[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31351-31352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13319]
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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.
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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 clicking ``Search.'' 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
[email protected]. 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.
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\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.
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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
called ``White 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]
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