Presentation to Master of Kraslava. Courtesy Lloyd's Register

Lloyd’s Register has issued the first ILO Maritime Labour Convention (MLC 2006) certificate of compliance “pre-convention”, or ahead of entry into force, to Marshall Islands-flagged tanker Kraslava, operated by the Riga-based LSC Shipmanagement SIA.

The Marshall Islands was the first to help the ships in its registry to undergo the inspection process by completing part one of the Declaration of Maritime Labour Compliance process. Following an on-board inspection in Amsterdam, the MLC certificate was awarded on December 22 to the master of Kraslava.

The Maritime Labour Convention 2006 (MLC 2006) requirements will apply to all ships which trade internatnionally, replacing 40 existing conventions and 29 regulations, and will provide seafarers with fair terms of employment and guarantee them safe, secure and decent living and working conditions on board ship. Shipowners will benefit from having a clear, consistent set of standards with which all must comply.

Ratification of the convention is expected by the middle of this year, paving the way for entry into force by mid-2012.

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 notice appears in the September 27, 2010 Federal Register (75 FR 59281) and can be downloaded at: http://edocket.access.gpo.gov/2010/pdf/2010-24154.pdf

In particular, the Coast Guard is interested in receiving comments on 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?

Directions for submitting comments to the docket are described in the notice, and be sure to let us know by commnenting below or in the gCaptain forum HERE.

The new regulation adds MDMA ­ known on the street as Ecstasy ­ to the list of drugs screened for in DOT mandated drug tests. For initial tests, the agency lowered the cutoff levels for detecting the presence of cocaine and amphetamines, and heroin was added to the list. Initial tests are the first tests done on samples. If a sample shows positive results for illegal drugs, it is then put through a confirmation test.

Drugs that will be screened for once the regulation goes into effect include:

Marijuana

Cocaine

Opiate metabolites of codeine and/or morphine

6-Acetylmorphine, which is heroin

Phencyclidine, commonly referred to as PCP

Amphetamines of AMP and/or MAMP, such as speed

MDMA, street name Ecstasy

For more on the final rule, CLICK HERE for the U.S. Department of Transportation Office of Drug & Alcohol Policy & Compliance.

Effective as of July 12, an important and controversial statutory exemption expired, opening doors for U.S. mariners to take back multiple positions formerly held by foreign officers on U.S. Flagged Purse Seiners.  The exemption, set forth in Section 421 of the USCG Maritime Transportation Act of 2006, allowed the use of foreign officers (except for the Master) to meet standard manning requirements on U.S. flagged purse seine vessels.  Captain Doug Pine tells us more in the gCaptain forum:

Beginning July 12, 2010, the Coast Guard will enforce the manning requirements of 46 United States Code 8104, as implemented by 46 Code of Federal Regulations Part 15 – Manning Requirements. Vessels 200 gross tons and over, are required to have a U. S. licensed master, a U.S. licensed mate in charge of the maneuvering and navigation watch, and if an individual is employed to perform chief engineer duties, that individual must have an appropriate U.S. license authorizing service as a chief engineer.

Recently, there has been a lot of good discussion about whether or not you would work on a US Flagged seiner vessel employing mostly foreign officers in the gCaptain forum, and it seems the the expiration of this exemption is going to be a welcomed one for U.S. Mariners looking for work.

Down THIS PDF for more details from the USCG.

Editorial Note: Being actively sailing mariners, the editorial team at gCaptain is concerned by recent changes to US Coast Guard policy on the licensing of mariners. We feel this is a topic of importance to mariners worldwide but questioned our ability to write on this issue objectively so we sent a note to someone we trust; Joe Keefe of The Maritime Executive. This article is reprinted with his permission.

Charlotte, NC: When you are trying to re-qualify your marine license as your 50th birthday looms large in the Radar hood, it doesn’t hurt to improve your cardiovascular footprint in preparation for the impending physical examination. Accordingly, I was going to go for a quick run this afternoon at my favorite Municipal Park, but all of our service stations are out of Gasoline today. Note: If anyone can help the Colonial Pipeline get primed up with some much needed RNL for the mid-southeastern corridor, everyone in Western North Carolina will really appreciate it. In any event, and in the absence of wheels to get me to a softer running medium, I said, “What the heck: I’ll just get rolling on this week’s column.” And, so I did.

On Monday, the Coast Guard’s National Maritime Center’s (NMC) July 2008 one-page TWIC Alert arrived in the mail. Immediately following that, NAVIGATION and VESSEL INSPECTION NAVIC NO. 04-08 hit the WEB. The contents of both documents gave my ongoing effort to qualify as a true-blue STCW mariner new urgency, as well as a little bit of dread. After all, I had no idea that the TWIC thing would kick in until I actually had gotten my license into compliance. Beyond this, the Coast Guard NAVIC contains no less than seven documents and countless pages of supporting information. So, and at the risk of offending the greener side of our readers, I downloaded and printed every single one of the latter documents. To my defense, I didn’t realize that the section entitled “MEDICAL CONDITIONS SUBJECT TO FURTHER REVIEW” was 32 pages long. The entire printout has – and I am not making this up – decimated an entire hardwood forest in the Pisgah National Wildlife Area.

This is a good time, in the interests of full disclosure, for me to come clean about my medical history. In 1984, I was discharged (READ: removed) early from a chemical tanker in Beaumont, Texas, after a particularly painful two day run from Tampa. This involved a two day stay at MidJeff County Memorial Hospital in Beaumont, where they decided (after a thorough kidney scan and determining that the seaman patient was NOT afflicted with a social disease) that I had a kidney stone. Not knowing what else to do (apparently), they bought me (and I am absolutely not making this up) a twelve-pack of LITE beer and gave me a cup with a screen with which I was to produce evidence of the calcification. Eventually, my roommates arrived and whisked me back to Houston. A happy ending.

The TWIC thing is a little more troubling; certainly it is more immediate. I also confess to not having actually formally applied for my STCW ticket yet. With a full time job, I fit the courses in as I can, but I am making progress. It is my intention to do the Bridge Resource Management (BRM) and the Vessel Security Officer (VSO) refresher course in November; back-to-back. This will augment my new BST and Crowd Management endorsements and, with a little luck, I’ll fit it all in before the Azaleas bloom at Augusta. I had better, since the TWIC requirement has thankfully been extended to April 15th. The good news is that I am still in “continuity” status, hence it does not become an issue, apparently, until I have all of my STCW certifications.” Remember, failure to get the TWIC card, with or without the STCW endorsement will – and I quote here, “Result in the suspension or revocation of your mariner credentials.” Not much more to say about that.

In all, the new medical rules contain 65+ pages that detail the myriad of ways that any mariner can be disqualified from sea service. The document is staggering in its complexity, confusing in its terminology, and likely to further exacerbate the chronic shortage of mariners in the domestic, Jones Act markets. What it does not do, however, is also regulate the worldwide mariner population which dwarfs the U.S. workforce that it hopes to police. And, while no one doubts the importance of this type of effort – especially in the wake of the COSCO BUSAN debacle – the implications of the latest Coast Guard NAVIC threaten to eclipse the advent of STCW as a driving force in the elimination of American mariners from the global seagoing workforce.

On page 2 of the main document, the NAVIC (04-08) states (4d.) that “The Coast Guard recognizes the need for qualified mariners and the potential shortage of mariners in the U.S. and worldwide. The NAVIC should not result in higher rates of disqualification for service, or in increased processing time for credential applications with physical and/or medical issues.” I’m not so sure about that, quite frankly. In an age where the criminalization of mariners seems to be the rule, rather than the exception, I find myself poring through the labyrinth of medical requirements and rules in search of a place where I might drop the ball. Will someone level charges against me if I do? And, what if I do so honestly, but without malice?

I have, then, gone through all 201 “Medical conditions subject to further review.” There’s good news and bad news: In the “EYES, GENERAL” section, I didn’t find anything particularly troubling. However, this mariner who used to be able to read road signs before other people could even see them now has to wear drugstore glasses in order to digest 8 point pica text. Section 107 (GENITAL, URINARY SYSTEM): tune out here if you are at all squeamish. Yes, I endured a cystoscopy at 34. Beyond that, you’ll have to torture me for more information. Section 115: Nope, no history of gender reassignment (I’m not really sure what means, though). Section 186: I had one glass of wine; my wife drank the rest of it. That’s my story and I’m sticking to it. OKAY: I’ve read the entire “Medical Conditions” section twice, start-to-finish; I think that’s it.

My drive towards STCW compliance continues and I have absolutely no doubt that I will succeed. And, when it is all said and done, I will then pursue a seagoing berth, preferably on one of those car carriers with the squash courts. Don’t get me wrong; I loved my three-plus years on the chemical carrier, but you gotta keep active, especially with NAVIC 04-08 lurking about.

This week’s flurry of heightened awareness in terms of what it’s going to take to qualify has given me real pause. But, that’s not the half of it. More than one mariner over the age of 50 who has already done exactly what I am trying to accomplish has told me that their biggest challenge had nothing to do with getting qualified. Instead, the effort to get shipping companies to hire the older mariner was far more difficult. In a world where qualified mariners are supposedly at a premium, that’s just wrong. And, it is a waste of experience and talent.

We live in a world where maritime academies are producing fewer and fewer mariners. This, exacerbated by the new medical standards and the rush to obtain a TWIC Card from a less-than-reliable source (whose deadline seems to be a moving target), is also ensuring that the problem of recruiting and retaining qualified mariners is only going to get worse in the short term. All of which reminds me: my NC driver’s license also expires in about two weeks. And, I think there’s some sort of test involved. * Sigh * – MarEx.

Joseph Keefe is the Managing Editor of THE MARITIME EXECUTIVE. He can be reached with comments or questions on this article or any other aspect of this e-newsletter at jkeefe@maritime-executive.com. This article was originally published via The Maritime Executive Newsletter. Free subscriptions to the newsletter can be found here.

A federal grand jury has returned an indictment charging John Joseph Cota, a U.S. Coast Guard and California licensed ship pilot, with making false statements to the Coast Guard concerning his medications and medical conditions in 2006 and 2007. The false statements arose from annual physical examinations that pilots are required to complete every year to maintain their pilot’s license.

Cota, who was the pilot of the Cosco Busan, was previously charged with negligently causing the discharge of approximately 50,000 gallons of oil in San Francisco Bay from the 65,131-ton container ship when he caused the ship to collide with the San Francisco Bay Bridge on Nov. 7, 2007.

The grand jury’s indictment supersedes and includes charges brought previously by a criminal information that charged Cota with violating the Clean Water Act (CWA), as amended by the Oil Spill Act of 1990, and the Migratory Bird Treaty Act by causing the death of protected species of migratory birds.

The full post is here.

Those with medical concerns at sea should also check Global Rescue’s Medical Extraction Insurance for Mariners

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This post was written by Richard Rodriguez, Rescue Tug Captain, and US Coast Guard approved instructor for License Training. You can read more of his articles at the BitterEnd of the net.

In an unusual turn of events the TSA (United States’ Transportation Security Agency) has launched a blog! While the review on NPR‘s show “On The Media” was positive, with the agency reportedly solving problems identified by readers, you have to wonder about the name, “Evolution Of Security“, and the bloggers themselves. You can find the blogger profiles HERE but the following is an example;

Ethel
Hi! My name is Ethel and I’m from Wisconsin. I like music, I love ice cream, and I adore weird facts: Did you know that elephants can smell water from as far away as three miles? I joined the TSA about a year ago – prior to that I attended MIT where I earned degrees in Biology, Computer Science and Electrical Engineering, and had the amazing opportunity to work on projects like designing artificial gravity systems for NASA.

Noticeably missing is a total lack of coverage about issues related to TWIC - the Transortation Worker’s Identification card. We have also failed to find any discussion related to Maritime Affairs.

We only have two questions… When will the NMC or MARAD launch a blog? Will they be responsive to reader comments?

Related Links:

• Evolution Of Security Blog
• Maritime Licensing Blog
• NYTimes Review

At this early stage, just one thing is perfectly clear: the Cosco Busan allision will ultimately help to redefine the role of, and the liabilities facing marine pilots in the United States today. One of the most primary questions asked of any deck cadet at any maritime academy is: What is the role of the pilot? And, the answer, of course, is (c.), “the pilot provides guidance to, but is not in charge of the vessel.” That tenet has been upheld in many venues, for many, many years. In reality, however, the typical marine pilot who guides a vessel in from the sea buoy to the dock is in complete control of that vessel on the inbound leg. He or she better be, because often the captain of a particular vessel may have never transited that restricted waterway.

This is just an excerpt of Keefe’s well written article, you can continue reading HERE.

This morning Senator Barbra Boxer and Representative Nacy Pelosi, Speaker of the House, announced a bill giving the U.S. Coast Guard broader authority to direct the actions of ship masters in navigating inland waters. The San Francisco Chronicle tells us;

The Coast Guard would gain new authority to order ships to reduce speed or shift course during emergencies or hazardous conditions under new legislation that California Sen. Barbara Boxer is introducing this week.

The bill could increase the responsibilities of the Coast Guard’s Vessel Traffic Service, which helps guide ships in U.S. harbors. The measure would give it powers akin to those of air traffic controllers, who issue step-by-step directions to airplane pilots.

…

Boxer, a Democrat, said she believes the spill could have been prevented if the Coast Guard had ordered the ship to slow down or change course.

“I absolutely think it would have” prevented the spill, Boxer said. “Let’s say the conditions were fierce – and they were – (the Vessel Traffic Service) would have declared an emergency, and they would have taken over in guiding this ship.” Continue Reading….

Regular readers of this bog already know my personal thoughts on the subject. In last week’s editorial, I wrote;

The problem with maritime incidents is the fix rarely address the true cause and often creates problems that contribute to future incidents.

…

Current technology is simply not capable of delivering real time tracking. Also, final say remains the responsibility of a ship’s captain because he is the one who knows the ship’s capabilities, it’s crew and he is stationed on the bridge. He is also the last one to abandon if the ship finds danger… and he knows it.

If the Coast Guard wants final say then they need to be aboard the vessel and if that happens they will be hard pressed to fill the position with anyone more qualified than the competent and experienced San Francisco Pilots.

My comments resulted in 5 emails, 2 phone calls and a, well written, personal response by our friend Bob Couttie of the Maritime Accident Casebook. Bob wrote;

MAC’s own informal think-tank of veteran master mariners, who aren’t tanked up when they think, finds the proposal less objectionable, the authority of the master will remain in force much as it does now, in their view. Continue Reading…

This comment cause me to invest more than a few hours in nocturnal contemplation. Had I overestimated the potential outcome of the Coast Guard’s overtly defensive and seemingly irrational stance or has Bob’s geographic location far away from our shores disconnected him from the current state of American politics?

Provided the Chronicle has accurately conveyed Senator Boxer and Representative Pelosi’s intent, gCaptain reader ACI’s comment most accurately portrays the sentiment of our master mariner think tank;

Keep on putting more constrains to the shipping business with your new ridiculous American fear to everything and we will end up with no business at all. I know of captains that are refusing to sail to your country.

I really loved the times when the US was leading the world towards modernity, now it seems you are too scared.

The likely impetus for drafting legislation that puts us in the ironic position of being more likely to have a future incident is the demand for quick answers. For this reason I can not form a personal opinion as to maritime pilot John Cota’s culpability, at least not until the NTSB report is published. I can, however, give an industry insider’s opinion on the safety of current operations in the bay… so I wish to reiterate my personal feelings that both the San Fransisco Bar pilots and local VTS operators are among the most capable and well trained in the world. This, coupled with the fact US Coast Guard and State pilot officials have not asked for these changes, is worrisome.

Regardless of the headlines Pelosi’s bill does contain some element of potential good. The Chronicle writes;

Boxer’s bill would authorize $20 million to upgrade the technology used by the Vessel Traffic Service. The measure also would require all pilots to have their own navigational laptop computers. Cota has said he was unfamiliar with the ship’s electronic charts. Many pilots bring their own laptops on board to make sure they have reliable navigational charts to steer the ship.

The state pilot commission suspended Cota’s license on Friday. Cota’s attorney, John Meadows, has said his client was given “wrong information” by the ship’s captain, Mao Cai Sun.

History has proven that safe operations in the bay are possible without advanced electronics and I will not be surprised if the NTSB’s report places some degree of blame on the rapid integration of new technology on the bridge, a problem only made worse by already burdensome training requirements. This, however, does not mean we can ignore technological improvements.

For an intelligent discussion of the topic I’ll point you to audio from Captain Kelly Sweeney’s recent interview with NPR (CLICK HERE). Boiled down he states that we as mariners love AIS, ECDIS and other technology that keep us safe but improvements (most notably in implementation and redundancy) are needed.

But I’m still an optimist. When this discussion fades into memory we may find Pelosi’s large investment propelled interesting technological improvements while our worries were mitigated by the level headed watchmen of VTS.

*We’d love to head your thoughts! Click here and leave a comment (bottom of page) or contact us with your message.

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John Konrad is a USCG licensed Master Mariner of Unlimited Tonnage. Since graduating from SUNY Maritime College he has sailed 4 of the world’s oceans and reports from his ship via satellite. John lives in Morro Bay, CA with his wife Cindy and son Jack.

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VTS Links;

• Real Time AIS data from SF Bay
• San Francisco VTS Historic Timeline
• Official USCG VTS Homepage
• San Francisco VTS Homepage
• VTS San Francisco User’s Manual
• AIS FAQ
• VTS San Francisco User’s Manual
• Marine Safety Manual – Vessel Traffic Management

I am pleased to report a significant amount of positive feedback from mariners when discussing new MARAD (Maritime Administration) initiatives. In addition to being on the forefront of new LNG programs they are aggressively pursuing new ways of providing job opportunities for U.S. Mariners and, the *word on the street* is they are even working with the IRS to protect our interests with regards to the Sailor Tax Deduction Debacle.

One of the programs that gets too little attention is the Marine Highway Initiative. What is the program nicknamed “American’s Marine Highway” all about. Maritime Administrator, Sean T. Connaughton tells us;

Our marine highways are a cost effective, yet under utilized, method for the movement of passengers, containers, and bulk cargoes that is especially fuel efficient, safe, and reliable.

Accelerated use of the waterborne transportation mode holds forth a special promise for tomorrow in; reducing traffic congestion, enhancing freight flow, expanding freight capacity, and providing a new pathway for hazardous materials.

Maybe it’s because MARAD touts advantageous like “new pathway for hazardous materials” over headline grabbing sound bites that key into popular culture (how about “America’s Green Highway – Moving Cargo While Reducing Greenhouse Gas”) but the program contains major benefits for industry, consumers and the environment.

Despite a long line of marketing errors they might finally be on the right track with the attractive logo seen below and a new video that makes you ask; Why haven’t we been doing this all along?