modified basic inland
waters and Western Rivers towing
vessel firefighting course because the
training provider’s submission complies
with Coast Guard policies and
regulations. Another 9 responses will
take an additional 6 hours because the
course package will need to be revised
and resubmitted.
Estimate of Total Annual Burden: All
32 responses will take 6 hours to
complete. Consequently, the Coast
Guard estimates that 32 × 6, or 192
hours, will be incurred by training
providers in requesting new modified
basic firefighting course approvals.
As required by 44 U.S.C. 3507(d), we
will submit a copy of this rule to OMB
for its review of the collection of
information.
You are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number. OMB has not yet completed its
review of this collection. Once OMB
completes action on our information
collection request, we will publish a
Federal Register notice describing
OMB’s action.
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. 7101 (personnel
qualifications of officers serving on
board merchant vessels), 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, e.g., United States v. Locke,
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529 U.S. 89 (2000) (finding that the
states are foreclosed from regulating
tanker vessels) see also Ray v. Atlantic
Richfield Co., 435 U.S. 151, 157 (1978)
(state regulation is preempted where
‘‘the scheme of federal regulation may
be so pervasive as to make reasonable
the inference that Congress left no room
for the States to supplement it [or
where] the Act of Congress may touch
a field in which the federal interest is
so dominant that the federal system will
be assumed to preclude enforcement of
state laws on the same subject.’’
(citations omitted)). Because this rule
involves the credentialing of merchant
mariner officers under 46 U.S.C. 7101,
it relates to personnel qualifications for
vessels subject to a pervasive scheme of
federal regulation 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.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, Executive Order
13132 specifically directs agencies to
consult with State and local
governments during the rulemaking
process. If you believe this proposed
rule would have implications for
federalism under Executive Order
13132, please call or email the person
listed in the FOR FURTHER INFORMATION
section of this preamble.
Therefore, because the States may not
regulate within these categories, this
rule is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
G. Taking of Private Property
F. Unfunded Mandates
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 would 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
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.
VerDate Sep<11>2014
16:51 Oct 02, 2023
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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
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
67983
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, Rev. 1,41
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), 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. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
This rule is categorically excluded
under paragraphs L52 and L56 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev.1.
Paragraph L52 pertains to regulations
concerning vessel operation safety
standards and paragraph L56 pertains to
regulations concerning the training,
qualifying, and credentialing of
maritime personnel.
This rule revises the existing
merchant mariner credentialing training
requirements for national endorsements
as master and mate (pilot) for towing
vessels. The changes apply to mariners
working on towing vessels inspected
under 46 CFR subchapter M when
operating on inland waters or Western
Rivers routes. Under the rule, these
mariners will only be required to
complete training that is relevant to the
firefighting equipment that is available
on their vessels. This change promotes
marine safety by focusing attention on
the resources actually available to
affected mariners.
List of Subjects in 46 CFR Part 11
Penalties, Reporting and
recordkeeping requirements, Schools,
Seamen.
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR part 11 as follows:
■ 1. The authority citation for part 11 is
revised to read as follows:
41 https://www.dhs.gov/sites/default/files/
publications/DHS_Instruction%20Manual%2002301-001-01%20Rev%2001_
508%20Admin%20Rev.pdf. This document was
last accessed on April 24, 2023.
E:\FR\FM\03OCR1.SGM
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67984
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations
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; E.O. 10173; DHS Delegation No.
00170.1, Revision No. 01.3. Section 11.107 is
also issued under the authority of 44 U.S.C.
3507.
2. Amend § 11.201 by:
a. Revising the first sentence of
paragraph (h)(1) introductory text;
■ b. Revising paragraphs (h)(2)(i),
(h)(3)(i) and (ii);
■ c. Adding paragraphs (h)(3)(iii) and
(iv); and
■ d. In paragraph (l), after the word
‘‘service’’ and before the words ‘‘and
examination’’ adding the text ‘‘,
training’’.
The revisions and additions read as
follows:
■
■
Dated: September 21, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2023–21560 Filed 10–2–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
§ 11.201 General requirements for national
and STCW officer endorsements.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(h) * * *
(1) Applicants for an original officer
endorsement in the following categories
must present a certificate of completion
from a firefighting course of instruction
relevant to the endorsement being
sought that has been approved by the
Coast Guard. * * *
(2) * * *
(i) All national officer endorsements
as master or mate on seagoing vessels of
200 GRT or more.
*
*
*
*
*
(3) * * *
(i) All officer endorsements as master
on vessels of less than 500 GT in ocean
service.
(ii) All officer endorsements for
master or mate (pilot) of towing vessels
for service on near-coastal waters,
except apprentice mate (steersman) of
towing vessels.
(iii) All officer endorsements for
master or mate (pilot) of towing vessels
for service on Great Lakes, except
apprentice mate (steersman) of towing
vessels.
(iv) All officer endorsements as
master or mate (pilot) of towing vessels
for service on inland waters or Western
Rivers, except apprentice mate
(steersman) of towing vessels.
(A) The Coast Guard will accept a
Coast Guard-approved modified basic
firefighting course, which is the basic
firefighting training described in
paragraph (h)(3) of this section modified
to only cover the equipment, fire
prevention procedures, and firefighting
operations required on towing vessels
on inland waters or Western Rivers
routes required in 46 CFR parts 140 and
142. A mariner who completes this
modified basic firefighting course will
be issued an endorsement that is
VerDate Sep<11>2014
16:51 Oct 02, 2023
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restricted to inland waters or Western
Rivers.
(B) To increase in scope to Great
Lakes, near-coastal or oceans, the
applicant will be required to complete
the firefighting course appropriate to the
route sought.
*
*
*
*
*
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[RTID 0648–XD391]
Pacific Island Fisheries; 2023 U.S.
Territorial Longline Bigeye Tuna Catch
Limits for the Commonwealth of the
Northern Mariana Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of a valid
specified fishing agreement.
AGENCY:
NMFS announces a valid
specified fishing agreement that
allocates up to 1,500 metric tons (t) of
the 2023 bigeye tuna limit for the
Commonwealth of the Northern Mariana
Islands (CNMI) to U.S. longline fishing
vessels. The agreement supports the
long-term sustainability of fishery
resources of the U.S. Pacific Islands, and
fisheries development in the CNMI.
DATES: The specified fishing agreement
was valid as of February 2, 2023. The
start date for attributing 2023 bigeye
tuna catch to the CNMI is October 8,
2023.
SUMMARY:
The Fishery Ecosystem Plan
for Pelagic Fisheries of the Western
Pacific (FEP) describes specified fishing
agreements and is available from the
Western Pacific Fishery Management
Council (Council), 1164 Bishop St.,
Suite 1400, Honolulu, HI 96813,
telephone 808–522–8220, fax 808–522–
8226, or https://www.wpcouncil.org.
NMFS prepared environmental
analyses that describe the potential
impacts on the human environment that
would result from the action. The
analyses, identified by NOAA–NMFS–
2022–0117, are available from https://
www.regulations.gov/docket/NOAA-
ADDRESSES:
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
NMFS-2022-0117, or from Sarah Malloy,
Acting Regional Administrator, NMFS
Pacific Islands Region (PIR), 1845 Wasp
Blvd., Bldg. 176, Honolulu, HI 96818.
FOR FURTHER INFORMATION CONTACT:
Keith Kamikawa, NMFS PIR Sustainable
Fisheries, 808–725–5177.
In a final
rule published on June 15, 2023, NMFS
specified a 2023 limit of 2,000 t of
longline-caught bigeye tuna for each of
the U.S. Pacific Island territories of
American Samoa, Guam, and the CNMI
(88 FR 39201). NMFS allows each
territory to allocate up to 1,500 t of the
2,000 t limit to U.S. longline fishing
vessels identified in a valid specified
fishing agreement, but the overall
allocation limit among all territories
may not exceed 3,000 t.
On September 18, 2023, NMFS
received from the Council, through its
Executive Director, a specified fishing
agreement between the CNMI and the
Hawaii Longline Association (HLA)
allocating 1,500 t of CNMI’s 2,000 t
bigeye tuna limit to U.S. fishing vessels
identified in the agreement for 2023.
The Council’s Executive Director
advised that the agreement is consistent
with the FEP and its implementing
regulations. On September 26, 2023,
NMFS reviewed the agreement and
determined that it is consistent with the
FEP, implementing regulations, the
Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable laws.
In accordance with 50 CFR 300.224(d)
and 50 CFR 665.819(c)(9), vessels in the
agreement may retain and land bigeye
tuna in the western and central Pacific
Ocean under the CNMI attribution
specified in the fishing agreement.
Based on logbook data submitted by
U.S. longline vessels in the WCPFC
Convention Area, NMFS forecasts that
the U.S. longline fishery will reach the
U.S. bigeye tuna limit of 3,554 t by
October 15, 2023. Regulations at
665.819(c)(9)(i) directs NMFS to begin
attributing catch to the applicable U.S.
territory starting seven days before the
date NMFS forecasts the U.S. limit to be
reached, or upon the effective date of
the agreement, whichever is later.
Therefore, on October 8, 2023, NMFS
will begin attributing bigeye tuna caught
by vessels in the agreement to the
CNMI. If NMFS determines that the
fishery will reach the overall 2,000 t
territorial catch limit or the 1,500 t
allocation limit, we will restrict the
catch and retention of longline-caught
bigeye tuna by vessels in order to not
exceed these limits, unless the vessels
are included in a subsequent specified
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03OCR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67966-67984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21560]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 11
[Docket No. USCG-2020-0492]
RIN 1625-AC64
Towing Vessel Firefighting Training
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing this final rule to revise the
training requirements for national Merchant Mariner Credential
endorsements as master of towing vessels (limited) or mate (pilot) of
towing vessels on inland waters or Western Rivers routes. Consistent
with recommendations from two Federal advisory committees, this rule
gives mariners seeking these endorsements the option of taking a
modified basic firefighting course. That course excludes training on
equipment that is not required to be carried on towing vessels
operating on inland waters or the Western Rivers. Applicants who take
the modified basic firefighting course will reduce their costs because
it is shorter and less expensive than the basic firefighting course.
DATES: This final rule is effective April 1, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type USCG-2020-0492
in the search box, and click ``Search.'' Next, in the Document Type
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. James Cavo, Coast Guard; telephone 202-372-1205,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
IV. Discussion of Comments
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
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
[[Page 67967]]
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CG-MMC Coast Guard Office of Merchant Mariner Credentialing
DHS Department of Homeland Security
FR Federal Register
GS General Schedule
GRT Gross register tons
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and Documentation
NAICS North American Industry Classification System
NMC National Maritime Center
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection Circular
OMB Office of Management and Budget
OPM Office of Personnel Management
RA Regulatory analysis
SMS Safety management system
Sec. Section
SME Subject matter expert
STCW Convention International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as Amended
STCW Code Seafarer's Training, Certification and Watchkeeping Code,
as Amended
TSAC Towing Safety Advisory Committee
U.S.C. United States Code
II. Basis and Purpose, and Regulatory History
The legal basis of this rule is Title 46 of the United States Code
(U.S.C.) Section 7101, which authorizes the Secretary of the Department
of Homeland Security (DHS) to establish the experience and professional
qualifications required for the issuance of Merchant Mariner
Credentials (MMCs) with officer endorsements. The DHS Secretary has
delegated the rulemaking authority under 46 U.S.C. 7101 to the Coast
Guard through DHS Delegation No. 00170.1(II)(92)(e), Revision No. 01.3.
Additionally, 14 U.S.C. 102(3) grants the Coast Guard broad authority
to promulgate and enforce regulations for the promotion of safety of
life and property on waters subject to the jurisdiction of the United
States, which includes establishing the experience and professional
qualifications required for the issuance of credentials.
The purpose of this rule is to amend title 46 of the Code of
Federal Regulations (CFR), section 11.201, paragraph (h)(3) by
providing mariners seeking a national officer endorsement as master of
towing vessels (limited) \1\ or mate (pilot) \2\ of towing vessels on
inland waters or Western Rivers routes the option of taking a modified
basic firefighting course instead of a basic firefighting course. The
modified basic firefighting course eliminates training on equipment
that is not required to be carried on towing vessels operating on
inland waters or Western Rivers.\3\ Applicants who take the modified
basic firefighting course would reduce their costs due to the course
being shorter and less expensive than the basic firefighting course.
Mariners who will not be working solely on Western Rivers or inland
waters other than the Great Lakes will still be required to complete a
basic firefighting course. The Coast Guard anticipates this modified
basic firefighting course will have a total of 12 hours of classroom
and practical training instead of a total of 16 hours for the basic
firefighting course.
---------------------------------------------------------------------------
\1\ An endorsement as a master of towing vessels (limited)
authorizes service as a master (the person in command of the vessel)
to work on a towing vessel in a limited local area within inland
waters or Western Rivers (e.g., master of towing vessels (limited)
restricted to the Lower Mississippi River mile marker 775.0 to mile
marker 850.0).
\2\ ``Mate'' means a qualified deck officer other than the
master. On towing vessels on inland waters or Western Rivers,
``pilot'' also refers to a qualified deck officer other than the
master. The terms ``mate'' and ``pilot'' refer to the same position
on the vessel and usage varies based on company and regional
preference.
\3\ Throughout this rule, the term modified basic firefighting
course describes the basic firefighting course required by 46 CFR
11.201(h)(3), modified to eliminate training on equipment that is
not required to be carried on towing vessels operating on inland
waters or Western Rivers routes.
---------------------------------------------------------------------------
On September 1, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Towing Vessel Firefighting
Training'' (86 FR 48925), requesting comments on the proposal to revise
the training requirements for national MMC endorsements as master of
towing vessels (limited) or mate (pilot) of towing vessels on inland
waters or Western Rivers routes. A detailed description of the
background and discussion of the proposed changes can be found in the
NPRM.
III. Background
Coast Guard regulations in 46 CFR part 11, subpart B, contain
merchant mariner credentialing requirements for national and
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as Amended (STCW Convention) officer
endorsements. Currently, the regulations in 46 CFR 11.201(h)(3)(ii)
require mariners seeking national officer endorsements as master or
mate (pilot) of towing vessels on routes other than oceans \4\ to
complete a Coast Guard-approved firefighting course that meets the
basic firefighting training requirements in Regulation VI/1 of the STCW
Convention and Table A-VI/1-2 \5\ of the Seafarer's Training,
Certification and Watchkeeping Code, as Amended (STCW Code). Basic
firefighting training ensures that mariners have the skills to contain
small fires before they can spread, leading to injury, death, property
damage, or becoming a larger marine hazard.
---------------------------------------------------------------------------
\4\ For the purposes of this final rule, we refer to ``routes
other than oceans'' as near-coastal, Great Lakes, inland waters, and
Western Rivers.
\5\ Regulation VI/1 of the STCW Convention and Table A-VI/1-2 of
the STCW Code provides the competence requirements for basic
firefighting.
---------------------------------------------------------------------------
Federal Advisory Committee Recommendations
The Coast Guard received requests from industry to review the
appropriateness of the basic firefighting training requirement for
towing vessel endorsements. As a result, the Coast Guard tasked two
Federal Advisory Committees, the Merchant Marine Personnel Advisory
Committee (MERPAC) \6\ and the Towing Safety Advisory Committee (TSAC)
\7\ with reviewing the basic firefighting training requirements, while
taking into consideration the equipment carried on towing vessels
operating on inland waters and Western Rivers routes.
---------------------------------------------------------------------------
\6\ See ``Merchant Marine Personnel Advisory Committee (MERPAC)
Task Statement #95, Inland Firefighting, Draft Report,'' September
14, 2016. This report is available at: https://homeport.uscg.mil/Lists/Content/Attachments/709/Enclosure%207%20Task%20Statement%2095%20%20Inland%20Firefighting.pdf.
This report was last accessed on April 24, 2023.
\7\ See ``Towing Safety Advisory Committee, Task 16-02,
Recommendations Regarding Firefighting Training Requirements for
Officer Endorsements for Master, Mate (Pilot) of Towing Vessels,
Except Assistance Towing and Apprentice Mate (Steersman) of Towing
Vessels, Inland Service Final Report,'' March 21, 2018. This report
is available at: https://homeport.uscg.mil/Lists/Content/Attachments/799/TSAC%20Task%2016-02%20Inland%20Firefighting%20Final-03212018.pdf. This report was last accessed on April 24, 2023.
---------------------------------------------------------------------------
In their recommendations to the Coast Guard, both MERPAC and TSAC
commented that the basic firefighting requirements in Sec.
11.201(h)(3)(ii) are based on equipment found on deep-sea vessels and
not on vessels operating on inland waters or Western Rivers. In
addition, TSAC identified equipment covered in the basic firefighting
training requirements, contained in Table A-VI/1-2 of the STCW Code,
that is not required to be carried on towing vessels operating on
inland waters or Western Rivers.\8\ They noted that nowhere in 46
[[Page 67968]]
CFR subchapter M, ``Towing Vessels,'' part 142, ``Fire Protection,'' is
there a requirement for towing vessels operating on inland waters or
Western Rivers to be equipped with firefighters' outfits or self-
contained breathing apparatus (SCBA). Because the basic firefighting
training in Sec. 11.201(h)(3)(ii) requires mariners seeking national
officer endorsements for master or mate (pilot) of towing vessels to
become proficient with equipment that is not required to be carried
onboard the vessels they intend to operate, MERPAC and TSAC both
recommended that the content of firefighting training be modified for
these mariners.
---------------------------------------------------------------------------
\8\ Id. at 7.
---------------------------------------------------------------------------
Public Input
In 2017, the Coast Guard sought comments on regulations, guidance
documents, and interpretative documents that the public believed should
be repealed, replaced, or modified.\9\ The Coast Guard received public
input from a trade association representing the towing industry
regarding the basic firefighting training for endorsements as master or
mate (pilot) of towing vessels. The trade association suggested that
the training requirement is excessive because the current towing vessel
regulations in Sec. Sec. 27.209 and 142.245 require company provided
firefighting instruction and drills. The trade association recommended
that the Coast Guard eliminate the basic firefighting training
requirement in Sec. 11.201(h)(3)(ii) for national officer endorsements
as master or mate (pilot) of towing vessels on inland waters and
Western Rivers. The Coast Guard agrees in part with the recommendation
from this trade association. Approved firefighting training is
necessary, but we agree that these mariners should not have to train
using equipment that is not required to be carried aboard the towing
vessels on which they will serve.
---------------------------------------------------------------------------
\9\ See Coast Guard Request for Information entitled,
``Evaluation of Existing Coast Guard Regulations, Guidance
Documents, Interpretative Documents, and Collections of
Information'' (82 FR 26632, June 8, 2017). This document is
available at: https://www.regulations.gov/document?D=USCG-2017-0480-0001. This website was accessed on April 24, 2023.
---------------------------------------------------------------------------
With this final rule, applicants seeking national officer
endorsements as master of towing vessels (limited) or mate (pilot) of
towing vessels on inland waters or Western Rivers will have the option
of taking a modified basic firefighting course that excludes training
on equipment that is not required to be carried on their vessels.
This change applies to applicants for national MMC endorsements as
master of towing vessels (limited) and mate (pilot) of towing vessels
on inland waters or Western Rivers routes. Applicants seeking an
endorsement as master of towing vessels must have completed
firefighting training when they obtain one of the endorsements that are
a prerequisite to qualifying for master of towing vessels. The modified
basic firefighting training required by Sec. 11.201(h)(3) will have to
be approved by the Coast Guard in accordance with the requirements of
Sec. Sec. 10.402 and 10.403. This change will provide an opportunity
for training providers to develop a Coast Guard-approved modified basic
firefighting course for applicants for national MMC endorsements as
master of towing vessels (limited) and mate (pilot) of towing vessels
on inland waters or Western Rivers routes.
Delayed Effective Date
The Coast Guard is delaying the effective date of this rule by 180
days. This delay will allow time for training providers to develop a
modified basic firefighting course, and for the Coast Guard to evaluate
and approve the course.\10\ Training providers wishing to obtain
approval for a modified basic firefighting course may develop and
submit their course for approval before the effective date of this
final rule.
---------------------------------------------------------------------------
\10\ Courses are evaluated and approved by the Coast Guard's
National Maritime Center (NMC) Mariner Training & Assessment
Division, which, from 2018 to 2022, reports a course approval
average annual net processing time of approximately 76 days. Course
approvals are valid for 5 years, as specified in 46 CFR 10.402(d).
---------------------------------------------------------------------------
This rule will result in a one-time cost to training providers for
developing and submitting requests for original approval of a modified
basic firefighting course, and a one-time cost to the Coast Guard for
reviewing and approving these courses. Under existing Sec. 10.402(d)
and (f), there will be ongoing costs to both the training providers and
the Coast Guard every 5 years to request renewal of the course
approval.\11\ Applicants who take a modified basic firefighting course
will receive cost savings due to the course being shorter and less
expensive than the basic firefighting course.
---------------------------------------------------------------------------
\11\ Approved courses are valid for 5 years from the date of
Coast Guard approval. Before the course approval expires, the
training provider must seek a course approval renewal to continue to
offer the course.
---------------------------------------------------------------------------
IV. Discussion of Comments
The Coast Guard received eight submissions by the public in
response to the NPRM published on September 1, 2021. Comments came from
towing vessel operators, a national trade association, and individual
mariners. The following discussion contains an analysis of comments
received. The Coast Guard appreciates all comments on this matter.
Comments in Support of the Proposal
Five commenters agreed that mariners who will serve on towing
vessels on inland waters and Western Rivers should not be required to
receive training on equipment that is not required to be carried aboard
the vessels upon which they will serve. The Coast Guard acknowledges
these comments.
Comments Opposed to the Proposal
One commenter opposed the proposed change because a mariner could
possibly serve on a vessel that is carrying equipment not required
aboard the vessel and would not have received the necessary training in
its safe and proper use. To help reduce ``loopholes and lapses in
training,'' the commenter believes the current firefighting training
should not be reduced.
The Coast Guard appreciates this concern but disagrees that
firefighting training for towing vessels on inland waters or Western
Rivers should include training on equipment that is not required to be
carried aboard those vessels. Formal training provides mariners with a
basic knowledge and understanding of firefighting. This will provide a
foundation that can be supplemented with shipboard drills and
familiarization to ensure mariners can safely and effectively use the
firefighting equipment aboard their vessels. A modified basic
firefighting course, supplemented by the familiarization requirements
in 46 CFR 15.405 and the training and drill requirements in 46 CFR
27.205 and 142.245, is sufficient to ensure that mariners serving on a
vessel carrying equipment that is not required to be aboard the vessel
would be able to use the equipment safely and effectively.
Duration of the Modified Basic Firefighting Course
Two commenters agreed that the modified basic firefighting course
should be 12 hours in length, or ``one full day.'' The Coast Guard
agrees the course duration should be 12 hours but notes that it will
not approve a course that provides 12 hours of training in a single
day. A 12-hour modified basic firefighting course will have to be given
over 2 days.
Three commenters stated that the modified basic firefighting course
should be 8 hours in duration. One commenter noted that a 12-hour
course would not be cost effective when travel
[[Page 67969]]
costs and availability of training providers is considered. One of the
commenters also stated that an 8-hour course would be adequate, as
crewmembers have participated in ongoing firefighting instruction and
drills throughout their careers.
The Coast Guard disagrees with the assessment that an 8-hour course
would be adequate. Eight hours is not sufficient to achieve the
intended level of competence. In reaching this determination, we
reviewed the curricula of several Coast Guard-approved basic
firefighting courses, as well as the current edition of the
International Maritime Organization's Model Course 1.20, Fire
Prevention and Fire Fighting. These courses are each 16 hours in
duration. We identified the time spent in these courses using equipment
that is not required to be carried on towing vessels operating on
inland waters or Western Rivers and determined that a course length of
approximately 12 hours was appropriate. In addition, we disagree the
duration can be shortened based on a subjective assumption that
trainees have participated in drills and instruction during their
careers. We do not consider drills to be equivalent to approved
training involving live fire and other scenarios that cannot be safely
conducted aboard a vessel.
Content of the Modified Basic Firefighting Course
Two commenters stated that the content of the firefighting course
should not include equipment that is not required on towing vessels
operating on inland waters and Western Rivers (for example, SCBAs and
fire suits). The commenters stated that the modified course should
focus on fire principles, basic firefighting strategies and tactics,
fire risks, use of portable and semi portable fire extinguishers, fire
communication-general alarms and detectors, handling and operating fire
pumps and hydrants, types and function of fixed firefighting systems,
and significant focus on managing a team for handling a fire emergency.
The Coast Guard agrees. The modified basic firefighting course will
not include training on equipment that is not required to be carried
aboard towing vessels operating on inland waters or Western Rivers. We
agree that the training should focus on the use of equipment that is
required to be carried, as well as the other factors cited by the
commenters.
Alternatives to a Coast Guard-Approved Course
Five commenters stated the Coast Guard should accept company
provided training and drills under 46 CFR subchapter M in lieu of
requiring completion of a Coast Guard-approved course. The commenters
noted this training would be included in, and audited under, the
company's safety management system (SMS).
The Coast Guard disagrees. The inclusion of a company provided
firefighting training in an SMS would not ensure an adequate review and
oversight of the required training. A Coast Guard-approved course for
firefighting will ensure the curriculum is reviewed by qualified
subject matter experts (SMEs) and follows sound and accepted training
methodology. Coast Guard-approved training also entails more focused
audits and oversight than if training were provided as a small part of
a much larger SMS.
In addition, it is common for mariners to work on different vessels
and for different companies. There is a need for the common
foundational training that a Coast Guard-approved course provides. A
company provided training may supplement, but not replace, approved
firefighting training.
Company Provided Courses
One commenter noted that companies should be able to assemble a
curriculum and submit it for approval of the course. This curriculum
may include in-house trainers or trainers from local fire departments
familiar with onboard firefighting tactics and equipment. The Coast
Guard agrees. A company may develop and obtain Coast Guard approval for
a course that employs facilities and staff from local fire departments.
The same commenter stated that a towing company should be able to
assemble a curriculum that meets the expectations, needs, and standards
for the course material and have that training curriculum audited as
part of their SMS. The Coast Guard agrees in part. We agree that
companies may develop their own course and obtain Coast Guard approval.
However, we disagree with the suggestion that this training could be
audited as part of the company's SMS. When reviewing training, an SMS
audit will generally review whether crew members have completed their
required training, not the content of the training or its efficacy.
Three commenters suggested that documentation of the appropriate
training by the company should be an acceptable proof of training, like
what is used to prove sea service ``letters of designation'' for those
who fuel towboats. The Coast Guard disagrees. The modified basic
firefighting course should be and audited by or on behalf of the Coast
Guard as specified in 46 CFR part 10, subpart D. The audit of approved
training will ensure that previously reviewed and approved curricula
are adhered to, and are consistent with, sound educational methodology
and accepted industry standards and practices.
Firefighting Response by Crews of Towing Vessels on Inland Waters and
Western Rivers
Two commenters noted that, unless an onboard fire is readily
containable, firefighting is left to trained emergency responders
instead of the crew. If a boat's crew uses a fire extinguisher and the
fire cannot be contained, they are instructed to get off the vessel
once safe harbor is reached.
The Coast Guard disagrees that this strategy is appropriate in all
fire emergencies. There may be situations where it is not safe or
feasible to secure and abandon the towing vessel awaiting response from
shore-based firefighters. The best first response is that provided by
the towing vessel's crew, under the direction of a trained officer. A
Coast Guard-approved modified basic firefighting course will increase
the likelihood that a towing vessel's crew can make an effective first
response and extinguish or contain a fire.
One commenter stated that many, if not most, towing vessels on
inland waters and Western Rivers are ``dinner bucket'' boats, and on
these vessels, only one officer is aboard, and that individual must
remain at the helm to control the vessel. In the event of a fire
emergency onboard, they must seek a safe harbor to secure the vessel so
that the crew can escape.
The Coast Guard disagrees that this is reason to not require
completion of a modified basic firefighting course. The national
officer endorsements of master of towing vessels, master of towing
vessels (limited), and mate (pilot) of towing vessels do not restrict a
mariner to working on a vessel day boat or ``dinner bucket'' boat that
only operates 12 hours per day, and a mariner must be appropriately
trained and qualified for all vessels their credential authorizes them
to serve upon. In addition, we do not agree that the only response for
a day boat or ``dinner bucket'' boat is to navigate the vessel to a
location where the crew can abandon the vessel and call shore-based
responders. Regardless of the crew size or the vessel's operating
schedule, having officers complete a
[[Page 67970]]
Coast Guard-approved modified basic firefighting course will increase
the likelihood that they can effectively respond in a fire emergency,
and can direct the vessel's crew to make an effective first response
and extinguish or contain a fire.
V. Discussion of the Rule
Amendments to 46 CFR 11.201(h), Firefighting Certificate
The Coast Guard is amending Sec. 11.201(h), which requires
mariners seeking national officer endorsements to present a certificate
of completion from a Coast Guard-approved firefighting course.
The Coast Guard amends paragraph (h)(1) by adding language stating
that the firefighting certificate of completion must be ``relevant to
the endorsement being sought.'' The Coast Guard is making this change
to ensure that mariners are required to provide evidence of completing
the appropriate firefighting training for the endorsement they are
applying for.
We are also making several changes to paragraph (h)(3), which
contains a list of national officer endorsements that require
completion of basic firefighting training in accordance with Regulation
VI/1 of the STCW Convention and Table A-VI/1-2 of the STCW Code. We
modify the start of paragraph (h)(3)(i) by adding ``all'' in front of
``officers'' to make it consistent with the terminology used in
paragraphs (h)(3)(ii) through (iv). We revise paragraph (h)(3)(ii) to
specify the requirements for officer endorsements for master or mate
(pilot) of towing vessels, except apprentice mate (steersman) of towing
vessels, for service on near-coastal waters. We add new paragraphs
(h)(3)(iii) and (h)(3)(iv) to list the specific waters covered by the
phrase, ``in all services except oceans.'' New paragraph (h)(3)(iii)
specifies the requirements for officer endorsements for master or mate
(pilot) of towing vessels, except apprentice mate (steersman) of towing
vessels, for service on the Great Lakes. New paragraph (h)(3)(iv)
specifies the requirements for officer endorsements for master or mate
(pilot) of towing vessels, except apprentice mate (steersman) of towing
vessels, for service on inland waters or Western Rivers.
Mariners seeking a national officer endorsement as master or mate
(pilot) of towing vessels authorized for service on near-coastal waters
or on the Great Lakes will still need to complete the basic
firefighting training referenced in paragraph (h)(3). A modified basic
firefighting course is not appropriate for mariners operating on towing
vessels on near-coastal waters or on the Great Lakes for two reasons:
(1) near-coastal waters and Great Lakes towing vessels may carry the
equipment omitted from a modified towing vessel firefighting course,
and (2) near-coastal waters and Great Lakes towing vessels operate
farther from the shore, where firefighting assistance is not as readily
available as it is on inland waters or Western Rivers.
New paragraph (h)(3)(iv)(A) provides mariners the option of
completing a modified basic firefighting course for a national officer
endorsement as master or mate (pilot) of towing vessels on inland
waters or Western Rivers. The course must be a Coast Guard-approved
modified basic firefighting course that does not include training on
equipment not required to be carried aboard towing vessels for service
on inland waters or Western Rivers. When approving a modified course,
the Coast Guard will consider the requirements of 46 CFR subchapter M,
parts 140 and 142, in determining the content to achieve proficiency in
firefighting consistent with the equipment available onboard towing
vessels on inland waters or Western Rivers. The Coast Guard anticipates
this modified basic firefighting course will have a total of 12 hours
of classroom and practical training instead of a total of 16 hours for
the basic firefighting course.
Currently, national officer endorsements for towing vessels serving
on the Great Lakes and inland waters are issued as one route. In new
paragraph (h)(3)(iv)(A), language is added to allow separation of these
routes so that a mariner who completes a modified basic firefighting
course could be issued an endorsement restricted to inland waters or
Western Rivers.
New paragraph (h)(3)(iv)(B) specifies that a mariner who qualifies
for an endorsement by completing a modified basic firefighting course
will be required to complete the basic firefighting course required in
paragraph (h)(3) for an increase in scope \12\ of the endorsement to
add a Great Lakes or near-coastal waters route. For an increase in
scope to add oceans routes, a mariner will need to complete both the
basic firefighting course required in paragraph (h)(3) and the advanced
firefighting course required in paragraph (h)(2).
---------------------------------------------------------------------------
\12\ Increase in scope means additional authority added to an
existing credential, such as adding a new route or increasing the
authorized horsepower or tonnage. (46 CFR 10.107).
---------------------------------------------------------------------------
Other Changes
In the NPRM, we proposed to change the 46 CFR part 11 authority
citation from 14 U.S.C. 503 to 14 U.S.C. 102(3). After publication of
the NPRM in the Federal Register, the Coast Guard determined it is
still appropriate to reference ``14 U.S.C. 503.'' Title 14 U.S.C. 503
states: ``the [DHS] Secretary may promulgate such regulations and
orders as he deems appropriate to carry out the provisions of this
title or any other law applicable to the Coast Guard.'' We are only
making one change to the authority citation for part 11 to refer to
change 3 to DHS Delegation number 00170.1.
Section 11.201(l) is revised to allow the Coast Guard to modify
training in addition to the service or examination requirements for an
endorsement. The change is needed in order to allow for the option of
the modified basic firefighting course for a national officer
endorsement as master or mate (pilot) of towing vessels on inland
waters or Western Rivers routes.
Additionally, we refined our amendatory instructions to the
regulatory text that we proposed in the NPRM.
VI. Regulatory Analyses
The Coast Guard received eight comment submissions during the 60-
day comment period that ended on November 1, 2021. We received one
public comment regarding the travel cost savings associated with the
12-hour modified basic firefighting course implemented by this final
rule which we did not analyze for the NPRM. We have since analyzed the
travel cost savings associated with the implementation of the 12-hour
course and revised the total estimated cost savings for this final
rule. Beyond this, the methodology employed in the regulatory analysis
is unchanged.
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.
[[Page 67971]]
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.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, OMB has not reviewed it. A regulatory
analysis (RA) follows.
As discussed earlier in the preamble, this rule provides applicants
for an MMC endorsement as master of towing vessels (limited) or mate
(pilot) of towing vessels on inland waters or Western Rivers routes the
option to take a modified basic firefighting course instead of the
basic firefighting course. Specifically, this firefighting course
eliminates training on firefighting equipment that is not required to
be carried on towing vessels operating on inland waters or Western
Rivers routes. Because the modified firefighting course is expected to
be shorter in duration and lower in cost than a basic firefighting
course, we anticipate eligible mariners will take the modified course.
We estimate that this rule will result in a 10-year net cost
savings of $1,301,133, or $185,252 annualized, in 2021 dollars,
discounted at 7 percent. The annualized cost savings for mariners is
approximately $189,869 in 2021 dollars, discounted at 7 percent. The
savings stem from reduced hours spent in training and reduced tuition
for firefighting training necessary for an endorsement as master
(limited) or mate (pilot) of towing vessels on inland waters or Western
Rivers routes.\13\
---------------------------------------------------------------------------
\13\ Operating on the Great Lakes is treated separately from
operating on inland waters or Western Rivers. Routes on the Great
Lakes would require the same firefighting training as near-coastal
routes.
---------------------------------------------------------------------------
We estimate that this rule will result in a one-time cost to
training providers to develop a modified basic firefighting course and
submit the course to the Coast Guard for approval. There will also be a
one-time cost to the Government resulting from Coast Guard employees
reviewing and approving these new courses. Under existing 46 CFR
10.402(d) and (f), there will be ongoing costs to both the training
providers and the Government every 5 years to renew the modified basic
firefighting course. We anticipate training providers that offer the
modified basic firefighting course to also continue to provide a basic
firefighting course, because these courses would serve additional
markets.
In the first year, we estimate the costs (in 2021 dollars) to
training providers will be $8,738, and the cost to the Government will
be $16,669. These costs will not recur after the first year, but there
will be ongoing costs for renewal of course approvals every 5 years,
resulting in costs to training providers of $1,047 and costs to the
Government of $11,981. The 10-year net cost savings will be $1,301,133,
or $185,252 annualized, in 2021 dollars, discounted at 7 percent. We do
not estimate that there will be any reduction in safety or benefits
between the current basic firefighting training and a modified
firefighting training, as the modified training would be better suited
for the equipment common to the relevant towing vessels. Table 1
summarizes these results. In the following subsections, we describe the
changes, the affected population, the potential costs, the potential
cost savings, and the qualitative benefits in further detail.
Table 1--Summary of the Rulemaking Impact
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability........................ Update title 46 CFR part 11 to
permit a modified basic
firefighting course for national
endorsements as master and mate
(pilot) of towing vessels on
inland waters or Western Rivers
routes.
Affected Population.................. An estimated 23 training
providers and 485 applicants for
master (limited) or mate (pilot)
towing vessels will take a
modified firefighting course to
qualify for their endorsement.
This is a one-time training
requirement for mariners.
Costs to Training Providers ($, 7% One-time costs: $8,738 (first
discount rate). year).
Recurring costs: $1,047 every 5
years.
Costs to the Government ($, 7% One-time costs: $16,669 (first
discount rate). year).
Recurring costs: $11,981 every 5
years.
Cost Savings for Applicants ($, 7% 10-year: $1,333,558.
discount rate). Annualized: $189,869.
Qualitative Benefits................. Firefighting courses that are
more tailored to the credential
endorsement.
------------------------------------------------------------------------
Changes From NPRM to Final Rule
In addition to population data updates that create small increases
in the cost savings reported in the final rule, the Coast Guard also
identified previously unrealized cost savings in the NPRM that are now
being realized in the final rule. We derive our newly realized cost
savings from an analysis of travel costs associated with the 12-hour
modified basic firefighting course. One commenter to the NPRM believes
that a 12-hour course would not be cost effective when travel costs are
considered. In an examination of travel cost savings, we determined
that the 12-hour course established by this rule will also create
travel cost savings that were previously unrealized in the NPRM. See
Appendix A: Analysis of Cost Savings Associated with Public Comment
Alternatives (section 3.2, 3.3, and 3.4) in the docket for a detailed
analysis of these additional cost savings, as well as an examination of
the cost savings associated with an 8-hour modified course as proposed
by public commenters.
Furthermore, the Coast Guard is delaying the effective date of the
final rule by 180 days to allow time for training providers to develop,
and the Coast Guard to approve, the new modified basic firefighting
course. Table 2 summarizes this and other changes from the NPRM to the
final rule.
[[Page 67972]]
Table 2--Summary of Changes From NPRM to Final Rule
----------------------------------------------------------------------------------------------------------------
Element of the analysis NPRM Final rule Resulting change in RA
----------------------------------------------------------------------------------------------------------------
Master (Limited) and Mate (Pilot) Calculated 440 inland Calculated 485 inland This increase in number
Applicant Data. and Western Rivers and Western Rivers of affected applicants
master (limited) and master (limited) and will lead to increased
mate (pilot) mate (pilot) total and annualized
applicants on average applicants on average cost savings.
from 2016-2019 data. from updated 2016-2019
data \14\.
Inland Waters and Western Rivers 1,265 total towing 5,013 total towing This does not create a
Towing Vessel Data. vessels. 900 of 1,265 vessels. 3,552 of change in the number
towing vessels 5,013 towing vessels of affected master
operating on the Great operating on the Great (limited) and mate
Lakes, inland waters, Lakes, inland waters, (pilot) applicants
or Western Rivers. 5 or Western Rivers. 5 each year due to a
percent, or 45 percent, or 169 consistent percentage
vessels, listed as vessels, listed as of inland waters and
operating on the Great operating on the Great Western Rivers towing
Lakes, meaning 95 Lakes, meaning 95 vessels from the total
percent, or 855 percent, or 3,383 population.
vessels, employ vessels, employ
mariners eligible to mariners eligible to
take the modified take the modified
basic firefighting basic firefighting
course. course \15\.
Cost Savings Associated with a 12- Cost savings resulting Cost savings resulting We report additional
hour Modified Basic Firefighting from reduced tuition from reduced tuition, annualized
Training Course. and course time. course time, and a undiscounted cost
reduction in travel savings by including
expenses for previously unrealized
applicants driving to cost savings for
and lodging near a applicants who would
training provider. drive and lodge near a
training provider.\16\
Delayed Effective Date of Rule....... No delay in effective Effective date of rule This change does not
date of rule. delayed by 180 days to impact our cost
allow time for savings estimates. In
training providers to this final rule, we
develop and Coast are delaying the rule
Guard to approve new by 180 days to help
modified basic accommodate the time
firefighting courses. needed to develop and
approve the courses,
but we do not
anticipate courses
will be readily
available for the
affected population of
mariners within the
first year of
analysis, which is
consistent with our
assumption in the
NPRM.
----------------------------------------------------------------------------------------------------------------
Description of Regulatory Changes
This rule results in two changes that have potential costs and
potential cost savings. First, training providers will have the
opportunity to develop a modified firefighting course and submit the
course to the Coast Guard for approval. Consequently, this rule will
initially result in costs to training providers for developing the
course, and to the Federal Government for reviewing and approving the
modified basic firefighting course. Second, applicants will likely
experience cost savings by taking a shorter and less costly modified
basic firefighting course rather than the longer basic firefighting
course.
---------------------------------------------------------------------------
\14\ This increase in the number of inland waters and Western
Rivers master (limited) and mate (pilot) applicants was caused by
historical data changes within the Merchant Mariner Licensing and
Documentation (MMLD) database. These changes are often attributed to
an issued credential being postdated, or a credential being
withdrawn or voided. Such changes cause credentials to be included
or not included in historical counts, leading to variations in data
when being examined at different times.
\15\ On June 20, 2016, the Coast Guard published the
``Inspection of Towing Vessels'' final rule. (81 FR 40003) That rule
had an effective date of July 20, 2016. See https://www.federalregister.gov/documents/2016/06/20/2016-12857/inspection-of-towing-vessels. This final rule document was last accessed on
April 24, 2023. The rule required towing vessels to be inspected
under subchapter M and gave a 5-year implementation period. When we
obtained data on inspected towing vessels for the NPRM, many of the
towing vessels were not inspected. Now almost all towing vessels are
inspected, making our 1,265 total inspected towing vessels from the
NPRM an underestimate. We are now including the full population of
inspected subchapter M vessels.
\16\ See Appendix A for a detailed analysis of the cost savings
from reduced travel expenses associated with the 12-hour modified
basic firefighting course.
---------------------------------------------------------------------------
Table 3 lists and describes the changes to 46 CFR part 11, subpart
B. The changes contain costs and cost savings, as described above. Text
that has been added is italicized, and text that has been deleted is
stricken through.
Table 3--Summary of Changes to 46 CFR Part 11 Subpart B and Impacts
----------------------------------------------------------------------------------------------------------------
Changes in regulatory
Section text Description of change Impact
----------------------------------------------------------------------------------------------------------------
11.201(h)(1)....................... Applicants for an This editorial change This editorial change
original officer makes it clear that the will not have any
endorsement in the required firefighting substantive impact and
following categories training should be therefore will not
must present a based on the operating impose any costs or
certificate of route of the cost savings.
completion from a endorsement sought.
firefighting course of
instruction relevant to
the endorsement being
sought that has been
approved by the Coast
Guard. The firefighting
course must have been
completed within the
past 5 years, or if it
was completed more than
5 years before the date
of application, the
applicant must provide
evidence of maintaining
the standard of
competence in
accordance with the
firefighting
requirements for the
credential sought.
11.201(h)(2)(i).................... All national officer This editorial change This editorial change
endorsements as master makes the text easier will not have any
or mate on seagoing to read and makes it substantive impact and
vessels of 200 gross consistent with other therefore will not
register tons (GRT) or lines in this section. impose any costs or
more. cost savings.
11.201(h)(3)(i).................... All officer endorsements This editorial change This editorial change
as master on vessels of makes the text easier will not have any
less than 500 gross to read and makes it substantive impact and
tonnage (GT) in ocean consistent with other therefore will not
service. lines in this section. impose any costs or
cost savings.
[[Page 67973]]
11.201(h)(3)(ii)................... All officer endorsements This editorial change This editorial change
for master or mate makes it clear that will not have any
(pilot) of towing applicants for master substantive impact
vessels for service on or mate (pilot) of because these
near-coastal waters, towing vessel applicants were
except apprentice mate endorsements on near- already required to
(steersman) of towing coastal waters must take a basic
vessels. take a basic firefighting course.
firefighting course.
11.201(h)(3)(iii).................. (iii) All officer This editorial change This editorial change
endorsements for master makes it clear that will not have any
or mate (pilot) of applicants for master substantive impact
towing vessels for or mate (pilot) of because these
service on Great Lakes, towing vessel applicants were
except apprentice mate endorsements on Great already required to
(steersman) of towing Lakes must take a basic take a basic
vessels. firefighting course. firefighting course.
11.201(h)(3)(iv)................... (iv) All officer This editorial change This editorial change
endorsements as master makes it clear that will not have any
or mate (pilot) of applicants for master substantive impact
towing vessels for or mate (pilot) of because these
service on inland towing vessel applicants were
waters or Western endorsements on inland already required to
Rivers, except waters or Western take a basic
apprentice mate Rivers routes must take firefighting course.
(steersman) of towing a basic firefighting
vessels. course.
11.201(h)(3)(iv)(A)................ (A) The Coast Guard will These changes permit This will lead to costs
accept a Coast Guard- master or mate (pilot) and costs savings.
approved modified basic applicants operating Costs result from
firefighting course, exclusively on inland training providers
which is the basic waters or Western developing a modified
firefighting training Rivers routes, other firefighting course
described in paragraph than the Great Lakes, and submitting the
(h)(3) of this section to take a modified course to the Coast
modified to only cover basic inland waters and Guard for approval,
the equipment, fire Western Rivers towing which will cost an
prevention procedures, vessel firefighting estimated $8,738 to
and firefighting course as opposed to the training providers
operations required on basic firefighting and an estimated
towing vessels on course when they apply $16,669 to the
inland waters or for endorsements on government for review
Western Rivers routes inland waters or and approval of the
required in 46 CFR Western Rivers. course in the first
parts 140 and 142. A year. Training
mariner who completes providers will need to
this modified course seek a renewal of
will be issued an their course approval
endorsement that is in year 6, resulting
restricted to inland in $1,047 in costs to
waters or Western training providers and
Rivers. $11,981 in costs to
the Coast Guard.
Estimated cost savings
will come from
applicants for towing
vessel master
(limited) or mate
(pilot) endorsements
spending fewer hours
in training and less
money on tuition and
travel, resulting in
an estimated $189,869
in annual cost savings
discounted at 7% in
2021 dollars.
11.201(h)(3)(iv)(B)................ (B) To increase in scope This change is a While this new clause
to Great Lakes, near- rewording of existing is a restatement of
coastal or oceans, the Sec. 11.201(h)(4) to the requirements
applicant will be make the text of Sec. currently existing in
required to complete 11.201(h) easier to Sec. 11.201(h)(4),
the firefighting course read. there could be a cost
appropriate to the impact because
route sought. mariners could apply
for an endorsement for
inland waters or
Western Rivers with a
modified basic inland
waters and Western
Rivers towing vessel
firefighting course
approved under
11.201(h)(3)(iv)(A),
and later request an
increase in scope to
Great Lakes requiring
the mariner to
complete a basic
firefighting course.
Because the mariner
would need to take the
basic firefighting
course, they would
spend approximately
$552.54 on the tuition
for the course.
Additionally, they
would spend 16 hours
taking the course, and
the travel time to get
to and from the
course. However, the
Coast Guard cannot
forecast who would
seek an increase in
scope or how
frequently this would
occur.\17\
11.201(l).......................... (l) Restrictions. The The addition of the word Without the addition of
Coast Guard may modify ``training'' in this the word ``training'',
the service, training, paragraph allows the the Coast Guard will
and examination Coast Guard to modify not be able to modify
requirements in this the training training requirements
part to satisfy the requirements based on for specific groups of
unique qualification the unique mariners based on
requirements of an qualification their unique
applicant or distinct requirements of a group qualifications, and
group of mariners. The of mariners, which we the cost savings will
Coast Guard may also have not previously not be attainable. The
lower the age done. addition also permits
requirement for OUPV the Coast Guard, in
applicants. The the future, to modify
authority granted by an training requirements
officer endorsement for other specific
will be restricted to groups of mariners. We
reflect any do not intend to
modifications made modify other training
under the authority of requirements at this
this paragraph. time. As such, we do
not estimate any costs
or cost savings from
this change.
----------------------------------------------------------------------------------------------------------------
Affected Population
---------------------------------------------------------------------------
\17\ Coast Guard does not have data to forecast the number of
mariners who will seek an increase in scope in the future.
Additionally, we did not receive any additional information from the
public comments that would aid in our ability to forecast.
---------------------------------------------------------------------------
This rule has two affected populations: (1) training providers who
would offer a modified basic firefighting course; and (2) applicants
for MMC endorsements as a master of towing vessels (limited) or mate
(pilot) of towing vessels on inland waters or Western Rivers routes. We
first estimate the number of training providers who may submit a
modified basic firefighting course to the Coast Guard for approval, and
then estimate the number of applicants who may apply for an
[[Page 67974]]
endorsement as master of towing vessels (limited) or mate (pilot) of
towing vessels operating on inland waters or Western Rivers.
The Coast Guard does not know how many training providers will
request approval for a modified basic firefighting course. However,
since this course will be a modified form of the basic firefighting
course, we assume that only training providers who already teach a
basic firefighting course will take advantage of the opportunity
provided by this proposal. Currently, there are 91 training providers
approved to offer a basic firefighting course.\18\ Historically, the
number of training providers does not significantly change on an annual
basis. Therefore, we expect that the training providers who will offer
a modified firefighting course will be from these 91 training
providers.
---------------------------------------------------------------------------
\18\ https://www.dco.uscg.mil/Portals/9/NMC/pdfs/courses/courses.pdf lists all courses approved by the Coast Guard. There are
91 training providers approved to offer basic firefighting courses.
---------------------------------------------------------------------------
An SME from the Coast Guard's Office of Merchant Mariner
Credentialing (CG-MMC) with extensive experience, involving regular
contact with maritime training providers and towing vessel operating
companies, reviewed publicly available materials from these 91
providers and rated each on how likely they would be to request
approval of a modified basic firefighting course. The SME considered
the types of courses offered by each provider, their facilities,
geographic location(s), and the segment of the industry their clientele
work in. The SME then rated each training provider as either 0 percent,
25 percent, 50 percent, 75 percent, or 100 percent likely to request
approval of a modified basic firefighting course. Across the 91
training providers with an approved basic firefighting course, 56 of
them were rated as having no likelihood of requesting approval to offer
a modified firefighting course because the SME's review indicated that
they are unlikely to serve the inland towing population. Among the
remaining 35 providers, the SME estimated that the average likelihood
to request approval and offer a modified basic firefighting course
would be 65 percent. Multiplying 35 by 65 percent yields 23, rounded,
or our estimate for the number of training providers likely to offer a
modified firefighting course.
Applicants for a national officer endorsement as master of towing
vessels (limited) or mate (pilot) of towing vessels on inland water or
Western Rivers who take a modified course will realize a cost savings
by taking a shorter, less expensive firefighting course. As discussed
in Section IV, Background, of the published NPRM associated with this
final rule,\19\ the Coast Guard issued a final rule in 2013 requiring
mariners seeking national officer endorsements as master or mate
(pilot) of towing vessels on routes other than oceans to complete a
Coast Guard-approved basic firefighting course.\20\ Prior to the 2013
final rule, only masters and mates (pilots) of towing vessels serving
on an ocean route were required to complete firefighting training.
---------------------------------------------------------------------------
\19\ See Section IV, Background, of the NPRM titled, ``Towing
Vessel Firefighting Training'' (86 FR 48925, September 1, 2021. To
view the NPRM, go to www.regulations.gov, type USCG 2020-0492 in the
search box, and click ``Search.'' Next click on the ``Browse
Documents'' tab. Then, click on proposed rule document. This website
was last accessed on April 6, 2023.
\20\ See final rule titled, ``Implementation of the Amendments
to the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, and Changes to
National Endorsements'' (78 FR 77796, December 24, 2013).
---------------------------------------------------------------------------
Grandfathered Population
This rule will affect applicants for endorsements of inland master
of towing vessels (limited) if they do not have a prior endorsement as
a mate (pilot) that required a firefighting course. The 2013 final rule
established grandfathering provisions for which the Coast Guard
provided guidance in Navigation and Vessel Inspection Circular (NVIC)
03-16, titled ``Guidelines for Credentialing Officers of Towing
Vessels.'' \21\ As described in Enclosure 10 of NVIC 03-16, the Coast
Guard grandfathered mariners applying for an original MMC endorsed as
master or mate (pilot) of towing vessels on non-oceans routes who began
sea service prior to March 24, 2014 and submitted an application prior
to March 24, 2019. The grandfathering provisions established that
applicants for original master or mate (pilot) endorsements on non-
oceans routes prior to March 24, 2019, were not required to take a
firefighting course.\22\
---------------------------------------------------------------------------
\21\ Current Coast Guard NVICs can be found at: https://www.dco.uscg.mil/Our-Organization/NVIC/Year/2010/. (On this site
``click on ``NVIC 03-16.'' This website was last accessed on April
24, 2023.) NVIC 03-16 was updated in September 2020, and the
discussion about grandfathering was removed because the
grandfathering period had expired. The original NVIC was published
June 23, 2016, and can be found here: https://www.regulations.gov/document/USCG-2016-0611-0001. This website was last accessed on
April 24, 2023.
\22\ Coast Guard SMEs estimate that nearly all master or mate
(pilot) applicants would have begun sea service prior to March 24,
2014.
---------------------------------------------------------------------------
Mariners raising the grade of their MMC endorsement from mate
(pilot) to master of towing vessels were also grandfathered in under
NVIC 03-16 and were not required to take a firefighting course. As a
result of the grandfathering provisions, this rule will be applicable
to new applicants for master of towing vessels (limited) or mate
(pilot) of towing vessels endorsements.
In order to qualify for an MMC endorsement as master of towing
vessels, other than master of towing vessels (limited), an applicant
must have prior sea service experience as either a mate (pilot) of
towing vessels or a master of vessels greater than 200 GRT. Holding the
endorsement authorizing service in either of these capacities would
have required the applicant to either take a firefighting course or be
grandfathered in under NVIC 03-16. As a result, this rule does not
impact applicants for an endorsement as master of towing vessels other
than master of towing vessels (limited).
Masters of towing vessels (limited) do not require prior sea
service as a master or mate of vessels greater than 200 GRT. Therefore,
this rule will affect applicants for endorsements of inland master of
towing vessels (limited) if they do not have a prior endorsement as a
mate (pilot) that required a firefighting course. Two towing vessel
endorsement applicant groups are thus affected by this rule: (1) mate
(pilot) of towing vessels, and (2) master of towing vessels (limited)
with no prior endorsement as a mate (pilot).
Affected Population of New Applicants
The Coast Guard's National Maritime Center (NMC) issues MMCs to
applicants who meet the regulatory requirements for endorsements
described in 46 CFR parts 11, 12, and 13. Applicants for endorsements
as master and mate (pilot) of towing vessels may be endorsed to operate
on oceans, near coastal, Great Lakes and inland waters, or Western
Rivers routes.
The MMLD database is used by the NMC to issue MMCs and maintain
records of U.S. merchant mariners. Data was obtained from the MMLD, for
the period between 2015-2022, on each issuance of an original master or
mate (pilot) of towing vessel endorsement, including when the
endorsement was issued, and the authorized routes of operation. We
excluded applicants for Great Lakes, near-coastal, or oceans routes,
because applicants for endorsements on those routes are required to
complete basic firefighting and will not be affected by the rule.
Currently, Great Lakes and inland waters are issued as one route for
towing vessel endorsements. With this rule, language is added to allow
the separation of these two routes so that a mariner who completes the
modified
[[Page 67975]]
basic firefighting course could be issued an endorsement valid for
inland waters or Western Rivers. Because towing vessel endorsements are
currently issued for Great Lakes and inland routes, the Coast Guard
cannot directly estimate from the MMLD data the number of masters and
mates (pilots) of towing vessels operating exclusively on inland
waters. However, we can estimate the number of towing vessels that
operate on these waters based on data from towing vessel inspection
records.
As of 2023, 5,013 towing vessels have been inspected under 46 CFR
subchapter M.\23\ When vessels are inspected, they must declare their
operating route, which may include the Great Lakes, inland waters and
Western Rivers.
---------------------------------------------------------------------------
\23\ These data were retrieved from the Coast Guard's Marine
Information for Safety and Law Enforcement (MISLE) database in
February 2023. Title 46 CFR subchapter M requires all towing vessels
greater than 26 feet and those that transport hazardous materials to
be inspected.
---------------------------------------------------------------------------
In order to isolate the vessels operating on the Great Lakes, we
first reviewed the number of vessels that operate on the Great Lakes,
inland waters, or Western Rivers, and then examined the number of
vessels that list the Great Lakes as at least one of their routes.
Specifically, out of the 5,013 total towing vessels inspected under 46
CFR subchapter M, 3,552 are recorded as one or more of the following
routes: Great Lakes, inland waters, or Western Rivers. Of the 3,552
vessels, 169, or 5 percent, rounded (169 / 3,552 = 0.048), include the
Great Lakes as one of their listed routes and, therefore, will require
basic firefighting training, since they may operate on the Great Lakes.
The remaining 95 percent, or 3,383 vessels, do not include the Great
Lakes as one of their listed routes and, therefore, mariners serving on
these vessels are eligible to take the modified basic firefighting
course.
Table 4 shows the number of endorsements issued from 2016-2019 for
master of towing vessels (limited) and mate (pilot) of towing vessels,
respectively, endorsed to operate on the Great Lakes, inland waters, or
Western Rivers routes.\24\ While we have data on the number of
endorsements issued in 2020 and 2021, we intentionally exclude 2020 and
2021 when calculating the average number of master (limited) and mate
(pilot) towing vessel endorsements each year because of the impact of
the COVID-19 pandemic on all facets of the U.S. economy. Therefore, we
do not believe the number of endorsements issued in 2020 and 2021
represents a typical year, and many individuals who might ordinarily
have pursued an endorsement did not because of the general slowdown in
business associated with the pandemic. On average, between 2016 and
2019, the Coast Guard issued 16 master of towing vessels (limited) and
495 mate (pilot) of towing vessels endorsements per year, for a total
of 511 new endorsements per year on Great Lakes, inland waters, and/or
Western Rivers routes.
---------------------------------------------------------------------------
\24\ Endorsement data for 2022 are currently incomplete;
therefore, they are not included in our analysis.
Table 4--Estimated Number of New Great Lakes, Western Rivers, and/or
Inland Waters Mate (Pilot) and Masters (Limited) Endorsements Issued per
Year * \25\
------------------------------------------------------------------------
Master
(limited)
Year Mate (pilot) with no mate
applicants (pilot)
endorsement
------------------------------------------------------------------------
2016.................................... 615 19
2017.................................... 530 17
2018.................................... 423 15
2019.................................... 410 11
Average................................. 495 16
------------------------------------------------------------------------
* Numbers may not add due to rounding.
As seen in table 4, the number of individuals applying for an
endorsement as mate (pilot) of towing vessels has been declining. The
Coast Guard does not know specifically why fewer individuals have
applied for an endorsement as mate (pilot) of towing vessels. It may be
associated with grandfathering provisions provided in the 2013 final
rule, which established grandfathering provisions for master and mate
(pilot) of towing vessels. The 2013 final rule could have caused
applicants for master of towing vessels (limited) and mate (pilot) of
towing vessels endorsements to seek an MMC earlier than they may have
otherwise, in order to be grandfathered under the existing regulations.
Additionally, the introduction of subchapter M in 2016 may have led to
a contraction in the industry. In either case, the Coast Guard believes
that the current decline has been more severe than fundamentals would
suggest, and, carrying forward, we expect the number of applicants to
level off. The Coast Guard therefore utilized the 4-year average of the
number of new towing vessel mate (pilot) applicants, or 495, and the 4-
year average of the number of master (limited), or 16, to estimate that
511 mariners apply to the Coast Guard for endorsements to operate on
the Great Lakes, Western Rivers, or inland waters each year.
---------------------------------------------------------------------------
\25\ Please see footnote 14 for more information about the why
the numbers of inland waters and Western Rivers master (limited) and
mate (pilot) applicants have increased from the NPRM.
---------------------------------------------------------------------------
Applying the percentage of vessels that do not operate on the Great
Lakes (95 percent) to the estimated 511 annual new endorsements yields
an estimated 485 new endorsements as mate (pilot) of towing vessels or
master of towing vessels (limited) operating in inland waters or
Western Rivers per year, rounded (511 x 0.95 = 485).
Costs
The modified basic firefighting course for towing vessels on inland
waters and Western Rivers will be a modified version of the basic
firefighting course. Mariners are required to take a basic firefighting
course, and this final rule permits some mariners to take the modified
basic firefighting course in lieu of the basic firefighting course. As
such, this rule presents no additional costs to mariners who will
continue to operate on inland waters and Western Rivers.
Before mariners could save hours spent in training and tuition for
a basic firefighting course, by taking a modified
[[Page 67976]]
basic firefighting course, training providers will first need to obtain
Coast Guard approval for the modified basic firefighting course.
training providers submit course approval requests to the NMC in
accordance with the requirements of 46 CFR, part 10, subpart D. The NMC
then evaluates the course to ensure the content demonstrates
comprehensive coverage of the firefighting knowledge and competency
requirements of the training. If the course submission does not require
edits or revisions, and is approved as submitted, the Coast Guard
estimates that it would take a training specialist at a training
provider 6 hours to develop and submit a request for course approval of
a modified basic firefighting course.\26\
---------------------------------------------------------------------------
\26\ Information provided by an SME from the Coast Guard's NMC.
---------------------------------------------------------------------------
We used the Bureau of Labor Statistics' (BLS) Occupational
Employment Statistics National-Industry-Specific Occupational
Employment and Wage Estimates for May 2021 ``Training and Development
Specialists'' category to estimate the wages for the employees who
would prepare and submit the course for Coast Guard approval, as these
employees ``design and conduct training and development programs to
improve individual and organization performance.'' \27\ The BLS
estimates a training and development specialist's mean hourly wages at
$32.51. We apply a load factor to account for non-wage compensation and
benefits, resulting in a fully loaded hourly wage of $45.51.\28\
---------------------------------------------------------------------------
\27\ https://www.bls.gov/oes/2021/may/oes131151.htm. This
website was accessed on April 24, 2023.
\28\ Data on the employer cost of compensation was sourced from
the ``Employer Costs for Employee Compensation'' one screen data
search. We searched for both the total compensation and the wages
and salaries of private industry workers in the ``Educational
Services Industry'' yielding BLS series CMU2016100000000D for total
compensation and series CMU2026100000000D for wages. To derive the
cost of compensation per hour worked, the Coast Guard first took the
average of the four quarters of total compensation or $49.86 and the
average of the four quarters of wages and salaries of $36.01,
rounded. We then divided the total compensation amount of $49.86 by
the wage and salary amount of $36.01 to obtain the load factor of
about 1.4 for ``Educational Services'' occupations, rounded (49.86
divided by 36.01 equals 1.4, rounded). To load the wage, the Coast
Guard multiplied the estimated hourly wage of $32.51 by the loaded
wage factor of 1.4 yielding $45.51, rounded, which accounts for the
total cost of compensation per hour of work (32.51 multiplied by 1.4
equals 45.51).
---------------------------------------------------------------------------
If the submission does not require a request for additional
information to supplement the course approval request, the Coast Guard
estimates that a federal government employee, at a grade level of a
General Schedule (GS)-7, will require 1 hour to process the receipt of
the course approval submission. One federal employee, at a grade level
of a GS-13, will spend 4 hours evaluating the course approval request;
another federal employee, at a grade level of GS-13, will spend 0.5
hours reviewing the course; and a fourth federal employee, also at a
grade level of GS-13, will spend 0.5 hours conducting a final review of
the course. In total, the Coast Guard will spend 1 hour of GS-7 time
and 5 hours of GS-13 time per course approval request if the submission
does not require a request for additional information to supplement the
course approval request.
The impacted employees work in the Washington-Baltimore-Arlington,
DC-MD-VA-WV-PA, area. The Office of Personnel Management (OPM) lists
the hourly pay for federal employees in the Washington, DC area
according to the Washington, DC GS pay tables.\29\ We estimate that the
impacted employees will, on average, be at a step 5 pay, because that
is the midpoint of the pay band. The OPM records the hourly pay of GS-
7, step 5 employees as $26.69, and records the hourly pay of GS-13,
step 5 employees as $56.31. These wages are not fully loaded, meaning
they do not account for associated benefits.
---------------------------------------------------------------------------
\29\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/21Tables/html/DCB_h.aspx. This website
was last accessed on April 24, 2023.
---------------------------------------------------------------------------
To account for the value of benefits to government employees, we
first calculate the share of total compensation of federal employees
accounted for by wages. The Congressional Budget Office (2017) reports
total compensation to federal employees as $64.80 per hour and wages as
$38.30.\30\ This implies that total compensation is 1.69 times the
average wages ($64.80 / $38.30 = 1.69). We can, therefore, calculate
the fully loaded wage rate for the GS-7 and GS-13 hourly wage rates by
multiplying by 1.69, yielding $45.11 and $95.16, respectively.
---------------------------------------------------------------------------
\30\ Congressional Budget Office (2017), ``Comparing the
Compensation of Federal and Private-Sector Employees, 2011 to
2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf. This document was last accessed
on April 24, 2023.
---------------------------------------------------------------------------
All 23 training providers that may offer a modified basic
firefighting course must submit a course approval request to the Coast
Guard for evaluation. We estimate the costs of this initial submission
to industry and the Coast Guard as shown in table 5.
Table 5--Costs Due to Initial Course Approval Applications
----------------------------------------------------------------------------------------------------------------
Number of
Employee type Fully loaded training Hours Total cost
wage providers
[A] [B] [C] [A * B * C]
----------------------------------------------------------------------------------------------------------------
Training Provider Cost....... Training 45.51 23 6 $6,280
Specialist.
Government Cost.............. GS-7............ 45.11 23 1 1,038
Government Cost.............. GS-13........... 95.16 23 5 10,943
----------------------------------------------------------------
Total Government Cost.... ................ ............... .............. .............. 11,981
----------------------------------------------------------------
Total Cost........... ................ ............... .............. .............. 18,261
----------------------------------------------------------------------------------------------------------------
It is common for training providers to submit insufficient
supporting information with a course approval request to the Coast
Guard. When this occurs, the Coast Guard requests additional
information from the training provider. We reviewed NMC data on new
course approval submissions over 5 years (2018-2022) to determine how
likely it is for a training provider to submit a course approval
request without the Coast Guard requesting additional information. We
reviewed NMC data on the total number of course approval applications
received and the number of course approval applications that require
additional information such as edits and revisions (see table 6). We
[[Page 67977]]
estimate that training providers provide incomplete information in
their application packet 38 percent of the time.
Table 6--Course Approval Requests Received With Insufficient Information
----------------------------------------------------------------------------------------------------------------
Course approval requests Percent of course approval
Year Course approval received with insufficient requests with insufficient
requests received information information
[A] [B] [B / A]
----------------------------------------------------------------------------------------------------------------
2018........................... 944 362 38
2019........................... 768 335 44
2020........................... 699 199 28
2021........................... 751 182 24
2022........................... 655 362 55
--------------------------------------------------------------------------------
Total...................... 3,817 1,440 38
----------------------------------------------------------------------------------------------------------------
When training providers submit a course approval request with
incomplete information, the Coast Guard will request that the training
providers revise their course request and resubmit. The Coast Guard
estimates that both the training provider and the Coast Guard will
spend an equal number of hours on each resubmittal as they would on the
initial submission. In other words, the training provider will spend 6
hours on an initial approval request and 6 hours on the resubmittal,
for 12 hours total, and the Coast Guard will spend 1 GS-7 hour and 5
GS-13 hours on the initial request, and 1 GS-7 hour and 5 GS-13 hours
on the resubmittal, for 2 GS-7 hours and 10 GS-13 hours total.\31\
---------------------------------------------------------------------------
\31\ Information provided by an SME from the Coast Guard's NMC.
---------------------------------------------------------------------------
Thus, the Coast Guard estimates that 38 percent of the training
providers, or 9 training providers (23 x 0.38 = 9), will submit the
request for course approval with incomplete information, requiring a
second submission taking 6 hours to prepare for submission to the Coast
Guard. Similarly, the Federal Government will spend an additional 1
hour at grade level GS-7 and 5 hours at grade level GS-13 to review the
information resubmitted for the course approval request. We estimate
the costs of modified firefighting course approvals resubmissions as
shown in table 7.
Table 7--Summary of Resubmission Costs for Modified Firefighting Training Courses
----------------------------------------------------------------------------------------------------------------
Number of
Employee type Hourly burdened training Average hours Total cost \32\
wage providers
[A] [B] [C] [A * B * C]
----------------------------------------------------------------------------------------------------------------
Training Provider Cost....... Training $45.51 9 6 $2,458
Specialist.
Government Cost.............. GS-7........... 45.11 9 1 406
Government Cost.............. GS-13.......... 95.16 9 5 4,282
-----------------------------------------------------------------
Total Government Cost.... ............... ............... .............. .............. 4,688
-----------------------------------------------------------------
Total Cost........... ............... ............... .............. .............. $7,146
----------------------------------------------------------------------------------------------------------------
We estimate the total costs to training providers from initial
applications and any resubmissions to be approximately $8,738 ($6,280 +
$2,458), and the total costs to government to be approximately $16,669
($11,981 + $4,688). Together, we estimate the one-time costs of
evaluating approval requests for the modified basic firefighting
courses to be $8,738 + $16,669, or $25,407 during the first year of
implementation.
---------------------------------------------------------------------------
\32\ Numbers may not add due to rounding.
---------------------------------------------------------------------------
As discussed above, Coast Guard course approvals are valid for 5
years, and training providers must seek a renewal every 5 years to
continue to offer the course. This course renewal will include a
submission similar to that initially provided to and approved by the
Coast Guard. Since the Coast Guard will have previously reviewed and
approved the course submission, the Coast Guard estimates that it would
take training providers less time to prepare all materials for the
Coast Guard. Specifically, we estimate that the same training
specialist who spent 6 hours on an initial course approval request will
spend 1 hour on a renewal request, and the renewal request will be
submitted without any revisions.\33\ We further estimate that all 23
providers will submit a request for renewal of a course approval,
because, based on a review of previous course approval renewals, we do
not expect a turnover in training providers. The Coast Guard, however,
will spend the same amount of time reviewing the renewal requests as it
spent with the initial approval request to ensure that the course still
meets regulatory requirements, or 1 hour of GS-7 time and 5 hours of
GS-13 time.
---------------------------------------------------------------------------
\33\ According to SMEs from the Coast Guard's Office of Merchant
Mariner Credentialing.
---------------------------------------------------------------------------
These costs will occur 5 years after each approval, or in year 6.
We estimate the course renewal costs as shown in table 8. The 10-year
distribution of undiscounted and discounted costs from both the initial
and renewal requests are recorded in table 9.
[[Page 67978]]
Table 8--Course Renewal Submission Cost
----------------------------------------------------------------------------------------------------------------
Number of
Employee type Burdened wage training Hours Total cost
providers
[A] [B] [C] [A * B * C]
----------------------------------------------------------------------------------------------------------------
Training Provider Cost....... Training 45.51 23 1 $1,047
Specialist.
Government Cost.............. GS-7............ 45.11 23 1 1,038
Government Cost.............. GS-13........... 95.16 23 5 10,943
----------------------------------------------------------------
Total Government Cost.... ................ ............... .............. .............. 11,981
----------------------------------------------------------------
Total Cost........... ................ ............... .............. .............. 13,028
----------------------------------------------------------------------------------------------------------------
Table 9--Discounted Costs Over a 10-Year Period of Analysis in 2021 Dollars Discounted at 7% and 3%
----------------------------------------------------------------------------------------------------------------
Discounted costs
Year Undiscounted -------------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... $25,407 $23,745 $24,667
2............................................................... 0 0 0
3............................................................... 0 0 0
4............................................................... 0 0 0
5............................................................... 0 0 0
6............................................................... 13,028 8,681 10,911
7............................................................... 0 0 0
8............................................................... 0 0 0
9............................................................... 0 0 0
10.............................................................. 0 0 0
-----------------------------------------------
Total....................................................... 38,435 32,426 35,577
-----------------------------------------------
Annualized.............................................. .............. 4,617 4,171
----------------------------------------------------------------------------------------------------------------
Benefits
The primary benefits of the rule come from the cost savings to
mariners in terms of reduced time spent in training and in reduced
tuition. The modified course content will eliminate the requirement for
training using certain firefighting equipment that is not required to
be carried on towing vessels operating on inland waters or Western
Rivers. Therefore, the modified basic firefighting course will be
shorter, and likely less expensive, than the basic firefighting course.
Thus, a mariner will likely prefer to take a modified basic
firefighting course instead of a basic firefighting course. Some
mariners may prefer to take the basic firefighting course if they are
considering the possibility of working on the Great Lakes, near coastal
waters, or ocean routes in the future. However, we do not have data to
forecast how many of these mariners might opt, in the future, to take
the basic firefighting course when they apply for the endorsement as
master (limited) of towing vessels or mate (pilot) of towing vessels on
inland waters or Western Rivers. Because the modified basic
firefighting course will be shorter, less expensive, and located in the
same area as the basic firefighting course, and because only a small
portion of mariners operate in the Great Lakes (5 percent), and we
already account for them, we assume all mariners eligible to take a
modified basic firefighting course will do so.
The basic firefighting training costs $552.54, on average, and
lasts 16 hours.\34\ The Coast Guard estimates that the modified basic
firefighting course will be 4 hours shorter than the current 16-hour
basic firefighting course. For the purposes of our analysis, we assume
the modified basic firefighting course will be less expensive than the
basic firefighting course, because it will require fewer resources to
host, result in less wear and tear on the facility, and require fewer
hours of an instructor's time. As a result, we assume that tuition will
decline proportionally with course length.
---------------------------------------------------------------------------
\34\ Data on the price of firefighting training was only
publicly available for 24 of the 91 approved training providers.
Some of the training providers are private companies that train
their own employees, some are in schools like the U.S. Merchant
Marine Academy that teach basic firefighting to their own midshipmen
but do not separate out the training, and others do not appear to
offer basic firefighting training despite having an approval
permitting them to teach it.
---------------------------------------------------------------------------
In the affected population section, we estimate that 485
individuals will apply for an MMC endorsement as master of towing
vessels (limited) or mate (pilot) of towing vessels on inland waters or
Western Rivers each year and will be eligible to take the modified
basic firefighting course in lieu of the basic firefighting course.
Therefore, these applicants will save 4 hours of their time and the
difference in costs between the basic firefighting tuition and the
modified basic firefighting course tuition.
The Coast Guard estimates that these 485 applicants will be
mariners who hold an MMC endorsement as apprentice mate (steersman),
which is a position between ordinary seaman and mate. The BLS does not
have a labor category for apprentice mate (steersman); however, the BLS
Occupational Employment Statistics National-Industry-Specific
Occupational Employment and Wage Estimates for May 2021 lists the mean
hourly wages for both ``Captains, Mates, and Pilots of Water Vessels''
and ``Sailors and Marine Oilers.'' \35\ As an
[[Page 67979]]
apprentice mate (steersman) is a position between ordinary seaman and
mate, we derive their wages by taking a weighted average mean hourly
wage of both ``Captains, Mates, and Pilots of Water Vessels'' and
``Sailors and Marine Oilers'' operating in the ``Inland Water
Transportation'' industry. We take a weighted average because the
duties and responsibilities of an apprentice mate (steersman) are more
like that of sailor than of a mate. Consequently, we rate the sailor's
wage more heavily than we weight the mate's wage. Specifically, we
estimate the mean hourly wage of an apprentice mate (steersman) by
taking one-third of the average mate's mean hourly wage ($55.32) and
two-thirds of the average sailor's mean hourly wage ($26.44), yielding
$36.07 per hour, rounded.\36\ We then apply a load factor to account
for non-wage compensation and benefits, which results in a fully loaded
mean hourly wage of $54.11.\37\ Therefore, we estimate the annual
undiscounted cost savings for taking shorter courses to be
approximately $104,973 [(485 endorsements x 4 (the number of hours
saved) x $54.11 (the burdened wage)].
---------------------------------------------------------------------------
\35\ Master and mate rates were accessed on February 8, 2023
from: https://www.bls.gov/oes/2021/may/oes535021.htm#ind. This
website was last accessed on April 24, 2023. Sailor and Oiler rates
were accessed on February 8, 2023 from: https://www.bls.gov/oes/2021/may/oes535011.htm. This website was last accessed on April 24,
2023. For both rates the hourly mean wage for the ``Inland Water
Transportation'' industry was used as this best approximates the
wages of towing vessel masters, mates, and deckhands. The reader can
find this wage rate under the ``Industry Profile'' section of each
web page.
\36\ More specifically, [($55.32 divided by 3) plus ($26.44
multiplied by \2/3\)] which equals $36.07.
\37\ Data on the employer cost of compensation was sourced from
the ``Employer Costs for Employee Compensation'' one screen data
search. We searched for both the total compensation and the wages
and salaries of private industry workers in the ``Transportation and
Warehousing Industry'' yielding BLS series CMU2014300000000D for
total compensation and series CMU2024300000000D for wages. To derive
the cost of compensation per hour worked, the Coast Guard first took
the average of the four quarters of total compensation or $40.79 and
the average of the four quarters of wages and salaries of $26.98,
rounded. We then divided the total compensation amount of $40.79 by
the wage and salary amount of $26.98 to obtain the load factor of
about 1.5 for ``Transportation and Warehousing'' occupations,
rounded ($40.79 divided by $26.98 equals 1.5, rounded). To load the
wage, the Coast Guard multiplied the estimated hourly wage of $36.07
by the loaded wage factor of 1.5 yielding $54.11, rounded, which
accounts for the total cost of compensation per hour of work ($36.07
multiplied by 1.5 equals $54.11).
---------------------------------------------------------------------------
Applicants for MMC endorsements as master of towing vessel
(limited) and mate (pilot) of towing vessels will also save the
difference between the tuition for the less expensive, modified basic
firefighting course and the basic firefighting course. If we use the
tuition for the basic firefighting course, $552.54, as the cost of 16
hours of firefighting instruction, then 12 hours of instruction would
be $414.41, rounded [($552.54 x (12 / 16) = $414.41)]. The cost savings
for the modified basic firefighting course due to reduced tuition would
be $138.13 ($552.54-$414.41 = $138.13) or $66,993 total ($138.13 x 485
= $66,993), rounded.
In addition, applicants for MMC endorsements as master of towing
vessel (limited) and mate (pilot) of towing vessels who drive and lodge
near the closest training provider offering a modified basic
firefighting training course will save on travel expenses due to the
shortened class time on the second day of training. Because the second
day of training only involves a half day or 4 hours of training, we
assume that applicants who would drive and lodge would be able to use
the remainder of the day to travel home, rather than lodge for an
additional night and return home the following day. As a result, we
estimate a total savings of $47,045 in travel expenses from the removal
of 1 day of lodging and reduced meals and incidentals. See Appendix A
in the docket for an in-depth analysis of the cost savings associated
with reduced travel expenses. In total, applicants for master of towing
vessels (limited) and mate (pilot) of towing vessels on inland waters
or Western Rivers routes will save an average of $219,011 per year--
$104,973 from reduced hours spent in courses, $66,993 from reduced
tuition, and $47,045 from reduced travel expenses.
Because courses must be Coast Guard-approved before they can be
offered to mariners, and developing a new course and obtaining approval
from the Coast Guard can be a lengthy process, we are delaying the
effective date of the rule by 180 days. This will allow time both for
training providers to develop a modified basic firefighting course and
the Coast Guard to evaluate and approve the courses prior to the
effective date. However, we assume that a modified firefighting course
will not be widely available until the second year of analysis. We show
the 10-year distribution of cost savings in table 10.
Table 10--Discounted Cost Savings Over a 10-Year Period of Analysis in 2021 Dollars at 7% and 3%
----------------------------------------------------------------------------------------------------------------
Discounted cost savings
Year Undiscounted -------------------------------
cost savings 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... .............. .............. ..............
2............................................................... $219,011 $191,293 $206,439
3............................................................... 219,011 178,778 200,426
4............................................................... 219,011 167,082 194,588
5............................................................... 219,011 156,152 188,921
6............................................................... 219,011 145,936 183,418
7............................................................... 219,011 136,389 178,076
8............................................................... 219,011 127,466 172,889
9............................................................... 219,011 119,127 167,854
10.............................................................. 219,011 111,334 162,965
-----------------------------------------------
Total....................................................... 1,971,099 1,333,558 1,6558,576
-----------------------------------------------
Annualized.............................................. .............. 189,869 194,084
----------------------------------------------------------------------------------------------------------------
Unquantified Benefits of the Rule
There is no data to quantify any additional benefits beyond the
cost savings estimated and noted above. However, a qualitative benefit
of this rule is that there will be firefighting courses that are more
tailored to the credential endorsement.
Analysis of Alternatives
In addition to our preferred alternative, which is discussed
throughout the remainder of this RA, we considered three additional
alternatives:
(1) No action, or maintaining the requirement that masters and
mates (pilots) of towing vessels be required to take a basic
firefighting course. With
[[Page 67980]]
this alternative, applicants would not benefit from a shorter, modified
basic firefighting course. Therefore, there would be no cost savings.
We rejected the no-action alternative because it would not create cost
savings for mariners seeking an endorsement for master or mate (pilot)
of towing vessels on inland waters or Western Rivers.
(2) We also considered an alternative from a comment submitted
during our request for feedback. This commenter recommended that the
Coast Guard eliminate the approved training requirement and rely
instead on drills required by existing regulations to ensure mariner
competence in firefighting. Proponents of this alternative are likely
to argue that the absence of a training requirement could lead to cost
savings from: (1) no longer traveling to, paying for, or spending time
in the training. However, the Coast Guard believes this alternative has
serious drawbacks. First, as noted earlier, firefighting training
ensures that mariners have fundamental firefighting and emergency
skills that allow for effective fire prevention and the quick
extinguishment of small fires that could otherwise spread and lead to
property damage and personnel injury or death. Without the training,
the Coast Guard cannot be sure that mariners would have the necessary
skills to combat fires should they occur on vessels. Second,
instructors in courses that are approved by the Coast Guard are
required to have experience or training in effectively delivering
course material. Third, the content of company managed training and
drills would likely be less intensive and exhaustive than what training
providers will offer. Firefighting courses include live fire exercises
and practical experience identifying potential fire hazards and
extinguishing live fires. As part of approved training, these types of
activities take place in a controlled environment, allowing students to
meet learning objectives while keeping them safe from the associated
hazards. These practical exercises cannot be carried out on an
operational vessel. Fourth, it is common for mariners to work on
different vessels and for different companies. There is a need for the
common foundational training that a Coast Guard-approved course
provides. While individuals no longer being required to take a
firefighting course may view this as a benefit via cost savings, the
Coast Guard views this as unacceptably decreasing the quality of
firefighting skills and decreasing the safety of the inland waters and
Western Rivers towing vessel fleet.
Taken together, these four findings would lower the safety and
preparedness of the inland waters and Western Rivers towing vessel
fleet substantially. Therefore, the Coast Guard rejected this
alternative.
(3) The third alternative we considered was permitting firefighting
training specific to inland waters and Western Rivers towing vessels
but requiring the new training to have the same 16 hours of coursework
and cover additional topics and situations common to inland waters and
Western Rivers towing vessels not previously required by regulation.
While the addition of topics for training could be beneficial, the
Coast Guard has no data or feedback to support its impact on safety.
Additionally, the Coast Guard believes training providers will have
little incentive to undergo the expense of developing a firefighting
course that will not provide cost savings to mariners.
Both courses would occur over 2 days. In the 16-hour course
suggested by this alternative, the mariner would likely experience a
cost savings from reduced tuition because there would be fewer
equipment needs used for the training; however, we do not have a way to
estimate the size of this reduction in fees. This reduction in fees
would almost certainly be less than the reduction in fees for a 12-hour
course instead of a 16-hour course, because the instructors would spend
more hours in class under the 16-hour course. Additionally, a 16-hour
course would not result in the cost savings from the 4-hour reduced
training duration, estimated at $104,973 annually. As a result, the
Coast Guard rejected this alternative because it did not lead to the
highest cost savings.
Net Cost Savings
As documented above, there will be costs to training providers and
the Coast Guard, and cost savings to mariners who will have the option
to complete a modified basic firefighting course. Table 11 presents the
net cost savings to mariners and the Government over a 10-year period
of analysis, in 2021 dollars.
Table 11--Discounted Net Cost Savings Over a 10-Year Period of Analysis in 2021 Dollars at 7% and 3%
----------------------------------------------------------------------------------------------------------------
Discounted cost savings
Year Undiscounted -------------------------------
cost savings 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... -$25,407 -$23,745 -$24,667
2............................................................... 219,011 191,293 206,439
3............................................................... 219,011 178,778 200,426
4............................................................... 219,011 167,082 194,588
5............................................................... 219,011 156,152 188,921
6............................................................... 205,983 137,255 172,508
7............................................................... 219,011 136,389 178,076
8............................................................... 219,011 127,466 172,889
9............................................................... 219,011 119,127 167,854
10.............................................................. 219,011 111,334 162,965
-----------------------------------------------
Total....................................................... 1,932,664 1,301,133 1,619,999
-----------------------------------------------
Annualized.............................................. .............. 185,252 189,913
----------------------------------------------------------------------------------------------------------------
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
As described in section VI. A., Regulatory Planning and Review,
there will be two affected populations: (1) training providers who
develop and submit a course to the Coast Guard for approval, and (2)
applicants for master
[[Page 67981]]
of towing vessels (limited) and mate (pilot) of towing vessels
operating on inland waters or Western Rivers. Applicants are
individuals and not entities; as such, the second affected population
does not contain any small entities.
Of the 91 training providers approved to offer a basic firefighting
course, the Coast Guard identified 35 training providers who might
submit requests for course approval to teach a modified firefighting
course.\38\ Of these 35 providers:
---------------------------------------------------------------------------
\38\ In the Affected Population section, we estimated that 23
providers will most likely be impacted by this rule based on their
location and other factors. While we estimated that 23 providers
will be most likely impacted, we identified 35 providers that might
offer a modified basic firefighting course. For the purposes of the
regulatory flexibility analysis, and because we did not know with
certainty which of the 35 training providers will be impacted, we
reviewed the potential costs to any of 35 entities to see if this
rule will be likely to have a substantial impact on small entities.
These 35 training providers are available in the docket where
indicated under the ADDRESSES portion of the preamble (See Table A1:
Basic Firefighting Training Providers, Course Cost, and Likelihood
to Offer a Modified Basic Firefighting Course).
---------------------------------------------------------------------------
13 are public agencies, none of which are classified as
small entities;
4 are non-profit organizations, and all 4 are classified
as small entities;
18 are private companies. Of these, 4 are not classified
as small businesses, 8 are classified as small businesses, and 6 could
not be classified because information could not be found on those 6
businesses. We classify those 6 businesses, where information could not
be found, as small entities.
In total, we classified 18 of 35 entities as small entities. Table
12 lists the North American Industry Classification System (NAICS)
codes and size standards used to determine whether entities are small
and the numbers of small entities.
Table 12--Size Standards and the Affected Entities
----------------------------------------------------------------------------------------------------------------
Number of
NAICS U.S. industry title NAICS Size standard Number of small
code entities entities
----------------------------------------------------------------------------------------------------------------
Small Government Jurisdiction.............. N/A ``governments of cities, 13 0
counties, towns, townships,
villages, school districts,
or special districts with a
population of less than
50,000''.
Small Organization......................... N/A ``any not-for-profit 4 4
enterprise that is
independently owned and
operated and not dominant in
its field''.
Crude Petroleum Extraction................. 211120 1,250 employees............... 1 0
Inland Water Freight Transportation........ 483211 750 employees................. 1 1
Inland Water Passenger Transportation...... 483212 500 employees................. 1 0
Navigational Services to Shipping.......... 488330 $41.5 million in revenue...... 2 1
Human Resources Consulting Services........ 541612 $16.5 million in revenue...... 1 1
Business and Secretarial Schools........... 611410 $8 million in revenue......... 1 1
Other Technical and Trade Schools.......... 611519 $16.5 million in revenue...... 3 3
Sports and Recreation Instruction.......... 611620 $8 million in revenue......... 1 1
Ambulance Services......................... 621910 $16.5 million in revenue...... 1 0
Firms Where the Industry Could not be N/A N/A........................... 6 6
Identified.
-------------------------
Total.................................. ......... .............................. 35 18
----------------------------------------------------------------------------------------------------------------
As shown in the Costs section of this RA, we estimate that it takes
either 6 hours to prepare and submit a course approval request for a
modified basic firefighting course or 12 hours if the course approval
request requires additional information and resubmission. A training
and development specialist's time is valued at a burdened rate of
$45.51, for a total cost of either $273.06, or $546.12.\39\ For this
rule to impose a significant impact on a small entity, the impact would
have to be greater than 1 percent (.01) of a small entity's annual
revenue. That is, for this rule to have a significant economic impact
on an entity, the entity's annual revenue has to be less than $54,612
($546.12 / 0.01 = $54,612). Out of the 8 small entities for which we
had revenue information, none had annual revenue under $54,612. Table
13 indicates the distribution of revenue impacts for the small entities
for which we were able to identify revenue information.\40\
---------------------------------------------------------------------------
\39\ See footnote 26 for a calculation of the burdened wage rate
for training and development specialists. 6 hours x $45.51 per hour
is $273.06, while 12 hours x $45.51 per hour is $546.12.
\40\ We were not able to identify revenue information for the 4
nonprofit small entities and for 6 firms we identified as small
businesses.
Table 13--Distribution of Revenue Impacts
----------------------------------------------------------------------------------------------------------------
Small entities Portion of small
Percent of revenue impact Average annual with known entities with
impact revenue known revenue
----------------------------------------------------------------------------------------------------------------
<1%...................................................... $546.12 8 100
1-3%..................................................... 546.12 0 0
[[Page 67982]]
>3%...................................................... 546.12 0 0
----------------------------------------------------------------------------------------------------------------
Therefore, based on this analysis, 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 a change to the existing information collection
(OMB Control Number 1625-0028) under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501-3520. As defined in 5 CFR 1320.3(c), ``collection
of information'' comprises reporting, recordkeeping, monitoring,
posting, labeling, and other similar actions. The title and description
of the information collections, a description of those who must collect
the information, and an estimate of the total annual burden follow. The
estimate covers the time for reviewing instructions, searching existing
sources of data, gathering, and maintaining the data needed, and
completing and reviewing the collection.
Title: Course Approval and Records for Merchant Mariner Training
Schools.
OMB Control Number: 1625-0028.
Summary of the Modification to the Collection of Information: This
rule permits training providers to offer a new course, approved under
46 CFR 10.402 and 10.403, by permitting inland waters and Western
Rivers towing vessel master and mate (pilot) applicants to take a
modified basic course in lieu of a basic firefighting course.
Need for Information: The Coast Guard will need to receive a course
approval submission from training providers who will offer a modified
basic inland waters and Western Rivers towing vessel firefighting
course.
Proposed Use of the Information: The collection of information is
intended to ensure that training providers meet the regulatory
requirements for the courses that they offer.
Description of the Respondents: The respondents are training
providers wishing to offer a modified basic inland waters and Western
Rivers towing vessel firefighting course.
Number of Respondents: The Coast Guard estimates that there will
not be any additional respondents, because the training providers
requesting approval of a modified basic inland waters and Western
Rivers towing vessel firefighting course already have other courses
approved by the Coast Guard. As such, the Coast Guard expects there
will be no additional respondents because the respondents are already
included in the collection of information. Out of the 315 current
annual respondents for OMB Control Number 1625-0028, 91 are currently
approved to offer a basic firefighting course. Based on information
provided by an SME from the Coast Guard's Office of Merchant Mariner
Credentialing, we estimate that 23 of the 91 training providers
offering a basic firefighting course will likely request approval of a
modified basic inland waters and Western Rivers towing vessel
firefighting course.
Frequency of Response: We expect that 62 percent of the training
providers will request course approval and not need to provide
additional information, and the other 38 percent will request course
approval and need to provide additional information. The Coast Guard
expects these requests to happen in the first year. Therefore, we
estimate that there will be 32 additional responses from this rule (23
initial submissions, plus 9 submissions of additional information).
Burden of Response: Out of the 32 responses, the Coast Guard
estimates that 23 will take 6 hours to request approval of a modified
basic inland waters and Western Rivers towing vessel firefighting
course because the training provider's submission complies with Coast
Guard policies and regulations. Another 9 responses will take an
additional 6 hours because the course package will need to be revised
and resubmitted.
Estimate of Total Annual Burden: All 32 responses will take 6 hours
to complete. Consequently, the Coast Guard estimates that 32 x 6, or
192 hours, will be incurred by training providers in requesting new
modified basic firefighting course approvals.
As required by 44 U.S.C. 3507(d), we will submit a copy of this
rule to OMB for its review of the collection of information.
You are not required to respond to a collection of information
unless it displays a currently valid OMB control number. OMB has not
yet completed its review of this collection. Once OMB completes action
on our information collection request, we will publish a Federal
Register notice describing OMB's action.
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. 7101 (personnel
qualifications of officers serving on board merchant vessels), 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, e.g., United States v. Locke,
[[Page 67983]]
529 U.S. 89 (2000) (finding that the states are foreclosed from
regulating tanker vessels) see also Ray v. Atlantic Richfield Co., 435
U.S. 151, 157 (1978) (state regulation is preempted where ``the scheme
of federal regulation may be so pervasive as to make reasonable the
inference that Congress left no room for the States to supplement it
[or where] the Act of Congress may touch a field in which the federal
interest is so dominant that the federal system will be assumed to
preclude enforcement of state laws on the same subject.'' (citations
omitted)). Because this rule involves the credentialing of merchant
mariner officers under 46 U.S.C. 7101, it relates to personnel
qualifications for vessels subject to a pervasive scheme of federal
regulation 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.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this proposed rule would have
implications for federalism under Executive Order 13132, please call or
email the person listed in the FOR FURTHER INFORMATION section of this
preamble.
Therefore, because the States may not regulate within these
categories, this rule is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
F. Unfunded Mandates
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
would 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, Rev. 1,\41\ associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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. For instructions on
locating the docket, see the ADDRESSES section of this preamble. This
rule is categorically excluded under paragraphs L52 and L56 of Appendix
A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.1. Paragraph
L52 pertains to regulations concerning vessel operation safety
standards and paragraph L56 pertains to regulations concerning the
training, qualifying, and credentialing of maritime personnel.
---------------------------------------------------------------------------
\41\ https://www.dhs.gov/sites/default/files/publications/DHS_Instruction%20Manual%20023-01-001-01%20Rev%2001_508%20Admin%20Rev.pdf. This document was last accessed
on April 24, 2023.
---------------------------------------------------------------------------
This rule revises the existing merchant mariner credentialing
training requirements for national endorsements as master and mate
(pilot) for towing vessels. The changes apply to mariners working on
towing vessels inspected under 46 CFR subchapter M when operating on
inland waters or Western Rivers routes. Under the rule, these mariners
will only be required to complete training that is relevant to the
firefighting equipment that is available on their vessels. This change
promotes marine safety by focusing attention on the resources actually
available to affected mariners.
List of Subjects in 46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 11 as follows:
0
1. The authority citation for part 11 is revised to read as follows:
[[Page 67984]]
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; E.O. 10173; DHS Delegation No. 00170.1, Revision No.
01.3. Section 11.107 is also issued under the authority of 44 U.S.C.
3507.
0
2. Amend Sec. 11.201 by:
0
a. Revising the first sentence of paragraph (h)(1) introductory text;
0
b. Revising paragraphs (h)(2)(i), (h)(3)(i) and (ii);
0
c. Adding paragraphs (h)(3)(iii) and (iv); and
0
d. In paragraph (l), after the word ``service'' and before the words
``and examination'' adding the text ``, training''.
The revisions and additions read as follows:
Sec. 11.201 General requirements for national and STCW officer
endorsements.
* * * * *
(h) * * *
(1) Applicants for an original officer endorsement in the following
categories must present a certificate of completion from a firefighting
course of instruction relevant to the endorsement being sought that has
been approved by the Coast Guard. * * *
(2) * * *
(i) All national officer endorsements as master or mate on seagoing
vessels of 200 GRT or more.
* * * * *
(3) * * *
(i) All officer endorsements as master on vessels of less than 500
GT in ocean service.
(ii) All officer endorsements for master or mate (pilot) of towing
vessels for service on near-coastal waters, except apprentice mate
(steersman) of towing vessels.
(iii) All officer endorsements for master or mate (pilot) of towing
vessels for service on Great Lakes, except apprentice mate (steersman)
of towing vessels.
(iv) All officer endorsements as master or mate (pilot) of towing
vessels for service on inland waters or Western Rivers, except
apprentice mate (steersman) of towing vessels.
(A) The Coast Guard will accept a Coast Guard-approved modified
basic firefighting course, which is the basic firefighting training
described in paragraph (h)(3) of this section modified to only cover
the equipment, fire prevention procedures, and firefighting operations
required on towing vessels on inland waters or Western Rivers routes
required in 46 CFR parts 140 and 142. A mariner who completes this
modified basic firefighting course will be issued an endorsement that
is restricted to inland waters or Western Rivers.
(B) To increase in scope to Great Lakes, near-coastal or oceans,
the applicant will be required to complete the firefighting course
appropriate to the route sought.
* * * * *
Dated: September 21, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-21560 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P
