[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Notices]
[Pages 59281-59282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24154]
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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 [email protected]. 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]
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