[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51732-51734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24529]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 164
[CGD 93-022]
RIN 2115-AE41
Automated Dependent Surveillance Shipborne Equipment:
Incorporation by Reference
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast amends the incorporation by reference provisions for
the Automated Dependent Surveillance (ADS) Shipborne Equipment. Due to
the development of new Differential Global Positioning System (DGPS)
standards, the existing standard incorporated by reference, Radio
Technical Commission for Maritime Services' (RTCM) Recommended
Standards for Differential NAVSTAR GPS Service, Version 2.0 contained
in 33 CFR 164.03, has been superseded by new standards contained in
Version 2.1. The Coast Guard is replacing Version 2.0 by incorporating
the new standards contained in Version 2.1.
Additionally, Digital Selective Calling (DSC) standards for use
with Vessel Traffic Services (VTS) and Maritime Mobile Services
recently developed by the International Telecommunication Union
Radiocommunication Bureau (ITU-R), are the new incorporation by
reference.
The new DGPS standards will ensure that ADS is compatible with the
Coast Guard national DGPS network. The standards will also provide
additional user safety information such as differential station health
indicators.
The new DSC standards will ensure that the Automated Dependent
Surveillance Shipborne Equipment (ADSSE), built by various
manufacturers, will provide the same message in an internationally
accepted format.
DATES: Effective Date: November 2, 1995.
Incorporation by reference: The Director of the Federal Register
approves as of November 2, 1995, the incorporation by reference of
certain publications listed in the regulations.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Irene Hoffman, Project Manager, Vessel Traffic Services Division. The
telephone number is 202-267-6277.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 20, 1995, the Coast Guard published a notice of proposed
rulemaking entitled Automated Dependent Surveillance Shipborne
Equipment: Incorporation by Reference in the Federal Register (60 FR
19699). The Coast Guard received no letters on the proposal. No public
meeting was requested, and none was held.
Background and Purpose
Section 5004 of the Oil Pollution Act of 1990, as codified in 33
U.S.C. 2734, directed the Coast Guard to acquire, install, and operate
additional equipment, as necessary, to provide surveillance of tank
vessels carrying oil from the Trans-Alaskan Pipeline through Prince
William Sound.
While endeavoring to meet the requirements of the Act, the Coast
Guard investigated various types of surveillance systems, including
radar and dependent surveillance systems. The Coast Guard determined an
ADS system that uses DGPS would meet the Coast Guard's requirements
without being cost prohibitive to the Government and the user. The
shipboard portion of the system, ADSSE, includes a 12 channel all-in-
view DGPS receiver, a marine radiobeacon band receiver capable of
receiving DGPS error correction messages, a VHF/FM transceiver using
DSC, and a control unit.
On July 17, 1992, the Coast Guard published a final rule, Prince
William Sound Automated Dependent Surveillance System, in the Federal
Register (57 FR 31660). This final rule amended the Prince William
Sound VTS regulations by incorporating the use of ADS using DGPS. The
regulation requires tank vessels of 20,000 DWT or more, transiting
Prince William Sound, to carry operating ADSSE.
Since the publication of this regulation, the Coast Guard has
determined that the use of ADS may expand beyond Prince William Sound.
In order to facilitate future expansion into other areas of the U.S.,
the final rule amending the National VTS Regulations (59 FR 36316),
divided the Prince William Sound Automated Dependent Surveillance
System rule into two sections: (a) a navigation equipment rule
(Sec. 164.43); and (b) a vessel operating rule for Prince William Sound
(Sec. 165.1704). VTS Reporting Exemptions for vessels equipped with an
operating ADSSE are set forth in Sec. 161.23(c). The ``Incorporation by
Reference'' section (Sec. 161.109) associated with this rule has been
redesignated as Sec. 164.03(b)(2).
Discussion of Changes
Due to the development of new DGPS standards, the existing standard
incorporated by reference, RTCM Recommended Standards for Differential
NAVSTAR GPS Service, Version 2.0 RTCM Paper 134-89/SC 104-68
incorporated in 33 CFR 164.03, has been superseded. Differential
NAVSTAR GPS Service, Version 2.0, will be replaced with the new
standards, RTCM Recommended Standards for Differential NAVSTAR GPS
Service, Version 2.1 RTCM Paper 194-93/SC 104-STD, which have been
developed with industry input and approved by RTCM.
Additionally, DSC standards for use with VTS and Maritime Mobile
Service, Optional Expansion of the DSC System for use in the Maritime
Mobile Service, ITU-R Recommendation M.821 and Characteristics of a
Transponder System using DSC Techniques for use with VTS and Ship-to-
Ship Identification, ITU-R Recommendation M.825, have been developed by
the ITU-R with industry input and will also be incorporated by
reference.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 164.03 for incorporation by reference under 5 U.S.C. 552 and 1 CFR
part 51. The material is available as indicated in that section.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. The upgrade
of DGPS receivers from Version 2.0 RTCM Paper 134-89/SC 104-68, to
Version 2.1 RTCM Paper 194-93/SC 104-STD requires only a firmware
upgrade. At least one manufacturer has indicated that this upgrade is
available at no cost
[[Page 51734]]
to the user. Additionally, recent indications are that the cost to
initially outfit tank vessel with DGPS equipment may be less than the
original estimate of $50,000 per vessel. A more reasonable estimate now
would be approximately $15,000 per vessel. The cost is expected to drop
further as dependent surveillance is implemented in other U.S. ports
and worldwide.
Small Entities
This regulation will only affect owners and operators of tank
vessels of 20,000 or more DWT operating in Prince William Sound and
carrying oil from the Trans-Alaska Pipeline. The construction and
operating costs of vessels of this size is such that their owners tend
to be major corporations or subsidiaries of major corporations.
Business entities with the capital and operating costs of this
magnitude do not meet the definition of ``small entitles''
Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation.
This rulemaking is intended to improve accuracy and reliability of
vessel tracking equipment. It may benefit the environment by reducing
the potential for catastrophic oil spills which may result from tank
vessels involved in groundings, rammings, or collisions. While this
rulemaking may have a positive effect on the environment by minimizing
the risk of environmental harm resulting from collisions and
groundings, the impact is not expected to be significant enough to
warrant further documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Incorporation by reference.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 164 as follows:
PART 164--NAVIGATION SAFETY REGULATIONS
1. The authority citation for part 164 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46.
Sec. 164.13 also issued under 46 U.S.C. 8502 sec. 4114(a), Pub.L.
101-380, 104 Stat. 517 (46 U.S.C. 3703 note). Sec. 164.61 also
issued under 46 U.S.C. 6101.
2. Section 164.03 paragraph (b) is revised to read as follows:
Sec. 164.03 Incorporated by reference.
(a) * * *
(b) The materials approved for incorporation by reference in
this part and the sections affected are:
International Maritime Organization (IMO) 4 Albert
Embankment, London, SE1 7SR, U.K.
Recommendation on Performance Standards for Automatic
Pilots, Resolution A.342(IX), adopted November 12,
1975.................................................. 164.13
Radio Technical Commission For Maritime Services (RTCM),
655 Fifteenth St., N.W., Suite 300, Washington, D.C. 20005
Minimum Performance Standards (MPS) Marine Loran C
Receiving Equipment, RTCM Paper 12-78/DO-100, 1977.... 164.41
RTCM, Recommended Standards for Differential NAVSTAR
GPS Service, Version 2.1, RTCM Paper 194-93/SC 104-
STD, 1994............................................. 164.43
International Telecommunication Union Radiocommunication
Bureau (ITU-R), Place de Nations CH-1211 Geneva 20
Switzerland
Optional Expansion of the Digital Selective-Calling
System for use in the Maritime Mobile Service ITU-R
Recommendation M.821, 1992............................ 164.43
Characteristics of a Transponder System using Digital
Selective-Calling Techniques for use with Vessel
Traffic Services and Ship-to-Ship Identification, ITU-
R Recommendation M.825, 1992.......................... 164.43
Dated: September 25, 1995.
J.A. Creech,
Captain, U.S. Coast Guard, Acting Chief, Office of Navigation Safety
and Waterway Services.
[FR Doc. 95-24529 Filed 10-2-95; 8:45 am]
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