[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Rules and Regulations]
[Pages 66063-66069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27376]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, and 15

[USCG-1999-5610]
RIN 2115-AF83


Training and Qualifications for Personnel on Passenger Ships

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing requirements of training and 
certification for masters, certain licensed officers, and certain 
crewmembers on any ship inspected under subchapter H, T, or K, other 
than a roll-on/roll-off (Ro-Ro) passenger ship, carrying more than 12 
passengers when on an international voyage. (These requirements do not 
apply to any passenger ship when it is on a domestic voyage.) 
Regulation V/3 of the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as 
amended in 1997, mandated that its Parties ensure this training and 
certification. This interim rule will reduce human error, improve the 
ability of crewmembers to assist passengers during emergencies, and 
promote safety.

DATES: This interim rule is effective January 28, 2003. Comments and 
related material must reach the Docket Management Facility on or before 
December 30, 2002.
    The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register, and 
effective January 28, 2003.

ADDRESSES: To make sure that your comments and related material do not 
enter the docket more than once, please submit them (referred to USCG-
1999-5610) by only one of the following means:
    (1) By mail to the Docket Management Facility, U.S. Department of

[[Page 66064]]

Transportation, room PL-401, 400 Seventh Street SW., Washington, DC 
20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, call Mark 
Gould, Project Manager, Commandant (G-MSO-1), Coast Guard, telephone 
202-267-6890. For questions on viewing the docket, call Dorothy Beard, 
Chief of Dockets, Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-1999-
5610), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, delivery, fax, or electronic means 
to the Docket Management Facility at the address under ADDRESSES; but 
please submit your comments and material by only one means. If you 
submit them by mail or delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Regulatory History

    On June 15, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled ``Training and Certification for Mariners Serving on 
Certain Ships Carrying More Than 12 Passengers on International 
Voyages'' in the Federal Register [65 FR 37507]. We received two 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held. Also on June 15, 2000, we published an 
Analysis and a Determination of Categorical Exclusion, both of which 
support the rule.

Background and Purpose

    Regulation V/3 of the STCW, as amended, set qualifications for 
masters, other officers, ratings, and other personnel on passenger 
ships other than Ro-Ro passenger ships. It applies to a passenger ship 
(``vessel'' under most domestic laws) when it is on an international 
voyage. This interim rule will not apply to any U.S.-flag passenger 
ship inspected under 46 CFR subchapter H, T, or K, when it is operating 
on a domestic voyage.
    The purpose of this rule is to incorporate, into domestic rules, 
the training and certification that the STCW, as amended, mandates 
internationally. It will amend requirements for the training and 
certification of masters, certain licensed officers, and certain 
crewmembers on any ship, other than a Ro-Ro passenger ship, carrying 
more than 12 passengers when on an international voyage. It will have 
no impact on the applicability or content of the interim rule in 46 CFR 
part 10, subpart J; part 12, subpart 12.30; or part 15, subpart J (62 
FR 34505, June 26, 1997), all three of which dealt with certain 
crewmembers on Ro-Ro passenger ships carrying more than 12 passengers 
on such voyages. It will merely establish appropriate training and 
documentation for the masters, certain licensed officers, and certain 
crewmembers on any other ship carrying more than 12 passengers when on 
an international voyage. ``International voyage'' means a voyage from 
the United States to a port outside the United States or conversely; or 
a voyage originating and terminating at ports outside the United 
States. A voyage between the continental United States and Hawaii or 
Alaska, and a voyage between Hawaii and Alaska, counts as a 
``international voyage'' for the purposes of this rule (compare 46 CFR 
199.30 on lifesaving).
    If you would like more information on the background of this 
rulemaking and of the STCW, please refer to the NPRM discussed earlier 
under Regulatory History.

Discussion of Interim Rule

46 CFR Part 10--Licensing of Maritime Personnel

    1. Section 10.102 incorporates by reference the STCW (including its 
Regulation V/3, adopted in 1997, and the corresponding Code) into the 
rules in part 10 and adjusts the list of rules that refer to the STCW, 
as amended.
    2. Section 10.103 amends the definition of ``STCW'' to add the 
words ``and 1997 (incorporated by reference in Sec.  10.102)''. For 
continuity, sections 10.205, 10.304, 10.603, 10.901, 10.903, and 
10.1005, where STCW or the STCW Code is cited, add the same parenthetic 
statement.
    3. New sections 10.1101, 10.1103, and 10.1105 require certain 
licensed officers to complete training required by the STCW Regulation 
V/3 (and elaborated by section A-V/3 of the Code) when serving on a 
ship, other than a Ro-Ro passenger ship, carrying more than 12 
passengers when on an international voyage.

46 CFR Part 12--Certification of Seamen

    4. Section 12.01-3 incorporates by reference the STCW (including 
its Regulation V/3, adopted in 1997, and the corresponding Code) into 
the rules in part 12 and adjusts the list of rules that refer to the 
STCW, as amended.
    5. Section 12.01-6 amends the definition of ``STCW'' to add the 
words ``and 1997 (incorporated by reference in Sec.  12.01-3)''. For 
continuity, sections 12.01-1, 12.01-6, 12.02-7, 12.02-11, 12.03-1, 
12.05-3, 12.05-7, 12.05-11, 12.10-3, 12.10-5, 12.10-7, 12.10-9, 12.15-
3, 12.15-7, 12.25-45, 12.30-5, and 12.35-5, where STCW or the STCW Code 
is cited, add the same parenthetic statement.
    6. New subpart 12.35 requires certain mariners to complete training 
required by Regulation V/3 (and elaborated by section A-V/3 of the 
Code) when serving on a ship, other than a Ro-Ro passenger ship, 
carrying more than 12 passengers when on an international voyage. If we 
left the wording in Sec.  12.35-5 of the NPRM unchanged, we

[[Page 66065]]

would inadvertently restrict the training to persons holding merchant 
mariners' documents. As reflected in the regulatory analysis supporting 
the NPRM, it was (and remains) our intent to have these requirements 
apply to all crewmembers (including undocumented deckhands), who, 
during emergencies, are responsible for the safety of passengers. 
Consequently, we have modified the wording in Sec.  12.35-5. We are 
providing a 60-day comment period to allow public review of and comment 
on this change before we implement it.

46 CFR Part 15--Manning

    7. The heading of Sec.  15.1103 is revised so as to clearly 
indicate that the section also covers undocumented crewmembers. 
Paragraphs (e), (f), and (g) of Sec.  15.1103 will become paragraphs 
(f), (g), and (h), respectively; relettered paragraph (f) will undergo 
no change; and the heading and relettered paragraphs (g) and (h) will 
undergo slight editorial change.
    8. A new paragraph 15.1103(e) will govern any ship, other than a 
Ro-Ro passenger ship, carrying more than 12 passengers when on an 
international voyage. Paragraph 15.1103(d) takes on the simpler, 
clearer form of new paragraph 15.1103(e), without substantive change.

Discussion of Comments

    We received two comments on this rulemaking. Both addressed our 
request in the NPRM for suggestions on whether these requirements 
should apply to any U.S.-flag passenger ship inspected under 46 CFR 
subchapter H and operating on a domestic voyage. Both stated that the 
requirements should not apply. Because there are so few records of 
casualties, they believe there is no need to impose the requirements on 
these vessels.
    At this time, we do not intend to require any U.S.-flag passenger 
ship inspected under 46 CFR subchapter H, T, or K, when operating on a 
domestic voyage, to comply with these requirements. Should the Coast 
Guard find this to be necessary, a separate rulemaking would also be 
necessary. The training required by this rule, however, is required for 
masters, certain licensed officers, and certain crewmembers serving on 
a vessel inspected under subchapter H, as well as under subchapter T or 
K, if the vessel is on an international voyage.

Incorporation by Reference

    This interim rule incorporates by reference the material listed in 
46 CFR 10.102 and 12.01-3. Copies of the material are available from 
the source listed in those sections. The Coast Guard submitted this 
material to the Director of the Federal Register for approval of the 
incorporation by reference and received such approval.

Regulatory Evaluation

    This interim rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget (OMB) has not reviewed it under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Transportation (DOT) [44 FR 11040 (February 26, 1979)].
    A Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is available in the docket as indicated 
under ADDRESSES. A summary of the Regulatory Evaluation follows:
    The Coast Guard is publishing this interim rule to implement 
Regulation V/3 of the STCW, as amended in 1997. The rule specifies the 
necessary training and certification for certain mariners serving on 
any ship, other than a Ro-Ro passenger ship, carrying more than 12 
passengers when on an international voyage (the interim rule on the 
STCW (CGD 95-062, June 26, 1997) covers Ro-Ro passenger ships). The IMO 
mandated that its Parties ensure this training and certification, which 
should reduce human error, improve the ability of crewmembers to assist 
passengers during emergencies, and promote safety.

Costs

    The specialized training courses that certain mariners will have to 
complete are: Crisis Management and Human Behavior, Crowd Management, 
Special Safety Training (including communication), Training in 
Passengers' Safety, and Special Familiarization Training (including the 
operational limitations of the ship). The average cost for the courses, 
held for 5 days at various training institutions, is $1,215 a person. 
We estimate that the cost to develop in-house courses will not exceed 
the cost of courses at these institutions. Either operators of vessels 
or companies may develop a more cost-effective way to provide in-house 
training (for less than the cost we estimate). We estimate the costs of 
first-year training for 1,144 mariners to be $1,389,960.
    Union contracts may require some companies to pay for training new 
hires. We estimate the cost of training for the new hires paid by the 
companies to be $20,655 a year beginning in 2001 and running through 
2010. We estimate the cost paid by the new hires themselves after 2001 
to be $117,855 a year.
    Certain mariners will have to complete refresher training for 
Crisis Management and Human Behavior, Crowd Management, and Special 
Safety every five years. This training is available as a single two-day 
course at an estimated cost of $330. We estimate the first-year travel 
cost incurred by the existing staff of mariners that receive training 
away from their vessels at $406,850. We estimate the cost of travel for 
the new hires to be $45,030. We estimate that about one-half of the 
existing staff of mariners receiving training away from their vessels 
will continue to receive their wages while attending courses, because 
of their membership in unions. We estimate this one-time cost of wages 
to be $370,310. We estimate the recurring cost of wages associated with 
the refresher training to be $183,034 a year. We estimate the one-time 
cost incurred by the remaining half of the existing staff of mariners 
(those that don't receive wages while attending initial training) to be 
$370,310; this is the ``opportunity cost'' of the mariners' spare time. 
As with initial training, we believe that owners or operators may 
develop in-house refresher training at less cost than we estimate.
    In summary, the 10-year present value (in 2000 dollars) of the 
total cost of this rule is $4,345,794. To learn further details 
concerning the costs associated with this rule, as well as the 
potential benefits, see the analysis provided in the docket for this 
rule on the Internet at http://dms.dot.gov.

Benefits

    Implementing this interim rule will ensure that any U.S. ship 
carrying more than 12 passengers on an international voyage is in 
compliance with the Amendments to the International Convention on the 
STCW, 1978. IMO adopted the Amendments in response to a series of 
casualties involving passenger ships, such as the Scandinavian Star, 
Estonia, and Achille Lauro. During these casualties, the crews did not 
perform emergency duties in an efficient, coordinated, and effective 
manner. We reviewed the casualty records for the U.S. ships this rule 
will affect and found no cases that would have directly benefited from 
this rule. However, the following narratives briefly describe two of 
the casualties to these three foreign-flag ships, to show the types of 
risks this rule addresses.
    On March 15, 1988, a fire occurred in the engine room of the 
Scandinavian Star. Two crewmembers were injured,

[[Page 66066]]

and two passengers were transported to a medical facility by 
helicopter, treated, and released. Costs of damage and repair came to 
about $3.5 million. According to an excerpt from the marine-accident 
report of the National Transportation Safety Board, one of the 
passengers stated that one of the crewmembers did not know how to pull 
the fire alarm and that the passengers waited from 45 minutes to 2 
hours to receive lifejackets and then were given child-size 
lifejackets.
    On November 30, 1994, a fire onboard the Achille Lauro proved more 
costly: It left two persons dead, and eight injured. Afterward, many of 
the survivors complained of confusion and a lack of leadership by the 
crew when the fire broke out. They accused some crewmembers of 
abandoning elderly passengers to save themselves.
    While the requirement for all crewmembers to have familiarization 
or basic safety training or instruction figured in the 1995 amendments 
to the STCW, the amendments did not adequately address the need for 
special training of personnel on passenger ships. Further work was 
necessary at the IMO to reach agreement on the mandatory minimum 
training and qualifications for these personnel.
    Implementing this rule should reduce the risk that passengers will 
be injured in fires or other emergencies on passenger ships, because 
crewmembers will be trained to coordinate rapid responses and keep 
passengers from panicking. The following recent accidents involving 
passenger ships highlight the continued need for this rule: the fire on 
the Universe Explorer (July 1996) near Juneau, Alaska; the fire on the 
Vistafjord (April 1997) near Grand Bahama Island; and the grounding of 
the Monarch of the Seas (December 1998) off St. Maarten.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this interim rule would have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This rule will affect certain crewmembers on any ship carrying more 
than 12 passengers when on an international voyage. The Act, however, 
does not regard individual crewmembers as small entities.
    This rule will not require companies to bear the cost of the 
training. Nonetheless, we estimate that the companies will choose to 
bear most of it.
    During the analysis for the interim rule implementing 1995 
Amendments to the STCW, we considered the impact on businesses, 
organizations, and jurisdictions both defined as small entities and 
potentially affected by the STCW. Small entities here include owners 
and operators of some of the STCW-affected ships, training 
institutions, and businesses offering marine-training courses or 
supplying assessors or examiners. As that rule does not, this rule will 
not require any single business to offer or assess all courses required 
under the STCW. Training institutions or businesses that offer 
training-course assessors will not have to provide new services. This 
rule will allow for small entities to remain in and actively compete in 
maritime training with options to teach and assess as many courses or 
functions as they choose.
    We realize there are issues regarding the lack of approved courses 
and designated examiners in some remote locations. The Coast Guard will 
develop guidelines addressing alternative means for the delivery of 
such courses; these means may involve delivery of such courses on site 
(i.e., ``in-house'' training). These courses or other training would be 
acceptable for officers and crewmembers on vessels inspected under 
subchapter H, T, or K, when authorized by the cognizant OCMI.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant impact on a substantial number of 
small entities. If you think that your business, organization, or 
governmental jurisdiction qualifies as a small entity and that this 
rule will have a significant economic impact on it, please submit a 
comment to the Docket Management Facility at the address under 
ADDRESSES. In your comment, explain why you think it qualifies and how 
and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist 
small entities in understanding this interim rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule as applied to persons not holding merchant mariners' 
documents would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Mark Gould, 
project manager, at 202-267-6890. Small businesses may send comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with, Federal rules, to the Small Business and Agriculture 
Regulatory Enforcement Ombudsman and to the Regional Small Business 
Regulatory Fairness Boards. The Ombudsman evaluates these actions 
annually and rates each agency's responsiveness to small business. If 
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

Collection of Information

    As described in the NPRM (65 FR 37505-13) and in the Analysis 
Documentation (available in the docket as indicated under ADDRESSES), 
this interim rule contains three new requirements that call for 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520). The three take a single form: holding documentary 
evidence of compliance with STCW.
    STCW Regulation V/3 requires certain seafarers serving on any ship 
(other than a Ro-Ro passenger ship) carrying more than 12 passengers 
when on an international voyage to complete specialized training as 
adopted by IMO in 1997. We didn't receive any comments regarding the 
collection-of-information burden of this rule.
    As required by 44 U.S.C. 3507(d), we submitted a copy of this rule 
to OMB for its review of the collection of information. The section 
numbers are 46 CFR 10.1105, 12.35-5, and 15.1103, and the corresponding 
approval number from OMB will be OMB Control Number 2115-0624. We will 
publish another notice when OMB approves the collection of information. 
We expect approval to be valid for three years.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB.

Federalism

    We have analyzed this interim rule under Executive Order 13132, 
Federalism. It is well settled that States are precluded from 
regulating in categories that are reserved for regulation by the Coast 
Guard. It is also well settled, now, that all of the categories covered 
in 46 U.S.C. 3306 and 3703(a), 7101, and 8101 (design, construction, 
alteration, repair, maintenance, operation, equipping, personnel 
qualification, and manning of vessels to which these sections apply) 
are within the field foreclosed from

[[Page 66067]]

regulation by States. (See the decision of the Supreme Court in the 
consolidated cases of United States v. Locke and Intertanko v. Locke, 
120 S. Ct. 1135 (1999), 2000 U.S. LEXIS 1895 (March 6, 2000).) Because 
this rule falls into the above-mentioned categories, it precludes 
States from regulating.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year.
    While two States operate passenger vessels on international 
voyages, entities in the private sector own and operate most of the 
vessels with mariners that this interim rule will affect. More 
important, the total burden of Federal mandates that this rule will 
impose will not exceed $5 million (during the first 10 years after the 
effective date of the rule). Therefore, this rule will not impose an 
unfunded mandate. Although this rule will not result in a $100,000,000 
expenditure, we do discuss its effects elsewhere in this preamble.

Taking of Private Property

    This interim rule will not effect a taking of private property or 
otherwise have implications for taking under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Reform of Civil Justice

    This interim rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this interim rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not economically significant and does not concern 
an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This interim rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might affect tribal governments, even if 
the effect may not constitute a ``tribal implication'' under the Order.

Energy Effects

    We have analyzed this interim rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this interim rule 
and concluded that under figure 2-1, paragraph (34)(c), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rule will not result in any 
significant cumulative impact on the human environment; any substantial 
controversy or substantial change to existing environmental conditions; 
any impact, more than minimal, on properties protected under 4(f) of 
the DOT Act, as superseded by Public Law 97-449 and Section 106 of the 
National Historic Preservation Act; or any inconsistencies with any 
Federal, State, or local laws or administrative determinations relating 
to the environment. A Determination of Categorical Exclusion is 
available in the docket where indicated under ADDRESSES.

List of Subjects

46 CFR Part 10

    Incorporation by reference, Marine safety, Seamen, Vessels.

46 CFR Part 12

    Incorporation by reference, Marine safety, Seamen, Vessels.

46 CFR Part 15

    Marine safety, Navigation (water), Seamen, Vessel manning, Vessels.


    For the reasons set out in the preamble, the Coast Guard is 
amending 46 CFR parts 10, 12, and 15 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. The citation of authority for part 10 continues to read as 
follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. 
Chapter 71; 46 U.S.C. 7502, 7505, 7701; Pub. L. 103-206, 107 Stat. 
2439; 49 CFR 1.45, 1.46; Sec. 10.107 also issued under the authority 
of 44 U.S.C. 3507.


    2. Revise Sec.  10.102(b) to read as follows:


Sec.  10.102  Incorporation by reference.

* * * * *
    (b) The material incorporated by reference in this part and the 
sections affected are as follows: International Maritime Organization 
(IMO), 4 Albert Embankment, London, SE1 7SR, England. The STCW--
International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, as amended in 1995 and 1997 (the STCW 
Convention, or the STCW)--and Seafarers' Training, Certification and 
Watchkeeping Code (the STCW Code), approved for incorporation by 
reference in sections 10.103; 10.205; 10.304; 10.603; 10.901; 10.903; 
10.1005; and 10.1105 of this part.


Sec.  10.103  [Amended]

    3. In Sec.  10.103, to the definition of ``STCW,'' immediately 
following the words ``as amended in 1995'', add the words ``and 1997 
(incorporated by reference in Sec.  10.102)''.


Sec.  10.205  [Amended]

    4. In paragraph (l)(1) of Sec.  10.205, immediately following the 
words ``STCW Code'', add the words ``(incorporated by reference in 
Sec.  10.102)''; and in paragraphs (l)(2), (3), and (4) of Sec.  
10.205, immediately following the words ``STCW Code'', add the words 
``(also incorporated by reference in Sec.  10.102)''.

[[Page 66068]]

Sec.  10.304  [Amended]

    5. In paragraph (f) of Sec.  10.304, immediately following the 
words ``Chapter III of STCW'', add the words ``(incorporated by 
reference in Sec.  10.102)''.


Sec.  10.603  [Amended]

    6. In paragraph (c) of Sec.  10.603, immediately following the 
words ``STCW Regulation IV/2'', add the words ``(incorporated by 
reference in Sec.  10.102)''.


Sec.  10.901  [Amended]

    7. In paragraph (c) of Sec.  10.901, immediately following the 
words ``STCW Regulations'', add the words ``(incorporated by reference 
in Sec.  10.102)''.


Sec.  10.903  [Amended]

    8. In paragraphs (c) and (d) of Sec.  10.903, immediately following 
the words ``STCW Code'', add the words ``(incorporated by reference in 
Sec.  10.102)''.


Sec.  10.1005  [Amended]

    9. In Sec.  10.1005, immediately following the words ``STCW Code'', 
add the words ``(incorporated by reference in Sec.  10.102)''.

    10. Add Subpart K, consisting of Sec. Sec.  10.1101 through 
10.1105, to read as follows:
Subpart K--Officers on a Passenger Ship, Other Than a Ro-Ro Passenger 
Ship, When on an International Voyage
Sec.
10.1101 Purpose of rules.
10.1103 Definitions.
10.1105 General requirements for license holders.

Subpart K--Officers on a Passenger Ship, Other Than a Ro-Ro 
Passenger Ship, When on an International Voyage


Sec.  10.1101  Purpose of rules.

    The rules in this subpart establish requirements for officers 
serving on passenger ships as defined in Sec.  10.1103.


Sec.  10.1103  Definitions.

    Passenger ship in this subpart means a ship, other than a Ro-Ro 
passenger ship, carrying more than 12 passengers when on an 
international voyage.


Sec.  10.1105  General requirements for license holders.

    If you are licensed as a master, mate, chief mate, engineer, or 
chief engineer, then, before you may serve on a passenger ship, you 
must--
    (a) Meet the appropriate requirements of the STCW Regulation V/3 
and of section A-V/3 of the STCW Code (incorporated by reference in 
Sec.  10.102); and
    (b) Hold documentary evidence to show that you meet these 
requirements through approved or accepted training.

PART 12--CERTIFICATION OF SEAMEN

    11. The citation of authority for part 12 continues to read as 
follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 
7302, 7503, 7505, 7701; 49 CFR 1.46.


Sec.  12.01-1  [Amended]

    12. In paragraph (a)(2) of Sec.  12.01-1, immediately following the 
words ``required by STCW'', add the words ``(incorporated by reference 
in Sec.  12.01-3)''.


Sec.  12.01-3  [Amended]

    13. Revise Sec.  12.01-3 to read as follows:


Sec.  12.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must 
publish notice of change in the Federal Register and must ensure that 
the material is available to the public. All approved material is 
available for inspection at the Office of the Federal Register, 800 
North Capitol Street NW., suite 700, Washington, DC, and at the U.S. 
Coast Guard, Office of Operating and Environmental Standards, room 
1210, 2100 Second Street SW., Washington, DC, and is available from the 
sources indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part, and the sections affected, are as follows:
    International Maritime Organization (IMO), 4 Albert Embankment, 
London, SE1 7SR, England. The STCW--International Convention on 
Standards of Training, Certification and Watchkeeping for Seafarers, 
1978, as amended in 1995 and 1997 (the STCW Convention, or the STCW)--
and Seafarers' Training, Certification and Watchkeeping Code (the STCW 
Code), approved for incorporation by reference in sections 12.01-1; 
12.01-6; 12.02-7; 12.02-11; 12.03-1; 12.05-3; 12.05-7; 12.05-11; 12.10-
3; 12.10-5; 12.10-7; 12.10-9; 12.15-3; 12.15-7; 12.25-45; 12.30-5; and 
12.35-5 of this part.


Sec.  12.01-6  [Amended]

    14. In Sec.  12.01-6, to the definition of ``STCW,'' delete the 
words ``in 1995'', and add the parenthetic statement ``(incorporated by 
reference in Sec.  12.01-3)''.


Sec.  12.02-7  [Amended]

    15. In paragraph (d) of Sec.  12.02-7, immediately following the 
words ``in accordance with STCW'', add the words ``(incorporated by 
reference in Sec.  12.01-3)''.


Sec.  12.02-11  [Amended]

    16. In paragraph (h)(1) of Sec.  12.02-11, immediately following 
the words ``the STCW Code'', add the words ``(incorporated by reference 
in Sec.  12.01-3)''.


Sec.  12.03-1  [Amended]

    17. In paragraph (a)(8) of Sec.  12.03-1, immediately following the 
words ``the STCW Code'', add the words ``(incorporated by reference in 
Sec.  12.01-3)''.


Sec.  12.05-3  [Amended]

    18. In paragraph (b)(1) of Sec.  12.05-3, immediately following the 
words ``the STCW Code'', add the words ``(incorporated by reference in 
Sec.  12.01-3)''.


Sec.  12.05-7  [Amended]

    19. In paragraph (a)(5) of Sec.  12.05-7, immediately following the 
words ``the STCW Code'', add the words ``(incorporated by reference in 
Sec.  12.01-3)''.


Sec.  12.05-11  [Amended]

    20. In paragraph (a) of Sec.  12.05-11, remove the words ``STCW 
endorsement'' and replace them with the words ``endorsement under the 
STCW (incorporated by reference in Sec.  12.01-3)''.


Sec.  12.10-3  [Amended]

    21. In paragraph (c) of Sec.  12.10-3, immediately following the 
words ``STCW Regulation VI/2'', add the words ``(incorporated by 
reference in Sec.  12.01-3)''.


Sec.  12.10-5  [Amended]

    22. In paragraph (d) of Sec.  12.10-5, immediately following the 
words ``STCW Regulation VI/2'', add the words ``(incorporated by 
reference in Sec.  12.01-3)'' and, immediately following the words 
``STCW Code'', add the words ``(also incorporated by reference in Sec.  
12.01-3)''.

[[Page 66069]]

Sec.  12.10-7  [Amended]

    23. In Sec.  12.10-7, remove the words ``STCW endorsement'' and 
replace them with the words ``endorsement under the STCW (incorporated 
by reference in Sec.  12.01-3)''.


Sec.  12.10-9  [Amended]

    24. In paragraph (b)(2) of Sec.  12.10-9, immediately following the 
words ``STCW Regulation VI/2'', add the words ``(incorporated by 
reference in Sec.  12.01-3)''.


Sec.  12.15-3  [Amended]

    25. In paragraph (d)(1) of Sec.  12.15-3, immediately following the 
words ``the STCW Code'', add the words ``(incorporated by reference in 
Sec.  12.01-3)''.


Sec.  12.15-7  [Amended]

    26. In paragraph (c) of Sec.  12.15-7, immediately following the 
words ``the STCW Code'', add the words ``(incorporated by reference in 
Sec.  12.01-3)''.


Sec.  12.25-45  [Amended]

    27. In Sec.  12.25-45, immediately following the words ``the STCW 
Code'', add the words ``(incorporated by reference in Sec.  12.01-3)''.


Sec.  12.30-5  [Amended]

    28. In Sec.  12.30-5, immediately following the words ``the STCW 
Code'', add the words ``(incorporated by reference in Sec.  12.01-3)''.

    29. Add new subpart 12.35, consisting of Sec. Sec.  12.35-1 through 
12.35-5, to read as follows:
Subpart 12.35--Crewmembers on a Passenger Ship, Other Than a Ro-Ro 
Passenger Ship, When on an International Voyage
Sec.
12.35-1 Purpose of rules.
12.35-3 Definition.
12.35-5 General requirements.

Subpart 12.35--Crewmembers on a Passenger Ship, Other Than a Ro-Ro 
Passenger Ship, When on an International Voyage


Sec.  12.35-1  Purpose of rules.

    The rules in this subpart establish requirements for the 
certification of seamen serving on passenger ships as defined in Sec.  
12.35-3.


Sec.  12.35-3  Definition.

    Passenger ship in this subpart means a ship, other than a Ro-Ro 
passenger ship, carrying more than 12 passengers when on an 
international voyage.


Sec.  12.35-5  General requirements.

    If you are an unlicensed person, then, before you may serve on a 
passenger ship and perform duties that involve safety or care for 
passengers, you must--
    (a) Meet the appropriate requirements of the STCW Regulation V/3 
and of section A-V/3 of the STCW Code (incorporated by reference in 
Sec.  12.01-3); and
    (b) Hold documentary evidence to show that you do meet these 
requirements through approved or accepted training.

PART 15--MANNING REQUIREMENTS

    30. The citation of authority for part 15 continues to read as 
follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 9102; Pub. L. 103-206, 107 Stat. 2439; 49 CFR 1.45 and 
1.46.


    31. In Sec.  15.1103, revise paragraph (d) to read as set forth 
below; redesignate paragraphs (e), (f), and (g) as paragraphs (f), (g), 
and (h), respectively; add a new paragraph (e) to read as set forth 
below; and revise the section heading and newly redesignated paragraphs 
(g) and (h) to read as follows:


Sec.  15.1103  Employment and service within restrictions of a license, 
document, and STCW endorsement or of a certificate of training.

* * * * *
    (d) You must hold documentary evidence to show you meet the 
requirements of Sec.  10.1005 (if licensed) or Sec.  12.30-5 (if 
unlicensed) of this chapter if you are a master or crewmember on board 
a Ro-Ro passenger ship to which a certificate signifying compliance 
with the International Convention for the Safety of Life at Sea, 1974, 
as amended (SOLAS), has been issued.
    (e) You must hold documentary evidence to show you meet the 
requirements of Sec.  10.1105 (if licensed) or Sec.  12.35-5 (if 
unlicensed) of this chapter if you are a master or crewmember on board 
a vessel that is--
    (1) Subject to the STCW;
    (2) Not a Ro-Ro passenger ship; and
    (3) Carrying more than 12 passengers when on an international 
voyage.
* * * * *
    (g) On board a seagoing vessel required to comply with provisions 
of the GMDSS in Chapter IV of SOLAS, no person may employ or engage any 
person to serve, and no person may serve, as the person designated to 
maintain GMDSS equipment at sea, when the service of a person so 
designated is used to meet the maintenance requirements of SOLAS 
Regulation IV/15, which allows for capability of at-sea electronic 
maintenance to ensure that radio equipment is available for radio 
communication, unless the person so serving holds documentary evidence 
that he or she is competent to maintain GMDSS equipment at sea.
    (h) After January 31, 2002, on board a seagoing vessel fitted with 
an Automatic Radar Plotting Aid (ARPA), no person may employ or engage 
any person to serve, and no person may serve, as the master, chief 
mate, or officer of the navigational watch, unless the person so 
serving has been trained in the use of ARPA in accordance with Sec.  
10.205 or Sec.  10.209 of this chapter, whichever is appropriate.

    Dated: October 18, 2002.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 02-27376 Filed 10-29-02; 8:45 am]
BILLING CODE 4910-15-P