[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Proposed Rules]
[Pages 5767-5773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2697]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Chapter I
46 CFR Chapter I
[USCG-97-3198]
Alternate Convention Tonnage
AGENCY: Coast Guard, DOT.
ACTION: Request for comments.
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[[Page 5768]]
SUMMARY: The Coast Guard is considering developing alternate tonnage
thresholds for certain vessels based on the measurement system
established under the International Convention on Tonnage Measurement
of Ships, 1969. Existing tonnage thresholds in domestic laws and
regulations are based on the U.S. regulatory measurement system.
Establishing alternate convention tonnages as an option for applying
domestic regulations may result in the building of safer, more
efficient vessels and may enable designers and operators of U.S.
vessels to be more competitive in the international market. The Coast
Guard asks for comments on the issues raised and questions listed in
the document.
DATES: Comments must reach the Docket Management Facility on or before
May 15, 1998.
ADDRESSES: You may mail comments to the Docket Management Facility,
(USCG-97-3198), U.S. Department of Transportation, room PL-400 Seventh
Street SW., Washington, DC 20590-0001, or deliver them to room PL-401,
located on the Plaza Level of the Nassif Building at the same address
between 10 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The telephone number is 202-366-9329.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room PL-401, located on the
Plaza Level of the Nassif Building at the same address between 10 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. You may
also access this docket on the Iternet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Paulette Twine, Chief, Documentary
Services Division, Department of Transportation, telephone 202-366-
9329, for questions on the docket or Lieutenant John G. White, Office
of Standards Evaluation and Development (G-MSR-2), Coast Guard,
telephone 202-267-6885, for questions on this document.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this request by
submitting written data, views, or arguments. If you submit comments,
you should include your name and address, identify this document (USCG-
97-3198) and the specific section or question in this document to which
your comments apply, and give the reason for each comment. Please
submit two copies of all comments and attachments in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing to the DOT Docket Management Facility at the address under
ADDRESSES. If you want acknowledgment of receipt of your comments, you
should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period.
The Coast Guard may schedule a public meeting depending on input
received in response to this notice. You may request a public meeting
by submitting a request to the address under ADDRESSES. The request
should include the reasons why a meeting would be beneficial. If the
Coast Guard determines that a public meeting should be held, it will
hold the meeting at a time and place announced by a later document in
the Federal Register.
Purpose
As explained later in this preamble, the Coast Guard is authorized
to establish vessel tonnage thresholds based on the system for
measuring the tonnage of vessels known as the ``convention measurement
system.'' These thresholds are alternatives to the thresholds in
certain U.S. statutes that are based instead on the ``regulatory
measurement system.'' This document is intended to get your ideas and
information on whether the Coast Guard should establish these alternate
thresholds and, if so, what the tonnages should be. This project
affects every segment of the maritime industry subject to a tonnage
threshold, which includes vessel design and construction, vessel
inspection, vessel manning, and merchant mariner licensing. The
alternate tonnages chosen could have significant economic and safety
impacts within the industry. When establishing alternate tonnages, the
Coast Guard's goal will be (1) to encourage the use of convention
measurement, thus allowing vessel owners and builders to focus more on
vessel safety and operating requirements rather than on tonnage and (2)
to avoid, in the process, the adverse economic impacts of over-
regulation.
There are several complex issues involved in establishing alternate
tonnages which must be addressed before a regulatory proposal can be
developed. This document provides background information to help you
understand these issues, poses several questions for you to consider,
and requests your feedback on how the Coast Guard should proceed with
establishing alternate convention tonnages.
Background
Federal shipping laws are usually based on the gross tonnage of a
vessel. Gross tonnage is a measurement of the volume of the interior
spaces of a vessel, with one ton equal to 100 cubic feet of space under
older measurement systems. The gross tonnage specified in a law is
often the threshold used to determine whether or not that law applies
to a particular vessel. For example, to be subject to the laws for
seagoing motor vessels, a seagoing vessel must meet or exceed the
tonnage threshold of 300 gross tons (46 U.S.C. 2101 (33). Tonnage
thresholds are used in hundreds of domestic and international laws and
regulations affecting issues such as vessel design and construction,
vessel inspection, vessel manning, civil penalty liability, financial
responsibility, and merchant mariner licensing.
The traditional system used in the United States for measuring the
tonnage of a vessel is called the ``regulatory measurement system.''
The regulatory measurement system is authorized under 46 U.S.C. chapter
145. It consists of the ``standard'', ``dual'', and ``simplified''
measurement systems and is implemented under 46 CFR part 69, subparts
C, D, and E, respectively. The regulatory measurement system, with the
exception of the simplified system used primarily for smaller vessels,
uses a complex series of internal measurements and exemptions to arrive
at gross tonnage. Over time, this system became increasingly
susceptible to manipulation through the use of tonnage reduction
techniques in designing vessels. These techniques, such as the
inclusion of tonnage openings and extensive framing in a vessel's
design, enabled the designers to artificially reduce a vessel's total
volume when calculating the vessel's gross tonnage. As a result, larger
and larger vessels have been built that remain under the same
regulatory tonnage threshold. In many cases, the use of these
techniques has had a negative impact on the safety, performance,
construction and maintenance costs, and efficiency of vessels.
This situation was not unique to the United States. Other nations
established tonnages using systems similar to the regulatory
measurement system, which were also subject to manipulation, though in
different ways. This resulted in tonnage disparities between
identically-sized vessels of different flags.
In response, the International Convention on Tonnage Measurement of
[[Page 5769]]
Ships, 1969, (the Convention) was developed with the view of
establishing a worldwide measurement system that provides a genuine
representation of a vessel's size. The United States ratified the
Convention in 1982. The Omnibus Reconciliation Act of 1986 (the Tonnage
Act) adopted a measurement system based on the Convention as the
required measurement system for U.S. vessels greater than 79 feet in
length (with certain exceptions based on the vessel's type and build
date). This system, known as the ``convention measurement system,'' is
authorized under 46 U.S.C. chapter 143 and is implemented in 46 CFR
part 69, subpart B.
Under the convention measurement system, gross tonnage is based on
a logarithmic function of the total enclosed volume of a vessel and is
not subject to manipulation through the use of tonnage reduction
techniques. Because of the differences between regulatory measurement
and convention measurement, the measured tonnage for a single vessel
could differ substantially (e.g., by thousands of tons for a 200 foot
vessel). Since convention measurement does not allow for the use of
tonnage reduction techniques, vessels measured using this system are
often greater in tonnage than vessels measured using regulatory
measurement. The convention measurement system is desirable because it
provides a reliable gauge of a vessel's size, allows vessel owners and
builders to focus vessel design around safety and operating
requirements, and allows for uniform application of international
regulations.
To prevent possible adverse economic impacts on vessel owners
during the transition to the convention measurement system, the Tonnage
Act provides for the retention of the existing regulatory measurement
system. Under the Tonnage Act, the owner of a vessel required to be
measured under the convention measurement system can request that the
vessel also be measured under the regulatory measurement system. Once a
regulatory tonnage is assigned, that figure must be used for
determining the applicability of certain domestic and international
regulations. For example, the Coast Guard would use that regulatory
tonnage figure when evaluating a merchant mariner's experience for
licensing purposes.
Operating under two tonnage measurement systems has proven to be
very complex and difficult. Currently, new or newly modified, U.S.-flag
vessels must use convention tonnage for several important international
conventions but may use their often lower regulatory tonnage for
domestic laws and regulations. As a result, U.S. vessels that were
designed to stay below a certain domestic regulatory threshold by using
costly and inefficient tonnage reduction techniques may be less
competitive in the international marketplace. For example, a 192-foot-
long passenger vessel that was designed to measure under 100 gross
regulatory tons using tonnage reduction techniques measured
approximately 2,100 gross tons under the convention measurement system.
The extensive use of tonnage reduction techniques can require
additional hull material without adding strength to the vessel, create
substantial areas of wasted space, increase construction cost as much
as 10 to 15 percent, and add significantly to the lightship weight of
the vessel.
Alternate Convention Tonnages
For many years, the Coast Guard has worked with the maritime
industry to ease the transition to the convention measurement system.
The first step was to seek a change in the shipping statutes to allow
the Coast Guard to prescribe alternate convention tonnages for its
regulatory tonnage thresholds. The rationale was that reasonably high
alternate tonnages would give vessel owners little incentive to opt for
regulatory tonnage measurement. The use of costly and inefficient
tonnage reduction techniques would no longer be necessary to remain
competitive in the domestic market.
The Coast Guard Authorization Act of 1996 (the Authorization Act)
amended certain statutes to authorize, but not require, the Coast Guard
to establish alternate tonnage thresholds based on the convention
measurement system. With alternate convention tonnages in place, a
vessel constructed without tonnage reduction techniques would be
regulated under the same domestic standards that currently apply to a
comparably sized vessel constructed with tonnage reduction techniques.
Once alternate thresholds are established, regulatory tonnage will
remain available, by law, for regulating existing and future vessels at
the vessel owner's option.
Table of Statutes Authorizing the Establishment of Alternate Convention
Tonnage Thresholds
The following table lists the statutes amended by the Authorization
Act to allow the Coast Guard to prescribe alternate convention
tonnages. The table is arranged by section in the Authorization Act
(sections 703 through 744). The second column lists the U.S. Code
citation of the statutes amended. The third column gives a brief
description of the subject of each statute and its existing regulatory
tonnage threshold. The table indicates only the statutes affected and
none of the regulations based on these statutory thresholds. Should the
Coast Guard elect to establish alternate tonnages, it will address the
changes to applicable regulations in future rulemaking documents.
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Authorization act section Title 33 U.S. Code cite Description
----------------------------------------------------------------------------------------------------------------
703.................................... 903(d)(3).............................. Addresses death or disability
compensation for employees at
facilities engaged
exclusively in building,
repairing, or dismantling
certain commercial vessels
less than 1,600 gross tons.
704.................................... 1203(a)(2)............................. Requires vessels of 100 gross
tons and upward carrying more
than one passenger for hire
to have a radiotelephone
capable of operating from the
navigational bridge and
capable of transmitting on
certain frequencies in
accordance with Federal
Communications Commission
(FCC) standards.
705.................................... 1223(a)(3)............................. Precludes the Coast Guard from
requiring fishing vessels
under 300 gross tons to carry
specified navigational or
safety equipment.
706.................................... App. 883-1............................. Allows relaxation of Jones Act
citizenship requirements for
motor vessels less than 500
gross tons engaged in
specific mining and
manufacturing trades.
707.................................... App. 883(a)............................ Requires a report to the Coast
Guard if a documented vessel
of more than 500 gross tons
is rebuilt abroad.
708.................................... App. 1295a(4)(a)....................... Defines a merchant marine
officer as any person who
holds a Coast Guard-issued
license authorizing service
as a master, mate, or pilot
on board any vessel of 1,000
gross tons or more which is
documented in the U.S. and
which operates on the oceans
or Great Lakes.
[[Page 5770]]
709(1)................................. 2101(13)............................... Defines ``freight vessel'' as
a motor vessel of more than
15 gross tons that carries
freight for hire, except an
oceanographic research vessel
or an offshore supply vessel.
709(2)................................. 2101(13a).............................. Defines ``Great Lakes barge''
as a non-self-propelled
vessel of at least 3,500
gross tons operating on the
Great Lakes.
709(3)................................. 2101(19)............................... Defines ``offshore supply
vessel'' as a motor vessel of
more than 15 gross tons but
less than 500 gross tons that
regularly carries goods,
supplies, or equipment in
support of exploration,
exploitation, or production
of offshore mineral or energy
resources. Previous
rulemaking (61 FR 66613)
established 6,000 gross tons
as the alternate Convention
tonnage threshold under this
definition.
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----------------------------------------------------------------------------------------------------------------
Authorization act section Title 46 U.S. Code cite Description
----------------------------------------------------------------------------------------------------------------
709(4)................................. 2101(22)............................... Defines ``passenger vessel''
as a vessel of at least 100
gross tons that carries more
than 12 passengers, including
at least one passenger for
hire; or that is chartered
and carriers more than 12
passengers.
709(5)................................. 2101(30)(A)............................ Defines ``sailing school
vessel'' as a vessel of less
than 500 gross tons carrying
more than 6 individuals who
are instructors or students,
is principally equipped for
sail propulsion, and meets
specific ownership criteria.
709(6)................................. 2101(32)............................... Defines ``seagoing barge'' as
a non-self-propelled vessel
of at least 100 gross tons
making voyages beyond the
Boundary Line.
709(7)................................. 2101(33)............................... Defines ``seagoing motor
vessel'' as a motor vessel of
at least 300 gross tons
making voyages beyond the
Boundary Line.
709(8)................................. 2101(35)............................... Defines ``small passenger
vessel'' as a vessel of less
than 100 gross tons carrying
more than 6 passengers,
including at least one
passenger for hire; that is
chartered with a crew
provided or specified by the
owner and carrying more than
6 passengers; or that is
chartered with no crew
provided or specified and
carrying more than 12
passengers.
709(9)................................. 2101(42)............................... Defines and ``uninspected
passenger vessel'' as (1) a
vessel of at least 100 gross
tons carrying not more than
12 passengers, including at
least one passenger for hire,
or that is chartered with a
crew carrying not more than
12 passengers; or (2) a
vessel of less than 100 gross
tons carrying not more than 6
passengers, including at
least one passenger for hire,
or that is chartered with the
crew provided or specified
and carrying not more than 6
passengers.
710(1)................................. 2113(4)................................ Allows the Coast Guard to
establish alternate
structural fire protection,
manning, operating, and
equipment requirements for
vessels of at least 100 gross
tons but less than 300 gross
tons carrying not more than
150 passengers on domestic
voyages.
710(2)................................. 2113(5)................................ Allows the Coast Guard to
establish alternate
structural fire protection,
manning, operating, and
equipment requirements for
former U.S. public vessels of
at least 100 gross tons but
less than 500 gross tons,
carrying not more than 150
passengers on domestic
voyages.
711(1)................................. 3302(c)(1)............................. Exempts a fish processing
vessel of not more than 5,000
gross tons from certain
inspection requirements.
711(2)................................. 3302(c)(2)............................. Exempts a fish tender vessel
of not more than 500 gross
tons from certain inspection
requirements.
711(3)................................. 3302(c)(4)(A).......................... Exempts a fish tender vessel
of not more than 500 gross
tons engaged in the Aleutian
trade from certain inspection
requirements.
711(4)................................. 3302(d)(1)............................. Exempts a motor vessel of less
than 150 gross tons,
constructed before August 23,
1958, from certain freight
vessel inspection
requirements if certain
criteria are met.
711(5)................................. 3302(i)(1)(A).......................... Allows the Coast Guard to
exempt from certain
inspection requirements a
vessel of not more than 300
gross tons transporting cargo
from place in Alaska to
another place in Alaska
provided that certain
criteria are met.
711(6)................................. 3302(j)................................ Allows the Coast Guard to not
inspect a nautical school
vessel of not more than 15
gross tons when certain
criteria are met.
712(1)................................. 3306(h)................................ Allows the Coast Guard to
establish structural fire
protection, manning,
operational, and equipment
requirements for vessels of
at least 100 gross tons and
less than 300 gross tons that
carry not more than 150
passengers.
712(2)................................. 3306(i)................................ Allows the Coast Guard to
establish structural fire
protection, manning,
operational, and equipment
requirements for former U.S.
public vessels of at least
100 gross tons but less than
500 gross tons that carry no
more than 150 passengers.
713(1)................................. 3318(a)................................ Sets the civil penalty
liability at not more than
$5,000 for the violation of
inspection regulations
applicable to a freight
vessel of less than 100 gross
tons.
713(2)................................. 3318(j)(1)............................. Sets the civil penalty
liability at $2,000 a day for
a vessel of less than 1,600
gross tons operating without
a certificate of inspection.
714(1)................................. 3702(b)(1)............................. Excludes from tank vessel
inspection requirements a
documented vessel of not more
than 500 gross tons that is
considered a tank vessel only
due to the transfer of fuel
from fuel supply tanks to
offshore drilling or
production facilities.
714(2)................................. 3702(c)................................ Excludes from tank vessel
inspection requirements a
fishing or fish tender vessel
of not more than 500 gross
tons when engaged only in the
fishing industry.
714(3)................................. 3702(d)................................ Excludes from tank vessel
inspection requirements a
fish processing vessel of not
more than 5,000 gross tons
(unless the vessel carries
flammable or combustible
liquid cargo in bulk).
[[Page 5771]]
715(1)................................. 3703a(b)(2)............................ Exempts a tank vessel of less
than 5,000 gross tons from
double hull requirements if
the vessel is equipped with a
double containment system
determined effective by the
Coast Guard.
715(2)................................. 3703a(c)(2)............................ Establishes double hull
requirements for tank vessels
of less than 5,000 gross
tons.
715(3)................................. 3703a(c)(3)(A)......................... Establishes double hull
requirements for tank vessels
of at least 5,000 gross tons
but less than 15,000 gross
tons.
715(4)................................. 3703a(c)(3)(B)......................... Establishes double hull
requirements for tank vessels
of at least 15,000 gross tons
but less than 30,000 gross
tons.
715(5)................................. 3703a(c)(3)(C)......................... Establishes double hull
requirements for tank vessels
of at least 30,000 gross
tons.
716(1)................................. 3707(a)................................ Requires a new tanker of at
least 10,000 gross tons to be
equipped with specified
vessel steering control
equipment.
716(2)................................. 3707(b)................................ Requires an existing tanker of
at least 10,000 gross tons to
be equipped with specified
vessel steering control
equipment.
717.................................... 3708................................... Requires a self-propelled tank
vessel of at least 10,000
gross tons to be equipped
with specified vessel
navigation equipment.
718.................................... 4701(1)................................ Defines the term abandon as to
moor, strand, wreck, sink, or
leave a barge of more than
100 gross tons unattended for
longer than forty-five days.
719(1)................................. 5102(b)(4)............................. Exempts certain fish
processing vessels of not
more than 5,000 gross tons
from Load Line requirements.
719(2)................................. 5102(b)(5)............................. Exempts certain fish tender
vessels of not more than 500
gross tons from Load Line
requirements.
719(3)................................. 5102(b)(10)............................ Exempts certain ``existing
vessels'' of not more than
150 gross tons from Load Line
requirements.
720.................................... 7101(e)(3)............................. Exempts individuals who serve
only as a pilot on a vessel
of less than 1,600 gross tons
from the licensing
requirement to obtain a
thorough physical examination
each year while holding the
license.
721.................................... 7308................................... Establishes the required
service for the endorsement
of able seamen-limited as 18
months' service on deck
aboard vessels of at least
100 gross tons operating on
oceans or navigable waters of
the U.S.
722.................................... 7310................................... Requires at least 6 months'
service on deck aboard
vessels operating on the
oceans or the navigable
waters of the U.S. to qualify
for rating as an able seaman-
offshore supply vessel for
service on a vessel of less
than 500 gross tons engaged
in the offshore industry.
723(1)................................. 7312(b)................................ Permits individuals qualified
as able seamen-limited to
constitute all able seamen
required on a vessel of less
than 1,600 gross tons.
723(2)................................. 7312(c)(1)............................. Permits individuals qualified
as able seamen-special to
constitute all able seamen
required on a vessel of not
more than 500 gross tons, or
on a seagoing barge or towing
vessel.
723(3)................................. 7312(d)................................ Permits individuals qualified
as able seamen-offshore
supply vessel to constitute
all able seamen required on
board a vessel of less than
500 gross tons engaged in
support of the offshore
industry.
723(4)................................. 7312(f)(1)............................. Permits individuals qualified
as able seamen-fishing
industry to constitute all
able seamen required on
certain fish processing
vessels of more than 1,600
gross tons but not more than
5,000 gross tons.
723(5)................................. 7312(f)(2)............................. Permits individuals qualified
as able seamen-fishing
industry to constitute all
able seamen required on
certain fish processing
vessels of more than 5,000
gross tons.
724.................................... 7313(a)................................ Provides for prescribing by
regulation classes of
endorsement as qualified
members of the engine
department on vessels of at
least 100 gross tons.
725.................................... 8101(h)................................ Sets the civil penalty
liability for a violation of
vessel manning laws by an
owner, charterer, or managing
operator of a freight vessel
of less than 100 gross tons
at $1,000.
726.................................... 8102(b)................................ Requires that a fish
processing vessel of more
than 100 gross tons keep a
suitable number of watchmen
trained in firefighting on
board during hotwork
operations.
727.................................... 8103(b)(3)(A).......................... Provides that the Coast Guard
may waive a citizenship
requirement for all but the
master of a documented
offshore supply vessel or
similarly engaged vessel that
is less than 1,600 gross tons
and operated from a foreign
port.
728(1)................................. 8104(b)................................ Provides that on an oceangoing
or coastwise vessel of not
more than 100 gross tons
(except a fishing, fish
processing, or fish tender
vessel), a licensed
individual may not be
required to work more than 9
of 24 hours when in port or
more than 12 of 24 hours at
sea.
728(2)................................. 8104(d)................................ Requires division of licensed
individuals, sailors, coal
passers, firemen, oilers, and
water tenders into at least 3
watches when at sea on
merchant vessels of more than
100 gross tons. Applies to
radio officers only when at
least 3 radio officers are
employed. Licensed
individuals and seamen in the
deck and engine departments
may not be required to work
more than 8 hours in one day.
Exempts fish processing
vessels of not more than
5,000 gross tons from these
requirements.
728(3)................................. 8104(l)(1)............................. Requires division of licensed
personnel and deck crew on
uninspected fish processing
vessels entered into service
before January 1, 1988, and
more than 1,600 gross tons
into 2 watches.
728(4)................................. 8104(m)(1)............................. Exempts fish processing
vessels entered into service
before January 1, 1988, and
less than 1,600 gross tons
from watch section
requirements.
728(5)................................. 8104(o)(1)............................. Requires division of licensed
individuals and crewmembers
on fish tender vessels of not
more than 500 gross tons and
engaged in the Aleutian trade
into at least 3 watches.
728(6)................................. 8104(o)(2)............................. Requires division of licensed
individuals and crewmembers
on certain fish tender
vessels of not more than 500
gross tons engaged in the
Aleutian trade into at least
2 watches.
729(1)................................. 8301(a)(2)............................. Requires 3 licensed mates on
all inspected vessels over
1,000 gross tons propelled by
machinery, with certain
exceptions.
[[Page 5772]]
729(2)................................. 8301(a)(3)............................. Requires 2 licensed mates on
vessels of at least 200 gross
tons but less than 1,000
gross tons propelled by
machinery.
729(3)................................. 8301(a)(4)............................. Requires one licensed mate on
vessels of at least 100 gross
tons but less than 200 gross
tons propelled by machinery,
unless the vessel is on a
voyage of more than 24 hours,
in which case it must have 2
licensed mates.
729(4)................................. 8301(a)(5)............................. Requires one licensed engineer
on a freight vessel or
passenger vessel of at least
300 gross tons and propelled
by machinery.
729(5)................................. 8301(b)................................ Requires one licensed engineer
on an offshore supply vessel
of more than 200 gross tons.
730.................................... 8304(b)(4)............................. Exempts a vessel of less than
200 gross tons from
compliance with the Officers'
Competency Certificates
Convention, 1936.
731(1)................................. 8701(a)................................ Requires that individuals
serving on board a merchant
vessel of at least 100 gross
tons have merchant mariners'
documents, with certain
exceptions.
731(2)................................. 8701(a)(6)............................. Exempts fish processing
vessels of not more than
1,600 gross tons that entered
into service before January
1, 1998, from the requirement
that individuals serving on
board have merchant mariners'
documents.
732(1)................................. 8702(a)................................ Requires that on vessels of
100 gross tons and greater,
75% of the crew understand
orders spoken by officers and
65% of the deck crew have
merchant mariners' documents
endorsed for the rating of at
least able seamen.
732(2)................................. 8702(a)(6)............................. Exempts fish processing
vessels entered into service
before January 1, 1988, and
not more than 1,600 gross
tons from the requirements in
46 U.S.C. 8702(a).
733.................................... 8901................................... Requires that a freight vessel
of less than 100 gross tons
be operated by an individual
licensed by the Coast Guard
to operate that type of
vessel in a particular
geographic area.
734.................................... 8905(b)................................ Exempts vessels of less than
200 gross tons engaged in the
offshore mineral and oil
industry from towing vessel
manning requirements in 46
U.S.C. 8904.
735.................................... 9303(a)(2)............................. Requires each applicant for
the U.S. registered pilot
service to have acquired at
least 24 months licensed
service or equivalent
experience on vessels or
integrated towing vessels and
tows of at least 4,000 gross
tons, operating on the Great
Lakes or oceans, with a
minimum of 6 months service
or experience having been on
the Great Lakes.
736.................................... 10101(4)(B)............................ Includes certain fish
processing vessels of not
more than 1,600 gross tons in
the definition of fishing
vessel.
737.................................... 10301(a)(2)............................ Requires shipping articles on
vessels of at least 75 gross
tons engaged on voyages
between a U.S. port on the
Atlantic Ocean and a U.S.
port on the Pacific Ocean.
738.................................... 10501(a)............................... Requires Master/Crew
agreements on vessels of at
least 50 gross tons engaged
on voyages between a port in
one State and a port in
another State (except an
adjoining State).
739.................................... 10601(a)(1)............................ Requires fishing agreements
between a Master or
individual in charge and the
crew on fishing, fish
processing, or fish tender
vessels of at least 20 gross
tons engaged on a voyage from
a port in the U.S.
740.................................... 11101(a)............................... Exempts a vessel of less than
100 gross tons from certain
seamen accommodation
requirements.
741.................................... 11102(a)............................... Requires that a medicine chest
be provided on a vessel of at
least 75 gross tons on a
voyage between a port of the
U.S. on the Atlantic Ocean
and Pacific Ocean.
742.................................... 11301(a)(2)............................ Requires that U.S. vessels of
at least 100 gross tons on a
voyage between a port of the
U.S. on the Atlantic Ocean
and the Pacific Ocean have an
official logbook.
743.................................... 12106(c)(1)............................ Provides for the issuance of a
coastwise trade endorsement
on foreign built vessels of
less than 200 gross tons
engaged in the coastwise
trade of fisheries products
between places in Guam,
American Samoa, and the
Northern Mariana Islands.
744.................................... 12108(c)(1)............................ Provides for the issuance of a
fishery endorsement to engage
in fishing in the territorial
sea or fishery conservation
zone adjacent to Guam,
American Samoa, and Northern
Mariana Islands for foreign
built vessels of less than
200 gross tons.
----------------------------------------------------------------------------------------------------------------
Problems With Determining Alternate Tonnages
While the Coast Guard now has the necessary statutory authority to
establish alternate convention tonnage thresholds, determining these
thresholds is a very complex task. The extent to which different
classes of vessels currently rely on tonnage reduction techniques
varies, so a single conversion factor would not be appropriate for all
tonnage thresholds. Rather, each threshold must be carefully considered
based on the class or classes of vessel it applies to and its
relationship to other thresholds.
When establishing an alternate convention threshold, the Coast
Guard hopes to arrive at a figure high enough to capture the majority
of existing vessels and future vessels of comparable sizes. However, if
an alternate threshold is set too high, certain vessels may be
inadvertently exempted from important safety regulations. If an
alternate threshold is set too low, some vessels may be burdened by
additional regulations.
The following examples illustrate the complexities involved:
1. Small passenger vessels. A passenger vessel qualifies as
``small'' if it is under 100 gross regulatory tons. Suppose that an
alternate to this threshold is set at 500 gross convention tons.
Suppose that your vessel measure 99 gross regulatory tons and 499 gross
convention tons. According to 46 U.S.C. 8301, as shown in the table
below, you would need two licensed mates under your convention tonnage,
but none under your regulatory tonnage. Clearly, this creates a severe
disincentive for you to have your vessel regulated under alternate
convention tonnages (thereby allowing removal of tonnage reduction
features), unless alternate tonnages are established for Sec. 8301 as
well.
------------------------------------------------------------------------
Tonnage of vessel (with certain
Number of licensed mates required exceptions)
------------------------------------------------------------------------
3..................................... 1,000 GT or more (46 U.S.C.
8301(a)(2)).
[[Page 5773]]
2..................................... 200 GT to less than 1,000 GT (46
U.S.C. 8301(a)(3)).
1..................................... 100 GT to less than 200 GT (46
U.S.C. 8301 (a)(4)).
No provision.......................... Under 100 GT.
------------------------------------------------------------------------
You might think that this problem could be solved by simply
establishing higher alternate tonnages in section 8301 to provide
parity to small passenger vessels measured under the convention system.
Unfortunately, however, section 8301 does not apply just to small
passenger vessels but to virtually all commercial vessels. Furthermore,
different classes of vessels differ in the range between regulatory and
convention tonnages. For example, a freight vessel of 175 regulatory
tons might measure 175 convention tons. If the alternate tonnage under
section 8301 was set higher than the regulatory tonnage to address
small passenger vessels, it may result in fewer mates on convention-
measured freight vessels.
2. Merchant mariner licensing. The problem of establishing
alternate tonnages is further compounded by the interrelationship among
the shipping statutes, such as in the case of merchant mariner
licensing. The tonnage of the vessel on which you have served may make
a difference in the licenses for which you are eligible or the vessels
upon which you may serve. For example, you may have earned your license
based on service on a vessel with an assigned regulatory tonnage. If
you decide to change jobs and serve on a comparably-sized vessel of the
same class that is regulated according to a higher convention tonnage,
you may not be eligible to serve on the vessel unless your license is
adjusted accordingly. This situation may also affect the way in which
the Coast Guard determines your eligibility to renew or upgrade your
license.
The international community took steps to address this issue in the
1995 Amendments to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978 (STCW).
STCW specifies alternate convention tonnages that may be adopted by an
Administration (such as the Coast Guard for the United States) for
reissuing or revalidating licenses (i.e., 500 gross convention tons for
the 200 gross regulatory ton threshold and 3,000 gross convention tons
for the 1,600 gross regulatory ton threshold). In response to a request
for comments in an interim rule published on June 26, 1997 (62 FR
34506), the Coast Guard received several comments generally supporting
the STCW licensing thresholds but deferred deciding whether to adopt
the thresholds until the problems addressed in this notice are
resolved.
Previous Effort To Establish an Alternate Tonnage Threshold
On December 18, 1996, the Coast Guard established a maximum
alternate tonnage for offshore supply vessels (61 FR 66613). A quick
response was necessary to respond to the offshore supply vessel
industry's pressing need for a new, technologically-advanced fleet.
This maximum alternate tonnage value of 6,000 convention gross tons was
used in the recent final rule for offshore supply vessels published in
the Federal Register on September 19, 1997 (62 FR 49308).
Questions
The process of establishing alternate convention tonnages could
take many years. It could affect many regulations and virtually all of
the maritime industry. The Coast Guard encourages you to become
involved in the earliest stages of this project.
We especially need your help in answering the following questions,
although additional information is welcome. In responding to each
question, please explain your reasons for each answer so that we can
carefully weigh the consequences and impacts of any future actions we
may take.
1. For the type or types of vessel you design, build, or operate
and the nature of your operations, should the Coast Guard establish
alternate convention tonnage thresholds? Please explain.
2. Based on your circumstances, what advantages, disadvantages, or
both do you foresee with alternate Convention tonnages?
3. Which threshold or thresholds should the Coast Guard establish
first? Why? What timeline should the Coast Guard use? Why?
4. If an alternate threshold is needed, what convention tonnage
should be specified? Please relate your answer to specific subjects
(e.g., vessel manning), to vessel classes (e.g., small passenger
vessels), or to statutory provisions listed in the table of statutes.
5. What other strategies, besides implementing alternate tonnages,
do you think could be used by the Coast Guard and industry to
discourage the use of undesirable tonnage reduction techniques? Why?
6. When establishing alternate tonnages, how should the Coast Guard
address tonnage thresholds that apply to many vessel classes, such as
manning requirements?
7. Where an international convention, such as STCW, specifies an
alternate convention threshold for certain purposes, should the Coast
Guard adopt that figure as its alternate convention threshold for those
purposes?
Dated: January 28, 1998.
Joseph J. Angelo,
Acting, Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 98-2697 Filed 2-3-98; 8:45 am]
BILLING CODE 4910-14-M
