[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67966-67984]
[FR Doc No: 2023-21560]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 11

[Docket No. USCG-2020-0492]
RIN 1625-AC64

Towing Vessel Firefighting Training

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing this final rule to revise the
training requirements for national Merchant Mariner Credential
endorsements as master of towing vessels (limited) or mate (pilot) of
towing vessels on inland waters or Western Rivers routes. Consistent
with recommendations from two Federal advisory committees, this rule
gives mariners seeking these endorsements the option of taking a
modified basic firefighting course. That course excludes training on
equipment that is not required to be carried on towing vessels
operating on inland waters or the Western Rivers. Applicants who take
the modified basic firefighting course will reduce their costs because
it is shorter and less expensive than the basic firefighting course.

DATES: This final rule is effective April 1, 2024.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type USCG-2020-0492
in the search box, and click ``Search.'' Next, in the Document Type
column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. James Cavo, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CG-MMC Coast Guard Office of Merchant Mariner Credentialing
DHS Department of Homeland Security
FR Federal Register
GS General Schedule
GRT Gross register tons
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and Documentation
NAICS North American Industry Classification System
NMC National Maritime Center
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection Circular
OMB Office of Management and Budget
OPM Office of Personnel Management
RA Regulatory analysis
SMS Safety management system
Sec.  Section
SME Subject matter expert
STCW Convention International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as Amended
STCW Code Seafarer's Training, Certification and Watchkeeping Code,
as Amended
TSAC Towing Safety Advisory Committee
U.S.C. United States Code

II. Basis and Purpose, and Regulatory History

    The legal basis of this rule is Title 46 of the United States Code
(U.S.C.) Section 7101, which authorizes the Secretary of the Department
of Homeland Security (DHS) to establish the experience and professional
qualifications required for the issuance of Merchant Mariner
Credentials (MMCs) with officer endorsements. The DHS Secretary has
delegated the rulemaking authority under 46 U.S.C. 7101 to the Coast
Guard through DHS Delegation No. 00170.1(II)(92)(e), Revision No. 01.3.
Additionally, 14 U.S.C. 102(3) grants the Coast Guard broad authority
to promulgate and enforce regulations for the promotion of safety of
life and property on waters subject to the jurisdiction of the United
States, which includes establishing the experience and professional
qualifications required for the issuance of credentials.
    The purpose of this rule is to amend title 46 of the Code of
Federal Regulations (CFR), section 11.201, paragraph (h)(3) by
providing mariners seeking a national officer endorsement as master of
towing vessels (limited) \1\ or mate (pilot) \2\ of towing vessels on
inland waters or Western Rivers routes the option of taking a modified
basic firefighting course instead of a basic firefighting course. The
modified basic firefighting course eliminates training on equipment
that is not required to be carried on towing vessels operating on
inland waters or Western Rivers.\3\ Applicants who take the modified
basic firefighting course would reduce their costs due to the course
being shorter and less expensive than the basic firefighting course.
Mariners who will not be working solely on Western Rivers or inland
waters other than the Great Lakes will still be required to complete a
basic firefighting course. The Coast Guard anticipates this modified
basic firefighting course will have a total of 12 hours of classroom
and practical training instead of a total of 16 hours for the basic
firefighting course.
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    \1\ An endorsement as a master of towing vessels (limited)
authorizes service as a master (the person in command of the vessel)
to work on a towing vessel in a limited local area within inland
waters or Western Rivers (e.g., master of towing vessels (limited)
restricted to the Lower Mississippi River mile marker 775.0 to mile
marker 850.0).
    \2\ ``Mate'' means a qualified deck officer other than the
master. On towing vessels on inland waters or Western Rivers,
``pilot'' also refers to a qualified deck officer other than the
master. The terms ``mate'' and ``pilot'' refer to the same position
on the vessel and usage varies based on company and regional
preference.
    \3\ Throughout this rule, the term modified basic firefighting
course describes the basic firefighting course required by 46 CFR
11.201(h)(3), modified to eliminate training on equipment that is
not required to be carried on towing vessels operating on inland
waters or Western Rivers routes.
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    On September 1, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Towing Vessel Firefighting
Training'' (86 FR 48925), requesting comments on the proposal to revise
the training requirements for national MMC endorsements as master of
towing vessels (limited) or mate (pilot) of towing vessels on inland
waters or Western Rivers routes. A detailed description of the
background and discussion of the proposed changes can be found in the
NPRM.

III. Background

    Coast Guard regulations in 46 CFR part 11, subpart B, contain
merchant mariner credentialing requirements for national and
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as Amended (STCW Convention) officer
endorsements. Currently, the regulations in 46 CFR 11.201(h)(3)(ii)
require mariners seeking national officer endorsements as master or
mate (pilot) of towing vessels on routes other than oceans \4\ to
complete a Coast Guard-approved firefighting course that meets the
basic firefighting training requirements in Regulation VI/1 of the STCW
Convention and Table A-VI/1-2 \5\ of the Seafarer's Training,
Certification and Watchkeeping Code, as Amended (STCW Code). Basic
firefighting training ensures that mariners have the skills to contain
small fires before they can spread, leading to injury, death, property
damage, or becoming a larger marine hazard.
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    \4\ For the purposes of this final rule, we refer to ``routes
other than oceans'' as near-coastal, Great Lakes, inland waters, and
Western Rivers.
    \5\ Regulation VI/1 of the STCW Convention and Table A-VI/1-2 of
the STCW Code provides the competence requirements for basic
firefighting.
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Federal Advisory Committee Recommendations

    The Coast Guard received requests from industry to review the
appropriateness of the basic firefighting training requirement for
towing vessel endorsements. As a result, the Coast Guard tasked two
Federal Advisory Committees, the Merchant Marine Personnel Advisory
Committee (MERPAC) \6\ and the Towing Safety Advisory Committee (TSAC)
\7\ with reviewing the basic firefighting training requirements, while
taking into consideration the equipment carried on towing vessels
operating on inland waters and Western Rivers routes.
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    \6\ See ``Merchant Marine Personnel Advisory Committee (MERPAC)
Task Statement #95, Inland Firefighting, Draft Report,'' September
14, 2016. This report is available at: https://homeport.uscg.mil/Lists/Content/Attachments/709/Enclosure%207%20Task%20Statement%2095%20%20Inland%20Firefighting.pdf.
 This report was last accessed on April 24, 2023.
    \7\ See ``Towing Safety Advisory Committee, Task 16-02,
Recommendations Regarding Firefighting Training Requirements for
Officer Endorsements for Master, Mate (Pilot) of Towing Vessels,
Except Assistance Towing and Apprentice Mate (Steersman) of Towing
Vessels, Inland Service Final Report,'' March 21, 2018. This report
is available at: https://homeport.uscg.mil/Lists/Content/Attachments/799/TSAC%20Task%2016-02%20Inland%20Firefighting%20Final-03212018.pdf. This report was last accessed on April 24, 2023.
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    In their recommendations to the Coast Guard, both MERPAC and TSAC
commented that the basic firefighting requirements in Sec.
11.201(h)(3)(ii) are based on equipment found on deep-sea vessels and
not on vessels operating on inland waters or Western Rivers. In
addition, TSAC identified equipment covered in the basic firefighting
training requirements, contained in Table A-VI/1-2 of the STCW Code,
that is not required to be carried on towing vessels operating on
inland waters or Western Rivers.\8\ They noted that nowhere in 46

CFR subchapter M, ``Towing Vessels,'' part 142, ``Fire Protection,'' is
there a requirement for towing vessels operating on inland waters or
Western Rivers to be equipped with firefighters' outfits or self-
contained breathing apparatus (SCBA). Because the basic firefighting
training in Sec.  11.201(h)(3)(ii) requires mariners seeking national
officer endorsements for master or mate (pilot) of towing vessels to
become proficient with equipment that is not required to be carried
onboard the vessels they intend to operate, MERPAC and TSAC both
recommended that the content of firefighting training be modified for
these mariners.
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    \8\ Id. at 7.
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Public Input

    In 2017, the Coast Guard sought comments on regulations, guidance
documents, and interpretative documents that the public believed should
be repealed, replaced, or modified.\9\ The Coast Guard received public
input from a trade association representing the towing industry
regarding the basic firefighting training for endorsements as master or
mate (pilot) of towing vessels. The trade association suggested that
the training requirement is excessive because the current towing vessel
regulations in Sec. Sec.  27.209 and 142.245 require company provided
firefighting instruction and drills. The trade association recommended
that the Coast Guard eliminate the basic firefighting training
requirement in Sec.  11.201(h)(3)(ii) for national officer endorsements
as master or mate (pilot) of towing vessels on inland waters and
Western Rivers. The Coast Guard agrees in part with the recommendation
from this trade association. Approved firefighting training is
necessary, but we agree that these mariners should not have to train
using equipment that is not required to be carried aboard the towing
vessels on which they will serve.
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    \9\ See Coast Guard Request for Information entitled,
``Evaluation of Existing Coast Guard Regulations, Guidance
Documents, Interpretative Documents, and Collections of
Information'' (82 FR 26632, June 8, 2017). This document is
available at: https://www.regulations.gov/document?D=USCG-2017-0480-0001. This website was accessed on April 24, 2023.
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    With this final rule, applicants seeking national officer
endorsements as master of towing vessels (limited) or mate (pilot) of
towing vessels on inland waters or Western Rivers will have the option
of taking a modified basic firefighting course that excludes training
on equipment that is not required to be carried on their vessels.
    This change applies to applicants for national MMC endorsements as
master of towing vessels (limited) and mate (pilot) of towing vessels
on inland waters or Western Rivers routes. Applicants seeking an
endorsement as master of towing vessels must have completed
firefighting training when they obtain one of the endorsements that are
a prerequisite to qualifying for master of towing vessels. The modified
basic firefighting training required by Sec.  11.201(h)(3) will have to
be approved by the Coast Guard in accordance with the requirements of
Sec. Sec.  10.402 and 10.403. This change will provide an opportunity
for training providers to develop a Coast Guard-approved modified basic
firefighting course for applicants for national MMC endorsements as
master of towing vessels (limited) and mate (pilot) of towing vessels
on inland waters or Western Rivers routes.

Delayed Effective Date

    The Coast Guard is delaying the effective date of this rule by 180
days. This delay will allow time for training providers to develop a
modified basic firefighting course, and for the Coast Guard to evaluate
and approve the course.\10\ Training providers wishing to obtain
approval for a modified basic firefighting course may develop and
submit their course for approval before the effective date of this
final rule.
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    \10\ Courses are evaluated and approved by the Coast Guard's
National Maritime Center (NMC) Mariner Training & Assessment
Division, which, from 2018 to 2022, reports a course approval
average annual net processing time of approximately 76 days. Course
approvals are valid for 5 years, as specified in 46 CFR 10.402(d).
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    This rule will result in a one-time cost to training providers for
developing and submitting requests for original approval of a modified
basic firefighting course, and a one-time cost to the Coast Guard for
reviewing and approving these courses. Under existing Sec.  10.402(d)
and (f), there will be ongoing costs to both the training providers and
the Coast Guard every 5 years to request renewal of the course
approval.\11\ Applicants who take a modified basic firefighting course
will receive cost savings due to the course being shorter and less
expensive than the basic firefighting course.
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    \11\ Approved courses are valid for 5 years from the date of
Coast Guard approval. Before the course approval expires, the
training provider must seek a course approval renewal to continue to
offer the course.
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IV. Discussion of Comments

    The Coast Guard received eight submissions by the public in
response to the NPRM published on September 1, 2021. Comments came from
towing vessel operators, a national trade association, and individual
mariners. The following discussion contains an analysis of comments
received. The Coast Guard appreciates all comments on this matter.

Comments in Support of the Proposal

    Five commenters agreed that mariners who will serve on towing
vessels on inland waters and Western Rivers should not be required to
receive training on equipment that is not required to be carried aboard
the vessels upon which they will serve. The Coast Guard acknowledges
these comments.

Comments Opposed to the Proposal

    One commenter opposed the proposed change because a mariner could
possibly serve on a vessel that is carrying equipment not required
aboard the vessel and would not have received the necessary training in
its safe and proper use. To help reduce ``loopholes and lapses in
training,'' the commenter believes the current firefighting training
should not be reduced.
    The Coast Guard appreciates this concern but disagrees that
firefighting training for towing vessels on inland waters or Western
Rivers should include training on equipment that is not required to be
carried aboard those vessels. Formal training provides mariners with a
basic knowledge and understanding of firefighting. This will provide a
foundation that can be supplemented with shipboard drills and
familiarization to ensure mariners can safely and effectively use the
firefighting equipment aboard their vessels. A modified basic
firefighting course, supplemented by the familiarization requirements
in 46 CFR 15.405 and the training and drill requirements in 46 CFR
27.205 and 142.245, is sufficient to ensure that mariners serving on a
vessel carrying equipment that is not required to be aboard the vessel
would be able to use the equipment safely and effectively.

Duration of the Modified Basic Firefighting Course

    Two commenters agreed that the modified basic firefighting course
should be 12 hours in length, or ``one full day.'' The Coast Guard
agrees the course duration should be 12 hours but notes that it will
not approve a course that provides 12 hours of training in a single
day. A 12-hour modified basic firefighting course will have to be given
over 2 days.
    Three commenters stated that the modified basic firefighting course
should be 8 hours in duration. One commenter noted that a 12-hour
course would not be cost effective when travel

costs and availability of training providers is considered. One of the
commenters also stated that an 8-hour course would be adequate, as
crewmembers have participated in ongoing firefighting instruction and
drills throughout their careers.
    The Coast Guard disagrees with the assessment that an 8-hour course
would be adequate. Eight hours is not sufficient to achieve the
intended level of competence. In reaching this determination, we
reviewed the curricula of several Coast Guard-approved basic
firefighting courses, as well as the current edition of the
International Maritime Organization's Model Course 1.20, Fire
Prevention and Fire Fighting. These courses are each 16 hours in
duration. We identified the time spent in these courses using equipment
that is not required to be carried on towing vessels operating on
inland waters or Western Rivers and determined that a course length of
approximately 12 hours was appropriate. In addition, we disagree the
duration can be shortened based on a subjective assumption that
trainees have participated in drills and instruction during their
careers. We do not consider drills to be equivalent to approved
training involving live fire and other scenarios that cannot be safely
conducted aboard a vessel.

Content of the Modified Basic Firefighting Course

    Two commenters stated that the content of the firefighting course
should not include equipment that is not required on towing vessels
operating on inland waters and Western Rivers (for example, SCBAs and
fire suits). The commenters stated that the modified course should
focus on fire principles, basic firefighting strategies and tactics,
fire risks, use of portable and semi portable fire extinguishers, fire
communication-general alarms and detectors, handling and operating fire
pumps and hydrants, types and function of fixed firefighting systems,
and significant focus on managing a team for handling a fire emergency.
    The Coast Guard agrees. The modified basic firefighting course will
not include training on equipment that is not required to be carried
aboard towing vessels operating on inland waters or Western Rivers. We
agree that the training should focus on the use of equipment that is
required to be carried, as well as the other factors cited by the
commenters.

Alternatives to a Coast Guard-Approved Course

    Five commenters stated the Coast Guard should accept company
provided training and drills under 46 CFR subchapter M in lieu of
requiring completion of a Coast Guard-approved course. The commenters
noted this training would be included in, and audited under, the
company's safety management system (SMS).
    The Coast Guard disagrees. The inclusion of a company provided
firefighting training in an SMS would not ensure an adequate review and
oversight of the required training. A Coast Guard-approved course for
firefighting will ensure the curriculum is reviewed by qualified
subject matter experts (SMEs) and follows sound and accepted training
methodology. Coast Guard-approved training also entails more focused
audits and oversight than if training were provided as a small part of
a much larger SMS.
    In addition, it is common for mariners to work on different vessels
and for different companies. There is a need for the common
foundational training that a Coast Guard-approved course provides. A
company provided training may supplement, but not replace, approved
firefighting training.

Company Provided Courses

    One commenter noted that companies should be able to assemble a
curriculum and submit it for approval of the course. This curriculum
may include in-house trainers or trainers from local fire departments
familiar with onboard firefighting tactics and equipment. The Coast
Guard agrees. A company may develop and obtain Coast Guard approval for
a course that employs facilities and staff from local fire departments.
    The same commenter stated that a towing company should be able to
assemble a curriculum that meets the expectations, needs, and standards
for the course material and have that training curriculum audited as
part of their SMS. The Coast Guard agrees in part. We agree that
companies may develop their own course and obtain Coast Guard approval.
However, we disagree with the suggestion that this training could be
audited as part of the company's SMS. When reviewing training, an SMS
audit will generally review whether crew members have completed their
required training, not the content of the training or its efficacy.
    Three commenters suggested that documentation of the appropriate
training by the company should be an acceptable proof of training, like
what is used to prove sea service ``letters of designation'' for those
who fuel towboats. The Coast Guard disagrees. The modified basic
firefighting course should be and audited by or on behalf of the Coast
Guard as specified in 46 CFR part 10, subpart D. The audit of approved
training will ensure that previously reviewed and approved curricula
are adhered to, and are consistent with, sound educational methodology
and accepted industry standards and practices.

Firefighting Response by Crews of Towing Vessels on Inland Waters and
Western Rivers

    Two commenters noted that, unless an onboard fire is readily
containable, firefighting is left to trained emergency responders
instead of the crew. If a boat's crew uses a fire extinguisher and the
fire cannot be contained, they are instructed to get off the vessel
once safe harbor is reached.
    The Coast Guard disagrees that this strategy is appropriate in all
fire emergencies. There may be situations where it is not safe or
feasible to secure and abandon the towing vessel awaiting response from
shore-based firefighters. The best first response is that provided by
the towing vessel's crew, under the direction of a trained officer. A
Coast Guard-approved modified basic firefighting course will increase
the likelihood that a towing vessel's crew can make an effective first
response and extinguish or contain a fire.
    One commenter stated that many, if not most, towing vessels on
inland waters and Western Rivers are ``dinner bucket'' boats, and on
these vessels, only one officer is aboard, and that individual must
remain at the helm to control the vessel. In the event of a fire
emergency onboard, they must seek a safe harbor to secure the vessel so
that the crew can escape.
    The Coast Guard disagrees that this is reason to not require
completion of a modified basic firefighting course. The national
officer endorsements of master of towing vessels, master of towing
vessels (limited), and mate (pilot) of towing vessels do not restrict a
mariner to working on a vessel day boat or ``dinner bucket'' boat that
only operates 12 hours per day, and a mariner must be appropriately
trained and qualified for all vessels their credential authorizes them
to serve upon. In addition, we do not agree that the only response for
a day boat or ``dinner bucket'' boat is to navigate the vessel to a
location where the crew can abandon the vessel and call shore-based
responders. Regardless of the crew size or the vessel's operating
schedule, having officers complete a

Coast Guard-approved modified basic firefighting course will increase
the likelihood that they can effectively respond in a fire emergency,
and can direct the vessel's crew to make an effective first response
and extinguish or contain a fire.

V. Discussion of the Rule

Amendments to 46 CFR 11.201(h), Firefighting Certificate

    The Coast Guard is amending Sec.  11.201(h), which requires
mariners seeking national officer endorsements to present a certificate
of completion from a Coast Guard-approved firefighting course.
    The Coast Guard amends paragraph (h)(1) by adding language stating
that the firefighting certificate of completion must be ``relevant to
the endorsement being sought.'' The Coast Guard is making this change
to ensure that mariners are required to provide evidence of completing
the appropriate firefighting training for the endorsement they are
applying for.
    We are also making several changes to paragraph (h)(3), which
contains a list of national officer endorsements that require
completion of basic firefighting training in accordance with Regulation
VI/1 of the STCW Convention and Table A-VI/1-2 of the STCW Code. We
modify the start of paragraph (h)(3)(i) by adding ``all'' in front of
``officers'' to make it consistent with the terminology used in
paragraphs (h)(3)(ii) through (iv). We revise paragraph (h)(3)(ii) to
specify the requirements for officer endorsements for master or mate
(pilot) of towing vessels, except apprentice mate (steersman) of towing
vessels, for service on near-coastal waters. We add new paragraphs
(h)(3)(iii) and (h)(3)(iv) to list the specific waters covered by the
phrase, ``in all services except oceans.'' New paragraph (h)(3)(iii)
specifies the requirements for officer endorsements for master or mate
(pilot) of towing vessels, except apprentice mate (steersman) of towing
vessels, for service on the Great Lakes. New paragraph (h)(3)(iv)
specifies the requirements for officer endorsements for master or mate
(pilot) of towing vessels, except apprentice mate (steersman) of towing
vessels, for service on inland waters or Western Rivers.
    Mariners seeking a national officer endorsement as master or mate
(pilot) of towing vessels authorized for service on near-coastal waters
or on the Great Lakes will still need to complete the basic
firefighting training referenced in paragraph (h)(3). A modified basic
firefighting course is not appropriate for mariners operating on towing
vessels on near-coastal waters or on the Great Lakes for two reasons:
(1) near-coastal waters and Great Lakes towing vessels may carry the
equipment omitted from a modified towing vessel firefighting course,
and (2) near-coastal waters and Great Lakes towing vessels operate
farther from the shore, where firefighting assistance is not as readily
available as it is on inland waters or Western Rivers.
    New paragraph (h)(3)(iv)(A) provides mariners the option of
completing a modified basic firefighting course for a national officer
endorsement as master or mate (pilot) of towing vessels on inland
waters or Western Rivers. The course must be a Coast Guard-approved
modified basic firefighting course that does not include training on
equipment not required to be carried aboard towing vessels for service
on inland waters or Western Rivers. When approving a modified course,
the Coast Guard will consider the requirements of 46 CFR subchapter M,
parts 140 and 142, in determining the content to achieve proficiency in
firefighting consistent with the equipment available onboard towing
vessels on inland waters or Western Rivers. The Coast Guard anticipates
this modified basic firefighting course will have a total of 12 hours
of classroom and practical training instead of a total of 16 hours for
the basic firefighting course.
    Currently, national officer endorsements for towing vessels serving
on the Great Lakes and inland waters are issued as one route. In new
paragraph (h)(3)(iv)(A), language is added to allow separation of these
routes so that a mariner who completes a modified basic firefighting
course could be issued an endorsement restricted to inland waters or
Western Rivers.
    New paragraph (h)(3)(iv)(B) specifies that a mariner who qualifies
for an endorsement by completing a modified basic firefighting course
will be required to complete the basic firefighting course required in
paragraph (h)(3) for an increase in scope \12\ of the endorsement to
add a Great Lakes or near-coastal waters route. For an increase in
scope to add oceans routes, a mariner will need to complete both the
basic firefighting course required in paragraph (h)(3) and the advanced
firefighting course required in paragraph (h)(2).
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    \12\ Increase in scope means additional authority added to an
existing credential, such as adding a new route or increasing the
authorized horsepower or tonnage. (46 CFR 10.107).
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Other Changes

    In the NPRM, we proposed to change the 46 CFR part 11 authority
citation from 14 U.S.C. 503 to 14 U.S.C. 102(3). After publication of
the NPRM in the Federal Register, the Coast Guard determined it is
still appropriate to reference ``14 U.S.C. 503.'' Title 14 U.S.C. 503
states: ``the [DHS] Secretary may promulgate such regulations and
orders as he deems appropriate to carry out the provisions of this
title or any other law applicable to the Coast Guard.'' We are only
making one change to the authority citation for part 11 to refer to
change 3 to DHS Delegation number 00170.1.
    Section 11.201(l) is revised to allow the Coast Guard to modify
training in addition to the service or examination requirements for an
endorsement. The change is needed in order to allow for the option of
the modified basic firefighting course for a national officer
endorsement as master or mate (pilot) of towing vessels on inland
waters or Western Rivers routes.
    Additionally, we refined our amendatory instructions to the
regulatory text that we proposed in the NPRM.

VI. Regulatory Analyses

    The Coast Guard received eight comment submissions during the 60-
day comment period that ended on November 1, 2021. We received one
public comment regarding the travel cost savings associated with the
12-hour modified basic firefighting course implemented by this final
rule which we did not analyze for the NPRM. We have since analyzed the
travel cost savings associated with the implementation of the 12-hour
course and revised the total estimated cost savings for this final
rule. Beyond this, the methodology employed in the regulatory analysis
is unchanged.
    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below, we summarize our
analyses based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, OMB has not reviewed it. A regulatory
analysis (RA) follows.
    As discussed earlier in the preamble, this rule provides applicants
for an MMC endorsement as master of towing vessels (limited) or mate
(pilot) of towing vessels on inland waters or Western Rivers routes the
option to take a modified basic firefighting course instead of the
basic firefighting course. Specifically, this firefighting course
eliminates training on firefighting equipment that is not required to
be carried on towing vessels operating on inland waters or Western
Rivers routes. Because the modified firefighting course is expected to
be shorter in duration and lower in cost than a basic firefighting
course, we anticipate eligible mariners will take the modified course.
    We estimate that this rule will result in a 10-year net cost
savings of $1,301,133, or $185,252 annualized, in 2021 dollars,
discounted at 7 percent. The annualized cost savings for mariners is
approximately $189,869 in 2021 dollars, discounted at 7 percent. The
savings stem from reduced hours spent in training and reduced tuition
for firefighting training necessary for an endorsement as master
(limited) or mate (pilot) of towing vessels on inland waters or Western
Rivers routes.\13\
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    \13\ Operating on the Great Lakes is treated separately from
operating on inland waters or Western Rivers. Routes on the Great
Lakes would require the same firefighting training as near-coastal
routes.
---------------------------------------------------------------------------

    We estimate that this rule will result in a one-time cost to
training providers to develop a modified basic firefighting course and
submit the course to the Coast Guard for approval. There will also be a
one-time cost to the Government resulting from Coast Guard employees
reviewing and approving these new courses. Under existing 46 CFR
10.402(d) and (f), there will be ongoing costs to both the training
providers and the Government every 5 years to renew the modified basic
firefighting course. We anticipate training providers that offer the
modified basic firefighting course to also continue to provide a basic
firefighting course, because these courses would serve additional
markets.
    In the first year, we estimate the costs (in 2021 dollars) to
training providers will be $8,738, and the cost to the Government will
be $16,669. These costs will not recur after the first year, but there
will be ongoing costs for renewal of course approvals every 5 years,
resulting in costs to training providers of $1,047 and costs to the
Government of $11,981. The 10-year net cost savings will be $1,301,133,
or $185,252 annualized, in 2021 dollars, discounted at 7 percent. We do
not estimate that there will be any reduction in safety or benefits
between the current basic firefighting training and a modified
firefighting training, as the modified training would be better suited
for the equipment common to the relevant towing vessels. Table 1
summarizes these results. In the following subsections, we describe the
changes, the affected population, the potential costs, the potential
cost savings, and the qualitative benefits in further detail.

                Table 1--Summary of the Rulemaking Impact
------------------------------------------------------------------------
               Category                             Summary
------------------------------------------------------------------------
Applicability........................  Update title 46 CFR part 11 to
                                        permit a modified basic
                                        firefighting course for national
                                        endorsements as master and mate
                                        (pilot) of towing vessels on
                                        inland waters or Western Rivers
                                        routes.
Affected Population..................  An estimated 23 training
                                        providers and 485 applicants for
                                        master (limited) or mate (pilot)
                                        towing vessels will take a
                                        modified firefighting course to
                                        qualify for their endorsement.
                                        This is a one-time training
                                        requirement for mariners.
Costs to Training Providers ($, 7%     One-time costs: $8,738 (first
 discount rate).                        year).
                                       Recurring costs: $1,047 every 5
                                        years.
Costs to the Government ($, 7%         One-time costs: $16,669 (first
 discount rate).                        year).
                                       Recurring costs: $11,981 every 5
                                        years.
Cost Savings for Applicants ($, 7%     10-year: $1,333,558.
 discount rate).                       Annualized: $189,869.
Qualitative Benefits.................  Firefighting courses that are
                                        more tailored to the credential
                                        endorsement.
------------------------------------------------------------------------

Changes From NPRM to Final Rule
    In addition to population data updates that create small increases
in the cost savings reported in the final rule, the Coast Guard also
identified previously unrealized cost savings in the NPRM that are now
being realized in the final rule. We derive our newly realized cost
savings from an analysis of travel costs associated with the 12-hour
modified basic firefighting course. One commenter to the NPRM believes
that a 12-hour course would not be cost effective when travel costs are
considered. In an examination of travel cost savings, we determined
that the 12-hour course established by this rule will also create
travel cost savings that were previously unrealized in the NPRM. See
Appendix A: Analysis of Cost Savings Associated with Public Comment
Alternatives (section 3.2, 3.3, and 3.4) in the docket for a detailed
analysis of these additional cost savings, as well as an examination of
the cost savings associated with an 8-hour modified course as proposed
by public commenters.
    Furthermore, the Coast Guard is delaying the effective date of the
final rule by 180 days to allow time for training providers to develop,
and the Coast Guard to approve, the new modified basic firefighting
course. Table 2 summarizes this and other changes from the NPRM to the
final rule.

                               Table 2--Summary of Changes From NPRM to Final Rule
----------------------------------------------------------------------------------------------------------------
       Element of the analysis                   NPRM                  Final rule         Resulting change in RA
----------------------------------------------------------------------------------------------------------------
Master (Limited) and Mate (Pilot)      Calculated 440 inland    Calculated 485 inland    This increase in number
 Applicant Data.                        and Western Rivers       and Western Rivers       of affected applicants
                                        master (limited) and     master (limited) and     will lead to increased
                                        mate (pilot)             mate (pilot)             total and annualized
                                        applicants on average    applicants on average    cost savings.
                                        from 2016-2019 data.     from updated 2016-2019
                                                                 data \14\.
Inland Waters and Western Rivers       1,265 total towing       5,013 total towing       This does not create a
 Towing Vessel Data.                    vessels. 900 of 1,265    vessels. 3,552 of        change in the number
                                        towing vessels           5,013 towing vessels     of affected master
                                        operating on the Great   operating on the Great   (limited) and mate
                                        Lakes, inland waters,    Lakes, inland waters,    (pilot) applicants
                                        or Western Rivers. 5     or Western Rivers. 5     each year due to a
                                        percent, or 45           percent, or 169          consistent percentage
                                        vessels, listed as       vessels, listed as       of inland waters and
                                        operating on the Great   operating on the Great   Western Rivers towing
                                        Lakes, meaning 95        Lakes, meaning 95        vessels from the total
                                        percent, or 855          percent, or 3,383        population.
                                        vessels, employ          vessels, employ
                                        mariners eligible to     mariners eligible to
                                        take the modified        take the modified
                                        basic firefighting       basic firefighting
                                        course.                  course \15\.
Cost Savings Associated with a 12-     Cost savings resulting   Cost savings resulting   We report additional
 hour Modified Basic Firefighting       from reduced tuition     from reduced tuition,    annualized
 Training Course.                       and course time.         course time, and a       undiscounted cost
                                                                 reduction in travel      savings by including
                                                                 expenses for             previously unrealized
                                                                 applicants driving to    cost savings for
                                                                 and lodging near a       applicants who would
                                                                 training provider.       drive and lodge near a
                                                                                training provider.\16\
Delayed Effective Date of Rule.......  No delay in effective    Effective date of rule   This change does not
                                        date of rule.            delayed by 180 days to   impact our cost
                                                                 allow time for           savings estimates. In
                                                                 training providers to    this final rule, we
                                                                 develop and Coast        are delaying the rule
                                                                 Guard to approve new     by 180 days to help
                                                                 modified basic           accommodate the time
                                                                 firefighting courses.    needed to develop and
                                                                                approve the courses,
                                                                                but we do not
                                                                                anticipate courses
                                                                                will be readily
                                                                                available for the
                                                                                affected population of
                                                                                mariners within the
                                                                                first year of
                                                                                analysis, which is
                                                                                consistent with our
                                                                                assumption in the
                                                                                NPRM.
----------------------------------------------------------------------------------------------------------------

Description of Regulatory Changes
    This rule results in two changes that have potential costs and
potential cost savings. First, training providers will have the
opportunity to develop a modified firefighting course and submit the
course to the Coast Guard for approval. Consequently, this rule will
initially result in costs to training providers for developing the
course, and to the Federal Government for reviewing and approving the
modified basic firefighting course. Second, applicants will likely
experience cost savings by taking a shorter and less costly modified
basic firefighting course rather than the longer basic firefighting
course.
---------------------------------------------------------------------------

    \14\ This increase in the number of inland waters and Western
Rivers master (limited) and mate (pilot) applicants was caused by
historical data changes within the Merchant Mariner Licensing and
Documentation (MMLD) database. These changes are often attributed to
an issued credential being postdated, or a credential being
withdrawn or voided. Such changes cause credentials to be included
or not included in historical counts, leading to variations in data
when being examined at different times.
    \15\ On June 20, 2016, the Coast Guard published the
``Inspection of Towing Vessels'' final rule. (81 FR 40003) That rule
had an effective date of July 20, 2016. See https://www.federalregister.gov/documents/2016/06/20/2016-12857/inspection-of-towing-vessels. This final rule document was last accessed on
April 24, 2023. The rule required towing vessels to be inspected
under subchapter M and gave a 5-year implementation period. When we
obtained data on inspected towing vessels for the NPRM, many of the
towing vessels were not inspected. Now almost all towing vessels are
inspected, making our 1,265 total inspected towing vessels from the
NPRM an underestimate. We are now including the full population of
inspected subchapter M vessels.
    \16\ See Appendix A for a detailed analysis of the cost savings
from reduced travel expenses associated with the 12-hour modified
basic firefighting course.
---------------------------------------------------------------------------

    Table 3 lists and describes the changes to 46 CFR part 11, subpart
B. The changes contain costs and cost savings, as described above. Text
that has been added is italicized, and text that has been deleted is
stricken through.

                       Table 3--Summary of Changes to 46 CFR Part 11 Subpart B and Impacts
----------------------------------------------------------------------------------------------------------------
                                       Changes in regulatory
              Section                          text             Description of  change            Impact
----------------------------------------------------------------------------------------------------------------
11.201(h)(1).......................  Applicants for an         This editorial change     This editorial change
                                      original officer          makes it clear that the   will not have any
                                      endorsement in the        required firefighting     substantive impact and
                                      following categories      training should be        therefore will not
                                      must present a            based on the operating    impose any costs or
                                      certificate of            route of the              cost savings.
                                      completion from a         endorsement sought.
                                      firefighting course of
                                      instruction relevant to
                                      the endorsement being
                                      sought that has been
                                      approved by the Coast
                                      Guard. The firefighting
                                      course must have been
                                      completed within the
                                      past 5 years, or if it
                                      was completed more than
                                      5 years before the date
                                      of application, the
                                      applicant must provide
                                      evidence of maintaining
                                      the standard of
                                      competence in
                                      accordance with the
                                      firefighting
                                      requirements for the
                                      credential sought.
11.201(h)(2)(i)....................  All national officer      This editorial change     This editorial change
                                      endorsements as master    makes the text easier     will not have any
                                      or mate on seagoing       to read and makes it      substantive impact and
                                      vessels of 200 gross      consistent with other     therefore will not
                                      register tons (GRT) or    lines in this section.    impose any costs or
                                      more.                                               cost savings.
11.201(h)(3)(i)....................  All officer endorsements  This editorial change     This editorial change
                                      as master on vessels of   makes the text easier     will not have any
                                      less than 500 gross       to read and makes it      substantive impact and
                                      tonnage (GT) in ocean     consistent with other     therefore will not
                                      service.                  lines in this section.    impose any costs or
                                                                                cost savings.

11.201(h)(3)(ii)...................  All officer endorsements  This editorial change     This editorial change
                                      for master or mate        makes it clear that       will not have any
                                      (pilot) of towing         applicants for master     substantive impact
                                      vessels for service on    or mate (pilot) of        because these
                                      near-coastal waters,      towing vessel             applicants were
                                      except apprentice mate    endorsements on near-     already required to
                                      (steersman) of towing     coastal waters must       take a basic
                                      vessels.                  take a basic              firefighting course.
                                                                firefighting course.
11.201(h)(3)(iii)..................  (iii) All officer         This editorial change     This editorial change
                                      endorsements for master   makes it clear that       will not have any
                                      or mate (pilot) of        applicants for master     substantive impact
                                      towing vessels for        or mate (pilot) of        because these
                                      service on Great Lakes,   towing vessel             applicants were
                                      except apprentice mate    endorsements on Great     already required to
                                      (steersman) of towing     Lakes must take a basic   take a basic
                                      vessels.                  firefighting course.      firefighting course.
11.201(h)(3)(iv)...................  (iv) All officer          This editorial change     This editorial change
                                      endorsements as master    makes it clear that       will not have any
                                      or mate (pilot) of        applicants for master     substantive impact
                                      towing vessels for        or mate (pilot) of        because these
                                      service on inland         towing vessel             applicants were
                                      waters or Western         endorsements on inland    already required to
                                      Rivers, except            waters or Western         take a basic
                                      apprentice mate           Rivers routes must take   firefighting course.
                                      (steersman) of towing     a basic firefighting
                                      vessels.                  course.
11.201(h)(3)(iv)(A)................  (A) The Coast Guard will  These changes permit      This will lead to costs
                                      accept a Coast Guard-     master or mate (pilot)    and costs savings.
                                      approved modified basic   applicants operating      Costs result from
                                      firefighting course,      exclusively on inland     training providers
                                      which is the basic        waters or Western         developing a modified
                                      firefighting training     Rivers routes, other      firefighting course
                                      described in paragraph    than the Great Lakes,     and submitting the
                                      (h)(3) of this section    to take a modified        course to the Coast
                                      modified to only cover    basic inland waters and   Guard for approval,
                                      the equipment, fire       Western Rivers towing     which will cost an
                                      prevention procedures,    vessel firefighting       estimated $8,738 to
                                      and firefighting          course as opposed to      the training providers
                                      operations required on    basic firefighting        and an estimated
                                      towing vessels on         course when they apply    $16,669 to the
                                      inland waters or          for endorsements on       government for review
                                      Western Rivers routes     inland waters or          and approval of the
                                      required in 46 CFR        Western Rivers.           course in the first
                                      parts 140 and 142. A                                year. Training
                                      mariner who completes                               providers will need to
                                      this modified course                                seek a renewal of
                                      will be issued an                                   their course approval
                                      endorsement that is                                 in year 6, resulting
                                      restricted to inland                                in $1,047 in costs to
                                      waters or Western                                   training providers and
                                      Rivers.                                             $11,981 in costs to
                                                                                the Coast Guard.
                                                                                Estimated cost savings
                                                                                will come from
                                                                                applicants for towing
                                                                                vessel master
                                                                                (limited) or mate
                                                                                (pilot) endorsements
                                                                                spending fewer hours
                                                                                in training and less
                                                                                money on tuition and
                                                                                travel, resulting in
                                                                                an estimated $189,869
                                                                                in annual cost savings
                                                                                discounted at 7% in
                                                                                2021 dollars.
11.201(h)(3)(iv)(B)................  (B) To increase in scope  This change is a          While this new clause
                                      to Great Lakes, near-     rewording of existing     is a restatement of
                                      coastal or oceans, the    Sec.   11.201(h)(4) to    the requirements
                                      applicant will be         make the text of Sec.     currently existing in
                                      required to complete      11.201(h) easier to       Sec.   11.201(h)(4),
                                      the firefighting course   read.                     there could be a cost
                                      appropriate to the                                  impact because
                                      route sought.                                       mariners could apply
                                                                                for an endorsement for
                                                                                inland waters or
                                                                                Western Rivers with a
                                                                                modified basic inland
                                                                                waters and Western
                                                                                Rivers towing vessel
                                                                                firefighting course
                                                                                approved under
                                                                                11.201(h)(3)(iv)(A),
                                                                                and later request an
                                                                                increase in scope to
                                                                                Great Lakes requiring
                                                                                the mariner to
                                                                                complete a basic
                                                                                firefighting course.
                                                                                Because the mariner
                                                                                would need to take the
                                                                                basic firefighting
                                                                                course, they would
                                                                                spend approximately
                                                                                $552.54 on the tuition
                                                                                for the course.
                                                                                Additionally, they
                                                                                would spend 16 hours
                                                                                taking the course, and
                                                                                the travel time to get
                                                                                to and from the
                                                                                course. However, the
                                                                                Coast Guard cannot
                                                                                forecast who would
                                                                                seek an increase in
                                                                                scope or how
                                                                                frequently this would
                                                                                occur.\17\
11.201(l)..........................  (l) Restrictions. The     The addition of the word  Without the addition of
                                      Coast Guard may modify    ``training'' in this      the word ``training'',
                                      the service, training,    paragraph allows the      the Coast Guard will
                                      and examination           Coast Guard to modify     not be able to modify
                                      requirements in this      the training              training requirements
                                      part to satisfy the       requirements based on     for specific groups of
                                      unique qualification      the unique                mariners based on
                                      requirements of an        qualification             their unique
                                      applicant or distinct     requirements of a group   qualifications, and
                                      group of mariners. The    of mariners, which we     the cost savings will
                                      Coast Guard may also      have not previously       not be attainable. The
                                      lower the age             done.                     addition also permits
                                      requirement for OUPV                                the Coast Guard, in
                                      applicants. The                                     the future, to modify
                                      authority granted by an                             training requirements
                                      officer endorsement                                 for other specific
                                      will be restricted to                               groups of mariners. We
                                      reflect any                                         do not intend to
                                      modifications made                                  modify other training
                                      under the authority of                              requirements at this
                                      this paragraph.                                     time. As such, we do
                                                                                not estimate any costs
                                                                                or cost savings from
                                                                                this change.
----------------------------------------------------------------------------------------------------------------

Affected Population
---------------------------------------------------------------------------

    \17\ Coast Guard does not have data to forecast the number of
mariners who will seek an increase in scope in the future.
Additionally, we did not receive any additional information from the
public comments that would aid in our ability to forecast.
---------------------------------------------------------------------------

    This rule has two affected populations: (1) training providers who
would offer a modified basic firefighting course; and (2) applicants
for MMC endorsements as a master of towing vessels (limited) or mate
(pilot) of towing vessels on inland waters or Western Rivers routes. We
first estimate the number of training providers who may submit a
modified basic firefighting course to the Coast Guard for approval, and
then estimate the number of applicants who may apply for an

endorsement as master of towing vessels (limited) or mate (pilot) of
towing vessels operating on inland waters or Western Rivers.
    The Coast Guard does not know how many training providers will
request approval for a modified basic firefighting course. However,
since this course will be a modified form of the basic firefighting
course, we assume that only training providers who already teach a
basic firefighting course will take advantage of the opportunity
provided by this proposal. Currently, there are 91 training providers
approved to offer a basic firefighting course.\18\ Historically, the
number of training providers does not significantly change on an annual
basis. Therefore, we expect that the training providers who will offer
a modified firefighting course will be from these 91 training
providers.
---------------------------------------------------------------------------

    \18\ https://www.dco.uscg.mil/Portals/9/NMC/pdfs/courses/courses.pdf lists all courses approved by the Coast Guard. There are
91 training providers approved to offer basic firefighting courses.
---------------------------------------------------------------------------

    An SME from the Coast Guard's Office of Merchant Mariner
Credentialing (CG-MMC) with extensive experience, involving regular
contact with maritime training providers and towing vessel operating
companies, reviewed publicly available materials from these 91
providers and rated each on how likely they would be to request
approval of a modified basic firefighting course. The SME considered
the types of courses offered by each provider, their facilities,
geographic location(s), and the segment of the industry their clientele
work in. The SME then rated each training provider as either 0 percent,
25 percent, 50 percent, 75 percent, or 100 percent likely to request
approval of a modified basic firefighting course. Across the 91
training providers with an approved basic firefighting course, 56 of
them were rated as having no likelihood of requesting approval to offer
a modified firefighting course because the SME's review indicated that
they are unlikely to serve the inland towing population. Among the
remaining 35 providers, the SME estimated that the average likelihood
to request approval and offer a modified basic firefighting course
would be 65 percent. Multiplying 35 by 65 percent yields 23, rounded,
or our estimate for the number of training providers likely to offer a
modified firefighting course.
    Applicants for a national officer endorsement as master of towing
vessels (limited) or mate (pilot) of towing vessels on inland water or
Western Rivers who take a modified course will realize a cost savings
by taking a shorter, less expensive firefighting course. As discussed
in Section IV, Background, of the published NPRM associated with this
final rule,\19\ the Coast Guard issued a final rule in 2013 requiring
mariners seeking national officer endorsements as master or mate
(pilot) of towing vessels on routes other than oceans to complete a
Coast Guard-approved basic firefighting course.\20\ Prior to the 2013
final rule, only masters and mates (pilots) of towing vessels serving
on an ocean route were required to complete firefighting training.
---------------------------------------------------------------------------

    \19\ See Section IV, Background, of the NPRM titled, ``Towing
Vessel Firefighting Training'' (86 FR 48925, September 1, 2021. To
view the NPRM, go to www.regulations.gov, type USCG 2020-0492 in the
search box, and click ``Search.'' Next click on the ``Browse
Documents'' tab. Then, click on proposed rule document. This website
was last accessed on April 6, 2023.
    \20\ See final rule titled, ``Implementation of the Amendments
to the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, and Changes to
National Endorsements'' (78 FR 77796, December 24, 2013).
---------------------------------------------------------------------------

Grandfathered Population
    This rule will affect applicants for endorsements of inland master
of towing vessels (limited) if they do not have a prior endorsement as
a mate (pilot) that required a firefighting course. The 2013 final rule
established grandfathering provisions for which the Coast Guard
provided guidance in Navigation and Vessel Inspection Circular (NVIC)
03-16, titled ``Guidelines for Credentialing Officers of Towing
Vessels.'' \21\ As described in Enclosure 10 of NVIC 03-16, the Coast
Guard grandfathered mariners applying for an original MMC endorsed as
master or mate (pilot) of towing vessels on non-oceans routes who began
sea service prior to March 24, 2014 and submitted an application prior
to March 24, 2019. The grandfathering provisions established that
applicants for original master or mate (pilot) endorsements on non-
oceans routes prior to March 24, 2019, were not required to take a
firefighting course.\22\
---------------------------------------------------------------------------

    \21\ Current Coast Guard NVICs can be found at: https://www.dco.uscg.mil/Our-Organization/NVIC/Year/2010/. (On this site
``click on ``NVIC 03-16.'' This website was last accessed on April
24, 2023.) NVIC 03-16 was updated in September 2020, and the
discussion about grandfathering was removed because the
grandfathering period had expired. The original NVIC was published
June 23, 2016, and can be found here: https://www.regulations.gov/document/USCG-2016-0611-0001. This website was last accessed on
April 24, 2023.
    \22\ Coast Guard SMEs estimate that nearly all master or mate
(pilot) applicants would have begun sea service prior to March 24,
2014.
---------------------------------------------------------------------------

    Mariners raising the grade of their MMC endorsement from mate
(pilot) to master of towing vessels were also grandfathered in under
NVIC 03-16 and were not required to take a firefighting course. As a
result of the grandfathering provisions, this rule will be applicable
to new applicants for master of towing vessels (limited) or mate
(pilot) of towing vessels endorsements.
    In order to qualify for an MMC endorsement as master of towing
vessels, other than master of towing vessels (limited), an applicant
must have prior sea service experience as either a mate (pilot) of
towing vessels or a master of vessels greater than 200 GRT. Holding the
endorsement authorizing service in either of these capacities would
have required the applicant to either take a firefighting course or be
grandfathered in under NVIC 03-16. As a result, this rule does not
impact applicants for an endorsement as master of towing vessels other
than master of towing vessels (limited).
    Masters of towing vessels (limited) do not require prior sea
service as a master or mate of vessels greater than 200 GRT. Therefore,
this rule will affect applicants for endorsements of inland master of
towing vessels (limited) if they do not have a prior endorsement as a
mate (pilot) that required a firefighting course. Two towing vessel
endorsement applicant groups are thus affected by this rule: (1) mate
(pilot) of towing vessels, and (2) master of towing vessels (limited)
with no prior endorsement as a mate (pilot).
Affected Population of New Applicants
    The Coast Guard's National Maritime Center (NMC) issues MMCs to
applicants who meet the regulatory requirements for endorsements
described in 46 CFR parts 11, 12, and 13. Applicants for endorsements
as master and mate (pilot) of towing vessels may be endorsed to operate
on oceans, near coastal, Great Lakes and inland waters, or Western
Rivers routes.
    The MMLD database is used by the NMC to issue MMCs and maintain
records of U.S. merchant mariners. Data was obtained from the MMLD, for
the period between 2015-2022, on each issuance of an original master or
mate (pilot) of towing vessel endorsement, including when the
endorsement was issued, and the authorized routes of operation. We
excluded applicants for Great Lakes, near-coastal, or oceans routes,
because applicants for endorsements on those routes are required to
complete basic firefighting and will not be affected by the rule.
Currently, Great Lakes and inland waters are issued as one route for
towing vessel endorsements. With this rule, language is added to allow
the separation of these two routes so that a mariner who completes the
modified

basic firefighting course could be issued an endorsement valid for
inland waters or Western Rivers. Because towing vessel endorsements are
currently issued for Great Lakes and inland routes, the Coast Guard
cannot directly estimate from the MMLD data the number of masters and
mates (pilots) of towing vessels operating exclusively on inland
waters. However, we can estimate the number of towing vessels that
operate on these waters based on data from towing vessel inspection
records.
    As of 2023, 5,013 towing vessels have been inspected under 46 CFR
subchapter M.\23\ When vessels are inspected, they must declare their
operating route, which may include the Great Lakes, inland waters and
Western Rivers.
---------------------------------------------------------------------------

    \23\ These data were retrieved from the Coast Guard's Marine
Information for Safety and Law Enforcement (MISLE) database in
February 2023. Title 46 CFR subchapter M requires all towing vessels
greater than 26 feet and those that transport hazardous materials to
be inspected.
---------------------------------------------------------------------------

    In order to isolate the vessels operating on the Great Lakes, we
first reviewed the number of vessels that operate on the Great Lakes,
inland waters, or Western Rivers, and then examined the number of
vessels that list the Great Lakes as at least one of their routes.
Specifically, out of the 5,013 total towing vessels inspected under 46
CFR subchapter M, 3,552 are recorded as one or more of the following
routes: Great Lakes, inland waters, or Western Rivers. Of the 3,552
vessels, 169, or 5 percent, rounded (169 / 3,552 = 0.048), include the
Great Lakes as one of their listed routes and, therefore, will require
basic firefighting training, since they may operate on the Great Lakes.
The remaining 95 percent, or 3,383 vessels, do not include the Great
Lakes as one of their listed routes and, therefore, mariners serving on
these vessels are eligible to take the modified basic firefighting
course.
    Table 4 shows the number of endorsements issued from 2016-2019 for
master of towing vessels (limited) and mate (pilot) of towing vessels,
respectively, endorsed to operate on the Great Lakes, inland waters, or
Western Rivers routes.\24\ While we have data on the number of
endorsements issued in 2020 and 2021, we intentionally exclude 2020 and
2021 when calculating the average number of master (limited) and mate
(pilot) towing vessel endorsements each year because of the impact of
the COVID-19 pandemic on all facets of the U.S. economy. Therefore, we
do not believe the number of endorsements issued in 2020 and 2021
represents a typical year, and many individuals who might ordinarily
have pursued an endorsement did not because of the general slowdown in
business associated with the pandemic. On average, between 2016 and
2019, the Coast Guard issued 16 master of towing vessels (limited) and
495 mate (pilot) of towing vessels endorsements per year, for a total
of 511 new endorsements per year on Great Lakes, inland waters, and/or
Western Rivers routes.
---------------------------------------------------------------------------

    \24\ Endorsement data for 2022 are currently incomplete;
therefore, they are not included in our analysis.

  Table 4--Estimated Number of New Great Lakes, Western Rivers, and/or
Inland Waters Mate (Pilot) and Masters (Limited) Endorsements Issued per
                               Year * \25\
------------------------------------------------------------------------
                                                              Master
                                                             (limited)
                  Year                     Mate (pilot)    with no mate
                                            applicants        (pilot)
                                                            endorsement
------------------------------------------------------------------------
2016....................................             615              19
2017....................................             530              17
2018....................................             423              15
2019....................................             410              11
Average.................................             495              16
------------------------------------------------------------------------
* Numbers may not add due to rounding.

    As seen in table 4, the number of individuals applying for an
endorsement as mate (pilot) of towing vessels has been declining. The
Coast Guard does not know specifically why fewer individuals have
applied for an endorsement as mate (pilot) of towing vessels. It may be
associated with grandfathering provisions provided in the 2013 final
rule, which established grandfathering provisions for master and mate
(pilot) of towing vessels. The 2013 final rule could have caused
applicants for master of towing vessels (limited) and mate (pilot) of
towing vessels endorsements to seek an MMC earlier than they may have
otherwise, in order to be grandfathered under the existing regulations.
Additionally, the introduction of subchapter M in 2016 may have led to
a contraction in the industry. In either case, the Coast Guard believes
that the current decline has been more severe than fundamentals would
suggest, and, carrying forward, we expect the number of applicants to
level off. The Coast Guard therefore utilized the 4-year average of the
number of new towing vessel mate (pilot) applicants, or 495, and the 4-
year average of the number of master (limited), or 16, to estimate that
511 mariners apply to the Coast Guard for endorsements to operate on
the Great Lakes, Western Rivers, or inland waters each year.
---------------------------------------------------------------------------

    \25\ Please see footnote 14 for more information about the why
the numbers of inland waters and Western Rivers master (limited) and
mate (pilot) applicants have increased from the NPRM.
---------------------------------------------------------------------------

    Applying the percentage of vessels that do not operate on the Great
Lakes (95 percent) to the estimated 511 annual new endorsements yields
an estimated 485 new endorsements as mate (pilot) of towing vessels or
master of towing vessels (limited) operating in inland waters or
Western Rivers per year, rounded (511 x 0.95 = 485).
Costs
    The modified basic firefighting course for towing vessels on inland
waters and Western Rivers will be a modified version of the basic
firefighting course. Mariners are required to take a basic firefighting
course, and this final rule permits some mariners to take the modified
basic firefighting course in lieu of the basic firefighting course. As
such, this rule presents no additional costs to mariners who will
continue to operate on inland waters and Western Rivers.
    Before mariners could save hours spent in training and tuition for
a basic firefighting course, by taking a modified

basic firefighting course, training providers will first need to obtain
Coast Guard approval for the modified basic firefighting course.
training providers submit course approval requests to the NMC in
accordance with the requirements of 46 CFR, part 10, subpart D. The NMC
then evaluates the course to ensure the content demonstrates
comprehensive coverage of the firefighting knowledge and competency
requirements of the training. If the course submission does not require
edits or revisions, and is approved as submitted, the Coast Guard
estimates that it would take a training specialist at a training
provider 6 hours to develop and submit a request for course approval of
a modified basic firefighting course.\26\
---------------------------------------------------------------------------

    \26\ Information provided by an SME from the Coast Guard's NMC.
---------------------------------------------------------------------------

    We used the Bureau of Labor Statistics' (BLS) Occupational
Employment Statistics National-Industry-Specific Occupational
Employment and Wage Estimates for May 2021 ``Training and Development
Specialists'' category to estimate the wages for the employees who
would prepare and submit the course for Coast Guard approval, as these
employees ``design and conduct training and development programs to
improve individual and organization performance.'' \27\ The BLS
estimates a training and development specialist's mean hourly wages at
$32.51. We apply a load factor to account for non-wage compensation and
benefits, resulting in a fully loaded hourly wage of $45.51.\28\
---------------------------------------------------------------------------

    \27\ https://www.bls.gov/oes/2021/may/oes131151.htm. This
website was accessed on April 24, 2023.
    \28\ Data on the employer cost of compensation was sourced from
the ``Employer Costs for Employee Compensation'' one screen data
search. We searched for both the total compensation and the wages
and salaries of private industry workers in the ``Educational
Services Industry'' yielding BLS series CMU2016100000000D for total
compensation and series CMU2026100000000D for wages. To derive the
cost of compensation per hour worked, the Coast Guard first took the
average of the four quarters of total compensation or $49.86 and the
average of the four quarters of wages and salaries of $36.01,
rounded. We then divided the total compensation amount of $49.86 by
the wage and salary amount of $36.01 to obtain the load factor of
about 1.4 for ``Educational Services'' occupations, rounded (49.86
divided by 36.01 equals 1.4, rounded). To load the wage, the Coast
Guard multiplied the estimated hourly wage of $32.51 by the loaded
wage factor of 1.4 yielding $45.51, rounded, which accounts for the
total cost of compensation per hour of work (32.51 multiplied by 1.4
equals 45.51).
---------------------------------------------------------------------------

    If the submission does not require a request for additional
information to supplement the course approval request, the Coast Guard
estimates that a federal government employee, at a grade level of a
General Schedule (GS)-7, will require 1 hour to process the receipt of
the course approval submission. One federal employee, at a grade level
of a GS-13, will spend 4 hours evaluating the course approval request;
another federal employee, at a grade level of GS-13, will spend 0.5
hours reviewing the course; and a fourth federal employee, also at a
grade level of GS-13, will spend 0.5 hours conducting a final review of
the course. In total, the Coast Guard will spend 1 hour of GS-7 time
and 5 hours of GS-13 time per course approval request if the submission
does not require a request for additional information to supplement the
course approval request.
    The impacted employees work in the Washington-Baltimore-Arlington,
DC-MD-VA-WV-PA, area. The Office of Personnel Management (OPM) lists
the hourly pay for federal employees in the Washington, DC area
according to the Washington, DC GS pay tables.\29\ We estimate that the
impacted employees will, on average, be at a step 5 pay, because that
is the midpoint of the pay band. The OPM records the hourly pay of GS-
7, step 5 employees as $26.69, and records the hourly pay of GS-13,
step 5 employees as $56.31. These wages are not fully loaded, meaning
they do not account for associated benefits.
---------------------------------------------------------------------------

    \29\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/21Tables/html/DCB_h.aspx. This website
was last accessed on April 24, 2023.
---------------------------------------------------------------------------

    To account for the value of benefits to government employees, we
first calculate the share of total compensation of federal employees
accounted for by wages. The Congressional Budget Office (2017) reports
total compensation to federal employees as $64.80 per hour and wages as
$38.30.\30\ This implies that total compensation is 1.69 times the
average wages ($64.80 / $38.30 = 1.69). We can, therefore, calculate
the fully loaded wage rate for the GS-7 and GS-13 hourly wage rates by
multiplying by 1.69, yielding $45.11 and $95.16, respectively.
---------------------------------------------------------------------------

    \30\ Congressional Budget Office (2017), ``Comparing the
Compensation of Federal and Private-Sector Employees, 2011 to
2015,'' https://www.cbo.gov/system/files/115th-congress-2017-2018/reports/52637-federalprivatepay.pdf. This document was last accessed
on April 24, 2023.
---------------------------------------------------------------------------

    All 23 training providers that may offer a modified basic
firefighting course must submit a course approval request to the Coast
Guard for evaluation. We estimate the costs of this initial submission
to industry and the Coast Guard as shown in table 5.

                           Table 5--Costs Due to Initial Course Approval Applications
----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                                 Employee type     Fully loaded      training          Hours        Total cost
                                                       wage          providers
                                                             [A]             [B]             [C]     [A * B * C]
----------------------------------------------------------------------------------------------------------------
Training Provider Cost.......  Training                    45.51              23               6          $6,280
                                Specialist.
Government Cost..............  GS-7............            45.11              23               1           1,038
Government Cost..............  GS-13...........            95.16              23               5          10,943
                                                ----------------------------------------------------------------
    Total Government Cost....  ................  ...............  ..............  ..............          11,981
                                                ----------------------------------------------------------------
        Total Cost...........  ................  ...............  ..............  ..............          18,261
----------------------------------------------------------------------------------------------------------------

    It is common for training providers to submit insufficient
supporting information with a course approval request to the Coast
Guard. When this occurs, the Coast Guard requests additional
information from the training provider. We reviewed NMC data on new
course approval submissions over 5 years (2018-2022) to determine how
likely it is for a training provider to submit a course approval
request without the Coast Guard requesting additional information. We
reviewed NMC data on the total number of course approval applications
received and the number of course approval applications that require
additional information such as edits and revisions (see table 6). We

estimate that training providers provide incomplete information in
their application packet 38 percent of the time.

                    Table 6--Course Approval Requests Received With Insufficient Information
----------------------------------------------------------------------------------------------------------------
                                                        Course approval requests     Percent of course approval
              Year                 Course approval     received with insufficient    requests with insufficient
                                  requests received           information                   information
                                                 [A]                          [B]                        [B / A]
----------------------------------------------------------------------------------------------------------------
2018...........................                  944                          362                             38
2019...........................                  768                          335                             44
2020...........................                  699                          199                             28
2021...........................                  751                          182                             24
2022...........................                  655                          362                             55
                                --------------------------------------------------------------------------------
    Total......................                3,817                        1,440                             38
----------------------------------------------------------------------------------------------------------------

    When training providers submit a course approval request with
incomplete information, the Coast Guard will request that the training
providers revise their course request and resubmit. The Coast Guard
estimates that both the training provider and the Coast Guard will
spend an equal number of hours on each resubmittal as they would on the
initial submission. In other words, the training provider will spend 6
hours on an initial approval request and 6 hours on the resubmittal,
for 12 hours total, and the Coast Guard will spend 1 GS-7 hour and 5
GS-13 hours on the initial request, and 1 GS-7 hour and 5 GS-13 hours
on the resubmittal, for 2 GS-7 hours and 10 GS-13 hours total.\31\
---------------------------------------------------------------------------

    \31\ Information provided by an SME from the Coast Guard's NMC.
---------------------------------------------------------------------------

    Thus, the Coast Guard estimates that 38 percent of the training
providers, or 9 training providers (23 x 0.38 = 9), will submit the
request for course approval with incomplete information, requiring a
second submission taking 6 hours to prepare for submission to the Coast
Guard. Similarly, the Federal Government will spend an additional 1
hour at grade level GS-7 and 5 hours at grade level GS-13 to review the
information resubmitted for the course approval request. We estimate
the costs of modified firefighting course approvals resubmissions as
shown in table 7.

                Table 7--Summary of Resubmission Costs for Modified Firefighting Training Courses
----------------------------------------------------------------------------------------------------------------
                                                                    Number of
                                Employee type   Hourly burdened     training      Average hours  Total cost \32\
                                                      wage          providers
                                                            [A]             [B]             [C]      [A * B * C]
----------------------------------------------------------------------------------------------------------------
Training Provider Cost.......  Training                  $45.51               9               6           $2,458
                                Specialist.
Government Cost..............  GS-7...........            45.11               9               1              406
Government Cost..............  GS-13..........            95.16               9               5            4,282
                                               -----------------------------------------------------------------
    Total Government Cost....  ...............  ...............  ..............  ..............            4,688
                                               -----------------------------------------------------------------
        Total Cost...........  ...............  ...............  ..............  ..............           $7,146
----------------------------------------------------------------------------------------------------------------

    We estimate the total costs to training providers from initial
applications and any resubmissions to be approximately $8,738 ($6,280 +
$2,458), and the total costs to government to be approximately $16,669
($11,981 + $4,688). Together, we estimate the one-time costs of
evaluating approval requests for the modified basic firefighting
courses to be $8,738 + $16,669, or $25,407 during the first year of
implementation.
---------------------------------------------------------------------------

    \32\ Numbers may not add due to rounding.
---------------------------------------------------------------------------

    As discussed above, Coast Guard course approvals are valid for 5
years, and training providers must seek a renewal every 5 years to
continue to offer the course. This course renewal will include a
submission similar to that initially provided to and approved by the
Coast Guard. Since the Coast Guard will have previously reviewed and
approved the course submission, the Coast Guard estimates that it would
take training providers less time to prepare all materials for the
Coast Guard. Specifically, we estimate that the same training
specialist who spent 6 hours on an initial course approval request will
spend 1 hour on a renewal request, and the renewal request will be
submitted without any revisions.\33\ We further estimate that all 23
providers will submit a request for renewal of a course approval,
because, based on a review of previous course approval renewals, we do
not expect a turnover in training providers. The Coast Guard, however,
will spend the same amount of time reviewing the renewal requests as it
spent with the initial approval request to ensure that the course still
meets regulatory requirements, or 1 hour of GS-7 time and 5 hours of
GS-13 time.
---------------------------------------------------------------------------

    \33\ According to SMEs from the Coast Guard's Office of Merchant
Mariner Credentialing.
---------------------------------------------------------------------------

    These costs will occur 5 years after each approval, or in year 6.
We estimate the course renewal costs as shown in table 8. The 10-year
distribution of undiscounted and discounted costs from both the initial
and renewal requests are recorded in table 9.

                                     Table 8--Course Renewal Submission Cost
----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                                 Employee type    Burdened wage      training          Hours        Total cost
                                                                     providers
                                                             [A]             [B]             [C]     [A * B * C]
----------------------------------------------------------------------------------------------------------------
Training Provider Cost.......  Training                    45.51              23               1          $1,047
                                Specialist.
Government Cost..............  GS-7............            45.11              23               1           1,038
Government Cost..............  GS-13...........            95.16              23               5          10,943
                                                ----------------------------------------------------------------
    Total Government Cost....  ................  ...............  ..............  ..............          11,981
                                                ----------------------------------------------------------------
        Total Cost...........  ................  ...............  ..............  ..............          13,028
----------------------------------------------------------------------------------------------------------------

       Table 9--Discounted Costs Over a 10-Year Period of Analysis in 2021 Dollars Discounted at 7% and 3%
----------------------------------------------------------------------------------------------------------------
                                                                                Discounted costs
                              Year                                 Undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $25,407         $23,745         $24,667
2...............................................................               0               0               0
3...............................................................               0               0               0
4...............................................................               0               0               0
5...............................................................               0               0               0
6...............................................................          13,028           8,681          10,911
7...............................................................               0               0               0
8...............................................................               0               0               0
9...............................................................               0               0               0
10..............................................................               0               0               0
                                                                 -----------------------------------------------
    Total.......................................................          38,435          32,426          35,577
                                                                 -----------------------------------------------
        Annualized..............................................  ..............           4,617           4,171
----------------------------------------------------------------------------------------------------------------

Benefits
    The primary benefits of the rule come from the cost savings to
mariners in terms of reduced time spent in training and in reduced
tuition. The modified course content will eliminate the requirement for
training using certain firefighting equipment that is not required to
be carried on towing vessels operating on inland waters or Western
Rivers. Therefore, the modified basic firefighting course will be
shorter, and likely less expensive, than the basic firefighting course.
Thus, a mariner will likely prefer to take a modified basic
firefighting course instead of a basic firefighting course. Some
mariners may prefer to take the basic firefighting course if they are
considering the possibility of working on the Great Lakes, near coastal
waters, or ocean routes in the future. However, we do not have data to
forecast how many of these mariners might opt, in the future, to take
the basic firefighting course when they apply for the endorsement as
master (limited) of towing vessels or mate (pilot) of towing vessels on
inland waters or Western Rivers. Because the modified basic
firefighting course will be shorter, less expensive, and located in the
same area as the basic firefighting course, and because only a small
portion of mariners operate in the Great Lakes (5 percent), and we
already account for them, we assume all mariners eligible to take a
modified basic firefighting course will do so.
    The basic firefighting training costs $552.54, on average, and
lasts 16 hours.\34\ The Coast Guard estimates that the modified basic
firefighting course will be 4 hours shorter than the current 16-hour
basic firefighting course. For the purposes of our analysis, we assume
the modified basic firefighting course will be less expensive than the
basic firefighting course, because it will require fewer resources to
host, result in less wear and tear on the facility, and require fewer
hours of an instructor's time. As a result, we assume that tuition will
decline proportionally with course length.
---------------------------------------------------------------------------

    \34\ Data on the price of firefighting training was only
publicly available for 24 of the 91 approved training providers.
Some of the training providers are private companies that train
their own employees, some are in schools like the U.S. Merchant
Marine Academy that teach basic firefighting to their own midshipmen
but do not separate out the training, and others do not appear to
offer basic firefighting training despite having an approval
permitting them to teach it.
---------------------------------------------------------------------------

    In the affected population section, we estimate that 485
individuals will apply for an MMC endorsement as master of towing
vessels (limited) or mate (pilot) of towing vessels on inland waters or
Western Rivers each year and will be eligible to take the modified
basic firefighting course in lieu of the basic firefighting course.
Therefore, these applicants will save 4 hours of their time and the
difference in costs between the basic firefighting tuition and the
modified basic firefighting course tuition.
    The Coast Guard estimates that these 485 applicants will be
mariners who hold an MMC endorsement as apprentice mate (steersman),
which is a position between ordinary seaman and mate. The BLS does not
have a labor category for apprentice mate (steersman); however, the BLS
Occupational Employment Statistics National-Industry-Specific
Occupational Employment and Wage Estimates for May 2021 lists the mean
hourly wages for both ``Captains, Mates, and Pilots of Water Vessels''
and ``Sailors and Marine Oilers.'' \35\ As an

apprentice mate (steersman) is a position between ordinary seaman and
mate, we derive their wages by taking a weighted average mean hourly
wage of both ``Captains, Mates, and Pilots of Water Vessels'' and
``Sailors and Marine Oilers'' operating in the ``Inland Water
Transportation'' industry. We take a weighted average because the
duties and responsibilities of an apprentice mate (steersman) are more
like that of sailor than of a mate. Consequently, we rate the sailor's
wage more heavily than we weight the mate's wage. Specifically, we
estimate the mean hourly wage of an apprentice mate (steersman) by
taking one-third of the average mate's mean hourly wage ($55.32) and
two-thirds of the average sailor's mean hourly wage ($26.44), yielding
$36.07 per hour, rounded.\36\ We then apply a load factor to account
for non-wage compensation and benefits, which results in a fully loaded
mean hourly wage of $54.11.\37\ Therefore, we estimate the annual
undiscounted cost savings for taking shorter courses to be
approximately $104,973 [(485 endorsements x 4 (the number of hours
saved) x $54.11 (the burdened wage)].
---------------------------------------------------------------------------

    \35\ Master and mate rates were accessed on February 8, 2023
from: https://www.bls.gov/oes/2021/may/oes535021.htm#ind. This
website was last accessed on April 24, 2023. Sailor and Oiler rates
were accessed on February 8, 2023 from: https://www.bls.gov/oes/2021/may/oes535011.htm. This website was last accessed on April 24,
2023. For both rates the hourly mean wage for the ``Inland Water
Transportation'' industry was used as this best approximates the
wages of towing vessel masters, mates, and deckhands. The reader can
find this wage rate under the ``Industry Profile'' section of each
web page.
    \36\ More specifically, [($55.32 divided by 3) plus ($26.44
multiplied by \2/3\)] which equals $36.07.
    \37\ Data on the employer cost of compensation was sourced from
the ``Employer Costs for Employee Compensation'' one screen data
search. We searched for both the total compensation and the wages
and salaries of private industry workers in the ``Transportation and
Warehousing Industry'' yielding BLS series CMU2014300000000D for
total compensation and series CMU2024300000000D for wages. To derive
the cost of compensation per hour worked, the Coast Guard first took
the average of the four quarters of total compensation or $40.79 and
the average of the four quarters of wages and salaries of $26.98,
rounded. We then divided the total compensation amount of $40.79 by
the wage and salary amount of $26.98 to obtain the load factor of
about 1.5 for ``Transportation and Warehousing'' occupations,
rounded ($40.79 divided by $26.98 equals 1.5, rounded). To load the
wage, the Coast Guard multiplied the estimated hourly wage of $36.07
by the loaded wage factor of 1.5 yielding $54.11, rounded, which
accounts for the total cost of compensation per hour of work ($36.07
multiplied by 1.5 equals $54.11).
---------------------------------------------------------------------------

    Applicants for MMC endorsements as master of towing vessel
(limited) and mate (pilot) of towing vessels will also save the
difference between the tuition for the less expensive, modified basic
firefighting course and the basic firefighting course. If we use the
tuition for the basic firefighting course, $552.54, as the cost of 16
hours of firefighting instruction, then 12 hours of instruction would
be $414.41, rounded [($552.54 x (12 / 16) = $414.41)]. The cost savings
for the modified basic firefighting course due to reduced tuition would
be $138.13 ($552.54-$414.41 = $138.13) or $66,993 total ($138.13 x 485
= $66,993), rounded.
    In addition, applicants for MMC endorsements as master of towing
vessel (limited) and mate (pilot) of towing vessels who drive and lodge
near the closest training provider offering a modified basic
firefighting training course will save on travel expenses due to the
shortened class time on the second day of training. Because the second
day of training only involves a half day or 4 hours of training, we
assume that applicants who would drive and lodge would be able to use
the remainder of the day to travel home, rather than lodge for an
additional night and return home the following day. As a result, we
estimate a total savings of $47,045 in travel expenses from the removal
of 1 day of lodging and reduced meals and incidentals. See Appendix A
in the docket for an in-depth analysis of the cost savings associated
with reduced travel expenses. In total, applicants for master of towing
vessels (limited) and mate (pilot) of towing vessels on inland waters
or Western Rivers routes will save an average of $219,011 per year--
$104,973 from reduced hours spent in courses, $66,993 from reduced
tuition, and $47,045 from reduced travel expenses.
    Because courses must be Coast Guard-approved before they can be
offered to mariners, and developing a new course and obtaining approval
from the Coast Guard can be a lengthy process, we are delaying the
effective date of the rule by 180 days. This will allow time both for
training providers to develop a modified basic firefighting course and
the Coast Guard to evaluate and approve the courses prior to the
effective date. However, we assume that a modified firefighting course
will not be widely available until the second year of analysis. We show
the 10-year distribution of cost savings in table 10.

        Table 10--Discounted Cost Savings Over a 10-Year Period of Analysis in 2021 Dollars at 7% and 3%
----------------------------------------------------------------------------------------------------------------
                                                                                Discounted cost savings
                              Year                                 Undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................  ..............  ..............  ..............
2...............................................................        $219,011        $191,293        $206,439
3...............................................................         219,011         178,778         200,426
4...............................................................         219,011         167,082         194,588
5...............................................................         219,011         156,152         188,921
6...............................................................         219,011         145,936         183,418
7...............................................................         219,011         136,389         178,076
8...............................................................         219,011         127,466         172,889
9...............................................................         219,011         119,127         167,854
10..............................................................         219,011         111,334         162,965
                                                                 -----------------------------------------------
    Total.......................................................       1,971,099       1,333,558      1,6558,576
                                                                 -----------------------------------------------
        Annualized..............................................  ..............         189,869         194,084
----------------------------------------------------------------------------------------------------------------

Unquantified Benefits of the Rule
    There is no data to quantify any additional benefits beyond the
cost savings estimated and noted above. However, a qualitative benefit
of this rule is that there will be firefighting courses that are more
tailored to the credential endorsement.
Analysis of Alternatives
    In addition to our preferred alternative, which is discussed
throughout the remainder of this RA, we considered three additional
alternatives:
    (1) No action, or maintaining the requirement that masters and
mates (pilots) of towing vessels be required to take a basic
firefighting course. With

this alternative, applicants would not benefit from a shorter, modified
basic firefighting course. Therefore, there would be no cost savings.
We rejected the no-action alternative because it would not create cost
savings for mariners seeking an endorsement for master or mate (pilot)
of towing vessels on inland waters or Western Rivers.
    (2) We also considered an alternative from a comment submitted
during our request for feedback. This commenter recommended that the
Coast Guard eliminate the approved training requirement and rely
instead on drills required by existing regulations to ensure mariner
competence in firefighting. Proponents of this alternative are likely
to argue that the absence of a training requirement could lead to cost
savings from: (1) no longer traveling to, paying for, or spending time
in the training. However, the Coast Guard believes this alternative has
serious drawbacks. First, as noted earlier, firefighting training
ensures that mariners have fundamental firefighting and emergency
skills that allow for effective fire prevention and the quick
extinguishment of small fires that could otherwise spread and lead to
property damage and personnel injury or death. Without the training,
the Coast Guard cannot be sure that mariners would have the necessary
skills to combat fires should they occur on vessels. Second,
instructors in courses that are approved by the Coast Guard are
required to have experience or training in effectively delivering
course material. Third, the content of company managed training and
drills would likely be less intensive and exhaustive than what training
providers will offer. Firefighting courses include live fire exercises
and practical experience identifying potential fire hazards and
extinguishing live fires. As part of approved training, these types of
activities take place in a controlled environment, allowing students to
meet learning objectives while keeping them safe from the associated
hazards. These practical exercises cannot be carried out on an
operational vessel. Fourth, it is common for mariners to work on
different vessels and for different companies. There is a need for the
common foundational training that a Coast Guard-approved course
provides. While individuals no longer being required to take a
firefighting course may view this as a benefit via cost savings, the
Coast Guard views this as unacceptably decreasing the quality of
firefighting skills and decreasing the safety of the inland waters and
Western Rivers towing vessel fleet.
    Taken together, these four findings would lower the safety and
preparedness of the inland waters and Western Rivers towing vessel
fleet substantially. Therefore, the Coast Guard rejected this
alternative.
    (3) The third alternative we considered was permitting firefighting
training specific to inland waters and Western Rivers towing vessels
but requiring the new training to have the same 16 hours of coursework
and cover additional topics and situations common to inland waters and
Western Rivers towing vessels not previously required by regulation.
While the addition of topics for training could be beneficial, the
Coast Guard has no data or feedback to support its impact on safety.
Additionally, the Coast Guard believes training providers will have
little incentive to undergo the expense of developing a firefighting
course that will not provide cost savings to mariners.
    Both courses would occur over 2 days. In the 16-hour course
suggested by this alternative, the mariner would likely experience a
cost savings from reduced tuition because there would be fewer
equipment needs used for the training; however, we do not have a way to
estimate the size of this reduction in fees. This reduction in fees
would almost certainly be less than the reduction in fees for a 12-hour
course instead of a 16-hour course, because the instructors would spend
more hours in class under the 16-hour course. Additionally, a 16-hour
course would not result in the cost savings from the 4-hour reduced
training duration, estimated at $104,973 annually. As a result, the
Coast Guard rejected this alternative because it did not lead to the
highest cost savings.
Net Cost Savings
    As documented above, there will be costs to training providers and
the Coast Guard, and cost savings to mariners who will have the option
to complete a modified basic firefighting course. Table 11 presents the
net cost savings to mariners and the Government over a 10-year period
of analysis, in 2021 dollars.

      Table 11--Discounted Net Cost Savings Over a 10-Year Period of Analysis in 2021 Dollars at 7% and 3%
----------------------------------------------------------------------------------------------------------------
                                                                                Discounted cost savings
                              Year                                 Undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        -$25,407        -$23,745        -$24,667
2...............................................................         219,011         191,293         206,439
3...............................................................         219,011         178,778         200,426
4...............................................................         219,011         167,082         194,588
5...............................................................         219,011         156,152         188,921
6...............................................................         205,983         137,255         172,508
7...............................................................         219,011         136,389         178,076
8...............................................................         219,011         127,466         172,889
9...............................................................         219,011         119,127         167,854
10..............................................................         219,011         111,334         162,965
                                                                 -----------------------------------------------
    Total.......................................................       1,932,664       1,301,133       1,619,999
                                                                 -----------------------------------------------
        Annualized..............................................  ..............         185,252         189,913
----------------------------------------------------------------------------------------------------------------

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    As described in section VI. A., Regulatory Planning and Review,
there will be two affected populations: (1) training providers who
develop and submit a course to the Coast Guard for approval, and (2)
applicants for master

of towing vessels (limited) and mate (pilot) of towing vessels
operating on inland waters or Western Rivers. Applicants are
individuals and not entities; as such, the second affected population
does not contain any small entities.
    Of the 91 training providers approved to offer a basic firefighting
course, the Coast Guard identified 35 training providers who might
submit requests for course approval to teach a modified firefighting
course.\38\ Of these 35 providers:
---------------------------------------------------------------------------

    \38\ In the Affected Population section, we estimated that 23
providers will most likely be impacted by this rule based on their
location and other factors. While we estimated that 23 providers
will be most likely impacted, we identified 35 providers that might
offer a modified basic firefighting course. For the purposes of the
regulatory flexibility analysis, and because we did not know with
certainty which of the 35 training providers will be impacted, we
reviewed the potential costs to any of 35 entities to see if this
rule will be likely to have a substantial impact on small entities.
These 35 training providers are available in the docket where
indicated under the ADDRESSES portion of the preamble (See Table A1:
Basic Firefighting Training Providers, Course Cost, and Likelihood
to Offer a Modified Basic Firefighting Course).
---------------------------------------------------------------------------

     13 are public agencies, none of which are classified as
small entities;
     4 are non-profit organizations, and all 4 are classified
as small entities;
     18 are private companies. Of these, 4 are not classified
as small businesses, 8 are classified as small businesses, and 6 could
not be classified because information could not be found on those 6
businesses. We classify those 6 businesses, where information could not
be found, as small entities.
    In total, we classified 18 of 35 entities as small entities. Table
12 lists the North American Industry Classification System (NAICS)
codes and size standards used to determine whether entities are small
and the numbers of small entities.

                               Table 12--Size Standards and the Affected Entities
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
         NAICS U.S. industry title             NAICS             Size standard           Number of      small
                                                code                                      entities     entities
----------------------------------------------------------------------------------------------------------------
Small Government Jurisdiction..............        N/A  ``governments of cities,                 13            0
                                                         counties, towns, townships,
                                                         villages, school districts,
                                                         or special districts with a
                                                         population of less than
                                                         50,000''.
Small Organization.........................        N/A  ``any not-for-profit                      4            4
                                                         enterprise that is
                                                         independently owned and
                                                         operated and not dominant in
                                                         its field''.
Crude Petroleum Extraction.................     211120  1,250 employees...............            1            0
Inland Water Freight Transportation........     483211  750 employees.................            1            1
Inland Water Passenger Transportation......     483212  500 employees.................            1            0
Navigational Services to Shipping..........     488330  $41.5 million in revenue......            2            1