[Federal Register Volume 71, Number 205 (Tuesday, October 24, 2006)]
[Rules and Regulations]
[Page 62210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17822]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 160

[USCG-2006-26016]


Notice of Arrival; Port or Place of Destination

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

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SUMMARY: The Coast Guard is announcing its policy regarding the term 
``port or place of destination'' used in our notice of arrival 
regulations in 33 CFR Part 160, Subpart C. We are issuing this notice 
to provide clarification as to how that term will be used by Coast 
Guard personnel enforcing our notice of arrival regulations.

DATES: This notice is effective October 24, 2006.

FOR FURTHER INFORMATION CONTACT: If you have any questions regarding 
this document, contact Lieutenant Junior Grade Julie Miller, Office of 
Vessel Activities (G-PCV), Coast Guard, by e-mail, 
[email protected], or telephone 202-372-1244.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Representatives from the maritime industry have requested 
clarification of the definition of ``port or place of destination'' 
found in 33 CFR 160.204. This term is defined as ``any port or place in 
which a vessel is bound to anchor or moor.'' These requests for 
clarification arise from two situations.
    First, while many vessels arriving at a port or place of 
destination when operating solely between ports or places within a 
single Captain of the Port (COTP) zone are exempt from submitting a 
notice of arrival (NOA), 33 CFR 160.203(b)(2), vessels carrying certain 
dangerous cargo (CDC) are not. A vessel carrying CDC must submit a NOA 
for any port or place of destination, including movements within a COTP 
zone. Because of confusion about the term ``port or place of 
destination,'' some vessels carrying CDC submit NOAs every time the 
vessel changes berths or piers in the same port in certain COTP zones, 
while others only submit NOAs when they depart the current port and 
enter another port within the same COTP zone.
    Second, in some U.S. ports, after entering the port, transit time 
or distance to the berth is lengthy. Ports in Portland, OR, and New 
Orleans, LA, are two examples. In such situations the cognizant COTP 
may have an interest in when certain vessels arrive at the sea buoy or 
pilot station. In other U.S. ports, where transits are short or where 
the vessel must transit through another COTP zone to arrive at its 
intended berth (for example, transiting Hampton Roads, VA to get to 
Baltimore, MD) the COTP uses the vessel's arrival time at the berth or 
dock as the basis for enforcing compliance with the NOA regulation 
submission requirements.

Policy

    In the two situations described above, the Coast Guard will 
exercise its discretion in enforcing NOA regulations as follows.
    A vessel required to submit a NOA for ports or places of 
destination within a single COTP zone (for example, a vessel carrying 
CDCs) need only do so if the vessel is actually moving from one port to 
another port within that COTP zone. The Coast Guard will not view the 
movement from one dock to another dock, one berth to another berth, or 
one anchorage to another anchorage within one port as being a transit 
from one ``port or place of destination'' to a different ``port or 
place of destination.''
    A sea buoy or pilot station for a port will not be considered the 
arrival point for a vessel bound to anchor or moor in that port unless 
either the sea buoy or pilot station is the actual location where the 
vessel is bound to anchor or moor. If, based on information about a 
particular vessel, a COTP finds it necessary to know when that vessel 
reaches a sea buoy or pilot station, under separate authority he or she 
may issue an appropriate order specific to that vessel. The order may 
direct the vessel operator to advise the COTP when the vessel arrives, 
or is estimated to arrive, at the sea buoy or pilot station. It is 
anticipated this authority will be exercised only when necessary and 
will be specific to a particular vessel.

    Dated: October 13, 2006.
F.J. Sturm,
Captain, U.S. Coast Guard, Acting Director of Inspections and 
Compliance.
 [FR Doc. E6-17822 Filed 10-23-06; 8:45 am]
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