Proposed Rule2022-06416
Electronic Chart and Navigational Equipment Carriage Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard seeks public input regarding the modification of the chart and navigational equipment carriage requirements in the Code of Federal Regulations (CFR). This advance notice of proposed rulemaking (ANPRM) outlines the Coast Guard's broad strategy to revise its CFR chart and navigational equipment carriage requirements to implement statutory electronic-chart-use provisions for commercial U.S.-flagged vessels and certain foreign-flagged vessels operating in the waters of the United States. This ANPRM is necessary to obtain additional information from the public before issuing a notice of proposed rulemaking. It will allow us to verify the extent of the requirements for the rule, such as how widely electronic charts currently are used, which types of vessels are using them, the appropriate equipment requirements for different vessel classes, and where the vessels operate, and will thereby allow us to tailor electronic chart requirements to vessel class and location.
Full Text
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<title>Federal Register, Volume 87 Issue 59 (Monday, March 28, 2022)</title>
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17241-17246]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06416]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 164
46 CFR Parts 25, 26, 28, 32, 35, 77, 78, 96, 97, 108, 109, 121,
130, 140, 167, 169, 184, 195, and 196
[Docket No. USCG-2021-0291]
RIN 1625-AC74
Electronic Chart and Navigational Equipment Carriage Requirements
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Coast Guard seeks public input regarding the modification
of the chart and navigational equipment carriage requirements in the
Code of Federal Regulations (CFR). This advance notice of proposed
rulemaking (ANPRM) outlines the Coast Guard's broad strategy to revise
its CFR chart and navigational equipment carriage requirements to
implement statutory electronic-chart-use provisions for commercial
U.S.-flagged vessels and certain foreign-flagged vessels operating in
the waters of the United States. This ANPRM is necessary to obtain
additional information from the public before issuing a notice of
proposed rulemaking. It will allow us to verify the extent of the
requirements for the rule, such as how widely electronic charts
currently are used, which types of vessels are using them, the
appropriate equipment requirements for different vessel classes, and
where the vessels operate, and will thereby allow us to tailor
electronic chart requirements to vessel class and location.
DATES: Comments and related material must be received by the Coast
Guard on or before June 27, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0291 using the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email John Stone, Office of Navigation Systems (CG-NAV-2),
Coast Guard; telephone 202-372-1093, email <a href="/cdn-cgi/l/email-protection#eba1848385c5a6c5b89f84858ed9ab9e98888cc5868287"><span class="__cf_email__" data-cfemail="b3f9dcdbdd9dfe9de0c7dcddd681f3c6c0d0d49ddedadf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
A. Purpose of the Advance Notice of Proposed Rulemaking (ANPRM)
B. Statutory Authority
IV. Background
A. ``Sunsetting'' of Raster Navigational Charts
B. Transition to Electronic Navigational Charts, and Electronic
Chart Display and Information Systems
C. Existing Chart Carriage and Associated Navigational Equipment
Carriage Regulations
D. Current Electronic Chart Systems Carriage and Equivalency
Guidance
V. ANPRM Discussion
VI. Information Requested
I. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. To do so, go
to <a href="http://www.regulations.gov">www.regulations.gov</a>, type USCG-2021-0291 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If you cannot submit
your material by using <a href="http://www.regulations.gov">www.regulations.gov</a>, call or email the person in
the FOR FURTHER INFORMATION CONTACT section of this advance notice of
proposed rulemaking document (ANPRM) for alternate instructions.
Viewing material in docket. To view documents mentioned in this
ANPRM as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document
[[Page 17242]]
Type column. Public comments will also be placed in our online docket
and can be viewed by following instructions on <a href="http://www.regulations.gov">www.regulations.gov</a>
Frequently Asked Questions web page. We review all comments received,
but we will only post comments that address the topic of the proposed
rule. We may choose not to post off-topic, inappropriate, or duplicate
comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see Department of Homeland Security's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting, but we
will consider doing so if we determine from public comments that a
meeting would be helpful. We would issue a separate Federal Register
document to announce the date, time, and location of such a meeting.
II. Abbreviations
AIS Automatic identification systems
ANPRM Advance notice of proposed rulemaking
DHS Department of Homeland Security
ECDIS Electronic chart display and information system
ECS Electronic chart system
ENC Electronic navigational chart
EPFD Electronic position fixing device
FR Federal Register
GT Gross tons
IEC International Electrotechnical Commission
IEHG Inland Electronic Navigational Chart Harmonization Group
IENC Inland Electronic Navigational Charts
IHO International Hydrographic Organization
IMO International Maritime Organization
NOAA National Oceanic and Atmospheric Administration
NVIC Navigation and Vessel Inspection Circular
RNC Raster navigational chart
RTCM Radio Technical Commission for Maritime Services
Sec. Section
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
III. Basis and Purpose
A. Purpose of the Advance Notice of Proposed Rulemaking (ANPRM)
This advance notice of proposed rulemaking (ANPRM) seeks comments
regarding possible modifications to the chart and navigational
equipment carriage requirements in titles 33 and 46 of the Code of
Federal Regulations (CFR). This ANPRM outlines the Coast Guard's broad
strategy to revise its CFR chart and navigational-equipment carriage
requirements, to implement statutory electronic-chart-use provisions
for commercial U.S.-flagged vessels, to include self-propelled vessels
of at least 65 feet in overall length, passenger vessels for hire,
towing vessels of more than 26 feet in overall length and 600
horsepower, and certain foreign-flagged vessels operating in the waters
of the United States.
In this ANPRM, we are seeking information on how widely electronic
charts are used, which types of vessels are using them, and where the
vessels operate, as well as views on the appropriate equipment
requirements for different vessel classes. The information obtained
from this ANPRM will assist in drafting a proposed rule that tailors
electronic charts requirements to vessel class and location.
B. Statutory Authority
Title 46 of the United States Code (U.S.C.) Section 3105(a)(1)
deems certain vessels ``equipped with and operating electronic
navigational charts that are produced by a government hydrographic \1\
office or conform to a standard acceptable to the Secretary'' as
compliant with charting requirements under title 33 or 46 of the
CFR.\2\ Additionally, 46 U.S.C. 3105(a)(2)(C) permits the granting of
waivers to vessels that use ``software-based, platform independent
electronic chart systems the Secretary determines are capable of
displaying electronic navigational charts with necessary scale and
detail to ensure safe navigation for the intended voyage.''
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\1\ The International Hydrographic Organization (IHO) defines
hydrography as, ``the branch of applied sciences which deals with
the measurement and description of the physical features of oceans,
seas, coastal areas, lakes and rivers, as well as the prediction of
their change over time, for the primary purpose of safety of
navigation and in support of all other marine activities, including
economic development, security and defense, scientific research, and
environmental protection.'' This definition was accessed on October
10, 2021 from: <a href="https://iho.int/en/importance-of-hydrography">https://iho.int/en/importance-of-hydrography</a>.
Recognized hydrographic offices in the United States include the
National Oceanic and Atmospheric Administration (NOAA), the U.S.
Army Corps of Engineers (USACE), and the National Geospatial-
Intelligence Agency (NGA).
\2\ Public Law 108-293 (2004), codified at 33 U.S.C. 1223a,
revised and re-codified at 46 U.S.C. 3105 (Pub. L. 115-282, Section
402(a)(1) (2018)). 46 U.S.C. 3105 was recently amended by section
8301 of the ``William M. (MAC) Thornberry National Defense
Authorization Act for Fiscal Year 2021'' (Pub. L. 116-283).
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These acceptable standards and capabilities need to be clarified
because paper and raster charts \3\ are being discontinued \4\ and
replaced by born-digital \5\ electronic navigational charts (ENCs).
This clarification is necessary because ENCs require additional
equipment, such as a display system, for the mariner to safely and
effectively navigate.
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\3\ A raster chart is an electronic reproduction (a picture)
made from a detailed scanning of a paper chart.
\4\ See NOAA, ``Sunsetting Traditional NOAA Paper Charts End of
Paper and Raster Nautical Chart Production Introduction of NOAA
Custom Charts'' (November 14, 2019), available at <a href="https://nauticalcharts.noaa.gov/publications/docs/raster-sunset.pdf">https://nauticalcharts.noaa.gov/publications/docs/raster-sunset.pdf</a>. This
document was accessed on October 5, 2021.
\5\ Born-digital means to be produced in digital form, rather
than being converted from print to digital form.
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Under 46 U.S.C. 70001(a)(3), the Coast Guard generally ``may
require vessels to install and use specified navigation equipment,
communications equipment, electronic relative motion analyzer
equipment, or any electronic or other device necessary to comply with a
vessel traffic service or that is necessary in the interests of vessel
safety.'' Upon completion of the National Oceanic and Atmospheric
Administration (NOAA) ``Sunset Plan,'' \6\ traditional paper charts may
no longer be available for some waterways or certified safe for
navigation for some vessels, which we discuss in more detail in section
IV.A of this ANPRM. Therefore, it may be necessary to require
electronic chart and related navigational equipment carriage on certain
vessels.
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\6\ Id.
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IV. Background
The regulations in titles 33 and 46 of the CFR require certain
vessels to carry currently corrected nautical charts, marine charts,
and publications when operating in U.S. waters, as well as equipment
necessary to ensure safe navigation (see table 1 in this ANPRM for a
list of regulations containing these requirements). At the time these
regulations were issued in 1951,\7\ paper charts were the only
available form of charts. Since that time, paper charts have evolved
into electronic charts.
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\7\ 16 FR 1511, 1542 (February 14, 1951).
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Section 410 of the Coast Guard and Maritime Transportation Act of
2004 required certain vessels operating on the navigable waters of the
United States be equipped with and operate electronic charts.\8\ At the
time, however, recognized hydrographic authorities did not maintain a
full portfolio of electronic charts, and an affordable means for a
mariner to display and safely use electronic charts was not available
on the market. Consequently, the Coast Guard did not issue
implementation regulations. Since the enactment of section 410 in 2004,
[[Page 17243]]
charting systems manufacturers have developed multiple systems that are
available to mariners for use, and recognized hydrographic authorities
now provide a full suite of electronic charts.
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\8\ See Public Law 108-293 (2004).
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A. ``Sunsetting'' of Raster Navigational Charts
NOAA is the U.S. hydrographic authority for nautical charts
covering the U.S. shoreline, Great Lakes, and waters within the U.S.
Exclusive Economic Zone. NOAA is undertaking a 5-year ``sunsetting''
program to gradually end the production of its raster navigational
charts (RNC) and paper nautical charts.\9\ Production of all NOAA's
RNCs and NOAA's paper nautical charts is scheduled to cease by January
2025.\10\
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\9\ See NOAA's notice and request for comments, ``Sunsetting of
Raster Nautical Charts,'' 84 FR 62512, November 15, 2019.
\10\ See NOAA's Raster Charts Products website, available at
Farewell to Traditional Nautical Charts (<a href="http://noaa.gov">noaa.gov</a>).
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B. Transition to Electronic Navigational Charts, and Electronic Chart
Display and Information Systems
In the 1990s, electronic chart technology took a leap forward with
the creation of ENCs.\11\ ENCs consist of a series of data points and
lines that define the shape and size of features to be displayed on a
computer. These data points and lines are linked to a database within
the ENC that can provide additional information about each charted
feature. Layers of ENC information, such as geographic place names or
bathymetry, can be turned on and off to reduce clutter when not needed.
Charted objects, such as regulated area restrictions, can be selected
to have the chart display system show more information about the
feature. The chart display can be zoomed in or out to have the
depiction of features expanded or shrunk. When zoomed in, the size of
text and symbols displayed on the ENC remains the same. This is an
improvement over RNCs; when RNCs are zoomed in, the display becomes
increasingly blocky or pixelated.
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\11\ See NOAA's ``Transforming the NOAA ENC. Implementing the
National Charting Plan.'' <a href="https://nauticalcharts.noaa.gov/publications/docs/enc-transformation.pdf">https://nauticalcharts.noaa.gov/publications/docs/enc-transformation.pdf</a>.
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Because ENCs are machine readable, they can interface with existing
shipboard navigational systems, such as electronic position fixing
devices (EPFDs), speed distance measuring equipment (for example, radar
and speed logs), gyrocompasses and transmitting heading devices, and
automatic identification systems (AIS). This allows ENCs to be oriented
in the direction of the vessel's transit and provide warnings or alerts
for low water, restricted areas, and course deviations.
The development and availability of ENCs was such a significant
change in charting that, in 2002, the International Maritime
Organization (IMO) amended its definition of a nautical chart in the
International Convention for the Safety of Life at Sea (SOLAS), as
amended.\12\ SOLAS, Chapter V, Regulation 2 defines Nautical chart or
nautical publication as ``a special-purpose map or book, or a specially
compiled database from which such a map or book is derived, that is
issued officially by or on the authority of a Government, authorized
Hydrographic Office or other relevant government institution and is
designed to meet the requirements of marine navigation.''
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\12\ These amendments came into force on January 7, 2002.
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The U.S. Army Corps of Engineers began production of Inland
Electronic Navigational Charts (IENC) in 2001. In 2002, NOAA announced
that its ENC met the SOLAS definition of a nautical chart and
subsequently renamed their ENC product, ``NOAA ENC[supreg],'' through a
statement of policy.\13\ In 2002, the Coast Guard certified the
Electronic Chart Display and Information System (ECDIS) as meeting the
nautical chart requirements in 33 CFR 164.33(a)(1), because it met the
same navigational safety concerns as paper nautical charts.\14\ During
this time, foreign government hydrographic offices also began producing
ENCs.
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\13\ 67 FR 39695, June 10, 2002.
\14\ See Coast Guard notice of policy, ``Carriage of Navigation
Equipment for Ships on International Voyages'' (67 FR 53382, August
15, 2002); and notice of policy; extension, ``Carriage of Navigation
Equipment for Ships on International Voyages'' (69 FR 42192, July
14, 2004).
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In an effort to standardize electronic charting data, the
International Hydrographic Organization (IHO) further defined \15\ and
created standards and specifications relevant to an ENC in 1996. The
IHO also recognized the manufacturer's role in ENC distribution by
acknowledging and defining the transformation of the entire ENC
contents and updates accessed by the display system (referred to as a
system electronic navigational chart).<SUP>16 17</SUP> The IMO amended
its definition of the term ENC to include conformity to IHO standards
in 2006 with Resolution MSC.232(82), ``Adoption of the Revised
Performance Standards for Electronic Chart Display and Information
Systems (ECDIS).'' \18\ In 2009, SOLAS Chapter V, Regulation 19
mandated that certain commercial vessels on international voyages use
ENCs as well as ECDIS.
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\15\ See IHO S-32 Hydrographic Dictionary, electronic
navigational chart, available at: <a href="http://iho-ohi.net/S32">http://iho-ohi.net/S32</a>. This
website was accessed on October 5, 2021.
\16\ IHO Resolutions of the International Hydrographic
Organization, Publication M-3, 2nd Edition--2010, Updated August
2018. This document is available at: <a href="https://iho.int/iho_pubs/misc/M3-E-AUGUST18.pdf">https://iho.int/iho_pubs/misc/M3-E-AUGUST18.pdf</a>. This website was accessed on January 19, 2022.
\17\ According to the IHO S-32 Hydrographic Dictionary, system
electronic navigational chart, is a database, in the manufacturer's
internal ECDIS (the display system) format, resulting from the loss-
less transformation of the entire ENC contents and updates. This
database is accessed by ECDIS (the display system) for the display
generation and other navigational functions and is the equivalent to
an up-to-date paper chart.
\18\ ENC means the database, standardized as to content,
structure and format, issued for use with ECDIS by or on the
authority of a Government, authorized Hydrographic Office or other
relevant government institution, and conform to IHO standards. The
ENC contains all the chart information necessary for safe navigation
and may contain supplementary information in addition to that
contained in the paper chart (such as sailing directions), which may
be considered necessary for safe navigation.
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Since 2002, charting system manufacturers have developed other
systems in addition to ECDIS, such as Electronic Chart Systems (ECS)
and Chart Radars that can display ENC data. In response to this
development, the Coast Guard recognizes that an ECDIS is not the only
way to display ENC data. More information is provided by ENC displays
integrated with navigational equipment, including real-time vessel
position, and additional data layers, such as bathymetry, which can be
used to trigger automatic safety alarms in equipped navigational
systems. As a result, use of ENCs in an ECDIS or other electronic chart
system may enhance situational awareness and navigational safety beyond
the ability of paper nautical charts.
C. Existing Chart Carriage and Associated Navigational Equipment
Carriage Regulations
Table 1 lists the parts, subparts, and sections in titles 33 and 46
of the CFR that contain the existing chart carriage and associated
navigational equipment carriage requirements by vessel class. These CFR
references are being considered for updating in a future rulemaking or
rulemakings, informed by comments received from this ANPRM, to allow
for electronic charts, electronic chart systems, and any integration
with new or existing navigational equipment. This table is provided for
information and is not intended to suggest that a future rule would
modify every regulation in this table. Only necessary regulations
pertaining to chart carriage and navigational equipment carriage
[[Page 17244]]
would be addressed in a future rulemaking.
Table 1--Existing Chart Carriage and Associated Navigational Equipment
Carriage Regulations in 33 and 46 CFR
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Navigational
Vessel type Chart carriage equipment carriage
regulations regulations
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Self-propelled Vessels >= 1600 33 CFR 164.33.... 33 CFR 164.35; 33 CFR
Gross Tons (GT). 164.41; 33 CFR
164.46.
Vessels >= 10,000 GT.......... 33 CFR 164.33.... 33 CFR 164.35; 33 CFR
164.37; 33 CFR
164.38; 33 CFR
164.40; 33 CFR
164.41; 33 CFR
164.46.
Towing Vessels >= 12 Meters... 33 CFR 164.72(b); 33 CFR 164.46; 33 CFR
46 CFR 140.705. 164.72; 46 CFR
140.725.
Commercial Fishing Vessels.... 46 CFR 28.225.... 33 CFR 164.46; 46 CFR
part 28.
Tank Vessels.................. 46 CFR 35.20-1... 33 CFR 164.46; 46 CFR
part 32, subpart
32.15.
Passenger Vessels (U.S. or 46 CFR 78.05-5... 33 CFR 164.46; 46 CFR
foreign) > 100 GT. part 77.
Cargo Vessels................. 46 CFR 97.05-5... 33 CFR 164.46; 46 CFR
part 96.
Mobile Offshore Drilling Units 46 CFR 109.565... 33 CFR 164.46; 46 CFR
part 108.
Passenger Vessels (U.S.) < 100 46 CFR 121.420... 33 CFR 164.46; 46 CFR
GT Carrying > 150 Passengers part 121.
or with Overnight
Accommodations for > 49
Passengers.
Offshore Supply Vessels....... 46 CFR 130.330... 33 CFR 164.46; 46 CFR
part 130.
Public Nautical School Ships.. 46 CFR 167.65-45. 33 CFR 164.46; 46 CFR
part 167, subpart
167.40.
Sailing School Vessels........ 46 CFR 169.809... 33 CFR 164.46; 46 CFR
part 169, subpart
169.700.
Passenger Vessels (U.S.) < 100 46 CFR 184.420... 33 CFR 164.46; 46 CFR
GT Carrying <= 150 Passengers part 184.
or with Overnight
Accommodations for <= 49
Passengers.
Oceanographic Research Vessels 46 CFR 196.05-5.. 33 CFR 164.46; 46 CFR
part 195.
Uninspected Vessels \19\...... 46 CFR 26.03-4... Not Applicable.
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D. Current Electronic Chart Systems Carriage and Equivalency Guidance
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\19\ Under existing 46 CFR part 25, subpart 25.10,
manufacturers, distributors, and dealers must install navigation
lights on uninspected vessels. However, we are considering adding
new requirements in 46 CFR part 25 for electronic chart systems, and
any integration with new or existing navigational equipment.
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In 2005, the Coast Guard solicited the assistance of the Radio
Technical Commission for Maritime Services (RTCM) \20\ to expand its
standard, RTCM 10900.6, ``RTCM Standard for Electronic Chart Systems
(ECS),'' to enhance the use of AIS and better provide for electronic
chart carriage. In three subsequent editions, the RTCM standard
addressed the backup requirements for SOLAS ECDIS and the use of
electronic charts on non-SOLAS class vessels. The updated 7th edition
of RTCM's ECS standard (10900.7) was published on April 5, 2017. This
edition established four classes of ECS and supported integration of
other installed navigational equipment, including radar, AIS, heading
input, and electronic position fixing systems.
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\20\ The RTCM is an international non-profit scientific,
professional and educational organization that is actively engaged
in the development of international standards for maritime radio
navigation and radio communication systems.
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These developments led the Coast Guard to pursue new or modified
standards to ECS, and were a key consideration for guidance issued via
Navigation and Vessel Inspection Circular (NVIC) 01-16, ``Use of
Electronic Charts and Publications in Lieu of Paper Charts, Maps and
Publications.'' NVIC 01-16 was issued on February 3, 2016 to address
the use of electronic charts domestically.\21\ NVIC 01-16 established
an equivalency to the chart and publication carriage requirements in
titles 33 and 46 of the CFR by permitting the use of ENCs in lieu of
paper charts, under certain circumstances. NVIC 01-16 was updated in
2017 \22\ and in 2020 \23\ to reflect changes in available technology
and in the use of electronic publications. The decline in the use of
paper nautical charts and rise in use of ENCs that started over two
decades ago has continued since NVIC 01-16 was issued in 2016.\24\ The
Coast Guard anticipates that any rule resulting from this ANPRM would
supersede NVIC 01-16.
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\21\ Although it has been revised by a subsequent document, the
original NVIC 01-16 is available to view at NVIC_01-
16_electronic_charts_and_publications.pdf (<a href="http://menlosecurity.com">menlosecurity.com</a>). This
document was accessed on October 5, 2021.
\22\ 82 FR 32851, July 18, 2017. Although it has been revised by
a subsequent document, NVIC 01-16 (Change 1) is available to view at
<a href="https://www.navcen.uscg.gov/pdf/electronic_charting/NVIC_01-16_ElectronicChartsAndPubsCh1.pdf">https://www.navcen.uscg.gov/pdf/electronic_charting/NVIC_01-16_ElectronicChartsAndPubsCh1.pdf</a>. This document was accessed on
October 5, 2021.
\23\ 85 FR 31789, May 27, 2020. NVIC 01-16 (Change 2) is
available at <a href="https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2016/NVIC_01-16_Ch-2_Final_2020-05-21.pdf?ver=2020-05-26-172404-563">https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2016/NVIC_01-16_Ch-2_Final_2020-05-21.pdf?ver=2020-05-26-172404-563</a>. This document was accessed on October 5, 2021.
\24\ See footnote 5 of this ANPRM for the link to the NOAA
Sunsetting Paper.
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V. ANPRM Discussion
With this ANPRM, the Coast Guard seeks information and public input
to assist us in establishing, through a future rulemaking, acceptable
electronic chart and related navigational equipment carriage
regulations in titles 33 and 46 CFR. The intent of changing the CFR
sections referenced in table 1 would be to provide safe navigation and
carriage requirements based on ENC chart data produced by U.S.
hydrographic offices.
More than 50 years ago, when the Coast Guard mandated chart
carriage on certain commercial vessels,\25\ the only charts available
to meet the requirements were paper charts. Under the existing
regulations referenced in table 1, not all vessels are required to
carry an electronic position fixing device, heading input device, or
ECDIS. The current domestic chart and navigational equipment carriage
regulations were not written for an electronic chart-only environment.
Although both 46 U.S.C. 3105 and NVIC 01-16 (Change 2) provide for
equivalencies between paper and electronic charts, they do not change
existing CFR requirements.
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\25\ 16 FR 1511, 1542, February 14, 1951.
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VI. Information Requested
With this ANPRM, the Coast Guard seeks public participation in
order to obtain additional information before issuing a notice of
proposed rulemaking
[[Page 17245]]
with proposed regulatory text. The information we obtain from you, the
public, should allow us to better develop requirements that better
ensure safe navigation and carriage based on ENCs. We seek information
on how widely used electronic charts are today, what types of vessels
are equipped and operate with electronic charts, where these vessels
typically operate, and what are appropriate equipment requirements for
different vessel classes. The more detailed information you provide,
the better informed the Coast Guard will be when considering possible
modifications to existing carriage requirements. We are particularly
interested in detailed reasons for your answers, and in explanations of
any calculations you make or other information on how you reach your
determinations when responding to these questions.
Specifically, we seek responses to the following questions:
Question 1. Should electronic charts and related navigational
equipment be required on certain vessels not on international voyages
even if paper charts are available for use and certified for
navigation? If yes, which vessels? Please explain why.
Question 2. Title 46 U.S.C. 3105 allows for self-propelled
commercial vessels of at least 65 feet in overall length, vessels
carrying more than a number of passengers for hire determined by the
Secretary, and towing vessels of more than 26 feet in overall length
and 600 horsepower, while operating on the navigable waters of the
United States, equipped with and operating electronic navigational
charts that are produced by a government hydrographic office or conform
to a standard acceptable to the Secretary, to be deemed in compliance
with any requirement under title 33 or 46, Code of Federal Regulations,
to have a chart, marine chart, or map on board. Paragraph (a)(1)(D) of
this statute gives the Secretary discretion to provide electronic chart
equivalency standards for any other vessel not specified. For which
types of vessels not listed in the statute should the Coast Guard
consider creating electronic chart equivalency standards? What types of
vessels, if any, should be excluded? Please explain why.
Question 3. Paragraph (a)(1)(B) of 46 U.S.C. 3105 allows for ``a
vessel carrying more than a number of passengers for hire determined by
the Secretary'' to be equipped with and operating electronic charts to
meet chart requirements under titles 33 and 46 of the CFR. If we were
to establish electronic chart carriage regulations, should we set the
number of passengers the same as in 46 CFR chapter I, subchapter K,
which applies to passenger vessels carrying more than 150 passengers or
with overnight accommodations for more than 49 passengers? If not, what
number of passengers for hire should the Coast Guard use as a minimum
for electronic chart carriage regulations?
Question 4. The National Technology Transfer and Advancement Act
(note to 15 U.S.C. 272) directs agencies to use voluntary consensus
standards in their regulatory activities. The Coast Guard is aware of
two voluntary industry consensus standards that provide standards for
ECDIS/ECS: (1) International Electrotechnical Commission (IEC)
61174:2015; \26\ and (2) RTCM 10900.7.\27\ What other voluntary
industry standards should we consider? Which of these voluntary
industry standards should be adopted, and why? Would these standards
provide sufficient requirements for the vessel categories listed in 46
U.S.C. 3105? If adopted, are these voluntary consensus standards too
prescriptive or do they contain too many requirements for certain
vessel classes? If so, why?
---------------------------------------------------------------------------
\26\ IEC 61174:2015 ECDIS standard.
\27\ RTCM 10900.7 ECS standard.
---------------------------------------------------------------------------
Question 5. The Secretary of Homeland Security may allow for
exemptions and waivers, as stated in 46 U.S.C. 3105(a)(2)(C), to permit
vessels as described in subparagraphs (A) through (D) of paragraph (1)
``that operate solely landward of the baseline from which the
territorial sea of the United States is measured to utilize software-
based, platform-independent electronic chart systems that the Secretary
determines are capable of displaying electronic navigational charts
with necessary scale and detail to ensure safe navigation for the
intended voyage.'' Should any vessels be exempted from electronic chart
system requirements? What standard, if any, should vessels operating
inside the U.S. territorial sea baseline be required to meet? If your
vessel is currently in this category and is using electronic charting
systems, what types of software and hardware are you using?
Question 6. Regarding EPFDs, NVIC 01-16 (Change 2) states that
position updates must be in real-time (delivered less than every 2
seconds), sound (8-to-20-meter accuracy), and have a minimum resolution
of 0.001 minutes (devices dependent on cellular connection are not
acceptable) in accordance with the Federal Radionavigation Plan, IMO
Resolution MSC.112(73), and IEC 61108-1. Should we incorporate these
standards in regulations for EPFDs used with ENCs for navigational
functions? If not, what standard(s) should they meet? Please explain
why.
Question 7. Should electronic navigational equipment listed in A
through F below, which is required for carriage on certain vessels, be
digitally integrated \28\ with electronic nautical charts and
navigational systems? Why or why not? What cyber security concerns
should be considered if electronic nautical charts and navigation
systems are integrated with this equipment?
---------------------------------------------------------------------------
\28\ See IEC 61162 Digital Interfaces for Navigation Equipment
within a Ship and National Marine Electronics Association (NMEA)
0183 Interface Standard.
---------------------------------------------------------------------------
(A) EPFD providing position information;
(B) AIS;
(C) Gyro compass or other means to determine a vessel's heading by
vessel-borne non-magnetic means and transmit heading information;
(D) Marine radar;
(E) Magnetic compass; or
(F) Voyage data recorder or simplified voyage data recorder.
Question 8. Current chart carriage requirements described in 33 CFR
164.33 require charts to be ``of a large enough scale and have enough
detail to make safe navigation of the area possible.'' Should a
specific scale be identified in regulation? Why or why not?
Question 9. When a vessel is reliant on ENC or IENC charts, should
the Coast Guard require the following back-up arrangements?
(A) An equivalent system to that being used to view electronic
charts as the primary means, connected to a power supply separate and
independent from the primary system;
(B) A non-equivalent ECS meeting a recognized standard, connected
to a power supply and independent from the primary system;
(C) Other; please specify; or
(D) No back-up arrangement required.
Question 10. Does your vessel have backup power capability? Should
an ECS be connected to a backup power supply separate and independent
from the primary system? What would be the cost of installing a backup
source? For the purpose of understanding your response, please include
the type and size of the vessel for which you are providing your
response.
Question 11. If you operate a vessel, are a vessel owner, or work
in an industry with vessels subject to the chart and navigational
equipment carriage requirements in titles 33 and 46
[[Page 17246]]
of the CFR, how prevalent are electronic chart display systems within
the vessel class with which you are knowledgeable? For example, in your
vessel class or industry, would you consider electronic chart display
systems to be very uncommon, uncommon, somewhat common, common, or very
common? For reference, the Coast Guard will attempt to quantify non-
numerical responses to questions for the purposes of an economic
analysis. We will consider ``very uncommon'' to represent an adoption
rate of 20 percent or less; ``uncommon'' to represent an adoption rate
between 20 and 40 percent; ``somewhat common'' to represent an adoption
rate between 40 and 60 percent; ``common'' to represent an adoption
rate between 60 and 80 percent; and ``very common'' to represent an
adoption rate of 80 percent or greater. For us to better understand the
context of your response, please provide the particular area of the
maritime industry or vessel class that your estimate is for, and the
basis for that estimate.
Question 12a. If your vessel lacks the navigational equipment
necessary to use and display ENC charts, what is your vessel type, what
equipment are you currently lacking, and what would be the estimated
cost of procuring and installing this equipment? Please let us know who
would procure and set up the equipment, and provide an estimate for how
long these processes would take. Will your company be able to use
existing vessel or shoreside maintenance personnel, or will an outside
marine electrician contractor or other technician have to be hired? Are
there situations where retrofitting a vessel with such equipment may
not be possible? If so, why and what vessel type?
Question 12b. If the additional ENC equipment would require updates
to your vessel's electrical system, please provide an estimate of the
expected costs to the vessel owner. If you cannot provide a cost
estimate, what type of technician would perform the update to the
electrical system and how long do you estimate that would take? Would
the vessel need to be docked or out of service for any of the
modifications described in this question? If so, for how long? Please
indicate the type of vessel in your response.
Question 13. How many hours per month do you currently spend
updating paper charts? What are the costs of maintaining a corrected
chart portfolio? How often do you replace paper charts? If you or your
company make the updates internally who is in charge of updating them
(master, mate, shore-based company employee, etc.)? If you contract
with a service, how much do you pay for the services provided?
Question 14. What are the ongoing costs for the necessary
electronic chart display system software, such as a charting
application or subscription service? How often are technicians required
to maintain or service the ECS and how much does this service cost? How
often do you anticipate replacing or upgrading an electronic chart
display system and what is the estimated cost to replace or upgrade it?
Question 15. If the Coast Guard were to propose electronic chart
and navigational equipment carriage requirements, what persons,
entities, or organizations would be positively or negatively impacted?
For example, a positive impact may include instances where an
individual, vessel owner, or company may experience cost savings from
time saved by no longer manually updating charts or an increase in
revenue from selling electronic chart display systems or software,
while a negative impact may result from an individual, vessel owner, or
company taking on additional equipment costs to be in compliance.
Question 16. Are there additional measures that should be
considered to relieve an economic burden if the Coast Guard were to
issue a rule to establish electronic chart and navigational equipment
carriage requirements? What would you consider to be the expected costs
and associated benefits of the additional measures? Please provide the
data and calculations for the determination of such costs and/or
benefits.
Question 17. Because of the similarities between an RTCM Class
``A'' ECS and an ECDIS, NVIC 1-16 (Change 2) encourages mariners
operating an RTCM Class ``A'' ECS to complete Coast Guard approved
ECDIS training. For all other mariners operating other ECS systems NVIC
01-16 (Change 2) identifies training topics for mariner
familiarization. Is a Coast Guard approved ECDIS course appropriate
training for mariners on vessels equipped with ECS? Should ECS specific
training be required for officers in charge of a navigational watch on
vessels equipped with ECS? What would you consider to be the estimated
costs for such training?
Dated: March 23, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2022-06416 Filed 3-25-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.