Navigation and Vessel Inspection Circulars (“NVICs”) Cancellations
The United States Coast Guard announced in the Federal Register on 15 July 2021 the cancellation of several Navigation and Vessel Inspection Circulars (“NVICs”). NVICs are guidance documents, issued by the Coast Guard that provide detailed guidance about enforcement and/or compliance with Federal marine safety regulations and the Coast Guard’s marine safety programs. NVICs are helpful guidance in ensuring Coast Guard enforcement and compliance activities are complete and consistent from Sector to Sector, as well as providing the public with information on the manner in which those regulations and safety programs are enforced. Accordingly, the Coast Guard and the Department of Homeland Security have announced the cancellation of several NVICs in order to avoid confusion and ensure NVICs reflect the current Coast Guard enforcement and compliance policies and procedures.
The NVICs being cancelled are as follows:
1. NVIC 09–83 has been superseded by NVIC 01-16 in light of the shift to digital charts and publications.
2. NVICs 02–97 and 02–97CH–1 have been repealed with no superseding NVIC. These NVICs addressed operational measures for tank vessels without double hulls until 2015 and are no longer needed.
3. NVICs 10–94, 10–94CH–1, and 10– 94CH–2 have been repealed with no superseding NVIC. These NVICs provided guidance for the OPA 90 phase-out schedule of single hull vessels carrying oil which ended January 1, 2015.
4. NVIC 10–83 addressed the procedures for the issuance of stability letters to small passenger vessels under 65 feet. Those regulations have been updated twice in the intervening time and the Coast Guard finds this NVIC to be outdated and confusing to the public and has thus been repealed. 46 CFR part 170 addresses the current stability requirements for all inspected vessels.
5. NVIC 00–13 provided an index of all applicable NVICs as of January 1, 2013. That index has not been updated and the Coast Guard finds that its public website, which hosts all currently applicable NVICs along with their description, renders NVIC 00-13 obsolete and has thus been repealed.
6. NVIC 05–71 has been repealed as it provided an inaccurate and outdated index of 46 CFR part 151 under subchapter O that addressed certain bulk dangerous cargoes on unmanned tank barges.
7. NVIC 07–99 dealt with guidance regarding the mitigation policy for vessels and marine facilities with respect to the Y2k/Year 200 computer date issue and was ripe for repeal.
8. NVIC 13–92 addressed Captain of the Port (COTP) zone boundaries but has been repealed as it is outdated and obsolete. 33 CFR part 3 addresses current COTP boundaries alongside current Coast Guard areas, districts, sectors, and marine inspection zones.