Safety Requirements and Manning Exemption Eligibility on Distant Water Tuna Fleet

Maritime Topics Commercial Fishing
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[Notices]
[Page 3646-3647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja11-89]

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[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
submitting comments.

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
jonathan.g.wendland@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

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
type 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

[[Page 3647]]

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
exemption.

Authority

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

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[ATTACH]1205[/ATTACH]

Here is a copy of the draft policy letter. You’ll see that the requirements for a manning exemption have been bolstered. Please submit comments if this is an issue of concern for you.

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Here’s the Federal Register notice, published today 01 June 2011:

[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31351-31352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13319]

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[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.

SUMMARY: The Coast Guard announces the availability of Office of Vessel
Activities Policy Letter 11-05 regarding Distant Water Tuna Fleet
vessels manning exemption eligibility and safety requirements. This
final policy clarifies the requirements to allow a distant water tuna
fleet vessel to engage foreign citizens under a temporary manning
exemption.

DATES: This policy will become effective on July 1, 2011.

ADDRESSES: This notice and the policy are available in the docket and
can be viewed by going to http://www.regulations.gov, inserting USCG-
2011-1146 in the Keyword'' box, and then clickingSearch.’’ This
material is also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. This policy is also available at http://www.fishsafe.info/CG-543 Policy Letter 11-05.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Jack A. Kemerer, Fishing Vessel Safety Division (CG-
5433), U.S. Coast Guard; telephone 202-372-1249, e-mail
jack.a.kemerer@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.

Background and Purpose

The Coast Guard Maritime Transportation Act (CGMTA) of 2006

(section 421) authorized U.S.-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 licensed
personnel, except for the master, to meet manning requirements. 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 October 15, 2010) reauthorized the use of
foreign officers, excluding the master, on U.S.-documented purse seine
vessels in the Distant Water Tuna Fleet. The CGAA reauthorization added
a safety examination requirement such that a vessel’s owner/operator
may not employ a foreign national 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. Additionally, the 2010 CGAA also amended Title
46 United States Code Section 4502 by 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 STCW 95
standards and by an authority recognized by the Coast Guard. Also, the
manning exemption is only applicable to vessels operating in and out of
America Samoa. The manning exemption reauthorization is set to expire
December 31, 2012.

Discussion of Summary of Comments Received and Changes

The Coast Guard published a Notice of Availability and Request for

Comments on a draft policy; Safety Requirements and Manning Exemption
Eligibility on Distant Water Tuna Fleet Vessels in the Federal Register
on January 20, 2011 Docket Number [USCG-2010-1146]. We received
comments from eight individuals in response to the draft Safety
Requirements and Manning Exemption Eligibility on Distant Water Tuna
Fleet Vessels policy.\1\ A general summary of the comments received and
the United States Coast Guard’s responses to those comments are
presented below.

\1\ Although the comment period on the notice was set to close

on February 22, 2011, the Coast Guard was able to consider all
comments submitted to the docket prior to March 1, 2011.

One commenter supported eliminating the manning exemption

permanently while seven commenters

[[Page 31352]]

suggested they support the manning exemption, at least to some extent.
Four commenters suggested the timely notice requirement for
engaging foreign officers is too burdensome or impracticable. The Coast
Guard agrees in some cases that a timely advance notice of a vacancy
may be impracticable. The Coast Guard has revised its final policy
guidance under 6.(a)(v) to include the wording to the extent practicable.'' However, since licensed positions often have contracts associated with them, it is reasonable for an owner/operator to have an idea when a position may become vacant and to advertise appropriately. The Coast Guard considered timely notice further and reduced the position vacancy announcement from 60 days to 30 days for a position becoming available. Five commenters suggested qualified U.S.-licensed mariners are hard to find, while one commenter suggested the exemption was meant only for vessels working from American Samoa, and temporary so owners could train U.S. citizens to fill officer vacancies. The Coast Guard agrees that the temporary exemption is a recognition of the difficulty DWTF vessel owners/operators have historically dealt with when seeking to find qualified U.S.-licensed mariners, but notes that the temporary exemption represents an additional opportunity for DWTF vessel owners/ operators to develop capacity and skills of United States mariners to fill licensed positions on those vessels. Two commenters supported at least annual port calls in American Samoa while two commenters did not support requiring port calls in American Samoa. The Coast Guard maintains that at least one annual port call in American Samoa shall occur if foreign licensed mariners are sought and utilized on a United States flagged DWTF vessel, as the manning exemption is only applicable to vessels operating in and out of America Samoa. One commenter supported adding Taiwan to the list of acceptable countries listed in the International Maritime Organizations (IMO's) so calledWhite List.’’ This comment is outside of the scope of the
policy announced in this policy letter, as the United States cannot on
its own revise the IMO ``White List’’.
One commenter offered alternative proposals to demonstrate non-
availability of U.S. Officers. The Coast Guard, on a case-by-case
basis, may consider alternative approaches in demonstrating non-
availability if the approach demonstrates that the vessel owner/
operator satisfies the requirements of the law.
One commenter suggested the policy cannot be classified as an
interpretive rule because the policy imposes additional duties and
requirements. The Coast Guard disagrees; any additional duties and
requirements may be traced to the statutory exemption. For instance,
the law requires that there be non-availability of United States
licensed workers; this policy describes the means by which a DWTF
vessel owner/operator may demonstrate such non-availability, namely by
recounting the good faith efforts made to locate and hire United States
licensed mariners. However, in response to this comment, the Coast
Guard reduced some of the information requested in the draft policy,
including wages, benefits, and Department of Labor worker codes.
The final policy lists an additional item under Guidance 6 a.(vii)
not listed in the draft policy that requires the owner/operator to make
a written agreement with each seaman employed on the vessel, on a
voyage from a port in the United States. This existing legal
requirement can be found in Title 46 United States Code Sec. 10601
(Fishing Agreements), and was added to the policy to aid in compliance.
This notice is issued under the authority of 5 U.S.C. 552(a).

Dated: May 20, 2011.

Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2011-13319 Filed 5-27-11; 8:45 am]
BILLING CODE 9110-04-P

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Click here for the Policy Letter that was issued on 02 June 2011, and becomes effective 01 July 2011.

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[QUOTE=dougpine;50618]Click here for the Policy Letter that was issued on 02 June 2011, and becomes effective 01 July 2011.[/QUOTE]

Doug, would you say this policy provides more teeth for US Mariners to get aboard the DWTF vessels in greater numbers? Or will it just be a case of the Korean scammers having to work a little harder to keep the US Mariners at bay?
Kamsahamnida, Jeff

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[QUOTE=Jeffrox;50677]Doug, would you say this policy provides more teeth for US Mariners to get aboard the DWTF vessels in greater numbers? Or will it just be a case of the Korean scammers having to work a little harder to keep the US Mariners at bay?
Kamsahamnida, Jeff[/QUOTE]

I think it does. From my conversations and correspondence with the USCG regarding this issue I got the impression that they are quite serious about enforcing the new policy.

Requiring dockside inspections and an annual trip into American Samoa helps. Also the case-by-case nature of each exemption and the required documentation should help. I do wish that the USCG had required more than one American onboard and had made English language skills a requirement as well.

The Koreans and others are quite creative and I’m sure that they will do their best to get around this as they have in the past. Only time will tell of course, but the work is there and any American licensed deck or engineering officer who is interested should apply when these positions come up. The owners and operators have to document each applicant, their interview, and if not hired provide the justification for that decision.