applicability;
                                                                                additional flexibility
                                                                                for compliance to
                                                                                include the less costly
                                                                                Class B AIS devices on
                                                                                certain classes of
                                                                                vessels.
                                   .........................  U.S. Costs: Mean trips,
                                                               $0.20-$0.24 million (7
                                                               and 3 percent).
                                   AIS:.....................
                                   10-year: $130.1 million..
                                   Annualized: $18.0 million
                                   .........................  10-year: $935,597.......
                                                              Annualized: $133,208
                                                               (above NOA costs not in
                                                               millions).
                                   Total:...................
                                   10-year: $181.4-$199.6
                                    (millions).
                                   Annualized: $25.3-$27.7
                                    (millions).
                                   .........................  AIS:....................
                                                              Foreign Costs: $0.58-
                                                               $0.69 million (7 and 3
                                                               percent).
                                   .........................  U.S. Costs: $45.0-$53.4
                                                               million (7 and 3
                                                               percent).
                                   .........................  10-year: $46.0 million..
                                                              Annualized: $6.5 million
                                   .........................  Total NOA & AIS:........
                                                              10-year: $46.5 million..
                                                              Annualized: $6.6 million
Benefits ($ millions, 7-percent    NOAD & AIS: Enhanced MDA,  NOA & AIS: Enhanced MDA,  Extension of compliance
 discount rate).                    synergy between both       synergy between both      start date; change in
                                    portions of rule;          portions of rule;         applicability.
                                    improved communication.    improved communication.
                                   AIS:.....................  AIS:....................
                                   10-year: $24.7 million     10-year: $25.1 million
                                    (avoided injuries,         (avoided injuries,
                                    fatalities).               fatalities).
                                   Annualized: $3.5 million   Annualized: $3.6 million
                                    (avoided injuries,         (avoided injuries,
                                    fatalities).               fatalities).
                                   136 barrels of oil not     85 barrels of oil not
                                    spilled (10-year).         spilled (10-year).
----------------------------------------------------------------------------------------------------------------

    The Coast Guard is revising the applicability of NOA and AIS to
include more commercial vessels. The NOA requirements include:
establishing a mandatory requirement for electronic submission of NOA,
and modifying reporting content, timeframes, and procedures. This final
rule will also require foreign-flag commercial vessels

300 gross tons and less to submit NOAs when transiting two or more COTP
zones, will add five additional fields to the NOA information
requirements (but information for two of these fields is already
required by two Coast Guard fields that are being modified), and
eliminate consolidated NOAs.
    This final rule also updates our implementation of SOLAS AIS
requirements and permits use of AIS Class B devices for certain vessels
not subject to SOLAS to meet Sec.  164.46 AIS requirements. It also
extends MTSA-based AIS carriage requirements beyond the current VTS
areas to all U.S. navigable waters. The MTSA-based, AIS portion of this
final rule covers all commercial self-propelled vessels 65 feet or more
in length (including fishing and passenger vessels), and towing vessels
at least 26 feet in length and 600 horsepower. It also includes--
     Self-propelled vessels engaged in dredging operations in
or near a commercial channel or shipping fairway in a manner likely to
restrict or affect navigation of other vessels, and
     Vessels moving CDC as defined in subpart C of part 160 of
this chapter, or flammable or combustible liquid cargo in bulk.
     Vessels certificated to carry more than 150 passengers.
The following table describes AIS carriage costs and benefits and
identifies the source of each requirement:

---------------------------------------------------------------------------

    \4\ We estimated the cost per vessel to carry AIS (Class A) in
the 2003 MTSA final rule to be $9,500 (undiscounted). Due to
decreasing costs of AIS units over the past 5-7 years, we estimate
the cost per vessel to carry AIS (Class A) for this final rule to be
about $4,500 (undiscounted) per vessel.
    \5\ These figures do not include towing vessels and dredges
which are accounted for separately below.

               Table 4--AIS Carriage Costs Including Initialization and Updates, and Benefits \4\
----------------------------------------------------------------------------------------------------------------
                                                                                Benefits (quantified
  Vessels required by Final     Annualized cost    Specific MTSA or   Coast Guard's effort    benefits  include
       Rule to have AIS           (7%)/vessel       SOLAS  source       to  minimize cost       all affected
                                  population          provision                                   vessels)
----------------------------------------------------------------------------------------------------------------
Commercial vessels >= 65 feet  $4.4 million/     Title 46 U.S.C.      For all vessels       By requiring AIS on
 in length.                     4,402 vessels,    70114(a)(1)(A)       included based on     the vessels listed
                                including 2,906   (section 102 of      MTSA, a deviation     in this table, this
                                fishing           MTSA).               of up to 5 years      final rule provides
                                vessels.\5\      Mandatory; Under      may be granted for--  AIS data that--
                                                  this MTSA                                  Enhances
                                                  provision, no        Vessels       situational and
                                                  decision by the      that operate solely   maritime domains
                                                  Secretary is         within a very         awareness which
                                                  required to          confined area         assists users in
                                                  establish which      (e.g., less than a    traffic management,
                                                  vessels must have    1 nautical-mile       safety, and
                                                  AIS.                 radius, shipyard,     security (i.e.,
                                                                       or barge fleeting     MDA) decision-
                                                                       facility);.           making;
                                                                       Vessels       Enables
                                                                       that conduct only     transportation
                                                                       short voyages (less   efficiency by
                                                                       than 1 nautical       reducing the more
                                                                       mile) on a fixed      dramatic ship
                                                                       schedule (e.g., a     movements required
                                                                       bank-to-bank river    to avoid collisions
                                                                       ferry service or a    when in extremis:
                                                                       tender vessel);.      lower fuel
                                                                       Vessels       consumption, more
                                                                       that are not likely   reliable
                                                                       to encounter other    scheduling, faster
                                                                       AIS-equipped          transits; and
                                                                       vessels;.             Improves,
                                                                       Vessels       as intended by
                                                                       whose design or       SOLAS, collision
                                                                       construction makes    avoidance, vessel
                                                                       it impracticable to   traffic services,
                                                                       operate an AIS        and, a means for
                                                                       device (e.g., those   authorities to
                                                                       that lack             obtain info on
                                                                       electrical power,     vessels and their
                                                                       have an exposed or    cargoes.
                                                                       open cabin, or are   Quantitative
                                                                       submersible); or.     Benefits (all
                                                                       Vessels       vessels classes):
                                                                       denoted in           85-106 barrels of
                                                                       paragraph (b)(2)      oil not spilled, 7-
                                                                       that seek a           and 3-percent
                                                                       deviation from        discount rates, 10-
                                                                       requirements in       year period of
                                                                       paragraphs            analysis.
                                                                       (d)(2)(ii) and (e)   $25.1-$31.2 million
                                                                       of this section       in injuries and
                                                                       because their AIS     deaths at 7- and 3-
                                                                       Class B device        percent discount
                                                                       lacks a display.      rates over 10-year
                                                                       Fishing       period of analysis,
                                                                       vessels may use an    or $3.6 million
                                                                       AIS Class B unit.     annualized at both
                                                                                discount rates.

Passenger vessels              0 vessels \6\...  46 U.S.C.            Exercised discretion  No quantified
 certificated to carry more                       70114(a)(1)(B) &     under SOLAS not to    benefits, since no
 than 150 passengers and <65                      (D).                 include all vessels   vessels in this
 feet in length.                                 Discretionary;        carrying more than    category exist in
                                                  Under these MTSA     12 passengers.        our population of
                                                  provisions, a       MTSA mandate based     vessels.
                                                  decision by the      on DHS Secretary
                                                  Secretary is         passenger-for-hire
                                                  required to          threshold
                                                  establish which      determination.
                                                  vessels must have    SOLAS mandate
                                                  AIS.                 extends to all
                                                                       vessels carrying
                                                                       more than 12
                                                                       passengers. DHS
                                                                       determination to
                                                                       adopt a threshold
                                                                       of more than 150
                                                                       passengers takes
                                                                       into account the
                                                                       consequences of a
                                                                       transportation
                                                                       safety or security
                                                                       incident and the
                                                                       impact on small
                                                                       entities.
                                                                       Exercised
                                                                       discretion under
                                                                       SOLAS not to
                                                                       include all vessels
                                                                       carrying more than
                                                                       12 passengers.
                                                                       Limited to
                                                                       self-propelled
                                                                       vessels.
                                                                       Limited to
                                                                       vessels
                                                                       certificated to
                                                                       carry more than 150
                                                                       passengers.
                                                                      May use an AIS Class
                                                                       B unit, if not in a
                                                                       VTS or VMRS area,
                                                                       and not capable of
                                                                       operating above 14
                                                                       knots.
Towing vessels >= 26 ft in     $2.0 million/     46 U.S.C.            ....................  Although expressly
 length and 600 hp.             1,429 vessels.    70114(a)(1)(C).                            required by MTSA,
                                                 Mandatory; Under                            owners and
                                                  this MTSA                                  operators of these
                                                  provision, no                              towing vessels
                                                  decision by the                            accrue the same
                                                  Secretary is                               benefits as owners
                                                  required to                                and operators all
                                                  establish which                            other vessels
                                                  vessels must have                          equipped with AIS.
                                                  AIS.                                       Quantified benefits
                                                                                included in first
                                                                                category of this
                                                                                table.
Dredges......................  $0.010 million/   46 U.S.C.             Limited to   Provides greater
                                17 vessels.       70114(a)(1)(D).      self-propelled        awareness to
                                                 Discretionary;        vessels.              vessels engaged in
                                                  Under this MTSA      Limited to    dredging near a
                                                  provision, a         vessels that are      commercial channel
                                                  decision by the      engaged in dredging   of approaching
                                                  Secretary is         operations in or      vessels, and
                                                  required to          near a commercial     provides
                                                  establish which      channel or shipping   approaching vessels
                                                  vessels must have    fairway in a manner   with greater
                                                  AIS.                 likely to restrict    awareness of
                                                                       or affect             dredging activity,
                                                                       navigation of other   and thus addresses
                                                                       vessels.              the risk of
                                                                       May use an    collisions and
                                                                       AIS Class B unit.     other mishaps
                                                                                involving such
                                                                                vessels. Quantified
                                                                                benefits included
                                                                                in first category
                                                                                of this table.
Vessels engaged in the         nil \7\/0         46 U.S.C.            Limited to self-      Provides greater
 movement of certain            vessels           70114(a)(1)(D).      propelled vessels     awareness to
 dangerous cargo or flammable   (Vessels         Discretionary;        of 26 feet or under.  vessels carrying
 or combustible liquid cargo    included in       Under this MTSA                            CDC of approaching
 in bulk.                       first category    provision, a                               vessels, and
                                of this table).   decision by the                            provides all other
                                                  Secretary is                               AIS users with
                                                  required to                                greater awareness,
                                                  establish which                            and thus addresses
                                                  vessels must have                          the risk of
                                                  AIS.                                       collisions and
                                                                                other mishaps
                                                                                involving such
                                                                                vessels. Quantified
                                                                                benefits included
                                                                                in first category
                                                                                of this table.

Vessels >=300 gross tonnage,   nil \8\/0         SOLAS Art. I,        Use of an AIS Class   As a Contracting
 on an international voyage.    vessels.          SOLAS, 32 U.S.T.     B Device is not       Government to
                                                  47, and the          permitted under       SOLAS, the United
                                                  Protocol of 1978     SOLAS.                States has a
                                                  relating to SOLAS,                         responsibility to
                                                  32 U.S.T. 5577.                            implement mandatory
                                                  SOLAS, Chapter V,                          SOLAS provisions
                                                  regulation 1.4 and                         such as these AIS,
                                                  19.2.4.                                    SOLAS Chapter V
                                                 Mandatory; Under                            provisions.
                                                  this SOLAS
                                                  provision, no
                                                  decision by the
                                                  Secretary is
                                                  required to
                                                  establish which
                                                  vessels must have
                                                  AIS.
A vessel of >=150 gross        nil \9\/0         Same as above......  Same as above.......  Same as above.
 tonnage, when carrying more    vessels.
 than 12 passengers on an
 international voyage.
----------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

    \6\ All passenger vessels certificated to carry more than 150
passengers are > 65 feet in length and are included in the > 65 feet
category above.
    \7\ The analysis assumes that any vessel transporting or moving
a barge containing CDC falls into one of the above categories (e.g.,
commercial vessel >= 65 ft; towing vessel >= 26 ft & 600 hp). This
category of vessels is specified in the regulations to ensure that
in the future, any vessel regardless of size/category moving CDC has
an AIS unit.
    \8\ This requirement covers the same vessels captured by our
previous corresponding SOLAS requirements, or by MTSA's requirement
for commercial vessels >= 65 ft in length.
    \9\ This requirement covers the same vessels as our existing
corresponding SOLAS requirement.
---------------------------------------------------------------------------

    We have placed NOAD applicability and exemption provisions from
both the final rule and the NPRM adjacent to each other in the
following derivation and comparison table so that you may quickly
identify differences in vessels covered by this final rule compared
with those the NPRM proposed to cover.

 Table 5--NOAD Derivation and Comparison Table: Final Rule and NPRM Applicability and Exemption Paragraphs in 33
                                                  CFR Part 160
----------------------------------------------------------------------------------------------------------------
  Final rule paragraph in 33 CFR                                 NPRM paragraph in 33
             part 160                     Final rule text            CFR part 160          Proposed rule text
----------------------------------------------------------------------------------------------------------------
Sec.   160.203(a).................  This subpart applies to     Sec.   160.203(a)....  This subpart applies to
                                     the following vessels                              U.S. vessels in
                                     that are bound for or                              commercial service and
                                     departing from ports or                            all foreign vessels that
                                     places within the                                  are bound for or
                                     navigable waters of the                            departing from ports or
                                     United States, as defined                          places of the United
                                     in 33 CFR 2.36(a), which                           States.
                                     includes internal waters
                                     and the territorial seas
                                     of the United States, and
                                     any deepwater port as
                                     defined in 33 CFR 148.5:
                                    (1) U.S. vessels in
                                     commercial service, and.
                                    (2) All foreign vessels...
Sec.   160.204(a).................  NO CHANGE FROM NPRM.......  Sec.   160.204(a)....  Except for reporting
                                                                                notice of hazardous
                                                                                conditions, the
                                                                                following vessels are
                                                                                exempt from requirements
                                                                                in this subpart:
(1)...............................  NO CHANGE FROM NPRM.......  (1)..................  A passenger or offshore
                                                                                supply vessel when
                                                                                employed in the
                                                                                exploration for or in
                                                                                the removal of oil, gas,
                                                                                or mineral resources on
                                                                                the continental shelf.
(2)...............................  NO CHANGE FROM NPRM.......  (2)..................  An oil spill response
                                                                                vessel (OSRV) when
                                                                                engaged in actual spill
                                                                                response operations or
                                                                                during spill response
                                                                                exercises.
(3)...............................  After December 31, 2015, a  (3)..................  A vessel required by 33
                                     vessel required by 33 CFR                          CFR 165.830 or 165.921
                                     165.830 or 165.921 to                              to report to the Inland
                                     report its movements, its                          River Vessel Movement
                                     cargo, or the cargo in                             Center (IRVMC).
                                     barges it is towing.
(4)...............................  A United States or          .....................  NO CORRESPONDING
                                     Canadian vessel engaged                            PARAGRAPH.
                                     in the salving operations
                                     of any property wrecked,
                                     or rendering aid and
                                     assistance to any vessels
                                     wrecked, disabled, or in
                                     distress, in waters
                                     specified in Article II
                                     of the 1908 Treaty of
                                     Extradition, Wrecking and
                                     Salvage (35 Stat. 2035;
                                     Treaty Series 502).

(5)...............................  NO CHANGE IN TEXT FROM      (4)..................  The following vessels
                                     NPRM.                                              neither carrying certain
                                                                                dangerous cargo nor
                                                                                controlling another
                                                                                vessel carrying certain
                                                                                dangerous cargo:
(i)...............................  NO CHANGE FROM NPRM.......  (i)..................  A foreign vessel 300
                                                                                gross tons or less not
                                                                                engaged in commercial
                                                                                service.
(ii)..............................  NO CHANGE FROM NPRM.......  (ii).................  A vessel operating
                                                                                exclusively within a
                                                                                single Captain of the
                                                                                Port Zone. Captain of
                                                                                the Port zones are
                                                                                defined in 33 CFR part
                                                                                3.
(iii).............................  A U.S. towing vessel and a  (iii)................  A U.S. towing vessel and
                                     U.S. barge operating                               a U.S. barge operating
                                     solely between ports or                            solely between ports or
                                     places of the contiguous                           places of the
                                     48 states, Alaska, and                             continental United
                                     the District of Columbia.                          States.
(iv)..............................  NO CHANGE FROM NPRM.......  (iv).................  A public vessel.
(v)...............................  NO CHANGE FROM NPRM.......  (v)..................  Except for a tank vessel,
                                                                                a U.S. vessel operating
                                                                                solely between ports or
                                                                                places of the United
                                                                                States on the Great
                                                                                Lakes.
(vi)..............................  A U.S. vessel 300 gross     (vi).................  A U.S. vessel 300 gross
                                     tons or less, engaged in                           tons or less, engaged in
                                     commercial service not                             commercial service not
                                     coming from a foreign                              coming from a foreign
                                     port or place.                                     port or place.
(vii).............................  Each ferry on a fixed       .....................  NO CORRESPONDING
                                     route that is described                            PARAGRAPH.
                                     in a schedule that is
                                     submitted by the ferry
                                     operator, along with
                                     information in paragraphs
                                     (a)(5)(vii)(A)-(J) of
                                     this section, to the
                                     Captain of the Port for
                                     each port or place of
                                     destination listed in the
                                     schedule at least 24
                                     hours in advance of the
                                     first date and time of
                                     arrival listed on the
                                     schedule. At least 24
                                     hours before the first
                                     date and time of arrival
                                     listed on the ferry
                                     schedule, each ferry
                                     operator who submits a
                                     schedule under paragraph
                                     (a)(5)(vii) of this
                                     section must also provide
                                     the following information
                                     to the Captain of the
                                     Port for each port or
                                     place of destination
                                     listed in the schedule
                                     for the ferry, and if the
                                     schedule or the following
                                     submitted information
                                     changes, the ferry
                                     operator must submit an
                                     updated schedule at least
                                     24 hours in advance of
                                     the first date and time
                                     of arrival listed on the
                                     new schedule and updates
                                     on the following items
                                     whenever the submitted
                                     information is no longer
                                     accurate:
                                    (A) Name of the vessel;...
                                    (B) Country of registry of
                                     the vessel;.
                                    (C) Call sign of the
                                     vessel;.
                                    (D) International Maritime
                                     Organization (IMO)
                                     international number or,
                                     if the vessel does not
                                     have an assigned IMO
                                     international number, the
                                     official number of the
                                     vessel;.
                                    (E) Name of the registered
                                     owner of the vessel;.
                                    (F) Name of the operator
                                     of the vessel;.
                                    (G) Name of the vessel's
                                     classification society or
                                     recognized organization,
                                     if applicable;
                                    (H) Each port or place of
                                     destination;.
                                    (I) Estimated dates and
                                     times of arrivals at and
                                     departures from these
                                     ports or places; and.
                                    (J) Name and telephone
                                     number of a 24-hour point
                                     of contact..
(6)...............................  April 30, 2015 through      .....................  NO CORRESPONDING
                                     December 31, 2015,                                 PARAGRAPH.
                                     vessels identified as
                                     being subject to 33 CFR
                                     165.830 or 165.921.
Sec.   160.215....................  NO CHANGE FROM NPRM.......  Sec.   160.215.......  When a vessel is bound
                                                                                for a port or place of
                                                                                the United States under
                                                                                force majeure, it must
                                                                                comply with the
                                                                                requirements in this
                                                                                section, but not other
                                                                                sections of this
                                                                                subpart.
----------------------------------------------------------------------------------------------------------------

    We have placed AIS applicability provisions from both the final
rule and the NPRM adjacent to each other in the following derivation
and comparison table so that you may readily identify differences in
vessels covered by this final rule compared with those the NPRM
proposed to cover.

                       Table 6--AIS Derivation and Comparison Table: Final Rule and NPRM Applicability Paragraphs in 33 CFR 164.46
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Corresponding NPRM
 Final rule paragraph in 33 CFR 164.46                Final rule text                  paragraph in 33 CFR                Proposed rule text
                                                                                164.46
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b)(1)................................  AIS Class A device. The following vessels   (b).....................  The following vessels must have onboard a
                                         must have on board a properly installed,                              properly installed, operational, Coast
                                         operational Coast Guard type-approved AIS                             Guard type-approved Automatic
                                         Class A device:                                                       Identification System (AIS):
    (i)...............................  NO CHANGE IN TEXT FROM NPRM.                   (1)..................  A self-propelled vessel of 65 feet or more
                                                                                in length, engaged in commercial service;
    (ii)..............................  A towing vessel of 26 feet or more in          (2)..................  A towing vessel of 26 feet or more in
                                         length and more than 600 horsepower,                                  length and more than 600 horsepower,
                                         engaged in commercial service.                                        engaged in commercial towing;
    (iii).............................  A vessel that is certificated to carry         (3)..................  A self-propelled vessel carrying 50 or
                                         more than 150 passengers.                                             more passengers, engaged in commercial
                                                                                service;
                                        NO CORRESPONDING TEXT IN FINAL RULE.           (4)..................  A vessel carrying more than 12 passengers
                                                                                for hire and capable of speeds in excess
                                                                                of 30 knots;
    (iv)..............................  A self-propelled vessel engaged in             (5)..................  A dredge or floating plant engaged in or
                                         dredging operations in or near a                                      near a commercial channel or shipping
                                         commercial channel or shipping fairway in                             fairway in operations likely to restrict
                                         a manner likely to restrict or affect                                 or affect navigation of other vessels
                                         navigation of other vessels.                                          except for an unmanned or intermittently
                                                                                manned floating plant under the control
                                                                                of a dredge; and
    (v)...............................  A self-propelled vessel engaged in the         (6)..................  A self-propelled vessel carrying or
                                         movement of--                                                         engaged in the movement of certain
                                        (A) Certain dangerous cargo as defined in                              dangerous cargoes as defined in Sec.
                                         subpart C of part 160 of this chapter, or                             160.202 of this subchapter.
                                        (B) Flammable or combustible liquid cargo
                                         in bulk that is listed in 46 CFR 30.25-1,
                                         Table 30.25-1.
(b)(2)................................  AIS Class B device. Use of a U.S. Coast     See Note to paragraph     NO CORRESPONDING PARAGRAPH, but see
                                         Guard type-approved AIS Class B device in   (b).                      explanatory ``Note to paragraph (b):
                                         lieu of an AIS Class A device is                                      Except for those vessels denoted in
                                         permissible on the following vessels if                               paragraph (c) of this section, use of
                                         they are not subject to pilotage by other                             Coast Guard type-approved AIS Class B is
                                         than the vessel Master or crew:                                       permissible, however, not well-suited, on
                                                                                vessels that are highly maneuverable,
                                                                                navigate at high speed, or routinely
                                                                                operate on or near very congested
                                                                                waterways or in close-quarter situations
                                                                                with other AIS equipped vessels.''
    (i)...............................  Fishing industry vessels                    ........................  NO CORRESPONDING PARAGRAPH.
    (ii)..............................  Vessels identified in paragraph (b)(1)(i)   ........................  NO CORRESPONDING PARAGRAPH.
                                         of this section that are certificated to
                                         carry less than 150 passengers, and that--

                                        (A) Do not operate in a VTS or VMRS area
                                         defined in Table 161.12(c) of Sec.
                                         161.12 of this chapter, and
                                        (B) Do not operate at speeds in excess of
                                         14 knots; and engaged in dredging
                                         operations; and
    (iii).............................  Vessels identified in paragraph (b)(1)(iv)  ........................  NO CORRESPONDING PARAGRAPH.
                                         of this section engaged in dredging
                                         operations.
(c)...................................  SOLAS provisions. The following self-       (c).....................  SOLAS provisions. The following self-
                                         propelled vessels must comply with                                    propelled vessels must comply with
                                         International Convention for Safety of                                International Convention for Safety of
                                         Life at Sea (SOLAS), as amended, Chapter                              Life at Sea (SOLAS), as amended, Chapter
                                         V, regulation <IP_ADDRESS> (Positioning                                   V, regulation <IP_ADDRESS>, 19.2.4 (AIS Class
                                         System), 19.2.4 (AIS Class A), and                                    A), and <IP_ADDRESS> or <IP_ADDRESS> as
                                         <IP_ADDRESS> (Transmitting Heading Device) or                             applicable (Incorporated by reference,
                                         <IP_ADDRESS> (Gyro Compass) as applicable                                 see Sec.   164.03):
                                         (Incorporated by reference, see Sec.
                                         164.03):
                                        NO CORRESPONDING PARAGRAPH.                    (1)..................  A vessel of 500 gross tonnage or more;
    (1)...............................  A vessel of 300 gross tonnage or more, on      (2)..................  A vessel of 300 gross tonnage or more, on
                                         an international voyage.                                              an international voyage; and

    (2)...............................  NO CHANGE IN TEXT FROM NPRM.                   (3)..................  A vessel of 150 gross tonnage or more,
                                                                                when carrying more than 12 passengers on
                                                                                an international voyage.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    To eliminate confusion and redundancy within the industry, we have
generally aligned our NOA regulations with CBP regulations under its
APIS final rule (70 FR 17820, as amended at 72 FR 48320), which
requires that vessels arriving from a foreign port or place to submit
arrival manifests and those departing for a foreign port or place to
submit departure manifests. The submission of an NOA itself for this
population of vessels is not a new requirement. However, we have added
five fields (vessel's MMSI number, whether vessel 300-gross-ton-or-
less, whether voyage less than 24 hours, last port of departure, and
arrival and departure date for last port of departure) to the NOA, two
of which are already required by two Coast Guard requirements that we
are modifying. A NOD will not be required in this final rule.
    This rule will also require foreign commercial vessels 300 gross
tons or less that transit two or more COTP zones to submit an NOA,
which is not currently a CBP requirement. In addition, these vessel
owners would be eligible to seek waivers under Sec.  160.214 at the
discretion of the COTP, a current Coast Guard practice.
    This final rule will require the electronic submission of an NOA,
and will modify related reporting content, timeframes, and procedures.
This rule will also create an efficient and timesaving method of
notification thereby reducing the hour burden on industry and Coast
Guard resources.
    Our 60-minute notice time provides flexibility for owners of
smaller U.S.-flag vessels and certain Canadian-flag vessels, because
these businesses would continue to be able to operate efficiently as
charter businesses due to the spontaneous nature of their business.
This requirement also better aligns with the CBP's current requirement,
which will alleviate confusion within the industry and provide
consistency for the public.
    We estimate the NOA portion of this rule will affect approximately
3,430 U.S. vessels and 14,947 foreign-flag vessels. The following
estimates use a 7-percent discount rate over a 10-year period of
analysis. We estimate the annual cost to U.S. vessel owners and
operators to be about $28,706. We estimate the annual cost to foreign-
flag vessel owners and operators to be about $104,502. We estimate the
10-year NOA cost to U.S. vessel owners and operators to be about
$201,619. We estimate the 10-year NOA cost to foreign-flag vessel
owners and operators to be about $733,978. We estimate the total
annualized costs of the NOA requirements for both U.S. and foreign
owners and operators to be about $133,208. We estimate the total
present value 10-year costs of the NOA requirements for both U.S and
foreign-flag vessel owners and operators to be about $935,597. We
estimate this rule will add less than 1 dollar per vessel trip on
average for an owner or operator to submit an NOA.
    The AIS costs associated with this rule as presented are a result
of the AIS carriage requirement, which includes the AIS device cost,
installation, maintenance, training, replacement costs, unit
initialization, and voyage specific updates. We estimate the AIS
provisions will affect about 5,848 U.S. vessels and about 74 foreign-
flag vessels.
    The following estimates use a 7-percent discount rate over a 10-
year period of analysis. We estimate, for owners and operators of U.S.
vessels that will be required to carry AIS onboard, the 10-year present
value cost to be $45.0 million, with annualized costs of about $6.4
million at a 7-percent discount rate. We estimate for owners and
operators of foreign-flag vessels the present value 10-year cost of
this final rule to be $585,000, with annualized costs of about $83,000.
We estimate for all owners and operators of U.S.- and foreign-flag
vessels the total present value 10-year cost of the AIS provisions to
be $45.5 million, with annualized costs of about $6.5 million.
    We estimate the total present value 10-year cost of the final rule,
including both NOA and AIS provisions, to be $46.5 million, with
annualized costs of about $6.6 million. In our sample of 77 small
entities, we found these entities owned 244 total vessels, or about 3
vessels per entity. Again, for the purpose of our analysis, we assumed
all owners would install a Class A AIS device since we were not able to
determine which small entities would choose to install the less costly
Class B AIS device. Each small entity will purchase one AIS device for
each vessel it owns. If a small entity owns one vessel, it will
purchase one AIS device to meet the requirements of this final rule. We
estimate this final rule will cost a small entity on average between
about $2,000 and $14,300 to install, maintain, and carry AIS onboard
depending upon the vessel class and whether the vessel will carry a
Class A unit or Class B unit and to submit the three additional NOA
fields. See Table 7.

Table 7--Cost per Small Entity To Carry Three AIS Units and Submit Three
                          Additional NOA Fields
------------------------------------------------------------------------
                                                      Average cost per
                                                     owner/operator to
                                 Types of vessels   purchase on average
       Type of AIS unit             to install      three AIS units and
                                                       complete three
                                                   additional NOA fields
------------------------------------------------------------------------
Class B plus NOA submissions..  Commercial         $6,051 (initial year:
                                 Fishing and        $6,027 for three AIS
                                 vessels engaged    units and $24 for
                                 in dredging        three additional NOA
                                 operations.        fields).
                                                   $774 (annually: $250
                                                    for AIS maintenance
                                                    and $24 for three
                                                    additional NOA
                                                    fields).

Class A plus NOA submissions..  All other vessels  $14,340 (initial
                                 classes.           year: $14,316 for
                                                    three AIS units and
                                                    $24 for three
                                                    additional NOA
                                                    fields).
                                                   $1,473 (annually:
                                                    $1,449 for AIS
                                                    including updates
                                                    and $24 for three
                                                    additional NOA
                                                    fields).
------------------------------------------------------------------------

    We expect this final rule to improve the quantity and quality of
information, and enhance communications and MDA. We believe this final
rule, through a combination of NOA and AIS, will strengthen maritime
and national security. This rule will include a large number of vessels
not currently covered under the current NOA and AIS regulations. We
expect this final rule will provide us with a better understanding of
vessels coming to the United States and help us determine which vessels
may pose a threat as a target, weapon, or transport of suspicious
persons and/or materials. NOA provides us advance warning of those
intending to enter our waters, and electronic submission allows us
greater time to evaluate this information, and to take action if
warranted based on information about a potential threat by the vessel
or persons on board the vessel. Specifically, the NOA requirement is
combined with other sources such as AIS to form a COP in which vessel-
specific movements in our ports and waterways can be monitored in real
time enabling us to filter data from non-compliant collection
mechanisms such as radar, thereby enhancing our ability to rapidly
detect, identify, and track suspicious vessels. This information is
used as a decision making aid by the Coast Guard field commanders and
is also referenced in support of interagency and Department of Defense
homeland security efforts. Creating this COP helps the Coast Guard
prioritize its limited resources and meet mission requirements while
maintaining MDA. Moreover, along with passenger, crew and cargo
information required by CBP, we can determine if a suspicious person is
onboard a vessel and by adding AIS, we can determine the position of
the suspicious vessel. We believe NOA and AIS combined will serve as a
deterrent and will enhance Coast Guard interdiction capabilities, but
will not completely eliminate the risk of maritime transportation
incidents.
    As previously mentioned, we have added three NOA data fields that
are new to industry. The addition of the MMSI number provides Coast
Guard a unique identifier for the vessel which correlates NOA and AIS
data and provides an accurate picture of location, and verification of
identity of the vessel. The addition of the field ``less than 300 gross
tons'' allows the Coast Guard an opportunity to prioritize the
screening of vessels, schedule inspections, and possibly establish
security or safety zones. The addition of the field, ``voyage less than
24 hours'' will allow certain vessels that meet an exemption, such as
U.S. flag vessels, to clarify that their voyage is less than 24 hours
and eliminate the possibility of any delays or penalties that they may
incur as a result of not submitting an NOA in a timely manner. The
change to a 60-minute notice of arrival time for U.S. vessels under 300
gross tons provides flexibility and relief to small entities that
typically own and operate vessels of this size.
    AIS provides further benefits by allowing for rapid filtering of
data from mechanisms that do not rely on vessel cooperation (e.g.,
radar) and thus enhances security-related missions. AIS enables us to
quickly locate, track, and intercept these vessels. This is a similar
approach as taken for air transportation: Flight plan, passenger
manifests and traffic control tracking.
    From a security perspective, vessels pose a risk in three ways:
They can be used as a weapon for terrorists (e.g., ramming another
vessel or infrastructure component), they can be used to transport
personnel/materials for an attack, or they can be used as the target of
an attack. This rule helps focus Coast Guard and other resources to
mitigate security risk across all three scenarios. Specifically, to
determine if a vessel can be used as a weapon, a target, or as a
transport vehicle, the Coast Guard has several tools at its disposal
that assign risk based on valuable information contained in an NOA,
such as crew and passenger information that CBP and the FBI use to
identify persons or vessels that may pose a security risk to the United
States. After receiving the NOA information, the data are placed into a
database or matrix (dependent on the tool being used). Points are
assigned to each vessel and a vessel is then given a priority ranking
based on its type and stated cargo. Above a certain threshold, the
Coast Guard determines whether a vessel requires an escort to reduce
the possibility of the vessel being used as a weapon, a target, or as a
transport of suspicious persons or materials, such as weapons of mass
destruction (WMD) or weapons of mass effect (WME). If necessary, the
vessel may be boarded or inspected to ensure it meets international
safety and security standards.
    We expect this rule to provide quantifiable benefits in the form of
barrels of oil not spilled in addition to benefits from avoided
injuries and fatalities. For the NPRM, we based quantifiable benefits
on a review of 64 marine accident cases from our MISLE database for the
period 1996-2003 in order to obtain casualty reports involving
commercial vessels that may have benefitted from an onboard AIS unit.
For the final rule, we also examined casualty cases for the period
2004-2010 and found an additional 21 cases where AIS may have been
beneficial in preventing an accident. For the period 1996-2009, we
estimate the final rule will prevent 85 to 106 barrels of oil from
being spilled during a 10-year period of analysis. We also analyzed
more than 800 casualty incidents for 2010 and found only three cases
where AIS may have been beneficial; however, the three cases did not
involve any injuries, fatalities, death, or pollution and therefore did
not provide additional benefits.
    Using a VSL of $9.1 million, we also estimated additional benefits
(from avoided injuries and fatalities) of $25.1 million at a 7-percent
discount rate, during the 10-year period of analysis or an annualized
amount of about $3.6 million. The VSL estimate is based on the 2013
memorandum from DOT titled ``Guidance on Treatment of the Economic
Value of a Statistical Life in U.S. Department of Transportation
Analyses.'' This memorandum is available in the docket as detailed
under ADDRESSES. The VSL is not an estimate of the value of a person's
life, but is instead a technical valuation of the amount one would be
willing to pay to

reduce the probability of fatality. For example, a $9.1 million VSL
means the public is willing to pay $9.10 to reduce the risk of a
fatality by 1 in a million.
    Our evaluation of the 85 accident cases, including 2010, also
resulted in about $5.1 million in property damage or about $350,000 per
year.
    AIS helps reduce the risk of attack in two ways: (1) Reducing the
likelihood of a successful attack, and (2) reducing the consequences
should a successful attack occur. AIS reduces the likelihood of a
successful attack which arises from the enhanced ability to defeat an
attack. We identify the steps require to defeat an attack and how AIS
helps to detect an attack in Table 20 of the regulatory analysis
available on the docket for review. In Table 22 of the regulatory
analysis, we also present illustrative scenarios where NOA in
conjunction with AIS may be helpful in attacks ranging from any attack
versus any size passenger vessel to an attack versus a cruise ship from
a large VBIED. AIS also assists in identifying vessels in position to
assist with emergency response/search and rescue by showing location of
vessels in response operations and their proximity to vessels in need
of response resources. This works for all attack types by reducing the
time to get assisting vessels on the scene of the incident.
    We performed a breakeven analysis based on common passenger vessel
capacity amounts of 12 (threshold in Regulation 2 of the SOLAS
International Convention), 150 (threshold used in the 2003 AIS Final
Rule), and 2,000 (for large cruise ships that may be potential targets
of smaller vessels that carry a vessel borne improvised explosive
device (VBIED)). Table 8 that follows presents the annual risk
reduction required for passenger vessels with certain passenger
capacities for the final rule to breakeven. We estimated the annualized
cost for the 288 passenger vessels, affected by this rule, at a 7-
percent discount rate to be $0.33 million. Using the scenario of 150
lives saved for passenger vessels as our example, we can determine the
number of years the final rule will have to prevent one incident
involving 150 casualties in order for benefits to outweigh costs. From
Table 8, the benefit from casualties avoided is $1.4 billion using $9.1
million as the value of a statistical life. Using the annualized cost
of $0.33 million for this population of passenger vessels affected by
the final rule (288), we can determine the number of years the final
rule would have to prevent one casualty in order for benefits to
outweigh costs. Multiplying $0.33 million by the variable ``time'' and
equating it to the benefit value of $1.4 billion, we solve for time to
obtain 4,136 years, meaning the final rule would have to prevent one
casualty incident involving 150 passengers in this time period for the
final rule to be beneficial.

Table 8--Annual Risk Reduction Required for Costs to Equal Benefits for Passenger Vessels With Certain Passenger
                                                   Capacities
                                    [Annual costs at 7-percent discount rate]
----------------------------------------------------------------------------------------------------------------
                                                                                Risk reduction
                                                   Benefit from     Annualized                       required
                                                    casualties       cost for     Risk reduction      (years
          Potential casualties avoided                avoided        passenger     required  (%)      between
                                                    ($millions)       vessels                         averted
                                                                    ($millions)                      attacks)
----------------------------------------------------------------------------------------------------------------
12..............................................          $109.2           $0.33            0.30             331
150.............................................           1,365            0.33            0.02           4,136
2,000...........................................          18,200            0.33          0.0018          55,152
----------------------------------------------------------------------------------------------------------------

    These estimates do not reflect the full socioeconomic benefits of
oil spill mitigation and risk reduction associated with vessels, which
include avoided damages to the ecosystem and regional and national
economic impacts. The scenarios above show the loss of human capital
only for passenger vessels with certain passenger capacities specified
above, and with no regard for physical assets, it likely underestimates
the monetary effects of a terrorist incident. The human capital
scenario shown as benefits from casualties avoided provide a useful
account of the risk reduction in years required for the final rule to
breakeven.
    In the regulatory analysis, for the entire casualty period 1996-
2010, about 14 barrels of oil were spilled annually. We estimate the
total benefit or barrels of oil not spilled for all 85 casualty cases
between 1996 and 2010 to be between 85 and 106 barrels over the 10-year
period of analysis at 7- and 3-percent discount rates, respectively. We
expect annualized unmonetized benefits to be about 12 barrels of oil
not spilled. The Regulatory Analysis for the final rule contains
additional discussion of benefits, including qualitative benefits.
    The NOA provisions provide the ability to perform advanced
screening of cargo, passengers and crew, thus enabling interdiction of
illicit activities including smuggling of weapons of mass destruction
and/or terrorists. These provisions also enable the planning and
prioritization of other protective measures, including protecting
surrounding critical infrastructures from attacks using the vessel and/
or protecting the vessel itself from attack. Given the range of attacks
from a small passenger vessel to a cruise ship and the type of attack
from a small device to a large VBIED as presented in the regulatory
analysis, the casualty range can vary greatly, where the breakeven
point can be minor to extremely minor. NOA may help prevent attacks
from a man portable device with just one fatality, which would require
only one attack prevented every 88 years up to an attack with major
consequences from a WMD or WME.
    The AIS provisions support real-time situational awareness of
vessel position and movements, and enable the detection of unusual/
threatening operations and subsequent interdiction. AIS requirements
also provide for a better understanding of resources in the area of an
incident and thus enable more effective response planning. Combined
with NOA provisions, AIS requirements further provide the ability to
compare actual operations with stated plans, thus enabling the
identification of potentially threatening activities.
    See the ``Regulatory Analysis'' in Docket No. USCG-2005-21869 at
http://www.regulations.gov for details of these calculations. The
following link will take you directly to the docket: http://www.regulations.gov/#!docketDetail;D=USCG-2005-21869.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered

whether this final 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.
Final Regulatory Flexibility Analysis
    When an agency promulgates a final rule under section 4 of the
Administrative Procedure Act, 5 U.S.C. 553, after being required by
that section or any other law to publish a general notice of proposed
rulemaking, or promulgates a final interpretative rule involving the
internal revenue laws of the United States, under 5 U.S.C. 603(a), the
agency must prepare a Final Regulatory Flexibility Analysis (FRFA) or
have the head of the agency certify pursuant to 5 U.S.C. 605(b) that
the final rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities. The Regulatory
Flexibility Act (RFA) prescribes the content of the FRFA in 5 U.S.C.
604(a), a summary of which we discuss below.
    (1) The RFA requires a succinct statement of the need for, and
objectives of, the final rule.
    Coast Guard response: The need and objective of this final rule is
to (1) fully implement the Marine Transportation Security Act of 2002
AIS directive found at 46 U.S.C. 70114, (2) implement SOLAS AIS
requirements including provisions in V/<IP_ADDRESS> that went into force
internationally July 1, 2008, and (3) expand NOA requirements and
streamline the processing of these data to further enhance Homeland
Security under Ports and Waterways Safety Act authority (33 U.S.C. 1225
& 1226) by increasing our awareness of vessels and people entering or
departing U.S. ports or places. Prompt receipt of NOA and AIS data will
assist the Coast Guard in preventing damage to structures on, in, or
adjacent to the navigable waters of the United States and in protecting
those navigable waters in the marine environment. AIS data will also
assist vessels in avoiding collisions. This rule will affect a larger
portion of relatively smaller vessels, which are not currently included
under existing regulations (including fishing vessels).
    (2) The RFA requires a summary of the significant issues raised by
the public comments in response to the IRFA, a summary of the
assessment of the agency of such issues, and a statement of any changes
made in the proposed rule as a result of such comments.
    Coast Guard response: We summarize the public comments we received
on the NPRM in section VI.C of the preamble.
    (3) The RFA requires a description of and an estimate of the number
of small entities to which the final rule will apply or an explanation
of why no such estimate is available.
    Coast Guard response: As previously discussed, this rule will
affect owners and operators of vessels that will be required to submit
an NOA in addition to vessel owners and operators that will be required
to carry and operate an AIS unit onboard. This Final Regulatory
Flexibility Analysis is based on our analysis of the requirements of
the AIS portion of this rule as discussed in the separate Regulatory
Analysis available in the docket for review. The addition of nine data
fields to the NOA information requirements (only three of which are new
to industry) will impose minor costs on industry because of the small
burden associated with performing the task. The majority of the cost
impact of this rule on small entities stems primarily from the AIS
portion of this rule. We estimate that 5,821 U.S.-flag vessels will be
affected by the AIS portion of this rule and we expect that a majority
of these vessels may be owned by small entities based on our analysis.
    Based on current Coast Guard data, we estimate this rule will
affect about 3,333 U.S. companies (entities) that own approximately
9,278 vessels. We randomly selected a sample size of 345 vessel owners
and operators to reach the 95 percent confidence level. We found
revenue and employee information on 104 of the entities in the sample
using publicly available information. Of these, we found 77 to be small
entities according to Small Business Administration (SBA) size
standards. We did not find government or non-profit entities in our
sample. We consider the 241 with no revenue or employee information to
be small entities, as the lack of available information likely
indicates smaller entity size.
    We estimated the potential initial and annual revenue impact for
each owner and operator that will be required to have AIS on board. We
multiplied the initial and annual costs of AIS installation by the
number of vessels that each entity owns and then divided by the average
annual revenues for each small entity to obtain the share of costs to
total annual revenues.
    We classified small entities by the North American Industry
Classification System (NAICS) code for those entities that had revenue
and size data. The 77 small entities with data are represented by 34
different NAICS codes or categories. We determined if a business was
small by using the SBA size standards for each NAICS code. We found
that 7 NAICS categories represent about 55 percent or 42 of the 77
small entities that we analyzed. The remaining 45 percent (or 35 small
entities) of small entities are represented by 27 different NAICS
categories with about 1 percent of the population of small entities in
a majority of the categories.
    Based on the 7 NAICS categories that represent 55 percent of the
small entities with data, about 43 percent or 33 of the 77 small
entities are classified by 5 NAICS categories: ``Finfish Fishing,''
``Inland Water Freight Transportation,'' ``Shellfish Fishing,''
``Navigational Services to Shipping,'' and ``Fish and Seafood Merchant
Wholesalers''. Based on available data, we did not find evidence that
small not-for-profit organizations or small government jurisdictions
will be impacted by this rule.
    (4) The RFA requires a description of the projected reporting,
recordkeeping and other compliance requirements of the final rule,
including an estimate of the classes of small entities which will be
subject to the requirement and the type of professional skills
necessary for preparation of the report or record.
    Coast Guard response: The final rule will require modifications to
two existing OMB-approved collections ``Advance Notice of Arrival and
Departure'' (OMB Control Number 1625-0100) and ``Enhanced Maritime
Domain Awareness via Electronic Transmission of Vessel Transit Data''
(OMB Control Number 1625-0112). Five data elements will be added to the
collection of information (1625-0100) and one will be deleted; of the
five added data elements, only three (MMSI, Whether vessel is 300 GT or
less, and whether the vessel's voyage time is less than 24 hours) are
new to industry. We believe the burden for this additional element is
so minimal that a change to the total burden estimate for this
collection is unnecessary.
    The projected reporting and recordkeeping, other compliance
requirements of the final rule, and types of activities and skills
necessary for the preparation of NOAs and AIS information are described
in section VIII. D., ``Collection of Information.''
    (5) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration in response
to the proposed rule, and a detailed statement

of any change made to the proposed rule in the final rule as a result
of the comments.
    Coast Guard response: The Coast Guard did not receive comments on
the NPRM from the Chief Counsel for Advocacy of the Small Business
Administration.
    (6) The RFA requires a description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the final rule considered by the agency
which affect the impact on small entities was rejected.
    Coast Guard response: The requirements for notice of arrival in
this final rule for vessels, regardless of size, coming from a foreign
port or place will be applied to vessels that are already required to
comply with the CBP's APIS requirements. The evaluation of alternatives
for this part of the final rule is unnecessary since the CBP's final
rule precedes the Coast Guard's final rule for the submission of
notices of arrival. Two aspects where our rule differs from the CBP's
final rule are the Coast Guard NOA requirement (1) for foreign-flag
commercial vessels less than 300 gross tons transiting two different
COTP zones and (2) vessels carrying CDC. Vessels in the second category
above will have to submit an NOA for nearly all transits. In addition,
each COTP will have the discretion to grant waivers for these vessels
under 33 CFR 160.214. The Coast Guard has established an exception for
certain ferries that transit more than one COTP zone and some ferries
will continue to qualify for the operating-exclusively-within-a-single-
COTP-zone exception.
    In drafting this rule, the Coast Guard originally contemplated
reducing the threshold for NOADs to 100 gross tons, but we determined
that this would have left the Coast Guard without the necessary
visibility of these smaller vessels to ensure that we can conduct
necessary inspections.
    These vessels also pose a unique threat due to their size and can
be utilized as weapons, targets, or transports of suspicious persons
and/or materials. By capturing vessels down to zero gross tons for
notice of arrival, we have ensured that all commercial vessels would be
required to submit NOAs if coming from a foreign port or place, and by
more closely aligning this requirement with CBP's requirement, we
reduce some confusion within the industry. It also allows the Coast
Guard to identify and assess a vessel's threat level based on size,
cargo, crew, and route.
    The Coast Guard also considered carriage of AIS units on passenger
vessels that carry more than 12 passengers, a passenger vessel
threshold mandated by SOLAS regardless of size or type of voyage. These
vessels carry up to 150 passengers (and thus, the threshold of more
than 150 passengers does not apply to them) who may be injured or
killed in a collision or terrorist attack. However, the domestic
population of passenger vessels that carry more than 12 passengers and
up to 150 passengers and less than 65 feet in length is estimated to be
4,450 vessels, which are predominantly owned by small entities. We
estimate the cost for the carriage (including installation and
operation and maintenance costs) of AIS units (assuming Class A units)
on this population of vessels to be between $36.0 and $42.4 million at
7- and 3-percent discount rates, respectively. This would have been a
relatively large cost burden for small entities that operate these
vessels with very few marginal benefits; therefore, the Coast Guard
rejected this passenger vessel threshold for AIS carriage.
    The AIS portion of this final rule is based on a statutory
directive for the carriage of AIS devices onboard commercial vessels of
a certain size or type; some of these vessels are expressly identified
in 46 U.S.C. 70114(a)(1)(A) and (C), and others are identified based on
a decision by the Secretary as called for in 46 U.S.C. 70114(a)(1)(B)
and (D). See Table 9 that follows for the source of authority for each
Sec.  164.46 applicability paragraph, including those based on a SOLAS
requirement. Based on public comments that the rulemaking is too costly
for smaller vessel owners and operators and our assessment of
alternatives to requirements we proposed, the Coast Guard has set its
passenger threshold to vessels certificated to carry more than 150
passengers--up from our proposed threshold of 50 or more passengers--
and will also allow certain vessel owners and operators to install the
less costly Class B AIS unit, which should alleviate some of the cost
burden on smaller vessel owners and operators. See the Regulatory
Analysis in the docket for further details.

                          Table 9--Nature of Authority To Require Installation and Use of Automatic Identification System (AIS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Expressly required by        Expressly required by         Based on discretion
            33 CFR 164.46                  Text of final rule                statute              international convention     exercised by Coast Guard
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b)(1)..............................   AIS Class A device. The following vessels must have on board a properly installed, operational Coast Guard type-
                                                                                approved AIS Class A device:
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b)(1)(i)...........................  A self-propelled vessel of   46 U.S.C. 70114(a)(1)(A)
                                       65 feet or more in length,   (``A self-propelled
                                       engaged in commercial        commercial vessel of at
                                       service.                     least 65 feet overall in
                                                                    length.'').
(b)(1)(ii)..........................  A towing vessel of 26 feet   46 U.S.C. 70114(a)(1)(C)
                                       or more in length and more   (``A towing vessel of more
                                       than 600 horsepower,         than 26 feet overall in
                                       engaged in commercial        length and 600
                                       towing.                      horsepower.'').
(b)(1)(iii).........................  A vessel that is             46 U.S.C. 70114(a)(1)(B)     ...........................  46 U.S.C. 70114(a)(1)(D)
                                       certificated to carry more   (``A vessel carrying more                                 (``Any other vessel for
                                       than 150 passengers.         than a number of                                          which the Secretary
                                                                    passengers for hire                                       decides that an automatic
                                                                    determined by the                                         identification system is
                                                                    Secretary.''.                                             necessary for the safe
                                                                                navigation of the
                                                                                vessel.'').

(b)(1)(iv)..........................  A self-propelled vessel      ...........................  ...........................  46 U.S.C. 70114(a)(1)(D).
                                       engaged in dredging
                                       operations in or near a
                                       commercial channel or
                                       shipping fairway in a
                                       manner likely to restrict
                                       or affect navigation of
                                       other vessels.
(b)(1)(v)...........................  A self-propelled vessel      ...........................  ...........................  46 U.S.C. 70114(a)(1)(D).
                                       engaged in the movement
                                       of--
                                      (A) Certain dangerous cargo
                                       as defined in subpart C of
                                       part 160 of this chapter,
                                       or.
                                      (B) Flammable or
                                       combustible liquid cargo
                                       in bulk that is listed in
                                       46 CFR 30.25-1, Table
                                       30.25-1.
(b)(2)(i)...........................  (2) AIS Class B device. Use  ...........................  ...........................  46 U.S.C. 70114(b) (``The
                                       of a U.S. Coast Guard type-                                                            Secretary shall prescribe
                                       approved AIS Class B                                                                   regulations implementing
                                       device in lieu of an AIS                                                               subsection (a), including
                                       Class A device is                                                                      requirements for the
                                       permissible on the                                                                     operation and maintenance
                                       following vessels if they                                                              of the automatic
                                       are not subject to                                                                     identification systems
                                       pilotage by other than the                                                             required under subsection
                                       vessel Master or crew:                                                                 (a).'').
                                      (i) Fishing industry
                                       vessels;.
(b)(2)(ii)..........................  (ii) Vessels identified in   ...........................  ...........................  46 U.S.C. 70114(b).
                                       paragraph (b)(1)(i) of
                                       this section that are
                                       certificated to carry less
                                       than 150 passengers, and
                                       that--
                                      (A) Do not operate in a VTS
                                       or VMRS area defined in
                                       Table 161.12(c) of Sec.
                                       161.12 of this chapter,
                                       and.
                                      (B) Do not operate at
                                       speeds in excess of 14
                                       knots; and.
(b)(2)(iii).........................  (iii) Vessels identified in  ...........................  ...........................  46 U.S.C. 70114(b).
                                       paragraph (b)(1)(iv) of
                                       this section engaged in
                                       dredging operations.
(c).................................  (c) SOLAS provisions. The    ...........................  SOLAS Art. I, SOLAS, 32
                                       following self-propelled                                  U.S.T. 47, and the
                                       vessels must comply with                                  Protocol of 1978 relating
                                       International Convention                                  to SOLAS, 32 U.S.T. 5577.
                                       for Safety of Life at Sea
                                       (SOLAS), as amended,
                                       Chapter V, regulation
                                       <IP_ADDRESS> (Positioning
                                       System), 19.2.4 (AIS Class
                                       A), and <IP_ADDRESS>
                                       (Transmitting Heading
                                       Device) or <IP_ADDRESS> (Gyro
                                       Compass) as applicable
                                       (Incorporated by
                                       reference, see Sec.
                                       164.03):
(c)(1)..............................  (1) A vessel of 300 gross    ...........................  Same as above, and SOLAS
                                       tonnage or more, on an                                    Chapter V, regulation
                                       international voyage.                                     19.2.4, that requires all
                                                                                ships of 300 gross tonnage
                                                                                and upwards engaged on
                                                                                international voyages to
                                                                                be fitted with AIS.

(c)(2)..............................  (2) A vessel of 150 gross    ...........................  Same as above with addition
                                       tonnage or more, when                                     of SOLAS V, regulation
                                       carrying more than 12                                     1.4, which gives the
                                       passengers on an                                          United States discretion
                                       international voyage.                                     in implementing these AIS
                                                                                requirements for ships
                                                                                less than 150 gross
                                                                                tonnage.
--------------------------------------------------------------------------------------------------------------------------------------------------------

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the final rule so that they could better
evaluate its effects on them and participate in the rulemaking. If you
think that this 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 rule. We 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 rule calls 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. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
    This rule relates to two existing OMB-approved collections of
information, 1625-0100 and 1625-0112. Details are provided below.
    The summary of revised 1625-0100 collection follows:
    Title: Advance Notice of Vessel Arrival.
    OMB Control Number: 1625-0100.
    Summary Of The Collection Of Information: We require arrival
notices from certain vessels bound for a port or place in the United
States. This rule revises the applicability of vessels required to
submit an NOA, adds three new data elements that will be required by 33
CFR part 160, and removes 1 data element with no impact on burden.
    Need For Information: To strengthen port safety and security and to
ensure the uninterrupted flow of commerce. To this end, we must modify
our NOA regulations.
    Proposed Use Of Information: This information is required to
control vessel traffic, develop contingency plans, and enforce
regulations.
    Description Of The Respondents: Respondents are the owner, agent,
Master, operator, or person in charge of a vessel that arrives at or
departs from a port or place in the United States.
    Number Of Respondents: The existing OMB-approved number of
respondents is 31,594. This rule will decrease that number by 13,217.
The total number of respondents will be 18,377. We attribute this
decrease in the number of respondents to our improved analysis of the
number of vessels impacted by this rulemaking.
    Frequency Of Response: The existing OMB-approved number of
responses is 170,866, not including 150 waivers. This rule will
decrease that number by 63,261. The total number of responses will be
107,605 (not including waivers).
    Burden Of Response: The existing OMB-approved burden of response is
approximately 30 minutes per response plus an additional 2 minutes for
the three new data fields that are new to industry: Maritime Mobile
Service Identity (MMSI), whether a vessel is 300 GT or less, and
whether the vessel's voyage time is less than 24 hours.
    Estimate Of Total Annual Burden: The existing OMB-approved total
annual burden is 163,994 hours (ICR Ref. No.<PHONE_NUMBER>-002), not
including 150 waivers. This rule will increase that number by 4,168
hours. The estimated total annual burden will be 168,312 hours (not
including waivers).
    As required by 44 U.S.C. 3507(d), we submitted a copy of the final
rule to OMB for its review of the collection of information. OMB has
not yet completed its review of this collection. Therefore, we are not
making Sec. Sec.  160.204(a)(5)(vii), 160.205 and 160.208 effective
until our information collection request is approved by OMB. We will
publish a document in the Federal Register informing the public of
OMB's decision to approve, modify, or disapprove the collection.
    The summary of revised 1625-0112 collection follows:
    Title: Enhanced Maritime Domain Awareness via Electronic
Transmission of Vessel Transit Data.
    OMB Control Number: 1625-0112.
    Summary of the Collection of Information: We plan to collect,
store, share, and analyze data transmitted by AIS to enhance MDA.
Awareness and threat knowledge are critical for securing and
maintaining safety in the maritime domain and the key to preventing
adverse events. Domain awareness enables the early identification of
potential threats and enhances appropriate responses, including
interdiction at an optimal distance with capable prevention forces and
increases the timeliness and effectiveness of response to an incident.
    Need for Information: To ensure maritime safety and security and to
ensure the effective movement of commerce.
    Proposed Use of Information: This information collection, storage,
and analysis would greatly expand the breadth and depth of our MDA.
This enhanced MDA would enable quicker, more efficient responses to
marine casualties and improve our ability to

prevent and respond to potential terrorist threats. It would also
contribute an essential aspect to our COP, which is our system for
sharing operational data among those who need it to perform their
missions.
    Description of the Respondents: Respondents are the operators or
persons in charge of vessels that carry AIS. The MTSA requires the
following vessels to carry AIS:
     A self-propelled commercial vessel of at least 65-feet in
overall length.
     A towing vessel of more than 26 feet overall in length and
600 horsepower.
     Vessels carrying more than a number of passengers for hire
determined by the Secretary.
     Any other vessel for which the Secretary decides that an
automatic identification system is necessary for the safe navigation of
the vessel. In addition to vessels subject to the MTSA, we estimate an
additional 10 percent of voluntary compliance with this rule and
information collection.
    Number of Respondents: The existing OMB-approved number of
respondents is 613--LRIT system users. The AIS portion of this rule
will increase that number by 8,922 (about 5,848 U.S.-flag vessels and
74 foreign-flag vessels estimated for this rule including about 3,000
existing AIS users). The total number of respondents is estimated to be
9,535 including 613 respondents from LRIT.
    Frequency of Response: The existing OMB-approved number of
responses is 613. This final rule will increase that number by 534,557
(533,574 for U.S.-flag vessels and 370 for foreign-flag vessels) for a
total of 534,944 responses including 613 responses from LRIT annually.
    Burden of Response: The existing OMB-approved burden of response is
approximately 20 minutes per response. We retain this estimate to
initialize the unit plus about five minutes per voyage to enter the
information for Class A users.
    Estimate of Total Annual Burden: The existing OMB-approved total
annual burden is 204 hours (ICR Ref. No.<PHONE_NUMBER>-012). This rule
will increase that number by 46,986 hours annually for a total of
47,190 hours. The hour burden is a function of the 20 minutes dedicated
to the initial encoding of the AIS device with the vessel's static data
(MMSI, IMO number, name, call sign, type, and dimension) and
approximately 5 minute per voyage to update the vessel's dynamic data
(status, destination, estimated time of arrival, and, static draft),
which is based on the number of vessels subject to Class A AIS carriage
performing an average 164 voyages per year for U.S.-flag vessels.
    As required by 44 U.S.C. 3507(d), we submitted a copy of the final
rule to OMB for its review of the collection of information. OMB has
not yet completed its review of this collection. Therefore, we are not
making Sec.  164.46(b) and (c) effective until its information
collection request is approved by OMB. We will publish a document in
the Federal Register informing the public of OMB's decision to approve,
modify, or disapprove the collection.
    You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, or on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this final rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis is explained below.
    To the extent States have a current requirement in effect for
notices of vessel arrivals to a State agency--for example, notices to
pilot authorities for pilot services--we do not intend to preempt those
requirements with this final rule. However, we reserve our position
with respect to preemption of any prospective new State rule or legal
requirement for a notice of arrival or submission of information
requirements that are similar to those set forth in this final rule.
The U.S. Supreme Court in United States v. Locke, 529 U.S. 89, 120
S.Ct. 1135 (2000), held that pursuant to title I of the Ports and
Waterways Safety Act (PWSA) (33 U.S.C. 1221-1232), the authority for
the NOA portion of this final rule, we can preempt conflicting or
similar State requirements on vessel operation. Accordingly, based on
the Supreme Court's holding in the Locke case, we believe that any
prospective State requirement for an NOA or information gathering
requirement directed at vessel owners or operators that is similar to
that contained in this final rule is inconsistent with the Federalism
principles enunciated in that case and is preempted.
    Regarding the AIS portion of this final rule, it is well settled
that States may not regulate in categories reserved for regulation by
the Coast Guard. It is also well settled, now, 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), in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. Our AIS carriage requirements fall into the category of
equipping of vessels which, based on the principles in Locke, are
within a field foreclosed from regulation by States. In addition, under
the authority of Title I of the PWSA (specifically 33 U.S.C. 1223) and
the MTSA, this final rule will preempt any State action on the subject
of AIS carriage requirements. See Locke.
    In light of the analyses above, this final rule is consistent with
the principles of federalism and preemption requirements in Executive
Order 13132.

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 (adjusted for
inflation) or more in any 1 year. Though this final rule will not
result in such an expenditure, we discuss the effects of this final
rule elsewhere in this preamble.

G. Taking of Private Property

    This final rule will not cause 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 final 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 final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This final rule is not an economically significant rule and does
not create an environmental risk to health or risk to safety that may
disproportionately affect children.

J. Indian Tribal Governments

    This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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 final 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. Though it is a ``significant
regulatory action'' under Executive Order 12866, this final rule 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, this final rule does not require
a Statement of Energy Effects under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
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.
    This final rule uses the following voluntary consensus standards:
     IMO Resolution A.917(22), Guidelines for the Onboard
Operational Use of Shipborne Automatic Identification System (AIS),
adopted November 29, 2001
     IMO SN/Circ 227, Guidelines for the Installation of a
Shipborne Automatic Identification System (AIS), dated January 6, 2003
     IMO SN/Circ 244, Guidance on the Use of the UN/LOCODE in
the Destination Field in AIS Messages, dated December 15, 2004
     IMO SN/Circ 245, Amendments to the Guidelines for the
Installation of a Shipborne Automatic Identification System (AIS) (SN/
Circ.227), dated December 15, 2004
     IMO SN.1/Circ 289, Guidelines on the Use of AIS
Application-specific Messages, dated June 2, 2010
     National Marine Electronics Association (NMEA) 0400,
Installation Standard for Marine Electronic Equipment used on Moderate-
Sized Vessels, Version 3.10, dated February 2012
    The section that references these standards and the locations where
these standards are available are listed in Sec.  164.03.

M. Environment

    We have analyzed this final rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide us in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 2.B.2, figure 2-1,
paragraph (34)(a), (d), (e), and (i) of the Instruction and under
section 6.a. of the ``Appendix to National Environmental Policy Act:
Coast Guard Procedures for Categorical Exclusions, Notice of Final
Agency Policy'' (67 FR 48243, 48245, July 23, 2002). This rule involves
regulations concerning reporting procedures, equipping of vessels,
equipment carriage requirements, aid of navigation, and vessel
operation safety standards. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects

33 CFR Part 62

    Navigation (water).

33 CFR Part 66

    Intergovernmental relations, Navigation (water), Reporting and
recordkeeping requirements.

33 CFR Part 101

    Harbors, Maritime security, Reporting and recordkeeping
requirements, Security measures, Vessels, Waterways.

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 117

    Bridges.

33 CFR Part 118

    Bridges.

33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.

33 CFR Part 161

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

33 CFR Part 164

    Incorporation by reference, Marine safety, Navigation (water),
Reporting and recordkeeping requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

46 CFR Part 4

    Administrative practice and procedure, Drug testing,
Investigations, Marine safety, Nuclear vessels, Radiation protection,
Reporting and recordkeeping requirements, Safety, Transportation.

46 CFR Part 148

    Cargo vessels, Hazardous materials transportation, Marine safety.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 62, 66, 101, 110, 117, 118, 151, 160, 161, 164, and 165,
and 46 CFR parts 4 and 148, as follows:

Title 33--Navigation and Navigable Waters

PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM

0
1. The authority citation for part 62 is revised to read as follows:

    Authority:  14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333;
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  62.52 to read as follows:

Sec.  62.52  Automatic Identification System Aids to Navigation (AIS
AtoN).

    (a) Aids to Navigation (AtoN) may be enhanced by the use of an
automatic identification system (AIS). AIS is a

maritime navigation safety communications protocol standardized by the
International Telecommunication Union and adopted by the International
Maritime Organization for the broadcast or exchange of navigation
information between vessels, aircraft, and shore stations. AIS AtoN can
autonomously and at fixed intervals broadcast the name, position,
dimensions, type, characteristics and status from or concerning an aid
to navigation.
    (b) AIS AtoN can be either real (physically fitted to the AtoN),
synthetic (physically fitted somewhere other than to the AtoN) or
virtual (physically nonexistent, but capable of being portrayed on AIS-
capable displays).
    (c) AIS AtoN can also be used to broadcast both laterally (e.g.,
Port Hand Mark) and non-laterally significant marine safety information
(e.g., environmental data, tidal information, and navigation warnings).

PART 66--PRIVATE AIDS TO NAVIGATION

0
3. The authority citation for part 66 continues to read as follows:

    Authority:  14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-
296, 116 Stat. 2135; Department of Homeland Security Delegation No.
0170.1.

Sec.  66.01-1  [Amended]

0
4. In Sec.  66.01-1, remove paragraph (d).
0
5. Revise Sec.  66.01-5(i) to read as follows:

Sec.  66.01-5  Application procedure.

* * * * *
    (i) For AIS AtoN and racons: Manufacturer and model number of AIS
AtoN and racon, position and height above water of desired
installation, and requested MORSE coding or AIS AtoN message
characteristics. Equipment must have FCC authorization.

PART 101--MARITIME SECURITY: GENERAL

0
6. The authority citation for part 101 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.

Sec.  101.105  [Amended]

0
7. In Sec.  101.105, in the definition of Certain Dangerous Cargo,
remove the section reference ``160.204'' and add, in its place, the
section reference ``160.202''.

PART 110--ANCHORAGE REGULATIONS

0
8. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1(g); Department of Homeland Security Delegation No. 0170.1.

Sec.  110.158  [Amended]

0
9. In Sec.  110.158(b), remove the words ``Sec. 160.203 of this title''
and add, in their place, the words ``Sec.  160.202 of this chapter''.

Sec.  110.168  [Amended]

0
10. In Sec.  110.168(b), in the definition of Dangerous cargo, remove
the section reference ``Sec.  160.204 of this title'' and add, in its
place, the section reference ``Sec.  160.202 of this chapter''.

Sec.  110.214  [Amended]

0
11. In Sec.  110.214(a)(2)(ii) and (d)(1), remove the section reference
'' Sec.  160.203'' and add, in its place, the section reference ``Sec.
160.202''.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
12. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.

Sec.  117.1007  [Amended]

0
13. In Sec.  117.1007(b)(2), remove the section reference ``160.204''
and add, in its place, the section reference ``160.202''.

PART 118--BRIDGE LIGHTING AND OTHER SIGNALS

0
14. The authority citation for part 118 continues to read as follows:

    Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of
Homeland Security Delegation No. 0170.1.

0
15. In Sec.  118.120, add a new sentence at the end of the section to
read as follows:

Sec.  118.120  Radar reflectors and racons.

    * * * The District Commander may authorize the use of Automatic
Identification System Aids to Navigation in lieu of or in addition to a
racon.

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

0
16. The authority citation for part 151 continues to read as follows:

    Authority:  33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101;
Pub. L. 104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat. 1063),
Sec.  623; E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Delegation No.
0170.1, sec. 2(77).

Sec.  151.2005  [Amended]

0
17. In Sec.  151.2005(a), remove the reference ``160.204'' and add, in
its place, the reference ``160.202''.

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
18. The authority citation for part 160 continues to read as follows:

    Authority:  33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C.
3715.

Subpart C--Notification of Arrival, Hazardous Conditions, and
Certain Dangerous Cargoes

0
19. Revise the heading to subpart C to read as shown above.
0
20. Revise Sec.  160.201 to read as follows:

Sec.  160.201  General.

    This subpart contains requirements and procedures for submitting a
notice of arrival (NOA), and a notice of hazardous condition. The
sections in this subpart describe:
    (a) Applicability and exemptions from requirements in this subpart;
    (b) Required information in an NOA;
    (c) Required updates to an NOA;
    (d) Methods and times for submission of an NOA, and updates to an
NOA;
    (e) How to obtain a waiver; and
    (f) Requirements for submission of the notice of hazardous
condition.

    Note to Sec.  160.201.  For notice-of-arrival requirements for
the U.S. Outer Continental Shelf, see 33 CFR part 146.

Sec.  160.203  [Amended]

0
21. Lift the suspension of Sec.  160.203(d) and (e).

160.202, 160.203, and 160.204   [Redesignated as 160.203, 160.204 and
160.205]

0
22. Redesignate Sec. Sec.  160.202, 160.203, and 160.204, as Sec. Sec.
160.203, 160.204, and 160.202, respectively.
0
23. In redesignated Sec.  160.202, revise the introductory text, and
add definitions, in alphabetical order, for ``boundary waters'',
``embark'', ``ferry schedule'', ``foreign vessel'', and ``operating
exclusively within a single Captain of the Port zone'', to read as
follows:

Sec.  160.202  Definitions.

    Terms in this subpart that are not defined in this section or in
Sec.  160.3 have

the same meaning as those terms in 46 U.S.C. 2101. As used in this
subpart--
* * * * *
    Boundary waters mean the waters from main shore to main shore of
the lakes and rivers and connecting waterways, or the portions thereof,
along which the international boundary between the United States and
the Dominion of Canada passes, including all bays, arms, and inlets
thereof, but not including tributary waters which in their natural
channels would flow into such lakes, rivers, and waterways, or waters
flowing from such lakes, rivers, and waterways, or the waters of rivers
flowing across the boundary.
* * * * *
    Embark means when a crewmember or a person in addition to the crew
joins the vessel.
    Ferry schedule means a published document that:
    (1) Identifies locations a ferry travels to and from;
    (2) Lists the times of departures and arrivals; and
    (3) Identifies the portion of the year in which the ferry maintains
this schedule.
    Foreign vessel means a vessel of foreign registry or operated under
the authority of a country except the United States.
* * * * *
    Operating exclusively within a single Captain of the Port zone
refers to vessel movements within the boundaries of a single COTP zone,
e.g., from one dock to another, one berth to another, one anchorage to
another, or any combination of such transits. Once a vessel has arrived
in a port in a COPT zone, it would not be considered as departing from
a port or place simply because of its movements within that specific
port.
* * * * *

0
24. In redesignated Sec.  160.203, remove paragraph (b); redesignate
paragraphs (c) and (d) as paragraphs (b) and (c), respectively; and
revise paragraph (a) to read as follows:

Sec.  160.203  Applicability.

    (a) This subpart applies to the following vessels that are bound
for or departing from ports or places within the navigable waters of
the United States, as defined in 33 CFR 2.36(a), which includes
internal waters and the territorial seas of the United States, and any
deepwater port as defined in 33 CFR 148.5:
    (1) U.S. vessels in commercial service, and
    (2) All foreign vessels.
* * * * *

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25. In redesignated Sec.  160.204--
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a. Revise the section heading;
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b. Revise paragraph (a);
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c. From April 30, 2015 through December 31, 2015, add temporary
paragraph (a)(6) to read as set out below; and
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d. Revise paragraphs (b) through (c) to read as set out below; and
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e. Remove paragraphs (d) through (f).

Sec.  160.204  Exemptions and exceptions.

    (a) Except for reporting notice of hazardous conditions, the
following vessels are exempt from requirements in this subpart:
    (1) A passenger or offshore supply vessel when employed in the
exploration for or in the removal of oil, gas, or mineral resources on
the continental shelf.
    (2) An oil spill response vessel (OSRV) when engaged in actual
spill response operations or during spill response exercises.
    (3) After December 31, 2015, a vessel required by 33 CFR 165.830 or
165.921 to report its movements, its cargo, or the cargo in barges it
is towing.
    (4) A United States or Canadian vessel engaged in the salving
operations of any property wrecked, or rendering aid and assistance to
any vessels wrecked, disabled, or in distress, in waters specified in
Article II of the 1908 Treaty of Extradition, Wrecking and Salvage (35
Stat. 2035; Treaty Series 502).
    (5) The following vessels neither carrying certain dangerous cargo
nor controlling another vessel carrying certain dangerous cargo:
    (i) A foreign vessel 300 gross tons or less not engaged in
commercial service.
    (ii) A vessel operating exclusively within a single Captain of the
Port zone. Captain of the Port zones are defined in 33 CFR part 3.
    (iii) A U.S. towing vessel and a U.S. barge operating solely
between ports or places of the contiguous 48 states, Alaska, and the
District of Columbia.
    (iv) A public vessel.
    (v) Except for a tank vessel, a U.S. vessel operating solely
between ports or places of the United States on the Great Lakes.
    (vi) A U.S. vessel 300 gross tons or less, engaged in commercial
service not coming from a foreign port or place.
    (vii) Each ferry on a fixed route that is described in an accurate
schedule that is submitted by the ferry operator, along with
information in paragraphs (a)(5)(vii)(A) through (J) of this section,
to the Captain of the Port for each port or place of destination listed
in the schedule at least 24 hours in advance of the first date and time
of arrival listed on the schedule. At least 24 hours before the first
date and time of arrival listed on the ferry schedule, each ferry
operator who submits a schedule under paragraph (a)(5)(vii) of this
section must also provide the following information to the Captain of
the Port for each port or place of destination listed in the schedule
for the ferry, and if the schedule or the following submitted
information changes, the ferry operator must submit an updated schedule
at least 24 hours in advance of the first date and time of arrival
listed on the new schedule and updates on the following items whenever
the submitted information is no longer accurate:
    (A) Name of the vessel;
    (B) Country of registry of the vessel;
    (C) Call sign of the vessel;
    (D) International Maritime Organization (IMO) international number
or, if the vessel does not have an assigned IMO international number,
the official number of the vessel;
    (E) Name of the registered owner of the vessel;
    (F) Name of the operator of the vessel;
    (G) Name of the vessel's classification society or recognized
organization, if applicable;
    (H) Each port or place of destination;
    (I) Estimated dates and times of arrivals at and departures from
these ports or places; and
    (J) Name and telephone number of a 24-hour point of contact.
    (6) From April 30, 2015 through December 31, 2015, vessels
identified as being subject to 33 CFR 165.830 or 165.921.
    (b) A vessel less than 500 gross tons is not required to submit the
International Safety Management (ISM) Code Notice (Entry 7 in Table
160.206 of Sec.  160.206).
    (c) A U.S. vessel is not required to submit the International Ship
and Port Facility Security (ISPS) Code Notice information (Entry 8 in
Table 160.206 of Sec.  160.206).

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26. Add Sec.  160.205 to read as follow:

Sec.  160.205  Notices of arrival.

    The owner, agent, Master, operator, or person in charge of a vessel
must submit notices of arrival consistent with the requirements in this
subpart.

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27. In Sec.  160.206, lift the suspension of item (8) in Table 160.206
of paragraph (a), and revise Sec.  160.206 to read as follows:

Sec.  160.206  Information required in an NOA.

    (a) Information required. With the exceptions noted in paragraph