[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29229-29235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-13781]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 169
[USCG-1999-5525]
RIN 2115-AF82
Mandatory Ship Reporting Systems
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is implementing two mandatory ship reporting
systems in an effort to reduce the threat of ship strikes to endangered
northern right whales (also known as the North Atlantic right whale).
Based on a proposal by the United States, the International Maritime
Organization adopted a resolution to establish these systems. The
mandatory ship reporting systems are designed to inform mariners of the
presence of whales in certain areas, so that mariners travelling in
those areas can take actions to avoid collisions with the whales.
DATES: This interim rule is effective July 1, 1999. Comments and
related material must reach the Docket Management
[[Page 29230]]
Facility on or before July 1, 1999. Comments sent to the Office of
Management and Budget (OMB) on collection of information must reach OMB
on or before July 1, 1999.
ADDRESSES: Please submit your comments and related material by one of
the following methods to assist us in maintaining the integrity of the
public docket:
(1) By mail to the Docket Management Facility (USCG-1999-5525),
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
You must also mail comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer,
U.S. Coast Guard.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
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 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: For questions on this rule, call Mr.
Edward LaRue, Office of Waterway Services (G-MWV), Coast Guard,
telephone 202-267-0416. For questions on viewing or submitting material
to the docket, call Dorothy Walker, Chief, Dockets, Department of
Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related material. If you do so, please include
your name and address, identify the docket number for this rulemaking
(USCG-1999-5525), indicate the specific section of this document to
which each comment applies, and give the reason for each comment. 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
method so that duplicative filings of an individual comment will not be
recorded in the public docket. If you submit them by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. You may request one by
submitting a request to the Docket Management Facility at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Regulatory Information
This rule is being published as an interim rule and is being made
effective on July 1, 1999. This rule is not preceded by a notice of
proposed rulemaking. The northern right whale is an extremely
endangered species, under threat of extinction, and currently less than
300 of the whales exists. The U.S. and the international community are
committed to the protection of this valuable resource. As discussed in
the background section of this preamble, attention has focused on
protecting the critical feeding and calving areas for these whales. The
Coast Guard is committed to meet the International Maritime
Organization (IMO) July 1, 1999 effective date for establishing
mandatory reporting systems to protect critical habitat areas of the
northern right whale. The IMO only took action on the issue in December
1998. The reporting system set out in this interim rule requires
operators of affected vessels to report certain information on location
and route. In return, mariners will receive information on whale
location and avoidance. The interim rule does not mandate any specific
navigation practices. It has taken a cooperative effort over the last
five months (between the Coast Guard and the National Oceanic and
Atmospheric Administration) to design the simple and effective
notification system provided in this interim rule. For these reasons,
the Coast Guard finds good cause, under 5 U.S.C. 553(b)(B), that
notice, and public procedure on the notice, before the effective date
of this rule is impracticable and contrary to the public interest in
protecting these whales. We still encourage public comments on this
interim rule, and we may amend the rule as necessary to respond to
comments received during the comment period.
Background and Purpose
In response to the endangered status of northern right whales (also
known as the North Atlantic right whale), the United States and the IMO
have taken steps to identify and implement measures to reduce the
likelihood of collisions between ships and whales. These steps have
addressed the problem on three fronts: mariner awareness,
identification of whale movements, and efforts to promote recovery of
the whale species.
In spite of these efforts, ship collisions with endangered right
whales continue to occur. Mandatory ship reporting systems have the
potential to protect these endangered whales through direct
communication with ships and their operators in high risk areas of
information to potentially reduce collisions.
Two systems are necessary because right whales frequent two
distinct areas of the Atlantic coast of the United States. The
northeastern reporting system is located mainly off the coast of
Massachusetts and comprises the right whale's main feeding grounds. The
southeastern reporting system is located off the coasts of Florida and
Georgia and makes up the only known calving grounds for the right
whale.
Right whales aggregate to feed and calve in five seasonal habitats
along the eastern seaboard from Florida to Nova Scotia: (a) off the
southeastern United States; (b) in the Great South Channel,
Massachusetts; (c) in Massachusetts and Cape Cod Bays, Massachusetts;
(d) in the lower Bay of Fundy, Canada; and (e) over the southern Nova
Scotian shelf, Canada (notably those areas referred to as Browns Bank
and Roseway Basin). Portions of these areas have been designated
``critical habitats'' for northern right whales or as a national marine
sanctuary under U.S. domestic law and as conservation areas under
Canadian law. Right whale sightings also occur outside these areas as
the whales migrate between the southeastern and northeastern United
States; however, there is not enough information about the migratory
[[Page 29231]]
corridor to establish a reporting system for these areas.
This rulemaking will create a new part 169 in Title 33 Code of
Federal Regulations (CFR) entitled ``Ship Reporting Systems.'' Subpart
A will establish general requirements for all ship reporting systems.
Subpart B will establish specific requirements for two mandatory ship
reporting systems. The statutory authority for this project is 33
U.S.C. 1230(d), which is an amendment to Section 11 of the Ports and
Waterways Safety Act (PWSA)(33 U.S.C. 1230(d)). Violators will be
subject to the penalties authorized under the PWSA.
There is no statutory deadline for these mandatory ship reporting
systems to be in place. However, when the systems were adopted by the
International Maritime Organization (IMO), Maritime Safety Committee
(MSC) at its 70th session December 7, 1998 (Resolution MSC.85(70)), it
was agreed these systems would come into force no sooner than 6 months
after adoption. The effective date agreed by IMO is July 1, 1999, and
it was expected that the United States' actions to put a reporting
program in place would be completed by that date.
The legal definitions of the boundaries for the two mandatory ship
reporting systems are located in Secs. 169.105 and 169.115.
Physical Characteristics, Behavior and Habitat
Description of the northern right whale. Northern right whales
reach lengths of 45 to 55 feet (13.72 m to 16.76 m) and are black in
color. The best field identification marks are a broad back with no
dorsal fin, irregular bumpy white patches (callosities) on the head,
and a distinctive two-column, V-shaped blow. They have paddle-like
flippers nearly as wide as they are long, and a broad, deeply notched
tail. Right whales are slow moving, with occasional speeds of up to 5
to 6 knots. They are often difficult to spot in rough water and at
night due to their low profile and dark coloration.
Behavior. Right whale behavior undoubtedly plays a role in their
vulnerability to ship collisions. For example, whales may appear in
surface-active groups, groups of four to five whales engaging in
frequent physical contact. Right whales also engage in skim feeding, in
which they gather plankton by swimming slowly at the surface with their
mouth open. During both feeding and surface active situations, whales
are focused on the activity and appear to be unaware of approaching
ships. Right whales also spend long periods resting at the surface, a
behavior called ``logging.'' Mothers nursing young are frequently
observed logging. Additionally, calves have limited diving capacities
and spend most of their time at the surface.
Northeastern United States Habitats. Right whales occur seasonally
in Massachusetts and Cape Cod Bays (peak season: January through
April), the Great South Channel (peak season: April through June), and
Jeffreys Ledge (peak season: July through mid-December). The first two
areas are federally designated critical habitats for right whales.
Stellwagen Bank (in Massachusetts Bay) and Jeffreys Ledge are located
in the federally designated Gerry E. Studds Stellwagen Bank National
Marine Sanctuary.
In late winter-early spring, right whales arrive in Cape Cod Bay.
Springtime hydrographic conditions in Cape Cod Bay concentrate copepods
and other zooplankton in dense patches on which the whales feed. The
majority of right whales leave Cape Cod Bay by mid-May; however, whales
remain throughout the summer in some years.
In late spring and early summer, right whales in the Great South
Channel east of Cape Cod are found in the greatest numbers.
Hydrographic changes and circulation patterns result in springtime
blooms of zooplankton and copepods. Right whales feed both at the
surface and at depths depending on where copepods are concentrated. In
many years, right whales usually congregate in the highest density
concentrations of the copepod on either the eastern or western side of
the Great South Channel.
Right whales generally migrate from the Great South Channel region
in June when copepod levels decrease and water temperatures increase.
Many of the whales move north to the Bay of Fundy arriving in mid-June.
The remainder are likely scattered throughout the Gulf of Maine or move
onto the eastern side of the Nova Scotian shelf. By mid-summer, most of
the whales are in feeding areas in the lower Bay of Fundy and on the
Nova Scotian Shelf. These areas are used in early winter when the
whales begin to migrate to winter habitats along the eastern coast,
including the southern calving grounds.
Southeastern United States Habitats. The coastal waters of the
southeastern United States, especially the shallow waters between
Savannah, Georgia, and Cape Canaveral, Florida, are right whale calving
grounds in the winter. Peak abundance and calving in this region occurs
from December through March, but the winter calving season can begin as
early as September and end as late as mid-April. Mothers and newborn
calves tend to stay in the southeast region until spring when they
migrate northward.
Hydrographic and Meteorological Elements
Northeastern United States. The hydrographic and meteorological
elements existing in the area create conditions favorable to production
of right whale food sources and therefore contribute to their presence
in the area. These elements can also adversely affect the ability of
mariners to detect whales.
The mandatory ship reporting system covers an area of high ship
traffic density and variable weather. The northern part of the
northeastern reporting system encompasses the approaches to Boston
Harbor (the largest seaport in New England), Massachusetts Bay, and
Cape Cod Bay. The area is extensively marked with aids to navigation,
and Loran C and differential Global Positioning System provide
excellent coverage. The weather in the area is changeable, with
frequent thick fog and strong and variable tides.
The southern part of the northeastern ship reporting system is
located approximately 30 miles (55.58 km) southeast of Nantucket
Island, Massachusetts, just east of the Nantucket Shoals Area to Be
Avoided, and encompasses the western half of the Great South Channel,
part of the Traffic Separation Scheme (TSS) in the approach to Boston,
Massachusetts (Boston TSS), north to Race Point, Cape Cod,
Massachusetts. The Great South Channel is bounded to the west by Cape
Cod and the Nantucket shoals and to the east by the Georges Bank
fishing grounds. Loran C and differential Global Positioning System
provide excellent coverage. The Boston TSS is marked by buoys every 15
nautical miles (27.8 km). Fishing is heavy to the east of the TSS.
Radar navigation is poor due to the low topography and distances from
land. There are few calm days. During certain seasons, and in
particular during peak whale season, the weather is usually foggy.
Moreover, fog usually accompanies a calm sea state, while clear
visibility often brings rough seas. Haze in the area also causes
problems with visibility. Heavy storms and rain are common.
Southeastern United States. The hydrological and meteorological
elements in the coastal waters off Georgia and northeastern Florida
provide favorable conditions for right whales to calve. This area is
their only known calving grounds. The Georgia coastline, between the
Savannah River on the north and St. Mary's River on the south, is
partly submerged at flood tide,
[[Page 29232]]
and is broken by tidal rivers and marshes covered with dense grass.
Beaches are sandy and flat. The coastline of Florida is a long, low-
profile barrier beach. Aids to navigation mark all critical dangers.
Loran C and differential Global Positioning System provide excellent
coverage. Radar navigation is difficult due to the low topography. The
water is generally clear. Severe storms including hurricanes are
common. Visibility is generally excellent, with light winds and
attendant low sea state. In winter, early morning coastal fog is
common, limiting visibility until the fog lifts with the rising sun.
Winter storms are common and move quickly through the region.
Characteristics of Ship Traffic
Northeastern United States. There is quite a variety and volume of
ship traffic operating in the northeastern mandatory ship reporting
area. Fishing vessels, recreational vessels, and commercial traffic all
frequent the area. Major shipping lanes exist in this area such as the
Boston TSS, the Great South Channel, and the traffic lanes to transit
north to the Bay of Fundy, Canada.
Southeastern United States. The ship traffic in the southeastern
reporting system includes fishing vessels, military vessels, and
commercial traffic. Customary shipping lanes cross the area and include
those that enter several area ports.
Discussion of Interim Rule
This interim rule establishes a new part 169 entitled ``Ship
Reporting Systems.'' Subpart A establishes general requirements for all
ship reporting systems. Subpart B establishes specific requirements for
two mandatory ship reporting systems. These two mandatory reporting
systems are identified as WHALESNORTH and WHALESSOUTH.
The reporting systems are off the eastern coast of the United
States and cover the two main population centers for northern right
whales. The coordinates chosen for the systems were derived through
feedback from aerial surveys conducted in the areas. It was determined
that the southeastern reporting system, WHALESSOUTH, need only operate
during calving season as this is the only period when whales are found
in the area. The northeastern reporting system, WHALESNORTH, is to
operate year-round.
Ships are to report general information that includes ship's
identification, time of report, course, speed, destination, estimated
time of arrival, and intended track. Sensitive, commercial information
contained in these reports will be kept confidential.
Ships that report to the shore-based authority will receive a
return message acknowledging their entry into the system. The return
message will advise ship operators on watch of appropriate action that
they can take to reduce the risk of collision with the right whales.
The information conveyed would include warnings of the risk of hitting
right whales, where to obtain seasonal right whale advisories, and
where to consult for information about precautionary measures that
mariners may take to reduce the risk of hitting right whales.
Regulatory Evaluation
This interim rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
We expect the economic impact of this interim rule to be so minimal
that a full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Benefits
Generally, mandatory ship reporting systems would enhance mariners'
awareness of the presence of northern right whales and provide them
with pertinent information to avoid collisions. The increase of
awareness may reduce the risk of ship strikes on the endangered
northern right whale.
Private Industry Costs
The mariner's burden of reporting by radio is minimal. The
reporting requirement uses the mariner's existing equipment and won't
add to the expenses of the owner/operator. The average communications
process (transmission/reception) is 5 minutes. It is only necessary to
report when first entering the area. The cost of the issuing advisory
information will be borne by the Coast Guard and the National Marine
Fisheries Service (NMFS). Minimal ship maneuvers are expected in the
avoidance of whales.
Government Costs
The Coast Guard and NMFS estimated the cost of this program to be
approximately $208,000 for Fiscal Year 1999 and $176,000 annually for
future years. The burden of this regulation will be split equally
between the Coast Guard and NMFS. Therefore, it is estimated that the
cost to the Coast Guard would be $104,000 for the first year and
$88,000 annually thereafter. Coast Guard personnel will not be
utilized; a private contractor will be hired to operate and maintain
facilities.
The Coast Guard would bear the burden associated with relaying non-
INMARSAT-C reports through Coast Guard radio stations. Ships not
equipped with INMARSAT-C would be required to report in standard format
to the shore-based authority, either through narrow band direct
printing (SITOR) or HF, MF, or VHF-voice communication systems.
This will add to the workload of staff currently assigned to the
Coast Guard unit, but will not create an additional billet. Therefore,
there is no additional expense.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would 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 less than
50,000. This rule does not require a general notice of proposed
rulemaking and, therefore, is exempt from the requirements of the
Regulatory Flexibility Act. Although this rule is exempt, the Coast
Guard has reviewed it for potential economic impact on small entities.
The nature of the reports that are made is not such that a
significant burden will be imposed on anyone. Reports will be accepted
in many different forms to allow for the flexibility that many small
entities require. It is anticipated very few small entities operate
ships of 300 gross tons or greater. The Coast Guard has attempted to
make compliance with this requirement as simple as possible.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule would not have a significant economic impact on a substantial
number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
[[Page 29233]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Edward LaRue at the phone
number listed under FOR FURTHER INFORMATION CONTACT.
Collection of Information
This rule provides for a collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5
CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other, similar
actions. The title and description of the information collections, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
Title: Mandatory Ship Reporting System for the Northeastern and the
Southeastern coasts of the United States.
Summary of the Collection of Information: The collection involves
ships reporting by radio to a shore-based authority when entering the
area covered by the reporting system. The ships will receive, in
return, an advisory on protection of whales and sources of additional
information.
Need for Information: The northern right whale is an endangered
species. Mortality rates attributed to ship strikes account for up to
50 percent of recorded fatalities. The purpose of establishing
mandatory ship reporting systems is to reduce the likelihood of
collisions between ships and northern right whales in the areas
established with critical habitat designation.
Proposed Use of Information: Reports will be used to record ship
traffic in the reporting systems and provide information to minimize
interaction with northern right whales.
Description of the Respondents: All ships of 300 gross tons or
greater that transit the reporting systems are required to participate
in the reporting systems, except government vessels exempted from
reporting by regulation V/8-1(c) of the International Convention for
the Safety of Life at Sea, 1974, as amended (SOLAS).
Number of Respondents: We estimate that this information collection
would affect approximately 367 respondents annually.
Frequency of Response: The frequency of response is on occasion.
Owners or operators are required to respond only when entering a
mandatory reporting area.
Burden of Response: The burden of response is $8,448 per year.
Number of transmissions: 4,400
Hour burden per transmission: .08 hours
Salary rate for affected personnel*: $24 per hour
4,400 transmissions per year x .08 hours per transmission x $24 per
hour = $8,448 per year.
* Salary rate as per COMDTINST 7310.1E Hourly Standard Rates for
Personnel.
Estimated Total Annual Burden: The reporting burden is 352 hours to
industry. Annual cost to the government for Fiscal year 1999 is
$208,000 and $176,000 annually for future years.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this rule to the Office of
Management and Budget (OMB) for its review of the collection of
information.
We ask for public comment on the collection of information to help
us determine how useful the information is; whether it can help us
perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
On May 26, 1999, the Coast Guard received an emergency approval
number from OMB on the information collection requirements. The OMB
approval number is 2115-0640. Emergency OMB approval is effective for
six months. The Coast Guard will submit the requirements to OMB for
three-year approval.
Federalism
We have analyzed this interim rule under E.O. 12612 and have
determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093;
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those costs. This interim rule would not
impose an unfunded mandate.
Taking of Private Property
This interim rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This interim rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this interim rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this interim rule and
concluded that under figure 2-1, paragraph (34)(d) and (e), of
Commandant Instruction M16475.lC, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 169
Endangered and threatened species, Environmental protection,
Mandatory ship reporting, Marine mammals, Marine safety, Navigation
(water), Reporting and recordkeeping requirements, Telecommunications,
Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR chapter I by adding a new part 169 to subchapter P to read as
follows:
[[Page 29234]]
PART 169--SHIP REPORTING SYSTEMS
Subpart A--General
Sec.
169.1 What is the purpose of this subpart?
169.5 What terms are defined?
169.10 What geographic coordinates are used?
Subpart B--Establishment of two mandatory ship reporting systems for
the protection of northern right whales
169.100 What mandatory ship reporting systems are established by
this subpart?
169.102 Who is the shore-based authority?
169.105 Where is the northeastern reporting system located?
169.110 When is the northeastern reporting system in effect?
169.115 Where is the southeastern reporting system located?
169.120 When is the southeastern reporting system in effect?
169.125 What classes of ships are required to make reports?
169.130 When are ships required to make reports?
169.135 How must the reports be made?
169.140 What information must be included in the report?
Authority: Section 313, Pub. L. 105-383, 112 Stat. 3411, 3424,
33 U.S.C. 1230(d).
Subpart A--General
Sec. 169.1 What is the purpose of this subpart?
This subpart prescribes the requirements for mandatory ship
reporting systems. Ship reporting systems are used to provide, gather,
or exchange information through radio reports. The information is used
to provide data for many purposes including, but not limited to:
navigation safety, environmental protection, vessel traffic services,
search and rescue, weather forecasting and prevention of marine
pollution.
Sec. 169.5 What terms are defined?
(a) Mandatory ship reporting system means a ship reporting system
that requires the participation of specified vessels or classes of
vessels, and that is established by a Government or Governments after
adoption of a proposed system by the International Maritime
Organization (IMO) as complying with all requirements of regulation V/
8-1 of the International Convention for the Safety of Life at Sea,
1974, as amended (SOLAS), except paragraph (e) thereof.
(b) Shore-based authority means the government appointed office or
offices that will receive the reports made by ships entering each of
the mandatory ship reporting systems. The office or offices will be
responsible for the management and coordination of the system,
interaction with participating ships, and the safe and effective
operation of the system. Such an authority may or may not be an
authority in charge of a vessel traffic service.
Sec. 169.10 What geographic coordinates are used?
Geographic coordinates expressed in terms of latitude or longitude,
or both, are not intended for plotting on maps or charts where the
referenced horizontal datum is the North American Datum of 1983 (NAD
83), unless such geographic coordinates are expressly labeled NAD 83.
Geographic coordinates without the NAD 83 reference may be plotted on
maps or charts referenced to NAD 83 only after application of the
appropriate corrections that are published on the particular map or
chart being used.
Subpart B--Establishment of Two Mandatory Ship Reporting Systems
for the Protection of Northern Right Whales
Sec. 169.100 What mandatory ship reporting systems are established by
this subpart?
This subpart prescribes requirements for the establishment and
maintenance of two mandatory ship reporting systems for the protection
of the endangered northern right whale (also known as the North
Atlantic right whale). These two systems are designated for certain
areas of the East Coast of the United States. One system is located in
the northeast and is identified as WHALESNORTH. The other system is
located in the southeast and is identified as WHALESSOUTH.
Note: 50 CFR 222.32 contains requirements and procedures
concerning northern right whale approach limitations and avoidance
procedures.
Sec. 169.102 Who is the shore-based authority?
The U.S. Coast Guard is the shore-based authority for these
mandatory ship reporting systems.
Sec. 169.105 Where is the northeastern reporting system located?
Geographical boundaries of the northeastern area include the waters
of Cape Cod Bay, Massachusetts Bay, and the Great South Channel east
and southeast of Massachusetts. The coordinates (NAD 83) of the area
are as follows: from a point on Cape Ann, Massachusetts at 42 deg.39'N,
70 deg.37'W; then northeast to 42 deg.45'N, 70 deg.13'W; then southeast
to 42 deg.10'N, 68 deg.31'W; then south to 41 deg.00'N, 68 deg.31'W;
then west to 41 deg.00'N, 69 deg.17'W; then northeast to 42 deg.05'N,
70 deg.02'W, then west to 42 deg.04'N, 70 deg.10'W; and then along the
Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to
the point on Cape Anne at 42 deg.39'N, 70 deg.37'W.
Sec. 169.110 When is the northeastern reporting system in effect?
The mandatory ship reporting system in the northeastern United
States operates year-round.
Sec. 169.115 Where is the southeastern reporting system located?
Geographical boundaries of the southeastern area include coastal
waters within about 25 nautical miles (45 kilometer) along a 90-
nautical mile (170-kilometer) stretch of the Atlantic seaboard in
Florida and Georgia. The area coordinates (NAD 83) extends from the
shoreline east to longitude 80 deg.51.6'W with the southern and
northern boundaries at latitude 30 deg.00'N and 31 deg.27'N,
respectively.
Sec. 169.120 When is the southeastern reporting system in effect?
The mandatory ship reporting system in the southeastern United
States operates during the period beginning on 15 November and ends on
16 April of each year.
Sec. 169.125 What classes of ships are required to make reports?
Each ship of 300 gross tons or greater must participate in the
reporting systems, except government ships exempted from reporting by
regulation V/8-1(c) of SOLAS. However, exempt ships are encouraged to
participate in the reporting systems.
Sec. 169.130 When are ships required to make reports?
Participating ships must report to the shore-based authority upon
entering the area covered by a reporting system. Additional reports are
not necessary for movements made within a system or for ships exiting a
system.
Sec. 169.135 How must the reports be made?
(a) A ship equipped with INMARSAT C must report in IMO standard
format as provided in Table 169.140 in Sec. 169.140.
(b) A ship not equipped with INMARSAT C must report to the Coast
Guard using other means, listed below in order of precedence--
(1) Narrow band direct printing (SITOR),
(2) HF voice communication, or
(3) MF or VHF voice communications.
(c) SITOR or HF reports made directly to the Coast Guard's
Communications Area Master Station Atlantic (CAMSLANT) in Chesapeake,
VA, or MF or VHF reports made to Coast Guard
[[Page 29235]]
activities or groups, should only be made by ships not equipped with
INMARSAT C. Ships in this category must provide all the required
information to the Coast Guard watchstander.
Sec. 169.140 What information must be included in the report?
Each ship report made to the shore-based authority must follow the
standard reporting and format requirements listed in table 169.140.
BILLING CODE 4910-15-P
[GRAPHIC] [TIFF OMITTED] TR01JN99.024
Dated: May 26, 1999.
T.H. Gilmour,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Marine
Safety and Environmental Protection.
[FR Doc. 99-13781 Filed 5-27-99; 1:33 pm]
BILLING CODE 4910-15-C