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Department of Homeland Security Vol. 78 Tuesday, No. 247 December 24, 2013 Part II Department of Homeland Security Coast Guard 46 CFR Parts 1, 10, 11, et al. Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to National Endorsements; Final Rule VerDate Mar<15>2010 17:20 Dec 23, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24DER2.SGM 24DER2 sroberts on DSK5SPTVN1PROD with RULES 77796 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations DEPARTMENT OF HOMELAND Guard; phone (202) 372–1409; email was subsequently amended in 2002 and SECURITY [email protected]. If you have 2007. questions on viewing the docket, call In 2008, the IMO embarked on a Coast Guard Renee V. Wright, Program Manager, comprehensive review of the entire Docket Operations, telephone 202–366– STCW Convention and the STCW Code, 46 CFR Parts 1, 10, 11, 12, 13, 14, and 9826. which sets forth provisions for 15 implementing the STCW Convention. SUPPLEMENTARY INFORMATION: Five meetings were held at IMO [Docket No. USCG–2004–17914] Table of Contents for Preamble headquarters in London on the RIN 1625–AA16 comprehensive review, at which the I. Executive Summary Coast Guard represented the U.S. and Implementation of the Amendments to A. Basis and purpose the draft 2010 amendments to the the International Convention on B. Summary for major provisions Convention were developed. The Coast Standards of Training, Certification C. Costs and benefits Guard held public meetings prior to II. Abbreviations and Watchkeeping for Seafarers, 1978, III. Regulatory History each one of the IMO review meetings to and Changes to National IV. Overview determine what positions U.S. Endorsements V. Tables of Changes delegations should advocate and to VI. Discussion of Comments and Explanation exchange views about amendments to AGENCY: Coast Guard, DHS. of Changes STCW that were under discussion. In ACTION: Final rule. A. Summary of changes from the SNPRM addition, the Coast Guard also obtained B. Public comments on the SNPRM input from MERPAC on developments SUMMARY: The Coast Guard issues this C. Discussion of Public Comments in and implementation of the requirements final rule to implement the International Response to the Merchant Marine relating to the 2010 amendments. After Convention on Standards of Training, Personnel Advisory Committee completing its review, the IMO adopted Certification and Watchkeeping for (MERPAC) and the Merchant Mariner Medical Advisory Committee these amendments on June 25, 2010, at Seafarers, 1978, as amended (STCW the STCW Diplomatic Conference in Convention), as well as the Seafarers’ (MEDMAC) Recommendations D. Additional Request for Comments Manila, Philippines. They entered into Training, Certification and VII. Incorporation by Reference force for all ratifying countries on Watchkeeping Code (STCW Code), to VIII.Regulatory Analyses January 1, 2012. address the comments received from the A. Regulatory Planning and Review The STCW Convention is not self- public in response to the supplemental B. Small Entities implementing; therefore, the United notice of proposed rulemaking C. Assistance for Small Entities States, as a signatory to the STCW (SNPRM), and to incorporate the 2010 D. Collection of Information Convention, must initiate regulatory amendments to the STCW Convention E. Federalism changes to ensure compliance with its that came into force on January 1, 2012. F. Unfunded Mandates Reform Act treaty obligations through full In addition, this final rule makes other G. Taking of Private Property H. Civil Justice Reform implementation of the amendments to changes not required by the STCW I. Protection of Children the STCW Convention and STCW Code. Convention or Code, but necessary to J. Indian Tribal Governments Accordingly, the Coast Guard is reorganize, clarify, and update these K. Energy Effects amending 46 CFR subchapter B to: Fully regulations. L. Technical Standards harmonize and incorporate the M. Environment DATES: This final rule is effective March requirements for national licenses with those of the STCW Convention; to 24, 2014 except for 46 CFR part 10, I. Executive Summary subpart C, which is effective January 23, incorporate the 2010 amendments to the 2014. The incorporation by reference of A. Basis and purpose STCW Convention that came into force certain publications listed in the rule is on January 1, 2012; and to make other The United States has a well- changes not required by the STCW approved by the Director of the Federal established program for credentialing Register on March 24, 2014. Convention that are necessary to personnel serving on U.S. vessels that is reorganize, clarify, and update those ADDRESSES: Comments and material governed by domestic law in United regulations. A discussion of the 2010 received from the public, as well as States Code, titles 5, 14, 33 and 46, and amendments implemented in this final documents mentioned in this preamble Code of Federal Regulations, title 46, rule is available in the preamble of the as being available in the docket, are part subchapter B. Through these domestic SNPRM (76 FR 45908). of docket USCG–2004–17914 and are statutes and regulations, the United All signatories to the STCW available for inspection or copying at States also implements the provisions of Convention are presumed to be fulfilling the Docket Management Facility (M–30), the International Convention on their obligations under the Convention U.S. Department of Transportation, Standards of Training, Certification and and, by publishing and implementing West Building Ground Floor, Room Watchkeeping for Seafarers, 1978, as this final rule, the U.S. is joining the W12–140, 1200 New Jersey Avenue SE., amended. other signatories, including, but not Washington, D.C. 20590, between 9 a.m. The STCW Convention and Code set limited to, Australia, Canada, France, and 5 p.m., Monday through Friday, forth minimum training and Germany, Norway, Russia, Sweden, and except Federal holidays. You may also certification requirements for merchant the United Kingdom. The U.S. is also find this docket on the Internet by going mariners. The IMO adopted ensuring that the U.S. remains on the to http://www.regulations.gov, inserting amendments to the STCW in 1995. IMO ‘‘White List’’ of countries giving USCG–2004–17914 in the ‘‘Keyword’’ Those amendments entered into force the Convention full and complete effect. box, and then clicking ‘‘Search.’’ on February 1, 1997. The Coast Guard Inclusion on this list entitles U.S.-flag FOR FURTHER INFORMATION CONTACT: If implemented those amendments vessels to equal treatment under foreign you have questions on this rule, call or through an interim rule revising 46 CFR nation port state control procedures, email Mr. Mark C. Gould, Maritime subchapter B, which published on June and enables U.S. mariners to compete in Personnel Qualifications Division, Coast 26, 1997 (62 FR 34505). The Convention the global workforce. This final rule also VerDate Mar<15>2010 17:20 Dec 23, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24DER2.SGM 24DER2 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 77797 ensures that U.S. mariner credentialing B. Summary of Major Provisions grant sea service credit towards STCW requirements are consistent with This section lists the major provisions endorsements for mariners who hold a international standards. Additionally, in this final rule. Both a summary and national endorsement but serve on the rule strengthens U.S. authority to a detailed explanation of the reasons for STCW compliant vessels; provide enforce the STCW Convention and changes from the SNPRM can be found additional means for mariners holding a STCW Code against foreign flag vessels in Section VI of this preamble, domestic tankerman endorsement to in U.S. waters. Discussion of Comments. All of the qualify for STCW tankerman changes below were made to the rule as endorsements; clarify the course Parties to the STCW Convention have approval provisions; and include port state control authority to detain proposed in the SNPRM in response to comments from the public, MERPAC, or compliance with industry-wide systems, vessels that do not comply with the such as International Organization for Convention. If U.S. regulations are non- MEDMAC. The Coast Guard is publishing this Standardization (ISO) and International compliant with the STCW Convention final rule to implement amendments to Safety Management (ISM), as an and STCW Code, there is a risk that U.S. the STCW Code, including the 2010 alternate means of compliance with the vessels will be detained in foreign ports amendments, and ensure that the U.S. is Quality Standards System (QSS) and that U.S. mariners not in meeting its obligations under the provisions. compliance with the STCW Convention Convention. In addition, the Coast C. Costs and Benefits would be ineligible to serve on foreign Guard is issuing this final rule to flag vessels. respond to the comments, feedback, and The changes between the SNPRM and Over 90 percent of ships visiting U.S. concerns received from the public in this final rule do not result in additional waters are foreign-flag carrying response to the SNPRM. In order to impacts to the maritime industry except multinational crews, and are subject to address those comments and concerns, for the transitional provision that delays STCW. Additionally, approximately the final rule will: Clarify transitional the implementation of the QSS 1044 U.S. documented commercial provisions for STCW endorsements and requirements until January 1, 2017. This provision was included in this final rule vessels operate on ocean or near coastal for the issuance of medical certificates; provide additional training topics for based on the public comments received voyages and are subject to the STCW endorsements as part of on the SNPRM and will delay the cost provisions of STCW.
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