Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System, 76295-76318 [E8-29698]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Proposed Rules]
[Pages 76295-76318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29698]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 160, 161, 164, and 165

[USCG-2005-21869]
RIN 1625-AA99


Vessel Requirements for Notices of Arrival and Departure, and 
Automatic Identification System

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to expand the applicability of 
notice of arrival and departure (NOAD) and automatic identification 
system (AIS) requirements to more commercial vessels. This proposed 
rule would expand the applicability of notice of arrival (NOA) 
requirements to additional vessels, establish a separate requirement 
for certain vessels to submit notices of departure (NOD), set forth a 
mandatory method for electronic submission of NOA and NOD, and modify 
related reporting content, timeframes, and procedures. This proposed 
rule would also expand the applicability of AIS requirements, beyond 
Vessel Traffic Service (VTS) areas, to all U.S. navigable waters and 
require AIS carriage for additional commercial vessels. These proposed 
changes would improve navigation safety, enhance the Coast Guard's 
ability to identify and track vessels, heighten our overall maritime 
domain awareness, and thus help us address threats to maritime 
transportation safety and security and mitigate the possible harm from 
such threats.

DATES: Comments and related material must reach the Docket Management 
Facility on or before April 15, 2009. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before April 15, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2005-21869 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    Online: https://www.regulations.gov.
    Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    Fax: 202-493-2251.
    You must also send comments on collection of information discussed 
in the Paperwork Reduction Act section of this NPRM (VI. D.) to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget. To ensure that the comments are received on time, the preferred 
method is by e-mail oira_submission@omb.eop.gov (the subject line of 
the e-mail must include the docket number and Attention: Desk Officer 
for Coast Guard, DHS) or by fax at 202-395-6566. An alternate, though 
slower, method is by U.S. mail to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
    You may inspect the material proposed for incorporation by 
reference at room 1409, U.S. Coast Guard Headquarters, 2100 Second 
Street, SW., Washington, DC 20593-0001 between 9 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
202-372-1563. Copies of the material are available as indicated in the 
``Incorporation by Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on the NOAD 
portion of this proposed rule, contact Lieutenant Sharmine Jones, 
Office of Vessel Activities (CG-543), Coast Guard, 
Sharmine.N.Jones@uscg.mil, telephone 202-372-1234. If you have 
questions on the AIS portion of this proposed rule, contact Mr. Jorge 
Arroyo, Office of Navigation Systems (CG-5413), Coast Guard, 
Jorge.Arroyo@uscg.mil, telephone 202-372-1563. If you have questions on 
viewing material in the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Background and Purpose
    A. Threat to the Marine Transportation System
    B. Notice of Arrival and Departure
    C. Automatic Identification System
    D. AIS Displays and Integration
    E. Maritime Domain Awareness
    F. Nationwide AIS
III. Regulatory History
    A. Notice of Arrival
    B. Automatic Identification System
    C. Expansion of AIS Carriage
IV. Discussion of Comments Received on Expansion of AIS Carriage
    A. Need for AIS and Scope of Availability
    B. Reason AIS Requirement Was Not Expanded to All Vessels
    C. Use of AIS Class B Devices
    D. Deviation From AIS Requirements
    E. Relation of Coast Guard AIS Receiving Infrastructure to 
Requirement for AIS in All Waters
V. Discussion of Proposed Rule
    A. NOAD Revisions
    B. AIS Revisions
    C. Incorporation by Reference
VI. Regulatory Analysis
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

Table of Abbreviations and Acronyms

AC Alternating Current
AIS Automatic Identification System
AOR Area of Responsibility
API American Petroleum Institute
APIS Advance Passenger Information System
ARPA Advanced Radar Plotting Aid
ASTM American Society for Testing and Materials
CBP U.S. Customs and Border Protection
CDC Certain Dangerous Cargo
CFR Code of Federal Regulations
COP Common Operating Picture
COTP Captain of the Port
CSTDMA Carrier-sense Time Division Multiple Access
DGPS Differential Global Positioning System

[[Page 76296]]

DHS U.S. Department of Homeland Security
ECDIS Electronic Chart Display and Information System
ECS Electronic Chart System
eNOAD Electronic Notice of Arrival and Departure
FCC Federal Communications Commission
GPS Global Positioning System
GT Gross Registered Tons
IEC International Electrotechnical Commission
IMO International Maritime Organization
IRVMC Inland River Vessel Movement Center
ISM International Safety Management
ISPS International Ship and Port Facility Security
ISSC International Ship Security Certificate
ITU International Telecommunications Union
MDA Maritime Domain Awareness
MISLE Marine Information for Safety and Law Enforcement
MKD Minimal Keyboard Display
MMSI Maritime Mobile Service Identity
MTS Marine Transportation System
MTSA Maritime Transportation Security Act of 2002
NAICS North American Industry Classification System
NAIS Nationwide Automatic Identification System
NARA National Archives and Records Administration
NEPA National Environmental Policy Act of 1969
NOA Notice of Arrival
NOAD Notice of Arrival and Departure
NOD Notice of Departure
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
NVMC National Vessel Movement Center
OMB Office of Management and Budget
OSRV Oil Spill Response Vessel
PV Present Value
PWSA Ports and Waterways Safety Act
RA Regulatory Assessment
RFA Regulatory Flexibility Act
RTCM Radio Technical Commission for Maritime Services
SBA Small Business Administration
SCC Sector Command Center
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
USCS United States Customs Service
VSL Value of Statistical Life
VTC Vessel Traffic Center
VTS Vessel Traffic Service

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to https://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2005-21869), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES, but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2005-21869) in the Docket ID box, and click 
enter. If you do not have access to the internet, you may view the 
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act, system of 
records notice regarding our public dockets in the January 17, 2008 
issue of the Federal Register (73 FR 3316).

D. Public Meeting

    We plan to hold one public meeting in Washington, DC. The date, 
time, and location will be announced by a later notice in the Federal 
Register. You may submit a request for additional public meetings under 
ADDRESSES explaining why one would be beneficial. If we determine that 
additional public meetings would aid this rulemaking, we will hold one 
or more at a time and place announced by a later notice in the Federal 
Register.

II. Background and Purpose

    This section discusses threats to the maritime transportation 
system, and provides background information on the elements of notice 
of arrival and departure (NOAD) and the automatic identification system 
(AIS). This section also discusses maritime domain awareness, the 
Nationwide AIS project, and the role NOAD and AIS will play in 
increasing our understanding of the maritime domain.

A. Threat to the Marine Transportation System

    A terrorist attack against the U.S. marine transportation system 
(MTS) has the potential to inflict a disastrous impact on global 
shipping, international trade, and the world economy. Waterborne 
commerce enters the United States through more than 360 ports, 
transiting over 26,000 miles of commercially navigable waterways, 
carried by more than 8,000 foreign vessels, making more than 50,000 
port calls a year. Over six million cruise ship passengers travel 
annually from U.S. ports, and domestic ferries transport over 180 
million passengers annually. At any given time, we estimate that over 
5,000 commercial vessels are within 2,000 nautical miles or 96 hours of 
our shores.
    Threats to our MTS can come from a variety of scenarios. Use of 
explosive-laden small boats to attack larger vessels to cause injury 
and loss of life has already been demonstrated in the cases of the USS 
COLE and the MT LIMBURG. The use of an explosive device on a commercial 
ferry was also demonstrated when, in August 2005, several persons were 
killed and dozens of others were injured after a bomb exploded on the 
M/V DONA RAMONA in the Philippines. Other possible terrorist scenarios 
include use of maritime transportation routes to smuggle weapons of 
mass destruction or terrorists into the United States. In December 
1999, a person planning to bomb the Los Angeles International Airport 
was arrested at Port Angeles, WA, after he got off a ferry arriving 
from Canada and customs agents discovered explosives in the trunk of 
his car. The large geographic area that is occupied by U.S. waterways, 
combined with the high volume of commercial and recreational

[[Page 76297]]

vessel traffic on those waterways, presents enormous challenges for 
preventing terrorist incidents.
    The terrorist attacks of September 11, 2001, along with maritime-
related terrorist events listed in the paragraph above, call attention 
to the vulnerability of the United States to potential terrorist 
attacks. U.S. waterways and ports present both vulnerable and 
attractive targets, as well as a means of transportation for 
terrorists. The Coast Guard, working with other international, 
national, State, and local agencies, has acted to identify and counter 
the threat to our MTS. In an effort to ensure that we make the most 
cost-effective use of our resources and funding, we have identified the 
need for a comprehensive knowledge and understanding of all activities 
in our maritime domain as key to preventing a terrorist attack.

B. Notice of Arrival and Departure

    Under 33 CFR part 160, owners, agents, masters, operators, or 
persons in charge of vessels must file notices of arrival (NOA) before 
such vessels enter a U.S. port. The Coast Guard's NOA requirements had 
been in effect for decades before the terrorist attacks of 9/11. 
Vessels over 300 gross tons submitted pre-arrival notices directly to 
the applicable arriving port only 24 hours in advance. On October 4, 
2001, the Coast Guard published a temporary final rule under the 
authority of the Ports and Waterways Safety Act (PWSA) (33 U.S.C. 1221-
1232), increasing the submission time for a notice of arrival (NOA) 
from 24 to 96 hours prior to arriving at a U.S. port or place; required 
centralized submissions of this information to the National Vessel 
Movement Center (NVMC); temporarily suspended exemptions from reporting 
requirements for some groups of vessels; and required submission of 
passenger, crew, and cargo information. See 66 FR 50565 (Oct. 4, 2001).
    The information in notices of arrival provides the Coast Guard with 
valuable data for screening vessels for safety and security purposes. 
We have no current regulation in place, however, to capture vessel, 
crew, passenger, or specific cargo information on vessels 300 gross 
tons or less intending to arrive at or depart from U.S. ports or places 
unless they are arriving with certain dangerous cargo (CDC) or are 
arriving at a port or place in the Seventh Coast Guard District--which 
includes South Carolina, most of Georgia and Florida, and the island 
possessions of the United States pertaining to Puerto Rico and the 
Virgin Islands. See 33 CFR 160.203(b)(1) and 160.210(c). This proposed 
rule would expand the applicability for NOADs to further enhance 
homeland security by increasing our awareness of vessels and people 
entering or departing U.S. ports or places.
    We propose to eliminate the current 300-gross-tons threshold 
exception and to require NOADs from all foreign commercial vessels 
departing to or coming from a port or place in the United States and 
all U.S. commercial vessels coming to a U.S. port or place from a 
foreign port. Requiring more vessels to report a NOAD will allow the 
Coast Guard to screen more vessels for safety and security purposes 
well in advance of an arrival, thereby enhancing the safety and 
security of our ports and waterways.

C. Automatic Identification System

    Section 102 of the Maritime Transportation Security Act of 2002 
(MTSA), Public Law 107-295, 116 Stat. 2064, mandates that automatic 
identification systems (AIS) be installed and operating on most 
commercial vessels on navigable waters of the United States. See 46 
U.S.C. 70114.
    AIS automatically broadcasts dynamic, static, and voyage-related 
vessel information that is received by other AIS-equipped stations. AIS 
has achieved acceptance through worldwide adoption of performance and 
technical standards developed by diverse international bodies, such as 
the International Maritime Organization (IMO), the International 
Telecommunications Union (ITU), and the International Electrotechnical 
Commission (IEC), that ensure commonality, universality, and 
interoperability. Further, installation of such equipment is required 
on vessels subject to the International Convention for the Safety of 
Life at Sea, 1974, (SOLAS), as amended. See specifically SOLAS, Chapter 
V, regulation 19.2.4. https://www.navcen.uscg.gov/enav/ais/
SOLAS.V.19.2.1-5.pdf.
    In ship-to-ship mode, AIS provides essential information to other 
vessels, such as name, position, course, and speed, that is not readily 
available on board vessels. In the ship-to-shore mode, AIS allows for 
the efficient exchange of vessel traffic information that previously 
was only available via voice communications with a VTS. In either mode, 
AIS enhances the mariner's situational awareness, makes possible the 
accurate exchange of navigational information, mitigates the risk of 
collision through reliable passing arrangements, facilitates vessel 
traffic management while simultaneously reducing voice radiotelephone 
transmissions, and enhances maritime domain awareness (MDA).
    For further information and background on AIS, see 68 FR 39353, 
39355 (July 1, 2003); 68 FR 60559, 60560 (Oct. 22, 2003); or visit 
https://www.navcen.uscg.gov/enav.

D. AIS Displays and Integration

    Shipboard AIS devices are divided into two classes. AIS Class A 
devices come with a minimal keyboard display (MKD) that allows the user 
to input AIS information (e.g., vessel identity, dimensions, navigation 
status, and antenna location) and to access all information received 
from other devices. AIS Class B devices require this input to be pre-
programmed into the device. For further discussion of AIS Class A and 
Class B, their differences and similarities, see Section IV, Discussion 
of Comments below. Both types of shipboard AIS allow multiple input-
output and display (presentation) options that facilitate using or 
integrating AIS data on other navigational systems, such as radar, 
Advanced Radar Plotting Aid (ARPA), Electronic Chart Display and 
Information System (ECDIS), and Electronic Chart System (ECS).
    The greatest benefits of AIS will be achieved by its widest use, 
both by the number of vessels that use it and its integration and 
synergy with other shipboard systems. Although we encourage full 
integration of AIS with all navigation systems, this proposed rule 
would not require such integration because of the current limited 
availability of type-approved equipment that can readily and reliably 
integrate AIS and these other systems (e.g., ECDIS, ARPA, radar, and 
chart plotters). We caution mariners who seek to integrate the 
equipment on their own, particularly on non type-approved equipment. 
This view is also set forth in recommendations by the Transportation 
Research Board's ``Special Report 272, Shipboard Automatic 
Identification System: Meeting the Needs of the Mariners''; see https://
fermat.nap.edu/catalog/10708.html.
    The Conference Report accompanying the Coast Guard and Maritime 
Transportation Act of 2004 (Public Law 108-293) states ``[we] should 
require the AIS system information to be integrated with the electronic 
chart display.'' See H. Conf. Rep. No. 108-617, at 82 (July 20, 2004). 
Section 410 of this Act mandates that electronic charts be installed 
and operational on basically the same vessel population mandated to 
have AIS under the MTSA. The Coast Guard expects to implement this 
electronic chart mandate and address

[[Page 76298]]

the display of AIS on electronic charts through a separate rulemaking.

E. Maritime Domain Awareness

    In October 2005, the National Security Council and Homeland 
Security Council jointly published ``The National Plan to Achieve 
Maritime Domain Awareness,'' (available at https://www.dhs.gov/xlibrary/
assets/HSPD_MDAPlan.pdf), a collaborative inter-agency effort in 
support of the National Strategy for Maritime Security. This plan 
defines MDA as the effective understanding of anything associated with 
the global maritime domain that could impact the security, safety, 
economy, or environment of the United States. The Plan also identifies 
MDA as a key component of an active, layered maritime defense in 
depth--expanding maritime boundaries.
    MDA involves both the process of receiving and analyzing data as 
well as the system of technology that facilitates this process. To 
maximize the employment of our resources, MDA, among other things, 
requires monitoring and tracking vessels, cargo, and people. Cold War 
legacy data collection capabilities must be integrated with current and 
emerging capabilities and systems to provide near real-time awareness 
of maritime threats.
    Our primary method for collecting AIS information will be the 
Nationwide Automatic Identification System (NAIS) network. These data 
will be used in conjunction with the national maritime common operating 
picture (COP). The COP is a near real-time information grid that will 
be shared by all U.S. Federal, State, and local agencies with maritime 
interests and responsibilities. COP data will be accessible to all 
users, except when limited by security restrictions, policy, or 
regulations.
    NOAD, NAIS, and AIS, when employed together, provide a major 
portion of the information needed for MDA. AIS provides real-time 
information on vessels that can be correlated with NOAD data to enable 
us to track vessel movements in or bound for U.S. waters via NAIS COP.
    Expanding NOAD and AIS applicability broadens our sources of 
information and enhances MDA. The combined NOAD and AIS information is 
one critical element in the overall MDA process, along with data 
collected from other various maritime and maritime-related sources. 
These data streams will form part of the COP and will also then be 
reviewed by analysts to identify vessels, persons, and activities that 
might be suspect through a process known as anomaly detection.
    Anomaly detection assists us in the early identification of 
possible terrorist or other suspicious activities, which in turn allows 
us to take appropriate preventive measures to protect public safety and 
economic security. This enhanced MDA would improve our ability to 
prevent and respond to terrorist attacks.
    The greater synergy of NOAD and AIS is realized when they are 
combined to provide a comprehensive picture of the maritime domain. The 
COP uses input from various sources to provide both a visual display of 
ship movements as well as a display of each vessel's accompanying 
information.
    The intent of the system is to allow the Coast Guard to review the 
different data elements against one another to detect anomalies. For 
example, a Coast Guard unit may identify a vessel prepared to enter a 
U.S. harbor. The Coast Guard unit could call up that vessel's 
information and review its destination. At that time, the Coast Guard 
would review the vessel's notice of arrival (NOA) and may observe that 
the vessel has reported it is bound for the container docks. Later, the 
AIS broadcast may indicate that the vessel did not maneuver to turn 
down the channel to the container docks as expected and is instead 
proceeding on a collision course with a major marine transportation 
infrastructure on the other side of the harbor. In this example, the 
comparison of different data sources would have allowed the Coast Guard 
to recognize this anomaly in reported data, to deploy the necessary 
resources, and to notify the surrounding infrastructure.
    This is just one of many scenarios that fuse NOAD and AIS data to 
ensure maritime traffic is being monitored and evaluated.

F. Nationwide AIS

    In response to a Congressional mandate in 46 U.S.C. 70113(a), 
emerging homeland security requirements, and the need to improve 
navigational safety, the Coast Guard initiated the Nationwide AIS 
(NAIS) project: a major Federal acquisition project to collect, 
aggregate, and share information concerning AIS equipped vessels 
operating on or bound for waters subject to the jurisdiction of the 
United States. NAIS will consist of an integrated system of AIS 
equipment (e.g., base station radios, antennas), data storage, 
processing, and networking infrastructure. NAIS will also be integrated 
with other systems for the purpose of sharing infrastructure and 
improving NAIS' overall performance.
    NAIS will process (e.g., validate and filter) and store AIS data 
and make these data available for use by other existing operational 
systems (e.g., COP, Sector Command Center (SCC), Marine Information for 
Safety and Law Enforcement (MISLE), and VTS). It is expected that these 
other systems will provide data processing functions (e.g., vessel 
tracking correlation, information processing, traffic analysis, and 
anomaly detection) and user interfaces necessary to take full advantage 
of AIS data exchange functionality. NAIS information will be displayed 
in the Coast Guard's national maritime COP and shared--along with 
correlated data and intelligence, as appropriate--with other entities. 
Access to these NAIS data by other authorized governmental entities is 
intended to enhance maritime safety and security and promote 
interagency cooperation. Portions of the COP will also be available to 
local port partners in support of local security and safety operations. 
Some users of NAIS capabilities (e.g., U.S. Coast Guard units, other 
governmental entities, and strategic port partners) may indirectly 
access AIS data via other systems. Having such near real-time 
information of vessels' identity, location, and cargo will be 
invaluable.
    NAIS will be deployed regionally and incrementally. As of the end 
of September 2008, AIS-receive coverage has been established in 58 
major ports and 16 critical coastal areas across the nation under 
Increment One of the NAIS project. All Coast Guard Sectors have at 
least one AIS receiver site within their Area of Responsibility (AOR) 
and also have the capability to view AIS vessel tracks outside their 
AOR (e.g., for an adjacent CG Sector or nationwide) via the maritime 
COP. Increment Two will expand our detection and surveillance 
nationwide and add AIS transmit capability out to 24 nautical miles. 
Finally, Increment Three will provide AIS detection and surveillance 
capability out to 2,000 nautical miles. NAIS full operational 
capability (i.e., AIS long range detection, system integration, data 
processing and sharing, etc.) is anticipated to be achieved by 2014.

III. Regulatory History

    Since the tragic events of September 11, 2001, the Coast Guard has 
modified the NOA requirements for vessels numerous times and 
implemented SOLAS AIS regulations and carriage requirements for AIS in 
VTS waters. The summary below describes this evolution of NOA and AIS 
regulations since 2001 and provides background intended to assist the 
reader as we later describe existing regulations we are seeking to 
revise through this proposed

[[Page 76299]]

rule. The summary compiles Federal Register citations in tables and 
presents them in chronological order to assist those who seek to review 
these past rulemaking documents or notices.

A. Notice of Arrival

    On October 4, 2001, we published a temporary final rule entitled 
``Temporary Requirements for Notification of Arrival in U.S. Ports'' in 
the Federal Register. See 66 FR 50565. As noted previously, that 
temporary rule increased the submission time for a NOA from 24 to 96 
hours prior to arriving at a U.S. port or place; required centralized 
submissions; temporarily suspended exemptions from reporting 
requirements for some groups of vessels; and required submission of 
passenger, crew, and cargo information. We extended the effective 
period of that temporary rule to allow us to complete a rulemaking for 
permanent changes. See 67 FR 37682 (May 30, 2002) and 67 FR 55115 (Aug. 
28, 2002).
    Following a notice of proposed rulemaking published June 19, 2002, 
we published a final rule on February 28, 2003, that replaced temporary 
regulations and revised NOA requirements in 33 CFR part 160 by 
consolidating the notice of departure (NOD) into the NOA, requiring 
electronic submission of cargo manifest information to the then United 
States Customs Service (USCS), and requiring additional crew and 
passenger information. See 67 FR 41659 and 68 FR 9537.
    On May 22, 2003, after consultation with U.S. Customs and Border 
Protection (CBP), we suspended the NOA requirement for electronic 
submission of cargo manifest information (Customs Form 1302) pending 
further CBP regulatory action under then-recent legislation, including 
the Trade Act of 2002. See 68 FR 27907.
    On August 18, 2004, we published a temporary final rule with 
request for comment that changed the definition of CDC to include 
ammonium nitrate and certain ammonium nitrate based fertilizers, in 
bulk, as well as propylene oxide, alone or mixed with ethylene oxide, 
in bulk. That temporary final rule also allowed vessels to submit 
notices of arrival electronically; in this rulemaking, we propose to 
make electronic methods of submission mandatory. See 69 FR 51176. On 
December 16, 2005, we published an interim rule with a request for 
comments that adopted the temporary final rule's definition of 
``certain dangerous cargo'' to include (1) ammonium nitrate, in bulk; 
(2) ammonium nitrate based fertilizers, in bulk; and (3) propylene 
oxide, alone or mixed with ethylene oxide, in bulk, as well as adding 
an option for vessels to submit notices of arrival electronically. See 
70 FR 74663. That interim rule is part of a separate rulemaking focused 
on CDC.
    Table 1 lists NOA rulemaking documents discussed above and 
associated corrections.

                                            Table 1--NOA Rulemakings
----------------------------------------------------------------------------------------------------------------
               Date                          Action                 FR cite         Title of rule  [Docket No.]
----------------------------------------------------------------------------------------------------------------
10/04/2001.......................  Temporary final rule.....  66 FR 50565........  Temporary Requirements for
                                                                                    Notification of Arrival in
                                                                                    U.S. Ports [USCG-2001-
                                                                                    10689].
11/19/2001.......................  Temporary final rule;      66 FR 57877........  Do.
                                    request for comments;
                                    correction.
01/18/2002.......................  Temporary final rule;      67 FR 2571.........  Do.
                                    request for comments;
                                    correction.
05/30/2002.......................  Temporary rule; change of  67 FR 37682........  Do.
                                    effective date.
06/19/2002.......................  Notice of proposed         67 FR 41659........  Notification of Arrival in
                                    rulemaking.                                     U.S. Ports [USCG-2001-
                                                                                    11865].
08/28/2002.......................  Temporary rule; change of  67 FR 55115........  Temporary Requirements for
                                    effective date.                                 Notification of Arrival in
                                                                                    U.S. Ports [USCG-2001-
                                                                                    10689].
02/28/2003.......................  Final rule...............  68 FR 9537.........  Notification of Arrival in
                                                                                    U.S. Ports [USCG-2002-
                                                                                    11865].
05/22/2003.......................  Final rule; partial        68 FR 27907........  Do.
                                    suspension of regulation.
08/18/2004.......................  Temporary final rule;      69 FR 51176........  Notification of Arrival in
                                    request for comments.                           U.S. Ports; Certain
                                                                                    Dangerous Cargoes;
                                                                                    Electronic Submission [USCG-
                                                                                    2003-16688].
12/16/2005.......................  Interim rule; request for  70 FR 74663........  Notification of Arrival in
                                    comments.                                       U.S. Ports; Certain
                                                                                    Dangerous Cargoes;
                                                                                    Electronic Submission [USCG-
                                                                                    2005-19963].
----------------------------------------------------------------------------------------------------------------

B. Automatic Identification System

    On July 1, 2003, we published a temporary interim rule with a 
request for comments and notice of public meeting titled ``Automatic 
Identification System; Vessel Carriage Requirement'' in the Federal 
Register. See 68 FR 39353. That temporary interim rule was one of six 
Coast Guard maritime security rules published July 1, 2003, in response 
to the MTSA. The interim rule implemented AIS requirements under MTSA 
and SOLAS, and required AIS on all vessels subject to SOLAS AIS 
provisions, Vessel Traffic Service Users and certain other commercial 
vessels identified in the MTSA.
    On October 22, 2003, we published a final rule which adopted, with 
changes, the requirements of the AIS temporary interim rule. The major 
changes were to adopt a uniform U.S. implementation date of December 
31, 2004, and to not require AIS on certain fishing and passenger 
vessels. See 68 FR 60559 and 60562.
    Table 2 lists the two AIS rulemaking documents discussed above and 
a correction document.

  Table 2--Automatic Identification System; Vessel Carriage Requirement
                            [USCG-2003-14757]
------------------------------------------------------------------------
            Date                     Action                FR cite
------------------------------------------------------------------------
07/01/2003..................  Temporary interim     68 FR 39353.
                               rule with request
                               for comments and
                               notice of meeting.

[[Page 76300]]

 
07/16/2003..................  Correcting            68 FR 41913.
                               amendments.
10/22/2003..................  Final rule..........  68 FR 6055.
------------------------------------------------------------------------

C. Expansion of AIS Carriage

    On the same date the AIS temporary interim rule was published, we 
published a notice in the Federal Register posing eight questions and 
requesting comments on how best to address implementation beyond the 
then-published AIS regulations. See 68 FR 39369 (July 1, 2003). We held 
public meetings and extended the comment period to January 5, 2004, to 
allow the public and, specifically, the fishing and small passenger 
vessel industry, the opportunity to submit comments after they had seen 
the final rule published October 22, 2003. See 68 FR 55643 (Sept. 26, 
2003) and 68 FR 61818 (Oct. 30, 2003). In Section IV, below, we discuss 
the many comments we received and note proposed changes from the 2003 
final rule based on these comments.
    Table 3 lists the three documents we published requesting comments 
on AIS expansion discussed above.

     Table 3--Automatic Identification System; Expansion of Carriage
             Requirements for U.S. Waters [USCG-2003-14878]
------------------------------------------------------------------------
            Date                     Action                FR cite
------------------------------------------------------------------------
07/01/2003..................  Notice; request for   68 FR 39369.
                               comments.
09/26/2003..................  Notice; request for   68 FR 55643.
                               comments; extension
                               of comment period;
                               notice of public
                               meetings.
10/30/2003..................  Notice; request for   68 FR 61818.
                               comments; notice of
                               public meetings.
------------------------------------------------------------------------

IV. Discussion of Comments Received on Expansion of AIS Carriage

    We thank the more than 180 persons or organizations who responded 
to our request for comments and participated in our public meetings on 
the expansion of AIS requirements [see docket USCG-2003-14878]. Their 
answers to our original eight questions (68 FR 39369) and subsequent 
two questions (68 FR 61818) posed in 2003 assisted us in crafting or 
amending various provisions of the AIS portion of this rule as stated 
in the ``AIS Revisions'' section below. We also received numerous 
comments beyond the scope of our ten questions that were similar or 
reiterated concerns expressed during the previous rulemaking [see USCG-
2003-14757]. Our opinion and resolution of these comments remains as 
stated in our final rule (68 FR 60559), with the following exceptions:

A. Need for AIS and Scope of Availability

    Numerous commenters, for various reasons, do not believe that AIS 
requirements are needed or that they should apply to their type of 
vessel. In general, we disagree. Congress has given us an AIS mandate 
to implement. The Coast Guard has been involved in the development of 
AIS since the 1990s and has done so in response to industry demands 
[see USCG 2003-14757-8] for ``silent VTSs'' and the need to provide 
mariners with pertinent, near real-time navigation information in a 
seamless manner which AIS does while reducing the need for voice 
communication. We recognize AIS is not a panacea. It will not in itself 
prevent a collision or terrorist attack; if AIS is coupled with other 
information sources, however, it does provide the mariner and the 
government with situational awareness to help thwart these events. It 
is not intended to replace the radiotelephone, radio, sound signals, 
security measures, or other similar items; rather, it is there to 
complement them.
    The starting point or initial affected population of AIS has been 
determined for the most part by the MTSA. Congress has stated that all 
self-propelled commercial vessels of 65 feet or greater or 26 feet or 
greater and over 600 horsepower when engaged in towing and certain 
passenger vessels (which we have determined to be those carrying 50 or 
more passengers) should have AIS; a portion of the same population is 
also required to have radiotelephones under the Vessel Bridge-to-Bridge 
Radiotelephone Act of 1971 (Radiotelephone Act), Public Law 92-63, 85 
Stat. 164. See 33 U.S.C. 1201 et seq. A principal purpose of both the 
MTSA and the Radiotelephone Act is to improve navigation safety. AIS 
and the radiotelephone, working together, provide the necessary tools 
to potentially prevent and mitigate collisions and other mishaps.
    The Radiotelephone Act requires every power-driven vessel of 20 
meters (65 feet) or more in length; towing vessels of 26 feet or more 
in length; vessels of 100 gross tons and upward carrying one or more 
passengers for hire; and dredge and floating plants, in or near a 
channel or fairway, engaged in operations likely to restrict or affect 
navigation to be equipped and monitor the Bridge-to-Bridge 
Radiotelephone (33 U.S.C. 1203, 1204).
    We also propose in this NPRM to require AIS on dredges or floating 
plants near commercial channels because these vessels--given the nature 
of their operation--pose a unique challenge to navigation. As for 
passenger vessels, the AIS provision of the MTSA grants the Coast Guard 
discretion as to number of passengers for hire a vessel less than 65 
feet may carry. In our 2003 Temporary Interim Rule, we established that 
threshold at carrying 50 or more passengers for hire. Subsequently, in 
our Final Rule, we excepted these vessels (and fishing vessels) and 
established a 150-passengers-for-hire threshold.
    After we published the Final Rule, we posed two additional 
questions via a Request for Comments (68 FR 61818), specific to these 
segments of industry--fishing and small passenger operators--and the 
burden that these regulations placed on these predominantly small 
entities. We reviewed all of these comments and made Congress aware of 
the various concerns expressed by industry [see USCG-2003-14757-129]; 
nonetheless, this segment of industry is not uniquely impacted by the 
regulations and can greatly benefit from AIS. We therefore propose in 
this NPRM, AIS carriage requirements on

[[Page 76301]]

fishing vessels of 65 feet or more and on vessels carrying 50 or more 
passengers. We propose to omit the distinction of ``for hire'' because 
we believe all passengers, whether paying or not, are subject to a 
similar safety risk and thus deserve the navigation safety and maritime 
security benefit afforded to them by AIS.
    Finally, we propose that any vessel moving CDC also be required to 
carry AIS because of the unique risk the movement of CDC poses to the 
marine transportation system.

B. Reason AIS Requirement Was Not Expanded to All Vessels

    Many commenters expressed the desire that all vessels have AIS. 
Ultimately, we believe all vessels should avail themselves of AIS; 
however, we propose to apply this rule only to those vessels for which 
we have current authority to mandate carriage of AIS. We propose to add 
two classes of vessels, not specifically addressed in the 
Radiotelephone Act: high-speed passenger vessels and vessels involved 
in the movement of certain dangerous cargo. High-speed passenger 
vessels and vessels that transport dangerous cargo pose unique 
challenges that AIS is well-suited to address.
    With the advent of AIS Class B devices and the continual drop in 
prices for Class A devices, these systems will become more affordable. 
Consequently, more vessels will use AIS and the collective benefit AIS 
provides will increase. Someday, we hope all vessels will avail 
themselves of AIS, as many have done so with charts, radiotelephones, 
radars, and other navigation equipment.

C. Use of AIS Class B Devices

    Some commenters recommended that the Coast Guard permit the use of 
AIS Class B devices. We agree. Since publication of the 2003 final rule 
(68 FR 60559) and through the diligent work of various standards 
bodies, we now have AIS Class B devices that are interoperable with AIS 
Class A devices. Class B devices differ slightly in features and nature 
of design, which reduce their cost (on average half the cost of Class A 
devices); however, their performance is somewhat limited. They report 
at a fixed rate (30 seconds) vice the Class A's variable rate (2-10 
seconds dependent on speed and course change). They consume less power, 
but also report at lower power (2 watts versus 12 watts of AIS Class 
A), thus impacting their broadcast range. Despite these design 
limitations, and after extensive testing by the Coast Guard Research 
and Development Center (see International Telecommunication Union study 
group report ``Performance Assessment and Interoperability of Proposed 
Class B AIS With Existing Class A AIS System Using Simulation 
Software'' dated September 9, 2005), we deem AIS Class B devices can 
operate properly and safely amongst Class A devices and offer similar 
AIS benefits. They broadcast and receive virtually the same vessel 
identification and other information. They have the same ability to see 
targets that radar may not always show (around the bend, in sea 
clutter, or during foul weather). For these reasons, we have concluded 
that AIS Class B devices do enhance navigation safety and assist in 
collision avoidance comparable to AIS Class A devices; however, given 
their design limitations, we caution users that they may not be the 
best alternative for vessels that are highly maneuverable, travel at 
high speed, or routinely transit congested waters.
    The Coast Guard seeks comment in this NPRM on whether AIS Class B 
devices should be permitted only on certain vessels or waterways, or 
whether this decision should be best left to the master or owner's 
discretion.
    We welcome the advent of lower cost AIS Class B devices and the 
continual drop in price of AIS Class A devices--currently averaging 
approximately $3,000 vice $7,000 in 2003. Fishing vessels and small 
passenger vessels, previously included in the original AIS carriage 
requirements of our temporary interim rule (68 FR 39353), will be less 
impacted by the current cost of AIS Class A devices and the potential 
to use even lower cost AIS Class B devices.

D. Deviation From AIS Requirements

    There were a number of comments stating that AIS should not be 
required on vessels operating on certain waterways. We recognize that 
the MTSA provides us authority to waive AIS requirements on waterways 
where we determine AIS is not needed for safe navigation; however, we 
have decided not to create a patchwork of waterways where AIS is or is 
not required. Rather than waive requirements on specific waterways we 
propose here to grant a deviation based on where or how vessels 
operate. To that end, we propose to define what conditions under which 
a deviation may be sought. Vessels that operate--
    (1) Solely within a very confined area (e.g., less than a one 
nautical mile radius, shipyard, fleeting area);
    (2) On short and fixed scheduled routes (e.g., a bank-to-bank river 
ferry service); or
    (3) In a manner that makes it unlikely they will encounter other 
AIS users may request a yearly deviation from AIS requirements as set 
forth in Sec.  164.55.

E. Relation of Coast Guard AIS Receiving Infrastructure to Requirement 
for AIS in All Waters

    Some commenters stated that we should not require the carriage of 
AIS in areas where the Coast Guard does not have infrastructure in 
place to receive these data. First, we note that the use of AIS may 
prevent collisions wherever it is used, regardless of the existence of 
shore-side AIS infrastructure. Second, we are working to establish 
nationwide capability to fully utilize AIS data wherever we require it 
to be transmitted.
    As discussed in the Nationwide AIS section above, a NAIS project is 
being conducted to provide the Coast Guard with the capability to 
receive and distribute information from shipboard AIS equipment in 
order to enhance MDA. That project will provide detection and 
surveillance of vessels carrying AIS equipment approaching or operating 
in the maritime domain where little or no shore-side vessel tracking 
currently exists. Although the NAIS project is not projected to be 
fully operational until 2014, we have achieved initial operational 
capability for the receive-only increment of the project, and we 
anticipate achieving initial operational capability in three Coast 
Guard sectors for the transmit-and-receive increment by 2010. Our 
existing AIS network of over 90 sites and initial NAIS (Increment One) 
capability, in conjunction with other resources to benefit our overall 
MDA, would be available before the implementation date of the AIS 
requirements proposed here. To complement our existing AIS and future 
NAIS infrastructure, all Coast Guard cutters, many boats and some 
aircraft are AIS capable.
    For more details on that project, please see the NAIS programmatic 
environmental impact statement notice published November 23, 2005 (70 
FR 70862); the NAIS programmatic environmental impact statement record 
of decision published November 6, 2006 (71 FR 64977); or the NAIS Web 
site at https://www.uscg.mil/hq/g-a/Ais/.

V. Discussion of Proposed Rule

    In this section we discuss how we propose to revise our NOAD and 
AIS regulations.

A. NOAD Revisions

    We propose numerous changes to our NOAD regulations. We propose to 
expand the applicability of the NOAD regulations by changing the 
minimum

[[Page 76302]]

size of vessels covered below the current 300 gross tons, require that 
a notice of departure be submitted for all vessels required to submit a 
notice of arrival, and mandate electronic submission of NOAD notices to 
the National Vessel Movement Center. These changes are described in 
further detail under the following 11 headings in this section.
1. Applicability
    We propose to amend the applicability of our regulations in 33 CFR 
part 160, subpart C, to clarify that unless a vessel is exempted, NOAD 
regulations apply to U.S. vessels in commercial service and all foreign 
vessels departing to or coming from a port or place in the United 
States. See proposed Sec.  160.203. We have revised some exemptions in 
proposed Sec.  160.204. For example, foreign vessels 300 gross tons or 
less not engaged in commercial service and not carrying certain 
dangerous cargo is one group of vessels that will continue to be 
generally exempted from submitting a NOA and will no longer have a 
separate NOA requirement for Coast Guard District Seven.
2. Definitions
    We propose to add definitions for commercial service, continental 
United States (which includes Alaska), disembark, embark, foreign 
vessel, offshore supply vessel, oil spill response vessel, passenger 
vessel, recreational vessel, and towing vessel to the definitions 
section in 33 CFR part 160, subpart C, proposed Sec.  160.202. These 
additions would clarify the meaning of these 10 terms used in our NOAD 
regulations. Most of the new definitions come directly from 46 U.S.C. 
2101.
3. Exemptions
    We also propose to change the exemptions from reporting 
requirements currently found in Sec.  160.203. We would revise the 
exemption for vessels 300 gross tons or less not carrying CDCs so that 
all commercial vessels coming from a foreign port or place would be 
required to submit a NOA, regardless of tonnage.
    We propose to remove the exemption for foreign commercial vessels 
300 gross tons or less whether or not they are coming from a foreign 
port. Removing this exemption entirely for foreign commercial vessels 
would allow the Coast Guard to align its vessel reporting requirements 
with CBP electronic arrival manifest requirements in 19 CFR 4.7b. We 
propose to maintain the exemption for U.S. commercial vessels 300 gross 
tons or less, not carrying CDCs, and transiting between ports or places 
of the United States because most are already screened through specific 
Federal and State registration and/or licensing programs as are the 
mariners that operate and crew these vessels.
    We currently require all foreign commercial and recreational 
vessels 300 gross tons or less arriving at a port or place in the 
Seventh Coast Guard District to submit NOAs directly to the cognizant 
Captains of the Port (COTPs). We are proposing to remove that unique 
NOA requirement for foreign recreational vessels arriving in the 
Seventh Coast Guard District. This will ensure consistency between 
Coast Guard districts and allow more efficient use of Coast Guard 
District Seven personnel and resources.
    Vessels over 300 gross tons are currently subject to NOA 
regulations. We continue to require their compliance so that we can 
maintain visibility of these vessels because they carry a greater 
number of passengers and crew and a larger volume of cargo.
    We also propose to revise an exemption for vessels operating upon 
the Mississippi River above mile 235 and its tributaries. That 
exemption would be limited to vessels required to report to the Inland 
River Vessel Movement Center (IRVMC) under 33 CFR part 165.
    We propose to clarify the exemption for a vessel operating 
exclusively within a COTP Zone when not carrying certain dangerous 
cargo. Under both the current 33 CFR 160.203(b)(2) and proposed 33 CFR 
160.204(a)(4)(ii), once a vessel has arrived at a port or place within 
a single COTP zone and has submitted the required NOA, if it then 
transits to another port or place within the same COTP Zone it is 
considered to be operating exclusively within that Zone and, therefore, 
is not required to submit a NOAD if it is not carrying CDC. If that 
vessel, however, is carrying CDC or leaves one COTP Zone and enters 
another, it is not covered by the exemption under current Sec.  
160.203(b)(2) or proposed Sec.  160.204(a)(4)(ii) and, therefore, must 
submit the required notices.
4. Submitter
    We have inserted proposed Sec.  160.205 to clarify who must submit 
notices of arrival and notices of departure. This section would direct 
the owner, agent, master, operator, or person in charge of a vessel to 
submit NOADs in compliance with the subpart's time, method, and notice 
content requirements.
5. NOA Information
    We propose to remove the optional submission of INS (now CBP) Form 
I-418 to satisfy crew and passenger information reporting requirements 
currently found in Sec.  160.206(c) and to remove the option of 
submitting consolidated NOAs found in Sec.  160.206(d). The Coast Guard 
found that many vessels submitting consolidated NOAs, or NOAs with 
consecutive port submissions, were not reporting changes in their crew, 
cargo, or persons in addition to crew. The eNOAD system we have 
developed to support the submission of non-consolidated NOADs meets the 
requirements of both the Coast Guard and CBP.
    We would revise Sec.  160.206, which contains the information 
requirements for NOA reports. The Coast Guard proposes adding a 
requirement for the Maritime Mobile Service Identity (MMSI) number for 
vessels in NOA reports because that number is associated with AIS. For 
vessels with an MMSI, this would allow the Coast Guard to quickly link 
a vessel's NOA with its AIS broadcast in order to detect security 
anomalies.
    We also propose to require passport country of issuance and 
passport date of expiration information from everyone onboard who 
presents a passport--crewmembers and persons in addition to crew. This 
additional passport information will aid in the detection of fraudulent 
passports that may be used by individuals, both foreign and domestic, 
attempting to enter or depart the United States.
    We propose to add a requirement to indicate whether the vessel is 
300 gross tons or less and whether the vessel's voyage will be less 
than 24 hours in NOA reports. This information will allow the Coast 
Guard to prioritize screening of vessels on brief voyages with a 
shorter reporting requirement so they are screened before entering 
their port or place of destination.
    We also propose to add a data field for vessels to submit their 
estimated time of arrival to the entrance to the port (if applicable). 
This would be used by COTPs to facilitate vessel traffic management and 
to coordinate boardings and inspections. Additionally, we propose to 
clarify through item (2)(i) in the table for proposed 33 CFR 160.206 
that vessels that have visited ports or places outside the continental 
United States need to submit the last five foreign ports or places 
visited on their NOA. In a separate item from the table, (2)(ix), all

[[Page 76303]]

vessels must report their last port of call, whether domestic or 
foreign.
    These two data fields, with accompanying items requesting arrival 
and departure dates from ports or places listed, will better enable us 
to determine which vessels are coming from foreign ports, and whether 
they may have been subject to inspection at another U.S. port since 
entering U.S. navigable waters. A vessel that has not visited a foreign 
port would make the appropriate entry, as specified by eNOAD, for the 
(2)(i) and (2)(ii) fields to report they have not visited a foreign 
port or place.
    Finally, in regard to Sec.  160.206, we propose to revise the 
reporting requirements on the operational condition of equipment. For 
that item, we have replaced the reference to 33 CFR 164.35 with 33 CFR 
part 164, so that we would include all relevant navigation equipment, 
including AIS.
6. NOD Information
    We propose that all vessels required to submit a NOA will also be 
required to submit a NOD when departing from a port or place of the 
United States. The departure information required by proposed Sec.  
160.207--regarding the vessel, voyage, cargo, crewmembers, and persons 
in addition to the crew--would increase our awareness of vessel 
movements and, by supplementing NOA data, would allow us to maintain a 
complete picture of movements in and out of U.S. ports or places.
    Commercial vessels departing U.S. ports or places bound for foreign 
ports or places are currently required by CBP to submit an electronic 
passenger departure manifest and an electronic crewmember departure 
manifest. See 19 CFR 4.64. As noted in their final rule entitled 
``Electronic Transmission of Passenger and Crew Manifests for Vessels 
and Aircrafts,'' published in the Federal Register April 7, 2005 (70 FR 
17820, 17833), however, CBP has adopted the use of the Coast Guard's 
eNOAD to eliminate duplicate reporting requirements and provide a 
``single window'' for filing manifest information. While, as indicated 
in the paragraph above, we would not limit our NOD requirements to 
vessels going to foreign ports, our proposed rule will not change what 
CBP stated in their final rule: eNOAD will capture the notice 
information we require and the electronic manifest information CBP 
requires. See 70 FR 17831 (Apr. 7, 2005).
    We have worked with CBP to avoid requiring a vessel to submit the 
same information to our agencies separately, but our agencies do have 
separate missions. The information we need to better enable us to 
fulfill our mission under 33 U.S.C. 1225--to prevent damage to 
structures on, in, or adjacent to the navigable waters of the United 
States, as well as protecting those navigable waters--may differ 
somewhat from information CBP requires to implement the laws defining 
its missions. To the extent, however, that we both require the same 
information of vessels, we do not require separate submissions of that 
information to satisfy our respective regulations in 19 CFR and 33 CFR.
7. Electronic Submission
    In proposed Sec.  160.210, we would require NOAs and NODs be 
submitted via electronic formats found at the National Vessel Movement 
Center's (NVMC) Web site: https://www.nvmc.uscg.gov. Mandating 
electronic submission of NOADs allows the Coast Guard and CBP to 
quickly and automatically process, validate, and screen arrival and 
departure notices. The CBP's Advance Passenger Information System 
(APIS) regulations, 19 CFR 4.7b and 4.64, mandated that arrival and 
departure information be submitted by the electronic system. Coast 
Guard and CBP consolidated the reporting requirements and provided the 
public with a ``single-window'' for transmitting NOA and NOD 
information. Information received through the eNOAD system is 
automatically forwarded to both the Coast Guard and CBP.
    Currently, 87 percent of NOA submissions are made via the eNOAD 
method. The eNOAD offers a quick and easy way to submit NOAs and NODs.
8. When To Submit NOA
    We recognize that the current times for submitting NOAs in Sec.  
160.212 might encumber some small commercial vessels transiting between 
U.S. and foreign ports; therefore, we propose to make the reporting 
time closer to the departure time for smaller vessels that make 
frequent, short voyages between U.S. and foreign ports or places.
    For U.S. commercial vessels 300 gross tons or less, arriving from a 
foreign port, and on a voyage of less than 24 hours, we propose in this 
NPRM a submission time of 60 minutes prior to departure from the 
foreign port or place. This population of vessels often engages in 
multiple, unscheduled, short-term voyages within a given 24-hour 
period. Because of the emergent and spontaneous nature of their 
business, this portion of the vessel industry would be 
disproportionately affected if required to submit NOADs 24 hours before 
arrival. Additionally, the Coast Guard or State authorities already 
document commercial vessels of the United States of 300 gross tons or 
less.
    In contrast, we have much less information on some foreign 
commercial vessels of 300 gross tons or less; nor do we have advance 
access to foreign merchant mariner documentation or licenses of 
commercial vessel crews. As a result, our personnel require more time 
to review and verify the information submitted by foreign commercial 
vessels 300 gross tons or less; therefore, we are not proposing to 
reduce the reporting time for this population of foreign vessels.
    This proposed rule would also mandate that foreign commercial 
vessels of 300 gross tons or less that had been required by Sec.  
160.210(c) to contact COTPs in the Seventh Coast Guard District would 
instead submit their NOAs and NODs to the NVMC.
    In proposed 33 CFR 160.212(a)(4) and (b)(4), we have sought to 
clarify that the times for submitting a NOA or update are based on a 
vessel's arrival at a port or place.
9. When To Submit NOD
    We are proposing a new requirement to mandate times for submitting 
NODs. This requirement is similar to the time frame for departure 
notices mandated by CBP in its APIS requirements, 19 CFR 4.7b.
10. Force Majeure
    In proposed 160.215, we specify information to be conveyed by 
vessels bound for a port or place in the United States under force 
majeure. The Coast Guard recognizes the special circumstances of such 
vessels and limits the requirements of 33 CFR part 160, subpart C, to 
reporting information to the nearest Captain of the Port regarding the 
vessel operator's intentions, any hazardous conditions, and whether the 
vessel is carrying or controlling a vessel carrying CDC. COTP zones are 
defined in 33 CFR part 3.
11. Customs Form 1302 Removed
    Finally, we propose to remove some NOA regulatory text that has 
been suspended. Requirements for submittal of Customs Form 1302, a 
cargo declaration, were included in Coast Guard NOA regulations 
published February 28, 2003. See 68 FR 9537. The paragraphs in 33 CFR 
part 160 referencing this cargo declaration were suspended 3 months 
later pending further CBP regulatory action under then recently enacted 
legislation. See 68 FR 27907 (May 22, 2003). At the time, we noted that 
we would remove these

[[Page 76304]]

cargo-manifest submission requirements from Coast Guard regulations 
when they were no longer needed.
    On December 5, 2003, CBP published its ``Required Advance 
Electronic Presentation of Cargo Information'' final rule (68 FR 
68140), which fully addressed the requirement for su