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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules property damage, or becoming a larger marine hazard.

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Federal Advisory Committee Recommendations Following the implementation of the 2013 final rule, 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 7 and the Towing Safety Advisory Committee TSAC 8 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. Prior to the MERPAC meeting held in March of 2017, the Coast Guard invited public comment on the issues listed in the meeting agenda, including Task Statement 95, Recommendations Regarding Training Requirements for Officer Endorsements for Master or Mate Pilot of Towing Vessels, except Assistance Towing and Apprentice Mate Steersman of Towing Vessels, in Inland Service.9 In response, MERPAC
received input from two mariners working on inland waters and Western Rivers towing vessels transporting tank barges, one as a mate pilot and the other as a master. Both mariners suggested that a lack of firefighting skills could directly contribute to the escalation of an emergency that could ultimately lead to injury or death of vessel crewmembers. Both mariners also suggested that mariners on inland waters and Western Rivers towing vessels need to complete approved firefighting training in order to be prepared to adequately respond to a fire on their vessel, and that time and money spent on training is an investment in safety. Each mariner also expressed that onboard training and drills were not conducted in a way that 7 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.
8 See Towing Safety Advisory Committee, Task 1602, 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.
9 See MERPAC notice of Federal Advisory Committee meeting 82 FR 9575.

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adequately prepares mariners to handle evolving emergency situations on board the vessels. They also stated that annual inspections were not adequate to ensure training and drills were being conducted as they only verify the paper records and do not verify the conduct of practical exercises in handling emergency situations.
In their recommendations to the Coast Guard, both MERPAC and TSAC
commented that the basic firefighting requirements in 11.201h3ii are based on equipment found on deep-sea vessels and not on vessels operating on inland waters or Western Rivers. TSAC
identified equipment covered in the basic firefighting training requirements, contained in Table AVI/12 of the STCW Code that is not required to be carried on towing vessels operating on inland waters or Western Rivers.10 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. Because the basic firefighting training in 11.201h3ii 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.
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.11 The Coast Guard received public input from a trade association representing the towing industry regarding the regulations in 11.201h3ii, which requires 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 27.209 and 142.245, which require company provided firefighting instruction and drills, are adequate to address fires onboard 10 Id.

at 8.
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=USCG2017-0480-0001.
11 See
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towing vessels. The commenter recommended that the Coast Guard eliminate the basic firefighting training requirement in 11.201h3ii for national officer endorsements as master or mate pilot of towing vessels on inland waters and Western Rivers. The commenter asserted that this would alleviate an unnecessary regulatory burden by not requiring mariners or their employers to pay for inappropriate firefighting training that does not address a demonstrated safety need.
As noted in the letter from the trade association, current towing vessel regulations in 27.209 and 142.245
require company provided firefighting instruction and drills that are adequate to address fires onboard towing vessels.
However, input provided by mariners in response to the Coast Guards request for public input on MERPAC Task Statement 95, as previously discussed, provides information on their experience with company provided onboard training and drills. These mariners expressed that training and drills were not conducted in a way that adequately prepares mariners to handle evolving emergency situations on board the vessels. They also stated that annual inspections were not adequate to ensure training and drills were being conducted, as they only verify the paper records and do not verify the conduct of practical exercises in handling emergency situations.
After receiving recommendations from MERPAC and TSAC and reviewing the public comments, the Coast Guard determined that the basic firefighting training for national officer endorsement as master or mate pilot of towing vessels on inland waters and Western Rivers should be retained. Basic firefighting training ensures that mariners have basic firefighting skills and leads to increased maritime safety by ensuring mariners will be able to contain a small fire before it spreads throughout the vessel and becomes a threat to life, or a hazard to the environment and public safety.
However, we have determined 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.
With this proposed rule, applicants seeking national officer endorsements as master or mate pilot of towing vessels on inland waters or Western Rivers would have the option to take a modified basic firefighting course that excludes training on equipment that is not required to be carried on their vessels.
This proposed change would apply to applicants for national MMC

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