[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13098-13100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7169]



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DEPARTMENT OF TRANSPORTATION
33 CFR Parts 154 and 155

46 CFR Parts 12, 13, 15, 30, 31, 35, 78, 90, 97, 98, 105, 151, 153, 
and 154

[Docket No. CGD-79-116]
RIN 2115-AA03


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

AGENCY: Coast Guard, DOT.

ACTION: Reopening of Comment Period on interim rule.

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SUMMARY: The Coast Guard is reopening the period for public comment on 
its Interim Rule on the Qualifications for Tankermen, and for Persons 
in Charge of Transfers of Dangerous Liquids and Liquefied Gases. It 
would like public help in treating certain issues.

DATES: The effective date remains March 31, 1996. Written comments must 
be received not later than May 28, 1996.

ADDRESSES: Written comments may be mailed to the Executive Secretary, 
Marine Safety Council (G-LRA, 3406), U.S. Coast Guard, 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. Comments will become part of this docket and 
will be available for inspection or copying at room 3406, Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Mark C. Gould, Project Manager, Marine Safety and Environmental 
Protection Directorate, Office of Maritime Personnel Qualifications (G-
MOS-1), (202) 267-6890. This telephone is equipped to record messages 
on a 24-hour basis.

SUPPLEMENTARY INFORMATION: On Tuesday, April 4, 1995 [60 FR 17134], the 
Coast Guard issued an Interim Rule on the Qualifications for Tankermen, 
and for Persons in Charge of Transfers of Dangerous Liquids and 
Liquefied Gases. The deadline for written comments was June 30, 1995.
    Comments submitted during the comment period by the public and 
further evaluation of the Interim Rule by the Coast Guard revealed 
certain issues that require further evaluation, clarification, or 
correction. The Coast Guard has, therefore, decided to reopen the 
comment period. There is no need to refile comments already submitted. 
The effective date of the Interim Rule remains March 31, 1996.

[[Page 13099]]

    Although the Coast Guard invites comments on any feature of the 
Interim Rule, it specifically invites comments on the following:

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

Section 155.710  Qualifications of person in charge.

    Paragraphs (a)(2)(ii), (b)(2), and (g) allow the PIC of cargo-tank 
cleaning on a vessel at a tank-cleaning facility or shipyard to hold a 
marine chemist's certificate issued by the National Fire Protection 
Association instead of the appropriate Tankerman-PIC endorsement. 
Numerous comments on the Interim Rule objected to this alternative. 
They stated that no marine chemist is qualified to act as a Tankerman-
PIC. The Coast Guard will compare the qualifications for marine 
chemists with those for Tankerman-PICs. It invites comments.

TITLE 46--SHIPPING

Section 13.107  Tankerman endorsement: General.

Section 15.860  Tankerman.

    There appears to be some confusion and disagreement regarding the 
term direct supervision as used in these sections. The Coast Guard 
defines being under direct supervision to mean being within the 
unobstructed view of the supervisor. If the PIC assigns a person to 
turn a particular value, and if this person bends down so that either 
the hands or the valve is not visible to the PIC, this person is not 
under direct supervision of the PIC. A fair equivalent might be being 
in ``direct line of sight of the supervisor, or in close proximity to 
the transfer and maintaining direct, continuous communications by a 
convenient, reliable means, such as a hand-held radio.'' The Coast 
Guard invites comments.

Section 13.111  Restricted endorsement.

    This section lets an applicant apply for a tankerman endorsement 
restricted to specific cargoes or groups of cargoes, specific vessels, 
specific facilities, specific employers, or the like. The Coast Guard 
intended for this endorsement to benefit oil and chemical companies 
that handle only one or two cargoes or that employ a small number of 
tankerman, who conduct transfers at a small number of sites. This 
endorsement would relieve its holders of having to take the DL or LG 
course because those holders would have frequent opportunity to observe 
and participate in local transfers and would have no need to observe or 
participate in others. The Coast Guard did not intend that a large oil 
or chemical company could employ a large number of tankermen with 
restricted endorsements. It invites comments.

Section 13.113  Tankerman certified under prior regulations.

    Paragraph (a) allows certain persons who have acted as Tankermen-
PICs before March 31, 1996, to continue in that capacity. However, 
paragraph (d)(1)(iii)(A)(1) does not require any particular period of 
sea service, and paragraphs (d)(1)(iii)(A)(2) and (d)(1)(iii)(B) 
require only 30 days of sea service. None of these sections comply with 
the International Convention on Standards of Training, Certification 
and Watchkeeping for Seafarers, 1978 (STCW), as amended in 1994, which 
requires 90 days of sea service on tankers. Since the United States is 
signatory to STCW, the Coast Guard considers itself bound to amend 
paragraphs (d)(1)(iii)(A)(1), (d)(1)(iii)(A)(2), and (d)(1)(iii)(B) to 
require 90 days of sea service on tankers. It invites comments.

Section 13.115  Licensed engineer: Endorsement as Tankerman-Engineer 
based on service on tankships before March 31, 1996.

    This section requires that a licensed person with service as chief, 
first assistant, or cargo engineer before March 31, 1996, obtain a 
Tankerman-Engineer endorsement to his or her MMD no later than the 
first renewal of the MMD after March 31, 1997, if he or she intends to 
continue in any of those capacities. The Coast Guard intends that the 
final rule will allow service by one carrying temporary proof of the 
tankerman's qualifications as Sec. 13.113 did for Tankerman-PIC or 
Tankerman-PIC (Barge). But, as we have just seen, Sec. 13.113 itself 
comes up short--60 days short--measured against STCW, as amended in 
1994. Therefore, to provide for an orderly transition to a regime 
governed by STCW, as amended in 1994, as well as to square Sec. 13.115 
with Sec. 13.113 in its STCW-compatible form, the Coast Guard considers 
itself bound to amend paragraphs (a) and (b) to require 90 days of sea 
service on tankers. It invites comments.
    In addition, STCW, as amended in 1994, requires that an applicant 
for this endorsement satisfactorily complete the appropriate DL or LG 
course. The Coast Guard is inclined to amend this section to require 
satisfactory completion of a DL or LG course. However, the Coast Guard 
is willing to consider deferring the course requirement for a limited 
period of time, to give mariners a reasonable period of time to 
satisfactorily complete the course. It invites comments.

Section 13.117  Any person: Endorsement as Tankerman-Assistant based on 
unlicensed deck service before March 31, 1996.

    This section requires that a person with unlicensed deck service 
before March 31, 1996, obtain a Tankerman-Assistant endorsement to his 
or her MMD no later than the first renewal of the MMD after March 31, 
1997, if he or she intends to continue in that capacity. The Coast 
Guard intends that the final rule will allow service by one carrying 
temporary proof of the tankerman's qualifications as Sec. 13.113 did 
for Tankerman-PIC or Tankerman-PIC (Barge). But, again as we have just 
seen, Sec. 13.113 itself comes up short--60 days short--measured 
against STCW, as amended in 1994. Therefore, to provide for an orderly 
transition to a regime governed by STCW, as amended in 1994, as well as 
to square Sec. 13.117 with Sec. 13.113 in its STCW-compatible form, the 
Coast Guard considers itself bound to amend paragraphs (a) and (b) to 
require 90 days of sea service on tankers. It invites comments.
    Further, STCW, as amended in 1994, allows an applicant for this 
endorsement to satisfactorily complete a tanker-familiarization course 
rather than satisfy paragraph (a) or (b). Therefore, the Coast Guard is 
inclined to amend this section to allow satisfactory completion of this 
course, too. It invites comments.
    Further yet, STCW, as amended in 1994, requires that an application 
for this endorsement satisfactorily complete a firefighting course. The 
Coast Guard is included to amend this section to require satisfactory 
completion of this course, too. It invites comments.
    For the Tankerman-Assistant endorsement, the Coast Guard will 
accept pumpman service as well as the deck service described in 
Secs. 13.117 and 13.403. It invites comments.

Section 13.409  Eligibility requirements: Cargo course.

    This section allows an applicant for an endorsement as Tankerman-
Assistant to substitute sea service for satisfactory completion of a 
course in DL or LG. But STCW, as amended in 1994, requires the same 
applicants to either (1) satisfactorily complete a tanker-
familiarization course or (2) prove 90 days of sea service on tankers. 
Therefore, the Coast Guard considers itself bound to amend this section 
to require either (1) satisfactory completion of a tanker-
familiarization

[[Page 13100]]
course, rather than of a course in DL or LG, or (2) 90 days of sea 
service on tankers, rather than an unspecified amount of sea service of 
an unspecified kind. It invites comments.

Section 13.503  Eligibility requirements: Experience.

    This section allows an applicant for an endorsement as Tankerman-
Engineer to combine sea service and satisfactory completion of a DL or 
LG course for the requisite experience. But STCW, as amended in 1994, 
requires that the same applicant both satisfactorily complete the 
appropriate DL or LG course and prove 90 days of sea service on 
tankers. Therefore, the Coast Guard is inclined to amend this section 
to require both, rather than some blend of them. It invites comments.

Section 13.509  Eligibility requirements: Cargo course.

    This section allows an applicant for an endorsement as Tankerman-
Engineer to substitute sea service for satisfactory completion of a 
course in DL or LG. But STCW, as amended in 1994, requires that the 
same applicant both satisfactorily complete the appropriate DL or LG 
course and prove 90 days of sea service on tankers. Therefore, the 
Coast Guard is inclined to amend this section to require both, rather 
than some blend of them. It invites comments.

    Dated: March 15, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security 
and Environmental Protection.
[FR Doc. 96-7169 Filed 3-25-96; 8:45 am]
BILLING CODE 4910-14-M