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

DEPARTMENT OF TRANSPORTATION

33 CFR Parts 154 and 155

46 CFR Parts 12, 13, 15, 30, 31, 35, 78, 90, 97, 98, 105, 151, 153,

and 154

[Docket No. CGD-79-116]

RIN 2115-AA03

Qualifications for Tankermen, and for Persons in Charge of

Transfers of Dangerous Liquids and Liquefied Gases

AGENCY: Coast Guard, DOT.

ACTION: Reopening of Comment Period on interim rule.

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SUMMARY: The Coast Guard is reopening the period for public comment on

its Interim Rule on the Qualifications for Tankermen, and for Persons

in Charge of Transfers of Dangerous Liquids and Liquefied Gases. It

would like public help in treating certain issues.

DATES: The effective date remains March 31, 1996. Written comments must

be received not later than May 28, 1996.

ADDRESSES: Written comments may be mailed to the Executive Secretary,

Marine Safety Council (G-LRA, 3406), U.S. Coast Guard, 2100 Second

Street SW., Washington, DC 20593-0001, or may be delivered to room 3406

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

except Federal holidays. Comments will become part of this docket and

will be available for inspection or copying at room 3406, Coast Guard

Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Mark C. Gould, Project Manager, Marine Safety and Environmental

Protection Directorate, Office of Maritime Personnel Qualifications (G-

MOS-1), (202) 267-6890. This telephone is equipped to record messages

on a 24-hour basis.

SUPPLEMENTARY INFORMATION: On Tuesday, April 4, 1995 [60 FR 17134], the

Coast Guard issued an Interim Rule on the Qualifications for Tankermen,

and for Persons in Charge of Transfers of Dangerous Liquids and

Liquefied Gases. The deadline for written comments was June 30, 1995.

Comments submitted during the comment period by the public and

further evaluation of the Interim Rule by the Coast Guard revealed

certain issues that require further evaluation, clarification, or

correction. The Coast Guard has, therefore, decided to reopen the

comment period. There is no need to refile comments already submitted.

The effective date of the Interim Rule remains March 31, 1996.

[[Page 13099]]

Although the Coast Guard invites comments on any feature of the

Interim Rule, it specifically invites comments on the following:

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

Section 155.710 Qualifications of person in charge.

Paragraphs (a)(2)(ii), (b)(2), and (g) allow the PIC of cargo-tank

cleaning on a vessel at a tank-cleaning facility or shipyard to hold a

marine chemist's certificate issued by the National Fire Protection

Association instead of the appropriate Tankerman-PIC endorsement.

Numerous comments on the Interim Rule objected to this alternative.

They stated that no marine chemist is qualified to act as a Tankerman-

PIC. The Coast Guard will compare the qualifications for marine

chemists with those for Tankerman-PICs. It invites comments.

TITLE 46--SHIPPING

Section 13.107 Tankerman endorsement: General.

Section 15.860 Tankerman.

There appears to be some confusion and disagreement regarding the

term direct supervision as used in these sections. The Coast Guard

defines being under direct supervision to mean being within the

unobstructed view of the supervisor. If the PIC assigns a person to

turn a particular value, and if this person bends down so that either

the hands or the valve is not visible to the PIC, this person is not

under direct supervision of the PIC. A fair equivalent might be being

in ``direct line of sight of the supervisor, or in close proximity to

the transfer and maintaining direct, continuous communications by a

convenient, reliable means, such as a hand-held radio.'' The Coast

Guard invites comments.

Section 13.111 Restricted endorsement.

This section lets an applicant apply for a tankerman endorsement

restricted to specific cargoes or groups of cargoes, specific vessels,

specific facilities, specific employers, or the like. The Coast Guard

intended for this endorsement to benefit oil and chemical companies

that handle only one or two cargoes or that employ a small number of

tankerman, who conduct transfers at a small number of sites. This

endorsement would relieve its holders of having to take the DL or LG

course because those holders would have frequent opportunity to observe

and participate in local transfers and would have no need to observe or

participate in others. The Coast Guard did not intend that a large oil

or chemical company could employ a large number of tankermen with

restricted endorsements. It invites comments.

Section 13.113 Tankerman certified under prior regulations.

Paragraph (a) allows certain persons who have acted as Tankermen-

PICs before March 31, 1996, to continue in that capacity. However,

paragraph (d)(1)(iii)(A)(1) does not require any particular period of

sea service, and paragraphs (d)(1)(iii)(A)(2) and (d)(1)(iii)(B)

require only 30 days of sea service. None of these sections comply with

the International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers, 1978 (STCW), as amended in 1994, which

requires 90 days of sea service on tankers. Since the United States is

signatory to STCW, the Coast Guard considers itself bound to amend

paragraphs (d)(1)(iii)(A)(1), (d)(1)(iii)(A)(2), and (d)(1)(iii)(B) to

require 90 days of sea service on tankers. It invites comments.

Section 13.115 Licensed engineer: Endorsement as Tankerman-Engineer

based on service on tankships before March 31, 1996.

This section requires that a licensed person with service as chief,

first assistant, or cargo engineer before March 31, 1996, obtain a

Tankerman-Engineer endorsement to his or her MMD no later than the

first renewal of the MMD after March 31, 1997, if he or she intends to

continue in any of those capacities. The Coast Guard intends that the

final rule will allow service by one carrying temporary proof of the

tankerman's qualifications as Sec. 13.113 did for Tankerman-PIC or

Tankerman-PIC (Barge). But, as we have just seen, Sec. 13.113 itself

comes up short--60 days short--measured against STCW, as amended in

1994. Therefore, to provide for an orderly transition to a regime

governed by STCW, as amended in 1994, as well as to square Sec. 13.115

with Sec. 13.113 in its STCW-compatible form, the Coast Guard considers

itself bound to amend paragraphs (a) and (b) to require 90 days of sea

service on tankers. It invites comments.

In addition, STCW, as amended in 1994, requires that an applicant

for this endorsement satisfactorily complete the appropriate DL or LG

course. The Coast Guard is inclined to amend this section to require

satisfactory completion of a DL or LG course. However, the Coast Guard

is willing to consider deferring the course requirement for a limited

period of time, to give mariners a reasonable period of time to

satisfactorily complete the course. It invites comments.

Section 13.117 Any person: Endorsement as Tankerman-Assistant based on

unlicensed deck service before March 31, 1996.

This section requires that a person with unlicensed deck service

before March 31, 1996, obtain a Tankerman-Assistant endorsement to his

or her MMD no later than the first renewal of the MMD after March 31,

1997, if he or she intends to continue in that capacity. The Coast

Guard intends that the final rule will allow service by one carrying

temporary proof of the tankerman's qualifications as Sec. 13.113 did

for Tankerman-PIC or Tankerman-PIC (Barge). But, again as we have just

seen, Sec. 13.113 itself comes up short--60 days short--measured

against STCW, as amended in 1994. Therefore, to provide for an orderly

transition to a regime governed by STCW, as amended in 1994, as well as

to square Sec. 13.117 with Sec. 13.113 in its STCW-compatible form, the

Coast Guard considers itself bound to amend paragraphs (a) and (b) to

require 90 days of sea service on tankers. It invites comments.

Further, STCW, as amended in 1994, allows an applicant for this

endorsement to satisfactorily complete a tanker-familiarization course

rather than satisfy paragraph (a) or (b). Therefore, the Coast Guard is

inclined to amend this section to allow satisfactory completion of this

course, too. It invites comments.

Further yet, STCW, as amended in 1994, requires that an application

for this endorsement satisfactorily complete a firefighting course. The

Coast Guard is included to amend this section to require satisfactory

completion of this course, too. It invites comments.

For the Tankerman-Assistant endorsement, the Coast Guard will

accept pumpman service as well as the deck service described in

Secs. 13.117 and 13.403. It invites comments.

Section 13.409 Eligibility requirements: Cargo course.

This section allows an applicant for an endorsement as Tankerman-

Assistant to substitute sea service for satisfactory completion of a

course in DL or LG. But STCW, as amended in 1994, requires the same

applicants to either (1) satisfactorily complete a tanker-

familiarization course or (2) prove 90 days of sea service on tankers.

Therefore, the Coast Guard considers itself bound to amend this section

to require either (1) satisfactory completion of a tanker-

familiarization

[[Page 13100]]

course, rather than of a course in DL or LG, or (2) 90 days of sea

service on tankers, rather than an unspecified amount of sea service of

an unspecified kind. It invites comments.

Section 13.503 Eligibility requirements: Experience.

This section allows an applicant for an endorsement as Tankerman-

Engineer to combine sea service and satisfactory completion of a DL or

LG course for the requisite experience. But STCW, as amended in 1994,

requires that the same applicant both satisfactorily complete the

appropriate DL or LG course and prove 90 days of sea service on

tankers. Therefore, the Coast Guard is inclined to amend this section

to require both, rather than some blend of them. It invites comments.

Section 13.509 Eligibility requirements: Cargo course.

This section allows an applicant for an endorsement as Tankerman-

Engineer to substitute sea service for satisfactory completion of a

course in DL or LG. But STCW, as amended in 1994, requires that the

same applicant both satisfactorily complete the appropriate DL or LG

course and prove 90 days of sea service on tankers. Therefore, the

Coast Guard is inclined to amend this section to require both, rather

than some blend of them. It invites comments.

Dated: March 15, 1996.

J.C. Card,

Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security

and Environmental Protection.

[FR Doc. 96-7169 Filed 3-25-96; 8:45 am]

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