
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4706-4707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1571]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0012]


Self-Defense of Vessels of the United States

AGENCY: Coast Guard, DHS.

ACTION: Notice; request for comments.

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SUMMARY: Pursuant to Section 912 of the 2010 Coast Guard Authorization 
Act, the Coast Guard is reviewing its policy regarding standard rules 
for the use of force for self-defense of vessels of the United States 
and is requesting comments on the current policy.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before March 1, 
2011, or reach the Docket Management Facility by that date.

ADDRESSES: You may submit written comments identified by docket number 
USCG-2011-0012 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 concerning this 
notice or policy, please call or email LCDR John Reardon, Office of 
Maritime and International Law, United States Coast Guard; telephone 
202-372-1129; john.c.reardon@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Ms. 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 this 
notice and policy. 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-2011-0012) 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-2011-0012'' in the ``Keyword''

[[Page 4707]]

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 and 
Coast Guard Port Security Advisory (PSA) 3-09, which provides guidance 
to the maritime industry with regard to the use of force against 
pirates, 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-2011-0012'' 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

    In accordance with Section 912 of the Coast Guard Authorization Act 
of 2010 (CGAA), the Coast Guard is seeking input from the public and 
representatives of industry and labor in order to determine if the 
current authorization in 33 U.S.C. 383, Resistance of pirates by 
merchant vessels, and the guidance published by the Coast Guard in Port 
Security Advisory (PSA) 3-09 provide an adequate framework for standard 
rules for the use of force for self defense of vessels of the United 
States.
    Section 912 of the CGAA states that an owner, operator, time 
charterer, master, mariner, or individual who uses force or authorizes 
the use of force to defend a vessel of the United States against an act 
of piracy shall not be liable for monetary damages for any injury or 
death caused by such force to any person engaging in an act of piracy 
if such force was in accordance with standard rules for the use of 
force in self-defense of vessels prescribed by the Secretary.
    Guidance which may aid the maritime industry with regard to the use 
of force against pirates is currently provided in PSA 3-09. The Coast 
Guard seeks public input as to the continued viability of PSA 3-09 as 
the standard policy. PSA 3-09 provides guidance to United States 
flagged commercial vessels and embarked personnel, including contract 
security personnel not entitled to sovereign immunity and operating in 
High Risk Waters, for employment of force in self-defense or defense of 
others, as well as defense of the vessel. PSA 3-09 restates existing 
common law and international law principles in this area. It does not 
establish new standards or duties with respect to the right of self-
defense or defense of others. The guidance is intended to aid companies 
in the development of their vessel security plan submissions for 
operating within High Risk Waters and does not mandate specific actions 
at particular points of time and does not prevent an individual from 
acting in self-defense or defense of others.
    We encourage you to provide your comments as we review the existing 
policy on the use of force for self-defense of vessels in light of 
Section 912 of the CGAA.

Authority

    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: January 18, 2011.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2011-1571 Filed 1-25-11; 8:45 am]
BILLING CODE 9110-04-P


