Who does §33 CFR 164 apply to for Federal carriage requirements of nautical charts and publications?

U.S. vessels meeting the applicability parameters in §33 CFR 164.01 are required to comply with federal carriage requirements for nautical charts and publications as found in §33 CFR 164.33 and §33 CFR 164.72. §33 CFR 164.01 applicability parameters are:  

(a) This part (except as specifically limited by this section) applies to each self-propelled vessel of 1600 or more gross tons (except as provided in paragraphs (c) and (d) of this section, or for foreign vessels described in §164.02) when it is operating in the navigable waters of the United States except the St. Lawrence Seaway.

(b) Sections 164.70 through 164.82 of this part apply to each towing vessel of 12 meters (39.4 feet) or more in length operating in the navigable waters of the United States other than the St. Lawrence Seaway; except that a towing vessel is exempt from the requirements of §164.72 if it is—

(1) Used solely within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows;

(2) Used solely for assistance towing as defined by 46 CFR 10.103;

(3) Used solely for pollution response; or

(4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from §164.72 for a specified route if he or she decides that exempting it would not allow its unsafe navigation under anticipated conditions.

(c) Provisions of §§164.11(a)(2) and (c), 164.30, 164.33, and 164.46 do not apply to warships or other vessels owned, leased, or operated by the United States Government and used only in government noncommercial service when these vessels are equipped with electronic navigation systems that have met the applicable agency regulations regarding navigation safety.

(d) Provisions of §164.46 apply to some self-propelled vessels of less than 1600 gross tonnage.

Vessel Exemptions

Foreign Vessels

According to § 33 CFR 164.02, foreign vessels do not fall under the jurisdiction of these requirements with the exception of §164.46(c) and:

1. Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and
2. Are in:

(ii) Transit through navigable waters of the United States which form a part of an international strait.

Foreign flag vessels may be regulated by SOLAS Chapter V 19.2.1 & SOLAS regulation 27, their respective flag state authority (FSA), company administration, and safety management system manual for nautical chart and publication requirements. It is important that administrations, ship owners, fleet mangers, and masters know the requirements for compliance purposes but also to ensure vessels are operated safely. 

Towing Vessels

a towing vessel is exempt from the requirements of §164.72 if it is—

(1) Used solely within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows;

(2) Used solely for assistance towing as defined by 46 CFR 10.103;

(3) Used solely for pollution response; or

(4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from §164.72 for a specified route if he or she decides that exempting it would not allow its unsafe navigation under anticipated conditions.

Government Vessels

(c) Provisions of §§164.11(a)(2) and (c), 164.30, 164.33, and 164.46 do not apply to warships or other vessels owned, leased, or operated by the United States Government and used only in government noncommercial service when these vessels are equipped with electronic navigation systems that have met the applicable agency regulations regarding navigation safety.

Nautical Charts 

Commercial Vessels

 According to § 33 CFR 164.33, for paper nautical charts to be valid and meet the carriage requirements for U.S. flag vessels the charts must:

1. Be published by a government hydrographic organization
2. Cover the intended voyage route for the vessel.
3. Be large enough scale and provide sufficient navigation data for safe navigation of the area.
4. Be corrected to the latest notice to mariners (NTMs) 

Approved government hydrographic organizations include but not limited to:

• United Kingdom Hydrographic Office (UKHO) 
• National Oceanic Atmospheric Administration (NOAA)
• National Geo-Spatial Intelligence Agency (NGA)
• U.S. Army Corps of Engineers 

U.S. flag vessels engaged solely in domestic voyages must have paper charts that meet the requirements on board unless alternative electronic charting arrangements have been made and are approved by the Coast Guard (See NVIC 01-16 COMDTPUB P16700.4).    

Towing Vessels 

Towing vessels that fall under the §33 CFR 164.72 regulation must have the following:

(1) Charts or maps. Marine charts or maps of the areas to be transited, published by the National Ocean Service (NOS), the ACOE, or a river authority that satisfy the following requirements:

(i) The charts or maps must be of a large enough scale and have enough detail to make safe navigation of the areas possible.

(ii) The charts or maps must be either—

(A) Current editions or currently corrected editions, if the vessel engages in towing exclusively on navigable waters of the U.S., including Western Rivers; or

(B) Currently corrected editions, if the vessel engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes.

(iii) The charts or maps may be, instead of charts or maps required by paragraphs (b)(1) (i) and (ii) of this section, currently corrected marine charts or maps, or applicable extracts, published by a foreign government. These charts or maps, or applicable extracts, must contain information similar to that on the charts or maps required by paragraphs (b)(1) (i) and (ii) of this section, be of large enough scale, and have enough detail to make safe navigation of the areas possible, and must be currently corrected.

Electronic Chart Display & Information System (ECDIS) & Electronic Charting System (ECS)

ECDIS

Since the introduction of the electronic chart display & information system (ECDIS) for digital navigation, ECDIS has rapidly grown in use as the primary means of navigation in the maritime industry. As a response to this evolutionary change in navigation the U.S. Coast Guard published a notice in 42192  Federal Register / Vol. 69, No. 134 that provides their official policy by which ECDIS can be used to meet the chart carriage requirements outlined in § 33 CFR 164.33 for U.S. flag SOLAS class vessels and foreign flag vessels transiting to/from the U.S. It states: 

“If a ship has an approved ECDIS installed according to SOLAS chapter V, the ECDIS will be considered by the Coast Guard as meeting its nautical chart regulation in 33 CFR 164.33(a)(1), because the ECDIS meets the same navigational safety concerns as do paper nautical charts.”

This policy brings harmonization between federal and international regulations for chart carriage compliance. It also helps these vessels from the need to acquire duplicate electronic equipment. It is important to note that this policy notice applies to only foreign vessels commercially engaged with the U.S. and U.S. flag vessels who transit on international voyages and thus fall under the jurisdiction of the SOLAS 1974 Convention and it's ECDIS/ENC requirements.

A SOLAS class vessel can use ECDIS to replace paper nautical charts to satisfy chart carriage requirements under certain conditions:

1. Vessel acquires the necessary electronic navigation charts (ENCs) to be used in ECDIS for the transit. ENCs can be acquired through the Admiralty Vector Chart Service (AVCS) or through other ENC services. 
2. Vessel has a functional back up ECDIS on board. 
3. *ECDIS is fully upgraded to the latest IHO standards.

*The International Maritime Organization (IMO) has clarified in Circ.266/rev1 that an ECDIS that is not upgraded to the latest IHO standards may not meet the carriage requirements as defined in SOLAS Chapter V 19.2.1. Mariners should contact their ECDIS manufacture to discuss if their ECDIS is fully upgraded to the latest IHO standards.

ECS ***NEW***

The U.S. Coast Guard in their recent circular NVIC 01-16 (COMDTPUB P16700.4) will now accept the use of an Electronic Charting System (ECS) to satisfy the nautical chart carriage requirement in §33 CFR 164.33 for domestic U.S. vessels who wish to voluntarily elect to use electronic charts instead of paper charts. The ECS must meet the updated July 2015 Radio Technical Commission for Maritime Services Standard (RTCM 10900.6) and the ship must have the required back up arrangements in order to be acceptable. The RTCM standard has four main ECS classifications that the U.S. Coast Guard has recognized in NVIC 01-16 (COMDTPUB P16700.4):

1. RTCM class 'A' ECS to meet the chart carriage requirements for vessels not on international voyages. The Coast Guard considers RTCM class 'A' to be very similar in functionality as an ECDIS. As per the policy in NVIC 01-16 (COMDTPUB P16700.4), the Coast Guard requires mariners in charge of a navigational watch using a class 'A' ECS to have a successful completion certificate from a Coast Guard approved ECDIS course and have the appropriate endorsement on their Merchant Mariner Credential (MMC). This will meet the training requirement of 46 CFR § 15.405.
2. RTCM class 'B' or 'C' ECS to meet the chart carriage requirements for vessels operating not more than 12 nautical miles from the territorial sea baseline.46 CFR § 15.405 requires mariners who use a class 'B' or 'C' RTCM ECS be familiar with the ECS prior to assuming their duties. This requirement applies to RTCM class 'B' or 'C' ECS equipment used pursuant to this Circular. Mariners and companies must achieve similarity with the ECS by following the manufacture's standards, user manual, and company policies to document watch stander competency.       
3. RTCM class 'D' is not equivalent to paper marine charts under Circular NVIC 01-16 (COMDTPUB P16700.4), and therefore does not meet the chart carriage requirements prescribed in Titles 33 and 46 of the C.F.R.  

According to NVIC 01-16 (COMDTPUB P16700.4) domestic U.S. flag vessels have two options for back up arrangements when using ECS as primary means of navigation:

1. An equivalent ECS system that meets the appropriate RTCM standard, connected to a back up power supply separate and independent from the primary navigation system. Back up ECS must be integrated with external electronic position-fixing device, Automatic Identification System (AIS), Gyro-compass, and Marine Radar if these systems are installed on board. The Coast Guard further recommends to integrate a magnetic compass and voyage data recorder if they are installed on the ship already. 
2. A complete portfolio of nautical charts in accordance with 33 CFR part 164 for the intended voyage. 

Vessel owners are advised that although a RTCM approved ECS may satisfy for domestic carriage requirements it will not be accepted as SOLAS compliant for the purpose of SOLAS certificates by the Coast Guard. Vessel owners are recommended to carefully review all requirements for navigation compliance for a ship before committing to installation of electronic navigation equipment on board. 

Nautical Publications 

 §33 CFR 164.33 required publications on board for the intended transit area are:

1. U.S. Coast Pilot.
2. U.S.Coast Guard Light List
3. Current edition of Tide Tables. Vessels can use tide tables published by private entities as long as they use data from a government hydrographic source.   
4. Current edition of Tidal Current Tables. Vessels can use Tidal Current Tables published by private entities as long as they use data from a government hydrographic source.   

Vessels may use foreign government nautical publications as an alternative to U.S. nautical publications as long as they cover the intended transit area, are the latest editions, and are fully corrected. More recently, U.S. flag vessels may now also use digital nautical publications from the United Kingdom Hydrographic Office (UKHO) in lieu of their paper equivalent. The U.S. Coast Guard has approved the use of digital nautical publications such as Admiralty e-NP's and Admiralty Digital Publications (ADP) to meet § 33 CFR 164.33 and SOLAS chapter V carriage requirements in their USCG digital nautical publications acceptance letter to the UKHO. IMO publications in electronic format are also acceptable except for the International Code of Signals and IAMSAR Manual as per IMO Circular MSC-MEPC.2/Circ.2.

Required Nautical Charts & Publications

Disclaimer: American Nautical Services, Inc. assumes no responsibility for the accuracy and contents of this article.The information in this article has been provided for informational purposes only. Mariners should consult with their respective flag state authority, company administration, and safety management system (SMS) to ensure compliance with all current chart and publication carriage requirements on the domestic and international level.