From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY
[Docket No. USCG-2010-1146]
Safety Requirements and Manning Exemption Eligibility on Distant
Water Tuna Fleet Vessels
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability and request for comments.
SUMMARY: Pursuant to Section 904 of the 2010 Coast Guard Authorization
Act, the Coast Guard announces the availability of a draft policy
regarding distant water tuna fleet vessels manning exemption
eligibility and safety requirements. We request your comments on the
Safety Requirements and Manning Exemption Eligibility on Distant Water
Tuna Fleet Vessels.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before February 22,
2011 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1146 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Jonathan G. Wendland, Fishing Vessel Safety Division
(CG-5433), U.S. Coast Guard; telephone 202-375-1245, e-mail
email@example.com. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
Public Participation and Request for Comments
We encourage you to submit comments and related material on the
draft policy on Safety Requirements and Manning Exemption Eligibility
on Distant Water Tuna Fleet Vessels. All comments received will be
posted, without change, to http://www.regulations.gov and will include
any personal information you have provided.
Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2010-1146) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
USCG-2010-1146'' in theKeyword’’ box. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period.
Viewing the comments and related material: To view the comments,
the draft policy, the USCG Marine Safety Manual Volume III Marine
Industry Personnel, MSC.1/Circ.1163/Rev.6/(commonly referred to as
the White List'') and STCW A-I/10 as referenced in the draft policy, go to http://www.regulations.gov, click on theread comments’’ box,
which will then become highlighted in blue. In the
Keyword'' box insertUSCG-2010-1146’’ and click
Search.'' Click theOpen Docket
Folder’’ in the ``Actions’’ column. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act: Anyone can search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act, system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).
Background and Purpose
The Coast Guard Maritime Transportation Act (CGMTA) of 2006
(section 421) authorized United States-documented purse seine vessels
fishing for highly migratory species (under a license issued pursuant
to the 1987 South Pacific Tuna Treaty [SPTT]) to use foreign citizens,
except for the master, to meet manning requirements if no United States
citizen personnel are readily available. The manning exemption was only
applicable to vessels operating in and out of American Samoa. That
authorization was for a 48-month period and ended on July 11, 2010.
Section 904 of the 2010 Coast Guard Authorization Act (CGAA),
signed into law (Pub. L. 111-281) on 15 October
2010, reauthorized for a period of two years the use of foreign
citizens (excluding the master) on United States-documented purse seine
vessels in the Distant Water Tuna Fleet (DWTF). This reauthorized
manning exemption also only applies to vessels operating in and out of
American Samoa. In addition, the 2010 CGAA added a safety examination
requirement such that a vessel’s owner/operator may not employ a
foreign citizen to meet a manning requirement unless it first
successfully completes an annual dockside safety examination by an
individual authorized to enforce part B of subtitle II of title 46,
United States Code. Furthermore, the 2010 CGAA also amended 46 U.S.C.
4502 establishing requirements for an individual in charge of a vessel
to keep a record of equipment maintenance and required instruction and
drills, and for a vessel to be issued a certificate of compliance upon
successfully completing a dockside safety examination. The
reauthorization retained the restriction that a foreign officer engaged
to fill a position must hold a valid license or certificate issued in
accordance with the International Convention on Standards of Training,
Certification, and Watchkeeping for Seafarers, as amended, standards
and by an authority recognized by the Coast Guard. The manning
exemption reauthorization is set to expire December 31, 2012.
We are requesting your comments for consideration in preparing the
final Coast Guard policy that is intended to clarify the requirements
enabling a DWTF vessel to take advantage of the temporary manning
This notice is issued under authority of 5 U.S.C. 552(a). Dated: January 13, 2011.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2011-1191 Filed 1-19-11; 8:45 am]
BILLING CODE 9110-04-P