Mandatory Ship Reporting Systems

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