[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]
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