99-13781. Mandatory Ship Reporting Systems  

  • [Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
    [Rules and Regulations]
    [Pages 29229-29235]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-13781]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 169
    
    [USCG-1999-5525]
    RIN 2115-AF82
    
    
    Mandatory Ship Reporting Systems
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Interim rule with request for comments.
    
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    SUMMARY: The Coast Guard is implementing two mandatory ship reporting 
    systems in an effort to reduce the threat of ship strikes to endangered 
    northern right whales (also known as the North Atlantic right whale). 
    Based on a proposal by the United States, the International Maritime 
    Organization adopted a resolution to establish these systems. The 
    mandatory ship reporting systems are designed to inform mariners of the 
    presence of whales in certain areas, so that mariners travelling in 
    those areas can take actions to avoid collisions with the whales.
    
    DATES: This interim rule is effective July 1, 1999. Comments and 
    related material must reach the Docket Management
    
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    Facility on or before July 1, 1999. Comments sent to the Office of 
    Management and Budget (OMB) on collection of information must reach OMB 
    on or before July 1, 1999.
    
    ADDRESSES: Please submit your comments and related material by one of 
    the following methods to assist us in maintaining the integrity of the 
    public docket:
        (1) By mail to the Docket Management Facility (USCG-1999-5525), 
    U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
    Washington, DC 20590-0001.
        (2) By hand delivery to room PL-401 on the Plaza level of the 
    Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
    and 5 p.m., Monday through Friday, except Federal holidays. The 
    telephone number is 202-366-9329.
        (3) By fax to Docket Management Facility at 202-493-2251.
        (4) Electronically through the Web Site for the Docket Management 
    System at http://dms.dot.gov.
        You must also mail comments on collection of information 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.
        The Docket Management Facility maintains the public docket for this 
    rulemaking. Comments and material received from the public, as well as 
    documents indicated in this preamble as being available in the docket, 
    will become part of this docket and will be available for inspection or 
    copying at room PL-401 on the Plaza level of the Nassif Building at the 
    same address between 9 a.m. and 5 p.m., Monday through Friday, except 
    Federal holidays. You may also find this docket on the Internet at 
    http://dms.dot.gov.
    
    FOR FURTHER INFORMATION CONTACT: For questions on this rule, call Mr. 
    Edward LaRue, Office of Waterway Services (G-MWV), Coast Guard, 
    telephone 202-267-0416. For questions on viewing or submitting material 
    to the docket, call Dorothy Walker, Chief, Dockets, Department of 
    Transportation, telephone 202-366-9329.
    
    SUPPLEMENTARY INFORMATION:
    
    Request for Comments
    
        The Coast Guard encourages you to participate in this rulemaking by 
    submitting comments and related material. If you do so, please include 
    your name and address, identify the docket number for this rulemaking 
    (USCG-1999-5525), 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 mail, hand delivery, fax, or 
    electronic means to the Docket Management Facility at the address under 
    ADDRESSES; but please submit your comments and material by only one 
    method so that duplicative filings of an individual comment will not be 
    recorded in the public docket. If you submit them by mail or hand 
    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 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.
    
    Public Meeting
    
        We do not plan to hold a public meeting. You may request one by 
    submitting a request 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.
    
    Regulatory Information
    
        This rule is being published as an interim rule and is being made 
    effective on July 1, 1999. This rule is not preceded by a notice of 
    proposed rulemaking. The northern right whale is an extremely 
    endangered species, under threat of extinction, and currently less than 
    300 of the whales exists. The U.S. and the international community are 
    committed to the protection of this valuable resource. As discussed in 
    the background section of this preamble, attention has focused on 
    protecting the critical feeding and calving areas for these whales. The 
    Coast Guard is committed to meet the International Maritime 
    Organization (IMO) July 1, 1999 effective date for establishing 
    mandatory reporting systems to protect critical habitat areas of the 
    northern right whale. The IMO only took action on the issue in December 
    1998. The reporting system set out in this interim rule requires 
    operators of affected vessels to report certain information on location 
    and route. In return, mariners will receive information on whale 
    location and avoidance. The interim rule does not mandate any specific 
    navigation practices. It has taken a cooperative effort over the last 
    five months (between the Coast Guard and the National Oceanic and 
    Atmospheric Administration) to design the simple and effective 
    notification system provided in this interim rule. For these reasons, 
    the Coast Guard finds good cause, under 5 U.S.C. 553(b)(B), that 
    notice, and public procedure on the notice, before the effective date 
    of this rule is impracticable and contrary to the public interest in 
    protecting these whales. We still encourage public comments on this 
    interim rule, and we may amend the rule as necessary to respond to 
    comments received during the comment period.
    
    Background and Purpose
    
        In response to the endangered status of northern right whales (also 
    known as the North Atlantic right whale), the United States and the IMO 
    have taken steps to identify and implement measures to reduce the 
    likelihood of collisions between ships and whales. These steps have 
    addressed the problem on three fronts: mariner awareness, 
    identification of whale movements, and efforts to promote recovery of 
    the whale species.
        In spite of these efforts, ship collisions with endangered right 
    whales continue to occur. Mandatory ship reporting systems have the 
    potential to protect these endangered whales through direct 
    communication with ships and their operators in high risk areas of 
    information to potentially reduce collisions.
        Two systems are necessary because right whales frequent two 
    distinct areas of the Atlantic coast of the United States. The 
    northeastern reporting system is located mainly off the coast of 
    Massachusetts and comprises the right whale's main feeding grounds. The 
    southeastern reporting system is located off the coasts of Florida and 
    Georgia and makes up the only known calving grounds for the right 
    whale.
        Right whales aggregate to feed and calve in five seasonal habitats 
    along the eastern seaboard from Florida to Nova Scotia: (a) off the 
    southeastern United States; (b) in the Great South Channel, 
    Massachusetts; (c) in Massachusetts and Cape Cod Bays, Massachusetts; 
    (d) in the lower Bay of Fundy, Canada; and (e) over the southern Nova 
    Scotian shelf, Canada (notably those areas referred to as Browns Bank 
    and Roseway Basin). Portions of these areas have been designated 
    ``critical habitats'' for northern right whales or as a national marine 
    sanctuary under U.S. domestic law and as conservation areas under 
    Canadian law. Right whale sightings also occur outside these areas as 
    the whales migrate between the southeastern and northeastern United 
    States; however, there is not enough information about the migratory
    
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    corridor to establish a reporting system for these areas.
        This rulemaking will create a new part 169 in Title 33 Code of 
    Federal Regulations (CFR) entitled ``Ship Reporting Systems.'' Subpart 
    A will establish general requirements for all ship reporting systems. 
    Subpart B will establish specific requirements for two mandatory ship 
    reporting systems. The statutory authority for this project is 33 
    U.S.C. 1230(d), which is an amendment to Section 11 of the Ports and 
    Waterways Safety Act (PWSA)(33 U.S.C. 1230(d)). Violators will be 
    subject to the penalties authorized under the PWSA.
        There is no statutory deadline for these mandatory ship reporting 
    systems to be in place. However, when the systems were adopted by the 
    International Maritime Organization (IMO), Maritime Safety Committee 
    (MSC) at its 70th session December 7, 1998 (Resolution MSC.85(70)), it 
    was agreed these systems would come into force no sooner than 6 months 
    after adoption. The effective date agreed by IMO is July 1, 1999, and 
    it was expected that the United States' actions to put a reporting 
    program in place would be completed by that date.
        The legal definitions of the boundaries for the two mandatory ship 
    reporting systems are located in Secs. 169.105 and 169.115.
    
    Physical Characteristics, Behavior and Habitat
    
        Description of the northern right whale. Northern right whales 
    reach lengths of 45 to 55 feet (13.72 m to 16.76 m) and are black in 
    color. The best field identification marks are a broad back with no 
    dorsal fin, irregular bumpy white patches (callosities) on the head, 
    and a distinctive two-column, V-shaped blow. They have paddle-like 
    flippers nearly as wide as they are long, and a broad, deeply notched 
    tail. Right whales are slow moving, with occasional speeds of up to 5 
    to 6 knots. They are often difficult to spot in rough water and at 
    night due to their low profile and dark coloration.
        Behavior. Right whale behavior undoubtedly plays a role in their 
    vulnerability to ship collisions. For example, whales may appear in 
    surface-active groups, groups of four to five whales engaging in 
    frequent physical contact. Right whales also engage in skim feeding, in 
    which they gather plankton by swimming slowly at the surface with their 
    mouth open. During both feeding and surface active situations, whales 
    are focused on the activity and appear to be unaware of approaching 
    ships. Right whales also spend long periods resting at the surface, a 
    behavior called ``logging.'' Mothers nursing young are frequently 
    observed logging. Additionally, calves have limited diving capacities 
    and spend most of their time at the surface.
        Northeastern United States Habitats. Right whales occur seasonally 
    in Massachusetts and Cape Cod Bays (peak season: January through 
    April), the Great South Channel (peak season: April through June), and 
    Jeffreys Ledge (peak season: July through mid-December). The first two 
    areas are federally designated critical habitats for right whales. 
    Stellwagen Bank (in Massachusetts Bay) and Jeffreys Ledge are located 
    in the federally designated Gerry E. Studds Stellwagen Bank National 
    Marine Sanctuary.
        In late winter-early spring, right whales arrive in Cape Cod Bay. 
    Springtime hydrographic conditions in Cape Cod Bay concentrate copepods 
    and other zooplankton in dense patches on which the whales feed. The 
    majority of right whales leave Cape Cod Bay by mid-May; however, whales 
    remain throughout the summer in some years.
        In late spring and early summer, right whales in the Great South 
    Channel east of Cape Cod are found in the greatest numbers. 
    Hydrographic changes and circulation patterns result in springtime 
    blooms of zooplankton and copepods. Right whales feed both at the 
    surface and at depths depending on where copepods are concentrated. In 
    many years, right whales usually congregate in the highest density 
    concentrations of the copepod on either the eastern or western side of 
    the Great South Channel.
        Right whales generally migrate from the Great South Channel region 
    in June when copepod levels decrease and water temperatures increase. 
    Many of the whales move north to the Bay of Fundy arriving in mid-June. 
    The remainder are likely scattered throughout the Gulf of Maine or move 
    onto the eastern side of the Nova Scotian shelf. By mid-summer, most of 
    the whales are in feeding areas in the lower Bay of Fundy and on the 
    Nova Scotian Shelf. These areas are used in early winter when the 
    whales begin to migrate to winter habitats along the eastern coast, 
    including the southern calving grounds.
        Southeastern United States Habitats. The coastal waters of the 
    southeastern United States, especially the shallow waters between 
    Savannah, Georgia, and Cape Canaveral, Florida, are right whale calving 
    grounds in the winter. Peak abundance and calving in this region occurs 
    from December through March, but the winter calving season can begin as 
    early as September and end as late as mid-April. Mothers and newborn 
    calves tend to stay in the southeast region until spring when they 
    migrate northward.
    
    Hydrographic and Meteorological Elements
    
        Northeastern United States. The hydrographic and meteorological 
    elements existing in the area create conditions favorable to production 
    of right whale food sources and therefore contribute to their presence 
    in the area. These elements can also adversely affect the ability of 
    mariners to detect whales.
        The mandatory ship reporting system covers an area of high ship 
    traffic density and variable weather. The northern part of the 
    northeastern reporting system encompasses the approaches to Boston 
    Harbor (the largest seaport in New England), Massachusetts Bay, and 
    Cape Cod Bay. The area is extensively marked with aids to navigation, 
    and Loran C and differential Global Positioning System provide 
    excellent coverage. The weather in the area is changeable, with 
    frequent thick fog and strong and variable tides.
        The southern part of the northeastern ship reporting system is 
    located approximately 30 miles (55.58 km) southeast of Nantucket 
    Island, Massachusetts, just east of the Nantucket Shoals Area to Be 
    Avoided, and encompasses the western half of the Great South Channel, 
    part of the Traffic Separation Scheme (TSS) in the approach to Boston, 
    Massachusetts (Boston TSS), north to Race Point, Cape Cod, 
    Massachusetts. The Great South Channel is bounded to the west by Cape 
    Cod and the Nantucket shoals and to the east by the Georges Bank 
    fishing grounds. Loran C and differential Global Positioning System 
    provide excellent coverage. The Boston TSS is marked by buoys every 15 
    nautical miles (27.8 km). Fishing is heavy to the east of the TSS. 
    Radar navigation is poor due to the low topography and distances from 
    land. There are few calm days. During certain seasons, and in 
    particular during peak whale season, the weather is usually foggy. 
    Moreover, fog usually accompanies a calm sea state, while clear 
    visibility often brings rough seas. Haze in the area also causes 
    problems with visibility. Heavy storms and rain are common.
        Southeastern United States. The hydrological and meteorological 
    elements in the coastal waters off Georgia and northeastern Florida 
    provide favorable conditions for right whales to calve. This area is 
    their only known calving grounds. The Georgia coastline, between the 
    Savannah River on the north and St. Mary's River on the south, is 
    partly submerged at flood tide,
    
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    and is broken by tidal rivers and marshes covered with dense grass. 
    Beaches are sandy and flat. The coastline of Florida is a long, low-
    profile barrier beach. Aids to navigation mark all critical dangers. 
    Loran C and differential Global Positioning System provide excellent 
    coverage. Radar navigation is difficult due to the low topography. The 
    water is generally clear. Severe storms including hurricanes are 
    common. Visibility is generally excellent, with light winds and 
    attendant low sea state. In winter, early morning coastal fog is 
    common, limiting visibility until the fog lifts with the rising sun. 
    Winter storms are common and move quickly through the region.
    
    Characteristics of Ship Traffic
    
        Northeastern United States. There is quite a variety and volume of 
    ship traffic operating in the northeastern mandatory ship reporting 
    area. Fishing vessels, recreational vessels, and commercial traffic all 
    frequent the area. Major shipping lanes exist in this area such as the 
    Boston TSS, the Great South Channel, and the traffic lanes to transit 
    north to the Bay of Fundy, Canada.
        Southeastern United States. The ship traffic in the southeastern 
    reporting system includes fishing vessels, military vessels, and 
    commercial traffic. Customary shipping lanes cross the area and include 
    those that enter several area ports.
    
    Discussion of Interim Rule
    
        This interim rule establishes a new part 169 entitled ``Ship 
    Reporting Systems.'' Subpart A establishes general requirements for all 
    ship reporting systems. Subpart B establishes specific requirements for 
    two mandatory ship reporting systems. These two mandatory reporting 
    systems are identified as WHALESNORTH and WHALESSOUTH.
        The reporting systems are off the eastern coast of the United 
    States and cover the two main population centers for northern right 
    whales. The coordinates chosen for the systems were derived through 
    feedback from aerial surveys conducted in the areas. It was determined 
    that the southeastern reporting system, WHALESSOUTH, need only operate 
    during calving season as this is the only period when whales are found 
    in the area. The northeastern reporting system, WHALESNORTH, is to 
    operate year-round.
        Ships are to report general information that includes ship's 
    identification, time of report, course, speed, destination, estimated 
    time of arrival, and intended track. Sensitive, commercial information 
    contained in these reports will be kept confidential.
        Ships that report to the shore-based authority will receive a 
    return message acknowledging their entry into the system. The return 
    message will advise ship operators on watch of appropriate action that 
    they can take to reduce the risk of collision with the right whales. 
    The information conveyed would include warnings of the risk of hitting 
    right whales, where to obtain seasonal right whale advisories, and 
    where to consult for information about precautionary measures that 
    mariners may take to reduce the risk of hitting right whales.
    
    Regulatory Evaluation
    
        This interim 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).
        We expect the economic impact of this interim rule to be so minimal 
    that a full Regulatory Evaluation under paragraph 10e of the regulatory 
    policies and procedures of DOT is unnecessary.
    
    Benefits
    
        Generally, mandatory ship reporting systems would enhance mariners' 
    awareness of the presence of northern right whales and provide them 
    with pertinent information to avoid collisions. The increase of 
    awareness may reduce the risk of ship strikes on the endangered 
    northern right whale.
    
    Private Industry Costs
    
        The mariner's burden of reporting by radio is minimal. The 
    reporting requirement uses the mariner's existing equipment and won't 
    add to the expenses of the owner/operator. The average communications 
    process (transmission/reception) is 5 minutes. It is only necessary to 
    report when first entering the area. The cost of the issuing advisory 
    information will be borne by the Coast Guard and the National Marine 
    Fisheries Service (NMFS). Minimal ship maneuvers are expected in the 
    avoidance of whales.
    
    Government Costs
    
        The Coast Guard and NMFS estimated the cost of this program to be 
    approximately $208,000 for Fiscal Year 1999 and $176,000 annually for 
    future years. The burden of this regulation will be split equally 
    between the Coast Guard and NMFS. Therefore, it is estimated that the 
    cost to the Coast Guard would be $104,000 for the first year and 
    $88,000 annually thereafter. Coast Guard personnel will not be 
    utilized; a private contractor will be hired to operate and maintain 
    facilities.
        The Coast Guard would bear the burden associated with relaying non-
    INMARSAT-C reports through Coast Guard radio stations. Ships not 
    equipped with INMARSAT-C would be required to report in standard format 
    to the shore-based authority, either through narrow band direct 
    printing (SITOR) or HF, MF, or VHF-voice communication systems.
        This will add to the workload of staff currently assigned to the 
    Coast Guard unit, but will not create an additional billet. Therefore, 
    there is no additional expense.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
    considered whether this proposed 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. This rule does not require a general notice of proposed 
    rulemaking and, therefore, is exempt from the requirements of the 
    Regulatory Flexibility Act. Although this rule is exempt, the Coast 
    Guard has reviewed it for potential economic impact on small entities.
        The nature of the reports that are made is not such that a 
    significant burden will be imposed on anyone. Reports will be accepted 
    in many different forms to allow for the flexibility that many small 
    entities require. It is anticipated very few small entities operate 
    ships of 300 gross tons or greater. The Coast Guard has attempted to 
    make compliance with this requirement as simple as possible.
        Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
    this rule would not have a significant economic impact on a substantial 
    number of small entities. If you think that your business, 
    organization, or governmental jurisdiction qualifies as a small entity 
    and that this rule would have a significant economic impact on it, 
    please submit a comment to the Docket Management Facility at the 
    address under ADDRESSES. In your comment, explain why you think it 
    qualifies and how and to what degree this rule would economically 
    affect it.
    
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    Assistance for Small Entities
    
        Under section 213(a) of the Small Business Regulatory Enforcement 
    Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
    entities in understanding this proposed rule so that they can better 
    evaluate its effects on them and participate in the rulemaking. If the 
    rule would affect your small business, organization, or governmental 
    jurisdiction and you have questions concerning its provisions or 
    options for compliance, please consult Mr. Edward LaRue at the phone 
    number listed under FOR FURTHER INFORMATION CONTACT.
    
    Collection of Information
    
        This rule provides 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. The estimate covers the time for 
    reviewing instructions, searching existing sources of data, gathering 
    and maintaining the data needed, and completing and reviewing the 
    collection.
        Title: Mandatory Ship Reporting System for the Northeastern and the 
    Southeastern coasts of the United States.
        Summary of the Collection of Information: The collection involves 
    ships reporting by radio to a shore-based authority when entering the 
    area covered by the reporting system. The ships will receive, in 
    return, an advisory on protection of whales and sources of additional 
    information.
        Need for Information: The northern right whale is an endangered 
    species. Mortality rates attributed to ship strikes account for up to 
    50 percent of recorded fatalities. The purpose of establishing 
    mandatory ship reporting systems is to reduce the likelihood of 
    collisions between ships and northern right whales in the areas 
    established with critical habitat designation.
        Proposed Use of Information: Reports will be used to record ship 
    traffic in the reporting systems and provide information to minimize 
    interaction with northern right whales.
        Description of the Respondents: All ships of 300 gross tons or 
    greater that transit the reporting systems are required to participate 
    in the reporting systems, except government vessels exempted from 
    reporting by regulation V/8-1(c) of the International Convention for 
    the Safety of Life at Sea, 1974, as amended (SOLAS).
        Number of Respondents: We estimate that this information collection 
    would affect approximately 367 respondents annually.
        Frequency of Response: The frequency of response is on occasion. 
    Owners or operators are required to respond only when entering a 
    mandatory reporting area.
        Burden of Response: The burden of response is $8,448 per year.
        Number of transmissions: 4,400
        Hour burden per transmission: .08 hours
        Salary rate for affected personnel*: $24 per hour
    
    4,400 transmissions per year  x  .08 hours per transmission  x  $24 per 
    hour = $8,448 per year.
    
        * Salary rate as per COMDTINST 7310.1E Hourly Standard Rates for 
    Personnel.
    
        Estimated Total Annual Burden: The reporting burden is 352 hours to 
    industry. Annual cost to the government for Fiscal year 1999 is 
    $208,000 and $176,000 annually for future years.
        As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
    3507(d)), we have submitted a copy of this rule to the Office of 
    Management and Budget (OMB) for its review of the collection of 
    information.
        We ask for public comment on the 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.
        On May 26, 1999, the Coast Guard received an emergency approval 
    number from OMB on the information collection requirements. The OMB 
    approval number is 2115-0640. Emergency OMB approval is effective for 
    six months. The Coast Guard will submit the requirements to OMB for 
    three-year approval.
    
    Federalism
    
        We have analyzed this interim rule under E.O. 12612 and have 
    determined that this rule does not have sufficient implications for 
    federalism to warrant the preparation of a Federalism Assessment.
    
    Unfunded Mandates
    
        The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and 
    E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093; 
    October 28, 1993) govern the issuance of Federal regulations that 
    require unfunded mandates. An unfunded mandate is a regulation that 
    requires a State, local, or tribal government or the private sector to 
    incur direct costs without the Federal Government's having first 
    provided the funds to pay those costs. This interim rule would not 
    impose an unfunded mandate.
    
    Taking of Private Property
    
        This interim rule would not effect a taking of private property or 
    otherwise have taking implications under E.O. 12630, Governmental 
    Actions and Interference with Constitutionally Protected Property 
    Rights.
    
    Civil Justice Reform
    
        This interim rule meets applicable standards in sections 3(a) and 
    3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
    eliminate ambiguity, and reduce burden.
    
    Protection of Children
    
        We have analyzed this interim rule under E.O. 13045, Protection of 
    Children from Environmental Health Risks and Safety Risks. This rule is 
    not an economically significant rule and does not concern an 
    environmental risk to health or risk to safety that may 
    disproportionately affect children.
    
    Environment
    
        We considered the environmental impact of this interim rule and 
    concluded that under figure 2-1, paragraph (34)(d) and (e), of 
    Commandant Instruction M16475.lC, this rule is categorically excluded 
    from further environmental documentation. A ``Categorical Exclusion 
    Determination'' is available in the docket where indicated under 
    ADDRESSES.
    
    List of Subjects in 33 CFR Part 169
    
        Endangered and threatened species, Environmental protection, 
    Mandatory ship reporting, Marine mammals, Marine safety, Navigation 
    (water), Reporting and recordkeeping requirements, Telecommunications, 
    Vessels.
    
        For the reasons discussed in the preamble, the Coast Guard amends 
    33 CFR chapter I by adding a new part 169 to subchapter P to read as 
    follows:
    
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    PART 169--SHIP REPORTING SYSTEMS
    
    Subpart A--General
    
    Sec.
    169.1  What is the purpose of this subpart?
    169.5  What terms are defined?
    169.10  What geographic coordinates are used?
    
    Subpart B--Establishment of two mandatory ship reporting systems for 
    the protection of northern right whales
    
    169.100  What mandatory ship reporting systems are established by 
    this subpart?
    169.102  Who is the shore-based authority?
    169.105  Where is the northeastern reporting system located?
    169.110  When is the northeastern reporting system in effect?
    169.115  Where is the southeastern reporting system located?
    169.120  When is the southeastern reporting system in effect?
    169.125  What classes of ships are required to make reports?
    169.130  When are ships required to make reports?
    169.135  How must the reports be made?
    169.140  What information must be included in the report?
    
        Authority: Section 313, Pub. L. 105-383, 112 Stat. 3411, 3424, 
    33 U.S.C. 1230(d).
    
    Subpart A--General
    
    
    Sec. 169.1  What is the purpose of this subpart?
    
        This subpart prescribes the requirements for mandatory ship 
    reporting systems. Ship reporting systems are used to provide, gather, 
    or exchange information through radio reports. The information is used 
    to provide data for many purposes including, but not limited to: 
    navigation safety, environmental protection, vessel traffic services, 
    search and rescue, weather forecasting and prevention of marine 
    pollution.
    
    
    Sec. 169.5  What terms are defined?
    
        (a) Mandatory ship reporting system means a ship reporting system 
    that requires the participation of specified vessels or classes of 
    vessels, and that is established by a Government or Governments after 
    adoption of a proposed system by the International Maritime 
    Organization (IMO) as complying with all requirements of regulation V/
    8-1 of the International Convention for the Safety of Life at Sea, 
    1974, as amended (SOLAS), except paragraph (e) thereof.
        (b) Shore-based authority means the government appointed office or 
    offices that will receive the reports made by ships entering each of 
    the mandatory ship reporting systems. The office or offices will be 
    responsible for the management and coordination of the system, 
    interaction with participating ships, and the safe and effective 
    operation of the system. Such an authority may or may not be an 
    authority in charge of a vessel traffic service.
    
    
    Sec. 169.10  What geographic coordinates are used?
    
        Geographic coordinates expressed in terms of latitude or longitude, 
    or both, are not intended for plotting on maps or charts where the 
    referenced horizontal datum is the North American Datum of 1983 (NAD 
    83), unless such geographic coordinates are expressly labeled NAD 83. 
    Geographic coordinates without the NAD 83 reference may be plotted on 
    maps or charts referenced to NAD 83 only after application of the 
    appropriate corrections that are published on the particular map or 
    chart being used.
    
    Subpart B--Establishment of Two Mandatory Ship Reporting Systems 
    for the Protection of Northern Right Whales
    
    
    Sec. 169.100  What mandatory ship reporting systems are established by 
    this subpart?
    
        This subpart prescribes requirements for the establishment and 
    maintenance of two mandatory ship reporting systems for the protection 
    of the endangered northern right whale (also known as the North 
    Atlantic right whale). These two systems are designated for certain 
    areas of the East Coast of the United States. One system is located in 
    the northeast and is identified as WHALESNORTH. The other system is 
    located in the southeast and is identified as WHALESSOUTH.
    
        Note: 50 CFR 222.32 contains requirements and procedures 
    concerning northern right whale approach limitations and avoidance 
    procedures.
    
    
    Sec. 169.102  Who is the shore-based authority?
    
        The U.S. Coast Guard is the shore-based authority for these 
    mandatory ship reporting systems.
    
    
    Sec. 169.105  Where is the northeastern reporting system located?
    
        Geographical boundaries of the northeastern area include the waters 
    of Cape Cod Bay, Massachusetts Bay, and the Great South Channel east 
    and southeast of Massachusetts. The coordinates (NAD 83) of the area 
    are as follows: from a point on Cape Ann, Massachusetts at 42 deg.39'N, 
    70 deg.37'W; then northeast to 42 deg.45'N, 70 deg.13'W; then southeast 
    to 42 deg.10'N, 68 deg.31'W; then south to 41 deg.00'N, 68 deg.31'W; 
    then west to 41 deg.00'N, 69 deg.17'W; then northeast to 42 deg.05'N, 
    70 deg.02'W, then west to 42 deg.04'N, 70 deg.10'W; and then along the 
    Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to 
    the point on Cape Anne at 42 deg.39'N, 70 deg.37'W.
    
    
    Sec. 169.110  When is the northeastern reporting system in effect?
    
        The mandatory ship reporting system in the northeastern United 
    States operates year-round.
    
    
    Sec. 169.115  Where is the southeastern reporting system located?
    
        Geographical boundaries of the southeastern area include coastal 
    waters within about 25 nautical miles (45 kilometer) along a 90-
    nautical mile (170-kilometer) stretch of the Atlantic seaboard in 
    Florida and Georgia. The area coordinates (NAD 83) extends from the 
    shoreline east to longitude 80 deg.51.6'W with the southern and 
    northern boundaries at latitude 30 deg.00'N and 31 deg.27'N, 
    respectively.
    
    
    Sec. 169.120  When is the southeastern reporting system in effect?
    
        The mandatory ship reporting system in the southeastern United 
    States operates during the period beginning on 15 November and ends on 
    16 April of each year.
    
    
    Sec. 169.125  What classes of ships are required to make reports?
    
        Each ship of 300 gross tons or greater must participate in the 
    reporting systems, except government ships exempted from reporting by 
    regulation V/8-1(c) of SOLAS. However, exempt ships are encouraged to 
    participate in the reporting systems.
    
    
    Sec. 169.130  When are ships required to make reports?
    
        Participating ships must report to the shore-based authority upon 
    entering the area covered by a reporting system. Additional reports are 
    not necessary for movements made within a system or for ships exiting a 
    system.
    
    
    Sec. 169.135  How must the reports be made?
    
        (a) A ship equipped with INMARSAT C must report in IMO standard 
    format as provided in Table 169.140 in Sec. 169.140.
        (b) A ship not equipped with INMARSAT C must report to the Coast 
    Guard using other means, listed below in order of precedence--
        (1) Narrow band direct printing (SITOR),
        (2) HF voice communication, or
        (3) MF or VHF voice communications.
        (c) SITOR or HF reports made directly to the Coast Guard's 
    Communications Area Master Station Atlantic (CAMSLANT) in Chesapeake, 
    VA, or MF or VHF reports made to Coast Guard
    
    [[Page 29235]]
    
    activities or groups, should only be made by ships not equipped with 
    INMARSAT C. Ships in this category must provide all the required 
    information to the Coast Guard watchstander.
    
    
    Sec. 169.140  What information must be included in the report?
    
        Each ship report made to the shore-based authority must follow the 
    standard reporting and format requirements listed in table 169.140.
    
    BILLING CODE 4910-15-P
    [GRAPHIC] [TIFF OMITTED] TR01JN99.024
    
    
        Dated: May 26, 1999.
    T.H. Gilmour,
    Captain, U.S. Coast Guard, Acting Assistant Commandant for Marine 
    Safety and Environmental Protection.
    [FR Doc. 99-13781 Filed 5-27-99; 1:33 pm]
    BILLING CODE 4910-15-C
    
    
    

Document Information

Effective Date:
7/1/1999
Published:
06/01/1999
Department:
Coast Guard
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
99-13781
Dates:
This interim rule is effective July 1, 1999. Comments and related material must reach the Docket Management Facility on or before July 1, 1999. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before July 1, 1999.
Pages:
29229-29235 (7 pages)
Docket Numbers:
USCG-1999-5525
RINs:
2115-AF82: Mandatory Ship Reporting System off the Northeast and the Southeast Coasts of the United States (USCG-1999-5525)
RIN Links:
https://www.federalregister.gov/regulations/2115-AF82/mandatory-ship-reporting-system-off-the-northeast-and-the-southeast-coasts-of-the-united-states-uscg
PDF File:
99-13781.pdf
CFR: (24)
33 CFR 169.1
33 CFR 169.5
33 CFR 169.10
33 CFR 169.10
33 CFR 169.100
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