[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23512]
[[Page Unknown]]
[Federal Register: September 23, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 30
[CGD 94-069]
Manning, Training, Qualifications, and Watchkeeping Standards for
Foreign Tank Vessels
AGENCY: Coast Guard, DOT.
ACTION: Notice of public meeting.
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SUMMARY: The Coast Guard is scheduling a public meeting to discuss
implementation of Section 4106 of the Oil Pollution Act of 1990 (OPA
90). This section requires the Secretary of the department in which the
Coast Guard is operating to evaluate the licensing, certification,
manning, training, qualification, and watchkeeping standards of foreign
flag tank vessels that operate in U.S. navigable waters or lighter in
any port or place subject to U.S. jurisdiction. The Coast Guard will
hold the meeting to give the public an opportunity to comment on, and
provide input to, the development of this evaluation process.
DATES: The public meeting will be held from 9 a.m. until 4:30 p.m. on
October 19, 1994. Written comments must be received by November 19,
1994.
ADDRESSES: The public meeting will be held in room 2415, Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001
Persons who are unable to attend the public meeting may mail
written comments to the executive Secretary, Marine Safety Council (G-
LRA/3406) (CGD 94-069), U.S. Coast Guard Headquarters, 2100 Second
Street SW., Washington, DC 20593-0001, or deliver them to room 3406 at
the same address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. Persons submitting written comments should
include their names and addresses, identify this notice (CGD 94-069)
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. Persons wanting
acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
FOR FURTHER INFORMATION CONTACT: Marcia Landman, Project Manager, Oil
Pollution Act (OPA 90) Staff, (G-MS-A), (202) 267-6770. This number is
equipped to record messages on a 24-hour basis. Anyone wishing to make
a presentation is requested to call this number and give the following
information: docket number (CGD 94-069); name; company or
organizational affiliation (if any); and the estimated amount of time
needed for the comment.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this Notice are Marcia
Landman, Project Manager, and Mary-Jo Cooney, Project Counsel, OPA 90
Staff, (G-MS-A).
Background and Discussion
Section 4106 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L.
101-380) directs the Secretary of Transportation (Secretary) to
evaluate the manning, training, certification, and watchkeeping
standards of foreign tank vessels on a periodic basis and when a vessel
is involved in certain marine casualties. If the Secretary finds that
the vessel's flag state either does not have, or fails to enforce,
standards for licensing and certification of seaman which are at least
equivalent to United States law or international standards accepted by
the United States (45 U.S.C. 9101(a)(3)), the Secretary is directed to
prohibit the vessel's entry into U.S. waters subject to certain
exceptions which appear in the statute.
The Coast Guard is considering a plan to amend 45 CFR Part 30 to
reflect the use of the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers of 1978, (STCW)
as the appropriate standard for evaluating competencies of seafarers
manning tank vessels certificated by foreign states. Vessels flagged in
countries which are signatories to STCW would be evaluated based on
that Convention. The Coast Guard would accept a certificate issued
under that convention as evidence that the holder is in compliance with
STCW. The proposal would also establish a presumption that flag states
which are signatories to STCW meet or exceed STCW standards of
training, qualification and watchkeeping.
This presumption could be rebutted by showing factors such as--
(1) Evidence that several casualties involving vessels flying the
flag of that state were related to human factors;
(2) A pattern of STCW deficiencies identified during U.S. port
calls, or documented in an international data exchange (based on port
calls in other countries);
(3) A pattern of cases indicating that ships flying the flag of
that state lacked a safe manning document;
(4) Evidence that crews on ships flying the flag of that state have
failed to demonstrate proper performance of operations during port
state control inspections;
(5) Lack of convincing evidence as to the familiarity of the
seafarers with the ship's characteristics as may be appropriate to
their assigned duties in performing duties as a member of a
navigational watch or during emergency drills; or
(6) Evidence that the vessel is crewed by seafarers with
certificates issued of a state other than the flag state and which are
not endorsed by the flag state. On the basis of a review triggered by
the above events, a previous equivalency determination could be
suspended or revoked.
According to Article X.5 of the STCW, ships flagged in non-STCW
signatory countries may not be treated more favorably than ships flying
the flag of STCW signatories.
For tank vessels flagged in non-signatory countries, the Coast
Guard would propose using U.S. law as the standard to assess whether
the flag state's licensing, certification and training standards meet
the equivalency and enforcement tests. The regulation would specify the
documentation (in English) which a flag state, or a vessel's owner or
operator, must provide so that the Coast Guard could determine whether
a vessel meets the requirements. The regulations would also require
submission of the information to the Coast Guard in advance of the
vessel's arrival. In this way, the vessel's owner or operator would
know if the vessel would be allowed to enter port. In some cases
provisional entry might be permitted.
The Coast Guard is also considering a plan to amend 46 CFR part 30
to use the Safety of Life at Sea Convention of 1974, as amended (SOLAS
74/83), and relevant International Maritime Organization resolutions as
guidance for evaluating manning levels. SOLAS 74/83 addresses manning
levels, and requires certain ships of signatories to have an
appropriate safe manning document or its equivalent. Annex 1 of IMO
resolution A.481 (XII) describes the recommended contents of a SOLAS
safe manning document. Certificates of Inspection issued by the U.S.
Coast Guard contain substantially the same requirements as those listed
in this IMO resolution. In most instances, the United States will
accept a SOLAS 74/83 safe manning document as an alternative to
compliance with its manning standards; however, the United States may
intervene under the Ports and Waterways Safety Act (33 U.S.C. 1228) if
manning is manifestly inadequate.
As required by statute, the Coast Guard is considering a plan, to
evaluate the manning, training, qualification and watchkeeping
standards of foreign countries periodically, and when a foreign flag
tank vessel is involved in a marine casualty reportable under 46 U.S.C.
6101(a) (4) or (5). Reportable marine casualties include those
involving material damage affecting the seaworthiness or efficiency of
a vessel, and those which result in significant harm to the
environment. The regulation would also set the period between
evaluations not associated with a reportable marine casualty. This
periodic review might simply be a confirmation that the flag state has
continued to meet its obligations under STCW, and that the available
information systems such as the Marine Safety Information System (MSIS)
do not reveal a pattern of deficiencies.
The Coast Guard is interested in receiving comments on the
potential costs and benefits of this regulation, the impact of this
regulation, and any of the issues discussed in this notice (e.g., the
appropriate length of time between periodic reviews; the combination of
factors listed previously as rebutting the presumption of equivalency
under STCW; or any other factors, which should result in suspension or
revocation of an equivalency determination, etc.).
Because of the potential impacts of this regulation, and the
results of the Coast Guard's regulatory process review, which indicated
that public meetings provide an excellent opportunity for valuable
input at early stages of the development of regulations, the Coast
Guard has decided to hold a public meeting at the time and place
indicated in this notice.
Dated: September 15, 1994.
J. F. McGowan,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-23512 Filed 9-22-94; 8:45 am]
BILLING CODE 4910-14-M
