[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10299-10300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4645]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0025]


Revision to Navigation and Inspection Circular 11-93, Change 3 
(NVIC 11-93 CH-3), Applicability of Tonnage Measurement Systems to U.S. 
Flag Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy revision and request for comments.

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SUMMARY: The Coast Guard is developing a revision to NVIC 11-93 CH-3 
Applicability of Tonnage Measurement Systems to U.S. Flag Vessels to 
update the document and improve its usefulness. We are seeking public 
suggestions for changes to the current revision to NVIC 11-93 CH-3 and 
comments on the proposed revisions listed in the purpose section of 
this notice. The public is encouraged to suggest discussion of any 
international conventions, Federal regulations, or definitions that are 
not currently addressed. Moreover, the Coast Guard requests that the 
public provide suggestions on definitions or tables included in the 
NVIC 11-93 CH-3 to make them clearer or address additional tonnage 
applicability issues not currently covered by the NVIC 11-93 CH-3.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before April 5, 2010 
or reach the Docket Management Facility by that date.

ADDRESSES: This notice and NVIC 11-93 CH-3 are available in the docket 
and can be viewed by going to http://www.regulations.gov, inserting 
USCG-2010-0025 in the ``Keyword'' box, and then clicking ``Search.'' 
You may submit comments identified by docket number USCG-2010-0025 
using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Marcus Akins, Marine Safety Center, U.S. Coast Guard; 
telephone 202-475-3349, e-mail [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material on 
revisions to NVIC 11-93 CH-3. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. A copy of the current version 
of NVIC 11-93 CH-3 may be accessed electronically as part of this 
docket or at http://www.uscg.mil/hq/cg5/nvic/pdf/1993/CH-3_11-93.pdf.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2010-0025) and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the

[[Page 10300]]

``Document Type'' drop-down menu, select ``Notices'' and insert ``USCG-
2010-0025'' in the ``Keyword'' box. Click ``Search,'' then click on the 
balloon shape in the ``Actions'' column. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\; by 11 inches, suitable for copying and electronic filing. If 
you submit them by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period.
    Viewing the comments: To view the comments, go to http://www.regulations.gov, click on the ``read comments'' box, which will 
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2010-0025'' and click ``Search.'' Click the ``Open Docket Folder'' in 
the ``Actions'' column. 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.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act, system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    NVIC 11-93, which was last revised in November 2003, provides 
guidance on tonnages used for documentation purposes and the 
applicability of a vessel's tonnage assignment under domestic 
regulatory and international tonnage measurement systems to both 
domestic regulations and international standards. It also clarifies the 
applicability of U.S. tonnage measurement systems to U.S. flag vessels 
based on vessel type, length, service, and vessel keel laid date or 
date of last substantial alteration. Definitions of frequently used 
terms, including convention length and deck cargo are provided to 
ensure consistency for users of NVIC 11-93.
    Since its latest revision, multiple regulations and standards with 
tonnage thresholds, such as Non-Tank Vessel Response Plans, Long Range 
Identification Tracking System, and the International Convention for 
the Prevention of Pollution from Ships (MARPOL) Annex VI, have come 
into force. To reflect these developments and incorporate updates of an 
administrative nature, the Coast Guard is considering the following 
changes:
    (1) Adding new enclosures discussing the implications of tonnage 
changes that result from vessel alterations, changes in vessel service, 
or the addition of temporary deck equipment. This would include 
discussion of loss of tonnage grandfathering provisions under Article 
3(2)(d) of the 1969 International Tonnage Convention and associated 
interim schemes for the Safety of Life At Sea (SOLAS) and Prevention of 
Pollution from Ships (MARPOL) international conventions.
    (2) Amending Section 2 of Enclosure 1. The Coast Guard would 
clarify the definition of the terms, ``overall length'' and 
``remeasurement,'' to provide more detail on their applicability. We 
would also add the terms, ``registered length'' and ``alternate 
tonnage.''
    (3) Providing additional examples of tonnage application. The Coast 
Guard will provide examples of tonnage application that are reflective 
of newly implemented domestic regulations and international standards.
    (4) Amending Tables 5, 6, and 7 of Enclosure 1. The Coast Guard 
will revise language in Tables 5, 6, and 7 to more comprehensively 
address international tonnage grandfathering provisions, and reflect 
the correct date that MARPOL came into force.
    (5) Incorporating administrative changes such as updating contact 
information and making editorial corrections.

Request for Comments

    The Coast Guard requests your general comments on the revision 
under consideration. We also seek comments on any or all of the 
specific proposed revisions for NVIC 11-93 CH-3. We encourage 
suggestions for specific examples of tonnage grandfathering, 
remeasurement, or the use of interim schemes. Written comments and 
responses will be added to the docket number for this notice (USCG-
2010-0025). The Coast Guard intends to review and analyze all comments 
received in order to develop the next revision to NVIC 11-93.

    Authority: This notice is issued under authority of 5 U.S.C. 552 
and 46 U.S.C. 14301.

    Dated: February 19, 2010.
Jeff Lantz,
Director, Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2010-4645 Filed 3-4-10; 8:45 am]
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