[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Proposed Rules]
[Pages 5197-5199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2796]
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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 intent.
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SUMMARY: The Coast Guard is hereby giving notice of its intent to issue
an interim rule to amend the current domestic regulations on licensing
and documentation of personnel serving on U.S. seagoing vessels. The
interim rule will implement the International Convention on Standards
of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW),
as amended in 1995. Because the 1995 Amendments to STCW will come into
force on February 1, 1997, the Coast Guard is using this notice to
inform the public, and the affected industry, of the status of the
interim rule, and to advise those who will be operating vessels on
international voyages during the period between February 1, 1997, and
the date the interim rule becomes effective.
ADDRESSES: The Executive Secretary maintains the public docket for this
rulemaking. Comments previously received have become part of this
docket and are available for inspection or copying at room 3406, U.S.
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001, between 8:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
Copies of International Maritime Organization (IMO) circular
(STCW.7/Circ.1) may be obtained by faxing your name and address to
(202) 267-4570 or (202) 267-4816, by writing to the Commandant (MSO) at
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC
20593-0001, or by calling (202) 267-0229.
FOR FURTHER INFORMATION CONTACT:
Mr. Christopher Young, Project Manager, Office of Operating and
Environmental Standards (G-MSO), U.S. Coast Guard Headquarters, 2100
Second Street SW., Washington, DC 20593-0001, telephone (202) 267-0216.
SUPPLEMENTARY INFORMATION:
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 in London, adopted the amendments
to the STCW. The 1995 Amendments to STCW enter into force on February
1, 1997. In the NPRM published on March 26, 1996 (61 FR 13284), the
Coast Guard proposed a number of changes it considered 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 STCW sets qualifications for masters, officers, and
watchkeeping personnel on seagoing merchant ships. It was originally
adopted in 1978 by a conference at IMO Headquarters in London, and it
entered into force in 1984. Currently, there are 119 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 entering
U.S. waters are foreign-flag, and most of them are or will be subject
to STCW. 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.
The Amendments adopted by the Conference in July 1995 are
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
[[Page 5198]]
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 held seven public meetings in the months leading up
to the Conference held by IMO, to determine what positions U.S.
delegations should advocate at preparatory meetings and to exchange
views about Amendments to STCW under discussion.
The Coast Guard published a notice of proposed rulemaking (NPRM) in
the Federal Register on March 26, 1996 (61 FR 13284). That notice
described the 1995 Amendments to STCW, and proposed changes to
implement those Amendments in U.S. licensing regulations (46 CFR part
10), documentation (46 CFR part 12), and manning (46 CFR part 15). The
notice also invited comments on the proposed rule. Over 500 letters
were submitted to the public docket. The Coast Guard also held three
more public meetings to receive comments on the proposed rule.
The Coast Guard is preparing the interim rule to amend our
regulations to address the new requirements under the 1995 Amendments
to STCW. Unfortunately, publication will not take place until after
February 1, 1997, when the 1995 Amendments to STCW come into force
worldwide. This may cause some confusion in the U.S. maritime industry.
The Coast Guard takes this opportunity to advise the industry both of
the status of the rulemaking, and of other important facts, in the hope
that confusion and inconvenience will be reduced or eliminated.
The Coast Guard presents the following information in a question
and answer format. This notice is as informative as possible, but
readers should be aware that disclosure of details before issuance of
the Interim Rule is not appropriate under Coast Guard and Department of
Transportation policies, and is not in keeping with the Administrative
Procedure Act (5 U.S.C. 553), which governs rulemaking, and ensures
fair opportunity for public comment.
What will be the next document to be published on the STCW rulemaking?
The Coast Guard is preparing an interim rule for publication in the
Federal Register in the near future. That rule will give the public
another opportunity for comment on changes made as a result of comments
submitted to the docket, in response to the NPRM published on March 26,
1996.
Since the interim rule will not be published before February 1, 1997,
what is the consequence for personnel serving on U.S. seagoing vessels?
Personnel serving on U.S. seagoing vessels will not have to comply
with the new requirements under the 1995 Amendments to the STCW
Convention until the Interim Rule comes into effect. The Coast Guard
made every effort to publish the rule prior to the enforcement date of
February 1, 1997. However, as a matter of fairness and legality, the
United States will not enforce the 1995 Amendments to the STCW
Convention until the rule is in effect.
As a cautionary note, however, owners and operators of U.S.-flag
seagoing vessels that plan to enter foreign ports should be aware that
port-state control officers may inquire about steps being taken to meet
company responsibilities under the 1995 Amendments to STCW. While not
mandatory, as a matter of U.S. law, until the interim rule comes into
effect, compliance with certain STCW requirements is highly recommended
to facilitate entry into foreign ports. In particular, ship operators
should--
(a) Post watch schedules that ensure that watchkeeping personnel
have periods of rest that meet the STCW requirements;
(b) Provide written instructions to the master of each ship setting
out policies and procedures for ensuring that new crewmembers receive a
reasonable opportunity to familiarize themselves with ship-specific
equipment, operating procedures, and other arrangements needed for
performance of their duties; and
(c) Ensure that evidence is available to establish that each member
of the crew has received familiarization instruction to ensure he or
she takes appropriate action in an emergency; or, if the member is on
the muster list, that he or she has participated in organized drills
and other training exercises relating to fire-fighting, first aid,
personal survival, and personal safety. No special evidence is required
for those who hold 1978 STCW certificates or endorsements since basic
safety was included in the 1978 requirements for certification.
Operators of vessels engaged in international voyages should
contact local port agents or representatives to ascertain compliance
expectations prior to arrival in a foreign port.
Has IMO issued any relevant guidance on the transitional period between
February 1, 1997, and February 1, 2002?
IMO has issued guidance in the form of a circular (STCW.7/Circ.1),
which is based in part on the following two principles. First, if a
requirement is mentioned in the 1995 Amendments to STCW but already
exists in the 1978 STCW, then holders of 1978 STCW endorsements may
continue to serve under those endorsements until February 1, 2002.
However, holders of such endorsements will need to meet new
requirements under the 1995 Amendments to STCW if they will be
continuing their service on or after February 1, 2002. The Interim Rule
will take this guidance into consideration and will identify any new
requirements U.S. license holders must meet to acquire STCW
endorsements valid beyond February 1, 2002.
Second, in determining the requirement for basic safety training or
instruction for seafarers already employed before February 1, 1997,
administrations may consider the merits of each case. This means that
evidence of competence in the skills required for a particular seafarer
to perform a safety or pollution prevention duty may be based on that
seafarer's previous participation in shipboard drills and training
exercises, until more formal training or instruction can be arranged.
The Interim Rule will also take this guidance into consideration and
will identify any new basic safety training or instruction requirements
seafarers must meet to comply with this rule. A copy of the IMO
circular (STCW.7/Circ.1) is available on request from Commandant (G-
MSO) at the address given under ADDRESSES.
What must owners and operators of small vessels on domestic voyages do
to meet the requirements which are scheduled to come into force on
February 1, 1997?
Small vessels that operate beyond the boundary line but engage in
domestic-only voyages will be dealt with in accordance with the special
provisions of STCW Regulation II/3, paragraph 7, of the 1995 Amendments
to STCW, which allows administrations to forgo application of
requirements that would be unreasonable or impractical. The interim
rule will explain how these small vessels can meet STCW requirements.
When do 1978 STCW certificates and endorsements need to be replaced?
The 1978 STCW certificates and endorsements are issued for 5-year
periods that coincide with the period of validity of the licenses or
documents to which they pertain. After February 1, 1997, the Coast
Guard will continue to issue 1978 STCW certificates and endorsements;
but they will expire on a
[[Page 5199]]
date not later than January 31, 2002. The Coast Guard will issue STCW
certificates and endorsements for service beyond January 31, 2002, only
to those who meet certain new requirements under the 1995 Amendments to
STCW. The interim rule will be published in the near future and will
identify those requirements, which must be met to attain a certificate
or endorsement for service beyond February 1, 2002.
Dated: January 30, 1997.
R.D. Herr,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 97-2796 Filed 1-31-97; 10:53 am]
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