Implementation of Training Requirements for Personnel Serving on U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers on International Voyages, 52324-52354 [2024-13455]

Download as PDF 52324 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules For information about this document, call or email Megan Johns Henry, Office of Merchant Mariner Credentialing (CG– MMC–1), Coast Guard; telephone 202– 372–1255, email Megan.C.Johns@ uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 11 and 12 [Docket No. USCG–2022–0649] RIN 1625–AC68 Implementation of Training Requirements for Personnel Serving on U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers on International Voyages Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend its merchant mariner training regulations to implement amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and the Seafarers’ Training, Certification and Watchkeeping Code, to require personnel serving on U.S.-flagged passenger ships carrying more than 12 passengers on international voyages to complete passenger ship emergency familiarization. The proposed rule would expand the applicability of the existing crowd management training requirement to include specified ratings on passenger ships. These required trainings would promote the safety of life at sea. DATES: Comments and related material must be received by the Coast Guard on or before September 19, 2024. ADDRESSES: You may submit comments identified by docket number USCG– 2022–0649 using the Federal DecisionMaking Portal at www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. Collection of information. Submit comments on the collection of information discussed in section VII.D. of this preamble both to the Coast Guard’s online docket and to the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget using their website www.reginfo.gov/public/do/ PRAMain. Comments sent to OIRA on the collection of information must reach OMB on or before the comment due date listed on their website. Viewing material proposed for incorporation by reference. Make arrangements to view this material by calling the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. ddrumheller on DSK120RN23PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 Table of Contents for Preamble I. Public Participation and Request for Comments II. Abbreviations III. Executive Summary A. Purpose B. Legal Authority C. Summary of Major Provisions D. Costs and Benefits IV. Background V. Discussion of Proposed Rule VI. Incorporation by Reference VII. 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 K. Energy Effects L. Technical Standards M. Environment I. Public Participation and Request for Comments The Coast Guard views public participation as essential to effective rulemaking and will consider all comments and material received during the comment period. Your comments can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. Submitting comments. We encourage you to submit comments through the Federal Decision-Making Portal at www.regulations.gov. To do so, go to www.regulations.gov, type USCG–2022– 0649 in the search box and click ‘‘Search.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material by using www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions. Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the www.regulations.gov Frequently Asked Questions web page. That FAQ page also explains how to subscribe for email alerts that will notify you when comments are posted or if a final rule is published. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. Personal Information. We accept anonymous comments. All comments received will be posted without change to www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions to the docket in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). We do not plan to hold a public meeting, but we will consider doing so if we determine from public comments that a meeting would be helpful. We would issue a separate Federal Register notice to announce the date, time, and location of such a meeting. II. Abbreviations BLS U.S. Bureau of Labor Statistics BTS Bureau of Transportation Statistics CFR Code of Federal Regulations CG–MMC Coast Guard Office of Merchant Mariner Credentialing CSS Code Code of Safe Practices for Cargo Stowage and Securing DHS Department of Homeland Security DOT Department of Transportation GSA U.S. General Services Administration HTW Human Element, Training and Watchkeeping IBR Incorporated by Reference IMO International Maritime Organization M&IE Meal and Incidental Expenses MISLE Marine Information for Safety and Law Enforcement MMC Merchant Mariner Credential MSC Maritime Safety Committee NAICS North American Industry Classification System OMB Office of Management and Budget POA Privately Owned Automobile PSC Port State Control § Section SBA Small Business Administration SME Subject matter expert SOLAS International Convention for the Safety of Life at Sea, 1974, as amended STCW Convention International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 STCW Code Seafarers’ Training, Certification and Watchkeeping Code U.S.C. United States Code VSL Value of a Statistical Life E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules III. Executive Summary A. Purpose The purpose of this proposed rule is to ensure the safety of passengers on board U.S.-flagged passenger ships by ensuring all shipboard personnel have completed training and are competent to assist passengers in the event of an emergency. As defined in title 46 of the Code of Federal Regulations (CFR), in sections 11.1103 and 12.903,1 passenger ships are those ships carrying more than 12 passengers on an international voyage. The growing world-wide popularity of passenger ships as a vacation destination has resulted in the launching of consistently larger foreignflagged ships and subsequent concerns over passenger safety. Passenger-ship travel requires passengers to be assured of their safety regardless of where the ship originates or where it sails. Typically, passengers are on board these ships for a short time and do not have maritime experience, so they rely on the ship’s crew to assist them in emergency situations. It may be impossible for passengers to identify which crewmembers are trained to assist them in an emergency. Shipboard emergency situations could pose risks to life, health, and safety, as well as damage to property and the marine environment. With this rulemaking, the Coast Guard proposes requiring passenger ship emergency familiarization for all shipboard personnel on U.S.-flagged passenger ships, which may prevent the loss of life at sea, reduce the risk of injury, and increase protection of property and the marine environment. The Coast Guard proposes expanding the applicability of the existing crowd management training requirement to include ratings qualified under Chapters II, III, and VII of the STCW Convention 2 on passenger ships. ddrumheller on DSK120RN23PROD with PROPOSALS2 B. Legal Authority The legal basis of this proposed rule is title 14 of the United States Code (U.S.C.), section 102(3), which 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. More 1 The Coast Guard adopted these definitions from the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, and codified them in the CFR. 78 FR 77796 (Dec. 24, 2013). See additional discussion on SOLAS in section IV, Background, of this document. 2 Ratings qualified under Chapters II, III, and VII of the STCW Convention are: Able Seafarer Deck, Able Seafarer Engine, Ratings Forming Part of a Navigational Watch, and Ratings Forming Part of an Engine-room Watch. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 specifically, 46 U.S.C. 7101 and 7301 authorizes the Secretary of the Department of Homeland Security (DHS) to prescribe the requirements for the credentialing of officers and ratings respectively. The Secretary has delegated these statutory authorities to the Coast Guard through DHS Delegation No. 00170.1(II)(92)(e), Revision No. 01.4, which generally authorizes the Coast Guard to determine and establish the experience and professional qualifications required for the issuance of credentials. C. Summary of Major Provisions This proposed rule would make the following changes, which would apply to all personnel serving on U.S.-flagged passenger ships that carry more than 12 passengers on international voyages: (1) Incorporates by reference the 2017 Edition of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention), and the Seafarers’ Training, Certification and Watchkeeping Code (STCW Code), which include amendments through 2016, in 46 CFR parts 11 and 12. The STCW Convention and the STCW Code prescribe a five-tiered passenger ship training approach which is detailed in Section V, Discussion of Proposed Rule, in this document. (2) Adds a new requirement for all shipboard personnel to complete passenger ship emergency familiarization appropriate to their capacity, duties, and responsibilities during an emergency before being assigned to shipboard duties. The passenger ship emergency familiarization requirement applies to all shipboard personnel, including masters, officers, and ratings qualified under Chapters II, III, and VII of the STCW Convention. This familiarization would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and can be conducted on board the ship or at a shore-based location. Mariners or vessel operators should maintain documentation verifying that personnel have completed the passenger ship emergency familiarization. (3) Expands the applicability of crowd management training to include ratings qualified under Chapters II, III, and VII of the STCW Convention. Crowd management courses currently require Coast Guard approval and will continue to require Coast Guard approval. Approved crowd management courses are readily available to mariners. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 52325 D. Costs and Benefits This proposed rule would affect 1,080 personnel (200 officers, 44 specified ratings,3 and 836 personnel) serving on 50 U.S-flagged passenger ships. For each passenger ship, we assume two individuals serve in each billet, to account for the rotational nature of shipboard employment. The cost to the regulated industry would be approximately $375,707, in 2021 dollars, annualized, and $3,374,817 total, discounted at 2 percent. The proposed rule does not create additional costs for the Federal Government. In addition, this proposed rule would not result in additional costs to obtain a Merchant Mariner Credential (MMC) endorsement, because the training requirements would be verified through presentation of course completion documentation during shipboard inspections, and not via an MMC endorsement. The expected benefits of this proposed rule would be the improvement of the safety of life at sea through increased mariner competence. It would also ensure that U.S.-flagged passenger ships would not be subject to additional Port State Control (PSC) requirements in foreign ports. IV. Background The STCW Convention establishes minimum standards for training, certification, and watchkeeping for seafarers. The STCW Convention includes competence requirements for seafarers to address emergencies on passenger ships. The STCW Convention applies to personnel engaged on seagoing ships operating seaward of the boundary line specified in 46 CFR part 7. Coast Guard regulations in 46 CFR 10.107 define the boundary line as ‘‘mark[ing] the dividing point between internal and offshore waters for the purposes of several U.S. statutes and, with exceptions, generally follows the trend of the seaward, highwater shorelines. See 46 CFR part 7 for the specified boundary line location. The International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), sets international standards for vessel safety. SOLAS defines ‘‘passenger ship’’ as any ship carrying more than 12 passengers on an international voyage.4 The Coast Guard adopted this definition in 46 CFR 3 Specified rating for this proposed rule means various categories of ordinary seaman, able seaman, and qualified members of the engine department, issued on MMCs. For the purpose of estimates, specified ratings are the closest to the ratings qualified under STCW Chapters II, III, and VII. 4 SOLAS Chapter I, Part A, Regulation 2(f). E:\FR\FM\21JNP2.SGM 21JNP2 52326 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 11.1103 and 12.903.5 Every ship subject to SOLAS must maintain a muster list to identify the functions and duties of each crewmember in an emergency.6 The muster list must also specify the duties assigned to crewmembers in relation to passengers in case of an emergency. The Coast Guard has an established program for the credentialing of personnel serving on U.S. vessels that is governed by domestic statutes in 14 and 46 U.S.C.,7 and in 46 CFR parts 11, 12 and 13. Through these domestic statutes and regulations, the Coast Guard implements the provisions of the STCW Convention and the STCW Code. Current regulations in 46 CFR part 11, subpart K—Officers on a Passenger Ship When on an International Voyage, detail the crowd management training requirements for masters, officers, and personnel working onboard U.S.-flagged passenger ships on an international voyage designated on the muster list to assist passengers in emergency situations. Regulations in 46 CFR part 12, subpart I—Crewmembers on a Passenger Ship on an International Voyage, detail the requirements for seafarers working on U.S.-flagged passenger ships on an international voyage who perform duties that involve safety or care for passengers. These personnel must meet the appropriate requirements of STCW Regulation V/2 and section A–V/2 of the STCW Code, including safety training, training in crowd management, crisis management and human behavior, and passenger safety cargo safety and hull integrity training, and must hold documentary evidence showing they meet those requirements through approved or accepted training. On January 13, 2012, the Costa Concordia, an Italian passenger ship operating in the Mediterranean Sea with 3,206 passengers and 1,023 crewmembers on board, struck a reef off the Italian coastline. The incident resulted in the loss of 32 lives (27 passengers and 5 crewmembers), injury to 157 others, and the total loss of the ship. In the ensuing accident report,8 the Italian Ministry of Infrastructures and Transports concluded that multiple factors contributed to the injuries and 5 78 FR 77796 (Dec. 24, 2013). This definition of ‘‘passenger ship’’ is limited to subpart K of 46 CFR part 11 and subpart I of 46 CFR part 12. 6 SOLAS, Chapter III, Part B, Regulation 37. 7 14 U.S.C. 102(3), 46 U.S.C. 7101, 7306, and 7313. 8 The Ministry of Infrastructures and Transports, Marine Casualties Investigative Body, Cruise Ship COSTA CONCORDIA, Marine Casualty on January 13, 2012. This report is available at: https:// www.mitma.gob.es/recursos_mfom/ 2012costaconcordia.pdf (last visited 6/3/2024). VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 loss of life. Some of these factors included delayed management of the emergency response and evacuation process, inconsistencies in assignment of duties, communication issues due to the different backgrounds of passengers and crewmembers, and passenger confusion over which personnel employed on passenger ships were trained to assist in an emergency.9 The notable loss of the Costa Concordia provided the rationale for initiating a review of the passenger ship training provisions in the STCW Convention and the STCW Code. In 2012, the International Maritime Organization (IMO) Maritime Safety Committee (MSC) considered a proposal submitted by the United States to review and potentially amend the STCW required training for mariners working on passenger ships, considering new challenges posed by the increased size of modern cruise ships and the large number of passengers on board. The MSC tasked the Human Element, Training and Watchkeeping (HTW) Subcommittee with addressing these challenges. Recognizing that significant numbers of U.S. passengers travel on foreignflagged passenger ships, the United States submitted multiple proposals to the HTW subcommittee for consideration while developing new training requirements for personnel on passenger ships. The U.S. submission to the third session of the HTW subcommittee included a tiered approach to training and familiarization for personnel on passenger ships, including those providing direct service to passengers, and passenger ship emergency familiarization. This proposal was used as the basis of the amendments to the STCW Convention and the STCW Code that were adopted in 2016 and entered into force on July 1, 2018.10 The amendments to the STCW Convention and Code added passenger ship emergency familiarization requirements for personnel on passenger ships. They also expanded the 9 Id at 159. 10 While the amendments entered into force on July 1, 2018, the STCW Convention is not selfimplementing. The United States must issue regulations to meet its treaty obligations. As such, all compliance with the 2016 amendments and 2021 policy letter (CG–MMC Policy Letter 02–21, ‘‘Guidance On Voluntary Compliance With Training Requirements For Personnel Serving On U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers On International Voyages’’) has been voluntary in nature. The Coast Guard does not have information on which operating companies or mariners in the affected population have taken measures to comply with the 2016 amendments because compliance is voluntary and not required to be recorded during an annual inspection. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 applicability of crowd management training to include ratings qualified under Chapters II, III, and VII of the STCW Convention with the current applicability of masters, officers, and personnel designated on the muster list to assist passengers in emergency situations.11 The STCW Convention and the STCW Code require that passenger ship personnel are familiar with safety features, emergency equipment and procedures, basic communication, and crowd control techniques in order to assist passengers, including elderly and disabled individuals, during an emergency. This proposed rule would codify the STCW Convention and the STCW Code, including amendments through 2016. As a signatory to the STCW Convention, the United States must ensure compliance with its treaty obligations through full implementation of amendments to the STCW Convention and the STCW Code. The STCW Convention is not self-implementing; therefore, the Coast Guard does not have discretion and must issue regulations to implement these requirements. Failure to meet the treaty obligations could cause the United States to lose status on the IMO’s ‘‘White List,’’ which distinguishes administrations that are in full compliance with the STCW Convention and the STCW Code. Loss of this status could cause U.S. ships to be subject to more rigorous PSC inspections in foreign ports, including possible detainment or denial of entry. Additionally, U.S. mariners could be ineligible to serve on foreign-flagged ships. On August 5, 2021, the Coast Guard’s Office of Merchant Mariner Credentialing (CG–MMC) issued Policy Letter 02–21, ‘‘Guidance On Voluntary Compliance With Training Requirements For Personnel Serving On U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers On International Voyages’’,12 to advise U.S.flagged passenger ship operating companies of the amendments to the 11 IMO Resolution MSC.416(97), Consideration and Adoption of Amendments to Mandatory Instruments, Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, and the Seafarers’ Training, Certification and Watchkeeping (STCW) Code, Annex 1, page 4. A copy of this resolution is available in the docket where indicated under the ADDRESSES portion of this preamble. 12 The document is available at: https:// www.dco.uscg.mil/Portals/9/DCO%20Documents/ 5p/5ps/MMC/MMC-Policy-Letter-02-21-Final05AUG21.pdf?ver=8GP3iNQS2pWTD6NG3eDTw%3D%3D#:∼:text=This%20policy%20 letter%20provides%20guidance,Convention% 20and%20the%20STCW%20Code. (last visited 6/3/ 2024). E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules STCW Convention and the STCW Code and encourage voluntary compliance. This policy letter will be cancelled when this proposed rule becomes final and effective. V. Discussion of Proposed Rule In the following paragraphs, we provide a section-by-section description of our proposed amendments to 46 CFR parts 11 and 12, in section number order with topical headings. 46 CFR Part 11 Authority Citations We are deleting reference to 46 U.S.C. 8906, and adding, in its place, 46 U.S.C. chapter 89. Chapter 89 of 46 U.S.C. contains the authorities for requiring various small vessel officer endorsements, including the civil penalties (in 46 U.S.C. 8906) for violating the chapter. We are also updating the reference to DHS Delegation No. 00170.1, Revision No. 01.4, to reflect the most recent revision of this document. Subpart A—General ddrumheller on DSK120RN23PROD with PROPOSALS2 Section 11.102—Incorporation by Reference The Coast Guard proposes to update the centralized incorporation by reference for the 2017 Edition of the STCW Convention and the STCW Code, which includes amendments through 2016. The STCW Convention sets the minimum standards for training, certification and watchkeeping for seafarers. The STCW Code addresses the technical aspects of the STCW Convention, including minimum standards of competence and the appropriate methods for demonstrating competence, which includes training. Currently, regulations in 46 CFR chapter I, subchapter B, reference the STCW Convention and the STCW Code, as amended through 2011. Additional amendments to the STCW Convention and the STCW Code were adopted in 2016 and entered into force on July 1, 2018.13 These amendments contain updated seafarer training requirements to address emergencies on passenger ships, prescribing a five-tiered passenger ship training approach. The five-tiered approach includes passenger ship emergency familiarization, safety training for personnel providing direct service to passengers, passenger ship crowd management, crisis management and human behavior, and passenger safety, cargo safety, and hull integrity 13 See footnote 9. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 training.14 Each tier builds on the previous tier of training, and the proposed training requirements are structured as appropriate to the associated position of responsibility on board the ship. Subpart K—Officers on a Passenger Ship When on an International Voyage Section 11.1105—General Requirements for Officer Endorsements The Coast Guard proposes revising the title of this section from ‘‘General requirements for officer endorsements’’ to ‘‘General requirements.’’ The proposed change would align with the purpose of this subpart, in accordance with the STCW Convention and the STCW Code. Other specific changes to § 11.1105 are detailed below. In summary, we propose combining existing paragraph (a) introductory text and text from paragraph (a)(1) into paragraph (a) introductory text; adding new paragraph (a)(1); redesignating paragraphs (a)(1)(i) as (a)(3), (a)(1)(ii) as (a)(2), (a)(1)(iii) as (a)(4) and (a)(1)(iv) as (a)(5); redesignating paragraph (a)(2) as paragraph (b); and redesignating existing paragraphs (b), (c), and (d) as paragraphs (c), (d) and (e) respectively. These changes would allow paragraphs (a)(1) through (a)(5) to refer to the applicable paragraphs (1 through 5) of section A–V/2 of the STCW Code, as detailed in the following discussion of those paragraphs. In revised paragraph (a) introductory text, we would change the word ‘‘vessel’’ to ‘‘ship’’ for consistency in terminology in this part and add the text, ‘‘before being assigned to shipboard duties’’ for clarity. The language from existing paragraph (a)(1) in revised paragraph (a) introductory text details the incorporation of the STCW Regulation V/2 and of section A– V/2 of the STCW Code. Revised paragraph (a) introductory text would read, ‘‘To serve on a passenger ship on international voyages, before being assigned shipboard duties, masters, deck officers, chief engineers, and engineer officers, must meet the appropriate requirements of regulation V/2 of the STCW Convention and of section A–V/2 of the STCW Code (incorporated by reference, see § 11.102) as follows:’’. New paragraph (a)(1) would specify that all officers and personnel aboard passenger ships must have completed passenger ship emergency 14 STCW Convention, Regulation V/2 and the STCW Code, Section A–V/2, Mandatory minimum requirements for the training and qualifications of masters, officers, ratings, and other personnel on passenger ships. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 52327 familiarization appropriate to their capacity, duties, and responsibilities. Paragraph (a)(1) would refer to section A–V/2 paragraph 1 of the STCW Code, which requires that passenger ship emergency familiarization be completed before personnel are assigned to shipboard duties. In accordance with section A–V/2 paragraph 1 of the STCW Code, passenger ship emergency familiarization must include topics to familiarize personnel with the general safety features aboard the ship, the location of essential safety equipment, including life-saving appliances, the importance of personal conduct during the implementation of emergency plans, and restrictions on the use of elevators during emergencies. Passenger ship emergency familiarization, in accordance with section A–V/2 paragraph 1 of the STCW Code, also includes the requirement to communicate with passengers during an emergency, including the ability to communicate in the working language of the ship, including non-verbally communicating safety information, and understanding one of the languages in which emergency announcements may be broadcast on the ship during an emergency or drill. Passenger ship emergency familiarization proposed in paragraph (a)(1) would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and could be conducted on board the ship or in a shore-based location. Operating companies would have to ensure personnel are familiarized with the shipboard layout, their shipboard duties, and emergency procedures. Personnel or vessel operating companies should maintain documentary evidence verifying that personnel have completed the Passenger Ship Emergency Familiarization training. It is the responsibility of the operating companies, who are obligated by Regulation I/14, ‘‘Responsibilities of Companies’’ of the STCW Convention, to ensure that documentation relevant to personnel training is maintained and readily accessible. Port State Control officers or Coast Guard inspectors may ask to see evidence that personnel have completed passenger ship emergency familiarization. Redesignated paragraph (a)(2), which already requires the completion of safety training for personnel providing direct service to passengers in passenger spaces, would be revised to include the addition of ‘‘officers’’ to personnel providing direct service to passengers in passenger spaces. In addition, we would remove ‘‘onboard passenger ships’’ from E:\FR\FM\21JNP2.SGM 21JNP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 52328 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules the explanation of passenger spaces. We would add ‘‘passenger ship’’ to more accurately describe the type of safety training required. Paragraph (a)(2) would refer to section A–V/2 paragraph 2 of the STCW Code, which requires that passenger ship safety training be completed before personnel are assigned to shipboard duties. In accordance with section A–V/2 paragraph 2 of the STCW Code, passenger ship safety training must include communication. Specifically, it must include: • The ability to communicate with passengers during an emergency, taking into account the language or languages appropriate to the principal nationalities of passengers carried on the particular route; • The likelihood that an ability to use elementary English vocabulary for basic instructions can provide a means of communicating with a passenger in need of assistance, whether or not the passenger and crew member share a common language; • The possible need to communicate during an emergency by some other means, such as by demonstration, hand signals, or calling attention to the location of instructions, muster stations, life-saving devices, or evacuation routes when oral communication is impractical; • The extent to which complete safety instructions have been provided to passengers in their native language or languages; • The languages in which emergency announcements may be broadcast during an emergency or drill to convey critical guidance to passengers and to facilitate crew members in assisting passengers; and • In accordance with section A–V/2 paragraph 2 of the STCW Code, passenger ship safety training must include life-saving appliances, specifically the ability to demonstrate to passengers the use of personal lifesaving appliances, and embarkation procedures with special attention to disabled persons and persons needing assistance. Passenger ship safety training proposed in paragraph (a)(2) would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and could be conducted on board the ship or in a shore-based location. Personnel completing passenger ship safety training are obligated to maintain documentary evidence of their training by Regulation V/2, ‘‘Mandatory minimum requirements for the training and qualification of masters, officers, ratings and other personnel on VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 passenger ships,’’ of the STCW Convention. The Coast Guard would make nonsubstantive changes in redesignated paragraph (a)(3), which already requires the completion of crowd management training. In addition, the Coast Guard would make the following substantive changes to clarify which personnel are required to complete the required training: • The text, ‘‘ratings qualified under Chapters II, III, and VII of the STCW Convention ’’ would be added to masters, officers, and personnel designated on muster lists to assist passengers in emergency situations. • The text, ‘‘approved or accepted’’ would be added to clarify that masters, officers, ratings qualified under Chapters II, III, and VII of the STCW Convention, and personnel designated on muster lists to assist passengers in emergency situations must complete ‘‘approved or accepted’’ training in passenger ship crowd management. Requiring approved or accepted training aligns with 46 CFR part 10, subpart D, which allows training to be either approved or accepted by the Coast Guard. • The text would be revised to refer to section A–V/2 paragraph 3 of the STCW Code, which requires crowd management training to be completed in accordance with STCW regulation V/2, paragraph 7, as set out in table A–V/2– 1. Personnel completing crowd management training are obligated to maintain documentary evidence of their training by Regulation V/2, ‘‘Mandatory minimum requirements for the training and qualification of masters, officers, ratings and other personnel on passenger ships,’’ of the STCW Convention. Redesignated paragraph (a)(4) would be revised to make one non-substantive change. Additionally, redesignated paragraph (a)(4), which already includes a requirement for the completion of crisis management and human behavior, would be revised to clarify that training in crisis management and human behavior must be approved ‘‘or accepted’’ training in accordance with 46 CFR part 10, subpart D. Paragraph (a)(4) would also be revised to refer to section A–V/2 paragraph 4 of the STCW Code, which requires training in crisis management and human behavior to be completed in accordance with STCW regulation V/2 paragraph 8, as set out in table A–V/2–2. Personnel completing crisis management and human behavior training are obligated to maintain documentary evidence of their training by Regulation V/2, ‘‘Mandatory minimum requirements for the training PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 and qualification of masters, officers, ratings and other personnel on passenger ships,’’ of the STCW Convention. Redesignated paragraph (a)(5) would be revised to make one non-substantive change. Redesignated paragraph (a)(5) would also be revised to clarify that training in passenger safety, cargo safety, and hull integrity must be approved ‘‘or accepted’’ training in accordance with 46 CFR part 10, subpart D. Paragraph (a)(5) would also be revised to refer to section A–V/2 paragraph 5 of the STCW Code, which requires that training must be completed before personnel are assigned to shipboard duties. In accordance with section A–V/2 paragraph 5 of the STCW Code, passenger safety, cargo safety, and hull integrity training must include loading and embarkation procedures and, specifically, the ability to properly apply the procedures established for the ship regarding loading and discharging vehicles, rail cars and other cargo transport units, including related communications; lowering and hoisting ramps; setting up and stowing retractable vehicle decks; and embarking and disembarking passengers, with special attention to disabled persons and persons needing assistance. Passenger safety, cargo safety, and hull integrity training must also include: • Carriage of dangerous goods, including the ability to apply any special safeguards, procedures, and requirements regarding the carriage of dangerous goods on board ro-ro passenger ships; 15 • Securing cargoes, specifically the ability to correctly apply the provisions of the Code of Safe Practices for Cargo Stowage and Securing (CSS Code) 16 to the vehicles, rail cars, and other cargo transport units carried, and to properly use the cargo-securing equipment and materials provided, considering their limitations; • Stability, trim, and stress calculations, specifically the ability to make proper use of the stability and stress information provided; calculate stability and trim for different conditions of loading, using the stability 15 A ro-ro, or roll-on/roll-off passenger ship is defined in Chapter II–1, Regulation 2 of SOLAS, as being ‘‘a passenger ship with ro-ro cargo spaces or special category spaces.’’ 16 The CSS Code provides an international standard for the safe stowage and securing of cargoes to promote the safety of life both at sea, and during loading and discharge. See https://www.imo. org/en/OurWork/Safety/Pages/CSS-Code.aspx#:∼: text=All%20cargoes%20should%20be%20stowed, be%20properly%20qualified%20and%20 experienced. (last visited 6/3/2024). E:\FR\FM\21JNP2.SGM 21JNP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules calculators or computer programs provided; calculate load factors for decks; and calculate the impact of ballast and fuel transfers on stability, trim, and stress; and • Opening, closing and securing hull openings, including the ability to properly apply the procedures established for the ship for opening, closing and securing bow, stern and side doors and ramps; correctly operating the associated systems and conducting surveys on proper sealing and ro-ro deck atmosphere, including the ability to use equipment, where carried, to monitor atmosphere in ro-ro spaces and properly apply the procedures established for the ship for ventilation of ro-ro spaces during lading and discharging of vehicles, while on voyage and in emergencies. Personnel completing passenger safety, cargo safety, and hull integrity training are obligated to maintain documentary evidence of their training by Regulation V/2, ‘‘Mandatory minimum requirements for the training and qualification of masters, officers, ratings and other personnel on passenger ships,’’ of the STCW Convention. Redesignated paragraph (b) would be revised to state that, ‘‘Personnel required to be trained in accordance with paragraph (a) of this section must hold documentary evidence of successful completion of training as proof of meeting these requirements.’’ These revisions clarify who is required to hold evidence of successful completion of training in accordance with paragraph (a). We are proposing to remove the existing text, ‘‘through approved or accepted training,’’ to clarify that the training required in paragraphs (a)(1) and (a)(2) would not have to be Coast Guard-approved or accepted training, while the training required in paragraphs (a)(3), (a)(4), and (a)(5) must be Coast Guard-approved or accepted training. Redesignated paragraph (c) would be revised to update terminology used in this subpart and make other nonsubstantive changes. Paragraph (c) would also be revised to correct references to other revised paragraphs in this subpart for personnel who must provide evidence of having maintained the required standard of competence every 5 years. Redesignated paragraph (d) would be revised to update the paragraph reference, which was redesignated from paragraph (b) to paragraph (c), and would be revised to replace the word ‘‘sea’’ with ‘‘relevant seagoing’’ to better describe the service needed to maintain the standard of competence. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 Redesignated paragraph (e) would be revised to replace the word ‘‘vessels’’ with ‘‘ships’’ to provide consistency of terminology used in this subpart. 46 CFR Part 12 Authority Citations The Coast Guard proposes to revise the authorities listed for Part 12 by adding 46 U.S.C. 7303 through 7316. We are proposing this change to more clearly cite the statutory authority provided by Congress to promulgate regulations for all classifications of ratings endorsements with respect to standards of competency, training, and sea service. We are also updating the reference to DHS Delegation No. 00170.1, Revision No. 01.4, to reflect the most recent revision of this document. Subpart A—General Section 12.103—Incorporation by Reference. The Coast Guard proposes to redesignate paragraph (b)(1), previously reserved, as paragraph (b)(2). New paragraph (b)(1) would be added to incorporate by reference the 2017 Edition of the STCW Convention, which includes amendments through 2016. Redesignated paragraph (b)(2) would reference the 2017 Edition of the STCW Code, which include all amendments through 2016.17 Subpart I—Ratings and Personnel on a Passenger Ship When on an International Voyage The Coast Guard proposes revising the title of this subpart from ‘‘Crewmembers on a Passenger Ship on an International Voyage,’’ to ‘‘Ratings and Personnel on a Passenger Ship When on an International Voyage.’’ The proposed change would align with the purpose of this subpart, in accordance with the STCW Convention and the STCW Code. We propose making an editorial change to § 12.901; for § 12.905, we propose combining existing paragraph (a) introductory text and paragraph (a)(1) into paragraph (a) introductory text; redesignating existing paragraph (a)(2) as paragraph (b); adding new paragraphs (a)(1) through (a)(5); and redesignating existing paragraphs (b), (c), and (d) as paragraphs (c), (d) and (e) respectively. Proposed new paragraphs (a)(1) through (a)(5) would refer to the applicable paragraphs (1 through 5) of section A–V/2 of the STCW Code. The specific changes to § 12.905 are detailed below. 17 See section V, Discussion of Proposed Rule, 46 CFR part 11, subpart A, in this document for a description of the STCW Convention and the STCW Code. PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 52329 Section 12.905—General Requirements In revised paragraph (a) introductory text, we would replace the word ‘‘vessel’’ with ‘‘ship’’ to provide consistency of terminology used in this subpart and revise the text to clarify when and to whom the requirements apply. We would also move language from existing paragraph (a)(1) to paragraph (a) introductory text to detail the incorporation of the STCW Regulation V/2 and of section A–V/2 of the STCW Code. Revised paragraph (a) introductory text would read, ‘‘To serve on a passenger ship on an international voyage, before being assigned shipboard duties, personnel must meet the appropriate requirements in STCW Regulation V/2 and Section A–V/2 of the STCW Code (both incorporated by reference, see § 12.103) as follows:’’. Paragraph (a)(1) would be amended to specify that all personnel must have completed passenger ship emergency familiarization appropriate to their capacity, duties, and responsibilities. Paragraph (a)(1) would also refer to section A–V/2 paragraph 1 of the STCW Code.18 Passenger ship emergency familiarization proposed in paragraph (a)(1) would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and could be conducted on board the ship or in a shore-based location. Paragraph (a)(2) would be redesignated as paragraph (b). New paragraph (a)(2) would be added to include the requirement that personnel providing direct service to passengers in passenger spaces must have completed the passenger ship safety training. Paragraph (a)(2) would also refer to section A–V/2 paragraph 2 of the STCW Code.19 Passenger ship safety training proposed in paragraph (a)(2) would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and could be conducted on board the ship or in a shore-based location. Proposed new paragraph (a)(3) would add the requirement that ratings qualified under Chapters II, III, and VII of the STCW Convention and personnel designated on the muster list to assist passengers in an emergency situation onboard passenger ships must have completed approved or accepted training in passenger ship crowd management. Passenger ship crowd management training must be approved or accepted training in accordance with 18 See section V, Discussion of Proposed Rule, § 11.1105, in this document for a description of section A–V/2 paragraph 1 of the STCW Code. 19 See section V, Discussion of Proposed Rule, § 11.1105, in this document for a description of section A–V/2 paragraph 2 of the STCW Code. E:\FR\FM\21JNP2.SGM 21JNP2 52330 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 46 CFR part 10, subpart D. This paragraph would also refer to section A– V/2 paragraph 3 of the STCW Code.20 Proposed new paragraph (a)(4) would add the requirement that personnel designated on muster lists as having responsibility for the safety of passengers in emergency situations onboard passenger ships must have completed approved or accepted training in crisis management and human behavior. Crisis management and human behavior training must be approved or accepted training in accordance with 46 CFR part 10, subpart D. This paragraph would also refer to section A–V/2 paragraph 4 of the STCW Code.21 Proposed new paragraph (a)(5) would add the requirement that personnel assigned immediate responsibility for embarking and disembarking passengers, loading, discharging, or securing cargo, or closing hull openings onboard ro-ro passenger ships must have completed approved or accepted training in passenger safety, cargo safety, and hull integrity. Passenger safety, cargo safety, and hull integrity training must be approved or accepted training in accordance with 46 CFR part 10, subpart D. This paragraph would also refer to section A–V/2 paragraph 5 of the STCW Code.22 Redesignated paragraph (b) would be revised to require personnel completing the training described in paragraph (a) to hold documentary evidence of meeting these requirements. Redesignated paragraph (c) would be revised to update terminology used in this subpart and make other nonsubstantive changes. Paragraph (c) would also be revised to correct references to other revised paragraphs in this subpart for personnel who must provide evidence of having maintained the required standard of competence every 5 years. Redesignated paragraph (d) would be revised to update the paragraph reference which was redesignated from paragraph (b) to paragraph (c) and would be revised to replace the word ‘‘sea’’ with ‘‘relevant seagoing’’ to better describe the service needed to maintain the standard of competence. VI. Incorporation by Reference Material proposed for incorporation by reference appears in the proposed 20 See section V, Discussion of Proposed Rule, § 11.1105, in this document for a description of section A–V/2 paragraph 3 of the STCW Code. 21 See section V, Discussion of Proposed Rule, § 11.1105, in this document for a description of section A–V/2 paragraph 4 of the STCW Code. 22 See section V, Discussion of Proposed Rule, § 11.1105, in this document for a description of section A–V/2 paragraph 5 of the STCW Code. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 regulatory text for 46 CFR 11.102 and 12.103. The sections that reference these standards, and the locations and web addresses where these standards are available, are listed in those sections. The material incorporated by reference is summarized in this preamble in Section V, Discussion of Proposed Rule, under the discussions of §§ 11.102 and 11.1105. For information about how to view this material, see the ADDRESSES section of this preamble. Copies of the material are available from the sources listed in the proposed regulatory text for §§ 11.102 and 12.103. Before publishing a binding rule, we will submit this material to the Director of the Federal Register for approval of the incorporation by reference. Consistent with 1 CFR part 51 incorporation by reference provisions, this material is reasonably available. Interested persons have access to it through their normal course of business, may purchase it from the IMO identified in 46 CFR 11.102 or 12.103, or may view a copy by means we have identified in those sections. VII. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. A summary of our analyses based on these statutes or Executive orders follows. A. Regulatory Planning and Review Executive Orders 12866 (Regulatory Planning and Review), as amended by Executive Order 14094 (Modernizing Regulatory 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 costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Additionally, Executive Order 13609, ‘‘Promoting International Cooperation,’’ promotes the goal of Executive Order 13563. Executive Order 13609 targets international regulatory cooperation to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. As discussed in sections IV. Background, and V. Discussion of Proposed Rule, as a signatory to the STCW Convention, the United States is required to implement amendments to PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 the STCW Convention and the STCW Code through national regulations. 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. Accordingly, OMB has not reviewed it. A summary of the proposed rule’s impacts is presented below, and a more detailed discussion on the estimated costs and benefits of this proposed rule follows. The proposed rule would make the following changes, which would apply to all personnel serving on U.S.-flagged passenger ships: (1) Incorporate by reference the 2017 Edition of the STCW Convention and the STCW Code, to include amendments through 2016 in 46 CFR parts 11 and 12. (2) Add a new requirement for all personnel to complete passenger ship emergency familiarization appropriate to their capacity, duties, and responsibilities during an emergency. Personnel would have to complete the familiarization before being assigned to shipboard duties. The passenger ship emergency familiarization requirement would apply to all personnel, including masters, officers, and ratings qualified under Chapters II, III, and VII of the STCW Convention. This familiarization would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and could be conducted on board the ship or at a shore-based location. Mariners or ship operators should maintain documentation verifying that personnel have completed the passenger ship emergency familiarization. (3) Expand the applicability of the crowd management training requirement by adding ratings qualified under Chapters II, III, and VII of the STCW Convention to the current applicability of officers and personnel designated on the muster list to assist passengers in emergency situations. Currently, only masters, officers, and personnel designated on the muster list to assist passengers on board passenger ships in emergency situations must complete crowd management training. The Coast Guard considers the benefits and costs of the proposed rulemaking against the baseline, which is our best assessment of maritime affairs absent this proposed action. The Coast Guard does not have data on whether the U.S.-passenger-ship industry is currently in compliance with the training requirements in this proposal. Pursuant to 46 CFR 1.01– 10(f)(1), which authorizes the Coast Guard to supervise the administration of the manning of U.S. ships, PSC officers E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules and Coast Guard inspectors are currently verifying that mariners hold the appropriate credentials and have met the training required by the STCW Convention and the STCW Code, but are not tracking compliance with the requirements outlined in this proposed rule, since compliance is currently voluntary. While the Coast Guard believes it is possible that personnel may have already completed the required passenger ship trainings before the effective date of this proposed rule, due to a lack of data, we cannot assume compliance. Thus, for the purposes of this regulatory analysis, we assume personnel are not in compliance with the proposed training requirements, and we measure initial compliance costs in the first year of implementation. As a result, the Coast Guard estimates that the operating companies of U.S.-flagged passenger ships would incur undiscounted average annual costs of approximately $352,560, in 2021 dollars, from the passenger ship emergency familiarization requirements, and ratings qualified under Chapters II, III, and VII of the STCW Convention would incur undiscounted average annual costs of $21,185, in 2021 dollars, to comply with the crowd management training requirement. Taken together, 52331 the proposed rule would result in annualized costs to industry of approximately $375,707, and total costs of $3,374,817, in 2021 dollars, when discounted at 2 percent over a 10-year period of analysis. The Coast Guard believes the proposed rule would improve safety of life at sea by ensuring passenger ship personnel are equipped to assist passengers in an emergency and would also maintain the ability of passenger ships and mariners to operate in international markets. Table 1 provides a summary of the proposed rule’s applicability, affected population, potential costs, and benefits. TABLE 1—SUMMARY OF THE PROPOSED RULE’S IMPACTS Category Summary Applicability ..................... The proposed rule would apply to personnel serving on U.S.-flagged passenger ships that carry more than 12 passengers on international voyages. The proposed rule creates costs for 37 operating companies employing 1,080 mariners and other personnel and for 44 specified ratings serving on 50 U.S.-flagged passenger ships. Operating companies would incur undiscounted average annual costs of approximately $352,560 in 2021 dollars, from the passenger ship emergency familiarization requirements. Personnel with ratings qualified under Chapters II, III, and VII of the STCW Convention would incur undiscounted average annual costs of approximately $21,185, in 2021 dollars, in tuition, travel expenses, opportunity cost, and per diem to comply with the crowd management training requirements. Taken together, the proposed rule results in annualized costs to industry of approximately $375,707 and total costs of approximately $3,374,817 in 2021 dollars, when discounted at 2 percent over a 10-year period of analysis. This proposed rule creates no new costs for Government. The proposed rule aligns U.S. regulations with international standards and ensures the U.S. retains its status on the IMO’s ‘‘White List’’ which ensures that U.S.-flagged passenger ships avoid potential detainment or denial of entry in foreign ports and U.S. This ensures U.S.-flagged vessels and mariners retain the ability to operate in international markets. The proposed rule promotes international harmonization and reciprocity of maritime regulations between the U.S. and countries where the affected ships in this proposed rule may operate. This reciprocity promotes the safety of U.S. passengers who disproportionately cruise on foreign-flagged ships. The proposed rule promotes the safety of life at sea in the case of an emergency which may prevent the loss of life, reduce the risk of injury, and increase protection of property in the marine environment. Affected Population ......... Cost Impacts ................... Unquantified Benefits ...... Description of Regulatory Changes This proposed rule would result in multiple changes that have costs. First, the proposed rule would add passenger ship emergency familiarization requirements for officers, ratings, and personnel on passenger ships making international voyages. This training includes topics to familiarize personnel with the general safety features aboard the ship, the location of essential safety equipment, including life-saving appliances, the importance of personal conduct during the implementation of emergency plans, and restrictions on the use of elevators during emergencies. Passenger ship emergency familiarization also includes the requirement to communicate with passengers during an emergency, including the ability to communicate in the working language of the ship, including non-verbally communicating safety information, and understanding one of the languages in which emergency announcements may be broadcast on the ship during an emergency or drill. Second, the proposed rule would expand the applicability of crowd management training by requiring ratings qualified under Chapters II, III, and VII of the STCW Convention to complete this training. Currently, only officers and personnel designated on the muster list to assist passengers in emergency situations are required to complete this training. Table 2 lists and describes the changes we propose to make to 46 CFR parts 11 and 12, with their associated impacts. TABLE 2—PROPOSED CHANGES TO 46 CFR PARTS 11 AND 12 Section Description of Change Impact ddrumheller on DSK120RN23PROD with PROPOSALS2 Proposed Revisions to 46 CFR Part 11 Part 11 ................................. 11.102(a) .............................. 11.102(b) .............................. VerDate Sep<11>2014 18:27 Jun 20, 2024 Revises the authorities listed for part 11 by removing extraneous references related to Executive Order 10173 and updates the reference to DHS Delegation No. 00170.1, Revision No. 01.4, to reflect the most recent revision of this document. Edits paragraph (a) to remove CG–MMC and National Archives and Records Administration (NARA) phone numbers, as well as update the NARA website URL. Edits paragraph (b) introductory text to add IMO phone number, email, and website. Jkt 262001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. E:\FR\FM\21JNP2.SGM 21JNP2 52332 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules TABLE 2—PROPOSED CHANGES TO 46 CFR PARTS 11 AND 12—Continued Section Description of Change 11.102(b)(1), 11.102(b)(2) ... Amends paragraphs (b)(1) and (b)(2) to update the incorporation by reference of the STCW Convention, 2017 Edition, and specifies the paragraphs in 46 CFR part 11 affected by these amendments. Amends footnote 2 in Table 1 of each impacted section to add reference to the appropriate section of the STCW Code. This editorial change would not impose any costs or cost savings. Renumbers footnotes associated with Table 1 for greater consistency with other sections, and amends footnote 2 in Table 1 of this section to add reference to the appropriate section of the STCW Code. Removes the term ‘‘for officer endorsements’’ from the title to reflect that the Coast Guard does not issue endorsements in accordance with any of the requirements in this subpart. Merges paragraph (a)(1) into paragraph (a) introductory text. Replaces the word ‘‘vessel’’ with ‘‘ship’’ for consistency with the terminology used in this subpart, adds the text ‘‘before being assigned shipboard duties’’ and deletes the text ‘‘of this part’’ for clarity. Amends paragraph (a)(1) to add a new requirement for officers and personnel to complete a passenger ship emergency familiarization. Paragraph (a)(1)(i) is revised and redesignated as new paragraph (a)(3) to retain the requirement for crowd management training. This editorial change would not impose any costs or cost savings. 11.305, 11.307, 11.309, 11.311, 11.313, 11.315, 11.317, 11.319, 11.321, 11.325, 11.327, 11.331, 11.333. 11.329 .................................. 11.1105 ................................ 11.1105(a) ............................ 11.1105(a)(1) ....................... 11.1105(a)(2) ....................... 11.1105(a)(3) ....................... 11.1105(a)(4), 11.1105(a)(5) ddrumheller on DSK120RN23PROD with PROPOSALS2 11.1105(b), 11.1105(c), 11.1105(d), 11.1105(e). VerDate Sep<11>2014 18:27 Jun 20, 2024 Impact Continues renumbering of paragraphs in section 11.1105 for consistency with paragraph numbering in the STCW Code, and further clarifies that officers and personnel are required to comply with the STCW Code’s training requirements. Paragraph (a)(1)(i) is redesignated as paragraph (a)(3) to retain the requirement for crowd management training. Revisions include adding that training may be accepted, and adding ‘‘ratings qualified under Chapters II, III, and VII of the STCW Convention’’ as affected mariners to harmonize with changes in 46 CFR Part 12. Paragraph (a)(1)(iii) is redesignated as paragraph (a)(4) and paragraph (a)(1)(iv) is redesignated as paragraph (a)(5) to continue renumbering of paragraphs in section 11.1105 for consistency with the format of the five-tiered approach to training in the STCW Code and corresponding paragraph numbering to improve readability for readers familiar with the STCW Code. Paragraph (a)(2) is redesignated as paragraph (b), redesignates paragraph (b) as paragraph (c), redesignates paragraph (c) as paragraph (d), and redesignates paragraph (d) as paragraph (e). All are revised to reference the appropriate paragraph detailing training or evidence of training. Paragraph (d) deletes ‘‘sea’’ and adds ‘‘relevant seagoing’’ for consistency. Paragraph (e) changes ‘‘vessels’’ to ‘‘ships’’ and adds ‘‘Convention’’ after ‘‘STCW’’ for greater consistency with the terminology used in this subpart. Jkt 262001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This change would create new costs and benefits. Operating companies would incur initial-year costs of $390,941 (in undiscounted 2021 dollars) to comply with passenger ship emergency familiarization requirements. Affects 200 officers, 44 specified ratings, and 836 personnel serving on 50 U.S.-flagged passenger ships, with numbers declining in subsequent years due to ships exiting the industry. Benefits include enhanced passenger safety at sea in the case of an emergency which may prevent the loss of life, reduce the risk of injury, and increase protection of property in the marine environment. It also increases international harmonization of maritime regulation and allows the U.S. to maintain its status on the IMO’s ‘‘White List’’. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings since it is a revision of an existing requirement. The new costs associated with expanding crowd management training requirement to ratings qualified under Chapters II, III, and VII of the STCW Convention will be reflected in the changes to 46 CFR Part 12. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules 52333 TABLE 2—PROPOSED CHANGES TO 46 CFR PARTS 11 AND 12—Continued Section Description of Change Impact Proposed Revisions to 46 CFR Part 12 Part 12 ................................. 12.103(a) .............................. 12.103(b) .............................. 12.103(b)(1) ......................... 12.103(b)(2) ......................... 12.603 .................................. 12.605, 12.609, 12.611 ........ 12.901 .................................. 12.905(a) .............................. 12.905(a)(1) ......................... ddrumheller on DSK120RN23PROD with PROPOSALS2 12.905(a)(2) ......................... VerDate Sep<11>2014 18:27 Jun 20, 2024 Revises the authorities listed for part 12 by adding additional sections from 46 U.S.C. 7303–7316 to more clearly cite the statutory authority provided by Congress, and updates the reference to DHS Delegation No. 00170.1, Revision No. 01.4, to reflect the most recent revision of this document. Edits paragraph (a) to remove CG–MMC and NARA phone numbers, as well as update the NARA website URL and email. Edits paragraph (b) introductory text to add IMO phone number, email, and website. Redesignates paragraph (b)(1) as paragraph (b)(2) and adds a new paragraph (b)(1) to incorporate by reference the STCW Convention, 2017 Edition. Amends redesignated paragraph (b)(2) to update the incorporation by reference of the STCW Code, 2017 Edition, and updates the sections and paragraphs in 46 CFR Part 12 affected by these amendments. Amends footnotes 2 and 3 in Table 1 to § 12.3603(d) to add reference to the appropriate sections of the STCW Code. Amends footnote 2 in Table 1 to § 12.3605(c), § 12.3609(c), and § 12.3611(c) to add reference to the appropriate sections of the STCW Code. Revises the title of subpart I to better reflect the purpose of the subpart in accordance with the STCW Code. Changes the text ‘‘part’’ to ‘‘subpart’’ for consistency. Moves text from paragraph (a)(1) into paragraph (a) introductory text. Replaces the word ‘‘vessel’’ with ‘‘ship’’ for consistency with terminology used in this subpart and revises the text to specify when and to whom the requirements apply. Amends paragraph (a)(1) to add a requirement for all personnel to complete passenger ship emergency familiarization. Redesignates paragraph (a)(2) as paragraph (b). Adds new paragraph (a)(2) to specify that personnel providing direct service to passengers in passenger spaces must complete passenger ship safety training specified in section A–V/2 paragraph 2 of the STCW Code. This was an existing requirement but is now being specified for greater clarity and consistency with the five-tiered approach to training in the STCW Code. Jkt 262001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This change would create new costs and benefits. 37 operating companies would incur initial-year costs of $390,941 (in undiscounted 2021 dollars) to achieve compliance with passenger ship emergency familiarization requirements. Affects 200 officers, 44 ratings, and 836 personnel serving on 50 U.S.-flagged passenger ships, with numbers declining in subsequent years due to ships exiting the industry. Benefits include enhanced passenger safety at sea in the case of an emergency which may prevent the loss of life, reduce the risk of injury, and increase protection of property in the marine environment. It also increases international harmonization of maritime regulation and allows the U.S. to maintain its status on the IMO’s ‘‘White List’’. This editorial change would not impose any costs or cost savings. E:\FR\FM\21JNP2.SGM 21JNP2 52334 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules TABLE 2—PROPOSED CHANGES TO 46 CFR PARTS 11 AND 12—Continued Section Impact 12.905(a)(3) ......................... Adds new paragraph (a)(3) to require ratings qualified under Chapters II, III, and VII of the STCW Convention and personnel designated on the muster list to assist passengers in emergency situations to complete crowd management training. 12.905(a)(4) ......................... Adds new paragraph (a)(4) to specify that personnel designated on the muster list as having responsibility for the safety of passengers in emergency situations must complete training in crisis management and human behavior. This was an existing requirement but is now being specified for greater clarity and consistency with the five-tiered approach to training in the STCW Code. Adds new paragraph (a)(5) to specify that personnel assigned immediate responsibility for embarking and disembarking passengers, loading, discharging, or securing cargo, or closing hull openings onboard roro passenger ships must complete training in passenger safety, cargo safety, and hull integrity. This was an existing requirement but is now being specified for greater clarity and consistency with the fivetiered approach to training in the STCW Code. Redesignates paragraph (a)(2) as paragraph (b) and revises text of paragraph (b) to clarify that personnel must retain documentary evidence of training completion. This was an existing requirement but is now being specified for greater clarity and consistency with the STCW Code. Redesignates paragraph (b) as paragraph (c), redesignates paragraph (c) as paragraph (d), redesignates paragraph (d) to paragraph (e), and revises text to reference the correct paragraphs outlining training requirements and evidence of training. Paragraph (d) is updated to remove ‘‘sea’’ and add ‘‘relevant seagoing’’ for consistency. 12.905(a)(5) ......................... 12.905(b) .............................. 12.905(c), 12.905(d), 12.905(e). ddrumheller on DSK120RN23PROD with PROPOSALS2 Description of Change Affected Population This proposed rule would have two affected populations that would incur costs: (1) operating companies with U.S.-flagged passenger ships; and (2) ratings qualified under Chapters II, III, and VII of the STCW Convention serving on the same ships. The Coast Guard analyzed data from the Marine Information for Safety and Law Enforcement (MISLE) database to determine the number of U.S.-flagged passenger ships that carry more than 12 passengers on international voyages and VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 This change would create new costs and benefits. Ratings qualified under Chapters II, III, and VII of the STCW Convention would incur average annual costs of $21,185 (in undiscounted 2021 dollars). More specifically, we estimate ratings will incur $65,185 (in undiscounted 2021 dollars) in the first year to comply with crowd management training requirements and then incur an average of $16,296 (in undiscounted 2021 dollars) in annually recurring costs to train new ratings due to turnovers. Affects 44 specified ratings serving on 50 U.S.-flagged passenger ships in the first year of implementation, with decreasing numbers every year after. See table 3 for details on turnovers. Benefits include enhanced passenger safety at sea in the case of an emergency which may prevent the loss of life, reduce the risk of injury, and increase protection of property in the marine environment. It also increases international harmonization of maritime regulation and allows the U.S. to maintain its status on the IMO’s ‘‘White List’’. In addition, this ensures U.S. mariners meet international standards and maintain their ability to serve on foreign-flagged ships. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. This editorial change would not impose any costs or cost savings. to determine the number of unique owners and operators.23 We determined that there are 50 U.S.-flagged passenger ships owned by 37 operating companies that would incur the costs of providing passenger ship emergency familiarization to the officers, ratings, and personnel aboard their ships. Unlike most STCW Convention and 23 The Coast Guard used MISLE to provide data on all active (inspected by definition) U.S.-flagged passenger vessels that carry over 12 passengers on international voyages as defined by their SOLAS certification and route type. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 STCW Code training requirements, it would be incumbent upon the owners and operators of these passenger ships to provide this training, since it is shipspecific and is given on board prior to assuming duties. To determine the number of officers, ratings, and personnel impacted by the proposed passenger ship emergency familiarization requirements, as well as the number of ratings qualified under Chapters II, III, and VII of the STCW Convention who would be subject to the proposed crowd management training E:\FR\FM\21JNP2.SGM 21JNP2 52335 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules ship.25 Accordingly, we determined that 1,080 personnel [(100 officers + 22 specified ratings + 418 additional personnel) × 2 mariners per ship] would be subject to the proposed training requirements.26 Specifically, the passenger ship emergency requirements, the Coast Guard used additional data from the MISLE database.24 The Coast Guard reviewed the certificate of inspection for all 50 U.S.-flagged passenger ships in the affected ship population and reviewed the manning requirements for each familiarization requirement would affect 1,080 personnel (200 officers + 44 specified ratings + 836 personnel), and the expanded applicability of crowd management training requirements would affect the 44 ratings. See table 3. TABLE 3—COUNTS OF MARINERS IN THE AFFECTED POPULATION Number of officers Number of specified ratings Number of additional personnel Total mariners Crew 1 ......................................................................................... Crew 2 ......................................................................................... 100 100 22 22 418 418 540 540 Total ...................................................................................... 200 44 836 1,080 Additionally, we utilized historical ship population data from 2012 to 2021 to estimate growth rates within the industry, and subsequent changes to the ship and mariner population into the future. After examining the changes in ship population over time, the Coast Guard determined that the population of U.S.-flagged passenger ships is facing a gradual decline despite apparent growth in the foreign-flagged fleet. While linear growth rates are typically preferred, we determined that a linear decline that would eventually reach zero is an unrealistic picture of the changing dynamics of the ship population. Instead, a logarithmic decline that gradually levels off according to the formula for the trend line y = ¥10.93ln(x) + 70.614 more accurately portrays the industry because logarithmic functions are best used to project slow rates of decline, and trend towards a number without reaching zero. This rate of decline is reflected in Figure 1. However, for the purposes of this analysis, we estimate that the U.S.flagged ship population will decrease by one ship each year, which is the closest whole number to the average annual change in population over the next 10 years of analysis. Therefore, we estimate that the continuous decrease in the affected mariner population is equivalent to the manning requirements of a ship exiting service each year. Figure 1: Logarithmic Rate of Ship Population Decline Logarithmic Rate of Ship Population Decline 80 70 ·-IB 60 Vl :fl > b,_ 50 40 (lJ .o 30 E ~ 20 10 0 2013 Next, we reviewed the manning requirements for the 50 U.S.-flagged passenger ships to derive the average manning requirement and thereby estimate the decrease in mariners and 24 MISLE was accessed on September 9, 2021. to 46 U.S.C. Subtitle II, Part F: Manning of Vessels, manning requirements refer to requirements generally for the number of 25 According VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 2014 2015 2016 2017 2018 2019 2020 2021 personnel each year. The affected population of 50 U.S.-flagged passenger ships is comprised of 3 categories of ships: 3 passenger vessels of 100 or more gross tons (46 CFR Subchapter H), 9 small passenger vessels of less than 100 gross tons carrying more than 150 passengers or with overnight accommodations for more than 49 passengers (46 CFR Subchapter K), and individuals required, qualifications and conditions of employment, and duties; for masters and other licenses and registered individuals; for pilots; for unlicensed personnel; for small vessels; for tank vessels; and for pilotage on the Great Lakes. 26 For each passenger ship, we assume two individuals to serve in each billet, to account for the rotational nature of shipboard employment. PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\21JNP2.SGM 21JNP2 EP21JN24.001</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 2012 52336 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules 38 small passenger vessels of less than 100 gross tons (46 CFR Subchapter T). The average crew size for each of the categories of vessels and the entire population is displayed in Table 4. TABLE 4—AVERAGE COUNTS OF MARINERS BY CATEGORY OF PASSENGER VESSEL IN THE AFFECTED POPULATION Average officers Vessel category Average additional personnel Passenger Vessels of 100 or More Gross Tons ............................................................. Passenger Vessels Carrying More Than 150 Passengers or With Overnight Accommodations for More Than 49 Passengers ................................................................... Passenger Vessels of Less Than 100 Gross Tons ........................................................ 8 7 40 3 1 0 0 20 3 Total (Across Entire Population) 27 ........................................................................... 2 1 8 Based on this data, the Coast Guard estimates that the average ship in the population carries 11 mariners (2 officers, 1 specified rating, and 8 personnel) and operates with 2 crews that would be subject to the proposed requirements. The Coast Guard assumes that, as ships subject to the proposed requirements exit the fleet, mariners will have less opportunity to serve aboard these ships and leave the affected population. Because we do not know which category of vessel may exit the affected population in a given year, we elect to use the overall population average rather than the specific estimates for the subcategories of ships to account for mariner exit in the affected population. We believe that, since the majority of the affected population is made up of smaller ships (38 of the 50 affected ships), this overall average which tends toward a smaller ship is most representative. Therefore, we estimate that each exiting ship would result in 22 fewer personnel subject to the proposed training requirements (4 officers, 2 specified ratings, and 16 personnel across 2 crews). The Coast Guard requests comments on the accuracy of our assumptions related to ship and mariner exit. Mariner Turnover ddrumheller on DSK120RN23PROD with PROPOSALS2 Average ratings In any given year, there will be turnover in the mariner population and some credentialed mariners will choose to exit the industry. The turnover rate is the number of mariners who leave the industry and will need to be replaced by mariners with an MMC. Because the Coast Guard does not issue passenger ship endorsements, we cannot estimate the turnover rate from existing data. Instead, the Coast Guard uses the turnover rate derived for the ‘‘Persons in Charge of Fuel Transfers’’ final rule (PIC 27 These totals are calculated from the full affected population of vessels. For example, 200 officers divided by 50 ships leads to an average of 2 officers per ship. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 rule), published on May 27, 2020 (85 FR 31677) as an approximation for the turnover rate for this rule.28 In that rule, the Coast Guard estimated that, in any given year, 32.55 percent of the population that was eligible to renew a specific MMC endorsement would not do so. The PIC rule utilized data from the National Maritime Center (NMC) for individuals obtaining MMCs with issue dates from April 2009 to March 2020 and expiration dates from August 2009 to March 2025. In the data from NMC, every MMC issued and every mariner has a unique identifying number such that sorting by mariner reference number shows all the MMCs for that mariner. We then cleaned the data and applied a formula that marks each MMC as either renewed, not renewed, or ineligible to renew. We marked any MMC with an expiration date after July 18, 2019 (when the data was downloaded) as ineligible to renew. Otherwise, we assumed an MMC is renewed if the issue date is within 2,190 days of the previous MMC’s issue date. The period of 2,190 days is equivalent to 6 years (6 years × 365 days in a standard calendar year), which represents the validity period of 5 years plus a year-long grace period wherein a mariner cannot use the expiring MMC but could renew that MMC without having to retake the required formal training from the beginning. If there was no new MMC issued by March 2015, we assumed that the mariner left the marine industry or otherwise no longer requires an MMC (turned over) in 2015. We then tabulated how many MMCs in each calendar year were eligible to renew, how many of those eligible were renewed, and how many of those eligible were not renewed to produce a turnover percentage as discussed. The PIC rule utilized a 3-year average of turnover rates to arrive at the calculated 28 https://www.federalregister.gov/documents/ 2020/05/27/2020-11366/person-in-charge-of-fueltransfers (last visited 3/15/2024). PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 turnover rate. This rate assumes that any mariner lost to turnover in a given year is replaced by a mariner with an original MMC, in order to maintain a stable population of mariners able to serve the total population of vessels. We believe this turnover rate is a good approximation for the turnover rate in our population, because the MMC endorsement in the PIC rule has similar requirements for qualification, including similar prerequisites such as Basic and Advanced Firefighting training. The Coast Guard requests comments on the accuracy of our assumption that the estimated PIC turnover rate is similar to the passenger ship turnover rate. Therefore, in a similar manner, for this proposed rule, we assume that any mariner lost to annual turnover would be replaced by a mariner with the same credentials at this rate. This methodology ensures a stable population of mariners able to serve the total population of active ships. Because we propose, in part 12.905(d), that the standard of competence in crowd management can be maintained through evidence of 1 year of sea service within the last 5 years, employing this turnover rate allows us to capture the number of new ratings entering service who would require crowd management training. This turnover rate is applied only to ratings, because this group of mariners can be replaced by those who have a newly issued original MMC, as noted above, and will be required to complete this training. Together, in subsequent years, we expect to see decreasing numbers of mariners seeking to meet the proposed requirements of this rule. Table 5 outlines the number of officers, ratings, and personnel we estimate would be required to complete passenger ship emergency familiarization and crowd management training over the next 10 years of analysis. E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules 52337 TABLE 5—MARINERS NEEDING PASSENGER SHIP EMERGENCY FAMILIARIZATION AND CROWD MANAGEMENT TRAININGS DUE TO TURNOVER AND SHIP POPULATION DECLINE Year Officers in population 29 Ratings in population 30 Personnel in population 31 Number of personnel needing passenger ship emergency familiarization each year (a) (b) (c) (d) = (a + b + c) 1 ..................................................................... 2 ..................................................................... 3 ..................................................................... 4 ..................................................................... 5 ..................................................................... 6 ..................................................................... 7 ..................................................................... 8 ..................................................................... 9 ..................................................................... 10 ................................................................... Columns (a), (b), and (c) describe the decrease in overall mariner population each year due to ships being retired from service, estimated at approximately one ship per year. Column (d) provides a running total of personnel who will be required to take passenger ship emergency familiarization each year before assuming shipboard duties. Finally, column (e) describes the total number of ratings who would seek crowd management training due to turnover within the mariner population. Since we assume that mariners are currently not in compliance with the Section A– V/2 of the STCW Code, the total is the full population of ratings in year 1, with only new ratings completing training due to turnover in subsequent years. Costs ddrumheller on DSK120RN23PROD with PROPOSALS2 The Coast Guard has considered the additional costs of the proposed rulemaking against the baseline. Specifically, we have considered whether there are compliance costs to operating companies and personnel aboard the ships, as well as enforcement 29 Officers in population values are equal to the previous row value minus 4 (2 officers each across 2 crews) as a result of 1 vessel exiting the industry each year. 30 Ratings in population values are equal to the previous row value minus 2 (1 ratings each across 2 crews) as a result of 1 vessel exiting the industry each year. 31 Personnel in population values are equal to the previous row value minus 16 (8 personnel each across 2 crews) as a result of 1 vessel exiting the industry each year. 32 Rounded to the nearest whole number. The first row in this column is an exception and should not be calculated with the provided (e) = (b) × 32.55% formula because all ratings would need to seek crowd management training in the first year of analysis. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 200 196 192 188 184 180 176 172 168 164 44 42 40 38 36 34 32 30 28 26 836 820 804 788 772 756 740 724 708 692 costs to the Federal government associated with the proposed rulemaking. First, the proposed rule would add passenger ship emergency familiarization requirements for officers, ratings, and personnel on passenger ships making international voyages. These costs would be incurred by operating companies in the ship population. Second, the proposed rule would expand the applicability of crowd management training by requiring ratings qualified under Chapters II, III, and VII of the STCW Convention to complete this training. Currently, only officers and personnel designated on the muster list to assist passengers in emergency situations are required to complete this training. The Coast Guard believes that there may be existing ratings qualified under Chapters II, III, and VII of the STCW Convention with duties on the muster list, which already requires them to complete crowd management training. However, for the purposes of our analysis, due to a lack of data, we assume that all qualified ratings in the affected population would need to complete crowd management for the first time as a result of this proposed rule. The Coast Guard requests comment on the validity of this assumption. While these changes to training requirements would create new costs for operating companies and ratings qualified under Chapters II, III, and VII of the STCW Convention, the Coast Guard does not anticipate that this rulemaking would create added enforcement costs to the Federal government. We estimate that Coast Guard inspectors currently need 5–10 minutes to verify training documents PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 Number of ratings seeking crowd management training due to turnovers 32 (e) = (b) × 32.55% 1,080 1,058 1,036 1,014 992 970 948 926 904 882 44 14 13 12 12 11 10 10 9 8 during a PSC inspection, and that this proposal would not add to the time and resources expended under the current requirements. Passenger Ship Emergency Familiarization and Crowd Management Trainings The proposed rule would require officers, ratings, and personnel to complete the passenger ship emergency familiarization and expand the applicability of crowd management training to include ratings qualified under Chapters II, III, and VII of the STCW Convention. Discussions with subject matter experts (SMEs) from CG– MMC and personnel at local Coast Guard inspections offices reveal that we are currently unable to determine whether the U.S. passenger ship industry is in compliance with the training requirements of the STCW Convention because compliance is voluntary and not required to be recorded during an inspection. Therefore, for the purposes of this analysis, we assume that everyone in the affected population would need to comply with the proposed passenger ship emergency familiarization and crowd management training requirements. We request public comment as to the actual percentage of the affected population that is in compliance with the 2016 training requirements. The following section estimates the initial first-year compliance costs and the future recurring compliance costs associated with the proposed rulemaking. E:\FR\FM\21JNP2.SGM 21JNP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 52338 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules Cost of Passenger Ship Emergency Familiarization Passenger ship emergency familiarization is conducted on board when personnel report for duty and would include topics to familiarize personnel with the general safety features aboard the ship, the location of essential safety equipment, including life-saving appliances, the importance of personal conduct during the implementation of emergency plans, and restrictions on the use of elevators during emergencies. Passenger ship emergency familiarization also includes the requirement to communicate with passengers during an emergency, including the ability to communicate in the working language of the ship, including non-verbally communicating safety information, and understanding one of the languages in which emergency announcements may be broadcast on the ship during an emergency or drill. Because this training is ship-specific and given before personnel are assigned to shipboard duties, we assume that operating companies incur the costs of these required trainings. Costs are based on the opportunity cost of time of personnel required to complete the training. The Coast Guard assumes that a mariner serving at management level aboard the ship gives the familiarization training to crewmembers. According to 46 CFR 10.107, management level refers to the level of responsibility associated with (1) serving as master, chief mate, chief engineer officer or second engineer officer onboard a seagoing ship; and (2) ensuring that all functions within the designated area of responsibility are properly performed. We believe mariners at this level to be most qualified to provide this training, given that this training is meant to be specific to the ship on which the mariners serve. The Coast Guard requests comment on this assumption and whether another individual would be more likely to provide this training. Based on input from SMEs and Coast Guard inspectors from local offices with oversight in the operating areas of the ships, the Coast Guard estimates that this training requires 4 hours per individual. In addition, we assume that it requires half this time, or 2 hours, for a management level officer to prepare to deliver the training. We make this assumption as they are responsible for shipboard management and familiar with the areas required to be included in the passenger ship emergency familiarization training. Given the relatively small size of the average ship VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 in the affected population and the shipspecific knowledge of the management level officers on board, we assume that 2 hours would be sufficient development and preparation time for both initial and subsequent training offerings. The Coast Guard requests comment on the accuracy of our assumptions related to the time to prepare for and deliver passenger ship emergency familiarization training. To compute the opportunity cost of time of the affected population to complete passenger ship emergency familiarization training, we use the U.S. Bureau of Labor Statistics’ (BLS) Occupational Employment Statistics occupational series, ‘‘53–5021 Captains, Mates, and Pilots of Water Vessels,’’ under North American Industry Classification System (NAICS) 483100— Deep Sea, Coastal, and Great Lakes Water Transportation to estimate the hourly mean wage rate for officers, which is $46.02 in 2021 dollars.33 Similarly, we use BLS occupational series, ‘‘53–5011 Sailors and Marine Oilers,’’ to estimate the mean wage rate for ratings, which is $28.07 in 2021 dollars.34 Finally, we use ‘‘53–6061 Passenger Attendants’’ to estimate the mean wage rate for personnel, which is $24.26 in 2021 dollars.35 Next, we apply a load factor to these wage rates to determine the total compensation of officers, ratings, and personnel more accurately. We calculate a load factor of 1.48 (1.4756 rounded up) from the BLS’s Employer Costs of Employee Compensation December 2021 release.36 We then multiply the hourly wage rates by this load factor. Therefore, we find the loaded hourly wage rate of an officer is $68.11 ($46.02 × 1.48), the loaded hourly wage rate of a rating is $41.54 ($28.07 × 1.48), and the loaded hourly wage rate of personnel is $35.90 ($24.26 × 1.48). Because all personnel must receive this training each time they report for duty, we assume that the training would be delivered to the entire population of personnel each year. In addition, we 33 https://www.bls.gov/oes/2021/may/ oes535021.htm (last visited 6/3/2024). 34 https://www.bls.gov/oes/2021/may/ oes535011.htm (last visited 6/3/2024). 35 https://www.bls.gov/oes/2021/may/ oes536061.htm (last visited 6/3/2024). 36 We obtained a total compensation estimate of $33.57 and the wages and salaries estimate of $22.75 for private industry workers for the transportation and material moving occupational group from Table 4 of the Employer Costs for Employee Compensation—December 2021 release at https://www.bls.gov/news.release/archives/ecec_ 03182022.pdf (last visited 6/3/2024). This allowed us to determine a load factor of 1.475 ($33.47/ $22.75) that we could apply to the mean hourly wage rate to obtain an estimate for total compensation for an officer and rating. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 assume that this new training will be delivered at a quarterly frequency on average, in line with other trainings required for mariners serving on Subchapter T and K vessels according to CFR 46 185.420 and 122.420, respectively. This means that, in the first year, 200 officers, 44 specified ratings, and 836 personnel across 2 crews (assuming each crew serves 6 months on average) would need to take this training twice, for a total of 8 training hours per mariner. Additionally, 1 management level officer would need to prepare to deliver the training and document completion of the training for personnel aboard their ship twice for each crew, meaning 100 officers (1 officer delivering the training twice for each crew across 50 ships) would need to spend 4 hours preparing to deliver the training in the first year, 0.166 hours (10 minutes) of which would be used to document training completion. The Coast Guard requests comment on the accuracy of our assumptions surrounding the frequency of this training. Therefore, in the first year of implementation, we estimate that operating companies would incur costs of $390,941 in undiscounted 2021 dollars, rounded. This is the sum of 200 officers taking the training twice for a total of 8 hours at a loaded wage rate of $68.11 (200 × 8 × $68.11 = $108,976), 44 specified ratings taking the training twice for a total of 8 hours at a loaded wage rate of $41.54 (44 × 8 × $41.54 = $14,622.08), 836 personnel taking the training twice for a total of 8 hours at a loaded wage rate of $35.90 (836 × 8 × $35.90 = $240,099.20), and 100 officers preparing to deliver and document completion of the training twice for a total of 4 hours at a loaded wage rate of $68.11 (100 × 4 × $68.11 = $27,244. Costs to the population of operating companies would decrease over time as ships exit the industry at an estimated rate of one per year. The Coast Guard estimates that the average ship in the population carries 11 mariners (2 officers, 1 specified rating, and 8 personnel) and operates with 2 crews that would be subject to the proposed requirements. The Coast Guard assumes that, as ships subject to the proposed requirements exit the fleet, mariners serving on those ships would also exit the affected population and would no longer be subject to the proposed training requirements. Therefore, we estimate that each exiting ship would result in 22 fewer personnel subject to the proposed training requirements (4 officers, 2 specified ratings, and 16 personnel), and this is reflected in the calculations. Over the 10 years of E:\FR\FM\21JNP2.SGM 21JNP2 52339 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules analysis, we estimate that operating companies would incur average annual costs of $352,560 and total costs of $3,525,602, in undiscounted 2021 dollars. Table 6 describes the cost impacts of the passenger ship emergency familiarization requirements over the next 10 years of analysis. TABLE 6—UNDISCOUNTED COSTS OF THE PASSENGER SHIP EMERGENCY FAMILIARIZATION REQUIREMENT OVER 10 YEARS OF ANALYSIS Officers giving training Officers taking training Ratings taking training Personnel taking training Officer loaded wage Rating loaded wage Personnel loaded wage Hours to take training Hours to prepare and document training (a) (b) (c) 37 (d) (e) (f) (g) (h) (i) 1 ................................................ 2 ................................................ 3 ................................................ 4 ................................................ 5 ................................................ 6 ................................................ 7 ................................................ 8 ................................................ 9 ................................................ 10 .............................................. Average .............................. 100 98 96 94 92 90 88 86 84 82 ................ 200 196 192 188 184 180 176 172 168 164 ................ 44 42 40 38 36 34 32 30 28 26 ................ 836 820 804 788 772 756 740 724 708 692 ................ $68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 ................ $41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 ................ $35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 ................ 8 8 8 8 8 8 8 8 8 8 ................ 4 4 4 4 4 4 4 4 4 4 .................... $390,941 382,412 373,883 365,354 356,825 348,296 339,767 331,237 322,708 314,179 352,560 10-Year Total .............. ................ ................ ................ ................ ................ ................ ................ ................ .................... 3,525,602 Year Total cost (j) = [(a × e × i) + (b × e × h) + (c × f × h) + (d × g × h) Note: Totals may not sum due to rounding. Cost of the Crowd Management Trainings The crowd management training requirement would apply to the 44 specified ratings across 2 crews in the affected mariner population for the first year of implementation. In subsequent years, only a fraction of the mariner population would need to seek crowd management training, due to a declining ship population and employee turnover.38 The cost of attending a crowd management course includes tuition, travel expenses, opportunity cost of time, and meal and incidental expenses (M&IE), which would be incurred by the affected ratings qualified under Chapters II, III, and VII of the STCW Convention. (a) Tuition and Opportunity Cost of Attendance There are currently approximately 25 Coast Guard-approved training providers offering crowd management training. Because crowd management is an existing training requirement, we do not assume any new costs to training providers to develop crowd management courses and obtain Coast Guard approval of these courses. The websites of seven training centers provide detailed information on the length and tuition for the course. According to this data, the duration of a crowd management course ranges from 4 to 8 hours to complete, for an average of 5.17 hours. As a result, we estimate that ratings would take 1 day, on average, to complete the course. Tuition ranges from $90 to $400, for an average cost of $219. Table 7 provides an overview of the available crowd management courses with associated costs and hours, while table 8 describes the estimated undiscounted cost for an individual rating to take crowd management training. ddrumheller on DSK120RN23PROD with PROPOSALS2 TABLE 7—COAST GUARD APPROVED TRAINING CENTERS CURRENTLY OFFERING CROWD MANAGEMENT TRAINING COSTS Training center Website 39 Alaska Vocational Technical Center .... Captain School USVI ........................... Chesapeake Marine Training Institute Maritime Professional Training ............ Maritime Institute ................................. Quality Maritime Training, LLC ............ https://avtec.edu/maritime/courses/crowd-management-alavtc-142/ ................ https://www.captainschoolusvi.com/ .................................................................... https://www.chesapeakemarineinst.com/cmti-course/crowd-management/ ...... https://www.mptusa.com/course-details/crowd-management-course-155 ........ https://maritimeinstitute.com/course/crowd-management/ ................................ https://qualitymaritimetraining.com/courses/all-courses/crowd-management/ .... $90.00 250.00 200.00 199.00 400 195.00 4.0 N/A 4.0 8.0 7.0 4.0 Resolve Maritime Academy ................. Average ........................................ https://resolveacademy.com/course/crowd-management/ ................................ ............................................................................................................................ 199.00 219 4.0 5.17 37 The 32.55 percent turnover rate for ratings discussed in the mariner turnover section is not reflected here because the emergency familiarization training will be given each year when reporting for duty. Except for those mariners leaving the population due to ships exiting the market, we assume that the number of ratings will VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 be constant each year in order to fully meet the manning requirements of the ships remaining in the affected population. 38 See table 4 for more specifics on the numbers of ratings who would seek crowd management training over the next 10 years of analysis. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 Cost 39 All Hours 40 websites accessed March 15, 2023. all training providers indicated the length of course time on their websites. Those not providing the length of their offered crowd management course are indicated with an N/A in the Hours column. 40 Not E:\FR\FM\21JNP2.SGM 21JNP2 52340 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules is not possible to accurately replicate TABLE 8—OPPORTUNITY COST OF TIME FOR RATINGS TO COMPLETE A this methodology in this analysis. Due to this lack of data, we have determined CROWD MANAGEMENT COURSE Loaded wage rate Hours Total Opportunity cost of crowd management course (a) (b) (c) = (a) × (b) $41.54 ....... 8 $332 ddrumheller on DSK120RN23PROD with PROPOSALS2 Note: Totals may not sum due to rounding. (b) Travel Distribution To estimate the cost of travel and the opportunity cost of travel time, we assume varying modes of travel for mariners getting to and from approved training based on the distribution of travel modes, derived in table 16 of CG– MMC Policy Letter 01–21: Guidelines for Qualifying for STCW Endorsements for Basic and Advanced IGF Code Operations cost analysis.41 We reflect the same percentages in this NPRM as in the policy letter by assuming that 20 percent would drive to the training center and return the same day, 46 percent would drive and stay 2 nights, and 34 percent would fly and stay 2 nights.42 The percentages used in CG– MMC Policy Letter 01–21 derived from the distance required to travel to the nearest training provider for each mariner based on the ZIP Code associated with their credential and the ZIP Codes associated with the training provider locations. The policy letter utilized a random sample of 100 mariners with STCW endorsements involving the International Code of Safety for Ships Using Gases or Other Low Flashpoint Fuels (IGF Code) travelling to training centers offering relevant IGF Code training courses. In that analysis, we determined that 20 mariners would commute to the nearest training provider (or live less than 85.4 miles from a training provider), 46 would drive to the nearest training provider and lodge overnight (or live between 85.4 miles and 583.5 miles from a training provider), and 34 would fly to the nearest training provider and lodge overnight (or live greater than 583.5 miles from a training provider). Because there is no specific endorsement for the population of mariners affected by this proposed rule (mariners serving on small passenger ships making international voyages), it 41 https://www.regulations.gov/document/USCG2020-0181-0002. Similar methodology was also used in the Towing Vessel Firefighting Training Appendix A, published on October 3, 2023, (88 FR 67966), available at: https://www.regulations.gov/ document/USCG-2020-0492-0013. 42 Id. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 to use the percentages as they appear in CG–MMC Policy Letter 01–21. We acknowledge that this creates uncertainty surrounding our cost estimates related to travel for this specific population of mariners. The Coast Guard requests public comment on our decision to use these predetermined rates of travel for this cost analysis. We use the same methodology from CG–MMC Policy Letter 01–21 to estimate the thresholds and opportunity costs for travel among the affected population. Using updated data, the Coast Guard estimates that mariners who live or reside less than 93.9 miles from a training provider would commute to the closest site without lodging or utilizing overnight accommodations. We base this assumption on a report titled, ‘‘Commuting in America (2): The National Report on Commuting Patterns and Trends,’’ from the American Association of State Highway and Transportation Officials, which posits that Americans, on average, are willing to spend up to a maximum of 90 minutes commuting to work each way.43 This report, which used data from the American Community Survey, illustrates that approximately 97.5 percent of American commuters spent 90 minutes (1.5 hours) or less commuting to work.44 To convert 90 minutes into a distance, we calculate an average driving speed using data from the Department of Transportation (DOT’s) National Highway Traffic Safety Administration’s report, ‘‘National Traffic Speeds Survey III: 2015.’’ 45 43 The American Association of State Highway and Transportation Officials conducted the report in 2013 and used Census Bureau data in the report. Please see Figure 11–13 on page 16 to obtain the travel distribution time to work in minutes. Readers can access the report at https://transportation.org/ traveltrends/commuting-in-america/brief-13-11commuting-departure-time-and-trip-time/. Last accessed March 12, 2024. 44 The American Community Survey is an ongoing survey by the U.S. Census Bureau. It regularly gathers information pertaining to demographics and housing characteristics of U.S. households. More information on this survey can be found at: https://www.census.gov/programssurveys/acs/about.html (last visited 6/3/2024). For information on ‘‘mega-commuting’’ refer to footnote 29 or this brochure from the ACS: https:// www.census.gov/content/dam/Census/library/ working-papers/2013/demo/SEHSD-WP2013-03.pdf (last visited 6/3/2024). 45 In order to convert this to distance, we take the mean total of table 12’s Speed by Road Type and Time of Day estimates from 2015 to get at average road speed of 62.6 miles per hour. This information can be found in table 12 using the ‘‘Download Document’’ link for Publication No. DOT HS 812 485 (March 2018) at this website: https:// PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 From this report, we take the mean speed from the three road classes across the five time periods provided. We obtain an average speed of 62.6 mph. We then multiply the average speed of these three road classes by 1.5 hours (90 minutes) to obtain our commuting distance threshold of 93.9 miles (62.6 mph × 1.5 hours). The next threshold we estimated is the distance at which a mariner would choose to drive to the training provider and lodge for the duration of the training before returning to their place of residence. To determine this distance, we establish a range by calculating the minimum and maximum distances for this threshold. The minimum distance at which mariners would drive and lodge during training must be equal to the threshold established by those mariners commuting: 93.9 miles (188 miles round trip). The National Household Travel Survey estimates that 94.3 percent of Americans travel by personal vehicle when making round trips of less than 500 miles.46 We use this distance of 500 miles as the lower bound of our maximum distance threshold. To estimate the upper bound of our maximum distance threshold, we reference data from the Office of Airline Information report, ‘‘Average Length of Haul, Domestic Freight and Passenger Modes (Miles),’’ which calculated the average domestic passenger flight length of 944 miles (1,888 miles round trip) in 2021.47 We use this average domestic passenger flight statistic because it reflects a distance at which the average American prefers flying over other modes of transportation when traveling from one location to another. Additionally, to validate the value of an 1,888 miles round trip, we reference the National Household Travel Survey rosap.ntl.bts.gov/view/dot/35961 (last visited 6/3/ 2024). 46 The BTS conducted the National Household Travel Survey in 2001, and it was last updated in May of 2017. Please see table 4, ‘‘Percent of LongDistance Trips by Mode and Roundtrip Distance’’ to obtain the travel distance distribution of trips by miles and travel mode. Readers can access the table at: https://www.bts.gov/archive/publications/high lights_of_the_2001_national_household_travel_ survey/table_04. The table was accessed on September 13, 2022. 47 The Office of Airline Information at the BTS collects air freight and domestic passenger summary data. This office divides revenue passenger miles by revenue passenger enplanements to calculate the average length of passenger trips. To find the average length of a domestic flight, please see table 1–38, ‘‘Average Length of Haul, Domestic Freight and Passenger Modes (Miles)’’ and refer to cell AM:13. Readers can access the table at: https://www.bts.gov/content/ average-length-haul-domestic-freight-andpassenger-modes-miles. The table was accessed on March 12, 2024. E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules data. A round-trip distance of 1,888 miles is close to the 2,000 plus miles round-trip distance category used by the National Household Travel Survey. For trips of over 2,000 miles round trip, 22.2 percent of Americans would travel by car and 74.8 percent would travel by flying. We then average our lower and upper bounds for the maximum distance threshold to obtain an average maximum distance of 1,194 miles [(500 miles + 1,888 miles) ÷ 2], or 597 miles one-way. Therefore, the Coast Guard determines that, beyond 583.4 miles 52341 between a mariner’s place of residence and the training provider they attended, mariners would choose to fly and lodge instead of drive and lodge. Table 9 displays the distance thresholds for all three choices of transportation. TABLE 9—MODES OF TRAVEL AND TRAVEL DISTANCE THRESHOLDS Travel distance (one-way) threshold for a mariner to reach their nearest training provider denoted by x Travel choice Commute .................................................................................................. Drive and Lodge ....................................................................................... Fly and Lodge ........................................................................................... (c) Opportunity Cost of Travel Time for Mariners After determining the travel mode thresholds, the Coast Guard then determined the costs associated with each mode of travel. A mariner incurs an opportunity cost during the time they spend traveling to the closest training provider. To calculate these costs, we utilized the commuting distances and times calculated in CG–MMC Policy Letter 01–21. The policy letter calculated that the average commuter faces a 61.2-mile round trip, and those driving and lodging face approximately a 498.8-mile round trip.48 Next, we calculated the wages associated with the opportunity cost of travel. To calculate these costs, we took x < 93.9 miles. 93.9 miles ≤ x ≤ 597 miles. x > 597 miles. estimated that it would take mariners the equivalent of an entire workday (8 hours) to fly to a training provider and fly back to their place of residence. This estimate encompasses the time necessary to travel to and from the airport, to go through security, wait for boarding, time on the tarmac, time inflight, and the time to go through baggage claim upon arrival. For each travel mode, we multiplied the mean hourly loaded wage rate by the average commuting time, and the days traveling and the distribution of travel mode to arrive at the weighted opportunity cost of travel for a mariner. Table 10 displays the opportunity cost of time for each mode of transportation for an individual mariner. the mean hourly loaded wage rate for a rating taking a crowd management course, $41.54, and multiplied it by the time required to travel to and from the closest training provider. For mariners commuting, it would take an average round-trip time of approximately 0.98 hours to commute to a training provider [the average round-trip distance divided by the average mean road class speed (61.2 miles round trip ÷ 62.6 mph)]. Similarly, we performed this calculation for those mariners driving and lodging to get an average round-trip time of about 7.97 hours (498.8 ÷ 62.6 mph). However, mariners driving and lodging would be traveling only half the roundtrip distance, or 3.99 hours, twice (on the day of arrival and the day of departure). Lastly, the Coast Guard TABLE 10—WEIGHTED AVERAGE OF OPPORTUNITY COST OF TIME USED BY MODE OF TRANSPORTATION PER MARINER Mode of travel Commuting time per day (hours) Days traveling Loaded hourly wage for a deck officer Percent of mariners who travel Total opportunity cost (sum of columns) (a) (b) (c) (d) = (a) × (b) × (c) × (d) Flying to Training Provider ....................................... Driving to Training Provider and Lodging ................ Commuting to Training Provider .............................. 8 3.99 0.97 2 2 1 $41.54 41.54 41.54 34.00 46.00 20.00 $226 152 8 Average Total Opportunity Cost of Travel for a Mariner for Crowd Management Training ..... ........................ ........................ ........................ ........................ 387 Note: Totals may not sum due to rounding. ddrumheller on DSK120RN23PROD with PROPOSALS2 (d) Fuel Costs If a mariner chooses to commute or chooses to drive and lodge for the duration of the training, they would incur the costs associated with the use of their own personal vehicle to travel to and from the training provider. The U.S. General Services Administration (GSA) sets the mileage reimbursement 48 The calculations for average trip distances were obtained from page 31 of the CG–MMC Policy Letter 01–21: Guidelines for Qualifying for STCW VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 rate for federal employees who use their privately owned vehicle (POV) for official government travel and to present this information in a single standard mileage rate. The GSA also conducts reviews of travel costs on an annual basis to determine the mileage reimbursement rate by factoring in the costs of the following: the price of gasoline and oil, depreciation of the original vehicle cost, the costs of maintenance and insurance, and state and Federal taxes. The GSA approximates the POV mileage reimbursement rate to be $0.56 per mile Endorsements for Basic and Advanced IGF Code Operations cost analysis. See https:// www.regulations.gov/document/USCG-2020-01810002 (last visited 6/3/2024). PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\21JNP2.SGM 21JNP2 52342 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules in 2021.49 To calculate the fuel costs for mariners commuting and not lodging, we multiplied this reimbursement rate by the number of days a mariner commutes by the average round-trip distance calculated for commuting, 61.2 miles. We used this same method when calculating the costs for mariners driving and lodging, with the difference being that they spend the equivalent of 1 day when completing their round-trip distance of 498.8 miles. Therefore, a mariner would incur a fuel cost of about $34.27 ($0.56 × 61.2 miles × 1 day) when commuting and $279.33 ($0.56 × 498.8 miles × 1 day) when driving to and lodging near a training provider. A mariner traveling by air would need to pay for round-trip airfare and transport fare to and from the airport. Using data from the Bureau of Transportation Statistics (BTS), we estimate the average unadjusted roundtrip airfare to be $307 in 2021.50 To calculate the cost of transport, we refer to the costs of round-trip airport transfer in the 2006 interim rule, Validation of Merchant Mariners’ Vital Information and Issuance of Coast Guard Merchant Mariner’s Licenses and Certificates of Registry, published January 13, 2006 (71 FR 2154), or $50. We inflate this value using the 2021 4th Quarter and the 2006 4th Quarter Gross Domestic Product (GDP) implicit price deflator values of 112.848 and 84.770, respectively.51 After dividing the values, we obtain a factor of approximately 1.331. We multiply this value by $50 to obtain a transfer cost of approximately $66.55, in 2021 dollars. Table 11 presents the average fuel and transfer costs associated with ratings completing a crowd management course. TABLE 11—WEIGHTED AVERAGE FUEL AND TRANSFER COSTS FOR A RATING TAKING CROWD MANAGEMENT COURSE Mode of travel Fuel cost/ ticket cost Transport fare to and from airport Percent of mariners who travel Average cost to mariner (a) (b) (c) = [(a) + (b)] × (c) Flying and lodging ............................................................................... Driving and lodging .............................................................................. Commuting ........................................................................................... $307.00 279.33 34.27 $66.55 0 0 34 46 20 $127 128 7 Weighted Average Fuel Cost for a Mariner taking Crowd Management Training ...................................................................... ........................ ........................ ........................ 262 Note: Totals may not sum due to rounding. (e) Meal and Incidental Expense (M&IE) Rates and Lodging Costs Mariners incur M&IE during training and travel days, and mariners not commuting incur lodging expenses during training days. To estimate these costs, we utilize the GSA 2021 general travel per diem rates of $55 for a full day and $41.25 for first and last day, calculated at 75 percent of the full day rate.52 We also utilize the general lodging rates provided by GSA for 2021 and a calculated average lodging tax rate for 2021 from the 2021 HVS Lodging Tax Report—USA,53 to arrive at average lodging costs of $102.09 per night.54 We assume that those who choose to drive or fly would spend 2 nights (arrival and training day) in a hotel, which costs $102.09 per night, for a total of $204.18. Accordingly, personnel who commute to a training center would incur $41.25, while personnel who drive or fly would spend about $137.50 ((2 days × $41.25) + (1 day × $55)) on meals and incidentals. Table 12 presents the weighted average cost breakdown by mode of transportation. TABLE 12—WEIGHTED AVERAGE MARINERS INCUR M&IE AND LODGING COSTS (UNDISCOUNTED) FOR RATINGS TAKING CROWD MANAGEMENT COURSE ddrumheller on DSK120RN23PROD with PROPOSALS2 Mode of travel Lodging costs M&IE Percent of mariners who travel Total cost (a) (b) (c) = [(a) + (b)] × (c) Flying and lodging ............................................................................... Driving and lodging .............................................................................. Commuting ........................................................................................... $204.18 204.18 0.00 $137.50 137.50 41.25 34.00 46.00 20.00 $116.17 157.17 8.25 Weighted Average MI&E and Lodging Costs ............................... ........................ ........................ ........................ 282 49 The GSA mileage rate data is available at https://www.gsa.gov/travel/plan-book/transpor tation-airfare-rates-pov-rates/privately-ownedvehicle-pov-rates/pov-mileage-rates-archived. We used the rate per mile rate of $0.56 for January 1, 2021. 50 To view the annual average price of a roundtrip airfare for 2021 in unadjusted dollars, visit the link at: https://www.bts.dot.gov/newsroom/2021annual-average-domestic-air-fares-remain-stable #:∼:text=The%202021%20annual%20average %20domestic,collecting%20such%20records% 20in%201995 (last visited 6/3/2024). VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 51 U.S. Bureau of Economic Analysis, Gross Domestic Product: Implicit Price Deflator [GDPDEF], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/ GDPDEF, March 6, 2024. 52 GSA per diem rates can be found here: https:// www.gsa.gov/about-us/newsroom/news-releases/ fy2021-per-diem-rates-for-federal-travelersreleased-08142020 (last visited 6/3/2024). See https://www.gsa.gov/travel/plan-and-book/perdiem-rates/faqs#15, reference FAQ #15, for information on calculating first and last travel day M&IE per diem. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 53 https://www.hvs.com/article/9160-2021-hvslodging-tax-report-usa (last visited 6/3/2024). 54 The lodging cost includes lodging tax. According to the GSA, the standard lodging rate for 2021 was $96. See https://www.gsa.gov/about-us/ newsroom/news-releases/fy2021-per-diem-rates-forfederal-travelers-released-08142020. The average lodging tax rate was 6.34%, which can be found here: https://www.hvs.com/article/9160-2021-hvslodging-tax-report-usa. These websites were accessed on September 13, 2022. Thus, lodging cost per night is estimated to be $102.09 [($96 per night × 6.34% = $6.09 tax) + $96]. E:\FR\FM\21JNP2.SGM 21JNP2 52343 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules 0.083 hours (5 minutes) to record that personnel serving on passenger vessels are trained as required by Regulation V/ 2 of the STCW Convention. Given that this proposed rule expands the applicability of the crowd management training to ratings qualified under Chapters II, III, and VII of the STCW Convention, and that other STCW Convention and STCW Code trainings are already required to be recorded, we assume this documentation would not create additional costs. The Coast Guard requests comment on the validity of this assumption. (f) Documentation Costs It is the responsibility of the operating companies who are obligated by STCW Convention Regulation I/14, ‘‘Responsibilities of Companies,’’ to ensure that documentation relevant to personnel training is maintained and readily accessible. According to the information collection request, Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International Convention (OMB Control Number 1625–0079), it currently takes a technical specialist (g) Total Cost to Mariners Taking Crowd Management Training We estimate the total undiscounted annual costs for mariners required to take a crowd management course by adding the totals costs in tables 7, 8, 8, 9, and 10 and then multiplying by the affected population in table 5. We estimate the total undiscounted 10-year cost to be $211,850, and the undiscounted average cost to be $21,185 in 2021 dollars. Table 13 describes the total undiscounted costs for mariners taking a crowd management course over the next 10 years of analysis. TABLE 13—TOTAL UNDISCOUNTED COSTS FOR MARINERS TAKING A CROWD MANAGEMENT COURSE Year Mariners required to take training course Total opportunity cost of travel Total fuel costs Average MI&E & lodging costs Opportunity cost of time of taking course Tuition costs Total costs (a) (b) (c) (d) (e) (f) = [a × (b + c + d + e + f)] 1 ............................................................ 2 ............................................................ 3 ............................................................ 4 ............................................................ 5 ............................................................ 6 ............................................................ 7 ............................................................ 8 ............................................................ 9 ............................................................ 10 .......................................................... 44 14 13 12 12 11 10 10 9 8 $387 387 387 387 387 387 387 387 387 387 $262 262 262 262 262 262 262 262 262 262 $282 282 282 282 282 282 282 282 282 282 $332 332 332 332 332 332 332 332 332 332 $219 219 219 219 219 219 219 219 219 219 $65,185 20,741 19,259 17,778 17,778 16,296 14,815 14,815 13,333 11,852 Average .......................................... Average (Years 2–10) .................... 10-Year Total ................................. ........................ ........................ ........................ ........................ ........................ ........................ .................... .................... .................... .................... .................... .................... ........................ ........................ ........................ .................... .................... .................... 21,185 16,296 211,850 Note: Totals may not sum due to rounding. Likewise, table 14 describes the total cost to industry (operating companies and ratings qualified under Chapters II, III, and VII of the STCW Convention) of the proposed rulemaking. Operating companies would incur the costs of the proposed passenger ship emergency familiarization, while the ratings who would be required to take the crowd management course under the proposed expanded applicability would incur those related costs. The Coast Guard estimates that the annualized total cost to industry over the next 10 years of analysis would be $375,707, in 2021 dollars, when discounted at 2 percent. TABLE 14—TOTAL COST TO INDUSTRY OF THE PROPOSED RULEMAKING OVER A 10-YEAR PERIOD OF ANALYSIS [2021 dollars] Passenger ship emergency familiarization costs ddrumheller on DSK120RN23PROD with PROPOSALS2 Year Crowd management training costs for ratings qualified under STCW chapters II, III, and VII Total cost Discounted (2%) 1 ............................................................................................................. 2 ............................................................................................................. 3 ............................................................................................................. 4 ............................................................................................................. 5 ............................................................................................................. 6 ............................................................................................................. 7 ............................................................................................................. 8 ............................................................................................................. 9 ............................................................................................................. 10 ........................................................................................................... $390,941 382,412 373,883 365,354 356,825 348,296 339,767 331,237 322,708 314,179 $65,185 20,741 19,259 17,778 17,778 16,296 14,815 14,815 13,333 11,852 $456,126 403,153 393,142 383,132 374,602 364,592 354,581 346,052 336,042 326,031 $447,182 387,498 370,467 353,954 339,289 323,747 308,684 295,352 281,185 267,459 Total ................................................................................................ Annualized ...................................................................................... .............................. .............................. .................................... .................................... 3,737,452 .................... 3,374,817 $375,707 Note: Totals may not sum due to rounding. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\21JNP2.SGM 21JNP2 52344 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules Standards Incorporated by Reference (IBR)-Related Changes Proposed IBR-related changes refer to the sections in 46 CFR parts 11 and 12 that would be revised to incorporate the 2017 Edition of the STCW Convention and the STCW Code. See Section V, Discussion of Proposed Rule, in this preamble. In themselves, the IBR-related changes do not impose any cost on the regulated industry. Table 2 describes each IBR-related change in the proposed rule and provides explanations for the no-cost determinations. ddrumheller on DSK120RN23PROD with PROPOSALS2 Costs to Government Coast Guard inspectors are currently requesting mariner credentials and training records related to the STCW Convention and the STCW Code, but they are not tracking compliance with the requirements outlined in this proposed rule since compliance is currently voluntary. We estimate that verifying the training documents currently would require 5–10 minutes per vessel. We do not anticipate this rulemaking to add to the time and resources currently necessary to verify training certificates as part of an inspection. Accordingly, the proposed rulemaking has no new costs to the Government. Benefits The Coast Guard anticipates that the proposed rule would improve the safety of life at sea in the case of an emergency by ensuring that ship personnel are familiar with safety features, emergency equipment and procedures, basic communication, and crowd management techniques. This is important so that the ship’s personnel would be able to assist passengers, including elderly and disabled individuals, during an emergency. The consequences of the loss of a ship from the affected population are potentially catastrophic. While there are no examples of major accidents in the affected population of U.S.-flagged ships, the Costa Concordia disaster in the foreign fleet provides some insight into the how costly improper emergency management can be. On January 13, 2012, the Costa Concordia, an Italian passenger ship operating in the Mediterranean Sea with 3,206 passengers and 1,023 crewmembers on board, struck a reef off the Italian coastline. The incident resulted in the loss of 32 lives (27 passengers and 5 crewmembers), injury to 157 others, and the total loss of the ship. In the ensuing accident report,55 the Italian Ministry of Infrastructures 55 See footnote 8. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 and Transports concluded that multiple factors contributed to the injuries and loss of life. Some of these factors included delayed management of the emergency response and evacuation process, inconsistencies in assignment of duties, communication issues due to the different backgrounds of passengers and crewmembers, and passenger confusion over which personnel employed on passenger vessels were trained to assist in an emergency.56 While other factors certainly contributed to the loss of life and injury in this maritime disaster, it is evident that clearly communicated emergency procedures and experience with crowd management could have aided both crew and passengers in responding to the emergency occurring onboard their ship. Both U.S.-flagged ships and ships in the foreign-flagged fleet (where U.S. passengers disproportionately travel) can expose passengers and crew to greater risk of loss of life and injury. While we have not conducted a risk analysis on the U.S.-flagged ship population related to the training provisions in this proposed rule due to a lack of data, we can estimate the costs associated with loss of life and ship in the population. We utilized data from the National Vessel Documentation Center to estimate $809,500 as the median price of a U.S.-flagged passenger ship.57 In addition, we reviewed the manning requirements for all 50 ships in the ship population to derive the average manning requirement and maximum number of passengers. Based on this data, we estimate that the average ship in the population can carry 11 mariners (2 officers, 1 specified rating, and 8 personnel) and 120 total passengers at one time. In order to estimate the benefit of preventing a fatality, we utilize the Value of a Statistical Life (VSL) estimate of $11.8 million for analyses, using a base year of 2021.58 The VSL is defined as the additional cost that individuals would be willing to bear for improvements in safety (that is, reductions in risks) that, in the aggregate, reduce the expected number of fatalities by one. This conventional terminology has often provoked misunderstanding on the part 56 Ibid at 159. median price is utilized here due to significant outliers on the upper bound of vessel valuations. The mean price is weighted upward by the inclusion of 4 large ships with valuations of $500,000,000, which is atypical for the relatively small size ships in the population. 58 For more information on the VSL, see the DOT guidance located at https://www.transportation.gov/ office-policy/transportation-policy/reviseddepartmental-guidance-on-valuation-of-astatistical-life-in-economic-analysis (last visited 3/ 12/2024). 57 The PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 of both the public and decisionmakers. What is involved is not the valuation of life, as such, but the valuation of reductions in risks. For example, a VSL of $11.8 million does not mean that a specific human life is worth $11.8 million but is, instead, meant to measure the willingness to pay for reductions in only small risks of premature death (say, $118 for a risk of 1 in 100,000). This approach to valuation of mortality risks is endorsed by OMB Circular A–4, which provides guidance to Federal agencies on the development of regulatory analysis.59 In the event of a total loss of ship and life due to lack of emergency training and procedure, we estimate losses totaling $809,500 from loss of ships and $1.5 billion from loss of life,60 per ship lost. Beyond the costs associated with a catastrophic loss, it should be noted that the United States is required to implement amendments to the STCW Convention and the STCW Code through national regulations. Failure to meet our treaty obligation to fully implement the STCW Convention could cause the United States to lose its status on the IMO White List. The White List distinguishes administrations that are in full compliance with the STCW Convention and the STCW Code. Loss of this status could cause U.S. ships to be subject to more rigorous PSC inspections in foreign ports, including possible detainment or denial of entry, resulting in potential revenue losses. Additionally, U.S. mariners could be ineligible to serve on foreign-flagged passenger ships. Hence, by aligning national regulations with the STCW Convention and the STCW Code, the proposed rule would ensure that owners and operators of U.S.-flagged ships, as well as U.S. mariners, are able to operate in international markets. Further, there is an additional benefit in the promotion of international harmonization and reciprocity of maritime regulation. This proposed rule advances Executive Order 13609, ‘‘Promoting International Cooperation,’’ which targets international regulatory cooperation to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. By promoting harmonization of international maritime safety regulations, the United States ensures that our ships comply with international standards and meet the regulations of foreign countries while 59 https://www.whitehouse.gov/wp-content/ uploads/2023/11/CircularA-4.pdf. 60 Loss of life is calculated as $1,545,800,000 [($11.8 million × 131 people (11 crew members and 120 passengers)], rounded. E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules our ships are in their waters, while also promoting higher baseline safety standards for foreign-flagged ships that often carry U.S. passengers. ddrumheller on DSK120RN23PROD with PROPOSALS2 Alternatives Considered As a party to the STCW Convention, the United States is obligated to implement all amendments into domestic law. The United States proposed and supported these amendments, recognizing the enhanced safety measure as desirable. This proposed rule would codify the STCW Convention and the STCW Code, including amendments through 2016. As a signatory to the STCW Convention, the United States must ensure compliance with its treaty obligations through full implementation of amendments to the STCW Convention and the STCW Code. The STCW Convention is not self-implementing; therefore, the Coast Guard does not have discretion and must issue regulations to implement these requirements. Failure to meet the treaty obligations could cause the United States to lose status on the IMO’s ‘‘White List,’’ which distinguishes administrations that are in full compliance with the STCW Convention and the STCW Code. Because the Coast Guard must implement the training requirements outlined in the 2016 amendments and does not propose to implement any discretionary requirements as a part of this proposed rule, we have not examined any alternatives to the proposed rule. B. Small Entities Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601–612, we have considered the impact of this proposed rule on 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. An Initial Regulatory Flexibility Analysis discussing the impact of this proposed rule on small entities addresses the following as required under section 603(b) of the RFA: (1) A description of the reasons why action by the agency is being considered; (2) A succinct statement of the objectives of, and legal basis for, the proposed rule; (3) A description of and, where feasible, an estimate of the number of small entities to which the proposed rule will apply; (4) A description of the projected reporting, recordkeeping, and other VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 compliance requirements of the proposed rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; (5) An identification, to the extent practicable, of all relevant Federal rules that may duplicate, overlap, or conflict with the proposed rule; and (6) A description of any significant alternatives to the proposed rule that accomplish the stated objectives of applicable statutes and that minimize any significant economic impact of the rule on small entities. 1. A description of the reasons why action by the agency is being considered. The growth of foreign flagged passenger ships as a vacation destination has resulted in the launching of consistently larger ships and subsequent concerns over passenger safety. Passenger ship travel requires passengers to feel assured of their safety, regardless of where the ship originates or hails. Typically, passengers are only on board these ships for a short time, and seldom have maritime experience, so they rely on the ship’s crew to assist them in emergency situations. In emergency situations, it may be impossible for passengers to identify which crewmembers are trained to assist them in an emergency. Such situations pose risks to life, health, and safety, as well as damage to property and the marine environment. The IMO has worked to address these risks, leading to amendments in 2016 to the STCW Convention and the STCW Code to ensure that passenger ship personnel are familiar with the safety features, emergency equipment and procedures, basic communication, and crowd management techniques in order to assist passengers, including elderly and disabled individuals, during an emergency. The United States is a signatory to the STCW Convention and must ensure compliance with its treaty obligations through full implementation of the STCW Convention and the STCW Code. The STCW Convention is not selfimplementing. The Coast Guard must issue regulations to implement these requirements. The Coast Guard issued CG–MMC Policy Letter 02–21 to advise owners and operators of U.S. passenger ship operating companies of the requirements of the STCW Convention and the STCW Code. However, if the Coast Guard does not issue regulations to implement these requirements, they are not enforceable, and there is a risk that U.S. ships could be denied entry to or detained in foreign ports, that U.S. PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 52345 mariners could be ineligible to serve on foreign-flagged ships, and that operating companies, personnel, and, we believe, the passengers would be at higher risk for loss of ship, serious injury, or loss of life as the result of an emergency for which mariners and personnel were unprepared. 2. A succinct statement of the objective of, and legal basis for, the proposed rule. The legal basis of this proposed rule is title 14 U.S.C. 102(3), which 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. More specifically, 46 U.S.C. 7101 authorizes the Secretary of DHS to prescribe the requirements for credentialing, and 46 U.S.C. 7306 and 7313 authorize the prescription of requirements for ratings. The Secretary of DHS has delegated these statutory authorities to the Coast Guard through DHS Delegation No. 00170.1(II)(92)(e), Revision No. 01.4, which generally authorizes the Coast Guard to determine and establish the experience and professional qualifications required for the issuance of credentials. 3. A description of and, where feasible, an estimate of the number of small entities to which the proposed rule will apply. As described in section VII A, Regulatory Planning and Review, in this document, there would be two affected populations of the proposed rule: (1) operating companies that would incur the costs of the proposed required passenger ship emergency familiarization, and (2) ratings qualified under Chapters II, III, and VII of the STCW Convention who would need to complete a crowd management course. Ratings qualified under Chapters II, III, and VII of the STCW Convention are individuals and not entities; as such, the second affected population does not contain any small entities. We focus the attention of this analysis on the operating companies of U.S.-flagged passenger ships. Of the 50 ships in the affected ship population, there are 37 operating companies. Of these 37 operating companies: • 2 are governmental jurisdictions with populations over 50,000, neither of which is classified as a small entity; • 1 is a non-profit organization, and is classified as a small entity; • 34 are private companies, of which 2 are not classified as small businesses, 20 are classified as small businesses, and 13 could not be classified because information could not be found on those E:\FR\FM\21JNP2.SGM 21JNP2 52346 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules 13 businesses. For the purpose of this analysis, we classify those 13 businesses, where information could not be found, as small entities. We researched the number of employees and revenue of these companies using proprietary and public business databases. Then we measured company size data using the SBA business size standards to assess how many companies in this industry may be small entities. The SBA provides business size standards for all sectors of the North American Industry Classification System (NAICS).61 Our analysis of the available company information revealed 10 primary NAICS codes. Table 15 displays the NAICS codes of the small businesses found in our sample. TABLE 15—NAICS CODES OF IDENTIFIED SMALL BUSINESSES Title NAICS code ddrumheller on DSK120RN23PROD with PROPOSALS2 Scenic and Sightseeing Transportation, Water ............................................... Inland Water Passenger Transportation ......................................................... All Other Amusement and Recreation Industries ............................................ Tour Operators ................................................................................................ Site Preparation Contractors ........................................................................... New Single-family Housing Construction (Except For-Sale Builders) ............ Hotels (except Casino Hotels) and Motels ...................................................... Boat Dealers .................................................................................................... All Other Transit and Ground Passenger Transportation ............................... Count of small businesses 48721005 48321201 71399021 56152007 23891061 23611505 721110 44122215 48599906 Revenue Impacts of the Proposed Rule. To determine the impacts of the proposed rule on small operating companies, we used information on revenue or employee size as available on business directory websites. As discussed in the ‘‘Cost to Industry’’ section of the regulatory analysis, we estimate that there is a population of 50 ships that would be subject to this rule in the first year of implementation, with an estimated population decline of 1 ship per year in subsequent years. There are 37 unique owners and operators of the affected ships employing 1,080 officers, ratings, and personnel subject to the proposed passenger ship emergency familiarization requirements, 33 of which are considered small entities. The Coast Guard was able to find revenue data on 20 of those 33 small entities, allowing us to analyze estimated impacts. We estimate that 4 hours is the time needed for officers, ratings, and personnel to complete the proposed passenger ship emergency familiarization. In addition, a management level officer would need approximately 2 hours to prepare to deliver the passenger ship emergency familiarization aboard each ship for each crew. We assume there are 2 crews per vessel to account for the rotational nature of shipboard employment, and that each crew (serving an average of 6 months on board each ship) will take the training twice per year in line with other quarterly training requirements as outlined in 46 CFR 185.420 and § 122.420. Thus, we multiply the estimated training and training preparation hours by 2 to capture the quarterly frequency of training per year. The loaded hourly wage rate of officers, ratings, and personnel are $68.11, $41.54, and $35.90 respectively. Because all officers, ratings, and additional personnel are required to participate in emergency familiarization training, the Coast Guard needed to determine the number of officers, ratings, and personnel impacted by the proposed passenger ship emergency familiarization requirements. To determine this, we reviewed the certificate of inspection for all 27 U.S.flagged passenger ships in the affected ship population owned by entities with available revenue data and reviewed the manning requirements for each ship. We then added the total officers, ratings, and additional personnel for each ship owned by each entity and multiplied by 2 to account for both crews on each ship. After determining the total affected personnel for each entity, we then calculate undiscounted first-year 61 https://www.sba.gov/sites/default/files/202306/Table%20of%20Size%20Standards_ Effective%20March%2017%2C%202023 %20%282%29.pdf (last visited 6/3/2024). VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 SBA size standard type 6 4 3 2 1 1 1 1 1 Revenue ........ Employee ....... Revenue ........ Revenue ........ Revenue ........ Revenue ........ Revenue ........ Revenue ........ Revenue ........ SBA size threshold $14,000,000 550 $9,000,000 $25,000,000 $19,000,000 $45,000,000 $40,000,000 $40,000,000 $19,000,000 costs (in 2021 dollars) for each impacted small entity in the affected population with known revenue data[(number of officers delivering training × 4 preparation hours × $68.11 hourly wage) + (number of officers × 8 training hours × $68.11 hourly wage) + (number of specified ratings × 8 training hours × $41.54 hourly wage) + (number of additional personnel × 8 training hours × $35.90 hourly wage)]. We then divide the calculated first-year cost by the small entity’s revenue to find the level of impact on the affected small entity. For example, for owner or operator ‘‘A’’ in column 1, we estimate undiscounted first-year costs of $13,490.40 [(8 officers × $68.11 officer wage × 8 training hours) + (0 ratings × $41.54 rating wage × 8 training hours) + (28 additional personnel × $35.90 personnel wage × 8 training hours) + (4 officers delivering training × $68.11 officer wage × 4 training preparation hours)]. We then find the estimated level of impact on owner or operator ‘‘A’’ of 0.76 percent by dividing the calculated first-year cost by its revenue obtained from public business databases ($13,490.40 ÷ $891,000 = 1.56%). See Table 16 for the calculations of first-year costs and impacts on small entities in the affected population. E:\FR\FM\21JNP2.SGM 21JNP2 VerDate Sep<11>2014 A .................................................. B .................................................. C ................................................. D ................................................. E .................................................. F .................................................. G ................................................. H ................................................. I ................................................... J .................................................. K .................................................. L .................................................. M ................................................. N ................................................. O ................................................. P .................................................. Q ................................................. R ................................................. S .................................................. T .................................................. Owner or operator 62 2 3 1 1 3 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 Number of ships 8 8 2 2 6 4 4 4 4 6 2 2 4 4 4 4 4 4 2 4 Officers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ratings 28 14 10 10 12 4 4 8 8 8 8 4 12 10 10 12 12 10 2 6 Additional personnel Officers delivering training (2 per ship) 4 6 2 2 6 2 2 2 2 6 2 2 2 2 2 2 2 2 2 2 $68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 68.11 Officer wage $41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 41.54 Rating wage $35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 35.90 Additional personnel wage Training hours 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Training preparation hours $13,490.40 10,014.48 4,506.64 4,506.64 8,350.32 3,873.20 3,873.20 5,022.00 5,022.00 7,201.52 3,932.24 2,783.44 6,170.80 5,596.40 5,596.40 6,170.80 6,170.80 5,596.40 2,209.04 4,447.60 Total cost $891,000.00 2,184,000.00 1,313,000.00 8,000,000.00 15,400,000.00 534,000.00 31,124,000.00 744,000.00 298,000.00 2,184,000.00 19,481,000.00 1,649,000.00 149,000.00 149,000.00 337,000.00 149,000.00 236,343,000.00 649,000.00 2,400,000.00 149,000.00 Owner or operator revenue 1.51 0.46 0.34 0.06 0.05 0.73 0.01 0.68 1.69 0.33 0.02 0.17 4.14 3.76 1.66 4.14 0.00 0.86 0.09 2.98 Percent impact TABLE 16—ESTIMATED FIRST-YEAR IMPACT OF THE EMERGENCY FAMILIARIZATION TRAINING FOR AFFECTED SMALL ENTITIES WITH KNOWN REVENUE DATA ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules 18:27 Jun 20, 2024 Jkt 262001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\21JNP2.SGM 21JNP2 52347 52348 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules For this proposed rule, the Coast Guard considers an impact of greater than 1 percent (.01) of a small entity’s annual revenue to be a significant impact. Table 17 shows the distribution of revenue impacts on the small entities affected by this proposed rule. In addition to the less than 1 percent threshold, which indicates no significant impact, we also include the 1-to-3 percent threshold indicating significant impact, and a greater than 3 percent threshold showing even greater impacts on affected small entities. The Coast Guard estimates that 7 small entities, or 35 percent of the population with known revenue, would incur significant impacts, with 3 of those small entities incurring impacts greater than 3 percent of their annual revenue. TABLE 17—DISTRIBUTION OF REVENUE IMPACTS Small entities with known revenue Percent of revenue impact ddrumheller on DSK120RN23PROD with PROPOSALS2 <1 ................................................................................................................................................................. 1–3 ............................................................................................................................................................... >3 ................................................................................................................................................................. 4. A description of the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirements and the type of professional skills necessary for preparation of the report or record. This proposed rule would call for a revised collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. This proposed rule would revise the current information collection, Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International Convention, OMB Control Number: 1625–0079. Under the existing OMB Control Number 1625–0079, the Coast Guard collects information from owners and operators of U.S.-flagged passenger ships, and ratings and officers serving on these ships, as well as from training centers. The proposed rule would add additional collection of information requirements to this existing collection of information in order to implement the STCW Convention and the STCW Code. These additional collection of information requirements would: (1) require the operating companies of U.S.flagged passenger ships that carry 12 passengers or more on international voyages to provide documentary evidence that all personnel serving on these ships have completed a passenger ship emergency familiarization, and (2) require documentary evidence that required personnel have completed crowd management training for ratings serving on U.S.-flagged passenger ships that carry 12 passengers or more on international voyages. The additional collection of information in the proposed rule would ensure that mariners have completed training necessary to comply with the STCW Convention and the STCW Code and adequately assist passengers in the event of an emergency. The additional collection of information is also needed to demonstrate to the IMO that the United States, as a signatory to the STCW Convention, has met the obligation to implement requirements through national regulations. The additional collection of information in this proposed rule would affect an estimated 33 small entities. These entities are owners and operators of ships carrying 12 or more passengers on international voyages who employ officers, ratings, and personnel required to complete passenger ship emergency familiarization. According to the current collection of information, a management level officer spends about 5 minutes to document evidence of personnel training on behalf of operating companies. Accordingly, we estimate that the passenger ship emergency familiarization requirement of the proposed rule would increase the burden hour of the existing collection of information by 8.3 hours (50 ships × 0.166 hours per response × 2 crews = 16.6 hours). In addition to the recordkeeping requirements of the proposed rule, there are also new training requirements. First, the proposed rule would expand the applicability of crowd management training by requiring ratings qualified under Chapters II, III, and VII of the STCW Convention to complete this training. Currently, only officers and personnel designated on the muster list to assist passengers in emergency situations are required to complete this training. Second, the proposed rule creates a new requirement for all personnel to 13 4 3 18:27 Jun 20, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 65 20 15 complete passenger ship emergency familiarization appropriate to their capacity, duties, and responsibilities during an emergency. Personnel would have to complete the familiarization before being assigned to shipboard duties. The passenger ship emergency familiarization requirement would apply to all personnel, including masters, officers, and ratings qualified under Chapters II, III, and VII of the STCW Convention. This familiarization would not require Coast Guard approval in accordance with 46 CFR part 10, subpart D, and could be conducted on board the ship or at a shore-based location. Mariners or ship operators should maintain documentation verifying that personnel have completed the passenger ship emergency familiarization. This training includes topics to familiarize personnel with the general safety features aboard the ship, the location of essential safety equipment, including life-saving appliances, the importance of personal conduct during the implementation of emergency plans, and restrictions on the use of elevators during emergencies. Passenger ship emergency familiarization also includes the requirement to communicate with passengers during an emergency, including the ability to communicate in the working language of the ship, including non-verbally communicating safety information, and understanding one of the languages in which emergency announcements may be broadcast on the ship during an emergency or drill. 5. An identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule. 62 Small entity names have been removed to protect personal identifiable information. VerDate Sep<11>2014 Portion of small entities with known revenue (%) E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 There are no relevant Federal rules that may duplicate, overlap, or conflict with this proposed rule. 6. A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes, and which minimize any significant economic impact of the rule on small entities. As a party to the STCW Convention, the United States is obligated to implement all amendments into domestic law. The United States proposed and supported these amendments, recognizing the enhanced safety measure as desirable. This proposed rule would codify the 2017 edition of the STCW Convention and the STCW Code. As a signatory to the STCW Convention, the United States must ensure compliance with its treaty obligations through full implementation of amendments to the STCW Convention and the STCW Code. The STCW Convention is not selfimplementing; therefore, the Coast Guard does not have discretion and must issue regulations to implement these requirements. Failure to meet the treaty obligations could cause the United States to lose status on the IMO’s ‘‘White List,’’ which distinguishes administrations that are in full compliance with the STCW Convention and the STCW Code. Because the Coast Guard must implement the training requirements outlined in the 2016 amendments and does not propose to implement any discretionary requirements as a part of this proposed rule, we have not examined any alternatives to the proposed rule. 7. Conclusion. We are interested in the potential impacts from this proposed rule on small entities and we request public comment on these potential impacts. If you think that this proposed rule will have a significant economic impact on you, your business, or your organization, please submit a comment to the docket at the address under ADDRESSES in the interim rule. In your comment, explain why, how, and to what degree you think this proposed rule will have an economic impact on you. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 questions concerning its provisions or options for compliance, please call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. The Coast Guard will not retaliate against small entities that question or complain about this proposed 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 proposed rule would call for a revised collection of information 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: Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International Convention. OMB Control Number: 1625–0079. Summary of the Collection of Information: The STCW Convention establishes minimum standards of training, certification and watchkeeping for seafarers. The United States is a signatory to the STCW convention, which defines standards of competence necessary to ensure safety of life at sea and the marine environment and addresses the responsibilities of signatories to ensure seafarers meet standards of competence. The information collection requirements are necessary to implement the STCW Convention. Under the existing information collection, OMB Control Number 1625– 0079, the Coast Guard collects information from owners and operators of U.S.-flagged passenger ships, and PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 52349 ratings and officers serving on these ships, as well as training centers. The proposed rule would add additional requirements to the existing collection of information in order to implement the passenger ship training requirements of the STCW Convention. These additional collection of information requirements would: (1) require the owners and operators of U.S.-flagged passenger ships that carry 12 passengers or more on international voyages to provide documentary evidence that officers, ratings, and personnel serving on these ships have completed passenger ship emergency familiarization, (2) require owners and operators of U.S.-flagged passenger ships that carry 12 passengers or more on international voyages to provide documentary evidence that ratings qualified under Chapters II, III, and VII of the STCW Convention have completed crowd management training, and (3) require training providers to document course completion or disenrollment for crowd management training.63 Need for Information: The additional collection of information in the proposed rule would ensure that: (1) passenger ship personnel are trained to adequately assist passengers in the case of an emergency, (2) mariners have proof of completion of training necessary for compliance with the STCW Convention, and (3) the United States can verify and demonstrate that it has in place national regulations which implement the STCW Convention and the STCW Code, as is required of a signatory to the convention. Proposed Use of Information: The Coast Guard would use the additional collection of information in the proposed rule to help to ensure compliance with international requirements and to maintain acceptable quality in activities associated with training and assessment of merchant mariners. Description of the Respondents: The respondents are owners and operators of U.S.-flagged passenger ships that carry 12 passengers or more on international voyages and training providers offering crowd management courses. Number of Respondents: The additional collection of information in this proposed rule would affect an estimated 37 passenger ship operating 63 As of March 24, 2014, each school with an approved course must keep records for at least 5 years after the end of each student’s completion or disenrollment from a course or program (46 CFR 10.403). Training providers are not expected to keep additional records under this collection of information, only to continue to keep the records already required. E:\FR\FM\21JNP2.SGM 21JNP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 52350 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules companies that carry 12 or more passengers on international voyages. These companies would have to document completion of passenger ship emergency familiarization for all personnel serving aboard their ships and retain documentation of a crowd management course for the ratings qualified under Chapters II, III, and VII of the STCW Convention serving aboard their ships. Frequency of Response: Operating companies of U.S.-flagged passenger ships that carry 12 or more passengers on international voyages would be required to submit the additional information when it is requested during a PSC inspection. The required passenger ship emergency familiarization and crowd management training records would be recorded at completion, to be available upon request. Burden of Response: According to the current collection of information, a management level officer spends about 0.083 hours (5 minutes) to document evidence of mariners’ training on behalf of a ship owner or operator for each of the two crews. Given this training is delivered twice for each crew, we estimate that a management level officer will spend 0.166 hours (10 minutes) to document evidence of this training each year. Accordingly, we estimate that the proposed passenger ship emergency familiarization would increase the burden hour of the existing collection of information by approximately 17 hours annually (50 ships × 0.166 hours per response × 2 crews = 16.6 hours). Also, according to the existing collection of information, a technical specialist spends about 0.083 hours (5 minutes) to document training records for personnel serving aboard passenger ships. Given that this proposed rule expands the applicability of the crowd management training to ratings qualified under Chapters II, III, and VII of the STCW Convention as a subset of the overall mariner population, and operating companies already record STCW training completion for this population, this creates a negligible increase in the amount of time required to document training records. The existing collection of information for training providers shows that an administrative specialist spends about 1 hour to document course completion, including a student’s performance. However, because this action is taken once annually for each approved course, this would not increase the estimated burden for training providers, although this rule may minimally increase the number of students taking a crowd management course. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 Estimate of Total Annual Burden: The total estimated burden hours for this proposed rule is approximately 17 hours for operating companies of U.S.-flagged passenger ships that carry 12 or more passengers providing documentary evidence of having completed passenger ship emergency familiarization. As required by 44 U.S.C. 3507(d), we will submit a copy of this proposed rule to OMB for its review of the collection of information. We ask for public comment on the proposed collection of information to help us determine, among other things— • How useful the information is; • Whether the information can help us better perform our functions; • How we can improve the quality, usefulness, and clarity of the information; • Whether the information is readily available elsewhere; • How accurate our estimate is of the burden of collection; • How valid our methods are for determining the burden of collection; and • How we can minimize the burden of collection. If you submit comments on the collection of information, submit them to both the OMB and to the docket where indicated under ADDRESSES. You need not respond to a collection of information unless it displays a currently valid control number from OMB. Before the Coast Guard could enforce the collection of information requirements in this proposed rule, OMB would need to approve the Coast Guard’s request to collect this information. Congress intended the Coast Guard to be the sole source of a ship’s obligations, are within the field foreclosed from regulation by the States. See, e.g., United States v. Locke, 529 U.S. 89 (2000) (finding that the states are foreclosed from regulating tanker ships) 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). 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. 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 ship’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 CONTACT section of this preamble. 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 proposed 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 is as 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 the categories covered in 46 U.S.C. 7101, 7306, 7313 and 8101 addressing personnel qualifications, and manning of ships, and any other category in which 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 million (adjusted for inflation) or more in any one year. Although this proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 G. Taking of Private Property This proposed rule would 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). E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules H. Civil Justice Reform M. Environment This proposed 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. We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01, Rev.1, 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 preliminary 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 preliminary 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 proposed rule would be categorically excluded under paragraphs L54 and L56 of Appendix A, table 1 of DHS Instruction Manual 023–01, Rev. 1.64 Paragraph L54 pertains to regulations that are editorial or procedural and paragraph L56 pertains to regulations concerning the training, qualifying, licensing, and disciplining of maritime personnel. This proposed rule involves implementation of the STCW Convention and the STCW Code particularly concerning requirements for personnel serving on passenger ships on international voyages. In particular, the STCW Convention and the STCW Code requires passenger ship emergency familiarization and crowd management training to promote the safety of life at sea in the case of an emergency. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. I. Protection of Children We have analyzed this proposed rule under Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks). This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), because it would 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 proposed 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. ddrumheller on DSK120RN23PROD with PROPOSALS2 L. Technical Standard 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 List of Subjects 46 CFR Part 11 Incorporation by reference, Penalties, Reporting and recordkeeping requirements, Schools, Seamen. 46 CFR Part 12 Incorporation by reference, Penalties, Reporting and recordkeeping requirements, Seamen. For the reasons discussed in the preamble, the Coast Guard proposes to amend 46 CFR parts 11 and 12 as follows: 64 https://www.dhs.gov/sites/default/files/ publications/DHS_Instruction%20Manual%2002301-001-01%20Rev%2001_508%20Admin%20 Rev.pdf (last visited 6/29/2023). PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 52351 PART 11—REQUIREMENTS FOR OFFICER ENDORSEMENTS 1. The authority citation for part 11 is revised to read as follows: ■ Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 89; 46 U.S.C. 7502, 7505, 7701, and 70105; E.O. 10173; DHS Delegation No. 00170.1, Revision No. 01.4. Section 11.107 is also issued under the authority of 44 U.S.C. 3507. ■ 2. Revise § 11.102 to read as follows: § 11.102 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard, Office of Merchant Mariner Credentialing (CG–MMC) and at the National Archives and Records Administration (NARA). Contact the Coast Guard, CG–MMC at U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509, 202–372–2357, MMCPolicy@uscg.mil. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federalregister/cfr/ibr-locations. The material may be obtained from the sources in the following paragraphs of this section. (b) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, England, +44 (0)20 7735 7611, sales@ imo.org, https://imo.org. (1) The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, 2017 Edition (the STCW Convention or the STCW), IBR approved for §§ 11.201(h); 11.426(c); 11.427(f); 11.428(c); 11.429(d); 11.493(e); 11.495(e); 11.497(c); 11.553(d); 11.555(e); 11.1001(a); 11.1003(a); 11.1009(c); and 11.1105(a). (2) The Seafarers’ Training, Certification and Watchkeeping Code, 2017 Edition (the STCW Code), IBR approved for §§ 11.201(h); 11.301(a) and (f); 11.302(a), (c), and (d); 11.303(a) through (d); 11.305(a), (c), and (e); 11.307(a), (c), and (e); 11.309(a), (d,) and (e); 11.311(a), (c), and (d); 11.313(a), (c), and (d); 11.315(a), (c), and (d); 11.317(a), (c), and (d); 11.319(a), (c), and (d); 11.321(a), (c), and (d); 11.325(a), (c), and (d); 11.327(a), (c), and (d); 11.329(a), (d), and (e); 11.331(a), (d), and (e); 11.333(a), (c), and (d); 11.335(a) through (c); 11.604; 11.901(c); 11.1001(a); 11.1003(a); and 11.1105(a). (3) The International Convention for the Safety of Life at Sea, 1974 (SOLAS), E:\FR\FM\21JNP2.SGM 21JNP2 52352 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules incorporation by reference approved for § 11.601. § 11.305 [Amended] 3. Amend § 11.305 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (e), footnote 2 to Table 1 to § 11.305(e), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.307 [Amended] 4. Amend § 11.307 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (e), footnote 2 to Table 1 to § 11.307(e), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.309 [Amended] 5. Amend § 11.309 as follows: a. In paragraph (a)(1)(ii), remove the text ‘‘of this part’’; and ■ b. In paragraph (e), footnote 2 to Table 1 to § 11.309(e), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/1 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.311 [Amended] 6. Amend § 11.311 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.311(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.313 [Amended] § 11.315 [Amended] 8. Amend § 11.315 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.315(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.317 [Amended] 9. Amend § 11.317 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.317(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/3 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.319 [Amended] 10. Amend § 11.319 as follows: a. In paragraph (a)(1)(ii), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.319(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/1 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.321 ■ a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.321(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/3 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ 7. Amend § 11.313 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.313(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ [Amended] § 11.325 [Amended] 12. Amend § 11.325 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.325(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–III/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ § 11.327 [Amended] 13. Amend § 11.327 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.327(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–III/2 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ 14. Amend § 11.329 as follows: ■ a. In paragraph (a)(1)(ii), remove the text ‘‘of this part’’; and ■ b. In paragraph (e), in table 1 to § 11.329, revise the footnotes. The revisions read as follows: ■ ■ § 11.329 Requirements to qualify for an STCW endorsement as Officer in Charge of an Engineering Watch (OICEW) in a manned engineroom or designated duty engineer in a periodically unmanned engineroom on vessels powered by main propulsion machinery of 750 kW/1,000 HP propulsion power or more (operational level). * 11. Amend § 11.321 as follows: * * (e) * * * * * TABLE 1 TO § 11.329(e)—STCW ENDORSEMENT AS OICEW IN A MANNED ENGINE ROOM OR DESIGNATED DUTY ENGINEER IN A PERIODICALLY UNMANNED ENGINE ROOM ON VESSELS POWERED BY MAIN PROPULSION MACHINERY OF 750 kW/1,000 HP PROPULSION POWER OR MORE ddrumheller on DSK120RN23PROD with PROPOSALS2 [Operational level] Competence— STCW Table A–III/1 2 Training required by this section 3 Entry path from national endorsements Sea service 1 * * Designated duty engineer, 3,000 kW/4,000 HP 4. Designated duty engineer, 750 kW/1,000 HP 4 * * 12 months ............................... * * Yes .......................................... Yes 24 months ............................... Yes .......................................... * Yes 1 This column provides the minimum additional service required of the seafarer in order to meet the requirements of this section. any items in paragraph (a)(3) of this section not previously satisfied in accordance with section A–III/1 of the STCW Code (incorporated by reference, see § 11.102). 3 Complete any items in paragraph (a)(4) of this section not previously satisfied. 4 STCW certificate should be limited to vessels less than 500 GRT. 2 Complete § 11.331 ■ [Amended] VerDate Sep<11>2014 18:27 Jun 20, 2024 a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ 15. Amend § 11.331 as follows: Jkt 262001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 b. In paragraph (e), footnote 2 to Table 1 to § 11.331(e), after the text ‘‘not ■ E:\FR\FM\21JNP2.SGM 21JNP2 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules previously satisfied,’’ add the text in accordance with section A–III/3 of the STCW Code (incorporated by reference, see § 11.102).’’ § 11.333 [Amended] 16. Amend § 11.333 as follows: a. In paragraph (a)(2), remove the text ‘‘of this part’’; and ■ b. In paragraph (d), footnote 2 to Table 1 to § 11.333(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–III/3 of the STCW Code (incorporated by reference, see § 11.102).’’ ■ ■ Subpart K—Officers and Personnel on a Passenger Ship When on an International Voyage 17. Revise § 11.1105 to read as follows: ■ ddrumheller on DSK120RN23PROD with PROPOSALS2 § 11.1105 General requirements. (a) To serve on a passenger ship on international voyages, before being assigned shipboard duties, masters, deck officers, chief engineers, and engineer officers must meet the appropriate requirements of the STCW Regulation V/2 and of section A–V/2 of the STCW Code (incorporated by reference, see § 11.102) as follows: (1) Officers and personnel must have completed passenger ship emergency familiarization appropriate to their capacity, duties, and responsibilities as specified in section A–V/2 paragraph 1 of the STCW Code. (2) Officers and personnel providing direct service to passengers in passenger spaces must have completed passenger ship safety training specified in section A–V/2 paragraph 2 of the STCW Code. (3) Masters, officers, ratings qualified under Chapters II, III, and VII of the STCW Convention, and personnel designated on muster lists to assist passengers in emergency situations must have completed approved or accepted training in passenger ship crowd management specified in section A–V/2 paragraph 3 of the STCW Code. (4) Masters, chief engineer officers, chief mates, second engineer officers, and any person designated on muster lists as having responsibility for the safety of passengers in emergency situations onboard passenger ships must have completed approved or accepted training in crisis management and human behavior as specified in section A–V/2 paragraph 4 of the STCW Code. (5) Masters, chief engineer officers, chief mates, second engineer officers, and every person assigned immediate responsibility for embarking and disembarking passengers, loading, discharging, or securing cargo, or closing hull openings onboard ro-ro VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 passenger ships must have completed approved or accepted training in passenger safety, cargo safety, and hull integrity as specified in section A–V/2 paragraph 5 of the STCW Code. (b) Personnel required to be trained in accordance with paragraph (a) of this section must hold documentary evidence of successful completion of training as proof of meeting these requirements. (c) Personnel required to be trained in accordance with paragraphs (a)(3), (a)(4), or (a)(5) of this section must provide, at intervals not exceeding 5 years, evidence of maintaining the standard of competence. (d) The Coast Guard will accept onboard training and experience, through evidence of 1 year of relevant seagoing service within the last 5 years, as meeting the requirements of paragraph (c) of this section. (e) Personnel serving onboard small passenger ships engaged in domestic, near-coastal voyages, as defined in § 10.107 of this subchapter, are not subject to any obligation for the purpose of this STCW requirement. PART 12—REQUIREMENTS FOR RATING ENDORSEMENTS 18. The authority citation for part 12 is revised to read as follows: ■ Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 7302, 7303–7316, 7503, 7505, 7701, and 70105; DHS Delegation No. 00170.1, Revision No. 01.4. ■ 19. Revise § 12.103 to read as follows: § 12.103 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard, Office of Merchant Mariner Credentialing (CG–MMC) and at the National Archives and Records Administration (NARA). Contact Coast Guard, CG–MMC at U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593– 7509, 202–372–2357, MMCPolicy@ uscg.mil. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ ibr-locations. The material may be obtained from the sources in the following paragraphs of this section. (b) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, England; + 44(0)20 7735 7611; sales@ imo.org; www.imo.org. (1) The International Convention on Standards of Training, Certification and PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 52353 Watchkeeping for Seafarers, 1978, 2017 Edition (the STCW Convention or the STCW), IBR approved for §§ 12.811(a) and 12.905(a). (2) The Seafarers’ Training, Certification and Watchkeeping Code, 2017 Edition (the STCW Code); IBR approved for §§ 12.601(b); 12.602(a), (c), and (d); 12.603(a), (c), and (d); 12.605(a) through (c); 12.607(a) and (c)); 12.609(a) through (c); 12.611(a) through (c); 12.613(a) and (b); 12.615(a) and (b); 12.617(a) and (b); 12.619(a); 12.621(a); 12.623(b); 12.811(a); and 12.905(a). § 12.603 [Amended] 20. Amend § 12.603 as follows: a. In paragraph (a)(4), remove the text ‘‘of this part’’; ■ b. In paragraph (d), footnote 2 to Table 1 to § 12.603(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/4 of the STCW Code (incorporated by reference, see § 12.103).’’; and ■ c. In paragraph (d), footnote 3 to Table 1 to § 12.603(d), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with section A–II/5 of the STCW Code (incorporated by reference, see § 12.103).’’ ■ ■ § 12.605 [Amended] 21. Amend § 12.605 as follows: a. In paragraph (a)(3), remove the text ‘‘of this part’’; and ■ b. In paragraph (c), footnote 2 to Table 1 to § 12.605(c), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with Table A–II/4 of the STCW Code (incorporated by reference, see § 12.103).’’ ■ ■ § 12.607 [Amended] 22. In § 12.607(a)(4), remove the text ‘‘of this part’’. ■ § 12.609 [Amended] 23. Amend § 12.609 as follows: a. In paragraph (a)(3), remove the text ‘‘of this part’’; and ■ b. In paragraph (c), footnote 2 to Table 1 to § 12.609(c), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with Table A–III/4 of the STCW Code (incorporated by reference, see § 12.103).’’ ■ ■ § 12.611 [Amended] 24. Amend § 12.611 as follows: a. In paragraph (a)(2)(iii), remove the text ‘‘of this part’’; and ■ b. In paragraph (c), footnote 2 to Table 1 to § 12.611(c), after the text ‘‘not previously satisfied,’’ add the text ‘‘in accordance with Table A–III/7 of the STCW Code (incorporated by reference, see § 12.103). ■ 25. Revise the subpart heading to subpart I to read as follows: ■ ■ E:\FR\FM\21JNP2.SGM 21JNP2 52354 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules Subpart I—Ratings and Personnel on a Passenger Ship When on an International Voyage § 12.901 [Amended] 26. In § 12.901, remove the word ‘‘part’’ and add, in its place, the word ‘‘subpart’’. ■ 27. Revise § 12.905 to read as follows: ■ § 12.905 General requirements. ddrumheller on DSK120RN23PROD with PROPOSALS2 (a) To serve on a passenger ship on an international voyage, before being assigned shipboard duties, personnel must meet the appropriate requirements in STCW Regulation V/2 and section A– V/2 of the STCW Code (both incorporated by reference, see § 12.103) as follows: (1) All personnel must have completed passenger ship emergency familiarization appropriate to their capacity, duties, and responsibilities as specified in section A–V/2 paragraph 1 of the STCW Code. (2) Personnel providing direct service to passengers in passenger spaces must have completed the passenger ship safety training specified in section A–V/ 2 paragraph 2 of the STCW Code. VerDate Sep<11>2014 18:27 Jun 20, 2024 Jkt 262001 (3) Ratings qualified under Chapters II, III, and VII of the STCW Convention and personnel designated on the muster list to assist passengers in emergency situations must have completed approved or accepted training in passenger ship crowd management specified in section A–V/2 paragraph 3 of the STCW Code. (4) Personnel designated on muster lists as having responsibility for the safety of passengers in emergency situations onboard passenger ships must have completed approved or accepted training in crisis management and human behavior as specified in section A–V/2 paragraph 4 of the STCW Code. (5) Personnel assigned immediate responsibility for embarking and disembarking passengers, loading, discharging, or securing cargo, or closing hull openings onboard ro-ro passenger ships must have completed approved or accepted training in passenger safety, cargo safety, and hull integrity as specified in section A–V/2 paragraph 5 of the STCW Code. (b) Personnel required to be trained in accordance with paragraph (a) of this PO 00000 Frm 00032 Fmt 4701 Sfmt 9990 section must hold documentary evidence of successful completion of training as proof of meeting these requirements. (c) Personnel required to be trained in accordance with paragraph (a)(3), (a)(4), or (a)(5) of this section must provide, at intervals not exceeding 5 years, evidence of maintaining the standard of competence. (d) The Coast Guard will accept onboard training and experience, through evidence of 1 year of relevant seagoing service within the last 5 years, as meeting the requirements of paragraph (c) of this section. (e) Personnel serving onboard small passenger vessels engaged in domestic, near-coastal voyages, as defined in § 15.105(g)(1) of this subchapter, are not subject to any obligation for the purpose of this STCW requirement. Dated: June 13, 2024. W.R. Arguin, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2024–13455 Filed 6–20–24; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\21JNP2.SGM 21JNP2

Agencies

[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Proposed Rules]
[Pages 52324-52354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13455]



[[Page 52323]]

Vol. 89

Friday,

No. 120

June 21, 2024

Part III





Department of Homeland Security





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Coast Guard





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46 CFR Parts 11 and 12





Implementation of Training Requirements for Personnel Serving on U.S.-
Flagged Passenger Ships That Carry More Than 12 Passengers on 
International Voyages; Proposed Rule

Federal Register / Vol. 89 , No. 120 / Friday, June 21, 2024 / 
Proposed Rules

[[Page 52324]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 11 and 12

[Docket No. USCG-2022-0649]
RIN 1625-AC68


Implementation of Training Requirements for Personnel Serving on 
U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers on 
International Voyages

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its merchant mariner 
training regulations to implement amendments to the International 
Convention on Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978, and the Seafarers' Training, Certification and 
Watchkeeping Code, to require personnel serving on U.S.-flagged 
passenger ships carrying more than 12 passengers on international 
voyages to complete passenger ship emergency familiarization. The 
proposed rule would expand the applicability of the existing crowd 
management training requirement to include specified ratings on 
passenger ships. These required trainings would promote the safety of 
life at sea.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 19, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0649 using the Federal Decision-Making Portal at 
www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.
    Collection of information. Submit comments on the collection of 
information discussed in section VII.D. of this preamble both to the 
Coast Guard's online docket and to the Office of Information and 
Regulatory Affairs (OIRA) in the White House Office of Management and 
Budget using their website www.reginfo.gov/public/do/PRAMain. Comments 
sent to OIRA on the collection of information must reach OMB on or 
before the comment due date listed on their website.
    Viewing material proposed for incorporation by reference. Make 
arrangements to view this material by calling the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this document.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Megan Johns Henry, Office of Merchant Mariner 
Credentialing (CG-MMC-1), Coast Guard; telephone 202-372-1255, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Executive Summary
    A. Purpose
    B. Legal Authority
    C. Summary of Major Provisions
    D. Costs and Benefits
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. 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
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking and will consider all comments and material 
received during the comment period. Your comments can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at www.regulations.gov. To do so, go 
to www.regulations.gov, type USCG-2022-0649 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. If you cannot submit 
your material by using www.regulations.gov, call or email the person in 
the FOR FURTHER INFORMATION CONTACT section of this proposed rule for 
alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the www.regulations.gov Frequently Asked Questions web 
page. That FAQ page also explains how to subscribe for email alerts 
that will notify you when comments are posted or if a final rule is 
published. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive.
    Personal Information. We accept anonymous comments. All comments 
received will be posted without change to www.regulations.gov and will 
include any personal information you have provided. For more about 
privacy and submissions to the docket in response to this document, see 
DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 
2020).
    We do not plan to hold a public meeting, but we will consider doing 
so if we determine from public comments that a meeting would be 
helpful. We would issue a separate Federal Register notice to announce 
the date, time, and location of such a meeting.

II. Abbreviations

BLS U.S. Bureau of Labor Statistics
BTS Bureau of Transportation Statistics
CFR Code of Federal Regulations
CG-MMC Coast Guard Office of Merchant Mariner Credentialing
CSS Code Code of Safe Practices for Cargo Stowage and Securing
DHS Department of Homeland Security
DOT Department of Transportation
GSA U.S. General Services Administration
HTW Human Element, Training and Watchkeeping
IBR Incorporated by Reference
IMO International Maritime Organization
M&IE Meal and Incidental Expenses
MISLE Marine Information for Safety and Law Enforcement
MMC Merchant Mariner Credential
MSC Maritime Safety Committee
NAICS North American Industry Classification System
OMB Office of Management and Budget
POA Privately Owned Automobile
PSC Port State Control
Sec.  Section
SBA Small Business Administration
SME Subject matter expert
SOLAS International Convention for the Safety of Life at Sea, 1974, 
as amended
STCW Convention International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978
STCW Code Seafarers' Training, Certification and Watchkeeping Code
U.S.C. United States Code
VSL Value of a Statistical Life

[[Page 52325]]

III. Executive Summary

A. Purpose

    The purpose of this proposed rule is to ensure the safety of 
passengers on board U.S.-flagged passenger ships by ensuring all 
shipboard personnel have completed training and are competent to assist 
passengers in the event of an emergency. As defined in title 46 of the 
Code of Federal Regulations (CFR), in sections 11.1103 and 12.903,\1\ 
passenger ships are those ships carrying more than 12 passengers on an 
international voyage.
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    \1\ The Coast Guard adopted these definitions from the 
International Convention for the Safety of Life at Sea (SOLAS), 
1974, as amended, and codified them in the CFR. 78 FR 77796 (Dec. 
24, 2013). See additional discussion on SOLAS in section IV, 
Background, of this document.
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    The growing world-wide popularity of passenger ships as a vacation 
destination has resulted in the launching of consistently larger 
foreign-flagged ships and subsequent concerns over passenger safety. 
Passenger-ship travel requires passengers to be assured of their safety 
regardless of where the ship originates or where it sails. Typically, 
passengers are on board these ships for a short time and do not have 
maritime experience, so they rely on the ship's crew to assist them in 
emergency situations. It may be impossible for passengers to identify 
which crewmembers are trained to assist them in an emergency. Shipboard 
emergency situations could pose risks to life, health, and safety, as 
well as damage to property and the marine environment.
    With this rulemaking, the Coast Guard proposes requiring passenger 
ship emergency familiarization for all shipboard personnel on U.S.-
flagged passenger ships, which may prevent the loss of life at sea, 
reduce the risk of injury, and increase protection of property and the 
marine environment. The Coast Guard proposes expanding the 
applicability of the existing crowd management training requirement to 
include ratings qualified under Chapters II, III, and VII of the STCW 
Convention \2\ on passenger ships.
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    \2\ Ratings qualified under Chapters II, III, and VII of the 
STCW Convention are: Able Seafarer Deck, Able Seafarer Engine, 
Ratings Forming Part of a Navigational Watch, and Ratings Forming 
Part of an Engine-room Watch.
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B. Legal Authority

    The legal basis of this proposed rule is title 14 of the United 
States Code (U.S.C.), section 102(3), which 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. More specifically, 46 U.S.C. 7101 and 7301 
authorizes the Secretary of the Department of Homeland Security (DHS) 
to prescribe the requirements for the credentialing of officers and 
ratings respectively. The Secretary has delegated these statutory 
authorities to the Coast Guard through DHS Delegation No. 
00170.1(II)(92)(e), Revision No. 01.4, which generally authorizes the 
Coast Guard to determine and establish the experience and professional 
qualifications required for the issuance of credentials.

C. Summary of Major Provisions

    This proposed rule would make the following changes, which would 
apply to all personnel serving on U.S.-flagged passenger ships that 
carry more than 12 passengers on international voyages:
    (1) Incorporates by reference the 2017 Edition of the International 
Convention on Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978 (STCW Convention), and the Seafarers' Training, 
Certification and Watchkeeping Code (STCW Code), which include 
amendments through 2016, in 46 CFR parts 11 and 12. The STCW Convention 
and the STCW Code prescribe a five-tiered passenger ship training 
approach which is detailed in Section V, Discussion of Proposed Rule, 
in this document.
    (2) Adds a new requirement for all shipboard personnel to complete 
passenger ship emergency familiarization appropriate to their capacity, 
duties, and responsibilities during an emergency before being assigned 
to shipboard duties. The passenger ship emergency familiarization 
requirement applies to all shipboard personnel, including masters, 
officers, and ratings qualified under Chapters II, III, and VII of the 
STCW Convention. This familiarization would not require Coast Guard 
approval in accordance with 46 CFR part 10, subpart D, and can be 
conducted on board the ship or at a shore-based location. Mariners or 
vessel operators should maintain documentation verifying that personnel 
have completed the passenger ship emergency familiarization.
    (3) Expands the applicability of crowd management training to 
include ratings qualified under Chapters II, III, and VII of the STCW 
Convention. Crowd management courses currently require Coast Guard 
approval and will continue to require Coast Guard approval. Approved 
crowd management courses are readily available to mariners.

D. Costs and Benefits

    This proposed rule would affect 1,080 personnel (200 officers, 44 
specified ratings,\3\ and 836 personnel) serving on 50 U.S-flagged 
passenger ships. For each passenger ship, we assume two individuals 
serve in each billet, to account for the rotational nature of shipboard 
employment. The cost to the regulated industry would be approximately 
$375,707, in 2021 dollars, annualized, and $3,374,817 total, discounted 
at 2 percent. The proposed rule does not create additional costs for 
the Federal Government. In addition, this proposed rule would not 
result in additional costs to obtain a Merchant Mariner Credential 
(MMC) endorsement, because the training requirements would be verified 
through presentation of course completion documentation during 
shipboard inspections, and not via an MMC endorsement.
---------------------------------------------------------------------------

    \3\ Specified rating for this proposed rule means various 
categories of ordinary seaman, able seaman, and qualified members of 
the engine department, issued on MMCs. For the purpose of estimates, 
specified ratings are the closest to the ratings qualified under 
STCW Chapters II, III, and VII.
---------------------------------------------------------------------------

    The expected benefits of this proposed rule would be the 
improvement of the safety of life at sea through increased mariner 
competence. It would also ensure that U.S.-flagged passenger ships 
would not be subject to additional Port State Control (PSC) 
requirements in foreign ports.

IV. Background

    The STCW Convention establishes minimum standards for training, 
certification, and watchkeeping for seafarers. The STCW Convention 
includes competence requirements for seafarers to address emergencies 
on passenger ships. The STCW Convention applies to personnel engaged on 
seagoing ships operating seaward of the boundary line specified in 46 
CFR part 7. Coast Guard regulations in 46 CFR 10.107 define the 
boundary line as ``mark[ing] the dividing point between internal and 
offshore waters for the purposes of several U.S. statutes and, with 
exceptions, generally follows the trend of the seaward, highwater 
shorelines. See 46 CFR part 7 for the specified boundary line location.
    The International Convention for the Safety of Life at Sea, 1974, 
as amended (SOLAS), sets international standards for vessel safety. 
SOLAS defines ``passenger ship'' as any ship carrying more than 12 
passengers on an international voyage.\4\ The Coast Guard adopted this 
definition in 46 CFR

[[Page 52326]]

11.1103 and 12.903.\5\ Every ship subject to SOLAS must maintain a 
muster list to identify the functions and duties of each crewmember in 
an emergency.\6\ The muster list must also specify the duties assigned 
to crewmembers in relation to passengers in case of an emergency. The 
Coast Guard has an established program for the credentialing of 
personnel serving on U.S. vessels that is governed by domestic statutes 
in 14 and 46 U.S.C.,\7\ and in 46 CFR parts 11, 12 and 13. Through 
these domestic statutes and regulations, the Coast Guard implements the 
provisions of the STCW Convention and the STCW Code. Current 
regulations in 46 CFR part 11, subpart K--Officers on a Passenger Ship 
When on an International Voyage, detail the crowd management training 
requirements for masters, officers, and personnel working onboard U.S.-
flagged passenger ships on an international voyage designated on the 
muster list to assist passengers in emergency situations. Regulations 
in 46 CFR part 12, subpart I--Crewmembers on a Passenger Ship on an 
International Voyage, detail the requirements for seafarers working on 
U.S.-flagged passenger ships on an international voyage who perform 
duties that involve safety or care for passengers. These personnel must 
meet the appropriate requirements of STCW Regulation V/2 and section A-
V/2 of the STCW Code, including safety training, training in crowd 
management, crisis management and human behavior, and passenger safety 
cargo safety and hull integrity training, and must hold documentary 
evidence showing they meet those requirements through approved or 
accepted training.
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    \4\ SOLAS Chapter I, Part A, Regulation 2(f).
    \5\ 78 FR 77796 (Dec. 24, 2013). This definition of ``passenger 
ship'' is limited to subpart K of 46 CFR part 11 and subpart I of 46 
CFR part 12.
    \6\ SOLAS, Chapter III, Part B, Regulation 37.
    \7\ 14 U.S.C. 102(3), 46 U.S.C. 7101, 7306, and 7313.
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    On January 13, 2012, the Costa Concordia, an Italian passenger ship 
operating in the Mediterranean Sea with 3,206 passengers and 1,023 
crewmembers on board, struck a reef off the Italian coastline. The 
incident resulted in the loss of 32 lives (27 passengers and 5 
crewmembers), injury to 157 others, and the total loss of the ship. In 
the ensuing accident report,\8\ the Italian Ministry of Infrastructures 
and Transports concluded that multiple factors contributed to the 
injuries and loss of life. Some of these factors included delayed 
management of the emergency response and evacuation process, 
inconsistencies in assignment of duties, communication issues due to 
the different backgrounds of passengers and crewmembers, and passenger 
confusion over which personnel employed on passenger ships were trained 
to assist in an emergency.\9\
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    \8\ The Ministry of Infrastructures and Transports, Marine 
Casualties Investigative Body, Cruise Ship COSTA CONCORDIA, Marine 
Casualty on January 13, 2012. This report is available at: https://www.mitma.gob.es/recursos_mfom/2012costaconcordia.pdf (last visited 
6/3/2024).
    \9\ Id at 159.
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    The notable loss of the Costa Concordia provided the rationale for 
initiating a review of the passenger ship training provisions in the 
STCW Convention and the STCW Code. In 2012, the International Maritime 
Organization (IMO) Maritime Safety Committee (MSC) considered a 
proposal submitted by the United States to review and potentially amend 
the STCW required training for mariners working on passenger ships, 
considering new challenges posed by the increased size of modern cruise 
ships and the large number of passengers on board. The MSC tasked the 
Human Element, Training and Watchkeeping (HTW) Subcommittee with 
addressing these challenges.
    Recognizing that significant numbers of U.S. passengers travel on 
foreign-flagged passenger ships, the United States submitted multiple 
proposals to the HTW subcommittee for consideration while developing 
new training requirements for personnel on passenger ships. The U.S. 
submission to the third session of the HTW subcommittee included a 
tiered approach to training and familiarization for personnel on 
passenger ships, including those providing direct service to 
passengers, and passenger ship emergency familiarization. This proposal 
was used as the basis of the amendments to the STCW Convention and the 
STCW Code that were adopted in 2016 and entered into force on July 1, 
2018.\10\
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    \10\ While the amendments entered into force on July 1, 2018, 
the STCW Convention is not self-implementing. The United States must 
issue regulations to meet its treaty obligations. As such, all 
compliance with the 2016 amendments and 2021 policy letter (CG-MMC 
Policy Letter 02-21, ``Guidance On Voluntary Compliance With 
Training Requirements For Personnel Serving On U.S.-Flagged 
Passenger Ships That Carry More Than 12 Passengers On International 
Voyages'') has been voluntary in nature. The Coast Guard does not 
have information on which operating companies or mariners in the 
affected population have taken measures to comply with the 2016 
amendments because compliance is voluntary and not required to be 
recorded during an annual inspection.
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    The amendments to the STCW Convention and Code added passenger ship 
emergency familiarization requirements for personnel on passenger 
ships. They also expanded the applicability of crowd management 
training to include ratings qualified under Chapters II, III, and VII 
of the STCW Convention with the current applicability of masters, 
officers, and personnel designated on the muster list to assist 
passengers in emergency situations.\11\ The STCW Convention and the 
STCW Code require that passenger ship personnel are familiar with 
safety features, emergency equipment and procedures, basic 
communication, and crowd control techniques in order to assist 
passengers, including elderly and disabled individuals, during an 
emergency.
---------------------------------------------------------------------------

    \11\ IMO Resolution MSC.416(97), Consideration and Adoption of 
Amendments to Mandatory Instruments, Amendments to the International 
Convention on Standards of Training, Certification and Watchkeeping 
for Seafarers (STCW), 1978, as amended, and the Seafarers' Training, 
Certification and Watchkeeping (STCW) Code, Annex 1, page 4. A copy 
of this resolution is available in the docket where indicated under 
the ADDRESSES portion of this preamble.
---------------------------------------------------------------------------

    This proposed rule would codify the STCW Convention and the STCW 
Code, including amendments through 2016. As a signatory to the STCW 
Convention, the United States must ensure compliance with its treaty 
obligations through full implementation of amendments to the STCW 
Convention and the STCW Code. The STCW Convention is not self-
implementing; therefore, the Coast Guard does not have discretion and 
must issue regulations to implement these requirements. Failure to meet 
the treaty obligations could cause the United States to lose status on 
the IMO's ``White List,'' which distinguishes administrations that are 
in full compliance with the STCW Convention and the STCW Code. Loss of 
this status could cause U.S. ships to be subject to more rigorous PSC 
inspections in foreign ports, including possible detainment or denial 
of entry. Additionally, U.S. mariners could be ineligible to serve on 
foreign-flagged ships.
    On August 5, 2021, the Coast Guard's Office of Merchant Mariner 
Credentialing (CG-MMC) issued Policy Letter 02-21, ``Guidance On 
Voluntary Compliance With Training Requirements For Personnel Serving 
On U.S.-Flagged Passenger Ships That Carry More Than 12 Passengers On 
International Voyages'',\12\ to advise U.S.-flagged passenger ship 
operating companies of the amendments to the

[[Page 52327]]

STCW Convention and the STCW Code and encourage voluntary compliance. 
This policy letter will be cancelled when this proposed rule becomes 
final and effective.
---------------------------------------------------------------------------

    \12\ The document is available at: https://www.dco.uscg.mil/
Portals/9/DCO%20Documents/5p/5ps/MMC/MMC-Policy-Letter-02-21-Final-
05AUG21.pdf?ver=8GP3iNQS2pWTD6NG3-
eDTw%3D%3D#:~:text=This%20policy%20letter%20provides%20guidance,Conve
ntion%20and%20the%20STCW%20Code. (last visited 6/3/2024).
---------------------------------------------------------------------------

V. Discussion of Proposed Rule

    In the following paragraphs, we provide a section-by-section 
description of our proposed amendments to 46 CFR parts 11 and 12, in 
section number order with topical headings.

46 CFR Part 11

Authority Citations
    We are deleting reference to 46 U.S.C. 8906, and adding, in its 
place, 46 U.S.C. chapter 89. Chapter 89 of 46 U.S.C. contains the 
authorities for requiring various small vessel officer endorsements, 
including the civil penalties (in 46 U.S.C. 8906) for violating the 
chapter. We are also updating the reference to DHS Delegation No. 
00170.1, Revision No. 01.4, to reflect the most recent revision of this 
document.
Subpart A--General
Section 11.102--Incorporation by Reference
    The Coast Guard proposes to update the centralized incorporation by 
reference for the 2017 Edition of the STCW Convention and the STCW 
Code, which includes amendments through 2016. The STCW Convention sets 
the minimum standards for training, certification and watchkeeping for 
seafarers. The STCW Code addresses the technical aspects of the STCW 
Convention, including minimum standards of competence and the 
appropriate methods for demonstrating competence, which includes 
training. Currently, regulations in 46 CFR chapter I, subchapter B, 
reference the STCW Convention and the STCW Code, as amended through 
2011. Additional amendments to the STCW Convention and the STCW Code 
were adopted in 2016 and entered into force on July 1, 2018.\13\ These 
amendments contain updated seafarer training requirements to address 
emergencies on passenger ships, prescribing a five-tiered passenger 
ship training approach.
---------------------------------------------------------------------------

    \13\ See footnote 9.
---------------------------------------------------------------------------

    The five-tiered approach includes passenger ship emergency 
familiarization, safety training for personnel providing direct service 
to passengers, passenger ship crowd management, crisis management and 
human behavior, and passenger safety, cargo safety, and hull integrity 
training.\14\ Each tier builds on the previous tier of training, and 
the proposed training requirements are structured as appropriate to the 
associated position of responsibility on board the ship.
---------------------------------------------------------------------------

    \14\ STCW Convention, Regulation V/2 and the STCW Code, Section 
A-V/2, Mandatory minimum requirements for the training and 
qualifications of masters, officers, ratings, and other personnel on 
passenger ships.
---------------------------------------------------------------------------

Subpart K--Officers on a Passenger Ship When on an International Voyage
Section 11.1105--General Requirements for Officer Endorsements
    The Coast Guard proposes revising the title of this section from 
``General requirements for officer endorsements'' to ``General 
requirements.'' The proposed change would align with the purpose of 
this subpart, in accordance with the STCW Convention and the STCW Code. 
Other specific changes to Sec.  11.1105 are detailed below.
    In summary, we propose combining existing paragraph (a) 
introductory text and text from paragraph (a)(1) into paragraph (a) 
introductory text; adding new paragraph (a)(1); redesignating 
paragraphs (a)(1)(i) as (a)(3), (a)(1)(ii) as (a)(2), (a)(1)(iii) as 
(a)(4) and (a)(1)(iv) as (a)(5); redesignating paragraph (a)(2) as 
paragraph (b); and redesignating existing paragraphs (b), (c), and (d) 
as paragraphs (c), (d) and (e) respectively. These changes would allow 
paragraphs (a)(1) through (a)(5) to refer to the applicable paragraphs 
(1 through 5) of section A-V/2 of the STCW Code, as detailed in the 
following discussion of those paragraphs.
    In revised paragraph (a) introductory text, we would change the 
word ``vessel'' to ``ship'' for consistency in terminology in this part 
and add the text, ``before being assigned to shipboard duties'' for 
clarity. The language from existing paragraph (a)(1) in revised 
paragraph (a) introductory text details the incorporation of the STCW 
Regulation V/2 and of section A-V/2 of the STCW Code. Revised paragraph 
(a) introductory text would read, ``To serve on a passenger ship on 
international voyages, before being assigned shipboard duties, masters, 
deck officers, chief engineers, and engineer officers, must meet the 
appropriate requirements of regulation V/2 of the STCW Convention and 
of section A-V/2 of the STCW Code (incorporated by reference, see Sec.  
11.102) as follows:''.
    New paragraph (a)(1) would specify that all officers and personnel 
aboard passenger ships must have completed passenger ship emergency 
familiarization appropriate to their capacity, duties, and 
responsibilities. Paragraph (a)(1) would refer to section A-V/2 
paragraph 1 of the STCW Code, which requires that passenger ship 
emergency familiarization be completed before personnel are assigned to 
shipboard duties.
    In accordance with section A-V/2 paragraph 1 of the STCW Code, 
passenger ship emergency familiarization must include topics to 
familiarize personnel with the general safety features aboard the ship, 
the location of essential safety equipment, including life-saving 
appliances, the importance of personal conduct during the 
implementation of emergency plans, and restrictions on the use of 
elevators during emergencies. Passenger ship emergency familiarization, 
in accordance with section A-V/2 paragraph 1 of the STCW Code, also 
includes the requirement to communicate with passengers during an 
emergency, including the ability to communicate in the working language 
of the ship, including non-verbally communicating safety information, 
and understanding one of the languages in which emergency announcements 
may be broadcast on the ship during an emergency or drill.
    Passenger ship emergency familiarization proposed in paragraph 
(a)(1) would not require Coast Guard approval in accordance with 46 CFR 
part 10, subpart D, and could be conducted on board the ship or in a 
shore-based location. Operating companies would have to ensure 
personnel are familiarized with the shipboard layout, their shipboard 
duties, and emergency procedures. Personnel or vessel operating 
companies should maintain documentary evidence verifying that personnel 
have completed the Passenger Ship Emergency Familiarization training. 
It is the responsibility of the operating companies, who are obligated 
by Regulation I/14, ``Responsibilities of Companies'' of the STCW 
Convention, to ensure that documentation relevant to personnel training 
is maintained and readily accessible. Port State Control officers or 
Coast Guard inspectors may ask to see evidence that personnel have 
completed passenger ship emergency familiarization.
    Redesignated paragraph (a)(2), which already requires the 
completion of safety training for personnel providing direct service to 
passengers in passenger spaces, would be revised to include the 
addition of ``officers'' to personnel providing direct service to 
passengers in passenger spaces. In addition, we would remove ``onboard 
passenger ships'' from

[[Page 52328]]

the explanation of passenger spaces. We would add ``passenger ship'' to 
more accurately describe the type of safety training required. 
Paragraph (a)(2) would refer to section A-V/2 paragraph 2 of the STCW 
Code, which requires that passenger ship safety training be completed 
before personnel are assigned to shipboard duties.
    In accordance with section A-V/2 paragraph 2 of the STCW Code, 
passenger ship safety training must include communication. 
Specifically, it must include:
     The ability to communicate with passengers during an 
emergency, taking into account the language or languages appropriate to 
the principal nationalities of passengers carried on the particular 
route;
     The likelihood that an ability to use elementary English 
vocabulary for basic instructions can provide a means of communicating 
with a passenger in need of assistance, whether or not the passenger 
and crew member share a common language;
     The possible need to communicate during an emergency by 
some other means, such as by demonstration, hand signals, or calling 
attention to the location of instructions, muster stations, life-saving 
devices, or evacuation routes when oral communication is impractical;
     The extent to which complete safety instructions have been 
provided to passengers in their native language or languages;
     The languages in which emergency announcements may be 
broadcast during an emergency or drill to convey critical guidance to 
passengers and to facilitate crew members in assisting passengers; and
     In accordance with section A-V/2 paragraph 2 of the STCW 
Code, passenger ship safety training must include life-saving 
appliances, specifically the ability to demonstrate to passengers the 
use of personal life-saving appliances, and embarkation procedures with 
special attention to disabled persons and persons needing assistance.
    Passenger ship safety training proposed in paragraph (a)(2) would 
not require Coast Guard approval in accordance with 46 CFR part 10, 
subpart D, and could be conducted on board the ship or in a shore-based 
location. Personnel completing passenger ship safety training are 
obligated to maintain documentary evidence of their training by 
Regulation V/2, ``Mandatory minimum requirements for the training and 
qualification of masters, officers, ratings and other personnel on 
passenger ships,'' of the STCW Convention.
    The Coast Guard would make non-substantive changes in redesignated 
paragraph (a)(3), which already requires the completion of crowd 
management training. In addition, the Coast Guard would make the 
following substantive changes to clarify which personnel are required 
to complete the required training:
     The text, ``ratings qualified under Chapters II, III, and 
VII of the STCW Convention '' would be added to masters, officers, and 
personnel designated on muster lists to assist passengers in emergency 
situations.
     The text, ``approved or accepted'' would be added to 
clarify that masters, officers, ratings qualified under Chapters II, 
III, and VII of the STCW Convention, and personnel designated on muster 
lists to assist passengers in emergency situations must complete 
``approved or accepted'' training in passenger ship crowd management. 
Requiring approved or accepted training aligns with 46 CFR part 10, 
subpart D, which allows training to be either approved or accepted by 
the Coast Guard.
     The text would be revised to refer to section A-V/2 
paragraph 3 of the STCW Code, which requires crowd management training 
to be completed in accordance with STCW regulation V/2, paragraph 7, as 
set out in table A-V/2-1. Personnel completing crowd management 
training are obligated to maintain documentary evidence of their 
training by Regulation V/2, ``Mandatory minimum requirements for the 
training and qualification of masters, officers, ratings and other 
personnel on passenger ships,'' of the STCW Convention.
    Redesignated paragraph (a)(4) would be revised to make one non-
substantive change. Additionally, redesignated paragraph (a)(4), which 
already includes a requirement for the completion of crisis management 
and human behavior, would be revised to clarify that training in crisis 
management and human behavior must be approved ``or accepted'' training 
in accordance with 46 CFR part 10, subpart D. Paragraph (a)(4) would 
also be revised to refer to section A-V/2 paragraph 4 of the STCW Code, 
which requires training in crisis management and human behavior to be 
completed in accordance with STCW regulation V/2 paragraph 8, as set 
out in table A-V/2-2. Personnel completing crisis management and human 
behavior training are obligated to maintain documentary evidence of 
their training by Regulation V/2, ``Mandatory minimum requirements for 
the training and qualification of masters, officers, ratings and other 
personnel on passenger ships,'' of the STCW Convention.
    Redesignated paragraph (a)(5) would be revised to make one non-
substantive change. Redesignated paragraph (a)(5) would also be revised 
to clarify that training in passenger safety, cargo safety, and hull 
integrity must be approved ``or accepted'' training in accordance with 
46 CFR part 10, subpart D. Paragraph (a)(5) would also be revised to 
refer to section A-V/2 paragraph 5 of the STCW Code, which requires 
that training must be completed before personnel are assigned to 
shipboard duties.
    In accordance with section A-V/2 paragraph 5 of the STCW Code, 
passenger safety, cargo safety, and hull integrity training must 
include loading and embarkation procedures and, specifically, the 
ability to properly apply the procedures established for the ship 
regarding loading and discharging vehicles, rail cars and other cargo 
transport units, including related communications; lowering and 
hoisting ramps; setting up and stowing retractable vehicle decks; and 
embarking and disembarking passengers, with special attention to 
disabled persons and persons needing assistance.
    Passenger safety, cargo safety, and hull integrity training must 
also include:
     Carriage of dangerous goods, including the ability to 
apply any special safeguards, procedures, and requirements regarding 
the carriage of dangerous goods on board ro-ro passenger ships; \15\
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    \15\ A ro-ro, or roll-on/roll-off passenger ship is defined in 
Chapter II-1, Regulation 2 of SOLAS, as being ``a passenger ship 
with ro-ro cargo spaces or special category spaces.''
---------------------------------------------------------------------------

     Securing cargoes, specifically the ability to correctly 
apply the provisions of the Code of Safe Practices for Cargo Stowage 
and Securing (CSS Code) \16\ to the vehicles, rail cars, and other 
cargo transport units carried, and to properly use the cargo-securing 
equipment and materials provided, considering their limitations;
---------------------------------------------------------------------------

    \16\ The CSS Code provides an international standard for the 
safe stowage and securing of cargoes to promote the safety of life 
both at sea, and during loading and discharge. See https://
www.imo.org/en/OurWork/Safety/Pages/CSS-
Code.aspx#:~:text=All%20cargoes%20should%20be%20stowed,be%20properly%
20qualified%20and%20experienced. (last visited 6/3/2024).
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     Stability, trim, and stress calculations, specifically the 
ability to make proper use of the stability and stress information 
provided; calculate stability and trim for different conditions of 
loading, using the stability

[[Page 52329]]

calculators or computer programs provided; calculate load factors for 
decks; and calculate the impact of ballast and fuel transfers on 
stability, trim, and stress; and
     Opening, closing and securing hull openings, including the 
ability to properly apply the procedures established for the ship for 
opening, closing and securing bow, stern and side doors and ramps; 
correctly operating the associated systems and conducting surveys on 
proper sealing and ro-ro deck atmosphere, including the ability to use 
equipment, where carried, to monitor atmosphere in ro-ro spaces and 
properly apply the procedures established for the ship for ventilation 
of ro-ro spaces during lading and discharging of vehicles, while on 
voyage and in emergencies.
    Personnel completing passenger safety, cargo safety, and hull 
integrity training are obligated to maintain documentary evidence of 
their training by Regulation V/2, ``Mandatory minimum requirements for 
the training and qualification of masters, officers, ratings and other 
personnel on passenger ships,'' of the STCW Convention.
    Redesignated paragraph (b) would be revised to state that, 
``Personnel required to be trained in accordance with paragraph (a) of 
this section must hold documentary evidence of successful completion of 
training as proof of meeting these requirements.'' These revisions 
clarify who is required to hold evidence of successful completion of 
training in accordance with paragraph (a). We are proposing to remove 
the existing text, ``through approved or accepted training,'' to 
clarify that the training required in paragraphs (a)(1) and (a)(2) 
would not have to be Coast Guard-approved or accepted training, while 
the training required in paragraphs (a)(3), (a)(4), and (a)(5) must be 
Coast Guard-approved or accepted training.
    Redesignated paragraph (c) would be revised to update terminology 
used in this subpart and make other non-substantive changes. Paragraph 
(c) would also be revised to correct references to other revised 
paragraphs in this subpart for personnel who must provide evidence of 
having maintained the required standard of competence every 5 years.
    Redesignated paragraph (d) would be revised to update the paragraph 
reference, which was redesignated from paragraph (b) to paragraph (c), 
and would be revised to replace the word ``sea'' with ``relevant 
seagoing'' to better describe the service needed to maintain the 
standard of competence.
    Redesignated paragraph (e) would be revised to replace the word 
``vessels'' with ``ships'' to provide consistency of terminology used 
in this subpart.

46 CFR Part 12

Authority Citations
    The Coast Guard proposes to revise the authorities listed for Part 
12 by adding 46 U.S.C. 7303 through 7316. We are proposing this change 
to more clearly cite the statutory authority provided by Congress to 
promulgate regulations for all classifications of ratings endorsements 
with respect to standards of competency, training, and sea service. We 
are also updating the reference to DHS Delegation No. 00170.1, Revision 
No. 01.4, to reflect the most recent revision of this document.
Subpart A--General
Section 12.103--Incorporation by Reference.
    The Coast Guard proposes to redesignate paragraph (b)(1), 
previously reserved, as paragraph (b)(2). New paragraph (b)(1) would be 
added to incorporate by reference the 2017 Edition of the STCW 
Convention, which includes amendments through 2016. Redesignated 
paragraph (b)(2) would reference the 2017 Edition of the STCW Code, 
which include all amendments through 2016.\17\
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    \17\ See section V, Discussion of Proposed Rule, 46 CFR part 11, 
subpart A, in this document for a description of the STCW Convention 
and the STCW Code.
---------------------------------------------------------------------------

Subpart I--Ratings and Personnel on a Passenger Ship When on an 
International Voyage
    The Coast Guard proposes revising the title of this subpart from 
``Crewmembers on a Passenger Ship on an International Voyage,'' to 
``Ratings and Personnel on a Passenger Ship When on an International 
Voyage.'' The proposed change would align with the purpose of this 
subpart, in accordance with the STCW Convention and the STCW Code. We 
propose making an editorial change to Sec.  12.901; for Sec.  12.905, 
we propose combining existing paragraph (a) introductory text and 
paragraph (a)(1) into paragraph (a) introductory text; redesignating 
existing paragraph (a)(2) as paragraph (b); adding new paragraphs 
(a)(1) through (a)(5); and redesignating existing paragraphs (b), (c), 
and (d) as paragraphs (c), (d) and (e) respectively. Proposed new 
paragraphs (a)(1) through (a)(5) would refer to the applicable 
paragraphs (1 through 5) of section A-V/2 of the STCW Code. The 
specific changes to Sec.  12.905 are detailed below.
Section 12.905--General Requirements
    In revised paragraph (a) introductory text, we would replace the 
word ``vessel'' with ``ship'' to provide consistency of terminology 
used in this subpart and revise the text to clarify when and to whom 
the requirements apply. We would also move language from existing 
paragraph (a)(1) to paragraph (a) introductory text to detail the 
incorporation of the STCW Regulation V/2 and of section A-V/2 of the 
STCW Code. Revised paragraph (a) introductory text would read, ``To 
serve on a passenger ship on an international voyage, before being 
assigned shipboard duties, personnel must meet the appropriate 
requirements in STCW Regulation V/2 and Section A-V/2 of the STCW Code 
(both incorporated by reference, see Sec.  12.103) as follows:''.
    Paragraph (a)(1) would be amended to specify that all personnel 
must have completed passenger ship emergency familiarization 
appropriate to their capacity, duties, and responsibilities. Paragraph 
(a)(1) would also refer to section A-V/2 paragraph 1 of the STCW 
Code.\18\ Passenger ship emergency familiarization proposed in 
paragraph (a)(1) would not require Coast Guard approval in accordance 
with 46 CFR part 10, subpart D, and could be conducted on board the 
ship or in a shore-based location.
---------------------------------------------------------------------------

    \18\ See section V, Discussion of Proposed Rule, Sec.  11.1105, 
in this document for a description of section A-V/2 paragraph 1 of 
the STCW Code.
---------------------------------------------------------------------------

    Paragraph (a)(2) would be redesignated as paragraph (b). New 
paragraph (a)(2) would be added to include the requirement that 
personnel providing direct service to passengers in passenger spaces 
must have completed the passenger ship safety training. Paragraph 
(a)(2) would also refer to section A-V/2 paragraph 2 of the STCW 
Code.\19\ Passenger ship safety training proposed in paragraph (a)(2) 
would not require Coast Guard approval in accordance with 46 CFR part 
10, subpart D, and could be conducted on board the ship or in a shore-
based location.
---------------------------------------------------------------------------

    \19\ See section V, Discussion of Proposed Rule, Sec.  11.1105, 
in this document for a description of section A-V/2 paragraph 2 of 
the STCW Code.
---------------------------------------------------------------------------

    Proposed new paragraph (a)(3) would add the requirement that 
ratings qualified under Chapters II, III, and VII of the STCW 
Convention and personnel designated on the muster list to assist 
passengers in an emergency situation onboard passenger ships must have 
completed approved or accepted training in passenger ship crowd 
management. Passenger ship crowd management training must be approved 
or accepted training in accordance with

[[Page 52330]]

46 CFR part 10, subpart D. This paragraph would also refer to section 
A-V/2 paragraph 3 of the STCW Code.\20\
---------------------------------------------------------------------------

    \20\ See section V, Discussion of Proposed Rule, Sec.  11.1105, 
in this document for a description of section A-V/2 paragraph 3 of 
the STCW Code.
---------------------------------------------------------------------------

    Proposed new paragraph (a)(4) would add the requirement that 
personnel designated on muster lists as having responsibility for the 
safety of passengers in emergency situations onboard passenger ships 
must have completed approved or accepted training in crisis management 
and human behavior. Crisis management and human behavior training must 
be approved or accepted training in accordance with 46 CFR part 10, 
subpart D. This paragraph would also refer to section A-V/2 paragraph 4 
of the STCW Code.\21\
---------------------------------------------------------------------------

    \21\ See section V, Discussion of Proposed Rule, Sec.  11.1105, 
in this document for a description of section A-V/2 paragraph 4 of 
the STCW Code.
---------------------------------------------------------------------------

    Proposed new paragraph (a)(5) would add the requirement that 
personnel assigned immediate responsibility for embarking and 
disembarking passengers, loading, discharging, or securing cargo, or 
closing hull openings onboard ro-ro passenger ships must have completed 
approved or accepted training in passenger safety, cargo safety, and 
hull integrity. Passenger safety, cargo safety, and hull integrity 
training must be approved or accepted training in accordance with 46 
CFR part 10, subpart D. This paragraph would also refer to section A-V/
2 paragraph 5 of the STCW Code.\22\
---------------------------------------------------------------------------

    \22\ See section V, Discussion of Proposed Rule, Sec.  11.1105, 
in this document for a description of section A-V/2 paragraph 5 of 
the STCW Code.
---------------------------------------------------------------------------

    Redesignated paragraph (b) would be revised to require personnel 
completing the training described in paragraph (a) to hold documentary 
evidence of meeting these requirements.
    Redesignated paragraph (c) would be revised to update terminology 
used in this subpart and make other non-substantive changes. Paragraph 
(c) would also be revised to correct references to other revised 
paragraphs in this subpart for personnel who must provide evidence of 
having maintained the required standard of competence every 5 years.
    Redesignated paragraph (d) would be revised to update the paragraph 
reference which was redesignated from paragraph (b) to paragraph (c) 
and would be revised to replace the word ``sea'' with ``relevant 
seagoing'' to better describe the service needed to maintain the 
standard of competence.

VI. Incorporation by Reference

    Material proposed for incorporation by reference appears in the 
proposed regulatory text for 46 CFR 11.102 and 12.103. The sections 
that reference these standards, and the locations and web addresses 
where these standards are available, are listed in those sections. The 
material incorporated by reference is summarized in this preamble in 
Section V, Discussion of Proposed Rule, under the discussions of 
Sec. Sec.  11.102 and 11.1105. For information about how to view this 
material, see the ADDRESSES section of this preamble. Copies of the 
material are available from the sources listed in the proposed 
regulatory text for Sec. Sec.  11.102 and 12.103. Before publishing a 
binding rule, we will submit this material to the Director of the 
Federal Register for approval of the incorporation by reference.
    Consistent with 1 CFR part 51 incorporation by reference 
provisions, this material is reasonably available. Interested persons 
have access to it through their normal course of business, may purchase 
it from the IMO identified in 46 CFR 11.102 or 12.103, or may view a 
copy by means we have identified in those sections.

VII. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. A summary of our analyses 
based on these statutes or Executive orders follows.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory 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 costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility.
    Additionally, Executive Order 13609, ``Promoting International 
Cooperation,'' promotes the goal of Executive Order 13563. Executive 
Order 13609 targets international regulatory cooperation to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. As discussed in sections IV. Background, and V. 
Discussion of Proposed Rule, as a signatory to the STCW Convention, the 
United States is required to implement amendments to the STCW 
Convention and the STCW Code through national regulations.
    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. Accordingly, OMB has 
not reviewed it. A summary of the proposed rule's impacts is presented 
below, and a more detailed discussion on the estimated costs and 
benefits of this proposed rule follows.
    The proposed rule would make the following changes, which would 
apply to all personnel serving on U.S.-flagged passenger ships:
    (1) Incorporate by reference the 2017 Edition of the STCW 
Convention and the STCW Code, to include amendments through 2016 in 46 
CFR parts 11 and 12.
    (2) Add a new requirement for all personnel to complete passenger 
ship emergency familiarization appropriate to their capacity, duties, 
and responsibilities during an emergency. Personnel would have to 
complete the familiarization before being assigned to shipboard duties. 
The passenger ship emergency familiarization requirement would apply to 
all personnel, including masters, officers, and ratings qualified under 
Chapters II, III, and VII of the STCW Convention. This familiarization 
would not require Coast Guard approval in accordance with 46 CFR part 
10, subpart D, and could be conducted on board the ship or at a shore-
based location. Mariners or ship operators should maintain 
documentation verifying that personnel have completed the passenger 
ship emergency familiarization.
    (3) Expand the applicability of the crowd management training 
requirement by adding ratings qualified under Chapters II, III, and VII 
of the STCW Convention to the current applicability of officers and 
personnel designated on the muster list to assist passengers in 
emergency situations. Currently, only masters, officers, and personnel 
designated on the muster list to assist passengers on board passenger 
ships in emergency situations must complete crowd management training.
    The Coast Guard considers the benefits and costs of the proposed 
rulemaking against the baseline, which is our best assessment of 
maritime affairs absent this proposed action. The Coast Guard does not 
have data on whether the U.S.-passenger-ship industry is currently in 
compliance with the training requirements in this proposal. Pursuant to 
46 CFR 1.01-10(f)(1), which authorizes the Coast Guard to supervise the 
administration of the manning of U.S. ships, PSC officers

[[Page 52331]]

and Coast Guard inspectors are currently verifying that mariners hold 
the appropriate credentials and have met the training required by the 
STCW Convention and the STCW Code, but are not tracking compliance with 
the requirements outlined in this proposed rule, since compliance is 
currently voluntary.
    While the Coast Guard believes it is possible that personnel may 
have already completed the required passenger ship trainings before the 
effective date of this proposed rule, due to a lack of data, we cannot 
assume compliance. Thus, for the purposes of this regulatory analysis, 
we assume personnel are not in compliance with the proposed training 
requirements, and we measure initial compliance costs in the first year 
of implementation. As a result, the Coast Guard estimates that the 
operating companies of U.S.-flagged passenger ships would incur 
undiscounted average annual costs of approximately $352,560, in 2021 
dollars, from the passenger ship emergency familiarization 
requirements, and ratings qualified under Chapters II, III, and VII of 
the STCW Convention would incur undiscounted average annual costs of 
$21,185, in 2021 dollars, to comply with the crowd management training 
requirement. Taken together, the proposed rule would result in 
annualized costs to industry of approximately $375,707, and total costs 
of $3,374,817, in 2021 dollars, when discounted at 2 percent over a 10-
year period of analysis. The Coast Guard believes the proposed rule 
would improve safety of life at sea by ensuring passenger ship 
personnel are equipped to assist passengers in an emergency and would 
also maintain the ability of passenger ships and mariners to operate in 
international markets. Table 1 provides a summary of the proposed 
rule's applicability, affected population, potential costs, and 
benefits.

             Table 1--Summary of the Proposed Rule's Impacts
------------------------------------------------------------------------
               Category                              Summary
------------------------------------------------------------------------
Applicability.........................  The proposed rule would apply to
                                         personnel serving on U.S.-
                                         flagged passenger ships that
                                         carry more than 12 passengers
                                         on international voyages.
Affected Population...................  The proposed rule creates costs
                                         for 37 operating companies
                                         employing 1,080 mariners and
                                         other personnel and for 44
                                         specified ratings serving on 50
                                         U.S.-flagged passenger ships.
Cost Impacts..........................  Operating companies would incur
                                         undiscounted average annual
                                         costs of approximately $352,560
                                         in 2021 dollars, from the
                                         passenger ship emergency
                                         familiarization requirements.
                                         Personnel with ratings
                                         qualified under Chapters II,
                                         III, and VII of the STCW
                                         Convention would incur
                                         undiscounted average annual
                                         costs of approximately $21,185,
                                         in 2021 dollars, in tuition,
                                         travel expenses, opportunity
                                         cost, and per diem to comply
                                         with the crowd management
                                         training requirements. Taken
                                         together, the proposed rule
                                         results in annualized costs to
                                         industry of approximately
                                         $375,707 and total costs of
                                         approximately $3,374,817 in
                                         2021 dollars, when discounted
                                         at 2 percent over a 10-year
                                         period of analysis.
                                        This proposed rule creates no
                                         new costs for Government.
Unquantified Benefits.................  The proposed rule aligns U.S.
                                         regulations with international
                                         standards and ensures the U.S.
                                         retains its status on the IMO's
                                         ``White List'' which ensures
                                         that U.S.-flagged passenger
                                         ships avoid potential
                                         detainment or denial of entry
                                         in foreign ports and U.S. This
                                         ensures U.S.-flagged vessels
                                         and mariners retain the ability
                                         to operate in international
                                         markets.
                                        The proposed rule promotes
                                         international harmonization and
                                         reciprocity of maritime
                                         regulations between the U.S.
                                         and countries where the
                                         affected ships in this proposed
                                         rule may operate. This
                                         reciprocity promotes the safety
                                         of U.S. passengers who
                                         disproportionately cruise on
                                         foreign-flagged ships.
                                        The proposed rule promotes the
                                         safety of life at sea in the
                                         case of an emergency which may
                                         prevent the loss of life,
                                         reduce the risk of injury, and
                                         increase protection of property
                                         in the marine environment.
------------------------------------------------------------------------

Description of Regulatory Changes
    This proposed rule would result in multiple changes that have 
costs. First, the proposed rule would add passenger ship emergency 
familiarization requirements for officers, ratings, and personnel on 
passenger ships making international voyages. This training includes 
topics to familiarize personnel with the general safety features aboard 
the ship, the location of essential safety equipment, including life-
saving appliances, the importance of personal conduct during the 
implementation of emergency plans, and restrictions on the use of 
elevators during emergencies. Passenger ship emergency familiarization 
also includes the requirement to communicate with passengers during an 
emergency, including the ability to communicate in the working language 
of the ship, including non-verbally communicating safety information, 
and understanding one of the languages in which emergency announcements 
may be broadcast on the ship during an emergency or drill. Second, the 
proposed rule would expand the applicability of crowd management 
training by requiring ratings qualified under Chapters II, III, and VII 
of the STCW Convention to complete this training. Currently, only 
officers and personnel designated on the muster list to assist 
passengers in emergency situations are required to complete this 
training. Table 2 lists and describes the changes we propose to make to 
46 CFR parts 11 and 12, with their associated impacts.

                               Table 2--Proposed Changes to 46 CFR Parts 11 and 12
----------------------------------------------------------------------------------------------------------------
               Section                            Description of Change                        Impact
----------------------------------------------------------------------------------------------------------------
                                      Proposed Revisions to 46 CFR Part 11
----------------------------------------------------------------------------------------------------------------
Part 11..............................  Revises the authorities listed for part 11  This editorial change would
                                        by removing extraneous references related   not impose any costs or cost
                                        to Executive Order 10173 and updates the    savings.
                                        reference to DHS Delegation No. 00170.1,
                                        Revision No. 01.4, to reflect the most
                                        recent revision of this document.
11.102(a)............................  Edits paragraph (a) to remove CG-MMC and    This editorial change would
                                        National Archives and Records               not impose any costs or cost
                                        Administration (NARA) phone numbers, as     savings.
                                        well as update the NARA website URL.
11.102(b)............................  Edits paragraph (b) introductory text to    This editorial change would
                                        add IMO phone number, email, and website.   not impose any costs or cost
                                                                                    savings.

[[Page 52332]]

 
11.102(b)(1), 11.102(b)(2)...........  Amends paragraphs (b)(1) and (b)(2) to      This editorial change would
                                        update the incorporation by reference of    not impose any costs or cost
                                        the STCW Convention, 2017 Edition, and      savings.
                                        specifies the paragraphs in 46 CFR part
                                        11 affected by these amendments.
11.305, 11.307, 11.309, 11.311,        Amends footnote 2 in Table 1 of each        This editorial change would
 11.313, 11.315, 11.317, 11.319,        impacted section to add reference to the    not impose any costs or cost
 11.321, 11.325, 11.327, 11.331,        appropriate section of the STCW Code.       savings.
 11.333.
11.329...............................  Renumbers footnotes associated with Table   This editorial change would
                                        1 for greater consistency with other        not impose any costs or cost
                                        sections, and amends footnote 2 in Table    savings.
                                        1 of this section to add reference to the
                                        appropriate section of the STCW Code.
11.1105..............................  Removes the term ``for officer              This editorial change would
                                        endorsements'' from the title to reflect    not impose any costs or cost
                                        that the Coast Guard does not issue         savings.
                                        endorsements in accordance with any of
                                        the requirements in this subpart.
11.1105(a)...........................  Merges paragraph (a)(1) into paragraph (a)  This editorial change would
                                        introductory text. Replaces the word        not impose any costs or cost
                                        ``vessel'' with ``ship'' for consistency    savings.
                                        with the terminology used in this
                                        subpart, adds the text ``before being
                                        assigned shipboard duties'' and deletes
                                        the text ``of this part'' for clarity.
11.1105(a)(1)........................  Amends paragraph (a)(1) to add a new        This change would create new
                                        requirement for officers and personnel to   costs and benefits.
                                        complete a passenger ship emergency         Operating companies would
                                        familiarization. Paragraph (a)(1)(i) is     incur initial-year costs of
                                        revised and redesignated as new paragraph   $390,941 (in undiscounted
                                        (a)(3) to retain the requirement for        2021 dollars) to comply with
                                        crowd management training.                  passenger ship emergency
                                                                                    familiarization
                                                                                    requirements. Affects 200
                                                                                    officers, 44 specified
                                                                                    ratings, and 836 personnel
                                                                                    serving on 50 U.S.-flagged
                                                                                    passenger ships, with
                                                                                    numbers declining in
                                                                                    subsequent years due to
                                                                                    ships exiting the industry.
                                                                                    Benefits include enhanced
                                                                                    passenger safety at sea in
                                                                                    the case of an emergency
                                                                                    which may prevent the loss
                                                                                    of life, reduce the risk of
                                                                                    injury, and increase
                                                                                    protection of property in
                                                                                    the marine environment. It
                                                                                    also increases international
                                                                                    harmonization of maritime
                                                                                    regulation and allows the
                                                                                    U.S. to maintain its status
                                                                                    on the IMO's ``White List''.
11.1105(a)(2)........................  Continues renumbering of paragraphs in      This editorial change would
                                        section 11.1105 for consistency with        not impose any costs or cost
                                        paragraph numbering in the STCW Code, and   savings.
                                        further clarifies that officers and
                                        personnel are required to comply with the
                                        STCW Code's training requirements.
11.1105(a)(3)........................  Paragraph (a)(1)(i) is redesignated as      This editorial change would
                                        paragraph (a)(3) to retain the              not impose any costs or cost
                                        requirement for crowd management            savings since it is a
                                        training. Revisions include adding that     revision of an existing
                                        training may be accepted, and adding        requirement. The new costs
                                        ``ratings qualified under Chapters II,      associated with expanding
                                        III, and VII of the STCW Convention'' as    crowd management training
                                        affected mariners to harmonize with         requirement to ratings
                                        changes in 46 CFR Part 12.                  qualified under Chapters II,
                                                                                    III, and VII of the STCW
                                                                                    Convention will be reflected
                                                                                    in the changes to 46 CFR
                                                                                    Part 12.
11.1105(a)(4), 11.1105(a)(5).........  Paragraph (a)(1)(iii) is redesignated as    This editorial change would
                                        paragraph (a)(4) and paragraph (a)(1)(iv)   not impose any costs or cost
                                        is redesignated as paragraph (a)(5) to      savings.
                                        continue renumbering of paragraphs in
                                        section 11.1105 for consistency with the
                                        format of the five-tiered approach to
                                        training in the STCW Code and
                                        corresponding paragraph numbering to
                                        improve readability for readers familiar
                                        with the STCW Code.
11.1105(b), 11.1105(c), 11.1105(d),    Paragraph (a)(2) is redesignated as         This editorial change would
 11.1105(e).                            paragraph (b), redesignates paragraph (b)   not impose any costs or cost
                                        as paragraph (c), redesignates paragraph    savings.
                                        (c) as paragraph (d), and redesignates
                                        paragraph (d) as paragraph (e). All are
                                        revised to reference the appropriate
                                        paragraph detailing training or evidence
                                        of training. Paragraph (d) deletes
                                        ``sea'' and adds ``relevant seagoing''
                                        for consistency. Paragraph (e) changes
                                        ``vessels'' to ``ships'' and adds
                                        ``Convention'' after ``STCW'' for greater
                                        consistency with the terminology used in
                                        this subpart.
----------------------------------------------------------------------------------------------------------------

[[Page 52333]]

 
                                      Proposed Revisions to 46 CFR Part 12
----------------------------------------------------------------------------------------------------------------
Part 12..............................  Revises the authorities listed for part 12  This editorial change would
                                        by adding additional sections from 46       not impose any costs or cost
                                        U.S.C. 7303-7316 to more clearly cite the   savings.
                                        statutory authority provided by Congress,
                                        and updates the reference to DHS
                                        Delegation No. 00170.1, Revision No.
                                        01.4, to reflect the most recent revision
                                        of this document.
12.103(a)............................  Edits paragraph (a) to remove CG-MMC and    This editorial change would
                                        NARA phone numbers, as well as update the   not impose any costs or cost
                                        NARA website URL and email.                 savings.
12.103(b)............................  Edits paragraph (b) introductory text to    This editorial change would
                                        add IMO phone number, email, and website.   not impose any costs or cost
                                                                                    savings.
12.103(b)(1).........................  Redesignates paragraph (b)(1) as paragraph  This editorial change would
                                        (b)(2) and adds a new paragraph (b)(1) to   not impose any costs or cost
                                        incorporate by reference the STCW           savings.
                                        Convention, 2017 Edition.
12.103(b)(2).........................  Amends redesignated paragraph (b)(2) to     This editorial change would
                                        update the incorporation by reference of    not impose any costs or cost
                                        the STCW Code, 2017 Edition, and updates    savings.
                                        the sections and paragraphs in 46 CFR
                                        Part 12 affected by these amendments.
12.603...............................  Amends footnotes 2 and 3 in Table 1 to      This editorial change would
                                        Sec.   12.3603(d) to add reference to the   not impose any costs or cost
                                        appropriate sections of the STCW Code.      savings.
12.605, 12.609, 12.611...............  Amends footnote 2 in Table 1 to Sec.        This editorial change would
                                        12.3605(c), Sec.   12.3609(c), and Sec.     not impose any costs or cost
                                        12.3611(c) to add reference to the          savings.
                                        appropriate sections of the STCW Code.
12.901...............................  Revises the title of subpart I to better    This editorial change would
                                        reflect the purpose of the subpart in       not impose any costs or cost
                                        accordance with the STCW Code. Changes      savings.
                                        the text ``part'' to ``subpart'' for
                                        consistency.
12.905(a)............................  Moves text from paragraph (a)(1) into       This editorial change would
                                        paragraph (a) introductory text. Replaces   not impose any costs or cost
                                        the word ``vessel'' with ``ship'' for       savings.
                                        consistency with terminology used in this
                                        subpart and revises the text to specify
                                        when and to whom the requirements apply.
12.905(a)(1).........................  Amends paragraph (a)(1) to add a            This change would create new
                                        requirement for all personnel to complete   costs and benefits. 37
                                        passenger ship emergency familiarization.   operating companies would
                                                                                    incur initial-year costs of
                                                                                    $390,941 (in undiscounted
                                                                                    2021 dollars) to achieve
                                                                                    compliance with passenger
                                                                                    ship emergency
                                                                                    familiarization
                                                                                    requirements. Affects 200
                                                                                    officers, 44 ratings, and
                                                                                    836 personnel serving on 50
                                                                                    U.S.-flagged passenger
                                                                                    ships, with numbers
                                                                                    declining in subsequent
                                                                                    years due to ships exiting
                                                                                    the industry. Benefits
                                                                                    include enhanced passenger
                                                                                    safety at sea in the case of
                                                                                    an emergency which may
                                                                                    prevent the loss of life,
                                                                                    reduce the risk of injury,
                                                                                    and increase protection of
                                                                                    property in the marine
                                                                                    environment. It also
                                                                                    increases international
                                                                                    harmonization of maritime
                                                                                    regulation and allows the
                                                                                    U.S. to maintain its status
                                                                                    on the IMO's ``White List''.
12.905(a)(2).........................  Redesignates paragraph (a)(2) as paragraph  This editorial change would
                                        (b). Adds new paragraph (a)(2) to specify   not impose any costs or cost
                                        that personnel providing direct service     savings.
                                        to passengers in passenger spaces must
                                        complete passenger ship safety training
                                        specified in section A-V/2 paragraph 2 of
                                        the STCW Code. This was an existing
                                        requirement but is now being specified
                                        for greater clarity and consistency with
                                        the five-tiered approach to training in
                                        the STCW Code.

[[Page 52334]]

 
12.905(a)(3).........................  Adds new paragraph (a)(3) to require        This change would create new
                                        ratings qualified under Chapters II, III,   costs and benefits. Ratings
                                        and VII of the STCW Convention and          qualified under Chapters II,
                                        personnel designated on the muster list     III, and VII of the STCW
                                        to assist passengers in emergency           Convention would incur
                                        situations to complete crowd management     average annual costs of
                                        training.                                   $21,185 (in undiscounted
                                                                                    2021 dollars). More
                                                                                    specifically, we estimate
                                                                                    ratings will incur $65,185
                                                                                    (in undiscounted 2021
                                                                                    dollars) in the first year
                                                                                    to comply with crowd
                                                                                    management training
                                                                                    requirements and then incur
                                                                                    an average of $16,296 (in
                                                                                    undiscounted 2021 dollars)
                                                                                    in annually recurring costs
                                                                                    to train new ratings due to
                                                                                    turnovers. Affects 44
                                                                                    specified ratings serving on
                                                                                    50 U.S.-flagged passenger
                                                                                    ships in the first year of
                                                                                    implementation, with
                                                                                    decreasing numbers every
                                                                                    year after. See table 3 for
                                                                                    details on turnovers.
                                                                                    Benefits include enhanced
                                                                                    passenger safety at sea in
                                                                                    the case of an emergency
                                                                                    which may prevent the loss
                                                                                    of life, reduce the risk of
                                                                                    injury, and increase
                                                                                    protection of property in
                                                                                    the marine environment. It
                                                                                    also increases international
                                                                                    harmonization of maritime
                                                                                    regulation and allows the
                                                                                    U.S. to maintain its status
                                                                                    on the IMO's ``White List''.
                                                                                    In addition, this ensures
                                                                                    U.S. mariners meet
                                                                                    international standards and
                                                                                    maintain their ability to
                                                                                    serve on foreign-flagged
                                                                                    ships.
12.905(a)(4).........................  Adds new paragraph (a)(4) to specify that   This editorial change would
                                        personnel designated on the muster list     not impose any costs or cost
                                        as having responsibility for the safety     savings.
                                        of passengers in emergency situations
                                        must complete training in crisis
                                        management and human behavior. This was
                                        an existing requirement but is now being
                                        specified for greater clarity and
                                        consistency with the five-tiered approach
                                        to training in the STCW Code.
12.905(a)(5).........................  Adds new paragraph (a)(5) to specify that   This editorial change would
                                        personnel assigned immediate                not impose any costs or cost
                                        responsibility for embarking and            savings.
                                        disembarking passengers, loading,
                                        discharging, or securing cargo, or
                                        closing hull openings onboard ro-ro
                                        passenger ships must complete training in
                                        passenger safety, cargo safety, and hull
                                        integrity. This was an existing
                                        requirement but is now being specified
                                        for greater clarity and consistency with
                                        the five-tiered approach to training in
                                        the STCW Code.
12.905(b)............................  Redesignates paragraph (a)(2) as paragraph  This editorial change would
                                        (b) and revises text of paragraph (b) to    not impose any costs or cost
                                        clarify that personnel must retain          savings.
                                        documentary evidence of training
                                        completion. This was an existing
                                        requirement but is now being specified
                                        for greater clarity and consistency with
                                        the STCW Code.
12.905(c), 12.905(d), 12.905(e)......  Redesignates paragraph (b) as paragraph     This editorial change would
                                        (c), redesignates paragraph (c) as          not impose any costs or cost
                                        paragraph (d), redesignates paragraph (d)   savings.
                                        to paragraph (e), and revises text to
                                        reference the correct paragraphs
                                        outlining training requirements and
                                        evidence of training. Paragraph (d) is
                                        updated to remove ``sea'' and add
                                        ``relevant seagoing'' for consistency.
----------------------------------------------------------------------------------------------------------------

Affected Population
    This proposed rule would have two affected populations that would 
incur costs: (1) operating companies with U.S.-flagged passenger ships; 
and (2) ratings qualified under Chapters II, III, and VII of the STCW 
Convention serving on the same ships.
    The Coast Guard analyzed data from the Marine Information for 
Safety and Law Enforcement (MISLE) database to determine the number of 
U.S.-flagged passenger ships that carry more than 12 passengers on 
international voyages and to determine the number of unique owners and 
operators.\23\ We determined that there are 50 U.S.-flagged passenger 
ships owned by 37 operating companies that would incur the costs of 
providing passenger ship emergency familiarization to the officers, 
ratings, and personnel aboard their ships. Unlike most STCW Convention 
and STCW Code training requirements, it would be incumbent upon the 
owners and operators of these passenger ships to provide this training, 
since it is ship-specific and is given on board prior to assuming 
duties.
---------------------------------------------------------------------------

    \23\ The Coast Guard used MISLE to provide data on all active 
(inspected by definition) U.S.-flagged passenger vessels that carry 
over 12 passengers on international voyages as defined by their 
SOLAS certification and route type.
---------------------------------------------------------------------------

    To determine the number of officers, ratings, and personnel 
impacted by the proposed passenger ship emergency familiarization 
requirements, as well as the number of ratings qualified under Chapters 
II, III, and VII of the STCW Convention who would be subject to the 
proposed crowd management training

[[Page 52335]]

requirements, the Coast Guard used additional data from the MISLE 
database.\24\ The Coast Guard reviewed the certificate of inspection 
for all 50 U.S.-flagged passenger ships in the affected ship population 
and reviewed the manning requirements for each ship.\25\ Accordingly, 
we determined that 1,080 personnel [(100 officers + 22 specified 
ratings + 418 additional personnel) x 2 mariners per ship] would be 
subject to the proposed training requirements.\26\ Specifically, the 
passenger ship emergency familiarization requirement would affect 1,080 
personnel (200 officers + 44 specified ratings + 836 personnel), and 
the expanded applicability of crowd management training requirements 
would affect the 44 ratings. See table 3.
---------------------------------------------------------------------------

    \24\ MISLE was accessed on September 9, 2021.
    \25\ According to 46 U.S.C. Subtitle II, Part F: Manning of 
Vessels, manning requirements refer to requirements generally for 
the number of individuals required, qualifications and conditions of 
employment, and duties; for masters and other licenses and 
registered individuals; for pilots; for unlicensed personnel; for 
small vessels; for tank vessels; and for pilotage on the Great 
Lakes.
    \26\ For each passenger ship, we assume two individuals to serve 
in each billet, to account for the rotational nature of shipboard 
employment.

                             Table 3--Counts of Mariners in the Affected Population
----------------------------------------------------------------------------------------------------------------
                                           Number of         Number of      Number of additional
                                           officers      specified ratings        personnel       Total mariners
----------------------------------------------------------------------------------------------------------------
Crew 1................................             100                  22                   418             540
Crew 2................................             100                  22                   418             540
                                       -------------------------------------------------------------------------
    Total.............................             200                  44                   836           1,080
----------------------------------------------------------------------------------------------------------------

    Additionally, we utilized historical ship population data from 2012 
to 2021 to estimate growth rates within the industry, and subsequent 
changes to the ship and mariner population into the future. After 
examining the changes in ship population over time, the Coast Guard 
determined that the population of U.S.-flagged passenger ships is 
facing a gradual decline despite apparent growth in the foreign-flagged 
fleet. While linear growth rates are typically preferred, we determined 
that a linear decline that would eventually reach zero is an 
unrealistic picture of the changing dynamics of the ship population. 
Instead, a logarithmic decline that gradually levels off according to 
the formula for the trend line y = -10.93ln(x) + 70.614 more accurately 
portrays the industry because logarithmic functions are best used to 
project slow rates of decline, and trend towards a number without 
reaching zero. This rate of decline is reflected in Figure 1. However, 
for the purposes of this analysis, we estimate that the U.S.-flagged 
ship population will decrease by one ship each year, which is the 
closest whole number to the average annual change in population over 
the next 10 years of analysis. Therefore, we estimate that the 
continuous decrease in the affected mariner population is equivalent to 
the manning requirements of a ship exiting service each year.
[GRAPHIC] [TIFF OMITTED] TP21JN24.001

    Next, we reviewed the manning requirements for the 50 U.S.-flagged 
passenger ships to derive the average manning requirement and thereby 
estimate the decrease in mariners and personnel each year. The affected 
population of 50 U.S.-flagged passenger ships is comprised of 3 
categories of ships: 3 passenger vessels of 100 or more gross tons (46 
CFR Subchapter H), 9 small passenger vessels of less than 100 gross 
tons carrying more than 150 passengers or with overnight accommodations 
for more than 49 passengers (46 CFR Subchapter K), and

[[Page 52336]]

38 small passenger vessels of less than 100 gross tons (46 CFR 
Subchapter T). The average crew size for each of the categories of 
vessels and the entire population is displayed in Table 4.

         Table 4--Average Counts of Mariners by Category of Passenger Vessel in the Affected Population
----------------------------------------------------------------------------------------------------------------
                                                                Average         Average      Average additional
                      Vessel category                          officers         ratings           personnel
----------------------------------------------------------------------------------------------------------------
Passenger Vessels of 100 or More Gross Tons...............               8               7                    40
Passenger Vessels Carrying More Than 150 Passengers or                   3               0                    20
 With Overnight Accommodations for More Than 49 Passengers
Passenger Vessels of Less Than 100 Gross Tons.............               1               0                     3
                                                           -----------------------------------------------------
    Total (Across Entire Population) \27\.................               2               1                     8
----------------------------------------------------------------------------------------------------------------

    Based on this data, the Coast Guard estimates that the average ship 
in the population carries 11 mariners (2 officers, 1 specified rating, 
and 8 personnel) and operates with 2 crews that would be subject to the 
proposed requirements. The Coast Guard assumes that, as ships subject 
to the proposed requirements exit the fleet, mariners will have less 
opportunity to serve aboard these ships and leave the affected 
population. Because we do not know which category of vessel may exit 
the affected population in a given year, we elect to use the overall 
population average rather than the specific estimates for the 
subcategories of ships to account for mariner exit in the affected 
population. We believe that, since the majority of the affected 
population is made up of smaller ships (38 of the 50 affected ships), 
this overall average which tends toward a smaller ship is most 
representative. Therefore, we estimate that each exiting ship would 
result in 22 fewer personnel subject to the proposed training 
requirements (4 officers, 2 specified ratings, and 16 personnel across 
2 crews). The Coast Guard requests comments on the accuracy of our 
assumptions related to ship and mariner exit.
---------------------------------------------------------------------------

    \27\ These totals are calculated from the full affected 
population of vessels. For example, 200 officers divided by 50 ships 
leads to an average of 2 officers per ship.
---------------------------------------------------------------------------

Mariner Turnover
    In any given year, there will be turnover in the mariner population 
and some credentialed mariners will choose to exit the industry. The 
turnover rate is the number of mariners who leave the industry and will 
need to be replaced by mariners with an MMC. Because the Coast Guard 
does not issue passenger ship endorsements, we cannot estimate the 
turnover rate from existing data. Instead, the Coast Guard uses the 
turnover rate derived for the ``Persons in Charge of Fuel Transfers'' 
final rule (PIC rule), published on May 27, 2020 (85 FR 31677) as an 
approximation for the turnover rate for this rule.\28\ In that rule, 
the Coast Guard estimated that, in any given year, 32.55 percent of the 
population that was eligible to renew a specific MMC endorsement would 
not do so.
---------------------------------------------------------------------------

    \28\ https://www.federalregister.gov/documents/2020/05/27/2020-11366/person-in-charge-of-fuel-transfers (last visited 3/15/2024).
---------------------------------------------------------------------------

    The PIC rule utilized data from the National Maritime Center (NMC) 
for individuals obtaining MMCs with issue dates from April 2009 to 
March 2020 and expiration dates from August 2009 to March 2025. In the 
data from NMC, every MMC issued and every mariner has a unique 
identifying number such that sorting by mariner reference number shows 
all the MMCs for that mariner. We then cleaned the data and applied a 
formula that marks each MMC as either renewed, not renewed, or 
ineligible to renew. We marked any MMC with an expiration date after 
July 18, 2019 (when the data was downloaded) as ineligible to renew. 
Otherwise, we assumed an MMC is renewed if the issue date is within 
2,190 days of the previous MMC's issue date. The period of 2,190 days 
is equivalent to 6 years (6 years x 365 days in a standard calendar 
year), which represents the validity period of 5 years plus a year-long 
grace period wherein a mariner cannot use the expiring MMC but could 
renew that MMC without having to retake the required formal training 
from the beginning. If there was no new MMC issued by March 2015, we 
assumed that the mariner left the marine industry or otherwise no 
longer requires an MMC (turned over) in 2015. We then tabulated how 
many MMCs in each calendar year were eligible to renew, how many of 
those eligible were renewed, and how many of those eligible were not 
renewed to produce a turnover percentage as discussed. The PIC rule 
utilized a 3-year average of turnover rates to arrive at the calculated 
turnover rate. This rate assumes that any mariner lost to turnover in a 
given year is replaced by a mariner with an original MMC, in order to 
maintain a stable population of mariners able to serve the total 
population of vessels. We believe this turnover rate is a good 
approximation for the turnover rate in our population, because the MMC 
endorsement in the PIC rule has similar requirements for qualification, 
including similar prerequisites such as Basic and Advanced Firefighting 
training. The Coast Guard requests comments on the accuracy of our 
assumption that the estimated PIC turnover rate is similar to the 
passenger ship turnover rate.
    Therefore, in a similar manner, for this proposed rule, we assume 
that any mariner lost to annual turnover would be replaced by a mariner 
with the same credentials at this rate. This methodology ensures a 
stable population of mariners able to serve the total population of 
active ships. Because we propose, in part 12.905(d), that the standard 
of competence in crowd management can be maintained through evidence of 
1 year of sea service within the last 5 years, employing this turnover 
rate allows us to capture the number of new ratings entering service 
who would require crowd management training. This turnover rate is 
applied only to ratings, because this group of mariners can be replaced 
by those who have a newly issued original MMC, as noted above, and will 
be required to complete this training.
    Together, in subsequent years, we expect to see decreasing numbers 
of mariners seeking to meet the proposed requirements of this rule. 
Table 5 outlines the number of officers, ratings, and personnel we 
estimate would be required to complete passenger ship emergency 
familiarization and crowd management training over the next 10 years of 
analysis.

[[Page 52337]]



      Table 5--Mariners Needing Passenger Ship Emergency Familiarization and Crowd Management Trainings Due to Turnover and Ship Population Decline
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Number of
                                                                                                                   personnel needing   Number of ratings
                                                                 Officers in       Ratings in      Personnel in     passenger ship       seeking crowd
                             Year                              population \29\  population \30\  population \31\       emergency          management
                                                                                                                    familiarization     training due to
                                                                                                                       each year        turnovers \32\
                                                                           (a)              (b)              (c)   (d) = (a + b + c)  (e) = (b) x 32.55%
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................................              200               44              836               1,080                  44
2............................................................              196               42              820               1,058                  14
3............................................................              192               40              804               1,036                  13
4............................................................              188               38              788               1,014                  12
5............................................................              184               36              772                 992                  12
6............................................................              180               34              756                 970                  11
7............................................................              176               32              740                 948                  10
8............................................................              172               30              724                 926                  10
9............................................................              168               28              708                 904                   9
10...........................................................              164               26              692                 882                   8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Columns (a), (b), and (c) describe the decrease in overall mariner 
population each year due to ships being retired from service, estimated 
at approximately one ship per year. Column (d) provides a running total 
of personnel who will be required to take passenger ship emergency 
familiarization each year before assuming shipboard duties. Finally, 
column (e) describes the total number of ratings who would seek crowd 
management training due to turnover within the mariner population. 
Since we assume that mariners are currently not in compliance with the 
Section A-V/2 of the STCW Code, the total is the full population of 
ratings in year 1, with only new ratings completing training due to 
turnover in subsequent years.
---------------------------------------------------------------------------

    \29\ Officers in population values are equal to the previous row 
value minus 4 (2 officers each across 2 crews) as a result of 1 
vessel exiting the industry each year.
    \30\ Ratings in population values are equal to the previous row 
value minus 2 (1 ratings each across 2 crews) as a result of 1 
vessel exiting the industry each year.
    \31\ Personnel in population values are equal to the previous 
row value minus 16 (8 personnel each across 2 crews) as a result of 
1 vessel exiting the industry each year.
    \32\ Rounded to the nearest whole number. The first row in this 
column is an exception and should not be calculated with the 
provided (e) = (b) x 32.55% formula because all ratings would need 
to seek crowd management training in the first year of analysis.
---------------------------------------------------------------------------

Costs
    The Coast Guard has considered the additional costs of the proposed 
rulemaking against the baseline. Specifically, we have considered 
whether there are compliance costs to operating companies and personnel 
aboard the ships, as well as enforcement costs to the Federal 
government associated with the proposed rulemaking.
    First, the proposed rule would add passenger ship emergency 
familiarization requirements for officers, ratings, and personnel on 
passenger ships making international voyages. These costs would be 
incurred by operating companies in the ship population. Second, the 
proposed rule would expand the applicability of crowd management 
training by requiring ratings qualified under Chapters II, III, and VII 
of the STCW Convention to complete this training. Currently, only 
officers and personnel designated on the muster list to assist 
passengers in emergency situations are required to complete this 
training. The Coast Guard believes that there may be existing ratings 
qualified under Chapters II, III, and VII of the STCW Convention with 
duties on the muster list, which already requires them to complete 
crowd management training. However, for the purposes of our analysis, 
due to a lack of data, we assume that all qualified ratings in the 
affected population would need to complete crowd management for the 
first time as a result of this proposed rule. The Coast Guard requests 
comment on the validity of this assumption.
    While these changes to training requirements would create new costs 
for operating companies and ratings qualified under Chapters II, III, 
and VII of the STCW Convention, the Coast Guard does not anticipate 
that this rulemaking would create added enforcement costs to the 
Federal government. We estimate that Coast Guard inspectors currently 
need 5-10 minutes to verify training documents during a PSC inspection, 
and that this proposal would not add to the time and resources expended 
under the current requirements.
Passenger Ship Emergency Familiarization and Crowd Management Trainings
    The proposed rule would require officers, ratings, and personnel to 
complete the passenger ship emergency familiarization and expand the 
applicability of crowd management training to include ratings qualified 
under Chapters II, III, and VII of the STCW Convention. Discussions 
with subject matter experts (SMEs) from CG-MMC and personnel at local 
Coast Guard inspections offices reveal that we are currently unable to 
determine whether the U.S. passenger ship industry is in compliance 
with the training requirements of the STCW Convention because 
compliance is voluntary and not required to be recorded during an 
inspection. Therefore, for the purposes of this analysis, we assume 
that everyone in the affected population would need to comply with the 
proposed passenger ship emergency familiarization and crowd management 
training requirements. We request public comment as to the actual 
percentage of the affected population that is in compliance with the 
2016 training requirements.
    The following section estimates the initial first-year compliance 
costs and the future recurring compliance costs associated with the 
proposed rulemaking.

[[Page 52338]]

Cost of Passenger Ship Emergency Familiarization
    Passenger ship emergency familiarization is conducted on board when 
personnel report for duty and would include topics to familiarize 
personnel with the general safety features aboard the ship, the 
location of essential safety equipment, including life-saving 
appliances, the importance of personal conduct during the 
implementation of emergency plans, and restrictions on the use of 
elevators during emergencies. Passenger ship emergency familiarization 
also includes the requirement to communicate with passengers during an 
emergency, including the ability to communicate in the working language 
of the ship, including non-verbally communicating safety information, 
and understanding one of the languages in which emergency announcements 
may be broadcast on the ship during an emergency or drill. Because this 
training is ship-specific and given before personnel are assigned to 
shipboard duties, we assume that operating companies incur the costs of 
these required trainings. Costs are based on the opportunity cost of 
time of personnel required to complete the training.
    The Coast Guard assumes that a mariner serving at management level 
aboard the ship gives the familiarization training to crewmembers. 
According to 46 CFR 10.107, management level refers to the level of 
responsibility associated with (1) serving as master, chief mate, chief 
engineer officer or second engineer officer onboard a seagoing ship; 
and (2) ensuring that all functions within the designated area of 
responsibility are properly performed. We believe mariners at this 
level to be most qualified to provide this training, given that this 
training is meant to be specific to the ship on which the mariners 
serve. The Coast Guard requests comment on this assumption and whether 
another individual would be more likely to provide this training.
    Based on input from SMEs and Coast Guard inspectors from local 
offices with oversight in the operating areas of the ships, the Coast 
Guard estimates that this training requires 4 hours per individual. In 
addition, we assume that it requires half this time, or 2 hours, for a 
management level officer to prepare to deliver the training. We make 
this assumption as they are responsible for shipboard management and 
familiar with the areas required to be included in the passenger ship 
emergency familiarization training. Given the relatively small size of 
the average ship in the affected population and the ship-specific 
knowledge of the management level officers on board, we assume that 2 
hours would be sufficient development and preparation time for both 
initial and subsequent training offerings. The Coast Guard requests 
comment on the accuracy of our assumptions related to the time to 
prepare for and deliver passenger ship emergency familiarization 
training.
    To compute the opportunity cost of time of the affected population 
to complete passenger ship emergency familiarization training, we use 
the U.S. Bureau of Labor Statistics' (BLS) Occupational Employment 
Statistics occupational series, ``53-5021 Captains, Mates, and Pilots 
of Water Vessels,'' under North American Industry Classification System 
(NAICS) 483100--Deep Sea, Coastal, and Great Lakes Water Transportation 
to estimate the hourly mean wage rate for officers, which is $46.02 in 
2021 dollars.\33\ Similarly, we use BLS occupational series, ``53-5011 
Sailors and Marine Oilers,'' to estimate the mean wage rate for 
ratings, which is $28.07 in 2021 dollars.\34\ Finally, we use ``53-6061 
Passenger Attendants'' to estimate the mean wage rate for personnel, 
which is $24.26 in 2021 dollars.\35\
---------------------------------------------------------------------------

    \33\ https://www.bls.gov/oes/2021/may/oes535021.htm (last 
visited 6/3/2024).
    \34\ https://www.bls.gov/oes/2021/may/oes535011.htm (last 
visited 6/3/2024).
    \35\ https://www.bls.gov/oes/2021/may/oes536061.htm (last 
visited 6/3/2024).
---------------------------------------------------------------------------

    Next, we apply a load factor to these wage rates to determine the 
total compensation of officers, ratings, and personnel more accurately. 
We calculate a load factor of 1.48 (1.4756 rounded up) from the BLS's 
Employer Costs of Employee Compensation December 2021 release.\36\ We 
then multiply the hourly wage rates by this load factor. Therefore, we 
find the loaded hourly wage rate of an officer is $68.11 ($46.02 x 
1.48), the loaded hourly wage rate of a rating is $41.54 ($28.07 x 
1.48), and the loaded hourly wage rate of personnel is $35.90 ($24.26 x 
1.48).
---------------------------------------------------------------------------

    \36\ We obtained a total compensation estimate of $33.57 and the 
wages and salaries estimate of $22.75 for private industry workers 
for the transportation and material moving occupational group from 
Table 4 of the Employer Costs for Employee Compensation--December 
2021 release at https://www.bls.gov/news.release/archives/ecec_03182022.pdf (last visited 6/3/2024). This allowed us to 
determine a load factor of 1.475 ($33.47/$22.75) that we could apply 
to the mean hourly wage rate to obtain an estimate for total 
compensation for an officer and rating.
---------------------------------------------------------------------------

    Because all personnel must receive this training each time they 
report for duty, we assume that the training would be delivered to the 
entire population of personnel each year. In addition, we assume that 
this new training will be delivered at a quarterly frequency on 
average, in line with other trainings required for mariners serving on 
Subchapter T and K vessels according to CFR 46 185.420 and 122.420, 
respectively. This means that, in the first year, 200 officers, 44 
specified ratings, and 836 personnel across 2 crews (assuming each crew 
serves 6 months on average) would need to take this training twice, for 
a total of 8 training hours per mariner. Additionally, 1 management 
level officer would need to prepare to deliver the training and 
document completion of the training for personnel aboard their ship 
twice for each crew, meaning 100 officers (1 officer delivering the 
training twice for each crew across 50 ships) would need to spend 4 
hours preparing to deliver the training in the first year, 0.166 hours 
(10 minutes) of which would be used to document training completion. 
The Coast Guard requests comment on the accuracy of our assumptions 
surrounding the frequency of this training.
    Therefore, in the first year of implementation, we estimate that 
operating companies would incur costs of $390,941 in undiscounted 2021 
dollars, rounded. This is the sum of 200 officers taking the training 
twice for a total of 8 hours at a loaded wage rate of $68.11 (200 x 8 x 
$68.11 = $108,976), 44 specified ratings taking the training twice for 
a total of 8 hours at a loaded wage rate of $41.54 (44 x 8 x $41.54 = 
$14,622.08), 836 personnel taking the training twice for a total of 8 
hours at a loaded wage rate of $35.90 (836 x 8 x $35.90 = $240,099.20), 
and 100 officers preparing to deliver and document completion of the 
training twice for a total of 4 hours at a loaded wage rate of $68.11 
(100 x 4 x $68.11 = $27,244.
    Costs to the population of operating companies would decrease over 
time as ships exit the industry at an estimated rate of one per year. 
The Coast Guard estimates that the average ship in the population 
carries 11 mariners (2 officers, 1 specified rating, and 8 personnel) 
and operates with 2 crews that would be subject to the proposed 
requirements. The Coast Guard assumes that, as ships subject to the 
proposed requirements exit the fleet, mariners serving on those ships 
would also exit the affected population and would no longer be subject 
to the proposed training requirements. Therefore, we estimate that each 
exiting ship would result in 22 fewer personnel subject to the proposed 
training requirements (4 officers, 2 specified ratings, and 16 
personnel), and this is reflected in the calculations. Over the 10 
years of

[[Page 52339]]

analysis, we estimate that operating companies would incur average 
annual costs of $352,560 and total costs of $3,525,602, in undiscounted 
2021 dollars. Table 6 describes the cost impacts of the passenger ship 
emergency familiarization requirements over the next 10 years of 
analysis.

                    Table 6--Undiscounted Costs of the Passenger Ship Emergency Familiarization Requirement Over 10 Years of Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Hours to
                                    Officers   Officers   Ratings   Personnel   Officer     Rating   Personnel   Hours to  prepare and
               Year                  giving     taking     taking     taking     loaded     loaded     loaded      take      document      Total cost
                                    training   training   training   training     wage       wage       wage     training    training
                                         (a)        (b)   (c) \37\        (d)        (e)        (f)        (g)        (h)          (i)   (j) = [(a x e x
                                                                                                                                                      i)
                                                                                                                                           + (b x e x h)
                                                                                                                                           + (c x f x h)
                                                                                                                                           + (d x g x h)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................        100        200         44        836     $68.11     $41.54     $35.90          8            4          $390,941
2................................         98        196         42        820      68.11      41.54      35.90          8            4           382,412
3................................         96        192         40        804      68.11      41.54      35.90          8            4           373,883
4................................         94        188         38        788      68.11      41.54      35.90          8            4           365,354
5................................         92        184         36        772      68.11      41.54      35.90          8            4           356,825
6................................         90        180         34        756      68.11      41.54      35.90          8            4           348,296
7................................         88        176         32        740      68.11      41.54      35.90          8            4           339,767
8................................         86        172         30        724      68.11      41.54      35.90          8            4           331,237
9................................         84        168         28        708      68.11      41.54      35.90          8            4           322,708
10...............................         82        164         26        692      68.11      41.54      35.90          8            4           314,179
    Average......................  .........  .........  .........  .........  .........  .........  .........  .........  ...........           352,560
--------------------------------------------------------------------------------------------------------------------------------------------------------
        10-Year Total............  .........  .........  .........  .........  .........  .........  .........  .........  ...........         3,525,602
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

Cost of the Crowd Management Trainings
---------------------------------------------------------------------------

    \37\ The 32.55 percent turnover rate for ratings discussed in 
the mariner turnover section is not reflected here because the 
emergency familiarization training will be given each year when 
reporting for duty. Except for those mariners leaving the population 
due to ships exiting the market, we assume that the number of 
ratings will be constant each year in order to fully meet the 
manning requirements of the ships remaining in the affected 
population.
---------------------------------------------------------------------------

    The crowd management training requirement would apply to the 44 
specified ratings across 2 crews in the affected mariner population for 
the first year of implementation. In subsequent years, only a fraction 
of the mariner population would need to seek crowd management training, 
due to a declining ship population and employee turnover.\38\ The cost 
of attending a crowd management course includes tuition, travel 
expenses, opportunity cost of time, and meal and incidental expenses 
(M&IE), which would be incurred by the affected ratings qualified under 
Chapters II, III, and VII of the STCW Convention.
---------------------------------------------------------------------------

    \38\ See table 4 for more specifics on the numbers of ratings 
who would seek crowd management training over the next 10 years of 
analysis.
---------------------------------------------------------------------------

(a) Tuition and Opportunity Cost of Attendance
    There are currently approximately 25 Coast Guard-approved training 
providers offering crowd management training. Because crowd management 
is an existing training requirement, we do not assume any new costs to 
training providers to develop crowd management courses and obtain Coast 
Guard approval of these courses. The websites of seven training centers 
provide detailed information on the length and tuition for the course. 
According to this data, the duration of a crowd management course 
ranges from 4 to 8 hours to complete, for an average of 5.17 hours. As 
a result, we estimate that ratings would take 1 day, on average, to 
complete the course. Tuition ranges from $90 to $400, for an average 
cost of $219. Table 7 provides an overview of the available crowd 
management courses with associated costs and hours, while table 8 
describes the estimated undiscounted cost for an individual rating to 
take crowd management training.
---------------------------------------------------------------------------

    \39\ All websites accessed March 15, 2023.
    \40\ Not all training providers indicated the length of course 
time on their websites. Those not providing the length of their 
offered crowd management course are indicated with an N/A in the 
Hours column.

        Table 7--Coast Guard Approved Training Centers Currently Offering Crowd Management Training Costs
----------------------------------------------------------------------------------------------------------------
                Training center                                Website \39\                  Cost     Hours \40\
----------------------------------------------------------------------------------------------------------------
Alaska Vocational Technical Center.............  https://avtec.edu/maritime/courses/          $90.00         4.0
                                                  crowd-management-alavtc-142/.
Captain School USVI............................  https://www.captainschoolusvi.com/......      250.00         N/A
Chesapeake Marine Training Institute...........  https://www.chesapeakemarineinst.com/        200.00         4.0
                                                  cmti-course/crowd-management/.
Maritime Professional Training.................  https://www.mptusa.com/course-details/       199.00         8.0
                                                  crowd-management-course-155.
Maritime Institute.............................  https://maritimeinstitute.com/course/           400         7.0
                                                  crowd-management/.
Quality Maritime Training, LLC.................  https://qualitymaritimetraining.com/          195.00         4.0
                                                  courses/all-courses/crowd-management/.
                                                ----------------------------------------------------------------
Resolve Maritime Academy.......................  https://resolveacademy.com/course/crowd-     199.00         4.0
                                                  management/.
    Average....................................  .......................................         219        5.17
----------------------------------------------------------------------------------------------------------------


[[Page 52340]]


    Table 8--Opportunity Cost of Time for Ratings To Complete a Crowd
                            Management Course
------------------------------------------------------------------------
                                                              Total
                                                           Opportunity
           Loaded wage rate                  Hours        cost of crowd
                                                            management
                                                              course
(a)                                                (b)   (c) = (a) x (b)
------------------------------------------------------------------------
$41.54................................               8             $332
------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

(b) Travel Distribution
    To estimate the cost of travel and the opportunity cost of travel 
time, we assume varying modes of travel for mariners getting to and 
from approved training based on the distribution of travel modes, 
derived in table 16 of CG-MMC Policy Letter 01-21: Guidelines for 
Qualifying for STCW Endorsements for Basic and Advanced IGF Code 
Operations cost analysis.\41\ We reflect the same percentages in this 
NPRM as in the policy letter by assuming that 20 percent would drive to 
the training center and return the same day, 46 percent would drive and 
stay 2 nights, and 34 percent would fly and stay 2 nights.\42\ The 
percentages used in CG-MMC Policy Letter 01-21 derived from the 
distance required to travel to the nearest training provider for each 
mariner based on the ZIP Code associated with their credential and the 
ZIP Codes associated with the training provider locations. The policy 
letter utilized a random sample of 100 mariners with STCW endorsements 
involving the International Code of Safety for Ships Using Gases or 
Other Low Flashpoint Fuels (IGF Code) travelling to training centers 
offering relevant IGF Code training courses. In that analysis, we 
determined that 20 mariners would commute to the nearest training 
provider (or live less than 85.4 miles from a training provider), 46 
would drive to the nearest training provider and lodge overnight (or 
live between 85.4 miles and 583.5 miles from a training provider), and 
34 would fly to the nearest training provider and lodge overnight (or 
live greater than 583.5 miles from a training provider).
---------------------------------------------------------------------------

    \41\ https://www.regulations.gov/document/USCG-2020-0181-0002. 
Similar methodology was also used in the Towing Vessel Firefighting 
Training Appendix A, published on October 3, 2023, (88 FR 67966), 
available at: https://www.regulations.gov/document/USCG-2020-0492-0013.
    \42\ Id.
---------------------------------------------------------------------------

    Because there is no specific endorsement for the population of 
mariners affected by this proposed rule (mariners serving on small 
passenger ships making international voyages), it is not possible to 
accurately replicate this methodology in this analysis. Due to this 
lack of data, we have determined to use the percentages as they appear 
in CG-MMC Policy Letter 01-21. We acknowledge that this creates 
uncertainty surrounding our cost estimates related to travel for this 
specific population of mariners. The Coast Guard requests public 
comment on our decision to use these predetermined rates of travel for 
this cost analysis.
    We use the same methodology from CG-MMC Policy Letter 01-21 to 
estimate the thresholds and opportunity costs for travel among the 
affected population. Using updated data, the Coast Guard estimates that 
mariners who live or reside less than 93.9 miles from a training 
provider would commute to the closest site without lodging or utilizing 
overnight accommodations. We base this assumption on a report titled, 
``Commuting in America (2): The National Report on Commuting Patterns 
and Trends,'' from the American Association of State Highway and 
Transportation Officials, which posits that Americans, on average, are 
willing to spend up to a maximum of 90 minutes commuting to work each 
way.\43\ This report, which used data from the American Community 
Survey, illustrates that approximately 97.5 percent of American 
commuters spent 90 minutes (1.5 hours) or less commuting to work.\44\ 
To convert 90 minutes into a distance, we calculate an average driving 
speed using data from the Department of Transportation (DOT's) National 
Highway Traffic Safety Administration's report, ``National Traffic 
Speeds Survey III: 2015.'' \45\ From this report, we take the mean 
speed from the three road classes across the five time periods 
provided. We obtain an average speed of 62.6 mph. We then multiply the 
average speed of these three road classes by 1.5 hours (90 minutes) to 
obtain our commuting distance threshold of 93.9 miles (62.6 mph x 1.5 
hours).
---------------------------------------------------------------------------

    \43\ The American Association of State Highway and 
Transportation Officials conducted the report in 2013 and used 
Census Bureau data in the report. Please see Figure 11-13 on page 16 
to obtain the travel distribution time to work in minutes. Readers 
can access the report at https://transportation.org/traveltrends/commuting-in-america/brief-13-11-commuting-departure-time-and-trip-time/. Last accessed March 12, 2024.
    \44\ The American Community Survey is an ongoing survey by the 
U.S. Census Bureau. It regularly gathers information pertaining to 
demographics and housing characteristics of U.S. households. More 
information on this survey can be found at: https://www.census.gov/programs-surveys/acs/about.html (last visited 6/3/2024).
    For information on ``mega-commuting'' refer to footnote 29 or 
this brochure from the ACS: https://www.census.gov/content/dam/Census/library/working-papers/2013/demo/SEHSD-WP2013-03.pdf (last 
visited 6/3/2024).
    \45\ In order to convert this to distance, we take the mean 
total of table 12's Speed by Road Type and Time of Day estimates 
from 2015 to get at average road speed of 62.6 miles per hour. This 
information can be found in table 12 using the ``Download Document'' 
link for Publication No. DOT HS 812 485 (March 2018) at this 
website: https://rosap.ntl.bts.gov/view/dot/35961 (last visited 6/3/
2024).
---------------------------------------------------------------------------

    The next threshold we estimated is the distance at which a mariner 
would choose to drive to the training provider and lodge for the 
duration of the training before returning to their place of residence. 
To determine this distance, we establish a range by calculating the 
minimum and maximum distances for this threshold. The minimum distance 
at which mariners would drive and lodge during training must be equal 
to the threshold established by those mariners commuting: 93.9 miles 
(188 miles round trip).
    The National Household Travel Survey estimates that 94.3 percent of 
Americans travel by personal vehicle when making round trips of less 
than 500 miles.\46\ We use this distance of 500 miles as the lower 
bound of our maximum distance threshold. To estimate the upper bound of 
our maximum distance threshold, we reference data from the Office of 
Airline Information report, ``Average Length of Haul, Domestic Freight 
and Passenger Modes (Miles),'' which calculated the average domestic 
passenger flight length of 944 miles (1,888 miles round trip) in 
2021.\47\ We use this average domestic passenger flight statistic 
because it reflects a distance at which the average American prefers 
flying over other modes of transportation when traveling from one 
location to another.
---------------------------------------------------------------------------

    \46\ The BTS conducted the National Household Travel Survey in 
2001, and it was last updated in May of 2017. Please see table 4, 
``Percent of Long-Distance Trips by Mode and Roundtrip Distance'' to 
obtain the travel distance distribution of trips by miles and travel 
mode. Readers can access the table at: https://www.bts.gov/archive/publications/highlights_of_the_2001_national_household_travel_survey/table_04. 
The table was accessed on September 13, 2022.
    \47\ The Office of Airline Information at the BTS collects air 
freight and domestic passenger summary data. This office divides 
revenue passenger miles by revenue passenger enplanements to 
calculate the average length of passenger trips. To find the average 
length of a domestic flight, please see table 1-38, ``Average Length 
of Haul, Domestic Freight and Passenger Modes (Miles)'' and refer to 
cell AM:13. Readers can access the table at: https://www.bts.gov/content/average-length-haul-domestic-freight-and-passenger-modes-miles. The table was accessed on March 12, 2024.
---------------------------------------------------------------------------

    Additionally, to validate the value of an 1,888 miles round trip, 
we reference the National Household Travel Survey

[[Page 52341]]

data. A round-trip distance of 1,888 miles is close to the 2,000 plus 
miles round-trip distance category used by the National Household 
Travel Survey. For trips of over 2,000 miles round trip, 22.2 percent 
of Americans would travel by car and 74.8 percent would travel by 
flying. We then average our lower and upper bounds for the maximum 
distance threshold to obtain an average maximum distance of 1,194 miles 
[(500 miles + 1,888 miles) / 2], or 597 miles one-way.
    Therefore, the Coast Guard determines that, beyond 583.4 miles 
between a mariner's place of residence and the training provider they 
attended, mariners would choose to fly and lodge instead of drive and 
lodge. Table 9 displays the distance thresholds for all three choices 
of transportation.

         Table 9--Modes of Travel and Travel Distance Thresholds
------------------------------------------------------------------------
                                            Travel distance (one-way)
                                            threshold for a mariner to
             Travel choice                reach their  nearest training
                                              provider denoted by x
------------------------------------------------------------------------
Commute................................  x < 93.9 miles.
Drive and Lodge........................  93.9 miles <= x <= 597 miles.
Fly and Lodge..........................  x > 597 miles.
------------------------------------------------------------------------

(c) Opportunity Cost of Travel Time for Mariners
    After determining the travel mode thresholds, the Coast Guard then 
determined the costs associated with each mode of travel. A mariner 
incurs an opportunity cost during the time they spend traveling to the 
closest training provider. To calculate these costs, we utilized the 
commuting distances and times calculated in CG-MMC Policy Letter 01-21. 
The policy letter calculated that the average commuter faces a 61.2-
mile round trip, and those driving and lodging face approximately a 
498.8-mile round trip.\48\
---------------------------------------------------------------------------

    \48\ The calculations for average trip distances were obtained 
from page 31 of the CG-MMC Policy Letter 01-21: Guidelines for 
Qualifying for STCW Endorsements for Basic and Advanced IGF Code 
Operations cost analysis. See https://www.regulations.gov/document/USCG-2020-0181-0002 (last visited 6/3/2024).
---------------------------------------------------------------------------

    Next, we calculated the wages associated with the opportunity cost 
of travel. To calculate these costs, we took the mean hourly loaded 
wage rate for a rating taking a crowd management course, $41.54, and 
multiplied it by the time required to travel to and from the closest 
training provider. For mariners commuting, it would take an average 
round-trip time of approximately 0.98 hours to commute to a training 
provider [the average round-trip distance divided by the average mean 
road class speed (61.2 miles round trip / 62.6 mph)]. Similarly, we 
performed this calculation for those mariners driving and lodging to 
get an average round-trip time of about 7.97 hours (498.8 / 62.6 mph). 
However, mariners driving and lodging would be traveling only half the 
round-trip distance, or 3.99 hours, twice (on the day of arrival and 
the day of departure). Lastly, the Coast Guard estimated that it would 
take mariners the equivalent of an entire workday (8 hours) to fly to a 
training provider and fly back to their place of residence. This 
estimate encompasses the time necessary to travel to and from the 
airport, to go through security, wait for boarding, time on the tarmac, 
time in-flight, and the time to go through baggage claim upon arrival.
    For each travel mode, we multiplied the mean hourly loaded wage 
rate by the average commuting time, and the days traveling and the 
distribution of travel mode to arrive at the weighted opportunity cost 
of travel for a mariner. Table 10 displays the opportunity cost of time 
for each mode of transportation for an individual mariner.

                            Table 10--Weighted Average of Opportunity Cost of Time Used by Mode of Transportation per Mariner
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Commuting time                   Loaded hourly    Percent of      Total opportunity
                          Mode of travel                                per day     Days traveling    wage for a     mariners who       cost (sum of
                                                                        (hours)                      deck officer       travel            columns)
                                                                               (a)             (b)             (c)             (d)   = (a) x (b) x (c) x
                                                                                                                                                     (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flying to Training Provider.......................................               8               2          $41.54           34.00                  $226
Driving to Training Provider and Lodging..........................            3.99               2           41.54           46.00                   152
Commuting to Training Provider....................................            0.97               1           41.54           20.00                     8
                                                                   -------------------------------------------------------------------------------------
    Average Total Opportunity Cost of Travel for a Mariner for      ..............  ..............  ..............  ..............                   387
     Crowd Management Training....................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

(d) Fuel Costs
    If a mariner chooses to commute or chooses to drive and lodge for 
the duration of the training, they would incur the costs associated 
with the use of their own personal vehicle to travel to and from the 
training provider. The U.S. General Services Administration (GSA) sets 
the mileage reimbursement rate for federal employees who use their 
privately owned vehicle (POV) for official government travel and to 
present this information in a single standard mileage rate. The GSA 
also conducts reviews of travel costs on an annual basis to determine 
the mileage reimbursement rate by factoring in the costs of the 
following: the price of gasoline and oil, depreciation of the original 
vehicle cost, the costs of maintenance and insurance, and state and 
Federal taxes. The GSA approximates the POV mileage reimbursement rate 
to be $0.56 per mile

[[Page 52342]]

in 2021.\49\ To calculate the fuel costs for mariners commuting and not 
lodging, we multiplied this reimbursement rate by the number of days a 
mariner commutes by the average round-trip distance calculated for 
commuting, 61.2 miles. We used this same method when calculating the 
costs for mariners driving and lodging, with the difference being that 
they spend the equivalent of 1 day when completing their round-trip 
distance of 498.8 miles. Therefore, a mariner would incur a fuel cost 
of about $34.27 ($0.56 x 61.2 miles x 1 day) when commuting and $279.33 
($0.56 x 498.8 miles x 1 day) when driving to and lodging near a 
training provider.
---------------------------------------------------------------------------

    \49\ The GSA mileage rate data is available at https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates/privately-owned-vehicle-pov-rates/pov-mileage-rates-archived. We 
used the rate per mile rate of $0.56 for January 1, 2021.
---------------------------------------------------------------------------

    A mariner traveling by air would need to pay for round-trip airfare 
and transport fare to and from the airport. Using data from the Bureau 
of Transportation Statistics (BTS), we estimate the average unadjusted 
round-trip airfare to be $307 in 2021.\50\ To calculate the cost of 
transport, we refer to the costs of round-trip airport transfer in the 
2006 interim rule, Validation of Merchant Mariners' Vital Information 
and Issuance of Coast Guard Merchant Mariner's Licenses and 
Certificates of Registry, published January 13, 2006 (71 FR 2154), or 
$50. We inflate this value using the 2021 4th Quarter and the 2006 4th 
Quarter Gross Domestic Product (GDP) implicit price deflator values of 
112.848 and 84.770, respectively.\51\ After dividing the values, we 
obtain a factor of approximately 1.331. We multiply this value by $50 
to obtain a transfer cost of approximately $66.55, in 2021 dollars. 
Table 11 presents the average fuel and transfer costs associated with 
ratings completing a crowd management course.
---------------------------------------------------------------------------

    \50\ To view the annual average price of a round-trip airfare 
for 2021 in unadjusted dollars, visit the link at: https://
www.bts.dot.gov/newsroom/2021-annual-average-domestic-air-fares-
remain-
stable#:~:text=The%202021%20annual%20average%20domestic,collecting%20
such%20records%20in%201995 (last visited 6/3/2024).
    \51\ U.S. Bureau of Economic Analysis, Gross Domestic Product: 
Implicit Price Deflator [GDPDEF], retrieved from FRED, Federal 
Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/GDPDEF, March 6, 2024.

         Table 11--Weighted Average Fuel and Transfer Costs for a Rating Taking Crowd Management Course
----------------------------------------------------------------------------------------------------------------
                                                            Transport fare    Percent of
              Mode of travel                  Fuel cost/      to and from    mariners who      Average cost to
                                              ticket cost       airport         travel             mariner
                                                       (a)             (b)             (c)   = [(a) + (b)] x (c)
----------------------------------------------------------------------------------------------------------------
Flying and lodging........................         $307.00          $66.55              34                  $127
Driving and lodging.......................          279.33               0              46                   128
Commuting.................................           34.27               0              20                     7
                                           ---------------------------------------------------------------------
    Weighted Average Fuel Cost for a        ..............  ..............  ..............                   262
     Mariner taking Crowd Management
     Training.............................
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

(e) Meal and Incidental Expense (M&IE) Rates and Lodging Costs
    Mariners incur M&IE during training and travel days, and mariners 
not commuting incur lodging expenses during training days. To estimate 
these costs, we utilize the GSA 2021 general travel per diem rates of 
$55 for a full day and $41.25 for first and last day, calculated at 75 
percent of the full day rate.\52\ We also utilize the general lodging 
rates provided by GSA for 2021 and a calculated average lodging tax 
rate for 2021 from the 2021 HVS Lodging Tax Report--USA,\53\ to arrive 
at average lodging costs of $102.09 per night.\54\
---------------------------------------------------------------------------

    \52\ GSA per diem rates can be found here: https://www.gsa.gov/about-us/newsroom/news-releases/fy2021-per-diem-rates-for-federal-travelers-released-08142020 (last visited 6/3/2024). See https://www.gsa.gov/travel/plan-and-book/per-diem-rates/faqs#15, reference 
FAQ #15, for information on calculating first and last travel day 
M&IE per diem.
    \53\ https://www.hvs.com/article/9160-2021-hvs-lodging-tax-report-usa (last visited 6/3/2024).
    \54\ The lodging cost includes lodging tax. According to the 
GSA, the standard lodging rate for 2021 was $96. See https://www.gsa.gov/about-us/newsroom/news-releases/fy2021-per-diem-rates-for-federal-travelers-released-08142020. The average lodging tax 
rate was 6.34%, which can be found here: https://www.hvs.com/article/9160-2021-hvs-lodging-tax-report-usa. These websites were 
accessed on September 13, 2022. Thus, lodging cost per night is 
estimated to be $102.09 [($96 per night x 6.34% = $6.09 tax) + $96].
---------------------------------------------------------------------------

    We assume that those who choose to drive or fly would spend 2 
nights (arrival and training day) in a hotel, which costs $102.09 per 
night, for a total of $204.18. Accordingly, personnel who commute to a 
training center would incur $41.25, while personnel who drive or fly 
would spend about $137.50 ((2 days x $41.25) + (1 day x $55)) on meals 
and incidentals. Table 12 presents the weighted average cost breakdown 
by mode of transportation.

    Table 12--Weighted Average Mariners Incur M&IE and Lodging Costs (Undiscounted) for Ratings Taking Crowd
                                                Management Course
----------------------------------------------------------------------------------------------------------------
                                                                              Percent of
              Mode of travel                 Lodging costs       M&IE        mariners who        Total cost
                                                                                travel
                                                       (a)             (b)             (c)   = [(a) + (b)] x (c)
----------------------------------------------------------------------------------------------------------------
Flying and lodging........................         $204.18         $137.50           34.00               $116.17
Driving and lodging.......................          204.18          137.50           46.00                157.17
Commuting.................................            0.00           41.25           20.00                  8.25
                                           ---------------------------------------------------------------------
    Weighted Average MI&E and Lodging       ..............  ..............  ..............                   282
     Costs................................
----------------------------------------------------------------------------------------------------------------


[[Page 52343]]

(f) Documentation Costs
    It is the responsibility of the operating companies who are 
obligated by STCW Convention Regulation I/14, ``Responsibilities of 
Companies,'' to ensure that documentation relevant to personnel 
training is maintained and readily accessible. According to the 
information collection request, Standards of Training, Certification 
and Watchkeeping for Seafarers (STCW), 1995, 1997 and 2010 Amendments 
to the International Convention (OMB Control Number 1625-0079), it 
currently takes a technical specialist 0.083 hours (5 minutes) to 
record that personnel serving on passenger vessels are trained as 
required by Regulation V/2 of the STCW Convention. Given that this 
proposed rule expands the applicability of the crowd management 
training to ratings qualified under Chapters II, III, and VII of the 
STCW Convention, and that other STCW Convention and STCW Code trainings 
are already required to be recorded, we assume this documentation would 
not create additional costs. The Coast Guard requests comment on the 
validity of this assumption.
(g) Total Cost to Mariners Taking Crowd Management Training
    We estimate the total undiscounted annual costs for mariners 
required to take a crowd management course by adding the totals costs 
in tables 7, 8, 8, 9, and 10 and then multiplying by the affected 
population in table 5. We estimate the total undiscounted 10-year cost 
to be $211,850, and the undiscounted average cost to be $21,185 in 2021 
dollars. Table 13 describes the total undiscounted costs for mariners 
taking a crowd management course over the next 10 years of analysis.

                                    Table 13--Total Undiscounted Costs for Mariners Taking a Crowd Management Course
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Mariners                                    Average      Opportunity
                                          required to        Total       Total fuel     MI&E &     cost of time     Tuition
                 Year                    take training    opportunity      costs       lodging       of taking       costs            Total costs
                                            course      cost of travel                  costs         course
                                                   (a)             (b)          (c)          (d)             (e)          (f)    = [a x (b + c + d + e +
                                                                                                                                                     f)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................................              44            $387         $262         $282            $332         $219                    $65,185
2.....................................              14             387          262          282             332          219                     20,741
3.....................................              13             387          262          282             332          219                     19,259
4.....................................              12             387          262          282             332          219                     17,778
5.....................................              12             387          262          282             332          219                     17,778
6.....................................              11             387          262          282             332          219                     16,296
7.....................................              10             387          262          282             332          219                     14,815
8.....................................              10             387          262          282             332          219                     14,815
9.....................................               9             387          262          282             332          219                     13,333
10....................................               8             387          262          282             332          219                     11,852
                                       -----------------------------------------------------------------------------------------------------------------
    Average...........................  ..............  ..............  ...........  ...........  ..............  ...........                     21,185
    Average (Years 2-10)..............  ..............  ..............  ...........  ...........  ..............  ...........                     16,296
    10-Year Total.....................  ..............  ..............  ...........  ...........  ..............  ...........                    211,850
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

    Likewise, table 14 describes the total cost to industry (operating 
companies and ratings qualified under Chapters II, III, and VII of the 
STCW Convention) of the proposed rulemaking. Operating companies would 
incur the costs of the proposed passenger ship emergency 
familiarization, while the ratings who would be required to take the 
crowd management course under the proposed expanded applicability would 
incur those related costs. The Coast Guard estimates that the 
annualized total cost to industry over the next 10 years of analysis 
would be $375,707, in 2021 dollars, when discounted at 2 percent.

          Table 14--Total Cost to Industry of the Proposed Rulemaking Over a 10-Year Period of Analysis
                                                 [2021 dollars]
----------------------------------------------------------------------------------------------------------------
                                                                    Crowd management
                                                 Passenger ship    training costs for
                     Year                          emergency        ratings qualified    Total cost   Discounted
                                                familiarization    under STCW chapters                   (2%)
                                                     costs          II, III, and VII
----------------------------------------------------------------------------------------------------------------
1............................................           $390,941               $65,185     $456,126     $447,182
2............................................            382,412                20,741      403,153      387,498
3............................................            373,883                19,259      393,142      370,467
4............................................            365,354                17,778      383,132      353,954
5............................................            356,825                17,778      374,602      339,289
6............................................            348,296                16,296      364,592      323,747
7............................................            339,767                14,815      354,581      308,684
8............................................            331,237                14,815      346,052      295,352
9............................................            322,708                13,333      336,042      281,185
10...........................................            314,179                11,852      326,031      267,459
                                              ------------------------------------------------------------------
    Total....................................  .................  ....................    3,737,452    3,374,817
    Annualized...............................  .................  ....................  ...........     $375,707
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.


[[Page 52344]]

Standards Incorporated by Reference (IBR)-Related Changes
    Proposed IBR-related changes refer to the sections in 46 CFR parts 
11 and 12 that would be revised to incorporate the 2017 Edition of the 
STCW Convention and the STCW Code. See Section V, Discussion of 
Proposed Rule, in this preamble. In themselves, the IBR-related changes 
do not impose any cost on the regulated industry. Table 2 describes 
each IBR-related change in the proposed rule and provides explanations 
for the no-cost determinations.
Costs to Government
    Coast Guard inspectors are currently requesting mariner credentials 
and training records related to the STCW Convention and the STCW Code, 
but they are not tracking compliance with the requirements outlined in 
this proposed rule since compliance is currently voluntary. We estimate 
that verifying the training documents currently would require 5-10 
minutes per vessel. We do not anticipate this rulemaking to add to the 
time and resources currently necessary to verify training certificates 
as part of an inspection. Accordingly, the proposed rulemaking has no 
new costs to the Government.
Benefits
    The Coast Guard anticipates that the proposed rule would improve 
the safety of life at sea in the case of an emergency by ensuring that 
ship personnel are familiar with safety features, emergency equipment 
and procedures, basic communication, and crowd management techniques. 
This is important so that the ship's personnel would be able to assist 
passengers, including elderly and disabled individuals, during an 
emergency. The consequences of the loss of a ship from the affected 
population are potentially catastrophic.
    While there are no examples of major accidents in the affected 
population of U.S.-flagged ships, the Costa Concordia disaster in the 
foreign fleet provides some insight into the how costly improper 
emergency management can be. On January 13, 2012, the Costa Concordia, 
an Italian passenger ship operating in the Mediterranean Sea with 3,206 
passengers and 1,023 crewmembers on board, struck a reef off the 
Italian coastline. The incident resulted in the loss of 32 lives (27 
passengers and 5 crewmembers), injury to 157 others, and the total loss 
of the ship. In the ensuing accident report,\55\ the Italian Ministry 
of Infrastructures and Transports concluded that multiple factors 
contributed to the injuries and loss of life. Some of these factors 
included delayed management of the emergency response and evacuation 
process, inconsistencies in assignment of duties, communication issues 
due to the different backgrounds of passengers and crewmembers, and 
passenger confusion over which personnel employed on passenger vessels 
were trained to assist in an emergency.\56\ While other factors 
certainly contributed to the loss of life and injury in this maritime 
disaster, it is evident that clearly communicated emergency procedures 
and experience with crowd management could have aided both crew and 
passengers in responding to the emergency occurring onboard their ship. 
Both U.S.-flagged ships and ships in the foreign-flagged fleet (where 
U.S. passengers disproportionately travel) can expose passengers and 
crew to greater risk of loss of life and injury.
---------------------------------------------------------------------------

    \55\ See footnote 8.
    \56\ Ibid at 159.
---------------------------------------------------------------------------

    While we have not conducted a risk analysis on the U.S.-flagged 
ship population related to the training provisions in this proposed 
rule due to a lack of data, we can estimate the costs associated with 
loss of life and ship in the population. We utilized data from the 
National Vessel Documentation Center to estimate $809,500 as the median 
price of a U.S.-flagged passenger ship.\57\ In addition, we reviewed 
the manning requirements for all 50 ships in the ship population to 
derive the average manning requirement and maximum number of 
passengers. Based on this data, we estimate that the average ship in 
the population can carry 11 mariners (2 officers, 1 specified rating, 
and 8 personnel) and 120 total passengers at one time. In order to 
estimate the benefit of preventing a fatality, we utilize the Value of 
a Statistical Life (VSL) estimate of $11.8 million for analyses, using 
a base year of 2021.\58\ The VSL is defined as the additional cost that 
individuals would be willing to bear for improvements in safety (that 
is, reductions in risks) that, in the aggregate, reduce the expected 
number of fatalities by one. This conventional terminology has often 
provoked misunderstanding on the part of both the public and 
decisionmakers. What is involved is not the valuation of life, as such, 
but the valuation of reductions in risks. For example, a VSL of $11.8 
million does not mean that a specific human life is worth $11.8 million 
but is, instead, meant to measure the willingness to pay for reductions 
in only small risks of premature death (say, $118 for a risk of 1 in 
100,000). This approach to valuation of mortality risks is endorsed by 
OMB Circular A-4, which provides guidance to Federal agencies on the 
development of regulatory analysis.\59\
---------------------------------------------------------------------------

    \57\ The median price is utilized here due to significant 
outliers on the upper bound of vessel valuations. The mean price is 
weighted upward by the inclusion of 4 large ships with valuations of 
$500,000,000, which is atypical for the relatively small size ships 
in the population.
    \58\ For more information on the VSL, see the DOT guidance 
located at https://www.transportation.gov/office-policy/transportation-policy/revised-departmental-guidance-on-valuation-of-a-statistical-life-in-economic-analysis (last visited 3/12/2024).
    \59\ https://www.whitehouse.gov/wp-content/uploads/2023/11/CircularA-4.pdf.
---------------------------------------------------------------------------

    In the event of a total loss of ship and life due to lack of 
emergency training and procedure, we estimate losses totaling $809,500 
from loss of ships and $1.5 billion from loss of life,\60\ per ship 
lost.
---------------------------------------------------------------------------

    \60\ Loss of life is calculated as $1,545,800,000 [($11.8 
million x 131 people (11 crew members and 120 passengers)], rounded.
---------------------------------------------------------------------------

    Beyond the costs associated with a catastrophic loss, it should be 
noted that the United States is required to implement amendments to the 
STCW Convention and the STCW Code through national regulations. Failure 
to meet our treaty obligation to fully implement the STCW Convention 
could cause the United States to lose its status on the IMO White List. 
The White List distinguishes administrations that are in full 
compliance with the STCW Convention and the STCW Code. Loss of this 
status could cause U.S. ships to be subject to more rigorous PSC 
inspections in foreign ports, including possible detainment or denial 
of entry, resulting in potential revenue losses. Additionally, U.S. 
mariners could be ineligible to serve on foreign-flagged passenger 
ships. Hence, by aligning national regulations with the STCW Convention 
and the STCW Code, the proposed rule would ensure that owners and 
operators of U.S.-flagged ships, as well as U.S. mariners, are able to 
operate in international markets.
    Further, there is an additional benefit in the promotion of 
international harmonization and reciprocity of maritime regulation. 
This proposed rule advances Executive Order 13609, ``Promoting 
International Cooperation,'' which targets international regulatory 
cooperation to reduce, eliminate, or prevent unnecessary differences in 
regulatory requirements. By promoting harmonization of international 
maritime safety regulations, the United States ensures that our ships 
comply with international standards and meet the regulations of foreign 
countries while

[[Page 52345]]

our ships are in their waters, while also promoting higher baseline 
safety standards for foreign-flagged ships that often carry U.S. 
passengers.
Alternatives Considered
    As a party to the STCW Convention, the United States is obligated 
to implement all amendments into domestic law. The United States 
proposed and supported these amendments, recognizing the enhanced 
safety measure as desirable.
    This proposed rule would codify the STCW Convention and the STCW 
Code, including amendments through 2016. As a signatory to the STCW 
Convention, the United States must ensure compliance with its treaty 
obligations through full implementation of amendments to the STCW 
Convention and the STCW Code. The STCW Convention is not self-
implementing; therefore, the Coast Guard does not have discretion and 
must issue regulations to implement these requirements. Failure to meet 
the treaty obligations could cause the United States to lose status on 
the IMO's ``White List,'' which distinguishes administrations that are 
in full compliance with the STCW Convention and the STCW Code. Because 
the Coast Guard must implement the training requirements outlined in 
the 2016 amendments and does not propose to implement any discretionary 
requirements as a part of this proposed rule, we have not examined any 
alternatives to the proposed rule.

B. Small Entities

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, we 
have considered the impact of this proposed rule on 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.
    An Initial Regulatory Flexibility Analysis discussing the impact of 
this proposed rule on small entities addresses the following as 
required under section 603(b) of the RFA:
    (1) A description of the reasons why action by the agency is being 
considered;
    (2) A succinct statement of the objectives of, and legal basis for, 
the proposed rule;
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply;
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities that will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    (5) An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap, or conflict with the 
proposed rule; and
    (6) A description of any significant alternatives to the proposed 
rule that accomplish the stated objectives of applicable statutes and 
that minimize any significant economic impact of the rule on small 
entities.
    1. A description of the reasons why action by the agency is being 
considered.
    The growth of foreign flagged passenger ships as a vacation 
destination has resulted in the launching of consistently larger ships 
and subsequent concerns over passenger safety. Passenger ship travel 
requires passengers to feel assured of their safety, regardless of 
where the ship originates or hails. Typically, passengers are only on 
board these ships for a short time, and seldom have maritime 
experience, so they rely on the ship's crew to assist them in emergency 
situations. In emergency situations, it may be impossible for 
passengers to identify which crewmembers are trained to assist them in 
an emergency. Such situations pose risks to life, health, and safety, 
as well as damage to property and the marine environment.
    The IMO has worked to address these risks, leading to amendments in 
2016 to the STCW Convention and the STCW Code to ensure that passenger 
ship personnel are familiar with the safety features, emergency 
equipment and procedures, basic communication, and crowd management 
techniques in order to assist passengers, including elderly and 
disabled individuals, during an emergency.
    The United States is a signatory to the STCW Convention and must 
ensure compliance with its treaty obligations through full 
implementation of the STCW Convention and the STCW Code. The STCW 
Convention is not self-implementing. The Coast Guard must issue 
regulations to implement these requirements. The Coast Guard issued CG-
MMC Policy Letter 02-21 to advise owners and operators of U.S. 
passenger ship operating companies of the requirements of the STCW 
Convention and the STCW Code. However, if the Coast Guard does not 
issue regulations to implement these requirements, they are not 
enforceable, and there is a risk that U.S. ships could be denied entry 
to or detained in foreign ports, that U.S. mariners could be ineligible 
to serve on foreign-flagged ships, and that operating companies, 
personnel, and, we believe, the passengers would be at higher risk for 
loss of ship, serious injury, or loss of life as the result of an 
emergency for which mariners and personnel were unprepared.
    2. A succinct statement of the objective of, and legal basis for, 
the proposed rule.
    The legal basis of this proposed rule is title 14 U.S.C. 102(3), 
which 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. More specifically, 46 
U.S.C. 7101 authorizes the Secretary of DHS to prescribe the 
requirements for credentialing, and 46 U.S.C. 7306 and 7313 authorize 
the prescription of requirements for ratings. The Secretary of DHS has 
delegated these statutory authorities to the Coast Guard through DHS 
Delegation No. 00170.1(II)(92)(e), Revision No. 01.4, which generally 
authorizes the Coast Guard to determine and establish the experience 
and professional qualifications required for the issuance of 
credentials.
    3. A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply.
    As described in section VII A, Regulatory Planning and Review, in 
this document, there would be two affected populations of the proposed 
rule: (1) operating companies that would incur the costs of the 
proposed required passenger ship emergency familiarization, and (2) 
ratings qualified under Chapters II, III, and VII of the STCW 
Convention who would need to complete a crowd management course. 
Ratings qualified under Chapters II, III, and VII of the STCW 
Convention are individuals and not entities; as such, the second 
affected population does not contain any small entities. We focus the 
attention of this analysis on the operating companies of U.S.-flagged 
passenger ships.
    Of the 50 ships in the affected ship population, there are 37 
operating companies. Of these 37 operating companies:
     2 are governmental jurisdictions with populations over 
50,000, neither of which is classified as a small entity;
     1 is a non-profit organization, and is classified as a 
small entity;
     34 are private companies, of which 2 are not classified as 
small businesses, 20 are classified as small businesses, and 13 could 
not be classified because information could not be found on those

[[Page 52346]]

13 businesses. For the purpose of this analysis, we classify those 13 
businesses, where information could not be found, as small entities.
    We researched the number of employees and revenue of these 
companies using proprietary and public business databases. Then we 
measured company size data using the SBA business size standards to 
assess how many companies in this industry may be small entities. The 
SBA provides business size standards for all sectors of the North 
American Industry Classification System (NAICS).\61\ Our analysis of 
the available company information revealed 10 primary NAICS codes. 
Table 15 displays the NAICS codes of the small businesses found in our 
sample.
---------------------------------------------------------------------------

    \61\ https://www.sba.gov/sites/default/files/2023-06/Table%20of%20Size%20Standards_Effective%20March%2017%2C%202023%20%282%29.pdf (last visited 6/3/2024).

                              Table 15--NAICS Codes of Identified Small Businesses
----------------------------------------------------------------------------------------------------------------
                                                     Count of small                                  SBA size
                Title                   NAICS code     businesses       SBA size standard type       threshold
----------------------------------------------------------------------------------------------------------------
Scenic and Sightseeing                    48721005                 6  Revenue...................     $14,000,000
 Transportation, Water.
Inland Water Passenger Transportation     48321201                 4  Employee..................             550
All Other Amusement and Recreation        71399021                 3  Revenue...................      $9,000,000
 Industries.
Tour Operators.......................     56152007                 2  Revenue...................     $25,000,000
Site Preparation Contractors.........     23891061                 1  Revenue...................     $19,000,000
New Single-family Housing                 23611505                 1  Revenue...................     $45,000,000
 Construction (Except For-Sale
 Builders).
Hotels (except Casino Hotels) and           721110                 1  Revenue...................     $40,000,000
 Motels.
Boat Dealers.........................     44122215                 1  Revenue...................     $40,000,000
All Other Transit and Ground              48599906                 1  Revenue...................     $19,000,000
 Passenger Transportation.
----------------------------------------------------------------------------------------------------------------

    Revenue Impacts of the Proposed Rule. To determine the impacts of 
the proposed rule on small operating companies, we used information on 
revenue or employee size as available on business directory websites.
    As discussed in the ``Cost to Industry'' section of the regulatory 
analysis, we estimate that there is a population of 50 ships that would 
be subject to this rule in the first year of implementation, with an 
estimated population decline of 1 ship per year in subsequent years. 
There are 37 unique owners and operators of the affected ships 
employing 1,080 officers, ratings, and personnel subject to the 
proposed passenger ship emergency familiarization requirements, 33 of 
which are considered small entities. The Coast Guard was able to find 
revenue data on 20 of those 33 small entities, allowing us to analyze 
estimated impacts.
    We estimate that 4 hours is the time needed for officers, ratings, 
and personnel to complete the proposed passenger ship emergency 
familiarization. In addition, a management level officer would need 
approximately 2 hours to prepare to deliver the passenger ship 
emergency familiarization aboard each ship for each crew. We assume 
there are 2 crews per vessel to account for the rotational nature of 
shipboard employment, and that each crew (serving an average of 6 
months on board each ship) will take the training twice per year in 
line with other quarterly training requirements as outlined in 46 CFR 
185.420 and Sec.  122.420. Thus, we multiply the estimated training and 
training preparation hours by 2 to capture the quarterly frequency of 
training per year. The loaded hourly wage rate of officers, ratings, 
and personnel are $68.11, $41.54, and $35.90 respectively.
    Because all officers, ratings, and additional personnel are 
required to participate in emergency familiarization training, the 
Coast Guard needed to determine the number of officers, ratings, and 
personnel impacted by the proposed passenger ship emergency 
familiarization requirements. To determine this, we reviewed the 
certificate of inspection for all 27 U.S.-flagged passenger ships in 
the affected ship population owned by entities with available revenue 
data and reviewed the manning requirements for each ship. We then added 
the total officers, ratings, and additional personnel for each ship 
owned by each entity and multiplied by 2 to account for both crews on 
each ship. After determining the total affected personnel for each 
entity, we then calculate undiscounted first-year costs (in 2021 
dollars) for each impacted small entity in the affected population with 
known revenue data[(number of officers delivering training x 4 
preparation hours x $68.11 hourly wage) + (number of officers x 8 
training hours x $68.11 hourly wage) + (number of specified ratings x 8 
training hours x $41.54 hourly wage) + (number of additional personnel 
x 8 training hours x $35.90 hourly wage)]. We then divide the 
calculated first-year cost by the small entity's revenue to find the 
level of impact on the affected small entity. For example, for owner or 
operator ``A'' in column 1, we estimate undiscounted first-year costs 
of $13,490.40 [(8 officers x $68.11 officer wage x 8 training hours) + 
(0 ratings x $41.54 rating wage x 8 training hours) + (28 additional 
personnel x $35.90 personnel wage x 8 training hours) + (4 officers 
delivering training x $68.11 officer wage x 4 training preparation 
hours)]. We then find the estimated level of impact on owner or 
operator ``A'' of 0.76 percent by dividing the calculated first-year 
cost by its revenue obtained from public business databases ($13,490.40 
/ $891,000 = 1.56%). See Table 16 for the calculations of first-year 
costs and impacts on small entities in the affected population.

[[Page 52347]]



                               Table 16--Estimated First-Year Impact of the Emergency Familiarization Training for Affected Small Entities With Known Revenue Data
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Officers
                                                                             delivering                          Additional                  Training
    Owner or operator \62\       Number    Officers   Ratings   Additional    training    Officer     Rating     personnel     Training    preparation   Total cost       Owner or       Percent
                                of ships                        personnel      (2 per      wage        wage         wage         hours         hours                 operator  revenue   impact
                                                                               ship)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A............................          2          8         0           28            4    $68.11       $41.54       $35.90             8            4   $13,490.40        $891,000.00      1.51
B............................          3          8         0           14            6     68.11        41.54        35.90             8            4    10,014.48       2,184,000.00      0.46
C............................          1          2         0           10            2     68.11        41.54        35.90             8            4     4,506.64       1,313,000.00      0.34
D............................          1          2         0           10            2     68.11        41.54        35.90             8            4     4,506.64       8,000,000.00      0.06
E............................          3          6         0           12            6     68.11        41.54        35.90             8            4     8,350.32      15,400,000.00      0.05
F............................          1          4         0            4            2     68.11        41.54        35.90             8            4     3,873.20         534,000.00      0.73
G............................          1          4         0            4            2     68.11        41.54        35.90             8            4     3,873.20      31,124,000.00      0.01
H............................          1          4         0            8            2     68.11        41.54        35.90             8            4     5,022.00         744,000.00      0.68
I............................          1          4         0            8            2     68.11        41.54        35.90             8            4     5,022.00         298,000.00      1.69
J............................          3          6         0            8            6     68.11        41.54        35.90             8            4     7,201.52       2,184,000.00      0.33
K............................          1          2         0            8            2     68.11        41.54        35.90             8            4     3,932.24      19,481,000.00      0.02
L............................          1          2         0            4            2     68.11        41.54        35.90             8            4     2,783.44       1,649,000.00      0.17
M............................          1          4         0           12            2     68.11        41.54        35.90             8            4     6,170.80         149,000.00      4.14
N............................          1          4         0           10            2     68.11        41.54        35.90             8            4     5,596.40         149,000.00      3.76
O............................          1          4         0           10            2     68.11        41.54        35.90             8            4     5,596.40         337,000.00      1.66
P............................          1          4         0           12            2     68.11        41.54        35.90             8            4     6,170.80         149,000.00      4.14
Q............................          1          4         0           12            2     68.11        41.54        35.90             8            4     6,170.80     236,343,000.00      0.00
R............................          1          4         0           10            2     68.11        41.54        35.90             8            4     5,596.40         649,000.00      0.86
S............................          1          2         0            2            2     68.11        41.54        35.90             8            4     2,209.04       2,400,000.00      0.09
T............................          1          4         0            6            2     68.11        41.54        35.90             8            4     4,447.60         149,000.00      2.98
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 52348]]

    For this proposed rule, the Coast Guard considers an impact of 
greater than 1 percent (.01) of a small entity's annual revenue to be a 
significant impact. Table 17 shows the distribution of revenue impacts 
on the small entities affected by this proposed rule. In addition to 
the less than 1 percent threshold, which indicates no significant 
impact, we also include the 1-to-3 percent threshold indicating 
significant impact, and a greater than 3 percent threshold showing even 
greater impacts on affected small entities. The Coast Guard estimates 
that 7 small entities, or 35 percent of the population with known 
revenue, would incur significant impacts, with 3 of those small 
entities incurring impacts greater than 3 percent of their annual 
revenue.
---------------------------------------------------------------------------

    \62\ Small entity names have been removed to protect personal 
identifiable information.

                Table 17--Distribution of Revenue Impacts
------------------------------------------------------------------------
                                     Small entities    Portion of small
     Percent of revenue impact         with known        entities with
                                         revenue      known  revenue (%)
------------------------------------------------------------------------
<1................................                13                  65
1-3...............................                 4                  20
>3................................                 3                  15
------------------------------------------------------------------------

    4. A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirements and the type of professional skills necessary for 
preparation of the report or record.
    This proposed rule would call for a revised collection of 
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520. This proposed rule would revise the current information 
collection, Standards of Training, Certification and Watchkeeping for 
Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International 
Convention, OMB Control Number: 1625-0079.
    Under the existing OMB Control Number 1625-0079, the Coast Guard 
collects information from owners and operators of U.S.-flagged 
passenger ships, and ratings and officers serving on these ships, as 
well as from training centers. The proposed rule would add additional 
collection of information requirements to this existing collection of 
information in order to implement the STCW Convention and the STCW 
Code. These additional collection of information requirements would: 
(1) require the operating companies of U.S.-flagged passenger ships 
that carry 12 passengers or more on international voyages to provide 
documentary evidence that all personnel serving on these ships have 
completed a passenger ship emergency familiarization, and (2) require 
documentary evidence that required personnel have completed crowd 
management training for ratings serving on U.S.-flagged passenger ships 
that carry 12 passengers or more on international voyages.
    The additional collection of information in the proposed rule would 
ensure that mariners have completed training necessary to comply with 
the STCW Convention and the STCW Code and adequately assist passengers 
in the event of an emergency. The additional collection of information 
is also needed to demonstrate to the IMO that the United States, as a 
signatory to the STCW Convention, has met the obligation to implement 
requirements through national regulations.
    The additional collection of information in this proposed rule 
would affect an estimated 33 small entities. These entities are owners 
and operators of ships carrying 12 or more passengers on international 
voyages who employ officers, ratings, and personnel required to 
complete passenger ship emergency familiarization.
    According to the current collection of information, a management 
level officer spends about 5 minutes to document evidence of personnel 
training on behalf of operating companies. Accordingly, we estimate 
that the passenger ship emergency familiarization requirement of the 
proposed rule would increase the burden hour of the existing collection 
of information by 8.3 hours (50 ships x 0.166 hours per response x 2 
crews = 16.6 hours).
    In addition to the recordkeeping requirements of the proposed rule, 
there are also new training requirements. First, the proposed rule 
would expand the applicability of crowd management training by 
requiring ratings qualified under Chapters II, III, and VII of the STCW 
Convention to complete this training. Currently, only officers and 
personnel designated on the muster list to assist passengers in 
emergency situations are required to complete this training.
    Second, the proposed rule creates a new requirement for all 
personnel to complete passenger ship emergency familiarization 
appropriate to their capacity, duties, and responsibilities during an 
emergency. Personnel would have to complete the familiarization before 
being assigned to shipboard duties. The passenger ship emergency 
familiarization requirement would apply to all personnel, including 
masters, officers, and ratings qualified under Chapters II, III, and 
VII of the STCW Convention. This familiarization would not require 
Coast Guard approval in accordance with 46 CFR part 10, subpart D, and 
could be conducted on board the ship or at a shore-based location. 
Mariners or ship operators should maintain documentation verifying that 
personnel have completed the passenger ship emergency familiarization. 
This training includes topics to familiarize personnel with the general 
safety features aboard the ship, the location of essential safety 
equipment, including life-saving appliances, the importance of personal 
conduct during the implementation of emergency plans, and restrictions 
on the use of elevators during emergencies. Passenger ship emergency 
familiarization also includes the requirement to communicate with 
passengers during an emergency, including the ability to communicate in 
the working language of the ship, including non-verbally communicating 
safety information, and understanding one of the languages in which 
emergency announcements may be broadcast on the ship during an 
emergency or drill.
    5. An identification, to the extent practicable, of all relevant 
Federal rules which may duplicate, overlap, or conflict with the 
proposed rule.

[[Page 52349]]

    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this proposed rule.
    6. A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes, and 
which minimize any significant economic impact of the rule on small 
entities.
    As a party to the STCW Convention, the United States is obligated 
to implement all amendments into domestic law. The United States 
proposed and supported these amendments, recognizing the enhanced 
safety measure as desirable.
    This proposed rule would codify the 2017 edition of the STCW 
Convention and the STCW Code. As a signatory to the STCW Convention, 
the United States must ensure compliance with its treaty obligations 
through full implementation of amendments to the STCW Convention and 
the STCW Code. The STCW Convention is not self-implementing; therefore, 
the Coast Guard does not have discretion and must issue regulations to 
implement these requirements. Failure to meet the treaty obligations 
could cause the United States to lose status on the IMO's ``White 
List,'' which distinguishes administrations that are in full compliance 
with the STCW Convention and the STCW Code. Because the Coast Guard 
must implement the training requirements outlined in the 2016 
amendments and does not propose to implement any discretionary 
requirements as a part of this proposed rule, we have not examined any 
alternatives to the proposed rule.
    7. Conclusion.
    We are interested in the potential impacts from this proposed rule 
on small entities and we request public comment on these potential 
impacts. If you think that this proposed rule will have a significant 
economic impact on you, your business, or your organization, please 
submit a comment to the docket at the address under ADDRESSES in the 
interim rule. In your comment, explain why, how, and to what degree you 
think this proposed rule will have an economic impact on you.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed 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 proposed rule would call for a revised collection of 
information 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: Standards of Training, Certification and Watchkeeping for 
Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International 
Convention.
    OMB Control Number: 1625-0079.
    Summary of the Collection of Information: The STCW Convention 
establishes minimum standards of training, certification and 
watchkeeping for seafarers. The United States is a signatory to the 
STCW convention, which defines standards of competence necessary to 
ensure safety of life at sea and the marine environment and addresses 
the responsibilities of signatories to ensure seafarers meet standards 
of competence. The information collection requirements are necessary to 
implement the STCW Convention.
    Under the existing information collection, OMB Control Number 1625-
0079, the Coast Guard collects information from owners and operators of 
U.S.-flagged passenger ships, and ratings and officers serving on these 
ships, as well as training centers. The proposed rule would add 
additional requirements to the existing collection of information in 
order to implement the passenger ship training requirements of the STCW 
Convention. These additional collection of information requirements 
would: (1) require the owners and operators of U.S.-flagged passenger 
ships that carry 12 passengers or more on international voyages to 
provide documentary evidence that officers, ratings, and personnel 
serving on these ships have completed passenger ship emergency 
familiarization, (2) require owners and operators of U.S.-flagged 
passenger ships that carry 12 passengers or more on international 
voyages to provide documentary evidence that ratings qualified under 
Chapters II, III, and VII of the STCW Convention have completed crowd 
management training, and (3) require training providers to document 
course completion or disenrollment for crowd management training.\63\
---------------------------------------------------------------------------

    \63\ As of March 24, 2014, each school with an approved course 
must keep records for at least 5 years after the end of each 
student's completion or disenrollment from a course or program (46 
CFR 10.403). Training providers are not expected to keep additional 
records under this collection of information, only to continue to 
keep the records already required.
---------------------------------------------------------------------------

    Need for Information: The additional collection of information in 
the proposed rule would ensure that: (1) passenger ship personnel are 
trained to adequately assist passengers in the case of an emergency, 
(2) mariners have proof of completion of training necessary for 
compliance with the STCW Convention, and (3) the United States can 
verify and demonstrate that it has in place national regulations which 
implement the STCW Convention and the STCW Code, as is required of a 
signatory to the convention.
    Proposed Use of Information: The Coast Guard would use the 
additional collection of information in the proposed rule to help to 
ensure compliance with international requirements and to maintain 
acceptable quality in activities associated with training and 
assessment of merchant mariners.
    Description of the Respondents: The respondents are owners and 
operators of U.S.-flagged passenger ships that carry 12 passengers or 
more on international voyages and training providers offering crowd 
management courses.
    Number of Respondents: The additional collection of information in 
this proposed rule would affect an estimated 37 passenger ship 
operating

[[Page 52350]]

companies that carry 12 or more passengers on international voyages. 
These companies would have to document completion of passenger ship 
emergency familiarization for all personnel serving aboard their ships 
and retain documentation of a crowd management course for the ratings 
qualified under Chapters II, III, and VII of the STCW Convention 
serving aboard their ships.
    Frequency of Response: Operating companies of U.S.-flagged 
passenger ships that carry 12 or more passengers on international 
voyages would be required to submit the additional information when it 
is requested during a PSC inspection. The required passenger ship 
emergency familiarization and crowd management training records would 
be recorded at completion, to be available upon request.
    Burden of Response: According to the current collection of 
information, a management level officer spends about 0.083 hours (5 
minutes) to document evidence of mariners' training on behalf of a ship 
owner or operator for each of the two crews. Given this training is 
delivered twice for each crew, we estimate that a management level 
officer will spend 0.166 hours (10 minutes) to document evidence of 
this training each year. Accordingly, we estimate that the proposed 
passenger ship emergency familiarization would increase the burden hour 
of the existing collection of information by approximately 17 hours 
annually (50 ships x 0.166 hours per response x 2 crews = 16.6 hours).
    Also, according to the existing collection of information, a 
technical specialist spends about 0.083 hours (5 minutes) to document 
training records for personnel serving aboard passenger ships. Given 
that this proposed rule expands the applicability of the crowd 
management training to ratings qualified under Chapters II, III, and 
VII of the STCW Convention as a subset of the overall mariner 
population, and operating companies already record STCW training 
completion for this population, this creates a negligible increase in 
the amount of time required to document training records.
    The existing collection of information for training providers shows 
that an administrative specialist spends about 1 hour to document 
course completion, including a student's performance. However, because 
this action is taken once annually for each approved course, this would 
not increase the estimated burden for training providers, although this 
rule may minimally increase the number of students taking a crowd 
management course.
    Estimate of Total Annual Burden: The total estimated burden hours 
for this proposed rule is approximately 17 hours for operating 
companies of U.S.-flagged passenger ships that carry 12 or more 
passengers providing documentary evidence of having completed passenger 
ship emergency familiarization.
    As required by 44 U.S.C. 3507(d), we will submit a copy of this 
proposed rule to OMB for its review of the collection of information.
    We ask for public comment on the proposed collection of information 
to help us determine, among other things--
     How useful the information is;
     Whether the information can help us better perform our 
functions;
     How we can improve the quality, usefulness, and clarity of 
the information;
     Whether the information is readily available elsewhere;
     How accurate our estimate is of the burden of collection;
     How valid our methods are for determining the burden of 
collection; and
     How we can minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them to both the OMB and to the docket where indicated under ADDRESSES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

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 proposed 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 is as 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 the categories covered in 46 U.S.C. 7101, 7306, 7313 and 8101 
addressing personnel qualifications, and manning of ships, and any 
other category in which Congress intended the Coast Guard to be the 
sole source of a ship's obligations, are within the field foreclosed 
from regulation by the States. See, e.g., United States v. Locke, 529 
U.S. 89 (2000) (finding that the states are foreclosed from regulating 
tanker ships) 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). 
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.
    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 
ship'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 CONTACT section of this preamble.

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 million (adjusted for 
inflation) or more in any one year. Although this proposed rule would 
not result in such an expenditure, we do discuss the potential effects 
of this proposed rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would 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).

[[Page 52351]]

H. Civil Justice Reform

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

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments), because it would 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 proposed 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 Standard

    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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, Rev.1, 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 preliminary 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 preliminary 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 proposed rule would be categorically excluded under 
paragraphs L54 and L56 of Appendix A, table 1 of DHS Instruction Manual 
023-01, Rev. 1.\64\ Paragraph L54 pertains to regulations that are 
editorial or procedural and paragraph L56 pertains to regulations 
concerning the training, qualifying, licensing, and disciplining of 
maritime personnel.
---------------------------------------------------------------------------

    \64\ https://www.dhs.gov/sites/default/files/publications/DHS_Instruction%20Manual%20023-01-001-01%20Rev%2001_508%20Admin%20Rev.pdf (last visited 6/29/2023).
---------------------------------------------------------------------------

    This proposed rule involves implementation of the STCW Convention 
and the STCW Code particularly concerning requirements for personnel 
serving on passenger ships on international voyages. In particular, the 
STCW Convention and the STCW Code requires passenger ship emergency 
familiarization and crowd management training to promote the safety of 
life at sea in the case of an emergency. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects

46 CFR Part 11

    Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Schools, Seamen.

46 CFR Part 12

    Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Seamen.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 11 and 12 as follows:

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

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

    Authority:  14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 89; 46 U.S.C. 
7502, 7505, 7701, and 70105; E.O. 10173; DHS Delegation No. 00170.1, 
Revision No. 01.4. Section 11.107 is also issued under the authority 
of 44 U.S.C. 3507.

0
2. Revise Sec.  11.102 to read as follows:


Sec.  11.102  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the Coast Guard, Office of Merchant Mariner Credentialing 
(CG-MMC) and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard, CG-MMC at U.S. Coast Guard, Stop 7509, 
2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509, 202-
372-2357, [email protected]. For information on the availability of 
this material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations. The material may 
be obtained from the sources in the following paragraphs of this 
section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, England, +44 (0)20 7735 7611, [email protected], https://imo.org.
    (1) The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, 2017 Edition (the 
STCW Convention or the STCW), IBR approved for Sec. Sec.  11.201(h); 
11.426(c); 11.427(f); 11.428(c); 11.429(d); 11.493(e); 11.495(e); 
11.497(c); 11.553(d); 11.555(e); 11.1001(a); 11.1003(a); 11.1009(c); 
and 11.1105(a).
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
2017 Edition (the STCW Code), IBR approved for Sec. Sec.  11.201(h); 
11.301(a) and (f); 11.302(a), (c), and (d); 11.303(a) through (d); 
11.305(a), (c), and (e); 11.307(a), (c), and (e); 11.309(a), (d,) and 
(e); 11.311(a), (c), and (d); 11.313(a), (c), and (d); 11.315(a), (c), 
and (d); 11.317(a), (c), and (d); 11.319(a), (c), and (d); 11.321(a), 
(c), and (d); 11.325(a), (c), and (d); 11.327(a), (c), and (d); 
11.329(a), (d), and (e); 11.331(a), (d), and (e); 11.333(a), (c), and 
(d); 11.335(a) through (c); 11.604; 11.901(c); 11.1001(a); 11.1003(a); 
and 11.1105(a).
    (3) The International Convention for the Safety of Life at Sea, 
1974 (SOLAS),

[[Page 52352]]

incorporation by reference approved for Sec.  11.601.


Sec.  11.305  [Amended]

0
3. Amend Sec.  11.305 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (e), footnote 2 to Table 1 to Sec.  11.305(e), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.307  [Amended]

0
4. Amend Sec.  11.307 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (e), footnote 2 to Table 1 to Sec.  11.307(e), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.309  [Amended]

0
5. Amend Sec.  11.309 as follows:
0
a. In paragraph (a)(1)(ii), remove the text ``of this part''; and
0
b. In paragraph (e), footnote 2 to Table 1 to Sec.  11.309(e), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/1 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.311  [Amended]

0
6. Amend Sec.  11.311 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.311(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.313  [Amended]

0
7. Amend Sec.  11.313 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.313(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.315  [Amended]

0
8. Amend Sec.  11.315 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.315(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.317  [Amended]

0
9. Amend Sec.  11.317 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.317(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/3 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.319  [Amended]

0
10. Amend Sec.  11.319 as follows:
0
a. In paragraph (a)(1)(ii), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.319(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/1 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.321  [Amended]

0
11. Amend Sec.  11.321 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.321(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/3 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.325  [Amended]

0
12. Amend Sec.  11.325 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.325(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-III/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''


Sec.  11.327  [Amended]

0
13. Amend Sec.  11.327 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.327(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-III/2 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''
0
14. Amend Sec.  11.329 as follows:
0
a. In paragraph (a)(1)(ii), remove the text ``of this part''; and
0
b. In paragraph (e), in table 1 to Sec.  11.329, revise the footnotes.
    The revisions read as follows:


Sec.  11.329  Requirements to qualify for an STCW endorsement as 
Officer in Charge of an Engineering Watch (OICEW) in a manned 
engineroom or designated duty engineer in a periodically unmanned 
engineroom on vessels powered by main propulsion machinery of 750 kW/
1,000 HP propulsion power or more (operational level).

* * * * *
    (e) * * *

 Table 1 to Sec.   11.329(e)--STCW Endorsement as OICEW in a Manned Engine Room or Designated Duty Engineer in a
 Periodically Unmanned Engine Room on Vessels Powered by Main Propulsion Machinery of 750 kW/1,000 HP Propulsion
                                                  Power or More
                                               [Operational level]
----------------------------------------------------------------------------------------------------------------
                                                                Competence-- STCW Table    Training required by
Entry path from national endorsements      Sea service \1\            A-III/1 \2\            this section \3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Designated duty engineer, 3,000 kW/    12 months..............  Yes....................  Yes
 4,000 HP \4\.
Designated duty engineer, 750 kW/      24 months..............  Yes....................  Yes
 1,000 HP \4\.
----------------------------------------------------------------------------------------------------------------
\1\ This column provides the minimum additional service required of the seafarer in order to meet the
  requirements of this section.
\2\ Complete any items in paragraph (a)(3) of this section not previously satisfied in accordance with section A-
  III/1 of the STCW Code (incorporated by reference, see Sec.   11.102).
\3\ Complete any items in paragraph (a)(4) of this section not previously satisfied.
\4\ STCW certificate should be limited to vessels less than 500 GRT.

Sec.  11.331  [Amended]

0
15. Amend Sec.  11.331 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (e), footnote 2 to Table 1 to Sec.  11.331(e), after 
the text ``not

[[Page 52353]]

previously satisfied,'' add the text in accordance with section A-III/3 
of the STCW Code (incorporated by reference, see Sec.  11.102).''


Sec.  11.333  [Amended]

0
16. Amend Sec.  11.333 as follows:
0
a. In paragraph (a)(2), remove the text ``of this part''; and
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  11.333(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-III/3 of the STCW Code (incorporated by reference, see 
Sec.  11.102).''

Subpart K--Officers and Personnel on a Passenger Ship When on an 
International Voyage

0
17. Revise Sec.  11.1105 to read as follows:


Sec.  11.1105  General requirements.

    (a) To serve on a passenger ship on international voyages, before 
being assigned shipboard duties, masters, deck officers, chief 
engineers, and engineer officers must meet the appropriate requirements 
of the STCW Regulation V/2 and of section A-V/2 of the STCW Code 
(incorporated by reference, see Sec.  11.102) as follows:
    (1) Officers and personnel must have completed passenger ship 
emergency familiarization appropriate to their capacity, duties, and 
responsibilities as specified in section A-V/2 paragraph 1 of the STCW 
Code.
    (2) Officers and personnel providing direct service to passengers 
in passenger spaces must have completed passenger ship safety training 
specified in section A-V/2 paragraph 2 of the STCW Code.
    (3) Masters, officers, ratings qualified under Chapters II, III, 
and VII of the STCW Convention, and personnel designated on muster 
lists to assist passengers in emergency situations must have completed 
approved or accepted training in passenger ship crowd management 
specified in section A-V/2 paragraph 3 of the STCW Code.
    (4) Masters, chief engineer officers, chief mates, second engineer 
officers, and any person designated on muster lists as having 
responsibility for the safety of passengers in emergency situations 
onboard passenger ships must have completed approved or accepted 
training in crisis management and human behavior as specified in 
section A-V/2 paragraph 4 of the STCW Code.
    (5) Masters, chief engineer officers, chief mates, second engineer 
officers, and every person assigned immediate responsibility for 
embarking and disembarking passengers, loading, discharging, or 
securing cargo, or closing hull openings onboard ro-ro passenger ships 
must have completed approved or accepted training in passenger safety, 
cargo safety, and hull integrity as specified in section A-V/2 
paragraph 5 of the STCW Code.
    (b) Personnel required to be trained in accordance with paragraph 
(a) of this section must hold documentary evidence of successful 
completion of training as proof of meeting these requirements.
    (c) Personnel required to be trained in accordance with paragraphs 
(a)(3), (a)(4), or (a)(5) of this section must provide, at intervals 
not exceeding 5 years, evidence of maintaining the standard of 
competence.
    (d) The Coast Guard will accept onboard training and experience, 
through evidence of 1 year of relevant seagoing service within the last 
5 years, as meeting the requirements of paragraph (c) of this section.
    (e) Personnel serving onboard small passenger ships engaged in 
domestic, near-coastal voyages, as defined in Sec.  10.107 of this 
subchapter, are not subject to any obligation for the purpose of this 
STCW requirement.

PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS

0
18. The authority citation for part 12 is revised to read as follows:

    Authority:  31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 
7302, 7303-7316, 7503, 7505, 7701, and 70105; DHS Delegation No. 
00170.1, Revision No. 01.4.

0
19. Revise Sec.  12.103 to read as follows:


Sec.  12.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the Coast Guard, Office of Merchant Mariner Credentialing 
(CG-MMC) and at the National Archives and Records Administration 
(NARA). Contact Coast Guard, CG-MMC at U.S. Coast Guard, Stop 7509, 
2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509, 202-
372-2357, [email protected]. For information on the availability of 
this material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations. The material may 
be obtained from the sources in the following paragraphs of this 
section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, England; + 44(0)20 7735 7611; [email protected]; 
www.imo.org.
    (1) The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, 2017 Edition (the 
STCW Convention or the STCW), IBR approved for Sec. Sec.  12.811(a) and 
12.905(a).
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
2017 Edition (the STCW Code); IBR approved for Sec. Sec.  12.601(b); 
12.602(a), (c), and (d); 12.603(a), (c), and (d); 12.605(a) through 
(c); 12.607(a) and (c)); 12.609(a) through (c); 12.611(a) through (c); 
12.613(a) and (b); 12.615(a) and (b); 12.617(a) and (b); 12.619(a); 
12.621(a); 12.623(b); 12.811(a); and 12.905(a).


Sec.  12.603  [Amended]

0
20. Amend Sec.  12.603 as follows:
0
a. In paragraph (a)(4), remove the text ``of this part'';
0
b. In paragraph (d), footnote 2 to Table 1 to Sec.  12.603(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/4 of the STCW Code (incorporated by reference, see 
Sec.  12.103).''; and
0
c. In paragraph (d), footnote 3 to Table 1 to Sec.  12.603(d), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with section A-II/5 of the STCW Code (incorporated by reference, see 
Sec.  12.103).''


Sec.  12.605  [Amended]

0
21. Amend Sec.  12.605 as follows:
0
a. In paragraph (a)(3), remove the text ``of this part''; and
0
b. In paragraph (c), footnote 2 to Table 1 to Sec.  12.605(c), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with Table A-II/4 of the STCW Code (incorporated by reference, see 
Sec.  12.103).''


Sec.  12.607  [Amended]

0
22. In Sec.  12.607(a)(4), remove the text ``of this part''.


Sec.  12.609  [Amended]

0
23. Amend Sec.  12.609 as follows:
0
a. In paragraph (a)(3), remove the text ``of this part''; and
0
b. In paragraph (c), footnote 2 to Table 1 to Sec.  12.609(c), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with Table A-III/4 of the STCW Code (incorporated by reference, see 
Sec.  12.103).''


Sec.  12.611  [Amended]

0
24. Amend Sec.  12.611 as follows:
0
a. In paragraph (a)(2)(iii), remove the text ``of this part''; and
0
b. In paragraph (c), footnote 2 to Table 1 to Sec.  12.611(c), after 
the text ``not previously satisfied,'' add the text ``in accordance 
with Table A-III/7 of the STCW Code (incorporated by reference, see 
Sec.  12.103).
0
25. Revise the subpart heading to subpart I to read as follows:

[[Page 52354]]

Subpart I--Ratings and Personnel on a Passenger Ship When on an 
International Voyage


Sec.  12.901  [Amended]

0
26. In Sec.  12.901, remove the word ``part'' and add, in its place, 
the word ``subpart''.
0
27. Revise Sec.  12.905 to read as follows:


Sec.  12.905  General requirements.

    (a) To serve on a passenger ship on an international voyage, before 
being assigned shipboard duties, personnel must meet the appropriate 
requirements in STCW Regulation V/2 and section A-V/2 of the STCW Code 
(both incorporated by reference, see Sec.  12.103) as follows:
    (1) All personnel must have completed passenger ship emergency 
familiarization appropriate to their capacity, duties, and 
responsibilities as specified in section A-V/2 paragraph 1 of the STCW 
Code.
    (2) Personnel providing direct service to passengers in passenger 
spaces must have completed the passenger ship safety training specified 
in section A-V/2 paragraph 2 of the STCW Code.
    (3) Ratings qualified under Chapters II, III, and VII of the STCW 
Convention and personnel designated on the muster list to assist 
passengers in emergency situations must have completed approved or 
accepted training in passenger ship crowd management specified in 
section A-V/2 paragraph 3 of the STCW Code.
    (4) Personnel designated on muster lists as having responsibility 
for the safety of passengers in emergency situations onboard passenger 
ships must have completed approved or accepted training in crisis 
management and human behavior as specified in section A-V/2 paragraph 4 
of the STCW Code.
    (5) Personnel assigned immediate responsibility for embarking and 
disembarking passengers, loading, discharging, or securing cargo, or 
closing hull openings onboard ro-ro passenger ships must have completed 
approved or accepted training in passenger safety, cargo safety, and 
hull integrity as specified in section A-V/2 paragraph 5 of the STCW 
Code.
    (b) Personnel required to be trained in accordance with paragraph 
(a) of this section must hold documentary evidence of successful 
completion of training as proof of meeting these requirements.
    (c) Personnel required to be trained in accordance with paragraph 
(a)(3), (a)(4), or (a)(5) of this section must provide, at intervals 
not exceeding 5 years, evidence of maintaining the standard of 
competence.
    (d) The Coast Guard will accept onboard training and experience, 
through evidence of 1 year of relevant seagoing service within the last 
5 years, as meeting the requirements of paragraph (c) of this section.
    (e) Personnel serving onboard small passenger vessels engaged in 
domestic, near-coastal voyages, as defined in Sec.  15.105(g)(1) of 
this subchapter, are not subject to any obligation for the purpose of 
this STCW requirement.

    Dated: June 13, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2024-13455 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P

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