Great Lakes Pilotage Modernization, 76312-76354 [2024-19839]

Download as PDF 76312 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 10, 401, and 402 [Docket No. USCG–2022–0025] RIN 1625–AC79 Great Lakes Pilotage Modernization Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending certain Great Lakes Pilotage regulatory requirements to align with current Coast Guard and U.S. pilot association operations and pilotage practices. This final rule clarifies the different phases of training and types of registrations for Pilots who work on the Great Lakes, eliminates outdated practices and redundant requirements, and adds much needed structure regarding the billing dispute process. DATES: This final rule is effective October 17, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to www.regulations.gov, type USCG–2022– 0025 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: For information about this document, call or email Mr. Vincent Berg, Coast Guard; telephone 202–906–0835, email vincent.f.berg@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: ddrumheller on DSK120RN23PROD with RULES4 Table of Contents for Preamble I. Abbreviations II. Basis and Purpose III. Background IV. Discussion of Comments and Changes V. Discussion of the Rule VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates 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 Form CG–4509 Application for Registration as a United States Registered Pilot FR Federal Register GLPAC Great Lakes Pilotage Advisory Committee GLPMS Great Lakes Pilotage Management System GT Gross tonnage ID Identification MMC Merchant Mariner Credential MOU Memorandum of Understanding NPRM Notice of proposed rulemaking NAICS North American Industry Classification System OMB Office of Management and Budget REC Regional Exam Center § Section SME Subject matter expert STCW Standards of Training, Certification, and Watchkeeping for Seafarers TWIC Transportation Workers Identification Credential U.S.C. United States Code II. Basis and Purpose The legal basis of this rulemaking is Title 46 of the United States Code (U.S.C.), Chapter 93,1 which requires each foreign vessel and each vessel of the United States operating ‘‘on register,’’ meaning United States vessels engaged in foreign trade, to use United States or Canadian Pilots while transiting the United States waters of the St. Lawrence Seaway and the Great Lakes system.2 For U.S. Great Lakes Pilots, 46 U.S.C. 9303(a) requires the Secretary to prescribe, by regulation, standards of competency to be met by each applicant for registration as a Great Lakes Pilot. Additionally, sections 9303(c) and (d) authorize the Secretary to prescribe regulations establishing the validity period of Great Lakes Pilot’s registration and other conditions for service respectively. The Secretary’s duties and authority under 46 U.S.C. Chapter 93 have been delegated to the Coast Guard.3 The purpose of this final rule is to update the Great Lakes pilotage regulations in title 46 of the Code of Federal Regulations (CFR) parts 401 and 402 and part 10 of the Merchant Marine Officers and Seamen regulations to reflect the current pilotage terms and practices used by the Coast Guard and U.S. pilot association operations. We proposed these changes in a notice of proposed rulemaking (NPRM) for this final rule, published November 21, 2023 (88 FR 81294). While the regulations in the current CFR do not conflict with our current practices, they do not fully reflect the current Apprentice Pilot I. Abbreviations The Act The Great Lakes Pilotage Act of 1960 CFR Code of Federal Regulations DHS Department of Homeland Security Director Director, Great Lakes Pilotage VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 1 46 U.S.C. 9301–9308. U.S.C. 9302(a)(1). 3 Department of Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.4, paragraph II (92)(f). See https://dhsconnect.dhs.gov/ org/comp/mgmt/policies/Delegations/00170.1.pdf. 2 46 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 training requirements and titles for Pilot progression. Accordingly, the Coast Guard updates the current CFR as follows: 1. Redefines the different phases of Pilot registration, which generally follow this progression: ‘‘Applicant,’’ ‘‘Applicant Trainee,’’ ‘‘Apprentice Pilot,’’ ‘‘Limited Registration,’’ ‘‘Full Registration,’’ and ‘‘Temporary Registered Pilot’’; 2. Adds ‘‘marine accident’’ to the definitions section to clarify a Pilot’s reporting requirements; 3. Clarifies training benchmarks to ensure registration of qualified mariners and to help retain experienced U.S. Registered Pilots; 4. Aligns medical requirements and Radar Observer training requirements for U.S. Registered Pilots with the Merchant Mariner Credential (MMC) and manning regulations in 46 CFR parts 10–15; 5. Clarifies the pilotage billing dispute process with respect to when a vessel is and is not liable for charges; and 6. Removes outdated provisions, including dates and terms, from the Transportation Workers Identification Credential (TWIC), the foreign language requirements for navigation, the 1-year time limit for applicants to complete training, and other regulations that were written when both the Department of Commerce and the Coast Guard had regulatory authority over U.S. pilotages services. In addition, this final rule capitalizes endorsements for uniformity in the regulations and corrects some terminology for gender neutrality. The Coast Guard believes that the updated registration process in this rule ensures that regulations reflect current training practices, while keeping within the statutory mandate to prescribe standards of competency in 46 U.S.C. 9303(a). The updates also align with the program’s goals of promoting competent, safe, efficient, and reliable pilotage service throughout the Great Lakes and St. Lawrence Seaway, promoting commerce, and protecting the marine environment. III. Background Chapter 93 of Title 46 of the U.S.C. establishes a system of compulsory pilotage on the Great Lakes, requiring that each vessel of the United States operating ‘‘on register,’’ meaning United States vessels engaged in any commercial activity, and all foreign vessels, use a United States or Canadian Registered Pilot when operating on the Great Lakes. Great Lakes Pilots use in-depth local knowledge, seasoned navigational and E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES4 ship handling expertise, and informed independent judgment to guide both U.S. and foreign oceangoing commercial vessels safely in and out of Great Lakes’ ports and waterways. Congress made pilotage use compulsory in 1960, following the 1959 opening of the St. Lawrence Seaway that led to a surge in shipping traffic. To ensure navigational safety for this new class of ocean-going vessels operating on the Great Lakes, Congress enacted the Great Lakes Pilotage Act of 1960 (hereafter ‘‘the Act’’).4 The regulations for Pilot application and registration appear in 46 CFR parts 401 and 402. These regulations require that mariners applying for Pilot registration meet minimum requirements and qualifications and file an application form with the Director. While the Coast Guard is responsible for publishing an annual rule that sets pilotage rates, 46 CFR parts 401 and 402 have not been otherwise substantively updated since the early 1960s. As a result, these regulations are not in alignment with current practices by the Coast Guard and the pilotage industry operating on the Great Lakes. In 2017, the Coast Guard asked the Great Lakes Pilotage Advisory Committee (GLPAC) to help the Coast Guard identify existing regulations, guidance, and collections of information (that fall within the scope of the Committee’s charter) for possible repeal, replacement, or modernization.5 In March 2018, GLPAC made several unanimous recommendations to update or remove outdated regulatory requirements from 46 CFR parts 401 and 402.6 In a September 10, 2018, meeting, GLPAC also unanimously recommended that the Coast Guard explore deadlines for contesting pilotage service invoices in part 402.7 The GLPAC recommendations are strongly supported by the Pilots who provide the pilotage services, ports and cargo agents who rely on the pilotage services, and the shippers who pay for the pilotage services. In addition, the Coast Guard has identified several other areas for revision. Ambiguities in regulatory text have caused confusion for Pilots regarding training and registration 4 See The Great Lakes Pilotage Act of 1960, Public Law 86–555, June 30, 1960, as amended (codified at 46 U.S.C. 9301 et seq.). 5 82 FR 34909, July 27, 2017. 6 Reg Reform Sub-Committee Teleconference Minutes (Mar. 5, 2018) (available at https:// www.regulations.gov/document/USCG-2022-00250002). 7 GLPAC 2018 Annual Meeting Transcript at p. 171 (Sept. 10, 2018) (available at https:// www.regulations.gov/document/USCG-2022-00250003). VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 instructions. In this rulemaking, the Coast Guard clarifies the different phases of training and types of registrations for Pilots who work on the Great Lakes. This includes clarifying the differences between Temporary and Limited Registration, and which Pilots are eligible for those registrations. This rule affects approximately 51 United States Registered Pilots, 9 Apprentice Pilots, and 3 Temporary Registered Pilots on the Great Lakes, as well as 3 district pilot associations, and the owners and operators of approximately 293 vessels opting to use those Pilots or statutorily required to use those Pilots. IV. Discussion of Comments and Changes The Coast Guard received four relevant comments on the proposed rule and made three changes from the proposed regulatory text as a result. The first of these changes is to 46 CFR 401.420(c). Originally, this section relieved the owner of a vessel for liability for charges incurred during an interruption or detention caused by ice or weather, when the vessel Master and Pilot agreed that the interruption was necessary. One commenter sought guidance on the required mutual determination between the vessel Master and Pilot. The Coast Guard agrees that this language creates a point of friction that may cause issues on board. For that reason, we are removing the proposed language ‘‘as determined by the vessel Master and the United States Registered Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot authorized to provide pilotage services to the vessel.’’ Pursuant to 46 U.S.C. 9302(a), in both designated and undesignated waters, the law provides that navigational decisions are always subject to the customary authority of the Master. As such, the decision to delay sailing should be made by the vessel Master with the advice of the United States Registered Pilot in consideration of all prevailing circumstances. We trust these experienced mariners to make the correct choice and do not want to insert ourselves in time-sensitive decisions on the bridge while a vessel is underway. As such, no joint agreement needs to be made or proved. This change thus also clarifies liability determinations under this paragraph, as the vessel Master’s conclusion regarding the cause of the interruption is a critical factor for whether the exception to liability under 46 CFR 401.420(c) applies. The second change from the proposed regulatory text is in 46 CFR 10.302(b). The existing language required that PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 76313 ‘‘Medical examinations for Great Lakes Pilots must be conducted by a licensed medical doctor in accordance with the physical exam requirements in 46 CFR 402.210’’ (emphasis added). The existing language of 46 CFR 402.210, in turn, reiterated the requirement that the examination be conducted by a licensed medical doctor. In the proposed rule, we discussed how only Great Lakes Pilots were limited to have their physical examinations performed by a licensed medical doctor (88 FR at 81305). We proposed to modify 46 CFR 402.210 to align the Great Lakes Pilots’ medical requirements with the less burdensome merchant mariner requirements, which allowed medical examination to be performed, witnessed, or reviewed by a licensed medical doctor, licensed physician assistant, licensed nurse practitioner, or a designated medical examiner. We neglected, however, to also propose removing the licensed medical doctor requirement for Great Lakes Pilots contained in 46 CFR 10.302(b). Two commenters, who represent nurse practitioners and physician assistants, requested that we modify 46 CFR 10.302(b) to remove the requirement that the exam be conducted by a licensed medical doctor for Great Lakes Pilots. We agree. In the proposed rule, we overlooked the mention of Great Lakes pilotage medical requirements in 10.302(b). With this final rule, we remove the language specific to Great Lakes Pilots medical examination from 10.302(b). This additional change ensures Great Lakes Pilots will follow the same medical examination requirements that apply to other mariners in 10.302(b) (‘‘Any required test, exam, or demonstration must have been performed, witnessed, or reviewed by a licensed medical doctor, licensed physician assistant, licensed nurse practitioner, or a designated medical examiner’’). Updating this regulatory text fully implements the change we proposed in the proposed rule for medical examination requirements in 402.210. Nurse practitioners and physician assistants both possess the requisite skill needed to conduct this kind of physical exam. Allowing them to provide Pilots with this service makes the application process more efficient and fully aligns with the Coast Guard medical regulations for all other credentialed mariners. To accommodate this change, the Coast Guard will make corresponding edits to 46 CFR 402.210 to remove the requirement that Great Lakes Pilots can only use a licensed medical doctor. E:\FR\FM\17SER4.SGM 17SER4 ddrumheller on DSK120RN23PROD with RULES4 76314 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations In addition to the above, we are changing the proposed definition of ‘‘Temporary Registered Pilot’’ to remove the requirement that a pilot association must first request a retired Pilot’s services before the Pilot can begin the process of acquiring a Temporary Pilot Identification (ID) Card. This change is administrative in nature and is intended to allow retired Pilots to become certified as Temporary Registered Pilots before a District requests their services. This is intended to enhance safety and create a system where Temporary Registered Pilots are immediately available when unexpected demand requires an extra Pilot. This aligns with the Director’s responsibility and authority in 46 CFR 401.720 to maintain safety and to ensure sufficient Pilot capacity to facilitate maritime commerce, to protect the marine environment, and to comply with National Transportation Safety Board recommendations regarding staffing and fatigue mitigation. In addition to those comments that precipitated changes from what we proposed in the NPRM, commenters raised a number of questions that required responses, but have not led to the Coast Guard making further changes from the proposed rule. One commenter, a pilotage district, asked if they can continue to use Canadian Pilots for training and, if so, does the proposed § 401.211(d) apply to them. Our answer is yes, a Canadian Pilot can train the Apprentice Pilot with the Director’s prior approval. Canadian Pilots, like United States Pilots, must be approved by the Director to be eligible to provide training. The use of Canadian Pilots for training is a past and current practice, and the Director will continue to approve these Pilots if necessary. We expect this to be a rare occurrence; especially with the Western Great Lakes Pilots Association, because this association is responsible for all the dispatching in its area of responsibility. The same commenter asked us to change the reporting deadlines from August and January 15th to the end of each month. We disagree with adjusting the dates. Particularly when it comes to January, we believe that the closer the deadline is to date when the Seaway Locks close, the easier it is for the districts to comply. All United States Registered Pilots are required to be available; the association employees should be available and on site, and the cost to obtain the required information is less than recalling someone after the office has been closed/modified for winter navigation. This commenter also asked the Coast Guard to further define the term VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 ‘‘weather,’’ within the context of the proposed § 401.420. We defer to the plain meaning of the word. We trust the Master and the Pilot to use their respective expertise to determine whether it is safe to proceed. We will determine if the costs are allowed on a case-by-case basis. Another issue the commenter raised was whether, under the new § 401.420, a Pilot must be paid for time spent on an anchored vessel during a delay caused by ice or weather. The answer depends on the time of year when the delay occurs. From May 1 to November 30, vessels are not liable for charges for weather-related interruptions or delays. In the colder months, from December 1 to April 30, Pilots may bill for time lost during delays. This distribution of liability is designed to spread the risk of liability among Great Lakes stakeholders and to encourage decisionmakers to make a determination based on safety prior to the Pilot departing for the vessel. We can add this topic to a future Great Lakes Pilotage Advisory Committee Meeting Agenda to determine the merits of changing the status quo. None of the public comments prompted changes to the methodology used for the regulatory analysis. Further, there are no more recent wages available at the time of the final analysis. Therefore, the regulatory analysis for this final rule is as published in the NPRM with no changes. V. Discussion of the Rule A. Summary of Changes This rule makes several changes to 46 CFR parts 401 and 402 to clarify nomenclature, and to align these regulations with current practice and with other relevant regulations and plain language guidelines. The changes are summarized here and discussed in detail, section-by-section, below.8 The most substantial change is updating the definitions section in part 401, subpart A. This clarifies the phases of transition through the registration process and adds definitions for miscellaneous terms to clarify their application in other subparts. The Coast Guard also updates each instance of the affected terms, based on the new definitions that appear elsewhere in parts 401 and 402. Additionally, the Coast Guard changes the application and training requirements for the different phases of pilotage registration in part 401, subpart B, that follow this progression: ‘‘Applicant,’’ ‘‘Applicant Trainee,’’ 8 As discussed earlier, this rule also makes one change to 46 CFR part 10. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 ‘‘Apprentice Pilot,’’ ‘‘Limited Registration,’’ ‘‘Full Registration,’’ and ‘‘Temporary Registered Pilot.’’ The Coast Guard aligns these regulations with current Pilot training practices and clarifies the obligations that mariner applicants must fulfill before advancing to the next phase of registration. The Coast Guard is changing the regulations covering the administration of Registered Pilots located in subparts B, C, D, E, and G and bringing the regulations into conformity with modern Pilot administrative practices. Many of the specific requirements reference outdated locations, contact information, and procedures. Those antiquated references make the regulations difficult to understand, and these changes bring much needed clarity to the regulations imposed on Registered Pilots. The last category of changes is a series of technical amendments that bring the regulations into conformity with the Federal Plain Language Guidelines (available at https:// www.plainlanguage.gov/guidelines/). A section-by-section description of the changes follows. Some sections— §§ 401.100, 401.120, 401.300 through 401.340, 401.400, 401.427, 401.430, 401.451, 401.500, 401.615 through 650, 401.700—are not included in these descriptions. This is because the changes to these sections are technical amendments, like capitalizing ‘‘U.S. Registered Pilots’’, or changing the word ‘‘pool’’ to ‘‘pilotage pool’’ to be more precise. B. Definitions The Coast Guard makes several changes to § 401.110 to update the phases of Pilot registration; to add definitions to terms that are commonly used by industry members, but not reflected in the CFR; to revise definitions for terms whose meaning has changed since the last update to these regulations; and to remove definitions for terms that are no longer used or applicable to these regulations. Updated Phases of Pilot Registration In § 401.110, the Coast Guard redefines the different stages of Pilot registration to clarify the transitions through the registration process. At present, there are training phases that are commonly used by Pilots in practice but lack precise legal definitions. This can lead to confusion for Pilot applicants as to what is required of them before advancing to the next phase. The Coast Guard adds the following terms and their definitions, currently E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations used in practice, to the CFR: ‘‘Applicant’’ and ‘‘Temporary Registered Pilot’’. The Coast Guard redefines the following terms already existing in the CFR: ‘‘Apprentice Pilot,’’ ‘‘Limited Registration’’, and ‘‘Applicant Trainee’’. The general progression is as follows: Applicant, Applicant Trainee, Apprentice Pilot, Limited Registration, Full Registration (which we also refer to as a United States Registered Pilot or U.S. Registered Pilot in the regulations), and Temporary Registered Pilot. This clarifies the differences between the terms and phases. We describe these updates, in turn, below. ddrumheller on DSK120RN23PROD with RULES4 Applicant The Coast Guard adds the term Applicant and its definition to the CFR. Applicant means a person who has submitted an Application for Registration as a United States Registered Pilot (Form CG–4509 or ‘‘application’’) to the Director for consideration for placement in an approved United States Great Lakes Pilot training and qualification program at an association. The Director reviews the application to see if the Applicant meets the minimum requirements, per § 401.210. Applicant Trainee The Coast Guard redefines the term Applicant Trainee that currently appears in the CFR. Redefined, Applicant Trainee means a person who is approved by the Director and is participating in an approved U.S. Great Lakes Pilot training and qualification program, and who meets the minimum requirements of the pilotage regulations in the new § 401.214 for Applicant Trainees. These requirements are spelled out in further detail in part C of this section, Updates to Training Requirements for Pilots. The Applicant Trainee does not have the necessary 6 months of service or experience on the Great Lakes or an endorsement on their MMC to qualify as an Apprentice Pilot. The Director issues the Applicant Trainee a U.S. Coast Guard Applicant Trainee ID Card. In practice, the Applicant Trainee spends at least 6 months at the district by closely observing Registered Pilots while underway on all waters of the district. During this period, the Applicant Trainee will gain experience on the district’s waters and ports, develop a professional rapport with the Association Pilots and see how a Pilot coordinates service with a vessel’s Master and crew, escort tugs and lock operators. These trips, conducted as an Applicant Trainee, do not count toward the minimum number of round trips VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 required for Full Registration. Once the Applicant Trainee completes the familiarization in the district waters, the association can request the Applicant Trainee become an Apprentice Pilot in the district’s training and qualification program. The Applicant Trainee is not eligible for a Limited or Temporary Registration. Apprentice Pilot The Coast Guard redefines the term Apprentice Pilot that currently appears in the CFR. Redefined, Apprentice Pilot means a person who has been approved by the Director and is participating in an approved U.S. Great Lakes Pilot training and qualification program. The mariner meets the minimum requirements in revised § 401.211. The Director issues the Apprentice Pilot a U.S. Coast Guard Apprentice Pilot ID Card. The requirements for an Apprentice Pilot are discussed further in the preamble with the changes to § 401.211. Apprentice Pilots possess a minimum of 6 months of pilotage experience on the Great Lakes and typically have a First-Class Pilot endorsement on their MMC for the waters in which Full Registration is sought. The Apprentice Pilot is required to complete round trips until the Apprentice Pilot demonstrates proficiency, accompanying a U.S. Registered Pilot or Temporary Registered Pilot, upbound and downbound in the district’s waters, and inbound to and outbound from ports, in accordance with their individual training plan. Limited Registration The Coast Guard redefines the term Limited Registration that currently appears in the CFR. Limited Registration means an authorization issued by the Director via letter to an Apprentice Pilot, upon the request of the pilot association, that allows the Apprentice Pilot to provide pilotage service without direct supervision from a U.S. Registered Pilot or Temporary Registered Pilot in a specific area or waterway to facilitate the Apprentice Pilot’s training. The requirements for a Limited Registration are discussed with the changes to § 401.211 in new paragraph (k). Full Registration The Coast Guard adds the term Full Registration and its definition to the CFR. Full Registration means the issuance of a Certificate of Registration ID card, by the Director, to an Apprentice Pilot, who meets and completes the Coast Guard’s registration requirements in the new §§ 401.210, 401.211, 402.210, and 402.220. These PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 76315 requirements are discussed further in part C of this section, Updates to Training Requirements for Pilots. Generally, if the Apprentice Pilot satisfies all the Coast Guard’s registration requirements and the pilot association’s requirements and has maintained favorable performance evaluations during the training program, the Apprentice Pilot advances to Full Registration. The pilot association can request that the Director consider an Apprentice Pilot for Full Registration as a United States Registered Pilot. The Director can approve or deny the request. If approved, the Director issues the Apprentice Pilot a Certificate of Registration, making them a fully Registered Pilot. Full Registration makes the Apprentice Pilot a United States Registered Pilot, who may provide pilotage services for the relevant pilot association, in accordance with the pilotage regulations. Temporary Registered Pilot The Coast Guard adds the term Temporary Registered Pilot and its definition to the CFR. A Temporary Registered Pilot means a person who is issued a Temporary Registration by the Director, in accordance with the new § 401.222. A Temporary Registration applies to Pilots who desire to provide pilotage services, but who have either reached the age of 70 or have previously retired from pilotage service. The Coast Guard requires that a Temporary Registered Pilot holds a valid MMC, has previously held a Full Registration, meets the requirements of § 401.222, and has received approval by the Director to provide pilotage services. The new requirements in § 401.222 are discussed further below in part C. of this section, Updates to Training Requirements for Pilots. The Director may make the Temporary Registration valid for a certain period of time, not to exceed 1 year from the date of issuance. New Definitions In addition to the updated phases of Pilot registration, the Coast Guard also adds definitions to part 401 for the following terms that appear elsewhere in 46 CFR chapter III to better clarify their meanings as they relate to Great Lakes Pilots: ‘‘chemical test’’, ‘‘gross tonnage’’, ‘‘individual training plan’’, ‘‘marine accident’’, ‘‘minimum number of round trips’’, ‘‘officer endorsement’’, ‘‘round trip’’, and ‘‘semi-annual performance evaluation report’’. These terms are explained in the following paragraphs. E:\FR\FM\17SER4.SGM 17SER4 76316 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Chemical Test The Coast Guard adds the definition of ‘‘chemical test’’ to the definitions in § 401.110 to clarify the kind of test that will comply with the new reporting requirements. Chemical test means a scientifically recognized test that analyzes an individual’s breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug, alcohol use, or any illegal substance, in alignment with the existing definition in 46 CFR 4.03–7. The definition of chemical test applies to the new requirements in parts 401 and 402 for mariners to submit chemical tests to the Coast Guard, either at the Applicant phase of their application to be a Pilot, or for marine accident reporting. Gross Tonnage or GT This rule adds a definition for ‘‘gross tonnage or GT’’ to align with the gross tonnage measurement of the vessel under 46 U.S.C. chapter 143, Convention Measurement. Parts 401 and 402 use gross tonnage in the context of determining whether Applicants or Apprentice Pilots (referred to as ‘‘applicant pilots’’ in the current CFR) have had comparable experience on other vessels or integrated tugs and tows on the Great Lakes or oceans to that of Registered Pilots on the Great Lakes. Though compliance with 46 U.S.C. chapter 143 is not mandatory for United States or Canadian vessels operating only in the Great Lakes, the Coast Guard adopts the Convention Measurement’s definition of gross tonnage to clarify which tonnage scheme the Great Lakes Pilotage regulations use. This is the same definition used in 46 CFR 10.107 for MMCs. ddrumheller on DSK120RN23PROD with RULES4 Individual Training Plan The Coast Guard adds the term ‘‘individual training plan’’ and its definition to the CFR. This term and its definition are consistent with its use in current pilot association training programs. The individual training plan outlines the specific requirements of the association for an Apprentice Pilot, including the length of time to complete the training, and the minimum number of round trips required to demonstrate proficiency. The individual training plan communicates the qualifications and demonstrated skills that the Apprentice Pilot are required to complete to meet the proficiency requirements for the training. The association submits the individual training plan to the Director for review and approval, and the Director tracks the Apprentice Pilot’s development through the training period. This is VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 consistent with current practice. The association establishes an individual training plan’s training requirements based on the association’s determination of proficiency, the officer endorsement on the MMC, and the Apprentice Pilot’s pilotage experience on the Great Lakes. Marine Accident The Coast Guard adds a definition for the term ‘‘marine accident’’ that currently appears elsewhere in the CFR. A marine accident includes any of the following incidents that occur while a United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is providing pilotage services in United States or Canadian waters: (i) Any allision or collision; (ii) Any grounding; (iii) A loss of main propulsion, primary steering, or any associated component or control system that, due to its duration or other circumstance, significantly impacts the maneuverability of the vessel; (iv) An occurrence, directly related to the provision of pilotage services, involving significant harm to the environment, as currently defined in 46 CFR 4.03–65; or (v) Any other incident, directly related to the provision of pilotage services, causing property damage more than $75,000 U.S. dollars (including the cost of labor and material to restore the property to its condition before the incident, but excluding the cost of such things as salvage, cleaning, gas-freeing, drydocking, or demurrage). The outlined instances in this definition are based on the notice of marine casualty reporting requirements in 46 CFR 4.05–1, and tailored for reporting marine accidents related to the Great Lakes pilotage program. The definition of ‘‘marine accident’’ is used to identify events or occurrences where Pilots must submit a marine accident report to the Director under the revised § 401.260. Clearly defining a marine accident ensures that certain marine accidents are reported to the Director in support of the Director’s oversight. The reporting requirement clarifies that this obligation to report marine accidents to the Director does not alleviate any other marine casualty reporting requirements elsewhere in Coast Guard or other agency regulations. We add the marine accident definition and reporting requirement to alleviate concerns about accidents related to Great Lakes pilotage not being reported to the Director. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 Minimum Number of Round Trips The Coast Guard adds a definition for ‘‘minimum number of round trips’’ to have one term to define the least number of successful round trips an Apprentice Pilot must complete to become eligible for Full Registration. Mere completion of this number of trips does not qualify an Apprentice Pilot for Full Registration. Instead, the phrase, minimum number of round trips, means the fewest successful round trips that the Apprentice Pilot is required to perform under the direct supervision of a U.S. Registered Pilot or Temporary Registered Pilot to demonstrate proficiency prior to advancing and completing training. The minimum number of round trips required is prescribed in the Apprentice Pilot’s approved individual training plan, discussed in the revised § 401.211. Section 402.220 contains the minimum number of round trips for certain officer endorsements. Each round trip is evaluated, and the evaluation form retained in the mariner’s training record. If, after evaluation, the Apprentice Pilot does not satisfy the Director’s or association’s proficiency requirements, additional trips in that area or port will be required. Officer Endorsement The term ‘‘officer endorsement’’ is defined in the regulations governing MMCs in 46 CFR part 10 to mean an annotation on an MMC that allows a mariner to serve in the capacities listed in 46 CFR 10.109. We are adding a definition for officer endorsement that matches the definition in 46 CFR part 10 to help ensure that the term is interpreted consistently. Round Trip The Coast Guard adds a definition for ‘‘round trip’’ to clarify what is expected of the Apprentice Pilot, as outlined in their individual training plan. We define round trip as providing pilotage service, in both directions, from one change point to another change point, or inbound and outbound in a port designated by an authorized pilotage pool. This definition also applies to the round trip in the context of ‘‘minimum number of round trips’’. Defining round trip clarifies the minimum requirements for Apprentice Pilots in their training. Semi-Annual Performance Evaluation Report The Coast Guard adds a definition for ‘‘Semi-annual Performance Evaluation Report.’’ Twice per year, the association is required to submit to the Director a progress report of how the Apprentice E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Pilot is progressing through their training. The report assesses an Apprentice Pilot’s progress in the pilot association’s training and qualification program, and the Apprentice Pilot’s performance in completing their individual training plan. Revised Definitions We are revising the definitions of ‘‘association’’, ‘‘Commandant’’, ‘‘comparable experience’’, ‘‘Director’’, ‘‘person’’, ‘‘pilotage pool’’, ‘‘Rate computation definitions to determine Weighting Factors’’, ‘‘Secretary’’, and ‘‘United States Registered Pilot or U.S. Registered Pilot’’ to align the regulatory definitions with industry usage and understanding. These revisions are detailed below. Association The Coast Guard removes the words ‘‘or held’’ from the definition of association. This clarifies that if the Coast Guard revokes an association’s Certificate of Authorization, they are no longer an association under the Act or under Coast Guard regulations. In addition, the Coast Guard specifies in the definition of association that the Director, instead of the Great Lakes Pilotage Branch, issues the Certificate of Authorization to the association. Commandant In the definition of ‘‘Commandant,’’ our only change is to replace the outdated office symbol, CG–00, with the current office designation, CCG. ddrumheller on DSK120RN23PROD with RULES4 Comparable Experience The Coast Guard is changing the first sentence in the definition of ‘‘comparable experience’’ to better define the requirements. Currently, the definition is that comparable experience is similar experience obtained by serving as an officer of a vessel. The changes state that comparable experience means knowledge and previous performance that is equivalent to the knowledge and technical skills obtained by serving as an officer on vessels of at least 4,000 GT. We add that comparable experience must be obtained on vessels of at least 4,000 GT, throughout the regulations, to be consistent regarding comparable experience and the requirements to be a Registered Pilot in 46 U.S.C. 9303(a)(2). The existing regulations for qualifying for registration in 46 CFR 401.210(a)(1) require service to be accrued on vessels of 4,000 GT or over on the Great Lakes or oceans. This experience, on vessels of 4,000 GT or over, also applies to Apprentice Pilots (currently referred to VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 as ‘‘applicant pilots’’ in the CFR) in existing § 401.211(a)(1). Director In the definition, this rule removes an outdated reference to ‘‘Commandant (CG–WWW–2)’’ and replaces it with ‘‘Director, Great Lakes Pilotage’’. We also update the mailing address for the Director within the definition. Person In this definition, we change the term ‘‘pool’’ to ‘‘pilotage pool,’’ to align with the new definition of ‘‘pilotage pool’’ discussed below. Pilotage Pool The Coast Guard revises the current term and definition of ‘‘pool’’ by revising the term and amending the definition. First, we revise the term pool by adding ‘‘pilotage’’ to identify it more clearly. Throughout parts 401 and 402, this rule updates all references to ‘‘pool’’ to ‘‘pilotage pool.’’ In current practice, the Director provides the pilotage pool a Certificate of Authorization to operate as an association. Second, the definition of pool in the current CFR text is an organization authorized to provide pilotage services. We revise the definition to account for the requirement that an organization must hold a Certificate of Authorization issued by the Director to provide pilotage services. The new definition clearly indicates what is required for a pilotage pool authorization. Rate Computation Definitions To Determine Weighting Factors The Coast Guard adds the words, ‘‘to determine Weighting Factors’’ to the existing phrase, ‘‘Rate computation definitions,’’ at § 401.110(a)(10) to indicate the purpose for these rate computation definitions to the public. The definitions of ‘‘length’’, ‘‘breadth’’, and ‘‘depth’’ at § 401.110(a)(10)(i)–(iii) remain unchanged. Weighting factors are used in the calculation of a vessel’s pilotage rate to determine the appropriate fee for a vessel’s pilotage services and are based on the size of the vessel. Secretary This rule revises the definition of ‘‘Secretary’’ to align with the definition used in 46 U.S.C. 2101. The revised definition points to the Secretary of the department in which the Coast Guard is operating, instead of the Secretary of Homeland Security. This change promotes consistency between definitions used throughout statutes and Coast Guard implementing regulations. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 76317 United States Registered Pilot or U.S. Registered Pilot This rule makes non-substantive changes to the definition of ‘‘United States Registered Pilot or U.S. Registered Pilot.’’ First, we remove an outdated reference to ‘‘license’’ and revise the discussion of the authorization document to read ‘‘an MMC with an officer endorsement.’’ We add the word ‘‘areas’’ to capture that the endorsements for pilotage on the Great Lakes can be for routes or areas. We also make an edit that, under the new training stage nomenclature, a United States Registered Pilot currently holds a Certificate of Registration. We also update the outdated references to Title 52 of the Revised Statutes of the United States with references to Title 46 of the United States Code, which is where the Coast Guard’s statutory authority exists for Great Lakes pilotage regulations. Removed Definitions The Coast Guard removes the definition of ‘‘movage’’, because the ratemaking methodology no longer supports this action. Under the ratemaking methodology before 2016, pilot districts charged the vessel owners a defined movage fee to move a vessel from one place to another: for example, from an anchorage to inside the harbor, or dock to dock. Since the ratemaking methodology was updated in 2016, vessel owners are charged an hourly rate for any vessel movement by a United States Registered Pilot, rounded up or down to the nearest 15 minutes. The Coast Guard also deletes the definition of ‘‘other officer’’ from the definition section, because we are deleting the only reference to the term in § 401.510(b)(3). The definition is no longer necessary, because the term is no longer used in parts 401 through 404. Organizational Changes The Coast Guard revises § 401.110 to list the existing and new definitions in alphabetical order to make it easier for the reader to find definitions. The Coast Guard is also updating each instance of affected terms in parts 401 and 402 to align with the new definitions. C. Updates to Training Requirements for Pilots The Coast Guard is updating the regulations that govern the application and training requirements to bring the CFR into conformity with industry practice. These regulations, located in part 401, instruct a candidate as to what specifically they must do to apply and progress through the newly clarified E:\FR\FM\17SER4.SGM 17SER4 76318 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES4 phases of Pilot registration. Following is a section-by-section description of the updates to the Great Lakes Pilotage application and training requirements. These changes include formatting changes that will improve the usability and readability of the CFR. § 401.200 Application for Registration In § 401.200, the Coast Guard adds the email address, GreatLakesPilotage@ uscg.mil, and the physical mailing address, Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593– 7509, to which Applicants for pilotage on the Great Lakes must submit their Application for Registration as a United States Registered Pilot (Form CG–4509). We allow either physical mail or electronic submission of Form CG–4509 to the Director to provide flexibility to the mariners. This change also provides clear guidance for where to submit the form. In this section, the Coast Guard removes the requirement to submit two full-face photographs when submitting Form CG–4509. The passport photos are not needed at this stage of the process. Following the submission of an application and an interview process, passport-style photos will be requested from the Applicant if they are approved for a U.S. Great Lakes pilot training and qualification program. The requirement to submit the photos upon the request of the Director are in § 401.211(e) for Apprentice Pilots, and in the new § 401.214(e) for Applicant Trainees. In practice, if the Applicant does not submit the required application materials, the Coast Guard Great Lakes Pilotage Office works with the Applicant to obtain the required documentation to meet the minimum requirements. Once the Applicant provides additional information and meets the minimum requirements, the approved application is forwarded to the pilot district(s) requested by the applicant for consideration. The pilot associations maintain a list of Applicants who meet the minimum requirements, and they conduct interviews based on the need for more Pilots and on the applications provided by the Great Lakes Pilotage Office. If the Applicant is selected by the association, the association submits a letter to the Director requesting that the Applicant be placed in that district’s approved training and qualification program. We are also making a formatting change to this section to remove paragraph (a)’s designation. All the text within this section is undesignated. Removing the paragraph (a) designation removes the need for the unused VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 reserved paragraph (b) within this section. There is no need for multiple paragraph designations within § 401.200. § 401.210 Requirements and Qualifications for Full Registration In paragraph (a)(1), the Coast Guard clarifies that the mariner must have an MMC with an officer endorsement issued in accordance with 46 CFR subchapter B, part 11. We delete the outdated references to Title 52 of the Revised Statutes of the United States. We also change applicants qualifying with ‘‘ocean service’’ to applicants qualifying with ‘‘other than Great Lakes service,’’ because mariners may have different endorsements on their MMC, such as Master-Ocean or Master-Inland Waters. This change clarifies that applicants qualifying with an endorsement on their MMC other than Great Lakes service must obtain at least 6 months of service as a deck officer, or comparable experience, on the Great Lakes.9 We also clarify that the officer experience must be ‘‘deck’’ officer experience. Deck officer experience means that the mariner is working under the authority of a deck officer endorsement, in accordance with 46 CFR part 11, subpart D. Paragraph (a) of this section contains several requirements that a Pilot must meet to be eligible for Full Registration. We make the following changes to the paragraphs and redesignate the requirements in paragraphs (a)(1)–(8). In paragraph (a)(4), the Coast Guard adds a reference to 46 CFR part 10, subpart C, for the mariners to find the applicable medical requirements and standards prescribed by the Commandant. In paragraph (a)(6), the Coast Guard removes the requirement for a U.S. Registered Pilot to have a valid TWIC, because this requirement is duplicative of the TWIC requirement prescribed in 46 CFR 10.203 for obtaining an MMC. A mariner cannot be a U.S. Registered Pilot without holding an MMC. This non-substantive change is in accordance with GLPAC recommendation 1 from the ‘‘GLPAC Subcommittee Teleconference Meeting Minutes’’ from March 5, 2018. Because we remove the text from paragraph (a)(6), we redesignate the subsequent lower-level paragraphs in paragraph (a). We move the existing requirement, that the mariner agrees to be available for service, from paragraph (a)(7) into paragraph (a)(6), without change. In redesignated paragraph (a)(7), the Coast Guard changes ‘‘Applicant Pilot’’ 9 March PO 00000 2018 Meeting Minutes, supra note 6. Frm 00008 Fmt 4701 Sfmt 4700 to ‘‘Apprentice Pilot’’ to conform to the new definitions. Revised paragraph (a)(7) requires mariners seeking Full Registration to complete the requirements for an Apprentice Pilot in § 401.220(b). We are also deleting the text ‘‘if applying for registration for waters in which a pilotage pool is authorized’’, because the requirements in § 401.220(b) apply to all Apprentice Pilots. In 401.210(a)(8), the Coast Guard also adds that Apprentice Pilots requesting Full Registration must meet chemical testing requirements, as defined in 46 CFR part 16. Currently, all U.S. Pilots on the Great Lakes are required to meet the chemical testing requirements in part 16. The purpose of this addition is to clarify that this will also be part of the Apprentice Pilot qualifications. § 401.211 Training Requirements for Apprentice Pilots and Limited Registration Authorization The Coast Guard changes the term ‘‘Applicant Pilot’’ to ‘‘Apprentice Pilot’’ throughout this section to align with the new definition of Apprentice Pilot. Use of the term Apprentice Pilot falls more in line with industry vernacular. We also add ‘‘Limited Registration Authorization’’ to the section name because we include the requirements for Apprentice Pilots to obtain this authorization as part of their training program. This rule separates the requirements to select Apprentice Pilots for training from existing paragraph (a) and puts the list into new paragraph (b). In the requirements for Apprentice Pilots in redesignated paragraph (b)(1), this rule updates the cross-reference from § 401.210(a)(7) to paragraph (a)(8) to conform with redesignations in that section. In paragraph (b)(3), the Coast Guard revises the Radar Observer requirement to state that the Apprentice Pilot must have a Radar Observer-Unlimited endorsement on their MMC. We also include a cross-reference to the Radar Observer requirements in § 11.480 for the public’s reference. By removing the obsolete radar competency certificate option, we bring the regulations up to date with the current Radar Observer endorsement requirements in 46 CFR subchapter B, part 11. This conforming change is not a new requirement for mariners, because they are already required to hold a radar endorsement issued by the Coast Guard. In new paragraph (d), the Coast Guard adds ‘‘Temporary Registered Pilots’’ who authorized pilot organizations may designate for approval by the Director to provide training. E:\FR\FM\17SER4.SGM 17SER4 ddrumheller on DSK120RN23PROD with RULES4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations We also allow submission of Form CG–4509 to the email address GreatLakesPilotage@uscg.mil or to the physical mailing address Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593–7509. Emailing the form could reduce the administrative burden associated with submitting the form. We also clarify that the Director will request signed passport-style photographs from those applying to be an Apprentice Pilot, when needed. The photographs are not required when submitting Form CG–4509 because the photos are not needed until the Coast Guard is ready to issue an ID card. The Coast Guard also clarifies the issuance of the U.S. Coast Guard Apprentice Pilot ID Card in paragraph (f). If the applicant meets the requirements in this section and is selected to be placed in an association’s training program, the association submits a letter to the Director for approval. If the Director approves placing the applicant in the training program, the Coast Guard issues the applicant an Apprentice Pilot ID Card. The Coast Guard expands the list of circumstances when an Apprentice Pilot ID Card becomes invalid, adding paragraph (f)(1) to account for the Director’s statutory authority to set validity periods in 46 U.S.C. 9303(c). At the time of issuance, the Director indicates a validity period for the card. For example, the Director could coincide the expiration dates of the ID Card with the dates of the Semi-annual Performance Evaluation Reports, August 15, and January 15. The other three existing grounds for expiration for the Apprentice Pilot ID Card remain substantively the same, including when the Apprentice Pilot is registered as a Pilot under § 401.210, when the Apprentice Pilot withdraws from the training program, or when the card is ordered withdrawn by the Director. In new paragraph (g), we add a requirement that all Apprentice Pilots must have a Director-approved individual training plan. The associations currently provide Directorapproved individual training plans to the Apprentice Pilots as guidance during the approved U.S. Great Lakes pilot training and qualification program. Our intent is to codify this current practice in the regulations. As stated in the definition, an individual training plan outlines the specific requirements and expectations for each Apprentice Pilot. The individual training plan provides clear direction for the Apprentice Pilot, association, and Director regarding the Apprentice Pilot’s goals and progression through the VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 training program. The Apprentice Pilot and the pilot association record the round trips outlined in the individual training plan and provide this information to the Director for review. In paragraph (g), we also clarify that round trips completed as an Apprentice Pilot count toward the minimum number of round trips required for Full Registration. Because we did not define round trips previously, there was confusion for Applicant Trainees and Apprentice Pilots regarding when their trips did or did not count toward the Full Registration certification. The trips outlined in the Apprentice Pilot’s individual training plan and conducted with a U.S. Registered Pilot or Temporary Registered Pilot must be recorded by the Apprentice Pilot to count toward Full Registration. If the association feels that the Apprentice Pilot is not ready to provide pilotage services after completing the required minimum number of round trips outlined in their individual training plan, the association can require the Apprentice Pilot to continue conducting round trips until they meet the association’s requirements. Trips completed while an Applicant Trainee do not count toward the minimum number of round trips. In addition, the Coast Guard adds new paragraph (h), which requires associations to conduct Semi-annual Performance Evaluation Reports for their Apprentice Pilots to assess the Apprentice Pilots’ progress in their training program. The associations currently provide evaluation reports to the Director that share the Apprentice Pilot’s progress in the approved U.S. Great Lakes pilot training and qualification program at the district. We codify this current practice in the regulations. The associations submit these reports to the Director by August 15 and January 15 of each season. The report includes recommendations to the Director on whether or not to keep the Apprentice Pilot in the training program. This report is intended to evaluate the Apprentice Pilot’s progression through their training and to help keep the Director informed of that progress. The report provides the Apprentice Pilot necessary feedback to stay on track with their individual training plan and association expectations. By requiring a semiannual report submission to the Coast Guard, all parties remain informed of the progression of the Apprentice Pilot’s training throughout the Great Lakes. All requests for Apprentice Pilots and Limited Registrations must contain an endorsement from the pilot association’s training committee or president for the PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 76319 Director’s consideration. A positive endorsement does not guarantee issuance or renewal by the Director. The Director considers the Apprentice Pilot’s training progress, traffic projections, and other relevant information when making the decision to issue a certification. Another requirement at new paragraph (i) is that the Apprentice Pilot must be enrolled in the association’s chemical testing program, commonly known as drug testing, which meets the requirements of 46 CFR part 16. We add chemical testing requirements and compliance into these regulations to ensure that Apprentice Pilots are monitored by the associations in the interest of maritime safety on the Great Lakes. In new paragraph (j), the Coast Guard adds procedures for how an Apprentice Pilot may obtain a Limited Registration. When the Director determines a need for the Pilot to meet the needs of increased vessel traffic, a Limited Registration is issued to an Apprentice Pilot who has completed the requirements in § 401.220(b)(1) and maintained a favorable performance evaluation in their Semi-annual Performance Evaluation Reports. The Apprentice Pilot must satisfy the association’s requirements in a specific area or port of the district waters to be eligible for a Limited Registration, as set out in the Apprentice Pilot’s training plan approved by the Director. Thereafter, the association requests approval for the Apprentice Pilot to provide pilotage services in these specific areas without supervision by a United States Registered Pilot or Temporary Registered Pilot. If approved, the Director issues the Apprentice Pilot a letter authorizing Limited Registration for the area requested by the association. The Apprentice Pilot can provide pilotage services without supervision in the authorized area and can continue to complete round trips in other areas and ports as opportunities are provided by the association. Once all required round trips are completed, per their individual training plan, a request to the Director may be made to administer the pilot’s written exam to the Apprentice Pilot. The Director can revoke the Limited Registration if the Director feels that the association is not providing the Apprentice Pilot appropriate training time to complete the remaining trips left in the district waters. Limited Registrations are valid for as long as the Director determines is necessary. Last, we add new paragraph (k), which states requirements for when an Apprentice Pilot may be eligible for a Certificate of Registration. These E:\FR\FM\17SER4.SGM 17SER4 76320 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES4 requirements are distinct from the requirements for Applicant Trainees contained in § 401.214, and they reflect the value of an Apprentice Pilot’s experience. The four requirements are: completion of a Director-approved Great Lakes pilot association’s individual training program; an endorsement from the association; receipt of a passing grade on the Director’s exam; and a determination by the Director that there is a need for an additional Pilot in that association. These requirements exist in practice and are referenced throughout parts 401 and 402. We codify them here to clarify to the Apprentice Pilot and to the associations what conditions are necessary to reach Full Registration. § 401.214 Training Requirements for Applicant Trainees In this new section, we outline the requirements for Applicant Trainees. This section codifies the Director’s authority to determine the number of Applicant Trainees needed in training at a time for each association to ensure enough U.S. Registered Pilots in that district. This authority is exercised in the ratemaking update every year, but this rule codifies it. The requirements for Applicant Trainees are similar to those for Apprentice Pilots, but Applicant Trainees do not require any prior Great Lakes service experience. The Applicant Trainee must be a U.S. citizen, of good moral character and temperate habits, physically competent, available for service, under the age of 60, in compliance with the chemical testing requirements, and have a Radar Observer-Unlimited endorsement on their MMC. The Applicant Trainee is required to obtain at least 6 months of service as a credentialed officer on the Great Lakes, or comparable experience, before being considered for Apprentice Pilot. An Applicant Trainee trains under the supervision of a U.S. Registered Pilot or Temporary Registered Pilot. This section in paragraph (d) states that the Director must approve the Pilots designated to provide training to Applicant Trainees, as an oversight measure. When an Applicant Trainee conducts trips with a U.S. Registered Pilot or Temporary Registered Pilot to complete the 6-month familiarization requirement, or comparable experience on the Great Lakes, the round trips do not count toward Full Registration certification. Applicant Trainees who meet the minimum requirements set forth in this section are required to receive an endorsement from the pilot association’s training committee or the president for VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 the Director’s consideration. A positive endorsement does not guarantee issuance or renewal by the Director. The Director considers the Applicant Trainee’s progress, traffic projections, and other relevant information when making the decision to issue a certification. We clarify that the Applicant Trainee must submit Form CG–4509 to the email address, GreatLakesPilotage@uscg.mil, or to the physical mailing address, Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593–7509. The Director requests the signed passportstyle photographs when they are needed, but they do not need to be submitted with the application. The Coast Guard does not need the photos until issuing the ID card. Applicant Trainees selected by the association and approved by the Director are issued a U.S. Coast Guard Applicant Trainee ID Card. The card remains valid until the earliest expiration date set by the Director, the date the Applicant Trainee is registered as an Apprentice Pilot, the date the Applicant Trainee withdraws from the training program, or the date the Director orders the card returned. § 401.220 Registration of Pilots The Coast Guard removes the 1-year time limit in §§ 401.220(b)(1) and 402.220(a) for Apprentice Pilots to complete their round trips, and instead allows the applicable time limit to be specified in an Apprentice Pilot’s individual training plan. Due to limited vessel traffic in some districts and ports, some Apprentice Pilots are not able to complete the required number of training trips in 1 year. This change allows Apprentice Pilots more time to complete these trips, in accordance with their individual training plan. Currently, training takes 2 to 3 years, on average, depending on which MMC endorsements the Apprentice Pilot holds and how quickly they satisfy the requirements set forth by the association and approved by the Director. This change is in accordance with GLPAC subcommittee recommendations 4 and 5, described in the ‘‘GLPAC Subcommittee Teleconference Meeting Minutes’’ from March 5, 2018, and adopted at the GLPAC Teleconference meeting on April 11, 2018.10 The revisions to § 401.220(b) align the requirements in (b)(1) through (3) with the new definition for Apprentice Pilots. In paragraph (b)(3), the Coast Guard clarifies when the written examination is taken by the Apprentice Pilot. The 10 March PO 00000 2018 Meeting Minutes, supra note 6. Frm 00010 Fmt 4701 Sfmt 4700 written examination is the final step to be considered for Full Registration. After the requirements of the regulations and the individual training plan have been met, and the association is comfortable with the Apprentice Pilot’s progress, the association sends a request to the Director for the administration of the written exam. The Director arranges for the Apprentice Pilot to take the written exam at the nearest Regional Exam Center or respective pilot association office. The changes to paragraph (b)(3) indicate that the Apprentice Pilot is eligible to take the exam after they complete their minimum number of round trips and their approved training plan prescribed by the association. In paragraph (c), this rule explains that the pilot association’s recommendation for registering the Apprentice Pilot can include reasons for or against their registration. Currently, the text only requires the association to include reasons for the registration. We wish to clarify that the association should include any reasons, for or against registration, that are relevant to the Director’s decision. The Coast Guard clarifies in paragraph (d) that a Certificate of Registration can be issued to an Apprentice Pilot who has completed all the requirements and has been found qualified and removed an outdated reference to Title 52 of the Revised Statutes. In § 401.220, this rule deletes paragraph (e). This paragraph authorizes the Director to issue a temporary Certificate of Registration of less than 1 year to qualified persons, regardless of age. We delete this because Temporary Registration is redefined and prescribed in the new § 401.222, discussed next. D. Administration of Great Lakes Pilots The Coast Guard updates various sections in parts 401 and 402 that govern the administration of Great Lakes Pilots. These changes modernize the mechanisms and practices used by the Coast Guard to register, monitor, and ensure the compliance of Great Lakes Pilots. A section-by-section description of the changes to each section follows. § 401.222 Temporary Registered Pilots on the Great Lakes In conjunction with the new definition for ‘‘Temporary Registered Pilot,’’ the Coast Guard adds a new § 401.222 regarding the requirements and issuance of a Temporary Registration. The mandatory retirement age for United States Registered Pilots is 70 years old. However, if a Pilot maintains their MMC and meets the E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES4 medical requirements, they can, with the Director’s approval, receive a Temporary Pilot ID Card. Possession of this card makes the Pilot eligible for an association to request their pilotage services. Alternatively, if a United States Registered Pilot has previously retired and is requested by the association to provide pilotage services, the Director can issue a Temporary Registration for them. We removed the old 401.222(a)(5) from the proposed rule in order to allow a retired pilot to seek Temporary Registration of their own volition, making their ready and available when the need arises. A mariner seeking Temporary Registration under this section must meet the requirements of a United States Registered Pilot in § 401.210, except the age requirement. Temporary Registration is for Pilots who desire to provide pilotage services, but either have reached the age of 70 or have retired. The Temporary Registration is valid for a period defined by the Director, but it does not exceed 1 year from the date of issuance. Current regulations in § 401.220(e) for Temporary Registration have the same 1-year validity period. Given the risks associated with piloting large vessels through the Great Lakes and rivers, an annual renewal requirement continues to promote the safety goals on the Great Lakes, while allowing flexibility to mariners who wish to continue providing pilotage services after retirement or age 70. § 401.230 Certificates of Registration In § 401.230(a), when describing the waters where the Certificate of Registration authorizes the Pilot to perform pilotage services, the Coast Guard uses ‘‘areas and routes’’ in place of ‘‘part or parts’’ as used in the current § 401.230(a). Using ‘‘areas and routes’’ better aligns with language used throughout the pilotage regulations. In paragraph (c), the Coast Guard clarifies that a Certificate of Registration may not be digitally reproduced or be used to make a facsimile, in addition to the current prohibitions against copying or Photostat. The original Certificate of Registration, issued by the Director, is the only document allowed to be carried by a U.S. Registered Pilot. These changes further clarify that no copies, printed or electronic, are allowed. In paragraph (d), the Coast Guard requires that replacement requests for Certificates of Registration must be made on Form CG–4509 instead of writing a letter, as the Coast Guard requires the information on the form to be updated to issue a new Certificate of Registration. The Coast Guard also VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 clarifies the style of signed photographs needed to generate a replacement for a Certificate of Registration that has been lost, damaged, or defaced. Because the signature on the photograph is needed to authenticate the certificate, the signature must be as close to the head as possible, so that the signature remains visible when the photograph is trimmed to fit the certificate during creation. § 401.240 Renewal of Certificates of Registration The Coast Guard clarifies in § 401.240(a) that an applicant for a renewal of Certificate of Registration must submit Form CG–4509. The Coast Guard clarifies the style of photographs needed to generate a Certificate of Registration for renewal. Specifically, we state that the signature on the photograph needs to be as close to the head as possible, so that the signature remains visible when the photograph is trimmed to fit the certificate during creation. § 401.260 Reports In paragraph (a), the Coast Guard clarifies that, when a marine accident occurs while a United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is providing pilotage services, they must report the accident, in writing, to the Director. We add the results of the Pilot’s post-casualty drug and alcohol test, if required, to the report’s mandatory contents. The existing requirements are put into a list format to clarify what the Pilot must include in the report. We redesignate new paragraph (b) from the existing requirement in paragraph (a) that the report to the Director does not relieve the Pilot or others of responsibility for submitting any report required by other government agencies of the United States or Canada. We also clarify in new paragraph (b) that this reporting requirement does not affect any other reporting requirements in Coast Guard regulations. We remove the requirement in 46 CFR 401.260(c) for the pilotage pool to submit a monthly availability report to the Director. As per 46 U.S.C. 9303(a)(3), ‘‘the applicant will be available for service when required.’’ In the new 46 CFR 401.210(a)(6), Pilots must agree to be available for service. The Coast Guard sees no use for this monthly availability report requirement, because the associations notify the Director when a Pilot is not available to provide pilotage services. In practice, the Director has not been requiring this monthly report. Accordingly, we PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 76321 remove the requirement from the regulations. § 401.420 Cancellation, Delay, or Interruption in Rendition of Services In paragraph (a)(3) of this section, the Coast Guard removes the words ‘‘or movage’’ and replaces them with ‘‘or transit,’’ because the ratemaking methodology does not account for this movage action. ‘‘Transit’’ aligns better with the terminology used in part 401. In paragraph (c), the Coast Guard revises the existing provisions specifying that, when pilotage delay is due to ice or weather, the vessel is not responsible for the additional charges invoiced by the association. The regulations currently state that the vessel is not liable for charges under this part. We add the words ‘‘or vessel owners’’ to explicitly extend this exemption to vessel owners to clearly establish the lack of liability for charges under this section. We also have deleted the jointagreement provision initially proposed in the NPRM to clarify that the decision to interrupt the voyage, or to detain the Pilot because of ice or weather, must be determined by the vessel Master. This interruption of the voyage, or the detention of the Pilot, is in consideration of marine safety. When possible, the determination to interrupt, detain, or delay the vessel due to ice or weather should be made prior to the Pilot departing for the vessel. This additional guidance on when the determination must be communicated to the Pilot promotes efficiency in the process of calling a Pilot to a vessel and clarifies liability. We also remove interruption or detention due to traffic as a justification for this exemption for delayed pilotage charges. Vessel traffic is a normal occurrence on the waterways that is expected during the normal course of business. Weather and ice delays are made in response to maritime safety, and vessels should not be penalized for delays made in the interest of safety. These exemptions are intended to relieve vessels for charges brought on by forces outside of their control. While vessel traffic used to be difficult to predict, the availability of the Vessel Traffic System and Automated Information System data means that vessels have access to data that can assist in predicting traffic. Therefore, the Coast Guard is removing this exemption and making vessels responsible for accurately predicting vessel traffic. E:\FR\FM\17SER4.SGM 17SER4 76322 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations § 401.425 Pilot Provision for Additional The Coast Guard removes the text, ‘‘Great Lakes Pilotage Staff, U.S. Coast Guard, or the General Manager, Great Lakes Pilotage Authority, Ltd., Canada’’ and all references to Canada and other United States Coast Guard staff, to clarify who decides when an additional United States Registered Pilot is required. We clarify that the Director makes this double pilotage determination, when necessary, for the safe navigation of the vessel. We also remove the statement that the provisions for an additional Pilot do not apply to a ship that is not required to have a Pilot on board in undesignated waters of Lake Erie between Southeast Shoal and Port Colborne, because a Pilot is always required in these waters. This exemption is obsolete and no longer applies. Additional Pilot determinations are currently made on a case-by-case evaluation and are usually authorized between when the locks are opened and when the locks are closed. We note in the regulations that this is a case-by-case evaluation, and we include the potential reasons for additional Pilots. The association or vessel representative can request an additional Pilot on the vessel for a specific time, particular port or area, or situation. For example, if an association or vessel needs an additional Pilot due to seasonal removal of aids to navigation, ice conditions, weather forecasts, or other relevant situations, a request for an additional Pilot may be appropriate. In § 401.425 Provision for additional Pilot, we clarified what we meant in the NPRM by ‘‘the opening and closing of the shipping season.’’ We modified the language to give more clear instructions as to what the opening and closing means. In this section, the authorization may occur at the opening and closing of the year, after the locks have opened or closed. ddrumheller on DSK120RN23PROD with RULES4 § 401.431 Disputed Charges The Coast Guard updates this section to simplify and streamline the billing dispute process. This makes it easier to understand Coast Guard requirements and how the vessel owner or Master should provide the required data, such as via a written letter from an authorized officer of a company. The letter can be sent via traditional mail or by email, but it must be a formal letter. We also define the response time periods for the Coast Guard, the vessel owner or agent, and the pilot association, to both shorten the process and to hold all involved stakeholders to VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 regulatory timelines, per GLPAC recommendation 2 from the GLPAC 2018 Annual Meeting on September 10, 2018.11 Under revised paragraph (a), a vessel Master, owner, or agent who disputes the rate or charge for a Pilot is required to appeal to the Director within 60 business days of the date the pilot association issues the invoice. We clarify that the pilot association may also apply the charge to the vessel owner, Master, or agent thereof, because it is not always the Pilot who applies the charge. The appeal continues to be for the Director to issue an advisory opinion as to whether the disputed rate or charge is a prohibited charge or incorrectly assessed or calculated charge. In paragraph (b), the vessel owner, vessel charterer, an agent, or an employee empowered to speak on behalf of the owner or an agent delivers the appeal to the Director in the form of official correspondence. The rule requires that the appeal correspondence describes the pilotage services, and that it exacts the disputed charges, the regulatory citation for the dispute, and the requested resolution. Paragraph (c) also requires the owner or agent to provide the pilot association with a copy of the appeal, and to inform them that the disputed charges have been sent to the Director for an advisory opinion. The association has up to 20 business days to provide the Director and the entity that provided the complaint with any further data or arguments in defense of the disputed charges. We clarify that they have 20 business days, starting upon receipt of the notice of appeal from the charterer or owner. We also remove ‘‘rates’’ from the subject of a dispute because the Pilots and associations do not create or set the rates; the Coast Guard sets the rates through an annual rulemaking. In paragraph (e), we add a timeline of up to 30 business days for the Director to issue an advisory opinion. We remove the express recital that the Director considered all relevant material. Per current paragraph (e), the advisory opinion must address the disputed rates and charges, discuss the facts and information provided by both parties, and include a statement of opinion, so a recital that the Director considered the material is unnecessary. If the Director’s advisory opinion finds the disputed rates or charges are prohibited, the association currently has a reasonable time, but not more than 30 business days, to return the amount of 11 2018 PO 00000 September Meeting Minutes, supra note 7. Frm 00012 Fmt 4701 Sfmt 4700 disputed charges, as per the advisory opinion. We revise the deadline to say the association must issue any refund, according to the advisory opinion, within 30 business days. If the pilot association or the vessel owner feels that the advisory opinion is incorrect, under new paragraph (h), they can appeal the advisory opinion to the Director of Marine Transportation Systems (CG–5PW). The pilot association can submit an appeal for adjudication of the advisory opinion within 10 business days of receiving the original advisory opinion. § 401.450 Pilot Change Points In paragraph (b) of this section, the Coast Guard removes the effective date for the addition of change point, Iroquois Lock. The change point went into effect on October 2, 2017, to provide enough time for the association to hire more Pilots. Since the effective date has passed, and the change point is currently in use, we remove the start of the effective date, per GLPAC recommendation 1 from the GLPAC 2017 Annual Meeting on September 26, 2017.12 In paragraph (b), we also update the location of the change point for the Iroquois Lock. The change no longer happens between Iroquois Lock and the area of Ogdensburg, NY on the St. Lawrence River; the Pilot exchange now takes place in the Iroquois Lock. In paragraph (i), the Coast Guard updates change point ‘‘Gros Cap’’ to ‘‘Buoy 33’’ of the St. Marys River, Point Iroquois. The GLPAC created a subcommittee to discuss all the pilot change points in the St. Lawrence Seaway and Great Lakes system. They found that Gros Cap was too far out of the St. Marys River, and weather conditions created unsafe conditions for the pilot boat to transfer Pilots. Buoy 33 of the St. Marys River is a better harbor to transfer Pilots, as it is safer for the Pilots to transit up and down the ladders of the vessels. This change is from GLPAC recommendation 1 from the GLPAC 2017 Annual Meeting on September 26, 2017, and conforms to current practice.13 § 401.510 Operation Without Registered Pilots The Coast Guard removes outdated regulations in paragraphs (b)(3) through (7) of this section, which were codified when both the Department of Commerce and the Coast Guard had regulatory authority over U.S. pilotage services. 12 Meeting Minutes from the GLPAC 2017 Annual Meeting on September 26, 2017 are available in the docket. 13 Id. E:\FR\FM\17SER4.SGM 17SER4 ddrumheller on DSK120RN23PROD with RULES4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations From 1960 to 1967, primary responsibility for Great Lakes pilotage resided with the Department of Commerce. As the Coast Guard is now the sole Federal agency responsible for enforcing the Act, these regulations are unnecessary or cumbersome. And, because all the regulatory authority is now under the Coast Guard, we can coordinate more effectively and efficiently with Coast Guard District 9 than was possible when the authority was split between the Coast Guard and the Department of Commerce. The regulations in § 401.510, which address operation without Registered Pilots, is significantly streamlined to reflect the current operation requirements. For example, if a Pilot is not available when needed, the Director’s pilotage office can coordinate with Coast Guard District 9 much more effectively, because everything is under one agency. The 6-hour rule in current paragraphs (b)(3) and (4) has not been used since the late-1980s or early-1990s. The 6-hour period was intended as a buffer to allow the Coast Guard time to evaluate a situation before concurring with the Department of Commerce’s desire to order a Pilot off their rest period. The Coast Guard monitors traffic throughout the 2,300 nautical miles in the Great Lakes system for compulsory pilotage and is now able to make these decisions in real time. We delete paragraph (b)(5) because the language is obsolete and outlines practices that are no longer relevant to the modern pilotage industry. The decision as to whether a vessel can proceed without a Pilot rests solely with the Director. It does not require the concurrence of the Coast Guard officer to whom the violation was reported. Removing this paragraph from the CFR will prevent confusion by removing instructions that are contrary to the practices followed by modern-day Pilots. We also delete paragraph (b)(6), which requires a pilotage pool to obtain verification from the Canadian Supervisor of Pilots that they do not have a Pilot available, for the same reasons. The parts we retain in existing paragraphs (b)(1), (2), and (8) outline the Director’s authority to allow a vessel to depart without a Registered Pilot, and sufficiently articulate that the Director will make each decision on a case-bycase basis. The Director continues to obtain Coast Guard District 9 concurrence before providing this information to the vessel. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 § 401.710 Operating Requirements for Holders of Certificates of Authorization We update the reference in this section to the Memorandum of Understanding (MOU) to reflect the most current version of this Memorandum with the Canadian Government. The updated version is the ‘‘Memorandum of Understanding, Great Lakes Pilotage, Between The United States Coast Guard and The Great Lakes Pilotage Authority,’’ effective September 19, 2013, and can be found in the docket. The previous version mentioned in this section was executed in 1970 and is no longer current. § 402.210 Requirements and Qualifications for Registration (Medical Requirements) The Coast Guard revises the language in this section to align the medical and vision requirements for Apprentice Pilots, United States Registered Pilots, and Temporary Registered Pilots with the existing standards for a mariner medical certificate. There is no reason to duplicate the medical requirements in the pilot regulations that already exist in 46 CFR part 10, subpart C. Aligning these regulations reduces the time and burden on Pilots having to comply with regulations in two separate parts of the CFR, per GLPAC recommendation 7 from a subcommittee meeting on April 11, 2018.14 We revise the requirements in this section to say that United States Registered Pilots, Apprentice Pilots, and Temporary Registered Pilots must meet the medical and physical standards for a mariner medical certificate in accordance with 46 CFR part 10, subpart C, and remove the requirements from paragraph (b), regarding disease and impairment, and from paragraph (c), regarding vision. 46 CFR part 10, subpart C sufficiently covers these medical requirements for Pilots. Pilots are still required to meet the annual physical examination requirements in 46 CFR 11.709. The Coast Guard is also updating this section to remove the requirement that the examination be performed by a licensed medical doctor. A licensed Nurse Practitioner, a licensed Physician Assistant, or a licensed Medical Examiner may perform the required examination, in addition to licensed medical doctors. The text in § 10.302(b) is also updated to align with this change. 14 Meeting minutes from the April 11 2018 meeting of the GLPAC Regulatory Reform Subcommittee are available in the docket. PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 § 402.220 76323 Registration of Pilots In this section, we update the terminology for ‘‘Apprentice Pilot’’ and ‘‘minimum number of round trips’’ to reflect changes made throughout part 401. In paragraph (a), we clarify that the pilot association training committee, pilot association president, or Director may require additional round trips. The additional rounds trips are as needed to demonstrate proficiency in a specific waterway or port to ensure maritime safety. We also remove the 1-year time limit to complete the round trips, because of limited vessel traffic in some districts and ports, meaning that some Apprentice Pilots are not able to complete the required number of training trips within 1 year. We include a caveat that the minimum number of round trips listed in the regulations, or in an Apprentice Pilot’s individual training plan, does not guarantee advancement to Full Registration. This way, the pilot association and the Director can reserve the discretion to require additional round trips when necessary. The Coast Guard removes foreign language requirements from § 402.220(b)(5) and knowledge of foreign-made navigational equipment from § 402.220(b)(10). The current pilotage regulations in paragraph (b)(5) require United States Registered Pilots to be able to provide ‘‘[instructions] in basic helm and engine telegraph orders in Greek, Spanish, German, and Italian languages.’’ These outdated foreign language requirements and instructions are no longer necessary or enforced because they have been superseded by international treaty requirements. Under Chapter 5, Regulation 14, paragraph 4 of the International Convention for the Safety of Life at Sea (SOLAS), all ships are required to use English as the working language for bridge-to-bridge and bridge-to-shore safety communications, as well as for communications between the Pilot and the bridge watchkeeping personnel. This change is in accordance with GLPAC recommendations 2 and 3 from the subcommittee meeting on April 11, 2018.15 In addition, we update the reference to the 1977 version of the MOU referenced in this section to reflect the most current issue of this Memorandum. The updated version is the ‘‘Memorandum of Understanding, Great Lakes Pilotage, Between The United States Coast Guard and The Great Lakes Pilotage Authority,’’ effective September 15 Id. E:\FR\FM\17SER4.SGM 17SER4 76324 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 19, 2013. The MOU can be found in the docket. § 402.320 Working Rules The Coast Guard removes the working rule references in paragraphs (a)(1) through (4), and instead provides an email address where the public may request a copy of the approved working rules for each district. Each association updates its working rules frequently. It is impractical for the Coast Guard to issue regulations to update this section every time an association issues new working rules. To receive accurate information, the public can request the most current copy of the working rules by emailing the Coast Guard. E. Technical Revisions Throughout Parts 401 and 402 Throughout parts 401 and 402, this final rule changes most instances of ‘‘shall’’ to ‘‘must’’ to conform to plain language guidelines. We change instances where the regulations require the Director or the Coast Guard to act from ‘‘shall’’ to ‘‘will’’ to clearly indicate how the Coast Guard will respond. However, we change instances where the Director or the Coast Guard needs to reserve discretion in issuing certain endorsements or decisions from ‘‘shall’’ to ‘‘may.’’ We also change uses of ‘‘Registered Pilot’’ within the text of the regulations to specify exactly which phases of Pilot registration are meant, and to align these references with defined terms. We update all references to ‘‘pool’’ to ‘‘pilotage pool’’ to conform to the new definition for pilotage pool. Additionally, in several sections, we update the mailing addresses in the regulations for the Great Lakes Pilotage Office to our current address: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Mail Stop 7509, Washington, DC 20593–7509. In certain places in the regulations, we replace ‘‘Commandant’’ with ‘‘Director’’ for decisions that are made, in practice, by the Director. This change clarifies the procedures and expectations for the public. For example, we change § 401.220(b), because the Director prescribes the minimum number of round trips and written examination for Full Registration. These changes reflect current practice. In section 401.250, we removed the word ‘‘license’’ as this term is not used in this context any longer. Mariners are given ‘‘certificates with endorsements.’’ Another nomenclature change throughout parts 401 and 402 is changing instances of ‘‘his’’ to ‘‘they’’ or ‘‘their’’ to be gender inclusive. We make several technical revisions and nomenclature changes in the Administrative Law Judge decision sections in 46 CFR part 401, subpart F, including sections 401.645 and 401.650. There are no substantive changes in subpart F. This final rule also removes outdated references to Title 52 of the Revised Statutes and replaces them with the current statutory requirements for Great Lakes pilotage, Title 46 of the United States Code. Public Law 98–99, 97 Stat. 558 consolidated these statutory requirements into 46 U.S.C. on August 26, 1983. VI. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders. A. Regulatory Planning and Review Executive Orders 12866 (Regulatory Planning and Review), as amended by Executive Order 14094 (Modernizing Regulatory Review), and Executive Order 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, OMB has not reviewed this rule. A regulatory analysis (RA) follows. None of the public comments prompted changes to the methodology used for the regulatory analysis. Further, there are no recent wages available at the time of the final analysis. Therefore, the regulatory analysis for this final rule is as published in the NPRM with no changes. Affected Population The affected population for this rule includes an average of 51 U.S. Great Lakes Pilots, 9 Apprentice Pilots, and 3 Temporary Registered Pilots over a period of 5 years (2018–2022), all represented by 3 pilot associations. Table 1 shows the population from 2018 to 2023, using projections provided by the pilot associations published in the annual ratemaking for each year. Some of the changes detailed below impact a subset of this population, in which case we later detail the average of that subset, along with the cost estimate. Unless otherwise noted, the change impacts the entire affected population equally. TABLE 1—AFFECTED POPULATION 2018–2023 Temporary Registered Pilots Pilots ddrumheller on DSK120RN23PROD with RULES4 2023 2022 2021 2020 2019 2018 Apprentice Pilots Total ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. 56 51 54 52 51 49 3 2 3 3 3 3 6 9 8 13 8 7 65 62 65 68 62 59 Average (2018–2022) ............................................................... 51.4 2.8 9 63.2 * Note: Data provided above for each year (inclusive of Year 2023) are projections based on pilot association estimates. We have chosen to draw the average from 2018–2022. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Costs Most of the cost impacts for this rule have already been realized by industry. As a result of the 2018 ratemaking final rule, a new staffing model was established, and updates to the Great Lakes Pilotage Management System (GLPMS) data management system occurred. 2018 also saw the Director provide industry and associations informal guidance on many of the cost provisions found in this rulemaking. This informal guidance directly impacted current industry practices referenced in this rulemaking. Therefore, to provide a comprehensive estimate of the impacts of this rulemaking, the Coast Guard utilizes two baselines, a ‘‘Pre-Guidance’’ baseline’’ and a ‘‘No Action’’ baseline. The Pre-Guidance baseline captures costs across two different time horizons. First, it provides transparency regarding costs realized from 2018–2022 due to informal guidance becoming industry practice. Second, it captures new cost impacts across a 10-year period of 76325 analysis from 2023–2032 that stem from this rulemaking. Therefore, the entire period of analysis for the Pre-Guidance baseline is 2018–2032. The No Action baseline represents the current state of the world, as if there were no rulemaking. Quantifying costs against the No Action baseline entails including only costs directly attributable to this rule and excludes any costs derived from 2018 guidance. The period of analysis for costs relative to the No Action baseline is 2023–2032. See table 2 for a visual depiction of the baselines. Table 2: Visual Depiction of No Action and Pre-Guidance Baselines Time Period of Analysis: Pn!-Guldance Baseline I I I I I GLP Informal Guidance GLP Modernization FR I I ~ Table 3 shows the summary of net costs, broken down by each of the two baselines. The figures shown for each baseline are in 2022 dollars and are discounted at 7 percent. TABLE 3—SUMMARY OF NET COSTS BY BASELINE [2022 Dollars] Net Private Costs to Industry ............... Net Costs to Government .................... Total Net Costs ............................. No Action baseline (2023–2032; discounted 7%) Net Costs to Industry: ($720,755.13) ...................... Annualized Net Costs to Industry: ($56,422.19) ..... Net Costs to Government: $12,540.65 ................... Annualized Net Costs to Government: $981.71 ..... Net Costs to Industry: ($834,809.05) Annualized Net Costs to Industry: ($118,858.03) Net Costs to Government: $0.00 Annualized Net Costs to Government: $0.00 Total Net Costs: ($708,214.47) ............................... Annualized Net Costs: ($55,440.48) ....................... Total Net Costs: ($834,809.05) Annualized Net Costs: ($118.858.03) * Note: Components may not add to the totals due to rounding. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 ER17SE24.019</GPH> ddrumheller on DSK120RN23PROD with RULES4 Pre-Guidance baseline (2018–2032; discounted 7%) 76326 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations The no-cost category, summarized in table 4, includes changes that have no cost, because the change is administrative where the regulatory text needs revision for clarity to reflect reorganization of the text. It also includes changes that result in no costs for either baseline, where the substantive action occurred prior to 2018 (through either existing regulatory text or longstanding guidance). For many of the cost items, the affected population already realizes the impact of the changes from prior ratemakings and general changes to industry’s current practice. Certain items in table 4 solely represent information collection costs, rather than new regulatory costs. Note that information collection costs include any cost of ongoing reporting or recordkeeping that must be submitted to the Coast Guard. TABLE 4—SUMMARY OF NO-COST CHANGES CFR section Reason for no cost Purpose: § 401.100 .... Adds the word ‘‘pilotage’’ to clarify the part relates to the creation of ‘‘pilotage pools’’. Purpose: § 401.100 .... Adds text to clarify that ‘‘Registered Pilots’’ refers to ‘‘United States Registered Pilots’’. Definitions: § 401.110 Removes numbering of definitions and arrangement in alphabetical letter. Adds the definition for ‘‘Applicant’’ to clarify that an ‘‘Applicant’’ is a person who has submitted a Form CG–4509 to the Director to be considered for placement in an approved U.S. Great Lakes pilot training and qualification program at one of the established pilotage pools. Modifies the definition of ‘‘Applicant Trainee’’ to clarify that an Applicant Trainee is a person approved and certified by the Director, who is participating in an approved U.S. Great Lakes pilot training and qualification program but does not qualify as an Apprentice Pilot. Removes the last sentence from the definition of Apprentice Pilot, ‘‘This definition is only applicable to determining which pilots may be included in the operating expenses, estimates, and wage benchmark in §§ 404.2(b)(7), 404.103(b), and 404.104(d) and (e)’’. Modifies the definition of ‘‘association’’ to clarify that the Director of Great Lakes Pilotage issues a Certificate of Authorization, not the Great Lakes Pilotage Branch. Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 ddrumheller on DSK120RN23PROD with RULES4 Description of change Updates the abbreviation of ‘‘Commandant’’ from ‘‘CG–00’’ to ‘‘CCG’’. Adds a definition for ‘‘chemical test’’ .............. Updates the address for the Director from ‘‘Commandant (CG–WWM–2), to Attn:’’ to ‘‘Director’’. Updates the definition for ‘‘comparable experience’’. Definitions: § 401.110 Adds the definition of ‘‘Full Registration’’ for additional clarity. Definitions: § 401.110 Updates the definition for ‘‘Limited Registration’’. Definitions: § 401.110 Creates a definition for ‘‘marine accident’’ ..... VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00016 This is an administrative change; pilotage is an older term from the 1960’s, whereas pilotage pools are more commonly used today, but both refer to the same thing. This is an administrative change that makes explicit that the regulation does not include Canadian Pilots, which is implicit based on the contextual language. This is an administrative change ................... This is an administrative change that distinguishes an applicant awaiting an acceptance decision from an Applicant Trainee accepted into training. Benefits Further clarifies the purpose of the section and reduces confusion. Further clarifies the purpose of the section and reduces confusion. Eases finding definitions, increasing readability and clarity. Further clarifies the differences between an ‘‘Applicant,’’ ‘‘Applicant Trainee,’’ and ‘‘Apprentice Pilot’’, which were previously not distinguished but all referred to synonymously as ‘‘applicant’’. This distinguishes an Applicant Trainee accepted into training from an applicant awaiting an acceptance decision. Further clarifies the differences between an ‘‘Applicant,’’ ‘‘Applicant Trainee,’’ and ‘‘Apprentice Pilot’’, which were previously not distinguished but all referred to synonymously as ‘‘applicant’’. The base definition of Apprentice Pilot is unchanged. Clarifies how this definition is used in conjunction with the new definitions of Applicant and Applicant Trainee, which were not used when the term Applicant Pilot was first introduced. This is an administrative change that does not change the method of authorization but clarifies the source of authority. Adds additional clarity to the source of the Director’s authority and reduces confusion on what actions are the responsibility of the Coast Guard and what is the responsibility of the Director. Adds additional clarity and reduces confusion. Adds additional clarity and reduces confusion. This is an administrative change ................... This is an administrative change. The new definition is the same as the existing definition in 46 CFR 4.03–7. This is an administrative change ................... This is an administrative change. It clarifies that experience similar to experience on a vessel of 4,000 GT or over can be used to qualify as an applicant. This is an administrative change that does not change the requirements to achieve Full Registration, but distinguishes the different types of registration. This is an administrative change that distinguishes from a Temporary Registration where, previously, ‘‘temporary’’ referred to multiple types of registration. This does not change the current requirements for receiving any of the types of registration. This is an administrative change that distinguishes between reportable marine casualties that are sent to the Coast Guard under 46 CFR part 4, and accident reports of those casualties that are sent to the Director if the casualty affects pilotage. Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM Adds additional clarity and reduces confusion. It has the unquantifiable benefit of expanding the number of potential applicants using experience from other areas of the U.S. to qualify as an applicant. To date, this has not occurred. Further clarifies the difference between Full, Limited, and Temporary Registrations. Further clarifies the difference between Full, Limited, and Temporary Registrations. Further clarifies 46 CFR 401.260(a), incident reporting requirements for Pilots on the Great Lakes. The requirement to notify the Director is not new, but differentiating the kinds of reports makes it clearer to whom the notice must be given. 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76327 TABLE 4—SUMMARY OF NO-COST CHANGES—Continued CFR section Description of change Reason for no cost Benefits Definitions: § 401.110 Creates a definition for ‘‘minimum number of round trips’’. Further clarifies round-trip requirements for Apprentice Pilots to be in line with added distinctions between Apprentice Pilots and Applicant Trainees. Definitions: § 401.110 Renames the term ‘‘pool’’ to ‘‘pilotage pool’’ and adds additional text to the definition. This does not change the existing minimum requirements, which are detailed in 401.220(b). This addition clarifies that the number of trips applies to trips conducted by an Apprentice Pilot, not by an Applicant Trainee. This is an administrative change that better aligns with current authorization language.. Definitions: § 401.110 Adds additional text to the term ‘‘rate computation definitions’’ to clarify that these definitions are used to determine the weighting factors in the rate. Adds definition for ‘‘round trip’’ ....................... This is an administrative change ................... Adds definition for ‘‘Semi-annual Performance Evaluation Report’’. Adds the additional text to the definition of ‘‘United States Registered Pilot’’. This is an administrative change ................... Application for registration: § 401.200. Adds email address and physical mailing address for submission of Form CG–4509. This is an administrative change ................... Application for registration: § 401.200. Removes text requiring two photographs be submitted with Form CG–4509. § 401.210(a) ............... Changes ‘‘Requirements and qualifications for Registration’’ to ‘‘Requirements and qualifications for Full Registration’’. Adds the word ‘‘fully’’ ..................................... Form CG–4509 already requires the submission of two signed photographs. This change merely removes duplicative text, not the requirement to submit the photographs. This is an administrative change ................... Definitions: § 401.110 Definitions: § 401.110 Definitions: § 401.110 § 401.210(a) ............... This is an administrative change ................... This is an administrative change ................... § 401.210(a)(1) ........... Adds clarifying text updating authority from ‘‘revised statutes’’ to specify 46 CFR part 11, removing ‘‘license or MMC’’ to read ‘‘MMC with an officer endorsement’’, and replacing ‘‘tows’’ with ‘‘barge’’ in ‘‘integrated tug and barge’’. This change removes outdated language, and it updates to the most current authority citations to provide clarity. However, it does not change existing requirements. § 401.210(a)(4) ........... Adds ‘‘applicable’’ to ‘‘applicable medical requirements and standards’’ and the CFR citation to the existing requirements. Removes text specifying a requirement to hold a TWIC in addition to an MMC. Removes unnecessary text and changes the term ‘‘Applicant Pilots’’ to ‘‘Apprentice Pilots’’. This is an administrative change as the requirements in the cited CFR section are unchanged. TWICs are already required to hold an MMC, so specifying both is redundant. This is an administrative change necessary to make text consistent with new, added definitions in other sections that clarify between applicants, Applicant Trainees, and Apprentice Pilots. § 401.210(a)(8) ........... Adds new paragraph requiring the individual to meet the chemical testing requirements in 46 CFR part 16 for Full Registration. § 401.211 .................... Changes text from ‘‘Applicant Pilots’’ to ‘‘Apprentice Pilots’’ to be consistent with new terms. Creates new paragraph (b) containing current text. This is an administrative change that integrates references to the existing source of requirements rather than restating requirements. This is an existing requirement for all mariners holding an MMC, per 46 CFR 10.209(h) and 46 CFR part 16. This is an administrative change necessary to make text consistent with new definitions added in other sections. This is an administrative change necessary to detail changes in the organization of the text. Pilots must already hold a Radar Observer qualification. § 401.210(a)(6) ........... § 401.210(a)(7) ........... § 401.211(b) ............... § 401.211(b)(3) ........... ddrumheller on DSK120RN23PROD with RULES4 This is an administrative change ................... § 401.211(e) ............... § 401.211(e) ............... VerDate Sep<11>2014 Adds citation to 46 CFR part 11.480 to clarify requirements to obtain Radar Observer qualification but does not change the existing requirement to hold a Radar Observer qualification. Adds address for submission of Form CG– 4509. Adds text requiring two photographs be submitted with Form CG–4509 to provide clarity since § 401.200 no longer requires it. 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00017 This is an administrative change ................... This is an administrative change that does not alter the existing requirements of Form CG–4509. Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM Further clarifies that pilotage pools are organizations holding a Certificate of Authorization issued by the Director, which are the three existing pilot associations for each of the three districts. Further clarifies how the weighting factors are calculated. Further clarifies what is considered a round trip. Further clarifies the Semi-annual Performance Evaluation Report. Updates text to reference current U.S. Code sections and mariner credentialing requirements. Adds email address and physical mailing address to make it easier for the regulated public to submit the form. Adds clarity by removing duplicative text. Further clarifies Full Registration in comparison to requirements for new definitions. Adds clarity by matching title to altered text in the body paragraph. Adds clarity by making the citation more specific. Mariners are no longer issued licenses but credentials with endorsements. This change replaces outdated language with more current language and authorities. The emphasis on barges clarifies that Pilots must be credentialed deck officers, and the tonnage requirements apply to an integrated tug and barge, not the aggregate tonnage of a tug and tow. Improves clarity of the source of requirements. Increases clarity and readability of the CFR by removing unnecessary text. Increases clarity and readability of the CFR by removing text specifying application for pilotage, which is already specified in the title of the section. Increases clarity by changing ‘‘Applicant Pilots’’ to ‘‘Apprentice Pilots’’ to be consistent with definition changes. Adds clarity by making citation more specific and eliminating the need to update text when parts of 46 CFR part 16 change. Adds clarity and consistency for references to new definitions. Adds clarity and better readability by making requirement list stand out within the paragraph. Adds clarity by making citation more specific and eliminating the need to update text when parts of 46 CFR part 11.480 change. Adds email and mailing address to make it easier for the regulated public to submit forms. Clarifies the requirements for submitting Form CG–4509 where methods of submission are discussed. 17SER4 76328 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations TABLE 4—SUMMARY OF NO-COST CHANGES—Continued CFR section Description of change Reason for no cost § 401.211(f) ................ Creates new paragraph (f), modifying text to clarify who may be issued a U.S. Coast Guard Apprentice Pilot ID Card. Replaces the terms ‘‘applicant’’ and ‘‘Applicant Pilot’’ with ‘‘Apprentice Pilot’’. Adds new paragraph stating the Director may set an expiration date for the Apprentice Pilot ID Card. Minor wording changes .................................. This is an administrative change ................... Improves clarity and makes text consistent with definitions. This is an administrative change ................... Improves clarity. This is an administrative change ................... § 401.211(i) ................. New paragraph requires Apprentice Pilots to be enrolled in the association’s chemical testing program. This change simply updates text, as this is already required as part of casualty reporting. § 401.211(k) ................ New paragraph outlines requirements for Full Registration, including passing an exam, a positive endorsement from the association, and the determination by the Director of the need for an additional Pilot. Adds new section with requirements for Applicant Trainees. This change updates text to describe current practice. The impact of the change from prior text has already been realized in 401.220(b). Improves clarity by specifying the ID card is withdrawn. Improves clarity of applicability to make all text consistent across new sections that specify requirements for applicants, Applicant Trainees, and Apprentice Pilots. Creates clarity by detailing section title for Apprentice Pilot to be consistent with new terms. § 401.214(b) ............... New paragraph adding qualifications to be considered an Applicant Trainee. This is an administrative change necessary to distinguish applicants from Applicant Trainees. Use of this term is already common practice. § 401.214(e) ............... New paragraph clarifies that Applicant Trainees must submit an application on Form CG–4509. § 401.220(b) ............... Changes the term ‘‘Applicant Pilot’’ to ‘‘Apprentice Pilot’’. Applicant Trainees have already been submitting these forms, but the regulatory text did not reference Applicant Trainees specifically. This practice predates any guidance issued in 2018 and is not a result of this rulemaking. This new clarifying paragraph codifies a longstanding practice. Therefore, this is a no-cost change in both our Pre-Guidance baseline (2018–2032) and our No Action baseline (2023–2032). This is an administrative change necessary to make text consistent with new definitions added in other sections. § 401.220(b)(2) ........... Clarifies that Apprentice Pilots, not Applicant Pilots, must complete the approved course of instruction prescribed by the association authorized to establish the pilotage pool. Minor wording changes to improve clarity and readability. This is an administrative change necessary to make text consistent with new definitions for applicant, Applicant Trainee, and Apprentice Pilot. This is an administrative change necessary to make text consistent with new definitions added in other sections. Changes wording to be consistent with new definitions of Apprentice Pilot and Applicant. Changes wording to be consistent with new definitions and removes outdated reference to Title 52 of Revised Statutes. Deletes paragraph .......................................... This is an administrative change necessary to make text consistent with new definitions added in other sections. This is an administrative change necessary to make text consistent with new definitions added in other sections. This is an administrative change ................... § 401.222 .................... Adds new section to move Temporary Registration requirements to their own section for clarity. This is an administrative change that updates organization of the part. § 401.222(a) ............... New paragraph that clarifies who may hold a Temporary Registration. This is an administrative alteration that changes organization of the text but does not change the requirements. § 401.230(a) ............... Minor wording change, updates statutory reference. This is an administrative change necessary to make text consistent with new definitions added in other sections. § 401.211(f)(1) ............ § 401.211(f)(4) ............ § 401.214 .................... § 401.220(b)(3) ........... § 401.220(c) ................ § 401.220(d) ............... ddrumheller on DSK120RN23PROD with RULES4 § 401.220(e) ............... VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00018 This is an administrative change to separate requirements to Applicant Trainees and Apprentice Pilots in accordance with definitions. Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM Benefits Creates clarity by codifying requirements for Applicant Trainees in a separate, new section distinct from Apprentice Pilots, so that requirements are in clearly distinct sections and consistent with new terms. The requirements themselves are not new, as they were in place when all stages of training were referred to indistinguishably as applicants. Creates clarity by listing requirements in clearly distinct sections and consistent with new terms. The requirements themselves are not new, as they were in place when all stages of training were referred to indistinguishably as applicants. Improves clarity by codifying the requirement that Applicant Trainees must submit an application. The requirement itself is not new and is a long-standing practice. Creates clarity by listing requirements in clearly distinct sections and consistent with new terms. The requirements themselves are not new, as they were in place when all stages of training were referred to indistinguishably as applicants. Increases clarity of the CFR to specify where ‘‘Apprentice Pilot’’ replaces the previous term ‘‘Applicant Pilot’’ Removes outdated and gendered references consistent with changes in other sections. The change clarifies that the written exam comes after the requirements set forth in (b)(1) and (b)(2). Increases clarity of the CFR to specify where ‘‘Apprentice Pilot’’ replaces the previous term ‘‘Applicant Pilot’’. Increases clarity of the CFR to specify where ‘‘Apprentice Pilot’’ replaces the old language and remove gendered references. Increases clarity of the CFR necessary to be consistent with new sections. Creates clarity by making requirements clear and consistent with a section for each category of applicant, Applicant Trainee, Apprentice Pilot, Pilot, and Temporary Registered Pilot. Creates clarity by making requirements clear and consistent with a section for each category of applicant, Applicant Trainee, Apprentice Pilot, Pilot, and Temporary Registered Pilot. Updates text to reference U.S. Code to improve clarity. 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76329 TABLE 4—SUMMARY OF NO-COST CHANGES—Continued CFR section § 401.230(a) ............... § 401.230(c) ................ § 401.240(d) ............... § 401.250(d) ............... § 401.260(a) ............... § 401.260(a) ............... § 401.260(a) ............... Reason for no cost Updates statutory references and makes minor wording changes to improve clarity and readability. Modifies to include more up-to-date terms and methods of copying documents. Minor wording changes, replaces the word ‘‘Commandant’’ with ‘‘Director’’. Removes the word ‘‘license’’ .......................... Clarifies reporting requirements also apply to Pilots on a Limited or Temporary Registration and other minor wording changes. Reformats report contents from a paragraph to a numbered list. Modifies 401.260(a) to add clarity regarding the existing practice of receiving marine accident reports. It outlines that a written report is required when a marine incident occurs while an Apprentice Pilot, Apprentice Pilot with Limited Registration, United States Registered Pilot, or Temporary Registered Pilot is providing pilotage services. § 401.260(a)(7) ........... Adds requirement for Pilots to share the results of post-casualty drug and alcohol tests in the notice to the Director. § 401.420(c) ................ Minor wording changes, clarifies that the vessel Master determines weather delays. Removes provisions governing Canadian approval of double pilotage. § 401.425 .................... § 401.425 .................... § 401.431(a) ............... ddrumheller on DSK120RN23PROD with RULES4 Description of change Removes the undesignated waters of Lake Erie from the Southeast Shoal to Colborne restrictions and states that the Director will evaluate dual pilotage on a case-by-case basis. Establishes a 60-business-day billing dispute deadline, minor wording changes. § 401.431(d) ............... Minor wording changes to clarify that the pilot association is the respondent, and they have 20-business days to defend disputed charges starting from when they receive the notice of appeal. Previous text listed 20 days without specifying business days or when those days would begin counting. No previous dispute exceeded 20 days. § 401.431(e) ............... Minor wording changes to clarify that the Director responds with an advisory opinion within 30 working days. Previous text did not specify a specific number of days. § 401.431(h) ............... Creates new paragraph (h) that codifies the existing practice of pilot associations appealing the advisory opinion made by the Director. The regulatory text specifies that the associations may do so within 10 days of receiving the opinion. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00019 Benefits This is an administrative change removing outdated references. Improves clarity of the CFR. This is an administrative change necessary to make text consistent with new definitions added in other sections. This is an administrative change ................... Increased clarity as ‘‘Photostat’’ is not a common term. This is an administrative change that does not change the requirement to have an MMC. This is an administrative change necessary to make text consistent with new definitions added in other sections. This is an administrative change reflecting organization of text. This practice predates any 2018 guidance. The Director’s office already receives these reports and does not expect the trend in reports received to change as a byproduct of this rulemaking. The submission requirement for these reports is found in § 401.260 and originated in 31 FR 9065.16 Therefore, it is a no-cost change in both our Pre-Guidance baseline (2018– 2032) and our No Action baseline (2023– 2032). This does not change the requirement for testing governed by 46 CFR 4.06–3. Rather, § 401.260(a)(7) details what information must also be shared with the Director if a reportable casualty affects pilotage. This is an administrative change since this is already industry practice. This is an administrative change since the Director does not have to confer with the Canadians to approve pilotage and has not had to. The reference to Canada was erroneous. This change updates text, as the Director can already require double pilotage as the situation dictates. The regulatory text was outdated, and double pilotage is allowed in this area when needed. There has only been one instance of a dispute longer than 60 days. We do not expect any further impacts. This process predates the 2018 guidance. The ability to appeal (§ 401.431(d)) was initially added to the CFR via 29 FR 10467 (July 28, 1964).17 No changes to this behavior occurred over 2018–2022. The Coast Guard does not expect wording changes in this rulemaking to alter behavior from the pilot association. Therefore, it is a no-cost change in both our Pre-Guidance baseline (2018–2032) and our No Action baseline (2023–2032). No cost. This process predates 2018 guidance. Section 401.431(e) was initially added to the CFR via 29 FR 10467 (July 28, 1964).18 No changes to this behavior occurred from 2018–2022. The Coast Guard does not expect wording changes in this rulemaking to alter the Director’s behavior in responding with advisory opinions. The text simply clarifies a longstanding practice. This process predates any 2018 guidance. This paragraph is codifying this long-standing practice performed by the pilot associations. Neither the 2018 guidance nor this rulemaking substantively modifies this pilot association practice. Therefore, it is a no-cost change in both our Pre-Guidance baseline (2018–2032) and our No Action baseline (2023–2032). Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM Improves clarity by better matching the language used by industry. Improves clarity and eliminates confusion as to what ‘‘license’’ refers to. Creates clarity by making requirements clear and consistent with new terms. Improves clarity by making the list of requirements more legible. Improves clarity on the format of the submission and when the marine accident report is required. Improves clarity by making requirements easier to find in an explicit list. Further clarifies who determines whether an interruption is caused by weather. Adds additional clarity, as the Director approves double pilotage for the United States Pilots but has no jurisdiction over Canadian Pilots. Canadian Pilots base their decisions on different criteria, though both countries may notify each other of their decision to approve double pilotage to assist in pilotage assignments. Improves clarity by removing outdated language. Improves clarity and reduces the likelihood of a dispute occurring after the books have been closed. Improves clarity on who is considered the respondent and the exact timeline for any pilot association wishing to defend disputed charges. Improves clarity for pilot associations submitting charge disputes as to when an advisory opinion can be expected from the Director. Improves clarity by codifying the existing ability for pilot associations to appeal the advisory opinion made by the Director. The practice itself is not new and is a longstanding practice. 17SER4 76330 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations TABLE 4—SUMMARY OF NO-COST CHANGES—Continued CFR section Description of change § 401.450(b) ............... Removes the effective date for the establishment of the pilot change point at Iroquois Lock. Replaces Gros Cap with Buoy 33, St. Marys River, Point Iroquois. This is an administrative change since the date has passed. Improves clarity, as the text is outdated from when change point was first introduced. This moves the change point to a more convenient location; it does not change the number of change points. § 401.450(k) ................ § 401.510(b)(3)–(7) ..... Replaces Gros Cap with Buoy 33 .................. Deletes outdated text ..................................... § 401.710(b) ............... Updates MOU reference and date ................. § 402.220(a) ............... Adds discretion for the Director or association to require additional round trips in a particular area as part of meeting the overall minimum number of round trips requirement.. § 402.220(a)(5) ........... Removes section describing requirement for training in foreign languages. § 402.220(a)(7) ........... Updates MOU reference ................................ § 402.220(a)(10) ......... Removes paragraph ....................................... § 402.320(a) ............... Removes reference to each working rule individually and instead makes all rules available electronically by email request. See above ...................................................... This is an administrative change removing outdated references that refer to old systems of communication in paragraph (b)(3) and references to when the Coast Guard was part of the Department of the Treasury in paragraphs (b)(4)–(7). This is an administrative change removing outdated references. This codifies an existing practice that does not change the total number of trips to meet the minimum but may change where those trips occur to ensure that the experience in training is representative of future operations. This is an administrative change removing outdated references as these courses are no longer required under the Standards of Training, Certification, and Watchkeeping (STCW). This is an administrative change removing outdated references. This is an administrative change removing outdated references. This is an administrative change, as the same information remains available. The Coast Guard has never received a request for a paper copy of a working rule. Makes text consistent with change points currently used. This change point is a new location in the river, closer to the locks and a safer location to transfer Pilots on and off the pilot boat. Gros Cap was too far out in the bay (about 2 nautical miles), and the transfers were affected by the weather and transit time. See above. Improves clarity of the CFR by removing outdated text. § 401.450(i) ................. The information collections in this final rule are actions that the affected population of Pilots and pilot associations have already complied with in prior years. Prior to this rulemaking, the Coast Guard had not codified the Reason for no cost burden for these collections into the information collection request for the Great Lakes Pilotage Rate Methodology (OMB Control Number 1625–0086).19 We present details on past reporting and estimated future regulatory costs to Benefits Improves clarity of the CFR. Improves clarity of the CFR. Improves clarity of the CFR. Improves clarity of the CFR. Improves clarity of the CFR. Improves clarity and electronic access of information by the public and eliminates the need to provide a technical amendment whenever the date of a working rule changes. industry in table 5, broken down by each of the two baselines. Table 5 also details relevant regulatory costs that concurrently act as information collection costs. TABLE 5—SUMMARY OF COSTS BY BASELINE [2022 Dollars, discounted at 7%] CFR section ddrumheller on DSK120RN23PROD with RULES4 Definitions: § 401.110. Creates a definition for ‘‘individual training plan.’’ Prior to 2018, associations used the same template plan for the entire district, rather than individualizing plans. 16 To access 31 FR 9065, please see https:// archives.federalregister.gov/issue_slice/1966/7/1/ 9063-9067.pdf. Note that while the requirement is not new, a definition for ‘‘marine accident’’ is made for § 401.110 in this rule. 17 § 401.431(d) was initially added to the CFR via 29 FR 10467 (July 28, 1964). To read the referenced final rule, see https://archives.federalregister.gov/ issue_slice/1964/7/28/10461-10468.pdf#page=7. VerDate Sep<11>2014 Pre-Guidance baseline (2018–2032) No action baseline (2023–2032) The Coast Guard began receiving individualized training plans in 2018. Beginning in 2018, individualized training plans took 2 hours to prepare. This hour burden per training plan is expected to remain consistent (2 hours) across 2018–2032. Total Cost to Industry 2018–2032: $10,015.59 Annualized Cost: $784.04 .................................. No cost. No expected changes in cost from this rule when compared with cost of informal guidance issued in 2018. Our No Action baseline excludes any costs directly attributed to the guidance. Description of change 18:44 Sep 16, 2024 Jkt 262001 For more information on the history of how the requirement was redesignated and amended through the years, see https://www.ecfr.gov/current/ title-46/chapter-III/part-401/subpart-D/section401.431. 18 § 401.431(e) was initially added to the CFR via 29 FR 10467 (July 28, 1964). To read the referenced final rule, see https://archives.federalregister.gov/ issue_slice/1964/7/28/10461-10468.pdf#page=7. PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 For more information on the history of how the requirement was redesignated and amended through the years, see https://www.ecfr.gov/current/ title-46/chapter-III/part-401/subpart-D/section401.431. 19 To access the Great Lakes pilotage Rate Methodology ICR, please see www.reginfo.gov/ public/do/PRAViewICR?ref_nbr=201709-1625-004. E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76331 TABLE 5—SUMMARY OF COSTS BY BASELINE—Continued [2022 Dollars, discounted at 7%] CFR section Description of change Pre-Guidance baseline (2018–2032) § 401.211(g) ... Adds new paragraph that codifies existing practice of requiring the Director to approve Apprentice Pilots individual training plans. No cost. No expected changes in cost stemming from this rule when compared with informal guidance issued in 2018. Our No Action baseline excludes any costs directly attributed to the guidance. Definitions: § 401.110. Adds definition for ‘‘Temporary Registered Pilot’’. § 401.211(h) ... Adds a new section that codifies existing practice of requiring Apprentice Pilots to have a Semi-annual Performance Evaluation Report. § 401.230(d) and § 401.240(a). Adds additional text to clarify the nature of photographs submitted to the Coast Guard. Provides clarity by using common language for ‘‘passport style’’ photographs that is more easily understood. The Coast Guard requires a signed photograph inserted into Certificates of Registration, as the photograph with the signature is used in making certificates. In some cases, the photograph submitted is too far away from the face of the subject, and to capture the signature a portion of the person may be cut off. This change eliminates these issues and needing new photographs to be submitted. Removes paragraph (d), which required submission of monthly availability reports. The Coast Guard began requiring the Director approve these individual training plans in 2018 (same year the agency began receiving the individualized training plans). Beginning in 2018, we assume that it takes the Director 30 minutes to review. This hour burden per training plan is expected to remain consistent (0.5 hours) across 2018–2032. Total Cost to Government 2018–2032: $3,899.46. Annualized Cost: $305.26 .................................. 2018–2022: In the 2023 annual ratemaking, the Coast Guard utilized the definition of Temporary Registered Pilot to reduce the number of Temporary Registered Pilots projected. 2023–2032: Any further impacts will be realized through a ratemaking. This requirement began via informal guidance in 2018. An average of 5 Apprentice Pilots annually submit 18 reports on average. Submissions require 6 hours per report. A review of these reports at the Director’s office takes 20 minutes (0.33 hours) per report. These hourly burdens remain unchanged across 2018–2032. Total Cost to Industry 2018–2032: $99,875.41 Annualized Cost: $7,818.45 ............................... Total Cost to Government 2018–2032: $8,641.19. Annualized Cost: $1,053.61 ............................... 2018–2022: Applicants have been asked to resubmit photographs only a handful of times since 2018. 2023–2032: No cost. Potential for cost savings if the number of photographs retaken is reduced. This cost saving could not be quantified given the limited number of times a cost has been incurred to retake photographs and that cost was never quantified. 2018–2022: No cost savings. This process predates 2018 guidance and has not changed in scope during 2018–2022, due to guidance. The requirement to provide these originates in 31 FR 9065 (July 1, 1966).20 From 2018– 2022, associations kept record of approximately 672 monthly availability reports each year during the 10 months between when the locks are opened and closed, for each Pilot and Apprentice Pilot on roster. 2023–2032: If Coast Guard continued to require these reports, we expect to receive 650 annually. It is estimated that each monthly report takes 2.5 hours to submit. Removing this required submission results in cost savings over 2023–2032. Total Cost Savings to Industry (2018–2032): $(835,065.99). Annualized Cost Savings: $(65,370.68) ............. Cost savings over 2023–2032 are attributed only to this rulemaking and are not a byproduct of any guidance over the 2018–2022 timeframe. Therefore, our cost savings in the No Action baseline equate to those in our Pre-Guidance baseline. Removing the submission requirement results in cost savings over the No Action baseline period of analysis (2023–2032). Total Cost Savings to Industry (2023–2032): $(835,065.99). Annualized Cost Savings: $(118,894.61). ddrumheller on DSK120RN23PROD with RULES4 § 401.260 ........ VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 No action baseline (2023–2032) Any further impacts will be realized through a ratemaking. No cost. No expected changes in cost stemming from this rule when compared with informal guidance issued in 2018. Our No Action baseline excludes any costs directly attributed to the guidance. No additional cost stemming from rulemaking. Potential for cost savings if the number of photographs retaken is reduced. This cost saving could not be quantified, given the limited number of times a cost has been incurred to retake photographs, and the absence of public input on the matter. That cost was never quantified. E:\FR\FM\17SER4.SGM 17SER4 76332 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations TABLE 5—SUMMARY OF COSTS BY BASELINE—Continued ddrumheller on DSK120RN23PROD with RULES4 [2022 Dollars, discounted at 7%] CFR section Description of change Pre-Guidance baseline (2018–2032) No action baseline (2023–2032) § 401.431(b) ... Changes ‘‘in writing’’ to ‘‘official correspondence’’, and adds requirements for what information must be in the appeal, rather than Coast Guard receiving disputes in varying formats. Costs over 2023–2032 are attributed only to this rulemaking and are not a byproduct of any guidance over the 2018–2022 timeframe. Therefore, our cost savings in the No Action baseline equate to those in our Pre-Guidance baseline. The changes result in costs over our No Action baseline period of analysis (2023–2032). Total Cost to Industry 2023–2032: $256.94. Annualized Cost: $36.58. § 402.210(a) ... Adds Apprentice Pilots and Temporary Registered Pilots. Adds citation to current CFR requirements for all Pilots to pass a physical examination. Given this edition, it equates to more than an editorial change. § 402.210(b) ... § 402.210(c) ... Removes paragraph ........................................... Removes paragraph ........................................... 2018–2022: No cost. The appeal process did not originate from 2018 guidance. The ability to appeal (§ 401.431(b)) was initially added to the CFR via 29 FR 10467 (July 28, 1964).21 2018 guidance did not alter any aspect of this existing requirement. 2023–2032: With the changes, the Coast Guard estimates that forthcoming submissions will take 1 hour each, an additional 30 minutes per report. To avoid double counting an existing regulatory cost associated with these reports, the ‘‘Pre-Guidance’’ baseline uses 0.5 hours for the time burden. The Coast Guard estimates receiving one of these reports annually over 2023–2032. Total Cost to Industry 2018–2032: $256.94 Annualized Cost: $20.11 .................................... This requirement began via informal guidance in 2018. This change impacts mariners who submit Apprentice Pilot applications to the Director. From 2018–2022, the Coast Guard received an average of 15 such applications annually. Each medical certificate takes about 18 minutes (0.3 hours) to draft and submit. The Coast Guard expects no change in behavior or burden over 2023–2032 because of this rulemaking. Total Cost to Industry 2018–2032: $4,162.92 Annualized Cost: $325.88 .................................. Cost included in change to § 402.210(a) ........... Cost included in change to § 402.210(a) ........... No cost. No expected changes in cost stemming from this rule when compared with informal guidance issued in 2018. Our No Action baseline excludes any costs directly attributed to the guidance. No cost. No cost. Costs: Pre-Guidance Baseline This section outlines regulatory costs in accordance with the Pre-Guidance baseline. Therefore, costs from 2018– 2022 stemming from the 2018 guidance are included, as applicable. The Coast Guard estimates that the cost over the 2018–2022 period is zero in cases where the rulemaking is (1) instituting a brandnew requirement; (2) making a substantive change to an industry practice that predates 2018; or (3) making a substantive change to an existing regulatory requirement that predates 2018. This is to avoid including new costs in 2018–2022 that are not attributable to guidance and, therefore, out of scope for this portion of the Pre-Guidance baseline’s timeframe. The Coast Guard estimates costs specifically stemming from this rulemaking in the 2023–2032 portion of the Pre-Guidance period of analysis. The overall period of analysis for the Pre-Guidance timeframe is 2018–2032. Individual Training Plans for Apprentice Pilots One addition to the Definitions portion of § 401.110 is the creation of a definition for ‘‘individual training plan.’’ Moreover, the creation of paragraph (g) in § 401.211 codifies the existing requirement for individual training plans to be submitted to the Coast Guard for each Apprentice Pilot. The Coast Guard has been receiving individualized plans since 2018 but did not previously specify in the regulatory text that plans must be individualized. Mentor Pilots generate these plans and summarize the training that Apprentice Pilots undergo to ensure that they are gaining experience in all relevant transit areas. This ensures that they are qualified for Full Registration at the end of their training. From 2018 to 2022, the Coast Guard received an average of 5 individual training plans annually, as shown in table 6. The Coast Guard estimates that it took 2 hours to generate and submit these plans during 2018– 2022. The loaded wage of Pilot submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.22 Going forward, the Coast Guard expects to receive six plans annually, one for each of the Apprentice Pilots authorized in the 2023 annual ratemaking (88 FR 12226, Feb. 27, 2023).23 Given that the Coast Guard is simply codifying this requirement, these individualized plans will still each take 2 hours to generate and submit from 2023–2032. With six submissions annually, the Coast Guard estimates the annual cost of requiring individual training plans for Apprentice Pilots over 2023–2032 to be $877.99 (6 submissions × 2 hours × $73.17). For the PreGuidance period of analysis (2018– 2032), we estimate the grand total cost to be $10,015.59, discounted to 7 percent, and $784.04 annualized, as summarized in table 6. 20 To access 31 FR 9065, please see https:// archives.federalregister.gov/issue_slice/1966/7/1/ 9063-9067.pdf. 21 § 401.431(b) was initially added to the CFR via 29 FR 10467 (July 28, 1964). To read the referenced final rule, see https://archives.federalregister.gov/ issue_slice/1964/7/28/10461-10468.pdf#page=7. 22 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. 23 https://www.federalregister.gov/documents/ 2023/02/27/2023-03212/great-lakes-pilotage-rates2023-annual-ratemaking-and-review-ofmethodology. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76333 TABLE 6—COST OF SUBMITTING INDIVIDUAL TRAINING PLANS FOR APPRENTICE PILOTS [Pre-Guidance; 2022 dollars] Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Plans Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 4 5 5 3 6 6 6 6 6 6 6 6 6 6 6 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 $73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 $585.33 731.66 731.66 439.00 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 $767.24 896.31 837.68 469.73 877.99 820.55 766.87 716.70 669.82 626.00 585.04 546.77 511.00 477.57 446.33 $658.79 799.50 776.22 452.17 877.99 852.42 827.59 803.49 780.08 757.36 735.30 713.89 693.09 672.91 653.31 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 12,145.54 ............................ 10,015.59 784.04 11,054.11 798.75 * Note: Components may not add to the totals due to rounding. The Coast Guard estimates that it takes 30 minutes (0.5 hours) for the Director’s office to review these plans. This estimate remains consistent across 2018–2022 and 2023–2032. With 6 submissions annually, using a loaded wage of $113.95 for a GS–14 ingovernment worker,24 the Coast Guard estimates the annual cost to Government of reviewing individual training plans for Apprentice Pilots over 2023–2032 to be $341.84 (6 submissions × 0.5 hours × $113.95). For the Pre-Guidance period of analysis (2018–2032), we estimate the grand total cost to be $3,899.46, discounted to 7-percent, and $305.26 annualized, as summarized in table 7. TABLE 7—COST TO GOVERNMENT OF REVIEWING INDIVIDUAL TRAINING PLANS FOR APPRENTICE PILOTS [Pre-Guidance; 2022 dollars] Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Plans Total Pre-Guidance hours Wage of reviewer Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 4 5 5 3 6 6 6 6 6 6 6 6 6 6 6 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 $113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 $227.89 284.86 284.86 170.92 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 $298.72 348.97 326.14 182.88 341.84 319.47 298.57 279.04 260.79 243.72 227.78 212.88 198.95 185.94 173.77 $256.49 311.28 302.21 176.05 341.84 331.88 322.21 312.83 303.72 294.87 286.28 277.94 269.85 261.99 254.36 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 4,728.73 ............................ 3,899.46 305.26 4,303.79 407.61 ddrumheller on DSK120RN23PROD with RULES4 * Note: Components may not add to the totals due to rounding. 24 The loaded wage of $113.95 (rounded) comes from the base hourly wage of $68.55 for a GS–14 Step 5 from the DC region, multiplied by a load factor of 1.66, per https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salary- VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total hourly compensation for workers with master’s degrees as shown in table 3, $74.80, by the average hourly wage for workers with master’s degrees as shown in table 1, or PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 $45.00. $74.80 ÷ $45.00 = 1.6622. See ‘‘Comparing the Compensation of Federal and Private Sector Employees, 2011–2015,’’ https://www.cbo.gov/ system/files/115th-congress-2017-2018/reports/ 52637-federalprivatepay.pdf. E:\FR\FM\17SER4.SGM 17SER4 76334 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Semi-Annual Performance Evaluation Reports for Apprentice Pilots The creation of paragraph (h) in § 401.211 requires associations to submit Semi-annual Performance Evaluation Reports to the Director for Apprentice Pilots. The Coast Guard assumes that mentor Pilots generate these evaluation reports, which summarize the Apprentice Pilot’s training progress twice a year. These reports allow the Director and the associations to make informed decisions on Apprentice Pilot progress to better tailor what training is needed for an Apprentice Pilot to successfully complete training to become a United States Registered Pilot. Based on information from a U.S. Coast Guard subject matter expert (SME), this industry practice began in 2018. The Coast Guard estimates that it takes 6 hours to generate and submit these reports. The loaded wage of Pilot submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.25 From 2018 to 2022, the Coast Guard received an average of 18 reports annually, which is greater than the 12 reports the Coast Guard expected for 6 Apprentice Pilots, assuming 2 reports submitted annually. Where the Coast Guard initially received more reports than the number of active Apprentice Pilots, some reports were backdated for mariners who had already completed Apprentice training and had become Pilots. To be conservative, the Coast Guard uses the higher average of 18 to estimate ongoing costs. The Coast Guard estimates the annual cost of requiring individual training plans for Apprentice Pilots over 2023–2032 to be $7,901.92 (18 submissions × 6 hours × $73.17).26 For the Pre-Guidance period of analysis (2018–2032), we estimate the grand total cost to be $99,875.41, discounted to 7 percent, and $7,818.45 annualized, as summarized in table 8. TABLE 8—COST OF SUBMITTING SEMI-ANNUAL PERFORMANCE REPORTS FOR APPRENTICES [Pre-Guidance; 2022 dollars] Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Reports Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 20 18 22 9 18 18 18 18 18 18 18 18 18 18 18 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 $73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 $8,779.91 7,901.92 9,657.90 3,950.96 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 $11,508.67 9,680.19 11,057.33 4,227.53 7,901.92 7,384.97 6,901.84 6,450.32 6,028.34 5,633.96 5,265.38 4,920.92 4,598.99 4,298.12 4,016.93 $9,881.87 8,634.64 10,246.07 4,069.49 7,901.92 7,671.77 7,448.32 7,231.38 7,020.75 6,816.26 6,617.73 6,424.98 6,237.85 6,056.16 5,879.77 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 117,211.79 ............................ 99,875.41 7,818.45 108,138.95 7,813.88 ddrumheller on DSK120RN23PROD with RULES4 * Note: Components may not add to the totals due to rounding. The Coast Guard estimates that it takes 20 minutes (0.33 hours) for the Director’s office to review these reports, using a loaded wage of $113.95 for a GS–14 in-government worker.27 Using the same metric of 18 submissions annually, the Coast Guard estimates the annual cost to Government of reviewing individual training plans for Apprentice Pilots over 2023–2032 to be $683.67. For the Pre-Guidance period of analysis (2018–2032), we estimate the grand total cost to be $8,641.19, discounted to 7 percent, and $1,053.61 annualized, as summarized in table 9. 25 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. 26 The 6 hours to submit includes some time assumed for back-and-forth review between the Apprentice Pilot and the approving manager. 27 The loaded wage of $113.95 (rounded) comes from the base hourly wage of $68.55 for a GS–14 Step 5 from the DC region multiplied by a load factor of 1.66, per https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salary- tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total hourly compensation for workers with master’s degrees as shown in table 3, $74.80, by the average hourly wage for workers with master’s degrees as shown in table 1, or $45.00. $74.80 ÷ $45.00 = 1.6622. See ‘‘Comparing the Compensation of Federal and Private Sector Employees, 2011–2015,’’ https://www.cbo.gov/ system/files/115th-congress-2017-2018/reports/ 52637-federalprivatepay.pdf. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76335 TABLE 9—COST TO GOVERNMENT OF REVIEWING SEMI-ANNUAL PERFORMANCE REPORTS FOR APPRENTICES [Pre-Guidance; 2022 dollars] Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Reports Total Pre-Guidance hours Wage of reviewer Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 20 18 22 9 18 18 18 18 18 18 18 18 18 18 18 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.33 $113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 113.95 $759.64 683.67 835.60 341.84 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 $995.73 837.53 956.68 365.76 683.67 638.95 597.15 558.08 521.57 487.45 455.56 425.76 397.90 371.87 347.54 $854.98 747.07 886.49 352.09 683.67 663.76 644.43 625.66 607.43 589.74 572.56 555.89 539.70 523.98 508.72 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 10,141.13 ............................ 8,641.19 1,053.61 9,356.15 676.06 * Note: Components may not add to the totals due to rounding. Removing Monthly Availability Reports This rule removes the requirement in § 401.260 that Pilots and Apprentice Pilots submit monthly availability reports. Often, these availability reports do not communicate meaningful information, because in practice, Pilots are listed as always available if they could be called in. Therefore, the Coast Guard no longer sees a benefit in requiring these reports. Based on information from a Coast Guard SME, these monthly reports have been submitted by industry since the mid1960’s.28 To capture the recent burden these reports have had on industry, the Coast Guard has chosen to use data from 2018–2022. From 2018 to 2022, the Coast Guard received an average of 672 monthly availability reports. Each report takes an estimated 2.5 hours to submit. Given that this practice did not begin in 2018 and is not a cost attributable to guidance, the Coast Guard has zeroed out the hours from 2018 to 2022. If the Coast Guard continued to require these reports, we could expect to receive 650 annually, 1 report for each of the 6 Apprentice Pilots, 56 Pilots, and 3 Temporary Registered Pilots for the 10 months between when the locks are opened and closed (650 reports = (6 + 56 + 3) × 10 months). The loaded wage of Pilot submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.29 Continuing to require these reports would result in an hour burden of 2.5 hours per submission. Entirely removing this regulatory requirement acts as a marginal decrease in burden of 2.5 hours per submission. Since this marginal change in hour burden is based on a change to existing regulatory text, rather than codifying or modifying industry practice stemming from 2018 guidance, our annual Pre-Guidance reduction in hourly burden in 2023– 2032 is equal to that of our annual No Baseline hourly burden (2.5 hours). For the Pre-Guidance period of analysis (2018–2032), we estimate the total net cost savings to be $(835,065.99) discounted to 7 percent and $(65,370.68) annualized, as summarized in table 10. TABLE 10—COST OF SUBMITTING MONTHLY AVAILABILITY REPORTS [Pre-Guidance; 2022 dollars] ddrumheller on DSK120RN23PROD with RULES4 Year 2018 2019 2020 2021 2022 2023 Reports Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 670 620 720 630 720 650 28 § 401.260(c) that deals with monthly availability reports was initially added to the CFR via 31 FR 9065 (July 1, 1966). To read the referenced final rule, see https:// archives.federalregister.gov/issue_slice/1966/7/1/ 9063-9067.pdf#page=3. For more information on the history of how the requirement was VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 *0 *0 *0 *0 *0 2.5 $73.17 73.17 73.17 73.17 73.17 73.17 redesignated and amended through the years, see https://www.ecfr.gov/current/title-46/chapter-III/ part-401/subpart-B/section-401.260. 29 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 $0.00 0.00 0.00 0.00 0.00 (118,894.61) 7% $0.00 0.00 0.00 0.00 0.00 (111,116.46) 3% $0.00 0.00 0.00 0.00 0.00 (115,431.66) hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. E:\FR\FM\17SER4.SGM 17SER4 76336 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations TABLE 10—COST OF SUBMITTING MONTHLY AVAILABILITY REPORTS—Continued [Pre-Guidance; 2022 dollars] Year 2024 2025 2026 2027 2028 2029 2030 2031 2032 Reports Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 650 650 650 650 650 650 650 650 650 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (103,847.16) (97,053.42) (90,704.13) (84,770.21) (79,224.50) (74,041.59) (69,197.75) (64,670.79) (60,439.99) (112,069.57) (108,805.41) (105,636.32) (102,559.54) (99,572.36) (96,672.20) (93,856.50) (91,122.82) (88,468.76) Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ (1,188,946.11) ............................ (835,065.99) (65,370.68) (1,014,195.15) (73,283.50) * Note: Components may not add to the totals due to rounding. Cited hours with ‘‘*’’ indicate that this practice did not begin with the onset of guidance in 2018. To avoid inappropriately categorizing this as a new cost attributable to 2018 guidance, the Coast Guard has opted to zero out hours in applicable cases. Disputes Under § 401.431(b), the Coast Guard changes ‘‘in writing’’ to ‘‘official correspondence’’ and specifies that the letter expressing the dispute must include the vessel name, date of service, and reference number for the invoice/ bill, the exact amount of dispute, regulatory citation for dispute, and the requested resolution. Per a Coast Guard SME, disputes have been submitted since the mid-1960’s in accordance with § 401.431.30 However, the Coast Guard previously received these disputes in varying formats. From 2018 to 2022, the Coast Guard received 6 unique disputes (some including multiple charges). Note that no unique disputes were submitted from 2019 to 2022. According to a Coast Guard SME, the agency expects one trip charge dispute submission per year starting in 2023. The loaded wage of Pilot submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.31 During 2018–2022, each dispute required 30 minutes to submit. However, given that this practice began prior to 2018 and is, therefore, not a cost attributable to guidance, the Coast Guard has zeroed out the hours from 2018 to 2022. With the changes, the Coast Guard estimates that future submissions will take 1 hour each, an additional 30 minutes per report. Since this marginal change in hour burden is based in a change to existing regulatory text rather than codifying or modifying industry practice stemming from 2018 guidance, our annual Pre-Guidance hourly burden in 2023–2032 is equal to that of our annual No Baseline hourly burden (0.5 hours). For the PreGuidance period of analysis (2018– 2032), we estimate the grand total cost to be $256.94, discounted to 7-percent, and $20.11 annualized, as summarized in table 11. TABLE 11—COST OF SUBMITTING TRIP CHARGE DISPUTES [Pre-Guidance; 2022 dollars] ddrumheller on DSK120RN23PROD with RULES4 Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Submissions Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 6 0 0 0 0 1 1 1 1 1 1 1 1 30 § 401.431 was initially added to the CFR via 29 FR 10467 (July 28, 1964). To read the referenced final rule, see https://archives.federalregister.gov/ issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the requirement was redesignated and amended through the years, see https://www.ecfr.gov/current/ VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 *0 *0 *0 *0 *0 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 $73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 title-46/chapter-III/part-401/subpart-D/section401.431. 31 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total hourly compensation for Transportation and PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 0.00 0.00 0.00 0.00 0.00 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 7% 3% 0.00 0.00 0.00 0.00 0.00 34.19 31.95 29.86 27.91 26.08 24.38 22.78 21.29 0.00 0.00 0.00 0.00 0.00 35.52 34.48 33.48 32.50 31.56 30.64 29.75 28.88 Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76337 TABLE 11—COST OF SUBMITTING TRIP CHARGE DISPUTES—Continued [Pre-Guidance; 2022 dollars] Year Submissions Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% 2031 ..................................................... 2032 ..................................................... 1 1 0.5 0.5 73.17 73.17 36.58 36.58 19.90 18.60 28.04 27.22 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 365.83 ............................ 256.94 20.11 312.06 22.55 * Note: Numbers may not sum due to rounding. Cited hours with ‘‘*’’ emphasize that this practice did not begin with the onset of guidance in 2018. To avoid inappropriately categorizing this as a new cost attributable to 2018 guidance, the Coast Guard has opted to zero out hours in applicable cases. Submission of Medical Certificates Medical certificates are already required as part of an application for an MMC under 46 CFR part 10, subpart C, which is an existing requirement to apply to be an Apprentice Pilot as noted in §§ 401.110 and 401.210. The change in text clarifies that the requirement applies to Apprentice Pilots, which was not specified before. This change directly impacts mariners who submit Apprentice Pilot applications to the Director. On average, the Coast Guard receives 15 such applications annually. According to a Coast Guard SME, this practice began in 2018 through informal program guidance. This guidance was issued following a recommendation from the Great Lakes Pilotage Advisory Committee in 2018. The medical certificate portion of the application takes approximately 18 minutes to draft and submit, as detailed in the Information Collection Request, OMB Control Number 1625–0040, ‘‘Applications for Merchant Mariner Credentials and Medical Certificate.’’ Given this information collection both accounts for all medical certificates that have been received and periodically updated, this increase in medical certificates is already accounted for in 1625–0040. Therefore, this is a regulatory cost but not an information collection cost. The loaded wage of submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.32 For the Pre-Guidance period of analysis (2018–2032), we estimate the grand total cost to be $4,162.92, discounted to 7 percent, and $325.88 annualized, as summarized in table 12. TABLE 12—TOTAL COST OF MEDICAL CERTIFICATES FOR APPRENTICE PILOT APPLICATIONS [Pre-Guidance; 2022 dollars] Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Submissions Total Pre-Guidance hours Wage of submitter Pre-Guidance baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 17 15 11 15 15 15 15 15 15 15 15 15 15 15 15 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.3 $73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 $373.15 329.25 241.45 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 $489.12 403.34 276.43 352.29 329.25 307.71 287.58 268.76 251.18 234.75 219.39 205.04 191.62 179.09 167.37 $419.98 359.78 256.15 339.12 329.25 319.66 310.35 301.31 292.53 284.01 275.74 267.71 259.91 252.34 244.99 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 4,894.80 ............................ 4,162.92 325.88 4,512.82 326.09 ddrumheller on DSK120RN23PROD with RULES4 * Note: Components may not add to the totals due to rounding. Costs: No Action Baseline This section outlines regulatory costs relative to the No Action baseline 32 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 scenario. The No Action analysis period is 2023–2032. Our No Action baseline differs from the Pre-Guidance baseline in its exclusion of any costs that are not directly stemming from this rulemaking. In other words, the No Action baseline hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 76338 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations represents the current state of the world that exists solely under pre-existing regulatory text and prior guidance. This results in many items having non-zero costs in our Pre-Guidance baseline that are no-cost items in the No Action baseline. For example, the Coast Guard began receiving individualized training plans as a byproduct of informal guidance in 2018. While this rulemaking codifies this practice through an addition to 46 CFR 401.110, there is no additional regulatory burden that results from said codification. In other words, all applicable costs across 2018–2032 for individualized training plans can be attributed specifically to the 2018 guidance. Therefore, this is a no-cost provision in our No Action baseline. The following items had non-zero costs in our Pre-Guidance baseline but are no-cost provisions in the No Action Baseline: (1) Individual training plans for Apprentice Pilots (§§ 401.110 and 401.211(g)); (2) Semi-annual Performance Evaluation Report for Apprentice Pilots (§ 401.211(h)); and (3) Submission of Medical Certificates (§ 402.210(a)). These three line items all began as a byproduct of informal guidance from 2018 and have no alteration in burden stemming from this rulemaking that differs from that guidance. See table 5 (the ‘‘No Action Baseline (2023–2032)’’ column) for more context on each of these items. The following items have non-zero costs in our No Action Baseline: (1) Removing monthly availability reports (§ 401.260) and (2) Submitting Trip Charge Disputes (§ 401.431(b)). Both items have associated costs or cost savings that stem directly from changes made from this rulemaking and are discussed in detail as follows. Removing Monthly Availability Reports This final rule removes the requirement in § 401.260 that Pilots and Apprentice Pilots submit monthly availability reports. Often these availability reports do not communicate meaningful information because, in practice, Pilots are listed as always available if they could be called in. Therefore, the Coast Guard no longer sees a benefit in requiring these reports. Based on information from a Coast Guard SME, these monthly reports have been submitted by industry since the mid-1960’s.33 If the Coast Guard continued to require these reports, we could expect to receive 650 annually, one report for each of the 6 Apprentice Pilots, 56 Pilots, and 3 Temporary Registered Pilots for the 10 months between when the locks are opened and closed (650 reports = (6 + 56 + 3) × 10 months). Continuing to require these reports would result in an hour burden of 2.5 hours per submission. By entirely removing this regulatory requirement through this rulemaking, this acts as a marginal decrease in burden of 2.5 hours per submission. The loaded wage of submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.34 For the No Action period of analysis (2023–2032), we estimate the total net cost savings to be $(835,065.99) discounted to 7 percent and $(118,894.61) annualized, as summarized in table 13. TABLE 13—COST OF SUBMITTING MONTHLY AVAILABILITY REPORTS [No Action Baseline; 2022 dollars] Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Reports Total No Action baseline hours Wage of submitter No Action baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 650 650 650 650 650 650 650 650 650 650 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 $73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 ($118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) ($111,116.46) (103,847.16) (97,053.42) (90,704.13) (84,770.21) (79,224.50) (74,041.59) (69,197.75) (64,670.79) (60,439.99) ($115,431.66) (112,069.57) (108,805.41) (105,636.32) (102,559.54) (99,572.36) (96,672.20) (93,856.50) (91,122.82) (88,468.76) Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ (1,188,946.11) ............................ (835,065.99) (118,894.61) (1,014,195.15) (118,894.61) * Note: Components may not add to the totals due to rounding. Submitting Trip Charge Disputes ddrumheller on DSK120RN23PROD with RULES4 Under § 401.431(b), with this final rule, the Coast Guard changes ‘‘in writing’’ to ‘‘official correspondence’’ and specifies that the letter expressing 33 § 401.260(c) that deals with monthly availability reports was initially added to the CFR via 31 FR 9065 (July 1, 1966). To read the referenced final rule, see https:// archives.federalregister.gov/issue_slice/1966/7/1/ 9063-9067.pdf#page=3. For more information on the history of how the requirement was redesignated and amended through the years, see https://www.ecfr.gov/current/title-46/chapter-III/ part-401/subpart-B/section-401.260. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 the dispute must include the vessel name, date of service, and reference number for the invoice/bill, the exact amount of dispute, regulatory citation for dispute, and the requested resolution. Per a Coast Guard SME, disputes have been submitted since the mid-1960’s, in accordance with § 401.431.35 However, the Coast Guard previously received these disputes in varying forms. According to a Coast Guard SME, the agency expects one trip 34 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. 35 § 401.431(b) was initially added to the CFR via 29 FR 10467 (July 28, 1964). To read the referenced final rule, see https://archives.federalregister.gov/ issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the requirement was redesignated and amended through the years, see https://www.ecfr.gov/current/ title-46/chapter-III/part-401/subpart-D/section401.431. PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations to the Coast Guard’s estimate for submission time associated with prior disputes that lack these new changes (30 minutes). The loaded wage of submitters is $73.17, from a base wage of $50.09 and a load factor of 1.46.36 For the No charge dispute submission per year starting in 2023. With the changes, the Coast Guard estimates that forthcoming submissions will take 1 hour each. This is an increase in 30 minutes when compared 76339 Action period of analysis (2023–2032), we estimate the grand total cost to be $256.94, discounted to 7 percent, and $36.58 annualized, as summarized in table 14. TABLE 14—COST OF SUBMITTING TRIP CHARGE DISPUTES [No Action; 2022 dollars] Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Submissions Total No Action baseline hours Wage of submitter No Action baseline cost [A] [B] [C] [D = A × B × C] 7% 3% ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... ..................................................... 1 1 1 1 1 1 1 1 1 1 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 $73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 73.17 $36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 $34.19 31.95 29.86 27.91 26.08 24.38 22.78 21.29 19.90 18.60 $35.52 34.48 33.48 32.50 31.56 30.64 29.75 28.88 28.04 27.22 Total .............................................. Annualized .................................... ........................ ........................ ........................ ........................ ........................ ........................ 365.83 ............................ 256.94 36.58 312.06 36.58 * Note: Components may not add to the totals due to rounding. Summary of Total Net Costs Action. Table 15 accounts for net private costs to industry and the associations for our Pre-Guidance baseline. For the Pre-Guidance period of analysis (2018–2032), we estimate the To foster transparency, the Coast Guard is summarizing total net costs by each baseline: Pre-Guidance and No net private cost to industry to be ($720,755.13) discounted to 7 percent, and ($56,422.19) annualized, as summarized in table 15. TABLE 15—NET PRIVATE COSTS TO INDUSTRY [Pre-Guidance; 2022 dollars] Year ddrumheller on DSK120RN23PROD with RULES4 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Individual training plans for apprentice pilots Semi-annual performance evaluation reports for apprentice pilots Removing monthly availability reports Disputes Submission of medical certificates Total net private costs [A] [B] [C] [D] [E] [F] = SUM(A:E)] 7% 3% .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. .............................................. $585.33 731.66 731.66 439.00 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 877.99 $8,779.91 7,901.92 9,657.90 3,950.96 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 7,901.92 $0.00 0.00 0.00 0.00 0.00 (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) $0.00 0.00 0.00 0.00 0.00 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 $373.15 329.25 241.45 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 329.25 $9,738.38 8,962.82 10,631.01 4,719.20 9,109.16 (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) $12,765.03 10,979.85 12,171.44 5,049.55 9,109.16 (102,569.04) (95,858.91) (89,587.77) (83,726.89) (78,249.43) (73,130.31) (68,346.08) (63,874.84) (59,696.11) (55,790.76) $10,960.64 9,793.92 11,278.44 4,860.78 9,109.16 (106,552.30) (103,448.84) (100,435.76) (97,510.45) (94,670.34) (91,912.95) (89,235.88) (86,636.77) (84,113.37) (81,663.47) Total ....................................... Annualized ............................. .................... .................... .................... .................... ........................ ........................ .................... .................... .................... .................... (1,054,328.14) ............................ (720,755.13) (56,422.19) (890,177.21) (64,322.24) * Note: Components may not add to the totals due to rounding. 36 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. E:\FR\FM\17SER4.SGM 17SER4 76340 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Table 16 accounts for net costs to Government for our Pre-Guidance baseline. For the Pre-Guidance period of analysis (2018–2032), we estimate the net cost to Government to be $12,540.65, discounted to 7 percent, and $981.71 annualized. TABLE 16—NET COSTS TO GOVERNMENT [Pre-Guidance; 2022 dollars] Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Individual training plans for apprentice pilots Semi-annual performance evaluation reports for apprentice pilots Total net government cost [A] [B] [C = A + B] 7% 3% ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. $227.89 284.86 284.86 170.92 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 341.84 $759.64 683.67 835.60 341.84 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 683.67 $987.53 968.54 1,120.46 512.75 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 $1,294.45 1,186.50 1,282.82 548.65 1,025.51 958.42 895.72 837.12 782.36 731.17 683.34 638.63 596.85 557.81 521.32 $1,111.47 1,058.34 1,188.70 528.14 1,025.51 995.64 966.64 938.49 911.15 884.61 858.85 833.83 809.55 785.97 763.07 Total .......................................................................... Annualized ................................................................ ........................ ........................ ........................ ........................ 14,869.87 ............................ 12,540.65 981.71 13,659.95 987.04 * Note: Components may not add to the totals due to rounding. By aggregating values from table 15 and table 16, the Coast Guard estimates the total net costs associated with our Pre-Guidance baseline. For the PreGuidance period of analysis (2018– 2032), we estimate the total net costs to be ($708,214.47), discounted to 7 percent, and ($55,440.48) annualized, as summarized in table 17. TABLE 17—TOTAL NET COSTS [Pre-Guidance; 2022 dollars] Year ddrumheller on DSK120RN23PROD with RULES4 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total net private costs Total net government costs Total net annual costs [A] [B] [C = A + B] 7% 3% ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... $9,738.38 8,962.82 10,631.01 4,719.20 9,109.16 (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) (109,748.87) $987.53 968.54 1,120.46 512.75 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 1,025.51 $10,725.91 9,931.36 11,751.47 5,231.96 10,134.66 (108,723.36) (108,723.36) (108,723.36) (108,723.36) (108,723.36) (108,723.36) (108,723.36) (108,723.36) (108,723.36) (108,723.36) $14,059.48 12,166.34 13,454.26 5,598.19 10,134.66 (101,610.62) (94,963.20) (88,750.65) (82,944.53) (77,518.26) (72,446.97) (67,707.45) (63,277.99) (59,138.31) (55,269.44) $12,072.11 10,852.27 12,467.13 5,388.91 10,134.66 (105,556.66) (102,482.20) (99,497.28) (96,599.30) (93,785.73) (91,054.11) (88,402.04) (85,827.23) (83,327.40) (80,900.39) Total .............................................................. Annualized .................................................... ............................ ............................ ........................ ........................ (1,039,458.28) ............................ (708,214.47) (55,440.48) (876,517.26) (83,014.78) * Note: Components may not add to the totals due to rounding. Now, we repeat this process, but for costs relative to our No Action baseline. Table 18 accounts for net private costs VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 to industry and the pilot associations relative to our No Action baseline. For the No Action period of analysis (2023– PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 2032), we estimate the net private cost to industry to be ($834,809.05), discounted to 7 percent, and E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 76341 ($118,858.03) annualized, as summarized in table 18. TABLE 18—NET PRIVATE COSTS TO INDUSTRY [No Action; 2022 dollars] Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Removing monthly availability reports Disputes Net private cost [A] [B] [C = A + B] 7% 3% ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ($118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) (118,894.61) $36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 36.58 ($118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) ($111,082.27) (103,815.20) (97,023.56) (90,676.22) (84,744.13) (79,200.12) (74,018.81) (69,176.45) (64,650.89) (60,421.39) ($115,396.14) (112,035.09) (108,771.93) (105,603.82) (102,527.98) (99,541.73) (96,642.45) (93,827.62) (91,094.78) (88,441.54) Total .............................................................. Annualized .................................................... ............................ ............................ ........................ ........................ (1,188,580.28) ............................ (834,809.05) (118,858.03) (1,013,883.09) (118,858.03) * Note: Components may not add to the totals due to rounding. Note that there are no costs to Government relative to the No Action baseline, as costs associated with Government review of both individual training plans and Semi-annual Performance Evaluation Reports stem from 2018 informal guidance. Therefore, for the No Action period of analysis (2023–2032), we estimate the total net cost to be ($834,809.05), discounted to 7 percent, and ($118,858.03) annualized, as summarized in table 19. TABLE 19—TOTAL NET COSTS [No Action; 2022 dollars] Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Net private costs Net government costs Total net annual costs [A] [B] [C = A+B] 7% ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ..................................................................... ($118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) (118,858.03) ($111,082.27) (103,815.20) (97,023.56) (90,676.22) (84,744.13) (79,200.12) (74,018.81) (69,176.45) (64,650.89) (60,421.39) ($115,396.14) (112,035.09) (108,771.93) (105,603.82) (102,527.98) (99,541.73) (96,642.45) (93,827.62) (91,094.78) (88,441.54) Total .............................................................. Annualized .................................................... ............................ ............................ ........................ ........................ (1,188,580.28) ............................ (834,809.05) (118,858.03) (1,013,883.09) (118,858.03) * Note: Components may not add to the totals due to rounding Table 20 gives a summary of the total net costs by baseline. The figures shown ddrumheller on DSK120RN23PROD with RULES4 3% VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 for each baseline are in 2022 dollars and are discounted at 7 percent. PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER4.SGM 17SER4 76342 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations TABLE 20—SUMMARY OF NET COSTS BY BASELINE [2022 dollars] Pre-guidance baseline (2018–2032; discounted 7%) Net Private Costs to Industry Net Costs to Government .... Total Net Costs .................... No action baseline (2023–2032; discounted 7%) Net Costs to Industry: ($720,755.13) .............................. Annualized Net Costs to Industry: ($56,422.19) ............. Net Costs to Government: $12,540.65 ........................... Annualized Net Costs to Government: $981.71 ............. Total Net Costs: ($708,214.47) ....................................... Annualized Net Costs: ($55,440.48) ............................... Net Costs to Industry: ($834,809.05) Annualized Net Costs to Industry: ($118,858.03) Net Costs to Government: $0.00 Annualized Net Costs to Government: $0.00 Total Net Costs: ($834,809.05) Annualized Net Costs: ($118.858.03) * Note: Components may not add to the totals due to rounding. ddrumheller on DSK120RN23PROD with RULES4 Benefits The Coast Guard also considered the benefits of this final rule relative to both the Pre-Guidance and No Action baselines. The Pre-Guidance baseline refers to the state of the world prior to any 2018 informal guidance. This baseline captures provisions from both the 2018 informal guidance as well as this rulemaking. Therefore, the PreGuidance period of analysis is 2018– 2032. The No Action baseline refers to a world absent of this rulemaking. When referring to this baseline, we only measure the impact of new provisions stemming directly from this rulemaking, relative to the current state of the world. The No Action baseline period of analysis is 2023–2032. For both baselines, the benefits are solely qualitative. Benefits: Pre-Guidance Baseline There are qualitative benefits associated with both the 2018 informal guidance as well as this rulemaking. The overarching benefit is codifying current industry practices to foster transparency between Coast Guard regulations and the U.S. pilot associations. Many changes outlined in this rulemaking are meant to improve understanding by clarifying current CFR text or creating new regulatory text that outlines existing practices. This is especially true of the numerous administrative changes that result in no cost (outlined in table 4). Additionally, this rulemaking codifies and modifies some practices that predate 2018 guidance, to clarify the pilotage terms and practices used by the Coast Guard and U.S. pilot association operations. The Coast Guard outlines the qualitative benefits for items that have associated costs in our Pre-Guidance baseline. Individual Training Plans Prior to 2018, associations used the same template plan for the entire district, rather than individualizing plans. Individualized training plans better ensure that Apprentice Pilots are gaining experience in all relevant transit VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 areas, when compared to the prior template plans. This improves safety for the Pilots, and it supports Pilots during the training program by ensuring that Apprentice Pilots are qualified for Full Registration at the end of their training. Semi-Annual Performance Evaluation Reports Requiring the associations to submit Semi-annual Performance Evaluation Reports allows the Coast Guard and the Director’s office to better track the progression of the Apprentice Pilot through the training program. The reports show if an Apprentice Pilot is meeting expectations, and if an Apprentice Pilot is ultimately a good fit for the pilotage program. Where an Apprentice Pilot does not meet these two conditions, reports help the Director more quickly determine if further training or dismissal from training is appropriate. Removing Monthly Availability Reports Often availability reports do not communicate meaningful information because in practice, Pilots are listed as always available if they need to be called in. Eliminating this requirement will benefit the Pilots and Apprentice Pilots through saved time, as shown in the discounted cost savings of ($835,065.99) over the 2018–2032 PreGuidance time horizon. Disputes By changing ‘‘in writing’’ to ‘‘official correspondence’’ in § 401.431(b) for disputes, the Coast Guard provides more flexibility in how a dispute can be formally submitted. The revisions to the regulatory text more explicitly outline that the letter expressing the dispute must include the vessel name, date of service, and reference number for the invoice/bill, the exact amount of dispute, regulatory citation for dispute, and the requested resolution. Outlining these requirements should result in a more standardized, higher-quality submission that expedites the Director’s decision on the dispute leading to a PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 quicker resolution for the submitter of the dispute. Submission of Medical Certificates This rulemaking aligns medical and vision requirements for Apprentice Pilots, United States Registered Pilots, and Temporary Registered Pilots with the existing MMC medical certification standards. This change was a recommendation from the Great Lakes Pilotage Advisory Committee in 2018. Therefore, this practice began in 2018. Alignment of these requirements will prevent confusion and avoid delays when submitting and processing an Apprentice Pilot’s application. The Coast Guard recognizes that, per Executive Order 13563,37 agencies are called to quantify anticipated benefits ‘‘as accurately as possible’’ but may discuss benefits qualitatively when determining a numerical metric is not possible. Note that this rulemaking does not inhibit the ability for industry, associations, or the Coast Guard to reap benefits that stem from prior guidance. Benefits: No Action Baseline The No Action baseline highlights benefits that stem solely from this rulemaking. Therefore, any benefits that are solely attributed to prior guidance will not be highlighted here. The No Action baseline refers to a world absent this rulemaking. Since many provisions of this final rule codify industry practices that arose from previous guidance, the qualitative benefits of the No Action baseline are very similar to those of the Pre-Guidance baseline. Removing Monthly Availability Reports Often, availability reports do not communicate meaningful information, because, in practice, Pilots are listed as always available if they need to be called in. Eliminating this requirement benefits the Pilots and Apprentice Pilots 37 To access Executive Order 13563 (‘‘Improving Regulation and Regulatory Review’’), please see https://www.federalregister.gov/documents/2011/ 01/21/2011-1385/improving-regulation-andregulatory-review. E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations through saved time, as shown in the discounted cost savings of ($835,065.99) over the 2023–2032 No Action time horizon. ddrumheller on DSK120RN23PROD with RULES4 Disputes By changing ‘‘in writing’’ to ‘‘official correspondence’’ in § 401.431(b) for disputes, the Coast Guard provides more flexibility in how a dispute can be formally submitted. The revisions to the regulatory text more explicitly outline that the letter expressing the dispute must include the vessel name, date of service, and reference number for the invoice/bill, the exact amount of dispute, regulatory citation for dispute, and the requested resolution. Outlining these requirements should result in a more standardized, higher-quality submission that expedites the Director’s decision on the dispute, leading to a quicker resolution for the submitter of the dispute. The Coast Guard recognizes that, per Executive Order 13563,38 agencies are called to quantify anticipated benefits ‘‘as accurately as possible’’ but may discuss benefits qualitatively when determining a numerical metric is not possible. Note that this rulemaking does not inhibit the ability for industry, associations, or the Coast Guard to reap benefits that stem from prior guidance. Alternatives Considered Alternative 1. The primary alternative to this rulemaking is to take no action and not alter any of the processes for issuing Limited Registration. The Coast Guard rejected this alternative, because it leaves outdated text in the CFR and perpetuates confusion as industry practices continue to evolve past what is detailed in current regulations. Alternative 2. The second alternative requires Apprentice Pilots to complete a test before receiving their Limited Registration. Currently, tests are only administered when a mariner tests to receive Full Registration, and tests are administered when test administrators are already in the area and can conduct a test for multiple Apprentice Pilots at once. Tests are administrated by the Great Lakes Pilotage Office at the nearest Coast Guard Regional Exam Center (REC) to the Apprentice Pilot, usually REC Toledo. The exam is administered individually to each Apprentice Pilot, and the answer sheet is returned to the Great Lakes Pilotage Office for grading. Adding tests for each Limited Registration requires the Coast Guard to generate a test for each area in which a Limited Registration is requested, 38 Ibid. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 because Limited Registrations are issued for specific geographic areas. The Coast Guard then needs to administer the generated test, requiring travel for both the test administrator and the test taker. The Coast Guard estimates there are an average of 17 requests for Limited Registration annually. Each request requires 1.5 to 4 hours of testing for both the test taker and the test administrator, with an average of 2 hours for each test.39 For both parties, the Coast Guard has decided to use the conservative estimate of 4 hours for the testing burden. In addition, both the test taker and test administrator must travel, which is an average of 2 hours for the test taker and 6 hours for the test administrator.40 The Coast Guard estimates an annual cost of $7,462.92 for test takers, using a loaded wage of $73.17 for test takers and assuming 4 hours for testing, 2 hours for travel, and 17 tests annually.41 For test administration, the Coast Guard estimates an annual cost of $19,370.71, using a loaded wage of $113.95 for test administrators and assuming 4 hours for testing, 6 hours for travel, and 17 tests annually.42 The Coast Guard rejected this alternative, because it increases the burden upon the Pilots and the pilot associations without a commensurate increase in safety. The Coast Guard believes the documentation currently received from the Pilots and the associations is adequate to determine if an Apprentice Pilot should be granted a Limited Registration. Alternative 3. The Coast Guard also considered removing the requirement for Apprentice Pilots to submit 39 Phone communication with Marine Transportation Specialist of the Great Lakes Pilotage Division. 40 Ibid. 41 The base wage of Captains, Mates, and Pilots of water vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing total hourly compensation for Transportation and Material Moving Occupations of $33.07 by hourly wages (CMU2010000520000D) and salaries of $22.64 (CMU2020000520000D). Access these series by searching the series number at https:// beta.bls.gov/dataQuery/search. Last accessed August 2023. 42 The loaded wage of $113.95 (rounded) comes from the base hourly wage of $68.55 for a GS–14 Step 5 from the DC region multiplied by a load factor of 1.66, per https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total hourly compensation for workers with master’s degrees as shown in table 3, $74.80, by the average hourly wage for workers with master’s degrees as shown in table 1, or $45.00. $74.80 ÷ $45.00 = 1.6622. See ‘‘Comparing the Compensation of Federal and Private Sector Employees, 2011–2015,’’ https://www.cbo.gov/ system/files/115th-congress-2017-2018/reports/ 52637-federalprivatepay.pdf. PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 76343 Performance Evaluation Reports semiannually (for example, once at the end of the year and once mid-year) to obtain a Limited Registration. Instead, the Coast Guard only requires Apprentice Pilots to submit a Performance Evaluation Report annually (that is, only once at the end of the year). The Coast Guard rejected this option, because we do not believe that annual reporting alone allows us to accurately evaluate the performance of an Apprentice Pilot, which could potentially contribute to a decrease in safety. The Coast Guard receives annual evaluations once a year, by January 15th. If an Apprentice Pilot requested a Limited Registration that required evidence of trips completed that were not included in the most recent performance evaluation, then the Coast Guard could not issue the Limited Registration. Using Semi-annual Performance Evaluation Reports allows greater flexibility in issuing Limited Registrations, as the Semi-annual Performance Evaluation Reports are more likely to have relevant and timely information to evaluate qualifications for Limited Registration. The semiannual evaluations also allow for greater tailoring of training, resulting in safer operations, because performance in a particular area or on a particular route can be evaluated, while there is time to increase focus on that area for the remaining trips to be completed for the season. Alternative 4. Preferred Alternative The preferred alternative is the one put forth in this rulemaking. The Coast Guard selected this alternative because it is less costly than the other alternatives, gives the Coast Guard more relevant and timely information to evaluate qualifications for Limited Registration, and updates the CFR to remove outdated references. B. Small Entities Under the Regulatory Flexibility Act, 5 U.S.C. 601–612, we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The affected population for this final rule includes 51 U.S. Great Lakes Pilots, 9 Apprentice Pilots, and 3 Temporary Registered Pilots, all represented by 3 pilot associations. The three associations are the St. Lawrence Seaway Pilots Association E:\FR\FM\17SER4.SGM 17SER4 76344 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations representing District One, the Lakes Pilot Association representing District Two, and the Western Great Lakes Pilots Association representing District Three. All these associations classify under the North American Industry Classification System (NAICS) Code 81391002 for Business Associations.43 The size standard for Business Associations of $15 million was current during the development of the 2023 annual ratemaking and utilized in the final rule (88 FR 12226).44 Based on revenue figures reported as part of the 2023 annual ratemaking, the three associations have revenue under $15 million and could be considered small entities. To further analyze the impacts these associations may face, the Coast Guard is parsing this out, based on the two baselines in the regulatory analysis. The figures referenced are discounted using a 7-percent discount rate. Under the Pre-Guidance baseline, the annualized cost to industry from this rulemaking amounts to $8,948.49. This is not more than 1-percent of revenue for any of the associations. Relative to our No Action baseline, the annualized cost to industry from this rulemaking amounts to $36.58. This is not more than 1-percent of revenue for any of the associations, and it is offset by the annualized cost savings under the same baseline of ($118,894.61). Therefore, the annualized net cost to industry is ($118,858.03) for costs relative to the No Action baseline’s period of analysis. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we offer to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. ddrumheller on DSK120RN23PROD with RULES4 D. Collection of Information This rule calls for a collection of information under the Paperwork 43 NAICS codes were found using ReferenceUSA for the Lakes Pilot Association and the Lake Carrier’s Association. Coast Guard assumes that the code for the joint association is representative of all associations. 44 https://www.federalregister.gov/documents/ 2023/02/27/2023-03212/great-lakes-pilotage-rates2023-annual-ratemaking-and-review-ofmethodology. VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 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: Great Lakes Pilotage Methodology OMB Control Number: 1625–0086. Summary of the Collection of Information: The Director requires that pilot associations provide data relating to bridge hours; vessel delay, detention, cancellation, and movage; Pilot travel; revenues; and Pilot availability. This final rule adds additional collections, which includes the collection of individual training plans and Semiannual Performance Evaluation Reports, responses by Apprentice Pilots and Temporary Registered Pilots that were previously not detailed, and disputes and dispute appeals on trip charges. Need for Information: Pursuant to 46 CFR part 404, the Director of the Great Lakes Pilotage is required to set pilotage rates on the Great Lakes. In meeting this requirement, the Director requires that pilot associations provide data relating to bridge hours; vessel delay, detention, cancellation, and movage; Pilot travel; revenues; and Pilot availability. The new information collected in this rule assists in estimating the number of Pilots that may be available in a season by accurately tracking their progress through training (training plans and performance evaluations). Use of Information: The Director of Great Lakes Pilotage uses the data stored in the GLPMS and on Form CG–4509 to carry out operational and ratemaking oversight of pilotage activities on the Great Lakes. Description of the Respondents: The respondents are mariners and Pilots operating on the Great Lakes, and employees of the pilot associations. Number of Respondents: This final rule increases the number of respondents by 9, comprising 6 Apprentice Pilots and 3 Temporary Registered Pilots. Frequency of Response: Individualized training plans are submitted annually. Semi-annual Performance Evaluation Reports are submitted twice annually with followup as needed. Applicant Trainee PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 applications are submitted as needed,45 with 8 submitted annually on average. Written marine accidents are submitted as necessary,46 with 3 submitted annually on average. Disputes and dispute appeals 47 are submitted as necessary, with 1 anticipated annually per SME guidance. Burden of Response: Individualized training plans take 2 hours to submit, for an increased annual burden of 12 hours. Semi-annual Performance Evaluation Reports take 6 hours to submit, for an increased annual burden of 108 hours. The additional applications for the Applicant Trainees take 30 minutes each to submit, for an increased annual burden of 4 hours. Written marine accident reports take an hour to submit, for an increased annual burden of 3 hours. Disputes take 1 hour to submit, with an increased annual burden of 3 hours. Dispute appeals take 30 minutes, with an increased annual burden of 1.5 hours. Estimate of Total Annual Burden: The total increase in burden from this final rule is 138 hours. As required by 44 U.S.C. 3507(d), we will submit a copy of this rule to OMB for its review of the collection of information. You are not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB has not yet completed its review of this collection. Before the Coast Guard may enforce new collection of information requirements introduced 45 Applicant Trainees have already been submitting these, but the regulatory text did not reference Applicant Trainees specifically. These submissions predate any guidance issued in 2018 and are not a result of this rulemaking. The clarifying text in this rulemaking (acts to codify a long-standing practice. For these reasons, this line item is only an information collection cost and not a regulatory cost present in the cost model. 46 The submission requirement for written marine accident reports found in § 401.260 originated in 31 FR 9065 (July 1, 1966). Therefore, this is a longstanding requirement which was not previously captured in ICR 1625–0086. For this reason, this line item is only an information collection cost and not a regulatory cost present in the cost model. To access 31 FR 9065, see https:// archives.federalregister.gov/issue_slice/1966/7/1/ 9063-9067.pdf. Note the while reports of marine casualties are generally accounted for in ICR 1625– 0001 (‘‘Report of Marine Casualty & Chemical Testing of Commercial Vessel Personnel’’), a Coast Guard SME confirmed the scope of the marine accident reports provided to the Director differs from those in 1625–0001. To access ICR 1625–0001, see https://www.reginfo.gov/public/do/PRA ViewICR?ref_nbr=202204-1625-009. 47 Dispute appeals (found in 401.431(b)) originated in 29 FR 10467 (July 28, 1964). Therefore, this is a longstanding requirement which was not previously captured in ICR 1625–0086. For this reason, this line item is only an information collection cost and not a regulatory cost present in the cost model. To access 31 FR 9065, see https:// archives.federalregister.gov/issue_slice/1964/7/28/ 10461-10468.pdf#page=7. E:\FR\FM\17SER4.SGM 17SER4 ddrumheller on DSK120RN23PROD with RULES4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations by this rule, OMB would need to approve the Coast Guard’s request to collect that information. We will publish a Federal Register notice once OMB takes action on our request. $100,000,000 (adjusted for inflation) or more in any one year. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. E. Federalism A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under Executive Order 13132 and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis follows. In 46 U.S.C. 9303, Congress directs the Coast Guard to regulate Great Lakes Pilot applicants’ standards of competency, Certificates of Registration, duration of validity of registration, and the conditions for service by United States Registered Pilots, including availability for service. These regulations are issued pursuant to that statute and is preemptive of State law as specified in 46 U.S.C. 9306. Under 46 U.S.C. 9306, a ‘‘State or political subdivision of a State may not regulate or impose any requirement on pilotage on the Great Lakes.’’ As a result, States or local governments are expressly prohibited from regulating within this category. It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. See United States v. Locke, 529 U.S. 89 (2000). Therefore, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. G. Taking of Private Property F. Unfunded Mandates The 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 VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630 (Governmental Actions and Interference with Constitutionally Protected Property Rights). H. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice Reform) to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks). This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This rule does not have Tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this rule under Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use). We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. L. Technical Standards The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 76345 standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. This final rule is categorically excluded under paragraphs A3, L54 and L56 of Appendix A, table 1 of the Department of Homeland Security (DHS) Instruction Manual 023–01–001– 01, Rev. 1. Paragraph A3 pertains to the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, advisory circulars, and other guidance documents of the following nature: (a) Those of a strictly administrative or procedural nature; (b) Those that implement, without substantive change, statutory or regulatory requirements; (c) Those that implement, without substantive change, procedures, manuals, and other guidance documents; (d) Those that interpret or amend an existing regulation without changing its environmental effect; (e) Technical guidance on safety and security matters; or (f) Guidance for the preparation of security plans. Paragraph L54 pertains to regulations which are editorial or procedural. Paragraph L56 pertains to regulations concerning the training, qualifying, licensing, and disciplining of maritime personnel. This final rule involves the amendment of certain Great Lakes E:\FR\FM\17SER4.SGM 17SER4 76346 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Pilotage regulatory requirements to align them with current Coast Guard and U.S. pilot association operations and related pilotage practices. In particular, this final rule adds or amends definitions for pertinent terms in order to clarify the different phases of training and registrations for Pilots who work on the Great Lakes. All of these changes are consistent with the Coast Guard’s maritime safety missions. List of Subjects 46 CFR Part 10 46 CFR Part 401 Administrative practice and procedure, Great Lakes, Navigation (water), Penalties, Reporting and recordkeeping requirements, Seamen. 46 CFR Part 402 Great Lakes, Navigation (water), Seamen. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 10, 401, and 402 as follows: PART 10—MERCHANT MARINER CREDENTIALS 1. The authority citation for part 10 is revised to read as follows: ■ Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2104, 2110; 46 U.S.C. chapters 71; 73, 75; 46 U.S.C. 7701, 8903, 8904, and 70105; E.O. 10173; DHS Delegation No. 00170.1, Revision No. 01.4. 2. Revise and republish § 10.302(b) to read as follows: ■ § 10.302 Medical and physical requirements. * * * * * (b) Any required test, exam, or demonstration must have been performed, witnessed, or reviewed by a licensed Medical Doctor, licensed Physician Assistant, licensed Nurse Practitioner, or a Designated Medical Examiner. All licensed medical practitioners must hold a valid license issued in the United States. * * * * * ddrumheller on DSK120RN23PROD with RULES4 PART 401—GREAT LAKES PILOTAGE REGULATIONS 3. The authority citation for part 401 is revised to read as follows: ■ Authority: 46 U.S.C. 2103, 2104(a), 6101, 7701, 8105, 9303, 9304; DHS Delegation No. 00170.1, Revision No. 01.4, paragraph (II)(92)(a), (92)(d), (92)(e), (92)(f). 4. Revise § 401.100 to read as follows: VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 Purpose. The purpose of this part is to carry out those provisions of the Great Lakes Pilotage Act of 1960 (74 Stat. 259, 46 U.S.C. 216) relating to the registration of United States Pilots, the formation of pilotage pools by voluntary associations of United States Registered Pilots, and the establishment of rates, charges, and other conditions or terms for services performed by United States Registered Pilots to meet the provisions of the Act. ■ 5. Revise § 401.110 to read as follows: § 401.110 Penalties, Personally identifiable information, Reporting and recordkeeping requirements, Seamen. ■ § 401.100 Definitions. As used in this chapter: Act means the Great Lakes Pilotage Act of 1960, as amended (Pub. L. 86– 555, 74 Stat. 259–262; 46 U.S.C. 216 through 216i). Applicant means a person who has submitted a Form CG–4509 to the Director of Great Lakes Pilotage (‘‘Director’’), to be considered for placement in an approved U.S. Great Lakes pilot training and qualification program at one of the established pilotage pools. Applicant Trainee means a person approved by the Director who is participating in an approved U.S. Great Lakes pilot training and qualification program. This individual meets the minimum requirements listed in 46 CFR 401.214 but does not have the necessary service or experience on their MMC in the Great Lakes to qualify as an Apprentice Pilot. The Applicant Trainee is not eligible for a Limited or Temporary Registration. Apprentice Pilot means a person approved by the Director who is participating in an approved U.S. Great Lakes pilot training and qualification program. This individual meets all the minimum requirements listed in 46 CFR 401.211. Association means any organization that holds a Certificate of Authorization issued by the Director to operate a pilotage pool on the Great Lakes. Canadian Registered Pilot means a person, other than a member of the regular complement of a vessel, who holds an appropriate Canadian license issued by an agency of Canada, and is registered by a designated agency of Canada on substantially the same basis as registration under the provisions of Subpart B of this part. Chemical test means a scientifically recognized test that analyzes an individual’s breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use. Commandant means Commandant of the United States Coast Guard, Communications with the Commandant may be sent to the following address: PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 Attn: Commandant, U.S. Coast Guard Stop 7000, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593– 7000. Comparable experience means knowledge and previous performance that is similar to the knowledge and technical skills obtained by serving as an officer on vessels of at least 4,000 gross tonnage. Training and experience while participating in a pilot training program of an authorized pilot organization is considered equivalent on a day for day basis to experience as an officer on a vessel. The training program of the authorized pilot organization must, however, include regularly scheduled trips on vessels of at least 4,000 gross tonnage or over in the company of a United States Registered Pilot. Director means Director, Great Lakes Pilotage. Communications with the Director may be sent to the following address: Director, Great Lakes Pilotage, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. Full Registration is the issuance of a Certificate of Registration, by the Director, to an Apprentice Pilot who meets all the requirements in 46 CFR 401.210 and 401.211 and completes all the requirements in 46 CFR 402.210 and 402.220 and so becomes a United States Registered Pilot. Great Lakes means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the St. Lawrence River as far east as Saint Regis, and adjacent port areas. Gross Tonnage or GT means the gross tonnage measurement of the vessel under 46 U.S.C. chapter 143, Convention Measurement. Individual Training Plan is an outline of specific requirements reviewed and approved by the Director for an Apprentice Pilot, including but not limited to the length of time to complete the training, the minimum number of round trips required, the association’s determination of proficiency, the officer endorsement on the MMC, and the Apprentice Pilot’s pilotage experience on the Great Lakes. The plan communicates the qualifications and demonstrates skills the mariners must complete to meet the proficiency requirements for which the mariner is training. Limited Registration is an authorization issued by the Director, upon the request of the respective pilot association, to an Apprentice Pilot to provide pilotage service without direct supervision from a United States Registered Pilot or Temporary E:\FR\FM\17SER4.SGM 17SER4 ddrumheller on DSK120RN23PROD with RULES4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Registered Pilot in a specific area or waterway. Marine accident is any of the following that occurs while a U.S. Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is providing pilotage services in U.S. or Canadian waters: (1) Any allision or collision; (2) Any grounding; (3) A loss of main propulsion, primary steering, or any associated component or control system that, due to its duration or other circumstance, significantly impacts the maneuverability of the vessel; (4) An occurrence, directly related to the provision of pilotage services, involving significant harm to the environment as defined in 46 CFR 4.03– 65 (including Canadian waters); or (5) Any other incident, directly related to the provision of pilotage services, causing property damage in excess of $75,000 U.S. dollars (including the cost of labor and material to restore the property to its condition before the incident, but excluding the cost of such things as salvage, cleaning, gas-freeing, drydocking, or demurrage). Merchant Mariner Credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner’s document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner’s qualification document, certificate of identification, and certificate of service. Minimum number of round trips is the fewest number of successful round trips an Apprentice Pilot must perform under the direct supervision of a fully registered United States Registered Pilot or Temporary Registered Pilot, according to their individual training plan. 46 CFR 402.220 contains the minimum number of round trips for certain officer endorsements. Officer endorsement means an annotation on an MMC that allows a mariner to serve in the capacities listed in 46 CFR 10.109. Person means an individual, Registered Pilot, partnership, corporation, association, voluntary association, authorized pilotage pool, or public or private organization, other than a government agency. Pilotage pool means an organization holding a Certificate of Authorization issued by the Director to provide pilotage services. Rate computation definitions to determine Weighting Factors, as used in the chapter: VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 (1) Length means the distance between the forward and after extremities of the ship. (2) Breadth means the maximum breadth to the outside of the shell plating of the ship. (3) Depth means the vertical distance at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, and which extends to the sides of the ship. The continuity of a deck is not considered to be affected by the existence of tonnage openings, engine spaces, or a step in the deck. Round trip means providing pilotage service, in both directions, from one change point to another change point, or inbound and outbound in a port designated by an authorized pilotage pool. Secretary means the Secretary of the department in which the Coast Guard is operating. Semi-annual Performance Evaluation Report is an assessment performed on an Apprentice Pilot twice a year, by the association, to report the Apprentice Pilot’s progress in the approved U.S. Great Lakes pilot training and qualification program at the established pilotage pool. Temporary Registered Pilot means a person who is issued a Temporary Registration by the Director in accordance with 46 CFR 401.222. A Temporary Registered Pilot holds a valid MMC, meets the requirements of § 401.222, has previously held a Full Registration, has been approved to provide pilotage services by the Director, and has either: (1) Reached the age of 70 and desires to continue providing pilotage services; or (2) Retired from pilotage service and desires to provide pilotage services. United States Registered Pilot or U.S. Registered Pilot means a person, other than a member of the regular complement of a vessel, who holds an MMC with an officer endorsement authorizing navigation on the Great Lakes and suitably endorsed for pilotage on areas and routes specified therein, issued under the authority of the provisions of Title 46 of the United States Code, and who also currently holds a Certificate of Registration ID Card under the provisions of Subpart B of this part. ■ 6. Revise § 401.120 to read as follows: § 401.120 Federal reservation of pilotage regulations. No state, municipal, or other local authority may require the use of Pilots or regulate any aspect of pilotage in any of the waters specified in the Act. Only those persons registered as United PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 76347 States Registered Pilots or Canadian Registered Pilots as defined in this subpart may render pilotage services on any vessel subject to the Act and the Memorandum of Understanding, Great Lakes Pilotage. ■ 7. Revise § 401.200 to read as follows: § 401.200 Application for registration. An application for registration as a U.S. Registered Pilot must be made on Form CG–4509, which must be submitted via email to: GreatLakesPilotage@uscg.mil; or by physical mail to: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Stop 7509, Washington, DC 20593– 7509. This form may be obtained from the Director. ■ 8. Revise § 401.210 to read as follows: § 401.210 Requirements and qualifications for Full Registration. (a) No person may be fully registered as a United States Registered Pilot unless: (1) The individual holds an MMC with an officer endorsement as a Master, Mate, or Pilot, issued under the provisions of subpart B of 46 CFR part 11, and has acquired at least 24 months service as a deck officer or comparable experience on vessels or integrated tug and barge, of at least 4,000 gross tonnage, operating on the Great Lakes or oceans. Those applicants qualifying with other than Great Lakes service must have obtained at least 6 months of service as a deck officer or comparable experience on the Great Lakes. Those applicants qualifying with comparable experience must have served a minimum of 12 months as a deck officer under the authority of their MMC. (2) The individual is a citizen of the United States. (3) The individual is of good moral character and temperate habits. (4) The individual is physically competent to perform the duties of a U.S. Registered Pilot and meets the applicable medical requirements and standards prescribed by the Commandant in subpart C of 46 CFR part 10. (5) The individual has not reached the age of 70. (6) The individual agrees to be available for service under the terms and conditions as may be approved or prescribed by the Commandant. (7) The individual has complied with the requirements set forth in § 401.220(b) for Apprentice Pilots. (8) The individual meets the chemical testing requirements as defined in 46 CFR part 16. E:\FR\FM\17SER4.SGM 17SER4 76348 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations (9) The individual agrees to comply with all applicable provisions of this part and amendments thereto. (b) Any person registered as a United States Registered Pilot pursuant to the provisions of this part whose application contains false or misleading statements furnished by the applicant in furtherance of their application will be in violation of these regulations and may be proceeded against under § 401.250(a) or § 401.500. ■ 9. Revise § 401.211 to read as follows: ddrumheller on DSK120RN23PROD with RULES4 § 401.211 Requirements for training of Apprentice Pilots and Limited Registration Authorization. (a) The Director will determine the number of Apprentice Pilots required to be in training by each association authorized to form a pilotage pool in order to assure an adequate number of United States Registered Pilots. (b) No Apprentice Pilot will be selected for training unless: (1) The individual meets the requirements and qualifications set forth in paragraphs (a)(1) through (4), (6), (8), and (9) of § 401.210; (2) The individual must not have reached the age of 60; and (3) The individual possesses a Radar Observer-Unlimited endorsement on their MMC in accordance with § 11.480. (c) For purpose of determining whether an applicant meets the experience requirements contained in § 401.210(a)(1), not more than 12 months of ‘‘comparable experience’’ may be used in fulfilling the 24-month experience requirement. (d) The Director must approve the United States Registered Pilots or Temporary Registered Pilots designated by the authorized pilot organization to provide training to those Pilots in training to be United States Registered Pilots. (e) Persons desiring to be considered as an Apprentice Pilot must file with the Director a completed Application Form CG–4509 by email to: GreatLakesPilotage@uscg.mil; or by mail to: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Mail Stop 7509, Washington, DC 20593– 7509. Upon the request of the Director, the person desiring to be considered as an Apprentice Pilot must submit two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible. (f) Applicants meeting the minimum requirements of this section who are both selected by the association and approved by the Director will be issued a U.S. Coast Guard Apprentice Pilot Identification Card. Such Card is valid until such time as: VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 (1) The expiration of a term determined by the Director; (2) The Apprentice Pilot is registered as a Pilot under § 401.210; (3) The Apprentice Pilot withdraws from the training program; or (4) The card is ordered withdrawn by the Director. (g) The Apprentice Pilot must have a Director-approved individual training plan. The Apprentice Pilot, along with the pilot association, will record all their round trips, as per their individual training plan, and provide this information to the Director for review. Round trips completed as an Apprentice Pilot will count toward Full Registration. (h) The appropriate pilot association must complete a Semi-annual Performance Evaluation Report on the Apprentice Pilot twice a year, to assess the Apprentice Pilot’s progress in the approved U.S. Great Lakes pilot training and qualification program at the established pilotage pool. The evaluation must be submitted to the Director by August 15 and January 15 of each season. The report should provide a recommendation to the Director on whether to keep the Apprentice Pilot in the training program. (i) The Apprentice Pilot must be enrolled in the association’s chemical testing program. The chemical testing program must meet the requirements of 46 CFR part 16. For the purposes of this part, the association is deemed to be the Sponsoring Organization as defined in 46 CFR 16.105. (j) To facilitate the training of the Apprentice Pilot, the Director may authorize Limited Registration to the Apprentice Pilot, upon the request from the pilot association. The Apprentice Pilot obtains a Limited Registration by completing and recording the requirements set forth in § 401.220(b)(1). Limited Registration periods will not exceed 6 months before the need to request a renewal; the specific period is determined by the Director per 46 CFR 401.110(9). The Apprentice Pilot must maintain a favorable performance evaluation via their Semi-annual Performance Evaluation Reports, and the Director must determine a need for the Pilot. At any time, this authorization may be revoked at the discretion of the Director. (k) An Apprentice Pilot may be eligible for a Certificate of Registration, after: (1) The mariner completes a Directorapproved U.S. Great Lakes Pilot training and qualification program in one of the Great Lakes’ pilot associations; PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 (2) The appropriate pilot association gives the mariner a positive endorsement; (3) The mariner passes the Director’s exam; and (4) The Director determines that the association needs an additional Pilot. ■ 10. Add new § 401.214 to read as follows: § 401.214 Training requirements for Applicant Trainees. (a) The Director will determine the number of Applicant Trainees required to be in training by each association authorized to form a pilotage pool in order to assure an adequate number of United States Registered Pilots. (b) No Applicant Trainee may be selected for training unless: (1) The individual meets the requirements and qualifications set forth in paragraphs (a)(2) through (4), (6), (8), and (9) of § 401.210; (2) The individual must not have reached the age of 60; and (3) The individual possesses a Radar Observer-Unlimited endorsement on their MMC in accordance with § 11.480. (c) An individual with other than Great Lakes service must obtain at least six (6) months of service as a credentialed officer, or comparable experience, on the Great Lakes with the pilot association in the District waters assigned before they are eligible to become an Apprentice Pilot. Round trips and related activities completed during this training phase will not count towards Full Registration. (d) The Director must approve the United States Registered Pilots or Temporary Registered Pilots that are designated by the authorized pilot organization to provide training to those Pilots that are in training to be United States Registered Pilots. (e) Persons desiring to be considered as an Applicant Trainee must file with the Director a completed Application Form CG–4509 via email to: GreatLakesPilotage@uscg.mil or by mail to: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Mail Stop 7509, Washington, DC 20593– 7509. Upon the request of the Director, the person desiring to be considered as an Applicant Trainee must submit two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible. (f) Applicants must meet the preemployment chemical testing requirements as defined in 46 CFR 16.210. (g) Applicants meeting the minimum requirements of this section who are both selected by the association and approved by the Director will be issued E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations a U.S. Coast Guard Applicant Trainee Identification Card. Such Card is valid until such time as: (1) The expiration of a term determined by the Director; (2) The Applicant Trainee is registered as an Apprentice Pilot under § 401.211; (3) The Applicant Trainee withdraws from the training program; or (4) The card is ordered withdrawn by the Director. ■ 11. Revise § 401.220 to read as follows: ddrumheller on DSK120RN23PROD with RULES4 § 401.220 Registration of Pilots. (a) The Director must determine the number of Pilots required to be registered in order to assure adequate and efficient pilotage service in the United States waters of the Great Lakes and to provide for equitable participation of United States Registered Pilots with Canadian Registered Pilots in the rendering of pilotage services. The Director determines the number of Pilots needed as follows: (1) The Director determines the base number of Pilots needed by dividing each area’s peak pilotage demand data by its pilot work cycle. The Pilot work cycle standard includes any time that the Director finds to be a necessary and reasonable component of ensuring that a pilotage assignment is carried out safely, efficiently, and reliably for each area. These components may include, but are not limited to— (i) Amount of time a Pilot provides pilotage service or is available to a vessel’s Master to provide pilotage service; (ii) Pilot travel time, measured from the Pilot’s base, to and from an assignment’s starting and ending points; (iii) Assignment delays and detentions; (iv) Administrative time for a Pilot who serves as a pilot association’s president; (v) Rest between assignments, as required by § 401.451; (vi) Ten days’ recuperative rest per month from April 15 through November 15 each year, provided that lesser rest allowances are approved by the Director at the pilot association’s request, if necessary to provide pilotage without interruption through that period; and (vii) Pilotage-related training. (2) Pilotage demand and the base seasonal work standard are based on available and reliable data, as so deemed by the Director, for a multi-year base period. The multi-year period is the 10 most recent past years, and the data source is a system approved under 46 CFR 403.300. Where such data are not available or reliable, the Director VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 also may use data, from additional past years or other sources, that the Director determines to be available and reliable. (3) The number of Pilots needed in each district is calculated by totaling the area results by district and rounding them to the nearest whole integer. For supportable circumstances, the Director may make reasonable and necessary adjustments to the rounded result to provide for changes that the Director anticipates will affect the need for Pilots in the district over the period for which base rates are being established. (b) Registration of Pilots must be made from among those Apprentice Pilots who have: (1) Completed the minimum number of round trips prescribed by the Director over the waters for which application is made on oceangoing vessels, in company with a United States Registered Pilot or Temporary Registered Pilot, and in accordance with the Apprentice Pilot’s approved individual training plan; (2) Completed the approved course of instruction for Apprentice Pilots prescribed by the association authorized to establish the pilotage pool; and (3) After completing the requirements in paragraphs (b)(1) and (2) of this section, satisfactorily completed a written examination prescribed by the Director, evidencing their knowledge and understanding of the Great Lakes Pilotage Act of 1960, Great Lakes Pilotage Regulations, Rules and Orders; the Memorandum of Understanding, Great Lakes Pilotage, between the United States and Canada; and other related matters including the working rules and operating procedures of the district, given at such time and place as the Director may designate within the pilotage district of the Apprentice Pilot. (c) The pilot association authorized to establish a pilotage pool in which an Apprentice Pilot has qualified for registration under paragraph (b) of this section must submit to the Director, in writing, its recommendations together with its reasons for or against the registration of the Apprentice Pilot. (d) Subject to the provisions of paragraphs (a), (b), and (c) of this section, an Apprentice Pilot found to be qualified under this subpart may be considered fully registered and issued a Certificate of Registration, valid for a term of five (5) years or until the expiration of their Master, Mate, or Pilot endorsement, or until the Pilot reaches age 70, whichever occurs first. 12. Add new § 401.222 to read as follows: ■ PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 76349 § 401.222 Temporary Registered Pilots on the Great Lakes. (a) The Director may, when necessary to ensure safe, efficient, and reliable pilotage service for maritime commerce, issue a Temporary Registration to any person found qualified under this subpart who: (1) Holds a valid MMC; (2) Meets the requirements of 46 CFR 401.210 (except paragraph (a)(5)); (3) Has previously held a Full Registration; (4) Meets the requirements of 46 CFR part 16; and (5) Either: (i) Has reached the age of 70 and desires to continue providing pilotage services; or (ii) Has retired from pilotage service and desires to provide pilotage services. (b) A Temporary Registration is valid for a length of time to be determined by the Director, but not to exceed 1 year from the date of issuance. ■ 13. Revise § 401.230 to read as follows: § 401.230 Certificates of Registration. (a) A Certificate of Registration must describe the areas and routes of the Great Lakes within which the Pilot is authorized to perform pilotage services, and such description must be consistent with the terms of the pilotage authorization in their Master, Mate, or Pilot endorsement issued under the authority of Title 46 of the United States Code. (b) A Certificate of Registration does not authorize the holder to board any vessel, or to serve as a Pilot of any vessel, without the permission of the owner or Master. A Certificate of Registration must be in the possession of a Pilot at all times when they are in the service of a vessel, and must be displayed upon demand of the owner or Master, any United States Coast Guard officer or inspector, or a representative of the Director. (c) A Certificate of Registration evidencing registration of the holder is the property of the U.S. Coast Guard, and it may not be pledged, deposited, or surrendered to any person except as authorized by this part. A Certificate of Registration may not be copied or digitally reproduced, or be used to make a facsimile or Photostat. A Certificate which has expired without renewal, or renewal of which has been denied under the provisions of this section, must be surrendered to the Director upon demand. (d) An application for a replacement of a lost, damaged, or defaced Certificate of Registration must be submitted to the Director, on a Form CG–4509, together E:\FR\FM\17SER4.SGM 17SER4 76350 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations with two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible. A replacement fee of five dollars ($5) by check or money order, drawn to the order of the U.S. Coast Guard, must accompany any such application. A Certificate issued as a replacement for a lost, damaged, or defaced Certificate will be marked so as to indicate that it is a replacement. Upon receipt of a Certificate issued as a replacement, the damaged or defaced Certificate must be surrendered to the Director. (e) A Certificate of Registration may be voluntarily surrendered to the Director by a U.S. Registered Pilot at any time such Pilot no longer desires to perform pilotage services; however, in the event such U.S. Registered Pilot has been served with a notice of hearing pursuant to § 401.250, a voluntary surrender of the Certificate of Registration will be at the option of the Director. ■ 14. Revise § 401.240 to read as follows: ddrumheller on DSK120RN23PROD with RULES4 § 401.240 Renewal of Certificates of Registration. (a) An application for renewal of a Certificate of Registration must be submitted to the Director, on a Form CG–4509, together with two full-face passport style photographs, signed on the photo, vertically, as close to the head as possible, at least 15 days before the expiration date of the existing Certificate. The form for renewal of Certificates of Registration may be obtained from the Director. A renewal fee of five dollars ($5) by check or money order, drawn to the order of the U.S. Coast Guard, must accompany an application for renewal of registration, which will be refunded if registration is not renewed. Failure of a U.S. Registered Pilot to comply with these requirements or file a complete and sufficient application may constitute cause for denying renewal of the Certificate of Registration. (b) No Certificate of Registration will be renewed unless the applicant for renewal meets the requirements and qualifications set forth in § 401.210 for issuance of an original Certificate of Registration, excepting that compliance with § 401.210(a)(4) is not required if the examination was satisfactorily passed on a previous application for registration within six (6) months next preceding the date of application for renewal. (c) If the Director determines that there is good cause for denying renewal of a Certificate of Registration, the applicant must be notified in writing of VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 such determination and the cause thereof. The applicant may thereupon apply within fifteen (15) days of the receipt of such notice for a hearing in regard to the cause for the denying of a renewal of the Certificate, which hearing must be granted. (d) In any case in which the applicant has made timely and sufficient application for renewal of their registration, no such registration will expire until such application has been finally determined by the Director unless the public health, interest, or safety requires otherwise. (e) Upon receipt of a renewal Certificate of Registration, the expired Certificate must be surrendered to the Director. ■ 15. Amend § 401.250 by revising paragraphs (a) and (d) to read as follows: § 401.250 Suspension and revocation of Certificates of Registration. (a) A Certificate of Registration issued pursuant to the provisions of this part may be suspended or revoked upon a determination on the record, after opportunity for a hearing in accordance with the Administrative Procedure Act, as amended (5 U.S.C. 551 through 559), that the Pilot (holder) has violated any provision of this chapter or is no longer eligible for registration. * * * * * (d) Every U.S. Registered Pilot must, whenever their MMC officer endorsement is revoked or suspended under the provisions of part 5 of this title, deliver their Certificate of Registration simultaneously with their MMC to the U.S. Coast Guard. If the officer endorsement is suspended, the Certificate of Registration will be held with the suspended officer endorsement and returned to the holder upon expiration of the suspension period. ■ 16. Revise § 401.260 to read as follows: § 401.260 Reports. (a) A marine accident that occurs while a United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is providing pilotage service to a vessel in United States or Canadian waters of the Great Lakes must be reported in writing by the Pilot to the Director as soon as possible, but not later than 15 days after the accident. The written report must include: (1) Name and description of the vessel or vessels involved; (2) Description of the accident; (3) Type of accident; (4) Location; (5) Time of occurrence; (6) Prevailing weather; PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 (7) Results of the Pilot’s post-casualty drug and alcohol test, if required; (8) Damage to the vessel or vessels or property; and (9) Injury to persons or lives lost. (b) The report in paragraph (a) of this section does not relieve the Pilot or others of responsibility for submitting any report required by other Coast Guard regulations or other government agencies of the United States or Canada. (c) Every United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, and Temporary Registered Pilot must file with the Director any change of their mailing address, email address, or phone number within 15 days after the change. 17. Amend § 401.300 by revising the section heading, paragraph (a) introductory text, and paragraph (b) to read as follows: ■ § 401.300 Authorization for establishment of pilotage pools. (a) Voluntary associations of United States Registered Pilots will be authorized to establish a pilotage pool or pools in the following areas of the U.S. waters of the Great Lakes designated by the President in Proclamation No. 3385 of December 22, 1960, as amended by Proclamation No. 3855 of June 10, 1968, or in such other areas as the Director may deem necessary to assure adequate and efficient pilotage services for the U.S. waters of the Great Lakes: * * * * * (b) The Director must determine the number of pilotage pools that will be authorized for establishment by voluntary associations of United States Registered Pilots in order to assure adequate and efficient pilotage services for the United States waters of the Great Lakes. 18. Amend § 401.310 by revising the heading and introductory text to read as follows: ■ § 401.310 Application for establishment of pilotage pools. An application by a voluntary association for authorization to establish a pilotage pool must be filed on the form to be obtained from the Director. The form must require, among other things, furnishing of the following information: * * * * * 19. Amend § 401.320 by revising the section heading, introductory text, and paragraphs (d)(1), (5) and (6) to read as follows: ■ E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations § 401.320 Requirements and qualifications for authorization to establish pilotage pools. No voluntary association will be authorized to establish a pilotage pool unless: * * * * * (d) * * * (1) Pilotage services will be provided on a first-come, first-serve basis to vessels giving proper notice of arrival time or pilotage service requirements, to the pilotage station, except that Pilots will not be required to board vessels which do not provide safe boarding facilities; * * * * * (5) It will be subject to such other provisions as may be prescribed by the Director governing the operation of and the costs which may be charged in connection with the pilotage pools; (6) It will coordinate on a reciprocal basis its pilotage pool operations with similar pilotage pool arrangements established by the Canadian Government and pursuant to the provisions of the United States-Canada Memorandum of Understanding, Great Lakes Pilotage, or any other arrangements established by the United States and Canadian Governments. ■ 20. Revise § 401.330 to read as follows: § 401.330 Certificates of Authorization. (a) Subject to § 401.300(b), an association that is qualified to establish a pilotage pool in a District or area is issued a Certificate of Authorization that is valid until suspended or revoked under the procedures in § 401.335. (b) A Certificate of Authorization must be in such form as the Director may prescribe, but must describe the area of the Great Lakes in which the pilotage pool will perform pilotage services. A Certificate of Authorization must be posted in the principal place of business of an association in such manner so as to be available for examination by members of the association and the public. ■ 21. Amend § 401.335 by revising paragraphs (c) through (e) to read as follows: § 401.335 Suspension or revocation of a Certificate of Authorization. ddrumheller on DSK120RN23PROD with RULES4 * * * * * (c) If the Director finds that the violation of a requirement of this part involves public health, interest, or safety, or that the violation is willful, the Director may issue an order to suspend the Certificate of Authorization without giving notice under paragraph (b) of this section. The order must VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 contain the reasons for the Director’s action. (d) A holder who has its Certificate of Authorization suspended under paragraph (c) of this section will have an opportunity to be heard by notifying the Director in writing. (e) The Director must reinstate a Certificate of Authorization that has been suspended under paragraph (b) or (c) of this section when the Director determines that the holder is complying with this part. ■ 22. Revise § 401.340 to read as follows: § 401.340 Compliance with working rules of pilotage pools. (a) United States or Canadian Registered Pilots utilizing the facilities and dispatching services of any authorized pilotage pool must comply with its working rules approved under § 402.320, except to the extent inconsistent with the dispatch orders of the Director under § 401.720(b), and with other rules of the pilotage pool that are related to those facilities and services. (b) The voluntary associations of U.S. Registered Pilots authorized to establish a pilotage pool may require a U.S. Registered Pilot to execute a written authorization for the pilotage pool to bill for services, deduct authorized expenses, and to comply with the working rules and other rules of the pilotage pool relating to such facilities and services. Facilities and services of the pilotage pool may be denied to any U.S. Registered Pilot who fails or refuses to execute such authorizations. (c) United States Registered Pilots who fail to execute such an authorization will not be considered members of the U.S. pilotage pool, and are not entitled to reciprocal dispatching and related services by United States and Canadian pilotage pools as provided for by the Memorandum of Understanding. A United States Registered Pilot who fails or refuses to avail themselves of the established facilities and services will be considered as not being continuously available for service pursuant to section 4(a) of the Great Lakes Pilotage Act of 1960 (46 U.S.C. 216 through 216i) and their agreement executed on the Application for Registration as a United States Registered Pilot, and may be subject to suspension or revocation proceedings as prescribed by § 401.250. § 401.400 [Amended] 23. Amend § 401.400 introductory text by removing the word ‘‘shall’’ and adding, in its place, the word ‘‘must’’. ■ PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 76351 24. Amend § 401.420 by revising paragraphs (a) through (c) to read as follows: ■ § 401.420 Cancellation, delay, or interruption in rendition of services. (a) Except as otherwise provided in this section, a vessel can be charged as authorized in § 401.405 of this part for the waters in which the event takes place, if— (1) A U.S. Pilot is retained on board while a vessel’s passage is interrupted; (2) A U.S. Pilot’s departure from the vessel after the end of an assignment is delayed, and the Pilot is detained on board, for the vessel’s convenience; or (3) A vessel’s departure or transit is delayed, for the vessel’s convenience, beyond the time that a U.S. Pilot is scheduled to report for duty, or reports for duty as ordered, whichever is later. (b) When an order for a U.S. Pilot’s service is cancelled, the vessel can be charged for the Pilot’s reasonable travel expenses for travel that occurred to and from the Pilot’s base, and the greater of— (1) Four hours; or (2) The time of cancellation and the time of the Pilot’s scheduled arrival, or the Pilot’s reporting for duty as ordered, whichever is later. (c) Between the dates of May 1 and November 30, a vessel or owner is not liable for charges under paragraphs (a)(1) or (2) of this section, if the Pilot’s retention or delayed departure was caused by ice or weather, as determined by the vessel Master. * * * * * 25. Revise § 401.425 to read as follows: ■ § 401.425 Provision for additional Pilot. The Director may require the assignment of two Pilots to a ship upon request of the ship or when the Director deems it necessary for the safe navigation of the ship, because of anticipated long transit, uncommon ship size, adverse weather or sea conditions or other abnormal circumstances. The charge to the ship will be twice the appropriate charge provided for in §§ 401.405, 401.407, 401.410, and 401.420. Each situation will be evaluated on a case-by-case basis. This authorization may occur at the opening and closing of the year, after the locks have opened or closed for a defined time period based upon the availability of the aids to navigation, ice conditions, weather forecasts, and other relevant information. E:\FR\FM\17SER4.SGM 17SER4 76352 § 401.427 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations [Amended] 26. Amend § 401.427 by removing the word ‘‘shall’’ and adding, in its place, the word ‘‘must’’. ■ 27. Revise § 401.430 to read as follows: ■ § 401.430 Prohibited charges. No rate or charge may be applied against any vessel, owner, or Master thereof by a United States Registered Pilot that differs from the rates and charges set forth in this part, nor may any rates or charges be made for services performed by a United States Registered Pilot, or for support services directly related to the provision of pilotage that a United States Registered Pilot requires a vessel to utilize, other than those for which a rate is prescribed in this part, without the approval of the Director. ■ 28. Revise § 401.431 to read as follows: ddrumheller on DSK120RN23PROD with RULES4 § 401.431 Disputed charges. (a) Any rate or charge applied against any vessel, owner, or Master thereof by a Registered Pilot or pilot association that the owner or Master disputes as a charge prohibited by § 401.430 may be appealed to the Director, within 60 business days of the date the pilot association issues the bill, for an advisory opinion as to whether such rate or charge is a prohibited charge. (b) The appeal must be official correspondence from either the vessel owner, vessel charterer, or an agent or employee empowered to speak on behalf of the owner or charterer. The appeal must be supported by evidence that a reasonable attempt has been made to resolve the matter between the parties and that a bona fide controversy exists. The correspondence must articulate the following: (i) Vessel name, date of service, and reference number for the invoice/bill; (ii) Exact amount of dispute; (iii) Regulatory citation for dispute; and (iv) Requested resolution. (c) The pilot association must be furnished with a copy of the appeal and be notified by the owner or charterer that the matter has been appealed for an advisory opinion. (d) The pilot association must be allowed 20 business days from receiving the notice of appeal in which to provide any data or arguments desired to be submitted in further defense of the disputed charges. (e) The Director must consider all relevant matters presented and issue an advisory opinion within 30 business days of receiving the pilot association’s submission(s) per paragraph (d) of this VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 section. The advisory opinion must set forth the rates and charges in dispute, a discussion of the facts and relevant information considered, and a statement of opinion. (f) When the opinion of the Director is that the disputed rates or charges are prohibited by § 401.430, the respondent must refund moneys, adjust invoices, and otherwise conform to the advisory opinion within thirty (30) business days. (g) Failure or refusal to comply with the advisory opinion within the time allowed may form a basis for a determination that there is a violation of the Great Lakes Pilotage Regulations subject to the provisions of § 401.500. (h) The pilot association or vessel owner may appeal the advisory opinion to the Director of Marine Transportation Systems (CG–5PW), no later than 10 business days after receiving the advisory opinion, for a final adjudication. ■ 29. Amend § 401.450 by revising the introductory text and paragraphs (b), (i), and (k) to read as follows: § 401.450 Pilot change points. A Registered Pilot’s assignment is completed when the vessel to which they are assigned completes its arrival at or, in the case of a through trip, passes any of the following places: * * * * * (b) Iroquois Lock, Ogdensburg, NY; * * * * * (i) Buoy 33, St. Marys River, Point Iroquois; * * * * * (k) Duluth/Superior and Fort William/ Port Arthur with respect to assignments originating at Buoy 33. ■ 30. Revise § 401.451 to read as follows: § 401.451 Pilot rest periods. (a) Except as provided in paragraph (b) of this section: (1) Each United States Registered Pilot upon completing an assignment at a change point designated in § 401.450, and (2) Each United States Registered Pilot upon completing a series of assignments totaling more than 10 hours with no more than 2 hours rest between assignments, must not perform pilotage services for at least 10 hours. (b) In the event of an emergency or other compelling circumstances a pilotage pool may assign a United States Registered Pilot for service before their 10-hour rest period required under paragraph (a) of this section is completed. Pilotage pools must advise the Director of each assignment made under this paragraph. PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 31. Revise the heading of Subpart E to read as follows: ■ Subpart E—Penalties; Operations without Registered Pilots 32. Revise § 401.500 to read as follows: ■ § 401.500 Penalties for violations. Any person, including a Pilot, Master, owner, or agent, who violates any provision of this part may be liable to the United States for a civil penalty as set forth in 46 U.S.C. 9308. ■ 33. Revise § 401.510 to read as follows: § 401.510 Pilots. Operation without Registered (a) A vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian Registered Pilot when the vessel or its cargo is in distress or jeopardy. (b) A vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian Registered Pilot only when the Director, with the concurrence of the Commander, 9th Coast Guard District, notifies the Master that a United States or Canadian Registered Pilot is not available. (1) Notification to the Master that a Pilot is not available will be made by the Director, either directly to the vessel or through the appropriate pilotage pool, orally or in writing as the circumstances permit, and must not be deemed given until the notice is actually received by the vessel. (2) The determination that a Pilot is not available will be made on an individual basis and only when a vessel has given proper notice of its pilotage service requirements to the pilotage pool having dispatching jurisdiction at the time. The vessel has no obligation or responsibility with respect to such notification other than properly informing the pilotage pool of its pilotage requirements. However, the failure or delay by the pilotage pool in processing a pilotage service request, or refusal or delay by the Director in notifying the vessel that a Pilot is not available, does not constitute constructive notice that a Pilot is not available, and the vessel is not relieved by such failure or delay from compliance with the Great Lakes Pilotage Act of 1960. (3) In the event of an emergency or any other compelling circumstance, the Director may issue, without the specific request for service as provided under paragraph (b)(2) of this section, individual or general notification that a E:\FR\FM\17SER4.SGM 17SER4 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations Pilot or Pilots are not available. Pilotage pools must advise the Director of any condition or circumstance coming to their attention which may warrant such a determination. ■ 34. Revise § 401.615 to read as follows: § 401.615 Representation. (a) The United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot designated ‘‘respondent’’ in a suspension or revocation hearing or ‘‘applicant’’ in a refusal-to-renew-registration hearing, may be represented before the Administrative Law Judge by any person who is a member in good standing of the bar of the highest court of any State, Commonwealth, Territory, Possession, or the District of Columbia, upon filing with the Administrative Law Judge a written declaration that they are currently qualified and are authorized to represent the particular party in whose behalf they act. (b) Whenever a person acting in a representative capacity appears in person or signs a paper in practice before the Administrative Law Judge, Director, Commandant, the Administrator, or other official of the U.S. Coast Guard, their personal appearance or signature constitutes a representation that under the provisions of this subpart and applicable law they are authorized and qualified to represent the particular person in whose behalf they act. (c) When any United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registered Pilot is represented by an attorney at law, any notice or other written communication required or permitted to be given to or by such a Pilot must be given to or by such attorney. If a Pilot is represented by more than one attorney, service by or upon any one of such attorneys is sufficient. ■ 35. Revise § 401.630 to read as follows: ddrumheller on DSK120RN23PROD with RULES4 § 401.630 Appearance, testimony, and cross-examination. (a) The U.S. Registered Pilot may appear in person or by counsel and may testify at the hearing, call witnesses on their own behalf, and cross-examine witnesses appearing on behalf of the Director. (1) In any case in which the U.S. Registered Pilot, after being duly served with the notice of the time and place of the hearing, fails to appear at the time and place specified for the hearing, a notation to that effect must be made in VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 the record and the hearing may then be conducted ‘‘in absentia.’’ (2) The Administrative Law Judge must also cause to be placed in the record all the facts concerning the issuance and service of the notice of hearing and the allegations against the U.S. Registered Pilot. (b) The Director, through counsel, must appear, present evidence, call witnesses, and cross-examine the witnesses called on behalf of the U.S. Registered Pilot. (c) At the discretion of the Administrative Law Judge, other witnesses may testify at the hearing. ■ 36. Revise § 401.635 to read as follows: § 401.635 Evidence which must be excluded. The Administrative Law Judge presiding at the hearing must exclude irrelevant, immaterial, or unduly repetitious evidence. ■ 37. Revise § 401.640 to read as follows: § 401.640 Record for decision. The transcript of testimony and oral argument at the hearing, together with any exhibits received, will be made part of the record for decision, and the record will be available to the respondent or applicant on payment of costs thereof. ■ 38. Revise § 401.645 to read as follows: § 401.645 Administrative Law Judge’s decision; exceptions thereto. At the conclusion of the hearing, the parties may submit briefs and recommended conclusions and findings within such time as the Administrative Law Judge determines appropriate. The Administrative Law Judge will thereafter issue a written initial decision in the case, which decision will be final and binding upon the Director, except as provided in § 401.650. ■ 39. Revise § 401.650 to read as follows: § 401.650 Review of Administrative Law Judge’s initial decision. (a) The Commandant may, on their own motion, or on the basis of a petition filed by the United States Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or Temporary Registration Pilot in the proceedings of the Commandant, review any initial decision of the Administrative Law Judge by entering a written order stating that they elect to review the action of the Administrative Law Judge. Copies of all orders for review, replies, and decisions must be served on all parties. PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 76353 (b) A petition for review must be in writing and must state the grounds upon which the petition relies. A petition for review must be limited to the record before the Administrative Law Judge. A hard copy or electronic version of such a petition for review, together with proof of service on all parties, must be filed with the Commandant (CL) within fifteen (15) days after the date of service of the initial decision of the Administrative Law Judge. Parties may file replies, in writing, to a petition for review, with proof of service on other parties in the same manner and number of copies as is provided for filing of a petition for review and within ten (10) days after the date the petition for review is timely filed. A reply must be limited to the record before the Administrative Law Judge and the petition for review. (c) The initial decision of an Administrative Law Judge will be made final; (1) Fifteen (15) days after the timely filing of a petition to review unless a reply is filed thereto, or the Commandant enters a written order granting the petition for review; or (2) Twenty (20) days after the date of service of the Administrative Law Judge’s decision if no petition for review is filed and the Commandant does not elect to review on his or her own motion. (d) If the Commandant reviews the initial decision as provided in this section, they must issue a written order affirming, amending, overruling, or remanding the initial decision of the Administrative Law Judge within thirty (30) days after the date on which they take review. There is no other administrative remedy within the Department of Homeland Security. (e) When the Commandant has sustained an order of suspension or revocation of a registration, the respondent may appeal to the National Transportation Safety Board under 49 CFR 825.5 within ten (10) days after service of the Commandant decision. ■ 40. Revise § 401.700 to read as follows: § 401.700 Operating requirements for United States Registered Pilots. Each United States Registered Pilot must— (a) Provide pilotage service when dispatched by their pilotage pool; and (b) Comply with the dispatching orders of the Director under § 401.720 (b). ■ 41. Amend § 401.710 by revising the introductory text and paragraphs (a) through (c) to read as follows: E:\FR\FM\17SER4.SGM 17SER4 76354 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations § 401.710 Operating requirements for holders of Certificates of Authorization. Each holder of a Certificate of Authorization must— (a) Comply with the terms of any agreement for services by United States Registered Pilots on the Great Lakes between an appropriate agency of Canada and the Secretary, their designated agent, or the Director; (b) Coordinate on a reciprocal basis its pilotage pool operations with pilotage pool operations of the Canadian Government, under the ‘‘Memorandum of Understanding, Great Lakes Pilotage, Between The United States Coast Guard and The Great Lakes Pilotage Authority,’’ effective September 19, 2013; (c) Provide continuous arrangements and facilities for the efficient dispatching of pilotage service on a firstcome, first-serve basis to vessels that give notice of pilotage service requirements to the pilotage dispatch station, except Pilots are not required to board a vessel that does not furnish safe boarding facilities; * * * * * PART 402—GREAT LAKES PILOTAGE RULES AND ORDERS 42. The authority citation for part 402 is revised to read as follows: ■ Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; DHS Delegation No. 00170.1, Revision No. 01.4. 43. Revise § 402.210 to read as follows: ■ § 402.210 Requirements and qualifications for registration. Pursuant to § 401.210(a)(4), each applicant for an original registration at the time of application and each Applicant Trainee, Apprentice Pilot, United States Registered Pilot, and Temporary Registered Pilot is required to pass a physical examination in accordance with subpart C of 46 CFR part 10. ■ 44. Revise § 402.220 to read as follows: § 402.220 Registration of Pilots. ddrumheller on DSK120RN23PROD with RULES4 (a) Each Apprentice Pilot must complete the minimum number of VerDate Sep<11>2014 18:44 Sep 16, 2024 Jkt 262001 round trips specified in this section prior to registration as a United States Registered Pilot. The round trips must be made in company with a United States Registered Pilot or Temporary Registered Pilot, on oceangoing vessels that have a gross tonnage of at least 4,000. The pilot association training committee, pilot association president, or Director may require additional round trips to demonstrate proficiency for a given waterway or specific port in order to ensure maritime safety. The minimum number of round trips listed here is not intended to guarantee completion of a training plan or advancement towards Full Registration. (1) If the Apprentice Pilot holds a Master endorsement, a minimum of five round trips are required over the waters for which registration is desired. (2) If the Apprentice Pilot holds a Chief Mate endorsement or a Second Mate endorsement, or holds a FirstClass Pilot endorsement with service in the capacity of First Mate or Second Mate, a minimum of eight round trips are required over the waters for which registration is desired. (3) If the Apprentice Pilot holds a First-Class Pilot endorsement or a Third Mate endorsement, a minimum of twelve round trips are required over the waters for which registration is desired. (b) No course of instruction prescribed by a pilot association will be approved unless it includes the following minimum criteria: (1) Instruction in the maneuvering characteristics of various types of vessels and propulsion machinery, including the characteristics of directdrive motor, geared-drive motor, turboelectric, steam turbine and steam reciprocating drives. Study of maneuvering characteristics to include turning radius, times and distances to stop, time to back, etc. (2) Instruction in the effects of oceangoing vessels in restricted waters. (3) Instruction in the use of tugs, docking procedures in locks and piers, and transiting bridges. (4) Instruction in search and rescue and civil defense procedures as issued by the U.S. Coast Guard, Federal, State, and local port authorities. PO 00000 Frm 00044 Fmt 4701 Sfmt 9990 (5) Instruction in communication, security, and signal procedures applicable to U.S. registered and foreign vessels on the Great Lakes as prescribed by the U.S. Coast Guard, St. Lawrence Seaway Development Corporation, U.S. Corps of Army Engineers, and port authorities. (6) Instruction in Customs, Immigration, Quarantine, Department of Agriculture, and Coast Guard regulations applicable to U.S. registered and foreign vessels on the Great Lakes. (7) Instruction in the Great Lakes Pilotage Act of 1960; Great Lakes Pilotage Regulations; Presidential Proclamation of December 22, 1960; and Memorandum of Understanding, Great Lakes Pilotage, Between The United States Coast Guard and The Great Lakes Pilotage Authority, effective September 19, 2013. (8) Instruction in miscellaneous subjects including man-overboard recovery (i.e., Williamson turn); collision, fire, and explosion procedures; and maneuvering in ice. ■ 45. Revise the heading of Subpart C to read as follows: Subpart C—Establishment of Pilotage Pools by Voluntary Associations of United States Registered Pilots 46. Revise § 402.320 to read as follows: ■ § 402.320 Working rules. Sections 401.320(d)(2) and (6) of this chapter require that voluntary associations of United States Registered Pilots authorized to establish pilotage pools agree to submit Working Rules for approval of the Director and that they will coordinate their pilotage pool operations with Canada on a reciprocal basis. The approved Working Rules of each pilot district are on file in the office of the Director and may request a copy of the Working Rules by emailing GreatLakesPilotage@uscg.mil. Dated: August 28, 2024. W.R. Arguin, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2024–19839 Filed 9–16–24; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\17SER4.SGM 17SER4

Agencies

[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 76312-76354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19839]



[[Page 76311]]

Vol. 89

Tuesday,

No. 180

September 17, 2024

Part V





Department of Homeland Security





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Coast Guard





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46 CFR Parts 10, 401, and 402





Great Lakes Pilotage Modernization; Final Rule

Federal Register / Vol. 89 , No. 180 / Tuesday, September 17, 2024 / 
Rules and Regulations

[[Page 76312]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10, 401, and 402

[Docket No. USCG-2022-0025]
RIN 1625-AC79


Great Lakes Pilotage Modernization

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending certain Great Lakes Pilotage 
regulatory requirements to align with current Coast Guard and U.S. 
pilot association operations and pilotage practices. This final rule 
clarifies the different phases of training and types of registrations 
for Pilots who work on the Great Lakes, eliminates outdated practices 
and redundant requirements, and adds much needed structure regarding 
the billing dispute process.

DATES: This final rule is effective October 17, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to www.regulations.gov, type USCG-2022-0025 
in the search box and click ``Search.'' Next, in the Document Type 
column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Mr. Vincent Berg, Coast Guard; telephone 202-906-0835, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

I. Abbreviations

The Act The Great Lakes Pilotage Act of 1960
CFR Code of Federal Regulations
DHS Department of Homeland Security
Director Director, Great Lakes Pilotage
Form CG-4509 Application for Registration as a United States 
Registered Pilot
FR Federal Register
GLPAC Great Lakes Pilotage Advisory Committee
GLPMS Great Lakes Pilotage Management System
GT Gross tonnage
ID Identification
MMC Merchant Mariner Credential
MOU Memorandum of Understanding
NPRM Notice of proposed rulemaking
NAICS North American Industry Classification System
OMB Office of Management and Budget
REC Regional Exam Center
Sec.  Section
SME Subject matter expert
STCW Standards of Training, Certification, and Watchkeeping for 
Seafarers
TWIC Transportation Workers Identification Credential
U.S.C. United States Code

II. Basis and Purpose

    The legal basis of this rulemaking is Title 46 of the United States 
Code (U.S.C.), Chapter 93,\1\ which requires each foreign vessel and 
each vessel of the United States operating ``on register,'' meaning 
United States vessels engaged in foreign trade, to use United States or 
Canadian Pilots while transiting the United States waters of the St. 
Lawrence Seaway and the Great Lakes system.\2\ For U.S. Great Lakes 
Pilots, 46 U.S.C. 9303(a) requires the Secretary to prescribe, by 
regulation, standards of competency to be met by each applicant for 
registration as a Great Lakes Pilot. Additionally, sections 9303(c) and 
(d) authorize the Secretary to prescribe regulations establishing the 
validity period of Great Lakes Pilot's registration and other 
conditions for service respectively. The Secretary's duties and 
authority under 46 U.S.C. Chapter 93 have been delegated to the Coast 
Guard.\3\
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    \1\ 46 U.S.C. 9301-9308.
    \2\ 46 U.S.C. 9302(a)(1).
    \3\ Department of Homeland Security (DHS) Delegation No. 
00170.1, Revision No. 01.4, paragraph II (92)(f). See https://dhsconnect.dhs.gov/org/comp/mgmt/policies/Delegations/00170.1.pdf.
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    The purpose of this final rule is to update the Great Lakes 
pilotage regulations in title 46 of the Code of Federal Regulations 
(CFR) parts 401 and 402 and part 10 of the Merchant Marine Officers and 
Seamen regulations to reflect the current pilotage terms and practices 
used by the Coast Guard and U.S. pilot association operations. We 
proposed these changes in a notice of proposed rulemaking (NPRM) for 
this final rule, published November 21, 2023 (88 FR 81294). While the 
regulations in the current CFR do not conflict with our current 
practices, they do not fully reflect the current Apprentice Pilot 
training requirements and titles for Pilot progression. Accordingly, 
the Coast Guard updates the current CFR as follows:
    1. Redefines the different phases of Pilot registration, which 
generally follow this progression: ``Applicant,'' ``Applicant 
Trainee,'' ``Apprentice Pilot,'' ``Limited Registration,'' ``Full 
Registration,'' and ``Temporary Registered Pilot'';
    2. Adds ``marine accident'' to the definitions section to clarify a 
Pilot's reporting requirements;
    3. Clarifies training benchmarks to ensure registration of 
qualified mariners and to help retain experienced U.S. Registered 
Pilots;
    4. Aligns medical requirements and Radar Observer training 
requirements for U.S. Registered Pilots with the Merchant Mariner 
Credential (MMC) and manning regulations in 46 CFR parts 10-15;
    5. Clarifies the pilotage billing dispute process with respect to 
when a vessel is and is not liable for charges; and
    6. Removes outdated provisions, including dates and terms, from the 
Transportation Workers Identification Credential (TWIC), the foreign 
language requirements for navigation, the 1-year time limit for 
applicants to complete training, and other regulations that were 
written when both the Department of Commerce and the Coast Guard had 
regulatory authority over U.S. pilotages services.
    In addition, this final rule capitalizes endorsements for 
uniformity in the regulations and corrects some terminology for gender 
neutrality.
    The Coast Guard believes that the updated registration process in 
this rule ensures that regulations reflect current training practices, 
while keeping within the statutory mandate to prescribe standards of 
competency in 46 U.S.C. 9303(a). The updates also align with the 
program's goals of promoting competent, safe, efficient, and reliable 
pilotage service throughout the Great Lakes and St. Lawrence Seaway, 
promoting commerce, and protecting the marine environment.

III. Background

    Chapter 93 of Title 46 of the U.S.C. establishes a system of 
compulsory pilotage on the Great Lakes, requiring that each vessel of 
the United States operating ``on register,'' meaning United States 
vessels engaged in any commercial activity, and all foreign vessels, 
use a United States or Canadian Registered Pilot when operating on the 
Great Lakes.
    Great Lakes Pilots use in-depth local knowledge, seasoned 
navigational and

[[Page 76313]]

ship handling expertise, and informed independent judgment to guide 
both U.S. and foreign oceangoing commercial vessels safely in and out 
of Great Lakes' ports and waterways. Congress made pilotage use 
compulsory in 1960, following the 1959 opening of the St. Lawrence 
Seaway that led to a surge in shipping traffic. To ensure navigational 
safety for this new class of ocean-going vessels operating on the Great 
Lakes, Congress enacted the Great Lakes Pilotage Act of 1960 (hereafter 
``the Act'').\4\
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    \4\ See The Great Lakes Pilotage Act of 1960, Public Law 86-555, 
June 30, 1960, as amended (codified at 46 U.S.C. 9301 et seq.).
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    The regulations for Pilot application and registration appear in 46 
CFR parts 401 and 402. These regulations require that mariners applying 
for Pilot registration meet minimum requirements and qualifications and 
file an application form with the Director. While the Coast Guard is 
responsible for publishing an annual rule that sets pilotage rates, 46 
CFR parts 401 and 402 have not been otherwise substantively updated 
since the early 1960s. As a result, these regulations are not in 
alignment with current practices by the Coast Guard and the pilotage 
industry operating on the Great Lakes.
    In 2017, the Coast Guard asked the Great Lakes Pilotage Advisory 
Committee (GLPAC) to help the Coast Guard identify existing 
regulations, guidance, and collections of information (that fall within 
the scope of the Committee's charter) for possible repeal, replacement, 
or modernization.\5\ In March 2018, GLPAC made several unanimous 
recommendations to update or remove outdated regulatory requirements 
from 46 CFR parts 401 and 402.\6\ In a September 10, 2018, meeting, 
GLPAC also unanimously recommended that the Coast Guard explore 
deadlines for contesting pilotage service invoices in part 402.\7\ The 
GLPAC recommendations are strongly supported by the Pilots who provide 
the pilotage services, ports and cargo agents who rely on the pilotage 
services, and the shippers who pay for the pilotage services.
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    \5\ 82 FR 34909, July 27, 2017.
    \6\ Reg Reform Sub-Committee Teleconference Minutes (Mar. 5, 
2018) (available at https://www.regulations.gov/document/USCG-2022-0025-0002).
    \7\ GLPAC 2018 Annual Meeting Transcript at p. 171 (Sept. 10, 
2018) (available at https://www.regulations.gov/document/USCG-2022-0025-0003).
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    In addition, the Coast Guard has identified several other areas for 
revision. Ambiguities in regulatory text have caused confusion for 
Pilots regarding training and registration instructions. In this 
rulemaking, the Coast Guard clarifies the different phases of training 
and types of registrations for Pilots who work on the Great Lakes. This 
includes clarifying the differences between Temporary and Limited 
Registration, and which Pilots are eligible for those registrations.
    This rule affects approximately 51 United States Registered Pilots, 
9 Apprentice Pilots, and 3 Temporary Registered Pilots on the Great 
Lakes, as well as 3 district pilot associations, and the owners and 
operators of approximately 293 vessels opting to use those Pilots or 
statutorily required to use those Pilots.

IV. Discussion of Comments and Changes

    The Coast Guard received four relevant comments on the proposed 
rule and made three changes from the proposed regulatory text as a 
result.
    The first of these changes is to 46 CFR 401.420(c). Originally, 
this section relieved the owner of a vessel for liability for charges 
incurred during an interruption or detention caused by ice or weather, 
when the vessel Master and Pilot agreed that the interruption was 
necessary. One commenter sought guidance on the required mutual 
determination between the vessel Master and Pilot. The Coast Guard 
agrees that this language creates a point of friction that may cause 
issues on board. For that reason, we are removing the proposed language 
``as determined by the vessel Master and the United States Registered 
Pilot, Apprentice Pilot with Limited Registration, or Temporary 
Registered Pilot authorized to provide pilotage services to the 
vessel.'' Pursuant to 46 U.S.C. 9302(a), in both designated and 
undesignated waters, the law provides that navigational decisions are 
always subject to the customary authority of the Master. As such, the 
decision to delay sailing should be made by the vessel Master with the 
advice of the United States Registered Pilot in consideration of all 
prevailing circumstances. We trust these experienced mariners to make 
the correct choice and do not want to insert ourselves in time-
sensitive decisions on the bridge while a vessel is underway. As such, 
no joint agreement needs to be made or proved. This change thus also 
clarifies liability determinations under this paragraph, as the vessel 
Master's conclusion regarding the cause of the interruption is a 
critical factor for whether the exception to liability under 46 CFR 
401.420(c) applies.
    The second change from the proposed regulatory text is in 46 CFR 
10.302(b). The existing language required that ``Medical examinations 
for Great Lakes Pilots must be conducted by a licensed medical doctor 
in accordance with the physical exam requirements in 46 CFR 402.210'' 
(emphasis added). The existing language of 46 CFR 402.210, in turn, 
reiterated the requirement that the examination be conducted by a 
licensed medical doctor. In the proposed rule, we discussed how only 
Great Lakes Pilots were limited to have their physical examinations 
performed by a licensed medical doctor (88 FR at 81305). We proposed to 
modify 46 CFR 402.210 to align the Great Lakes Pilots' medical 
requirements with the less burdensome merchant mariner requirements, 
which allowed medical examination to be performed, witnessed, or 
reviewed by a licensed medical doctor, licensed physician assistant, 
licensed nurse practitioner, or a designated medical examiner. We 
neglected, however, to also propose removing the licensed medical 
doctor requirement for Great Lakes Pilots contained in 46 CFR 
10.302(b).
    Two commenters, who represent nurse practitioners and physician 
assistants, requested that we modify 46 CFR 10.302(b) to remove the 
requirement that the exam be conducted by a licensed medical doctor for 
Great Lakes Pilots. We agree. In the proposed rule, we overlooked the 
mention of Great Lakes pilotage medical requirements in 10.302(b). With 
this final rule, we remove the language specific to Great Lakes Pilots 
medical examination from 10.302(b). This additional change ensures 
Great Lakes Pilots will follow the same medical examination 
requirements that apply to other mariners in 10.302(b) (``Any required 
test, exam, or demonstration must have been performed, witnessed, or 
reviewed by a licensed medical doctor, licensed physician assistant, 
licensed nurse practitioner, or a designated medical examiner''). 
Updating this regulatory text fully implements the change we proposed 
in the proposed rule for medical examination requirements in 402.210. 
Nurse practitioners and physician assistants both possess the requisite 
skill needed to conduct this kind of physical exam. Allowing them to 
provide Pilots with this service makes the application process more 
efficient and fully aligns with the Coast Guard medical regulations for 
all other credentialed mariners. To accommodate this change, the Coast 
Guard will make corresponding edits to 46 CFR 402.210 to remove the 
requirement that Great Lakes Pilots can only use a licensed medical 
doctor.

[[Page 76314]]

    In addition to the above, we are changing the proposed definition 
of ``Temporary Registered Pilot'' to remove the requirement that a 
pilot association must first request a retired Pilot's services before 
the Pilot can begin the process of acquiring a Temporary Pilot 
Identification (ID) Card. This change is administrative in nature and 
is intended to allow retired Pilots to become certified as Temporary 
Registered Pilots before a District requests their services. This is 
intended to enhance safety and create a system where Temporary 
Registered Pilots are immediately available when unexpected demand 
requires an extra Pilot. This aligns with the Director's responsibility 
and authority in 46 CFR 401.720 to maintain safety and to ensure 
sufficient Pilot capacity to facilitate maritime commerce, to protect 
the marine environment, and to comply with National Transportation 
Safety Board recommendations regarding staffing and fatigue mitigation.
    In addition to those comments that precipitated changes from what 
we proposed in the NPRM, commenters raised a number of questions that 
required responses, but have not led to the Coast Guard making further 
changes from the proposed rule.
    One commenter, a pilotage district, asked if they can continue to 
use Canadian Pilots for training and, if so, does the proposed Sec.  
401.211(d) apply to them. Our answer is yes, a Canadian Pilot can train 
the Apprentice Pilot with the Director's prior approval. Canadian 
Pilots, like United States Pilots, must be approved by the Director to 
be eligible to provide training. The use of Canadian Pilots for 
training is a past and current practice, and the Director will continue 
to approve these Pilots if necessary. We expect this to be a rare 
occurrence; especially with the Western Great Lakes Pilots Association, 
because this association is responsible for all the dispatching in its 
area of responsibility.
    The same commenter asked us to change the reporting deadlines from 
August and January 15th to the end of each month. We disagree with 
adjusting the dates. Particularly when it comes to January, we believe 
that the closer the deadline is to date when the Seaway Locks close, 
the easier it is for the districts to comply. All United States 
Registered Pilots are required to be available; the association 
employees should be available and on site, and the cost to obtain the 
required information is less than recalling someone after the office 
has been closed/modified for winter navigation.
    This commenter also asked the Coast Guard to further define the 
term ``weather,'' within the context of the proposed Sec.  401.420. We 
defer to the plain meaning of the word. We trust the Master and the 
Pilot to use their respective expertise to determine whether it is safe 
to proceed. We will determine if the costs are allowed on a case-by-
case basis.
    Another issue the commenter raised was whether, under the new Sec.  
401.420, a Pilot must be paid for time spent on an anchored vessel 
during a delay caused by ice or weather. The answer depends on the time 
of year when the delay occurs. From May 1 to November 30, vessels are 
not liable for charges for weather-related interruptions or delays. In 
the colder months, from December 1 to April 30, Pilots may bill for 
time lost during delays. This distribution of liability is designed to 
spread the risk of liability among Great Lakes stakeholders and to 
encourage decisionmakers to make a determination based on safety prior 
to the Pilot departing for the vessel. We can add this topic to a 
future Great Lakes Pilotage Advisory Committee Meeting Agenda to 
determine the merits of changing the status quo.
    None of the public comments prompted changes to the methodology 
used for the regulatory analysis. Further, there are no more recent 
wages available at the time of the final analysis. Therefore, the 
regulatory analysis for this final rule is as published in the NPRM 
with no changes.

V. Discussion of the Rule

A. Summary of Changes

    This rule makes several changes to 46 CFR parts 401 and 402 to 
clarify nomenclature, and to align these regulations with current 
practice and with other relevant regulations and plain language 
guidelines. The changes are summarized here and discussed in detail, 
section-by-section, below.\8\
---------------------------------------------------------------------------

    \8\ As discussed earlier, this rule also makes one change to 46 
CFR part 10.
---------------------------------------------------------------------------

    The most substantial change is updating the definitions section in 
part 401, subpart A. This clarifies the phases of transition through 
the registration process and adds definitions for miscellaneous terms 
to clarify their application in other subparts.
    The Coast Guard also updates each instance of the affected terms, 
based on the new definitions that appear elsewhere in parts 401 and 
402. Additionally, the Coast Guard changes the application and training 
requirements for the different phases of pilotage registration in part 
401, subpart B, that follow this progression: ``Applicant,'' 
``Applicant Trainee,'' ``Apprentice Pilot,'' ``Limited Registration,'' 
``Full Registration,'' and ``Temporary Registered Pilot.''
    The Coast Guard aligns these regulations with current Pilot 
training practices and clarifies the obligations that mariner 
applicants must fulfill before advancing to the next phase of 
registration.
    The Coast Guard is changing the regulations covering the 
administration of Registered Pilots located in subparts B, C, D, E, and 
G and bringing the regulations into conformity with modern Pilot 
administrative practices. Many of the specific requirements reference 
outdated locations, contact information, and procedures. Those 
antiquated references make the regulations difficult to understand, and 
these changes bring much needed clarity to the regulations imposed on 
Registered Pilots.
    The last category of changes is a series of technical amendments 
that bring the regulations into conformity with the Federal Plain 
Language Guidelines (available at https://www.plainlanguage.gov/guidelines/).
    A section-by-section description of the changes follows. Some 
sections--Sec. Sec.  401.100, 401.120, 401.300 through 401.340, 
401.400, 401.427, 401.430, 401.451, 401.500, 401.615 through 650, 
401.700--are not included in these descriptions. This is because the 
changes to these sections are technical amendments, like capitalizing 
``U.S. Registered Pilots'', or changing the word ``pool'' to ``pilotage 
pool'' to be more precise.

B. Definitions

    The Coast Guard makes several changes to Sec.  401.110 to update 
the phases of Pilot registration; to add definitions to terms that are 
commonly used by industry members, but not reflected in the CFR; to 
revise definitions for terms whose meaning has changed since the last 
update to these regulations; and to remove definitions for terms that 
are no longer used or applicable to these regulations.
Updated Phases of Pilot Registration
    In Sec.  401.110, the Coast Guard redefines the different stages of 
Pilot registration to clarify the transitions through the registration 
process. At present, there are training phases that are commonly used 
by Pilots in practice but lack precise legal definitions. This can lead 
to confusion for Pilot applicants as to what is required of them before 
advancing to the next phase.
    The Coast Guard adds the following terms and their definitions, 
currently

[[Page 76315]]

used in practice, to the CFR: ``Applicant'' and ``Temporary Registered 
Pilot''. The Coast Guard redefines the following terms already existing 
in the CFR: ``Apprentice Pilot,'' ``Limited Registration'', and 
``Applicant Trainee''. The general progression is as follows: 
Applicant, Applicant Trainee, Apprentice Pilot, Limited Registration, 
Full Registration (which we also refer to as a United States Registered 
Pilot or U.S. Registered Pilot in the regulations), and Temporary 
Registered Pilot. This clarifies the differences between the terms and 
phases. We describe these updates, in turn, below.
Applicant
    The Coast Guard adds the term Applicant and its definition to the 
CFR. Applicant means a person who has submitted an Application for 
Registration as a United States Registered Pilot (Form CG-4509 or 
``application'') to the Director for consideration for placement in an 
approved United States Great Lakes Pilot training and qualification 
program at an association. The Director reviews the application to see 
if the Applicant meets the minimum requirements, per Sec.  401.210.
Applicant Trainee
    The Coast Guard redefines the term Applicant Trainee that currently 
appears in the CFR. Redefined, Applicant Trainee means a person who is 
approved by the Director and is participating in an approved U.S. Great 
Lakes Pilot training and qualification program, and who meets the 
minimum requirements of the pilotage regulations in the new Sec.  
401.214 for Applicant Trainees. These requirements are spelled out in 
further detail in part C of this section, Updates to Training 
Requirements for Pilots. The Applicant Trainee does not have the 
necessary 6 months of service or experience on the Great Lakes or an 
endorsement on their MMC to qualify as an Apprentice Pilot. The 
Director issues the Applicant Trainee a U.S. Coast Guard Applicant 
Trainee ID Card.
    In practice, the Applicant Trainee spends at least 6 months at the 
district by closely observing Registered Pilots while underway on all 
waters of the district. During this period, the Applicant Trainee will 
gain experience on the district's waters and ports, develop a 
professional rapport with the Association Pilots and see how a Pilot 
coordinates service with a vessel's Master and crew, escort tugs and 
lock operators. These trips, conducted as an Applicant Trainee, do not 
count toward the minimum number of round trips required for Full 
Registration. Once the Applicant Trainee completes the familiarization 
in the district waters, the association can request the Applicant 
Trainee become an Apprentice Pilot in the district's training and 
qualification program. The Applicant Trainee is not eligible for a 
Limited or Temporary Registration.
Apprentice Pilot
    The Coast Guard redefines the term Apprentice Pilot that currently 
appears in the CFR. Redefined, Apprentice Pilot means a person who has 
been approved by the Director and is participating in an approved U.S. 
Great Lakes Pilot training and qualification program. The mariner meets 
the minimum requirements in revised Sec.  401.211. The Director issues 
the Apprentice Pilot a U.S. Coast Guard Apprentice Pilot ID Card. The 
requirements for an Apprentice Pilot are discussed further in the 
preamble with the changes to Sec.  401.211.
    Apprentice Pilots possess a minimum of 6 months of pilotage 
experience on the Great Lakes and typically have a First-Class Pilot 
endorsement on their MMC for the waters in which Full Registration is 
sought. The Apprentice Pilot is required to complete round trips until 
the Apprentice Pilot demonstrates proficiency, accompanying a U.S. 
Registered Pilot or Temporary Registered Pilot, upbound and downbound 
in the district's waters, and inbound to and outbound from ports, in 
accordance with their individual training plan.
Limited Registration
    The Coast Guard redefines the term Limited Registration that 
currently appears in the CFR. Limited Registration means an 
authorization issued by the Director via letter to an Apprentice Pilot, 
upon the request of the pilot association, that allows the Apprentice 
Pilot to provide pilotage service without direct supervision from a 
U.S. Registered Pilot or Temporary Registered Pilot in a specific area 
or waterway to facilitate the Apprentice Pilot's training. The 
requirements for a Limited Registration are discussed with the changes 
to Sec.  401.211 in new paragraph (k).
Full Registration
    The Coast Guard adds the term Full Registration and its definition 
to the CFR. Full Registration means the issuance of a Certificate of 
Registration ID card, by the Director, to an Apprentice Pilot, who 
meets and completes the Coast Guard's registration requirements in the 
new Sec. Sec.  401.210, 401.211, 402.210, and 402.220. These 
requirements are discussed further in part C of this section, Updates 
to Training Requirements for Pilots.
    Generally, if the Apprentice Pilot satisfies all the Coast Guard's 
registration requirements and the pilot association's requirements and 
has maintained favorable performance evaluations during the training 
program, the Apprentice Pilot advances to Full Registration. The pilot 
association can request that the Director consider an Apprentice Pilot 
for Full Registration as a United States Registered Pilot. The Director 
can approve or deny the request. If approved, the Director issues the 
Apprentice Pilot a Certificate of Registration, making them a fully 
Registered Pilot. Full Registration makes the Apprentice Pilot a United 
States Registered Pilot, who may provide pilotage services for the 
relevant pilot association, in accordance with the pilotage 
regulations.
Temporary Registered Pilot
    The Coast Guard adds the term Temporary Registered Pilot and its 
definition to the CFR. A Temporary Registered Pilot means a person who 
is issued a Temporary Registration by the Director, in accordance with 
the new Sec.  401.222. A Temporary Registration applies to Pilots who 
desire to provide pilotage services, but who have either reached the 
age of 70 or have previously retired from pilotage service. The Coast 
Guard requires that a Temporary Registered Pilot holds a valid MMC, has 
previously held a Full Registration, meets the requirements of Sec.  
401.222, and has received approval by the Director to provide pilotage 
services. The new requirements in Sec.  401.222 are discussed further 
below in part C. of this section, Updates to Training Requirements for 
Pilots. The Director may make the Temporary Registration valid for a 
certain period of time, not to exceed 1 year from the date of issuance.
New Definitions
    In addition to the updated phases of Pilot registration, the Coast 
Guard also adds definitions to part 401 for the following terms that 
appear elsewhere in 46 CFR chapter III to better clarify their meanings 
as they relate to Great Lakes Pilots: ``chemical test'', ``gross 
tonnage'', ``individual training plan'', ``marine accident'', ``minimum 
number of round trips'', ``officer endorsement'', ``round trip'', and 
``semi-annual performance evaluation report''. These terms are 
explained in the following paragraphs.

[[Page 76316]]

Chemical Test
    The Coast Guard adds the definition of ``chemical test'' to the 
definitions in Sec.  401.110 to clarify the kind of test that will 
comply with the new reporting requirements. Chemical test means a 
scientifically recognized test that analyzes an individual's breath, 
blood, urine, saliva, bodily fluids, or tissues for evidence of 
dangerous drug, alcohol use, or any illegal substance, in alignment 
with the existing definition in 46 CFR 4.03-7. The definition of 
chemical test applies to the new requirements in parts 401 and 402 for 
mariners to submit chemical tests to the Coast Guard, either at the 
Applicant phase of their application to be a Pilot, or for marine 
accident reporting.
Gross Tonnage or GT
    This rule adds a definition for ``gross tonnage or GT'' to align 
with the gross tonnage measurement of the vessel under 46 U.S.C. 
chapter 143, Convention Measurement. Parts 401 and 402 use gross 
tonnage in the context of determining whether Applicants or Apprentice 
Pilots (referred to as ``applicant pilots'' in the current CFR) have 
had comparable experience on other vessels or integrated tugs and tows 
on the Great Lakes or oceans to that of Registered Pilots on the Great 
Lakes. Though compliance with 46 U.S.C. chapter 143 is not mandatory 
for United States or Canadian vessels operating only in the Great 
Lakes, the Coast Guard adopts the Convention Measurement's definition 
of gross tonnage to clarify which tonnage scheme the Great Lakes 
Pilotage regulations use. This is the same definition used in 46 CFR 
10.107 for MMCs.
Individual Training Plan
    The Coast Guard adds the term ``individual training plan'' and its 
definition to the CFR. This term and its definition are consistent with 
its use in current pilot association training programs. The individual 
training plan outlines the specific requirements of the association for 
an Apprentice Pilot, including the length of time to complete the 
training, and the minimum number of round trips required to demonstrate 
proficiency. The individual training plan communicates the 
qualifications and demonstrated skills that the Apprentice Pilot are 
required to complete to meet the proficiency requirements for the 
training. The association submits the individual training plan to the 
Director for review and approval, and the Director tracks the 
Apprentice Pilot's development through the training period. This is 
consistent with current practice. The association establishes an 
individual training plan's training requirements based on the 
association's determination of proficiency, the officer endorsement on 
the MMC, and the Apprentice Pilot's pilotage experience on the Great 
Lakes.
Marine Accident
    The Coast Guard adds a definition for the term ``marine accident'' 
that currently appears elsewhere in the CFR. A marine accident includes 
any of the following incidents that occur while a United States 
Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited 
Registration, or Temporary Registered Pilot is providing pilotage 
services in United States or Canadian waters:
    (i) Any allision or collision;
    (ii) Any grounding;
    (iii) A loss of main propulsion, primary steering, or any 
associated component or control system that, due to its duration or 
other circumstance, significantly impacts the maneuverability of the 
vessel;
    (iv) An occurrence, directly related to the provision of pilotage 
services, involving significant harm to the environment, as currently 
defined in 46 CFR 4.03-65; or
    (v) Any other incident, directly related to the provision of 
pilotage services, causing property damage more than $75,000 U.S. 
dollars (including the cost of labor and material to restore the 
property to its condition before the incident, but excluding the cost 
of such things as salvage, cleaning, gas-freeing, drydocking, or 
demurrage).
    The outlined instances in this definition are based on the notice 
of marine casualty reporting requirements in 46 CFR 4.05-1, and 
tailored for reporting marine accidents related to the Great Lakes 
pilotage program.
    The definition of ``marine accident'' is used to identify events or 
occurrences where Pilots must submit a marine accident report to the 
Director under the revised Sec.  401.260. Clearly defining a marine 
accident ensures that certain marine accidents are reported to the 
Director in support of the Director's oversight. The reporting 
requirement clarifies that this obligation to report marine accidents 
to the Director does not alleviate any other marine casualty reporting 
requirements elsewhere in Coast Guard or other agency regulations. We 
add the marine accident definition and reporting requirement to 
alleviate concerns about accidents related to Great Lakes pilotage not 
being reported to the Director.
Minimum Number of Round Trips
    The Coast Guard adds a definition for ``minimum number of round 
trips'' to have one term to define the least number of successful round 
trips an Apprentice Pilot must complete to become eligible for Full 
Registration. Mere completion of this number of trips does not qualify 
an Apprentice Pilot for Full Registration. Instead, the phrase, minimum 
number of round trips, means the fewest successful round trips that the 
Apprentice Pilot is required to perform under the direct supervision of 
a U.S. Registered Pilot or Temporary Registered Pilot to demonstrate 
proficiency prior to advancing and completing training. The minimum 
number of round trips required is prescribed in the Apprentice Pilot's 
approved individual training plan, discussed in the revised Sec.  
401.211. Section 402.220 contains the minimum number of round trips for 
certain officer endorsements.
    Each round trip is evaluated, and the evaluation form retained in 
the mariner's training record. If, after evaluation, the Apprentice 
Pilot does not satisfy the Director's or association's proficiency 
requirements, additional trips in that area or port will be required.
Officer Endorsement
    The term ``officer endorsement'' is defined in the regulations 
governing MMCs in 46 CFR part 10 to mean an annotation on an MMC that 
allows a mariner to serve in the capacities listed in 46 CFR 10.109. We 
are adding a definition for officer endorsement that matches the 
definition in 46 CFR part 10 to help ensure that the term is 
interpreted consistently.
Round Trip
    The Coast Guard adds a definition for ``round trip'' to clarify 
what is expected of the Apprentice Pilot, as outlined in their 
individual training plan. We define round trip as providing pilotage 
service, in both directions, from one change point to another change 
point, or inbound and outbound in a port designated by an authorized 
pilotage pool. This definition also applies to the round trip in the 
context of ``minimum number of round trips''. Defining round trip 
clarifies the minimum requirements for Apprentice Pilots in their 
training.
Semi-Annual Performance Evaluation Report
    The Coast Guard adds a definition for ``Semi-annual Performance 
Evaluation Report.'' Twice per year, the association is required to 
submit to the Director a progress report of how the Apprentice

[[Page 76317]]

Pilot is progressing through their training. The report assesses an 
Apprentice Pilot's progress in the pilot association's training and 
qualification program, and the Apprentice Pilot's performance in 
completing their individual training plan.
Revised Definitions
    We are revising the definitions of ``association'', ``Commandant'', 
``comparable experience'', ``Director'', ``person'', ``pilotage pool'', 
``Rate computation definitions to determine Weighting Factors'', 
``Secretary'', and ``United States Registered Pilot or U.S. Registered 
Pilot'' to align the regulatory definitions with industry usage and 
understanding. These revisions are detailed below.
Association
    The Coast Guard removes the words ``or held'' from the definition 
of association. This clarifies that if the Coast Guard revokes an 
association's Certificate of Authorization, they are no longer an 
association under the Act or under Coast Guard regulations. In 
addition, the Coast Guard specifies in the definition of association 
that the Director, instead of the Great Lakes Pilotage Branch, issues 
the Certificate of Authorization to the association.
Commandant
    In the definition of ``Commandant,'' our only change is to replace 
the outdated office symbol, CG-00, with the current office designation, 
CCG.
Comparable Experience
    The Coast Guard is changing the first sentence in the definition of 
``comparable experience'' to better define the requirements. Currently, 
the definition is that comparable experience is similar experience 
obtained by serving as an officer of a vessel. The changes state that 
comparable experience means knowledge and previous performance that is 
equivalent to the knowledge and technical skills obtained by serving as 
an officer on vessels of at least 4,000 GT. We add that comparable 
experience must be obtained on vessels of at least 4,000 GT, throughout 
the regulations, to be consistent regarding comparable experience and 
the requirements to be a Registered Pilot in 46 U.S.C. 9303(a)(2). The 
existing regulations for qualifying for registration in 46 CFR 
401.210(a)(1) require service to be accrued on vessels of 4,000 GT or 
over on the Great Lakes or oceans. This experience, on vessels of 4,000 
GT or over, also applies to Apprentice Pilots (currently referred to as 
``applicant pilots'' in the CFR) in existing Sec.  401.211(a)(1).
Director
    In the definition, this rule removes an outdated reference to 
``Commandant (CG-WWW-2)'' and replaces it with ``Director, Great Lakes 
Pilotage''. We also update the mailing address for the Director within 
the definition.
Person
    In this definition, we change the term ``pool'' to ``pilotage 
pool,'' to align with the new definition of ``pilotage pool'' discussed 
below.
Pilotage Pool
    The Coast Guard revises the current term and definition of ``pool'' 
by revising the term and amending the definition. First, we revise the 
term pool by adding ``pilotage'' to identify it more clearly. 
Throughout parts 401 and 402, this rule updates all references to 
``pool'' to ``pilotage pool.'' In current practice, the Director 
provides the pilotage pool a Certificate of Authorization to operate as 
an association.
    Second, the definition of pool in the current CFR text is an 
organization authorized to provide pilotage services. We revise the 
definition to account for the requirement that an organization must 
hold a Certificate of Authorization issued by the Director to provide 
pilotage services. The new definition clearly indicates what is 
required for a pilotage pool authorization.
Rate Computation Definitions To Determine Weighting Factors
    The Coast Guard adds the words, ``to determine Weighting Factors'' 
to the existing phrase, ``Rate computation definitions,'' at Sec.  
401.110(a)(10) to indicate the purpose for these rate computation 
definitions to the public. The definitions of ``length'', ``breadth'', 
and ``depth'' at Sec.  401.110(a)(10)(i)-(iii) remain unchanged. 
Weighting factors are used in the calculation of a vessel's pilotage 
rate to determine the appropriate fee for a vessel's pilotage services 
and are based on the size of the vessel.
Secretary
    This rule revises the definition of ``Secretary'' to align with the 
definition used in 46 U.S.C. 2101. The revised definition points to the 
Secretary of the department in which the Coast Guard is operating, 
instead of the Secretary of Homeland Security. This change promotes 
consistency between definitions used throughout statutes and Coast 
Guard implementing regulations.
United States Registered Pilot or U.S. Registered Pilot
    This rule makes non-substantive changes to the definition of 
``United States Registered Pilot or U.S. Registered Pilot.'' First, we 
remove an outdated reference to ``license'' and revise the discussion 
of the authorization document to read ``an MMC with an officer 
endorsement.'' We add the word ``areas'' to capture that the 
endorsements for pilotage on the Great Lakes can be for routes or 
areas. We also make an edit that, under the new training stage 
nomenclature, a United States Registered Pilot currently holds a 
Certificate of Registration.
    We also update the outdated references to Title 52 of the Revised 
Statutes of the United States with references to Title 46 of the United 
States Code, which is where the Coast Guard's statutory authority 
exists for Great Lakes pilotage regulations.
Removed Definitions
    The Coast Guard removes the definition of ``movage'', because the 
ratemaking methodology no longer supports this action. Under the 
ratemaking methodology before 2016, pilot districts charged the vessel 
owners a defined movage fee to move a vessel from one place to another: 
for example, from an anchorage to inside the harbor, or dock to dock. 
Since the ratemaking methodology was updated in 2016, vessel owners are 
charged an hourly rate for any vessel movement by a United States 
Registered Pilot, rounded up or down to the nearest 15 minutes.
    The Coast Guard also deletes the definition of ``other officer'' 
from the definition section, because we are deleting the only reference 
to the term in Sec.  401.510(b)(3). The definition is no longer 
necessary, because the term is no longer used in parts 401 through 404.
Organizational Changes
    The Coast Guard revises Sec.  401.110 to list the existing and new 
definitions in alphabetical order to make it easier for the reader to 
find definitions.
    The Coast Guard is also updating each instance of affected terms in 
parts 401 and 402 to align with the new definitions.

C. Updates to Training Requirements for Pilots

    The Coast Guard is updating the regulations that govern the 
application and training requirements to bring the CFR into conformity 
with industry practice. These regulations, located in part 401, 
instruct a candidate as to what specifically they must do to apply and 
progress through the newly clarified

[[Page 76318]]

phases of Pilot registration. Following is a section-by-section 
description of the updates to the Great Lakes Pilotage application and 
training requirements. These changes include formatting changes that 
will improve the usability and readability of the CFR.
Sec.  401.200 Application for Registration
    In Sec.  401.200, the Coast Guard adds the email address, 
[email protected], and the physical mailing address, Great 
Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, 
Washington, DC 20593-7509, to which Applicants for pilotage on the 
Great Lakes must submit their Application for Registration as a United 
States Registered Pilot (Form CG-4509). We allow either physical mail 
or electronic submission of Form CG-4509 to the Director to provide 
flexibility to the mariners. This change also provides clear guidance 
for where to submit the form.
    In this section, the Coast Guard removes the requirement to submit 
two full-face photographs when submitting Form CG-4509. The passport 
photos are not needed at this stage of the process. Following the 
submission of an application and an interview process, passport-style 
photos will be requested from the Applicant if they are approved for a 
U.S. Great Lakes pilot training and qualification program. The 
requirement to submit the photos upon the request of the Director are 
in Sec.  401.211(e) for Apprentice Pilots, and in the new Sec.  
401.214(e) for Applicant Trainees.
    In practice, if the Applicant does not submit the required 
application materials, the Coast Guard Great Lakes Pilotage Office 
works with the Applicant to obtain the required documentation to meet 
the minimum requirements. Once the Applicant provides additional 
information and meets the minimum requirements, the approved 
application is forwarded to the pilot district(s) requested by the 
applicant for consideration. The pilot associations maintain a list of 
Applicants who meet the minimum requirements, and they conduct 
interviews based on the need for more Pilots and on the applications 
provided by the Great Lakes Pilotage Office. If the Applicant is 
selected by the association, the association submits a letter to the 
Director requesting that the Applicant be placed in that district's 
approved training and qualification program.
    We are also making a formatting change to this section to remove 
paragraph (a)'s designation. All the text within this section is 
undesignated. Removing the paragraph (a) designation removes the need 
for the unused reserved paragraph (b) within this section. There is no 
need for multiple paragraph designations within Sec.  401.200.
Sec.  401.210 Requirements and Qualifications for Full Registration
    In paragraph (a)(1), the Coast Guard clarifies that the mariner 
must have an MMC with an officer endorsement issued in accordance with 
46 CFR subchapter B, part 11. We delete the outdated references to 
Title 52 of the Revised Statutes of the United States. We also change 
applicants qualifying with ``ocean service'' to applicants qualifying 
with ``other than Great Lakes service,'' because mariners may have 
different endorsements on their MMC, such as Master-Ocean or Master-
Inland Waters. This change clarifies that applicants qualifying with an 
endorsement on their MMC other than Great Lakes service must obtain at 
least 6 months of service as a deck officer, or comparable experience, 
on the Great Lakes.\9\ We also clarify that the officer experience must 
be ``deck'' officer experience. Deck officer experience means that the 
mariner is working under the authority of a deck officer endorsement, 
in accordance with 46 CFR part 11, subpart D.
---------------------------------------------------------------------------

    \9\ March 2018 Meeting Minutes, supra note 6.
---------------------------------------------------------------------------

    Paragraph (a) of this section contains several requirements that a 
Pilot must meet to be eligible for Full Registration. We make the 
following changes to the paragraphs and redesignate the requirements in 
paragraphs (a)(1)-(8).
    In paragraph (a)(4), the Coast Guard adds a reference to 46 CFR 
part 10, subpart C, for the mariners to find the applicable medical 
requirements and standards prescribed by the Commandant.
    In paragraph (a)(6), the Coast Guard removes the requirement for a 
U.S. Registered Pilot to have a valid TWIC, because this requirement is 
duplicative of the TWIC requirement prescribed in 46 CFR 10.203 for 
obtaining an MMC. A mariner cannot be a U.S. Registered Pilot without 
holding an MMC. This non-substantive change is in accordance with GLPAC 
recommendation 1 from the ``GLPAC Subcommittee Teleconference Meeting 
Minutes'' from March 5, 2018. Because we remove the text from paragraph 
(a)(6), we redesignate the subsequent lower-level paragraphs in 
paragraph (a). We move the existing requirement, that the mariner 
agrees to be available for service, from paragraph (a)(7) into 
paragraph (a)(6), without change.
    In redesignated paragraph (a)(7), the Coast Guard changes 
``Applicant Pilot'' to ``Apprentice Pilot'' to conform to the new 
definitions. Revised paragraph (a)(7) requires mariners seeking Full 
Registration to complete the requirements for an Apprentice Pilot in 
Sec.  401.220(b). We are also deleting the text ``if applying for 
registration for waters in which a pilotage pool is authorized'', 
because the requirements in Sec.  401.220(b) apply to all Apprentice 
Pilots.
    In 401.210(a)(8), the Coast Guard also adds that Apprentice Pilots 
requesting Full Registration must meet chemical testing requirements, 
as defined in 46 CFR part 16. Currently, all U.S. Pilots on the Great 
Lakes are required to meet the chemical testing requirements in part 
16. The purpose of this addition is to clarify that this will also be 
part of the Apprentice Pilot qualifications.
Sec.  401.211 Training Requirements for Apprentice Pilots and Limited 
Registration Authorization
    The Coast Guard changes the term ``Applicant Pilot'' to 
``Apprentice Pilot'' throughout this section to align with the new 
definition of Apprentice Pilot. Use of the term Apprentice Pilot falls 
more in line with industry vernacular. We also add ``Limited 
Registration Authorization'' to the section name because we include the 
requirements for Apprentice Pilots to obtain this authorization as part 
of their training program.
    This rule separates the requirements to select Apprentice Pilots 
for training from existing paragraph (a) and puts the list into new 
paragraph (b). In the requirements for Apprentice Pilots in 
redesignated paragraph (b)(1), this rule updates the cross-reference 
from Sec.  401.210(a)(7) to paragraph (a)(8) to conform with 
redesignations in that section.
    In paragraph (b)(3), the Coast Guard revises the Radar Observer 
requirement to state that the Apprentice Pilot must have a Radar 
Observer-Unlimited endorsement on their MMC. We also include a cross-
reference to the Radar Observer requirements in Sec.  11.480 for the 
public's reference. By removing the obsolete radar competency 
certificate option, we bring the regulations up to date with the 
current Radar Observer endorsement requirements in 46 CFR subchapter B, 
part 11. This conforming change is not a new requirement for mariners, 
because they are already required to hold a radar endorsement issued by 
the Coast Guard.
    In new paragraph (d), the Coast Guard adds ``Temporary Registered 
Pilots'' who authorized pilot organizations may designate for approval 
by the Director to provide training.

[[Page 76319]]

    We also allow submission of Form CG-4509 to the email address 
[email protected] or to the physical mailing address Great 
Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509, 
Washington, DC 20593-7509. Emailing the form could reduce the 
administrative burden associated with submitting the form. We also 
clarify that the Director will request signed passport-style 
photographs from those applying to be an Apprentice Pilot, when needed. 
The photographs are not required when submitting Form CG-4509 because 
the photos are not needed until the Coast Guard is ready to issue an ID 
card.
    The Coast Guard also clarifies the issuance of the U.S. Coast Guard 
Apprentice Pilot ID Card in paragraph (f). If the applicant meets the 
requirements in this section and is selected to be placed in an 
association's training program, the association submits a letter to the 
Director for approval. If the Director approves placing the applicant 
in the training program, the Coast Guard issues the applicant an 
Apprentice Pilot ID Card.
    The Coast Guard expands the list of circumstances when an 
Apprentice Pilot ID Card becomes invalid, adding paragraph (f)(1) to 
account for the Director's statutory authority to set validity periods 
in 46 U.S.C. 9303(c). At the time of issuance, the Director indicates a 
validity period for the card. For example, the Director could coincide 
the expiration dates of the ID Card with the dates of the Semi-annual 
Performance Evaluation Reports, August 15, and January 15. The other 
three existing grounds for expiration for the Apprentice Pilot ID Card 
remain substantively the same, including when the Apprentice Pilot is 
registered as a Pilot under Sec.  401.210, when the Apprentice Pilot 
withdraws from the training program, or when the card is ordered 
withdrawn by the Director.
    In new paragraph (g), we add a requirement that all Apprentice 
Pilots must have a Director-approved individual training plan. The 
associations currently provide Director-approved individual training 
plans to the Apprentice Pilots as guidance during the approved U.S. 
Great Lakes pilot training and qualification program. Our intent is to 
codify this current practice in the regulations. As stated in the 
definition, an individual training plan outlines the specific 
requirements and expectations for each Apprentice Pilot. The individual 
training plan provides clear direction for the Apprentice Pilot, 
association, and Director regarding the Apprentice Pilot's goals and 
progression through the training program. The Apprentice Pilot and the 
pilot association record the round trips outlined in the individual 
training plan and provide this information to the Director for review.
    In paragraph (g), we also clarify that round trips completed as an 
Apprentice Pilot count toward the minimum number of round trips 
required for Full Registration. Because we did not define round trips 
previously, there was confusion for Applicant Trainees and Apprentice 
Pilots regarding when their trips did or did not count toward the Full 
Registration certification. The trips outlined in the Apprentice 
Pilot's individual training plan and conducted with a U.S. Registered 
Pilot or Temporary Registered Pilot must be recorded by the Apprentice 
Pilot to count toward Full Registration. If the association feels that 
the Apprentice Pilot is not ready to provide pilotage services after 
completing the required minimum number of round trips outlined in their 
individual training plan, the association can require the Apprentice 
Pilot to continue conducting round trips until they meet the 
association's requirements. Trips completed while an Applicant Trainee 
do not count toward the minimum number of round trips.
    In addition, the Coast Guard adds new paragraph (h), which requires 
associations to conduct Semi-annual Performance Evaluation Reports for 
their Apprentice Pilots to assess the Apprentice Pilots' progress in 
their training program. The associations currently provide evaluation 
reports to the Director that share the Apprentice Pilot's progress in 
the approved U.S. Great Lakes pilot training and qualification program 
at the district. We codify this current practice in the regulations. 
The associations submit these reports to the Director by August 15 and 
January 15 of each season.
    The report includes recommendations to the Director on whether or 
not to keep the Apprentice Pilot in the training program. This report 
is intended to evaluate the Apprentice Pilot's progression through 
their training and to help keep the Director informed of that progress. 
The report provides the Apprentice Pilot necessary feedback to stay on 
track with their individual training plan and association expectations. 
By requiring a semi-annual report submission to the Coast Guard, all 
parties remain informed of the progression of the Apprentice Pilot's 
training throughout the Great Lakes. All requests for Apprentice Pilots 
and Limited Registrations must contain an endorsement from the pilot 
association's training committee or president for the Director's 
consideration. A positive endorsement does not guarantee issuance or 
renewal by the Director. The Director considers the Apprentice Pilot's 
training progress, traffic projections, and other relevant information 
when making the decision to issue a certification.
    Another requirement at new paragraph (i) is that the Apprentice 
Pilot must be enrolled in the association's chemical testing program, 
commonly known as drug testing, which meets the requirements of 46 CFR 
part 16. We add chemical testing requirements and compliance into these 
regulations to ensure that Apprentice Pilots are monitored by the 
associations in the interest of maritime safety on the Great Lakes.
    In new paragraph (j), the Coast Guard adds procedures for how an 
Apprentice Pilot may obtain a Limited Registration. When the Director 
determines a need for the Pilot to meet the needs of increased vessel 
traffic, a Limited Registration is issued to an Apprentice Pilot who 
has completed the requirements in Sec.  401.220(b)(1) and maintained a 
favorable performance evaluation in their Semi-annual Performance 
Evaluation Reports. The Apprentice Pilot must satisfy the association's 
requirements in a specific area or port of the district waters to be 
eligible for a Limited Registration, as set out in the Apprentice 
Pilot's training plan approved by the Director.
    Thereafter, the association requests approval for the Apprentice 
Pilot to provide pilotage services in these specific areas without 
supervision by a United States Registered Pilot or Temporary Registered 
Pilot. If approved, the Director issues the Apprentice Pilot a letter 
authorizing Limited Registration for the area requested by the 
association. The Apprentice Pilot can provide pilotage services without 
supervision in the authorized area and can continue to complete round 
trips in other areas and ports as opportunities are provided by the 
association. Once all required round trips are completed, per their 
individual training plan, a request to the Director may be made to 
administer the pilot's written exam to the Apprentice Pilot.
    The Director can revoke the Limited Registration if the Director 
feels that the association is not providing the Apprentice Pilot 
appropriate training time to complete the remaining trips left in the 
district waters. Limited Registrations are valid for as long as the 
Director determines is necessary.
    Last, we add new paragraph (k), which states requirements for when 
an Apprentice Pilot may be eligible for a Certificate of Registration. 
These

[[Page 76320]]

requirements are distinct from the requirements for Applicant Trainees 
contained in Sec.  401.214, and they reflect the value of an Apprentice 
Pilot's experience. The four requirements are: completion of a 
Director-approved Great Lakes pilot association's individual training 
program; an endorsement from the association; receipt of a passing 
grade on the Director's exam; and a determination by the Director that 
there is a need for an additional Pilot in that association. These 
requirements exist in practice and are referenced throughout parts 401 
and 402. We codify them here to clarify to the Apprentice Pilot and to 
the associations what conditions are necessary to reach Full 
Registration.
Sec.  401.214 Training Requirements for Applicant Trainees
    In this new section, we outline the requirements for Applicant 
Trainees. This section codifies the Director's authority to determine 
the number of Applicant Trainees needed in training at a time for each 
association to ensure enough U.S. Registered Pilots in that district. 
This authority is exercised in the ratemaking update every year, but 
this rule codifies it.
    The requirements for Applicant Trainees are similar to those for 
Apprentice Pilots, but Applicant Trainees do not require any prior 
Great Lakes service experience. The Applicant Trainee must be a U.S. 
citizen, of good moral character and temperate habits, physically 
competent, available for service, under the age of 60, in compliance 
with the chemical testing requirements, and have a Radar Observer-
Unlimited endorsement on their MMC.
    The Applicant Trainee is required to obtain at least 6 months of 
service as a credentialed officer on the Great Lakes, or comparable 
experience, before being considered for Apprentice Pilot. An Applicant 
Trainee trains under the supervision of a U.S. Registered Pilot or 
Temporary Registered Pilot. This section in paragraph (d) states that 
the Director must approve the Pilots designated to provide training to 
Applicant Trainees, as an oversight measure. When an Applicant Trainee 
conducts trips with a U.S. Registered Pilot or Temporary Registered 
Pilot to complete the 6-month familiarization requirement, or 
comparable experience on the Great Lakes, the round trips do not count 
toward Full Registration certification.
    Applicant Trainees who meet the minimum requirements set forth in 
this section are required to receive an endorsement from the pilot 
association's training committee or the president for the Director's 
consideration. A positive endorsement does not guarantee issuance or 
renewal by the Director. The Director considers the Applicant Trainee's 
progress, traffic projections, and other relevant information when 
making the decision to issue a certification.
    We clarify that the Applicant Trainee must submit Form CG-4509 to 
the email address, [email protected], or to the physical 
mailing address, Great Lakes Pilotage Office, 2703 Martin Luther King 
Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509. The Director 
requests the signed passport-style photographs when they are needed, 
but they do not need to be submitted with the application. The Coast 
Guard does not need the photos until issuing the ID card.
    Applicant Trainees selected by the association and approved by the 
Director are issued a U.S. Coast Guard Applicant Trainee ID Card. The 
card remains valid until the earliest expiration date set by the 
Director, the date the Applicant Trainee is registered as an Apprentice 
Pilot, the date the Applicant Trainee withdraws from the training 
program, or the date the Director orders the card returned.
Sec.  401.220 Registration of Pilots
    The Coast Guard removes the 1-year time limit in Sec. Sec.  
401.220(b)(1) and 402.220(a) for Apprentice Pilots to complete their 
round trips, and instead allows the applicable time limit to be 
specified in an Apprentice Pilot's individual training plan. Due to 
limited vessel traffic in some districts and ports, some Apprentice 
Pilots are not able to complete the required number of training trips 
in 1 year. This change allows Apprentice Pilots more time to complete 
these trips, in accordance with their individual training plan. 
Currently, training takes 2 to 3 years, on average, depending on which 
MMC endorsements the Apprentice Pilot holds and how quickly they 
satisfy the requirements set forth by the association and approved by 
the Director. This change is in accordance with GLPAC subcommittee 
recommendations 4 and 5, described in the ``GLPAC Subcommittee 
Teleconference Meeting Minutes'' from March 5, 2018, and adopted at the 
GLPAC Teleconference meeting on April 11, 2018.\10\
---------------------------------------------------------------------------

    \10\ March 2018 Meeting Minutes, supra note 6.
---------------------------------------------------------------------------

    The revisions to Sec.  401.220(b) align the requirements in (b)(1) 
through (3) with the new definition for Apprentice Pilots. In paragraph 
(b)(3), the Coast Guard clarifies when the written examination is taken 
by the Apprentice Pilot. The written examination is the final step to 
be considered for Full Registration. After the requirements of the 
regulations and the individual training plan have been met, and the 
association is comfortable with the Apprentice Pilot's progress, the 
association sends a request to the Director for the administration of 
the written exam. The Director arranges for the Apprentice Pilot to 
take the written exam at the nearest Regional Exam Center or respective 
pilot association office. The changes to paragraph (b)(3) indicate that 
the Apprentice Pilot is eligible to take the exam after they complete 
their minimum number of round trips and their approved training plan 
prescribed by the association.
    In paragraph (c), this rule explains that the pilot association's 
recommendation for registering the Apprentice Pilot can include reasons 
for or against their registration. Currently, the text only requires 
the association to include reasons for the registration. We wish to 
clarify that the association should include any reasons, for or against 
registration, that are relevant to the Director's decision.
    The Coast Guard clarifies in paragraph (d) that a Certificate of 
Registration can be issued to an Apprentice Pilot who has completed all 
the requirements and has been found qualified and removed an outdated 
reference to Title 52 of the Revised Statutes.
    In Sec.  401.220, this rule deletes paragraph (e). This paragraph 
authorizes the Director to issue a temporary Certificate of 
Registration of less than 1 year to qualified persons, regardless of 
age. We delete this because Temporary Registration is redefined and 
prescribed in the new Sec.  401.222, discussed next.

D. Administration of Great Lakes Pilots

    The Coast Guard updates various sections in parts 401 and 402 that 
govern the administration of Great Lakes Pilots. These changes 
modernize the mechanisms and practices used by the Coast Guard to 
register, monitor, and ensure the compliance of Great Lakes Pilots. A 
section-by-section description of the changes to each section follows.
Sec.  401.222 Temporary Registered Pilots on the Great Lakes
    In conjunction with the new definition for ``Temporary Registered 
Pilot,'' the Coast Guard adds a new Sec.  401.222 regarding the 
requirements and issuance of a Temporary Registration. The mandatory 
retirement age for United States Registered Pilots is 70 years old. 
However, if a Pilot maintains their MMC and meets the

[[Page 76321]]

medical requirements, they can, with the Director's approval, receive a 
Temporary Pilot ID Card. Possession of this card makes the Pilot 
eligible for an association to request their pilotage services. 
Alternatively, if a United States Registered Pilot has previously 
retired and is requested by the association to provide pilotage 
services, the Director can issue a Temporary Registration for them. We 
removed the old 401.222(a)(5) from the proposed rule in order to allow 
a retired pilot to seek Temporary Registration of their own volition, 
making their ready and available when the need arises.
    A mariner seeking Temporary Registration under this section must 
meet the requirements of a United States Registered Pilot in Sec.  
401.210, except the age requirement. Temporary Registration is for 
Pilots who desire to provide pilotage services, but either have reached 
the age of 70 or have retired. The Temporary Registration is valid for 
a period defined by the Director, but it does not exceed 1 year from 
the date of issuance. Current regulations in Sec.  401.220(e) for 
Temporary Registration have the same 1-year validity period. Given the 
risks associated with piloting large vessels through the Great Lakes 
and rivers, an annual renewal requirement continues to promote the 
safety goals on the Great Lakes, while allowing flexibility to mariners 
who wish to continue providing pilotage services after retirement or 
age 70.
Sec.  401.230 Certificates of Registration
    In Sec.  401.230(a), when describing the waters where the 
Certificate of Registration authorizes the Pilot to perform pilotage 
services, the Coast Guard uses ``areas and routes'' in place of ``part 
or parts'' as used in the current Sec.  401.230(a). Using ``areas and 
routes'' better aligns with language used throughout the pilotage 
regulations.
    In paragraph (c), the Coast Guard clarifies that a Certificate of 
Registration may not be digitally reproduced or be used to make a 
facsimile, in addition to the current prohibitions against copying or 
Photostat. The original Certificate of Registration, issued by the 
Director, is the only document allowed to be carried by a U.S. 
Registered Pilot. These changes further clarify that no copies, printed 
or electronic, are allowed.
    In paragraph (d), the Coast Guard requires that replacement 
requests for Certificates of Registration must be made on Form CG-4509 
instead of writing a letter, as the Coast Guard requires the 
information on the form to be updated to issue a new Certificate of 
Registration. The Coast Guard also clarifies the style of signed 
photographs needed to generate a replacement for a Certificate of 
Registration that has been lost, damaged, or defaced. Because the 
signature on the photograph is needed to authenticate the certificate, 
the signature must be as close to the head as possible, so that the 
signature remains visible when the photograph is trimmed to fit the 
certificate during creation.
Sec.  401.240 Renewal of Certificates of Registration
    The Coast Guard clarifies in Sec.  401.240(a) that an applicant for 
a renewal of Certificate of Registration must submit Form CG-4509.
    The Coast Guard clarifies the style of photographs needed to 
generate a Certificate of Registration for renewal. Specifically, we 
state that the signature on the photograph needs to be as close to the 
head as possible, so that the signature remains visible when the 
photograph is trimmed to fit the certificate during creation.
Sec.  401.260 Reports
    In paragraph (a), the Coast Guard clarifies that, when a marine 
accident occurs while a United States Registered Pilot, Apprentice 
Pilot, Apprentice Pilot with Limited Registration, or Temporary 
Registered Pilot is providing pilotage services, they must report the 
accident, in writing, to the Director. We add the results of the 
Pilot's post-casualty drug and alcohol test, if required, to the 
report's mandatory contents. The existing requirements are put into a 
list format to clarify what the Pilot must include in the report.
    We redesignate new paragraph (b) from the existing requirement in 
paragraph (a) that the report to the Director does not relieve the 
Pilot or others of responsibility for submitting any report required by 
other government agencies of the United States or Canada. We also 
clarify in new paragraph (b) that this reporting requirement does not 
affect any other reporting requirements in Coast Guard regulations.
    We remove the requirement in 46 CFR 401.260(c) for the pilotage 
pool to submit a monthly availability report to the Director. As per 46 
U.S.C. 9303(a)(3), ``the applicant will be available for service when 
required.'' In the new 46 CFR 401.210(a)(6), Pilots must agree to be 
available for service. The Coast Guard sees no use for this monthly 
availability report requirement, because the associations notify the 
Director when a Pilot is not available to provide pilotage services. In 
practice, the Director has not been requiring this monthly report. 
Accordingly, we remove the requirement from the regulations.
Sec.  401.420 Cancellation, Delay, or Interruption in Rendition of 
Services
    In paragraph (a)(3) of this section, the Coast Guard removes the 
words ``or movage'' and replaces them with ``or transit,'' because the 
ratemaking methodology does not account for this movage action. 
``Transit'' aligns better with the terminology used in part 401.
    In paragraph (c), the Coast Guard revises the existing provisions 
specifying that, when pilotage delay is due to ice or weather, the 
vessel is not responsible for the additional charges invoiced by the 
association. The regulations currently state that the vessel is not 
liable for charges under this part. We add the words ``or vessel 
owners'' to explicitly extend this exemption to vessel owners to 
clearly establish the lack of liability for charges under this section.
    We also have deleted the joint-agreement provision initially 
proposed in the NPRM to clarify that the decision to interrupt the 
voyage, or to detain the Pilot because of ice or weather, must be 
determined by the vessel Master. This interruption of the voyage, or 
the detention of the Pilot, is in consideration of marine safety. When 
possible, the determination to interrupt, detain, or delay the vessel 
due to ice or weather should be made prior to the Pilot departing for 
the vessel. This additional guidance on when the determination must be 
communicated to the Pilot promotes efficiency in the process of calling 
a Pilot to a vessel and clarifies liability.
    We also remove interruption or detention due to traffic as a 
justification for this exemption for delayed pilotage charges. Vessel 
traffic is a normal occurrence on the waterways that is expected during 
the normal course of business. Weather and ice delays are made in 
response to maritime safety, and vessels should not be penalized for 
delays made in the interest of safety. These exemptions are intended to 
relieve vessels for charges brought on by forces outside of their 
control. While vessel traffic used to be difficult to predict, the 
availability of the Vessel Traffic System and Automated Information 
System data means that vessels have access to data that can assist in 
predicting traffic. Therefore, the Coast Guard is removing this 
exemption and making vessels responsible for accurately predicting 
vessel traffic.

[[Page 76322]]

Sec.  401.425 Provision for Additional Pilot
    The Coast Guard removes the text, ``Great Lakes Pilotage Staff, 
U.S. Coast Guard, or the General Manager, Great Lakes Pilotage 
Authority, Ltd., Canada'' and all references to Canada and other United 
States Coast Guard staff, to clarify who decides when an additional 
United States Registered Pilot is required. We clarify that the 
Director makes this double pilotage determination, when necessary, for 
the safe navigation of the vessel.
    We also remove the statement that the provisions for an additional 
Pilot do not apply to a ship that is not required to have a Pilot on 
board in undesignated waters of Lake Erie between Southeast Shoal and 
Port Colborne, because a Pilot is always required in these waters. This 
exemption is obsolete and no longer applies.
    Additional Pilot determinations are currently made on a case-by-
case evaluation and are usually authorized between when the locks are 
opened and when the locks are closed. We note in the regulations that 
this is a case-by-case evaluation, and we include the potential reasons 
for additional Pilots. The association or vessel representative can 
request an additional Pilot on the vessel for a specific time, 
particular port or area, or situation. For example, if an association 
or vessel needs an additional Pilot due to seasonal removal of aids to 
navigation, ice conditions, weather forecasts, or other relevant 
situations, a request for an additional Pilot may be appropriate.
    In Sec.  401.425 Provision for additional Pilot, we clarified what 
we meant in the NPRM by ``the opening and closing of the shipping 
season.'' We modified the language to give more clear instructions as 
to what the opening and closing means. In this section, the 
authorization may occur at the opening and closing of the year, after 
the locks have opened or closed.
Sec.  401.431 Disputed Charges
    The Coast Guard updates this section to simplify and streamline the 
billing dispute process. This makes it easier to understand Coast Guard 
requirements and how the vessel owner or Master should provide the 
required data, such as via a written letter from an authorized officer 
of a company. The letter can be sent via traditional mail or by email, 
but it must be a formal letter. We also define the response time 
periods for the Coast Guard, the vessel owner or agent, and the pilot 
association, to both shorten the process and to hold all involved 
stakeholders to regulatory timelines, per GLPAC recommendation 2 from 
the GLPAC 2018 Annual Meeting on September 10, 2018.\11\
---------------------------------------------------------------------------

    \11\ 2018 September Meeting Minutes, supra note 7.
---------------------------------------------------------------------------

    Under revised paragraph (a), a vessel Master, owner, or agent who 
disputes the rate or charge for a Pilot is required to appeal to the 
Director within 60 business days of the date the pilot association 
issues the invoice. We clarify that the pilot association may also 
apply the charge to the vessel owner, Master, or agent thereof, because 
it is not always the Pilot who applies the charge. The appeal continues 
to be for the Director to issue an advisory opinion as to whether the 
disputed rate or charge is a prohibited charge or incorrectly assessed 
or calculated charge.
    In paragraph (b), the vessel owner, vessel charterer, an agent, or 
an employee empowered to speak on behalf of the owner or an agent 
delivers the appeal to the Director in the form of official 
correspondence. The rule requires that the appeal correspondence 
describes the pilotage services, and that it exacts the disputed 
charges, the regulatory citation for the dispute, and the requested 
resolution.
    Paragraph (c) also requires the owner or agent to provide the pilot 
association with a copy of the appeal, and to inform them that the 
disputed charges have been sent to the Director for an advisory 
opinion.
    The association has up to 20 business days to provide the Director 
and the entity that provided the complaint with any further data or 
arguments in defense of the disputed charges. We clarify that they have 
20 business days, starting upon receipt of the notice of appeal from 
the charterer or owner. We also remove ``rates'' from the subject of a 
dispute because the Pilots and associations do not create or set the 
rates; the Coast Guard sets the rates through an annual rulemaking.
    In paragraph (e), we add a timeline of up to 30 business days for 
the Director to issue an advisory opinion. We remove the express 
recital that the Director considered all relevant material. Per current 
paragraph (e), the advisory opinion must address the disputed rates and 
charges, discuss the facts and information provided by both parties, 
and include a statement of opinion, so a recital that the Director 
considered the material is unnecessary.
    If the Director's advisory opinion finds the disputed rates or 
charges are prohibited, the association currently has a reasonable 
time, but not more than 30 business days, to return the amount of 
disputed charges, as per the advisory opinion. We revise the deadline 
to say the association must issue any refund, according to the advisory 
opinion, within 30 business days.
    If the pilot association or the vessel owner feels that the 
advisory opinion is incorrect, under new paragraph (h), they can appeal 
the advisory opinion to the Director of Marine Transportation Systems 
(CG-5PW). The pilot association can submit an appeal for adjudication 
of the advisory opinion within 10 business days of receiving the 
original advisory opinion.
Sec.  401.450 Pilot Change Points
    In paragraph (b) of this section, the Coast Guard removes the 
effective date for the addition of change point, Iroquois Lock. The 
change point went into effect on October 2, 2017, to provide enough 
time for the association to hire more Pilots. Since the effective date 
has passed, and the change point is currently in use, we remove the 
start of the effective date, per GLPAC recommendation 1 from the GLPAC 
2017 Annual Meeting on September 26, 2017.\12\ In paragraph (b), we 
also update the location of the change point for the Iroquois Lock. The 
change no longer happens between Iroquois Lock and the area of 
Ogdensburg, NY on the St. Lawrence River; the Pilot exchange now takes 
place in the Iroquois Lock.
---------------------------------------------------------------------------

    \12\ Meeting Minutes from the GLPAC 2017 Annual Meeting on 
September 26, 2017 are available in the docket.
---------------------------------------------------------------------------

    In paragraph (i), the Coast Guard updates change point ``Gros Cap'' 
to ``Buoy 33'' of the St. Marys River, Point Iroquois. The GLPAC 
created a subcommittee to discuss all the pilot change points in the 
St. Lawrence Seaway and Great Lakes system. They found that Gros Cap 
was too far out of the St. Marys River, and weather conditions created 
unsafe conditions for the pilot boat to transfer Pilots. Buoy 33 of the 
St. Marys River is a better harbor to transfer Pilots, as it is safer 
for the Pilots to transit up and down the ladders of the vessels. This 
change is from GLPAC recommendation 1 from the GLPAC 2017 Annual 
Meeting on September 26, 2017, and conforms to current practice.\13\
---------------------------------------------------------------------------

    \13\ Id.
---------------------------------------------------------------------------

Sec.  401.510 Operation Without Registered Pilots
    The Coast Guard removes outdated regulations in paragraphs (b)(3) 
through (7) of this section, which were codified when both the 
Department of Commerce and the Coast Guard had regulatory authority 
over U.S. pilotage services.

[[Page 76323]]

From 1960 to 1967, primary responsibility for Great Lakes pilotage 
resided with the Department of Commerce. As the Coast Guard is now the 
sole Federal agency responsible for enforcing the Act, these 
regulations are unnecessary or cumbersome. And, because all the 
regulatory authority is now under the Coast Guard, we can coordinate 
more effectively and efficiently with Coast Guard District 9 than was 
possible when the authority was split between the Coast Guard and the 
Department of Commerce.
    The regulations in Sec.  401.510, which address operation without 
Registered Pilots, is significantly streamlined to reflect the current 
operation requirements. For example, if a Pilot is not available when 
needed, the Director's pilotage office can coordinate with Coast Guard 
District 9 much more effectively, because everything is under one 
agency. The 6-hour rule in current paragraphs (b)(3) and (4) has not 
been used since the late-1980s or early-1990s. The 6-hour period was 
intended as a buffer to allow the Coast Guard time to evaluate a 
situation before concurring with the Department of Commerce's desire to 
order a Pilot off their rest period. The Coast Guard monitors traffic 
throughout the 2,300 nautical miles in the Great Lakes system for 
compulsory pilotage and is now able to make these decisions in real 
time.
    We delete paragraph (b)(5) because the language is obsolete and 
outlines practices that are no longer relevant to the modern pilotage 
industry. The decision as to whether a vessel can proceed without a 
Pilot rests solely with the Director. It does not require the 
concurrence of the Coast Guard officer to whom the violation was 
reported. Removing this paragraph from the CFR will prevent confusion 
by removing instructions that are contrary to the practices followed by 
modern-day Pilots.
    We also delete paragraph (b)(6), which requires a pilotage pool to 
obtain verification from the Canadian Supervisor of Pilots that they do 
not have a Pilot available, for the same reasons.
    The parts we retain in existing paragraphs (b)(1), (2), and (8) 
outline the Director's authority to allow a vessel to depart without a 
Registered Pilot, and sufficiently articulate that the Director will 
make each decision on a case-by-case basis. The Director continues to 
obtain Coast Guard District 9 concurrence before providing this 
information to the vessel.
Sec.  401.710 Operating Requirements for Holders of Certificates of 
Authorization
    We update the reference in this section to the Memorandum of 
Understanding (MOU) to reflect the most current version of this 
Memorandum with the Canadian Government. The updated version is the 
``Memorandum of Understanding, Great Lakes Pilotage, Between The United 
States Coast Guard and The Great Lakes Pilotage Authority,'' effective 
September 19, 2013, and can be found in the docket. The previous 
version mentioned in this section was executed in 1970 and is no longer 
current.
Sec.  402.210 Requirements and Qualifications for Registration (Medical 
Requirements)
    The Coast Guard revises the language in this section to align the 
medical and vision requirements for Apprentice Pilots, United States 
Registered Pilots, and Temporary Registered Pilots with the existing 
standards for a mariner medical certificate. There is no reason to 
duplicate the medical requirements in the pilot regulations that 
already exist in 46 CFR part 10, subpart C. Aligning these regulations 
reduces the time and burden on Pilots having to comply with regulations 
in two separate parts of the CFR, per GLPAC recommendation 7 from a 
subcommittee meeting on April 11, 2018.\14\ We revise the requirements 
in this section to say that United States Registered Pilots, Apprentice 
Pilots, and Temporary Registered Pilots must meet the medical and 
physical standards for a mariner medical certificate in accordance with 
46 CFR part 10, subpart C, and remove the requirements from paragraph 
(b), regarding disease and impairment, and from paragraph (c), 
regarding vision. 46 CFR part 10, subpart C sufficiently covers these 
medical requirements for Pilots. Pilots are still required to meet the 
annual physical examination requirements in 46 CFR 11.709.
---------------------------------------------------------------------------

    \14\ Meeting minutes from the April 11 2018 meeting of the GLPAC 
Regulatory Reform Subcommittee are available in the docket.
---------------------------------------------------------------------------

    The Coast Guard is also updating this section to remove the 
requirement that the examination be performed by a licensed medical 
doctor. A licensed Nurse Practitioner, a licensed Physician Assistant, 
or a licensed Medical Examiner may perform the required examination, in 
addition to licensed medical doctors. The text in Sec.  10.302(b) is 
also updated to align with this change.
Sec.  402.220 Registration of Pilots
    In this section, we update the terminology for ``Apprentice Pilot'' 
and ``minimum number of round trips'' to reflect changes made 
throughout part 401. In paragraph (a), we clarify that the pilot 
association training committee, pilot association president, or 
Director may require additional round trips. The additional rounds 
trips are as needed to demonstrate proficiency in a specific waterway 
or port to ensure maritime safety. We also remove the 1-year time limit 
to complete the round trips, because of limited vessel traffic in some 
districts and ports, meaning that some Apprentice Pilots are not able 
to complete the required number of training trips within 1 year. We 
include a caveat that the minimum number of round trips listed in the 
regulations, or in an Apprentice Pilot's individual training plan, does 
not guarantee advancement to Full Registration. This way, the pilot 
association and the Director can reserve the discretion to require 
additional round trips when necessary.
    The Coast Guard removes foreign language requirements from Sec.  
402.220(b)(5) and knowledge of foreign-made navigational equipment from 
Sec.  402.220(b)(10). The current pilotage regulations in paragraph 
(b)(5) require United States Registered Pilots to be able to provide 
``[instructions] in basic helm and engine telegraph orders in Greek, 
Spanish, German, and Italian languages.'' These outdated foreign 
language requirements and instructions are no longer necessary or 
enforced because they have been superseded by international treaty 
requirements. Under Chapter 5, Regulation 14, paragraph 4 of the 
International Convention for the Safety of Life at Sea (SOLAS), all 
ships are required to use English as the working language for bridge-
to-bridge and bridge-to-shore safety communications, as well as for 
communications between the Pilot and the bridge watchkeeping personnel. 
This change is in accordance with GLPAC recommendations 2 and 3 from 
the subcommittee meeting on April 11, 2018.\15\
---------------------------------------------------------------------------

    \15\ Id.
---------------------------------------------------------------------------

    In addition, we update the reference to the 1977 version of the MOU 
referenced in this section to reflect the most current issue of this 
Memorandum. The updated version is the ``Memorandum of Understanding, 
Great Lakes Pilotage, Between The United States Coast Guard and The 
Great Lakes Pilotage Authority,'' effective September

[[Page 76324]]

19, 2013. The MOU can be found in the docket.
Sec.  402.320 Working Rules
    The Coast Guard removes the working rule references in paragraphs 
(a)(1) through (4), and instead provides an email address where the 
public may request a copy of the approved working rules for each 
district. Each association updates its working rules frequently. It is 
impractical for the Coast Guard to issue regulations to update this 
section every time an association issues new working rules. To receive 
accurate information, the public can request the most current copy of 
the working rules by emailing the Coast Guard.

E. Technical Revisions Throughout Parts 401 and 402

    Throughout parts 401 and 402, this final rule changes most 
instances of ``shall'' to ``must'' to conform to plain language 
guidelines. We change instances where the regulations require the 
Director or the Coast Guard to act from ``shall'' to ``will'' to 
clearly indicate how the Coast Guard will respond. However, we change 
instances where the Director or the Coast Guard needs to reserve 
discretion in issuing certain endorsements or decisions from ``shall'' 
to ``may.''
    We also change uses of ``Registered Pilot'' within the text of the 
regulations to specify exactly which phases of Pilot registration are 
meant, and to align these references with defined terms. We update all 
references to ``pool'' to ``pilotage pool'' to conform to the new 
definition for pilotage pool.
    Additionally, in several sections, we update the mailing addresses 
in the regulations for the Great Lakes Pilotage Office to our current 
address: Great Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. 
SE, Mail Stop 7509, Washington, DC 20593-7509.
    In certain places in the regulations, we replace ``Commandant'' 
with ``Director'' for decisions that are made, in practice, by the 
Director. This change clarifies the procedures and expectations for the 
public. For example, we change Sec.  401.220(b), because the Director 
prescribes the minimum number of round trips and written examination 
for Full Registration. These changes reflect current practice.
    In section 401.250, we removed the word ``license'' as this term is 
not used in this context any longer. Mariners are given ``certificates 
with endorsements.'' Another nomenclature change throughout parts 401 
and 402 is changing instances of ``his'' to ``they'' or ``their'' to be 
gender inclusive.
    We make several technical revisions and nomenclature changes in the 
Administrative Law Judge decision sections in 46 CFR part 401, subpart 
F, including sections 401.645 and 401.650. There are no substantive 
changes in subpart F.
    This final rule also removes outdated references to Title 52 of the 
Revised Statutes and replaces them with the current statutory 
requirements for Great Lakes pilotage, Title 46 of the United States 
Code. Public Law 98-99, 97 Stat. 558 consolidated these statutory 
requirements into 46 U.S.C. on August 26, 1983.

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory Review), and Executive 
Order 13563 (Improving Regulation and Regulatory Review) direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866, as amended by Executive Order 14094 (Modernizing 
Regulatory Review). Accordingly, OMB has not reviewed this rule. A 
regulatory analysis (RA) follows. None of the public comments prompted 
changes to the methodology used for the regulatory analysis. Further, 
there are no recent wages available at the time of the final analysis. 
Therefore, the regulatory analysis for this final rule is as published 
in the NPRM with no changes.
Affected Population
    The affected population for this rule includes an average of 51 
U.S. Great Lakes Pilots, 9 Apprentice Pilots, and 3 Temporary 
Registered Pilots over a period of 5 years (2018-2022), all represented 
by 3 pilot associations. Table 1 shows the population from 2018 to 
2023, using projections provided by the pilot associations published in 
the annual ratemaking for each year. Some of the changes detailed below 
impact a subset of this population, in which case we later detail the 
average of that subset, along with the cost estimate. Unless otherwise 
noted, the change impacts the entire affected population equally.

                                     Table 1--Affected Population 2018-2023
----------------------------------------------------------------------------------------------------------------
                                                               Temporary
                                              Pilots       Registered Pilots   Apprentice Pilots       Total
----------------------------------------------------------------------------------------------------------------
2023....................................              56                   3                   6              65
2022....................................              51                   2                   9              62
2021....................................              54                   3                   8              65
2020....................................              52                   3                  13              68
2019....................................              51                   3                   8              62
2018....................................              49                   3                   7              59
                                         -----------------------------------------------------------------------
    Average (2018-2022).................            51.4                 2.8                   9            63.2
----------------------------------------------------------------------------------------------------------------
* Note: Data provided above for each year (inclusive of Year 2023) are projections based on pilot association
  estimates. We have chosen to draw the average from 2018-2022.


[[Page 76325]]

Costs
    Most of the cost impacts for this rule have already been realized 
by industry. As a result of the 2018 ratemaking final rule, a new 
staffing model was established, and updates to the Great Lakes Pilotage 
Management System (GLPMS) data management system occurred. 2018 also 
saw the Director provide industry and associations informal guidance on 
many of the cost provisions found in this rulemaking. This informal 
guidance directly impacted current industry practices referenced in 
this rulemaking.
    Therefore, to provide a comprehensive estimate of the impacts of 
this rulemaking, the Coast Guard utilizes two baselines, a ``Pre-
Guidance'' baseline'' and a ``No Action'' baseline. The Pre-Guidance 
baseline captures costs across two different time horizons. First, it 
provides transparency regarding costs realized from 2018-2022 due to 
informal guidance becoming industry practice. Second, it captures new 
cost impacts across a 10-year period of analysis from 2023-2032 that 
stem from this rulemaking. Therefore, the entire period of analysis for 
the Pre-Guidance baseline is 2018-2032. The No Action baseline 
represents the current state of the world, as if there were no 
rulemaking. Quantifying costs against the No Action baseline entails 
including only costs directly attributable to this rule and excludes 
any costs derived from 2018 guidance. The period of analysis for costs 
relative to the No Action baseline is 2023-2032. See table 2 for a 
visual depiction of the baselines.
[GRAPHIC] [TIFF OMITTED] TR17SE24.019

    Table 3 shows the summary of net costs, broken down by each of the 
two baselines. The figures shown for each baseline are in 2022 dollars 
and are discounted at 7 percent.

                Table 3--Summary of Net Costs by Baseline
                             [2022 Dollars]
------------------------------------------------------------------------
                                  Pre-Guidance       No Action baseline
                              baseline (2018-2032;       (2023-2032;
                                 discounted 7%)        discounted 7%)
------------------------------------------------------------------------
Net Private Costs to          Net Costs to          Net Costs to
 Industry.                     Industry:             Industry:
                               ($720,755.13).        ($834,809.05)
                              Annualized Net Costs  Annualized Net Costs
                               to Industry:          to Industry:
                               ($56,422.19).         ($118,858.03)
Net Costs to Government.....  Net Costs to          Net Costs to
                               Government:           Government: $0.00
                               $12,540.65.          Annualized Net Costs
                              Annualized Net Costs   to Government:
                               to Government:        $0.00
                               $981.71.
                             -------------------------------------------
    Total Net Costs.........  Total Net Costs:      Total Net Costs:
                               ($708,214.47).        ($834,809.05)
                              Annualized Net        Annualized Net
                               Costs: ($55,440.48).  Costs:
                                                     ($118.858.03)
------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.


[[Page 76326]]

    The no-cost category, summarized in table 4, includes changes that 
have no cost, because the change is administrative where the regulatory 
text needs revision for clarity to reflect reorganization of the text. 
It also includes changes that result in no costs for either baseline, 
where the substantive action occurred prior to 2018 (through either 
existing regulatory text or longstanding guidance). For many of the 
cost items, the affected population already realizes the impact of the 
changes from prior ratemakings and general changes to industry's 
current practice. Certain items in table 4 solely represent information 
collection costs, rather than new regulatory costs. Note that 
information collection costs include any cost of ongoing reporting or 
recordkeeping that must be submitted to the Coast Guard.

                                       Table 4--Summary of No-Cost Changes
----------------------------------------------------------------------------------------------------------------
           CFR section               Description of change       Reason for no cost             Benefits
----------------------------------------------------------------------------------------------------------------
Purpose: Sec.   401.100..........  Adds the word              This is an                Further clarifies the
                                    ``pilotage'' to clarify    administrative change;    purpose of the section
                                    the part relates to the    pilotage is an older      and reduces confusion.
                                    creation of ``pilotage     term from the 1960's,
                                    pools''.                   whereas pilotage pools
                                                               are more commonly used
                                                               today, but both refer
                                                               to the same thing.
Purpose: Sec.   401.100..........  Adds text to clarify that  This is an                Further clarifies the
                                    ``Registered Pilots''      administrative change     purpose of the section
                                    refers to ``United         that makes explicit       and reduces confusion.
                                    States Registered          that the regulation
                                    Pilots''.                  does not include
                                                               Canadian Pilots, which
                                                               is implicit based on
                                                               the contextual language.
Definitions: Sec.   401.110......  Removes numbering of       This is an                Eases finding
                                    definitions and            administrative change.    definitions, increasing
                                    arrangement in                                       readability and
                                    alphabetical letter.                                 clarity.
Definitions: Sec.   401.110......  Adds the definition for    This is an                Further clarifies the
                                    ``Applicant'' to clarify   administrative change     differences between an
                                    that an ``Applicant'' is   that distinguishes an     ``Applicant,''
                                    a person who has           applicant awaiting an     ``Applicant Trainee,''
                                    submitted a Form CG-4509   acceptance decision       and ``Apprentice
                                    to the Director to be      from an Applicant         Pilot'', which were
                                    considered for placement   Trainee accepted into     previously not
                                    in an approved U.S.        training.                 distinguished but all
                                    Great Lakes pilot                                    referred to
                                    training and                                         synonymously as
                                    qualification program at                             ``applicant''.
                                    one of the established
                                    pilotage pools.
Definitions: Sec.   401.110......  Modifies the definition    This distinguishes an     Further clarifies the
                                    of ``Applicant Trainee''   Applicant Trainee         differences between an
                                    to clarify that an         accepted into training    ``Applicant,''
                                    Applicant Trainee is a     from an applicant         ``Applicant Trainee,''
                                    person approved and        awaiting an acceptance    and ``Apprentice
                                    certified by the           decision.                 Pilot'', which were
                                    Director, who is                                     previously not
                                    participating in an                                  distinguished but all
                                    approved U.S. Great                                  referred to
                                    Lakes pilot training and                             synonymously as
                                    qualification program                                ``applicant''.
                                    but does not qualify as
                                    an Apprentice Pilot.
Definitions: Sec.   401.110......  Removes the last sentence  The base definition of    Clarifies how this
                                    from the definition of     Apprentice Pilot is       definition is used in
                                    Apprentice Pilot, ``This   unchanged.                conjunction with the
                                    definition is only                                   new definitions of
                                    applicable to                                        Applicant and Applicant
                                    determining which pilots                             Trainee, which were not
                                    may be included in the                               used when the term
                                    operating expenses,                                  Applicant Pilot was
                                    estimates, and wage                                  first introduced.
                                    benchmark in Sec.  Sec.
                                     404.2(b)(7),
                                    404.103(b), and
                                    404.104(d) and (e)''.
Definitions: Sec.   401.110......  Modifies the definition    This is an                Adds additional clarity
                                    of ``association'' to      administrative change     to the source of the
                                    clarify that the           that does not change      Director's authority
                                    Director of Great Lakes    the method of             and reduces confusion
                                    Pilotage issues a          authorization but         on what actions are the
                                    Certificate of             clarifies the source of   responsibility of the
                                    Authorization, not the     authority.                Coast Guard and what is
                                    Great Lakes Pilotage                                 the responsibility of
                                    Branch.                                              the Director.
Definitions: Sec.   401.110......  Updates the abbreviation   This is an                Adds additional clarity
                                    of ``Commandant'' from     administrative change.    and reduces confusion.
                                    ``CG-00'' to ``CCG''.
Definitions: Sec.   401.110......  Adds a definition for      This is an                Adds additional clarity
                                    ``chemical test''.         administrative change.    and reduces confusion.
                                                               The new definition is
                                                               the same as the
                                                               existing definition in
                                                               46 CFR 4.03-7.
Definitions: Sec.   401.110......  Updates the address for    This is an                Adds additional clarity
                                    the Director from          administrative change.    and reduces confusion.
                                    ``Commandant (CG-WWM-2),
                                    to Attn:'' to
                                    ``Director''.
Definitions: Sec.   401.110......  Updates the definition     This is an                It has the
                                    for ``comparable           administrative change.    unquantifiable benefit
                                    experience''.              It clarifies that         of expanding the number
                                                               experience similar to     of potential applicants
                                                               experience on a vessel    using experience from
                                                               of 4,000 GT or over can   other areas of the U.S.
                                                               be used to qualify as     to qualify as an
                                                               an applicant.             applicant. To date,
                                                                                         this has not occurred.
Definitions: Sec.   401.110......  Adds the definition of     This is an                Further clarifies the
                                    ``Full Registration''      administrative change     difference between
                                    for additional clarity.    that does not change      Full, Limited, and
                                                               the requirements to       Temporary
                                                               achieve Full              Registrations.
                                                               Registration, but
                                                               distinguishes the
                                                               different types of
                                                               registration.
Definitions: Sec.   401.110......  Updates the definition     This is an                Further clarifies the
                                    for ``Limited              administrative change     difference between
                                    Registration''.            that distinguishes from   Full, Limited, and
                                                               a Temporary               Temporary
                                                               Registration where,       Registrations.
                                                               previously,
                                                               ``temporary'' referred
                                                               to multiple types of
                                                               registration. This does
                                                               not change the current
                                                               requirements for
                                                               receiving any of the
                                                               types of registration.
Definitions: Sec.   401.110......  Creates a definition for   This is an                Further clarifies 46 CFR
                                    ``marine accident''.       administrative change     401.260(a), incident
                                                               that distinguishes        reporting requirements
                                                               between reportable        for Pilots on the Great
                                                               marine casualties that    Lakes. The requirement
                                                               are sent to the Coast     to notify the Director
                                                               Guard under 46 CFR part   is not new, but
                                                               4, and accident reports   differentiating the
                                                               of those casualties       kinds of reports makes
                                                               that are sent to the      it clearer to whom the
                                                               Director if the           notice must be given.
                                                               casualty affects
                                                               pilotage.

[[Page 76327]]

 
Definitions: Sec.   401.110......  Creates a definition for   This does not change the  Further clarifies round-
                                    ``minimum number of        existing minimum          trip requirements for
                                    round trips''.             requirements, which are   Apprentice Pilots to be
                                                               detailed in 401.220(b).   in line with added
                                                               This addition clarifies   distinctions between
                                                               that the number of        Apprentice Pilots and
                                                               trips applies to trips    Applicant Trainees.
                                                               conducted by an
                                                               Apprentice Pilot, not
                                                               by an Applicant Trainee.
Definitions: Sec.   401.110......  Renames the term ``pool''  This is an                Further clarifies that
                                    to ``pilotage pool'' and   administrative change     pilotage pools are
                                    adds additional text to    that better aligns with   organizations holding a
                                    the definition.            current authorization     Certificate of
                                                               language..                Authorization issued by
                                                                                         the Director, which are
                                                                                         the three existing
                                                                                         pilot associations for
                                                                                         each of the three
                                                                                         districts.
Definitions: Sec.   401.110......  Adds additional text to    This is an                Further clarifies how
                                    the term ``rate            administrative change.    the weighting factors
                                    computation                                          are calculated.
                                    definitions'' to clarify
                                    that these definitions
                                    are used to determine
                                    the weighting factors in
                                    the rate.
Definitions: Sec.   401.110......  Adds definition for        This is an                Further clarifies what
                                    ``round trip''.            administrative change.    is considered a round
                                                                                         trip.
Definitions: Sec.   401.110......  Adds definition for        This is an                Further clarifies the
                                    ``Semi-annual              administrative change.    Semi-annual Performance
                                    Performance Evaluation                               Evaluation Report.
                                    Report''.
Definitions: Sec.   401.110......  Adds the additional text   This is an                Updates text to
                                    to the definition of       administrative change.    reference current U.S.
                                    ``United States                                      Code sections and
                                    Registered Pilot''.                                  mariner credentialing
                                                                                         requirements.
Application for registration:      Adds email address and     This is an                Adds email address and
 Sec.   401.200.                    physical mailing address   administrative change.    physical mailing
                                    for submission of Form                               address to make it
                                    CG-4509.                                             easier for the
                                                                                         regulated public to
                                                                                         submit the form.
Application for registration:      Removes text requiring     Form CG-4509 already      Adds clarity by removing
 Sec.   401.200.                    two photographs be         requires the submission   duplicative text.
                                    submitted with Form CG-    of two signed
                                    4509.                      photographs. This
                                                               change merely removes
                                                               duplicative text, not
                                                               the requirement to
                                                               submit the photographs.
Sec.   401.210(a)................  Changes ``Requirements     This is an                Further clarifies Full
                                    and qualifications for     administrative change.    Registration in
                                    Registration'' to                                    comparison to
                                    ``Requirements and                                   requirements for new
                                    qualifications for Full                              definitions.
                                    Registration''.
Sec.   401.210(a)................  Adds the word ``fully''..  This is an                Adds clarity by matching
                                                               administrative change.    title to altered text
                                                                                         in the body paragraph.
Sec.   401.210(a)(1).............  Adds clarifying text       This change removes       Adds clarity by making
                                    updating authority from    outdated language, and    the citation more
                                    ``revised statutes'' to    it updates to the most    specific. Mariners are
                                    specify 46 CFR part 11,    current authority         no longer issued
                                    removing ``license or      citations to provide      licenses but
                                    MMC'' to read ``MMC with   clarity. However, it      credentials with
                                    an officer                 does not change           endorsements. This
                                    endorsement'', and         existing requirements.    change replaces
                                    replacing ``tows'' with                              outdated language with
                                    ``barge'' in                                         more current language
                                    ``integrated tug and                                 and authorities. The
                                    barge''.                                             emphasis on barges
                                                                                         clarifies that Pilots
                                                                                         must be credentialed
                                                                                         deck officers, and the
                                                                                         tonnage requirements
                                                                                         apply to an integrated
                                                                                         tug and barge, not the
                                                                                         aggregate tonnage of a
                                                                                         tug and tow.
Sec.   401.210(a)(4).............  Adds ``applicable'' to     This is an                Improves clarity of the
                                    ``applicable medical       administrative change     source of requirements.
                                    requirements and           as the requirements in
                                    standards'' and the CFR    the cited CFR section
                                    citation to the existing   are unchanged.
                                    requirements.
Sec.   401.210(a)(6).............  Removes text specifying a  TWICs are already         Increases clarity and
                                    requirement to hold a      required to hold an       readability of the CFR
                                    TWIC in addition to an     MMC, so specifying both   by removing unnecessary
                                    MMC.                       is redundant.             text.
Sec.   401.210(a)(7).............  Removes unnecessary text   This is an                Increases clarity and
                                    and changes the term       administrative change     readability of the CFR
                                    ``Applicant Pilots'' to    necessary to make text    by removing text
                                    ``Apprentice Pilots''.     consistent with new,      specifying application
                                                               added definitions in      for pilotage, which is
                                                               other sections that       already specified in
                                                               clarify between           the title of the
                                                               applicants, Applicant     section. Increases
                                                               Trainees, and             clarity by changing
                                                               Apprentice Pilots.        ``Applicant Pilots'' to
                                                                                         ``Apprentice Pilots''
                                                                                         to be consistent with
                                                                                         definition changes.
Sec.   401.210(a)(8).............  Adds new paragraph         This is an                Adds clarity by making
                                    requiring the individual   administrative change     citation more specific
                                    to meet the chemical       that integrates           and eliminating the
                                    testing requirements in    references to the         need to update text
                                    46 CFR part 16 for Full    existing source of        when parts of 46 CFR
                                    Registration.              requirements rather       part 16 change.
                                                               than restating
                                                               requirements. This is
                                                               an existing requirement
                                                               for all mariners
                                                               holding an MMC, per 46
                                                               CFR 10.209(h) and 46
                                                               CFR part 16.
Sec.   401.211...................  Changes text from          This is an                Adds clarity and
                                    ``Applicant Pilots'' to    administrative change     consistency for
                                    ``Apprentice Pilots'' to   necessary to make text    references to new
                                    be consistent with new     consistent with new       definitions.
                                    terms.                     definitions added in
                                                               other sections.
Sec.   401.211(b)................  Creates new paragraph (b)  This is an                Adds clarity and better
                                    containing current text.   administrative change     readability by making
                                                               necessary to detail       requirement list stand
                                                               changes in the            out within the
                                                               organization of the       paragraph.
                                                               text.
Sec.   401.211(b)(3).............  Adds citation to 46 CFR    Pilots must already hold  Adds clarity by making
                                    part 11.480 to clarify     a Radar Observer          citation more specific
                                    requirements to obtain     qualification.            and eliminating the
                                    Radar Observer                                       need to update text
                                    qualification but does                               when parts of 46 CFR
                                    not change the existing                              part 11.480 change.
                                    requirement to hold a
                                    Radar Observer
                                    qualification.
Sec.   401.211(e)................  Adds address for           This is an                Adds email and mailing
                                    submission of Form CG-     administrative change.    address to make it
                                    4509.                                                easier for the
                                                                                         regulated public to
                                                                                         submit forms.
Sec.   401.211(e)................  Adds text requiring two    This is an                Clarifies the
                                    photographs be submitted   administrative change     requirements for
                                    with Form CG-4509 to       that does not alter the   submitting Form CG-4509
                                    provide clarity since      existing requirements     where methods of
                                    Sec.   401.200 no longer   of Form CG-4509.          submission are
                                    requires it.                                         discussed.

[[Page 76328]]

 
Sec.   401.211(f)................  Creates new paragraph      This is an                Improves clarity and
                                    (f), modifying text to     administrative change.    makes text consistent
                                    clarify who may be                                   with definitions.
                                    issued a U.S. Coast
                                    Guard Apprentice Pilot
                                    ID Card. Replaces the
                                    terms ``applicant'' and
                                    ``Applicant Pilot'' with
                                    ``Apprentice Pilot''.
Sec.   401.211(f)(1).............  Adds new paragraph         This is an                Improves clarity.
                                    stating the Director may   administrative change.
                                    set an expiration date
                                    for the Apprentice Pilot
                                    ID Card.
Sec.   401.211(f)(4).............  Minor wording changes....  This is an                Improves clarity by
                                                               administrative change.    specifying the ID card
                                                                                         is withdrawn.
Sec.   401.211(i)................  New paragraph requires     This change simply        Improves clarity of
                                    Apprentice Pilots to be    updates text, as this     applicability to make
                                    enrolled in the            is already required as    all text consistent
                                    association's chemical     part of casualty          across new sections
                                    testing program.           reporting.                that specify
                                                                                         requirements for
                                                                                         applicants, Applicant
                                                                                         Trainees, and
                                                                                         Apprentice Pilots.
Sec.   401.211(k)................  New paragraph outlines     This change updates text  Creates clarity by
                                    requirements for Full      to describe current       detailing section title
                                    Registration, including    practice. The impact of   for Apprentice Pilot to
                                    passing an exam, a         the change from prior     be consistent with new
                                    positive endorsement       text has already been     terms.
                                    from the association,      realized in 401.220(b).
                                    and the determination by
                                    the Director of the need
                                    for an additional Pilot.
Sec.   401.214...................  Adds new section with      This is an                Creates clarity by
                                    requirements for           administrative change     codifying requirements
                                    Applicant Trainees.        to separate               for Applicant Trainees
                                                               requirements to           in a separate, new
                                                               Applicant Trainees and    section distinct from
                                                               Apprentice Pilots in      Apprentice Pilots, so
                                                               accordance with           that requirements are
                                                               definitions.              in clearly distinct
                                                                                         sections and consistent
                                                                                         with new terms. The
                                                                                         requirements themselves
                                                                                         are not new, as they
                                                                                         were in place when all
                                                                                         stages of training were
                                                                                         referred to
                                                                                         indistinguishably as
                                                                                         applicants.
Sec.   401.214(b)................  New paragraph adding       This is an                Creates clarity by
                                    qualifications to be       administrative change     listing requirements in
                                    considered an Applicant    necessary to              clearly distinct
                                    Trainee.                   distinguish applicants    sections and consistent
                                                               from Applicant            with new terms. The
                                                               Trainees. Use of this     requirements themselves
                                                               term is already common    are not new, as they
                                                               practice.                 were in place when all
                                                                                         stages of training were
                                                                                         referred to
                                                                                         indistinguishably as
                                                                                         applicants.
Sec.   401.214(e)................  New paragraph clarifies    Applicant Trainees have   Improves clarity by
                                    that Applicant Trainees    already been submitting   codifying the
                                    must submit an             these forms, but the      requirement that
                                    application on Form CG-    regulatory text did not   Applicant Trainees must
                                    4509.                      reference Applicant       submit an application.
                                                               Trainees specifically.    The requirement itself
                                                               This practice predates    is not new and is a
                                                               any guidance issued in    long-standing practice.
                                                               2018 and is not a
                                                               result of this
                                                               rulemaking. This new
                                                               clarifying paragraph
                                                               codifies a longstanding
                                                               practice. Therefore,
                                                               this is a no-cost
                                                               change in both our Pre-
                                                               Guidance baseline (2018-
                                                               2032) and our No Action
                                                               baseline (2023-2032).
Sec.   401.220(b)................  Changes the term           This is an                Creates clarity by
                                    ``Applicant Pilot'' to     administrative change     listing requirements in
                                    ``Apprentice Pilot''.      necessary to make text    clearly distinct
                                                               consistent with new       sections and consistent
                                                               definitions added in      with new terms. The
                                                               other sections.           requirements themselves
                                                                                         are not new, as they
                                                                                         were in place when all
                                                                                         stages of training were
                                                                                         referred to
                                                                                         indistinguishably as
                                                                                         applicants.
Sec.   401.220(b)(2).............  Clarifies that Apprentice  This is an                Increases clarity of the
                                    Pilots, not Applicant      administrative change     CFR to specify where
                                    Pilots, must complete      necessary to make text    ``Apprentice Pilot''
                                    the approved course of     consistent with new       replaces the previous
                                    instruction prescribed     definitions for           term ``Applicant
                                    by the association         applicant, Applicant      Pilot''
                                    authorized to establish    Trainee, and Apprentice
                                    the pilotage pool.         Pilot.
Sec.   401.220(b)(3).............  Minor wording changes to   This is an                Removes outdated and
                                    improve clarity and        administrative change     gendered references
                                    readability.               necessary to make text    consistent with changes
                                                               consistent with new       in other sections. The
                                                               definitions added in      change clarifies that
                                                               other sections.           the written exam comes
                                                                                         after the requirements
                                                                                         set forth in (b)(1) and
                                                                                         (b)(2).
Sec.   401.220(c)................  Changes wording to be      This is an                Increases clarity of the
                                    consistent with new        administrative change     CFR to specify where
                                    definitions of             necessary to make text    ``Apprentice Pilot''
                                    Apprentice Pilot and       consistent with new       replaces the previous
                                    Applicant.                 definitions added in      term ``Applicant
                                                               other sections.           Pilot''.
Sec.   401.220(d)................  Changes wording to be      This is an                Increases clarity of the
                                    consistent with new        administrative change     CFR to specify where
                                    definitions and removes    necessary to make text    ``Apprentice Pilot''
                                    outdated reference to      consistent with new       replaces the old
                                    Title 52 of Revised        definitions added in      language and remove
                                    Statutes.                  other sections.           gendered references.
Sec.   401.220(e)................  Deletes paragraph........  This is an                Increases clarity of the
                                                               administrative change.    CFR necessary to be
                                                                                         consistent with new
                                                                                         sections.
Sec.   401.222...................  Adds new section to move   This is an                Creates clarity by
                                    Temporary Registration     administrative change     making requirements
                                    requirements to their      that updates              clear and consistent
                                    own section for clarity.   organization of the       with a section for each
                                                               part.                     category of applicant,
                                                                                         Applicant Trainee,
                                                                                         Apprentice Pilot,
                                                                                         Pilot, and Temporary
                                                                                         Registered Pilot.
Sec.   401.222(a)................  New paragraph that         This is an                Creates clarity by
                                    clarifies who may hold a   administrative            making requirements
                                    Temporary Registration.    alteration that changes   clear and consistent
                                                               organization of the       with a section for each
                                                               text but does not         category of applicant,
                                                               change the requirements.  Applicant Trainee,
                                                                                         Apprentice Pilot,
                                                                                         Pilot, and Temporary
                                                                                         Registered Pilot.
Sec.   401.230(a)................  Minor wording change,      This is an                Updates text to
                                    updates statutory          administrative change     reference U.S. Code to
                                    reference.                 necessary to make text    improve clarity.
                                                               consistent with new
                                                               definitions added in
                                                               other sections.

[[Page 76329]]

 
Sec.   401.230(a)................  Updates statutory          This is an                Improves clarity of the
                                    references and makes       administrative change     CFR.
                                    minor wording changes to   removing outdated
                                    improve clarity and        references.
                                    readability.
Sec.   401.230(c)................  Modifies to include more   This is an                Increased clarity as
                                    up-to-date terms and       administrative change     ``Photostat'' is not a
                                    methods of copying         necessary to make text    common term.
                                    documents.                 consistent with new
                                                               definitions added in
                                                               other sections.
Sec.   401.240(d)................  Minor wording changes,     This is an                Improves clarity by
                                    replaces the word          administrative change.    better matching the
                                    ``Commandant'' with                                  language used by
                                    ``Director''.                                        industry.
Sec.   401.250(d)................  Removes the word           This is an                Improves clarity and
                                    ``license''.               administrative change     eliminates confusion as
                                                               that does not change      to what ``license''
                                                               the requirement to have   refers to.
                                                               an MMC.
Sec.   401.260(a)................  Clarifies reporting        This is an                Creates clarity by
                                    requirements also apply    administrative change     making requirements
                                    to Pilots on a Limited     necessary to make text    clear and consistent
                                    or Temporary               consistent with new       with new terms.
                                    Registration and other     definitions added in
                                    minor wording changes.     other sections.
Sec.   401.260(a)................  Reformats report contents  This is an                Improves clarity by
                                    from a paragraph to a      administrative change     making the list of
                                    numbered list.             reflecting organization   requirements more
                                                               of text.                  legible.
Sec.   401.260(a)................  Modifies 401.260(a) to     This practice predates    Improves clarity on the
                                    add clarity regarding      any 2018 guidance. The    format of the
                                    the existing practice of   Director's office         submission and when the
                                    receiving marine           already receives these    marine accident report
                                    accident reports. It       reports and does not      is required.
                                    outlines that a written    expect the trend in
                                    report is required when    reports received to
                                    a marine incident occurs   change as a byproduct
                                    while an Apprentice        of this rulemaking. The
                                    Pilot, Apprentice Pilot    submission requirement
                                    with Limited               for these reports is
                                    Registration, United       found in Sec.   401.260
                                    States Registered Pilot,   and originated in 31 FR
                                    or Temporary Registered    9065.\16\ Therefore, it
                                    Pilot is providing         is a no-cost change in
                                    pilotage services.         both our Pre-Guidance
                                                               baseline (2018-2032)
                                                               and our No Action
                                                               baseline (2023-2032).
Sec.   401.260(a)(7).............  Adds requirement for       This does not change the  Improves clarity by
                                    Pilots to share the        requirement for testing   making requirements
                                    results of post-casualty   governed by 46 CFR 4.06-  easier to find in an
                                    drug and alcohol tests     3. Rather, Sec.           explicit list.
                                    in the notice to the       401.260(a)(7) details
                                    Director.                  what information must
                                                               also be shared with the
                                                               Director if a
                                                               reportable casualty
                                                               affects pilotage.
Sec.   401.420(c)................  Minor wording changes,     This is an                Further clarifies who
                                    clarifies that the         administrative change     determines whether an
                                    vessel Master determines   since this is already     interruption is caused
                                    weather delays.            industry practice.        by weather.
Sec.   401.425...................  Removes provisions         This is an                Adds additional clarity,
                                    governing Canadian         administrative change     as the Director
                                    approval of double         since the Director does   approves double
                                    pilotage.                  not have to confer with   pilotage for the United
                                                               the Canadians to          States Pilots but has
                                                               approve pilotage and      no jurisdiction over
                                                               has not had to. The       Canadian Pilots.
                                                               reference to Canada was   Canadian Pilots base
                                                               erroneous.                their decisions on
                                                                                         different criteria,
                                                                                         though both countries
                                                                                         may notify each other
                                                                                         of their decision to
                                                                                         approve double pilotage
                                                                                         to assist in pilotage
                                                                                         assignments.
Sec.   401.425...................  Removes the undesignated   This change updates       Improves clarity by
                                    waters of Lake Erie from   text, as the Director     removing outdated
                                    the Southeast Shoal to     can already require       language.
                                    Colborne restrictions      double pilotage as the
                                    and states that the        situation dictates. The
                                    Director will evaluate     regulatory text was
                                    dual pilotage on a case-   outdated, and double
                                    by-case basis.             pilotage is allowed in
                                                               this area when needed.
Sec.   401.431(a)................  Establishes a 60-business- There has only been one   Improves clarity and
                                    day billing dispute        instance of a dispute     reduces the likelihood
                                    deadline, minor wording    longer than 60 days. We   of a dispute occurring
                                    changes.                   do not expect any         after the books have
                                                               further impacts.          been closed.
Sec.   401.431(d)................  Minor wording changes to   This process predates     Improves clarity on who
                                    clarify that the pilot     the 2018 guidance. The    is considered the
                                    association is the         ability to appeal (Sec.   respondent and the
                                    respondent, and they         401.431(d)) was         exact timeline for any
                                    have 20-business days to   initially added to the    pilot association
                                    defend disputed charges    CFR via 29 FR 10467       wishing to defend
                                    starting from when they    (July 28, 1964).\17\ No   disputed charges.
                                    receive the notice of      changes to this
                                    appeal. Previous text      behavior occurred over
                                    listed 20 days without     2018-2022. The Coast
                                    specifying business days   Guard does not expect
                                    or when those days would   wording changes in this
                                    begin counting. No         rulemaking to alter
                                    previous dispute           behavior from the pilot
                                    exceeded 20 days.          association. Therefore,
                                                               it is a no-cost change
                                                               in both our Pre-
                                                               Guidance baseline (2018-
                                                               2032) and our No Action
                                                               baseline (2023-2032).
Sec.   401.431(e)................  Minor wording changes to   No cost. This process     Improves clarity for
                                    clarify that the           predates 2018 guidance.   pilot associations
                                    Director responds with     Section 401.431(e) was    submitting charge
                                    an advisory opinion        initially added to the    disputes as to when an
                                    within 30 working days.    CFR via 29 FR 10467       advisory opinion can be
                                    Previous text did not      (July 28, 1964).\18\ No   expected from the
                                    specify a specific         changes to this           Director.
                                    number of days.            behavior occurred from
                                                               2018-2022. The Coast
                                                               Guard does not expect
                                                               wording changes in this
                                                               rulemaking to alter the
                                                               Director's behavior in
                                                               responding with
                                                               advisory opinions. The
                                                               text simply clarifies a
                                                               longstanding practice.
Sec.   401.431(h)................  Creates new paragraph (h)  This process predates     Improves clarity by
                                    that codifies the          any 2018 guidance. This   codifying the existing
                                    existing practice of       paragraph is codifying    ability for pilot
                                    pilot associations         this long-standing        associations to appeal
                                    appealing the advisory     practice performed by     the advisory opinion
                                    opinion made by the        the pilot associations.   made by the Director.
                                    Director. The regulatory   Neither the 2018          The practice itself is
                                    text specifies that the    guidance nor this         not new and is a
                                    associations may do so     rulemaking                longstanding practice.
                                    within 10 days of          substantively modifies
                                    receiving the opinion.     this pilot association
                                                               practice. Therefore, it
                                                               is a no-cost change in
                                                               both our Pre-Guidance
                                                               baseline (2018-2032)
                                                               and our No Action
                                                               baseline (2023-2032).

[[Page 76330]]

 
Sec.   401.450(b)................  Removes the effective      This is an                Improves clarity, as the
                                    date for the               administrative change     text is outdated from
                                    establishment of the       since the date has        when change point was
                                    pilot change point at      passed.                   first introduced.
                                    Iroquois Lock.
Sec.   401.450(i)................  Replaces Gros Cap with     This moves the change     Makes text consistent
                                    Buoy 33, St. Marys         point to a more           with change points
                                    River, Point Iroquois.     convenient location; it   currently used. This
                                                               does not change the       change point is a new
                                                               number of change points.  location in the river,
                                                                                         closer to the locks and
                                                                                         a safer location to
                                                                                         transfer Pilots on and
                                                                                         off the pilot boat.
                                                                                         Gros Cap was too far
                                                                                         out in the bay (about 2
                                                                                         nautical miles), and
                                                                                         the transfers were
                                                                                         affected by the weather
                                                                                         and transit time.
Sec.   401.450(k)................  Replaces Gros Cap with     See above...............  See above.
                                    Buoy 33.
Sec.   401.510(b)(3)-(7).........  Deletes outdated text....  This is an                Improves clarity of the
                                                               administrative change     CFR by removing
                                                               removing outdated         outdated text.
                                                               references that refer
                                                               to old systems of
                                                               communication in
                                                               paragraph (b)(3) and
                                                               references to when the
                                                               Coast Guard was part of
                                                               the Department of the
                                                               Treasury in paragraphs
                                                               (b)(4)-(7).
Sec.   401.710(b)................  Updates MOU reference and  This is an                Improves clarity of the
                                    date.                      administrative change     CFR.
                                                               removing outdated
                                                               references.
Sec.   402.220(a)................  Adds discretion for the    This codifies an          Improves clarity of the
                                    Director or association    existing practice that    CFR.
                                    to require additional      does not change the
                                    round trips in a           total number of trips
                                    particular area as part    to meet the minimum but
                                    of meeting the overall     may change where those
                                    minimum number of round    trips occur to ensure
                                    trips requirement..        that the experience in
                                                               training is
                                                               representative of
                                                               future operations.
Sec.   402.220(a)(5).............  Removes section            This is an                Improves clarity of the
                                    describing requirement     administrative change     CFR.
                                    for training in foreign    removing outdated
                                    languages.                 references as these
                                                               courses are no longer
                                                               required under the
                                                               Standards of Training,
                                                               Certification, and
                                                               Watchkeeping (STCW).
Sec.   402.220(a)(7).............  Updates MOU reference....  This is an                Improves clarity of the
                                                               administrative change     CFR.
                                                               removing outdated
                                                               references.
Sec.   402.220(a)(10)............  Removes paragraph........  This is an                Improves clarity of the
                                                               administrative change     CFR.
                                                               removing outdated
                                                               references.
Sec.   402.320(a)................  Removes reference to each  This is an                Improves clarity and
                                    working rule               administrative change,    electronic access of
                                    individually and instead   as the same information   information by the
                                    makes all rules            remains available. The    public and eliminates
                                    available electronically   Coast Guard has never     the need to provide a
                                    by email request.          received a request for    technical amendment
                                                               a paper copy of a         whenever the date of a
                                                               working rule.             working rule changes.
----------------------------------------------------------------------------------------------------------------

    The information collections in this final rule are actions that the 
affected population of Pilots and pilot associations have already 
complied with in prior years. Prior to this rulemaking, the Coast Guard 
had not codified the burden for these collections into the information 
collection request for the Great Lakes Pilotage Rate Methodology (OMB 
Control Number 1625-0086).\19\ We present details on past reporting and 
estimated future regulatory costs to industry in table 5, broken down 
by each of the two baselines. Table 5 also details relevant regulatory 
costs that concurrently act as information collection costs.
---------------------------------------------------------------------------

    \16\ To access 31 FR 9065, please see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf. 
Note that while the requirement is not new, a definition for 
``marine accident'' is made for Sec.  401.110 in this rule.
    \17\ Sec.  401.431(d) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
    \18\ Sec.  401.431(e) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
    \19\ To access the Great Lakes pilotage Rate Methodology ICR, 
please see www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201709-1625-004.

                                      Table 5--Summary of Costs by Baseline
                                        [2022 Dollars, discounted at 7%]
----------------------------------------------------------------------------------------------------------------
                                                                Pre-Guidance baseline   No action baseline (2023-
           CFR section               Description of change           (2018-2032)                  2032)
----------------------------------------------------------------------------------------------------------------
Definitions: Sec.   401.110......  Creates a definition for   The Coast Guard began     No cost. No expected
                                    ``individual training      receiving                 changes in cost from
                                    plan.'' Prior to 2018,     individualized training   this rule when compared
                                    associations used the      plans in 2018.            with cost of informal
                                    same template plan for     Beginning in 2018,        guidance issued in
                                    the entire district,       individualized training   2018. Our No Action
                                    rather than                plans took 2 hours to     baseline excludes any
                                    individualizing plans.     prepare. This hour        costs directly
                                                               burden per training       attributed to the
                                                               plan is expected to       guidance.
                                                               remain consistent (2
                                                               hours) across 2018-2032.
                                                              Total Cost to Industry
                                                               2018-2032: $10,015.59.
                                                              Annualized Cost: $784.04

[[Page 76331]]

 
Sec.   401.211(g)................  Adds new paragraph that    The Coast Guard began     No cost. No expected
                                    codifies existing          requiring the Director    changes in cost
                                    practice of requiring      approve these             stemming from this rule
                                    the Director to approve    individual training       when compared with
                                    Apprentice Pilots          plans in 2018 (same       informal guidance
                                    individual training        year the agency began     issued in 2018. Our No
                                    plans.                     receiving the             Action baseline
                                                               individualized training   excludes any costs
                                                               plans). Beginning in      directly attributed to
                                                               2018, we assume that it   the guidance.
                                                               takes the Director 30
                                                               minutes to review. This
                                                               hour burden per
                                                               training plan is
                                                               expected to remain
                                                               consistent (0.5 hours)
                                                               across 2018-2032.
                                                              Total Cost to Government
                                                               2018-2032: $3,899.46.
                                                              Annualized Cost: $305.26
Definitions: Sec.   401.110......  Adds definition for        2018-2022: In the 2023    Any further impacts will
                                    ``Temporary Registered     annual ratemaking, the    be realized through a
                                    Pilot''.                   Coast Guard utilized      ratemaking.
                                                               the definition of
                                                               Temporary Registered
                                                               Pilot to reduce the
                                                               number of Temporary
                                                               Registered Pilots
                                                               projected.
                                                              2023-2032: Any further
                                                               impacts will be
                                                               realized through a
                                                               ratemaking.
Sec.   401.211(h)................  Adds a new section that    This requirement began    No cost. No expected
                                    codifies existing          via informal guidance     changes in cost
                                    practice of requiring      in 2018. An average of    stemming from this rule
                                    Apprentice Pilots to       5 Apprentice Pilots       when compared with
                                    have a Semi-annual         annually submit 18        informal guidance
                                    Performance Evaluation     reports on average.       issued in 2018. Our No
                                    Report.                    Submissions require 6     Action baseline
                                                               hours per report. A       excludes any costs
                                                               review of these reports   directly attributed to
                                                               at the Director's         the guidance.
                                                               office takes 20 minutes
                                                               (0.33 hours) per
                                                               report. These hourly
                                                               burdens remain
                                                               unchanged across 2018-
                                                               2032.
                                                              Total Cost to Industry
                                                               2018-2032: $99,875.41.
                                                              Annualized Cost:
                                                               $7,818.45.
                                                              Total Cost to Government
                                                               2018-2032: $8,641.19.
                                                              Annualized Cost:
                                                               $1,053.61.
Sec.   401.230(d) and Sec.         Adds additional text to    2018-2022: Applicants     No additional cost
 401.240(a).                        clarify the nature of      have been asked to        stemming from
                                    photographs submitted to   resubmit photographs      rulemaking. Potential
                                    the Coast Guard.           only a handful of times   for cost savings if the
                                    Provides clarity by        since 2018.               number of photographs
                                    using common language     2023-2032: No cost.        retaken is reduced.
                                    for ``passport style''     Potential for cost        This cost saving could
                                    photographs that is more   savings if the number     not be quantified,
                                    easily understood. The     of photographs retaken    given the limited
                                    Coast Guard requires a     is reduced. This cost     number of times a cost
                                    signed photograph          saving could not be       has been incurred to
                                    inserted into              quantified given the      retake photographs, and
                                    Certificates of            limited number of times   the absence of public
                                    Registration, as the       a cost has been           input on the matter.
                                    photograph with the        incurred to retake        That cost was never
                                    signature is used in       photographs and that      quantified.
                                    making certificates. In    cost was never
                                    some cases, the            quantified.
                                    photograph submitted is
                                    too far away from the
                                    face of the subject, and
                                    to capture the signature
                                    a portion of the person
                                    may be cut off. This
                                    change eliminates these
                                    issues and needing new
                                    photographs to be
                                    submitted.
Sec.   401.260...................  Removes paragraph (d),     2018-2022: No cost        Cost savings over 2023-
                                    which required             savings. This process     2032 are attributed
                                    submission of monthly      predates 2018 guidance    only to this rulemaking
                                    availability reports.      and has not changed in    and are not a byproduct
                                                               scope during 2018-2022,   of any guidance over
                                                               due to guidance. The      the 2018-2022
                                                               requirement to provide    timeframe. Therefore,
                                                               these originates in 31    our cost savings in the
                                                               FR 9065 (July 1,          No Action baseline
                                                               1966).\20\ From 2018-     equate to those in our
                                                               2022, associations kept   Pre-Guidance baseline.
                                                               record of approximately  Removing the submission
                                                               672 monthly               requirement results in
                                                               availability reports      cost savings over the
                                                               each year during the 10   No Action baseline
                                                               months between when the   period of analysis
                                                               locks are opened and      (2023-2032).
                                                               closed, for each Pilot   Total Cost Savings to
                                                               and Apprentice Pilot on   Industry (2023-2032):
                                                               roster.                   $(835,065.99).
                                                              2023-2032: If Coast       Annualized Cost Savings:
                                                               Guard continued to        $(118,894.61).
                                                               require these reports,
                                                               we expect to receive
                                                               650 annually. It is
                                                               estimated that each
                                                               monthly report takes
                                                               2.5 hours to submit.
                                                               Removing this required
                                                               submission results in
                                                               cost savings over 2023-
                                                               2032.
                                                              Total Cost Savings to
                                                               Industry (2018-2032):
                                                               $(835,065.99).
                                                              Annualized Cost Savings:
                                                               $(65,370.68).

[[Page 76332]]

 
Sec.   401.431(b)................  Changes ``in writing'' to  2018-2022: No cost. The   Costs over 2023-2032 are
                                    ``official                 appeal process did not    attributed only to this
                                    correspondence'', and      originate from 2018       rulemaking and are not
                                    adds requirements for      guidance. The ability     a byproduct of any
                                    what information must be   to appeal (Sec.           guidance over the 2018-
                                    in the appeal, rather      401.431(b)) was           2022 timeframe.
                                    than Coast Guard           initially added to the    Therefore, our cost
                                    receiving disputes in      CFR via 29 FR 10467       savings in the No
                                    varying formats.           (July 28, 1964).\21\      Action baseline equate
                                                               2018 guidance did not     to those in our Pre-
                                                               alter any aspect of       Guidance baseline.
                                                               this existing            The changes result in
                                                               requirement.              costs over our No
                                                              2023-2032: With the        Action baseline period
                                                               changes, the Coast        of analysis (2023-
                                                               Guard estimates that      2032).
                                                               forthcoming submissions  Total Cost to Industry
                                                               will take 1 hour each,    2023-2032: $256.94.
                                                               an additional 30         Annualized Cost: $36.58.
                                                               minutes per report. To
                                                               avoid double counting
                                                               an existing regulatory
                                                               cost associated with
                                                               these reports, the
                                                               ``Pre-Guidance''
                                                               baseline uses 0.5 hours
                                                               for the time burden.
                                                               The Coast Guard
                                                               estimates receiving one
                                                               of these reports
                                                               annually over 2023-2032.
                                                              Total Cost to Industry
                                                               2018-2032: $256.94.
                                                              Annualized Cost: $20.11.
Sec.   402.210(a)................  Adds Apprentice Pilots     This requirement began    No cost. No expected
                                    and Temporary Registered   via informal guidance     changes in cost
                                    Pilots. Adds citation to   in 2018. This change      stemming from this rule
                                    current CFR requirements   impacts mariners who      when compared with
                                    for all Pilots to pass a   submit Apprentice Pilot   informal guidance
                                    physical examination.      applications to the       issued in 2018. Our No
                                    Given this edition, it     Director. From 2018-      Action baseline
                                    equates to more than an    2022, the Coast Guard     excludes any costs
                                    editorial change.          received an average of    directly attributed to
                                                               15 such applications      the guidance.
                                                               annually. Each medical
                                                               certificate takes about
                                                               18 minutes (0.3 hours)
                                                               to draft and submit.
                                                               The Coast Guard expects
                                                               no change in behavior
                                                               or burden over 2023-
                                                               2032 because of this
                                                               rulemaking.
                                                              Total Cost to Industry
                                                               2018-2032: $4,162.92.
                                                              Annualized Cost: $325.88
Sec.   402.210(b)................  Removes paragraph........  Cost included in change   No cost.
                                                               to Sec.   402.210(a).
Sec.   402.210(c)................  Removes paragraph........  Cost included in change   No cost.
                                                               to Sec.   402.210(a).
----------------------------------------------------------------------------------------------------------------

Costs: Pre-Guidance Baseline
---------------------------------------------------------------------------

    \20\ To access 31 FR 9065, please see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf.
    \21\ Sec.  401.431(b) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7.
---------------------------------------------------------------------------

    This section outlines regulatory costs in accordance with the Pre-
Guidance baseline. Therefore, costs from 2018-2022 stemming from the 
2018 guidance are included, as applicable. The Coast Guard estimates 
that the cost over the 2018-2022 period is zero in cases where the 
rulemaking is (1) instituting a brand-new requirement; (2) making a 
substantive change to an industry practice that predates 2018; or (3) 
making a substantive change to an existing regulatory requirement that 
predates 2018. This is to avoid including new costs in 2018-2022 that 
are not attributable to guidance and, therefore, out of scope for this 
portion of the Pre-Guidance baseline's timeframe. The Coast Guard 
estimates costs specifically stemming from this rulemaking in the 2023-
2032 portion of the Pre-Guidance period of analysis. The overall period 
of analysis for the Pre-Guidance timeframe is 2018-2032.
Individual Training Plans for Apprentice Pilots
    One addition to the Definitions portion of Sec.  401.110 is the 
creation of a definition for ``individual training plan.'' Moreover, 
the creation of paragraph (g) in Sec.  401.211 codifies the existing 
requirement for individual training plans to be submitted to the Coast 
Guard for each Apprentice Pilot. The Coast Guard has been receiving 
individualized plans since 2018 but did not previously specify in the 
regulatory text that plans must be individualized. Mentor Pilots 
generate these plans and summarize the training that Apprentice Pilots 
undergo to ensure that they are gaining experience in all relevant 
transit areas. This ensures that they are qualified for Full 
Registration at the end of their training. From 2018 to 2022, the Coast 
Guard received an average of 5 individual training plans annually, as 
shown in table 6. The Coast Guard estimates that it took 2 hours to 
generate and submit these plans during 2018-2022. The loaded wage of 
Pilot submitters is $73.17, from a base wage of $50.09 and a load 
factor of 1.46.\22\
---------------------------------------------------------------------------

    \22\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    Going forward, the Coast Guard expects to receive six plans 
annually, one for each of the Apprentice Pilots authorized in the 2023 
annual ratemaking (88 FR 12226, Feb. 27, 2023).\23\ Given that the 
Coast Guard is simply codifying this requirement, these individualized 
plans will still each take 2 hours to generate and submit from 2023-
2032. With six submissions annually, the Coast Guard estimates the 
annual cost of requiring individual training plans for Apprentice 
Pilots over 2023-2032 to be $877.99 (6 submissions x 2 hours x $73.17). 
For the Pre-Guidance period of analysis (2018-2032), we estimate the 
grand total cost to be $10,015.59, discounted to 7 percent, and $784.04 
annualized, as summarized in table 6.
---------------------------------------------------------------------------

    \23\ https://www.federalregister.gov/documents/2023/02/27/2023-03212/great-lakes-pilotage-rates-2023-annual-ratemaking-and-review-of-methodology.

[[Page 76333]]



                                       Table 6--Cost of Submitting Individual Training Plans for Apprentice Pilots
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                                Plans      Guidance hours     submitter      baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................               4               2          $73.17           $585.33         $767.24         $658.79
2019..................................................               5               2           73.17            731.66          896.31          799.50
2020..................................................               5               2           73.17            731.66          837.68          776.22
2021..................................................               3               2           73.17            439.00          469.73          452.17
2022..................................................               6               2           73.17            877.99          877.99          877.99
2023..................................................               6               2           73.17            877.99          820.55          852.42
2024..................................................               6               2           73.17            877.99          766.87          827.59
2025..................................................               6               2           73.17            877.99          716.70          803.49
2026..................................................               6               2           73.17            877.99          669.82          780.08
2027..................................................               6               2           73.17            877.99          626.00          757.36
2028..................................................               6               2           73.17            877.99          585.04          735.30
2029..................................................               6               2           73.17            877.99          546.77          713.89
2030..................................................               6               2           73.17            877.99          511.00          693.09
2031..................................................               6               2           73.17            877.99          477.57          672.91
2032..................................................               6               2           73.17            877.99          446.33          653.31
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............         12,145.54       10,015.59       11,054.11
    Annualized........................................  ..............  ..............  ..............  ................          784.04          798.75
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    The Coast Guard estimates that it takes 30 minutes (0.5 hours) for 
the Director's office to review these plans. This estimate remains 
consistent across 2018-2022 and 2023-2032. With 6 submissions annually, 
using a loaded wage of $113.95 for a GS-14 in-government worker,\24\ 
the Coast Guard estimates the annual cost to Government of reviewing 
individual training plans for Apprentice Pilots over 2023-2032 to be 
$341.84 (6 submissions x 0.5 hours x $113.95). For the Pre-Guidance 
period of analysis (2018-2032), we estimate the grand total cost to be 
$3,899.46, discounted to 7-percent, and $305.26 annualized, as 
summarized in table 7.
---------------------------------------------------------------------------

    \24\ The loaded wage of $113.95 (rounded) comes from the base 
hourly wage of $68.55 for a GS-14 Step 5 from the DC region, 
multiplied by a load factor of 1.66, per https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total 
hourly compensation for workers with master's degrees as shown in 
table 3, $74.80, by the average hourly wage for workers with 
master's degrees as shown in table 1, or $45.00. $74.80 / $45.00 = 
1.6622. See ``Comparing the Compensation of Federal and Private 
Sector Employees, 2011-2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf.

                                Table 7--Cost to Government of Reviewing Individual Training Plans for Apprentice Pilots
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                                Plans      Guidance hours     reviewer       baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................               4             0.5         $113.95           $227.89         $298.72         $256.49
2019..................................................               5             0.5          113.95            284.86          348.97          311.28
2020..................................................               5             0.5          113.95            284.86          326.14          302.21
2021..................................................               3             0.5          113.95            170.92          182.88          176.05
2022..................................................               6             0.5          113.95            341.84          341.84          341.84
2023..................................................               6             0.5          113.95            341.84          319.47          331.88
2024..................................................               6             0.5          113.95            341.84          298.57          322.21
2025..................................................               6             0.5          113.95            341.84          279.04          312.83
2026..................................................               6             0.5          113.95            341.84          260.79          303.72
2027..................................................               6             0.5          113.95            341.84          243.72          294.87
2028..................................................               6             0.5          113.95            341.84          227.78          286.28
2029..................................................               6             0.5          113.95            341.84          212.88          277.94
2030..................................................               6             0.5          113.95            341.84          198.95          269.85
2031..................................................               6             0.5          113.95            341.84          185.94          261.99
2032..................................................               6             0.5          113.95            341.84          173.77          254.36
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............          4,728.73        3,899.46        4,303.79
    Annualized........................................  ..............  ..............  ..............  ................          305.26          407.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.


[[Page 76334]]

Semi-Annual Performance Evaluation Reports for Apprentice Pilots
    The creation of paragraph (h) in Sec.  401.211 requires 
associations to submit Semi-annual Performance Evaluation Reports to 
the Director for Apprentice Pilots. The Coast Guard assumes that mentor 
Pilots generate these evaluation reports, which summarize the 
Apprentice Pilot's training progress twice a year. These reports allow 
the Director and the associations to make informed decisions on 
Apprentice Pilot progress to better tailor what training is needed for 
an Apprentice Pilot to successfully complete training to become a 
United States Registered Pilot. Based on information from a U.S. Coast 
Guard subject matter expert (SME), this industry practice began in 
2018. The Coast Guard estimates that it takes 6 hours to generate and 
submit these reports. The loaded wage of Pilot submitters is $73.17, 
from a base wage of $50.09 and a load factor of 1.46.\25\
---------------------------------------------------------------------------

    \25\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    From 2018 to 2022, the Coast Guard received an average of 18 
reports annually, which is greater than the 12 reports the Coast Guard 
expected for 6 Apprentice Pilots, assuming 2 reports submitted 
annually. Where the Coast Guard initially received more reports than 
the number of active Apprentice Pilots, some reports were backdated for 
mariners who had already completed Apprentice training and had become 
Pilots. To be conservative, the Coast Guard uses the higher average of 
18 to estimate ongoing costs. The Coast Guard estimates the annual cost 
of requiring individual training plans for Apprentice Pilots over 2023-
2032 to be $7,901.92 (18 submissions x 6 hours x $73.17).\26\ For the 
Pre-Guidance period of analysis (2018-2032), we estimate the grand 
total cost to be $99,875.41, discounted to 7 percent, and $7,818.45 
annualized, as summarized in table 8.
---------------------------------------------------------------------------

    \26\ The 6 hours to submit includes some time assumed for back-
and-forth review between the Apprentice Pilot and the approving 
manager.

                                       Table 8--Cost of Submitting Semi-Annual Performance Reports for Apprentices
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                               Reports     Guidance hours     submitter      baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................              20               6          $73.17         $8,779.91      $11,508.67       $9,881.87
2019..................................................              18               6           73.17          7,901.92        9,680.19        8,634.64
2020..................................................              22               6           73.17          9,657.90       11,057.33       10,246.07
2021..................................................               9               6           73.17          3,950.96        4,227.53        4,069.49
2022..................................................              18               6           73.17          7,901.92        7,901.92        7,901.92
2023..................................................              18               6           73.17          7,901.92        7,384.97        7,671.77
2024..................................................              18               6           73.17          7,901.92        6,901.84        7,448.32
2025..................................................              18               6           73.17          7,901.92        6,450.32        7,231.38
2026..................................................              18               6           73.17          7,901.92        6,028.34        7,020.75
2027..................................................              18               6           73.17          7,901.92        5,633.96        6,816.26
2028..................................................              18               6           73.17          7,901.92        5,265.38        6,617.73
2029..................................................              18               6           73.17          7,901.92        4,920.92        6,424.98
2030..................................................              18               6           73.17          7,901.92        4,598.99        6,237.85
2031..................................................              18               6           73.17          7,901.92        4,298.12        6,056.16
2032..................................................              18               6           73.17          7,901.92        4,016.93        5,879.77
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............        117,211.79       99,875.41      108,138.95
    Annualized........................................  ..............  ..............  ..............  ................        7,818.45        7,813.88
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    The Coast Guard estimates that it takes 20 minutes (0.33 hours) for 
the Director's office to review these reports, using a loaded wage of 
$113.95 for a GS-14 in-government worker.\27\ Using the same metric of 
18 submissions annually, the Coast Guard estimates the annual cost to 
Government of reviewing individual training plans for Apprentice Pilots 
over 2023-2032 to be $683.67. For the Pre-Guidance period of analysis 
(2018-2032), we estimate the grand total cost to be $8,641.19, 
discounted to 7 percent, and $1,053.61 annualized, as summarized in 
table 9.
---------------------------------------------------------------------------

    \27\ The loaded wage of $113.95 (rounded) comes from the base 
hourly wage of $68.55 for a GS-14 Step 5 from the DC region 
multiplied by a load factor of 1.66, per https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total 
hourly compensation for workers with master's degrees as shown in 
table 3, $74.80, by the average hourly wage for workers with 
master's degrees as shown in table 1, or $45.00. $74.80 / $45.00 = 
1.6622. See ``Comparing the Compensation of Federal and Private 
Sector Employees, 2011-2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf.

[[Page 76335]]



                                Table 9--Cost to Government of Reviewing Semi-Annual Performance Reports for Apprentices
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                               Reports     Guidance hours     reviewer       baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................              20            0.33         $113.95           $759.64         $995.73         $854.98
2019..................................................              18            0.33          113.95            683.67          837.53          747.07
2020..................................................              22            0.33          113.95            835.60          956.68          886.49
2021..................................................               9            0.33          113.95            341.84          365.76          352.09
2022..................................................              18            0.33          113.95            683.67          683.67          683.67
2023..................................................              18            0.33          113.95            683.67          638.95          663.76
2024..................................................              18            0.33          113.95            683.67          597.15          644.43
2025..................................................              18            0.33          113.95            683.67          558.08          625.66
2026..................................................              18            0.33          113.95            683.67          521.57          607.43
2027..................................................              18            0.33          113.95            683.67          487.45          589.74
2028..................................................              18            0.33          113.95            683.67          455.56          572.56
2029..................................................              18            0.33          113.95            683.67          425.76          555.89
2030..................................................              18            0.33          113.95            683.67          397.90          539.70
2031..................................................              18            0.33          113.95            683.67          371.87          523.98
2032..................................................              18            0.33          113.95            683.67          347.54          508.72
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............         10,141.13        8,641.19        9,356.15
    Annualized........................................  ..............  ..............  ..............  ................        1,053.61          676.06
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Removing Monthly Availability Reports
    This rule removes the requirement in Sec.  401.260 that Pilots and 
Apprentice Pilots submit monthly availability reports. Often, these 
availability reports do not communicate meaningful information, because 
in practice, Pilots are listed as always available if they could be 
called in. Therefore, the Coast Guard no longer sees a benefit in 
requiring these reports. Based on information from a Coast Guard SME, 
these monthly reports have been submitted by industry since the mid-
1960's.\28\ To capture the recent burden these reports have had on 
industry, the Coast Guard has chosen to use data from 2018-2022. From 
2018 to 2022, the Coast Guard received an average of 672 monthly 
availability reports. Each report takes an estimated 2.5 hours to 
submit. Given that this practice did not begin in 2018 and is not a 
cost attributable to guidance, the Coast Guard has zeroed out the hours 
from 2018 to 2022. If the Coast Guard continued to require these 
reports, we could expect to receive 650 annually, 1 report for each of 
the 6 Apprentice Pilots, 56 Pilots, and 3 Temporary Registered Pilots 
for the 10 months between when the locks are opened and closed (650 
reports = (6 + 56 + 3) x 10 months). The loaded wage of Pilot 
submitters is $73.17, from a base wage of $50.09 and a load factor of 
1.46.\29\
---------------------------------------------------------------------------

    \28\ Sec.  401.260(c) that deals with monthly availability 
reports was initially added to the CFR via 31 FR 9065 (July 1, 
1966). To read the referenced final rule, see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf#page=3. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-B/section-401.260.
    \29\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    Continuing to require these reports would result in an hour burden 
of 2.5 hours per submission. Entirely removing this regulatory 
requirement acts as a marginal decrease in burden of 2.5 hours per 
submission. Since this marginal change in hour burden is based on a 
change to existing regulatory text, rather than codifying or modifying 
industry practice stemming from 2018 guidance, our annual Pre-Guidance 
reduction in hourly burden in 2023-2032 is equal to that of our annual 
No Baseline hourly burden (2.5 hours). For the Pre-Guidance period of 
analysis (2018-2032), we estimate the total net cost savings to be 
$(835,065.99) discounted to 7 percent and $(65,370.68) annualized, as 
summarized in table 10.

                                                Table 10--Cost of Submitting Monthly Availability Reports
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                               Reports     Guidance hours     submitter      baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................             670             * 0          $73.17             $0.00           $0.00           $0.00
2019..................................................             620             * 0           73.17              0.00            0.00            0.00
2020..................................................             720             * 0           73.17              0.00            0.00            0.00
2021..................................................             630             * 0           73.17              0.00            0.00            0.00
2022..................................................             720             * 0           73.17              0.00            0.00            0.00
2023..................................................             650             2.5           73.17      (118,894.61)    (111,116.46)    (115,431.66)

[[Page 76336]]

 
2024..................................................             650             2.5           73.17      (118,894.61)    (103,847.16)    (112,069.57)
2025..................................................             650             2.5           73.17      (118,894.61)     (97,053.42)    (108,805.41)
2026..................................................             650             2.5           73.17      (118,894.61)     (90,704.13)    (105,636.32)
2027..................................................             650             2.5           73.17      (118,894.61)     (84,770.21)    (102,559.54)
2028..................................................             650             2.5           73.17      (118,894.61)     (79,224.50)     (99,572.36)
2029..................................................             650             2.5           73.17      (118,894.61)     (74,041.59)     (96,672.20)
2030..................................................             650             2.5           73.17      (118,894.61)     (69,197.75)     (93,856.50)
2031..................................................             650             2.5           73.17      (118,894.61)     (64,670.79)     (91,122.82)
2032..................................................             650             2.5           73.17      (118,894.61)     (60,439.99)     (88,468.76)
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............    (1,188,946.11)    (835,065.99)  (1,014,195.15)
    Annualized........................................  ..............  ..............  ..............  ................     (65,370.68)     (73,283.50)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding. Cited hours with ``*'' indicate that this practice did not begin with the onset of
  guidance in 2018. To avoid inappropriately categorizing this as a new cost attributable to 2018 guidance, the Coast Guard has opted to zero out hours
  in applicable cases.

Disputes
    Under Sec.  401.431(b), the Coast Guard changes ``in writing'' to 
``official correspondence'' and specifies that the letter expressing 
the dispute must include the vessel name, date of service, and 
reference number for the invoice/bill, the exact amount of dispute, 
regulatory citation for dispute, and the requested resolution. Per a 
Coast Guard SME, disputes have been submitted since the mid-1960's in 
accordance with Sec.  401.431.\30\ However, the Coast Guard previously 
received these disputes in varying formats. From 2018 to 2022, the 
Coast Guard received 6 unique disputes (some including multiple 
charges). Note that no unique disputes were submitted from 2019 to 
2022. According to a Coast Guard SME, the agency expects one trip 
charge dispute submission per year starting in 2023. The loaded wage of 
Pilot submitters is $73.17, from a base wage of $50.09 and a load 
factor of 1.46.\31\
---------------------------------------------------------------------------

    \30\ Sec.  401.431 was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
    \31\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
---------------------------------------------------------------------------

    During 2018-2022, each dispute required 30 minutes to submit. 
However, given that this practice began prior to 2018 and is, 
therefore, not a cost attributable to guidance, the Coast Guard has 
zeroed out the hours from 2018 to 2022. With the changes, the Coast 
Guard estimates that future submissions will take 1 hour each, an 
additional 30 minutes per report. Since this marginal change in hour 
burden is based in a change to existing regulatory text rather than 
codifying or modifying industry practice stemming from 2018 guidance, 
our annual Pre-Guidance hourly burden in 2023-2032 is equal to that of 
our annual No Baseline hourly burden (0.5 hours). For the Pre-Guidance 
period of analysis (2018-2032), we estimate the grand total cost to be 
$256.94, discounted to 7-percent, and $20.11 annualized, as summarized 
in table 11.

                                                    Table 11--Cost of Submitting Trip Charge Disputes
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                             Submissions   Guidance hours     submitter      baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................               6             * 0          $73.17              0.00            0.00            0.00
2019..................................................               0             * 0           73.17              0.00            0.00            0.00
2020..................................................               0             * 0           73.17              0.00            0.00            0.00
2021..................................................               0             * 0           73.17              0.00            0.00            0.00
2022..................................................               0             * 0           73.17              0.00            0.00            0.00
2023..................................................               1             0.5           73.17             36.58           34.19           35.52
2024..................................................               1             0.5           73.17             36.58           31.95           34.48
2025..................................................               1             0.5           73.17             36.58           29.86           33.48
2026..................................................               1             0.5           73.17             36.58           27.91           32.50
2027..................................................               1             0.5           73.17             36.58           26.08           31.56
2028..................................................               1             0.5           73.17             36.58           24.38           30.64
2029..................................................               1             0.5           73.17             36.58           22.78           29.75
2030..................................................               1             0.5           73.17             36.58           21.29           28.88

[[Page 76337]]

 
2031..................................................               1             0.5           73.17             36.58           19.90           28.04
2032..................................................               1             0.5           73.17             36.58           18.60           27.22
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............            365.83          256.94          312.06
    Annualized........................................  ..............  ..............  ..............  ................           20.11           22.55
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Numbers may not sum due to rounding. Cited hours with ``*'' emphasize that this practice did not begin with the onset of guidance in 2018. To
  avoid inappropriately categorizing this as a new cost attributable to 2018 guidance, the Coast Guard has opted to zero out hours in applicable cases.

Submission of Medical Certificates
    Medical certificates are already required as part of an application 
for an MMC under 46 CFR part 10, subpart C, which is an existing 
requirement to apply to be an Apprentice Pilot as noted in Sec. Sec.  
401.110 and 401.210. The change in text clarifies that the requirement 
applies to Apprentice Pilots, which was not specified before. This 
change directly impacts mariners who submit Apprentice Pilot 
applications to the Director. On average, the Coast Guard receives 15 
such applications annually. According to a Coast Guard SME, this 
practice began in 2018 through informal program guidance. This guidance 
was issued following a recommendation from the Great Lakes Pilotage 
Advisory Committee in 2018.
    The medical certificate portion of the application takes 
approximately 18 minutes to draft and submit, as detailed in the 
Information Collection Request, OMB Control Number 1625-0040, 
``Applications for Merchant Mariner Credentials and Medical 
Certificate.'' Given this information collection both accounts for all 
medical certificates that have been received and periodically updated, 
this increase in medical certificates is already accounted for in 1625-
0040. Therefore, this is a regulatory cost but not an information 
collection cost. The loaded wage of submitters is $73.17, from a base 
wage of $50.09 and a load factor of 1.46.\32\ For the Pre-Guidance 
period of analysis (2018-2032), we estimate the grand total cost to be 
$4,162.92, discounted to 7 percent, and $325.88 annualized, as 
summarized in table 12.
---------------------------------------------------------------------------

    \32\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.

                                     Table 12--Total Cost of Medical Certificates for Apprentice Pilot Applications
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Total Pre-        Wage of       Pre-Guidance
                         Year                             Submissions   Guidance hours     submitter      baseline cost         7%              3%
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018..................................................              17             0.3          $73.17           $373.15         $489.12         $419.98
2019..................................................              15             0.3           73.17            329.25          403.34          359.78
2020..................................................              11             0.3           73.17            241.45          276.43          256.15
2021..................................................              15             0.3           73.17            329.25          352.29          339.12
2022..................................................              15             0.3           73.17            329.25          329.25          329.25
2023..................................................              15             0.3           73.17            329.25          307.71          319.66
2024..................................................              15             0.3           73.17            329.25          287.58          310.35
2025..................................................              15             0.3           73.17            329.25          268.76          301.31
2026..................................................              15             0.3           73.17            329.25          251.18          292.53
2027..................................................              15             0.3           73.17            329.25          234.75          284.01
2028..................................................              15             0.3           73.17            329.25          219.39          275.74
2029..................................................              15             0.3           73.17            329.25          205.04          267.71
2030..................................................              15             0.3           73.17            329.25          191.62          259.91
2031..................................................              15             0.3           73.17            329.25          179.09          252.34
2032..................................................              15             0.3           73.17            329.25          167.37          244.99
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............          4,894.80        4,162.92        4,512.82
    Annualized........................................  ..............  ..............  ..............  ................          325.88          326.09
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Costs: No Action Baseline
    This section outlines regulatory costs relative to the No Action 
baseline scenario. The No Action analysis period is 2023-2032. Our No 
Action baseline differs from the Pre-Guidance baseline in its exclusion 
of any costs that are not directly stemming from this rulemaking. In 
other words, the No Action baseline

[[Page 76338]]

represents the current state of the world that exists solely under pre-
existing regulatory text and prior guidance. This results in many items 
having non-zero costs in our Pre-Guidance baseline that are no-cost 
items in the No Action baseline. For example, the Coast Guard began 
receiving individualized training plans as a byproduct of informal 
guidance in 2018. While this rulemaking codifies this practice through 
an addition to 46 CFR 401.110, there is no additional regulatory burden 
that results from said codification. In other words, all applicable 
costs across 2018-2032 for individualized training plans can be 
attributed specifically to the 2018 guidance. Therefore, this is a no-
cost provision in our No Action baseline.
    The following items had non-zero costs in our Pre-Guidance baseline 
but are no-cost provisions in the No Action Baseline: (1) Individual 
training plans for Apprentice Pilots (Sec. Sec.  401.110 and 
401.211(g)); (2) Semi-annual Performance Evaluation Report for 
Apprentice Pilots (Sec.  401.211(h)); and (3) Submission of Medical 
Certificates (Sec.  402.210(a)). These three line items all began as a 
byproduct of informal guidance from 2018 and have no alteration in 
burden stemming from this rulemaking that differs from that guidance. 
See table 5 (the ``No Action Baseline (2023-2032)'' column) for more 
context on each of these items.
    The following items have non-zero costs in our No Action Baseline: 
(1) Removing monthly availability reports (Sec.  401.260) and (2) 
Submitting Trip Charge Disputes (Sec.  401.431(b)). Both items have 
associated costs or cost savings that stem directly from changes made 
from this rulemaking and are discussed in detail as follows.
Removing Monthly Availability Reports
    This final rule removes the requirement in Sec.  401.260 that 
Pilots and Apprentice Pilots submit monthly availability reports. Often 
these availability reports do not communicate meaningful information 
because, in practice, Pilots are listed as always available if they 
could be called in. Therefore, the Coast Guard no longer sees a benefit 
in requiring these reports. Based on information from a Coast Guard 
SME, these monthly reports have been submitted by industry since the 
mid-1960's.\33\ If the Coast Guard continued to require these reports, 
we could expect to receive 650 annually, one report for each of the 6 
Apprentice Pilots, 56 Pilots, and 3 Temporary Registered Pilots for the 
10 months between when the locks are opened and closed (650 reports = 
(6 + 56 + 3) x 10 months).
---------------------------------------------------------------------------

    \33\ Sec.  401.260(c) that deals with monthly availability 
reports was initially added to the CFR via 31 FR 9065 (July 1, 
1966). To read the referenced final rule, see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf#page=3. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-B/section-401.260.
---------------------------------------------------------------------------

    Continuing to require these reports would result in an hour burden 
of 2.5 hours per submission. By entirely removing this regulatory 
requirement through this rulemaking, this acts as a marginal decrease 
in burden of 2.5 hours per submission. The loaded wage of submitters is 
$73.17, from a base wage of $50.09 and a load factor of 1.46.\34\ For 
the No Action period of analysis (2023-2032), we estimate the total net 
cost savings to be $(835,065.99) discounted to 7 percent and 
$(118,894.61) annualized, as summarized in table 13.
---------------------------------------------------------------------------

    \34\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.

                                                Table 13--Cost of Submitting Monthly Availability Reports
                                                           [No Action Baseline; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Total No
                         Year                               Reports         Action          Wage of         No Action           7%              3%
                                                                        baseline hours     submitter      baseline cost
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..................................................             650             2.5          $73.17     ($118,894.61)   ($111,116.46)   ($115,431.66)
2024..................................................             650             2.5           73.17      (118,894.61)    (103,847.16)    (112,069.57)
2025..................................................             650             2.5           73.17      (118,894.61)     (97,053.42)    (108,805.41)
2026..................................................             650             2.5           73.17      (118,894.61)     (90,704.13)    (105,636.32)
2027..................................................             650             2.5           73.17      (118,894.61)     (84,770.21)    (102,559.54)
2028..................................................             650             2.5           73.17      (118,894.61)     (79,224.50)     (99,572.36)
2029..................................................             650             2.5           73.17      (118,894.61)     (74,041.59)     (96,672.20)
2030..................................................             650             2.5           73.17      (118,894.61)     (69,197.75)     (93,856.50)
2031..................................................             650             2.5           73.17      (118,894.61)     (64,670.79)     (91,122.82)
2032..................................................             650             2.5           73.17      (118,894.61)     (60,439.99)     (88,468.76)
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............    (1,188,946.11)    (835,065.99)  (1,014,195.15)
    Annualized........................................  ..............  ..............  ..............  ................    (118,894.61)    (118,894.61)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Submitting Trip Charge Disputes
    Under Sec.  401.431(b), with this final rule, the Coast Guard 
changes ``in writing'' to ``official correspondence'' and specifies 
that the letter expressing the dispute must include the vessel name, 
date of service, and reference number for the invoice/bill, the exact 
amount of dispute, regulatory citation for dispute, and the requested 
resolution. Per a Coast Guard SME, disputes have been submitted since 
the mid-1960's, in accordance with Sec.  401.431.\35\ However, the 
Coast Guard previously received these disputes in varying forms. 
According to a Coast Guard SME, the agency expects one trip

[[Page 76339]]

charge dispute submission per year starting in 2023.
---------------------------------------------------------------------------

    \35\ Sec.  401.431(b) was initially added to the CFR via 29 FR 
10467 (July 28, 1964). To read the referenced final rule, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7. For more information on the history of how the 
requirement was redesignated and amended through the years, see 
https://www.ecfr.gov/current/title-46/chapter-III/part-401/subpart-D/section-401.431.
---------------------------------------------------------------------------

    With the changes, the Coast Guard estimates that forthcoming 
submissions will take 1 hour each. This is an increase in 30 minutes 
when compared to the Coast Guard's estimate for submission time 
associated with prior disputes that lack these new changes (30 
minutes). The loaded wage of submitters is $73.17, from a base wage of 
$50.09 and a load factor of 1.46.\36\ For the No Action period of 
analysis (2023-2032), we estimate the grand total cost to be $256.94, 
discounted to 7 percent, and $36.58 annualized, as summarized in table 
14.
---------------------------------------------------------------------------

    \36\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.

                                                    Table 14--Cost of Submitting Trip Charge Disputes
                                                                [No Action; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Total No
                         Year                             Submissions       Action          Wage of         No Action           7%              3%
                                                                        baseline hours     submitter      baseline cost
                                                                   [A]             [B]             [C]   [D = A x B x C]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023..................................................               1             0.5          $73.17            $36.58          $34.19          $35.52
2024..................................................               1             0.5           73.17             36.58           31.95           34.48
2025..................................................               1             0.5           73.17             36.58           29.86           33.48
2026..................................................               1             0.5           73.17             36.58           27.91           32.50
2027..................................................               1             0.5           73.17             36.58           26.08           31.56
2028..................................................               1             0.5           73.17             36.58           24.38           30.64
2029..................................................               1             0.5           73.17             36.58           22.78           29.75
2030..................................................               1             0.5           73.17             36.58           21.29           28.88
2031..................................................               1             0.5           73.17             36.58           19.90           28.04
2032..................................................               1             0.5           73.17             36.58           18.60           27.22
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................  ..............  ..............  ..............            365.83          256.94          312.06
    Annualized........................................  ..............  ..............  ..............  ................           36.58           36.58
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Summary of Total Net Costs
    To foster transparency, the Coast Guard is summarizing total net 
costs by each baseline: Pre-Guidance and No Action. Table 15 accounts 
for net private costs to industry and the associations for our Pre-
Guidance baseline. For the Pre-Guidance period of analysis (2018-2032), 
we estimate the net private cost to industry to be ($720,755.13) 
discounted to 7 percent, and ($56,422.19) annualized, as summarized in 
table 15.

                                                         Table 15--Net Private Costs to Industry
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Semi-annual
                                    Individual  performance     Removing
                                     training    evaluation      monthly                   Submission       Total net
               Year                 plans for   reports for   availability     Disputes    of medical     private costs         7%              3%
                                    apprentice   apprentice      reports                  certificates
                                      pilots       pilots
                                           [A]          [B]             [C]          [D]           [E]   [F] = SUM(A:E)]  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018.............................      $585.33    $8,779.91           $0.00        $0.00       $373.15         $9,738.38      $12,765.03      $10,960.64
2019.............................       731.66     7,901.92            0.00         0.00        329.25          8,962.82       10,979.85        9,793.92
2020.............................       731.66     9,657.90            0.00         0.00        241.45         10,631.01       12,171.44       11,278.44
2021.............................       439.00     3,950.96            0.00         0.00        329.25          4,719.20        5,049.55        4,860.78
2022.............................       877.99     7,901.92            0.00         0.00        329.25          9,109.16        9,109.16        9,109.16
2023.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)    (102,569.04)    (106,552.30)
2024.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (95,858.91)    (103,448.84)
2025.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (89,587.77)    (100,435.76)
2026.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (83,726.89)     (97,510.45)
2027.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (78,249.43)     (94,670.34)
2028.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (73,130.31)     (91,912.95)
2029.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (68,346.08)     (89,235.88)
2030.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (63,874.84)     (86,636.77)
2031.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (59,696.11)     (84,113.37)
2032.............................       877.99     7,901.92    (118,894.61)        36.58        329.25      (109,748.87)     (55,790.76)     (81,663.47)
                                  ----------------------------------------------------------------------------------------------------------------------
    Total........................  ...........  ...........  ..............  ...........  ............    (1,054,328.14)    (720,755.13)    (890,177.21)
    Annualized...................  ...........  ...........  ..............  ...........  ............  ................     (56,422.19)     (64,322.24)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.


[[Page 76340]]

    Table 16 accounts for net costs to Government for our Pre-Guidance 
baseline. For the Pre-Guidance period of analysis (2018-2032), we 
estimate the net cost to Government to be $12,540.65, discounted to 7 
percent, and $981.71 annualized.

                                        Table 16--Net Costs to Government
                                          [Pre-Guidance; 2022 dollars]
----------------------------------------------------------------------------------------------------------------
                                                  Semi-annual
                                  Individual      performance
                                training plans    evaluation        Total net
             Year               for apprentice    reports for    government cost        7%              3%
                                    pilots        apprentice
                                                    pilots
                                           [A]             [B]       [C = A + B]  ..............  ..............
                               ---------------------------------------------------------------------------------
2018..........................         $227.89         $759.64           $987.53       $1,294.45       $1,111.47
2019..........................          284.86          683.67            968.54        1,186.50        1,058.34
2020..........................          284.86          835.60          1,120.46        1,282.82        1,188.70
2021..........................          170.92          341.84            512.75          548.65          528.14
2022..........................          341.84          683.67          1,025.51        1,025.51        1,025.51
2023..........................          341.84          683.67          1,025.51          958.42          995.64
2024..........................          341.84          683.67          1,025.51          895.72          966.64
2025..........................          341.84          683.67          1,025.51          837.12          938.49
2026..........................          341.84          683.67          1,025.51          782.36          911.15
2027..........................          341.84          683.67          1,025.51          731.17          884.61
2028..........................          341.84          683.67          1,025.51          683.34          858.85
2029..........................          341.84          683.67          1,025.51          638.63          833.83
2030..........................          341.84          683.67          1,025.51          596.85          809.55
2031..........................          341.84          683.67          1,025.51          557.81          785.97
2032..........................          341.84          683.67          1,025.51          521.32          763.07
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............         14,869.87       12,540.65       13,659.95
    Annualized................  ..............  ..............  ................          981.71          987.04
----------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    By aggregating values from table 15 and table 16, the Coast Guard 
estimates the total net costs associated with our Pre-Guidance 
baseline. For the Pre-Guidance period of analysis (2018-2032), we 
estimate the total net costs to be ($708,214.47), discounted to 7 
percent, and ($55,440.48) annualized, as summarized in table 17.

                                                                Table 17--Total Net Costs
                                                              [Pre-Guidance; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Total net
                              Year                                    Total net       government    Total net annual         7%                3%
                                                                    private costs        costs            costs
                                                                               [A]             [B]       [C = A + B]  ................  ................
                                                                 ---------------------------------------------------------------------------------------
2018............................................................         $9,738.38         $987.53        $10,725.91        $14,059.48        $12,072.11
2019............................................................          8,962.82          968.54          9,931.36         12,166.34         10,852.27
2020............................................................         10,631.01        1,120.46         11,751.47         13,454.26         12,467.13
2021............................................................          4,719.20          512.75          5,231.96          5,598.19          5,388.91
2022............................................................          9,109.16        1,025.51         10,134.66         10,134.66         10,134.66
2023............................................................      (109,748.87)        1,025.51      (108,723.36)      (101,610.62)      (105,556.66)
2024............................................................      (109,748.87)        1,025.51      (108,723.36)       (94,963.20)      (102,482.20)
2025............................................................      (109,748.87)        1,025.51      (108,723.36)       (88,750.65)       (99,497.28)
2026............................................................      (109,748.87)        1,025.51      (108,723.36)       (82,944.53)       (96,599.30)
2027............................................................      (109,748.87)        1,025.51      (108,723.36)       (77,518.26)       (93,785.73)
2028............................................................      (109,748.87)        1,025.51      (108,723.36)       (72,446.97)       (91,054.11)
2029............................................................      (109,748.87)        1,025.51      (108,723.36)       (67,707.45)       (88,402.04)
2030............................................................      (109,748.87)        1,025.51      (108,723.36)       (63,277.99)       (85,827.23)
2031............................................................      (109,748.87)        1,025.51      (108,723.36)       (59,138.31)       (83,327.40)
2032............................................................      (109,748.87)        1,025.51      (108,723.36)       (55,269.44)       (80,900.39)
                                                                 ---------------------------------------------------------------------------------------
    Total.......................................................  ................  ..............    (1,039,458.28)      (708,214.47)      (876,517.26)
    Annualized..................................................  ................  ..............  ................       (55,440.48)       (83,014.78)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    Now, we repeat this process, but for costs relative to our No 
Action baseline. Table 18 accounts for net private costs to industry 
and the pilot associations relative to our No Action baseline. For the 
No Action period of analysis (2023-2032), we estimate the net private 
cost to industry to be ($834,809.05), discounted to 7 percent, and

[[Page 76341]]

($118,858.03) annualized, as summarized in table 18.

                                                         Table 18--Net Private Costs to Industry
                                                                [No Action; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Removing monthly
                              Year                                  availability       Disputes     Net private cost         7%                3%
                                                                       reports
                                                                               [A]             [B]       [C = A + B]  ................  ................
                                                                 ---------------------------------------------------------------------------------------
2023............................................................     ($118,894.61)          $36.58     ($118,858.03)     ($111,082.27)     ($115,396.14)
2024............................................................      (118,894.61)           36.58      (118,858.03)      (103,815.20)      (112,035.09)
2025............................................................      (118,894.61)           36.58      (118,858.03)       (97,023.56)      (108,771.93)
2026............................................................      (118,894.61)           36.58      (118,858.03)       (90,676.22)      (105,603.82)
2027............................................................      (118,894.61)           36.58      (118,858.03)       (84,744.13)      (102,527.98)
2028............................................................      (118,894.61)           36.58      (118,858.03)       (79,200.12)       (99,541.73)
2029............................................................      (118,894.61)           36.58      (118,858.03)       (74,018.81)       (96,642.45)
2030............................................................      (118,894.61)           36.58      (118,858.03)       (69,176.45)       (93,827.62)
2031............................................................      (118,894.61)           36.58      (118,858.03)       (64,650.89)       (91,094.78)
2032............................................................      (118,894.61)           36.58      (118,858.03)       (60,421.39)       (88,441.54)
                                                                 ---------------------------------------------------------------------------------------
    Total.......................................................  ................  ..............    (1,188,580.28)      (834,809.05)    (1,013,883.09)
    Annualized..................................................  ................  ..............  ................      (118,858.03)      (118,858.03)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

    Note that there are no costs to Government relative to the No 
Action baseline, as costs associated with Government review of both 
individual training plans and Semi-annual Performance Evaluation 
Reports stem from 2018 informal guidance. Therefore, for the No Action 
period of analysis (2023-2032), we estimate the total net cost to be 
($834,809.05), discounted to 7 percent, and ($118,858.03) annualized, 
as summarized in table 19.

                                                                Table 19--Total Net Costs
                                                                [No Action; 2022 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Net private    Net government  Total net annual
                              Year                                      costs            costs            costs              7%                3%
                                                                               [A]             [B]         [C = A+B]  ................  ................
                                                                 ---------------------------------------------------------------------------------------
2023............................................................     ($118,858.03)           $0.00     ($118,858.03)     ($111,082.27)     ($115,396.14)
2024............................................................      (118,858.03)            0.00      (118,858.03)      (103,815.20)      (112,035.09)
2025............................................................      (118,858.03)            0.00      (118,858.03)       (97,023.56)      (108,771.93)
2026............................................................      (118,858.03)            0.00      (118,858.03)       (90,676.22)      (105,603.82)
2027............................................................      (118,858.03)            0.00      (118,858.03)       (84,744.13)      (102,527.98)
2028............................................................      (118,858.03)            0.00      (118,858.03)       (79,200.12)       (99,541.73)
2029............................................................      (118,858.03)            0.00      (118,858.03)       (74,018.81)       (96,642.45)
2030............................................................      (118,858.03)            0.00      (118,858.03)       (69,176.45)       (93,827.62)
2031............................................................      (118,858.03)            0.00      (118,858.03)       (64,650.89)       (91,094.78)
2032............................................................      (118,858.03)            0.00      (118,858.03)       (60,421.39)       (88,441.54)
                                                                 ---------------------------------------------------------------------------------------
    Total.......................................................  ................  ..............    (1,188,580.28)      (834,809.05)    (1,013,883.09)
    Annualized..................................................  ................  ..............  ................      (118,858.03)      (118,858.03)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding

    Table 20 gives a summary of the total net costs by baseline. The 
figures shown for each baseline are in 2022 dollars and are discounted 
at 7 percent.

[[Page 76342]]



               Table 20--Summary of Net Costs by Baseline
                             [2022 dollars]
------------------------------------------------------------------------
                                  Pre-guidance
                                baseline  (2018-     No action baseline
                              2032; discounted 7%)       (2023-2032;
                                                       discounted 7%)
------------------------------------------------------------------------
Net Private Costs to          Net Costs to          Net Costs to
 Industry.                     Industry:             Industry:
                               ($720,755.13).        ($834,809.05)
                              Annualized Net Costs  Annualized Net Costs
                               to Industry:          to Industry:
                               ($56,422.19).         ($118,858.03)
Net Costs to Government.....  Net Costs to          Net Costs to
                               Government:           Government: $0.00
                               $12,540.65.          Annualized Net Costs
                              Annualized Net Costs   to Government:
                               to Government:        $0.00
                               $981.71.
Total Net Costs.............  Total Net Costs:      Total Net Costs:
                               ($708,214.47).        ($834,809.05)
                              Annualized Net        Annualized Net
                               Costs: ($55,440.48).  Costs:
                                                     ($118.858.03)
------------------------------------------------------------------------
* Note: Components may not add to the totals due to rounding.

Benefits
    The Coast Guard also considered the benefits of this final rule 
relative to both the Pre-Guidance and No Action baselines. The Pre-
Guidance baseline refers to the state of the world prior to any 2018 
informal guidance. This baseline captures provisions from both the 2018 
informal guidance as well as this rulemaking. Therefore, the Pre-
Guidance period of analysis is 2018-2032. The No Action baseline refers 
to a world absent of this rulemaking. When referring to this baseline, 
we only measure the impact of new provisions stemming directly from 
this rulemaking, relative to the current state of the world. The No 
Action baseline period of analysis is 2023-2032. For both baselines, 
the benefits are solely qualitative.
Benefits: Pre-Guidance Baseline
    There are qualitative benefits associated with both the 2018 
informal guidance as well as this rulemaking. The overarching benefit 
is codifying current industry practices to foster transparency between 
Coast Guard regulations and the U.S. pilot associations. Many changes 
outlined in this rulemaking are meant to improve understanding by 
clarifying current CFR text or creating new regulatory text that 
outlines existing practices. This is especially true of the numerous 
administrative changes that result in no cost (outlined in table 4). 
Additionally, this rulemaking codifies and modifies some practices that 
predate 2018 guidance, to clarify the pilotage terms and practices used 
by the Coast Guard and U.S. pilot association operations. The Coast 
Guard outlines the qualitative benefits for items that have associated 
costs in our Pre-Guidance baseline.
Individual Training Plans
    Prior to 2018, associations used the same template plan for the 
entire district, rather than individualizing plans. Individualized 
training plans better ensure that Apprentice Pilots are gaining 
experience in all relevant transit areas, when compared to the prior 
template plans. This improves safety for the Pilots, and it supports 
Pilots during the training program by ensuring that Apprentice Pilots 
are qualified for Full Registration at the end of their training.
Semi-Annual Performance Evaluation Reports
    Requiring the associations to submit Semi-annual Performance 
Evaluation Reports allows the Coast Guard and the Director's office to 
better track the progression of the Apprentice Pilot through the 
training program. The reports show if an Apprentice Pilot is meeting 
expectations, and if an Apprentice Pilot is ultimately a good fit for 
the pilotage program. Where an Apprentice Pilot does not meet these two 
conditions, reports help the Director more quickly determine if further 
training or dismissal from training is appropriate.
Removing Monthly Availability Reports
    Often availability reports do not communicate meaningful 
information because in practice, Pilots are listed as always available 
if they need to be called in. Eliminating this requirement will benefit 
the Pilots and Apprentice Pilots through saved time, as shown in the 
discounted cost savings of ($835,065.99) over the 2018-2032 Pre-
Guidance time horizon.
Disputes
    By changing ``in writing'' to ``official correspondence'' in Sec.  
401.431(b) for disputes, the Coast Guard provides more flexibility in 
how a dispute can be formally submitted. The revisions to the 
regulatory text more explicitly outline that the letter expressing the 
dispute must include the vessel name, date of service, and reference 
number for the invoice/bill, the exact amount of dispute, regulatory 
citation for dispute, and the requested resolution. Outlining these 
requirements should result in a more standardized, higher-quality 
submission that expedites the Director's decision on the dispute 
leading to a quicker resolution for the submitter of the dispute.
Submission of Medical Certificates
    This rulemaking aligns medical and vision requirements for 
Apprentice Pilots, United States Registered Pilots, and Temporary 
Registered Pilots with the existing MMC medical certification 
standards. This change was a recommendation from the Great Lakes 
Pilotage Advisory Committee in 2018. Therefore, this practice began in 
2018. Alignment of these requirements will prevent confusion and avoid 
delays when submitting and processing an Apprentice Pilot's 
application.
    The Coast Guard recognizes that, per Executive Order 13563,\37\ 
agencies are called to quantify anticipated benefits ``as accurately as 
possible'' but may discuss benefits qualitatively when determining a 
numerical metric is not possible. Note that this rulemaking does not 
inhibit the ability for industry, associations, or the Coast Guard to 
reap benefits that stem from prior guidance.
---------------------------------------------------------------------------

    \37\ To access Executive Order 13563 (``Improving Regulation and 
Regulatory Review''), please see https://www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.
---------------------------------------------------------------------------

Benefits: No Action Baseline
    The No Action baseline highlights benefits that stem solely from 
this rulemaking. Therefore, any benefits that are solely attributed to 
prior guidance will not be highlighted here. The No Action baseline 
refers to a world absent this rulemaking. Since many provisions of this 
final rule codify industry practices that arose from previous guidance, 
the qualitative benefits of the No Action baseline are very similar to 
those of the Pre-Guidance baseline.
Removing Monthly Availability Reports
    Often, availability reports do not communicate meaningful 
information, because, in practice, Pilots are listed as always 
available if they need to be called in. Eliminating this requirement 
benefits the Pilots and Apprentice Pilots

[[Page 76343]]

through saved time, as shown in the discounted cost savings of 
($835,065.99) over the 2023-2032 No Action time horizon.
Disputes
    By changing ``in writing'' to ``official correspondence'' in Sec.  
401.431(b) for disputes, the Coast Guard provides more flexibility in 
how a dispute can be formally submitted. The revisions to the 
regulatory text more explicitly outline that the letter expressing the 
dispute must include the vessel name, date of service, and reference 
number for the invoice/bill, the exact amount of dispute, regulatory 
citation for dispute, and the requested resolution. Outlining these 
requirements should result in a more standardized, higher-quality 
submission that expedites the Director's decision on the dispute, 
leading to a quicker resolution for the submitter of the dispute.
    The Coast Guard recognizes that, per Executive Order 13563,\38\ 
agencies are called to quantify anticipated benefits ``as accurately as 
possible'' but may discuss benefits qualitatively when determining a 
numerical metric is not possible. Note that this rulemaking does not 
inhibit the ability for industry, associations, or the Coast Guard to 
reap benefits that stem from prior guidance.
---------------------------------------------------------------------------

    \38\ Ibid.
---------------------------------------------------------------------------

Alternatives Considered
    Alternative 1. The primary alternative to this rulemaking is to 
take no action and not alter any of the processes for issuing Limited 
Registration. The Coast Guard rejected this alternative, because it 
leaves outdated text in the CFR and perpetuates confusion as industry 
practices continue to evolve past what is detailed in current 
regulations.
    Alternative 2. The second alternative requires Apprentice Pilots to 
complete a test before receiving their Limited Registration. Currently, 
tests are only administered when a mariner tests to receive Full 
Registration, and tests are administered when test administrators are 
already in the area and can conduct a test for multiple Apprentice 
Pilots at once. Tests are administrated by the Great Lakes Pilotage 
Office at the nearest Coast Guard Regional Exam Center (REC) to the 
Apprentice Pilot, usually REC Toledo. The exam is administered 
individually to each Apprentice Pilot, and the answer sheet is returned 
to the Great Lakes Pilotage Office for grading.
    Adding tests for each Limited Registration requires the Coast Guard 
to generate a test for each area in which a Limited Registration is 
requested, because Limited Registrations are issued for specific 
geographic areas. The Coast Guard then needs to administer the 
generated test, requiring travel for both the test administrator and 
the test taker. The Coast Guard estimates there are an average of 17 
requests for Limited Registration annually. Each request requires 1.5 
to 4 hours of testing for both the test taker and the test 
administrator, with an average of 2 hours for each test.\39\ For both 
parties, the Coast Guard has decided to use the conservative estimate 
of 4 hours for the testing burden. In addition, both the test taker and 
test administrator must travel, which is an average of 2 hours for the 
test taker and 6 hours for the test administrator.\40\ The Coast Guard 
estimates an annual cost of $7,462.92 for test takers, using a loaded 
wage of $73.17 for test takers and assuming 4 hours for testing, 2 
hours for travel, and 17 tests annually.\41\ For test administration, 
the Coast Guard estimates an annual cost of $19,370.71, using a loaded 
wage of $113.95 for test administrators and assuming 4 hours for 
testing, 6 hours for travel, and 17 tests annually.\42\
---------------------------------------------------------------------------

    \39\ Phone communication with Marine Transportation Specialist 
of the Great Lakes Pilotage Division.
    \40\ Ibid.
    \41\ The base wage of Captains, Mates, and Pilots of water 
vessels is $50.09 as of May 2022, per https://www.bls.gov/oes/2022/may/oes535021.htm. The load factor of 1.46 is obtained by dividing 
total hourly compensation for Transportation and Material Moving 
Occupations of $33.07 by hourly wages (CMU2010000520000D) and 
salaries of $22.64 (CMU2020000520000D). Access these series by 
searching the series number at https://beta.bls.gov/dataQuery/search. Last accessed August 2023.
    \42\ The loaded wage of $113.95 (rounded) comes from the base 
hourly wage of $68.55 for a GS-14 Step 5 from the DC region 
multiplied by a load factor of 1.66, per https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf. To calculate the load factor of 1.66, we divide total 
hourly compensation for workers with master's degrees as shown in 
table 3, $74.80, by the average hourly wage for workers with 
master's degrees as shown in table 1, or $45.00. $74.80 / $45.00 = 
1.6622. See ``Comparing the Compensation of Federal and Private 
Sector Employees, 2011-2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf.
---------------------------------------------------------------------------

    The Coast Guard rejected this alternative, because it increases the 
burden upon the Pilots and the pilot associations without a 
commensurate increase in safety. The Coast Guard believes the 
documentation currently received from the Pilots and the associations 
is adequate to determine if an Apprentice Pilot should be granted a 
Limited Registration.
    Alternative 3. The Coast Guard also considered removing the 
requirement for Apprentice Pilots to submit Performance Evaluation 
Reports semi-annually (for example, once at the end of the year and 
once mid-year) to obtain a Limited Registration. Instead, the Coast 
Guard only requires Apprentice Pilots to submit a Performance 
Evaluation Report annually (that is, only once at the end of the year). 
The Coast Guard rejected this option, because we do not believe that 
annual reporting alone allows us to accurately evaluate the performance 
of an Apprentice Pilot, which could potentially contribute to a 
decrease in safety. The Coast Guard receives annual evaluations once a 
year, by January 15th. If an Apprentice Pilot requested a Limited 
Registration that required evidence of trips completed that were not 
included in the most recent performance evaluation, then the Coast 
Guard could not issue the Limited Registration. Using Semi-annual 
Performance Evaluation Reports allows greater flexibility in issuing 
Limited Registrations, as the Semi-annual Performance Evaluation 
Reports are more likely to have relevant and timely information to 
evaluate qualifications for Limited Registration. The semi-annual 
evaluations also allow for greater tailoring of training, resulting in 
safer operations, because performance in a particular area or on a 
particular route can be evaluated, while there is time to increase 
focus on that area for the remaining trips to be completed for the 
season.
Alternative 4. Preferred Alternative
    The preferred alternative is the one put forth in this rulemaking. 
The Coast Guard selected this alternative because it is less costly 
than the other alternatives, gives the Coast Guard more relevant and 
timely information to evaluate qualifications for Limited Registration, 
and updates the CFR to remove outdated references.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The affected population for this final rule includes 51 U.S. Great 
Lakes Pilots, 9 Apprentice Pilots, and 3 Temporary Registered Pilots, 
all represented by 3 pilot associations.
    The three associations are the St. Lawrence Seaway Pilots 
Association

[[Page 76344]]

representing District One, the Lakes Pilot Association representing 
District Two, and the Western Great Lakes Pilots Association 
representing District Three. All these associations classify under the 
North American Industry Classification System (NAICS) Code 81391002 for 
Business Associations.\43\ The size standard for Business Associations 
of $15 million was current during the development of the 2023 annual 
ratemaking and utilized in the final rule (88 FR 12226).\44\ Based on 
revenue figures reported as part of the 2023 annual ratemaking, the 
three associations have revenue under $15 million and could be 
considered small entities. To further analyze the impacts these 
associations may face, the Coast Guard is parsing this out, based on 
the two baselines in the regulatory analysis. The figures referenced 
are discounted using a 7-percent discount rate.
---------------------------------------------------------------------------

    \43\ NAICS codes were found using ReferenceUSA for the Lakes 
Pilot Association and the Lake Carrier's Association. Coast Guard 
assumes that the code for the joint association is representative of 
all associations.
    \44\ https://www.federalregister.gov/documents/2023/02/27/2023-03212/great-lakes-pilotage-rates-2023-annual-ratemaking-and-review-of-methodology.
---------------------------------------------------------------------------

    Under the Pre-Guidance baseline, the annualized cost to industry 
from this rulemaking amounts to $8,948.49. This is not more than 1-
percent of revenue for any of the associations.
    Relative to our No Action baseline, the annualized cost to industry 
from this rulemaking amounts to $36.58. This is not more than 1-percent 
of revenue for any of the associations, and it is offset by the 
annualized cost savings under the same baseline of ($118,894.61). 
Therefore, the annualized net cost to industry is ($118,858.03) for 
costs relative to the No Action baseline's period of analysis.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

D. Collection of Information

    This rule calls for a 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: Great Lakes Pilotage Methodology
    OMB Control Number: 1625-0086.
    Summary of the Collection of Information: The Director requires 
that pilot associations provide data relating to bridge hours; vessel 
delay, detention, cancellation, and movage; Pilot travel; revenues; and 
Pilot availability. This final rule adds additional collections, which 
includes the collection of individual training plans and Semi-annual 
Performance Evaluation Reports, responses by Apprentice Pilots and 
Temporary Registered Pilots that were previously not detailed, and 
disputes and dispute appeals on trip charges.
    Need for Information: Pursuant to 46 CFR part 404, the Director of 
the Great Lakes Pilotage is required to set pilotage rates on the Great 
Lakes. In meeting this requirement, the Director requires that pilot 
associations provide data relating to bridge hours; vessel delay, 
detention, cancellation, and movage; Pilot travel; revenues; and Pilot 
availability. The new information collected in this rule assists in 
estimating the number of Pilots that may be available in a season by 
accurately tracking their progress through training (training plans and 
performance evaluations).
    Use of Information: The Director of Great Lakes Pilotage uses the 
data stored in the GLPMS and on Form CG-4509 to carry out operational 
and ratemaking oversight of pilotage activities on the Great Lakes.
    Description of the Respondents: The respondents are mariners and 
Pilots operating on the Great Lakes, and employees of the pilot 
associations.
    Number of Respondents: This final rule increases the number of 
respondents by 9, comprising 6 Apprentice Pilots and 3 Temporary 
Registered Pilots.
    Frequency of Response: Individualized training plans are submitted 
annually. Semi-annual Performance Evaluation Reports are submitted 
twice annually with follow-up as needed. Applicant Trainee applications 
are submitted as needed,\45\ with 8 submitted annually on average. 
Written marine accidents are submitted as necessary,\46\ with 3 
submitted annually on average. Disputes and dispute appeals \47\ are 
submitted as necessary, with 1 anticipated annually per SME guidance.
---------------------------------------------------------------------------

    \45\ Applicant Trainees have already been submitting these, but 
the regulatory text did not reference Applicant Trainees 
specifically. These submissions predate any guidance issued in 2018 
and are not a result of this rulemaking. The clarifying text in this 
rulemaking (acts to codify a long-standing practice. For these 
reasons, this line item is only an information collection cost and 
not a regulatory cost present in the cost model.
    \46\ The submission requirement for written marine accident 
reports found in Sec.  401.260 originated in 31 FR 9065 (July 1, 
1966). Therefore, this is a longstanding requirement which was not 
previously captured in ICR 1625-0086. For this reason, this line 
item is only an information collection cost and not a regulatory 
cost present in the cost model. To access 31 FR 9065, see https://archives.federalregister.gov/issue_slice/1966/7/1/9063-9067.pdf. 
Note the while reports of marine casualties are generally accounted 
for in ICR 1625-0001 (``Report of Marine Casualty & Chemical Testing 
of Commercial Vessel Personnel''), a Coast Guard SME confirmed the 
scope of the marine accident reports provided to the Director 
differs from those in 1625-0001. To access ICR 1625-0001, see 
https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202204-1625-009.
    \47\ Dispute appeals (found in 401.431(b)) originated in 29 FR 
10467 (July 28, 1964). Therefore, this is a longstanding requirement 
which was not previously captured in ICR 1625-0086. For this reason, 
this line item is only an information collection cost and not a 
regulatory cost present in the cost model. To access 31 FR 9065, see 
https://archives.federalregister.gov/issue_slice/1964/7/28/10461-10468.pdf#page=7.
---------------------------------------------------------------------------

    Burden of Response: Individualized training plans take 2 hours to 
submit, for an increased annual burden of 12 hours. Semi-annual 
Performance Evaluation Reports take 6 hours to submit, for an increased 
annual burden of 108 hours. The additional applications for the 
Applicant Trainees take 30 minutes each to submit, for an increased 
annual burden of 4 hours. Written marine accident reports take an hour 
to submit, for an increased annual burden of 3 hours. Disputes take 1 
hour to submit, with an increased annual burden of 3 hours. Dispute 
appeals take 30 minutes, with an increased annual burden of 1.5 hours.
    Estimate of Total Annual Burden: The total increase in burden from 
this final rule is 138 hours.
    As required by 44 U.S.C. 3507(d), we will submit a copy of this 
rule to OMB for its review of the collection of information.
    You are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. OMB has not 
yet completed its review of this collection. Before the Coast Guard may 
enforce new collection of information requirements introduced

[[Page 76345]]

by this rule, OMB would need to approve the Coast Guard's request to 
collect that information. We will publish a Federal Register notice 
once OMB takes action on our request.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. Our analysis follows.
    In 46 U.S.C. 9303, Congress directs the Coast Guard to regulate 
Great Lakes Pilot applicants' standards of competency, Certificates of 
Registration, duration of validity of registration, and the conditions 
for service by United States Registered Pilots, including availability 
for service. These regulations are issued pursuant to that statute and 
is preemptive of State law as specified in 46 U.S.C. 9306. Under 46 
U.S.C. 9306, a ``State or political subdivision of a State may not 
regulate or impose any requirement on pilotage on the Great Lakes.'' As 
a result, States or local governments are expressly prohibited from 
regulating within this category.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 
8101 (design, construction, alteration, repair, maintenance, operation, 
equipping, personnel qualification, and manning of vessels), as well as 
the reporting of casualties and any other category in which Congress 
intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. See United States v. Locke, 529 U.S. 89 (2000). Therefore, this 
rule is consistent with the fundamental federalism principles and 
preemption requirements described in Executive Order 13132.

F. Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

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

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988 (Civil Justice Reform) to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

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

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a determination that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.
    This final rule is categorically excluded under paragraphs A3, L54 
and L56 of Appendix A, table 1 of the Department of Homeland Security 
(DHS) Instruction Manual 023-01-001-01, Rev. 1. Paragraph A3 pertains 
to the promulgation of rules, issuance of rulings or interpretations, 
and the development and publication of policies, orders, directives, 
notices, procedures, manuals, advisory circulars, and other guidance 
documents of the following nature:
    (a) Those of a strictly administrative or procedural nature;
    (b) Those that implement, without substantive change, statutory or 
regulatory requirements;
    (c) Those that implement, without substantive change, procedures, 
manuals, and other guidance documents;
    (d) Those that interpret or amend an existing regulation without 
changing its environmental effect;
    (e) Technical guidance on safety and security matters; or
    (f) Guidance for the preparation of security plans.
    Paragraph L54 pertains to regulations which are editorial or 
procedural. Paragraph L56 pertains to regulations concerning the 
training, qualifying, licensing, and disciplining of maritime 
personnel.
    This final rule involves the amendment of certain Great Lakes

[[Page 76346]]

Pilotage regulatory requirements to align them with current Coast Guard 
and U.S. pilot association operations and related pilotage practices. 
In particular, this final rule adds or amends definitions for pertinent 
terms in order to clarify the different phases of training and 
registrations for Pilots who work on the Great Lakes. All of these 
changes are consistent with the Coast Guard's maritime safety missions.

List of Subjects

46 CFR Part 10

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

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 402

    Great Lakes, Navigation (water), Seamen.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR parts 10, 401, and 402 as follows:

PART 10--MERCHANT MARINER CREDENTIALS

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

    Authority:  14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
2104, 2110; 46 U.S.C. chapters 71; 73, 75; 46 U.S.C. 7701, 8903, 
8904, and 70105; E.O. 10173; DHS Delegation No. 00170.1, Revision 
No. 01.4.


0
2. Revise and republish Sec.  10.302(b) to read as follows:


Sec.  10.302  Medical and physical requirements.

* * * * *
    (b) Any required test, exam, or demonstration must have been 
performed, witnessed, or reviewed by a licensed Medical Doctor, 
licensed Physician Assistant, licensed Nurse Practitioner, or a 
Designated Medical Examiner. All licensed medical practitioners must 
hold a valid license issued in the United States.
* * * * *

PART 401--GREAT LAKES PILOTAGE REGULATIONS

0
3. The authority citation for part 401 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 2104(a), 6101, 7701, 8105, 9303, 
9304; DHS Delegation No. 00170.1, Revision No. 01.4, paragraph 
(II)(92)(a), (92)(d), (92)(e), (92)(f).


0
4. Revise Sec.  401.100 to read as follows:


Sec.  401.100  Purpose.

    The purpose of this part is to carry out those provisions of the 
Great Lakes Pilotage Act of 1960 (74 Stat. 259, 46 U.S.C. 216) relating 
to the registration of United States Pilots, the formation of pilotage 
pools by voluntary associations of United States Registered Pilots, and 
the establishment of rates, charges, and other conditions or terms for 
services performed by United States Registered Pilots to meet the 
provisions of the Act.

0
5. Revise Sec.  401.110 to read as follows:


Sec.  401.110  Definitions.

    As used in this chapter:
    Act means the Great Lakes Pilotage Act of 1960, as amended (Pub. L. 
86-555, 74 Stat. 259-262; 46 U.S.C. 216 through 216i).
    Applicant means a person who has submitted a Form CG-4509 to the 
Director of Great Lakes Pilotage (``Director''), to be considered for 
placement in an approved U.S. Great Lakes pilot training and 
qualification program at one of the established pilotage pools.
    Applicant Trainee means a person approved by the Director who is 
participating in an approved U.S. Great Lakes pilot training and 
qualification program. This individual meets the minimum requirements 
listed in 46 CFR 401.214 but does not have the necessary service or 
experience on their MMC in the Great Lakes to qualify as an Apprentice 
Pilot. The Applicant Trainee is not eligible for a Limited or Temporary 
Registration.
    Apprentice Pilot means a person approved by the Director who is 
participating in an approved U.S. Great Lakes pilot training and 
qualification program. This individual meets all the minimum 
requirements listed in 46 CFR 401.211.
    Association means any organization that holds a Certificate of 
Authorization issued by the Director to operate a pilotage pool on the 
Great Lakes.
    Canadian Registered Pilot means a person, other than a member of 
the regular complement of a vessel, who holds an appropriate Canadian 
license issued by an agency of Canada, and is registered by a 
designated agency of Canada on substantially the same basis as 
registration under the provisions of Subpart B of this part.
    Chemical test means a scientifically recognized test that analyzes 
an individual's breath, blood, urine, saliva, bodily fluids, or tissues 
for evidence of dangerous drug or alcohol use.
    Commandant means Commandant of the United States Coast Guard, 
Communications with the Commandant may be sent to the following 
address: Attn: Commandant, U.S. Coast Guard Stop 7000, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7000.
    Comparable experience means knowledge and previous performance that 
is similar to the knowledge and technical skills obtained by serving as 
an officer on vessels of at least 4,000 gross tonnage. Training and 
experience while participating in a pilot training program of an 
authorized pilot organization is considered equivalent on a day for day 
basis to experience as an officer on a vessel. The training program of 
the authorized pilot organization must, however, include regularly 
scheduled trips on vessels of at least 4,000 gross tonnage or over in 
the company of a United States Registered Pilot.
    Director means Director, Great Lakes Pilotage. Communications with 
the Director may be sent to the following address: Director, Great 
Lakes Pilotage, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. 
Avenue SE, Washington, DC 20593-7509.
    Full Registration is the issuance of a Certificate of Registration, 
by the Director, to an Apprentice Pilot who meets all the requirements 
in 46 CFR 401.210 and 401.211 and completes all the requirements in 46 
CFR 402.210 and 402.220 and so becomes a United States Registered 
Pilot.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the St. Lawrence River 
as far east as Saint Regis, and adjacent port areas.
    Gross Tonnage or GT means the gross tonnage measurement of the 
vessel under 46 U.S.C. chapter 143, Convention Measurement.
    Individual Training Plan is an outline of specific requirements 
reviewed and approved by the Director for an Apprentice Pilot, 
including but not limited to the length of time to complete the 
training, the minimum number of round trips required, the association's 
determination of proficiency, the officer endorsement on the MMC, and 
the Apprentice Pilot's pilotage experience on the Great Lakes. The plan 
communicates the qualifications and demonstrates skills the mariners 
must complete to meet the proficiency requirements for which the 
mariner is training.
    Limited Registration is an authorization issued by the Director, 
upon the request of the respective pilot association, to an Apprentice 
Pilot to provide pilotage service without direct supervision from a 
United States Registered Pilot or Temporary

[[Page 76347]]

Registered Pilot in a specific area or waterway.
    Marine accident is any of the following that occurs while a U.S. 
Registered Pilot, Apprentice Pilot, Apprentice Pilot with Limited 
Registration, or Temporary Registered Pilot is providing pilotage 
services in U.S. or Canadian waters:
    (1) Any allision or collision;
    (2) Any grounding;
    (3) A loss of main propulsion, primary steering, or any associated 
component or control system that, due to its duration or other 
circumstance, significantly impacts the maneuverability of the vessel;
    (4) An occurrence, directly related to the provision of pilotage 
services, involving significant harm to the environment as defined in 
46 CFR 4.03-65 (including Canadian waters); or
    (5) Any other incident, directly related to the provision of 
pilotage services, causing property damage in excess of $75,000 U.S. 
dollars (including the cost of labor and material to restore the 
property to its condition before the incident, but excluding the cost 
of such things as salvage, cleaning, gas-freeing, drydocking, or 
demurrage).
    Merchant Mariner Credential or MMC means the credential issued by 
the Coast Guard under 46 CFR part 10. It combines the individual 
merchant mariner's document, license, and certificate of registry 
enumerated in 46 U.S.C. subtitle II part E as well as the STCW 
endorsement into a single credential that serves as the mariner's 
qualification document, certificate of identification, and certificate 
of service.
    Minimum number of round trips is the fewest number of successful 
round trips an Apprentice Pilot must perform under the direct 
supervision of a fully registered United States Registered Pilot or 
Temporary Registered Pilot, according to their individual training 
plan. 46 CFR 402.220 contains the minimum number of round trips for 
certain officer endorsements.
    Officer endorsement means an annotation on an MMC that allows a 
mariner to serve in the capacities listed in 46 CFR 10.109.
    Person means an individual, Registered Pilot, partnership, 
corporation, association, voluntary association, authorized pilotage 
pool, or public or private organization, other than a government 
agency.
    Pilotage pool means an organization holding a Certificate of 
Authorization issued by the Director to provide pilotage services.
    Rate computation definitions to determine Weighting Factors, as 
used in the chapter:
    (1) Length means the distance between the forward and after 
extremities of the ship.
    (2) Breadth means the maximum breadth to the outside of the shell 
plating of the ship.
    (3) Depth means the vertical distance at amidships from the top of 
the keel plate to the uppermost continuous deck, fore and aft, and 
which extends to the sides of the ship. The continuity of a deck is not 
considered to be affected by the existence of tonnage openings, engine 
spaces, or a step in the deck.
    Round trip means providing pilotage service, in both directions, 
from one change point to another change point, or inbound and outbound 
in a port designated by an authorized pilotage pool.
    Secretary means the Secretary of the department in which the Coast 
Guard is operating.
    Semi-annual Performance Evaluation Report is an assessment 
performed on an Apprentice Pilot twice a year, by the association, to 
report the Apprentice Pilot's progress in the approved U.S. Great Lakes 
pilot training and qualification program at the established pilotage 
pool.
    Temporary Registered Pilot means a person who is issued a Temporary 
Registration by the Director in accordance with 46 CFR 401.222. A 
Temporary Registered Pilot holds a valid MMC, meets the requirements of 
Sec.  401.222, has previously held a Full Registration, has been 
approved to provide pilotage services by the Director, and has either:
    (1) Reached the age of 70 and desires to continue providing 
pilotage services; or
    (2) Retired from pilotage service and desires to provide pilotage 
services.
    United States Registered Pilot or U.S. Registered Pilot means a 
person, other than a member of the regular complement of a vessel, who 
holds an MMC with an officer endorsement authorizing navigation on the 
Great Lakes and suitably endorsed for pilotage on areas and routes 
specified therein, issued under the authority of the provisions of 
Title 46 of the United States Code, and who also currently holds a 
Certificate of Registration ID Card under the provisions of Subpart B 
of this part.

0
6. Revise Sec.  401.120 to read as follows:


Sec.  401.120  Federal reservation of pilotage regulations.

    No state, municipal, or other local authority may require the use 
of Pilots or regulate any aspect of pilotage in any of the waters 
specified in the Act. Only those persons registered as United States 
Registered Pilots or Canadian Registered Pilots as defined in this 
subpart may render pilotage services on any vessel subject to the Act 
and the Memorandum of Understanding, Great Lakes Pilotage.

0
7. Revise Sec.  401.200 to read as follows:


Sec.  401.200  Application for registration.

    An application for registration as a U.S. Registered Pilot must be 
made on Form CG-4509, which must be submitted via email to: 
[email protected]; or by physical mail to: Great Lakes 
Pilotage Office, 2703 Martin Luther King Jr. Ave SE, Stop 7509, 
Washington, DC 20593-7509. This form may be obtained from the Director.

0
8. Revise Sec.  401.210 to read as follows:


Sec.  401.210  Requirements and qualifications for Full Registration.

    (a) No person may be fully registered as a United States Registered 
Pilot unless:
    (1) The individual holds an MMC with an officer endorsement as a 
Master, Mate, or Pilot, issued under the provisions of subpart B of 46 
CFR part 11, and has acquired at least 24 months service as a deck 
officer or comparable experience on vessels or integrated tug and 
barge, of at least 4,000 gross tonnage, operating on the Great Lakes or 
oceans. Those applicants qualifying with other than Great Lakes service 
must have obtained at least 6 months of service as a deck officer or 
comparable experience on the Great Lakes. Those applicants qualifying 
with comparable experience must have served a minimum of 12 months as a 
deck officer under the authority of their MMC.
    (2) The individual is a citizen of the United States.
    (3) The individual is of good moral character and temperate habits.
    (4) The individual is physically competent to perform the duties of 
a U.S. Registered Pilot and meets the applicable medical requirements 
and standards prescribed by the Commandant in subpart C of 46 CFR part 
10.
    (5) The individual has not reached the age of 70.
    (6) The individual agrees to be available for service under the 
terms and conditions as may be approved or prescribed by the 
Commandant.
    (7) The individual has complied with the requirements set forth in 
Sec.  401.220(b) for Apprentice Pilots.
    (8) The individual meets the chemical testing requirements as 
defined in 46 CFR part 16.

[[Page 76348]]

    (9) The individual agrees to comply with all applicable provisions 
of this part and amendments thereto.
    (b) Any person registered as a United States Registered Pilot 
pursuant to the provisions of this part whose application contains 
false or misleading statements furnished by the applicant in 
furtherance of their application will be in violation of these 
regulations and may be proceeded against under Sec.  401.250(a) or 
Sec.  401.500.

0
9. Revise Sec.  401.211 to read as follows:


Sec.  401.211  Requirements for training of Apprentice Pilots and 
Limited Registration Authorization.

    (a) The Director will determine the number of Apprentice Pilots 
required to be in training by each association authorized to form a 
pilotage pool in order to assure an adequate number of United States 
Registered Pilots.
    (b) No Apprentice Pilot will be selected for training unless:
    (1) The individual meets the requirements and qualifications set 
forth in paragraphs (a)(1) through (4), (6), (8), and (9) of Sec.  
401.210;
    (2) The individual must not have reached the age of 60; and
    (3) The individual possesses a Radar Observer-Unlimited endorsement 
on their MMC in accordance with Sec.  11.480.
    (c) For purpose of determining whether an applicant meets the 
experience requirements contained in Sec.  401.210(a)(1), not more than 
12 months of ``comparable experience'' may be used in fulfilling the 
24-month experience requirement.
    (d) The Director must approve the United States Registered Pilots 
or Temporary Registered Pilots designated by the authorized pilot 
organization to provide training to those Pilots in training to be 
United States Registered Pilots.
    (e) Persons desiring to be considered as an Apprentice Pilot must 
file with the Director a completed Application Form CG-4509 by email 
to: [email protected]; or by mail to: Great Lakes Pilotage 
Office, 2703 Martin Luther King Jr. Ave SE, Mail Stop 7509, Washington, 
DC 20593-7509. Upon the request of the Director, the person desiring to 
be considered as an Apprentice Pilot must submit two full-face passport 
style photographs, signed on the photo, vertically, as close to the 
head as possible.
    (f) Applicants meeting the minimum requirements of this section who 
are both selected by the association and approved by the Director will 
be issued a U.S. Coast Guard Apprentice Pilot Identification Card. Such 
Card is valid until such time as:
    (1) The expiration of a term determined by the Director;
    (2) The Apprentice Pilot is registered as a Pilot under Sec.  
401.210;
    (3) The Apprentice Pilot withdraws from the training program; or
    (4) The card is ordered withdrawn by the Director.
    (g) The Apprentice Pilot must have a Director-approved individual 
training plan. The Apprentice Pilot, along with the pilot association, 
will record all their round trips, as per their individual training 
plan, and provide this information to the Director for review. Round 
trips completed as an Apprentice Pilot will count toward Full 
Registration.
    (h) The appropriate pilot association must complete a Semi-annual 
Performance Evaluation Report on the Apprentice Pilot twice a year, to 
assess the Apprentice Pilot's progress in the approved U.S. Great Lakes 
pilot training and qualification program at the established pilotage 
pool. The evaluation must be submitted to the Director by August 15 and 
January 15 of each season. The report should provide a recommendation 
to the Director on whether to keep the Apprentice Pilot in the training 
program.
    (i) The Apprentice Pilot must be enrolled in the association's 
chemical testing program. The chemical testing program must meet the 
requirements of 46 CFR part 16. For the purposes of this part, the 
association is deemed to be the Sponsoring Organization as defined in 
46 CFR 16.105.
    (j) To facilitate the training of the Apprentice Pilot, the 
Director may authorize Limited Registration to the Apprentice Pilot, 
upon the request from the pilot association. The Apprentice Pilot 
obtains a Limited Registration by completing and recording the 
requirements set forth in Sec.  401.220(b)(1). Limited Registration 
periods will not exceed 6 months before the need to request a renewal; 
the specific period is determined by the Director per 46 CFR 
401.110(9). The Apprentice Pilot must maintain a favorable performance 
evaluation via their Semi-annual Performance Evaluation Reports, and 
the Director must determine a need for the Pilot. At any time, this 
authorization may be revoked at the discretion of the Director.
    (k) An Apprentice Pilot may be eligible for a Certificate of 
Registration, after:
    (1) The mariner completes a Director-approved U.S. Great Lakes 
Pilot training and qualification program in one of the Great Lakes' 
pilot associations;
    (2) The appropriate pilot association gives the mariner a positive 
endorsement;
    (3) The mariner passes the Director's exam; and
    (4) The Director determines that the association needs an 
additional Pilot.

0
10. Add new Sec.  401.214 to read as follows:


Sec.  401.214  Training requirements for Applicant Trainees.

    (a) The Director will determine the number of Applicant Trainees 
required to be in training by each association authorized to form a 
pilotage pool in order to assure an adequate number of United States 
Registered Pilots.
    (b) No Applicant Trainee may be selected for training unless:
    (1) The individual meets the requirements and qualifications set 
forth in paragraphs (a)(2) through (4), (6), (8), and (9) of Sec.  
401.210;
    (2) The individual must not have reached the age of 60; and
    (3) The individual possesses a Radar Observer-Unlimited endorsement 
on their MMC in accordance with Sec.  11.480.
    (c) An individual with other than Great Lakes service must obtain 
at least six (6) months of service as a credentialed officer, or 
comparable experience, on the Great Lakes with the pilot association in 
the District waters assigned before they are eligible to become an 
Apprentice Pilot. Round trips and related activities completed during 
this training phase will not count towards Full Registration.
    (d) The Director must approve the United States Registered Pilots 
or Temporary Registered Pilots that are designated by the authorized 
pilot organization to provide training to those Pilots that are in 
training to be United States Registered Pilots.
    (e) Persons desiring to be considered as an Applicant Trainee must 
file with the Director a completed Application Form CG-4509 via email 
to: [email protected] or by mail to: Great Lakes Pilotage 
Office, 2703 Martin Luther King Jr. Ave SE, Mail Stop 7509, Washington, 
DC 20593-7509. Upon the request of the Director, the person desiring to 
be considered as an Applicant Trainee must submit two full-face 
passport style photographs, signed on the photo, vertically, as close 
to the head as possible.
    (f) Applicants must meet the pre-employment chemical testing 
requirements as defined in 46 CFR 16.210.
    (g) Applicants meeting the minimum requirements of this section who 
are both selected by the association and approved by the Director will 
be issued

[[Page 76349]]

a U.S. Coast Guard Applicant Trainee Identification Card. Such Card is 
valid until such time as:
    (1) The expiration of a term determined by the Director;
    (2) The Applicant Trainee is registered as an Apprentice Pilot 
under Sec.  401.211;
    (3) The Applicant Trainee withdraws from the training program; or
    (4) The card is ordered withdrawn by the Director.

0
11. Revise Sec.  401.220 to read as follows:


Sec.  401.220  Registration of Pilots.

    (a) The Director must determine the number of Pilots required to be 
registered in order to assure adequate and efficient pilotage service 
in the United States waters of the Great Lakes and to provide for 
equitable participation of United States Registered Pilots with 
Canadian Registered Pilots in the rendering of pilotage services. The 
Director determines the number of Pilots needed as follows:
    (1) The Director determines the base number of Pilots needed by 
dividing each area's peak pilotage demand data by its pilot work cycle. 
The Pilot work cycle standard includes any time that the Director finds 
to be a necessary and reasonable component of ensuring that a pilotage 
assignment is carried out safely, efficiently, and reliably for each 
area. These components may include, but are not limited to--
    (i) Amount of time a Pilot provides pilotage service or is 
available to a vessel's Master to provide pilotage service;
    (ii) Pilot travel time, measured from the Pilot's base, to and from 
an assignment's starting and ending points;
    (iii) Assignment delays and detentions;
    (iv) Administrative time for a Pilot who serves as a pilot 
association's president;
    (v) Rest between assignments, as required by Sec.  401.451;
    (vi) Ten days' recuperative rest per month from April 15 through 
November 15 each year, provided that lesser rest allowances are 
approved by the Director at the pilot association's request, if 
necessary to provide pilotage without interruption through that period; 
and
    (vii) Pilotage-related training.
    (2) Pilotage demand and the base seasonal work standard are based 
on available and reliable data, as so deemed by the Director, for a 
multi-year base period. The multi-year period is the 10 most recent 
past years, and the data source is a system approved under 46 CFR 
403.300. Where such data are not available or reliable, the Director 
also may use data, from additional past years or other sources, that 
the Director determines to be available and reliable.
    (3) The number of Pilots needed in each district is calculated by 
totaling the area results by district and rounding them to the nearest 
whole integer. For supportable circumstances, the Director may make 
reasonable and necessary adjustments to the rounded result to provide 
for changes that the Director anticipates will affect the need for 
Pilots in the district over the period for which base rates are being 
established.
    (b) Registration of Pilots must be made from among those Apprentice 
Pilots who have:
    (1) Completed the minimum number of round trips prescribed by the 
Director over the waters for which application is made on oceangoing 
vessels, in company with a United States Registered Pilot or Temporary 
Registered Pilot, and in accordance with the Apprentice Pilot's 
approved individual training plan;
    (2) Completed the approved course of instruction for Apprentice 
Pilots prescribed by the association authorized to establish the 
pilotage pool; and
    (3) After completing the requirements in paragraphs (b)(1) and (2) 
of this section, satisfactorily completed a written examination 
prescribed by the Director, evidencing their knowledge and 
understanding of the Great Lakes Pilotage Act of 1960, Great Lakes 
Pilotage Regulations, Rules and Orders; the Memorandum of 
Understanding, Great Lakes Pilotage, between the United States and 
Canada; and other related matters including the working rules and 
operating procedures of the district, given at such time and place as 
the Director may designate within the pilotage district of the 
Apprentice Pilot.
    (c) The pilot association authorized to establish a pilotage pool 
in which an Apprentice Pilot has qualified for registration under 
paragraph (b) of this section must submit to the Director, in writing, 
its recommendations together with its reasons for or against the 
registration of the Apprentice Pilot.
    (d) Subject to the provisions of paragraphs (a), (b), and (c) of 
this section, an Apprentice Pilot found to be qualified under this 
subpart may be considered fully registered and issued a Certificate of 
Registration, valid for a term of five (5) years or until the 
expiration of their Master, Mate, or Pilot endorsement, or until the 
Pilot reaches age 70, whichever occurs first.

0
12. Add new Sec.  401.222 to read as follows:


Sec.  401.222  Temporary Registered Pilots on the Great Lakes.

    (a) The Director may, when necessary to ensure safe, efficient, and 
reliable pilotage service for maritime commerce, issue a Temporary 
Registration to any person found qualified under this subpart who:
    (1) Holds a valid MMC;
    (2) Meets the requirements of 46 CFR 401.210 (except paragraph 
(a)(5));
    (3) Has previously held a Full Registration;
    (4) Meets the requirements of 46 CFR part 16; and
    (5) Either:
    (i) Has reached the age of 70 and desires to continue providing 
pilotage services; or
    (ii) Has retired from pilotage service and desires to provide 
pilotage services.
    (b) A Temporary Registration is valid for a length of time to be 
determined by the Director, but not to exceed 1 year from the date of 
issuance.

0
13. Revise Sec.  401.230 to read as follows:


Sec.  401.230  Certificates of Registration.

    (a) A Certificate of Registration must describe the areas and 
routes of the Great Lakes within which the Pilot is authorized to 
perform pilotage services, and such description must be consistent with 
the terms of the pilotage authorization in their Master, Mate, or Pilot 
endorsement issued under the authority of Title 46 of the United States 
Code.
    (b) A Certificate of Registration does not authorize the holder to 
board any vessel, or to serve as a Pilot of any vessel, without the 
permission of the owner or Master. A Certificate of Registration must 
be in the possession of a Pilot at all times when they are in the 
service of a vessel, and must be displayed upon demand of the owner or 
Master, any United States Coast Guard officer or inspector, or a 
representative of the Director.
    (c) A Certificate of Registration evidencing registration of the 
holder is the property of the U.S. Coast Guard, and it may not be 
pledged, deposited, or surrendered to any person except as authorized 
by this part. A Certificate of Registration may not be copied or 
digitally reproduced, or be used to make a facsimile or Photostat. A 
Certificate which has expired without renewal, or renewal of which has 
been denied under the provisions of this section, must be surrendered 
to the Director upon demand.
    (d) An application for a replacement of a lost, damaged, or defaced 
Certificate of Registration must be submitted to the Director, on a 
Form CG-4509, together

[[Page 76350]]

with two full-face passport style photographs, signed on the photo, 
vertically, as close to the head as possible. A replacement fee of five 
dollars ($5) by check or money order, drawn to the order of the U.S. 
Coast Guard, must accompany any such application. A Certificate issued 
as a replacement for a lost, damaged, or defaced Certificate will be 
marked so as to indicate that it is a replacement. Upon receipt of a 
Certificate issued as a replacement, the damaged or defaced Certificate 
must be surrendered to the Director.
    (e) A Certificate of Registration may be voluntarily surrendered to 
the Director by a U.S. Registered Pilot at any time such Pilot no 
longer desires to perform pilotage services; however, in the event such 
U.S. Registered Pilot has been served with a notice of hearing pursuant 
to Sec.  401.250, a voluntary surrender of the Certificate of 
Registration will be at the option of the Director.

0
14. Revise Sec.  401.240 to read as follows:


Sec.  401.240  Renewal of Certificates of Registration.

    (a) An application for renewal of a Certificate of Registration 
must be submitted to the Director, on a Form CG-4509, together with two 
full-face passport style photographs, signed on the photo, vertically, 
as close to the head as possible, at least 15 days before the 
expiration date of the existing Certificate. The form for renewal of 
Certificates of Registration may be obtained from the Director. A 
renewal fee of five dollars ($5) by check or money order, drawn to the 
order of the U.S. Coast Guard, must accompany an application for 
renewal of registration, which will be refunded if registration is not 
renewed. Failure of a U.S. Registered Pilot to comply with these 
requirements or file a complete and sufficient application may 
constitute cause for denying renewal of the Certificate of 
Registration.
    (b) No Certificate of Registration will be renewed unless the 
applicant for renewal meets the requirements and qualifications set 
forth in Sec.  401.210 for issuance of an original Certificate of 
Registration, excepting that compliance with Sec.  401.210(a)(4) is not 
required if the examination was satisfactorily passed on a previous 
application for registration within six (6) months next preceding the 
date of application for renewal.
    (c) If the Director determines that there is good cause for denying 
renewal of a Certificate of Registration, the applicant must be 
notified in writing of such determination and the cause thereof. The 
applicant may thereupon apply within fifteen (15) days of the receipt 
of such notice for a hearing in regard to the cause for the denying of 
a renewal of the Certificate, which hearing must be granted.
    (d) In any case in which the applicant has made timely and 
sufficient application for renewal of their registration, no such 
registration will expire until such application has been finally 
determined by the Director unless the public health, interest, or 
safety requires otherwise.
    (e) Upon receipt of a renewal Certificate of Registration, the 
expired Certificate must be surrendered to the Director.

0
15. Amend Sec.  401.250 by revising paragraphs (a) and (d) to read as 
follows:


Sec.  401.250  Suspension and revocation of Certificates of 
Registration.

    (a) A Certificate of Registration issued pursuant to the provisions 
of this part may be suspended or revoked upon a determination on the 
record, after opportunity for a hearing in accordance with the 
Administrative Procedure Act, as amended (5 U.S.C. 551 through 559), 
that the Pilot (holder) has violated any provision of this chapter or 
is no longer eligible for registration.
* * * * *
    (d) Every U.S. Registered Pilot must, whenever their MMC officer 
endorsement is revoked or suspended under the provisions of part 5 of 
this title, deliver their Certificate of Registration simultaneously 
with their MMC to the U.S. Coast Guard. If the officer endorsement is 
suspended, the Certificate of Registration will be held with the 
suspended officer endorsement and returned to the holder upon 
expiration of the suspension period.

0
16. Revise Sec.  401.260 to read as follows:


Sec.  401.260  Reports.

    (a) A marine accident that occurs while a United States Registered 
Pilot, Apprentice Pilot, Apprentice Pilot with Limited Registration, or 
Temporary Registered Pilot is providing pilotage service to a vessel in 
United States or Canadian waters of the Great Lakes must be reported in 
writing by the Pilot to the Director as soon as possible, but not later 
than 15 days after the accident. The written report must include:
    (1) Name and description of the vessel or vessels involved;
    (2) Description of the accident;
    (3) Type of accident;
    (4) Location;
    (5) Time of occurrence;
    (6) Prevailing weather;
    (7) Results of the Pilot's post-casualty drug and alcohol test, if 
required;
    (8) Damage to the vessel or vessels or property; and
    (9) Injury to persons or lives lost.
    (b) The report in paragraph (a) of this section does not relieve 
the Pilot or others of responsibility for submitting any report 
required by other Coast Guard regulations or other government agencies 
of the United States or Canada.
    (c) Every United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, and Temporary Registered 
Pilot must file with the Director any change of their mailing address, 
email address, or phone number within 15 days after the change.

0
17. Amend Sec.  401.300 by revising the section heading, paragraph (a) 
introductory text, and paragraph (b) to read as follows:


Sec.  401.300  Authorization for establishment of pilotage pools.

    (a) Voluntary associations of United States Registered Pilots will 
be authorized to establish a pilotage pool or pools in the following 
areas of the U.S. waters of the Great Lakes designated by the President 
in Proclamation No. 3385 of December 22, 1960, as amended by 
Proclamation No. 3855 of June 10, 1968, or in such other areas as the 
Director may deem necessary to assure adequate and efficient pilotage 
services for the U.S. waters of the Great Lakes:
* * * * *
    (b) The Director must determine the number of pilotage pools that 
will be authorized for establishment by voluntary associations of 
United States Registered Pilots in order to assure adequate and 
efficient pilotage services for the United States waters of the Great 
Lakes.

0
18. Amend Sec.  401.310 by revising the heading and introductory text 
to read as follows:


Sec.  401.310  Application for establishment of pilotage pools.

    An application by a voluntary association for authorization to 
establish a pilotage pool must be filed on the form to be obtained from 
the Director. The form must require, among other things, furnishing of 
the following information:
* * * * *

0
19. Amend Sec.  401.320 by revising the section heading, introductory 
text, and paragraphs (d)(1), (5) and (6) to read as follows:

[[Page 76351]]

Sec.  401.320  Requirements and qualifications for authorization to 
establish pilotage pools.

    No voluntary association will be authorized to establish a pilotage 
pool unless:
* * * * *
    (d) * * *
    (1) Pilotage services will be provided on a first-come, first-serve 
basis to vessels giving proper notice of arrival time or pilotage 
service requirements, to the pilotage station, except that Pilots will 
not be required to board vessels which do not provide safe boarding 
facilities;
* * * * *
    (5) It will be subject to such other provisions as may be 
prescribed by the Director governing the operation of and the costs 
which may be charged in connection with the pilotage pools;
    (6) It will coordinate on a reciprocal basis its pilotage pool 
operations with similar pilotage pool arrangements established by the 
Canadian Government and pursuant to the provisions of the United 
States-Canada Memorandum of Understanding, Great Lakes Pilotage, or any 
other arrangements established by the United States and Canadian 
Governments.

0
20. Revise Sec.  401.330 to read as follows:


Sec.  401.330  Certificates of Authorization.

    (a) Subject to Sec.  401.300(b), an association that is qualified 
to establish a pilotage pool in a District or area is issued a 
Certificate of Authorization that is valid until suspended or revoked 
under the procedures in Sec.  401.335.
    (b) A Certificate of Authorization must be in such form as the 
Director may prescribe, but must describe the area of the Great Lakes 
in which the pilotage pool will perform pilotage services. A 
Certificate of Authorization must be posted in the principal place of 
business of an association in such manner so as to be available for 
examination by members of the association and the public.

0
21. Amend Sec.  401.335 by revising paragraphs (c) through (e) to read 
as follows:


Sec.  401.335  Suspension or revocation of a Certificate of 
Authorization.

* * * * *
    (c) If the Director finds that the violation of a requirement of 
this part involves public health, interest, or safety, or that the 
violation is willful, the Director may issue an order to suspend the 
Certificate of Authorization without giving notice under paragraph (b) 
of this section. The order must contain the reasons for the Director's 
action.
    (d) A holder who has its Certificate of Authorization suspended 
under paragraph (c) of this section will have an opportunity to be 
heard by notifying the Director in writing.
    (e) The Director must reinstate a Certificate of Authorization that 
has been suspended under paragraph (b) or (c) of this section when the 
Director determines that the holder is complying with this part.

0
22. Revise Sec.  401.340 to read as follows:


Sec.  401.340  Compliance with working rules of pilotage pools.

    (a) United States or Canadian Registered Pilots utilizing the 
facilities and dispatching services of any authorized pilotage pool 
must comply with its working rules approved under Sec.  402.320, except 
to the extent inconsistent with the dispatch orders of the Director 
under Sec.  401.720(b), and with other rules of the pilotage pool that 
are related to those facilities and services.
    (b) The voluntary associations of U.S. Registered Pilots authorized 
to establish a pilotage pool may require a U.S. Registered Pilot to 
execute a written authorization for the pilotage pool to bill for 
services, deduct authorized expenses, and to comply with the working 
rules and other rules of the pilotage pool relating to such facilities 
and services. Facilities and services of the pilotage pool may be 
denied to any U.S. Registered Pilot who fails or refuses to execute 
such authorizations.
    (c) United States Registered Pilots who fail to execute such an 
authorization will not be considered members of the U.S. pilotage pool, 
and are not entitled to reciprocal dispatching and related services by 
United States and Canadian pilotage pools as provided for by the 
Memorandum of Understanding. A United States Registered Pilot who fails 
or refuses to avail themselves of the established facilities and 
services will be considered as not being continuously available for 
service pursuant to section 4(a) of the Great Lakes Pilotage Act of 
1960 (46 U.S.C. 216 through 216i) and their agreement executed on the 
Application for Registration as a United States Registered Pilot, and 
may be subject to suspension or revocation proceedings as prescribed by 
Sec.  401.250.


Sec.  401.400  [Amended]

0
23. Amend Sec.  401.400 introductory text by removing the word 
``shall'' and adding, in its place, the word ``must''.

0
24. Amend Sec.  401.420 by revising paragraphs (a) through (c) to read 
as follows:


Sec.  401.420  Cancellation, delay, or interruption in rendition of 
services.

    (a) Except as otherwise provided in this section, a vessel can be 
charged as authorized in Sec.  401.405 of this part for the waters in 
which the event takes place, if--
    (1) A U.S. Pilot is retained on board while a vessel's passage is 
interrupted;
    (2) A U.S. Pilot's departure from the vessel after the end of an 
assignment is delayed, and the Pilot is detained on board, for the 
vessel's convenience; or
    (3) A vessel's departure or transit is delayed, for the vessel's 
convenience, beyond the time that a U.S. Pilot is scheduled to report 
for duty, or reports for duty as ordered, whichever is later.
    (b) When an order for a U.S. Pilot's service is cancelled, the 
vessel can be charged for the Pilot's reasonable travel expenses for 
travel that occurred to and from the Pilot's base, and the greater of--
    (1) Four hours; or
    (2) The time of cancellation and the time of the Pilot's scheduled 
arrival, or the Pilot's reporting for duty as ordered, whichever is 
later.
    (c) Between the dates of May 1 and November 30, a vessel or owner 
is not liable for charges under paragraphs (a)(1) or (2) of this 
section, if the Pilot's retention or delayed departure was caused by 
ice or weather, as determined by the vessel Master.
* * * * *

0
25. Revise Sec.  401.425 to read as follows:


Sec.  401.425  Provision for additional Pilot.

    The Director may require the assignment of two Pilots to a ship 
upon request of the ship or when the Director deems it necessary for 
the safe navigation of the ship, because of anticipated long transit, 
uncommon ship size, adverse weather or sea conditions or other abnormal 
circumstances. The charge to the ship will be twice the appropriate 
charge provided for in Sec. Sec.  401.405, 401.407, 401.410, and 
401.420. Each situation will be evaluated on a case-by-case basis. This 
authorization may occur at the opening and closing of the year, after 
the locks have opened or closed for a defined time period based upon 
the availability of the aids to navigation, ice conditions, weather 
forecasts, and other relevant information.

[[Page 76352]]

Sec.  401.427  [Amended]

0
26. Amend Sec.  401.427 by removing the word ``shall'' and adding, in 
its place, the word ``must''.

0
27. Revise Sec.  401.430 to read as follows:


Sec.  401.430  Prohibited charges.

    No rate or charge may be applied against any vessel, owner, or 
Master thereof by a United States Registered Pilot that differs from 
the rates and charges set forth in this part, nor may any rates or 
charges be made for services performed by a United States Registered 
Pilot, or for support services directly related to the provision of 
pilotage that a United States Registered Pilot requires a vessel to 
utilize, other than those for which a rate is prescribed in this part, 
without the approval of the Director.

0
28. Revise Sec.  401.431 to read as follows:


Sec.  401.431  Disputed charges.

    (a) Any rate or charge applied against any vessel, owner, or Master 
thereof by a Registered Pilot or pilot association that the owner or 
Master disputes as a charge prohibited by Sec.  401.430 may be appealed 
to the Director, within 60 business days of the date the pilot 
association issues the bill, for an advisory opinion as to whether such 
rate or charge is a prohibited charge.
    (b) The appeal must be official correspondence from either the 
vessel owner, vessel charterer, or an agent or employee empowered to 
speak on behalf of the owner or charterer. The appeal must be supported 
by evidence that a reasonable attempt has been made to resolve the 
matter between the parties and that a bona fide controversy exists. The 
correspondence must articulate the following:
    (i) Vessel name, date of service, and reference number for the 
invoice/bill;
    (ii) Exact amount of dispute;
    (iii) Regulatory citation for dispute; and
    (iv) Requested resolution.
    (c) The pilot association must be furnished with a copy of the 
appeal and be notified by the owner or charterer that the matter has 
been appealed for an advisory opinion.
    (d) The pilot association must be allowed 20 business days from 
receiving the notice of appeal in which to provide any data or 
arguments desired to be submitted in further defense of the disputed 
charges.
    (e) The Director must consider all relevant matters presented and 
issue an advisory opinion within 30 business days of receiving the 
pilot association's submission(s) per paragraph (d) of this section. 
The advisory opinion must set forth the rates and charges in dispute, a 
discussion of the facts and relevant information considered, and a 
statement of opinion.
    (f) When the opinion of the Director is that the disputed rates or 
charges are prohibited by Sec.  401.430, the respondent must refund 
moneys, adjust invoices, and otherwise conform to the advisory opinion 
within thirty (30) business days.
    (g) Failure or refusal to comply with the advisory opinion within 
the time allowed may form a basis for a determination that there is a 
violation of the Great Lakes Pilotage Regulations subject to the 
provisions of Sec.  401.500.
    (h) The pilot association or vessel owner may appeal the advisory 
opinion to the Director of Marine Transportation Systems (CG-5PW), no 
later than 10 business days after receiving the advisory opinion, for a 
final adjudication.

0
29. Amend Sec.  401.450 by revising the introductory text and 
paragraphs (b), (i), and (k) to read as follows:


Sec.  401.450  Pilot change points.

    A Registered Pilot's assignment is completed when the vessel to 
which they are assigned completes its arrival at or, in the case of a 
through trip, passes any of the following places:
* * * * *
    (b) Iroquois Lock, Ogdensburg, NY;
* * * * *
    (i) Buoy 33, St. Marys River, Point Iroquois;
* * * * *
    (k) Duluth/Superior and Fort William/Port Arthur with respect to 
assignments originating at Buoy 33.

0
30. Revise Sec.  401.451 to read as follows:


Sec.  401.451  Pilot rest periods.

    (a) Except as provided in paragraph (b) of this section:
    (1) Each United States Registered Pilot upon completing an 
assignment at a change point designated in Sec.  401.450, and
    (2) Each United States Registered Pilot upon completing a series of 
assignments totaling more than 10 hours with no more than 2 hours rest 
between assignments, must not perform pilotage services for at least 10 
hours.
    (b) In the event of an emergency or other compelling circumstances 
a pilotage pool may assign a United States Registered Pilot for service 
before their 10-hour rest period required under paragraph (a) of this 
section is completed. Pilotage pools must advise the Director of each 
assignment made under this paragraph.

0
31. Revise the heading of Subpart E to read as follows:

Subpart E--Penalties; Operations without Registered Pilots

0
32. Revise Sec.  401.500 to read as follows:


Sec.  401.500  Penalties for violations.

    Any person, including a Pilot, Master, owner, or agent, who 
violates any provision of this part may be liable to the United States 
for a civil penalty as set forth in 46 U.S.C. 9308.

0
33. Revise Sec.  401.510 to read as follows:


Sec.  401.510  Operation without Registered Pilots.

    (a) A vessel may be navigated in the United States waters of the 
Great Lakes without a United States or Canadian Registered Pilot when 
the vessel or its cargo is in distress or jeopardy.
    (b) A vessel may be navigated in the United States waters of the 
Great Lakes without a United States or Canadian Registered Pilot only 
when the Director, with the concurrence of the Commander, 9th Coast 
Guard District, notifies the Master that a United States or Canadian 
Registered Pilot is not available.
    (1) Notification to the Master that a Pilot is not available will 
be made by the Director, either directly to the vessel or through the 
appropriate pilotage pool, orally or in writing as the circumstances 
permit, and must not be deemed given until the notice is actually 
received by the vessel.
    (2) The determination that a Pilot is not available will be made on 
an individual basis and only when a vessel has given proper notice of 
its pilotage service requirements to the pilotage pool having 
dispatching jurisdiction at the time. The vessel has no obligation or 
responsibility with respect to such notification other than properly 
informing the pilotage pool of its pilotage requirements. However, the 
failure or delay by the pilotage pool in processing a pilotage service 
request, or refusal or delay by the Director in notifying the vessel 
that a Pilot is not available, does not constitute constructive notice 
that a Pilot is not available, and the vessel is not relieved by such 
failure or delay from compliance with the Great Lakes Pilotage Act of 
1960.
    (3) In the event of an emergency or any other compelling 
circumstance, the Director may issue, without the specific request for 
service as provided under paragraph (b)(2) of this section, individual 
or general notification that a

[[Page 76353]]

Pilot or Pilots are not available. Pilotage pools must advise the 
Director of any condition or circumstance coming to their attention 
which may warrant such a determination.

0
34. Revise Sec.  401.615 to read as follows:


Sec.  401.615  Representation.

    (a) The United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registered 
Pilot designated ``respondent'' in a suspension or revocation hearing 
or ``applicant'' in a refusal-to-renew-registration hearing, may be 
represented before the Administrative Law Judge by any person who is a 
member in good standing of the bar of the highest court of any State, 
Commonwealth, Territory, Possession, or the District of Columbia, upon 
filing with the Administrative Law Judge a written declaration that 
they are currently qualified and are authorized to represent the 
particular party in whose behalf they act.
    (b) Whenever a person acting in a representative capacity appears 
in person or signs a paper in practice before the Administrative Law 
Judge, Director, Commandant, the Administrator, or other official of 
the U.S. Coast Guard, their personal appearance or signature 
constitutes a representation that under the provisions of this subpart 
and applicable law they are authorized and qualified to represent the 
particular person in whose behalf they act.
    (c) When any United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registered 
Pilot is represented by an attorney at law, any notice or other written 
communication required or permitted to be given to or by such a Pilot 
must be given to or by such attorney. If a Pilot is represented by more 
than one attorney, service by or upon any one of such attorneys is 
sufficient.

0
35. Revise Sec.  401.630 to read as follows:


Sec.  401.630  Appearance, testimony, and cross-examination.

    (a) The U.S. Registered Pilot may appear in person or by counsel 
and may testify at the hearing, call witnesses on their own behalf, and 
cross-examine witnesses appearing on behalf of the Director.
    (1) In any case in which the U.S. Registered Pilot, after being 
duly served with the notice of the time and place of the hearing, fails 
to appear at the time and place specified for the hearing, a notation 
to that effect must be made in the record and the hearing may then be 
conducted ``in absentia.''
    (2) The Administrative Law Judge must also cause to be placed in 
the record all the facts concerning the issuance and service of the 
notice of hearing and the allegations against the U.S. Registered 
Pilot.
    (b) The Director, through counsel, must appear, present evidence, 
call witnesses, and cross-examine the witnesses called on behalf of the 
U.S. Registered Pilot.
    (c) At the discretion of the Administrative Law Judge, other 
witnesses may testify at the hearing.

0
36. Revise Sec.  401.635 to read as follows:


Sec.  401.635  Evidence which must be excluded.

    The Administrative Law Judge presiding at the hearing must exclude 
irrelevant, immaterial, or unduly repetitious evidence.

0
37. Revise Sec.  401.640 to read as follows:


Sec.  401.640  Record for decision.

    The transcript of testimony and oral argument at the hearing, 
together with any exhibits received, will be made part of the record 
for decision, and the record will be available to the respondent or 
applicant on payment of costs thereof.

0
38. Revise Sec.  401.645 to read as follows:


Sec.  401.645  Administrative Law Judge's decision; exceptions thereto.

    At the conclusion of the hearing, the parties may submit briefs and 
recommended conclusions and findings within such time as the 
Administrative Law Judge determines appropriate. The Administrative Law 
Judge will thereafter issue a written initial decision in the case, 
which decision will be final and binding upon the Director, except as 
provided in Sec.  401.650.

0
39. Revise Sec.  401.650 to read as follows:


Sec.  401.650  Review of Administrative Law Judge's initial decision.

    (a) The Commandant may, on their own motion, or on the basis of a 
petition filed by the United States Registered Pilot, Apprentice Pilot, 
Apprentice Pilot with Limited Registration, or Temporary Registration 
Pilot in the proceedings of the Commandant, review any initial decision 
of the Administrative Law Judge by entering a written order stating 
that they elect to review the action of the Administrative Law Judge. 
Copies of all orders for review, replies, and decisions must be served 
on all parties.
    (b) A petition for review must be in writing and must state the 
grounds upon which the petition relies. A petition for review must be 
limited to the record before the Administrative Law Judge. A hard copy 
or electronic version of such a petition for review, together with 
proof of service on all parties, must be filed with the Commandant (CL) 
within fifteen (15) days after the date of service of the initial 
decision of the Administrative Law Judge. Parties may file replies, in 
writing, to a petition for review, with proof of service on other 
parties in the same manner and number of copies as is provided for 
filing of a petition for review and within ten (10) days after the date 
the petition for review is timely filed. A reply must be limited to the 
record before the Administrative Law Judge and the petition for review.
    (c) The initial decision of an Administrative Law Judge will be 
made final;
    (1) Fifteen (15) days after the timely filing of a petition to 
review unless a reply is filed thereto, or the Commandant enters a 
written order granting the petition for review; or
    (2) Twenty (20) days after the date of service of the 
Administrative Law Judge's decision if no petition for review is filed 
and the Commandant does not elect to review on his or her own motion.
    (d) If the Commandant reviews the initial decision as provided in 
this section, they must issue a written order affirming, amending, 
overruling, or remanding the initial decision of the Administrative Law 
Judge within thirty (30) days after the date on which they take review. 
There is no other administrative remedy within the Department of 
Homeland Security.
    (e) When the Commandant has sustained an order of suspension or 
revocation of a registration, the respondent may appeal to the National 
Transportation Safety Board under 49 CFR 825.5 within ten (10) days 
after service of the Commandant decision.

0
40. Revise Sec.  401.700 to read as follows:


Sec.  401.700  Operating requirements for United States Registered 
Pilots.

    Each United States Registered Pilot must--
    (a) Provide pilotage service when dispatched by their pilotage 
pool; and
    (b) Comply with the dispatching orders of the Director under Sec.  
401.720 (b).

0
41. Amend Sec.  401.710 by revising the introductory text and 
paragraphs (a) through (c) to read as follows:

[[Page 76354]]

Sec.  401.710  Operating requirements for holders of Certificates of 
Authorization.

    Each holder of a Certificate of Authorization must--
    (a) Comply with the terms of any agreement for services by United 
States Registered Pilots on the Great Lakes between an appropriate 
agency of Canada and the Secretary, their designated agent, or the 
Director;
    (b) Coordinate on a reciprocal basis its pilotage pool operations 
with pilotage pool operations of the Canadian Government, under the 
``Memorandum of Understanding, Great Lakes Pilotage, Between The United 
States Coast Guard and The Great Lakes Pilotage Authority,'' effective 
September 19, 2013;
    (c) Provide continuous arrangements and facilities for the 
efficient dispatching of pilotage service on a first-come, first-serve 
basis to vessels that give notice of pilotage service requirements to 
the pilotage dispatch station, except Pilots are not required to board 
a vessel that does not furnish safe boarding facilities;
* * * * *

PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS

0
42. The authority citation for part 402 is revised to read as follows:

    Authority:  46 U.S.C. 2104(a), 8105, 9303, 9304; DHS Delegation 
No. 00170.1, Revision No. 01.4.

0
43. Revise Sec.  402.210 to read as follows:


Sec.  402.210  Requirements and qualifications for registration.

    Pursuant to Sec.  401.210(a)(4), each applicant for an original 
registration at the time of application and each Applicant Trainee, 
Apprentice Pilot, United States Registered Pilot, and Temporary 
Registered Pilot is required to pass a physical examination in 
accordance with subpart C of 46 CFR part 10.

0
44. Revise Sec.  402.220 to read as follows:


Sec.  402.220  Registration of Pilots.

    (a) Each Apprentice Pilot must complete the minimum number of round 
trips specified in this section prior to registration as a United 
States Registered Pilot. The round trips must be made in company with a 
United States Registered Pilot or Temporary Registered Pilot, on 
oceangoing vessels that have a gross tonnage of at least 4,000. The 
pilot association training committee, pilot association president, or 
Director may require additional round trips to demonstrate proficiency 
for a given waterway or specific port in order to ensure maritime 
safety. The minimum number of round trips listed here is not intended 
to guarantee completion of a training plan or advancement towards Full 
Registration.
    (1) If the Apprentice Pilot holds a Master endorsement, a minimum 
of five round trips are required over the waters for which registration 
is desired.
    (2) If the Apprentice Pilot holds a Chief Mate endorsement or a 
Second Mate endorsement, or holds a First-Class Pilot endorsement with 
service in the capacity of First Mate or Second Mate, a minimum of 
eight round trips are required over the waters for which registration 
is desired.
    (3) If the Apprentice Pilot holds a First-Class Pilot endorsement 
or a Third Mate endorsement, a minimum of twelve round trips are 
required over the waters for which registration is desired.
    (b) No course of instruction prescribed by a pilot association will 
be approved unless it includes the following minimum criteria:
    (1) Instruction in the maneuvering characteristics of various types 
of vessels and propulsion machinery, including the characteristics of 
direct-drive motor, geared-drive motor, turbo-electric, steam turbine 
and steam reciprocating drives. Study of maneuvering characteristics to 
include turning radius, times and distances to stop, time to back, etc.
    (2) Instruction in the effects of oceangoing vessels in restricted 
waters.
    (3) Instruction in the use of tugs, docking procedures in locks and 
piers, and transiting bridges.
    (4) Instruction in search and rescue and civil defense procedures 
as issued by the U.S. Coast Guard, Federal, State, and local port 
authorities.
    (5) Instruction in communication, security, and signal procedures 
applicable to U.S. registered and foreign vessels on the Great Lakes as 
prescribed by the U.S. Coast Guard, St. Lawrence Seaway Development 
Corporation, U.S. Corps of Army Engineers, and port authorities.
    (6) Instruction in Customs, Immigration, Quarantine, Department of 
Agriculture, and Coast Guard regulations applicable to U.S. registered 
and foreign vessels on the Great Lakes.
    (7) Instruction in the Great Lakes Pilotage Act of 1960; Great 
Lakes Pilotage Regulations; Presidential Proclamation of December 22, 
1960; and Memorandum of Understanding, Great Lakes Pilotage, Between 
The United States Coast Guard and The Great Lakes Pilotage Authority, 
effective September 19, 2013.
    (8) Instruction in miscellaneous subjects including man-overboard 
recovery (i.e., Williamson turn); collision, fire, and explosion 
procedures; and maneuvering in ice.

0
45. Revise the heading of Subpart C to read as follows:

Subpart C--Establishment of Pilotage Pools by Voluntary 
Associations of United States Registered Pilots

0
46. Revise Sec.  402.320 to read as follows:


Sec.  402.320  Working rules.

    Sections 401.320(d)(2) and (6) of this chapter require that 
voluntary associations of United States Registered Pilots authorized to 
establish pilotage pools agree to submit Working Rules for approval of 
the Director and that they will coordinate their pilotage pool 
operations with Canada on a reciprocal basis. The approved Working 
Rules of each pilot district are on file in the office of the Director 
and may request a copy of the Working Rules by emailing 
[email protected].

    Dated: August 28, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2024-19839 Filed 9-16-24; 8:45 am]
BILLING CODE 9110-04-P

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