Page 10: of Maritime Reporter Magazine (July 2002)

Legal Beat a service provider; (3) using a port authority; (4) pur- chasing filing software from a vendor. More infor- mation about the AMS systems is available at the fol- lowing website: (http://www.customs.treas.gov/imp- exp2/auto-sys/ams.htm).

NOA Submission Times*

The table in the far right corner provides informa- tion regarding substantive changes to already submit- ted NOA Forms. In sum, substantive changes must be reported as soon as practicable, but not less than, 12 or 24 hours, (see table) prior to entering the port depending upon the vessel and voyage characteristics.

Fortunately, the Coast Guard has eliminated the need to file a NOD report by requiring estimated date and time departures included in the NOA submission.

Furthermore, Submitters would be allowed to file a single NOA report listing consecutive U.S. destina- tions during the voyage, along with estimated arrival and departure times for each port of call.

Centralization of Submissions

The proposed rule envisions the filing of all NOA reports with the NVMC rather than with individual

USCG Captains of the Port (COTPs) for each respec- tive district called on by the vessel. Foreign-flag ves- sels of 300 gross tons or less operating in the Seventh

Coast Guard District, would submit NOA reports to respective COTPs. Moreover, inbound St. Lawrence

Seaways vessels could fax NOA submissions to the

Saint Lawrence Seaway Development Corporation and the Saint Lawrence Seaway Management Corpo- ration of Canada.

Electronic Submissions

The Coast Guard is considering adopting an auto- mated electronic filing system as a preferred or required means for filing NOA reports. The Coast

Guard is soliciting specific comments on the elec- tronic filing system with six specific questions for consideration: • Enumerate information security concerns regard- ing electronic NOA submissions • Should Coast Guard have authority to forward all/part of NOA information to marine exchanges, port authorities to facilitate information sharing at the port level? • Is a desktop e-mail application powered with capability of creating, managing and automatically submitting NOA useful? • Comment on preferred electronic submission means (e.g.. HTML, SMTP, FTP). • Enumerate information security concerns in event Coast Guard forward NOA to an FTP server or web server in the public domain?

Is an XML data specification for a NOA useful as means of submitting by e-mail or other means?

Exemptions

U.S. non-tank vessels operating solely between

U.S. ports on the Great Lakes would be exempt from the NOA reporting requirements. U.S.-flag tankers coming from a foreign port, vessels complying with the Automated Mutual Assistance Vessel Rescue Sys- tem. (AMVER) and vessels operating on a regularly scheduled route would be required to submit NOA reports. All barges coming from foreign ports would be required to submit a NOA.

Industry Comments

Comments and supporting materials should be sent to the Docket Management Facility c/o (USCG-2001- 11865), U.S. Department of Transportation, room PL- 401, 400 Seventh Street, S.W., Washington, D.C. 20590-0001, on or by August 19, 2002. Comments can also be faxed to (202) 493-2251, or filed elec- tronically through the Docket Management System website at: http://dms.dot.gov.

NOA Submission Times* "Notice Of Departure (NOD)Filing Requirement Is Now

Incorporated in NOA Form

VESSEL TYPE &

VOYAGE TIME

FORMER

NOA

REQ.

NEW NOA REQUIREMENTS

Vessels greater than 300 GT with voyage time of 96 hours or greater 24 hours At least 96 hours before entering each port of destina- tion; changes to NOA must be made as soon as practi- cable, but no later thon 24 hours prior to port entry

Vessels greater than 300 GT with o voy- age time ol less than 96 hours 24 hours Before departing but no less thon 24 hours prior to each port entry; changes to NOA must be made as soon as practicable, but no later than 24 hours prior to port entry

Vessels greater than 300 GT with a voy- age time of less than 24 hours 24 hours

Prior to port departure, but no later thon 12 hours prior to each port entry (for short hauls); changes to

NOA must be made as soon as practicable, but no later than 12 hours prior to port entry; NOD must be ot least 24 hours unless notification was mode within 2 hours of port arrival

All vessels carrying dangerous cargo (except barges) with a voyage time of 96 hours or greater 24 hours At least 96 hours before each port entry; changes to

NOA must be made as soon as practicable, but no later than 24 hours prior to port entry; NOD must be at least 24 hours unless notification was made within 2 hours of port arrival

All vessels carrying dangerous cargo (except barges) with o voyage time of less than 96 hours 24 hours Before departing but no less than 24 hours prior to port entry; changes to NOA must be made as soon as practicable but no later than 24 hours prior to port entry; NOD must be at least 24 hours unless notifica- tion was made within 2 hours of port arrival

All vessels carrying dangerous cargo (except barges) with a voyage time of 24 hours or greater 24 hours Prior to port departure, but no later than 12 hours prior to port entry (for short hauls); changes to NOA must be made as soon as practicable, but no later than 12 hours prior to port entry; NOD must be at least 24 hours unless notification was made within 2 hours of port arrival

All barges carrying certain dangerous cargo 4 hours At least 12 hours before entering each port of destina- tion; changes to NOA must be mode as soon as practi- cable but no later thon 24 hours prior to port entry;

NOD must be at least 4 hours before departing, unless notification was made within 2 hours of port arrival

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