[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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