Manning, Training, Qualifications, and Watchkeeping Standards for Foreign Tank Vessels

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 30

[CGD 94-069]

Manning, Training, Qualifications, and Watchkeeping Standards for

Foreign Tank Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of public meeting.

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SUMMARY: The Coast Guard is scheduling a public meeting to discuss

implementation of Section 4106 of the Oil Pollution Act of 1990 (OPA

90). This section requires the Secretary of the department in which the

Coast Guard is operating to evaluate the licensing, certification,

manning, training, qualification, and watchkeeping standards of foreign

flag tank vessels that operate in U.S. navigable waters or lighter in

any port or place subject to U.S. jurisdiction. The Coast Guard will

hold the meeting to give the public an opportunity to comment on, and

provide input to, the development of this evaluation process.

DATES: The public meeting will be held from 9 a.m. until 4:30 p.m. on

October 19, 1994. Written comments must be received by November 19,

1994.

ADDRESSES: The public meeting will be held in room 2415, Coast Guard

Headquarters, 2100 Second Street SW., Washington, DC 20593-0001

Persons who are unable to attend the public meeting may mail

written comments to the executive Secretary, Marine Safety Council (G-

LRA/3406) (CGD 94-069), U.S. Coast Guard Headquarters, 2100 Second

Street SW., Washington, DC 20593-0001, or deliver them to room 3406 at

the same address between 8 a.m. and 3 p.m., Monday through Friday,

except Federal holidays. Persons submitting written comments should

include their names and addresses, identify this notice (CGD 94-069)

and give the reason for each comment. Please submit two copies of all

comments and attachments in an unbound format, no larger than 8\1/2\ by

11 inches, suitable for copying and electronic filing. Persons wanting

acknowledgment of receipt of comments should enclose a stamped, self-

addressed postcard or envelope.

FOR FURTHER INFORMATION CONTACT: Marcia Landman, Project Manager, Oil

Pollution Act (OPA 90) Staff, (G-MS-A), (202) 267-6770. This number is

equipped to record messages on a 24-hour basis. Anyone wishing to make

a presentation is requested to call this number and give the following

information: docket number (CGD 94-069); name; company or

organizational affiliation (if any); and the estimated amount of time

needed for the comment.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this Notice are Marcia

Landman, Project Manager, and Mary-Jo Cooney, Project Counsel, OPA 90

Staff, (G-MS-A).

Background and Discussion

Section 4106 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L.

101-380) directs the Secretary of Transportation (Secretary) to

evaluate the manning, training, certification, and watchkeeping

standards of foreign tank vessels on a periodic basis and when a vessel

is involved in certain marine casualties. If the Secretary finds that

the vessel's flag state either does not have, or fails to enforce,

standards for licensing and certification of seaman which are at least

equivalent to United States law or international standards accepted by

the United States (45 U.S.C. 9101(a)(3)), the Secretary is directed to

prohibit the vessel's entry into U.S. waters subject to certain

exceptions which appear in the statute.

The Coast Guard is considering a plan to amend 45 CFR Part 30 to

reflect the use of the International Convention on Standards of

Training, Certification and Watchkeeping for Seafarers of 1978, (STCW)

as the appropriate standard for evaluating competencies of seafarers

manning tank vessels certificated by foreign states. Vessels flagged in

countries which are signatories to STCW would be evaluated based on

that Convention. The Coast Guard would accept a certificate issued

under that convention as evidence that the holder is in compliance with

STCW. The proposal would also establish a presumption that flag states

which are signatories to STCW meet or exceed STCW standards of

training, qualification and watchkeeping.

This presumption could be rebutted by showing factors such as--

(1) Evidence that several casualties involving vessels flying the

flag of that state were related to human factors;

(2) A pattern of STCW deficiencies identified during U.S. port

calls, or documented in an international data exchange (based on port

calls in other countries);

(3) A pattern of cases indicating that ships flying the flag of

that state lacked a safe manning document;

(4) Evidence that crews on ships flying the flag of that state have

failed to demonstrate proper performance of operations during port

state control inspections;

(5) Lack of convincing evidence as to the familiarity of the

seafarers with the ship's characteristics as may be appropriate to

their assigned duties in performing duties as a member of a

navigational watch or during emergency drills; or

(6) Evidence that the vessel is crewed by seafarers with

certificates issued of a state other than the flag state and which are

not endorsed by the flag state. On the basis of a review triggered by

the above events, a previous equivalency determination could be

suspended or revoked.

According to Article X.5 of the STCW, ships flagged in non-STCW

signatory countries may not be treated more favorably than ships flying

the flag of STCW signatories.

For tank vessels flagged in non-signatory countries, the Coast

Guard would propose using U.S. law as the standard to assess whether

the flag state's licensing, certification and training standards meet

the equivalency and enforcement tests. The regulation would specify the

documentation (in English) which a flag state, or a vessel's owner or

operator, must provide so that the Coast Guard could determine whether

a vessel meets the requirements. The regulations would also require

submission of the information to the Coast Guard in advance of the

vessel's arrival. In this way, the vessel's owner or operator would

know if the vessel would be allowed to enter port. In some cases

provisional entry might be permitted.

The Coast Guard is also considering a plan to amend 46 CFR part 30

to use the Safety of Life at Sea Convention of 1974, as amended (SOLAS

74/83), and relevant International Maritime Organization resolutions as

guidance for evaluating manning levels. SOLAS 74/83 addresses manning

levels, and requires certain ships of signatories to have an

appropriate safe manning document or its equivalent. Annex 1 of IMO

resolution A.481 (XII) describes the recommended contents of a SOLAS

safe manning document. Certificates of Inspection issued by the U.S.

Coast Guard contain substantially the same requirements as those listed

in this IMO resolution. In most instances, the United States will

accept a SOLAS 74/83 safe manning document as an alternative to

compliance with its manning standards; however, the United States may

intervene under the Ports and Waterways Safety Act (33 U.S.C. 1228) if

manning is manifestly inadequate.

As required by statute, the Coast Guard is considering a plan, to

evaluate the manning, training, qualification and watchkeeping

standards of foreign countries periodically, and when a foreign flag

tank vessel is involved in a marine casualty reportable under 46 U.S.C.

6101(a) (4) or (5). Reportable marine casualties include those

involving material damage affecting the seaworthiness or efficiency of

a vessel, and those which result in significant harm to the

environment. The regulation would also set the period between

evaluations not associated with a reportable marine casualty. This

periodic review might simply be a confirmation that the flag state has

continued to meet its obligations under STCW, and that the available

information systems such as the Marine Safety Information System (MSIS)

do not reveal a pattern of deficiencies.

The Coast Guard is interested in receiving comments on the

potential costs and benefits of this regulation, the impact of this

regulation, and any of the issues discussed in this notice (e.g., the

appropriate length of time between periodic reviews; the combination of

factors listed previously as rebutting the presumption of equivalency

under STCW; or any other factors, which should result in suspension or

revocation of an equivalency determination, etc.).

Because of the potential impacts of this regulation, and the

results of the Coast Guard's regulatory process review, which indicated

that public meetings provide an excellent opportunity for valuable

input at early stages of the development of regulations, the Coast

Guard has decided to hold a public meeting at the time and place

indicated in this notice.

Dated: September 15, 1994.

J. F. McGowan,

Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 94-23512 Filed 9-22-94; 8:45 am]

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