NVIC 01-13: Inspection and certification of MSP vessels

Commandant 2703 Martin Luther King Jr Ave, SE, United States Coast Guard STOP 7501 Washington, DC 20593-7501 Staff Symbol: CG-CVC Email: CGCVC@uscg.mil COMDTPUB P16700.4 NVIC 01-13, CH-2 9 MAY 2025 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13, CH-2 Subj: CH-2 TO INSPECTION AND CERTIFICATION OF VESSELS UNDER THE MARITIME SECURITY PROGRAM (MSP), NVIC 01-13, COMDTPUB 16700.4 Ref: (a) Inspection and Certification of Vessels under the Maritime Security Program (MSP), NVIC 01-13, COMDTPUB P16700.4

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — PURPOSE. This Notice publishes change two to Reference (a).

PURPOSE. This Notice publishes change two to Reference (a).

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — ACTION. Vessel owners and operators, or their representatives, are encouraged to take

advantage of the procedures and guidelines detailed in this Circular, as amended. Area Commanders, District Commanders, Sector Commanders, Commanding Officer Marine Safety Center, and Officers in Charge, Marine Inspection (OCMIs) are encouraged to apprise industry representatives of this Circular, as amended, and apply its provisions appropriately. This Circular will be distributed by electronic means only and is available on the World Wide Web at http://www.uscg.mil/hq/cg5/nvic/default.asp.

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — PUBLICATIONS AFFECTED.

a. CH-1 to Inspection and Certification of Vessels under the Maritime Security Program (MSP), NVIC 01-13, COMDTPUB P16700.4 is changed in accordance with this Notice. b. This NVIC supersedes the reflag guidance contained in Coast Guard Certification and Inspection of Certain Categories or Existing Vessels, NVIC 10-81 (series).

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — DISCUSSION. This Notice changes the guidance found in Reference (a) concerning the

inspection and certification of vessels under the Maritime Security Program (MSP). In addition to making non-technical corrections to portions of the NVIC, this change clarifies the enrollment process, streamlines plan review, and further explains the eligibility for foreign-built vessels to be inspected and certificated in accordance with this guidance. Specifically, this update clarifies that while some commercial vessels enrolled in MSP may receive a payment as part of their enrollment, it is not a precondition for certification. Accordingly, other foreign-built vessels may enroll in voluntary sealift support programs established by MARAD and utilize this guidance to obtain a Certificate of Inspection provided they meet the enrollment criteria as specified by MARAD, regardless of age. This update further clarifies standards for vessels reflagging for entry into the Ready Reserve Force (RRF). In accordance with 46 USC 57100(c)(1), RRF vessels are required to meet safety standards that apply to vessels that are not public. This NVIC provides guidance for NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13, CH-2 inspection and oversight standards for foreign-built RRF vessels in accordance with the authorities established in 46 USC 3306 and ensures those standards align with other non- public U.S.-flag vessels. For the purposes of this guidance, participants that meet the enrollment criteria will be referred to generally as “MSP vessels” regardless of the sealift support program for which MARAD has determined the vessel is eligible. The final Notice of Availability are part of docket USCG-2011-1156. Change-2 to NVIC 01-13 is effective as of the date of publication.

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — DISCLAIMER. This guidance is not a substitute for applicable legal requirements, nor is it

itself a regulation. It is not intended to, nor does it impose legally binding requirements on any party. It represents the Coast Guard’s current thinking on this topic and may assist industry, mariners, the general public, and the Coast Guard, as well as other Federal and state regulators, in applying statutory and regulatory requirements. You can use an alternative approach for complying with these requirements if the approach satisfies the requirements of the applicable statutes and regulations. If you want to discuss an alternative approach you may contact Coast Guard Headquarters, Office of Commercial Vessel Compliance (CG- CVC).

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — MAJOR CHANGES. Enclosures 1 – 4 have been revised to clarify the enrollment process,

streamline plan review, and expand program eligibility to facilitate the transition to U.S.-flag. Additional administrative updates have been made throughout. All changes are underlined in the final version and each changed page is annotated with CH-2 in the footer.

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS. The development of

this NVIC and the general policies contained within it have been thoroughly reviewed under Department of Homeland Security Directive 023-01, Revision 01 and Environment Planning COMDTINST 5090.1 (series) by the originating office and are categorically excluded from further analysis under Categorical Exclusion A3 in the DHS Directive. This NVIC will not have any of the following: significant cumulative impacts on the human environment; substantial controversy or substantial change to existing environmental conditions; or inconsistencies with any federal, state, or local laws or administrative determinations relating to the environment. All future specific actions resulting from the general policy in this NVIC must be individually evaluated for compliance with the National Environmental Policy Act (NEPA), Department of Homeland Security, and Coast Guard NEPA policy and compliance with all other applicable environmental mandates.

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — DISTRIBUTION. No paper distribution will be made of this Change Notice. An electronic

version will be located on the following Commandant (CG-612) web sites. Internet: http://www.uscg.mil/directives/. NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13, CH-2

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — PROCEDURE. Remove and insert the following:

REMOVE Insert Remove NVIC 01-13 Insert NVIC 01-13 CH-2 Remove enclosure (1) Insert enclosure (1) CH-2 Remove enclosure (2) CH-1 Insert enclosure (2) CH-2 Remove enclosure (3) CH-1 Insert enclosure (3) CH-2 Remove enclosure (4) CH-1 Insert enclosure (4) CH-2

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — RECORDS MANAGEMENT CONSIDERATIONS. This NVIC has been thoroughly

reviewed during the publication clearance process, and it has been determined there are no further record scheduling requirements, in accordance with the Federal Records Act (44 U.S.C. § 3101 et seq.), National Archives and Records Administration requirements, and the Records & Information Management Roles and Responsibilities, COMDTINST 5212.12 (series). This NVIC does not create significant or substantial change to existing records management requirements.

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — FORMS/REPORTS. None.

FORMS/REPORTS. None.

Inspection and Certification of Vessels Under the Maritime Security Program (MSP) — QUESTIONS. Questions regarding implementation of this NVIC should be directed to the

Office of Commercial Vessel Compliance (CG-CVC) at CGCVC@uscg.mil.

W.

R.

ARGUIN Rear Admiral, U.S.

Coast Guard Assistant Commandant for Prevention Policy Commandant 2703 Martin Luther King Jr Ave, SE, United States Coast Guard STOP 7501 Washington, DC 20593-7501 Staff Symbol: CG-CVC-1 Phone: (202) 372-1224 Fax: (202) 372-1918 Email: CG-CVC-1@uscg.mil COMDTPUB P16700.4 NVIC 01-13, CH-1 26 MAY 2015 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13, CH-1 Subj: CH-1 TO INSPECTION AND CERTIFICATION OF VESSELS UNDER THE MARITIME SECURITY PROGRAM (MSP), NVIC 01-13, COMDTPUB 16700.4 Ref: (a) Inspection and Certification of Vessels under the Maritime Security Program (MSP), NVIC 01-13, COMDTPUB P16700.4 1.

PURPOSE.

This Notice publishes change one to Reference (a). 2.

ACTION.

Vessel owners and operators, or their representatives, are encouraged to take advantage of the procedures and guidelines detailed in this Circular, as amended.

Area Commanders, District Commanders, Sector Commanders, Commanding Officer Marine Safety Center, and Officers in Charge, Marine Inspection (OCMIs) are encouraged to apprise industry representatives of this Circular, as amended, and apply its provisions appropriately.

This Circular will be distributed by electronic means only and is available on the World Wide Web at http://www.uscg.mil/hq/cg5/nvic/default.asp. 3.

DIRECTIVES AFFECTED.

Inspection and Certification of Vessels under the Maritime Security Program (MSP), NVIC 01-13, COMDTPUB P16700.4 is changed in accordance with this Notice. 4.

DISCUSSION.

This Notice changes the guidance found in Reference (a) concerning the inspection and certification of vessels under the Maritime Security Program.

In addition to making non-technical corrections to portions of the NVIC, this change clarifies the process for the issuance of the Certificate of Documentation (COD), adds a note to the equivalency provisions for inspection of MSP vessels subsequent to initial certification, clarifies the engine automation process and includes interim provisions for those vessels seeking to DISTRIBUTION – SDL No. 164 a b c d e f g h i j k l m n o p q r s t u v w x y z A B X X X X C X X X X D X X X E X X X X X F X G H X NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13, CH-1 operate with minimally attended or periodically unattended machinery spaces, which do not otherwise meet the requirements of 46 CFR 62.50-20 and/or 62.50-30 (as appropriate).

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).

The final Notice of Availability, including comments and material received from the public, as well as documents mentioned as being available in the docket, are part of docket USCG- 2011-1156.

Change-1 to NVIC 01-13 is effective as of the date of publication.

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. 5.

DISCLAIMER.

This guidance is not a substitute for applicable legal requirements, nor is it itself a rule.

It is not intended to nor does it impose legally binding requirements on any party.

It represents the Coast Guard’s current thinking on this topic and may assist industry, mariners, the general public, and the Coast Guard, as well as other Federal and state regulators, in applying statutory and regulatory requirements.

You can use an alternative approach for complying with these requirements if the approach satisfies the requirements of the applicable statutes and regulations.

If you want to discuss an alternative approach you may contact Coast Guard Headquarters, Office of Commercial Vessel Compliance, Domestic Vessels (CG-CVC-1) using the contact information provided above. 6.

MAJOR CHANGES.

Enclosure 2 has been updated to clarify the engine automation approval process, including interim provisions for those vessels seeking to operate with minimally attended or periodically unattended machinery spaces (MAMS/PUMS).

All changes are underlined in the final version and each changed page is annotated with CH-1 in the footer.

For a summary of all of the changes, as well as to view any associated documents, go to http://www.regulations.gov, using “USCG-2011-1156” as the search term.

Available for viewing in the public docket is a public 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. 7.

ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS.

After careful review of the program and its environmental impacts, the U.S.

Coast Guard has determined that this guidance document is excluded from further analysis under the National Environmental Policy Act by categorical exclusion 33 of Table 2-1, COMDTINST 16475.1 (series) as it implements, without substantive change, the applicable Commandant Instructions or other federal agency regulations, procedures, manuals, and other guidance documents.

None of the exceptions listed in Chapter 2 B 2 (b) of COMDTINST 16475.1 (series) apply. 8.

DISTRIBUTION.

No paper distribution will be made of this Change Notice.

An electronic version will be located on the following Commandant (CG-612) web sites.

Internet: http://www.uscg.mil/directives/, and CGPortal: https://cgportal2.uscg.mil/library/directives/SitePages/Home.aspx.

NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13, CH-1 9.

PROCEDURE.

Remove and insert the following: REMOVE Insert Remove pages 2-6 of the NVIC Insert pages 2-6 CH-1 Remove enclosure (2) Insert enclosure (2) CH-1 Remove enclosure (3) Insert enclosure (3) CH-1 Remove enclosure (4) Insert enclosure (4) CH-1 10.

RECORDS MANAGEMENT CONSIDERATIONS.

This Circular has been thoroughly reviewed during the directives clearance process, and it has been determined there are further records scheduling requirements, in accordance with Federal Records Act, 44 U.S.C. 3101 et seq., NARA requirements, and Information and Life Cycle Management Manual, COMDTINST M5212.12 (series).

This policy does not create significant or substantial change to existing records management requirements. 11.

FORMS/REPORTS.

None. 12.

REQUEST FOR CHANGES.

Units and individuals may recommend changes via the chain of command to: CGCVC@uscg.mil.

P.

F.

THOMAS /s/ Rear Admiral, U.S.

Coast Guard Assistant Commandant for Prevention Policy Commandant 2703 Martin Luther King Jr Ave, SE, United States Coast Guard STOP 7501 Washington, DC 20593-7501 Staff Symbol: CG-CVC-1 Phone: (202) 372-1224 Fax: (202) 372-1918 Email: CG-CVC-1@uscg.mil COMDTPUB P16700.4 NVIC 01-13 12 FEB 2013 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13 Subj: INSPECTION AND CERTIFICATION OF VESSELS UNDER THE MARITIME SECURITY PROGRAM (MSP) 1.

PURPOSE. a.

The purpose of this Circular is to provide the marine industry and U.S.

Coast Guard personnel with uniform guidance regarding the MSP, which is administered by the U.S.

Maritime Administration (MARAD). b.

This guidance applies to the following categories of existing vessels:

(1) Foreign flag vessels eligible for a Certificate of Inspection (COI) issued by the Coast Guard under the provisions of Title 46 U.S. Code 53102, or a voluntary sealift support program. For the purposes of this NVIC, the term MSP includes other voluntary sealift support programs administered by MARAD.

(2) Certificated U.S. vessels that obtained an initial COI under the provisions of MSP remain enrolled in MSP. 2. ACTION. a. Vessel owners and operators, or their representatives, are encouraged to take advantage of the procedures and guidelines detailed in this Circular. Area Commanders, District Commanders, Sector Commanders, Commanding Officer Marine Safety Center, and Officers in Charge, Marine Inspection (OCMIs) are encouraged to apprise industry representatives of this Circular and apply its provisions appropriately. This Circular will be distributed by electronic means only and is available on the World Wide Web at http://www.uscg.mil/hq/cg5/nvic/default.asp. DISTRIBUTION – SDL No. 161 a b c d e f g h i j k l m n o p q r s t u v w x y z A B X X X X C X X X X D X X X E X X X X X F X G H X CH-2 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13 b. Enclosures (1) through (4) provide guidance to assist vessel owners/operators, Authorized Classification Societies, and U.S. Coast Guard personnel in executing the MSP program. Enclosure (1), Maritime Security Program Fundamentals, discusses the background of MSP and includes a description of eligibility requirements and the application process. Enclosure (2), Guidance for Initial Certification of MSP Vessels

(MSP Reflag) contains the submittal procedure for plans and documents prior to the initiation of the reflagging process, and outlines expectations for the initial inspection. Enclosure (3), Guidance for Inspection of MSP Vessels Subsequent to Initial Certification, provides procedures for all vessels enrolled in MSP. Enclosure (4), Guidance for the MSP Select Program, provides procedures for enrollment, participation and continuing inspection of vessels in the new “MSP Select” program. c. Questions regarding this policy should be directed to Coast Guard Headquarters, Office of Commercial Vessel Compliance, Domestic Vessels (CG-CVC), using the contact information provided in the above letterhead. 3. DIRECTIVES AFFECTED. a. G-PCV Policy Letter 06-06, Guidelines for Ships Reflagged Under the Maritime Security Program Participating in the Underwater Survey in Lieu of Drydocking Program is cancelled and replaced by the guidance in this NVIC. b. This NVIC supersedes the guidance contained in the following:

(1) Message R 061413A MAR 08, Servicing of Non-Coast Guard Approved Liferafts on Maritime Security Program Vessels.

(2) Pages B1-11 thru B1-19 of the Marine Safety Manual, Volume II, Materiel Inspection, COMDTINST M16000.7 (series). 4.

BACKGROUND.

The Coast Guard Authorization Act of 1996, Section 1137 (later Title 46 U.S.C. 53102 (e) and hereafter referred to in this circular as “MSP law”), established standards for issuance of a COI to a foreign flag vessel transitioning to U.S. flag once eligibility for MSP has been established by MARAD and the U.S.

Coast Guard.

The parent legislation for MSP provided that a limited number of vessels would receive payment from the U.S.

Government for their participation in MSP.

This served as a means for establishing a fleet of commercially viable and militarily useful vessels to meet national defense and other security requirements as well as to maintain a U.S. presence in international commercial shipping.

However, to promote further participation in this national defense program, the U.S.

Coast Guard conducted a thorough review of its regulations—specifically the eligibility requirements for several sealift programs.

It found that the underlying statutory authority for age waivers contemplated foremost national security interests.

Accordingly, the U.S.

Coast Guard and MARAD have agreed that receipt of the payment is not a precondition for requesting a COI, provided the vessel meets the enrollment criteria as specified by MARAD, and the owner/operator demonstrates an intent to enroll in a voluntary sealift support program to the satisfaction of MARAD.

CH-2 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13 5.

DISCUSSION.

Enclosures (1) through (4) contain guidance outlining the process for foreign flag vessels to obtain initial and continuing certification under the provisions of MSP. a.

Communication.

Timely communication is key to any successful initial vessel certification process.

Vessel owners/operators should provide detailed and accurate information to the U.S.

Coast Guard and the recognized, Authorized Classification Society (ACS) (defined in 46 CFR 8.100) as early as possible.

In many cases, the certification of existing vessels is undertaken with a delivery deadline already established for the operation of the vessel under U.S. flag.

Although the U.S.

Coast Guard makes every attempt to accommodate scheduling constraints when made aware of these deadlines, this does not obviate the need to complete the necessary plan review, confirm construction details, verify materials, establish equipment standards, and complete associated inspections.

In the case of MSP, the initial inspection process cannot be undertaken by the U.S.

Coast Guard until formal notice is provided by MARAD that the vessel has been determined eligible for MSP.

MARAD may provide advance notice to the U.S.

Coast Guard that a vessel under consideration for MSP will likely be found eligible based on a preliminary review prior to formal approval.

In such cases, MARAD may recommend that the U.S.

Coast Guard commence discussion and plan review to prepare for inspection and certification.

Although not required, owners/operators may also request meetings with the U.S.

Coast Guard to review specific issues of concern prior to certification.

Such meeting requests should first be directed to the Commanding Officer, U.S.

Coast Guard Marine Safety Center (MSC) and later, if necessary, to the cognizant OCMI in whose zone the inspection for certification will take place. b.

Recognized Classification Societies.

MSP law requires that vessels reflagged under MSP be “classed by and designed in accordance with the rules of the American Bureau of Shipping (ABS), or another classification society accepted by the Secretary.” To fully leverage capabilities similar to the Alternate Compliance Program (ACP), recognized classification societies meeting the authorization criteria of 46 CFR Section 8.420(c)(1) are eligible to participate in the MSP.

A recognized classification society fully authorized under 46 CFR 8.420 is eligible to participate in MSP Select.

A detailed description of the classification society recognition process is provided in 46 CFR Part 8.

A list of classification societies that are recognized (accepted) and their authorizations are listed on the following web page: Classification Society Authorization.

CH-2 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13 When a vessel becomes U.S. flagged, the U.S.

Coast Guard will only allow issuance of a statutory certificate on behalf of the United States from a classification society which is recognized by the U.S.

Coast Guard and has a specific authorization for the issuance of that certificate.

If the vessel for which application is being made is not already classed by a recognized classification society, a transfer of class will be required in association with the MSP reflagging in order to comply with the MSP law. c.

A Performance Based Approach.

MSP law does not specify the scope or manner of the inspections to be carried out by the U.S.

Coast Guard to verify that MSP vessels fulfill requirements necessary to receive and maintain a COI.

Since the inception of MSP, regulatory oversight has been a combination of U.S.

Coast Guard inspections together with the results of the surveys conducted by ACSs.

While this methodology is employed more formally in ACP, the U.S.

Coast Guard has determined that sufficient authority exists within MSP law to rely upon, in certain cases, the reports and surveys of the ACS to verify continued compliance with the requirements for issuance of a COI.

To verify continued compliance with the requirements for issuing and maintaining a COI, the U.S.

Coast Guard is adopting a performance-based approach for regulatory oversight.

This NVIC formally establishes two levels of MSP inspection and oversight: MSP

(regular) and “MSP Select.” The former mirrors traditional U.S. Coast Guard inspection and the latter is similar to ACP. In order to replicate this ACP-like inspection enrollment process for MSP Select, a performance verification period is necessary to evaluate substantial compliance with the rules and regulations prior to MSP Select enrollment. Vessels may be enrolled in MSP Select after demonstrating satisfactory performance and substantial compliance with applicable rules and regulations for a period of at least three years inclusive of the first under keel survey (drydock or UWILD) subsequent to being reflagged under MSP. Additional information on MSP-Select can be found in Enclosure

(4) of this NVIC.

This two-level approach affords the U.S.

Coast Guard the ability to apply more oversight to newly reflagged vessels and allows reduced oversight for vessels with an established history of satisfactory performance.

Therefore, newly enrolled MSP vessels will continue to be inspected by the U.S.

Coast Guard, consistent with traditional Coast Guard inspection schedules, to verify compliance with the international conventions, recognized classification society rules, and any applicable U.S. regulations (See Enclosure (3)).

After the three-year period of evaluation, MSP vessels will be eligible to seek enrollment as a “MSP Select” vessel.

Owners/operators wishing to enroll existing MSP vessels, which already meet the enrollment criteria at the time of NVIC publication, in MSP Select should apply in accordance with the provisions discussed in Enclosure (4).

MSP Select vessel oversight will consist of risk-based vessel examinations, COI renewal and annual examinations, and evaluations of ACS survey activities, with a scope comparable to ACP examinations.

U.S.

Coast Guard oversight will consist of attendance at annual examinations and may include attendance at drydockings, underwater surveys CH-2 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13 instead of alternate drydock examinations (UWILD), and ISM Code Safety Management System audits.

This approach allows the Coast Guard the opportunity to evaluate the effectiveness of ACSs in carrying out their duties as an alternative to that of traditional U.S.

Coast Guard inspections.

U.S.

Coast Guard oversight activities are necessary to identify and correct MSP policy discrepancies while minimizing duplication of effort and avoiding interruption of vessel schedules. d.

Alignment with Class Surveys.

To promote consistency, the oversight protocol for the MSP Select Program will be much like ACP (See Enclosure (4)).

Because MSP vessels can retain foreign approved systems and equipment under MSP law, there are no supplements associated with MSP to address the alignment of surveys and testing of equipment to meet the U.S.

Code of Federal Regulations.

Therefore, while an ACP supplement is not used, to the maximum extent possible for MSP Select vessels, the procedures of the ACS may be used as the basis for inspection or survey, unless an alternative U.S.

Coast Guard interpretation is prescribed.

However, nothing limits the authority of the U.S.

Coast Guard to define the method of testing for any equipment or system, or the scope and duration of any inspection needed, to verify compliance with the standards contained in MSP law.

For MSP Select vessels, the U.S.

Coast Guard will align its examination and oversight activities with the class society survey schedule whenever possible.

The U.S.

Coast Guard will strive to avoid duplication of effort with classification societies but must also be afforded reasonable opportunity to send a U.S.

Coast Guard marine inspector (MI) to any survey.

To do this effectively, the owners/operators must provide the U.S.

Coast Guard with sufficient advance notice of survey activities.

A minimum of fourteen days advance notice for drydocking and other non-emergency surveys is appropriate for MSP Select vessels.

If the survey will be conducted in a remote location, or a location outside of U.S., the cognizant OCMI requires a minimum 30-day advance notice to schedule the attendance of an inspector.

Failure to provide adequate notice may result in the U.S.

Coast Guard attending at a different time/location independent of the ACS.

Additionally, the U.S.

Coast Guard reserves the right to attend any survey for oversight and may conduct independent oversight as needed. e.

Appeals.

Persons aggrieved by a decision of the U.S.

Coast Guard may appeal in accordance with the procedures contained in Title 46 CFR 1.03.

The U.S.

Coast Guard will notify the appellant of its decisions.

Decisions may be applied as U.S.

Coast Guard policy.

Reference Section 1.14 of Enclosure (4) for the appeal procedures under MSP Select. 6.

DISCLAIMER.

This guidance is not a substitute for applicable legal requirements, nor is it itself a rule.

It is not intended to nor does it impose legally binding requirements on any party.

It represents the Coast Guard’s current thinking on this topic and may assist industry, mariners, the general public, and the Coast Guard, as well as other Federal and state regulators, in applying statutory and regulatory requirements.

You can use an alternative approach for complying with these requirements if the approach satisfies the requirements of the applicable statutes and regulations.

If you want to discuss an alternative approach you CH-2 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-13 may contact Coast Guard Headquarters, Office of Commercial Vessel Compliance, Domestic Vessels (CG-CVC-1) using the contact information provided above. 7.

RECORDS MANAGEMENT CONSIDERATIONS.

This Circular has been thoroughly reviewed during the directives clearance process, and it has been determined there are further records scheduling requirements, in accordance with Federal Records Act, 44 U.S.C. 3101 et seq., NARA requirements, and Information and Life Cycle Management Manual, COMDTINST M5212.12 (series).

This policy does not create significant or substantial change to existing records management requirements. 8.

ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS.

After careful review of the program and its environmental impacts, the U.S.

Coast Guard has determined that this guidance document is excluded from further analysis under the National Environmental Policy Act by categorical exclusion 33 of Table 2-1, COMDTINST 16475.1 (series) as it implements, without substantive change, the applicable Commandant Instructions or other federal agency regulations, procedures, manuals, and other guidance documents.

None of the exceptions listed in Chapter 2 B 2 (b) of COMDTINST 16475.1 (series) apply. 9.

FORMS/REPORTS.

None.

J.

A.

SERVIDIO /s/ Rear Admiral, U.S.

Coast Guard Assistant Commandant for Prevention Policy Enclosure: (1) Maritime Security Program (MSP) Fundamentals

(2) Guidance for Initial Certification of MSP Vessels (MSP Reflag)

(3) Guidance for Inspection of MSP Vessels Subsequent to Initial Certification

(4) Guidance for the MSP Select Program CH-2