Qualifications for Tankermen, and for Persons in Charge of Transfers of Dangerous Liquids and Liquefied Gases

SUMMARY: The Coast Guard is issuing an interim rule that sets out

qualifications for tankermen, and for persons in charge of, and

assisting in, the handling, transfer, and transport of oil and certain

hazardous liquid cargoes in bulk aboard vessels. It intends the

establishment of training standards, of operational requirements, and

of a certification procedure to ensure that these persons are competent

to perform their duties even during emergencies. Implementation of this

rule will improve the handling, transfer, and transport of these

cargoes and reduce the risk and severity of spillage from tank vessels.

DATES: This interim rule is effective March 31, 1996. Comments must be

received by June 30, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA-2, 3406) (CGD 79-116), U.S. Coast Guard

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

be delivered to Room 3406 at the above address between 8 a.m. and 3

p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: LCDR David C. Paxton, Project Manager,

Office of Marine Safety, Security, and Environmental Protection (G-

MVP), phone (202) 267-0224.

SUPPLEMENTARY INFORMATION: Although this is a rule, not a notice, it is

an interim rule; changes may be made, where warranted. Therefore,

interested persons may participate in evaluating this rule by

submitting written data, views, or arguments. Each written comment

should include the name and address of the person making it, identify

this rule (CGD 79-116) and the specific section of the rule to which

the comment applies, and give a reason for the comment. Please submit

two copies of each comment and attachment in an unbound format, no

larger than 8\1/2\ by 11 inches, suitable for copying and electronic

filing. A person desiring an acknowledgment that his or her comment has

been received should enclose a stamped, self-addressed postcard or

envelope. The Coast Guard will consider all comments received during

the comment period before it decides whether to modify or confirm this

rule.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at Room 3406, U.S. Coast Guard

Headquarters.

Drafting Information

The principal persons involved in drafting this document are LCDR

David C. Paxton, Project Manager, and Mr. Patrick J. Murray, Project

Counsel, Office of Chief Counsel.

Regulatory History

The Coast Guard published in the Federal Register a supplemental

notice of proposed rulemaking (SNPRM), on October 17, 1989: CGD 79-116

and CGD 79-116a (54 FR 42624), entitled, ``Tankerman Requirements and

Qualifications for Persons-in-Charge of Dangerous Liquid and Liquefied

Gas Transfer Operations''. The Coast Guard received 42 comments on this

SNPRM. No public meeting was requested, nor was one held.

Before the SNPRM, the Coast Guard had published in the Federal

Register two notices of proposed rulemaking (NPRMs), both on December

18, 1980: CGD 79-116 (45 FR 83290), with proposed rules for tankermen;

and CGD 79-116a (45 FR 83268), with proposed rules for persons in

charge of oil transfers. The Coast Guard combined these two rulemakings

in the SNPRM, and withdrew docket 79-116a as a distinct rulemaking.

Background and Purpose

Since the early 1970s, a number of major marine casualties have

occurred through human error and a lack of awareness on the part of

personnel involved in the handling, transfer, and transport of

dangerous liquids and liquefied gases as cargo on vessels. Among these

were the explosions of the M/V VENUS in 1972 and of the SS SANSINENA in

1976.

In 1978 there occurred two events that established a legal

framework for this interim rule. First, there was enacted the Port and

Tanker Safety Act (PTSA) (codified as 46 U.S.C., Chapter 37) of that

year, one of whose provisions required the Secretary of Transportation

to prescribe regulations on, among other things, personnel

qualifications and manning standards for tank vessels of the United

States. (The NPRMs published in 1980, on tankermen (45 FR 83290) and on

persons in charge of oil transfers (45 FR 83268), were intended to

implement, in part, that statutory mandate.) Second, there was adopted

the International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers (STCW), 1978, at a conference sponsored

by the International Maritime Consultative Organization (IMCO;

International Maritime Organization (IMO) since 1982). STCW and its

associated resolutions contain a number of regulations and

recommendations on training and qualifications for personnel with

responsibilities related to the cargo and cargo equipment on tankers.

During the 1980s the Coast Guard revised its rules on these in 46 CFR

parts 10 and 15, to render them compatible with STCW.

IMO developed a number of revisions to STCW. Among these revisions

was a set of amendments to Chapter V adding requirements for personnel

on tankers. (The amendments were adopted by the Maritime Safety

Committee in May 1994, and come into force in May 1995.) After these

amendments come into force, Chapter V will contain more detailed

requirements on training and qualifications than it does now; and

Administrations will have to ensure either that an authorized document

is issued to officers and rated personnel found qualified in accordance

with the new requirements or that an appropriate existing document is

endorsed. (Chapter V is undergoing a review along with the rest of

STCW, which should be complete in 1995. Amendments adopted at that time

will probably come into force in 1996 or 1997. If necessary, this

interim rule will be revised to conform with any new requirements due

to those amendments.)

Since the stranding of the M/V EXXON VALDEZ, Congress has enacted

the Oil Pollution Act of 1990. This statute, too, concerns manning

standards for tank vessels, including a requirement that the manning of

each of these vessels take into account ``the navigation, cargo

handling, and maintenance functions of that vessel for protection of

life, property, and the environment'' (Subsection 4114(c), amending 46

U.S.C. 8101(a)(3); emphasis added). This statute gives new impetus to

the development of rules for tankermen and for persons in charge of oil

transfers. [[Page 17135]]

In the last few years, the Coast Guard's Towing Safety Advisory

Committee (TSAC) has considered many of the issues addressed in the

SNPRM. TSAC has made valuable contributions to the development of these

regulations.

Discussion of Comments

All of the 42 comments on the SNPRM supported the SNPRM in

principle, and none recommended major changes. The Coast Guard takes

this to indicate that the SNPRM addressed all of the significant issues

raised by those who submitted comments on the NPRMs. The specific

comments are summarized and discussed below.

1. Persons in Charge (PICs) Under 33 CFR Parts 154 and 155

One comment recommended that a definition for Tankship should be

provided in part 154. The Coast Guard agrees and has added a definition

in Sec. 154.105.

One comment suggested that the wording of Sec. 155.700 be revised

to indicate that the person in charge (PIC) could be designated by name

or by position in the crew. The Coast Guard agrees with this suggestion

and has revised the wording of Sec. 155.700.

Another comment urged that the reference to in agent Secs. 155.700

and .710 be clarified. The Coast Guard agrees and has clarified the

sections.

One comment said that Sec. 155.710 should apply to any tankship

``required to be'' documented under the laws of the United States. The

Coast Guard agrees and has added appropriate language to

Sec. 155.710(a).

Three comments stated that the wording of Sec. 155.710(a)(1)(ii)

was unclear, particularly with reference to Boundary Lines. The Coast

Guard agrees, and has reworded the section and added a cross-reference

to 46 CFR part 7, where specific Boundary Lines are described, to

indicate that the Boundary Lines in that part apply to the rules in

Sec. 155.710.

One comment said the PIC should be required, under Sec. 155.710, to

be trained in and familiar with the emergency equipment aboard the

vessel, the oil-transfer procedures for that vessel, and requirements

and procedures for reporting spills. The Coast Guard agrees and has

revised Secs. 155.710(a)(1)(i), (b)(1)(i), (c)(1), and (d)(1).

One comment recommended that Sec. 155.710(e)(1) be revised to

clarify that the scope of the rule encompasses every vessel that must

be operated by a licensed person and not just by a licensed officer.

The Coast Guard agrees and has revised the section to refer to

``licensed person.''

2. Credentials of Personnel on Foreign-Flag Vessel Under 33 CFR Part

155

One comment stated that Secs. 155.710(c) and (d) should be amended

to allow qualifications for a PIC aboard a foreign tankship at a

shipyard or tank-cleaning facility to be satisfied by a marine

chemist's certificate issued from the National Fire Protection

Association. The Coast Guard agrees in substance and has added the

appropriate wording in Sec. 155.710(g).

One comment recommended that Sec. 155.710(c)(3) indicate that, for

vessels of countries signatory to STCW, a Dangerous-Cargo Endorsement

or Certificate issued by the flag state is sufficient to attest the

holder's qualifications. The Coast Guard agrees and has revised

Secs. 155.710(c)(3) and (d)(2).

One comment recommended adding a paragraph to require the operator

or agent to verify that the person designated as PIC of a transfer of

fuel oil aboard a foreign vessel holds a license or certificate

authorizing service as master, mate, pilot, or engineer. The Coast

Guard agrees and has added a paragraph to Sec. 155.710(e)(4).

3. Language of Crewmembers Under 33 CFR Part 155

Two comments wanted Secs. 155.710(c)(4) and (d)(3) revised to

clarify the required ability to communicate.

One comment stated that the rule should allow PICs to use any

mutually-agreed-upon language as an alternative to English. This

comment also urged that, if an interpreter is used, the interpreter be

fluent in the terminology of ships and of transfers. The Coast Guard

agrees and has incorporated these suggestions into Secs. 155.710(c)(4)

and (d)(3).

The other comment recommended adding a provision to require that

the PIC on a foreign vessel be able to communicate effectively with all

crewmembers involved in the transfer. If an interpreter is used, the

interpreter should be fluent in the terminology of ships and of

transfers. The Coast Guard agrees and has added Secs. 155.710(c)(5) and

(d)(4).

4. Certification of Tankerman, General (46 CFR Part 13, Subpart A)

One comment noted that the phrase ``grades of cargo (dangerous

liquids (DL), liquefied gases (LG), or specific products)'' is not a

technically precise term used throughout the shipping and pollution-

prevention regulations, and at best describes categories of cargo. The

Coast Guard doubts whether the lack of precision in any of these terms

will result in any confusion or misinterpretation, so it has left them

as they were.

One comment stated that the definition for liquid cargo in bulk

should include a reference to portable tanks. The Coast Guard agrees

and has augmented the definition in Sec. 13.103 with a reference to

portable tanks.

This comment also recommended revising the definition of tank

vessel. The Coast Guard has revised the definition to make it

consistent with the statutory definition in 46 U.S.C. 2101(39).

The Coast Guard has also added a definition of transfer as it

applies in this rulemaking.

One comment questioned whether Sec. 13.107(c) should require that a

Tankerman-Assistant maintain contact with the PIC during a transfer.

The Coast Guard agrees that it should and has added language requiring

this.

Two comments recommended changes to the provision on the Tankerman-

Engineer under Sec. 13.107(d). One observed that the primary

responsibility of a person with a Tankerman-Engineer endorsement on a

tank vessel carrying DL or LG is to maintain the cargo systems and

equipment for transfer of liquids aboard. The other urged a requirement

that a licensed person serving as a chief engineer, first assistant

engineer, or cargo engineer on an inspected tank vessel carrying liquid

cargo in bulk or cargo residue hold the Tankerman-Engineer endorsement.

The Coast Guard accepts both of these changes and has incorporated them

in the revision of Sec. 13.107(d).

One comment recommended that the rule clearly state that applicants

for restricted endorsements may apply to Coast Guard Regional

Examination Centers (RECs). The Coast Guard agrees and has revised

Sec. 13.111.

One comment suggested the replacement of the term discharge by the

term certificate of discharge. The Coast Guard has accomplished this

replacement in the appropriate paragraphs of Sec. 13.113.

One comment stated that it would be inequitable to give full credit

to a master or chief mate for service on a tankship and yet to give

only half credit to second and third mates for such service. The Coast

Guard agrees. Deck officers aboard tankships serve as PICs of

transfers, and their names appear on Declarations of Inspection and in

the deck logs upon relief of watches. The [[Page 17136]] Coast Guard

has revised Sec. 13.113(c)(iii)(B).

This comment also expressed concern over silence of the proposed

rule on second or third mates' qualifying for the DL or LG endorsements

on the Tankerman-PIC. The Coast Guard agrees and has changed

Sec. 13.113(c) to reflect that masters and mates aboard tankships

certificated to carry DL and LG may qualify for the appropriate

endorsement.

Another comment said that a tankerman certified under prior

regulations should have the option of passing a Coast Guard examination

to earn an endorsement as Tankerman-PIC (Barge), just as a new

applicant has the option of passing one under Sec. 13.301(f). The Coast

Guard has eliminated the option for an applicant to become a Tankerman-

PIC (Barge) by passing a Coast Guard examination. This is an adverse

change from the SNPRM, but both of the two reports--that of the Focus

Group, ``Licensing 2000 and Beyond'', and that of the Coast Guard,

``Review of Marine Safety Issues Related to Uninspected Towing

Vessels''--urge more emphasis on formalized methods of training and

less on passing a Coast Guard examination. The Coast Guard invites

comments on the elimination of the option. The Coast Guard has left

Sec. 13.113(d)(1)(ii) as it was and has eliminated the examination

option in Sec. 13.301.

A number of comments expressed the view that requiring service to

have occurred within three years of application to be valid under

Secs. 13.113(c)(1)(iii)(A)(1) and (d)(1)(iii) might penalize persons

with service less recent. The Coast Guard agrees and has revised these

sections, and Secs. 13.115(a) and (b), allowing service to be valid if

it has occurred within five years of application.

One comment rationalized that all engineers in service on LNG

tankships should be grandfathered because of the requirements they must

already meet. These engineers, however, should have no difficulty

acquiring the endorsement without grandfathering, because of those very

requirements. Therefore, the Coast Guard does not agree that

grandfathering is necessary or appropriate for these engineers, and has

left Sec. 13.115 as it was.

Numerous comments urged that the tankerman endorsement be subject

to an expiration date. The Coast Guard agrees with the intent of these

comments. The Oil Pollution Act of 1990 (OPA 90) mandated that U.S.

Merchant Mariners' Documents (MMDs) themselves be limited to five

years' duration, and 46 CFR 12.02-29 (59 FR 49302 (September 27, 1994))

now limits endorsements on MMDs to the same duration. Therefore, the

period of validity of the tankerman endorsement is tied to the term of

the MMD in Sec. 13.119. 46 CFR 12.02-27 now requires MMDs to expire

after five years. To help manage the work load over the initial five-

year renewal cycle, the Coast Guard will require individuals acting as

``Tankerman-PIC'', ``Tankerman-PIC (Barge)'', ``Tankerman-Engineer'',

and ``Tankerman-Assistant'' with the first renewal date of their MMDs,

under Sec. 12.02-27, that occurs after March 31, 1997, to obtain their

new tankerman endorsement. This change affects Secs. 13.113(a),

13.113(b), 13.115, and 13.117. The phase-in period allows tankermen a

minimum of two years to obtain a new endorsement, one year for the

effective date of this publication and one year until commencing the

five-year renewal cycle. A person who served as PIC for the transfer of

liquid cargoes in bulk listed in subchapter O but who did not require a

tankerman endorsement, because they were non-flammable or non-

combustible liquids, may continue to act as a PIC for those liquid

cargoes five years after the effective date of this rulemaking as

discussed in the SNPRM. After that point, the PIC must have obtained

his or her ``Tankerman-PIC (Barge)'' endorsement.

One comment suggested that licensed engineers and tankerman-

assistants with service on tankships under prior rules should be able

to invoke recency of service, too. The Coast Guard agrees that all

applicants alike should be able to invoke recency of service for an

original tankerman endorsement and has revised Sec. 13.123 to let them;

it has also revised the section to reflect that the service should

occur within five, not just three, years immediately preceding

application, keeping this section consistent with other sections

concerning recency of service.

The Coast Guard has added Sec. 13.127 as a general section on

service, both to consolidate the requirements for a service letter and

to determine the number and kinds of transfers.

5. ``Tankerman-PIC'' Endorsement (46 CFR Part 13, Subpart B)

One comment recommended that an applicant for an original

Tankerman-PIC endorsement be capable of reading and writing English.

The Coast Guard agrees that the PIC needs to be capable of

understanding the information contained in Declarations of Inspection,

vessel response plans, and Cargo Information Cards and it has added the

requirement to Secs. 13.201 and 13.301 for all PICs to demonstrate an

ability to read and understand English found in these items.

A number of comments indicated that an applicant for a Tankerman-

PIC endorsement should have participated in more than one commencement

of loading and more than one of discharge, and in more than one

completion of loading and more than one of discharge. The Coast Guard

agrees and has increased the number of commencements and completions

required to two each in Secs. 13.203(b)(2) and (3). At the same time,

however, it has left Sec. 13.203(c) unchanged.

One comment recommended that an applicant for a Tankerman-PIC

endorsement have to prove a working knowledge of a vessel's oil-

transfer procedures, of its emergency procedures, and requirements for

reporting oil spills. The Coast Guard agrees. Tankermen must become

familiar with the relevant characteristics of each vessel, with the

vessel's response plan, and with all appropriate procedures before

commencing a transfer, relieving the watch or duty, or completing a

transfer. The person certifying the service (signing the letter

attesting the service) of an applicant for tankerman should be

satisfied that the applicant is knowledgeable and able to manage liquid

cargo before certifying the service.

One comment questioned whether it was necessary to require that an

applicant be capable of calculating rates of loading and discharge. The

Coast Guard considers the ability to calculate such rates on tankships

an important aspect of ensuring safe transfers. It has required the

ability to calculate rates of loading in Sec. 13.127(a)(3)(vii).

However, the corresponding ability for rates of discharge does not

involve skills different in any significant way from those involved in

the ability for rates of loading, so the Coast Guard has not explicitly

required the ability for rates of discharge.

6. ``Tankerman-PIC (Barge)'' Endorsements (46 CFR Part 13, Subpart C)

One comment recommended that an applicant for an original

``Tankerman-PIC (Barge)'' endorsement be required both to take a

training course and to pass a Coast Guard examination. The Coast Guard

believes that a course, when coupled with the other standards under

Sec. 13.301, will provide satisfactory evidence that the applicant has

qualified for the endorsement. The Coast Guard has eliminated the

option for an applicant to become a Tankerman-PIC (Barge) by passing a

Coast Guard examination or by using extended service. The Coast Guard

has [[Page 17137]] revised Secs. 13.303 and .309 to require formal

training.

Three comments stated that the Coast Guard should require its own

examination whether or not an applicant completes a course. As above,

both of the two reports--that of the Focus Group, ``Licensing 2000 and

Beyond'', and that of the Coast Guard, ``Review of Marine Safety Issues

Related to Uninspected Towing Vessels''--urge more emphasis on

formalized methods of training and less on passing a Coast Guard

examination. The Coast Guard believes that formal training is the

appropriate method without the need for an additional examination,

while it effectively monitors approved training programs. The Coast

Guard has revised Sec. 13.309 to allow only formal training.

One comment suggested that the ability to read and write English

should be required of each applicant for an original ``Tankerman-PIC

(Barge)'' endorsement under Sec. 13.301, and for an original restricted

``Tankerman-PIC (Barge)'' endorsement under Sec. 13.111. The Coast

Guard agrees that all PICs need to be capable of understanding the

information in Declarations of Inspection, vessel response plans, and

Cargo Information Cards and it has added the requirement to

Secs. 13.201 and .301 for all PICs to demonstrate an ability to read

and understand English found in these items. It has revised

Sec. 13.111(d)(5) to require a similar ability respecting restricted

``Tankerman-PIC (Barge)'' endorsements.

All eight comments on service requirements indicated that a single

commencement or completion of loading and a single commencement or

completion of discharge was insufficient, and recommended that five

commencements and five completions be required. While the Coast Guard

agrees that every participation in these critical stages of a transfer

enhances an individual's qualifications, it does not consider a large

number of participations necessary to establish minimal qualification

for a ``Tankerman-PIC (Barge)'' endorsement. Therefore, it has revised

Sec. 13.303(b)(2) to require at least two commencements and two

completions of loading and Sec. 13.303(b)(3) to require at least two

commencements and two completions of discharge.

One comment urged that an applicant have to prove a working

knowledge of a vessel's oil-transfer procedures, its emergency

procedures, and requirements for reporting oil spills. As previously

stated, the person certifying the service of an applicant for tankerman

should be satisfied that the applicant is knowledgeable and able to

manage liquid cargo before certifying the service.

Three comments expressed the view that it was unnecessary to

require that an applicant for a ``Tankerman-PIC (Barge)'' endorsement

be capable of calculating rates of loading or discharge. These comments

said that a tankerman could monitor such rates on barges without

calculating them. The Coast Guard agrees and has eliminated these

requirements for ``Tankerman-PIC (Barge).''

One comment stated that the use of the term ``competent person'' in

these regulations might create confusion with regulations developed by

the Occupational Safety and Health Administration (OSHA) and the

National Fire Protection Association (NFPA), and recommended that the

jurisdictional boundaries between OSHA and the Coast Guard in safety of

personnel be clarified. The Coast Guard partly agrees, but believes

that requiring a shipyard worker to be certified by OSHA as a

``competent person'' to supervise gas-freeing and tank-cleaning will

cause no confusion. To eliminate any lingering confusion the Coast

Guard has eliminated ``competent person'' from the title of the

endorsement and renamed the restricted endorsement ``Tankerman-PIC

(Barge)'' restricted to a tank-cleaning and gas-freeing facility. The

Coast Guard doubts whether this rulemaking provides the appropriate

forum for addressing jurisdictional boundaries between agencies.

Another comment suggested that a new subpart describe requirements

for restricted ``Tankerman-PIC (Barge)'' endorsements. The Coast Guard

does not agree that such a separate subpart is needed. It considers the

use of restricted endorsements adequately addressed in Sec. 13.111 and

has combined all the restricted endorsements into this section.

7. ``Tankerman Assistant'' Endorsement (46 CFR Part 13, Subpart D)

One comment asserted that an applicant for an original ``Tankerman

Assistant'' endorsement should be able to read and write English. Since

the ``Tankerman Assistant'' is not in charge of the transfer and does

not have to sign the Declaration of Inspection, the Coast Guard

considers reading and writing non-essential to a safe transfer. It

considers the requirement that an applicant be capable of clearly

understanding and speaking all necessary instructions in English

adequate for qualification and, therefore, it has not revised

Sec. 13.401(f).

One comment found the requirement of recency in training

restrictive in that an applicant might have completed qualifying

courses before the cutoffs imposed in these regulations and so might

have to repeat the courses to satisfy the training. The Coast Guard

partly agrees. If training facilities request, the Coast Guard will

evaluate bona fide training courses in existence before the effective

date of these regulations and may let the student's completion satisfy

the training.

8. ``Tankerman-Engineer'' Endorsement (46 CFR Part 13, Subpart E)

One comment recommended that an applicant for a ``Tankerman-

Engineer'' endorsement be capable of reading and writing English. Since

the ``Tankerman-Engineer'' is not in charge of the transfer and does

not have to sign the Declaration of Inspection, the Coast Guard

considers reading and writing non-essential to a safe transfer. It

considers the requirement that an applicant be capable of clearly

understanding and speaking all necessary instructions in English

adequate for qualification and, therefore, it has not revised

Sec. 13.501(g).

One comment noted the use of the term ``cargo engineer'' for both

dangerous liquid and liquefied gas in Sec. 13.503. The Coast Guard has

included the definition of this term in Sec. 13.103 to cover both

dangerous-liquid and liquefied-gas tankships.

9. Manning-Requirements (46 CFR Part 15)

One comment stated that manning should depend on a vessel's

deadweight tonnage, which relates directly to cargo capacity, rather

than on gross tonnage. Because the statutes concerned with manning, and

regulations like this derived from them, base manning on gross tonnage,

the Coast Guard believes that it would be inappropriate to use another

criterion here. Therefore, it has retained the criterion of gross

tonnage in Sec. 15.860.

One comment urged that ships in service on the Great Lakes be

explicitly included in the provision relating to ships not certified

for voyages beyond the Boundary Lines. The Coast Guard agrees and has

revised Sec. 15.860(d).

This comment also suggested that a table of manning-requirements

would be useful and should be included in the final rule. The Coast

Guard agrees and has prepared two tables. Table 15.860(a)(1) lists the

minimal requirements for tankermen aboard manned tank vessels; Table

15.860(a)(2) lists the tankerman endorsements required for personnel

aboard tankships.

One comment recommended a change to take into account that not

every [[Page 17138]] tankship need carry a cargo engineer. The Coast

Guard agrees and has revised Sec. 15.860(f)(2) to address this

possibility.

One comment urged the Coast Guard to clarify that the PIC retains

authority over those crewmembers assigned duties and responsibilities

during a transfer though not directly supervised by the PIC. The Coast

Guard agrees that greater clarity to this effect is both possible and

desirable, and has revised Sec. 15.860(f)(4).

10. Operations of Tank Vessels (46 CFR Part 35)

One comment suggested that the ``owner and managing operator'' not

be assigned responsibility for certain matters relating to an unmanned

tank barge, since only the master or PIC of a towing vessel can oversee

these matters. While the Coast Guard recognizes that, in practice, the

master, operator, or PIC must see to the matters associated with the

responsibility, the owner should share responsibility for these

matters. This will encourage shoreside management to maintain some

superintendence of and involvement in the operation of these tank

barges. The Coast Guard has left Sec. 35.05-15(b)(1) substantially as

it was.

One comment recommended distinguishing leakage of cargo into the

water from leakage of water into tanks, and requiring checks for both.

The Coast Guard considers this a good idea and has revised Secs. 35.05-

15(b)(1) (i) and (iii).

One comment argued that addressing persons on duty only for any

documented tankship was too permissive; it urged addressing them also

for any tankship ``required to be documented''. The Coast Guard agrees

and has made this change to Sec. 35.35-1(a).

The same comment argued that addressing persons on duty only for

any inspected tank barge was too permissive; it urged addressing them

also for any tank barge ``required to be inspected''. The Coast Guard

agrees and has made this change to Sec. 35.35-1(b).

One comment recommended that the Declaration of Inspection Before

Transfer of Bulk Liquid Cargo contain a space for the PIC to identify

the product or products for transfer, by classification and kind. The

Coast Guard agrees and has added such a space to the form specified by

Sec. 35.35-30.

A rule instated since the SNPRM has established a requirement of

familiarity with the vessel response plan. This interim rule adds an

appropriate space to the form specified by Sec. 35.35-30.

11. Cargoes at Elevated Temperatures (46 CFR Part 36)

One comment recommended that certain sections of part 36 be deleted

as obsolete or as superseded by this interim rule. Because the SNPRM

did not address this issue, the Coast Guard does not consider this rule

the appropriate place to revise part 36.

12. Cargo Vessels and Miscellaneous Vessels (46 CFR Part 98)

One comment suggested requiring that the person designated as PIC,

for the transfer of liquid cargo in bulk to or from a portable tank on

a vessel subject to part 98, hold a license authorizing service as a

master, mate, pilot, operator, or engineer aboard that vessel ``when

liquid cargo in bulk of grade D or E is carried in limited amounts.''

The Coast Guard agrees and has added this phrase to Sec. 98.30-

17(b)(3)(i).

13. Commercial Fishing Vessels Dispensing Petroleum Products (46 CFR

Part 105)

One comment urged that the authority of the Coast Guard over

fishing vessels under this part needs to be clearly stated by reference

to 46 U.S.C. 4502 (the Commercial Fishing Industry Vessel Safety Act of

1988) in the citation of authority for the part. The Coast Guard agrees

and has amended the citation of authority for that part to include the

appropriate statutory citation. Although the Coast Guard will no longer

regulate certain fishing vessels as tank vessels, it will still

regulate them as fishing vessels.

14. Barges Carrying Cargoes of Liquid Hazardous Materials in Bulk (46

CFR Part 151)

Again, one comment recommended distinguishing leakage of cargo into

the water from leakage of water into tanks, and requiring checks for

both. The Coast Guard considers this a good idea and has revised

Secs. 151.45-2(f)(1) (i) and (iii).

15. Ships Carrying Hazardous Materials of Liquid, Liquefied Gas, or

Compressed Gas in Bulk (46 CFR Part 153); and Safety Standards for

Self-Propelled Vessels Carrying Liquefied Gases in Bulk (46 CFR Part

154)

One comment asked whether the Coast Guard meant that an operator

should communicate with the Officer in Charge, Marine Inspection

(OCMI), before each transfer to inform the OCMI that the PIC is

competent. The Coast Guard neither means nor believes that an operator

should so communicate. It has clarified the rule in Secs. 153.957(b)

and 154.1831(b) to indicate that the documentary evidence, to the

effect that the person designated as PIC is fully trained and is

competent to perform his or her duties, need be provided only when

requested by the OCMI.

One comment recommended clarification of Sec. 154.1831 to better

describe the qualifications of PICs on tank vessels in LG service. The

Coast Guard agrees and has modified this section to clarify the

qualifications required to conduct transfers of, and preparation of

tanks for, cargoes of LG.

16. Work Hours

The Coast Guard understands that the Oil Pollution Act (OPA) of

1990, section 4114, amends 46 U.S.C. 8104 as it limits hours of work

for licensed persons or seamen on a tanker and limits hours of work for

tankermen aboard tankers. No tankerman may perform work for more than

15 hours in any 24-hour period, or more than 36 hours in any 72-hour

period, except in an emergency or a drill. The term ``work'' includes

all administrative duties associated with the vessel whether performed

aboard the vessel or ashore.

The Coast Guard is deliberating new work-hour limits due to OPA for

foreign-flag vessels. These limits, under 46 U.S.C. Chapter 37, would

apply to all personnel involved in transfers whatever flags the vessels

fly. These limits would apply to any person serving as a tankerman

during the transfer of oil and of certain hazardous liquid cargoes in

bulk, when the transfer takes place in a port or other place subject to

the jurisdiction of the United States. Among the issues to weigh are

the definition of the class of personnel and the kind of transfer to

cover; the practical difficulties of ensuring compliance with such

limits in respect of a crewmember on a foreign vessel; and the cost of

effectively extending the limits to vessels other than tankers. The

Coast Guard invites comments on these issues and any others that bear

on including such limits in the final rule that will follow from this

interim rule.

17. Requirements for Training Courses

The outlines of curricula as printed in the SNPRM produced positive

comments and therefore move into this interim rule. The format has

changed to allow for easier reading and to reduce the length of this

rule.

One comment recommended that awareness of safe entry into confined

spaces be included in the curricula as acknowledgment of the hazards

associated with the products being either carried in cargo tanks or

transferred. The Coast Guard agrees with this recommendation and has

[[Page 17139]] included the subject in each course on cargo of DL or

LG.

18. Training Courses, Approval

An organization seeking approval by the Coast Guard of a course

required for a tankerman endorsement will have to apply in accordance

with 46 CFR 10.302 and meet the general requirement of 46 CFR 10.303.

The Coast Guard expects that the instructor of each course, except the

firefighting course, will hold as a minimum an MMD with a tankerman

endorsement appropriate for the course, or will establish equivalent

qualifications to the satisfaction of the Coast Guard. The firefighting

course for tank barges must include actual practice in extinguishing

fires; all other courses may include field training or simulation

instead. Satisfactory completion of an approved course will be

evidenced by a certificate, issued by the organization and signed by

the head of the organization or a designated representative.

The Coast Guard will evaluate courses including simulated transfer

of cargo to determine the credit allowed towards meeting the proposed

service requirements, and the certificates will reflect the credit

granted. The Coast Guard maintains a list of organizations conducting

approved courses. This information is available upon request by writing

to Commandant (G-MVP), U.S. Coast Guard, 2100 Second Street SW.,

Washington, DC 20593-0001; or by calling (202) 267-0214.

The Coast Guard has expanded the curricula for courses on cargoes

of DL and LG enough to cover vapor-control systems and to satisfy the

training requirements listed in 33 CFR 154.840. The course-outlines

reflect current efforts of the Coast Guard and marine industry on

training in vapor-control systems and on requirements for vessel

response plans, as mandated by subsection 311(j) of the Federal Water

Pollution Control Act (FWPCA) as amended by OPA 90.

The Coast Guard has eliminated the familiarization courses and is

requiring only four liquid-cargo courses and the firefighting course

for tank barges. It will evaluate for approval courses submitted for

transfer credit and refresher training.

The Coast Guard invites comments on the subjects of courses; the

appropriate minimal amounts of instruction; and the advisability of

substituting field training or simulations for actual practice.

Tankship: Dangerous Liquids. This course consists of a training

program appropriate to the duties of the Tankerman-PIC responsible for

loading and discharging and for care in transit of or handling cargo on

oil and chemical tankers; the course covers safety of oil and chemical

tankers, fire-safety measures and systems, pollution prevention and

control, operational practice, and regulations. It is designed to take

full account of STCW regulations V/1 and V/2. Successful completion of

it will satisfy the training requirements of Secs. 13.209, 13.309,

13.409, and 13.509 for dangerous liquids. To adequately cover the

required material, the Coast Guard reckons, the course must last 40

hours.

Tankship: Liquefied Gases. This course consists of a training

program appropriate to the duties of the Tankerman-PIC responsible for

loading and discharging and for care in transit of or handling cargo on

liquefied-gas tankers; the course covers safety of liquefied-gas

tankers, fire-safety measures and systems, pollution prevention and

control, operational practice, and regulations. It is designed to take

full account of STCW regulation V/3. Successful completion of it will

satisfy the training requirements of Secs. 13.209, 13.309, 13.409, and

13.509 for liquefied gases. To adequately cover the required material,

the Coast Guard reckons, the course must last 40 hours.

Tank barge: Dangerous Liquids. This course consists of a training

program appropriate to the duties of the Tankerman-PIC (Barge)

responsible for loading and discharging and for care in transit of or

handling cargo on oil and chemical tank barges; the course covers

safety of oil and chemical tank barges, fire-safety measures and

systems, pollution prevention and control, operational practice, and

regulations. Successful completion of it will meet the training

requirements of Sec. 13.309 for dangerous liquids. To adequately cover

the required material, the Coast Guard reckons, the course must last 40

hours.

Tank barge: Liquefied gases. This course consists of a training

program appropriate to the duties of the Tankerman-PIC (Barge)

responsible for loading and discharging and for care in transit of or

handling cargo on liquefied-gas tank barges; the course covers safety

of liquefied-gas tank barges, fire-safety measures and systems,

pollution prevention and control, operational practice, and

regulations. Successful completion of it will meet the training

requirements of Sec. 13.309 for liquefied gases. To adequately cover

the required material, the Coast Guard reckons, the course must last 40

hours.

Firefighting. The course in tank-barge firefighting consists of a

training program appropriate to the duties of the Tankerman-PIC (Barge)

responsible for fire-safety training. The methods must include hands-on

practice in extinguishing fires with portable fire extinguishers.

Successful completion of it will meet the requirements of Sec. 13.307

for fire-safety training. To adequately cover the required material,

the Coast Guard reckons, the course must last 16 hours. Successful

completion of a course approved by the Commandant and meeting the basic

firefighting section of the IMO's Resolution A.437 (XI), ``Training of

Crews in Fire Fighting'', will satisfy the requirements for

Secs. 13.207, 13.407, and 13.507, as well as for Sec. 13.307.

19. Other Comments

Several comments suggested changes of an editorial nature. Because

these are not of a substantive nature, the Coast Guard has not

discussed them in this preamble; but it has incorporated them

throughout this interim rule.

Regulatory Evaluation

This interim rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that Order. It has not been reviewed by the Office of Management and

Budget (OMB) under that Order. It is not significant under the

Regulatory Policies and Procedures of the Department of Transportation

(44 FR 11040 (February 26, 1979)). In early 1980, the Coast Guard

performed a Regulatory Evaluation (with an Environmental Impact

Statement) on the proposed rule concerning qualifications of persons in

charge of transfers of oil and hazardous material and concerning

tankerman requirements and placed it in the rulemaking docket, where a

full Regulatory Evaluation later joined it. They may be inspected or

copied at the office of the Marine Safety Council (G-LRA) (CGD 79-116),

Room 3406, U.S. Coast Guard Headquarters, 2100 Second Street SW.,

Washington, DC, from 8 a.m. to 3 p.m., weekdays except Federal

holidays.

Although the Regulatory Evaluation was begun over 15 years ago, and

was finished in August 1989, the conclusions (given some updating of

the discount rates) remain valid. The costs associated with this rule

arise primarily from the training of tankermen. This rule requires

people serving as tankermen to obtain from the Coast Guard U.S.

Merchant Mariners' Documents endorsed as ``Tankerman-PIC'',

``Tankerman-PIC (Barge)'', restricted ``Tankerman-PIC'', restricted

``Tankerman-PIC (Barge)'', ``Tankerman-Assistant'', or ``Tankerman-

Engineer''. People serving as tankerman will have [[Page 17140]] to

meet standards for amounts of experience, for completion of training

courses, and for physical fitness.

Almost all of the costs resulting from this rule would arise from

the training of tankermen in firefighting and in transfers of liquid

cargoes. Firefighting training became a requirement for a license from

the Coast Guard in December 1988. For 92% of the licensed personnel

affected by this rule, the cost of this training is a cost of holding a

license, not of becoming a qualified tankerman. This training will

mainly increase the cost for unlicensed personnel applying for

tankerman endorsements. These personnel applying for these endorsements

will have to complete a liquid-cargo course. An applicant restricted to

specific cargoes or groups of cargoes, specific vessels, specific

facilities, specific employers, or the like need only take the

firefighting course. Expenses to complete the firefighting and liquid-

cargo courses will vary, depending on their sources; in-house courses

should cost less than courses offered by independent schools. Unless

their employers offer the courses, tankermen likely will bear the

expense for the training, and complete it on their own time. Tuition

might cost $100.00 a day, with courses lasting up to five days.

Miscellaneous expenses for travel, meals, and lodging will sometimes

accrue, too, at $20.00 to $100.00 a day. Since the endorsement is valid

for five years, the expense should spread over five years as well. If

the average for tankerman is five days of training, the expense will be

about $800.00 for the first five years, or about $160.00 a year. For

subsequent five-year intervals the applicant need only show two

transfers, not attend any other courses. So, for a tankerman serving 30

years, the expense will come to about $27.00 a year. Training 10,000

people at $27.00 a year costs $270,000.00 a year. Since about 800 new

tankermen enter the calling each year (at $800.00 a head), $640,000.00

must also be added each year to arrive at the total expense for the

industry--$910,000.00 a year. The public has recognized that there is a

tremendous need for improving the qualification and training of

personnel in transfer and in pollution prevention, to prevent accidents

and pollution. This rule will go toward reducing the risks of accidents

and pollution affecting the United States. Statistical research has

shown that American society is willing to pay $2.6 million to save just

one life. Hence, even if this rule saves only one life each year, the

benefit outweighs the expense by about $1.7 million a year.

This rule will not increase manning, but will require personnel

already in the calling to receive training and documentation related to

their service. Most tank-vessel companies already require high

standards of experience and training for people serving as tankermen.

Since this rule does not require any large expenditures by the maritime

industry, consumers, or Federal, State, or local governments, the Coast

Guard does not expect it to have significant economic impact.

Small Entities

The Coast Guard certifies that this interim rule will not have a

significant economic impact on a substantial number of small entities.

This rule applies to U.S. Merchant Mariners' Documents endorsed as

``Tankerman'' issued to individuals only. The effect on training

schools would be to formalize the requirements to attend such industry-

specific training; now, such training is optional for individuals

serving as tankermen at the discretion of the owner or operator.

Therefore, the Coast Guard certifies under subsection 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will

not have a significant economic impact on a substantial number of small

entities.

Collection of Information

Under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.], OMB

reviews each proposed rule that contains a collection-of-information

requirement to determine whether the practical value of the information

is worth the burden imposed by its collection. Collection-of-

information requirements include reporting, recordkeeping,

notification, and other, similar requirements.

This interim rule contains collection-of-information requirements

in the following sections: 13.107, 13.109, 13.111, 13.113, 13.115,

13.117, 13.123, 13.201, 13.301, 13.401, 13.501. The following

particulars apply:

DOT No.: 2115.

OMB Control No.: 2115-0514 and 2115-0111.

Administration: U.S. Coast Guard.

Title: Qualifications for Tankermen, and for Persons in Charge of

Transfers of Dangerous Liquids and Liquefied Gases.

Need for Information: The Port and Tanker Safety Act (PTSA)

[codified as 46 U.S.C., Chapter 37] required the Secretary of

Transportation to prescribe regulations on, among other things,

personnel qualifications and manning standards for tank vessels of the

United States.

Proposed use of Information: This information is used by the Coast

Guard licensing officer at an REC. It is used to determine the

applicant's qualification to receive or continue to hold a tankerman's

endorsement to an MMD.

Frequency of Response: Every five years.

Burden Estimate: The Coast Guard estimates the total annual burden

on merchant mariners will be 8,900 hours.

Respondents: The regulatory impact will bear upon about 10,700

respondents.

Form(s): Application for Original, Supplemental, or Duplicate

Merchant Mariner's Document, CG-719B.

Average Burden-Hours for Each Respondent: The average burden hours

for each respondent is 0.83 hours (50 minutes).

The Coast Guard has submitted the requirements to OMB for review

under subsection 3504(h) of the Paperwork Reduction Act. Persons

submitting comments on the requirements should submit their comments

both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

The Coast Guard has analyzed this interim rule in accordance with

the principles and criteria contained in Executive Order 12612. It has

determined that this rule does not have sufficient implications for

federalism to warrant the preparation of a Federalism Assessment.

Environment

The overall effect of this interim rule will be to reduce the

amount of oil entering the navigable waters of the United States. The

adverse environmental effect of this rule will be nil. As far as the

Coast Guard can determine, this rule neither accomplishes short-term

environmental gains at the cost of long-term losses or the converse,

nor forecloses any future options, nor entails any significant

irreversible or irretrievable commitments of resources.

What little environmental impact this rule entails is positive. An

Environmental Assessment and a draft Finding of No Significant Impact

are available in the docket for inspection or copying where indicated

under ADDRESSES.

List of Subjects

33 CFR Part 154

Environmental protection, Oil pollution, Facilities, Water

pollution control, Vapor control. [[Page 17141]]

33 CFR Part 155

Environmental protection, Oil pollution, Vessels, Water pollution

control.

46 CFR Part 7

Boundary lines.

46 CFR Part 12

Seamen.

46 CFR Part 13

Seamen, Tank vessels, Barges.

46 CFR Part 15

Seamen, Vessels.

46 CFR Part 30

Administrative practice and procedure, Foreign relations, Hazardous

materials transportation, Penalties, Tank vessels, Barges.

46 CFR Part 31

Marine safety, Tank vessels, Barges, Law enforcement, Flammable

materials.

46 CFR Part 35

Marine safety, Navigation (water), Reporting requirements, Tank

vessels, Barges, Seamen.

46 CFR Part 78

Passenger vessels, Marine safety, Foreign trade, Treaties.

46 CFR Part 90

Cargo vessels, Marine safety, Administrative practice and

procedure, Authority delegation.

46 CFR Part 97

Cargo vessels, Marine safety, Reporting requirements.

46 CFR Part 98

Cargo vessels, Hazardous materials transportation, Marine safety.

46 CFR Part 105

Cargo vessels, Fishing vessels, Hazardous materials transportation,

Marine safety, Petroleum.

46 CFR Part 151

Hazardous materials transportation, Marine safety, Flammable

material, Tank vessels, Barges.

46 CFR Part 153

Hazardous materials transportation, Marine safety, Tank vessels,

Barges.

46 CFR Part 154

Hazardous materials transportation, Marine safety, Tank vessels.

For the reasons set out in the preamble, the Coast Guard amends 33

CFR parts 154 and 155, and 46 CFR parts 7, 12, 13, 15, 30, 31, 35, 78,

90, 97, 98, 105, 151, 153, and 154, as set forth below:

Title 33--Navigation and Navigable Waters

SUBCHAPTER O--POLLUTION

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

1. The authority citation for part 154 continues to read as

follows:

Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and

(m)(2); Sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is

also issued under 33 U.S.C. 2735.

2. Section 154.105 is amended by adding definitions as follows:

Sec. 154.105 Definitions.

Boundary Line means the lines described in 46 CFR Part 7.

* * * * *

STCW means the International Convention on Standards of Training,

Certification, and Watchkeeping for Seafarers, 1978.

* * * * *

Tankship means any tank vessel constructed or adapted primarily to

carry oil or hazardous material in bulk as cargo or as cargo residue

and propelled by power or sail.

* * * * *

PART 155--PREVENTION OF POLLUTION BY OIL OR HAZARDOUS MATERIAL FROM

VESSELS

3. The authority citation for Part 155 continues to read as

follows:

Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; Sec. 2, E.O.

12777, 56 FR 54757; 49 CFR 1.46. Sections 155.100 through 155.130,

155.350 through 155.400, 155.430, 155.440, 155.470, and 155.1010

through 155.1070, are also issued under 33 U.S.C. 1903(b); and

sections 155.1110 and 155.1150 are also issued under 33 U.S.C. 2735.

4. Section 155.700 is revised to read as follows:

Sec. 155.700 Designation of person in charge.

The operator or agent of each vessel with a capacity for 250 or

more barrels of fuel oil, cargo oil, or hazardous material shall

designate, either by name or by position in the crew, the person in

charge (PIC) or PICs of each transfer to or from the vessel and of each

tank-cleaning.

5. Section 155.710 is revised to read as follows:

Sec. 155.710 Qualifications of person in charge.

(a) On each tankship required to be documented under the laws of

the United States, the operator or agent of the vessel, or the person

who arranges and hires a person to be in charge either of a transfer of

liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or

her satisfaction that each person designated as a PIC--

(1) Of a transfer of liquid cargo in bulk--

(i) Has sufficient training and experience with the relevant

characteristics of the vessel on which he or she is engaged, including

the cargo for transfer, the cargo-containment system, the cargo system

(including transfer procedures, and shipboard-emergency equipment and

procedures), the control and monitoring systems, the procedures for

reporting pollution incidents, and, if installed, the systems for

crude-oil washing, inert gas, and vapor control, to safely conduct a

transfer;

(ii) Holds a license issued under 46 CFR part 10 authorizing

service aboard a vessel certified for voyages beyond the Boundary Line,

as described by 46 CFR part 7, except on tankships not certified for

voyages beyond the Boundary Line; and

(iii) Holds a ``Tankerman-PIC'' endorsement issued under 46 CFR

part 13 that authorizes the holder to supervise the transfer of the

particular cargo involved; and

(2) Of cargo-tank cleaning meets paragraph (a)(1) of this section,

except-

(i) A Coast Guard license is not required; and

(ii) If the tankship is at a tank-cleaning facility or shipyard, he

or she may hold a marine chemist's certificate issued by the National

Fire Protection Association, in lieu of a ``Tankerman-PIC''

endorsement.

(b) On each tank barge required to be inspected under 46 U.S.C.

3703, the operator or agent of the vessel, or the person who arranges

and hires a person to be in charge of a transfer of liquid cargo in

bulk, shall verify to his or her satisfaction that each PIC--

(1) Of a transfer of liquid cargo in bulk--

(i) Has sufficient training and experience with the relevant

characteristics of the vessel on which he or she is engaged, including

the cargo for transfer, the cargo-containment system, the cargo system

(including transfer procedures, and shipboard-emergency equipment and

procedures), the control and monitoring systems, the procedures for

reporting pollution incidents, and, if installed, the systems for

crude-oil washing, inert gas, and vapor control, to safely conduct a

transfer; and

(ii) Holds a ``Tankerman-PIC'' or ``Tankerman-PIC (Barge)''

endorsement [[Page 17142]] issued under 46 CFR part 13 that authorizes

the holder to supervise the transfer of the particular cargo involved;

and

(2) Of cargo-tank cleaning meets paragraph (b)(1) of this section,

except that, if the tank barge is at a tank-cleaning facility or

shipyard, he or she may hold a marine chemist's certificate issued by

the National Fire Protection Association, in lieu of a ``Tankerman-

PIC'' or ``Tankerman-PIC (Barge)'' endorsement.

(c) On each foreign tankship, the operator or agent of the vessel

shall verify to his or her satisfaction that each PIC either of a

transfer of liquid cargo in bulk or of cargo-tank cleaning--

(1) Has sufficient training and experience with the relevant

characteristics of the vessel on which he or she is engaged, including

the cargo for transfer, the cargo-containment system, the cargo system

(including transfer procedures, and shipboard-emergency equipment and

procedures), the control and monitoring systems, the procedures for

reporting pollution incidents, and, if installed, the systems for

crude-oil washing, inert gas, and vapor control, to safely conduct

either a transfer of liquid cargo in bulk or cargo-tank cleaning;

(2) Holds a license or other document issued by the flag state or

its authorized agent authorizing service as master, mate, pilot,

engineer, or operator on that vessel;

(3) Holds a Dangerous-Cargo Endorsement or Certificate issued by a

flag state party to STCW, or other form of evidence acceptable to the

Coast Guard, attesting the PIC's meeting the requirements of Chapter V

of STCW as a PIC either of the transfer of oil, chemical, or liquefied

gas or of cargo-tank cleaning, as appropriate to the cargo;

(4) Is capable of reading, speaking, and understanding in English,

or a language mutually-agreed-upon with the shoreside PIC of the

transfer, all instructions needed to commence, conduct, and complete a

transfer of cargo, except that the use of an interpreter meets this

requirement if the interpreter--

(i) Fluently speaks the language spoken by each PIC;

(ii) Is immediately available to the PIC on the tankship at all

times during the transfer; and

(iii) Is knowledgeable about, and conversant with terminology of,

ships and transfers; and

(5) Is capable of effectively communicating with all crew-members

involved in the transfer, with or without an interpreter.

(d) On each foreign tank barge, the operator or agent of the vessel

shall verify to his or her satisfaction that each PIC either of the

transfer of liquid cargo in bulk or of cargo-tank cleaning--

(1) Has sufficient training and experience with the relevant

characteristics of the vessel on which engaged, including the cargo for

transfer, the cargo-containment system, the cargo system (including

transfer procedures, and shipboard-emergency equipment and procedures),

the control and monitoring systems, the procedures for reporting

pollution incidents, and, if installed, the systems for crude-oil

washing, inert gas, and vapor control, to safely conduct a transfer;

(2) Holds a Dangerous-Cargo Endorsement or Certificate issued by a

flag state party to STCW, or other form of evidence acceptable to the

Coast Guard, attesting the PIC's meeting the requirements of Chapter V

of STCW as a PIC either of the transfer of oil, chemical, or liquefied

gas or of cargo-tank cleaning, as appropriate to the cargo;

(3) Is capable of reading, speaking, and understanding, in English

or a mutually-agreed-upon language with the PIC of the transfer, all

instructions needed to commence, conduct, and complete a transfer of

cargo, except that the use of an interpreter meets this requirement if

the interpreter--

(i) Fluently speaks the language spoken by each PIC;

(ii) Is immediately available to the PIC on the tank barge at all

times during the cargo transfer; and

(iii) Is knowledgeable about, and conversant with terminology of,

ships and transfers; and

(4) Is capable of effectively communicating with all crew-members

involved in the transfer, with or without an interpreter.

(e) The operator or agent of each vessel to which this section

applies shall verify to his or her satisfaction that the PIC of the

transfer of fuel oil--

(1) On each vessel required by 46 CFR chapter I to have a licensed

person aboard, holds a valid license issued under 46 CFR part 10

authorizing service as a master, mate, pilot, engineer, or operator

aboard that vessel.

(2) On each uninspected vessel of 100 or more gross tons, has been

instructed by the operator or agent of the vessel both in his or her

duties and in the Federal statutes and regulations on water pollution

that apply to the vessel.

(3) On each tank barge, for the vessel's own engine-driven pumps

has been instructed both in his or her duties and in the Federal

statutes and regulations on water pollution.

(4) On each foreign vessel, holds a license or certificate issued

by a flag state party to STCW, or other form of evidence acceptable to

the Coast Guard, attesting the qualifications of the PIC to act as

master, mate, pilot, operator, engineer, or tankerman aboard that

vessel.

(f) The operator or agent of each vessel carrying oil or hazardous

material in bulk other than a tank vessel shall verify to his or her

satisfaction that the PIC either of the transfer of oil or hazardous

material in bulk to or from a vessel or of cargo-tank cleaning--

(1) For cargo of grade D or E, holds a valid license or certificate

authorizing service as a master, mate, pilot, engineer, or operator

aboard that vessel; and

(2) For either cargo of grade C or above, regulated under 46 CFR

part 153, or liquefied gas, holds a valid license or certificate

authorizing service as a master, mate, pilot, engineer, or operator

aboard that vessel and a ``Tankerman-PIC'' endorsement, or other

documents acceptable to the Coast Guard attesting the holder's

qualifications to act as the PIC for the cargo carried.

(g) The PIC of cargo-tank cleaning on a vessel at a tank-cleaning

facility or shipyard need not hold any of the documents required in

paragraphs (a) through (f) of this section, if he or she holds a marine

chemist's certificate issued by the National Fire Protection

Association.

Title 46--Shipping

PART 12--CERTIFICATION OF SEAMEN

8. The authority citation for part 12 is revised to read as

follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 2110, 7301, 7701; 49

CFR 1.46.

Sec. 12.01-5 [Amended]

9. Paragraph (d) of Sec. 12.01-5 is removed.

Secs. 12.20-1, 12.20-3, and 12.20-5 (Subpart 12.20) [Removed]

10. Subpart 12.20, consisting of Secs. 12.20-1, 12.20-3, and 12.20-

5, is removed.

11. Part 13 is added to read as follows:

PART 13--CERTIFICATION OF TANKERMEN

Subpart A--General

Sec.

13.101 Purpose.

13.103 Definitions.

13.105 Paperwork approval.

13.107 Tankerman endorsement: General.

13.109 Tankerman endorsement: Authorized cargoes. [[Page 17143]]

13.111 Restricted endorsement.

13.113 Tankerman certified under prior regulations.

13.115 Licensed engineer: Endorsement as Tankerman-Engineer based on

service on tankships before March 31, 1996.

13.117 Any person: Endorsement as Tankerman-Assistant based on

unlicensed deck service before March 31, 1996.

13.119 Expiration of endorsement.

13.120 Renewal of endorsement.

13.121 Courses for training tankerman.

13.123 Recency of service or experience for original tankerman

endorsement.

13.125 Physical requirements.

13.127 Service requirements: General.

13.129 Quick-reference table for tankerman.

Subpart B--Requirements for ``Tankerman-PIC'' Endorsement

13.201 Original application for ``Tankerman-PIC'' endorsement.

13.203 Eligibility requirements: Experience.

13.305 Proof of service for ``Tankerman-PIC'' endorsement.

13.207 Eligibility requirements: Firefighting course.

13.209 Eligibility requirements: Cargo course.

Supart C--Requirements for ``Tankerman-PIC (Barge)'' Endorsement

13.301 Original application for ``Tankerman-PIC (Barge)''

endorsement.

13.303 Eligibility requirements: Experience.

13.305 Proof of service for ``Tankerman-PIC (Barge)'' endorsement.

13.307 Eligibility requirements: Firefighting course.

13.309 Eligibility requirements: Cargo course.

Subpart D--Requirements for ``Tankerman-Assistant'' Endorsement

13.401 Original application for ``Tankerman-Assistant'' endorsement.

13.403 Eligibility requirements: Experience.

13.405 Proof of service for ``Tankerman-Assistant'' endorsement.

13.407 Eligibility requirements: Firefighting course.

13.409 Eligibility requirements: Cargo course.

Subpart E--Requirements for ``Tankerman-Engineer'' Endorsement

13.501 Original application for ``Tankerman-Engineer'' endorsement.

13.503 Eligibility requirements: Experience.

13.505 Proof of service for ``Tankerman-Engineer'' endorsement.

13.507 Eligibility requirements: Firefighting course.

13.509 Eligibility requirements: Cargo course.

Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; 49 CFR 1.46.

Subpart A--General

Sec. 13.101 Purpose.

This part describes the various tankerman endorsements issued by

the Coast Guard and prescribes the requirements for obtaining an

endorsement as a ``Tankerman-PIC,'' ``Tankerman-PIC (Barge),''

``Tankerman-Assistant,'' or ``Tankerman-Engineer'' to a merchant

mariner's document.

Sec. 13.103 Definitions.

As used in this part:

Cargo Engineer means a licensed person on a dangerous-liquid

tankship or a liquefied-gas tankship whose primary responsibility is

maintaining the cargo system and cargo-handling equipment.

Competent person means a person designated as such in accordance

with 29 CFR 1915.7.

Dangerous liquid means a liquid listed in 46 CFR 153.40 that is not

a liquefied gas as defined in this part. Liquid cargoes in bulk listed

in 46 CFR Part 153, Table 2, are not dangerous-liquid cargoes when

carried by non-oceangoing barges.

DL means dangerous liquid.

IMO means the International Maritime Organization.

Liquefied gas means a cargo that has a vapor pressure of 172 kPa

(25 psia) or more at 37.8 C (100 F).

LG means liquefied gas.

Liquid cargo in bulk means a liquid or liquefied gas listed in 46

CFR 153.40 and carried as a liquid cargo or liquid-cargo residue in

integral, fixed, or portable tanks.

Marine chemist means a person certificated by the National Fire

Protection Association.

MMD means a merchant mariner's document issued by the Coast Guard.

Participation, when used with regard to the service on transfers

required for tankerman by Sec. 13.120, 13.203, or 13.303, means either

actual participation in the transfers or close observation of how the

transfers are conducted and supervised.

PIC means a person in charge.

Restricted Tankerman endorsement means a valid tankerman

endorsement to an MMD restricted to specific cargoes or groups of

cargoes, specific vessels, specific facilities, specific employers, or

the like.

Simulated transfer means a transfer practiced in a course meeting

the requirements of Sec. 13.121 that uses simulation supplying part of

the service on transfers required for tankerman by Sec. 13.203 or

13.303.

Tank barge means a non-self-propelled tank vessel.

Tank vessel means a vessel constructed or adapted to carry, or a

vessel that carries, oil or hazardous material in bulk as cargo or

cargo residue.

Tankerman-Assistant means a person holding a valid ``Tankerman-

Assistant'' endorsement to his or her MMD.

Tankerman-Engineer means a person holding a valid ``Tankerman-

Engineer'' endorsement to his or her MMD.

Tankerman-PIC means a person holding a valid ``Tankerman-PIC''

endorsement to his or her MMD.

Tankerman-PIC (Barge) means a person holding a valid ``Tankerman-

PIC (Barge)'' endorsement to his or her MMD.

Tankship means any tank vessel constructed or adapted primarily to

carry oil or hazardous material in bulk as cargo or as cargo residue

and propelled by power or sail.

Transfer means any movement of dangerous liquid or liquefied gas as

cargo in bulk or as cargo residue to, from, or within a vessel by means

of pumping, gravitation, or displacement. Section 13.127 describes what

qualifies as participation in a creditable transfer.

Sec. 13.105 Paperwork approval.

(a) This section lists the control numbers assigned by the Office

of Management and Budget (OMB) under the Paperwork Reduction Act of

1980 [Pub. L. 96-511] for the reporting and recordkeeping requirements

in this part.

(b) OMB has assigned the following control numbers to the sections

indicated:

(1) OMB 2115-0514--46 CFR 13.113, 13.115, 13.117, 13.201, 13.203,

13.205, 13.301, 13.303, 13.305, 13.401, 13.403, 13.405, 13.501, 13.503,

13.505.

(2) OMB 2115-0111--46 CFR 13.121, 13.207, 13.209, 13.307, 13.309,

13.407, 13.409, 13.507, 13.509.

Sec. 13.107 Tankerman endorsement: General.

(a) If an applicant meets the requirements of subpart B of this

part, the Officer in Charge, Marine Inspection (OCMI), at a Regional

Examination Center (REC) may endorse his or her MMD as ``Tankerman-

PIC'' with the appropriate cargo classification or classifications. A

person holding this endorsement and meeting the other requirements of

33 CFR 155.710(a) may act as a PIC of transfers of liquid cargo in bulk

on either tankships or tank barges.

(b) If an applicant meets the requirements of Subpart C of this

part, the OCMI may endorse his or her MMD as ``Tankerman-PIC (Barge)''

with the appropriate cargo classification or classifications. A person

holding this endorsement and meeting the other requirements of 33 CFR

155.710(b) may act as a PIC of transfers of liquid cargo in bulk only

on tank barges.

(c) If an applicant meets the requirements of subpart D of this

part, the OCMI may endorse his or her MMD [[Page 17144]] as

``Tankerman-Assistant'' with the appropriate cargo classification or

classifications. No person holding this endorsement may act as a PIC of

any transfer of liquid cargo in bulk unless he or she also holds an

endorsement authorizing service as PIC. He or she may, however, perform

duties relative to cargo and cargo-handling equipment assigned by the

PIC of transfers of liquid cargo in bulk without being under the direct

supervision of the PIC. When performing these duties, he or she shall

maintain continuous two-way voice communications with the PIC.

(d) If an applicant meets the requirements of subpart E of this

part, the OCMI may endorse his or her MMD as ``Tankerman-Engineer.'' No

person holding this endorsement may act as a PIC or ``Tankerman-

Assistant'' of any transfer of liquid cargo in bulk unless he or she

also holds an endorsement authorizing such service. A person holding

this endorsement and acting in this capacity has the primary

responsibility on tank vessels carrying dangerous liquids and liquefied

gases for maintaining the cargo systems and equipment for transfer of

liquids in bulk aboard and for bunkering. No person licensed under part

10 of this chapter may serve as a chief engineer, first assistant

engineer, or cargo engineer aboard an inspected tankship when liquid

cargo in bulk or cargo residue is carried unless he or she holds this

endorsement.

(e) If an applicant meets the requirements of Sec. 13.111 of this

part, the OCMI may endorse his or her MMD as a ``Tankerman-PIC'' with a

specific restriction or restrictions. A person holding this endorsement

may act as Tankerman-PIC or Tankerman-PIC (Barge) for specific cargoes

or groups of cargoes, specific vessels, specific facilities, specific

employers, or the like.

(f) A tankerman wishing to obtain an endorsement that he or she

does not hold shall apply at an REC listed in Sec. 10.105 of this

chapter. If he or she meets all requirements for the new endorsement,

the REC may issue a new MMD including the endorsement.

Sec. 13.109 Tankerman endorsement: Authorized cargoes.

(a) Each tankerman endorsement described in Sec. 13.107 will

expressly limit the holder's service under it to transfers involving

one or both of the following cargo classifications:

(1) Dangerous liquid (DL).

(2) Liquefied gas (LG).

(b) No tankerman endorsement is necessary to transfer the liquid

cargoes in bulk listed in Table 2 of Part 153 of this chapter when

those cargoes are carried on barges not certified for ocean service.

(c) A tankerman having qualified in one cargo classification and

wishing to qualify in another shall apply at an REC listed in

Sec. 10.105 of this chapter. If he or she meets all requirements for

the other, the REC may issue a new MMD including the endorsement.

Sec. 13.111 Restricted endorsement.

(a) An applicant may apply at an REC listed in 46 CFR 10.105 for a

tankerman endorsement restricted to specific cargoes or groups of

cargoes, specific vessels, specific facilities, specific employers, or

the like. The OCMI will evaluate each application and may modify the

applicable requirements for the endorsement, making allowance for

special circumstances and for whichever restrictions the endorsement

will state.

(b) To qualify for a restricted ``Tankerman-PIC'' endorsement, an

applicant shall meet Sec. 13.201, excluding paragraph (f).

(c) To qualify for a restricted ``Tankerman-PIC (Barge)''

endorsement, an applicant shall meet Sec. 13.301, excluding paragraph

(f).

(d) To qualify for a restricted ``Tankerman-PIC (Barge)''

endorsement restricted to a tank-cleaning and gas-freeing facility, an

applicant shall--

(1) Be at least 18 years old;

(2) Apply on a Coast Guard form;

(3) Present evidence of passing a physical examination in

accordance with Sec. 13.125;

(4) Present evidence in the form of a letter on company letterhead

from the operator of the facility stating that OSHA considers the

applicant a ``competent person'' for the facility and that the

applicant has the knowledge necessary to supervise tank-cleaning and

gas-freeing; and

(5) Be capable of speaking and understanding, in English, all

instructions needed to commence, conduct, and complete a transfer of

cargo, and of reading the English found in the Declaration of

Inspection, vessel response plans, and Cargo Information Cards.

(e) The restricted ``Tankerman-PIC (Barge)'' endorsement restricted

to a tank-cleaning and gas-freeing facility is valid only while the

applicant is employed by the operator of the facility that provided the

letter of service required by paragraph (d)(4) of this section, and

this and any other appropriate restrictions will appear in the

endorsement.

Sec. 13.113 Tankerman certified under prior regulations.

(a) A person who holds a license issued under part 10 of this

chapter, and who as a PIC transferred liquid cargoes in bulk before

March 31, 1996, may continue to serve as a ``Tankerman-PIC'' under the

license until the first renewal of his or her MMD under 12.02-27 of

this chapter that occurs after March 31, 1997, as follows:

(1) A person holding a current license issued under part 10 of this

chapter may act as a ``Tankerman-PIC'' if he or she can produce a

letter on company letterhead from the owner, operator, master, or chief

engineer of the vessel that proves his or her qualifying service as

required by paragraph (d)(1)(iii) of this section.

(2) A person that cannot produce a letter to prove his or her

qualifying service may submit relevant evidence to an REC for

evaluation. If the OCMI determines that the person does qualify under

paragraph (a) of this section, the OCMI will issue a letter of

acknowledgment as a substitute for a letter of service.

(b) A person who holds a current ``Tankerman'' endorsement issued

before March 31, 1996, may continue to serve as a Tankerman-PIC (Barge)

until the first renewal of his or her MMD under Sec. 12.02-27 of this

chapter that occurs after March 31, 1997. If a person with such an

endorsement qualifies for a non-tankerman endorsement that requires a

new MMD, he or she may bring the tankerman endorsement forward onto the

new MMD.

(c) A person who served as PIC for the transfer of liquid cargoes

in bulk listed in subchapter O but who did not require a tankerman

endorsement, because they were non-flammable or non-combustible

liquids, may act as a ``Tankerman-PIC (Barge)'' for those liquid

cargoes until March 31, 2001, if he or she produces a letter--on

company letterhead, from the owner or operator of a terminal or of a

tank barge or from the owner, operator, or master of a tankship that

proves his or her qualifying service as required by paragraph

(e)(1)(iii) of this section.

(d) A person that qualifies under paragraph (a) of this section by

holding a current license may apply for a ``Tankerman-PIC'' endorsement

under this subpart.

(1) To qualify for a ``Tankerman-PIC'' endorsement, a licensed

officer shall present--

(i) A certificate of completion from a course in shipboard

firefighting approved by the Commandant and meeting the basic

firefighting section of the IMO's Resolution A.437 (XI),

[[Page 17145]] ``Training of Crews in Fire Fighting'', or a certificate

of completion from a firefighting course before March 31, 1996, that

the OCMI finds in substantial compliance with that section;

(ii) A certificate of completion from a liquid-cargo course in DL

or LG approved by the Commandant, appropriate to the endorsement

applied for, or a certificate of completion from a liquid-cargo course

in DL or LG up to ten years before March 31, 1996, that the OCMI finds

acceptable under Secs. 13.121(e) (1) and (2), appropriate to the

endorsement applied for; and

(iii) Evidence of service as follows:

(A) A letter on company letterhead from the owner, operator,

master, or chief engineer of the vessel attesting that the applicant--

(1) Acted as the PIC of the transfer of DL or LG, appropriate to

the endorsement applied for, on tankships before March 31, 1996, and

has so acted within five years of the date of application; or

(2) Served at least 30 days as a master or mate on tankships

certified to carry DL or LG, appropriate to the endorsement applied for

before March 31, 1996, and has so acted within five years of the date

of application; or

(B) Certificates of Discharge proving at least 30 days of service

as master or mate on tankships certified to carry DL or LG, appropriate

to the endorsement applied for before March 31, 1996, with a discharge

date within five years of the date of application.

(2) To qualify for a restricted ``Tankerman-PIC'' endorsement,

based on his or her cargo-handling experience for the grades handled,

an applicant shall meet paragraphs (d)(1) (i) and (iii) of this

section.

(e) A person who qualifies under paragraph (b) of this section by

holding a current ``Tankerman'' endorsement or under paragraph (c) of

this section by having served as PIC for the transfer of liquid cargoes

in bulk that are listed in subchapter O but that did not require a

tankerman endorsement may apply for a ``Tankerman-PIC (Barge)''

endorsement under this subpart.

(1) To qualify for a ``Tankerman-PIC (Barge)'' endorsement, an

applicant shall present--

(i) Evidence of training in firefighting in the form of--

(A) A certificate of completion from a course in shipboard

firefighting approved by the Commandant and meeting the basic

firefighting section of the IMO's Resolution A.437 (XI), ``Training of

Crews in Fire Fighting'', or a certificate of completion from such a

course before March 31, 1996, that the OCMI finds in substantial

compliance with that section;

(B) A certificate of completion from a training course meeting

Sec. 13.121 in tank-barge firefighting or a certificate of completion

from a course in tank-barge firefighting before March 31, 1996, that

the OCMI finds in substantial compliance with Sec. 13.121; or

(C) A letter on company letterhead from the owner, operator,

master, or chief engineer attesting that before March 31, 1996, the

applicant received training in awareness of flammability hazards and in

firefighting through a program, lecture, or seminar that included

hands-on firefighting that the OCMI finds in substantial compliance

with Sec. 13.121;

(ii) A certificate of completion from a liquid-cargo course in DL

or LG approved by the Commandant, appropriate to the endorsement

applied for, or a certificate of completion from a liquid-cargo course

in DL or LG up to ten years before March 31, 1996, that the OCMI

determines substantially covers the material required by Table

13.121(f); and

(iii) Evidence of service on company letterhead from the owner,

operator, master, or chief engineer of the vessel attesting that the

applicant acted as the PIC of the transfer for DL or LG, appropriate to

the endorsement applied for on tank vessels, before March 31, 1996, and

has so acted within five years of the date of application.

(2) To qualify for a restricted ``Tankerman-PIC (Barge)''

endorsement, based on his or her cargo-handling experience for the

grades handled, an applicant shall meet all the requirements of

paragraphs (e)(1) (i) and (iii) of this section.

(f) Each person qualifying under this section shall obtain a

tankerman endorsement at the first renewal of his or her MMD under

Sec. 12.02-27 of this chapter that occurs after March 31, 1997.

(g) The following table relates the experience and training to the

endorsement for tankerman certified under prior regulations. The

section numbers on the table refer to the specific requirements

applicable.

Table 13.113.--Tankerman Certified Under Prior Regulations

------------------------------------------------------------------------

Service after

effective date Requirements for Requirements for

Before effective but before permanent RESTRICTED

date served as-- permanent endorsement to endorsement to

endorsement: an MMD: an MMD:

------------------------------------------------------------------------

Licensed Officer. May serve as: Tankerman-PIC Tankerman-PIC

Sec. 13.113(a) Sec. 13.113(d)( Sec. 13.113(d)(

Tankerman-PIC. 1). 2).

Limitations: None Service: Service Service: Service

Allowed until: letter from letter from

First renewal of company rep as company rep as

MMD. PIC of DL or LG PIC of DL or LG

cargo transfer, cargo transfer,

or 30 days' or 30 days'

service as service as

master or mate master or mate

on tankships on tankships

carrying DL or carrying DL or

LG.. LG.

Service Courses: Liquid- Course:

documentation: cargo course in Firefighting

Service letter the appropriate course.

from company rep. cargo grade, &

Firefighting.

MMD with a May serve as: Tankerman-PIC Tankerman-PIC

Tankerman's Sec. 13.113(b) (Barge) Sec. (Barge) Sec.

endorsement. Tankerman-PIC 13.113(e)(1). 13.113(e)(2).

(Barge).

Limitations: Service: Service Service: Service

Grade of cargo letter from letter from

on existing MMD. company rep as company rep as

Until: First Service letter PIC of DL or LG

renewal of MMD. PIC of DL or LG cargo transfer.

cargo transfer.

Documentation: Courses: Liquid- Course: Tank-

None. cargo course in barge

the appropriate firefighting.

cargo grade, &

Tank-barge

firefighting.

PIC-Subchapter O May serve as: Tankerman-PIC Tankerman-PIC

Non-flammable Sec. 13.113(c) (Barge) Sec. (Barge) Sec.

and Non- Tankerman-PIC 13.113(e)(1). 13.113(e)(2).

combustible. (Barge).

[[Page 17146]]

Limited to: Service: Service Service: Service

Subchapter-O letter from letter from

products company rep as company rep as

previously PIC of DL or LG PIC of DL or LG

transferred. cargo transfer. cargo transfer

Until: 5 years

after effective

date.

Documentation: Courses: Liquid- Course: Tank-

Service letter cargo course in barge

from company rep the appropriate firefighting.

as PIC. cargo Tank-

barge

firefighting.

------------------------------------------------------------------------

Sec. 13.115 Licensed engineer: Endorsement as Tankerman-Engineer based

on service on tankships before March 31, 1996.

A licensed person with service as chief, first assistant, or cargo

engineer on at least one tankship before March 31, 1996, may, at any

time until the first renewal of his or her MMD under Sec. 12.02-27 of

this chapter that occurs after March 31, 1997, apply for a ``Tankerman-

Engineer'' endorsement under this subpart if he or she presents

either--

(a) A letter on company letterhead from the owner, operator,

master, or chief engineer of the vessel attesting that the applicant

served at least 30 days as chief, first assistant, or cargo engineer on

tankships certified to carry DL or LG, appropriate to the endorsement

applied for before March 31, 1996, and has so served within five years

of the date of application; or

(b) Certificates of Discharge proving at least 30 days of service

as chief, first assistant, or cargo engineer on tankships certified to

carry DL or LG, appropriate to the endorsement applied for before March

31, 1996, with a discharge date within five years of the date of

application.

Sec. 13.117 Any person: Endorsement as Tankerman-Assistant based on

unlicensed deck service before March 31, 1996.

A person with unlicensed deck service on tankships before March 31,

1996, may, at any time until the first renewal of his or her MMD under

Sec. 12.02-27 of this chapter that occurs after March 31, 1997, apply

for a ``Tankerman-Assistant'' endorsement under this subpart if the

applicant presents either--

(a) A letter on company letterhead from the owner, operator, or

master of the vessel attesting that the applicant served at least 30

days of deck service on tankships certified to carry DL or LG,

appropriate to the endorsement applied for before March 31, 1996, and

has so served within five years of the date of application; or

(b) Certificates of Discharge proving at least 30 days of deck

service on tankships certified to carry DL or LG, appropriate to the

endorsement applied for before March 31, 1996, with a discharge date

within five years of the date of application.

Sec. 13.119 Expiration of endorsement.

An endorsement as tankerman is valid for the duration of the MMD.

Sec. 13.120 Renewal of endorsement.

An applicant wishing to renew a tankerman's endorsement shall meet

the requirements of Sec. 12.02-27 of this chapter for renewing an MMD

and provide evidence of participation in at least two transfers during

the past five years in accordance with Sec. 13.127(b) or of completion

of an approved course.

Sec. 13.121 Courses for training tankerman.

(a) This section prescribes the requirements, beyond those in

Secs. 10.203 and 10.303 of this chapter, applicable to schools offering

courses required for a tankerman endorsement and courses that are a

substitute for experience with transfers of liquid cargo in bulk

required for the endorsement.

(b) Upon satisfactory completion of an approved course, each

student shall receive a certificate, signed by the head of the school

offering the course or by a designated representative, indicating the

title of the course, the duration, and, if appropriate, credit allowed

towards meeting the transfer requirements of this part.

(c) A course that uses simulated transfers to train students in

loading and discharging tank vessels may replace a specific number of

the transfers required for a ``Tankerman-PIC'' or ``Tankerman-PIC

(Barge)'' endorsement. The letter from the Coast Guard approving the

course will state the number and kind of transfers the course replaces.

(d) The course in liquid cargo required for an endorsement as--

(1) ``Tankerman-PIC DL'' is Tankship: Dangerous Liquids;

(2) ``Tankerman-PIC (Barge) DL'' is Tank Barge: Dangerous Liquids;

(3) ``Tankerman-PIC LG'' is Tankship: Liquefied Gases; and

(4) ``Tankerman-PIC (Barge) LG'' is Tank Barge: Liquefied Gases.

(e) The course in firefighting required for an endorsement as--

(1) ``Tankerman-PIC (Barge)'' is Tank Barge: Firefighting; and

(2) ``Tankerman-PIC'', ``Tankerman-Assistant'', and ``Tankerman-

Engineer'' is a firefighting course that meets the basic firefighting

section of the IMO's Resolution A.437 (XI), ``Training of Crews in Fire

Fighting''.

(f) No school may issue a certificate unless the student has

successfully completed an approved course with the appropriate

curriculum outlined in Table 13.121(f).

(g) An organization with a course in DL or LG or a course in tank-

barge firefighting taught before March 31, 1996, that substantially

covered the material required by Table 13.121(f) for liquid cargoes and

by Table 13.121(g) for firefighting may seek approval under Sec. 10.302

of this chapter from the Coast Guard for any course taught up to ten

years before March 31, 1996.

Table 13.121(f)

----------------------------------------------------------------------------------------------------------------

Course topics 1 2 3 4

----------------------------------------------------------------------------------------------------------------

General characteristics, compatibility, reaction,

firefighting procedures, and safety precautions for

the cargoes of:

Bulk liquids defined as Dangerous Liquids in 46 x x ............. .............

CFR Part 13.

Bulk liquefied gases & their vapors defined as ............. ............. x x

Liquefied Gases in 46 CFR Part 13.

Physical phenomena of liquefied gas, including:

Basic concept................................... ............. ............. x x

[[Page 17147]]

Compression & expansion......................... ............. ............. x x

Mechanism of heat transfer...................... ............. ............. x x

Potential hazards of liquefied gas, including:

Chemical & physical properties.................. ............. ............. x x

Combustion characteristics...................... ............. ............. x x

Results of gas release to the atmosphere........ ............. ............. x x

Health hazards (skin contact, inhalation, & ............. ............. x x

ingestion).

Control of flammability range with inert gas.... ............. ............. x x

Thermal stress in structure & piping of vessel.. ............. ............. x x

Cargo systems, including:

Principles of containment systems............... x x x x

Construction, materials, coatings, & insulation x x x x

of cargo tanks.

General arrangement of cargo tanks.............. x x x x

Venting & vapor-control systems................. x x x x

Cargo-handling systems, including:

Piping systems, valves, pumps, & expansion x x x x

systems.

Operating characteristics....................... x x x x

Instrumentation systems, including:

Cargo-level indicators.......................... x x x x

Gas-detecting systems........................... x x x x

Temperature-monitoring systems, cargo........... x x x x

Temperature-monitoring systems, hull............ x x x x

Automatic-shutdown systems...................... x x x x

Auxiliary systems, including:

Ventilation, inerting........................... x x x x

Valves, including:

Quick-closing................................. x x x x

Remote-control................................ x x x x

Pneumatic..................................... x x x x

Excess-flow................................... x x x x

Safety-relief................................. x x x x

Pressure-vacuum............................... x x x x

Heating-systems: cofferdams & ballast tanks..... x x

Operations connected with loading & discharging of

cargo, including:

Lining up of cargo system and vapor-control x x x x

system.

Pre-transfer inspections........................ x x x x

Pre-transfer conference and completion of the x x x x

Declaration of Inspection.

Hooking up of cargo hose, loading arms, and x x x x

grounding-strap.

Starting of liquid flow......................... x x x x

Calculation of loading rates.................... x x x x

Monitoring of loading rates..................... x x x x

Discussion of loading........................... x x x x

Ballasting & deballasting....................... x x x x

Topping off of cargo tanks...................... x x x x

Discussion of discharging....................... x x x x

Stripping of cargo tanks........................ x x x x

Monitoring of transfers......................... x x x x

Gauging of cargo tanks.......................... x x x x

Disconnecting of cargo hoses or loading arms.... x x x x

Operating procedures & sequence for:

Inerting of cargo tanks & void spaces........... x x x x

Cooldown & warmup of cargo tanks................ x x

Gas-freeing..................................... x x x x

Loaded or ballasted voyages..................... x x x x

Testing of cargo-tank atmospheres for oxygen & x x x x

cargo vapor.

Load plan, stability, & stress connected with:

Loading of cargo................................ x x x x

Discharging of cargo............................ x x x x

Ballasting & deballasting....................... x x

Loadline, draft, & trim............................. x x x x

Disposal of boil-off, including:

System design................................... x x

Safety features................................. x x

Stability-letter requirements....................... x x x x

Rules (for tank barge & tankship, both international x x x x

& Federal) pertaining to operational procedures &

pollution prevention.

Pollution prevention, including:

Procedures to prevent air & water pollution..... x x x x

Measures to take in event of spillage........... x x x x

Danger from drift of vapor cloud................ x x x x

Emergency procedures for the following, including

notice to appropriate authorities:

Fire............................................ x x x x

[[Page 17148]]

Collision....................................... x x x x

Grounding....................................... x x x x

Equipment failure............................... x x x x

Leaks & spills.................................. x x x x

Structural failure.............................. x x x x

Emergency discharge of cargo.................... x x x x

Entering of cargo tanks......................... x x x x

Emergency shutdown of cargo-handling............ x x x x

Emergency systems for closing cargo tanks....... x x x x

Safety precautions relative to:

Dangers of skin contact......................... x x ............. .............

Inhalation of vapors............................ x x ............. .............

Electricity & static electricity: hazards & x x ............. .............

precautions.

Terminology of tankships for oil & chemicals........ x ............. .............

Terminology of tank barges for oil & chemicals...... x x ............. .............

Terminology of tankships for liquefied gases........ ............. ............. x

Terminology of tank barges for liquefied gases...... ............. ............. x

Principles & procedures of Crude-Oil-Washing (COW)

systems, including:

Purpose......................................... x x ............. .............

Equipment & design.............................. x x ............. .............

Operations...................................... x x

Safety precautions.............................. x x ............. .............

Maintenance of plant & equipment................ x x ............. .............

Principles & procedures of Inert-Gas Systems (IGS),

including:

Purpose......................................... x x x .............

Equipment & design.............................. x x x .............

Operations...................................... x x x .............

Safety precautions.............................. x x x .............

Maintenance of plant & equipment................ x x x .............

Cargo-tank cleaning: procuredures & precautions. x x ............. .............

Principles & procedures of vapor-control recovery

systems, including:

Purpose......................................... x x x x

Principles...................................... x x x x

Components...................................... x x x x

Hazards......................................... x x x x

Coast Guard regulations......................... x x x x

Operating procedures, including:

Testing & inspection requirements............... x x x x

Pre-transfer procedures......................... x x x x

Connecting sequence............................. x x x x

Start-up procedures............................. x x x x

Normal operations............................... x x x x

Emergency procedures, including notice of release... x x x x

Information systems on hazards of cargo............. x x x x

Safe entry into confined spaces, including:

Definitions & hazards of confined spaces........ x x x x

Evaluation & assessment of risks & hazards...... x x x x

Safety precautions & procedures................. x x x x

Personal protective equipment (PPE)............. x x x x

Maintenance of PPE.............................. x x x x

Emergency procedures............................ x x x x

Federal regulations, national standards, & x x x x

industry guidelines.

Inspections by marine chemists & competent x x x x

persons, including hot-work permits &

procedures.

Vessel Response Plans:

Purpose, content, & location of information..... x x x x

Procedures for notice & mitigation of spills.... x x x x

Geographic-specific appendices.................. x x x x

Vessel-specific appendices...................... x x x x

Emergency-action checklist...................... x x x x

----------------------------------------------------------------------------------------------------------------

(\1\)Tankerman-PIC DL.

(\2\)Tankerman-PIC (Barge) DL.

(\3\)Tankerman-PIC LG.

(\4\)Tankerman-PIC (Barge) LG.

Table 13.121(g)

------------------------------------------------------------------------

Course topics 1 2

------------------------------------------------------------------------

Elements of fire (Fire triangle):

Fuel................................ X X

[[Page 17149]]

Source of ignition.................. X X

Oxygen.............................. X X

Ignition sources (general):

Chemical............................ ............ X

Biological.......................... ............ X

Physical............................ ............ X

Ignition sources applicable to barges... X ............

Definitions of flammability and

combustibility:

Flammability........................ ............ X

Ignition point...................... X X

Burning temperature................. X X

Burning speed....................... ............ X

Thermal value....................... ............ X

Lower flammable limit............... X X

Upper flammable limit............... X X

Flammable range..................... X X

Inerting............................ X X

Static electricity.................. X X

Flash point......................... X X

Auto-ignition....................... X X

Spread of fire:

By radiation........................ X X

By convection....................... X X

By conduction....................... X X

Reactivity.............................. X X

Fire classifications and applicable

extinguishing agents................... X X

Main causes of fires:

Oil leakage......................... X X

Smoking............................. X X

Overheating pumps................... X X

Galley appliances................... ............ X

Spontaneous ignition................ X X

Hot work............................ X X

Electrical apparatus................ ............ X

Reaction, self-heating, and auto-

ignition........................... ............ X

Fire prevention:

General............................. X X

Fire hazards of DL and LG........... X ............

Fire detection:

Fire- and smoke-detection systems... ............ X

Automatic fire alarms............... ............ X

Firefighting equipment:

Fire mains, hydrants................ ............ X

International shore-connection...... ............ X

Smothering-installations, carbon

dioxide (CO2), foam................ ............ X

Halogenated hydrocarbons............ ............ X

Pressure-water spray system in

special-category spaces............ ............ X

Automatic sprinkler system.......... ............ X

Emergency fire pump, emergency

generator.......................... ............ X

Chemical-powder applicants.......... ............ X

General outline of required and

mobile apparatus................... ............ X

Fireman's outfit, personal equipment ............ X

Breathing apparatus................. ............ X

Resuscitation apparatus............. ............ X

Smoke helmet or mask................ ............ X

Fireproof life-line and harness..... ............ X

Fire hose, nozzles, connections, and

fire axes.......................... ............ X

Fire blankets....................... ............ X

Portable fire extinguishers......... X X

Limitations of portable and

semiportable extinguishers......... X ............

Emergency procedures:

Arrangements:

Escape routes....................... X X

Means of gas-freeing tanks.......... X X

Class A, B, and C divisions......... ............ X

Inert-gas system.................... ............ X

Ship firefighting organization:

General alarms...................... ............ X

Fire-control plans, muster stations,

and duties......................... ............ X

Communications...................... ............ X

Periodic shipboard drills........... ............ X

Patrol system....................... ............ X

[[Page 17150]]

Basic firefighting techniques:

Sounding alarm...................... X X

Locating and isolating fires........ X X

Stopping leakage of cargo........... X ............

Jettisoning......................... ............ X

Inhibiting.......................... ............ X

Cooling............................. ............ X

Smothering.......................... ............ X

Sizing up situation................. X ............

Locating information on cargo....... X ............

Extinguishing....................... ............ X

Extinguishing with portable units... X ............

Setting reflash watch............... X X

Using additional personnel.......... X ............

Firefighting extinguishing-agents:

Water (solid jet, spray, fog, and

flooding).......................... ............ X

Foam (high, medium and low

expansion)......................... ............ X

Carbon dioxide (CO2)................ X X

Halon............................... ............ X

Aqueous-film-forming foam (AFFF).... ............ X

Dry chemicals....................... X X

Use of extinguisher on:

Flammable and combustible liquids... X ............

Manifold-flange fire................ X ............

Drip-pan fire....................... X ............

Pump fire........................... X ............

Drills for typical fires on barges...... X ............

Field exercises:

Extinguish small fires using portable

extinguishers:

Electrical.......................... X X

Manifold-flange..................... X X

Drip-pan............................ X X

Pump................................ X X

Use self-contained breathing apparatus.. ............ X

Extinguish extensive fires with water... ............ X

Extinguish fires with foam, or chemical. ............ X

Fight fire in smoke-filled enclosed

space wearing SCBA..................... ............ X

Extinguish fire with water fog in an

enclosed space with heavy smoke........ ............ X

Extinguish oil fire with fog applicator

and spray nozzles, dry-chemical, or

foam applicators....................... ............ X

Effect a rescue in a smoke-filled space

while wearing breathing apparatus...... ............ X

------------------------------------------------------------------------

(1) Course in tank-barge firefighting.

(2) From the basic firefighting section of the IMO's Resolution A.437

(XI), ``Training of Crews in Fire Fighting''.

Sec. 13.123 Recency of service or experience for original tankerman

endorsement.

An applicant for an original tankerman endorsement in subpart B, C,

D, or E of this part shall have obtained at least 25% of the qualifying

service and, if the endorsement requires transfers, at least two of the

qualifying transfers, within five years of the date of application.

Sec. 13.125 Physical requirements.

Each applicant for an original tankerman endorsement shall meet the

physical requirements of Sec. 10.205(d) of this chapter, excluding

paragraph (d)(2) of that section.

Sec. 13.127 Service requirements: general.

(a) A service letter must specify--

(1) The classification of cargo (DL, LG, or, for a restricted

endorsement, a specific product) handled while the applicant

accumulated the service;

(2) The dates, the number and kinds of transfers the applicant has

participated in, and the number of transfers that involved commencement

or completion; and

(3) That the applicant has demonstrated to the satisfaction of the

signer that he or she is fully capable of supervising transfers of

liquid cargo, including

(i) Pre-transfer inspection;

(ii) Pre-transfer conference and execution of the Declaration of

Inspection;

(iii) Connection of cargo hoses or loading-arms;

(iv) Line-up of the cargo system for loading and discharge;

(v) Start of liquid flow during loading;

(vi) Start of cargo pump and increase of pressure to normal

discharge pressure;

(vii) Calculation of loading-rates;

(viii) Monitoring;

(ix) Topping-off of cargo tanks during loading;

(x) Stripping of cargo tanks;

(xi) Ballasting and deballasting, if appropriate;

(xii) Disconnection of the cargo hoses or loading-arms; and

(xiii) Securing of cargo systems.

(b) In determining the numbers and kinds of transfers that the

applicant has participated in under paragraph (a)(2) of this section,

the following rules apply:

(1) A transfer must involve the loading or discharge from at least

one of the vessel's cargo tanks to or from a shore facility or another

vessel. A shift of cargo from one tank to another tank is not a

transfer for this purpose.

(2) Regardless of how long the transfer lasts beyond four hours, it

counts as only one transfer.

(3) A transfer must include both a commencement and a completion.

(4) Regardless of how many tanks or products are being loaded or

discharged [[Page 17151]] at the same time, a person may receive credit

for only one transfer, one loading, and one discharge a watch.

(5) Credit for a transfer during a watch of less than four hours

accrues only if the watch includes either the connection and the

commencement of transfer or the completion of transfer and the

disconnection.

(6) Credit for a commencement of loading accrues only if the

applicant participates in the pre-transfer inspection, the pre-transfer

conference including execution of the Declaration of Inspection, the

connection of cargo hoses or loading-arms, the line-up of the cargo

system for the loading, the start of liquid flow, and the calculation

of loading-rates.

(7) Credit for a commencement of discharge accrues only if the

applicant participates in the pre-transfer inspection, the pre-transfer

conference including execution of the Declaration of Inspection, the

connection of cargo hoses or loading-arms, the line-up of the cargo

system for the discharge, the start of the cargo pump or pumps and

increase of pressure to normal pressure for discharge, and the

monitoring of discharge rates.

(8) Credit for a completion of transfer, whether loading or

discharge, accrues only if the applicant participates in the topping-

off at the loading port, or in the stripping of cargo tanks and the

commencement of ballasting, if required by the vessel's transfer

procedures, at the discharge port.

Sec. 13.129 Quick-reference table for tankerman.

Table 13.129 provides a guide to the requirements for various

tankerman endorsements. Provisions in the reference sections are

controlling.

Table 13.129

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Proof of Firefighting English

Category Minimum age Physical required Service Recency of service service certificate Course language

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Tankerman PIC Subpart B 18: 13.201(a)... Yes: 13.125....... Yes: 13.203, 30 days Yes: 13.123, 25% of Yes: 13.205, Yes: 13.207, Basic F/ Yes: 13.209, DL or LG. Yes: 13.201(g).

licensed or 60 days service, 2 transfers Letter. F*.

unlicensed and 10 within 5 yrs.

cargo transfers.

Tankerman PIC (Barge) 18: 13.301(a)... Yes: 13.125....... Yes: 13.303, 60 days on Yes: 13.123, 25% of Yes: 13.305, Yes: 13.307, Basic F/ Yes: 13.309, DL or LG. Yes: 13.301(g).

Subpart C. T/Vs or 6 months on T/ service, 2 transfers Letter. F* or Tank-barge F/F.

Bs and 10 cargo within 5 yrs.

transfers.

Tankerman Assistant 18: 13.401(a)... Yes: 13.125....... Yes: 13.403, 90 days on Yes: 13.123, 25% of Yes: 13.405, Yes: 13.407, Basic F/ Yes: 13.409, Cargo Yes: 13.401(f).

Subpart D. tankships or attend a service, within 5 yrs. Letter. F*. course or 90 days

cargo course. service.

Tankerman Engineer 18: 13.501(a)... Yes: 13.125....... Yes: 13.503, 90 days Yes: 13.123, 25% of Yes: 13.505, Yes: 13.507, Basic F/ Yes: 13.509, Cargo Yes: 13.501(g).

Subpart E. licensed or 30 days service, within 5 yrs. Letter. F*. course or service

licensed and requirements.

completion of a DL or

LG course or 60 days

unlicensed and

completion of a DL or

LG course.

Restricted Tankerman 18: 13.111(b)... Yes: 13.111(b).... Yes: 13.111(b), 30 days Yes: 13.111(b), 25% of Yes: 3.111(b), Yes: 13.111(b), Basic No.................... Yes: 13.111(b).

PIC. licensed or 60 days service, 2 transfers Letter. F/F*.

unlicensed and 10 within 5 yrs.

cargo transfers.

Restricted Tankerman 18: 13.111(c)... Yes: 13.111(c).... Yes: 13.111(c), 60 days Yes: 13.111(c), 25% of Yes: Yes: 13.111(c), Basic No.................... Yes: 13.111(c).

PIC (Barge). on T/Vs or 6 months on service, 2 transfers 13.111(c), F/F* or Tank-barge F/

T/Bs and 10 cargo within 5 yrs. Letter. F.

transfers.

Restricted Tankerman 18: 13.111(d)... Yes: 13.111(d).... Yes: 13.111(d)(4), No..................... Yes: No.................... No.................... Yes: 13.111(d).

PIC (Barge) facility. ``Competent Person'' 13.111(d),

and knowledge of tank- Letter.

cleaning, gas-freeing.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

*From the basic firefighting section of the IMO's Resolution A.437 (XI), ``Training of Crews in Fire Fighting''.

Subpart B--Requirements for ``Tankerman-PIC'' Endorsement.

Sec. 13.201 Original application for ``Tankerman-PIC'' endorsement.

Each applicant for an original ``Tankerman-PIC'' endorsement

shall--

(a) Be at least 18 years old;

(b) Apply on a Coast Guard form;

(c) Present evidence of passing a physical examination in

accordance with Sec. 13.125;

(d) Present evidence of service on tankships in accordance with

Sec. 13.203;

(e) Meet the requirement of a course on firefighting in

Sec. 13.207;

(f) Meet the requirement of a course in DL or LG appropriate for

the endorsement applied for in Sec. 13.209; and

(g) Be capable of speaking and understanding, in English, all

instructions needed to commence, conduct, and complete a transfer of

cargo, and be capable of reading the English found in the Declaration

of Inspection, vessel response plans, and Cargo Information Cards.

[[Page 17152]]

Sec. 13.203 Eligibility requirements: Experience.

Each applicant for a ``Tankerman-PIC'' endorsement for DL or LG

shall meet the requirements of either paragraphs (a) and (b) or

paragraph (c) of this section.

(a) Each applicant shall present evidence of--

(1) At least 30 days of service as a licensed deck officer or a

licensed engineering officer on one or more tankships certified to

carry DL or LG appropriate to the endorsement applied for;

(2) At least 60 days of unlicensed service on deck or in the engine

department on one or more tankships certified to carry DL or LG

appropriate to the endorsement applied for; or

(3) A mixture of licensed and unlicensed service on deck or in the

engine department on tankships certified to carry DL or LG appropriate

to the endorsement applied for equivalent to 30 days of licensed

service, every 2 days of unlicensed service counting as 1 day of

licensed service.

(b) Each applicant shall present evidence of participation, under

the supervision of a ``Tankerman-PIC,'' in at least ten transfers of

liquid cargo in bulk of the classification desired on tankships,

including at least--

(1) Five loadings and five discharges;

(2) Two commencements of loading and two completions of loading;

and

(3) Two commencements of discharge and two completions of

discharge.

(c) Each applicant already holding an MMD endorsed ``Tankerman-

PIC'' for DL and seeking an endorsement for LG, or the converse,

shall--

(1) Provide evidence of at least half the service required by

paragraph (a) of this section; and

(2) Comply with paragraph (b) of this section, except that he or

she need provide evidence of only three loadings and three discharges

along with evidence of compliance with paragraphs (b)(2) and (3) of

this section.

Sec. 13.205 Proof of service for ``Tankerman-PIC'' endorsement.

Service must be proved by a letter on company letterhead from the

owner, operator, or master of the vessel on which the applicant

obtained the service. The letter must contain the information described

in Sec. 13.127(a).

Sec. 13.207 Eligibility requirements: Firefighting course.

Each applicant for an original ``Tankerman-PIC'' endorsement shall

present a certificate of successful completion from a course in

shipboard firefighting, approved by the Commandant and meeting the

basic firefighting section of the IMO's Resolution A.437 (XI),

``Training of Crews in Fire Fighting'', completed within five years of

the date of application for the endorsement, unless he or she has

previously submitted such a certificate for a license or a tankerman

endorsement.

Sec. 13.209 Eligibility requirements: Cargo course.

Each applicant for an original ``Tankerman-PIC'' endorsement shall

present a certificate of completion from a course in DL or LG,

appropriate for tankships, approved by the Commandant, appropriate to

the endorsement applied for, within two years of the date of

application.

Subpart C--Requirements for ``Tankerman-PIC (Barge)'' Endorsement

Sec. 13.301 Original application for ``Tankerman-PIC (Barge)''

endorsement.

Each applicant for a ``Tankerman-PIC (Barge)'' endorsement shall--

(a) Be at least 18 years old;

(b) Apply on a Coast Guard form;

(c) Present evidence of passing a physical examination in

accordance with Sec. 13.125;

(d) Present evidence of service on tank vessels in accordance with

Sec. 13.303;

(e) Meet the requirement of a firefighting course in Sec. 13.307;

(f) Meet the requirement of a course in DL or LG appropriate for

the endorsement applied for in Sec. 13.309; and

(g) Be capable of speaking, and understanding, in English, all

instructions needed to commence, conduct, and complete a transfer of

cargo, and be capable of reading the English found in the Declaration

of Inspection, vessel response plans, and Cargo Information Cards.

Sec. 13.303 Eligibility requirements: Experience.

Each applicant for a ``Tankerman-PIC (Barge)'' endorsement for DL

or LG shall meet the requirements of either paragraphs (a) and (b) or

paragraph (c) of this section.

(a) Each applicant shall present evidence of--

(1) At least 60 days of service on one or more tank vessels

certified to carry DL or LG appropriate to the endorsement applied for;

or

(2) At least 6 months of closely related service directly involved

with tank barges appropriate to the endorsement applied for; and

(b) Participation, under the supervision of a ``Tankerman-PIC'' or

``Tankerman-PIC (Barge),'' in at least ten transfers of liquid cargo in

bulk of the classification desired on tankships or tank barges,

including at least--

(1) Five loadings and five discharges;

(2) Two commencements of loading and two completions of loading;

and

(3) Two commencements of discharge and two completions of

discharge.

(c) Each applicant already holding an MMD endorsed ``Tankerman-PIC

(Barge)'' for DL and seeking an endorsement for LG, or the converse,

shall--

(1) Provide evidence of at least half the service required by

paragraph (a) of this section; and

(2) Comply with paragraph (b) of this section, except that he or

she need provide evidence of only three loadings and three discharges

along with evidence of compliance with paragraphs (b)(2) and (3) of

this section.

Sec. 13.305 Proof of service for ``Tankerman-PIC (Barge)''

endorsement.

Service must be proved by a letter on company letterhead from a

terminal owner or operator; a tank barge owner or operator; or the

owner, operator, or master of a tankship. The letter must contain the

information required by Sec. 13.127(a), excluding paragraph

(a)(3)(vii).

Sec. 13.307 Eligibility requirements: Firefighting course.

Each applicant for a ``Tankerman-PIC (Barge)'' endorsement shall

present a certificate of successful completion from--

(a) A course in shipboard firefighting, approved by the Commandant

and meeting the basic firefighting section of the IMO's Resolution

A.437 (XI), ``Training of Crews in Fire Fighting'', completed within

five years of the date of application for the endorsement, unless he or

she has previously submitted such a certificate for a license or a

tankerman endorsement;

(b) A course in tank-barge firefighting, approved by the Commandant

and meeting Sec. 13.121, completed within five years of the date of

application for the endorsement.

Sec. 13.309 Eligibility requirements: Cargo course.

Each applicant for an original ``Tankerman-PIC (Barge)''

endorsement shall present a certificate of completion from a course in

DL or LG approved by the Commandant, appropriate to the endorsement

applied for, within two years of the date of application.

[[Page 17153]]

Subpart D--Requirements for ``Tankerman-Assistant'' Endorsement

Sec. 13.401 Original application for ``Tankerman-Assistant''

endorsement.

Each applicant for a ``Tankerman-Assistant'' endorsement shall--

(a) Be at least 18 years old;

(b) Apply on a Coast Guard form;

(c) Present evidence of passing a physical examination in

accordance with Sec. 13.125;

(d) Meet the requirement of a firefighting course in Sec. 13.407;

(e) (1) Meet the requirement of a course in DL or LG appropriate

for the endorsement applied for in Sec. 13.409; or

(2) Present evidence of service on tankships in accordance with

Sec. 13.403; and

(f) Be capable of speaking and understanding, in English, all

instructions needed to commence, conduct, and complete a transfer of

cargo.

Sec. 13.403 Eligibility requirements: Experience.

(a) Each applicant for a ``Tankerman-Assistant'' endorsement shall

present--

(1) Evidence of at least 90 days of deck service on tankships

certified to carry DL or LG appropriate to the endorsement applied for;

or

(2) A certificate of completion from a course in DL or LG

appropriate for the endorsement applied for as prescribed in

Sec. 13.409.

(b) Each applicant already holding an MMD endorsed ``Tankerman-

Assistant'' for DL and seeking one for LG, or the converse, shall--

(1) Provide evidence of at least half the service required in

paragraph (a)(1) of this section; or

(2) Meet the requirement of a course in DL or LG appropriate for

the endorsement applied for as prescribed in Sec. 13.409.

Sec. 13.405 Proof of service for ``Tankerman-Assistant'' endorsement.

(a) Service must be proved by a letter on company letterhead from

the owner, operator, or master of a tankship. The letter must specify--

(1) The classification of cargo (DL or LG) carried while the

applicant accumulated the service;

(2) The number of days of deck service the applicant accumulated on

the tankship; and

(3) That the applicant has demonstrated an understanding of cargo

transfer and a sense of responsibility that, in the opinion of the

signer, will allow the applicant to safely carry out duties respecting

cargo transfer and transfer equipment assigned by the PIC of the

transfer without direct supervision by the PIC; or

(b) Service must be proved by--

(1) Certificates of Discharge from tankships with the appropriate

classification of cargo (DL, LG, or both); and

(2) A letter on company letterhead from the owner, operator, or

master of one of the tankships stating that he or she has

demonstrated--

(i) An understanding of cargo transfer; and

(ii) A sense of responsibility that, in the opinion of the signer,

will allow him or her to safely carry out duties respecting cargo and

its equipment assigned by the PIC of the transfer without direct

supervision by the PIC.

Sec. 13.407 Eligibility requirements: Firefighting course.

Each applicant for a ``Tankerman-Assistant'' endorsement shall

present a certificate of successful completion from a course in

shipboard firefighting, approved by the Commandant and meeting the

basic firefighting section of the IMO's Resolution A.437 (XI),

``Training of Crews in Fire Fighting'', completed within five years of

the date of application for the endorsement, unless he or she has

previously submitted such a certificate from one of these courses for a

license or endorsement.

Sec. 13.409 Eligibility requirements: Cargo course.

Each applicant for an original ``Tankerman-Assistant'' endorsement

that has not presented the required service on tankships must present a

certificate of completion from a course in DL or LG, appropriate for

tankships, approved by the Commandant, appropriate to the endorsement

applied for, within two years of the date of application.

Subpart E--Requirements for ``Tankerman-Engineer'' Endorsement

Sec. 13.501 Original application for ``Tankerman-Engineer''

endorsement.

Each applicant for a ``Tankerman-Engineer'' endorsement shall--

(a) Be at least 18 years old;

(b) Apply on a Coast Guard form;

(c) Present evidence of passing a physical examination in

accordance with Sec. 13.125;

(d) Present evidence of service on tankships in accordance with

Sec. 13.503;

(e) Meet the requirement of a firefighting course in Sec. 13.507;

(f) Meet the requirement of a course in DL or LG appropriate for

the endorsement applied for in Sec. 13.509; and

(g) Be capable of speaking and understanding, in English, all

instructions needed to commence, conduct, and complete a transfer of

cargo.

Sec. 13.503 Eligibility requirements: Experience.

(a) Each applicant for a ``Tankerman-Engineer'' endorsement shall

present evidence of at least--

(1) 90 days of service as a licensed engineering officer on

tankships certified to carry DL or LG appropriate to the endorsement

applied for;

(2) 30 days of service as a licensed engineering officer on

tankships certified to carry DL or LG appropriate to the endorsement

applied for, and a certificate of completion from a course in DL or LG

appropriate for the endorsement applied for as prescribed by

Sec. 13.509(a); or

(3) 60 days of unlicensed service in the engine department on

tankships certified to carry DL or LG appropriate to the endorsement

applied for, and a certificate of completion from a course in DL or LG

appropriate for the endorsement applied for as prescribed by

Sec. 13.509(a).

(b) Each applicant already holding an MMD endorsed ``Tankerman-

Engineer'' for DL and seeking one for LG, or the converse, shall

provide evidence of at least half the service required by--

(1) Paragraph (a)(1) of this section; or

(2) Paragraph (a)(2) or (3) of this section, and a certificate of

completion from a course in DL or LG appropriate for the endorsement

applied for as prescribed by Sec. 13.509(a).

Sec. 13.505 Proof of service for ``Tankerman-Engineer'' endorsement.

(a) Service must be proved by a letter on company letterhead from

the owner, operator, or master or chief engineer of a tankship. The

letter must specify--

(1) The classification of cargo (DL, LG, or both) carried while the

applicant accumulated the service; and

(2) The number of days of licensed and unlicensed service in the

engine department on tankships; or

(b) Service must be proved by certificates of discharge from

tankships with the appropriate classification of cargo (DL, LG, or

both).

Sec. 13.507 Eligibility requirements: Firefighting course.

Each applicant for a ``Tankerman-Engineer'' endorsement shall

present a certificate of successful completion from a course in

shipboard firefighting, approved by the Commandant and meeting the

basic firefighting section of the IMO's Resolution A.437 (XI),

``Training of Crews in Fire Fighting'', [[Page 17154]] completed within

five years of the date of application for the endorsement, unless he or

she has previously submitted such a certificate for a license or

tankerman endorsement.

Sec. 13.509 Eligibility requirements: Cargo course.

Each applicant for an original ``Tankerman-Engineer'' endorsement

that has not presented service prescribed by Sec. 13.503(a)(1) must

present a certificate of completion from a course in DL or LG,

appropriate for tankships, approved by the Commandant, appropriate to

the endorsement applied for, within two years of the date of

application.

PART 15--MANNING REQUIREMENTS

12. The authority citation for part 15 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3703, 8105; 49 CFR 1.45, 1.46.

13. Section 15.301 is amended by revising paragraphs (a) and (c)

and adding a new paragraph (d), to read as follows:

Sec. 15.301 Definitions of terms in this part.

(a) * * *

Tank barge means a non-self-propelled tank vessel.

Tank vessel means a vessel that is constructed or adapted to carry,

or that carries, oil or hazardous material in bulk as cargo or cargo

residue.

Tankship means any tank vessel constructed or adapted primarily to

carry oil or hazardous material in bulk as cargo or cargo residue and

propelled by power or sail.

Transfer means any movement of dangerous liquid or liquefied gas as

cargo in bulk or as cargo residue to, from, or within a vessel by means

of pumping, gravitation, or displacement. Section 13.127 of this

chapter describes what qualifies as participation in a creditable

transfer.

* * * * *

(c) The following ratings are established in part 12 of this

chapter. When used in this part, terms for the ratings identify persons

holding valid merchant mariners' documents for service in the ratings

issued under that part:

(1) Able seaman.

(2) Ordinary seaman.

(3) Qualified member of the engine department.

(4) Lifeboatman.

(5) Wiper.

(6) Steward's department (F.H.).

(d) The following ratings are established in part 13 of this

chapter. When used in this part, the terms for the ratings identify

persons holding valid merchant mariners' documents for service in the

ratings issued under that part:

(1) Tankerman-PIC.

(2) Tankerman-PIC (Barge).

(3) Restricted Tankerman-PIC.

(4) Restricted Tankerman-PIC (Barge).

(5) Tankerman-Assistant.

(6) Tankerman-Engineer.

14. Section 15.860 is added to subpart G, to read as follows:

Sec. 15.860 Tankerman.

(a) The Officer in Charge, Marine Inspection, enters on the

Certificate of Inspection issued to each manned tank vessel subject to

the regulations in this chapter the number of crewmembers required to

hold valid merchant mariners' documents with the proper tankerman

endorsement. Table 15.860(a)(1) provides the minimal requirements for

tankermen aboard manned tank vessels; Table 15.860(a)(2) provides the

tankerman endorsements required for personnel aboard tankships.

(b) For each tankship of more than 5,000 gross tons certified for

voyages beyond the Boundary Line:

(1) The number of ``Tankerman-PICs'' or restricted ``Tankerman-

PICs'' carried must be not fewer than two.

(2) The number of ``Tankerman-Assistants'' carried must be not

fewer than three.

(3) The number of ``Tankerman-Engineers'' carried must be not fewer

than two.

(c) For each tankship of 5,000 gross tons or less certified for

voyages beyond the Boundary Line:

(1) The number of ``Tankerman-PICs'' or restricted ``Tankerman-

PICs'' carried must be not fewer than two.

(2) The number of ``Tankerman-Engineers'' carried must be not fewer

than two, unless only one engineer is required, in which case the

number of ``Tankerman-Engineers'' carried may be just one.

(d) For each tankship not certified for voyages beyond the Boundary

Line, if the total crew complement is:

(1) One or two, the number of ``Tankerman-PICs'' or restricted

``Tankerman-PICs'' carried may be just one.

(2) More than two, the number of ``Tankerman-PICs'' or restricted

``Tankerman-PICs'' carried must be not fewer than two.

(e) For each tank barge manned under Sec. 31.15-5 of this chapter,

if the total crew complement is:

(1) One or two, the number of ``Tankerman-PICs'', restricted

``Tankerman-PICs'', ``Tankerman-PICs (Barge)'', or restricted

``Tankerman-PICs (Barge)'' carried may be just one.

(2) More than two, the number of ``Tankerman-PICs'', restricted

``Tankerman-PICs'', ``Tankerman-PICs (Barge)'', or restricted

``Tankerman-PICs (Barge)'' carried must be not fewer than two.

(f) The following personnel aboard each tankship certified for

voyages beyond the Boundary Line shall hold valid merchant mariners'

documents, endorsed as follows:

(1) The master and chief mate shall each hold a ``Tankerman-PIC''

or restricted ``Tankerman-PIC'' endorsement.

(2) The chief, first assistant, and cargo engineers shall each hold

a ``Tankerman-Engineer'' or ``Tankerman (PIC)'' endorsement.

(3) Each licensed person acting as the PIC of a transfer of liquid

cargo in bulk shall hold a ``Tankerman-PIC'' or restricted ``Tankerman-

PIC'' endorsement.

(4) Each licensed or unlicensed person, who is assigned by the PIC

duties and responsibilities related to the cargo or cargo-handling

equipment during a transfer of liquid cargo in bulk but is not directly

supervised by the PIC, shall hold a ``Tankerman-Assistant''

endorsement.

(g) The endorsements required by this section must be for the

classification of the liquid cargo in bulk or of the cargo residue

being carried.

Table 15.860(a)(1).--Minimal Requirements for Tankermen Aboard Manned

Tank Vessels

------------------------------------------------------------------------

Tankerman

Tankerman Tankerman Tankerman PIC or

Tank vessels PIC assistant engineer tankerman

PIC (barge)

------------------------------------------------------------------------

Tankship Certified

for Voyages Beyond

Boundary Line:

Over 5000 GT.... 2 3 2 ...........

5000 GT or less. 2 ........... *2 ...........

[[Page 17155]]Tanksh

ip Not Certified

for Voyages Beyond

Boundary Line...... **2 ........... ........... ...........

Tank Barge Certified

for Voyages Beyond

Boundary Line...... ........... ........... ........... ***2

------------------------------------------------------------------------

*If only one engineer is required, then only one Tankerman Engineer is

required.

**If the total crew complement is one or two persons, then only one

Tankerman PIC is required.

***If the total crew complement is one or two persons, then only one

Tankerman PIC or Tankerman PIC (Barge) is required.

Table 15.860(a)(2).--Tankermen Endorsements Required for Personnel

Aboard Tankships

[Endorsement for the Classification of the Bulk Liquid Cargo or Residues

Carried]

------------------------------------------------------------------------

Tankship certified for

voyages beyond Tankerman Tankerman Tankerman

boundary line PIC engineer assistant

------------------------------------------------------------------------

Master................

Chief Mate............

Chief Engineer........ or

First Assistant

Engineer............. or

Cargo Engineer........ or

Licensed Person Acting

as PIC of Transfer of

Liquid Cargo in Bulk.

Licensed or Unlicensed

Person Not Directly

Supervised by PIC.... ............ ...... ............

------------------------------------------------------------------------

SUBCHAPTER D--TANK VESSELS

PART 30--GENERAL PROVISIONS

15. The authority citation for part 30 continues to read as

follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804; 49 CFR

1.45, 1.46. Section 30.01-2 also issued under the authority of 44

U.S.C. 3507.

16. Section 30.10-71 is revised to read as follows:

Sec. 30.10-71 Tankerman--TB/ALL.

The following ratings are established in part 13 of this chapter.

The terms for the ratings identify persons holding valid merchant

mariners' documents for service in the ratings issued under that part:

(a) Tankerman-PIC.

(b) Tankerman-PIC (Barge).

(c) Restricted Tankerman-PIC.

(d) Restricted Tankerman-PIC (Barge).

(e) Tankerman-Assistant.

(f) Tankerman-Engineer.

PART 31--INSPECTION AND CERTIFICATION

17. The authority citation for part 31 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 5115, 8105,

9101, 9102; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,

p. 793; 49 CFR 1.46.

18. Section 31.15-1 is revised to read as follows:

Sec. 31.15-1 Licensed officers and crews--TB/ALL.

The Officer in Charge, Marine Inspection (OCMI), that inspects the

vessel enters on the Certificate of Inspection (COI) for each tank

vessel the complement of officers and crew that are required by statute

and regulation and that in the judgment of the OCMI are necessary for

its safe operation. The OCMI may change the complement from time to

time by endorsement to the COI for changes in conditions of employment.

PART 35--OPERATIONS

19. The authority citation for part 35 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101, 9101,

9102; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975

Comp., p. 793; E.O. 12234, 45 CFR 58801, 3 CFR, 1980 Comp., p. 277;

49 CFR 1.46.

20. Section 35.05-15 is amended by revising the section heading and

paragraph (b)(1) to read as follows:

Sec. 35.05-15 Tank vessel security--TB/ALL.

* * * * *

(b) * * *

(1) The owner, managing operator, master, and person in charge of a

vessel towing a tank barge that need not be manned, and each of them,

shall be responsible for monitoring the security and integrity of the

tank barge and for ensuring adherence to proper safety precautions.

These responsibilities include, but are not limited to--

(i) Ensuring that any tank barge added to the tow has all tank

openings properly secured; has its freeing-ports and scuppers, if any,

unobstructed; meets any loadline or freeboard requirements; and neither

leaks cargo into the water, voids, or cofferdams nor leaks water into

the tanks, voids, or cofferdams;

(ii) Ensuring that every tank barge in the tow is properly secured

within the tow;

(iii) Ensuring that periodic checks are made of every tank barge in

the tow for leakage of cargo into the water, voids, or cofferdams and

for leakage of water into the tanks, voids, or cofferdams;

(iv) Knowing the cargo of every tank barge in the tow, any hazards

associated with the cargo, and what to do on discovery of a leak;

(v) Ensuring that the crew of the vessel know the cargo of every

tank barge in the tow, any hazards associated with the cargo, and what

to do on discovery of a leak;

(vi) Reporting to the Coast Guard any leaks from a tank barge in

the tow into the water, as required by 33 CFR 151.15; and

(vii) Ensuring that the crew of the vessel and other personnel in

the vicinity of the tank barges in the tow follow the proper safety

precautions for tank vessels, and that no activity takes place in the

vicinity of the barges that could create a hazard.

* * * * *

21. Section 35.35-1 is revised to read as follows:

Sec. 35.35-1 Persons on duty--TB/ALL.

(a) On each tankship required to be documented under the laws of

the [[Page 17156]] United States, the owner, managing operator, master,

and person in charge of the vessel, and each of them, shall ensure

that--

(1) Enough ``Tankerman-PICs'' or restricted ``Tankerman-PICs'', and

``Tankerman-Assistants'', authorized for the classification of cargo

carried, are on duty to safely transfer liquid cargo in bulk or safely

clean cargo tanks; and

(2) Each transfer of liquid cargo in bulk and each cleaning of a

cargo tank is supervised by a person qualified to be the person in

charge of the transfer or the cleaning under subpart C of 33 CFR part

155.

(b) On each United States tank barge subject to inspection--

(1) The owner, managing operator, master, and person in charge of

the vessel, and each of them, shall ensure that no transfer of liquid

cargo in bulk or cleaning of a cargo tank takes place unless under the

supervision of a qualified person designated as the person in charge of

the transfer or the cleaning under subpart C of 33 CFR part 155; and

(2) The person designated as the person in charge of the transfer

shall ensure that--

(i) Enough qualified personnel are on duty to safely transfer

liquid cargo in bulk or safely clean cargo tanks; and

(ii) The approved portable extinguishers required by Table 34.50-

10(a) of this chapter are aboard and readily available before any

transfer of liquid cargo in bulk or any operation of barge machinery or

boilers.

(c) On each foreign tankship, the owner, managing operator, master,

and person in charge of the vessel, and each of them, shall ensure

that--

(1) Enough personnel, qualified for the classification of cargo

carried, are on duty to safely transfer liquid cargo in bulk or safely

clean cargo tanks; and

(2) Each transfer of liquid cargo in bulk and each cleaning of a

cargo tank is supervised by a qualified person designated as a person

in charge of the transfer or the cleaning under subpart C of 33 CFR

part 155.

(d) On each foreign tank barge--

(1) The owner, managing operator, master, and person in charge of

the vessel, and each of them, shall ensure that no transfer of liquid

cargo in bulk or cleaning of a cargo tank takes place unless under the

supervision of a qualified person designated as the person in charge of

the transfer or the cleaning under subpart C of 33 CFR part 155.

(2) The person designated as the person in charge of the transfer

shall ensure that enough qualified personnel are on duty to safely

transfer liquid cargo in bulk or safely clean cargo tanks.

(e) The person in charge of the transfer of liquid cargo in bulk on

the tank vessel shall be responsible for the safe loading and discharge

of the liquid cargo in bulk.

(f) The person in charge of the transfer of liquid cargo in bulk on

each United States tank vessel, when lightering to or from a foreign

tank vessel, shall ensure that the person in charge on the foreign tank

vessel, or his or her interpreter, is capable of reading, speaking, and

understanding the English language well enough to allow a safe

transfer.

22. Section 35.35-10 is revised to read as follows:

Sec. 35.35-10 Closing of freeing-ports, scuppers, and sea valves--TB/

ALL.

The person in charge of each transfer of liquid cargo in bulk shall

ensure that all freeing-ports and scuppers are properly plugged during

the transfer except on tank vessels using water for cooling decks.

Although under no circumstances may sea valves be secured by locks, the

valves must be closed, and lashed or sealed, to indicate that they

should not be opened during the transfer.

23. Section 35.35-15 is amended by revising paragraph (b) to read

as follows:

Sec. 35.35-15 Connecting for cargo transfer--TB/ALL.

* * * * *

(b) When cargo connections are supported by ship's tackle, the

person in charge of the transfer of liquid cargo in bulk shall

determine the weights involved to ensure that adequate tackle is used.

* * * * *

24. The heading and introductory text of Sec. 35.35-20 are revised

to read as follows:

Sec. 35.35-20 Inspection before transfer of cargo--TB/ALL.

Before the transfer of liquid cargo in bulk, the person in charge

of the transfer shall inspect the vessel to ensure the following:

* * * * *

25. Section 35.35-25 is revised to read as follows:

Sec. 35.35-25 Approval to start transfer of cargo--TB/ALL.

When the person in charge of the transfer of liquid cargo in bulk

has ensured that the requirements of Secs. 35.35-20 and 35.35-30 have

been met, he or she may give approval to start the transfer.

26. Section 35.35-30 is amended by revising the first sentence of

paragraph (a), the title and introductory text of the ``Declaration of

Inspection before Transfer of Liquid Cargo in Bulk'' of paragraph (b),

and by adding a new paragraph (13) to the ``Declaration of Inspection

'' in paragraph (b) to read as follows:

Sec. 35.35-30 ``Declaration of Inspection'' for tank vessel--TB/ALL.

(a) After an inspection under Sec. 35.35-20 but before a transfer

of cargo, the person in charge of the transfer shall prepare, in

duplicate, a Declaration of Inspection. * * *

(b) * * *

Declaration of Inspection Before Transfer of Liquid Cargo in Bulk

Date-------------------------------------------------------------------

Vessel-----------------------------------------------------------------

Port of----------------------------------------------------------------

Product[s] being transferred--(Classification[s] and Kind[s])

----------------------------------------------------------------------

----------------------------------------------------------------------

I, ____________________, the person in charge of the transfer of

liquid cargo in bulk about to begin, do certify that I have

personally inspected this vessel with reference to the following

requirements set forth in 46 CFR 35.35-20, and that opposite each of

the applicable items listed below I have indicated whether the

vessel complies with all pertinent regulations.

* * *

(13) Have the applicable sections of the vessel response plan

been reviewed before commencing transfer, and arrangements or

contingencies made for implementation of the Plan should the need

arise?

* * * * *

27. Section 35.35-35 is revised to read as follows:

Sec. 35.35-35 Duties of person in charge of transfer--TB/ALL.

The person in charge of the transfer of liquid cargo in bulk shall

control the transfer as follows:

(a) Supervise the operations of cargo-system valves.

(b) Commence transfer of cargo at slow rate of cargo flow.

(c) Observe cargo connections for leakage.

(d) Observe pressure on cargo system.

(e) If transfer is loading (rather than discharging), observe rate

of loading to avoid overflow of tanks.

28. Section 35.35-42 is revised to read as follows:

Sec. 35.35-42 Restrictions on vessels alongside a tank vessel loading

or unloading cargo of Grade A, B, or C--TB/ALL.

(a) No vessel may come alongside or remain alongside a tank vessel

in way of its cargo tanks while it is loading or unloading cargo of

Grade A, B, or C [[Page 17157]] without permission of the person in

charge of the transfer on the tank vessel.

(b) No vessel may come alongside or remain alongside a tank vessel

in way of its cargo tanks while it is loading or unloading cargo of

Grade A, B, or C unless the conditions then prevailing are acceptable

to the persons in charge of cargo-handling on both vessels.

29. Section 35.35-55 is amended by revising paragraph (a) to read

as follows:

Sec. 35.35-55 Transfer of other cargo or stores on tank vessels--TB/

ALL.

(a) No packaged goods, freight, or ship's stores may be loaded or

unloaded during the loading or unloading of cargo of Grade A, B, or C

except by permission of the person in charge of the transfer of liquid

cargo in bulk. No explosives may be loaded, unloaded, or carried as

cargo on any tank vessel containing cargo of Grade A, B, or C.

* * * * *

SUBCHAPTER H--PASSENGER VESSELS

PART 78--OPERATIONS

30. The authority citation for part 78 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 8105; 49

U.S.C. App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp.,

p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR

1.46.

31. Subpart 78.95 consisting of Sec. 78.95-1 is added to read as

follows:

Subpart 78.95--Person in Charge of Transfer of Liquid Cargo in Bulk

Sec. 78.95-1 General.

A qualified person in charge of a transfer of liquid cargo in bulk

shall be designated in accordance with subpart C of 33 CFR part 155.

SUBCHAPTER I--CARGO AND MISCELLANEOUS VESSELS

PART 90--GENERAL PROVISIONS

32. The authority citation for part 90 continues to read as

follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

33. Section 90.10-42 is added to read as follows:

Sec. 90.10-42 Tankerman.

The following ratings are established in part 13 of this chapter.

The terms for the ratings identify persons holding valid merchant

mariners' documents for service in the ratings issued under that part:

(a) Tankerman-PIC.

(b) Tankerman-PIC (Barge).

(c) Restricted Tankerman-PIC.

(d) Restricted Tankerman-PIC (Barge)

(e) Tankerman-Assistant.

(f) Tankerman-Engineer.

PART 97--OPERATIONS

34. The authority citation for part 97 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; 49 U.S.C.

App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793;

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

35. Subpart 97.95 consisting of Sec. 97.95-1 is added to read as

follows:

Subpart 97.95--Person in Charge of Transfer of Liquid Cargo in Bulk

Sec. 97.95-1 General.

A qualified person in charge of a transfer of liquid cargo in bulk

shall be designated in accordance with subpart C of 33 CFR part 155.

PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS

FOR CERTAIN DANGEROUS CARGOES IN BULK

36. The authority citation for part 98 continues to read as

follows:

Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3703; 49 U.S.C. App.

1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR

1.46.

37. Section 98.30-17 is revised to read as follows:

Sec. 98.30-17 Qualifications of person in charge.

(a) The operator or agent of each vessel shall designate the person

in charge of a transfer of liquid cargo in bulk to or from a portable

tank.

(b) Each person designated as person in charge of a transfer of

liquid cargo in bulk to or from a portable tank shall--

(1) On a tank barge, hold a ``Tankerman-PIC'', restricted

``Tankerman-PIC'', ``Tankerman-PIC (Barge)'', or restricted

``Tankerman-PIC (Barge)'' merchant mariner's document authorizing

transfer of the classification of cargo involved;

(2) On a self-propelled tank vessel, hold--

(i) A license authorizing service as a master, mate, pilot,

operator, or engineer aboard that vessel; and

(ii) A ``Tankerman-PIC'' or restricted ``Tankerman-PIC'' merchant

mariner's document authorizing transfer of the classification of cargo

involved; and

(3) On a vessel other than a tank vessel required by this chapter

to have a licensed individual aboard, hold--

(i) If the liquid

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