(a) This subpart contains procedures for evaluating vessel personnel licensing and certification programs of foreign countries. Evaluations are done for countries which license or certificate personnel serving on tank vessels that enter or operate in U.S. navigable waters and ports.

(b) The purpose of each evaluation is to determine whether a foreign licensing and certification program has standards that are comparable to or more stringent than U.S. standards.

(c) A determination that licensing and certification standards of a foreign country are not comparable to or more stringent than U.S. standards will subject tank vessels manned with officers licensed by that country to the prohibition in 46 U.S.C. 70021(a)(5) on operation with those officers in U.S. navigable waters and ports.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by USCG-2020-0304, 85 FR 58282, Sept. 18, 2020]

The materials to be submitted for evaluation must include the English text of the following:

(a) All laws, decrees, orders, and regulations relating to manning, training, qualification, and watchkeeping of personnel on tank vessels engaged in foreign trade.

(b) A copy of each type of license and certificate issued by the country to tank vessel personnel.

(a) The evaluation materials listed in § 30.30-3 should be sent to Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. The materials should include the name and address of the person to whom correspondence concerning the evaluation can be sent.

(b) Updated materials may be submitted at any time during the evaluation process.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 95-072, 60 FR 50461, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996; USCG-2009-0702, 74 FR 49226, Sept. 25, 2009; USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]

Evaluation materials submitted in accordance with this subpart will be available for inspection and copying at Coast Guard Headquarters. Contact Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501; telephone 202-372-1251.

[USCG-2013-0671, 78 FR 60146, Sept. 30, 2013]

Materials submitted in accordance with this subpart will be evaluated by comparison to the regulations in parts 5, 10, and 13 of this chapter, and by comparison to the U.S. laws referenced in those regulations.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by CGD 97-057, 62 FR 51043, Sept. 30, 1997]

(a) After evaluation of materials submitted in accordance with this subpart, a determination will be made as to whether the licensing and certification program described by the materials has standards that are comparable to or more stringent than standards set by the regulations and laws referenced in § 30.30-9.

(b) Notice of each determination made in accordance with this section and a brief explanation of reasons therefor will be published in the Federal Register. A copy of this notice will also be sent to the person whose name is provided in accordance with § 30.30-5.

(c) Each determination remains in effect for 5 years unless sooner cancelled.

(d) Any request to reconsider a determination must be submitted to the address listed in § 30.30-5 and must include a statement of reasons in support. The person submitting the request will be notified in writing of the action taken.

[CGD 79-081a, 45 FR 23427, Apr. 7, 1980, as amended by USCG-2004-18884, 69 FR 58345, Sept. 30, 2004; USCG-2004-18884, 69 FR 68089, Nov. 23, 2004]