[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Rules and Regulations]
[Pages 25115-25136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11779]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 154, 155, and 156
46 CFR Parts 13, 15, 30, 35, 98, and 105
[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: Final rule.
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SUMMARY: This final rule 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 on board
vessels. It is necessary to protect our waterways. It will ensure that
these persons are competent to perform their duties, even during
emergencies; will improve the handling, transfer, and transport of
these cargoes; and will reduce the risk and severity of spillage from
tank vessels.
DATES: This final rule is effective June 9, 1997.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001, between 9:30 a.m. and 2 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Mr. Mark C. Gould, Project Manager,
Maritime Personnel Qualifications Division, (202) 267-6890.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 18, 1980, the Coast Guard published two notices of
proposed rulemaking (NPRMs): CGD 79-116, which proposed rules for
tankermen (45 FR 83290); and CGD 79-116a, which proposed rules for
persons in charge of transfers of oil (45 FR 83268).
On October 17, 1989, the Coast Guard published a supplemental
notice of proposed rulemaking (SNPRM) entitled, ``Tankerman
Requirements and Qualifications for Persons-in-Charge of Dangerous
Liquid and Liquefied Gas Transfer Operations'' (54 FR 42624), which
combined the two original rulemakings and officially closed CGD 79-116a
as a distinct rulemaking. The Coast Guard received 42 comments on that
SNPRM. No public meeting was requested, nor was one held.
On April 4, 1995, the Coast Guard published an interim rule
entitled ``Qualifications for Tankermen, and for Persons in Charge of
Transfers of Dangerous Liquids and Liquefied Gases'' (60 FR 17134). On
March 26, 1996, the Coast Guard reopened the comment period (61 FR
13098). No public meeting was requested, nor was one held.
Background and Purpose
Background information on qualifications for tankermen, and for
persons in charge of transfers of dangerous liquids and liquefied
gases, appears in the preamble to the interim rule published on April
4, 1995.
Discussion of Comments
The Coast Guard received a total of 56 letters in response to the
reopened comment period; these presented more than 200 comments. All of
these letters are available for inspection in CGD 79-116 at the address
listed under ADDRESSES.
1. General Comments
One comment asked what impact this rulemaking would have on fishing
vessels. Tankerman rules for fishing vessels may be found in 46 CFR
part 105, which discusses commercial fishing vessels dispensing
petroleum products, and in particular under Sec. 105.45-1, which
details the tankerman requirements for these vessels.
Another comment supported the Coast Guard in its efforts to align
this rulemaking with the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978 (STCW).
One comment noted that the definition of ``tankship'' varies from
section to section in this rulemaking. The Coast Guard agrees and has
defined ``tankship,'' ``self-propelled tank vessel,'' ``tank vessel,''
and ``tank barge,'' as appropriate, in the definition sections of 33
CFR part 154 and 46 CFR parts 13 and 30.
A separate comment asked the Coast Guard to define ``in bulk.'' The
Coast Guard defines ``in bulk'' as ``liquid cargo in bulk,'' found in
46 CFR 13.103.
Several comments noted that the course in dangerous liquids (DL)
for tankerman will meet the vapor-recovery regulations in 46 CFR 39.10-
11 but not, as stated in the preamble to the interim rule, the
facility-training regulations in 33 CFR 154.840. The Coast Guard agrees
and has made it clear in the final rule that this course will meet only
the vapor-recovery regulations.
A separate comment noted that a discussion of endorsements as
restricted Tankerman person in charge (PIC) and Tankerman-PIC (Barge)
referred to benefits for only oil and chemical companies. In fact,
these endorsements are intended for the benefit of all companies, not
just oil and chemical--and many mariners--engaged in the carriage of DL
or liquefied gases (LG).
Two comments indicated that the language and organization of the
interim rule were unusually confusing and difficult to follow. The
Coast Guard agrees and has made every effort to make the final rule
easier to understand.
[[Page 25116]]
Another comment indicated that 33 CFR parts 154 and 156 should not
apply to a mobile transfer facility with a capacity of less than 250
barrels. Yet, as written, it will be applicable to any facility or
vessel if there is a transfer of oil or hazardous material to, from, or
within any vessel with a capacity of 250 barrels or more. The Coast
Guard disagrees with the comment. The Oil Pollution Act of 1990 (OPA
90), enacted by Congress, established the criteria for these
regulations. To change the types of vessel required to comply with
these regulations would necessitate a change in the law by Congress.
Two comments supported allowing mariners interested in returning to
sea after serving in a marine-related capacity ashore to substitute
related experience for sea service. The Coast Guard disagrees because
few marine-related jobs ashore relate directly to a tankerman's duties.
It is important that a tankerman retain his expertise, and this cannot
be done working in other shoreside capacities. It should also be borne
in mind that if the mariner does not comply with 46 CFR 13.113 by the
first renewal of his or her U.S. Merchant Mariner's Document (MMD)
after March 31, 1997, he or she will have to comply with Sec. 13.201
for an original Tankerman-PIC endorsement.
2. Training Courses
One comment supported the Coast Guard's proposal to defer the
requirement of the DL and LG courses for a limited time, because of the
limited availability of courses. This would give mariners a reasonable
time to satisfactorily complete the courses. This deferral was outlined
in a policy letter to the Regional Examination Centers (RECs) dated
April 9, 1996. It is also available in the docket.
Several comments stated that firefighting training should not be
required when the tankerman certification is restricted to cargoes that
are not flammable or combustible. The Coast Guard agrees in part. Use
of shoreside pumping equipment seldom presents danger of fire; and for
this use, the firefighting course may be less important. In contrast,
use of a barge's own pumping equipment presents danger of fire; methods
of extinguishing such fire are the subject of the course in tank-barge
firefighting. So an applicant obtaining a restricted Tankerman-PIC
endorsement without having taken a course in firefighting will be
authorized only to handle non-flammable or non-combustible cargoes on
those vessels that do not use their equipment to load or discharge a
cargo.
Another comment stated that firefighting training should not be
required for any tankerman endorsement. The Coast Guard disagrees. An
alert and trained tankerman will, in all probability, be the first
person to notice a barge fire during a transfer. The 2-day course in
tank-barge firefighting teaches the student not only the hazards
involved with a fire on board a tank barge but also how to determine
whether he or she can prevent a confinable fire from becoming an
unmanageable one. Students in the course will have to participate in
realistic fire-extinguishment exercises involving responses to fires in
the early stages using equipment found on tank barges--portable fire
extinguishers.
Two comments indicated that requiring applicants for original
endorsements to have completed their DL or LG courses within 2 years of
application was too restrictive. The comments indicated that the Coast
Guard should allow applicants to have completed the required course up
to 5 years before the date of application. The Coast Guard agrees and
has increased the time limit from 2 to 5 years. 46 CFR 13.209, 13.309,
and 13.409 have been changed accordingly.
One comment wanted to require that all DL or LG courses be Coast
Guard approved. The Coast Guard agrees. All these courses must be
approved by the Coast Guard or found to be acceptable by the Officer in
Charge, Marine Inspection (OCMI), who will review them against
appropriate curricula in 46 CFR 13.121.
One comment recommended that the Coast Guard amend 46 CFR 10.303(d)
to require that trainers keep students' records; however, this change
is beyond the scope of this rulemaking.
Another comment stated that, by not requiring a minimum number of
hours to cover the DL or LG course, the Coast Guard would allow oil or
chemical companies to set their own standards. To clarify, the
companies would not offer the course, in most cases (educational
facilities would), and the Coast Guard would both approve and monitor
it.
One comment recommended that the DL and LG courses contain training
in proper radio communications. The Coast Guard disagrees. Since a
check of radio communications is part of the pre-transfer inspection
procedure, if one of the PICs is having difficulty in radio
communications, it will be evident to the other PIC before th3e
transfer commences.
Several comments did not want Crude-Oil Washing (COW) systems and
inert-gas systems included in the syllabus for DL and LG courses for
Tankerman-PIC (Barge). The Coast Guard agrees and has deleted these and
other inapplicable subjects from the syllabus.
3. 33 CFR 155.700 (Designation of PIC)
The Coast Guard received one comment requesting that the wording
from Sec. 155.710, concerning the appointment of the PIC of a transfer,
be incorporated into this section. Specifically, the comment stated
that it is routine for shippers or facility operators to designate the
Tankerman-PIC without consulting with the owner or operator of the
vessel and that, in those situations, the Tankerman-PIC is an employee
of the facility, of an independent tankering service, or of the cargo
interest. The Coast Guard agrees and has incorporated this wording.
Another comment asked whether Sec. 155.700 applied to bunkering. To
clarify, if the transfer of bunkers meets the criteria of Sec. 155.700,
this section applies.
4. 33 CFR 155.710 (Qualifications of PIC)
The Coast Guard received one comment asking whether a Chief
Engineer or First Assistant Engineer could act as the Tankerman-PIC of
a fuel-oil transfer by virtue of his or her Tankerman-Engineer
endorsement. Section 155.710(e) states that, on a vessel required to
have a licensed person aboard, a master, mate, pilot, engineer, or
operator of that vessel, or the holder of an MMD with the appropriate
Tankerman-PIC endorsement, may act as the Tankerman-PIC of a transfer
of fuel oil as appropriate. Therefore, a Chief Engineer or First
Assistant Engineer may, by virtue of his or her license or MMD endorsed
as Tankerman-PIC or Tankerman-Engineer, act as the Tankerman-PIC of a
fuel-oil transfer.
Several comments indicated that Sec. 155.710(e) was confusing about
a fuel-oil transfer between an uninspected towing vessel and an
inspected tank barge. There was also concern that the PIC of bunkering
aboard an uninspected vessel would be unlicensed and have no basic
knowledge of a tankerman's duties, while the person on the other end of
the hose in the same bunkering would be required to hold a Tankerman-
PIC endorsement. The Coast Guard agrees and has amended this section so
that the PIC of bunkering aboard an uninspected vessel which is
required to have a licensed person aboard either be that person (or
another licensed person) or hold an MMD endorsed as Tankerman-PIC. Note
that, since most
[[Page 25117]]
applicants for the Tankerman-PIC endorsement who work on towing vessels
will not be able to meet the experience requirements, they can apply
for restricted endorsements using service on towing vessels instead of
service on tankships or self-propelled tank vessels.
Another comment noted that Sec. 155.710(b)(1)(ii), which discusses
transfers of liquid cargo in bulk aboard barges, conflicts with 46 CFR
13.113(c), which discusses grandfathering provisions, in that the
former requires the PIC of a transfer to hold a Tankerman-PIC or
Tankerman-PIC (Barge) endorsement but that the latter, until March 31,
2001, does not. The Coast Guard agrees and has amended this section,
Sec. 155.710(b)(2) in the final rule, accordingly.
Several comments disagreed with the interim rule as it allowed a
National Fire Protection Association (NFPA) Certificated Marine Chemist
to act as Tankerman-PIC for tank-cleaning and gas-freeing. They felt
that no marine chemist is qualified for those activities. The Coast
Guard disagrees. A marine chemist must go through an extensive training
program before receiving a Marine Chemist's Certificate issued by the
NFPA. In addition, the marine chemist must still comply with
Secs. 155.710(a)(1) for tankships and 155.710(b)(1) for tank barges.
These sections require that the person designated as a Tankerman-PIC
have 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 COW, inert-gas,
and vapor-control systems--to safely conduct a transfer.
Two comments did not want Secs. 155.710(a) (1)(i) and (2) to
require that a person achieve vessel-specific training before he or she
may conduct a transfer. The Coast Guard disagrees. A potential
Tankerman-PIC of a transfer must be experienced 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 COW, inert-gas,
and vapor-control systems.
As written in the interim rule, Sec. 155.710(f) may be misleading.
It discusses the documents that must be held by the person in charge of
a transfer of oil or hazardous material in bulk on any vessel other
than a tank vessel. Yet a ``tank vessel'' was according to the interim
rule, at Sec. 154.105, ``any vessel that carries oil or hazardous
material in bulk as cargo or in residue.'' In essence, this section
exempted those vessels it was meant to target. While Secs. 155.710 (a),
(b), (c), and (d) refer to U.S.-flag tankships, U.S.-flag tank barges,
foreign-flag tankships, and foreign-flag tank barges, respectively, the
Coast Guard's intent was for section (f) to apply to all other tank
vessels, as presently defined in the final rule at Sec. 154.105, not
already discussed--specifically, to self-propelled tank vessels, other
than tankships (defined in the final rule at Sec. 154.105), that carry
oil in hazardous material in bulk as cargo or in residue. 33 CFR
155.710(f) has been rewritten to reflect this intent.
One comment questioned why transfers described in Sec. 155.710(f)
required different levels of expertise depending on the grade of the
cargo. The Coast Guard agrees and has amended this section to require a
valid license and a Tankerman-PIC endorsement on the MMD regardless of
the cargo carried.
Another comment questioned why Sec. 155.710(a)(1) doesn't specify
the minimum training for the PIC of a transfer. Section 155.710(a)(3)
requires that the PIC hold a Tankerman-PIC endorsement issued under 46
CFR part 13. 46 CFR part 13 requires that every applicant complete an
approved course in DL or LG.
Two comments asked why the PIC of a transfer or a tank-cleaning on
a foreign-flag tankship must hold a license, while the PIC of a
transfer or a tank-cleaning on a U.S.-flag tankship may be either a
NFPA Certificated Marine Chemist or a Tankerman-PIC. The Coast Guard
agrees and has amended Sec. 155.710(c)(2) to correct the inequity.
One comment questioned why a Tankerman-PIC of a foreign-flag
tankship or tank barge must read, speak, and understand English, or a
language mutually agreed upon with the shoreside PIC, while a
Tankerman-PIC of a U.S.-flag tankship or tank barge does not. 46 CFR
13.201(g) requires that each applicant for a Tankerman-PIC endorsement
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. 46 CFR 13.301(g)
requires the same of each applicant for a Tankerman-PIC (Barge)
endorsement.
Another comment asked why a foreign Tankerman-PIC and Tankerman-PIC
(Barge) must be able to effectively communicate with all crew members
involved in the transfer, while a U.S. Tankerman-PIC and Tankerman-PIC
(Barge) does not. The Coast Guard disagrees. 46 CFR part 156 applies to
the transfer of oil or hazardous material on the navigable waters or in
the contiguous zone of the United States, to, from, or within a vessel
with a capacity of 250 barrels or more. Section 156.120(v) requires
that at least one person at the site of the transfer fluently speak the
language or languages spoken by both Tankermen-PICs.
A separate comment did not like the requirement for an interpreter,
found in Sec. 155.710(d)(4), because, when complying with rest hour
requirements, he or she would not be ``immediately available to the
Tankerman-PIC at all times during the transfer.'' The Coast Guard
disagrees. On foreign-flag vessels, STCW imposes rest-hour requirements
only on watchstanders. Further, it is the responsibility of the PIC of
the transfer on the vessel to ensure that an interpreter is always
immediately available to him or her, even if that means the vessel's
carrying two interpreters.
An additional comment recommended that any interpreter used during
a transfer must have basic knowledge of the duties and responsibilities
of a Tankerman-PIC. The Coast Guard disagrees. An interpreter's role is
to translate in case of a language barrier.
One comment asked the Coast Guard to require that all
communications on oil transfers be in English. The Coast Guard feels
that safeguards, such as those found in Secs. 155.710(c) (4) and (5),
and 155.710(d) (3) and (4), provide sufficient protection to prevent a
language barrier from causing a spill.
A separate comment did not like the phrase ``shall verify to his or
her satisfaction'' (Secs. 155.710 (a) and (b)) because it is too open-
ended (the same phrase appears in paragraphs (c) and (d) for foreign-
flag tankships and barges). The Coast Guard disagrees. On a tankship
the chief mate, in charge of cargo for the master and, ultimately, the
owner of the vessel, will assure himself or herself that a new
crewmember has the abilities and skills necessary to safely conduct the
transfer before he or she will be allowed to do so. Likewise, the
``person who arranges and hires
[[Page 25118]]
(someone) to be in charge of a transfer of liquid cargo in bulk,''
whether that person owns the cargo or the vessel, must be assured of
either the Tankerman-PIC's abilities or, at least, the reputation of
the company that hires him or her. In practice, some official of the
cargo owner or vessel owner usually takes sufficient steps to minimize
the chances of a spill during a transfer of fuel oil, cargo oil, or
hazardous material.
Another comment stated that the word ``or'' separating
Sec. 155.710(e) (1), (2), (3), and (4), had vanished, causing much
confusion. It cited as an example an uninspected towing vessel in
excess of 100 gross tons taking fuel from an inspected tank barge. The
Coast Guard recognizes the confusion. To answer the example posed,
Sec. 155.710(e)(1) states that, if the towing vessel must have a
licensed person aboard, the PIC of the fueling must be licensed.
Section 155.710(e)(2) states that, if that vessel does not require a
licensed person onboard, the PIC must have been instructed both in his
or her duties and in the Federal statutes and regulations on water
pollution that apply to the vessel. Personnel on the towing vessel in
this example must comply with (e)(1). The unintentional removal of the
word ``or'' from between the sections occurred in the SNPRM published
on October 17, 1989, and persisted through the rulemaking from then
until now. To emphasize that the four requirements of paragraph (e)
apply separately, the Coast Guard has repunctuated the whole paragraph.
Another comment asked if, after a tank barge has been emptied, a
specially-equipped shoreside company may be hired to clean out the
cargo tanks of the barge, and if the employees of this company need to
hold Tankerman-PIC endorsements. The shoreside PIC of tank-cleaning
does not have to hold a Tankerman-PIC (Barge) endorsement, but the PIC
on the barge does, whether he or she is from the barge company or
shoreside company. This final rule makes no changes in this regard.
Section 155.700 still states that each vessel with a capacity of 250 or
more barrels of fuel oil, cargo oil, or hazardous materials must
designate the PIC of each transfer to or from the vessel and of each
tank-cleaning. Section 155.710(b)(2) still requires that the PIC of a
tank-cleaning on a tank barge that must be inspected under 46 U.S.C.
3703 hold a Tankerman-PIC or Tankerman-PIC (Barge) endorsement or, if
at a tank-cleaning facility or shipyard, be a NFPA Certificated Marine
Chemist.
Another comment indicated that the term ``liquefied gas'' should be
deleted from Secs. 155.710 (c)(3), (d)(2), and (f)(2) as they stood in
the interim rule. The Coast Guard agrees. Liquefied gases are
specifically excluded from the definition of ``hazardous material'' as
defined in Sec. 154.105. (Requirements for vessels carrying and
facilities handling liquefied gas may be found in 46 CFR part 154.) The
Coast Guard has amended all three sections to delete the reference.
5. 33 CFR 156.120 (Requirements for Transfer)
One comment requested that 46 CFR subpart 35.35 require the
Tankerman-PIC to be on duty throughout the cargo transfer. Sections
156.120 (s), (t)(1), and (u)(1) already require that the Tankerman-PIC
be on duty throughout the transfer.
Another comment requested that Sec. 156.120 require agreement on a
pre-determined radio frequency by both parties at the pre-transfer
meeting. The Coast Guard agrees and has amended Sec. 156.120.
6. 46 CFR 13.103 (Definitions)
One comment expressed concern that the definition of ``liquid cargo
in bulk'' included even liquid cargo in portable tanks. The Coast Guard
agrees and has amended the definition in Sec. 13.103.
7. 46 CFR 13.107 (Tankerman Endorsement: General)
Several comments stated that inclusion of ``bunkering'' in
Sec. 13.107(d) incorrectly implies that a Tankerman-Engineer
endorsement is required for bunkering. The Coast Guard agrees and has
deleted that term from this section.
Another comment supported the Coast Guard's interpretation of
``direct supervision'' to include the use of hand-held radios. The
Coast Guard defines being ``directly supervised'' in Sec. 13.103 to
mean ``being in the direct line of sight of the person in charge or
maintaining direct, two-way communications by a convenient, reliable
means, such as a predetermined working frequency over a hand-held
radio.''
A separate comment encouraged permission to use video cameras as a
means of providing a clear line of sight. The Coast Guard agrees.
Because this would meet the intent of the definition, this method would
be acceptable.
Another comment questioned why an applicant for Tankerman-Engineer
does not have to read or write English. In order to pass the Coast-
Guard-approved course on DL or LG for tankships, including the final
examination, the applicant must be able to read and write English.
The Coast Guard received one comment noting that Sec. 13.107(a)
empowered only OCMIs at Coast Guard RECs to endorse MMDs as Tankerman-
PIC, while Sec. 13.107(b) empowered all OCMIs to endorse MMDs as
Tankerman-PIC (Barge). The Coast Guard agrees and has conformed
paragraph (b) to paragraph (a).
Another comment noted that, as written, Sec. 13.509 requires that
all Tankerman-Engineer applicants successfully complete the course in
DL or LG. In contrast, STCW requires that, in the engine department,
only the chief engineer officer, the second engineer officer, and any
person with immediate responsibility for loading, discharging, and care
in transit or in handling of the cargo complete that course. Because
second and third engineers on U.S. vessels, although not necessarily
meeting the definition of cargo engineers, regularly work on elements
of the cargo system, the Coast Guard has determined that engineering
officers, regardless of primary duties, should be able to assist in any
of the principal duties of the engineering department, and must,
therefore, complete the DL or LG course.
Another comment suggested that, to avoid confusion, a statement
should categorically exclude personnel involved in fueling from this
section. The Coast Guard agrees and a new paragraph (g) has been added.
One comment stated that Sec. 13.107(c) violates OPA 90 on hours of
work. The Coast Guard disagrees. The number of tankermen listed in
Table 15.860(a)(1) is the minimum number required. The proper number
required will depend upon the vessel's operation.
8. 46 CFR 13.109 (Tankerman Endorsement: Authorized Cargoes)
One comment asked that the Coast Guard change the proposed
endorsement for dangerous liquids into two separate endorsements: For
petroleum liquids and chemical liquids. The Coast Guard disagrees.
While there are different dangers associated with the carriage of
chemical products as opposed to petroleum products, mandatory
attendance by all applicants for tankerman endorsements, except
restricted endorsements, will make them aware of the dangers and
characteristics of products or chemicals with which they have not had
contact. The Coast Guard is also depending on every employer to ensure
a mariner's competency before allowing him or her to act as Tankerman-
PIC in a transfer.
Several comments objected to the rule's exclusion of the liquid
cargoes in bulk listed in Table 2 of part 153 when they are carried on
barges not certified for ocean service. The Coast Guard disagrees. The
legislation that enables
[[Page 25119]]
rules preventing pollution is the International Convention for the
Prevention of Pollution from Ships, 1973, known as MARPOL. This
convention has been implemented domestically by the Act to Prevent
Pollution from Ships, 33 U.S.C. 1901 et seq., 33 U.S.C. 1903(a) states
that products listed in Annexes I and II of MARPOL, which are also
found in Table 2 of part 153, apply only to seagoing ships. No
tankerman endorsement is necessary to transfer the liquid cargoes in
bulk listed in Table 2 when those cargoes are carried on barges
certificated for inland service.
9. 46 CFR 13.111 (Restricted Endorsement)
Many comments requested that the restricted Tankerman-PIC
endorsement be eliminated, denied to those seeking an original
Tankerman-PIC endorsement, or issued only in accordance with strict
guidelines given to OCMIs. The Coast Guard disagrees with the first two
recommendations, and agrees with the third. The use of this endorsement
in strictly limited cases is a significant benefit, particularly for
companies engaged in the transportation of one cargo or a few cargoes
of DL or LG and for their employees. Mandating that these employees
attend courses in DL or LG would be of little benefit to the employees,
the company, or the public. Likewise, precluding an original restricted
Tankerman-PIC endorsement provides little benefit to the public, since
the tankerman will be handling only one or a few cargoes. However, to
acquire this restrictive endorsement, an applicant will have to produce
proof on company letterhead of adequate training in the safe handling,
loading or unloading, and characteristics of the cargo he or she will
be handling. These requirements are found in new Secs. 13.111 (b) and
(c).
Two comments strongly supported the original, free issuance of the
restricted endorsement, and strongly opposed the restrictive
interpretation discussed in the notice that reopened the comment
period. The Coast Guard disagrees. The Coast Guard always intended that
this endorsement would be available to only a very small percentage of
the industry. A tankerman who works for a company, large or small, and
who performs the same tasks routinely, such as hooking up for an
unloading of one or a few specific cargoes at the same dock, is the
tankerman for whom the Coast Guard intended this endorsement. Making
him or her attend a course unnecessarily in DL or LG would not be
practical. That course teaches hazardous characteristics of many
different cargoes, most of which he or she will never handle. On the
other hand, a mariner who routinely handles different cargoes with
different hazardous characteristics would definitely benefit from
attending that course.
One comment requested that the Coast Guard not consider the size of
an oil or chemical company when deciding whether or not its employees
should be allowed to use the restricted endorsement. The Coast Guard
agrees. The activities of its employees, not the size of the company,
should be the determining factor.
Another comment stated that, because many oil or chemical companies
maintain their own on-site, dedicated fire personnel, personnel with
restricted endorsements should not have to complete a firefighting
course. The Coast Guard disagrees. This course, required in some form
for any of the Tankerman-PIC endorsements, involves both classroom
exercises and field fire-extinguishment. The field fire-extinguishment
exercises entail initial response to fires that may be manageable with
portable extinguishers. This course was never intended to take the
place of professional firefighters. It was intended to make the
tankerman aware of the fire hazards on the barge and maybe prevent a
small fire from becoming a major catastrophe.
One comment suggested waiver of the requirement of the firefighting
course for the restricted endorsement if the applicant handles only
non-flammable cargoes. The Coast Guard agrees in part. Use of shoreside
pumping equipment seldom presents danger of fire; and for this use, the
firefighting course may be less important. In contrast, use of a
barge's own pumping equipment presents danger of fire; methods of
extinguishing such fire are the subject of the course in tank-barge
firefighting. Therefore, if the barge company's equipment is used in
the transfer of oil or hazardous material, the firefighting course must
be taken. Also, an applicant obtaining a restricted Tankerman-PIC
endorsement without having taken a course in firefighting will be
authorized only to handle non-flammable or non-combustible cargoes on
those vessels that do not use their equipment to load or discharge a
cargo.
One comment suggested allowing the restricted Tankerman-PIC
endorsement for the tankermen of a vessel that plies its trade outside
the boundary line. Again, STCW does not recognize restricted
endorsements. As a signatory to STCW, the U.S. cannot recognize them
outside of the boundary line, where STCW becomes effective. must follow
all provisions of the treaty. New Secs. 13.111(f) and 15.860(h) have
been added to make this clear.
One comment suggested that 30 days' unlicensed sea service, instead
of the current 60 days', be required for the endorsement as restricted
Tankerman-PIC or Tankerman-PIC (Barge). The Coast Guard has determined
that 30 days of observation are insufficient to qualify an applicant as
the Tankerman-PIC of a transfer of DL or LG.
An additional comment agreed with the Coast Guard's intended use of
the restricted endorsement. It stated that a tankerman with a
restricted endorsement for a specific cargo was preferable to a
tankerman with an unrestricted endorsement and no experience handling
the cargo being transferred.
Two comments sought special consideration for crews of oil-spill-
response vessels (OSRVs) when they are operating in response areas
designated by Federal On-Scene Coordinators. The Coast Guard agrees.
When operating under these conditions, crews of OSRVs will be
candidates for restricted Tankerman-PIC endorsements. Section 13.111
now expressly covers OSRVs. However, when bunkering, an OSRV is like
any other vessel and may be subject to Secs. 155.700 and 155.710.
10. 46 CFR 13.113 (Tankermen Certified Under Prior Regulations)
Several comments asked the Coast Guard not to make mariners with
many years of experience as Tankerman-PICs take the course in DL or LG.
Because the U.S. is signatory to STCW, the Coast Guard must require
appropriate training for all Tankerman-PICs. However, the Coast Guard
will lessen the requirements for applicants obtaining their Tankerman-
PIC endorsements under Sec. 13.113 by letting them attend less-detailed
approved courses offered by their employers rather than the full
approved courses in DL or LG. The Coast Guard has added to Sec. 13.103
a definition for ``approved training.'' It has also listed in
Secs. 13.121 (i) and (j) topics that the shortened course must cover.
One comment questioned whether a seasoned master with 20 years of
experience on tankships or self-propelled tank vessels should have to
obtain an original endorsement under Sec. 13.201, 13.401, or 13.501. A
licensed officer with prior experience on tankships or self-propelled
tank vessels will follow Sec. 13.113--that is, he or she may continue
to act as Tankerman-PIC until the first renewal of his or her MMD after
March 31, 1997, provided he
[[Page 25120]]
or she can supply proof of service on company letterhead, from the
owner, operator, master, or chief engineer of the vessel, that details
his or her qualifying service as required by Sec. 13.113(d)(1)(iii). At
the first renewal of the MMD after March 31, 1997, the officer as
applicant will follow Sec. 13.113(d) to obtain his or her Tankerman-PIC
endorsement.
Several comments did not like the requirements of Sec. 13.113(c),
which allows a person who served as PIC for the transfer of liquid
cargoes governed by Subchapter O--but who, because the cargoes were
non-flammable or non-combustible, did not need a tankerman
endorsement--to continue serving as a Tankerman-PIC (Barge) until March
31, 2001. The comments wanted these persons to be compelled to comply
with the regulations by the effective date of the interim rule, like
all other applicants. The Coast Guard agrees in part with these
comments. Requiring these applicants to obtain their original MMDs with
endorsements as Tankerman-PIC (Barge) by the effective date of the
interim rule would have placed undue hardship on them for several
reasons: The RECs would have had an unacceptable work backlog and would
not have been able to provide satisfactory service; and there were
barely enough courses in DL and LG approved by the Coast Guard
available for the oceangoing applicants, let alone for all of the
inland applicants as well. Delaying the effective date for this
substantial portion of the inland applicants should ease these
problems. However, it should be noted that nothing in this rule
prevents a company from requiring that its employees obtain their
endorsements sooner than March 31, 2001.
One comment suggested that the Coast Guard grandfather those
merchant mariners currently serving on their licenses as Tankermen-PICs
by invoking documented sea service on tankships or self-propelled tank
vessels, Certificates of Discharge, or letters from their employers.
The comment stated that this would be consistent with STCW Chapter V/1,
Paragraph 3. The Coast Guard disagrees. STCW allows substitution but
only 2 years or less after it enters into force for the U.S. Because it
entered into force for the U.S. on October 1, 1991, substitution is no
longer allowed.
A separate comment did not like the practice of permitting non-
tankerman to serve as PICs of any transfers of hazardous material. The
Coast Guard is convinced that the comment has misinterpreted the rule.
Section 13.113 allows certain non-tankermen who have already been
acting as Tankerman-PICs to continue so acting until the first renewal
of their MMDs after March 31, 1997. (It aims at preventing a huge work
backlog at the RECs.) By March 30, 2002, all personnel covered by this
section will have Tankerman-PIC endorsements on their MMDs.
Another comment suggested that having mariners obtain the Tankerman
endorsement at the first renewal after March 31, 1997, conflicts with
the renewal of existing MMDs, which began on January 1, 1995. The Coast
Guard disagrees. For example, mariners required to renew their MMDs in
1997 (mariners whose MMDs were issued in years ending in 2 or 7) will
be required to obtain their Tankerman endorsements at the same time.
One comment stated that Tankermen-PICs, to be parallel with foreign
mariners held to STCW Regulation VI/3, will each have to take a
firefighting course every 5 years. The Coast Guard disagrees. The U.S.
has decided that on-board fire and boat drills conducted with training
will satisfy Regulation VI/3. Therefore, no Tankerman-PIC will have to
take either a basic or a combined basic and advanced course in
firefighting more than once.
Another comment advised the Coast Guard that there are currently
operators of uninspected towing vessels (OUTVs) who will be
grandfathered under Sec. 13.113(a) by virtue of their licenses and
service. However, as their vessels are under 100 gross tons, they do
not yet hold MMDs; and the interim rule does not provide for those who
find themselves in this predicament. The Coast Guard agrees and has
amended Sec. 13.113(a) for OUTVs.
A separate comment noted that Table 13.113 does not recognize
credit for service between March 31, 1996, and March 31, 1997. The
Coast Guard acknowledges that the table may have been confusing and has
amended Secs. 13.113(d)(1)(ii) (A) and (B) to make them clearer.
A last comment on Sec. 13.113 asked the Coast Guard to provide for
mariners who previously worked as tankermen but who now work ashore in
the marine industry and cannot satisfy the requirement to prove the
recency of their sea service. The Coast Guard is sympathetic to this
issue. Yet the recency clause is extremely important, to ensure that
they have retained their proficiency in the physical aspects of the
transfer. A mariner working ashore may retain the theory, but become
rusty in actually performing a transfer of oil or hazardous material.
In order to ease the plight of more applicants, yet still require that
applicants retain the practical knowledge they gained while at sea, the
Coast Guard has increased the maximum period of time served since date
of application from 5 years to 10 years for Sec. 13.113(d) and has
added a new Sec. 13.113(d)(3) for mariners holding licenses issued
under part 10 of this chapter who want to obtain endorsements as
Tankermen-PIC (Barge) on their MMDs.
11. 46 CFR 13.115 (Licensed Engineer: Endorsement as Tankerman-
Engineer Based on Service on Tankships or Self-Propelled Tank Vessels
Before March 31, 1996)
The interim rule stated that an applicant who can prove 30 days of
service as chief engineer, first assistant engineer, or cargo engineer
on tankships or self-propelled tank vessels before March 31, 1996, may
apply for a Tankerman-Engineer endorsement on his or her MMD until the
first renewal of the MMD that occurs after March 31, 1997. However, as
discussed in the notice that reopened of the comment period published
March 26, 1996, STCW requires 90 days of sea service to obtain a
Tankerman-Engineer endorsement. Since the U.S. is signatory to STCW,
the Coast Guard considers itself bound to require 90 days of service on
tankships or self-propelled tank vessels so the applicant can obtain
the STCW form that will allow him or her to sail on tank vessels in
ocean service. Any applicant proving only 30 days of service will be
limited to service on vessels certificated for other than ocean
service.
To comply with STCW, and as discussed in the notice that reopened
the comment period, the Coast Guard has renumbered Sec. 13.115(b) as it
stood and added a new Sec. 13.115(b). This requires each applicant for
an endorsement as Tankerman-Engineer to have completed an appropriate
course in DL or LG 10 years or less before March 31, 1996.
One comment stated that the Coast Guard should allow a candidate to
substitute a year of sea service on relevant ships for completion of
the course in DL or LG, as allowed by STCW Regulation V/1 Paragraph 3.
The Coast Guard disagrees. The STCW Regulation requires that such
substitution occur within 2 years after the entry into force of the
Convention for the U.S. Because the Convention entered into force for
the U.S. on October 1, 1991, substitution can no longer occur.
Another comment stated that--because STCW Regulation V/1 Paragraph
2.1 does not apply to Chief or First Assistant Engineers, since they do
not have the particular responsibilities
[[Page 25121]]
for loading, discharging, or caring for the transit or handling of
cargo--these Engineers should not have to complete the course in DL or
LG. Section 13.115 requires the completion of the DL or LG course by of
all masters, chief engineer officers, chief mates, and second engineer
officers, and possibly of others, because of their general
responsibilities, irrespective of STCW. Therefore, applicants for
Tankerman-Engineer endorsements must complete the course.
12. 46 CFR 13.117 (Any Person: Endorsement as Tankerman-Assistant Based
on Unlicensed Deck Service Before March 31, 1996)
The interim rule stated in effect that an applicant who can prove
30 days of deck service or 30 days of service as a pumpman on tankships
or self-propelled tank vessels before March 31, 1996, may apply for a
Tankerman-Assistant endorsement on his or her MMD until the first
renewal of the MMD that occurs after March 31, 1997. However, as
discussed in the notice that reopened the comment period published
March 26, 1996, STCW requires 90 days of sea service to obtain a
Tankerman-Assistant endorsement. Since the U.S. is signatory to STCW,
the Coast Guard considers itself bound to require 90 days of service on
tankships or self-propelled tank vessels so the applicant can obtain
the STCW form that will allow him or her to sail on tank vessels in
ocean service. Any applicant proving only 30 days of service will be
limited to service on vessels certificated for other than ocean
service.
One comment stated that the Coast Guard should allow a candidate to
substitute completion of a tanker-familiarization course for the
required sea service, as allowed by STCW Chapter V/1 Paragraph 1.2. The
Coast Guard agrees. To comply with STCW, and as discussed in the notice
that reopened the comment period, a new Sec. 13.117(c) allows
applicants to substitute completion of a tanker-familiarization course
for the required sea service.
One comment suggested in effect requiring that any applicant for
the Tankerman-Assistant endorsement unable to prove 90 days of sea
service on tankships or self-propelled tank vessels must provide a
certificate of completion from a tanker-familiarization course. The
Coast Guard agrees--see new Sec. 13.117(c).
Another comment requested that the Coast Guard require refresher
training, in the form of a course in tanker-familiarization, upon each
renewal of MMD for all those holding Tankerman-Assistant endorsements.
The Coast Guard disagrees. There is no refresher training required for
any of the other Tankerman endorsements and STCW does not require it.
The Coast Guard makes every attempt to not unnecessarily require more
stringent training of its mariners than other nations require of
theirs.
13. 46 CFR 13.120 (Renewal of Endorsement)
One comment felt that Sec. 12.02-27(c) did not let shore-based
tankermen prove that they meet the professional requirements for
renewal of their MMDs. Shore-based tankermen are, in fact, covered. If
a shore-based tankerman provides a letter on company letterhead showing
assignment to barges for a full year of service during the past 5
years, he or she will be in compliance with Sec. 12.02-27(c)(1).
A separate comment requested a definition of the term ``approved
course.'' The Coast Guard has amended this section to be more definite.
Another comment stated that the number of transfers required for
renewal of endorsement in this section conflicts with the number in
Sec. 13.113(e)(1)(iii), which the comment understood to govern the
first renewal. To clarify, Sec. 13.113(e)(1)(iii) governs the initial
endorsement, which will take place during the first renewal of MMD
occurring after March 31, 1997. Until that time, the mariner who
qualifies under Sec. 13.113 may act as a Tankerman-PIC or Tankerman-PIC
(Barge) with no endorsement on his or her MMD.
A separate comment did not like the fact that this rulemaking did
not grandfather those already holding tankermen's endorsements nor
those having closely-related service. The primary purpose of this
rulemaking is to ensure that mariners with tankermen's endorsements are
competent to perform their duties, even during emergencies. This will
eliminate a significant number of spills. (The secondary purpose is
compliance with STCW. As an ``administration'' responsible to STCW, the
Coast Guard must publish regulations concerning tankermen.) To exempt
existing tankermen from this rulemaking would exempt the majority of
tankermen from having to comply. Since the main purpose of this
rulemaking is to ensure competence in the performance of duties, the
Coast Guard feels this cannot be accomplished without requiring that
all applicants meet some minimum standard--completion of a training
course for original endorsement and actual transfers for renewal. If
the Coast Guard were to allow closely-related service instead of actual
transfers when renewing, there could be mariners holding tankermen
endorsements who have not conducted actual transfers since those
completed for their original endorsements. Therefore, the Coast Guard
has left Sec. 13.120 unchanged.
14. 46 CFR 13.121 (Courses for Training Tankermen)
One comment suggested that the Coast Guard enlist the assistance of
maritime educators or companies handling DL or LG to reformulate Table
13.121(f). This table comes from the guidelines promulgated under STCW
for a Model Course, and the Coast Guard is satisfied with its contents.
Another comment suggested that a review of the requirements of 33
CFR 156.120 should be included as a topic in Table 13.121(f). The Coast
Guard believes that completion of a course covering the required
curricula in Table 13.121(f) will satisfy all of the requirements found
in 33 CFR 156.120.
One comment suggested including a reference with each listing in
case the course-approval guidelines are insufficiently clear. The
National Maritime Center (NMC) makes such guidelines available to those
companies applying for course approval. If any questions arise
regarding a course, the applicant may consult the NMC (or an REC)
directly for clarification.
Several comments felt that certain topics, such as COW systems,
inert-gas systems, and tank-cleaning, were not relevant to the jobs of
inland tankermen. The Coast Guard agrees in principle. However the
Tankerman-PIC endorsement does not limit the mariner to inland waters
only. Therefore, all applicants for the various tankerman endorsements,
except those for Tankerman-PIC (Barge) and restricted Tankerman, will
have to take the same course.
Two comments asked how many transfers, required by Secs. 13.203(b)
and 13.303(b), could be replaced with simulated transfers under
Sec. 13.121(c). They also asked which parts of the required transfers
could be simulated. Section 13.121(c) sets out the necessary
combinations of commencements and completions of loadings and
discharges.
15. 46 CFR 13.125 (Physical Abilities)
This section requires every applicant for the Tankerman-PIC
endorsement to meet the physical requirements of 46 CFR 10.205(d).
However, 46 CFR 12.05-5(b) states that the physical examination for an
able seaman (AB) is the same as for a deck officer. Therefore, if an AB
applicant holds an unexpired deck license or a valid MMD endorsed with
[[Page 25122]]
a rating, the OCMI may waive the requirements for a physical
examination. This section now reflects the availability of waiver.
16. 46 CFR 13.127 (Service: General)
Two comments were concerned that Sec. 13.127(b), as written,
encouraged applicants to violate work-hour rules of OPA 90. Both
recommended that off-duty personnel could fulfill requirements for
competence in transfer of DL or LG through incremental training,
including segments of transfers; this training, including these
segments, would, altogether, constitute the service required. The Coast
Guard agrees and has added Sec. 13.127(b)(9) to reflect this
recommendation.
One comment asked whether the service letter of an applicant
involved in more than the minimum number of transfers must document all
of the applicant's transfers. The letter must document only the number
of transfers required for the particular endorsement.
An additional comment asked who must sign the service letter. The
owner, operator, master, or chief engineer of the vessel must. Section
13.127(a) now reflects this requirement.
A separate comment stated that the term ``fully capable,'' used in
Sec. 13.127(a), is too subjective. The Coast Guard disagrees. Again,
the owner, operator, master, or chief engineer of the vessel must sign
the service letter. It is the Coast Guard's opinion that the person who
has observed the applicant's performance on board the tank vessel is in
the best position to assess his or her ability to supervise transfers
of liquid cargo. If the owner is reluctant to sign the letter, then the
owner should have the person who observed the applicant's performance
sign it.
17. 46 CFR 13.129 (Quick-Reference Table for Tankerman)
One comment stated that Table 13.129 should be amended to require
that applicants for the Tankerman-Engineer endorsement prove required
service and cargo-course completion. The Coast Guard agrees and has
amended the section appropriately.
18. 46 CFR 13.201 (Original Application for ``Tankerman-PIC''
Endorsement) and 13.301 (Original Application for ``Tankerman-PIC
(Barge)'' Endorsement)
One comment questioned how illiterate applicants would be handled.
Completion of the requisite DL or LG course, including a satisfactory
final examination, will ensure that all applicants can adequately read
and understand the English language.
19. 46 CFR 13.203 (Eligibility: Experience)
As discussed in the notice that reopened the comment period dated
March 26, 1996, STCW requires 90 days of sea service to obtain a
Tankerman-PIC endorsement. Since the U.S. is a signatory to STCW, the
Coast Guard has amended this section to require 90 days of service on
tankships or self-propelled tank vessels. However, STCW does not
differentiate between licensed and unlicensed service. Therefore, the
Coast Guard has amended paragraphs (a)(1), (2), and (3) of this section
to require 90 days of sea service for licensed, unlicensed, or cadet
personnel, or a combination of the three.
Many comments suggested that Sec. 13.203 reflect acceptance of
seatime earned aboard tankships or self-propelled tank vessels by
cadets at State maritime academies or the U.S. Merchant Marine Academy
as experience for the Tankerman-PIC endorsement. The Coast Guard agrees
and has amended Sec. 13.203(a)(2) accordingly.
One comment asked how mariners can get experience on vessels and in
what capacity they can be employed while gaining the required service.
Applicants for Tankerman-PIC, Tankerman-Engineer, and Tankerman
Assistant, under STCW Regulation V/1, need 90 days of ``seagoing''
service. The Coast Guard interprets this to mean that they must do more
than merely participate in transfers while their tankships or self-
propelled tank vessels are tied up at the docks. They will have to
obtain the 90 days while they are members of tankships or self-
propelled tank vessels certified to carry DL or LG appropriate to the
endorsements applied for. Applicants for the Tankerman-PIC (Barge)
endorsement may gain the required service by either serving 60 days on
tank vessels appropriate to the endorsement or serving 60 days while
participating in transfers on tank barges appropriate to the
endorsement.
20. 46 CFR 13.303 (Eligibility: Experience)
Two comments requested clarification of Sec. 13.303(a)(1) to ensure
inclusion of shore-based personnel. The Coast Guard agrees and has
amended the section to include those personnel.
Several comments thought that the Coast Guard should define, in
Sec. 13.303(a)(2), the term, ``closely related service.'' This term is
a common term, already used in the regulations in 46 CFR 10.209(c)(4)
and 12.02-27(c)(4). Determinations of ``closely related service'' are
in the purview of individual OCMIs, as each is the local authority
responsible for a marine-safety zone.
One comment requested a reduction in required service for an
applicant already holding an MMD endorsed for DL and seeking an
endorsement for LG, or the converse. Section 13.303(c) already covers
this.
Several comments stated that many tankermen do not travel with tank
barges. In addition, at some facilities, a transfer is often limited to
either the loading or the unloading of a single cargo, thus making it
difficult for an applicant to comply with Sec. 13.303(b). The Coast
Guard agrees, and notes that this type of applicant would probably be
eligible for a restricted endorsement, whether Tankerman-PIC or
Tankerman-PIC (Barge). (However, this endorsement would be severely
restrictive.)
21. 46 CFR 13.305 (Proof of Service for ``Tankerman-PIC (Barge)''
Endorsement)
One comment stated that employers of shore-based tankermen were not
included in those who could provide a among possible providers of the
service letter. The Coast Guard agrees and has amended the section to
include them.
One comment suggested that the Coast Guard reinstate the
requirement that applicants for endorsements as Tankerman-PIC (Barge)
calculate the loading and discharge rates. In standard practice, a
tankerman can monitor such rates on barges without calculating them.
Therefore, this section remains unchanged.
22. 46 CFR 13.307 (Eligibility: Firefighting Course)
One comment noted that the word ``or'' was missing between
paragraphs (a) and (b). The Coast Guard has corrected the omission.
23. 46 CFR 13.309 (Eligibility: Cargo Course)
One comment asked whether the Coast Guard would require later
training in DL or LG for renewal of an MMD. Because completion of a
course in DL or LG is not required for renewal by STCW, the Coast Guard
does not intend to require completion of the course for U.S.
applicants.
Another comment asked whether completion of the Tankerman-PIC
course would count as completion of the Tankerman-PIC (Barge) course.
The Tankerman-PIC course covers more than the material of the
Tankerman-PIC (Barge) course. Therefore, completion of a Tankerman-PIC
course will count as completion of the Tankerman-PIC (Barge) course.
Section 13.309 reflects this change.
[[Page 25123]]
24. 46 CFR 13.401 (Original Application for ``Tankerman Assistant''
Endorsement)
One comment requested that the Coast Guard require applicants for a
Tankerman-Assistant endorsement to be able to read and write English.
The Coast Guard disagrees. 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 his or her ability in English
non-essential to a safe transfer. It already requires that he or she be
capable of clearly understanding and speaking all necessary
instructions in English, and, therefore, has not revised
Sec. 13.401(f).
25. 46 CFR 13.405 (Proof of Service for ``Tankerman-Assistant''
Endorsement)
One comment stated that the term ``in the opinion of the signer,''
used in Sec. 13.405(a)(3), is too subjective. The Coast Guard
disagrees. As earlier noted, the service letter may be signed by the
owner, operator, master, or chief engineer of the vessel. The person
who has observed the subject's performance on board the tankship is in
the best position to confirm the subject's ability to carry out the
responsibilities of Tankerman-Assistant. If the owner is reluctant to
sign the letter, then the owner should have the person who observed the
subject's performance sign as well as prepare it.
26. 46 CFR 13.407 (Eligibility: Firefighting Course)
One comment stated that the firefighting course for tank barges is
irrelevant to tankermen and suggested that the DL or LG course could
teach tankermen all they needed to know about firefighting. The Coast
Guard has determined that the 2-day firefighting course for tank barges
was designed specifically for tankermen. The course includes classroom
training and hands-on fire-extinguishment exercises using portable
extinguishers to control or even extinguish fires at an early stage.
Attendance will give the applicant an appreciation for the hazards of
fires on board tank barges and how to control and extinguish small
fires. Attendance will also teach him or her when to evacuate barges
rather than attempt to fight fires.
27. 46 CFR 13.409 (Eligibility: Cargo Course)
Two comments stated that, since the interim rule does not provide
for Tankerman-Assistant applicants to take the tanker-familiarization
course, the final rule should let the course in DL or LG, completed
within the past 10 years, satisfy the course-completion requirement in
Sec. 13.409. A third comment requested that the final rule let the
tanker-familiarization course itself satisfy it. The Coast Guard agrees
with all three comments. To comply with STCW, it has amended
Sec. 13.409 to let either the tanker-familiarization course or the
course in DL or LG satisfy the requirement.
28. 46 CFR 13.501 (Original Application for ``Tankerman-Engineer''
Endorsement)
Two comments requested that the Coast Guard require that applicants
for a Tankerman-Engineer endorsement be able to read and write English.
The Coast Guard has reconsidered, but has not required this in
Sec. 13.501(g) or elsewhere. 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 his or her ability in English
non-essential to a safe transfer. It already requires that he or she be
capable of clearly understanding and speaking all necessary
instructions in English.
29. 46 CFR 13.503 (Eligibility: Experience)
One comment disagreed with the discussion in the notice that
reopened the comment period, which stated that, to be in compliance
with STCW, an applicant for the endorsement as Tankerman-Engineer must
both complete the appropriate course in DL or LG and prove 90 days of
sea service on tankships or self-propelled tank vessels. The Coast
Guard disagrees with the comment and has amended Secs. 13.503 and
13.509 to require both the course and the service.
30. 46 CFR 13.509 (Eligibility: Cargo Course)
One comment asked whether completion of a Tankerman-PIC course
would satisfy the requirement for a Tankerman-PIC (Engineer) course.
Tankerman-Engineer applicants have to take the Tankerman-PIC course: No
Tankerman (PIC)-Engineer course exists.
31. 46 CFR 15.860 (Tankerman)
Many comments recommended various changes to the Coast Guard's
definition of ``line of sight.'' After considering all such changes,
the Coast Guard now defines being ``directly supervised'' in
Sec. 15.301(a) as ``being in the direct line of sight of the person in
charge or maintaining direct, two-way communications by a convenient,
reliable means, such as a predetermined working frequency over a hand-
held radio.''
Two comments stated that, because of the work-hour limits in OPA
90, Table 15.860(a)(1) is deficient in requiring only two Tankerman-
PICs. The Coast Guard disagrees. The number of tankermen listed in
Table 15.860(a)(1) is the minimum number required. The proper number
required will depend upon the vessel's operation. It is the vessel's
responsibility to ensure that sufficient tankermen are onboard to
satisfy OPA 90 on hours of work.
One comment reasoned that, if the Coast Guard required all
tankermen to speak and understand English, five persons on every
foreign-flag vessel would have to speak and understand English. The
Coast Guard disagrees. Part 15 governs manning on U.S.-flag vessels
only.
32. 46 CFR 35.35-30 (``Declaration of Inspection'' for Tank Vessels--
TB/ALL)
The heading for Sec. 35.35-30, though amended by the interim rule
dated April 4, 1995, did not appear amended when codified at 46 CFR
parts 1-40 on October 1, 1995. The Coast Guard is recapitulating the
amended heading in this final rule.
33. 46 CFR 35.35-35 (Duties of Person in Charge of Transfer--TB/ALL)
Several comments asked the Coast Guard to ensure coverage of
transfers of fuel oil and bunkers in this section. They added that a
large segment of the industry does not realize that it must comply with
33 CFR 156.120 and 156.150 when conducting such transfers. The Coast
Guard agrees and has amended this section to refer to 33 CFR 156.120
and 156.150.
34. 46 CFR 105.45-1 (Loading or Dispensing Petroleum Products)
Several comments asked whether a fishing vessel transferring fuel
oil to another fishing vessel would need to have a tankerman on board.
If Sec. 105.05-1 applies to the vessel, Sec. 105.45-1(b) requires that
each person aboard it, in charge of a transfer of liquid cargo in bulk
to or from a cargo tank, hold a valid MMD endorsed as Tankerman-PIC
(restricted or not) or a valid license authorizing service as master,
mate, pilot, or engineer.
Regulatory Evaluation
This final 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 under
[[Page 25124]]
that Order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979).
A regulatory assessment, which was completed in August 1989, has
been revised to reflect adjustments to data and the discount rate. It
is available in the docket for inspection or copying where indicated
under ADDRESSES. A summary of the assessment follows:
This final rule applies to persons serving as tankermen and to
those in charge of, and assisting in, the handling, transfer, and
transport of DL or LG on tank vessels, including tank barges. To meet
the new standards, a mariner serving in any of these capacities must
obtain one of the following endorsements on his or her MMD:
``Tankerman-PIC''; restricted ``Tankerman-PIC''; ``Tankerman-PIC
(Barge)''; restricted ``Tankerman-PIC (Barge)''; ``Tankerman-
Assistant''; or ``Tankerman-Engineer.''
The population affected by this final rule is the number of
shipboard personnel on tank vessels, including barges, whom this rule
requires to hold the tankerman endorsement. Shore-based personnel who
board unmanned barges to load or unload them will likewise be affected.
Last, persons who serve as PICs on tank vessels or tank barges, whether
employed onboard or ashore, for the transfer of liquid cargoes in bulk
listed in subchapter O, but who did not previously require tankerman
endorsements because the cargoes transferred were non-flammable or non-
combustible, will likewise be affected. As of November 1996, there were
an estimated 205 tankships, on ocean, coastwise, and inland or Great
Lakes routes, and 4926 tank barges.\1\ Roughly 17,525 personnel will
need the endorsements to comply with 33 CFR 155.710. This number
includes those OUTVs whom Sec. 155.710 requires to hold the
endorsements. About 45 percent of the 17,525 will be applicants
currently unlicensed. If statistics for original MMDs issued with
tankerman endorsements from 1992 through 1995 are indicative, about 825
new tankermen will receive the endorsements annually. Likewise, about
240 new OUTVs will receive them annually.
---------------------------------------------------------------------------
\1\ Based on a query of the database of the Marine Safety
Management System (MSMS).
---------------------------------------------------------------------------
Comment on Cost
One comment stated that the cost of a DL or LG course and a
firefighting course for the restricted Tankerman-PIC or Tankerman-PIC
(Barge) endorsement is excessive for small companies engaged in the
transportation of DL or LG. The Coast Guard has concluded that the
applicant for a restricted Tankerman-PIC or Tankerman-PIC (Barge)
endorsement need not complete a course in DL or LG. The applicant must,
indeed, complete an approved course in tank-barge firefighting,
designed specifically for tank barges and including exercises in
extinguishment of tank-barge fires.
Costs
The costs of this final rule in general result from training
tankermen in firefighting and in DL and LG. The costs to any particular
applicant depend on the courses taken, the fees for the courses, and
(where applicable) the expenses for travel, meals, and lodging. If the
courses are offered by the employer, there may be no costs to the
applicant. Other costs include fees to applicants to obtain original
MMDs and associated endorsements issued by RECs. Since December 1988,
firefighting has been a requirement for licensed personnel. Therefore,
the costs of this rule due to firefighting will primarily affect
unlicensed personnel. The following are general premises: (1) An
estimated 15 percent of tankship applicants, 33 percent of tank-barge
applicants, 50 percent of subchapter-O applicants, and 50 percent of
OUTV applicants will get restricted endorsements, which do not require
an approved course in DL or LG; (2) 45 percent of applicants for
tankermen's endorsements every year must get training in firefighting;
(3) OUTVs operating on routes other than ocean routes must get training
in firefighting; (4) 50 percent of tankermen certified under prior
regulations but applying for the new endorsement will attend a less-
detailed, approved training course through their employers' in-house
programs rather than the full approved course in DL or LG offered by
independent schools; (5) tankermen usually work on rotational
schedules, allowing them to arrange for enrollment in courses without
interfering with their normal jobs; and (6) about 30 percent of those
attending independent schools will incur miscellaneous expenses
involving travel and lodging.
The Coast Guard estimates costs due to the new requirements for
tankermen certified under prior regulations will be $4,635,850 for
courses in DL and LG and $5,112,325 for courses in firefighting. (As
under the interim rule, these tankermen have until their first license
renewals after March 31, 1997, to meet the requirements.) It estimates
that those costs for the 825 or so tankermen and 240 or so OUTVs
entering the industry every year will be $1,082,780 and $183,150,
respectively.
Industry Costs
The Coast Guard estimates the cost of this final rule to employers
who will offer in-house courses--in DL or LG, only to those tankermen
certified under prior regulations but applying for the new
endorsement--to be $4,101,562. Because these courses will be less-
detailed, their cost should be less than that of an independent school.
Total Costs
The Coast Guard estimates the costs of this final rule to be
$8,091,320 to tankermen already in the industry, $4,101,562 to
employers who will offer in-house courses in DL or LG, $1,550,185 to
OUTVs as required in Sec. 155.710, $477,750 to applicants for fees
associated with the issuance of original MMDs and endorsements, and
$1,265,930 to new tankermen and OUTVs entering the industry every year.
Costs will accrue over the next 5 years, based on the renewal dates of
the applicants' licenses or MMDs. Exceptions hold for applicants who
serve as PICs for the transfer of liquid cargoes governed by Subchapter
O. These applicants must be in compliance with the rule by March 31,
2001. The costs to year 2007 are estimated to be $28,627,497. The
present value of these costs to year 2007 is $20,474,844. This reflects
a 7-percent discount rate back to year 1997 of the projected stream of
costs in accordance with current guidance from the Office of Management
and Budget.
Benefits
The measures instituted by this final rule, to establish the
qualifications of mariners in charge of, and assisting in, the transfer
of DL and LG, should reduce the risks and severity of spills, and
mitigate pollution of the environment. The main purpose is to ensure
that these mariners are competent to perform their duties. Quantifiable
benefits accruing from this rule will be reductions in injuries and
deaths, and reductions in spills and the associated clean-up costs.
Non-quantifiable benefits will be improved safety and firefighting
procedures and a nationwide standard for tankermen's qualifications.
OPA 90 consolidated prior federal pollution laws and established an
Oil Spill Liability Trust Fund (OSLTF) of $1 billion, administered by
the Coast Guard, to pay for prompt removal of oil and for uncompensated
damages. The Coast Guard believes that this final rule will bring a
decrease of spills resulting
[[Page 25125]]
from tankermen's errors. The number and volume of these spills can fall
between 10 percent and 30 percent over the next five years. From 1990
to 1995, OSLTF spent, on average, about $32,000,000 a year; the sum
increases every year. Decreases in these expenditures alone would
result in savings between $16,000,000 and $48,000,000 over the next
five years. The estimate of the total cost of this rule, almost $28.6
million over ten years, is less than the average estimate of
$32,000,000 in savings over just five years.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.] the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their field; (2) governmental jurisdictions with
populations of less than 50,000; and (3) ``small business concern[s]''
as defined by section 3 of the Small Business Act (15 U.S.C. 632(a)).
(Small businesses are identified under Standard Industrial
Classification codes and size standards in the table following 13 CFR
121.201.)
Sufficient flexibility was built into the rulemaking when the
interim rule was published on April 4, 1995, to accommodate small
entities. The effective date of March 31, 1997, or later provided
enough leeway to applicants regarding the new requirements. Any person
with a license, who served as a PIC before March 31, 1996, may continue
to so serve until the first renewal of his or her MMD or license after
March 31, 1997. The person will then follow 46 CFR 13.113(d) to obtain
his or her Tankerman-PIC endorsement. Any applicant for an original
endorsement now enjoys not 2 but 5 years to complete his or her course
in DL or LG under 46 CFR 13.209, 13.309, and 13.409. And the Coast
Guard is willing to let applicants obtaining their Tankerman-PIC
endorsements under prior regulations, cited in Sec. 13.113, attend
less-detailed, approved courses in DL or LG offered by their employers
rather than the full approved courses in DL and LG offered by
independent schools.
This rule places its burden on individual tankermen, not on their
employers, who may, though not required, relieve the tankermen of it.
The Coast Guard expects that, of the employers who will assume this
responsibility, few, if any, will be small entities.
Therefore, the Coast Guard certifies under 5 U.S.C. 601 et seq.
that this final rule will not have a significant economic impact on a
substantial number of small entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
will provide assistance to small entities to determine how this rule
applies to them. If you are a small business and need assistance
understanding the provisions of this rule, please contact your local
REC.
Collection of Information
This final rule contains collection of information requirements.
The Coast Guard has submitted the requirements to the Office of
Management and Budget (OMB) for review under section 3504(h) of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and the OMB has
approved them. The section numbers are 13.107, 13.109, 13.111, 13.113,
13.115, 13.117, 13.123, 13.201, 13.301, 13.401, and 13.501, and the
corresponding OMB approval numbers are OMB Control Numbers 2215-0514
and 2115-0111.
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
the rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment. The authority to
issue merchant mariners' licenses and documents belongs to the Coast
Guard by Federal statutes.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraph 2.B.2. of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. This exclusion is in accordance with
paragraphs 2.B.2.e(34) (c) and (d), since the rule concerns maritime
personnel and the manning and equipping of vessels. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects
33 CFR Part 154
Fire prevention, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 155
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
46 CFR Part 13
Barges, Seamen, Tank vessels.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
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, Seamen.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR parts 154, 155, and 156, and 46 CFR parts 13, 15, 30, 35, 98, and
105 as follows:
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
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 and/or revising the
following definitions in alphabetical order to read as follows:
Sec. 154.105 Definitions.
* * * * *
Boundary Line means any of the lines described in 46 CFR part 7.
* * * * *
Self-propelled tank vessel means a self-propelled tank vessel other
than a tankship.
[[Page 25126]]
Tank barge means a non-self-propelled tank vessel.
Tankship means a self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous material in bulk in the cargo
spaces.
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, and that--
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
* * * * *
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGUATIONS
FOR 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, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. Sections
155.100 through 155.130, 155.350 through 155.400, 155.430, 155.440,
155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33
U.S.C. 1903(b); and sections 155.1110 and 155.1150 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.
Each operator or agent of a vessel with a capacity of 250 or more
barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as
regulated in Table 4 of 46 CFR part 154, or each person who arranges
for and hires a person to be in charge of a transfer of fuel oil, of a
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall
designate, either by name or by position in the crew, the person in
charge (PIC) of each transfer to or from the vessel and of each tank-
cleaning.
5. In Sec. 155.710 paragraph (a)(3) is added and paragraphs (a)(1),
(a)(2), (b), (c)(2), (c)(3), (c)(4) introductory text, (c)(4)(ii),
(c)(4)(iii), (c)(5), (d)(1), (d)(2), (d)(3) introductory text,
(d)(3)(ii), (d)(3)(iii), (d)(4), (e) introductory text, (e)(1), (e)(2),
(e)(3), (f), and (g) are revised to read as follows:
Sec. 155.710 Qualifications of person in charge.
(a) * * *
(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 Crude-Oil Washing
(COW), inert-gas, and vapor-control systems--to safely conduct a
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank
cleaning;
(2) Except as provided in paragraph (g) of this section, holds a
license issued under 46 CFR part 10 authorizing service aboard a vessel
certified for voyages beyond any Boundary Line described in 46 CFR part
7, except on tankships or self-propelled tank vessels not certified for
voyages beyond the Boundary Line; and
(3) Except as provided in paragraph (g) of this section and 46 CFR
13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46
CFR part 13 that authorizes the holder to supervise the transfer of
fuel oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning,
as appropriate to the product.
(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 fuel oil, of a
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall
verify to his or her satisfaction that each PIC--
(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 COW, inert-gas,
and vapor-control systems--to safely conduct either a transfer of
liquid cargo in bulk or cargo-tank cleaning; and
(2) Except as provided in paragraph (g) of this section and 46 CFR
part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge)
endorsement issued under 46 CFR part 13 that authorizes the holder to
supervise the transfer of fuel oil, the transfer of liquid cargo in
bulk, or cargo-tank cleaning, as appropriate to the product and vessel.
(c) * * *
(2) Except as provided in paragraph (g) of this section, 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) Except as provided in paragraph (g) of this section, holds a
Dangerous-Cargo Endorsement or Certificate issued by a flag state party
to the International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978 (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 of the transfer of fuel oil,
of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
(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 fuel oil, a transfer of liquid cargo in bulk, or cargo-tank
cleaning, except that the use of an interpreter meets this requirement
if the interpreter--
* * * * *
(ii) Is immediately available to the PIC on the tankship at all
times during the transfer or cargo-tank cleaning; and
(iii) Is knowledgeable about, and conversant with terminology of,
ships, transfers, and cargo-tank cleaning; and
(5) Is capable of effectively communicating with all crewmembers
involved in the transfer or cargo-tank cleaning, with or without an
interpreter.
(d) * * *
(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 COW, inert-gas,
and vapor-control systems--to safely conduct a transfer of fuel oil, a
transfer of liquid cargo in bulk, or cargo-tank cleaning;
(2) Except as provided in paragraph (g) of this section, 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 of the transfer of fuel oil, of the transfer of liquid cargo in
bulk, or of cargo-tank cleaning;
(3) 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 fuel oil, a transfer of liquid cargo in bulk, or cargo-tank
cleaning, except that the use of an interpreter meets this requirement
if the interpreter--
* * * * *
[[Page 25127]]
(ii) Is immediately available to the PIC on the tankship at all
times during the transfer or cargo-tank cleaning; and
(iii) Is knowledgeable about, and conversant with terminology of,
ships, transfers, and cargo-tank cleaning; and
(4) Is capable of effectively communicating with all crewmembers
involved in the transfer or cargo-tank cleaning, with or without an
interpreter.
(e) The operator or agent of each vessel to which this subpart
applies shall verify to his or her satisfaction that the PIC of any
transfer of fuel oil requiring a Declaration of Inspection--
(1) Holds a valid license issued under 46 CFR part 10 authorizing
service as master, mate, pilot, engineer, or operator aboard that
vessel, or holds a valid MMD issued under 46 CFR part 13 endorsed as
Tankerman-PIC or Tankerman-PIC (Barge), appropriate to the fuel oil and
the vessel, unless exempted elsewhere in this chapter;
(2) On each uninspected vessel not requiring a licensed person
aboard, 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; or
* * * * *
(f) Except as provided in paragraph (g) of this section, the
operator or agent of each self-propelled tank vessel carrying oil or
hazardous material in bulk shall verify to his or her satisfaction that
the PIC of the transfer of oil or hazardous material in bulk to or from
a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement
on his or her MMD and either a license or a Certificate issued by a
flag state party to STCW authorizing service as a master, mate, pilot,
engineer, or operator aboard that vessel.
(g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning
facility or shipyard need not hold any of the licenses, documents,
certificates, or endorsements required in paragraphs (a) through (f) of
this section, if he or she is a National Fire Protection Association
Certificated Marine Chemist.
6. The introductory text of Sec. 155.720 is revised to read as
follows:
Sec. 155.720 Transfer procedures.
The operator of a vessel with a capacity of 250 or more barrels of
oil, hazardous material, or liquefied gas as regulated in Table 4 of 46
CFR part 154 shall provide transfer procedures that meet the
requirements of this part and part 156 of this chapter for
transferring--
* * * * *
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
7. The authority citation for part 156 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); 46 U.S.C.
3703a. Subparts B and C also issued under 46 U.S.C. 3715.
8. In Sec. 156.120 paragraph (w)(13) is added; and paragraphs (w)
introductory text, and (w)(12) are revised to read as follows:
Sec. 156.120 Requirements for transfer.
* * * * *
(w) The person in charge of the transfer on the transferring vessel
or facility and the person in charge of it on the receiving vessel or
facility have held a conference, to ensure that each person in charge
understands--
* * * * *
(12) Transfer shutdown procedures; and,
(13) If the persons use radios, a predetermined frequency for
communications during the transfer, agreed upon by both.
* * * * *
TITLE 46--SHIPPING
PART 13--CERTIFICATION OF TANKERMEN
9. The authority citation for part 13 continues to read as follows:
Authority: 46 U.S.C. 3703, 7317, 8703, 9102; 49 CFR 1.46.
10. In Sec. 13.103 the introductory text is republished and the
following definitions are added and/or revised in alphabetical order to
read as follows:
Sec. 13.103 Definitions.
As used in this part:
Approved training means training that is approved by the Coast
Guard or meets the requirements of Sec. 10.309 of this chapter.
* * * * *
Directly supervised means being in the direct line of sight of the
person in charge, or maintaining direct, two-way communications by a
convenient, reliable means, such as a predetermined working frequency
over a hand-held radio.
* * * * *
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, except a liquid cargo carried in a
portable tank actually loaded and discharged from a vessel with the
contents intact.
* * * * *
Officer in Charge, Marine Inspection (OCMI), means, for this part,
the officer or individual so designated at one of the locations of the
regional examination centers listed in Sec. 10.105.
* * * * *
Regional examination center (REC) means an office of an OCMI that
performs licensing and certification.
Restricted Tankerman endorsement means a valid tankerman
endorsement on an MMD restricting its holder as the OCMI deems
appropriate--for instance, to one or a combination of the following: A
specific cargo or cargoes; a specific vessel or vessels; a specific
facility or facilities; a specific employer or employers; a specific
activity or activities (such as loading or unloading in a cargo
transfer); or a particular area of water.
Self-propelled tank vessel means a self-propelled tank vessel other
than a tankship.
* * * * *
Tankship means a self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous material in bulk in the cargo
spaces.
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, and that--
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
* * * * *
11. In Sec. 13.107 paragraphs (a), (b), (c), (d), and (e) are
revised, and a new paragraph (g) is added, to read as follows:
Sec. 13.107 Tankerman endorsement: General.
(a) If an applicant meets the requirements of subpart B of this
part, the OCMI at an 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 a transfer of fuel oil, of a
transfer of liquid cargo in bulk, or of cargo-tank cleaning on any tank
vessel. That person may also act as a Tankerman-Engineer, provided that
he or she also holds an engineer's license.
(b) If an applicant meets the requirements of subpart C of this
part, the OCMI at an REC may endorse his or
[[Page 25128]]
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 a transfer of liquid cargo in bulk only on a tank barge.
(c) If an applicant meets the requirements of subpart D of this
part, the OCMI at an REC may endorse his or her MMD as ``Tankerman-
Assistant'' with the appropriate cargo classification or
classifications. No person holding this endorsement may act as a PIC of
any transfer of fuel oil, of any transfer of liquid cargo in bulk, or
of cargo-tank cleaning unless he or she also holds an endorsement
authorizing service as PIC. He or she may, however, without being
directly supervised by the PIC, perform duties relative to cargo and
cargo-handling equipment assigned by the PIC of transfers of fuel oil,
of transfers of liquid cargo in bulk, or of cargo-tank cleaning. 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 at an REC 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 fuel oil, of any transfer of
liquid cargo in bulk, or of cargo-tank cleaning 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 his or her self-propelled tank vessel carrying DL or LG, for
maintaining both the cargo systems and equipment for transfer of
liquids in bulk and the bunkering systems and equipment. No person
licensed under part 10 of this chapter may serve as a chief engineer,
first assistant engineer, or cargo engineer aboard an inspected self-
propelled tank vessel when liquid cargo in bulk or cargo residue is
carried unless he or she holds this endorsement or equivalent.
(e) If an applicant meets the requirements of Sec. 13.111, the OCMI
at an REC may place on his or her MMD an endorsement as a ``Tankerman-
PIC'' restricted according to the definitions of ``restricted Tankerman
endorsement'' in Sec. 13.103.
* * * * *
(g) This section does not apply to any person solely by reason of
his or her involvement in bunkering or fueling.
12. In Sec. 13.111 paragraphs (a), (b), and (c) are revised and
paragraph (f) is added to read as follows:
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, specific vessels
or groups of vessels (such as uninspected towing vessels and Oil Spill
Response Vessels), specific facilities, specific employers, or
otherwise as the OCMI deems appropriate. The OCMI will evaluate each
application and may modify the applicable requirements for the
endorsement, allowing for special circumstances and for whichever
restrictions the endorsement will state.
(b) To qualify for a restricted ``Tankerman-PIC'' endorsement, an
applicant shall meet Secs. 13.201, excluding paragraph (f); 13.203; and
13.205.
(1) Twenty-five percent of the service described in Sec. 13.203(a)
must have occurred within the past five years.
(2) Two of the transfers described in Sec. 13.203(b) must have
occurred within the past five years.
(c) To qualify for a restricted ``Tankerman-PIC (Barge)''
endorsement, an applicant shall meet Secs. 13.301, excluding paragraph
(f); and 13.305.
(1) Twenty-five percent of the service described in Sec. 13.303(a)
must have occurred within the past five years.
(2) Two of the transfers described in Sec. 13.303(b) must have
occurred within the past five years.
* * * * *
(f) Because the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978 (STCW), does not
recognize restricted Tankerman-PIC endorsements, persons may act under
these only aboard vessels conducting business inside the Boundary Line.
13. In Sec. 13.113, the heading and paragraphs (a), introductory
text (c), (d), introductory text (d)(1)(i), (d)(1)(ii), (d)(1)(iii),
(d)(2), (e)(1)(ii), (e)(1)(iii), and (f) are revised, and new paragraph
(d)(3) is added to read as follows:
Sec. 13.113 Tankermen 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 Sec. 12.02-27
of this chapter that occurs after March 31, 1997, or, if he or she
holds no MMD, until the first renewal of his or her license that occurs
after March 31, 1997, as follows:
* * * * *
(c) A person who served as PIC for the transfer of liquid cargoes
in bulk listed in subchapter O of this chapter but who did not require
a tankerman endorsement, because the cargoes were non-flammable or non-
combustible, 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 self-propelled
tank vessel--that proves his or her qualifying service as required by
paragraph (e)(1)(iii) of this section.
(d) A person who qualifies under paragraph (a) of this section by
holding a current license may apply for a ``Tankerman-PIC'' or a
``Tankerman-PIC (Barge)'' endorsement under this subpart.
(1) * * *
(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), ``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) Either--
(A) 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 Sec. 13.121(d) and Table 13.121(f), appropriate to the
endorsement applied for; or
(B) A letter on company letterhead from the applicant's employer
stating that the applicant has successfully completed the approved
training discussed in Sec. 13.121 (i) or (j); 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 self-propelled tank vessels before
March 31, 1996; acted as the PIC of the transfer of DL or LG,
appropriate to the endorsement applied for within the last 5 years; and
accumulated two transfers on self-propelled tank vessels within the
last 10 years; and
(2) Served at least 90 days as a master or mate on self-propelled
tank vessels certified to carry DL or LG, appropriate to the
endorsement applied for, before March 31, 1996; and acted as a master
or mate on self-propelled tank vessels
[[Page 25129]]
certified to carry DL or LG within the last 10 years.
(B) Certificates of discharge proving at least 90 days of service
as master or mate on self-propelled tank vessels certified to carry DL
or LG, appropriate to the endorsement applied for, before March 31,
1996, with at least one discharge date within the last 5 years.
(2) To qualify for a ``Tankerman-PIC (Barge)'' endorsement, a
licensed officer shall present--
(i) Either--
(A) A certificate of completion from a course in shipboard
firefighting described in paragraph (d)(1)(i) of this section, or from
a course in tank-barge firefighting approved by the Commandant; or
(B) A letter on company letterhead from the owner, operator,
master, or chief engineer of a tank vessel attesting that before March
31, 1996, the applicant received training in awareness of hazards due
to flammability 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(g);
(ii) Either--
(A) A certificate of completion from a liquid-cargo course in DL or
LG for tankships or tank barges approved by the Commandant, appropriate
to the endorsement applied for;
(B) A certificate of completion from a liquid-cargo course in DL or
LG for tankships or tank barges up to 10 years before March 31, 1996,
that the OCMI determines substantially covers the material required by
Table 13.121(f); or
(C) A letter on company letterhead from the applicant's employer
stating that the applicant has successfully completed the approved
training discussed in Sec. 13.121(i) or (j); and
(iii) Evidence either--
(A) Of service that satisfies paragraph (d)(1)(iii) of this
section, except that for paragraphs (d)(1)(iii) (A)(2) and (B) 60 days
of service on any tank vessel are enough; or
(B) On company letterhead, from the owner or operator of a
terminal, or of a tank barge, of service attesting that the applicant
both acted as the PIC of the transfer of DL or LG, appropriate to the
endorsement applied for, on tank barges, before March 31, 1996, and
accumulated two transfers on tank barges within the last 10 years.
(3) To qualify for a restricted endorsement based on grades of
cargo handled, a mariner shall--
(i) For a restricted ``Tankerman-PIC'' endorsement, meet paragraphs
(d)(1) (i) and (iii) of this section; or
(ii) For a restricted ``Tankerman-PIC (Barge)'' endorsement, meet
paragraphs (e)(1) (i) and (iii) of this section.
(e) * * *
(1) * * *
(ii) Either--
(A) A certificate of completion from a liquid-cargo course in DL or
LG approved by the Commandant up to 10 years before March 31, 1996,
appropriate to the endorsement applied for;
(B) A certificate of completion from a liquid-cargo course in DL or
LG up to 10 years before March 31, 1996, that the OCMI determines
substantially covers the material required by Table 13.121(f); or
(C) A letter on company letterhead from the applicant's employer
stating that the applicant has successfully completed the approved
training discussed in Sec. 13.121 (i) or (j); and
(iii) Evidence on company letterhead from the owner, operator,
master, or chief engineer of the vessel, or from the owner or operator
of a terminal or of a tank barge, of service attesting that the
applicant both acted as the PIC of the transfer of DL or LG,
appropriate to the endorsement applied for on self-propelled tank
vessels or on tank barges, before March 31, 1996, and accumulated two
transfers on self-propelled tank vessels or on tank barges within the
last 10 years.
* * * * *
(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, except
that each person qualifying under paragraph (c) of this section shall
obtain the endorsement by March 31, 2001.
* * * * *
14. Table 13.113 is revised to read as follows:
Table 13.113.--Tankermen Certified Under Prior Regulations
----------------------------------------------------------------------------------------------------------------
Service after
effective date
Before effective date served but before Requirements for permanent Requirements for RESTRICTED
as: permanent endorsement to an MMD: endorsement to an MMD:
endorsement:
----------------------------------------------------------------------------------------------------------------
Licensed Officer............. May serve as Section 13.113(d) (1), (2)....... Section 13.113(d)(3).
Tankerman-PIC
in accordance
with 13.113(a),
until first
renewal of MMD
or license
after March 31,
1997.
Tankerman with endorsement on May serve as Section 13.113(e)(1)............. Section 13.113(e)(2).
MMD. Tankerman-PIC
(Barge) in
accordance with
13.113(B),
until first
renewal of MMD
after March 31,
1997.
PIC of non-flammable or non- May serve as Section 13.113(e)(1)............. Section 13.113(e)(2).
combustible cargoes listed Tankerman-PIC
in Subchapter O. (Barge) in
accordance with
13.113(c) until
March 31, 2001.
----------------------------------------------------------------------------------------------------------------
15. Section 13.115 is revised to read as follows:
Sec. 13.115 Licensed engineer: Endorsement as Tankerman-Engineer based
on service on tankships or self-propelled tank vessels before March 31,
1996.
A licensed person with at least 30 days of service as chief
engineer, first assistant engineer, or cargo engineer on one or more
tankships or self-propelled tank vessels 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--
(a) Either--
(1) 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 engineer, first assistant engineer, or
cargo engineer on tankships or self-propelled tank vessels certified to
carry DL or LG, appropriate to the endorsement applied for, before
March 31, 1996, and has so served within the last 5 years; or
(2) Certificates of Discharge proving at least 30 days of service
as chief engineer, first assistant engineer, or cargo engineer on
tankships or self-propelled tank vessels certified to carry DL or LG,
appropriate to the endorsement applied for before March
[[Page 25130]]
31, 1996, with a discharge date within the last 5 years; and
(b) Either--
(1) A certificate of completion from a liquid-cargo course in DL or
LG for tankships approved by the Commandant, appropriate to the
endorsement applied for;
(2) A certificate of completion from a liquid-cargo course in DL or
LG for tankships up to 10 years before March 31, 1996, that the OCMI
determines substantially covers the material covered by Table
13.121(f); or
(3) A letter on company letterhead from the applicant's employer
stating that the applicant has successfully completed the approved
training discussed in Sec. 13.121 (i) or (j).
16. Section 13.117 is revised to read as follows:
Sec. 13.117 Any person: Endorsement as Tankerman-Assistant based on
unlicensed deck service before March 31, 1996.
An applicant with unlicensed deck service on tankships or self-
propelled tank vessels 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 he or she presents either--
(a) A letter on company letterhead from the owner, operator, or
master of the vessel attesting that the applicant performed at least 30
days of deck service or service as a pumpman of tankships or self-
propelled tank vessels certified to carry DL or LG appropriate to the
endorsement applied for before March 31, 1996, and has so performed
within the last 5 years;
(b) Certificates of Discharge proving at least 30 days of deck
service or of service as a pumpman on tankships or self-propelled tank
vessels certified to carry DL or LG, appropriate to the endorsement
applied for, before March 31, 1996, with a discharge date within the
last 5 years; or
(c) A certificate of completion from a tanker-familiarization
course approved by the Commandant.
17. Section 13.120 is revised to read as follows:
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 prove either participation in at least two transfers within the
last 5 years in accordance with Sec. 13.127(b) or completion of an
approved course as described in Sec. 10.304.
18. In Sec. 13.121 paragraphs (c), (d)(3), (d)(4), (f), and (g) are
revised; and new paragraphs (d)(5), (d)(6), (h), (i), and (j) are added
to read as follows:
Sec. 13.121 Courses for training tankermen.
* * * * *
(c) A course that uses simulated transfers to train students in
loading and discharging tank vessels may replace up to 2 loadings and 2
discharges, 1 commencement and 1 completion of loading, and 1
commencement and 1 completion of discharge required for a Tankerman-PIC
or Tankerman-PIC (Barge) endorsement. The request for approval of the
course must specify those segments of a transfer that the course will
simulate. The letter from the Coast Guard approving the course will
state the number and kind of segments that the course will replace.
(d) * * *
(3) ``Tankerman-PIC LG'' is Tankship: Liquefied Gases;
(4) ``Tankerman-PIC (Barge) LG'' is Tank Barge: Liquefied Gases;
(5) ``Tankerman-Assistant DL'' is Familiarization with DL Tankship;
and
(6) ``Tankerman-Assistant LG'' is Familiarization with LG Tankship.
* * * * *
(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) or Sec. 13.121(h).
(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,
Table 13.121(g) for firefighting, or Sec. 13.121(h) for familiarization
with tankships, 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.
(h) The Coast Guard will evaluate the curricula of courses for
Familiarization with DL and LG Tankships to ensure adequate coverage of
the required subjects. Training may employ classroom instruction,
demonstrations, or simulated or actual operations.
(1) The curricula of courses for Familiarization with DL Tankships
must consist of the following:
(i) General characteristics, compatibility, reaction, firefighting,
and safety precautions for bulk liquid cargoes defined as DL in this
part.
(ii) Terminology of tankships carrying oil and other chemicals.
(iii) General arrangement and construction of cargo tanks, vapor
control, and venting.
(iv) Cargo-piping systems and valves.
(v) General operation of cargo pumps.
(vi) General discussion of the following operations connected with
the loading and discharging of cargo:
(A) Pre-transfer inspection and conference and Declaration of
Inspection.
(B) Lining up of the cargo and vapor-control systems and starting
of liquid flow.
(C) Connecting and disconnecting of cargo hoses and loading arms.
(D) Loading.
(E) Ballasting and de-ballasting.
(F) Discharging.
(G) Tank-gauging (open and closed).
(vii) Rules of the Coast Guard governing operations in general and
prevention of pollution in particular.
(viii) Prevention and control of pollution.
(ix) Emergency procedures.
(x) Safety precautions relative to:
(A) Entering cargo tanks and pump room.
(B) Dangers of contact with skin.
(C) Inhalation of vapors.
(D) Protective clothing and equipment.
(E) Hot work.
(F) Precautions respecting electrical hazards, including hazards of
static electricity.
(xi) General principles and procedures of Crude-Oil Washing (COW)
Systems and inert-gas systems.
(xii) Tank-cleaning procedures and precautions.
(xiii) Principles and procedures of vapor-control systems.
(xiv) Cargo-hazard-information systems.
(2) To ensure adequate coverage of the required subjects, training
may employ classroom instruction, demonstrations, or simulated or
actual operations. The curricula of courses for Familiarization with LG
Tankships must consist of the following:
(i) General characteristics, compatibility, reaction, firefighting,
and safety precautions for cargoes defined as LG in this part.
(ii) Terminology of tankships carrying LG.
(iii) Physical properties of LG.
(iv) Potential hazards and safety precautions of LG:
(A) Combustion characteristics.
(B) Hot work.
(C) Results of release of LG to the atmosphere.
(D) Health hazards (skin contact, inhalation, and ingestion).
(E) Protective clothing and equipment.
(F) Tank-entry procedures and precautions.
(G) Thermal stresses.
(H) Precautions respecting electrical hazards, including hazards of
static electricity.
[[Page 25131]]
(v) Cargo-containment systems.
(vi) General arrangement and construction of cargo tanks.
(vii) Cargo-piping systems and valves.
(viii) Instrumentation:
(A) Cargo-level indicators.
(B) Gas-detecting systems.
(C) Systems for monitoring temperatures of hulls and cargoes.
(D) Automatic shut-down systems.
(ix) Heating systems for cofferdams and ballast tanks.
(x) General discussion of the following operations connected with
the loading and discharging of cargo:
(A) Pre-transfer inspection and conference and Declaration of
Inspection.
(B) Lining up of the cargo and vapor-control systems and starting
of liquid flow.
(C) Connecting and disconnecting of cargo hoses and loading arms.
(D) Loading.
(E) Ballasting and de-ballasting.
(F) Discharging.
(xi) Disposal of boil-off.
(xii) Emergency procedures.
(xiii) Rules of the Coast Guard governing operations in general and
prevention of pollution in particular.
(xiv) Principles and procedures of IGSs.
(xv) Tank-cleaning procedures and precautions.
(xvi) Principles and procedures of vapor-control systems.
(xvii) Cargo-hazard-information systems.
(i) A company that offers approved DL training for its employees
shall ensure discussion of the following topics (further discussed in
STCW Regulation V, Section A-V/1, paragraphs 9 through 21):
(1) Treaties and rules.
(2) Design and equipment.
(3) Cargo characteristics.
(4) Ship operations.
(5) Repair and maintenance.
(6) Emergency procedures.
(j) A company that offers approved LG training for its employees
shall ensure discussion of the following topics (further discussed in
STCW Regulation V, Section A-V/1, paragraphs 22 through 34):
(1) Treaties and rules.
(2) Chemistry and physics.
(3) Health hazards.
(4) Cargo containment.
(5) Pollution.
(6) Cargo-handling systems.
(7) Ship operations.
(8) Safety practices and equipment.
(9) Emergency procedures.
(10) General principles of cargo operations.
19. Table 13.121(F) is redesignated Table 13.121(f) and revised to
read as follows:
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 CFR Part 13............. x x
Bulk liquefied gases & their vapors defined as Liquefied Gases in 46 CFR
Part 13................................................................ x x
Physical phenomena of liquefied gas, including:
Basic concept........................................................... x x
Compression and expansion............................................... x x
Mechanism of heat transfer.............................................. x x
Potential hazards of liquefied gas, including:
Chemical and physical properties........................................ x x
Combustion characteristics.............................................. x x
Results of gas release to the atmosphere................................ x x
Health hazards (skin contact, inhalation, and ingestion)................ x x
Control of flammability range with inert gas............................ x x
Thermal stress in structure and piping of vessel........................ x x
Cargo systems, including:
Principles of containment systems....................................... x x x x
Construction, materials, coating, & insulation of cargo tanks........... x x
General arrangement of cargo tanks...................................... x x x x
Venting and vapor-control systems....................................... x x x x
Cargo-handling systems, including:
Piping systems, valves, pumps, and expansion systems.................... x x x x
Operating characteristics............................................... x x x x
Instrumentation systems, including:
Cargo-level indicators.................................................. x x x x
Gas-detecting systems................................................... x x x
Temperature-monitoring systems, cargo................................... x x x
Temperature-monitoring systems, hull.................................... x x
Automatic-shutdown systems.............................................. 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 the loading and discharging of cargo, including:
Lining up the cargo and vapor-control systems........................... x x x x
Pre-transfer inspections and completion of the Declaration of Inspection x x x x
Hooking up of cargo hose, loading arms, and grounding-strap............. x x x x
Starting of liquid flow................................................. x x x x
Calculation of loading rates............................................ x x
[[Page 25132]]
Discussion of loading................................................... x x x x
Ballasting and deballasting............................................. x x x x
Topping off of the cargo tanks.......................................... x x x x
Discussion of discharging............................................... x x x x
Stripping of the cargo tanks............................................ 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
Cargo-tank-cleaning procedures and precautions.......................... x x
Operating procedures and sequence for:
Inerting of cargo tanks and void spaces................................. x x x x
Cooldown and warmup of cargo tanks...................................... x x
Gas-freeing............................................................. x x x x
Loaded or ballasted voyages............................................. x x
Testing of cargo-tank atmospheres for oxygen & cargo vapor.............. x x x x
Stability and stress considerations connected with loading and discharging
of cargo................................................................... x x x x
Loadline, draft, and trim................................................... x x x x
Disposal of boil-off, including:
System design........................................................... x x
Safety features......................................................... x x
Stability-letter requirements............................................... x x
Emergency procedures, including notice to appropriate authorities, for:
Fire.................................................................... x x x x
Collision............................................................... x x x x
Grounding............................................................... x x x x
Equipment failure....................................................... x x x x
Leaks and spills........................................................ x x x
Structural failure...................................................... x x x x
Emergency discharge of cargo............................................ x x x x
Entering cargo tanks.................................................... x x x x
Emergency shutdown of cargo-handling.................................... x x x x
Emergency systems for closing cargo tanks............................... x x
Rules & regulations (international and Federal, for all tank vessels) on
conducting operations and preventing pollution............................. x x x x
Pollution prevention, including:
Procedures to prevent air and 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
Terminology for tankships carrying oil and chemicals........................ x
Terminology for tank barges carrying oil and chemicals...................... x
Terminology for tankships carrying liquefied gases.......................... x
Terminology for tank barges carrying liquefied gases........................ x
Principles & procedures of crude-oil-washing (COW) systems, including:
Purpose................................................................. x
Equipment and design.................................................... x
Operations.............................................................. x
Safety precautions...................................................... x
Maintenance of plant and equipment...................................... x
Principles & procedures of the inert-gas systems (IGSs), including:
Purpose................................................................. x x
Equipment and design.................................................... x x
Operations.............................................................. x x
Safety precautions...................................................... x x
Maintenance of plant and equipment...................................... x x
Principles & procedures of vapor-control systems, including:
Purpose................................................................. x x x x
Principles.............................................................. x x x x
Coast Guard regulations................................................. x x x x
Hazards................................................................. x x x x
Active system components................................................ x x x x
Passive system components............................................... x x x x
Operating procedures, including:
Testing and inspection requirements..................................... x x x x
Pre-transfer procedures................................................. x x x x
Connecting sequence..................................................... x x x x
Start-up sequence....................................................... x x x x
Normal operations....................................................... x x x x
Emergency procedures........................................................ x x x x
Cargo-hazard-information systems............................................ x x x x
Safe entry into confined spaces, including:
Testing tank atmospheres for oxygen & hydrocarbon vapors................ x x
Definition and hazards of confined spaces............................... x x x x
[[Page 25133]]
Cargo tanks and pumprooms............................................... x x x x
Evaluation and assessment of risks and hazards.......................... x x x x
Safety precautions and procedures....................................... x x x x
Personnel protective equipment (PPE) and clothing....................... x x x x
Maintenance of PPE...................................................... x x x x
Dangers of skin contact................................................. x x x x
Inhalation of vapors.................................................... x x
Electricity and static electricity--hazards and precautions............. x x x x
Emergency procedures.................................................... x x x x
Federal regulations, national standards & industry guidelines........... x x x x
Inspections by marine chemists & competent persons, including hot-work
permits & procedures................................................... x x x x
Vessel response plans:
Purpose, content, and location of information........................... x x x x
Procedures for notice and 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
----------------------------------------------------------------------------------------------------------------
Column 1--Tankerman-PIC DL.
Column 2--Tankerman-PIC (Barge) DL.
Column 3--Tankerman-PIC LG.
Column 4--Tankerman-PIC (Barge) LG.
Table 13.121(g) [Amended]
20. Amend Table 13.121(g) to read as follows:
a. After the course topic ``Definitions of flammability and
combustibility: Flammability'' insert an ``x'' in column one.
b. After the course topic ``Definitions of flammability and
combustibility: Inerting'' remove the ``x'' in column one.
c. After the course topic ``Fire Prevention: Fire hazards of DL and
LG'' insert an ``x'' in column two.
d. After the course topic ``Firefighting equipment: Limitations of
portable and semiportable extinguishers'' insert an ``x'' in column
two.
e. After the course topic ``Basic firefighting techniques: Stopping
leakage of cargo'' insert an ``x'' in column two.
f. After the course topic ``Basic firefighting techniques:
Extinguishing'' insert an ``x'' in column one.
g. After the course topic ``Basic firefighting techniques:
Extinguishing with portable units'' insert an ``x'' into column two.
h. After the course topic ``Basic firefighting techniques: Using
additional personnel'' insert an ``x'' into column two.
i. After the course topic ``Use of extinguisher on: Flammable and
combustible liquids'' insert an ``x'' in column two.
j. After the course topic ``Use of extinguisher on: Manifold-flange
fire'' insert an ``x'' in column two.
k. After the course topic ``Use of extinguisher on: Drip-pan fire''
insert an ``x'' in column two.
l. After the course topic ``Use of extinguisher on: Pump fire''
insert an ``x'' in column two.
21. In Sec. 13.127, the heading and paragraphs (a) introductory
text, and (b)(6) are revised; and paragraph (b)(9) is added to read as
follows:
Sec. 13.127 Service: general.
(a) A service letter must be signed by the owner, operator, master,
or chief engineer of the vessel and must specify--
* * * * *
(b) * * *
(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, where applicable.
* * * * *
(9) Personnel desiring credit for transfers during off-duty hours
may satisfy requirements of competence through incremental training
periods that include segments of transfers. The cumulative number of
transfers must equal the minimum specified in Sec. 13.203(b) or
13.303(b).
22. Table 13.129 is revised to read as follows:
Table 13.129
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Certificate
Recency of Proof of of from English
Category Minimum age Physical required Service service service firefighting Cargo course language
course 13.207
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Tankerman-PIC Subpart B........ 18; 13.201(a).......... Yes; 13.125............ 13.203 13.123 13.205 13.207 13.209 13.201(g)
Tankerman-PIC (Barge) Subpart C 18; 13.301(a).......... Yes; 13.125............ 13.303 13.123 13.305 13.307 13.309 13.301(g)
Tankerman-Assistant Subpart D.. 18; 13.401(a).......... Yes; 13.125............ 13.403 13.123 13.405 13.407 13.409 13.401(f)
Tankerman-Engineer Subpart E... 18; 13.501(a).......... Yes; 13.125............ 13.503 13.123 13.505 13.507 13.509 13.501(g)
Restricted Tankerman-PIC....... 18; 13.111(b).......... Yes; 13.111(b)......... 13.111(b) 13.111(b) 13.111(b) 13.111(b) No 13.111(b)
Restricted Tankerman-PIC 18; 13.111(c).......... Yes; 13.111(c)......... 13.111(c) 13.111(c) 13.111(c) 13.111(c) No 13.111(c)
(Barge).
Restricted Tankerman-PIC 18; 13.111(d)(1)....... Yes; 13.111(d)(3)...... 13.111(d)(4) No 13.111(d)(4) No No 13.111(d)(5)
(Barge), Facility.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 25134]]
23. In Sec. 13.203 the heading and paragraphs (a)(1), (2), and (3)
and (b) introductory text, are revised to read as follows:
Sec. 13.203 Eligibility: Experience.
* * * * *
(a) * * *
(1) At least 90 days of service as a licensed deck officer or a
licensed engineering officer on one or more tankships or self-propelled
tank vessels certified to carry DL or LG appropriate to the endorsement
applied for;
(2) At least 90 days of unlicensed or cadet service on deck or in
the engine department on one or more tankships or self-propelled tank
vessels certified to carry DL or LG appropriate to the endorsement
applied for; or
(3) A combination of the service in paragraphs (a) (1) and (2) of
this section.
(b) Each applicant shall present evidence of participation, under
the supervision of a ``Tankerman-PIC,'' in at least 10 transfers of
liquid cargo in bulk of the classification desired on tankships or
self-propelled tank vessels, including at least--
* * * * *
24. In Sec. 13.207, the heading is revised to read as follows:
Sec. 13.207 Eligibility: Firefighting course.
* * * * *
25. Section 13.209, is revised to read as follows:
Sec. 13.209 Eligibility: 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 and for the endorsement applied for, and
approved by the Commandant. The date of the certificate may not be more
than 5 years earlier than the date of application.
26. In Sec. 13.303 the heading, paragraphs (a) (1) and (b),
introductory text are revised to read as follows:
Sec. 13.303 Eligibility: Experience.
* * * * *
(a) * * *
(1) At least 60 days of service, whether by shore-based or by
vessel-based personnel, on one or more tank vessels certified to carry
DL or LG appropriate to the endorsement applied for; or
* * * * *
(b) Participation, under the supervision of a ``Tankerman-PIC'' or
``Tankerman-PIC (Barge),'' in at least 10 transfers of liquid cargo in
bulk of the classification desired on any tank vessel, including at
least--
* * * * *
27. Section 13.305 is revised to read as follows:
Sec. 13.305 Proof of service for ``Tankerman-PIC (Barge)''
endorsement.
Service must be proved by a letter on company letterhead from the
owner or operator of a terminal; the owner or operator of a tank barge;
the owner, operator, or master of a tank vessel; or the employer of
shore-based tankermen. The letter must contain the information required
by Sec. 13.127(a), excluding paragraph (a)(3)(vii).
28. In Sec. 13.307, the heading and paragraph (a) are revised to
read as follows:
Sec. 13.307 Eligibility: Firefighting course.
* * * * *
(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 5 years
or less before the date of application for the endorsement, unless he
or she has previously submitted such a certificate for a license or a
tankerman endorsement; or
* * * * *
29. Section 13.309, is revised to read as follows:
Sec. 13.309 Eligibility: Cargo course.
Each applicant for an original ``Tankerman-PIC (Barge)''
endorsement shall present a certificate of completion from a course in
DL or LG appropriate for tank barges and for Tankerman-PIC or
Tankerman-PIC (Barge), and approved by the Commandant. The date of the
certificate may not be more than 5 years earlier than the date of
application.
Sec. 13.401 [Amended]
30. In Sec. 13.401, paragraph (e)(2) is revised to read as follows:
* * * * *
(e)(1) * * *
(2) Present evidence of service on tankships or self-propelled tank
vessels in accordance with Sec. 13.403; and
* * * * *
31. In Sec. 13.403, the heading and paragraph (a)(1) are revised to
read as follows:
Sec. 13.403 Eligibility: Experience.
(a) * * *
(1) Evidence of at least 90 days of deck service on tankships or
self-propelled tank vessels certified to carry DL or LG appropriate to
the endorsement applied for; or
* * * * *
32. In Sec. 13.405, paragraphs (a) introductory text, (a)(2), and
(b)(2), introductory text are revised to read as follows:
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 or self-propelled tank
vessel. The letter must specify--
* * * * *
(2) The number of days of deck service the applicant accumulated on
the tankship or self-propelled tank vessel; and
* * * * *
(b) * * *
(2) A letter on company letterhead from the owner, operator, or
master of one of the tankships or self-propelled tank vessel stating
that he or she has demonstrated--
* * * * *
33. In Sec. 13.407, the heading is revised to read as follows:
Sec. 13.407 Eligibility: Firefighting course.
* * * * *
34. Section 13.409, is revised to read as follows:
Sec. 13.409 Eligibility: Cargo course.
Each applicant for an original ``Tankerman-Assistant'' endorsement
who has not presented the required service on tankships or self-
propelled tank vessels shall present a certificate of completion from a
course for Familiarization with DL or LG Tankships or from a tanker-
familiarization course appropriate to the endorsement applied for, and
approved by the Commandant. The date of the certificate may not be more
than 5 years earlier than the date of application.
35. In Sec. 13.501, paragraph (d) is revised to read as follows:
* * * * *
(d) Present evidence of service on tankships and self-propelled
tank vessels in accordance with Sec. 13.503;
* * * * *
36. In Sec. 13.503, the heading, paragraphs (a) (1), (2), and (3)
and (b) are revised to read as follows:
Sec. 13.503 Eligibility: Experience.
(a) * * *
(1) 90 days of service as a licensed engineering officer of
tankships or self-propelled tank vessels certified to carry DL or LG
appropriate to the endorsement applied for;
(2) 90 days of unlicensed or cadet service in the engine department
on tankships or self-propelled tank vessels certified to carry DL or LG
appropriate to the endorsement applied for; or
[[Page 25135]]
(3) A combination of the service in paragraphs (a) (1) and (2) of
this section.
(b) Each applicant already holding an MMD endorsed as Tankerman-
Engineer for DL and seeking one for LG, or the converse, shall prove at
least half the service required by paragraph (a) of this section.
37. In Sec. 13.505, paragraphs (a) introductory text, (a)(2), and
(b) are revised to read as follows:
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, master, or chief engineer of a tankship or self-
propelled tank vessel. The letter must specify--
* * * * *
(2) The number of days of licensed and unlicensed service in the
engine department on tankships or self-propelled tank vessels; or
(b) Service must be proved by certificates of discharge from
tankships or self-propelled tank vessels with the appropriate
classification of cargo (DL, LG, or both).
38. In Sec. 13.507, the heading is revised to read as follows:
Sec. 13.507 Eligibility: Firefighting course.
* * * * *
39. Section 13.509, is revised to read as follows:
Sec. 13.509 Eligibility: Cargo course.
Each applicant for an original ``Tankerman-Engineer'' endorsement
shall present a certificate of completion from a course in DL or LG,
appropriate for tankships and the endorsement applied for, approved by
the Commandant. The date of the certificate may not be more than 5
years earlier than the date of application.
PART 15--MANNING REQUIREMENTS
40. The authority citation for part 15 continues to read as
follows:
Authority: 46 U.S.C. 3703, 8105; 49 CFR 1.46.
41. In Sec. 15.301 the following definition is added in
alphabetical order to paragraph (a) to read as follows:
Sec. 15.301 Definitions of terms used in this part.
(a) * * *
* * * * *
Directly supervised means being in the direct line of sight of the
person in charge or maintaining direct, two-way communications by a
convenient, reliable means, such as a predetermined working frequency
over a hand-held radio.
* * * * *
42. In Sec. 15.860 a new paragraph (h) is added to read as follows:
Sec. 15.860 Tankerman.
* * * * *
(h) Because STCW does not recognize restricted Tankerman-PIC
endorsements, persons may act under these only aboard vessels
conducting business inside the Boundary Line.
Table 15.860(a)(1) [Amended]
43. In Table 15.860(a)(1) under ``Tank vessels'' remove the phrase
``Tank Barge Certified for Voyages Beyond Boundary Line'' and add, in
its place, the phrase ``Tank Barge.''
PART 30--GENERAL PROVISIONS
44. The authority citation for part 30 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49
CFR 1.45, 1.46. Section 30.01-2 also issued under the authority of
44 U.S.C. 3507; Section 30.01-5 also issued under the authority of
Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
45. Section 30.10-62 is added to read as follows:
Sec. 30.10-62 Self-propelled tank vessel--TB/ALL
Self-propelled tank vessel means a self-propelled tank vessel other
than a tankship.
46. Section 30.10-65 is revised to read as follows:
Sec. 30.10-65 Tank barge--B/ALL.
The term tank barge means a non-self-propelled tank vessel.
47. Section 30.10-67 is revised to read as follows:
Sec. 30.10-67 Tankship--T/ALL.
The term tankship means a self-propelled tank vessel constructed or
adapted primarily to carry oil or hazardous material in bulk in the
cargo spaces.
48. Section 30.10-69 is revised to read as follows:
Sec. 30.10-69 Tank vessel--TB/ALL.
The term 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, and that--
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
PART 35--OPERATIONS
49. The authority citation for part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; 49 CFR 1.46.
50. In Sec. 35.35-30 the heading and paragraphs (a) and (b) are
revised to read as follows:
Sec. 35.35-30 ``Declaration of Inspection'' for tank vessels--TB/ALL.
(a) After an inspection under Sec. 35.35-20, but before a transfer
of cargo, fuel oil, or bunkers may commence as described in this
section and 33 CFR 156.120 and 156.150, the person in charge of the
transfer shall prepare, in duplicate, a Declaration of Inspection. The
original must be kept aboard the vessel, and the duplicate provided to
the terminal supervisor or that person's representative. The supervisor
or the representative may, upon demand, inspect the vessel to determine
whether its condition is as stated on the Declaration of Inspection.
(b) The Declaration of Inspection may be in any form, but must
contain at least:
* * * * *
51. In Sec. 35.35-35 the introductory text is revised; and a new
paragraph (f) is added 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, fuel
oil in bulk, or bunkers in bulk shall control the transfer as follows:
* * * * *
(f) Comply with 33 CFR 156.120 and 156.150.
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
52. 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.
53. In Sec. 98.30-17 paragraph (b)(3) is removed; and paragraph
(b)(2) is revised to read as follows:
Sec. 98.30-17 Qualifications of person in charge
* * * * *
(b) * * *
(2) On a self-propelled tank vessel, or on a tankship, carrying oil
or hazardous material in bulk, hold a valid license or certificate
authorizing service as a master, mate, pilot, engineer, or operator
aboard that vessel, and a Tankerman-
[[Page 25136]]
PIC or a restricted Tankerman (PIC) endorsement on his or her MMD.
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
54. The authority citation for part 105 continues 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.
55. In Sec. 105.90-1 paragraph (b)(3) is revised to read as
follows:
Sec. 105.90-1 Existing commercial fishing vessels dispensing petroleum
products.
* * * * *
(b) * * *
(3) All commercial fishing vessels must comply with the applicable
requirements in subparts 105.15 (Inspection Required), 105.35 (Fire
Extinguishing Equipment), and 105.45 (Special Operating Requirements).
Dated: April 25, 1997.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 97-11779 Filed 5-7-97; 8:45 am]
BILLING CODE 4910-14-P