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Thread: Recognition of Foreign Certificates Under the International Convention

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    mariner173 is offline gCaptain Crew
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    Default Recognition of Foreign Certificates Under the International Convention

    Thanks to MEBA folks for bring this issue to my attention and hopefully this will spread the word to get some opposition to the issue! From their blog http://coffeetime.forumcircle.com/viewtopic.php?t=510

    and quoted below:

    "
    The comment period closes 10/27/2010. I'm against any foreign officers on any US flagged ships. I'm guessing the maritime academies would object as well.

    http://edocket.access.gpo.gov/2010/pdf/2010-24154.pdf

    DEPARTMENT OF HOMELAND SECURITY
    Coast Guard [Docket No. USCG–2010–0797]

    Recognition of Foreign Certificates Under the International Convention on
    Standards of Training, Certification and Watchkeeping for Seafarers, 1978,
    as Amended, Regulation I/10 AGENCY: Coast Guard, DHS.
    ACTION: Notice and request for comments.
    SUMMARY: Regulation I/10 of the International Convention on Standards
    of Training, Certification and Watchkeeping for Seafarers, 1978, as
    amended, (STCW) requires Parties to the Convention to establish procedures to
    recognize STCW certificates issued by or under the authority of another Party.
    In order to start this process, the Coast Guard is developing a policy regarding
    the United States’ recognition of foreign certificates held by foreign maritime
    officers who may be employed on some United States flag vessels. The Coast
    Guard is soliciting comments from mariners, industry, and the public to
    assist in development of this policy. The Coast Guard is particularly interested in
    identifying which United States flag vessels employ foreign citizens, the
    nationalities of these mariners, and the countries that issue their STCW
    certificates.
    DATES: Comments and related material must either be submitted to our online
    docket via http://www.regulations.gov on or before October 27, 2010 or reach
    the Docket Management Facility by that date.
    ADDRESSES: You may submit comments identified by docket number USCG
    2010–0797 using any one of the following methods:
    (1) Federal eRulemaking Portal:
    http://www.regulations.gov.
    (2) Fax: 202–493–2251.
    (3) Mail: Docket Management Facility
    (M–30), U.S. Department of
    Transportation, West Building Ground
    Floor, Room W12–140, 1200 New Jersey
    Avenue, SE., Washington,
    DC 20590–0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and
    5 p.m., Monday through Friday, except Federal holidays. The telephone number
    is 202–366–9329.
    To avoid duplication, please use only
    one of these four methods. See the
    ‘‘Public Participation and Request for
    Comments’’ portion of the
    SUPPLEMENTARY INFORMATION section below for instructions on submitting
    comments.
    FOR FURTHER INFORMATION CONTACT: If you have questions about this notice,
    call or e-mail Luke B. Harden, Mariner Credentialing Program Policy Division
    (CG–5434), U.S. Coast Guard; telephone 202–372–1206, e-mail
    Luke.B.Harden@uscg.mil. If you have questions on viewing material in the
    docket, call Renee V. Wright, Program Manager, Docket Operations, telephone
    202–366–9826.
    SUPPLEMENTARY INFORMATION:
    Public Participation and Request for Comments
    We encourage you to submit comments and related material on the
    development of a policy regarding the recognition of foreign International
    Convention on Standards of Training, Certification and Watchkeeping for
    Seafarers, 1978, as amended (STCW) certificates held by foreign mariners
    who may be employed on United States flag vessels. All comments received will
    be posted, without change, to http://www.regulations.gov and will include
    any personal information you have provided.
    Submitting comments: If you submit a comment, please include the docket
    number for this notice (USCG–2010–0797) and provide a reason for each
    suggestion or recommendation. You may submit your comments and
    material online, or by fax, mail or hand delivery, but please use only one of
    these means. We recommend that you include your name and a mailing
    address, an e-mail address, or a telephone number in the body of your
    document so that we can contact you if we have questions regarding your
    submission.
    To submit your comment online, go to http://www.regulations.gov, click on the
    ‘‘submit a comment’’ box, which will then become highlighted in blue. In the
    ‘‘Document Type’’ drop down menu select ‘‘Notices’’ and insert ‘‘USCG
    2010–0797’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape
    in the ‘‘Actions’’ column. If you submit your comments by mail or hand
    delivery, submit them in an unbound format, no larger than 8c by 11 inches,
    suitable for copying and electronic filing. If you submit them by mail and
    would like to know that they reached the Facility, please enclose a stamped,
    self-addressed postcard or envelope. We will consider all comments and material
    received during the comment period. Viewing the comments: To view the
    comments, go to http://www.regulations.gov, click on the ‘‘read
    comments’’ box, which will then become highlighted in blue. In the
    ‘‘Keyword’’ box insert ‘‘USCG–2010–0797’’ and click ‘‘Search.’’ Click the
    ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. If you do not have access to the
    Internet, you may view the docket online by visiting the Docket
    Management Facility in Room W12–140
    on the ground floor of the Department
    of Transportation West Building, 1200
    New Jersey Avenue, SE., Washington,
    DC 20590, between 9 a.m. and 5 p.m.,
    Monday through Friday, except Federal
    VerDate Mar<15>2010 17:01 Sep 24, 2010 Jkt 220001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\27SEN1.SGM 27SEN1 srobinson on DSKHWCL6B1PROD with NOTICES
    59282 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Notices
    holidays. We have an agreement with
    the Department of Transportation to use
    the Docket Management Facility.
    Privacy Act: Anyone can search the
    electronic form of comments received
    into any of our dockets by the name of
    the individual submitting the comment
    (or signing the comment, if submitted
    on behalf of an association, business,
    labor union, etc.). You may review a
    Privacy Act system of records notice
    regarding our public dockets in the
    January 17, 2008, issue of the Federal
    Register (73 FR 3316).
    Background and Purpose
    STCW requirements: Regulation I/10
    of the STCW requires Parties to the
    Convention to establish procedures to
    recognize certificates issued to maritime
    officers by or under the authority of
    another Party. STCW also requires the
    flag state of a vessel to ensure that all
    officers serving on board hold properly
    recognized and endorsed credentials.
    Citizenship waiver provisions within
    the United States Code: Title 46 of the
    United States Code (U.S.C.) allows the
    employment of foreign citizens aboard
    certain United States flag vessels.
    Specifically, 46 U.S.C. 8103(b)(3)
    establishes authority to waive the
    requirement for United States
    citizenship for:
    (A) An offshore supply vessel or other
    similarly engaged vessel of less than 1,600
    gross tons as measured under section 14502
    of this title, or an alternate tonnage measured
    under section 14302 of this title as prescribed
    by the Secretary under section 14104 of this
    title that operates from a foreign port;
    (B) A mobile offshore drilling unit or other
    vessel engaged in support of exploration,
    exploitation, or production of offshore
    mineral energy resources operating beyond
    the water above the outer Continental Shelf
    (as that term is defined in section 2(a) of the
    Outer Continental Shelf Lands Act (43 U.S.C.
    1331(a)); and
    (C) Any other vessel if the Secretary
    determines, after an investigation, that
    qualified seamen who are citizens of the
    United States are not available.
    Need for the policy: Recognition of
    seafarer competence certificates from
    other countries would ensure
    compliance with the STCW Convention
    requirements, be in accordance with the
    citizenship waiver requirements in 46
    U.S.C. 8103(b)(3), and help ensure that
    United States flagged vessels are not
    subject to detention in foreign ports due
    to allegations of improperly
    credentialed seafarers. It would also be
    done in anticipation of the regulatory
    changes that would be needed to bring
    the United States into compliance with
    the STCW requirements.
    The Proposed Policy
    Given this need, the Coast Guard is
    developing a policy to start establishing
    a process for the United States’
    recognition of foreign certificates held
    by foreign officers who may be
    employed on some United States flag
    vessels.
    The Coast Guard is beginning to
    develop policy guidance for
    arrangements between parties to STCW
    for recognition of certificates under
    STCW Regulation I/10. The policy
    would provide guidance for Coast Guard
    on how and when to recognize STCW
    certificates issued by other countries.
    The policy would also provide a list of
    which countries’ certificates may be
    recognized and the process used to
    determine that list.
    As part of this policy, we expect that
    once the United States is satisfied that
    a certificate-issuing country complies
    with the STCW Convention
    requirements concerning standards of
    competence, the issuing and
    endorsement of certificates, and record
    keeping, both countries could sign a
    written formal agreement establishing
    recognition of each country’s STCW
    certificates.
    The proposed policy could also offer
    guidance for mariners and/or vessel
    operators/employers with regard to
    applying for and obtaining a United
    States-issued endorsement of their
    foreign certificates.
    We welcome your comments on the
    above proposals. In particular, the Coast
    Guard is interested in the following
    information:
    1. Which United States flag vessels
    employ foreign citizens?
    2. What are the nationalities of foreign
    citizens working United States flag
    vessels?
    3. What countries issue STCW
    certificates for foreign citizens working
    United States flag vessels?
    We will review and analyze all
    comments received in order to develop
    the policy.
    Authority: We issue this notice of under
    the authority of 5 U.S.C. 552(a) and 46 U.S.C.
    8103(b)(3).
    Dated: September 1, 2010.
    Kevin S. Cook,
    Rear Admiral, U.S. Coast Guard, Director of
    Prevention Policy.
    [FR Doc. 2010–24154 Filed 9–24–10; 8:45 am]"

    AND

    "Dana,

    It doesn't surprise me that the Coast Guard is now looking to give our jobs away to the foreigners. In reality, I think the Coast Guard would be much happier if the American Seaman just plain went away for good.

    Now we can clearly see why the fall scheduled MERPAC meeting was cancelled. MERPAC would have climbed all over the Coast Guard if this would have come out at the scheduled meeting.

    The door to this got opened a few years ago due entirely to NCL and their US Flag Cruise ships in Hawaii. SIU couldn't supply the necessary steward's department labor for the ships, so NCL went to Congress looking for some relief and THEY GOT it.

    Check out: http://www.federalregister.gov/articles/2009/09/17/E9-22355/large-passenger-vessel-crew-requirements

    The provision to issue US credentials to foreigners was placed in the 2007 Defense Authorization Act.

    If you bother to read the above link, you will note that only 13 comments were made to the official record and 4 actually supported the action including SIU, the SIU lobby group the Transportation Institute, and NCL.

    MEBA NEVER BOTHERED TO MAKE ANY COMMENT to the record. - so much for VanLoo wanting to be a big shot in DC politics - No comment - I guess they as well as Davis were way too busy trying to get elected in 2007 to bother with this very important issue

    So, now where do we stand?

    1. NCL flagged out all the cruise ships except ONE (not much need for foreign stewards dept labor on large US flag passenger ships anymore)

    2. The Federal Law was changed (WITHOUT ANY OPPOSITION FROM MEBA) to allow foreign seaman to get their foot in the door.

    3. Our very own MEBA school IS NOW TRAINING NON-UNION FOREIGN (GREEK) ENGINEERS for RCL with the blessing of Keefe, VanLoo, Larry Young, and Tom Suneson. I've been at the school in August when the Greeks showed up in class. Just last week, another such class was held for the Greek RCL engineers. How many more of these "training our competition" classes have been held at CMES with the approval of the Keefe gang?

    4. Has our MEBA Officials made any comments to the docket? - time is running out and our jobs need to be protected.

    Everyone reading this Coffeetime post should be yelling and screaming bloody murder over this issue. Remember, the job you save may in fact be your very own.

    Given the experience and track records of Keefe, VanLoo, Larry Young, and Tom Suneson, we cannot depend upon this group to save our jobs - we must do it ourselves.

    Just like what happened earlier this year in Washington State with our WSF members, Keefe, VanLoo, Larry Young, and Tom Suneson have been caught sleeping on watch again.

    This issue would have never gotten to the public comment stage if MEBA had any real horsepower on Capitol Hill. Please make your own comments to the docket to save US jobs and then make sure you VOTE FOR THE MEBA UNITED TEAM who won't allow crap like this to come out of DC."


    I did not want to include the comments on elected officals but feel getting this topic started was important!

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    Default Re: Recognition of Foreign Certificates Under the International Convention

    Thanks mariner173 for bringing this issue back to the forefront where it needs to be kept. I urge you to go to

    Recognition of Foreign STCW Certificates

    where this subject was discussed previously at considerable length.

    Still plenty of time to comment on the current proposed rulemaking...JUST DO IT!
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    capitanahn (October 18th, 2010)

  4. #3
    mariner173 is offline gCaptain Crew
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    Default Re: Recognition of Foreign Certificates Under the International Convention

    I knew I had seen something on this before! Thanks for the link! I found this blurb from Bythewind on your link interesting:

    "Hallo America, welcome to the rest of the world... I live in Germany and we had this development already a few years ago. Not too long ago the captain and a certain number of officers and even crew had to be German national on German flagged ships. Then the companies started to flag out to such an extent that the German flag almost disappeared from the oceans and was only used for local vessels. So this rule weakened up to the necessity of only a German captain, certain officers from EU countries and everybody else from wherever. They also imposed that rule about proving that there are no Germans available, but this never worked out. In fact you could download a paper from the website of the job agency saying that there are no officers/captains/engineers registered as unemployed with them and that would do as proof. Then 2 years ago things got worse. Now there are no more Germans necessary on German flagged ships. Captain can be from any EU country, provided he speaks enough German to visit an 5 days course about German national law (the exam at the end of th course is in English...). The result is clear. Our ships are now full of Romanian, Polish, Bulgarian officers and captains.

    This is one side of the medal. The other side is that there are ships that need specialist crew which are not available in USA. E.g. big tall ships. Many of them are flagged out, because it is impossible to man them with an all-US crew. With only a handful countries actively training civil tall ship officers (e.g. Russia, Ukraine, Poland, Netherlands) the crewing must be global to provide safety on the vessels. The new rule could mean that more of such ships could operate under US flag again, rather than flying something colourful from the Caribbean.

    B. "

    Yikes! I know that some ships on long term charter to Military Sealift Command have had Filipino riding gangs aboard for years at this point. Sadly they are paid well below American minimum wages for their hard work and work one year contracts. MSC has also recently awarded the maintenance contract for their Navy lighterage to a company that hires Filipino workers which I doubt get the wage scale that was provided to the Americans that used to have the jobs. Imagine foreign workers servicing equipment that is supposed to be spashed and ready to enter battle for the US military. Think about that as you wait on some long security line at the airport and consider what a joke Homeland security really is when considering the "Big Picture"
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