Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 1, 10, 11, 12, 13, 14, and 15

[Docket No. USCG-2004-17914]

RIN 1625-AA16

Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.

AGENCY:

Coast Guard, DHS.

ACTION:

Supplemental notice of proposed rulemaking; notice of public meetings.

SUMMARY:

The Coast Guard proposes to amend the existing regulations that implement the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), as well as the Seafarer's Training, Certification and Watchkeeping Code (STCW Code). The changes proposed in this Supplemental Notice of Proposed Rulemaking (SNPRM) address the comments received from the public response to the Notice of Proposed Rulemaking (NPRM), in most cases through revisions based on those comments, and propose to incorporate the 2010 amendments to the STCW Convention that will come into force on January 1, 2012. In addition, this SNPRM proposes to make other non-STCW changes necessary to reorganize, clarify, and update these regulations.

DATES:

Comments and related material must either be submitted to our online docket via

http://www.regulations.gov

on or before September 30, 2011 or reach the Docket Management Facility by that date. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before September 30, 2011.

ADDRESSES:

You may submit comments identified by docket number USCG-2004-17914 using any one of the following methods:

(1)

Federal eRulemaking Portal: http://www.regulations.gov.

(2)

Fax:

202-493-2251.

(3)

Mail:

Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

(4)

Hand delivery:

Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

To avoid duplication, please use only one of these four methods. See the “Public Participation and Request for Comments” portion of the

SUPPLEMENTARY INFORMATION

section below for instructions on submitting comments.

Collection of Information Comments:

If you have comments on the collection of information discussed in section VIII.D of this NPRM, you must also send comments to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget. To ensure that your comments to OIRA are received on time, the preferred methods are by e-mail to

oira_submission@omb.eop.gov

(include the docket number and “Attention: Desk Officer for Coast Guard, DHS” in the subject line of the e-mail) or fax at 202-395-6566. An alternate, though slower, method is by U.S. mail to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.

Viewing incorporation by reference material:

You may inspect the material proposed for incorporation by reference at room 1210, U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-372-1401. Copies of the material are available as indicated in the “Incorporation by Reference” section of this preamble.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this proposed rule, call or e-mail Ms. Zoe Goss, Maritime Personnel Qualifications Division, Coast Guard; telephone 202-372-1425, e-mail Zoe.A.Goss@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments

A. Submitting Comments

B. Viewing Comments and Documents

C. Privacy Act

D. Public Meeting

II. Abbreviations

III. Regulatory History

IV. Basis and Purpose

V. Background

VI. Discussion of Proposed Rule

A. Overview

B. Differences Between This SNPRM and the Coast Guard's Current Regulations

C. Table of Proposed Changes

D. Part 12 Re-Numbering

VII. Discussion of Comments on the NPRM

VIII. Incorporation by Reference

IX. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates Reform Act

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. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to

http://www.regulations.gov

and will include any personal information you have provided.

A. Submitting Comments

If you submit a comment, please include the docket number for this rulemaking (USCG-2004-17914), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission.

To submit your comment online, go to

http://www.regulations.gov,

click on the “submit a comment” box, which will then become highlighted in blue. In the “Document Type” drop down menu select “Proposed Rule” and insert “USCG-2004-17914” in the “Keyword” box. Click “Search” then click on the balloon shape in the “Actions” column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8

1/2

; by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope.

We will consider all comments and material received during the comment

period and may change this proposed rule based on your comments.

B. Additional Request for Comments

In addition to encouraging your comments on all of the proposals within this rulemaking, the Coast Guard seeks specific comment on the issues outlined below:

1. The value of tonnage and route restrictions for engineer endorsements. Current regulations restrict Designated Duty Engineers (DDEs) with 1,000 horsepower (HP) and 4,000 HP limits to inland and near-coastal waters, and all DDEs to 500 gross register tons (GRT) vessels. Also, the limited series of engineer credentials authorize service on vessels less than 1,600 GRT/3,000 gross tonnage (GT), with two classes of chief engineer, one of which authorizes sailing only on near-coastal waters. The Coast Guard seeks comment from the public regarding the possible elimination or retention of these tonnage and route restrictions.

2. Alternative or additional requirements for limiting engineer authority, such as maintaining current horsepower limits, adding equipment restrictions, or any other alternative requirements.

3. Potential changes to the qualification requirements for a Designated Examiner (DE) for Towing Officer's Assessment Record (TOARs) to allow mariners to serve as DEs by virtue of their endorsement without any further approval process.

4. Who, within the mariner population, will take advantage of the alternatives provided to meet the standards of competence, besides formal training, for an STCW endorsement.

5. The extent to which changes to sea service requirements, particularly in § 10.232, will increase the availability of mariners for service on ocean-going ships.

6. Possible changes to fee payment options, as proposed in § 10.219, which would eliminate the ability to pay by cash or check.

C. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble as being available in the docket, go to

http://www.regulations.gov,

click on the “read comments” box, which will then become highlighted in blue. In the “Keyword” box insert “USCG-2004-17914” and click “Search.” Click the “Open Docket Folder” in the “Actions” column. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility.

D. Privacy Act

Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the

Federal Register

(73 FR 3316).

E. Public Meeting

We plan to hold public meetings in Miami, New Orleans, Seattle, and Washington, DC.

We will be providing the dates, times, and exact locations of those meetings by later

Federal Register

notice.

II. Abbreviations

A/B Able Seaman

ARPA Automatic Radar Plotting Aid

ATB Articulated Tug Barge

BCO Ballast Control Operator

BRM Bridge Resource Management

BS Barge Supervisor

BST Basic Safety Training

CFR Code of Federal Regulations

COI Certificate of Inspection

COLREGS International Regulations for Preventing Collisions at Sea

CPR Cardio-Pulmonary Resuscitation

DC Damage Control

DDE Designated Duty Engineer

DE Designated Examiner

DL Dangerous Liquid

DOT Department of Transportation

ECDIS Electronic Chart Display Information System

EEZ Exclusive Economic Zone

ERM Engine Room Resource Management

FCC Federal Communications Commission

F.H. Food Handler

FR

Federal Register

GMDSS Global Maritime Distress and Safety System

GRT Gross Register Tons

GT Gross Tonnage

HP Horsepower

IMDG The International Maritime Dangerous Goods Code

IMO International Maritime Organization

IR Interim Rule

IRFA Initial Regulatory Flexibility Act

ISM International Safety Management Code

ISO International Organization for Standardization

ISPS International Ship and Port Facility Security

ITB Integrated Tug Barge

ITC International Tonnage Convention on Tonnage Measurement of Ships, 1969

KUP Knowledge, Understanding, and Proficiency

kW Kilowatts

LG Liquefied Gas

MARAD Maritime Administration

MARPOL 73/78 International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978

MERPAC Merchant Marine Personnel Advisory Committee

MMC Merchant Mariner Credential

MMD Merchant Mariner Document

MODU Mobile Offshore Drilling Unit

NAVSAC Navigation Safety Advisory Committee

NDR National Driver Register

NMC U.S. Coast Guard National Maritime Center

NEPA National Environment Policy Act of 1969

NPRM Notice of Proposed Rulemaking

NVIC Navigation and Vessel Inspection Circular

OCMI Officer in Charge, Marine Inspection

OICEW Officer in Charge of an Engineering Watch

OICNW Officer in Charge of a Navigational Watch

OIM Offshore Installation Manager

OIRA Office of Information and Regulatory Affairs

OJT On-the-job training

OMB Office of Management and Budget

OSV Offshore Supply Vessel

OUPV Operator of an Uninspected Passenger Vessel

PIC Person in Charge

PMS Preventive Maintenance System

PSC Proficiency in Survival Craft

QA Qualified Assessor

QMED Qualified Member of the Engineering Department

QSS Quality Standard Systems

REC Regional Examination Center

RFA Regulatory Flexibility Act

RFPEW Ratings Forming Part of an Engineering Watch

RFPNW Ratings Forming Part of a Navigational Watch

SHIP Seafarers' Health Improvement Program

SOLAS The International Convention for the Safety of Life at Sea (1974)

STCW Code Seafarer's Training, Certification and Watchkeeping Code

STCW Convention International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended

STCW-F International Convention on Standards of Training, Certification, and Watchkeeping for Fishing Vessel Personnel

TOAR Towing Officer's Assessment Record

TRB Training Record Book

TSA Transportation Security Administration

TSAC Towing Safety Advisory Committee

UPV Uninspected Passenger Vessel

UTV Uninspected Towing Vessel

VSO Vessel Security Officer

III. Regulatory History

The Coast Guard first published changes to the regulations governing the credentialing of merchant mariners serving on U.S. flag vessels with an Interim Rule (IR) on June 26, 1997 (62 FR 34505). The 1997 IR ensured that

U.S. merchant mariner credentials would meet IMO standards, thereby reducing the possibility of U.S. ships being detained in a foreign port for non-compliance.

In 2009, The Coast Guard proposed to update the changes made by the 1997 IR through experience gained during the implementation of that rule. To that end, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) on November 17, 2009 (74 FR 59354). The proposed rule sought to incorporate all effective amendments as of that publication date to the STCW Convention and Code. The Coast Guard determined, as a result of comments from the public and federal advisory committees (specifically the Merchant Marine Personnel Advisory Committee (MERPAC)), that more information, including more detailed regulatory text, was required for the affected public, and incorporated those comments as proposals within the NPRM.

Five public meetings were held to receive comments on the NPRM. These meetings were announced in the

Federal Register

on November 18, 2009 (74 FR 59502). The comments received during these five meetings are discussed in the “Discussion of Comments on the NPRM” section of this preamble.

IV. Basis and Purpose

The Coast Guard has identified two basic concerns with the existing mariner credentialing regulations that it intends to remedy with this supplemental proposal. First, the existing regulations, which combine domestic and international requirements, are confusing to mariners and others in the maritime industry. Second, in June 2010 the International Maritime Organization (IMO) amended the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. This proposal intends to clarify the Coast Guard's domestic and international mariner license endorsement regulations, and implement provisions related to the amended STCW Convention.

The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended, sets forth minimum training and demonstrations of proficiency requirements for merchant mariners. The IMO adopted amendments to the STCW in 1995. Those amendments entered into force on February 1, 1997. In 2007, the IMO embarked on a comprehensive review of the entire STCW Convention and STCW Code, which sets forth provisions for implementing provisions from the STCW Convention. Five meetings were held at IMO headquarters in London on the comprehensive review, and the Parties developed draft 2010 amendments to the Convention. The Parties adopted these amendments on June 25, 2010, at the STCW Diplomatic Conference in Manila, Philippines. They will enter into force for all ratifying countries on January 1, 2012. Because these amendments were not adopted until after the previous NPRM was published, they were not included in the NPRM's proposals.

The Coast Guard is publishing this Supplemental Notice of Proposed Rulemaking (SNPRM) to implement amendments to the STCW, including the 2010 amendments, and ensure that the U.S. is meeting its obligations under the Convention. The Coast Guard considered issuing a Final Rule implementing the 1995 amendments before issuing these proposals but determined it would be less confusing to the mariner to combine into one rule the lessons learned from the implementation of the 1995 amendments and the 2010 amendments.

In addition, the Coast Guard is issuing the SNPRM to respond to the comments, feedback, and concerns received from the public as a result of the NPRM. In order to address those comments and concerns, the SNPRM will: simplify domestic licensing requirements and separate them from STCW requirements; provide alternative means for demonstrating competence; clarify oversight requirements for approved courses; amend lifeboatmen requirements; allow for acceptance of sea service on vessels serving the Great Lakes and inland waters to meet STCW requirements; and permit acceptance of maritime academies' documentation in compliance with national accreditation bodies to meet STCW requirements. The SNPRM will also give the public an opportunity to comment on these changes.

V. Background

In 2007, the IMO embarked on a comprehensive review of the entire STCW Convention and STCW Code. The Coast Guard held public meetings prior to each one of the IMO meetings in London for the review to determine what positions U.S. delegations should advocate and to exchange views about amendments to STCW that were under discussion. In addition, the Coast Guard also took advantage of advisory committee meetings, specifically MERPAC, to discuss developments and implementation of the requirements relating to the 2010 amendments. The 2010 amendments resulting from that review were adopted on June 25, 2010.

The Convention is not self-implementing; therefore, the United States, as a signatory to the STCW Convention, must initiate regulatory changes to ensure full implementation of all amendments to the STCW Convention and STCW Code. The United States implements these provisions under the Convention and under the authority of United States domestic laws at United States Code titles 5, 14, 33 and 46, as cited with the proposed rule text under “Authorities.”

Parties to the STCW Convention have port state control authority to detain vessels that do not appear to be in compliance with the Convention. If U.S. regulations are non-compliant with the STCW Convention and STCW Code, there is a risk that U.S. ships will be detained in foreign ports by member nations and that U.S. mariners would not be able to seek employment on foreign flag vessels.

VI. Discussion of Proposed Rule

A. Overview

This proposed rule is a result of ongoing work to ensure that U.S. mariners comply with the standards set forth in the STCW Convention and Code and to clarify and update the regulations of 46 CFR Subchapter B. In responding to the comments, feedback, and concerns received from the public as a result of the 2009 NPRM, and due to the adoption of the 2010 amendments to the STCW Convention and STCW Code, the Coast Guard recognized a need to make substantial changes to the merchant mariner licensing and documentation credentialing program. Because of these substantial changes, we recognize the necessity of developing a more comprehensive rule, and of providing additional opportunity—through this SNPRM—for the public to comment on these changes.

Most seagoing merchant mariners must comply with the requirements of the STCW Convention and STCW Code. The Coast Guard recognizes that the CFR regulations implementing the STCW Convention and STCW Code requirements have been the subject of different interpretations and that the requirements reflected in the CFR are not currently organized in a manner that is easy to read and understand. This SNPRM seeks to implement all of the provisions in the STCW Convention by taking full advantage of the flexibilities incorporated in the STCW Convention and of the robustness of an existing domestic licensing scheme, without compromising the safety, security and protection of mariners or the marine environment.

This SNPRM also seeks to revise other sections of 46 CFR Subchapter B in order to clarify, address omissions in, and update these regulations.

B. Differences Between This SNPRM and the Coast Guard's Current Regulations

This list provides a brief summary of the significant changes proposed in this SNPRM. The “Table of Proposed Changes” in part C of this section provides more detailed information and explanation of the key changes in the summarized listing below.

1. Separation of STCW and Domestic Endorsements

The Coast Guard proposes to clearly separate the two licensing schemes for STCW and domestic endorsements. For STCW endorsements, this proposed rule incorporates the sea service, assessment and training requirements directly from the STCW Convention and STCW Code to ensure consistency and clarity. In addition, the Coast Guard has provided entry paths from domestic endorsements to the equivalent STCW endorsement. These proposed changes would make it easier for mariners to read and understand the requirements for each Merchant Mariner Credential (MMC) STCW endorsement.

2. Methods for Demonstrating Competence

The Coast Guard proposes to accept various methods for assessment of competence as provided in the Tables of Competence in the STCW Code. This would allow the preservation of the “hawsepipe” program, which permits the use of on-the-job training (OJT) or practical experience, to obtain endorsements, and would foster career paths that were not previously available.

Implementation of an assessment-based process would provide acceptance of the various methods for demonstrating competence, including, but not limited to: (1) On-the-job training and/or in-service experience; (2) formal training (classroom or distance-learning), including laboratory assessment; and (3) simulator training. The complete list of acceptable methods of demonstrating competence can be found in proposed §§ 11.301, 12.601, and 13.601 accordingly.

3. Sea Service Credit for Great Lakes and Inland Mariners

The Coast Guard proposes to add provisions to grant sea service credit towards STCW and domestic endorsements of unlimited tonnage for those mariners who provide proof of service on the Great Lakes or inland waters. A large portion of the skills and assessments that the STCW Code requires for its endorsements overlaps with the skills and techniques these officers are currently using as deck and engineer officers on the Great Lakes or inland waters. Applicants serving on Great Lakes waters will receive day-for-day credit. Applicants serving on inland waters will be credited 1 day of ocean service for every 2 days of inland service for up to 50 percent of the total required service. The reason for the difference in service credit is based on the fact that Great Lakes service most closely resembles the length, breadth, equipment, and operation of ocean service.

4. Medical Examinations and Endorsements

The Coast Guard proposes to add provisions regarding the issuance of medical endorsements for mariners to improve maritime safety and provide consistency with the 2010 STCW amendments. Medical endorsements issued to a mariner serving under the authority of an STCW endorsement would be issued for a maximum period of 2 years unless the mariner is under the age of 18, in which case the maximum period of validity would be 1 year, as stipulated in the 2010 amendments to the STCW Convention. Medical endorsements issued to a mariner who is serving as a first-class pilot, or acting as a pilot under § 15.812, would be issued for a maximum period of 1 year consistent with the already implemented requirement for a first-class pilot to complete an annual medical exam. All other mariners would be issued a medical certificate/endorsement valid for a maximum period of 5 years, consistent with the current practice and requirements.

The Coast Guard proposes to revise the physical requirements for mariners applying for domestic and STCW credentials issued by the Coast Guard. These proposed changes include: annual submission of physical examination results by pilots, removal of some specific tests for color vision, revision of vision standards, revision of hearing standards, and clarification regarding demonstration of physical ability. These changes would provide the Coast Guard some flexibility in the acceptance of other tests, as well as serve as acknowledgement that some of the vision tests are no longer available. They would enable mariners and examining physicians to use a range of effective tests to demonstrate physical competence, rather than limit them to specific tests which may have become outdated or unavailable. They also implement the STCW requirement that mariners seeking an STCW endorsement demonstrate physical ability.

In particular, the Coast Guard proposes to revise the vision standards for deck personnel with STCW endorsements by expanding the applicability of the vision standards from one eye to both eyes. This proposal would provide consistency with the 2010 amendments to the STCW Convention. Requirements for mariners who suffer from vision loss or lost vision in one eye remain the same. At the time of application for an endorsement, mariners must hold a valid medical certificate or endorsement, or they must submit an application for a medical certificate. Unless provided otherwise, mariners sailing onboard vessels to which STCW applies must hold a valid 2-year medical certificate.

5. Ceremonial License

The Coast Guard proposes to add a provision for issuance of a ceremonial license, which reflects his or her existing domestic officer endorsements, and is suitable for framing. The addition of this optional license is being proposed in response to numerous requests from the public.

6. Quality Standards System (QSS)

The Coast Guard proposes to add Quality Standards System (QSS) requirements for Coast Guard-approved courses. A QSS is a set of policies, procedures, processes, and data that help an organization fulfill its objectives. The use of a QSS by training providers helps in the oversight of courses, ensuring that mariners obtain the training that they need. This proposal would provide consistency with the obligation under the STCW Convention for approved training to be part of a QSS. This would also require providers of approved courses and training programs to be compliant with QSS provisions.

To make it easier for training providers to meet the QSS requirements, the Coast Guard proposes to accept documentation from a National Academic accreditation body or from a national or international quality standard system as meeting one or more of the QSS requirements.

The Coast Guard also proposes to clarify that Coast Guard-accepted QSS organizations may accept and monitor training on behalf of the Coast Guard. Coast Guard-accepted QSS organizations will need to have processes for reviewing, accepting, and monitoring training that are equal to the Coast Guard's course approval and oversight processes.

Additionally, the Coast Guard proposes to introduce a grandfather provision to ensure that approved courses, programs, and training creditable towards an STCW endorsement approved prior to July 1, 2013 must meet the requirements of this section at the next renewal.

7. Post-Dating of MMCs

The Coast Guard proposes to add requirements for an applicant to request post-dating of his or her MMC upon submitting an application. These changes would provide flexibility to the mariner to post-date an MMC for up to 12 months allowing a mariner to start his or her application process early in case a problem arises or he or she has to return to sea. Their application can continue to be processed in their absence. This change will alleviate the situation where a mariner was not getting the benefit of the full 5-year credential.

8. New Towing Endorsements

The Coast Guard proposes to add three new towing endorsements and the associated requirements to obtain them: Apprentice mate (steersman) of towing vessels (utility), Master of Towing Vessels (Utility), and Master of Towing Vessels (Harbor Assist). These endorsements are being proposed in response to recommendations from the Towing Safety Advisory Committee (TSAC) in its review of the towing vessel NVIC 04-01. TSAC recommended the addition of these three endorsements because some mariners were performing these functions without the proper authority, experience, and in some cases, qualifications.

The Coast Guard is establishing a towing vessel (utility) progression, including apprentice mate (steersmen) and a Master of Towing Vessels (Utility) endorsement to cover Towing Vessels performing marine repair, construction, and other utility type services where a full, unlimited Master of Towing Vessels endorsement is inappropriate, and where some persons with Assistance Towing endorsements are currently working beyond the authority of their credentials.

The Master of Towing Vessels (Utility) will authorize service to tow: (1) Barges not used for moving bulk cargo (commodities) for trade; (2) Barges associated with Marine Construction; (3) Dredges; and (4) Pile Drivers.

The Master of Towing Vessels (Harbor Assist) endorsement authorizes service on towing vessels for escorting ships with limited propulsion or navigating capabilities in restricted waters, and for assisting ships to dock and undock in limited local areas. This endorsement may be added to a Master of Towing Vessels (Limited) endorsement after a period of service and the completion of a specified TOAR.

9. Bridge Resource Management (BRM), Leadership and Teamworking Skills, Leadership and Managerial Skills

The Coast Guard proposes to change the name of Procedures for Bridge Team Work to Bridge Resource Management (BRM). BRM and leadership and teamworking skills would be required for the operational-level credential only; and leadership and managerial skills would be required for the management-level credential, as provided in the 2010 amendments to the STCW Convention. These requirements would allow for the approval of BRM courses or combined BRM and leadership and managerial skills courses.

10. Engine Room Resource Management (ERM), Leadership and Teamworking Skills, Leadership and Managerial Skills

The Coast Guard proposes to require Engine room resource management (ERM) training for engineers seeking STCW endorsements. Basic ERM will be required for the operational-level credential, and leadership and managerial skills would be required for the management-level credential in accordance with the 2010 amendments to the STCW Convention. These requirements would allow for the approval of ERM courses or combined ERM and leadership and managerial skills courses.

11. Grandfathering and Transitional Provisions

The Coast Guard proposes transitional and grandfathering provisions consistent with the 2010 amendments to the STCW Convention. The 2010 amendments to the STCW Convention will enter into force on January 1, 2012. However, STCW Regulation I/15 on transitional provisions, allows requirements to come into effect over a 5-year period in order to avoid disruption to the maritime industry. STCW Regulation I/15 also provides that a Party may continue, until January 1, 2017, to issue certificates (MMC) in accordance with the credentialing rules it has in place before the 2010 amendments come into force (January 1, 2012) only with respect to seafarers who begin their sea service or their approved maritime training before July 1, 2013. Candidates who begin their service or their training on or after July 1, 2013, will be subject to the full application of the revised STCW requirements. The Coast Guard has drafted this SNPRM to allow for this phase-in process. These provisions require any seafarer who holds an STCW endorsement prior to January 1, 2012, to provide evidence of meeting the appropriate standard of competence for the applicable STCW endorsement by January 1, 2017.

Domestic requirements provided in this proposed rule will be transitioned during a 5-year period (after the effective date of the final rule) to coincide with the renewal of existing domestic endorsements. Individuals seeking an original credential or raise of grade to an existing credential during this period, and who begin training or service before January 1, 2012, need only meet the requirements in place before that date. Those individuals who start training or service on or after January 1, 2012, must meet all provisions described in the final rule.

12. Tankerman Endorsements

The Coast Guard proposes to add new STCW endorsements for basic and advanced tankerman for oil and chemical, and for basic and advanced tankerman for liquefied gas tanker cargo operations, as required by the 2010 amendments to the STCW Convention. The Coast Guard proposes to use the domestic requirements for the tankerman endorsements as the means to qualify for an STCW tankerman endorsement. Candidates for an STCW endorsement will only need to complete the appropriate assessments of competence in accordance with the appropriate table of competence in the STCW Code.

The Coast Guard proposes to include an STCW endorsement equivalent to the tankerman-PIC (barge).

All of these changes are being proposed to ensure compliance with the 2010 amendments.

The Coast Guard proposes to clarify and update the list of subjects that the tanker courses must cover by including tables of topics for each tanker course.

13. Lifeboatman and Proficiency in Survival Craft Endorsements

In response to comments we received objecting to the use of the term “survivalman”, the Coast Guard has withdrawn its proposed use and substitutes, in its place, the term “lifeboatman-limited” for the domestic endorsement. Regarding the STCW endorsement, the Coast Guard is proposing to use the term proficiency in survival craft and rescue boats other than lifeboats and fast rescue boats—limited (PSC—limited), to ensure consistency with the STCW Convention.

To ensure consistency and clarity, the Coast Guard is proposing to separate the domestic requirements for lifeboatman endorsements (found in §§ 12.407 and 12.409) from the STCW Code requirements for proficiency in survival craft endorsements (found in §§ 12.613 and 12.615). Persons who meet the requirements for a domestic lifeboatman (lifeboatman or lifeboatman-limited) endorsement will be deemed to meet the requirements for an STCW endorsement for proficiency in survival craft (PSC or PSC-limited).

Mariners holding an STCW endorsement will be required to prove that they have maintained the standard of competence every 5 years, in accordance with the 2010 amendments to the STCW Convention. This may be accomplished through a combination of drills and onboard training and experience, with shore-side assessments. The Coast Guard is proposing to accept proof of sea service, specifically one year in the last 5 years, as proof of meeting the requirements for those components of the competence table that can be performed through drills and/or training on board vessels. For those components that cannot be performed onboard a ship, shore-side assessments must be successfully demonstrated.

14. Basic Safety Training (BST) and Advanced Firefighting

The Coast Guard proposes to amend the BST and advanced firefighting requirements to require that mariners prove they have maintained the standard of competence every 5 years, in accordance with the 2010 amendments to the STCW Convention and Code. This may be accomplished through a combination of drills and onboard training and experience, with shore-side assessments. The Coast Guard is proposing to retain the existing arrangement of acceptance of sea service, specifically one year in the last 5 years, as proof of meeting the requirements only for those components of the competence table that can be performed through drills and/or training on board vessels. For those components that cannot be performed onboard a ship, shore-side assessments must be successfully demonstrated.

15. Recognition of Certificates Issued by Other Parties to the STCW Convention

The Coast Guard proposes to establish requirements and procedures for the recognition and endorsement of officer certificates of competence issued by other Parties signatory to the STCW Convention in accordance with the existing laws of the United States.

46 U.S.C. 8103(b)(3)(A) waives the citizenship requirements (except for master) for offshore supply vessels (OSVs) operating from a foreign port. To ensure compliance with the STCW Convention, in the limited cases of OSVs, the U.S. needs to recognize seafarer competence certificates from other countries that have ratified the STCW Convention and are known to issue STCW certificates.

16. Work Hours and Rest Periods

In accordance with the 2010 amendments to the STCW Convention and Code, the Coast Guard proposes to amend the work and rest hours requirements as follows: (1) Expand the application for hours of work and rest periods for mariners to include all personnel with designated safety, prevention of pollution, and security duties onboard any vessel; (2) change the weekly rest hours requirements from 70 hours to 77 hours; (3) require the recording of hours of rest; and (4) include flexibility from the rest hours requirements in exceptional circumstances.

17. Certification for Vessel Personnel With Security Duties and Security Awareness

The Coast Guard is proposing that, after July 1, 2012, all personnel with designated security duties must hold a valid endorsement as vessel personnel with designated security duties or a certificate of course completion from an appropriate Coast Guard-accepted course meeting the requirements of 33 CFR 104.220. This requirement is consistent with the STCW 2010 amendments to ensure that all personnel hold a certificate of proficiency.

The Coast Guard also is proposing that, after July 1, 2012, all other vessel personnel, including contractors, whether part-time, full-time, temporary, or permanent, must hold a valid endorsement in security awareness, or a certificate of course completion from an appropriate Coast Guard-accepted course meeting the requirements of 33 CFR 104.225. This requirement is consistent with the 2010 STCW amendments to ensure that personnel hold a certificate of proficiency.

The training requirements for vessel personnel with designated security duties and for security awareness in compliance with the 2010 amendments to the STCW Convention and Code will be part of a separate rulemaking.

C. Thirty Months of Training for Officer in Charge of an Engineering Watch (OICEW)/Designated Duty Engineer (DDE) Candidates

The November 17, 2009, NPRM proposed to include a requirement for an OICEW or DDE candidate to complete approved education and training of at least 30 months in accordance with Regulation III/1 of the 1995 amendments to the STCW requirements. The 2010 amendments deleted this requirement from regulation; therefore, this SNPRM does not include this provision.

D. Table of Proposed Changes

The following table provides a more detailed summary of significant changes proposed in this SNPRM. The table includes the changes noted in the brief summary of the significant changes listed in part B above, “Differences between this SNPRM and the Coast Guard's current regulations”.

Current cite

Cite under proposed rule

Summary of proposed changes

Explanation of and reasons for proposed changes

§ 10.107

N/A

Removes definition of

Competent Person

Moved relevant information into part 13 to ensure consistency, because “competent person” deals with tankerman endorsements.

§ 10.107

§ 10.107

Revises the definition for

Coast Guard-accepted

The definition is being revised to provide clarification on the instances where something may be approved by the Coast Guard for use in meeting a particular requirement.

§ 10.107

§ 10.107

Revises definition of

Day

References authorization by the U.S. Code and the two-watch system, in accordance with part 15. Adds clarification on service on MODUs.

This will link the definition to the U.S. Code and provide further clarification within the regulations.

§ 10.107

§ 10.107

Revises definition of

Designated examiner

The definition was revised to ensure that a DE applies to the Towing Officer Assessment Record only, as DE previously applied to all qualification processes.

§ 10.107

§ 10.107

Revises the definition of

Near-coastal

Amends to include exceptions for operator of uninspected passenger vessels (OUPVs) in order to formalize a pre-existing exception for OUPVs.

§ 10.109

§ 10.109

Revises list of endorsements

Adds new endorsements in accordance with parts 11 and 12 to ensure that the lists of endorsements are consistent throughout the regulations.

§ 10.209, 10.231

§ 10.209, 10.231

Adds required documentation for medical examinations

Adds a medical certificate issued by the Coast Guard.

This serves as documentary proof of passing the medical examination.

§ 10.215

Part 10, subpart C

Transfer medical requirements to a new subpart. Revises the physical requirements for mariners applying for a Coast Guard-issued credential These changes include: annual submission of physicals by pilots, revision of vision standard, revision of hearing standard, clarification regarding demonstration of physical ability

Provides the Coast Guard some flexibility in the acceptance of other tests.

The requirement to demonstrate physical ability provides information required for those mariners serving on vessels to which STCW applies.

§ 10.215

§ 10.301

Revises medical certificate validity period

Adds issuance of the new medical certificates with the following period of validity:

(1) 2 years for STCW-endorsed mariners, unless the mariner is under the age of 18, in which case the maximum period of validity would be 1 year;

(2) 1 year for a mariner who is serving as a first-class pilot, or acting as a pilot under § 15.812; and

(3) 5 years for all other mariners, consistent with the current practice and requirements.

§ 10.215

§ 10.305

Vision requirements

The 2010 amendments have expanded the applicability of vision standards from one eye to both eyes for deck personnel with STCW endorsements.

§ 10.217

§ 10.217

Removes reference to temporary permits.

Temporary permits are no longer issued.

Formalizes long-standing Coast Guard practice.

§ 10.219

§ 10.219

Amends the manner in which user fees may be paid to credit card or electronic payment only

This change would eliminate the ability of a mariner to pay by cash and by attaching a check or money order to their application package.

This would update fee payment practices by permitting electronic payment of fees.

§§ 10.227, 10.231

§§ 10.227, 10.231

Revises renewal requirements for credentials

Removes the requirement to submit an old, original credential in an application for renewal.

This would permit mariners to retain their previous credentials.

§ 10.303

§ 10.410

Removed QSS requirements from § 10.303 and moved them into a new § 10.410

Adds QSS information into a new section and adds requirement for training providers to develop a QSS.

This reflects the STCW requirement to use a QSS.

Adds a grandfather provision to ensure that approved courses, programs, and training creditable towards an STCW endorsement approved prior to July 1, 2013 must meet the requirements of this section at the next renewal.

N/A

§ 10.107

Adds the definition of

Boundary line

Adding the definition will assist applicants in understanding the limits of the STCW Convention.

N/A

§ 10.107

Adds definition of

Ceremonial license

Provides mariners an MMC endorsement suitable for framing.

This is in response to mariner demand for a ceremonial license.

N/A

§ 10.107

Adds the definition of a

Coast Guard-accepted quality standards system (QSS) organization

Adds definition regarding those organizations that may conduct QSS activities in regard to training, consistent with STCW requirements.

N/A

§ 10.107

Adds definition of

Coastwise Voyage

This is being done to add clarity to the boundaries of these types of voyages.

N/A

§ 10.107

Adds definition of

Deck department

To clarify the functions of this department.

N/A

§ 10.107

Adds definition of

Designated medical examiner

To clarify who can give medical examinations to mariners, establishing a network of medical examiners who have demonstrated an understanding of mariner fitness.

N/A

§ 10.107

Adds the definition of

Domestic voyage

To clarify that domestic service does not include entering foreign waters.

This will assist those operating small passenger vessels in waters close to or adjacent to foreign waters in determining whether the operator would be required to hold an STCW endorsement.

N/A

§ 10.107

Adds definition of

Dual-mode integrated tug barge

To clarify what is included in the operations and configuration of this type of ITB.

N/A

§ 10.107

Adds definition of

Engine department

To clarify the functions of this department.

N/A

§ 10.107

Adds definition of

Gross register tons (GRT)

Provides definition for term used in the proposed rule and establishes an abbreviation for the use of this term throughout this subchapter.

This will help the mariner to readily distinguish between GRT and gross tonnage.

N/A

§ 10.107

Adds the definition of

Gross tonnage (GT)

This will provide consistency with the STCW Convention and simplify the regulations by establishing an abbreviation for use throughout this subchapter.

N/A

§ 10.107

Adds definition of

Integrated tug barge

To specify and make clear the features and capabilities of this type of tug barge combination.

N/A

§ 10.107

Adds the definition of

Kilowatt (kW)

To provide clarity and consistency, as the term is used in conjunction with the implementation of the STCW Convention and STCW Code.

N/A

§ 10.107

Adds the definition of

Management level

To explain that master, chief mate, chief engineer and first assistant engineer (second engineer officer) are considered management level under the STCW Convention.

N/A

§ 10.107

Adds definition of Officer in Charge of a Navigational Watch (

OICEW

)

To clarify that this endorsement is at the operational level.

N/A

§ 10.107

Adds definition of Officer in Charge of an Engineering Watch (

OICEW

)

To clarify that this endorsement is at the operational level.

N/A

§ 10.107

Adds the definition of

Operational level

Provides that officer endorsements other than management level are considered operational level under the STCW Convention.

This will provide consistency with STCW.

N/A

§ 10.107

Adds the definition of Periodically unattended engine room

Provides clarity in the application of the service requirements for engineers.

N/A

§ 10.107

Adds the definition of

Propulsion power

To provide consistency with the use of the term “propulsion power” in STCW and to encompass methods of measurement, such as horsepower (HP) and kilowatts (kW).

N/A

§ 10.107

Adds definition of

Push-mode ITBs

To specify what is included in the configuration of this tug barge unit.

N/A

§ 10.107

Adds definition of

Qualified Assessor

To clarify the qualifications for this type of evaluator.

N/A

§ 10.107

Adds the definition of

Quality standard system (QSS)

To ensure conformity with STCW requirements for use of a QSS and provide clarification of what is intended by this term when used in this subchapter.

N/A

§ 10.107

Adds definition of

Seagoing service

Clarify for the mariner what is included in this type of service, including Great Lakes and inland service.

This is in response to public comments specifically requesting credit for all waters.

N/A

§ 10.107

Adds the definition of

Seagoing vessel

To ensure the definition captures all vessels to which STCW Convention and Code apply.

There is no commercial vessels restriction, as appears in the current 46 CFR 15.1101 definition, because that would have excluded vessels such as yachts and government-owned vessels, which are required to be operated by mariners holding an STCW endorsement.

N/A

§ 10.107

Adds definition of

Lifeboatman-Limited

To provide for a new endorsement for persons serving in a position similar to Lifeboatman but on a vessel without a lifeboat.

N/A

§ 10.107

Adds the definition of

Training program

To provide clarity regarding what is encompassed within training programs.

N/A

§ 10.205(b)(i)

Adds grandfathering provision for existing STCW endorsements

Clarifies that this proposed rule does not require a mariner to meet newly proposed requirements in order to retain a credential already held.

This will provide mariners with time to meet new requirements, while still being able to serve on those credentials already held.

N/A

§ 10.205(i)

Adds provision regarding Document of Continuity

To explain the process of replacing a Document of Continuity with an MMC.

N/A

§ 10.209

Adds ceremonial license

Allows mariners to request a ceremonial license when renewing his or her credential.

N/A

§ 10.405

Adds requirements for qualification as a qualified assessor or designated examiner

To ensure that qualified individuals conduct evaluations of mariners in conformity with the STCW Convention. See Section A-I/6 of the STCW Code.

N/A

§ 10.409

Adds requirements for approval as a Coast Guard-accepted QSS organization

Requires organizations wishing to accept and monitor training to submit application for approval. Coast Guard-accepted QSS organizations will be audited once every five years.

This is to ensure compliance with STCW and to provide oversight of these organizations.

N/A

§ 10.411

Adds simulator performance standards

To provide consistency with existing requirements and Section A-I/12 of the STCW Code.

N/A

§ 10.412

Adds distance and e-learning

Adds a provision that will allow mariners to complete certain approved training via distance or e-learning courses.

This will allow more options for obtaining training.

§§ 11.201, 11.205

§ 11.201

Re-organizes and consolidates all general requirements applicable to all domestic and STCW officer endorsements

Consolidates all endorsement requirements from the various sections (including §§ 11.201, 11.205) into a general section with sub-titles to allow for easy reference.

§ 11.202

§ 15.817

Moves section for GMDSS competency

Requires that all deck officers serving on vessels equipped with Global Maritime Distress and Safety System (GMDSS) provide an endorsement for GMDSS

This re-organizes the regulations to make them easier to access and follow.

§ 11.202

§ 15.816

Moves section for ARPA competency

Requires that all deck officers serving on vessels equipped with ARPA prove competency

This re-organizes the regulations to make them easier to access and follow.

§ 11.202, 11.205

§ 11.301

Re-organizes and consolidates all requirements applicable to all STCW officer endorsements

Consolidates all endorsement requirements from various sections (including §§ 11.202 and 11.205) into a general section with sub-titles to allow for easy reference.

§ 11.202(c)

§§ 11.305 to 11.321

Moves the requirement for automatic radar plotting aid (ARPA) from the general section

To place the requirement in the appropriate operational-level and management-level certificate.

§ 11.202(d)

§§ 11.305 to 11.321

Moves the requirement for the training and assessment on Global Maritime Distress and Safety System (GMDSS) from the general section

Incorporates the GMDSS requirement with the requirement for the appropriate operational-level and management-level certificate to simplify and clarify the GMDSS requirement.

§ 11.202(e)

§§ 11.305 to 11.321

Changes the name of Procedures for Bridge Team Work to Bridge Resource Management (BRM)

The BRM will be required for the operational level credential and leadership and managerial skills will be required for the management level credential.

This will provide consistency with STCW.

§ 11.202(e)

§§ 11.305 to 11.321

Moves the requirement for Bridge Resource Management

Moves the BRM requirement to the appropriate operational-level certificate in order to clarify and simplify the requirement.

§ 11.202(b)

§ 11.301(b)

Moves requirements for Basic Safety Training (BST).

Adds requirements for BST, including the requirement to maintain the standard of competence every 5 years through a combination of drills and onboard training and experience with shore-side assessments.

This will ensure mariners maintain knowledge of BST.

§ 11.202(f)

§ 11.301(j) and (k)

Moves exemptions and relaxations for vessels that are not subject to further obligation

Moves exemption and relaxation requirements applicable to vessels that are exempt from the requirements or that are applicable because of their special operating condition as small vessels in domestic voyages.

This was done to simplify the regulations by placing all STCW requirements in one subpart.

§ 11.205(c)

N/A

Letters of reference

Removes the requirement to submit letters of reference because of the depth of new background investigation procedures by both the Coast Guard and the Transportation Security Administration.

§ 11.205(d)

§ 11.201(h)

Reduces firefighting training requirements for certain endorsements

Reduces the training from basic and advanced firefighting to basic firefighting training for vessels of less than 200 GRT in ocean services.

This will reduce the burden on mariners serving on these vessels.

§ 11.205(d)

§ 11.201(h)

Adds firefighting training requirements for certain endorsements

Mandates basic firefighting training for some endorsements on non-ocean services.

This is to ensure that mariners with those endorsements have basic firefighting skills and to improve overall maritime safety.

§§ 11.211(a) and (b), 11.213

§ 10.232

Creates new section for sea service

Inserts new section to discuss sea service issues applicable to all credentials, including foreign sea service, documentation to show proof of sea service, and sea service as a member of the armed forces.

This is in response to public comments requesting further clarification on sea service requirements.

§ 11.211(d)

§ 11.211(c)

Expands sea service credit on Articulated Tug Barges (ATBs)

The Coast Guard would allow the service on ATBs to qualify for unlimited tonnage officer endorsements.

This will reduce the burden on the mariner seeking to qualify for these endorsements.

§ 11.301

§ 10.401

Revises the applicability to include training programs

Clarifies that the STCW Convention covers all training used to pursue certification, whether or not it is part of an approved course or training program. See Regulation

I/6

of the STCW Convention and Section A-I/6 of the STCW Code.

§ 11.302

§ 10.402

Revises the credit that can be provided by course approval to allow for multiple purposes

Provides industry more flexibility to complete the requirements as current regulations are too confining.

§ 11.302

§ 10.402

Revises the requirements for the request for course approval

Incorporates previously issued guidance documents.

This is to assist industry in understanding otherwise vague requirements.

§ 11.302

§ 10.402

Clarifies the circumstances that could lead to the suspension of course approval for a training course

Organizes the requirements for suspension of course approvals.

This is being done in response to public comments regarding course approval suspensions.

§ 11.302

§ 10.402

Revises the reasons for withdrawal of course approval

Clarifies reasons for withdrawal of course approval.

§ 11.303

§ 10.403

Revises section to require that each student demonstrate practical skills appropriate for the course

Ensures that the training provided meets the requirements of the STCW Convention, i.e., not only ensuring applicant knowledge, understanding and proficiency (KUP), but also requiring a demonstration of skills. See STCW Regulation

I/6

of the STCW Convention.

§ 11.303

§ 10.403

Revises the records and reports required for each approved course

Provides the Coast Guard the ability to be consistent with obligations under the STCW Convention to validate the training received by merchant mariners. See Regulation I/8 of the STCW Convention.

§ 11.303

§ 10.403

Adds QSS requirements for an approved course

Provides consistency with the obligation under the STCW Convention for approved training to be part of a QSS. See Regulation I/8 of the STCW Convention.

§ 11.304

§ 10.404

Revises the requirement to substitute all sea service for successful completion of an approved training program

Provides service credit for training programs, because they regularly provide more extensive training situations and broader opportunities to demonstrate proficiency.

§ 11.305

N/A

Removes specific requirements regarding radar-observer certificates and qualifying courses

Removes requirements now unnecessary due to other proposed changes throughout this subpart.

§ 11.309

§ 10.409

Revises section to reduce redundant language from other sections of this subpart

Provides clarification with reference to § 10.402 for collecting the necessary information.

§ 11.309

§ 10.409

Adds QSS requirements for accepted training

Provides consistency with the STCW Convention for approved training to be part of a QSS. See Regulation I/8 of the STCW Convention.

§ 11.401

N/A

Removes the requirement for deck officers to obtain a qualification as able seaman

Provides consistency with the STCW Convention that does not require a qualification as able seaman for seagoing deck officers.

§ 11.402

§ 11.402

Revises tonnage limitations for an unlimited officer endorsement by setting the minimum to 2,000 GRT

Establishes a revised minimum tonnage limitation. It was previously possible to obtain a limitation of less than 2,000 GRT.

This requirement eases the burden on mariners seeking removal of tonnage limitations on their licenses.

§ 11.400 et seq.

§ 11.400 et seq.

Links domestic to deck STCW endorsements

Provides better organization and clarification by linking the endorsements.

§ 11.463

§ 11.463(g)

Adds a restriction to a specific type of towing vessel and/or towing operation. Adds the requirement for towing vessel officers serving on seagoing vessels to comply with the STCW Convention

Adds provision for a towing vessel restriction such as harbor-assist or articulated tug barge (ATB) vessels that do not routinely perform all of the tasks in the TOAR.

Clarifies the regulations and policy for officers on towing vessels.

§ 11.463

§ 11.463

Grandfathering provision

Minimizes the burden on mariners by re-opening grandfathering provision for those who met training and service requirements prior to May 21, 2001.

§ 11.465

§ 11.465

Adds a time limit for acceptance of TOARs

The TOAR must be completed within 5 years of application for license to be consistent with the continued proficiency requirements for the renewal of a towing endorsement.

§ 11.465

§ 11.465

Endorsement for master of towing vessels (Harbor assist)

New requirements for endorsement applicable to master of towing vessel (limited) with service and TOAR.

This endorsement was established in response to requests from industry and recommendations from the Towing Safety Advisory Committee.

§ 11.465

§ 11.465

Endorsement for master of towing vessel (utility)

New requirements for endorsement including service and TOAR.

This endorsement was established in response to requests from industry and recommendations from the Towing Safety Advisory Committee.

§ 11.466

§ 11.466

Endorsement as apprentice mate (steersman) of towing vessels (utility)

New requirements for endorsement including service and examination.

This endorsement was established in response to requests from industry and recommendations from the Towing Safety Advisory Committee.

§ 11.467

§ 11.467

Adds the limitation to the endorsement as operator of uninspected passenger vessels to not more than 100 nautical miles offshore

Clarifies that this endorsement is limited to domestic near-coastal waters not more than 100 nautical miles offshore.

This makes clear that this endorsement authorizes only domestic voyages.

§ 11.482

§ 11.482

Limitations for assistance towing endorsements

Clarifies and simplifies the application of the assistance towing endorsement.

§ 11.493

§ 11.493

Revises language for Master (OSV)

Eliminates unnecessary language and ensures consistency with STCW Convention and Code requirements.

§ 11.495

§ 11.495

Revises language for Chief Mate (OSV)

Eliminates unnecessary language and ensures consistency with STCW Convention and Code requirements.

§ 11.500 et seq

§ 11.500 et seq

Links domestic to engineer STCW endorsements

Simplifies the regulations by providing link to appropriate section to add engineer STCW endorsement to existing domestic endorsement.

§ 11.553

§ 11.553

Revises language for Chief Engineer (OSV)

Eliminates unnecessary language and ensures consistency with STCW Convention and Code requirements.

§ 11.555

§ 11.555

Revises language for Assistant Engineer (OSV)

Eliminates unnecessary language and ensures consistency with STCW Convention and Code requirements.

§ 11.901

§ 11.901

Removes the list of endorsements requiring STCW endorsement

Amends section because the list of endorsements was redundant and unnecessary in this location.

§ 11.903

§ 11.903

Revises the list of endorsements requiring examination

Removes the endorsements that do not require an examination, based on a change in policy and progression consistent with the STCW Convention, i.e., master and second mate.

§ 11.910

§ 11.910

Revises table 11.910-1

Clarifies and simplifies the regulations by reflecting the combined endorsements at the management and operational levels.

§ 11.910

§ 11.910

Revises table 11.910-2

To revise the table of subjects in order to reflect combined examinations at the operational and management levels and the STCW Convention.

§ 11.950

§ 11.950

Revised table 11.950 by creating table for seagoing vessels and another for Great Lakes and inland waters

Clarifies and updates the table to reflect the combined endorsements at the management and operational levels and the STCW Convention.

§§ 11.1001 to 11.1005

N/A

Delete requirements for roll-on/roll-off passenger ships

To reflect the 2010 STCW amendment changes to include requirements for passenger ships.

This also simplifies the regulations by merging requirements from subparts J and K.

§ 11.1103

§ 10.107

Definition for passenger ship

Transferred definition from § 11.1103 to § 10.107 for consistency purposes.

§ 11.1105

§ 11.1105

Amend requirements for officers on passenger ships when in international voyages

Reflects the 2010 STCW amendment changes to include requirements for passenger ships.

This also simplifies the regulations by merging requirements from subparts J and K.

N/A

§ 11.301(a)

Standard of Competence

Adds alternative methods of demonstrating competence to provide mariners with multiple options, where allowed by the STCW Convention.

N/A

§ 11.301(d)

Great Lakes and inland service

Grants day-for-day equivalency for Great Lakes service and two- for-one for inland service.

This is in response to public comments requesting equivalency for Great Lakes service.

N/A

§ 11.301(i)

Grandfathering provisions

These provisions will ease the transition for mariners with existing endorsements.

Ensure consistency with the 2010 amendments to the STCW Convention and Code.

N/A

§ 11.301(f)

Rating service for management-level endorsements

Service as rating not acceptable for management-level STCW endorsements.

This ensures consistency with the STCW Convention.

N/A

§ 11.301(d)

Service accrued on vessels with dual tonnages

Service will be credited using the international tonnage.

This ensures consistency with the STCW Convention.

N/A

§ 11.301(c)

Requirements for Advanced Firefighting

Adds requirements for Advanced Firefighting including the requirement to maintain the standard of competence every 5 years through a combination of drills and onboard training and experience with shore-side assessments.

This ensures consistency with the STCW Convention.

N/A

§ 11.303

List of STCW deck officer endorsements

List of endorsements included in the applicable subsequent sections.

This re-organizes the regulations to make them easier for the mariner to access.

N/A

§ 11.323

List of STCW engineer officer endorsements

List of endorsements included in the applicable subsequent sections.

This re-organizes the regulations to make them easier for the mariner to access.

N/A

§§ 11.303 to 11.321; §§ 11.323 to 11.335

Requirements for STCW deck and engineer officer endorsements

Includes the STCW Convention list of requirements in order to obtain the endorsement.

This re-organizes the regulations to make them easier for the mariner to access.

N/A

§§ 11.305 to 11.321; §§ 11.325 to 11.335

Sea service requirements for STCW deck and engineer officer endorsements

Includes STCW Convention language providing various alternatives for sea service.

This re-organizes the regulations to make them easier for the mariner to access.

This also provides for acceptance of various modes of sea service.

N/A

§§ 11.305 to 11.321; §§ 11.325 to 11.335

Standard of competence from the STCW Code

Provides a specific requirement to meet the standard of competence from the appropriate tables in the STCW Code.

This ensures consistency with the STCW Convention.

N/A

§§ 11.305 to 11.325; §§ 11.323 to 11.335

Requirement for training

Includes STCW Convention mandatory training.

This ensures consistency with the STCW Convention.

N/A

§§ 11.305 to 11.321; §§ 11.325 to 11.335

Gap closing measures from the 2010 amendments

Includes training necessary to comply with the 2010 amendments.

This ensures consistency with the STCW Convention.

N/A

§§ 11.305 to 11.321; §§ 11.325 to 11.335

Exemptions from the standard of competence

Provides for exemptions from the tables of competence based on vessel type.

N/A

§§ 11.305 to 11.321; §§ 11.325 to 11.335

Insert tables specifying entry paths from domestic endorsements to STCW endorsements

Describes various entry points to obtain an equivalent STCW endorsement.

This provides a method of determining which STCW endorsements are attainable for each domestic endorsement.

N/A

§ 11.335

Adds a new section providing the requirements for STCW officer endorsement as electro-technical officer

This ensures consistency with the STCW Convention. See regulation III/6 of the STCW Convention and Section A-III/6 of the STCW Code.

N/A

§ 11.335

Equivalency accepted for personnel serving in a similar capacity

Allows for the issuance of the STCW officer endorsement as electro-technical officer to personnel with equivalent credentials and sea service.

This makes it easier for an applicant to obtain this endorsement.

N/A

§ 11.335

Equivalency accepted for engineer officers

Allows for the issuance of the STCW officer endorsement as electro-technical officer to OICEW, second engineer officer and chief engineer officer.

This makes it easier for an applicant to obtain this endorsement.

N/A

§ 11.821

High-speed craft

Establishes qualifications for operating high-speed craft.

This ensures consistency with the STCW Convention.

N/A

Subpart J

New section on recognition of STCW officer endorsements issued by a foreign government

Establishes requirements for the recognition of STCW Certificates issued by foreign governments. Recognition is restricted to non-U.S. licensed officers and mariners with officer endorsements (except masters) found in § 15.720(b). Application for a recognition certificate via the employer.

This ensures consistency with the STCW Convention.

§ 12.02-7

§ 15.401

Moves this requirement to § 15.401

Moves section to part 15 as it is a manning requirement.

This re-organizes the regulations to make them easier to understand.

§ 12.02-17

§ 12.205(c)

Amends provisions for re-testing

Amends waiting period after third failed examination. Deletes maximum waiting period of 30 days after initial failure.

This allows applicants to re-test earlier than the current time period.

§ 12.03

Subpart D (§ 10.400 series)

Consolidates Coast Guard-accepted and approved training into one subpart

Reduces regulatory redundancy.

§ 12.05-1

§ 12.401

Adds A/B seaman endorsements

Adds able seaman-fish, and able seaman-sail.

This consolidates policy into the regulations.

§ 12.05-1(a) and (b)

§ 15.401

Moves this requirement to § 15.401

Moves paragraphs to part 15 as it is a manning requirement.

This re-organizes the regulations to make them easier to understand.

§ 12.05-3

§ 12.401

Revises the general requirements to obtain an endorsement as able seaman (A/B) to include holding or qualified to hold an endorsement as lifeboatman

Clarifies the A/B requirement to allow being qualified for lifeboatman, and removes the requirement to pass the lifeboatman exam if the individual already holds the appropriate endorsement.

This eases the burden on mariners seeking to obtain this endorsement.

§ 12.05-3(a)(2), 12.15-5, 12.25-20

§ 12.401

Moves requirement to § 12.401

Consolidates general requirements for certification.

This re-organizes the regulations to make them easier for the mariner to access.

§ 12.05-3(b)

§ 12.601(c)

Moves requirements for Basic Safety Training (BST)

Adds requirements for BST, including the requirement to maintain the standard of competence every 5 years through a combination of drills and onboard training and experience with shore-side assessments.

This ensures consistency with the STCW Convention.

§ 12.05-3(c)

§ 12.605

Adds a new section to provide the requirements for ratings forming part of a navigational watch (RFPNW)

Provides requirements for RFPNW, required by the STCW Convention, in one location.

This ensures consistency with the STCW Convention.

§ 12.05-7

§ 12.403

Adds service and training requirements for new rating endorsements

Adds service and training requirements for able seaman-fish, and able seaman-sail.

This consolidates policy into the regulations.

§ 12.05-9

§ 12.405

Adds requirement in paragraphs (a) and (c) to show that the listed demonstrations have been performed in a Coast Guard-approved course

This consolidates existing policy into the regulations.

§ 12.10-1

§ 15.401

Moves this requirement to § 15.401

Moves section to part 15 as it is a manning requirement.

This re-organizes the regulations to make them easier to understand.

§ 12.10-3

§ 12.609

Moves requirements to qualify for an STCW endorsement RFPEW

Moves requirement to STCW section.

This re-organizes the regulations to make them easier to understand.

§ 12.10-7

§ 15.404

Moves this requirement to § 15.404

Moves section to part 15 as it is a manning requirement.

This re-organizes the regulations to make them easier to understand.

§ 12.10-9

§ 12.617

Revises the requirements for certificates of proficiency in fast rescue boats, adding the specific areas of competence the STCW Convention requires

Provides additional information clarifying the STCW Convention requirements to obtain an endorsement for proficiency in fast rescue boats.

This ensures consistency with the STCW Convention.

§ 12.13-3

§ 12.619

Revises the requirements for certificates of proficiency for medical first-aid provider, adding the specific areas of competence the STCW Convention requires

Provides additional information clarifying the STCW Convention requirements to obtain an endorsement for medical first-aid provider.

This ensures consistency with the STCW Convention.

§ 12.13-3

§ 12.619

Revises this basis-of-documentary-evidence section to include those persons who have alternative qualifications

Adds the additional process to meet this requirement through the possession of a professional license or alternative professional qualification.

This opens up additional options for mariners to utilize in obtaining this endorsement.

§ 12.13-3

§ 12.621

Revises the requirements for certificates of proficiency for person-in-charge of medical care, adding the specific areas of competence the STCW Convention requires

Provides additional information clarifying the STCW Convention requirements to obtain an endorsement for person-in-charge of medical care.

This ensures consistency with the STCW Convention.

§ 12.13-3

§ 12.621

Revises this basis-of-documentary-evidence section to include those persons who have alternative qualifications

Adds the additional process to meet this requirement through the possession of a professional license or alternative professional qualification.

This opens up additional options for mariners to utilize in obtaining this endorsement.

§ 12.15-1

§ 15.401

Moves this requirement to § 15.401

Moves section to part 15 as it is a manning requirement.

This re-organizes the regulations to make them easier to understand.

§ 12.15-3(e)

§ 12.501

Revises the rating forming part of an engineering watch (RFPEW) requirement for Qualified Member of the Engineering Department (QMED)

Removes the specific requirement for the STCW endorsement as RFPEW associated with QMED and moves it to its own section.

This re-organizes the regulations to make them easier to understand.

§ 12.15-3(e)

§ 12.609

Adds a new section to provide the requirements for RFPEW

Provides requirements for RFPEW, required by the STCW Convention, in one location.

This re-organizes the regulations to make them easier to understand.

§ 12.15-7

§ 12.501

Revises the requirement to provide a more general requirement that a QMED endorsement applicant must complete an appropriate training program

There is no need to provide specific information regarding the training programs and courses; this information is included in the course approval letters provided to each training provider.

This makes the regulations easier to follow.

§ 12.15-9

§ 12.501

Reduces the number of QMED ratings from 9 to 5

Deletes deck engineer, combines refrigerating engineer with electrician, and combines pumpman and machinist.

This simplifies the regulations by removing several endorsements that are no longer used and combines several others.

§ 12.15-11

§ 12.505

QMED rating endorsement list

Revises the list of QMED rating endorsements. Deletes deck engineer, combines refrigerating engineer with electrician, and combines pumpman and machinist.

This makes the regulations easier to follow.

§ 12.15-13

N/A

Deletes deck engine mechanic rating as an MMC endorsement

Deletes this rating for new applicants; however, companies that wish to continue to employ mariners in this rating may do so.

This simplifies the regulations by removing several endorsements that are rarely used and combines several others.

§ 12.15-15

N/A

Deletes engineman rating as an MMC endorsement

Deletes this rating for new applicants; however, companies that wish to continue to employ mariners in this rating may do so.

This simplifies the regulations by removing several endorsements that are rarely used and combines several others.

§ 12.25-1

§ 12.701

Changes section title from “Credentials required” to “Credentials required for entry-level and miscellaneous ratings”

Revises for clarity.

§ 12.25-10

§ 12.703

Moves general requirements

Consolidates general requirements for entry level ratings.

This makes the regulations easier to follow.

§ 12.25-45

§ 15.818

Moves section for GMDSS at-sea maintainer

Requires that anyone serving as at-sea maintainers on vessels equipped with GMDSS must provide documentary evidence of competency

This re-organizes the regulations to make them easier to access and follow.

§ 12.25-45

§ 12.623

Revises section to provide more specific information regarding the qualification requirements for an endorsement as GMDSS at-sea maintainer

Specifies the methods of qualification allowed to obtain the endorsement.

This ensures consistency with the STCW Convention and makes the regulations easier to follow.

§ 12.30

N/A

Deletes requirements for ro-ro passenger ships

Reflects the 2010 STCW amendment changes to include requirements for passenger ships, including ro-ro passenger ships.

§ 12.35

§ 12.905

Amends requirements for ratings on passenger ships when in international voyages

Reflects the 2010 amendment changes to include requirements for passenger ships.

Merges requirements from subparts 12.30 and 12.35.

This ensures consistency with the STCW Convention.

N/A

§ 12.201

Adds section with general requirements for domestic and STCW rating endorsements

Consolidates all requirements applicable to all rating endorsements contained in this part.

This makes the regulations easier to follow.

N/A

§ 12.203

Adds section with documentation of sea service for ratings

Provides information on where to find the requirements for documentation and proof of sea service for ratings.

This makes the regulations easier to follow.

N/A

§ 12.409

Adds new section with requirements for lifeboatman-limited endorsement

This endorsement is for mariners who serve on vessels without installed lifeboats.

Mariners serving on vessels without lifeboats could not qualify for the lifeboatman endorsement.

N/A

§ 12.601

Adds section with general requirements applicable to STCW rating endorsements

Consolidates all requirements applicable to STCW endorsements in this subpart. Establishes list of STCW rating endorsements.

This makes the regulations easier to follow.

N/A

§ 12.601

Adds section with standard of Competence

Adds alternative methods of demonstrating competence.

This provides mariners with multiple options, where allowed by the STCW Convention.

N/A

§ 12.601

Adds section with grandfathering provisions

Adds provisions for the implementation of the amendments to the requirements, including the 2010 amendments to the STCW Convention and Code.

This eases the burden on mariners with existing endorsements.

N/A

§§ 12.603—12.609

Insert tables specifying entry paths from domestic endorsements to STCW endorsements

Describes various entry points to obtain an equivalent STCW endorsement.

This provides a method of determining which STCW endorsements are attainable for each domestic endorsement.

N/A

§ 12.603

Adds new section with requirements for STCW rating endorsement as able seafarer-deck

Includes the STCW Convention requirements in order to obtain the endorsement.

This ensures consistency with the STCW Convention.

N/A

§ 12.605

Adds new section providing the requirements for RFPNW

Provides specific requirements for this STCW endorsement.

This ensures consistency with the STCW Convention.

N/A

§ 12.607

Adds a new section with requirements for STCW endorsement as able seafarer-engine

Includes the STCW Convention requirements in order to obtain the endorsement.

This ensures consistency with the STCW Convention.

N/A

§ 12.609

Adds new section providing the requirements for RFPEW

Provides specific requirements for this STCW endorsement.

This ensures consistency with the STCW Convention.

N/A

§ 12.611

Adds a new section providing the requirements for STCW officer endorsement as electro-technical rating

Includes the STCW Convention requirements in order to obtain the endorsement. See regulation III/7 of the STCW Convention and Section A-III/7 of the STCW Code.

This ensures consistency with the STCW Convention.

N/A

§ 12.611

Equivalent arrangements for personnel serving in a similar capacity

Allows for the issuance of the STCW endorsement as electro-technical rating to personnel with equivalent credentials and sea service.

This provides applicants with multiple paths to obtain this endorsement.

N/A

§ 12.613

Adds new section with requirements for Proficiency in survival craft and rescue boats other than fast rescue boats (PSC)

Adds requirements to maintain the standard of competence every 5 years through a combination of drills and onboard training and experience with shore-side assessments

This ensures consistency with the STCW Convention.

N/A

§ 12.615

Adds new section to provide a new endorsement for proficiency in survival craft and rescue boats other than lifeboats and fast rescue boats (PSC-limited)

Adds new section because there are individuals assigned to vessels without lifeboats who do not need to meet the full requirements for proficiency in survival craft and rescue boats other than fast rescue boats (PSC), but must still meet the proficiency in the survival craft installed on their vessels.

This ensures consistency with the STCW Convention.

N/A

§ 12.615

Adds new section with requirements for Proficiency in survival craft and rescue boats other than lifeboats and fast rescue boats (PSC)

Adds requirements to maintain the standard of competence every 5 years through a combination of drills and onboard training and experience with shore-side assessments

This ensures consistency with the STCW Convention.

N/A

§ 12.617

Adds new section with requirements for Proficiency in fast rescue boats

Adds requirements to maintain the standard of competence every 5 years through a combination of drills and onboard training and experience with shore-side assessments

This ensures consistency with the STCW Convention.

N/A

§ 12.625

Adds new section with requirements to qualify for an STCW endorsement as vessel personnel with designated security duties

Adds requirement for certification of personnel with security duties (except VSOs) in accordance with the 2010 amendments.

This ensures consistency with the STCW Convention.

N/A

§ 12.627

Adds new section with requirements to qualify for an STCW endorsement in security awareness

Adds requirement for all other personnel working onboard the vessels, in accordance with the 2010 amendments.

This ensures consistency with the STCW Convention.

§ 13.120

§ 13.120

Amends the requirements for transfers for the renewal of tankerman endorsements

Clarifies the types of transfers required according to the type of endorsement being renewed.

Also adds requirements for STCW certification valid for tank vessels

§ 13.121

§ 13.121

Includes tables of topics for each tanker course

Clarifies and updates list of subjects that the tanker courses must cover.

This makes the regulations easier to follow.

§ 13.127

§ 13.127

Service requirements for tankerman-engineer

Clarifies information that must be included in the service letter for tankerman-engineer.

This makes the regulations easier to follow.

§ 13.201

§ 13.201

Moves the cargo course and firefighting course requirements of this section to § 13.121

Clarifies existing requirements.

This makes the regulations easier to follow.

§ 13.301

§ 13.301

Moves the cargo course and firefighting course requirements of this section to § 13.121

Clarifies existing requirements.

This makes the regulations easier to follow.

§ 13.307, § 13.309

§ 13.121

Moves the firefighting and cargo course requirements of this section to § 13.121

Provides firefighting and cargo training course subjects in the appropriate table.

This makes the regulations easier to follow.

§ 13.401

§ 13.401

Amends Tankerman-Assistant requirements

This ensures that an applicant has the necessary knowledge to obtain this endorsement.

Adds an examination requirement for mariners who qualify for the endorsement on sea service alone

§ 13.407, § 13.409

§ 13.121

Moves the firefighting and cargo course requirements of this section to § 13.121

Provides firefighting and cargo training course subjects in the appropriate table.

This makes the regulations easier to follow.

§ 13.501

§ 13.501

Moves the cargo course and firefighting course requirements of this section to § 13.121

Clarifies existing requirements.

This makes the regulations easier to follow.

N/A

§ 13.601

Adds new section with alternative methods of demonstrating competence to provide mariners with multiple options, where allowed by the STCW Convention

This opens additional paths of demonstrating competence.

N/A

§ 13.603

Adds new section for STCW endorsement for advanced tankerman

Adds new STCW endorsement for advanced oil and chemical tanker cargo operations, in accordance with the 2010 amendments. Includes grandfathering provisions

This ensures consistency with the STCW Convention.

This also ases the transition for mariners with similar endorsement.

N/A

§ 13.603

Adds new section with requirements to qualify for an endorsement for advanced oil tanker cargo operations and basic chemical tanker cargo operations

Uses existing domestic endorsements as “Tankerman PIC” to qualify for STCW endorsements.

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

N/A

§ 13.605

Adds new section with STCW endorsement for advanced liquefied gas tanker cargo operations

Adds new STCW endorsement for advanced liquefied gas tanker cargo operations, in accordance with the 2010 amendments. Includes grandfathering provisions

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

N/A

§ 13.605

Adds new section with requirements to qualify for an endorsement for advanced liquefied gas tanker cargo operations

Uses existing domestic endorsements as “Tankerman PIC” to qualify for STCW endorsements.

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

N/A

§ 13.607

Adds new section with STCW endorsement for basic oil and chemical tanker cargo operations

Adds new STCW endorsement for basic oil and chemical tanker cargo operations, in accordance with the 2010 amendments. Includes grandfathering provisions

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

N/A

§ 13.607

Adds new section with requirements to qualify for an endorsement for basic oil tanker cargo operations and basic chemical tanker cargo operations

Uses existing domestic endorsements as “Tankerman-assistant” and “Tankerman-engineer” to qualify for STCW endorsements.

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

N/A

§ 13.609

Adds new section for STCW endorsement for basic liquefied gas tanker cargo operations

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

Adds new STCW endorsement for basic liquefied gas tanker cargo operations, in accordance with the 2010 amendments.

Includes grandfathering provisions

N/A

§ 13.609

Adds new section with requirements to qualify for and endorsement basic liquefied gas tanker cargo operations

Uses existing domestic endorsements as “Tankerman-assistant” and “Tankerman-engineer” to qualify for STCW endorsements.

This ensures consistency with the STCW Convention.

This also eases the transition for mariners with similar endorsement.

§ 14.309

§ 14.309

Expands options for payment of wages upon discharge of a mariner

In order to reflect current practices for electronic fund transfer for payment of wages, the Coast Guard proposes to allow companies to provide, instead of payment, a statement of wages due and when wages will be deposited.

§ 15.103

§ 15.105

Adds clarification that a safe manning certificate may be issued to uninspected vessels on an international voyage

Provides uninspected vessels on international voyages the necessary information they will need to provide Port State Control Officers in foreign ports.

This ensures consistency with the STCW Convention.

§ 15.515

§ 15.515

Clarifies the requirement regarding passenger vessels

Provides clarification to assist in understanding manning requirements because existing language is confusing.

§ 15.605

§ 15.605

Adds the requirement that individuals serving on uninspected passenger vessels (UPVs) on international voyages must comply with the STCW Convention

UPVs operating on near-coastal domestic voyages are held to be substantially in compliance with the STCW Convention. However, the STCW Convention requires all individuals to be in compliance with the STCW Convention when on international voyages.

This ensures consistency with the STCW Convention.

This also makes it clear that operators on UPVs on international voyages must obtain the appropriate STCW endorsement.

§ 15.805

§ 15.805

Provides for all UPVs on international voyages to be under the control of an individual holding a license or endorsement as master

Provides consistency with the STCW Convention, which requires that all vessels on an international voyage, including UPVs, must be operated by an individual who complies with the STCW Convention.

§ 15.845

§ 15.845

Adds manning provision for new lifeboatman-limited rating

Provides an alternative for those vessels without lifeboats and sets the provisions to use the lifeboatman-limited endorsement instead of the lifeboatman endorsement.

§ 15.1101

§ 15.1101

Moves definitions of this section to § 10.107, and this section now provides a list of vessels exempt from having to comply with the STCW Convention. Also provides for certificates for a single international voyage for persons serving on vessels exempted under this section

This makes the regulations easier to follow.

§ 15.1103

§ 15.1103

Adds requirement for medical certificate as a condition of employment

All mariners must have a medical certificate. The 2010 amendments to the STCW Convention require a 2-year medical certificate for all seafarers holding STCW endorsements.

In addition, provides an extension, not to exceed 90 days, if the certificate expires during a voyage

This ensures consistency with the STCW Convention.

§ 15.1111

§ 15.1111

Revises hours of work and rest periods for mariners

The following changes are included as part of the 2010 amendments: 1) expanded the application for hours of rest periods for mariners; 2) amended the weekly rest hour requirements from 70 hours to 77 hours; 3) recording of hours of rest and 4) included flexibility from the rest hour requirements in exceptional circumstances.

This ensures consistency with the STCW Convention.

§ 15.1111

§ 15.1111

Adds requirements for persons to hold an STCW endorsement for personnel with security duties

This ensures consistency with the STCW Convention.

Adds requirement for persons with security duties to hold an STCW endorsement for personnel with security duties. This requirement has already been implemented with regards to VSOs

§ 15.1111

§ 15.1111

Adds requirements for persons to hold an STCW endorsement in security awareness

This ensures consistency with the STCW Convention.

Adds requirement for all other personnel working on board the vessels to hold an STCW endorsement in security awareness, in accordance with the 2010 amendments

N/A

§ 15.403

Adds new section to establish when credentials for ratings are required

Requires mariners serving on vessels over 100 GRT to produce the appropriate credential for the position sought.

This ensures consistency with the U.S. Code.

N/A

§ 15.404

Adds new section to provide the various endorsements required for service

Explains specific endorsements required and covered under these manning requirements.

This makes the regulations easier to follow.

E. Part 12 Re-numbering

Part 12, Requirements for Rating Endorsements, was largely rewritten to incorporate the rating requirements of the STCW Convention. In addition, the numbering of part 12 was changed to reflect the numbering of the remainder of 46 CFR subchapter B.

Below is a quick-reference table showing the subparts and sections of the previous part 12 that were renumbered, revised, and inserted into the new part 12.

Old reference

NPRM reference

New reference

Subpart 12.01:

Subpart A:

Subpart A:

§ 12.01-1

§ 12.101

§ 12.101

§ 12.01-3

§ 12.103

§ 12.103

§ 12.01-9

§ 12.105

§ 12.105

Subpart 12.02:

Subpart B/Others:

Subpart B/Others:

§ 12.02-7

§ 15.403

§ 15.401

§ 12.02-11

§ 12.201

§ 12.201

§ 12.02-17

§ 12.203

§ 12.205(c)

Subpart 12.03:

Subpart C:

Subpart D:

§ 12.03-1

§ 10.300 series

§ 10.400 series

Subpart 12.05:

Subpart D/Others:

Subpart D/F:

§ 12.05-1

§ 12.401

§ 12.401

§ 12.05-3

§ 12.412

§ 12.401

§ 12.05-3(c)

§ 12.420

§ 12.605

§ 12.05-7

§ 12.414

§ 12.403

§ 12.05-7(a)(5)

§ 12.420

§ 12.605

§ 12.05-9

§ 12.416

§ 12.405

§ 12.05-11

§ 12.418

§ 12.401

Subpart 12.10:

—Various—:

—Various—:

§ 12.10-1

§ 15.403

§ 15.401

§ 12.10-3

§ 12.610

§ 12.407

§ 12.10-5

§ 12.610

§ 12.407

§ 12.10-7

§ 12.414

§ 12.404

§ 12.10-9

§ 12.620

§ 12.617

Subpart 12.13:

Subpart F/Others:

Subpart F:

§ 12.13-1

§ 15.403

§ 12.619

§ 12.13-3

§ 12.640

§ 12.619

Subpart 12.15:

Subpart E/Others:

—Various—:

§ 12.15-1

§ 15.825

§ 15.401

§ 12.15-3

§ 12.510

§ 12.501

§ 12.15-3(c)

§ 12.510

§ 12.609

§ 12.15-5

§ 12.512

§ 12.501

§ 12.15-7

§ 12.514

§ 12.503

§ 12.15-7(c)

§ 12.530

§ 12.609

§ 12.15-9

§ 12.516

§ 12.505

§ 12.15-11

§ 12.518

§ 12.505

§ 12.15-13

§ 12.520

N/A (rating removed)

§ 12.15-15

§ 12.522

N/A (rating removed)

Subpart 12.25:

Subpart G/F:

—Various—:

§ 12.25-1

§ 12.702

§ 12.701

§ 12.25-10

§ 12.704

§ 12.703

§ 12.25-20

§ 12.706

§ 12.201

§ 12.25-25

§ 12.710

§ 12.705

§ 12.25-30

§ 12.720

§ 12.707

§ 12.25-35

§ 12.730

§ 12.709

§ 12.25-40

§ 12.740

§ 12.711

§ 12.25-45

§ 12.650

§ 12.623

Subpart 12.30:

Part 15-Subpt J:

N/A (combined with Subpart I):

§ 12.30-1

§ 15.1103 (d)

N/A

§ 12.30-5

§ 15.1103 (d)

N/A

Subpart 12-35:

Part 15-Subpt J:

Subpart I:

§ 12.35-1

§ 15.1103 (d)

§ 12.905

§ 12.35-1

§ 15.1103 (d)

§ 12.905

Subpart 12.40:

Subpart H:

Subpart H:

§ 12.40-1

§ 12.801

§ 12.801

§ 12.40-5

§ 12.803

§ 12.803

§ 12.40-7

§ 12.805

§ 12.805

§ 12.40-9

§ 12.807

§ 12.807

§ 12.40-11

§ 12.809

§ 12.809

§ 12.40-13

§ 12.811

§ 12.811

§ 12.40-15

§ 12.813

§ 12.813

VII. Discussion of Comments on the NPRM

The Coast Guard received more than 1,200 comments in response to the NPRM published on November 17, 2009. These comments consist of letters to the docket, remarks at the public meetings in Miami, New Orleans, Seattle, Washington, DC, and New York, and comments submitted by MERPAC. The following paragraphs contain an analysis of comments received and an explanation of any changes made in the rule as proposed.

Several comments noted grammatical and non-substantive errors in the NPRM. The Coast Guard has incorporated these comments, where appropriate, without further discussion.

Project Title

One commenter states that this rulemaking is incorrectly titled, introduced, and described. The commenter feels the title implies that the only changes are as a result of STCW and that there are many changes that seriously impact domestic vessels. The commenter says this project should be restricted to only STCW implementation or a correctly titled and described rulemaking should be republished.

The Coast Guard agrees that the title of this rulemaking project is no longer an accurate reflection of the changes being proposed, which include changes to domestic licensing. Accordingly, this SNPRM appropriately changes the title to include changes to domestic endorsements in addition to implementation of the 1995 STCW Amendments.

Applicability

Two commenters state that the STCW Convention requirements should be applied to mariners serving on all U.S. vessels on both inland and seagoing waters.

The Coast Guard disagrees. The STCW Convention applies to mariners serving on seagoing ships (except pleasure craft, fishing vessels, and ships entitled to sovereign immunity such as warships). Article II of the Convention defines a seagoing ship as a ship other than one that “navigates exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.” The provisions in this SNPRM which would implement amendments to the STCW Convention only apply to commercial vessels operating seaward of the boundary line, as specified in 46 CFR part 7. As stated in Article III of the STCW Convention, the Convention “shall apply to seafarers serving on board seagoing ships entitled to fly the flag of a Party * * *”

1

Article II of the Convention defines “seagoing ship” as a ship other than those navigating exclusively in inland waters or waters within or adjacent to sheltered waters. The Coast Guard does not intend to apply strict international standards upon our domestic mariners in this regard. As such, the Coast Guard would apply the STCW provisions only to vessels operating beyond the boundary line.

1

Article III lays out four exceptions to its application: “(a) warships, naval auxiliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service * * *; (b) fishing vessels; (c) pleasure yachts not engaged in trade; or (d) wooden ships of primitive build.” International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.

Two commenters note that the preamble to the NPRM states “* * *our entire scheme of licensing, testing, inspection and continued oversight for inland water and Great Lakes provides a level of safety equivalent to the STCW convention.” The commenter asks why this thinking should not extend to vessels that sail beyond the boundary or on short, international voyages and therefore why the Coast Guard does not make those vessels exempt from the STCW provisions.

STCW is not applicable to inland waters. The Coast Guard has chosen not to extend STCW requirements to inland waters but recognizes that as a signatory to the Convention, we must ensure our rules are consistent with the requirements for ships on seagoing voyages. In accordance with Article I of the STCW Convention and as signatory to the Convention, the United States is obliged to give the Convention full and complete effect to ensure that, from the point of view of safety of life and property at sea and the protection of the marine environment, seafarers onboard ships are qualified and fit for their duties. Therefore, the Coast Guard is not able to exempt seagoing ships on the grounds that they operate on short international voyages.

Delay Implementation and Extend Public Comment Period

Ninety-two commenters request that the Coast Guard delay implementation of the NPRM because of the significant impact of the regulatory content on merchant mariners. Many of those commenters also request that the Coast Guard withdraw the NPRM and combine its contents with proposed regulations forthcoming as a result of the International Maritime Organization (IMO) 2010 amendments to the STCW Convention and Code, which were completed in June 2010. Many of these commenters also requested that the Coast Guard extend the comment period beyond the 90 days given in the NPRM.

The Coast Guard agrees and has decided to publish this SNPRM, which

describes proposed changes from the NPRM published on November 17, 2009, and includes the new proposed regulations, which address the IMO 2010 amendments to the STCW Convention and Code. To accommodate requests for an additional comment opportunity, the Coast Guard has issued this SNPRM with a 60-day comment period.

Definitions

Two commenters state that in proposed § 10.107, the definition of “Quality Standard System or QSS” provides no guidance as to what training institutions in the field will be required to do.

The QSS requirements are contained in § 10.410. The provisions include: (1) Documentation that includes a quality policy and objectives and a quality manual; (2) internal audits; and (3) an external audit to be conducted by the Coast Guard.

One commenter asks how the Coast Guard determines whether a vessel's operating schedule is “inappropriate” in determining the length of a day, as described in the definition for “day” provided in the proposed § 10.107.

The Coast Guard will review vessel manning requirements and applicable laws and regulations to determine if the vessel is authorized to operate under a two-watch system. The Coast Guard will also review vessel operation schedule to determine if a 12-hour day is practiced.

One commenter writes that the Coast Guard's definition of “coastwise voyage” is unclear. The commenter asks if a vessel with such an endorsement would be permitted to attend a stacked MODU, or a MODU that is moving between locations on the U.S. Outer Continental Shelf, which is not engaged in Oil and Gas activities and is not considered to be a “port or place in the United States” for the purposes of Customs laws.

Such a vessel would be considered to be on a coastwise voyage if the vessel, prior to attending the MODU, departed from, and returns to, a port in the United States or its possessions.

Twenty-one commenters remark that the definition of “chief mate” describes precisely the role and responsibility of a mate on a vessel that is permitted to work a two-watch system, yet the person serving in that position may not be required to hold an endorsement as chief mate. The commenters feel any requirement for service as chief mate will be impossible to meet on vessels that have no manning requirement for a chief mate. The commenters recommend that the phrase “and who holds a valid officer endorsement as chief mate” be deleted.

The Coast Guard agrees with the proposal and has made this revision. However, if a mariner, serving as a chief mate onboard a vessel that is not required to have a chief mate, wants sea service credit, he or she must provide proper documentation.

One commenter writes that the definition of “horsepower” should be clarified.

The Coast Guard agrees and has revised the definition to read: “Horsepower or HP means, for the purpose of this subchapter, the total maximum continuous shaft horsepower of all of the vessel's main propulsion machinery as determined by the manufacturer. This term is used when describing a vessel's propulsion power and also when placing limitations on an engineer officer license or endorsement. One horsepower equals 0.75 kW.”

Six commenters interpret the definition of “first assistant engineer” as requiring the second in charge of the engine department to hold a first assistant engineer endorsement, thereby creating a de-facto manning requirement that does not fit smaller vessels.

The Coast Guard agrees and has revised the definition to say: “First assistant engineer means the engineer officer next in rank to the chief engineer and upon whom the responsibility for the mechanical propulsion and the operation of maintenance of the mechanical and electrical installation of the vessel will fall in the event of the incapacity of the chief engineer.”

Three commenters state that the term “near-coastal” is defined as waters off the U.S. not more than 200 miles offshore, but the definition of “international voyage” includes the words, “territories of the U.S.” The commenters feel it would be useful to have a better description of what the waters of the U.S. are, and whether they include Puerto Rico, Guam, Saipan, and the U.S. Virgin Islands for the purposes of defining routes on a credential.

The Coast Guard recognizes that these two definitions, which were included in the NPRM, have caused confusion; therefore, we have decided to retain in the SNPRM only a definition for near coastal voyages. The definition has been clarified to preserve the intent of Regulation I/5 of the STCW Convention, which states that individual governments may establish their own near-coastal provisions. Near-coastal means ocean waters not more than 200 miles offshore from the U.S. and its territories.

Four commenters comment that the definition of “OICEW” includes DDE and defines it as “operational level,” but the wording of § 15.915(a)(2) gives the designated duty engineer (DDE) authority as chief on certain seagoing vessels. Moreover, the commenters remark that the definition of “DDE” says they may serve as the sole engineer, which implies authority as a chief engineer. The commenters assert that the definitions need to be revised to make them consistent with the other provisions of § 15.915. The commenters suggest that we provide a different endorsement wording for DDE credentials that carry chief engineer authority on seagoing vessels, such as “chief engineer on vessels of not more than 500 GRT.”

The Coast Guard concurs with the comments. The STCW officer endorsement provisions in this SNPRM take the commenters' views into consideration and clearly state for which STCW endorsements the DDE is eligible. It also notes that DDE endorsements will be limited to 500 GRT in addition to a particular horsepower limitation.

One commenter states that the definition of “second engineer officer” is an STCW term equivalent to the U.S. endorsement as first assistant and that the Coast Guard should make that clear.

This SNPRM contains definitions for both domestic first assistant engineer endorsement and the STCW second engineer officer endorsement. Although they both belong to different endorsement schemes, it can be readily seen that they are roughly equivalent in their respective systems.

Two commenters recommend amending the definition of “seagoing service” to be aligned with the intent of the STCW Convention and therefore less restrictive than current Coast Guard interpretation. Seagoing service can include all service aboard appropriate vessels, whether beyond the boundary line or not, particularly for those vessels that do not operate exclusively on inland waters or sheltered waters.

The Coast Guard agrees and has adopted the STCW definition of seagoing service.

One commenter says sea service should be defined in § 10.107 in such a way that BST renewals would not require 1 year of seagoing service during the last 5 years.

The Coast Guard disagrees. As mandated by the 2010 amendments to the STCW Convention and Code, the Coast Guard will not only require 1 year of seagoing service, but it will also require the applicant to provide evidence of meeting the standard of competence for those parts of BST that cannot be safely or reasonably

completed onboard a vessel during the 12 months of seagoing service.

Four commenters state there is no sound reason to limit qualifying service for STCW endorsements to service exclusively gained beyond the boundary line or to limit qualifying service based upon geographic location.

The Coast Guard agrees, and the proposed definition for “seagoing service” in this SNPRM would accept service on the Great Lakes and inland waters.

One commenter suggests that we amend the definition of “designated duty engineer” (DDE) to recognize the typical manning of towing vessel engine rooms because a great majority of engine rooms on towing vessels are automated, but not to specific Coast Guard or ABS standards for “unattended engine” rooms. The commenter suggests that the Coast Guard either modify the definition of DDE to explicitly allow service on towing vessels or provide guidance on what constitutes a “periodically unattended engine room” that is specific to the operations and characteristics of towing vessels.

The definition of “DDE” would allow the engineer to sail on towing vessels under current regulations for uninspected vessels. The term “periodically unattended” is not meant to be an official term designating Coast Guard or American Bureau of Shipping (ABS) compliance, but a general expression of a machinery space where constant conventional watches are not stood.

Ten commenters disagree with the definition of “domestic voyage” and, when coupled with NVIC 7-00, believe it would exclude U.S. flag workboats from operating outside U.S. waters since most crewmember credentials are for near-coastal or near-coastal domestic voyages.

The definition provided in the NPRM for “domestic voyage” represents a universally accepted method of defining domestic voyages. Regulation I/3 of the STCW Convention provides that each Administration sets its own near coastal limits, and allows for the use of near-coastal endorsements in other Administrations' waters provided those Administrations determine that the near-coastal endorsements are equivalent to their own.

Eight commenters expressed belief that the definition of “international voyage,” when coupled with NVIC 7-00, would exclude workboats from operating outside U.S. waters since most workboat mariner credentials are for near-coastal or near-coastal, domestic routes.

The definition of “international voyage” has been removed. The near-coastal domestic restriction on credentials is intended for use in waters over which the United States has authority. While a near-coastal STCW endorsement does not preclude its use in another Administration's near-coastal waters, that endorsement is limited to the near-coastal waters as determined and accepted by the local administration.

One commenter says the Coast Guard needs to add a definition for “Great Lakes voyage,” and without this definition, this type of voyage may be considered an international voyage and could impose additional crew requirements when making stops in Canada.

The Coast Guard disagrees with the comment. It is unnecessary to define a Great Lakes voyage, as this is already a route established on credentials.

Two commenters suggest removing the definition of “competent person” from § 10.107 and place the term within the applicable sections in Part 13.

The Coast Guard agrees and has made this change.

One commenter states the definition of “tankship” is confusing and incomplete and recommends adding to the end of the proposed definition, “excluding an Offshore Supply Vessel as defined in 46 U.S.C. 2101.”

The Coast Guard disagrees. This is an existing definition. This definition only applies for the credentialing of seafarers and is not applicable to vessels.

Two commenters disagree with the inclusion of “those waters specified in 33 CFR 89.25” in the definition of “Western rivers.”

The Coast Guard has reformatted this definition to include a numbering system to the different sections of the Western rivers. The reference to 33 CFR 89.25, as well as the remainder of the definition remains unchanged from existing text.

One commenter asks the Coast Guard to include a definition for the term “barge.”

The Coast Guard agrees, and has included a definition in § 10.107.

One commenter asks that the definition of “disabled vessel” be modified to add the following: “[t]his includes, but is not limited to, a vessel that needs support or aid from another vessel (or vessels) to achieve completion of a maneuver or a portion of a transit safely, or when vessel safety is at risk such as mechanical difficulty, weather conditions, port/waterway congestion, or vessel maneuvering constraints.”

The Coast Guard agrees and has amended the definition of “disabled vessel” to include the commenter's suggestion.

One commenter asks that the definitions of “on location” and “underway” be revised to consider the advent of MODU's dynamic positioning capability. Specifically, they recommend the following definition for “on location”: “On location means that a mobile offshore drilling unit is bottom bearing, moored with anchors placed in the drilling configuration, or, when utilizing dynamic positioning, is maintaining station at the drilling location.” For “underway,” the commenter recommends the following: “Underway means that a vessel is not at anchor, made fast to the shore, or aground. When referring to a mobile offshore drilling unit (MODU), underway means that the MODU is not bottom bearing, moored with anchors placed in the drilling configuration, or in laid-up status. It includes those periods of time during which a MODU is deploying or recovering its mooring system or when it is utilizing its dynamic positioning system.”

The Coast Guard disagrees that we can or should change these definitions. The International Regulations for Prevention of Collisions at Sea (COLREGS) and the Inland Navigation Rules define “underway” as “not at anchor, or made fast to the shore, or aground.” The COLREGS are incorporated in Chapter 30 of Title 33 of the U.S. Code and implemented via 33 CFR part 81. The Inland Navigation Rules are incorporated in Chapter 34 of Title 33 of the U.S. Code and implemented via 33 CFR part 83. A vessel using dynamic positioning to drill or conduct production operations would be considered “underway” under those rules. Even if we could alter these definitions, doing so would be beyond the scope of this rulemaking project.

Two commenters assert that the definitions for “dual mode ITB,” “ITB,” and “push mode ITB” should reflect current industry practices and include reference to Articulated Tug Barge units (ATBs). The commenter recommends that sea time on ATBs be credited based upon the combined tonnage of the tug and barge unit when connected through articulated means.

The Coast Guard agrees in part and has added a definition for ATB: Articulated Tug Barge or ATB means any tug-barge combination which through the use of an articulated or “hinged” connection system between the tug and barge allows movement in one axis, or plane in the critical area of fore and aft pitch. Definitions for the other configurations remain unchanged from the NPRM. Furthermore the Coast

Guard amended the service requirements to provide credit for service on ATBs.

Implementation of the Training Requirements and Grandfathering Provisions

Forty-four commenters express concern about the time it will take to implement the training requirements in the NPRM.

The Coast Guard recognizes the potential problems associated with the time it will take to implement the training requirements and has included a 5-year transitional period for the implementation of the requirements. This SNPRM provides transitional and grandfathering provisions consistent with the 2010 amendments to the STCW Convention. The 2010 amendments to STCW come into force on January 1, 2012. However, STCW Regulation I/15 on transitional provisions, allows requirements to come into effect over a 5-year period in order to avoid disruption to the maritime industry. STCW Regulation I/15 also provides that a Party may continue, until January 1, 2017, to issue certificates (in the U.S., this would be the MMC) in accordance with the credentialing rules it has in place before the 2010 amendments come into force (January 1, 2012) only with respect to seafarers who begin their sea service or their approved maritime training before July 1, 2013. Candidates who begin their sea service or their approved maritime training on or after July 1, 2013 will be subject to the full application of the revised STCW requirements. The Coast Guard has drafted this SNPRM to allow for this phase-in process. These provisions require any seafarer who holds an STCW endorsement prior to January 1, 2012, to provide evidence of meeting the appropriate standard of competence for the applicable STCW endorsement by January 1, 2017.

Domestic requirements provided in this proposed rule will be transitioned during a 5-year period (after the effective date of the final rule) to coincide with the renewal of existing domestic endorsements. Individuals seeking an original endorsement or raise of grade during this period, and who begin training or service before January 1, 2012, need only meet the requirements in place before that date. Those individuals who start training or service on or after January 1, 2012, must meet all provisions described in the final rule.

Separation of STCW and Domestic Endorsements

Thirty commenters express the feeling that, in order to remove confusion, the Coast Guard needs to separate the domestic standards from the STCW standards.

The Coast Guard agrees and, in this proposed rulemaking, has clearly separated the two schemes for the STCW and domestic endorsements. For STCW endorsements, this proposed rulemaking incorporates the sea service and training requirements from the STCW Convention and Code to ensure consistency and clarity. In addition, the Coast Guard has provided entry paths from each domestic endorsement to the equivalent STCW endorsement.

Methods for Demonstrating Competence

Sixty-four commenters object to the Coast Guard requiring formalized training as the sole method of proving competency in order to obtain an STCW endorsement.

The Coast Guard agrees. This SNPRM proposes to allow different methods for demonstrating competence as permitted by the STCW and appropriate to each individual competency. This will allow the preservation of a “hawsepipe” program, which allows the use of practical experience to demonstrate competence, and foster career paths that were not provided for in the previous NPRM.

One commenter notes many mariners may not obtain their seagoing experience in an organized progressive sequence, such as that provided by maritime academies. By not allowing sea time from prior service to be credited toward upgrades or endorsements, the Coast Guard prevents “hawsepipe” mariners from using their considerable and valuable experience to progress in their careers.

The Coast Guard recognizes the benefits of a “hawsepipe” process for the creation of licensed mariners. This SNPRM provides multiple methods of demonstrating competence, which should ensure the continued existence of this process.

Creditable Service on Great Lakes and Inland Waters

Ten commenters request that the Coast Guard grant day-for-day credit for applicants providing service on Great Lakes and inland waters. The commenters state that a large portion of the skills and assessments which STCW requires for its endorsements overlaps with the skills and techniques these officers are currently using as deck officers on the Great Lakes and inland waters.

The Coast Guard agrees and in this SNPRM proposes to grant sea service on other than ocean waters for STCW endorsements as follows: Those serving on Great Lakes waters will receive day-for-day credit; and those serving on inland waters will receive 1 day of ocean service credit for every 2 days of service for up to 50 percent of the total service. Given the wide variety of ship operations and career patterns in United States waters, and the movement of personnel from one segment of industry to another, we have found it appropriate to take into account the interchangeability or transferability of skills and experience when candidates apply for a credential. The service from experience obtained in the Great Lakes most closely resembles the knowledge and skill which are required for operating a seagoing ship. Service in inland waters does not always resemble operating a seagoing ship. However, the Coast Guard recognizes that many of the inland navigable waters are of such length and/or breadth that they have the characteristics of ocean or near coastal waters.

Creditable Service for Sailing School Vessels

Ten commenters recommend that the Coast Guard grant one and one-half days sea service credit for every day served on sailing school vessels. The commenter recommends recognizing the special operations of sailing school vessels in the practice and training of seamanship.

As part of an approved program, the Coast Guard may grant additional credit for service on vessels if that program is shown to exceed the experience normally received during the same number of days on a commercial vessel that is not part of a program and merits such credit. The Coast Guard will not grant this credit outside of an approved program.

Seagoing Service

One commenter writes that the endorsement for 200 GRT/500 GT near-coastal mate (for international voyages) will require 3 years of sea time for an original issue, which the commenter notes is three times longer than the current requirement. The commenter feels the Coast Guard needs to establish an appropriate level of training for small vessels that is appropriate for the duty on these vessels. The commenter suggests the current 1-year sea service requirement should be retained.

The Coast Guard agrees with the comment and has amended § 11.321. Seafarers holding a domestic endorsement as mate near coastal of less

than 200 GRT/500 GT may qualify for an STCW endorsement as OICNW of less than 200 GRT/500 GT with 6 months of sea service under the authority of the domestic endorsement. This provision is consistent with Regulation II/3, paragraph 4 of the STCW Convention.

Three commenters note that proposed § 11.430(e) requires applicants for officer endorsements with a tonnage limit over 200 GRT/500 GT to have qualification as an able seaman. In light of the fact that many applicants will have qualifying service on vessels not required by law to carry able seamen, the commenters believe this provision serves as either a barrier to entry or an unnecessary step and recommend dropping it as a prerequisite.

The Coast Guard has removed the requirement to qualify as able seaman from the requirements to obtain this domestic endorsement.

One commenter opposes not allowing service as a rating to count toward a management-level certificate. The commenter feels this unfairly penalizes mariners who have had to sail as a rating rather than as an officer because of current economic conditions.

This SNPRM continues to accept service as a rating towards renewal of a management-level endorsement. However, it would not be appropriate to allow rating or unlicensed service to be creditable towards an upgrade to a management-level endorsement. The STCW requirements for management-level endorsements specify the minimum amount of service to be accrued while serving under the authority of an operational level credential. For example, to qualify for a master and chief mate on vessels of 3,000 GT or more (Regulation II/2), it requires that the candidate meets the OICNW requirements and have 12 months approved seagoing service in that capacity.

Tonnage Limitations and Qualifying Service

Eighty-three commenters suggest the Coast Guard lower the minimum vessel tonnage threshold for qualifying experience for STCW endorsements.

The Coast Guard is adopting the STCW language for seagoing service, which allows us to accept service appropriate to the credential sought, regardless of the tonnage. The domestic officer endorsement requirements will not be changed.

Twenty-two commenters suggest expanding the table of tonnage equivalents to assist in determining qualifying service. The commenters believe this will permit reasonable benefit for mariners serving aboard limited tonnage seagoing vessels who are seeking qualified seagoing service relevant to the issues of certification and qualification for STCW endorsements.

As mentioned above, the Coast Guard is adopting the STCW language for seagoing service, which allows us to accept service appropriate to the credential sought, regardless of the tonnage. In addition, the Coast Guard has removed the tonnage equivalency table because of its potential to generate confusion.

One commenter states that the proposed rulemaking would require changes to the United States Code (U.S.C.), particularly to 46 U.S.C. subtitle II, part J, chapter 143 on “Convention Measurement.” Chapter 143 implements the provisions of the International Convention on Tonnage Measurement of Ships.

The NPRM and the current SNPRM do not alter the underlying law affecting how tonnage is measured. The Coast Guard has also removed the tonnage equivalency table. It should be noted that the equivalent measurements are now being retained only for STCW endorsements at the 200 GRT/500 GT and 1,600 GRT/3,000 GT levels.

Two commenters raise concerns regarding placement of tonnage limitations on unlimited tonnage licenses when the applicants fail to provide the service required within the regulations.

The Coast Guard notes that this has existed for many years and that the NPRM did not propose to change this provision. Current regulations provide, and we will retain authority, for the Coast Guard to place limitations on domestic officer endorsements when an applicant does not present sufficient evidence of service on vessels over 1,600 GRT/3,000 GT.

Two commenters write that master or mate on vessels of less than 1,600 GRT/3,000 GT upon oceans appears to be the only lower-level option for an ocean-endorsed license for international voyages. The commenters think this severely discriminates against mariners and vessels of the smaller tonnages who wish to sail upon ocean routes to foreign destinations.

The Coast Guard agrees and will retain a credentialing regime that will provide for persons serving on vessels of smaller tonnage on ocean routes.

Military Sea Service

Three commenters remark that, while the military, especially the Navy, is a good source of experienced members with a good work ethic, individuals that cross over from the military should be deemed proficient with some form of testing to keep the standards of the U.S. merchant marine elevated.

The Coast Guard agrees and has added provisions for military members with qualifying sea service to obtain a domestic or STCW endorsement at either the operational or management level after satisfactory completion of the appropriate training and assessments, in accordance with the STCW Code. The provisions for “sea service as a member of the armed forces” were moved to proposed § 10.232.

One commenter asks if a military petty officer who qualified as engineering officer of the watch can qualify for an endorsement as QMED oiler and/or RFPEW. However, see our response above regarding new provisions for military members.

In evaluating a mariner's qualifications, we consider the unique qualifications of the applicant. As such, we are unable to provide a definitive response to this situation based on the information provided.

Foreign Sea Service

Four commenters request that the Coast Guard accept service on foreign flag vessels to establish recency for license or endorsement renewals.

The Coast Guard agrees and has added new § 10.232 to address this topic and to accept this type of sea service for original, renewals, and raise-in-grade of endorsements.

International Voyages

One commenter notes that the NPRM adds additional endorsements for officers on seagoing ships (Medical PIC/Medical first-aid provider). The commenter asks if these endorsements are required only when operating on international voyages or if it will include domestic and Great Lakes voyages if the vessel is considered a seagoing vessel by definition and allowed to proceed beyond the boundary line on its Certificate of Inspection.

The medical first-aid provider endorsement and person in charge of medical care endorsement are STCW endorsements available to both officer and ratings positions. Except as provided in the requirements for OICNW and OICEW, neither of these endorsements is mandatory unless the person has been designated by his or her employer to act in one of those capacities.

Domestic Near-Coastal Voyages

Three commenters state that NPRM § 11.401(a)(10) says that 200 GRT masters/mates on near-coastal routes

must meet Regulation II/3 of the STCW Convention, but that the footnotes (as well as the first sentence) appear to exempt those vessels.

Proposed § 11.301(j) provides that masters, mates, or engineers endorsed for service on seagoing vessels of less than 200 GRT/500 GT (other than passenger vessels subject to subchapter H of this chapter) are entitled to hold an STCW endorsement corresponding to the service or other limitations of the license or officer endorsements on the MMC. These vessels are not subject to further obligation under the STCW because of their special operating conditions as small vessels engaged in domestic, near-coastal voyages.

Five commenters state that there are a number of exceptions and exemptions that have been issued by local Captains of the Port (COTP) for vessels on short international voyages, allowing voyages to Canadian, Bahamian, British Virgin, and Mexican waters, and assert that the Coast Guard should determine how these exemptions will be affected by these changes.

The Coast Guard recognizes the variances that were issued by the local COTPs to address individual operational needs. These variances have been incorporated into the regulations to the extent possible consistent with the STCW Convention. Therefore, exemptions issued by the OCMI/COTP will no longer be valid. In the future, any additional variances will need to be consistent with the regulations found in subchapter B of 46 CFR.

Four commenters recommend that proposed § 11.463(d) make clear that the authority to make a near-coastal international voyage be included in the endorsements in §§ 11.423 and 11.424, as well as by a 500 GRT master/mate credential issued based on service obtained prior to the effective date.

46 CFR 11.301(j) (of the SNPRM) allows for an STCW and officer endorsement as master or mate of self-propelled seagoing vessels of less than 200 GRT/500 GT limited to near-coastal waters, including masters and mates of towing vessels, to be valid for service on self-propelled, seagoing vessels engaged on international voyages, and on passenger vessels of 100 GRT/250 GT or more on domestic, near-coastal voyages.

One commenter states the small passenger vessel exemption in the existing text of § 15.105 should not change.

We have kept the exemption for small vessels and have retained the provisions restricting such exemptions to waters over which the U.S. has jurisdiction in 46 CFR 15.105. One commenter requests that the Coast Guard add the St. Lawrence Seaway and the St. Lawrence River to the list of waters exempted in § 11.202(d)(4).

These waters are not seaward of the boundary line. Therefore, STCW is not applicable to them and no exemption is needed.

One commenter states that limiting OUPVs to domestic voyages has a considerable impact with no return on the cost and that a near-coastal OUPV can travel 100 miles out to sea. The commenter notes that this distance is well into the Bahamian waters from the U.S. and that from the Virgin Islands, a mariner can easily reach a number of other countries.

The Coast Guard notes that the STCW Convention does not allow mariners with OUPV endorsements to serve on vessels on international voyages.

Deck Officer Endorsements

Seventy-three commenters disagree with the Coast Guard's stated intention to stop issuing original domestic endorsements for deck officers serving on vessels of not more than 500 GRT/1,200 GT. The commenters state that requiring applicants to comply with the requirements to obtain an endorsement for service on vessels of more than 1,600 GRT/3,000 GT was excessive for the smaller vessels.

The Coast Guard agrees and will continue to issue original endorsements for deck officers serving on vessels of not more than 500 GRT. However, mariners need to be aware that STCW requirements for all deck officers serving on vessels of 200 GRT/500 GT or more are the same; that is, there are no additional tonnage breakpoints. To address the breakpoint differences between the STCW endorsements and the domestic endorsements, the Coast Guard has included entry paths (both operational and management) for deck officers serving on vessels of not more than 500 GRT into the STCW endorsements for officers serving on vessels of 1,600 GRT/3000 GT.

Several of these commenters also express concern that the Coast Guard intends to do away with the endorsement for officers serving on vessels of not more than 200 GRT/500 GT.

The Coast Guard has not proposed the elimination of this endorsement, and it will be retained.

Seventeen commenters object to the proposed provisions of § 11.404, which would allow third mates with 36 months of service on self-propelled seagoing vessels to advance directly to master after completing the training, education, and assessment requirements.

This path was intended for progression under the STCW Convention; that is, when progressing from OICNW to master on seagoing ships. Since the Coast Guard's goal is to harmonize its requirements for mariners serving on seagoing ships with the STCW requirements and not impose stricter requirements on U.S. mariners, this proposed method of advancement will be retained in this SNPRM.

Five commenters note that the proposed § 11.407(a)(1) requires an applicant to hold an STCW endorsement as RFPNW as a component of the qualification standards for a deck officer endorsement. The commenters recommend deleting that provision as the qualification provisions for OICNW in STCW do not mention RFPNW.

The Coast Guard agrees and has removed the requirement that OICNW applicants must hold an endorsement as RFPNW. Mariners who hold an OICNW endorsement wishing to obtain the RFPNW endorsement will have to meet the requirements for RFPNW.

One commenter asks if there is an endorsement for OICNW for service on vessels of less than 200 GRT/500 GT engaged in ocean service.

All seagoing vessels operating beyond the boundary line are subject to the STCW Convention. Vessels of less than 200 GRT/500 GT are not subject to any further obligation under the STCW because of their special operating condition as small vessels engaged in domestic trade. Therefore, persons serving on seagoing vessels of less than 200 GRT/500 GT operating beyond the boundary line will be issued an STCW endorsement corresponding to the service and limitation of the domestic officer endorsement without any further obligation.

One commenter notes that proposed § 11.413 does not have a service requirement for chief mate of ocean and near coastal vessels of less than 1,600 GRT/3,000 GT, implying that a person could qualify for this endorsement by meeting the OICNW requirement and completing management-level training.

The Coast Guard has corrected this oversight by adding a requirement for 12 months of service as mate before advancing to chief mate.

Two commenters recommend removing certain training topics at the management level from the proposed § 11.413(b) list of training topics because the associated competencies were acquired by mariners at the operational level.

The Coast Guard recognizes that certain management competencies may have been acquired by the mariner at the operational level; therefore the Coast

Guard is changing the approach to implementing the STCW competency requirements to ensure assessment of competence is in accordance with the level of proficiency required for each level. All the lists of training topics for all STCW requirements were removed from this SNPRM. Applicants for an STCW endorsement will be required to meet the standards of competence in the STCW Code for the appropriate endorsement. The Coast Guard will accept the various methods included in the STCW Convention for meeting the standards of competence, including training, on-the-job training, in-service experience, etc. All approved training courses and programs meeting the various standards of competence must include topics in accordance with the level of proficiency required for each level.

Two commenters state the requirement in proposed § 11.412 for service as chief mate to acquire a master 1,600 GRT/3,000 GT oceans/near-coastal license should be deleted because towing vessels and many small seagoing vessels do not have a position as chief mate.

The requirements in § 11.412 were removed from this SNPRM, since the Coast Guard revised the approach to implement the STCW Convention requirements by separating the domestic requirements from the STCW requirements. This revised approach provides entry paths from domestic endorsements to STCW endorsements in order to ensure career progression. For example, a mariner with a Master Towing vessel ocean or near coastal endorsement may qualify for an STCW endorsement as chief mate on vessels of 1,600 GRT/3,000 GT or more by completing 12 months of sea service; meeting the standard of competence in Section A-II/2; and completing training in search and rescue, ARPA (if required), GMDSS (if required), and management of medical care.

Eight commenters state that §§ 11.423 and 11.424 provide a way for an individual to receive an endorsement for international voyages on vessels under 200 GRT/500 GT, but the proposed process is so lengthy, difficult, and costly to qualify for these endorsements, the provision is of limited value.

The requirements in § 11.423 and 11.424 were removed from this SNPRM since the Coast Guard revised the approach to implement the STCW Convention requirements. The revised approach includes: (1) Accepting seagoing, Great Lakes and inland service to qualify for the endorsement; (2) accepting other methods, besides training, for meeting the standard of competence; and (3) requiring some training that is necessary for the credential.

One commenter remarks there should be an endorsement for OICNW on vessels of less than 1,600 GRT/3,000 GT.

The STCW Convention does not provide for an OICNW endorsement for service on vessels of 200 GRT/500 GT or more and less than 1,600 GRT/3,000 GT. The STCW OICNW endorsement is divided between vessels of less than 200 GRT/500 GT and those above. However, the Coast Guard is providing a path for the domestic endorsements as mate, ocean or near coastal, less than 1,600 GRT/3,000 GT and for mate, ocean or near coastal, not more than 500 GRT.

One commenter notes that § 11.414 appears to offer no provision for an ocean endorsement at the operational level for limited tonnage vessels of less than 200 GRT/500 GT.

Section 11.319 in this SNPRM proposes a provision for an endorsement at the operational level for mariners serving on seagoing vessels of less than 200 GRT/500 GT.

Three commenters write that any new credentialing structure must include oceans endorsements for officer endorsements of all tonnages.

The Coast Guard agrees with the comment. This proposed rulemaking has taken this into account and provides for the credentialing for vessels of all tonnages.

One commenter states that STCW regulations require a candidate for OICNW to obtain one year of approved seagoing service as part of an approved training program. Otherwise, mariners pursuing OICNW qualification are required to obtain three years of approved seagoing service in addition to numerous required training courses for certification. The commenter recommends that the Coast Guard re-balance these requirements for OICNW for limited-tonnages. The commenter also recommends that the Coast Guard permit OICNW certification for qualified mariners who obtain 2 years of approved seagoing service in concert with the completion of a combination of in-service training, practical assessment, and approved seagoing service. The commenters believe that this type of hybrid program could achieve the necessary standards of competency and provide the KUP for the OICNW qualification.

The Coast Guard disagrees. STCW allows for two methods of qualifying for OICNW, either completion of an approved program with one year of service, or three years outside of an approved program. A hybrid program as suggested is not authorized in the STCW in relation to approved seagoing service. However, the hybrid program may be used to meet the required standard of competency.

One commenter asks if those with operational deck officer endorsements wishing to renew will be required to take management-level courses.

No. The requirement to complete management-level courses is only applicable for original endorsements at the management-level.

One commenter suggests that mariners with a master 1,600 GRT/3,000 GT near-coastal or ocean endorsement have the opportunity to progress directly to the unlimited tonnage master endorsement after completion of courses, assessments, and testing with 3 years of service, with at least half of the time on vessels of 1,500 GRT or 2,500 GT ITC.

This rulemaking has provided a path from master limited to master unlimited through evidence of completing 6 months of sea service under the authority of the limited endorsement, and any assessments, training, and/or examinations not previously completed.

Engineering Officer Endorsements

Three commenters note that, in Table A-III, Sections 1-4 of the STCW Code, there is language allowing for near-coastal limitations, but not mandating it.

The formerly proposed 10,000 HP near-coastal domestic endorsement has been removed in this SNPRM, and the Coast Guard will retain the current system of domestic engineering endorsements. The Coast Guard has added the option of restrictions if an applicant is not able to complete performance measures for steam evaporators and auxiliary/waste heat boilers since an STCW party may vary the requirements for the near-coastal KUPs for all STCW engineering endorsements.

Five commenters recommend removing geographic limitations from engineering licenses. The commenters believe that §§ 11.510 through 11.514 impose near-coastal limitations on various engineering licenses at the 10,000 HP and 4,000 HP levels.

The Coast Guard is considering this and is seeking further public comment on this issue.

Three commenters point out that STCW language requires that a candidate for OICEW must obtain 30 months of training, which includes onboard training documented in an approved training record book, but perceives that proposed § 11.950(b) does not allow for this onboard training.

As a result of the 2010 amendments to the STCW, the 30-month requirement has been eliminated to bring the deck and engine requirements in line with each other. Program approval will be based on content and must include not less than 6 months approved seagoing service in the engine department as specified in Regulation III/1 of the STCW Convention.

Three commenters note that proposed § 11.501(j)(1) provides that holders of engineer (limited) and DDE endorsements can “continue to serve under the authority of those credentials until first renewal * * *.” The commenters recommend that, in order to ensure that future readers understand what authority is being continued, the Coast Guard change those words to read as follows: “Continue to serve on those credentials with the authority that was in force under the rules in effect prior to the effective date until the * * *. ”

The Coast Guard agrees, and has amended the text in §§ 11.301 and 11.323, accordingly, in this SNPRM.

One commenter states that the training requirements to obtain a motor engineer license/endorsement should include all equipment that may be found on a vessel.

The Coast Guard disagrees and believes that this would be unnecessary and excessively burdensome. In many cases, mariners sail only on vessels without steam evaporators or waste heat/auxiliary boilers and do not have the opportunity to access this equipment. In this case, a corresponding restriction will be placed on the mariner's credential. Should a mariner wish to remove the restriction(s), he or she would be required to perform the demonstration on a vessel that carries that equipment.

One commenter seeks clarification on the three DDE horsepower levels and the waters on which they authorize service.

DDEs limited to 1,000 HP and 4,000 HP may sail only on inland and near-coastal waters. STCW endorsements are needed at either horsepower level if the endorsement holder wishes to sail near-coastal. DDE unlimited horsepower endorsement holders may sail upon any waters and require STCW endorsements for near-coastal and ocean voyages.

Twelve commenters offer various opinions on the NPRM's proposed 10,000 HP domestic engineer officer endorsement, along with suggestions for revised training and areas of competency demonstration.

The NPRM's proposed provisions for 10,000 HP credentials have been removed from this SNPRM. The main propulsion power level is included in the unlimited horsepower category. Training and sea service requirements are, therefore, the same for the unlimited path, as well as for all five of the STCW engineer officer endorsements. This SNPRM splits the engineer requirements into the § 11.300 series for STCW endorsements and into the § 11.500 series for domestic endorsements.

One commenter states that engineers holding DDE or limited tonnage endorsements would be restricted to domestic voyages.

This SNPRM provides, in parts 11 and 12, information on entry points for domestic mariners to be eligible for an STCW endorsement. Additionally, this SNPRM incorporates the changes proposed in the comprehensive review of the STCW, adopting the 2010 amendments that make the requirements for engineering qualification similar to those for deck officers. This will result in a process which does not require the 30 months of training that had been proposed in the NPRM. As a result, this will impose less burden on these engineers.

One commenter points out that an engineer on a small passenger vessel will be the sole engineer crew member on the vessel and that requiring the mariner to first sail as an RFPEW is an unreasonable burden.

It is impractical to issue an officer endorsement for any HP or tonnage level without the candidate having had some sailing experience at a lesser, non-officer capacity. Unless the small passenger vessel fleet, and other one-engineer-per-boat fleets open entry-level positions to train their future engineer officers, the only source for these officers will be either the maritime academies or those transferring from other fleets.

Four commenters remark that proposed § 15.820 would create unnecessary manning requirements for a chief engineer where none exist today and suggest adding, at the end of paragraph (a), the words “on international voyages.”

The Coast Guard has decided to retain the existing text for § 15.820 with some additional non-substantative changes. The manning requirements remain unchanged.

Two commenters do not support the Coast Guard's proposal to stop issuing STCW endorsements for DDE.

The STCW defines DDE differently than in current regulations. In the U.S., DDE means an engineer on a vessel not more than 500 GRT and is issued in three propulsion power levels: 1,000, 4,000 and any horsepower. STCW defines DDE as the person designated to perform duties in a periodically unmanned engine room. The Coast Guard does not intend to remove the three current DDE endorsements from our domestic structure. However, if a mariner holding a domestic DDE wishes to be qualified to sail on a vessel of unlimited horsepower of not more than 1,600 GRT/3,000 GT, he or she must obtain endorsements as assistant engineer-limited and chief engineer-limited.

One commenter states that the proposed language found in §§ 15.820 and 15.825, establishing that only seagoing vessels more than 200 GRT/500 GT are required to carry licensed engineers, must be retained. The commenter believes that such a requirement should not be imposed upon seagoing towing vessels of less than 200 GRT/500 GT.

The Coast Guard agrees. The proposed §§ 15.820 and 15.825 are essentially unchanged. The manning requirements likewise remain unchanged.

One commenter writes if unlicensed personnel are voluntarily assigned to stand engine room watches on seagoing towing vessels operating beyond the boundary line, § 12.530 will require them to hold RFPEW. The commenter recommends that the same tonnage limit of 200 GRT/500 GT stated in proposed §§ 15.820 and 15.825 be included.

Proposed § 12.609 contains the requirements for the RFPEW endorsement. The manning requirement for which vessels must carry such a credentialed person are found in the current regulations at § 15.1103(c).

One commenter recommends that the Coast Guard consider the DDE endorsement as equivalent to the chief engineer endorsement on towing vessels of less than 200 GRT/500 GT engaged in international voyages.

DDEs are authorized to sail as chief engineers on international voyages, but only unlimited DDEs are authorized to sail as chief engineers on international voyages (other than near-coastal), provided they hold an STCW endorsement as chief engineer.

Two commenters recommend that the Coast Guard allow credit for QMED service toward a chief engineer officer endorsement. One commenter recommends that § 11.506 be revised to allow sea service time as a QMED to be credited toward an endorsement as chief engineer for seagoing service with an STCW endorsement as chief engineer officer.

The Coast Guard disagrees. Service using a rating endorsement will not be accepted to upgrade to an officer endorsement as chief engineer or second engineer officer.

One commenter recommends existing DDEs be allowed to advance to chief engineer with appropriate service.

As indicated in Figure 11.505, this SNPRM proposes to retain the current regulations with regard to advancement to Chief Engineer. The current path allows a progression with appropriate service and testing. The DDE can act as Chief Engineer within the limitations on the license/officer endorsement. However, the other `chief engineer' endorsements are for Limited, MODU or unlimited categories. The Coast Guard welcomes comments on this new proposal; please be specific as to where cross-over points should be and what length of service is being recommended.

Two commenters recommend revising crossover points to qualify for officer endorsements for different tonnages, horsepower, and/or propulsion modes. The commenter believes that in order to provide crossover points more appropriate to the level of training and expertise engineers possess and the scope of their work, several paths should include 10,000 HP.

The proposed 10,000 HP credentials have been removed. This SNPRM retains the current engineer officer endorsement structure, as illustrated in Figure 11.505.

One commenter asks how a mariner can get an assessment for maintaining a boiler watch without being employed on a steamship.

It is possible to demonstrate steam competencies as part of an approved course or on a simulator. Not all persons are required to hold steam endorsements because a mariner may sail in any capacity by being limited to motor or gas turbine vessels only.

One commenter remarks that certain existing ratings are able to upgrade with assessment and training, but that the NPRM does not elaborate on what that training and assessment includes.

Required training and assessments are specified for each STCW endorsement in part 11, subpart C and part 12, subpart F of this SNPRM. This SNPRM also includes tables that indicate which domestic endorsements are eligible for certain STCW endorsements.

Four commenters recommend the Coast Guard raise the propulsion power threshold for first assistant engineers without an STCW endorsement because § 11.521 provides that first assistant engineers without an STCW endorsement may serve on seagoing vessels of less than 1,000 HP. One commenter recommends the Coast Guard raise this limit to at least 4,000 HP.

Once a vessel passes the boundary line, STCW regulations apply. These regulations require engineers on vessels of 750 kW/1,000 HP or more to hold STCW endorsements. Therefore, the Coast Guard cannot unilaterally raise this limit to 3,000 kW/4,000 HP. Regulation III/3 does allow for reduced requirements for chief engineers and second engineer officers on ships powered by main propulsion machinery of between 750 kW/1,000 HP and 3,000 kW/4,000 HP.

One commenter points out that Figure 11.505(a) has multiple inconsistencies with the text describing the route and service from chief engineer limited oceans and near-coastal to chief engineer, chief engineer 10,000 HP, and first assistant engineer 10,000 HP.

In this SNPRM, the Coast Guard retains the current regulations for domestic officer endorsements and has revised the figure accordingly.

One commenter asks the Coast Guard to remove management skills from the list of training topics required at the management level in § 11.511.

The Coast Guard cannot. Although the list has been removed from this SNPRM, the Coast Guard has retained the requirement to comply with the STCW standards of competence and is also proposing to retain the domestic scheme. In addition, the 2010 amendments to the STCW Convention include a new competence for “leadership and managerial skills” in Section A-III/2 of the STCW Code.

Deck Rating Endorsements

Three commenters point out that § 12.420 requires an RFPNW applicant to show 6 months of service, which can be reduced if the person has completed an approved course. The commenters note that courses are difficult to find and expensive to attend.

The Coast Guard recognizes that courses for RFPNW are difficult to find and are also costly; therefore we have revised the approach to implement the STCW Convention requirements. In the case of an RFPNW, the new approach would allow two paths: (1) a candidate may obtain six months of service (seagoing, Great Lakes and/or inland service) and meet the standard of competence through other methods, besides training (including in-service experience documented by the completion of assessments); or (2) a candidate may complete approved training that includes not less than 2 months of approved service.

Three commenters assert the NPRM is requiring all vessels to carry able seamen in proposed § 15.403(c).

The Coast Guard disagrees. The STCW Convention requires that anyone who is part of a navigational watch must hold an RFPNW endorsement. Section 15.403(c) explains that if a mariner has duties that include standing a navigational watch on a seagoing vessel, he or she must hold the proper endorsement (RFPNW).

One commenter finds that § 15.840 appears to require able seaman ratings on vessels that have never had this requirement imposed before. The commenter feels this requirement conflicts with U.S. manning and licensing standards.

The Coast Guard is not changing manning requirements. Any vessel not required to have able seamen will not be required to have them under this proposal.

One commenter requests that the Coast Guard allow for one RFPNW position to be filled by a specially trained ordinary seaman (OS) restricted to lookout duties. This will allow the OS to acquire sea service toward an RFPNW endorsement. The commenter recommends an OS have a minimum of 180 days of service to become a lookout and minimum of 365 days to become an AB/RFPNW.

All members of the navigational watch (including Specially Trained Ordinary Seamen), must be qualified as RFPNW. In addition, when a vessel's manning document allows for a Specially Trained Ordinary Seamen, it is in lieu of and not in addition to the normal complement of Able Seamen.

The Coast Guard agrees with the commenter's proposal that the OS may qualify for an RFPNW with 180 days of service. This is consistent with the STCW Convention requirements, and an applicant may obtain an able seaman-special endorsement provided within this SNPRM. One commenter recommends that the Coast Guard retain the progression path from entry level to specially trained OS/RFPNW (lookout duties only) to AB/RFPNW without restriction.

This SNPRM includes training requirements for RFPNW and for able seafarer-deck consistent with the STCW Convention provision. Seafarers serving on board vessels that proceed beyond the boundary line that serve as lookouts are required to meet the certification requirements for RFPNW. This SNPRM does not limit the attainment of the endorsement as RFPNW with no restriction to able seafarer-deck, but rather allows any mariner who demonstrates proficiency to obtain that endorsement. Seafarers serving as an able seaman on board ve

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