Moreover, regarding passenger vessels, in this final rule we are not adopting the threshold of 50 or more passengers we proposed in the NPRM. The COTP, who can evaluate the waiver request based on the circumstances of the COTP zone in which the vessel will arrive, may grant a waiver “for any vessel or class of vessels upon finding that the vessel, route, area of operations, conditions of the voyage, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of safety, environmental protection, or national security.”. 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. We received a request from a trade association and many of its members to publish a supplemental notice of proposed rulemaking (SNPRM) in lieu of this final rule because they felt that we needed more time to properly address the cumulative impact of the rule and its associated costs, and to have it reflect a more current regulatory analysis. Please note that while we try to ensure consistency, there are port specific factors that the COTP must take in consideration when evaluating the potential risk that may be associated with a vessel arrival to his or her zone. We received various comments regarding the installation and integration of AIS with other navigation equipment and display systems. This rule will affect a larger portion of relatively smaller vessels, which are not currently included under existing regulations (including fishing vessels). These recordings allowed those who could not attend either meeting to listen to what was said at each meeting before the end of the comment period. (B) Do not operate at speeds in excess of 14 knots; and engaged in dredging operations; and. The definition of CDC was revised by a separate final rule entitled “Notification of Arrival in U.S. 24. We are active participants of the Federal Initiative for Navigation Data Enhancement (FINDE) Start Printed Page 5295and proponents of the FINDE ULC. electronic version on GPO’s govinfo.gov. Regarding the form itself, the CBP has noted that Form I-418, which is used by Masters, owners, or agents of vessels in complying with sections 231 and 251 of the Immigration and Nationality Act, is completed upon the vessel's arrival at its first port in the United States. One commenter stated that we failed to provide support for our assertion in our NPRM that passenger vessels added by the 50-passenger threshold would not be uniquely impacted. Various commenters questioned the need for AIS on fishing vessels, noting that these vessels are already being tracked by Vessel Monitoring Systems (VMS). Such vessels 300 gross tons or less and on a voyage of less than 24 hours may submit an NOA as late as 60 minutes before departure from the foreign port or place. In 2003, as part of our initial effort to obtain information before issuing an NPRM to expand AIS applicability beyond what was included in our temporary interim rule, we solicited responses to questions. [Redesignated as 160.203, 160.204 and 160.205]. h�bbd```b``�"f�H��:D2��E*@$�'�"ٿ��8�v�^ Each document posted on the site includes a link to the One commenter stated that MARPOL reception facility reporting should not be integrated into the electronic Notice of Arrival and Departure (eNOAD) program because the commenter supports the use of recently published IMO standardized Advance Notice Forms and Waste Delivery Receipt as the vehicle by which port states can collect information on the adequacy of MARPOL reception facilities in their nations. The commenter notes that the Coast Guard would already have information on the vessel's previous whereabouts at foreign ports. AIS requirements also provide for a better understanding of resources in the area of an incident and thus enable more effective response planning. Notification of award Contract agreement Performance security Contract Forms 16. (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. The guide also provides formatting conventions that allow ferry operators who continuously operate between two set locations, or operators of vessels that perform “voyages to nowhere” (such as workboats, dinner or excursion vessels, and certain other vessels that operate to and from their home berths), to encode their “Destination” and “ETA” fields only once. Boundary waters mean the waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary. Except for a tank vessel, a U.S. vessel operating solely between ports or places of the United States on the Great Lakes. This feature is not available for this document. OPGCL Reserves the right to reject all or to any of the tenders or to accept the tender or to accept the tender either in full or in part or to split of the contract without assigning any reason. 13. Because AIS was purposely designed to require minimal user interaction, entry for most data (e.g., MMSI, vessel name, call-sign, IMO Start Printed Page 5312number, type, dimensions, and antenna location) is required only once, at the time of installation. (e) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom, www.imo.org: (1) IMO Resolution A342(IX), Recommendation on Performance Standards for Automatic Pilots, November 12, 1975, IBR approved for § 164.13. 11. Accordingly, the final rule has been reviewed by the Office of Management and Budget (OMB). It is one of the best place for finding expanded names. And, as we discuss elsewhere, we have eliminated our proposed notice of departure. What is the full form of JCB JCB: Joseph Cyril Bamford. Register, and does not replace the official print version or the official documents in the last year, by the Nuclear Regulatory Commission The following table provides a comparison of regulatory impacts resulting from changes between the NPRM and the final rule. ); (ii) Name of each CDC carried, including cargo UN number, if applicable; and. 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. Each small entity will purchase one AIS device for each vessel it owns. Using the scenario of 150 lives saved for passenger vessels as our example, we can determine the number of years the final rule will have to prevent one incident involving 150 casualties in order for benefits to outweigh costs. While the vessel is in port, it shifts to Fort Lauderdale, which is still within the COTP Miami Zone. Automatic Identification System Aids to Navigation (AIS AtoN). 1223(b)(3) and 33 CFR 160.111 to restrict the operation of a vessel if he or she determines that, by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the restriction is justified in the interest of safety. In the NPRM we proposed adding a definition of “offshore supply vessel,” a term we use in exemption § 160.204(a)(1), based on the 46 U.S.C. The National Aids Control Organization, a division of the Ministry of Health and Family Welfare, Government of India, was established in 1992 with the aim of providing leadership to the HIV/AIDS control programme in India. The commenter recommends that the Coast Guard use VTS and/or AIS coverage to track vessel movements in the port area instead of requiring frequent NOA submissions for vessels carrying CDC within a port. These 11 categories are: Applicability, Broader Use of AIS, Expanding AIS Carriage, Impracticability, AIS and Nationwide AIS, Fishing Industry Concerns, AIS Class B, AIS Displays and Integration, Installation Period, AIS Pilot Plug, and Supplemental Notice of Proposed Rulemaking. Second, since 2007, our Nationwide AIS (NAIS) project has provided us with AIS receive capability throughout the Great Lakes, U.S. coastal waters and approaches, and in the most congested portions of the Western Rivers. We have not established a separate NOA exemption for tender vessels, but under § 160.204(a)(5)(ii), to the extent that the operations of tender vessels are exclusively within a single COTP zone, and the vessel is not carrying CDC, the tender vessel would not need to submit an NOA. All vessels that carry passengers are potential terrorist targets and may also provide a means of transportation for terrorists; particularly because passengers may board the vessel without having to go through thorough background checks required of some crewmembers. No new government resources are needed to process the NOA information or AIS-related requirements of this rule. We note that an NOA can be submitted directly to the NVMC via the eNOAD World Wide Web application or by email. Cell Phone No. We cannot address issues that pertain to the CBP or other agency regulations that involve immigrants; for purposes of Coast Guard NOAD regulations, however, we have left it to the owner or operator to determine which document more accurately reflects the spelling of a person's name. 70114, 70117; Pub. Specifically, NOA provides the stated intent of the vessel, which AIS complements by providing actual movement and a historical pattern of behavior. This information is used as a decision making aid by the Coast Guard field commanders and is also referenced in support of interagency and Department of Defense homeland security efforts. We also received public comments from ferry owners and operators regarding the burdensome nature of the requirements. registered in January 1992 (vide No. As for reporting to a single common authority, this final rule does not control where District Eight and Nine RNA regulations may require vessels subject to those regulations to report. 604(a), a summary of which we discuss below. (2) AIS must be maintained in effective operating condition, which includes—. 164.46 also issued under 46 U.S.C. We provided a 4-month comment period for the proposed rule. Terza Santa Maria è una goletta ad … The commenter noted that if its employees go shoreside to comply, they need to use Internet cafes that have computers and technology dating back to the 1990s. Also, under 46 U.S.C. In light of the analyses above, this final rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132. Coast Guard response: The need and objective of this final rule is to (1) fully implement the Marine Transportation Security Act of 2002 AIS directive found at 46 U.S.C. I, SOLAS, 32 U.S.T. As used in this subpart—. (3) Identifies the portion of the year in which the ferry maintains this schedule. 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. 10) Tender security should be submitted according to the regulation 22 (1) of PPR-2008 in form of Bank Draft or Pay order otherwise tender will be rejected. In addition to vessels subject to the MTSA, we estimate an additional 10 percent of voluntary compliance with this rule and information collection. This final rule does not require NODs. A JOINT VENTURE OF GOVT. We present these first. This final rule uses the following voluntary consensus standards: The section that references these standards and the locations where these standards are available are listed in § 164.03. This final rule also extends the applicability of AIS requirements beyond Vessel Traffic Service (VTS) areas to all U.S. navigable waters, and requires that additional commercial vessels install and use AIS, consistent with statutory requirements, and in limited cases, the Secretary's discretionary authority. The commenter specifically noted that when promulgating current AIS regulations in 2003, the Coast Guard determined that passenger vessels carrying 150 or fewer passengers do not pose a significant risk of a transportation security incident and therefore did not require such vessels to develop Coast Guard-approved vessel security plans, and that nothing in the NOAD AIS NPRM has changed the conclusion of very low security risk in the National Risk Assessment Tool (N-RAT) published in the 2003 Implementation of National Maritime Start Printed Page 5310Security Initiatives temporary interim rule. Those on a fixed route between two or more COTP zones qualify for an exemption if they make a one-time submission as specified in § 160.204(a)(5)(vii) to qualify for the exemption, and are required to make future submissions only if their schedules or other submitted information changes. Summary of the Collection of Information: We plan to collect, store, share, and analyze data transmitted by AIS to enhance MDA. 1333; Department of Homeland Security Delegation No. 164.13 also issued under 46 U.S.C. The additional cost for U.S. vessel owners and operators is for the new NOA fields on the NOA form; only three of these fields are new to industry. The AIS portion of this final rule is based on a statutory directive for the carriage of AIS devices onboard commercial vessels of a certain size or type; some of these vessels are expressly identified in 46 U.S.C. DHS determination to adopt a threshold of more than 150 passengers takes into account the consequences of a transportation safety or security incident and the impact on small entities 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. arriving from a foreign port or departing for a foreign port are required to submit arrival or departure manifests electronically. The commenter stated that its ships bounce between these ports on a daily basis and that the port chemical trading pattern occurs between these ports like a ball in a pinball machine. For example, a $9.1 million VSL means the public is willing to pay $9.10 to reduce the risk of a fatality by 1 in a million. 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