[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9709-9710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02956]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2012-1066]
Draft Guidance Regarding Voluntary Inspection of Vessels for
Compliance With the Maritime Labour Convention, 2006
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard announces the availability of a draft
Navigation and Vessel Inspection Circular (NVIC) that sets forth the
Coast Guard's policies and procedures regarding the inspection of U.S.
vessels for voluntary compliance with the Maritime Labour Convention,
2006 (Convention), which enters into force on August 20, 2013. The NVIC
will provide guidance to the maritime industry, Coast Guard marine
inspectors, and other affected parties on how the Coast Guard intends
to implement the new voluntary inspection program. This notice solicits
public comment on the impacts that the policies and procedures
contained in the NVIC would have on applicable vessels and other
affected parties. This notice also solicits public comment on the
collection of information associated with the new voluntary inspection
program.
DATES: Comments and related material on the draft NVIC must either be
submitted to our online docket via http://www.regulations.gov on or
before March 13, 2013 or reach the Docket Management Facility by that
date. For the collection of information associated with the new
voluntary inspection program, comments and related material must either
be submitted to our online docket via http://www.regulations.gov on or
before April 12, 2013 or reach the Docket Management Facility by that
date.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-1066 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,
email Lieutenant Commander Christopher Gagnon, Domestic Vessels
Division, U.S. Coast Guard at [email protected]. If you have questions
on viewing or submitting material to the docket, call Docket Operations
at 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to submit comments and related material on the
draft NVIC on Voluntary Inspection of Vessels under the Maritime Labour
Convention, 2006 and the collection of information associated with the
issuance of the Statement of Voluntary Compliance, Declaration of
Maritime Labour Compliance--Part II. 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-2012-1066) 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 email 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
use ``USCG-2012-1066'' as your search term. Locate this notice in the
search results and click the corresponding ``Comment Now'' box to
submit your comment. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8[frac12] 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.
[[Page 9710]]
Viewing the comments and draft NVIC: To view the comments and draft
NVIC, go to http://www.regulations.gov and use ``USCG-2012-1066'' as
your search term. Use the filters on the left side of the page to
search the docket for public comments and other documents. 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 94th (Maritime) session of the International Labour Conference
(ILC) (Geneva, February 2006) adopted the Maritime Labour Convention,
2006, a new international agreement that consolidates almost all of the
70 existing International Labour Organization (ILO) maritime labour
instruments into a single, modern, globally applicable legal
instrument. The Convention establishes comprehensive minimum
requirements for working conditions of seafarers, including, among
other things, conditions of employment, hours of work and rest,
accommodations, recreational facilities, food and catering, health
protection, medical care, welfare, and social security protection. It
combines rights and principles with specific standards and detailed
guidance on how to implement these standards at the national level. The
Convention is comprised of three different, but related parts: The
Articles, the Regulations, and the Code. The Articles and Regulations
set out the core rights and principles, and the basic obligations of
members ratifying the Convention. The Code is comprised of a Part A
(mandatory standards) and a Part B (non-mandatory guidelines).
To date, the U.S. government has not ratified the Convention.
Unless and until the U.S. ratifies the Convention, the Coast Guard will
not enforce Convention requirements on U.S. vessels or foreign vessels
while on the navigable waters of the U.S.
Article V, paragraph 7 of the Convention contains a ``no more
favorable treatment clause,'' which requires the governments of
ratifying nations to impose Convention requirements on vessels from
non-ratifying nations. As a result, a U.S. vessel that is not able to
demonstrate compliance with the Convention may be at risk for Port
State Control actions (including detention) when operating in a port of
a ratifying nation.
Draft NVIC
In order to assist U.S. vessels in avoiding Port State Control
actions in foreign ports of nations that have ratified the Convention,
the Coast Guard plans to implement a voluntary compliance inspection
program and issue Statements of Voluntary Compliance. To promote
consistency and standardization of Coast Guard policies and procedures,
this draft NVIC provides guidance to the maritime industry and Coast
Guard marine inspectors on how the Coast Guard intends to implement
this new voluntary inspection program. Applicable U.S. vessels are
highly encouraged to comply with the Convention and obtain Statements
of Voluntary Compliance.
We request comments from all interested parties to ensure that the
full range and significance of issues addressed in the draft NVIC are
identified.
Collection of Information
This notice contains a collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5
CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the information collections, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
This notice details a new collection of information. A summary of
the collection follows.
Title: Various International Agreement Certificates and Documents.
OMB Control Number: 1625-new.
Summary of the Collection: This information collection is
associated with the Maritime Labour Convention, 2006. The Coast Guard
plans to establish a voluntary inspection program for vessels wishing
to document compliance with the requirements of the Convention. U.S.
commercial vessels that operate on international routes will be
eligible to participate.
Need for Information: The information is needed to determine if a
vessel is in compliance with the Convention.
Proposed Use of Information: The Coast Guard intends on issuing
voluntary compliance certificates as proof of compliance with the
Convention.
Description of Respondents: Vessel owners and operators.
Number of Respondents: 1,000.
Frequency of Response: On occasion. We estimate two responses per
respondent, one for the Convention application and one for the
recordkeeping of a Coast Guard-issued Statement of Voluntary
Compliance.
Burden of Response: 4.15 hours per respondent.
Estimate of Total Annual Burden: 4,150 hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this notice to the Office of
Management and Budget (OMB) for its review of the collection of
information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them to the Docket Management Facility where indicated under ADDRESSES,
by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
notice, OMB would need to approve the Coast Guard's request to collect
this information.
This notice is issued under authority of 33 U.S.C. 1221(c)(3) and 5
U.S.C. 552(a).
Dated: January 25, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections & Compliance.
[FR Doc. 2013-02956 Filed 2-8-13; 8:45 am]
BILLING CODE 9110-04-P