83_FR_27045 83 FR 26933 - Amendments to the Marine Radar Observer Refresher Training Regulations

83 FR 26933 - Amendments to the Marine Radar Observer Refresher Training Regulations

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range26933-26942
FR Document2018-12502

The Coast Guard proposes to revise its merchant mariner credentialing regulations to remove obsolete portions of the radar observer requirements and harmonize the radar observer endorsement with the merchant mariner credential. Under this proposed rule, an active mariner who serves in a relevant position for 1 year in the previous 5 years using radar for navigation and collision avoidance purposes on vessels equipped with radar, or has served as a qualified instructor for a Coast Guard-approved radar course at least twice within the past 5 years, would not be required to complete a Coast Guard-approved radar refresher or re-certification course in order to renew his or her radar observer endorsement. This proposed rule would not change the existing requirements for mariners seeking an original radar observer endorsement or mariners who do not have either 1 year of relevant sea service on board radar-equipped vessels in the previous 5 years or service as a qualified instructor for a Coast Guard-approved radar course at least twice within the past 5 years. Elimination of the requirement to take a radar refresher or re-certification course every 5 years would reduce burden on affected mariners without impacting safety.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26933-26942]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10, 11, and 15

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


Amendments to the Marine Radar Observer Refresher Training 
Regulations

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise its merchant mariner 
credentialing regulations to remove obsolete portions of the radar 
observer requirements and harmonize the radar observer endorsement with 
the merchant mariner credential. Under this proposed rule, an active 
mariner who serves in a relevant position for 1 year in the previous 5 
years using radar for navigation and collision avoidance purposes on 
vessels equipped with radar, or has served as a qualified instructor 
for a Coast Guard-approved radar course at least twice within the past 
5 years, would not be required to complete a Coast Guard-approved radar 
refresher or re-certification course in order to renew his or her radar 
observer endorsement. This proposed rule would not change the existing 
requirements for mariners seeking an original radar observer 
endorsement or mariners who do not have either 1 year of relevant sea 
service on board radar-equipped vessels in the previous 5 years or 
service as a qualified instructor for a Coast Guard-approved radar 
course at least twice within the past 5 years. Elimination of the 
requirement to take a radar refresher or re-certification course every 
5 years would reduce burden on affected mariners without impacting 
safety.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 11, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0100 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking, and will consider all comments and material 
received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this proposed rule for 
alternate instructions. Documents mentioned in this proposed rule, and 
all public comments, are available in our online docket at http://www.regulations.gov, and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    We do not plan to hold a public meeting but we will consider doing 
so if public comments indicate that a meeting would be helpful. We 
would issue a separate Federal Register notice to announce the date, 
time, and location of such a meeting.

II. Abbreviations

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

III. Basis and Purpose

    The purpose of this proposed rule is to amend the radar observer 
endorsement requirements by removing obsolete portions and harmonizing 
the expiration dates of the radar observer endorsement and the merchant 
mariner credential (MMC).
    The Coast Guard is authorized to determine and establish the 
experience and professional qualifications required

[[Page 26934]]

for the issuance of officer credentials pursuant to 46 U.S.C. 7101. 
Authority under 46 U.S.C. 7101 has been delegated to the Commandant of 
the Coast Guard by Department of Homeland Security Delegation No. 
0170.1(II)(92)(e). The specifics of these professional qualifications 
and the Coast Guard's evaluation process are prescribed by 46 CFR parts 
10 and 11, and the manning requirements are in 46 CFR part 15.
    Section 304 of the Coast Guard Authorization Act of 2015 (CGAA 
2015), Public Law 114-120, February 8, 2016 (codified as a statutory 
note to 46 U.S.C. 7302), requires the harmonization of expiration dates 
of a mariner's radar observer endorsement with his or her MMC and the 
medical certificate, subject to certain exceptions.\1\ Furthermore, the 
CGAA 2015 specifies that the process to harmonize cannot require a 
mariner to renew the MMC before it expires. This proposed rule would 
meet the statutory requirement with regard to the radar observer 
endorsement. The requirement regarding the medical certificate is 
already met through policy.\2\
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    \1\ Public Law 114-120, sec. 304(c), creates an exception for 
individuals (1) holding a merchant mariner credential with--(A) an 
active Standards of Training, Certification, and Watchkeeping 
endorsement; or (B) Federal first-class pilot endorsement; or (2) 
who have been issued a time-restricted medical certificate.
    \2\ CG-MMC Policy Letter 01-18: Guidelines for Requesting 
Harmonization of Expiration Dates of Merchant Mariner Credentials 
and Mariner Medical Certificates when Applying for an Original or 
Renewal Merchant Mariner Credential. https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/MMC/CG-MMC-2%20Policies/CG-MMC%2001-18%20Harmonization.pdf?ver=2018-03-02-071916-180.
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IV. Background

    Currently, 46 CFR 11.480 requires that a mariner with a radar 
observer endorsement complete a Coast Guard-approved radar observer 
refresher or re-certification course every 5 years to maintain a valid 
radar observer endorsement on his or her MMC. The MMC is typically 
valid for a 5-year period in accordance with 46 U.S.C. 7302(f). Under 
the current regulation, the radar observer endorsement must be added to 
the MMC. However, the course completion certificate dictates the 
validity of the radar observer endorsement. This requires the mariner 
to carry the MMC and have the course completion certificate available 
in order to demonstrate compliance with the regulations. Under current 
regulation, it is not possible to harmonize the expiration dates of the 
radar course completion certificate and the MMC.
    The Coast Guard sought comments from the Merchant Marine Personnel 
Advisory Committee (MERPAC) about harmonization. In September 2015, at 
Meeting 43, MERPAC recommended that the Coast Guard review whether 
requiring a radar refresher or re-certification course for mariners 
with relevant and recent underway service on a vessel equipped with 
radar should be considered adequate experience for renewal (MERPAC 
Recommendation 2015-56).\3\ MERPAC recommended the Coast Guard consider 
the history of the radar observer endorsement, the current state of 
radar observer training and prevalence of radar, and the concept that 
knowledge and skills will degrade with time if not used or refreshed 
through training. MERPAC also recommended the Coast Guard consider 
whether the radar observer endorsement must be on the credential.
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    \3\ See Task Statement #91 from MERPAC https://homeport.uscg.mil/Lists/Content/DispForm.aspx?&ID=805&Source=https://homeport.uscg.mil/missions/ports-and-waterways/safety-advisory-committees/merpac/task-statements-2.
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    The Coast Guard first added a requirement to prove continued 
competence in radar operation every 5 years by completing a 
professional examination or completing a Coast Guard-approved course in 
1958 (23 FR 3447, May 21, 1958). As discussed in that final rule, the 
merchant mariner license endorsement ``Radar Observer'' has its roots 
in a report by the Technical Staff of the Committee on Merchant Marine 
and Fisheries to the U.S. House of Representatives concerning the S.S. 
Andrea Doria and the M.V. Stockholm collision.\4\ That report 
recommended providing adequate training for deck officers and requiring 
certification of officers such as radar observers. The International 
Maritime Organization included a requirement for radar training in its 
International Convention on the Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978, as amended (STCW) and the STCW 
Code.\5\
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    \4\ The S.S. Andrea Doria and the M.V. Stockholm collision 
occurred off Nantucket in heavy fog at approximately 10:30 p.m. on 
July 25, 1956, and resulted in multiple fatalities.
    \5\ In response to increased marine casualties because of 
untrained mariners, the Port and Tanker Safety Act of 1978 and the 
International Maritime Organization, through adoption of STCW 
resolution 18, ``Radar simulator training'' and resolution 20, 
``Training in the use of collision avoidance aids'' developed 
training standards centered on live marine radar equipment, 
including radar simulators.
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    The Coast Guard believes that the potential for accidents 
continues, and that it is important for mariners to continue to benefit 
from training to be proficient in the use of radar as both a navigation 
and collision avoidance tool. The Coast Guard also believes that radar 
is now a commonly used navigation and collision avoidance tool. Radar 
carriage requirements, both in the United States and internationally, 
have increased in the last 60 years, and the current domestic training 
requirements have been in place for the last 35 years. Currently, 
mariners on vessels outfitted with radar maintain proficiency in the 
use of radar through its constant use to navigate and prevent 
collisions. Therefore, the Coast Guard has concluded that the current 
requirement for the completion of a radar refresher or re-certification 
course for mariners with relevant and recent service in a position 
using radar for navigation and collision avoidance purposes on board 
vessels equipped with radar is not necessary. Completion of refresher 
training is unnecessarily burdensome to mariners who routinely use 
radar.
    Section 304 of the CGAA 2015 requires the harmonization of 
expiration dates of a mariner's radar observer endorsement with his or 
her MMC, and prohibits requiring a mariner to renew a credential before 
it expires. In this context, the Coast Guard believes that the MMC is 
the primary credential documenting the individual's qualifications to 
perform specific functions on board a ship, and should be the point of 
alignment when harmonizing the expiration dates of a mariner's 
endorsements.
    In looking at this requirement, the Coast Guard also considered 
Executive Order 13771 of January 30, 2017, Reducing Regulation and 
Controlling Regulatory Costs, and Office of Management and Budget (OMB) 
Guidance of April 5, 2017, on that Executive order; and Executive Order 
13777 of February 24, 2017, Enforcing the Regulatory Reform Agenda. 
These directives require agencies to review regulations in order to 
provide a reduction of regulatory costs to members of the public. 
Elimination of the requirement to take a radar refresher or re-
certification course every 5 years will eliminate an unnecessary burden 
on the active mariner and make harmonization possible.

V. Discussion of Proposed Rule

    In this proposed rule, the Coast Guard proposes to revise its 
regulations so that the mariner who serves in a relevant position on 
board a radar-equipped vessel for 1 year in the previous 5 years is not 
required to complete a Coast Guard-approved radar refresher or re-
certification course per 46 CFR 11.480 to renew their radar observer 
endorsement. The proposed

[[Page 26935]]

requirement for 1 year of sea service within the past 5 years is 
consistent with similar existing sea service requirements found in, for 
example, 46 CFR 10.227(e)(1), Requirements for Renewal of an MMC; 46 
CFR 11.302(c), Basic Training; and 46 CFR 11.303(c), Advanced 
Firefighting. For the purposes of this proposed rule, relevant sea 
service means having served in a position using radar for navigation 
and collision avoidance purposes on a radar-equipped vessel.
    Additionally, mariners who provide evidence of being a qualified 
instructor and having taught a Coast Guard-approved radar endorsement 
refresher or re-certification course at least twice within the past 5 
years would not be required to complete a radar refresher or re-
certification course. The 5-year interval is based on both national and 
STCW endorsement requirements that follow recognized principles and 
standards of maritime skill acquisition and retention. The provision to 
allow renewal of the endorsement by an instructor of the radar course 
is the same provision that currently exists under 46 CFR 
10.227(e)(1)(v) for MMC renewals. This provision would be applied to 
the radar observer endorsement.
    This proposed rule would eliminate the requirement to carry a 
certificate of training if the radar observer endorsement is on the 
MMC, and would allow the endorsement and MMC to expire at the same 
time.
    The Coast Guard did consider removing the radar refresher or re-
certification course requirement altogether. However, the Coast Guard 
believes that the competencies required by a radar observer would 
degrade if the mariner does not use them on board vessels or 
periodically refresh them by teaching or completing a course. The 
concept that knowledge and skills will degrade with time if not used or 
refreshed has been applied in other basic maritime training arenas, 
such as the STCW requirements for basic training and a firefighting 
refresher course every 5 years, and is a recognized factor within the 
education industry. While there are few specific studies in skill 
degradation in the maritime industry, this issue has been the subject 
of discussion for decades in other industries, including the aviation 
industry, which is very similar to the maritime industry.\6\ Also, 
radar continues to be incorporated into other shipboard systems and 
continues to change with advancements in technology. The radar observer 
must keep current with these changes through onboard utilization of 
skills or a formal course of instruction. As a result, the Coast Guard 
did not pursue removing refresher training altogether.
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    \6\ Michael W. Gillen, ``Degradation of Piloting Skills'' 
(Master's Thesis), University of North Dakota, Grand Forks (2008), 
assesses professional aircraft pilots' basic instrument skills in 
the age of highly automated cockpits. In addition to the specific 
findings related to the aircraft pilots, the document contains a 
literature review of applicable background studies concerning the 
general theory of learning related to skill acquisition, retention, 
and declination. The referenced literature includes a discussion of 
the inverse nature of practice and completion time--previous studies 
showed that the time required to perform a task declined at a 
decreasing rate as experience with the task increased. Results from 
some of these previous studies indicated a rapid rate of learning 
depreciation.
    Arthur Winfred, Jr., Bennett Winston, Jr., Pamela L. Stanush, 
and Theresa L. McNelly, ``Factors That Influence Skill Decay and 
Retention: A Quantitative Review and Analysis'', 11(1) Human 
Performance 57 (1998), presents a review of skill retention and 
skill decay literature about factors that influence the loss of 
trained skills or knowledge over extended periods of non-use. 
Results indicated that there is substantial skill loss after more 
than 365 days of non-use or non-practice. Physical, natural, and 
speed-based tasks--such as checklist and repetitive tasks--were less 
susceptible to skill loss than decision-making tasks that are 
cognitive, artificial, and accuracy-based. Collision avoidance and 
navigation using radar can be considered examples of the latter 
category.
    John M. O'Hara, ``The Retention of Skills Acquired Through 
Simulator-based Training'', 33(9) Ergonomics 1143 (1990), examines 
the loss of skills among two groups of merchant marine cadets that 
were tested for watchstanding skills immediately preceding and 
following a 9-month simulator-based training program. The mitigation 
of decay as a function of a retraining experience was also 
evaluated. The results indicated that watchstanding skills improved 
following training and declined over the 9-month retention interval, 
and that refresher training was effective in terms of skill loss 
mitigation for some skill areas.
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    In summary, the Coast Guard is proposing to continue to require 
attendance at a radar refresher or re-certification course for mariners 
seeking to renew a radar observer endorsement who do not have 1 year of 
relevant sea service in the previous 5 years using radar for navigation 
and collision avoidance purposes on vessels equipped with radar. As 
discussed earlier, mariners with radar observer endorsements who do 
have 1 year of relevant sea service within the previous 5 years and 
served in a position using radar for navigation and collision avoidance 
purposes on board a radar-equipped vessel, or who have met certain 
instructor requirements, would be able to renew the radar observer 
endorsement without completing a course. In addition, the radar 
observer endorsement would expire with the MMC, and the mariner with a 
radar observer endorsement would no longer be required to present a 
course completion certificate within 48 hours of the demand to do so by 
an authorized official.
    Following is a section-by-section discussion of the proposed 
changes.

46 CFR 11.480 Radar Observer

    This proposed rule would revise 46 CFR 11.480(d), (e), (f), (g), 
and (h). Pursuant to these changes, a current course completion 
certificate from a Coast Guard-approved radar refresher or re-
certification course in accordance with 46 CFR 11.480 would no longer 
be the only determinant of a mariner's continued competency as a radar 
observer.
    The proposed rule would revise 46 CFR 11.480 to apply the 
provisions of 46 CFR 10.227(e)(1)(v) to the radar observer endorsement. 
A qualified instructor who has taught a Coast Guard-approved radar 
observer course at least twice within the past 5 years would not be 
required to complete a refresher or re-certification course because he 
or she will have met the standards to receive a course completion 
certificate. During the course approval process in accordance with 46 
CFR subpart D, instructors are evaluated to determine whether they are 
qualified to teach the course; a qualified instructor does not need to 
complete a refresher or re-certification course.
    This proposed rule would allow mariners to use recent sea service 
in place of completing a radar refresher or re-certification course. 
Mariners able to provide evidence of 1 year of relevant sea service 
within the last 5 years in a position using radar for navigation and 
collision avoidance purposes on vessels equipped with radar would not 
be required to attend a course to obtain a course completion 
certificate.
    If the radar observer endorsement is on the MMC, then the radar 
observer endorsement is valid for the same period as the MMC. The 
validity of the MMC will coincide with the validity of the radar 
endorsement if the applicant provides the following information: (1) 
Evidence of 1 year of sea service within the last 5 years in a position 
using radar for navigation and collision avoidance purposes on board 
radar-equipped vessels; (2) evidence of having been a qualified 
instructor who has taught a Coast Guard-approved radar observer course 
at least twice within the past 5 years; or (3) successful completion of 
a Coast Guard-approved radar course within the past 5 years. If the 
applicant does not provide evidence of meeting the requirements for the 
radar observer endorsement, the endorsement will not be placed on the 
MMC.

[[Page 26936]]

46 CFR 15.815

    The Coast Guard proposes to revise Sec.  15.815 to eliminate the 
requirement that a person required to hold a radar endorsement must 
have his or her course completion certificate readily available. Having 
the course completion certificate available is not necessary if the MMC 
reflects a radar observer endorsement, because the radar observer 
endorsement indicates adequate training or experience demonstrated 
through one of the three methods described in this proposed rule.
    The proposed rule would revise Sec.  15.815(d) to allow the 
mariners listed in Sec.  15.815(a), (b), and (c), to sail without a 
radar observer endorsement provided that they hold, and have 
immediately available, a course completion certificate, issued within 
the last 5 years, from a Coast Guard-approved radar course. This would 
create flexibility for mariners who were not qualified for the radar 
observer endorsement at their last credential application but have 
subsequently completed a Coast Guard-approved radar course and hold a 
course completion certificate.

46 CFR 10.232

    Finally, the Coast Guard proposes to add a corresponding 
requirement to Sec.  10.232(a) so that the sea service letter indicates 
whether the vessel the mariner has served on is equipped with radar, 
and that the mariner served in a position using radar for navigation 
and collision avoidance purposes. While certain vessels are required to 
carry radar, some vessels are not required to do so, such as offshore 
supply vessels of less than 100 gross tons and mechanically propelled 
vessels of less than 1,600 gross tons in ocean or coastwise service. 
This proposed rule would ensure that mariners serving in a position 
using radar for navigation and collision avoidance purposes on vessels 
equipped with radar will get credit towards renewal of the radar 
observer endorsement, regardless of whether the vessel was required to 
carry radar.

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and promoting 
flexibility. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs), directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    This proposed rule is not designated a significant regulatory 
action by OMB under section 3(f) of Executive Order 12866. Accordingly, 
OMB has not reviewed it. OMB considers this rule to be an Executive 
Order 13771 deregulatory action. See the OMB Memorandum titled 
``Guidance Implementing Executive Order 13771, titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
    This regulatory analysis provides an evaluation of the economic 
impacts associated with this proposed rule. The Coast Guard proposes to 
revise its regulations so that the mariner who served on board a radar-
equipped vessel for 1 year in the previous 5 years, in a position using 
radar for navigation and collision avoidance purposes, is not required 
to complete a Coast Guard-approved radar refresher or re-certification 
course to renew their radar observer endorsement, as discussed in 
section V of this proposed rule. Additionally, mariners who provide 
evidence of being a qualified instructor and having taught a Coast 
Guard-approved radar endorsement refresher or re-certification course 
at least twice within the past 5 years would not be required to 
complete a radar refresher or re-certification course. Table 1 provides 
a summary of the affected population, costs, and cost savings after 
implementation of this proposed rule. The total 10-year discounted cost 
savings of the rule would be $47,678,762 and the annualized total cost 
savings would be $6,788,383, both discounted at 7 percent. We expect 
that an average of 7,037 mariners would benefit from this proposed rule 
each year. The proposed rule would result in cost savings to these 
mariners for no longer incurring the costs to complete the radar 
observer refresher course. There would be no impact to those mariners 
seeking an original radar observer endorsement or who do not have 1 
year of relevant sea service in a position using radar for navigation 
and collision avoidance purposes on board radar-equipped vessels on 
board radar-equipped vessels in the previous 5 years. This proposed 
rule would not impose costs on industry.

                                Table 1--Summary of the Impacts of Proposed Rule
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                                                           Affected
             Change                   Description         population             Costs           Cost savings
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Revise 46 CFR 11.480 (d), (e),    Revise the          Total of 35,183     No cost...........  $6,788,830
 (f), (g), and (h).                merchant mariner    mariners would no                       annualized and
                                   credentialing       longer be                               $47,678,762 10-
                                   regulations to      required to take                        year present
                                   allow mariners      radar refresher                         value monetized
                                   who are qualified   or re-                                  industry benefits
                                   instructors and     certification                           (cost savings)
                                   mariners with 1     course. Annual                          (7% discount
                                   year of sea         average of 7,037                        rate).
                                   service in the      mariners per year
                                   previous 5 years    benefit from
                                   using radar for     proposed rule
                                   navigation and      (rounded).
                                   collision
                                   avoidance
                                   purposes on radar-
                                   equipped vessels
                                   to retain their
                                   radar observer
                                   endorsement
                                   without being
                                   required to take
                                   a radar renewal
                                   or re-
                                   certification
                                   course.

[[Page 26937]]

 
Revise 46 CFR 15.815............  Remove requirement  35,183 mariners...  No cost...........  No cost savings.
                                   that a person
                                   with a radar
                                   observer
                                   endorsement must
                                   have a
                                   certificate of
                                   training readily
                                   available.
Revise 46 CFR 10.232(a)(2)......  Add requirement     35,183 mariners...  No quantifiable     No cost savings.
                                   that sea service                        cost. Cost to add
                                   letters include                         one line item to
                                   the information                         company's regular
                                   that the vessel                         update to the
                                   the mariner has                         service letter is
                                   served on is                            too small to
                                   radar equipped                          quantify.
                                   and the mariner
                                   served in a
                                   position using
                                   radar for
                                   navigation and
                                   collision
                                   avoidance
                                   purposes.
----------------------------------------------------------------------------------------------------------------

    The proposed revisions to 46 CFR 11.480 would result in cost 
savings to those mariners who no longer would have to complete the 
radar observer refresher course.
    The proposed revisions to 46 CFR 15.815 would eliminate the 
requirement that a person holding a radar endorsement must also have 
his or her course completion certificate readily available. While the 
mariner would no longer physically have to carry the certificate, the 
mariner would still have to physically carry an MMC that reflects a 
radar observer endorsement. The costs of obtaining the copy of the 
certificate are included in the cost of the completion of the course. 
Therefore, any cost savings from these revisions are included in the 
calculations of the cost savings to the revisions to 46 CFR 11.480. 
Those mariners who do not have an MMC that reflects a radar observer 
endorsement would be allowed to sail if they hold, and have immediately 
available, a course completion certificate, issued within the last 5 
years, from a Coast Guard-approved radar course. There is no impact to 
these mariners, as they currently have to carry a certificate to show 
course completion.
    The proposed revisions to 46 CFR 10.232 would add a requirement 
that the sea service letter indicate whether the mariner served on a 
vessel equipped with radar, and if the mariner served in a position 
using radar for navigation and collision avoidance purposes. The 
operating companies that use service letters are already required to 
provide mariner service information. The companies would have to add a 
line item once per vessel, and then the letter would be available for 
all other mariners serving on a radar-equipped vessel using radar for 
navigation and collision avoidance purposes. The companies generally 
produce a service letter once every 5 years to provide the employees 
the documentation necessary to renew their credentials. Because the 
cost to add one line item is a minimal burden and could be included in 
the company's regular updates to the service letter, we consider the 
proposed revisions to 46 CFR 10.232 to have no additional burden or 
cost savings to industry.
Affected Population
    We expect that this proposed rule would affect mariners with a 
radar observer endorsement and mariners who would need one in the 
future. More specifically, it would affect those mariners with at least 
1 year of sea service in the previous 5 years in a position using radar 
for navigation and collision avoidance purposes on board a radar-
equipped vessel, as they will no longer be required to complete a Coast 
Guard-approved radar refresher or re-certification course per 46 CFR 
11.480 in order to renew their radar observer endorsement. It would 
also affect mariners who have served as instructors for a Coast Guard-
approved radar course at least twice within the past 5 years, the 
majority of whom hold a valid endorsement and would be included in the 
affected population. The radar observer endorsement would expire with 
the MMC and the mariner would no longer be required to carry the course 
completion certificate so that it can be presented to the Coast Guard 
upon demand.
    We used data from the Coast Guard's Merchant Mariner Licensing and 
Documentation (MMLD) system to estimate the average number of mariners 
affected by this proposed rule. The MMLD system is used to produce MMCs 
at the National Maritime Center. Table 2 below shows the radar 
endorsement data from the MMLD system used to estimate the affected 
population. The MMLD system does not have exam data prior to 2011 for 
the mariners who took the rules of the road exam to renew an MMC.

                              Table 2--Mariners Holding Radar Observer Endorsements
----------------------------------------------------------------------------------------------------------------
                                                         Mariners who hold
                                                          a radar observer  Mariners who took     Mariners who
                          Year                              endorsement     rules of the road     benefit from
                                                           (current total   exam to renew MMC    proposed rule
                                                            population)
----------------------------------------------------------------------------------------------------------------
2011...................................................             37,612                488             37,124
2012...................................................             38,114                572             37,542
2013...................................................             37,011                638             36,373
2014...................................................             35,262                671             34,591
2015...................................................             34,280                716             33,564
2016...................................................             34,546                777             33,769
2017...................................................             34,076                755             33,321
                                                        --------------------------------------------------------
    Average Total Mariners.............................             35,843                660             35,183
                                                        --------------------------------------------------------

[[Page 26938]]

 
    Impacted per Year..................................              7,169                132              7,037
----------------------------------------------------------------------------------------------------------------

    The ``Mariners Who Hold a Radar Observer Endorsement'' column shows 
the number of unique mariners who, on January 1 of each year, held a 
valid MMC with a radar observer endorsement. Per Sec.  11.480, each 
applicant for a renewal of a radar observer endorsement must complete 
the appropriate Coast Guard-approved refresher or re-certification 
course, receive the appropriate course completion certificate, and 
present the certificate or a copy of the certificate to the Coast 
Guard. A radar observer endorsement is typically valid for 5 years from 
the date of completion of the Coast Guard-approved course. From 2011 to 
2017, there was an average of 35,843 total mariners with a valid MMC 
with a radar observer endorsement. The Coast Guard does not have more 
detailed information as to the expiration for each mariner's radar 
observer endorsement. Therefore, we divided the total mariners by 5 to 
estimate that an average of 7,169 mariners currently would need to take 
the radar renewal course each year (35,843 total mariners/5, rounded to 
nearest whole number).
    Under this proposed rule, the Coast Guard expects that a portion of 
the total mariners would not have 1 year of sea service in the last 5 
years in a position using radar for navigation and collision avoidance 
purposes on board radar-equipped vessels. There are some mariners who 
are inactive but still complete the requirements to renew an MMC. The 
requirements for the renewal of an MMC are in Sec.  10.227. In order to 
renew their credentials, mariners must present acceptable documentary 
evidence of at least 1 year of sea service during the past 5 years, or 
pass a comprehensive, open-book exercise that includes a rules of the 
road examination. Mariners who take the rules of the road exam are 
tracked in the MMLD database. The ``Mariners Who Took Rules of the Road 
Exam to Renew MMC'' column in table 3 shows the number of the unique 
mariners in the ``Mariners Who Hold a Radar Observer Endorsement 
(Current Total Population)'' column who took the rules of the road 
examination as part of the MMC renewal process for their existing valid 
MMC, not the number of mariners who took the rules of the road exam in 
that given year. Therefore, we used this as a proxy to estimate the 
number of mariners who did not have 1 year of sea service in the last 5 
years. Under this proposed rule, an average of 660 total mariners would 
still have had to take a radar refresher or re-certification course in 
order to maintain the radar observer endorsement. The Coast Guard does 
not have more detailed information as when each mariner took the radar 
refresher or re-certification course over the 5-year period. We divided 
the total mariners by 5 to find an average of 132 mariners would still 
need to take the exam each year (660 total mariners/5).
    We subtracted the number in the ``Mariners Who Took Rules of the 
Road Exam to Renew MMC'' column from the number in the ``Mariners Who 
Hold a Radar Observer Endorsement'' column to find the mariners who, 
under this proposed rule, would not have had to take a radar refresher 
or re-certification course when they last renewed their MMC. From 2011 
to 2017, there was an average of 35,183 mariners who held radar 
observer endorsements and had at least 1 year of relevant sea service 
during the past 5 years. This number represents the total number of 
mariners expected to benefit from this proposed rule. We divided the 
total number of mariners expected to benefit from this proposed rule by 
5 to find the average mariners that would benefit each year (35,183 
total mariners/5). This comes out to an average of 7,037 mariners per 
year that would no longer have to take a radar refresher or re-
certification course (rounded to nearest whole number).
Costs
    The regulatory changes in this proposed rule would not impose any 
costs to industry or government.
Cost Savings
    The cost savings to industry are the difference between the current 
baseline cost to industry and the cost to industry if the regulatory 
changes in this proposed rule are implemented.
Baseline Cost to Industry
    To estimate the cost savings to industry, we first estimated the 
current costs to industry. The costs to industry include the cost of 
the refresher or re-certification course, the time to take the course, 
and time and mileage costs to travel to take the course. The mariners 
incur costs for the radar refresher or re-certification course. To 
estimate the cost of the course, the Coast Guard researched and found a 
sample of course costs from five training centers that offer Coast 
Guard-approved radar refresher or re-certification courses. The cost of 
the courses ranged from $199 to $250. We took an average of the 5 
estimates to find the average cost of the courses is $228 (($199 + $250 
+ $225 + $225 + $243)/5, rounded to nearest 
dollar).7 8 9 10 11
---------------------------------------------------------------------------

    \7\ Maritime Professional Training, course cost of $199, found 
at http://www.mptusa.com/course/149-Radar-Observer-Recertification-Renewal.
    \8\ Compass Courses, course cost of $250, found at http://compasscourses.com/maritime-safety-training-courses/radar-re-certification/.
    \9\ The Marine Training Institute, course cost of $225, found at 
http://themarinetraininginstitute.com/ecdis-radar-recertification/.
    \10\ Calhoon MEBA Engineering School, course cost of $225, found 
at http://rro.cutwater.org/.
    \11\ Maritime Institute of Technology & Graduate Studies, course 
cost of $243, found at https://www.mitags-pmi.org/courses/view/Radar_Observer_Recertification.
---------------------------------------------------------------------------

    We then estimated the cost of the time for the mariners to take the 
refresher or re-certification course. The 5 training centers state that 
the radar renewal course is 1-day. For the purposes of complying with 
service requirements, a day is defined as 8 hours (46 CFR 10.107, 
Definitions in subchapter B).\12\ We obtained the wage rate of a 
mariner from the Bureau of Labor Statistics (BLS), using Occupational 
Series 53-5021, Captains, Mates, and Pilots of Water Vessels (May 
2016). The BLS reports that the mean hourly wage rate for a Captain, 
Mate, or Pilot is $39.19.\13\ To account for employee benefits, we used 
a load factor of 1.52, which we calculated from 2016 4th quarter BLS 
data.\14\ The loaded wage for a mariner is

[[Page 26939]]

estimated at $59.57 ($39.19 wage rate x 1.52 load factor). We 
multiplied the loaded wage rate by the hourly burden to find the 
current cost for a mariner to take the radar renewal course is $476.56 
($59.57 wage rate x 8 hour burden).
---------------------------------------------------------------------------

    \12\ 46 CFR 10.107, https://ecfr.io/Title-46/pt46.1.10#se46.1.10_1107.
    \13\ Mean wage, https://www.bls.gov/oes/2016/may/oes535021.htm.
    \14\ Employer Costs for Employee Compensation provides 
information on the employer compensation and can be found in table 9 
at https://www.bls.gov/news.release/archives/ecec_03172017.pdf. The 
loaded wage factor is equal to the total compensation of $28.15 
divided by the wages and salary of $18.53. Values for the total 
compensation, wages, and salary are for all private industry workers 
in the transportation and material moving occupations, 2016 4th 
quarter. We use 2016 data to keep estimated cost savings in 2016 
dollars.
---------------------------------------------------------------------------

    We then estimated the cost for the mariners to travel to take the 
refresher or re-certification course. The radar refresher or re-
certification course must be taken in person at a training center. This 
means the mariners incur costs for time to travel to take the course. 
We estimated mileage using travel costs assumptions from the 
Implementation of the 1995 Amendments to the International Convention 
on Standards of Training, Certification, and Watchkeeping for 
Seafarers, 1978, and Changes to National Endorsements Final Rule.\15\ 
On average, a mariner commutes 50 miles to a training course one-way, 
or 100 miles round trip. The Federal Highway Administration reports the 
average commute speed for private vehicles is 28.87 miles per hour.\16\ 
We divided the average round trip mileage to the training center by the 
average commute time to find that it takes an average of 3.46 hours for 
a mariner to travel to the training center (100 miles/28.87 miles per 
hour, rounded). We multiplied this by the loaded hourly wage rate to 
find that the hourly burden per mariner to travel to the training 
center to take the refresher or re-certification course is $206.11 
(3.46 hours x $59.57).
---------------------------------------------------------------------------

    \15\ Found at https://www.regulations.gov/docket?D=USCG-2004-17914. Non-commuting driving time estimate found on page 132 of the 
Regulatory Analysis and Final Regulatory Flexibility Analysis, 
located under Supporting Documents.
    \16\ ``Summary of Travel Trends: 2009 National Household Travel 
Survey'', table 27, found at http://nhts.ornl.gov/2009/pub/stt.pdf.
---------------------------------------------------------------------------

    The mariners also incur additional mileage costs for traveling to 
the training facility to take the 1-day course, such as gas and wear 
and tear on their vehicles. We used the U.S. General Services 
Administration privately owned vehicle mileage reimbursement rate of 
$0.54 per mile to estimate this additional cost.\17\ We multiplied this 
rate by the 100 miles round trip to the training facility to estimate 
that the mariners incur a cost of $54 per mariner for the additional 
mileage costs.
---------------------------------------------------------------------------

    \17\ Found at https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-rates/pov-mileage-rates-archived. We use the 2016 rate to keep 
all costs in 2016 dollars.
---------------------------------------------------------------------------

    Table 3 summarizes the costs per mariner to take the radar 
refresher or re-certification course. Adding the cost of the 1-day 
course, the opportunity cost of time to take the course, and the 
opportunity cost of roundtrip travel time and mileage costs to get to 
the training center, we found that it costs $964.67 per mariner to take 
the radar refresher or re-certification course.

   Table 3--Costs per Mariner for Radar Refresher or Re-Certification
                                 Course
------------------------------------------------------------------------
                        Cost category                             Cost
------------------------------------------------------------------------
1-Day Course.................................................    $228.00
Opportunity Cost of Time (8 hours) Spent in Training Facility     476.56
Opportunity Cost of Roundtrip Travel Time to Training Center.     206.11
Mileage Costs................................................      54.00
                                                              ----------
  Total......................................................     964.67
------------------------------------------------------------------------

    To find the baseline total cost for all mariners to take the radar 
refresher or re-certification course, we multiplied the total cost per 
mariner of $964.67 by the annual average mariners who currently hold 
radar observer endorsements. As shown in table 2, we found this is an 
annual average of 7,169 mariners. Therefore, the total baseline annual 
average cost for all mariners is $6,915,719 (7,169 mariners x $964.67 
per mariner, rounded).
Costs to Industry After Implementation of the Regulatory Changes 
Proposed
    Revising Sec.  11.480 so that mariners who serve on board a radar-
equipped vessel for 1 year in the previous 5 years are not required to 
take a radar refresher or re-certification course to renew their radar 
observer endorsement would reduce the number of mariners who would need 
to take the radar refresher or re-certification course. As shown in 
table 2 in the ``Affected Population'' subsection, an average of 132 
mariners would still need to take the radar refresher or re-
certification course each year. These mariners would continue to have 
the same costs per mariner shown in table 3. Multiplying the cost per 
mariner by the average mariners that would still need to take the 
course each year, we found the total annual cost to industry that would 
remain under this proposed rule would be $127,336 (132 mariners x 
$964.67 per mariner).
Cost Savings
    To find the total cost savings of this proposed rule, we subtracted 
the costs to industry after implementation of the proposed rule from 
the baseline costs. Subtracting $127,336 from $6,915,719, we found the 
total cost savings of this proposed rule would be $6,788,383. Table 4 
shows the total 10-year undiscounted industry cost savings of this 
proposed rule would be $67,883,830. The 10-year estimated discounted 
cost savings to industry would be $47,678,762, with an annualized cost 
savings of $6,788,383, using a 7-percent discount rate. Using a 
perpetual period of analysis, we estimated the total annualized cost 
savings of the proposed rule would be $5,541,343 in 2016 dollars, using 
a 7-percent discount rate.

          Table 4--Total Estimated Cost Savings of the Proposed Rule Over a 10-Year Period of Analysis
                                         [Discounted at 7 and 3 percent]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Total, discounted
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................      $6,788,383      $6,344,283      $6,590,663
2...............................................................       6,788,383       5,929,237       6,398,702
3...............................................................       6,788,383       5,541,343       6,212,332
4...............................................................       6,788,383       5,178,825       6,031,390
5...............................................................       6,788,383       4,840,023       5,855,719
6...............................................................       6,788,383       4,523,386       5,685,164
7...............................................................       6,788,383       4,227,464       5,519,577

[[Page 26940]]

 
8...............................................................       6,788,383       3,950,901       5,358,812
9...............................................................       6,788,383       3,692,431       5,202,730
10..............................................................       6,788,383       3,450,870       5,051,194
                                                                 -----------------------------------------------
    Total.......................................................      67,883,830      47,678,762      57,906,284
        Annualized..............................................  ..............       6,788,383       6,788,383
----------------------------------------------------------------------------------------------------------------

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed 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.
    This proposed rule reduces the burden on industry by removing the 
requirement to attend a radar refresher or re-certification course 
every 5 years for mariners who have 1 year of relevant sea service in 
the previous 5 years in a position using radar for navigation and 
collision avoidance purposes on board radar-equipped vessels, or for 
Coast Guard-approved radar course qualified instructors who have taught 
the class at least twice within the past 5 years. The MMC and radar 
observer endorsement is in the mariner's name and not the company's 
name, so we assume the affected mariners would receive the cost savings 
from this proposed rule. We do not have further information that any 
companies would reimburse the mariners for these costs and would 
acquire the costs savings.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule reduces the 
burden associated with mariners taking the radar refresher or re-
certification course and will not adversely affect small entities as 
defined by the Small Business Administration in 13 CFR 121.201. If you 
think that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this proposed rule would have a 
significant economic impact on it, please submit a comment to the 
docket at the address listed in the ADDRESSES section of this preamble. 
In your comment, explain why you think it qualifies and how and to what 
degree this proposed rule would economically affect it.

C. Assistance for Small Entities

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

D. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. The 
information collection associated with this proposed rule is the 
currently approved collection 1625-0040 (MMC Application).\18\ The 
proposed revisions to 46 CFR 15.815 would eliminate the requirement 
that a person holding a radar endorsement must also have his or her 
course completion certificate readily available. While the mariner 
would no longer physically have to carry the certificate, the mariner 
would still have to carry an MMC that reflects a radar observer 
endorsement. Those mariners who do not have an MMC that reflects a 
radar observer endorsement would be allowed to sail provided that they 
hold, and have immediately available, a course completion certificate, 
issued within the last 5 years, from a Coast Guard-approved radar 
refresher or re-certification course. There is no impact to these 
mariners, as they currently have to carry a certificate to show course 
completion.
---------------------------------------------------------------------------

    \18\ The full title of COI 1625-0040 is ``Application for 
Merchant Mariner Credential (MMC), Application for Medical 
Certificate, Application for Medical Certificate--Short Form, Small 
Vessel Sea Service (Optional) Form, DOT/USCG Periodic Drug Testing 
(Optional) Form, and Disclosure Statement for Narcotics, DWI/DUI, 
and/or Other Convictions (Optional) Form.''
---------------------------------------------------------------------------

    The proposed revisions to 46 CFR 10.232 would add a requirement 
that the sea service letter indicates whether the mariner served on a 
vessel equipped with radar, and if the mariner served in a position 
using radar for navigation and collision avoidance purposes. In place 
of an indication on an application or by separate certification that a 
mariner completed a Coast Guard-approved radar observer course, a 
statement would be added to the already-required sea service letter. 
The operating companies that use service letters are already required 
to provide mariner service information. The companies would have to add 
a line item once per vessel, and then the letter would be available for 
all other mariners serving on a radar-equipped vessel using radar for 
navigation and collision avoidance purposes. The companies generally 
produce a service letter once every 5 years to provide the employees 
the documentation necessary to renew their credentials. Because the 
cost to add one line item is a minimal burden and could be included in 
the company's regular updates to the service letter, we

[[Page 26941]]

consider the proposed revisions to 46 CFR 10.232 to have no additional 
burden to industry. Therefore, the proposed revisions would not change 
the burden in the currently approved collection 1625-0040.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under Executive Order 
13132 and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132. Our analysis is explained below.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 
8101 (design, construction, alteration, repair, maintenance, operation, 
equipping, personnel qualification, and manning of vessels), as well as 
the reporting of casualties and any other category in which Congress 
intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. See the Supreme Court's decision in United States v. Locke and 
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). Because this 
proposed rule involves the credentialing of mariners under 46 U.S.C. 
7101, it relates to personnel qualifications and, as a result, is 
foreclosed from regulation by the States. Therefore, because the States 
may not regulate within these categories, this proposed rule is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with federalism implications 
and preemptive effect, Executive Order 13132 specifically directs 
agencies to consult with State and local governments during the 
rulemaking process. If you believe this rule has implications for 
federalism under Executive Order 13132, please contact the person 
listed in the FOR FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211 
(Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and would 
not likely 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD (COMDTINST M16475.1D), which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. A 
preliminary (draft) Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under the ``Public Participation and Request for Comments'' 
section of this preamble. This proposed rule would be categorically 
excluded under categorical exclusion (CATEX) numbers L52, L56, L57, and 
L62 of DHS Directive 023-01(series). As such, CATEX L52 pertains to 
regulations concerning vessel operation safety standards, CATEX L56 
pertains to regulations concerning the training, qualifying, and 
licensing of maritime personnel, CATEX L57 pertains to regulations 
concerning manning of vessels, and CATEX L62 pertains to regulations in 
aid of navigation. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

[[Page 26942]]

List of Subjects

46 CFR Part 10

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

46 CFR Part 11

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 10, 11, and 15 as follows:

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

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter 
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive 
Order 10173; Department of Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  10.232 by redesignating paragraphs (a)(2)(vii) through 
(a)(2)(x) as paragraphs (a)(2)(viii) through (a)(2)(xi), respectively 
and add new paragraph (a)(2)(vii) to read as follows:


Sec.  10.232  Sea service.

    (a) * * *
    (2) * * *
    (vii) For those seeking to renew a radar observer endorsement, 
whether the vessel is equipped with radar and if the mariner served in 
a position using radar for navigation and collision avoidance purposes.
* * * * *

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

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

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 
and 70105; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 11.107 is also issued under the 
authority of 44 U.S.C. 3507.

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


Sec.  11.480   Radar observer.

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

PART 15--MANNING REQUIREMENTS

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

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

0
2. Amend Sec.  15.815 by revising paragraph (d) and removing paragraph 
(e) to read as follows:


Sec.  15.815  Radar observers.

* * * * *
    (d) In the event that a person described in paragraphs (a), (b), or 
(c) of this section does not hold an endorsement as radar observer, he 
or she must have immediately available a valid course completion 
certificate from a Coast Guard-approved radar course.

Jeffrey G. Lantz,
Director, Office of Commercial Regulations and Standards.
[FR Doc. 2018-12502 Filed 6-8-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                            26933

                                                 described in paragraph (a)(2) of this                   past 5 years, would not be required to                 this rulemaking, indicate the specific
                                                 section.                                                complete a Coast Guard-approved radar                  section of this document to which each
                                                    (2) The significant new use is:                      refresher or re-certification course in                comment applies, and provide a reason
                                                 Manufacturing (including importing) or                  order to renew his or her radar observer               for each suggestion or recommendation.
                                                 processing for any of the following uses:               endorsement. This proposed rule would                     We encourage you to submit
                                                    (i) Arc chutes;                                      not change the existing requirements for               comments through the Federal
                                                    (ii) Beater-add gaskets;                             mariners seeking an original radar                     eRulemaking Portal at http://
                                                    (iii) Extruded sealant tape and other                observer endorsement or mariners who                   www.regulations.gov. If your material
                                                 tape;                                                   do not have either 1 year of relevant sea              cannot be submitted using http://
                                                    (iv) Filler for acetylene cylinders;                 service on board radar-equipped vessels                www.regulations.gov, contact the person
                                                    (v) High grade electrical paper;                     in the previous 5 years or service as a                in the FOR FURTHER INFORMATION
                                                    (vi) Millboard;                                      qualified instructor for a Coast Guard-                CONTACT section of this proposed rule
                                                    (vii) Missile liner;                                 approved radar course at least twice                   for alternate instructions. Documents
                                                    (viii) Adhesives, sealants, roof and                 within the past 5 years. Elimination of                mentioned in this proposed rule, and all
                                                 non-roof coatings;                                      the requirement to take a radar refresher              public comments, are available in our
                                                    (ix) Pipeline wrap;                                  or re-certification course every 5 years               online docket at http://
                                                    (x) Reinforced plastics;                             would reduce burden on affected                        www.regulations.gov, and can be viewed
                                                    (xi) Roofing felt;                                   mariners without impacting safety.                     by following that website’s instructions.
                                                    (xii) Separators in fuel cells and                   DATES: Comments and related material                   Additionally, if you go to the online
                                                 batteries;                                              must be received by the Coast Guard on                 docket and sign up for email alerts, you
                                                    (xiii) Vinyl-asbestos floor tile; or                 or before July 11, 2018.                               will be notified when comments are
                                                    (xiv) Other building products (other                 ADDRESSES: You may submit comments                     posted or a final rule is published.
                                                 than cement products).                                  identified by docket number USCG–                         We accept anonymous comments. All
                                                    (b) Specific requirements. (1) Section               2018–0100 using the Federal                            comments received will be posted
                                                 721.45(f) does not apply to this section.               eRulemaking Portal at http://                          without change to http://
                                                 A person who intends to manufacture                     www.regulations.gov. See the ‘‘Public                  www.regulations.gov and will include
                                                 (including import) or process the                       Participation and Request for                          any personal information you have
                                                 substance identified in paragraph (a)(1)                Comments’’ portion of the                              provided. For more about privacy and
                                                 of this section for the significant new                 SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                the docket, visit http://
                                                 use identified in (a)(2) of this section as             further instructions on submitting                     www.regulations.gov/privacyNotice.
                                                 part of an article is subject to the                                                                              We do not plan to hold a public
                                                                                                         comments.
                                                 notification provisions of § 721.25.                                                                           meeting but we will consider doing so
                                                    (2) [Reserved]                                       FOR FURTHER INFORMATION CONTACT: For                   if public comments indicate that a
                                                                                                         information about this document call or                meeting would be helpful. We would
                                                 [FR Doc. 2018–12513 Filed 6–8–18; 8:45 am]
                                                                                                         email Mr. Davis Breyer, Coast Guard;                   issue a separate Federal Register notice
                                                 BILLING CODE 6560–50–P
                                                                                                         telephone 202–372–1445, email                          to announce the date, time, and location
                                                                                                         davis.j.breyer@uscg.mil.                               of such a meeting.
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                 DEPARTMENT OF HOMELAND                                                                                         II. Abbreviations
                                                 SECURITY                                                Table of Contents for Preamble
                                                                                                                                                                BLS Bureau of Labor Statistics
                                                                                                         I. Public Participation and Request for                CFR Code of Federal Regulations
                                                 Coast Guard                                                   Comments                                         CGAA 2015 Coast Guard Authorization Act
                                                                                                         II. Abbreviations                                        of 2015
                                                 46 CFR Parts 10, 11, and 15                             III. Basis and Purpose                                 DHS Department of Homeland Security
                                                                                                         IV. Background                                         FR Federal Register
                                                 [Docket No. USCG–2018–0100]
                                                                                                         V. Discussion of Proposed Rule                         MERPAC Merchant Marine Personnel
                                                 RIN 1625–AC46                                           VI. Regulatory Analyses                                  Advisory Committee
                                                                                                            A. Regulatory Planning and Review                   MMLD Merchant Mariner Licensing and
                                                 Amendments to the Marine Radar                             B. Small Entities                                     Documentation
                                                 Observer Refresher Training                                C. Assistance for Small Entities                    MMC Merchant Mariner Credential
                                                 Regulations                                                D. Collection of Information                        OMB Office of Management and Budget
                                                                                                            E. Federalism                                       § Section
                                                 AGENCY:   Coast Guard, DHS.                                F. Unfunded Mandates Reform Act                     STCW International Convention on the
                                                                                                            G. Taking of Private Property                         Standards of Training, Certification and
                                                 ACTION:   Notice of proposed rulemaking.                                                                         Watchkeeping for Seafarers, 1978, as
                                                                                                            H. Civil Justice Reform
                                                                                                            I. Protection of Children                             amended
                                                 SUMMARY:   The Coast Guard proposes to
                                                                                                            J. Indian Tribal Governments                        STCW Code Seafarers’ Training,
                                                 revise its merchant mariner                                K. Energy Effects                                     Certification and Watchkeeping Code
                                                 credentialing regulations to remove                        L. Technical Standards                              U.S.C. United States Code
                                                 obsolete portions of the radar observer                    M. Environment
                                                 requirements and harmonize the radar                                                                           III. Basis and Purpose
                                                 observer endorsement with the                           I. Public Participation and Request for                   The purpose of this proposed rule is
                                                 merchant mariner credential. Under this                 Comments                                               to amend the radar observer
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                                                 proposed rule, an active mariner who                       The Coast Guard views public                        endorsement requirements by removing
                                                 serves in a relevant position for 1 year                participation as essential to effective                obsolete portions and harmonizing the
                                                 in the previous 5 years using radar for                 rulemaking, and will consider all                      expiration dates of the radar observer
                                                 navigation and collision avoidance                      comments and material received during                  endorsement and the merchant mariner
                                                 purposes on vessels equipped with                       the comment period. Your comment can                   credential (MMC).
                                                 radar, or has served as a qualified                     help shape the outcome of this                            The Coast Guard is authorized to
                                                 instructor for a Coast Guard-approved                   rulemaking. If you submit a comment,                   determine and establish the experience
                                                 radar course at least twice within the                  please include the docket number for                   and professional qualifications required


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                                                 26934                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 for the issuance of officer credentials                    The Coast Guard sought comments                     navigation and collision avoidance tool.
                                                 pursuant to 46 U.S.C. 7101. Authority                   from the Merchant Marine Personnel                     The Coast Guard also believes that radar
                                                 under 46 U.S.C. 7101 has been                           Advisory Committee (MERPAC) about                      is now a commonly used navigation and
                                                 delegated to the Commandant of the                      harmonization. In September 2015, at                   collision avoidance tool. Radar carriage
                                                 Coast Guard by Department of                            Meeting 43, MERPAC recommended                         requirements, both in the United States
                                                 Homeland Security Delegation No.                        that the Coast Guard review whether                    and internationally, have increased in
                                                 0170.1(II)(92)(e). The specifics of these               requiring a radar refresher or re-                     the last 60 years, and the current
                                                 professional qualifications and the Coast               certification course for mariners with                 domestic training requirements have
                                                 Guard’s evaluation process are                          relevant and recent underway service on                been in place for the last 35 years.
                                                 prescribed by 46 CFR parts 10 and 11,                   a vessel equipped with radar should be                 Currently, mariners on vessels outfitted
                                                 and the manning requirements are in 46                  considered adequate experience for                     with radar maintain proficiency in the
                                                 CFR part 15.                                            renewal (MERPAC Recommendation                         use of radar through its constant use to
                                                   Section 304 of the Coast Guard                        2015–56).3 MERPAC recommended the                      navigate and prevent collisions.
                                                 Authorization Act of 2015 (CGAA 2015),                  Coast Guard consider the history of the                Therefore, the Coast Guard has
                                                 Public Law 114–120, February 8, 2016                    radar observer endorsement, the current                concluded that the current requirement
                                                 (codified as a statutory note to 46 U.S.C.              state of radar observer training and                   for the completion of a radar refresher
                                                 7302), requires the harmonization of                    prevalence of radar, and the concept                   or re-certification course for mariners
                                                 expiration dates of a mariner’s radar                   that knowledge and skills will degrade                 with relevant and recent service in a
                                                 observer endorsement with his or her                    with time if not used or refreshed                     position using radar for navigation and
                                                 MMC and the medical certificate,                        through training. MERPAC also                          collision avoidance purposes on board
                                                 subject to certain exceptions.1                         recommended the Coast Guard consider                   vessels equipped with radar is not
                                                 Furthermore, the CGAA 2015 specifies                    whether the radar observer endorsement                 necessary. Completion of refresher
                                                 that the process to harmonize cannot                    must be on the credential.                             training is unnecessarily burdensome to
                                                 require a mariner to renew the MMC                         The Coast Guard first added a                       mariners who routinely use radar.
                                                 before it expires. This proposed rule                   requirement to prove continued                            Section 304 of the CGAA 2015
                                                 would meet the statutory requirement                    competence in radar operation every 5                  requires the harmonization of expiration
                                                 with regard to the radar observer                       years by completing a professional                     dates of a mariner’s radar observer
                                                 endorsement. The requirement                            examination or completing a Coast                      endorsement with his or her MMC, and
                                                 regarding the medical certificate is                    Guard-approved course in 1958 (23 FR                   prohibits requiring a mariner to renew
                                                 already met through policy.2                            3447, May 21, 1958). As discussed in                   a credential before it expires. In this
                                                                                                         that final rule, the merchant mariner                  context, the Coast Guard believes that
                                                 IV. Background                                          license endorsement ‘‘Radar Observer’’                 the MMC is the primary credential
                                                    Currently, 46 CFR 11.480 requires that               has its roots in a report by the Technical             documenting the individual’s
                                                 a mariner with a radar observer                         Staff of the Committee on Merchant                     qualifications to perform specific
                                                 endorsement complete a Coast Guard-                     Marine and Fisheries to the U.S. House                 functions on board a ship, and should
                                                 approved radar observer refresher or re-                of Representatives concerning the S.S.                 be the point of alignment when
                                                 certification course every 5 years to                   Andrea Doria and the M.V. Stockholm                    harmonizing the expiration dates of a
                                                 maintain a valid radar observer                         collision.4 That report recommended                    mariner’s endorsements.
                                                                                                         providing adequate training for deck                      In looking at this requirement, the
                                                 endorsement on his or her MMC. The
                                                                                                         officers and requiring certification of                Coast Guard also considered Executive
                                                 MMC is typically valid for a 5-year
                                                                                                         officers such as radar observers. The                  Order 13771 of January 30, 2017,
                                                 period in accordance with 46 U.S.C.                                                                            Reducing Regulation and Controlling
                                                                                                         International Maritime Organization
                                                 7302(f). Under the current regulation,                                                                         Regulatory Costs, and Office of
                                                                                                         included a requirement for radar
                                                 the radar observer endorsement must be                                                                         Management and Budget (OMB)
                                                                                                         training in its International Convention
                                                 added to the MMC. However, the course                                                                          Guidance of April 5, 2017, on that
                                                                                                         on the Standards of Training,
                                                 completion certificate dictates the                                                                            Executive order; and Executive Order
                                                                                                         Certification and Watchkeeping for
                                                 validity of the radar observer                                                                                 13777 of February 24, 2017, Enforcing
                                                                                                         Seafarers, 1978, as amended (STCW)
                                                 endorsement. This requires the mariner                                                                         the Regulatory Reform Agenda. These
                                                                                                         and the STCW Code.5
                                                 to carry the MMC and have the course                                                                           directives require agencies to review
                                                                                                            The Coast Guard believes that the
                                                 completion certificate available in order                                                                      regulations in order to provide a
                                                                                                         potential for accidents continues, and
                                                 to demonstrate compliance with the                                                                             reduction of regulatory costs to
                                                                                                         that it is important for mariners to
                                                 regulations. Under current regulation, it                                                                      members of the public. Elimination of
                                                                                                         continue to benefit from training to be
                                                 is not possible to harmonize the                                                                               the requirement to take a radar refresher
                                                                                                         proficient in the use of radar as both a
                                                 expiration dates of the radar course                                                                           or re-certification course every 5 years
                                                 completion certificate and the MMC.                        3 See Task Statement #91 from MERPAC https://       will eliminate an unnecessary burden
                                                                                                         homeport.uscg.mil/Lists/Content/DispForm.aspx?         on the active mariner and make
                                                   1 Public Law 114–120, sec. 304(c), creates an         &ID=805&Source=https://homeport.uscg.mil/
                                                                                                         missions/ports-and-waterways/safety-advisory-
                                                                                                                                                                harmonization possible.
                                                 exception for individuals (1) holding a merchant
                                                 mariner credential with—(A) an active Standards of      committees/merpac/task-statements-2.                   V. Discussion of Proposed Rule
                                                 Training, Certification, and Watchkeeping                  4 The S.S. Andrea Doria and the M.V. Stockholm

                                                 endorsement; or (B) Federal first-class pilot           collision occurred off Nantucket in heavy fog at          In this proposed rule, the Coast Guard
                                                 endorsement; or (2) who have been issued a time-        approximately 10:30 p.m. on July 25, 1956, and         proposes to revise its regulations so that
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                                                 restricted medical certificate.                         resulted in multiple fatalities.                       the mariner who serves in a relevant
                                                   2 CG–MMC Policy Letter 01–18: Guidelines for             5 In response to increased marine casualties

                                                 Requesting Harmonization of Expiration Dates of         because of untrained mariners, the Port and Tanker
                                                                                                                                                                position on board a radar-equipped
                                                 Merchant Mariner Credentials and Mariner Medical        Safety Act of 1978 and the International Maritime      vessel for 1 year in the previous 5 years
                                                 Certificates when Applying for an Original or           Organization, through adoption of STCW resolution      is not required to complete a Coast
                                                 Renewal Merchant Mariner Credential. https://           18, ‘‘Radar simulator training’’ and resolution 20,    Guard-approved radar refresher or re-
                                                 www.dco.uscg.mil/Portals/9/DCO%20Documents/             ‘‘Training in the use of collision avoidance aids’’
                                                 5p/5ps/MMC/CG-MMC-2%20Policies/CG-                      developed training standards centered on live
                                                                                                                                                                certification course per 46 CFR 11.480
                                                 MMC%2001-18%20Harmonization.pdf?ver=2018-               marine radar equipment, including radar                to renew their radar observer
                                                 03-02-071916-180.                                       simulators.                                            endorsement. The proposed


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                                                                            Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                              26935

                                                 requirement for 1 year of sea service                    continues to be incorporated into other                   of the demand to do so by an authorized
                                                 within the past 5 years is consistent                    shipboard systems and continues to                        official.
                                                 with similar existing sea service                        change with advancements in                                 Following is a section-by-section
                                                 requirements found in, for example, 46                   technology. The radar observer must                       discussion of the proposed changes.
                                                 CFR 10.227(e)(1), Requirements for                       keep current with these changes through
                                                 Renewal of an MMC; 46 CFR 11.302(c),                     onboard utilization of skills or a formal                 46 CFR 11.480    Radar Observer
                                                 Basic Training; and 46 CFR 11.303(c),                    course of instruction. As a result, the
                                                                                                                                                                       This proposed rule would revise 46
                                                 Advanced Firefighting. For the purposes                  Coast Guard did not pursue removing
                                                                                                                                                                    CFR 11.480(d), (e), (f), (g), and (h).
                                                 of this proposed rule, relevant sea                      refresher training altogether.
                                                                                                             In summary, the Coast Guard is                         Pursuant to these changes, a current
                                                 service means having served in a
                                                                                                          proposing to continue to require                          course completion certificate from a
                                                 position using radar for navigation and
                                                                                                          attendance at a radar refresher or re-                    Coast Guard-approved radar refresher or
                                                 collision avoidance purposes on a radar-
                                                                                                          certification course for mariners seeking                 re-certification course in accordance
                                                 equipped vessel.
                                                    Additionally, mariners who provide                    to renew a radar observer endorsement                     with 46 CFR 11.480 would no longer be
                                                 evidence of being a qualified instructor                 who do not have 1 year of relevant sea                    the only determinant of a mariner’s
                                                 and having taught a Coast Guard-                         service in the previous 5 years using                     continued competency as a radar
                                                 approved radar endorsement refresher                     radar for navigation and collision                        observer.
                                                 or re-certification course at least twice                avoidance purposes on vessels equipped                       The proposed rule would revise 46
                                                 within the past 5 years would not be                     with radar. As discussed earlier,                         CFR 11.480 to apply the provisions of
                                                 required to complete a radar refresher or                mariners with radar observer                              46 CFR 10.227(e)(1)(v) to the radar
                                                 re-certification course. The 5-year                      endorsements who do have 1 year of                        observer endorsement. A qualified
                                                 interval is based on both national and                   relevant sea service within the previous                  instructor who has taught a Coast
                                                 STCW endorsement requirements that                       5 years and served in a position using                    Guard-approved radar observer course
                                                 follow recognized principles and                         radar for navigation and collision                        at least twice within the past 5 years
                                                 standards of maritime skill acquisition                  avoidance purposes on board a radar-                      would not be required to complete a
                                                 and retention. The provision to allow                    equipped vessel, or who have met                          refresher or re-certification course
                                                 renewal of the endorsement by an                         certain instructor requirements, would                    because he or she will have met the
                                                 instructor of the radar course is the                    be able to renew the radar observer                       standards to receive a course
                                                 same provision that currently exists                     endorsement without completing a                          completion certificate. During the
                                                 under 46 CFR 10.227(e)(1)(v) for MMC                     course. In addition, the radar observer                   course approval process in accordance
                                                 renewals. This provision would be                        endorsement would expire with the                         with 46 CFR subpart D, instructors are
                                                 applied to the radar observer                            MMC, and the mariner with a radar                         evaluated to determine whether they are
                                                 endorsement.                                             observer endorsement would no longer                      qualified to teach the course; a qualified
                                                    This proposed rule would eliminate                    be required to present a course                           instructor does not need to complete a
                                                 the requirement to carry a certificate of                completion certificate within 48 hours                    refresher or re-certification course.
                                                 training if the radar observer                                                                                        This proposed rule would allow
                                                 endorsement is on the MMC, and would                     document contains a literature review of applicable       mariners to use recent sea service in
                                                 allow the endorsement and MMC to                         background studies concerning the general theory          place of completing a radar refresher or
                                                 expire at the same time.                                 of learning related to skill acquisition, retention,
                                                                                                          and declination. The referenced literature includes       re-certification course. Mariners able to
                                                    The Coast Guard did consider
                                                                                                          a discussion of the inverse nature of practice and        provide evidence of 1 year of relevant
                                                 removing the radar refresher or re-
                                                 certification course requirement
                                                                                                          completion time—previous studies showed that the          sea service within the last 5 years in a
                                                                                                          time required to perform a task declined at a             position using radar for navigation and
                                                 altogether. However, the Coast Guard                     decreasing rate as experience with the task
                                                 believes that the competencies required                  increased. Results from some of these previous            collision avoidance purposes on vessels
                                                 by a radar observer would degrade if the                 studies indicated a rapid rate of learning                equipped with radar would not be
                                                 mariner does not use them on board
                                                                                                          depreciation.                                             required to attend a course to obtain a
                                                                                                             Arthur Winfred, Jr., Bennett Winston, Jr., Pamela      course completion certificate.
                                                 vessels or periodically refresh them by                  L. Stanush, and Theresa L. McNelly, ‘‘Factors That
                                                 teaching or completing a course. The                     Influence Skill Decay and Retention: A Quantitative          If the radar observer endorsement is
                                                 concept that knowledge and skills will                   Review and Analysis’’, 11(1) Human Performance            on the MMC, then the radar observer
                                                                                                          57 (1998), presents a review of skill retention and       endorsement is valid for the same
                                                 degrade with time if not used or                         skill decay literature about factors that influence the
                                                 refreshed has been applied in other                      loss of trained skills or knowledge over extended         period as the MMC. The validity of the
                                                 basic maritime training arenas, such as                  periods of non-use. Results indicated that there is       MMC will coincide with the validity of
                                                 the STCW requirements for basic                          substantial skill loss after more than 365 days of        the radar endorsement if the applicant
                                                                                                          non-use or non-practice. Physical, natural, and           provides the following information: (1)
                                                 training and a firefighting refresher                    speed-based tasks—such as checklist and repetitive
                                                 course every 5 years, and is a recognized                tasks—were less susceptible to skill loss than            Evidence of 1 year of sea service within
                                                 factor within the education industry.                    decision-making tasks that are cognitive, artificial,     the last 5 years in a position using radar
                                                 While there are few specific studies in                  and accuracy-based. Collision avoidance and               for navigation and collision avoidance
                                                                                                          navigation using radar can be considered examples         purposes on board radar-equipped
                                                 skill degradation in the maritime                        of the latter category.
                                                 industry, this issue has been the subject                   John M. O’Hara, ‘‘The Retention of Skills
                                                                                                                                                                    vessels; (2) evidence of having been a
                                                 of discussion for decades in other                       Acquired Through Simulator-based Training’’, 33(9)        qualified instructor who has taught a
                                                 industries, including the aviation                       Ergonomics 1143 (1990), examines the loss of skills       Coast Guard-approved radar observer
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                                                 industry, which is very similar to the                   among two groups of merchant marine cadets that           course at least twice within the past 5
                                                                                                          were tested for watchstanding skills immediately
                                                 maritime industry.6 Also, radar                          preceding and following a 9-month simulator-based
                                                                                                                                                                    years; or (3) successful completion of a
                                                                                                          training program. The mitigation of decay as a            Coast Guard-approved radar course
                                                   6 Michael W. Gillen, ‘‘Degradation of Piloting         function of a retraining experience was also              within the past 5 years. If the applicant
                                                 Skills’’ (Master’s Thesis), University of North          evaluated. The results indicated that watchstanding       does not provide evidence of meeting
                                                 Dakota, Grand Forks (2008), assesses professional        skills improved following training and declined
                                                 aircraft pilots’ basic instrument skills in the age of   over the 9-month retention interval, and that
                                                                                                                                                                    the requirements for the radar observer
                                                 highly automated cockpits. In addition to the            refresher training was effective in terms of skill loss   endorsement, the endorsement will not
                                                 specific findings related to the aircraft pilots, the    mitigation for some skill areas.                          be placed on the MMC.


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                                                 26936                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 46 CFR 15.815                                             collision avoidance purposes on vessels                     titled ‘Reducing Regulation and
                                                   The Coast Guard proposes to revise                      equipped with radar will get credit                         Controlling Regulatory Costs’ ’’ (April 5,
                                                 § 15.815 to eliminate the requirement                     towards renewal of the radar observer                       2017).
                                                                                                           endorsement, regardless of whether the                         This regulatory analysis provides an
                                                 that a person required to hold a radar
                                                                                                           vessel was required to carry radar.                         evaluation of the economic impacts
                                                 endorsement must have his or her
                                                 course completion certificate readily                     VI. Regulatory Analyses                                     associated with this proposed rule. The
                                                 available. Having the course completion                     We developed this proposed rule after                     Coast Guard proposes to revise its
                                                 certificate available is not necessary if                 considering numerous statutes and                           regulations so that the mariner who
                                                 the MMC reflects a radar observer                         Executive orders related to rulemaking.                     served on board a radar-equipped vessel
                                                 endorsement, because the radar observer                   A summary of our analyses based on                          for 1 year in the previous 5 years, in a
                                                 endorsement indicates adequate training                   these statutes or Executive orders                          position using radar for navigation and
                                                 or experience demonstrated through one                    follows.                                                    collision avoidance purposes, is not
                                                 of the three methods described in this                                                                                required to complete a Coast Guard-
                                                 proposed rule.                                            A. Regulatory Planning and Review                           approved radar refresher or re-
                                                   The proposed rule would revise                             Executive Orders 12866 (Regulatory                       certification course to renew their radar
                                                 § 15.815(d) to allow the mariners listed                  Planning and Review) and 13563                              observer endorsement, as discussed in
                                                 in § 15.815(a), (b), and (c), to sail                     (Improving Regulation and Regulatory                        section V of this proposed rule.
                                                 without a radar observer endorsement                      Review) direct agencies to assess the                       Additionally, mariners who provide
                                                 provided that they hold, and have                         costs and benefits of available regulatory                  evidence of being a qualified instructor
                                                 immediately available, a course                           alternatives and, if regulation is                          and having taught a Coast Guard-
                                                 completion certificate, issued within the                 necessary, to select regulatory                             approved radar endorsement refresher
                                                 last 5 years, from a Coast Guard-                         approaches that maximize net benefits                       or re-certification course at least twice
                                                 approved radar course. This would                         (including potential economic,                              within the past 5 years would not be
                                                 create flexibility for mariners who were                  environmental, public health and safety                     required to complete a radar refresher or
                                                 not qualified for the radar observer                      effects, distributive impacts, and                          re-certification course. Table 1 provides
                                                 endorsement at their last credential                      equity). Executive Order 13563                              a summary of the affected population,
                                                 application but have subsequently                         emphasizes the importance of                                costs, and cost savings after
                                                 completed a Coast Guard-approved                          quantifying both costs and benefits, of                     implementation of this proposed rule.
                                                 radar course and hold a course                            reducing costs, of harmonizing rules,                       The total 10-year discounted cost
                                                 completion certificate.                                   and promoting flexibility. Executive                        savings of the rule would be
                                                                                                           Order 13771 (Reducing Regulation and                        $47,678,762 and the annualized total
                                                 46 CFR 10.232                                                                                                         cost savings would be $6,788,383, both
                                                                                                           Controlling Regulatory Costs), directs
                                                   Finally, the Coast Guard proposes to                    agencies to reduce regulation and                           discounted at 7 percent. We expect that
                                                 add a corresponding requirement to                        control regulatory costs and provides                       an average of 7,037 mariners would
                                                 § 10.232(a) so that the sea service letter                that ‘‘for every one new regulation                         benefit from this proposed rule each
                                                 indicates whether the vessel the mariner                  issued, at least two prior regulations be                   year. The proposed rule would result in
                                                 has served on is equipped with radar,                     identified for elimination, and that the                    cost savings to these mariners for no
                                                 and that the mariner served in a                          cost of planned regulations be prudently                    longer incurring the costs to complete
                                                 position using radar for navigation and                   managed and controlled through a                            the radar observer refresher course.
                                                 collision avoidance purposes. While                       budgeting process.’’                                        There would be no impact to those
                                                 certain vessels are required to carry                        This proposed rule is not designated                     mariners seeking an original radar
                                                 radar, some vessels are not required to                   a significant regulatory action by OMB                      observer endorsement or who do not
                                                 do so, such as offshore supply vessels of                 under section 3(f) of Executive Order                       have 1 year of relevant sea service in a
                                                 less than 100 gross tons and                              12866. Accordingly, OMB has not                             position using radar for navigation and
                                                 mechanically propelled vessels of less                    reviewed it. OMB considers this rule to                     collision avoidance purposes on board
                                                 than 1,600 gross tons in ocean or                         be an Executive Order 13771                                 radar-equipped vessels on board radar-
                                                 coastwise service. This proposed rule                     deregulatory action. See the OMB                            equipped vessels in the previous 5
                                                 would ensure that mariners serving in a                   Memorandum titled ‘‘Guidance                                years. This proposed rule would not
                                                 position using radar for navigation and                   Implementing Executive Order 13771,                         impose costs on industry.
                                                                                            TABLE 1—SUMMARY OF THE IMPACTS OF PROPOSED RULE
                                                            Change                           Description                   Affected population                           Costs                                 Cost savings

                                                 Revise 46 CFR 11.480 (d), (e),   Revise the merchant mariner       Total of 35,183 mariners would     No cost .....................................   $6,788,830 annualized and
                                                   (f), (g), and (h).              credentialing regulations to       no longer be required to take                                                      $47,678,762 10-year present
                                                                                   allow mariners who are             radar refresher or re-certifi-                                                     value monetized industry
                                                                                   qualified   instructors   and      cation course. Annual aver-                                                        benefits (cost savings) (7%
                                                                                   mariners with 1 year of sea        age of 7,037 mariners per                                                          discount rate).
                                                                                   service in the previous 5          year benefit from proposed
                                                                                   years using radar for naviga-      rule (rounded).
                                                                                   tion and collision avoidance
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                                                                                   purposes on radar-equipped
                                                                                   vessels to retain their radar
                                                                                   observer endorsement with-
                                                                                   out being required to take a
                                                                                   radar renewal or re-certifi-
                                                                                   cation course.




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                                                                                  Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                                                                               26937

                                                                                              TABLE 1—SUMMARY OF THE IMPACTS OF PROPOSED RULE—Continued
                                                              Change                                        Description                               Affected population                                   Costs                                 Cost savings

                                                 Revise 46 CFR 15.815 ............           Remove requirement that a                       35,183 mariners .......................      No cost .....................................   No cost savings.
                                                                                               person with a radar observer
                                                                                               endorsement must have a
                                                                                               certificate of training readily
                                                                                               available.
                                                 Revise 46 CFR 10.232(a)(2) ...              Add requirement that sea serv-                  35,183 mariners .......................      No quantifiable cost. Cost to                   No cost savings.
                                                                                               ice letters include the infor-                                                              add one line item to com-
                                                                                               mation that the vessel the                                                                  pany’s regular update to the
                                                                                               mariner has served on is                                                                    service letter is too small to
                                                                                               radar equipped and the mar-                                                                 quantify.
                                                                                               iner served in a position
                                                                                               using radar for navigation
                                                                                               and collision avoidance pur-
                                                                                               poses.



                                                    The proposed revisions to 46 CFR                                         the mariner served on a vessel equipped                                      radar-equipped vessel, as they will no
                                                 11.480 would result in cost savings to                                      with radar, and if the mariner served in                                     longer be required to complete a Coast
                                                 those mariners who no longer would                                          a position using radar for navigation and                                    Guard-approved radar refresher or re-
                                                 have to complete the radar observer                                         collision avoidance purposes. The                                            certification course per 46 CFR 11.480
                                                 refresher course.                                                           operating companies that use service                                         in order to renew their radar observer
                                                    The proposed revisions to 46 CFR                                         letters are already required to provide                                      endorsement. It would also affect
                                                 15.815 would eliminate the requirement                                      mariner service information. The                                             mariners who have served as instructors
                                                 that a person holding a radar                                               companies would have to add a line                                           for a Coast Guard-approved radar course
                                                 endorsement must also have his or her                                       item once per vessel, and then the letter                                    at least twice within the past 5 years,
                                                 course completion certificate readily                                       would be available for all other mariners
                                                                                                                                                                                                          the majority of whom hold a valid
                                                 available. While the mariner would no                                       serving on a radar-equipped vessel
                                                 longer physically have to carry the                                                                                                                      endorsement and would be included in
                                                                                                                             using radar for navigation and collision
                                                 certificate, the mariner would still have                                   avoidance purposes. The companies                                            the affected population. The radar
                                                 to physically carry an MMC that reflects                                    generally produce a service letter once                                      observer endorsement would expire
                                                 a radar observer endorsement. The costs                                     every 5 years to provide the employees                                       with the MMC and the mariner would
                                                 of obtaining the copy of the certificate                                    the documentation necessary to renew                                         no longer be required to carry the course
                                                 are included in the cost of the                                             their credentials. Because the cost to                                       completion certificate so that it can be
                                                 completion of the course. Therefore, any                                    add one line item is a minimal burden                                        presented to the Coast Guard upon
                                                 cost savings from these revisions are                                       and could be included in the company’s                                       demand.
                                                 included in the calculations of the cost                                    regular updates to the service letter, we                                       We used data from the Coast Guard’s
                                                 savings to the revisions to 46 CFR                                          consider the proposed revisions to 46                                        Merchant Mariner Licensing and
                                                 11.480. Those mariners who do not have                                      CFR 10.232 to have no additional                                             Documentation (MMLD) system to
                                                 an MMC that reflects a radar observer                                       burden or cost savings to industry.                                          estimate the average number of mariners
                                                 endorsement would be allowed to sail if
                                                                                                                             Affected Population                                                          affected by this proposed rule. The
                                                 they hold, and have immediately
                                                                                                                               We expect that this proposed rule                                          MMLD system is used to produce MMCs
                                                 available, a course completion
                                                 certificate, issued within the last 5                                       would affect mariners with a radar                                           at the National Maritime Center. Table
                                                 years, from a Coast Guard-approved                                          observer endorsement and mariners                                            2 below shows the radar endorsement
                                                 radar course. There is no impact to these                                   who would need one in the future. More                                       data from the MMLD system used to
                                                 mariners, as they currently have to carry                                   specifically, it would affect those                                          estimate the affected population. The
                                                 a certificate to show course completion.                                    mariners with at least 1 year of sea                                         MMLD system does not have exam data
                                                    The proposed revisions to 46 CFR                                         service in the previous 5 years in a                                         prior to 2011 for the mariners who took
                                                 10.232 would add a requirement that                                         position using radar for navigation and                                      the rules of the road exam to renew an
                                                 the sea service letter indicate whether                                     collision avoidance purposes on board a                                      MMC.
                                                                                                   TABLE 2—MARINERS HOLDING RADAR OBSERVER ENDORSEMENTS
                                                                                                                                                                                      Mariners who hold               Mariners who took
                                                                                                                                                                                       a radar observer                                               Mariners who
                                                                                                                                                                                                                       rules of the road
                                                                                                            Year                                                                         endorsement                                                   benefit from
                                                                                                                                                                                                                        exam to renew
                                                                                                                                                                                         (current total                                               proposed rule
                                                                                                                                                                                                                             MMC
                                                                                                                                                                                          population)

                                                 2011   ...........................................................................................................................                    37,612                               488                  37,124
                                                 2012   ...........................................................................................................................                    38,114                               572                  37,542
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                                                 2013   ...........................................................................................................................                    37,011                               638                  36,373
                                                 2014   ...........................................................................................................................                    35,262                               671                  34,591
                                                 2015   ...........................................................................................................................                    34,280                               716                  33,564
                                                 2016   ...........................................................................................................................                    34,546                               777                  33,769
                                                 2017   ...........................................................................................................................                    34,076                               755                  33,321

                                                      Average Total Mariners ......................................................................................                                    35,843                               660                  35,183




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                                                 26938                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                                                   TABLE 2—MARINERS HOLDING RADAR OBSERVER ENDORSEMENTS—Continued
                                                                                                                                                                         Mariners who hold     Mariners who took
                                                                                                                                                                          a radar observer                              Mariners who
                                                                                                                                                                                                rules of the road
                                                                                                       Year                                                                 endorsement                                  benefit from
                                                                                                                                                                                                 exam to renew
                                                                                                                                                                            (current total                              proposed rule
                                                                                                                                                                                                      MMC
                                                                                                                                                                             population)

                                                      Impacted per Year ..............................................................................................                7,169                    132                  7,037



                                                    The ‘‘Mariners Who Hold a Radar                                   who took the rules of the road exam in                           costs to industry. The costs to industry
                                                 Observer Endorsement’’ column shows                                  that given year. Therefore, we used this                         include the cost of the refresher or re-
                                                 the number of unique mariners who, on                                as a proxy to estimate the number of                             certification course, the time to take the
                                                 January 1 of each year, held a valid                                 mariners who did not have 1 year of sea                          course, and time and mileage costs to
                                                 MMC with a radar observer                                            service in the last 5 years. Under this                          travel to take the course. The mariners
                                                 endorsement. Per § 11.480, each                                      proposed rule, an average of 660 total                           incur costs for the radar refresher or re-
                                                 applicant for a renewal of a radar                                   mariners would still have had to take a                          certification course. To estimate the cost
                                                 observer endorsement must complete                                   radar refresher or re-certification course                       of the course, the Coast Guard
                                                 the appropriate Coast Guard-approved                                 in order to maintain the radar observer                          researched and found a sample of
                                                 refresher or re-certification course,                                endorsement. The Coast Guard does not                            course costs from five training centers
                                                 receive the appropriate course                                       have more detailed information as when                           that offer Coast Guard-approved radar
                                                 completion certificate, and present the                              each mariner took the radar refresher or                         refresher or re-certification courses. The
                                                 certificate or a copy of the certificate to                          re-certification course over the 5-year                          cost of the courses ranged from $199 to
                                                 the Coast Guard. A radar observer                                    period. We divided the total mariners by                         $250. We took an average of the 5
                                                 endorsement is typically valid for 5                                 5 to find an average of 132 mariners                             estimates to find the average cost of the
                                                 years from the date of completion of the                             would still need to take the exam each                           courses is $228 (($199 + $250 + $225 +
                                                 Coast Guard-approved course. From                                    year (660 total mariners/5).                                     $225 + $243)/5, rounded to nearest
                                                 2011 to 2017, there was an average of                                   We subtracted the number in the                               dollar).7 8 9 10 11
                                                 35,843 total mariners with a valid MMC                               ‘‘Mariners Who Took Rules of the Road                               We then estimated the cost of the time
                                                 with a radar observer endorsement. The                               Exam to Renew MMC’’ column from the                              for the mariners to take the refresher or
                                                 Coast Guard does not have more                                       number in the ‘‘Mariners Who Hold a                              re-certification course. The 5 training
                                                 detailed information as to the expiration                            Radar Observer Endorsement’’ column                              centers state that the radar renewal
                                                 for each mariner’s radar observer                                    to find the mariners who, under this                             course is 1-day. For the purposes of
                                                 endorsement. Therefore, we divided the                               proposed rule, would not have had to                             complying with service requirements, a
                                                 total mariners by 5 to estimate that an                              take a radar refresher or re-certification                       day is defined as 8 hours (46 CFR
                                                 average of 7,169 mariners currently                                  course when they last renewed their                              10.107, Definitions in subchapter B).12
                                                 would need to take the radar renewal                                 MMC. From 2011 to 2017, there was an                             We obtained the wage rate of a mariner
                                                 course each year (35,843 total mariners/                             average of 35,183 mariners who held                              from the Bureau of Labor Statistics
                                                 5, rounded to nearest whole number).                                 radar observer endorsements and had at                           (BLS), using Occupational Series 53–
                                                    Under this proposed rule, the Coast                               least 1 year of relevant sea service                             5021, Captains, Mates, and Pilots of
                                                 Guard expects that a portion of the total                            during the past 5 years. This number                             Water Vessels (May 2016). The BLS
                                                 mariners would not have 1 year of sea                                represents the total number of mariners                          reports that the mean hourly wage rate
                                                 service in the last 5 years in a position                            expected to benefit from this proposed                           for a Captain, Mate, or Pilot is $39.19.13
                                                 using radar for navigation and collision                             rule. We divided the total number of                             To account for employee benefits, we
                                                 avoidance purposes on board radar-                                   mariners expected to benefit from this                           used a load factor of 1.52, which we
                                                 equipped vessels. There are some                                     proposed rule by 5 to find the average                           calculated from 2016 4th quarter BLS
                                                 mariners who are inactive but still                                  mariners that would benefit each year                            data.14 The loaded wage for a mariner is
                                                 complete the requirements to renew an                                (35,183 total mariners/5). This comes
                                                 MMC. The requirements for the renewal                                out to an average of 7,037 mariners per                            7 Maritime Professional Training, course cost of

                                                 of an MMC are in § 10.227. In order to                               year that would no longer have to take                           $199, found at http://www.mptusa.com/course/149-
                                                 renew their credentials, mariners must                               a radar refresher or re-certification                            Radar-Observer-Recertification-Renewal.
                                                                                                                                                                                         8 Compass Courses, course cost of $250, found at
                                                 present acceptable documentary                                       course (rounded to nearest whole
                                                                                                                                                                                       http://compasscourses.com/maritime-safety-
                                                 evidence of at least 1 year of sea service                           number).                                                         training-courses/radar-re-certification/.
                                                 during the past 5 years, or pass a                                   Costs                                                              9 The Marine Training Institute, course cost of

                                                 comprehensive, open-book exercise that                                                                                                $225, found at http://themarinetraining
                                                                                                                        The regulatory changes in this                                 institute.com/ecdis-radar-recertification/.
                                                 includes a rules of the road                                         proposed rule would not impose any                                 10 Calhoon MEBA Engineering School, course
                                                 examination. Mariners who take the                                   costs to industry or government.                                 cost of $225, found at http://rro.cutwater.org/.
                                                 rules of the road exam are tracked in the                                                                                               11 Maritime Institute of Technology & Graduate

                                                 MMLD database. The ‘‘Mariners Who                                    Cost Savings                                                     Studies, course cost of $243, found at https://
                                                 Took Rules of the Road Exam to Renew                                                                                                  www.mitags-pmi.org/courses/view/Radar_
                                                                                                                         The cost savings to industry are the
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                                                                                                                                                                                       Observer_Recertification.
                                                 MMC’’ column in table 3 shows the                                    difference between the current baseline                            12 46 CFR 10.107, https://ecfr.io/Title-46/pt46.
                                                 number of the unique mariners in the                                 cost to industry and the cost to industry                        1.10#se46.1.10_1107.
                                                 ‘‘Mariners Who Hold a Radar Observer                                 if the regulatory changes in this                                  13 Mean wage, https://www.bls.gov/oes/2016/

                                                 Endorsement (Current Total                                           proposed rule are implemented.                                   may/oes535021.htm.
                                                                                                                                                                                         14 Employer Costs for Employee Compensation
                                                 Population)’’ column who took the rules
                                                 of the road examination as part of the                               Baseline Cost to Industry                                        provides information on the employer
                                                                                                                                                                                       compensation and can be found in table 9 at https://
                                                 MMC renewal process for their existing                                 To estimate the cost savings to                                www.bls.gov/news.release/archives/ecec_
                                                 valid MMC, not the number of mariners                                industry, we first estimated the current                         03172017.pdf. The loaded wage factor is equal to



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                                                                                     Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                                                                      26939

                                                 estimated at $59.57 ($39.19 wage rate ×                                        additional cost.17 We multiplied this                                       vessel for 1 year in the previous 5 years
                                                 1.52 load factor). We multiplied the                                           rate by the 100 miles round trip to the                                     are not required to take a radar refresher
                                                 loaded wage rate by the hourly burden                                          training facility to estimate that the                                      or re-certification course to renew their
                                                 to find the current cost for a mariner to                                      mariners incur a cost of $54 per mariner                                    radar observer endorsement would
                                                 take the radar renewal course is $476.56                                       for the additional mileage costs.                                           reduce the number of mariners who
                                                 ($59.57 wage rate × 8 hour burden).                                               Table 3 summarizes the costs per                                         would need to take the radar refresher
                                                    We then estimated the cost for the                                          mariner to take the radar refresher or re-                                  or re-certification course. As shown in
                                                 mariners to travel to take the refresher                                       certification course. Adding the cost of                                    table 2 in the ‘‘Affected Population’’
                                                 or re-certification course. The radar                                          the 1-day course, the opportunity cost of
                                                                                                                                                                                                            subsection, an average of 132 mariners
                                                 refresher or re-certification course must                                      time to take the course, and the
                                                                                                                                                                                                            would still need to take the radar
                                                 be taken in person at a training center.                                       opportunity cost of roundtrip travel
                                                                                                                                time and mileage costs to get to the                                        refresher or re-certification course each
                                                 This means the mariners incur costs for                                                                                                                    year. These mariners would continue to
                                                 time to travel to take the course. We                                          training center, we found that it costs
                                                                                                                                $964.67 per mariner to take the radar                                       have the same costs per mariner shown
                                                 estimated mileage using travel costs                                                                                                                       in table 3. Multiplying the cost per
                                                 assumptions from the Implementation                                            refresher or re-certification course.
                                                                                                                                                                                                            mariner by the average mariners that
                                                 of the 1995 Amendments to the                                                                                                                              would still need to take the course each
                                                 International Convention on Standards                                             TABLE 3—COSTS PER MARINER FOR
                                                                                                                                    RADAR REFRESHER OR RE-CERTIFI-                                          year, we found the total annual cost to
                                                 of Training, Certification, and
                                                                                                                                    CATION COURSE                                                           industry that would remain under this
                                                 Watchkeeping for Seafarers, 1978, and
                                                                                                                                                                                                            proposed rule would be $127,336 (132
                                                 Changes to National Endorsements
                                                 Final Rule.15 On average, a mariner                                                             Cost category                                  Cost        mariners × $964.67 per mariner).
                                                 commutes 50 miles to a training course                                         1-Day Course ...............................                   $228.00      Cost Savings
                                                 one-way, or 100 miles round trip. The                                          Opportunity Cost of Time (8
                                                 Federal Highway Administration reports                                           hours) Spent in Training Facility                         To find the total cost savings of this
                                                                                                                                                                                                 476.56
                                                 the average commute speed for private                                          Opportunity Cost of Roundtrip                             proposed rule, we subtracted the costs
                                                 vehicles is 28.87 miles per hour.16 We                                           Travel Time to Training Center                   206.11 to industry after implementation of the
                                                 divided the average round trip mileage                                         Mileage Costs ...............................       54.00 proposed rule from the baseline costs.
                                                 to the training center by the average                                                                                                    Subtracting $127,336 from $6,915,719,
                                                                                                                                  Total .......................................... 964.67
                                                 commute time to find that it takes an                                                                                                    we found the total cost savings of this
                                                 average of 3.46 hours for a mariner to                                           To find the baseline total cost for all                 proposed rule would be $6,788,383.
                                                 travel to the training center (100 miles/                                      mariners to take the radar refresher or                   Table 4 shows the total 10-year
                                                 28.87 miles per hour, rounded). We                                             re-certification course, we multiplied                    undiscounted industry cost savings of
                                                 multiplied this by the loaded hourly                                           the total cost per mariner of $964.67 by                  this proposed rule would be
                                                 wage rate to find that the hourly burden                                       the annual average mariners who                           $67,883,830. The 10-year estimated
                                                 per mariner to travel to the training                                          currently hold radar observer                             discounted cost savings to industry
                                                 center to take the refresher or re-                                            endorsements. As shown in table 2, we                     would be $47,678,762, with an
                                                 certification course is $206.11 (3.46                                          found this is an annual average of 7,169 annualized cost savings of $6,788,383,
                                                 hours × $59.57).                                                               mariners. Therefore, the total baseline                   using a 7-percent discount rate. Using a
                                                    The mariners also incur additional                                          annual average cost for all mariners is                   perpetual period of analysis, we
                                                 mileage costs for traveling to the                                             $6,915,719 (7,169 mariners × $964.67                      estimated the total annualized cost
                                                 training facility to take the 1-day course,                                    per mariner, rounded).                                    savings of the proposed rule would be
                                                 such as gas and wear and tear on their                                                                                                   $5,541,343 in 2016 dollars, using a
                                                 vehicles. We used the U.S. General                                             Costs to Industry After Implementation
                                                                                                                                of the Regulatory Changes Proposed                        7-percent discount rate.
                                                 Services Administration privately
                                                 owned vehicle mileage reimbursement                                              Revising § 11.480 so that mariners
                                                 rate of $0.54 per mile to estimate this                                        who serve on board a radar-equipped

                                                            TABLE 4—TOTAL ESTIMATED COST SAVINGS OF THE PROPOSED RULE OVER A 10-YEAR PERIOD OF ANALYSIS
                                                                                                                                             [Discounted at 7 and 3 percent]

                                                                                                                                                                                                               Total                Total, discounted
                                                                                                                        Year                                                                               undiscounted
                                                                                                                                                                                                               costs              7%                  3%

                                                 1   ...................................................................................................................................................     $6,788,383         $6,344,283          $6,590,663
                                                 2   ...................................................................................................................................................      6,788,383          5,929,237           6,398,702
                                                 3   ...................................................................................................................................................      6,788,383          5,541,343           6,212,332
                                                 4   ...................................................................................................................................................      6,788,383          5,178,825           6,031,390
                                                 5   ...................................................................................................................................................      6,788,383          4,840,023           5,855,719
                                                 6   ...................................................................................................................................................      6,788,383          4,523,386           5,685,164
                                                 7   ...................................................................................................................................................      6,788,383          4,227,464           5,519,577
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                                                 the total compensation of $28.15 divided by the                                estimate found on page 132 of the Regulatory                                  17 Found at https://www.gsa.gov/travel/plan-

                                                 wages and salary of $18.53. Values for the total                               Analysis and Final Regulatory Flexibility Analysis,                         book/transportation-airfare-rates-pov-rates-etc/
                                                 compensation, wages, and salary are for all private                            located under Supporting Documents.                                         privately-owned-vehicle-pov-rates/pov-mileage-
                                                 industry workers in the transportation and material                              16 ‘‘Summary of Travel Trends: 2009 National                              rates-archived. We use the 2016 rate to keep all
                                                 moving occupations, 2016 4th quarter. We use 2016
                                                                                                                                Household Travel Survey’’, table 27, found at                               costs in 2016 dollars.
                                                 data to keep estimated cost savings in 2016 dollars.
                                                   15 Found at https://www.regulations.gov/docket?D                             http://nhts.ornl.gov/2009/pub/stt.pdf.
                                                 =USCG-2004-17914. Non-commuting driving time



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                                                 26940                               Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                          TABLE 4—TOTAL ESTIMATED COST SAVINGS OF THE PROPOSED RULE OVER A 10-YEAR PERIOD OF ANALYSIS—
                                                                                                    Continued
                                                                                                                                           [Discounted at 7 and 3 percent]

                                                                                                                                                                                                              Total                   Total, discounted
                                                                                                                       Year                                                                               undiscounted
                                                                                                                                                                                                              costs                  7%               3%

                                                 8 ...................................................................................................................................................          6,788,383            3,950,901       5,358,812
                                                 9 ...................................................................................................................................................          6,788,383            3,692,431       5,202,730
                                                 10 .................................................................................................................................................           6,788,383            3,450,870       5,051,194

                                                        Total ......................................................................................................................................           67,883,830           47,678,762      57,906,284
                                                            Annualized .....................................................................................................................             ........................    6,788,383       6,788,383



                                                 B. Small Entities                                                             qualifies and how and to what degree                                          proposed revisions to 46 CFR 15.815
                                                    Under the Regulatory Flexibility Act,                                      this proposed rule would economically                                         would eliminate the requirement that a
                                                 5 U.S.C. 601–612, we have considered                                          affect it.                                                                    person holding a radar endorsement
                                                 whether this proposed rule would have                                                                                                                       must also have his or her course
                                                                                                                               C. Assistance for Small Entities
                                                 a significant economic impact on a                                                                                                                          completion certificate readily available.
                                                 substantial number of small entities.                                            Under section 213(a) of the Small                                          While the mariner would no longer
                                                 The term ‘‘small entities’’ comprises                                         Business Regulatory Enforcement                                               physically have to carry the certificate,
                                                 small businesses, not-for-profit                                              Fairness Act of 1996, Public Law                                              the mariner would still have to carry an
                                                 organizations that are independently                                          104–121, we want to assist small                                              MMC that reflects a radar observer
                                                 owned and operated and are not                                                entities in understanding this proposed                                       endorsement. Those mariners who do
                                                 dominant in their fields, and                                                 rule so that they can better evaluate its                                     not have an MMC that reflects a radar
                                                 governmental jurisdictions with                                               effects on them and participate in the                                        observer endorsement would be allowed
                                                 populations of less than 50,000.                                              rulemaking. If the proposed rule would                                        to sail provided that they hold, and have
                                                    This proposed rule reduces the                                             affect your small business, organization,                                     immediately available, a course
                                                 burden on industry by removing the                                            or governmental jurisdiction and you                                          completion certificate, issued within the
                                                 requirement to attend a radar refresher                                       have questions concerning its                                                 last 5 years, from a Coast Guard-
                                                 or re-certification course every 5 years                                      provisions or options for compliance,                                         approved radar refresher or re-
                                                 for mariners who have 1 year of relevant                                      please contact the person in the FOR                                          certification course. There is no impact
                                                 sea service in the previous 5 years in a                                      FURTHER INFORMATION CONTACT section of                                        to these mariners, as they currently have
                                                 position using radar for navigation and                                       this proposed rule. The Coast Guard                                           to carry a certificate to show course
                                                 collision avoidance purposes on board                                         will not retaliate against small entities                                     completion.
                                                 radar-equipped vessels, or for Coast                                          that question or complain about this                                             The proposed revisions to 46 CFR
                                                 Guard-approved radar course qualified                                         proposed rule or any policy or action of                                      10.232 would add a requirement that
                                                 instructors who have taught the class at                                      the Coast Guard.                                                              the sea service letter indicates whether
                                                 least twice within the past 5 years. The                                         Small businesses may send comments                                         the mariner served on a vessel equipped
                                                 MMC and radar observer endorsement is                                         on the actions of Federal employees                                           with radar, and if the mariner served in
                                                 in the mariner’s name and not the                                             who enforce, or otherwise determine                                           a position using radar for navigation and
                                                 company’s name, so we assume the                                              compliance with, Federal regulations to                                       collision avoidance purposes. In place
                                                 affected mariners would receive the cost                                      the Small Business and Agriculture                                            of an indication on an application or by
                                                 savings from this proposed rule. We do                                        Regulatory Enforcement Ombudsman                                              separate certification that a mariner
                                                 not have further information that any                                         and the Regional Small Business                                               completed a Coast Guard-approved
                                                 companies would reimburse the                                                 Regulatory Fairness Boards. The                                               radar observer course, a statement
                                                 mariners for these costs and would                                            Ombudsman evaluates these actions                                             would be added to the already-required
                                                 acquire the costs savings.                                                    annually and rates each agency’s                                              sea service letter. The operating
                                                    Therefore, the Coast Guard certifies                                       responsiveness to small business. If you                                      companies that use service letters are
                                                 under 5 U.S.C. 605(b) that this proposed                                      wish to comment on actions by                                                 already required to provide mariner
                                                 rule would not have a significant                                             employees of the Coast Guard, call 1–                                         service information. The companies
                                                 economic impact on a substantial                                              888–REG–FAIR (1–888–734–3247).                                                would have to add a line item once per
                                                 number of small entities. This proposed                                                                                                                     vessel, and then the letter would be
                                                 rule reduces the burden associated with                                       D. Collection of Information
                                                                                                                                                                                                             available for all other mariners serving
                                                 mariners taking the radar refresher or re-                                      This proposed rule would call for no                                        on a radar-equipped vessel using radar
                                                 certification course and will not                                             new collection of information under the                                       for navigation and collision avoidance
                                                 adversely affect small entities as defined                                    Paperwork Reduction Act of 1995, 44                                           purposes. The companies generally
                                                 by the Small Business Administration in                                       U.S.C. 3501–3520. The information                                             produce a service letter once every 5
                                                 13 CFR 121.201. If you think that your                                        collection associated with this proposed                                      years to provide the employees the
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                                                 business, organization, or governmental                                       rule is the currently approved collection                                     documentation necessary to renew their
                                                 jurisdiction qualifies as a small entity                                      1625–0040 (MMC Application).18 The                                            credentials. Because the cost to add one
                                                 and that this proposed rule would have                                                                                                                      line item is a minimal burden and could
                                                 a significant economic impact on it,                                            18 The full title of COI 1625–0040 is ‘‘Application
                                                                                                                                                                                                             be included in the company’s regular
                                                 please submit a comment to the docket                                         for Merchant Mariner Credential (MMC),
                                                                                                                               Application for Medical Certificate, Application for
                                                                                                                                                                                                             updates to the service letter, we
                                                 at the address listed in the ADDRESSES                                        Medical Certificate—Short Form, Small Vessel Sea
                                                 section of this preamble. In your                                             Service (Optional) Form, DOT/USCG Periodic Drug                               for Narcotics, DWI/DUI, and/or Other Convictions
                                                 comment, explain why you think it                                             Testing (Optional) Form, and Disclosure Statement                             (Optional) Form.’’



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                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                             26941

                                                 consider the proposed revisions to 46                   the person listed in the FOR FURTHER                   under Executive Order 12866 and
                                                 CFR 10.232 to have no additional                        INFORMATION  section of this preamble.                 would not likely have a significant
                                                 burden to industry. Therefore, the                                                                             adverse effect on the supply,
                                                                                                         F. Unfunded Mandates Reform Act
                                                 proposed revisions would not change                                                                            distribution, or use of energy.
                                                 the burden in the currently approved                       The Unfunded Mandates Reform Act
                                                 collection 1625–0040.                                   of 1995, 2 U.S.C. 1531–1538, requires                  L. Technical Standards
                                                                                                         Federal agencies to assess the effects of
                                                 E. Federalism                                           their discretionary regulatory actions. In               The National Technology Transfer
                                                                                                         particular, the Act addresses actions                  and Advancement Act, codified as a
                                                    A rule has implications for federalism
                                                                                                         that may result in the expenditure by a                note to 15 U.S.C. 272, directs agencies
                                                 under Executive Order 13132
                                                                                                         State, local, or tribal government, in the             to use voluntary consensus standards in
                                                 (Federalism) if it has a substantial direct
                                                 effect on States, on the relationship                   aggregate, or by the private sector of                 their regulatory activities unless the
                                                 between the national government and                     $100 million (adjusted for inflation) or               agency provides Congress, through
                                                 the States, or on the distribution of                   more in any one year. Although this                    OMB, with an explanation of why using
                                                 power and responsibilities among the                    proposed rule would not result in such                 these standards would be inconsistent
                                                 various levels of government. We have                   an expenditure, we do discuss the                      with applicable law or otherwise
                                                 analyzed this proposed rule under                       effects of this proposed rule elsewhere                impractical. Voluntary consensus
                                                 Executive Order 13132 and have                          in this preamble.                                      standards are technical standards (e.g.,
                                                 determined that it is consistent with the                                                                      specifications of materials, performance,
                                                                                                         G. Taking of Private Property
                                                 fundamental federalism principles and                                                                          design, or operation; test methods;
                                                 preemption requirements described in                      This proposed rule would not cause a                 sampling procedures; and related
                                                 Executive Order 13132. Our analysis is                  taking of private property or otherwise                management systems practices) that are
                                                 explained below.                                        have taking implications under                         developed or adopted by voluntary
                                                    It is well settled that States may not               Executive Order 12630 (Governmental                    consensus standards bodies.
                                                 regulate in categories reserved for                     Actions and Interference with
                                                                                                         Constitutionally Protected Property                      This proposed rule does not use
                                                 regulation by the Coast Guard. It is also                                                                      technical standards. Therefore, we did
                                                 well settled that all of the categories                 Rights).
                                                                                                                                                                not consider the use of voluntary
                                                 covered in 46 U.S.C. 3306, 3703, 7101,                  H. Civil Justice Reform                                consensus standards.
                                                 and 8101 (design, construction,
                                                                                                            This proposed rule meets applicable
                                                 alteration, repair, maintenance,                                                                               M. Environment
                                                                                                         standards in sections 3(a) and 3(b)(2) of
                                                 operation, equipping, personnel
                                                                                                         Executive Order 12988, (Civil Justice                     We have analyzed this proposed rule
                                                 qualification, and manning of vessels),
                                                                                                         Reform), to minimize litigation,                       under Department of Homeland
                                                 as well as the reporting of casualties and
                                                                                                         eliminate ambiguity, and reduce                        Security Management Directive 023–01
                                                 any other category in which Congress
                                                                                                         burden.                                                and Commandant Instruction
                                                 intended the Coast Guard to be the sole
                                                 source of a vessel’s obligations, are                   I. Protection of Children                              M16475.lD (COMDTINST M16475.1D),
                                                 within the field foreclosed from                                                                               which guide the Coast Guard in
                                                                                                           We have analyzed this proposed rule
                                                 regulation by the States. See the                       under Executive Order 13045                            complying with the National
                                                 Supreme Court’s decision in United                      (Protection of Children from                           Environmental Policy Act of 1969 (42
                                                 States v. Locke and Intertanko v. Locke,                Environmental Health Risks and Safety                  U.S.C. 4321–4370f), and have made a
                                                 529 U.S. 89, 120 S.Ct. 1135 (2000).                     Risks). This proposed rule is not an                   preliminary determination that this
                                                 Because this proposed rule involves the                 economically significant rule and would                action is one of a category of actions that
                                                 credentialing of mariners under 46                      not create an environmental risk to                    do not individually or cumulatively
                                                 U.S.C. 7101, it relates to personnel                    health or risk to safety that might                    have a significant effect on the human
                                                 qualifications and, as a result, is                     disproportionately affect children.                    environment. A preliminary (draft)
                                                 foreclosed from regulation by the States.                                                                      Record of Environmental Consideration
                                                 Therefore, because the States may not                   J. Indian Tribal Governments
                                                                                                                                                                (REC) supporting this determination is
                                                 regulate within these categories, this                     This proposed rule does not have                    available in the docket where indicated
                                                 proposed rule is consistent with the                    tribal implications under Executive                    under the ‘‘Public Participation and
                                                 fundamental federalism principles and                   Order 13175 (Consultation and                          Request for Comments’’ section of this
                                                 preemption requirements described in                    Coordination with Indian Tribal                        preamble. This proposed rule would be
                                                 Executive Order 13132.                                  Governments), because it would not                     categorically excluded under categorical
                                                    While it is well settled that States may             have a substantial direct effect on one or             exclusion (CATEX) numbers L52, L56,
                                                 not regulate in categories in which                     more Indian tribes, on the relationship                L57, and L62 of DHS Directive 023–
                                                 Congress intended the Coast Guard to be                 between the Federal Government and                     01(series). As such, CATEX L52 pertains
                                                 the sole source of a vessel’s obligations,              Indian tribes, or on the distribution of
                                                 the Coast Guard recognizes the key role                                                                        to regulations concerning vessel
                                                                                                         power and responsibilities between the
                                                 that State and local governments may                                                                           operation safety standards, CATEX L56
                                                                                                         Federal Government and Indian tribes.
                                                 have in making regulatory                                                                                      pertains to regulations concerning the
                                                 determinations. Additionally, for rules                 K. Energy Effects                                      training, qualifying, and licensing of
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                                                 with federalism implications and                           We have analyzed this proposed rule                 maritime personnel, CATEX L57
                                                 preemptive effect, Executive Order                      under Executive Order 13211 (Actions                   pertains to regulations concerning
                                                 13132 specifically directs agencies to                  Concerning Regulations That                            manning of vessels, and CATEX L62
                                                 consult with State and local                            Significantly Affect Energy Supply,                    pertains to regulations in aid of
                                                 governments during the rulemaking                       Distribution, or Use). We have                         navigation. We seek any comments or
                                                 process. If you believe this rule has                   determined that it is not a ‘‘significant              information that may lead to the
                                                 implications for federalism under                       energy action’’ under that order because               discovery of a significant environmental
                                                 Executive Order 13132, please contact                   it is not a ‘‘significant regulatory action’’          impact from this proposed rule.


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                                                 26942                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 List of Subjects                                           (f) A mariner may also renew his or                 DEPARTMENT OF TRANSPORTATION
                                                                                                         her radar observer endorsement by
                                                 46 CFR Part 10                                                                                                 Federal Motor Carrier Safety
                                                                                                         providing evidence of meeting the
                                                   Penalties, Personally identifiable                    requirements located in 46 CFR                         Administration
                                                 information, Reporting and                              10.227(e)(1)(v).
                                                 recordkeeping requirements, Seamen.                                                                            49 CFR Chapter III
                                                                                                            (g) The Coast Guard will accept on-
                                                 46 CFR Part 11                                          board training and experience through                  [Docket No. FMCSA–2018–0037]
                                                   Penalties, Reporting and                              acceptable documentary evidence of 1
                                                                                                                                                                Federal Motor Carrier Safety
                                                 recordkeeping requirements, Schools,                    year of relevant sea service within the
                                                                                                                                                                Regulations (FMCSRs) Which May Be
                                                 Seamen.                                                 last 5 years in a position using radar for
                                                                                                                                                                a Barrier to the Safe Integration of
                                                                                                         navigation and collision avoidance
                                                 46 CFR Part 15                                                                                                 Automated Driving Systems (ADS) in
                                                                                                         purposes on vessels equipped with                      Commercial Motor Vehicle (CMV)
                                                   Reporting and recordkeeping                           radar as meeting the refresher or re-                  Operations; Public Meeting
                                                 requirements, Seamen, Vessels.                          certification requirements of paragraph
                                                   For the reasons discussed in the                      (d) of this section.                                   AGENCY:  Federal Motor Carrier Safety
                                                 preamble, the Coast Guard proposes to                      (h) An applicant for renewal of a                   Administration (FMCSA), DOT.
                                                 amend 46 CFR parts 10, 11, and 15 as                    license or MMC who does not provide                    ACTION: Notice of public listening
                                                 follows:                                                evidence of meeting the renewal                        session.
                                                 ■ 1. The authority citation for part 10                 requirements of paragraphs (d), (f), or (g)
                                                 continues to read as follows:                                                                                  SUMMARY:    FMCSA announces a public
                                                                                                         of this section will not have a radar                  listening session on June 19, 2018, to
                                                   Authority: 14 U.S.C. 633; 31 U.S.C. 9701;             observer endorsement placed on his or                  solicit information on issues relating to
                                                 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter           her MMC.                                               the design, development, testing, and
                                                 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
                                                 75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903,                                                                      integration of ADS-equipped CMVs on
                                                                                                         PART 15—MANNING REQUIREMENTS                           our Nation’s roadways. The listening
                                                 8904, and 70105; Executive Order 10173;
                                                 Department of Homeland Security Delegation                                                                     session will provide interested parties
                                                                                                         ■ 1. The authority citation for part 15                with an opportunity to assist the
                                                 No. 0170.1.
                                                                                                         continues to read as follows:                          Agency’s future rulemaking efforts by
                                                 ■ 2. Amend § 10.232 by redesignating
                                                 paragraphs (a)(2)(vii) through (a)(2)(x) as               Authority: 46 U.S.C. 2101, 2103, 3306,               sharing their views on the FMCSRs as
                                                 paragraphs (a)(2)(viii) through (a)(2)(xi),
                                                                                                         3703, 8101, 8102, 8103, 8104, 8105, 8301,              they relate to the development and safe
                                                 respectively and add new paragraph
                                                                                                         8304, 8502, 8503, 8701, 8702, 8901, 8902,              integration of ADS. It will also allow
                                                 (a)(2)(vii) to read as follows:
                                                                                                         8903, 8904, 8905(b), 8906 and 9102; sec. 617,          FMCSA to share with stakeholders the
                                                                                                         Pub. L. 111–281, 124 Stat. 2905; and                   Agency’s ADS strategy and open a
                                                 § 10.232   Sea service.                                 Department of Homeland Security Delegation             channel for two-way communication.
                                                   (a) * * *                                             No. 0170.1.                                            This listening session will supplement
                                                   (2) * * *                                                                                                    the information gathered from FMCSA’s
                                                                                                         ■ 2. Amend § 15.815 by revising                        previous requests for comment on issues
                                                   (vii) For those seeking to renew a
                                                                                                         paragraph (d) and removing paragraph                   related to automation by targeting
                                                 radar observer endorsement, whether
                                                                                                         (e) to read as follows:                                stakeholders from whom they have not
                                                 the vessel is equipped with radar and if
                                                 the mariner served in a position using                  § 15.815    Radar observers.                           previously received comments,
                                                 radar for navigation and collision                                                                             including academia, insurance groups,
                                                                                                         *     *     *    *     *                               and technology providers and
                                                 avoidance purposes.
                                                 *     *     *     *    *                                  (d) In the event that a person                       developers. Attendees are also
                                                                                                         described in paragraphs (a), (b), or (c) of            encouraged to share any data or analysis
                                                 PART 11—REQUIREMENTS FOR                                this section does not hold an                          on this topic with Agency
                                                 OFFICER ENDORSEMENTS                                    endorsement as radar observer, he or                   representatives.
                                                                                                         she must have immediately available a                  DATES:  The meeting will be held
                                                 ■ 1. The authority citation for part 11                 valid course completion certificate from
                                                 continues to read as follows:                                                                                  Tuesday, June 19, 2018, from 1:00 p.m.
                                                                                                         a Coast Guard-approved radar course.                   to 3:00 p.m., Eastern Daylight Time
                                                   Authority: 14 U.S.C. 633; 31 U.S.C. 9701;                                                                    (EDT), at the University of Michigan’s
                                                 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.               Jeffrey G. Lantz,
                                                                                                                                                                Mcity in Ann Arbor, Michigan. Research
                                                 chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906,           Director, Office of Commercial Regulations
                                                 and 70105; Executive Order 10173;                                                                              Auditorium, 2800 Plymouth Street,
                                                                                                         and Standards.
                                                 Department of Homeland Security Delegation                                                                     Bldg. 10, Ann Arbor, MI 48109.
                                                                                                         [FR Doc. 2018–12502 Filed 6–8–18; 8:45 am]
                                                 No. 0170.1. Section 11.107 is also issued                                                                        Please use the following link to RSVP
                                                 under the authority of 44 U.S.C. 3507.                  BILLING CODE 9110–04–P                                 and find additional information about
                                                                                                                                                                this public meeting as it approaches:
                                                 ■  2. Amend § 11.480 as follows:
                                                 ■  a. In paragraph (d), remove the text                                                                        https://fmcsaads.eventbrite.com/.
                                                 ‘‘paragraph (e)’’ and add, in its place,                                                                       Information about this listening session
                                                 the text ‘‘paragraphs (f) or (g)’’; and                                                                        can also be found at: https://
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                                                 ■ b. Revise paragraphs (e) through (h) to
                                                                                                                                                                www.transportation.gov/AV.
                                                 read as follows:                                                                                               FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                                                                                William Cunnane, Program Specialist,
                                                 § 11.480   Radar observer.                                                                                     Program Integration Office, Federal
                                                 *      *    *     *    *                                                                                       Motor Carrier Safety Administration,
                                                    (e) A radar observer endorsement                                                                            U.S. Department of Transportation, 1200
                                                 issued under this section is valid until                                                                       New Jersey Avenue SE, Washington, DC
                                                 the expiration of the mariner’s MMC.                                                                           20590, email: fmcsaads@dot.gov.


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Document Created: 2018-11-02 11:58:46
Document Modified: 2018-11-02 11:58:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 11, 2018.
ContactFor information about this document call or email Mr. Davis Breyer, Coast Guard; telephone 202-372-1445, email [email protected]
FR Citation83 FR 26933 
RIN Number1625-AC46
CFR Citation46 CFR 10
46 CFR 11
46 CFR 15
CFR AssociatedPenalties; Personally Identifiable Information; Reporting and Recordkeeping Requirements; Seamen; Schools and Vessels

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