Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules 17241 

401(a)(9) must be paid directly to the 

individual. 

(6) Effective opportunity to make 

election. Any election that is provided 

to an individual pursuant to paragraph 

(e)(3) or (4) of this section must include 

an effective opportunity for the 

individual to make the election. 

Whether an individual has an effective 

opportunity to make an election is 

determined based on all the relevant 

facts and circumstances, including the 

adequacy of notice of the availability of 

the election, the period of time during 

which the election may be made, and 

any other conditions on the election. 

(f) Other rules—(1) Form of notices 

and elections. Any notice provided or 

election made pursuant to paragraph (b) 

or (e) of this section must be in written 

or electronic form. For notices and 

elections provided to or made by 

participants and beneficiaries, see 

generally § 1.401(a)–21 for rules 

permitting the use of electronic media to 

provide applicable notices and make 

participant elections with respect to 

retirement plans. 

(2) Status of spun-off plan. In the case 

of any plan that is spun off in 

accordance with paragraph (d)(2) of this 

section, any participating employer 

failure that would have caused the 

section 413(e) plan to fail to meet the 

requirements of section 401(a) or 408, as 

applicable, but for the application of the 

exception set forth in paragraph (a)(1) of 

this section, will result in the spun-off 

plan failing to meet those requirements. 

(3) Responsible parties. A 

participating employer demonstrates a 

lack of commitment to compliance if the 

participating employer fails to take 

appropriate remedial action pursuant to 

paragraph (c)(2) of this section or 

initiate a spinoff pursuant to paragraph 

(c)(3) of this section by the final 

deadline described in paragraph (c)(1) of 

this section. The IRS reserves the right 

to pursue appropriate remedies under 

the Code against any party (such as the 

owner of the participating employer) 

who is responsible for the failure to 

satisfy the requirements of section 

401(a) or 408, as applicable, even in the 

party’s capacity as a participant or 

beneficiary (such as by not treating a 

section 413(e) plan distribution made 

with respect to the owner of a 

participating employer as an eligible 

rollover distribution). 

(g) Applicability date. This section 

applies beginning on [PUBLICATION 

DATE OF FINAL RULE]. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2022–06005 Filed 3–25–22; 8:45 am] 

BILLING CODE 4830–01–P 

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. 

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 

www.regulations.gov. 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 

John.M.Stone2@uscg.mil. 

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 

www.regulations.gov. To do so, go to 

www.regulations.gov, 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 www.regulations.gov, 

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 


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1The 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: 

https://iho.int/en/importance-of-hydrography. 

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). 

2Public 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). 

3A raster chart is an electronic reproduction (a 

picture) made from a detailed scanning of a paper 

chart. 

4See NOAA, ‘‘Sunsetting Traditional NOAA 

Paper Charts End of Paper and Raster Nautical 

Chart Production Introduction of NOAA Custom 

Charts’’ (November 14, 2019), available at https:// 

nauticalcharts.noaa.gov/publications/docs/rastersunset.pdf. This document was accessed on October 

5, 2021. 

5Born-digital means to be produced in digital 

form, rather than being converted from print to 

digital form. 

6 Id. 

7 16 FR 1511, 1542 (February 14, 1951). 

8See Public Law 108–293 (2004). 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on www.regulations.gov 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 https://www.regulations.gov 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 

§ 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.’’ 

These acceptable standards and 

capabilities need to be clarified because 

paper and raster charts 3 are being 

discontinued 4 and replaced by borndigital 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. 

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. 

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. 

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, 


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9See NOAA’s notice and request for comments, 

‘‘Sunsetting of Raster Nautical Charts,’’ 84 FR 

62512, November 15, 2019. 10See NOAA’s Raster Charts Products website, 

available at Farewell to Traditional Nautical Charts 

(noaa.gov). 11See NOAA’s ‘‘Transforming the NOAA ENC. 

Implementing the National Charting Plan.’’ https:// 

nauticalcharts.noaa.gov/publications/docs/enctransformation.pdf. 

12These amendments came into force on January 

7, 2002. 

13 67 FR 39695, June 10, 2002. 

14See 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). 

15See IHO S–32 Hydrographic Dictionary, 

electronic navigational chart, available at: http://

iho-ohi.net/S32. 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: https://iho.int/iho_pubs/ 

misc/M3-E-AUGUST18.pdf. This website was 

accessed on January 19, 2022. 

17According 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 lossless 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. 

18ENC 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. 

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. 

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

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. 

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.’’ 

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®,’’ 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. 

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).16 17 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. 

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 


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19Under 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. 20The 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. 

21Although 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 (menlosecurity.com). 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 https://

www.navcen.uscg.gov/pdf/electronic_charting/ 

NVIC_01-16_ElectronicChartsAndPubsCh1.pdf. 

This document was accessed on October 5, 2021. 

23 85 FR 31789, May 27, 2020. NVIC 01–16 

(Change 2) is available at 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. This document was accessed on 

October 5, 2021. 

24See footnote 5 of this ANPRM for the link to 

the NOAA Sunsetting Paper. 25 16 FR 1511, 1542, February 14, 1951. 

would be addressed in a future 

rulemaking. 

TABLE 1—EXISTING CHART CARRIAGE AND ASSOCIATED NAVIGATIONAL EQUIPMENT CARRIAGE REGULATIONS IN 33 AND

46 CFR 

Vessel type Chart carriage regulations Navigational equipment carriage regulations 

Self-propelled Vessels ≥ 1600 Gross Tons (GT) ............. 33 CFR 164.33 ................... 33 CFR 164.35; 33 CFR 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); 46 CFR 

140.705.

33 CFR 164.46; 33 CFR 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 foreign) > 100 GT ............... 46 CFR 78.05–5 ................. 33 CFR 164.46; 46 CFR 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 GT Carrying > 150 

Passengers or with Overnight Accommodations for > 

49 Passengers.

46 CFR 121.420 ................. 33 CFR 164.46; 46 CFR part 121. 

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 GT Carrying ≤ 150 

Passengers or with Overnight Accommodations for ≤ 

49 Passengers.

46 CFR 184.420 ................. 33 CFR 164.46; 46 CFR part 184. 

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. 

D. Current Electronic Chart Systems 

Carriage and Equivalency Guidance 

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. 

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. 

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. 

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 


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Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules 17245 

26 IEC 61174:2015 ECDIS standard. 

27RTCM 10900.7 ECS standard. 

28See IEC 61162 Digital Interfaces for Navigation 

Equipment within a Ship and National Marine 

Electronics Association (NMEA) 0183 Interface 

Standard. 

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? 

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-to20-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? 

(A) EPFD providing position 

information; 

(B) AIS; 

(C) Gyro compass or other means to 

determine a vessel’s heading by vesselborne 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 


jspears on DSK121TN23PROD with PROPOSALS1
17246 Federal Register / Vol. 87, No. 59 / Monday, March 28, 2022 / Proposed Rules 

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, shorebased 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2022–0064] 

RIN 1625–AA00 

Safety Zone; Blue Angels at Kaneohe 

Bay Air Show; Oahu, HI 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone 

while the U.S. Navy Blue Angels 

Squadron conducts aerobatic 

performances over Kaneohe Bay, Oahu, 

Hawaii, from 9:00 a.m. through 5:00 

p.m., August 12–14, 2022. This safety 

zone is necessary to protect watercraft 

and the general public from hazards 

associated with the U.S. Navy Blue 

Angels aircraft low flying, high powered 

jet aerobatics over open waters. Vessels 

desiring to transit through the zone can 

request permission by contacting the 

Honolulu Captain of the Port (COTP) or 

his designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 27, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0064 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Chief Petty 

Officer Bradley Lindsey, Waterways 

Management Division, U.S. Coast Guard 

Sector Honolulu; telephone (808) 541– 

4363, email Bradley.w.lindsey@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On January 27, 2022, Kaneohe Bay Air 

Show 2022 coordinators informed the 


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