(b) of this section, each NOA must contain all of the information items
specified in Table 160.206. Vessel owners and operators should protect
any personal information they gather in preparing notices for

transmittal to the National Vessel Movement Center (NVMC) to prevent
unauthorized disclosure of that information.

                  Table 160.206--NOA Information Items
------------------------------------------------------------------------
                                            Vessels
                                            neither          Vessels
                                          carrying CDC   carrying CDC or
         Required information                 nor          controlling
                                          controlling     another vessel
                                         another vessel    carrying CDC
                                          carrying CDC
------------------------------------------------------------------------
(1) Vessel Information:
    (i) Name;                                        X                X
    (ii) Name of the registered owner;               X                X
    (iii) Country of registry;                       X                X
    (iv) Call sign;                                  X                X
    (v) International Maritime                       X                X
     Organization (IMO) international
     number or, if vessel does not
     have an assigned IMO
     international number, substitute
     with official number;
    (vi) Name of the operator;                       X                X
    (vii) Name of charterer;                         X                X
    (viii) Name of classification                    X                X
     society or recognized
     organization;
    (ix) Maritime Mobile Service                     X                X
     Identity (MMSI) number, if
     applicable;
    (x) Whether the vessel is 300                    X                X
     gross tons or less (yes or no);
     and
    (xi) USCG Vessel Response Plan                   X                X
     Control Number, if applicable.
(2) Voyage Information:
    (i) Names of last five foreign                   X                X
     ports or places visited;
    (ii) Dates of arrival and                        X                X
     departure for last five foreign
     ports or places visited;
    (iii) For the port or place of the               X                X
     United States to be visited, list
     the name of the receiving
     facility, the port or place, the
     city, and the state;
    (iv) For the port or place of the                X                X
     United States to be visited, the
     estimated date and time of
     arrival;
    (v) For the port or place in the                 X                X
     United States to be visited, the
     estimated date and time of
     departure;
    (vi) The location (port or place                 X                X
     and country) or position
     (latitude and longitude or
     waterway and mile marker) of the
     vessel at the time of reporting;
    (vii) The name and telephone                     X                X
     number of a 24-hour point of
     contact;
    (viii) Whether the vessel's voyage               X                X
     time is less than 24 hours (yes
     or no);
    (ix) Last port or place of                       X                X
     departure; and
    (x) Dates of arrival and departure               X                X
     for last port or place of
     departure.
(3) Cargo Information:
    (i) A general description of                     X                X
     cargo, other than CDC, on board
     the vessel (e.g., grain,
     container, oil, etc.);
    (ii) Name of each CDC carried,      ...............               X
     including cargo UN number, if
     applicable; and
    (iii) Amount of each CDC carried.   ...............               X
(4) Information for each Crewmember On
 Board:
    (i) Full name;                                   X                X
    (ii) Date of birth;                              X                X
    (iii) Nationality;                               X                X
    (iv) Passport * or mariner's                     X                X
     document number (type of
     identification and number);
    (v) Position or duties on the                    X                X
     vessel; and
    (vi) Where the crewmember embarked               X                X
     (list port or place and country).
(5) Information for each Person On
 Board in Addition to Crew:
    (i) Full name;                                   X                X
    (ii) Date of birth;                              X                X
    (iii) Nationality;                               X                X
    (iv) Passport number; * and                      X                X
    (v) Where the person embarked                    X                X
     (list port or place and country).
(6) Operational condition of equipment               X                X
 required by 33 CFR part 164 of this
 chapter (see note to table):
(7) International Safety Management
 (ISM) Code Notice:
    (i) The date of expiration for the               X                X
     company's Document of Compliance
     certificate that covers the
     vessel;
    (ii) The date of expiration for                  X                X
     the vessel's Safety Management
     Certificate; and
    (iii) The name of the Flag                       X                X
     Administration, or the recognized
     organization(s) representing the
     vessel Flag Administration, that
     issued those certificates.
(8) International Ship and Port
 Facility Security Code (ISPS) Notice:
    (i) The date of issuance for the                 X                X
     vessel's International Ship
     Security Certificate (ISSC), if
     any;
    (ii) Whether the ISSC, if any, is                X                X
     an initial Interim ISSC,
     subsequent and consecutive
     Interim ISSC, or final ISSC;
    (iii) Declaration that the                       X                X
     approved ship security plan, if
     any, is being implemented;
    (iv) If a subsequent and                         X                X
     consecutive Interim ISSC, the
     reasons therefore;
    (v) The name and 24-hour contact                 X                X
     information for the Company
     Security Officer; and
    (vi) The name of the Flag                        X                X
     Administration or the recognized
     security organization(s)
     representing the vessel Flag
     Administration that issued the
     ISSC.
------------------------------------------------------------------------
Note to Table 160.206. For items with an asterisk (*), see paragraph (b)
  of this section. Submitting a response for item 6 indicating that
  navigation equipment is not operating properly does not serve as
  notice to the District Commander, Captain of the Port, or Vessel
  Traffic Center, under 33 CFR 164.53.

    (b) Exceptions. If a crewmember or person on board other than a
crewmember is not required to carry a passport for travel, then
passport information required in Table 160.206 by items (4)(iv) and (5)
(iv) need not be provided for that person.

0
28. In Sec.  160.208--
0
a. In paragraph (b)(3), remove the reference to ``(5)(v)'', and in its
place, add ``(4)(vii)'',
0
b. Revise the section heading and paragraphs (a) and (c) to read as
follows:

Sec.  160.208  Updates to a submitted NOA.

    (a) Unless otherwise specified in this section, whenever events
cause NOA information submitted for a vessel to become inaccurate, or
the submitter to realize that data submitted was inaccurate, the owner,
agent, Master, operator, or person in charge of that vessel must submit
an update within the times required in Sec.  160.212.
* * * * *
    (c) When reporting updates, revise and resubmit the NOA.

0
29. In Sec.  160.210, lift the suspension of the last sentence of
paragraph (b), the last sentence of paragraph (c), and paragraph (d);
and revise Sec.  160.210 to read as follows:

Sec.  160.210  Methods for submitting an NOA.

    (a) National Vessel Movement Center (NVMC). Except as otherwise
provided in this paragraph or paragraph (b) of this section, vessels
must submit NOA information required by Sec.  160.206 to the NVMC using
methods currently specified at www.nvmc.uscg.gov, which includes
submission through the NVMC electronic Notice of Arrival and Departure
(eNOAD) World Wide Web site, and XML, which includes the Excel Workbook
format. These data may also be submitted using other methods that may
be added as future options on www.nvmc.uscg.gov. XML spreadsheets may
be submitted via email to<EMAIL_ADDRESS>If a vessel operator
must submit an NOA or an update, for a vessel in an area without
internet access or when experiencing technical difficulties with an
onboard computer, and he or she has no shore-side support available,
the vessel operator may fax or phone the submission to the NVMC. Fax at
1-800-547-8724 or<PHONE_NUMBER>. Workbook available at
www.nvmc.uscg.gov; or, telephone at 1-800-708-9823 or<PHONE_NUMBER>.
    (b) Saint Lawrence Seaway. Those vessels transiting the Saint
Lawrence Seaway inbound, bound for a port or place in the United
States, may meet the submission requirements of paragraph (a) of this
section by submitting the required information to the Saint Lawrence
Seaway Development Corporation and the Saint Lawrence Seaway Management
Corporation of Canada using methods specified at www.nvmc.uscg.gov.

0
30. In Sec.  160.212, lift the suspension of paragraph (c), and revise
Sec.  160.212 to read as follows:

Sec.  160.212  When to submit an NOA.

    (a) Submission of an NOA. (1) Except as set out in paragraphs
(a)(2) and (a)(3) of this section, all vessels must submit NOAs within
the times required in paragraph (a)(4) of this section.
    (2) Towing vessels, when in control of a vessel carrying CDC and
operating solely between ports or places of the contiguous 48 states,
Alaska, and the District of Columbia, must submit an NOA before
departure but at least 12 hours before arriving at the port or place of
destination.
    (3) U.S. vessels 300 gross tons or less, arriving from a foreign
port or place, and whose voyage time is less than 24 hours must submit
an NOA at least 60 minutes before departure from the foreign port or
place. Also, Canadian vessels 300 gross tons or less, arriving directly
from Canada, via boundary waters, to a United States port or place on
the Great Lakes, whose voyage time is less than 24 hours must submit an
NOA at least 60 minutes before departure from the Canadian port or
place.
    (4) Times for submitting NOAs are as follows:

------------------------------------------------------------------------
   If your voyage time is--          Then you must submit an NOA--
------------------------------------------------------------------------
(i) 96 hours or more; or.....  At least 96 hours before arriving at the
                                port or place of destination; or
(ii) Less than 96 hours......  Before departure but at least 24 hours
                                before arriving at the port or place of
                                destination.
------------------------------------------------------------------------

    (b) Submission of updates to an NOA. (1) Except as set out in
paragraphs (b)(2) and (b)(3) of this section, vessels must submit
updates in NOA information within the times required in paragraph
(b)(4) of this section.
    (2) Towing vessels, when in control of a vessel carrying CDC and
operating solely between ports or places in the contiguous 48 states,
Alaska, and the District of Columbia, must submit updates to an NOA as
soon as practicable but at least 6 hours before entering the port or
place of destination.
    (3) U.S. vessels 300 gross tons or less, arriving from a foreign
port or place, whose voyage time is--
    (i) Less than 24 hours but greater than 6 hours, must submit
updates to an NOA as soon as practicable, but at least 6 hours before
entering the port or place of destination.
    (ii) Less than or equal to 6 hours, must submit updates to an NOA
as soon as practicable, but at least 60 minutes before departure from
the foreign port or place.
    (4) Times for submitting updates to NOAs are as follows:

------------------------------------------------------------------------
If your remaining voyage time
             is--               Then you must submit updates to an NOA--
------------------------------------------------------------------------
(i) 96 hours or more;          As soon as practicable, but at least 24
                                hours before arriving at the port or
                                place of destination;
(ii) Less than 96 hours but    As soon as practicable, but at least 24
 not less than 24 hours; or.    hours before arriving at the port or
                                place of destination; or
(iii) Less than 24 hours.....  As soon as practicable, but at least 12
                                hours before arriving at the port or
                                place of destination.
------------------------------------------------------------------------

Sec.  160.215  [Redesignated as Sec.  160.216]

0
31. Redesignate Sec.  160.215 as Sec.  160.216, and add a new Sec.
160.215 to read as follows:

Sec.  160.215  Force majeure.

    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. The vessel must report
the following information to the nearest Captain of the Port as soon as
practicable:
    (a) The vessel Master's intentions;

    (b) Any hazardous conditions as defined in Sec.  160.202; and
    (c) If the vessel is carrying certain dangerous cargo or
controlling a vessel carrying certain dangerous cargo, the amount and
name of each CDC carried, including cargo UN number if applicable.

PART 161--VESSEL TRAFFIC MANAGEMENT

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

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
33. In Sec.  161.2, revise the definition of ``VTS User'' to read as
follows:

Sec.  161.2  Definitions.

* * * * *
    VTS User means a vessel or an owner, operator, charterer, Master,
or person directing the movement of a vessel within a VTS area that is:
    (1) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act;
    (2) Required to participate in a VMRS; or
    (3) Equipped with a Coast Guard type-approved Automatic
Identification System (AIS).
* * * * *

0
34. In Sec.  161.5, revise paragraph (b) to read as follows:

Sec.  161.5  Deviations from the rules.

* * * * *
    (b) Requests to deviate from any provision in this part due to
circumstances that develop during a transit or immediately preceding a
transit may be made to the appropriate Vessel Traffic Center (VTC).
Requests to deviate must be made as far in advance as practicable. Upon
receipt of the request, the VTC may authorize a deviation if it is
determined that, based on vessel handling characteristics, traffic
density, radar contacts, environmental conditions and other relevant
information, such a deviation provides a level of safety equivalent to
that provided by the required measure or is a maneuver considered
necessary for safe navigation under the circumstances.

Sec.  161.12  [Amended]

0
35. In Sec.  161.12, in paragraph (c), remove the words ``Sec. Sec.
161.21 and 164.46 of this subchapter'' from the last sentence of Note 1
of table 161.12(c), and add, in their place, the words ``Sec.
161.21''; and in paragraph (d)(5), remove the section reference ``Sec.
160.204'' and add, in its place, the section reference ``Sec.
160.202''.

0
36. In Sec.  161.19, revise paragraph (f) to read as follows:

Sec.  161.19  Sailing Plan (SP).

* * * * *
    (f) Dangerous cargo on board or in its tow, as defined in Sec.
160.202 of this chapter.

PART 164--NAVIGATION SAFETY REGULATIONS

0
37. The authority citation for part 164 is revised to read as follows:

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

0
38. In Sec.  164.02, revise the introductory text of paragraph (a) to
read as follows:

Sec.  164.02  Applicability exception for foreign vessels.

    (a) Except for Sec.  164.46(c), none of the requirements of this
part apply to foreign vessels that:
* * * * *

0
39. Revise Sec.  164.03 to read as follows:

Sec.  164.03  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of the
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For more
information on the availability of this material at NARA, call 202-741-
6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. Also, it is available for inspection at the Commandant
(CG-NAV), U.S. Coast Guard Stop 7418, Attn: Office of Navigation
Systems, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-
7418, and is available from the sources listed below.
    (b) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005-4070,<PHONE_NUMBER>, www.api.org:
    (1) API Specification 9A, Specification for Wire Rope, Section 3,
Properties and Tests for Wire and Wire Rope, May 28, 1984, IBR approved
for Sec.  164.74.
    (2) [Reserved]
    (c) ASTM International, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959,<PHONE_NUMBER>, www.astm.org:
    (1) ASTM D4268-93, Standard Test Method for Testing Fiber Rope, IBR
approved for Sec.  164.74.
    (2) [Reserved]
    (d) Cordage Institute, 350 Lincoln Street, Hingham, MA 02043.
    (1) CIA-3, Standard Test Methods for Fiber Rope Including Standard
Terminations, Revised, June 1980, IBR approved for Sec.  164.74.
    (2) [Reserved]
    (e) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, United Kingdom, www.imo.org:
    (1) IMO Resolution A342(IX), Recommendation on Performance
Standards for Automatic Pilots, November 12, 1975, IBR approved for
Sec.  164.13.
    (2) IMO Resolution A.917(22), Guidelines for the Onboard
Operational Use of Shipborne Automatic Identification System (AIS),
January 25, 2002, IBR approved for Sec.  164.46.
    (3) Resolution MSC.74(69), Annex 3, Recommendation on Performance
Standards for a Universal Shipborne Automatic Identification System
(AIS), May 12, 1998, IBR approved for Sec.  164.46.
    (4) SN/Circ.227, Guidelines for the Installation of a Shipborne
Automatic Identification System (AIS), January 6, 2003, IBR approved
for Sec.  164.46.
    (5) SN/Circ.244, Guidance on the Use of the UN/LOCODE in the
Destination Field in AIS Messages, December 15, 2004, IBR approved for
Sec.  164.46.
    (6) SN/Circ.245, Amendments to the Guidelines for the Installation
of a Shipborne Automatic Identification System (AIS)(SN/Circ.227),
December 15, 2004, IBR approved for Sec.  164.46.
    (7) SOLAS, International Convention for the Safety of Life at Sea,
1974, and 1988 Protocol relating thereto, 2000 Amendments, effective
January and July 2002, (SOLAS 2000 Amendments), IBR approved for Sec.
164.46.
    (8) Conference resolution 1, Adoption of amendments to the Annex to
the International Convention for the Safety of Life at Sea, 1974, and
amendments to Chapter V of SOLAS 1974, adopted on December 12, 2002,
IBR approved for Sec.  164.46.
    (9) SN.1/Circ.289, Guidance on the Use of AIS Application-Specific
Messages, June 2, 2010, IBR approved for Sec.  164.46.
    (f) National Marine Electronics Association (NMEA), 7 Riggs Avenue,
Severna Park, MD 21146,<PHONE_NUMBER>, www.nmea.org:

    (1) NMEA 0400, Installation Standard for Marine Electronic
Equipment used on Moderate-Sized Vessels, Version 3.10, February 2012,
IBR approved for Sec.  164.46.
    (2) [Reserved]
    (g) Radio Technical Commission for Maritime Services (RTCM), 1611
N. Kent St., Suite 605, Arlington, VA 22209,<PHONE_NUMBER>,
www.rtcm.org:
    (1) RTCM Paper 12-78/DO-100, Minimum Performance Standards, Loran C
Receiving Equipment, 1977, IBR approved for Sec.  164.41.
    (2) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards for
Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross
Tonnage, Version 1.1, October 10, 1995, IBR approved for Sec.  164.72.
    (3) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards for
Maritime Radar Equipment Installed on Ships of 300 Tons Gross Tonnage
and Upwards, Version 1.2, December 20, 1993, IBR approved for Sec.
164.72.

Sec.  164.43  [Removed]

0
40. Remove Sec.  164.43.

0
41. Revise Sec.  164.46 to read as follows:

Sec.  164.46  Automatic Identification System.

    (a) Definitions. As used in this section--Automatic Identification
Systems or AIS means a maritime navigation safety communications system
standardized by the International Telecommunication Union (ITU),
adopted by the International Maritime Organization (IMO), that--
    (1) Provides vessel information, including the vessel's identity,
type, position, course, speed, navigational status and other safety-
related information automatically to appropriately equipped shore
stations, other ships, and aircraft;
    (2) Receives automatically such information from similarly fitted
ships, monitors and tracks ships; and
    (3) Exchanges data with shore-based facilities.
    Gross tonnage means tonnage as defined under the International
Convention on Tonnage Measurement of Ships, 1969.
    International voyage means a voyage from a country to which the
present International Convention for the Safety of Life at Sea applies
to a port outside such country, or conversely.
    Properly installed, operational means an Automatic Identification
System (AIS) that is installed and operated using the guidelines set
forth by the International Maritime Organization (IMO) Resolution
A.917(22) and Safety of Navigation Circulars (SN/Circ.) 227, 244, 245,
and SN.1/Circ.289; or National Marine Electronics Association (NMEA)
Installation Standard 0400-3.10 in lieu of SN/Circ.227 and 245
(incorporated by reference, see Sec.  164.03).
    (b) AIS carriage--(1) AIS Class A device. The following vessels
must have on board a properly installed, operational Coast Guard type-
approved AIS Class A device:
    (i) 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 length and more than 600
horsepower, engaged in commercial service.
    (iii) A vessel that is certificated to carry more than 150
passengers.
    (iv) A self-propelled vessel 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.
    (v) A self-propelled vessel 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.
    (2) AIS Class B device. Use of a Coast Guard type-approved AIS
Class B device in lieu of an AIS Class A device is permissible on the
following vessels if they are not subject to pilotage by other than the
vessel Master or crew:
    (i) Fishing industry vessels;
    (ii) Vessels identified in paragraph (b)(1)(i) of this section that
are certificated to carry less than 150 passengers and that--
    (A) Do not operate in a Vessel Traffic Service (VTS) or Vessel
Movement Reporting System (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
    (iii) Vessels identified in paragraph (b)(1)(iv) of this section
engaged in dredging operations.

    Note to paragraph (b):
    Under 33 U.S.C. 1223(b)(3) and 33 CFR 160.111, a Coast Guard
Captain of the Port (COTP) may restrict the operation of a vessel if
he or she determines that by reason of weather, visibility, sea
conditions, port congestion, other hazardous circumstances, or the
condition of such vessel, the restriction is justified in the
interest of safety. In certain circumstances, if a COTP is concerned
that the operation of a vessel not subject to Sec.  164.46 would be
unsafe, the COTP may determine that voluntary installation of AIS by
the operator would mitigate that concern.

    (c) SOLAS provisions. The following self-propelled vessels must
comply with International Convention 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):
    (1) A vessel of 300 gross tonnage or more, on an international
voyage.
    (2) A vessel of 150 gross tonnage or more, when carrying more than
12 passengers on an international voyage.
    (d) Operations. The requirements in this paragraph are applicable
to any vessel equipped with AIS.
    (1) Use of AIS does not relieve the vessel of the requirements to
sound whistle signals or display lights or shapes in accordance with
the International Regulations for Preventing Collisions at Sea, 1972
(72 COLREGS), 28 U.S.T. 3459, T.I.A.S. 8587, or Inland Navigation
Rules, 33 CFR part 83; nor of the radio requirements of the Vessel
Bridge-to-Bridge Radiotelephone Act, 33 U.S.C. 1201-1208, part 26 of
this chapter, and 47 CFR part 80.
    (2) AIS must be maintained in effective operating condition, which
includes--
    (i) The ability to reinitialize the AIS, which requires access to
and knowledge of the AIS power source and password;
    (ii) The ability to access AIS information from the primary conning
position of the vessel;
    (iii) The accurate broadcast of a properly assigned Maritime Mobile
Service Identity (MMSI) number;
    (iv) The accurate input and upkeep of all AIS data fields and
system updates; and
    (v) For those vessels denoted in paragraph (b) of this section, the
continual operation of AIS and its associated devices (e.g.,
positioning system, gyro, converters, displays) at all times while the
vessel is underway or at anchor, and, if moored, at least 15 minutes
prior to getting underway; except when its operation would compromise
the safety or security of the vessel or a security incident is
imminent. The AIS should be returned to continuous operation as soon as
the compromise has been mitigated or the security incident has passed.
The time and reason for the silent period should be recorded in the
ship's official log and reported to the nearest Captain of the Port or
Vessel Traffic Center (VTC).
    (3) AIS safety-related text messaging must be conducted in English
and solely to exchange or communicate pertinent navigation safety
information (analogous to a SECURITE broadcast). Although not
prohibited, AIS text messaging should not be relied upon as the primary
means for broadcasting

distress (MAYDAY) or urgent (PAN PAN) communications. (47 CFR 80.1109,
Distress, urgency, and safety communications).
    (4) AIS application-specific messaging (ASM) is permissible, but is
limited to applications adopted by the International Maritime
Organization (such as IMO SN.1/Circ.289) or those denoted in the
International Association of Marine Aids to Navigation and Lighthouse
Authorities' (IALA) ASM Collection for use in the United States or
Canada, and to no more than one ASM per minute.

    Note to paragraph (d):
    The Coast Guard has developed the ``U.S. AIS Encoding Guide'' to
help ensure consistent and accurate data encoding (input) by AIS
users. This Guide is available at our ``AIS Frequently Asked
Questions'' (FAQ #2) World Wide Web page at www.navcen.uscg.gov.
Although of great benefit, the interfacing or installation of other
external devices or displays (e.g., transmitting heading device,
gyro, rate of turn indicator, electronic charting systems, and
radar), is not currently required except as denoted in Sec.
164.46(c). Most application-specific messages require interfacing to
an external system that is capable of their portrayal, such as
equipment certified to meet Radio Technical Commission for Maritime
Services (RTCM) electronic chart system (ECS) standard 10900 series.

    (e) Watchkeeping. AIS is primarily intended for use by the Master
or person in charge of the vessel, or by the person designated by the
Master or person in charge to pilot or direct the movement of the
vessel, who must maintain a periodic watch for AIS information.
    (f) Portable AIS. The use of a portable AIS is permissible only to
the extent that electromagnetic interference does not affect the proper
function of existing navigation and communication equipment on board
and such that only one AIS device may be transmitting on board a vessel
at any one time.
    (g) AIS Pilot Plug. The AIS Pilot Plug on any vessel subject to
pilotage by other than the vessel Master or crew must be readily
available and easily accessible from the primary conning position of
the vessel and permanently affixed (not an extension cord) and adjacent
(within 3 feet) to a 120-volt 50/60 Hz AC power receptacle (NEMA 5-15).
    (h) Exceptions. The following vessels may seek up to a 5-year
deviation from the AIS requirements of this section by requesting a
deviation under Sec.  164.55.
    (1) Vessels that operate solely within a very confined area (e.g.,
less than a 1 nautical-mile radius, shipyard, or barge fleeting
facility);
    (2) Vessels that conduct only short voyages (less than 1 nautical
mile) on a fixed schedule (e.g., a bank-to-bank river ferry service or
a tender vessel);
    (3) Vessels that are not likely to encounter other AIS-equipped
vessels;
    (4) Vessels whose design or construction makes it impracticable to
operate an AIS device (e.g., those that lack electrical power, have an
exposed or open cabin, or are submersible); or
    (5) Vessels denoted in paragraph (b)(2) that seek a deviation from
requirements in paragraphs (d)(2)(ii) and (e) of this section because
their AIS Class B device lacks a display.
    (i) Prohibition. Except for maritime support stations (see 47 CFR
80.5) licensed by the Federal Communications Commission (FCC),
broadcasts from AIS Class A or B devices on aircraft, non-self
propelled vessels or from land are prohibited.
    (j) Implementation date. Those vessels identified in paragraphs (b)
and (c) of this section that were not previously subject to AIS
carriage must install AIS no later than March 1, 2016.

Sec.  164.53  [Amended]

0
42. In Sec.  164.53(b), after the word ``vessel's'', add the phrase
''automatic identification system (AIS),''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
43. The authority citation for part 165 is revised to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

Sec.  165.503  [Amended]

0
44. In Sec.  165.503(a), in the definition of Certain dangerous cargo
or CDC, remove the section reference ``160.204'' and add, in its place,
the section reference ``160.202''.

Sec.  165.510  [Amended]

0
45. In Sec.  165.510(b), in the definition of Dangerous Cargo, remove
the section reference ``Sec.  160.203'' and add, in its place, the
section reference ``Sec.  160.202''.

Sec.  165.753  [Amended]

0
46. In Sec.  165.753(c)(6), remove the reference ``160.203'' and add,
in its place, the reference ``160.202''.

Sec.  165.811  [Amended]

0
47. In Sec.  165.811(e)(2), remove the section reference ``Sec.
160.203'' and add, in its place, the section reference ``Sec.
160.202''.

Sec.  165.830  [Amended]

0
48. In Sec.  165.830(c), in the definition of Barge, remove the
reference ``160.204'' and add, in its place, the reference ``160.202''.

Sec.  165.921  [Amended]

0
49. In Sec.  165.921(c), in the definition of Barge, remove the
reference ``160.204'' and add, in its place, the reference ``160.202''.

Sec.  165.1181  [Amended]

0
50. In Sec.  165.1181(e)(1)(ii)(C)(1), remove the words ``section
160.203'' and add, in their place, the section reference ``Sec.
160.202''.

Sec.  165.1183  [Amended]

0
51. In Sec.  165.1183(a)(2), in the definition of High Value Asset,
remove the reference ``160.204'' and add, in its place, the reference
``160.202''.

Sec.  165.1704  [Amended]

0
52. In Sec.  165.1704--
0
a. In paragraph (c)(4), after the punctuation mark ``;'', add the word
``and'';
0
b. In paragraph (c)(5), after the term ``6 knots'', remove the text ``;
and'' and add, in its place, the punctuation mark ``.''; and
0
c. Remove paragraph (c)(6).

Title 46--Shipping

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

0
53. The authority citation for part 4 continues to read as follows:

    Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103,
2303a, 2306, 6101, 6301, and 6305; 50 U.S.C. 198; Department of
Homeland Security Delegation No. 0170.1. Subpart 4.40 issued under
49 U.S.C. 1903(a)(1)(E).

Sec.  4.05-1  [Amended]

0
54. In Sec.  4.05-1(b), remove the reference ``160.204'' and add, in
its place, the reference ``160.202''.

PART 148--CARRIAGE OF BULK SOLID MATERIALS THAT REQUIRE SPECIAL
HANDLING

0
55. The authority citation for part 148 continues to read as follows:

    Authority: 33 U.S.C. 1602; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 46 U.S.C. 3306, 5111; 49 U.S.C. 5103; Department of
Homeland Security Delegation No. 0170.1.

Sec.  148.11  [Amended]

0
56. In Sec.  148.11(b), in the last row of the Table of Hazardous or
Potentially Dangerous Characteristics, remove the reference ``160.204''
and add, in its place, the reference ``160.202''.

    Dated: January 15, 2015.
Paul F. Zukunft,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2015-01331 Filed 1-29-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Page 51023]
[FR Doc No: 2012-20745]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. OR12-24-000]

R. Gordon Gooch v. Colonial Pipeline Company; Notice of Complaint

    Take notice that on August 14, 2012, pursuant to section 13(1) of
the Interstate Commerce Act (ICA) (49 App. U.S.C. 13(1) (1988)), Rule
206 of the Rules of Practice and Procedure of the Federal Energy
Regulatory Commission (Commission) (18 CFR 385.206 (2012)), and section
343.2 of the Commission's regulations (18 CFR 343.2 (2012)), R. Gordon
Gooch (Complainant) filed a formal complaint against Colonial Pipeline
Company (Respondent) challenging the rates, terms, and conditions of
Respondent's interstate transportation service in FERC Tariff Nos.
98.6.0,99.8.0, and 100.6.0, as set forth more fully in the complaint.
    R. Gordon Gooch states that a copy of the Complaint has been served
on the contact for the Respondent as listed on the Commission list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer, motions to intervene, and protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of protests and interventions to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket. For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 4, 2012.

    Dated: August 16, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-20745 Filed 8-22-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 31, 2007 (Volume 72, Number 104)]
[Notices]
[Page 30404-30406]
[DOCID:fr31my07-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55810; File No. SR-NASD-2007-034]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Proposed Rule Change Creating NASD
Rule 1160 (Firm Contact Information) Regarding the Reporting and Annual
Review of Designated Contact Information to NASD

May 24, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 11, 2007, the National Association of Securities Dealers, Inc.
(``NASD'') filed

with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by NASD. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASD is proposing to amend adopt new NASD Rule 1160 (Firm Contact
Information) regarding the reporting of designated contact information
to NASD and the annual review of such information. The proposed rule
change also would amend Rule 1120 (Continuing Education Requirements),
Rule 1150 (Executive Representative), Interpretive Material (IM)-3011-2
(Review of Anti-Money Laundering Compliance Person Information), and
Rule 3520 (Emergency Contact Information) to eliminate the requirement
that members review and update, at the end of each calendar quarter,
the contact information required by these rules. The text of the
proposed rule change is available at http://www.nasd.com, at the NASD, and at

the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NASD included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASD has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, there are several rules requiring firms to identify and
report to NASD certain designated contact persons: Rule 1120
(Continuing Education Requirements); Rule 1150 (Executive
Representative); IM-3011-2 (Review of Anti-Money Laundering Compliance
Person Information); and Rule 3520 (Emergency Contact Information).
These rules further require firms to review the contact information at
the end of each calendar quarter, and if necessary, update such
information within 17 business days after the end of each quarter.
Members review this information and provide any updates online via the
NASD Contact System (``NCS'').\3\
---------------------------------------------------------------------------

    \3\ NASD also currently requires each firm to report, via NCS,
contact information for its Executive Officer and the Head of
Compliance. NCS also includes several optional fields for other
contact persons.
---------------------------------------------------------------------------

    Based on recommendations made by its Small Firm Rules Impact Task
Force,\4\ NASD is proposing to eliminate these quarterly review
requirements in favor of a more comprehensive approach for verifying
and updating all contact information required to be reported.
Specifically, proposed new Rule 1160 would require members to provide
the required contact information via NCS or such other means as NASD
may specify. New Rule 1160 also would require members to update the
contact information promptly, but in any event not later than 30 days
following any change in such information, as well as to review and, if
necessary, update the information within 17 business days after the end
of each calendar year. In addition, the rule would require members to
comply with any NASD request for such information promptly, but in any
event not later than 15 days following the request, or such longer
period that may be agreed to by NASD staff. The proposed rule change
would not relieve members from any separate requirements to update such
information.\5\
---------------------------------------------------------------------------

    \4\ NASD established the Small Firm Rules Impact Task Force in
September 2006 to examine how existing NASD rules impact smaller
firms. In particular, the Task Force focuses on possible
opportunities to amend or modernize certain conduct rules that may
be particularly burdensome for small firms, where such changes are
consistent with investor protection and market integrity.
    \5\ For example, a firm must identify, among others, its Chief
Executive Officer and Chief Compliance Officer on Form BD, and
promptly update such information by submitting an amendment whenever
the information becomes inaccurate or incomplete for any reason. See
also Article IV, Section 1(c) of the NASD By-Laws, requiring each
member to ensure that its membership application is kept current at
all times by supplementary amendments, and to file any such
amendment no later than 30 days after learning of the facts or
circumstances giving rise to the amendment.
---------------------------------------------------------------------------

    The proposed rule change also would amend Rule 3520 to eliminate
the requirement that only a firm's Executive Representative, or his or
her written designee, be permitted to review and update the firm's
emergency contact information. NASD believes that eliminating this
restriction will assist members in complying with their obligation to
keep current their emergency contact information by giving members the
flexibility to have others perform this duty as necessary or
appropriate.
    The proposed rule change has several advantages over current NASD
requirements applicable to firm contact information. NASD understands
that for many firms, the persons who occupy the designated positions
seldom change, and thus the proposed rule change would eliminate any
unnecessary burden that firms may incur in conducting quarterly reviews
of the contact information. At the same time, the proposed rule change
would help to ensure that the contact information required by NASD is
kept current and provided to NASD promptly upon request. This would
assure NASD's ability to contact its members in the event of an
emergency, as well as support members' compliance with certain NASD
rules, such as continuing education requirements and anti-money
laundering obligations, and facilitate member voting through the
Executive Representatives.
    NASD will announce the effective date of the proposed rule change
in a Notice to Members to be published no later than 60 days following
Commission approval. The effective date will be 30 days following
publication of the Notice to Members announcing Commission approval.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that NASD rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change sets forth a comprehensive
approach for member firms to provide and keep current required contact
information, while also reducing unnecessary burdens on firms by
eliminating the requirement that firms review and update the contact
information on a quarterly basis; instead, firms would be required to
conduct such reviews on an annual basis as well as to promptly update
the information following any change.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    NASD does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2007-034 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASD-2007-034. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of NASD. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASD-2007-034 and should be submitted on or before June 21, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-10403 Filed 5-30-07; 8:45 am]

BILLING CODE 8010-01-P