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

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[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 https://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 https://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