[Federal Register: October 24, 2006 (Volume 71, Number 205)]
[Rules and Regulations]
[Page 62210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc06-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 160
[USCG-2006-26016]
Notice of Arrival; Port or Place of Destination
AGENCY: Coast Guard, DHS.
ACTION: Notice of policy.
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SUMMARY: The Coast Guard is announcing its policy regarding the term
``port or place of destination'' used in our notice of arrival
regulations in 33 CFR Part 160, Subpart C. We are issuing this notice
to provide clarification as to how that term will be used by Coast
Guard personnel enforcing our notice of arrival regulations.
DATES: This notice is effective October 24, 2006.
FOR FURTHER INFORMATION CONTACT: If you have any questions regarding
this document, contact Lieutenant Junior Grade Julie Miller, Office of
Vessel Activities (G-PCV), Coast Guard, by e-mail,
Julie.E.Miller@uscg.mil, or telephone 202-372-1244.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Representatives from the maritime industry have requested
clarification of the definition of ``port or place of destination''
found in 33 CFR 160.204. This term is defined as ``any port or place in
which a vessel is bound to anchor or moor.'' These requests for
clarification arise from two situations.
First, while many vessels arriving at a port or place of
destination when operating solely between ports or places within a
single Captain of the Port (COTP) zone are exempt from submitting a
notice of arrival (NOA), 33 CFR 160.203(b)(2), vessels carrying certain
dangerous cargo (CDC) are not. A vessel carrying CDC must submit a NOA
for any port or place of destination, including movements within a COTP
zone. Because of confusion about the term ``port or place of
destination,'' some vessels carrying CDC submit NOAs every time the
vessel changes berths or piers in the same port in certain COTP zones,
while others only submit NOAs when they depart the current port and
enter another port within the same COTP zone.
Second, in some U.S. ports, after entering the port, transit time
or distance to the berth is lengthy. Ports in Portland, OR, and New
Orleans, LA, are two examples. In such situations the cognizant COTP
may have an interest in when certain vessels arrive at the sea buoy or
pilot station. In other U.S. ports, where transits are short or where
the vessel must transit through another COTP zone to arrive at its
intended berth (for example, transiting Hampton Roads, VA to get to
Baltimore, MD) the COTP uses the vessel's arrival time at the berth or
dock as the basis for enforcing compliance with the NOA regulation
submission requirements.
Policy
In the two situations described above, the Coast Guard will
exercise its discretion in enforcing NOA regulations as follows.
A vessel required to submit a NOA for ports or places of
destination within a single COTP zone (for example, a vessel carrying
CDCs) need only do so if the vessel is actually moving from one port to
another port within that COTP zone. The Coast Guard will not view the
movement from one dock to another dock, one berth to another berth, or
one anchorage to another anchorage within one port as being a transit
from one ``port or place of destination'' to a different ``port or
place of destination.''
A sea buoy or pilot station for a port will not be considered the
arrival point for a vessel bound to anchor or moor in that port unless
either the sea buoy or pilot station is the actual location where the
vessel is bound to anchor or moor. If, based on information about a
particular vessel, a COTP finds it necessary to know when that vessel
reaches a sea buoy or pilot station, under separate authority he or she
may issue an appropriate order specific to that vessel. The order may
direct the vessel operator to advise the COTP when the vessel arrives,
or is estimated to arrive, at the sea buoy or pilot station. It is
anticipated this authority will be exercised only when necessary and
will be specific to a particular vessel.
Dated: October 13, 2006.
F.J. Sturm,
Captain, U.S. Coast Guard, Acting Director of Inspections and
Compliance.
[FR Doc. E6-17822 Filed 10-23-06; 8:45 am]
BILLING CODE 4910-15-P