Navigation and Vessel Inspection Circular 01-16 Change 2-Use of Electronic Charts and Publications in Lieu of Paper Charts, Maps and Publications
| Published date | 27 May 2020 |
| Citation | 85 FR 31789 |
| Record Number | 2020-11363 |
| Section | Notices |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 85 Issue 102 (Wednesday, May 27, 2020)
[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31789-31791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11363]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2019-0346]
Navigation and Vessel Inspection Circular 01-16 Change 2--Use of
Electronic Charts and Publications in Lieu of Paper Charts, Maps and
Publications
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability.
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SUMMARY: The Coast Guard announces the availability of the Navigation
and Vessel Inspection Circular (NVIC) 01-16 Change 2 issued May 21,
2020, together with a Deregulatory Savings Analysis. The NVIC 01-16
Change 2 allows for U.S.-flagged vessels to use previously downloaded,
electronic copies of Inland Navigation Rules and Vessel Traffic Service
Rules, and to access voyage planning navigation publications
electronically, including through underway connectivity, to meet
domestic carriage and International Convention for the Safety of Life
at Sea certification requirements.
DATES: The NVIC 01-16 Change 2 was issued May 21, 2020.
ADDRESSES: To view NVIC 01-16 Change 2, as well as other documents
mentioned in this notice as being available in the docket, please
search for docket number USCG-2019-0346 on the Federal eRulemaking
Portal at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Please address questions or feedback
concerning this policy to Lieutenant Commander W. Christian Adams,
Office of Navigation Systems, Coast Guard; telephone 202-372-1565,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Abbreviations
CFR Code of Federal Regulations
FR Federal Register
MARPOL International Convention for the Prevention of Pollution from
Ships
NVIC Navigation and Vessel Inspection Circular
SOLAS International Convention for the Safety of Life at Sea
[[Page 31790]]
VTS Vessel Traffic Service
II. Background
Navigation publications are a principal source of voyage planning
information. Mariners use tide tables, the United States Coast Pilot,
local notices to mariners, and other information sources to access
relevant information for a particular transit. Since at least 2010, the
Coast Guard has recognized the carriage of certain navigation
publications electronically on U.S.-flagged vessels as meeting U.S.
domestic regulations and International Convention for the Safety of
Life at Sea (SOLAS) certificate requirements. This is an acceptance of
common industry practice.
In response to recommendations from the Navigation Safety Advisory
Council and the public, the Coast Guard is updating its policy on
electronic carriage of the Inland Navigation Rules, Vessel Traffic
Service (VTS) Rules, and navigation publications in general. Currently,
the Coast Guard, the National Oceanic and Atmospheric Administration,
and the National Geospatial-Intelligence Agency provide marine safety
information in an updated electronic format, some of which is graphical
and geographically selectable. Electronic devices (both hardware and
software) have improved such that a mariner can efficiently access
navigation publications when needed.
Furthermore, the Coast Guard recognizes that the maritime industry
and mariners in general have made substantial investments to ensure
vessels maintain internet connectivity, even while underway. Because
mariners use certain navigation publications primarily for voyage
planning purposes, the Coast Guard recognizes the practicality of
accessing required navigation information via the internet on an as-
needed basis, versus keeping a publication or extract onboard. To
encourage the use of electronic voyage planning products, the Coast
Guard is providing the option for vessels to meet certain publication
carriage requirements via internet access.
Therefore, we are revising Navigation and Vessel Inspection
Circular (NVIC) 01-16 Change 1 and issuing Change 2 to allow
publications required by the Code of Federal Regulations (CFR) Title 33
(parts 83, 161, and 164) and Title 46 (parts 26, 28, 78, 97, 109, 121,
130, 140, 184, and 196), and the SOLAS Chapter V Regulation 27 to be
carried electronically, with the majority of publications accessed via
web services. However, if a mariner chooses to use an electronic
version of the Inland Navigation Rules and VTS Rules, which are
designated as ``ready reference'' in 33 CFR 83.01(g) and 161.4, the
mariner must be able to display ready reference current electronic
editions on their electronic device without internet connectivity by
producing a previously downloaded copy.
III. Summary of Public Comments and Changes
On September 20, 2019, the Coast Guard published a Notice of
Availability of Navigation and Vessel Inspection Circular 01-16 Change
2--Use of Electronic Charts and Publications in Lieu of Paper Charts,
Maps and Publications (84 FR 49545) that sought public comments on any
concerns related to these proposed policy changes and the supporting
economic analysis. After the public comment period closed on November
4, 2019, the Coast Guard reviewed and analyzed the comments contained
in the six public submissions received. Below we summarize and respond
to these public comments.
Subchapter T inspection checklist: One commenter suggested that we
amend the NVIC to address carriage of 46 CFR parts 166 to 199 in
electronic or paper version because a subchapter T inspection checklist
recommends that those parts be carried on board. Although 46 CFR parts
166 to 199 may be carried on board in electronic or paper versions in
response to the checklist recommendations, this NVIC Change 2 is meant
to address the carriage of navigation-related publications that are
required by certain parts of CFR titles 33 and 46 to be carried on
board. Since 46 CFR parts 166 through 199 are not required to be
carried on board, they are not addressed in this NVIC. The Coast Guard
did not revise the NVIC Change 2 in response to this comment.
Training courses on use of electronic publications: The same
commenter suggested that the Coast Guard address mariner credentialing
in the NVIC Change 2, and, specifically, recommend training courses and
programs that are permitted and encouraged to train students in the use
of electronic publications. Another commenter recommended that approved
mariner credentialing courses and programs be permitted to train
students in the use of electronic publications, including the
applicable CFR sections. The scope and intent of this NVIC Change 2 is
to provide voluntary equivalency for the purposes of carriage
requirements between paper and electronic charts and publications
required for navigation. It is not meant to prescribe the use of
certain courses or programs, or the content of maritime courses and
programs. For this reason, the Coast Guard did not revise the NVIC
Change 2 in response to this comment. However, we are forwarding the
recommendations regarding courses on the use of electronic publications
to the Coast Guard's Office of Merchant Mariner Credentialing for their
consideration.
Ready reference requirements: Two commenters raised concerns about
the NVIC interpreting the ``ready reference'' requirements of the CFR
for certain publications as meaning displayable within 2 minutes. One
of the commenters believed it was arbitrary and could lead to
unwarranted penalties for mariners during the Coast Guard's marine
safety inspections and boardings. The commenter recommended that
Section 4 of NVIC 01-16 Change 2 Memo be amended to read, ``To be
eligible for the electronic charts and publications equivalency under
this NVIC, mariners must be able to access the Inland Navigation Rules
via the internet or produce a downloaded copy on their electronic
device within a reasonable amount of time of the request of the
boarding officer or marine inspector under the given circumstances.''
In addition, the commenter recommended that Section F.1 of Enclosure
(2) to NVIC 01-16 also be revised to read, ``For publications stored or
accessed electronically and which must be available for ready
reference, the publications must be displayable within a reasonable
amount of time under the given circumstances.''
We disagree with changing the standard to being able to display the
publication within a reasonable amount of time. Section 83.01 of 33 CFR
requires that the Inland Navigation Rules be carried as ``ready
reference'' on board each self-propelled vessel 12 meters or more in
length. Similarly, 33 CFR 161.4 requires each VTS user to carry on
board and maintain for ready reference a copy of the VTS Rules.
Practical use and reference to the Inland Navigation Rules and VTS
Rules while underway may be directly related to a situation with
vessels meeting, as well as navigation or communication requirements
within VTS areas. A delay in accessing these rules is a safety concern.
For this reason, we cannot amend the standard to ``within a reasonable
amount of time.'' However, we are amending NVIC 01-16 Change 2 to
require that, if an electronic version is to be used, those
publications designated as ``ready reference'' be
[[Page 31791]]
previously downloaded so as to be accessible without internet
access.\1\
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\1\ This was the only substantive change to NVIC 01-16 Change 2
we made from the version we posted in the docket when we invited
comments in September 2019.
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Without the traditional requirements of having a paper copy on
board a vessel, the proposed 2-minute standard was intended to set a
reasonable limit on how ``ready reference'' could be interpreted for an
electronic version that comes from a computer drive or the internet.
The proposed time standard was also meant to reduce the inherent and
unavoidable variation which results from marine inspections being
conducted by many different inspectors with a variety of backgrounds
and experience. We have not set such a specific time duration standard
for paper copies in 33 CFR 83.01 or 161.4, and, if we are to introduce
such a standard for the electronic equivalent, that would best be done
by amending those regulations. If a maximum time period is to be
established to access ``ready reference'' publications, it should apply
equally whether the rules are viewed on a printed page or an electronic
screen.
In terms of the time it takes to display an electronic version of
the publication, the ``ready reference'' standard applies to an
electronic version as if it were a paper version of the publication on
a vessel. In consideration of the decision to allow ``carriage via
internet access,'' the Coast Guard recognizes that many of the
navigation publications required to be carried are used primarily for
voyage planning. These publications must be current and accessible, but
not ready reference.
Depending on vessel heading, masts or other topside obstructions
may block antennas from receiving a signal. Additionally, connectivity
may be intermittent or unavailable for short durations of a voyage.
This temporary unavailability may not interfere with voyage planning
activities, but even brief periods of unavailability could result in an
unacceptable delay in accessing the Inland Navigation Rules and VTS
Rules that are required to be ready reference. Maintaining downloaded
copies will also ensure continuous access while maneuvering through
close quarters situations when these ready reference publications may
be most needed.
It should be noted that NVIC 01-16 Change 2 provides a voluntary
equivalency for the purposes of carriage requirements between paper and
electronic charts, and between paper and electronic versions of the
Inland Navigation Rules and VTS Rules required for navigation. Vessel
operators may continue to meet carriage requirements for all
publications, including VTS Rules and the Inland Navigation Rules, in
the traditional fashion by maintaining a paper (hard copy) reference.
Publication subscription service: Another commenter suggested that
his company could sell a specific subscription service that provides
up-to-date electronic versions of all the publications required for the
purpose of carriage, but they were unable to obtain Coast Guard
approval for this service at the time it was originally proposed. The
Coast Guard does not require the use of any fee-based service to access
these rules and publications. Nor does the Coast Guard prohibit the
establishment of fee-based services to aid with the carriage of
publications. However, all publications required for carriage under the
CFR titles referenced by this NVIC are available free of charge from
their respective governmental agencies' public websites.
Citing an example of issues his company encountered relating to
providing printed oil record books, the same commenter stated that
there is a need for the Coast Guard to clearly state what it wants with
respect to this NVIC Change 2. We believe that the NVIC 01-16 Change 2
policy is very clearly written, so that companies seeking to offer
products to enable mariners to use electronic charts and publications,
as well as Coast Guard inspectors, will understand exactly what is
required to meet NVIC 01-16 Change 2 equivalency standards. Regarding
the commenter's example, we note that oil record books, which are
required under the International Convention for the Prevention of
Pollution from Ships (MARPOL) Annex I, and 33 CFR part 151, are outside
the scope of this NVIC. The Coast Guard did not revise the NVIC Change
2 in response to this comment.
Support for proposed action: Two other commenters were supportive
of the proposed NVIC announced in September 2019 and of allowing
certain navigation publications to be accessed electronically.
The Coast Guard appreciates all the comments received. We will
continue to study this issue in light of the comments received and our
experience with mariners' implementation of this policy before issuing
other notices or policy letters on this matter.
IV. Cost Savings Analysis
The Coast Guard prepared a Deregulatory Savings Analysis for the
September 2019 initial notice of availability of NVIC 01-16 Change 2
that identified and examined the potential costs and cost savings
associated with implementing the new equivalency determination for
carriage. The Coast Guard received no comments on this analysis, but we
did receive comments on the NVIC that caused us to change our ready
reference equivalency standard. Changing this standard impacts the
estimated cost savings. Additionally, the Coast Guard identified
typographical and other grammatical errors that have been corrected in
the final version along with updating the cost savings estimates based
on the changes to the final notice. This analysis is available in the
docket, where indicated under the ADDRESSES portion of this document.
V. Public Availability of NVIC 01-16 Change 2
A version of NVIC 01-16 Change 2 with an issue date of May 21,
2020, will be placed in the docket for this notice. Also, NVIC 01-16
Change 2 will be located on the following Commandant website: https://www.dco.uscg.mil/Our-Organization/NVIC/. This version contains the
NVIC's enclosures--Enclosure (1), Equivalency determination for
``Marine Charts,'' ``Charts,'' or ``Maps;'' ``Publications;'' and
navigation functions; and Enclosure (2), Guidelines for inspecting and
using electronic charts and publications.
Dated: May 21, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2020-11363 Filed 5-26-20; 8:45 am]
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