[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4706-4707]
From the Federal Register Online via the Government Publishing 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; [email protected]. 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]
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