[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45451-45452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18528]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0240]


Change-1 to the Marine Safety Manual, Volume III

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard announces the availability of Change-1 to the 
Marine Safety Manual (MSM), Volume III, Marine Industry Personnel, and 
the corresponding Commandant Change Notice that highlights the changes 
made to that manual. MSM Volume III provides information and 
interpretations on international conventions and U.S. statutory and 
regulatory issues relating to marine industry personnel. Change-1 is 
presented in a new format to facilitate future revisions by creating 
three distinct parts; Part A: Mariner Credentialing (Chapters 1-17), 
Part B: Vessel Manning (legacy Chapters 20-26, now Chapters 1-7), and 
Part C: Shipment and Service (legacy Chapters 18-19, now Chapters 1-2). 
The Commandant Change Notice discusses the substantive changes to Part 
B, Chapters 1 through 7. This Change includes revisions to Part C, 
Chapters 1 and 2, to account for revised regulations, updated forms, 
and reformatting. Part A will be reviewed and revised as part of a 
separate initiative.

DATES: Unless specifically stated otherwise, Change-1 to Marine Safety 
Manual, Volume III, Marine Industry Personnel, COMDTINST M16000.8B is 
effective as of August 5, 2014. Documents discussed in this notice 
should be available in the online docket within three business days of 
today's publication. This change has been incorporated into the 
electronic copy of the manual available on the Internet at http://www.uscg.mil/directives/listing_cim.asp?id=16000-16999. There will be 
no hardcopy distribution of this change.

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: For information about this document, 
call or email Lieutenant Corydon Heard, Office of Commercial Vessel 
Compliance (CG-CVC), U.S. Coast Guard; telephone 202-372-1208, email 
[email protected]. For information about viewing material in the 
docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826, toll free 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Marine Safety Manual, Volume III, Marine Industry Personnel, 
COMDTINST M16000.8B, provides information and interpretations on 
international conventions and U.S. statutory and regulatory issues 
relating to marine industry personnel. The last revisions were released 
on May 27, 1999. The primary reasons for these changes are to 
incorporate the 2010 amendments to the International Convention on 
Standards of Training, Certification and Watchkeeping for Seafarers, 
1978, as amended (STCW Convention), update the provisions for vessel 
manning, revise the discussion on the impact of multiple international 
standards, to clarify the applicability of tonnage measurement systems 
to U.S. flag vessels, and to include changes resulting from the 
consolidation of merchant mariner qualification credentials. The Coast 
Guard published two notices in the Federal Register announcing the 
availability of the changes to Part B (legacy chapters 20-26) and 
requested public comments (See 78 FR 48696 and 79 FR 14714) as well as 
input from the Merchant Marine Personnel Advisory Committee.
    Specifically, the substantive changes announced in the initial 
notice (August 9, 2013) 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 
initial 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.
    The primary reasons for the supplemental notice (March 17, 2014) 
were to announce the incorporation of the 2010 amendments to the STCW 
Convention and to address the 15 public comments received from the 
initial solicitation as well as input from the Merchant Marine 
Personnel Advisory Committee.
    We received 12 public comment responses to the March 17, 2014 
supplemental Federal Register notice. These comment responses contained 
a total of approximately 29 specific recommendations, suggestions, and 
other comments. We have created a comment matrix that provides a 
summary of each comment and the corresponding Coast Guard response, as 
well as internal Coast Guard comments. A copy of this comment matrix is 
available for viewing in the public docket for this notice. For more 
detailed information, please consult the actual public comment letters, 
which are available 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 and 
supplemental drafts 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 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 comments is included below. For a more in-depth 
discussion of the

[[Page 45452]]

individual comments submitted, please visit the docket for this notice 
to view submitted comments and the public comment matrix.
    (1) The Coast Guard received several comments concerning revised 
language to the towing vessel work site exclusion provision. These 
comments generally objected to the use of the terms ``emergency'' and 
``intermittent'' in the revised guidance and stated that use of these 
terms with regard to dredging operations was not intended by Congress 
when it provided guidance on work site exclusions. The Coast Guard 
agrees with these comments that dredging operations were specifically 
enumerated by Congress for this exclusion without further 
qualification. The use of the terms ``emergency'' and ``intermittent'' 
were meant to apply to towing operations not involving dredging 
operations seeking a work site exclusion and we stated so in the 
supplemental draft of Part B, Chapter 7.
    (2) Multiple commenters expressed concern over the licensing 
requirements for uninspected fish processing vessels between 200 GT and 
less than 1600 GT (which entered into service prior to 1988). 
Specifically, commenters were concerned that Part B, Chapter 7 
overturns a 20-year-old policy interpretation and compliance actions by 
the Coast Guard which allowed those fish processing vessels to operate 
without a licensed assistant engineer. The text in Part B, Chapter 7 is 
largely unchanged since the last revision of MSM III in 1999. However, 
the special ``note'' in Part B, Chapter 7 incorporates and makes 
specific reference to the December 2013 CG Message ``Engineer Officer 
Endorsements on Uninspected Fishing Vessels'' (R 061640Z DEC 13) and 
CG-543 Policy Letter 11-11 for relaxed enforcement measures on 
Uninspected Commercial Fishing Vessels until January 1, 2015--unless 
specified otherwise.
    (3) An additional commenter noted that the passage and 
implementation of Public Law 98-89 necessitated the revision of the 
regulations to refer to ``operation'' of a vessel rather than 
``navigation'' of a vessel. The regulations were revised to refer to 
``operation,'' however, the Coast guard has failed to provide adequate 
guidance, particularly with respect to the minimum complement of 
officers and crew necessary for the safe operation of vessels when they 
are not in navigation. The Coast Guard acknowledges this comment and 
appreciates the commenter's concerns. As explained in the legislative 
history of Public Law 98-89, Congress intended the words ``operate on'' 
or ``on'' to replace the term ``navigate'' and it was intended ``to 
cover all operations of a vessel when it is at the pier, idle in the 
water, at anchor, or being propelled through the water.'' 1983 U.S. 
Code Cong. and Adm. News, p. 924, 933. However, because of the number 
and degree of varying operational scenarios it is difficult to develop 
standardized scales for every manning permutation. For vessels not 
carrying passengers--including those not underway--it is the 
responsibility of the master to establish adequate watches (46 CFR 
15.705(a)). To clarify this, revisions have been incorporated into Part 
B, Chapter 5.
    Additional changes include: (1) General revisions to Part C, 
Chapters 1 and 2 (legacy Chapters 18 and 19) to account for revised 
regulations, updated forms and reformatting; (2) Added Common COI/SMD 
Sample Endorsements to the Annex; and (3) Included a Forward at the 
beginning as an opener. These additional changes were not considered to 
be substantial, but were necessary to reflect revised regulations and 
current practice.
    It should be noted that Change-1 is 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.
    If you discover a discrepancy between the manning or endorsements 
specified by the Certificate of Inspection/Safe Manning Documentation 
(COI/SMD) and the provisions of the MSM, Volume III, bring it to the 
attention of the OCMI with a view toward aligning with the revised MSM 
III.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: July 30, 2014.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2014-18528 Filed 8-4-14; 8:45 am]
BILLING CODE 9110-04-P