Electronic Chart and Navigational Equipment Carriage Requirements, 17241-17246 [2022-06416]
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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules
401(a)(9) must be paid directly to the
individual.
(6) Effective opportunity to make
election. Any election that is provided
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(e)(3) or (4) of this section must include
an effective opportunity for the
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Whether an individual has an effective
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(f) Other rules—(1) Form of notices
and elections. Any notice provided or
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or (e) of this section must be in written
or electronic form. For notices and
elections provided to or made by
participants and beneficiaries, see
generally § 1.401(a)–21 for rules
permitting the use of electronic media to
provide applicable notices and make
participant elections with respect to
retirement plans.
(2) Status of spun-off plan. In the case
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(3) Responsible parties. A
participating employer demonstrates a
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initiate a spinoff pursuant to paragraph
(c)(3) of this section by the final
deadline described in paragraph (c)(1) of
this section. The IRS reserves the right
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owner of the participating employer)
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satisfy the requirements of section
401(a) or 408, as applicable, even in the
party’s capacity as a participant or
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section 413(e) plan distribution made
with respect to the owner of a
participating employer as an eligible
rollover distribution).
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(g) Applicability date. This section
applies beginning on [PUBLICATION
DATE OF FINAL RULE].
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2022–06005 Filed 3–25–22; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
17241
Comments’’ portion of the
section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email John Stone, Office of Navigation
Systems (CG–NAV–2), Coast Guard;
telephone 202–372–1093, email
John.M.Stone2@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION
Table of Contents for Preamble
Coast Guard, Homeland
Security (DHS).
ACTION: Advance notice of proposed
rulemaking.
I. Public Participation and Request for
Comments
II. Abbreviations
III. Basis and Purpose
A. Purpose of the Advance Notice of
Proposed Rulemaking (ANPRM)
B. Statutory Authority
IV. Background
A. ‘‘Sunsetting’’ of Raster Navigational
Charts
B. Transition to Electronic Navigational
Charts, and Electronic Chart Display and
Information Systems
C. Existing Chart Carriage and Associated
Navigational Equipment Carriage
Regulations
D. Current Electronic Chart Systems
Carriage and Equivalency Guidance
V. ANPRM Discussion
VI. Information Requested
The Coast Guard seeks public
input regarding the modification of the
chart and navigational equipment
carriage requirements in the Code of
Federal Regulations (CFR). This advance
notice of proposed rulemaking
(ANPRM) outlines the Coast Guard’s
broad strategy to revise its CFR chart
and navigational equipment carriage
requirements to implement statutory
electronic-chart-use provisions for
commercial U.S.-flagged vessels and
certain foreign-flagged vessels operating
in the waters of the United States. This
ANPRM is necessary to obtain
additional information from the public
before issuing a notice of proposed
rulemaking. It will allow us to verify the
extent of the requirements for the rule,
such as how widely electronic charts
currently are used, which types of
vessels are using them, the appropriate
equipment requirements for different
vessel classes, and where the vessels
operate, and will thereby allow us to
tailor electronic chart requirements to
vessel class and location.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 27, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0291 using the Federal
eRulemaking Portal at
www.regulations.gov. See the ‘‘Public
Participation and Request for
I. Public Participation and Request for
Comments
The Coast Guard views public
participation as essential to effective
rulemaking, and will consider all
comments and material received during
the comment period. Your comment can
help shape the outcome of this
rulemaking. If you submit a comment,
please include the docket number for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
www.regulations.gov. To do so, go to
www.regulations.gov, type USCG–2021–
0291 in the search box and click
‘‘Search.’’ Next, look for this document
in the Search Results column, and click
on it. Then click on the Comment
option. If you cannot submit your
material by using www.regulations.gov,
call or email the person in the FOR
FURTHER INFORMATION CONTACT section of
this advance notice of proposed
rulemaking document (ANPRM) for
alternate instructions.
Viewing material in docket. To view
documents mentioned in this ANPRM
as being available in the docket, find the
docket as described in the previous
paragraph, and then select ‘‘Supporting
& Related Material’’ in the Document
Coast Guard
33 CFR Part 164
46 CFR Parts 25, 26, 28, 32, 35, 77, 78,
96, 97, 108, 109, 121, 130, 140, 167, 169,
184, 195, and 196
[Docket No. USCG–2021–0291]
RIN 1625–AC74
Electronic Chart and Navigational
Equipment Carriage Requirements
AGENCY:
SUMMARY:
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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules
Type column. Public comments will
also be placed in our online docket and
can be viewed by following instructions
on www.regulations.gov Frequently
Asked Questions web page. We review
all comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions in response to this
document, see Department of Homeland
Security’s eRulemaking System of
Records notice (85 FR 14226, March 11,
2020).
Public meeting. We do not plan to
hold a public meeting, but we will
consider doing so if we determine from
public comments that a meeting would
be helpful. We would issue a separate
Federal Register document to announce
the date, time, and location of such a
meeting.
II. Abbreviations
AIS Automatic identification systems
ANPRM Advance notice of proposed
rulemaking
DHS Department of Homeland Security
ECDIS Electronic chart display and
information system
ECS Electronic chart system
ENC Electronic navigational chart
EPFD Electronic position fixing device
FR Federal Register
GT Gross tons
IEC International Electrotechnical
Commission
IEHG Inland Electronic Navigational Chart
Harmonization Group
IENC Inland Electronic Navigational Charts
IHO International Hydrographic
Organization
IMO International Maritime Organization
NOAA National Oceanic and Atmospheric
Administration
NVIC Navigation and Vessel Inspection
Circular
RNC Raster navigational chart
RTCM Radio Technical Commission for
Maritime Services
§ Section
SOLAS International Convention for the
Safety of Life at Sea
U.S.C. United States Code
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III. Basis and Purpose
A. Purpose of the Advance Notice of
Proposed Rulemaking (ANPRM)
This advance notice of proposed
rulemaking (ANPRM) seeks comments
regarding possible modifications to the
chart and navigational equipment
carriage requirements in titles 33 and 46
of the Code of Federal Regulations
(CFR). This ANPRM outlines the Coast
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Guard’s broad strategy to revise its CFR
chart and navigational-equipment
carriage requirements, to implement
statutory electronic-chart-use provisions
for commercial U.S.-flagged vessels, to
include self-propelled vessels of at least
65 feet in overall length, passenger
vessels for hire, towing vessels of more
than 26 feet in overall length and 600
horsepower, and certain foreign-flagged
vessels operating in the waters of the
United States.
In this ANPRM, we are seeking
information on how widely electronic
charts are used, which types of vessels
are using them, and where the vessels
operate, as well as views on the
appropriate equipment requirements for
different vessel classes. The information
obtained from this ANPRM will assist in
drafting a proposed rule that tailors
electronic charts requirements to vessel
class and location.
B. Statutory Authority
Title 46 of the United States Code
(U.S.C.) Section 3105(a)(1) deems
certain vessels ‘‘equipped with and
operating electronic navigational charts
that are produced by a government
hydrographic 1 office or conform to a
standard acceptable to the Secretary’’ as
compliant with charting requirements
under title 33 or 46 of the CFR.2
Additionally, 46 U.S.C. 3105(a)(2)(C)
permits the granting of waivers to
vessels that use ‘‘software-based,
platform independent electronic chart
systems the Secretary determines are
capable of displaying electronic
navigational charts with necessary scale
and detail to ensure safe navigation for
the intended voyage.’’
These acceptable standards and
capabilities need to be clarified because
paper and raster charts 3 are being
1 The International Hydrographic Organization
(IHO) defines hydrography as, ‘‘the branch of
applied sciences which deals with the measurement
and description of the physical features of oceans,
seas, coastal areas, lakes and rivers, as well as the
prediction of their change over time, for the primary
purpose of safety of navigation and in support of
all other marine activities, including economic
development, security and defense, scientific
research, and environmental protection.’’ This
definition was accessed on October 10, 2021 from:
https://iho.int/en/importance-of-hydrography.
Recognized hydrographic offices in the United
States include the National Oceanic and
Atmospheric Administration (NOAA), the U.S.
Army Corps of Engineers (USACE), and the
National Geospatial-Intelligence Agency (NGA).
2 Public Law 108–293 (2004), codified at 33
U.S.C. 1223a, revised and re-codified at 46 U.S.C.
3105 (Pub. L. 115–282, Section 402(a)(1) (2018)). 46
U.S.C. 3105 was recently amended by section 8301
of the ‘‘William M. (MAC) Thornberry National
Defense Authorization Act for Fiscal Year 2021’’
(Pub. L. 116–283).
3 A raster chart is an electronic reproduction (a
picture) made from a detailed scanning of a paper
chart.
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discontinued 4 and replaced by borndigital 5 electronic navigational charts
(ENCs). This clarification is necessary
because ENCs require additional
equipment, such as a display system, for
the mariner to safely and effectively
navigate.
Under 46 U.S.C. 70001(a)(3), the Coast
Guard generally ‘‘may require vessels to
install and use specified navigation
equipment, communications equipment,
electronic relative motion analyzer
equipment, or any electronic or other
device necessary to comply with a
vessel traffic service or that is necessary
in the interests of vessel safety.’’ Upon
completion of the National Oceanic and
Atmospheric Administration (NOAA)
‘‘Sunset Plan,’’ 6 traditional paper charts
may no longer be available for some
waterways or certified safe for
navigation for some vessels, which we
discuss in more detail in section IV.A of
this ANPRM. Therefore, it may be
necessary to require electronic chart and
related navigational equipment carriage
on certain vessels.
IV. Background
The regulations in titles 33 and 46 of
the CFR require certain vessels to carry
currently corrected nautical charts,
marine charts, and publications when
operating in U.S. waters, as well as
equipment necessary to ensure safe
navigation (see table 1 in this ANPRM
for a list of regulations containing these
requirements). At the time these
regulations were issued in 1951,7 paper
charts were the only available form of
charts. Since that time, paper charts
have evolved into electronic charts.
Section 410 of the Coast Guard and
Maritime Transportation Act of 2004
required certain vessels operating on the
navigable waters of the United States be
equipped with and operate electronic
charts.8 At the time, however,
recognized hydrographic authorities did
not maintain a full portfolio of
electronic charts, and an affordable
means for a mariner to display and
safely use electronic charts was not
available on the market. Consequently,
the Coast Guard did not issue
implementation regulations. Since the
enactment of section 410 in 2004,
4 See NOAA, ‘‘Sunsetting Traditional NOAA
Paper Charts End of Paper and Raster Nautical
Chart Production Introduction of NOAA Custom
Charts’’ (November 14, 2019), available at https://
nauticalcharts.noaa.gov/publications/docs/rastersunset.pdf. This document was accessed on October
5, 2021.
5 Born-digital means to be produced in digital
form, rather than being converted from print to
digital form.
6 Id.
7 16 FR 1511, 1542 (February 14, 1951).
8 See Public Law 108–293 (2004).
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charting systems manufacturers have
developed multiple systems that are
available to mariners for use, and
recognized hydrographic authorities
now provide a full suite of electronic
charts.
A. ‘‘Sunsetting’’ of Raster Navigational
Charts
NOAA is the U.S. hydrographic
authority for nautical charts covering
the U.S. shoreline, Great Lakes, and
waters within the U.S. Exclusive
Economic Zone. NOAA is undertaking a
5-year ‘‘sunsetting’’ program to
gradually end the production of its
raster navigational charts (RNC) and
paper nautical charts.9 Production of all
NOAA’s RNCs and NOAA’s paper
nautical charts is scheduled to cease by
January 2025.10
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B. Transition to Electronic Navigational
Charts, and Electronic Chart Display
and Information Systems
In the 1990s, electronic chart
technology took a leap forward with the
creation of ENCs.11 ENCs consist of a
series of data points and lines that
define the shape and size of features to
be displayed on a computer. These data
points and lines are linked to a database
within the ENC that can provide
additional information about each
charted feature. Layers of ENC
information, such as geographic place
names or bathymetry, can be turned on
and off to reduce clutter when not
needed. Charted objects, such as
regulated area restrictions, can be
selected to have the chart display
system show more information about
the feature. The chart display can be
zoomed in or out to have the depiction
of features expanded or shrunk. When
zoomed in, the size of text and symbols
displayed on the ENC remains the same.
This is an improvement over RNCs;
when RNCs are zoomed in, the display
becomes increasingly blocky or
pixelated.
Because ENCs are machine readable,
they can interface with existing
shipboard navigational systems, such as
electronic position fixing devices
(EPFDs), speed distance measuring
equipment (for example, radar and
speed logs), gyrocompasses and
transmitting heading devices, and
automatic identification systems (AIS).
9 See NOAA’s notice and request for comments,
‘‘Sunsetting of Raster Nautical Charts,’’ 84 FR
62512, November 15, 2019.
10 See NOAA’s Raster Charts Products website,
available at Farewell to Traditional Nautical Charts
(noaa.gov).
11 See NOAA’s ‘‘Transforming the NOAA ENC.
Implementing the National Charting Plan.’’ https://
nauticalcharts.noaa.gov/publications/docs/enctransformation.pdf.
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This allows ENCs to be oriented in the
direction of the vessel’s transit and
provide warnings or alerts for low
water, restricted areas, and course
deviations.
The development and availability of
ENCs was such a significant change in
charting that, in 2002, the International
Maritime Organization (IMO) amended
its definition of a nautical chart in the
International Convention for the Safety
of Life at Sea (SOLAS), as amended.12
SOLAS, Chapter V, Regulation 2 defines
Nautical chart or nautical publication
as ‘‘a special-purpose map or book, or a
specially compiled database from which
such a map or book is derived, that is
issued officially by or on the authority
of a Government, authorized
Hydrographic Office or other relevant
government institution and is designed
to meet the requirements of marine
navigation.’’
The U.S. Army Corps of Engineers
began production of Inland Electronic
Navigational Charts (IENC) in 2001. In
2002, NOAA announced that its ENC
met the SOLAS definition of a nautical
chart and subsequently renamed their
ENC product, ‘‘NOAA ENC®,’’ through
a statement of policy.13 In 2002, the
Coast Guard certified the Electronic
Chart Display and Information System
(ECDIS) as meeting the nautical chart
requirements in 33 CFR 164.33(a)(1),
because it met the same navigational
safety concerns as paper nautical
charts.14 During this time, foreign
government hydrographic offices also
began producing ENCs.
In an effort to standardize electronic
charting data, the International
Hydrographic Organization (IHO)
further defined 15 and created standards
and specifications relevant to an ENC in
1996. The IHO also recognized the
manufacturer’s role in ENC distribution
by acknowledging and defining the
transformation of the entire ENC
contents and updates accessed by the
display system (referred to as a system
electronic navigational chart).16 17 The
IMO amended its definition of the term
ENC to include conformity to IHO
standards in 2006 with Resolution
MSC.232(82), ‘‘Adoption of the Revised
Performance Standards for Electronic
Chart Display and Information Systems
(ECDIS).’’ 18 In 2009, SOLAS Chapter V,
Regulation 19 mandated that certain
commercial vessels on international
voyages use ENCs as well as ECDIS.
Since 2002, charting system
manufacturers have developed other
systems in addition to ECDIS, such as
Electronic Chart Systems (ECS) and
Chart Radars that can display ENC data.
In response to this development, the
Coast Guard recognizes that an ECDIS is
not the only way to display ENC data.
More information is provided by ENC
displays integrated with navigational
equipment, including real-time vessel
position, and additional data layers,
such as bathymetry, which can be used
to trigger automatic safety alarms in
equipped navigational systems. As a
result, use of ENCs in an ECDIS or other
electronic chart system may enhance
situational awareness and navigational
safety beyond the ability of paper
nautical charts.
12 These amendments came into force on January
7, 2002.
13 67 FR 39695, June 10, 2002.
14 See Coast Guard notice of policy, ‘‘Carriage of
Navigation Equipment for Ships on International
Voyages’’ (67 FR 53382, August 15, 2002); and
notice of policy; extension, ‘‘Carriage of Navigation
Equipment for Ships on International Voyages’’ (69
FR 42192, July 14, 2004).
15 See IHO S–32 Hydrographic Dictionary,
electronic navigational chart, available at: https://
iho-ohi.net/S32. This website was accessed on
October 5, 2021.
16 IHO Resolutions of the International
Hydrographic Organization, Publication M–3, 2nd
Edition—2010, Updated August 2018. This
document is available at: https://iho.int/iho_pubs/
misc/M3-E-AUGUST18.pdf. This website was
accessed on January 19, 2022.
17 According to the IHO S–32 Hydrographic
Dictionary, system electronic navigational chart, is
a database, in the manufacturer’s internal ECDIS
(the display system) format, resulting from the lossless transformation of the entire ENC contents and
updates. This database is accessed by ECDIS (the
display system) for the display generation and other
navigational functions and is the equivalent to an
up-to-date paper chart.
18 ENC means the database, standardized as to
content, structure and format, issued for use with
ECDIS by or on the authority of a Government,
authorized Hydrographic Office or other relevant
government institution, and conform to IHO
standards. The ENC contains all the chart
information necessary for safe navigation and may
contain supplementary information in addition to
that contained in the paper chart (such as sailing
directions), which may be considered necessary for
safe navigation.
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C. Existing Chart Carriage and
Associated Navigational Equipment
Carriage Regulations
Table 1 lists the parts, subparts, and
sections in titles 33 and 46 of the CFR
that contain the existing chart carriage
and associated navigational equipment
carriage requirements by vessel class.
These CFR references are being
considered for updating in a future
rulemaking or rulemakings, informed by
comments received from this ANPRM,
to allow for electronic charts, electronic
chart systems, and any integration with
new or existing navigational equipment.
This table is provided for information
and is not intended to suggest that a
future rule would modify every
regulation in this table. Only necessary
regulations pertaining to chart carriage
and navigational equipment carriage
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would be addressed in a future
rulemaking.
TABLE 1—EXISTING CHART CARRIAGE AND ASSOCIATED NAVIGATIONAL EQUIPMENT CARRIAGE REGULATIONS IN 33 AND
46 CFR
Vessel type
Chart carriage regulations
Navigational equipment carriage regulations
Self-propelled Vessels ≥ 1600 Gross Tons (GT) .............
Vessels ≥ 10,000 GT ........................................................
33 CFR 164.33 ...................
33 CFR 164.33 ...................
Towing Vessels ≥ 12 Meters ............................................
33 CFR 164.72(b); 46 CFR
140.705.
46 CFR 28.225 ...................
46 CFR 35.20–1 .................
46 CFR 78.05–5 .................
46 CFR 97.05–5 .................
46 CFR 109.565 .................
46 CFR 121.420 .................
33 CFR 164.35; 33 CFR 164.41; 33 CFR 164.46.
33 CFR 164.35; 33 CFR 164.37; 33 CFR 164.38; 33
CFR 164.40; 33 CFR 164.41; 33 CFR 164.46.
33 CFR 164.46; 33 CFR 164.72; 46 CFR 140.725.
Commercial Fishing Vessels ............................................
Tank Vessels ....................................................................
Passenger Vessels (U.S. or foreign) > 100 GT ...............
Cargo Vessels ..................................................................
Mobile Offshore Drilling Units ...........................................
Passenger Vessels (U.S.) < 100 GT Carrying > 150
Passengers or with Overnight Accommodations for >
49 Passengers.
Offshore Supply Vessels ..................................................
Public Nautical School Ships ............................................
Sailing School Vessels .....................................................
Passenger Vessels (U.S.) < 100 GT Carrying ≤ 150
Passengers or with Overnight Accommodations for ≤
49 Passengers.
Oceanographic Research Vessels ...................................
Uninspected Vessels 19 .....................................................
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D. Current Electronic Chart Systems
Carriage and Equivalency Guidance
In 2005, the Coast Guard solicited the
assistance of the Radio Technical
Commission for Maritime Services
(RTCM) 20 to expand its standard, RTCM
10900.6, ‘‘RTCM Standard for Electronic
Chart Systems (ECS),’’ to enhance the
use of AIS and better provide for
electronic chart carriage. In three
subsequent editions, the RTCM standard
addressed the backup requirements for
SOLAS ECDIS and the use of electronic
charts on non-SOLAS class vessels. The
updated 7th edition of RTCM’s ECS
standard (10900.7) was published on
April 5, 2017. This edition established
four classes of ECS and supported
integration of other installed
navigational equipment, including
radar, AIS, heading input, and
electronic position fixing systems.
These developments led the Coast
Guard to pursue new or modified
standards to ECS, and were a key
consideration for guidance issued via
Navigation and Vessel Inspection
Circular (NVIC) 01–16, ‘‘Use of
19 Under existing 46 CFR part 25, subpart 25.10,
manufacturers, distributors, and dealers must
install navigation lights on uninspected vessels.
However, we are considering adding new
requirements in 46 CFR part 25 for electronic chart
systems, and any integration with new or existing
navigational equipment.
20 The RTCM is an international non-profit
scientific, professional and educational
organization that is actively engaged in the
development of international standards for
maritime radio navigation and radio
communication systems.
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46
46
46
46
CFR
CFR
CFR
CFR
130.330 .................
167.65–45 .............
169.809 .................
184.420 .................
46 CFR 196.05–5 ...............
46 CFR 26.03–4 .................
33
33
33
33
33
33
CFR
CFR
CFR
CFR
CFR
CFR
164.46;
164.46;
164.46;
164.46;
164.46;
164.46;
46
46
46
46
46
46
CFR
CFR
CFR
CFR
CFR
CFR
part
part
part
part
part
part
28.
32, subpart 32.15.
77.
96.
108.
121.
33
33
33
33
CFR
CFR
CFR
CFR
164.46;
164.46;
164.46;
164.46;
46
46
46
46
CFR
CFR
CFR
CFR
part
part
part
part
130.
167, subpart 167.40.
169, subpart 169.700.
184.
33 CFR 164.46; 46 CFR part 195.
Not Applicable.
Electronic Charts and Publications in
Lieu of Paper Charts, Maps and
Publications.’’ NVIC 01–16 was issued
on February 3, 2016 to address the use
of electronic charts domestically.21
NVIC 01–16 established an equivalency
to the chart and publication carriage
requirements in titles 33 and 46 of the
CFR by permitting the use of ENCs in
lieu of paper charts, under certain
circumstances. NVIC 01–16 was
updated in 2017 22 and in 2020 23 to
reflect changes in available technology
and in the use of electronic
publications. The decline in the use of
paper nautical charts and rise in use of
ENCs that started over two decades ago
has continued since NVIC 01–16 was
issued in 2016.24 The Coast Guard
anticipates that any rule resulting from
this ANPRM would supersede NVIC 01–
16.
21 Although it has been revised by a subsequent
document, the original NVIC 01–16 is available to
view at NVIC_01-16_electronic_charts_and_
publications.pdf (menlosecurity.com). This
document was accessed on October 5, 2021.
22 82 FR 32851, July 18, 2017. Although it has
been revised by a subsequent document, NVIC 01–
16 (Change 1) is available to view at https://
www.navcen.uscg.gov/pdf/electronic_charting/
NVIC_01-16_ElectronicChartsAndPubsCh1.pdf.
This document was accessed on October 5, 2021.
23 85 FR 31789, May 27, 2020. NVIC 01–16
(Change 2) is available at https://www.dco.uscg.mil/
Portals/9/DCO%20Documents/5p/5ps/NVIC/2016/
NVIC_01-16_Ch-2_Final_2020-05-21.pdf?ver=202005-26-172404-563. This document was accessed on
October 5, 2021.
24 See footnote 5 of this ANPRM for the link to
the NOAA Sunsetting Paper.
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V. ANPRM Discussion
With this ANPRM, the Coast Guard
seeks information and public input to
assist us in establishing, through a
future rulemaking, acceptable electronic
chart and related navigational
equipment carriage regulations in titles
33 and 46 CFR. The intent of changing
the CFR sections referenced in table 1
would be to provide safe navigation and
carriage requirements based on ENC
chart data produced by U.S.
hydrographic offices.
More than 50 years ago, when the
Coast Guard mandated chart carriage on
certain commercial vessels,25 the only
charts available to meet the
requirements were paper charts. Under
the existing regulations referenced in
table 1, not all vessels are required to
carry an electronic position fixing
device, heading input device, or ECDIS.
The current domestic chart and
navigational equipment carriage
regulations were not written for an
electronic chart-only environment.
Although both 46 U.S.C. 3105 and NVIC
01–16 (Change 2) provide for
equivalencies between paper and
electronic charts, they do not change
existing CFR requirements.
VI. Information Requested
With this ANPRM, the Coast Guard
seeks public participation in order to
obtain additional information before
issuing a notice of proposed rulemaking
25 16
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with proposed regulatory text. The
information we obtain from you, the
public, should allow us to better
develop requirements that better ensure
safe navigation and carriage based on
ENCs. We seek information on how
widely used electronic charts are today,
what types of vessels are equipped and
operate with electronic charts, where
these vessels typically operate, and
what are appropriate equipment
requirements for different vessel classes.
The more detailed information you
provide, the better informed the Coast
Guard will be when considering
possible modifications to existing
carriage requirements. We are
particularly interested in detailed
reasons for your answers, and in
explanations of any calculations you
make or other information on how you
reach your determinations when
responding to these questions.
Specifically, we seek responses to the
following questions:
Question 1. Should electronic charts
and related navigational equipment be
required on certain vessels not on
international voyages even if paper
charts are available for use and certified
for navigation? If yes, which vessels?
Please explain why.
Question 2. Title 46 U.S.C. 3105
allows for self-propelled commercial
vessels of at least 65 feet in overall
length, vessels carrying more than a
number of passengers for hire
determined by the Secretary, and towing
vessels of more than 26 feet in overall
length and 600 horsepower, while
operating on the navigable waters of the
United States, equipped with and
operating electronic navigational charts
that are produced by a government
hydrographic office or conform to a
standard acceptable to the Secretary, to
be deemed in compliance with any
requirement under title 33 or 46, Code
of Federal Regulations, to have a chart,
marine chart, or map on board.
Paragraph (a)(1)(D) of this statute gives
the Secretary discretion to provide
electronic chart equivalency standards
for any other vessel not specified. For
which types of vessels not listed in the
statute should the Coast Guard consider
creating electronic chart equivalency
standards? What types of vessels, if any,
should be excluded? Please explain
why.
Question 3. Paragraph (a)(1)(B) of 46
U.S.C. 3105 allows for ‘‘a vessel carrying
more than a number of passengers for
hire determined by the Secretary’’ to be
equipped with and operating electronic
charts to meet chart requirements under
titles 33 and 46 of the CFR. If we were
to establish electronic chart carriage
regulations, should we set the number
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of passengers the same as in 46 CFR
chapter I, subchapter K, which applies
to passenger vessels carrying more than
150 passengers or with overnight
accommodations for more than 49
passengers? If not, what number of
passengers for hire should the Coast
Guard use as a minimum for electronic
chart carriage regulations?
Question 4. The National Technology
Transfer and Advancement Act (note to
15 U.S.C. 272) directs agencies to use
voluntary consensus standards in their
regulatory activities. The Coast Guard is
aware of two voluntary industry
consensus standards that provide
standards for ECDIS/ECS: (1)
International Electrotechnical
Commission (IEC) 61174:2015; 26 and (2)
RTCM 10900.7.27 What other voluntary
industry standards should we consider?
Which of these voluntary industry
standards should be adopted, and why?
Would these standards provide
sufficient requirements for the vessel
categories listed in 46 U.S.C. 3105? If
adopted, are these voluntary consensus
standards too prescriptive or do they
contain too many requirements for
certain vessel classes? If so, why?
Question 5. The Secretary of
Homeland Security may allow for
exemptions and waivers, as stated in 46
U.S.C. 3105(a)(2)(C), to permit vessels as
described in subparagraphs (A) through
(D) of paragraph (1) ‘‘that operate solely
landward of the baseline from which the
territorial sea of the United States is
measured to utilize software-based,
platform-independent electronic chart
systems that the Secretary determines
are capable of displaying electronic
navigational charts with necessary scale
and detail to ensure safe navigation for
the intended voyage.’’ Should any
vessels be exempted from electronic
chart system requirements? What
standard, if any, should vessels
operating inside the U.S. territorial sea
baseline be required to meet? If your
vessel is currently in this category and
is using electronic charting systems,
what types of software and hardware are
you using?
Question 6. Regarding EPFDs, NVIC
01–16 (Change 2) states that position
updates must be in real-time (delivered
less than every 2 seconds), sound (8-to20-meter accuracy), and have a
minimum resolution of 0.001 minutes
(devices dependent on cellular
connection are not acceptable) in
accordance with the Federal
Radionavigation Plan, IMO Resolution
MSC.112(73), and IEC 61108–1. Should
we incorporate these standards in
26 IEC
61174:2015 ECDIS standard.
10900.7 ECS standard.
27 RTCM
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17245
regulations for EPFDs used with ENCs
for navigational functions? If not, what
standard(s) should they meet? Please
explain why.
Question 7. Should electronic
navigational equipment listed in A
through F below, which is required for
carriage on certain vessels, be digitally
integrated 28 with electronic nautical
charts and navigational systems? Why
or why not? What cyber security
concerns should be considered if
electronic nautical charts and
navigation systems are integrated with
this equipment?
(A) EPFD providing position
information;
(B) AIS;
(C) Gyro compass or other means to
determine a vessel’s heading by vesselborne non-magnetic means and transmit
heading information;
(D) Marine radar;
(E) Magnetic compass; or
(F) Voyage data recorder or simplified
voyage data recorder.
Question 8. Current chart carriage
requirements described in 33 CFR
164.33 require charts to be ‘‘of a large
enough scale and have enough detail to
make safe navigation of the area
possible.’’ Should a specific scale be
identified in regulation? Why or why
not?
Question 9. When a vessel is reliant
on ENC or IENC charts, should the Coast
Guard require the following back-up
arrangements?
(A) An equivalent system to that being
used to view electronic charts as the
primary means, connected to a power
supply separate and independent from
the primary system;
(B) A non-equivalent ECS meeting a
recognized standard, connected to a
power supply and independent from the
primary system;
(C) Other; please specify; or
(D) No back-up arrangement required.
Question 10. Does your vessel have
backup power capability? Should an
ECS be connected to a backup power
supply separate and independent from
the primary system? What would be the
cost of installing a backup source? For
the purpose of understanding your
response, please include the type and
size of the vessel for which you are
providing your response.
Question 11. If you operate a vessel,
are a vessel owner, or work in an
industry with vessels subject to the
chart and navigational equipment
carriage requirements in titles 33 and 46
28 See IEC 61162 Digital Interfaces for Navigation
Equipment within a Ship and National Marine
Electronics Association (NMEA) 0183 Interface
Standard.
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of the CFR, how prevalent are electronic
chart display systems within the vessel
class with which you are
knowledgeable? For example, in your
vessel class or industry, would you
consider electronic chart display
systems to be very uncommon,
uncommon, somewhat common,
common, or very common? For
reference, the Coast Guard will attempt
to quantify non-numerical responses to
questions for the purposes of an
economic analysis. We will consider
‘‘very uncommon’’ to represent an
adoption rate of 20 percent or less;
‘‘uncommon’’ to represent an adoption
rate between 20 and 40 percent;
‘‘somewhat common’’ to represent an
adoption rate between 40 and 60
percent; ‘‘common’’ to represent an
adoption rate between 60 and 80
percent; and ‘‘very common’’ to
represent an adoption rate of 80 percent
or greater. For us to better understand
the context of your response, please
provide the particular area of the
maritime industry or vessel class that
your estimate is for, and the basis for
that estimate.
Question 12a. If your vessel lacks the
navigational equipment necessary to use
and display ENC charts, what is your
vessel type, what equipment are you
currently lacking, and what would be
the estimated cost of procuring and
installing this equipment? Please let us
know who would procure and set up the
equipment, and provide an estimate for
how long these processes would take.
Will your company be able to use
existing vessel or shoreside
maintenance personnel, or will an
outside marine electrician contractor or
other technician have to be hired? Are
there situations where retrofitting a
vessel with such equipment may not be
possible? If so, why and what vessel
type?
Question 12b. If the additional ENC
equipment would require updates to
your vessel’s electrical system, please
provide an estimate of the expected
costs to the vessel owner. If you cannot
provide a cost estimate, what type of
technician would perform the update to
the electrical system and how long do
you estimate that would take? Would
the vessel need to be docked or out of
service for any of the modifications
described in this question? If so, for how
long? Please indicate the type of vessel
in your response.
Question 13. How many hours per
month do you currently spend updating
paper charts? What are the costs of
maintaining a corrected chart portfolio?
How often do you replace paper charts?
If you or your company make the
updates internally who is in charge of
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updating them (master, mate, shorebased company employee, etc.)? If you
contract with a service, how much do
you pay for the services provided?
Question 14. What are the ongoing
costs for the necessary electronic chart
display system software, such as a
charting application or subscription
service? How often are technicians
required to maintain or service the ECS
and how much does this service cost?
How often do you anticipate replacing
or upgrading an electronic chart display
system and what is the estimated cost to
replace or upgrade it?
Question 15. If the Coast Guard were
to propose electronic chart and
navigational equipment carriage
requirements, what persons, entities, or
organizations would be positively or
negatively impacted? For example, a
positive impact may include instances
where an individual, vessel owner, or
company may experience cost savings
from time saved by no longer manually
updating charts or an increase in
revenue from selling electronic chart
display systems or software, while a
negative impact may result from an
individual, vessel owner, or company
taking on additional equipment costs to
be in compliance.
Question 16. Are there additional
measures that should be considered to
relieve an economic burden if the Coast
Guard were to issue a rule to establish
electronic chart and navigational
equipment carriage requirements? What
would you consider to be the expected
costs and associated benefits of the
additional measures? Please provide the
data and calculations for the
determination of such costs and/or
benefits.
Question 17. Because of the
similarities between an RTCM Class
‘‘A’’ ECS and an ECDIS, NVIC 1–16
(Change 2) encourages mariners
operating an RTCM Class ‘‘A’’ ECS to
complete Coast Guard approved ECDIS
training. For all other mariners
operating other ECS systems NVIC 01–
16 (Change 2) identifies training topics
for mariner familiarization. Is a Coast
Guard approved ECDIS course
appropriate training for mariners on
vessels equipped with ECS? Should ECS
specific training be required for officers
in charge of a navigational watch on
vessels equipped with ECS? What
would you consider to be the estimated
costs for such training?
Dated: March 23, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2022–06416 Filed 3–25–22; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2022–0064]
RIN 1625–AA00
Safety Zone; Blue Angels at Kaneohe
Bay Air Show; Oahu, HI
Coast Guard, Homeland
Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone
while the U.S. Navy Blue Angels
Squadron conducts aerobatic
performances over Kaneohe Bay, Oahu,
Hawaii, from 9:00 a.m. through 5:00
p.m., August 12–14, 2022. This safety
zone is necessary to protect watercraft
and the general public from hazards
associated with the U.S. Navy Blue
Angels aircraft low flying, high powered
jet aerobatics over open waters. Vessels
desiring to transit through the zone can
request permission by contacting the
Honolulu Captain of the Port (COTP) or
his designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 27, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0064 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Bradley Lindsey, Waterways
Management Division, U.S. Coast Guard
Sector Honolulu; telephone (808) 541–
4363, email Bradley.w.lindsey@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 27, 2022, Kaneohe Bay Air
Show 2022 coordinators informed the
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17241-17246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06416]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 164
46 CFR Parts 25, 26, 28, 32, 35, 77, 78, 96, 97, 108, 109, 121,
130, 140, 167, 169, 184, 195, and 196
[Docket No. USCG-2021-0291]
RIN 1625-AC74
Electronic Chart and Navigational Equipment Carriage Requirements
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard seeks public input regarding the modification
of the chart and navigational equipment carriage requirements in the
Code of Federal Regulations (CFR). This advance notice of proposed
rulemaking (ANPRM) outlines the Coast Guard's broad strategy to revise
its CFR chart and navigational equipment carriage requirements to
implement statutory electronic-chart-use provisions for commercial
U.S.-flagged vessels and certain foreign-flagged vessels operating in
the waters of the United States. This ANPRM is necessary to obtain
additional information from the public before issuing a notice of
proposed rulemaking. It will allow us to verify the extent of the
requirements for the rule, such as how widely electronic charts
currently are used, which types of vessels are using them, the
appropriate equipment requirements for different vessel classes, and
where the vessels operate, and will thereby allow us to tailor
electronic chart requirements to vessel class and location.
DATES: Comments and related material must be received by the Coast
Guard on or before June 27, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0291 using the Federal eRulemaking Portal at www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email John Stone, Office of Navigation Systems (CG-NAV-2),
Coast Guard; telephone 202-372-1093, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
A. Purpose of the Advance Notice of Proposed Rulemaking (ANPRM)
B. Statutory Authority
IV. Background
A. ``Sunsetting'' of Raster Navigational Charts
B. Transition to Electronic Navigational Charts, and Electronic
Chart Display and Information Systems
C. Existing Chart Carriage and Associated Navigational Equipment
Carriage Regulations
D. Current Electronic Chart Systems Carriage and Equivalency
Guidance
V. ANPRM Discussion
VI. Information Requested
I. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at www.regulations.gov. To do so, go
to www.regulations.gov, type USCG-2021-0291 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If you cannot submit
your material by using www.regulations.gov, call or email the person in
the FOR FURTHER INFORMATION CONTACT section of this advance notice of
proposed rulemaking document (ANPRM) for alternate instructions.
Viewing material in docket. To view documents mentioned in this
ANPRM as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document
[[Page 17242]]
Type column. Public comments will also be placed in our online docket
and can be viewed by following instructions on www.regulations.gov
Frequently Asked Questions web page. We review all comments received,
but we will only post comments that address the topic of the proposed
rule. We may choose not to post off-topic, inappropriate, or duplicate
comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see Department of Homeland Security's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting, but we
will consider doing so if we determine from public comments that a
meeting would be helpful. We would issue a separate Federal Register
document to announce the date, time, and location of such a meeting.
II. Abbreviations
AIS Automatic identification systems
ANPRM Advance notice of proposed rulemaking
DHS Department of Homeland Security
ECDIS Electronic chart display and information system
ECS Electronic chart system
ENC Electronic navigational chart
EPFD Electronic position fixing device
FR Federal Register
GT Gross tons
IEC International Electrotechnical Commission
IEHG Inland Electronic Navigational Chart Harmonization Group
IENC Inland Electronic Navigational Charts
IHO International Hydrographic Organization
IMO International Maritime Organization
NOAA National Oceanic and Atmospheric Administration
NVIC Navigation and Vessel Inspection Circular
RNC Raster navigational chart
RTCM Radio Technical Commission for Maritime Services
Sec. Section
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
III. Basis and Purpose
A. Purpose of the Advance Notice of Proposed Rulemaking (ANPRM)
This advance notice of proposed rulemaking (ANPRM) seeks comments
regarding possible modifications to the chart and navigational
equipment carriage requirements in titles 33 and 46 of the Code of
Federal Regulations (CFR). This ANPRM outlines the Coast Guard's broad
strategy to revise its CFR chart and navigational-equipment carriage
requirements, to implement statutory electronic-chart-use provisions
for commercial U.S.-flagged vessels, to include self-propelled vessels
of at least 65 feet in overall length, passenger vessels for hire,
towing vessels of more than 26 feet in overall length and 600
horsepower, and certain foreign-flagged vessels operating in the waters
of the United States.
In this ANPRM, we are seeking information on how widely electronic
charts are used, which types of vessels are using them, and where the
vessels operate, as well as views on the appropriate equipment
requirements for different vessel classes. The information obtained
from this ANPRM will assist in drafting a proposed rule that tailors
electronic charts requirements to vessel class and location.
B. Statutory Authority
Title 46 of the United States Code (U.S.C.) Section 3105(a)(1)
deems certain vessels ``equipped with and operating electronic
navigational charts that are produced by a government hydrographic \1\
office or conform to a standard acceptable to the Secretary'' as
compliant with charting requirements under title 33 or 46 of the
CFR.\2\ Additionally, 46 U.S.C. 3105(a)(2)(C) permits the granting of
waivers to vessels that use ``software-based, platform independent
electronic chart systems the Secretary determines are capable of
displaying electronic navigational charts with necessary scale and
detail to ensure safe navigation for the intended voyage.''
---------------------------------------------------------------------------
\1\ The International Hydrographic Organization (IHO) defines
hydrography as, ``the branch of applied sciences which deals with
the measurement and description of the physical features of oceans,
seas, coastal areas, lakes and rivers, as well as the prediction of
their change over time, for the primary purpose of safety of
navigation and in support of all other marine activities, including
economic development, security and defense, scientific research, and
environmental protection.'' This definition was accessed on October
10, 2021 from: https://iho.int/en/importance-of-hydrography.
Recognized hydrographic offices in the United States include the
National Oceanic and Atmospheric Administration (NOAA), the U.S.
Army Corps of Engineers (USACE), and the National Geospatial-
Intelligence Agency (NGA).
\2\ Public Law 108-293 (2004), codified at 33 U.S.C. 1223a,
revised and re-codified at 46 U.S.C. 3105 (Pub. L. 115-282, Section
402(a)(1) (2018)). 46 U.S.C. 3105 was recently amended by section
8301 of the ``William M. (MAC) Thornberry National Defense
Authorization Act for Fiscal Year 2021'' (Pub. L. 116-283).
---------------------------------------------------------------------------
These acceptable standards and capabilities need to be clarified
because paper and raster charts \3\ are being discontinued \4\ and
replaced by born-digital \5\ electronic navigational charts (ENCs).
This clarification is necessary because ENCs require additional
equipment, such as a display system, for the mariner to safely and
effectively navigate.
---------------------------------------------------------------------------
\3\ A raster chart is an electronic reproduction (a picture)
made from a detailed scanning of a paper chart.
\4\ See NOAA, ``Sunsetting Traditional NOAA Paper Charts End of
Paper and Raster Nautical Chart Production Introduction of NOAA
Custom Charts'' (November 14, 2019), available at https://nauticalcharts.noaa.gov/publications/docs/raster-sunset.pdf. This
document was accessed on October 5, 2021.
\5\ Born-digital means to be produced in digital form, rather
than being converted from print to digital form.
---------------------------------------------------------------------------
Under 46 U.S.C. 70001(a)(3), the Coast Guard generally ``may
require vessels to install and use specified navigation equipment,
communications equipment, electronic relative motion analyzer
equipment, or any electronic or other device necessary to comply with a
vessel traffic service or that is necessary in the interests of vessel
safety.'' Upon completion of the National Oceanic and Atmospheric
Administration (NOAA) ``Sunset Plan,'' \6\ traditional paper charts may
no longer be available for some waterways or certified safe for
navigation for some vessels, which we discuss in more detail in section
IV.A of this ANPRM. Therefore, it may be necessary to require
electronic chart and related navigational equipment carriage on certain
vessels.
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
IV. Background
The regulations in titles 33 and 46 of the CFR require certain
vessels to carry currently corrected nautical charts, marine charts,
and publications when operating in U.S. waters, as well as equipment
necessary to ensure safe navigation (see table 1 in this ANPRM for a
list of regulations containing these requirements). At the time these
regulations were issued in 1951,\7\ paper charts were the only
available form of charts. Since that time, paper charts have evolved
into electronic charts.
---------------------------------------------------------------------------
\7\ 16 FR 1511, 1542 (February 14, 1951).
---------------------------------------------------------------------------
Section 410 of the Coast Guard and Maritime Transportation Act of
2004 required certain vessels operating on the navigable waters of the
United States be equipped with and operate electronic charts.\8\ At the
time, however, recognized hydrographic authorities did not maintain a
full portfolio of electronic charts, and an affordable means for a
mariner to display and safely use electronic charts was not available
on the market. Consequently, the Coast Guard did not issue
implementation regulations. Since the enactment of section 410 in 2004,
[[Page 17243]]
charting systems manufacturers have developed multiple systems that are
available to mariners for use, and recognized hydrographic authorities
now provide a full suite of electronic charts.
---------------------------------------------------------------------------
\8\ See Public Law 108-293 (2004).
---------------------------------------------------------------------------
A. ``Sunsetting'' of Raster Navigational Charts
NOAA is the U.S. hydrographic authority for nautical charts
covering the U.S. shoreline, Great Lakes, and waters within the U.S.
Exclusive Economic Zone. NOAA is undertaking a 5-year ``sunsetting''
program to gradually end the production of its raster navigational
charts (RNC) and paper nautical charts.\9\ Production of all NOAA's
RNCs and NOAA's paper nautical charts is scheduled to cease by January
2025.\10\
---------------------------------------------------------------------------
\9\ See NOAA's notice and request for comments, ``Sunsetting of
Raster Nautical Charts,'' 84 FR 62512, November 15, 2019.
\10\ See NOAA's Raster Charts Products website, available at
Farewell to Traditional Nautical Charts (noaa.gov).
---------------------------------------------------------------------------
B. Transition to Electronic Navigational Charts, and Electronic Chart
Display and Information Systems
In the 1990s, electronic chart technology took a leap forward with
the creation of ENCs.\11\ ENCs consist of a series of data points and
lines that define the shape and size of features to be displayed on a
computer. These data points and lines are linked to a database within
the ENC that can provide additional information about each charted
feature. Layers of ENC information, such as geographic place names or
bathymetry, can be turned on and off to reduce clutter when not needed.
Charted objects, such as regulated area restrictions, can be selected
to have the chart display system show more information about the
feature. The chart display can be zoomed in or out to have the
depiction of features expanded or shrunk. When zoomed in, the size of
text and symbols displayed on the ENC remains the same. This is an
improvement over RNCs; when RNCs are zoomed in, the display becomes
increasingly blocky or pixelated.
---------------------------------------------------------------------------
\11\ See NOAA's ``Transforming the NOAA ENC. Implementing the
National Charting Plan.'' https://nauticalcharts.noaa.gov/publications/docs/enc-transformation.pdf.
---------------------------------------------------------------------------
Because ENCs are machine readable, they can interface with existing
shipboard navigational systems, such as electronic position fixing
devices (EPFDs), speed distance measuring equipment (for example, radar
and speed logs), gyrocompasses and transmitting heading devices, and
automatic identification systems (AIS). This allows ENCs to be oriented
in the direction of the vessel's transit and provide warnings or alerts
for low water, restricted areas, and course deviations.
The development and availability of ENCs was such a significant
change in charting that, in 2002, the International Maritime
Organization (IMO) amended its definition of a nautical chart in the
International Convention for the Safety of Life at Sea (SOLAS), as
amended.\12\ SOLAS, Chapter V, Regulation 2 defines Nautical chart or
nautical publication as ``a special-purpose map or book, or a specially
compiled database from which such a map or book is derived, that is
issued officially by or on the authority of a Government, authorized
Hydrographic Office or other relevant government institution and is
designed to meet the requirements of marine navigation.''
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\12\ These amendments came into force on January 7, 2002.
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The U.S. Army Corps of Engineers began production of Inland
Electronic Navigational Charts (IENC) in 2001. In 2002, NOAA announced
that its ENC met the SOLAS definition of a nautical chart and
subsequently renamed their ENC product, ``NOAA ENC[supreg],'' through a
statement of policy.\13\ In 2002, the Coast Guard certified the
Electronic Chart Display and Information System (ECDIS) as meeting the
nautical chart requirements in 33 CFR 164.33(a)(1), because it met the
same navigational safety concerns as paper nautical charts.\14\ During
this time, foreign government hydrographic offices also began producing
ENCs.
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\13\ 67 FR 39695, June 10, 2002.
\14\ See Coast Guard notice of policy, ``Carriage of Navigation
Equipment for Ships on International Voyages'' (67 FR 53382, August
15, 2002); and notice of policy; extension, ``Carriage of Navigation
Equipment for Ships on International Voyages'' (69 FR 42192, July
14, 2004).
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In an effort to standardize electronic charting data, the
International Hydrographic Organization (IHO) further defined \15\ and
created standards and specifications relevant to an ENC in 1996. The
IHO also recognized the manufacturer's role in ENC distribution by
acknowledging and defining the transformation of the entire ENC
contents and updates accessed by the display system (referred to as a
system electronic navigational chart).16 17 The IMO amended
its definition of the term ENC to include conformity to IHO standards
in 2006 with Resolution MSC.232(82), ``Adoption of the Revised
Performance Standards for Electronic Chart Display and Information
Systems (ECDIS).'' \18\ In 2009, SOLAS Chapter V, Regulation 19
mandated that certain commercial vessels on international voyages use
ENCs as well as ECDIS.
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\15\ See IHO S-32 Hydrographic Dictionary, electronic
navigational chart, available at: https://iho-ohi.net/S32. This
website was accessed on October 5, 2021.
\16\ IHO Resolutions of the International Hydrographic
Organization, Publication M-3, 2nd Edition--2010, Updated August
2018. This document is available at: https://iho.int/iho_pubs/misc/M3-E-AUGUST18.pdf. This website was accessed on January 19, 2022.
\17\ According to the IHO S-32 Hydrographic Dictionary, system
electronic navigational chart, is a database, in the manufacturer's
internal ECDIS (the display system) format, resulting from the loss-
less transformation of the entire ENC contents and updates. This
database is accessed by ECDIS (the display system) for the display
generation and other navigational functions and is the equivalent to
an up-to-date paper chart.
\18\ ENC means the database, standardized as to content,
structure and format, issued for use with ECDIS by or on the
authority of a Government, authorized Hydrographic Office or other
relevant government institution, and conform to IHO standards. The
ENC contains all the chart information necessary for safe navigation
and may contain supplementary information in addition to that
contained in the paper chart (such as sailing directions), which may
be considered necessary for safe navigation.
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Since 2002, charting system manufacturers have developed other
systems in addition to ECDIS, such as Electronic Chart Systems (ECS)
and Chart Radars that can display ENC data. In response to this
development, the Coast Guard recognizes that an ECDIS is not the only
way to display ENC data. More information is provided by ENC displays
integrated with navigational equipment, including real-time vessel
position, and additional data layers, such as bathymetry, which can be
used to trigger automatic safety alarms in equipped navigational
systems. As a result, use of ENCs in an ECDIS or other electronic chart
system may enhance situational awareness and navigational safety beyond
the ability of paper nautical charts.
C. Existing Chart Carriage and Associated Navigational Equipment
Carriage Regulations
Table 1 lists the parts, subparts, and sections in titles 33 and 46
of the CFR that contain the existing chart carriage and associated
navigational equipment carriage requirements by vessel class. These CFR
references are being considered for updating in a future rulemaking or
rulemakings, informed by comments received from this ANPRM, to allow
for electronic charts, electronic chart systems, and any integration
with new or existing navigational equipment. This table is provided for
information and is not intended to suggest that a future rule would
modify every regulation in this table. Only necessary regulations
pertaining to chart carriage and navigational equipment carriage
[[Page 17244]]
would be addressed in a future rulemaking.
Table 1--Existing Chart Carriage and Associated Navigational Equipment
Carriage Regulations in 33 and 46 CFR
------------------------------------------------------------------------
Navigational
Vessel type Chart carriage equipment carriage
regulations regulations
------------------------------------------------------------------------
Self-propelled Vessels >= 1600 33 CFR 164.33.... 33 CFR 164.35; 33 CFR
Gross Tons (GT). 164.41; 33 CFR
164.46.
Vessels >= 10,000 GT.......... 33 CFR 164.33.... 33 CFR 164.35; 33 CFR
164.37; 33 CFR
164.38; 33 CFR
164.40; 33 CFR
164.41; 33 CFR
164.46.
Towing Vessels >= 12 Meters... 33 CFR 164.72(b); 33 CFR 164.46; 33 CFR
46 CFR 140.705. 164.72; 46 CFR
140.725.
Commercial Fishing Vessels.... 46 CFR 28.225.... 33 CFR 164.46; 46 CFR
part 28.
Tank Vessels.................. 46 CFR 35.20-1... 33 CFR 164.46; 46 CFR
part 32, subpart
32.15.
Passenger Vessels (U.S. or 46 CFR 78.05-5... 33 CFR 164.46; 46 CFR
foreign) > 100 GT. part 77.
Cargo Vessels................. 46 CFR 97.05-5... 33 CFR 164.46; 46 CFR
part 96.
Mobile Offshore Drilling Units 46 CFR 109.565... 33 CFR 164.46; 46 CFR
part 108.
Passenger Vessels (U.S.) < 100 46 CFR 121.420... 33 CFR 164.46; 46 CFR
GT Carrying > 150 Passengers part 121.
or with Overnight
Accommodations for > 49
Passengers.
Offshore Supply Vessels....... 46 CFR 130.330... 33 CFR 164.46; 46 CFR
part 130.
Public Nautical School Ships.. 46 CFR 167.65-45. 33 CFR 164.46; 46 CFR
part 167, subpart
167.40.
Sailing School Vessels........ 46 CFR 169.809... 33 CFR 164.46; 46 CFR
part 169, subpart
169.700.
Passenger Vessels (U.S.) < 100 46 CFR 184.420... 33 CFR 164.46; 46 CFR
GT Carrying <= 150 Passengers part 184.
or with Overnight
Accommodations for <= 49
Passengers.
Oceanographic Research Vessels 46 CFR 196.05-5.. 33 CFR 164.46; 46 CFR
part 195.
Uninspected Vessels \19\...... 46 CFR 26.03-4... Not Applicable.
------------------------------------------------------------------------
D. Current Electronic Chart Systems Carriage and Equivalency Guidance
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\19\ Under existing 46 CFR part 25, subpart 25.10,
manufacturers, distributors, and dealers must install navigation
lights on uninspected vessels. However, we are considering adding
new requirements in 46 CFR part 25 for electronic chart systems, and
any integration with new or existing navigational equipment.
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In 2005, the Coast Guard solicited the assistance of the Radio
Technical Commission for Maritime Services (RTCM) \20\ to expand its
standard, RTCM 10900.6, ``RTCM Standard for Electronic Chart Systems
(ECS),'' to enhance the use of AIS and better provide for electronic
chart carriage. In three subsequent editions, the RTCM standard
addressed the backup requirements for SOLAS ECDIS and the use of
electronic charts on non-SOLAS class vessels. The updated 7th edition
of RTCM's ECS standard (10900.7) was published on April 5, 2017. This
edition established four classes of ECS and supported integration of
other installed navigational equipment, including radar, AIS, heading
input, and electronic position fixing systems.
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\20\ The RTCM is an international non-profit scientific,
professional and educational organization that is actively engaged
in the development of international standards for maritime radio
navigation and radio communication systems.
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These developments led the Coast Guard to pursue new or modified
standards to ECS, and were a key consideration for guidance issued via
Navigation and Vessel Inspection Circular (NVIC) 01-16, ``Use of
Electronic Charts and Publications in Lieu of Paper Charts, Maps and
Publications.'' NVIC 01-16 was issued on February 3, 2016 to address
the use of electronic charts domestically.\21\ NVIC 01-16 established
an equivalency to the chart and publication carriage requirements in
titles 33 and 46 of the CFR by permitting the use of ENCs in lieu of
paper charts, under certain circumstances. NVIC 01-16 was updated in
2017 \22\ and in 2020 \23\ to reflect changes in available technology
and in the use of electronic publications. The decline in the use of
paper nautical charts and rise in use of ENCs that started over two
decades ago has continued since NVIC 01-16 was issued in 2016.\24\ The
Coast Guard anticipates that any rule resulting from this ANPRM would
supersede NVIC 01-16.
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\21\ Although it has been revised by a subsequent document, the
original NVIC 01-16 is available to view at NVIC_01-
16_electronic_charts_and_publications.pdf (menlosecurity.com). This
document was accessed on October 5, 2021.
\22\ 82 FR 32851, July 18, 2017. Although it has been revised by
a subsequent document, NVIC 01-16 (Change 1) is available to view at
https://www.navcen.uscg.gov/pdf/electronic_charting/NVIC_01-16_ElectronicChartsAndPubsCh1.pdf. This document was accessed on
October 5, 2021.
\23\ 85 FR 31789, May 27, 2020. NVIC 01-16 (Change 2) is
available at https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2016/NVIC_01-16_Ch-2_Final_2020-05-21.pdf?ver=2020-05-26-172404-563. This document was accessed on October 5, 2021.
\24\ See footnote 5 of this ANPRM for the link to the NOAA
Sunsetting Paper.
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V. ANPRM Discussion
With this ANPRM, the Coast Guard seeks information and public input
to assist us in establishing, through a future rulemaking, acceptable
electronic chart and related navigational equipment carriage
regulations in titles 33 and 46 CFR. The intent of changing the CFR
sections referenced in table 1 would be to provide safe navigation and
carriage requirements based on ENC chart data produced by U.S.
hydrographic offices.
More than 50 years ago, when the Coast Guard mandated chart
carriage on certain commercial vessels,\25\ the only charts available
to meet the requirements were paper charts. Under the existing
regulations referenced in table 1, not all vessels are required to
carry an electronic position fixing device, heading input device, or
ECDIS. The current domestic chart and navigational equipment carriage
regulations were not written for an electronic chart-only environment.
Although both 46 U.S.C. 3105 and NVIC 01-16 (Change 2) provide for
equivalencies between paper and electronic charts, they do not change
existing CFR requirements.
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\25\ 16 FR 1511, 1542, February 14, 1951.
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VI. Information Requested
With this ANPRM, the Coast Guard seeks public participation in
order to obtain additional information before issuing a notice of
proposed rulemaking
[[Page 17245]]
with proposed regulatory text. The information we obtain from you, the
public, should allow us to better develop requirements that better
ensure safe navigation and carriage based on ENCs. We seek information
on how widely used electronic charts are today, what types of vessels
are equipped and operate with electronic charts, where these vessels
typically operate, and what are appropriate equipment requirements for
different vessel classes. The more detailed information you provide,
the better informed the Coast Guard will be when considering possible
modifications to existing carriage requirements. We are particularly
interested in detailed reasons for your answers, and in explanations of
any calculations you make or other information on how you reach your
determinations when responding to these questions.
Specifically, we seek responses to the following questions:
Question 1. Should electronic charts and related navigational
equipment be required on certain vessels not on international voyages
even if paper charts are available for use and certified for
navigation? If yes, which vessels? Please explain why.
Question 2. Title 46 U.S.C. 3105 allows for self-propelled
commercial vessels of at least 65 feet in overall length, vessels
carrying more than a number of passengers for hire determined by the
Secretary, and towing vessels of more than 26 feet in overall length
and 600 horsepower, while operating on the navigable waters of the
United States, equipped with and operating electronic navigational
charts that are produced by a government hydrographic office or conform
to a standard acceptable to the Secretary, to be deemed in compliance
with any requirement under title 33 or 46, Code of Federal Regulations,
to have a chart, marine chart, or map on board. Paragraph (a)(1)(D) of
this statute gives the Secretary discretion to provide electronic chart
equivalency standards for any other vessel not specified. For which
types of vessels not listed in the statute should the Coast Guard
consider creating electronic chart equivalency standards? What types of
vessels, if any, should be excluded? Please explain why.
Question 3. Paragraph (a)(1)(B) of 46 U.S.C. 3105 allows for ``a
vessel carrying more than a number of passengers for hire determined by
the Secretary'' to be equipped with and operating electronic charts to
meet chart requirements under titles 33 and 46 of the CFR. If we were
to establish electronic chart carriage regulations, should we set the
number of passengers the same as in 46 CFR chapter I, subchapter K,
which applies to passenger vessels carrying more than 150 passengers or
with overnight accommodations for more than 49 passengers? If not, what
number of passengers for hire should the Coast Guard use as a minimum
for electronic chart carriage regulations?
Question 4. The National Technology Transfer and Advancement Act
(note to 15 U.S.C. 272) directs agencies to use voluntary consensus
standards in their regulatory activities. The Coast Guard is aware of
two voluntary industry consensus standards that provide standards for
ECDIS/ECS: (1) International Electrotechnical Commission (IEC)
61174:2015; \26\ and (2) RTCM 10900.7.\27\ What other voluntary
industry standards should we consider? Which of these voluntary
industry standards should be adopted, and why? Would these standards
provide sufficient requirements for the vessel categories listed in 46
U.S.C. 3105? If adopted, are these voluntary consensus standards too
prescriptive or do they contain too many requirements for certain
vessel classes? If so, why?
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\26\ IEC 61174:2015 ECDIS standard.
\27\ RTCM 10900.7 ECS standard.
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Question 5. The Secretary of Homeland Security may allow for
exemptions and waivers, as stated in 46 U.S.C. 3105(a)(2)(C), to permit
vessels as described in subparagraphs (A) through (D) of paragraph (1)
``that operate solely landward of the baseline from which the
territorial sea of the United States is measured to utilize software-
based, platform-independent electronic chart systems that the Secretary
determines are capable of displaying electronic navigational charts
with necessary scale and detail to ensure safe navigation for the
intended voyage.'' Should any vessels be exempted from electronic chart
system requirements? What standard, if any, should vessels operating
inside the U.S. territorial sea baseline be required to meet? If your
vessel is currently in this category and is using electronic charting
systems, what types of software and hardware are you using?
Question 6. Regarding EPFDs, NVIC 01-16 (Change 2) states that
position updates must be in real-time (delivered less than every 2
seconds), sound (8-to-20-meter accuracy), and have a minimum resolution
of 0.001 minutes (devices dependent on cellular connection are not
acceptable) in accordance with the Federal Radionavigation Plan, IMO
Resolution MSC.112(73), and IEC 61108-1. Should we incorporate these
standards in regulations for EPFDs used with ENCs for navigational
functions? If not, what standard(s) should they meet? Please explain
why.
Question 7. Should electronic navigational equipment listed in A
through F below, which is required for carriage on certain vessels, be
digitally integrated \28\ with electronic nautical charts and
navigational systems? Why or why not? What cyber security concerns
should be considered if electronic nautical charts and navigation
systems are integrated with this equipment?
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\28\ See IEC 61162 Digital Interfaces for Navigation Equipment
within a Ship and National Marine Electronics Association (NMEA)
0183 Interface Standard.
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(A) EPFD providing position information;
(B) AIS;
(C) Gyro compass or other means to determine a vessel's heading by
vessel-borne non-magnetic means and transmit heading information;
(D) Marine radar;
(E) Magnetic compass; or
(F) Voyage data recorder or simplified voyage data recorder.
Question 8. Current chart carriage requirements described in 33 CFR
164.33 require charts to be ``of a large enough scale and have enough
detail to make safe navigation of the area possible.'' Should a
specific scale be identified in regulation? Why or why not?
Question 9. When a vessel is reliant on ENC or IENC charts, should
the Coast Guard require the following back-up arrangements?
(A) An equivalent system to that being used to view electronic
charts as the primary means, connected to a power supply separate and
independent from the primary system;
(B) A non-equivalent ECS meeting a recognized standard, connected
to a power supply and independent from the primary system;
(C) Other; please specify; or
(D) No back-up arrangement required.
Question 10. Does your vessel have backup power capability? Should
an ECS be connected to a backup power supply separate and independent
from the primary system? What would be the cost of installing a backup
source? For the purpose of understanding your response, please include
the type and size of the vessel for which you are providing your
response.
Question 11. If you operate a vessel, are a vessel owner, or work
in an industry with vessels subject to the chart and navigational
equipment carriage requirements in titles 33 and 46
[[Page 17246]]
of the CFR, how prevalent are electronic chart display systems within
the vessel class with which you are knowledgeable? For example, in your
vessel class or industry, would you consider electronic chart display
systems to be very uncommon, uncommon, somewhat common, common, or very
common? For reference, the Coast Guard will attempt to quantify non-
numerical responses to questions for the purposes of an economic
analysis. We will consider ``very uncommon'' to represent an adoption
rate of 20 percent or less; ``uncommon'' to represent an adoption rate
between 20 and 40 percent; ``somewhat common'' to represent an adoption
rate between 40 and 60 percent; ``common'' to represent an adoption
rate between 60 and 80 percent; and ``very common'' to represent an
adoption rate of 80 percent or greater. For us to better understand the
context of your response, please provide the particular area of the
maritime industry or vessel class that your estimate is for, and the
basis for that estimate.
Question 12a. If your vessel lacks the navigational equipment
necessary to use and display ENC charts, what is your vessel type, what
equipment are you currently lacking, and what would be the estimated
cost of procuring and installing this equipment? Please let us know who
would procure and set up the equipment, and provide an estimate for how
long these processes would take. Will your company be able to use
existing vessel or shoreside maintenance personnel, or will an outside
marine electrician contractor or other technician have to be hired? Are
there situations where retrofitting a vessel with such equipment may
not be possible? If so, why and what vessel type?
Question 12b. If the additional ENC equipment would require updates
to your vessel's electrical system, please provide an estimate of the
expected costs to the vessel owner. If you cannot provide a cost
estimate, what type of technician would perform the update to the
electrical system and how long do you estimate that would take? Would
the vessel need to be docked or out of service for any of the
modifications described in this question? If so, for how long? Please
indicate the type of vessel in your response.
Question 13. How many hours per month do you currently spend
updating paper charts? What are the costs of maintaining a corrected
chart portfolio? How often do you replace paper charts? If you or your
company make the updates internally who is in charge of updating them
(master, mate, shore-based company employee, etc.)? If you contract
with a service, how much do you pay for the services provided?
Question 14. What are the ongoing costs for the necessary
electronic chart display system software, such as a charting
application or subscription service? How often are technicians required
to maintain or service the ECS and how much does this service cost? How
often do you anticipate replacing or upgrading an electronic chart
display system and what is the estimated cost to replace or upgrade it?
Question 15. If the Coast Guard were to propose electronic chart
and navigational equipment carriage requirements, what persons,
entities, or organizations would be positively or negatively impacted?
For example, a positive impact may include instances where an
individual, vessel owner, or company may experience cost savings from
time saved by no longer manually updating charts or an increase in
revenue from selling electronic chart display systems or software,
while a negative impact may result from an individual, vessel owner, or
company taking on additional equipment costs to be in compliance.
Question 16. Are there additional measures that should be
considered to relieve an economic burden if the Coast Guard were to
issue a rule to establish electronic chart and navigational equipment
carriage requirements? What would you consider to be the expected costs
and associated benefits of the additional measures? Please provide the
data and calculations for the determination of such costs and/or
benefits.
Question 17. Because of the similarities between an RTCM Class
``A'' ECS and an ECDIS, NVIC 1-16 (Change 2) encourages mariners
operating an RTCM Class ``A'' ECS to complete Coast Guard approved
ECDIS training. For all other mariners operating other ECS systems NVIC
01-16 (Change 2) identifies training topics for mariner
familiarization. Is a Coast Guard approved ECDIS course appropriate
training for mariners on vessels equipped with ECS? Should ECS specific
training be required for officers in charge of a navigational watch on
vessels equipped with ECS? What would you consider to be the estimated
costs for such training?
Dated: March 23, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2022-06416 Filed 3-25-22; 8:45 am]
BILLING CODE 9110-04-P
