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Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.
[August 01, 2011]

Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.


Aug 01, 2011 (Department of Homeland Security Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: The Coast Guard proposes to amend the existing regulations that implement the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), as well as the Seafarer's Training, Certification and Watchkeeping Code (STCW Code). The changes proposed in this Supplemental Notice of Proposed Rulemaking (SNPRM) address the comments received from the public response to the Notice of Proposed Rulemaking (NPRM), in most cases through revisions based on those comments, and propose to incorporate the 2010 amendments to the STCW Convention that will come into force on January 1, 2012. In addition, this SNPRM proposes to make other non-STCW changes necessary to reorganize, clarify, and update these regulations.

EFFECTIVE DATE: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before September 30, 2011 or reach the Docket Management Facility by that date. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before September 30, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-2004-17914 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.

Collection of Information Comments: If you have comments on the collection of information discussed in section VIII.D of this NPRM, you must also send comments to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget. To ensure that your comments to OIRA are received on time, the preferred methods are by e-mail to [email protected] (include the docket number and "Attention: Desk Officer for Coast Guard, DHS" in the subject line of the e-mail) or fax at 202-395-6566. An alternate, though slower, method is by U.S. mail to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.

Viewing incorporation by reference material: You may inspect the material proposed for incorporation by reference at room 1210, U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-372-1401. Copies of the material are available as indicated in the "Incorporation by Reference" section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Ms. Zoe Goss, Maritime Personnel Qualifications Division, Coast Guard; telephone 202-372-1425, e-mail [email protected]. 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: Table of Contents for Preamble I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Public Meeting II. Abbreviations III. Regulatory History IV. Basis and Purpose V. Background VI. Discussion of Proposed Rule A. Overview B. Differences Between This SNPRM and the Coast Guard's Current Regulations C. Table of Proposed Changes D. Part 12 Re-Numbering VII. Discussion of Comments on the NPRM VIII. Incorporation by Reference IX. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2004-17914), indicate the specific section of this document to which each comment applies, 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 phone 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 "Proposed Rule" and insert "USCG-2004-17914" 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 81/2; by 11 inches, suitable for copying and electronic filing. If you submit comments 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 and may change this proposed rule based on your comments.

B. Additional Request for Comments In addition to encouraging your comments on all of the proposals within this rulemaking, the Coast Guard seeks specific comment on the issues outlined below: 1. The value of tonnage and route restrictions for engineer endorsements. Current regulations restrict Designated Duty Engineers (DDEs) with 1,000 horsepower (HP) and 4,000 HP limits to inland and near-coastal waters, and all DDEs to 500 gross register tons (GRT) vessels. Also, the limited series of engineer credentials authorize service on vessels less than 1,600 GRT/3,000 gross tonnage (GT), with two classes of chief engineer, one of which authorizes sailing only on near-coastal waters. The Coast Guard seeks comment from the public regarding the possible elimination or retention of these tonnage and route restrictions.

2. Alternative or additional requirements for limiting engineer authority, such as maintaining current horsepower limits, adding equipment restrictions, or any other alternative requirements.

3. Potential changes to the qualification requirements for a Designated Examiner (DE) for Towing Officer's Assessment Record (TOARs) to allow mariners to serve as DEs by virtue of their endorsement without any further approval process.

4. Who, within the mariner population, will take advantage of the alternatives provided to meet the standards of competence, besides formal training, for an STCW endorsement.

5. The extent to which changes to sea service requirements, particularly in SEC 10.232, will increase the availability of mariners for service on ocean-going ships.

6. Possible changes to fee payment options, as proposed in SEC 10.219, which would eliminate the ability to pay by cash or check.

C. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, 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-2004-17914" 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.

D. 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 notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

E. Public Meeting We plan to hold public meetings in Miami, New Orleans, Seattle, and Washington, DC.

--This is a summary of a Federal Register article originally published on the page number listed below-- Supplemental notice of proposed rulemaking; notice of public meetings.

CFR Part: "46 CFR Parts 1, 10, 11, 12, 13, 14, and 15" RIN Number: "RIN 1625-AA16" Citation: "76 FR 45908" Document Number: "Docket No. USCG-2004-17914" Federal Register Page Number: "45908" "Proposed Rules"

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