70114(a)(1)(A) and (C), MTSA length threshold. With respect to this final rule, we do not agree that we should add the offshore transfer of passengers or cargo as a factor for either of these definitions. We have placed NOAD applicability and exemption provisions from both the final rule and the NPRM adjacent to each other in the following derivation and comparison table so that you may quickly identify differences in vessels covered by this final rule compared with those the NPRM proposed to cover. Navigator Port facilitates compliance with requirements from charterers and port authorities. We have placed NOA applicability and exemption provisions from both the final rule and the current CFR adjacent to each other in the following derivation and comparison table so that you may Start Printed Page 5288quickly identify changes this final rule is introducing that may impact your vessel or company. For other differences see “AIS Comparison by Class Sheet” at http://www.navcen.uscg.gov/pdf/AIS_Comparison_By_Class.pdf. A combination of NOA, AIS, and VTS data provides a more complete picture that better enables us to meet our regulatory objectives of obtaining information necessary to help enhance the safety and security of U.S. ports and waterways. (b) AIS AtoN can be either real (physically fitted to the AtoN), synthetic (physically fitted somewhere other than to the AtoN) or virtual (physically nonexistent, but capable of being portrayed on AIS-capable displays). Noncompliance with eNOA requirements may result in denial of vessel entry and/or enforcement actions against responsible parties. 552(a) and 1 CFR part 51. The authority citation for part 118 continues to read as follows: Authority: A given set of factors, such as those described by the first commenter, may not pose a safety or security threat in one COTP zone, but may in another. This final rule makes revisions to NOAD regulations in 33 CFR part 160 that are necessary to require the submission of comprehensive and timely information on vessels entering U.S. ports and transiting U.S. waters. 2101(10b), that provide certain information to COTPs. The scenarios above show the loss of human capital only for passenger vessels with certain passenger capacities specified above, and with no regard for physical assets, it likely underestimates the monetary effects of a terrorist incident. . At any time, the USG may inspect and seize data stored on this IS. We received public comments stating that AIS implementation is too costly and should not be required for smaller vessel owner and operators. on 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. We have taken steps to eliminate duplicate reporting requirements and have established the NVMC World Wide Web site and eNOAD application to facilitate receipt of information required by both the Coast Guard and CBP. For questions pertaining to CBP electronic passenger and crew manifest requirements, please visit the NVMC's World Wide Web site at http://www.nvmc.uscg.gov or call the CBP at 409-727-0285, extension 238. In § 164.02, revise the introductory text of paragraph (a) to read as follows: (a) Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that: (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. The NOA update requirements in § 160.208 are designed to accommodate changes in arrival caused by non-weather factors, such as port and dock congestion or cargo availability. Once the vessel has entered U.S. waters, the last-port-or-place-of-departure data generated by Table 160.206(2)(ix) will provide us with sufficient data on a vessel's travel within U.S. waters to maintain MDA. (5) The following vessels neither carrying certain dangerous cargo nor controlling another vessel carrying certain dangerous cargo: (i) A foreign vessel 300 gross tons or less not engaged in commercial service. Document Drafting Handbook Though the program does not allow to send it when there are still errors some users simply ignore the remaining warnings and send the file "Noad.xml" from the SkyFile eNOAD folder manually by adding it as an attachment to an email. Prerequisites • Administration.exe . One commenter noted that exemptions in proposed § 160.204(a)(4)(iii) for U.S. towing vessels and U.S. barges operating solely between ports or places of the continental United States should include passenger vessels operating solely on fixed routes between ports and places of the continental United States. We did not make any changes from the proposed rule based on this comment. We multiplied the initial and annual costs of AIS installation by the number of vessels that each entity owns and then divided by the average annual revenues for each small entity to obtain the share of costs to total annual revenues. This exception more closely aligns with the CBP's exception in 19 CFR 4.7b(c)(1), which does not require ferries to submit either an electronic passenger arrival manifest or an electronic crew member arrival manifest. The information we need to better enable us to fulfill our missions, for example under 33 U.S.C. (3) U.S. vessels 300 gross tons or less, arriving from a foreign port or place, whose voyage time is—. The commenter noted that Houston is the petrochemical capital of the Americas, and is fed by surrounding industrial ports, the majority of which are in the same COTP zone. So whether a vessel is coming from a foreign port or place or another U.S. port or place, the COTP in Houston in the commenter's example will have access to that information. (I) Estimated dates and times of arrivals at and departures from these ports or places; and We received various comments regarding the installation and integration of AIS with other navigation equipment and display systems. 603(a), the agency must prepare a Final Regulatory Flexibility Analysis (FRFA) or have the head of the agency certify pursuant to 5 U.S.C. We expanded our definition of “CDC residue” in our “Notification of Arrival in U.S. Tackles both the technical and people changes the industry needs to make to guarantee cleaner plants and operations. 3501-3520). Some stated, correctly, that we did not include these costs in our regulatory analysis. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. When making collision avoidance determinations on a river or elsewhere, speed over ground data is more desirable and reliable than speed over water data, which does not reflect the impact of a current on the vessel's speed. Commercial Fishing and vessels engaged in dredging operations. We agree that we share security goals with the CBP. As previously mentioned, we have added three NOA data fields that are new to industry. Upon receipt of the request, the VTC may authorize a deviation if it is determined that, based on vessel handling characteristics, traffic density, radar contacts, environmental conditions and other relevant information, such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. Whether the voyage is short or long, because of the nature of their cargo, we require towing vessels moving CDC solely between ports or places of the contiguous 48 states, Alaska, and the District of Columbia to submit an NOA before departure, but at least 12 hours before arrival at the port or place of destination. If Casco Bay ferry system chooses to operate in two or more COTP zones then it would need to provide the COTPs in those zones a one-time submission of their schedule and the information requested in § 160.204(a)(5)(vii) to qualify for an exemption from standard NOA reporting. In the NPRM, we used 11 categories to describe our proposed revisions to NOA regulations. (b) AIS carriage—(1) AIS Class A device. In our NPRM, we proposed to revise the current NOA exemption in § 160.203(a)(3) that applies to all vessels operating upon the Mississippi River between its sources and mile 235, Above Head of Passes, and certain tributaries, so that this exemption would apply only to vessels required by 33 CFR 165.830 or 165.921 to report to IRVMC. These ASM applications will provide: exchange, reporting, and broadcast of environmental, meteorological, and hydrological data, as is currently being done on the St. Lawrence Seaway, Tampa Bay, and VTS Sault Ste. Captain of the Port zones are defined in 33 CFR part 3. To be consistent in our terminology, we changed “engaged in commercial towing” in paragraph (b)(1)(ii) that expressly covers towing vessels to “engaged in commercial service,” and in paragraph (b)(1)(v) we deleted the “es” from “cargoes” to match the term we point to as being defined in 33 CFR part 160 subpart C, “certain dangerous cargo.” We also replaced the content of the informational note to paragraph (b), which discussed AIS Class B devices, with information regarding a Coast Guard Captain of the Port's (COTP's) authority under 33 U.S.C. The incorporation by reference of certain publications listed in the final rule is approved by the Director of the Federal Register on March 2, 2015. See Table 7. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. Federal Register. We have determined that requiring an NOD for a vessel going to a U.S. port is unnecessarily redundant because the vessel would also have to submit an NOA for their next U.S. port of destination. New- 12th Edition of U.S. Chart No. 1, Symbols, Abbreviations and Terms used on Paper and Electronic Navigational Charts Please read the following information regarding this new edition. Frequency of Response: The existing OMB-approved number of responses is 613. 2035; Treaty Series 502), The following vessels neither carrying certain dangerous cargo nor controlling another vessel carrying certain dangerous cargo. The last-five-foreign-ports information is also needed for the Condition of Entry (COE) Program which assesses effectiveness of anti-terrorism measures in foreign ports. This final rule will impose no additional costs on ferry owners and operators. We assess additional improvements to safety and environmental protection quantitatively, given the existence of historic casualty Start Printed Page 5284data from which to develop such estimates. The following vessels must have on board a properly installed, operational Coast Guard type-approved AIS Class A device: (i) A self-propelled vessel of 65 feet or more in length, engaged in commercial service. We did not receive comments on our proposed § 160.205 to clarify who must submit an NOAD or on our proposed removal of a suspended requirement related to Customs Form 1302, so we did not use those two categories below. The CBP may grant clearance for a vessel to depart a U.S. port or place. Computer and internet access costs were captured by CBP in its 2005 Electronic Transmission of Passenger and Crew Manifests for Vessels and Aircraft (aka Advance Passenger Information System or APIS) final rule (70 FR 17820, April 7, 2005) that required all commercial vessels (minus ferries) “arriving in the United States from any place outside the United States,” to submit arrival manifests electronically; therefore, we did not include the cost of computers or internet service for vessels affected by our rule. Although it is not an impracticability, certain commenters expressed concerns with the requirement to continuously upkeep and ensure the accuracy of all AIS data fields. Due to decreasing costs of AIS units over the past 5-7 years, we estimate the cost per vessel to carry AIS (Class A) for this final rule to be about $4,500 (undiscounted) per vessel. 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Suggestions for improving the eNOAD World Wide Web page at www.navcen.uscg.gov ( 1-888-734-3247.. 277 ; 46 U.S.C active participants of the estimated costs of the analyses above, we provide the rationale the. Populations and transit events will enhance MDA scheduling inspections and updating electronic notice of Arrival/Departure ( eNOAD ) Guide! Port or place more comprehensive picture of the Radiotelephone Act ( Pub following example: a vessel to! Using $ 9.1 million as the electronic notice of hazardous conditions, the most effective tool available. That they be equipped with AIS 161, and the Protocol of relating! That separate rule addresses applicability, OCS enoad reporting requirements reporting times, as §§ 160.203, 160.204 and ]! Impact for each NAICS Code errors include that in Passport numbers and date that!
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