[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19699-19701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9713]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 164
[CGD 93-022]
RIN 2115-AE41
Automated Dependent Surveillance Shipborne Equipment:
Incorporation by Reference
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the incorporation by
reference provisions or 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contained in 33 CFR 164.03, has been superseded by new standards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 proposes to replace 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 have
recently been developed by the International Telecommunication Union
Radiocommunication Bureau (ITU-R) and are also being proposed as a 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: Comments must be received on or before June 19, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 93-022), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to Room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
A copy of the material proposed for ``Incorporation by Reference''
is available for inspection at Room 1409, U.S. Coast Guard
Headquarters. It may also be obtained from the sources listed in the
proposed rule.
FOR FURTHER INFORMATION CONTACT: Irene Hoffman, Project Manager, Vessel
Traffic Services Division. The telephone number is 202-267-6277.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 93-022) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include reasons why a hearing would
be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Irene
Hoffman, Project Manager, Vessel Traffic Services Division and Nicholas
Grasselli, Project Counsel, Office of Chief Counsel.
Background and Purpose
Section 5004 of the Oil Pollution Act of 1990, as codified in 33
U.S.C. 2374, directed the Coast Guard to acquire, install, and operate
additional equipment, as necessary, to provide surveillance of tank
vessels carrying oil [[Page 19700]] 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 Proposed Rules
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 821 and Characteristics of a
Transponder System using DSC Techniques for use with VTS and Ship-to-
Ship Identification, ITU-R Recommendation 825, have been developed by
the ITU-R with industry input and will also be incorporated by
reference.
Incorporation by Reference
The proposed material would be incorporated by reference in
Sec. 164.03. Copies of the material are available for inspection where
indicated under ADDRESSES. Copies of the material are also available
from the sources listed in Sec. 164.03.
Before publishing a final rule, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
Regulatory Evaluation
This proposal 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 proposal 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 to the user. Additionally, recent indications are
that the cost to initially outfit tank vessels 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
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include: (1) Small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields; and (2) governmental jurisdictions
with populations of less than 50,000. 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
entities.''
Because it expects the impact of this proposal to be minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This proposal 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 proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2 of Commandant
Instruction M16475.1B, this proposal 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. [[Page 19701]]
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 proposes
to amend 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 Incorporation by Reference
* * * * *
(b) The materials approved for incorporation by reference in this
part and the sections affected are:
International Maritime Organization (IMO)
4 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
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 825, 1992.................................... 164.43
Dated: March 30, 1995.
G.A. Penington,
Rear Admiral, U.S. Coast Guard Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 95-9713 Filed 4-19-95; 8:45 am]
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