[Code of Federal Regulations] [Title 33, Volume 2, Parts 125 to 199] [Revised as of July 1, 1999] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR160]

[Page 545-557] NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED) PART 160--PORTS AND WATERWAYS SAFETY--GENERAL--Table of Contents Subpart D--Year 2000 (Y2K) Preparedness Reporting for Certain Vessels and Marine Facilities

Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46. Subpart D is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715.

Source: By USCG-1998-4819, 64 FR 33412, June 23, 1999, unless otherwise noted.

Effective Date Note: At 64 FR 33412, June 23, 1999, Subpart D is added to part 160, effective July 23, 1999 until Mar. 31, 2000.

Sec. 160.301 What is the purpose of this subpart?

This subpart contains temporary regulations implementing the Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) and related statutes. The information collected as a result of these temporary regulations will help Captains of the Port assess vessel and marine facility preparedness for potential Year 2000-related malfunctions.

Sec. 160.303 When is this subpart effective?

This subpart is effective from July 23, 1999 through March 31, 2000.

Sec. 160.305 To which vessels and facilities does this subpart apply?

This subpart applies to: (a) Vessels owned in the United States and foreign flag vessels operating on waters subject to the jurisdiction of the U.S. between August 1, 1999, and March 31, 2000; (b) Vessels owned in the United States and foreign flag vessels engaged in lightering operations under part 156 of this title on the navigable waters of the United States or in the marine environment; (c) Vessels inspected under Chapter 33 of Title 46 United States Code; and (d) Marine facilities as defined in Sec. 160.309.

Sec. 160.307 Which vessels and facilities are exempt from this subpart?

The following vessels and facilities are exempt from this subpart: (a) Recreational vessels under 46 U.S.C. 4301 et seq.; (b) Public vessels; (c) Uninspected commercial fishing vessels; (d) Uninspected barges; (e) Foreign flag vessels engaged in innocent passage; (f) Uninspected passenger vessels; and (g) Facilities directly operated by the Department of Defense or under the authority of the Department of the Interior.

Sec. 160.309 What definitions apply to this subpart?

As used in this subpart: Agent means any person, partnership, firm, company, or corporation engaged by the owner or charterer of the vessel to act in their behalf in matters concerning the vessel. Facility Representative means the owner, operator, person in charge, or

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employee of a marine facility who is responsible for the facility's Y2K preparedness. Marine facility means any facility designated by the following: (1) 33 CFR 125.07 or 126.01 as a Waterfront Facility; (2) 33 CFR 126.05 as a Designated Waterfront Facility; (3) 33 CFR 127.005 as a Waterfront Facility Handling Liquefied Hazardous Gas (LNG) or Liquefied Natural Gas (LNG); (4) 33 CFR 148.3 as a Deepwater Port; (5) 33 CFR 154.105 as a Facility, Mobile Facility, or Offshore Facility; or (6) 33 CFR 154.1020 as a Marine Transportation-related Facility. Marine Facility Questionnaire means ``IMO Year 2000 Questionnaire 3 (IMO circular letter 2121, Appendix 3) and U.S. Supplement 2'' for marine facilities. Midnight means the last moment or end of a calendar day, i.e., 2400 hours local time on a 24-hour clock. Operating means vessels underway, conducting cargo loading/transfer operations, or carrying passengers, or facilities conducting cargo loading/transfer operations with vessels. Operator means any person including, but not limited to, an owner, a demise or bareboat charterer, or a contractor who conducts, or is responsible for, the operation of a vessel. Port or place of departure means any port or place in which a vessel is anchored or moored. Port or place of destination means any port or place to which a vessel is bound to anchor or moor. Recreational vessel means a vessel being used only for pleasure as defined in 46 U.S.C. 2101(25). Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Vessel owned in the United States means any vessel documented or numbered under the laws of the United States; and, any vessel owned by a citizen of the United States that is not documented or numbered by any nation. Vessel Questionnaire means ``IMO Year 2000 Questionnaire 2 (IMO circular letter 2121, Appendix 2) and U.S. Supplement 1'' for vessels. Vessel Representative means the owner, agent, master, operator, person in charge, or other person responsible for a vessel's or fleet's Y2K preparedness. Year 2000 (Y2K) preparedness means checking for the proper operation of systems that include, but are not limited to, power generation equipment, steering and propulsion, loading and unloading equipment, and alarms into the next century on all potential risk dates; preparing for the Y2K risk dates which may require updating software and hardware and replacing systems, subsystems, or components; and determining that other computer-based systems' data exchanges internal or external to the company's, vessel's, or marine facility's will also correctly function before, into, and during the Year 2000.

Sec. 160.311 What are the Year 2000 (Y2K) peak risk periods?

The Y2K peak risk periods are: (a) Between midnight September 7, 1999, and midnight September 9, 1999; (b) Between midnight December 30, 1999, and midnight January 1, 2000; and (c) Between midnight February 27, 2000, and midnight February 29, 2000.

Sec. 160.313 What are the Year 2000 (Y2K) reporting requirements for vessels owned in the United States?

(a) The vessel representative of a vessel owned in the United States must submit the following information-- (1) If your vessel will operate during any of the peak risk periods identified in Sec. 160.311, you must submit a Vessel Questionnaire, as contained in Appendix A to this subpart, so that it is received by the U.S. Coast Guard no later than August 1, 1999. (2) If your vessel will not operate during any of the peak risk periods identified in Sec. 160.311, but will operate during the period August 1, 1999, through March 31, 2000, you must submit U.S. Supplement 1 (page 3 of the Vessel Questionnaire as contained in Appendix A to this subpart) so that it is received by the U.S. Coast Guard no later than August 1, 1999.

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(b) You must submit the information required by paragraph (a) of this section to the U.S. Coast Guard by one of the following means. (1) By mail to: United States Coast Guard (MOC/Y2K), c/o The Centech Group, 2000 N. 14th Street, Suite 700, Arlington, VA 22201; (2) By fax to: 1-800-825-4357; or (3) Electronically via the Internet at: http://www.ucsg.mil/hq/g-m/ y2k.htm. (c) You may submit one copy of the IMO Year 2000 Questionnaire 2 (page 2 of the Vessel Questionnaire contained in Appendix A to this subpart) on behalf of your entire fleet if the same information provided in the IMO Year 2000 Questionnaire 2 applies to all vessels within the fleet, unless circumstances as described in paragraphs (f) or (g) of this section apply. You must still complete a U.S. Supplement 1 for each vessel operating between August 1, 1999, and March 31, 2000. (d) For vessels described in paragraph (a)(1) of this section, you must notify the U.S. Coast Guard, through the completion of a Vessel Questionnaire contained in Appendix A to this subpart. The information required to complete the questionnaire includes: (1) Name of person completing the questionnaire; (2) Company contact personnel and address, phone number, facsimile number (if available), and electronic mail address (if available); (3) Vessel's name; (4) Vessel's type; (5) Cargo type; (6) Vessel's gross tonnage; (7) Vessel's Flag State; (8) Vessel's IMO or Official Number; (9) Captain of the Port zone(s) the vessel may be operating in from August 1, 1999, through March 31, 2000. (10) Status of Y2K preparedness. (e) For vessels described in paragraph (a)(2) of this section, you must notify the U.S. Coast Guard, through the completion of a U.S. Supplement 1 (page 3 of the Vessel Questionnaire contained in Appendix A to this subpart). The information required to complete the supplement includes: (1) Name of person completing the questionnaire; (2) Company contact personnel and address, phone number, facsimile number (if available), and electronic mail address (if available); (3) Vessel's name; (4) Vessel's type; (5) Cargo type; (6) Vessel's gross tonnage; (7) Vessel's Flag State; (8) Vessel's IMO or Official Number; (9) Captain of the Port zone(s) the vessel may be operating in from August 1, 1999, through March 31, 2000. (f) If the Y2K preparedness or operational plans of your vessel(s) changes after the initial submission of a Vessel Questionnaire or U.S. Supplement 1, you must submit an updated or new Vessel Questionnaire or updated U.S. Supplement 1 by the means described in paragraph (b) of this section. (g) If you submit a new or updated Vessel Questionnaire, as contained in Appendix A to this subpart, during any of the peak risk periods identified in Sec. 160.311, you must submit the information to the Captain of the Port for each port or place of destination the vessel will operate in instead of by one of the means described in paragraph (b) of this section.

Sec. 160.315 What are the Year 2000 (Y2K) reporting requirements for foreign flag vessels?

(a) The vessel representative of a foreign flag vessel must submit the following information-- (1) If your vessel will operate on waters subject to the jurisdiction of the U.S. during any of the peak risk periods identified Sec. 160.311, you must submit a Vessel Questionnaire, as contained in Appendix A to this subpart, so that it is received by the U.S. Coast Guard no later than 24 hours prior to arrival in a U.S. port or U.S. place of destination. (2) If your vessel will not operate on waters subject to the jurisdiction of the U.S. during any of the peak risk periods identified in Sec. 160.311, but will operate on waters subject to the jurisdiction of the U.S. during the period August 1, 1999, through March 31, 2000, you must submit U.S. Supplement 1 (page 3 of the Vessel Questionnaire as contained in Appendix A to this subpart) so that it is received by the U.S. Coast Guard no later than 24 hours prior to

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arrival in a U.S. port or U.S. place of destination. (b) You must submit the information required by paragraph (a) of this section to the U.S. Coast Guard by one of the following means: (1) By mail to: United States Coast Guard (MOC/Y2K), c/o The Centech Group 2000 N. 14th Street, Suite 700, Arlington, VA 22201; (2) By fax to: 1-800-825-4357; or (3) Electronically via the Internet at: http://www.ucsg.mil/hq/g-m/ y2k.htm. (c) You may submit one copy of the IMO Year 2000 Questionnaire 2 (page 2 of the Vessel Questionnaire contained in Appendix A to this subpart) on behalf of your entire fleet if the same information provided in the IMO Year 2000 Questionnaire 2 applies to all vessels within the fleet, unless circumstances as described in paragraphs (f) or (g) of this section apply. You must still complete a U.S. Supplement 1 for each vessel operating on waters subject to the jurisdiction of the U.S. between August 1, 1999, and March 31, 2000. (d) For vessels described in paragraph (a)(1) of this section, you must notify the U.S. Coast Guard, through the completion of a Vessel Questionnaire contained in Appendix A to this subpart. The information required to complete the questionnaire includes: (1) Name of person completing the questionnaire; (2) Company contact personnel and address, phone number, facsimile number (if available), and electronic mail address (if available); (3) Vessel's name; (4) Vessel's type; (5) Cargo type; (6) Vessel's gross tonnage; (7) Vessel's Flag State; (8) Vessel's IMO or Official Number; (9) Captain of the Port zone(s) the vessel may be operating in from August 1, 1999, through March 31, 2000. (10) Status of Y2K preparedness. (e) For vessels described in paragraph (a)(2) of this section, you must notify the U.S. Coast Guard, through the completion of a U.S. Supplement 1 (page 3 of the Vessel Questionnaire contained in Appendix A to this subpart). The information required to complete the supplement includes: (1) Name of person completing the questionnaire; (2) Company contact personnel and address, phone number, facsimile number (if available), and electronic mail address (if available); (3) Vessel's name; (4) Vessel's type; (5) Cargo type; (6) Vessel's gross tonnage; (7) Vessel's Flag State; (8) Vessel's IMO or Official Number; (9) Captain of the Port zone(s) the vessel may be operating in from August 1, 1999, through March 31, 2000. (f) If the Y2K preparedness or operational plans of your vessel(s) changes after the initial submission of a Vessel Questionnaire or U.S. Supplement 1, you must submit an updated or new Vessel Questionnaire or updated U.S. Supplement 1 by the means described in paragraph (b) of this section. (g) If you submit a new or updated Vessel Questionnaire, as contained in Appendix A to this subpart, during any of the peak risk periods identified in Sec. 160.311, you must submit the information to the Captain of the Port for each port or place of destination the vessel will operate in instead of by one of the means described in paragraph (b) of this section.

Sec. 160.317 What are the Year 2000 (Y2K) reporting requirements for marine facilities?

(a) The facility representative of a marine facility must submit the following information-- (1) If your marine facility will operate during any of the peak risk periods identified Sec. 160.311, you must submit a Marine Facility Questionnaire, as contained in Appendix B to this subpart, so that it is received by the U.S. Coast Guard no later than August 1, 1999. (2) If your marine facility will not operate during any of the peak risk periods identified in Sec. 160.311, but will operate during the period August 1, 1999, through March 31, 2000, you must submit U.S. Supplement 2 (page 3 of the Marine Facility Questionnaire as contained in Appendix B to this subpart) so that it is received by the U.S. Coast Guard no later than August 1, 1999.

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(b) You must submit the information required by paragraph (a) of this section to the U.S. Coast Guard by one of the following means: (1) By mail to: United States Coast Guard (MOC/Y2K), c/o The Centech Group, 2000 N. 14th Street, Suite 700, Arlington, VA 22201; (2) By fax to: 1-800-825-4357; or (3) Electronically via the Internet at: http://www.ucsg.mil/hq/g-m/ y2k.htm. (c) For marine facilities described in paragraph (a)(1) of this section, you must notify the U.S. Coast Guard, through the completion of a Marine Facility Questionnaire contained in Appendix B to this subpart. The information required to complete the questionnaire includes: (1) Captain of the Port zone the facility is located in; (2) Name of facility; (3) Type(s) of facility; (4) Name of company; (5) Name and title of person providing Y2K preparedness information; (6) Company contact personnel and address, phone number, facsimile number (if available), and electronic mail address (if available); and (7) Status of Y2K preparedness. (d) For marine facilities described in paragraph (a)(2) of this section, you must notify the U.S. Coast Guard, through the completion of a U.S. Supplement 2 (page 3 of the Marine Facility Questionnaire contained in Appendix B to this subpart). The information required to complete the supplement includes: (1) Captain of the Port zone the facility is located in; (2) Name of facility; (3) Type(s) of facility; (4) Name of company; (5) Name and title of person providing Y2K preparedness information; and (6) Company contact personnel and address, phone number, facsimile number (if available), and electronic mail address (if available). (f) If the Y2K preparedness or operational plans of your marine facility changes after the initial submission of a Marine Facility Questionnaire or U.S. Supplement 2, you must submit an updated or new Marine Facility Questionnaire or updated U.S. Supplement 2 by the means described in paragraph (b) of this section. (g) If you submit a new or updated Marine Facility Questionnaire, as contained in Appendix B to this subpart, during any of the peak risk periods identified in Sec. 160.311, you must submit the information to the Captain of the Port for the place the facility operates in instead of by one of the means described in paragraph (b) of this section.

Appendix A to Subpart D of Part 160--United States Coast Guard Vessel Questionnaire

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Appendix B to Subpart D of Part 160--United States Coast Guard Marine Facility Questionnaire [GRAPHIC] [TIFF OMITTED] TR23JN99.074

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-- stillwatching@fed.gov (tomd239680@aol.com), December 06, 1999

Answers

Sorry, forgot the liink!

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi

-- stillwatching@fed.gov (tomd239680@aol.com), December 06, 1999.

stillwatching,

Thank you for these posts. Keep it up please.

-- maid upname (noid@ihope.com), December 06, 1999.