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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 154, 155, and 156

46 CFR Parts 13, 15, 30, 35, 98, and 105

[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: Final rule.

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SUMMARY: This final rule 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 on board

vessels. It is necessary to protect our waterways. It will ensure that

these persons are competent to perform their duties, even during

emergencies; will improve the handling, transfer, and transport of

these cargoes; and will reduce the risk and severity of spillage from

tank vessels.

DATES: This final rule is effective June 9, 1997.

ADDRESSES: Unless otherwise indicated, documents referred to in this

preamble are available for inspection or copying at the office of the

Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC

20593-0001, between 9:30 a.m. and 2 p.m., Monday through Friday, except

Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Mark C. Gould, Project Manager,

Maritime Personnel Qualifications Division, (202) 267-6890.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 18, 1980, the Coast Guard published two notices of

proposed rulemaking (NPRMs): CGD 79-116, which proposed rules for

tankermen (45 FR 83290); and CGD 79-116a, which proposed rules for

persons in charge of transfers of oil (45 FR 83268).

On October 17, 1989, the Coast Guard published a supplemental

notice of proposed rulemaking (SNPRM) entitled, ``Tankerman

Requirements and Qualifications for Persons-in-Charge of Dangerous

Liquid and Liquefied Gas Transfer Operations'' (54 FR 42624), which

combined the two original rulemakings and officially closed CGD 79-116a

as a distinct rulemaking. The Coast Guard received 42 comments on that

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

On April 4, 1995, the Coast Guard published an interim rule

entitled ``Qualifications for Tankermen, and for Persons in Charge of

Transfers of Dangerous Liquids and Liquefied Gases'' (60 FR 17134). On

March 26, 1996, the Coast Guard reopened the comment period (61 FR

13098). No public meeting was requested, nor was one held.

Background and Purpose

Background information on qualifications for tankermen, and for

persons in charge of transfers of dangerous liquids and liquefied

gases, appears in the preamble to the interim rule published on April

4, 1995.

Discussion of Comments

The Coast Guard received a total of 56 letters in response to the

reopened comment period; these presented more than 200 comments. All of

these letters are available for inspection in CGD 79-116 at the address

listed under ADDRESSES.

1. General Comments

One comment asked what impact this rulemaking would have on fishing

vessels. Tankerman rules for fishing vessels may be found in 46 CFR

part 105, which discusses commercial fishing vessels dispensing

petroleum products, and in particular under Sec. 105.45-1, which

details the tankerman requirements for these vessels.

Another comment supported the Coast Guard in its efforts to align

this rulemaking with the International Convention on Standards of

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

One comment noted that the definition of ``tankship'' varies from

section to section in this rulemaking. The Coast Guard agrees and has

defined ``tankship,'' ``self-propelled tank vessel,'' ``tank vessel,''

and ``tank barge,'' as appropriate, in the definition sections of 33

CFR part 154 and 46 CFR parts 13 and 30.

A separate comment asked the Coast Guard to define ``in bulk.'' The

Coast Guard defines ``in bulk'' as ``liquid cargo in bulk,'' found in

46 CFR 13.103.

Several comments noted that the course in dangerous liquids (DL)

for tankerman will meet the vapor-recovery regulations in 46 CFR 39.10-

11 but not, as stated in the preamble to the interim rule, the

facility-training regulations in 33 CFR 154.840. The Coast Guard agrees

and has made it clear in the final rule that this course will meet only

the vapor-recovery regulations.

A separate comment noted that a discussion of endorsements as

restricted Tankerman person in charge (PIC) and Tankerman-PIC (Barge)

referred to benefits for only oil and chemical companies. In fact,

these endorsements are intended for the benefit of all companies, not

just oil and chemical--and many mariners--engaged in the carriage of DL

or liquefied gases (LG).

Two comments indicated that the language and organization of the

interim rule were unusually confusing and difficult to follow. The

Coast Guard agrees and has made every effort to make the final rule

easier to understand.

[[Page 25116]]

Another comment indicated that 33 CFR parts 154 and 156 should not

apply to a mobile transfer facility with a capacity of less than 250

barrels. Yet, as written, it will be applicable to any facility or

vessel if there is a transfer of oil or hazardous material to, from, or

within any vessel with a capacity of 250 barrels or more. The Coast

Guard disagrees with the comment. The Oil Pollution Act of 1990 (OPA

90), enacted by Congress, established the criteria for these

regulations. To change the types of vessel required to comply with

these regulations would necessitate a change in the law by Congress.

Two comments supported allowing mariners interested in returning to

sea after serving in a marine-related capacity ashore to substitute

related experience for sea service. The Coast Guard disagrees because

few marine-related jobs ashore relate directly to a tankerman's duties.

It is important that a tankerman retain his expertise, and this cannot

be done working in other shoreside capacities. It should also be borne

in mind that if the mariner does not comply with 46 CFR 13.113 by the

first renewal of his or her U.S. Merchant Mariner's Document (MMD)

after March 31, 1997, he or she will have to comply with Sec. 13.201

for an original Tankerman-PIC endorsement.

2. Training Courses

One comment supported the Coast Guard's proposal to defer the

requirement of the DL and LG courses for a limited time, because of the

limited availability of courses. This would give mariners a reasonable

time to satisfactorily complete the courses. This deferral was outlined

in a policy letter to the Regional Examination Centers (RECs) dated

April 9, 1996. It is also available in the docket.

Several comments stated that firefighting training should not be

required when the tankerman certification is restricted to cargoes that

are not flammable or combustible. The Coast Guard agrees in part. Use

of shoreside pumping equipment seldom presents danger of fire; and for

this use, the firefighting course may be less important. In contrast,

use of a barge's own pumping equipment presents danger of fire; methods

of extinguishing such fire are the subject of the course in tank-barge

firefighting. So an applicant obtaining a restricted Tankerman-PIC

endorsement without having taken a course in firefighting will be

authorized only to handle non-flammable or non-combustible cargoes on

those vessels that do not use their equipment to load or discharge a

cargo.

Another comment stated that firefighting training should not be

required for any tankerman endorsement. The Coast Guard disagrees. An

alert and trained tankerman will, in all probability, be the first

person to notice a barge fire during a transfer. The 2-day course in

tank-barge firefighting teaches the student not only the hazards

involved with a fire on board a tank barge but also how to determine

whether he or she can prevent a confinable fire from becoming an

unmanageable one. Students in the course will have to participate in

realistic fire-extinguishment exercises involving responses to fires in

the early stages using equipment found on tank barges--portable fire

extinguishers.

Two comments indicated that requiring applicants for original

endorsements to have completed their DL or LG courses within 2 years of

application was too restrictive. The comments indicated that the Coast

Guard should allow applicants to have completed the required course up

to 5 years before the date of application. The Coast Guard agrees and

has increased the time limit from 2 to 5 years. 46 CFR 13.209, 13.309,

and 13.409 have been changed accordingly.

One comment wanted to require that all DL or LG courses be Coast

Guard approved. The Coast Guard agrees. All these courses must be

approved by the Coast Guard or found to be acceptable by the Officer in

Charge, Marine Inspection (OCMI), who will review them against

appropriate curricula in 46 CFR 13.121.

One comment recommended that the Coast Guard amend 46 CFR 10.303(d)

to require that trainers keep students' records; however, this change

is beyond the scope of this rulemaking.

Another comment stated that, by not requiring a minimum number of

hours to cover the DL or LG course, the Coast Guard would allow oil or

chemical companies to set their own standards. To clarify, the

companies would not offer the course, in most cases (educational

facilities would), and the Coast Guard would both approve and monitor

it.

One comment recommended that the DL and LG courses contain training

in proper radio communications. The Coast Guard disagrees. Since a

check of radio communications is part of the pre-transfer inspection

procedure, if one of the PICs is having difficulty in radio

communications, it will be evident to the other PIC before th3e

transfer commences.

Several comments did not want Crude-Oil Washing (COW) systems and

inert-gas systems included in the syllabus for DL and LG courses for

Tankerman-PIC (Barge). The Coast Guard agrees and has deleted these and

other inapplicable subjects from the syllabus.

3. 33 CFR 155.700 (Designation of PIC)

The Coast Guard received one comment requesting that the wording

from Sec. 155.710, concerning the appointment of the PIC of a transfer,

be incorporated into this section. Specifically, the comment stated

that it is routine for shippers or facility operators to designate the

Tankerman-PIC without consulting with the owner or operator of the

vessel and that, in those situations, the Tankerman-PIC is an employee

of the facility, of an independent tankering service, or of the cargo

interest. The Coast Guard agrees and has incorporated this wording.

Another comment asked whether Sec. 155.700 applied to bunkering. To

clarify, if the transfer of bunkers meets the criteria of Sec. 155.700,

this section applies.

4. 33 CFR 155.710 (Qualifications of PIC)

The Coast Guard received one comment asking whether a Chief

Engineer or First Assistant Engineer could act as the Tankerman-PIC of

a fuel-oil transfer by virtue of his or her Tankerman-Engineer

endorsement. Section 155.710(e) states that, on a vessel required to

have a licensed person aboard, a master, mate, pilot, engineer, or

operator of that vessel, or the holder of an MMD with the appropriate

Tankerman-PIC endorsement, may act as the Tankerman-PIC of a transfer

of fuel oil as appropriate. Therefore, a Chief Engineer or First

Assistant Engineer may, by virtue of his or her license or MMD endorsed

as Tankerman-PIC or Tankerman-Engineer, act as the Tankerman-PIC of a

fuel-oil transfer.

Several comments indicated that Sec. 155.710(e) was confusing about

a fuel-oil transfer between an uninspected towing vessel and an

inspected tank barge. There was also concern that the PIC of bunkering

aboard an uninspected vessel would be unlicensed and have no basic

knowledge of a tankerman's duties, while the person on the other end of

the hose in the same bunkering would be required to hold a Tankerman-

PIC endorsement. The Coast Guard agrees and has amended this section so

that the PIC of bunkering aboard an uninspected vessel which is

required to have a licensed person aboard either be that person (or

another licensed person) or hold an MMD endorsed as Tankerman-PIC. Note

that, since most

[[Page 25117]]

applicants for the Tankerman-PIC endorsement who work on towing vessels

will not be able to meet the experience requirements, they can apply

for restricted endorsements using service on towing vessels instead of

service on tankships or self-propelled tank vessels.

Another comment noted that Sec. 155.710(b)(1)(ii), which discusses

transfers of liquid cargo in bulk aboard barges, conflicts with 46 CFR

13.113(c), which discusses grandfathering provisions, in that the

former requires the PIC of a transfer to hold a Tankerman-PIC or

Tankerman-PIC (Barge) endorsement but that the latter, until March 31,

2001, does not. The Coast Guard agrees and has amended this section,

Sec. 155.710(b)(2) in the final rule, accordingly.

Several comments disagreed with the interim rule as it allowed a

National Fire Protection Association (NFPA) Certificated Marine Chemist

to act as Tankerman-PIC for tank-cleaning and gas-freeing. They felt

that no marine chemist is qualified for those activities. The Coast

Guard disagrees. A marine chemist must go through an extensive training

program before receiving a Marine Chemist's Certificate issued by the

NFPA. In addition, the marine chemist must still comply with

Secs. 155.710(a)(1) for tankships and 155.710(b)(1) for tank barges.

These sections require that the person designated as a Tankerman-PIC

have 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 COW, inert-gas,

and vapor-control systems--to safely conduct a transfer.

Two comments did not want Secs. 155.710(a) (1)(i) and (2) to

require that a person achieve vessel-specific training before he or she

may conduct a transfer. The Coast Guard disagrees. A potential

Tankerman-PIC of a transfer must be experienced 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 COW, inert-gas,

and vapor-control systems.

As written in the interim rule, Sec. 155.710(f) may be misleading.

It discusses the documents that must be held by the person in charge of

a transfer of oil or hazardous material in bulk on any vessel other

than a tank vessel. Yet a ``tank vessel'' was according to the interim

rule, at Sec. 154.105, ``any vessel that carries oil or hazardous

material in bulk as cargo or in residue.'' In essence, this section

exempted those vessels it was meant to target. While Secs. 155.710 (a),

(b), (c), and (d) refer to U.S.-flag tankships, U.S.-flag tank barges,

foreign-flag tankships, and foreign-flag tank barges, respectively, the

Coast Guard's intent was for section (f) to apply to all other tank

vessels, as presently defined in the final rule at Sec. 154.105, not

already discussed--specifically, to self-propelled tank vessels, other

than tankships (defined in the final rule at Sec. 154.105), that carry

oil in hazardous material in bulk as cargo or in residue. 33 CFR

155.710(f) has been rewritten to reflect this intent.

One comment questioned why transfers described in Sec. 155.710(f)

required different levels of expertise depending on the grade of the

cargo. The Coast Guard agrees and has amended this section to require a

valid license and a Tankerman-PIC endorsement on the MMD regardless of

the cargo carried.

Another comment questioned why Sec. 155.710(a)(1) doesn't specify

the minimum training for the PIC of a transfer. Section 155.710(a)(3)

requires that the PIC hold a Tankerman-PIC endorsement issued under 46

CFR part 13. 46 CFR part 13 requires that every applicant complete an

approved course in DL or LG.

Two comments asked why the PIC of a transfer or a tank-cleaning on

a foreign-flag tankship must hold a license, while the PIC of a

transfer or a tank-cleaning on a U.S.-flag tankship may be either a

NFPA Certificated Marine Chemist or a Tankerman-PIC. The Coast Guard

agrees and has amended Sec. 155.710(c)(2) to correct the inequity.

One comment questioned why a Tankerman-PIC of a foreign-flag

tankship or tank barge must read, speak, and understand English, or a

language mutually agreed upon with the shoreside PIC, while a

Tankerman-PIC of a U.S.-flag tankship or tank barge does not. 46 CFR

13.201(g) requires that each applicant for a Tankerman-PIC endorsement

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. 46 CFR 13.301(g)

requires the same of each applicant for a Tankerman-PIC (Barge)

endorsement.

Another comment asked why a foreign Tankerman-PIC and Tankerman-PIC

(Barge) must be able to effectively communicate with all crew members

involved in the transfer, while a U.S. Tankerman-PIC and Tankerman-PIC

(Barge) does not. The Coast Guard disagrees. 46 CFR part 156 applies to

the transfer of oil or hazardous material on the navigable waters or in

the contiguous zone of the United States, to, from, or within a vessel

with a capacity of 250 barrels or more. Section 156.120(v) requires

that at least one person at the site of the transfer fluently speak the

language or languages spoken by both Tankermen-PICs.

A separate comment did not like the requirement for an interpreter,

found in Sec. 155.710(d)(4), because, when complying with rest hour

requirements, he or she would not be ``immediately available to the

Tankerman-PIC at all times during the transfer.'' The Coast Guard

disagrees. On foreign-flag vessels, STCW imposes rest-hour requirements

only on watchstanders. Further, it is the responsibility of the PIC of

the transfer on the vessel to ensure that an interpreter is always

immediately available to him or her, even if that means the vessel's

carrying two interpreters.

An additional comment recommended that any interpreter used during

a transfer must have basic knowledge of the duties and responsibilities

of a Tankerman-PIC. The Coast Guard disagrees. An interpreter's role is

to translate in case of a language barrier.

One comment asked the Coast Guard to require that all

communications on oil transfers be in English. The Coast Guard feels

that safeguards, such as those found in Secs. 155.710(c) (4) and (5),

and 155.710(d) (3) and (4), provide sufficient protection to prevent a

language barrier from causing a spill.

A separate comment did not like the phrase ``shall verify to his or

her satisfaction'' (Secs. 155.710 (a) and (b)) because it is too open-

ended (the same phrase appears in paragraphs (c) and (d) for foreign-

flag tankships and barges). The Coast Guard disagrees. On a tankship

the chief mate, in charge of cargo for the master and, ultimately, the

owner of the vessel, will assure himself or herself that a new

crewmember has the abilities and skills necessary to safely conduct the

transfer before he or she will be allowed to do so. Likewise, the

``person who arranges and hires

[[Page 25118]]

(someone) to be in charge of a transfer of liquid cargo in bulk,''

whether that person owns the cargo or the vessel, must be assured of

either the Tankerman-PIC's abilities or, at least, the reputation of

the company that hires him or her. In practice, some official of the

cargo owner or vessel owner usually takes sufficient steps to minimize

the chances of a spill during a transfer of fuel oil, cargo oil, or

hazardous material.

Another comment stated that the word ``or'' separating

Sec. 155.710(e) (1), (2), (3), and (4), had vanished, causing much

confusion. It cited as an example an uninspected towing vessel in

excess of 100 gross tons taking fuel from an inspected tank barge. The

Coast Guard recognizes the confusion. To answer the example posed,

Sec. 155.710(e)(1) states that, if the towing vessel must have a

licensed person aboard, the PIC of the fueling must be licensed.

Section 155.710(e)(2) states that, if that vessel does not require a

licensed person onboard, the PIC must have been instructed both in his

or her duties and in the Federal statutes and regulations on water

pollution that apply to the vessel. Personnel on the towing vessel in

this example must comply with (e)(1). The unintentional removal of the

word ``or'' from between the sections occurred in the SNPRM published

on October 17, 1989, and persisted through the rulemaking from then

until now. To emphasize that the four requirements of paragraph (e)

apply separately, the Coast Guard has repunctuated the whole paragraph.

Another comment asked if, after a tank barge has been emptied, a

specially-equipped shoreside company may be hired to clean out the

cargo tanks of the barge, and if the employees of this company need to

hold Tankerman-PIC endorsements. The shoreside PIC of tank-cleaning

does not have to hold a Tankerman-PIC (Barge) endorsement, but the PIC

on the barge does, whether he or she is from the barge company or

shoreside company. This final rule makes no changes in this regard.

Section 155.700 still states that each vessel with a capacity of 250 or

more barrels of fuel oil, cargo oil, or hazardous materials must

designate the PIC of each transfer to or from the vessel and of each

tank-cleaning. Section 155.710(b)(2) still requires that the PIC of a

tank-cleaning on a tank barge that must be inspected under 46 U.S.C.

3703 hold a Tankerman-PIC or Tankerman-PIC (Barge) endorsement or, if

at a tank-cleaning facility or shipyard, be a NFPA Certificated Marine

Chemist.

Another comment indicated that the term ``liquefied gas'' should be

deleted from Secs. 155.710 (c)(3), (d)(2), and (f)(2) as they stood in

the interim rule. The Coast Guard agrees. Liquefied gases are

specifically excluded from the definition of ``hazardous material'' as

defined in Sec. 154.105. (Requirements for vessels carrying and

facilities handling liquefied gas may be found in 46 CFR part 154.) The

Coast Guard has amended all three sections to delete the reference.

5. 33 CFR 156.120 (Requirements for Transfer)

One comment requested that 46 CFR subpart 35.35 require the

Tankerman-PIC to be on duty throughout the cargo transfer. Sections

156.120 (s), (t)(1), and (u)(1) already require that the Tankerman-PIC

be on duty throughout the transfer.

Another comment requested that Sec. 156.120 require agreement on a

pre-determined radio frequency by both parties at the pre-transfer

meeting. The Coast Guard agrees and has amended Sec. 156.120.

6. 46 CFR 13.103 (Definitions)

One comment expressed concern that the definition of ``liquid cargo

in bulk'' included even liquid cargo in portable tanks. The Coast Guard

agrees and has amended the definition in Sec. 13.103.

7. 46 CFR 13.107 (Tankerman Endorsement: General)

Several comments stated that inclusion of ``bunkering'' in

Sec. 13.107(d) incorrectly implies that a Tankerman-Engineer

endorsement is required for bunkering. The Coast Guard agrees and has

deleted that term from this section.

Another comment supported the Coast Guard's interpretation of

``direct supervision'' to include the use of hand-held radios. The

Coast Guard defines being ``directly supervised'' in Sec. 13.103 to

mean ``being in the direct line of sight of the person in charge or

maintaining direct, two-way communications by a convenient, reliable

means, such as a predetermined working frequency over a hand-held

radio.''

A separate comment encouraged permission to use video cameras as a

means of providing a clear line of sight. The Coast Guard agrees.

Because this would meet the intent of the definition, this method would

be acceptable.

Another comment questioned why an applicant for Tankerman-Engineer

does not have to read or write English. In order to pass the Coast-

Guard-approved course on DL or LG for tankships, including the final

examination, the applicant must be able to read and write English.

The Coast Guard received one comment noting that Sec. 13.107(a)

empowered only OCMIs at Coast Guard RECs to endorse MMDs as Tankerman-

PIC, while Sec. 13.107(b) empowered all OCMIs to endorse MMDs as

Tankerman-PIC (Barge). The Coast Guard agrees and has conformed

paragraph (b) to paragraph (a).

Another comment noted that, as written, Sec. 13.509 requires that

all Tankerman-Engineer applicants successfully complete the course in

DL or LG. In contrast, STCW requires that, in the engine department,

only the chief engineer officer, the second engineer officer, and any

person with immediate responsibility for loading, discharging, and care

in transit or in handling of the cargo complete that course. Because

second and third engineers on U.S. vessels, although not necessarily

meeting the definition of cargo engineers, regularly work on elements

of the cargo system, the Coast Guard has determined that engineering

officers, regardless of primary duties, should be able to assist in any

of the principal duties of the engineering department, and must,

therefore, complete the DL or LG course.

Another comment suggested that, to avoid confusion, a statement

should categorically exclude personnel involved in fueling from this

section. The Coast Guard agrees and a new paragraph (g) has been added.

One comment stated that Sec. 13.107(c) violates OPA 90 on hours of

work. The Coast Guard disagrees. The number of tankermen listed in

Table 15.860(a)(1) is the minimum number required. The proper number

required will depend upon the vessel's operation.

8. 46 CFR 13.109 (Tankerman Endorsement: Authorized Cargoes)

One comment asked that the Coast Guard change the proposed

endorsement for dangerous liquids into two separate endorsements: For

petroleum liquids and chemical liquids. The Coast Guard disagrees.

While there are different dangers associated with the carriage of

chemical products as opposed to petroleum products, mandatory

attendance by all applicants for tankerman endorsements, except

restricted endorsements, will make them aware of the dangers and

characteristics of products or chemicals with which they have not had

contact. The Coast Guard is also depending on every employer to ensure

a mariner's competency before allowing him or her to act as Tankerman-

PIC in a transfer.

Several comments objected to the rule's exclusion of the liquid

cargoes in bulk listed in Table 2 of part 153 when they are carried on

barges not certified for ocean service. The Coast Guard disagrees. The

legislation that enables

[[Page 25119]]

rules preventing pollution is the International Convention for the

Prevention of Pollution from Ships, 1973, known as MARPOL. This

convention has been implemented domestically by the Act to Prevent

Pollution from Ships, 33 U.S.C. 1901 et seq., 33 U.S.C. 1903(a) states

that products listed in Annexes I and II of MARPOL, which are also

found in Table 2 of part 153, apply only to seagoing ships. No

tankerman endorsement is necessary to transfer the liquid cargoes in

bulk listed in Table 2 when those cargoes are carried on barges

certificated for inland service.

9. 46 CFR 13.111 (Restricted Endorsement)

Many comments requested that the restricted Tankerman-PIC

endorsement be eliminated, denied to those seeking an original

Tankerman-PIC endorsement, or issued only in accordance with strict

guidelines given to OCMIs. The Coast Guard disagrees with the first two

recommendations, and agrees with the third. The use of this endorsement

in strictly limited cases is a significant benefit, particularly for

companies engaged in the transportation of one cargo or a few cargoes

of DL or LG and for their employees. Mandating that these employees

attend courses in DL or LG would be of little benefit to the employees,

the company, or the public. Likewise, precluding an original restricted

Tankerman-PIC endorsement provides little benefit to the public, since

the tankerman will be handling only one or a few cargoes. However, to

acquire this restrictive endorsement, an applicant will have to produce

proof on company letterhead of adequate training in the safe handling,

loading or unloading, and characteristics of the cargo he or she will

be handling. These requirements are found in new Secs. 13.111 (b) and

(c).

Two comments strongly supported the original, free issuance of the

restricted endorsement, and strongly opposed the restrictive

interpretation discussed in the notice that reopened the comment

period. The Coast Guard disagrees. The Coast Guard always intended that

this endorsement would be available to only a very small percentage of

the industry. A tankerman who works for a company, large or small, and

who performs the same tasks routinely, such as hooking up for an

unloading of one or a few specific cargoes at the same dock, is the

tankerman for whom the Coast Guard intended this endorsement. Making

him or her attend a course unnecessarily in DL or LG would not be

practical. That course teaches hazardous characteristics of many

different cargoes, most of which he or she will never handle. On the

other hand, a mariner who routinely handles different cargoes with

different hazardous characteristics would definitely benefit from

attending that course.

One comment requested that the Coast Guard not consider the size of

an oil or chemical company when deciding whether or not its employees

should be allowed to use the restricted endorsement. The Coast Guard

agrees. The activities of its employees, not the size of the company,

should be the determining factor.

Another comment stated that, because many oil or chemical companies

maintain their own on-site, dedicated fire personnel, personnel with

restricted endorsements should not have to complete a firefighting

course. The Coast Guard disagrees. This course, required in some form

for any of the Tankerman-PIC endorsements, involves both classroom

exercises and field fire-extinguishment. The field fire-extinguishment

exercises entail initial response to fires that may be manageable with

portable extinguishers. This course was never intended to take the

place of professional firefighters. It was intended to make the

tankerman aware of the fire hazards on the barge and maybe prevent a

small fire from becoming a major catastrophe.

One comment suggested waiver of the requirement of the firefighting

course for the restricted endorsement if the applicant handles only

non-flammable cargoes. The Coast Guard agrees in part. Use of shoreside

pumping equipment seldom presents danger of fire; and for this use, the

firefighting course may be less important. In contrast, use of a

barge's own pumping equipment presents danger of fire; methods of

extinguishing such fire are the subject of the course in tank-barge

firefighting. Therefore, if the barge company's equipment is used in

the transfer of oil or hazardous material, the firefighting course must

be taken. Also, an applicant obtaining a restricted Tankerman-PIC

endorsement without having taken a course in firefighting will be

authorized only to handle non-flammable or non-combustible cargoes on

those vessels that do not use their equipment to load or discharge a

cargo.

One comment suggested allowing the restricted Tankerman-PIC

endorsement for the tankermen of a vessel that plies its trade outside

the boundary line. Again, STCW does not recognize restricted

endorsements. As a signatory to STCW, the U.S. cannot recognize them

outside of the boundary line, where STCW becomes effective. must follow

all provisions of the treaty. New Secs. 13.111(f) and 15.860(h) have

been added to make this clear.

One comment suggested that 30 days' unlicensed sea service, instead

of the current 60 days', be required for the endorsement as restricted

Tankerman-PIC or Tankerman-PIC (Barge). The Coast Guard has determined

that 30 days of observation are insufficient to qualify an applicant as

the Tankerman-PIC of a transfer of DL or LG.

An additional comment agreed with the Coast Guard's intended use of

the restricted endorsement. It stated that a tankerman with a

restricted endorsement for a specific cargo was preferable to a

tankerman with an unrestricted endorsement and no experience handling

the cargo being transferred.

Two comments sought special consideration for crews of oil-spill-

response vessels (OSRVs) when they are operating in response areas

designated by Federal On-Scene Coordinators. The Coast Guard agrees.

When operating under these conditions, crews of OSRVs will be

candidates for restricted Tankerman-PIC endorsements. Section 13.111

now expressly covers OSRVs. However, when bunkering, an OSRV is like

any other vessel and may be subject to Secs. 155.700 and 155.710.

10. 46 CFR 13.113 (Tankermen Certified Under Prior Regulations)

Several comments asked the Coast Guard not to make mariners with

many years of experience as Tankerman-PICs take the course in DL or LG.

Because the U.S. is signatory to STCW, the Coast Guard must require

appropriate training for all Tankerman-PICs. However, the Coast Guard

will lessen the requirements for applicants obtaining their Tankerman-

PIC endorsements under Sec. 13.113 by letting them attend less-detailed

approved courses offered by their employers rather than the full

approved courses in DL or LG. The Coast Guard has added to Sec. 13.103

a definition for ``approved training.'' It has also listed in

Secs. 13.121 (i) and (j) topics that the shortened course must cover.

One comment questioned whether a seasoned master with 20 years of

experience on tankships or self-propelled tank vessels should have to

obtain an original endorsement under Sec. 13.201, 13.401, or 13.501. A

licensed officer with prior experience on tankships or self-propelled

tank vessels will follow Sec. 13.113--that is, he or she may continue

to act as Tankerman-PIC until the first renewal of his or her MMD after

March 31, 1997, provided he

[[Page 25120]]

or she can supply proof of service on company letterhead, from the

owner, operator, master, or chief engineer of the vessel, that details

his or her qualifying service as required by Sec. 13.113(d)(1)(iii). At

the first renewal of the MMD after March 31, 1997, the officer as

applicant will follow Sec. 13.113(d) to obtain his or her Tankerman-PIC

endorsement.

Several comments did not like the requirements of Sec. 13.113(c),

which allows a person who served as PIC for the transfer of liquid

cargoes governed by Subchapter O--but who, because the cargoes were

non-flammable or non-combustible, did not need a tankerman

endorsement--to continue serving as a Tankerman-PIC (Barge) until March

31, 2001. The comments wanted these persons to be compelled to comply

with the regulations by the effective date of the interim rule, like

all other applicants. The Coast Guard agrees in part with these

comments. Requiring these applicants to obtain their original MMDs with

endorsements as Tankerman-PIC (Barge) by the effective date of the

interim rule would have placed undue hardship on them for several

reasons: The RECs would have had an unacceptable work backlog and would

not have been able to provide satisfactory service; and there were

barely enough courses in DL and LG approved by the Coast Guard

available for the oceangoing applicants, let alone for all of the

inland applicants as well. Delaying the effective date for this

substantial portion of the inland applicants should ease these

problems. However, it should be noted that nothing in this rule

prevents a company from requiring that its employees obtain their

endorsements sooner than March 31, 2001.

One comment suggested that the Coast Guard grandfather those

merchant mariners currently serving on their licenses as Tankermen-PICs

by invoking documented sea service on tankships or self-propelled tank

vessels, Certificates of Discharge, or letters from their employers.

The comment stated that this would be consistent with STCW Chapter V/1,

Paragraph 3. The Coast Guard disagrees. STCW allows substitution but

only 2 years or less after it enters into force for the U.S. Because it

entered into force for the U.S. on October 1, 1991, substitution is no

longer allowed.

A separate comment did not like the practice of permitting non-

tankerman to serve as PICs of any transfers of hazardous material. The

Coast Guard is convinced that the comment has misinterpreted the rule.

Section 13.113 allows certain non-tankermen who have already been

acting as Tankerman-PICs to continue so acting until the first renewal

of their MMDs after March 31, 1997. (It aims at preventing a huge work

backlog at the RECs.) By March 30, 2002, all personnel covered by this

section will have Tankerman-PIC endorsements on their MMDs.

Another comment suggested that having mariners obtain the Tankerman

endorsement at the first renewal after March 31, 1997, conflicts with

the renewal of existing MMDs, which began on January 1, 1995. The Coast

Guard disagrees. For example, mariners required to renew their MMDs in

1997 (mariners whose MMDs were issued in years ending in 2 or 7) will

be required to obtain their Tankerman endorsements at the same time.

One comment stated that Tankermen-PICs, to be parallel with foreign

mariners held to STCW Regulation VI/3, will each have to take a

firefighting course every 5 years. The Coast Guard disagrees. The U.S.

has decided that on-board fire and boat drills conducted with training

will satisfy Regulation VI/3. Therefore, no Tankerman-PIC will have to

take either a basic or a combined basic and advanced course in

firefighting more than once.

Another comment advised the Coast Guard that there are currently

operators of uninspected towing vessels (OUTVs) who will be

grandfathered under Sec. 13.113(a) by virtue of their licenses and

service. However, as their vessels are under 100 gross tons, they do

not yet hold MMDs; and the interim rule does not provide for those who

find themselves in this predicament. The Coast Guard agrees and has

amended Sec. 13.113(a) for OUTVs.

A separate comment noted that Table 13.113 does not recognize

credit for service between March 31, 1996, and March 31, 1997. The

Coast Guard acknowledges that the table may have been confusing and has

amended Secs. 13.113(d)(1)(ii) (A) and (B) to make them clearer.

A last comment on Sec. 13.113 asked the Coast Guard to provide for

mariners who previously worked as tankermen but who now work ashore in

the marine industry and cannot satisfy the requirement to prove the

recency of their sea service. The Coast Guard is sympathetic to this

issue. Yet the recency clause is extremely important, to ensure that

they have retained their proficiency in the physical aspects of the

transfer. A mariner working ashore may retain the theory, but become

rusty in actually performing a transfer of oil or hazardous material.

In order to ease the plight of more applicants, yet still require that

applicants retain the practical knowledge they gained while at sea, the

Coast Guard has increased the maximum period of time served since date

of application from 5 years to 10 years for Sec. 13.113(d) and has

added a new Sec. 13.113(d)(3) for mariners holding licenses issued

under part 10 of this chapter who want to obtain endorsements as

Tankermen-PIC (Barge) on their MMDs.

11. 46 CFR 13.115 (Licensed Engineer: Endorsement as Tankerman-

Engineer Based on Service on Tankships or Self-Propelled Tank Vessels

Before March 31, 1996)

The interim rule stated that an applicant who can prove 30 days of

service as chief engineer, first assistant engineer, or cargo engineer

on tankships or self-propelled tank vessels before March 31, 1996, may

apply for a Tankerman-Engineer endorsement on his or her MMD until the

first renewal of the MMD that occurs after March 31, 1997. However, as

discussed in the notice that reopened of the comment period published

March 26, 1996, STCW requires 90 days of sea service to obtain a

Tankerman-Engineer endorsement. Since the U.S. is signatory to STCW,

the Coast Guard considers itself bound to require 90 days of service on

tankships or self-propelled tank vessels so the applicant can obtain

the STCW form that will allow him or her to sail on tank vessels in

ocean service. Any applicant proving only 30 days of service will be

limited to service on vessels certificated for other than ocean

service.

To comply with STCW, and as discussed in the notice that reopened

the comment period, the Coast Guard has renumbered Sec. 13.115(b) as it

stood and added a new Sec. 13.115(b). This requires each applicant for

an endorsement as Tankerman-Engineer to have completed an appropriate

course in DL or LG 10 years or less before March 31, 1996.

One comment stated that the Coast Guard should allow a candidate to

substitute a year of sea service on relevant ships for completion of

the course in DL or LG, as allowed by STCW Regulation V/1 Paragraph 3.

The Coast Guard disagrees. The STCW Regulation requires that such

substitution occur within 2 years after the entry into force of the

Convention for the U.S. Because the Convention entered into force for

the U.S. on October 1, 1991, substitution can no longer occur.

Another comment stated that--because STCW Regulation V/1 Paragraph

2.1 does not apply to Chief or First Assistant Engineers, since they do

not have the particular responsibilities

[[Page 25121]]

for loading, discharging, or caring for the transit or handling of

cargo--these Engineers should not have to complete the course in DL or

LG. Section 13.115 requires the completion of the DL or LG course by of

all masters, chief engineer officers, chief mates, and second engineer

officers, and possibly of others, because of their general

responsibilities, irrespective of STCW. Therefore, applicants for

Tankerman-Engineer endorsements must complete the course.

12. 46 CFR 13.117 (Any Person: Endorsement as Tankerman-Assistant Based

on Unlicensed Deck Service Before March 31, 1996)

The interim rule stated in effect that an applicant who can prove

30 days of deck service or 30 days of service as a pumpman on tankships

or self-propelled tank vessels before March 31, 1996, may apply for a

Tankerman-Assistant endorsement on his or her MMD until the first

renewal of the MMD that occurs after March 31, 1997. However, as

discussed in the notice that reopened the comment period published

March 26, 1996, STCW requires 90 days of sea service to obtain a

Tankerman-Assistant endorsement. Since the U.S. is signatory to STCW,

the Coast Guard considers itself bound to require 90 days of service on

tankships or self-propelled tank vessels so the applicant can obtain

the STCW form that will allow him or her to sail on tank vessels in

ocean service. Any applicant proving only 30 days of service will be

limited to service on vessels certificated for other than ocean

service.

One comment stated that the Coast Guard should allow a candidate to

substitute completion of a tanker-familiarization course for the

required sea service, as allowed by STCW Chapter V/1 Paragraph 1.2. The

Coast Guard agrees. To comply with STCW, and as discussed in the notice

that reopened the comment period, a new Sec. 13.117(c) allows

applicants to substitute completion of a tanker-familiarization course

for the required sea service.

One comment suggested in effect requiring that any applicant for

the Tankerman-Assistant endorsement unable to prove 90 days of sea

service on tankships or self-propelled tank vessels must provide a

certificate of completion from a tanker-familiarization course. The

Coast Guard agrees--see new Sec. 13.117(c).

Another comment requested that the Coast Guard require refresher

training, in the form of a course in tanker-familiarization, upon each

renewal of MMD for all those holding Tankerman-Assistant endorsements.

The Coast Guard disagrees. There is no refresher training required for

any of the other Tankerman endorsements and STCW does not require it.

The Coast Guard makes every attempt to not unnecessarily require more

stringent training of its mariners than other nations require of

theirs.

13. 46 CFR 13.120 (Renewal of Endorsement)

One comment felt that Sec. 12.02-27(c) did not let shore-based

tankermen prove that they meet the professional requirements for

renewal of their MMDs. Shore-based tankermen are, in fact, covered. If

a shore-based tankerman provides a letter on company letterhead showing

assignment to barges for a full year of service during the past 5

years, he or she will be in compliance with Sec. 12.02-27(c)(1).

A separate comment requested a definition of the term ``approved

course.'' The Coast Guard has amended this section to be more definite.

Another comment stated that the number of transfers required for

renewal of endorsement in this section conflicts with the number in

Sec. 13.113(e)(1)(iii), which the comment understood to govern the

first renewal. To clarify, Sec. 13.113(e)(1)(iii) governs the initial

endorsement, which will take place during the first renewal of MMD

occurring after March 31, 1997. Until that time, the mariner who

qualifies under Sec. 13.113 may act as a Tankerman-PIC or Tankerman-PIC

(Barge) with no endorsement on his or her MMD.

A separate comment did not like the fact that this rulemaking did

not grandfather those already holding tankermen's endorsements nor

those having closely-related service. The primary purpose of this

rulemaking is to ensure that mariners with tankermen's endorsements are

competent to perform their duties, even during emergencies. This will

eliminate a significant number of spills. (The secondary purpose is

compliance with STCW. As an ``administration'' responsible to STCW, the

Coast Guard must publish regulations concerning tankermen.) To exempt

existing tankermen from this rulemaking would exempt the majority of

tankermen from having to comply. Since the main purpose of this

rulemaking is to ensure competence in the performance of duties, the

Coast Guard feels this cannot be accomplished without requiring that

all applicants meet some minimum standard--completion of a training

course for original endorsement and actual transfers for renewal. If

the Coast Guard were to allow closely-related service instead of actual

transfers when renewing, there could be mariners holding tankermen

endorsements who have not conducted actual transfers since those

completed for their original endorsements. Therefore, the Coast Guard

has left Sec. 13.120 unchanged.

14. 46 CFR 13.121 (Courses for Training Tankermen)

One comment suggested that the Coast Guard enlist the assistance of

maritime educators or companies handling DL or LG to reformulate Table

13.121(f). This table comes from the guidelines promulgated under STCW

for a Model Course, and the Coast Guard is satisfied with its contents.

Another comment suggested that a review of the requirements of 33

CFR 156.120 should be included as a topic in Table 13.121(f). The Coast

Guard believes that completion of a course covering the required

curricula in Table 13.121(f) will satisfy all of the requirements found

in 33 CFR 156.120.

One comment suggested including a reference with each listing in

case the course-approval guidelines are insufficiently clear. The

National Maritime Center (NMC) makes such guidelines available to those

companies applying for course approval. If any questions arise

regarding a course, the applicant may consult the NMC (or an REC)

directly for clarification.

Several comments felt that certain topics, such as COW systems,

inert-gas systems, and tank-cleaning, were not relevant to the jobs of

inland tankermen. The Coast Guard agrees in principle. However the

Tankerman-PIC endorsement does not limit the mariner to inland waters

only. Therefore, all applicants for the various tankerman endorsements,

except those for Tankerman-PIC (Barge) and restricted Tankerman, will

have to take the same course.

Two comments asked how many transfers, required by Secs. 13.203(b)

and 13.303(b), could be replaced with simulated transfers under

Sec. 13.121(c). They also asked which parts of the required transfers

could be simulated. Section 13.121(c) sets out the necessary

combinations of commencements and completions of loadings and

discharges.

15. 46 CFR 13.125 (Physical Abilities)

This section requires every applicant for the Tankerman-PIC

endorsement to meet the physical requirements of 46 CFR 10.205(d).

However, 46 CFR 12.05-5(b) states that the physical examination for an

able seaman (AB) is the same as for a deck officer. Therefore, if an AB

applicant holds an unexpired deck license or a valid MMD endorsed with

[[Page 25122]]

a rating, the OCMI may waive the requirements for a physical

examination. This section now reflects the availability of waiver.

16. 46 CFR 13.127 (Service: General)

Two comments were concerned that Sec. 13.127(b), as written,

encouraged applicants to violate work-hour rules of OPA 90. Both

recommended that off-duty personnel could fulfill requirements for

competence in transfer of DL or LG through incremental training,

including segments of transfers; this training, including these

segments, would, altogether, constitute the service required. The Coast

Guard agrees and has added Sec. 13.127(b)(9) to reflect this

recommendation.

One comment asked whether the service letter of an applicant

involved in more than the minimum number of transfers must document all

of the applicant's transfers. The letter must document only the number

of transfers required for the particular endorsement.

An additional comment asked who must sign the service letter. The

owner, operator, master, or chief engineer of the vessel must. Section

13.127(a) now reflects this requirement.

A separate comment stated that the term ``fully capable,'' used in

Sec. 13.127(a), is too subjective. The Coast Guard disagrees. Again,

the owner, operator, master, or chief engineer of the vessel must sign

the service letter. It is the Coast Guard's opinion that the person who

has observed the applicant's performance on board the tank vessel is in

the best position to assess his or her ability to supervise transfers

of liquid cargo. If the owner is reluctant to sign the letter, then the

owner should have the person who observed the applicant's performance

sign it.

17. 46 CFR 13.129 (Quick-Reference Table for Tankerman)

One comment stated that Table 13.129 should be amended to require

that applicants for the Tankerman-Engineer endorsement prove required

service and cargo-course completion. The Coast Guard agrees and has

amended the section appropriately.

18. 46 CFR 13.201 (Original Application for ``Tankerman-PIC''

Endorsement) and 13.301 (Original Application for ``Tankerman-PIC

(Barge)'' Endorsement)

One comment questioned how illiterate applicants would be handled.

Completion of the requisite DL or LG course, including a satisfactory

final examination, will ensure that all applicants can adequately read

and understand the English language.

19. 46 CFR 13.203 (Eligibility: Experience)

As discussed in the notice that reopened the comment period dated

March 26, 1996, STCW requires 90 days of sea service to obtain a

Tankerman-PIC endorsement. Since the U.S. is a signatory to STCW, the

Coast Guard has amended this section to require 90 days of service on

tankships or self-propelled tank vessels. However, STCW does not

differentiate between licensed and unlicensed service. Therefore, the

Coast Guard has amended paragraphs (a)(1), (2), and (3) of this section

to require 90 days of sea service for licensed, unlicensed, or cadet

personnel, or a combination of the three.

Many comments suggested that Sec. 13.203 reflect acceptance of

seatime earned aboard tankships or self-propelled tank vessels by

cadets at State maritime academies or the U.S. Merchant Marine Academy

as experience for the Tankerman-PIC endorsement. The Coast Guard agrees

and has amended Sec. 13.203(a)(2) accordingly.

One comment asked how mariners can get experience on vessels and in

what capacity they can be employed while gaining the required service.

Applicants for Tankerman-PIC, Tankerman-Engineer, and Tankerman

Assistant, under STCW Regulation V/1, need 90 days of ``seagoing''

service. The Coast Guard interprets this to mean that they must do more

than merely participate in transfers while their tankships or self-

propelled tank vessels are tied up at the docks. They will have to

obtain the 90 days while they are members of tankships or self-

propelled tank vessels certified to carry DL or LG appropriate to the

endorsements applied for. Applicants for the Tankerman-PIC (Barge)

endorsement may gain the required service by either serving 60 days on

tank vessels appropriate to the endorsement or serving 60 days while

participating in transfers on tank barges appropriate to the

endorsement.

20. 46 CFR 13.303 (Eligibility: Experience)

Two comments requested clarification of Sec. 13.303(a)(1) to ensure

inclusion of shore-based personnel. The Coast Guard agrees and has

amended the section to include those personnel.

Several comments thought that the Coast Guard should define, in

Sec. 13.303(a)(2), the term, ``closely related service.'' This term is

a common term, already used in the regulations in 46 CFR 10.209(c)(4)

and 12.02-27(c)(4). Determinations of ``closely related service'' are

in the purview of individual OCMIs, as each is the local authority

responsible for a marine-safety zone.

One comment requested a reduction in required service for an

applicant already holding an MMD endorsed for DL and seeking an

endorsement for LG, or the converse. Section 13.303(c) already covers

this.

Several comments stated that many tankermen do not travel with tank

barges. In addition, at some facilities, a transfer is often limited to

either the loading or the unloading of a single cargo, thus making it

difficult for an applicant to comply with Sec. 13.303(b). The Coast

Guard agrees, and notes that this type of applicant would probably be

eligible for a restricted endorsement, whether Tankerman-PIC or

Tankerman-PIC (Barge). (However, this endorsement would be severely

restrictive.)

21. 46 CFR 13.305 (Proof of Service for ``Tankerman-PIC (Barge)''

Endorsement)

One comment stated that employers of shore-based tankermen were not

included in those who could provide a among possible providers of the

service letter. The Coast Guard agrees and has amended the section to

include them.

One comment suggested that the Coast Guard reinstate the

requirement that applicants for endorsements as Tankerman-PIC (Barge)

calculate the loading and discharge rates. In standard practice, a

tankerman can monitor such rates on barges without calculating them.

Therefore, this section remains unchanged.

22. 46 CFR 13.307 (Eligibility: Firefighting Course)

One comment noted that the word ``or'' was missing between

paragraphs (a) and (b). The Coast Guard has corrected the omission.

23. 46 CFR 13.309 (Eligibility: Cargo Course)

One comment asked whether the Coast Guard would require later

training in DL or LG for renewal of an MMD. Because completion of a

course in DL or LG is not required for renewal by STCW, the Coast Guard

does not intend to require completion of the course for U.S.

applicants.

Another comment asked whether completion of the Tankerman-PIC

course would count as completion of the Tankerman-PIC (Barge) course.

The Tankerman-PIC course covers more than the material of the

Tankerman-PIC (Barge) course. Therefore, completion of a Tankerman-PIC

course will count as completion of the Tankerman-PIC (Barge) course.

Section 13.309 reflects this change.

[[Page 25123]]

24. 46 CFR 13.401 (Original Application for ``Tankerman Assistant''

Endorsement)

One comment requested that the Coast Guard require applicants for a

Tankerman-Assistant endorsement to be able to read and write English.

The Coast Guard disagrees. 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 his or her ability in English

non-essential to a safe transfer. It already requires that he or she be

capable of clearly understanding and speaking all necessary

instructions in English, and, therefore, has not revised

Sec. 13.401(f).

25. 46 CFR 13.405 (Proof of Service for ``Tankerman-Assistant''

Endorsement)

One comment stated that the term ``in the opinion of the signer,''

used in Sec. 13.405(a)(3), is too subjective. The Coast Guard

disagrees. As earlier noted, the service letter may be signed by the

owner, operator, master, or chief engineer of the vessel. The person

who has observed the subject's performance on board the tankship is in

the best position to confirm the subject's ability to carry out the

responsibilities of Tankerman-Assistant. If the owner is reluctant to

sign the letter, then the owner should have the person who observed the

subject's performance sign as well as prepare it.

26. 46 CFR 13.407 (Eligibility: Firefighting Course)

One comment stated that the firefighting course for tank barges is

irrelevant to tankermen and suggested that the DL or LG course could

teach tankermen all they needed to know about firefighting. The Coast

Guard has determined that the 2-day firefighting course for tank barges

was designed specifically for tankermen. The course includes classroom

training and hands-on fire-extinguishment exercises using portable

extinguishers to control or even extinguish fires at an early stage.

Attendance will give the applicant an appreciation for the hazards of

fires on board tank barges and how to control and extinguish small

fires. Attendance will also teach him or her when to evacuate barges

rather than attempt to fight fires.

27. 46 CFR 13.409 (Eligibility: Cargo Course)

Two comments stated that, since the interim rule does not provide

for Tankerman-Assistant applicants to take the tanker-familiarization

course, the final rule should let the course in DL or LG, completed

within the past 10 years, satisfy the course-completion requirement in

Sec. 13.409. A third comment requested that the final rule let the

tanker-familiarization course itself satisfy it. The Coast Guard agrees

with all three comments. To comply with STCW, it has amended

Sec. 13.409 to let either the tanker-familiarization course or the

course in DL or LG satisfy the requirement.

28. 46 CFR 13.501 (Original Application for ``Tankerman-Engineer''

Endorsement)

Two comments requested that the Coast Guard require that applicants

for a Tankerman-Engineer endorsement be able to read and write English.

The Coast Guard has reconsidered, but has not required this in

Sec. 13.501(g) or elsewhere. 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 his or her ability in English

non-essential to a safe transfer. It already requires that he or she be

capable of clearly understanding and speaking all necessary

instructions in English.

29. 46 CFR 13.503 (Eligibility: Experience)

One comment disagreed with the discussion in the notice that

reopened the comment period, which stated that, to be in compliance

with STCW, an applicant for the endorsement as Tankerman-Engineer must

both complete the appropriate course in DL or LG and prove 90 days of

sea service on tankships or self-propelled tank vessels. The Coast

Guard disagrees with the comment and has amended Secs. 13.503 and

13.509 to require both the course and the service.

30. 46 CFR 13.509 (Eligibility: Cargo Course)

One comment asked whether completion of a Tankerman-PIC course

would satisfy the requirement for a Tankerman-PIC (Engineer) course.

Tankerman-Engineer applicants have to take the Tankerman-PIC course: No

Tankerman (PIC)-Engineer course exists.

31. 46 CFR 15.860 (Tankerman)

Many comments recommended various changes to the Coast Guard's

definition of ``line of sight.'' After considering all such changes,

the Coast Guard now defines being ``directly supervised'' in

Sec. 15.301(a) as ``being in the direct line of sight of the person in

charge or maintaining direct, two-way communications by a convenient,

reliable means, such as a predetermined working frequency over a hand-

held radio.''

Two comments stated that, because of the work-hour limits in OPA

90, Table 15.860(a)(1) is deficient in requiring only two Tankerman-

PICs. The Coast Guard disagrees. The number of tankermen listed in

Table 15.860(a)(1) is the minimum number required. The proper number

required will depend upon the vessel's operation. It is the vessel's

responsibility to ensure that sufficient tankermen are onboard to

satisfy OPA 90 on hours of work.

One comment reasoned that, if the Coast Guard required all

tankermen to speak and understand English, five persons on every

foreign-flag vessel would have to speak and understand English. The

Coast Guard disagrees. Part 15 governs manning on U.S.-flag vessels

only.

32. 46 CFR 35.35-30 (``Declaration of Inspection'' for Tank Vessels--

TB/ALL)

The heading for Sec. 35.35-30, though amended by the interim rule

dated April 4, 1995, did not appear amended when codified at 46 CFR

parts 1-40 on October 1, 1995. The Coast Guard is recapitulating the

amended heading in this final rule.

33. 46 CFR 35.35-35 (Duties of Person in Charge of Transfer--TB/ALL)

Several comments asked the Coast Guard to ensure coverage of

transfers of fuel oil and bunkers in this section. They added that a

large segment of the industry does not realize that it must comply with

33 CFR 156.120 and 156.150 when conducting such transfers. The Coast

Guard agrees and has amended this section to refer to 33 CFR 156.120

and 156.150.

34. 46 CFR 105.45-1 (Loading or Dispensing Petroleum Products)

Several comments asked whether a fishing vessel transferring fuel

oil to another fishing vessel would need to have a tankerman on board.

If Sec. 105.05-1 applies to the vessel, Sec. 105.45-1(b) requires that

each person aboard it, in charge of a transfer of liquid cargo in bulk

to or from a cargo tank, hold a valid MMD endorsed as Tankerman-PIC

(restricted or not) or a valid license authorizing service as master,

mate, pilot, or engineer.

Regulatory Evaluation

This final 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 under

[[Page 25124]]

that Order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979).

A regulatory assessment, which was completed in August 1989, has

been revised to reflect adjustments to data and the discount rate. It

is available in the docket for inspection or copying where indicated

under ADDRESSES. A summary of the assessment follows:

This final rule applies to persons serving as tankermen and to

those in charge of, and assisting in, the handling, transfer, and

transport of DL or LG on tank vessels, including tank barges. To meet

the new standards, a mariner serving in any of these capacities must

obtain one of the following endorsements on his or her MMD:

``Tankerman-PIC''; restricted ``Tankerman-PIC''; ``Tankerman-PIC

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

Assistant''; or ``Tankerman-Engineer.''

The population affected by this final rule is the number of

shipboard personnel on tank vessels, including barges, whom this rule

requires to hold the tankerman endorsement. Shore-based personnel who

board unmanned barges to load or unload them will likewise be affected.

Last, persons who serve as PICs on tank vessels or tank barges, whether

employed onboard or ashore, for the transfer of liquid cargoes in bulk

listed in subchapter O, but who did not previously require tankerman

endorsements because the cargoes transferred were non-flammable or non-

combustible, will likewise be affected. As of November 1996, there were

an estimated 205 tankships, on ocean, coastwise, and inland or Great

Lakes routes, and 4926 tank barges.\1\ Roughly 17,525 personnel will

need the endorsements to comply with 33 CFR 155.710. This number

includes those OUTVs whom Sec. 155.710 requires to hold the

endorsements. About 45 percent of the 17,525 will be applicants

currently unlicensed. If statistics for original MMDs issued with

tankerman endorsements from 1992 through 1995 are indicative, about 825

new tankermen will receive the endorsements annually. Likewise, about

240 new OUTVs will receive them annually.

---------------------------------------------------------------------------

\1\ Based on a query of the database of the Marine Safety

Management System (MSMS).

---------------------------------------------------------------------------

Comment on Cost

One comment stated that the cost of a DL or LG course and a

firefighting course for the restricted Tankerman-PIC or Tankerman-PIC

(Barge) endorsement is excessive for small companies engaged in the

transportation of DL or LG. The Coast Guard has concluded that the

applicant for a restricted Tankerman-PIC or Tankerman-PIC (Barge)

endorsement need not complete a course in DL or LG. The applicant must,

indeed, complete an approved course in tank-barge firefighting,

designed specifically for tank barges and including exercises in

extinguishment of tank-barge fires.

Costs

The costs of this final rule in general result from training

tankermen in firefighting and in DL and LG. The costs to any particular

applicant depend on the courses taken, the fees for the courses, and

(where applicable) the expenses for travel, meals, and lodging. If the

courses are offered by the employer, there may be no costs to the

applicant. Other costs include fees to applicants to obtain original

MMDs and associated endorsements issued by RECs. Since December 1988,

firefighting has been a requirement for licensed personnel. Therefore,

the costs of this rule due to firefighting will primarily affect

unlicensed personnel. The following are general premises: (1) An

estimated 15 percent of tankship applicants, 33 percent of tank-barge

applicants, 50 percent of subchapter-O applicants, and 50 percent of

OUTV applicants will get restricted endorsements, which do not require

an approved course in DL or LG; (2) 45 percent of applicants for

tankermen's endorsements every year must get training in firefighting;

(3) OUTVs operating on routes other than ocean routes must get training

in firefighting; (4) 50 percent of tankermen certified under prior

regulations but applying for the new endorsement will attend a less-

detailed, approved training course through their employers' in-house

programs rather than the full approved course in DL or LG offered by

independent schools; (5) tankermen usually work on rotational

schedules, allowing them to arrange for enrollment in courses without

interfering with their normal jobs; and (6) about 30 percent of those

attending independent schools will incur miscellaneous expenses

involving travel and lodging.

The Coast Guard estimates costs due to the new requirements for

tankermen certified under prior regulations will be $4,635,850 for

courses in DL and LG and $5,112,325 for courses in firefighting. (As

under the interim rule, these tankermen have until their first license

renewals after March 31, 1997, to meet the requirements.) It estimates

that those costs for the 825 or so tankermen and 240 or so OUTVs

entering the industry every year will be $1,082,780 and $183,150,

respectively.

Industry Costs

The Coast Guard estimates the cost of this final rule to employers

who will offer in-house courses--in DL or LG, only to those tankermen

certified under prior regulations but applying for the new

endorsement--to be $4,101,562. Because these courses will be less-

detailed, their cost should be less than that of an independent school.

Total Costs

The Coast Guard estimates the costs of this final rule to be

$8,091,320 to tankermen already in the industry, $4,101,562 to

employers who will offer in-house courses in DL or LG, $1,550,185 to

OUTVs as required in Sec. 155.710, $477,750 to applicants for fees

associated with the issuance of original MMDs and endorsements, and

$1,265,930 to new tankermen and OUTVs entering the industry every year.

Costs will accrue over the next 5 years, based on the renewal dates of

the applicants' licenses or MMDs. Exceptions hold for applicants who

serve as PICs for the transfer of liquid cargoes governed by Subchapter

O. These applicants must be in compliance with the rule by March 31,

2001. The costs to year 2007 are estimated to be $28,627,497. The

present value of these costs to year 2007 is $20,474,844. This reflects

a 7-percent discount rate back to year 1997 of the projected stream of

costs in accordance with current guidance from the Office of Management

and Budget.

Benefits

The measures instituted by this final rule, to establish the

qualifications of mariners in charge of, and assisting in, the transfer

of DL and LG, should reduce the risks and severity of spills, and

mitigate pollution of the environment. The main purpose is to ensure

that these mariners are competent to perform their duties. Quantifiable

benefits accruing from this rule will be reductions in injuries and

deaths, and reductions in spills and the associated clean-up costs.

Non-quantifiable benefits will be improved safety and firefighting

procedures and a nationwide standard for tankermen's qualifications.

OPA 90 consolidated prior federal pollution laws and established an

Oil Spill Liability Trust Fund (OSLTF) of $1 billion, administered by

the Coast Guard, to pay for prompt removal of oil and for uncompensated

damages. The Coast Guard believes that this final rule will bring a

decrease of spills resulting

[[Page 25125]]

from tankermen's errors. The number and volume of these spills can fall

between 10 percent and 30 percent over the next five years. From 1990

to 1995, OSLTF spent, on average, about $32,000,000 a year; the sum

increases every year. Decreases in these expenditures alone would

result in savings between $16,000,000 and $48,000,000 over the next

five years. The estimate of the total cost of this rule, almost $28.6

million over ten years, is less than the average estimate of

$32,000,000 in savings over just five years.

Small Entities

Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.] the

Coast Guard must consider whether this final rule will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their field; (2) governmental jurisdictions with

populations of less than 50,000; and (3) ``small business concern[s]''

as defined by section 3 of the Small Business Act (15 U.S.C. 632(a)).

(Small businesses are identified under Standard Industrial

Classification codes and size standards in the table following 13 CFR

121.201.)

Sufficient flexibility was built into the rulemaking when the

interim rule was published on April 4, 1995, to accommodate small

entities. The effective date of March 31, 1997, or later provided

enough leeway to applicants regarding the new requirements. Any person

with a license, who served as a PIC before March 31, 1996, may continue

to so serve until the first renewal of his or her MMD or license after

March 31, 1997. The person will then follow 46 CFR 13.113(d) to obtain

his or her Tankerman-PIC endorsement. Any applicant for an original

endorsement now enjoys not 2 but 5 years to complete his or her course

in DL or LG under 46 CFR 13.209, 13.309, and 13.409. And the Coast

Guard is willing to let applicants obtaining their Tankerman-PIC

endorsements under prior regulations, cited in Sec. 13.113, attend

less-detailed, approved courses in DL or LG offered by their employers

rather than the full approved courses in DL and LG offered by

independent schools.

This rule places its burden on individual tankermen, not on their

employers, who may, though not required, relieve the tankermen of it.

The Coast Guard expects that, of the employers who will assume this

responsibility, few, if any, will be small entities.

Therefore, the Coast Guard certifies under 5 U.S.C. 601 et seq.

that this final rule will not have a significant economic impact on a

substantial number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

will provide assistance to small entities to determine how this rule

applies to them. If you are a small business and need assistance

understanding the provisions of this rule, please contact your local

REC.

Collection of Information

This final rule contains collection of information requirements.

The Coast Guard has submitted the requirements to the Office of

Management and Budget (OMB) for review under section 3504(h) of the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and the OMB has

approved them. The section numbers are 13.107, 13.109, 13.111, 13.113,

13.115, 13.117, 13.123, 13.201, 13.301, 13.401, and 13.501, and the

corresponding OMB approval numbers are OMB Control Numbers 2215-0514

and 2115-0111.

Federalism

The Coast Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612 and has determined that

the rule does not have sufficient implications for federalism to

warrant the preparation of a Federalism Assessment. The authority to

issue merchant mariners' licenses and documents belongs to the Coast

Guard by Federal statutes.

Environment

The Coast Guard considered the environmental impact of this final

rule and concluded that, under paragraph 2.B.2. of Commandant

Instruction M16475.1B, this rule is categorically excluded from further

environmental documentation. This exclusion is in accordance with

paragraphs 2.B.2.e(34) (c) and (d), since the rule concerns maritime

personnel and the manning and equipping of vessels. A ``Categorical

Exclusion Determination'' is available in the docket for inspection or

copying where indicated under ADDRESSES.

List of Subjects

33 CFR Part 154

Fire prevention, Hazardous substances, Oil pollution, Reporting and

recordkeeping requirements.

33 CFR Part 155

Hazardous substances, Oil pollution, Reporting and recordkeeping

requirements.

33 CFR Part 156

Hazardous substances, Oil pollution, Reporting and recordkeeping

requirements, Water pollution control.

46 CFR Part 13

Barges, Seamen, Tank vessels.

46 CFR Part 15

Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 30

Cargo vessels, Foreign relations, Hazardous materials

transportation, Penalties, Reporting and recordkeeping requirements,

Seamen.

46 CFR Part 35

Cargo vessels, Marine safety, Navigation (water), Occupational

safety and health, Reporting and recordkeeping requirements, Seamen.

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, Seamen.

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

CFR parts 154, 155, and 156, and 46 CFR parts 13, 15, 30, 35, 98, and

105 as follows:

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

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 and/or revising the

following definitions in alphabetical order to read as follows:

Sec. 154.105 Definitions.

* * * * *

Boundary Line means any of the lines described in 46 CFR part 7.

* * * * *

Self-propelled tank vessel means a self-propelled tank vessel other

than a tankship.

[[Page 25126]]

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

Tankship means a self-propelled tank vessel constructed or adapted

primarily to carry oil or hazardous material in bulk in the cargo

spaces.

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, and that--

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject

to the jurisdiction of the United States.

* * * * *

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGUATIONS

FOR 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, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. Sections

155.100 through 155.130, 155.350 through 155.400, 155.430, 155.440,

155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33

U.S.C. 1903(b); and sections 155.1110 and 155.1150 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.

Each operator or agent of a vessel with a capacity of 250 or more

barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as

regulated in Table 4 of 46 CFR part 154, or each person who arranges

for and hires a person to be in charge of a transfer of fuel oil, of a

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

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

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

cleaning.

5. In Sec. 155.710 paragraph (a)(3) is added and paragraphs (a)(1),

(a)(2), (b), (c)(2), (c)(3), (c)(4) introductory text, (c)(4)(ii),

(c)(4)(iii), (c)(5), (d)(1), (d)(2), (d)(3) introductory text,

(d)(3)(ii), (d)(3)(iii), (d)(4), (e) introductory text, (e)(1), (e)(2),

(e)(3), (f), and (g) are revised to read as follows:

Sec. 155.710 Qualifications of person in charge.

(a) * * *

(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 Crude-Oil Washing

(COW), inert-gas, and vapor-control systems--to safely conduct a

transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank

cleaning;

(2) Except as provided in paragraph (g) of this section, holds a

license issued under 46 CFR part 10 authorizing service aboard a vessel

certified for voyages beyond any Boundary Line described in 46 CFR part

7, except on tankships or self-propelled tank vessels not certified for

voyages beyond the Boundary Line; and

(3) Except as provided in paragraph (g) of this section and 46 CFR

13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46

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

fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning,

as appropriate to the product.

(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 fuel oil, of a

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

verify to his or her satisfaction that each PIC--

(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 COW, inert-gas,

and vapor-control systems--to safely conduct either a transfer of

liquid cargo in bulk or cargo-tank cleaning; and

(2) Except as provided in paragraph (g) of this section and 46 CFR

part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge)

endorsement issued under 46 CFR part 13 that authorizes the holder to

supervise the transfer of fuel oil, the transfer of liquid cargo in

bulk, or cargo-tank cleaning, as appropriate to the product and vessel.

(c) * * *

(2) Except as provided in paragraph (g) of this section, 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) Except as provided in paragraph (g) of this section, holds a

Dangerous-Cargo Endorsement or Certificate issued by a flag state party

to the International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers, 1978 (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 of the transfer of fuel oil,

of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;

(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 fuel oil, a transfer of liquid cargo in bulk, or cargo-tank

cleaning, except that the use of an interpreter meets this requirement

if the interpreter--

* * * * *

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

times during the transfer or cargo-tank cleaning; and

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

ships, transfers, and cargo-tank cleaning; and

(5) Is capable of effectively communicating with all crewmembers

involved in the transfer or cargo-tank cleaning, with or without an

interpreter.

(d) * * *

(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 COW, inert-gas,

and vapor-control systems--to safely conduct a transfer of fuel oil, a

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

(2) Except as provided in paragraph (g) of this section, 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 of the transfer of fuel oil, of the transfer of liquid cargo in

bulk, or of cargo-tank cleaning;

(3) 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 fuel oil, a transfer of liquid cargo in bulk, or cargo-tank

cleaning, except that the use of an interpreter meets this requirement

if the interpreter--

* * * * *

[[Page 25127]]

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

times during the transfer or cargo-tank cleaning; and

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

ships, transfers, and cargo-tank cleaning; and

(4) Is capable of effectively communicating with all crewmembers

involved in the transfer or cargo-tank cleaning, with or without an

interpreter.

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

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

transfer of fuel oil requiring a Declaration of Inspection--

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

service as master, mate, pilot, engineer, or operator aboard that

vessel, or holds a valid MMD issued under 46 CFR part 13 endorsed as

Tankerman-PIC or Tankerman-PIC (Barge), appropriate to the fuel oil and

the vessel, unless exempted elsewhere in this chapter;

(2) On each uninspected vessel not requiring a licensed person

aboard, 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; or

* * * * *

(f) Except as provided in paragraph (g) of this section, the

operator or agent of each self-propelled tank vessel carrying oil or

hazardous material in bulk shall verify to his or her satisfaction that

the PIC of the transfer of oil or hazardous material in bulk to or from

a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement

on his or her MMD and either a license or a Certificate issued by a

flag state party to STCW authorizing service as a master, mate, pilot,

engineer, or operator aboard that vessel.

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

facility or shipyard need not hold any of the licenses, documents,

certificates, or endorsements required in paragraphs (a) through (f) of

this section, if he or she is a National Fire Protection Association

Certificated Marine Chemist.

6. The introductory text of Sec. 155.720 is revised to read as

follows:

Sec. 155.720 Transfer procedures.

The operator of a vessel with a capacity of 250 or more barrels of

oil, hazardous material, or liquefied gas as regulated in Table 4 of 46

CFR part 154 shall provide transfer procedures that meet the

requirements of this part and part 156 of this chapter for

transferring--

* * * * *

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

7. The authority citation for part 156 continues to read as

follows:

Authority: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); 46 U.S.C.

3703a. Subparts B and C also issued under 46 U.S.C. 3715.

8. In Sec. 156.120 paragraph (w)(13) is added; and paragraphs (w)

introductory text, and (w)(12) are revised to read as follows:

Sec. 156.120 Requirements for transfer.

* * * * *

(w) The person in charge of the transfer on the transferring vessel

or facility and the person in charge of it on the receiving vessel or

facility have held a conference, to ensure that each person in charge

understands--

* * * * *

(12) Transfer shutdown procedures; and,

(13) If the persons use radios, a predetermined frequency for

communications during the transfer, agreed upon by both.

* * * * *

TITLE 46--SHIPPING

PART 13--CERTIFICATION OF TANKERMEN

9. The authority citation for part 13 continues to read as follows:

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

10. In Sec. 13.103 the introductory text is republished and the

following definitions are added and/or revised in alphabetical order to

read as follows:

Sec. 13.103 Definitions.

As used in this part:

Approved training means training that is approved by the Coast

Guard or meets the requirements of Sec. 10.309 of this chapter.

* * * * *

Directly supervised means being in the direct line of sight of the

person in charge, or maintaining direct, two-way communications by a

convenient, reliable means, such as a predetermined working frequency

over a hand-held radio.

* * * * *

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, except a liquid cargo carried in a

portable tank actually loaded and discharged from a vessel with the

contents intact.

* * * * *

Officer in Charge, Marine Inspection (OCMI), means, for this part,

the officer or individual so designated at one of the locations of the

regional examination centers listed in Sec. 10.105.

* * * * *

Regional examination center (REC) means an office of an OCMI that

performs licensing and certification.

Restricted Tankerman endorsement means a valid tankerman

endorsement on an MMD restricting its holder as the OCMI deems

appropriate--for instance, to one or a combination of the following: A

specific cargo or cargoes; a specific vessel or vessels; a specific

facility or facilities; a specific employer or employers; a specific

activity or activities (such as loading or unloading in a cargo

transfer); or a particular area of water.

Self-propelled tank vessel means a self-propelled tank vessel other

than a tankship.

* * * * *

Tankship means a self-propelled tank vessel constructed or adapted

primarily to carry oil or hazardous material in bulk in the cargo

spaces.

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, and that--

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject

to the jurisdiction of the United States.

* * * * *

11. In Sec. 13.107 paragraphs (a), (b), (c), (d), and (e) are

revised, and a new paragraph (g) is added, to read as follows:

Sec. 13.107 Tankerman endorsement: General.

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

part, the OCMI at an 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 a transfer of fuel oil, of a

transfer of liquid cargo in bulk, or of cargo-tank cleaning on any tank

vessel. That person may also act as a Tankerman-Engineer, provided that

he or she also holds an engineer's license.

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

part, the OCMI at an REC may endorse his or

[[Page 25128]]

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 a transfer of liquid cargo in bulk only on a tank barge.

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

part, the OCMI at an REC may endorse his or her MMD as ``Tankerman-

Assistant'' with the appropriate cargo classification or

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

any transfer of fuel oil, of any transfer of liquid cargo in bulk, or

of cargo-tank cleaning unless he or she also holds an endorsement

authorizing service as PIC. He or she may, however, without being

directly supervised by the PIC, perform duties relative to cargo and

cargo-handling equipment assigned by the PIC of transfers of fuel oil,

of transfers of liquid cargo in bulk, or of cargo-tank cleaning. 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 at an REC 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 fuel oil, of any transfer of

liquid cargo in bulk, or of cargo-tank cleaning 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 his or her self-propelled tank vessel carrying DL or LG, for

maintaining both the cargo systems and equipment for transfer of

liquids in bulk and the bunkering systems and equipment. No person

licensed under part 10 of this chapter may serve as a chief engineer,

first assistant engineer, or cargo engineer aboard an inspected self-

propelled tank vessel when liquid cargo in bulk or cargo residue is

carried unless he or she holds this endorsement or equivalent.

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

at an REC may place on his or her MMD an endorsement as a ``Tankerman-

PIC'' restricted according to the definitions of ``restricted Tankerman

endorsement'' in Sec. 13.103.

* * * * *

(g) This section does not apply to any person solely by reason of

his or her involvement in bunkering or fueling.

12. In Sec. 13.111 paragraphs (a), (b), and (c) are revised and

paragraph (f) is added to read as follows:

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, specific vessels

or groups of vessels (such as uninspected towing vessels and Oil Spill

Response Vessels), specific facilities, specific employers, or

otherwise as the OCMI deems appropriate. The OCMI will evaluate each

application and may modify the applicable requirements for the

endorsement, allowing for special circumstances and for whichever

restrictions the endorsement will state.

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

applicant shall meet Secs. 13.201, excluding paragraph (f); 13.203; and

13.205.

(1) Twenty-five percent of the service described in Sec. 13.203(a)

must have occurred within the past five years.

(2) Two of the transfers described in Sec. 13.203(b) must have

occurred within the past five years.

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

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

(f); and 13.305.

(1) Twenty-five percent of the service described in Sec. 13.303(a)

must have occurred within the past five years.

(2) Two of the transfers described in Sec. 13.303(b) must have

occurred within the past five years.

* * * * *

(f) Because the International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers, 1978 (STCW), does not

recognize restricted Tankerman-PIC endorsements, persons may act under

these only aboard vessels conducting business inside the Boundary Line.

13. In Sec. 13.113, the heading and paragraphs (a), introductory

text (c), (d), introductory text (d)(1)(i), (d)(1)(ii), (d)(1)(iii),

(d)(2), (e)(1)(ii), (e)(1)(iii), and (f) are revised, and new paragraph

(d)(3) is added to read as follows:

Sec. 13.113 Tankermen 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 Sec. 12.02-27

of this chapter that occurs after March 31, 1997, or, if he or she

holds no MMD, until the first renewal of his or her license that occurs

after March 31, 1997, as follows:

* * * * *

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

in bulk listed in subchapter O of this chapter but who did not require

a tankerman endorsement, because the cargoes were non-flammable or non-

combustible, 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 self-propelled

tank vessel--that proves his or her qualifying service as required by

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

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

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

``Tankerman-PIC (Barge)'' endorsement under this subpart.

(1) * * *

(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), ``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) Either--

(A) 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 Sec. 13.121(d) and Table 13.121(f), appropriate to the

endorsement applied for; or

(B) A letter on company letterhead from the applicant's employer

stating that the applicant has successfully completed the approved

training discussed in Sec. 13.121 (i) or (j); 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 self-propelled tank vessels before

March 31, 1996; acted as the PIC of the transfer of DL or LG,

appropriate to the endorsement applied for within the last 5 years; and

accumulated two transfers on self-propelled tank vessels within the

last 10 years; and

(2) Served at least 90 days as a master or mate on self-propelled

tank vessels certified to carry DL or LG, appropriate to the

endorsement applied for, before March 31, 1996; and acted as a master

or mate on self-propelled tank vessels

[[Page 25129]]

certified to carry DL or LG within the last 10 years.

(B) Certificates of discharge proving at least 90 days of service

as master or mate on self-propelled tank vessels certified to carry DL

or LG, appropriate to the endorsement applied for, before March 31,

1996, with at least one discharge date within the last 5 years.

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

licensed officer shall present--

(i) Either--

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

firefighting described in paragraph (d)(1)(i) of this section, or from

a course in tank-barge firefighting approved by the Commandant; or

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

master, or chief engineer of a tank vessel attesting that before March

31, 1996, the applicant received training in awareness of hazards due

to flammability 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(g);

(ii) Either--

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

LG for tankships or tank barges approved by the Commandant, appropriate

to the endorsement applied for;

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

LG for tankships or tank barges up to 10 years before March 31, 1996,

that the OCMI determines substantially covers the material required by

Table 13.121(f); or

(C) A letter on company letterhead from the applicant's employer

stating that the applicant has successfully completed the approved

training discussed in Sec. 13.121(i) or (j); and

(iii) Evidence either--

(A) Of service that satisfies paragraph (d)(1)(iii) of this

section, except that for paragraphs (d)(1)(iii) (A)(2) and (B) 60 days

of service on any tank vessel are enough; or

(B) On company letterhead, from the owner or operator of a

terminal, or of a tank barge, of service attesting that the applicant

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

endorsement applied for, on tank barges, before March 31, 1996, and

accumulated two transfers on tank barges within the last 10 years.

(3) To qualify for a restricted endorsement based on grades of

cargo handled, a mariner shall--

(i) For a restricted ``Tankerman-PIC'' endorsement, meet paragraphs

(d)(1) (i) and (iii) of this section; or

(ii) For a restricted ``Tankerman-PIC (Barge)'' endorsement, meet

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

(e) * * *

(1) * * *

(ii) Either--

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

LG approved by the Commandant up to 10 years before March 31, 1996,

appropriate to the endorsement applied for;

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

LG up to 10 years before March 31, 1996, that the OCMI determines

substantially covers the material required by Table 13.121(f); or

(C) A letter on company letterhead from the applicant's employer

stating that the applicant has successfully completed the approved

training discussed in Sec. 13.121 (i) or (j); and

(iii) Evidence on company letterhead from the owner, operator,

master, or chief engineer of the vessel, or from the owner or operator

of a terminal or of a tank barge, of service attesting that the

applicant both acted as the PIC of the transfer of DL or LG,

appropriate to the endorsement applied for on self-propelled tank

vessels or on tank barges, before March 31, 1996, and accumulated two

transfers on self-propelled tank vessels or on tank barges within the

last 10 years.

* * * * *

(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, except

that each person qualifying under paragraph (c) of this section shall

obtain the endorsement by March 31, 2001.

* * * * *

14. Table 13.113 is revised to read as follows:

Table 13.113.--Tankermen Certified Under Prior Regulations

----------------------------------------------------------------------------------------------------------------

Service after

effective date

Before effective date served but before Requirements for permanent Requirements for RESTRICTED

as: permanent endorsement to an MMD: endorsement to an MMD:

endorsement:

----------------------------------------------------------------------------------------------------------------

Licensed Officer............. May serve as Section 13.113(d) (1), (2)....... Section 13.113(d)(3).

Tankerman-PIC

in accordance

with 13.113(a),

until first

renewal of MMD

or license

after March 31,

1997.

Tankerman with endorsement on May serve as Section 13.113(e)(1)............. Section 13.113(e)(2).

MMD. Tankerman-PIC

(Barge) in

accordance with

13.113(B),

until first

renewal of MMD

after March 31,

1997.

PIC of non-flammable or non- May serve as Section 13.113(e)(1)............. Section 13.113(e)(2).

combustible cargoes listed Tankerman-PIC

in Subchapter O. (Barge) in

accordance with

13.113(c) until

March 31, 2001.

----------------------------------------------------------------------------------------------------------------

15. Section 13.115 is revised to read as follows:

Sec. 13.115 Licensed engineer: Endorsement as Tankerman-Engineer based

on service on tankships or self-propelled tank vessels before March 31,

1996.

A licensed person with at least 30 days of service as chief

engineer, first assistant engineer, or cargo engineer on one or more

tankships or self-propelled tank vessels 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--

(a) Either--

(1) 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 engineer, first assistant engineer, or

cargo engineer on tankships or self-propelled tank vessels certified to

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

March 31, 1996, and has so served within the last 5 years; or

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

as chief engineer, first assistant engineer, or cargo engineer on

tankships or self-propelled tank vessels certified to carry DL or LG,

appropriate to the endorsement applied for before March

[[Page 25130]]

31, 1996, with a discharge date within the last 5 years; and

(b) Either--

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

LG for tankships approved by the Commandant, appropriate to the

endorsement applied for;

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

LG for tankships up to 10 years before March 31, 1996, that the OCMI

determines substantially covers the material covered by Table

13.121(f); or

(3) A letter on company letterhead from the applicant's employer

stating that the applicant has successfully completed the approved

training discussed in Sec. 13.121 (i) or (j).

16. Section 13.117 is revised to read as follows:

Sec. 13.117 Any person: Endorsement as Tankerman-Assistant based on

unlicensed deck service before March 31, 1996.

An applicant with unlicensed deck service on tankships or self-

propelled tank vessels 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 he or she presents either--

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

master of the vessel attesting that the applicant performed at least 30

days of deck service or service as a pumpman of tankships or self-

propelled tank vessels certified to carry DL or LG appropriate to the

endorsement applied for before March 31, 1996, and has so performed

within the last 5 years;

(b) Certificates of Discharge proving at least 30 days of deck

service or of service as a pumpman on tankships or self-propelled tank

vessels certified to carry DL or LG, appropriate to the endorsement

applied for, before March 31, 1996, with a discharge date within the

last 5 years; or

(c) A certificate of completion from a tanker-familiarization

course approved by the Commandant.

17. Section 13.120 is revised to read as follows:

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 prove either participation in at least two transfers within the

last 5 years in accordance with Sec. 13.127(b) or completion of an

approved course as described in Sec. 10.304.

18. In Sec. 13.121 paragraphs (c), (d)(3), (d)(4), (f), and (g) are

revised; and new paragraphs (d)(5), (d)(6), (h), (i), and (j) are added

to read as follows:

Sec. 13.121 Courses for training tankermen.

* * * * *

(c) A course that uses simulated transfers to train students in

loading and discharging tank vessels may replace up to 2 loadings and 2

discharges, 1 commencement and 1 completion of loading, and 1

commencement and 1 completion of discharge required for a Tankerman-PIC

or Tankerman-PIC (Barge) endorsement. The request for approval of the

course must specify those segments of a transfer that the course will

simulate. The letter from the Coast Guard approving the course will

state the number and kind of segments that the course will replace.

(d) * * *

(3) ``Tankerman-PIC LG'' is Tankship: Liquefied Gases;

(4) ``Tankerman-PIC (Barge) LG'' is Tank Barge: Liquefied Gases;

(5) ``Tankerman-Assistant DL'' is Familiarization with DL Tankship;

and

(6) ``Tankerman-Assistant LG'' is Familiarization with LG Tankship.

* * * * *

(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) or Sec. 13.121(h).

(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,

Table 13.121(g) for firefighting, or Sec. 13.121(h) for familiarization

with tankships, 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.

(h) The Coast Guard will evaluate the curricula of courses for

Familiarization with DL and LG Tankships to ensure adequate coverage of

the required subjects. Training may employ classroom instruction,

demonstrations, or simulated or actual operations.

(1) The curricula of courses for Familiarization with DL Tankships

must consist of the following:

(i) General characteristics, compatibility, reaction, firefighting,

and safety precautions for bulk liquid cargoes defined as DL in this

part.

(ii) Terminology of tankships carrying oil and other chemicals.

(iii) General arrangement and construction of cargo tanks, vapor

control, and venting.

(iv) Cargo-piping systems and valves.

(v) General operation of cargo pumps.

(vi) General discussion of the following operations connected with

the loading and discharging of cargo:

(A) Pre-transfer inspection and conference and Declaration of

Inspection.

(B) Lining up of the cargo and vapor-control systems and starting

of liquid flow.

(C) Connecting and disconnecting of cargo hoses and loading arms.

(D) Loading.

(E) Ballasting and de-ballasting.

(F) Discharging.

(G) Tank-gauging (open and closed).

(vii) Rules of the Coast Guard governing operations in general and

prevention of pollution in particular.

(viii) Prevention and control of pollution.

(ix) Emergency procedures.

(x) Safety precautions relative to:

(A) Entering cargo tanks and pump room.

(B) Dangers of contact with skin.

(C) Inhalation of vapors.

(D) Protective clothing and equipment.

(E) Hot work.

(F) Precautions respecting electrical hazards, including hazards of

static electricity.

(xi) General principles and procedures of Crude-Oil Washing (COW)

Systems and inert-gas systems.

(xii) Tank-cleaning procedures and precautions.

(xiii) Principles and procedures of vapor-control systems.

(xiv) Cargo-hazard-information systems.

(2) To ensure adequate coverage of the required subjects, training

may employ classroom instruction, demonstrations, or simulated or

actual operations. The curricula of courses for Familiarization with LG

Tankships must consist of the following:

(i) General characteristics, compatibility, reaction, firefighting,

and safety precautions for cargoes defined as LG in this part.

(ii) Terminology of tankships carrying LG.

(iii) Physical properties of LG.

(iv) Potential hazards and safety precautions of LG:

(A) Combustion characteristics.

(B) Hot work.

(C) Results of release of LG to the atmosphere.

(D) Health hazards (skin contact, inhalation, and ingestion).

(E) Protective clothing and equipment.

(F) Tank-entry procedures and precautions.

(G) Thermal stresses.

(H) Precautions respecting electrical hazards, including hazards of

static electricity.

[[Page 25131]]

(v) Cargo-containment systems.

(vi) General arrangement and construction of cargo tanks.

(vii) Cargo-piping systems and valves.

(viii) Instrumentation:

(A) Cargo-level indicators.

(B) Gas-detecting systems.

(C) Systems for monitoring temperatures of hulls and cargoes.

(D) Automatic shut-down systems.

(ix) Heating systems for cofferdams and ballast tanks.

(x) General discussion of the following operations connected with

the loading and discharging of cargo:

(A) Pre-transfer inspection and conference and Declaration of

Inspection.

(B) Lining up of the cargo and vapor-control systems and starting

of liquid flow.

(C) Connecting and disconnecting of cargo hoses and loading arms.

(D) Loading.

(E) Ballasting and de-ballasting.

(F) Discharging.

(xi) Disposal of boil-off.

(xii) Emergency procedures.

(xiii) Rules of the Coast Guard governing operations in general and

prevention of pollution in particular.

(xiv) Principles and procedures of IGSs.

(xv) Tank-cleaning procedures and precautions.

(xvi) Principles and procedures of vapor-control systems.

(xvii) Cargo-hazard-information systems.

(i) A company that offers approved DL training for its employees

shall ensure discussion of the following topics (further discussed in

STCW Regulation V, Section A-V/1, paragraphs 9 through 21):

(1) Treaties and rules.

(2) Design and equipment.

(3) Cargo characteristics.

(4) Ship operations.

(5) Repair and maintenance.

(6) Emergency procedures.

(j) A company that offers approved LG training for its employees

shall ensure discussion of the following topics (further discussed in

STCW Regulation V, Section A-V/1, paragraphs 22 through 34):

(1) Treaties and rules.

(2) Chemistry and physics.

(3) Health hazards.

(4) Cargo containment.

(5) Pollution.

(6) Cargo-handling systems.

(7) Ship operations.

(8) Safety practices and equipment.

(9) Emergency procedures.

(10) General principles of cargo operations.

19. Table 13.121(F) is redesignated Table 13.121(f) and revised to

read as follows:

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 CFR Part 13............. x x

Bulk liquefied gases & their vapors defined as Liquefied Gases in 46 CFR

Part 13................................................................ x x

Physical phenomena of liquefied gas, including:

Basic concept........................................................... x x

Compression and expansion............................................... x x

Mechanism of heat transfer.............................................. x x

Potential hazards of liquefied gas, including:

Chemical and physical properties........................................ x x

Combustion characteristics.............................................. x x

Results of gas release to the atmosphere................................ x x

Health hazards (skin contact, inhalation, and ingestion)................ x x

Control of flammability range with inert gas............................ x x

Thermal stress in structure and piping of vessel........................ x x

Cargo systems, including:

Principles of containment systems....................................... x x x x

Construction, materials, coating, & insulation of cargo tanks........... x x

General arrangement of cargo tanks...................................... x x x x

Venting and vapor-control systems....................................... x x x x

Cargo-handling systems, including:

Piping systems, valves, pumps, and expansion systems.................... x x x x

Operating characteristics............................................... x x x x

Instrumentation systems, including:

Cargo-level indicators.................................................. x x x x

Gas-detecting systems................................................... x x x

Temperature-monitoring systems, cargo................................... x x x

Temperature-monitoring systems, hull.................................... x x

Automatic-shutdown systems.............................................. 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 the loading and discharging of cargo, including:

Lining up the cargo and vapor-control systems........................... x x x x

Pre-transfer inspections and completion of the Declaration of Inspection x x x x

Hooking up of cargo hose, loading arms, and grounding-strap............. x x x x

Starting of liquid flow................................................. x x x x

Calculation of loading rates............................................ x x

[[Page 25132]]

Discussion of loading................................................... x x x x

Ballasting and deballasting............................................. x x x x

Topping off of the cargo tanks.......................................... x x x x

Discussion of discharging............................................... x x x x

Stripping of the cargo tanks............................................ 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

Cargo-tank-cleaning procedures and precautions.......................... x x

Operating procedures and sequence for:

Inerting of cargo tanks and void spaces................................. x x x x

Cooldown and warmup of cargo tanks...................................... x x

Gas-freeing............................................................. x x x x

Loaded or ballasted voyages............................................. x x

Testing of cargo-tank atmospheres for oxygen & cargo vapor.............. x x x x

Stability and stress considerations connected with loading and discharging

of cargo................................................................... x x x x

Loadline, draft, and trim................................................... x x x x

Disposal of boil-off, including:

System design........................................................... x x

Safety features......................................................... x x

Stability-letter requirements............................................... x x

Emergency procedures, including notice to appropriate authorities, for:

Fire.................................................................... x x x x

Collision............................................................... x x x x

Grounding............................................................... x x x x

Equipment failure....................................................... x x x x

Leaks and spills........................................................ x x x

Structural failure...................................................... x x x x

Emergency discharge of cargo............................................ x x x x

Entering cargo tanks.................................................... x x x x

Emergency shutdown of cargo-handling.................................... x x x x

Emergency systems for closing cargo tanks............................... x x

Rules & regulations (international and Federal, for all tank vessels) on

conducting operations and preventing pollution............................. x x x x

Pollution prevention, including:

Procedures to prevent air and 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

Terminology for tankships carrying oil and chemicals........................ x

Terminology for tank barges carrying oil and chemicals...................... x

Terminology for tankships carrying liquefied gases.......................... x

Terminology for tank barges carrying liquefied gases........................ x

Principles & procedures of crude-oil-washing (COW) systems, including:

Purpose................................................................. x

Equipment and design.................................................... x

Operations.............................................................. x

Safety precautions...................................................... x

Maintenance of plant and equipment...................................... x

Principles & procedures of the inert-gas systems (IGSs), including:

Purpose................................................................. x x

Equipment and design.................................................... x x

Operations.............................................................. x x

Safety precautions...................................................... x x

Maintenance of plant and equipment...................................... x x

Principles & procedures of vapor-control systems, including:

Purpose................................................................. x x x x

Principles.............................................................. x x x x

Coast Guard regulations................................................. x x x x

Hazards................................................................. x x x x

Active system components................................................ x x x x

Passive system components............................................... x x x x

Operating procedures, including:

Testing and inspection requirements..................................... x x x x

Pre-transfer procedures................................................. x x x x

Connecting sequence..................................................... x x x x

Start-up sequence....................................................... x x x x

Normal operations....................................................... x x x x

Emergency procedures........................................................ x x x x

Cargo-hazard-information systems............................................ x x x x

Safe entry into confined spaces, including:

Testing tank atmospheres for oxygen & hydrocarbon vapors................ x x

Definition and hazards of confined spaces............................... x x x x

[[Page 25133]]

Cargo tanks and pumprooms............................................... x x x x

Evaluation and assessment of risks and hazards.......................... x x x x

Safety precautions and procedures....................................... x x x x

Personnel protective equipment (PPE) and clothing....................... x x x x

Maintenance of PPE...................................................... x x x x

Dangers of skin contact................................................. x x x x

Inhalation of vapors.................................................... x x

Electricity and static electricity--hazards and precautions............. x x x x

Emergency procedures.................................................... x x x x

Federal regulations, national standards & industry guidelines........... x x x x

Inspections by marine chemists & competent persons, including hot-work

permits & procedures................................................... x x x x

Vessel response plans:

Purpose, content, and location of information........................... x x x x

Procedures for notice and 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

----------------------------------------------------------------------------------------------------------------

Column 1--Tankerman-PIC DL.

Column 2--Tankerman-PIC (Barge) DL.

Column 3--Tankerman-PIC LG.

Column 4--Tankerman-PIC (Barge) LG.

Table 13.121(g) [Amended]

20. Amend Table 13.121(g) to read as follows:

a. After the course topic ``Definitions of flammability and

combustibility: Flammability'' insert an ``x'' in column one.

b. After the course topic ``Definitions of flammability and

combustibility: Inerting'' remove the ``x'' in column one.

c. After the course topic ``Fire Prevention: Fire hazards of DL and

LG'' insert an ``x'' in column two.

d. After the course topic ``Firefighting equipment: Limitations of

portable and semiportable extinguishers'' insert an ``x'' in column

two.

e. After the course topic ``Basic firefighting techniques: Stopping

leakage of cargo'' insert an ``x'' in column two.

f. After the course topic ``Basic firefighting techniques:

Extinguishing'' insert an ``x'' in column one.

g. After the course topic ``Basic firefighting techniques:

Extinguishing with portable units'' insert an ``x'' into column two.

h. After the course topic ``Basic firefighting techniques: Using

additional personnel'' insert an ``x'' into column two.

i. After the course topic ``Use of extinguisher on: Flammable and

combustible liquids'' insert an ``x'' in column two.

j. After the course topic ``Use of extinguisher on: Manifold-flange

fire'' insert an ``x'' in column two.

k. After the course topic ``Use of extinguisher on: Drip-pan fire''

insert an ``x'' in column two.

l. After the course topic ``Use of extinguisher on: Pump fire''

insert an ``x'' in column two.

21. In Sec. 13.127, the heading and paragraphs (a) introductory

text, and (b)(6) are revised; and paragraph (b)(9) is added to read as

follows:

Sec. 13.127 Service: general.

(a) A service letter must be signed by the owner, operator, master,

or chief engineer of the vessel and must specify--

* * * * *

(b) * * *

(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, where applicable.

* * * * *

(9) Personnel desiring credit for transfers during off-duty hours

may satisfy requirements of competence through incremental training

periods that include segments of transfers. The cumulative number of

transfers must equal the minimum specified in Sec. 13.203(b) or

13.303(b).

22. Table 13.129 is revised to read as follows:

Table 13.129

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Certificate

Recency of Proof of of from English

Category Minimum age Physical required Service service service firefighting Cargo course language

course 13.207

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Tankerman-PIC Subpart B........ 18; 13.201(a).......... Yes; 13.125............ 13.203 13.123 13.205 13.207 13.209 13.201(g)

Tankerman-PIC (Barge) Subpart C 18; 13.301(a).......... Yes; 13.125............ 13.303 13.123 13.305 13.307 13.309 13.301(g)

Tankerman-Assistant Subpart D.. 18; 13.401(a).......... Yes; 13.125............ 13.403 13.123 13.405 13.407 13.409 13.401(f)

Tankerman-Engineer Subpart E... 18; 13.501(a).......... Yes; 13.125............ 13.503 13.123 13.505 13.507 13.509 13.501(g)

Restricted Tankerman-PIC....... 18; 13.111(b).......... Yes; 13.111(b)......... 13.111(b) 13.111(b) 13.111(b) 13.111(b) No 13.111(b)

Restricted Tankerman-PIC 18; 13.111(c).......... Yes; 13.111(c)......... 13.111(c) 13.111(c) 13.111(c) 13.111(c) No 13.111(c)

(Barge).

Restricted Tankerman-PIC 18; 13.111(d)(1)....... Yes; 13.111(d)(3)...... 13.111(d)(4) No 13.111(d)(4) No No 13.111(d)(5)

(Barge), Facility.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 25134]]

23. In Sec. 13.203 the heading and paragraphs (a)(1), (2), and (3)

and (b) introductory text, are revised to read as follows:

Sec. 13.203 Eligibility: Experience.

* * * * *

(a) * * *

(1) At least 90 days of service as a licensed deck officer or a

licensed engineering officer on one or more tankships or self-propelled

tank vessels certified to carry DL or LG appropriate to the endorsement

applied for;

(2) At least 90 days of unlicensed or cadet service on deck or in

the engine department on one or more tankships or self-propelled tank

vessels certified to carry DL or LG appropriate to the endorsement

applied for; or

(3) A combination of the service in paragraphs (a) (1) and (2) of

this section.

(b) Each applicant shall present evidence of participation, under

the supervision of a ``Tankerman-PIC,'' in at least 10 transfers of

liquid cargo in bulk of the classification desired on tankships or

self-propelled tank vessels, including at least--

* * * * *

24. In Sec. 13.207, the heading is revised to read as follows:

Sec. 13.207 Eligibility: Firefighting course.

* * * * *

25. Section 13.209, is revised to read as follows:

Sec. 13.209 Eligibility: 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 and for the endorsement applied for, and

approved by the Commandant. The date of the certificate may not be more

than 5 years earlier than the date of application.

26. In Sec. 13.303 the heading, paragraphs (a) (1) and (b),

introductory text are revised to read as follows:

Sec. 13.303 Eligibility: Experience.

* * * * *

(a) * * *

(1) At least 60 days of service, whether by shore-based or by

vessel-based personnel, on one or more tank vessels certified to carry

DL or LG appropriate to the endorsement applied for; or

* * * * *

(b) Participation, under the supervision of a ``Tankerman-PIC'' or

``Tankerman-PIC (Barge),'' in at least 10 transfers of liquid cargo in

bulk of the classification desired on any tank vessel, including at

least--

* * * * *

27. Section 13.305 is revised to read as follows:

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

endorsement.

Service must be proved by a letter on company letterhead from the

owner or operator of a terminal; the owner or operator of a tank barge;

the owner, operator, or master of a tank vessel; or the employer of

shore-based tankermen. The letter must contain the information required

by Sec. 13.127(a), excluding paragraph (a)(3)(vii).

28. In Sec. 13.307, the heading and paragraph (a) are revised to

read as follows:

Sec. 13.307 Eligibility: Firefighting course.

* * * * *

(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 5 years

or less before the date of application for the endorsement, unless he

or she has previously submitted such a certificate for a license or a

tankerman endorsement; or

* * * * *

29. Section 13.309, is revised to read as follows:

Sec. 13.309 Eligibility: Cargo course.

Each applicant for an original ``Tankerman-PIC (Barge)''

endorsement shall present a certificate of completion from a course in

DL or LG appropriate for tank barges and for Tankerman-PIC or

Tankerman-PIC (Barge), and approved by the Commandant. The date of the

certificate may not be more than 5 years earlier than the date of

application.

Sec. 13.401 [Amended]

30. In Sec. 13.401, paragraph (e)(2) is revised to read as follows:

* * * * *

(e)(1) * * *

(2) Present evidence of service on tankships or self-propelled tank

vessels in accordance with Sec. 13.403; and

* * * * *

31. In Sec. 13.403, the heading and paragraph (a)(1) are revised to

read as follows:

Sec. 13.403 Eligibility: Experience.

(a) * * *

(1) Evidence of at least 90 days of deck service on tankships or

self-propelled tank vessels certified to carry DL or LG appropriate to

the endorsement applied for; or

* * * * *

32. In Sec. 13.405, paragraphs (a) introductory text, (a)(2), and

(b)(2), introductory text are revised to read as follows:

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 or self-propelled tank

vessel. The letter must specify--

* * * * *

(2) The number of days of deck service the applicant accumulated on

the tankship or self-propelled tank vessel; and

* * * * *

(b) * * *

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

master of one of the tankships or self-propelled tank vessel stating

that he or she has demonstrated--

* * * * *

33. In Sec. 13.407, the heading is revised to read as follows:

Sec. 13.407 Eligibility: Firefighting course.

* * * * *

34. Section 13.409, is revised to read as follows:

Sec. 13.409 Eligibility: Cargo course.

Each applicant for an original ``Tankerman-Assistant'' endorsement

who has not presented the required service on tankships or self-

propelled tank vessels shall present a certificate of completion from a

course for Familiarization with DL or LG Tankships or from a tanker-

familiarization course appropriate to the endorsement applied for, and

approved by the Commandant. The date of the certificate may not be more

than 5 years earlier than the date of application.

35. In Sec. 13.501, paragraph (d) is revised to read as follows:

* * * * *

(d) Present evidence of service on tankships and self-propelled

tank vessels in accordance with Sec. 13.503;

* * * * *

36. In Sec. 13.503, the heading, paragraphs (a) (1), (2), and (3)

and (b) are revised to read as follows:

Sec. 13.503 Eligibility: Experience.

(a) * * *

(1) 90 days of service as a licensed engineering officer of

tankships or self-propelled tank vessels certified to carry DL or LG

appropriate to the endorsement applied for;

(2) 90 days of unlicensed or cadet service in the engine department

on tankships or self-propelled tank vessels certified to carry DL or LG

appropriate to the endorsement applied for; or

[[Page 25135]]

(3) A combination of the service in paragraphs (a) (1) and (2) of

this section.

(b) Each applicant already holding an MMD endorsed as Tankerman-

Engineer for DL and seeking one for LG, or the converse, shall prove at

least half the service required by paragraph (a) of this section.

37. In Sec. 13.505, paragraphs (a) introductory text, (a)(2), and

(b) are revised to read as follows:

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, master, or chief engineer of a tankship or self-

propelled tank vessel. The letter must specify--

* * * * *

(2) The number of days of licensed and unlicensed service in the

engine department on tankships or self-propelled tank vessels; or

(b) Service must be proved by certificates of discharge from

tankships or self-propelled tank vessels with the appropriate

classification of cargo (DL, LG, or both).

38. In Sec. 13.507, the heading is revised to read as follows:

Sec. 13.507 Eligibility: Firefighting course.

* * * * *

39. Section 13.509, is revised to read as follows:

Sec. 13.509 Eligibility: Cargo course.

Each applicant for an original ``Tankerman-Engineer'' endorsement

shall present a certificate of completion from a course in DL or LG,

appropriate for tankships and the endorsement applied for, approved by

the Commandant. The date of the certificate may not be more than 5

years earlier than the date of application.

PART 15--MANNING REQUIREMENTS

40. The authority citation for part 15 continues to read as

follows:

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

41. In Sec. 15.301 the following definition is added in

alphabetical order to paragraph (a) to read as follows:

Sec. 15.301 Definitions of terms used in this part.

(a) * * *

* * * * *

Directly supervised means being in the direct line of sight of the

person in charge or maintaining direct, two-way communications by a

convenient, reliable means, such as a predetermined working frequency

over a hand-held radio.

* * * * *

42. In Sec. 15.860 a new paragraph (h) is added to read as follows:

Sec. 15.860 Tankerman.

* * * * *

(h) Because STCW does not recognize restricted Tankerman-PIC

endorsements, persons may act under these only aboard vessels

conducting business inside the Boundary Line.

Table 15.860(a)(1) [Amended]

43. In Table 15.860(a)(1) under ``Tank vessels'' remove the phrase

``Tank Barge Certified for Voyages Beyond Boundary Line'' and add, in

its place, the phrase ``Tank Barge.''

PART 30--GENERAL PROVISIONS

44. The authority citation for part 30 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49

CFR 1.45, 1.46. Section 30.01-2 also issued under the authority of

44 U.S.C. 3507; Section 30.01-5 also issued under the authority of

Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

45. Section 30.10-62 is added to read as follows:

Sec. 30.10-62 Self-propelled tank vessel--TB/ALL

Self-propelled tank vessel means a self-propelled tank vessel other

than a tankship.

46. Section 30.10-65 is revised to read as follows:

Sec. 30.10-65 Tank barge--B/ALL.

The term tank barge means a non-self-propelled tank vessel.

47. Section 30.10-67 is revised to read as follows:

Sec. 30.10-67 Tankship--T/ALL.

The term tankship means a self-propelled tank vessel constructed or

adapted primarily to carry oil or hazardous material in bulk in the

cargo spaces.

48. Section 30.10-69 is revised to read as follows:

Sec. 30.10-69 Tank vessel--TB/ALL.

The term 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, and that--

(a) Is a vessel of the United States;

(b) Operates on the navigable waters of the United States; or

(c) Transfers oil or hazardous material in a port or place subject

to the jurisdiction of the United States.

PART 35--OPERATIONS

49. The authority citation for part 35 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 703, 6101; 49

U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; 49 CFR 1.46.

50. In Sec. 35.35-30 the heading and paragraphs (a) and (b) are

revised to read as follows:

Sec. 35.35-30 ``Declaration of Inspection'' for tank vessels--TB/ALL.

(a) After an inspection under Sec. 35.35-20, but before a transfer

of cargo, fuel oil, or bunkers may commence as described in this

section and 33 CFR 156.120 and 156.150, the person in charge of the

transfer shall prepare, in duplicate, a Declaration of Inspection. The

original must be kept aboard the vessel, and the duplicate provided to

the terminal supervisor or that person's representative. The supervisor

or the representative may, upon demand, inspect the vessel to determine

whether its condition is as stated on the Declaration of Inspection.

(b) The Declaration of Inspection may be in any form, but must

contain at least:

* * * * *

51. In Sec. 35.35-35 the introductory text is revised; and a new

paragraph (f) is added 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, fuel

oil in bulk, or bunkers in bulk shall control the transfer as follows:

* * * * *

(f) Comply with 33 CFR 156.120 and 156.150.

PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS

FOR CERTAIN DANGEROUS CARGOES IN BULK

52. 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.

53. In Sec. 98.30-17 paragraph (b)(3) is removed; and paragraph

(b)(2) is revised to read as follows:

Sec. 98.30-17 Qualifications of person in charge

* * * * *

(b) * * *

(2) On a self-propelled tank vessel, or on a tankship, carrying oil

or hazardous material in bulk, hold a valid license or certificate

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

aboard that vessel, and a Tankerman-

[[Page 25136]]

PIC or a restricted Tankerman (PIC) endorsement on his or her MMD.

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

54. The authority citation for part 105 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49

U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,

p. 793; 49 CFR 1.46.

55. In Sec. 105.90-1 paragraph (b)(3) is revised to read as

follows:

Sec. 105.90-1 Existing commercial fishing vessels dispensing petroleum

products.

* * * * *

(b) * * *

(3) All commercial fishing vessels must comply with the applicable

requirements in subparts 105.15 (Inspection Required), 105.35 (Fire

Extinguishing Equipment), and 105.45 (Special Operating Requirements).

Dated: April 25, 1997.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety

and Environmental Protection.

[FR Doc. 97-11779 Filed 5-7-97; 8:45 am]

BILLING CODE 4910-14-P