[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37238-37239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14966]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Chapter I

46 CFR Chapter I

[Docket No. USCG-2021-0404]


Cancellation of Obsolete Navigation and Inspection Circulars

AGENCY: Coast Guard, DHS.

ACTION: Announcement of decision.

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SUMMARY: The Coast Guard announces the cancellation of several obsolete 
Navigation and Vessel Inspection Circulars (NVIC). NVICs are guidance 
documents issued by the Coast Guard that do not have the force of law. 
However, NVICs ensure Coast Guard inspections and other regulatory 
actions conducted by field personnel are complete and consistent. 
Similarly, the marine industry and the general public rely on NVICs as 
a way to assess how the Coast Guard will enforce certain regulations or 
conduct various marine safety programs. Thus, it is important that the 
public is made aware when NVICs are cancelled so as to avoid confusion.

DATES: July 15, 2021.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email LCDR Peter Bizzaro, Coast Guard; telephone 202-372-1135, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A Navigation and Vessel Inspection Circular (NVIC) provides 
detailed guidance about the enforcement or compliance with a certain 
Federal marine safety regulations and Coast Guard marine safety 
programs. While NVIC's are non-directive, meaning that they do not have 
the force of law, they are important ``tools'' for complying

[[Page 37239]]

with the law. To best serve the public and maritime industry, the Coast 
Guard is reviewing and actively managing its inspections policy to 
ensure that all published NVICs are consistent with current practices.
    The Coast Guard is issuing this document under 5 U.S.C. 
552(a)(1)(e). This document serves to inform the public about the 
cancellation and removal of certain obsolete and outdated Coast Guard 
NVICs. The Coast Guard wishes to reduce confusion to the public by 
removing NVICs that do not reflect current practices and that 
potentially conflict with more modern guidance.

NVICs Being Repealed

    1. NVIC 09-83 provided guidance on the carriage of charts and 
publications. The regulations it references were amended in June 2001. 
Agencies mentioned in the NVIC no longer provide the services mentioned 
as charts have moved to digital formatting. Current policy can be found 
in the superseding NVIC 01-16.
    2. NVICs 02-97 and 02-97CH-1 provided guidance on the 
implementation of operational measures for existing tank vessels 
without double hulls until 2015. The phase out ended on January 1, 
2015. Since the phase out date of January 1, 2015 has passed the 
guidance no longer applies. Due to the obsolescence of the vessel 
classification this NVIC regulates, there is no longer a need for its 
publication.
    3. NVICs 10-94, 10-94CH-1, and 10-94CH-2 provided guidance for the 
OPA 90 Phase-Out Schedule of single hull vessels carrying oil. The 
phase out ended on January 1, 2015. After January 1, 2015 any vessel 
carrying oil must be double hulled, except for those exceptions under 
46 U.S.C. 3703a (b)(1)-(5). The phase out was final in 2015. Therefore, 
there are no more vessels operating lawfully which would need a 
determination for phase out. This eliminates the need for guidance in 
classifying them.
    4. NVIC 10-83 provides guidance on the procedures for the issuance 
of stability letters to small passenger vessels (SPV) of less than 65'. 
The Coast Guard organizations referenced no longer exist and the SPV 
stability regulations have been updated twice since the date of 
issuance. This NVIC is outdated and confusing to the public. The 
current regulatory requirements for a stability letter can be found in 
46 CFR part 170.
    5. NVIC 00-13 provides guidance on the list of currently applicable 
NVICs as of January 1, 2013. This list is incomplete and outdated. The 
list of currently applicable NVICs has not been updated since January 
1, 2013. The Coast Guard provides all NVICs on its outward facing 
website where each NVIC entry's description indicates whether its 
currently applicable.
    6. NVIC 05-71 provides an index of 46 CFR part 151 under subchapter 
O that concerns barges carrying bulk liquid hazardous material cargoes. 
The subchapter has been altered since the time of the NVIC's release. 
The information in this NVIC is no longer accurate or current. The 
current outline of subchapter O on certain bulk dangerous cargoes can 
be found as part of the eCFR, provided at no cost online.
    7. NVIC 07-99 provides guidance regarding the Coast Guard's policy 
on ensuring maritime safety during the year 2000 (Y2K) date change. The 
year 2000 has passed and this policy is no longer applicable.
    8. NVIC 13-92 provides guidance concerning the delineation of 
Captain of the Port (COTP) zone boundaries throughout the Exclusive 
Economic Zone (EEZ). NVIC 13-92 has out of date geographical limits to 
represent COTP zone boundaries and is obsolete. The current COTP 
boundaries are properly reflected in 33 CFR part 3.

    Dated: June 14, 2021.
W.R. Arguin,
Captain, U.S. Coast Guard, Director of Inspection and Compliance (CG-
5PC).
[FR Doc. 2021-14966 Filed 7-14-21; 8:45 am]
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