[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]


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Part V





Department of Transportation





_______________________________________________________________________



Coast Guard



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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.

    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.

    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.

    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.

    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.

    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.

     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.

    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.

    (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.

    (c) Reporting Points. 

----------------------------------------------------------------------------------------------------------------
                                                 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. 

----------------------------------------------------------------------------------------------------------------
                                                 Geographic description      Latitude                           
      Designator            Geographic name                                 Longitude             Notes         
----------------------------------------------------------------------------------------------------------------
1......................  Stouts Pass...........  Stouts Point Light      29-43'47'' N     ......................
                                                  ``1'' Mile 113-        91-13'25'' W                           
                                                  Atchafalaya River.                                            
2......................  Berwick Lock..........  Mile 1.9 MC/PA........  29-43'10'' N     If transiting the     
                                                                         91-13'28'' W      Lock.                
3......................  Conrad's Point          Buoy ``1'' Mile 1.5 MC/ 29-42'32'' N     ......................
                          Junction.               PA.                    91-13'14'' W                           
4......................  Swift Ships Flat Lake   Mile 3 MC/PA..........  29-43'26'' N     ......................
                          Junction.                                      91-12'22'' W                           
5......................  South Pacific Railroad  Mile 0.3 MC/PA........  29-41'34'' N     ......................
                          Bridge.                                        91-12'44'' W                           
6......................  20 Grant Point          Bayou Boeuf-            29-41'18'' N     ......................
                          Junction.               Atchafalaya R. Mile    91-12'36'' W                           
                                                  95.5 ICW.                                                     
7......................  ICW...................  Overhead Power Cable    29-40'43'' N     ......................
                                                  Mile 96.5 ICW.         91-13'18'' W                           
8......................  Wax Bayou Junction....  Light ``A'' Mile 98.2W  29-39'29'' N     ......................
                                                  ICW.                   91-14'46'' W                           
9......................  Shaffer Junction......  ICW-Bayou Shaffer Mile  29-41'10'' N     ......................
                                                  94.5 ICW.              91-11'38'' W                           
----------------------------------------------------------------------------------------------------------------

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. 

----------------------------------------------------------------------------------------------------------------
                                                 Geographic description      Latitude                           
      Designator            Geographic name                                 Longitude             Notes         
----------------------------------------------------------------------------------------------------------------
1......................  Ile Parisienne........  Ile Parisienne Light..  46-37.3' N       Downbound only.       
                                                                         84-45.9' W                             
2......................  Gros Cap Reef.........  Gros Cap Reefs Light..  46-30.6' N       Upbound only.         
                                                                         84-45.9' W                             
3......................  Round Island..........  Round Island Light 32.  46-26.9' N       ......................
                                                                         84-31.7' W                             
4......................  Pointe Louise.........  Pointe Louise Light...  46-27.8' N       ......................
                                                                         84-45.9' W                             
5......................  Clear of Locks........  East End of Locks.....  46-30.1' N       Downbound only.       
                                                                         84-45.9' W                             
6......................  Clear of Locks........  West End of Locks.....  46-30.1' N       Upbound               
                                                                         84-22.8' W                             
7......................  Mission Point.........  Light 99..............  46-29.2' N       ......................
                                                                         84-18.1' W                             
8......................  Six Mile Point........  Six Mile Point........  46-26.1' N       ......................
                                                                         84-12.4' W                             
9......................  Nine Mile Point.......  Light 80..............  46-23.5' N       ......................
                                                                         84-14.1' W                             
10.....................  West Neebish Channel..  Light 29..............  46-16.9' N       Downbound only.       
                                                                         84-12.5' W                             
11.....................  Munuscong Lake          Lighted Junction Buoy.  46-10.8' N       ......................
                          Junction.                                      84-05.6' W                             
12.....................  De Tour Reef..........  De Tour Reef Light....  46-56.9' N       ......................
                                                                         83-53.7' W                             
----------------------------------------------------------------------------------------------------------------

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