Draft Guidance Regarding Voluntary Inspection of Vessels for Compliance With the Maritime Labour Convention, 2006, 9709-9710 [2013-02956]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9709-9710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02956]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-1066]


Draft Guidance Regarding Voluntary Inspection of Vessels for 
Compliance With the Maritime Labour Convention, 2006

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Coast Guard announces the availability of a draft 
Navigation and Vessel Inspection Circular (NVIC) that sets forth the 
Coast Guard's policies and procedures regarding the inspection of U.S. 
vessels for voluntary compliance with the Maritime Labour Convention, 
2006 (Convention), which enters into force on August 20, 2013. The NVIC 
will provide guidance to the maritime industry, Coast Guard marine 
inspectors, and other affected parties on how the Coast Guard intends 
to implement the new voluntary inspection program. This notice solicits 
public comment on the impacts that the policies and procedures 
contained in the NVIC would have on applicable vessels and other 
affected parties. This notice also solicits public comment on the 
collection of information associated with the new voluntary inspection 
program.

DATES: Comments and related material on the draft NVIC must either be 
submitted to our online docket via  https://www.regulations.gov on or 
before March 13, 2013 or reach the Docket Management Facility by that 
date. For the collection of information associated with the new 
voluntary inspection program, comments and related material must either 
be submitted to our online docket via https://www.regulations.gov on or 
before April 12, 2013 or reach the Docket Management Facility by that 
date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1066 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://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 on this notice, 
email Lieutenant Commander Christopher Gagnon, Domestic Vessels 
Division, U.S. Coast Guard at cg-cvc-1@uscg.mil. If you have questions 
on viewing or submitting material to the docket, call Docket Operations 
at 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material on the 
draft NVIC on Voluntary Inspection of Vessels under the Maritime Labour 
Convention, 2006 and the collection of information associated with the 
issuance of the Statement of Voluntary Compliance, Declaration of 
Maritime Labour Compliance--Part II. All comments received will be 
posted, without change, to https://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-2012-1066) 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 email 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 https://www.regulations.gov and 
use ``USCG-2012-1066'' as your search term. Locate this notice in the 
search results and click the corresponding ``Comment Now'' box to 
submit your comment. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8[frac12] 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.

[[Page 9710]]

    Viewing the comments and draft NVIC: To view the comments and draft 
NVIC, go to https://www.regulations.gov and use ``USCG-2012-1066'' as 
your search term. Use the filters on the left side of the page to 
search the docket for public comments and other documents. 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

    The 94th (Maritime) session of the International Labour Conference 
(ILC) (Geneva, February 2006) adopted the Maritime Labour Convention, 
2006, a new international agreement that consolidates almost all of the 
70 existing International Labour Organization (ILO) maritime labour 
instruments into a single, modern, globally applicable legal 
instrument. The Convention establishes comprehensive minimum 
requirements for working conditions of seafarers, including, among 
other things, conditions of employment, hours of work and rest, 
accommodations, recreational facilities, food and catering, health 
protection, medical care, welfare, and social security protection. It 
combines rights and principles with specific standards and detailed 
guidance on how to implement these standards at the national level. The 
Convention is comprised of three different, but related parts: The 
Articles, the Regulations, and the Code. The Articles and Regulations 
set out the core rights and principles, and the basic obligations of 
members ratifying the Convention. The Code is comprised of a Part A 
(mandatory standards) and a Part B (non-mandatory guidelines).
    To date, the U.S. government has not ratified the Convention. 
Unless and until the U.S. ratifies the Convention, the Coast Guard will 
not enforce Convention requirements on U.S. vessels or foreign vessels 
while on the navigable waters of the U.S.
    Article V, paragraph 7 of the Convention contains a ``no more 
favorable treatment clause,'' which requires the governments of 
ratifying nations to impose Convention requirements on vessels from 
non-ratifying nations. As a result, a U.S. vessel that is not able to 
demonstrate compliance with the Convention may be at risk for Port 
State Control actions (including detention) when operating in a port of 
a ratifying nation.

Draft NVIC

    In order to assist U.S. vessels in avoiding Port State Control 
actions in foreign ports of nations that have ratified the Convention, 
the Coast Guard plans to implement a voluntary compliance inspection 
program and issue Statements of Voluntary Compliance. To promote 
consistency and standardization of Coast Guard policies and procedures, 
this draft NVIC provides guidance to the maritime industry and Coast 
Guard marine inspectors on how the Coast Guard intends to implement 
this new voluntary inspection program. Applicable U.S. vessels are 
highly encouraged to comply with the Convention and obtain Statements 
of Voluntary Compliance.
    We request comments from all interested parties to ensure that the 
full range and significance of issues addressed in the draft NVIC are 
identified.

Collection of Information

    This notice contains a collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 
CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    This notice details a new collection of information. A summary of 
the collection follows.
    Title: Various International Agreement Certificates and Documents.
    OMB Control Number: 1625-new.
    Summary of the Collection: This information collection is 
associated with the Maritime Labour Convention, 2006. The Coast Guard 
plans to establish a voluntary inspection program for vessels wishing 
to document compliance with the requirements of the Convention. U.S. 
commercial vessels that operate on international routes will be 
eligible to participate.
    Need for Information: The information is needed to determine if a 
vessel is in compliance with the Convention.
    Proposed Use of Information: The Coast Guard intends on issuing 
voluntary compliance certificates as proof of compliance with the 
Convention.
    Description of Respondents: Vessel owners and operators.
    Number of Respondents: 1,000.
    Frequency of Response: On occasion. We estimate two responses per 
respondent, one for the Convention application and one for the 
recordkeeping of a Coast Guard-issued Statement of Voluntary 
Compliance.
    Burden of Response: 4.15 hours per respondent.
    Estimate of Total Annual Burden: 4,150 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we will submit a copy of this notice to the Office of 
Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them to the Docket Management Facility where indicated under ADDRESSES, 
by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
notice, OMB would need to approve the Coast Guard's request to collect 
this information.
    This notice is issued under authority of 33 U.S.C. 1221(c)(3) and 5 
U.S.C. 552(a).

    Dated: January 25, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections & Compliance.
[FR Doc. 2013-02956 Filed 2-8-13; 8:45 am]
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