[Federal Register: February 28, 2003 (Volume 68, Number 40)]
[Rules and Regulations]
[Page 9549-9551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe03-24]
[[Page 9549]]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC 2002-13698]
RIN 2135-AA15
Seaway Regulations and Rules: Automatic Identification System
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
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SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and
the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the
St. Lawrence Seaway Regulations and Rules (Practices and Procedures in
Canada) in their respective jurisdictions. Under agreement with the
SLSMC, the SLSDC is amending the joint regulations to make use of
Automatic Identification System (AIS) in Seaway waters from St.
Lambert, Quebec to Long Point, mid-Lake Erie mandatory effective at the
beginning of the 2003 navigation season, which is scheduled for March
25, 2003.
The 2003 Seaway navigation season is scheduled to open on March 25.
These amendments will be in effect in Canada on that date. For
consistency, because these are joint regulations under international
agreement and to avoid confusion among users of the Seaway, the SLSDC
finds that there is good cause to make this U.S. version of the
amendments effective on that date, March 25, 2003.
DATES: This rule is effective on March 25, 2003.
FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint
Lawrence Seaway Development Corporation, 400 Seventh Street, SW.,
Washington, DC 20590, (202) 366-6823.
SUPPLEMENTARY INFORMATION: The Saint Lawrence Seaway Development
Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation
(SLSMC) of Canada, under international agreement, jointly publish and
presently administer the St. Lawrence Seaway Regulations and Rules
(Practices and Procedures in Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the SLSDC is amending the joint
regulations to make use of Automatic Identification System (AIS) in
Seaway waters from St. Lambert, Quebec to Long Point, mid-Lake Erie
mandatory effective at the beginning of the 2003 navigation season,
which is scheduled for March 25, 2003.
Background and Purpose
Since the opening of the Saint Lawrence Seaway in 1959, the Saint
Lawrence Seaway Development Corporation and the St. Lawrence Seaway
Management Corporation Vessel Traffic Services (VTS) system has been
responsible for monitoring the progress of commercial traffic to ensure
the safe and expeditious passage of vessels operating in Seaway sectors
under their control. Procedures in use today include limits on vessel
speed and requirements for all commercial traffic to report by voice on
marine VHF radio to the Vessel Control (VTC) centers. These reports are
made at designated ``call-in-points'' along the river. Traffic managers
at VTC centers use the vessel reports to monitor traffic patterns,
including one-way vessel traffic restricted areas and project the
estimated times of arrival (ETA) of vessels at locks in the Seaway.
SLSDC and SLSMC sponsored successful prototype demonstrations and
evaluations of a Global Positioning System based VTS system in the fall
of 1994 and during the 1995 shipping season. The demonstrations
established that a VTS using AIS technology was both feasible and cost
effective and can improve the efficiency and safety of operations. In
the 1999 shipping season, SLSDC and SLSMC deployed a modernized vessel
Traffic Management System (TMS). Now, for the first time, all vessel
control centers in the Saint Lawrence Seaway share a common vessel
information database. Presently, vessel positions, derived from
simulations based on transit histories of vessels, are entered manually
into the TMS system by traffic controllers and then updated by voice
reports from the vessels during actual transits.
AIS is a broadcast system, operating in the VHF maritime mobile
band. It is capable of sending and receiving ship information such as
identification, position, course, speed and more, to and from other
ships and to and from shore. The Seaway TMS will send pertinent
navigation information such as local wind speed and direction, water
levels, ice conditions, availability of next lockage, and safety-
related messages to vessels.
With the capabilities of ship-to-ship, ship-to-shore and shore-to-
ship communications, AIS will greatly enhance the safety, improve the
efficiency of the traffic management and increase the vessel security
and emergency response capabilities. Specifically, the potential
benefits of AIS for the Seaway entities include providing a more
efficient vessel traffic management as a result of knowing accurate
location and speed of the vessels, monitoring vessel speeds especially
for hazardous cargo and deeper draft vessels and faster response time
to vessels in case of security concerns and vessel accidents or
incidents. The potential benefits to the carrier users include the
reduction of overall transit time as a result of better scheduling of
lockages and other services timely dispatching of pilots. It also
provides real-time position, speed, heading and other pertinent
information of the vessel, which will allow master or pilot to better
coordinate on the meeting or overtaking in critical reaches of the
Seaway.
Comments and Modifications
On November 27, 2002, the SLSDC published a Notice of Proposed
Rulemaking asking for public comment. The SLSDC received three
comments. All three noted that the joint SLSDC-SLSMC rule would require
use of AIS in the Seaway System in advance of the dates set by the
International Maritime Organization (IMO) for certain commercial
vessels to be permanently equipped with AIS units. One commenter also
noted that the joint SLSDC-SLSMC requirement would also be in advance
of the same requirement for the navigable waters of the United States
under the ``Maritime Transportation Security Act of 2002'' (Pub. L.
107-295) (U.S. Act). The same commenter voiced concern that production
of integrated AIS equipment would not be sufficient to ensure
installation within the rule's timeframe. Another commenter also
recommended that, since the SLSDC-SLSMC requirement would precede the
IMO and the Act's effective dates, portable equipment be made available
and its use allowed. The St. Lawrence Seaway is jointly operated under
an International Agreement between the United States and Canada. It is
an inland waterway to which the IMO requirements do not apply.
Furthermore, the U.S. Act's does not apply in the navigable waters of
Canada, transit through which is inextricably necessary for passage
through the Seaway System. Thus, even if the requirement were not to
apply in the navigable waters of the United States, ships would still
be required to use it in Canadian waters. Entry into the Seaway System
in either direction is only through Canada. Thus, making the rule
applicable only in Canadian waters would be impractical. Moreover, the
Shipping Federation of Canada, representing approximately 95% of the
commercial oceangoing vessels using
[[Page 9550]]
the Seaway, has actively supported the Seaway AIS initiative. In
addition, according to the SLSMC, the Canadian Shipowners Association,
representing the commercial non-oceangoing vessels (lakers) using the
Seaway, expects 100% AIS equipage among its members. Notwithstanding,
the SLSDC-SLSMC rule does not require permanent installation of
integrated AIS equipment as required by the IMO and the U.S. Act before
the effective dates of those two requirements. The rule will allow the
use of temporary or, in some cases, portable equipment, for those
vessels not permanently equipped at considerably less cost. The SLSDC
and SLSMC have been working with private navigation equipment and
service vendors in Montreal to ensure that rental, temporary AIS units
will be available for vessels that do not have permanent shipboard AIS
installation. Thus, even if permanent, integrated units were not
available as alleged, these temporary units would be. Temporary AIS
installation will meet all carriage requirements as specified for
vessels required to be fitted with a gyro compass under the Seaway
Regulations and Rules. In this regard, subparagraph (b)(6) of the rule
has been changed to require ``temporary'' units meeting the
requirements of subparagraphs (b)(1) through (5) for these vessels, as
opposed to ``portable units,'' since portable units do not have the
gyro compass connection. For vessels that do not have to meet the gyro
compass requirement, use of portable units compatible to the
requirements of subparagraphs (b)(1) though (3) and (b)(5) still will
be allowed under a new subparagraph (b)(7). In addition, to be
consistent with the IMO and U.S. Act requirements, subparagraph (a)(1)
has been changed to apply only to ``commercial'' vessels that require
pre-clearance and have a 300 gross tonnage or greater, have a Length
Over All (LOA) over 20 meters, or carry more than 50 passengers for
hire. Another comment was concerned about a possible lack of type
approved AIS equipment. There are at least six major AIS transponder
manufacturers in the world that have already obtained type approved
certificates for AIS equipment from the IMO recognized testing houses
such as BSH of Germany and Qinetiq of the United Kingdom. Finally, the
reference in paragraph (b)(4) to the ``International Maritime
Organization (IMO) Guidelines for Installation of Shipborne Automatic
Identification System (AIS), NAV 48/18, 2 April 2002, as amended'' has
been changed to reflect the final version of ``6 January 2003.''
Final Rule
The SLSDC and the SLSMC are promulgating a new Sec. 401.20 that
requires mandatory use of AIS in Seaway waters from St. Lambert, Quebec
to Long Point, mid-Lake Erie effective at the beginning of the 2003
navigation season, which is scheduled for March 25, 2003. All
commercial vessels that require pre-clearance and have a 300 gross
tonnage or greater, have Length Over All (LOA) over 20 meters, or carry
more than 50 passengers for hire, will have to use an AIS transponder
to transit the Saint Lawrence Seaway. Dredges and floating plants and
towing vessels over 8 meters in length will also be required to use
AIS, except only each lead unit of combined and multiple units (tugs
and tows) will have to use it. Each vessel will have to meet the
following international recommendations, standards, and guidelines:
1. International Maritime Organization (IMO) Resolution MSC.74(69),
Annex 3, Recommendation on Performance Standards for a Universal
Shipborne AIS, as amended;
2. International Telecommunication Union, ITU-R Recommendation
M.1371-1: 2000, Technical Characteristics For A Universal Shipborne AIS
Using Time Division Multiple Access In The VHF Maritime Mobile Band, as
amended;
3. International Electrotechnical Commission, IEC 61993-2 Ed.1,
Maritime Navigation and Radio Communication Equipment and Systems--
AIS--Part 2: Class A Shipborne Equipment of the Universal AIS--
Operational and Performance Requirements, Methods of Test and Required
Test Results, as amended;
4. International Maritime Organization (IMO) Guidelines for
Installation of Shipborne Automatic Identification System (AIS), NAV
48/18, 6 January 2003, as amended, and for ocean vessels only, with a
pilot plug, as specified in Section 3.2 of those Guidelines, installed
close to the primary conning position in the navigation bridge and a
standard 120 Volt, AC, 3-prong power receptacle accessible for the
pilot's laptop computer; and
5. Computation of AIS position reports using differential GPS
corrections from the U.S. and Canadian Coast Guards' maritime
Differential Global Positioning System radiobeacon services.
6. The use of a temporary AIS unit in compliance with Class A AIS
transponder specifications and standards, as specified in 1 through 5
above, is permissible.
7. For each vessel less with LOA than 30 meters, the use of
portable AIS unit compatible with AIS transponder specifications and
standards, as specified in 1, 2, 3 and 5 above, is permissible.
Regulatory Evaluation
This regulation involves a foreign affairs function of the United
States and therefore Executive Order 12866 does not apply and
evaluation under the Department of Transportation's Regulatory Policies
and Procedures is not required.
Regulatory Flexibility Act Determination
The Saint Lawrence Seaway Development Corporation certifies that
this regulation will not have a significant economic impact on a
substantial number of small entities. The St. Lawrence Seaway Tariff of
Tolls primarily relates to commercial users of the Seaway, the vast
majority of whom are foreign vessel operators. Therefore, any resulting
costs will be borne mostly by foreign vessels.
Environmental Impact
This regulation does not require an environmental impact statement
under the National Environmental Policy Act (49 U.S.C. 4321, et reg.)
because it is not a major federal action significantly affecting the
quality of human environment. All nine AIS shore base stations (three
in U.S. and six in Canada) are co-located with the existing Seaway VHF
radio or private telephone towers.
Federalism
The Corporation has analyzed this rule under the principles and
criteria in Executive Order 13132, Dated August 4, 1999, and has
determined that it does not have sufficient federalism implications to
warrant a Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this rule under title II of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) and
determined that it does not impose unfunded mandates on State, local,
and tribal governments and the private sector requiring a written
statement of economic and regulatory alternatives.
Paperwork Reduction Act
This regulation has been analyzed under the Paperwork Reduction Act
of 1995 and does not contain new or
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modified information collection requirements subject to the Office of
Management and Budget review.
List of Subjects in 33 CFR Part 401
Hazardous materials transportation, Navigation (water), Penalties,
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.
Accordingly, the Saint Lawrence Seaway Development Corporation
amends 33 CFR chapter IV as follows:
PART 401--SEAWAY REGULATIONS AND RULES
Subpart A--[Amended]
1. The authority citation for subpart A of part 401 would continue
to read as follows:
Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR
1.52, unless otherwise noted.
2. Part 401 is amended by adding a new Sec. 401.20 to read as
follows:
Sec. 401.20 Automated Identification System.
(a) Each of the following vessels must use an Automatic
Identification System (AIS) transponder to transit the Seaway:
(1) each commercial vessel that requires pre-clearance in
accordance with Sec. 401.22 and has a 300 gross tonnage or greater,
has a Length Over All (LOA) over 20 meters, or carries more than 50
passengers for hire; and
(2) each dredge, floating plant or towing vessel over 8 meters in
length, except only each lead unit of combined and multiple units (tugs
and tows).
(b) Each vessel listed in paragraph (a) of this section must meet
the following requirements to transit the Seaway:
(1) International Maritime Organization (IMO) Resolution
MSC.74(69), Annex 3, Recommendation on Performance Standards for a
Universal Shipborne AIS, as amended;
(2) International Telecommunication Union, ITU-R Recommendation
M.1371-1: 2000, Technical Characteristics For A Universal Shipborne AIS
Using Time Division Multiple Access In The VHF Maritime Mobile Band, as
amended;
(3) International Electrotechnical Commission, IEC 61993-2 Ed.1,
Maritime Navigation and Radio Communication Equipment and Systems--
AIS--Part 2: Class A Shipborne Equipment of the Universal AIS--
Operational and Performance Requirements, Methods of Test and Required
Test Results, as amended;
(4) International Maritime Organization (IMO) Guidelines for
Installation of Shipborne Automatic Identification System (AIS), NAV
48/18, 6 January 2003, as amended, and, for ocean vessels only, with a
pilot plug, as specified in Section 3.2 of those Guidelines, installed
close to the primary conning position in the navigation bridge and a
standard 120 Volt, AC, 3-prong power receptacle accessible for the
pilot's laptop computer; and
(5) Computation of AIS position reports using differential GPS
corrections from the U.S. and Canadian Coast Guards' maritime
Differential Global Positioning System radiobeacon services; or
(6) The use of a temporary unit meeting the requirements of
paragraphs (b)(1) through (5) of this section is permissible; or
(7) For each vessel less with LOA less than 30 meters, the use of
portable AIS compatible with the requirements of paragraphs (b)(1)
through (3) and paragraph (5) of this section is permissible.
Issued at Washington, DC on February 25, 2003.
Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 03-4740 Filed 2-27-03; 8:45 am]
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