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Rule2024-19839

Great Lakes Pilotage Modernization

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Published

September 17, 2024

Effective

October 17, 2024

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

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the different phases of training and types of registrations for Pilots who work on the Great Lakes, eliminates outdated practices and redundant requirements, and adds much needed structure regarding the billing dispute process.

Full Text

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<title>Federal Register, Volume 89 Issue 180 (Tuesday, September 17, 2024)</title>
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 76312-76354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19839]

[[Page 76311]]

Vol. 89

Tuesday,

No. 180

September 17, 2024

Part V

Department of Homeland Security

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Coast Guard

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46 CFR Parts 10, 401, and 402

Great Lakes Pilotage Modernization; Final Rule

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

[[Page 76312]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10, 401, and 402

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

Great Lakes Pilotage Modernization

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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for Pilots who work on the Great Lakes, eliminates outdated practices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

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

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

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Vincent Berg, Coast Guard; telephone 202-906-0835,
email <a href="/cdn-cgi/l/email-protection#7d0b14131e181309531b531f180f1a3d080e1e1a53101411">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

I. Abbreviations

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

II. Basis and Purpose

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

III. Background

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

[[Page 76313]]

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

IV. Discussion of Comments and Changes

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

[[Page 76314]]

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

V. Discussion of the Rule

A. Summary of Changes

This rule makes several changes to 46 CFR parts 401 and 402 to
clarify nomenclature, and to align these regulations with current
practice and with other relevant regulations and plain language
guidelines. The changes are summarized here and discussed in detail,
section-by-section, below.\8\
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\8\ As discussed earlier, this rule also makes one change to 46
CFR part 10.
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The most substantial change is updating the definitions section in
part 401, subpart A. This clarifies the phases of transition through
the registration process and adds definitions for miscellaneous terms
to clarify their application in other subparts.
The Coast Guard also updates each instance of the affected terms,
based on the new definitions that appear elsewhere in parts 401 and
402. Additionally, the Coast Guard changes the application and training
requirements for the different phases of pilotage registration in part
401, subpart B, that follow this progression: ``Applicant,''
``Applicant Trainee,'' ``Apprentice Pilot,'' ``Limited Registration,''
``Full Registration,'' and ``Temporary Registered Pilot.''
The Coast Guard aligns these regulations with current Pilot
training practices and clarifies the obligations that mariner
applicants must fulfill before advancing to the next phase of
registration.
The Coast Guard is changing the regulations covering the
administration of Registered Pilots located in subparts B, C, D, E, and
G and bringing the regulations into conformity with modern Pilot
administrative practices. Many of the specific requirements reference
outdated locations, contact information, and procedures. Those
antiquated references make the regulations difficult to understand, and
these changes bring much needed clarity to the regulations imposed on
Registered Pilots.
The last category of changes is a series of technical amendments
that bring the regulations into conformity with the Federal Plain
Language Guidelines (available at <a href="https://www.plainlanguage.gov/guidelines/">https://www.plainlanguage.gov/guidelines/</a>).
A section-by-section description of the changes follows. Some
sections--Sec. Sec. 401.100, 401.120, 401.300 through 401.340,
401.400, 401.427, 401.430, 401.451, 401.500, 401.615 through 650,
401.700--are not included in these descriptions. This is because the
changes to these sections are technical amendments, like capitalizing
``U.S. Registered Pilots'', or changing the word ``pool'' to ``pilotage
pool'' to be more precise.

B. Definitions

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

[[Page 76315]]

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

[[Page 76316]]

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

[[Page 76317]]

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

C. Updates to Training Requirements for Pilots

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

[[Page 76318]]

phases of Pilot registration. Following is a section-by-section
description of the updates to the Great Lakes Pilotage application and
training requirements. These changes include formatting changes that
will improve the usability and readability of the CFR.
Sec. 401.200 Application for Registration
In Sec. 401.200, the Coast Guard adds the email address,
<a href="/cdn-cgi/l/email-protection#2d6a5f484c59614c46485e7d444142594c4a486d585e4e4a03404441">[email&#160;protected]</a>, and the physical mailing address, Great
Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509,
Washington, DC 20593-7509, to which Applicants for pilotage on the
Great Lakes must submit their Application for Registration as a United
States Registered Pilot (Form CG-4509). We allow either physical mail
or electronic submission of Form CG-4509 to the Director to provide
flexibility to the mariners. This change also provides clear guidance
for where to submit the form.
In this section, the Coast Guard removes the requirement to submit
two full-face photographs when submitting Form CG-4509. The passport
photos are not needed at this stage of the process. Following the
submission of an application and an interview process, passport-style
photos will be requested from the Applicant if they are approved for a
U.S. Great Lakes pilot training and qualification program. The
requirement to submit the photos upon the request of the Director are
in Sec. 401.211(e) for Apprentice Pilots, and in the new Sec.
401.214(e) for Applicant Trainees.
In practice, if the Applicant does not submit the required
application materials, the Coast Guard Great Lakes Pilotage Office
works with the Applicant to obtain the required documentation to meet
the minimum requirements. Once the Applicant provides additional
information and meets the minimum requirements, the approved
application is forwarded to the pilot district(s) requested by the
applicant for consideration. The pilot associations maintain a list of
Applicants who meet the minimum requirements, and they conduct
interviews based on the need for more Pilots and on the applications
provided by the Great Lakes Pilotage Office. If the Applicant is
selected by the association, the association submits a letter to the
Director requesting that the Applicant be placed in that district's
approved training and qualification program.
We are also making a formatting change to this section to remove
paragraph (a)'s designation. All the text within this section is
undesignated. Removing the paragraph (a) designation removes the need
for the unused reserved paragraph (b) within this section. There is no
need for multiple paragraph designations within Sec. 401.200.
Sec. 401.210 Requirements and Qualifications for Full Registration
In paragraph (a)(1), the Coast Guard clarifies that the mariner
must have an MMC with an officer endorsement issued in accordance with
46 CFR subchapter B, part 11. We delete the outdated references to
Title 52 of the Revised Statutes of the United States. We also change
applicants qualifying with ``ocean service'' to applicants qualifying
with ``other than Great Lakes service,'' because mariners may have
different endorsements on their MMC, such as Master-Ocean or Master-
Inland Waters. This change clarifies that applicants qualifying with an
endorsement on their MMC other than Great Lakes service must obtain at
least 6 months of service as a deck officer, or comparable experience,
on the Great Lakes.\9\ We also clarify that the officer experience must
be ``deck'' officer experience. Deck officer experience means that the
mariner is working under the authority of a deck officer endorsement,
in accordance with 46 CFR part 11, subpart D.
---------------------------------------------------------------------------

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

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

[[Page 76319]]

We also allow submission of Form CG-4509 to the email address
<a href="/cdn-cgi/l/email-protection#7334011612073f12181600231a1f1c0712141633060010145d1e1a1f">[email&#160;protected]</a> or to the physical mailing address Great
Lakes Pilotage Office, 2703 Martin Luther King Jr. Ave. SE, Stop 7509,
Washington, DC 20593-7509. Emailing the form could reduce the
administrative burden associated with submitting the form. We also
clarify that the Director will request signed passport-style
photographs from those applying to be an Apprentice Pilot, when needed.
The photographs are not required when submitting Form CG-4509 because
the photos are not needed until the Coast Guard is ready to issue an ID
card.
The Coast Guard also clarifies the issuance of the U.S. Coast Guard
Apprentice Pilot ID Card in paragraph (f). If the applicant meets the
requirements in this section and is selected to be placed in an
association's training program, the association submits a letter to the
Director for approval. If the Director approves placing the applicant
in the training program, the Coast Guard issues the applicant an
Apprentice Pilot ID Card.
The Coast Guard expands the list of circumstances when an
Apprentice Pilot ID Card becomes invalid, adding paragraph (f)(1) to
account for the Director's statutory authority to set validity periods
in 46 U.S.C. 9303(c). At the time of issuance, the Director indicates a
validity period for the card. For example, the Director could coincide
the expiration dates of the ID Card with the dates of the Semi-annual
Performance Evaluation Reports, August 15, and January 15. The other
three existing grounds for expiration for the Apprentice Pilot ID Card
remain substantively the same, including when the Apprentice Pilot is
registered as a Pilot under Sec. 401.210, when the Apprentice Pilot
withdraws from the training program, or when the card is ordered
withdrawn by the Director.
In new paragraph (g), we add a requirement that all Apprentice
Pilots must have a Director-approved individual training plan. The
associations currently provide Director-approved individual training
plans to the Apprentice Pilots as guidance during the approved U.S.
Great Lakes pilot training and qualification program. Our intent is to
codify this current practice in the regulations. As stated in the
definition, an individual training plan outlines the specific
requirements and expectations for each Apprentice Pilot. The individual
training plan provides clear direction for the Apprentice Pilot,
association, and Director regarding the Apprentice Pilot's goals and
progression through the training program. The Apprentice Pilot and the
pilot association record the round trips outlined in the individual
training plan and provide this information to the Director for review.
In paragraph (g), we also clarify that round trips completed as an
Apprentice Pilot count toward the minimum number of round trips
required for Full Registration. Because we did not define round trips
previously, there was confusion for Applicant Trainees and Apprentice
Pilots regarding when their trips did or did not count toward the Full
Registration certification. The trips outlined in the Apprentice
Pilot's individual training plan and conducted with a U.S. Registered
Pilot or Temporary Registered Pilot must be recorded by the Apprentice
Pilot to count toward Full Registration. If the association feels that
the Apprentice Pilot is not ready to provide pilotage services after
completing the required minimum number of round trips outlined in their
individual training plan, the association can require the Apprentice
Pilot to continue conducting round trips until they meet the
association's requirements. Trips completed while an Applicant Trainee
do not count toward the minimum number of round trips.
In addition, the Coast Guard adds new paragraph (h), which requires
associations to conduct Semi-annual Performance Evaluation Reports for
their Apprentice Pilots to assess the Apprentice Pilots' progress in
their training program. The associations currently provide evaluation
reports to the Director that share the Apprentice Pilot's progress in
the approved U.S. Great Lakes pilot training and qualification program
at the district. We codify this current practice in the regulations.
The associations submit these reports to the Director by August 15 and
January 15 of each season.
The report includes recommendations to the Director on whether or
not to keep the Apprentice Pilot in the training program. This report
is intended to evaluate the Apprentice Pilot's progression through
their training and to help keep the Director informed of that progress.
The report provides the Apprentice Pilot necessary feedback to stay on
track with their individual training plan and association expectations.
By requiring a semi-annual report submission to the Coast Guard, all
parties remain informed of the progression of the Apprentice Pilot's
training throughout the Great Lakes. All requests for Apprentice Pilots
and Limited Registrations must contain an endorsement from the pilot
association's training committee or president for the Director's
consideration. A positive endorsement does not guarantee issuance or
renewal by the Director. The Director considers the Apprentice Pilot's
training progress, traffic projections, and other relevant information
when making the decision to issue a certification.
Another requirement at new paragraph (i) is that the Apprentice
Pilot must be enrolled in the association's chemical testing program,
commonly known as drug testing, which meets the requirements of 46 CFR
part 16. We add chemical testing requirements and compliance into these
regulations to ensure that Apprentice Pilots are monitored by the
associations in the interest of maritime safety on the Great Lakes.
In new paragraph (j), the Coast Guard adds procedures for how an
Apprentice Pilot may obtain a Limited Registration. When the Director
determines a need for the Pilot to meet the needs of increased vessel
traffic, a Limited Registration is issued to an Apprentice Pilot who
has completed the requirements in Sec. 401.220(b)(1) and maintained a
favorable performance evaluation in their Semi-annual Performance
Evaluation Reports. The Apprentice Pilot must satisfy the association's
requirements in a specific area or port of the district waters to be
eligible for a Limited Registration, as set out in the Apprentice
Pilot's training plan approved by the Director.
Thereafter, the association requests approval for the Apprentice
Pilot to provide pilotage services in these specific areas without
supervision by a United States Registered Pilot or Temporary Registered
Pilot. If approved, the Director issues the Apprentice Pilot a letter
authorizing Limited Registration for the area requested by the
association. The Apprentice Pilot can provide pilotage services without
supervision in the authorized area and can continue to complete round
trips in other areas and ports as opportunities are provided by the
association. Once all required round trips are completed, per their
individual training plan, a request to the Director may be made to
administer the pilot's written exam to the Apprentice Pilot.
The Director can revoke the Limited Registration if the Director
feels that the association is not providing the Apprentice Pilot
appropriate training time to complete the remaining trips left in the
district waters. Limited Registrations are valid for as long as the
Director determines is necessary.
Last, we add new paragraph (k), which states requirements for when
an Apprentice Pilot may be eligible for a Certificate of Registration.
These

[[Page 76320]]

requirements are distinct from the requirements for Applicant Trainees
contained in Sec. 401.214, and they reflect the value of an Apprentice
Pilot's experience. The four requirements are: completion of a
Director-approved Great Lakes pilot association's individual training
program; an endorsement from the association; receipt of a passing
grade on the Director's exam; and a determination by the Director that
there is a need for an additional Pilot in that association. These
requirements exist in practice and are referenced throughout parts 401
and 402. We codify them here to clarify to the Apprentice Pilot and to
the associations what conditions are necessary to reach Full
Registration.
Sec. 401.214 Training Requirements for Applicant Trainees
In this new section, we outline the requirements for Applicant
Trainees. This section codifies the Director's authority to determine
the number of Applicant Trainees needed in training at a time for each
association to ensure enough U.S. Registered Pilots in that district.
This authority is exercised in the ratemaking update every year, but
this rule codifies it.
The requirements for Applicant Trainees are similar to those for
Apprentice Pilots, but Applicant Trainees do not require any prior
Great Lakes service experience. The Applicant Trainee must be a U.S.
citizen, of good moral character and temperate habits, physically
competent, available for service, under the age of 60, in compliance
with the chemical testing requirements, and have a Radar Observer-
Unlimited endorsement on their MMC.
The Applicant Trainee is required to obtain at least 6 months of
service as a credentialed officer on the Great Lakes, or comparable
experience, before being considered for Apprentice Pilot. An Applicant
Trainee trains under the supervision of a U.S. Registered Pilot or
Temporary Registered Pilot. This section in paragraph (d) states that
the Director must approve the Pilots designated to provide training to
Applicant Trainees, as an oversight measure. When an Applicant Trainee
conducts trips with a U.S. Registered Pilot or Temporary Registered
Pilot to complete the 6-month familiarization requirement, or
comparable experience on the Great Lakes, the round trips do not count
toward Full Registration certification.
Applicant Trainees who meet the minimum requirements set forth in
this section are required to receive an endorsement from the pilot
association's training committee or the president for the Director's
consideration. A positive endorsement does not guarantee issuance or
renewal by the Director. The Director considers the Applicant Trainee's
progress, traffic projections, and other relevant information when
making the decision to issue a certification.
We clarify that the Applicant Trainee must submit Form CG-4509 to
the email address, <a href="/cdn-cgi/l/email-protection#88cffaede9fcc4e9e3edfbd8e1e4e7fce9efedc8fdfbebefa6e5e1e4">[email&#160;protected]</a>, or to the physical
mailing address, Great Lakes Pilotage Office, 2703 Martin Luther King
Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509. The Director
requests the signed passport-style photographs when they are needed,
but they do not need to be submitted with the application. The Coast
Guard does not need the photos until issuing the ID card.
Applicant Trainees selected by the association and approved by the
Director are issued a U.S. Coast Guard Applicant Trainee ID Card. The
card remains valid until the earliest expiration date set by the
Director, the date the Applicant Trainee is registered as an Apprentice
Pilot, the date the Applicant Trainee withdraws from the training
program, or the date the Director orders the card returned.
Sec. 401.220 Registration of Pilots
The Coast Guard removes the 1-year time limit in Sec. Sec.
401.220(b)(1) and 402.220(a) for Apprentice Pilots to complete their
round trips, and instead allows the applicable time limit to be
specified in an Apprentice Pilot's individual training plan. Due to
limited vessel traffic in some districts and ports, some Apprentice
Pilots are not able to complete the required number of training trips
in 1 year. This change allows Apprentice Pilots more time to complete
these trips, in accordance with their individual training plan.
Currently, training takes 2 to 3 years, on average, depending on which
MMC endorsements the Apprentice Pilot holds and how quickly they
satisfy the requirements set forth by the association and approved by
the Director. This change is in accordance with GLPAC subcommittee
recommendations 4 and 5, described in the ``GLPAC Subcommittee
Teleconference Meeting Minutes'' from March 5, 2018, and adopted at the
GLPAC Teleconference meeting on April 11, 2018.\10\
---------------------------------------------------------------------------

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

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

D. Administration of Great Lakes Pilots

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

[[Page 76321]]

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

[[Page 76322]]

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

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

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

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

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

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

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

[[Page 76323]]

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

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

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

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

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

[[Page 76324]]

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

E. Technical Revisions Throughout Parts 401 and 402

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

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

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

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

[[Page 76325]]

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

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

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

[[Page 76326]]

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

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

[[Page 76327]]

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

[[Page 76328]]

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

[[Page 76329]]

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

[[Page 76330]]

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

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

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

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

[[Page 76331]]

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

[[Page 76332]]

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

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

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

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

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

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

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

[[Page 76333]]

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

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

\24\ The loaded wage of $113.95 (rounded) comes from the base
hourly wage of $68.55 for a GS-14 Step 5 from the DC region,
multiplied by a load factor of 1.66, per <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf</a>. To calculate the load factor of 1.66, we divide total
hourly compensation for workers with master's degrees as shown in

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