[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9537-9547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4408]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 160

[USCG-2002-11865]
RIN 2115-AG35


Notification of Arrival in U.S. Ports

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing its notification of arrival and 
departure requirements for vessels bound for or departing from ports or 
places in the United States. This rule permanently changes the notice 
of arrival requirements in 33 CFR part 160. It replaces the temporary 
rule that has been in place since October 4, 2001. This rule 
consolidates the Notice of Departure into the Notice of Arrival; 
requires electronic submission of cargo manifest information to the 
United States Customs Service; and requires additional crew and 
passenger information. These permanent changes will help to ensure 
public safety, security, and the uninterrupted flow of commerce.

DATES: This final rule is effective April 1, 2003.

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-2002-11865 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LTJG Kimberly Andersen, U.S. Coast Guard (G-MP), at 202-267-2562. 
If you have questions concerning U.S. Customs Service procedures, call 
Kimberly Nott at 202-927-0042. If you have questions on viewing the 
docket, call Dorothy Beard, Chief, Dockets, Department of 
Transportation, at 202-366-5149.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 4, 2001, we published a temporary final rule entitled 
``Temporary Requirements for Notification of Arrival in U.S. Ports'' in 
the Federal Register (66 FR 50565). Subsequently, we published two 
corrections in the Federal Register (November 19, 2001 (66 FR 57877) 
and January 18, 2002 (67 FR 2571)). The temporary rule increased the 
submission time for a Notice of Arrival (NOA) from 24 to 96 hours prior 
to arriving at a U.S. port; required centralized submissions; 
temporarily suspended exemptions from reporting requirements for some 
groups of vessels; and required submission of passenger, crew, and 
cargo information. The

[[Page 9538]]

effective period of the temporary rule was extended twice, first until 
September 30, 2002 (May 30, 2002 (67 FR 37682)), and then again through 
March 31, 2003 (August 28, 2002 (67 FR 55115)). The second extension 
allowed us to complete the rulemaking for permanent changes.
    On June 19, 2002, we published a notice of proposed rulemaking in 
the Federal Register entitled ``Notification of Arrival in U.S. Ports'' 
(67 FR 41659). We received 21 comments addressing our proposal to 
permanently change the NOA requirements. No public hearing was 
requested and none was held.

Background and Purpose

    This rule permanently changes the NOA requirements in 33 CFR part 
160. It replaces the temporary rule issued in response to the attacks 
on September 11, 2001, and contains most of the same NOA requirements 
that have been in place since October 4, 2001.
    Currently, owners, agents, masters, operators, or persons in charge 
of vessels bound for U.S. ports must file an NOA before they enter 
port. (Persons required to submit reports will hereafter in this 
preamble be called ``submitters.'') In our notice of proposed 
rulemaking (NPRM) we proposed the following:
    [sbull] Requiring additional information items in NOA reports;
    [sbull] Requiring electronic submissions of cargo manifest 
information to the United States Customs Service (USCS);
    [sbull] Requiring earlier submission times for NOAs;
    [sbull] Revising requirements for reporting changes to submitted 
information;
    [sbull] Merging the Notice of Departure (NOD) requirements with the 
NOA requirements;
    [sbull] Allowing consolidated NOA reports for multiple port 
arrivals;
    [sbull] Requiring centralized NOA submissions;
    [sbull] Revising exemptions from NOA requirements; and
    [sbull] Updating definitions.
    Each of these issues is discussed in more detail in the remainder 
of the preamble.

Discussion of Comments and Changes

    We received 21 comments on the proposed rule. Generally, the 
comments recognized our need to increase the amount and type of 
information required in an NOA and the need for earlier submission of 
that information. Comments focused generally on:
    [sbull] Format and readability of the regulation;
    [sbull] Specific exemptions from NOA requirements;
    [sbull] Suggestions for reporting requirements for ``certain 
dangerous cargo;''
    [sbull] Recommendations for a single submission of information to 
meet the needs of multiple agencies;
    [sbull] Electronic submissions;
    [sbull] Questions about the proposed requirement for submission of 
the cargo manifest to USCS;
    [sbull] Requests for additional definitions in part 160; and
    [sbull] Suggestions for changes to information required in an NOA.
    Each of these groups of comments is discussed in more detail in the 
following paragraphs.
    Format of regulation. A number of comments said the NPRM was 
difficult to read and understand. We agree. For ease of understanding, 
we have reformatted the requirements and renumbered the sections for 
this final rule. Many of the information requirements are also now 
provided in table format.
    The current codification of part 160 contains both permanent and 
temporary sections, which are being changed by this rule. We are, 
therefore, republishing subpart C in its entirety for the public's 
convenience until the next CFR recodification.
    Exemptions. We received nine comments related to exemption from NOA 
reporting. Six comments recommended exempting towing vessels that are 
in domestic service and not carrying CDC. We agree. This rule exempts 
towing vessels and barges not carrying CDC or controlling another 
vessel carrying CDC that are operating solely between ports or places 
in the continental U.S. from NOA reporting requirements.
    One comment requested that Mobile Offshore Drilling Units (MODUs) 
moving between operating locations under U.S. jurisdiction be exempt 
from the NOA requirements. The comment suggested that the report 
required by 33 CFR 146.202, which notifies the Captain of the Port 
(COTP) 14 days before a MODU arrives or changes its location on the 
Outer Continental Shelf (OCS), should be used to meet the NOA 
requirements. The Coast Guard disagrees and has not exempted MODUs from 
the NOA requirements in this rule. The NOA information is different 
from that required by Sec.  146.202. The MODU's arrival or change of 
location on the OCS does not require submission of an NOA, only the 
notification to the District Commander required by Sec.  146.202. If a 
MODU is leaving the OCS to arrive at a U.S. port the MODU must comply 
with the NOA submission requirement in this rule.
    One comment recommended exempting Aleutian Trade Act fish tenders. 
The comment explained that these fish tenders operate in the remote 
reaches of Alaska and their movements are unpredictable; it also 
explained that these fish tenders sail only between U.S. Ports, are 
U.S. owned, and that 98% of the crew are American citizens. The comment 
also stated that they do not carry bulk hazardous cargo. Because this 
issue is specific to Alaska, it can appropriately be addressed by the 
local COTP who, under Sec.  160.214, may waive provisions of this 
subpart.
    One comment recommended eliminating the exemption for passenger and 
supply vessels when they are employed in continental shelf resource 
exploration or extraction. The comment stated, ``Logic would dictate 
that the offshore rigs could be used as a vehicle to aid in terrorism. 
Passenger and supply vessels often carry a myriad of hazardous 
materials including explosives.'' Two comments responded, disagreeing 
and urging Coast Guard to keep the exemption. The Coast Guard is not 
changing the exemption for these vessels.
    One comment asked us to clarify who is required to report above or 
below mile 235 on the Mississippi River. Specifically, the comment 
asked if domestic barges not carrying CDC were required to report on 
this body of water.
    We have revised the proposed regulatory text to more clearly state 
that all vessels are exempt when operating on the Mississippi River 
above mile 235, Above Head of Passes, including the tributaries and the 
Atchafalaya River above its junction with the Plaquemine-Morgan City 
alternate waterway and the Red River, the Tennessee River from its 
confluence with the Ohio River to mile zero on the Mobile River and all 
other tributaries between those two. NOA requirements for vessels 
operating below mile 235 on the Mississippi River are the same as any 
other location in the U.S. covered by this rule.
    Certain Dangerous Cargo. We received three (3) comments regarding 
the definition of Certain Dangerous Cargo (CDC). The comments state 
that the list of CDCs included in the requirement for NOA submission is 
too broad and that it impedes the collection of information on cargoes 
that pose the greatest risk to maritime safety and security. The 
comments suggest the Coast Guard limit the CDC definition to include 
only those cargoes that pose the greatest risk to maritime safety and 
security. They also recommend the Coast Guard use the list of high 
consequence cargoes in the AWO Security Plan (a list developed with

[[Page 9539]]

input from the towing industry and Coast Guard representatives) to 
define CDC for this rule.
    The Coast Guard agrees that the definition of CDC should be limited 
to those cargoes that pose the greatest risk to maritime safety and 
security. The Coast Guard conducted a comprehensive review of cargoes, 
which included a review of the CDC list in the NPRM and the high 
consequence cargo list in the AWO Security Plan. As a result of the 
review we revised the list of CDCs described in the NPRM to include 
only those cargoes that currently pose the greatest risk to maritime 
safety and security.
    Duplicate Reporting. Several comments said they were submitting the 
same information to different federal agencies and recommended a single 
submission of information. Many remarked that they would welcome the 
submission of an electronic data file to a central depository, where 
submissions could then be accessed by or forwarded to each agency 
needing the information.
    We agree and we are currently working to integrate information and 
data requirements with other government agencies. Once we have this 
capability, we will revise our reporting requirements.
    We also received a comment that COTPs were still asking companies 
to send their NOA to the COTP, even though it had already been 
submitted to the National Vessel Movement Center (NVMC). This final 
rule requires the submission of an NOA to the COTP only for vessels 300 
gross tons or less entering a port or place in the Seventh Coast Guard 
District. Questions about requests from COTPs for duplicate submissions 
should be referred to LTJG Kimberly Andersen at the phone number in FOR 
FURTHER INFORMATION CONTACT.
    National Vessel Movement Center. Four comments asked about the 
methods for submitting information to the NVMC. The NPRM proposed three 
methods for submitting NOAs to the NVMC: telephone (1-800-708-9823), 
fax (1-800-547-8724), and e-mail. Two comments stated that vessels 
calling or faxing through INMARSAT are unable to use 1-800 numbers. An 
alternate phone number (304) 264-2502 and fax number (304) 264-2684 
have been added for vessels using INMARSAT.
    Another comment requested that e-mail be a submission method. E-
mail has always been an option for submitting NOAs and remains an 
option in this final rule. General information about the NVMC and 
methods for submission are available on the NVMC Web site at http://www.nvmc.uscg.gov/.
    Electronic Submissions. This rule will not mandate electronic 
submissions of NOA reports. You may, however, continue to choose to use 
the voluntary electronic format available on the NVMC website. As 
mentioned under duplicate reporting, we will continue to work with 
other government agencies on a common format for electronic data 
submissions.
    In our NPRM, we asked six questions related to electronic 
submission and we received four comments answering some, or all of, 
these questions. The six questions and corresponding answers are as 
follows:
    1. ``What are your information security concerns regarding 
electronic submissions of NOA?'' Of the two comments that responded to 
this question, both stated there were no security concerns. One of the 
comments stated that their ships already have known, published 
schedules. The other comment stated that their member lines already 
submit NOAs electronically and they assumed the electronic 
transmissions were being sent to and via a secure website.
    2. ``Would you allow the Coast Guard to forward all or parts of 
your NOA information to entities such as marine exchanges or port 
authorities as a value added service to facilitate information sharing 
at the port level?'' Of the three comments that responded to this 
question, one encouraged the forwarding of NOA information to other 
entities and one objected. The comment objecting to sharing information 
stated that it was not apparent what added security benefits it would 
provide and that it might lead to greater security risks. The comment 
also stated that they would want to know ``exactly what kind of 
information would lend itself to such information sharing.'' The third 
comment stated that they would not object to forwarding this 
information if the Coast Guard determined sharing this information was 
absolutely necessary and under the condition that ``all such 
information would not be shared with the general public.''
    3. ``If the Coast Guard produced a desktop application that allowed 
you to create, manage, and automatically submit NOA via email, would 
you use it?'' Of the three comments that responded to this question, 
one said they already submit their NOA via email and that the current 
formats should continue to be allowed alongside future desktop 
applications. The second said they ``would most likely utilize a CG 
desktop application.'' They also said it would have to be deployable on 
board ship and be compatible with INMARSAT, along with a capability to 
be transmitted in a compressed format to reduce transmission costs. The 
third comment stated that the ``cost passed on to those purchasing the 
program would outweigh any benefit derived by industry.''
    4. ``Which electronic means for submitting NOAs would you prefer? 
(e.g.: HTML, SMTP, FTP)'' Each of the four comments responded to this 
question with different answers. One gave no preference. The second 
also gave no preference but acknowledged that some are more secure than 
others. This same comment recommended we ensure ``one set of standards 
for all government agencies or the government agencies should have the 
capability to receive all protocols and programs.'' A third comment 
stated they ``do not regard these means to be mutually exclusive, and 
would encourage that as many options be made available to submitters as 
technically feasible.'' The final comment rank ordered their 
preferences beginning with SMTP, then FTP, and finally HTTP. This 
comment also recommended that vessels without these capabilities be 
allowed to continue to use fax and e-mail.
    5. ``What are your information security concerns if the Coast Guard 
allowed you to send your NOA to an FTP (File Transfer Protocol) server 
or web server in the public domain?'' None of the questions listed any 
security concerns related to FTP servers or web servers, but one 
suggested ``Encryption: PKI scheme based encryption (PGP).''
    6. ``If the Coast Guard provided an XML (Extensible markup 
language) data specification for NOA, would you be able to generate XML 
documents and submit them via email or other means?'' Of the three 
comments responding to this question, one stated that they believe they 
could install an XML plug-in; the second said the format method should 
be XML; and the third stated, ``* * * relatively few shipping companies 
today have the capability of generating XML documents for NOA 
submissions.'' The third comment also reemphasized that no single 
electronic means should become the exclusive method for submission.
    Several comments also requested that in the future we continue to 
maintain the phone and fax options for NOA submission. Although we are 
not requiring electronic submission of NOA information to the NVMC in 
this rule, we are working on electronic submission issues and 
considering the responses to these questions.
    Who May Submit. In the NPRM, we asked whether we should accept NOA 
submissions from only the vessel owner and operator, or from only the 
owner,

[[Page 9540]]

operator and authorized agent (including shipping agents and marine 
exchanges) of the vessel. We specifically requested comments on how 
either of these changes would affect the method of NOA submission used 
by the submitter.
    Five comments responded to this issue. All of them recommended that 
no change be made and that we continue to accept NOA submissions from 
``...the owner, agent, master, operator, or person in charge of a 
vessel...''. The Coast Guard agrees and this provision remains 
unchanged in this final rule.
    Cargo Manifest (Cargo Declaration--Customs Form 1302). We received 
several comments stating that the Coast Guard should not require 
electronic submission of the cargo manifest to USCS. The comments 
stated that the cargo manifest submission is already required by USCS 
and the Coast Guard requirements were different.
    We disagree. This requirement is not redundant--a single submission 
of the Cargo Manifest meets the requirements of both Coast Guard and 
USCS. The Coast Guard and USCS are working together to obtain vessel 
arrival information in an automated format that will meet the 
requirements of both agencies. Including this requirement in the Coast 
Guard's final rule is one step toward this end.
    Definitions. Several comments requested additional definitions for 
``domestic voyage,'' and ``barge.'' This final rule adds definitions 
for ``barge,'' ``crewmember,'' ``nationality,'' and ``persons in 
addition to crewmembers.'' We are also revising the definition for 
``certain dangerous cargo,'' as discussed previously in this preamble. 
The term domestic voyage is no longer used in this subpart, and 
therefore, no definition is required.
    Another comment asked for a clarification of the definition of 
crewmember because it was unclear as to what category company 
personnel, contractors, or other supernumerary persons belonged. The 
comment stated these persons would be included on the list of ``persons 
in addition to the crew''. The Coast Guard agrees that these persons 
are considered ``persons in addition to the crew''. The comment 
requested a clarification because it would be important for purposes of 
mandatory training required by STCW for crewmembers; requirements of 
Passenger Services Act; and legal benefits tendered to crewmembers 
under maritime law. However, the definition of ``crewmember'' in this 
rule applies only to 33 CFR part 160, subpart C. It does not affect 
regulations concerning these other issues. Therefore, the Coast Guard 
is not changing the definition of ``crewmember'' in this final rule.
    Information Required in an NOA. Six comments discussed specific 
information items in the NOA. These items included ``crewmember 
information,'' ``operational condition,'' ``any other name by which 
each individual has been known,'' ``last five ports or places 
visited,'' and ``24-hour Point of Contact (POC).''
    One comment stated that the reporting requirements for crewmembers 
were excessive and unjustified. This information is necessary for 
safety and security purposes and we will continue to require it. 
However, the Coast Guard recognizes the fact that crewmembers may 
change positions frequently. For this reason, we have added a provision 
to Sec.  160.208 that states that a notice of change need not be 
submitted when a change occurs to a crewmember's position or duty on 
the vessel.
    One comment questioned the need for a barge to report the 
operational condition of the equipment under 33 CFR 164.35. This 
operational condition report applies to self-propelled vessels of 1600 
or more gross tons and would not, therefore, be applicable to a barge. 
Further, barges operating solely between ports and places in the 
continental U.S. are exempt from the NOA requirements, unless they are 
carrying CDC. If they are carrying CDC, we require a consolidated NOA 
from the towing vessel on both the towing vessel and the barge(s) it is 
controlling.
    Five comments questioned the necessity for reporting any other name 
including alias, nickname, maiden name, professional or stage name by 
which an individual has been known. Comments stated that this 
information is not required on INS Form I-418; it is difficult to 
produce and/or verify; and the Coast Guard should not require it. We 
agree, and we have removed it from this final rule.
    Several comments questioned the need for requiring the last five 
ports of call from all vessels. Comments stated that cruise ships and 
domestic inland barge traffic should be exempt from providing the last 
five ports of call. We agree that vessels operating solely between 
ports or places in the continental U.S. should only be required to 
provide the destination(s) and last port of call. Vessels that have 
arrived from or have stopped in foreign ports, however, are required to 
provide their last five ports of call.
    We received one comment asking for clarification on the meaning of 
``Name and telephone number of a 24-hour point of contact (POC) for 
each port included in the notice of arrival.'' A new POC need not be 
provided for each port, nor must the POC be located at that port. We 
have changed the regulatory text to read as follows: ``name and 
telephone number of a 24-hour point of contact.''
    Submission Timeframe. One comment asked the Coast Guard to 
reconsider requiring estimated departure date and time, as well as 
updates to these times, if the change was more than six hours for 
vessels not carrying CDC. The comment stated it places undue burden on 
the industry and results in an unmanageable amount of update filings to 
the NVMC. Coast Guard COTPs need this information for safety and 
security reasons. We will continue to require NOA information on 
estimated departure date and time, as well as updates to those times, 
when the arrival or departure time has changed by six hours or more.

Discussion of Rule

    Required elements in NOA reports. This rule requires the following 
information be submitted in an NOA: vessel, cargo, and persons on 
board. Submitters are to identify each of their destinations by listing 
the names of the receiving facility, the port or place in the U.S., the 
city, and the state, as well as indicate the location or position of 
the vessel at the time of reporting. Submitters also must provide a 
general description of cargo aboard the vessel. The description will 
inform the Coast Guard if the vessel is carrying items such as grain, 
oil, containers, etc. Submitters will also identify where each 
crewmember and each person in addition to crewmembers embarked.
    Based on experience with the temporary rule, we have removed the 
reporting information on the stowage location. We feel this information 
is adequately covered by the cargo manifest requirements in entry 8 of 
Table 160.206.
    Cargo Manifest Information. The Coast Guard is requiring the 
vessel's cargo manifest information as described in 19 CFR 4.7(a). This 
requirement is in addition to entry (3)(i) in table 160.206, ``general 
description of the cargo'', and will consist of the information 
contained in the cargo declaration (Customs Form 1302). Cargo manifest 
information is necessary to assess vessels entering U.S. ports for 
potential threats to the national security and to appropriately respond 
to those threats.
    The Coast Guard does not have the capability at NVMC to receive and 
process the cargo manifest information. The USCS, however, does have an

[[Page 9541]]

existing capability to receive, process, and share the information with 
the Coast Guard. The cargo manifest information is to be submitted 
electronically to USCS through the Sea Automated Manifest System (AMS) 
at least 96 hours before the vessel arrives at a U.S. port, while all 
other required NOA information is to be submitted to the NVMC. A single 
electronic submission of the cargo manifest information (Customs Form 
1302) to USCS will satisfy the requirements of both agencies for 
submission of that data.
    To transmit information electronically to USCS, a submitter must be 
able to use Sea AMS. To enroll in Sea AMS, a submitter must first call 
the USCS at 703-921-7500 or send a letter to the following address 
requesting participation in the Sea AMS program: U.S. Customs Service, 
Client Representative Branch, 7501 Boston Blvd. Rm. 211, Springfield, 
VA 22153. Upon receiving an inquiry, a USCS client representative will 
be assigned to work with the submitter. This representative will serve 
as a technical advisor establishing a Sea AMS interface. Establishing 
an interface for participation can require as little as two weeks or up 
to several months, depending on the particular method chosen. This 
rule, therefore, provides a 90-day delay in implementation of the 
requirement to submit the cargo information to USCS. This 90-day period 
should provide sufficient time for submitters to either enroll in Sea 
AMS or find a submission agent who is already able to use Sea AMS.
    AMS will allow participants to transmit manifest information 
electronically 96 hours prior to vessel arrival. There are four methods 
of transmitting data to AMS: (1) Establish a direct connection with 
USCS; (2) use a service provider; (3) use a port authority; and (4) 
purchase software from a vendor. For general information related to 
AMS, visit the USCS Automated Commercial System Web site at http://www.customs.gov/xp/cgov/import/operations_support/automated_systems/ams/sea_features.xml.
    Of vessels already required to submit a ``cargo manifest'' to USCS, 
approximately 95 percent submit the manifest information 
electronically. The new Coast Guard requirement only affects vessels 
not currently submitting electronically to Customs. The requirement to 
submit the cargo manifest information electronically will not apply to 
vessels on a domestic voyage in the United States.
    Submission times for NOA. In the temporary rule, we increased the 
times for submitting an NOA. This rule requires most vessels to submit 
NOAs at least 96 hours before arrival in the United States. Towing 
vessels, when in control of a barge or barges carrying CDC and 
operating solely between ports or places in the continental United 
States, must submit an NOA before departure but at least 12 hours 
before entering the port or place of destination. Except for these 
vessels, this rule contains the same submission times established in 
our temporary rule.
    Submission times for Cargo Declaration (Customs Form 1302). To 
align USCS and Coast Guard cargo declaration requirements, we have 
created two new exceptions to the submission times for Cargo 
Declaration. Except for vessels carrying containerized cargo or break 
bulk cargo, vessels carrying bulk cargo may submit the Cargo 
Declaration before departure but at least 24 hours before entering the 
U.S. port or place of destination. Vessels carrying break bulk cargo 
operating under a USCS exemption granted under 19 CFR 4.7(b)(4)(ii) 
may, during the effective period of the USCS exemption, submit the 
Cargo Declaration before departure but at least 24 hours before 
entering the U.S. port or place of destination.
    Exemptions in this rule from submitting NOAs or particular items in 
an NOA apply only to the provisions of this subpart. No exemption in 
this subpart affects USCS or other agency requirements to submit 
arrival information, particularly the USCS requirement to submit the 
Cargo Declaration 24 hours prior to lading in a foreign port. In these 
instances, however, the Coast Guard expects that if a vessel complies 
with the USCS requirements for submitting 24 hours before lading, that 
it will also meet the times for submission of that information under 
this subpart. Thus, one submission will meet the separate requirements 
of two agencies for the same information.
    Reporting changes to submitted NOA information. Changes to NOAs 
must be reported as soon as practical but not less than 6, 12, or 24 
hours prior to entering port depending on vessel and voyage 
characteristics. When reporting changes, a complete resubmission of an 
entire report is not necessary.
    Notice of Departure. The Coast Guard has combined all of the 
information elements of a NOD and an NOA into a single NOA report. Both 
notices contained duplicate reporting elements, although the NOD 
required the submission of one additional element. The additional 
element (the estimated date and time of departure) is now included in 
the NOA, thereby eliminating reporting the same information twice and 
reducing the reporting burden.
    Consolidated NOA Submission. Submitters are allowed to file a 
single NOA listing all consecutive U.S. destinations during the voyage, 
along with estimated arrival and departure dates and times for each 
port.
    Towing vessels controlling a barge that is required to submit an 
NOA under this subpart must submit only one NOA containing the 
information required for the towing vessel and each barge under its 
control.
    Require centralized submissions. All NOA reports will continue to 
go to the NVMC instead of to individual COTPs. Vessels of 300 gross 
tons or less operating in the Seventh Coast Guard District will 
continue to submit NOA reports to cognizant COTPs.
    Vessels transiting inbound on the Saint Lawrence Seaway are able to 
meet the NOA reporting requirements by continuing to fax their NOA 
submissions to the Saint Lawrence Seaway Development Corporation 
(SLSDC) and the Saint Lawrence Seaway Management Corporation of Canada. 
The SLSDC will forward each vessel's NOA report to the Coast Guard. The 
cargo manifest must be submitted electronically to USCS.
    Exemptions from NOA reporting. The temporary final rule suspended 
reporting exemptions for vessels complying with Automated Mutual 
Assistance Vessel Rescue System (AMVER), certain vessels operating 
solely on the Great Lakes, and vessels operating on a regularly 
scheduled route. As proposed in our NPRM, these exemptions have been 
permanently removed.
    Under this rule, U.S. vessels, except tank vessels, operating 
solely between U.S. ports on the Great Lakes are exempt from reporting. 
Canadian vessels, U.S. tank vessels coming from a foreign port, and 
vessels complying with AMVER are required to submit an NOA report. 
Vessels operating on a regularly scheduled route are required to submit 
an NOA report.
    Charterers. We have added a NOA requirement to submit the name of 
the vessel charterer. This change will continue the requirement (August 
19, 2002 (67 FR 53735)) contained in the temporary rule.

Regulatory Evaluation

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

[[Page 9542]]

Planning and Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order. The Office of 
Management and Budget (OMB) has not reviewed it under that Order. It is 
not ``significant'' under the regulatory policies and procedures of the 
Department of Transportation (DOT)(44 FR 11040, February 26, 1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. We present this 
Regulatory Evaluation for the purposes of information. A more detailed 
analysis can be found in the public docket under ADDRESSES.
    Evaluation. The regulatory baseline for this rule is the NOA and 
NOD reporting requirements in 33 CFR part 160 that are to be amended by 
this rulemaking. At the present, the requirements of part 160 that we 
are amending are temporarily suspended. During the suspension period of 
these requirements there has been a temporary final rule in place since 
October 4, 2001. The temporary reporting requirements are not addressed 
in this analysis. This means that the cost of the rule is estimated as 
the incremental expenditure required to meet the provisions of the rule 
in absence of the temporary rule published October 4, 2001.
    The cost for complying with the rule will differ depending on the 
type of vessel submitting the report. Owners and operators of non-
AMVER/non-Great Lakes vessels will have to submit lists of the crew and 
persons in addition to the crew (information they already have to 
submit to INS). Additionally, these vessels must provide detail on the 
persons aboard the vessel (e.g., port where embarked). Owners and 
operators of AMVER and Great Lakes vessels may complete the INS forms 
(which they did not have to provide previously), the crew lists, and 
the crew detail.
    The cost of the rule to industry is presented below based on the 
average number of annual arrivals for 1998 and 1999.

                               Annual Cost and Benefit of the Rule (2003 dollars)
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per
                           NOA report                                Arrivals         arrival       Annual cost
----------------------------------------------------------------------------------------------------------------
Non-AMVER/Non-Great Lakes.......................................          63,286          $95.17      $6,022,715
AMVER...........................................................           4,040          141.75         572,603
Great Lakes.....................................................             813          141.75         115,243
                                                                                                 ---------------
    Totals......................................................  ..............  ..............      $6,710,561
----------------------------------------------------------------------------------------------------------------

    As shown, the rule is estimated to cost $6.7 million annually. Over 
the next 10 years, the Present Value (PV) cost of the rule is $50.4 
million (2003-2012, 7 percent discount rate, 2003 dollars).
    The non-quantifiable benefit of the rule is--
    [sbull] Providing relevant information about an applicable vessel's 
cargo, crewmembers, and passengers as well as a threat it may pose; and
    [sbull] Providing more time to evaluate, analyze, and respond to 
the information collected.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 fewer than 50,000.
    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.

Assistance for Small Entities

    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).

Collection of Information

    This rule calls for a collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520). It modifies an existing 
OMB-approved collection--2115-0557. A summary of the revised collection 
follows.
    Title: Advance Notice of Vessel Arrival and Departure.
    OMB Control Number: 2115-0557.
    Summary of the Collection of Information: The Coast Guard requires 
pre-arrival messages from any vessel entering a port or place in the 
United States. This rule will amend 33 CFR part 160 to permanently 
require:
    [sbull] Earlier receipt of the notice of arrival--96 hours instead 
of 24 hours--from vessels currently required to provide advance 
notification of arrival;
    [sbull] Submission of NOA reports to a central clearinghouse, the 
National Vessel Movement Center;
    [sbull] Removal of the current exemption from notice of arrival 
reporting requirements for vessels operating in compliance with the 
Automated Mutual Assistance Vessel Rescue System, some vessels 
operating on the Great Lakes, and vessels on scheduled routes; and
    [sbull] Additional information about crewmembers, passengers, 
cargoes on board the vessel to be provided as items in the notice of 
arrival report.
    Need for Information: To ensure port safety and security and to 
ensure the uninterrupted flow of commerce, the Coast Guard must 
permanently change regulations relating to the notifications of arrival 
requirements.
    Proposed Use of Information: This information is required to 
control vessel traffic, develop contingency plans, enforce regulations, 
and enhance maritime security.
    Description of the Respondents: Respondents are owners and 
operators of vessels that arrive at or depart from a port or place in 
the United States after departing from foreign ports.
    Number of Respondents: The existing OMB-approved collection number 
of respondents is 10,367 (respondents are owners/operators of the 
vessels calling on U.S. ports annually). This rule will not increase 
the number of respondents.
    Frequency of Response: Owners/operators of vessels making calls in 
U.S. ports will submit NOA reports as necessary. The existing OMB-
approved collection number of responses is 68,139 (responses are 
arrivals at and departures from U.S. ports). This rule

[[Page 9543]]

will not increase the number of responses.
    Burden of Response: The existing OMB-approved collection burden of 
response is approximately 15 minutes (0.250 hours) (burden of response 
is the time required to complete the paperwork requirements of the rule 
for a single response). This rule will increase the burden of response 
by an average of 60 minutes (1.000 hour) and decrease the burden of 
response by 1 minute (0.017 hours) for a net total of 74 minutes (1.233 
hours).
    Estimate of Total Annual Burden: The existing OMB-approved 
collection total annual burden is 39,037 hours (total annual burden is 
the time required to complete the paperwork requirements of the rule 
for all responses). This rule will increase the total annual burden by 
136,278 hours and decrease total annual burden by 1,136 hours for a net 
total of 174,179 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we submitted a copy of this rule to OMB for its review and 
approval of the revised collection of information. The existing OMB-
approved collection (2115-0557) expires on March 31, 2003.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. If OMB does not 
approve this revised collection of information, we will publish a 
notice in the Federal Register of OMB's decision.

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 will 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 to the extent states have a 
current requirement in effect for notices of vessel arrivals to a state 
agency, e.g., notices to pilot authorities for pilot services, we do 
not intend to preempt those requirements with this rule.
    However, we reserve our position with respect to preemption of any 
prospective new state rule or legal requirement for an advance notice 
of arrival or submission of information requirements that are similar 
to those set forth in this rule. The U.S. Supreme Court in United 
States v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000), held that pursuant 
to title I of the Ports and Waterways Safety Act (the authority for 
this rule), the Coast Guard can preempt conflicting or similar State 
requirements on vessel operation. The Court held also that Congress had 
preempted the field of marine casualty reporting. Accordingly, based on 
the Supreme Court's holding in the Locke case, we believe that any 
prospective state requirement for a notice of arrival or information 
gathering requirement directed at vessel owners, or operators, that is 
similar to that contained in this rule is inconsistent with the 
federalism principles enunciated in that case, and is preempted.''

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.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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 will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

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.

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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(a), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rule changes the requirements in the 
notification of arrival regulations. They are procedural in nature and 
therefore are categorically excluded. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 160

    Administrative practice and procedure; Harbors; Hazardous materials 
transportation; Marine safety; Navigation (water); Reporting and 
recordkeeping requirements; Vessels; Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 160 as follows:

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

    1. The authority citation for part 160 is revised to read as 
follows:

    Authority: 33 U.S.C. 1223, 1226, 1231; 49 CFR 1.46.
    Subpart C is also issued under the authority of 33 U.S.C. 1225 and 
46 U.S.C. 3715.

    2. Revise Subpart C to read as follows:
Subpart C--Notifications of Arrival, Hazardous Conditions, and Certain 
Dangerous Cargoes
160.201 General.
160.202 Applicability.
160.203 Exemptions.
160.204 Definitions.
160.206 Information required in an NOA.
160.208 Changes to a submitted NOA.
160.210 Methods for submitting an NOA.
160.212 When to submit an NOA.
160.214 Waivers.
160.215 Notice of hazardous conditions.

[[Page 9544]]

Subpart C--Notification of Arrival, Hazardous Conditions, and 
Certain Dangerous Cargos


Sec.  160.201  General.

    This subpart contains requirements and procedures for submitting 
Notices of Arrival (NOA) and Notice of Hazardous Condition. The 
sections in this subpart describe:
    (a) Applicability and exemptions from requirements in this subpart;
    (b) Required information in an NOA;
    (c) Required changes to an NOA;
    (d) Methods and times for submission of an NOA and changes to an 
NOA;
    (e) How to obtain a waiver; and
    (f) Requirements for submission of the Notice of Hazardous 
Conditions.


Sec.  160.202  Applicability.

    (a) This subpart applies to U.S. and foreign vessels bound for or 
departing from ports or places in the United States.
    (b) This subpart does not apply to recreational vessels under 46 
U.S.C. 4301 et seq.
    (c) Unless otherwise specified in this subpart, the owner, agent, 
master, operator, or person in charge of a vessel regulated by this 
subpart is responsible for compliance with the requirements in this 
subpart.
    (d) Towing vessels controlling a barge or barges required to submit 
an NOA under this subpart must submit only one NOA containing the 
information required for the towing vessel and each barge under its 
control.


Sec.  160.203  Exemptions.

    (a) Except for reporting notice of hazardous conditions, the 
following vessels are exempt from requirements in this subpart:
    (1) Passenger and supply vessels when they are employed in the 
exploration for or in the removal of oil, gas, or mineral resources on 
the continental shelf.
    (2) Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill 
response operations or during spill response exercises.
    (3) Vessels operating upon the following waters:
    (i) Mississippi River between its sources and mile 235, Above Head 
of Passes;
    (ii) Tributaries emptying into the Mississippi River above mile 
235;
    (iii) Atchafalaya River above its junction with the Plaquemine-
Morgan City alternate waterway and the Red River; and
    (iv) The Tennessee River from its confluence with the Ohio River to 
mile zero on the Mobile River and all other tributaries between those 
two points.
    (b) If not carrying certain dangerous cargo or controlling another 
vessel carrying certain dangerous cargo, the following vessels are 
exempt from NOA requirements in this subpart:
    (1) Vessels 300 gross tons or less, except for vessels entering any 
port or place in the Seventh Coast Guard District as described in 33 
CFR 3.35-1(b).
    (2) Vessels operating exclusively within a Captain of the Port 
Zone.
    (3) Vessels arriving at a port or place under force majeure.
    (4) Towing vessels and barges operating solely between ports or 
places in the continental United States.
    (5) Public vessels.
    (6) Except for tank vessels, U.S. vessels operating solely between 
ports or places in the United States on the Great Lakes.
    (c) Vessels less than 500 gross tons need not submit the 
International Safety Management (ISM) Code Notice (Entry (7) to Table 
160.206).
    (d) Vessels operating solely between ports or places in the 
continental United States need not submit the Cargo Declaration 
(Customs Form 1302), (Entry (8) to Table 160.206).
    (e) This section does not exempt any vessel from compliance with 
the U.S. Customs Service (USCS) reporting or submission requirements.


Sec.  160.204  Definitions.

    As used in this subpart:
    Agent means any person, partnership, firm, company or corporation 
engaged by the owner or charterer of a vessel to act in their behalf in 
matters concerning the vessel.
    Barge means a non-self propelled vessel engaged in commerce.
    Carried in bulk means a commodity that is loaded or carried on 
board a vessel without containers or labels and received and handled 
without mark or count.
    Certain dangerous cargo (CDC) includes any of the following:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
    (2) Division 1.5D blasting agents for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 
that is also a ``material poisonous by inhalation'' as defined in 49 
CFR 171.8, and that is in a quantity in excess of 1 metric ton per 
vessel.
    (4) Division 5.1 oxidizing materials for which a permit is required 
under 49 CFR 176.415 or for which a permit is required as a condition 
of a Research and Special Programs Administration exemption.
    (5) A liquid material that has a primary or subsidiary 
classification of Division 6.1 ``poisonous material'' as listed in 49 
CFR 172.101 that is also a ``material poisonous by inhalation,'' as 
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in 
a quantity in excess of 20 metric tons per vessel when not in a bulk 
packaging.
    (6) Class 7, ``highway route controlled quantity'' radioactive 
material or ``fissile material, controlled shipment,'' as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that 
is flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids:
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile, and
    (viii) Oleum (fuming sulfuric acid).
    Charterer means the person or organization that contracts for the 
majority of the carrying capacity of a ship for the transportation of 
cargo to a stated port for a specified period. This includes ``time 
charterers'' and ``voyage charterers.''
    Crewmember means all persons carried on board the vessel to provide 
navigation and maintenance of the vessel, its machinery, systems, and 
arrangements essential for propulsion and safe navigation or to provide 
services for other persons on board.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence 
River as far as Saint Regis, and adjacent port areas.
    Gross tons means the tonnage determined by the tonnage authorities 
of a vessel's flag state in accordance with the national tonnage rules 
in force before the entry into force of the International Convention on 
Tonnage Measurement of Ships, 1969 (``Convention''). For a vessel 
measured only under Annex I of the Convention, gross tons means that 
tonnage. For a vessel measured under both systems, the higher gross 
tonnage is the tonnage used for the purposes of the 300-gross-ton 
threshold.
    Hazardous condition means any condition that may adversely affect 
the safety of any vessel, bridge, structure, or shore area or the 
environmental quality of any port, harbor, or navigable waterway of the 
United States. It may, but need not, involve collision, allision,

[[Page 9545]]

fire, explosion, grounding, leaking, damage, injury or illness of a 
person aboard, or manning-shortage.
    Nationality means the state (nation) in which a person is a citizen 
or to which a person owes permanent allegiance.
    Operator means any person including, but not limited to, an owner, 
a charterer, or another contractor who conducts, or is responsible for, 
the operation of a vessel.
    Persons in addition to crewmembers mean any person onboard the 
vessel, including passengers, who are not included on the list of 
crewmembers.
    Port or place of departure means any port or place in which a 
vessel is anchored or moored.
    Port or place of destination means any port or place in which a 
vessel is bound to anchor or moor.
    Public vessel means a vessel that is owned or demise-(bareboat) 
chartered by the government of the United States, by a State or local 
government, or by the government of a foreign country and that is not 
engaged in commercial service.
    Time charterer means the party who hires a vessel for a specific 
amount of time. The owner and his crew manage the vessel, but the 
charterer selects the ports of destination.
    Voyage charterer means the party who hires a vessel for a single 
voyage. The owner and his crew manage the vessel, but the charterer 
selects the ports of destination.


Sec.  160.206  Information required in an NOA.

    (a) Each NOA must contain all of the information items specified in 
Table 160.206.

                                      Table 160.206.--NOA Information Items
----------------------------------------------------------------------------------------------------------------
                                                                                      Vessels carrying CDC
                                                                               ---------------------------------
                                                                 Vessels not                      Towing vessels
                     Required information                        carrying CDC                      controlling
                                                                                    Vessels          vessels
                                                                                                   carrying CDC
----------------------------------------------------------------------------------------------------------------
(1) Vessel Information:
    (i) Name;................................................               X                X                X
    (ii) Name of the registered owner;.......................               X                X                X
    (iii) Country of registry;...............................               X                X                X
    (iv) Call sign;..........................................               X                X                X
    (v) International Maritime Organization (IMO)                           X                X                X
     international number or, if vessel does not have an
     assigned IMO international number, substitute with
     official number;........................................
    (vi) Name of the operator;...............................               X                X                X
    (vii) Name of the charterer; and.........................               X                X                X
    (viii) Name of classification society....................               X                X                X
(2) Voyage Information:
    (i) Names of last five ports or places visited;..........               X                X                X
    (ii) Dates of arrival and departure for last five ports                 X                X                X
     or places visited;......................................
    (iii) For each port or place in the United States to be                 X                X                X
     visited list the names of the receiving facility, the
     port or place, the city, and the state;.................
    (iv) For each port or place in the United States to be                  X                X                X
     visited, the estimated date and time of arrival;........
    (v) For each port or place in the United States to be                   X                X                X
     visited, the estimated date and time of departure;......
    (vi) The location (port or place and country) or position               X                X                X
     (latitude and longitude or waterway and mile marker) of
     the vessel at the time of reporting; and................
    (vii) The name and telephone number of a 24-hour point of               X                X                X
     contact.................................................
(3) Cargo Information:
    (i) A general description of cargo, other than CDC,                     X                X                X
     onboard the vessel (e.g.: grain, container, oil, etc.);.
    (ii) Name of each certain dangerous cargo carried,         ...............               X                X
     including cargo UN number, if applicable; and...........
    (iii) Amount of each certain dangerous cargo carried.....  ...............               X                X
(4) Information for each Crewmember Onboard:
    (i) Full name;...........................................               X                X                X
    (ii) Date of birth;......................................               X                X                X
    (iii) Nationality;.......................................               X                X                X
    (iv) Passport or mariners document number (type of                      X                X                X
     identification and number);.............................
    (v) Position or duties on the vessel; and................               X                X                X
    (vi) Where the crewmember embarked (list port or place                  X                X                X
     and country)............................................
(5) Information for each Person Onboard in Addition to Crew:
    (i) Full name;...........................................               X                X                X
    (ii) Date of birth;......................................               X                X                X
    (iii) Nationality;.......................................               X                X                X
    (iv) Passport number; and................................               X                X                X
    (v) Where the person embarked (list port or place and                   X                X                X
     country)................................................
(6) Operational condition of equipment required by Sec.                     X                X                X
 164.35 of this chapter......................................
(7) International Safety Management (ISM) Code Notice:
    (i) The date of issuance for the company's Document of                  X                X                X
     Compliance certificate that covers the vessel;..........
    (ii) The date of issuance for the vessel's Safety                       X                X                X
     Management Certificate; and.............................
    (iii) The name of the Flag Administration, or the                       X                X                X
     recognized organization(s) representing the vessel flag
     administration, that issued those certificates..........
(8) Cargo Declaration (Customs Form 1302) as described in 19                X                X                X
 CFR 4.7.....................................................
----------------------------------------------------------------------------------------------------------------


[[Page 9546]]

    (b) Vessels operating solely between ports or places in the 
continental United States need submit only the name of and date of 
arrival and departure for the last port or places visited to meet the 
requirements in entries (2)(i) and (ii) to Table 160.206 of this 
section.
    (c) You may submit a copy of INS Form I-418 to meet the 
requirements of entries (4) and (5) in Table 160.206.
    (d) Any vessel planning to enter two or more consecutive ports or 
places in the United States during a single voyage may submit one 
consolidated Notification of Arrival at least 96 hours before entering 
the first port or place of destination. The consolidated notice must 
include the name of the port or place and estimated arrival date for 
each destination of the voyage. Any vessel submitting a consolidated 
notice under this section must still meet the requirements of Sec.  
160.208 of this part concerning requirements for changes to an NOA.


Sec.  160.208  Changes to a submitted NOA.

    (a) Unless otherwise specified in this section, when submitted NOA 
information changes, vessels must submit a notice of change within the 
times required in Sec.  160.212.
    (b) Changes in the following information need not be reported:
    (1) Changes in arrival or departure times that are less than six 
(6) hours;
    (2) Changes in vessel location or position of the vessel at the 
time of reporting (entry (2)(vi) to Table 160.206); and
    (3) Changes to crewmembers' position or duties on the vessel (entry 
(5)(v) to Table 160.206).
    (c) When reporting changes, submit only the name of the vessel, 
original NOA submission date, the port of arrival, the specific items 
to be corrected, and the new location or position of the vessel at the 
time of reporting. Only changes to NOA information need to be 
submitted.


Sec.  160.210  Methods for submitting an NOA.

    (a) Submission to the National Vessel Movement Center (NVMC). 
Except as provided in paragraphs (b) and (c) of this section, all 
vessels required to submit NOA information in Sec.  160.206 (entries 1-
7 to Table 160.206) to the NVMC, United States Coast Guard, 408 Coast 
Guard Drive, Kearneysville, WV, 25430, shall do so by:
    (1) Telephone at 1-800-708-9823 or 304-264-2502;
    (2) Fax at 1-800-547-8724 or 304-264-2684; or
    (3) E-mail at [email protected].

    Note to paragraph (a): Information about the National Vessel 
Movement Center is available on its Web site at http://www.nvmc.uscg.gov/. You may submit the notice using any electronic 
format available on the NVMC website.

    (b) Saint Lawrence Seaway transits. Those vessels transiting the 
Saint Lawrence Seaway inbound, bound for a port or place in the United 
States, may meet the submission requirements of paragraph (a) of this 
section by submitting the required information to the Saint Lawrence 
Seaway Development Corporation and the Saint Lawrence Seaway Management 
Corporation of Canada by fax at 315-764-3235 or at 315-764-3200. The 
Cargo Declaration (Customs Form 1302) in entry (8) in Table 160.206 
must be submitted electronically to the USCS, as required by paragraph 
(d) of this section.
    (c) Seventh Coast Guard District. Those vessels 300 or less gross 
tons operating in the Seventh Coast Guard District must submit an NOA 
to the cognizant Captain of the Port (COTP). The Cargo Declaration 
(Customs Form 1302) in entry (8) in Table 160.206 must be submitted 
electronically to the USCS, as required by paragraph (d) of this 
section.
    (d) Submission to the United States Customs Service's Sea Automated 
Manifest System (AMS).
    (1) Beginning July 1, 2003, the Cargo Declaration (Customs Form 
1302) in entry (8) in Table 160.206 must be submitted electronically to 
the USCS Sea AMS by one of the following methods:
    (i) By direct connection with USCS or by purchasing the proper 
software; or
    (ii) Using a service provider or a Port Authority.
    (2) To become a participant in Sea AMS, submitters must provide a 
letter of intent to USCS prior to first submission.


Sec.  160.212  When to submit an NOA.

    (a) Submission of NOA. (1) Except as set out in paragraph (a)(2) of 
this section, all vessels must submit NOAs within the times required in 
paragraph (a)(3) of this section.
    (2) Towing vessels, when in control of a vessel carrying CDC and 
operating solely between ports or places in the continental United 
States, must submit an NOA before departure but at least 12 hours 
before entering the port or place of destination.
    (3) Times for submitting NOAs areas follows:

----------------------------------------------------------------------------------------------------------------
                   If your voyage time is--                                 You must submit an NOA--
----------------------------------------------------------------------------------------------------------------
(i) 96 hours or more; or......................................  Before departure but at least 96 hours before
                                                                 entering the port or place of destination; or
(ii) Less than 96 hours.......................................  Before departure but at least 24 hours before
                                                                 entering the port or place of destination.
----------------------------------------------------------------------------------------------------------------

    (b) Submission of changes to NOA. (1) Except as set out in 
paragraph (b)(2) of this section, vessels must submit changes in NOA 
information within the times required in paragraph (b)(3) of this 
section.
    (2) Towing vessels, when in control of a vessel carrying CDC and 
operating solely between ports or places in the continental United 
States, must submit changes to an NOA as soon as practicable but at 
least 6 hours before entering the port or place of destination.
    (3) Times for submitting changes to NOAs are as follows:

----------------------------------------------------------------------------------------------------------------
              If your remaining voyage time is--                    Then you must submit changes to an NOA--
----------------------------------------------------------------------------------------------------------------
(i) 96 hours or more;.........................................  As soon as practicable but at least 24 hours
                                                                 before entering the port or place of
                                                                 destination;
(ii) Less than 96 hours but not less than 24 hours; or          As soon as practicable but at least 24 hours
                                                                 before entering the port or place of
                                                                 destination; or
(iii) Less than 24 hours......................................  As soon as practicable but at least 12 hours
                                                                 before entering the port or place of
                                                                 destination.
----------------------------------------------------------------------------------------------------------------

    (c) Submission of the Cargo Declaration (Customs Form 1302). (1) 
Except as set out in paragraph (c)(2) of this section, all vessels must 
submit to USCS the Cargo Declaration (Customs Form 1302) in entry (8) 
to Table

[[Page 9547]]

160.206, within the times required in paragraph (a)(3) of this section.
    (2)(i) Except for vessels carrying containerized cargo or break 
bulk cargo, vessels carrying bulk cargo may submit the Cargo 
Declaration (Customs Form 1302), (Entry (8) to Table 160.206) before 
departure but at least 24 hours before entering the U.S. port or place 
of destination.
    (ii) Vessels carrying break bulk cargo operating under a USCS 
exemption granted under 19 CFR 4.7(b)(4)(ii) may, during the effective 
period of the USCS exemption, submit the Cargo Declaration (Customs 
Form 1302), (Entry (8) to Table 160.206) before departure but at least 
24 hours before entering the U.S. port or place of destination.


Sec.  160.214  Waivers.

    The Captain of the Port may waive, within that Captain of the 
Port's designated zone, any of the requirements of this subpart for any 
vessel or class of vessels upon finding that the vessel, route, area of 
operations, conditions of the voyage, or other circumstances are such 
that application of this subpart is unnecessary or impractical for 
purposes of safety, environmental protection, or national security.


Sec.  160.215  Notice of hazardous conditions.

    Whenever there is a hazardous condition either aboard a vessel or 
caused by a vessel or its operation, the owner, agent, master, 
operator, or person in charge shall immediately notify the nearest 
Coast Guard Marine Safety Office or Group Office. (Compliance with this 
section does not relieve responsibility for the written report required 
by 46 CFR 4.05-10.)

    Dated: February 19, 2003.
Paul J. Pluta,
Rear Admiral, U. S. Coast Guard, Assistant Commandant for Marine 
Safety, Security and Environmental Protection.
[FR Doc. 03-4408 Filed 2-24-03; 4:36 pm]
BILLING CODE 4910-15-P