[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Pages 21862-21864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10834]


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DEPARTMENT OF TRANSPORTATION

United States Coast Guard

33 CFR Part 164

[USCG-2000-8300]
RIN 2115-AG03


Exemption of Public Vessels Equipped with Electronic Charting and 
Navigation Systems From Paper Chart Requirements

AGENCY: United States Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: The Coast Guard amends its regulations to exclude public 
vessels owned, leased, or operated by the U.S. Government from certain 
requirements for navigational charts and publications. The amendments 
allow public vessels to use electronic charting and navigation systems 
providing reliable navigation information displays. Amending these 
regulations provides a platform for the Coast Guard to acquire more 
information and evaluate these systems as alternatives leading towards 
the goal of a fully integrated electronic charting and navigation 
technology into the commercial sector. The Coast Guard is currently 
preparing an Advanced Notice of Proposed Rulemaking to amend the same 
regulations allowing commercial vessels to use electronic charting 
systems.

DATES: This rule is effective July 31, 2001, unless a written adverse 
comment, or written notice of intent to submit an adverse comment, 
reaches the Docket Management Facility on or before July 2, 2001. If an 
adverse comment, or notice of intent to submit an adverse comment, is 
received, the Coast Guard will withdraw this direct final rule and 
publish a timely notice of withdrawal in the Federal Register.

ADDRESSES: You may mail your comments to the Docket Management 
Facility, (USCG-2000-8300) U.S. Department of Transportation, room PL-
401, 400 Seventh Street SW., Washington DC 20590-0001, or deliver them 
to room PL-401 on the Plaza level of the Nassif Building at the same 
address between 10 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and documents, as indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building at the 
same address between 10 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also access this docket on the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions regarding this rule, 
contact David Beach, Office of Vessel Traffic Management, Coast Guard, 
telephone 202-267-6623. For questions on viewing, or submitting 
material to, the docket, contact Dorothy Beard, Chief, Dockets, 
Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

[[Page 21863]]

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 [USCG 2000-8300] and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing to the Docket Management Facility at the address 
under ADDRESSES. You may submit your comments and material by mail, 
hand delivery, fax, or electronic means to the Docket Management 
Facility at the address under ADDRESSES; but please submit your 
comments and material by only one means. If you submit them by mail and 
would like to know they were received, please enclose a stamped, self-
addressed postcard or envelope. The Coast Guard will consider all 
comments and material received during the comment period.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
for which appear in 33 CFR 1.05-55, because it anticipates no adverse 
comment. If no adverse comment or written notice of intent to submit an 
adverse comment is received within the specified comment period, this 
rule will become effective as stated in the DATES section. In that 
case, approximately 30 days before the effective date, the Coast Guard 
will publish a document in the Federal Register stating that no adverse 
comment was received and confirming that this rule will become 
effective as scheduled. However, if the Coast Guard receives a written 
adverse comment or written notice of intent to submit an adverse 
comment, it will publish a document in the Federal Register announcing 
withdrawal of all or part of this direct final rule. If an adverse 
comment applies to only part of this rule and it is possible to remove 
that part without defeating the purpose of this rule, the Coast Guard 
may adopt as final those parts of this rule on which no adverse comment 
was received. The part of this rule that was the subject of an adverse 
comment will be withdrawn. If the Coast Guard decides to proceed with a 
rulemaking following receipt of an adverse comment, the Coast Guard 
will publish a separate Notice of Proposed Rulemaking (NPRM) and 
provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or why it would be ineffective or 
unacceptable without a change. The Coast Guard is also, at present, 
drafting a similar advanced notice of proposed rulemaking to allow 
commercial vessels to use electronic navigation systems. We encourage 
public participation when that rulemaking is published in the near 
future.

Background and Purpose

    This rulemaking would exclude public vessels from the chart and 
publication requirements in 33 CFR 164.11, 33 CFR 164.30, and 33 CFR 
164.33. This exclusion would only apply to public vessels equipped with 
an electronic charting and navigation system that meets the standards 
approved by the Federal agency exercising operational control of the 
vessel.
    The United States based the navigation and safety regulations found 
in Title 33 Code of Federal Regulations on Chapter 5 of the 
International Convention for Safety of Life at Sea (SOLAS). SOLAS 
exempts ships of war from its safety of navigation provisions. 
Nevertheless, at the time the Coast Guard drafted the existing 
navigation safety regulations, exemptions for U.S. warships or other 
vessels being utilized in exclusive, noncommercial government service 
were not addressed. Further chart carriage requirements were not 
considered because electronic charting did not exist and no 
alternatives to paper documents were contemplated.
    The intent of the rule is to enable Federal agencies to utilize 
electronic charting and navigation systems as an alternative to 
requiring paper nautical charts and publications, when the public 
vessel is equipped with an electronic system and backup.
    The Coast Guard realizes that electronic charting and navigation 
systems are increasingly predominant in the maritime industry. As a 
result, commercial shipping industries have expressed their desire to 
incorporate this new technology into their operations.
    Today, commercial shipping companies that wish to use an electronic 
charting and navigation system as their primary means of navigation on 
international voyages must meet an International Maritime Organization 
(IMO) standard. The term ``ECDIS'' (Electronic Chart Display and 
Information System) describes the IMO compliant system which specifies 
technical system requirements including the use of S-57 Vector format 
ENC (Electronic Navigation Chart) chart data produced under the 
authority of a government hydrographic office.
    Currently, the Coast Guard, the National Oceanographic and 
Atmospheric Agency (NOAA) and the National Imagery and Mapping Agency 
(NIMA) are working together to develop electronic chart portfolios and 
evaluate how these charts interrelate with commercially available 
electronic charting and navigation systems. The Coast Guard is also 
evaluating commercially available electronic charting and navigation 
systems with the expectation that it may assist in establishing interim 
regulatory standards for electronic charting pending the wider 
availability of IMO and International Hydrographic Organization (IHO) 
compliant electronic charts. This rule allows the Coast Guard to gather 
and analyze operational data related to using these systems as 
installed on a variety of vessels.
    The Coast Guard realizes the expense that commercial shipping 
companies will incur in attempting to meet the IMO ECDIS standard. Our 
evaluation is an attempt to afford the commercial industries a 
provisional measure that may allow marine industries to use current 
electronic charting and navigation systems with the intention that 
commercial and public vessels eventually meet the IMO ECDIS standard.
    Public vessel operations already include the additional precautions 
necessary to ensure the safety of navigation during these evaluations 
and trials (i.e. navigation standards, greater available vessel manning 
and navigation details set when public vessels enter ports). The Coast 
Guard will also use the lessons learned, findings, and other 
experiences acquired through our evaluation of electronic charting and 
navigation systems to develop the regulation allowing the use of an 
electronic charting and navigation system by commercial vessels.
    The Coast Guard is taking a leadership position with assisting 
commercial shippers in exploring the use of electronic charting and 
navigation systems as their primary means of navigation in U.S. waters. 
The information we acquire from use of such systems on public vessels 
will support the goal of fully integrated electronic charting and 
navigation technology into the commercial shipping sector.

[[Page 21864]]

Discussion of Rule

    At present, sections 33 CFR 164.11 entitled ``Navigation under way; 
General'', 33 CFR 164.30 entitled ``Charts, Publications, and 
Equipment, General'', and 33 CFR 164.33 entitled ``Charts and 
Publications'' require that all vessels have printed marine charts that 
are published by National Ocean Service, the U.S. Army Corps of 
Engineers, or a river authority, and plot each fix on those charts. The 
charts must be currently corrected at a large enough scale, and have 
enough detail to make safe navigation of the area possible. This 
proposed rule would amend the ``Applicability'' section (33 CFR 164.01) 
to offer an alternative to certain U.S. public vessels from the printed 
nautical charts and publications requirement. The alternative means of 
compliance would only apply to vessels using an electronic charting and 
navigation system, which is approved by the Federal agency exercising 
operational control of the vessel.

Regulatory Evaluation

    This direct final 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. The rule has not been reviewed by the Office of Management 
and Budget under this Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT)(44 FR 
11040; February 26, l979). 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.
    This direct final rule would exclude public vessels from certain 
requirements for paper navigational charts and publications that are 
found in 33 CFR Part 164 (Sections 164.11, 164.30, and 164.33). 
Agencies will be allowed the flexibility of using either electronic 
charts or the currently required paper charts. Consequently, this rule 
would not impose any mandatory costs on the agencies it involves.
    This direct final rule would apply to warships and other vessels 
owned or operated by the United States Government and used only in 
government noncommercial service when equipped with an approved 
electronic system.
    The Coast Guard does not expect using electronic charts and 
navigation systems in place of paper charts to adversely impact 
maritime safety.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include 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.
    The Coast Guard expects that this rule would have a minimal 
economic impact on small entities. The Coast Guard does not believe 
that vessels affected by this rule are owned or operated by small 
entities, but by the federal government. In addition, the acceptable 
paper charts currently authorized are not printed or produced by small 
entities. Therefore, the Coast Guard believes that few, if any, small 
entities would be affected either directly or indirectly by this rule.
    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. Comments submitted in response to this 
finding will be evaluated under the criteria in the ``Regulatory 
Information'' section of this preamble.

Collection of Information

    This rule does not provide for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132, and has determined that 
this rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment. This rulemaking 
only applies to Federal Government owned or operated public vessels. 
Therefore, since States may not regulate such vessels, a Federal 
Assessment is unnecessary.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34)(d) of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. The Coast Guard believes this rule would 
have no significant effect on the environment or any effect on 
regulations involving the environment. The Coast Guard does recognize 
this rule may even have a positive effect on the environment by 
minimizing the risk of environmental harm resulting from vessel 
groundings. 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.


    For the reasons discussed 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. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also 
issued under 46 U.S.C. 6101.

    2. In Sec. 164.01, revise paragraph (a), and add paragraph (c) to 
read as follows:


Sec. 164.01  Applicability.

    (a) This part (except as specifically limited by this section) 
applies to each self-propelled vessel of 1600 or more gross tons 
(except as provided in paragraph (c) of this section, or for foreign 
vessels described in Sec. 164.02) when it is operating in the navigable 
waters of the United States except the St. Lawrence Seaway.
    (b) * * *
    (c) Provisions of Secs. 164.11(a)(2) and (c), 164.30, and 164.33 do 
not apply to warships or other vessels owned, leased, or operated by 
the United States Government and used only in government noncommercial 
service when these vessels are equipped with electronic navigation 
systems that have met the applicable agency regulations regarding 
navigation safety.

    Dated: January 19, 2001.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-10834 Filed 5-1-01; 8:45 am]
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