[Federal Register: October 3, 2007 (Volume 72, Number 191)]
[Proposed Rules]
[Page 56599-56610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc07-24]
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Part V
Department of Homeland Security
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Coast Guard
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33 CFR Part 169
Long Range Identification and Tracking of Ships; Proposed Rule
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 169
[USCG-2005-22612]
RIN 1625-AB00
Long Range Identification and Tracking of Ships
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would require, consistent with
international law, certain ships to report identifying and position
data electronically. This proposed rule is intended to implement an
amendment to chapter V of the International Convention for the Safety
of Life at Sea (SOLAS), regulation 19-1, and would better enable the
Coast Guard to correlate Long Range Identification and Tracking (LRIT)
data with data from other sources, detect anomalies, and heighten our
overall Maritime Domain Awareness. This proposed rule is consistent
with the Coast Guard's strategic goals of maritime security and
maritime safety, and the Department's strategic goals of awareness,
prevention, protection, and response.
DATES: Comments and related material must reach the Docket Management
Facility on or before January 2, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2005-22612 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
You must also send comments on collection of information 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 at nlesser@omb.eop.gov or 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 1210, 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-
372-1425. 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 this proposed
rule, contact Mr. William Cairns, Office of Navigation Systems, Coast
Guard, telephone 202-372-1557, e-mail William.R.Cairns@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing comments and documents
C. Public Meeting
D. Privacy Act
II. Acronyms
III. Background and Purpose
A. LRIT History--International and Domestic
B. Summary of the SOLAS Amendment
C. Description of the LRIT System
IV. Discussion of Proposed Rule
V. Regulatory Analysis
A. Regulatory Evaluation
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
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 http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include your name and address,
identify the docket number for this rulemaking (USCG-2005-22612),
indicate the specific section of this document to which each comment
applies, and give the reason for each comment. 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 http://www.regulations.gov at
any time, click on ``Search for Dockets,'' enter the docket number for
this rulemaking (USCG-2005-22612) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the Ground Floor of the West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The telephone number is 202-366-9329.
C. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
D. 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
[[Page 56601]]
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov
.
II. Acronyms
AIS Automatic Identification System
ASP Application Service Provider
CSP Communications Service Provider
DHS Department of Homeland Security
DOT Department of Transportation
DSC Digital Selective Calling
GMDSS Global Maritime Distress and Safety System
HF High Frequency
ICC Intelligence Coordination Center
IMO International Maritime Organization
ITU International Telecommunication Union
LRIT Long Range Identification and Tracking
MF Medium Frequency
MISLE Marine Information for Safety and Law Enforcement
MSC Maritime Safety Committee
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
SAR Search and Rescue
SOLAS International Convention for the Safety of Life at Sea, 1974,
as amended
SOLAS V/19-1 SOLAS Chapter V Regulation 19-1
SSAS Ship Security Alert System
VHF Very High Frequency
VMS Vessel Monitoring System
III. Background and Purpose
This section discusses the United States' involvement in the
development of the international long-range identification and tracking
(LRIT) scheme, provides a summary of the LRIT amendment to chapter V of
the International Convention for the Safety of Life at Sea (SOLAS),
regulation 19-1, and describes how LRIT information will be generated
and processed.
A. LRIT History--International and Domestic
In 2002, Congress enacted the Maritime Transportation Security Act
of 2002, Pub. L. 107-295, 116 Stat. 2064 (November 25, 2002), one
provision of which authorized the Secretary of the Department in which
the Coast Guard is operating to develop and implement a long-range
automated vessel tracking system for all vessels in United States
waters that are equipped with the Global Maritime Distress and Safety
System (GMDSS) or equivalent satellite technology. The Secretary was
authorized to use existing maritime organizations to collect and
monitor tracking information under the system. 46 U.S.C. 70115 (2002).
The Secretary delegated that authority to the Coast Guard. Department
of Homeland Security Delegation No. 0170.1. The new system came to be
called long-range identification and tracking of ships.
The Coast Guard early-on realized that it would be necessary to
work through the International Maritime Organization (IMO) to obtain an
international agreement to achieve the full benefits of LRIT. Under the
leadership of the Commandant of the Coast Guard, the U.S. aggressively
pursued at IMO an international agreement by an amendment to the SOLAS
Convention, 1974, that would authorize flag State, port State and
coastal State access to LRIT information (ship name, position, and date
and time of report) for all ships subject to that amendment.
We use the terms ``flag State,'' ``port State,'' and ``coastal
State'' throughout this document. Flag State refers to the nation whose
flag the ship is entitled to fly. Port State refers to a nation at
whose internal waters, ports, or roadsteads a ship will call, is
calling, or has called. Coastal State refers to a nation off whose
coast a ship is transiting without calling at its internal waters,
ports, or roadsteads.
This explanation of these three terms is provided to assist the
reader in understanding the provisions of this proposed rule, and is
not intended as a comprehensive definition of those terms. Nor is it to
be understood to express a view as to the jurisdictional competence or
authority of the nation in its capacities as a flag State, port State,
or coastal State.
From 2002 to 2006, the U.S. energetically pursued a SOLAS LRIT
amendment through the IMO's Maritime Safety Committee (MSC) and its
subsidiary bodies. The resulting agreement included the establishment
of a legal mechanism under the customary law of the sea, as reflected
in the 1982 Law of the Sea Convention, by which a coastal State could
access foreign ship identification and tracking information for all
ships subject to the regime a specified distance from the coast,
including those not calling at a port or place of the coastal State.
The SOLAS Contracting Governments, meeting at IMO, set that distance at
1,000 nautical miles.
An amendment to the SOLAS Convention was agreed to at the 81st
session of the MSC, as were performance standards and functional
requirements for the new LRIT system. See, Resolutions MSC.202(81),
containing the text of the amendment; and MSC.210(81) containing the
performance standards and functional requirements of the LRIT system;
both adopted May 19, 2006.
Also during this period, the United States Congress continued its
support for the LRIT goal, by amending 46 U.S.C. 70115 in 2004 and
again in 2006. The first amendment, struck the word, ``may'' and
inserted ``shall, consistent with international treaties, conventions,
and agreements to which the United States is a party,''. See, sec.
803(b) of the Coast Guard and Maritime Transportation Act of 2004, Pub.
L. 108-293, 118 Stat. 1080 (August 9, 2004). The second amendment
inserted a date certain, April 1, 2007, by which the LRIT system was to
be developed and implemented. See, sec. 107 of the Security and
Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-
347, 120 Stat. 1891 (October 13, 2006). It is clear from the foregoing
serial amendments to 46 U.S.C. 70115, and the legislative history that
Congress places great emphasis on the development and implementation of
LRIT, consistent with SOLAS, and that the LRIT system must be developed
as rapidly as possible. See Legislative History, H. Conf. Rpt. No. 107-
777, at 84 (Nov. 13, 2002), reprinted in 2002 U.S. Code Cong. and Adm.
News, 1325; H. Conf. Rep. No. 108-617, at 97 (Jul. 20, 2004), reprinted
in 2004 U.S. Code Cong. and Adm. News, 964, 965; H. Conf. Rpt. No. 109-
711, at 83 (Sep. 29, 2006).
As a Contracting Government to SOLAS, the United States will be
bound by the LRIT amendment. The IMO-sponsored LRIT system is scheduled
to become operational on December 31, 2008. Most ships to which SOLAS
V/19-1 applies must begin transmitting their position reports starting
with the first survey of the ship radio installation after December 31,
2008; new ships, those built on or after December 31, 2008, will need
to transmit position reports as soon as they get underway on their
first international voyage.
At IMO meetings in February 2007, including a Sub-Committee on
Radiocommunications and Search and Rescue meeting, COMSAR 11, numerous
countries expressed doubts about the system being ready for operational
capability by the scheduled date and suggested that it might be
necessary to postpone the IMO implementation date. The United States
was among those countries voicing strong opposition to delaying the
implementation date.
The Coast Guard intends to implement LRIT for U.S. ships and ships
calling at ports or places of the United States according to the
schedule set forth in the proposed rule, regardless
[[Page 56602]]
of whether the IMO decides to postpone the international implementation
date. If IMO LRIT implementation dates are pushed back, the Coast Guard
would establish a national data center, the equivalent of an LRIT Data
Center as described in section III.C below. This data center would be
for U.S. flag ships and would make that data center available to other
SOLAS Contracting Governments as a cooperative data center on an
interim basis on the condition that those Contracting Governments that
choose to take advantage of this offer arrange for their ships to pay
for the communications and associated costs of transmitting the four
positions reports per day required by the performance standards in
Resolution MSC.210(81).
If a Contracting Government does not participate in the U.S.
national or cooperative data center, or does not participate in any
other data center capable of transmitting LRIT information to the U.S.
national or cooperative data center, then vessels from that Contracting
Government that would be required to submit position reports to an LRIT
Data Center under this proposed rule, would instead be required to
transmit a position report every six hours to the National Vessel
Movement Center. This is the same center where notices of arrival
required under 33 CFR part 160, subpart C, are sent.
B. Summary of the SOLAS Amendment
The LRIT amendment to SOLAS does not prejudice the rights,
jurisdiction, or obligations of states under international law. SOLAS
chapter V, regulation 19-1 (SOLAS V/19-1) applies to the following
ships on international voyages:
Passenger ships (all ships carrying more than 12
passengers);
Cargo ships of 300 gross tonnage or more, including high
speed craft; and
Mobile offshore drilling units (self propelled).
These ships must be fitted with equipment that meets performance
standards in IMO Resolution MSC.210(81) and automatically transmits--
The identity of the ship;
Its position; and
The date and time the position report was provided.
Contracting Governments are to bear all communications costs
associated with LRIT information. There are no communications charges
to ships for this purpose.
Contracting Governments are entitled to purchase a ship's LRIT
information based on their relationship to the ship. A flag State may
purchase information on a ship anywhere in the world as long as that
ship is entitled to fly its flag. Unless the ship is within the
internal waters of another State, a port State may purchase LRIT
information on a ship calling at its ports after the ship has indicated
its intention to do so and a coastal State may purchase LRIT
information on a ship that is within a specified distance--not to
exceed 1,000 nautical miles--off the coastal State's baseline.
Additionally, a coastal State would not be entitled to position reports
from a ship in its Flag Administration's territorial seas.
Shipboard equipment must be capable of being switched off in
exceptional circumstances to protect the safety or security of the
ship. In addition to those circumstances specified in international
agreements, rules, or standards, the ship's master may switch the
equipment off if leaving it on would compromise the safety or the
security of the ship.
A Contracting Government is entitled to decide for security or
other reasons not to provide LRIT information to other Contracting
Governments in their capacity as a coastal State. If a Contracting
Government wants to take advantage of this provision, it must notify
IMO, which will in turn notify others.
The SOLAS LRIT regime has provisions for safeguarding LRIT data.
Contracting Governments must--
Recognize and respect commercial confidentiality and
sensitivity of LRIT information they receive;
Protect the information from unauthorized access and
disclosure; and
Use the LRIT information in a manner consistent with
international law.
Contracting Governments with search and rescue (SAR) authorities
are entitled to LRIT information without charge for SAR purposes.
C. Description of the LRIT System
The LRIT system consists of the shipborne LRIT information
transmitting equipment, Communications Service Providers (CSPs),
Application Service Providers (ASPs), LRIT Data Centers, including any
related Vessel Monitoring System(s) (VMSs), the LRIT Data Distribution
Plan and the International LRIT Data Exchange. Certain aspects of the
performance of the LRIT system are reviewed or audited by the LRIT
Coordinator acting on behalf of the IMO and its Contracting
Governments. Figure 1 provides an illustration of the LRIT System
Architecture.
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[GRAPHIC] [TIFF OMITTED] TP03OC07.012
BILLING CODE 4910-15-C
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LRIT information is provided upon request to Contracting
Governments and SAR services entitled to receive the information
through a system of LRIT Data Centers. These centers may be National,
Regional, Co-operative, or International. Each Administration
determines the LRIT Data Center to which its flag ships will report.
When information must be obtained from another data center, the
International LRIT Data Exchange routes the request and the response.
Each Administration provides to the LRIT Data Center it has
selected a list of the ships entitled to fly its flag that will be
required to transmit LRIT information. Flag Administrations should
update such lists as and when changes occur. Ships need only transmit
their LRIT information directly to the LRIT Data Center selected by
their Administration.
Shipborne Equipment
SOLAS Chapter IV, Radio communications, requires ships operating
beyond sea areas A1 and A2, but within sea area A3, to be equipped with
an Inmarsat-C ship earth station (SOLAS IV/10). The Inmarsat satellite
network provides high quality data (and voice) services for ships at
sea under the GMDSS. The shipborne LRIT equipment may either be the
radio equipment that forms part of the GMDSS (i.e., Inmarsat-C) or
other satellite-based communications, or other secure (i.e., encrypted)
terrestrial communications. Initially, LRIT was envisioned to use
Inmarsat-C to transmit position reports. Inmarsat-C receiver equipment
has changed over the years and, accordingly, its ability to satisfy
LRIT requirements is varied. Some Inmarsat-C equipment may already be
able to meet LRIT performance standards. Some may need hardware or
software upgrades. Some older Inmarsat-C equipment (depending on the
manufacturer), may not be upgradeable to meet LRIT requirements and
will need to be replaced. We are not able to identify the population of
vessels that may require upgrades or equipment replacement, but we do
not anticipate this to be a large population. We invite public comment
on this assumption about the size of this population.
Under SOLAS Chapter IV, Radio communications, ships operating in
sea areas A1 and A2 need very high frequency (VHF) and medium frequency
(MF), or VHF and Inmarsat-C (SOLAS IV/9). As noted in the ``Discussion
of the Proposed Rule'' section below, the United States has not defined
sea areas A1 or A2. Those ships that currently operate in A1 and A2 on
international voyages will need to carry LRIT equipment. This is an
added equipment requirement for those ships that currently satisfy
SOLAS requirements with VHF and MF. This is not believed to be a
significant population. We invite public comment on this assumption.
As the design of the LRIT system evolved at IMO, there was an
accommodation for multiple CSPs and the associated shipborne LRIT
equipment. For example, many shipping companies use fleet management
systems which utilize satellite communications equipment other than
Inmarsat to transmit information. Additionally, secure terrestrial high
frequency (HF) communications may also satisfy LRIT requirements. All
shipborne equipment will be registered with a given ASP that is
recognized by the Administration.
Communications Service Providers
CSPs provide services which link the various parts of the LRIT
system using communications protocols in order to ensure the end-to-end
secure transfer of the LRIT information. A CSP is prohibited from using
non-secure broadcast systems. A CSP may use a satellite-based
communications system or a secure (encrypted) terrestrial
communications system capable of reaching the requisite distances
(i.e., high frequency radio). A CSP may also provide services as an
ASP.
Application Service Providers
ASPs offer value-added services to LRIT Data Centers. An ASP
provides a communication protocol interface between the CSPs and the
LRIT Data Center, to enable--
Remote integration of the shipborne equipment into an LRIT
Data Center;
Automatic configuration of transmission of LRIT
information;
Automatic modification of the interval of transmission of
LRIT information;
Automatic suspension of transmission of LRIT information;
On-demand transmission of LRIT information; and
Automatic recovery and management of transmission of LRIT
information.
ASPs also provide an integrated transaction management system for
the monitoring of LRIT information throughput and routing, and ensure
that LRIT information is collected, stored and routed in a reliable and
secure manner.
LRIT Data Center
An LRIT Data Center may be National, Regional, Cooperative, or the
International Data Center. Each Administration decides to which LRIT
Data Center its ships are required to transmit their LRIT information.
The LRIT Data Center ensures that LRIT Data Users are only provided
with the LRIT information they are entitled to receive as specified in
SOLAS V/19-1. Each LRIT Data Center collects LRIT information directly
from ships assigned to it by the Administration. It also collects LRIT
information from ships instructed by their Administration to transmit
the LRIT information to the center through the International LRIT Data
Exchange. Similarly, it makes available LRIT information to other LRIT
Data Centers through the International LRIT Data Exchange.
LRIT Data Centers archive LRIT information for at least 1 year and
until such time as the annual report of the audit of its performance by
the LRIT Coordinator is accepted by IMO.
All LRIT Data Centers would provide certain information to SAR
services. These position reports, transmitted by all ships located
within the geographic area specified by the SAR service requesting the
information, would permit the rapid identification of ships which may
be called upon to provide assistance in relation to the search and
rescue of persons in distress at sea. The LRIT information will be
provided irrespective of the location of the geographic area and even
if the geographic area is outside the SAR region associated with the
SAR service requesting the information.
National, Regional and Co-operative LRIT Data Centers may also
serve as a National, Regional, or Co-operative VMS and may require, as
VMS, the transmission from ships of additional information, or of
information at different intervals, or of information from ships which
are not required to transmit LRIT information.
If a National, Regional or Co-operative LRIT Data Center collects
additional information from ships, it will transmit only the required
LRIT information to the other LRIT Data Centers through the
International LRIT Data Exchange.
International LRIT Data Center
There is one International LRIT Data Center for the ships of
Contracting Governments not participating in a National, Regional or
Co-operative LRIT Data Center.
International LRIT Data Exchange
There is one International LRIT Data Exchange which routes LRIT
information between LRIT Data Centers using the information provided in
the LRIT Data Distribution Plan.
[[Page 56605]]
LRIT Data Distribution Plan
The LRIT Data Distribution Plan includes--
A list of Contracting Governments and SAR services
entitled to receive LRIT information, and their points of contact;
Information on the boundaries of geographic areas within
which each Contracting Government is entitled to receive LRIT
information about ships in the area;
Information given by a Contracting Government pursuant to
SOLAS V/19-1;
A list of ports and port facilities together with the
associated geographic co-ordinates (based on World Geodetic System 84
datum) located within the territory of each Contracting Government;
The National, Regional, Co-operative and International
LRIT Data Center(s) and their points of contact; and
A record indicating which LRIT Data Center is collecting
and archiving LRIT information for each of the Contracting Governments.
LRIT Coordinator
The LRIT Coordinator reviews the performance of the LRIT system
taking into account the provisions of SOLAS V/19-1 and the current
performance standard and reports its findings at least annually. The
LRIT Coordinator reviews the performance of ASPs that serve the
International LRIT Data Center; audits the performance of all LRIT Data
Centers based on archived information and their fee structures; audits
the performance of the International LRIT Data Exchange and its fee
structure, if any; and verifies that Contracting Governments and SAR
services receive the LRIT information they have requested and are
entitled to receive.
Administrations
Each Administration decides to which LRIT Data Center its ships are
required to transmit their LRIT information. Each Administration
provides to the selected LRIT Data Center the following information for
each of its ships required to transmit LRIT information:
Name of ship;
IMO ship identification number;
Call sign; and
Maritime Mobile Service Identity.
Contracting Governments
Each SOLAS Contracting Government may obtain the LRIT information
to which it is entitled under the provisions of SOLAS V/19-1, and has
requested of the appropriate LRIT Data Center. A SOLAS Contracting
Government provides the LRIT Data Center the criteria for receiving
such information. The Contracting Government may give the LRIT Data
Center standing orders regarding the criteria for receiving LRIT
information.
Search and Rescue Services
A SAR service, when it wishes to receive LRIT information pursuant
to the provisions of SOLAS V/19-1, indicates to the LRIT Data Center
the criteria for receiving such information. According to SOLAS V/19-1,
SAR services shall receive this information free of charge. Subject to
the provisions of the national legislation of the SOLAS Contracting
Government concerned, SAR services provide information when requested
by the LRIT Coordinator to enable the review of the performance of the
LRIT system and for the resolution of any disputes.
IV. Discussion of Proposed Rule
The proposed rule would require certain ships on an international
voyage to transmit position information using LRIT equipment. These
requirements would appear in a new subpart to 33 CFR Part 169: Subpart
C--Transmission of Long Range Identification and Tracking Information.
As stated in proposed Sec. 169.200, the purpose of the proposed
LRIT regulations is to implement SOLAS V/19-1 and to require certain
ships engaged on an international voyage to transmit ship
identification and position information electronically. The types of
ships required to transmit position reports are identified in proposed
Sec. 169.205: Passenger ships, including high-speed passenger craft,
and cargo ships, including high speed craft, of 300 gross tonnage or
more, and self-propelled mobile offshore drilling units.
Under proposed Sec. 169.210, a U.S. flag ship required to transmit
position reports must do so at all times when engaged on an
international voyage. A foreign flag ship must transmit position
reports depending on its relationship to the United States. A foreign
ship must transmit position reports once it has announced its intention
to enter a U.S. port or place under U.S. notice of arrival requirements
in 33 CFR part 160, subpart C. Once a foreign ship is within 1,000
nautical miles of the United States baseline, it must transmit position
reports unless, the ship's Flag Administration, under authority of
SOLAS V/19-1.9.1, has directed the ship not to do so.
As noted above, many ships subject to this proposed rule will
already have the necessary transmission equipment because of existing
radio communications requirements under SOLAS Chapter IV and
applicability requirements in SOLAS I/3 and IV/1. In addition, our
definition of international voyage in proposed Sec. 169.5 would
capture U.S. flag ships operating from a foreign port. These ships
would be subject to SOLAS XI-2/6 requirements and required under 33 CFR
104.297 to have a Ship Security Alert System (SSAS) which, like GMDSS
equipment, should allow the ship to meet LRIT requirements without
purchasing new equipment.
LRIT implementation dates are based on when a ship is constructed
and where it operates. The earliest LRIT implementation date in
proposed Sec. 169.220 would be December 31, 2008, for ships
constructed on or after that date. Ships constructed before December
31, 2008, would be required to comply with LRIT requirements by the
first survey of the ships radio installation after December 31, 2008,
if the ship operates within--
One hundred (100) nautical miles of the United States
baseline, or
Within range of an Inmarsat geostationary satellite, or
other Application Service Provider recognized by the Administration,
with which continuous alerting is available.
An additional 6 months is provided--until the first survey of radio
installation after July 1, 2009--for ships constructed before December
31, 2008, that operate both within and outside the area or range
identified immediately above. But those ships must meet the earlier
deadline if they operate within that area or range on or before the
first survey of the ships radio installation after July 1, 2009.
We do not use the term ``sea area'' in our proposed rule. IMO uses
that term in SOLAS V/19-1.4, regarding these installation dates above,
as well as in describing a LRIT exemption. We have used a ship-within-
range approach represented by set distances, instead, because the
United States has not yet defined sea area A1 or A2, as it is permitted
to do under SOLAS IV/1.12 and 1.13 consistent with IMO Resolution
A.801(19). For the purposes of implementing SOLAS V/19-1, we propose
the following distances as the functional equivalents of our as-yet
undefined sea areas: Sea area A1, within 20 nautical miles from the
U.S. baseline; sea area A2, within 20 to 100 nautical miles from the
U.S. baseline.
As stated in proposed Sec. 169.215, LRIT equipment must be type-
approved and meet the requirements of IMO Resolutions A.694(17) and
MSC.210(81), and IEC standard IEC 60945. Manufacturers seeking type
approval
[[Page 56606]]
should submit details of their equipment to Commandant, Office of
Design and Engineering Standards. Under proposed Sec. 169.225, a ship
must use an Application Service Provider recognized by its
Administration. Under proposed Sec. 169.230, position reports must be
transmitted every 6 hours unless a more frequent interval is requested
remotely by an LRIT Data Center.
As specified in proposed Sec. 169.240, a ship may switch its LRIT
equipment off when permitted by its Flag Administration or in
circumstances described in SOLAS V/19-1.7, but under proposed Sec.
169.245, the ship's master must inform the Flag Administration promptly
if the LRIT equipment is switched off or fails to operate. The reason
for switching the equipment off, along with the duration of it being
off, must be recorded in the ship's logbook.
An exemption from LRIT requirements is provided in proposed Sec.
169.235 for ships equipped with an operating automatic identification
system (AIS) if the ship operates only within 20 nautical miles of the
United States baseline, warships, and ships operating solely on the
Great Lakes.
In addition to adding subpart C, we also propose to revise the
general provision in subpart A of 33 CFR part 169 by revising the
description of the purpose of the part, adding LRIT-related definitions
in Sec. 169.5, and adding an ``Incorporation by Reference'' section
where we incorporate IMO resolutions A.694(17), MSC.202(81) and
MSC.210(81), and IEC standard IEC 60945, respectively, related to SOLAS
V/19-1 and LRIT performance standards and functional requirements.
V. Regulatory Analysis
A. Regulatory Evaluation
Section 3(f) of Executive Order 12866, Regulatory Planning and
Review, 58 FR 51735, October 4, 1993, requires a determination whether
a regulatory action is ``significant'' and therefore subject to review
by the Office of Management and Budget (OMB) and subject to the
requirements of the Executive Order. This proposed rule is not a
``significant regulatory action'' under Executive Order 12866 and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. OMB has not reviewed it under that Order.
The Maritime Transportation Security Act, authorized the Coast
Guard under the Department of Homeland Security Delegation No. 0170.1,
to implement the use of LRIT for U.S. and foreign flag ships off the
U.S. coastlines that are equipped with GMDSS, i.e., INMARSAT-C, or
equivalent satellite technology. The requirement of the carriage of
this equipment for foreign flag vessels is contained in the SOLAS
Convention, 1974, as amended, and in 47 CFR part 80 for U.S. flag
vessels. When implemented, LRIT, as an amendment to SOLAS, would
enhance overall maritime domain awareness by providing the United
States, as a Contracting Government to SOLAS, with the identities and
current location information of vessels that are within 1,000 nautical
miles of the U.S., which includes vessels that may be in innocent
passage or on the high seas. The Contracting Governments, including the
U.S., meeting at the IMO set the distance at 1,000 nautical miles. As
an ancillary benefit, LRIT may also assist the Coast Guard in the area
of search and rescue by reducing the response time to the location of
vessels in distress.
This proposed rule would affect U.S. and foreign flag SOLAS vessels
that transit internationally. LRIT would affect vessels engaged on
international voyages and would include passenger vessels carrying more
than 12 passengers including high-speed craft, cargo ships 300 gross
tonnage or more including high-speed craft, and self-propelled mobile
offshore drilling units.
The equipment necessary to transmit LRIT data is not a new carriage
requirement under this proposed rule. The affected U.S. flag vessel
population should already have the requisite GMDSS equipment onboard,
as defined in 47 CFR part 80, that is operable and capable of
transmitting a vessel's position automatically that meets the
performance standards in IMO Resolution MSC.210 (81) and that can
transmit LRIT data as detailed in the ``Description of the LRIT
System,'' Section III.C, above.
We also envisioned LRIT to be backward compatible with existing
equipment onboard vessels and we do not have any data to suggest
otherwise. We estimate that less than 5 percent of U.S. flag vessels
(less than 23 out of the estimated 450) may need some type of equipment
enhancement (either software upgrades or equipment upgrades such as a
new GMDSS unit for example) in order to satisfy the LRIT requirement
and may incur minimal costs as a result of this proposed rule. We
estimate the cost for a new GMDSS unit or equivalent satellite unit to
be around $3,000. If new units were needed on only 23 U.S. flag
vessels, then the equipment cost incurred by industry would be less
than $70,000 to fulfill the LRIT requirement.
We request comments from the public to determine whether your
company would be required to make software or hardware upgrades or
replacements in order to comply with the requirements of this proposed
rule. In addition, we also request information on what this cost would
be per affected vessel and how this would impact your company.
In addition, we anticipate that the crew would not engage in
activities outside of their normal duties in order to comply with the
LRIT requirement. The only requirement for each vessel is to have the
GMDSS activated when the vessel is underway so its position can be
reported automatically.
Flag States, port States, and coastal States, as described
previously in this preamble, that are entitled to request and receive
the LRIT information, would be required to pay for this service. The
United States, as a Contracting Government, would incur the cost for
vessels that transit within 1,000 nautical miles of the U.S. coastline
that transmit their position signals to a data center that collects the
information.
Based on information from the Coast Guard's Intelligence
Coordination Center (ICC) and Marine Information for Safety and Law
Enforcement (MISLE) data, we estimate that 3,000 vessels transit within
1,000 nautical miles of the U.S. coastlines on any given day and would
be affected by this proposed rule. To obtain the U.S. flag population
of vessels, we utilized the Coast Guard's MISLE database and searched
vessels that are SOLAS-certificated and that have an ``ocean'' route
designation. Of the approximately 3,000 vessels that ICC estimated,
approximately 450 are U.S. flag vessels and the remaining balance is
foreign flag vessels that transit internationally.
The LRIT equipment would require a one-time activation and would
remain on unless switched off in exceptional circumstances to protect
the safety or security of the ship, or when the ship is no longer
engaged on an international voyage. Once the crew activates the onboard
equipment, information would be transmitted automatically from the
vessel to an LRIT Data Center. More information on the LRIT System can
be found in the ``Description of the LRIT System,'' Section III.C,
above.
Based on the SOLAS LRIT amendments, one transmission may be made
every six hours, or four times a day, 365 days a year. The Coast
Guard's Office of Navigation Systems estimates that each transmission
would cost the U.S. Government $0.25, or even less if
[[Page 56607]]
transmissions are purchased in bulk. We use $0.25 as a reasonable
estimate for our analysis. We estimate that foreign flag vessels would
make approximately 10,200 transmissions per day (2,550 vessels x 4
transmissions per day) for a total of 3,723,000 transmissions per year
(2,550 vessels x 4 transmissions per day x 365 days per year). We
estimate that U.S. flag vessels would make approximately 1,800
transmissions per day (450 vessels x 4 transmissions per day) for a
total of 657,000 transmissions per year (450 vessels x 4 transmissions
per day x 365 days per year).
We estimate that the U.S. Government would incur data transmission
costs of approximately $930,750 (3,723,000 transmissions x $0.25 per
transmission) annually from foreign flag vessels and $164,250 (657,000
transmissions x $0.25 per transmission) annually from U.S. vessels for
a total annual cost of $1,095,000.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
We have reviewed this proposed rule for potential economic impacts
on small entities. Since the U.S. Government would incur costs
associated with the transmission of information from a vessel to the
United States and we estimate that any equipment upgrade cost that may
be incurred by a ship would be no more than $3,000 and that less than
23 ships would require such upgrades, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule would not have a significant
economic impact on a substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rulemaking so that they can better
evaluate its effects on them and participate in the rulemaking. If you
think that this proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning these provisions or options for compliance, please consult
with the Coast Guard personnel listed in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule. Note, the Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the information collections, a
description of those who must collect the information, and an estimate
of the total annual burden follow.
Title: Enhanced Maritime Domain Awareness via Electronic
Transmission of Vessel Transit Data.
OMB Control Number: 1625-xxxx.
Summary of The Collection Of Information: Certain vessels will
periodically report identity and position data electronically.
Need for Information: When implemented, LRIT will enhance security
by providing the United States with the identities and current location
of vessels off our coastlines. The United States would then have
sufficient time to evaluate the security risk posed by a vessel and
then respond, if necessary, to reduce the risk of a possible security
threat. In addition, there will also be an immediate safety benefit by
enhancing the information available to SAR services. Accurate
information on the location of a vessel in distress as well as vessels
in the area that could lend assistance will save valuable response time
to affect a timely rescue.
Proposed Use of Information: Provide the United States with
identity and current location data for a vessel off our coast and
assess whether there is a security risk or to assist rescue
coordination centers response to a vessel in distress.
Description of the Respondents: Owners/operators of U.S. flag ships
that trade internationally.
Number of Respondents: Approximately 450 vessels.
Frequency of Response: A one-time GMDSS LRIT system initialization
for each vessel.
Burden of Response: 20 minutes per vessel.
Estimate of Total Annual Burden: 150 hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this proposed rule to OMB for its
review of the collection of information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
requirements for this collection of information become effective, we
will publish notice in the Federal Register of OMB's decision to
approve, modify, or disapprove the collection.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are
[[Page 56608]]
within the field foreclosed from regulation by the States. See the
decision of the Supreme Court in the consolidated cases of United
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135,
March 6, 2000.
The requirements in this proposed rule that certain ships on
international voyages have and operate LRIT equipment that meets
international performance standards fall into the categories of
equipping ships and operating that equipment. Because the States may
not regulate within these categories, preemption under Executive Order
13132 is not an issue.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
Our proposed rule would use technical standards that were adopted
by IMO's Maritime Safety Committee. The IMO is considered a voluntary
consensus standards group, but even if it was not, the OMB Circular
regarding NTTAA, A-119, makes an exception for activities ``carried out
pursuant to treaties''--such as revising Coast Guard regulations to
reflect SOLAS amendments.
M. Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. We
seek any comments or information that may lead to discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 169
Endangered and threatened species, Marine mammals, Marine safety,
Navigation (water), Radio, Reporting and recordkeeping requirements,
Vessels, Water pollution control.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 169 as follows:
PART 169--SHIP REPORTING SYSTEMS
1. The authority citation for part 169 is revised to read as
follows:
Authority: 33 U.S.C. 1230(d), 1231; 46 U.S.C. 70115, Department
of Homeland Security Delegation No. 0170.1.
Sec. 169.1 [Amended]
2. Amend Sec. 169.1 as follows:
a. In the section heading, remove the word ``subpart'' and add, in
its place, the word ``part''; and
b. In the last sentence, add the words ``maritime security and
domain awareness,'' immediately after ``navigation safety,''.
3. In Sec. 169.5, revise the section heading; add introductory
text and add, in alphabetical order, the definitions of the terms
``Administration'', ``Cargo ship'', ``Flag Administration'', ``Gross
tonnage'', ``High speed craft'', ``High speed passenger craft'',
``International voyage'', ``Long range identification and tracking
(LRIT) information or position report'', ``LRIT Data Center'', ``Mobile
offshore drilling unit'', ``Passenger ship'', and ``United States'' to
read as follows:
Sec. 169.5 How are terms used in this part defined?
As used in this part--
Administration means the Government of the State whose flag the
ship is entitled to fly.
Cargo ship means any ship which is not a passenger ship.
Flag Administration means the Government of a State whose flag the
ship is entitled to fly.
Gross tonnage means tonnage as defined under the International
Convention on Tonnage Measurement of Ships, 1969.
* * * * *
High speed craft means a craft that is operable on or above the
water and is capable of a maximum speed equal to or exceeding
V=3.7xdispl.1667, where ``V'' is the maximum speed and
``displ'' is the vessel displacement corresponding to the design
waterline in cubic meters.
[[Page 56609]]
High speed passenger craft means a high speed craft carrying more
than 12 passengers.
International voyage means a voyage from a country to which the
present International Convention for the Safety of Life at Sea (SOLAS),
1974 applies to a port outside such country, or conversely. For U.S.
ships, such voyages will be considered to originate at a port in the
United States, regardless of when the voyage actually began. Such
voyages for U.S. ships will continue until the ship returns to the
United States from its last foreign port.
Long range identification and tracking (LRIT) information or
position report means a report containing the following information:
(1) The identity of the ship;
(2) The position of the ship (latitude and longitude); and
(3) The date and time of the position provided.
LRIT Data Center means a center established by a SOLAS Contracting
Government or a group of Contracting Governments, or in the case of the
International Data Center, by IMO, to request, receive, process, and
archive LRIT information. An LRIT Data Center may be National,
Regional, Co-operative or International.
* * * * *
Mobile offshore drilling unit means a self-propelled vessel capable
of engaging in drilling operations for the exploration or exploitation
of subsea resources.
Passenger ship means a ship that carries more than 12 passengers.
* * * * *
United States means the States of the United States, the District
of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the
Northern Mariana Islands, and any other territory or possession of the
United States.
4. In subpart A, add Sec. 169.15 to read as follows:
Sec. 169.15 Incorporation by reference: Where can I get a copy of the
publications mentioned in this part?
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Also, it is available for inspection
at the Coast Guard, Office of Navigation Systems (CG-3PWN), 2100 Second
Street SW., Washington, DC 20593-0001, and is available from the
sources indicated in this section.
(b) International Electrotechnical Commission (IEC) Bureau Central
de la Commission Electrotechnique Internationale, 3 rue de
Varemb[eacute], P.O. Box 131, 1211 Geneva 20, Switzerland.
(1) IEC 60945, Maritime navigation and radiocommunication equipment
and systems general requirements--methods of testing and required test
results, Edition 4.0 (2002-08), incorporation by reference approved for
Sec. 169.215.
(2) [Reserved]
(c) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, U.K.
(1) IMO Resolution MSC.202(81), Adoption of Amendments to the
International Convention for the Safety of Life at Sea, 1974, as
Amended, May 19, 2006, incorporation by reference approved for Sec.
169.240.
(2) IMO Resolution MSC.210(81), Performance Standards and
Functional Requirements for the Long-Range Identification and Tracking
of Ships, May 19, 2006, incorporation by reference approved for Sec.
169.215.
(3) Resolution A.694(17), General requirements for shipborne radio
equipment forming part of the global maritime distress and safety
system (GMDSS) and for electronic navigational aids, 6 November 1991,
incorporation by reference approved for Sec. 165.215.
5. Add subpart C, consisting of Sec. Sec. 169.200 through 169.245,
to read as follows:
Subpart C--Transmission of Long Range Identification and Tracking
Information
Sec.
169.200 What is the purpose of this subpart?
169.205 What types of ships are required to transmit LRIT
information (position reports)?
169.210 Where during its international voyage must a ship transmit
position reports?
169.215 How must a ship transmit position reports?
169.220 When must a ship be fitted with LRIT equipment?
169.225 Which Application Service Providers may a ship use?
169.230 How often must a ship transmit position reports?
169.235 What exemptions are there from reporting?
169.240 When may LRIT equipment be switched off?
169.245 What must a ship master do when LRIT equipment is switched
off or fails to operate?
Subpart C--Transmission of Long Range Identification and Tracking
Information
Sec. 169.200 What is the purpose of this subpart?
This subpart implements Regulation 19-1 of SOLAS Chapter V (SOLAS
V/19-1) and requires certain ships engaged on an international voyage
to transmit vessel identification and position information
electronically. This requirement enables the Coast Guard to obtain long
range identification and tracking (LRIT) information and thus heightens
our overall maritime domain awareness, enhances our search and rescue
operations, and increases our ability to detect anomalies and deter
transportation security incidents.
Sec. 169.205 What types of ships are required to transmit LRIT
information (position reports)?
The following ships, while engaged on an international voyage, are
required to transmit position reports:
(a) A passenger ship, including high speed passenger craft.
(b) A cargo ship, including high speed craft, of 300 gross tonnage
or more.
(c) A mobile offshore drilling unit while underway and not engaged
in drilling operations.
Sec. 169.210 Where during its international voyage must a ship
transmit position reports?
The requirements for the transmission of position reports, imposed
by the United States, vary depending on the relationship of the United
States to a ship identified in Sec. 169.205.
(a) Flag State relationship. A U.S. flag ship engaged on an
international voyage must transmit position reports wherever they are
located.
(b) Port State relationship. A foreign flag ship engaged on an
international voyage must transmit position reports after the ship has
announced its intention to enter a U.S. port or place under
requirements in 33 CFR part 160, subpart C.
(c) Coastal State relationship. A foreign flag ship engaged on an
international voyage must transmit position reports when the ship is
within 1,000 nautical miles of the baseline of the United States,
unless their Flag Administration, under authority of SOLAS V/19-1.9.1,
has directed them not to do so.
[[Page 56610]]
Sec. 169.215 How must a ship transmit position reports?
A ship must transmit position reports using Long Range
Identification and Tracking (LRIT) equipment that has been type-
approved by their Administration. To be type-approved by the Coast
Guard, LRIT equipment must meet the requirements of IMO Resolutions
A.694(17) and MSC.210(81), and IEC standard IEC 60945 (Incorporated by
reference, see Sec. 169.15).
Sec. 169.220 When must a ship be fitted with LRIT equipment?
A ship identified in Sec. 169.205 must be equipped with LRIT
equipment--
(a) Before getting underway, if the ship is constructed on or after
December 31, 2008.
(b) By the first survey of the radio installation after December
31, 2008, if the ship is--
(1) Constructed before December 31, 2008, and
(2) Operates within--
(i) One hundred (100) nautical miles of the United States baseline,
or
(ii) Range of an Inmarsat geostationary satellite, or other
Application Service Provider recognized by the Administration, with
which continuous alerting is available.
(c) By the first survey of the radio installation after July 1,
2009, if the ship is--
(1) Constructed before December 31, 2008, and
(2) Operates within the area or range specified in paragraph (b)(2)
of this section as well as outside the range of an Inmarsat
geostationary satellite with which continuous alerting is available.
While operating in the area or range specified in paragraph (b)(2) of
this section, however, a ship must install LRIT equipment by the first
survey of the radio installation after December 31, 2008.
Sec. 169.225 Which Application Service Providers may a ship use?
A ship may use an Application Service Provider (ASP) recognized by
its Administration. Some Communication Service Providers may also serve
as an ASP.
Sec. 169.230 How often must a ship transmit position reports?
A ship's LRIT equipment must transmit position reports at 6-hour
intervals unless a more frequent interval is requested remotely by an
LRIT Data Center.
Sec. 169.235 What exemptions are there from reporting?
A ship is exempt from this subpart if it is--
(a) Fitted with an operating automatic identification system (AIS),
under 33 CFR 164.46, and operates only within 20 nautical miles of the
United States baseline,
(b) A warship, naval auxiliaries or other ship owned or operated by
a SOLAS Contracting Government and used only on Government non-
commercial service, or
(c) A ship solely navigating the Great Lakes of North America and
their connecting and tributary waters as far east as the lower exit of
the St. Lambert Lock at Montreal in the Province of Quebec, Canada.
Sec. 169.240 When may LRIT equipment be switched off?
A ship engaged on an international voyage may switch off its LRIT
equipment only when it is permitted by its Flag Administration, or in
circumstances detailed in SOLAS V/19-1.7 (Incorporated by reference,
see Sec. 169.15).
Sec. 169.245 What must a ship master do if LRIT equipment is switched
off or fails to operate?
(a) If a ship's LRIT equipment is switched off or fails to operate,
the ship's master must inform his or her Flag Administration without
undue delay.
(b) The master must also make an entry in the ship's logbook that
states--
(1) His or her reason for switching the LRIT equipment off, or an
entry that the equipment has failed to operate, and
(2) The period during which the LRIT equipment was switched off or
non-operational.
Note to Sec. 169.245: For U.S. vessels, the U.S. Coast Guard's
Operations System Center (OSC) serves as the Flag Administration for
purposes of this section. The OSC is located in Kearneysville, WV,
and may be contacted by phone at 877-872-4797, or e-mail at
LRIT@uscg.mil.
Dated: September 28, 2007.
J.G. Lantz,
Acting Assistant Commandant for Prevention, U.S. Coast Guard.
[FR Doc. 07-4895 Filed 9-28-07; 3:29 pm]
BILLING CODE 4910-15-P