
[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Notices]               
[Page 59281-59282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se10-111]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0797]

 
Recognition of Foreign Certificates Under the International 
Convention on Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978, as Amended, Regulation I/10

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comments.

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SUMMARY: Regulation I/10 of the International Convention on Standards 
of Training, Certification and Watchkeeping for Seafarers, 1978, as 
amended, (STCW) requires Parties to the Convention to establish 
procedures to recognize STCW certificates issued by or under the 
authority of another Party. In order to start this process, the Coast 
Guard is developing a policy regarding the United States' recognition 
of foreign certificates held by foreign maritime officers who may be 
employed on some United States flag vessels. The Coast Guard is 
soliciting comments from mariners, industry, and the public to assist 
in development of this policy. The Coast Guard is particularly 
interested in identifying which United States flag vessels employ 
foreign citizens, the nationalities of these mariners, and the 
countries that issue their STCW certificates.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before October 27, 
2010 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0797 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 about this 
notice, call or e-mail Luke B. Harden, Mariner Credentialing Program 
Policy Division (CG-5434), U.S. Coast Guard; telephone 202-372-1206, e-
mail Luke.B.Harden@uscg.mil. If you have questions on viewing material 
in 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 
development of a policy regarding the recognition of foreign 
International Convention on Standards of Training, Certification and 
Watchkeeping for Seafarers, 1978, as amended (STCW) certificates held 
by foreign mariners who may be employed on United States flag 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-2010-0797) 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Notices'' and insert ``USCG-2010-0797'' in the ``Keyword'' box. Click 
``Search'' then click on the balloon shape in the ``Actions'' column. 
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.
    Viewing the comments: To view the comments, go to http://
www.regulations.gov, click on the ``read comments'' box, which will 
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2010-0797'' and click ``Search.'' Click the ``Open 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

[[Page 59282]]

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

    STCW requirements: Regulation I/10 of the STCW requires Parties to 
the Convention to establish procedures to recognize certificates issued 
to maritime officers by or under the authority of another Party. STCW 
also requires the flag state of a vessel to ensure that all officers 
serving on board hold properly recognized and endorsed credentials.
    Citizenship waiver provisions within the United States Code: Title 
46 of the United States Code (U.S.C.) allows the employment of foreign 
citizens aboard certain United States flag vessels. Specifically, 46 
U.S.C. 8103(b)(3) establishes authority to waive the requirement for 
United States citizenship for:

    (A) An offshore supply vessel or other similarly engaged vessel 
of less than 1,600 gross tons as measured under section 14502 of 
this title, or an alternate tonnage measured under section 14302 of 
this title as prescribed by the Secretary under section 14104 of 
this title that operates from a foreign port;
    (B) A mobile offshore drilling unit or other vessel engaged in 
support of exploration, exploitation, or production of offshore 
mineral energy resources operating beyond the water above the outer 
Continental Shelf (as that term is defined in section 2(a) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and
    (C) Any other vessel if the Secretary determines, after an 
investigation, that qualified seamen who are citizens of the United 
States are not available.

    Need for the policy: Recognition of seafarer competence 
certificates from other countries would ensure compliance with the STCW 
Convention requirements, be in accordance with the citizenship waiver 
requirements in 46 U.S.C. 8103(b)(3), and help ensure that United 
States flagged vessels are not subject to detention in foreign ports 
due to allegations of improperly credentialed seafarers. It would also 
be done in anticipation of the regulatory changes that would be needed 
to bring the United States into compliance with the STCW requirements.

The Proposed Policy

    Given this need, the Coast Guard is developing a policy to start 
establishing a process for the United States' recognition of foreign 
certificates held by foreign officers who may be employed on some 
United States flag vessels.
    The Coast Guard is beginning to develop policy guidance for 
arrangements between parties to STCW for recognition of certificates 
under STCW Regulation I/10. The policy would provide guidance for Coast 
Guard on how and when to recognize STCW certificates issued by other 
countries. The policy would also provide a list of which countries' 
certificates may be recognized and the process used to determine that 
list.
    As part of this policy, we expect that once the United States is 
satisfied that a certificate-issuing country complies with the STCW 
Convention requirements concerning standards of competence, the issuing 
and endorsement of certificates, and record keeping, both countries 
could sign a written formal agreement establishing recognition of each 
country's STCW certificates.
    The proposed policy could also offer guidance for mariners and/or 
vessel operators/employers with regard to applying for and obtaining a 
United States-issued endorsement of their foreign certificates.
    We welcome your comments on the above proposals. In particular, the 
Coast Guard is interested in the following information:
    1. Which United States flag vessels employ foreign citizens?
    2. What are the nationalities of foreign citizens working United 
States flag vessels?
    3. What countries issue STCW certificates for foreign citizens 
working United States flag vessels?
    We will review and analyze all comments received in order to 
develop the policy.

    Authority: We issue this notice of under the authority of 5 
U.S.C. 552(a) and 46 U.S.C. 8103(b)(3).

    Dated: September 1, 2010.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2010-24154 Filed 9-24-10; 8:45 am]
BILLING CODE 9110-04-P

