[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Proposed Rules]
[Pages 19699-19701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9713]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

[CGD 93-022]
RIN 2115-AE41


Automated Dependent Surveillance Shipborne Equipment: 
Incorporation by Reference

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the incorporation by 
reference provisions or the Automated Dependent Surveillance (ADS) 
Shipborne Equipment. Due to the development of new Differential Global 
Positioning System (DGPS) standards, the existing standard incorporated 
by reference, Radio Technical Commission for Maritime Services' (RTCM) 
Recommended Standards for Differential NAVSTAR GPS Service, Version 2.0 
contained in 33 CFR 164.03, has been superseded by new standards 
contained in Version 2.1. The Coast Guard proposes to replace Version 
2.0 by incorporating the new standards contained in Version 2.1.
    Additionally, Digital Selective Calling (DSC) standards for use 
with Vessel Traffic Services (VTS) and Maritime Mobile Services have 
recently been developed by the International Telecommunication Union 
Radiocommunication Bureau (ITU-R) and are also being proposed as a new 
incorporation by reference.
    The new DGPS standards will ensure that ADS is compatible with the 
Coast Guard national DGPS network. The standards will also provide 
additional user safety information such as differential station health 
indicators.
    The new DSC standards will ensure that the Automated Dependent 
Surveillance Shipborne Equipment (ADSSE), built by various 
manufacturers, will provide the same message in an internationally 
accepted format.

DATES: Comments must be received on or before June 19, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 93-022), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to Room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    A copy of the material proposed for ``Incorporation by Reference'' 
is available for inspection at Room 1409, U.S. Coast Guard 
Headquarters. It may also be obtained from the sources listed in the 
proposed rule.

FOR FURTHER INFORMATION CONTACT: Irene Hoffman, Project Manager, Vessel 
Traffic Services Division. The telephone number is 202-267-6277.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 93-022) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Irene 
Hoffman, Project Manager, Vessel Traffic Services Division and Nicholas 
Grasselli, Project Counsel, Office of Chief Counsel.

Background and Purpose

    Section 5004 of the Oil Pollution Act of 1990, as codified in 33 
U.S.C. 2374, directed the Coast Guard to acquire, install, and operate 
additional equipment, as necessary, to provide surveillance of tank 
vessels carrying oil [[Page 19700]] from the Trans-Alaskan Pipeline 
through Prince William Sound.
    While endeavoring to meet the requirements of the Act, the Coast 
Guard investigated various types of surveillance systems, including 
radar and dependent surveillance systems. The Coast Guard determined an 
ADS system that uses DGPS would meet the Coast Guard's requirements 
without being cost prohibitive to the Government and the user. The 
shipboard portion of the system, ADSSE, includes a 12 channel all-in-
view DGPS receiver, a marine radiobeacon band receiver capable of 
receiving DGPS error correction messages, a VHF/FM transceiver using 
DSC, and a control unit.
    On July 17, 1992, the Coast Guard published a final rule, Prince 
William Sound Automated Dependent Surveillance System, in the Federal 
Register (57 FR 31660). This final rule amended the Prince William 
Sound VTS regulations by incorporating the use of ADS using DGPS. The 
regulation requires tank vessels of 20,000 DWT or more, transiting 
Prince William Sound, to carry operating ADSSE.
    Since the publication of this regulation, the Coast Guard has 
determined that the use of ADS may expand beyond Prince William Sound. 
In order to facilitate future expansion into other areas of the U.S., 
the final rule amending the National VTS Regulations (59 FR 36316), 
divided the Prince William Sound Automated Dependent Surveillance 
System rule into two sections: (a) A navigation equipment rule 
(Sec. 164.43); and (b) a vessel operating rule for Prince William Sound 
(Sec. 165.1704). VTS Reporting Exemptions for vessels equipped with an 
operating ADSSE are set forth in Sec. 161.23(c). The ``Incorporation by 
Reference'' section (Sec. 161.109) associated with this rule has been 
redesignated as Sec. 164.03(b)(2).

Discussion of Proposed Rules

    Due to the development of new DGPS standards, the existing standard 
incorporated by reference, RTCM Recommended Standards for Differential 
NAVSTAR GPS Service, Version 2.0 RTCM Paper 134-89/SC 104-68 
incorporated in 33 CFR 164.03, has been superseded. Differential 
NAVSTAR GPS Service, Version 2.0 will be replaced with the new 
standards, RTCM Recommended Standards for Differential NAVSTAR GPS 
Service, Version 2.1 RTCM Paper 194-93/SC 104-STD, which have been 
developed with industry input and approved by RTCM.
    Additionally, DSC standards for use with VTS and Maritime Mobile 
Service, Optional Expansion of the DSC System for use in the Maritime 
Mobile Service, ITU-R Recommendation 821 and Characteristics of a 
Transponder System using DSC Techniques for use with VTS and Ship-to-
Ship Identification, ITU-R Recommendation 825, have been developed by 
the ITU-R with industry input and will also be incorporated by 
reference.

Incorporation by Reference

    The proposed material would be incorporated by reference in 
Sec. 164.03. Copies of the material are available for inspection where 
indicated under ADDRESSES. Copies of the material are also available 
from the sources listed in Sec. 164.03.
    Before publishing a final rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The upgrade 
of DGPS receivers from Version 2.0 RTCM Paper 134-89/SC 104-68, to 
Version 2.1 RTCM Paper 194-93/SC 104-STD requires only a firmware 
upgrade. At least one manufacturer has indicated that this upgrade is 
available at no cost to the user. Additionally, recent indications are 
that the cost to initially outfit tank vessels with DGPS equipment may 
be less than the original estimate of $50,000 per vessel. A more 
reasonable estimate now would be approximately $15,000 per vessel. The 
cost is expected to drop further as dependent surveillance is 
implemented in other U.S. ports and worldwide.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include: (1) Small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields; and (2) governmental jurisdictions 
with populations of less than 50,000. This regulation will only affect 
owners and operators of tank vessels of 20,000 or more DWT operating in 
Prince William Sound and carrying oil from the Trans-Alaska Pipeline. 
The construction and operating costs of vessels of this size is such 
that their owners tend to be major corporations or subsidiaries of 
major corporations. Business entities with the capital and operating 
costs of this magnitude do not meet the definition of ``small 
entities.''
    Because it expects the impact of this proposal to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation.
    This rulemaking is intended to improve accuracy and reliability of 
vessel tracking equipment. It may benefit the environment by reducing 
the potential for catastrophic oil spills which may result from tank 
vessels involved in groundings, rammings, or collisions. While this 
rulemaking may have a positive effect on the environment by minimizing 
the risk of environmental harm resulting from collisions and 
groundings, the impact is not expected to be significant enough to 
warrant further documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES. [[Page 19701]] 

List of Subjects in 33 CFR Part 164

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways, Incorporation by reference.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 164 as follows:

PART 164--NAVIGATION SAFETY REGULATIONS

    1. The authority citation for part 164 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46. 
Sec. 164.13 also issued under 46 U.S.C. 8502 sec. 4114(a), Pub.L. 
101-380, 104 Stat. 517 (46 U.S.C. 3703 note). Sec. 164.61 also 
issued under 46 U.S.C. 6101.

    2. Section 164.03 paragraph (b) is revised to read as follows:


Sec. 164.03  Incorporation by Reference

* * * * *
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are:

International Maritime Organization (IMO)                               
  4 Embankment, London, SE1 7SR, U.K                                    
  Recommendation on Performance Standards for Automatic Pilots,         
   Resolution A.342(IX), adopted November 12, 1975.............   164.13
Radio Technical Commission For Maritime Services (RTCM)                 
  655 Fifteenth St., N.W., Suite 300, Washington, D.C. 20005            
  Minimum Performance Standards (MPS) Marine Loran C Receiving          
   Equipment, RTCM Paper 12-78/DO-100, 1977....................   164.41
  RTCM Recommended Standards for Differential NAVSTAR GPS               
   Service, Version 2.1, RTCM Paper 194-93/SC 104-STD, 1994....   164.43
International Telecommunication Union Radiocommunication Bureau         
 (ITU-R)                                                                
  Place de Nations CH-1211 Geneva 20 Switzerland                        
  Optional Expansion of the Digital Selective-Calling System            
   for use in the Maritime Mobile Service, ITU-R Recommendation         
   821, 1992...................................................   164.43
  Characteristics of a Transponder System using Digital                 
   Selective-Calling Techniques for use with Vessel Traffic             
   Services and Ship-to-Ship Identification, ITU-R                      
   Recommendation 825, 1992....................................   164.43
                                                                        

    Dated: March 30, 1995.
G.A. Penington,
Rear Admiral, U.S. Coast Guard Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 95-9713 Filed 4-19-95; 8:45 am]
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