Posted:
October 26, 2012
The U.S. Coast Guard has not yet published its final rule to implement the 2010 amendments to the Standards of Training, Certification and Watchkeeping (STCW). The USCG has, however, published three policy letters pertaining to the 2010 STCW amendments "providing guidance to vessels and mariners" subject to the STCW Convention and Code. These policy letters represent the USCG's current thinking on the subjects addressed, and as such, provide an indication of regulatory language that may be contained in the USCG final rule, when it is published in the future.
All American Maritime Officers members sailing on vessels subject to the STCW should read and become familiar with the provisions and guidelines detailed in these policy letters and take appropriate actions to adhere to them.
Each of the policy letters clarifies: "This guidance is not a substitute for applicable legal requirements, nor is it itself a regulation. It is not intended to nor does it impose legally binding requirements on any party." Although the regulatory language in the policy letters cannot be enforced as law, the USCG will enforce any regulations contained in its final rule on the 2010 STCW amendments, when it is published in the future.
The 2010 STCW amendments entered into force Jan. 1, 2012. While the USCG will begin enforcing these guidelines once its final rule is published in the future, other port state authorities may enforce these provisions now during port state control inspections in foreign ports.
The policy letters provide guidance on: the hours-of-rest requirements of the 2010 STCW amendments, issuance of endorsements and approval of training for vessel personnel with designated security duties and those requiring security awareness training, and approval of other training and endorsements to meet the requirements of the 2010 amendments to the STCW Convention and Code.
The following is a summary of the three policy letters. Links to each policy letter and to the U.S. Coast Guard's notice in the Federal Register are available on the National Maritime Center website.
CG-CVC Policy Letter No.12-05 - Hours of Rest
Because many U.S. mariners sail on international voyages, the USCG has provided guidance on the hours of rest regulations for mariners sailing internationally who may be subject to port state control inspections where these regulations may be enforced. The USCG will enforce these guidelines once its final rule is published; however, other port states may enforce these provisions in the interim.
This policy letter provides a concise summary of STCW, CFR and U.S. Code work/rest-hour regulations.
Specifically, the policy letter states, in accordance with the 2010 amendments to the STCW Convention and Code, section AVIII/ 1, the following minimum hours of rest requirements should be implemented onboard vessels subject to STCW:
(1) Every person assigned duty as officer in charge of a navigational or engineering watch, or duty as a ratings forming part of a navigational or engineering watch, or designated safety, prevention of pollution, and security duties onboard any vessel that operates beyond the boundary line, as described in 46 CFR Part 7, should receive:
(i) a minimum of 10 hours of rest in any 24-hour period; [46 CFR 15.1111(a)], and
(ii) 77 hours of rest in any 7-day period. [STCW A-VIII/1.2.2].
(2) The hours of rest, required under paragraph (c)(1), may be divided into no more than two periods in any 24-hour period, one of which should be at least 6 hours in length, 46 CFR 15.1111(b), and the interval between consecutive periods of rest should not exceed 14 hours. [STCW A-VIII/1.3.]
(3) The requirements of paragraphs (c)(1) and (c)(2) need not be maintained in the case of an emergency or drill or in other overriding operational conditions, [46 CFR 15.1111(c)]. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, should be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. [STCW AVIII/1.4].
(4) The minimum period of rest required under paragraph (c)(1) may not be devoted to watchkeeping or other duties, [46 CFR 15.1111(e)].
(5) Watchkeeping personnel remain subject to the work-hour limits in 46 U.S.C. 8104 and to the conditions when crew members may be required to work, [46 CFR 15.1111(f)].
(6) The master shall post watch schedules where they are easily accessible. They must cover each affected member of the crew and must take into account the rest requirements of this section as well as port rotations and changes in the vessel's itinerary, [46 CFR15.1111(g)]. The schedules should be established in a standardized format in the working language or languages of the ship and in English. [STCW A-VIII/1.5].
(7) Records of daily hours of rest should be maintained onboard the vessel. Each affected person should receive a copy of the records pertaining to them, which should be endorsed by the master or by a person authorized by the master and by the seafarer. [STCW A-VIII/1.7].
(8) For every seafarer on call, such as when a machinery space is unattended, the seafarer should have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. [STCW A-VIII/1.6].
(9) The master of the vessel may suspend the schedule of hours of rest and require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons onboard, or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. As soon as practicable after the situation has been restored, the master should ensure that any seafarer who has performed work in a scheduled rest period is provided with an adequate period of rest. [STCW A-VIII/1.8].
(10) In exceptional circumstances, the master may authorize exceptions from the hours of rest required under paragraph (c)(1)(ii) provided that the rest period is not less than 70 hours in any 7-day period. These exceptions should meet the following additional requirements: (1) exceptions should not extend beyond two 24-hour periods in any 7-day period; (2) exceptions should not extend for more than two consecutive weeks; and, (3) the intervals between two periods of exceptions should not be less than twice the duration of the exception. [STCW A-VIII/1.9].
The policy letter also provides record keeping guidance, and states owners/operators are encouraged to utilize the "Model Format for Records of Hours of Work or Hours of Rest of Seafarers" developed by the ILO and the IMO, which is included as Enclosure (1) to the policy letter.
CG-CVC Policy Letter No.12-06 - Endorsements as Vessel Personnel with Designated Security Duties and for Security Awareness
This policy letter outlines new security training and endorsement requirements for ALL vessel personnel.
To date, all vessel personnel required onboard security briefings and training in their specific security duties. Also, only the vessel security officer (VSO) or those endorsed as VSO required formal USCG approved/accepted VSO security training and STCW endorsement to their credential. This policy letter establishes two new categories of training and endorsement for onboard security. Vessel personnel with designated security duties (VPDSD) and vessel personnel requiring security awareness training.
As of Jan. 1, 2012, STCW requires that certain seafarers hold endorsements as: (1) vessel personnel with designated security duties (VPDSD); or, (2) evidencing security-awareness training if the mariner is assigned security duties. To date, the USCG only provided STCW endorsement for vessel security officer (VSO). Now, all mariners must have an STCW security endorsement commensurate with their duties.
In line with the provisions contained within the STCW, this policy implies that all mariners must obtain this endorsement by Jan. 1, 2014.
On a positive note, the policy letter contains grandfathering provisions for obtaining these endorsements for those who have served as VPDSD in the past.
The security training requirements in the STCW were developed as a progression where "security awareness" is the lowest level of training and "vessel security officer" demands the highest level of training. Under this progression, VSO training meets the requirements for VPDSD, and VPDSD meets the requirements for security awareness. Therefore, for example, mariners who completed VSO training would be eligible for any position with a training requirement at the VSO level or lower. A mariner who meets the requirements for a "superior" endorsement will have their MMC endorsed for the superior endorsement as well as subordinate endorsements.
All officers (deck and engine) generally have specific security duties onboard per the vessel security plan and related procedures. Based upon the information provided in this policy letter, in order to prevent issues during port state control boardings and inspections, STAR Center recommends every member have his or her MMC endorsed as VPDSD (or VSO if qualified) BEFORE Jan. 1, 2014.
In order to obtain the VSO (superior endorsement), you must have taken a USCG approved or accepted VSO training course. STAR Center's VSO course meets this requirement.
STCW endorsements as VPDSD will be issued to those who apply to the USCG for an STCW endorsement as VPDSD and provide documentary evidence of having met the requirements found in 33 CFR 104.220. ALTERNATIVELY, mariners who commenced sea service prior to Jan. 1, 2012 may apply for the VPDSD by providing documentation attesting to one of the following:
A) Seagoing service with designated security duties for a period of six months in the preceding three years (designated security duties may include, but are not limited to, duties specified in the vessel security plan). NOTE: STAR Center recommends all members who have not taken the VSO training and who otherwise do not require VSO endorsement take advantage of this grandfathering clause by obtaining the VPDSD endorsement with documentary evidence of this provision.
B) Performance of security functions considered to be equivalent in scope to shipboard designated security duties, for a period of six months in the preceding three years; or
C) Successful completion of a USCG accepted or approved course.
Documentary evidence may include, but is not limited to, a certificate or letter signed by a company official.
STAR Center further recommends that if an individual does not meet any of the above grandfathering provisions, they should take STAR Center's VSO course and obtain the superior VSO security endorsement.
CG-CVC Policy Letter No. 12-07 - Guidance on Issuance of Endorsements and Approval of Training to Meet 2010 Amendments to STCW
The purpose of this policy is to establish and provide guidance on how the USCG intends to implement the provisions of STCW 2010 in 46 CFR with regard to issuing endorsements and certain required training.
The policy letter specifically lists several new endorsements and training areas. The following summary is by no means all-inclusive, but attempts to inform members of the most significant issues and what to expect in the future.
"Able seafarer-deck" and "able seafarer-engine" are two new STCW endorsements the USCG will be issuing. These endorsements correspond to the U.S. domestic ratings of able seafarer and qualified member of the engine department (QMED). The policy letter outlines what is required to obtain these new STCW endorsements. For the most, part these new endorsements do not pertain to the AMO membership.
Tankerman Endorsements: The policy letter provides clear statements that the USCG will continue with its current policy to provide the STCW endorsements to individuals who meet the current domestic tankerman regulations in 46 CFR Part 13. According to the policy letter, the USCG does not intend to change the verbiage in 46 CFR Part 13. Based upon this, STAR Center does not feel this section contains significant changes to current tankerman regulations policy and practices for tank vessels and persons working on them.
ECDIS: The policy states that ECDIS requirements are met by completing a USCG approved or accepted course. There is no time limit on when the course must be completed, and courses approved prior to the 2010 amendments and this policy will meet this requirement. Based upon this statement in the policy, any who took STAR Center's USCG approved ECDIS course back to its inception should satisfy this USCG requirement.
Anyone who has not completed a USCG approved ECDIS course at the appropriate level will have the following limitation placed on their STCW endorsement: "Not valid on ECDIS equipped vessels after December 31, 2016." NOTE: STAR Center still recommends all members who are employed on ECDIS equipped vessels complete a USCG approved ECDIS course as soon as practical to meet potential port state control and any vetting or charterer requirements.
The policy letter provides an indication the USCG will require the following training as part of its final rule. All AMO members and applicants should continue to monitor Currents and STAR Center information - updates will be provided as additional information or requirements become available.
U.S. Coast Guard publishes policy guidance to clarify 2010 amendments to STCW
The U.S. Coast Guard has not yet published its final rule to implement the 2010 amendments to the Standards of Training, Certification and Watchkeeping (STCW). The USCG has, however, published three policy letters pertaining to the 2010 STCW amendments "providing guidance to vessels and mariners" subject to the STCW Convention and Code. These policy letters represent the USCG's current thinking on the subjects addressed, and as such, provide an indication of regulatory language that may be contained in the USCG final rule, when it is published in the future.
All American Maritime Officers members sailing on vessels subject to the STCW should read and become familiar with the provisions and guidelines detailed in these policy letters and take appropriate actions to adhere to them.
Each of the policy letters clarifies: "This guidance is not a substitute for applicable legal requirements, nor is it itself a regulation. It is not intended to nor does it impose legally binding requirements on any party." Although the regulatory language in the policy letters cannot be enforced as law, the USCG will enforce any regulations contained in its final rule on the 2010 STCW amendments, when it is published in the future.
The 2010 STCW amendments entered into force Jan. 1, 2012. While the USCG will begin enforcing these guidelines once its final rule is published in the future, other port state authorities may enforce these provisions now during port state control inspections in foreign ports.
The policy letters provide guidance on: the hours-of-rest requirements of the 2010 STCW amendments, issuance of endorsements and approval of training for vessel personnel with designated security duties and those requiring security awareness training, and approval of other training and endorsements to meet the requirements of the 2010 amendments to the STCW Convention and Code.
The following is a summary of the three policy letters. Links to each policy letter and to the U.S. Coast Guard's notice in the Federal Register are available on the National Maritime Center website.
CG-CVC Policy Letter No.12-05 - Hours of Rest
Because many U.S. mariners sail on international voyages, the USCG has provided guidance on the hours of rest regulations for mariners sailing internationally who may be subject to port state control inspections where these regulations may be enforced. The USCG will enforce these guidelines once its final rule is published; however, other port states may enforce these provisions in the interim.
This policy letter provides a concise summary of STCW, CFR and U.S. Code work/rest-hour regulations.
Specifically, the policy letter states, in accordance with the 2010 amendments to the STCW Convention and Code, section AVIII/ 1, the following minimum hours of rest requirements should be implemented onboard vessels subject to STCW:
(1) Every person assigned duty as officer in charge of a navigational or engineering watch, or duty as a ratings forming part of a navigational or engineering watch, or designated safety, prevention of pollution, and security duties onboard any vessel that operates beyond the boundary line, as described in 46 CFR Part 7, should receive:
(i) a minimum of 10 hours of rest in any 24-hour period; [46 CFR 15.1111(a)], and
(ii) 77 hours of rest in any 7-day period. [STCW A-VIII/1.2.2].
(2) The hours of rest, required under paragraph (c)(1), may be divided into no more than two periods in any 24-hour period, one of which should be at least 6 hours in length, 46 CFR 15.1111(b), and the interval between consecutive periods of rest should not exceed 14 hours. [STCW A-VIII/1.3.]
(3) The requirements of paragraphs (c)(1) and (c)(2) need not be maintained in the case of an emergency or drill or in other overriding operational conditions, [46 CFR 15.1111(c)]. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, should be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. [STCW AVIII/1.4].
(4) The minimum period of rest required under paragraph (c)(1) may not be devoted to watchkeeping or other duties, [46 CFR 15.1111(e)].
(5) Watchkeeping personnel remain subject to the work-hour limits in 46 U.S.C. 8104 and to the conditions when crew members may be required to work, [46 CFR 15.1111(f)].
(6) The master shall post watch schedules where they are easily accessible. They must cover each affected member of the crew and must take into account the rest requirements of this section as well as port rotations and changes in the vessel's itinerary, [46 CFR15.1111(g)]. The schedules should be established in a standardized format in the working language or languages of the ship and in English. [STCW A-VIII/1.5].
(7) Records of daily hours of rest should be maintained onboard the vessel. Each affected person should receive a copy of the records pertaining to them, which should be endorsed by the master or by a person authorized by the master and by the seafarer. [STCW A-VIII/1.7].
(8) For every seafarer on call, such as when a machinery space is unattended, the seafarer should have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. [STCW A-VIII/1.6].
(9) The master of the vessel may suspend the schedule of hours of rest and require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons onboard, or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. As soon as practicable after the situation has been restored, the master should ensure that any seafarer who has performed work in a scheduled rest period is provided with an adequate period of rest. [STCW A-VIII/1.8].
(10) In exceptional circumstances, the master may authorize exceptions from the hours of rest required under paragraph (c)(1)(ii) provided that the rest period is not less than 70 hours in any 7-day period. These exceptions should meet the following additional requirements: (1) exceptions should not extend beyond two 24-hour periods in any 7-day period; (2) exceptions should not extend for more than two consecutive weeks; and, (3) the intervals between two periods of exceptions should not be less than twice the duration of the exception. [STCW A-VIII/1.9].
The policy letter also provides record keeping guidance, and states owners/operators are encouraged to utilize the "Model Format for Records of Hours of Work or Hours of Rest of Seafarers" developed by the ILO and the IMO, which is included as Enclosure (1) to the policy letter.
CG-CVC Policy Letter No.12-06 - Endorsements as Vessel Personnel with Designated Security Duties and for Security Awareness
This policy letter outlines new security training and endorsement requirements for ALL vessel personnel.
To date, all vessel personnel required onboard security briefings and training in their specific security duties. Also, only the vessel security officer (VSO) or those endorsed as VSO required formal USCG approved/accepted VSO security training and STCW endorsement to their credential. This policy letter establishes two new categories of training and endorsement for onboard security. Vessel personnel with designated security duties (VPDSD) and vessel personnel requiring security awareness training.
As of Jan. 1, 2012, STCW requires that certain seafarers hold endorsements as: (1) vessel personnel with designated security duties (VPDSD); or, (2) evidencing security-awareness training if the mariner is assigned security duties. To date, the USCG only provided STCW endorsement for vessel security officer (VSO). Now, all mariners must have an STCW security endorsement commensurate with their duties.
In line with the provisions contained within the STCW, this policy implies that all mariners must obtain this endorsement by Jan. 1, 2014.
On a positive note, the policy letter contains grandfathering provisions for obtaining these endorsements for those who have served as VPDSD in the past.
The security training requirements in the STCW were developed as a progression where "security awareness" is the lowest level of training and "vessel security officer" demands the highest level of training. Under this progression, VSO training meets the requirements for VPDSD, and VPDSD meets the requirements for security awareness. Therefore, for example, mariners who completed VSO training would be eligible for any position with a training requirement at the VSO level or lower. A mariner who meets the requirements for a "superior" endorsement will have their MMC endorsed for the superior endorsement as well as subordinate endorsements.
All officers (deck and engine) generally have specific security duties onboard per the vessel security plan and related procedures. Based upon the information provided in this policy letter, in order to prevent issues during port state control boardings and inspections, STAR Center recommends every member have his or her MMC endorsed as VPDSD (or VSO if qualified) BEFORE Jan. 1, 2014.
In order to obtain the VSO (superior endorsement), you must have taken a USCG approved or accepted VSO training course. STAR Center's VSO course meets this requirement.
STCW endorsements as VPDSD will be issued to those who apply to the USCG for an STCW endorsement as VPDSD and provide documentary evidence of having met the requirements found in 33 CFR 104.220. ALTERNATIVELY, mariners who commenced sea service prior to Jan. 1, 2012 may apply for the VPDSD by providing documentation attesting to one of the following:
A) Seagoing service with designated security duties for a period of six months in the preceding three years (designated security duties may include, but are not limited to, duties specified in the vessel security plan). NOTE: STAR Center recommends all members who have not taken the VSO training and who otherwise do not require VSO endorsement take advantage of this grandfathering clause by obtaining the VPDSD endorsement with documentary evidence of this provision.
B) Performance of security functions considered to be equivalent in scope to shipboard designated security duties, for a period of six months in the preceding three years; or
C) Successful completion of a USCG accepted or approved course.
Documentary evidence may include, but is not limited to, a certificate or letter signed by a company official.
STAR Center further recommends that if an individual does not meet any of the above grandfathering provisions, they should take STAR Center's VSO course and obtain the superior VSO security endorsement.
CG-CVC Policy Letter No. 12-07 - Guidance on Issuance of Endorsements and Approval of Training to Meet 2010 Amendments to STCW
The purpose of this policy is to establish and provide guidance on how the USCG intends to implement the provisions of STCW 2010 in 46 CFR with regard to issuing endorsements and certain required training.
The policy letter specifically lists several new endorsements and training areas. The following summary is by no means all-inclusive, but attempts to inform members of the most significant issues and what to expect in the future.
"Able seafarer-deck" and "able seafarer-engine" are two new STCW endorsements the USCG will be issuing. These endorsements correspond to the U.S. domestic ratings of able seafarer and qualified member of the engine department (QMED). The policy letter outlines what is required to obtain these new STCW endorsements. For the most, part these new endorsements do not pertain to the AMO membership.
Tankerman Endorsements: The policy letter provides clear statements that the USCG will continue with its current policy to provide the STCW endorsements to individuals who meet the current domestic tankerman regulations in 46 CFR Part 13. According to the policy letter, the USCG does not intend to change the verbiage in 46 CFR Part 13. Based upon this, STAR Center does not feel this section contains significant changes to current tankerman regulations policy and practices for tank vessels and persons working on them.
ECDIS: The policy states that ECDIS requirements are met by completing a USCG approved or accepted course. There is no time limit on when the course must be completed, and courses approved prior to the 2010 amendments and this policy will meet this requirement. Based upon this statement in the policy, any who took STAR Center's USCG approved ECDIS course back to its inception should satisfy this USCG requirement.
Anyone who has not completed a USCG approved ECDIS course at the appropriate level will have the following limitation placed on their STCW endorsement: "Not valid on ECDIS equipped vessels after December 31, 2016." NOTE: STAR Center still recommends all members who are employed on ECDIS equipped vessels complete a USCG approved ECDIS course as soon as practical to meet potential port state control and any vetting or charterer requirements.
The policy letter provides an indication the USCG will require the following training as part of its final rule. All AMO members and applicants should continue to monitor Currents and STAR Center information - updates will be provided as additional information or requirements become available.
- Leadership and Teamworking Skills: This is a requirement of STCW 2010 at the OICNW and OICEW level. STAR Center will provide additional information as it becomes known.
- Leadership and Managerial Skills: This is a requirement of STCW 2010 at the master, chief mate, chief engineer and first assistant engineer (second engineering officer) level.
- Engine Room Resource Management: This is a requirement of STCW 2010 for engineering officer endorsements.
- Basic Safety Training Renewal
- Proficiency in Survival Craft Renewal
- Proficiency in Fast Rescue Boat Renewal
- Advanced Fire Fighting Renewal