USCG – implementation of STCW amendments

The US Coast Guard issued a notice stating that, based on feedback received to its earlier Notice of Proposed Rulemaking (NPRM) relating to implementation of the 1995 amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) and the expected adoption of additional amendments during 2010, the agency is considering publishing a Supplemental NPRM describing additional proposed changes and seeking comments thereon. 75 Fed. Reg. 13715 (March 23, 2010). Note: This development is a clear indication that “notice and comment” rulemaking works. The Coast Guard heard the comments submitted by the regulated community and is reacting appropriately. At the same time, it must be noted that the earlier NPRM was merely trying to implement the 1995 amendments to the STCW Convention, to which the United States is a party. Those 1995 amendments were fully vetted throughout the US maritime community prior to US adoption thereof. The maritime community should have examined the amendments while they were still in draft form, so that unintended adverse impacts could have been avoided. The US Government, particularly the US Coast Guard, devotes much time and effort to seeking advice and recommendations from the public and the regulated community while policies, regulations, and international commitments are under development. The burden is on the regulated community to avail itself of that opportunity before things get too far down the road.