# Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2011-17093 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** August 1, 2011 - **Citation:** 76 FR 45908 ## Text 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2011-17093. Public record. Not legal advice.