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

Part VII

Department of Transportation

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Coast Guard

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46 CFR Parts 10, 12, and 15

International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978 (STCW): Implementation of 1995

Amendments; Proposed Rule

Proposed Rules

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 proposed rulemaking.

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SUMMARY: The Coast Guard proposes changes to the current domestic rules

on licensing, documentation, and manning in compliance with recent

amendments to the International Convention on Standards of Training,

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

amendments were adopted by a Conference of Parties to STCW in July

1995, and will come into force on February 1, 1997, though some changes

to domestic rules must come into force before then to ensure these

rules conform with international requirements, and other changes may

come into force after then to allow a more gradual shift in practice.

The proposed changes would affect the full range of activities

associated with determining that an individual is competent for service

in certain shipboard capacities.

DATES: Comments must be received on or before July 24, 1996.

efore then to ensure these

rules conform with international requirements, and other changes may

come into force after then to allow a more gradual shift in practice.

The proposed changes would affect the full range of activities

associated with determining that an individual is competent for service

in certain shipboard capacities.

DATES: Comments must be received on or before July 24, 1996.

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

Safety Council (G-LRA, room 3406) [CGD 95-062], U.S. Coast Guard

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

be delivered to room 3406 at the same address between 8 a.m. and 3

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

number is (202) 267-1477. Comments on collection-of-information

requirements must be mailed also to the Office of Information and

Regulatory Affairs, Office of Management and Budget, 725 17th Street

NW., Washington, DC 20503, Attn: Desk Officer, U.S. Coast Guard.

The Executive Secretary maintains the public docket for this

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

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

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

Federal holidays.

A copy of the material listed in Incorporation by Reference of this

preamble is available for inspection at room 3406, U.S. Coast Guard

Headquarters.

A copy of the 1995 Amendments to STCW may be obtained by writing

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

Washington, DC 20593-0001, or by calling (202) 267-0229, between 8 a.m.

and 3 p.m. Monday through Friday, except Federal holidays. Requests may

also be submitted by facsimile at (202) 267-4570.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Young, Project

Manager, Operating and Environmental Standards Division (G-MOS), U.S.

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

0001, telephone (202) 267-0216.

ling (202) 267-0229, between 8 a.m.

and 3 p.m. Monday through Friday, except Federal holidays. Requests may

also be submitted by facsimile at (202) 267-4570.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Young, Project

Manager, Operating and Environmental Standards Division (G-MOS), U.S.

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

0001, telephone (202) 267-0216.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking [CGD 95-062] and the specific section of this

proposal to which each comment applies, and give the reason for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

Hearings

The Coast Guard has determined that the opportunity for oral

presentations will aid in this rulemaking, and will hold at least one

public hearing during the comment period. The Coast Guard solicits

recommendations on dates and locations for a public meeting. Requests

for a public meeting should be addressed to the Marine Safety Council

at the address under ADDRESSES. The Coast Guard will provide more

information about public hearings by a later document in the Federal

Register.

Background and Purpose

hold at least one

public hearing during the comment period. The Coast Guard solicits

recommendations on dates and locations for a public meeting. Requests

for a public meeting should be addressed to the Marine Safety Council

at the address under ADDRESSES. The Coast Guard will provide more

information about public hearings by a later document in the Federal

Register.

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 (IMO) in London, adopted a package

of Amendments to STCW. The amendments will enter into force on February

1, 1997, unless a third of the parties to the Convention, or parties

representing over 50 percent of the world's hipping tons, object to

them by August 1, 1996. Because they were adopted unanimously by the

Conference, no objections are expected. Consequently, the Coast Guard

is taking the steps 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 Convention sets qualifications for masters, officers, and

watchkeeping personnel on seagoing merchant ships. It was adopted in

1978 by a conference at IMO Headquarters in London and it entered into

force in 1984. Currently, there are 114 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 visiting U.S. waters

are foreign-flag. 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.

In 1993, IMO embarked on a comprehensive revision of STCW to

establish the highest practicable standards of competence and to

address human error as a major cause of maritime casualties

imately 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.

In 1993, IMO embarked on a comprehensive revision of STCW to

establish the highest practicable standards of competence and to

address human error as a major cause of maritime casualties. By 1993,

significant limitations to the existing Convention had become apparent.

They included requirements that were too vague and left too much to the

discretion of Parties; the absence of clear, uniform standards of

competence; ineffective international superintendent to verify that

Parties were in fact complying with Convention requirements; limited

provisions for port-State control; and outdated technical references

that failed to address modern shipboard systems, job descriptions, and

approaches to maritime training such as the use of simulation

technology.

The amendments adopted by the Conference in July 1995 were

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

demonstrations of skills. Training, assessment, and certification of

competence are all to be managed

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

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 published a notice of inquiry in the Federal

Register [60 FR 56970 (November 13, 1995)] to solicit information on

the costs that may be associated with implementation of the 1995

Amendments to STCW. This notice is discussed in more detail under the

heading ``Regulatory Evaluation.''

The Coast Guard held a public meeting on August 31, 1995, to

discuss the outcome of the Conference and seek public comment on how

the 1995 Amendments to STCW should be implemented by the United States.

Comments received at the meeting and in response to the notice of

inquiry have been taken into consideration in the development of

implementing regulations. Three written comments were submitted to the

docket, and they will be discussed in the appropriate sections of this

preamble.

Additionally, the Coast Guard had sought comment from the public

during the period leading up to the Conference that adopted the 1995

Amendments to STCW. The Coast Guard had held seven public meetings to

determine what positions U.S. delegations should advocate at meetings

held by IMO, and to exchange views about Amendments to STCW that were

under discussion.

The Coast Guard has also taken advantage of the meetings of its

advisory panels, particularly the Merchant Marine Personnel Advisory

Committee (MERPAC), the Towing Safety Advisory Committee (TSAC), and

the Navigational Safety Advisory Council (NAVSAC), to discuss

developments relating to the amendment of STCW and the domestic

implementation of these amendments.

Related Rulemakings

scussion.

The Coast Guard has also taken advantage of the meetings of its

advisory panels, particularly the Merchant Marine Personnel Advisory

Committee (MERPAC), the Towing Safety Advisory Committee (TSAC), and

the Navigational Safety Advisory Council (NAVSAC), to discuss

developments relating to the amendment of STCW and the domestic

implementation of these amendments.

Related Rulemakings

This proposed rulemaking has been prepared in anticipation that

several other rulemakings will revise Parts 10, 12, and 15 or address

related subjects.

First, in docket number CGD 95-072 [60 FR 50455 (September 29,

1995)], the Coast Guard has made technical and editorial corrections to

its current rules, removing outdated references and reflecting current

organizational structures.

Second, in CGD 91-045, the Coast Guard published a supplemental

notice of proposed rulemaking (SNPRM) [60 FR 55904 (November 3, 1995)]

that proposed operational measures to reduce spills from existing tank

vessels without double hulls. This too involves subjects addressed here

to implement the STCW Amendments, such as rest-period requirements and

training in bridge-team procedures and bridge-resource management.

Third, in CGD 94-029, a proposed rule for modernizing examination

methods was published [60 FR 10053 (February 23, 1995)]. Essentially,

it would allow for the use of testing services from the private and

public sectors to confirm the competency of candidates for Coast Guard

licenses.

Fourth, in CGD 94-055, there is under development a proposal that

concerns licensing requirements for officers of towing vessels. It

stems from investigations into the Sunset Limited tragedy, when a tug

and barge damaged a railroad bridge in September 1993. It may introduce

into 46 CFR Part 10 new terms and concepts, such as the designated

examiner, practical demonstration, and standard of competence, and the

use of training-record books. The Coast Guard has been working with

TSAC on CGD 94-055

icers of towing vessels. It

stems from investigations into the Sunset Limited tragedy, when a tug

and barge damaged a railroad bridge in September 1993. It may introduce

into 46 CFR Part 10 new terms and concepts, such as the designated

examiner, practical demonstration, and standard of competence, and the

use of training-record books. The Coast Guard has been working with

TSAC on CGD 94-055.

The Coast Guard will make every effort to coordinate these projects

with a view to establishing uniform requirements except where there is

a compelling need to maintain a difference in respect of a particular

activity or class of vessel.

In keeping with other recent Coast Guard initiatives, this proposed

rule tries to avoid unnecessary additional requirements when

international standards are being implemented. Specifically, the Coast

Guard has compared the rules to the international standard and has

determined that it would not unnecessarily establish a requirement in

excess of that standard. With this objective, the rule makes direct

reference to international standards where possible. Where there is a

difference in substance between the rule and the international

requirement, this is noted and discussed in the section-by-section

analysis. In most cases, the difference involves an exercise of

discretion to address a specific class of vessel rather than an

additional requirement. In some cases, clear differences with the

international scheme are retained to preserve continuity in the U.S.

licensing system. The Coast Guard requests comments on these

differences, and the advantages that might be derived from removing

them from current domestic rules.

The Coast Guard has attempted to develop a rule that would be self-

implementing. In other words, it has tried to minimize the direct role

the Coast Guard would need to play in overseeing routine compliance

with the requirements

S.

licensing system. The Coast Guard requests comments on these

differences, and the advantages that might be derived from removing

them from current domestic rules.

The Coast Guard has attempted to develop a rule that would be self-

implementing. In other words, it has tried to minimize the direct role

the Coast Guard would need to play in overseeing routine compliance

with the requirements. Ideally, it would like to minimize its direct

involvement and limit its role to the following: (a) performing

functions governmental in nature such as issuing certificates of

competency; (b) setting standards for such certificates; (c) addressing

special circumstances or exceptions to the general case clearly covered

by the regulations; (d) monitoring training and assessment by spot-

checks or by review of random samples to ensure that the new ``quality-

standards system'' requirements are being maintained; and (e) keeping

some necessary records.

Discussion of Proposed Rule

General

The following discussion proceeds in the order in which the

proposed revisions to current domestic rules are presented. However, a

few general comments may assist the reader and reduce repetition of a

point common to many parts of the revisions.

1. Approach. The approach taken in this proposed rule is to retain

the existing structure of the current domestic rules on licensing (46

CFR Part 10), certification of seamen (46 CFR Part 12), and manning (46

CFR Part 15), and incorporate specific requirements of the 1995

Amendments to STCW. Where possible, this Convention and its associated

Seafarers' Training, Certification and Watchkeeping Code (STCW Code)

have been incorporated by reference to avoid unnecessary duplication

and to ensure compatibility between international and domestic

requirements.

The 1995 Amendment to STCW essentially replace the current Annex to

the 1978 Convention with a new Annex and an associated STCW Code

e possible, this Convention and its associated

Seafarers' Training, Certification and Watchkeeping Code (STCW Code)

have been incorporated by reference to avoid unnecessary duplication

and to ensure compatibility between international and domestic

requirements.

The 1995 Amendment to STCW essentially replace the current Annex to

the 1978 Convention with a new Annex and an associated STCW Code. The

STCW Code is divided into two separate parts (A and B), that are both

is organized to parallel, exactly, the STCW Regulations in the Annex.

Part A provides mandatory standards that are directly referred to in

the relevant STCW Regulations in the Annex. Part B is non-mandatory

guidance to assist in implementation of the requirements of Part A, and

to promote uniform interpretation of the STCW Regulations. Not all of

the STCW Regulations have explanatory material in both parts of the

STCW Code.

Chapter I of the new Annex is expanded to include new STCW

Regulations on matters such as the use of simulators in training and

assessment, the qualifications of persons responsible for the training

and assessment of seafarers, the establishment of a quality-standards

system to ensure achievement of defined objectives, the establishment

of medical-fitness standards for seafarers, and the responsibilities of

companies.

The remaining part of the new Annex is enlarged from six to eight

chapters. Chapters II, III, and IV have retained their application to

the master and deck department, the engine department, and

radiocommunications, respectively. However, material that was

previously presented as appendices to the original STCW regulations is

now contained in the STCW Code, and detailed standards of competence

are set out in the corresponding sections of the Code. Additionally,

the standards of competence are organized along functional lines, with

three levels of responsibility

ngine department, and

radiocommunications, respectively. However, material that was

previously presented as appendices to the original STCW regulations is

now contained in the STCW Code, and detailed standards of competence

are set out in the corresponding sections of the Code. Additionally,

the standards of competence are organized along functional lines, with

three levels of responsibility. The amendments establish requirements

for certification for the following seven functions: navigation;

handling and stowage of cargo; controlling the operation of the ship

and care for persons on board; marine engineering; electronic and

control engineering; maintenance and repair; and radiocommunications.

Three levels of responsibility are associated with each function under

STCW--management level, operational level, and support level.

Chapter V, which was previously amended in 1994 and which addressed

only tanker personnel, is not expanded to address personnel on roll-on/

roll-off(ro-ro) passenger ships.

Chapter VI, which currently addresses only proficiency in survival

craft and rescue boats, is expanded to require familiarization training

or instruction for all seafarers, and basic safety-training for those

who have safety or pollution-prevention duties.

Chapter VII allows for alternative-certification systems under

which certificates could be issued on the basis of functions combined

in ways that differ from those associated with traditional shipboard

capacities under Chapters II, III, and IV. This flexibility is subject

to a number of restrictions under the STCW Regulations in Chapter VII.

The Coast Guard is not planning, at this time, to incorporate

provisions for alternative certification without further evaluation and

industry support. The Coast Guard requests comments on the application

of Chapter VII to U.S. licensing and documentation.

In the 1995 Amendments to STCW, all watchkeeping provisions are

consolidated under new Chapter VIII and the associated sections of the

STCW Code

st Guard is not planning, at this time, to incorporate

provisions for alternative certification without further evaluation and

industry support. The Coast Guard requests comments on the application

of Chapter VII to U.S. licensing and documentation.

In the 1995 Amendments to STCW, all watchkeeping provisions are

consolidated under new Chapter VIII and the associated sections of the

STCW Code. New STCW Regulation VIII/1 requires Administrations to

establish and enforce rest-hour requirements for watchkeeping personnel

to prevent fatigue.

2. Scope of application. STCW applies to seagong ships (except

pleasure craft, fishing vessels, and ships entitled to sovereign

immunity such as warships). Article II defines a seagoing ship as a

ship other than one that ``navigate[s] exclusively in inland waters or

in waters within, or closely adjacent to, sheltered waters or areas

where port regulations apply.'' This proposed rule, which implements

STCW, applies to any commercial vessel that operates seaward of the

boundary lines established by 46 CFR part 7.

The Coast Guard does not intend to apply the requirements of STCW

to vessels that operate exclusively on the inland waters of the United

States. However, some of the proposals would have the effect of

modifying how the Coast Guard does business and the conditions under

which it would consider approving a program of training and assessment

for qualifying an individual for a license, document, or endorsement.

It does not intend to restrict, to ocean and near-coastal licenses and

documents, procedures that may also be suitable to training for inland

licenses. The Coast Guard solicits comments on the potential effects on

candidates for inland licenses and documents, and on the enterprises

that offer training to such candidates.

The Coast Guard does not consider STCW to apply directly to

personal serving on ships that operate exclusively on the Great Lakes

licenses and

documents, procedures that may also be suitable to training for inland

licenses. The Coast Guard solicits comments on the potential effects on

candidates for inland licenses and documents, and on the enterprises

that offer training to such candidates.

The Coast Guard does not consider STCW to apply directly to

personal serving on ships that operate exclusively on the Great Lakes.

However, individuals using time served on such vessels toward an ocean

or near-coastal license, and those who are being trained at training

institutions that serve mariners in the Great Lakes region, need to be

aware of the requirements that mariners must meet to hold STCW

Certificates if those mariners will be serving on ships in ocean

service.

One comment submitted in response to the request for comments

published in the Federal Register on August 2, 1995 [60 FR 39306],

requested that the Coast Guard consider deferring implementation of the

1995 Amendments to STCW in respect of Mobile Offshore Drilling Units

(MODUs). The comment pointed out a resolution adopted by the 1995

Conference of Parties to STCW, noting that time constraints had not

allowed full consideration to the possibility of including provisions

on the training and certification of maritime personnel employed on

board MODUs. The resolution invites IMO to consider developing

provisions addressing this matter under STCW, or in such other

instrument as may be appropriate.

The resolution referred to in the comment recommends special

training and certification for industrial personnel serving on MODUs

because of the specialized nature of MODUs' operations. To the extent a

MODU is a seagoing ship under STCW, this proposed rule would apply to

seafarers serving on one

provisions addressing this matter under STCW, or in such other

instrument as may be appropriate.

The resolution referred to in the comment recommends special

training and certification for industrial personnel serving on MODUs

because of the specialized nature of MODUs' operations. To the extent a

MODU is a seagoing ship under STCW, this proposed rule would apply to

seafarers serving on one. On the other hand, in approving specific

training programs, the Coast Guard would take into consideration, and

would use as the basis for its evaluation of training programs, any IMO

resolutions that provide special guidance relating to the training of

personnel on MODUs.

In this regard, the following three IMO resolutions are

particularly relevant: A.538(13), ``Maritime Safety Training of

Personnel on Mobile Offshore Units''; A.712(17), ``Recommended

Standards of Specialized Training, Qualifications and Certification of

Key Personnel Assigned Responsibility for Essential Marine Functions of

Mobile Offshore Units''; and A.828(19), ``Recommendation on Maritime

Safety and Emergency Preparedness Training for all Personnel on Moble

Offshore Units''.

The comment also suggested that the Coast Guard accept or recognize

certificates issued by another Party to STCW for service on MODUs. The

Coast Guard does not consider this request to be viable at this time.

The issue of recognition is complicated by citizenship requirements

that apply to the following: (a) candidates for U.S. licenses and

certificates of registry under 46 U.S.C. 7102, (b) crewmembers on

documented vessels of the United States under 46 U.S.C. 8103, and (c)

MODUs operating on the U.S. outer continental shelf under 43 U.S.C.

1356. Another issue would be the principle of reciprocity or mutual

recognition between U.S. and non-U.S. certificates.

3. License structure. The Coast Guard would not, by this proposed

rule, replace the existing license structure with the license structure

presented in STCW

of the United States under 46 U.S.C. 8103, and (c)

MODUs operating on the U.S. outer continental shelf under 43 U.S.C.

1356. Another issue would be the principle of reciprocity or mutual

recognition between U.S. and non-U.S. certificates.

3. License structure. The Coast Guard would not, by this proposed

rule, replace the existing license structure with the license structure

presented in STCW. The 4-level license structure in Part 10 would

persist (e.g., chief engineer, 1st, 2nd, and 3rd assistant engineer

officer, and 3 levels of mate under the master). Although the STCW

structure is less complicated than the U.S. structure, the Coast Guard

does not consider it appropriate or expedient to propose a

comprehensive change in this rulemaking.

Some of the STCW terms must be introduced into U.S. regulations to

ensure that holders of U.S. licenses would be entitled to hold the

appropriate STCW certificate. The Coast Guard is concerned, however,

that the elimination of the existing categories of license might create

difficulties for certain segments of the industry, or could have

unintended impacts on established career patterns in the maritime

industry. In addition, it may

necessitate changes in the terms used in the manning-complement section

of the U.S. Certificate of Inspection.

Trying to anticipate and address all of these possibilities could

unnecessarily complicate promulgation of a rule intended only to

implement new STCW requirements. The requirement for promulgating a

rule by February 1, 1997, has precluded the opportunity for assessing

the implications at this time. However, the Coast Guard is interested

in comments on adjustments to the current U.S. licensing structure, to

bring it into closer alignment with the STCW structure.

4. Documentation

te promulgation of a rule intended only to

implement new STCW requirements. The requirement for promulgating a

rule by February 1, 1997, has precluded the opportunity for assessing

the implications at this time. However, the Coast Guard is interested

in comments on adjustments to the current U.S. licensing structure, to

bring it into closer alignment with the STCW structure.

4. Documentation. Although the 1995 Amendments to STCW will permit

the use of an STCW document to serve as both an individual's

certificate of competency and an endorsement that the candidate meets

STCW requirements, the Coast Guard plans to retain a distinction

between the U.S. license and the STCW endorsement for the time being.

In other words, each licensed officer who will be serving on a seagoing

vessel will be issued both a U.S. license and a separate STCW

endorsement. Of course, an STCW endorsement will have no validity

unless accompanied by its holder's license.

5. Communication to IMO. In proposing this rule, the Coast Guard

has been cognizant of its future obligation to submit to IMO a detailed

description of how the United States complies with the 1995 Amendments

to STCW. Under new STCW Regulation I/7, each Party must prepare a

report on the steps it has taken to give the Convention ``full and

complete effect.''

When complete information has been provided to IMO, and the

Secretary-General of IMO has confirmed that in fact full effect has

been given to STCW, the Maritime Safety Committee will be invited to

formally confirm and identify the Party as having done so, and other

Parties will be entitled to accept certificates issued by that Party as

being in compliance with Convention requirements.

It will be important for the United States to be able to satisfy

the requirements that earn this international recognition. This

rulemaking is an essential step toward meeting that objective.

6. Tonnage. Both the U.S

irm and identify the Party as having done so, and other

Parties will be entitled to accept certificates issued by that Party as

being in compliance with Convention requirements.

It will be important for the United States to be able to satisfy

the requirements that earn this international recognition. This

rulemaking is an essential step toward meeting that objective.

6. Tonnage. Both the U.S. licensing structure and the STCW

structure employ tonnage thresholds in establishing requirements for

training and certification. However, the U.S. structure includes

several tonnage divisions not used in STCW, particularly in respect of

lower-tonnage licenses. Also, these tonnage divisions are keyed to the

tonnage of ships as determined under the regulatory tonnage-measurement

system, which exempts certain spaces in calculating gross register tons

(GRT) and therefore can result in lower tonnage values than

calculations based on the International Convention on Tonnage

Measurement of Ships, 1969 (ITC).

The 1995 Amendments to STCW include adjustments in the tonnage

thresholds from 200 GRT to 500 gross tons (GT); and from 1,600 GRT to

3,000 GT that reflect a relatively close alignment between the various

domestic tonnage systems used around the world and the ITC tonnage-

measurement system. The new STCW Regulation I/15, on Transitional

Provisions, allows Parties to reissue or revalidate certificates

(licenses) based on the lower tonnage values by substituting 500 GT for

200 GRT, and 3,000 GT for 1,600 GRT, at their discretion.

A number of alternatives are available for addressing tonnage in

the implementation of the 1995 Amendments to STCW. A threshold of 3,000

GT can be added as a new category of licensing without deleting any

existing category

ies to reissue or revalidate certificates

(licenses) based on the lower tonnage values by substituting 500 GT for

200 GRT, and 3,000 GT for 1,600 GRT, at their discretion.

A number of alternatives are available for addressing tonnage in

the implementation of the 1995 Amendments to STCW. A threshold of 3,000

GT can be added as a new category of licensing without deleting any

existing category. Under this alternative, the requirements for the

3,000-GT license would be identical to the requirements for a 1,600-GRT

license; and anyone holding a 1,600-GRT license for service on a ship

on near-coastal or ocean service would be entitled to hold an STCW

endorsement for service on seagoing ships of 3,000 GT. Similarly, an

individual holding a 200-GRT license would be entitled to hold an STCW

endorsement for service on seagoing ships of 500 GT.

Another alternative would be to add a threshold of 3,000 GT as a

new category of license, and delete the threshold of 1,600 GRT. Under

this alternative a transition mechanism would be implemented by

regulation or by policy guidance to ensure that holders of 1,600-GRT

licenses were issued 3,000-GT licenses at the time of renewal.

A different approach would be needed to align the 200-GRT and 500-

GRT thresholds in 46 CFR part 10 with the 500 GT threshold in the STCW

Amendments, because the 500-GRT license entails special requirements

that apply to certain classes of ships (i.e., OSVs). At the present

time, it appears that these thresholds must be retained, and policy

guidance will be developed for issuing an STCW endorsement at the 500-

GT level, with the appropriate service limitations.

Comments on these or other alternatives may be submitted to the

docket and will be considered before a final rule is published

uirements

that apply to certain classes of ships (i.e., OSVs). At the present

time, it appears that these thresholds must be retained, and policy

guidance will be developed for issuing an STCW endorsement at the 500-

GT level, with the appropriate service limitations.

Comments on these or other alternatives may be submitted to the

docket and will be considered before a final rule is published. In

deciding how to proceed, the Coast Guard would make every effort to

avoid penalizing either the holders of existing licenses or the

operators of vessels that have exercised their option to be measured

under the regulatory-tonnage-measurement system.

7. Medical fitness. The 1995 Amendments to STCW include a

requirement for Parties to establish standards of medical fitness for

seafarers, particularly regarding eyesight and hearing (STCW Regulation

I/9). Under STCW as amended, candidates for certification will have to

provide satisfactory proof that they meet the standards of medical

fitness; and they must each hold a document attesting their medical

fitness, issued by ``a duly qualified medical practitioner recognized

by the Party.''

Criteria and procedures for medical fitness are already established

by 46 CFR parts 10, 12, and 13. They include the following sections:

Sec. 10.205(d), physical-examination requirements for original

licenses; Sec. 10.207(e), physical requirements for raise of grade of

license; Sec. 10.209(d), physical requirements for license renewals;

Sec. 10.709, physical-examination requirements for pilots; Sec. 12.02-

27, physical requirements for renewal of a merchant mariner's document;

Sec. 12.05-5, physical requirements for Able Seamen; Sec. 12.15-5,

physical requirements for qualified members of the engine department;

and Sec. 13.125, physical requirements for tankermen.

There are currently no internationally agreed-upon standards of

medical fitness for seafarers, except in respect of eyesight (which

appear in section B-I/9 of the STCW Code)

merchant mariner's document;

Sec. 12.05-5, physical requirements for Able Seamen; Sec. 12.15-5,

physical requirements for qualified members of the engine department;

and Sec. 13.125, physical requirements for tankermen.

There are currently no internationally agreed-upon standards of

medical fitness for seafarers, except in respect of eyesight (which

appear in section B-I/9 of the STCW Code). The 1995 STCW Conference

adopted a resolution that (a) noted that the International Labor

Organization (ILO) and the World Health Organization (WHO) are

undertaking research into existing medical-examination requirements for

seafarers on a global basis and (b) invited IMO to develop

international standards of medical fitness for seafarers, in

cooperation with the ILO and WHO. This matter is now on the work

program of the IMO Sub-Committee on Standards of Training and

Watchkeeping (STW). It is unlikely that such standards will be

established before this proposed rule would be published as a final

rule.

Meanwhile, the Coast Guard has been working with MERPAC to

determine whether there is a need for more explicit physical standards

for entry-level personnel. The Coast Guard is also continuing to work

with the Maritime Administration in promoting the

Seafarers Health Improvement Program, which includes guidance for

physical examinations for both entry of seafarers into, and retention

in, the U.S. merchant marine.

The Coast Guard is also in the process of reviewing and revising

Navigation and Inspection Circular Number (NVIC) 6-89, ``Physical

Evaluation Guidelines for Merchant Mariners' Documents and Licenses,''

which identifies disqualifying medical conditions. As noted in one

comment submitted to the docket in response to the notice published on

August 2, 1995, medical-fitness standards must take into account the

job description for the positions to be filled by the individual

concerned, and the implications for both employees and employers under

the Americans with Disabilities Act (ADA)

censes,''

which identifies disqualifying medical conditions. As noted in one

comment submitted to the docket in response to the notice published on

August 2, 1995, medical-fitness standards must take into account the

job description for the positions to be filled by the individual

concerned, and the implications for both employees and employers under

the Americans with Disabilities Act (ADA).

Taking the preceeding discussion into account, the Coast Guard is

not venturing into any specific new medical-fitness standards in this

proposed rule. However, to ensure compliance with the requirements of

new STCW Regulation I/9, this rule includes a provision stating that

each applicant for an entry-level MMD must provide a document issued by

a qualified medical practitioner attesting the prospective seaman's

medical fitness for anticipated shipboard duties (Sec. 12.02-07).

The Coast Guard invites comments on the need for and feasibility of

establishing more prescriptive medical standards for entry-level

personnel and particularly for personnel with duties in safety or

pollution-prevention. It also invites comment on whether a licensed

nurse practitioner should be considered a ``qualified medical

practitioner'' for assuring medical fitness under U.S. regulations.

8. Quality-standards system (QSS). The 1995 Amendments to STCW

include a new requirement (STCW Regulation I/8) for Parties to ensure

that all training and assessment are ``continuously monitored through a

quality-standards system to ensure achievement of defined objectives,

including those concerning the qualifications and experience of

instructors and assessors.'' Furthermore, the new STCW Regulation

provides that an evaluation be conducted periodically by qualified

persons, not involved in the activities concerned. The associated

sections of the STCW Code expand on this STCW Regulation by outlining

the requirements for a QSS in Part A, and then by additional guidance

in Part B

ncerning the qualifications and experience of

instructors and assessors.'' Furthermore, the new STCW Regulation

provides that an evaluation be conducted periodically by qualified

persons, not involved in the activities concerned. The associated

sections of the STCW Code expand on this STCW Regulation by outlining

the requirements for a QSS in Part A, and then by additional guidance

in Part B. For example, A-I/8 states that independent evaluations of

assessments are to be conducted ``at intervals of not more than 5

years.'' Furthermore, the results of these evaluations are to be

reported to IMO, in accordance with STCW Regulation I/7.

To a large degree, the current process of the Coast Guard for

course approval meets the requirements of new STCW Regulation I/8, but

this process is limited to specific required training (such as

firefighting or radar), or training intended to substitute for part of

a sea-service requirement. As discussed in more detail relative to 46

CFR Part 10 under Approved training, the 1995 Amendments to STCW expand

the instances where approved training must or may be used to meet

competence requirements. A QSS will be required for all such training.

This proposed rule incorporates elements that conform to the STCW

requirements for a QSS for training and assessment activities, but that

would at the same time take into consideration the impact on Coast

Guard resources that may be needed for effective supervision. The

proposed rule is intentionally drafted to allow for a variety of QSSs

that may be tailored to suit particular programs of training and

assessment. They are also designed to ensure that no QSS imposes

unreasonable costs on small enterprises or entities that offer training

programs whether limited in scope or offered only to a restricted pool

of seafarers and programs that, regardless, may be conducted either on

board ship or at shoreside

w for a variety of QSSs

that may be tailored to suit particular programs of training and

assessment. They are also designed to ensure that no QSS imposes

unreasonable costs on small enterprises or entities that offer training

programs whether limited in scope or offered only to a restricted pool

of seafarers and programs that, regardless, may be conducted either on

board ship or at shoreside.

The Coast Guard invites comments on the extent to which the

following systems or processes, or a combination of such systems or

processes, should be accepted as meeting the QSS requirements of the

1995 Amendments to STCW:

(a) Periodic accreditation under a recognized process like the

regional accreditation used by high-level academic institutions in the

United States, such as the Middle States Association of Colleges and

Schools, provided that the process can be appropriately modified to

explicitly cover maritime training and take into account guidance

regarding quality-standards provided in part B-I/8 of the STCW Code.

(b) Periodic Accreditation by an independent professional agency,

or a voluntary association of trade and technical schools, that has

membership standards and a procedure for accreditation that takes into

account guidance regarding quality-standards provided in part B-I/8 of

the STCW Code.

(c) Periodic certification, by a State board of education, or other

suitable regulatory body at the State level, establishing that a

particular training program or institution is authorized to issue

certificates of completion of training requirements in a relevant

maritime field, if the supervising process takes into account guidance

regarding quality-standards provided in part B-I/8 of the STCW Code.

dic certification, by a State board of education, or other

suitable regulatory body at the State level, establishing that a

particular training program or institution is authorized to issue

certificates of completion of training requirements in a relevant

maritime field, if the supervising process takes into account guidance

regarding quality-standards provided in part B-I/8 of the STCW Code.

(d) Periodic certification by an organization accepted or

authorized by the Coast Guard, such as a ship-classification society,

that has developed a certification process for maritime-training

programs based on guidance regarding quality-standards provided in part

B-I/8 of the STCW Code, or has suitably adapted such a process from the

standards, guidelines, and principles contained in the ISO 9000 series,

or from the equivalent Quality management and Quality Assurance

Standards developed by the American National Standards Institute

(ANSI).

(e) Periodic evaluation by a panel or team of maritime-education

specialists, made up of professional staff from the State or Federal

maritime academies, or from other recognized maritime-training

institutions. The evaluation would be based on an industry standard to

be developed, and guidance regarding quality-standards provided in part

B-I/8 of the STCW Code.

The Coast Guard is continuing to work with MERPAC to identify how

best to introduce an effective QSS. It will consider the

recommendations of MERPAC that came from its first meeting in 1996 in

drafting the final rule.

For further discussion on qualifications of instructors and

assessors, see the section on Approved training other than approved

courses.

9. Simulators. The 1995 Amendments to STCW promote the use of

simulators for training and assessment by (a) requiring the proper use

of radar and ARPA simulators in training, and (b) allowing the use of

simulation as a tool for assessing the competence of candidates for

certification

alifications of instructors and

assessors, see the section on Approved training other than approved

courses.

9. Simulators. The 1995 Amendments to STCW promote the use of

simulators for training and assessment by (a) requiring the proper use

of radar and ARPA simulators in training, and (b) allowing the use of

simulation as a tool for assessing the competence of candidates for

certification. The amendments also set out performance standards for

simulators used for conducting required training or assessment. An

opportunity for grandfathering simulators installed or brought into use

before February 1, 2002, is provided under STCW Regulation I/12.

Current domestic rules require the use of simulators for those

training to qualify as radar observers (46 CFR 10.305 and 10.480) and

promote the use of simulator training promoted by allowing it to count,

in conjunction with approved training, as an equivalency for

up to 25 percent of required sea service (46 CFR 10.304(d)).

A new study by the Marine Board of the National Research Council

(NRC) examines the role of ship-bridge simulation in the professional

development and licensing of mariners responsible for vessels'

navigation and piloting. The study, entitled ``Simulated Voyages''

recommends steps to increase the use of simulators in maritime training

and assessment. The Coast Guard considers this proposed rule for

implementing STCW to be consistent with the study and its conclusions.

This rule is intended to allow introduction of the most effective use

of simulators into maritime training and assessment taking place in the

United States.

In this regard, the Coast Guard has also been working with the

maritime academies in developing guidelines on the use of simulators

there. The Maritime Academies Simulator Committee (MASC) includes

representatives from the six State maritime academies, the Maritime

Administration (MARAD), and the Coast Guard. The outcome of the efforts

of this committee will figure in drafting the final rule

In this regard, the Coast Guard has also been working with the

maritime academies in developing guidelines on the use of simulators

there. The Maritime Academies Simulator Committee (MASC) includes

representatives from the six State maritime academies, the Maritime

Administration (MARAD), and the Coast Guard. The outcome of the efforts

of this committee will figure in drafting the final rule.

Because of the wide variety of interpretations given to the term

``simulation,'' the Coast Guard invites comments on the need for

introducing definitions, or technical performance standards, into the

rules, and on the extent to which, or the conditions under which,

personal computer-based training should be classified as falling within

the scope of simulator training.

10. Effective dates. As noted earlier, the 1995 Amendments to STCW

come into force on February 1, 1997. However, STCW Regulation I/15, on

transitional provisions, allows some requirements to come into force

more gradually. The Coast Guard will be working at IMO to establish an

international agreement on precisely which requirements must come into

force as of February 1, 1997. Any agreement reached at IMO will be

taken into figure in drafting the final rule.

STCW Regulation I/15 provides that a Party may continue, until

February 1, 2002, to issue certificates (licenses) in accordance with

the domestic rules it has in place before the 1995 Amendments come into

force (February 1, 1997) only in respect to seafarers who begin their

sea service or their approved maritime training before August 1, 1998.

Candidates who begin their service or their training after then will be

subject to the full application of the revised STCW requirements.

Where options presented by this proposed rule would be to the

advantage of the maritime industry in the United States, there may be

no need to defer or delay implementation

begin their

sea service or their approved maritime training before August 1, 1998.

Candidates who begin their service or their training after then will be

subject to the full application of the revised STCW requirements.

Where options presented by this proposed rule would be to the

advantage of the maritime industry in the United States, there may be

no need to defer or delay implementation. Comments on the most suitable

effective dates for new requirements associated with such matters as

the QSS and the process for identifying qualified instructors and

assessors should be submitted to the docket.

46 CFR Part 10--Licensing of Maritime Personnel

1. Purpose of Regulations

The Coast Guard would revise Sec. 10.101(a) to reflect that the

purpose of part 10 is twofold. This proposed rule is intended to

provide, first, a means of determining that an applicant is qualified

to hold a U.S. license and, second, a means of determining that an

applicant is competent to hold an STCW certificate or endorsement to

serve in a particular shipboard position. The use of the term ``STCW

certificate or endorsement'' would allow the Coast Guard to combine the

U.S. license and the STCW endorsement into a single document at some

time in the future, for administrative convenience.

2. Approved Training

The Coast Guard would revise Sec. 10.101(c) to indicate that

Subpart C of Part 10 would apply not only to approved training used for

remission of seagoing service but also to all training and assessment

that must be approved as meeting the requirements of STCW. For

additional discussion of approved training see the discussion of

Sec. 10.309 under Approved training other than approved courses.

3. Incorporation by Reference

The Coast Guard would introduce the necessary language in

Sec. 10.102 to allow technical requirements of the 1995 Amendments to

STCW and to the STCW Code to be incorporated by reference into specific

rules in part 10.

4. Definitions

additional discussion of approved training see the discussion of

Sec. 10.309 under Approved training other than approved courses.

3. Incorporation by Reference

The Coast Guard would introduce the necessary language in

Sec. 10.102 to allow technical requirements of the 1995 Amendments to

STCW and to the STCW Code to be incorporated by reference into specific

rules in part 10.

4. Definitions

The Coast Guard would add a number of new definitions in

Sec. 10.103. These include approved training because virtually all

training required under STCW is subject to approval to ensure that it

meets the relevant provisions of STCW. However, such training is

distinct from training provided in the context of a course approved by

the Coast Guard for use as a substitute for sea service. Under this

proposed rule, training could be ``approved'' for the purposes of STCW

if it met certain minimal conditions, as set out in Sec. 10.309. Refer

to the discussion of that section (paragraph 12) for more details.

The proposal also includes a definition for Coast-Guard-accepted.

This term is used in a number of regulations to indicate that, although

the Coast Guard would not in some cases engage in a formal approval

process, it would maintain certain standards of practice by accepting

materials or processes as meeting the applicable requirements, or by

authorizing a third party to do so on its behalf under a Memorandum of

Agreement.

This proposed rule also defines approved instructor as a person

trained or instructed in instructional techniques and qualified to

provide required training to candidates for licenses, documents, and

endorsements.

A definition of STCW endorsement also appears in Sec. 10.103

because that term occurs with some frequency in the proposed rule, and

the definition would give this endorsement a special legal significance

as a document issued under Part 10 to those found in compliance with

STCW Standards of Competence

ified to

provide required training to candidates for licenses, documents, and

endorsements.

A definition of STCW endorsement also appears in Sec. 10.103

because that term occurs with some frequency in the proposed rule, and

the definition would give this endorsement a special legal significance

as a document issued under Part 10 to those found in compliance with

STCW Standards of Competence.

For the purposes of this proposed rule, the Coast Guard assumes

that Part 10 will also include a number of new definitions along the

lines of those being developed for docket number CGD 94-055, the

project on licensing requirements for officers of towing vessels,

including the following:

(a) Designated examiner means an individual trained or instructed

in assessment techniques and otherwise qualified to evaluate whether a

candidate for a license, document, or endorsement has achieved the

level of competence necessary to hold the license, document, or

endorsement. This individual may be personally designated by the Coast

Guard, or be designated within the context of a Coast-Guard-approved

program of training or assessment.

(b) Standard of competence means the level of proficiency necessary

for the proper performance of duties on board vessels in accordance

with national and international criteria.

(c) Practical demonstration means the performance of an activity

under the direct observation of a designated examiner for the purpose

of establishing that the performer is sufficiently proficient in a

practical skill to meet a specified standard of competence or other

objective criterion.

These are not final definitions, and comments made on their

applicability to STCW requirements will be taken into account in the

rule on towing vessels to ensure that that final rule winds up

consistent with all the changes being made to Part 10 by this. Both

rules will also maintain uniformity with the definitions of identical

terms used in

part 12. This will be discussed further under Sec. 12.01-6.

not final definitions, and comments made on their

applicability to STCW requirements will be taken into account in the

rule on towing vessels to ensure that that final rule winds up

consistent with all the changes being made to Part 10 by this. Both

rules will also maintain uniformity with the definitions of identical

terms used in

part 12. This will be discussed further under Sec. 12.01-6.

5. Paperwork Approval

If this proposed rule finally results in new reporting and

recordkeeping requirements, Sec. 10.107 will refer to the appropriate

OMB control numbers.

6. Eligibility for Licenses

The Coast Guard would revise paragraph (a) of Sec. 10.207 to

reflect that, in some cases, candidates must provide proof of having

successfully completed practical demonstrations of certain skills.

Demonstration requirements are further specified in proposals relating

to Secs. 10.205, 10.910, and 10.950.

7. Issuance of Licenses

The Coast Guard would revise Sec. 10.202 to ensure that anyone

qualified for an STCW certificate or endorsement is issued the

appropriate documents at the same time as a license.

8. Requirements for Original Licenses

Under Sec. 10.205, the Coast Guard would incorporate a number of

new requirements from the 1995 Amendments to STCW, as follows:

(a) Firefighting. Under paragraph (g) of Sec. 10.205, every

candidate for a license--as master or mate of a vessel on near-coastal

or ocean service, as an operator of an uninspected passenger vessel

operating beyond the boundary line, for service on a MODU, and as an

engineer--will have to meet the standard of competence in basic and

advanced firefighting set out in STCW Regulations VI/1 and VI/3 and in

Part A of the associated sections of the STCW Code. This proposed rule

assumes that operators of seagoing towing vessels will be classified as

masters or mates under a separate rulemaking [CGD 94-055]. If they are

not, then the final rule in this will restore the reference to

operators of such vessels

petence in basic and

advanced firefighting set out in STCW Regulations VI/1 and VI/3 and in

Part A of the associated sections of the STCW Code. This proposed rule

assumes that operators of seagoing towing vessels will be classified as

masters or mates under a separate rulemaking [CGD 94-055]. If they are

not, then the final rule in this will restore the reference to

operators of such vessels.

A second provision would allow the Coast Guard to approve a

firefighting course or training program specially designed for a

particular ship or type of service. This is consistent with the

exemption in STCW Regulation II/3 of the 1995 Amendments, which

concerns certification of masters and mates on ships of less than 500

GT and states that

[t]he Administration, if it considers that a ship's size and the

conditions of its voyage are such as to render the application of

the full requirements of this regulation and section A-II/3 of the

STCW Code unreasonable or impracticable, may to that extent exempt

the master and the officer in charge of a navigational watch on such

a shop or class of ships from some of the requirements, bearing in

mind the safety of all ships that may be operating in the same

waters.

The Coast Guard expects to apply this flexibility, for instance, in

approval of a firefighting course or training program for licensed

personnel serving on small passenger vessels engaged in near-coastal

voyages. In these cases, the Coast Guard would take into consideration

the firefighting equipment whose fitting is actually required on such

vessels, as well as the complexity of firefighting that may take place

on such vessels. The Coast Guard invites comments on the scope,

content, and skills-assessment techniques that it should include in

these limited or modified courses or training programs.

ges. In these cases, the Coast Guard would take into consideration

the firefighting equipment whose fitting is actually required on such

vessels, as well as the complexity of firefighting that may take place

on such vessels. The Coast Guard invites comments on the scope,

content, and skills-assessment techniques that it should include in

these limited or modified courses or training programs.

(b) Automatic Radar-Plotting Aids (ARPA). The Coast Guard would

revise Sec. 10.205 by adding a new STCW requirement for every candidate

for a license--as master or mate of vessels on near-coastal or ocean

service, or as operator of uninspected passenger vessels operating

beyond the boundary line--to establish competence in the use of ARPA.

Candidates would have to have ARPA-simulator training. However, this

requirement would not apply to those who will be serving on vessels not

fitted with ARPA; in such cases, the license and STCW endorsement would

state the lack of the training. (For further discussion of radar-

training requirements, see the discussion of Sec. 10.480 at page 46.)

(c) Certificate for Operator of Radio in Global Maritime Distress

and Safety System (GMDSS). The Coast Guard would revise Sec. 10.205 by

adding a new STCW requirement that every candidate for a license--as

master or mate of a vessel on near-coastal or ocean service--hold a

Certificate for Operator of Radio in Global Maritime Distress and

Safety System issued by the Federal Communications Commission (FCC)

under its regulations (47 CFR Part 13), or a certificate of completion

of an FCC-approved or Coast Guard-approved Certificate for Operator of

Radio in Global Maritime Distress and Safety System. However, this

requirement would not apply to those who will be serving on vessels not

required to participate in the GMDSS system under FCC regulations (47

CFR Part 80) and Chapter IV of the International Convention on Safety

of Life At Sea (SOLAS)

ificate of completion

of an FCC-approved or Coast Guard-approved Certificate for Operator of

Radio in Global Maritime Distress and Safety System. However, this

requirement would not apply to those who will be serving on vessels not

required to participate in the GMDSS system under FCC regulations (47

CFR Part 80) and Chapter IV of the International Convention on Safety

of Life At Sea (SOLAS). Seagoing cargo ships of 300 GTs and seagoing

passenger ships must meet GMDSS requirements. On the other hand, some

mates or masters may have to hold GMDSS certificates before this

proposed rule would become final in any form, if they are designated to

serve as primary or secondary GMDSS operators under FCC regulations.

One comment submitted in response to the request for comments

published in the Federal Register on August 2, 1995 [60 FR 39306],

urged the Coast Guard to provide for ``maintenance of GMDSS and radio

equipment in the revisions of the licensing and documentation

regulations to reflect the STCW Amendments.'' The comment also said ``a

communications and electronics position should be established

incorporating the skills of the traditional Radio Officer and those of

an electronics specialist.'' The comment also asserted that the Coast

Guard, rather than the FCC, should certify training facilities and

testing facilities for the GMDSS. Lastly, the comment said the Coast

Guard should consider establishing standards of competence for

shipboard radio-electronics personnel responsible for distress and

emergency communications.

For regulatory purposes, the Coast Guard considers this comment to

raise four distinct issues. Only two of these fall directly in the

scope of the present rulemaking, to implement the 1995 Amendments to

STCW. Qualifications of those who will be maintaining GMDSS and radio

equipment, and their training and testing, are subjects within the

scope of this project. A proposal for establishing an electronics-

technician endorsement appears under part 12 (in new Sec

raise four distinct issues. Only two of these fall directly in the

scope of the present rulemaking, to implement the 1995 Amendments to

STCW. Qualifications of those who will be maintaining GMDSS and radio

equipment, and their training and testing, are subjects within the

scope of this project. A proposal for establishing an electronics-

technician endorsement appears under part 12 (in new Sec. 12.25-45).

Proposals for the establishment of a new crew position on U.S.

ships, to be dedicated to communications and electronics, or

modification of radio officers' role to encompass all GMDSS-related

responsibilities, lie outside the scope of this rulemaking. STCW does

not impose manning requirements on seagoing ships. On the other hand,

the new certification standards may have implications for crew

complements; therefore, the Coast Guard has included a proposal for

revising part 15 concerning the ability of the electronics technician

to perform at-sea maintenance of GMDSS installations when the ship is

required to have that onboard-maintenance capability as one of the

options under the GMDSS provisions of SOLAS. That proposal pertains to

Sec. 15.401.

With respect to the role of the Coast Guard and the FCC in

regulating maritime communications, the Coast Guard currently

recognizes the FCC as the agency with primary responsibility for

establishing U.S. requirements for holding radiocommunications licenses

or radio operators' certificates. This responsibility is complemented

by the

rovisions of SOLAS. That proposal pertains to

Sec. 15.401.

With respect to the role of the Coast Guard and the FCC in

regulating maritime communications, the Coast Guard currently

recognizes the FCC as the agency with primary responsibility for

establishing U.S. requirements for holding radiocommunications licenses

or radio operators' certificates. This responsibility is complemented

by the

Coast Guard's authority for issuing radio officers' licenses. This

proposed rule honors the complementary roles of both agencies, while

taking into account the fact that adjustments may be made in the future

on how these roles are allocated and carried out. Comment to the docket

is welcome on whether the Coast Guard should be involved in approving

the GMDSS training program, as it is proposing to be. The Coast Guard

will also be looking at this issue in light of section 365 of the

Telecommunications Act of 1996 (Public Law 104-104) which will allow a

vessel to operate without a radio officer if it is determined that the

vessel is properly fitted with equipment to implement GMDSS, and the

equipment is in good working condition.

(d) Personal survival techniques. The Coast Guard is proposing to

revise Sec. 10.205 by adding a new STCW requirement--for every

candidate for a license as master, mate, or engineer on a vessel on

near-coastal or ocean service, or for a license as operator of

uninspected passenger vessels operating beyond the boundary line, or

for a license for service on a MODU--to present proof of having

received approval training or instruction in personal survival

techniques (i.e., survival at sea in the event of abandoning ship). The

object of the training is to ensure that the candidate meets the

standard of competence in personal survival techniques set out in STCW

Regulation VI/1 and in table VI/1-1 in section A/VI/1 of the STCW Code.

The Coast Guard intends to accept training and assessment which is

based on documented practical experience

rvival

techniques (i.e., survival at sea in the event of abandoning ship). The

object of the training is to ensure that the candidate meets the

standard of competence in personal survival techniques set out in STCW

Regulation VI/1 and in table VI/1-1 in section A/VI/1 of the STCW Code.

The Coast Guard intends to accept training and assessment which is

based on documented practical experience.

The Coast Guard is also proposing to approving a personal survival

course of training especially designed for a particular ship or type of

service. This is consistent with the flexibility conferred by section

A-VI/1, paragraph 3, of the STCW Code that concerns familiarization and

basic safety-training and states that

[t]he Administration may, in respect of ships other than passenger

ships of more than 500 gross tonnage engaged on international

voyages and tankers, if it considers that a ship's size and the

conditions of its voyage are such as to render the application of

the full requirements of this section of the STCW Code unreasonable

or impracticable, exempt to that extent the seafarers on such a ship

or class of ships from some of the requirements, bearing in mind the

safety of people on board, the ship and property and the protection

of the environment.

The Coast Guard expects to apply this flexibility, for instance, in

approval of personal survival training for licensed personnel serving

on small vessels engaged in near-coastal voyages. The Coast Guard

invites comment on the scope, content, and skills-assessment techniques

that should be included in this limited or modified training.

hip and property and the protection

of the environment.

The Coast Guard expects to apply this flexibility, for instance, in

approval of personal survival training for licensed personnel serving

on small vessels engaged in near-coastal voyages. The Coast Guard

invites comment on the scope, content, and skills-assessment techniques

that should be included in this limited or modified training.

(e) Personal safety and social responsibilities. The Coast Guard is

proposing to revise Sec. 10.205 by adding a new STCW requirement--for

every candidate for a license as master, mate, or engineer on a vessel

in near-coastal or ocean service, or for a license as an operator of

uninspected passenger vessels operating beyond the boundary line, or

for a license for service on a MODU--to present a certificate of

completion of approved training in personal safety and social

responsibilities (e.g., taking proper actions in emergencies, taking

precautions to prevent pollution, observing safe working practices,

understanding and communicating orders, and contributing to effective

human relationships on board ship by being aware of employment

conditions, individual rights and obligations, dangers of alcohol

abuse, etc.). The object is to ensure that the candidate meets the

standard of competence in personal safety and social responsibility set

out in STCW Regulation VI/1 and in table A-VI/1-4 in section A/VI/1 of

the STCW Code.

The Coast Guard is also proposing to let itself approve a course in

personal safety and social responsibilities especially designed for a

particular ship or type of service. This is consistent with the

exemption in section A-VI/1, paragraph 3, of the STCW Code quoted under

paragraph (d) Personal survival techniques.

The Coast Guard invites comments on the scope, content, and skill-

assessment techniques that belong in this limited or modified training

urse in

personal safety and social responsibilities especially designed for a

particular ship or type of service. This is consistent with the

exemption in section A-VI/1, paragraph 3, of the STCW Code quoted under

paragraph (d) Personal survival techniques.

The Coast Guard invites comments on the scope, content, and skill-

assessment techniques that belong in this limited or modified training.

The Coast Guard anticipates that the requirements for firefighting,

personal survival, and personal safety and social responsibility

including pollution prevention can be combined into a single course of

training or instruction, which also includes elementary first aid, to

meet the basic safety-training requirements of section A-VI/1,

paragraph 2, of the STCW Code. This will be particularly true with

respect to operators of uninspected passengers vessels (OUPVs)

operating seaward of the boundary line. The Coast Guard intends to

develop a checklist of elementary basic safety-instruction that

candidates for OUPV licenses could have confirmed by boating-safety

instructor from the Coast Guard Auxiliary or the Red Cross, or by a

suitable official from the local firefighting department. The Coast

Guard invites comments on what belongs in this elementary basic safety

checklist.

After receiving the basic safety-training or instruction, the

license-holder must every 5 years provide evidence of having maintained

the required standard of competence, by providing evidence at the time

of renewal that he or she has demonstrated competence and has been

examined or continuously assessed as part of an approved training

program, in accordance with the tables in section A-VI/1, paragraph 2,

of the STCW Code. This matter gets closer scrutiny in the discussion

under paragraph 9, Requirements for renewal of licenses.

equired standard of competence, by providing evidence at the time

of renewal that he or she has demonstrated competence and has been

examined or continuously assessed as part of an approved training

program, in accordance with the tables in section A-VI/1, paragraph 2,

of the STCW Code. This matter gets closer scrutiny in the discussion

under paragraph 9, Requirements for renewal of licenses.

(f) Procedures for bridge team-work. The Coast Guard would revise

Sec. 10.205 by adding a new STCW requirement for every candidate for a

license as master, or mate, on a vessel on near-coastal or ocean

service to know effective bridge-team-work procedures as an essential

element of the competence to maintain a safe navigational watch. The

Coast Guard understands bridge-team-work procedures to encompass the

processes by which the watchkeeping personnel work together efficiently

and effectively to maintain a continuously safe watch. The concepts

applied in training and assessment to that end should reflect the

principles of bridge-resource management that contribute to the most

effective performance of watchkeeping duties. In this regard, refer to

the principles of bridge-resource management outlined in section B-VIII

of the STCW Code.

(g) Practical demonstration. The Coast Guard would add a new

subsection to Sec. 10.205 to require that, when a practical

demonstration of a skill is called for under this section or under a

provision of STCW referred to in this section the candidate must

provide sufficient evidence that the skill has been demonstrated

properly in the presence of a designated examiner. A written record,

including skills demonstrated, identity of the designated examiner, and

the results of the demonstration, must be maintained in the applicant's

license file. The Coast Guard invites comments on the best format for

maintaining this record. For related proposals, refer to the discussion

on tables 10.910 and 10.950.

9. Requirements for Raise in Grade of License

nated examiner. A written record,

including skills demonstrated, identity of the designated examiner, and

the results of the demonstration, must be maintained in the applicant's

license file. The Coast Guard invites comments on the best format for

maintaining this record. For related proposals, refer to the discussion

on tables 10.910 and 10.950.

9. Requirements for Raise in Grade of License

The Coast Guard would revise Sec. 10.207 to require proof that

candidates for a raise in grade of license have been examined and

otherwise assessed, to establish that they meet standards of

competence. In many cases, STCW will

require assessment by examination and by demonstration of practical

skills, which will be in addition to any basic qualifications such as

age, seagoing experience, and training.

10. Requirements for Renewal of Licenses

The Coast Guard is proposing to add a new subsection under

Sec. 10.209 to indicate that after July 31, 1998, applicants for

renewals will have to meet new requirements for holding the original

licenses at the grades concerned.

Candidates for renewal of licenses as masters or mates for service

on vessels in ocean or near-coastal service, or as operators of

uninspected passenger vessels operating beyond the boundary line, will

have to have the appropriate training or instruction in firefighting,

personal survival techniques, and personal safety and social

responsibility. If the instruction took place more than 5 years ago,

the candidates will also have to provide proof that competence was

assessed and validated within the last 5 years. Regardless of the

schedule under which a candidate's license is renewed, he or she will

need to receive basic safety training in accordance with dates of

compliance established in paragraph (b) of Sec. 15.403 for service on a

seagoing vessel. The Coast Guard intends to accept training and

assessment which is based on documented practical experience

essed and validated within the last 5 years. Regardless of the

schedule under which a candidate's license is renewed, he or she will

need to receive basic safety training in accordance with dates of

compliance established in paragraph (b) of Sec. 15.403 for service on a

seagoing vessel. The Coast Guard intends to accept training and

assessment which is based on documented practical experience.

Candidates for renewal of licenses will also need to be trained in

ARPA if they will be serving on vessels fitted with ARPA and they will

need to hold a Certificate for Operator of Radio in Global Maritime

Distress and Safety System if they will be serving on vessels that

participate in GMDSS.

The proposed deadline of July 31, 1998, derives from the

transitional provisions of the 1995 Amendments to STCW, which allow for

a phase-in of new requirements up to August 1, 1998. STCW Regulation I/

15 permits a Party to renew certificates (licenses) until February 1,

2002, in accordance with rules that will be in effect before February

1, 1997. However, to meet the target for full implementation in 2002,

it is necessary to process renewals in accordance with new requirements

beginning in 1998.

With these changes, the renewal process will conform to the

requirements of new STCW Regulation I/11 (Revalidation of Certificates)

of the 1995 Amendments.

11. Required use of Training--And Assessment--record Books

As noted, the 1995 Amendments to STCW require the use of a

training- and assessment-record book under some circumstances. The

Coast Guard is proposing to revise Sec. 10.304 to require use of Coast-

Guard-accepted training- and assessment-record books when candidates

for deck licenses are using training to substitute of service, and when

candidates for engineer licenses need onboard training to meet the

requirements of STCW

o STCW require the use of a

training- and assessment-record book under some circumstances. The

Coast Guard is proposing to revise Sec. 10.304 to require use of Coast-

Guard-accepted training- and assessment-record books when candidates

for deck licenses are using training to substitute of service, and when

candidates for engineer licenses need onboard training to meet the

requirements of STCW. A training- and assessment-record book must

provide certain basic information including an indication, by means of

the initials or signature of a clearly identified, designated examiner,

that the candidate has established, through practical demonstrations,

that he or she is competent in each of the subjects of knowledge,

understanding, and proficiency set forth in the tables of the

appropriate section in Part A of the STCW Code.

The Coast Guard proposes to require the designated examiner to

certify that he or she has in fact personally witnessed the practical

demonstration by the candidate.

STCW requires the training- and assessment-record book to be

``approved.'' The Coast Guard plans to issue a NVIC or suitable

regulation in due course that would set out the format or formats that

it will consider approved (i.e., Coast-Guard-accepted) for the purposes

of complying with this regulation. Formal approval would take place

when the record book is submitted as proof that competence has been

assessed.

12. Approved Training Other Than Approved Courses

The 1995 Amendments to STCW refer to ``approved training'' in the

following eight contexts:

t out the format or formats that

it will consider approved (i.e., Coast-Guard-accepted) for the purposes

of complying with this regulation. Formal approval would take place

when the record book is submitted as proof that competence has been

assessed.

12. Approved Training Other Than Approved Courses

The 1995 Amendments to STCW refer to ``approved training'' in the

following eight contexts:

(a) STCW Regulation II/1 states that a candidate for certification

as officer in charge of a navigational watch must have approved

seagoing service of not less than 1 year ``as part of an approved

training program which includes onboard training which meets the

requirements of section A-II/1 of the STCW Code and is documented in an

approved training-record book.'' In the absence of an approved training

program, the candidate must have at least 3 years of approved seagoing

service.

(b) STCW Regulation III/1 states that a candidate for officer in

charge of an engineering watch, or for designated duty engineer, must

have completed ``approved education and training of at least 30 months

which includes onboard training documented in an approved training-

record book and meets the standards of competence specified in section

A-II/1 of the STCW Code.''

(c) STCW Regulation IV/2 states that candidates for certification

as persons in charge of or performing radio duties on a ship required

to participate in the GMDSS must have completed ``approved education

and training and meet the standard of competence specified in section

A-IV/2 of the STCW Code.''

(d) STCW Regulation V/1 requires certain personnel on tankers to

have completed ``an approved tanker familiarization course'' and ``an

approved specialized training program.''

(e) STCW Regulation V/2 requires certain personnel on ro-ro

passenger ships to have completed ``approved training in crisis

management and human behavior.''

f competence specified in section

A-IV/2 of the STCW Code.''

(d) STCW Regulation V/1 requires certain personnel on tankers to

have completed ``an approved tanker familiarization course'' and ``an

approved specialized training program.''

(e) STCW Regulation V/2 requires certain personnel on ro-ro

passenger ships to have completed ``approved training in crisis

management and human behavior.''

(f) Section A-VI of the STCW Code refers to ``approved

familiarization training'' for all persons employed or engaged on

seagoing ships other than passengers, and to ``approved basic training

or instruction'' for seafarers with designated safety or pollution-

prevention duties.

(g) The table of competence for deck officers (A-II/1) refers to

``approved radar simulator and ARPA simulator training.''

(h) The tables of competence throughout part A of the STCW Code

refer to ``approved training,'' ``approved simulator training'' and

``approved laboratory equipment training'' as alternative methods

constituting evidence to prove a candidate's competence.

The Coast Guard's current course-approval system, as provided in

Secs. 10.301 to 10.307, applies only to specific mandatory courses such

as firefighting, radar, and first aid or cardiopulmonary resuscitation,

and to training used as a substitute for required service or for a

written examination. There are almost 400 Coast-Guard-approved courses.

(The procedures necessary to process course approvals appear (as

outlined in NVIC 5-95, ``Marine Licensing Program's Quality Standards

System for Approved Training''). An alternative system may be needed to

regulate approved training conducted to meet STCW requirements but not

used for remission of seagoing service under Part 10.

The Coast Guard is working with MERPAC to identify the criteria for

instructors of approved courses. MERPAC is also looking at the

relationship of these criteria to the overall requirements for

monitoring

for Approved Training''). An alternative system may be needed to

regulate approved training conducted to meet STCW requirements but not

used for remission of seagoing service under Part 10.

The Coast Guard is working with MERPAC to identify the criteria for

instructors of approved courses. MERPAC is also looking at the

relationship of these criteria to the overall requirements for

monitoring

training under a quality-standards system that ensures the meeting of

training objectives. Preliminarily, the MERPAC working groups engaged

in these efforts have settled on a concept under which the Coast Guard

would individually certify instructors and examiners whom it finds to

meet professional and instructional experience. The status and content

of MERPAC's recommendations on these criteria will influence the final

rule.

The Coast Guard is including in this proposed rule an alternative

to its current course-approval system. Proposed new Sec. 10.309 rests

on the principle of self-certification with minimum Coast Guard

oversight based on acceptance by the Coast Guard of certain materials

and procedures to maintain standards. In other words, completion

certificates issued by training programs that meet the conditions

stated in that section could be accepted as meeting the ``approved

training'' requirements of STCW when such training is not being used

for remission of seagoing service.

This could be done by a process like that used to credit ``approved

seagoing service'' after the fact, on sufficient documentary proof. If

the Coast Guard learned that the conditions set out in new Sec. 10.309

were not being met by a particular training program, it would not

accept certificates of completion as proof that the necessary training

had been completed. The conditions for conducting approved training

other than approved courses are set out in new Sec. 10.309.

This proposal is intended to comply with the requirements of new

STCW Regulations I/6 and I/8 of the 1995 Amendments

Sec. 10.309

were not being met by a particular training program, it would not

accept certificates of completion as proof that the necessary training

had been completed. The conditions for conducting approved training

other than approved courses are set out in new Sec. 10.309.

This proposal is intended to comply with the requirements of new

STCW Regulations I/6 and I/8 of the 1995 Amendments. STCW Regulation I/

6 concerns qualifications of those who train or assess the competence

of seafarers; and STCW Regulation I/8 requires that training and

assessment of seafarers be continuously monitored through a quality-

standards system to ensure achievement of defined objectives, including

those concerning the qualifications and experience of instructors and

assessors.

The Coast Guard welcomes comments on this alternative approach,

particularly with respect to (a) Coast Guard involvement in conducting

oversight and maintenance of standards through a Coast-Guard-acceptance

procedure and (b) specific training or instruction in instruction or

assessment that those who instruct or assess candidates for STCW

certificates or endorsements should be proficient in.

13. Radar Training

The Coast Guard would revise Sec. 10.480 to require that radar

simulators used in radar training meet the performance standards set

out in section A-I/12 of the STCW Code.

14. Requirements for Radio Operators' Certificates

The Coast Guard would expand Secs. 10.601 and 10.603 to cover

certification or radio operators for service on ships required to

participate in GMDSS. Candidates must meet the standard of competence

set forth in STCW Regulation IV/2 of the 1995 Amendments.

This proposal is intended to complement that under Sec

ection A-I/12 of the STCW Code.

14. Requirements for Radio Operators' Certificates

The Coast Guard would expand Secs. 10.601 and 10.603 to cover

certification or radio operators for service on ships required to

participate in GMDSS. Candidates must meet the standard of competence

set forth in STCW Regulation IV/2 of the 1995 Amendments.

This proposal is intended to complement that under Sec. 10.205,

which would require masters and mates to hold a Certificate for

Operator of Radio in Global Maritime Distress and Safety System (GMDSS)

if they serve on vessels that participate in GMDSS, and with FCC

regulations in 47 CFR parts 13 and 80 also allows persons other than

masters and mates to acquire radio operators certificates from the

Coast Guard if they have the necessary training and have met standards

of competence by means of an examination and practical demonstration.

The Coast Guard invites comment on the most effective process for

implementing the Certificate requirements for GMDSS radio operator,

particularly in light of section 365 of the Telecommunications Act of

1996 which promotes implementation of GMDSS on U.S. vessels.

15. Practical Demonstration

Subpart I of part 10 (Secs. 10.901 through 10.950) is currently

limited to identification of subjects in which candidates must be

examined to qualify for certain licenses. Because qualification for

STCW certificates or endorsements under the 1995 Amendments to the

Convention will typically require candidates to prove their competence

by means of both an examination and a demonstration of skills, the

Coast Guard is proposing to expand Sec. 10.901 to cover practical

demonstrations.

Proposed new Sec. 10.901 provision would incorporate by reference

the tables in Part A of the STCW Code, with the effect of permitting

candidates for U.S. licenses to demonstrate their competence by any of

the methods authorized under those tables

means of both an examination and a demonstration of skills, the

Coast Guard is proposing to expand Sec. 10.901 to cover practical

demonstrations.

Proposed new Sec. 10.901 provision would incorporate by reference

the tables in Part A of the STCW Code, with the effect of permitting

candidates for U.S. licenses to demonstrate their competence by any of

the methods authorized under those tables.

The table of subjects (a) adds subjects that will be treated under

STCW; (b) highlights those subjects for which candidates must perform

practical demonstrations; and (c) suggests subjects that can be removed

from the table because not treated under STCW.

The Coast Guard is also proposing a new subsection to require that

simulators used in assessment of competency or demonstration of

continued proficiency must meet the appropriate performance standards

set out in section A-I/12 of the STCW Code. However, simulators

installed or brought into use before February 1, 2002, would be exempt

from full compliance with these standards to the extent that they

remained capable of meeting the objectives of the assessment of

competence or demonstration of continued proficiency.

16. Ro-Ro Passenger Ships

The 1995 Amendments to STCW include new special provisions for

personnel serving on ro-ro passenger ships. New STCW Regulation V/2 in

Chapter V of the Annex, and section A-V/2 of the STCW Code, establish

mandatory minimum standards for the training and certification of

masters, officers, ratings (i.e., unlicensed seamen with certain

ratings), and other personnel on ro-ro passenger ships.

Because there are a number of ro-ro passenger ships documented in

the United States, of which six operate on international voyages

between the United States and Canada, the Coast Guard is proposing to

add a new subpart J in part 10, on ``Professional requirements for

officers serving on ro-ro passenger ships,'' to implement STCW

Regulation V/2 in the U.S. licensing system

ro passenger ships.

Because there are a number of ro-ro passenger ships documented in

the United States, of which six operate on international voyages

between the United States and Canada, the Coast Guard is proposing to

add a new subpart J in part 10, on ``Professional requirements for

officers serving on ro-ro passenger ships,'' to implement STCW

Regulation V/2 in the U.S. licensing system. Primarily, the new subpart

would incorporate by reference STCW Regulation V/2 and section A-V/2 of

the STCW Code. This proposed rule would apply only to U.S. Ro-Ro

passenger ships to which SOLAS Certificates are issued. Comments on

whether application should be expanded to other classes of U.S. ro-ro

passenger ships may be submitted to the docket.

The International Maritime Organization (IMO) will be undertaking

further work to clarify certain requirements under STCW Regulation V/2.

In particular, the STCW of IMO will consider training in crisis

management for masters and senior officers. Any recommendations that

IMO ultimately adopts in this regard will influence the Coast Guard in

approving training programs or course materials on this subject.

46 CFR Part 12--Certification of Seamen

1. Purpose of Regulations

The Coast Guard would revise Sec. 12.01-1 to reflect that the

purpose of part 12 is twofold. Part 12 is intended to provide, first, a

means of determining the qualifications an applicant must possess to be

eligible for certification to serve on U.S. merchants vessels and,

second, a means of determining whether an applicant is competent under

STCW to serve in a particular shipboard position. The Coast Guard is

also proposing to indicate that new subpart 12.03 prescribes the

requirements applicable to training and assessment associated with

meeting the standards of competence under amended STCW.

2. Incorporation by Reference (Sec. 12.01-3)

erchants vessels and,

second, a means of determining whether an applicant is competent under

STCW to serve in a particular shipboard position. The Coast Guard is

also proposing to indicate that new subpart 12.03 prescribes the

requirements applicable to training and assessment associated with

meeting the standards of competence under amended STCW.

2. Incorporation by Reference (Sec. 12.01-3)

The Coast Guard would introduce the necessary language in

Sec. 12.01-3 to allow technical requirements of the 1995 Amendments to

STCW and to the STCW Code to be incorporated by reference into specific

rules in Part 12.

3. Definitions

As noted in the discussion of Sec. 10.103, the Coast Guard intends

to maintain consistency in the definitions for identical terms used in

parts 10 and 12. Consequently, the Coast Guard is proposing for

Sec. 12.01-6 a number of new definitions that correspond with those

proposed for Sec. 10.103. These comprise approved training, Coast-

Guard-accepted, designated examiner, practical demonstration, qualified

instructor, STCW endorsement, and standard of competence.

4. When Documents are Required

The Coast Guard would revise Sec. 12.02-7 to require individuals

serving in certain capacities on seagoing ships to hold STCW

certificates or endorsement stating that they are so qualified.

5. General Provisions Respecting Merchant Mariner's Document (MMD)

The Coast Guard is proposing to revise Sec. 12.02-11 to ensure that

everyone qualified for an STCW certificate or endorsement is issued the

appropriate certificate or endorsement when he or she is issued an MMD,

or when the MMD is renewed or endorsed. One may be qualified to hold an

endorsement for a rating forming part of a navigation or engineering

watch, under STCW Regulation II/4 or III/4 and the corresponding

section of the STCW Code (A-II/4 or A-III/4), without being qualified

as an AB or QMED

or endorsement is issued the

appropriate certificate or endorsement when he or she is issued an MMD,

or when the MMD is renewed or endorsed. One may be qualified to hold an

endorsement for a rating forming part of a navigation or engineering

watch, under STCW Regulation II/4 or III/4 and the corresponding

section of the STCW Code (A-II/4 or A-III/4), without being qualified

as an AB or QMED.

The Coast Guard is also proposing to allow the endorsement of an

MMD to indicate that the holder has received the familiarization or

basic safety-training required by chapter VI of STCW as amended. This

would not be mandatory, but it should be a convenience to those who

move from ship to ship, or company to company. As in the relevant parts

of Sec. 10.205, the Coast Guard would be able to approve courses which

are designed for particular ships or types of service, within the

limits allowed by STCW.

6. Medical Fitness

The Coast Guard is proposing to add a new subsection to Sec. 12.02-

17, requiring an applicant for an MMD to present documents issued by a

qualified medical practitioner attesting the applicant's medical

fitness to perform the functions for which the document is issued.

There are currently no medical-fitness requirements for entry-level

seamen.

This proposal is intended to comply with new STCW Regulation I/9 of

the 1995 Amendments, which states that ``each party shall establish

standards of medical fitness for seafarers, particularly regarding

eyesight and hearing.'' For further discussion of medical fitness,

refer to General, at page 9.

The Coast Guard invites comments on whether additional procedures

or criteria belong in the rule to regulate medical fitness of entry-

level seamen.

7. Approved Training Other Than Approved Courses

that ``each party shall establish

standards of medical fitness for seafarers, particularly regarding

eyesight and hearing.'' For further discussion of medical fitness,

refer to General, at page 9.

The Coast Guard invites comments on whether additional procedures

or criteria belong in the rule to regulate medical fitness of entry-

level seamen.

7. Approved Training Other Than Approved Courses

As discussed under Sec. 10.309, the Coast Guard is proposing an

alternative to the course-approval system, for accepting training

programs as ``approved'' to satisfy STCW as amended. The proposal in

Sec. 12.03-1 is almost identical to the proposal in Sec. 10.309 (with

necessary editorial adjustments to fit in the context of Part 12). The

conditions are intended to meet the quality-standards provisions of

STCW as amended.

8. Able Seaman

The Coast Guard is proposing to revise the able seamen

qualifications in Subpart 12.05 to conform with the requirements of the

1995 Amendments to STCW.

Section 12.05-3 would expand the reference to ``lifeboatman'' to

include everyone with ``proficiency in survival craft and rescue

boats.''

This section would also add a new subsection to require candidates

for AB certificates for service on seagoing vessels to receive approved

basic safety-training as set out in STCW Regulation VI/1 and section A-

VI/1 of the STCW Code (i.e., personal survival techniques; firefighting

and fire prevention; elementary first aid; and personal safety and

social responsibilities). As in the relevant parts of Sec. 10.205, the

Coast Guard would be able to approve courses designed for particular

ships or types of service, within the limits allowed by STCW. Also, as

in Sec. 10,209, an applicant for renewal of an MMD with an AB

endorsement would have to prove that competency was assessed within the

last 5 years, if instruction took place more than 5 years ago

onsibilities). As in the relevant parts of Sec. 10.205, the

Coast Guard would be able to approve courses designed for particular

ships or types of service, within the limits allowed by STCW. Also, as

in Sec. 10,209, an applicant for renewal of an MMD with an AB

endorsement would have to prove that competency was assessed within the

last 5 years, if instruction took place more than 5 years ago.

Section 12.05-3 would also require a candidate for an AB

certificate for service on seagoing ships of 500 GT or more to meet the

requirements of STCW Regulation II/4, and be qualified to hold an STCW

certificate or endorsement for a rating forming part of a navigational

watch. The standard of competence set out in section A-II/4 of the STCW

Code would be incorporated by reference.

The table in section A-II/4 of the STCW Code includes a number of

subjects areas (such as use of gyro compasses, change-over from auto-

pilot, maintenance of a safe watch, knowledge of EPIRBs, and avoidance

of false alerts) that are not currently required under Sec. 12.05-9

(examination and demonstration of ability). That section would refer to

the STCW table.

Also, each candidate would have to prove that he or she had a

stated minimum of seagoing service including training and experience

associated with navigational watchkeeping under the direct supervision

of the Master, the officer in charge of the navigational watch, or a

qualified rating.

The Coast Guard is also proposing to revise Sec. 12.05-11 (general

provisions respecting MMDs endorsed for able seaman) to indicate that,

on seagoing ships of 500 GT ton and more, ABs who serve in navigational

watchkeeping must hold STCW certificates or endorsements for a rating

forming part of a navigational watch and be qualified in accordance

with STCW Regulation II/4.

9. Lifeboatman

ng.

The Coast Guard is also proposing to revise Sec. 12.05-11 (general

provisions respecting MMDs endorsed for able seaman) to indicate that,

on seagoing ships of 500 GT ton and more, ABs who serve in navigational

watchkeeping must hold STCW certificates or endorsements for a rating

forming part of a navigational watch and be qualified in accordance

with STCW Regulation II/4.

9. Lifeboatman

The Coast Guard is proposing to revise the lifeboatman

qualifications in subpart 12.10 to conform with the requirements of the

1995 Amendments to STCW.

Section 12.10-3 would expand the reference to ``lifeboatman'' to

include every mariner with ``proficiency in survival craft and rescue

boats.'' This section would require candidates to (a) be at least 18

years of age and (b) have a minimum of 6 months of seagoing

service when associated with approved training.

This section would also add a new subsection to require a candidate

for a certificate for lifeboatman or survival craft to receive approved

basic safety-training as set out in STCW Regulation VI/1 and section A-

VI/1, paragraph 2, of the STCW Code (i.e. personal survival techniques;

firefighting and fire prevention; elementary first aid; and personal

safety and social responsibilities). As in the relevant parts of

Sec. 10.205, the Coast Guard would be able to approve courses designed

for particular ships or types of service, within the limits allowed by

the STCW. Also, a candidate for renewal of an MMD with a lifeboatman

endorsement would have to prove that competence was established within

the last 5 years if instruction took place more than 5 years ago.

Section 12.10-5 would incorporate by reference the standard of

competence set out in STCW Regulation VI/2 and section A-VI/2 of the

STCW Code

types of service, within the limits allowed by

the STCW. Also, a candidate for renewal of an MMD with a lifeboatman

endorsement would have to prove that competence was established within

the last 5 years if instruction took place more than 5 years ago.

Section 12.10-5 would incorporate by reference the standard of

competence set out in STCW Regulation VI/2 and section A-VI/2 of the

STCW Code. This would expand the coverage under this section to such

subjects as methods of starting survival-craft engines use of the fire

extinguisher provided method of helicopter rescue, effects of

hypothermia, use of rescue boats for persons in the sea, use of EPIRBS

and pyrotechnic distress signals, and first aid for survivors. The

Coast Guard would be able to approve courses designed for a particular

class of ship or type of service, to take into account such conditions

as small ships required only to carry liferafts. It would place an

appropriate limitation on the certificate issued on the basis of such

training.

The Coast Guard is proposing to delete Sec. 12.10-7. Individuals

qualified under STCW Regulation VI/2 must hold certificates stating

they are qualified. However, by policy, the Coast Guard proposes to

grandfather those who currently hold AB endorsements. Until August 1,

1998, it would issue to holders of MMDs with AB endorsements,

endorsements for proficiency in survival craft when they renew their

MMDs.

The Coast Guard is proposing to add a new Sec. 12.10-9 on

certificates of proficiency in fast rescue boats. This section would

incorporate by reference both the requirements of STCW Regulation VI/2,

paragraph 2, and the relevant portions of section A-VI/2 of the STCW

Code, including table A-VI/2-2. Fast rescue boats are those that can

sustain speeds of over 20 knots with crews of 3, and over 8 knots with

full complements of persons and equipment.

The Coast Guard is also proposing to add a new Sec. 12.10-11 for

those designated to provide medical care on board ship

STCW Regulation VI/2,

paragraph 2, and the relevant portions of section A-VI/2 of the STCW

Code, including table A-VI/2-2. Fast rescue boats are those that can

sustain speeds of over 20 knots with crews of 3, and over 8 knots with

full complements of persons and equipment.

The Coast Guard is also proposing to add a new Sec. 12.10-11 for

those designated to provide medical care on board ship. This section

would incorporate by reference the requirements of STCW Regulation VI/4

and those of section A-VI/4 of the STCW Code. This allows individuals

not already having to be trained in first aid under other regulations

(e.g., Sec. 10.205(h) for licenses and certificates of registry) to

acquire endorsements to provide medical care on board ship.

10. Qualified Member of the Engine Department

The Coast Guard is proposing to revise the qualifications for

qualified members of the engine department (QMEDs) in subpart 12.15 to

conform with the requirements of the 1995 Amendments to STCW.

Section 12.15-3 would get a new subsection to require candidates

for QMED certificates for service on seagoing vessels driven by main

propulsion machinery of 750 kW [1,000 hp] of propulsion power or more

to receive approved basic safety-training as set out in STCW Regulation

VI/1 and section A-VI/1 of the STCW Code (i.e., personal survival

techniques; firefighting and fire prevention; elementary first aid, and

personal safety and social responsibilities, including pollution

prevention). As in the relevant parts of Secs. 10.205 and 12.05-3, the

Coast Guard would be able to approve courses designed for particular

ships or types of service, within the limits allowed by the STCW. Also,

as in Sec. 12.05-3, an applicant for renewal of an MMD with a QMED

endorsement would have to prove that competency was assessed within the

last 5 years if instruction took place more than five years ago

the relevant parts of Secs. 10.205 and 12.05-3, the

Coast Guard would be able to approve courses designed for particular

ships or types of service, within the limits allowed by the STCW. Also,

as in Sec. 12.05-3, an applicant for renewal of an MMD with a QMED

endorsement would have to prove that competency was assessed within the

last 5 years if instruction took place more than five years ago.

Section 12.15-3 would also require candidates for QMED certificates

for service on seagoing vessels driven by main propulsion machinery of

750 kW [1,000 hp] of propulsion power or more to meet the requirements

of STCW Regulation III/4, and either be qualified to hold an STCW

certificate or endorsement for a rating forming part of a watch in a

manned engine-room or be designated to perform duties in a periodically

unmanned engine-room. The standard of competence set out in section A-

III/4 of the STCW Code would be incorporated by reference.

The table in section A-III/4 of the STCW Code includes a number of

subjects (such as engine-room watchkeeping and knowledge of escape

routes from machinery spaces) not currently covered under Sec. 12.15-9.

Section 12.15-7 would require a minimum of seagoing service

performing duties associated with engine-room watchkeeping under the

direct supervision of a qualified engineer officer or of a member of a

qualified rating.

Section 12.15-9 would refer to table A-III/4 of the STCW Code, and

would require practical demonstration of abilities.

Section 12.15-11 would indicate that, on seagoing vessels driven by

main propulsion machinery of 750 kW [1,000 hp] of propulsion power or

more, QMEDs who serve in a watchkeeping capacity in a manned engine-

room or are designated to perform duties in a periodically unmanned

engine-room must hold STCW certificates or endorsements stating that

they are qualified in accordance with STCW Regulation III/4.

11. Electronics Technician

, on seagoing vessels driven by

main propulsion machinery of 750 kW [1,000 hp] of propulsion power or

more, QMEDs who serve in a watchkeeping capacity in a manned engine-

room or are designated to perform duties in a periodically unmanned

engine-room must hold STCW certificates or endorsements stating that

they are qualified in accordance with STCW Regulation III/4.

11. Electronics Technician

The Coast Guard would establish a new rating under part 12 by

adding a section to Subpart 12.25 (Certificates of service for ratings

other than AB or QMED). New Sec. 12.25-45 would allow an individual to

hold a certificate or MMD stating that he or she is qualified to serve

as an electronics technician on board a vessel.

Section 12.25-45 would require candidates for this endorsement to

provide sufficient proof of competence. This would comprise (a) a

certificate of completion from a Coast Guard-approved training program

that includes instruction and assessment by qualified instructors and

designated examiners, and makes the student complete appropriate

examinations and practical demonstrations to establish competence in

the basic skills, knowledge, and understanding necessary to perform

maintenance, diagnosis, and repair of electronic equipment and

installations on board ships, in accordance with the manuals normally

provided for such equipment and installations and (b) a certificate of

completion from a course approved by the FCC or Coast Guard and

covering at least the scope and content of training outlines in the

relevant sections of B-IV/2 of the STCW Code relating to maintenance of

GMDSS installations on board ships.

Under Sec. 12.25-45 an individual could receive an electronic-

technician rating without completing the GMDSS course

installations and (b) a certificate of

completion from a course approved by the FCC or Coast Guard and

covering at least the scope and content of training outlines in the

relevant sections of B-IV/2 of the STCW Code relating to maintenance of

GMDSS installations on board ships.

Under Sec. 12.25-45 an individual could receive an electronic-

technician rating without completing the GMDSS course. However, in that

case, the endorsement would contain a limitation to the effect that the

individual could not serve as the person designated to perform at-sea

maintenance of GMDSS installations when such a person was necessary to

meet the maintenance requirements imposed by SOLAS Regulation IV/15

(i.e., ``electronics technician--non-GMDSS)''. When at-sea maintenance

is

to be used as a means of meeting the SOLAS requirement for maintenance

of GMDSS, the person designated to perform the maintenance must have an

electronics-technician endorsement, without the limitation. While this

proposed rule would establish an electronics-technician endorsement in

part 12, the intent is not that there be any restriction on the ability

of a licensed engineer to acquire the endorsement. The Coast Guard

solicits comments on whether Part 10 should include additional

requirements on electronics as a shipboard skill or responsibility,

particularly in light of section 365 of the Telecommunications Act of

1996 which promotes the implementation of GMDSS on U.S. vessels.

12. Qualifications for Service on Ro-Ro Passenger Ships

ility

of a licensed engineer to acquire the endorsement. The Coast Guard

solicits comments on whether Part 10 should include additional

requirements on electronics as a shipboard skill or responsibility,

particularly in light of section 365 of the Telecommunications Act of

1996 which promotes the implementation of GMDSS on U.S. vessels.

12. Qualifications for Service on Ro-Ro Passenger Ships

The Coast Guard would add a new subpart (Sec. 12.30) under part 12

to establish requirements for certification (i.e., by endorsement of an

MMD) of unlicensed seamen for service on ro-ro passenger ships. The

requirements would essentially incorporate by reference the provisions

of STCW Regulation V/2 as they relate to personnel with specific duties

on such ships, and those with duties for care of passengers. The

proposed rule would apply only to U.S. ro-ro passenger ships to which

SOLAS certificates are issued. Comments on whether application should

be expanded to other classes of ro-ro passenger ships may be submitted

to the docket.

46 CFR Part 15--Manning Requirements

The 1995 Amendments to STCW contain a number of provisions that

affect manning and watchkeeping on seagoing vessels, as well as

conditions that must be met before crewmembers can be assigned to

duties. The Coast Guard is proposing to revise part 15 to incorporate

these new requirements on U.S. merchant vessels that operate seaward of

the boundary line.

1. Incorporation by Reference (Sec. 15.105)

The Coast Guard would introduce the necessary language in

Sec. 15.105 to allow technical requirements of the 1995 Amendments to

STCW and to the STCW Code to be incorporated by reference into specific

rules in part 15.

2. Definitions (Sec. 15.301)

The Coast Guard would revise this section to reflect changes

proposed in parts 10 and 12. For example, a reference to GMDSS radio

operator, electronics technician--non-GMDSS, and electronics technician

must each be added to paragraph (b) or (c).

s of the 1995 Amendments to

STCW and to the STCW Code to be incorporated by reference into specific

rules in part 15.

2. Definitions (Sec. 15.301)

The Coast Guard would revise this section to reflect changes

proposed in parts 10 and 12. For example, a reference to GMDSS radio

operator, electronics technician--non-GMDSS, and electronics technician

must each be added to paragraph (b) or (c).

3. Employment and Service Within Restrictions of License or Document

(Sec. 15.401)

The Coast Guard would expand this section to include references to

STCW certificates and endorsements. The section would also propose

that, as of February 1, 2002, only persons with the appropriate

training and certification as GMDSS radio operators be employed or

engaged as masters, chief mates, or officers in charge of navigational

watches on ships required to participate in the GMDSS system under

SOLAS Chapter IV. Additionally, only persons trained in the use of ARPA

could be employed or engaged as masters, chief mates, officers in

charge of navigational watches, or operators of uninspected passenger

vessels on vessels fitted with ARPA. These requirements would

complement those for Secs. 10.205 and 10.209.

Section 15.401 would also, as of February 1, 2002, let only persons

holding electronic-technician endorsements not limited to non-GMDSS

electronics installations be designated to perform at-sea maintenance

of GMDSS installations, when such designation is used to meet the

maintenance requirements imposed by SOLAS Regulation IV/15. This would

complement the proposal for Sec. 12.25-45.

Section 15.401 would also allow only those with proper training

under subpart J of part 10 and Sec. 12.24-30 of part 12 to be employed

or engaged on ro-ro passenger ships.

4. Familiarization and Basic Safety-Training (Sec. 15.403)

ations, when such designation is used to meet the

maintenance requirements imposed by SOLAS Regulation IV/15. This would

complement the proposal for Sec. 12.25-45.

Section 15.401 would also allow only those with proper training

under subpart J of part 10 and Sec. 12.24-30 of part 12 to be employed

or engaged on ro-ro passenger ships.

4. Familiarization and Basic Safety-Training (Sec. 15.403)

The Coast Guard would implement STCW Regulation VI/1 of the 1995

Amendments by adding new Sec. 15.403 to Part 15 on familiarization and

basic safety-training. The section would propose that after February 1,

1997 no person may be assigned to perform any duties on a seagoing

vessel unless he or she has received approved familiarization training

in personal survival or has received sufficient information and

instruction in a number of subjects affecting personal safety, in

accordance with A-VI/1 of the STCW Code.

This section would also state that no person may be employed or

engaged in any capacity on board a seagoing vessel in the business of

that vessel as part of the crew with designated duties for safety or

pollution prevention in the operation of the ship unless he or she has

received approved basic safety-training or instruction in accordance

with A-VI/1 of the STCW Code. Designated duties for safety include

those associated with fire-team emergency squads and with assisting

passengers in emergencies.

Additionally, this section would provide that no person may perform

duties on board a seagoing vessel unless he or she has received the

required familiarization training or instruction, or has achieved the

required standard of competence through basic safety-training, as

appropriate.

Under the relevant parts of Secs. 10.205 and 12.02-11, the Coast

Guard would be able to approve training designed for particular ships

or types of service, within the limits allowed by STCW

ard a seagoing vessel unless he or she has received the

required familiarization training or instruction, or has achieved the

required standard of competence through basic safety-training, as

appropriate.

Under the relevant parts of Secs. 10.205 and 12.02-11, the Coast

Guard would be able to approve training designed for particular ships

or types of service, within the limits allowed by STCW.

One comment submitted to the docket following the public meeting in

August expressed concern about the application of these requirements of

familiarization and basic safety-training to personnel serving on

MODUs. Again, to the extent a MODU was a seagoing ship under STCW, the

implementing regulations being proposed at this time would apply to its

personnel. On the other hand, in approving specific training, the Coast

Guard will take into consideration, and use as the basis for its

evaluation, any IMO resolutions that provide special guidance on the

training of personnel on MODUs.

5. Maintenance of Seamen's Records by Owner or Operator (Sec. 15.411)

STCW Regulation I/14 of the 1995 Amendments requires

Administrations to impose certain responsibilities on companies that

own or operate seagoing vessels. These responsibilities are fundamental

to good management, are consistent with the principles reflected in the

International Management Code for Safe Operation of Ships (ISM Code),

and are to a large extent already covered by domestic regulations.

For example, the obligation under item 1.1 of STCW Regulation I/14,

concerning the need to ensure that each seafarer holds the appropriate

STCW certificate, is addressed by 46 CFR 15.401. The obligation in item

1.2 of STCW Regulation I/14, concerning compliance with manning

requirements, is addressed by 46 CFR 15.401 and 15.515, and to some

extent by 46 CFR 15.801, with statutory support (e.g., 46 U.S.C. 8101

bligation under item 1.1 of STCW Regulation I/14,

concerning the need to ensure that each seafarer holds the appropriate

STCW certificate, is addressed by 46 CFR 15.401. The obligation in item

1.2 of STCW Regulation I/14, concerning compliance with manning

requirements, is addressed by 46 CFR 15.401 and 15.515, and to some

extent by 46 CFR 15.801, with statutory support (e.g., 46 U.S.C. 8101

(c) and (f) and 8104(j)). Similarly, the object of item 1.4 of STCW

Regulation I/14, ensuring that seafarers are familiar with ship-

specific arrangements, equipment, and so forth, before being assigned

to duties, is already addressed in 46 CFR 15.405.

But, because Sec. 15.405 does not explicitly require companies to

ensure

that a level of familiarity has been achieved, the Coast Guard is

inviting comment on whether it should be revised. If so, the Coast

Guard also invites comments on whether the term company (or,

alternatively, the term owner or operator) should be defined in Part

15. The Coast Guard also invites comments on how Sec. 15.405 should be

revised to effectively implement paragraph 2 of section A.I/14 of the

STCW code, which states the following:

The company shall provide written instructions to the master of

each ship to which the Convention applies, setting forth the

policies and the procedures to be followed to ensure that all

seafarers who are newly employed on board the ship are given a

reasonable opportunity to become familiar with the shipboard

equipment, operating procedures and other arrangements needed for

the proper performance of their duties, before being assigned to

those duties.

f

each ship to which the Convention applies, setting forth the

policies and the procedures to be followed to ensure that all

seafarers who are newly employed on board the ship are given a

reasonable opportunity to become familiar with the shipboard

equipment, operating procedures and other arrangements needed for

the proper performance of their duties, before being assigned to

those duties.

To some extent, the requirements for maintaining certain records,

as set out in item 1.3 of STCW Regulation I/14, are already addressed

by statutory and regulatory provisions on shipping articles and other

records of seamen (e.g., 46 U.S.C. 10302, 10320, and 10502 and 46 CFR

part 14). Additionally, it is considered routine practice for U.S.

companies that employ seaman to maintain a personnel record for each

employee, or to ensure that one is maintained by an agency acting on

behalf of the company in such matters (such as a labor union that has

entered into a collective-bargaining agreement).

Taking the above into account, the rule proposed as Sec. 15.411

focuses on the recordkeeping requirements in STCW Regulation I/14 of

the 1995 Amendments. The object is to allow companies a suitable range

of flexibility for complying with these requirements in a manner most

consistent with good management. Furthermore, the policy of the Coast

Guard will be to presume, in the absence of information to the

contrary, that companies holding valid ISM certificates, issued in

accordance with the appropriate international, and domestic

regulations, are fulfilling their obligations under STCW Regulation I/

14.

One comment submitted in response to the notice published on August

2, 1995 [60 FR 39306], asked that the requirements of item 1.4 of STCW

Regulation I/14 (on familiarization with specific equipment and

procedures) not be extended to apply to duties of industrial personnel

on industrial vessels (e.g., MODUs) or research crew on research

vessels

their obligations under STCW Regulation I/

14.

One comment submitted in response to the notice published on August

2, 1995 [60 FR 39306], asked that the requirements of item 1.4 of STCW

Regulation I/14 (on familiarization with specific equipment and

procedures) not be extended to apply to duties of industrial personnel

on industrial vessels (e.g., MODUs) or research crew on research

vessels. The Coast Guard would not expect this proposed rule to impose

an unreasonable obligation on companies that employ such personnel.

However, in keeping with earlier statements in this preamble, the Coast

Guard recognizes that IMO will be giving further consideration to

issues of industrial personnel. Therefore, the proposals relating to

paragraph 1.4 of STCW Regulation 1/14 should be understood not to apply

to industrial personnel on MODUs or research personnel on research

vessels. Such personnel, however, would be subject to the

familiarization and basis safety training requirements, of STCW

Regulation VI/I, as described in section 4.

6. Watchkeeping Arrangements

The Coast Guard is proposing to revise Sec. 15.705 (Watches) by

requiring masters on seagoing vessels to observe the principles on

watchkeeping arrangements set out in STCW Regulation VIII/2 of the 1995

Amendments.

7. Workhours and Rest Periods

The Coast Guard is proposing to implement the rest-hour

requirements of STCW Regulation VIII/1 of the 1995 Amendments, and of

section A-VIII/1 of the STCW Code, by adding new subparagraphs to

Sec. 15.710. Essentially, the STCW Amendments will require that every

person assigned duty as an officer in charge of a watch or as a rating

forming part of a watch shall receive a minimum of 10 hours of rest in

any 24-hour period. These 10 hours of rest may be divided into two

parts as long as one segment is at least 6 hours

section A-VIII/1 of the STCW Code, by adding new subparagraphs to

Sec. 15.710. Essentially, the STCW Amendments will require that every

person assigned duty as an officer in charge of a watch or as a rating

forming part of a watch shall receive a minimum of 10 hours of rest in

any 24-hour period. These 10 hours of rest may be divided into two

parts as long as one segment is at least 6 hours.

Deviation from the requirement for 10 total and 6 continuous hours

of rest is permissible in the case of ``an emergency or drill or in

other overriding operational conditions.'' Additionally, the 10 hours

of rest in a 24-hour period may drop to 6 consecutive hours in a 24-

hour period over 2 days, as long as the watch-keeper receives 70 hours

of rest in each 7-day period. Watch schedules that ensure compliance

with these rest-hour requirements must be posted when they are easily

accessible to watchkeeping personnel and to port-control officers in

foreign ports.

Section B-VIII/1 of the STCW Code provides some guidance on the

meaning of the terms used in section A-VIII/1, and on the correct

interpretation of the rest-hour requirements when calculating workhours

outside of the periods of watchkeeping responsibility. For instance, it

construes the phrase ``overriding operational conditions'' to mean

``only essential shipboard work which cannot be delayed for safety or

environmental reasons or which could not reasonably have been

anticipated at the commencement of the voyage.''

The guidance in section B-VIII/1 of the STCW Code also states that

the minimum rest periods should not be interpreted as implying that all

other hours may be devoted to watchkeeping or other duties. It also

invites administrations to consider a requirement for recordkeeping to

ensure compliance with that for hours of the rest

sonably have been

anticipated at the commencement of the voyage.''

The guidance in section B-VIII/1 of the STCW Code also states that

the minimum rest periods should not be interpreted as implying that all

other hours may be devoted to watchkeeping or other duties. It also

invites administrations to consider a requirement for recordkeeping to

ensure compliance with that for hours of the rest.

One comment submitted in response to the notice published on August

2, 1995 [60 FR 39306], expressed concern that an individual serving in

a two-watch rotation on a towing vessel would be considered unfit for

duty if he or she got only 5 hours of sleep in one 6-hour off-duty

period, and 2 hours of sleep in the next off-duty period. The Coast

Guard does not view the rest-hour requirements of STCW as mandating a

period in which the individual concerned is actually in his or her bunk

asleep. However, over any period of 24 hours, the watchkeeping

personnel must be provided the opportunity for an uninterrupted period

of rest for at least 6 hours, and an additional 4-hour period during

which no duties are assigned or performed. The operative word is

``opportunity''. This would not prevent a person from attending to

routine personal affairs, or engaging in recreational or other off-duty

activities.

Another comment submitted on this matter suggested that the rest-

hour requirements of STCW could have an adverse impact on the operation

of towing vessels and small passenger vessels because it would permit a

14-hour workday or a 98-hour workweek, in violation of U.S. statutory

and regulatory provisions that limit the number of hours a seaman may

be required to work.

Note, however, that the introduction of a rest-hour requirement

into U.S. regulations would not change any existing work-hour limits or

rest-hour requirements that apply to personnel on U.S. vessels. Limits

that apply to seagoing ships under 46 U.S.C. 8104 and 46 CFR 15.705 and

15.710 would remain fully in effect

ory provisions that limit the number of hours a seaman may

be required to work.

Note, however, that the introduction of a rest-hour requirement

into U.S. regulations would not change any existing work-hour limits or

rest-hour requirements that apply to personnel on U.S. vessels. Limits

that apply to seagoing ships under 46 U.S.C. 8104 and 46 CFR 15.705 and

15.710 would remain fully in effect. Additionally, operators of towing

vessels and tankers already have to comply with both the work-hour

limits under 46 U.S.C. 8104(h) and 8104(n), respectively, and the rest-

hour requirements under STCW and 46 U.S.C. 8104(a).

In any specific set of circumstances, the stricter rule would

apply. For example, although the rest-hour requirements proposed here

would technically permit the operator of a seagoing towing vessel to

stand watch for up to 14 hours a day, 46 U.S.C. 8104(h) would limit the

operator to no more than 12 hours in a 24-hour period.

Similarly, although 46 U.S.C. 8104(n) technically permits a mate on a

tanker to work up to 15 hours in a 24-hour period, the rest-hour

requirements proposed here would limit his or her periods of duty to

not more than 14 hours in that same 24-hour period, unless there were

an emergency or other overriding operational condition; and then an

adjustment would subsequently be necessary to ensure that the mate

received 70 hours of rest in 7 days.

Although calculating work and rest may be complex under some non-

routine circumstances, the Coast Guard considers the STCW rest-hour

requirements of STCW and the existing work-hour limits in U.S. statutes

and regulations to be compatible and enforceable, and in keeping with

the object of safe watchkeeping.

Further comment to the docket is welcome, on the implementation of

the rest-hour requirement, and particularly on the extent to which the

terms rest hours and overriding operational conditions should be

clarified or interpreted either in this proposed rule itself or in the

policy on its enforcement

lations to be compatible and enforceable, and in keeping with

the object of safe watchkeeping.

Further comment to the docket is welcome, on the implementation of

the rest-hour requirement, and particularly on the extent to which the

terms rest hours and overriding operational conditions should be

clarified or interpreted either in this proposed rule itself or in the

policy on its enforcement. Comment is also welcome on the kinds of

shipboard activity (such as personal housekeeping) that should be

allowed to watchkeeping personnel who are off duty and on the need for

recordkeeping to ensure compliance with the rest-hour requirements.

Incorporation by Reference

The following material would be incorporated by reference in

Secs. 10.102, 12.01-3, and 15.105: Amendments to the Annex to the

International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978, and the associated Seafarers'

Training, Certification and Watchkeeping (STCW) Code, as adopted under

resolutions 1 and 2, respectively, by the Conference of Parties to the

International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978, held at IMO from June 26 to July 7,

1995.

Copies of the material are available for inspection where indicated

under ADDRESSES. Copies of the material are also available from IMO, 4

Albert Embankment, London, SE1 7SR, England, telephone in London 0171-

735-7611.

Before publishing a final rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

Regulatory Evaluation

the material are available for inspection where indicated

under ADDRESSES. Copies of the material are also available from IMO, 4

Albert Embankment, London, SE1 7SR, England, telephone in London 0171-

735-7611.

Before publishing a final rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

Regulatory Evaluation

This proposed 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 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 preliminary regulatory assessment has been prepared and is

available for inspection where indicated under ADDRESSES.

The regulatory assessment is preliminary at this stage. The Coast

Guard published a notice of inquiry on November 13, 1995 [60 FR 56970],

to solicit information that would be useful in calculating the costs

and benefits of implementing the 1995 Amendments to STCW. Some of those

calling the Coast Guard to discuss the notice said they could not give

a detailed or accurate assessment of impacts until they had seen the

specific proposals. Others indicated they did not foresee a cost impact

since they felt that their current practices and procedures generally

conformed with the requirements of the amendments to STCW.

To a great extent, the STCW revisions are introducing, as

requirements, practices already successfully promoted through the

current U.S. regulations (e.g., use of approved training, and the use

of simulators in training as predicates of remission of seagoing

service). In most cases, the new requirements would involve

modification or enhancement of existing training and oversight rather

than establishment of new programs

evisions are introducing, as

requirements, practices already successfully promoted through the

current U.S. regulations (e.g., use of approved training, and the use

of simulators in training as predicates of remission of seagoing

service). In most cases, the new requirements would involve

modification or enhancement of existing training and oversight rather

than establishment of new programs.

The Coast Guard estimates that the proposal will affect

approximately 19,500 seafarers over a 5-year period. The estimated

composition of this group is 10,335 deck and other officers, 1,755

engineering officers, 3,900 able seamen, and 3,510 qualified members of

the engineering department.

The approximate vessel population that operate outside the boundary

line and may be affected by the proposed regulation are 136 MODUs; 95

industrial vessels; 271 freight ships; 103 oil recovery vessels; 696

offshore supply vessels; 20 passenger vessels; 2,112 small passenger

vessels; 14 research vessels; 14 maritime school ships; 162 tank ships;

15 towboats and tugboats; 462 tank barges; 3 ferries; and 486 freight

barges.

Costs

The Coast Guard estimates that costs fall into the following

categories: medical fitness, training costs, training infrastructure

costs, company and/or owner/operator costs, and government costs.

The Coast Guard estimates that approximately 12,000 seafarers apply

for MMDs annually. Approximate costs of $1,900,000 annually are

estimated for mariners certifying their medical fitness when applying

for an MMD.

Deck, radio, and other officers will be required to demonstrate

competency and knowledge in a combination of courses including GMDSS,

ARPA, Personal Survival, Personal Safety and Social Responsibility, and

Bridge Teamwork

ly 12,000 seafarers apply

for MMDs annually. Approximate costs of $1,900,000 annually are

estimated for mariners certifying their medical fitness when applying

for an MMD.

Deck, radio, and other officers will be required to demonstrate

competency and knowledge in a combination of courses including GMDSS,

ARPA, Personal Survival, Personal Safety and Social Responsibility, and

Bridge Teamwork. The Coast Guard estimates that as many as 4,091

officers may be affected annually while the proposed regulation has a

high level of flexibility built into it for mariners, the Coast Guard

has assumed that mariners will attend formal, classroom courses to

comply with the requirements. Annual training costs for deck, radio,

and other officers are estimated at $21,804,580.

Engineering officers will be required to demonstrate competence and

knowledge in a combination of courses including Personal Survival,

Personal Safety and Social Responsibility, and Electronic and Control

Engineering. The Coast Guard estimates that as many as 645 engineering

officers may be affected annually. Annual training costs for

engineering officers are estimated at $3,247,575.

ABs will be required to demonstrate competence and knowledge in a

combination of courses including Personal Survival, Personal Safety and

Social Responsibility, Shipboard Orientation, Firefighting and Fire

Prevention, and estimates that as many as 1,369 ABs may be affected

annually. Annual training costs for ABs are estimated at $11,568,050.

QMEDs will be required to demonstrate competence and knowledge in a

combination of courses including Personal Survival, Personal Safety and

Social Responsibility, Shipboard Orientation, and Firefighting and Fire

Prevention. The Coast Guard estimates that as many as 1,253 QMEDs may

be affected annually. Annual training costs for QMEDs are estimated at

$7,580,650.

Ro/Ro personnel will be required to attend specialized training

including crowd management, passenger safety, cargo safety, and hull

integrity

ival, Personal Safety and

Social Responsibility, Shipboard Orientation, and Firefighting and Fire

Prevention. The Coast Guard estimates that as many as 1,253 QMEDs may

be affected annually. Annual training costs for QMEDs are estimated at

$7,580,650.

Ro/Ro personnel will be required to attend specialized training

including crowd management, passenger safety, cargo safety, and hull

integrity. The Coast Guard estimates that this may affect 225 Seafarers

every 5 years. Estimated annual cost is $67,500.

The Coast Guard has estimated a new electronics technician rating

for vessels equipped with GMDSS. Electronic technicians will be

required to demonstrate competence and knowledge to perform

maintenance,

diagnosis and repair of electronic equipment and installations. The

Coast Guard estimates that this may affect 1,128 Seafarers. The Coast

Guard has estimated this as a one-time cost of $6,204,000.

The Coast Guard has determined that training infrastructure costs

include QSS, Approved Instructor, Designated Examiner, Capital

Investments, and Course Development.

For QSS, the Coast Guard estimates that 100 training institutions

may be affected at an initial cost of $7,500, $1,000 annual maintenance

costs, and an independent evaluation estimated at $5,000. Total cost is

estimated at $1,750,000.

For Approved Instructors, the Coast Guard estimates that 1,500

instructors at 100 training institutions may be affected. Annual

approved instructor costs are estimated at $1,500,000.

For Designated Examiners, the Coast Guard estimates each will be

required to provide 20 hours of service. Annual designated examiner

costs are estimated at $3,900,000 for 1997 through 2001 and $780,000

for 2002 through 2003.

The Coast Guard has determined that there are likely to be some

GMDSS and ARPA Capital Investments necessary by training institutions

to accommodate the anticipated annual through-put of deck and other

officers. A one-time cost of $3,160,000 is estimated

20 hours of service. Annual designated examiner

costs are estimated at $3,900,000 for 1997 through 2001 and $780,000

for 2002 through 2003.

The Coast Guard has determined that there are likely to be some

GMDSS and ARPA Capital Investments necessary by training institutions

to accommodate the anticipated annual through-put of deck and other

officers. A one-time cost of $3,160,000 is estimated.

The Coast Guard has determined that there are likely to be some

course-development costs associated with the proposed rulemaking. A

one-time cost of $889,000 is estimated.

The Coast Guard has determined that costs for companies and for

owners and operators are likely to include those associated with rest-

hour and recordkeeping requirements.

The Coast Guard has determined that rest-hour requirements are

likely to affect 83 vessels annually. Crew augmentation costs for these

vessels is estimated at $2,120,650 annually.

The Coast Guard has determined that records on Seafarer training

and competence, medical fitness, and rest hour requirements will be

required. The Coast Guard estimates that this will likely affect 19,500

seafarers annually at an estimated cost of $1,462,500.

The Coast Guard does not anticipate any additional costs in

implementing the regulation at this time.

Total Costs

Costs of the proposal are forecast to 2003. The Coast Guard

estimates that these requirements will be fully integrated into the

marine infrastructure by 2003 and, thus, a regular part of doing

business. Costs are estimated at $45,789,021 in 1997, $36,218,521 in

1998, $35,568,521 in 1999 through 2001, $12,767,724 in 2002, and

$13,200,224 in 2003. The present value of the costs of this proposed

regulation discounted at 7 percent to 1997 would total $172,685,673.

Benefits

e requirements will be fully integrated into the

marine infrastructure by 2003 and, thus, a regular part of doing

business. Costs are estimated at $45,789,021 in 1997, $36,218,521 in

1998, $35,568,521 in 1999 through 2001, $12,767,724 in 2002, and

$13,200,224 in 2003. The present value of the costs of this proposed

regulation discounted at 7 percent to 1997 would total $172,685,673.

Benefits

The Coast Guard has determined that the proposed rule has potential

economic benefits and a potential to reduce marine casualties.

Economics play a significant role in safety. While the U.S.

commercial fleet has long been among the safest in the world,

differences between U.S. standards and those of other maritime nations

put our vessels at a competitive disadvantage. Responsible operators

can be forced to operate with lower profit margins and less capital to

invest in safe operations, and in some cases forced out of the market

entirely. More aggressively holding all ships to the same standards set

for U.S. ships is key to shifting the balance. This proposal would

allow the U.S. to hold mariners aboard all vessels entering its ports

to the same competency standards which the U.S. holds its own vessels,

without foreign retaliation. Consequently, U.S. vessels visiting

foreign ports would not be faced with increased scrutiny that could

result in costly vessel delays. Such delays would otherwise likely

decrease the value of trade carried in U.S. bottoms. Conversely, under

this proposal, the U.S. could expect to increase its market share of

cargo carried which could result from the more even competitive playing

field accorded U.S. and foreign fleets because of this proposal.

Appendix F provides a summary of the value of U.S. international trade

and ocean trade worldwide.

U.S. ships only carry about 8 percent of the value of U.S. export

trade and 7 percent of the value of U.S. import trade. If, as a result

of complying with international standards proposed in this rulemaking,

U.S

ompetitive playing

field accorded U.S. and foreign fleets because of this proposal.

Appendix F provides a summary of the value of U.S. international trade

and ocean trade worldwide.

U.S. ships only carry about 8 percent of the value of U.S. export

trade and 7 percent of the value of U.S. import trade. If, as a result

of complying with international standards proposed in this rulemaking,

U.S. vessels gain one tenth of one percent of the value of U.S.

international trade in any given year of implementation (approximately

$56,000,000), the annual benefits will outweigh the costs.

On average, there were 29 fatalities and 76 injuries annually as a

result of errors that potentially could be linked to training

deficiencies. The training required by this proposal has the potential

to significantly decrease the number of fatalities and injuries in

maritime transportation. Based on the $27,700,000 value of a human

life, if this proposal causes a reduction in the number of fatalities

by 17 in 1997, 13 in 1998-2001, and 55 in 2002-2003, the benefits will

exceed the costs.

The complex cumulative effect of human error makes it difficult to

quantify the exact benefits of the proposed rulemaking. One way to

reduce the risks associated with human error in operating seagoing

ships is to ensure that seafarers maintain the highest practicable

standards of training, certification, and competence. The proposal is

intended to reduce the risk of maritime casualties and pollution

incidents caused by human error. Benefits are expected to accrue from a

reduction of shipboard accidents and injuries because personnel will

have an increased awareness of safe shipboard practices. As the Coast

Guard reviews comments resulting from the proposal and formulates a

final rule, further review of benefits based on risk is anticipated.

Small Entities

ritime casualties and pollution

incidents caused by human error. Benefits are expected to accrue from a

reduction of shipboard accidents and injuries because personnel will

have an increased awareness of safe shipboard practices. As the Coast

Guard reviews comments resulting from the proposal and formulates a

final rule, further review of benefits based on risk is anticipated.

Small Entities

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

Coast Guard must consider whether this proposal, if adopted, would have

a significant economic impact on a substantial number of small

entities. ``Small entities'' may include independently owned and

operated small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under Section 3 of the

Small Business Act (15 U.S.C. 632). ``Small entities'' also include

small not-for-profit organizations and small governmental

jurisdictions.

The proposed rule has built in sufficient flexibility and options

to allow small entities to comply with its proposed requirements at

modest cost. For the most part, it is expected to affect only large

business enterprises and individuals mariners. There is no requirement

that one entity perform all the STCW training and assessment

requirements that are being proposed.

Those small entities engaged in training may choose to obtain

assessment from individual qualified assessors who may also be

organized as small entities. The Coast Guard does not limit the

arrangements as to who may offer instruction or assessment. Any

combination may be used by a mariner to achieve the desired

qualifications licenses, or certificates.

The proposed rule applies to individual mariners and allows for

small entities to remain in and actively compete in the maritime-

training sector of the maritime industry with options to teach and

assess as many courses or functions as any entity chooses. The proposal

covers requirements that

combination may be used by a mariner to achieve the desired

qualifications licenses, or certificates.

The proposed rule applies to individual mariners and allows for

small entities to remain in and actively compete in the maritime-

training sector of the maritime industry with options to teach and

assess as many courses or functions as any entity chooses. The proposal

covers requirements that

would not begin to go into effect until early 1997, through the phase-

in period.

Because of these accommodations and characteristics, the Coast

Guard certifies under 5. U.S.C. 605(b) that this proposal will not have

a significant economic impact on a substantial number of small

entities.

Collection of Information

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

Office of Management and Budget (OMB) reviews each proposed rule that

contains a collection-of-information requirement to determine whether

the practical value of the information is worth the burden imposed by

its collection. Collection-of-information requirements include

reporting, recordkeeping, notification, and other, similar

requirements.

This proposal contains collection-of-information requirements in

the following sections: 10.304 (training and assessment-record books);

10.309 and 12.03-1 (approved training); and 15.411 (maintenance of

seamen's records by owner or operator). The following particulars

apply:

Training conducted on board ships, when part of an approved program

based on 1 year of seagoing service for deck licenses (6 months for

engineer licenses), would have to make use of a training- and

assessment-record book to document that required training and

assessment of competency has been completed properly. The books would

be submitted to the Coast Guard as part of an application for a

license.

The QSS that would monitor training and assessment to ensure that

they were meeting objectives would compel organizations offering

training to document certain information and to maintain records for 1

year

book to document that required training and

assessment of competency has been completed properly. The books would

be submitted to the Coast Guard as part of an application for a

license.

The QSS that would monitor training and assessment to ensure that

they were meeting objectives would compel organizations offering

training to document certain information and to maintain records for 1

year. The records would cover such matters as the course syllabus,

students performance, and the qualifications of instructors and

examiners. Additionally, an independent evaluation would need to be

documented periodically. Records would be subject to review by the

Coast Guard in its oversight function to ensure that training and

assessment satisfy minimum conditions.

The proposed rule would allow for wide variation in the means for

complying with new requirements to ensure that the scope of the QSS is

reasonably related to the scope of training and assessment conducted by

the entity concerned.

Companies owning or operating U.S.-documented seagoing vessels

would have to arrange for the maintenance of certain records concerning

the medical fitness, experience, training, and competence, of the

seamen employed or engaged on their ships. The records could be

maintained by a third party on behalf of the company, but they would

need to be readily accessible to those in management responsible for

the safety of vessel operations and the prevention of marine pollution.

The recordkeeping requirement would be in effect only during the period

of service of the seaman concerned.

The proposed rest-hour schedule would require documentation

necessary for the safe operation of the vessel. This would ensure that

the crew was informed of rest-hour requirements.

The proposed recordkeeping generally reflects routine practices for

U.S. ship-operating companies and training institutions. However, the

international rules in STCW were drafted to apply to companies and

training programs worldwide

hour schedule would require documentation

necessary for the safe operation of the vessel. This would ensure that

the crew was informed of rest-hour requirements.

The proposed recordkeeping generally reflects routine practices for

U.S. ship-operating companies and training institutions. However, the

international rules in STCW were drafted to apply to companies and

training programs worldwide. In due course, by its obligation under

STCW as amended, the United States must demonstrate to the IMO that it

has in place certain specific regulations that implement the

international rules.

Dot No: 2115.

Administration: U.S. Coast Guard.

Title: Implementation of the 1995 Amendments to the International

Convention on Standards of Training, Certification and Watchkeeping for

Seafarers, 1978 (STCW).

Need for Information: To ensure compliance with international

requirements, and to maintain an acceptable level of quality in the

training and assessment of merchant mariners.

Proposed use of Information: The Coast Guard would have access to

information to monitor compliance with regulations and to identify

where corrective action may be needed. Coast Guard officials involved

in issuing licenses, documents, and STCW certificates would have a

reliable source for determining whether training and assessment had

been completed by candidates in accordance with domestic and

international rules.

Frequency of Response: Under this proposed rule, records would have

to be maintained for 1 year. In one case a certification of continued

compliance would have to be provided to the Coast Guard once a year.

Burden Estimate: 40,215 hours.

Respondents: 28,645.

Form(s): N/A.

Average Burden-Hours per Respondent: 1.4 hours.

The Coast Guard has submitted the requirements to OMB for review

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

comments on the requirements should submit their comments both to OMB

and to the Coast Guard where indicated under ADDRESSES.

Federalism

year.

Burden Estimate: 40,215 hours.

Respondents: 28,645.

Form(s): N/A.

Average Burden-Hours per Respondent: 1.4 hours.

The Coast Guard has submitted the requirements to OMB for review

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

comments on the requirements should submit their comments both to OMB

and to the Coast Guard where indicated under ADDRESSES.

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

This rulemaking should not have a direct impact on State, local, or

tribal governments. However, States that operate or charter maritime-

training institutions would have to bring the relevant training

programs into line with the new requirements. For the most part, the

existing State-sponsored maritime-training institutions have programs

that would need little adjustment to meet the new requirements. And the

accreditation process for these institutions should satisfy the new

quality-assurance provisions.

Environment

The Coast Guard considered the environmental impact of this

proposed rule proposal and concluded that, under paragraph

2.B.2.e(34)(C) of Commandant Instruction M16475.1B, this rulemaking is

categorically excluded from further environmental documentation.

This rulemaking would have no direct environmental impact. The

implementation of the 1995 Amendments to STCW should reduce the risk

that human error will result in a maritime casualty or pollution

incident by ensuring that seafarers on seagoing ships are meeting the

highest practicable standards of competence. However, there are few

objective criteria for quantifying the reduction in this risk. A

``Categorical Exclusion Determination'' is available in the docket for

inspection or copying where indicated under addresses.

List of Subjects

46 CFR Part 10

a maritime casualty or pollution

incident by ensuring that seafarers on seagoing ships are meeting the

highest practicable standards of competence. However, there are few

objective criteria for quantifying the reduction in this risk. A

``Categorical Exclusion Determination'' is available in the docket for

inspection or copying where indicated under addresses.

List of Subjects

46 CFR Part 10

Fees, Marine safety, Incorporation by reference, Reporting and

recordkeeping requirements, Schools, Seamen, Vessels.

46 CFR Part 12

Fees, Marine safety, Incorporation by reference, Reporting and

recordkeeping requirements, Schools, Seamen, Vessels.

46 CFR Part 15

Marine safety, Navigation (water), Incorporation by reference,

Reporting and recordkeeping requirements,

Schools, Seamen, Vessel manning, Vessels.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 46 CFR parts 10, 12, and 15 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

1. the authority citation for part 10 continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 7101, 7106, 7107; 49

CFR 1.45, 1.46; Sec. 10.107 also issued under the authority of 44

U.S.C. 3507.

2. Section 10.101 is amended by revising paragraphs (a) and (c) to

read as follows:

Sec. 10.101 Purpose of regulations.

(a) The purpose of the regulations in this part are to provide--

(1) A comprehensive means of determining the qualifications an

applicant must possess to be eligible for a license as deck officer,

engineer, pilot, radio officer, or radio operator on merchant vessels,

or for a license to operate uninspected towing vessels or uninspected

passenger vessels, or for a certificate of registry as staff officer;

and

f the regulations in this part are to provide--

(1) A comprehensive means of determining the qualifications an

applicant must possess to be eligible for a license as deck officer,

engineer, pilot, radio officer, or radio operator on merchant vessels,

or for a license to operate uninspected towing vessels or uninspected

passenger vessels, or for a certificate of registry as staff officer;

and

(2) A means of determining that an applicant is competent to serve

as a master, chief mate, officer in charge of a navigational watch,

chief engineer officer, second engineer officer, officer in charge of

an engineering watch, designated duty engineer, or radio operator, in

accordance with the provisions of the International Convention on

Standards of Training, Certification and Watchkeeping for Seafarers,

1978, as amended (STCW), and to receive the appropriate certificate or

endorsement as required by STCW.

* * * * *

(c) The regulations in subpart C of this part prescribe the

requirements applicable to--

(1) Each approved training course if the training course is to be

acceptable as a partial substitute for service or for a required

examination, or as training required for a particular license or

license endorsement; and

(2) All training and assessment associated with meeting the

standards of competence established by STCW.

3. Section 10.102 is added to read as follows:

Sec. 10.102 Incorporation by reference.

training course if the training course is to be

acceptable as a partial substitute for service or for a required

examination, or as training required for a particular license or

license endorsement; and

(2) All training and assessment associated with meeting the

standards of competence established by STCW.

3. Section 10.102 is added to read as follows:

Sec. 10.102 Incorporation by reference.

(a) Certain material is incorporated by reference into this part

with the approval of the Director of the Federal Register under 5

U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that

specified in paragraph (b) of this section, the Coast Guard must

publi

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