[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Proposed Rules]
[Pages 5197-5199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2796]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, and 15

[CGD 95-062]
RIN 2115-AF26


Implementation of the 1995 Amendments to the International 
Convention on Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978 (STCW)

AGENCY: Coast Guard, DOT.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is hereby giving notice of its intent to issue 
an interim rule to amend the current domestic regulations on licensing 
and documentation of personnel serving on U.S. seagoing vessels. The 
interim rule will implement the International Convention on Standards 
of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), 
as amended in 1995. Because the 1995 Amendments to STCW will come into 
force on February 1, 1997, the Coast Guard is using this notice to 
inform the public, and the affected industry, of the status of the 
interim rule, and to advise those who will be operating vessels on 
international voyages during the period between February 1, 1997, and 
the date the interim rule becomes effective.

ADDRESSES: The Executive Secretary maintains the public docket for this 
rulemaking. Comments previously received have become part of this 
docket and are available for inspection or copying at room 3406, U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001, between 8:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    Copies of International Maritime Organization (IMO) circular 
(STCW.7/Circ.1) may be obtained by faxing your name and address to 
(202) 267-4570 or (202) 267-4816, by writing to the Commandant (MSO) at 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001, or by calling (202) 267-0229.

FOR FURTHER INFORMATION CONTACT:
Mr. Christopher Young, Project Manager, Office of Operating and 
Environmental Standards (G-MSO), U.S. Coast Guard Headquarters, 2100 
Second Street SW., Washington, DC 20593-0001, telephone (202) 267-0216.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    On July 7, 1995, a Conference of Parties to the International 
Convention on Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978 (STCW), meeting at the Headquarters of the 
International Maritime Organization in London, adopted the amendments 
to the STCW. The 1995 Amendments to STCW enter into force on February 
1, 1997. In the NPRM published on March 26, 1996 (61 FR 13284), the 
Coast Guard proposed a number of changes it considered necessary to 
implement the revised requirements, to ensure that U.S. documents and 
licenses are issued in compliance with the 1995 Amendments to STCW.
    The STCW sets qualifications for masters, officers, and 
watchkeeping personnel on seagoing merchant ships. It was originally 
adopted in 1978 by a conference at IMO Headquarters in London, and it 
entered into force in 1984. Currently, there are 119 State-Parties, 
representing almost 95 percent of the world's merchant-ship tons. The 
United States became a party in 1991. Over 90 percent of ships entering 
U.S. waters are foreign-flag, and most of them are or will be subject 
to STCW. Approximately 350 large U.S. merchant ships that routinely 
visit foreign ports, as well as thousands of smaller U.S. documented 
commercial vessels that operate on ocean or near-coastal voyages, are 
subject to STCW.
    The Amendments adopted by the Conference in July 1995 are 
comprehensive and detailed. They concern port-state control, 
communication of information to IMO to allow for mutual oversight, and 
responsibility of all State-Parties to ensure that seafarers meet 
objective standards of competence. They also require candidates for 
certificates (licenses and document endorsements) to establish 
competence through both subject-area examinations and practical

[[Page 5198]]

demonstrations of skills. Training, assessment, and certification of 
competence are all to be managed within a quality-standards system to 
ensure that stated objectives are being achieved.
    The Coast Guard held seven public meetings in the months leading up 
to the Conference held by IMO, to determine what positions U.S. 
delegations should advocate at preparatory meetings and to exchange 
views about Amendments to STCW under discussion.
    The Coast Guard published a notice of proposed rulemaking (NPRM) in 
the Federal Register on March 26, 1996 (61 FR 13284). That notice 
described the 1995 Amendments to STCW, and proposed changes to 
implement those Amendments in U.S. licensing regulations (46 CFR part 
10), documentation (46 CFR part 12), and manning (46 CFR part 15). The 
notice also invited comments on the proposed rule. Over 500 letters 
were submitted to the public docket. The Coast Guard also held three 
more public meetings to receive comments on the proposed rule.
    The Coast Guard is preparing the interim rule to amend our 
regulations to address the new requirements under the 1995 Amendments 
to STCW. Unfortunately, publication will not take place until after 
February 1, 1997, when the 1995 Amendments to STCW come into force 
worldwide. This may cause some confusion in the U.S. maritime industry. 
The Coast Guard takes this opportunity to advise the industry both of 
the status of the rulemaking, and of other important facts, in the hope 
that confusion and inconvenience will be reduced or eliminated.
    The Coast Guard presents the following information in a question 
and answer format. This notice is as informative as possible, but 
readers should be aware that disclosure of details before issuance of 
the Interim Rule is not appropriate under Coast Guard and Department of 
Transportation policies, and is not in keeping with the Administrative 
Procedure Act (5 U.S.C. 553), which governs rulemaking, and ensures 
fair opportunity for public comment.

What will be the next document to be published on the STCW rulemaking?

    The Coast Guard is preparing an interim rule for publication in the 
Federal Register in the near future. That rule will give the public 
another opportunity for comment on changes made as a result of comments 
submitted to the docket, in response to the NPRM published on March 26, 
1996.

Since the interim rule will not be published before February 1, 1997, 
what is the consequence for personnel serving on U.S. seagoing vessels?

    Personnel serving on U.S. seagoing vessels will not have to comply 
with the new requirements under the 1995 Amendments to the STCW 
Convention until the Interim Rule comes into effect. The Coast Guard 
made every effort to publish the rule prior to the enforcement date of 
February 1, 1997. However, as a matter of fairness and legality, the 
United States will not enforce the 1995 Amendments to the STCW 
Convention until the rule is in effect.
    As a cautionary note, however, owners and operators of U.S.-flag 
seagoing vessels that plan to enter foreign ports should be aware that 
port-state control officers may inquire about steps being taken to meet 
company responsibilities under the 1995 Amendments to STCW. While not 
mandatory, as a matter of U.S. law, until the interim rule comes into 
effect, compliance with certain STCW requirements is highly recommended 
to facilitate entry into foreign ports. In particular, ship operators 
should--
    (a) Post watch schedules that ensure that watchkeeping personnel 
have periods of rest that meet the STCW requirements;
    (b) Provide written instructions to the master of each ship setting 
out policies and procedures for ensuring that new crewmembers receive a 
reasonable opportunity to familiarize themselves with ship-specific 
equipment, operating procedures, and other arrangements needed for 
performance of their duties; and
    (c) Ensure that evidence is available to establish that each member 
of the crew has received familiarization instruction to ensure he or 
she takes appropriate action in an emergency; or, if the member is on 
the muster list, that he or she has participated in organized drills 
and other training exercises relating to fire-fighting, first aid, 
personal survival, and personal safety. No special evidence is required 
for those who hold 1978 STCW certificates or endorsements since basic 
safety was included in the 1978 requirements for certification.
    Operators of vessels engaged in international voyages should 
contact local port agents or representatives to ascertain compliance 
expectations prior to arrival in a foreign port.

Has IMO issued any relevant guidance on the transitional period between 
February 1, 1997, and February 1, 2002?

    IMO has issued guidance in the form of a circular (STCW.7/Circ.1), 
which is based in part on the following two principles. First, if a 
requirement is mentioned in the 1995 Amendments to STCW but already 
exists in the 1978 STCW, then holders of 1978 STCW endorsements may 
continue to serve under those endorsements until February 1, 2002. 
However, holders of such endorsements will need to meet new 
requirements under the 1995 Amendments to STCW if they will be 
continuing their service on or after February 1, 2002. The Interim Rule 
will take this guidance into consideration and will identify any new 
requirements U.S. license holders must meet to acquire STCW 
endorsements valid beyond February 1, 2002.
    Second, in determining the requirement for basic safety training or 
instruction for seafarers already employed before February 1, 1997, 
administrations may consider the merits of each case. This means that 
evidence of competence in the skills required for a particular seafarer 
to perform a safety or pollution prevention duty may be based on that 
seafarer's previous participation in shipboard drills and training 
exercises, until more formal training or instruction can be arranged. 
The Interim Rule will also take this guidance into consideration and 
will identify any new basic safety training or instruction requirements 
seafarers must meet to comply with this rule. A copy of the IMO 
circular (STCW.7/Circ.1) is available on request from Commandant (G-
MSO) at the address given under ADDRESSES.

What must owners and operators of small vessels on domestic voyages do 
to meet the requirements which are scheduled to come into force on 
February 1, 1997?

    Small vessels that operate beyond the boundary line but engage in 
domestic-only voyages will be dealt with in accordance with the special 
provisions of STCW Regulation II/3, paragraph 7, of the 1995 Amendments 
to STCW, which allows administrations to forgo application of 
requirements that would be unreasonable or impractical. The interim 
rule will explain how these small vessels can meet STCW requirements.

When do 1978 STCW certificates and endorsements need to be replaced?

    The 1978 STCW certificates and endorsements are issued for 5-year 
periods that coincide with the period of validity of the licenses or 
documents to which they pertain. After February 1, 1997, the Coast 
Guard will continue to issue 1978 STCW certificates and endorsements; 
but they will expire on a

[[Page 5199]]

date not later than January 31, 2002. The Coast Guard will issue STCW 
certificates and endorsements for service beyond January 31, 2002, only 
to those who meet certain new requirements under the 1995 Amendments to 
STCW. The interim rule will be published in the near future and will 
identify those requirements, which must be met to attain a certificate 
or endorsement for service beyond February 1, 2002.

    Dated: January 30, 1997.
R.D. Herr,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 97-2796 Filed 1-31-97; 10:53 am]
BILLING CODE 4910-14-M