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29 April 2008

    [Federal Register: April 29, 2008 (Volume 73, Number 83)]
    [Rules and Regulations]
    [Page 23309-23320]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr29ap08-16]

    [[Page 23309]]

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    Part II

    Department of Homeland Security

    -----------------------------------------------------------------------

    Coast Guard

    -----------------------------------------------------------------------

    33 CFR Part 169

    Long Range Identification and Tracking of Ships; Final Rule

    [[Page 23310]]

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    DEPARTMENT OF HOMELAND SECURITY

    Coast Guard

    33 CFR Part 169

    [Docket No. USCG-2005-22612]
    RIN 1625-AB00

    Long Range Identification and Tracking of Ships

    AGENCY: Coast Guard, DHS.

    ACTION: Final rule.

    -----------------------------------------------------------------------

    SUMMARY: This rule requires, consistent with international law, certain
    ships to report identifying and position data electronically. This rule
    implements an amendment to chapter V of the International Convention
    for the Safety of Life at Sea (SOLAS), regulation 19-1, and enables 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 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: This final rule is effective May 29, 2008. The incorporation by
    reference of certain publications listed in the rule is approved by the
    Director of the Federal Register on May 29, 2008.

    ADDRESSES: Comments and material received from the public, as well as
    documents mentioned in this preamble as being available in the docket,
    are part of docket USCG-2005-22612 and are available for inspection or
    copying at the 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, 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://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Ms. Renee V. Wright, Program
    Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    Table of Contents for Preamble

    I. Acronyms
    II. Regulatory History
    III. Background and Purpose
        A. LRIT History--International and Domestic
        B. Description of the LRIT System
        C. Discussion of Rule
    IV. Discussion of Comments and Changes From Proposed Rule
        A. Ship Requirements
        B. LRIT System
        C. Coast Guard Resources and Enforcement
        D. Summary of Changes From Proposed Rule
    V. Incorporation by Reference
    VI. Regulatory Evaluation
        A. Executive Order 12866
        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. Acronyms

    AIS Automatic Identification System
    ASP Application Service Provider
    COTP Captain of the Port
    CSP Communications Service Provider
    DHS Department of Homeland Security
    DOT Department of Transportation
    DSC Digital Selective Calling
    EEZ Exclusive Economic Zone
    GMDSS Global Maritime Distress and Safety System
    HF High Frequency
    ICC Intelligence Coordination Center
    IDC International Data Center
    IDE International Data Exchange
    IMO International Maritime Organization
    ITU International Telecommunication Union
    LRIT Long Range Identification and Tracking
    MDA Maritime Domain Awareness
    MF Medium Frequency
    MISLE Marine Information for Safety and Law Enforcement
    MODU Mobile Offshore Drilling Unit
    MSC Maritime Safety Committee
    NEPA National Environmental Policy Act of 1969
    NOA Notice of Arrival
    NM Nautical Mile
    NPRM Notice of Proposed Rulemaking
    NTTAA National Technology Transfer and Advancement Act
    NVMC National Vessel Movement Center
    OCS Outer Continental Shelf
    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
    VTS Vessel Traffic Service

    II. Regulatory History

        On October 3, 2007, we published a notice of proposed rulemaking
    (NPRM) entitled Long Range Identification and Tracking of Ships in the
    Federal Register (72 FR 56600). We received seven letters commenting on
    the proposed rule. No public meeting was requested and none was held.

    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 our NPRM published October 3, 2007, we described previous
    international and domestic actions leading to our proposal to implement
    the Safety of Life at Sea Convention (SOLAS) amendment requiring ships
    to which SOLAS regulation V/19-1 applies to broadcast long-range
    identification and tracking information so that it could be received by
    flag States, port States and coastal States (see 72 FR 56601-56602).
    Our NPRM was published during the International Maritime Organization
    (IMO) 83rd session of the Maritime Safety Committee (``Committee''),
    MSC 83, held from October 1 to 12, 2007.
        At this October meeting, the Committee adopted Resolution
    MSC.254(83), which permits the master of a ship or the Administration
    (the U.S. Coast Guard for U.S. ships) to reduce LRIT transmissions to
    once per 24-hour period or to switch off the ship-borne LRIT equipment
    when the ship is undergoing repairs in port or dry-dock or when a ship
    is laid up for a long period.
        Another efficiency and cost saving that was discussed at MSC 83 was
    reducing the number of automatic LRIT information transmissions from
    four (4) per day to two (2) per day. See MSC 83/28, Report of the MSC
    on its 83rd session, pages 59 and 60 for discussion of this issue.
    Reducing required transmissions to two per day would reduce the
    communications cost of

    [[Page 23311]]

    transmissions from ship-to-Data-Center by half. This change would
    likely bring the cost of LRIT information supplied to data centers more
    in line with the likely demand of states requesting LRIT information.
    The decision on this item was deferred until MSC 84, to be held from
    May 7 to 16, 2008. The Coast Guard believes this proposal deserves
    serious consideration as a cost saving vehicle that has little, if any,
    adverse impact on the maritime domain awareness benefits to be derived
    from LRIT. If the number of transmissions required by SOLAS regulation
    V/19-1 is changed by IMO action, then in a separate rulemaking the
    Coast Guard would revise the number of LRIT transmissions required by
    its LRIT regulations.
        Additionally, MSC 83 adopted Resolution MSC.242(83), reflecting its
    decision that Contracting Governments (flag States, port States and
    coastal States) could request, receive, and make use of LRIT
    information for safety and marine environmental protection purposes, in
    addition to maritime security and search and rescue purposes. For
    purposes of SOLAS, a Contracting Government is a government that has
    ratified, accepted, approved, or consented by accession to SOLAS and
    thus has agreed to be bound by SOLAS. Accordingly, the Coast Guard will
    use LRIT information for those enhanced purposes in order to carry out
    its multi-missions of marine safety, security, and stewardship, but
    does not believe that any addition to the regulatory text is necessary
    for that purpose.
        Finally, MSC 83 decided at least during the initial 2-year
    operational period of LRIT, from January 1, 2009, to December 31, 2010,
    there would not be an International Data Center. MSC also decided to
    accept the contingent offer of the United States to build and operate
    the International Data Exchange on a temporary, interim basis until a
    more permanent solution could be decided by MSC. It also maintained the
    previously decided implementation schedule for LRIT system operation.
    MSC 83/28, Report of the MSC on its 83rd session, page 47.
        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.

    B. 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. For a more detailed description of the LRIT system, please
    refer to our NPRM published October 3, 2007, in the Federal Register
    (72 FR 56600).

    C. Discussion of Rule

        This rule requires certain ships on an international voyage to
    transmit position information using LRIT equipment. These requirements
    will appear in a new subpart to 33 CFR Part 169: Subpart C--
    Transmission of Long Range Identification and Tracking Information.
        As stated in Sec.  169.200, the purpose of the 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 Sec.  169.205: Passenger ships,
    including high-speed passenger craft, that carry more than 12
    passengers; cargo ships, including high speed craft, of 300 gross
    tonnage or more; and self-propelled mobile offshore drilling units.
        Under Sec.  169.210, a U.S. flag ship covered by Sec.  169.205 must
    transmit position reports at all times while engaged on an
    international voyage. The Coast Guard is implementing a SOLAS
    requirement for ships covered by Sec.  169.205 to transmit position
    reports depending on their relationship to the United States. The
    transmissions from a foreign ship covered by Sec.  169.205 may be
    received by the U.S. 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. Furthermore, the Coast Guard is entitled to
    receive position reports from a foreign ship covered by Sec.  169.205
    while navigating within 1,000 nautical miles (nm) of the U.S. baseline,
    unless the ship's Flag Administration, under authority of SOLAS V/19-
    1.9.1, has directed the ship not to provide these reports. ``Flag
    Administration'' means the Government of the State whose flag the ship
    is entitled to fly.
        As noted above, many ships subject to this 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 Sec.  169.5 will capture U.S. flag ships
    calling on or operating from a foreign port. These ships would be
    subject to SOLAS XI-2/6 requirements and are 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 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 100 nm 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. However, 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 rule. IMO uses that term
    in SOLAS V/19-1.4, regarding these installation dates above, as well as
    in describing a LRIT exemption. Instead, we have used a ship-within-
    range approach represented by set distances 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 consider the following
    distances as

    [[Page 23312]]

    functional equivalents of our as-yet undefined sea areas: within 20 nm
    from the U.S. baseline as the functional equivalent for sea area A1;
    and within 20 to 100 nm from the U.S. baseline as the functional
    equivalent for sea area A2.
        As stated in Sec.  169.215, LRIT equipment must be type-approved
    and meet the requirements of IMO Resolutions A.694(17), MSC.210(81),
    and MSC.254(83), and IEC standard IEC 60945. Manufacturers seeking type
    approval should submit details of their equipment to Commandant, U.S.
    Coast Guard, Office of Design and Engineering Standards (CG-521), 2100
    Second Street, SW., Washington, DC 20593-0001. Under Sec.  169.225, a
    ship must use an Application Service Provider recognized by its
    Administration. Under 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 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 Sec.  169.245, the ship's master
    must inform the Flag Administration without undue delay 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 Sec.  169.235
    for warships, certain public vessels, ships operating solely on the
    Great Lakes, and ships equipped with an operating automatic
    identification system (AIS) if the AIS-equipped ship operates only
    within 20 nautical miles of the U.S. baseline.
        In addition to adding subpart C, we have also revised the general
    provision in subpart A of 33 CFR part 169 by changing 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 the International Convention on Tonnage Measurement of
    Ships, 1969, and IMO resolutions A.694(17), MSC.202(81), MSC.210(81),
    and MSC .254(83), and IEC standard IEC 60945, related to SOLAS V/19-1
    and LRIT performance standards and functional requirements.

    IV. Discussion of Comments and Changes From Proposed Rule

        We received seven letters commenting on the proposed rule. No
    public meeting was requested and none was held.
        The following is a summary of the comments received, and the
    changes made to the regulatory text since our proposed rule was
    published. We first address comments on ship requirements, then those
    that relate to the LRIT System, and finally we address comments related
    to Coast Guard resources and enforcement.

    A. Ship Requirements

        Two commenters asked how LRIT would interface or overlap with the
    Automatic Identification System (AIS). The Coast Guard does not
    envision LRIT and AIS interfacing with each other. Although the
    position, identification, and time of position information will
    essentially be the same in both systems, the method of transmission is
    distinct. AIS is a VHF-based system that is limited to line-of-sight
    but is able to transmit a broader data content than LRIT. LRIT uses
    satellite technology that will enable the Coast Guard to identify and
    track ships in a larger geographic area than shore-based AIS. Because
    AIS data is open broadcast and is easily obtainable, the Coast Guard
    may not need LRIT information while a ship is in port; however, the
    process to stop and re-start LRIT transmissions within the LRIT system
    is not cost-effective unless the ship will not be transmitting for an
    extended period of time. As the majority of ships required to transmit
    position reports are expected to be larger cargo and passenger vessels
    that typically make short-duration port calls, it may be more cost-
    effective to continue LRIT transmissions. Unless ships are exempt from
    LRIT through Sec.  169.235(a), there remains a need for SOLAS ships
    subject to this rule to report LRIT information.
        One commenter noted that the rule should address vessels that have
    a coastwise or an inland route, such as ferries that cross the
    international boundary between the U.S. and Canada. The Coast Guard
    disagrees. As previously mentioned, Sec.  169.235(a) states ships
    fitted with a functional AIS and operating only within 20 nm of the
    United States baseline are exempt from LRIT reporting per SOLAS V/19-1.
    Furthermore, ships operating exclusively on the Great Lakes are exempt
    from LRIT reporting under Sec.  169.235(c). These two exceptions would
    cover the majority of ferries that cross the international boundary
    between the U.S. and Canada.
        The same commenter asked if a ``sufficient'' report would be
    generated when LRIT equipment is switched on, as described in the
    rulemaking, on a voyage of less than 6 hours. A vessel on an
    international voyage of less than 6 hours that is covered under Sec.
    169.205 must keep its LRIT type-approved equipment switched on during
    the entire international voyage. If the LRIT equipment has been
    switched off, when it is switched on it should send a report if the
    last report it sent is more than 6 hours old. If its LRIT equipment is
    functioning normally, the vessel would satisfy the LRIT reporting
    requirements during its voyage. Also, the vessel's LRIT equipment must
    respond if polled, even during a less-than-6-hour international voyage.
        Two commenters perceived this rule required certain operators on
    coastal and inland voyages, specifically relating to sea areas A1 or
    A2, who have not yet been mandated to purchase Global Maritime Distress
    and Safety System (GMDSS) equipment to purchase LRIT equipment. The
    Coast Guard disagrees. In the examples given, the Coast Guard would
    expect that most of these ships would be operating within sea area A1
    once it is declared and as such, would be exempt from LRIT
    requirements. SOLAS V/19-1 exempts ships fitted with an AIS and
    operated exclusively within sea area A1. For the purposes of this
    regulation, we have interpreted sea area A1 to be functionally
    equivalent to 20 nm, which is within VHF range of the coast.
        As specified in Sec.  169.235(a), ships operating AIS and that
    operate only within 20 nm of the U.S. baseline are exempt from LRIT. As
    the U.S. has not yet declared sea areas A1 or A2, that terminology was
    specifically avoided in this rule. However, ships that will be required
    under GMDSS rules to purchase GMDSS equipment for sea areas A2 if and
    when it is declared, operating outside of VHF range of the coast and
    beyond 20 nm of the U.S. baseline, will need to carry LRIT compliant
    equipment.
        One commenter requested the regulation to address the issue of
    permission and allowable times for LRIT equipment to be switched off,
    with specific provisions for Mobile Off-shore Drilling Units (MODUs)
    that are undergoing repairs in a foreign port or drydocked or in laid-
    up status. The Coast Guard has modified the final rule to explain when
    LRIT equipment may be switched off. At its 83rd session, the IMO
    Maritime Safety Committee (MSC) addressed this issue. The MSC agreed
    that, for ships undergoing repairs in port or drydock or when laid up,
    the master of the ship should be allowed to switch off the LRIT
    equipment. Accordingly, MSC issued Resolution MSC.254(83) to reflect
    this as a change to the LRIT Performance Standards and Functional
    Requirements. We revised Sec.  169.240 in the final rule to include
    this

    [[Page 23313]]

    requirement and incorporated Resolution MSC.254(83) by reference.
        One commenter recommended provisions be added to the regulation
    that clarify how and when a U.S. vessel, in particular a MODU, is to
    provide notice and/or obtain authorization to switch off its LRIT
    equipment. In Sec.  169.205(c), the rule clearly states that MODUs are
    required to transmit LRIT information when ``underway and not engaged
    in drilling operations.'' Furthermore, Sec.  169.240 of this final rule
    permits ships to switch off their LRIT equipment in exigent
    circumstances as authorized under SOLAS V/19-1.7.2. Prior authorization
    to switch off LRIT equipment on a U.S. flag ship on an international
    voyage is required in all circumstances not covered by Sec.  169.240.
    All ships subject to this rule that have been given authority to switch
    off their LRIT equipment must provide a timely notification to the
    Coast Guard in accordance with Sec.  169.245.
        One commenter suggested the Coast Guard clarify who is responsible
    for notification of failures of data transmissions due to equipment
    problems, blocking of satellite signals and changing of satellite ocean
    regions, and as a result of Communication Service Providers. The Coast
    Guard disagrees that such clarification is necessary in the final rule.
    The LRIT system design, specifically the interconnection protocols
    between ships and its host Data Center, should be able to identify
    where LRIT transmissions are dropped. The LRIT communications protocols
    address this issue, and Sec.  169.245 specifically requires a ship
    master to report if the ship's LRIT equipment fails to operate.
        One commenter recommended that the regulations state that vessel
    owners and operators may share the LRIT position reports with other
    parties. The Coast Guard disagrees. Access to LRIT information is only
    through the SOLAS Contracting Government. The SOLAS regulation
    specifically requires Contracting Governments to recognize and respect
    the commercial confidentiality and sensitivity of LRIT information.
    Permitting the sharing of LRIT position reports, as suggested by the
    commenter, would be contrary to the SOLAS regulation.
        Four commenters expressed concern regarding estimated equipment
    upgrade costs and suggested the cost to purchase and train on new GMDSS
    equipment could be prohibitive to small passenger vessels. They stated
    that the 25 cents per position report estimated cost in the NPRM
    incurred by the Coast Guard does not reflect all costs in implementing
    LRIT. The Coast Guard disagrees. Except in the limited instances noted
    below, the LRIT rulemaking is not imposing a new equipment carriage
    requirement. Because of existing GMDSS equipment requirements, most
    vessels will be able to utilize existing equipment to meet LRIT
    requirements. Although the LRIT architecture is based upon GMDSS
    equipment or equivalent LRIT information transmitting equipment, it
    does not require full GMDSS capabilities to satisfy LRIT. Ships that
    are exempt from the GMDSS equipment carriage requirements should also
    be exempt from the LRIT requirements, based on their limited areas of
    operation. In what we believe would be the rare event that a ship
    operator will need to replace older equipment to satisfy LRIT, that
    equipment is available from at least one top-of-the-line manufacturer
    for around $3,000. Any ship with older GMDSS equipment that needs
    replacement will already have trained GMDSS operators on board. These
    operators would be familiar with GMDSS-based LRIT equipment. Therefore,
    we did not estimate any additional training costs for this rule.
    Furthermore, LRIT operations are envisioned to be automatic and should
    not require intervention by shipboard personnel.
        Two commenters stated that problems inherent with the GMDSS system
    would not increase Maritime Domain Awareness (MDA). The benefit of
    having LRIT along with Vessel Traffic Service (VTS), AIS and other
    programs that identify and track ships is that it offers layers of
    information that can serve to confirm or identify anomalies, thus
    improving MDA. Concerns related to GMDSS, in general, are beyond the
    scope of this rulemaking.
        Two commenters also noted that GMDSS reporting is a time consuming
    part of watches and diverts attention from more important tasks. The
    Coast Guard disagrees. LRIT is not expected to have any impact on
    shipboard personnel in terms of crew workload. LRIT information is sent
    automatically and involves no routine human intervention.
        Two commenters recommend an LRIT exemption for VTS monitored
    voyages, as well as AIS equipped vessels that should remain in effect
    after the U.S. establishes sea areas A1 and A2. The Coast Guard agrees
    to some extent, and notes that an exemption is already in place. Ships
    covered by Sec.  169.205 that operate solely in VTS areas are generally
    within 20 nm of the U.S. baseline and therefore, if fitted with AIS,
    would be exempt from LRIT under Sec.  169.235(a). However, AIS-equipped
    ships covered by Sec.  169.205 that operate beyond 20 nm of the U.S.
    baseline fall outside of the Sec.  169.235(a) exception, and are
    therefore required to transmit LRIT position reports while under VTS
    monitoring.
        One commenter expressed concern that the LRIT NPRM background
    section suggests submittals via the Coast Guard's National Vessel
    Movement Center's (NVMC) existing Notice of Arrival (NOA) System in the
    absence of an International Data Center (IDC), and also noted NOA
    requires manual submission while LRIT will be automatic submissions.
    The Coast Guard does not view the IDC as a critical element in the LRIT
    system. In the absence of an IDC, ships may be associated with another
    National, Regional, or Cooperative Data Center.
        The conditional change referenced in the preamble of the NPRM was
    based on IMO implementation dates being pushed further into the future.
    That has not occurred. Ships must transmit position reports as required
    by this rule. If a ship covered by this rule has submitted a notice of
    arrival and the United States is not receiving its LRIT data at
    required intervals, the ship will likely be notified by a Captain of
    the Port (COTP) that there may be a delay in its regulated access to
    the port because required position reports are not being received.
        One commenter was concerned about the use of NOA for position
    reports. The Coast Guard acknowledges this concern, and as previously
    noted, SOLAS implementation dates have not been pushed further into the
    future. Therefore, this final rule is not requiring the use of NOA as a
    replacement for LRIT-transmitted position reports. The absence of an
    additional requirement in this rule, however, does not prevent a COTP,
    under authority reflected in 33 CFR 160.111, from ordering necessary
    information from a specific ship covered by this rule and headed for a
    U.S. port or place if the United States is not receiving LRIT data from
    that ship.

    B. LRIT System

        One commenter requested the regulation specifically state that
    satellite position reports will be paid by the Coast Guard. The Coast
    Guard does not believe this is necessary, given the rule's
    incorporation by reference of IMO Resolution MSC.202(81), which
    contains the provision that Contracting Governments will not impose any
    charges on ships in relation to the LRIT tracking information they may
    seek to receive. SOLAS V/19-1.11.1.
        One commenter asked how the LRIT system would work without an IDC.
    MSC 83 decided not to establish an IDC. The Coast Guard has determined
    that in

    [[Page 23314]]

    the absence of an IDC, all SOLAS Contracting Governments will need to
    associate their ships with a National, Regional, or Cooperative Data
    Center.
        One commenter suggested the Coast Guard address how it will handle
    the issue of flag States that do not have an operational data center
    and have decided not to make use of the U.S. system. The Coast Guard
    recognizes that the international LRIT system is dependent on each
    SOLAS Contracting Government establishing an LRIT data center and
    ensuring that position reports from its ships entitled to fly its Flag
    may be accessed by other Data Centers through the International LRIT
    Data Exchange. This rule, however, is directed at ships, not at other
    governments. As noted above, if the United States does not receive LRIT
    data from a ship covered by this rule that is headed to a U.S. port or
    place, then a COTP could exercise full regulatory authority over
    individual ships in order to protect the safety and security of his or
    her port.
        One commenter expressed concern about how the IDE and LRIT system
    would function after January 1, 2010. The agreement reached at MSC 83
    was for the U.S. to operate the IDE on a temporary interim basis until
    January 2010. In the interim, MSC must decide on an alternative
    arrangement, i.e., another Administration or commercial entity to
    build, host, operate, and maintain the IDE. If MSC is unable to decide
    on such an alternative, the U.S. will need to determine if it can
    continue its temporary operation of the IDE.
        One commenter requested that Sec.  169.210 specify transmission of
    reports shall continue until such time as the vessel departs the U.S.
    Exclusive Economic Zone (EEZ) or Outer Continental Shelf (OCS) on an
    outbound international voyage. The Coast Guard disagrees. The SOLAS
    regulation is silent on the issue of a ship departing a port, and the
    commenter also noted the rule specifies when a vessel must begin
    transmitting but does not indicate when the transmissions may cease.
    However, the SOLAS regulation and performance standards and functional
    requirements incorporated by reference contemplate LRIT transmissions
    every six (6) hours and when polled. This requirement is not dependent
    on whether the ship is entering or departing port. Once a ship has left
    port, a Contracting Government is entitled to track the ship within
    1,000 nm of its coast, unless specifically denied by the ship's Flag
    Administration, or until that ship has entered the internal waters of
    another Contracting Government.
        The same commenter requested the Coast Guard add the definitions of
    EEZ and OCS to Sec.  169.5. The Coast Guard disagrees. Neither the term
    EEZ nor OCS is contained in that SOLAS regulation, nor do they have any
    bearing on that regulation or this rulemaking. This rule implements
    SOLAS V/19-1.8.1.3, which entitles a Contracting Government to receive
    position reports from foreign vessels operating within 1,000 nm of its
    coast, irrespective of its location relative to the EEZ or OCS.
    Therefore, we see no need to define those terms in this rule.
        One commenter stated that Sec.  169.210 should clarify the rule to
    include vessels that intend to work on the U.S. OCS but not enter the
    territorial sea, vessels that intend to lighter cargoes offshore, or
    other ``hovering vessels''. The Coast Guard disagrees that such
    clarification is necessary in the rule. The Coast Guard believes these
    ships are considered to be on an international voyage. As stated in
    Sec.  169.205 and reflected in the heading of Sec.  169.210, this final
    rule applies to ships engaged on an international voyage. If these OCS
    locations are within 1,000 nm of the U.S. baseline, then Sec.
    169.210(c) makes it clear that the Coast Guard is entitled to receive
    position reports based on the ship's location relative to U.S. coast
    (i.e., coastal State relationship). Further, Sec.  169.210(b) makes it
    clear that United States has a port State relationship to a ship that
    has submitted a NOA under 33 CFR part 160, subpart C, and therefore the
    Coast Guard has authority to require position reports. This rule does
    not change those NOA requirements in part 160 that are based on a ship
    going to a U.S. ``port or place of destination.'' Under either
    relationship, foreign flag ships engaged on an international voyage,
    such as those identified by the commenter, would be required to
    transmit position reports, as would a U.S. flag ship on an
    international voyage.
        One commenter requested that the regulation address the ``non-
    mandatory'' requirement imposed by the Commander, Eighth Coast Guard
    District, which mandates installation of ``locating devices'' on all
    MODUs, both self propelled and non-self propelled, while operating in
    the U.S. Gulf of Mexico, and suggested LRIT replace that requirement.
    The Coast Guard disagrees. The LRIT system and these regulations, and
    the Eighth District voluntary system to which this comment refers, are
    designed to serve two distinct and different capabilities. Furthermore,
    these regulations pertain only to self-propelled MODUs and the Eight
    District voluntary program pertains to all MODUs. Therefore, the need
    for the Eighth District voluntary program will not be eliminated by the
    LRIT system or the LRIT information that results.
        The Eighth Coast Guard District voluntary requirement relates to
    ships and facilities subject to 33 CFR chapter I subchapter N (Outer
    Continental Shelf Activities). The reporting requirements facilitate
    the Coast Guard's ability to obtain limited access to MODU position
    information once a storm has passed through the MODU area of operation.
    The position reporting requirement provides an essential part of the
    Eighth District's ability to prepare for, and respond to, hurricanes
    and other natural disasters. The position reporting requirement is
    intended to maximize severe weather response preparation and Maritime
    Domain Awareness of our OCS in order to ensure a successful response
    effort. This initiative utilizes transponder equipment and is
    considered an industry ``best practice.'' The technology and equipment
    provides real time MODU location tracking capability. It is vital to
    the Coast Guard's and the drilling industry's shared success to limit
    environmental and property damage caused by MODU loss of station-
    keeping ability (dragging anchors across and damaging undersea
    pipelines on the seabed as a result of the hurricane being a prime
    example).
        In addition, real time access to this position information is
    vitally important to mutual initial response efforts (e.g., having the
    last known position of a MODU if it sank). The Eighth District
    initiative allows access to such information from all types of MODU's
    and offshore facilities, whereas, the LRIT regulations are limited to
    self-propelled MODU's. Furthermore, Sec.  169.205(c) only requires
    position reports from MODU's that are actually underway on an
    international voyage. Because of the foregoing dissimilarities between
    the Eighth District voluntary program and the LRIT regulation, the
    Coast Guard does not agree that LRIT can be an effective substitute for
    the Eighth District voluntary program.
        One commenter stated that the LRIT exemption for vessels operating
    within 20 nm of land with properly operating AIS is somewhat confusing
    and suggested it may be clearer to state for vessels that may otherwise
    be required to operate an LRIT system, the operation of such a system
    is not required for vessels when operating within 20 nm of the baseline
    or within the internal waters of the U.S. The Coast Guard disagrees.
    The AIS exemption under Sec.  169.235(a) applies only to ships
    certified for operation within 20 nm of the coast, and is derived from
    the SOLAS regulation that exempts ships

    [[Page 23315]]

    operating solely in sea area A1. Therefore, the AIS exemption does not
    apply when a ship enters from seaward the area within 20 nm of the
    coast, or otherwise operates beyond 20 nm from the coast.
        One commenter recommended the Coast Guard recognize the added MDA
    value already provided by the Automated Secure Vessel Tracking System
    to vessels that voluntarily provide more frequent polling by allowing
    partial relief from the Notice of Arrival updating requirements. The
    Coast Guard disagrees. Specifically identifying a system operated by a
    commercial entity outside of the LRIT paradigm is inappropriate when it
    does not meet the LRIT performance standards and functional
    requirements. Additionally, data exchanges with the NOA system are
    outside the scope of this rulemaking. We are not changing NOA
    requirements in this rulemaking since LRIT does not satisfy NOA update
    report requirements.

    C. Coast Guard Resources and Enforcement

        One commenter noted the regulation made no reference to penalties
    imposed upon vessels that are required to transmit LRIT data but fail
    to do so, and also asked if the Coast Guard planned to intercept such
    vessels. This regulation is issued under the authority of 46 U.S.C.
    70115 and 33 U.S.C. 1231; these statutes provide for civil and criminal
    penalties for violation of the statute or regulations promulgated under
    them by persons subject to the statute and regulation. See 46 U.S.C.
    70119 (civil penalty of $25,000 per day of violation) and 70120 (in rem
    liability of the vessel for the civil penalty and certain costs), and
    33 U.S.C. 1232 (civil penalty of $25,000 per day, indexed for inflation
    and currently $32,500 per day, liable in rem against the ship; knowing
    and willful violations constitute a class D felony; and denial of
    entry).
        To ensure effective compliance, the Coast Guard will develop and
    implement a compliance strategy that includes enforcement in
    appropriate cases. As with all new requirements, this compliance
    strategy will include elements of education of the regulated public
    supplemented by use of our civil penalty authority and, in the event of
    a knowing and willful violation, we will consider referring the matter
    to the Department of Justice for criminal prosecution.
        The most important goal of this regulation is to obtain compliance
    so that the Coast Guard achieves maritime domain awareness and is able
    to detect anomalies and take measures to satisfy its mission to protect
    the safety and security of our ports and waterways. For example, if a
    ship that is arriving at a U.S. port has submitted an advance notice of
    arrival but its LRIT information has not been received, the COTP will
    be notified. Taking this and other information into account, the COTP
    may exercise various enforcement options including, when and if
    necessary, holding the ship offshore in U.S. territorial seas until it
    can be boarded and checked for security concerns.
        One commenter expressed concern about the impact of a large number
    of LRIT transmissions on the Coast Guard's staffing capacity and asked
    if the cost-benefit analysis included increased recruitment and
    staffing needs. The Coast Guard does not anticipate a need for an
    increase in Coast Guard staffing as a result of this rulemaking. The
    LRIT information collection and dissemination within the Coast Guard
    will be automated as much as possible. There are already USCG systems
    in place for displaying this type of information and we are planning to
    incorporate the LRIT information into those systems.
        One commenter asked several questions concerning ship-by-ship
    inspections of LRIT equipment. The first question asked whether
    inspections would require more specialized training of inspectors and
    whether additional inspectors would be required. The Coast Guard does
    not envision the need for more specialization in order to conduct
    inspections of ships carrying LRIT equipment. In many cases, this
    equipment will be the same as currently installed on SOLAS ships to
    satisfy GMDSS requirements, which will implement some degree of remote
    testing capability. We do not anticipate a need to increase the number
    of inspectors.
        The commenter's next question asked what the inspection would
    entail. The Coast Guard expects the inspection of LRIT equipment to
    follow a similar inspection as currently required for GMDSS equipment.
        The commenter's final question pertained to the length of time
    afforded to operators to fix problems with LRIT equipment. Coast Guard
    inspectors will work with vessel operators to determine a reasonable
    length of time needed to correct discrepancies. In making this
    determination, Coast Guard inspectors typically consider the details of
    the deficiency found, the ability and/or availability of personnel to
    affect corrective action, along with the availability of parts. As the
    LRIT system comes online and as new ships are entered into the system,
    the Coast Guard envisions utilizing a contract with a third party to
    verify the capability of shipboard LRIT equipment and its ability to
    meet LRIT performance standards.

    D. Summary of Changes From Proposed Rule

        This is a summary of changes from the proposed rule. We revised
    Sec. Sec.  169.15, 169.215 and 169.240 to reflect the incorporation by
    reference of IMO Resolution MSC.254(83) regarding the master of a ship
    being allowed to switch off the ship's LRIT equipment when the ship is
    undergoing repairs in port or drydock or when the ship is laid up.
        In Sec.  169.5, our definition of ``gross tonnage'' remains the
    same as proposed in the NPRM, with the exception that at the end we
    note that we have incorporated the International Convention on Tonnage
    Measurement of Ships, 1969, by reference. We also referenced this
    tonnage convention in Sec.  169.15, which lists materials incorporated
    by reference.
        Finally, we revised the informational note in Sec.  169.245 to
    identify the U.S. Coast Guard--and not a unit of the Coast Guard--as
    the Flag Administration whom U.S. ship masters notify when LRIT
    equipment is switched off, fails to operate, or regarding any other
    LRIT-related matters. All LRIT notifications for the U.S. Flag
    Administration, in addition to requests or questions about LRIT, should
    be communicated to the U.S. Coast Guard by e-mail addressed to
    LRIT@uscg.mil. If an additional means of communicating with the Coast
    Guard is established (e.g., phone number), we will revise the
    informational note in Sec.  169.245 to reflect this change.

    V. Incorporation by Reference

        The Director of the Federal Register has approved the material in
    Sec. Sec.  169.5, 169.215 and 169.240 for incorporation by reference
    under 5 U.S.C. 552 and 1 CFR part 51. Copies of the material are
    available from the sources listed in Sec.  169.15.

    VI. Regulatory Evaluation

        We developed this rule after considering numerous statutes and
    executive orders related to rulemaking. Below we summarize our analysis
    based on 13 of these statutes or executive orders.

    A. Executive Order 12866

        This rule is not a ``significant regulatory action'' under section
    3(f) of Executive Order 12866, Regulatory Planning and Review, and does
    not

    [[Page 23316]]

    require an assessment of potential costs and benefits under section
    6(a)(3) of that Order. The Office of Management and Budget has not
    reviewed it under that Order.
        A final Regulatory Evaluation follows:
        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 carriage requirement for 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, will 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 nm of the U.S.
    baseline, which includes vessels that may be in innocent passage or on
    the high seas. 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 rule will affect U.S. and foreign flag SOLAS vessels that
    transit internationally. LRIT will 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 rule. With few exceptions, ships required to
    transmit LRIT information will not need to purchase new LRIT equipment.
    The affected U.S. flag vessel population is already required to carry
    the requisite GMDSS equipment onboard, as defined in 47 CFR part 80.
    This equipment should be operable and capable of transmitting a
    vessel's position automatically that meets the performance standards in
    IMO Resolutions MSC.210(81) and MSC.254(83) and that can transmit LRIT
    data as detailed in the ``Description of the LRIT System,'' Section
    III.B, above.
        The Coast Guard 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 approximately 15 percent of U.S.
    flag vessels (about 70 out of the estimated 450) may need some type of
    equipment enhancement. Of that 15 percent, we estimate that two-thirds
    (about 47 of the 450 vessels) may need software or firmware upgrades in
    order to satisfy the LRIT requirement. There may be little to no cost
    for this activity as at least one manufacturer offers the software
    upgrades for free. Furthermore, we estimate that the remaining one-
    third (about 23 out of the 450 vessels) may need equipment upgrades
    (such as new GMDSS satellite communications equipment for example) in
    order to satisfy the LRIT requirement and may incur minimal costs as a
    result of this rule. We estimate the cost for a new GMDSS or equivalent
    satellite unit for LRIT 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.
        The Coast Guard anticipates that crews will not have to 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 and transmitting LRIT information when the vessel is
    underway so its position can be reported automatically.
        Contracting Governments that are entitled to request and receive
    the LRIT information will be required to pay for this service. The
    United States, as a Contracting Government, will 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 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 will require a one-time activation and will
    remain on unless switched off as permitted by the vessel's Flag
    Administration, in circumstances detailed in SOLAS V/19-1.7, or in
    paragraph 4.4.1, of resolution MSC.210(81), as amended by resolution
    MSC.254(83). Once the crew activates the onboard equipment, information
    will 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, of the NPRM.
        Based on the SOLAS LRIT amendments, one transmission will be made
    every six hours, or four times a day, 365 days a year. A covered U.S.
    flag ship on international voyages is required to make transmissions in
    accordance with this schedule, including during routine port calls,
    until the international voyage terminates at a U.S. port. Likewise, a
    covered foreign flag ship that calls on a U.S. port must make
    transmissions in accordance with this schedule, also while in U.S.
    port, and the Coast Guard is entitled to continue to receive position
    reports until the ship has proceeded beyond 1,000 nm of the U.S.
    baseline or enters the territorial seas of another Contracting
    Government. Based on the foregoing, 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). The Coast
    Guard's Office of Navigation Systems estimates that each transmission
    would cost the U.S. Government $0.25, or even less if transmissions are
    purchased in bulk.
        We estimate that the U.S. Government will 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 rule for potential economic impacts on small
    entities. Since the U.S. Government will incur costs associated with
    the transmission of information from a

    [[Page 23317]]

    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 final rule will 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 (Pub. L. 104-121), we want to assist small
    entities in understanding this rule so that they can better evaluate
    its effects on them and participate in the rulemaking. If you think
    that this 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 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 rule will 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-new.
        Summary of the Collection of Information: Certain vessels will
    periodically report identity and position data electronically.
        Need for Information: LRIT will enhance security by providing the
    United States with the identities and current location of vessels off
    its coast. The United States will 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 its 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, subsequent annual system check, and occasional logbook
    entries when a ship master switches off the LRIT equipment or the LRIT
    equipment fails to operate.
        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 rule to OMB for its review
    of the collection of information. OMB has not yet completed its review
    of this collection. Therefore, Sec. Sec.  169.215, 169.230 and 169.245
    in this rule may not be enforced until this collection is approved by
    OMB. We will publish notice in the Federal Register of OMB's decision
    to approve, modify, or disapprove the collection.
        You need not respond to a collection of information unless it
    displays a currently valid control number from OMB.

    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 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 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 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 rule will not result in such an expenditure, we
    do discuss the effects of this rule elsewhere in this preamble.

    G. Taking of Private Property

        This rule will 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 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 rule under Executive Order 13045, Protection
    of Children from Environmental Health Risks and Safety Risks. This rule
    is not an economically significant rule and does not create an
    environmental risk to health or risk to safety that may
    disproportionately affect children.

    [[Page 23318]]

    J. Indian Tribal Governments

        This rule does not have tribal implications under Executive Order
    13175, Consultation and Coordination with Indian Tribal Governments,
    because it does 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 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 the Office of Management and Budget, 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.
        This rule uses the following technical standards:
         IEC 60945, Fourth edition 2002-08, Maritime navigation and
    radiocommunication equipment and systems--General requirements--Methods
    of testing and required test results.
         IMO Resolution MSC.202(81), adopted on May 19, 2006,
    Adoption of Amendments to the International Convention for the Safety
    of Life at Sea, 1974, as Amended.
         IMO Resolution MSC.210(81), adopted May 19, 2006,
    Performance Standards and Functional Requirements for the Long-Range
    Identification and Tracking of Ships.
         IMO Resolution MSC.254(83), adopted October 12, 2007,
    Adoption of Amendments to the Performance Standards and Functional
    Requirements for the Long-Range Identification and Tracking of Ships.
         IMO Resolution A.694(17), adopted November 6, 1991,
    General Requirements for Shipborne Radio Equipment Forming Part of the
    Global Maritime Distress and Safety System (GMDSS) and for Electronic
    Navigational Aids.
         International Convention on Tonnage Measurement of Ships,
    1969.

    The sections that reference these standards and the locations where
    these standards are available are listed in 33 CFR 169.15.

    M. Environment

        We have analyzed this rule under Commandant Instruction M16475.lD
    which guides the Coast Guard in complying with the National
    Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
    have concluded that there are no factors in this case that would limit
    the use of a categorical exclusion under section 2.B.2 of the
    Instruction. Therefore, this rule is categorically excluded, under
    figure 2-1, paragraph (34)(d), of the Instruction. This rule concerns
    vessel equipment requirements that will contribute to a higher level of
    marine safety and maritime domain awareness for U.S. port and
    waterways. A final ``Environmental Analysis Check List'' and a final
    ``Categorical Exclusion Determination'' are available in the docket
    where indicated under ADDRESSES.

    List of Subjects in 33 CFR Part 169

        Endangered and threatened species, Incorporation by reference,
    Marine mammals, Marine safety, Navigation (water), Radio, Reporting and
    recordkeeping requirements, Vessels, Water pollution control.

    0
    For the reasons discussed in the preamble, the Coast Guard amends 33
    CFR part 169 as follows:

    PART 169--SHIP REPORTING SYSTEMS

    0
    1. The authority citation is revised to read:

        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]

    0
    2. Amend Sec.  169.1 as follows:
    0
    a. In the section heading, remove the word ``subpart'' and add, in its
    place, the word ``part''; and
    0
    b. In the last sentence, add the words ``maritime security and domain
    awareness,'' immediately after ``navigation safety,''.
    0
    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 (Incorporated by
    reference, see Sec.  169.15).
    * * * * *
        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.
        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

    [[Page 23319]]

    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.
    0
    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-54132), 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, Fourth edition 2002-08, Maritime navigation and
    radiocommunication equipment and systems--General requirements--Methods
    of testing and required test results, 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), adopted on May 19, 2006, Adoption
    of Amendments to the International Convention for the Safety of Life at
    Sea, 1974, as Amended, incorporation by reference approved for Sec.
    169.240.
        (2) IMO Resolution MSC.210(81), adopted on May 19, 2006,
    Performance Standards and Functional Requirements for the Long-Range
    Identification and Tracking of Ships, incorporation by reference
    approved for Sec. Sec.  169.215 and 169.240.
        (3) IMO Resolution MSC.254(83), adopted on October 12, 2007,
    Adoption of Amendments to the Performance Standards and Functional
    Requirements for the Long-Range Identification and Tracking of Ships,
    incorporation by reference approved for Sec. Sec.  169.215 and 169.240.
        (4) IMO Resolution A.694(17), adopted on November 6, 1991, General
    Requirements for Shipborne Radio Equipment Forming Part of the Global
    Maritime Distress and Safety System (GMDSS) and for Electronic
    Navigational Aids, incorporation by reference approved for Sec.
    165.215.
        (5) International Convention on Tonnage Measurement of Ships, 1969,
    incorporation by reference approved for Sec.  169.5.
    0
    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 if 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.

    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), MSC.210(81), and MSC.254(83), and IEC standard IEC 60945
    (Incorporated by reference, see Sec.  169.15).

    [[Page 23320]]

    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, in
    circumstances detailed in SOLAS V/19-1.7, or in paragraph 4.4.1, of
    resolution MSC.210(81), as amended by resolution MSC.254(83)
    (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
    serves as the Flag Administration for purposes of this section. All
    LRIT notifications for the U.S. Flag Administration, in addition to
    requests or questions about LRIT, should be communicated to the U.S.
    Coast Guard by e-mail addressed to LRIT@uscg.mil.

        Dated: April 22, 2008.
    Brian M. Salerno,
    Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
    Security and Stewardship.
    [FR Doc. E8-9182 Filed 4-28-08; 8:45 am]

    BILLING CODE 4910-15-P