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What if I am unable to meet the 96-hour reporting requirement or the voyage is less than 96 hours?
If your voyage time is 96 hours or more, you must submit an NOA at least 96 hours before entering the U.S. port or place of destination. However, if your voyage time is less than 96 hours, you must submit an NOA before departure, but at least 24 hours before entering the U.S. port or place of destination (§160.212 (3)). The only exception to this requirement is for towing vessels operating solely between ports or places in the continental U.S. Towing vessels in control of a vessel carrying Certain Dangerous Cargo (CDC), and operating solely between ports or places in the continental U.S. must submit an NOA before departure, but at least 12 hours before entering the U.S. port or place of destination (§160.212 (a) (2)). Only passenger vessels employed in the exploration for, or in the removal of oil, gas, or mineral resources on the continental shelf are exempt from the NOA (§160.203(a) and (a)(1)). The COTP, in accordance with §160.214 is the only person who can authorize a waiver from this requirement. If your vessel cannot comply with this subpart, you would need to apply for a waiver with the cognizant COTP.
A vessel is destined for a U.S. port from a Canadian port and the transit time is less than 24 hours. Does the vessel have to comply with the NOA submission time requirement outlined in §160.206?
Yes. However, if your voyage time is less than 96 hours, you must submit an NOA before departure, but at least 24 hours before entering the port or place of destination.
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