
[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Notices]
[Pages 3646-3647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1191]


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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 and request for comments.

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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 the ``Keyword'' 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 the ``read comments'' box, 
which will then become highlighted in blue. In the ``Keyword'' box 
insert ``USCG-2010-1146'' 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 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]
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