Federal Register, Volume 59 Issue 135 (Friday, July 15, 1994)

[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17138]

[[Page Unknown]]

[Federal Register: July 15, 1994]

_______________________________________________________________________

Part V

Department of Transportation

_______________________________________________________________________

Coast Guard

_______________________________________________________________________

33 CFR Part 1, et al.

National Vessel Traffic Services Regulations; Final Rule
DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 26, 160, 161, 162, 164, and 165

[CGD 90-020]
RIN 2115-AD56

National Vessel Traffic Services Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its Vessel Traffic Services (VTS)
regulations to make participation in all VTSs mandatory. This rule also
simplifies existing VTS regulations by amending Part 161 to incorporate
standard national vessel traffic management rules applicable to all
VTSs, vessel movement reporting requirements for certain vessels
operating in the VTS areas, and geographic descriptions and local
regulations pertaining to specific VTS areas. Additionally, the rule
redesignates other regulations, not unique to VTS operations, into more
appropriate parts within Title 33. This rulemaking does not
significantly change Coast Guard VTS procedures or requirements. This
final rule is intended to promote safe vessel movement by reducing the
potential for collisions, rammings, and groundings and their attendant
loss of lives, property and environmental harm.

EFFECTIVE DATE: This rule is effective on October 13, 1994.

ADDRESSES: Unless otherwise indicated, documents referenced in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., room 3406, Washington, DC
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Ms. Irene Hoffman, Project Manager,
Vessel Traffic Services Division (G-NVT), at (202) 267-6277.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Ms.
Irene Hoffman, Project Manager, and Mr. Nicholas Grasselli, Project
Counsel, Office of Chief Counsel.

Regulatory History

On August 1, 1991, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``National Vessel Traffic Services
Regulations'' in the Federal Register (56 FR 36910). The Coast Guard
received 29 letters commenting on the proposal. A public hearing was
not requested and one was not held.

Background and Purpose

Under the Ports and Waterways Safety Act of 1972, as amended by the
Port and Tanker Safety Act (PTSA) and the Oil Pollution Act (OPA 90),
the Secretary of Transportation may construct, operate, maintain,
improve or expand VTSs in any port or place under the jurisdiction of
the United States, including the navigable waters of the United States,
or in any area covered by an international agreement negotiated
pursuant to 33 U.S.C. 1230. The Act requires certain designated vessels
which operate in a VTS area to utilize and comply with the VTS.
Based on the comments received to the NPRM, the Coast Guard decided
to simplify the VTS regulations in Part 161 by reorganizing them. As a
result: (1) The National VTS Regulations (General Rules) are now
contained in Subpart A; and (2) Vessel Movement Reporting System (VMRS)
regulations are in Subpart B; (3) geographic descriptions and local
regulations pertaining to VTS Areas, VTS Special Areas, the Cooperative
Vessel Traffic Service (CVTS) Area, and Reporting Points are contained
in Subpart C.
This final rule also redesignates certain VTS regulations currently
in Part 161 into other parts of Subchapter P (Parts 26, 160, 162, 164,
and 165). Certain operating requirements applicable to all vessels
regardless of VTS participation that had been in Part 161, are now
located in Part 165 of this chapter. Specifically, these amendments
include operating requirements which are now redesignated as regulated
navigation areas. Additionally, this rule amends certain vessel
operating requirements to more clearly reflect actual operating
procedures.

Discussion of Comments and Changes

Twenty-nine respondents to the NPRM provided over 150 separate
comments on various aspects of the proposed regulations. Some issues
were raised repeatedly. This section discusses the comments received as
well as the Coast Guard's responses and changes to the rule. This
discussion on the comments and changes is divided into five sections.
These sections include: (1) Broad VTS Issues; (2) Subpart A; (3)
Subpart B; (4) Subpart C; and (5) Miscellaneous Rules.

(1) Broad VTS Issues

Some comments addressed general concerns that are noteworthy and
relevant to VTS issues. These comments are discussed in the following
sections.

A. Participation Requirements

Some comments expressed disapproval with making participation
mandatory for certain vessels in existing voluntary systems, whereas
other comments were in favor of mandatory participation and lauded the
Coast Guard's efforts to standardize this practice.
This final rule changes the participation requirements in three
``voluntary'' VTS systems, and will affect future VTSs. It does not
significantly change the existing standard operating procedures.
Marine accidents in recent years have underscored, often
dramatically, the need for continuously improving navigation safety on
our nation's waterways. They have heightened public awareness of the
serious effects of collisions, rammings, and groundings. This
heightened awareness and the importance of VTS participation was
reaffirmed by Congress when it mandated such participation, in section
4107 of OPA 90, 33 U.S.C. 1223(a)(2). Additionally, documented
incidents support the conclusion that mishaps have been avoided as a
result of VTS participation.

B. Vessel Control

The issue of vessel control attracted the greatest number of
comments. Comments expressed concern that the Coast Guard would exert
direct control over vessel movements within a VTS area.
This final rule does not change the Coast Guard's authority or
policy on vessel traffic management. Essentially, the objective of
vessel traffic management is to minimize the risk of marine casualties
(i.e., collisions, rammings, and groundings), and to facilitate
commerce to the greatest extent practicable. The underlying authority
for this is contained in the Ports and Waterways Safety Act of 1972
(PWSA), as amended. Title 33 U.S.C. 1223 of the PWSA allows for varying
levels of vessel traffic management and control, depending upon the
hazards present. The level of control to be exercised, including VTS
measures and directions, is typically determined on a case-by-case
basis and is directed at a specific vessel or vessels in a specific
situation.
The primary function of a VTS is to instill good order and
predictability on a waterway. This is accomplished by coordinating
vessel movements through the collection, verification, organization,
and dissemination of information. When performing these functions, the
VTS is not exerting vessel control or relieving the master of his or
her responsibility to control vessel movement.
Furthermore, the master's responsibility is emphasized by specific
language that is being added to Sec. 161.12 (Vessel Operating
Requirements) in this final rule. In effect, this section states that,
subject to the exigencies of safe navigation, a VTS User shall comply
with all measures established or directions issued by a VTS. If, due to
the particular circumstances of a case, a measure or direction is
issued by the VTS and a VTS User deems that it is unable to comply, the
VTS User may deviate only to the extent necessary to avoid endangering
persons, property or the environment. The deviation shall be reported
to the VTS as soon as is practicable.
This final rule includes two delegation of authority provisions
contained in Sec. 1.01-30 (Captains of the Port) and Sec. 160.5
(Delegations). These provisions define the relationship between the VTS
and the Captain of the Port, and also assure that, when necessary, a
VTS has the legal authority to establish VTS measures and vessel
operating requirements to enhance vessel traffic management.
These provisions together with Sec. 161.3 (Applicability),
Sec. 161.5 (Deviations from the Rules), Sec. 161.10 (Services),
Sec. 161.11 (VTS Measures), and Sec. 161.12 (Vessel Operating
Requirements), balance the respective roles of the VTS and the vessel,
owner, operator, charterer, master, or person directing the movement of
the vessel.
The broad information sources of a VTS, coupled with the authority
to represent the Captain of the Port and institute VTS measures, issue
directions and implement vessel operating procedures will markedly
enhance vessel traffic safety. With the collaboration of the marine
community as contemplated by this final rule, the VTS's information
resources will enhance the more limited, but more immediate information
base of the master, pilot, or person directing the movement of the
vessel. The determining factor is safe navigation, the ultimate
responsibility for which always remains with the master.

C. VTS Ports and Waterways Criteria

Some comments questioned why VTSs are not being established in
other specific waterways. This issue must be addressed in both an
operational and an economic context. Vessel Traffic Services provide
the most active form of vessel traffic management on the waterways.
However, the cost and benefit of such services need to be weighed to
determine if a VTS is the most effective management system or if other
measures are more appropriate for a particular waterway.
Section 4107 of the Oil Pollution Act of 1990 mandated a study to
determine and prioritize those ports in need of new, expanded or
improved VTS systems based on certain risk factors. This study was
completed in August 1991 and is known as the ``Port Needs Study''
(PNS). The PNS is in the docket and is available for review or copying
where indicated under ``ADDRESSES.'' The three-volume report and 20-
page study overview are also available through the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA
22161, Tel: 1-800-533-6847. Reference: PB 92107 689 and PB 92107 697,
respectively.
The PNS provides a cost-benefit analysis wherein the costs of
establishing and operating a VTS in a port or waterway are compared to
the potential benefits of avoided vessel casualties and the
consequences of those casualties. It provides an economic framework
necessary to evaluate the need for new or expanded VTSs in the U.S.
Various ports reviewed in the study are currently under consideration
for VTSs. The Coast Guard intends to establish VTSs and, in a separate
rulemaking, make them mandatory in those ports which show a clear
benefit from the presence of a VTS.

D. Training and Qualifications of VTS Watchstanders

Various comments expressed concern about the level of experience
and expertise of VTS watchstanders. Some comments felt that broad
seagoing experience was necessary to become a successful watchstander.
The Coast Guard recognizes that special and thorough training is
required to qualify as a Vessel Traffic Center (VTC) watchstander or
watch supervisor. Although broad seagoing experience is important, it
is not necessarily the only indicator or predictor of VTC watchstander
performance. Besides good seamanship skills, numerous other factors,
such as communications skills, geographic familiarity, and regulatory
knowledge make for a competent watchstander. Coast Guard training and
qualifications requirements for VTS watchstanders are aimed at ensuring
that all of these elements are present.
The Coast Guard ensures that each trainee receives and successfully
completes a thorough training and qualification program prior to
assuming duties as a watchstander. This training program includes
numerous ship rides to familiarize trainees with the VTS area and with
local seamanship practices.

(2) General Rules; Subpart A

A. Purpose

Various comments expressed reservations about the responsibility of
a VTS as opposed to the responsibility of a vessel. Section 161.1
clarifies the intent of the VTS rules and delineates the
responsibilities of the VTS and those of the vessel, owner, operator,
charterer, master, or person directing the movement of the vessel.
Additionally, Sec. 161.1 (Vessel Traffic Services--General Rules),
is being broadened to better describe the scope and purpose of the
general VTS regulations.

B. Applicability

As a result of comments in general, Section 161.3 (Applicability)
is being redefined and rewritten. Under this section, VTS measures and
vessel operating procedures established in Subpart A could apply to any
vessel in a VTS area as the VTS considers necessary for safe
navigation.
However, a VTS measure would usually be temporary in nature, or
would be specific to a particular vessel during a transit or part of a
transit.
In the NPRM, the class of vessels to which VTS regulations would
apply mirrored the radio carriage requirements of the Vessel Bridge-to-
Bridge Radiotelephone Act of 1971 (the Act). In this final rule, the
Coast Guard has established particular requirements, mainly reporting
and communication provisions contained in the Vessel Movement Reporting
Service (VMRS) section (Subpart B), that are applicable to certain
vessels classified as VMRS Users. Additionally, certain vessels
classified as VTS Users must comply with VHF-FM monitoring
requirements. These requirements reflect a recent amendment to the Act.

C. Definitions

Several comments identified terms in the NPRM that either
duplicated or were inconsistent with terms and definitions used in
other parts of Title 33 of the Code of Federal Regulations (CFR). As a
result, some terms used in the NPRM have been either removed,
clarified, or redesignated in Part 160 to ensure that defined terms
convey the same meaning throughout Subchapter P (Parts 160-167).
A new term, ``VMRS User'', has been introduced and is defined as a
vessel, or an owner, operator, charterer, master, or person directing
the movement of a vessel, that is required to participate in a VMRS
within a VTS area. The term ``VTS User'' has also been added and is
defined as a vessel, or an owner, operator, charterer, master, or
person directing the movement of a vessel, that is: (a) subject to the
Vessel Bridge-to-Bridge Radiotelephone Act; or (b) required to
participate in a VMRS within a VTS area (VMRS User). Additionally, the
term ``Commanding Officer, Vessel Traffic Service'' has been added and
defined.

D. Vessel Operation and VTS Directions

The Coast Guard received various comments which expressed
reservations about the VTS's ability to direct vessel movement.
Concerns were expressed about who would issue these directions and
under what circumstances. The final rule delineates VTS authority which
is derived from the Captain of the Port, as authorized by the Ports and
Waterways Safety Act of 1972, as amended. Section 161.10 (Services) in
conjunction with Sec. 161.11 (VTS Measures) has been drafted to better
define and address these concerns.

E. Authorization to Deviate From the Rules

The Coast Guard received comments concerning VTS rules and VTS
directions and the procedures which must be followed to deviate from
them. Section 161.5 is being amended to clarify procedures for
obtaining authorization to deviate from these rules for a transit or
for an extended period of time. It maintains the existing mechanism for
obtaining advance approval to deviate from VTS measures or directions,
however, the deviation requests for a transit or part of a transit need
not be requested in writing. Additionally, Sec. 161.21(b) (Sailing Plan
Deviation Report) requires a vessel to report a deviation from any VTS
issued measure.
Section 161.1(b) delineates the responsibility of the owner,
operator, charterer, master or person directing the movement of the
vessel. It states that compliance with these VTS rules or with a
direction of the VTS is at all times contingent upon the exigencies of
safe navigation.

F. Traffic Separation Scheme (TSS) Rules (International and Inland Rule
10)

The Coast Guard received two comments concerning TSS applicability
and operating procedures. One comment was concerned with the joint use
of TSSs by slower traffic, which can transit outside the TSS, and deep
draft vessels which can only safely navigate within the TSSs.
Since the NPRM was published, the International Maritime
Organization (IMO) has adopted two Coast Guard recommended Traffic
Separation Schemes (TSS), located in COLREGS waters within Puget Sound
and Prince William Sound VTS areas. COLREGS waters are those waters
outside of established lines of demarcation upon which mariners shall
comply with the International Regulations for the Prevention of
Collisions at Sea, 1972 (72 COLREGS) 33 U.S.C. foll. 1602. Rules
concerning the conduct of vessels operating within or near a TSS
located in COLREGS waters, have been established and are
internationally recognized under Rule 10 of COLREGS. As a result of the
IMO adoption of these two TSSs and COLREGS Rule 10 applicability, VTS
TSS operating rules are unnecessary. Therefore, the TSS descriptions,
rules concerning the purpose of a TSS, and rules for vessel operation
in the TSS which were proposed in the NPRM have been removed.
In addition, Rule 10 of the Inland Navigation Rules, applicable in
Inland waters, was amended on October 5, 1992, by the Oceans Act of
1992, section 5206 of Public Law 102-587. These amendments changed
Inland Rule 10 so as to mirror International Rule 10 of the 72 COLREGS
with respect to the requirements imposed upon vessels using a traffic
separation scheme. The San Francisco Bay Region vessel traffic routing
measures located in inland waters (i.e., traffic lanes, separation
zones, precautionary areas, standard route deviations, narrow channels
and fairways), which were proposed in the NPRM, would conflict with the
subsequently amended Inland Navigational Rule 10 and have therefore
been omitted.
The Coast Guard recently modified the charted voluntary traffic
routing measures in the San Francisco Bay Region to better conform to
International Maritime Organization traffic routing standards. This
action has effectively eliminated the need for the standard route
deviations discussed in the NPRM. Additionally, due to the geographic
constraints of San Francisco Bay, Inland Rule 10 would be unusually
restrictive for recreational and harbor tour boats. Therefore, to
accommodate these restrictions for the San Francisco Bay Region routing
measures, a regulated navigation area will be developed under a
separate rulemaking.

G. Communications Rules

There were numerous comments concerning the communications rules
delineated in the NPRM.
The timely exchange of information is critical to the success of
any VTS, since the quality of service that a VTS provides is only as
good as the information it receives. The mutual flow of communications
provides necessary information with which to make sound and safe
navigation decisions. On November 18, 1991, (56 FR 58292) as mandated
by Section 4118 of the Oil Pollution Act of 1990 (OPA 90), the Coast
Guard amended regulations in 33 CFR Part 26 (Vessel Bridge-to-Bridge
Radiotelephone Regulations) to ensure vessels subject to the Vessel
Bridge-to-Bridge Radiotelephone Act of 1971 (the Act) are capable of
engaging in radio communications with the Coast Guard. This rulemaking
incorporates the ``Communications Rules,'' as proposed, into this part.
By revising and redesignating portions of the VTS Communication
Rules into Part 26 of this chapter, the importance of VTS
communications has not been diminished nor have VTS communications
procedures been eliminated. The provisions governing the use of the
radiotelephone for VTS are consistent with the provisions governing
communications among vessels currently set forth in Part 26 of this
chapter and Title 47 CFR (Federal Communications Commission).
By merging radiotelephone and VTS communication requirements into
the same part of Title 33 of the CFR, needless duplication is avoided.
However, Table 26.03(f), which contains VTS call signs, designated
frequencies, monitoring areas and their operating procedures is also
listed in Table 161.12(b) contained in Part 161, for ease of use.
The final rule requires VTS Users to maintain a listening watch
(consistent with requirements set forth in 33 CFR 26.05(a)) on the VTS
designated frequency while within a VTS area, regardless of the
requirement to comply with VMRS reporting and communication provisions.
This requirement ensures these vessels, namely power-driven vessels
between 20 and 40 meters in length, dredges and floating plants will be
cognizant of navigational and safety information provided by a VTS.
Nine comments expressed concern about the additional monitoring
required for VTS Users and the inability to monitor two frequencies
simultaneously. The VTS Regulations will not require any additional
monitoring requirements. Presently, the Vessel Bridge-to-Bridge
Radiotelephone and Federal Communications Commission (FCC) regulations
contain the requirement that vessels subject to the Act must monitor
two frequencies (i.e., the designated bridge-to-bridge frequency and
the International Distress and Calling Channel; Channel 16). However,
as stated in 47 CFR 80.148(b), a VHF watch on Channel 16 is not
required on vessels subject to the Act and participating in a VTS
system when the watch is maintained on both the bridge-to-bridge
frequency and a separately assigned VTS frequency. As such, these
regulations do not require any additional monitoring requirements.
One comment proposed that the VTS hail vessels on the designated
Vessel Bridge-to-Bridge frequency (Channel 13) then shift to the VTS
frequency, while another comment recommended that Channel 13 not be
used at all by the VTS. The latter approach is more reasonable, since a
dedicated VTS frequency ensures that Channel 13 is always monitored and
remains available for bridge-to-bridge communications. However, when
necessary, VTS may use Channel 13 as an alternate channel.
Additionally, the Coast Guard recognizes that there are two exceptions
to the dedicated VTS frequency rule: Prince William Sound, AK and
Louisville, KY. In these areas, Channel 13 is used as the VTS frequency
because the level of radiotelephone transmissions does not warrant a
designated VTS frequency.
Concerns were also raised relative to the requirement that clear
and unbroken English be spoken between the vessel and the VTS. The
intent in proposing this language was to highlight the problems that a
VTS encounters when communications are hampered by language
difficulties. One comment stated that, while the English language is
the international standard for navigation communication, attempting to
define how that standard should be applied does not necessarily address
the problem.
The Coast Guard agrees that communication is paramount in
navigation safety. Communication denotes the exchange of information so
that it is properly received and understood. Whether information has
been properly received or understood is a subjective question for the
individuals involved.
Therefore, the VTS frequency monitoring and reporting requirements
(Sec. 161.12 and Sec. 161.18) and the language requirements for
individuals who are maintaining the listening watch (33 CFR 26.07), is
being amended and clarified to require the VTS User, VMRS User, or the
person maintaining the listening watch to be able to ``communicate'' in
the English language, rather than ``speak'' in a clear, unbroken
fashion.

(3) Vessel Movement Reporting System (VMRS); Subpart B

The format of this section is being revised from the NPRM and is
now redesignated as Subpart B. The following sections address comments
which were received and discuss changes that the Coast Guard determined
were necessary to clarify and streamline reporting and communication
requirements.

A. VMRS Users

Two comments suggested expanding the NPRM communications and
reporting requirements to include vessels carrying six or more
passengers for hire that are under 100 gross tons (T-boats), and all
commercial vessels (e.g., fishing vessels). The Coast Guard agrees that
vessels carrying passengers for hire require special consideration, and
has broadened the proposed communications and reporting requirements to
include all vessels certificated to carry 50 or more passengers, when
engaged in trade.
However, the Coast Guard decided not to extend the reporting
requirements now contained in the VMRS section (Subpart B) to all
commercial vessels, including vessels carrying 1-49 passengers for
hire. This was done primarily in an attempt to achieve an operational
balance between being able to provide an effective VTS service, given
equipment and resource constraints, and being overburdened with
participants potentially undermining the overall efficiency of the VTS.
The class of vessels required to report under VMRS (i.e., VMRS
Users) now extends to: (a) Power-driven vessels 40 meters or more in
length, while navigating; (b) towing vessels 8 meters or more in
length, while navigating; and (c) vessels certificated to carry 50 or
more passengers for hire, when engaged in trade.
The class of towing vessels noted in the VMRS Users definition is
synonymous with the Vessel Bridge-to-Bridge Radiotelephone Act
requirements under 33 CFR 26.03(a)(3) (i.e., every towing vessel of
over 26 feet in length, while navigating). In addition, the definition
of ``towing vessel'' in part 161 is limited to a commercial vessel
actually engaged in towing another vessel astern, alongside, or by
pushing ahead (33 CFR 26.02).
This change recognizes that monitoring the movement of, or
obtaining information from, every vessel could pose a burden on
mariners as well as on the VTS, and that this burden could jeopardize
rather than enhance navigation safety.

B. Reporting Requirements

Various comments were concerned that some reporting requirements
were unnecessary in certain operating areas. The Coast Guard agrees,
but recognizes the vessel information considered necessary in each VTS
area may vary. This rule establishes the minimum information required
for effective vessel traffic management regardless of the area.
The VMRS is being consolidated into four reports (sailing plan,
position, sailing plan deviation and final). The reports use common
terminology and procedures.
Under VMRS, additional reporting information may be required, if
considered necessary by the VTS. This additional information is
consistent with the International Maritime Organization's (IMO) General
Principles for Ship Reporting Systems (Resolution A.648(16)), the
format of which has been included in this regulation in Table
161.18(a).
Some comments expressed concern that they would not have access to
some of the information considered necessary by the VTS. The Coast
Guard recognizes this concern. Nonetheless, it is the responsibility of
the master or person in charge of the vessel to ensure any information
considered necessary by the VTS is provided as required.
Some comments correctly noted that other reporting or notification
requirements exist which duplicate information required to be provided
to the VTS under its reporting provisions. The VTS's major role is to
provide a service to waterborne traffic. As part of this service, the
VTS should be the primary source of vessel traffic information, and
correspondingly, the primary recipient of vessel movement reporting
information required under Coast Guard reporting requirements.
Therefore, in most cases or unless directed by the VTC, a VTS User will
not be required to duplicate a report in Title 33, Chapter I, to
another Coast Guard entity. However, there will not be a reporting
exemption for written reports or other requirements set forth in
Federal law or regulation.

C. Advance Reporting

There were no comments received on Advance Reporting. However, the
Coast Guard has determined that it may be necessary, prior to entry
into a VTS area, to require certain vessels to provide advance
notification in order to facilitate vessel traffic management. This
notification requirement, with some exemptions, has always existed for
vessels over 1,600 gross tons bound for or departing from a port or
place of the United States (Subpart C of Part 160).
Additionally, although VTS jurisdiction is limited to the navigable
waters of the United States, in some VTS areas certain vessels will be
encouraged or required, as a condition of port entry, to contact the
VTS beyond the navigable waters in order to facilitate advance vessel
traffic management and to enhance their transit through the area.
Accordingly, this final rule clarifies this desire or need to receive
such report(s).

D. Reporting Exemptions

One comment disagreed with exempting ferries from certain VTS
reporting requirements. Various VTSs have devised unique reporting
requirements for ferries in their operating areas. In some cases, this
type of reporting is being expanded to include not only ferries but
other vessels with repetitive operations in the area or which are
escorting another vessel or assisting another vessel in maneuvering
procedures. The operating pattern of these vessels in VTS areas is well
known to each VTS.
Because the requirement for continuous position reporting by these
vessels is superfluous, they have been granted certain reporting
exemptions (Position and Final Reports). This abbreviated form of
reporting does not preclude other VTS Users from obtaining information
pertaining to the specific operating schedules of these vessels from
the VTS, if desired.
In addition, in those VTS areas capable of receiving automated
position reports via Automated Dependent Shipborne Surveillance
Equipment (ADSSE), and where ADSSE is required, vessels equipped with
an operating ADSSE will not be required to make voice radio position
reports (Sec. 161.20(b)) at designated reporting points
(Sec. 161.23(c)), unless directed by the VTC to do so.

(4) VTS Areas, the CVTS Area, VTS Special Areas and Reporting Points;
Subpart C

The format of this subpart is being changed from the NPRM and the
existing rules. Subpart C now delineates each VTS Area, the CVTS Area
and Reporting Points. Additionally, VTS Special Areas have been defined
and identify unique areas located within VTS areas.

A. Cooperative Vessel Traffic Management System for the Juan de Fuca
Region

The Coast Guard received no comments on this section. The
operations of the Cooperative Vessel Traffic Management System (CVTMS)
for the Juan de Fuca Region and the VTS Puget Sound have been
interwoven to the extent that the operations and administration of both
entities is, by and large, unnoticeable to the VTS User. In these
revised regulations, the CVTMS and VTS Puget Sound regulations have
been unified and are contained in Subparts A and B, and the VTS Puget
Sound and CVTMS areas of responsibility are defined in Subpart C.
The CVTMS was renamed Cooperative Vessel Traffic Services (CVTS)
which is divided into three sectors, managed by vessel traffic centers
in Seattle, WA; Vancouver, BC, Canada; and Tofino, BC, Canada.
Additionally, the area of surveillance was extended to the high seas to
take advantage of the capability of one of the CVTS centers. However,
the area of VTS jurisdiction is limited to the navigable waters of each
country.
Future cooperative agreements, similar to the CVTS, are envisioned
between the United States and Canada. For that reason, the concept of a
cooperative vessel traffic service is being defined in Sec. 161.2.

B. VTS Special Areas

In these newly defined areas, VTS Special Area Operating
Requirements are imposed in addition to the general Vessel Operating
Requirements. These requirements are delineated in Sec. 161.13.
The Coast Guard recognizes that an operational balance between
safety and efficiency may be difficult to achieve in certain waterways,
enclosed systems in particular (i.e., rivers, channels, etc.), which
impose a unique set of circumstances (e.g., bridge openings, restricted
channels, etc.) on vessels. VTS Special Areas have been created to
address these unique operating areas. In these areas, applicability may
be expanded to include other vessels outside of those defined as VMRS
Users.

C. Mississippi River Regulated Navigation Area

One comment suggested that portions of this part of the regulation
seemed to regulate access and would be better suited for Part 165 of
this chapter. The rules concerning the Mississippi River below Baton
Rouge, LA, including South and Southwest Passes, which were once
administered by VTS New Orleans (since disestablished) are now under
the authority of the Commander, Eighth Coast Guard District. Because
these local rules regulate access to a defined area and do not involve
interaction with a VTS, they have been appropriately redesignated into
Part 165 of this chapter as a regulated navigation area.

D. Reporting Points

Various comments expressed concern or noted errors to some of the
established reporting points. Permanent (applicable at all times and to
all VMRS Users) reporting points have been corrected and designated in
Subpart C.
Additionally, as stated in Sec. 161.11 (VTS Measures), a VTS may
establish temporary reporting points, applicable to certain vessels at
certain times. Notice of these temporary reporting points, if
established, may be published in the Local Notice to Mariners, general
broadcast and/or VTS User's Manual.

(5) Miscellaneous Rules

A. Automated Dependent Surveillance (ADS) System

Under a separate rulemaking, on July 17, 1992, the Coast Guard
enacted an additional navigation equipment carriage requirement in
Prince William Sound for Automated Dependent Surveillance Shipborne
Equipment (ADSSE) (Sec. 161.376).
The compliance date for this equipment is July 1, 1994. Although
this rule, as currently enacted, only applies to the Prince William
Sound VTS area, the Coast Guard foresees that this may become a
widespread equipment carriage requirement. Therefore, the Coast Guard
has decided to divide the rule into two sections: (a) a navigation
equipment rule (Sec. 164.43); and (b) a vessel operating rule for
Prince William Sound (Sec. 165.1704). VTS Reporting Exemptions for
vessels equipped with an operating ADSSE are set forth in
Sec. 161.23(c).
The navigational equipment rule in Sec. 164.43 is appropriately
redesignated since ADSSE is an additional electronic navigational
equipment requirement similar to equipment already required in 33 CFR
Part 164 (e.g., automatic radar plotting aids (ARPA), electronic
position fixing devices, etc.). In addition, since ADSSE currently
applies only to tank vessels of 20,000 deadweight tons or more
transiting Prince William Sound, the carriage requirement is being
incorporated into the Prince William Sound vessel operating
requirements (Sec. 165.1704). The ``Incorporation by Reference''
section (Sec. 161.109) associated with this rule has been redesignated
as Sec. 164.03(b)(2).

B. Implementation: Familiarization Period

An education program on mandatory participation and reporting
requirements in VTSs currently operating as ``voluntary systems'' in
San Francisco, Houston/Galveston, and Louisville will be instituted
over a 90-day period. This period of familiarization will run
concurrently with the 90-day effective date period of this rule.

Incorporation by Reference

The Director of the Federal Register has approved the material in
Sec. 164.03 for incorporation by reference under 5 U.S.C. 552 and 1 CFR
Part 51. The material is available as indicated in that section.

Assessment

This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the Regulatory Policies and
Procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full regulatory evaluation is
unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include independently owned and operated
small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632).
This rule prescribes certain radiotelephone communications. The
provisions of this final rule primarily address listening watches to
ensure that VTS Users maintain effective communications within the VTS
area. It may, in isolated instances, require that outdated equipment be
modified in order to facilitate monitoring of the proper frequencies.
However, it would only affect a small number of vessel owners or
operators. Any additional costs would be minor, especially in
comparison to increased vessel safety, and corresponding commercial
benefits, which results from monitoring the VTS frequency.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will
not have a significant economic impact on a substantial number of small
entities.

Collection of Information

Portions of this final rule contain collection of information
requirements. The Coast Guard has submitted the requirements to the
Office of Management and Budget (OMB) for review under section 3504(h)
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and OMB has
given 33 CFR 161 a blanket approval. The part is 33 CFR Part 161 and
the corresponding OMB approval number is OMB Control Number 2115-0540.
New information collection requirements have been added for VTSs in San
Francisco, Houston/Galveston and Louisville, but will also be covered
by the blanket approval.
The reports required by this rule are considered to be operational
communications, transitory in nature, and therefore do not constitute
the collection of information under the Paperwork Reduction Act.

Federalism

The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. These VTS operating
procedures are a matter for which regulations should be developed on
the national level, to avoid unreasonably burdensome variances and
confusion in applicability and operating requirements. These
regulations which provide uniform VTS operating requirements are
intended to preempt States from adopting similar requirements.

Environment

The Coast Guard considered the environmental impact of this final
rule and concluded that under section 2.B.2. of Commandant Instruction
M16475.1B, this final rule is categorically excluded from further
environmental documentation. This regulatory action requires vessels to
comply with VTS measures. While the Coast Guard recognizes that this
rule will have a positive effect on the environment by minimizing the
risk of environmental harm resulting from collisions, groundings, and
rammings, the impact is not expected to be significant enough to
warrant further documentation. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated under
ADDRESSES.

List of Subjects

33 CFR Part 1

Administrative practice and procedure, Authority delegation
(government agencies), Freedom of Information, Penalties.

33 CFR Part 26

Communications Equipment, Navigation (water), Marine safety, Radio,
Telephone, Vessels.

33 CFR Part 160

Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.

33 CFR Part 161

Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.

33 CFR Part 162

Navigation (water), Waterways.

33 CFR Part 164

Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Incorporation by reference.

33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR parts 1, 26, 160, 161, 162, 164, and 165, as follows:

PART 1--GENERAL PROVISIONS

1. The authority citation for part 1 continues to read as follows:

Authority: 14 U.S.C. 633; 49 U.S.C. 322; Sec. 6079(d), Pub. L.
100-690, 102 Stat. 4181; 49 CFR 1.45(b), 1.46; section 1.01-70 also
issued under the authority of E.O. 12316, 46 FR 42237.

2. In Sec. 1.01-30, paragraph (b) is added to read as follows:

Sec. 1.01-30 Captains of the Port.

* * * * *
(b) Subject to the supervision of the cognizant Captain of the Port
and District Commander, Commanding Officers, Vessel Traffic Services,
are delegated authority under the Ports and Waterways Safety Act to
discharge the duties of the Captain of the Port that involve directing
the operation, movement, and anchoring of vessels within a Vessel
Traffic Service area, including management of vessel traffic within
anchorages, regulated navigation areas and safety zones, and to enforce
Vessel Traffic Service and ports and waterways safety regulations. This
authority may be redelegated.
* * * * *

PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS

3. The authority citation for part 26 is amended to read as
follows:

Authority: 33 U.S.C. 1201-1208; 49 CFR 1.46. Sections 26.04 and
26.09 also issued under Sec. 4118, Pub. L. 101-380, 104 Stat. 523
(33 U.S.C. Sec. 1203 note).

4. In Sec. 26.02, the following definitions are added to read as
follows:

Sec. 26.02 Definitions.

* * * * *
Vessel Traffic Services (VTS) means a service implemented under
Part 161 of this chapter by the United States Coast Guard designed to
improve the safety and efficiency of vessel traffic and to protect the
environment. The VTS has the capability to interact with marine traffic
and respond to traffic situations developing in the VTS area.
Vessel Traffic Service Area or VTS Area means the geographical area
encompassing a specific VTS area of service as described in Part 161 of
this chapter. This area of service may be subdivided into sectors for
the purpose of allocating responsibility to individual Vessel Traffic
Centers or to identify different operating requirements.

Note: Although regulatory jurisdiction is limited to the
navigable waters of the United States, certain vessels will be
encouraged or may be required, as a condition of port entry, to
report beyond this area to facilitate traffic management within the
VTS area.

5. In Sec. 26.03, paragraph (f) is added to read as follows.

Sec. 26.03 Radiotelephone required.

* * * * *
(f) In addition to the radiotelephone required by paragraph (b) of
this section, each vessel described in paragraph (a) of this section
while transiting any waters within a Vessel Traffic Service Area, must
have on board a radiotelephone capable of transmitting and receiving on
the VTS designated frequency in Table 26.03(f) (VTS Call Signs,
Designated Frequencies, and Monitoring Areas).

Note: A single VHF-FM radio capable of scanning or sequential
monitoring (often referred to as ``dual watch'' capability) will not
meet the requirements for two radios.

Table 26.03(f).--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
Vessel traffic
services\1\ Designated frequency\2\ (channel Monitoring area
Call Sign designation)
----------------------------------------------------------------------------------------------------------------
New York:
New York 156.700 MHz (Ch. 14)............. The waters of the Lower New York Bay west of a line drawn
Traffic\3\. from Norton Point to Breezy Point and north of a line drawn
from Ambrose Entrance Lighted Gong Buoy #1 to Ambrose
Channel Lighted Gong Buoy #9 thence to West Bank Light and
thence to Great Kills Light. The Waters of the Upper New
York Bay, south of 40 deg.42.40' N. (Brooklyn Bridge) and
40 deg.43.70' N. (Holland Tunnel Ventilator Shaft); and in
Newark Bay, north of 40 deg.38.25' N. (Arthur Kill Railroad
Bridge), and south of 40 deg.41.95' N. (Lehigh Valley Draw
Bridge); and the Kill Van Kull.
156.550 MHz (Ch. 11)............. The waters of Raritan Bay east of a line drawn from Great
Kills Light to Point Comfort in New Jersey and south of a
line drawn from Great Kills Light to Ambrose Channel
Lighted Gong Buoy #9 thence to Ambrose Channel Lighted Gong
Buoy #1 and west of a line drawn from Ambrose Channel
Lighted Gong Buoy #9, thence to Ambrose Channel Lighted
Gong Buoy #1 and west of a line drawn from Ambrose Channel
Lighted Gong Buoy #1 to the Sandy Hook Channel Entrance
Buoys (Lighted Gong Buoys #1 and #2).
156.600 MHz (Ch. 12)............. Each vessel at anchor within the above areas.
Houston\3\..... ................................. The navigable waters north of 29 deg. N., west of 94 deg.20'
W., south of 29 deg.49' N., and east of 95 deg.20' W.:
Houston 156.550MHz (Ch.11)............... The navigable waters north of a line extending due west from
Traffic. the southern most end of Exxon Dock #1 (20 deg.43.37' N.,
95 deg.01.27' W.).
156.600 MHz (Ch. 12)............. The navigable waters south of a line extending due west from
the southern most end of Exxon Dock #1 (29 deg.43.37' N.,
95 deg.01.27' W.).
Berwick Bay:
Berwick 156.550 MHz (Ch. 11)............. The navigable waters south of 29 deg.45' N., west of 91
Traffic. deg.10' W., north of 29 deg.37' N., and east of 91 deg.18'
W.
St. Marys
River:
Soo Control 156.600 MHz (Ch. 12)............. The navigable waters of the St. Marys River between 45
deg.57' N. (De Tour Reef Light) and 46 deg.38.7' N. (lle
Parisienne Light), except the St. Marys Falls Canal and
those navigable waters east of a line from 46 deg.04.16' N.
and 46 deg.01.57' N. (La Pointe to Sims Point in
Potagannissing Bay and Worsley Bay).
San
Francisco\3\
San 156.600 MHz (Ch. 12)............. The waters within a 38 Nautical mile radius of Mount
Francisco Tamalpais (37 deg.55.8' N., 122 deg.34.6' W.) excluding the
Offshore San Francisco Offshore Precautionary Area.
Vessel
Movement
Reporting
Service.
San 156.700 MHz (Ch. 14)............. The waters of the San Francisco Offshore Precautionary Area
Francisco eastward to San Francisco Bay including its tributaries
Traffic. extending to the ports of Stockton, Sacramento and Redwood
City.
Puget Sound\4\
Seattle 156.700 MHz (Ch. 14)............. The navigable waters of Puget Sound, Hood Canal and adjacent
Traffic\5\. waters south of a line connecting Marrowstone Point and
Lagoon Point in Admiralty Inlet and south of a line drawn
due east from the southernmost tip of Possession Point on
Whidbey Island to the shoreline.
156.250 MHz (Ch. 5A)............. The navigable waters of the Strait of Juan de Fuca east of
124 deg.40' W. excluding the waters in the central portion
of the Strait of Juan de Fuca north and east of Race Rocks;
the navigable waters of the Strait of Georgia east of 122
deg.52' W.; the San Juan Island Archipelago, Rosario
Strait, Bellingham Bay; Admiralty Inlet north of a line
connecting Marrowstone Point and Lagoon Point and all
waters east of Whidbey Island North of a line drawn due
east from the southernmost tip of Possession Point on
Whidbey Island to the shoreline.
Tofino 156.725 MHz (Ch. 74)............. The waters west of 124 deg.40' W. within 50 nautical miles
Traffic\6\. of the coast of Vancouver Island including the waters north
of 48 deg. N., and east of 127 deg. W.
Vancouver 156.550 MHz (Ch. 11)............. The navigable waters of the Strait of Georgia west of 122
Traffic. deg.52' W., the navigable waters of the central Strait of
Juan de Fuca north and east of Race Rocks, including the
Gulf Island Archipelago, Boundary Pass and Haro Strait.
Prince William
Sound\7\
Valdez 156.650 MHz (Ch. 13)............. The navigable waters south of 61 deg.05' N., east of 147
Traffic. deg.20' W., north of 60 deg. N., and west of 146 deg.30'
W.; and, all navigable waters in Port Valdez.
Louisville\7\
Louisville 156.650 MHz (Ch. 13)............. The navigable waters of the Ohio River between McAlpine
Traffic. Locks (Mile 606) and Twelve Mile Island (Mile 593), only
when the McAlpine upper pool gauge is at approximately 13.0
feet or above.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\VTS regulations are denoted in 33 CFR Part 161. All geographic coordinates (latitude and longitude) are
expressed in North American Datum of 1983 (NAD 83).
\2\In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion
on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-
bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as
an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that
provided by other means.
\3\Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S.
navigable waters, designated frequency monitoring is voluntary. However, prospective VTS Users are encouraged
to monitor the designated frequency.
\4\A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters.
The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce
only its own set of rules within its jurisdiction.
\5\Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz
(Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than
strictly adhering to the designated frequency required for each monitoring area as defined above. This does
not require a vessel to monitor both primary frequencies.
\6\A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency
monitoring is voluntary in these portions outside of VTS jurisdiction, however, prospective VTS Users are
encouraged to monitor the designated frequency.
\7\The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the
level of radiotelephone transmissions does not warrant a designated VTS frequency. The listening watch
required by Sec. 26.05 of this chapter is not limited to the monitoring area.

6. In Sec. 26.04, paragraph (e) is added to read as follows:

Sec. 26.04 Use of the designated frequency.

* * * * *
(e) On those navigable waters of the United States within a VTS
area, the designated VTS frequency is the designated frequency required
to be monitored in accordance with Sec. 26.05.

Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16
(156.800 MHz) is not required on vessels subject to the Vessel
Bridge-to-Bridge Radiotelephone Act and participating in a Vessel
Traffic Service (VTS) system when the watch is maintained on both
the vessel bridge-to-bridge frequency and a designated VTS
frequency.

7. Section 26.07 is revised to read as follows:

Sec. 26.07 Communications.

No person may use the services of, and no person may serve as a
person required to maintain a listening watch under section 5 of the
Act, 33 U.S.C. 1204, unless the person can communicate in the English
language.

PART 160--PORTS AND WATERWAYS SAFETY: GENERAL

8. The authority citation for part 160 continues to read as
follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

9. Section 160.3 is revised to read as follows:

Sec. 160.3 Definitions.

For the purposes of this subchapter:
Bulk means material in any quantity that is shipped, stored, or
handled without the benefit of package, label, mark or count and
carried in integral or fixed independent tanks.
Captain of the Port means the Coast Guard officer designated by the
Commandant to command a Captain of the Port Zone as described in part 3
of this chapter.
Commandant means the Commandant of the United States Coast Guard.
Commanding Officer, Vessel Traffic Services means the Coast Guard
officer designated by the Commandant to command a Vessel Traffic
Service (VTS) as described in part 161 of this chapter.
Deviation means any departure from any rule in this subchapter.
District Commander means the Coast Guard officer designated by the
Commandant to command a Coast Guard District as described in part 3 of
this chapter.
ETA means estimated time of arrival.
Length of Tow means, when towing with a hawser, the length in feet
from the stern of the towing vessel to the stern of the last vessel in
tow. When pushing ahead or towing alongside, length of tow means the
tandem length in feet of the vessels in tow excluding the length of the
towing vessel.
Person means an individual, firm, corporation, association,
partnership, or governmental entity.
State means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, the Trust Territories of the
Pacific Islands, the Commonwealth of the Northern Marianas Islands, and
any other commonwealth, territory, or possession of the United States.
Tanker means a self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous materials in bulk in the cargo
spaces.
Tank Vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue.
Vehicle means every type of conveyance capable of being used as a
means of transportation on land.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water.
Vessel Traffic Services (VTS) means a service implemented under
Part 161 of this chapter by the United States Coast Guard designed to
improve the safety and efficiency of vessel traffic and to protect the
environment. The VTS has the capability to interact with marine traffic
and respond to traffic situations developing in the VTS area.
Vessel Traffic Service Area or VTS Area means the geographical area
encompassing a specific VTS area of service as described in Part 161 of
this chapter. This area of service may be subdivided into sectors for
the purpose of allocating responsibility to individual Vessel Traffic
Centers or to identify different operating requirements.

VTS Special Area means a waterway within a VTS area in which
special operating requirements apply.

10. In Sec. 160.5, paragraph (d) is added to read as follows:

Sec. 160.5 Delegations.

* * * * *
(d) Subject to the supervision of the cognizant Captain of the Port
and District Commander, Commanding Officers, Vessel Traffic Services
are delegated authority under 33 CFR 1.01-30 to discharge the duties of
the Captain of the Port that involve directing the operation, movement,
and anchorage of vessels within a Vessel Traffic Service area including
management of vessel traffic within anchorages, regulated navigation
areas and safety zones, and to enforce Vessel Traffic Service and ports
and waterways safety regulations. This authority may be exercised by
Vessel Traffic Center personnel. The Vessel Traffic Center may, within
the Vessel Traffic Service area, provide information, make
recommendations, or, to a vessel required under Part 161 of this
chapter to participate in a Vessel Traffic Service, issue an order,
including an order to operate or anchor as directed; require the vessel
to comply with orders issued; specify times of entry, movement or
departure; restrict operations as necessary for safe operation under
the circumstances; or take other action necessary for control of the
vessel and the safety of the port or of the marine environment.

PART 161--[AMENDED]

11. Section 161.402 is redesignated as Sec. 165.810 and the heading
is revised to read as follows:

Sec. 165.810 Mississippi River, LA-regulated navigation area.

12. Part 161 is revised to read as follows:

PART 161--VESSEL TRAFFIC MANAGEMENT

Subpart A--Vessel Traffic Services

General Rules

Sec.
161.1 Purpose and Intent.
161.2 Definitions.
161.3 Applicability.
161.4 Requirement to carry the rules.
161.5 Deviations from the rules.

Services, VTS Measures, and Operating Requirements

161.10 Services.
161.11 VTS measures.
161.12 Vessel operating requirements.
161.13 VTS Special Area operating requirements.

Subpart B--Vessel Movement Reporting System (VMRS)

161.15 Purpose and intent.
161.16 Applicability.
161.17 Definitions.
161.18 Reporting requirements.
161.19 Sailing Plan (SP).
161.20 Position Report (PR).
161.21 Sailing Plan Deviation Report (DR).
161.22 Final Report (FR).
161.23 Reporting Exemptions.
Subpart C--Vessel Traffic Service Areas, Cooperative Vessel Traffic
Service Area, Vessel Traffic Service Special Areas, and Reporting
Points
161.25 Vessel Traffic Service New York.
161.30 Vessel Traffic Service Louisville.
161.35 Vessel Traffic Service Houston/Galveston.
161.40 Vessel Traffic Service Berwick Bay.
161.45 Vessel Traffic Service St. Marys River.
161.50 Vessel Traffic Service San Francisco.
161.55 Vessel Traffic Service Puget Sound and the Cooperative
Vessel Traffic Service for the Juan de Fuca Region.
161.60 Vessel Traffic Service Prince William Sound.

Authority: 33 U.S.C. 1231; 33 U.S.C. 1223; 49 CFR 1.46.

Subpart A--Vessel Traffic Services

General Rules

Sec. 161.1 Purpose and Intent.

(a) The purpose of this part is to promulgate regulations
implementing and enforcing certain sections of the Ports and Waterways
Safety Act (PWSA) setting up a national system of Vessel Traffic
Services that will enhance navigation, vessel safety, and marine
environmental protection, and promote safe vessel movement by reducing
the potential for collisions, rammings, and groundings, and the loss of
lives and property associated with these incidents within VTS areas
established hereunder.
(b) Vessel Traffic Services provide the mariner with information
related to the safe navigation of a waterway. This information, coupled
with the mariner's compliance with the provisions set forth in this
part, enhances the safe routing of vessels through congested waterways
or waterways of particular hazard. Under certain circumstances, a VTS
may issue directions to control the movement of vessels in order to
minimize the risk of collision between vessels, or damage to property
or the environment.
(c) The owner, operator, charterer, master, or person directing the
movement of a vessel remains at all times responsible for the manner in
which the vessel is operated and maneuvered, and is responsible for the
safe navigation of the vessel under all circumstances. Compliance with
these rules or with a direction of the VTS is at all times contingent
upon the exigencies of safe navigation.
(d) Nothing in this part is intended to relieve any vessel, owner,
operator, charterer, master, or person directing the movement of a
vessel from the consequences of any neglect to comply with this part or
any other applicable law or regulation (e.g., the International
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or
the Inland Navigation Rules) or of the neglect of any precaution which
may be required by the ordinary practice of seamen, or by the special
circumstances of the case.

Sec. 161.2 Definitions.

For the purposes of this part:
Cooperative Vessel Traffic Services (CVTS) means the system of
vessel traffic management established and jointly operated by the
United States and Canada within adjoining waters. In addition, CVTS
facilitates traffic movement and anchorages, avoids jurisdictional
disputes, and renders assistance in emergencies in adjoining United
States and Canadian waters.
Hazardous Vessel Operating Condition means any condition related to
a vessel's ability to safely navigate or maneuver, and includes, but is
not limited to:
(1) The absence or malfunction of vessel operating equipment, such
as propulsion machinery, steering gear, radar system, gyrocompass,
depth sounding device, automatic radar plotting aid (ARPA),
radiotelephone, automated dependent surveillance equipment,
navigational lighting, sound signaling devices or similar equipment.
(2) Any condition on board the vessel likely to impair navigation,
such as lack of current nautical charts and publications, personnel
shortage, or similar condition.
(3) Vessel characteristics that affect or restrict maneuverability,
such as cargo arrangement, trim, loaded condition, underkeel clearance,
speed, or similar characteristics.
Precautionary Area means a routing measure comprising an area
within defined limits where vessels must navigate with particular
caution and within which the direction of traffic may be recommended.
Towing Vessel means any commercial vessel engaged in towing another
vessel astern, alongside, or by pushing ahead.
Vessel Movement Reporting System (VMRS) is a system used to manage
and track vessel movements within a VTS area. This is accomplished by a
vessel providing information under established procedures as set forth
in this part, or as directed by the VTS.
Vessel Movement Reporting System (VMRS) User means a vessel, or an
owner, operator, charterer, master, or person directing the movement of
a vessel, that is required to participate in a VMRS within a VTS area.
VMRS participation is required for:
(1) Every power-driven vessel of 40 meters (approximately 131 feet)
or more in length, while navigating;
(2) Every towing vessel of 8 meters (approximately 26 feet) or more
in length, while navigating; or
(3) Every vessel certificated to carry 50 or more passengers for
hire, when engaged in trade.
Vessel Traffic Center (VTC) means the shore-based facility that
operates the vessel traffic service for the Vessel Traffic Service area
or sector within such an area.
Vessel Traffic Services (VTS) means a service implemented by the
United States Coast Guard designed to improve the safety and efficiency
of vessel traffic and to protect the environment. The VTS has the
capability to interact with marine traffic and respond to traffic
situations developing in the VTS area.
Vessel Traffic Service Area or VTS Area means the geographical area
encompassing a specific VTS area of service. This area of service may
be subdivided into sectors for the purpose of allocating responsibility
to individual Vessel Traffic Centers or to identify different operating
requirements.

VTS Special Area means a waterway within a VTS area in which
special operating requirements apply.
VTS User means a vessel, or an owner, operator, charterer, master,
or person directing the movement of a vessel, that is:
(a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
(b) Required to participate in a VMRS within a VTS area (VMRS
User).
VTS User's Manual means the manual established and distributed by
the VTS to provide the mariner with a description of the services
offered and rules in force for that VTS. Additionally, the manual may
include chartlets showing the area and sector boundaries, general
navigational information about the area, and procedures, radio
frequencies, reporting provisions and other information which may
assist the mariner while in the VTS area.

Sec. 161.3 Applicability.

The provisions of this subpart shall apply to each VTS User and may
also apply to any vessel while underway or at anchor on the navigable
waters of the United States within a VTS area, to the extent the VTS
considers necessary.

Sec. 161.4 Requirement to carry the rules.

Each VTS User shall carry on board and maintain for ready reference
a copy of these rules.

Note: These rules are contained in the applicable U.S. Coast
Pilot, the VTS User's Manual which may be obtained by contacting the
appropriate VTS, and periodically published in the Local Notice to
Mariners. The VTS User's Manual and the World VTS Guide, an
International Maritime Organization (IMO) recognized publication,
contain additional information which may assist the prudent mariner
while in the appropriate VTS area.

Sec. 161.5 Deviations from the rules.

(a) Requests to deviate from any provision in this part, either for
an extended period of time or if anticipated before the start of a
transit, must be submitted in writing to the appropriate District
Commander. Upon receipt of the written request, the District Commander
may authorize a deviation if it is determined that such a deviation
provides a level of safety equivalent to that provided by the required
measure or is a maneuver considered necessary for safe navigation under
the circumstances. An application for an authorized deviation must
state the need and fully describe the proposed alternative to the
required measure.
(b) Requests to deviate from any provision in this part due to
circumstances that develop during a transit or immediately preceeding a
transit, may be made verbally to the appropriate VTS Commanding
Officer. Requests to deviate shall be made as far in advance as
practicable. Upon receipt of the request, the VTS Commanding Officer
may authorize a deviation if it is determined that, based on vessel
handling characteristics, traffic density, radar contacts,
environmental conditions and other relevant information, such a
deviation provides a level of safety equivalent to that provided by the
required measure or is a maneuver considered necessary for safe
navigation under the circumstances.

Services, VTS Measures, and Operating Requirements

Sec. 161.10 Services.

To enhance navigation and vessel safety, and to protect the marine
environment, a VTS may issue advisories, or respond to vessel requests
for information, on reported conditions within the VTS area, such as:
(a) Hazardous conditions or circumstances;
(b) Vessel congestion;
(c) Traffic density;
(d) Environmental conditions;
(e) Aids to navigation status;
(f) Anticipated vessel encounters;
(g) Another vessel's name, type, position, hazardous vessel
operating conditions, if applicable, and intended navigation movements,
as reported;
(h) Temporary measures in effect;
(i) A description of local harbor operations and conditions, such
as ferry routes, dredging, and so forth;
(j) Anchorage availability; or
(k) Other information or special circumstances.

Sec. 161.11 VTS measures.

(a) A VTS may issue measures or directions to enhance navigation
and vessel safety and to protect the marine environment, such as, but
not limited to:
(1) Designating temporary reporting points and procedures;
(2) Imposing vessel operating requirements; or
(3) Establishing vessel traffic routing schemes.
(b) During conditions of vessel congestion, restricted visibility,
adverse weather, or other hazardous circumstances, a VTS may control,
supervise, or otherwise manage traffic, by specifying times of entry,
movement, or departure to, from, or within a VTS area.

Sec. 161.12 Vessel operating requirements.

(a) Subject to the exigencies of safe navigation, a VTS User shall
comply with all measures established or directions issued by a VTS.
(1) If, in a specific circumstance, a VTS User is unable to safely
comply with a measure or direction issued by the VTS, the VTS User may
deviate only to the extent necessary to avoid endangering persons,
property or the environment. The deviation shall be reported to the VTS
as soon as is practicable.
(b) When not exchanging communications, a VTS User must maintain a
listening watch as required by Sec. 26.04(e) of this chapter on the VTS
frequency designated in Table 161.12(b) (VTS Call Signs, Designated
Frequencies, and Monitoring Areas). In addition, the VTS User must
respond promptly when hailed and communicate in the English language.

Table 161.12(b)--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
Designated frequency\1\
Vessel traffic services call sign (channel designation) Monitoring area
----------------------------------------------------------------------------------------------------------------
New York:
New York Traffic\2\.......... 156.700 MHz (Ch. 14).......... The waters of the Lower New York Bay west of
a line drawn from Norton Point to Breezy
Point and north of a line drawn from Ambrose
Entrance Lighted Gong Buoy #1 to Ambrose
Channel Lighted Gong Buoy #9 thence to West
Bank Light and thence to Great Kills Light.
The waters of the Upper New York Bay, south
of 40 deg.42.40'N. (Brooklyn Bridge) and 40
deg.43.70'N. (Holland Tunnel Ventilator
Shaft); and in Newark Bay, north of 40
deg.38.25'N. (Arthur Kill Railroad Bridge),
and south of 40 deg.41.95'N. (Lehigh Valley
Draw Bridge); and the Kill Van Kull.
156.550 MHz (Ch. 11).......... The waters of Raritan Bay east of a line
drawn from Great Kills Light to Point
Comfort in New Jersey and south of a line
drawn from Great Kills Light to Ambrose
Channel Lighted Gong Buoy #9 thence to
Ambrose Channel Lighted Gong Buoy #1 and
west of a line drawn from Ambrose Channel
Lighted Gong Buoy #9, thence to Ambrose
Channel Lighted Gong Buoy #1 and west of a
line drawn from Ambrose Channel Lighted Gong
Buoy #1 to the Sandy Hook Channel Entrance
Buoys (Lighted Gong Buoys #1 and #2).
156.600 MHz (Ch. 12).......... Each vessel at anchor within the above areas.
Houston\2\ .............................. The navigable waters north of 29 deg.N., west
of 94 deg.20'W., south of 29 deg.49'N., and
east of 95 deg.20'W.:
Houston Traffic.............. 156.550 MHz (Ch. 11).......... The navigable waters north of a line
extending due west from the southern most
end of Exxon Dock #1 (29 deg.43.37'N., 95
deg.01.27'W.).
156.600 MHz (Ch. 12).......... The navigable waters south of a line
extending due west from the southern most
end of Exxon Dock #1 (29 deg.43.37'N., 95
deg.01.27'W.).
Berwick Bay:
Berwick Traffic.............. 156.550 MHz (Ch. 11).......... The navigable waters south of 20 deg.45'N.,
west of 91 deg.10'W., north of 29 deg.37'N.,
and east of 91 deg.18'W.
St. Marys River:
Soo Control.................. 156.600 MHz (Ch. 12).......... The navigable waters of the St. Marys River
between 45 deg.57'N. (De Tour Reef Light)
and 46 deg.38.7'N. (Ile Parisienne Light),
except the St. Marys Falls Canal and those
navigable waters east of a line from 46
deg.04.16'N. and 46 deg.01.57'N. (La Pointe
to Sims Point in Potagannissing Bay and
Worsley Bay).
San Francisco:\2\
San Francisco Offshore Vessel 156.600 MHz (Ch. 12).......... The waters within a 38 nautical mile radius
Movement Reporting Service. of Mount Tamalpais (37 deg.55.8'N., 122
deg.34.6'W.) excluding the San Francisco
Offshore Precautionary Area.
San Francisco Traffic........ 156.700 MHz (Ch. 14).......... The waters of the San Francisco Offshore
Precautionary Area eastward to San Francisco
Bay including its tributaries extending to
the ports of Stockton, Sacramento and
Redwood City.
Puget Sound:\3\
Seattle Traffic\4\........... 156.700 MHz (Ch. 14).......... The navigable waters of Puget Sound, Hood
Canal and adjacent waters south of a line
connecting Marrowstone Point and Lagoon
Point in Admiralty Inlet and south of a line
drawn due east from the southernmost tip of
Possession Point on Whidbey Island to the
shoreline.
156.250 MHz (Ch. 5A).......... The navigable waters of the Strait of Juan de
Fuca east of 124 deg.40'W. excluding the
waters in the central portion of the Strait
of Juan de Fuca north and east of Race
Rocks; the navigable waters of the Strait of
Georgia east of 122 deg.52'W.; the San Juan
Island Archipelago, Rosario Strait,
Bellingham Bay; Admiralty Inlet north of a
line connecting Marrowstone Point and Lagoon
Point and all waters east of Whidbey Island
north of a line drawn due east from the
southernmost tip of Possession Point on
Whidbey Island to the shoreline.
Tofino Traffic\5\............ 156.725 MHz (Ch. 74).......... The waters west of 124 deg.40'W. within 50
nautical miles of the coast of Vancouver
Island including the waters north of 48
deg.N., and east of 127 deg.W.
Vancouver Traffic............ 156.550 MHz (Ch. 11).......... The navigable waters of the Strait of Georgia
west of 122 deg.52'W., the navigable waters
of the central Strait of Juan de Fuca north
and east of Race Rocks, including the Gulf
Island Archipelago, Boundary Pass and Haro
Strait.
Prince William Sound:\6\
Valdez Traffic............... 156.650 MHz (Ch. 13).......... The navigable waters south of 61 deg.05'N.,
east of 147 deg.20'W., north of 60 deg.N.,
and west of 146 deg.30'W.; and, all
navigable waters in Port Valdez.
Louisville:\6\
Louisville Traffic........... 156.650 MHz (Ch. 13).......... The navigable waters of the Ohio River
between McAlpine Locks (Mile 606) and Twelve
Mile Island (Mile 593), only when the
McAlpine upper pool gauge is at
approximately 13.0 feet or above.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion
on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-
bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as
an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that
provided by other means.
\2\Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S.
navigable waters, designated frequency monitoring is voluntary. However, prospective VTS Users are encouraged
to monitor the designated frequency.
\3\A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters.
The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce
only its own set of rules within its jurisdiction.
\4\Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz
(Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than
strictly adhering to the designated frequency required for each monitoring area as defined above. This does
not require a vessel to monitor both primary frequencies.
\5\A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency
monitoring is voluntary in these portions outside of VTS jurisdiction, however, prospective VTS Users are
encouraged to monitor the designated frequency.
\6\The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the
level of radiotelephone transmissions does not warrant a designated VTS frequency. The listening watch
required by Sec. 26.05 of this chapter is not limited to the monitoring area.

(c) As soon as is practicable, a VTS User shall notify the VTS of
any of the following:
(1) A marine casualty as defined in 46 CFR 4.05-1;
(2) Involvement in the ramming of a fixed or floating object;
(3) A pollution incident as defined in Sec. 151.15 of this chapter;
(4) A defect or discrepancy in an aid to navigation;
(5) A hazardous condition as defined in Sec. 160.203 of this
chapter;
(6) Improper operation of vessel equipment required by Part 164 of
this chapter;
(7) A situation involving hazardous materials for which a report is
required by 49 CFR 176.48; and
(8) A hazardous vessel operating condition as defined in
Sec. 161.2.

Sec. 161.13 VTS Special Area Operating Requirements.

The following operating requirements apply within a VTS Special
Area:
(a) A VTS User shall, if towing astern, do so with as short a
hawser as safety and good seamanship permits.
(b) A VMRS User shall: (1) Not enter or get underway in the area
without prior approval of the VTS;
(2) Not enter a VTS Special Area if a hazardous vessel operating
condition or circumstance exists;
(3) Not meet, cross, or overtake any other VMRS User in the area
without prior approval of the VTS; and
(4) Before meeting, crossing, or overtaking any other VMRS User in
the area, communicate on the designated vessel bridge-to-bridge
radiotelephone frequency, intended navigation movements, and any other
information necessary in order to make safe passing arrangements. This
requirement does not relieve a vessel of any duty prescribed by the
International Regulations for Prevention of Collisions at Sea, 1972 (72
COLREGS) or the Inland Navigation Rules.

Subpart B--Vessel Movement Reporting System

Sec. 161.15 Purpose and intent.

(a) A Vessel Movement Reporting System (VMRS) is a system used to
manage and track vessel movements within a VTS area. This is
accomplished by requiring that vessels provide information under
established procedures as set forth in this part, or as directed by the
VTS.
(b) To avoid imposing an undue reporting burden or unduly
congesting radiotelephone frequencies, reports shall be limited to
information which is essential to achieve the objectives of the VMRS.
These reports are consolidated into four reports (sailing plan,
position, sailing plan deviation and final).

Sec. 161.16 Applicability.

The provisions of this subpart shall apply to the following VMRS
Users:
(a) Every power-driven vessel of 40 meters (approximately 131 feet)
or more in length, while navigating;
(b) Every towing vessel of 8 meters (approximately 26 feet) or more
in length, while navigating; or
(c) Every vessel certificated to carry 50 or more passengers for
hire, when engaged in trade.

Sec. 161.17 Definitions.

As used in this subpart: Published means available in a widely-
distributed and publicly available medium (e.g., VTS User's Manual,
ferry schedule, Notice to Mariners).

Sec. 161.18 Reporting requirements.

(a) A VTS may: (1) Direct a vessel to provide any of the
information set forth in Table 161.18(a) (IMO Standard Ship Reporting
System);

Table 161.18(a).--The IMO Standard Ship Reporting System

A.................. ALPHA Ship..................... Name, call sign or ship
station identity, and
flag.
B.................. BRAVO Dates and time of event.. A 6 digit group giving
day of month (first two
digits), hours and
minutes (last four
digits). If other than
UTC state time zone
used.
C.................. CHARLIE Position................. A 4 digit group giving
latitude in degrees and
minutes suffixed with N
(north) or S (south) and
a 5 digit group giving
longitude in degrees and
minutes suffixed with E
(east) or W (west); or.
D.................. DELTA Position................. True bearing (first 3
digits) and distance
(state distance) in
nautical miles from a
clearly identified
landmark (state
landmark).
E.................. ECHO True course.............. A 3 digit group.
F.................. FOXTROT Speed in knots and tenths A 3 digit group.
of knots.
G.................. GOLF Port of Departure........ Name of last port of
call.
H.................. HOTEL Date, time and point of Entry time expressed as
entry system. in (B) and into the
entry position expressed
as in (C) or (D).
I.................. INDIA Destination and expected Name of port and date
time of arrival. time group expressed as
in (B).
J.................. JULIET Pilot.................... State whether a deep sea
or local pilot is on
board.
K.................. KILO Date, time and point of Exit time expressed as in
exit from system. (B) and exit position
expressed as in (C) or
(D).
L.................. LIMA Route information........ Intended track.
M.................. MIKE Radio.................... State in full names of
communications stations/
frequencies guarded.
N.................. NOVEMBER Time of next report...... Date time group expressed
as in (B).
O.................. OSCAR Maximum present static 4 digit group giving
draught in meters. meters and centimeters.
P.................. PAPA Cargo on board........... Cargo and brief details
of any dangerous cargoes
as well as harmful
substances and gases
that could endanger
persons or the
environment.
Q.................. QUEBEC Defects, damage, Brief detail of defects,
deficiencies or damage, deficiencies or
limitations. other limitations.
R.................. ROMEO Description of pollution Brief details of type of
or dangerous goods lost. pollution (oil,
chemicals, etc) or
dangerous goods lost
overboard; position
expressed as in (C) or
(D).
S.................. SIERRA Weather conditions....... Brief details of weather
and sea conditions
prevailing.
T.................. TANGO Ship's representative and/ Details of name and
or owner. particulars of ship's
representative and/or
owner for provision of
information.
U.................. UNIFORM Ship size and type....... Details of length,
breadth, tonnage, and
type, etc., as required.
V.................. VICTOR Medical personnel........ Doctor, physician's
assistant, nurse, no
medic.
W.................. WHISKEY Total number of persons State number.
on board.
X.................. XRAY Miscellaneous............ Any other information as
appropriate. [i.e., a
detailed description of
a planned operation,
which may include: its
duration; effective
area; any restrictions
to navigation;
notification procedures
for approaching vessels;
in addition, for a
towing operation:
configuration, length of
the tow, available
horsepower, etc.; for a
dredge or floating
plant: configuration of
pipeline, mooring
configuration, number of
assist vessels, etc.].

(2) Establish other means of reporting for those vessels unable to
report on the designated frequency; or
(3) Require reports from a vessel in sufficient time to allow
advance vessel traffic planning.
(b) All reports required by this part shall be made as soon as is
practicable on the frequency designated in Table 161.12(b) (VTS Call
Signs, Designated Frequencies, and Monitoring Areas).
(c) When not exchanging communications, a VMRS User must maintain a
listening watch as described in Sec. 26.04(e) of this chapter on the
frequency designated in Table 161.12(b) (VTS Call Signs, Designated
Frequencies, and Monitoring Areas). In addition, the VMRS User must
respond promptly when hailed and communicate in the English language.

(d) When reports required by this part include time information,
such information shall be given using the local time zone in effect and
the 24-hour military clock system.

Sec. 161.19 Sailing Plan (SP).

Unless otherwise stated, at least 15 minutes before navigating a
VTS area, a vessel must report the:
(a) Vessel name and type;
(b) Position;
(c) Destination and ETA;
(d) Intended route;
(e) Time and point of entry; and
(f) Dangerous cargo on board or in its tow, as defined in
Sec. 160.203 of this chapter, and other required information as set out
in Sec. 160.211 and Sec. 160.213 of this chapter, if applicable.

Sec. 161.20 Position Report (PR).

A vessel must report its name and position:
(a) Upon point of entry into a VTS area;
(b) At designated reporting points as set forth in subpart C; or
(c) When directed by the VTC.

Note: Notice of temporary reporting points, if established, may
be published via Local Notices to Mariners, general broadcast or the
VTS User's Manual.

Sec. 161.21 Sailing Plan Deviation Report (DR).

A vessel must report:
(a) When its ETA to a destination varies significantly from a
previously reported ETA;
(b) Any intention to deviate from a VTS issued measure or vessel
traffic routing system; or
(c) Any significant deviation from previously reported information.

Sec. 161.22 Final Report (FR).

A vessel must report its name and position:
(a) On arrival at its destination; or
(b) When leaving a VTS area.

Sec. 161.23 Reporting exemptions.

(a) Unless otherwise directed, the following vessels are exempted
from providing Position and Final Reports due to the nature of their
operation:
(1) Vessels on a published schedule and route;
(2) Vessels operating within an area of a radius of three nautical
miles or less; or
(3) Vessels escorting another vessel or assisting another vessel in
maneuvering procedures.
(b) A vessel described in paragraph (a) of this section must:
(1) Provide a Sailing Plan at least 5 minutes but not more than 15
minutes before navigating within the VTS area; and
(2) If it departs from its promulgated schedule by more than 15
minutes or changes its limited operating area, make the established
VMRS reports, or report as directed.
(c) In those VTS areas capable of receiving automated position
reports from Automated Dependent Surveillance Shipborne Equipment
(ADSSE) as required by Sec. 164.43 of this chapter and where ADSSE is
required, vessels equipped with an operating ADSSE are not required to
make voice radio position reports at designated reporting points as
required by Sec. 161.20(b) of this part, unless otherwise directed by
the VTC.
(1) Whenever an ADSSE becomes non-operational as defined in
Sec. 164.43(c) of this chapter, before entering or while underway in a
VTS area, a vessel must:
(i) Notify the VTC;
(ii) Make voice radio position reports at designated reporting
points as required by Sec. 161.20(b) of this part;
(iii) Make other voice radio reports as directed; and
(iv) Restore the ADSSE to operating condition as soon as possible.
(2) Whenever an ADSSE becomes non-operational due to a loss of
position correction information (i.e., the U.S. Coast Guard
differential global positioning system (dGPS) cannot provide the
required error correction messages) a vessel must:
(i) Make required voice radio position reports at designated
reporting points required by Sec. 161.20(b) of this part; and
(ii) Make other voice radio reports as directed.

Note: Regulations pertaining to ADSSE required capabilities are
set forth in Sec. 164.43 of this chapter.

Subpart C--Vessel Traffic Service Areas, Cooperative Vessel Traffic
Service Area, Vessel Traffic Service Special Areas and Reporting
Points.

Note: All geographic coordinates contained in part 161 (latitude
and longitude) are expressed in North American Datum of 1983 (NAD
83).

Sec. 161.25 Vessel Traffic Service New York.

The VTS area consists of the waters of the Lower New York Bay
bounded to the east by a line drawn from Norton Point to Breezy Point,
then south to the entrance buoys at Ambrose, Sandy Hook and Swash
Channels, and to the west by a line drawn in the Raritan Bay from Great
Kills Light on Staten Island to Point Comfort in New Jersey. In
addition, VTS New York encompasses the Upper New York Bay waters to the
west, including the Kill Van Kull south to the AK Railroad Bridge and
Newark Bay north to the Lehigh Valley Draw Bridge, and in the Hudson
River, north to a line drawn east-west from the Holland Tunnel
ventilator shaft at 40-43.7' N., 74-01.6' W., and east to the Brooklyn
Bridge.

Sec. 161.30 Vessel Traffic Service Louisville.

The VTS area consists of the navigable waters of the Ohio River
between McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593),
only when the McAlpine upper pool gauge is at 13.0 feet or above.

Sec. 161.35 Vessel Traffic Service Houston/Galveston.

(a) The VTS area consists of the following major waterways and
portions of connecting waterways: Galveston Bay Entrance Channel; Outer
Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston
Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile
352; Texas City Channel; Texas City Turning Basin; Texas City Canal
Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport
Channel; Bayport Turning Basin; Houston Turning Basin; and the
following precautionary areas associated with these waterways.
(b) Precautionary Areas.

------------------------------------------------------------------------
Center point
Precautionary area name Radius -------------------------------
(yds.) Latitude Longitude
------------------------------------------------------------------------
Bolivar Roads................ 4000 29-20.90' N 94-47.00' W
Red Fish Bar................. 4000 29-29.80' N 94-51.90' W
Bayport Channel.............. 4000 29-36.70' N 94-57.20' W
Morgans Point................ 2000 29-41.00' N 94-59.00' W
Upper San Jacinto Bay........ 1000 29-42.33' N 95-01.08' W
Baytown...................... 1000 29-43.57' N 95-01.40' W
Lynchburg.................... 1000 29-45.78' N 95-04.80' W
Carpenter Bayou.............. 1000 29-45.28' N 95-05.60' W
Jacintoport.................. 1000 29-44.82' N 95-06.02' W
Greens Bayou................. 1000 29-44.78' N 95-10.16' W
Hunting Bayou................ 1000 29-44.33' N 95-12.10' W
Sims Bayou................... 1000 29-43.11' N 95-14.35' W
Brady Island................. 1000 29-43.53' N 95-16.35' W
Buffalo Bayou................ 1000 29-44.98' N 95-17.32' W
------------------------------------------------------------------------

Note: Each Precautionary Area encompasses a circular area of the
radius denoted.

----------------------------------------------------------------------------------------------------------------
Geographic description Latitude
Designator Geographic name Longitude Notes
----------------------------------------------------------------------------------------------------------------
1...................... Galveston Bay Entrance Galveston Bay Entrance 29-18.25' N
Channel. Bay Lighted Buoy (LB) 94-37.60' W
``GB''.
2...................... Galveston Bay Entrance Galveston Bay Entrance 29-20.63' N ......................
Channel. Channel LB 11 and 12. 94-44.62' W
E...................... Bolivar Land Cut...... Mile 349 Intracoastal 29-22.48' N Tows entering HSC also
Waterway (ICW). 94-46.91' W report at HSC LB 25 &
26.
W...................... Pelican Cut........... Mile 351 Intracoastal 29-21.40' N Tows entering HSC also
Waterway (ICW). 94-48.42' W report at HSC LB 25 &
26.
GCG.................... Galveston Harbor...... USCG Base. At the 29-20.00' N ......................
entrance to Galveston 94-46.50' W
Harbor.
T...................... Texas City Channel.... Texas City Channel LB 29-22.40' N ......................
12. 94-50.90' W
X...................... Houston Ship Channel Houston Ship Channel 29-22.08' N Tows entering HSC from
ICW Intersection. (HSC) LB 25 and 26. 94-48.13' W ICW or Texas Cut Only
3...................... Lower Galveston Bay... Houston Ship Channel 29-23.40' N ......................
LB 31 and 32. 94-48.80' W
4...................... Red Fish Reef......... Red Fish Bar Lt. 1 and 29-30.46' N ......................
2. 94-52.58' W
P...................... Bayport Ship Channel.. Bayport Ship Channel 29-36.82' N Report at the North
Lt. 7 and 8. 94-59.81' W Land Cut
4A..................... Upper Galveston Bay... HSC Buoys 69 and 70... 29-34.67' N Tows only
94-55.81' W
5...................... Morgan's Point........ Barbour's Cut......... 29-41.00' N Abeam Barbours Cut
94-58.93' W
6...................... Exxon................. Baytown Bend.......... 29-43.22' N ......................
95-01.27' W
7...................... Lynchburg............. Ferry crossing........ 29-45.78' N ......................
95-04.77' W
8...................... Shell Oil............. Boggy Bayou........... 29-44.06' N
95-07.95' W
9...................... Greens Bayou.......... Greens Bayou.......... 29-44.78' N
95-10.11' W
10..................... Hess Turning Basin.... Hunting Bayou Turning 29-44.21' N ......................
Basin. 95-12.23' W
11..................... Lyondell Turning Basin Sims Bayou Turning 29-43.20' N ......................
Basin. 95-14.35' W
12..................... I-610 Bridge.......... I-610 Bridge.......... 29-43.50' N
95-15.98' W
13..................... Houston Turning Basin. Buffalo Bayou......... 29-45.00' N
95-17.30' W
----------------------------------------------------------------------------------------------------------------

Sec. 161.40 Vessel Traffic Service Berwick Bay.

(a) The VTS area consists of the navigable waters of the following
segments of waterways: the Intracoastal Waterway (ICW) Morgan City to
Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW
from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL;
the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122;
from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one
statute mile along Bayou Shaffer; and from Berwick Lock northwest one
statute mile along the Lower Atchafalaya River.
(b) VTS Special Area. The Berwick Bay VTS Special Area consists of
those waters within a 1000 yard radius of the Southern Pacific Railroad
Bridge located at Mile .03 MC/PA.
(c) Reporting Points.

Sec. 161.45 Vessel Traffic Service St. Marys River.

(a) The VTS area consists of the navigable waters of the St. Marys
River and lower Whitefish Bay from 45-57' N. (De Tour Reef Light) to
the south, to 46-38.7' N. (Ile Parisienne Light) to the north, except
the waters of the St. Marys Falls Canal, and to the east along a line
from La Pointe to Sims Point, within Potagannissing Bay and Worsley
Bay.
(b) Reporting Points.

Sec. 161.50 Vessel Traffic Service San Francisco.

(a) The VTS area consists of all the navigable waters of San
Francisco Bay Region south of the Mare Island Causeway Bridge and the
Petaluma River Entrance Lights ``1'' and ``2'' and north of Redwood
City; its seaward approaches within a 38 nautical mile radius of Mount
Tamalpais (37-55.8' N., 122-34.6' W.); and its navigable tributaries as
far east as the port of Stockton on the San Joaquin River, as far north
as the port of Sacramento on the Sacramento River.

Sec. 161.55 Vessel Traffic Service Puget Sound and the Cooperative
Vessel Traffic Service for the Juan de Fuca Region.

The Vessel Traffic Service Puget Sound area consists of the
navigable waters of the United States bounded by a line drawn from the
Washington State coastline at 48-23'08'' N., 124-43'37'' W. on Cape
Flattery to the Cape Flattery Light at 48-23'30'' N., 124-44'12'' W. on
Tatoosh Island, due west to the U.S. Territorial Sea Boundary; thence
northward along the U.S. Territorial Sea Boundary to its intersection
with the U.S./Canada International Boundary; thence east along the
U.S./Canada International Boundary through the waters known as the
Strait of Juan de Fuca, Haro Strait, Boundary Pass, and the Strait of
Georgia to the Washington State coastline at 49-00'06'' N., 122-45'18''
W. (International Boundary Range C Rear Light). This area includes:
Puget Sound, Hood Canal, Possession Sound, the San Juan Island
Archipelago, Rosario Strait, Guemes Channel, Bellingham Bay, the U.S.
waters of the Strait of Juan de Fuca and the Strait of Georgia, and all
waters adjacent to the above.
(b) Vessel Traffic Service Puget Sound participates in a U.S./
Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage
vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de
Fuca Region consists of all waters of the Strait of Juan de Fuca and
its offshore approaches, southern Georgia Strait, the Gulf and San Juan
Archipelagos, Rosario Strait, Boundary Pass and Haro Strait, bounded on
the northwest by 48-35'45'' N.; and on the southwest by 48-23'30'' N.;
and on the west by the rhumb line joining 48-35'45'' N., 124-47'30'' W.
with 48-23'30'' N., 124-48'37'' W.; and on the northeast in the Strait
of Georgia, by a line drawn along 49-N. from Vancouver Island to
Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point
on the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian
and United States Vessel Traffic Centers (Tofino, B.C., Canada,
Vancouver, BC, Canada and Seattle, WA) manage traffic within the CVTS
area irrespective of the International Boundary.
(c) VTS Special Areas. (1) The Rosario Strait VTS Special Area
consists of those waters bounded to the south by the center of
Precautionary Area ``RB'' (a circular area of 2,500 yards radius
centered at 48-26'24'' N., 122-45'12'' W.), and to the north by the
center of Precautionary Area ``C'' (a circular area of 2,500 yards
radius centered at 48-40'34'' N., 122-42'44'' W.; Lighted Buoy ``C'');
and

Note: The center of precautionary area ``RB'' is not marked by a
buoy. All precautionary areas are depicted on National Oceanic and
Atmospheric Administration (NOAA) nautical charts.

(2) The Guemes Channel VTS Special Area consists of those waters
bounded to the west by Shannon Point on Fidalgo Island and to the east
by Southeast Point on Guemes Island.
(d) Additional VTS Special Area Operating Requirements. The
following additional requirements are applicable in the Rosario Strait
and Guemes Channel VTS Special Areas:
(1) A vessel engaged in towing shall not impede the passage of a
vessel of 40,000 dead weight tons or more.
(2) A vessel of less than 40,000 dead weight tons is exempt from
the provision set forth in Sec. 161.13(b)(1) of this part.
(3) A vessel of less than 100 meters in length is exempt from the
provisions set forth in Sec. 161.13(b)(3) of this part. Approval will
not be granted for:
(i) A vessel of 100 meters or more in length to meet or overtake;
or cross or operate within 2,000 yards (except when crossing astern) of
a vessel of 40,000 dead weight tons or more; or
(ii) A vessel of 40,000 dead weight tons or more to meet or
overtake; or cross or operate within 2,000 yards (except when crossing
astern) of a vessel of 100 meters or more in length.
(e) Reporting Point. Inbound vessels in the Strait of Juan de Fuca
upon crossing 124-W.

Sec. 161.60 Vessel Traffic Service Prince William Sound.

(a) The VTS area consists of the navigable waters of the United
States north of a line drawn from Cape Hinchinbrook Light to Schooner
Rock Light, comprising that portion of Prince William Sound between
146-30' W. and 147-20' W. and includes Valdez Arm, Valdez Narrows and
Port Valdez.
(b) The Valdez Narrows VTS Special Area consists of those waters of
Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing
307- True from Tongue Point at 61-02'06'' N., 146-40' W.; and southwest
of a line bearing 307- True from Entrance Island Light at 61-05'06''
N., 146-36'42'' W.
(c) Additional VTS Special Area Operating Requirements. The
following additional requirements are applicable in the Valdez Narrows
VTS Special Area:
(1) No VMRS User shall proceed north of 61-N. without prior
approval of the VTS.
(2) Approval to enter this area will not be granted to a VMRS User
when a tank vessel of 20,000 dead weight tons or more is navigating
therein. A VMRS User that is northbound and intends to navigate the VTS
Special Area shall remain south of 61-N. until the tank vessel has
exited the area.
(3) When hazardous ice conditions exist, as determined by the VTS,
the VTS Special Area will be extended south to a line from 60-50'02''
N., 147-03'42'' W.; to 60-49'05'' N., 146-58'49'' W. Additionally, a
VMRS User proceeding northbound shall not navigate north of 60-40' N.,
without prior approval of the VTS.
(4) Subparagraph (c)(3) of this section does not apply to:
(i) A vessel of 1,600 gross tons or less;
(ii) A vessel escort; or
(iii) A public vessel of the Alaska Marine Highway system.
(d) Reporting Points.

----------------------------------------------------------------------------------------------------------------
Latitude/
Designator Geographic name Geographic description longitude Notes
----------------------------------------------------------------------------------------------------------------
1A..................... Cape Hinchinbrook..... Cape Hinchinbrook..... 60-16'18'' N Northbound Only.
146-45'30'' W
1B..................... Schooner Rock......... Schooner Rock......... 60-18'42'' N Southbound Only.
146-51'36'' W
2A..................... Naked Island.......... Naked Island.......... 60-40'00'' N Northbound Only.
147-01'24'' W
2B..................... Naked Island.......... Naked Island.......... 60-40'00'' N Southbound Only.
147-05'00'' W
3A..................... Bligh Reef............ Bligh Reef Light 60-50'36'' N Northbound Only.
(Pilot Embark). 146-57'30'' W
3B..................... Bligh Reef............ Bligh Reef Light 60-51'00'' N Southbound Only.
(Pilot Disembark). 147-01'24'' W
4A..................... Rocky Point........... Rocky Point........... 60-57'48'' N Northbound Only.
146-48'00'' W
4B..................... Rocky Point........... Rocky Point........... 60-57'48'' N Southbound Only.
146-51'00'' W
5...................... Entrance Island....... Entrance Island Light. 61-05'24'' N
146-37'30'' W
----------------------------------------------------------------------------------------------------------------

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

13. The authority citation for part 162 continues to read as
follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

14. Section 162.100 is added to read as follows:

Sec. 162.100 Ohio River at Louisville, KY.

(a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has
established four pairs of emergency mooring bouys. Each buoy is 10 feet
in diameter with retro-reflective sides. The two buoys which comprise
each pair are 585 feet apart and are located approximately at:
(1) Indiana Bank--Mile 582.3 (near 18 Mile Island);
(2) Six Mile Island--Mile 597.5;
(3) Six Mile Island--Mile 598.2; and
(4) Kentucky Bank--Mile 599.8 (Cox's Park).

Note: All buoys, except those at Six Mile Island--Mile 598.2,
are removed between May 1 and September 30. Due to the close
proximity of the municipal water intakes, mooring of tank vessels
laden with petroleum products or hazardous materials is not
authorized on the Kentucky Bank, Mile 599.8 (Cox's Park).

(b) The regulations. A vessel must not use the emergency mooring
buoys that have been established by the U.S. Army Corps of Engineers,
unless specifically authorized. The Captain of the Port, upon request,
may authorize the use of the emergency mooring buoys by downbound
towing vessels that are awaiting Vessel Traffic Center approval to
proceed.

15. Section 162.117 is added to read as follows:

Sec. 162.117 St. Marys River, Sault Ste. Marie, Michigan.

(a) The area. The waters of the St. Marys River and lower Whitefish
Bay from 45-57' N. (De Tour Reef Light) to the south, to 46-38.7' N.
(Ile Parisienne Light) to the north, except the waters of the St. Marys
Falls Canal, and to the east along a line from La Pointe to Sims Point,
within Potagannissing Bay and Worsley Bay.
(b) Definitions. As used in this section:
Two-way route means a directional route within defined limits
inside which two-way traffic is established, and which is intended to
improve safety in waters where navigation is difficult.
Two-way traffic means that traffic flow is permitted in opposing
directions, but a vessel may not meet, cross, nor overtake any other
vessel in such a manner that it would be abreast of more than one other
vessel within the defined limits of a waterway.
(c) Anchoring Restrictions. A vessel must not anchor:
(1) Within the waters between Brush Point and the waterworks intake
crib off Big Point southward of the Point Aux Pins range; or
(2) Within .2 nautical miles of the intake crib off Big Point.
(d) Traffic Rules. (1) A vessel must proceed only in the
established direction of traffic flow in the following waters:
(i) West Neebish Channel from Buoy ``53'' to Buoy ``1''--downbound
traffic only;
(ii) Pipe Island Course from Sweets Point to Watson Reefs Light-
downbound traffic only.
(iii) Middle Neebish Channel from Buoy ``2'' to Buoy ``76''--
upbound traffic only; and
(iv) Pipe Island Passage to the east of Pipe Island Shoal and north
of Pipe Island Twins from Watson Reefs Light to Sweets Point--upbound
traffic only.
(2) A vessel 350 feet or more in length must not overtake or
approach within .2 nautical miles of another vessel proceeding in the
same direction in the following waterways:
(i) West Neebish Channel between Nine Mile Point and Munuscong Lake
Junction Lighted Bell Buoy;
(ii) Middle Neebish Channel between Munuscong Lake Junction Lighted
Bell Buoy and Nine Mile Point; and
(iii) Little Rapids Cut from Six Mile Point to Buoy ``102''.
(3) When two-way traffic is authorized in Middle Neebish Channel, a
vessel 350 feet or more in length must not meet, cross, or overtake
another vessel at:
(i) Johnson Point from Buoy ``18'' to Buoy ``22'';
(ii) Mirre Point from Buoy ``26'' to Buoy ``28''; or
(iii) Stribling Point from Buoy ``39'' to Buoy ``43''.
(4) Paragraph (d)(2) of this section does not apply to a vessel
navigating through an ice field.
(e) Winter Navigation. During the winter navigation season, the
following waterways are normally closed:
(1) West Neebish Channel, from Buoy ``53' to Buoy ``1'';
(2) Pipe Island Passage to the east of Pipe Island Shoal; and
(3) North of Pipe Island Twins, from Watson Reef Light to Sweets
Point.
(f) Alternate Winter Navigation Routes. (1) When West Neebish
Channel is closed, Middle Neebish Channel (from Buoy ``2'' to Buoy
``76'') will be open either as a two-way route or an alternating one
way traffic lane.
(i) When Middle Neebish Channel is a two-way route:
(A) An upbound vessel must use the easterly 197 feet of the
channel. However, a vessel of draft 20 feet or more must not proceed
prior to Vessel Traffic Center approval; and
(B) A downbound vessel must use the westerly 295 feet of the
channel.
(ii) When Middle Neebish Channel is an alternating one-way traffic
lane. A vessel must use the westerly 295 feet of the channel in the
established direction of traffic flow.
(2) When Pipe Island Passage is closed, Pipe Island Course is a
two-way route.

Note: The Vessel Traffic Service closes or opens these channels
as ice conditions require after giving due consideration to the
protection of the marine environment, waterway improvements, aids to
navigation, the need for cross channel traffic (e.g., ferries), the
availability of icebreakers, and the safety of the island residents
who, in the course of their daily business, must use naturally
formed ice bridges for transportation to and from the mainland.
Under normal seasonal conditions, only one closing each winter and
one opening each spring are anticipated. Prior to closing or opening
these channels, interested parties including both shipping entities
and island residents, will be given at least 72 hours notice by the
Coast Guard.

(g) Speed Rules. (1) The following speed limits indicate speed over
the ground. Vessels must adhere to the following speed limits:

------------------------------------------------------------------------
Maximum speed limit between Mph Kts
------------------------------------------------------------------------
De Tour Reef Light and Sweets Point Light............. 14 12.2
Round Island Light and Point Aux Frenes Light ``21''.. 14 12.2
Munuscong Lake Lighted Buoy ``8'' and Everens Point... 12 10.4
Everens Point and Reed Point.......................... 9 7.8
Reed Point and Lake Nicolet Lighted Buoy ``62''....... 10 8.7
Lake Nicolet Lighted Buoy ``62'' and Lake Nicolet
Light ``80''......................................... 12 10.4
Lake Nicolet Light ``80'' and Winter Point (West
Neebish Channel)..................................... 10 8.7
Lake Nicolet Light ``80'' and Six Mile Point Range
Rear Light........................................... 10 8.7
Six Mile Point Range Rear Light and lower limit of the
St. Marys Falls Canal
Upbound........................................... 8 7.0
Downbound......................................... 10 8.7
Upper limit of the St. Marys Falls Canal and Point Aux
Pins Main Light...................................... 12 10.4
------------------------------------------------------------------------
Note: A vessel must not navigate any dredged channel at a speed of less
than 5 statute miles per hour (4.3 knots).

(2) Temporary speed limit regulations may be established by Vessel
Traffic Service St. Marys River. Notice of the temporary speed limits
and their effective dates and termination are published in the Federal
Register and Local Notice to Mariners. These temporary speed limits, if
imposed, will normally be placed in effect and terminated during the
winter navigation season.
(h) Towing Requirement. A towing vessel must: (1) Maintain positive
control of its tow south of Gros Cap Reef Light;
(2) Not impede the passage of any other vessel;
(3) Not tow a vessel of 200 feet or less in length with a tow line
longer than 250 feet; and
(4) Not tow a vessel of 200 feet or more in length with a tow line
longer than the length of the towed vessel plus 50 feet.

PART 164--NAVIGATION SAFETY REGULATIONS

16. The authority citation for part 164 continues to read as
follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46.
Sec. 164.13 also issued under 46 U.S.C. 8502 sec. 4114(a), Public
Law 101-380, 104 Stat. 517 (46 U.S.C. 3703 note). Sec. 164.61 also
issued under 46 U.S.C. 6101.

17. Section 164.03 is revised to read as follows:

Sec. 164.03 Incorporation by Reference.

(a) * * *
(b) The materials approved for incorporation by reference in this
part and the sections affected are:
Radio Technical Commission For Maritime Services (RTCM), 655
Fifteenth St., N.W., Suite 300, Washington, D.C. 20005

Minimum Performance Standards (MPS) Marine Loran C Receiving Equipment,
RTCM Paper 12-78/DO-100, 1977--164.41
RTCM Recommended Standards for Differential NAVSTAR GPS Service,
Version 2.0, RTCM Paper 134-89/SC 104-68, 1990--164.43
* * * * *
18. Section 164.43 is added to read as follows:

Sec. 164.43 Automated Dependent Surveillance Shipborne Equipment.

(a) Each vessel required to provide automated position reports to a
Vessel Traffic Service (VTS) must do so by an installed Automated
Dependent Surveillance Shipborne Equipment (ADSSE) system consisting of
a:
(1) Twelve-channel all-in-view Differential Global Positioning
System (dGPS) receiver;
(2) Marine band Non-Directional Beacon receiver capable of
receiving dGPS error correction messages;
(3) VHF--FM transceiver capable of Digital Selective Calling (DSC)
on the designated DSC frequency; and
(4) Control unit.
(b) An ADSSE must have the following capabilities:
(1) Use dGPS to sense the position of the vessel and determine the
time of the position using Universal Coordinated Time (UTC);
(2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16
messages, as specified in RTCM Recommended Standards for Differential
NAVSTAR GPS Service in determining the required information;
(3) Achieve a position error which is less than ten meters (32.8
feet) 2 distance root mean square (2 drms) from the true North American
Datum of 1983 (NAD 83) in the position information transmitted to a
VTS;
(4) Achieve a course error of less than 0.5 degrees from true
course over ground in the course information transmitted to a VTS;
(5) Achieve a speed error of less than 0.05 knots from true speed
over ground in the speed information transmitted to a VTS;
(6) Receive and comply with commands broadcast from a VTS as DSC
messages on the designated DSC frequency;
(7) Receive and comply with RTCM messages broadcast as minimum
shift keying modulated medium frequency signals in the marine
radiobeacon band, and supply the messages to the dGPS receiver;
(8) Transmit the vessel's position, tagged with the UTC at position
solution, course over ground, speed over ground, and Lloyd's
identification number to a VTS;
(9) Display a visual alarm to indicate to shipboard personnel when
a failure to receive or utilize the RTCM messages occurs;
(10) Display a separate visual alarm which is triggered by a VTS
utilizing a DSC message to indicate to shipboard personnel that the
U.S. Coast Guard dGPS system cannot provide the required error
correction messages; and
(11) Display two RTCM type 16 messages, one of which must display
the position error in the position error broadcast.
(c) An ADSSE is considered non-operational if it fails to meet the
requirements of paragraph (b) of this section.

Note: Vessel Traffic Service (VTS) areas and operating
procedures are set forth in Part 161 of this chapter.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

19. The authority citation for part 165 continues to read as
follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and, 160.5; 49 CFR 1.46.

Subpart F--[Amended]

20. Section 165.809 is added to read as follows:

Sec. 165.809 Mississippi River, LA.

(a) Purpose and Applicability. Section 165.810 prescribes rules for
vessel operation in the Mississippi River below Baton Rouge, LA,
including South and Southwest Passes, to assist in the prevention of
collisions and groundings and to protect the navigable waters of the
Mississippi River from environmental harm resulting from those
incidents.

21. Section 165.811 is added to read as follows:

Sec. 165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation
area.

(a) The following is a regulated navigation area: the waters of the
Atchafalaya River in Berwick Bay bounded on the northside from 2,000
yards north of the U.S. 90 Highway Bridge and on the southside from
4,000 yards south of the Southern Pacific Railroad (SPRR) Bridge.
(b) Within the regulated navigation area described in paragraph (a)
of this section, Sec. 161.40 of this chapter establishes a VTS Special
Area for waters within a 1000 yard radius of the SPRR Bridge.
(c) When the Morgan City River gauge reads 3.0 feet or above mean
sea level, in addition to the requirements set forth in Sec. 161.13 of
this chapter, the requirements of paragraph (d) and (e) of this section
apply to a towing vessel which will navigate:
(1) under the lift span of the SPRR Bridge; or
(2) through the navigational opening of the U.S. 90 Highway Bridge:
or
(3) through the navigational opening of the Highway 182 Bridge.
(d) Towing requirements. (1) Towing on a hawser is not authorized,
except that one self-propelled vessel may tow one other vessel without
barges upbound;
(2) A towing vessel and barges must be arranged in tandem, except
that one vessel may tow one other vessel alongside;
(3) Length of tow must not exceed 1,180 feet; and
(4) Tows with a box end in the lead must not exceed 400 feet in
length.

Note: The variation in the draft and the beam of the barges in a
multi-barge tow should be minimized in order to avoid unnecessary
strain on coupling wires.

(e) Horsepower Requirement. (1) The following requirements apply to
a towing vessel of 3,000 hp or less:

Minimum Available Horsepower Requirement
[The greater value listed.]
------------------------------------------------------------------------
Direction of tow Daytime (sunrise to Nighttime (sunset to
sunset) sunrise)
------------------------------------------------------------------------
Upbound......... 400hp or (Length of tow-- 600hp or (Length of tow--
300ft) x 3. 200ft) x 3.
Downbound....... 600hp or (Length of tow-- 600hp or (Length of tow)
200ft) x 3. x 3.
------------------------------------------------------------------------
Note: A 5% variance from the available horsepower is authorized.

(2) All tows carrying cargoes of particular hazard as defined in
Sec. 160.203 of this chapter must have available horsepower of at least
600 hp or three times the length of tow, whichever is greater.
(f) Notice of Requirements. Notice that these rules are anticipated
to be put into effect, or are in effect, will be given by:
(1) Marine information broadcasts;
(2) Notices to mariners;
(3) Vessel Traffic Center advisories or upon vessel information
request; and
(4) Visual displays on top of the SPRR Bridge, consisting of:
(i) Two vertically arranged red balls by day; or
(ii) Two horizontally arranged flashing white lights by night.

Note: Visual displays are not shown during precautionary periods
(when the Morgan City River Gauge reads 2.5 feet above mean sea
level). However, precautionary notices will be issued via marine
notice to mariners, notice to mariners, VTC advisories or vessel
information requests, when water level remains at or above 2.5 feet.
Visual displays are Class I, private aids to navigation maintained
by SPRR Bridge.

22. Section 165.1303 is added to read as follows:

Sec. 165.1303 Puget Sound and adjacent waters, WA-regulated navigation
area.

(a) The following is a regulated navigation area: the waters of the
United States east of a line extending from Discovery Island Light to
New Dungeness Light and all points in the Puget Sound area north and
south of these lights.
(b) Regulations. (1) Tank vessel navigation restrictions: Tank
vessels larger than 125,000 deadweight tons bound for a port or place
in the United States may not operate in the regulated navigation area.
(2) A vessel in a precautionary area which is depicted on National
Oceanic and Atmospheric Administration (NOAA) nautical charts, except
precautionary area ``RB'' (a circular area of 2,500 yards radius
centered at 48-26'24'' N., 122-45'12'' W.), must keep the center of the
precautionary area to port.

Note: The center of precautionary area ``RB'' is not marked by a
buoy.

23. Section 165.1704 is added to read as follows:

Sec. 165.1704 Prince William Sound, Alaska-regulated navigation area.

(a) The following is a regulated navigation area: The navigable
waters of the United States north of a line drawn from Cape
Hinchinbrook Light to Schooner Rock Light, comprising that portion of
Prince William Sound between 146-30' W. and 147-20' W. and includes
Valdez Arm, Valdez Narrows, and Port Valdez.
(b) Within the regulated navigation area described in paragraph (a)
of this section, Sec. 161.60 of this chapter establishes a VTS Special
Area for the waters of Valdez Arm, Valdez Narrows, and Port Valdez
northeast of a line bearing 307- True from Tongue Point at 61-02'06''
N., 146-40' W.; and southwest of a line bearing 307- True from Entrance
Island Light at 61-05'06'' N., 146-36'42'' W.
(c) Regulations. In addition to the requirements set forth in
Sec. 161.13 and Sec. 161.60(c) of this chapter, a tank vessel of 20,000
deadweight tons or more that intends to navigate within the regulated
navigation area must:
(1) Report compliance with part 164 of this chapter, to the Vessel
Traffic Center (VTC);
(2) Have at least two radiotelephones capable of operating on the
designated VTS frequency, one of which is capable of battery operation;
(3) When steady wind conditions in the VTS Special Area or Port
Valdez exceed, or are anticipated to exceed 40 knots, proceed as
directed by the VTC (entry into the VTS Special Area and Port Valdez is
prohibited);
(4) When steady wind conditions, at the designated anchorage
(Knowles Head), in Prince William Sound exceed:
(i) 40 knots: not anchor within Prince William Sound, or if at
anchor, must strictly adhere to Sec. 164.19 of this chapter, including
maintaining a constant bridge watch and placing the entire main
propulsion system on immediate standby;
(ii) 45 knots or any dragging of the anchor occurs: weigh anchor
and proceed as directed by the VTC;
(5) When transiting the VTS Special Area, limit speed to 12 knots;
(6) If laden and intending to navigate the VTS Special Area, limit
speed to 12 knots except between Middle Rock and Potato Point where the
speed limit shall be 6 knots; and
(7) Not later than July 1, 1994, have an operating Automated
Dependent Surveillance Shipborne Equipment (ADSSE) system installed.
(i) The designated digital selective calling frequency (DSC) in
Prince William Sound is 156.525MHz (VHF Channel 70).
(ii) ADSSE equipped vessels will not be required to make voice
radio position reports at designated reporting points required by
Sec. 161.20(b), unless otherwise directed by the VTC.
(iii) Whenever a vessel's ADSSE becomes non-operational, as defined
in Sec. 164.43(c) of this chapter, before entering or while underway in
the VTS area, a vessel must:
(A) Notify the VTC;
(B) Make the required voice radio position reports as set forth in
Sec. 161.60 and required by Sec. 161.20(b) of this chapter;
(C) Make other voice radio reports as required by the VTS; and
(D) Restore the ADSSE to operating condition as soon as possible.
(iv) Whenever a vessel's ADSSE becomes non-operational due to a
loss of position correction information (i.e., the U.S. Coast Guard
dGPS system cannot provide the required error correction messages) a
vessel must:
(A) Make the required voice radio position reports as set forth in
Sec. 161.60 and required by Sec. 161.20(b) of this chapter; and
(B) Make other voice radio reports as required by the VTS.
(v) Whenever a vessel's ADSSE becomes non-operational before
getting underway in the VTS area, permission to get underway must be
obtained from the VTC.

Note: Regulations pertaining to Automated Dependent Surveillance
Shipborne Equipment (ADSSE) required capabilities are set forth in
Part 164 of this chapter.

Dated: June 24, 1994.
G.A. Penington,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterways Services.
[FR Doc. 94-17138 Filed 7-14-94; 8:45 am]
BILLING CODE 4910-14-P