[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23512]


[[Page Unknown]]

[Federal Register: September 23, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 30

[CGD 94-069]

 

Manning, Training, Qualifications, and Watchkeeping Standards for 
Foreign Tank Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of public meeting.

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SUMMARY: The Coast Guard is scheduling a public meeting to discuss 
implementation of Section 4106 of the Oil Pollution Act of 1990 (OPA 
90). This section requires the Secretary of the department in which the 
Coast Guard is operating to evaluate the licensing, certification, 
manning, training, qualification, and watchkeeping standards of foreign 
flag tank vessels that operate in U.S. navigable waters or lighter in 
any port or place subject to U.S. jurisdiction. The Coast Guard will 
hold the meeting to give the public an opportunity to comment on, and 
provide input to, the development of this evaluation process.

DATES: The public meeting will be held from 9 a.m. until 4:30 p.m. on 
October 19, 1994. Written comments must be received by November 19, 
1994.

ADDRESSES: The public meeting will be held in room 2415, Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001
    Persons who are unable to attend the public meeting may mail 
written comments to the executive Secretary, Marine Safety Council (G-
LRA/3406) (CGD 94-069), U.S. Coast Guard Headquarters, 2100 Second 
Street SW., Washington, DC 20593-0001, or deliver them to room 3406 at 
the same address between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. Persons submitting written comments should 
include their names and addresses, identify this notice (CGD 94-069) 
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 a stamped, self-
addressed postcard or envelope.

FOR FURTHER INFORMATION CONTACT: Marcia Landman, Project Manager, Oil 
Pollution Act (OPA 90) Staff, (G-MS-A), (202) 267-6770. This number is 
equipped to record messages on a 24-hour basis. Anyone wishing to make 
a presentation is requested to call this number and give the following 
information: docket number (CGD 94-069); name; company or 
organizational affiliation (if any); and the estimated amount of time 
needed for the comment.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this Notice are Marcia 
Landman, Project Manager, and Mary-Jo Cooney, Project Counsel, OPA 90 
Staff, (G-MS-A).

Background and Discussion

    Section 4106 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 
101-380) directs the Secretary of Transportation (Secretary) to 
evaluate the manning, training, certification, and watchkeeping 
standards of foreign tank vessels on a periodic basis and when a vessel 
is involved in certain marine casualties. If the Secretary finds that 
the vessel's flag state either does not have, or fails to enforce, 
standards for licensing and certification of seaman which are at least 
equivalent to United States law or international standards accepted by 
the United States (45 U.S.C. 9101(a)(3)), the Secretary is directed to 
prohibit the vessel's entry into U.S. waters subject to certain 
exceptions which appear in the statute.
    The Coast Guard is considering a plan to amend 45 CFR Part 30 to 
reflect the use of the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers of 1978, (STCW) 
as the appropriate standard for evaluating competencies of seafarers 
manning tank vessels certificated by foreign states. Vessels flagged in 
countries which are signatories to STCW would be evaluated based on 
that Convention. The Coast Guard would accept a certificate issued 
under that convention as evidence that the holder is in compliance with 
STCW. The proposal would also establish a presumption that flag states 
which are signatories to STCW meet or exceed STCW standards of 
training, qualification and watchkeeping.
    This presumption could be rebutted by showing factors such as--
    (1) Evidence that several casualties involving vessels flying the 
flag of that state were related to human factors;
    (2) A pattern of STCW deficiencies identified during U.S. port 
calls, or documented in an international data exchange (based on port 
calls in other countries);
    (3) A pattern of cases indicating that ships flying the flag of 
that state lacked a safe manning document;
    (4) Evidence that crews on ships flying the flag of that state have 
failed to demonstrate proper performance of operations during port 
state control inspections;
    (5) Lack of convincing evidence as to the familiarity of the 
seafarers with the ship's characteristics as may be appropriate to 
their assigned duties in performing duties as a member of a 
navigational watch or during emergency drills; or
    (6) Evidence that the vessel is crewed by seafarers with 
certificates issued of a state other than the flag state and which are 
not endorsed by the flag state. On the basis of a review triggered by 
the above events, a previous equivalency determination could be 
suspended or revoked.
    According to Article X.5 of the STCW, ships flagged in non-STCW 
signatory countries may not be treated more favorably than ships flying 
the flag of STCW signatories.
    For tank vessels flagged in non-signatory countries, the Coast 
Guard would propose using U.S. law as the standard to assess whether 
the flag state's licensing, certification and training standards meet 
the equivalency and enforcement tests. The regulation would specify the 
documentation (in English) which a flag state, or a vessel's owner or 
operator, must provide so that the Coast Guard could determine whether 
a vessel meets the requirements. The regulations would also require 
submission of the information to the Coast Guard in advance of the 
vessel's arrival. In this way, the vessel's owner or operator would 
know if the vessel would be allowed to enter port. In some cases 
provisional entry might be permitted.
    The Coast Guard is also considering a plan to amend 46 CFR part 30 
to use the Safety of Life at Sea Convention of 1974, as amended (SOLAS 
74/83), and relevant International Maritime Organization resolutions as 
guidance for evaluating manning levels. SOLAS 74/83 addresses manning 
levels, and requires certain ships of signatories to have an 
appropriate safe manning document or its equivalent. Annex 1 of IMO 
resolution A.481 (XII) describes the recommended contents of a SOLAS 
safe manning document. Certificates of Inspection issued by the U.S. 
Coast Guard contain substantially the same requirements as those listed 
in this IMO resolution. In most instances, the United States will 
accept a SOLAS 74/83 safe manning document as an alternative to 
compliance with its manning standards; however, the United States may 
intervene under the Ports and Waterways Safety Act (33 U.S.C. 1228) if 
manning is manifestly inadequate.
    As required by statute, the Coast Guard is considering a plan, to 
evaluate the manning, training, qualification and watchkeeping 
standards of foreign countries periodically, and when a foreign flag 
tank vessel is involved in a marine casualty reportable under 46 U.S.C. 
6101(a) (4) or (5). Reportable marine casualties include those 
involving material damage affecting the seaworthiness or efficiency of 
a vessel, and those which result in significant harm to the 
environment. The regulation would also set the period between 
evaluations not associated with a reportable marine casualty. This 
periodic review might simply be a confirmation that the flag state has 
continued to meet its obligations under STCW, and that the available 
information systems such as the Marine Safety Information System (MSIS) 
do not reveal a pattern of deficiencies.
    The Coast Guard is interested in receiving comments on the 
potential costs and benefits of this regulation, the impact of this 
regulation, and any of the issues discussed in this notice (e.g., the 
appropriate length of time between periodic reviews; the combination of 
factors listed previously as rebutting the presumption of equivalency 
under STCW; or any other factors, which should result in suspension or 
revocation of an equivalency determination, etc.).
    Because of the potential impacts of this regulation, and the 
results of the Coast Guard's regulatory process review, which indicated 
that public meetings provide an excellent opportunity for valuable 
input at early stages of the development of regulations, the Coast 
Guard has decided to hold a public meeting at the time and place 
indicated in this notice.

    Dated: September 15, 1994.
J. F. McGowan,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-23512 Filed 9-22-94; 8:45 am]
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