Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW)

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, and 15

[CGD 95-062]

RIN 2115-AF26

Implementation of the 1995 Amendments to the International

Convention on Standards of Training, Certification and Watchkeeping for

Seafarers, 1978 (STCW)

AGENCY: Coast Guard, DOT.

ACTION: Notice of intent.

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SUMMARY: The Coast Guard is hereby giving notice of its intent to issue

an interim rule to amend the current domestic regulations on licensing

and documentation of personnel serving on U.S. seagoing vessels. The

interim rule will implement the International Convention on Standards

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

as amended in 1995. Because the 1995 Amendments to STCW will come into

force on February 1, 1997, the Coast Guard is using this notice to

inform the public, and the affected industry, of the status of the

interim rule, and to advise those who will be operating vessels on

international voyages during the period between February 1, 1997, and

the date the interim rule becomes effective.

ADDRESSES: The Executive Secretary maintains the public docket for this

rulemaking. Comments previously received have become part of this

docket and are available for inspection or copying at room 3406, U.S.

Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-

0001, between 8:00 a.m. and 3:00 p.m., Monday through Friday, except

Federal holidays.

Copies of International Maritime Organization (IMO) circular

(STCW.7/Circ.1) may be obtained by faxing your name and address to

(202) 267-4570 or (202) 267-4816, by writing to the Commandant (MSO) at

U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC

20593-0001, or by calling (202) 267-0229.

FOR FURTHER INFORMATION CONTACT:

Mr. Christopher Young, Project Manager, Office of Operating and

Environmental Standards (G-MSO), U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC 20593-0001, telephone (202) 267-0216.

SUPPLEMENTARY INFORMATION:

Background and Purpose

On July 7, 1995, a Conference of Parties to the International

Convention on Standards of Training, Certification and Watchkeeping for

Seafarers, 1978 (STCW), meeting at the Headquarters of the

International Maritime Organization in London, adopted the amendments

to the STCW. The 1995 Amendments to STCW enter into force on February

1, 1997. In the NPRM published on March 26, 1996 (61 FR 13284), the

Coast Guard proposed a number of changes it considered necessary to

implement the revised requirements, to ensure that U.S. documents and

licenses are issued in compliance with the 1995 Amendments to STCW.

The STCW sets qualifications for masters, officers, and

watchkeeping personnel on seagoing merchant ships. It was originally

adopted in 1978 by a conference at IMO Headquarters in London, and it

entered into force in 1984. Currently, there are 119 State-Parties,

representing almost 95 percent of the world's merchant-ship tons. The

United States became a party in 1991. Over 90 percent of ships entering

U.S. waters are foreign-flag, and most of them are or will be subject

to STCW. Approximately 350 large U.S. merchant ships that routinely

visit foreign ports, as well as thousands of smaller U.S. documented

commercial vessels that operate on ocean or near-coastal voyages, are

subject to STCW.

The Amendments adopted by the Conference in July 1995 are

comprehensive and detailed. They concern port-state control,

communication of information to IMO to allow for mutual oversight, and

responsibility of all State-Parties to ensure that seafarers meet

objective standards of competence. They also require candidates for

certificates (licenses and document endorsements) to establish

competence through both subject-area examinations and practical

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demonstrations of skills. Training, assessment, and certification of

competence are all to be managed within a quality-standards system to

ensure that stated objectives are being achieved.

The Coast Guard held seven public meetings in the months leading up

to the Conference held by IMO, to determine what positions U.S.

delegations should advocate at preparatory meetings and to exchange

views about Amendments to STCW under discussion.

The Coast Guard published a notice of proposed rulemaking (NPRM) in

the Federal Register on March 26, 1996 (61 FR 13284). That notice

described the 1995 Amendments to STCW, and proposed changes to

implement those Amendments in U.S. licensing regulations (46 CFR part

10), documentation (46 CFR part 12), and manning (46 CFR part 15). The

notice also invited comments on the proposed rule. Over 500 letters

were submitted to the public docket. The Coast Guard also held three

more public meetings to receive comments on the proposed rule.

The Coast Guard is preparing the interim rule to amend our

regulations to address the new requirements under the 1995 Amendments

to STCW. Unfortunately, publication will not take place until after

February 1, 1997, when the 1995 Amendments to STCW come into force

worldwide. This may cause some confusion in the U.S. maritime industry.

The Coast Guard takes this opportunity to advise the industry both of

the status of the rulemaking, and of other important facts, in the hope

that confusion and inconvenience will be reduced or eliminated.

The Coast Guard presents the following information in a question

and answer format. This notice is as informative as possible, but

readers should be aware that disclosure of details before issuance of

the Interim Rule is not appropriate under Coast Guard and Department of

Transportation policies, and is not in keeping with the Administrative

Procedure Act (5 U.S.C. 553), which governs rulemaking, and ensures

fair opportunity for public comment.

What will be the next document to be published on the STCW rulemaking?

The Coast Guard is preparing an interim rule for publication in the

Federal Register in the near future. That rule will give the public

another opportunity for comment on changes made as a result of comments

submitted to the docket, in response to the NPRM published on March 26,

1996.

Since the interim rule will not be published before February 1, 1997,

what is the consequence for personnel serving on U.S. seagoing vessels?

Personnel serving on U.S. seagoing vessels will not have to comply

with the new requirements under the 1995 Amendments to the STCW

Convention until the Interim Rule comes into effect. The Coast Guard

made every effort to publish the rule prior to the enforcement date of

February 1, 1997. However, as a matter of fairness and legality, the

United States will not enforce the 1995 Amendments to the STCW

Convention until the rule is in effect.

As a cautionary note, however, owners and operators of U.S.-flag

seagoing vessels that plan to enter foreign ports should be aware that

port-state control officers may inquire about steps being taken to meet

company responsibilities under the 1995 Amendments to STCW. While not

mandatory, as a matter of U.S. law, until the interim rule comes into

effect, compliance with certain STCW requirements is highly recommended

to facilitate entry into foreign ports. In particular, ship operators

should--

(a) Post watch schedules that ensure that watchkeeping personnel

have periods of rest that meet the STCW requirements;

(b) Provide written instructions to the master of each ship setting

out policies and procedures for ensuring that new crewmembers receive a

reasonable opportunity to familiarize themselves with ship-specific

equipment, operating procedures, and other arrangements needed for

performance of their duties; and

(c) Ensure that evidence is available to establish that each member

of the crew has received familiarization instruction to ensure he or

she takes appropriate action in an emergency; or, if the member is on

the muster list, that he or she has participated in organized drills

and other training exercises relating to fire-fighting, first aid,

personal survival, and personal safety. No special evidence is required

for those who hold 1978 STCW certificates or endorsements since basic

safety was included in the 1978 requirements for certification.

Operators of vessels engaged in international voyages should

contact local port agents or representatives to ascertain compliance

expectations prior to arrival in a foreign port.

Has IMO issued any relevant guidance on the transitional period between

February 1, 1997, and February 1, 2002?

IMO has issued guidance in the form of a circular (STCW.7/Circ.1),

which is based in part on the following two principles. First, if a

requirement is mentioned in the 1995 Amendments to STCW but already

exists in the 1978 STCW, then holders of 1978 STCW endorsements may

continue to serve under those endorsements until February 1, 2002.

However, holders of such endorsements will need to meet new

requirements under the 1995 Amendments to STCW if they will be

continuing their service on or after February 1, 2002. The Interim Rule

will take this guidance into consideration and will identify any new

requirements U.S. license holders must meet to acquire STCW

endorsements valid beyond February 1, 2002.

Second, in determining the requirement for basic safety training or

instruction for seafarers already employed before February 1, 1997,

administrations may consider the merits of each case. This means that

evidence of competence in the skills required for a particular seafarer

to perform a safety or pollution prevention duty may be based on that

seafarer's previous participation in shipboard drills and training

exercises, until more formal training or instruction can be arranged.

The Interim Rule will also take this guidance into consideration and

will identify any new basic safety training or instruction requirements

seafarers must meet to comply with this rule. A copy of the IMO

circular (STCW.7/Circ.1) is available on request from Commandant (G-

MSO) at the address given under ADDRESSES.

What must owners and operators of small vessels on domestic voyages do

to meet the requirements which are scheduled to come into force on

February 1, 1997?

Small vessels that operate beyond the boundary line but engage in

domestic-only voyages will be dealt with in accordance with the special

provisions of STCW Regulation II/3, paragraph 7, of the 1995 Amendments

to STCW, which allows administrations to forgo application of

requirements that would be unreasonable or impractical. The interim

rule will explain how these small vessels can meet STCW requirements.

When do 1978 STCW certificates and endorsements need to be replaced?

The 1978 STCW certificates and endorsements are issued for 5-year

periods that coincide with the period of validity of the licenses or

documents to which they pertain. After February 1, 1997, the Coast

Guard will continue to issue 1978 STCW certificates and endorsements;

but they will expire on a

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date not later than January 31, 2002. The Coast Guard will issue STCW

certificates and endorsements for service beyond January 31, 2002, only

to those who meet certain new requirements under the 1995 Amendments to

STCW. The interim rule will be published in the near future and will

identify those requirements, which must be met to attain a certificate

or endorsement for service beyond February 1, 2002.

Dated: January 30, 1997.

R.D. Herr,

Vice Admiral, U.S. Coast Guard, Acting Commandant.

[FR Doc. 97-2796 Filed 1-31-97; 10:53 am]

BILLING CODE 4910-14-M