Section 51.1(b)(2) is amended to read as follows:

(2) The availability of openings for applicant apprentices shall be posted on the board's website at [www.bdcommpilotsny.org] www.nypilotcommission.org and advertised in an appropriate trade journal. These advertisements shall specify a deadline for submitting the applications. Qualified applicants shall be considered without discrimination because of race, color, religion, national origin, sex or marital status.

Section 51.1(c)(1)(i) is amended to read as follows:

(i) is at least [18] 21 years of age and is not more than [27] 30 years of age no later than April 15 of the year the application is filed;

Section 51.1(c)(6)(3)(i) is amended to read as follows:

(i) a [Merchant Mariner's Document] Merchant Mariner Credential with Able-Bodied Seaman and Lifeboatman's endorsements;

The New York State Board of Commissioners of Pilots (the “Board”), pursuant to its authority under New York State Navigation Law and regulations stated in 21 CRR-NY 51.1, herby submit the following information subject to a Consensus rulemaking procedure. Consensus rule making is appropriate where the changes made are not likely to be subject to public opposition. The changes sought by the Board are non-controversial and administrative in nature. Additionally, after discussion with relevant local stakeholders the Board can represent that no party has indicated any intention to object to any proposed changes being made by the Board.

Specifically, the changes sought include updating the Board’s website address, changing one word relating to a licensing term and updating the age eligibility requirements from ineffectual standards to standards reflecting the current application pool. The final change updates the age range for employment from 18-27 years of age to 21-30 years of age. This change allows for an enlarged pool of applicants giving the Board access to higher quality candidates that otherwise are not eligible under the current age requirement. The practical application of the changes impacts an extremely narrow cross section of the public—perhaps less than 100 people in the entire State of New York on an annual basis. The Board does not expect any opposition to the modifications sought in this consensus rule.

1. Nature of impact: The rule will create employment opportunities for young men and women seeking jobs in the marine transportation industry.

When the apprentice selection regulations were last revised, one of the changes made to the regulations at that time was adding the requirement that the applicant hold a bachelor's degree. The 18-27 age range requirement was not changed, although the minimum application age of 18 was rendered ineffectual by the college degree requirement. The Board plans to reconcile these two provisions by raising the minimum application age to 21, while maintaining a 9-year range of eligibility.

The current upper age limit of 27 results in otherwise highly rated candidates to "age out" of eligibility. Since applications can only be filed every two years, most applicants only have an opportunity to apply three or possibly four times before aging out. Yet candidates that reapply generally demonstrate additional professional experience that enhances their application. An opportunity to apply until the age of 30 would allow qualified candidates to gain even more experience relevant to their application and their ability to perform as an apprentice. These qualifications include upgrading their Merchant Mariner Credential with additional sea time, obtaining pilotage in New York Harbor or elsewhere, or obtaining other relevant maritime experience.

The current age limit also makes it less likely that anyone who serves in the military after graduation would have sufficient time after leaving the military before they turn 27 to gain the necessary maritime experience to be a highly rated apprentice candidate.

2. Categories and numbers affected: The rule will create and sustain jobs in the marine transportation industry. Changes to existing regulations will not alter employment numbers in any meaningful way, i.e., by more than one to three people per year.

3. Regions of adverse impact: The rule would have no disproportionate adverse impact on jobs or employment opportunities in any region of the state.

4. Minimizing adverse impact: The rule publicizes the availability of openings for applicant apprentices on the Board of Commissioners of Pilots website.