RULES AND REGULATIONS
Title 4--ADMINISTRATION
NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES
[4 PA. CODE CHS. 401--403 AND 405]
Navigation Licensure and Renewal
[32 Pa.B. 3211] The Navigation Commission for the Delaware River and its Navigable Tributaries (Commission) amends Chapters 401--403 and 405. These amendments revise and update four of the six chapters of the Commission's regulations in the first revision of the regulations since 1977.
I. Statutory Authority
The Commission has authority to promulgate regulations under section 4 of the act of March 29, 1803 (P. L. 542, 4 Sm.L. 67) (55 P. S. § 31); and section 2504-B(4) of The Administrative Code of 1929 (71 P. S. § 670.2(4)).
II. Responses to Comments
The notice of proposed rulemaking was published at 30 Pa.B. 3179 (June 24, 2000) and was subject to a 30-day public comment period. The Commission received no public comments. The House Professional Licensure Committee (HPLC) filed its comments on August 11, 2000. The Independent Regulatory Review Commission (IRRC) filed its comments on August 24, 2000. Because the Preamble for the proposed rulemaking was previously printed in the Pennsylvania Bulletin and described the amendments in detail, this Preamble will only address the amendments that the Commission made as a result of the comments that the HPLC and IRRC provided, and changes to the statute made on these same subjects in May and June of 2001.
The comments made by the HPLC related to the validity or reliability of proposed procedural changes, or both, as well as consistency with statutory provisions. The comments made by the HPLC are addressed in the particular amendments to the regulations, as referenced in this Preamble.
The comments made by IRRC related to clarity, reasonableness, implementation procedure, consistency and statutory authority. These comments are noted in specific amendments to the regulations, as referenced in this Preamble.
III. Purpose
These amendments enhance the navigational safety on the Delaware River through the implementation of requirements for state-licensed pilots, such as random drug testing, continuing education, special training in bridge resource management and automatic radar plotting aids, as well as mandatory pilotage trips to maintain current knowledge of river conditions (recency-of-route). The amendments eliminate regulations which are obsolete because of statutory changes affecting the Commission and state-licensed pilots or which are unnecessary because their subject matter is adequately covered by statute.
The amendments on final rulemaking also give those regulations retained by the Commission better organization and clarity. A description of the revisions and changes appears as follows:
IV. Responses to Statutory Changes
The amendments also articulate those changes made by the General Assembly and signed into law in 2001. The act of June 22, 2001 (P. L. 582, No. 41) (Act 41) restates the membership of the Commission, as previously designated in section 475(a) of The Administrative Code of 1929 (71 P. S. § 180.5(a)), and removes the requirement that the principal office of the Commission be in Philadelphia. This change is discussed further in Section V, § 401.2 (relating to Commission office), of this Preamble. Act 41 also provides for the Commission's meetings to be held in Philadelphia or at a location determined by a majority vote of the Commission. Additionally, Act 41 requires public notice of the time and place of the Commission's meetings to comport with 65 Pa.C.S. Chapter 7 (relating to Sunshine Law). These changes are discussed in Section V, § 402.11 (relating to meetings), of this Preamble.
The act of May 17, 2001 (P. L. 98, No. 11) (Act 11) changed the reporting requirement to a recordkeeping requirement for those pilots who train an apprentice. This change is discussed further in Section V, § 405.9(b) (relating to apprentices), of this Preamble.
V. Description of Revisions
Chapter 401 (relating to general provisions)
§ 401.2 (relating to Commission office)
Section 401.2 includes the full address for the Commission's office including state and zip code in accordance with IRRC's suggestion. At the suggestion of IRRC, the Commission also designated this office as the location where potential applicants can obtain all necessary forms. When Act 11 removed the requirement that the principal office of the Commission must be in Philadelphia, the Commission designated the Department of State (Department) in Harrisburg as its office.
Chapter 402 (relating to administration)
§ 402.11 (relating to meetings)
A new subsection (c) provides for the Commission's meetings to be held in Philadelphia or at a location determined by a majority vote of the Commission, as authorized by Act 41.
Chapter 405 (relating to pilots and pilotage)
§ 405.3 (relating to application for licensure or apprenticeship)
At the suggestion of IRRC, the Commission inserted the address and phone number of the Department (the Commission's administrative office), and clearly designated this as the location where potential applicants can obtain all necessary forms.
§ 405.4 (relating to examination for sixth-class license)
The Commission articulated, with specificity, the precise format and requirements for passage of the entry-level oral or written examination, as suggested by both the HPLC and IRRC. The initial examination, administered by three first-class pilots designated by the Commission, consists of four parts: (i) rules of the road; (ii) chart work; (iii) shiphandling and anchoring; and (iv) local knowledge. A passing grade is set as obtaining 90% of the questions correct on parts (i) and (ii) and 80% correct on parts (iii) and (iv). The written examinations will consist of at least 50 questions on each part, except for chart work. On the chart work portion of the examination, an apprentice is given a blank chart to place labels appropriately for landmarks such as channel depths, shoals, rocks, obstructions, buoys, range lights, overhead bridge clearances, specific geographic features and anchorages.
Regarding the validation of the examination, most of the questions on rules of the road come from the United States Coast Guard (USCG). The source for the information on chart work comes from chart publications of the USCG and the National Oceanographic and Atmospheric Administration (NOAA). The questions on shiphandling and anchoring come from the pilots and relevant textbooks. Local knowledge questions come from the quarterly subjects that the apprentices study, including instructions from the licensed pilots, as well as local regulations and guidelines, along with publications of the USCG, NOAA, the United States Army Corps of Engineers and the Mariners Advisory Committee of the Port of Philadelphia.
If an applicant does not successfully pass on the first attempt, this final-form rulemaking provides for additional opportunities for an applicant to pass the written exam. An oral examination, which is recorded and filed with the Commission, may be administered if an applicant's existing medical condition so requires. After three examinations, the Commission may determine if additional examination opportunities may be provided to the applicant. In addition, the original copies of all written examinations are filed with the Commission as part of its permanent records.
§ 405.5 (relating to classification of pilots)
To facilitate reference to the applicable statutory provision designating the classes of pilots and defining them as suggested by IRRC, § 405.5 lists the appropriate citation as ''section 17 of the act of March 29, 1803 (P. L. 542, Sm.L. 67) (55 P. S. § 42(a)).''
§ 405.7 (relating to qualifications for license)
Section 405.7(a)(3) strikes the phrase ''any cause'' and replaces it with the specific criteria of when a physical examination may be ordered by the Commission, as suggested by IRRC. In this same paragraph, the Commission added the term ''applicant,'' addressing IRRC's suggestion by clarifying that this section applies to both initial applicants and to pilots who renew their licenses. Also, the Commission believes that the second sentence in subsection (a)(3) should remain in § 405.7 because it is a major qualification for licensure. A reference to § 405.8 (relating to physical examination qualifications) is provided in the first sentence of subsection (a)(3). Furthermore, § 405.12 (relating to renewal of license) references this and other subsections of § 405.7. Finally, at the suggestion of IRRC, the Commission included as an option the submission of the current or successor form of the ''Merchant Marine Personnel Physical Examination Report'' of the USCG as proof of a physical examination.
In subsection (a)(4), the Commission made several changes to this final-form rulemaking, as suggested by IRRC. First, the Commission added a procedure in which the random drug testing will be conducted by a testing agency satisfactory to the Commission. Second, a pilot who tests positive for the presence of drugs shall be immediately reported to the Commission. Finally, all other test results shall be filed with the Commission prior to March 1 of each year. This verifies compliance and clarifies what documentation is required and where it is to be filed.
As suggested by IRRC, subsection (a)(9) references § 405.15 (relating to initial license and license renewal fee), which sets the applicable license fee.
Subsection (c) references § 405.4, which relates to the specific examination requirements necessary to obtain a pilot's license and addresses the details concerning the exam's format, which was a question raised by IRRC. Section 405.4 contains precise language expressing what is considered a ''passing grade,'' what is done if an applicant fails the examination, the circumstances under which additional examinations may be administered, and the conditions in which oral examinations may be given.
§ 405.8 (relating to physical examination qualifications)
At the suggestion of the HPLC, the United States standard system of visual acuity replaced the metric system as the means of measurement, and the term ''examination'' was added to the heading of § 405.8. The Commission also amended this section to include the use of information provided in the current or successor form of the ''Merchant Marine Personnel Physical Examination Report'' of the USCG to determine the presence of any medical condition that may directly affect one's ability to pilot a ship safely, as suggested by IRRC.
§ 405.9 (relating to apprentices)
To determine if an applicant is of ''good moral character,'' the Commission added specific provisions to subsection (a)(1), as suggested by IRRC, including: letters of reference, questions regarding the criminal record of the applicant on application forms and information within the possession of the USCG since some applicants may have obtained a USCG license, as provided in subsection (a)(2)(ii).
Section 405.9(a)(3)(ii) was amended to refer to vessels of 1,600 tons to track the statutory language in section 17(b) of the act of March 29, 1803. Tracking the statutory language was also an issue in subsection (b)(1). The HPLC and IRRC suggested that the language of subsection (b)(1) should be consistent with the enabling statute (section 17(b) of the act of March 29, 1803). The Commission added language to subsection (b)(1) that mirrors the enabling statute, stating that an apprentice who, ''at the time of appointment, holds at least a third mate's license need be an apprentice no longer than 3 years.''
At the suggestion of IRRC, the Commission clarified the requirements under subsection (b)(4) of how many and at what intervals reports are required to be filed by pilots who train apprentices. This final subsection, in accordance with Act 11, requires pilots to maintain an activity record of each trip on an apprentice's weekly activity record. The final subsection also articulates the specific information that shall be incorporated with the apprentice's weekly activity record including: the date of the trip; the name of the vessel; where the trip began and ended; and any other information requested by the Commission. In addition to the weekly activity records, at least one pilot evaluation of each apprentice's performance shall be filed on a quarterly basis with the joint Pennsylvania/Delaware Apprentice Pilot Training Program Administrator. An exception for the required evaluation is made for the first two quarters of an apprentice's program because during that initial time frame, the apprentice is primarily observing the piloting of vessels, so there are not sufficient opportunities to evaluate the apprentice's performance. The Commission placed in subsection (b)(5) the requirement that the joint Pennsylvania/Delaware Apprentice Pilot Training Program Administrator report to the Commission, at each meeting, the activities and performance of the Pennsylvania apprentices in the program.
§ 405.12 (relating to renewal of license)
At the suggestion of IRRC, § 405.12 references § 405.15 for payment of the required license renewal fee.
§ 405.19a (relating to docking, undocking and anchoring of vessels)
At the suggestion of IRRC, the Commission deleted any reference to Delaware state-licensed pilots from the language of § 405.19a. The reference to Pennsylvania was deleted for clarity to remain consistent with the terminology used elsewhere to refer to state-licensed pilots.
§ 405.21 (relating to accident reports)
The Commission inserted the language ''within 5 days of the accident'' to describe the length of time a pilot has to submit a written report of an accident, as suggested by IRRC. The Commission also altered the provision to read, ''a pilot involved in a marine accident while on duty . . . '' to clarify this point, as suggested by IRRC. Also at the suggestion of IRRC, the required number to make a telephonic report is clearly stated as the number listed at the issuance of each license or on the annual license renewal notice. This number is (717) 783-7200, which is the primary extension of the Department's Bureau of Professional and Occupational Affairs. This number is staffed by an operator at all times during normal business hours and has voice-mail capabilities at all other times, including weekends.
VI. Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1, ''Regulatory Review and Promulgation,'' the Commission invited comments from the regulated community and interested parties. In drafting the proposed rulemaking, the Commission had extensive consultations with, and input from The Pilots' Association for the Bay and River Delaware, a business association representing the interests of all state-licensed pilots in this Commonwealth and Delaware. In addition, the Commission consulted with the American Pilots' Association, the USCG and the National Transportation Safety Board. When the rulemaking was proposed, the Commission received no public comments.
VII. Fiscal Impact
The final-form rulemaking promulgated by the Commission will have no measurable fiscal impact on the Commonwealth, its political subdivisions or the private sector because fees paid by licensees support the Commission. The changes are in harmony with current Federal regulations and recommendations as well as with stricter regulations now present in Delaware. Although these changes will not have a substantial fiscal impact because Pennsylvania pilots have already implemented many of them, there may be a minimal fiscal impact, which cannot be calculated at this time.
VIII. Paperwork Requirements
This final-form rulemaking will require the Commission to update its license renewal forms and its application forms for pilot's licenses and for apprentice appointments. However, this final-form rulemaking does not create new paperwork for other agencies of the Commonwealth, political subdivisions of the Commonwealth or the general public.
IX. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 14, 2000, the Commission submitted a copy of the proposed rulemaking to IRRC, the Senate Consumer Protection and Professional Licensure Committee and the HPLC.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when required. In preparing this final-form rulemaking, the Commission has considered comments from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on May 7, 2002, this final-form rulemaking was approved by the HPLC and deemed approved by the Senate Consumer Protection and Professional Licensure Committee on May 21, 2002. IRRC met on May 30, 2002, and approved the final-form rulemaking under section 5.1(e) of the Regulatory Review Act.
X. Contact Person
Interested persons may contact Louis Lawrence Boyle, Deputy Chief Counsel, Department of State and Counsel to the Navigation Commission for the Delaware River and its Navigable Tributaries, 302 North Office Building, Harrisburg, PA 17120-0029.
XI. Findings
The Commission finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 30 Pa.B. 3179.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in this Preamble.
XII. Order
The Commission, acting under its authorizing statutes, orders that:
(a) The regulations of the Commission, 4 Pa. Code Chapters 401--403 and 405, are amended by amending §§ 401.1, 401.2, 402.4, 402.11, 405.3--405.5, 405.7--405.12 and 405.21; by adding § 405.19a; and by deleting §§ 402.5, 402.9, 402.10, 403.1--403.5, 403.11--403.14, 403.21--403.25, 405.2, 405.6, 405.14, 405.16--405.18, 405.27--405.29, 405.31 and 405.33 to read as set forth in Annex A.
(b) The Commission shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
C. MICHAEL WEAVER,
Secretary of the Commonwealth
Chairperson of the Commission(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 2954 (June 15, 2002).)
Fiscal Note: Fiscal Note 16A-662 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 4. ADMINISTRATION
PART XIII. NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES
CHAPTER 401. GENERAL PROVISIONS § 401.1. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Chairperson--The Chairperson of the Commission.
Commission--The Navigation Commission for the Delaware River and its navigable tributaries.
Department--The Department of State of the Commonwealth.
Navigable tributaries--Tidal portions of the navigable tributaries are defined as follows:
(i) Schuylkill River below Fairmount Dam.
(ii) Chester Creek below Ninth Street.
(iii) Crum Creek below Route 291 (Industrial Highway) bridge.
(iv) Darby Creek below 84th Street.
(v) Neshaminy Creek below Route 13 bridge.
(vi) Pennypack Creek below Frankford Avenue Bridge.
(vii) Ridley Creek below Baltimore and Ohio Railroad Bridge in Chester.
River--Tidal portions of the Delaware River, from the Delaware border in the South to the Railroad Bridge at Morrisville in the North, and its navigable tributaries within this Commonwealth.
Secretary--The Secretary of the Commonwealth.
§ 401.2. Commission office.
The office of the Commission is located at the Department of State, 302 North Office Building, Harrisburg, Pennsylvania 17120-0029. Forms may be obtained from the Department or by calling (717) 787-6802.
CHAPTER 402. ADMINISTRATION § 402.4. Department of State Commission.
The Commission will be a departmental commission of the Department.
§ 402.5. (Reserved).
§ 402.9. (Reserved).
§ 402.10. (Reserved).
§ 402.11. Meetings.
(a) The regular meetings of the Commission will be held semiannually after public notice as required by 65 Pa.C.S. Chapter 7 (relating to Sunshine Act).
(b) Special meetings may be called by the Chairperson after 3 days notice to the Commission and after public notice as required by 65 Pa.C.S. Chapter 7.
(c) Meetings of the Commission will be held in Philadelphia or at a location determined by a majority vote of the Commission.
CHAPTER 403. (Reserved) §§ 403.1--403.5. (Reserved).
§§ 403.11--403.14. (Reserved).
§§ 403.21--403.25. (Reserved).
CHAPTER 405. PILOTS AND PILOTAGE § 405.2. (Reserved).
§ 405.3. Application for licensure or apprenticeship.
An applicant for initial issuance of a pilot's license, for renewal of a pilot's license or for appointment as an apprentice shall submit an application on a form provided by the Commission. Forms may be obtained from the Department of State, 302 North Office Building, Harrisburg, Pennsylvania 17120 or by calling (717) 787-6802.
§ 405.4. Examination for sixth-class license.
(a) The Commission will designate at least three first-class pilots to conduct or develop an oral or written examination of an applicant for a sixth-class pilot's license for the purpose of ascertaining the applicant's fitness to perform the duties of a pilot. The Commission will fix the date, time, manner and place of the examination.
(b) Applicants for a sixth class license shall pass an initial written examination that is comprised of the following four parts:
(1) Rules of the road.
(2) Chart work.
(3) Shiphandling and anchoring.
(4) Local knowledge.
(c) A passing grade on the parts in subsection (b)(1) and (2) is 90%, and a passing grade on the parts in subsection (b)(3) and (4) is 80%. The written examinations will consist of at least 50 questions on each part except chart work. Applicants who do not attain a passing score on any part of the initial exam shall be given another written examination on that part that the applicant did not pass. If an applicant fails to pass the second written examination on any part, the applicant shall be given a third written examination on that part that the applicant did not pass. When an applicant is unable for a medical reason, such as dyslexia, to successfully pass two different written examinations, the Commission may approve an oral administration of the examination. After three examinations, the Commission may determine if additional examination opportunities will be provided to any applicant. The examination for a sixth-class pilot's license may consist of the following topics:
(1) Inland and pilot rules.
(2) Aids to navigation.
(3) Courses, distances and distances passed abeam at change of course points between given points.
(4) Important and essential cable areas.
(5) Dredged channel widths and depths.
(6) Bridge signals, widths, regulations and closing periods.
(7) Ship handling, docking problems, seamanship by actual observation, use of tow boats and anchors.
(8) Regulations of the Commission.
(9) Anchorage locations.
(10) Duties of a pilot.
(11) Relationship between master and pilot.
(12) Practical operation and use of marine radar, including use of maneuvering board.
(13) Currents and tides.
(14) Dock headings, lengths, depths of water alongside, pier locations and berth numbers.
(15) United States Government Public Health Quarantine regulations.
(16) Prohibited areas, restricted areas, explosive anchorages.
(17) Chart knowledge, including chart symbols and abbreviations.
(18) Use of navigational and bridge instruments.
(19) Engine order and rudder commands for the following:
(i) United States Merchant vessels.
(ii) United States Naval vessels.
(iii) Foreign flag merchant vessels.
(20) Ranges for determining error in channel ranges.
(d) Each oral examination shall be tape-recorded, and the original copy of the recording shall be filed with the Commission as part of its permanent records. If a written examination is given, the original copy of the written examination shall be filed with the Commission as part of its permanent records.
§ 405.5. Classifications of pilots.
For classifications of pilots, see section 17 of the act of March 29, 1803 (P. L. 542, 4 Sm.L. 67) (55 P. S. § 42).
§ 405.6. (Reserved).
§ 405.7. Qualifications for license.
(a) An applicant for the initial issuance of a pilot's license in any class shall:
(1) Except for first-time applicants for a sixth class license, have served at least 1 year in each of the license classes below the class of license applied for.
(2) Have complied with subsection (d).
(3) Have passed a physical examination within 6 months of the date of application based on the requirements of § 405.8 (relating to physical qualifications), as evidenced by a physician's statement. As proof of a physical examination, pilots may submit the current or successor form of the ''Merchant Marine Personnel Physical Examination Report'' of the United States Coast Guard. Physical examinations may also be ordered by the Commission for any pilot or applicant at any time that there is cause to believe that the physical condition of the pilot or applicant may be so impaired as to impact the pilot or applicant's ability to discharge his duties.
(4) Have participated in a program of random drug testing during the preceding calender year that meets the standards of Coast Guard Regulations under 46 CFR Part 16 (relating to chemical testing). The random drug testing shall be performed by a testing agency satisfactory to the Commission. The testing agency conducting this random drug testing shall submit to the Commission documentation of the results immediately for any pilot who tests positive. The testing agency conducting this random drug testing shall submit to the Commission documentation of the results for all other pilots prior to March 1 of each year.
(5) Have been qualified as a radar observer, as evidenced by one of the following:
(i) A radar observer endorsement on a current Federal pilot's license.
(ii) A certificate issued by a Coast Guard-approved authority reflecting that the certificateholder satisfactorily completed a course of instruction for radar observers, within 5 years of the date of application.
(6) Have completed a Commission-approved course in bridge resource management within 3 years of the date of application or renewal.
(7) Have completed a Commission-approved course in automatic radar plotting aids (ARPA) once in a pilot's career.
(8) Post a surety bond that satisfies the requirements of § 405.13 (relating to bonding).
(9) Pay the required license fee, as specified in § 405.15 (relating to initial license and license renewal fee).
(b) In addition to meeting the requirements of subsection (a), a first-time applicant for a first-class pilot's license shall:
(1) Have completed 40 hours of Commission-approved continuing education in navigation, ship handling or related topics within the preceding 5 years. Courses in the required areas of radar observer, ARPA and bridge resource management may count towards the 40-hour total. The Commission will approve the education facilities that qualify to provide this education. This continuing education requirement becomes effective July 6, 2004.
(2) Have appeared before the Commission for a personal interview.
(c) In addition to meeting the requirements of subsection (a), an applicant for a sixth-class pilot's license shall score a passing grade or better on an examination, as provided in § 405.4(b) (relating to examination for sixth-class license). Prior to taking the examination, the applicant shall:
(1) Be at least 21 years of age.
(2) Be within 3 months of completing a Commission-approved apprenticeship.
(3) Have acquired a current Federal pilot's license for the Delaware River issued by the Coast Guard.
(d) In addition to meeting the requirements of subsection (a), applicants for a pilot's license:
(1) Shall have piloted at least 52 vessels during the preceding license period, if the applicant is a current license-holder, unless waived by the Commission under paragraph (2).
(2) May seek a waiver from the Commission of the requirement of paragraph (1), in whole or in part, for illness, disability or other good cause that prevents a pilot from piloting the required number of vessels. If a waiver is granted, the Commission may condition the issuance of the license on the applicant's completion of refresher trips up or down the river as may be necessary to ensure that the applicant is familiar with current conditions along the route. Refresher trips shall be made in the company of a first-class pilot.
§ 405.8. Physical examination qualifications.
The physical qualifications for a pilot or apprentice are as follows:
(1) Visual acuity of 20/30 in one eye and 20/80 in the other--correctable to 20/20 and 20/30, respectively--and normal color perception.
(2) Hearing acuity to the extent of correctly repeating, with eyes closed, words or numbers spoken by the examiner in an ordinary conversational tone of voice from a distance of 20 feet. Each ear shall be tested separately; the ear being tested shall be turned in the direction of the examiner while the other ear is plugged.
(3) The absence of any medical condition that may directly affect one's ability to pilot a ship safely, as noted on the current or successor form of the ''Merchant Marine Personnel Physical Examination Report'' of the United States Coast Guard.
§ 405.9. Apprentices.
(a) Apprentice qualifications. An applicant for an apprenticeship as a pilot shall:
(1) Be of good moral character. The Commission may use any of the following methods to determine moral character:
(i) Letters of reference.
(ii) Questions regarding the criminal record of the applicant on application forms.
(iii) Relevant information within the possession of the United States Coast Guard such as any action taken against the applicant's Coast Guard license, if applicable.
(2) Have acquired one of the following:
(i) A baccalaureate degree from a recognized and certified college or university or from a maritime academy operated by the United States or any state.
(ii) A Coast Guard-issued license to serve as a third mate on all oceans aboard vessels of 1,600 tons, or a higher class of license.
(3) Have passed a physical examination within 6 months of the date of application based on the requirements of § 405.8 (relating to physical examinations), as evidenced by a physician's statement.
(b) Conduct of apprenticeship. An apprenticeship shall provide the theoretical education and supervised practical experience required for licensure as a sixth-class pilot and shall be conducted as follows:
(1) Every apprentice shall serve an apprenticeship of 4 years, except that an apprentice who, at the time of appointment, holds at least a third mate's license under subsection (a)(2)(ii) need be an apprentice no longer than 3 years.
(2) The theoretical aspect of an apprenticeship shall cover, but not be limited to, the topics in § 405.4 (relating to examination for license).
(3) An apprentice shall make at least 500 trips up or down the river in vessels with a pilot licensed by Pennsylvania or Delaware.
(4) The pilots who train an apprentice shall maintain a record of each trip on the apprentice's weekly activity record with the joint Pennsylvania/Delaware Apprentice Pilot Training Program Administrator. Each apprentice's weekly activity record shall include: the date of the trip, the name of the vessel, where the trip began and ended and other information requested by the Commission. At least one pilot who trains an apprentice shall also conduct an evaluation of each apprentice's performance on at least a quarterly basis, except during the first two quarters of the apprentice's program, and shall file the evaluation with the Joint Pennsylvania/Delaware Apprentice Pilot Training Program Administrator.
(5) The Joint Pennsylvania/Delaware Apprentice Pilot Training Program Administrator shall file summary reports with the Commission at each meeting on the activities and performance of the Pennsylvania apprentices in the apprentice program.
§ 405.10. Term of license.
A license shall be for a term of 1 year, subject to renewal by the Commission.
§ 405.11. Nondiscrimination.
The Commission will comply with applicable State and Federal laws prohibiting discrimination in licensing or apprenticeship opportunities. A person will not be denied a license, refused an apprenticeship indenture, refused sponsorship for a pilot's license or discriminated against in the provision of pilotage services because of race, religion, national origin, sex or age.
§ 405.12. Renewal of license.
(a) An applicant for renewal of a pilot's license in any class shall:
(1) Have satisfied the requirements of § 405.7(a)(1)--(6) and (8) (relating to qualifications for license).
(2) Pay the required renewal fee, as specified in § 405.15 (relating to initial license and license renewal fee).
(b) In addition to meeting the requirements of subsection (a), an applicant for renewal of a first class pilot's license shall have completed 40 hours of Commission-approved continuing education in navigation, ship handling or related topics within the preceding 5 years. Courses in the required areas of radar observer, automatic radar plotting aids (ARPA) and bridge resource management may count towards the 40-hour total. The Commission will approve the education facilities that qualify to provide this education. This continuing education requirement shall become effective July 6, 2004.
§ 405.14. (Reserved).
§§ 405.16--405.18. (Reserved).
§ 405.19a. Docking, undocking and anchoring of vessels.
When a vessel which has taken aboard a state-licensed pilot is docking, undocking or anchoring, the state-licensed pilot shall remain on the bridge, attentive to duty, until the vessel has at least one ship's line secured to the dock or until the vessel is anchored properly and firmly within a designated anchorage area or until the state-licensed pilot is discharged at the pilot station area upon the vessel's departure to sea. This section does not prohibit the master of a vessel from employing the services of a docking master.
§ 405.21. Accident reports.
(a) Written report. A pilot involved in a marine accident while on duty shall submit a written report of the accident within 5 days of the accident to the Commission at the address or fascimile number listed at the issuance of each license or license renewal notice if the accident results in one of the following:
(1) Actual physical damage to property in excess of $1,500.
(2) Material damage affecting the seaworthiness or efficiency of a vessel.
(3) Stranding or grounding.
(4) Loss of life.
(5) Injury causing a person to remain hospitalized in excess of 72 hours.
(b) Telephonic report. In addition to submitting a written report under subsection (a), a pilot involved in a marine accident while on duty shall make a telephonic report of the accident to the Commission to telephone numbers listed at the issuance of each license or on the annual license renewal notice within 24 hours of the accident if the accident results in one of the following:
(1) Loss of life.
(2) Collision or grounding.
(3) Oil spill.
(c) Contents of report. An accident report, whether written or telephonic, shall set forth the following:
(1) Vessels and objects involved in the accident.
(2) Location, date and time of the accident.
(3) Weather and sea conditions when the accident occurred.
(4) Events and circumstances leading to the accident.
(5) Nature of the accident.
(6) Nature of loss or damage resulting from the accident.
(d) Coast Guard Report. A pilot may submit a copy of a completed Coast Guard Report of Vessel Casualty or Accident Form, along with any attachments to satisfy the requirements of subsections (a) and (c).
§§ 405.27--405.29. (Reserved).
§ 405.31. (Reserved).
§ 405.33. (Reserved).
[Pa.B. Doc. No. 02-1169. Filed for public inspection July 5, 2002, 9:00 a.m.]
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