[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Pages 17134-17158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8123]
[[Page 17133]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Parts 154 and 155
46 CFR Part 12, et al.
Qualifications for Tankermen, and for Persons in Charge of Transfers of
Dangerous Liquids and Liquefied Gases; Interim Final Rule
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules
and Regulations
[[Page 17134]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 154 and 155
46 CFR Parts 12, 13, 15, 30, 31, 35, 78, 90, 97, 98, 105, 151, 153,
and 154
[CGD 79-116]
RIN 2115-AA03
Qualifications for Tankermen, and for Persons in Charge of
Transfers of Dangerous Liquids and Liquefied Gases
AGENCY: Coast Guard, DOT.
ACTION: Interim rule.
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SUMMARY: The Coast Guard is issuing an interim rule that sets out
qualifications for tankermen, and for persons in charge of, and
assisting in, the handling, transfer, and transport of oil and certain
hazardous liquid cargoes in bulk aboard vessels. It intends the
establishment of training standards, of operational requirements, and
of a certification procedure to ensure that these persons are competent
to perform their duties even during emergencies. Implementation of this
rule will improve the handling, transfer, and transport of these
cargoes and reduce the risk and severity of spillage from tank vessels.
DATES: This interim rule is effective March 31, 1996. Comments must be
received by June 30, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA-2, 3406) (CGD 79-116), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to Room 3406 at the above address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: LCDR David C. Paxton, Project Manager,
Office of Marine Safety, Security, and Environmental Protection (G-
MVP), phone (202) 267-0224.
SUPPLEMENTARY INFORMATION: Although this is a rule, not a notice, it is
an interim rule; changes may be made, where warranted. Therefore,
interested persons may participate in evaluating this rule by
submitting written data, views, or arguments. Each written comment
should include the name and address of the person making it, identify
this rule (CGD 79-116) and the specific section of the rule to which
the comment applies, and give a reason for the comment. Please submit
two copies of each comment and attachment in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. A person desiring an acknowledgment that his or her comment has
been received should enclose a stamped, self-addressed postcard or
envelope. The Coast Guard will consider all comments received during
the comment period before it decides whether to modify or confirm this
rule.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at Room 3406, U.S. Coast Guard
Headquarters.
Drafting Information
The principal persons involved in drafting this document are LCDR
David C. Paxton, Project Manager, and Mr. Patrick J. Murray, Project
Counsel, Office of Chief Counsel.
Regulatory History
The Coast Guard published in the Federal Register a supplemental
notice of proposed rulemaking (SNPRM), on October 17, 1989: CGD 79-116
and CGD 79-116a (54 FR 42624), entitled, ``Tankerman Requirements and
Qualifications for Persons-in-Charge of Dangerous Liquid and Liquefied
Gas Transfer Operations''. The Coast Guard received 42 comments on this
SNPRM. No public meeting was requested, nor was one held.
Before the SNPRM, the Coast Guard had published in the Federal
Register two notices of proposed rulemaking (NPRMs), both on December
18, 1980: CGD 79-116 (45 FR 83290), with proposed rules for tankermen;
and CGD 79-116a (45 FR 83268), with proposed rules for persons in
charge of oil transfers. The Coast Guard combined these two rulemakings
in the SNPRM, and withdrew docket 79-116a as a distinct rulemaking.
Background and Purpose
Since the early 1970s, a number of major marine casualties have
occurred through human error and a lack of awareness on the part of
personnel involved in the handling, transfer, and transport of
dangerous liquids and liquefied gases as cargo on vessels. Among these
were the explosions of the M/V VENUS in 1972 and of the SS SANSINENA in
1976.
In 1978 there occurred two events that established a legal
framework for this interim rule. First, there was enacted the Port and
Tanker Safety Act (PTSA) (codified as 46 U.S.C., Chapter 37) of that
year, one of whose provisions required the Secretary of Transportation
to prescribe regulations on, among other things, personnel
qualifications and manning standards for tank vessels of the United
States. (The NPRMs published in 1980, on tankermen (45 FR 83290) and on
persons in charge of oil transfers (45 FR 83268), were intended to
implement, in part, that statutory mandate.) Second, there was adopted
the International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers (STCW), 1978, at a conference sponsored
by the International Maritime Consultative Organization (IMCO;
International Maritime Organization (IMO) since 1982). STCW and its
associated resolutions contain a number of regulations and
recommendations on training and qualifications for personnel with
responsibilities related to the cargo and cargo equipment on tankers.
During the 1980s the Coast Guard revised its rules on these in 46 CFR
parts 10 and 15, to render them compatible with STCW.
IMO developed a number of revisions to STCW. Among these revisions
was a set of amendments to Chapter V adding requirements for personnel
on tankers. (The amendments were adopted by the Maritime Safety
Committee in May 1994, and come into force in May 1995.) After these
amendments come into force, Chapter V will contain more detailed
requirements on training and qualifications than it does now; and
Administrations will have to ensure either that an authorized document
is issued to officers and rated personnel found qualified in accordance
with the new requirements or that an appropriate existing document is
endorsed. (Chapter V is undergoing a review along with the rest of
STCW, which should be complete in 1995. Amendments adopted at that time
will probably come into force in 1996 or 1997. If necessary, this
interim rule will be revised to conform with any new requirements due
to those amendments.)
Since the stranding of the M/V EXXON VALDEZ, Congress has enacted
the Oil Pollution Act of 1990. This statute, too, concerns manning
standards for tank vessels, including a requirement that the manning of
each of these vessels take into account ``the navigation, cargo
handling, and maintenance functions of that vessel for protection of
life, property, and the environment'' (Subsection 4114(c), amending 46
U.S.C. 8101(a)(3); emphasis added). This statute gives new impetus to
the development of rules for tankermen and for persons in charge of oil
transfers. [[Page 17135]]
In the last few years, the Coast Guard's Towing Safety Advisory
Committee (TSAC) has considered many of the issues addressed in the
SNPRM. TSAC has made valuable contributions to the development of these
regulations.
Discussion of Comments
All of the 42 comments on the SNPRM supported the SNPRM in
principle, and none recommended major changes. The Coast Guard takes
this to indicate that the SNPRM addressed all of the significant issues
raised by those who submitted comments on the NPRMs. The specific
comments are summarized and discussed below.
1. Persons in Charge (PICs) Under 33 CFR Parts 154 and 155
One comment recommended that a definition for Tankship should be
provided in part 154. The Coast Guard agrees and has added a definition
in Sec. 154.105.
One comment suggested that the wording of Sec. 155.700 be revised
to indicate that the person in charge (PIC) could be designated by name
or by position in the crew. The Coast Guard agrees with this suggestion
and has revised the wording of Sec. 155.700.
Another comment urged that the reference to in agent Secs. 155.700
and .710 be clarified. The Coast Guard agrees and has clarified the
sections.
One comment said that Sec. 155.710 should apply to any tankship
``required to be'' documented under the laws of the United States. The
Coast Guard agrees and has added appropriate language to
Sec. 155.710(a).
Three comments stated that the wording of Sec. 155.710(a)(1)(ii)
was unclear, particularly with reference to Boundary Lines. The Coast
Guard agrees, and has reworded the section and added a cross-reference
to 46 CFR part 7, where specific Boundary Lines are described, to
indicate that the Boundary Lines in that part apply to the rules in
Sec. 155.710.
One comment said the PIC should be required, under Sec. 155.710, to
be trained in and familiar with the emergency equipment aboard the
vessel, the oil-transfer procedures for that vessel, and requirements
and procedures for reporting spills. The Coast Guard agrees and has
revised Secs. 155.710(a)(1)(i), (b)(1)(i), (c)(1), and (d)(1).
One comment recommended that Sec. 155.710(e)(1) be revised to
clarify that the scope of the rule encompasses every vessel that must
be operated by a licensed person and not just by a licensed officer.
The Coast Guard agrees and has revised the section to refer to
``licensed person.''
2. Credentials of Personnel on Foreign-Flag Vessel Under 33 CFR Part
155
One comment stated that Secs. 155.710(c) and (d) should be amended
to allow qualifications for a PIC aboard a foreign tankship at a
shipyard or tank-cleaning facility to be satisfied by a marine
chemist's certificate issued from the National Fire Protection
Association. The Coast Guard agrees in substance and has added the
appropriate wording in Sec. 155.710(g).
One comment recommended that Sec. 155.710(c)(3) indicate that, for
vessels of countries signatory to STCW, a Dangerous-Cargo Endorsement
or Certificate issued by the flag state is sufficient to attest the
holder's qualifications. The Coast Guard agrees and has revised
Secs. 155.710(c)(3) and (d)(2).
One comment recommended adding a paragraph to require the operator
or agent to verify that the person designated as PIC of a transfer of
fuel oil aboard a foreign vessel holds a license or certificate
authorizing service as master, mate, pilot, or engineer. The Coast
Guard agrees and has added a paragraph to Sec. 155.710(e)(4).
3. Language of Crewmembers Under 33 CFR Part 155
Two comments wanted Secs. 155.710(c)(4) and (d)(3) revised to
clarify the required ability to communicate.
One comment stated that the rule should allow PICs to use any
mutually-agreed-upon language as an alternative to English. This
comment also urged that, if an interpreter is used, the interpreter be
fluent in the terminology of ships and of transfers. The Coast Guard
agrees and has incorporated these suggestions into Secs. 155.710(c)(4)
and (d)(3).
The other comment recommended adding a provision to require that
the PIC on a foreign vessel be able to communicate effectively with all
crewmembers involved in the transfer. If an interpreter is used, the
interpreter should be fluent in the terminology of ships and of
transfers. The Coast Guard agrees and has added Secs. 155.710(c)(5) and
(d)(4).
4. Certification of Tankerman, General (46 CFR Part 13, Subpart A)
One comment noted that the phrase ``grades of cargo (dangerous
liquids (DL), liquefied gases (LG), or specific products)'' is not a
technically precise term used throughout the shipping and pollution-
prevention regulations, and at best describes categories of cargo. The
Coast Guard doubts whether the lack of precision in any of these terms
will result in any confusion or misinterpretation, so it has left them
as they were.
One comment stated that the definition for liquid cargo in bulk
should include a reference to portable tanks. The Coast Guard agrees
and has augmented the definition in Sec. 13.103 with a reference to
portable tanks.
This comment also recommended revising the definition of tank
vessel. The Coast Guard has revised the definition to make it
consistent with the statutory definition in 46 U.S.C. 2101(39).
The Coast Guard has also added a definition of transfer as it
applies in this rulemaking.
One comment questioned whether Sec. 13.107(c) should require that a
Tankerman-Assistant maintain contact with the PIC during a transfer.
The Coast Guard agrees that it should and has added language requiring
this.
Two comments recommended changes to the provision on the Tankerman-
Engineer under Sec. 13.107(d). One observed that the primary
responsibility of a person with a Tankerman-Engineer endorsement on a
tank vessel carrying DL or LG is to maintain the cargo systems and
equipment for transfer of liquids aboard. The other urged a requirement
that a licensed person serving as a chief engineer, first assistant
engineer, or cargo engineer on an inspected tank vessel carrying liquid
cargo in bulk or cargo residue hold the Tankerman-Engineer endorsement.
The Coast Guard accepts both of these changes and has incorporated them
in the revision of Sec. 13.107(d).
One comment recommended that the rule clearly state that applicants
for restricted endorsements may apply to Coast Guard Regional
Examination Centers (RECs). The Coast Guard agrees and has revised
Sec. 13.111.
One comment suggested the replacement of the term discharge by the
term certificate of discharge. The Coast Guard has accomplished this
replacement in the appropriate paragraphs of Sec. 13.113.
One comment stated that it would be inequitable to give full credit
to a master or chief mate for service on a tankship and yet to give
only half credit to second and third mates for such service. The Coast
Guard agrees. Deck officers aboard tankships serve as PICs of
transfers, and their names appear on Declarations of Inspection and in
the deck logs upon relief of watches. The [[Page 17136]] Coast Guard
has revised Sec. 13.113(c)(iii)(B).
This comment also expressed concern over silence of the proposed
rule on second or third mates' qualifying for the DL or LG endorsements
on the Tankerman-PIC. The Coast Guard agrees and has changed
Sec. 13.113(c) to reflect that masters and mates aboard tankships
certificated to carry DL and LG may qualify for the appropriate
endorsement.
Another comment said that a tankerman certified under prior
regulations should have the option of passing a Coast Guard examination
to earn an endorsement as Tankerman-PIC (Barge), just as a new
applicant has the option of passing one under Sec. 13.301(f). The Coast
Guard has eliminated the option for an applicant to become a Tankerman-
PIC (Barge) by passing a Coast Guard examination. This is an adverse
change from the SNPRM, but both of the two reports--that of the Focus
Group, ``Licensing 2000 and Beyond'', and that of the Coast Guard,
``Review of Marine Safety Issues Related to Uninspected Towing
Vessels''--urge more emphasis on formalized methods of training and
less on passing a Coast Guard examination. The Coast Guard invites
comments on the elimination of the option. The Coast Guard has left
Sec. 13.113(d)(1)(ii) as it was and has eliminated the examination
option in Sec. 13.301.
A number of comments expressed the view that requiring service to
have occurred within three years of application to be valid under
Secs. 13.113(c)(1)(iii)(A)(1) and (d)(1)(iii) might penalize persons
with service less recent. The Coast Guard agrees and has revised these
sections, and Secs. 13.115(a) and (b), allowing service to be valid if
it has occurred within five years of application.
One comment rationalized that all engineers in service on LNG
tankships should be grandfathered because of the requirements they must
already meet. These engineers, however, should have no difficulty
acquiring the endorsement without grandfathering, because of those very
requirements. Therefore, the Coast Guard does not agree that
grandfathering is necessary or appropriate for these engineers, and has
left Sec. 13.115 as it was.
Numerous comments urged that the tankerman endorsement be subject
to an expiration date. The Coast Guard agrees with the intent of these
comments. The Oil Pollution Act of 1990 (OPA 90) mandated that U.S.
Merchant Mariners' Documents (MMDs) themselves be limited to five
years' duration, and 46 CFR 12.02-29 (59 FR 49302 (September 27, 1994))
now limits endorsements on MMDs to the same duration. Therefore, the
period of validity of the tankerman endorsement is tied to the term of
the MMD in Sec. 13.119. 46 CFR 12.02-27 now requires MMDs to expire
after five years. To help manage the work load over the initial five-
year renewal cycle, the Coast Guard will require individuals acting as
``Tankerman-PIC'', ``Tankerman-PIC (Barge)'', ``Tankerman-Engineer'',
and ``Tankerman-Assistant'' with the first renewal date of their MMDs,
under Sec. 12.02-27, that occurs after March 31, 1997, to obtain their
new tankerman endorsement. This change affects Secs. 13.113(a),
13.113(b), 13.115, and 13.117. The phase-in period allows tankermen a
minimum of two years to obtain a new endorsement, one year for the
effective date of this publication and one year until commencing the
five-year renewal cycle. A person who served as PIC for the transfer of
liquid cargoes in bulk listed in subchapter O but who did not require a
tankerman endorsement, because they were non-flammable or non-
combustible liquids, may continue to act as a PIC for those liquid
cargoes five years after the effective date of this rulemaking as
discussed in the SNPRM. After that point, the PIC must have obtained
his or her ``Tankerman-PIC (Barge)'' endorsement.
One comment suggested that licensed engineers and tankerman-
assistants with service on tankships under prior rules should be able
to invoke recency of service, too. The Coast Guard agrees that all
applicants alike should be able to invoke recency of service for an
original tankerman endorsement and has revised Sec. 13.123 to let them;
it has also revised the section to reflect that the service should
occur within five, not just three, years immediately preceding
application, keeping this section consistent with other sections
concerning recency of service.
The Coast Guard has added Sec. 13.127 as a general section on
service, both to consolidate the requirements for a service letter and
to determine the number and kinds of transfers.
5. ``Tankerman-PIC'' Endorsement (46 CFR Part 13, Subpart B)
One comment recommended that an applicant for an original
Tankerman-PIC endorsement be capable of reading and writing English.
The Coast Guard agrees that the PIC needs to be capable of
understanding the information contained in Declarations of Inspection,
vessel response plans, and Cargo Information Cards and it has added the
requirement to Secs. 13.201 and 13.301 for all PICs to demonstrate an
ability to read and understand English found in these items.
A number of comments indicated that an applicant for a Tankerman-
PIC endorsement should have participated in more than one commencement
of loading and more than one of discharge, and in more than one
completion of loading and more than one of discharge. The Coast Guard
agrees and has increased the number of commencements and completions
required to two each in Secs. 13.203(b)(2) and (3). At the same time,
however, it has left Sec. 13.203(c) unchanged.
One comment recommended that an applicant for a Tankerman-PIC
endorsement have to prove a working knowledge of a vessel's oil-
transfer procedures, of its emergency procedures, and requirements for
reporting oil spills. The Coast Guard agrees. Tankermen must become
familiar with the relevant characteristics of each vessel, with the
vessel's response plan, and with all appropriate procedures before
commencing a transfer, relieving the watch or duty, or completing a
transfer. The person certifying the service (signing the letter
attesting the service) of an applicant for tankerman should be
satisfied that the applicant is knowledgeable and able to manage liquid
cargo before certifying the service.
One comment questioned whether it was necessary to require that an
applicant be capable of calculating rates of loading and discharge. The
Coast Guard considers the ability to calculate such rates on tankships
an important aspect of ensuring safe transfers. It has required the
ability to calculate rates of loading in Sec. 13.127(a)(3)(vii).
However, the corresponding ability for rates of discharge does not
involve skills different in any significant way from those involved in
the ability for rates of loading, so the Coast Guard has not explicitly
required the ability for rates of discharge.
6. ``Tankerman-PIC (Barge)'' Endorsements (46 CFR Part 13, Subpart C)
One comment recommended that an applicant for an original
``Tankerman-PIC (Barge)'' endorsement be required both to take a
training course and to pass a Coast Guard examination. The Coast Guard
believes that a course, when coupled with the other standards under
Sec. 13.301, will provide satisfactory evidence that the applicant has
qualified for the endorsement. The Coast Guard has eliminated the
option for an applicant to become a Tankerman-PIC (Barge) by passing a
Coast Guard examination or by using extended service. The Coast Guard
has [[Page 17137]] revised Secs. 13.303 and .309 to require formal
training.
Three comments stated that the Coast Guard should require its own
examination whether or not an applicant completes a course. As above,
both of the two reports--that of the Focus Group, ``Licensing 2000 and
Beyond'', and that of the Coast Guard, ``Review of Marine Safety Issues
Related to Uninspected Towing Vessels''--urge more emphasis on
formalized methods of training and less on passing a Coast Guard
examination. The Coast Guard believes that formal training is the
appropriate method without the need for an additional examination,
while it effectively monitors approved training programs. The Coast
Guard has revised Sec. 13.309 to allow only formal training.
One comment suggested that the ability to read and write English
should be required of each applicant for an original ``Tankerman-PIC
(Barge)'' endorsement under Sec. 13.301, and for an original restricted
``Tankerman-PIC (Barge)'' endorsement under Sec. 13.111. The Coast
Guard agrees that all PICs need to be capable of understanding the
information in Declarations of Inspection, vessel response plans, and
Cargo Information Cards and it has added the requirement to
Secs. 13.201 and .301 for all PICs to demonstrate an ability to read
and understand English found in these items. It has revised
Sec. 13.111(d)(5) to require a similar ability respecting restricted
``Tankerman-PIC (Barge)'' endorsements.
All eight comments on service requirements indicated that a single
commencement or completion of loading and a single commencement or
completion of discharge was insufficient, and recommended that five
commencements and five completions be required. While the Coast Guard
agrees that every participation in these critical stages of a transfer
enhances an individual's qualifications, it does not consider a large
number of participations necessary to establish minimal qualification
for a ``Tankerman-PIC (Barge)'' endorsement. Therefore, it has revised
Sec. 13.303(b)(2) to require at least two commencements and two
completions of loading and Sec. 13.303(b)(3) to require at least two
commencements and two completions of discharge.
One comment urged that an applicant have to prove a working
knowledge of a vessel's oil-transfer procedures, its emergency
procedures, and requirements for reporting oil spills. As previously
stated, the person certifying the service of an applicant for tankerman
should be satisfied that the applicant is knowledgeable and able to
manage liquid cargo before certifying the service.
Three comments expressed the view that it was unnecessary to
require that an applicant for a ``Tankerman-PIC (Barge)'' endorsement
be capable of calculating rates of loading or discharge. These comments
said that a tankerman could monitor such rates on barges without
calculating them. The Coast Guard agrees and has eliminated these
requirements for ``Tankerman-PIC (Barge).''
One comment stated that the use of the term ``competent person'' in
these regulations might create confusion with regulations developed by
the Occupational Safety and Health Administration (OSHA) and the
National Fire Protection Association (NFPA), and recommended that the
jurisdictional boundaries between OSHA and the Coast Guard in safety of
personnel be clarified. The Coast Guard partly agrees, but believes
that requiring a shipyard worker to be certified by OSHA as a
``competent person'' to supervise gas-freeing and tank-cleaning will
cause no confusion. To eliminate any lingering confusion the Coast
Guard has eliminated ``competent person'' from the title of the
endorsement and renamed the restricted endorsement ``Tankerman-PIC
(Barge)'' restricted to a tank-cleaning and gas-freeing facility. The
Coast Guard doubts whether this rulemaking provides the appropriate
forum for addressing jurisdictional boundaries between agencies.
Another comment suggested that a new subpart describe requirements
for restricted ``Tankerman-PIC (Barge)'' endorsements. The Coast Guard
does not agree that such a separate subpart is needed. It considers the
use of restricted endorsements adequately addressed in Sec. 13.111 and
has combined all the restricted endorsements into this section.
7. ``Tankerman Assistant'' Endorsement (46 CFR Part 13, Subpart D)
One comment asserted that an applicant for an original ``Tankerman
Assistant'' endorsement should be able to read and write English. Since
the ``Tankerman Assistant'' is not in charge of the transfer and does
not have to sign the Declaration of Inspection, the Coast Guard
considers reading and writing non-essential to a safe transfer. It
considers the requirement that an applicant be capable of clearly
understanding and speaking all necessary instructions in English
adequate for qualification and, therefore, it has not revised
Sec. 13.401(f).
One comment found the requirement of recency in training
restrictive in that an applicant might have completed qualifying
courses before the cutoffs imposed in these regulations and so might
have to repeat the courses to satisfy the training. The Coast Guard
partly agrees. If training facilities request, the Coast Guard will
evaluate bona fide training courses in existence before the effective
date of these regulations and may let the student's completion satisfy
the training.
8. ``Tankerman-Engineer'' Endorsement (46 CFR Part 13, Subpart E)
One comment recommended that an applicant for a ``Tankerman-
Engineer'' endorsement be capable of reading and writing English. Since
the ``Tankerman-Engineer'' is not in charge of the transfer and does
not have to sign the Declaration of Inspection, the Coast Guard
considers reading and writing non-essential to a safe transfer. It
considers the requirement that an applicant be capable of clearly
understanding and speaking all necessary instructions in English
adequate for qualification and, therefore, it has not revised
Sec. 13.501(g).
One comment noted the use of the term ``cargo engineer'' for both
dangerous liquid and liquefied gas in Sec. 13.503. The Coast Guard has
included the definition of this term in Sec. 13.103 to cover both
dangerous-liquid and liquefied-gas tankships.
9. Manning-Requirements (46 CFR Part 15)
One comment stated that manning should depend on a vessel's
deadweight tonnage, which relates directly to cargo capacity, rather
than on gross tonnage. Because the statutes concerned with manning, and
regulations like this derived from them, base manning on gross tonnage,
the Coast Guard believes that it would be inappropriate to use another
criterion here. Therefore, it has retained the criterion of gross
tonnage in Sec. 15.860.
One comment urged that ships in service on the Great Lakes be
explicitly included in the provision relating to ships not certified
for voyages beyond the Boundary Lines. The Coast Guard agrees and has
revised Sec. 15.860(d).
This comment also suggested that a table of manning-requirements
would be useful and should be included in the final rule. The Coast
Guard agrees and has prepared two tables. Table 15.860(a)(1) lists the
minimal requirements for tankermen aboard manned tank vessels; Table
15.860(a)(2) lists the tankerman endorsements required for personnel
aboard tankships.
One comment recommended a change to take into account that not
every [[Page 17138]] tankship need carry a cargo engineer. The Coast
Guard agrees and has revised Sec. 15.860(f)(2) to address this
possibility.
One comment urged the Coast Guard to clarify that the PIC retains
authority over those crewmembers assigned duties and responsibilities
during a transfer though not directly supervised by the PIC. The Coast
Guard agrees that greater clarity to this effect is both possible and
desirable, and has revised Sec. 15.860(f)(4).
10. Operations of Tank Vessels (46 CFR Part 35)
One comment suggested that the ``owner and managing operator'' not
be assigned responsibility for certain matters relating to an unmanned
tank barge, since only the master or PIC of a towing vessel can oversee
these matters. While the Coast Guard recognizes that, in practice, the
master, operator, or PIC must see to the matters associated with the
responsibility, the owner should share responsibility for these
matters. This will encourage shoreside management to maintain some
superintendence of and involvement in the operation of these tank
barges. The Coast Guard has left Sec. 35.05-15(b)(1) substantially as
it was.
One comment recommended distinguishing leakage of cargo into the
water from leakage of water into tanks, and requiring checks for both.
The Coast Guard considers this a good idea and has revised Secs. 35.05-
15(b)(1) (i) and (iii).
One comment argued that addressing persons on duty only for any
documented tankship was too permissive; it urged addressing them also
for any tankship ``required to be documented''. The Coast Guard agrees
and has made this change to Sec. 35.35-1(a).
The same comment argued that addressing persons on duty only for
any inspected tank barge was too permissive; it urged addressing them
also for any tank barge ``required to be inspected''. The Coast Guard
agrees and has made this change to Sec. 35.35-1(b).
One comment recommended that the Declaration of Inspection Before
Transfer of Bulk Liquid Cargo contain a space for the PIC to identify
the product or products for transfer, by classification and kind. The
Coast Guard agrees and has added such a space to the form specified by
Sec. 35.35-30.
A rule instated since the SNPRM has established a requirement of
familiarity with the vessel response plan. This interim rule adds an
appropriate space to the form specified by Sec. 35.35-30.
11. Cargoes at Elevated Temperatures (46 CFR Part 36)
One comment recommended that certain sections of part 36 be deleted
as obsolete or as superseded by this interim rule. Because the SNPRM
did not address this issue, the Coast Guard does not consider this rule
the appropriate place to revise part 36.
12. Cargo Vessels and Miscellaneous Vessels (46 CFR Part 98)
One comment suggested requiring that the person designated as PIC,
for the transfer of liquid cargo in bulk to or from a portable tank on
a vessel subject to part 98, hold a license authorizing service as a
master, mate, pilot, operator, or engineer aboard that vessel ``when
liquid cargo in bulk of grade D or E is carried in limited amounts.''
The Coast Guard agrees and has added this phrase to Sec. 98.30-
17(b)(3)(i).
13. Commercial Fishing Vessels Dispensing Petroleum Products (46 CFR
Part 105)
One comment urged that the authority of the Coast Guard over
fishing vessels under this part needs to be clearly stated by reference
to 46 U.S.C. 4502 (the Commercial Fishing Industry Vessel Safety Act of
1988) in the citation of authority for the part. The Coast Guard agrees
and has amended the citation of authority for that part to include the
appropriate statutory citation. Although the Coast Guard will no longer
regulate certain fishing vessels as tank vessels, it will still
regulate them as fishing vessels.
14. Barges Carrying Cargoes of Liquid Hazardous Materials in Bulk (46
CFR Part 151)
Again, one comment recommended distinguishing leakage of cargo into
the water from leakage of water into tanks, and requiring checks for
both. The Coast Guard considers this a good idea and has revised
Secs. 151.45-2(f)(1) (i) and (iii).
15. Ships Carrying Hazardous Materials of Liquid, Liquefied Gas, or
Compressed Gas in Bulk (46 CFR Part 153); and Safety Standards for
Self-Propelled Vessels Carrying Liquefied Gases in Bulk (46 CFR Part
154)
One comment asked whether the Coast Guard meant that an operator
should communicate with the Officer in Charge, Marine Inspection
(OCMI), before each transfer to inform the OCMI that the PIC is
competent. The Coast Guard neither means nor believes that an operator
should so communicate. It has clarified the rule in Secs. 153.957(b)
and 154.1831(b) to indicate that the documentary evidence, to the
effect that the person designated as PIC is fully trained and is
competent to perform his or her duties, need be provided only when
requested by the OCMI.
One comment recommended clarification of Sec. 154.1831 to better
describe the qualifications of PICs on tank vessels in LG service. The
Coast Guard agrees and has modified this section to clarify the
qualifications required to conduct transfers of, and preparation of
tanks for, cargoes of LG.
16. Work Hours
The Coast Guard understands that the Oil Pollution Act (OPA) of
1990, section 4114, amends 46 U.S.C. 8104 as it limits hours of work
for licensed persons or seamen on a tanker and limits hours of work for
tankermen aboard tankers. No tankerman may perform work for more than
15 hours in any 24-hour period, or more than 36 hours in any 72-hour
period, except in an emergency or a drill. The term ``work'' includes
all administrative duties associated with the vessel whether performed
aboard the vessel or ashore.
The Coast Guard is deliberating new work-hour limits due to OPA for
foreign-flag vessels. These limits, under 46 U.S.C. Chapter 37, would
apply to all personnel involved in transfers whatever flags the vessels
fly. These limits would apply to any person serving as a tankerman
during the transfer of oil and of certain hazardous liquid cargoes in
bulk, when the transfer takes place in a port or other place subject to
the jurisdiction of the United States. Among the issues to weigh are
the definition of the class of personnel and the kind of transfer to
cover; the practical difficulties of ensuring compliance with such
limits in respect of a crewmember on a foreign vessel; and the cost of
effectively extending the limits to vessels other than tankers. The
Coast Guard invites comments on these issues and any others that bear
on including such limits in the final rule that will follow from this
interim rule.
17. Requirements for Training Courses
The outlines of curricula as printed in the SNPRM produced positive
comments and therefore move into this interim rule. The format has
changed to allow for easier reading and to reduce the length of this
rule.
One comment recommended that awareness of safe entry into confined
spaces be included in the curricula as acknowledgment of the hazards
associated with the products being either carried in cargo tanks or
transferred. The Coast Guard agrees with this recommendation and has
[[Page 17139]] included the subject in each course on cargo of DL or
LG.
18. Training Courses, Approval
An organization seeking approval by the Coast Guard of a course
required for a tankerman endorsement will have to apply in accordance
with 46 CFR 10.302 and meet the general requirement of 46 CFR 10.303.
The Coast Guard expects that the instructor of each course, except the
firefighting course, will hold as a minimum an MMD with a tankerman
endorsement appropriate for the course, or will establish equivalent
qualifications to the satisfaction of the Coast Guard. The firefighting
course for tank barges must include actual practice in extinguishing
fires; all other courses may include field training or simulation
instead. Satisfactory completion of an approved course will be
evidenced by a certificate, issued by the organization and signed by
the head of the organization or a designated representative.
The Coast Guard will evaluate courses including simulated transfer
of cargo to determine the credit allowed towards meeting the proposed
service requirements, and the certificates will reflect the credit
granted. The Coast Guard maintains a list of organizations conducting
approved courses. This information is available upon request by writing
to Commandant (G-MVP), U.S. Coast Guard, 2100 Second Street SW.,
Washington, DC 20593-0001; or by calling (202) 267-0214.
The Coast Guard has expanded the curricula for courses on cargoes
of DL and LG enough to cover vapor-control systems and to satisfy the
training requirements listed in 33 CFR 154.840. The course-outlines
reflect current efforts of the Coast Guard and marine industry on
training in vapor-control systems and on requirements for vessel
response plans, as mandated by subsection 311(j) of the Federal Water
Pollution Control Act (FWPCA) as amended by OPA 90.
The Coast Guard has eliminated the familiarization courses and is
requiring only four liquid-cargo courses and the firefighting course
for tank barges. It will evaluate for approval courses submitted for
transfer credit and refresher training.
The Coast Guard invites comments on the subjects of courses; the
appropriate minimal amounts of instruction; and the advisability of
substituting field training or simulations for actual practice.
Tankship: Dangerous Liquids. This course consists of a training
program appropriate to the duties of the Tankerman-PIC responsible for
loading and discharging and for care in transit of or handling cargo on
oil and chemical tankers; the course covers safety of oil and chemical
tankers, fire-safety measures and systems, pollution prevention and
control, operational practice, and regulations. It is designed to take
full account of STCW regulations V/1 and V/2. Successful completion of
it will satisfy the training requirements of Secs. 13.209, 13.309,
13.409, and 13.509 for dangerous liquids. To adequately cover the
required material, the Coast Guard reckons, the course must last 40
hours.
Tankship: Liquefied Gases. This course consists of a training
program appropriate to the duties of the Tankerman-PIC responsible for
loading and discharging and for care in transit of or handling cargo on
liquefied-gas tankers; the course covers safety of liquefied-gas
tankers, fire-safety measures and systems, pollution prevention and
control, operational practice, and regulations. It is designed to take
full account of STCW regulation V/3. Successful completion of it will
satisfy the training requirements of Secs. 13.209, 13.309, 13.409, and
13.509 for liquefied gases. To adequately cover the required material,
the Coast Guard reckons, the course must last 40 hours.
Tank barge: Dangerous Liquids. This course consists of a training
program appropriate to the duties of the Tankerman-PIC (Barge)
responsible for loading and discharging and for care in transit of or
handling cargo on oil and chemical tank barges; the course covers
safety of oil and chemical tank barges, fire-safety measures and
systems, pollution prevention and control, operational practice, and
regulations. Successful completion of it will meet the training
requirements of Sec. 13.309 for dangerous liquids. To adequately cover
the required material, the Coast Guard reckons, the course must last 40
hours.
Tank barge: Liquefied gases. This course consists of a training
program appropriate to the duties of the Tankerman-PIC (Barge)
responsible for loading and discharging and for care in transit of or
handling cargo on liquefied-gas tank barges; the course covers safety
of liquefied-gas tank barges, fire-safety measures and systems,
pollution prevention and control, operational practice, and
regulations. Successful completion of it will meet the training
requirements of Sec. 13.309 for liquefied gases. To adequately cover
the required material, the Coast Guard reckons, the course must last 40
hours.
Firefighting. The course in tank-barge firefighting consists of a
training program appropriate to the duties of the Tankerman-PIC (Barge)
responsible for fire-safety training. The methods must include hands-on
practice in extinguishing fires with portable fire extinguishers.
Successful completion of it will meet the requirements of Sec. 13.307
for fire-safety training. To adequately cover the required material,
the Coast Guard reckons, the course must last 16 hours. Successful
completion of a course approved by the Commandant and meeting the basic
firefighting section of the IMO's Resolution A.437 (XI), ``Training of
Crews in Fire Fighting'', will satisfy the requirements for
Secs. 13.207, 13.407, and 13.507, as well as for Sec. 13.307.
19. Other Comments
Several comments suggested changes of an editorial nature. Because
these are not of a substantive nature, the Coast Guard has not
discussed them in this preamble; but it has incorporated them
throughout this interim rule.
Regulatory Evaluation
This interim rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget (OMB) under that Order. It is not significant under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11040 (February 26, 1979)). In early 1980, the Coast Guard
performed a Regulatory Evaluation (with an Environmental Impact
Statement) on the proposed rule concerning qualifications of persons in
charge of transfers of oil and hazardous material and concerning
tankerman requirements and placed it in the rulemaking docket, where a
full Regulatory Evaluation later joined it. They may be inspected or
copied at the office of the Marine Safety Council (G-LRA) (CGD 79-116),
Room 3406, U.S. Coast Guard Headquarters, 2100 Second Street SW.,
Washington, DC, from 8 a.m. to 3 p.m., weekdays except Federal
holidays.
Although the Regulatory Evaluation was begun over 15 years ago, and
was finished in August 1989, the conclusions (given some updating of
the discount rates) remain valid. The costs associated with this rule
arise primarily from the training of tankermen. This rule requires
people serving as tankermen to obtain from the Coast Guard U.S.
Merchant Mariners' Documents endorsed as ``Tankerman-PIC'',
``Tankerman-PIC (Barge)'', restricted ``Tankerman-PIC'', restricted
``Tankerman-PIC (Barge)'', ``Tankerman-Assistant'', or ``Tankerman-
Engineer''. People serving as tankerman will have [[Page 17140]] to
meet standards for amounts of experience, for completion of training
courses, and for physical fitness.
Almost all of the costs resulting from this rule would arise from
the training of tankermen in firefighting and in transfers of liquid
cargoes. Firefighting training became a requirement for a license from
the Coast Guard in December 1988. For 92% of the licensed personnel
affected by this rule, the cost of this training is a cost of holding a
license, not of becoming a qualified tankerman. This training will
mainly increase the cost for unlicensed personnel applying for
tankerman endorsements. These personnel applying for these endorsements
will have to complete a liquid-cargo course. An applicant restricted to
specific cargoes or groups of cargoes, specific vessels, specific
facilities, specific employers, or the like need only take the
firefighting course. Expenses to complete the firefighting and liquid-
cargo courses will vary, depending on their sources; in-house courses
should cost less than courses offered by independent schools. Unless
their employers offer the courses, tankermen likely will bear the
expense for the training, and complete it on their own time. Tuition
might cost $100.00 a day, with courses lasting up to five days.
Miscellaneous expenses for travel, meals, and lodging will sometimes
accrue, too, at $20.00 to $100.00 a day. Since the endorsement is valid
for five years, the expense should spread over five years as well. If
the average for tankerman is five days of training, the expense will be
about $800.00 for the first five years, or about $160.00 a year. For
subsequent five-year intervals the applicant need only show two
transfers, not attend any other courses. So, for a tankerman serving 30
years, the expense will come to about $27.00 a year. Training 10,000
people at $27.00 a year costs $270,000.00 a year. Since about 800 new
tankermen enter the calling each year (at $800.00 a head), $640,000.00
must also be added each year to arrive at the total expense for the
industry--$910,000.00 a year. The public has recognized that there is a
tremendous need for improving the qualification and training of
personnel in transfer and in pollution prevention, to prevent accidents
and pollution. This rule will go toward reducing the risks of accidents
and pollution affecting the United States. Statistical research has
shown that American society is willing to pay $2.6 million to save just
one life. Hence, even if this rule saves only one life each year, the
benefit outweighs the expense by about $1.7 million a year.
This rule will not increase manning, but will require personnel
already in the calling to receive training and documentation related to
their service. Most tank-vessel companies already require high
standards of experience and training for people serving as tankermen.
Since this rule does not require any large expenditures by the maritime
industry, consumers, or Federal, State, or local governments, the Coast
Guard does not expect it to have significant economic impact.
Small Entities
The Coast Guard certifies that this interim rule will not have a
significant economic impact on a substantial number of small entities.
This rule applies to U.S. Merchant Mariners' Documents endorsed as
``Tankerman'' issued to individuals only. The effect on training
schools would be to formalize the requirements to attend such industry-
specific training; now, such training is optional for individuals
serving as tankermen at the discretion of the owner or operator.
Therefore, the Coast Guard certifies under subsection 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will
not have a significant economic impact on a substantial number of small
entities.
Collection of Information
Under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.], OMB
reviews each proposed rule that contains a collection-of-information
requirement to determine whether the practical value of the information
is worth the burden imposed by its collection. Collection-of-
information requirements include reporting, recordkeeping,
notification, and other, similar requirements.
This interim rule contains collection-of-information requirements
in the following sections: 13.107, 13.109, 13.111, 13.113, 13.115,
13.117, 13.123, 13.201, 13.301, 13.401, 13.501. The following
particulars apply:
DOT No.: 2115.
OMB Control No.: 2115-0514 and 2115-0111.
Administration: U.S. Coast Guard.
Title: Qualifications for Tankermen, and for Persons in Charge of
Transfers of Dangerous Liquids and Liquefied Gases.
Need for Information: The Port and Tanker Safety Act (PTSA)
[codified as 46 U.S.C., Chapter 37] required the Secretary of
Transportation to prescribe regulations on, among other things,
personnel qualifications and manning standards for tank vessels of the
United States.
Proposed use of Information: This information is used by the Coast
Guard licensing officer at an REC. It is used to determine the
applicant's qualification to receive or continue to hold a tankerman's
endorsement to an MMD.
Frequency of Response: Every five years.
Burden Estimate: The Coast Guard estimates the total annual burden
on merchant mariners will be 8,900 hours.
Respondents: The regulatory impact will bear upon about 10,700
respondents.
Form(s): Application for Original, Supplemental, or Duplicate
Merchant Mariner's Document, CG-719B.
Average Burden-Hours for Each Respondent: The average burden hours
for each respondent is 0.83 hours (50 minutes).
The Coast Guard has submitted the requirements to OMB for review
under subsection 3504(h) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments
both to OMB and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this interim rule in accordance with
the principles and criteria contained in Executive Order 12612. It has
determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Environment
The overall effect of this interim rule will be to reduce the
amount of oil entering the navigable waters of the United States. The
adverse environmental effect of this rule will be nil. As far as the
Coast Guard can determine, this rule neither accomplishes short-term
environmental gains at the cost of long-term losses or the converse,
nor forecloses any future options, nor entails any significant
irreversible or irretrievable commitments of resources.
What little environmental impact this rule entails is positive. An
Environmental Assessment and a draft Finding of No Significant Impact
are available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 154
Environmental protection, Oil pollution, Facilities, Water
pollution control, Vapor control. [[Page 17141]]
33 CFR Part 155
Environmental protection, Oil pollution, Vessels, Water pollution
control.
46 CFR Part 7
Boundary lines.
46 CFR Part 12
Seamen.
46 CFR Part 13
Seamen, Tank vessels, Barges.
46 CFR Part 15
Seamen, Vessels.
46 CFR Part 30
Administrative practice and procedure, Foreign relations, Hazardous
materials transportation, Penalties, Tank vessels, Barges.
46 CFR Part 31
Marine safety, Tank vessels, Barges, Law enforcement, Flammable
materials.
46 CFR Part 35
Marine safety, Navigation (water), Reporting requirements, Tank
vessels, Barges, Seamen.
46 CFR Part 78
Passenger vessels, Marine safety, Foreign trade, Treaties.
46 CFR Part 90
Cargo vessels, Marine safety, Administrative practice and
procedure, Authority delegation.
46 CFR Part 97
Cargo vessels, Marine safety, Reporting requirements.
46 CFR Part 98
Cargo vessels, Hazardous materials transportation, Marine safety.
46 CFR Part 105
Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum.
46 CFR Part 151
Hazardous materials transportation, Marine safety, Flammable
material, Tank vessels, Barges.
46 CFR Part 153
Hazardous materials transportation, Marine safety, Tank vessels,
Barges.
46 CFR Part 154
Hazardous materials transportation, Marine safety, Tank vessels.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR parts 154 and 155, and 46 CFR parts 7, 12, 13, 15, 30, 31, 35, 78,
90, 97, 98, 105, 151, 153, and 154, as set forth below:
Title 33--Navigation and Navigable Waters
SUBCHAPTER O--POLLUTION
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
1. The authority citation for part 154 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and
(m)(2); Sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is
also issued under 33 U.S.C. 2735.
2. Section 154.105 is amended by adding definitions as follows:
Sec. 154.105 Definitions.
Boundary Line means the lines described in 46 CFR Part 7.
* * * * *
STCW means the International Convention on Standards of Training,
Certification, and Watchkeeping for Seafarers, 1978.
* * * * *
Tankship means any tank vessel constructed or adapted primarily to
carry oil or hazardous material in bulk as cargo or as cargo residue
and propelled by power or sail.
* * * * *
PART 155--PREVENTION OF POLLUTION BY OIL OR HAZARDOUS MATERIAL FROM
VESSELS
3. The authority citation for Part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; Sec. 2, E.O.
12777, 56 FR 54757; 49 CFR 1.46. Sections 155.100 through 155.130,
155.350 through 155.400, 155.430, 155.440, 155.470, and 155.1010
through 155.1070, are also issued under 33 U.S.C. 1903(b); and
sections 155.1110 and 155.1150 are also issued under 33 U.S.C. 2735.
4. Section 155.700 is revised to read as follows:
Sec. 155.700 Designation of person in charge.
The operator or agent of each vessel with a capacity for 250 or
more barrels of fuel oil, cargo oil, or hazardous material shall
designate, either by name or by position in the crew, the person in
charge (PIC) or PICs of each transfer to or from the vessel and of each
tank-cleaning.
5. Section 155.710 is revised to read as follows:
Sec. 155.710 Qualifications of person in charge.
(a) On each tankship required to be documented under the laws of
the United States, the operator or agent of the vessel, or the person
who arranges and hires a person to be in charge either of a transfer of
liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or
her satisfaction that each person designated as a PIC--
(1) Of a transfer of liquid cargo in bulk--
(i) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged, including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the systems for
crude-oil washing, inert gas, and vapor control, to safely conduct a
transfer;
(ii) Holds a license issued under 46 CFR part 10 authorizing
service aboard a vessel certified for voyages beyond the Boundary Line,
as described by 46 CFR part 7, except on tankships not certified for
voyages beyond the Boundary Line; and
(iii) Holds a ``Tankerman-PIC'' endorsement issued under 46 CFR
part 13 that authorizes the holder to supervise the transfer of the
particular cargo involved; and
(2) Of cargo-tank cleaning meets paragraph (a)(1) of this section,
except-
(i) A Coast Guard license is not required; and
(ii) If the tankship is at a tank-cleaning facility or shipyard, he
or she may hold a marine chemist's certificate issued by the National
Fire Protection Association, in lieu of a ``Tankerman-PIC''
endorsement.
(b) On each tank barge required to be inspected under 46 U.S.C.
3703, the operator or agent of the vessel, or the person who arranges
and hires a person to be in charge of a transfer of liquid cargo in
bulk, shall verify to his or her satisfaction that each PIC--
(1) Of a transfer of liquid cargo in bulk--
(i) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged, including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the systems for
crude-oil washing, inert gas, and vapor control, to safely conduct a
transfer; and
(ii) Holds a ``Tankerman-PIC'' or ``Tankerman-PIC (Barge)''
endorsement [[Page 17142]] issued under 46 CFR part 13 that authorizes
the holder to supervise the transfer of the particular cargo involved;
and
(2) Of cargo-tank cleaning meets paragraph (b)(1) of this section,
except that, if the tank barge is at a tank-cleaning facility or
shipyard, he or she may hold a marine chemist's certificate issued by
the National Fire Protection Association, in lieu of a ``Tankerman-
PIC'' or ``Tankerman-PIC (Barge)'' endorsement.
(c) On each foreign tankship, the operator or agent of the vessel
shall verify to his or her satisfaction that each PIC either of a
transfer of liquid cargo in bulk or of cargo-tank cleaning--
(1) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged, including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the systems for
crude-oil washing, inert gas, and vapor control, to safely conduct
either a transfer of liquid cargo in bulk or cargo-tank cleaning;
(2) Holds a license or other document issued by the flag state or
its authorized agent authorizing service as master, mate, pilot,
engineer, or operator on that vessel;
(3) Holds a Dangerous-Cargo Endorsement or Certificate issued by a
flag state party to STCW, or other form of evidence acceptable to the
Coast Guard, attesting the PIC's meeting the requirements of Chapter V
of STCW as a PIC either of the transfer of oil, chemical, or liquefied
gas or of cargo-tank cleaning, as appropriate to the cargo;
(4) Is capable of reading, speaking, and understanding in English,
or a language mutually-agreed-upon with the shoreside PIC of the
transfer, all instructions needed to commence, conduct, and complete a
transfer of cargo, except that the use of an interpreter meets this
requirement if the interpreter--
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the PIC on the tankship at all
times during the transfer; and
(iii) Is knowledgeable about, and conversant with terminology of,
ships and transfers; and
(5) Is capable of effectively communicating with all crew-members
involved in the transfer, with or without an interpreter.
(d) On each foreign tank barge, the operator or agent of the vessel
shall verify to his or her satisfaction that each PIC either of the
transfer of liquid cargo in bulk or of cargo-tank cleaning--
(1) Has sufficient training and experience with the relevant
characteristics of the vessel on which engaged, including the cargo for
transfer, the cargo-containment system, the cargo system (including
transfer procedures, and shipboard-emergency equipment and procedures),
the control and monitoring systems, the procedures for reporting
pollution incidents, and, if installed, the systems for crude-oil
washing, inert gas, and vapor control, to safely conduct a transfer;
(2) Holds a Dangerous-Cargo Endorsement or Certificate issued by a
flag state party to STCW, or other form of evidence acceptable to the
Coast Guard, attesting the PIC's meeting the requirements of Chapter V
of STCW as a PIC either of the transfer of oil, chemical, or liquefied
gas or of cargo-tank cleaning, as appropriate to the cargo;
(3) Is capable of reading, speaking, and understanding, in English
or a mutually-agreed-upon language with the PIC of the transfer, all
instructions needed to commence, conduct, and complete a transfer of
cargo, except that the use of an interpreter meets this requirement if
the interpreter--
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the PIC on the tank barge at all
times during the cargo transfer; and
(iii) Is knowledgeable about, and conversant with terminology of,
ships and transfers; and
(4) Is capable of effectively communicating with all crew-members
involved in the transfer, with or without an interpreter.
(e) The operator or agent of each vessel to which this section
applies shall verify to his or her satisfaction that the PIC of the
transfer of fuel oil--
(1) On each vessel required by 46 CFR chapter I to have a licensed
person aboard, holds a valid license issued under 46 CFR part 10
authorizing service as a master, mate, pilot, engineer, or operator
aboard that vessel.
(2) On each uninspected vessel of 100 or more gross tons, has been
instructed by the operator or agent of the vessel both in his or her
duties and in the Federal statutes and regulations on water pollution
that apply to the vessel.
(3) On each tank barge, for the vessel's own engine-driven pumps
has been instructed both in his or her duties and in the Federal
statutes and regulations on water pollution.
(4) On each foreign vessel, holds a license or certificate issued
by a flag state party to STCW, or other form of evidence acceptable to
the Coast Guard, attesting the qualifications of the PIC to act as
master, mate, pilot, operator, engineer, or tankerman aboard that
vessel.
(f) The operator or agent of each vessel carrying oil or hazardous
material in bulk other than a tank vessel shall verify to his or her
satisfaction that the PIC either of the transfer of oil or hazardous
material in bulk to or from a vessel or of cargo-tank cleaning--
(1) For cargo of grade D or E, holds a valid license or certificate
authorizing service as a master, mate, pilot, engineer, or operator
aboard that vessel; and
(2) For either cargo of grade C or above, regulated under 46 CFR
part 153, or liquefied gas, holds a valid license or certificate
authorizing service as a master, mate, pilot, engineer, or operator
aboard that vessel and a ``Tankerman-PIC'' endorsement, or other
documents acceptable to the Coast Guard attesting the holder's
qualifications to act as the PIC for the cargo carried.
(g) The PIC of cargo-tank cleaning on a vessel at a tank-cleaning
facility or shipyard need not hold any of the documents required in
paragraphs (a) through (f) of this section, if he or she holds a marine
chemist's certificate issued by the National Fire Protection
Association.
Title 46--Shipping
PART 12--CERTIFICATION OF SEAMEN
8. The authority citation for part 12 is revised to read as
follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 2110, 7301, 7701; 49
CFR 1.46.
Sec. 12.01-5 [Amended]
9. Paragraph (d) of Sec. 12.01-5 is removed.
Secs. 12.20-1, 12.20-3, and 12.20-5 (Subpart 12.20) [Removed]
10. Subpart 12.20, consisting of Secs. 12.20-1, 12.20-3, and 12.20-
5, is removed.
11. Part 13 is added to read as follows:
PART 13--CERTIFICATION OF TANKERMEN
Subpart A--General
Sec.
13.101 Purpose.
13.103 Definitions.
13.105 Paperwork approval.
13.107 Tankerman endorsement: General.
13.109 Tankerman endorsement: Authorized cargoes. [[Page 17143]]
13.111 Restricted endorsement.
13.113 Tankerman certified under prior regulations.
13.115 Licensed engineer: Endorsement as Tankerman-Engineer based on
service on tankships before March 31, 1996.
13.117 Any person: Endorsement as Tankerman-Assistant based on
unlicensed deck service before March 31, 1996.
13.119 Expiration of endorsement.
13.120 Renewal of endorsement.
13.121 Courses for training tankerman.
13.123 Recency of service or experience for original tankerman
endorsement.
13.125 Physical requirements.
13.127 Service requirements: General.
13.129 Quick-reference table for tankerman.
Subpart B--Requirements for ``Tankerman-PIC'' Endorsement
13.201 Original application for ``Tankerman-PIC'' endorsement.
13.203 Eligibility requirements: Experience.
13.305 Proof of service for ``Tankerman-PIC'' endorsement.
13.207 Eligibility requirements: Firefighting course.
13.209 Eligibility requirements: Cargo course.
Supart C--Requirements for ``Tankerman-PIC (Barge)'' Endorsement
13.301 Original application for ``Tankerman-PIC (Barge)''
endorsement.
13.303 Eligibility requirements: Experience.
13.305 Proof of service for ``Tankerman-PIC (Barge)'' endorsement.
13.307 Eligibility requirements: Firefighting course.
13.309 Eligibility requirements: Cargo course.
Subpart D--Requirements for ``Tankerman-Assistant'' Endorsement
13.401 Original application for ``Tankerman-Assistant'' endorsement.
13.403 Eligibility requirements: Experience.
13.405 Proof of service for ``Tankerman-Assistant'' endorsement.
13.407 Eligibility requirements: Firefighting course.
13.409 Eligibility requirements: Cargo course.
Subpart E--Requirements for ``Tankerman-Engineer'' Endorsement
13.501 Original application for ``Tankerman-Engineer'' endorsement.
13.503 Eligibility requirements: Experience.
13.505 Proof of service for ``Tankerman-Engineer'' endorsement.
13.507 Eligibility requirements: Firefighting course.
13.509 Eligibility requirements: Cargo course.
Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; 49 CFR 1.46.
Subpart A--General
Sec. 13.101 Purpose.
This part describes the various tankerman endorsements issued by
the Coast Guard and prescribes the requirements for obtaining an
endorsement as a ``Tankerman-PIC,'' ``Tankerman-PIC (Barge),''
``Tankerman-Assistant,'' or ``Tankerman-Engineer'' to a merchant
mariner's document.
Sec. 13.103 Definitions.
As used in this part:
Cargo Engineer means a licensed person on a dangerous-liquid
tankship or a liquefied-gas tankship whose primary responsibility is
maintaining the cargo system and cargo-handling equipment.
Competent person means a person designated as such in accordance
with 29 CFR 1915.7.
Dangerous liquid means a liquid listed in 46 CFR 153.40 that is not
a liquefied gas as defined in this part. Liquid cargoes in bulk listed
in 46 CFR Part 153, Table 2, are not dangerous-liquid cargoes when
carried by non-oceangoing barges.
DL means dangerous liquid.
IMO means the International Maritime Organization.
Liquefied gas means a cargo that has a vapor pressure of 172 kPa
(25 psia) or more at 37.8 C (100 F).
LG means liquefied gas.
Liquid cargo in bulk means a liquid or liquefied gas listed in 46
CFR 153.40 and carried as a liquid cargo or liquid-cargo residue in
integral, fixed, or portable tanks.
Marine chemist means a person certificated by the National Fire
Protection Association.
MMD means a merchant mariner's document issued by the Coast Guard.
Participation, when used with regard to the service on transfers
required for tankerman by Sec. 13.120, 13.203, or 13.303, means either
actual participation in the transfers or close observation of how the
transfers are conducted and supervised.
PIC means a person in charge.
Restricted Tankerman endorsement means a valid tankerman
endorsement to an MMD restricted to specific cargoes or groups of
cargoes, specific vessels, specific facilities, specific employers, or
the like.
Simulated transfer means a transfer practiced in a course meeting
the requirements of Sec. 13.121 that uses simulation supplying part of
the service on transfers required for tankerman by Sec. 13.203 or
13.303.
Tank barge means a non-self-propelled tank vessel.
Tank vessel means a vessel constructed or adapted to carry, or a
vessel that carries, oil or hazardous material in bulk as cargo or
cargo residue.
Tankerman-Assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her MMD.
Tankerman-Engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her MMD.
Tankerman-PIC means a person holding a valid ``Tankerman-PIC''
endorsement to his or her MMD.
Tankerman-PIC (Barge) means a person holding a valid ``Tankerman-
PIC (Barge)'' endorsement to his or her MMD.
Tankship means any tank vessel constructed or adapted primarily to
carry oil or hazardous material in bulk as cargo or as cargo residue
and propelled by power or sail.
Transfer means any movement of dangerous liquid or liquefied gas as
cargo in bulk or as cargo residue to, from, or within a vessel by means
of pumping, gravitation, or displacement. Section 13.127 describes what
qualifies as participation in a creditable transfer.
Sec. 13.105 Paperwork approval.
(a) This section lists the control numbers assigned by the Office
of Management and Budget (OMB) under the Paperwork Reduction Act of
1980 [Pub. L. 96-511] for the reporting and recordkeeping requirements
in this part.
(b) OMB has assigned the following control numbers to the sections
indicated:
(1) OMB 2115-0514--46 CFR 13.113, 13.115, 13.117, 13.201, 13.203,
13.205, 13.301, 13.303, 13.305, 13.401, 13.403, 13.405, 13.501, 13.503,
13.505.
(2) OMB 2115-0111--46 CFR 13.121, 13.207, 13.209, 13.307, 13.309,
13.407, 13.409, 13.507, 13.509.
Sec. 13.107 Tankerman endorsement: General.
(a) If an applicant meets the requirements of subpart B of this
part, the Officer in Charge, Marine Inspection (OCMI), at a Regional
Examination Center (REC) may endorse his or her MMD as ``Tankerman-
PIC'' with the appropriate cargo classification or classifications. A
person holding this endorsement and meeting the other requirements of
33 CFR 155.710(a) may act as a PIC of transfers of liquid cargo in bulk
on either tankships or tank barges.
(b) If an applicant meets the requirements of Subpart C of this
part, the OCMI may endorse his or her MMD as ``Tankerman-PIC (Barge)''
with the appropriate cargo classification or classifications. A person
holding this endorsement and meeting the other requirements of 33 CFR
155.710(b) may act as a PIC of transfers of liquid cargo in bulk only
on tank barges.
(c) If an applicant meets the requirements of subpart D of this
part, the OCMI may endorse his or her MMD [[Page 17144]] as
``Tankerman-Assistant'' with the appropriate cargo classification or
classifications. No person holding this endorsement may act as a PIC of
any transfer of liquid cargo in bulk unless he or she also holds an
endorsement authorizing service as PIC. He or she may, however, perform
duties relative to cargo and cargo-handling equipment assigned by the
PIC of transfers of liquid cargo in bulk without being under the direct
supervision of the PIC. When performing these duties, he or she shall
maintain continuous two-way voice communications with the PIC.
(d) If an applicant meets the requirements of subpart E of this
part, the OCMI may endorse his or her MMD as ``Tankerman-Engineer.'' No
person holding this endorsement may act as a PIC or ``Tankerman-
Assistant'' of any transfer of liquid cargo in bulk unless he or she
also holds an endorsement authorizing such service. A person holding
this endorsement and acting in this capacity has the primary
responsibility on tank vessels carrying dangerous liquids and liquefied
gases for maintaining the cargo systems and equipment for transfer of
liquids in bulk aboard and for bunkering. No person licensed under part
10 of this chapter may serve as a chief engineer, first assistant
engineer, or cargo engineer aboard an inspected tankship when liquid
cargo in bulk or cargo residue is carried unless he or she holds this
endorsement.
(e) If an applicant meets the requirements of Sec. 13.111 of this
part, the OCMI may endorse his or her MMD as a ``Tankerman-PIC'' with a
specific restriction or restrictions. A person holding this endorsement
may act as Tankerman-PIC or Tankerman-PIC (Barge) for specific cargoes
or groups of cargoes, specific vessels, specific facilities, specific
employers, or the like.
(f) A tankerman wishing to obtain an endorsement that he or she
does not hold shall apply at an REC listed in Sec. 10.105 of this
chapter. If he or she meets all requirements for the new endorsement,
the REC may issue a new MMD including the endorsement.
Sec. 13.109 Tankerman endorsement: Authorized cargoes.
(a) Each tankerman endorsement described in Sec. 13.107 will
expressly limit the holder's service under it to transfers involving
one or both of the following cargo classifications:
(1) Dangerous liquid (DL).
(2) Liquefied gas (LG).
(b) No tankerman endorsement is necessary to transfer the liquid
cargoes in bulk listed in Table 2 of Part 153 of this chapter when
those cargoes are carried on barges not certified for ocean service.
(c) A tankerman having qualified in one cargo classification and
wishing to qualify in another shall apply at an REC listed in
Sec. 10.105 of this chapter. If he or she meets all requirements for
the other, the REC may issue a new MMD including the endorsement.
Sec. 13.111 Restricted endorsement.
(a) An applicant may apply at an REC listed in 46 CFR 10.105 for a
tankerman endorsement restricted to specific cargoes or groups of
cargoes, specific vessels, specific facilities, specific employers, or
the like. The OCMI will evaluate each application and may modify the
applicable requirements for the endorsement, making allowance for
special circumstances and for whichever restrictions the endorsement
will state.
(b) To qualify for a restricted ``Tankerman-PIC'' endorsement, an
applicant shall meet Sec. 13.201, excluding paragraph (f).
(c) To qualify for a restricted ``Tankerman-PIC (Barge)''
endorsement, an applicant shall meet Sec. 13.301, excluding paragraph
(f).
(d) To qualify for a restricted ``Tankerman-PIC (Barge)''
endorsement restricted to a tank-cleaning and gas-freeing facility, an
applicant shall--
(1) Be at least 18 years old;
(2) Apply on a Coast Guard form;
(3) Present evidence of passing a physical examination in
accordance with Sec. 13.125;
(4) Present evidence in the form of a letter on company letterhead
from the operator of the facility stating that OSHA considers the
applicant a ``competent person'' for the facility and that the
applicant has the knowledge necessary to supervise tank-cleaning and
gas-freeing; and
(5) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo, and of reading the English found in the Declaration of
Inspection, vessel response plans, and Cargo Information Cards.
(e) The restricted ``Tankerman-PIC (Barge)'' endorsement restricted
to a tank-cleaning and gas-freeing facility is valid only while the
applicant is employed by the operator of the facility that provided the
letter of service required by paragraph (d)(4) of this section, and
this and any other appropriate restrictions will appear in the
endorsement.
Sec. 13.113 Tankerman certified under prior regulations.
(a) A person who holds a license issued under part 10 of this
chapter, and who as a PIC transferred liquid cargoes in bulk before
March 31, 1996, may continue to serve as a ``Tankerman-PIC'' under the
license until the first renewal of his or her MMD under 12.02-27 of
this chapter that occurs after March 31, 1997, as follows:
(1) A person holding a current license issued under part 10 of this
chapter may act as a ``Tankerman-PIC'' if he or she can produce a
letter on company letterhead from the owner, operator, master, or chief
engineer of the vessel that proves his or her qualifying service as
required by paragraph (d)(1)(iii) of this section.
(2) A person that cannot produce a letter to prove his or her
qualifying service may submit relevant evidence to an REC for
evaluation. If the OCMI determines that the person does qualify under
paragraph (a) of this section, the OCMI will issue a letter of
acknowledgment as a substitute for a letter of service.
(b) A person who holds a current ``Tankerman'' endorsement issued
before March 31, 1996, may continue to serve as a Tankerman-PIC (Barge)
until the first renewal of his or her MMD under Sec. 12.02-27 of this
chapter that occurs after March 31, 1997. If a person with such an
endorsement qualifies for a non-tankerman endorsement that requires a
new MMD, he or she may bring the tankerman endorsement forward onto the
new MMD.
(c) A person who served as PIC for the transfer of liquid cargoes
in bulk listed in subchapter O but who did not require a tankerman
endorsement, because they were non-flammable or non-combustible
liquids, may act as a ``Tankerman-PIC (Barge)'' for those liquid
cargoes until March 31, 2001, if he or she produces a letter--on
company letterhead, from the owner or operator of a terminal or of a
tank barge or from the owner, operator, or master of a tankship that
proves his or her qualifying service as required by paragraph
(e)(1)(iii) of this section.
(d) A person that qualifies under paragraph (a) of this section by
holding a current license may apply for a ``Tankerman-PIC'' endorsement
under this subpart.
(1) To qualify for a ``Tankerman-PIC'' endorsement, a licensed
officer shall present--
(i) A certificate of completion from a course in shipboard
firefighting approved by the Commandant and meeting the basic
firefighting section of the IMO's Resolution A.437 (XI),
[[Page 17145]] ``Training of Crews in Fire Fighting'', or a certificate
of completion from a firefighting course before March 31, 1996, that
the OCMI finds in substantial compliance with that section;
(ii) A certificate of completion from a liquid-cargo course in DL
or LG approved by the Commandant, appropriate to the endorsement
applied for, or a certificate of completion from a liquid-cargo course
in DL or LG up to ten years before March 31, 1996, that the OCMI finds
acceptable under Secs. 13.121(e) (1) and (2), appropriate to the
endorsement applied for; and
(iii) Evidence of service as follows:
(A) A letter on company letterhead from the owner, operator,
master, or chief engineer of the vessel attesting that the applicant--
(1) Acted as the PIC of the transfer of DL or LG, appropriate to
the endorsement applied for, on tankships before March 31, 1996, and
has so acted within five years of the date of application; or
(2) Served at least 30 days as a master or mate on tankships
certified to carry DL or LG, appropriate to the endorsement applied for
before March 31, 1996, and has so acted within five years of the date
of application; or
(B) Certificates of Discharge proving at least 30 days of service
as master or mate on tankships certified to carry DL or LG, appropriate
to the endorsement applied for before March 31, 1996, with a discharge
date within five years of the date of application.
(2) To qualify for a restricted ``Tankerman-PIC'' endorsement,
based on his or her cargo-handling experience for the grades handled,
an applicant shall meet paragraphs (d)(1) (i) and (iii) of this
section.
(e) A person who qualifies under paragraph (b) of this section by
holding a current ``Tankerman'' endorsement or under paragraph (c) of
this section by having served as PIC for the transfer of liquid cargoes
in bulk that are listed in subchapter O but that did not require a
tankerman endorsement may apply for a ``Tankerman-PIC (Barge)''
endorsement under this subpart.
(1) To qualify for a ``Tankerman-PIC (Barge)'' endorsement, an
applicant shall present--
(i) Evidence of training in firefighting in the form of--
(A) A certificate of completion from a course in shipboard
firefighting approved by the Commandant and meeting the basic
firefighting section of the IMO's Resolution A.437 (XI), ``Training of
Crews in Fire Fighting'', or a certificate of completion from such a
course before March 31, 1996, that the OCMI finds in substantial
compliance with that section;
(B) A certificate of completion from a training course meeting
Sec. 13.121 in tank-barge firefighting or a certificate of completion
from a course in tank-barge firefighting before March 31, 1996, that
the OCMI finds in substantial compliance with Sec. 13.121; or
(C) A letter on company letterhead from the owner, operator,
master, or chief engineer attesting that before March 31, 1996, the
applicant received training in awareness of flammability hazards and in
firefighting through a program, lecture, or seminar that included
hands-on firefighting that the OCMI finds in substantial compliance
with Sec. 13.121;
(ii) A certificate of completion from a liquid-cargo course in DL
or LG approved by the Commandant, appropriate to the endorsement
applied for, or a certificate of completion from a liquid-cargo course
in DL or LG up to ten years before March 31, 1996, that the OCMI
determines substantially covers the material required by Table
13.121(f); and
(iii) Evidence of service on company letterhead from the owner,
operator, master, or chief engineer of the vessel attesting that the
applicant acted as the PIC of the transfer for DL or LG, appropriate to
the endorsement applied for on tank vessels, before March 31, 1996, and
has so acted within five years of the date of application.
(2) To qualify for a restricted ``Tankerman-PIC (Barge)''
endorsement, based on his or her cargo-handling experience for the
grades handled, an applicant shall meet all the requirements of
paragraphs (e)(1) (i) and (iii) of this section.
(f) Each person qualifying under this section shall obtain a
tankerman endorsement at the first renewal of his or her MMD under
Sec. 12.02-27 of this chapter that occurs after March 31, 1997.
(g) The following table relates the experience and training to the
endorsement for tankerman certified under prior regulations. The
section numbers on the table refer to the specific requirements
applicable.
Table 13.113.--Tankerman Certified Under Prior Regulations
------------------------------------------------------------------------
Service after
effective date Requirements for Requirements for
Before effective but before permanent RESTRICTED
date served as-- permanent endorsement to endorsement to
endorsement: an MMD: an MMD:
------------------------------------------------------------------------
Licensed Officer. May serve as: Tankerman-PIC Tankerman-PIC
Sec. 13.113(a) Sec. 13.113(d)( Sec. 13.113(d)(
Tankerman-PIC. 1). 2).
Limitations: None Service: Service Service: Service
Allowed until: letter from letter from
First renewal of company rep as company rep as
MMD. PIC of DL or LG PIC of DL or LG
cargo transfer, cargo transfer,
or 30 days' or 30 days'
service as service as
master or mate master or mate
on tankships on tankships
carrying DL or carrying DL or
LG.. LG.
Service Courses: Liquid- Course:
documentation: cargo course in Firefighting
Service letter the appropriate course.
from company rep. cargo grade, &
Firefighting.
MMD with a May serve as: Tankerman-PIC Tankerman-PIC
Tankerman's Sec. 13.113(b) (Barge) Sec. (Barge) Sec.
endorsement. Tankerman-PIC 13.113(e)(1). 13.113(e)(2).
(Barge).
Limitations: Service: Service Service: Service
Grade of cargo letter from letter from
on existing MMD. company rep as company rep as
Until: First Service letter PIC of DL or LG
renewal of MMD. PIC of DL or LG cargo transfer.
cargo transfer.
Documentation: Courses: Liquid- Course: Tank-
None. cargo course in barge
the appropriate firefighting.
cargo grade, &
Tank-barge
firefighting.
PIC-Subchapter O May serve as: Tankerman-PIC Tankerman-PIC
Non-flammable Sec. 13.113(c) (Barge) Sec. (Barge) Sec.
and Non- Tankerman-PIC 13.113(e)(1). 13.113(e)(2).
combustible. (Barge).
[[Page 17146]]
Limited to: Service: Service Service: Service
Subchapter-O letter from letter from
products company rep as company rep as
previously PIC of DL or LG PIC of DL or LG
transferred. cargo transfer. cargo transfer
Until: 5 years
after effective
date.
Documentation: Courses: Liquid- Course: Tank-
Service letter cargo course in barge
from company rep the appropriate firefighting.
as PIC. cargo Tank-
barge
firefighting.
------------------------------------------------------------------------
Sec. 13.115 Licensed engineer: Endorsement as Tankerman-Engineer based
on service on tankships before March 31, 1996.
A licensed person with service as chief, first assistant, or cargo
engineer on at least one tankship before March 31, 1996, may, at any
time until the first renewal of his or her MMD under Sec. 12.02-27 of
this chapter that occurs after March 31, 1997, apply for a ``Tankerman-
Engineer'' endorsement under this subpart if he or she presents
either--
(a) A letter on company letterhead from the owner, operator,
master, or chief engineer of the vessel attesting that the applicant
served at least 30 days as chief, first assistant, or cargo engineer on
tankships certified to carry DL or LG, appropriate to the endorsement
applied for before March 31, 1996, and has so served within five years
of the date of application; or
(b) Certificates of Discharge proving at least 30 days of service
as chief, first assistant, or cargo engineer on tankships certified to
carry DL or LG, appropriate to the endorsement applied for before March
31, 1996, with a discharge date within five years of the date of
application.
Sec. 13.117 Any person: Endorsement as Tankerman-Assistant based on
unlicensed deck service before March 31, 1996.
A person with unlicensed deck service on tankships before March 31,
1996, may, at any time until the first renewal of his or her MMD under
Sec. 12.02-27 of this chapter that occurs after March 31, 1997, apply
for a ``Tankerman-Assistant'' endorsement under this subpart if the
applicant presents either--
(a) A letter on company letterhead from the owner, operator, or
master of the vessel attesting that the applicant served at least 30
days of deck service on tankships certified to carry DL or LG,
appropriate to the endorsement applied for before March 31, 1996, and
has so served within five years of the date of application; or
(b) Certificates of Discharge proving at least 30 days of deck
service on tankships certified to carry DL or LG, appropriate to the
endorsement applied for before March 31, 1996, with a discharge date
within five years of the date of application.
Sec. 13.119 Expiration of endorsement.
An endorsement as tankerman is valid for the duration of the MMD.
Sec. 13.120 Renewal of endorsement.
An applicant wishing to renew a tankerman's endorsement shall meet
the requirements of Sec. 12.02-27 of this chapter for renewing an MMD
and provide evidence of participation in at least two transfers during
the past five years in accordance with Sec. 13.127(b) or of completion
of an approved course.
Sec. 13.121 Courses for training tankerman.
(a) This section prescribes the requirements, beyond those in
Secs. 10.203 and 10.303 of this chapter, applicable to schools offering
courses required for a tankerman endorsement and courses that are a
substitute for experience with transfers of liquid cargo in bulk
required for the endorsement.
(b) Upon satisfactory completion of an approved course, each
student shall receive a certificate, signed by the head of the school
offering the course or by a designated representative, indicating the
title of the course, the duration, and, if appropriate, credit allowed
towards meeting the transfer requirements of this part.
(c) A course that uses simulated transfers to train students in
loading and discharging tank vessels may replace a specific number of
the transfers required for a ``Tankerman-PIC'' or ``Tankerman-PIC
(Barge)'' endorsement. The letter from the Coast Guard approving the
course will state the number and kind of transfers the course replaces.
(d) The course in liquid cargo required for an endorsement as--
(1) ``Tankerman-PIC DL'' is Tankship: Dangerous Liquids;
(2) ``Tankerman-PIC (Barge) DL'' is Tank Barge: Dangerous Liquids;
(3) ``Tankerman-PIC LG'' is Tankship: Liquefied Gases; and
(4) ``Tankerman-PIC (Barge) LG'' is Tank Barge: Liquefied Gases.
(e) The course in firefighting required for an endorsement as--
(1) ``Tankerman-PIC (Barge)'' is Tank Barge: Firefighting; and
(2) ``Tankerman-PIC'', ``Tankerman-Assistant'', and ``Tankerman-
Engineer'' is a firefighting course that meets the basic firefighting
section of the IMO's Resolution A.437 (XI), ``Training of Crews in Fire
Fighting''.
(f) No school may issue a certificate unless the student has
successfully completed an approved course with the appropriate
curriculum outlined in Table 13.121(f).
(g) An organization with a course in DL or LG or a course in tank-
barge firefighting taught before March 31, 1996, that substantially
covered the material required by Table 13.121(f) for liquid cargoes and
by Table 13.121(g) for firefighting may seek approval under Sec. 10.302
of this chapter from the Coast Guard for any course taught up to ten
years before March 31, 1996.
Table 13.121(f)
----------------------------------------------------------------------------------------------------------------
Course topics 1 2 3 4
----------------------------------------------------------------------------------------------------------------
General characteristics, compatibility, reaction,
firefighting procedures, and safety precautions for
the cargoes of:
Bulk liquids defined as Dangerous Liquids in 46 x x ............. .............
CFR Part 13.
Bulk liquefied gases & their vapors defined as ............. ............. x x
Liquefied Gases in 46 CFR Part 13.
Physical phenomena of liquefied gas, including:
Basic concept................................... ............. ............. x x
[[Page 17147]]
Compression & expansion......................... ............. ............. x x
Mechanism of heat transfer...................... ............. ............. x x
Potential hazards of liquefied gas, including:
Chemical & physical properties.................. ............. ............. x x
Combustion characteristics...................... ............. ............. x x
Results of gas release to the atmosphere........ ............. ............. x x
Health hazards (skin contact, inhalation, & ............. ............. x x
ingestion).
Control of flammability range with inert gas.... ............. ............. x x
Thermal stress in structure & piping of vessel.. ............. ............. x x
Cargo systems, including:
Principles of containment systems............... x x x x
Construction, materials, coatings, & insulation x x x x
of cargo tanks.
General arrangement of cargo tanks.............. x x x x
Venting & vapor-control systems................. x x x x
Cargo-handling systems, including:
Piping systems, valves, pumps, & expansion x x x x
systems.
Operating characteristics....................... x x x x
Instrumentation systems, including:
Cargo-level indicators.......................... x x x x
Gas-detecting systems........................... x x x x
Temperature-monitoring systems, cargo........... x x x x
Temperature-monitoring systems, hull............ x x x x
Automatic-shutdown systems...................... x x x x
Auxiliary systems, including:
Ventilation, inerting........................... x x x x
Valves, including:
Quick-closing................................. x x x x
Remote-control................................ x x x x
Pneumatic..................................... x x x x
Excess-flow................................... x x x x
Safety-relief................................. x x x x
Pressure-vacuum............................... x x x x
Heating-systems: cofferdams & ballast tanks..... x x
Operations connected with loading & discharging of
cargo, including:
Lining up of cargo system and vapor-control x x x x
system.
Pre-transfer inspections........................ x x x x
Pre-transfer conference and completion of the x x x x
Declaration of Inspection.
Hooking up of cargo hose, loading arms, and x x x x
grounding-strap.
Starting of liquid flow......................... x x x x
Calculation of loading rates.................... x x x x
Monitoring of loading rates..................... x x x x
Discussion of loading........................... x x x x
Ballasting & deballasting....................... x x x x
Topping off of cargo tanks...................... x x x x
Discussion of discharging....................... x x x x
Stripping of cargo tanks........................ x x x x
Monitoring of transfers......................... x x x x
Gauging of cargo tanks.......................... x x x x
Disconnecting of cargo hoses or loading arms.... x x x x
Operating procedures & sequence for:
Inerting of cargo tanks & void spaces........... x x x x
Cooldown & warmup of cargo tanks................ x x
Gas-freeing..................................... x x x x
Loaded or ballasted voyages..................... x x x x
Testing of cargo-tank atmospheres for oxygen & x x x x
cargo vapor.
Load plan, stability, & stress connected with:
Loading of cargo................................ x x x x
Discharging of cargo............................ x x x x
Ballasting & deballasting....................... x x
Loadline, draft, & trim............................. x x x x
Disposal of boil-off, including:
System design................................... x x
Safety features................................. x x
Stability-letter requirements....................... x x x x
Rules (for tank barge & tankship, both international x x x x
& Federal) pertaining to operational procedures &
pollution prevention.
Pollution prevention, including:
Procedures to prevent air & water pollution..... x x x x
Measures to take in event of spillage........... x x x x
Danger from drift of vapor cloud................ x x x x
Emergency procedures for the following, including
notice to appropriate authorities:
Fire............................................ x x x x
[[Page 17148]]
Collision....................................... x x x x
Grounding....................................... x x x x
Equipment failure............................... x x x x
Leaks & spills.................................. x x x x
Structural failure.............................. x x x x
Emergency discharge of cargo.................... x x x x
Entering of cargo tanks......................... x x x x
Emergency shutdown of cargo-handling............ x x x x
Emergency systems for closing cargo tanks....... x x x x
Safety precautions relative to:
Dangers of skin contact......................... x x ............. .............
Inhalation of vapors............................ x x ............. .............
Electricity & static electricity: hazards & x x ............. .............
precautions.
Terminology of tankships for oil & chemicals........ x ............. .............
Terminology of tank barges for oil & chemicals...... x x ............. .............
Terminology of tankships for liquefied gases........ ............. ............. x
Terminology of tank barges for liquefied gases...... ............. ............. x
Principles & procedures of Crude-Oil-Washing (COW)
systems, including:
Purpose......................................... x x ............. .............
Equipment & design.............................. x x ............. .............
Operations...................................... x x
Safety precautions.............................. x x ............. .............
Maintenance of plant & equipment................ x x ............. .............
Principles & procedures of Inert-Gas Systems (IGS),
including:
Purpose......................................... x x x .............
Equipment & design.............................. x x x .............
Operations...................................... x x x .............
Safety precautions.............................. x x x .............
Maintenance of plant & equipment................ x x x .............
Cargo-tank cleaning: procuredures & precautions. x x ............. .............
Principles & procedures of vapor-control recovery
systems, including:
Purpose......................................... x x x x
Principles...................................... x x x x
Components...................................... x x x x
Hazards......................................... x x x x
Coast Guard regulations......................... x x x x
Operating procedures, including:
Testing & inspection requirements............... x x x x
Pre-transfer procedures......................... x x x x
Connecting sequence............................. x x x x
Start-up procedures............................. x x x x
Normal operations............................... x x x x
Emergency procedures, including notice of release... x x x x
Information systems on hazards of cargo............. x x x x
Safe entry into confined spaces, including:
Definitions & hazards of confined spaces........ x x x x
Evaluation & assessment of risks & hazards...... x x x x
Safety precautions & procedures................. x x x x
Personal protective equipment (PPE)............. x x x x
Maintenance of PPE.............................. x x x x
Emergency procedures............................ x x x x
Federal regulations, national standards, & x x x x
industry guidelines.
Inspections by marine chemists & competent x x x x
persons, including hot-work permits &
procedures.
Vessel Response Plans:
Purpose, content, & location of information..... x x x x
Procedures for notice & mitigation of spills.... x x x x
Geographic-specific appendices.................. x x x x
Vessel-specific appendices...................... x x x x
Emergency-action checklist...................... x x x x
----------------------------------------------------------------------------------------------------------------
(\1\)Tankerman-PIC DL.
(\2\)Tankerman-PIC (Barge) DL.
(\3\)Tankerman-PIC LG.
(\4\)Tankerman-PIC (Barge) LG.
Table 13.121(g)
------------------------------------------------------------------------
Course topics 1 2
------------------------------------------------------------------------
Elements of fire (Fire triangle):
Fuel................................ X X
[[Page 17149]]
Source of ignition.................. X X
Oxygen.............................. X X
Ignition sources (general):
Chemical............................ ............ X
Biological.......................... ............ X
Physical............................ ............ X
Ignition sources applicable to barges... X ............
Definitions of flammability and
combustibility:
Flammability........................ ............ X
Ignition point...................... X X
Burning temperature................. X X
Burning speed....................... ............ X
Thermal value....................... ............ X
Lower flammable limit............... X X
Upper flammable limit............... X X
Flammable range..................... X X
Inerting............................ X X
Static electricity.................. X X
Flash point......................... X X
Auto-ignition....................... X X
Spread of fire:
By radiation........................ X X
By convection....................... X X
By conduction....................... X X
Reactivity.............................. X X
Fire classifications and applicable
extinguishing agents................... X X
Main causes of fires:
Oil leakage......................... X X
Smoking............................. X X
Overheating pumps................... X X
Galley appliances................... ............ X
Spontaneous ignition................ X X
Hot work............................ X X
Electrical apparatus................ ............ X
Reaction, self-heating, and auto-
ignition........................... ............ X
Fire prevention:
General............................. X X
Fire hazards of DL and LG........... X ............
Fire detection:
Fire- and smoke-detection systems... ............ X
Automatic fire alarms............... ............ X
Firefighting equipment:
Fire mains, hydrants................ ............ X
International shore-connection...... ............ X
Smothering-installations, carbon
dioxide (CO2), foam................ ............ X
Halogenated hydrocarbons............ ............ X
Pressure-water spray system in
special-category spaces............ ............ X
Automatic sprinkler system.......... ............ X
Emergency fire pump, emergency
generator.......................... ............ X
Chemical-powder applicants.......... ............ X
General outline of required and
mobile apparatus................... ............ X
Fireman's outfit, personal equipment ............ X
Breathing apparatus................. ............ X
Resuscitation apparatus............. ............ X
Smoke helmet or mask................ ............ X
Fireproof life-line and harness..... ............ X
Fire hose, nozzles, connections, and
fire axes.......................... ............ X
Fire blankets....................... ............ X
Portable fire extinguishers......... X X
Limitations of portable and
semiportable extinguishers......... X ............
Emergency procedures:
Arrangements:
Escape routes....................... X X
Means of gas-freeing tanks.......... X X
Class A, B, and C divisions......... ............ X
Inert-gas system.................... ............ X
Ship firefighting organization:
General alarms...................... ............ X
Fire-control plans, muster stations,
and duties......................... ............ X
Communications...................... ............ X
Periodic shipboard drills........... ............ X
Patrol system....................... ............ X
[[Page 17150]]
Basic firefighting techniques:
Sounding alarm...................... X X
Locating and isolating fires........ X X
Stopping leakage of cargo........... X ............
Jettisoning......................... ............ X
Inhibiting.......................... ............ X
Cooling............................. ............ X
Smothering.......................... ............ X
Sizing up situation................. X ............
Locating information on cargo....... X ............
Extinguishing....................... ............ X
Extinguishing with portable units... X ............
Setting reflash watch............... X X
Using additional personnel.......... X ............
Firefighting extinguishing-agents:
Water (solid jet, spray, fog, and
flooding).......................... ............ X
Foam (high, medium and low
expansion)......................... ............ X
Carbon dioxide (CO2)................ X X
Halon............................... ............ X
Aqueous-film-forming foam (AFFF).... ............ X
Dry chemicals....................... X X
Use of extinguisher on:
Flammable and combustible liquids... X ............
Manifold-flange fire................ X ............
Drip-pan fire....................... X ............
Pump fire........................... X ............
Drills for typical fires on barges...... X ............
Field exercises:
Extinguish small fires using portable
extinguishers:
Electrical.......................... X X
Manifold-flange..................... X X
Drip-pan............................ X X
Pump................................ X X
Use self-contained breathing apparatus.. ............ X
Extinguish extensive fires with water... ............ X
Extinguish fires with foam, or chemical. ............ X
Fight fire in smoke-filled enclosed
space wearing SCBA..................... ............ X
Extinguish fire with water fog in an
enclosed space with heavy smoke........ ............ X
Extinguish oil fire with fog applicator
and spray nozzles, dry-chemical, or
foam applicators....................... ............ X
Effect a rescue in a smoke-filled space
while wearing breathing apparatus...... ............ X
------------------------------------------------------------------------
(1) Course in tank-barge firefighting.
(2) From the basic firefighting section of the IMO's Resolution A.437
(XI), ``Training of Crews in Fire Fighting''.
Sec. 13.123 Recency of service or experience for original tankerman
endorsement.
An applicant for an original tankerman endorsement in subpart B, C,
D, or E of this part shall have obtained at least 25% of the qualifying
service and, if the endorsement requires transfers, at least two of the
qualifying transfers, within five years of the date of application.
Sec. 13.125 Physical requirements.
Each applicant for an original tankerman endorsement shall meet the
physical requirements of Sec. 10.205(d) of this chapter, excluding
paragraph (d)(2) of that section.
Sec. 13.127 Service requirements: general.
(a) A service letter must specify--
(1) The classification of cargo (DL, LG, or, for a restricted
endorsement, a specific product) handled while the applicant
accumulated the service;
(2) The dates, the number and kinds of transfers the applicant has
participated in, and the number of transfers that involved commencement
or completion; and
(3) That the applicant has demonstrated to the satisfaction of the
signer that he or she is fully capable of supervising transfers of
liquid cargo, including
(i) Pre-transfer inspection;
(ii) Pre-transfer conference and execution of the Declaration of
Inspection;
(iii) Connection of cargo hoses or loading-arms;
(iv) Line-up of the cargo system for loading and discharge;
(v) Start of liquid flow during loading;
(vi) Start of cargo pump and increase of pressure to normal
discharge pressure;
(vii) Calculation of loading-rates;
(viii) Monitoring;
(ix) Topping-off of cargo tanks during loading;
(x) Stripping of cargo tanks;
(xi) Ballasting and deballasting, if appropriate;
(xii) Disconnection of the cargo hoses or loading-arms; and
(xiii) Securing of cargo systems.
(b) In determining the numbers and kinds of transfers that the
applicant has participated in under paragraph (a)(2) of this section,
the following rules apply:
(1) A transfer must involve the loading or discharge from at least
one of the vessel's cargo tanks to or from a shore facility or another
vessel. A shift of cargo from one tank to another tank is not a
transfer for this purpose.
(2) Regardless of how long the transfer lasts beyond four hours, it
counts as only one transfer.
(3) A transfer must include both a commencement and a completion.
(4) Regardless of how many tanks or products are being loaded or
discharged [[Page 17151]] at the same time, a person may receive credit
for only one transfer, one loading, and one discharge a watch.
(5) Credit for a transfer during a watch of less than four hours
accrues only if the watch includes either the connection and the
commencement of transfer or the completion of transfer and the
disconnection.
(6) Credit for a commencement of loading accrues only if the
applicant participates in the pre-transfer inspection, the pre-transfer
conference including execution of the Declaration of Inspection, the
connection of cargo hoses or loading-arms, the line-up of the cargo
system for the loading, the start of liquid flow, and the calculation
of loading-rates.
(7) Credit for a commencement of discharge accrues only if the
applicant participates in the pre-transfer inspection, the pre-transfer
conference including execution of the Declaration of Inspection, the
connection of cargo hoses or loading-arms, the line-up of the cargo
system for the discharge, the start of the cargo pump or pumps and
increase of pressure to normal pressure for discharge, and the
monitoring of discharge rates.
(8) Credit for a completion of transfer, whether loading or
discharge, accrues only if the applicant participates in the topping-
off at the loading port, or in the stripping of cargo tanks and the
commencement of ballasting, if required by the vessel's transfer
procedures, at the discharge port.
Sec. 13.129 Quick-reference table for tankerman.
Table 13.129 provides a guide to the requirements for various
tankerman endorsements. Provisions in the reference sections are
controlling.
Table 13.129
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Proof of Firefighting English
Category Minimum age Physical required Service Recency of service service certificate Course language
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Tankerman PIC Subpart B 18: 13.201(a)... Yes: 13.125....... Yes: 13.203, 30 days Yes: 13.123, 25% of Yes: 13.205, Yes: 13.207, Basic F/ Yes: 13.209, DL or LG. Yes: 13.201(g).
licensed or 60 days service, 2 transfers Letter. F*.
unlicensed and 10 within 5 yrs.
cargo transfers.
Tankerman PIC (Barge) 18: 13.301(a)... Yes: 13.125....... Yes: 13.303, 60 days on Yes: 13.123, 25% of Yes: 13.305, Yes: 13.307, Basic F/ Yes: 13.309, DL or LG. Yes: 13.301(g).
Subpart C. T/Vs or 6 months on T/ service, 2 transfers Letter. F* or Tank-barge F/F.
Bs and 10 cargo within 5 yrs.
transfers.
Tankerman Assistant 18: 13.401(a)... Yes: 13.125....... Yes: 13.403, 90 days on Yes: 13.123, 25% of Yes: 13.405, Yes: 13.407, Basic F/ Yes: 13.409, Cargo Yes: 13.401(f).
Subpart D. tankships or attend a service, within 5 yrs. Letter. F*. course or 90 days
cargo course. service.
Tankerman Engineer 18: 13.501(a)... Yes: 13.125....... Yes: 13.503, 90 days Yes: 13.123, 25% of Yes: 13.505, Yes: 13.507, Basic F/ Yes: 13.509, Cargo Yes: 13.501(g).
Subpart E. licensed or 30 days service, within 5 yrs. Letter. F*. course or service
licensed and requirements.
completion of a DL or
LG course or 60 days
unlicensed and
completion of a DL or
LG course.
Restricted Tankerman 18: 13.111(b)... Yes: 13.111(b).... Yes: 13.111(b), 30 days Yes: 13.111(b), 25% of Yes: 3.111(b), Yes: 13.111(b), Basic No.................... Yes: 13.111(b).
PIC. licensed or 60 days service, 2 transfers Letter. F/F*.
unlicensed and 10 within 5 yrs.
cargo transfers.
Restricted Tankerman 18: 13.111(c)... Yes: 13.111(c).... Yes: 13.111(c), 60 days Yes: 13.111(c), 25% of Yes: Yes: 13.111(c), Basic No.................... Yes: 13.111(c).
PIC (Barge). on T/Vs or 6 months on service, 2 transfers 13.111(c), F/F* or Tank-barge F/
T/Bs and 10 cargo within 5 yrs. Letter. F.
transfers.
Restricted Tankerman 18: 13.111(d)... Yes: 13.111(d).... Yes: 13.111(d)(4), No..................... Yes: No.................... No.................... Yes: 13.111(d).
PIC (Barge) facility. ``Competent Person'' 13.111(d),
and knowledge of tank- Letter.
cleaning, gas-freeing.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*From the basic firefighting section of the IMO's Resolution A.437 (XI), ``Training of Crews in Fire Fighting''.
Subpart B--Requirements for ``Tankerman-PIC'' Endorsement.
Sec. 13.201 Original application for ``Tankerman-PIC'' endorsement.
Each applicant for an original ``Tankerman-PIC'' endorsement
shall--
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in
accordance with Sec. 13.125;
(d) Present evidence of service on tankships in accordance with
Sec. 13.203;
(e) Meet the requirement of a course on firefighting in
Sec. 13.207;
(f) Meet the requirement of a course in DL or LG appropriate for
the endorsement applied for in Sec. 13.209; and
(g) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo, and be capable of reading the English found in the Declaration
of Inspection, vessel response plans, and Cargo Information Cards.
[[Page 17152]]
Sec. 13.203 Eligibility requirements: Experience.
Each applicant for a ``Tankerman-PIC'' endorsement for DL or LG
shall meet the requirements of either paragraphs (a) and (b) or
paragraph (c) of this section.
(a) Each applicant shall present evidence of--
(1) At least 30 days of service as a licensed deck officer or a
licensed engineering officer on one or more tankships certified to
carry DL or LG appropriate to the endorsement applied for;
(2) At least 60 days of unlicensed service on deck or in the engine
department on one or more tankships certified to carry DL or LG
appropriate to the endorsement applied for; or
(3) A mixture of licensed and unlicensed service on deck or in the
engine department on tankships certified to carry DL or LG appropriate
to the endorsement applied for equivalent to 30 days of licensed
service, every 2 days of unlicensed service counting as 1 day of
licensed service.
(b) Each applicant shall present evidence of participation, under
the supervision of a ``Tankerman-PIC,'' in at least ten transfers of
liquid cargo in bulk of the classification desired on tankships,
including at least--
(1) Five loadings and five discharges;
(2) Two commencements of loading and two completions of loading;
and
(3) Two commencements of discharge and two completions of
discharge.
(c) Each applicant already holding an MMD endorsed ``Tankerman-
PIC'' for DL and seeking an endorsement for LG, or the converse,
shall--
(1) Provide evidence of at least half the service required by
paragraph (a) of this section; and
(2) Comply with paragraph (b) of this section, except that he or
she need provide evidence of only three loadings and three discharges
along with evidence of compliance with paragraphs (b)(2) and (3) of
this section.
Sec. 13.205 Proof of service for ``Tankerman-PIC'' endorsement.
Service must be proved by a letter on company letterhead from the
owner, operator, or master of the vessel on which the applicant
obtained the service. The letter must contain the information described
in Sec. 13.127(a).
Sec. 13.207 Eligibility requirements: Firefighting course.
Each applicant for an original ``Tankerman-PIC'' endorsement shall
present a certificate of successful completion from a course in
shipboard firefighting, approved by the Commandant and meeting the
basic firefighting section of the IMO's Resolution A.437 (XI),
``Training of Crews in Fire Fighting'', completed within five years of
the date of application for the endorsement, unless he or she has
previously submitted such a certificate for a license or a tankerman
endorsement.
Sec. 13.209 Eligibility requirements: Cargo course.
Each applicant for an original ``Tankerman-PIC'' endorsement shall
present a certificate of completion from a course in DL or LG,
appropriate for tankships, approved by the Commandant, appropriate to
the endorsement applied for, within two years of the date of
application.
Subpart C--Requirements for ``Tankerman-PIC (Barge)'' Endorsement
Sec. 13.301 Original application for ``Tankerman-PIC (Barge)''
endorsement.
Each applicant for a ``Tankerman-PIC (Barge)'' endorsement shall--
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in
accordance with Sec. 13.125;
(d) Present evidence of service on tank vessels in accordance with
Sec. 13.303;
(e) Meet the requirement of a firefighting course in Sec. 13.307;
(f) Meet the requirement of a course in DL or LG appropriate for
the endorsement applied for in Sec. 13.309; and
(g) Be capable of speaking, and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo, and be capable of reading the English found in the Declaration
of Inspection, vessel response plans, and Cargo Information Cards.
Sec. 13.303 Eligibility requirements: Experience.
Each applicant for a ``Tankerman-PIC (Barge)'' endorsement for DL
or LG shall meet the requirements of either paragraphs (a) and (b) or
paragraph (c) of this section.
(a) Each applicant shall present evidence of--
(1) At least 60 days of service on one or more tank vessels
certified to carry DL or LG appropriate to the endorsement applied for;
or
(2) At least 6 months of closely related service directly involved
with tank barges appropriate to the endorsement applied for; and
(b) Participation, under the supervision of a ``Tankerman-PIC'' or
``Tankerman-PIC (Barge),'' in at least ten transfers of liquid cargo in
bulk of the classification desired on tankships or tank barges,
including at least--
(1) Five loadings and five discharges;
(2) Two commencements of loading and two completions of loading;
and
(3) Two commencements of discharge and two completions of
discharge.
(c) Each applicant already holding an MMD endorsed ``Tankerman-PIC
(Barge)'' for DL and seeking an endorsement for LG, or the converse,
shall--
(1) Provide evidence of at least half the service required by
paragraph (a) of this section; and
(2) Comply with paragraph (b) of this section, except that he or
she need provide evidence of only three loadings and three discharges
along with evidence of compliance with paragraphs (b)(2) and (3) of
this section.
Sec. 13.305 Proof of service for ``Tankerman-PIC (Barge)''
endorsement.
Service must be proved by a letter on company letterhead from a
terminal owner or operator; a tank barge owner or operator; or the
owner, operator, or master of a tankship. The letter must contain the
information required by Sec. 13.127(a), excluding paragraph
(a)(3)(vii).
Sec. 13.307 Eligibility requirements: Firefighting course.
Each applicant for a ``Tankerman-PIC (Barge)'' endorsement shall
present a certificate of successful completion from--
(a) A course in shipboard firefighting, approved by the Commandant
and meeting the basic firefighting section of the IMO's Resolution
A.437 (XI), ``Training of Crews in Fire Fighting'', completed within
five years of the date of application for the endorsement, unless he or
she has previously submitted such a certificate for a license or a
tankerman endorsement;
(b) A course in tank-barge firefighting, approved by the Commandant
and meeting Sec. 13.121, completed within five years of the date of
application for the endorsement.
Sec. 13.309 Eligibility requirements: Cargo course.
Each applicant for an original ``Tankerman-PIC (Barge)''
endorsement shall present a certificate of completion from a course in
DL or LG approved by the Commandant, appropriate to the endorsement
applied for, within two years of the date of application.
[[Page 17153]]
Subpart D--Requirements for ``Tankerman-Assistant'' Endorsement
Sec. 13.401 Original application for ``Tankerman-Assistant''
endorsement.
Each applicant for a ``Tankerman-Assistant'' endorsement shall--
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in
accordance with Sec. 13.125;
(d) Meet the requirement of a firefighting course in Sec. 13.407;
(e) (1) Meet the requirement of a course in DL or LG appropriate
for the endorsement applied for in Sec. 13.409; or
(2) Present evidence of service on tankships in accordance with
Sec. 13.403; and
(f) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo.
Sec. 13.403 Eligibility requirements: Experience.
(a) Each applicant for a ``Tankerman-Assistant'' endorsement shall
present--
(1) Evidence of at least 90 days of deck service on tankships
certified to carry DL or LG appropriate to the endorsement applied for;
or
(2) A certificate of completion from a course in DL or LG
appropriate for the endorsement applied for as prescribed in
Sec. 13.409.
(b) Each applicant already holding an MMD endorsed ``Tankerman-
Assistant'' for DL and seeking one for LG, or the converse, shall--
(1) Provide evidence of at least half the service required in
paragraph (a)(1) of this section; or
(2) Meet the requirement of a course in DL or LG appropriate for
the endorsement applied for as prescribed in Sec. 13.409.
Sec. 13.405 Proof of service for ``Tankerman-Assistant'' endorsement.
(a) Service must be proved by a letter on company letterhead from
the owner, operator, or master of a tankship. The letter must specify--
(1) The classification of cargo (DL or LG) carried while the
applicant accumulated the service;
(2) The number of days of deck service the applicant accumulated on
the tankship; and
(3) That the applicant has demonstrated an understanding of cargo
transfer and a sense of responsibility that, in the opinion of the
signer, will allow the applicant to safely carry out duties respecting
cargo transfer and transfer equipment assigned by the PIC of the
transfer without direct supervision by the PIC; or
(b) Service must be proved by--
(1) Certificates of Discharge from tankships with the appropriate
classification of cargo (DL, LG, or both); and
(2) A letter on company letterhead from the owner, operator, or
master of one of the tankships stating that he or she has
demonstrated--
(i) An understanding of cargo transfer; and
(ii) A sense of responsibility that, in the opinion of the signer,
will allow him or her to safely carry out duties respecting cargo and
its equipment assigned by the PIC of the transfer without direct
supervision by the PIC.
Sec. 13.407 Eligibility requirements: Firefighting course.
Each applicant for a ``Tankerman-Assistant'' endorsement shall
present a certificate of successful completion from a course in
shipboard firefighting, approved by the Commandant and meeting the
basic firefighting section of the IMO's Resolution A.437 (XI),
``Training of Crews in Fire Fighting'', completed within five years of
the date of application for the endorsement, unless he or she has
previously submitted such a certificate from one of these courses for a
license or endorsement.
Sec. 13.409 Eligibility requirements: Cargo course.
Each applicant for an original ``Tankerman-Assistant'' endorsement
that has not presented the required service on tankships must present a
certificate of completion from a course in DL or LG, appropriate for
tankships, approved by the Commandant, appropriate to the endorsement
applied for, within two years of the date of application.
Subpart E--Requirements for ``Tankerman-Engineer'' Endorsement
Sec. 13.501 Original application for ``Tankerman-Engineer''
endorsement.
Each applicant for a ``Tankerman-Engineer'' endorsement shall--
(a) Be at least 18 years old;
(b) Apply on a Coast Guard form;
(c) Present evidence of passing a physical examination in
accordance with Sec. 13.125;
(d) Present evidence of service on tankships in accordance with
Sec. 13.503;
(e) Meet the requirement of a firefighting course in Sec. 13.507;
(f) Meet the requirement of a course in DL or LG appropriate for
the endorsement applied for in Sec. 13.509; and
(g) Be capable of speaking and understanding, in English, all
instructions needed to commence, conduct, and complete a transfer of
cargo.
Sec. 13.503 Eligibility requirements: Experience.
(a) Each applicant for a ``Tankerman-Engineer'' endorsement shall
present evidence of at least--
(1) 90 days of service as a licensed engineering officer on
tankships certified to carry DL or LG appropriate to the endorsement
applied for;
(2) 30 days of service as a licensed engineering officer on
tankships certified to carry DL or LG appropriate to the endorsement
applied for, and a certificate of completion from a course in DL or LG
appropriate for the endorsement applied for as prescribed by
Sec. 13.509(a); or
(3) 60 days of unlicensed service in the engine department on
tankships certified to carry DL or LG appropriate to the endorsement
applied for, and a certificate of completion from a course in DL or LG
appropriate for the endorsement applied for as prescribed by
Sec. 13.509(a).
(b) Each applicant already holding an MMD endorsed ``Tankerman-
Engineer'' for DL and seeking one for LG, or the converse, shall
provide evidence of at least half the service required by--
(1) Paragraph (a)(1) of this section; or
(2) Paragraph (a)(2) or (3) of this section, and a certificate of
completion from a course in DL or LG appropriate for the endorsement
applied for as prescribed by Sec. 13.509(a).
Sec. 13.505 Proof of service for ``Tankerman-Engineer'' endorsement.
(a) Service must be proved by a letter on company letterhead from
the owner, operator, or master or chief engineer of a tankship. The
letter must specify--
(1) The classification of cargo (DL, LG, or both) carried while the
applicant accumulated the service; and
(2) The number of days of licensed and unlicensed service in the
engine department on tankships; or
(b) Service must be proved by certificates of discharge from
tankships with the appropriate classification of cargo (DL, LG, or
both).
Sec. 13.507 Eligibility requirements: Firefighting course.
Each applicant for a ``Tankerman-Engineer'' endorsement shall
present a certificate of successful completion from a course in
shipboard firefighting, approved by the Commandant and meeting the
basic firefighting section of the IMO's Resolution A.437 (XI),
``Training of Crews in Fire Fighting'', [[Page 17154]] completed within
five years of the date of application for the endorsement, unless he or
she has previously submitted such a certificate for a license or
tankerman endorsement.
Sec. 13.509 Eligibility requirements: Cargo course.
Each applicant for an original ``Tankerman-Engineer'' endorsement
that has not presented service prescribed by Sec. 13.503(a)(1) must
present a certificate of completion from a course in DL or LG,
appropriate for tankships, approved by the Commandant, appropriate to
the endorsement applied for, within two years of the date of
application.
PART 15--MANNING REQUIREMENTS
12. The authority citation for part 15 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3703, 8105; 49 CFR 1.45, 1.46.
13. Section 15.301 is amended by revising paragraphs (a) and (c)
and adding a new paragraph (d), to read as follows:
Sec. 15.301 Definitions of terms in this part.
(a) * * *
Tank barge means a non-self-propelled tank vessel.
Tank vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue.
Tankship means any tank vessel constructed or adapted primarily to
carry oil or hazardous material in bulk as cargo or cargo residue and
propelled by power or sail.
Transfer means any movement of dangerous liquid or liquefied gas as
cargo in bulk or as cargo residue to, from, or within a vessel by means
of pumping, gravitation, or displacement. Section 13.127 of this
chapter describes what qualifies as participation in a creditable
transfer.
* * * * *
(c) The following ratings are established in part 12 of this
chapter. When used in this part, terms for the ratings identify persons
holding valid merchant mariners' documents for service in the ratings
issued under that part:
(1) Able seaman.
(2) Ordinary seaman.
(3) Qualified member of the engine department.
(4) Lifeboatman.
(5) Wiper.
(6) Steward's department (F.H.).
(d) The following ratings are established in part 13 of this
chapter. When used in this part, the terms for the ratings identify
persons holding valid merchant mariners' documents for service in the
ratings issued under that part:
(1) Tankerman-PIC.
(2) Tankerman-PIC (Barge).
(3) Restricted Tankerman-PIC.
(4) Restricted Tankerman-PIC (Barge).
(5) Tankerman-Assistant.
(6) Tankerman-Engineer.
14. Section 15.860 is added to subpart G, to read as follows:
Sec. 15.860 Tankerman.
(a) The Officer in Charge, Marine Inspection, enters on the
Certificate of Inspection issued to each manned tank vessel subject to
the regulations in this chapter the number of crewmembers required to
hold valid merchant mariners' documents with the proper tankerman
endorsement. Table 15.860(a)(1) provides the minimal requirements for
tankermen aboard manned tank vessels; Table 15.860(a)(2) provides the
tankerman endorsements required for personnel aboard tankships.
(b) For each tankship of more than 5,000 gross tons certified for
voyages beyond the Boundary Line:
(1) The number of ``Tankerman-PICs'' or restricted ``Tankerman-
PICs'' carried must be not fewer than two.
(2) The number of ``Tankerman-Assistants'' carried must be not
fewer than three.
(3) The number of ``Tankerman-Engineers'' carried must be not fewer
than two.
(c) For each tankship of 5,000 gross tons or less certified for
voyages beyond the Boundary Line:
(1) The number of ``Tankerman-PICs'' or restricted ``Tankerman-
PICs'' carried must be not fewer than two.
(2) The number of ``Tankerman-Engineers'' carried must be not fewer
than two, unless only one engineer is required, in which case the
number of ``Tankerman-Engineers'' carried may be just one.
(d) For each tankship not certified for voyages beyond the Boundary
Line, if the total crew complement is:
(1) One or two, the number of ``Tankerman-PICs'' or restricted
``Tankerman-PICs'' carried may be just one.
(2) More than two, the number of ``Tankerman-PICs'' or restricted
``Tankerman-PICs'' carried must be not fewer than two.
(e) For each tank barge manned under Sec. 31.15-5 of this chapter,
if the total crew complement is:
(1) One or two, the number of ``Tankerman-PICs'', restricted
``Tankerman-PICs'', ``Tankerman-PICs (Barge)'', or restricted
``Tankerman-PICs (Barge)'' carried may be just one.
(2) More than two, the number of ``Tankerman-PICs'', restricted
``Tankerman-PICs'', ``Tankerman-PICs (Barge)'', or restricted
``Tankerman-PICs (Barge)'' carried must be not fewer than two.
(f) The following personnel aboard each tankship certified for
voyages beyond the Boundary Line shall hold valid merchant mariners'
documents, endorsed as follows:
(1) The master and chief mate shall each hold a ``Tankerman-PIC''
or restricted ``Tankerman-PIC'' endorsement.
(2) The chief, first assistant, and cargo engineers shall each hold
a ``Tankerman-Engineer'' or ``Tankerman (PIC)'' endorsement.
(3) Each licensed person acting as the PIC of a transfer of liquid
cargo in bulk shall hold a ``Tankerman-PIC'' or restricted ``Tankerman-
PIC'' endorsement.
(4) Each licensed or unlicensed person, who is assigned by the PIC
duties and responsibilities related to the cargo or cargo-handling
equipment during a transfer of liquid cargo in bulk but is not directly
supervised by the PIC, shall hold a ``Tankerman-Assistant''
endorsement.
(g) The endorsements required by this section must be for the
classification of the liquid cargo in bulk or of the cargo residue
being carried.
Table 15.860(a)(1).--Minimal Requirements for Tankermen Aboard Manned
Tank Vessels
------------------------------------------------------------------------
Tankerman
Tankerman Tankerman Tankerman PIC or
Tank vessels PIC assistant engineer tankerman
PIC (barge)
------------------------------------------------------------------------
Tankship Certified
for Voyages Beyond
Boundary Line:
Over 5000 GT.... 2 3 2 ...........
5000 GT or less. 2 ........... *2 ...........
[[Page 17155]]Tanksh
ip Not Certified
for Voyages Beyond
Boundary Line...... **2 ........... ........... ...........
Tank Barge Certified
for Voyages Beyond
Boundary Line...... ........... ........... ........... ***2
------------------------------------------------------------------------
*If only one engineer is required, then only one Tankerman Engineer is
required.
**If the total crew complement is one or two persons, then only one
Tankerman PIC is required.
***If the total crew complement is one or two persons, then only one
Tankerman PIC or Tankerman PIC (Barge) is required.
Table 15.860(a)(2).--Tankermen Endorsements Required for Personnel
Aboard Tankships
[Endorsement for the Classification of the Bulk Liquid Cargo or Residues
Carried]
------------------------------------------------------------------------
Tankship certified for
voyages beyond Tankerman Tankerman Tankerman
boundary line PIC engineer assistant
------------------------------------------------------------------------
Master................
Chief Mate............
Chief Engineer........ or
First Assistant
Engineer............. or
Cargo Engineer........ or
Licensed Person Acting
as PIC of Transfer of
Liquid Cargo in Bulk.
Licensed or Unlicensed
Person Not Directly
Supervised by PIC.... ............ ...... ............
------------------------------------------------------------------------
SUBCHAPTER D--TANK VESSELS
PART 30--GENERAL PROVISIONS
15. The authority citation for part 30 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804; 49 CFR
1.45, 1.46. Section 30.01-2 also issued under the authority of 44
U.S.C. 3507.
16. Section 30.10-71 is revised to read as follows:
Sec. 30.10-71 Tankerman--TB/ALL.
The following ratings are established in part 13 of this chapter.
The terms for the ratings identify persons holding valid merchant
mariners' documents for service in the ratings issued under that part:
(a) Tankerman-PIC.
(b) Tankerman-PIC (Barge).
(c) Restricted Tankerman-PIC.
(d) Restricted Tankerman-PIC (Barge).
(e) Tankerman-Assistant.
(f) Tankerman-Engineer.
PART 31--INSPECTION AND CERTIFICATION
17. The authority citation for part 31 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 5115, 8105,
9101, 9102; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,
p. 793; 49 CFR 1.46.
18. Section 31.15-1 is revised to read as follows:
Sec. 31.15-1 Licensed officers and crews--TB/ALL.
The Officer in Charge, Marine Inspection (OCMI), that inspects the
vessel enters on the Certificate of Inspection (COI) for each tank
vessel the complement of officers and crew that are required by statute
and regulation and that in the judgment of the OCMI are necessary for
its safe operation. The OCMI may change the complement from time to
time by endorsement to the COI for changes in conditions of employment.
PART 35--OPERATIONS
19. The authority citation for part 35 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101, 9101,
9102; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; E.O. 12234, 45 CFR 58801, 3 CFR, 1980 Comp., p. 277;
49 CFR 1.46.
20. Section 35.05-15 is amended by revising the section heading and
paragraph (b)(1) to read as follows:
Sec. 35.05-15 Tank vessel security--TB/ALL.
* * * * *
(b) * * *
(1) The owner, managing operator, master, and person in charge of a
vessel towing a tank barge that need not be manned, and each of them,
shall be responsible for monitoring the security and integrity of the
tank barge and for ensuring adherence to proper safety precautions.
These responsibilities include, but are not limited to--
(i) Ensuring that any tank barge added to the tow has all tank
openings properly secured; has its freeing-ports and scuppers, if any,
unobstructed; meets any loadline or freeboard requirements; and neither
leaks cargo into the water, voids, or cofferdams nor leaks water into
the tanks, voids, or cofferdams;
(ii) Ensuring that every tank barge in the tow is properly secured
within the tow;
(iii) Ensuring that periodic checks are made of every tank barge in
the tow for leakage of cargo into the water, voids, or cofferdams and
for leakage of water into the tanks, voids, or cofferdams;
(iv) Knowing the cargo of every tank barge in the tow, any hazards
associated with the cargo, and what to do on discovery of a leak;
(v) Ensuring that the crew of the vessel know the cargo of every
tank barge in the tow, any hazards associated with the cargo, and what
to do on discovery of a leak;
(vi) Reporting to the Coast Guard any leaks from a tank barge in
the tow into the water, as required by 33 CFR 151.15; and
(vii) Ensuring that the crew of the vessel and other personnel in
the vicinity of the tank barges in the tow follow the proper safety
precautions for tank vessels, and that no activity takes place in the
vicinity of the barges that could create a hazard.
* * * * *
21. Section 35.35-1 is revised to read as follows:
Sec. 35.35-1 Persons on duty--TB/ALL.
(a) On each tankship required to be documented under the laws of
the [[Page 17156]] United States, the owner, managing operator, master,
and person in charge of the vessel, and each of them, shall ensure
that--
(1) Enough ``Tankerman-PICs'' or restricted ``Tankerman-PICs'', and
``Tankerman-Assistants'', authorized for the classification of cargo
carried, are on duty to safely transfer liquid cargo in bulk or safely
clean cargo tanks; and
(2) Each transfer of liquid cargo in bulk and each cleaning of a
cargo tank is supervised by a person qualified to be the person in
charge of the transfer or the cleaning under subpart C of 33 CFR part
155.
(b) On each United States tank barge subject to inspection--
(1) The owner, managing operator, master, and person in charge of
the vessel, and each of them, shall ensure that no transfer of liquid
cargo in bulk or cleaning of a cargo tank takes place unless under the
supervision of a qualified person designated as the person in charge of
the transfer or the cleaning under subpart C of 33 CFR part 155; and
(2) The person designated as the person in charge of the transfer
shall ensure that--
(i) Enough qualified personnel are on duty to safely transfer
liquid cargo in bulk or safely clean cargo tanks; and
(ii) The approved portable extinguishers required by Table 34.50-
10(a) of this chapter are aboard and readily available before any
transfer of liquid cargo in bulk or any operation of barge machinery or
boilers.
(c) On each foreign tankship, the owner, managing operator, master,
and person in charge of the vessel, and each of them, shall ensure
that--
(1) Enough personnel, qualified for the classification of cargo
carried, are on duty to safely transfer liquid cargo in bulk or safely
clean cargo tanks; and
(2) Each transfer of liquid cargo in bulk and each cleaning of a
cargo tank is supervised by a qualified person designated as a person
in charge of the transfer or the cleaning under subpart C of 33 CFR
part 155.
(d) On each foreign tank barge--
(1) The owner, managing operator, master, and person in charge of
the vessel, and each of them, shall ensure that no transfer of liquid
cargo in bulk or cleaning of a cargo tank takes place unless under the
supervision of a qualified person designated as the person in charge of
the transfer or the cleaning under subpart C of 33 CFR part 155.
(2) The person designated as the person in charge of the transfer
shall ensure that enough qualified personnel are on duty to safely
transfer liquid cargo in bulk or safely clean cargo tanks.
(e) The person in charge of the transfer of liquid cargo in bulk on
the tank vessel shall be responsible for the safe loading and discharge
of the liquid cargo in bulk.
(f) The person in charge of the transfer of liquid cargo in bulk on
each United States tank vessel, when lightering to or from a foreign
tank vessel, shall ensure that the person in charge on the foreign tank
vessel, or his or her interpreter, is capable of reading, speaking, and
understanding the English language well enough to allow a safe
transfer.
22. Section 35.35-10 is revised to read as follows:
Sec. 35.35-10 Closing of freeing-ports, scuppers, and sea valves--TB/
ALL.
The person in charge of each transfer of liquid cargo in bulk shall
ensure that all freeing-ports and scuppers are properly plugged during
the transfer except on tank vessels using water for cooling decks.
Although under no circumstances may sea valves be secured by locks, the
valves must be closed, and lashed or sealed, to indicate that they
should not be opened during the transfer.
23. Section 35.35-15 is amended by revising paragraph (b) to read
as follows:
Sec. 35.35-15 Connecting for cargo transfer--TB/ALL.
* * * * *
(b) When cargo connections are supported by ship's tackle, the
person in charge of the transfer of liquid cargo in bulk shall
determine the weights involved to ensure that adequate tackle is used.
* * * * *
24. The heading and introductory text of Sec. 35.35-20 are revised
to read as follows:
Sec. 35.35-20 Inspection before transfer of cargo--TB/ALL.
Before the transfer of liquid cargo in bulk, the person in charge
of the transfer shall inspect the vessel to ensure the following:
* * * * *
25. Section 35.35-25 is revised to read as follows:
Sec. 35.35-25 Approval to start transfer of cargo--TB/ALL.
When the person in charge of the transfer of liquid cargo in bulk
has ensured that the requirements of Secs. 35.35-20 and 35.35-30 have
been met, he or she may give approval to start the transfer.
26. Section 35.35-30 is amended by revising the first sentence of
paragraph (a), the title and introductory text of the ``Declaration of
Inspection before Transfer of Liquid Cargo in Bulk'' of paragraph (b),
and by adding a new paragraph (13) to the ``Declaration of Inspection
'' in paragraph (b) to read as follows:
Sec. 35.35-30 ``Declaration of Inspection'' for tank vessel--TB/ALL.
(a) After an inspection under Sec. 35.35-20 but before a transfer
of cargo, the person in charge of the transfer shall prepare, in
duplicate, a Declaration of Inspection. * * *
(b) * * *
Declaration of Inspection Before Transfer of Liquid Cargo in Bulk
Date-------------------------------------------------------------------
Vessel-----------------------------------------------------------------
Port of----------------------------------------------------------------
Product[s] being transferred--(Classification[s] and Kind[s])
----------------------------------------------------------------------
----------------------------------------------------------------------
I, ____________________, the person in charge of the transfer of
liquid cargo in bulk about to begin, do certify that I have
personally inspected this vessel with reference to the following
requirements set forth in 46 CFR 35.35-20, and that opposite each of
the applicable items listed below I have indicated whether the
vessel complies with all pertinent regulations.
* * *
(13) Have the applicable sections of the vessel response plan
been reviewed before commencing transfer, and arrangements or
contingencies made for implementation of the Plan should the need
arise?
* * * * *
27. Section 35.35-35 is revised to read as follows:
Sec. 35.35-35 Duties of person in charge of transfer--TB/ALL.
The person in charge of the transfer of liquid cargo in bulk shall
control the transfer as follows:
(a) Supervise the operations of cargo-system valves.
(b) Commence transfer of cargo at slow rate of cargo flow.
(c) Observe cargo connections for leakage.
(d) Observe pressure on cargo system.
(e) If transfer is loading (rather than discharging), observe rate
of loading to avoid overflow of tanks.
28. Section 35.35-42 is revised to read as follows:
Sec. 35.35-42 Restrictions on vessels alongside a tank vessel loading
or unloading cargo of Grade A, B, or C--TB/ALL.
(a) No vessel may come alongside or remain alongside a tank vessel
in way of its cargo tanks while it is loading or unloading cargo of
Grade A, B, or C [[Page 17157]] without permission of the person in
charge of the transfer on the tank vessel.
(b) No vessel may come alongside or remain alongside a tank vessel
in way of its cargo tanks while it is loading or unloading cargo of
Grade A, B, or C unless the conditions then prevailing are acceptable
to the persons in charge of cargo-handling on both vessels.
29. Section 35.35-55 is amended by revising paragraph (a) to read
as follows:
Sec. 35.35-55 Transfer of other cargo or stores on tank vessels--TB/
ALL.
(a) No packaged goods, freight, or ship's stores may be loaded or
unloaded during the loading or unloading of cargo of Grade A, B, or C
except by permission of the person in charge of the transfer of liquid
cargo in bulk. No explosives may be loaded, unloaded, or carried as
cargo on any tank vessel containing cargo of Grade A, B, or C.
* * * * *
SUBCHAPTER H--PASSENGER VESSELS
PART 78--OPERATIONS
30. The authority citation for part 78 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 8105; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp.,
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46.
31. Subpart 78.95 consisting of Sec. 78.95-1 is added to read as
follows:
Subpart 78.95--Person in Charge of Transfer of Liquid Cargo in Bulk
Sec. 78.95-1 General.
A qualified person in charge of a transfer of liquid cargo in bulk
shall be designated in accordance with subpart C of 33 CFR part 155.
SUBCHAPTER I--CARGO AND MISCELLANEOUS VESSELS
PART 90--GENERAL PROVISIONS
32. The authority citation for part 90 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
33. Section 90.10-42 is added to read as follows:
Sec. 90.10-42 Tankerman.
The following ratings are established in part 13 of this chapter.
The terms for the ratings identify persons holding valid merchant
mariners' documents for service in the ratings issued under that part:
(a) Tankerman-PIC.
(b) Tankerman-PIC (Barge).
(c) Restricted Tankerman-PIC.
(d) Restricted Tankerman-PIC (Barge)
(e) Tankerman-Assistant.
(f) Tankerman-Engineer.
PART 97--OPERATIONS
34. The authority citation for part 97 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; 49 U.S.C.
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
35. Subpart 97.95 consisting of Sec. 97.95-1 is added to read as
follows:
Subpart 97.95--Person in Charge of Transfer of Liquid Cargo in Bulk
Sec. 97.95-1 General.
A qualified person in charge of a transfer of liquid cargo in bulk
shall be designated in accordance with subpart C of 33 CFR part 155.
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
36. The authority citation for part 98 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3703; 49 U.S.C. App.
1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46.
37. Section 98.30-17 is revised to read as follows:
Sec. 98.30-17 Qualifications of person in charge.
(a) The operator or agent of each vessel shall designate the person
in charge of a transfer of liquid cargo in bulk to or from a portable
tank.
(b) Each person designated as person in charge of a transfer of
liquid cargo in bulk to or from a portable tank shall--
(1) On a tank barge, hold a ``Tankerman-PIC'', restricted
``Tankerman-PIC'', ``Tankerman-PIC (Barge)'', or restricted
``Tankerman-PIC (Barge)'' merchant mariner's document authorizing
transfer of the classification of cargo involved;
(2) On a self-propelled tank vessel, hold--
(i) A license authorizing service as a master, mate, pilot,
operator, or engineer aboard that vessel; and
(ii) A ``Tankerman-PIC'' or restricted ``Tankerman-PIC'' merchant
mariner's document authorizing transfer of the classification of cargo
involved; and
(3) On a vessel other than a tank vessel required by this chapter
to have a licensed individual aboard, hold--
(i) If the liquid cargo in bulk is of Grade D or E and is carried
in limited amounts, a license authorizing service as a master, mate,
pilot, operator, or engineer aboard that vessel; and
(ii) If the liquid cargo in bulk is of Grade C or above or is
regulated under part 153 of this chapter, a ``Tankerman-PIC'' or
restricted ``Tankerman-PIC'' merchant mariner's document authorizing
transfer of the classification of cargo involved.
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
38. The authority citation for part 105 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.,
p. 793; 49 CFR 1.46.
39. Section 105.45-1 is revised to read as follows:
Sec. 105.45-1 Loading or dispensing petroleum products.
(a) A commercial fishing vessel must have aboard a letter of
compliance valid under subpart 105.15 of this part and must be in
compliance with the requirements in the letter while dispensing
petroleum products. This letter of compliance issued to a vessel will
state--
(1) The number of crewmembers required to hold documents endorsed
as tankermen under part 13 of this chapter; and
(2) For each vessel of 200 gross tons or over, the complement of
officers under Title 46 U.S.C. 8304.
(b) Each person in charge of a transfer of liquid cargo in bulk to
or from a cargo tank shall hold--
(1) A valid merchant mariner's document endorsed as ``Tankerman-
PIC'' or restricted ``Tankerman-PIC'' authorizing transfer of the
classification of cargo involved; or
(2) A valid license authorizing service as master, mate, pilot, or
engineer.
40. Subparts 105.50 consisting of Secs. 105.50-1 and 105.50-5 and
105.60 consisting of Secs. 105.60-1, 105.60-5, and 105.60-10 are
removed.
PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES
41. The authority citation for part 151 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 49 CFR 1.46.
42. Section 151.03-53 is revised to read as follows:
Sec. 151.03-53 Tankerman.
The following ratings are established in part 13 of this chapter.
The terms for [[Page 17158]] the ratings identify persons holding valid
merchant mariners' documents for service in the ratings issued under
that part:
(a) Tankerman-PIC.
(b) Tankerman-PIC (Barge).
(c) Restricted Tankerman-PIC.
(d) Restricted Tankerman-PIC (Barge).
(e) Tankerman-Assistant.
(f) Tankerman-Engineer.
43. Paragraph (f)(1) of Sec. 151.45-2 is revised to read as
follows:
Sec. 151.45-2 Special operating requirements.
* * * * *
(f) * * *
(1) The licensed operator, person in command, and mate of a vessel
towing a tank barge that need not be manned, and each of them, shall be
responsible for monitoring the security and integrity of the tank barge
and for ensuring adherence to proper safety precautions. These
responsibilities include, but are not limited to--
(i) Ensuring that every tank barge added to the tow has all tank
openings properly secured; has its freeing-ports and scuppers, if any,
unobstructed; meets any loadline or freeboard requirements; and neither
leaks cargo into the water, voids, or cofferdams nor leaks water into
the tanks, voids, or cofferdams;
(ii) Ensuring that every tank barge in the tow is properly secured
within the tow;
(iii) Ensuring that periodic checks are made of every tank barge in
the tow for leakage of cargo into the water, voids, or cofferdams and
for leakage of water into the tanks, voids, or cofferdams;
(iv) Knowing the cargo of every tank barge in the tow, all hazards
associated with the cargo, and what to do on discovery of a leak;
(v) Ensuring that the crew of the vessel know the cargo of every
tank barge in the tow, all hazards associated with the cargo, and what
to do on discovery of a leak;
(vi) Reporting to the Coast Guard any leaks from a tank barge in
the tow into the water, as required by 33 CFR 151.15; and
(vii) Ensuring that the crew of the vessel and other personnel in
the vicinity of the tank barges in the tow follow the proper safety
precautions for tank vessels, and that no activity takes place in the
vicinity of the barges that could create a hazard.
* * * * *
44. Section 151.45-4 is amended by revising its heading and
paragraph (a) to read as follows:
Sec. 151.45-4 Cargo-handling.
(a) On a United States tank barge subject to inspection--
(1) The owner and operator of the vessel, and his or her agent, and
each of them, shall ensure that no transfer of liquid cargo in bulk or
cleaning of a cargo tank takes place unless under the supervision of a
qualified person designated as the person in charge of the transfer or
the cleaning under Subpart C of 33 CFR part 155.
(2) The person in charge of the transfer shall ensure that enough
qualified personnel are on duty to safely transfer liquid cargo in bulk
or to safely clean cargo tanks.
* * * * *
PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS
45. The authority citation for part 153 is revised to read as
follows:
Authority: 46 U.S.C. 3703, 9101; 49 U.S.C. App. 1804; 33 U.S.C.
1903; 49 CFR 1.46.
46. Section 153.957 is revised to read as follows:
Sec. 153.957 Persons in charge of transferring liquid cargo in bulk or
cleaning cargo tanks.
(a) The owner and operator of the vessel, and his or her agent, and
each of them, shall ensure that--
(1) Enough ``Tankerman-PICs'' or restricted ``Tankerman-PICs'', and
``Tankerman-Assistants'', authorized for the classification of cargo
carried, are on duty to safely transfer liquid cargo in bulk or to
safely clean cargo tanks;
(2) Each transfer of liquid cargo in bulk and each cleaning of a
cargo tank is supervised by a qualified person designated as a person
in charge of the transfer or the cleaning under Subpart C of 33 CFR
part 155;
(3) When cargo regulated under this part is due for transfer, the
person in charge of the transfer has received special training in the
particular hazards associated with the cargo and in all special
procedures for its handling; and
(4) On each foreign vessel, the person in charge understands his or
her responsibilities as described in this subchapter.
(b) Upon request by the Officer in Charge, Marine Inspection, in
whose zone the transfer will take place, the owner and operator of the
vessel, and his or her agent, and each of them, shall provide
documentary evidence that the person in charge has received the
training specified by paragraph (a)(3) of this section and is capable
of competently performing the procedures necessary for the cargo.
PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK
LIQUEFIED GASES
47. The authority citation for part 154 is revised to read as
follows:
Authority: 46 U.S.C. 3703, 9101; 49 CFR 1.46.
48. Section 154.1831 and is revised to read as follows:
Sec. 154.1831 Persons in charge of transferring liquid cargo in bulk
or preparing cargo tanks.
(a) The owner and operator of the vessel, and his or her agent, and
each of them, shall ensure that--
(1) Enough ``Tankerman-PICs'' or restricted ``Tankerman-PICs'', and
``Tankerman-Assistants'', authorized for the classification of cargo
carried, are on duty to safely conduct a transfer of liquid cargo in
bulk or a cool-down, warm-up, gas-free, or air-out of each cargo tank;
(2) Each transfer of liquid cargo in bulk, and each cool-down,
warm-up, gas-free, or air-out of a cargo tank, is supervised by a
person designated as a person in charge of the transfer that possesses
the qualifications required by 33 CFR 155.710;
(3) On each foreign tankship, the person in charge of either a
transfer of liquid cargo in bulk or a cool-down, warm-up, gas-free, or
air-out of a cargo tank possesses the qualifications required by 33 CFR
155.710;
(4) When cargo regulated under this part is being transferred, the
person in charge of the transfer has received special training in the
particular hazards associated with the cargo and in all special
procedures for its handling; and
(5) On each foreign vessel, the person in charge understands his or
her responsibilities as described in this subchapter.
(b) Upon request by the Officer in Charge, Marine Inspection, in
whose zone the transfer will take place, the owner and operator of the
vessel, and his or her agent, and each of them, shall provide
documentary evidence that the person in charge has received the
training specified by paragraph (a)(4) of this section and is capable
of competently performing the procedures necessary for the cargo.
Dated: March 24, 1995.
J.C. Card,
Rear Admiral, Coast Guard, Chief, Office of Marine Safety, Security and
Environmental Protection.
[FR Doc. 95-8123; Filed 4-3-95; 8:45 am]
BILLING CODE 4910-14-P
