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

Federal RegisterDec 24, 2013

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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 National Endorsements

AGENCY:

Coast Guard, DHS.

ACTION:

Final rule.

SUMMARY:

The Coast Guard issues this final rule to implement the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), as well as the Seafarers' Training, Certification and Watchkeeping Code (STCW Code), to address the comments received from the public in response to the supplemental notice of proposed rulemaking (SNPRM), and to incorporate the 2010 amendments to the STCW Convention that came into force on January 1, 2012. In addition, this final rule makes other changes not required by the STCW Convention or Code, but necessary to reorganize, clarify, and update these regulations.

DATES:

This final rule is effective March 24, 2014 except for 46 CFR part 10, subpart C, which is effective January 23, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on March 24, 2014.

ADDRESSES:

Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2004-17914 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, D.C. 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to

http://www.regulations.gov

, inserting USCG-2004-17914 in the “Keyword” box, and then clicking “Search.”

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call or email Mr. Mark C. Gould, Maritime Personnel Qualifications Division, Coast Guard; phone (202) 372-1409; email

mark.c.gould@uscg.mil

. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Executive Summary

A. Basis and purpose

B. Summary for major provisions

C. Costs and benefits

II. Abbreviations

III. Regulatory History

IV. Overview

V. Tables of Changes

VI. Discussion of Comments and Explanation of Changes

A. Summary of changes from the SNPRM

B. Public comments on the SNPRM

C. Discussion of Public Comments in Response to the Merchant Marine Personnel Advisory Committee (MERPAC) and the Merchant Mariner Medical Advisory Committee (MEDMAC) Recommendations

D. Additional Request for Comments

VII. Incorporation by Reference

VIII.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. Executive Summary

A. Basis and purpose

The United States has a well-established program for credentialing personnel serving on U.S. vessels that is governed by domestic law in United States Code, titles 5, 14, 33 and 46, and Code of Federal Regulations, title 46, subchapter B. Through these domestic statutes and regulations, the United States also implements the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended.

The STCW Convention and Code set forth minimum training and certification requirements for merchant mariners. The IMO adopted amendments to the STCW in 1995. Those amendments entered into force on February 1, 1997. The Coast Guard implemented those amendments through an interim rule revising 46 CFR subchapter B, which published on June 26, 1997 (62 FR 34505). The Convention was subsequently amended in 2002 and 2007.

In 2008, the IMO embarked on a comprehensive review of the entire STCW Convention and the STCW Code, which sets forth provisions for implementing the STCW Convention. Five meetings were held at IMO headquarters in London on the comprehensive review, at which the Coast Guard represented the U.S. and the draft 2010 amendments to the Convention were developed. The Coast Guard held public meetings prior to each one of the IMO review meetings 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 obtained input from MERPAC on developments and implementation of the requirements relating to the 2010 amendments. After completing its review, the IMO adopted these amendments on June 25, 2010, at the STCW Diplomatic Conference in Manila, Philippines. They entered into force for all ratifying countries on January 1, 2012.

The STCW Convention is not self-implementing; therefore, the United States, as a signatory to the STCW Convention, must initiate regulatory changes to ensure compliance with its treaty obligations through full implementation of the amendments to the STCW Convention and STCW Code. Accordingly, the Coast Guard is amending 46 CFR subchapter B to: Fully harmonize and incorporate the requirements for national licenses with those of the STCW Convention; to incorporate the 2010 amendments to the STCW Convention that came into force on January 1, 2012; and to make other changes not required by the STCW Convention that are necessary to reorganize, clarify, and update those regulations. A discussion of the 2010 amendments implemented in this final rule is available in the preamble of the SNPRM (76 FR 45908).

All signatories to the STCW Convention are presumed to be fulfilling their obligations under the Convention and, by publishing and implementing this final rule, the U.S. is joining the other signatories, including, but not limited to, Australia, Canada, France, Germany, Norway, Russia, Sweden, and the United Kingdom. The U.S. is also ensuring that the U.S. remains on the IMO “White List” of countries giving the Convention full and complete effect. Inclusion on this list entitles U.S.-flag vessels to equal treatment under foreign nation port state control procedures, and enables U.S. mariners to compete in the global workforce. This final rule also

ensures that U.S. mariner credentialing requirements are consistent with international standards. Additionally, the rule strengthens U.S. authority to enforce the STCW Convention and STCW Code against foreign flag vessels in U.S. waters.

Parties to the STCW Convention have port state control authority to detain vessels that do not comply with the Convention. If U.S. regulations are non-compliant with the STCW Convention and STCW Code, there is a risk that U.S. vessels will be detained in foreign ports and that U.S. mariners not in compliance with the STCW Convention would be ineligible to serve on foreign flag vessels.

Over 90 percent of ships visiting U.S. waters are foreign-flag carrying multinational crews, and are subject to STCW. Additionally, approximately 1044 U.S. documented commercial vessels operate on ocean or near coastal voyages and are subject to the provisions of STCW. Implementation and enforcement of the STCW requirements promote shipboard practices that reduce the risk of human errors that could potentially lead to an accident in U.S. waters.

B. Summary of Major Provisions

This section lists the major provisions in this final rule. Both a summary and a detailed explanation of the reasons for changes from the SNPRM can be found in Section VI of this preamble, Discussion of Comments. All of the changes below were made to the rule as proposed in the SNPRM in response to comments from the public, MERPAC, or MEDMAC.

The Coast Guard is publishing this final rule to implement amendments to the STCW Code, including the 2010 amendments, and ensure that the U.S. is meeting its obligations under the Convention. In addition, the Coast Guard is issuing this final rule to respond to the comments, feedback, and concerns received from the public in response to the SNPRM. In order to address those comments and concerns, the final rule will: Clarify transitional provisions for STCW endorsements and for the issuance of medical certificates; provide additional training topics for STCW endorsements as part of approved formal training; remove the new apprentice mate (steersman) of towing (utility), master of towing (utility) and master of towing (harbor assist) endorsements; clarify the application of security requirements; grant sea service credit towards STCW endorsements for mariners who hold a national endorsement but serve on STCW compliant vessels; provide additional means for mariners holding a domestic tankerman endorsement to qualify for STCW tankerman endorsements; clarify the course approval provisions; and include compliance with industry-wide systems, such as International Organization for Standardization (ISO) and International Safety Management (ISM), as an alternate means of compliance with the Quality Standards System (QSS) provisions.

C. Costs and Benefits

The changes between the SNPRM and this final rule do not result in additional impacts to the maritime industry except for the transitional provision that delays the implementation of the QSS requirements until January 1, 2017. This provision was included in this final rule based on the public comments received on the SNPRM and will delay the cost impact of QSS requirements to training providers. For a detailed discussion of comments, the changes, and their additional impacts, please see “Regulatory Analyses,” section VIII, of the preamble.

Table 1—Summary of Affected Population, Costs and Benefits

Category

Final rule

Affected Population

60,000 U.S. mariners

; 316 owners and operators of 1,044 U.S. flag vessels; and 141 STCW training providers.

Costs ($ millions, 7-percent discount rate)

$32.6 (annualized).

$230.3 (10-year)

Benefits

• Increase in vessel safety and a resulting decrease in the risk of shipping casualties and their consequences (fatalities, injuries, property loss and environmental damage).

• Prevention and mitigation of accidents on STCW Convention-compliant foreign vessels in U.S. waters due to increased ability of the Coast Guard to enforce requirements. See Executive Summary for additional information.

• Increase in mariners' situational awareness and situational assessment.

• Reduction of potential impacts of medical conditions on human error.

• Earlier detection and treatment of medical conditions.

• Fulfillment of U.S. obligations under the STCW Convention.

• Maintenance of U.S. status on the IMO “White List” and avoidance of detention of U.S. flagged vessels in foreign ports due to noncompliance with the STCW Convention.

• Assurance that U.S. mariners can compete in the global workforce market.

• Assurance that U.S. credentialing regulations are consistent with international performance standards based on international consensus and the IMO convention, which minimizes variation in standards of training and watchkeeping.

Includes all mariners to which STCW applies, which is limited to voyages beyond the boundary line.

II. Abbreviations

ABET Accreditation Board for Engineering and Technology

A/B Able seaman

ATB Articulated tug barge vessel

AGT Any gross tons

BRM Bridge resource management

BST Basic safety training

BT Basic training

COI Certificate of inspection

CPR Cardiopulmonary resuscitation

DDE Designated duty engineer

DE Designated examiner

DHS Department of Homeland Security

DME Designated medical examiner

DOT U.S. Department of Transportation

DP Dynamic positioning

DPO Dynamic positioning officer

ECDIS Electronic chart display and information system

EOOW Engineering officer of the watch

ERM Engineroom resource management

ETO Electro-technical officer

FR Federal Register

FSD Functional speech discrimination

FWT Fireman/Watertender

GMDSS Global maritime distress and safety system

GRT Gross register tonnage

GT Gross tonnage

HP Horsepower

HSC High-speed craft

ILO International Labour Organization

IMO International Maritime Organization

IR Interim rule

ISM International Safety Management

ISPS International Ship and Port Facility Security

ISO International Organization for Standardization

ITB Integrated tug-barge

ITC International Tonnage Convention

KUPs Knowledge, understanding, and proficiencies

MARAD U.S. Department of Transportation Maritime Administration

MERPAC Merchant Marine Personnel Advisory Committee

MMC Merchant mariner credential

MMD Merchant mariner's document

MEDMAC Merchant Mariner Medical Advisory Committee

MODU Mobile offshore drilling unit

NMC National Maritime Center

NPRM Notice of proposed rulemaking

NVIC Navigation 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

OPA 90 Oil Pollution Act of 1990

OSRV Oil spill response vessel

OSV Offshore supply vessel

PIC Person in charge

PSC Proficiency in survival craft

QA Qualified assessor

QMED Qualified member of the engine department

QSS Quality Standards System

RFPEW Rating forming part of an engineering watch

RFPNW Rating forming part of a navigational watch

Ro-Ro Roll-on/roll-off

SMCP Standard marine communication phrases

SNPRM Supplemental notice of proposed rulemaking

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

STCW Code Seafarers' Training, Certification and Watchkeeping Code

TRC Type rating certificate

TSAC Towing safety advisory committee

TOAR Towing officer assessment record

TWIC Transportation worker identification credential

U.S.C. United States Code

USCG United States Coast Guard

VSO Vessel security officer

III. Regulatory History

The Coast Guard 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 credentials issued by the U.S. met International Maritime Organization (IMO) standards, thereby reducing the possibility of U.S. vessels being detained in a foreign port for non-compliance.

In 2009, the Coast Guard proposed to update the changes made by the 1997 IR to reflect experience gained during the implementation of that rule. The Coast Guard published a notice of proposed rulemaking (NPRM) on November 17, 2009 (74 FR 59354). The NPRM sought to incorporate all effective amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) and Seafarers' Training, Certification and Watchkeeping Code (STCW Code) as of that publication date. 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 public comment period for the NPRM ended on February 17, 2010. After considering comments, feedback, and concerns received from the public in response to the NPRM, and due to the adoption of the 2010 amendments to the STCW Convention and Code, the Coast Guard recognized a need to make substantial changes to the merchant mariner credentialing program and regulations beyond those proposed in the NPRM. Because of these substantial changes, the Coast Guard recognized the necessity of developing a more comprehensive rule, and of providing additional opportunity, through a supplemental notice of proposed rulemaking (SNPRM), for the public to comment on these changes.

The Coast Guard published a notice on March 23, 2010 (75 FR 13715), announcing that we were revisiting the approach proposed in the NPRM and considering publishing an SNPRM as a next step. The notice further explained that the review of the approach was based on feedback received on the NPRM and because of the adoption of the 2010 amendments to the STCW Convention. The IMO approved the 2010 amendments at the June Diplomatic Conference, where it was agreed that all provisions of the STCW Convention, including the 2010 amendments, would enter into force by January 1, 2012.

The Coast Guard published an SNPRM on August 1, 2011 (76 FR 45908), providing 2 months for public comment. The SNPRM proposed to make changes to the implementation of the STCW Convention and Code to incorporate the 2010 amendments to the STCW Convention that came into force on January 1, 2012, and address the comments received from the public in response to the NPRM. In addition, the SNPRM proposed to make other changes not required by the STCW Convention or Code, but necessary to reorganize, clarify, and update these regulations. Four public meetings were held to receive comments on the SNPRM. These meetings were announced in the

Federal Register

on August 2, 2011 (76 FR 46217). The comments received during these four meetings are discussed in the “Discussion of Comments” section of this preamble.

On November 3, 2011, the Coast Guard publicly announced the availability of recommendations from MERPAC and the Merchant Mariner Medical Advisory Committee (MEDMAC) concerning the SNPRM and invited public comment (76 FR 68202). The 30-day public comment period closed on December 5, 2011. The comments received in response to these recommendations are also discussed in the “Discussion of Comments” section of this preamble.

On January 4, 2012, the Coast Guard published a notice of policy informing the public that the 2010 amendments to the STCW Convention entered into force for all ratifying nations on January 1, 2012 (77 FR 232). The notice also encouraged vessels operating in foreign ports to implement provisions of the 2010 amendments concerning hours of rest and security training to minimize potential port state control detentions.

IV. Overview

This final rule is intended 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 in 46 CFR subchapter B, Merchant Marine Officers and Seamen. As a result of the comments, feedback, and concerns received from the public in response to the SNPRM, the Coast Guard made changes to the proposed regulations.

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 final rule also revises other sections of 46 CFR subchapter B in order to clarify, address omissions in, and update those regulations.

V. Tables of Changes

The following table provides a crosswalk showing changes from the existing regulations to this final rule.

Current cite

Cite under final rule

Summary of changes

Subchapter B

Changes

Domestic

National

when used to describe endorsements.

The use of “domestic” to describe endorsements that are restricted to United States waters inside the STCW boundary line has been replaced by “national” to avoid confusion when discussing the domestic endorsements of other countries.

§ 10.107

N/A

Removes the definition of

Apprentice mate (steersman) of towing vessels (utility).

Endorsement has been removed from regulations.

§ 10.107

N/A

Removes definition of

Competent Person.

Moved relevant information into part 13 to ensure consistency, because “competent person” applies only to endorsements covered in that part.

§ 10.107

N/A

Removes the definition of

Limited.

Definition is not needed because it has the same meaning as in standard English language usage.

§ 10.107

N/A

Removes the definition of

Restricted.

Definition is not needed because it has the same meaning as in standard English language usage.

§ 10.107

N/A

Removes definition for

self-propelled tank vessel.

Eliminates redundancy with the definition of

tankship.

§ 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

Revises definition of

Day.

This revised definition will link the definition to the U.S. Code and provide further clarification regarding service on MODUs and cadet service on a maritime training ship within the regulations.

§ 10.107

Revises definition of

Designated Examiner (DE).

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

Revises definition of

Endorsement.

The definition was revised to clarify that all endorsements are listed in § 10.109.

§ 10.107

Revises definition of

Inland waters.

The definition was revised to allow sea service credit towards STCW on certain inland vessels.

§ 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.

Includes near-coastal waters identified by another country's Administration when entering into a treaty or an agreement with that country.

§ 10.107

Revises definition for

Qualified Assessor.

Clarifies this person's role and professional development.

§ 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.

§ 10.205

Revises postdating.

Clarifies and simplifies the postdating process. Postdating will occur unless the applicant specifies otherwise.

§ 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.

§ 10.209, 11.480

§ 10.209, 10.480

Electronic submission of required documents.

Allows course completion certificates, including radar observer, to be submitted electronically.

§ 10.215

Part 10, subpart C

Transfers 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) 2 years 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

Revises 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

Removes reference to temporary permits.

Formalizes long-standing Coast Guard practice of no longer issuing temporary permits.

§§ 10.227, 10.231

Revises renewal requirements for credentials.

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

This permits mariners to retain their previous credentials.

§ 10.303

§ 10.410

Removed Quality Standards System (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.

Includes ISM, which is an industry-wide system, as alternate means of compliance for the QSS provision.

Adds implementation date (January 1, 2017) for QSS requirements in accordance with the STCW Convention.

N/A

§ 10.107

Adds the definition of

Able-seafarer deck.

Provides consistency with the STCW Convention.

N/A

§ 10.107

Adds the definition of

Able-seafarer engine.

Provides consistency with the STCW Convention.

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 definition of

Chemical tanker.

Adds definition for the differentiation of dangerous liquids into two endorsements under STCW.

Clarifies the type of vessel on which mariners must serve to qualify for an STCW endorsement for advanced chemical tanker cargo operations.

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.

To clarify the boundaries of these types of voyages.

N/A

§ 10.107

Adds the definition of

Communicable disease.

Clarifies what a physician should look for when conducting medical examinations.

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.

The definition was revised to include voyages beginning and ending at a U.S. port and passing through the waters of another country if the U.S. has entered into a treaty or agreement with that country.

N/A

§ 10.107

Adds definition of

Dual-mode integrated tug barge (ITB).

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

N/A

§ 10.107

Adds the definition of

Electro-technical officer.

Provides consistency with the STCW Convention.

N/A

§ 10.107

Adds the definition of

Electro-technical rating.

Provides consistency with the STCW Convention.

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 the definition of

High-speed craft type rating.

Adds a definition and requirement for a high-speed craft type rating to be compliant with the high-speed craft code. This puts into regulations existing processes that had previously been completed through Navigation Vessel Inspection Circular (NVIC) and policy letter.

N/A

§ 10.107

Adds the definition of

ILO.

Establishes an abbreviation for the use of this term 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

International Safety Management Code.

This term is referenced in part 10.

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 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 definition of

Liquefied gas tanker.

Adds definition for the change in STCW tanker cargo operations endorsements.

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

Medical certificate.

To describe a new document that serves as proof that a mariner meets the required medical and physical standards.

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 definition of Officer in Charge of a Navigational Watch (

OICNW).

To clarify that this endorsement is at the operational level.

N/A

§ 10.107

Adds definition of

Oil tanker.

Adds definition for the differentiation of dangerous liquids into two STCW endorsements.

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 Convention/Code.

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.

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 definition in § 15.1101, 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 the definition of

Ship.

To provide clarity regarding the types of propulsion modes for these vessels.

N/A

§ 10.107

Adds the definition of

Training program.

To provide clarity regarding what is encompassed within training programs.

N/A

§ 10.107

Adds the definition of

Unlimited.

Clarifies the annotation on an MMC authorizing service on vessels of any tonnage or any propulsion power.

N/A

§ 10.205(h)

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

§§ 10.232, 11.401, 11.404, 11.405, and 11.406

Expands provisions granting sea service credit towards STCW endorsements to include those mariners who hold a national endorsement and provide proof of service on vessels to which STCW applies, whether on inland or coastwise service.

Service on vessels to which STCW applies, whether inland or coastwise, will be credited on a day-for-day basis.

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.

Adds a provision requiring qualified assessors who renew their qualifications to provide evidence of experience, training, or instruction within the past 5 years.

To ensure that qualified assessors are trained in proper assessment techniques and have completed an “assessor training” course as part of an accepted training program.

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 Convention/Code 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 Global Maritime Distress and Safety System (GMDSS) competency without substantive change.

Requires that all deck officers serving on vessels equipped with 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 Automatic Radar Plotting Aids (ARPA) competency without substantive change.

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, 11.302 and 11.303

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

Title changes from Basic safety training (BST) to Basic Training (BT) to be consistent with the STCW Convention.

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. General requirements (§ 11.301), Basic training (§ 11.302) and Advanced firefighting (§ 11.303).

§ 11.202(c)

§§ 11.305 to 11.321

Moves the requirement for 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 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)

§ 11.302

Moves requirements for Basic Training.

Adds requirements for BT, 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 BT.

§ 11.202(f)

§ 11.301(h) and (i)

Moves exemptions and relaxations for vessels that are not subject to any obligation under STCW.

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

Removes letters of reference requirement.

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

Adds provisions to accept certain towing vessel service, including service in inland tug-barge combinations such as ATBs and integrated tug barges (ITBs), based on the aggregate tonnage of the tug and barge(s) when greater than 1,600 GRT.

Grants credit for service on towing vessels using the aggregate tonnage on a 1-for-2 basis (2 days experience equals 1 day of creditable service) for up to 50 percent of the total service on vessels of 1,600 GRT or more.

§§ 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.

Expands list of items applicants must provide as documentary evidence of sea service.

Revises to include sea service credit for cadets serving onboard academy training ships where sea service is part of an approved training program.

Will grant

1/2

days of sea service credit for each day a cadet serves aboard an academy training ship where sea service is part of an approved training program.

§ 11.211(d)

§ 11.211(c)

Expands sea service credit on Articulated Tug Barges (ATBs).

The Coast Guard will 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

Revises to provide mariners the opportunity to use the new STCW training requirements when applying for credentials.

Provides that persons who hold or have held an STCW operational-level endorsement issued prior to the effective date of this final rule, and are seeking to upgrade to an STCW management-level endorsement, will not be required to do the assessments for STCW operational-level 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.

Revises course approvals to implement the IMO model course format and terminology.

§ 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.

§ 11.302

§ 10.407

Revises the requirements for the request for program 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

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.

Establishes a link between national and STCW deck officer 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 articulated tug barge (ATB) vessels that do not routinely perform all of the tasks in the Towing Officer Assessment Record (TOAR).

Clarifies the regulations and policy for officers on towing vessels.

§ 11.463

Re-opens 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

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.

§ 11.467

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

Clarifies limitations for assistance towing endorsements.

Clarifies and simplifies the application of the assistance towing endorsement.

§ 11.491

Raises the tonnage limitations on national Offshore Supply Vessel (OSV) endorsements.

Raises the tonnage limitation for officers with a 500 GRT limitation to 1,600 GRT.

§ 11.493

Revises language for Master (OSV).

Eliminates unnecessary language and ensures consistency with STCW Convention and Code requirements by expanding the sea service requirements for this endorsement.

§ 11.495

Revises language for Chief Mate (OSV).

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

§ 11.497

Revises language for Mate (OSV).

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

§ 11.500 et seq.

Establishes a link between national and STCW engineer officer endorsements.

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

§ 11.501(d)

Adds Gas Turbine Propulsion.

Clarifies propulsion mode limitations to engineer's licenses.

§ 11.518

Removes oceans restriction from chief engineer (limited) endorsement.

Simplifies the regulations by removing the geographical restriction.

To sail beyond the boundary line, the holder of this endorsement must hold the appropriate STCW endorsement.

§ 11.520

Removes chief engineer (limited near-coastal) endorsement.

Allows all engineers who currently hold a license as chief engineer (limited near-coastal) to be upgraded to chief engineer (limited) without further sea service or testing requirements.

§ 11.522

Removes oceans restriction from assistant engineer (limited) endorsement.

Simplifies the regulations by removing the geographical restriction.

To sail beyond the boundary line, the holder of this endorsement must hold the appropriate STCW endorsement.

§ 11.553

Revises language for Chief Engineer (OSV).

Eliminates unnecessary language and ensures consistency with STCW Convention and Code requirements by expanding the sea service requirements for this endorsement.

§ 11.555

Revises language for Assistant Engineer (OSV).

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

§ 11.709

Revises language for first-class pilot annual physical examinations.

Integrates the first-class pilot's annual physical into the biennial medical certificate system.

§ 11.811

§ 11.337

Moves requirements for Vessel Security Officer (VSO) to STCW officer endorsement requirements without substantive change.

Groups all STCW officer endorsements together.

§ 11.821

Defines the applicability of the High-speed craft type rating.

Limits the requirement to hold High-speed craft type rating to mariners operating vessels to which the High speed craft code applies.

§ 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

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.

Adds endorsements that require an examination, based on a change in policy and progression consistent with the STCW Convention (mate of near-coastal vessels of less than 200 GRT, master of near-coastal vessels of less than 100 GRT, and mate of Great Lakes and inland/river vessels of less than 200 GRT).

§ 11.910

Revises table 1 to 11.910.

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

§ 11.910

Revises table 2 to 11.910.

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

§§ 11.1001 to 11.1005

N/A

Deletes 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.

§ 11.1105

Amends requirements for officers on passenger ships when in international voyages.

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

Expands the 2010 STCW amendment changes to include training in crowd management, passenger ship safety training, crisis management and human behavior, and training in passenger safety, cargo safety, and hull integrity.

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

N/A

§ 11.301(a)

Adds alternative methods for 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(b)

Revises Great Lakes and inland service.

Grants day-for-day equivalency for Great Lakes service up to 100 percent and one- for-one up to 50 percent for inland service.

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

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(d)

Rating service for management-level endorsements.

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

This ensures consistency with the STCW Convention.

N/A

§ 11.301(g)

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

§ 11.303

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

§ 11.304

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.

Adds classroom or formal training topics required for STCW endorsements.

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

Inserts tables specifying entry paths from national 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 national 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

Provides 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.

Adds classroom or formal training topics required for STCW endorsements.

Clarifies grandfathering provisions for Electro-Technical Officer.

N/A

§ 11.335

Provides 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

§ 11.425

Adds a new section for mate of ocean, self-propelled vessels of less than 200 GRT.

Allows for the issuance of this national endorsement.

Provides a path of progression to master of oceans self-propelled vessels of less than 200 GRT, and in accordance with Regulation II/3 of the STCW Convention.

N/A

§ 11.821

Adds high-speed craft qualifications.

Establishes qualifications for operating high-speed craft.

This ensures consistency with the STCW Convention.

N/A

Subpart J

Revises subpart to add new provisions 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.

Adds implementation date (January 1, 2017) for medical certificates in accordance with STCW Convention.

§ 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.

Streamlines the regulations.

§ 12.05-1

§ 12.401

Adds able seaman endorsements.

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

This codifies Coast Guard policy into the regulations.

§ 12.05-1(a) and (b)

§ 15.401

Moves this requirement to § 15.401 without substantive change.

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 without substantive change.

Consolidates general requirements for certification.

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

§ 12.05-3(b)

§ 12.602

Moves requirements for Basic Safety Training (BST).

Title changes from BST to Basic Training (BT).

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 codifies Coast Guard 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

§ 12.407

Moves this requirement to § 12.407 from § 12.10.

Moves requirement to STCW section.

This re-organizes the regulations to make them easier to understand without substantive change.

§ 12.10-1

§ 15.401

Moves this requirement to § 15.401 without substantive change.

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 as a rating forming part of an engineering watch (RFPEW) without substantive change.

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 without substantive change.

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 without substantive change.

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 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 10 to 5.

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 to make 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; no substantive change.

§ 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 national 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 under current regulations.

N/A

§ 12.601

Adds section with general requirements applicable to STCW rating endorsements.

Adds provisions to provide mariners the opportunity to use the new STCW training requirements when applying for credentials.

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

Establishes that the mariner with an STCW endorsement must also hold the equivalent national endorsement.

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 national 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 national 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.

Includes grandfathering provisions.

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.

Includes grandfathering provisions.

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

§ 12.609(d)

Adds a new section to provide the requirements for RFPEW.

Limits RFPEW endorsement to propulsion mode if all STCW competencies are not completed.

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.

Adds classroom or formal training topics required for STCW endorsements.

Clarifies grandfathering provisions for Electro-Technical Rating.

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.

Adds the STCW transitional provisions for seafarers with designated security duties that allow existing mariners who took a course and/or can document service on board vessels to obtain an endorsement.

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.

Adds the STCW transitional provisions for security awareness that allows existing mariners who took a course and/or can document service onboard vessels to obtain an endorsement.

§ 13.120

Amends the requirements for transfers for the renewal of tankerman endorsements.

Also adds requirements for STCW certification valid for tank vessels.

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

§ 13.121

Includes tables of topics for each tanker course.

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

§ 13.127

Revises service requirements for tankerman-engineer.

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

§ 13.127

Amends sea service credit for service onboard ATBs on a case-by-case basis.

§ 13.201

§ 13.121

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

Clarifies existing requirements and makes the regulations easier to read.

§ 13.301

§ 13.121

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

Clarifies existing requirements and makes the regulations easier to read.

§ 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.

§ 13.401

Amends Tankerman-Assistant requirements.

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

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

§ 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

§ 13.121

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

Clarifies existing requirements and makes the regulations easier to read.

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 requirements for an STCW endorsement as advanced oil tanker cargo operations.

Allows mariners serving on tank barges as tankerman-PIC (barge) to qualify for this STCW endorsement with a limitation to non-self-propelled vessels.

Allows engineer officers serving as tankerman engineer to qualify for this STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment.

Adds the effective date for new mariners to obtain original STCW tanker endorsements of March 24, 2014, in accordance with the provisions of the 2010 amendments.

This ensures consistency with the STCW Convention.

N/A

§ 13.605

Adds requirements for an STCW endorsement as advanced chemical tanker cargo operations.

Allows mariners serving on tank barges as tankerman-PIC (barge) to qualify for this STCW endorsement with a limitation to non-self-propelled vessels.

Allows engineer officers serving as tankerman engineer to qualify for this STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment.

Adds the effective date for new mariners to obtain original STCW tanker endorsements of March 24, 2014, in accordance with the provisions of the 2010 amendments.

This ensures consistency with the STCW Convention.

N/A

§ 13.607

Adds requirements for an STCW endorsement as advanced liquefied gas tanker cargo operations.

Allows mariners serving on tank barges as tankerman-PIC (barge) to qualify for this STCW endorsement with a limitation to non-self-propelled vessels.

Allows engineer officers serving as tankerman engineer to qualify for this STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment.

Adds the effective date for new mariners to obtain original STCW tanker endorsements of March 24, 2014, in accordance with the provisions of the 2010 amendments.

This ensures consistency with the STCW Convention.

N/A

§ 13.609

Adds requirements for an STCW endorsement as basic oil and chemical tanker cargo operations.

Adds the effective date for new mariners to obtain original STCW tanker endorsements of March 24, 2014, in accordance with the provisions of the 2010 amendments.

This ensures consistency with the STCW Convention.

N/A

§ 13.611

Adds section to include requirements for an STCW endorsement as basic liquefied gas tanker cargo operations.

Adds the effective date for new mariners to obtain original STCW tanker endorsements of March 24, 2014, in accordance with the provisions of the 2010 amendments.

§ 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 will 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.

Adds pilot vessels on pilotage duty to the list of vessels not subject to STCW.

This ensures consistency with the STCW Convention.

§ 15.515

Clarifies the requirement regarding passenger vessels.

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

§ 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, 15.810, 15.820, 15.825, 15.840, 15.845, 15.850, and 15.860

Adds provisions requiring mariners who serve on vessels subject to STCW to also hold an STCW endorsement appropriate to the tonnage/propulsion power for the vessel upon which he or she is operating.

§ 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

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.

§ 15.915

Removes chief engineer (limited near-coastal) endorsement.

Allows all engineers who currently hold a license as chief engineer (limited near-coastal) to be upgraded to chief engineer (limited) 1,600 GRT without further sea service or testing requirements.

§ 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.

Complies with STCW requirements and makes the regulations easier to read.

§ 15.1103

Adds requirement for medical certificate as a condition of employment.

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

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.

Adds provisions requiring mariners who serve as able seafarer-deck or able seafarer-engine on vessels subject to STCW to also hold an STCW endorsement appropriate to the tonnage/propulsion power for the vessel upon which he or she is operating.

Adds implementation date (January 1, 2017) for medical certificates and for endorsements as able seafarer-deck and able seafarer-engine in accordance with the STCW Convention.

This ensures consistency with the STCW Convention.

§ 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.

Revises provision regarding records of daily hours of rest for mariners so that mariners must receive a copy of the records pertaining to them.

This ensures consistency with the STCW Convention.

§ 15.1113

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

This requirement has already been implemented with regards to VSOs.

This ensures consistency with the STCW Convention.

§ 15.1113

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

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

This ensures consistency with the STCW Convention.

§ 15.1113

Adds requirements for contractors to receive security familiarization and that records be maintained onboard.

This ensures consistency with the STCW Convention.

§ 15.1113

Adds implementation date for security personnel to effective date of final rule.

Clarifies the progression for security-related training from “security awareness” as the lowest level of training, to “vessel personnel with designated security duties” as the next-higher level of training, to “vessel security officer” as the highest level of training.

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.

N/A

§ 15.865

Adds manning provision for qualified member of the engine department (QMED).

Explains that QMEDs are required and covered under these manning requirements

This ensures consistency with the STCW Convention.

The following table provides a crosswalk showing changes from the SNPRM to this final rule.

Cite

Summary of changes

Subchapter B

Tonnage limitation format for endorsements has been returned to the current format.

The tonnage limit format that was proposed in the SNPRM created limitations that were not consistent with vessel documented tonnages.

Subchapter B

Changes

domestic

national

when used to describe endorsements.

The use of “domestic” to describe endorsements that are restricted to United States waters inside the STCW boundary line has been replaced by “national” for greater clarity when discussing the domestic endorsements of other countries.

An MMC endorsement will not use either the word domestic or national.

§ 10.107

Adds the definition of

able-seafarer deck.

Provides consistency with the STCW Convention.

§ 10.107

Adds the definition of

able-seafarer engine.

Provides consistency with the STCW Convention.

§ 10.107

Removes the definition of

apprentice mate (steersman) of towing vessels (utility).

Endorsement has been removed from regulations.

§ 10.107

Adds definition of

chemical tanker.

Adds definition for the differentiation of dangerous liquids into two endorsements under STCW.

Clarifies the type of vessel on which mariners must serve to qualify for an STCW endorsement for advanced chemical tanker cargo operations.

§ 10.107

Adds the definition of

communicable disease.

Clarifies what a physician should look for when conducting medical examinations.

§ 10.107

Revises definition of

day.

Adds clarification on cadet service on a maritime training ship.

§ 10.107

Revises definition of

disabled vessel.

The definition was revised to provide greater clarity regarding the scope of the assistance towing endorsement.

§ 10.107

Changes definition of

domestic officer endorsement

national officer endorsement.

This change has been made throughout subchapter B.

§ 10.107

Changes definition of

domestic rating endorsement

national rating endorsement.

This change has been made throughout subchapter B.

§ 10.107

Revises definition of

domestic voyage.

§ 10.107

Adds the definition of

electro-technical officer.

Provides consistency with the STCW Convention.

§ 10.107

Adds the definition of

electro-technical rating.

Provides consistency with the STCW Convention.

§ 10.107

Revises definition of

Endorsement.

The definition was revised to clarify that all endorsements are listed in § 10.109.

§ 10.107

Adds the definition of

high-speed craft type rating.

§ 10.107

Adds the definition of

International Labor Organization.

This will provide clarification regarding information incorporated by reference.

§ 10.107

Adds the definition of

International Safety Management Code.

This term is referenced in part 10.

§ 10.107

Revises definition of

inland waters.

The definition was revised to allow sea service credit towards STCW on certain inland vessels.

§ 10.107

Removes the definition of

limited.

Definition is not needed because it has the same meaning as in standard English language usage.

§ 10.107

Adds definition of

liquefied gas tanker.

Adds definition for the change in STCW tanker cargo operations endorsements.

§ 10.107

Adds definition of

medical certificate.

To describe a new document that serves as proof that a mariner meets the required medical and physical standards.

§ 10.107

Revises definition for

near-coastal.

Includes near-coastal waters identified by another country's Administration when entering into a treaty or an agreement with that country.

§ 10.107

Adds definition of

oil tanker.

Adds definition for the differentiation of dangerous liquids into two STCW endorsements.

§ 10.107

Revises definition for

qualified assessor.

Clarifies this person's role and professional development.

§ 10.107

Removes the definition of

restricted.

Definition is not needed because it has the same meaning as in standard English language usage.

§ 10.107

Revises definition of

seagoing vessel.

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

§ 10.107

Revises the definition of

self-propelled.

Reverts back to existing language regarding self-propelled vessels that are fitted with both sails and mechanical propulsion.

§ 10.107

Removes definition for

self-propelled tank vessel.

Eliminates redundancy with the definition of

tankship.

§ 10.107

Revises the definition of

ship.

To provide clarity regarding the types of propulsion modes for these vessels.

§ 10.107

Adds the definition of

unlimited.

Clarifies the annotation on an MMC authorizing service on vessels of any tonnage or any propulsion power.

§ 10.205

Revises postdating.

Clarifies and simplifies the postdating process. Postdating will occur unless the applicant specifies otherwise.

§§ 10.209, 10.480

Electronic submission of required documents.

Allows course completion certificates, including radar observer, to be submitted electronically.

§ 10.219

Removes proposed amendments in the SNPRM that limited user fee payment options to credit card or electronic payment only. This change gives mariners the ability to pay by cash, by attaching a check or money order to their application package, or by electronic means.

§ 10.301

Revises medical certificate validity period.

Adds issuance of the new medical certificates with the following period of validity: 2 years for a mariner who is serving as a first-class pilot, or acting as a pilot under § 15.812.

§ 10.232

Revises to include sea service credit for cadets serving onboard academy training ships where sea service is part of an approved training program.

Will grant 1

1/2

days of sea service credit for each day a cadet serves aboard an academy training ship where sea service is part of an approved training program.

Expands list of items applicants must provide as documentary evidence of sea service.

§§ 10.232, 11.401, 11.404, 11.405, and 11.406

Service on vessels to which STCW applies, whether inland or coastwise, will be credited on a day-for-day basis.

§ 10.402

Revises course approvals to implement the International Maritime Organization model course format and terminology.

§ 10.405

Adds a provision requiring qualified assessors who renew their qualifications to provide evidence of experience, training, or instruction within the past 5 years.

Ensures that qualified assessors are trained in proper assessment techniques and have completed an “assessor training” course as part of an accepted training program.

§ 10.407

Revises the requirements for the request for program approval.

§ 10.410

Adds a new paragraph (g) to include International Safety Management, which is an industry-wide system, as alternate means of compliance for the Quality Standards System (QSS) provision.

Adds implementation date (January 1, 2017) for QSS requirements in accordance with the STCW Convention.

§ 11.211

Revises to accept certain towing vessel service, including service in inland tug-barge combinations such as articulated tug barges (ATBs) and integrated tug barges (ITBs), based on the aggregate tonnage of the tug and barge(s) when greater than 1,600 GRT.

§ 11.301

Revises to provide mariners the opportunity to use the new STCW training requirements when applying for credentials.

§ 11.301

Separates Basic Safety Training and Advanced Firefighting requirements from the general section (§ 11.301) into new sections (§§ 11.302 and 11.303, respectively).

Title changes from Basic Safety training (BST) to Basic Training (BT).

§ 11.304

Moves the list of STCW deck officer endorsements from § 11.303.

§§ 11.305 to 11.321; §§ 11.325 to 11.335

Increased the number of classroom or formal training topics required for STCW endorsements.

§ 11.335

Adds to the number of classroom or formal training topics required for STCW endorsements.

Clarifies grandfathering provisions for Electro-Technical Officer.

§ 11.337

Moves requirements for Vessel Security Officer from § 11.811 to STCW officer endorsement requirements.

Groups all STCW officer endorsements together.

§ 11.425

Adds endorsement for mate of ocean self-propelled vessels of less than 200 GRT.

Allows for the issuance of this national endorsement.

Provides a path of progression to master of oceans self-propelled vessels of less than 200 GRT, and in accordance with Regulation II/3 of the STCW Convention.

§ 11.465

Removes SNPRM proposal for endorsement for master of towing vessels (harbor assist), and removes endorsement for master of towing vessel (utility).

Coast Guard is currently considering moving these issues to another rulemaking or seeking additional input from the Towing Safety Advisory Committee (TSAC), which would give the public additional time to comment on this matter.

§ 11.466

Removes SNPRM proposal for endorsement as apprentice mate (steersman) of towing vessels (utility).

Coast Guard is currently considering moving this issue to another rulemaking or seeking additional input from the TSAC, which would give the public additional time to comment on this matter.

§ 11.491

Raises the tonnage limitations on national Offshore Supply Vessel endorsements.

Raises the tonnage limitation for officers with a 500 GRT limitation to 1,600 GRT.

§ 11.493

Revises language for Master (OSV).

Expands the sea service requirements for this endorsement.

§ 11.495

Revises language for Chief Mate (OSV).

Expands the sea service requirements for this endorsement.

§ 11.497

Revises language for Mate (OSV).

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

Expands the sea service requirements for this endorsement.

§ 11.518

Removes oceans restriction from chief engineer (limited) endorsement.

Simplifies the regulations by removing the geographical restriction.

To sail beyond the boundary line, the holder of this endorsement must hold the appropriate STCW endorsement.

§ 11.520

Removes chief engineer (limited near-coastal) endorsement.

Allows all engineers who currently hold a license as chief engineer (limited near-coastal) to be upgraded to chief engineer (limited) without further sea service or testing requirements.

§ 11.522

Removes oceans restriction from assistant engineer (limited) endorsement.

Simplifies the regulations by removing the geographical restriction.

To sail beyond the boundary line, the holder of this endorsement must hold the appropriate STCW endorsement.

§ 11.553

Revises language for Chief Engineer (OSV).

Expands the sea service requirements for this endorsement.

§ 11.555

Revises language for Assistant Engineer (OSV).

Expands the sea service requirements for this endorsement.

§ 11.709

Revises language for first-class pilot annual physical examinations.

Integrates the first-class pilot's annual physical into the biennial medical certificate system.

§ 11.821

Defines the applicability of the High-speed craft type rating.

Limits the requirement to hold High-speed craft type rating to mariners operating vessels to which the High-speed craft code applies.

§ 11.903

Revises the list of endorsements requiring examination.

Adds endorsements (that were removed in the SNPRM) that require an examination, based on a change in policy and progression consistent with the STCW Convention (offshore installation manager, barge supervisor, ballast control operator, chief engineer (MODU), assistant engineer (MODU).

§ 11.1105

§ 12.601

Separates Basic Safety Training from the general section (§ 12.601) into a new section (§ 12.602).

Title changes from Basic Safety training to Basic Training.

§ 12.601

Establishes that the mariner with an STCW endorsement must also hold the equivalent national endorsement.

§ 12.601

Revises to provide mariners the opportunity to use the new STCW training requirements when applying for credentials.

§ 12.603

Includes grandfathering provisions that will be accepted for STCW rating endorsement as able seafarer-deck.

This ensures consistency with the STCW Convention.

§ 12.607

Includes grandfathering provisions that will be accepted for STCW rating endorsement as able seafarer-engine.

Includes all domestic Qualified Member of the Engine Department endorsements that will be eligible for the STCW endorsement as able seafarer-engine.

Provides an alternate path with a reduced sea service requirement to the able seafarer-engine endorsement that will facilitate the transition from domestic to STCW endorsements.

This ensures consistency with the STCW Convention.

§ 12.611

Adds to the number of classroom or formal training topics required for STCW endorsements.

Clarifies grandfathering provisions for Electro-Technical Rating.

§ 12.625

Revises to include the STCW transitional provisions for seafarers with designated security duties that allow existing mariners who took a course and/or can document service on board vessels to obtain an endorsement.

§ 12.627

Revises to include the STCW transitional provisions for security awareness that allows existing mariners who took a course and/or can document service onboard vessels to obtain an endorsement.

§ 13.127

Amends sea service credit for service onboard ATBs on a case-by-case basis.

§ 13.603

Revises to include only requirements for an STCW endorsement as advanced oil tanker cargo operations. This endorsement was combined with advanced chemical tanker cargo operations in the SNPRM and is now located in § 13.605.

Allows mariners serving on tank barges as tankerman-PIC (barge) to qualify for this STCW endorsement with a limitation to non-self-propelled vessels.

Allows engineer officers serving as tankerman engineer to qualify for this STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment.

Revises the effective date for new mariners to obtain original STCW tanker endorsements from January 1, 2017, to March 24, 2014, in accordance with the provisions of the 2010 amendments.

§ 13.605

Revises to include only requirements for an STCW endorsement as advanced chemical tanker cargo operations.

Allows mariners serving on tank barges as tankerman-PIC (barge) to qualify for this STCW endorsement with a limitation to non-self-propelled vessels.

Allows engineer officers serving as tankerman engineer to qualify for this STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment.

Revises the effective date for new mariners to obtain original STCW tanker endorsements from January 1, 2017, to March 24, 2014, in accordance with the provisions of the 2010 amendments.

§ 13.607

Revises to include only requirements for an STCW endorsement as advanced liquefied gas tanker cargo operations.

Allows mariners serving on tank barges as tankerman-PIC (barge) to qualify for this STCW endorsement with a limitation to non-self-propelled vessels.

Allows engineer officers serving as tankerman engineer to qualify for this STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment.

Revises the effective date for new mariners to obtain original STCW tanker endorsements from January 1, 2017, to March 24, 2014, in accordance with the provisions of the 2010 amendments.

§ 13.609

Revises to include only requirements for an STCW endorsement as basic oil and chemical tanker cargo operations.

Revises the effective date for new mariners to obtain original STCW tanker endorsements from January 1, 2017, to March 24, 2014, in accordance with the provisions of the 2010 amendments.

§ 13.611

Adds section to include requirements for an STCW endorsement as basic liquefied gas tanker cargo operations.

Adds the effective date for new mariners to obtain original STCW tanker endorsements from January 1, 2017, to March 24, 2014, in accordance with the provisions of the 2010 amendments.

§§ 15.105, 15.403, 15.1101

Adds pilot vessels on pilotage duty to the list of vessels not subject to STCW. Pilots are exempt from STCW requirements.

§ 15.401

Adds implementation date (January 1, 2017) for medical certificates in accordance with STCW Convention.

§§ 15.805, 15.810, 15.820, 15.825, 15.840, 15.845, 15.850, and 15.860

Includes provisions requiring mariners who serve on vessels subject to STCW to also hold an STCW endorsement appropriate to the tonnage/propulsion power for the vessel upon which he or she is operating.

§ 15.865

Adds manning provision for qualified member of the engine department (QMED).

Explains that QMEDs are required and covered under these manning requirements

This ensures consistency with the STCW Convention.

§ 15.915

Removes chief engineer (limited near-coastal) endorsement.

Allows all engineers who currently hold a license as chief engineer (limited near-coastal) to be upgraded to chief engineer (limited) 1,600 GRT without further sea service or testing requirements.

§ 15.1103

Includes provisions requiring mariners who serve as able seafarer-deck or able seafarer-engine on vessels subject to STCW to also hold an STCW endorsement appropriate to the tonnage/propulsion power for the vessel upon which he or she is operating.

Adds implementation date (January 1, 2017) for medical certificates and for endorsements as able seafarer-deck and able seafarer-engine in accordance with the STCW Convention.

§ 15.1111

Revises provision regarding records of daily hours of rest for mariners so that mariners must receive a copy of the records pertaining to them.

§ 15.1113

Adds requirements for contractors to receive security familiarization and that records be maintained onboard.

Revises implementation date for security personnel to the effective date of this final rule.

This ensures consistency with the STCW Convention.

VI. Discussion of Comments and Explanation of Changes

In this section, we discuss comments on the SNPRM and changes made in response to them. The section consists of four subsections, the first of which contains a summary of the changes made from the SNPRM. Subsection B follows with a more in-depth discussion of comments and recommendations received from the public, MERPAC, and MEDMAC, together with associated changes. MERPAC and MEDMAC recommendations are discussed in separate groups that appear at the end of the subsection. Subsection C contains a discussion of public comments in response to the MERPAC and the MEDMAC recommendations. The Coast Guard announced the availability of those recommendations in a notice published in the

Federal Register

on November 3, 2011 (76 FR 68202). Subsection D, entitled “Additional Request for Comments”, contains a discussion of public comments solicited by the Coast Guard on six specific issues in the SNPRM (76 FR 45909).

A. Summary of Changes From the SNPRM

The following list provides a brief description of the major provisions in this final rule, including changes to the provisions proposed in the SNPRM. A detailed explanation of the reasons for these and other changes can be found in subsection B of this section, Public comments on the SNPRM. All of the changes to the SNPRM described in the summary below were made in response to comments from the public, MERPAC, or MEDMAC.

1. Medical

The Coast Guard is changing the validity period of a medical certificate issued to a mariner who is serving as a first-class pilot from 1 year, as proposed in the SNPRM, to a maximum period of 2 years. The Coast Guard is making this change in response to comments from the public, MEDMAC, and MERPAC. The comments raised concerns that the Coast Guard would not be able conduct medical evaluations and issue medical endorsements in a reasonable amount of time with a 1-year validity period. Aligning the validity period of a medical certificate issued to a first-class pilot with the validity period of STCW medical certificates will help to minimize the numbers of mariners who will require more frequent medical evaluation. This change should decrease the workload on the medical evaluation staff and help to reduce the possibility of unreasonable time delays. The requirement for pilots to obtain annual physical examinations remains unchanged.

Additionally, the Coast Guard received comments requesting clear direction on implementation of the 2-year medical certificate. The 2010 STCW amendments require that issuance of medical certificates with 2-year validity periods be fully implemented by January 1, 2017. Accordingly, the Coast Guard is including that implementation date in this final rule. To facilitate implementation, the Coast Guard will start issuing 2-year medical certificates 30 days after the publication of this final rule.

2. STCW Training

The Coast Guard received comments opposing the increase in on-the-job training permitted as an alternative to current implementing policy on classroom training. Commenters cited many reasons, including concerns that the proposed increase would result in degradation of the competence and proficiency of U.S. mariners. Commenters also worried that the proposed increase might not be practical because many vessels are currently minimally manned, and personnel may not have time to provide more on-the-job training.

The Coast Guard recognizes that the STCW Convention is competence-based and not training-based. For this reason, each administration bears the responsibility of establishing the appropriate combination of training and experience necessary to achieve the necessary level of competence, and to establish when and how training must be accomplished.

The Coast Guard agrees that a more appropriate balance between on-the-job training and formal training is required. Accordingly, the Coast Guard increased the number of classroom or formal training topics required for STCW endorsements in this final rule. These additional training topics were part of the extensive list of topics proposed in the NPRM, which were omitted from the SNPRM in response to comments requesting greater opportunities for on-the-job training. This final rule strikes

an appropriate balance between the two proposals. This increase in the number of classroom or formal training topics does not change the overall cost estimates presented in the regulatory analyses because those cost estimates reflect the costs if all of the training were formal or classroom training.

Parts 11 and 12 of 46 CFR are amended to include a combination of training and in-service requirements and assessments, to provide mariners with flexibility, and ensure that seafarers achieve the level of competence required for STCW endorsements. This final rule generally increases required classroom training compared to the SNPRM, but the overall amount of training of all kinds has not changed. At the same time, this rulemaking increases flexibility compared to the SNPRM by providing for the use of onboard training programs, approved individual company training programs, approved workshop skills training, approved laboratory training, and where appropriate, approved simulator training. We also added an opportunity for a candidate to complete an approved program by taking individual courses offered by different providers. This change also addresses the concerns that shipboard factors, including reduced manning, higher mariner workload, and mariner fatigue issues, could make it a challenge for seafarers onboard vessels to train others.

3. Utility and Harbor Assist Towing

The Coast Guard is not including the endorsements for apprentice mate (steersman) of towing (utility), master of towing (utility), and master of towing (harbor assist) that were proposed in the SNPRM. Public comment raised sufficient concerns with these provisions, as discussed below in “Discussion of Public Comments,” that the Coast Guard wants to seek additional comment from the industry. We are currently considering moving the issue to another rulemaking or seeking additional input from the Towing Safety Advisory Committee (TSAC), which would give the public additional time to comment on this matter.

4. Transitional Provisions

Unless specified otherwise, STCW provisions in this final rule will be phased in beginning on the effective date of this final rule with full compliance required by January 1, 2017.

Additionally, unless specified otherwise, national endorsement provisions in this final rule will be phased in beginning on the effective date of this final rule. Individuals seeking an original credential or raise-of-grade to an existing credential during this period, who began training or service before the effective date of this final rule, need only meet the requirements in place when they began training or service. Those individuals who start training or service on or after the effective date of this final rule must meet all provisions described in this final rule. Changes in terminology on national endorsements will be made at the first renewal or raise-of-grade following the effective date of this final rule.

Other transitional provisions for STCW and national endorsement provisions are discussed below in the applicable sections of this summary.

5. Chief Engineer (limited near-coastal)

The Coast Guard is removing the endorsement for chief engineer (limited near-coastal) currently found in § 11.520. We have also removed the word “oceans” from the remaining chief engineer (limited) and assistant engineer (limited) titles in response to recommendations from the public and MERPAC that all engineers who currently hold a license as chief engineer (limited near-coastal) should be upgraded to chief engineer (limited) without further testing requirements.

New applicants for chief engineer (limited) are required to provide proof of 2 years of sea service in accordance with § 11.518 and take the appropriate examination. Further, we are keeping the 2-year sea service requirement to upgrade from assistant engineer (limited) to chief engineer (limited). Since the written examination for both chief engineer (limited) categories are identical, those mariners going from chief engineer (limited near-coastal) to chief engineer (limited) will not be required to take an examination. However, a chief engineer (limited near-coastal) upgrading to chief engineer (limited) must present at least 1 year of sea service either as chief engineer (limited near-coastal), or in combination with assistant engineer (limited). Current mariners who hold a chief engineer (limited near-coastal) credential may continue to renew that credential.

6. Articulated Tug Barges (ATBs)

The Coast Guard is making changes in accepting certain towing vessel service, including service in inland tug-barge combinations such as ATBs and integrated tug barges (ITBs), based on the aggregate tonnage of the tug and barge(s) when greater than 1,600 GRT. We made this change in response to comments from the public and MERPAC, who recommended that the Coast Guard reconsider its position of not granting service credit on ATBs toward an STCW endorsement without limitation, and adopt a regulation or policy whereby inland tug-barge combinations are accepted in computing license tonnage ratings as they presently are for ITB and ATB service.

This change will facilitate the towing industry's need for career paths to retain highly-skilled personnel. This service will be accepted only when properly documented by the towing company.

7. STCW Applicability

The Coast Guard is exempting pilot vessels engaged on pilotage duty from STCW requirements. The Coast Guard made this change in response to comments from the public and MERPAC, who recommended that the Coast Guard interpret the STCW Convention to regard pilot vessels as not being seagoing ships because they operate “in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply” in accordance with Article II of the STCW Convention.

We agree that pilot vessels should not be considered seagoing vessels, and that persons serving aboard them while engaged in pilotage duty are exempt from application of the STCW Convention. This position is consistent with the U.S. interpretation of the STCW Convention, and stating it explicitly in regulations clarifies the proper treatment of such vessels and personnel for mariners and marine inspectors.

8. Able Seafarer-Deck and Able Seafarer-Engine

The Coast Guard is clarifying the STCW transitional provisions for able seafarer-deck and able seafarer-engine endorsements by adding grandfathering provisions and deadlines for compliance. We made this change in response to comments from the public and MERPAC, who recommended that the Coast Guard set an effective date for compliance with those endorsement requirements that afford affected mariners and the National Maritime Center (NMC) enough time to process the necessary applications. This change will help facilitate an orderly transition to full compliance with the new requirements of the 2010 amendments by January 1, 2017.

9. STCW Assessments of Competence

The Coast Guard is changing the STCW endorsement requirements in §§ 11.301 and 12.601, which will

provide mariners the opportunity to use the new STCW training requirements when applying for credentials. The Coast Guard made these changes in response to comments from the public requesting that onboard and on-the-job training remain available as an option to demonstrate proficiency for the credentialing of mariners.

In addition, the Coast Guard is adding a new paragraph, § 11.301(g)(4), providing that persons who hold or have held an STCW operational-level endorsement issued prior to the effective date of this final rule, and are seeking to upgrade to an STCW management-level endorsement, will not be required to do the assessments for STCW operational-level endorsements. The Coast Guard made this change in response to commenters who were concerned that the SNPRM would require applicants for management-level STCW endorsements who hold domestic management-level endorsements to provide evidence of operational-level training and assessments. The Coast Guard agrees that these mariners should not be required to do assessments for STCW operational-level endorsements because they will be deemed to have completed these assessments under the STCW Convention.

10. Sea Service Credit for Mariners Holding National Endorsements on STCW Vessels

The Coast Guard is further expanding provisions granting sea service credit towards STCW endorsements to include those mariners who hold a national endorsement and provide proof of service on vessels to which STCW applies, whether on inland or coastwise service. We made this change in response to comments from the public and MERPAC, who recommended that mariners serving on vessels to which STCW applies, and that engage in coastwise voyages and inland waters, should be granted day-for-day service credit.

This change is applicable to vessels operating on the Inside Passage between Puget Sound and Cape Spencer, Alaska. Service on vessels to which STCW applies, whether inland or coastwise, will be credited on a day-for-day basis.

11. STCW Tanker Endorsements

The Coast Guard is including provisions to allow mariners serving on tank barges to qualify for an STCW endorsement with a limitation to non-self-propelled vessels. The Coast Guard made this change in response to comments from the public and MERPAC, who requested that mariners who hold an endorsement as tankerman-PIC (barge) be allowed to qualify for an STCW endorsement for advanced oil tanker cargo operations, advanced chemical tanker cargo operations, or advanced liquefied gas tanker cargo operations.

This change is necessary because these barges operate beyond the boundary line and are, consequently, subject to the STCW Code and Convention. Mariners serving on them must hold STCW endorsements, and this change will allow mariners who hold an endorsement as tankerman-PIC (barge) to qualify for an STCW endorsement for advanced oil tanker cargo operations, advanced chemical tanker cargo operations, or advanced liquefied gas tanker cargo operations provided that they meet the appropriate sea service requirements and the standards of competence of the STCW Code.

The Coast Guard is also including provisions to allow engineer officers to qualify for an STCW endorsement for certain tanker operations with a limitation to maintenance and repair of cargo equipment. The Coast Guard made this change in response to comments from the public and MERPAC, who requested that mariners who hold a national endorsement as tankerman-engineer be allowed to qualify for an STCW endorsement for advanced oil tanker cargo operations, advanced chemical tanker cargo operations, or advanced liquefied gas tanker cargo operations. The limitation to maintenance and repair of cargo equipment is necessary because it aligns with the duties of a national tankerman-engineer endorsement.

Engineers serving onboard tank vessels subject to STCW are required to hold a tankerman endorsement. This change will allow engineer officers serving on such vessels, who hold or qualify for a national tankerman-engineer endorsement, to qualify for an STCW endorsement for advanced oil tanker cargo operations, advanced chemical tanker cargo operations, or advanced liquefied gas tanker cargo operations without having to complete the onboard assessment requirements for tankerman-PIC.

In addition, the Coast Guard will accept service onboard some ATBs toward the national and STCW tankerman endorsements, provided the ATB equipment is equivalent to comparable tankship equipment. The Coast Guard made this change in response to comments from the public and MERPAC, who requested that mariners receive credit for service onboard ATBs, taking into account that new ATBs have cargo-handling equipment identical to the equipment on tankships. This change is necessary to ensure career paths remain available and to facilitate the use of new ATBs as qualifying platforms for tankerman endorsements.

The Coast Guard is amending applicable sections in 46 CFR part 13 to correct the date by which mariners must meet the new STCW requirements to obtain original tanker endorsements from January 1, 2017, to the effective date of this final rule, in accordance with the provisions of the STCW 2010 amendments. After the effective date of this final rule, all seafarers applying for an original tankerman endorsement must meet those requirements. These corrections are necessary to maintain consistency with 46 CFR parts 11 and 12, and we made them in response to comments requesting clarification of effective dates.

12. Offshore Supply Vessel (OSV) Endorsements

The Coast Guard is making changes to the national OSV endorsements for both deck and engineer officers in response to comments from the public objecting to inconsistencies between national and STCW endorsements. We are changing the OSV endorsements for both deck and engineer officers by separating the national and STCW credentials to ensure consistency with other requirements. The exemption from meeting the STCW requirements in the existing regulations remains unchanged. Additional changes to national OSV endorsements include: (1) Revisions to sea service requirements for OSV endorsements to make those requirements comparable to other credentials; (2) the option to complete an approved course for a mate or assistant engineer to meet the sea service requirements; and (3) the progression from vessels less than 1,600 GRT/3,000 GT to more than 1,600 GRT/3,000 GT for chief mate and master.

The change described in (3) above addresses Section 617 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281) and its removal of the 500 GRT tonnage limits on OSVs. These amendments will ensure that mariners with existing licenses or MMCs can progress to higher credentials.

13. Security

The Coast Guard is making changes to the security requirements in parts 12 and 15 in response to comments expressing concern that the SNPRM did not include all of the requirements and different means of compliance, commonly referred to as “flexibilities”,

contained in the Convention. The Coast Guard agrees. Based on comments to the SNPRM, the Coast Guard included additional security provisions in this rulemaking, which are described below, to better facilitate an orderly transition.

In addition, after the development of the SNPRM, the IMO published Circular STCW.7/Circ.17 in June 2011, advising administrations and port state control authorities that mariners may comply with section 13 of the International Ship and Port Facility Security (ISPS) Code instead of Regulation VI/6 of the STCW Convention until January 1, 2014. The Coast Guard has added a provision in this final rule consistent with the circular, but amended the date to the effective date of this final rule, to facilitate mariner compliance with the new requirements.

The Coast Guard is making changes to the security provisions in part 15 to clarify that all contractors, whether part-time, full-time, temporary, or permanent are required to have knowledge of the security topics listed in 33 CFR 104.225, either through training or equivalent job experience. The Coast Guard is making this change in response to comments from the public and MERPAC indicating a potential for misinterpreting this requirement as not covering contractors or passenger vessels. The 2010 amendments to the STCW Convention (Section A-VI/6) require that all persons employed or engaged on a seagoing ship receive security familiarization. The term “all persons” includes seafarers and other personnel, including contractors, whether part-time, full-time, temporary, or permanent.

In addition, the Coast Guard is making changes to the security application requirements in order to clarify that Regulations VI/5 and VI/6 of the 2010 amendments apply only to vessels of 500 GT or more. The STCW security requirements only apply to vessels subject to the STCW Convention—which are vessels operating beyond the boundary line—except for those vessels listed in § 15.1101 of this final rule. The Coast Guard is making this change in response to comments from the public and MERPAC questioning the proper application of the tonnage limitation required by the STCW Convention. The security requirements in the STCW Convention are meant to support the requirements of the ISPS Code, which applies to vessels of 500 GT or more.

Additionally, the Coast Guard is changing transitional provisions for security awareness and for seafarers with designated security duties by adding grandfathering provisions and deadlines for compliance. The Coast Guard is making this change in response to comments from the public and MERPAC requesting greater clarity on the subject. This change will help mariners meet the implementation date requirements of the 2010 amendments, and will provide mariners further flexibility by allowing them to obtain an STCW endorsement when they have completed a Coast Guard-approved course and/or can provide proof of service onboard vessels. In accordance with Section A-VI/6 of the STCW Convention, these transitional provisions will only be available until March 24, 2014.

The Coast Guard also added a provision permitting mariners to satisfy the security-related training requirements in Regulation VI/6 of the 2010 amendments by complying with 33 CFR 104.220 and 104.225. The Coast Guard made this change in response to a recommendation from IMO Circular STCW.7/Circ.17, published in June 2011, advising Administrations and port state control authorities that mariners may comply with section 13 of the ISPS Code instead of Regulation VI/6 until January 1, 2014. However, the Coast Guard has amended the date to the effective date of this final rule. The Coast Guard has determined that requirements in 33 CFR 104.220 and 104.225 meet the requirements of section 13 of the ISPS Code and is amending § 15.1113 accordingly. This change will promote an orderly transition and help ensure that mariners meet the implementation date requirements.

The Coast Guard is making changes to clarify that the security training requirements in the STCW Convention and Code were developed as a progression where “security awareness” is the lowest level of training, “vessel personnel with designated security duties” is the next-higher level of training, and “vessel security officer” (VSO) is the highest level of training. The Coast Guard agrees with comments from the public and MERPAC suggesting that mariners with a higher level of training should be allowed to serve in positions that require a lower level of training. Under this system, for example, mariners who completed VSO training would be eligible for any position with a security training requirement at the VSO level or lower.

14. Course Approvals

The Coast Guard is changing § 10.402 regarding course approvals in order to implement the IMO model course format and terminology. We made this change in response to comments from the public and MERPAC, who recommended that the Coast Guard minimize administrative burden and cost on training providers by requiring only the information currently required for IMO model courses.

This change will retain an existing industry practice to use the IMO model course format and terminology for the submission of requests for Coast Guard-approved courses. This change will also allow minor modifications to courses to be submitted to the Coast Guard for review without requiring training providers to resubmit the entire course.

15. Quality Standards System (QSS)

In response to comments from MERPAC and the public, the Coast Guard is amending the proposed QSS requirements to include ISM, which is an additional industry-wide system, as an alternate means of compliance with one or more of the QSS provisions. The Coast Guard agrees with these comments because it recognizes that overlapping ISM and QSS requirements allow use of ISM as an alternative to certain corresponding QSS requirements.

Additionally, the Coast Guard is including a deadline for implementation of the QSS requirements. We made this change in response to a commenter who requested clarification of the implementation deadline. This transitional provision will help ensure that all courses, programs, and training creditable towards STCW will meet the requirements of a QSS by January 1, 2017.

We are aligning this deadline with the implementation of the training requirements in this rulemaking in order to provide industry with ample opportunity to implement the change.

16. Post-Dating of Credentials

The Coast Guard is changing § 10.205 regarding post-dating of credentials, by reducing the permissible post-dating of an MMC renewal from 12 months to 8 months after the date that the Coast Guard accepts a complete application. This change is in accordance with § 614 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281) (as codified in 46 U.S.C. 7302), which only allows post-dating of credentials for up to 8 months.

In addition, the Coast Guard has amended § 10.205 to require automatic post-dating with the option for immediate issuance. The Coast Guard made this change in response to commenters who requested that the Coast Guard ensure that post-dating is automatically completed for every renewal.

17. Retention of Cash Payment for User Fees

The Coast Guard is not including the provisions proposed in § 10.219 of the SNPRM, which would have required user fees to be paid by credit card or electronic payment only. This proposed change would have eliminated the ability for mariners to pay user fees by cash or to attach a check or money order to their application package. Public comment raised concerns that mariners should not be forced to pay by credit card and that not all mariners have credit cards.

The Coast Guard agrees, is not including this proposed requirement, and will continue to accept cash, checks, and money orders, as well as credit cards and electronic payments for MMCs and associated endorsements. The Coast Guard has amended § 10.219 accordingly.

18. Academy Sea-Service Equivalency

The Coast Guard is amending § 10.232 to include sea service credit for cadets serving onboard academy training ships where sea service is part of an approved training program. The Coast Guard made this change based on a comment recommending that the Coast Guard grant 1

1/2

days of sea service credit for each day a cadet serves aboard an academy training ship where sea service is part of an approved training program.

This change is consistent with the Coast Guard's existing practice of crediting academy training ship sea service reported to the International Maritime Organization. To maintain consistency, the Coast Guard is making a similar revision to the definition of “day” in § 10.107.

19. Qualified Assessor (QA) Approval

The Coast Guard is amending the definition of “Qualified Assessor” in § 10.107 in order to clarify this person's role and professional development. We made this change in response to comments from the public and MERPAC, who requested clarification of QA training requirements and approval. This change ensures that any person serving as an assessor for STCW endorsements has demonstrated the requisite level of competence in the task for which the assessment is being made, and has been individually approved by the Coast Guard.

For the same reasons, the Coast Guard is also adding a provision requiring QAs who renew their qualifications to provide evidence of experience, training, or instruction within the past 5 years.

In response to the same comment, the Coast Guard is also amending § 10.405 to ensure that QAs are trained in proper assessment techniques and have completed an “assessor training” course as part of an accepted training program. This topic will be further discussed in the guidance the Coast Guard is developing concerning QAs.

20. Endorsement for Mate of Ocean Self-Propelled Vessels of Less Than 200 GRT

In response to a commenter's request, the Coast Guard is including an endorsement in § 11.425 for mate of ocean self-propelled vessels of less than 200 GRT. We made this change to provide a path of progression to master of oceans self-propelled vessels of less than 200 GRT, and in accordance with Regulation II/3 of the STCW Convention.

21. Electro-Technical Officer/Rating

The Coast Guard is amending § 11.335 and § 12.611 to include additional training topics appropriate for an STCW endorsement for an electro-technical officer and electro-technical rating. We made this change in response to commenters who requested clarification of STCW training and grandfathering requirements applicable to these endorsements. In addition, § 11.335 and § 12.611 are amended to clarify the grandfathering provisions applicable to these endorsements in accordance with the 2010 amendments of the STCW Convention.

22. Manning

In response to commenters' requests, the Coast Guard has included provisions in 46 CFR part 15, subpart H, requiring mariners who serve on vessels subject to STCW to also hold an STCW endorsement appropriate to the tonnage/propulsion power for the vessel upon which he or she is operating. This change ensures consistency with domestic manning requirements and avoids confusion or disagreement with port state inspectors regarding which mariners on U.S. vessels must hold STCW endorsements.

B. Public Comments on the SNPRM

The Coast Guard received more than 900 comments in response to the SNPRM published on August 1, 2011. These comments consist of letters to the docket, remarks at the public meetings in Miami, New Orleans, Seattle, and Washington, DC, comments submitted by MERPAC, and comments submitted by MEDMAC. The following discussion contains an analysis of comments received and an explanation of any changes made to the rule as proposed in the SNPRM.

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

1. Comment Period

Thirty-two commenters request that due to the complexity and broad ranging impacts of this rulemaking, the Coast Guard extend the comment period beyond the 60 days given in the SNRPM to permit the necessary comprehensive review of the provisions.

The Coast Guard disagrees. The 2010 amendments to the STCW Convention came into force on January 1, 2012. As a signatory State to the Convention, the U.S. needed to demonstrate by that date, or as soon as possible thereafter, that it remains in compliance with its requirements to minimize the risk of U.S. flag vessels being detained in foreign ports. However, while we did not extend the original comment period, we provided an additional 30-day comment period that closed on December 5, 2011 to respond to MERPAC and MEDMAC recommendations (76 FR 68202).

2. Definitions

Two commenters recommend that the Coast Guard amend the definition of “Coast Guard-accepted” because the commenters believe the proposed definition does not take into account Coast Guard-accepted training for instructors, supervisors, or assessors (i.e., Train-The-Trainer courses) or other types of training that are accepted by the Coast Guard to meet the familiarization training requirements of the STCW Convention.

The Coast Guard disagrees. The definition in § 10.107 would include this training even though particular types of training are not explicitly set out in the definition.

Five commenters recommend that the Coast Guard amend the definition of “day.” In their view, the definition for a day should be the same for vessels of every tonnage. If it is a condition of employment to work 12 hours a day, then the mariner should receive 1

1/2

days of sea service even if working on a vessel less than 100 gross tons.

The Coast Guard agrees in part. The definition of day already includes language that vessels allowed to work 12-hour days as defined in the U.S. Code will receive 1

1/2

days sea service credit. However, changes to regulations on this subject are limited by statutory restrictions on the type and tonnage of vessels and the number of watches that may be run. Accordingly, the definition of day permits mariners who work 12-

hour days to receive 1

1/2

days of sea-service credit, to the extent permitted by statute.

One commenter recommends that the Coast Guard amend the definition for “domestic officer endorsement” to provide that the holder of an MMC with this endorsement will be restricted to service on vessels on domestic voyages only.

The Coast Guard disagrees. Vessel manning requirements are specified in part 15 and it would be inappropriate to include them in the definition of the endorsements.

Two commenters recommend that the Coast Guard change the term “domestic officer endorsement” to “national officer endorsement” and “domestic rating endorsement” to “national rating endorsement” to avoid confusion with usage of the term “domestic” in other phrases used throughout the SNPRM.

The Coast Guard agrees, and has changed “domestic endorsement” to “national endorsement” to eliminate confusion.

Thirteen commenters recommend that the Coast Guard amend the definition of “domestic voyage” to include voyages between Washington State and Alaska through the Inside Passage or Mexico and the United States.

The Coast Guard agrees, and has amended the definition to include voyages beginning and ending at a U.S. port and passing through the waters of another country if the U.S. has entered into a treaty or agreement with that country.

One commenter recommends that the Coast Guard amend the definition of “increase in scope” by citing a few examples. The commenter states that this would help avoid confusion between this term and “raise of grade.”

The Coast Guard agrees. The key distinction between the two definitions is “existing credential.” The Coast Guard has amended both definitions for clarity by adding examples.

Two commenters state that the definitions of “limited” and “restricted” are very similar and should each be more clearly defined to avoid confusion.

The Coast Guard agrees in part. The Coast Guard recognizes that the two terms have been used interchangeably in the past and that there is no consistency in the use of the terms in relation to the title of the credential. The Coast Guard is of the opinion that all limited endorsements or credentials have inherent in their qualifications some sort of constraint which reduces the authority of the credential. Therefore, to avoid confusion, the Coast Guard is deleting, rather than further defining, the two definitions because the terms have the same meaning as in standard English language usage. Five commenters recommend that the Coast Guard amend the definition of “near-coastal” by adding the following sentence: “While a near-coastal endorsement does not preclude its use in another Administration's waters, that endorsement is limited to the near-coastal waters as determined and accepted by the local administration.”

The Coast Guard agrees in part. Amending the definition of “near-coastal” is not necessary because a foreign administration would not be bound to honor such a provision in the Coast Guard's regulations absent an agreement with the United States. The Coast Guard, however, has amended the definition of “domestic voyage” to include voyages beginning and ending at a U.S. port and passing through the waters of another country if the U.S. has entered into a treaty or agreement with that country.

Two commenters recommend that the Coast Guard amend the definition of “overriding operational condition” so that the intent and its use are not abused or over applied.

The Coast Guard disagrees. Because the definition comes directly from the STCW Convention and the meaning of the phrase is straightforward, adopting it in U.S. regulations is not discretionary. Additionally, the definition was written with the flexibility necessary to embrace unforeseen circumstances, which cannot all be listed in this final rule.

Three commenters recommend that the Coast Guard amend the definition of “passenger vessel” in § 11.1103. The commenters expressed concern that all provisions of Regulation V/2 of the STCW Convention and A-V/2 of the STCW Code will be imposed on passenger vessels, when some of the provisions are clearly applicable only to roll-on/roll-off (Ro-Ro) passenger vessels.

The Coast Guard agrees in part. The 2010 amendments to the STCW Convention and Code consolidated passenger vessel requirements, which are applicable to seafarers serving on Ro-Ro passenger vessels. The 2010 amendments also consolidated the requirements applicable to seafarers serving on passenger vessels other than a Ro-Ro passenger vessel. The application of the 2010 amendments is based on the responsibilities of the seafarer onboard the vessels and the type of vessel they served on: (1) Personnel assisting passengers in emergency situations must complete crowd management training; (2) personnel providing direct service to passengers in passenger spaces onboard passenger vessels shall have completed the safety training; (3) personnel with designated responsibility for the safety of passengers in emergency situations onboard passenger vessels must have completed approved training in crisis management and human behavior; and (4) personnel assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings onboard Ro-Ro passenger vessels shall have completed approved training in passenger safety, cargo safety and hull integrity. To avoid confusion and facilitate the implementation, the Coast Guard has amended § 11.1105 to specify the types of training necessary.

One commenter recommends that the Coast Guard amend the definition of “Quality Standard Systems or QSS” as it is too vague.

The Coast Guard disagrees. The QSS definition derives from established quality system practices. The provisions in § 10.410 provide further information on the specific elements of the QSS. The Coast Guard will be developing additional guidance on the implementation of the QSS.

Three commenters recommend that the Coast Guard amend the definition of “rest.” In their view, the requirement to record periods of rest either should be placed on the mariner, or be removed in its entirety because employers cannot assure that their mariners actually rest when they are away from the workplace.

The Coast Guard disagrees, and is retaining the existing definition for “rest” in § 10.107. The definition for “rest” is consistent with the STCW convention. The phrase “and is allowed to sleep without interruptions” in the definition does not imply that the master needs to force the mariner to sleep, but that the mariner is afforded time for rest and allowed to sleep. The 2010 amendments to the STCW Convention, specifically Section A-VIII/1, paragraph 7, require that records of daily hours of rest be maintained onboard the vessel. This final rule does not specify who is responsible for recording rest periods because that determination is within the discretion of each vessel master.

One commenter recommends that the term “sailor” be defined in § 10.107 rather than in a portion of a specific regulation (§ 15.705).

The Coast Guard disagrees. Because the Coast Guard's reference to “sailor” is clarified solely for the purpose of part 15, inclusion of the definition in § 10.107 would be inappropriate.

One commenter recommends that the Coast Guard amend the definition of

“seagoing service” to include service on the Great Lakes and inland waters.

The Coast Guard disagrees. The definition is intentionally a general one. The specific requirements for sea service, which may be earned on the Great Lakes and inland waters, and the individual requirements for each credential, are detailed in § 10.232.

One commenter asks for clarification of the definition of “seagoing service.” The commenter asks if it is the Coast Guard's intent that a mariner serving on a vessel that is crewed-up, capable, and occasionally operates outside the boundary line, will receive all seagoing service.

The Coast Guard has expanded the sea service credit requirements in § 10.232 to ensure mariners operating on inland and Great Lakes waters can get credit toward an STCW credential. Therefore, even if the vessel has time on both ocean-going and inland waters, credit will be awarded accordingly.

One commenter recommends that the Coast Guard amend the definition of “senior company official” by replacing the phrase “a lower level employee” with “a person designated.”

The Coast Guard agrees and has changed “lower level employee” to “another employee.”

One commenter recommends that the Coast Guard define the term “training ship” in § 10.109.

The Coast Guard disagrees. A “training ship” as used in § 12.601(b)(1)(ii) is determined by whether or not, and to what extent, the vessel is used as part of an approved program.

Twenty-seven commenters recommend that the Coast Guard delete part (2) of the proposed definition of “utility towing.” They pointed out that TSAC did not recommend part (2), and the proposed definition appears to conflict with the Coast Guard Commandant's ruling in a 2009 USCG District 7 Appeal.

The Coast Guard agrees that further consideration is necessary. Therefore, the Coast Guard is not including the proposed new endorsements for utility towing and harbor assist, and the definition for “utility towing.” Instead, we are retaining the existing definition of “disabled vessel.”

Two commenters recommend that the Coast Guard amend the term “vessel personnel with security duties” to “vessel personnel with designated security duties,” saying that using the latter phrase as it will appear on the MMC endorsement will add consistency and clarity.

The Coast Guard agrees and has added “designated” to the definition. The amended definition is consistent with the 2010 amendments to the STCW Convention.

Two commenters recommend that the definition of “vessel personnel with security duties” should state “those with duties as defined in the vessel's security plan or Alternate Security Program.” In their view, clarification is needed so that the skills and abilities an employee brings to the job may be recognized as equivalent to training.

The Coast Guard agrees. The Coast Guard is revising the definition “vessel personnel with designated security duties” to harmonize it with the guidance in Section B-VI/6 of the STCW Code and to ensure consistency with the requirements in 33 CFR 104.220 and 104.225. The expression “with designated security duties” denotes those having specific security duties and responsibilities in accordance with the vessel security plan. The Coast Guard has also amended the requirements in §§ 12.625 and 15.1113 to ensure that the term “vessel personnel with designated security duties” is used throughout.

One commenter recommends that the definition of “Vessel Security Officer or VSO” be amended to “Vessel Security Officer or VSO means a person onboard the vessel accountable to the master, designated by the Company as responsible for security of the vessel, including implementation and maintenance of the Vessel Security Plan, and for liaison with the Facility Security Officer and the vessel's Company Security Officer.”

The Coast Guard disagrees. The requirements for VSOs in § 11.352 are intended to meet the requirements of the STCW Convention. The definition provided in § 10.107 is consistent with the definition in the STCW Convention.

One commenter objects to the Coast Guard changing the format of the definition of “Western Rivers.”

The Coast Guard disagrees. Although the format of the definition was changed from a single paragraph of text to a numbered list, there was no substantive change to the current definition.

3. Medical

One commenter notes that MMCs are valid for 5 years, yet the medical certificates for STCW endorsements are to be updated every 2 years. The commenter poses five questions:

(1) Will the mariner be required to renew his or her STCW endorsements with the Coast Guard every 2 years when the medical certificate is renewed?

No, the medical certificate will be managed as a separate stand-alone document.

(2) Will there be an expiration date within the MMC under the international pages for their physical every 2 years?

No, the medical certificate will be managed as a separate stand-alone document.

(3) Who will track this information if it is not indicated in the MMC?

As with all credentials, it is incumbent upon the mariner to track whether his or her credential is valid. Additionally, it is the responsibility of the company, operator, or master to ensure that persons serving on a vessel hold valid documents, see § 15.401.

(4) How will the requirement be enforced?

This will be enforced through regular inspections, boardings, and company/master verification. It is the responsibility of the company, operator, or master to ensure that persons serving on a vessel hold valid documents, in accordance with § 15.401.

(5) Will the National Maritime Center (NMC) be able to handle the additional work load associated with a 2-year physical as required by the STCW

Mariners with significant medical conditions are encouraged to submit documentation at least 6 months in advance in order to obtain a credential prior to expiration. Other mariners may submit as late as two weeks prior to expiration of the certificate. 46 U.S.C. 7507 and 7508 (see Public Law 112-213, § 306) authorizes the extension of credentials and medical certificates for up to 1 year.

It is expected that the NMC will be able to handle the additional workload through a clarification of medical guidelines. Additionally, with more frequent exams there should be the ability to have additional flexibility with certain medical conditions. Although additional funding to support personnel and credentialing activities at the NMC is one of the Coast Guard's many budget priorities, in the absence of additional funding the Coast Guard will continue to evaluate its limited resources and seek efficiencies to best handle the additional workload.

One commenter notes that the requirement for “Medical certificates/endorsements issued to a mariner who is serving as a first-class pilot, or acting as a pilot under § 15.812 of this subchapter, to be issued for a maximum period of 1 year” is inconsistent with Navigation Vessel Inspection Circular (NVIC) 8-94 which indicates that the annual physical exam is only required if serving on vessels greater than 1,600 GRT.

To ensure consistency with 46 U.S.C. 7101(e)(3) and to avoid any ambiguity, the Coast Guard has amended

§§ 11.709(b), 11.709(d), and 15.812 for clarity as recommended by the commenter.

One commenter recommends that the Coast Guard amend the proposed regulations to provide that pilots be issued 2-year, rather than 1-year, medical certificates. In the commenter's view, such a change would not impact public or navigation safety and would provide much needed administrative and workload relief to the Coast Guard's medical review program staff at the NMC.

The Coast Guard agrees and has amended § 10.301(b)(2) accordingly.

One commenter believes that this rulemaking is an opportunity to improve marine safety, if implemented effectively. In the commenter's view, 5 years between medical certifications among an aging workforce is not practical. While the direct impact from incidents that are due to medical conditions is unclear from Coast Guard and National Transportation Safety Board statistics, most operators know it is a major concern, the commenter says, and if established effectively, a new system that better tracks mariner fitness will have major positive effects on keeping mariners and the public safe. Additionally, two commenters believe that additional clarification is required regarding the extent of training, the approval process, and the bodies that would be accepted for the licensing of these designated medical examiners (DME) by the Coast Guard.

The Coast Guard disagrees that more frequent medical certificates for all mariners are needed. The Coast Guard is establishing within this rule the process to issue limitations, restrictions, and waivers for medical conditions, which will allow the Coast Guard to track mariner fitness where necessary. Provisions in this final rule will allow for the use of DMEs in the future. Plans are underway for the development of a DME Program, which will address the information sought by this commenter, and the Coast Guard will issue future guidance on this program. During the development of that guidance, the public will be invited to participate to ensure the creation of the best possible system.

One commenter requests that cadets issued endorsements as “cad

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