56600 Federal Register / Vol. 72, No. 191 / Wednesday, October 3, 2007 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 169 

[USCG–2005–22612] 

RIN 1625–AB00 

Long Range Identification and 

Tracking of Ships 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

require, consistent with international 

law, certain ships to report identifying 

and position data electronically. This 

proposed rule is intended to implement 

an amendment to chapter V of the 

International Convention for the Safety 

of Life at Sea (SOLAS), regulation 19– 

1, and would better enable the Coast 

Guard to correlate Long Range 

Identification and Tracking (LRIT) data 

with data from other sources, detect 

anomalies, and heighten our overall 

Maritime Domain Awareness. This 

proposed rule is consistent with the 

Coast Guard’s strategic goals of maritime 

security and maritime safety, and the 

Department’s strategic goals of 

awareness, prevention, protection, and 

response. 

DATES: Comments and related material 

must reach the Docket Management 

Facility on or before January 2, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2005–22612 to the 

Docket Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

You must also send comments on 

collection of information to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget. To 

ensure that the comments are received 

on time, the preferred method is by email at nlesser@omb.eop.gov or fax at 

202–395–6566. An alternate, though 

slower, method is by U.S. mail to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street NW., 

Washington, DC 20503, ATTN: Desk 

Officer, U.S. Coast Guard. 

You may inspect the material 

proposed for incorporation by reference 

at room 1210, U.S. Coast Guard 

Headquarters, 2100 Second Street SW., 

Washington, DC 20593–0001 between 9 

a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is 202–372–1425. 

Copies of the material are available as 

indicated in the ‘‘Incorporation by 

Reference’’ section of this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, contact Mr. William Cairns, Office 

of Navigation Systems, Coast Guard, 

telephone 202–372–1557, e-mail 

William.R.Cairns@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing comments and documents 

C. Public Meeting 

D. Privacy Act 

II. Acronyms 

III. Background and Purpose 

A. LRIT History—International and 

Domestic 

B. Summary of the SOLAS Amendment 

C. Description of the LRIT System 

IV. Discussion of Proposed Rule 

V. Regulatory Analysis 

A. Regulatory Evaluation 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’ 

paragraph below. 

A. Submitting Comments 

If you submit a comment, please 

include your name and address, identify 

the docket number for this rulemaking 

(USCG–2005–22612), indicate the 

specific section of this document to 

which each comment applies, and give 

the reason for each comment. You may 

submit your comments and material by 

electronic means, mail, fax, or delivery 

to the Docket Management Facility at 

the address under ADDRESSES; but 

please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time, 

click on ‘‘Search for Dockets,’’ enter the 

docket number for this rulemaking 

(USCG–2005–22612) in the Docket ID 

box, and click enter. You may also visit 

the Docket Management Facility in 

Room W12–140 on the Ground Floor of 

the West Building, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366– 

9329. 

C. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

D. Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

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published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

II. Acronyms 

AIS Automatic Identification System 

ASP Application Service Provider 

CSP Communications Service Provider 

DHS Department of Homeland Security 

DOT Department of Transportation 

DSC Digital Selective Calling 

GMDSS Global Maritime Distress and 

Safety System 

HF High Frequency 

ICC Intelligence Coordination Center 

IMO International Maritime Organization 

ITU International Telecommunication 

Union 

LRIT Long Range Identification and 

Tracking 

MF Medium Frequency 

MISLE Marine Information for Safety and 

Law Enforcement 

MSC Maritime Safety Committee 

NEPA National Environmental Policy Act 

of 1969 

NPRM Notice of Proposed Rulemaking 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

SAR Search and Rescue 

SOLAS International Convention for the 

Safety of Life at Sea, 1974, as amended 

SOLAS V/19–1 SOLAS Chapter V 

Regulation 19–1 

SSAS Ship Security Alert System 

VHF Very High Frequency 

VMS Vessel Monitoring System 

III. Background and Purpose 

This section discusses the United 

States’ involvement in the development 

of the international long-range 

identification and tracking (LRIT) 

scheme, provides a summary of the 

LRIT amendment to chapter V of the 

International Convention for the Safety 

of Life at Sea (SOLAS), regulation 19–

1, and describes how LRIT information 

will be generated and processed. 

A. LRIT History—International and 

Domestic 

In 2002, Congress enacted the 

Maritime Transportation Security Act of 

2002, Pub. L. 107–295, 116 Stat. 2064 

(November 25, 2002), one provision of 

which authorized the Secretary of the 

Department in which the Coast Guard is 

operating to develop and implement a 

long-range automated vessel tracking 

system for all vessels in United States 

waters that are equipped with the 

Global Maritime Distress and Safety 

System (GMDSS) or equivalent satellite 

technology. The Secretary was 

authorized to use existing maritime 

organizations to collect and monitor 

tracking information under the system. 

46 U.S.C. 70115 (2002). The Secretary 

delegated that authority to the Coast 

Guard. Department of Homeland 

Security Delegation No. 0170.1. The 

new system came to be called longrange identification and tracking of 

ships. 

The Coast Guard early-on realized 

that it would be necessary to work 

through the International Maritime 

Organization (IMO) to obtain an 

international agreement to achieve the 

full benefits of LRIT. Under the 

leadership of the Commandant of the 

Coast Guard, the U.S. aggressively 

pursued at IMO an international 

agreement by an amendment to the 

SOLAS Convention, 1974, that would 

authorize flag State, port State and 

coastal State access to LRIT information 

(ship name, position, and date and time 

of report) for all ships subject to that 

amendment. 

We use the terms ‘‘flag State,’’ ‘‘port 

State,’’ and ‘‘coastal State’’ throughout 

this document. Flag State refers to the 

nation whose flag the ship is entitled to 

fly. Port State refers to a nation at whose 

internal waters, ports, or roadsteads a 

ship will call, is calling, or has called. 

Coastal State refers to a nation off whose 

coast a ship is transiting without calling 

at its internal waters, ports, or 

roadsteads. 

This explanation of these three terms 

is provided to assist the reader in 

understanding the provisions of this 

proposed rule, and is not intended as a 

comprehensive definition of those 

terms. Nor is it to be understood to 

express a view as to the jurisdictional 

competence or authority of the nation in 

its capacities as a flag State, port State, 

or coastal State. 

From 2002 to 2006, the U.S. 

energetically pursued a SOLAS LRIT 

amendment through the IMO’s Maritime 

Safety Committee (MSC) and its 

subsidiary bodies. The resulting 

agreement included the establishment of 

a legal mechanism under the customary 

law of the sea, as reflected in the 1982 

Law of the Sea Convention, by which a 

coastal State could access foreign ship 

identification and tracking information 

for all ships subject to the regime a 

specified distance from the coast, 

including those not calling at a port or 

place of the coastal State. The SOLAS 

Contracting Governments, meeting at 

IMO, set that distance at 1,000 nautical 

miles. 

An amendment to the SOLAS 

Convention was agreed to at the 81st 

session of the MSC, as were 

performance standards and functional 

requirements for the new LRIT system. 

See, Resolutions MSC.202(81), 

containing the text of the amendment; 

and MSC.210(81) containing the 

performance standards and functional 

requirements of the LRIT system; both 

adopted May 19, 2006. 

Also during this period, the United 

States Congress continued its support 

for the LRIT goal, by amending 46 

U.S.C. 70115 in 2004 and again in 2006. 

The first amendment, struck the word, 

‘‘may’’ and inserted ‘‘shall, consistent 

with international treaties, conventions, 

and agreements to which the United 

States is a party,’’. See, sec. 803(b) of the 

Coast Guard and Maritime 

Transportation Act of 2004, Pub. L. 108–

293, 118 Stat. 1080 (August 9, 2004). 

The second amendment inserted a date 

certain, April 1, 2007, by which the 

LRIT system was to be developed and 

implemented. See, sec. 107 of the 

Security and Accountability for Every 

Port Act of 2006 (SAFE Port Act), Pub. 

L. 109–347, 120 Stat. 1891 (October 13, 

2006). It is clear from the foregoing 

serial amendments to 46 U.S.C. 70115, 

and the legislative history that Congress 

places great emphasis on the 

development and implementation of 

LRIT, consistent with SOLAS, and that 

the LRIT system must be developed as 

rapidly as possible. See Legislative 

History, H. Conf. Rpt. No. 107–777, at 

84 (Nov. 13, 2002), reprinted in 2002 

U.S. Code Cong. and Adm. News, 1325; 

H. Conf. Rep. No. 108–617, at 97 (Jul. 

20, 2004), reprinted in 2004 U.S. Code 

Cong. and Adm. News, 964, 965; H. 

Conf. Rpt. No. 109–711, at 83 (Sep. 29, 

2006). 

As a Contracting Government to 

SOLAS, the United States will be bound 

by the LRIT amendment. The IMOsponsored LRIT system is scheduled to 

become operational on December 31, 

2008. Most ships to which SOLAS V/ 

19–1 applies must begin transmitting 

their position reports starting with the 

first survey of the ship radio installation 

after December 31, 2008; new ships, 

those built on or after December 31, 

2008, will need to transmit position 

reports as soon as they get underway on 

their first international voyage. 

At IMO meetings in February 2007, 

including a Sub-Committee on 

Radiocommunications and Search and 

Rescue meeting, COMSAR 11, 

numerous countries expressed doubts 

about the system being ready for 

operational capability by the scheduled 

date and suggested that it might be 

necessary to postpone the IMO 

implementation date. The United States 

was among those countries voicing 

strong opposition to delaying the 

implementation date. 

The Coast Guard intends to 

implement LRIT for U.S. ships and 

ships calling at ports or places of the 

United States according to the schedule 

set forth in the proposed rule, regardless 

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of whether the IMO decides to postpone 

the international implementation date. 

If IMO LRIT implementation dates are 

pushed back, the Coast Guard would 

establish a national data center, the 

equivalent of an LRIT Data Center as 

described in section III.C below. This 

data center would be for U.S. flag ships 

and would make that data center 

available to other SOLAS Contracting 

Governments as a cooperative data 

center on an interim basis on the 

condition that those Contracting 

Governments that choose to take 

advantage of this offer arrange for their 

ships to pay for the communications 

and associated costs of transmitting the 

four positions reports per day required 

by the performance standards in 

Resolution MSC.210(81). 

If a Contracting Government does not 

participate in the U.S. national or 

cooperative data center, or does not 

participate in any other data center 

capable of transmitting LRIT 

information to the U.S. national or 

cooperative data center, then vessels 

from that Contracting Government that 

would be required to submit position 

reports to an LRIT Data Center under 

this proposed rule, would instead be 

required to transmit a position report 

every six hours to the National Vessel 

Movement Center. This is the same 

center where notices of arrival required 

under 33 CFR part 160, subpart C, are 

sent. 

B. Summary of the SOLAS Amendment 

The LRIT amendment to SOLAS does 

not prejudice the rights, jurisdiction, or 

obligations of states under international 

law. SOLAS chapter V, regulation 19–1 

(SOLAS V/19–1) applies to the 

following ships on international 

voyages: 

• Passenger ships (all ships carrying 

more than 12 passengers); 

• Cargo ships of 300 gross tonnage or 

more, including high speed craft; and 

• Mobile offshore drilling units (self 

propelled). 

These ships must be fitted with 

equipment that meets performance 

standards in IMO Resolution 

MSC.210(81) and automatically 

transmits—

• The identity of the ship; 

• Its position; and 

• The date and time the position 

report was provided. 

Contracting Governments are to bear 

all communications costs associated 

with LRIT information. There are no 

communications charges to ships for 

this purpose. 

Contracting Governments are entitled 

to purchase a ship’s LRIT information 

based on their relationship to the ship. 

A flag State may purchase information 

on a ship anywhere in the world as long 

as that ship is entitled to fly its flag. 

Unless the ship is within the internal 

waters of another State, a port State may 

purchase LRIT information on a ship 

calling at its ports after the ship has 

indicated its intention to do so and a 

coastal State may purchase LRIT 

information on a ship that is within a 

specified distance—not to exceed 1,000 

nautical miles—off the coastal State’s 

baseline. Additionally, a coastal State 

would not be entitled to position reports 

from a ship in its Flag Administration’s 

territorial seas. 

Shipboard equipment must be capable 

of being switched off in exceptional 

circumstances to protect the safety or 

security of the ship. In addition to those 

circumstances specified in international 

agreements, rules, or standards, the 

ship’s master may switch the equipment 

off if leaving it on would compromise 

the safety or the security of the ship. 

A Contracting Government is entitled 

to decide for security or other reasons 

not to provide LRIT information to other 

Contracting Governments in their 

capacity as a coastal State. If a 

Contracting Government wants to take 

advantage of this provision, it must 

notify IMO, which will in turn notify 

others. 

The SOLAS LRIT regime has 

provisions for safeguarding LRIT data. 

Contracting Governments must—

• Recognize and respect commercial 

confidentiality and sensitivity of LRIT 

information they receive; 

• Protect the information from 

unauthorized access and disclosure; and 

• Use the LRIT information in a 

manner consistent with international 

law. 

Contracting Governments with search 

and rescue (SAR) authorities are entitled 

to LRIT information without charge for 

SAR purposes. 

C. Description of the LRIT System 

The LRIT system consists of the 

shipborne LRIT information 

transmitting equipment, 

Communications Service Providers 

(CSPs), Application Service Providers 

(ASPs), LRIT Data Centers, including 

any related Vessel Monitoring System(s) 

(VMSs), the LRIT Data Distribution Plan 

and the International LRIT Data 

Exchange. Certain aspects of the 

performance of the LRIT system are 

reviewed or audited by the LRIT 

Coordinator acting on behalf of the IMO 

and its Contracting Governments. Figure 

1 provides an illustration of the LRIT 

System Architecture. 

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LRIT information is provided upon 

request to Contracting Governments and 

SAR services entitled to receive the 

information through a system of LRIT 

Data Centers. These centers may be 

National, Regional, Co-operative, or 

International. Each Administration 

determines the LRIT Data Center to 

which its flag ships will report. When 

information must be obtained from 

another data center, the International 

LRIT Data Exchange routes the request 

and the response. 

Each Administration provides to the 

LRIT Data Center it has selected a list of 

the ships entitled to fly its flag that will 

be required to transmit LRIT 

information. Flag Administrations 

should update such lists as and when 

changes occur. Ships need only transmit 

their LRIT information directly to the 

LRIT Data Center selected by their 

Administration. 

Shipborne Equipment 

SOLAS Chapter IV, Radio 

communications, requires ships 

operating beyond sea areas A1 and A2, 

but within sea area A3, to be equipped 

with an Inmarsat-C ship earth station 

(SOLAS IV/10). The Inmarsat satellite 

network provides high quality data (and 

voice) services for ships at sea under the 

GMDSS. The shipborne LRIT equipment 

may either be the radio equipment that 

forms part of the GMDSS (i.e., InmarsatC) or other satellite-based 

communications, or other secure (i.e., 

encrypted) terrestrial communications. 

Initially, LRIT was envisioned to use 

Inmarsat-C to transmit position reports. 

Inmarsat-C receiver equipment has 

changed over the years and, 

accordingly, its ability to satisfy LRIT 

requirements is varied. Some InmarsatC equipment may already be able to 

meet LRIT performance standards. Some 

may need hardware or software 

upgrades. Some older Inmarsat-C 

equipment (depending on the 

manufacturer), may not be upgradeable 

to meet LRIT requirements and will 

need to be replaced. We are not able to 

identify the population of vessels that 

may require upgrades or equipment 

replacement, but we do not anticipate 

this to be a large population. We invite 

public comment on this assumption 

about the size of this population. 

Under SOLAS Chapter IV, Radio 

communications, ships operating in sea 

areas A1 and A2 need very high 

frequency (VHF) and medium frequency 

(MF), or VHF and Inmarsat-C (SOLAS 

IV/9). As noted in the ‘‘Discussion of the 

Proposed Rule’’ section below, the 

United States has not defined sea areas 

A1 or A2. Those ships that currently 

operate in A1 and A2 on international 

voyages will need to carry LRIT 

equipment. This is an added equipment 

requirement for those ships that 

currently satisfy SOLAS requirements 

with VHF and MF. This is not believed 

to be a significant population. We invite 

public comment on this assumption. 

As the design of the LRIT system 

evolved at IMO, there was an 

accommodation for multiple CSPs and 

the associated shipborne LRIT 

equipment. For example, many shipping 

companies use fleet management 

systems which utilize satellite 

communications equipment other than 

Inmarsat to transmit information. 

Additionally, secure terrestrial high 

frequency (HF) communications may 

also satisfy LRIT requirements. All 

shipborne equipment will be registered 

with a given ASP that is recognized by 

the Administration. 

Communications Service Providers 

CSPs provide services which link the 

various parts of the LRIT system using 

communications protocols in order to 

ensure the end-to-end secure transfer of 

the LRIT information. A CSP is 

prohibited from using non-secure 

broadcast systems. A CSP may use a 

satellite-based communications system 

or a secure (encrypted) terrestrial 

communications system capable of 

reaching the requisite distances (i.e., 

high frequency radio). A CSP may also 

provide services as an ASP. 

Application Service Providers 

ASPs offer value-added services to 

LRIT Data Centers. An ASP provides a 

communication protocol interface 

between the CSPs and the LRIT Data 

Center, to enable—

• Remote integration of the shipborne 

equipment into an LRIT Data Center; 

• Automatic configuration of 

transmission of LRIT information; 

• Automatic modification of the 

interval of transmission of LRIT 

information; 

• Automatic suspension of 

transmission of LRIT information; 

• On-demand transmission of LRIT 

information; and 

• Automatic recovery and 

management of transmission of LRIT 

information. 

ASPs also provide an integrated 

transaction management system for the 

monitoring of LRIT information 

throughput and routing, and ensure that 

LRIT information is collected, stored 

and routed in a reliable and secure 

manner. 

LRIT Data Center 

An LRIT Data Center may be National, 

Regional, Cooperative, or the 

International Data Center. Each 

Administration decides to which LRIT 

Data Center its ships are required to 

transmit their LRIT information. The 

LRIT Data Center ensures that LRIT Data 

Users are only provided with the LRIT 

information they are entitled to receive 

as specified in SOLAS V/19–1. Each 

LRIT Data Center collects LRIT 

information directly from ships assigned 

to it by the Administration. It also 

collects LRIT information from ships 

instructed by their Administration to 

transmit the LRIT information to the 

center through the International LRIT 

Data Exchange. Similarly, it makes 

available LRIT information to other 

LRIT Data Centers through the 

International LRIT Data Exchange. 

LRIT Data Centers archive LRIT 

information for at least 1 year and until 

such time as the annual report of the 

audit of its performance by the LRIT 

Coordinator is accepted by IMO. 

All LRIT Data Centers would provide 

certain information to SAR services. 

These position reports, transmitted by 

all ships located within the geographic 

area specified by the SAR service 

requesting the information, would 

permit the rapid identification of ships 

which may be called upon to provide 

assistance in relation to the search and 

rescue of persons in distress at sea. The 

LRIT information will be provided 

irrespective of the location of the 

geographic area and even if the 

geographic area is outside the SAR 

region associated with the SAR service 

requesting the information. 

National, Regional and Co-operative 

LRIT Data Centers may also serve as a 

National, Regional, or Co-operative VMS 

and may require, as VMS, the 

transmission from ships of additional 

information, or of information at 

different intervals, or of information 

from ships which are not required to 

transmit LRIT information. 

If a National, Regional or Co-operative 

LRIT Data Center collects additional 

information from ships, it will transmit 

only the required LRIT information to 

the other LRIT Data Centers through the 

International LRIT Data Exchange. 

International LRIT Data Center 

There is one International LRIT Data 

Center for the ships of Contracting 

Governments not participating in a 

National, Regional or Co-operative LRIT 

Data Center. 

International LRIT Data Exchange 

There is one International LRIT Data 

Exchange which routes LRIT 

information between LRIT Data Centers 

using the information provided in the 

LRIT Data Distribution Plan. 

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LRIT Data Distribution Plan 

The LRIT Data Distribution Plan 

includes—

• A list of Contracting Governments 

and SAR services entitled to receive 

LRIT information, and their points of 

contact; 

• Information on the boundaries of 

geographic areas within which each 

Contracting Government is entitled to 

receive LRIT information about ships in 

the area; 

• Information given by a Contracting 

Government pursuant to SOLAS V/19–

1; 

• A list of ports and port facilities 

together with the associated geographic 

co-ordinates (based on World Geodetic 

System 84 datum) located within the 

territory of each Contracting 

Government; 

• The National, Regional, Cooperative and International LRIT Data 

Center(s) and their points of contact; 

and 

• A record indicating which LRIT 

Data Center is collecting and archiving 

LRIT information for each of the 

Contracting Governments. 

LRIT Coordinator 

The LRIT Coordinator reviews the 

performance of the LRIT system taking 

into account the provisions of SOLAS 

V/19–1 and the current performance 

standard and reports its findings at least 

annually. The LRIT Coordinator reviews 

the performance of ASPs that serve the 

International LRIT Data Center; audits 

the performance of all LRIT Data 

Centers based on archived information 

and their fee structures; audits the 

performance of the International LRIT 

Data Exchange and its fee structure, if 

any; and verifies that Contracting 

Governments and SAR services receive 

the LRIT information they have 

requested and are entitled to receive. 

Administrations 

Each Administration decides to which 

LRIT Data Center its ships are required 

to transmit their LRIT information. Each 

Administration provides to the selected 

LRIT Data Center the following 

information for each of its ships 

required to transmit LRIT information: 

• Name of ship; 

• IMO ship identification number; 

• Call sign; and 

• Maritime Mobile Service Identity. 

Contracting Governments 

Each SOLAS Contracting Government 

may obtain the LRIT information to 

which it is entitled under the provisions 

of SOLAS V/19–1, and has requested of 

the appropriate LRIT Data Center. A 

SOLAS Contracting Government 

provides the LRIT Data Center the 

criteria for receiving such information. 

The Contracting Government may give 

the LRIT Data Center standing orders 

regarding the criteria for receiving LRIT 

information. 

Search and Rescue Services 

A SAR service, when it wishes to 

receive LRIT information pursuant to 

the provisions of SOLAS V/19–1, 

indicates to the LRIT Data Center the 

criteria for receiving such information. 

According to SOLAS V/19–1, SAR 

services shall receive this information 

free of charge. Subject to the provisions 

of the national legislation of the SOLAS 

Contracting Government concerned, 

SAR services provide information when 

requested by the LRIT Coordinator to 

enable the review of the performance of 

the LRIT system and for the resolution 

of any disputes. 

IV. Discussion of Proposed Rule 

The proposed rule would require 

certain ships on an international voyage 

to transmit position information using 

LRIT equipment. These requirements 

would appear in a new subpart to 33 

CFR Part 169: Subpart C—Transmission 

of Long Range Identification and 

Tracking Information. 

As stated in proposed § 169.200, the 

purpose of the proposed LRIT 

regulations is to implement SOLAS V/ 

19–1 and to require certain ships 

engaged on an international voyage to 

transmit ship identification and position 

information electronically. The types of 

ships required to transmit position 

reports are identified in proposed 

§ 169.205: Passenger ships, including 

high-speed passenger craft, and cargo 

ships, including high speed craft, of 300 

gross tonnage or more, and selfpropelled mobile offshore drilling units. 

Under proposed § 169.210, a U.S. flag 

ship required to transmit position 

reports must do so at all times when 

engaged on an international voyage. A 

foreign flag ship must transmit position 

reports depending on its relationship to 

the United States. A foreign ship must 

transmit position reports once it has 

announced its intention to enter a U.S. 

port or place under U.S. notice of arrival 

requirements in 33 CFR part 160, 

subpart C. Once a foreign ship is within 

1,000 nautical miles of the United States 

baseline, it must transmit position 

reports unless, the ship’s Flag 

Administration, under authority of 

SOLAS V/19–1.9.1, has directed the 

ship not to do so. 

As noted above, many ships subject to 

this proposed rule will already have the 

necessary transmission equipment 

because of existing radio 

communications requirements under 

SOLAS Chapter IV and applicability 

requirements in SOLAS I/3 and IV/1. In 

addition, our definition of international 

voyage in proposed § 169.5 would 

capture U.S. flag ships operating from a 

foreign port. These ships would be 

subject to SOLAS XI–2/6 requirements 

and required under 33 CFR 104.297 to 

have a Ship Security Alert System 

(SSAS) which, like GMDSS equipment, 

should allow the ship to meet LRIT 

requirements without purchasing new 

equipment. 

LRIT implementation dates are based 

on when a ship is constructed and 

where it operates. The earliest LRIT 

implementation date in proposed 

§ 169.220 would be December 31, 2008, 

for ships constructed on or after that 

date. Ships constructed before 

December 31, 2008, would be required 

to comply with LRIT requirements by 

the first survey of the ships radio 

installation after December 31, 2008, if 

the ship operates within—

• One hundred (100) nautical miles of 

the United States baseline, or 

• Within range of an Inmarsat 

geostationary satellite, or other 

Application Service Provider recognized 

by the Administration, with which 

continuous alerting is available. 

An additional 6 months is provided—

until the first survey of radio 

installation after July 1, 2009—for ships 

constructed before December 31, 2008, 

that operate both within and outside the 

area or range identified immediately 

above. But those ships must meet the 

earlier deadline if they operate within 

that area or range on or before the first 

survey of the ships radio installation 

after July 1, 2009. 

We do not use the term ‘‘sea area’’ in 

our proposed rule. IMO uses that term 

in SOLAS V/19–1.4, regarding these 

installation dates above, as well as in 

describing a LRIT exemption. We have 

used a ship-within-range approach 

represented by set distances, instead, 

because the United States has not yet 

defined sea area A1 or A2, as it is 

permitted to do under SOLAS IV/1.12 

and 1.13 consistent with IMO 

Resolution A.801(19). For the purposes 

of implementing SOLAS V/19–1, we 

propose the following distances as the 

functional equivalents of our as-yet 

undefined sea areas: Sea area A1, within 

20 nautical miles from the U.S. baseline; 

sea area A2, within 20 to 100 nautical 

miles from the U.S. baseline. 

As stated in proposed § 169.215, LRIT 

equipment must be type-approved and 

meet the requirements of IMO 

Resolutions A.694(17) and MSC.210(81), 

and IEC standard IEC 60945. 

Manufacturers seeking type approval 

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should submit details of their 

equipment to Commandant, Office of 

Design and Engineering Standards. 

Under proposed § 169.225, a ship must 

use an Application Service Provider 

recognized by its Administration. Under 

proposed § 169.230, position reports 

must be transmitted every 6 hours 

unless a more frequent interval is 

requested remotely by an LRIT Data 

Center. 

As specified in proposed § 169.240, a 

ship may switch its LRIT equipment off 

when permitted by its Flag 

Administration or in circumstances 

described in SOLAS V/19–1.7, but 

under proposed § 169.245, the ship’s 

master must inform the Flag 

Administration promptly if the LRIT 

equipment is switched off or fails to 

operate. The reason for switching the 

equipment off, along with the duration 

of it being off, must be recorded in the 

ship’s logbook. 

An exemption from LRIT 

requirements is provided in proposed 

§ 169.235 for ships equipped with an 

operating automatic identification 

system (AIS) if the ship operates only 

within 20 nautical miles of the United 

States baseline, warships, and ships 

operating solely on the Great Lakes. 

In addition to adding subpart C, we 

also propose to revise the general 

provision in subpart A of 33 CFR part 

169 by revising the description of the 

purpose of the part, adding LRIT-related 

definitions in § 169.5, and adding an 

‘‘Incorporation by Reference’’ section 

where we incorporate IMO resolutions 

A.694(17), MSC.202(81) and 

MSC.210(81), and IEC standard IEC 

60945, respectively, related to SOLAS 

V/19–1 and LRIT performance standards 

and functional requirements. 

V. Regulatory Analysis 

A. Regulatory Evaluation 

Section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735, October 4, 1993, requires a 

determination whether a regulatory 

action is ‘‘significant’’ and therefore 

subject to review by the Office of 

Management and Budget (OMB) and 

subject to the requirements of the 

Executive Order. This proposed rule is 

not a ‘‘significant regulatory action’’

under Executive Order 12866 and does 

not require an assessment of potential 

costs and benefits under section 6(a)(3) 

of that Order. OMB has not reviewed it 

under that Order. 

The Maritime Transportation Security 

Act, authorized the Coast Guard under 

the Department of Homeland Security 

Delegation No. 0170.1, to implement the 

use of LRIT for U.S. and foreign flag 

ships off the U.S. coastlines that are 

equipped with GMDSS, i.e., 

INMARSAT-C, or equivalent satellite 

technology. The requirement of the 

carriage of this equipment for foreign 

flag vessels is contained in the SOLAS 

Convention, 1974, as amended, and in 

47 CFR part 80 for U.S. flag vessels. 

When implemented, LRIT, as an 

amendment to SOLAS, would enhance 

overall maritime domain awareness by 

providing the United States, as a 

Contracting Government to SOLAS, 

with the identities and current location 

information of vessels that are within 

1,000 nautical miles of the U.S., which 

includes vessels that may be in innocent 

passage or on the high seas. The 

Contracting Governments, including the 

U.S., meeting at the IMO set the 

distance at 1,000 nautical miles. As an 

ancillary benefit, LRIT may also assist 

the Coast Guard in the area of search 

and rescue by reducing the response 

time to the location of vessels in 

distress. 

This proposed rule would affect U.S. 

and foreign flag SOLAS vessels that 

transit internationally. LRIT would 

affect vessels engaged on international 

voyages and would include passenger 

vessels carrying more than 12 

passengers including high-speed craft, 

cargo ships 300 gross tonnage or more 

including high-speed craft, and selfpropelled mobile offshore drilling units. 

The equipment necessary to transmit 

LRIT data is not a new carriage 

requirement under this proposed rule. 

The affected U.S. flag vessel population 

should already have the requisite 

GMDSS equipment onboard, as defined 

in 47 CFR part 80, that is operable and 

capable of transmitting a vessel’s 

position automatically that meets the 

performance standards in IMO 

Resolution MSC.210 (81) and that can 

transmit LRIT data as detailed in the 

‘‘Description of the LRIT System,’’

Section III.C, above. 

We also envisioned LRIT to be 

backward compatible with existing 

equipment onboard vessels and we do 

not have any data to suggest otherwise. 

We estimate that less than 5 percent of 

U.S. flag vessels (less than 23 out of the 

estimated 450) may need some type of 

equipment enhancement (either 

software upgrades or equipment 

upgrades such as a new GMDSS unit for 

example) in order to satisfy the LRIT 

requirement and may incur minimal 

costs as a result of this proposed rule. 

We estimate the cost for a new GMDSS 

unit or equivalent satellite unit to be 

around $3,000. If new units were 

needed on only 23 U.S. flag vessels, 

then the equipment cost incurred by 

industry would be less than $70,000 to 

fulfill the LRIT requirement. 

We request comments from the public 

to determine whether your company 

would be required to make software or 

hardware upgrades or replacements in 

order to comply with the requirements 

of this proposed rule. In addition, we 

also request information on what this 

cost would be per affected vessel and 

how this would impact your company. 

In addition, we anticipate that the 

crew would not engage in activities 

outside of their normal duties in order 

to comply with the LRIT requirement. 

The only requirement for each vessel is 

to have the GMDSS activated when the 

vessel is underway so its position can be 

reported automatically. 

Flag States, port States, and coastal 

States, as described previously in this 

preamble, that are entitled to request 

and receive the LRIT information, 

would be required to pay for this 

service. The United States, as a 

Contracting Government, would incur 

the cost for vessels that transit within 

1,000 nautical miles of the U.S. 

coastline that transmit their position 

signals to a data center that collects the 

information. 

Based on information from the Coast 

Guard’s Intelligence Coordination 

Center (ICC) and Marine Information for 

Safety and Law Enforcement (MISLE) 

data, we estimate that 3,000 vessels 

transit within 1,000 nautical miles of 

the U.S. coastlines on any given day and 

would be affected by this proposed rule. 

To obtain the U.S. flag population of 

vessels, we utilized the Coast Guard’s 

MISLE database and searched vessels 

that are SOLAS-certificated and that 

have an ‘‘ocean’’ route designation. Of 

the approximately 3,000 vessels that ICC 

estimated, approximately 450 are U.S. 

flag vessels and the remaining balance 

is foreign flag vessels that transit 

internationally. 

The LRIT equipment would require a 

one-time activation and would remain 

on unless switched off in exceptional 

circumstances to protect the safety or 

security of the ship, or when the ship is 

no longer engaged on an international 

voyage. Once the crew activates the 

onboard equipment, information would 

be transmitted automatically from the 

vessel to an LRIT Data Center. More 

information on the LRIT System can be 

found in the ‘‘Description of the LRIT 

System,’’ Section III.C, above. 

Based on the SOLAS LRIT 

amendments, one transmission may be 

made every six hours, or four times a 

day, 365 days a year. The Coast Guard’s 

Office of Navigation Systems estimates 

that each transmission would cost the 

U.S. Government $0.25, or even less if 

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transmissions are purchased in bulk. We 

use $0.25 as a reasonable estimate for 

our analysis. We estimate that foreign 

flag vessels would make approximately 

10,200 transmissions per day (2,550 

vessels × 4 transmissions per day) for a 

total of 3,723,000 transmissions per year 

(2,550 vessels × 4 transmissions per day 

× 365 days per year). We estimate that 

U.S. flag vessels would make 

approximately 1,800 transmissions per 

day (450 vessels × 4 transmissions per 

day) for a total of 657,000 transmissions 

per year (450 vessels × 4 transmissions 

per day × 365 days per year). 

We estimate that the U.S. Government 

would incur data transmission costs of 

approximately $930,750 (3,723,000 

transmissions × $0.25 per transmission) 

annually from foreign flag vessels and 

$164,250 (657,000 transmissions × $0.25 

per transmission) annually from U.S. 

vessels for a total annual cost of 

$1,095,000. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

We have reviewed this proposed rule 

for potential economic impacts on small 

entities. Since the U.S. Government 

would incur costs associated with the 

transmission of information from a 

vessel to the United States and we 

estimate that any equipment upgrade 

cost that may be incurred by a ship 

would be no more than $3,000 and that 

less than 23 ships would require such 

upgrades, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this rulemaking so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If you think that this proposed rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning these provisions or options 

for compliance, please consult with the 

Coast Guard personnel listed in the FOR

FURTHER INFORMATION CONTACT section of 

this proposed rule. Note, the Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This proposed rule would call for a 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). As defined in 5 CFR 

1320.3(c), ‘‘collection of information’’

comprises reporting, recordkeeping, 

monitoring, posting, labeling, and other, 

similar actions. The title and 

description of the information 

collections, a description of those who 

must collect the information, and an 

estimate of the total annual burden 

follow. 

Title: Enhanced Maritime Domain 

Awareness via Electronic Transmission 

of Vessel Transit Data. 

OMB Control Number: 1625–xxxx. 

Summary of The Collection Of 

Information: Certain vessels will 

periodically report identity and position 

data electronically. 

Need for Information: When 

implemented, LRIT will enhance 

security by providing the United States 

with the identities and current location 

of vessels off our coastlines. The United 

States would then have sufficient time 

to evaluate the security risk posed by a 

vessel and then respond, if necessary, to 

reduce the risk of a possible security 

threat. In addition, there will also be an 

immediate safety benefit by enhancing 

the information available to SAR 

services. Accurate information on the 

location of a vessel in distress as well 

as vessels in the area that could lend 

assistance will save valuable response 

time to affect a timely rescue. 

Proposed Use of Information: Provide 

the United States with identity and 

current location data for a vessel off our 

coast and assess whether there is a 

security risk or to assist rescue 

coordination centers response to a 

vessel in distress. 

Description of the Respondents: 

Owners/operators of U.S. flag ships that 

trade internationally. 

Number of Respondents: 

Approximately 450 vessels. 

Frequency of Response: A one-time 

GMDSS LRIT system initialization for 

each vessel. 

Burden of Response: 20 minutes per 

vessel. 

Estimate of Total Annual Burden: 150 

hours. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have submitted a copy of 

this proposed rule to OMB for its review 

of the collection of information. 

We ask for public comment on the 

proposed collection of information to 

help us determine how useful the 

information is; whether it can help us 

perform our functions better; whether it 

is readily available elsewhere; how 

accurate our estimate of the burden of 

collection is; how valid our methods for 

determining burden are; how we can 

improve the quality, usefulness, and 

clarity of the information; and how we 

can minimize the burden of collection. 

If you submit comments on the 

collection of information, submit them 

both to OMB and to the Docket 

Management Facility where indicated 

under ADDRESSES, by the date under 

DATES. 

You need not respond to a collection 

of information unless it displays a 

currently valid control number from 

OMB. Before the requirements for this 

collection of information become 

effective, we will publish notice in the 

Federal Register of OMB’s decision to 

approve, modify, or disapprove the 

collection. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

It is well settled that States may not 

regulate in categories reserved for 

regulation by the Coast Guard. It is also 

well settled that all of the categories 

covered in 46 U.S.C. 3306, 3703, 7101, 

and 8101 (design, construction, 

alteration, repair, maintenance, 

operation, equipping, personnel 

qualification, and manning of vessels), 

as well as the reporting of casualties and 

any other category in which Congress 

intended the Coast Guard to be the sole 

source of a vessel’s obligations, are 

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within the field foreclosed from 

regulation by the States. See the 

decision of the Supreme Court in the 

consolidated cases of United States v. 

Locke and Intertanko v. Locke, 529 U.S. 

89, 120 S.Ct. 1135, March 6, 2000. 

The requirements in this proposed 

rule that certain ships on international 

voyages have and operate LRIT 

equipment that meets international 

performance standards fall into the 

categories of equipping ships and 

operating that equipment. Because the 

States may not regulate within these 

categories, preemption under Executive 

Order 13132 is not an issue. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

G. Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

H. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

I. Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

J. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

K. Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through OMB, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

Our proposed rule would use 

technical standards that were adopted 

by IMO’s Maritime Safety Committee. 

The IMO is considered a voluntary 

consensus standards group, but even if 

it was not, the OMB Circular regarding 

NTTAA, A–119, makes an exception for 

activities ‘‘carried out pursuant to 

treaties’’—such as revising Coast Guard 

regulations to reflect SOLAS 

amendments. 

M. Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.1D, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is not likely to have a 

significant effect on the human 

environment. A preliminary 

‘‘Environmental Analysis Check List’’

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule. 

List of Subjects in 33 CFR Part 169 

Endangered and threatened species, 

Marine mammals, Marine safety, 

Navigation (water), Radio, Reporting 

and recordkeeping requirements, 

Vessels, Water pollution control. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 169 as follows: 

PART 169—SHIP REPORTING 

SYSTEMS 

1. The authority citation for part 169 

is revised to read as follows: 

Authority: 33 U.S.C. 1230(d), 1231; 46 

U.S.C. 70115, Department of Homeland 

Security Delegation No. 0170.1. 

§ 169.1 [Amended] 

2. Amend § 169.1 as follows: 

a. In the section heading, remove the 

word ‘‘subpart’’ and add, in its place, 

the word ‘‘part’’; and 

b. In the last sentence, add the words 

‘‘maritime security and domain 

awareness,’’ immediately after 

‘‘navigation safety,’’. 

3. In § 169.5, revise the section 

heading; add introductory text and add, 

in alphabetical order, the definitions of 

the terms ‘‘Administration’’, ‘‘Cargo 

ship’’, ‘‘Flag Administration’’, ‘‘Gross 

tonnage’’, ‘‘High speed craft’’, ‘‘High 

speed passenger craft’’, ‘‘International 

voyage’’, ‘‘Long range identification and 

tracking (LRIT) information or position 

report’’, ‘‘LRIT Data Center’’, ‘‘Mobile 

offshore drilling unit’’, ‘‘Passenger 

ship’’, and ‘‘United States’’ to read as 

follows: 

§ 169.5 How are terms used in this part 

defined? 

As used in this part—

Administration means the 

Government of the State whose flag the 

ship is entitled to fly. 

Cargo ship means any ship which is 

not a passenger ship. 

Flag Administration means the 

Government of a State whose flag the 

ship is entitled to fly. 

Gross tonnage means tonnage as 

defined under the International 

Convention on Tonnage Measurement of 

Ships, 1969. 

* * * * * 

High speed craft means a craft that is 

operable on or above the water and is 

capable of a maximum speed equal to or 

exceeding V=3.7×displ.1667, where ‘‘V’’

is the maximum speed and ‘‘displ’’ is 

the vessel displacement corresponding 

to the design waterline in cubic meters. 

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High speed passenger craft means a 

high speed craft carrying more than 12 

passengers. 

International voyage means a voyage 

from a country to which the present 

International Convention for the Safety 

of Life at Sea (SOLAS), 1974 applies to 

a port outside such country, or 

conversely. For U.S. ships, such voyages 

will be considered to originate at a port 

in the United States, regardless of when 

the voyage actually began. Such voyages 

for U.S. ships will continue until the 

ship returns to the United States from 

its last foreign port. 

Long range identification and tracking 

(LRIT) information or position report 

means a report containing the following 

information: 

(1) The identity of the ship; 

(2) The position of the ship (latitude 

and longitude); and 

(3) The date and time of the position 

provided. 

LRIT Data Center means a center 

established by a SOLAS Contracting 

Government or a group of Contracting 

Governments, or in the case of the 

International Data Center, by IMO, to 

request, receive, process, and archive 

LRIT information. An LRIT Data Center 

may be National, Regional, Co-operative 

or International. 

* * * * * 

Mobile offshore drilling unit means a 

self-propelled vessel capable of 

engaging in drilling operations for the 

exploration or exploitation of subsea 

resources. 

Passenger ship means a ship that 

carries more than 12 passengers. 

* * * * * 

United States means the States of the 

United States, the District of Columbia, 

Guam, Puerto Rico, the Virgin Islands, 

American Samoa, the Northern Mariana 

Islands, and any other territory or 

possession of the United States. 

4. In subpart A, add § 169.15 to read 

as follows: 

§ 169.15 Incorporation by reference: 

Where can I get a copy of the publications 

mentioned in this part? 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish notice of 

change in the Federal Register and the 

material must be available to the public. 

All approved material is available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030 or 

go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, it is available 

for inspection at the Coast Guard, Office 

of Navigation Systems (CG–3PWN), 

2100 Second Street SW., Washington, 

DC 20593–0001, and is available from 

the sources indicated in this section. 

(b) International Electrotechnical 

Commission (IEC) Bureau Central de la 

Commission Electrotechnique 

Internationale, 3 rue de Varembe ́, P.O. 

Box 131, 1211 Geneva 20, Switzerland. 

(1) IEC 60945, Maritime navigation 

and radiocommunication equipment 

and systems general requirements—

methods of testing and required test 

results, Edition 4.0 (2002–08), 

incorporation by reference approved for 

§ 169.215. 

(2) [Reserved] 

(c) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, U.K. 

(1) IMO Resolution MSC.202(81), 

Adoption of Amendments to the 

International Convention for the Safety 

of Life at Sea, 1974, as Amended, May 

19, 2006, incorporation by reference 

approved for § 169.240. 

(2) IMO Resolution MSC.210(81), 

Performance Standards and Functional 

Requirements for the Long-Range 

Identification and Tracking of Ships, 

May 19, 2006, incorporation by 

reference approved for § 169.215. 

(3) Resolution A.694(17), General 

requirements for shipborne radio 

equipment forming part of the global 

maritime distress and safety system 

(GMDSS) and for electronic navigational 

aids, 6 November 1991, incorporation 

by reference approved for § 165.215. 

5. Add subpart C, consisting of 

§§ 169.200 through 169.245, to read as 

follows: 

Subpart C—Transmission of Long Range 

Identification and Tracking Information 

Sec. 

169.200 What is the purpose of this 

subpart? 

169.205 What types of ships are required to 

transmit LRIT information (position 

reports)? 

169.210 Where during its international 

voyage must a ship transmit position 

reports? 

169.215 How must a ship transmit position 

reports? 

169.220 When must a ship be fitted with 

LRIT equipment? 

169.225 Which Application Service 

Providers may a ship use? 

169.230 How often must a ship transmit 

position reports? 

169.235 What exemptions are there from 

reporting? 

169.240 When may LRIT equipment be 

switched off? 

169.245 What must a ship master do when 

LRIT equipment is switched off or fails 

to operate? 

Subpart C—Transmission of Long 

Range Identification and Tracking 

Information 

§ 169.200 What is the purpose of this 

subpart? 

This subpart implements Regulation 

19–1 of SOLAS Chapter V (SOLAS V/ 

19–1) and requires certain ships 

engaged on an international voyage to 

transmit vessel identification and 

position information electronically. This 

requirement enables the Coast Guard to 

obtain long range identification and 

tracking (LRIT) information and thus 

heightens our overall maritime domain 

awareness, enhances our search and 

rescue operations, and increases our 

ability to detect anomalies and deter 

transportation security incidents. 

§ 169.205 What types of ships are required 

to transmit LRIT information (position 

reports)? 

The following ships, while engaged 

on an international voyage, are required 

to transmit position reports: 

(a) A passenger ship, including high 

speed passenger craft. 

(b) A cargo ship, including high speed 

craft, of 300 gross tonnage or more. 

(c) A mobile offshore drilling unit 

while underway and not engaged in 

drilling operations. 

§ 169.210 Where during its international 

voyage must a ship transmit position 

reports? 

The requirements for the transmission 

of position reports, imposed by the 

United States, vary depending on the 

relationship of the United States to a 

ship identified in § 169.205. 

(a) Flag State relationship. A U.S. flag 

ship engaged on an international voyage 

must transmit position reports wherever 

they are located. 

(b) Port State relationship. A foreign 

flag ship engaged on an international 

voyage must transmit position reports 

after the ship has announced its 

intention to enter a U.S. port or place 

under requirements in 33 CFR part 160, 

subpart C. 

(c) Coastal State relationship. A 

foreign flag ship engaged on an 

international voyage must transmit 

position reports when the ship is within 

1,000 nautical miles of the baseline of 

the United States, unless their Flag 

Administration, under authority of 

SOLAS V/19–1.9.1, has directed them 

not to do so. 

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56610 Federal Register / Vol. 72, No. 191 / Wednesday, October 3, 2007 / Proposed Rules 

§ 169.215 How must a ship transmit 

position reports? 

A ship must transmit position reports 

using Long Range Identification and 

Tracking (LRIT) equipment that has 

been type-approved by their 

Administration. To be type-approved by 

the Coast Guard, LRIT equipment must 

meet the requirements of IMO 

Resolutions A.694(17) and MSC.210(81), 

and IEC standard IEC 60945 

(Incorporated by reference, see 

§ 169.15). 

§ 169.220 When must a ship be fitted with 

LRIT equipment? 

A ship identified in § 169.205 must be 

equipped with LRIT equipment—

(a) Before getting underway, if the 

ship is constructed on or after December 

31, 2008. 

(b) By the first survey of the radio 

installation after December 31, 2008, if 

the ship is—

(1) Constructed before December 31, 

2008, and 

(2) Operates within—

(i) One hundred (100) nautical miles 

of the United States baseline, or 

(ii) Range of an Inmarsat geostationary 

satellite, or other Application Service 

Provider recognized by the 

Administration, with which continuous 

alerting is available. 

(c) By the first survey of the radio 

installation after July 1, 2009, if the ship 

is—

(1) Constructed before December 31, 

2008, and 

(2) Operates within the area or range 

specified in paragraph (b)(2) of this 

section as well as outside the range of 

an Inmarsat geostationary satellite with 

which continuous alerting is available. 

While operating in the area or range 

specified in paragraph (b)(2) of this 

section, however, a ship must install 

LRIT equipment by the first survey of 

the radio installation after December 31, 

2008. 

§ 169.225 Which Application Service 

Providers may a ship use? 

A ship may use an Application 

Service Provider (ASP) recognized by its 

Administration. Some Communication 

Service Providers may also serve as an 

ASP. 

§ 169.230 How often must a ship transmit 

position reports? 

A ship’s LRIT equipment must 

transmit position reports at 6-hour 

intervals unless a more frequent interval 

is requested remotely by an LRIT Data 

Center. 

§ 169.235 What exemptions are there from 

reporting? 

A ship is exempt from this subpart if 

it is—

(a) Fitted with an operating automatic 

identification system (AIS), under 33 

CFR 164.46, and operates only within 

20 nautical miles of the United States 

baseline, 

(b) A warship, naval auxiliaries or 

other ship owned or operated by a 

SOLAS Contracting Government and 

used only on Government noncommercial service, or 

(c) A ship solely navigating the Great 

Lakes of North America and their 

connecting and tributary waters as far 

east as the lower exit of the St. Lambert 

Lock at Montreal in the Province of 

Quebec, Canada. 

§ 169.240 When may LRIT equipment be 

switched off? 

A ship engaged on an international 

voyage may switch off its LRIT 

equipment only when it is permitted by 

its Flag Administration, or in 

circumstances detailed in SOLAS V/19–

1.7 (Incorporated by reference, see 

§ 169.15). 

§ 169.245 What must a ship master do if 

LRIT equipment is switched off or fails to 

operate? 

(a) If a ship’s LRIT equipment is 

switched off or fails to operate, the 

ship’s master must inform his or her 

Flag Administration without undue 

delay. 

(b) The master must also make an 

entry in the ship’s logbook that states—

(1) His or her reason for switching the 

LRIT equipment off, or an entry that the 

equipment has failed to operate, and 

(2) The period during which the LRIT 

equipment was switched off or nonoperational. 

Note to § 169.245: For U.S. vessels, the U.S. 

Coast Guard’s Operations System Center 

(OSC) serves as the Flag Administration for 

purposes of this section. The OSC is located 

in Kearneysville, WV, and may be contacted 

by phone at 877–872–4797, or e-mail at 

LRIT@uscg.mil. 

Dated: September 28, 2007. 

J.G. Lantz, 

Acting Assistant Commandant for Prevention, 

U.S. Coast Guard. 

[FR Doc. 07–4895 Filed 9–28–07; 3:29 pm] 

BILLING CODE 4910–15–P 

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