Crew Size and Maritime Safety (1990) / Chapter Skim
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Appendix F: Vessel Manning: New Applications for Old Statutes
Appendix F: Vessel Manning: New Applications for Old Statutes
Pages 132-156
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From page 132... ...
§§ 8101-9308) , entitled "Manning of Vessels" and composed of Chapters 81, 83, 85, 87, 89, 91 and 93, provides Congress's mandate with respect to merchant vessel manning.
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From page 133... ...
. the licensed individuals, sailors, coal passers, firemen, oilers, and water tenders shall be divided, when at sea, into at least 3 watches, and shall be kept on duty successively to perform ordinary work incident to the operation and management of the vessel.
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From page 134... ...
The Coast Guard, however, in its regulations defines "sailors" as "those members of the deck department other than licensed officers, whose duties involve the mechanics of conducting the ship on its voyage, such as helmsman (wheelsman) , lookout, etc., and which are necessary to the maintenance of a continuous watch" 46 C.F.R.
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From page 135... ...
While the lower courts had been satisfied that the watch requirements of the law were met if qualified personnel were selected for quartermaster and lookout duties, the Supreme Court saw the issue as a matter of "equality" of the watches alone. It decreed that the 13 deck seamen had to be divided into equal watches, presumably 4, 4, 5.10 By quoting an earlier court of appeals decision, the Supreme Court silently construed the then extant statutory phrase, "ordinary work incident to the sailing and management of the vessel," as including capability in each watch to meet "all the exigencies of the intended route" and "any exigency that is likely to happen." The Court cited allegations that several marine disasters had been worsened by a shortage of able seamen or by incompetency of lifeboat handlers.
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From page 136... ...
Reportedly the union agreed that the licensed engineers would not be required to stand watches in return for a promise by the shipowner not to reduce their number below three.
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From page 137... ...
engaged to work alternately in the deck and engine departments; or (B) required to work in the engine department if engaged for deck department duty or required to work in the deck department if engaged for engine department duty.
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From page 138... ...
The performance of maintenance or work necessary to the vessel's safe operation on a daily basis does not in itself constitute the establishment of a watch. The minimal safe manning levels specified in a vessel's certificate of inspection take into consideration routine maintenance requirements and ability of the crew 1 7But note 46 U.S.C.
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From page 139... ...
§ 8104 and must be divided into successive watches and employed for the performance of ordinary work incident to the operation of the vessel. The letter goes on, however, to recognize: During the past decade, various labor saving devices and operational innovations have enabled navigational watches to be safely and effectively performed with _ — O fewer inAivirl'tnl~ The rer~entiv n''hli~hed rrevi.c~edl manning regulations recognize that the individual in command of a vessel has knowledge of all of the circumstances necessary to make a decision on the proper composition and conduct of the navigational and machinery space watches.
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From page 140... ...
Under 3 MSM § 21.C, "maintenancepersons may be identified by departmental affiliation (deck maintenanceperson, engine maintenancepersons or by no affiliation, in which case the master has the discretion to determine how to best utilize the person." Based on this language, the shipowner can retain flexibility by making clear that maintenancepersons are not affiliated with either the engine department or the deck department and that they are thus free to alternate between engine and deck duties. Literally, the eight-hour limitation in 46 U.S.C.
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From page 141... ...
First, frequent use of maintenance department personnel to perform nonmaintenance duties concerning ship operations would indicate that there are not enough seamen assigned to watches. Second, requiring maintenance department personnel routinely to work overtime would indicate that the manning level regardless of departmental organization is insufficient for performing routine maintenance.
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From page 142... ...
How should these and other factors affect the vessel manning calculus? The absence of clearly stated policy objectives is a major shortcoming, but it does not present as serious an obstacle to rational treatment of vessel manning issues as does the rigidity of the current watch-standing, work-hour and work-assignment restrictions.
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From page 143... ...
. As a result, the practical minimum manning under current law is approximately 17 a master, three licensed mates, four licensed engineers, six unlicensed deck seamen and three unlicensed engineers.
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From page 144... ...
And the Coast Guard, which has always been uncomfortable with the political aspects of its regulatory role, may resist a change that will increase its political role. In the end, however, there can be no doubt that the maritime industry would be well served by removing the current artificial impediments and giving the Coast Guard the discretion and flexibility needed to adopt more functional and rational vessel manning regulations.
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From page 145... ...
. [Tlhe licensed individuals, sailors, coal passers, firemen,
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From page 146... ...
engaged to work alternately in the deck and engine departments; or (B) required to work in the engine department if engaged for deck department duty or required to work in the deck department if engaged for engine department duty.
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From page 147... ...
(5) A freight vessel or a passenger vessel of at least 300 gross tons and propelled by machinery shall have a licensed engineer.
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From page 148... ...
65 percent of the deck crew (excluding licensed individuals) have merchant mariners' documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent on a vessel permitted under section 8104 of this title to maintain a 2-watch system.
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From page 149... ...
(b) A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulb as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
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From page 150... ...
(c) Inspected vessels are issued a certificate of inspection which indicates the minimum complement of licensed individuals and crew (including lifeboatmen)
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From page 151... ...
. establishes watches for the licensed individuals, sailors, coal passers, firemen, oilers and watertenders, the personnel shall be "divided, when at sea, into at least three watches and shall be kept on duty successively to perform ordinary work incident to the operation and management of the vessel." The Coast Guard interprets "sailors" to mean those members of the deck department other than licensed officers, whose duties involve the mechanics of conducting the vessel on its voyage, such as helmsman (wheelsman)
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From page 152... ...
(a) Each person in the required complement of licensed deck individuals on inspected vessels of 300 gross tons or over which are radar equipped, shall hold a valid endorsement as radar observer.
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From page 153... ...
However, if the owner, operator, agent, or master of an automated or partially automated vessel requests that the vessel's complement includes a deck engine mechanic or engineman, the COI will carry the requirement for "Oilers" and a notation that "junior engineers, deck engine mechanics,
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From page 154... ...
46 U.S.C. 8104 provides for the division of seagoing and Great Lakes merchant vessel crews into a minimum of three watches while at sea, with no more than 8 hours of work required in 1 day; for radiotelegraph operators, this requirement applies only when three or more radio officers are required.
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From page 155... ...
Maintenance personnel in the deck and engine departments generally are not included in a watch system. As there is no statutory requirement for titles of the crew's positions to be identical to those stated on the Certificate of Inspection (COI)
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From page 156... ...
14, 1988 re "Information Concerning Merchant Vessel Manning." Attached.
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