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some United States flag vessels. The

Coast Guard is soliciting comments from mariners, industry, and the public to as- sist in development of this policy. The

Coast Guard is particularly interested in identifying which United States flag ves- sels employ foreign citizens, the nation- alities of these mariners, and the countries that issue their STCW certifi- cates.” Here at home, more than one

U.S.-based maritime union is opposing the second effort. The International Or- ganization of Masters, Mates & Pilots (MM&P), for example, has consistently opposed the employment on U.S. vessels of foreign seafarers holding foreign cer- tificates. The most recent issue of

MM&P’s Wheelhouse Weekly magazine said, “Several years ago, however, a prior

Congress waived, under very limited cir- cumstances, the citizenship requirements for employment on some U.S. docu- mented vessels, specifically Offshore

Supply Vessels (OSVs) operating from foreign ports and Mobile Offshore

Drilling Units (MODUs) operating be- yond the waters of the U.S. Outer Conti- nental Shelf. At present, the master of the vessel for which citizenship requirements have been waived has the sole discretion for determining the validity of foreign certificates and the qualifications of a for- eign seafarer.” The article went on to in- sist, “The MM&P position is that, in the limited circumstances where citizenship has been waived, the Coast Guard should make the determination as to qualifica- tions using the STCW Convention and

Code provisions. This includes compli- ance with the requirements of the Con- vention regarding standards of competence and standards of training and certification quality.” MM&P also said that foreign seafarers should meet other

U.S. requirements applied to U.S.-cre- dentialed seafarers, including but not lim- ited to U.S. requirements pertaining to drug testing, driver record check in the country of domicile for DUI, background check for a Transportation Workers Iden- tification Credential (TWIC) and medical examinations under U.S. procedures and standards. Any other approach, according to MM&P, “would discriminate against

U.S. seafarers.”

Today is the last day that the Coast guard will accept comments on the matter. To submit a comment, you can go to http://www.regulations.gov, click on the ''submit a comment'' box, which will then become highlighted in blue. In the ''Doc- ument Type'' drop-down menu, select ''Notices'' and insert ''USCG-2010-0797'' in the ''Keyword'' box. Click ''Search,'' then click on the balloon shape in the ''Actions'' column.

More than a few comments have already been logged. I can’t argue with MM&P’s insistence for foreign mariners to comply with domestic rules, especially when it comes to the new medical NVIC (04-08) already in place and creating headaches for U.S. mariners as they try to renew their documents. It only seems logical that if we are going to ensure “compli- ance with United States regulations, in- ternational Conventions and other standards” when it comes to foreign flag ships then we can insist on the same stan- dard for foreign mariners who might be afforded the privilege of sailing on U.S. flag boats. Beyond this, the contemplated rules appear to be unclear as to which type of vessels foreign mariners might be accepted for employment. For Jones Act advocates, the policy changes look like just another attempt to weaken the na- tion’s cabotage laws. Let’s hope not.

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