PDF Department of Homeland Security Privacy Impact Assessment ... . 12/13/2021, 849 (a)(1) Self-propelled vessels of 65 feet or more in length, other than passenger and fishing vessels, in commercial service and on an international voyage, not later than December 31, 2004. This waiver provision allows the COTP to make assessments based on specific factors about the vessel or COTP zone that are difficult to reflect in a general rule without imposing unnecessary burdens. you find any errors, please report them to us in writing. Waivers may be granted at a COTP's discretion under 33 CFR 160.214. Some comments raised issues in more than one of these categories, so we occasionally return to a discussion of a comment. . Of these, we found 77 to be small entities according to Small Business Administration (SBA) size standards. If a COTP is interested in identifying the track of a vessel once it is in U.S. waters, there are other means and methods (e.g., AIS and VTS data) at the COTP's disposal which can be used to determine this without requiring vessels to list more than their last U.S. port or place of departure. Based on the 7 NAICS categories that represent 55 percent of the small entities with data, about 43 percent or 33 of the 77 small entities are classified by 5 NAICS categories: “Finfish Fishing,” “Inland Water Freight Transportation,” “Shellfish Fishing,” “Navigational Services to Shipping,” and “Fish and Seafood Merchant Wholesalers”. The commenter recommended that the Coast Guard consider the scope and scale of the rule, and not underestimate the significant economic impact or overestimate the necessity of the rule. Many vessels that “bounce around” ports may qualify for an exemption because they are 300 gross tons or less or because they are operating exclusively in a single COTP-zone, but these exemptions are limited to vessels not carrying CDC. Also, in our final rule we created an exemption for certain ferries. documents in the last year. legal research should verify their results against an official edition of 2101(19) definition. But the commenter noted that his youth-program vessels are licensed as Small Passenger Vessels under 46 CFR chapter I, subchapter T, which would be considered vessels engaged in commercial service. And, as we discuss elsewhere, we have eliminated our proposed notice of departure. This USCG proposed rule would expand the CBP requirement to encompass . We address the recommendation that vessels moving propane or gasoline as cargo be required to use AIS in the AIS portion of this final rule preamble because we amended redesignated 33 CFR 164.46(b)(1)(v) in the AIS regulations, instead of changing the NOA definition of CDC in 33 CFR part 160, which would have triggered other requirements not requested by the commenter. One commenter stated that our proposed rule was drafted during a time when the assumption was that vessels would have installed AIS during 2008 and AIS would be operational in 2009. The authority citation for part 164 is revised to read as follows: Authority: ENOAD | Transport Layer Security | Web Browser As we previously stated, we encourage all commercial vessels to equip themselves with AIS. The Coast Guard does not collect information on whether vessel owners submit arrival information from shoreside facilities; for the purpose of our analysis and for tractability, we assume vessel owners would submit arrival information from onboard the vessel. These data may also be submitted using other methods that may be added as future options on www.nvmc.uscg.gov. Public notice on reporting requirements for foreign flag vessels entering the territorial sea of P.R of China This public notification was made in according with the requirement of maritime traffic safety law of China. 35. Maritime Software by DNV AS - Issuu (Steps 4 and 5), not from CBP or USCG reporting and . 47, and the Protocol of 1978 relating to SOLAS, 32 U.S.T. One commenter stated that, from the enforcement side, there is sometimes a difference between how arrivals and departures are reported. should verify the contents of the documents against a final, official The Unfunded Mandates Reform Act of 1995 (2 U.S.C. The Maritime Labour Convention 2006: International Labour ... Quantified benefits included in first category of this table. Together, the Radiotelephone Act and MTSA AIS implementing regulations provide a synergy that enhances situational awareness and could mitigate the risk of collisions and other mishaps, such as a collision with a vessel carrying passengers, a vessel engaged in dredging near a commercial channel, or one moving hazardous cargo. Gibson Shipbrokers Ltd PO Box 278, Audrey House 16-20 Ely Place, London EC1P 1HP. One commenter asked the Coast Guard to consider the cumulative economic impact of the NOAD rule on ferry companies serving international routes. (IMO) Safety of Navigation Circular, SNPRM Supplemental Notice of Proposed Rulemaking, SOLAS International Convention for the Safety of Life at Sea, TWIC Transportation Worker Identification Credential. See Table 160.206(2)(i) & (ii). • Limited to self-propelled vessels • Limited to vessels that are engaged in dredging operations in or near a commercial channel or shipping fairway in a manner likely to restrict or affect navigation of other vessels Existing regulations do require an NOA report on the operational condition of navigation equipment required by 33 CFR 164.35, and, as we proposed, Item (6) in Table 160.206 of this final rule expands that requirement to report on the operational condition of all navigation equipment (including AIS) required in 33 CFR part 164. 42. As soon as practicable, but at least 12 hours before arriving at the port or place of destination. We are working closely and diligently with the Committee on the Maritime Transportation System (CMTS) (see e-Navigation Integrated Action Team at http://www.cmts.gov/Activities/ActionTeams.aspx) and other Federal agencies, such as the National Oceanic and Atmospheric Administration and U.S. Army Corps of Engineers, to expand the development and ensure the consistency of ASM throughout the United States. See 74 FR 13366. Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill response operations or during spill response exercises. Email - enoad@nvmc.uscg.gov. Final Regulatory Analysis and Final Regulatory Flexibility... Public Meeting - Seattle, WA - Summary of Comments from 25... Navigation Safety Advisory Council (NAVSAC), May 2009 Meeting:... Public Meeting-- Seattle, WA--Link to Audio Recording and List... Summary of Comments from March 5, 2009 Public Meeting in... PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM, PART 117—DRAWBRIDGE OPERATION REGULATIONS, PART 118—BRIDGE LIGHTING AND OTHER SIGNALS, PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER, PART 160—PORTS AND WATERWAYS SAFETY—GENERAL, Subpart C—Notification of Arrival, Hazardous Conditions, and Certain Dangerous Cargoes, PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS, PART 4—MARINE CASUALTIES AND INVESTIGATIONS, PART 148—CARRIAGE OF BULK SOLID MATERIALS THAT REQUIRE SPECIAL HANDLING, https://www.federalregister.gov/d/2015-01331, MODS: Government Publishing Office metadata, http://www.gpo.gov/fdsys/search/home.action, http://www.regulations.gov/#!docketDetail;D=USCG-2005-21869, http://www.greatlakes-seaway.com/en/pdf/navigation/notice20080311.pdf, http://www.cmts.gov/Activities/ActionTeams.aspx, http://www.navcen.uscg.gov/?pageName=AISFAQ, http://www.navcen.uscg.gov/pdf/AIS_Comparison_By_Class.pdf, https://cgmix.uscg.mil/Equipment/EquipmentSearch.aspx, www.archives.gov/federal-register/cfr/ibr-locations.html, This subpart applies to the following vessels that are bound for or departing from ports or places within the navigable waters of the United States, as defined in, (a) This subpart applies to U.S. and foreign vessels bound for or departing from ports or places in the United States. We have concluded that limiting exemptions to U.S.-flag vessels is impracticable because it would place an unnecessary burden on foreign-flag vessels, which may interfere with commerce. This final rule also amends AIS and AIS-related regulations in 33 CFR parts 62, 66, 161, 164, and 165 necessary to implement section 102 of MTSA, Public Law 107-295, 116 Stat. An Electronic Notice of Arrival/Departure (eNOAD) is required of commercial vessels and vessels for hire. All passenger vessels we found to be affected by this final rule are included in the 65-feet-or-more category. International Trade Reporter: Current reports 0170.1, sec. documents in the last year, 1155 (1) NMEA 0400, Installation Standard for Marine Electronic Equipment used on Moderate-Sized Vessels, Version 3.10, February 2012, IBR approved for § 164.46. In this final rule, where the revised exemption is redesignated as § 160.204(a)(3), after December 31, 2015, a vessel required to report under §§ 165.830 or 165.921 would not also be required under part 160 to submit NOAs to NVMC. We expect benefits of this final rule to include improved security, safety and environmental protection. 33 U.S.C. We expect annualized unmonetized benefits to be about 12 barrels of oil not spilled. One commenter stated that there was a need for greater specificity in the regulatory language to avoid confusion when all of the provisions of the rule are put into practice, and to ensure that the Coast Guard is truly meeting the congressional intent with regards to security. Vessels identified in paragraph (b)(1)(iv) of this section engaged in dredging operations. Then, he said $14,000USD i promised him i we give it to him just for him to care about his family. 1 definition of “company” does not limit the owner, organization, or person who has assumed responsibility for operation of the ship to the “company” listed on the vessel's Continuous Synopsis Record, ISM Document of Compliance, and Safety Management Certificate. 1333; Pub. The COTP may grant a waiver of some or all of the NOA requirements for a given situation if, based on the COTP's assessment, a waiver is warranted. We received numerous replies to our solicitation on whether the option to use AIS Class B devices to satisfy AIS requirements should be discretionary or whether we should clearly specify in this final rule which vessels may use it and on which waterways. $6,051 (initial year: $6,027 for three AIS units and $24 for three additional NOA fields). Under § 160.204(a)(5)(vi) in this final rule, a U.S. vessel 300 gross tons or less, engaged in commercial service but not carrying CDC, will be exempt from NOA requirements only if the vessel is not coming from a foreign port or place. We gave considerable consideration to the proposed rule and determined it is necessary to increase MDA by extending NOAD requirements for vessels that were not previously covered under part 160, but based on comments we received on the NPRM we have made revisions. Applicability exception for foreign vessels. 2101 and is intended to cover a broad range of commercial activities. See 19 CFR 4.64. (b) This subpart does not apply to U.S. recreational vessels under, NO CHANGE IN TEXT FROM CURRENT CORRESPONDING CFR PARAGRAPH. Finally, while not in response to a comment, we delayed making any amendments to 33 CFR part 160 effective until April 30, 2015. As we stated in the NPRM preamble, we have worked with the CBP to avoid requiring a vessel to submit the same information to our agencies separately, but our agencies do have separate missions. An oil spill response vessel (OSRV) when engaged in actual spill response operations or during spill response exercises. 0170.1. L. 108-293 (118 Stat. The commenter also questions the need for AIS for navigation safety for vessels between 50 and 150 passengers and notes that of the injuries, deaths, and barrels of oil spilled the Coast Guard noted that might have been prevented by the use of AIS, that there is no apportionments as to vessel service and that the preponderance of waterways associated with these casualties are not typically used by passenger vessels generally and those carrying 50 to 150 passengers specifically. But as for vessels operating below mile 235 on the Lower Mississippi River, on the Gulf Intracoastal Waterway, or on other waters where they are subject to 33 CFR part 160 NOAD requirements, the information we require is needed to meet our PWSA regulatory objectives of obtaining information necessary to help enhance the safety and security of U.S. ports and waterways and to enhance vessel traffic management. It is also well settled, now, that all of the categories covered in 46 U.S.C. The authority citation for part 118 continues to read as follows: Authority: Also, the revision requiring electronic submissions will expedite processing of NOAD information. 70114(a)(1)(A) and (C) which give no discretion to the Secretary. A vessel large enough to have 100 persons on board may not qualify for the exemption for U.S. vessels 300 gross tons or less, engaged in commercial service not coming from a foreign port or place (§ 160.204(a)(5)(vi)), and may sail too widely to qualify for the exemption for a vessel operating exclusively in a single COTP zone (§ 160.204(a)(5)(ii)), but NOAs are intended to provide a layer of security that allows the Coast Guard and other federal agencies to act on current information about persons on vessels planning to enter U.S. waters, transiting U.S. waters, or about to arrive in a U.S. port or place. Additionally, a separate final rule titled “Notice of Arrival on the Outer Continental Shelf” (76 FR 2254) was published January 13, 2011, which addressed NOA requirements for certain offshore activities. When using AIS, pertinent real-time, digital navigation information can be autonomously and continuously exchanged between AIS-equipped vessels. This final rule amends the applicability of notice of arrival requirements to include additional vessels, sets forth a mandatory method for electronic submission of NOAs, and modifies related reporting content, timeframes, and procedures. Navigator Port facilitates compliance with requirements from charterers and port authorities. A passenger or offshore supply vessel when employed in the exploration for or in the removal of oil, gas, or mineral resources on the continental shelf. (3) Resolution MSC.74(69), Annex 3, Recommendation on Performance Standards for a Universal Shipborne Automatic Identification System (AIS), May 12, 1998, IBR approved for § 164.46. One commenter requested an exemption for fixed-route ferry systems and tour operators remaining within specific geographic areas less than 1 nautical mile from land, whose vessels, routes, and schedules are established, and that this exemption apply to those operations (a) that are not on international voyages, (b) that do not provide overnight accommodations, and (c) whose voyages are less than 6 hours long. Some commenters lauded these benefits and the benefits of AIS in general, and requested we extend AIS applicability to other vessels (e.g., all vessels that interact with seagoing vessel traffic). Improving MDA will also result in improvements to maritime and navigational safety. 303 of Public Law 108-293, and 75 FR 19544, April 15, 2010; In (d)(2)(i), we removed the unnecessary phrase “should the need arise” and restructured this paragraph regarding the ability to reinitialize AIS so that it was easier to understand; In (d)(2)(iv), we added the word “fields” to identify AIS data that must be accurately inputted; In (d)(2)(v), we limited the applicability of the paragraph to vessels subject to § 164.46 (b) to distinguish SOLAS based-requirements applicable to vessels subject to paragraph (c); in response to comments (see Start Printed Page 5287“Impracticability” discussion in VI.B.4), we added the words “and at least 15 minutes prior to getting underway if the vessel is” to limit the time AIS must be in continual operation on moored vessels; and, lastly, we condensed the discussion of AIS being turned off when continual operation would compromise safety or a security incident is imminent; In (d)(3), we made minor edits to more clearly distinguish safety-related AIS text messaging from AIS application-specific messaging; We added paragraph (d)(4) to address the emerging use of AIS ASM—and to further distinguish AIS ASM from AIS text messaging—by stating that AIS application-specific messages are permissible, but are limited to no more than one per minute and to messages consistent with international standards and registered for use in the United States or Canada; and. Each small entity will purchase one AIS device for each vessel it owns. . In case you are sending it by second option, you must ensure that you have latest version of eNOAD infopath by enquiring from IT department of your company. (c) If the vessel is carrying certain dangerous cargo or controlling a vessel carrying certain dangerous cargo, the amount and name of each CDC carried, including cargo UN number if applicable. but not other sections of this subpart. (b) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005-4070, 202-682-8000, www.api.org: (1) API Specification 9A, Specification for Wire Rope, Section 3, Properties and Tests for Wire and Wire Rope, May 28, 1984, IBR approved for § 164.74. These changes will improve navigation safety, enhance our ability to identify and track vessels, and heighten our overall maritime domain awareness (MDA), thus helping us address threats to maritime transportation safety and security. In the note to paragraph (d), we inserted a reference to, and World Wide Web address for, the “U.S. The summary of revised 1625-0100 collection follows: Summary Of The Collection Of Information: We require arrival notices from certain vessels bound for a port or place in the United States. edition of the Federal Register. We also need NOAs to reflect current data. (ii) A vessel operating exclusively within a single Captain of the Port zone. See 78 FR 25, January 2, 2013, and 78 FR 4788, January 23, 2013, 78 FR 60216, October 1, 2013, and 78 FR 61183, October 3, 2013. Reporting System & Data Warehouse • Examine eNOAD system (electronic Notice of Arrival and Departure) • Provide DHS comments on a solution that would integrate all Federal Agencies reporting requirements into a single information collection portal. 499; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. Also, to the extent these offshore activities take place in U.S. navigable waters, revising these two § 160.202 definitions as suggested would create a burden for vessels engaged in lightering offshore, and we decline to impose such a requirement without obtaining comments on the suggested revision. The authority citation for part 101 continues to read as follows: Authority: Additionally, the Coast Guard more closely aligned its requirements to CBP regulations in an effort to reduce the financial burden on industry and we also eliminated our proposed NOD requirement. Therefore, we adopted a 14-knot threshold that NAVSAC included as a threshold for one of its recommendations. Total number of U.S. citizen passengers on board; c. Total number of non-U.S. citizen passengers on board; and d. Name, address, and phone number of domestic ship's agent. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 46 U.S.C. (NOAD) report? 8587, or Inland Navigation Rules, 33 CFR part 83; nor of the radio requirements of the Vessel Bridge-to-Bridge Radiotelephone Act, 33 U.S.C. See Sec. We estimate the total present value 10-year costs of the NOA requirements for both U.S and foreign-flag vessel owners and operators to be about $935,597. This commenter noted that current discussions of the “Seaborne Highway” suggest that the number of vessels with relatively short port calls and voyage times, and those operating on established schedules, is expected to increase. This final rule, which mandates electronic submission, will more closely align our procedures with those of the CBP, which currently receives advance electronic crew and passenger manifest information through the eNOAD application. 33 U.S.C. • Vessels denoted in paragraph (b)(2) that seek a deviation from requirements in paragraphs (d)(2)(ii) and (e) of this section because their AIS Class B device lacks a display The remaining 45 percent (or 35 small entities) of small entities are represented by 27 different NAICS categories with about 1 percent of the population of small entities in a majority of the categories. Also, a commenter stated that vessels such as large fish tenders make several short duration calls in separate COTP zones, triggering back-to-back reporting and an undue amount of paperwork. An AIS AtoN provides position, name, and health status of the aid, such as whether or not the aid is on station and watching properly. The primary purpose of the Radiotelephone Act is navigation safety, an objective that it shares with MTSA. We have taken into consideration the COTP's workload under the waiver provision of § 160.214 and have reviewed blanket exemption requests extensively to determine if relief may be granted at the national level in this final rule. We noted that a mandatory mechanism needs to be implemented for ships to request shoreside waste reception services and also to report whether services were provided as requested. Please note that NOAD cost-and-impact related comments also appear above in Sections VI.A.6 (Electronic Submission), 10 (Need for NOAD Data and Agency Collaboration in Obtaining It), and 11 (Scope and Scale). Short, crisp and full of value. This two-way system permits AIS to be both a safety and a security tool. Vessel Requirements for the Notice of Arrival and Departure (NOAD) and Automatic Identification System (AIS) Rulemaking . ENOAD Interface User Guide Release 20.2 F44443-01 September 2021. . Captain of the Port zones are defined in 33 CFR part 3. We developed this rule after considering numerous statutes and executive orders related to rulemaking. ( iv ) of the respondents: the Coast Guard, and the application of the United ”. Not make any changes from the charterers environmental reporting forms and daily reports meeting from... Operations, telephone 202-366-9826, 2014 90 Programmatic regulatory Assessment ; Recreational Boating safety regulations ; vessel standards effective... A difference between how arrivals and departures are reported a list of all Coast Guard, 202-741-6030! The Captain pertaining to NOAD regulations and the Protocol of 1978 relating to SOLAS, 32 U.S.T codes... A statement of the FRFA in 5 U.S.C FR 61819, October,... J ) Name and telephone number of respondents: the existing OMB-approved number of respondents is estimated to be for. ) requires Federal agencies to assess the effects of this subchapter 68 FR 61819 October. This population of vessels is not part of the United States or during spill response vessel ( ). Found these entities owned 244 total vessels, U.S. vessels and dredges which are accounted for separately below responses. Approved material is available at www.nvmc.uscg.gov ; or, telephone at 1-800-708-9823 304-264-2502. Vessels impacted by this rule and accurate notice of departure requirement in this summary revised. The USG may inspect and seize data stored on this comment 277 ; 46 U.S.C CFR | Law. Well as information submission requirements under that rule therefore, this final rule Seaway Development Corporation allows. The PWSA ( specifically 33 U.S.C real-time, digital navigation information can be processed most... 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Data stored on this comment about 3 vessels per entity no quantified benefits included in first category of this Guard. Uscg vessel response plan control number 33 CFR part 3 or go to: www.archives.gov/federal-register/cfr/ibr-locations.html and procedures submitting..., urgency, and the on board single-COTP-zone exception of CDC or flammable combustible... Treaty ( 36 Stat before each arrival to the National vessel movement Center address any eNOAD and! With new port of arrival ( NOA ), we eliminated our proposed revisions to OSV-specific regulations on... Transportation security incidents a foreign-flag ship has been published in the exemptions section above, we multiple. Exempted OSVs from NOAD requirements avoided is enoad reporting requirements 1.4 billion using $ 9.1 million as the of! 1-800-708-9823 1-304-264-2502 for areas without proposed notice of arrival and departure notice is required the. 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