80_FR_32016 80 FR 31909 - Change-1 to Navigation and Inspection Circular 01-13, Inspection and Certification of Vessels Under the Maritime Security Program

80 FR 31909 - Change-1 to Navigation and Inspection Circular 01-13, Inspection and Certification of Vessels Under the Maritime Security Program

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range31909-31912
FR Document2015-13668

The Coast Guard announces the availability of Change-1 to Navigation and Vessel Inspection Circular (NVIC) 01-13, Inspection and Certification of Vessels Under the Maritime Security Program (MSP). The MSP serves as a means for establishing a fleet of commercially viable and militarily useful vessels to meet national defense as well as other security requirements. NVIC 01-13 provides guidance to assist vessel owners/ operators, Authorized Classification Societies, and Coast Guard personnel with the inspection and certification of vessels under the MSP. This Change clarifies the process for the issuance of the Certificate of Documentation (COD) to the vessel during the reflag process, adds a note to the equivalency provisions for inspection of MSP vessels subsequent to initial certification, clarifies the trial period requirements for automated systems in machinery spaces, includes interim provisions for those vessels seeking to operate with minimally attended or periodically unattended machinery spaces, and makes other technical changes to NVIC 01-13.

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015)
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31909-31912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13668]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-1156]


Change-1 to Navigation and Inspection Circular 01-13, Inspection 
and Certification of Vessels Under the Maritime Security Program

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of Change-1 to 
Navigation and Vessel Inspection Circular (NVIC) 01-13, Inspection and 
Certification of Vessels Under the Maritime Security Program (MSP). The 
MSP serves as a means for establishing a fleet of commercially viable 
and militarily useful vessels to meet national defense as well as other 
security requirements. NVIC 01-13 provides guidance to assist vessel 
owners/

[[Page 31910]]

operators, Authorized Classification Societies, and Coast Guard 
personnel with the inspection and certification of vessels under the 
MSP. This Change clarifies the process for the issuance of the 
Certificate of Documentation (COD) to the vessel during the reflag 
process, adds a note to the equivalency provisions for inspection of 
MSP vessels subsequent to initial certification, clarifies the trial 
period requirements for automated systems in machinery spaces, includes 
interim provisions for those vessels seeking to operate with minimally 
attended or periodically unattended machinery spaces, and makes other 
technical changes to NVIC 01-13.

DATES: Change-1 to NVIC 01-13 is effective as of June 4, 2015]. The 
owner/operator may request an amended Certificate of Inspection to 
align with Change-1 to NVIC 01-13 at the next scheduled Coast Guard 
attendance. Documents discussed in this notice should be available in 
the online docket within three business days of today's publication.

ADDRESSES: To view the documents mentioned in this notice go to http://www.regulations.gov and use ``USCG-2011-1156'' as your search term. 
Locate this notice in the search results, and use the filters on the 
left side of the page to locate specific documents by type. 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.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Lieutenant Corydon Heard, Office of Commercial Vessel 
Compliance (CG-CVC), U.S. Coast Guard; telephone 202-372-1208, email 
[email protected]. For information about viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826, toll free 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    NVIC 01-13 provides uniform process guidance to assist vessel 
owners/operators, authorized classification societies, and Coast Guard 
personnel regarding the MSP. Vessels that meet MSP eligibility criteria 
may obtain a Certificate of Inspection (COI) by following the 
procedures and guidelines detailed in NVIC 01-13. NVIC 01-13 was first 
published in February 2013. As part of the first annual review, the 
Coast Guard considered policy guidance enhancements in order to better 
facilitate the transition of vessels to U.S. registry under the MSP. 
The Coast Guard published a notice in the Federal Register announcing 
the availability of the draft changes to NVIC 01-13 and requested 
public comments (79 FR 35177, June 19, 2014). Specifically, these draft 
changes clarified the process for the issuance of the Certificate of 
Documentation (COD) to the vessel during the reflag process, added a 
note to the equivalency provisions for inspection of MSP vessels 
subsequent to initial certification, clarified the trial period 
requirements for automated systems in machinery spaces, and included 
interim provisions for those vessels seeking to operate with minimally 
attended or periodically unattended machinery spaces (MAMS/PUMS), which 
do not otherwise meet the requirements of 46 CFR 62.50-20 and/or 62.50-
30 (as appropriate).
    We received eight public comment responses to the June 19, 2014, 
Federal Register notice. In addition to several general comments, these 
responses contained numerous specific recommendations, suggestions, and 
other remarks. We have created a comment matrix that provides a summary 
of each specific comment and the corresponding Coast Guard response; 
the comment matrix also lists and explains changes made by the Coast 
Guard but not prompted by public comments. A copy of this public 
comment matrix is available for viewing in the public docket for this 
notice. For more detailed information, please consult the actual public 
comment letters in the docket. You may access the docket going to 
http://www.regulations.gov, using ``USCG-2011-1156'' as your search 
term, and following the instructions in the ADDRESSES section above.
    The basic framework of the draft Change-1 to NVIC 01-13 described 
above is retained in the final version. The Coast Guard has made some 
changes from the draft version of Change-1 to NVIC 01-13 to the final 
version based on the public comments. All changes are underlined in the 
final version and each changed page is annotated with CH-1 in the 
footer. We note that several commenters recommended the establishment 
of a working group to address MSP inspection issues. While the Coast 
Guard welcomes public input and will continue to champion a transparent 
and pragmatic approach which factors industry concerns, we believe that 
the current process of issuing draft policy documents and incorporating 
public input is the best means of policy development at this time. Some 
commenters raised general concerns and objections over several key 
aspects of NVIC 01-13. A discussion of these general concerns is 
included below, while responses to specific technical issues are 
contained in the supplementary material available in the docket.
    The Coast Guard received several comments asserting that NVIC 01-13 
is inconsistent with the purpose and plain language of the MSP law. 
Specifically, commenters suggested that pursuant to 46 U.S.C. 53102(e), 
a vessel is eligible to receive a COI as long as the vessel continues 
to comply with international agreements and the associated guidelines 
of the vessel's prior flag State. Commenters contested the 
applicability of Title 46, Code of Federal Regulations (CFR) by arguing 
that vessels in the MSP are solely regulated under applicable 
international agreements (e.g., SOLAS) and Classification Society 
rules, specifically with regard to the manning and watchkeeping 
requirements for periodically unattended machinery space (PUMS). 
Commenters stated that to the extent that the CFR requirements differ 
from international conventions and class society rules, they are 
contrary to the statute.
    While we concur that the international agreements are applicable, 
we disagree concerning the non-applicability of domestic regulations to 
vessels in the MSP. Sections 53102(e)(1)(A) and (B) of 46 U.S.C. 
specifically address the basis for accepting foreign construction and 
equipment standards for the physical ship as a condition for receiving 
a COI. The MSP law establishes broad equivalencies, rather than an 
exemption, for equipment and provisioning required by U.S. regulations 
at reflag. The MSP law does not require the vessel's systems to be 
modified in order to meet U.S. equipment carriage requirements. 
Compliance with classification society rules and the previous flag's 
laws serve as evidence that the vessel is eligible for reflagging and 
issuance of its initial COI. The intent of the MSP COI endorsement is 
to identify this equivalency for equipment and provisioning. 
Furthermore, the Coast Guard generally will not require the 
installation of additional equipment as a condition of holding the COI 
once it was initially issued. However, the statute is silent

[[Page 31911]]

with regard to operational matters such as manning, watchstanding, 
record keeping, periodic inspections and casualty reporting.
    Unlike the design and equipment requirements needed to obtain a 
COI, manning and watchstanding provisions, as well as other operational 
requirements (logbooks, cargo authorities, inspection intervals and 
certification rules), are described in the various CFR subchapters 
depending on the vessel type. These regulations apply to MSP ships as 
they would to any U.S. flag vessel depending on route and service, and 
serve as the U.S. interpretations of the IMO international instruments 
since these international regulations intentionally leave many areas to 
``the satisfaction of the administration.'' These regulations include 
provisions for an optional reduction in manning and/or discretionary 
authorization for a PUMS. Considering the flexibility afforded by the 
applicable IMO international instruments, especially in the area of 
manning, operations, and the scope of flag administration inspections, 
the Coast Guard recognized the need for consistent MSP inspection 
procedures for vessel owners, class societies, and marine inspectors, 
and therefore published NVIC 01-13. Accordingly, the procedural 
guidance provided in NVIC 01-13 does not establish any original or new 
requirements, but clarifies the applicability of existing regulations, 
while incorporating previous and long standing policies.
    Some commenters expressed concern that NVIC 01-13 is inconsistent 
with prior Coast Guard practice and assert that any change in 
interpretation and formal imposition of new substantive requirements 
require a rulemaking under the Administrative Procedure Act (APA). The 
commenters argue that NVIC 01-13 imposes new substantive requirements 
on MSP operators, and that the Coast Guard has not followed the 
informal rulemaking process of the APA in enacting it. This, the 
commenters argue, should invalidate the NVIC, pursuant to Alaska 
Professional Hunters Ass'n v. Federal Aviation Administration, 177 F.3d 
1030 (D.C. Cir. 1992). Specifically, the commenters argue that previous 
policy guidance stated that MSP vessels will be inspected under special 
provisions, except that ``new installations or modifications to 
existing systems shall conform to the Coast Guard's interpretation of 
international regulations,'' without specifying the meaning of 
``interpretation''; while the new policy guidance contained in NVIC 01-
13 indicated that the Coast Guard's interpretation of international 
regulation meant compliance with the requirements in Title 46 of the 
CFR.
    We note that Alaska Hunters' reasoning was overturned by the U.S. 
Supreme Court recently in Perez v. Mortgage Bankers Association (March 
9, 2015). Beyond that, we disagree with this argument on two counts. 
First, the Coast Guard provided notice and an opportunity to comment on 
this guidance document, and carefully considered the comments received. 
The Coast Guard published a draft version of NVIC 01-13 for public 
comment in the Federal Register on January 19, 2012 (77 FR 2741) and 
the final version on February 28, 2013 (78 FR 13691). Similarly, the 
draft version of this change to the NVIC was published in the Federal 
Register on June 19, 2014 (79 FR 35177), and public comments are being 
addressed in this notice.
    Second, the commenter made this argument in relation to a request 
for reduced manning requirements for a PUMS. With regard to the manning 
requirements at issue, NVIC 01-13 does not introduce new policies, but 
merely clarifies existing policies and, in fact, the changes provide 
additional flexibility for operators in compliance options.
    Notwithstanding the commenter's arguments, the Coast Guard's 
procedural guidance and interpretations of MSP law have been consistent 
with respect to the installation or modification to existing systems, 
since the publication of MOC Policy Letter 1-97, Reflag Inspection and 
Certification of Vessels Under the Maritime Security Program (MSP). 
Prior to the issuance of NVIC 01-13, we stated that, with respect to 
the installation or modification to existing systems, such systems must 
be replaced with equipment that meets Coast Guard standards (that is, 
the standards in Title 46 of the CFR). This guidance is clearly stated 
in the Marine Safety Manual, where we stated that ``[a] reduction in 
manning due to engine automation must be approved and tested as 
satisfactory in accordance with U.S. regulations [emphasis added].'' 
\1\ Furthermore, the Coast Guard has applied this guidance to other 
vessels prior to the promulgation of NVIC 01-13. For example, in 2010, 
the Coast Guard denied an appeal regarding the MV HONOR's firefighting 
system for unattended machinery spaces. In our response, we stated that 
``The HONOR is not required to change the hardware of its accepted [by 
the classification society] fire fighting system as a condition of 
holding a COI. It is only a requirement if the plan is to maintain the 
vessel's periodically unattended machinery space designation.'' \2\ 
NVIC 01-13 merely reiterates this existing guidance. Accordingly, it is 
the view of the Coast Guard that NVIC 01-13 does not represent a 
substantive alteration or supersede the previous policy 
interpretations.
---------------------------------------------------------------------------

    \1\ Marine Safety Manual, vol. II, p. B1-15.
    \2\ Letter to C.R. Cushing and Company, January 25, 2010.
---------------------------------------------------------------------------

    In NVIC 01-13, the Coast Guard has sought to provide additional 
flexibility in respect to the replacement of equipment ``in kind'' as 
well as for the proposed acceptance of certain design and technical 
specifications meeting existing classification society rules as 
equivalent for the purposes of MSP. This posture has been consistently 
evident in legacy Coast Guard policies, such as PCV Policy Letter 06-06 
Guidance for Ships Reflagged under the Maritime Security Program 
Participating in the Underwater Survey in Lieu of Drydocking (UWILD) 
Program. NVIC 01-13 has further provided flexibility for vessels 
transitioning to U.S. registry under the MSP to participate in elective 
programs such as UWILD and PUMS while coming into compliance with Coast 
Guard measures designed to enhance the safety of U.S. mariners.
    Several commenters recommended that for PUMS, the Coast Guard 
should accept foreign non-Coast Guard approved equipment and systems 
that comply with the applicable international conventions as determined 
by the previous flag state's guidelines provided the vessel's 
automation and remote population system are in accordance with SOLAS, 
the previous flag state's requirements, and the vessel's classification 
society's rules.
    As previously noted, the Coast Guard generally will not require the 
installation of additional equipment as a condition of holding a COI 
once it was initially issued. For example, under MSP the Coast Guard 
accepts an attestation from the classification society stating that the 
automation systems (i.e., power management system, propulsion control 
system, dynamic positioning system, centralized machinery monitoring 
and control system, etc.) are designed to meet the failsafe 
requirements of SOLAS (see NVIC 01-13, Enclosure (2) Section 1.1.3). By 
contrast, the requirements and authorization to electively operate with 
an unattended machinery space rests with the flag administration. 
However, the Coast Guard received a comment recommending that 
particular supplemental Alternate Compliance Program (ACP) standards 
for MAMS/

[[Page 31912]]

PUMS be incorporated into the MSP guidelines as an alternative to 
certain requirements in 46 CFR part 62. The Coast Guard agrees with 
this comment and has incorporated a general alternative provision into 
the NVIC change. Additionally, the interim provisions provide for 
continual MAMS/PUMS operation until the next credit dry dock (not 
including UWILD) one year from the publication date of Change-1 to NVIC 
01-13.
    The remainder of comments received were technical in nature, and 
are discussed in the comment matrix available in the docket. Upon 
reviewing these specific comments, the Coast Guard has included 
additional guidance that maximizes flexibility by promoting alternative 
inspection programs. Principally, revisions were made to streamline the 
automation approval process, provide a standardized equivalency for 
design and technical specifications under ACP supplements, and clarify 
the provisions for servicing certain firefighting equipment and 
liferafts.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: May 26, 2015.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2015-13668 Filed 6-3-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                   Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices                                                  31909

                                                    Centers for Disease Control and                         DEPARTMENT OF HEALTH AND                                 The meeting will be closed to the
                                                    Prevention and the Agency for Toxic                     HUMAN SERVICES                                         public in accordance with the
                                                    Substances and Disease Registry.                                                                               provisions set forth in sections
                                                                                                            Food and Drug Administration                           552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                    Elaine L. Baker,
                                                                                                            [Docket No. FDA–2015–N–0002]                           as amended. The grant applications and
                                                    Director, Management Analysis and Services                                                                     the discussions could disclose
                                                    Office, Centers for Disease Control and
                                                                                                            Withdrawal of Approval of New Animal                   confidential trade secrets or commercial
                                                    Prevention.
                                                                                                            Drug Application; Chlortetracycline                    property such as patentable material,
                                                    [FR Doc. 2015–13620 Filed 6–3–15; 8:45 am]
                                                                                                                                                                   and personal information concerning
                                                    BILLING CODE 4163–18–P                                  AGENCY:    Food and Drug Administration,               individuals associated with the grant
                                                                                                            HHS.                                                   applications, the disclosure of which
                                                                                                            ACTION:Notice of withdrawal of                         would constitute a clearly unwarranted
                                                    DEPARTMENT OF HEALTH AND                                approval.                                              invasion of personal privacy.
                                                    HUMAN SERVICES
                                                                                                            SUMMARY:   The Food and Drug                             Name of Committee: Heart, Lung, and
                                                    Centers for Disease Control and                         Administration (FDA) is withdrawing                    Blood Initial Review Group, NHLBI
                                                    Prevention                                              approval of a new animal drug                          Mentored Clinical and Basic Science Review
                                                                                                                                                                   Committee.
                                                                                                            application (NADA). This action is                       Date: June 25–26, 2015.
                                                    Disease, Disability, and Injury                         being taken at the sponsors’ request                     Time: 10:30 a.m. to 12:00 p.m.
                                                    Prevention and Control Special                          because this product is no longer                        Agenda: To review and evaluate grant
                                                    Emphasis Panel (SEP); Initial Review                    manufactured or marketed.                              applications.
                                                                                                            DATES: Withdrawal of approval is                         Place: Crystal City Marriott, 1999 Jefferson
                                                      In accordance with Section 10(a)(2) of                effective June 15, 2015.                               Davis Highway, Arlington, VA 22202.
                                                    the Federal Advisory Committee Act                                                                               Contact Person: Keith A. Mintzer, Ph.D.,
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    (Pub. L. 92–463), the Centers for Disease                                                                      Scientific Review Officer, Office of Scientific
                                                                                                            Sujaya Dessai, Center for Veterinary                   Review/DERA, National Heart, Lung, and
                                                    Control and Prevention (CDC)
                                                                                                            Medicine (HFV–212), Food and Drug                      Blood Institute, 6701 Rockledge Drive, Room
                                                    announces a meeting for the initial
                                                                                                            Administration, 7519 Standish Pl.,                     7186, Bethesda, MD 20892–7924, 301–594–
                                                    review of applications in response to
                                                                                                            Rockville, MD 20855, 240–276–9075,                     7947, mintzerk@nhlbi.nih.gov.
                                                    Funding Opportunity Announcement,
                                                                                                            sujaya.dessai@fda.hhs.gov.                             (Catalogue of Federal Domestic Assistance
                                                    RFA–TS–15–001, Analyze and Evaluate
                                                                                                            SUPPLEMENTARY INFORMATION: The Hartz                   Program Nos. 93.233, National Center for
                                                    Potential Risk Factors for Amyotrophic                                                                         Sleep Disorders Research; 93.837, Heart and
                                                    Lateral Sclerosis (ALS).                                Mountain Corp., 400 Plaza Dr.,
                                                                                                            Secaucus, NJ 07094 has requested that                  Vascular Diseases Research; 93.838, Lung
                                                      Times and Dates: 9:00 a.m.–5:00 p.m.,                 FDA withdraw approval of NADA 065–                     Diseases Research; 93.839, Blood Diseases
                                                    EDT, June 30, 2015 (CLOSED).                                                                                   and Resources Research, National Institutes
                                                                                                            222 for KEET LIFE (chlortetracycline)                  of Health, HHS)
                                                      Place: The Georgian Terrace, 659 Peachtree
                                                                                                            Bird Seed because this product is no
                                                    Street NE., Atlanta, Georgia 30308. This                                                                         Dated: May 29, 2015.
                                                    meeting will also be held by teleconference.
                                                                                                            longer manufactured or marketed.
                                                                                                               Therefore, under authority delegated                Michelle Trout,
                                                      Status: The meeting will be closed to the
                                                    public in accordance with provisions set                to the Commissioner of Food and Drugs                  Program Analyst, Office of Federal Advisory
                                                    forth in Section 552b(c)(4) and (6), Title 5            and redelegated to the Center for                      Committee Policy.
                                                    U.S.C., and the Determination of the Director,          Veterinary Medicine, and in accordance                 [FR Doc. 2015–13604 Filed 6–3–15; 8:45 am]
                                                    Management Analysis and Services Office,                with 21 CFR 514.116 Notice of                          BILLING CODE 4140–01–P
                                                    CDC, pursuant to Public Law 92–463.                     withdrawal of approval of application,
                                                      Matters for Discussion: The meeting will              notice is given that approval of NADA
                                                    include the initial review, discussion, and             065–222, and all supplements and                       DEPARTMENT OF HOMELAND
                                                    evaluation of applications received in                  amendments thereto, is hereby                          SECURITY
                                                    response to ‘‘Analyze and Evaluate Potential            withdrawn, effective June 15, 2015.
                                                    Risk Factors for Amyotrophic Lateral                       The animal drug regulations are not                 Coast Guard
                                                    Sclerosis (ALS)’’, TS15–001.                            being amended to reflect the voluntary
                                                      Contact Person for More Information: Jane                                                                    [Docket No. USCG–2011–1156]
                                                                                                            withdrawal of approval of this
                                                    Suen, Dr.P.H., M.S., Scientific Review
                                                    Officer, CDC, 4770 Buford Highway NE.,                  application because it is not codified.                Change-1 to Navigation and Inspection
                                                    Mailstop F63, Atlanta, Georgia 30341–3724,                Dated: June 1, 2015.                                 Circular 01–13, Inspection and
                                                    Telephone (770) 488–4281.                               Bernadette Dunham,                                     Certification of Vessels Under the
                                                                                                            Director, Center for Veterinary Medicine.              Maritime Security Program
                                                      The Director, Management Analysis
                                                                                                            [FR Doc. 2015–13633 Filed 6–3–15; 8:45 am]             AGENCY:   Coast Guard, DHS.
                                                    and Services Office, has been delegated
                                                    the authority to sign Federal Register                  BILLING CODE 4164–01–P                                 ACTION:   Notice of availability.
                                                    notices pertaining to announcements of
                                                    meetings and other committee                                                                                   SUMMARY:    The Coast Guard announces
                                                                                                            DEPARTMENT OF HEALTH AND                               the availability of Change-1 to
                                                    management activities, for both the
                                                                                                            HUMAN SERVICES                                         Navigation and Vessel Inspection
                                                    Centers for Disease Control and
                                                    Prevention and the Agency for Toxic                                                                            Circular (NVIC) 01–13, Inspection and
wreier-aviles on DSK5TPTVN1PROD with NOTICES




                                                                                                            National Institutes of Health                          Certification of Vessels Under the
                                                    Substances and Disease Registry.
                                                                                                                                                                   Maritime Security Program (MSP). The
                                                    Elaine L. Baker,                                        National Heart, Lung, and Blood
                                                                                                                                                                   MSP serves as a means for establishing
                                                                                                            Institute Notice of Closed Meeting
                                                    Director, Management Analysis and Services                                                                     a fleet of commercially viable and
                                                    Office, Centers for Disease Control and                   Pursuant to section 10(d) of the                     militarily useful vessels to meet national
                                                    Prevention.                                             Federal Advisory Committee Act, as                     defense as well as other security
                                                    [FR Doc. 2015–13622 Filed 6–3–15; 8:45 am]              amended (5 U.S.C. App.), notice is                     requirements. NVIC 01–13 provides
                                                    BILLING CODE 4163–18–P                                  hereby given of the following meeting.                 guidance to assist vessel owners/


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                                                    31910                          Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices

                                                    operators, Authorized Classification                    following the procedures and guidelines                pragmatic approach which factors
                                                    Societies, and Coast Guard personnel                    detailed in NVIC 01–13. NVIC 01–13                     industry concerns, we believe that the
                                                    with the inspection and certification of                was first published in February 2013. As               current process of issuing draft policy
                                                    vessels under the MSP. This Change                      part of the first annual review, the Coast             documents and incorporating public
                                                    clarifies the process for the issuance of               Guard considered policy guidance                       input is the best means of policy
                                                    the Certificate of Documentation (COD)                  enhancements in order to better                        development at this time. Some
                                                    to the vessel during the reflag process,                facilitate the transition of vessels to U.S.           commenters raised general concerns and
                                                    adds a note to the equivalency                          registry under the MSP. The Coast                      objections over several key aspects of
                                                    provisions for inspection of MSP vessels                Guard published a notice in the Federal                NVIC 01–13. A discussion of these
                                                    subsequent to initial certification,                    Register announcing the availability of                general concerns is included below,
                                                    clarifies the trial period requirements                 the draft changes to NVIC 01–13 and                    while responses to specific technical
                                                    for automated systems in machinery                      requested public comments (79 FR                       issues are contained in the
                                                    spaces, includes interim provisions for                 35177, June 19, 2014). Specifically,                   supplementary material available in the
                                                    those vessels seeking to operate with                   these draft changes clarified the process              docket.
                                                    minimally attended or periodically                      for the issuance of the Certificate of                    The Coast Guard received several
                                                    unattended machinery spaces, and                        Documentation (COD) to the vessel                      comments asserting that NVIC 01–13 is
                                                    makes other technical changes to NVIC                   during the reflag process, added a note                inconsistent with the purpose and plain
                                                    01–13.                                                  to the equivalency provisions for                      language of the MSP law. Specifically,
                                                    DATES: Change-1 to NVIC 01–13 is                        inspection of MSP vessels subsequent to                commenters suggested that pursuant to
                                                    effective as of June 4, 2015]. The owner/               initial certification, clarified the trial             46 U.S.C. 53102(e), a vessel is eligible to
                                                    operator may request an amended                         period requirements for automated                      receive a COI as long as the vessel
                                                    Certificate of Inspection to align with                 systems in machinery spaces, and                       continues to comply with international
                                                    Change-1 to NVIC 01–13 at the next                      included interim provisions for those                  agreements and the associated
                                                    scheduled Coast Guard attendance.                       vessels seeking to operate with                        guidelines of the vessel’s prior flag
                                                    Documents discussed in this notice                      minimally attended or periodically                     State. Commenters contested the
                                                    should be available in the online docket                unattended machinery spaces (MAMS/                     applicability of Title 46, Code of Federal
                                                    within three business days of today’s                   PUMS), which do not otherwise meet                     Regulations (CFR) by arguing that
                                                    publication.                                            the requirements of 46 CFR 62.50–20                    vessels in the MSP are solely regulated
                                                                                                            and/or 62.50–30 (as appropriate).                      under applicable international
                                                    ADDRESSES: To view the documents
                                                                                                               We received eight public comment                    agreements (e.g., SOLAS) and
                                                    mentioned in this notice go to http://
                                                                                                            responses to the June 19, 2014, Federal                Classification Society rules, specifically
                                                    www.regulations.gov and use ‘‘USCG–
                                                                                                            Register notice. In addition to several                with regard to the manning and
                                                    2011–1156’’ as your search term. Locate                 general comments, these responses                      watchkeeping requirements for
                                                    this notice in the search results, and use              contained numerous specific                            periodically unattended machinery
                                                    the filters on the left side of the page to             recommendations, suggestions, and                      space (PUMS). Commenters stated that
                                                    locate specific documents by type. If                   other remarks. We have created a                       to the extent that the CFR requirements
                                                    you do not have access to the Internet,                 comment matrix that provides a                         differ from international conventions
                                                    you may view the docket online by                       summary of each specific comment and                   and class society rules, they are contrary
                                                    visiting the Docket Management Facility                 the corresponding Coast Guard                          to the statute.
                                                    in Room W12–140 on the ground floor                     response; the comment matrix also lists                   While we concur that the
                                                    of the Department of Transportation                     and explains changes made by the Coast                 international agreements are applicable,
                                                    West Building, 1200 New Jersey Avenue                   Guard but not prompted by public                       we disagree concerning the non-
                                                    SE., Washington, DC 20590, between 9                    comments. A copy of this public                        applicability of domestic regulations to
                                                    a.m. and 5 p.m., Monday through                         comment matrix is available for viewing                vessels in the MSP. Sections
                                                    Friday, except Federal holidays. We                     in the public docket for this notice. For              53102(e)(1)(A) and (B) of 46 U.S.C.
                                                    have an agreement with the Department                   more detailed information, please                      specifically address the basis for
                                                    of Transportation to use the Docket                     consult the actual public comment                      accepting foreign construction and
                                                    Management Facility.                                    letters in the docket. You may access the              equipment standards for the physical
                                                    FOR FURTHER INFORMATION CONTACT: For                    docket going to http://                                ship as a condition for receiving a COI.
                                                    information about this document, call or                www.regulations.gov, using ‘‘USCG–                     The MSP law establishes broad
                                                    email Lieutenant Corydon Heard, Office                  2011–1156’’ as your search term, and                   equivalencies, rather than an
                                                    of Commercial Vessel Compliance (CG–                    following the instructions in the                      exemption, for equipment and
                                                    CVC), U.S. Coast Guard; telephone 202–                  ADDRESSES section above.                               provisioning required by U.S.
                                                    372–1208, email Corydon.F.Heard@                           The basic framework of the draft                    regulations at reflag. The MSP law does
                                                    uscg.mil. For information about viewing                 Change-1 to NVIC 01–13 described                       not require the vessel’s systems to be
                                                    or submitting material to the docket, call              above is retained in the final version.                modified in order to meet U.S.
                                                    Cheryl Collins, Program Manager,                        The Coast Guard has made some                          equipment carriage requirements.
                                                    Docket Operations, telephone 202–366–                   changes from the draft version of                      Compliance with classification society
                                                    9826, toll free 1–800–647–5527.                         Change-1 to NVIC 01–13 to the final                    rules and the previous flag’s laws serve
                                                    SUPPLEMENTARY INFORMATION:                              version based on the public comments.                  as evidence that the vessel is eligible for
                                                                                                            All changes are underlined in the final                reflagging and issuance of its initial COI.
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                                                    Background and Purpose                                  version and each changed page is                       The intent of the MSP COI endorsement
                                                      NVIC 01–13 provides uniform process                   annotated with CH–1 in the footer. We                  is to identify this equivalency for
                                                    guidance to assist vessel owners/                       note that several commenters                           equipment and provisioning.
                                                    operators, authorized classification                    recommended the establishment of a                     Furthermore, the Coast Guard generally
                                                    societies, and Coast Guard personnel                    working group to address MSP                           will not require the installation of
                                                    regarding the MSP. Vessels that meet                    inspection issues. While the Coast                     additional equipment as a condition of
                                                    MSP eligibility criteria may obtain a                   Guard welcomes public input and will                   holding the COI once it was initially
                                                    Certificate of Inspection (COI) by                      continue to champion a transparent and                 issued. However, the statute is silent


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                                                                                   Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices                                                   31911

                                                    with regard to operational matters such                 interpretation of international regulation             requirement if the plan is to maintain
                                                    as manning, watchstanding, record                       meant compliance with the                              the vessel’s periodically unattended
                                                    keeping, periodic inspections and                       requirements in Title 46 of the CFR.                   machinery space designation.’’ 2 NVIC
                                                    casualty reporting.                                        We note that Alaska Hunters’                        01–13 merely reiterates this existing
                                                       Unlike the design and equipment                      reasoning was overturned by the U.S.                   guidance. Accordingly, it is the view of
                                                    requirements needed to obtain a COI,                    Supreme Court recently in Perez v.                     the Coast Guard that NVIC 01–13 does
                                                    manning and watchstanding provisions,                   Mortgage Bankers Association (March 9,                 not represent a substantive alteration or
                                                    as well as other operational                            2015). Beyond that, we disagree with                   supersede the previous policy
                                                    requirements (logbooks, cargo                           this argument on two counts. First, the                interpretations.
                                                    authorities, inspection intervals and                   Coast Guard provided notice and an                        In NVIC 01–13, the Coast Guard has
                                                    certification rules), are described in the              opportunity to comment on this                         sought to provide additional flexibility
                                                    various CFR subchapters depending on                    guidance document, and carefully                       in respect to the replacement of
                                                    the vessel type. These regulations apply                considered the comments received. The                  equipment ‘‘in kind’’ as well as for the
                                                    to MSP ships as they would to any U.S.                  Coast Guard published a draft version of               proposed acceptance of certain design
                                                    flag vessel depending on route and                      NVIC 01–13 for public comment in the                   and technical specifications meeting
                                                    service, and serve as the U.S.                          Federal Register on January 19, 2012                   existing classification society rules as
                                                    interpretations of the IMO international                (77 FR 2741) and the final version on                  equivalent for the purposes of MSP.
                                                    instruments since these international                   February 28, 2013 (78 FR 13691).                       This posture has been consistently
                                                    regulations intentionally leave many                    Similarly, the draft version of this                   evident in legacy Coast Guard policies,
                                                    areas to ‘‘the satisfaction of the                      change to the NVIC was published in                    such as PCV Policy Letter 06–06
                                                    administration.’’ These regulations                     the Federal Register on June 19, 2014                  Guidance for Ships Reflagged under the
                                                    include provisions for an optional                      (79 FR 35177), and public comments are                 Maritime Security Program Participating
                                                    reduction in manning and/or                             being addressed in this notice.                        in the Underwater Survey in Lieu of
                                                    discretionary authorization for a PUMS.                    Second, the commenter made this                     Drydocking (UWILD) Program. NVIC
                                                    Considering the flexibility afforded by                 argument in relation to a request for                  01–13 has further provided flexibility
                                                    the applicable IMO international                        reduced manning requirements for a                     for vessels transitioning to U.S. registry
                                                    instruments, especially in the area of                  PUMS. With regard to the manning                       under the MSP to participate in elective
                                                    manning, operations, and the scope of                   requirements at issue, NVIC 01–13 does                 programs such as UWILD and PUMS
                                                    flag administration inspections, the                    not introduce new policies, but merely                 while coming into compliance with
                                                    Coast Guard recognized the need for                     clarifies existing policies and, in fact,              Coast Guard measures designed to
                                                    consistent MSP inspection procedures                    the changes provide additional                         enhance the safety of U.S. mariners.
                                                    for vessel owners, class societies, and                 flexibility for operators in compliance                   Several commenters recommended
                                                    marine inspectors, and therefore                        options.                                               that for PUMS, the Coast Guard should
                                                    published NVIC 01–13. Accordingly, the                     Notwithstanding the commenter’s                     accept foreign non-Coast Guard
                                                    procedural guidance provided in NVIC                    arguments, the Coast Guard’s procedural                approved equipment and systems that
                                                    01–13 does not establish any original or                guidance and interpretations of MSP                    comply with the applicable
                                                    new requirements, but clarifies the                     law have been consistent with respect to               international conventions as determined
                                                    applicability of existing regulations,                  the installation or modification to                    by the previous flag state’s guidelines
                                                    while incorporating previous and long                   existing systems, since the publication                provided the vessel’s automation and
                                                    standing policies.                                      of MOC Policy Letter 1–97, Reflag                      remote population system are in
                                                       Some commenters expressed concern                    Inspection and Certification of Vessels                accordance with SOLAS, the previous
                                                    that NVIC 01–13 is inconsistent with                    Under the Maritime Security Program                    flag state’s requirements, and the
                                                    prior Coast Guard practice and assert                   (MSP). Prior to the issuance of NVIC 01–               vessel’s classification society’s rules.
                                                    that any change in interpretation and                   13, we stated that, with respect to the                   As previously noted, the Coast Guard
                                                    formal imposition of new substantive                    installation or modification to existing               generally will not require the
                                                    requirements require a rulemaking                       systems, such systems must be replaced                 installation of additional equipment as
                                                    under the Administrative Procedure Act                  with equipment that meets Coast Guard                  a condition of holding a COI once it was
                                                    (APA). The commenters argue that NVIC                   standards (that is, the standards in Title             initially issued. For example, under
                                                    01–13 imposes new substantive                           46 of the CFR). This guidance is clearly               MSP the Coast Guard accepts an
                                                    requirements on MSP operators, and                      stated in the Marine Safety Manual,                    attestation from the classification
                                                    that the Coast Guard has not followed                   where we stated that ‘‘[a] reduction in                society stating that the automation
                                                    the informal rulemaking process of the                  manning due to engine automation must                  systems (i.e., power management
                                                    APA in enacting it. This, the                           be approved and tested as satisfactory in              system, propulsion control system,
                                                    commenters argue, should invalidate                     accordance with U.S. regulations                       dynamic positioning system, centralized
                                                    the NVIC, pursuant to Alaska                            [emphasis added].’’ 1 Furthermore, the                 machinery monitoring and control
                                                    Professional Hunters Ass’n v. Federal                   Coast Guard has applied this guidance                  system, etc.) are designed to meet the
                                                    Aviation Administration, 177 F.3d 1030                  to other vessels prior to the                          failsafe requirements of SOLAS (see
                                                    (D.C. Cir. 1992). Specifically, the                     promulgation of NVIC 01–13. For                        NVIC 01–13, Enclosure (2) Section
                                                    commenters argue that previous policy                   example, in 2010, the Coast Guard                      1.1.3). By contrast, the requirements and
                                                    guidance stated that MSP vessels will be                denied an appeal regarding the MV                      authorization to electively operate with
                                                    inspected under special provisions,                     HONOR’s firefighting system for                        an unattended machinery space rests
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                                                    except that ‘‘new installations or                      unattended machinery spaces. In our                    with the flag administration. However,
                                                    modifications to existing systems shall                 response, we stated that ‘‘The HONOR                   the Coast Guard received a comment
                                                    conform to the Coast Guard’s                            is not required to change the hardware                 recommending that particular
                                                    interpretation of international                         of its accepted [by the classification                 supplemental Alternate Compliance
                                                    regulations,’’ without specifying the                   society] fire fighting system as a                     Program (ACP) standards for MAMS/
                                                    meaning of ‘‘interpretation’’; while the                condition of holding a COI. It is only a
                                                    new policy guidance contained in NVIC                                                                            2 Letter to C.R. Cushing and Company, January

                                                    01–13 indicated that the Coast Guard’s                    1 Marine   Safety Manual, vol. II, p. B1–15.         25, 2010.



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                                                    31912                           Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices

                                                    PUMS be incorporated into the MSP                        DEPARTMENT OF HOMELAND                                 1500N, Washington, DC 20229, tel. 202–
                                                    guidelines as an alternative to certain                  SECURITY                                               344–1060.
                                                    requirements in 46 CFR part 62. The
                                                                                                             U.S. Customs and Border Protection                     SUPPLEMENTARY INFORMATION:     Notice is
                                                    Coast Guard agrees with this comment
                                                                                                                                                                    hereby given pursuant to 19 CFR 151.12
                                                    and has incorporated a general
                                                    alternative provision into the NVIC                      Accreditation and Approval of                          and 19 CFR 151.13, that Laboratory
                                                    change. Additionally, the interim                        Laboratory Service, Inc., as a                         Service, Inc., 11731 Port Rd., Seabrook,
                                                    provisions provide for continual                         Commercial Gauger and Laboratory                       TX 77586, has been approved to gauge
                                                    MAMS/PUMS operation until the next                                                                              petroleum and certain petroleum
                                                                                                             AGENCY:  U.S. Customs and Border                       products and accredited to test
                                                    credit dry dock (not including UWILD)                    Protection, Department of Homeland
                                                    one year from the publication date of                                                                           petroleum and certain petroleum
                                                                                                             Security.                                              products for customs purposes, in
                                                    Change-1 to NVIC 01–13.                                  ACTION: Notice of accreditation and
                                                       The remainder of comments received                                                                           accordance with the provisions of 19
                                                                                                             approval of Laboratory Service, Inc., as               CFR 151.12 and 19 CFR 151.13.
                                                    were technical in nature, and are
                                                                                                             a commercial gauger and laboratory.                    Laboratory Service, Inc., is approved for
                                                    discussed in the comment matrix
                                                    available in the docket. Upon reviewing                                                                         the following gauging procedures for
                                                                                                             SUMMARY:   Notice is hereby given,
                                                    these specific comments, the Coast                                                                              petroleum and certain petroleum
                                                                                                             pursuant to CBP regulations, that
                                                    Guard has included additional guidance                                                                          products from the American Petroleum
                                                                                                             Laboratory Service, Inc., has been
                                                    that maximizes flexibility by promoting                                                                         Institute (API):
                                                                                                             approved to gauge petroleum and
                                                    alternative inspection programs.                         certain petroleum products and
                                                    Principally, revisions were made to                                                                               API
                                                                                                             accredited to test petroleum and certain                                             Title
                                                                                                                                                                    chapters
                                                    streamline the automation approval                       petroleum products for customs
                                                    process, provide a standardized                          purposes for the next three years as of                3 ...........   Tank gauging.
                                                    equivalency for design and technical                     November 6, 2014.                                      7 ...........   Temperature determination.
                                                    specifications under ACP supplements,                    DATES: The accreditation and approval                  8 ...........   Sampling.
                                                    and clarify the provisions for servicing                 of Laboratory Service, Inc., as                        12 .........    Calculations.
                                                    certain firefighting equipment and                       commercial gauger and laboratory                       17 .........    Maritime measurement.
                                                    liferafts.                                               became effective on November 6, 2014.
                                                       This notice is issued under authority                 The next triennial inspection date will
                                                    of 5 U.S.C. 552(a).                                                                                               Laboratory Service, Inc., is accredited
                                                                                                             be scheduled for November 2017.                        for the following laboratory analysis
                                                      Dated: May 26, 2015.                                   FOR FURTHER INFORMATION CONTACT:                       procedures and methods for petroleum
                                                    Paul F. Thomas,                                          Approved Gauger and Accredited                         and certain petroleum products set forth
                                                    Rear Admiral, U.S. Coast Guard, Assistant                Laboratories Manager, Laboratories and                 by the U.S. Customs and Border
                                                    Commandant for Prevention Policy.                        Scientific Services Directorate, U.S.                  Protection Laboratory Methods (CBPL)
                                                    [FR Doc. 2015–13668 Filed 6–3–15; 8:45 am]               Customs and Border Protection, 1300                    and American Society for Testing and
                                                    BILLING CODE 9110–04–P                                   Pennsylvania Avenue NW., Suite                         Materials (ASTM):

                                                     CBPL No.           ASTM                                                                          Title

                                                    27–08 .......            D86     Standard Test Method for Distillation of Petroleum Products.
                                                    27–48 .......          D4052     Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.
                                                    N/A ...........        D1364     Standard Test Method for Water in Volatile Solvents (Karl Fischer Reagent Titration Method).



                                                      Anyone wishing to employ this entity                     Dated: May 26, 2015.                                 SUMMARY:   Notice is hereby given,
                                                    to conduct laboratory analyses and                       Ira S. Reese,                                          pursuant to CBP regulations, that
                                                    gauger services should request and                       Executive Director, Laboratories and                   Saybolt LP has been approved to gauge
                                                    receive written assurances from the                      Scientific Services Directorate.                       petroleum and certain petroleum
                                                    entity that it is accredited or approved                 [FR Doc. 2015–13659 Filed 6–3–15; 8:45 am]             products and accredited to test
                                                    by the U.S. Customs and Border                           BILLING CODE 9111–14–P
                                                                                                                                                                    petroleum and certain petroleum
                                                    Protection to conduct the specific test or                                                                      products for customs purposes for the
                                                    gauger service requested. Alternatively,                                                                        next three years as of July 23, 2014.
                                                    inquiries regarding the specific test or                 DEPARTMENT OF HOMELAND                                 DATES: The accreditation and approval
                                                    gauger service this entity is accredited                 SECURITY                                               of Saybolt LP as commercial gauger and
                                                    or approved to perform may be directed                                                                          laboratory became effective on July 23,
                                                    to the U.S. Customs and Border                           U.S. Customs and Border Protection                     2014. The next triennial inspection date
                                                    Protection by calling (202) 344–1060.                                                                           will be scheduled for July 2017.
                                                                                                             Accreditation and Approval of Saybolt
                                                    The inquiry may also be sent to                          LP as a Commercial Gauger and                          FOR FURTHER INFORMATION CONTACT:
                                                    CBPGaugersLabs@cbp.dhs.gov. Please                       Laboratory                                             Approved Gauger and Accredited
wreier-aviles on DSK5TPTVN1PROD with NOTICES




                                                    reference the Web site listed below for                                                                         Laboratories Manager, Laboratories and
                                                    a complete listing of CBP approved                       AGENCY:  U.S. Customs and Border                       Scientific Services Directorate, U.S.
                                                    gaugers and accredited laboratories.                     Protection, Department of Homeland                     Customs and Border Protection, 1300
                                                    http://www.cbp.gov/about/labs-                           Security.                                              Pennsylvania Avenue NW., Suite
                                                    scientific/commercial-gaugers-and-                                                                              1500N, Washington, DC 20229, tel. 202–
                                                    laboratories.                                            ACTION: Notice of accreditation and                    344–1060.
                                                                                                             approval of Saybolt LP as a commercial
                                                                                                                                                                    SUPPLEMENTARY INFORMATION: Notice is
                                                                                                             gauger and laboratory.
                                                                                                                                                                    hereby given pursuant to 19 CFR 151.12


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Document Created: 2015-12-15 15:23:29
Document Modified: 2015-12-15 15:23:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesChange-1 to NVIC 01-13 is effective as of June 4, 2015]. The owner/operator may request an amended Certificate of Inspection to align with Change-1 to NVIC 01-13 at the next scheduled Coast Guard attendance. Documents discussed in this notice should be available in the online docket within three business days of today's publication.
ContactFor information about this document, call or email Lieutenant Corydon Heard, Office of Commercial Vessel Compliance (CG-CVC), U.S. Coast Guard; telephone 202-372-1208, email [email protected] For information about viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826, toll free 1-800-647-5527.
FR Citation80 FR 31909 

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