# 61 FR 13284: Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_96-7019 ## Section - **Citation:** 61 FR 13284 - **Heading:** Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 61 / 61 FR 13284 ## Text Part VII Department of Transportation _______________________________________________________________________ Coast Guard _______________________________________________________________________ 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. ----------------------------------------------------------------------- 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 [Text truncated at 120,000 characters. 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Check the current official text before relying on it. Not legal advice.