Final Guidance Regarding Voluntary Inspection of Vessels for Compliance With the Maritime Labour Convention, 2006, 47716-47717 [2013-18897]

Download as PDF 47716 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices Closed: September 09, 2013, 8:30 a.m. to 10:00 a.m. Agenda: To review and evaluate grant applications and/or proposals. Place: National Institutes of Health, Terrace Level Conference Room, 5635 Fishers Lane, Rockville, MD 20892. Open: September 09, 2013, 10:00 a.m. to 4:00 p.m. Agenda: To discuss matters of program relevance. Place: National Institutes of Health, Terrace Level Conference Room, 5635 Fishers Lane, Rockville, MD 20892. Closed: September 10, 2013, 8:00 a.m. to 3:00 p.m. Agenda: To review and evaluate grant applications and/or proposals. Place: Smithsonian National Museum of Natural History, 10th Street & Constitution Avenue NW., Washington, DC 20560. Contact Person: Comfort Browne, Program Assistant, Division of Extramural Research, National Human Genome Research Institute, 5635 Fishers Lane, Room 4076, Rockville, MD 20892–9305, 301–496–7531, cbrowne@mail.nih.gov. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. Information is also available on the Institute’s/Center’s home page: http:// www.genome.gov/11509849, where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS) Dated: July 31, 2013. David Clary, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2013–18894 Filed 8–5–13; 8:45 am] BILLING CODE 4140–01–P Coast Guard [Docket No. USCG–2012–1066] Final Guidance Regarding Voluntary Inspection of Vessels for Compliance With the Maritime Labour Convention, 2006 Coast Guard, DHS. Notice of availability . AGENCY: The Coast Guard announces the availability of Navigation and Vessel Inspection Circular (NVIC) 02–13, 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 (MLC or Convention). The Convention enters into force on August tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:47 Aug 05, 2013 A. Viewing the NVIC and Public Comment Matrix To view the NVIC, public comment matrix, and comments mentioned in this notice as being available in the docket, please go to http:// www.regulations.gov, and follow the instructions on that Web site. 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. B. Background and Purpose DEPARTMENT OF HOMELAND SECURITY ACTION: 20, 2013. The purpose of NVIC 02–13 is to 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. The Coast Guard finalized NVIC 02–13 after considering public comments received in response to our publication of a draft version of NVIC 02–13 in the Federal Register on February 11, 2013. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Lieutenant Commander Christopher Gagnon, Coast Guard at cgcvc-1@uscg.mil; telephone 202–372– 1224. If you have questions on viewing material in the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMETARY INFORMATION: Jkt 229001 The 94th (Maritime) session of the International Labour Conference (Geneva, February 2006) adopted the MLC, a new international agreement that consolidates almost all of the 70 existing International Labour Organization 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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. Government ratifies the Convention, the Coast Guard cannot 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 voluntary compliance with the standards of the Convention may be at risk for Port State Control actions (including detention) when operating in a port of a ratifying nation. To assist owners and operators of U.S. vessels in avoiding these risks, NVIC 02–13 sets forth guidance on a voluntary inspection program for vessel owners/ operators who wish to document compliance with the standards of the MLC. U.S. commercial vessels that operate on international routes, meaning those vessels that will enter the ports of countries that are parties to the MLC, are encouraged to participate. Those vessels not engaging on international voyages are not affected. In finalizing NVIC 02–13, the Coast Guard utilized measures identified in the MLC, including determinations that vessels will be deemed compliant with the MLC based on evidence of their compliance with substantially equivalent U.S. laws, regulations and other measures. The Coast Guard’s use of such equivalencies is intended to help vessels streamline their compliance efforts so that, where appropriate, a vessel’s compliance with domestic requirements also meets the standards of the MLC. Should the U.S. Government ratify the MLC, its applicability may cover a broader population of vessel owners/ operators than that addressed in NVIC 02–13. At that time, the Coast Guard would consider whether new or revised guidance is necessary. C. Final NVIC and Response To Comments On February 11, 2013, the Coast Guard published a notice in the Federal Register announcing the availability of a draft NVIC 02–13 and requesting public comments. (See 78 FR 9709). E:\FR\FM\06AUN1.SGM 06AUN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices We received 29 comment letters in response to the February 11, 2013 Federal Register notice. These comment letters contained a total of approximately 200 recommendations, suggestions, and other comments. We have created a document that provides a summary of each comment and the corresponding Coast Guard response. A copy of this public comment matrix is available for viewing in the public docket for this notice. You may access the docket by going to http:// www.regulations.gov, using ‘‘USCG– 2012–1066’’ as your search term, and following the instructions in the ADDRESSES section above. The basic ideas and principles encompassed in draft NVIC 02–13 remain. The Coast Guard has made some changes from the draft NVIC to the final version based on public comments. 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 urging us to incorporate ‘‘substantial equivalencies’’ so that vessels can demonstrate that they meet the requirements of the MLC via their compliance with equivalent U.S. laws, regulations and other measures. The Coast Guard agrees that the Convention authorizes the use of national laws or other measures conforming to the MLC requirements to demonstrate compliance with the standards of the Convention. We have amended the NVIC, where applicable, to include such equivalencies. (2) Several commenters mentioned that the MLC definition of the term ‘‘seafarer’’ is very broad and can be unclear to a ship operator. For example, they stated that in the offshore mineral/ energy sector, vessels host many types of personnel that are neither credentialed nor traditional mariners, and therefore, should not be covered by the MLC requirements. In response, we have added a separate definitions enclosure to NVIC 02–13, which provides guidance on the term ‘‘seafarer’’ consistent with ILO Resolution VII, Concerning Information on Occupational Groups. (3) A number of commenters requested either clarification or deletion of the Job Aid enclosure we included with draft NVIC 02–13. Specifically, these commenters stated that the Job Aid unnecessarily duplicated other parts of the NVIC and did not adequately address equivalencies to meet MLC standards. After considering VerDate Mar<15>2010 19:47 Aug 05, 2013 Jkt 229001 these comments, we have removed the Job Aid from NVIC 02–13. (4) One commenter was concerned that the draft NVIC did not provide adequate guidance on how to meet the MLC standards for ships cook competency. To address this concern, we have provided a separate enclosure to the NVIC that clarifies MLC guidance on this issue. (5) Commenters also raised concerns that the draft NVIC did not provide enough guidance regarding two issues: on board complaint procedures; and how to determine what types of activities would be considered hazardous to seafarers under the age of 18. To address these concerns, we have added separate enclosures that provide additional guidance on these issues. NVIC 02–13 contains a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) (PRA). This collection of information has been submitted to the Office of Management and Budget (OMB) for review in accordance with the PRA. An agency may not conduct a collection of information unless the collection of information displays a valid control number assigned by OMB. You do not need to 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 referenced in this notice, OMB would need to approve the Coast Guard’s pending request to collect this information. Authority This notice is issued under authority of 33 U.S.C. 1221(c)(3) and 5 U.S.C. 552(a). Dated: July 30, 2013. Joseph A. Servidio, Rear Admiral, U.S. Coast Guard, Assistant Commandant, Prevention Policy. [FR Doc. 2013–18897 Filed 8–5–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5720–N–01] The Violence Against Women Reauthorization Act of 2013: Overview of Applicability to HUD Programs Office of the Secretary, HUD. Notice. AGENCY: ACTION: This notice provides an overview of the applicability to HUD programs of the recently enacted Violence Against Women SUMMARY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 47717 Reauthorization Act of 2013. The 2013 law expands the number of HUD programs subject to the statute’s protections beyond HUD’s public housing and section 8 tenant-based and project-based programs. This notice highlights the key changes made by this statute, lists the HUD programs now covered by this statute, provides an overview of key provisions applicable to HUD programs, and advises of HUD’s plans to issue rules or guidance on this new law. This notice is not program guidance for any individual HUD program covered by the new law. HUD will issue guidance and/or rules, as may be applicable, for covered programs at a later date. This notice is issued to provide an overview of the Violence Against Women Reauthorization Act of 2013, and alert HUD’s program participants to the provisions applicable to HUD programs. In addition to providing an overview, this notice seeks comment from HUD program participants and other interested members of the public on certain issues. Comments received in response to this solicitation will aid HUD in developing additional guidance and regulations. DATES: Comment Due Date: October 7, 2013. ADDRESSES: Interested persons are invited to submit comments regarding this notice to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410–0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the docket number and title above. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410–0500. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and E:\FR\FM\06AUN1.SGM 06AUN1

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[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47716-47717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18897]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-1066]


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability .

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

SUMMARY: The Coast Guard announces the availability of Navigation and 
Vessel Inspection Circular (NVIC) 02-13, 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 (MLC or Convention). The Convention enters into force on August 
20, 2013. The purpose of NVIC 02-13 is to 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. The Coast Guard finalized NVIC 02-13 after 
considering public comments received in response to our publication of 
a draft version of NVIC 02-13 in the Federal Register on February 11, 
2013.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Commander Christopher Gagnon, Coast Guard at 
cg-cvc-1@uscg.mil; telephone 202-372-1224. If you have questions on 
viewing material in the docket, call Barbara Hairston, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMETARY INFORMATION: 

A. Viewing the NVIC and Public Comment Matrix

    To view the NVIC, public comment matrix, and comments mentioned in 
this notice as being available in the docket, please go to http://www.regulations.gov, and follow the instructions on that Web site. 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.

B. Background and Purpose

    The 94th (Maritime) session of the International Labour Conference 
(Geneva, February 2006) adopted the MLC, a new international agreement 
that consolidates almost all of the 70 existing International Labour 
Organization 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. Government ratifies the Convention, the Coast 
Guard cannot 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 voluntary 
compliance with the standards of the Convention may be at risk for Port 
State Control actions (including detention) when operating in a port of 
a ratifying nation.
    To assist owners and operators of U.S. vessels in avoiding these 
risks, NVIC 02-13 sets forth guidance on a voluntary inspection program 
for vessel owners/operators who wish to document compliance with the 
standards of the MLC. U.S. commercial vessels that operate on 
international routes, meaning those vessels that will enter the ports 
of countries that are parties to the MLC, are encouraged to 
participate. Those vessels not engaging on international voyages are 
not affected.
    In finalizing NVIC 02-13, the Coast Guard utilized measures 
identified in the MLC, including determinations that vessels will be 
deemed compliant with the MLC based on evidence of their compliance 
with substantially equivalent U.S. laws, regulations and other 
measures. The Coast Guard's use of such equivalencies is intended to 
help vessels streamline their compliance efforts so that, where 
appropriate, a vessel's compliance with domestic requirements also 
meets the standards of the MLC.
    Should the U.S. Government ratify the MLC, its applicability may 
cover a broader population of vessel owners/operators than that 
addressed in NVIC 02-13. At that time, the Coast Guard would consider 
whether new or revised guidance is necessary.

C. Final NVIC and Response To Comments

    On February 11, 2013, the Coast Guard published a notice in the 
Federal Register announcing the availability of a draft NVIC 02-13 and 
requesting public comments. (See 78 FR 9709).

[[Page 47717]]

    We received 29 comment letters in response to the February 11, 2013 
Federal Register notice. These comment letters contained a total of 
approximately 200 recommendations, suggestions, and other comments. We 
have created a document that provides a summary of each comment and the 
corresponding Coast Guard response. A copy of this public comment 
matrix is available for viewing in the public docket for this notice. 
You may access the docket by going to http://www.regulations.gov, using 
``USCG-2012-1066'' as your search term, and following the instructions 
in the ADDRESSES section above.
    The basic ideas and principles encompassed in draft NVIC 02-13 
remain. The Coast Guard has made some changes from the draft NVIC to 
the final version based on public comments. 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 urging us to incorporate 
``substantial equivalencies'' so that vessels can demonstrate that they 
meet the requirements of the MLC via their compliance with equivalent 
U.S. laws, regulations and other measures. The Coast Guard agrees that 
the Convention authorizes the use of national laws or other measures 
conforming to the MLC requirements to demonstrate compliance with the 
standards of the Convention. We have amended the NVIC, where 
applicable, to include such equivalencies.
    (2) Several commenters mentioned that the MLC definition of the 
term ``seafarer'' is very broad and can be unclear to a ship operator. 
For example, they stated that in the offshore mineral/energy sector, 
vessels host many types of personnel that are neither credentialed nor 
traditional mariners, and therefore, should not be covered by the MLC 
requirements. In response, we have added a separate definitions 
enclosure to NVIC 02-13, which provides guidance on the term 
``seafarer'' consistent with ILO Resolution VII, Concerning Information 
on Occupational Groups.
    (3) A number of commenters requested either clarification or 
deletion of the Job Aid enclosure we included with draft NVIC 02-13. 
Specifically, these commenters stated that the Job Aid unnecessarily 
duplicated other parts of the NVIC and did not adequately address 
equivalencies to meet MLC standards. After considering these comments, 
we have removed the Job Aid from NVIC 02-13.
    (4) One commenter was concerned that the draft NVIC did not provide 
adequate guidance on how to meet the MLC standards for ships cook 
competency. To address this concern, we have provided a separate 
enclosure to the NVIC that clarifies MLC guidance on this issue.
    (5) Commenters also raised concerns that the draft NVIC did not 
provide enough guidance regarding two issues: on board complaint 
procedures; and how to determine what types of activities would be 
considered hazardous to seafarers under the age of 18. To address these 
concerns, we have added separate enclosures that provide additional 
guidance on these issues.
    NVIC 02-13 contains a collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA). This collection of 
information has been submitted to the Office of Management and Budget 
(OMB) for review in accordance with the PRA. An agency may not conduct 
a collection of information unless the collection of information 
displays a valid control number assigned by OMB. You do not need to 
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 referenced in this notice, OMB would need to 
approve the Coast Guard's pending request to collect this information.

Authority

    This notice is issued under authority of 33 U.S.C. 1221(c)(3) and 5 
U.S.C. 552(a).

    Dated: July 30, 2013.
Joseph A. Servidio,
Rear Admiral, U.S. Coast Guard, Assistant Commandant, Prevention 
Policy.
[FR Doc. 2013-18897 Filed 8-5-13; 8:45 am]
BILLING CODE 9110-04-P