[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Proposed Rules]
[Pages 5767-5773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2697]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Chapter I

46 CFR Chapter I

[USCG-97-3198]


Alternate Convention Tonnage

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

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[[Page 5768]]

SUMMARY: The Coast Guard is considering developing alternate tonnage 
thresholds for certain vessels based on the measurement system 
established under the International Convention on Tonnage Measurement 
of Ships, 1969. Existing tonnage thresholds in domestic laws and 
regulations are based on the U.S. regulatory measurement system. 
Establishing alternate convention tonnages as an option for applying 
domestic regulations may result in the building of safer, more 
efficient vessels and may enable designers and operators of U.S. 
vessels to be more competitive in the international market. The Coast 
Guard asks for comments on the issues raised and questions listed in 
the document.

DATES: Comments must reach the Docket Management Facility on or before 
May 15, 1998.

ADDRESSES: You may mail comments to the Docket Management Facility, 
(USCG-97-3198), U.S. Department of Transportation, room PL-400 Seventh 
Street SW., Washington, DC 20590-0001, or deliver them to room PL-401, 
located on the Plaza Level of the Nassif Building at the same address 
between 10 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room PL-401, located on the 
Plaza Level of the Nassif Building at the same address between 10 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. You may 
also access this docket on the Iternet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Paulette Twine, Chief, Documentary 
Services Division, Department of Transportation, telephone 202-366-
9329, for questions on the docket or Lieutenant John G. White, Office 
of Standards Evaluation and Development (G-MSR-2), Coast Guard, 
telephone 202-267-6885, for questions on this document.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages you to participate in this request by 
submitting written data, views, or arguments. If you submit comments, 
you should include your name and address, identify this document (USCG-
97-3198) and the specific section or question in this document to which 
your comments apply, 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 to the DOT Docket Management Facility at the address under 
ADDRESSES. If you want acknowledgment of receipt of your comments, you 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period.
    The Coast Guard may schedule a public meeting depending on input 
received in response to this notice. You may request a public meeting 
by submitting a request to the address under ADDRESSES. The request 
should include the reasons why a meeting would be beneficial. If the 
Coast Guard determines that a public meeting should be held, it will 
hold the meeting at a time and place announced by a later document in 
the Federal Register.

Purpose

    As explained later in this preamble, the Coast Guard is authorized 
to establish vessel tonnage thresholds based on the system for 
measuring the tonnage of vessels known as the ``convention measurement 
system.'' These thresholds are alternatives to the thresholds in 
certain U.S. statutes that are based instead on the ``regulatory 
measurement system.'' This document is intended to get your ideas and 
information on whether the Coast Guard should establish these alternate 
thresholds and, if so, what the tonnages should be. This project 
affects every segment of the maritime industry subject to a tonnage 
threshold, which includes vessel design and construction, vessel 
inspection, vessel manning, and merchant mariner licensing. The 
alternate tonnages chosen could have significant economic and safety 
impacts within the industry. When establishing alternate tonnages, the 
Coast Guard's goal will be (1) to encourage the use of convention 
measurement, thus allowing vessel owners and builders to focus more on 
vessel safety and operating requirements rather than on tonnage and (2) 
to avoid, in the process, the adverse economic impacts of over-
regulation.
    There are several complex issues involved in establishing alternate 
tonnages which must be addressed before a regulatory proposal can be 
developed. This document provides background information to help you 
understand these issues, poses several questions for you to consider, 
and requests your feedback on how the Coast Guard should proceed with 
establishing alternate convention tonnages.

Background

    Federal shipping laws are usually based on the gross tonnage of a 
vessel. Gross tonnage is a measurement of the volume of the interior 
spaces of a vessel, with one ton equal to 100 cubic feet of space under 
older measurement systems. The gross tonnage specified in a law is 
often the threshold used to determine whether or not that law applies 
to a particular vessel. For example, to be subject to the laws for 
seagoing motor vessels, a seagoing vessel must meet or exceed the 
tonnage threshold of 300 gross tons (46 U.S.C. 2101 (33). Tonnage 
thresholds are used in hundreds of domestic and international laws and 
regulations affecting issues such as vessel design and construction, 
vessel inspection, vessel manning, civil penalty liability, financial 
responsibility, and merchant mariner licensing.
    The traditional system used in the United States for measuring the 
tonnage of a vessel is called the ``regulatory measurement system.'' 
The regulatory measurement system is authorized under 46 U.S.C. chapter 
145. It consists of the ``standard'', ``dual'', and ``simplified'' 
measurement systems and is implemented under 46 CFR part 69, subparts 
C, D, and E, respectively. The regulatory measurement system, with the 
exception of the simplified system used primarily for smaller vessels, 
uses a complex series of internal measurements and exemptions to arrive 
at gross tonnage. Over time, this system became increasingly 
susceptible to manipulation through the use of tonnage reduction 
techniques in designing vessels. These techniques, such as the 
inclusion of tonnage openings and extensive framing in a vessel's 
design, enabled the designers to artificially reduce a vessel's total 
volume when calculating the vessel's gross tonnage. As a result, larger 
and larger vessels have been built that remain under the same 
regulatory tonnage threshold. In many cases, the use of these 
techniques has had a negative impact on the safety, performance, 
construction and maintenance costs, and efficiency of vessels.
    This situation was not unique to the United States. Other nations 
established tonnages using systems similar to the regulatory 
measurement system, which were also subject to manipulation, though in 
different ways. This resulted in tonnage disparities between 
identically-sized vessels of different flags.
    In response, the International Convention on Tonnage Measurement of

[[Page 5769]]

Ships, 1969, (the Convention) was developed with the view of 
establishing a worldwide measurement system that provides a genuine 
representation of a vessel's size. The United States ratified the 
Convention in 1982. The Omnibus Reconciliation Act of 1986 (the Tonnage 
Act) adopted a measurement system based on the Convention as the 
required measurement system for U.S. vessels greater than 79 feet in 
length (with certain exceptions based on the vessel's type and build 
date). This system, known as the ``convention measurement system,'' is 
authorized under 46 U.S.C. chapter 143 and is implemented in 46 CFR 
part 69, subpart B.
    Under the convention measurement system, gross tonnage is based on 
a logarithmic function of the total enclosed volume of a vessel and is 
not subject to manipulation through the use of tonnage reduction 
techniques. Because of the differences between regulatory measurement 
and convention measurement, the measured tonnage for a single vessel 
could differ substantially (e.g., by thousands of tons for a 200 foot 
vessel). Since convention measurement does not allow for the use of 
tonnage reduction techniques, vessels measured using this system are 
often greater in tonnage than vessels measured using regulatory 
measurement. The convention measurement system is desirable because it 
provides a reliable gauge of a vessel's size, allows vessel owners and 
builders to focus vessel design around safety and operating 
requirements, and allows for uniform application of international 
regulations.
    To prevent possible adverse economic impacts on vessel owners 
during the transition to the convention measurement system, the Tonnage 
Act provides for the retention of the existing regulatory measurement 
system. Under the Tonnage Act, the owner of a vessel required to be 
measured under the convention measurement system can request that the 
vessel also be measured under the regulatory measurement system. Once a 
regulatory tonnage is assigned, that figure must be used for 
determining the applicability of certain domestic and international 
regulations. For example, the Coast Guard would use that regulatory 
tonnage figure when evaluating a merchant mariner's experience for 
licensing purposes.
    Operating under two tonnage measurement systems has proven to be 
very complex and difficult. Currently, new or newly modified, U.S.-flag 
vessels must use convention tonnage for several important international 
conventions but may use their often lower regulatory tonnage for 
domestic laws and regulations. As a result, U.S. vessels that were 
designed to stay below a certain domestic regulatory threshold by using 
costly and inefficient tonnage reduction techniques may be less 
competitive in the international marketplace. For example, a 192-foot-
long passenger vessel that was designed to measure under 100 gross 
regulatory tons using tonnage reduction techniques measured 
approximately 2,100 gross tons under the convention measurement system. 
The extensive use of tonnage reduction techniques can require 
additional hull material without adding strength to the vessel, create 
substantial areas of wasted space, increase construction cost as much 
as 10 to 15 percent, and add significantly to the lightship weight of 
the vessel.

Alternate Convention Tonnages

    For many years, the Coast Guard has worked with the maritime 
industry to ease the transition to the convention measurement system. 
The first step was to seek a change in the shipping statutes to allow 
the Coast Guard to prescribe alternate convention tonnages for its 
regulatory tonnage thresholds. The rationale was that reasonably high 
alternate tonnages would give vessel owners little incentive to opt for 
regulatory tonnage measurement. The use of costly and inefficient 
tonnage reduction techniques would no longer be necessary to remain 
competitive in the domestic market.
    The Coast Guard Authorization Act of 1996 (the Authorization Act) 
amended certain statutes to authorize, but not require, the Coast Guard 
to establish alternate tonnage thresholds based on the convention 
measurement system. With alternate convention tonnages in place, a 
vessel constructed without tonnage reduction techniques would be 
regulated under the same domestic standards that currently apply to a 
comparably sized vessel constructed with tonnage reduction techniques. 
Once alternate thresholds are established, regulatory tonnage will 
remain available, by law, for regulating existing and future vessels at 
the vessel owner's option.

Table of Statutes Authorizing the Establishment of Alternate Convention 
Tonnage Thresholds

    The following table lists the statutes amended by the Authorization 
Act to allow the Coast Guard to prescribe alternate convention 
tonnages. The table is arranged by section in the Authorization Act 
(sections 703 through 744). The second column lists the U.S. Code 
citation of the statutes amended. The third column gives a brief 
description of the subject of each statute and its existing regulatory 
tonnage threshold. The table indicates only the statutes affected and 
none of the regulations based on these statutory thresholds. Should the 
Coast Guard elect to establish alternate tonnages, it will address the 
changes to applicable regulations in future rulemaking documents.

----------------------------------------------------------------------------------------------------------------
       Authorization act  section                Title 33 U.S. Code cite                    Description         
----------------------------------------------------------------------------------------------------------------
703....................................  903(d)(3)..............................  Addresses death or disability 
                                                                                   compensation for employees at
                                                                                   facilities engaged           
                                                                                   exclusively in building,     
                                                                                   repairing, or dismantling    
                                                                                   certain commercial vessels   
                                                                                   less than 1,600 gross tons.  
704....................................  1203(a)(2).............................  Requires vessels of 100 gross 
                                                                                   tons and upward carrying more
                                                                                   than one passenger for hire  
                                                                                   to have a radiotelephone     
                                                                                   capable of operating from the
                                                                                   navigational bridge and      
                                                                                   capable of transmitting on   
                                                                                   certain frequencies in       
                                                                                   accordance with Federal      
                                                                                   Communications Commission    
                                                                                   (FCC) standards.             
705....................................  1223(a)(3).............................  Precludes the Coast Guard from
                                                                                   requiring fishing vessels    
                                                                                   under 300 gross tons to carry
                                                                                   specified navigational or    
                                                                                   safety equipment.            
706....................................  App. 883-1.............................  Allows relaxation of Jones Act
                                                                                   citizenship requirements for 
                                                                                   motor vessels less than 500  
                                                                                   gross tons engaged in        
                                                                                   specific mining and          
                                                                                   manufacturing trades.        
707....................................  App. 883(a)............................  Requires a report to the Coast
                                                                                   Guard if a documented vessel 
                                                                                   of more than 500 gross tons  
                                                                                   is rebuilt abroad.           
708....................................  App. 1295a(4)(a).......................  Defines a merchant marine     
                                                                                   officer as any person who    
                                                                                   holds a Coast Guard-issued   
                                                                                   license authorizing service  
                                                                                   as a master, mate, or pilot  
                                                                                   on board any vessel of 1,000 
                                                                                   gross tons or more which is  
                                                                                   documented in the U.S. and   
                                                                                   which operates on the oceans 
                                                                                   or Great Lakes.              

[[Page 5770]]

                                                                                                                
709(1).................................  2101(13)...............................  Defines ``freight vessel'' as 
                                                                                   a motor vessel of more than  
                                                                                   15 gross tons that carries   
                                                                                   freight for hire, except an  
                                                                                   oceanographic research vessel
                                                                                   or an offshore supply vessel.
709(2).................................  2101(13a)..............................  Defines ``Great Lakes barge'' 
                                                                                   as a non-self-propelled      
                                                                                   vessel of at least 3,500     
                                                                                   gross tons operating on the  
                                                                                   Great Lakes.                 
709(3).................................  2101(19)...............................  Defines ``offshore supply     
                                                                                   vessel'' as a motor vessel of
                                                                                   more than 15 gross tons but  
                                                                                   less than 500 gross tons that
                                                                                   regularly carries goods,     
                                                                                   supplies, or equipment in    
                                                                                   support of exploration,      
                                                                                   exploitation, or production  
                                                                                   of offshore mineral or energy
                                                                                   resources. Previous          
                                                                                   rulemaking (61 FR 66613)     
                                                                                   established 6,000 gross tons 
                                                                                   as the alternate Convention  
                                                                                   tonnage threshold under this 
                                                                                   definition.                  
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
       Authorization act  section                Title 46 U.S. Code cite                    Description         
----------------------------------------------------------------------------------------------------------------
709(4).................................  2101(22)...............................  Defines ``passenger vessel''  
                                                                                   as a vessel of at least 100  
                                                                                   gross tons that carries more 
                                                                                   than 12 passengers, including
                                                                                   at least one passenger for   
                                                                                   hire; or that is chartered   
                                                                                   and carriers more than 12    
                                                                                   passengers.                  
709(5).................................  2101(30)(A)............................  Defines ``sailing school      
                                                                                   vessel'' as a vessel of less 
                                                                                   than 500 gross tons carrying 
                                                                                   more than 6 individuals who  
                                                                                   are instructors or students, 
                                                                                   is principally equipped for  
                                                                                   sail propulsion, and meets   
                                                                                   specific ownership criteria. 
709(6).................................  2101(32)...............................  Defines ``seagoing barge'' as 
                                                                                   a non-self-propelled vessel  
                                                                                   of at least 100 gross tons   
                                                                                   making voyages beyond the    
                                                                                   Boundary Line.               
709(7).................................  2101(33)...............................  Defines ``seagoing motor      
                                                                                   vessel'' as a motor vessel of
                                                                                   at least 300 gross tons      
                                                                                   making voyages beyond the    
                                                                                   Boundary Line.               
709(8).................................  2101(35)...............................  Defines ``small passenger     
                                                                                   vessel'' as a vessel of less 
                                                                                   than 100 gross tons carrying 
                                                                                   more than 6 passengers,      
                                                                                   including at least one       
                                                                                   passenger for hire; that is  
                                                                                   chartered with a crew        
                                                                                   provided or specified by the 
                                                                                   owner and carrying more than 
                                                                                   6 passengers; or that is     
                                                                                   chartered with no crew       
                                                                                   provided or specified and    
                                                                                   carrying more than 12        
                                                                                   passengers.                  
709(9).................................  2101(42)...............................  Defines and ``uninspected     
                                                                                   passenger vessel'' as (1) a  
                                                                                   vessel of at least 100 gross 
                                                                                   tons carrying not more than  
                                                                                   12 passengers, including at  
                                                                                   least one passenger for hire,
                                                                                   or that is chartered with a  
                                                                                   crew carrying not more than  
                                                                                   12 passengers; or (2) a      
                                                                                   vessel of less than 100 gross
                                                                                   tons carrying not more than 6
                                                                                   passengers, including at     
                                                                                   least one passenger for hire,
                                                                                   or that is chartered with the
                                                                                   crew provided or specified   
                                                                                   and carrying not more than 6 
                                                                                   passengers.                  
710(1).................................  2113(4)................................  Allows the Coast Guard to     
                                                                                   establish alternate          
                                                                                   structural fire protection,  
                                                                                   manning, operating, and      
                                                                                   equipment requirements for   
                                                                                   vessels of at least 100 gross
                                                                                   tons but less than 300 gross 
                                                                                   tons carrying not more than  
                                                                                   150 passengers on domestic   
                                                                                   voyages.                     
710(2).................................  2113(5)................................  Allows the Coast Guard to     
                                                                                   establish alternate          
                                                                                   structural fire protection,  
                                                                                   manning, operating, and      
                                                                                   equipment requirements for   
                                                                                   former U.S. public vessels of
                                                                                   at least 100 gross tons but  
                                                                                   less than 500 gross tons,    
                                                                                   carrying not more than 150   
                                                                                   passengers on domestic       
                                                                                   voyages.                     
711(1).................................  3302(c)(1).............................  Exempts a fish processing     
                                                                                   vessel of not more than 5,000
                                                                                   gross tons from certain      
                                                                                   inspection requirements.     
711(2).................................  3302(c)(2).............................  Exempts a fish tender vessel  
                                                                                   of not more than 500 gross   
                                                                                   tons from certain inspection 
                                                                                   requirements.                
711(3).................................  3302(c)(4)(A)..........................  Exempts a fish tender vessel  
                                                                                   of not more than 500 gross   
                                                                                   tons engaged in the Aleutian 
                                                                                   trade from certain inspection
                                                                                   requirements.                
711(4).................................  3302(d)(1).............................  Exempts a motor vessel of less
                                                                                   than 150 gross tons,         
                                                                                   constructed before August 23,
                                                                                   1958, from certain freight   
                                                                                   vessel inspection            
                                                                                   requirements if certain      
                                                                                   criteria are met.            
711(5).................................  3302(i)(1)(A)..........................  Allows the Coast Guard to     
                                                                                   exempt from certain          
                                                                                   inspection requirements a    
                                                                                   vessel of not more than 300  
                                                                                   gross tons transporting cargo
                                                                                   from place in Alaska to      
                                                                                   another place in Alaska      
                                                                                   provided that certain        
                                                                                   criteria are met.            
711(6).................................  3302(j)................................  Allows the Coast Guard to not 
                                                                                   inspect a nautical school    
                                                                                   vessel of not more than 15   
                                                                                   gross tons when certain      
                                                                                   criteria are met.            
712(1).................................  3306(h)................................  Allows the Coast Guard to     
                                                                                   establish structural fire    
                                                                                   protection, manning,         
                                                                                   operational, and equipment   
                                                                                   requirements for vessels of  
                                                                                   at least 100 gross tons and  
                                                                                   less than 300 gross tons that
                                                                                   carry not more than 150      
                                                                                   passengers.                  
712(2).................................  3306(i)................................  Allows the Coast Guard to     
                                                                                   establish structural fire    
                                                                                   protection, manning,         
                                                                                   operational, and equipment   
                                                                                   requirements for former U.S. 
                                                                                   public vessels of at least   
                                                                                   100 gross tons but less than 
                                                                                   500 gross tons that carry no 
                                                                                   more than 150 passengers.    
713(1).................................  3318(a)................................  Sets the civil penalty        
                                                                                   liability at not more than   
                                                                                   $5,000 for the violation of  
                                                                                   inspection regulations       
                                                                                   applicable to a freight      
                                                                                   vessel of less than 100 gross
                                                                                   tons.                        
713(2).................................  3318(j)(1).............................  Sets the civil penalty        
                                                                                   liability at $2,000 a day for
                                                                                   a vessel of less than 1,600  
                                                                                   gross tons operating without 
                                                                                   a certificate of inspection. 
714(1).................................  3702(b)(1).............................  Excludes from tank vessel     
                                                                                   inspection requirements a    
                                                                                   documented vessel of not more
                                                                                   than 500 gross tons that is  
                                                                                   considered a tank vessel only
                                                                                   due to the transfer of fuel  
                                                                                   from fuel supply tanks to    
                                                                                   offshore drilling or         
                                                                                   production facilities.       
714(2).................................  3702(c)................................  Excludes from tank vessel     
                                                                                   inspection requirements a    
                                                                                   fishing or fish tender vessel
                                                                                   of not more than 500 gross   
                                                                                   tons when engaged only in the
                                                                                   fishing industry.            
714(3).................................  3702(d)................................  Excludes from tank vessel     
                                                                                   inspection requirements a    
                                                                                   fish processing vessel of not
                                                                                   more than 5,000 gross tons   
                                                                                   (unless the vessel carries   
                                                                                   flammable or combustible     
                                                                                   liquid cargo in bulk).       

[[Page 5771]]

                                                                                                                
715(1).................................  3703a(b)(2)............................  Exempts a tank vessel of less 
                                                                                   than 5,000 gross tons from   
                                                                                   double hull requirements if  
                                                                                   the vessel is equipped with a
                                                                                   double containment system    
                                                                                   determined effective by the  
                                                                                   Coast Guard.                 
715(2).................................  3703a(c)(2)............................  Establishes double hull       
                                                                                   requirements for tank vessels
                                                                                   of less than 5,000 gross     
                                                                                   tons.                        
715(3).................................  3703a(c)(3)(A).........................  Establishes double hull       
                                                                                   requirements for tank vessels
                                                                                   of at least 5,000 gross tons 
                                                                                   but less than 15,000 gross   
                                                                                   tons.                        
715(4).................................  3703a(c)(3)(B).........................  Establishes double hull       
                                                                                   requirements for tank vessels
                                                                                   of at least 15,000 gross tons
                                                                                   but less than 30,000 gross   
                                                                                   tons.                        
715(5).................................  3703a(c)(3)(C).........................  Establishes double hull       
                                                                                   requirements for tank vessels
                                                                                   of at least 30,000 gross     
                                                                                   tons.                        
716(1).................................  3707(a)................................  Requires a new tanker of at   
                                                                                   least 10,000 gross tons to be
                                                                                   equipped with specified      
                                                                                   vessel steering control      
                                                                                   equipment.                   
716(2).................................  3707(b)................................  Requires an existing tanker of
                                                                                   at least 10,000 gross tons to
                                                                                   be equipped with specified   
                                                                                   vessel steering control      
                                                                                   equipment.                   
717....................................  3708...................................  Requires a self-propelled tank
                                                                                   vessel of at least 10,000    
                                                                                   gross tons to be equipped    
                                                                                   with specified vessel        
                                                                                   navigation equipment.        
718....................................  4701(1)................................  Defines the term abandon as to
                                                                                   moor, strand, wreck, sink, or
                                                                                   leave a barge of more than   
                                                                                   100 gross tons unattended for
                                                                                   longer than forty-five days. 
719(1).................................  5102(b)(4).............................  Exempts certain fish          
                                                                                   processing vessels of not    
                                                                                   more than 5,000 gross tons   
                                                                                   from Load Line requirements. 
719(2).................................  5102(b)(5).............................  Exempts certain fish tender   
                                                                                   vessels of not more than 500 
                                                                                   gross tons from Load Line    
                                                                                   requirements.                
719(3).................................  5102(b)(10)............................  Exempts certain ``existing    
                                                                                   vessels'' of not more than   
                                                                                   150 gross tons from Load Line
                                                                                   requirements.                
720....................................  7101(e)(3).............................  Exempts individuals who serve 
                                                                                   only as a pilot on a vessel  
                                                                                   of less than 1,600 gross tons
                                                                                   from the licensing           
                                                                                   requirement to obtain a      
                                                                                   thorough physical examination
                                                                                   each year while holding the  
                                                                                   license.                     
721....................................  7308...................................  Establishes the required      
                                                                                   service for the endorsement  
                                                                                   of able seamen-limited as 18 
                                                                                   months' service on deck      
                                                                                   aboard vessels of at least   
                                                                                   100 gross tons operating on  
                                                                                   oceans or navigable waters of
                                                                                   the U.S.                     
722....................................  7310...................................  Requires at least 6 months'   
                                                                                   service on deck aboard       
                                                                                   vessels operating on the     
                                                                                   oceans or the navigable      
                                                                                   waters of the U.S. to qualify
                                                                                   for rating as an able seaman-
                                                                                   offshore supply vessel for   
                                                                                   service on a vessel of less  
                                                                                   than 500 gross tons engaged  
                                                                                   in the offshore industry.    
723(1).................................  7312(b)................................  Permits individuals qualified 
                                                                                   as able seamen-limited to    
                                                                                   constitute all able seamen   
                                                                                   required on a vessel of less 
                                                                                   than 1,600 gross tons.       
723(2).................................  7312(c)(1).............................  Permits individuals qualified 
                                                                                   as able seamen-special to    
                                                                                   constitute all able seamen   
                                                                                   required on a vessel of not  
                                                                                   more than 500 gross tons, or 
                                                                                   on a seagoing barge or towing
                                                                                   vessel.                      
723(3).................................  7312(d)................................  Permits individuals qualified 
                                                                                   as able seamen-offshore      
                                                                                   supply vessel to constitute  
                                                                                   all able seamen required on  
                                                                                   board a vessel of less than  
                                                                                   500 gross tons engaged in    
                                                                                   support of the offshore      
                                                                                   industry.                    
723(4).................................  7312(f)(1).............................  Permits individuals qualified 
                                                                                   as able seamen-fishing       
                                                                                   industry to constitute all   
                                                                                   able seamen required on      
                                                                                   certain fish processing      
                                                                                   vessels of more than 1,600   
                                                                                   gross tons but not more than 
                                                                                   5,000 gross tons.            
723(5).................................  7312(f)(2).............................  Permits individuals qualified 
                                                                                   as able seamen-fishing       
                                                                                   industry to constitute all   
                                                                                   able seamen required on      
                                                                                   certain fish processing      
                                                                                   vessels of more than 5,000   
                                                                                   gross tons.                  
724....................................  7313(a)................................  Provides for prescribing by   
                                                                                   regulation classes of        
                                                                                   endorsement as qualified     
                                                                                   members of the engine        
                                                                                   department on vessels of at  
                                                                                   least 100 gross tons.        
725....................................  8101(h)................................  Sets the civil penalty        
                                                                                   liability for a violation of 
                                                                                   vessel manning laws by an    
                                                                                   owner, charterer, or managing
                                                                                   operator of a freight vessel 
                                                                                   of less than 100 gross tons  
                                                                                   at $1,000.                   
726....................................  8102(b)................................  Requires that a fish          
                                                                                   processing vessel of more    
                                                                                   than 100 gross tons keep a   
                                                                                   suitable number of watchmen  
                                                                                   trained in firefighting on   
                                                                                   board during hotwork         
                                                                                   operations.                  
727....................................  8103(b)(3)(A)..........................  Provides that the Coast Guard 
                                                                                   may waive a citizenship      
                                                                                   requirement for all but the  
                                                                                   master of a documented       
                                                                                   offshore supply vessel or    
                                                                                   similarly engaged vessel that
                                                                                   is less than 1,600 gross tons
                                                                                   and operated from a foreign  
                                                                                   port.                        
728(1).................................  8104(b)................................  Provides that on an oceangoing
                                                                                   or coastwise vessel of not   
                                                                                   more than 100 gross tons     
                                                                                   (except a fishing, fish      
                                                                                   processing, or fish tender   
                                                                                   vessel), a licensed          
                                                                                   individual may not be        
                                                                                   required to work more than 9 
                                                                                   of 24 hours when in port or  
                                                                                   more than 12 of 24 hours at  
                                                                                   sea.                         
728(2).................................  8104(d)................................  Requires division of licensed 
                                                                                   individuals, sailors, coal   
                                                                                   passers, firemen, oilers, and
                                                                                   water tenders into at least 3
                                                                                   watches when at sea on       
                                                                                   merchant vessels of more than
                                                                                   100 gross tons. Applies to   
                                                                                   radio officers only when at  
                                                                                   least 3 radio officers are   
                                                                                   employed. Licensed           
                                                                                   individuals and seamen in the
                                                                                   deck and engine departments  
                                                                                   may not be required to work  
                                                                                   more than 8 hours in one day.
                                                                                   Exempts fish processing      
                                                                                   vessels of not more than     
                                                                                   5,000 gross tons from these  
                                                                                   requirements.                
728(3).................................  8104(l)(1).............................  Requires division of licensed 
                                                                                   personnel and deck crew on   
                                                                                   uninspected fish processing  
                                                                                   vessels entered into service 
                                                                                   before January 1, 1988, and  
                                                                                   more than 1,600 gross tons   
                                                                                   into 2 watches.              
728(4).................................  8104(m)(1).............................  Exempts fish processing       
                                                                                   vessels entered into service 
                                                                                   before January 1, 1988, and  
                                                                                   less than 1,600 gross tons   
                                                                                   from watch section           
                                                                                   requirements.                
728(5).................................  8104(o)(1).............................  Requires division of licensed 
                                                                                   individuals and crewmembers  
                                                                                   on fish tender vessels of not
                                                                                   more than 500 gross tons and 
                                                                                   engaged in the Aleutian trade
                                                                                   into at least 3 watches.     
728(6).................................  8104(o)(2).............................  Requires division of licensed 
                                                                                   individuals and crewmembers  
                                                                                   on certain fish tender       
                                                                                   vessels of not more than 500 
                                                                                   gross tons engaged in the    
                                                                                   Aleutian trade into at least 
                                                                                   2 watches.                   
729(1).................................  8301(a)(2).............................  Requires 3 licensed mates on  
                                                                                   all inspected vessels over   
                                                                                   1,000 gross tons propelled by
                                                                                   machinery, with certain      
                                                                                   exceptions.                  

[[Page 5772]]

                                                                                                                
729(2).................................  8301(a)(3).............................  Requires 2 licensed mates on  
                                                                                   vessels of at least 200 gross
                                                                                   tons but less than 1,000     
                                                                                   gross tons propelled by      
                                                                                   machinery.                   
729(3).................................  8301(a)(4).............................  Requires one licensed mate on 
                                                                                   vessels of at least 100 gross
                                                                                   tons but less than 200 gross 
                                                                                   tons propelled by machinery, 
                                                                                   unless the vessel is on a    
                                                                                   voyage of more than 24 hours,
                                                                                   in which case it must have 2 
                                                                                   licensed mates.              
729(4).................................  8301(a)(5).............................  Requires one licensed engineer
                                                                                   on a freight vessel or       
                                                                                   passenger vessel of at least 
                                                                                   300 gross tons and propelled 
                                                                                   by machinery.                
729(5).................................  8301(b)................................  Requires one licensed engineer
                                                                                   on an offshore supply vessel 
                                                                                   of more than 200 gross tons. 
730....................................  8304(b)(4).............................  Exempts a vessel of less than 
                                                                                   200 gross tons from          
                                                                                   compliance with the Officers'
                                                                                   Competency Certificates      
                                                                                   Convention, 1936.            
731(1).................................  8701(a)................................  Requires that individuals     
                                                                                   serving on board a merchant  
                                                                                   vessel of at least 100 gross 
                                                                                   tons have merchant mariners' 
                                                                                   documents, with certain      
                                                                                   exceptions.                  
731(2).................................  8701(a)(6).............................  Exempts fish processing       
                                                                                   vessels of not more than     
                                                                                   1,600 gross tons that entered
                                                                                   into service before January  
                                                                                   1, 1998, from the requirement
                                                                                   that individuals serving on  
                                                                                   board have merchant mariners'
                                                                                   documents.                   
732(1).................................  8702(a)................................  Requires that on vessels of   
                                                                                   100 gross tons and greater,  
                                                                                   75% of the crew understand   
                                                                                   orders spoken by officers and
                                                                                   65% of the deck crew have    
                                                                                   merchant mariners' documents 
                                                                                   endorsed for the rating of at
                                                                                   least able seamen.           
732(2).................................  8702(a)(6).............................  Exempts fish processing       
                                                                                   vessels entered into service 
                                                                                   before January 1, 1988, and  
                                                                                   not more than 1,600 gross    
                                                                                   tons from the requirements in
                                                                                   46 U.S.C. 8702(a).           
733....................................  8901...................................  Requires that a freight vessel
                                                                                   of less than 100 gross tons  
                                                                                   be operated by an individual 
                                                                                   licensed by the Coast Guard  
                                                                                   to operate that type of      
                                                                                   vessel in a particular       
                                                                                   geographic area.             
734....................................  8905(b)................................  Exempts vessels of less than  
                                                                                   200 gross tons engaged in the
                                                                                   offshore mineral and oil     
                                                                                   industry from towing vessel  
                                                                                   manning requirements in 46   
                                                                                   U.S.C. 8904.                 
735....................................  9303(a)(2).............................  Requires each applicant for   
                                                                                   the U.S. registered pilot    
                                                                                   service to have acquired at  
                                                                                   least 24 months licensed     
                                                                                   service or equivalent        
                                                                                   experience on vessels or     
                                                                                   integrated towing vessels and
                                                                                   tows of at least 4,000 gross 
                                                                                   tons, operating on the Great 
                                                                                   Lakes or oceans, with a      
                                                                                   minimum of 6 months service  
                                                                                   or experience having been on 
                                                                                   the Great Lakes.             
736....................................  10101(4)(B)............................  Includes certain fish         
                                                                                   processing vessels of not    
                                                                                   more than 1,600 gross tons in
                                                                                   the definition of fishing    
                                                                                   vessel.                      
737....................................  10301(a)(2)............................  Requires shipping articles on 
                                                                                   vessels of at least 75 gross 
                                                                                   tons engaged on voyages      
                                                                                   between a U.S. port on the   
                                                                                   Atlantic Ocean and a U.S.    
                                                                                   port on the Pacific Ocean.   
738....................................  10501(a)...............................  Requires Master/Crew          
                                                                                   agreements on vessels of at  
                                                                                   least 50 gross tons engaged  
                                                                                   on voyages between a port in 
                                                                                   one State and a port in      
                                                                                   another State (except an     
                                                                                   adjoining State).            
739....................................  10601(a)(1)............................  Requires fishing agreements   
                                                                                   between a Master or          
                                                                                   individual in charge and the 
                                                                                   crew on fishing, fish        
                                                                                   processing, or fish tender   
                                                                                   vessels of at least 20 gross 
                                                                                   tons engaged on a voyage from
                                                                                   a port in the U.S.           
740....................................  11101(a)...............................  Exempts a vessel of less than 
                                                                                   100 gross tons from certain  
                                                                                   seamen accommodation         
                                                                                   requirements.                
741....................................  11102(a)...............................  Requires that a medicine chest
                                                                                   be provided on a vessel of at
                                                                                   least 75 gross tons on a     
                                                                                   voyage between a port of the 
                                                                                   U.S. on the Atlantic Ocean   
                                                                                   and Pacific Ocean.           
742....................................  11301(a)(2)............................  Requires that U.S. vessels of 
                                                                                   at least 100 gross tons on a 
                                                                                   voyage between a port of the 
                                                                                   U.S. on the Atlantic Ocean   
                                                                                   and the Pacific Ocean have an
                                                                                   official logbook.            
743....................................  12106(c)(1)............................  Provides for the issuance of a
                                                                                   coastwise trade endorsement  
                                                                                   on foreign built vessels of  
                                                                                   less than 200 gross tons     
                                                                                   engaged in the coastwise     
                                                                                   trade of fisheries products  
                                                                                   between places in Guam,      
                                                                                   American Samoa, and the      
                                                                                   Northern Mariana Islands.    
744....................................  12108(c)(1)............................  Provides for the issuance of a
                                                                                   fishery endorsement to engage
                                                                                   in fishing in the territorial
                                                                                   sea or fishery conservation  
                                                                                   zone adjacent to Guam,       
                                                                                   American Samoa, and Northern 
                                                                                   Mariana Islands for foreign  
                                                                                   built vessels of less than   
                                                                                   200 gross tons.              
----------------------------------------------------------------------------------------------------------------

Problems With Determining Alternate Tonnages

    While the Coast Guard now has the necessary statutory authority to 
establish alternate convention tonnage thresholds, determining these 
thresholds is a very complex task. The extent to which different 
classes of vessels currently rely on tonnage reduction techniques 
varies, so a single conversion factor would not be appropriate for all 
tonnage thresholds. Rather, each threshold must be carefully considered 
based on the class or classes of vessel it applies to and its 
relationship to other thresholds.
    When establishing an alternate convention threshold, the Coast 
Guard hopes to arrive at a figure high enough to capture the majority 
of existing vessels and future vessels of comparable sizes. However, if 
an alternate threshold is set too high, certain vessels may be 
inadvertently exempted from important safety regulations. If an 
alternate threshold is set too low, some vessels may be burdened by 
additional regulations.
    The following examples illustrate the complexities involved:
    1. Small passenger vessels. A passenger vessel qualifies as 
``small'' if it is under 100 gross regulatory tons. Suppose that an 
alternate to this threshold is set at 500 gross convention tons. 
Suppose that your vessel measure 99 gross regulatory tons and 499 gross 
convention tons. According to 46 U.S.C. 8301, as shown in the table 
below, you would need two licensed mates under your convention tonnage, 
but none under your regulatory tonnage. Clearly, this creates a severe 
disincentive for you to have your vessel regulated under alternate 
convention tonnages (thereby allowing removal of tonnage reduction 
features), unless alternate tonnages are established for Sec. 8301 as 
well.

------------------------------------------------------------------------
                                         Tonnage of vessel (with certain
  Number of  licensed mates  required              exceptions)          
------------------------------------------------------------------------
3.....................................  1,000 GT or more (46 U.S.C.     
                                         8301(a)(2)).                   

[[Page 5773]]

                                                                        
2.....................................  200 GT to less than 1,000 GT (46
                                         U.S.C. 8301(a)(3)).            
1.....................................  100 GT to less than 200 GT (46  
                                         U.S.C. 8301 (a)(4)).           
No provision..........................  Under 100 GT.                   
------------------------------------------------------------------------

    You might think that this problem could be solved by simply 
establishing higher alternate tonnages in section 8301 to provide 
parity to small passenger vessels measured under the convention system. 
Unfortunately, however, section 8301 does not apply just to small 
passenger vessels but to virtually all commercial vessels. Furthermore, 
different classes of vessels differ in the range between regulatory and 
convention tonnages. For example, a freight vessel of 175 regulatory 
tons might measure 175 convention tons. If the alternate tonnage under 
section 8301 was set higher than the regulatory tonnage to address 
small passenger vessels, it may result in fewer mates on convention-
measured freight vessels.
    2. Merchant mariner licensing. The problem of establishing 
alternate tonnages is further compounded by the interrelationship among 
the shipping statutes, such as in the case of merchant mariner 
licensing. The tonnage of the vessel on which you have served may make 
a difference in the licenses for which you are eligible or the vessels 
upon which you may serve. For example, you may have earned your license 
based on service on a vessel with an assigned regulatory tonnage. If 
you decide to change jobs and serve on a comparably-sized vessel of the 
same class that is regulated according to a higher convention tonnage, 
you may not be eligible to serve on the vessel unless your license is 
adjusted accordingly. This situation may also affect the way in which 
the Coast Guard determines your eligibility to renew or upgrade your 
license.
    The international community took steps to address this issue in the 
1995 Amendments to the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978 (STCW). 
STCW specifies alternate convention tonnages that may be adopted by an 
Administration (such as the Coast Guard for the United States) for 
reissuing or revalidating licenses (i.e., 500 gross convention tons for 
the 200 gross regulatory ton threshold and 3,000 gross convention tons 
for the 1,600 gross regulatory ton threshold). In response to a request 
for comments in an interim rule published on June 26, 1997 (62 FR 
34506), the Coast Guard received several comments generally supporting 
the STCW licensing thresholds but deferred deciding whether to adopt 
the thresholds until the problems addressed in this notice are 
resolved.

Previous Effort To Establish an Alternate Tonnage Threshold

    On December 18, 1996, the Coast Guard established a maximum 
alternate tonnage for offshore supply vessels (61 FR 66613). A quick 
response was necessary to respond to the offshore supply vessel 
industry's pressing need for a new, technologically-advanced fleet. 
This maximum alternate tonnage value of 6,000 convention gross tons was 
used in the recent final rule for offshore supply vessels published in 
the Federal Register on September 19, 1997 (62 FR 49308).

Questions

    The process of establishing alternate convention tonnages could 
take many years. It could affect many regulations and virtually all of 
the maritime industry. The Coast Guard encourages you to become 
involved in the earliest stages of this project.
    We especially need your help in answering the following questions, 
although additional information is welcome. In responding to each 
question, please explain your reasons for each answer so that we can 
carefully weigh the consequences and impacts of any future actions we 
may take.
    1. For the type or types of vessel you design, build, or operate 
and the nature of your operations, should the Coast Guard establish 
alternate convention tonnage thresholds? Please explain.
    2. Based on your circumstances, what advantages, disadvantages, or 
both do you foresee with alternate Convention tonnages?
    3. Which threshold or thresholds should the Coast Guard establish 
first? Why? What timeline should the Coast Guard use? Why?
    4. If an alternate threshold is needed, what convention tonnage 
should be specified? Please relate your answer to specific subjects 
(e.g., vessel manning), to vessel classes (e.g., small passenger 
vessels), or to statutory provisions listed in the table of statutes.
    5. What other strategies, besides implementing alternate tonnages, 
do you think could be used by the Coast Guard and industry to 
discourage the use of undesirable tonnage reduction techniques? Why?
    6. When establishing alternate tonnages, how should the Coast Guard 
address tonnage thresholds that apply to many vessel classes, such as 
manning requirements?
    7. Where an international convention, such as STCW, specifies an 
alternate convention threshold for certain purposes, should the Coast 
Guard adopt that figure as its alternate convention threshold for those 
purposes?

    Dated: January 28, 1998.
Joseph J. Angelo,
Acting, Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 98-2697 Filed 2-3-98; 8:45 am]
BILLING CODE 4910-14-M