[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Pages 51732-51734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24529]



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[[Page 51733]]



DEPARTMENT OF TRANSPORTATION
33 CFR Part 164

[CGD 93-022]
RIN 2115-AE41


Automated Dependent Surveillance Shipborne Equipment: 
Incorporation by Reference

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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in 33 CFR 164.03, has been superseded by new standards contained in 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

DATES: Effective Date: November 2, 1995.
    Incorporation by reference: The Director of the Federal Register 
approves as of November 2, 1995, the incorporation by reference of 
certain publications listed in the regulations.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (202) 267-1477.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 20, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled Automated Dependent Surveillance Shipborne 
Equipment: Incorporation by Reference in the Federal Register (60 FR 
19699). The Coast Guard received no letters on the proposal. No public 
meeting was requested, and none was held.

Background and Purpose

    Section 5004 of the Oil Pollution Act of 1990, as codified in 33 
U.S.C. 2734, directed the Coast Guard to acquire, install, and operate 
additional equipment, as necessary, to provide surveillance of tank 
vessels carrying oil from the Trans-Alaskan Pipeline through Prince 
William Sound.
    While endeavoring to meet the requirements of the Act, the Coast 
Guard investigated various types of surveillance systems, including 
radar and dependent surveillance systems. The Coast Guard determined an 
ADS system that uses DGPS would meet the Coast Guard's requirements 
without being cost prohibitive to the Government and the user. The 
shipboard portion of the system, ADSSE, includes a 12 channel all-in-
view DGPS receiver, a marine radiobeacon band receiver capable of 
receiving DGPS error correction messages, a VHF/FM transceiver using 
DSC, and a control unit.
    On July 17, 1992, the Coast Guard published a final rule, Prince 
William Sound Automated Dependent Surveillance System, in the Federal 
Register (57 FR 31660). This final rule amended the Prince William 
Sound VTS regulations by incorporating the use of ADS using DGPS. The 
regulation requires tank vessels of 20,000 DWT or more, transiting 
Prince William Sound, to carry operating ADSSE.
    Since the publication of this regulation, the Coast Guard has 
determined that the use of ADS may expand beyond Prince William Sound. 
In order to facilitate future expansion into other areas of the U.S., 
the final rule amending the National VTS Regulations (59 FR 36316), 
divided the Prince William Sound Automated Dependent Surveillance 
System rule into two sections: (a) a navigation equipment rule 
(Sec. 164.43); and (b) a vessel operating rule for Prince William Sound 
(Sec. 165.1704). VTS Reporting Exemptions for vessels equipped with an 
operating ADSSE are set forth in Sec. 161.23(c). The ``Incorporation by 
Reference'' section (Sec. 161.109) associated with this rule has been 
redesignated as Sec. 164.03(b)(2).

Discussion of Changes

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

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Sec. 164.03 for incorporation by reference under 5 U.S.C. 552 and 1 CFR 
part 51. The material is available as indicated in that section.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The upgrade 
of DGPS receivers from Version 2.0 RTCM Paper 134-89/SC 104-68, to 
Version 2.1 RTCM Paper 194-93/SC 104-STD requires only a firmware 
upgrade. At least one manufacturer has indicated that this upgrade is 
available at no cost 

[[Page 51734]]
to the user. Additionally, recent indications are that the cost to 
initially outfit tank vessel with DGPS equipment may be less than the 
original estimate of $50,000 per vessel. A more reasonable estimate now 
would be approximately $15,000 per vessel. The cost is expected to drop 
further as dependent surveillance is implemented in other U.S. ports 
and worldwide.

Small Entities

    This regulation will only affect owners and operators of tank 
vessels of 20,000 or more DWT operating in Prince William Sound and 
carrying oil from the Trans-Alaska Pipeline. The construction and 
operating costs of vessels of this size is such that their owners tend 
to be major corporations or subsidiaries of major corporations. 
Business entities with the capital and operating costs of this 
magnitude do not meet the definition of ``small entitles''
    Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

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

Federalism

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

Environment

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

List of Subjects in 33 CFR Part 164

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

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

PART 164--NAVIGATION SAFETY REGULATIONS

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

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

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


Sec. 164.03  Incorporated by reference.

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


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

Dated: September 25, 1995.
J.A. Creech,
Captain, U.S. Coast Guard, Acting Chief, Office of Navigation Safety 
and Waterway Services.
[FR Doc. 95-24529 Filed 10-2-95; 8:45 am]
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