[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45451-45452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18528]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2013-0240]
Change-1 to the Marine Safety Manual, Volume III
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability.
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SUMMARY: The Coast Guard announces the availability of Change-1 to the
Marine Safety Manual (MSM), Volume III, Marine Industry Personnel, and
the corresponding Commandant Change Notice that highlights the changes
made to that manual. MSM Volume III provides information and
interpretations on international conventions and U.S. statutory and
regulatory issues relating to marine industry personnel. Change-1 is
presented in a new format to facilitate future revisions by creating
three distinct parts; Part A: Mariner Credentialing (Chapters 1-17),
Part B: Vessel Manning (legacy Chapters 20-26, now Chapters 1-7), and
Part C: Shipment and Service (legacy Chapters 18-19, now Chapters 1-2).
The Commandant Change Notice discusses the substantive changes to Part
B, Chapters 1 through 7. This Change includes revisions to Part C,
Chapters 1 and 2, to account for revised regulations, updated forms,
and reformatting. Part A will be reviewed and revised as part of a
separate initiative.
DATES: Unless specifically stated otherwise, Change-1 to Marine Safety
Manual, Volume III, Marine Industry Personnel, COMDTINST M16000.8B is
effective as of August 5, 2014. Documents discussed in this notice
should be available in the online docket within three business days of
today's publication. This change has been incorporated into the
electronic copy of the manual available on the Internet at http://www.uscg.mil/directives/listing_cim.asp?id=16000-16999. There will be
no hardcopy distribution of this change.
ADDRESSES: To view the documents mentioned in this notice, go to http://www.regulations.gov and use ``USCG-2013-0240'' as your search term.
Locate this notice in the search results, and use the filters on the
left side of the page to locate specific documents by type. 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.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Lieutenant Corydon Heard, Office of Commercial Vessel
Compliance (CG-CVC), U.S. Coast Guard; telephone 202-372-1208, email
[email protected]. For information about viewing material in the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone 202-366-9826, toll free 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Marine Safety Manual, Volume III, Marine Industry Personnel,
COMDTINST M16000.8B, provides information and interpretations on
international conventions and U.S. statutory and regulatory issues
relating to marine industry personnel. The last revisions were released
on May 27, 1999. The primary reasons for these changes are to
incorporate the 2010 amendments to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978, as amended (STCW Convention), update the provisions for vessel
manning, revise the discussion on the impact of multiple international
standards, to clarify the applicability of tonnage measurement systems
to U.S. flag vessels, and to include changes resulting from the
consolidation of merchant mariner qualification credentials. The Coast
Guard published two notices in the Federal Register announcing the
availability of the changes to Part B (legacy chapters 20-26) and
requested public comments (See 78 FR 48696 and 79 FR 14714) as well as
input from the Merchant Marine Personnel Advisory Committee.
Specifically, the substantive changes announced in the initial
notice (August 9, 2013) included: (1) Updated provisions for vessel
manning, including guidance for the issuing of safe manning documents;
(2) clarified roles, responsibilities, and facilitation of
communications with the appropriate offices at Coast Guard Headquarters
in alignment with current Coast Guard organization; and (3) revised
discussion on the impact of multiple international standards, including
the Officer's Competency Certificates Convention (OCCC) 1936, the
International Convention for Safety of Life at Sea (SOLAS), the Global
Maritime Distress and Safety System (GMDSS), and the Principles of
Minimum Safe Manning (IMO Resolution A.1047(27)). Additionally, the
initial draft clarified the applicability of tonnage measurement
systems to U.S. flag vessels, and included changes resulting from the
consolidation of merchant mariner qualification credentials, including
the removal of references to the operated uninspected towing vessel
endorsement.
The primary reasons for the supplemental notice (March 17, 2014)
were to announce the incorporation of the 2010 amendments to the STCW
Convention and to address the 15 public comments received from the
initial solicitation as well as input from the Merchant Marine
Personnel Advisory Committee.
We received 12 public comment responses to the March 17, 2014
supplemental Federal Register notice. These comment responses contained
a total of approximately 29 specific recommendations, suggestions, and
other comments. We have created a comment matrix that provides a
summary of each comment and the corresponding Coast Guard response, as
well as internal Coast Guard comments. A copy of this comment matrix is
available for viewing in the public docket for this notice. For more
detailed information, please consult the actual public comment letters,
which are available in the docket. You may access the docket going to
http://www.regulations.gov, using ``USCG-2013-0240'' as your search
term, and following the instructions in the ADDRESSES section above.
The basic ideas and principles encompassed in the initial and
supplemental drafts remain. Some commenters raised concerns and
objections over several proposed revisions to the MSM. In response to
these comments, the Coast Guard has made some additional revisions. The
Coast Guard notes, however, that the MSM (and any revisions made to the
MSM) reflect current law and regulation and are intended to provide
guidance and information to marine industry personnel. A brief
discussion of the comments is included below. For a more in-depth
discussion of the
[[Page 45452]]
individual comments submitted, please visit the docket for this notice
to view submitted comments and the public comment matrix.
(1) The Coast Guard received several comments concerning revised
language to the towing vessel work site exclusion provision. These
comments generally objected to the use of the terms ``emergency'' and
``intermittent'' in the revised guidance and stated that use of these
terms with regard to dredging operations was not intended by Congress
when it provided guidance on work site exclusions. The Coast Guard
agrees with these comments that dredging operations were specifically
enumerated by Congress for this exclusion without further
qualification. The use of the terms ``emergency'' and ``intermittent''
were meant to apply to towing operations not involving dredging
operations seeking a work site exclusion and we stated so in the
supplemental draft of Part B, Chapter 7.
(2) Multiple commenters expressed concern over the licensing
requirements for uninspected fish processing vessels between 200 GT and
less than 1600 GT (which entered into service prior to 1988).
Specifically, commenters were concerned that Part B, Chapter 7
overturns a 20-year-old policy interpretation and compliance actions by
the Coast Guard which allowed those fish processing vessels to operate
without a licensed assistant engineer. The text in Part B, Chapter 7 is
largely unchanged since the last revision of MSM III in 1999. However,
the special ``note'' in Part B, Chapter 7 incorporates and makes
specific reference to the December 2013 CG Message ``Engineer Officer
Endorsements on Uninspected Fishing Vessels'' (R 061640Z DEC 13) and
CG-543 Policy Letter 11-11 for relaxed enforcement measures on
Uninspected Commercial Fishing Vessels until January 1, 2015--unless
specified otherwise.
(3) An additional commenter noted that the passage and
implementation of Public Law 98-89 necessitated the revision of the
regulations to refer to ``operation'' of a vessel rather than
``navigation'' of a vessel. The regulations were revised to refer to
``operation,'' however, the Coast guard has failed to provide adequate
guidance, particularly with respect to the minimum complement of
officers and crew necessary for the safe operation of vessels when they
are not in navigation. The Coast Guard acknowledges this comment and
appreciates the commenter's concerns. As explained in the legislative
history of Public Law 98-89, Congress intended the words ``operate on''
or ``on'' to replace the term ``navigate'' and it was intended ``to
cover all operations of a vessel when it is at the pier, idle in the
water, at anchor, or being propelled through the water.'' 1983 U.S.
Code Cong. and Adm. News, p. 924, 933. However, because of the number
and degree of varying operational scenarios it is difficult to develop
standardized scales for every manning permutation. For vessels not
carrying passengers--including those not underway--it is the
responsibility of the master to establish adequate watches (46 CFR
15.705(a)). To clarify this, revisions have been incorporated into Part
B, Chapter 5.
Additional changes include: (1) General revisions to Part C,
Chapters 1 and 2 (legacy Chapters 18 and 19) to account for revised
regulations, updated forms and reformatting; (2) Added Common COI/SMD
Sample Endorsements to the Annex; and (3) Included a Forward at the
beginning as an opener. These additional changes were not considered to
be substantial, but were necessary to reflect revised regulations and
current practice.
It should be noted that Change-1 is not intended to preempt or take
the place of separate policy initiatives regarding specific decisions
on appeal or future regulations. Future changes to the MSM may be
released if the Coast Guard promulgates new regulations or appeal
decisions, which may affect the guidance and information contained
within the MSM.
If you discover a discrepancy between the manning or endorsements
specified by the Certificate of Inspection/Safe Manning Documentation
(COI/SMD) and the provisions of the MSM, Volume III, bring it to the
attention of the OCMI with a view toward aligning with the revised MSM
III.
This notice is issued under authority of 5 U.S.C. 552(a).
Dated: July 30, 2014.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2014-18528 Filed 8-4-14; 8:45 am]
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