21 May 2003
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: May 21, 2003 (Volume 68, Number 98)]
[Notices]
[Page 27784-27785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my03-20]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Distribution of Digital Navigation and Associated Data; NOAA
Electronic Navigational Charts[reg] Released as Nautical
Charts

AGENCY: National Ocean Service, National Oceanic and Atmospheric
Administration, Department of Commerce.

ACTION: Notice.

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SUMMARY: NOAA's National Ocean Service (NOS) is announcing the
distribution of certain digital navigation and related data to the
public on the Internet. In July 2001, NOS began posting its Electronic
Navigational Charts (NOAA ENCs[reg]) on the Internet. Now
NOS is or will be making digital versions of the U.S. Coast
Pilot[reg], Tide and Current Tables, Shoreline Data and
certain other products available on the Internet. These products have
primary application in navigation and in a broad range of Geographic
Information System activities. The electronic distribution of
navigational and related data will supplement other methods of
distribution; paper versions of these products are expected to continue
to be available from existing sources.
    A primary purpose of providing this information and data on the
Internet is to improve marine safety and reduce the risk of accidents,
including injury to people, property, the environment and local
economies. Providing mariners with more timely and accurate information
via the Internet is expected to improve their decision-making
capability in an often rapidly changing marine environment.
    In addition, NOS is announcing its intention to remove the
``provisional'' label for NOAA ENCs[reg] distributed on the
Internet. Once that label is removed, a NOAA ENC[reg] will
constitute a ``nautical chart'' for the purposes of the 1974
International Convention for the Safety of Life at Sea, as previously
announced in Federal Register, Volume 67, Number 111, pages 39695-
39696, published June 10, 2002.

DATES: Comments on this action should be submitted on or before 5 p.m.,
EST, June 20, 2003.

ADDRESSES: Comments in writing should be submitted to Director, Office
of Coast Survey, National Ocean Service, NOAA (N/CS), 1315 East-West
Highway, Silver Spring, MD 20910. Written comments may be FAXed to
(301) 713-4019. Comments by e-mail should be submitted to
ECDIS@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Mike Brown, Electronic Chart Products
Manager, Marine Chart Division, Office of Coast Survey, NOS/NOAA, (301)
713-2724, Extension 153, FAX, (301) 713-4516.

SUPPLEMENTARY INFORMATION: Under 33 U.S.C. 883a et seq. NOS is
responsible for providing nautical charts and related information for
safe navigation and other purposes. In fulfilling this responsibility,
NOS collects and compiles hydrographic, tidal and current, geodetic and
a variety of other data and information. In the past, NOS made this
information available to the public primarily by publishing and
distributing various paper charts and other printed materials. It is
now technologically feasible to disseminate much of this information in
digital format on the Internet and NOS intends to do so when it is
reasonable and feasible to take such action. NOAA consulted with the
U.S. Coast Guard concerning its proposal to make digital navigation
data, including NOAA ENCs[reg], available on the Internet.
The Coast Guard concurred that such action would promote marine safety.
    NOS digital products that are being distributed are expected to be
distributed on the Internet include but are not limited to NOAA
ENCs[reg], the U.S. Coast Pilots[reg], Water Level, Observations, Water
Level Time Series Plots, Predicted Tides and Tidal Currents, Tidal
Predictions Program, Published Bench Mark Sheets with Tidal Datums,
Harmonic Constituents, Coastal Survey Maps/Shoreline Data, CORS--Global
Positioning System Continuously Operating Reference Station data,
Geodetic Control Data Sheets, Tidal and Orthometric Elevations, Gravity
Data, Online User Positioning Service, Geoid data, and various types of
positioning and conversion software such as HTDP, NADCON, LVL DH, and
Surface Gravity Prediction.
    NOS data that might be affected by the above announcement is posted
at the following NOAA Web sites: http://chartmaker.ncd.noaa,gov. http://co-ops.nos.noaa.gov
http://www.ngs.noaa.gov NOS may also release other present or future nautical products or data on the Internet; NOS
other present or future nautical products or data on the Internet; NOS
Web sites.
    One of the primary reasons for making digital navigational and
related data available to the public on the Internet is to promote safe
navigation. In the past, mariners would have to wait until new editions
of nautical charts, the U.S. Coast Pilot[reg] and other publications
were released before they would have access to updated information.
Today's digital technologies and widespread access to the Internet
provide the means to make this information available to the mariner
much sooner, sometimes in near real-time. In addition, often much more
accurate or complete information can be distributed in digital format
that could be provided in a printed document.
    Releasing NOS digital navigation data and information available on
the Internet is expected to encourage commercial mariners, recreational
boaters and others to use the most accurate and complete digital
information available. Digital navigation data that are easily
accessible is in demand; if NOS data were not available or accessible,
people would be expected to utilize less reliable, less accurate or
less complete data with the attendant increased risks.
    Another safety benefit from the release of these data is that it
may encourage the development of new and better navigation products
that utilize the best data available. For example, several navigation
software programs have been developed to utilize products such as NOAA
ENCs[reg].
    A secondary benefit of releasing these data on the Internet is that
it is expected to promote the open and efficient exchange of public,
scientific and technical information. The public generally, not just
mariners, has an interest in these data. Internet access to NOS
navigation and other data will maximize dissemination of this
information to ocean engineers, marine scientists, emergency response
personnel, a mangers and policy makers, including those in state and
local governments, academia and other institutions as well as the
private sector. Such action may promote scientific advances, sound
marine and coastal management, and commercial development of new and
better navigation or other products.
    Such action is designed to be consistent with section 2 of the
Paperwork Reduction Act, 44 U.S.C. 3506(d) and Office of Management and
Budget Circular A-130 regarding information management and
dissemination and is expected to maximize the usefulness of government

[[Page 27785]]

data. Currently NOAA collects, compiles and maintains these data and
little or no expense will be incurred in making these data available to
the public on the Internet.
    Generally, NOAA does not intend to limit access to, or restrict use
of the data it makes available on the Internet. Of course, sensitive
data will be reviewed and if there are homeland security issues,
proprietary concerns, privacy implications or similar issues, such data
may not be placed on the Internet. In addition, in some cases where the
data or use of the data are not completely reliable, where procedures
for updating the data are not fully tested and operational, where the
public may lack familiarity with the use of those data and associated
products, or for other reasons, NOS may release the data on a
provisional basis with a statement that the data are not to be used for
navigational purposes. This was the case with the original release of
NOAA ENCs[reg] in 2001.
    From all indications, mariners and other users are now familiar
with NOAA ENCs[reg]. The response to NOAA ENCs on the Internet has been
overwhelmingly positive, with more than 480,000 individual files
downloaded. NOAA ENCs were designed to comply with International
Hydrographic Organization's S-57 ENC Product Specification and have
been greatly successful with a notable absence of significant errors.
Further, the NOAA ENC[reg] files are now being updated for Notices to
Mariners on a monthly basis and then posted to the NOAA ENC[reg] Web
page, available for downloading. Consequently, NOS will remove the
``provisional'' label for NOAA ENCs[reg] distributed on the Internet in
the near future. Once that label is removed, a NOAA ENC[reg] will
constitute a ``nautical chart'' for the purposes of the 1974
International Convention for the Safety of Life at Sea.
    In the future NOAA intends to monitor the release and use of its
data and may remove, or in some cases, add provisional use labels or
other warnings or restrictions through an announcement on the Web site
associated with the data.
    NOS does not seek to limit access or restrict use of the data it
provides on the Internet for most purpose, but it is concerned about
the use of these data in situations that may compromise marine safety.
Consequently, NOS plans to work with mariners, product developers and
others to establish specific procedures for users who wish to
incorporate NOS data into certain navigation products. Thus, in order
for a value-added navigational product to be certified, the developer
may be required to establish a process to ensure that NOS data are
incorporated into the product without compromise to the data quality or
data lineage.
    NOS intends to issue standards governing the certification process
for derived navigational products. Among the standards under
consideration are: (1) The operation of a quality assurance system that
is in essential compliance with a recognized quality standard, such as
ISO 9000 series or equivalent, and (2) the certification by a U.S.
Coast Guard-approved quality standards organization that results in
products being consistently manufactured to the same specification.
    NOS is publishing this notice consistent with section 8.a(6)(j) of
the Office of Management and Budget Circular A-130.

    Dated: May 14, 2003.
Jamison S. Hawkins,
Acting Assistant Administrator, Ocean Services and Coastal Zone
Management, National Oceanic and Atmospheric Administration.
[FR Doc. 03-12703 Filed 5-20-03; 8:45 am]