[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Rules and Regulations]
[Pages 17326-17327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07228]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 161 and 164

[Docket No. USCG-2005-21869]
RIN 1625-AA99


Vessel Requirements for Notices of Arrival and Departure, and 
Automatic Identification System

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

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SUMMARY: The Coast Guard published a final rule in the Federal Register 
on January 30, 2015, to expand the applicability of notice of arrival 
and automatic identification system (AIS) requirements and make related 
amendments regarding AIS. In that rule there is an error in the 
definition of Vessel Traffic Service (VTS) User and one in the AIS 
applicability regulation. This rule corrects those errors.

DATES: This rule is effective April 1, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email call or email Mr. Jorge Arroyo, Office of Navigation 
Systems (CG-NAV-2), Coast Guard; telephone 202-372-1563, email 
<a href="/cdn-cgi/l/email-protection#5913362b3e3c77182b2b362036192c2a3a3e77343035"><span class="__cf_email__" data-cfemail="8ec4e1fce9eba0cffcfce1f7e1cefbfdede9a0e3e7e2">[email protected]</span></a>. If you have questions on viewing or submitting 
material to the docket, call Ms. Cheryl Collins, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Viewing Documents Associated With This Rule

    To view the final rule published on January 30, 2015 (80 FR 5282), 
or other documents in the docket for this rulemaking, go to 
www.regulations.gov, type the docket number, USCG-2005-21869, in the 
``SEARCH'' box and click ``SEARCH.'' Click on ``Open Docket Folder'' in 
the first item listed. Use the following link to go directly to the 
docket: www.regulations.gov/#!docketDetail;D=USCG-2005-21869.

Background

    On January 30, 2015, the Coast Guard published a final rule to 
expand the applicability of notice of arrival and automatic 
identification system (AIS) requirements and make related amendments 
regarding AIS. 80 FR 5282. We have identified two errors in this 
correction document.
    In the final rule, we revised the definition of ``VTS User'' 
(Vessel Traffic Service User) in 33 CFR 161.2. 80 FR 5334. Paragraph 
(3) of that definition should only have included vessels required to 
install and use a Coast Guard type-approved AIS, instead the definition 
included all vessels equipped with a Coast Guard type-approved AIS 
whether it is required or not. The definition published in the final 
rule is inconsistent with the discussion in the preambles of both the 
NPRM and final rule which encourage all vessel owners to use AIS. 73 FR 
76295, 76301, December 16, 2008; and 80 FR 5311, Jan. 30, 2015. The 
definition of ``VTS User'' in the final rule is also inconsistent with 
our authority to impose VTS User requirements.
    Also in the final rule at paragraph (b)(1)(iii) of 33 CFR 164.46, 
we omitted the word ``self-propelled'' when describing vessels 
certificated to carry more than 150 passengers that are

[[Page 17327]]

required to have on board a properly installed, operational Coast Guard 
type-approved AIS Class A device. 80 FR 5335. As indicated in the final 
rule preamble (80 FR 5307, January 30, 2015) and the NPRM proposed rule 
(73 FR 76317, December 16, 2008), we intended to limit the 
applicability of Sec.  164.46(b)(1)(iii) to self-propelled vessels.

Need for Corrections

    As discussed above, the published definition of ``VTS User'' in 33 
CFR 161.2 and AIS applicability paragraph (b)(1)(iii) in Sec.  164.46 
each contain an error which is misleading and needs to be corrected.

List of Subjects

33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

33 CFR Part 164

    Incorporation by reference, Marine safety, Navigation (water), 
Reporting and recordkeeping requirements, Waterways.
    Accordingly, 33 CFR parts 161 and 164 are corrected by making the 
following correcting amendments:

PART 161--VESSEL TRAFFIC MANAGEMENT

0
1. The authority citation for part 161 continues to read as follows:

    Authority:  33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. In Sec.  161.2, add the word ``required'' before the words ``Coast 
Guard'' in paragraph (3) of the definition of ``VTS User.''

PART 164-NAVIGATION SAFETY REGULATIONS

0
3. The authority citation for part 164 continues to read as follows:

    Authority:  33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1. Sec. 164.13 also issued 
under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 
and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 
U.S.C. 6101.


0
4. In Sec.  164.46(b)(1)(iii), add the word ``self-propelled'' before 
the word ``vessel''.

    Dated: March 25, 2015.
K. Kroutil,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2015-07228 Filed 3-31-15; 8:45 am]
 BILLING CODE 9110-04-P


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