[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14714-14715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05725]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0240]


Draft Revisions to the Marine Safety Manual, Volume III, Chapters 
20-26

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of availability with request for comments.

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SUMMARY: This is a supplemental notice to the August 9, 2013 request 
for comments on the draft changes to the Marine Safety Manual (MSM), 
Volume III, Marine Industry Personnel. The draft revision will be 
available in the docket for this notice. The primary reasons for this 
supplemental notice are to announce the incorporation in Volume III of 
the 2010 amendments to the STCW Convention, and to address the public 
comments received from the initial solicitation as well as input from 
the Merchant Marine Personnel Advisory Committee. Additionally, 
chapters 20 through 26 of Volume III have been reformatted, and are now 
presented as Volume III Part B, chapters 1 through 7. In the draft 
revision, these proposed revisions since the initial request for 
comments, including other changes necessary to reorganize and clarify 
Volume III, are highlighted in yellow. The Coast Guard will consider 
comments on this draft revision before issuing a final version of this 
manual.

DATES: Documents discussed in this notice should be available in the 
online docket within three business days of today's publication. 
Comments and related material must either be submitted to the online 
docket via http://www.regulations.gov or be received by the Coast Guard 
on or before May 16, 2014.

ADDRESSES: To view the documents mentioned in this notice, go to http://www.regulations.gov and use ``USCG-2013-0240'' as your search term. 
Locate this notice in the search results, and use the filters on the 
left side of the page to locate specific documents by type. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Corydon Heard, Office of Commercial Vessel 
Compliance, U.S. Coast Guard; telephone 202-372-1208, email 
[email protected]. If you have questions on viewing material in 
the docket, call Docket Operations at 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Volume III of the Marine Safety Manual (MSM) provides information 
and interpretations on international conventions and U.S. statutory and 
regulatory issues relating to marine industry personnel. The last 
revisions to Volume III of the MSM were released on May 27, 1999. This 
supplemental notice announces updates to portions of legacy chapters 20 
through 26.
    On August 9, 2013, the Coast Guard published a notice in the 
Federal Register announcing the availability of a draft update to MSM 
Volume III and requested public comments on the draft (See 78 FR 
48696). Specifically, the substantive changes announced in that notice 
included: (1) updated provisions for vessel manning, including guidance 
for the issuing of safe manning documents; (2) clarified roles, 
responsibilities, and facilitation of communications with the 
appropriate offices at Coast Guard Headquarters in alignment with 
current Coast Guard organization; and (3) revised discussion on the 
impact of multiple international standards, including the Officer's 
Competency Certificates Convention (OCCC) 1936, the International 
Convention for Safety of Life at Sea (SOLAS), the Global Maritime 
Distress and Safety System (GMDSS), and the Principles of Minimum Safe 
Manning (IMO Resolution A.1047(27)). Additionally, the draft clarified 
the applicability of tonnage measurement systems to U.S. flag vessels, 
and included changes resulting from the consolidation of merchant 
mariner qualification credentials, including the removal of references 
to the operated uninspected towing vessel endorsement.
    We received fifteen public comment responses to the August 9, 2013 
Federal Register notice. These comment responses contained a total of 
approximately 130 specific recommendations, suggestions, and other 
comments. We have created a document that provides a summary of each 
comment and the corresponding Coast Guard response, as well as internal 
Coast Guard comments and changes made to incorporate the STCW Final 
Rule. A copy of this public comment matrix is available for viewing in 
the public docket for this notice. For more detailed information, 
please consult the actual public comment letters in the docket. You may 
access the docket going to http://www.regulations.gov, using ``USCG-
2013-0240'' as your search term, and following the instructions in the 
ADDRESSES section above.
    The basic ideas and principles encompassed in the initial draft 
change remain. Some commenters raised concerns and objections over 
several proposed revisions to the MSM. In response to these comments, 
the Coast Guard has made some additional

[[Page 14715]]

revisions. The Coast Guard notes, however, that the MSM (and any 
revisions made to the MSM) reflect current law and regulation and are 
intended to provide guidance and information to marine industry 
personnel. A brief discussion of the most important changes is included 
below. For a more in-depth discussion of the individual comments 
submitted, please visit the docket for this notice to view submitted 
comments and the public comment matrix.
    (1) We received several comments on what was generally perceived to 
be an increase in vessel manning, beyond that required by law or 
regulation. This was not the intention of this change and these 
sections have been clarified.
    (2) Several commenters expressed concern over how an owner's 
decision to increase manning may be perceived by the Coast Guard and 
that the guidance provided did not adequately address when manning 
would warrant an additional review and modifications. To address this 
concern, these sections have been revised to focus on watchkeeping 
provisions, rest requirements, and the performance of maintenance.
    (3) Other commenters suggested that certain tables and scales be 
deleted or revised in their entirety and that the tables for 
uninspected towing vessels be replaced with those recommended by Towing 
Vessel Safety Advisory Committee (TSAC). We disagree. Although certain 
tables have been amended in response to various comments, they reflect 
the current laws and regulations pertaining to the manning levels for 
various vessel types, including uninspected towing vessels. The Coast 
Guard has engaged with TSAC to develop sample manning scales, however 
this tasking and recommendation pertains to inspected towing vessels, 
in preparation for future regulation. Once finalized, the TSAC 
recommendation will be taken under consideration for future inclusion 
in MSM Volume III.
    (4) A number of commenters urged the Coast Guard to consider, and 
include in this revision, the final agency action on pending appeals 
regarding when mariner credentials are required for persons in addition 
to the crew. We disagree. Decisions on appeal impacting requirements 
for certain persons in addition to the crew are being evaluated and 
will be addressed in the future.
    (5) Multiple commenters noted that although the Coast Guard usually 
discusses manning changes with management, specific language should be 
added to that end. We agree and revisions have been incorporated to 
specifically mention the master as well as to include provisions for 
manning modifications to be discussed with the owner/operator.
    Additional substantive revisions include: (1) the consolidation of 
existing Coast Guard Policy Letters into the Manual; (2) context on the 
allowable employment and conditions of a two-watch system for specific 
vessel types; and (3) policy updates reflecting the implementation of 
the 2010 amendments to the International Convention on Standards of 
Training, Certification, and Watchkeeping for Seafarers (STCW). These 
revisions are presented in a new format, where MSM Volume III has been 
split into two distinct parts; Part A, Mariner Credentialing (Chapters 
1-19) and Part B, Vessel Manning (legacy Chapters 20-26 are now 
Chapters 1-7).
    It should be noted that the proposed revisions in this draft change 
are not intended to preempt or take the place of separate policy 
initiatives regarding specific decisions on appeal or future 
regulations. Future changes to the MSM may be released if the Coast 
Guard promulgates new regulations or appeal decisions, which may affect 
the guidance and information contained within the MSM.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: March 10, 2014.
Jonathan C. Burton,
Captain, U.S. Coast Guard, Director, Inspections and Compliance.
[FR Doc. 2014-05725 Filed 3-14-14; 8:45 am]
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