Page:United States Statutes at Large Volume 92 Part 2.djvu/208

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1488

PUBLIC LAW 95-474—OCT. 17, 1978 number of personnel certificated as tankerman, or equivalent, as may be required by the Sex;retary, when the vessel transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States; and such requirement shall be noted in applicable terminal operating procedures. No transfer operations may take place unless the crew member in charge is capable of clearly understanding instructions in English. "(C) The Secretary shall prescribe procedures, standards, and qualifications for the issuance of certificates or endorsements as tankerman, stating the kinds of oil or hazardous materials that can be handled with safety to the vessel and the marine environment. " (D) Certificates or endorsements as tankerman shall be subject to suspension and revocation on the same grounds and in the same manner as provided for under the provisions of section 4450 of the Revised Statutes of the United States, as amended (46 U.S.C.239).

English language comprehension requirement.

Verification,

" ( 1 1) P E R S O N N E L AND M A N N I N G STANDARDS FOR F o R E I G N VESSELS.

regulations and procedures.

^pj^g Secretary shall issue regulations and procedures for the verification of manning, training, qualification, and watchkeeping standards promulgated by the certificating state of any foreign vessel which operates on or enters the navigable waters of the United States, and transfers oil or hazardous materials in any port or place under the jurisdiction of the United States. Such regulations and procedures shall include, but need not be limited to, provisions relating to— "(A) the receipt through the Inter-Governmental Maritime Consultative Organization or from the certificating state of the ' English text of laws, decrees, orders, regulations, specimen licenses and certificates, and other pertinent documents pertaining to manning, training, qualification, and watchkeeping of seafarers; "(B) the publication and distribution of, or otherwise makjj^g available to the public and appropriate enforcement personnel, copies of materials received as provided for in paragraph

Public availabihty. •

(A);

Publication in Federal Register. ,,

"(C) the evaluation, at intervals of not less than five years, of each foreign state's system for licensing and certification of seafarers, including study course content and duration, examination requirements and prerequisites for licensing and certification, and related controls; "(D) determination, after the evaluation required by clause (C), of whether the foreign state, whose system for licensing and certification of seafarers was evaluated, has standards which are comparable to or more stringent than United States standards or international standards which are accepted by the United States; " (E) publication in the Federal Register of each determination made pursuant to clause (D), together with a brief explanation of the reasons therefor; and " (F) manning levels, based on vessel size and type of operation, when operating in the navigable waters of the United States, or in the safety zone in connection with utilization of deepwater ports.