[Federal Register Volume 68, Number 98 (Wednesday, May 21, 2003)]
[Notices]
[Pages 27784-27785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12703]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Distribution of Digital Navigation and Associated Data; NOAA 
Electronic Navigational Charts[reg] Released as Nautical 
Charts

AGENCY: National Ocean Service, National Oceanic and Atmospheric 
Administration, Department of Commerce.

ACTION: Notice.

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SUMMARY: NOAA's National Ocean Service (NOS) is announcing the 
distribution of certain digital navigation and related data to the 
public on the Internet. In July 2001, NOS began posting its Electronic 
Navigational Charts (NOAA ENCs[reg]) on the Internet. Now 
NOS is or will be making digital versions of the U.S. Coast 
Pilot[reg], Tide and Current Tables, Shoreline Data and 
certain other products available on the Internet. These products have 
primary application in navigation and in a broad range of Geographic 
Information System activities. The electronic distribution of 
navigational and related data will supplement other methods of 
distribution; paper versions of these products are expected to continue 
to be available from existing sources.
    A primary purpose of providing this information and data on the 
Internet is to improve marine safety and reduce the risk of accidents, 
including injury to people, property, the environment and local 
economies. Providing mariners with more timely and accurate information 
via the Internet is expected to improve their decision-making 
capability in an often rapidly changing marine environment.
    In addition, NOS is announcing its intention to remove the 
``provisional'' label for NOAA ENCs[reg] distributed on the 
Internet. Once that label is removed, a NOAA ENC[reg] will 
constitute a ``nautical chart'' for the purposes of the 1974 
International Convention for the Safety of Life at Sea, as previously 
announced in Federal Register, Volume 67, Number 111, pages 39695-
39696, published June 10, 2002.

DATES: Comments on this action should be submitted on or before 5 p.m., 
EST, June 20, 2003.

ADDRESSES: Comments in writing should be submitted to Director, Office 
of Coast Survey, National Ocean Service, NOAA (N/CS), 1315 East-West 
Highway, Silver Spring, MD 20910. Written comments may be FAXed to 
(301) 713-4019. Comments by e-mail should be submitted to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mike Brown, Electronic Chart Products 
Manager, Marine Chart Division, Office of Coast Survey, NOS/NOAA, (301) 
713-2724, Extension 153, FAX, (301) 713-4516.

SUPPLEMENTARY INFORMATION: Under 33 U.S.C. 883a et seq. NOS is 
responsible for providing nautical charts and related information for 
safe navigation and other purposes. In fulfilling this responsibility, 
NOS collects and compiles hydrographic, tidal and current, geodetic and 
a variety of other data and information. In the past, NOS made this 
information available to the public primarily by publishing and 
distributing various paper charts and other printed materials. It is 
now technologically feasible to disseminate much of this information in 
digital format on the Internet and NOS intends to do so when it is 
reasonable and feasible to take such action. NOAA consulted with the 
U.S. Coast Guard concerning its proposal to make digital navigation 
data, including NOAA ENCs[reg], available on the Internet. 
The Coast Guard concurred that such action would promote marine safety.
    NOS digital products that are being distributed are expected to be 
distributed on the Internet include but are not limited to NOAA 
ENCs[reg], the U.S. Coast Pilots[reg], Water Level, Observations, Water 
Level Time Series Plots, Predicted Tides and Tidal Currents, Tidal 
Predictions Program, Published Bench Mark Sheets with Tidal Datums, 
Harmonic Constituents, Coastal Survey Maps/Shoreline Data, CORS--Global 
Positioning System Continuously Operating Reference Station data, 
Geodetic Control Data Sheets, Tidal and Orthometric Elevations, Gravity 
Data, Online User Positioning Service, Geoid data, and various types of 
positioning and conversion software such as HTDP, NADCON, LVL DH, and 
Surface Gravity Prediction.
    NOS data that might be affected by the above announcement is posted 
at the following NOAA Web sites: http://chartmaker.ncd.noaa,gov. http://co-ops.nos.noaa.gov; and http://www.ngs.noaa.gov NOS may also release 
other present or future nautical products or data on the Internet; NOS 
Web sites.
    One of the primary reasons for making digital navigational and 
related data available to the public on the Internet is to promote safe 
navigation. In the past, mariners would have to wait until new editions 
of nautical charts, the U.S. Coast Pilot[reg] and other publications 
were released before they would have access to updated information. 
Today's digital technologies and widespread access to the Internet 
provide the means to make this information available to the mariner 
much sooner, sometimes in near real-time. In addition, often much more 
accurate or complete information can be distributed in digital format 
that could be provided in a printed document.
    Releasing NOS digital navigation data and information available on 
the Internet is expected to encourage commercial mariners, recreational 
boaters and others to use the most accurate and complete digital 
information available. Digital navigation data that are easily 
accessible is in demand; if NOS data were not available or accessible, 
people would be expected to utilize less reliable, less accurate or 
less complete data with the attendant increased risks.
    Another safety benefit from the release of these data is that it 
may encourage the development of new and better navigation products 
that utilize the best data available. For example, several navigation 
software programs have been developed to utilize products such as NOAA 
ENCs[reg].
    A secondary benefit of releasing these data on the Internet is that 
it is expected to promote the open and efficient exchange of public, 
scientific and technical information. The public generally, not just 
mariners, has an interest in these data. Internet access to NOS 
navigation and other data will maximize dissemination of this 
information to ocean engineers, marine scientists, emergency response 
personnel, a mangers and policy makers, including those in state and 
local governments, academia and other institutions as well as the 
private sector. Such action may promote scientific advances, sound 
marine and coastal management, and commercial development of new and 
better navigation or other products.
    Such action is designed to be consistent with section 2 of the 
Paperwork Reduction Act, 44 U.S.C. 3506(d) and Office of Management and 
Budget Circular A-130 regarding information management and 
dissemination and is expected to maximize the usefulness of government

[[Page 27785]]

data. Currently NOAA collects, compiles and maintains these data and 
little or no expense will be incurred in making these data available to 
the public on the Internet.
    Generally, NOAA does not intend to limit access to, or restrict use 
of the data it makes available on the Internet. Of course, sensitive 
data will be reviewed and if there are homeland security issues, 
proprietary concerns, privacy implications or similar issues, such data 
may not be placed on the Internet. In addition, in some cases where the 
data or use of the data are not completely reliable, where procedures 
for updating the data are not fully tested and operational, where the 
public may lack familiarity with the use of those data and associated 
products, or for other reasons, NOS may release the data on a 
provisional basis with a statement that the data are not to be used for 
navigational purposes. This was the case with the original release of 
NOAA ENCs[reg] in 2001.
    From all indications, mariners and other users are now familiar 
with NOAA ENCs[reg]. The response to NOAA ENCs on the Internet has been 
overwhelmingly positive, with more than 480,000 individual files 
downloaded. NOAA ENCs were designed to comply with International 
Hydrographic Organization's S-57 ENC Product Specification and have 
been greatly successful with a notable absence of significant errors. 
Further, the NOAA ENC[reg] files are now being updated for Notices to 
Mariners on a monthly basis and then posted to the NOAA ENC[reg] Web 
page, available for downloading. Consequently, NOS will remove the 
``provisional'' label for NOAA ENCs[reg] distributed on the Internet in 
the near future. Once that label is removed, a NOAA ENC[reg] will 
constitute a ``nautical chart'' for the purposes of the 1974 
International Convention for the Safety of Life at Sea.
    In the future NOAA intends to monitor the release and use of its 
data and may remove, or in some cases, add provisional use labels or 
other warnings or restrictions through an announcement on the Web site 
associated with the data.
    NOS does not seek to limit access or restrict use of the data it 
provides on the Internet for most purpose, but it is concerned about 
the use of these data in situations that may compromise marine safety. 
Consequently, NOS plans to work with mariners, product developers and 
others to establish specific procedures for users who wish to 
incorporate NOS data into certain navigation products. Thus, in order 
for a value-added navigational product to be certified, the developer 
may be required to establish a process to ensure that NOS data are 
incorporated into the product without compromise to the data quality or 
data lineage.
    NOS intends to issue standards governing the certification process 
for derived navigational products. Among the standards under 
consideration are: (1) The operation of a quality assurance system that 
is in essential compliance with a recognized quality standard, such as 
ISO 9000 series or equivalent, and (2) the certification by a U.S. 
Coast Guard-approved quality standards organization that results in 
products being consistently manufactured to the same specification.
    NOS is publishing this notice consistent with section 8.a(6)(j) of 
the Office of Management and Budget Circular A-130.

    Dated: May 14, 2003.
Jamison S. Hawkins,
Acting Assistant Administrator, Ocean Services and Coastal Zone 
Management, National Oceanic and Atmospheric Administration.
[FR Doc. 03-12703 Filed 5-20-03; 8:45 am]
BILLING CODE 3510-JE-M