[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Proposed Rules]
[Pages 47543-47544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22635]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[WT Docket No. 95-132; FCC 95-352]


Designate Sault Ste. Marie, Michigan; San Francisco, California, 
and Morgan City, Louisiana as a Radio Protection Area for Mandatory 
Vessel Traffic Services (VTS)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has proposed rules to add Sault Ste. Marie, 
Michigan; San Francisco, California, and Morgan City, Louisiana to the 
United States Coast Guard (Coast Guard) designated radio protection 
areas for mandatory VTS and establish marine VHF Channel 12 as the VTS 
frequency for Sault Ste. Marie, Michigan; San Francisco, California; 
and Channel 11 as the VTS frequency for Morgan City, Louisiana. This 
action is in response to a request from the Coast Guard. The 
designation of Sault Ste. Marie, Michigan; San Francisco, California; 
and Morgan City, Louisiana as a VTS areas will allow the Coast Guard to 
manage vessel traffic in a more efficient manner.

DATES: Comments must be submitted on or before October 23, 1995; Reply 
comments on or before November 7, 1995.

FOR FURTHER INFORMATION CONTACT: James Shaffer, (202) 418-0680, 
Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making FCC 95-352, adopted August 9, 1995, and 
released August 30, 1995. The full text of this Notice of Proposed Rule 
Making is available for inspection and copying during normal business 
hours in the FCC Reference Center, Room 239, 1919 M Street, N.W., 
Washington, D.C. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 2100 M Street, Suite 140, Washington, D.C. 20037, telephone (202) 
857-3800.

Summary of Notice of Proposed Rule Making

    1. The Coast Guard filed a petition (RM-8500, 8592, 8598), Public 
Notice No. 2023 and 2057, requesting that the Commission amend Part 80 
of the Rules, 47 CFR Part 80, to add Sault Ste. Marie, Michigan; San 
Francisco, California; and Morgan City, Louisiana to the Coast 

[[Page 47544]]
Guard designated radio protection areas for mandatory VTS and 
established marine VHF Channel 12 as the VTS frequency for Sault Ste. 
Marie, Michigan; San Francisco, California; and Channel 11 as the VTS 
frequency for Morgan City, Louisiana.
    2. Under the Ports and Waterways Safety Act of 1972, as amended by 
the Port and Tanker Safety Act of 1978 and the Oil Pollution Act of 
1990, the Coast Guard may construct, operate, maintain, improve or 
expand VTS systems in any port or place under the jurisdiction of the 
United States, including the navigable waters of the United States, or 
in any covered by an international agreement negotiated pursuant to 33 
U.S.C. Sec. 1230. The Ports and Waterways Safety Act requires certain 
designated vessels which operate in a VTS area to utilize and comply 
with the VTS. Marine accidents in recent years have underscored the 
need for improving safety on the nation's waterways. Moreover, Congress 
mandated VTS participation in section 4107 of the Oil Pollution Act, 33 
U.S.C. Sec. 1223(a)(2). The Coast Guard has amended its VTS regulations 
to make participation in all VTS systems mandatory. A VTS system 
instills order and predictability on a waterway by coordinating vessel 
movements through the collection, verification, organization, and 
dissemination of information.
    3. Designating Sault Ste. Marie and Berwick Bay as VTS areas will 
allow the Coast Guard to manage vessel traffic in those areas more 
efficiently and will help protect the marine environment by preventing 
vessel collisions and groundings. We propose, therefore, to add Sault 
Ste. Marie and Berwick Bay to the Commission's list of designated radio 
protection area for VTS systems specified in Section 80.383. The radio 
protection area for Sault Ste. Marie will be defined as ``The rectangle 
between North latitudes 45 degrees and 47 degrees, and West longitudes 
83 degrees and 85 degrees.'' The radio protection area for Berwick Bay 
will be defined as ``The rectangle between North latitudes 28 degrees 
30 minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50 
minutes and 92 degrees.'' This area is part of the New Orleans VTS 
which discontinued operations on July 30, 1988, due to budgetary 
constraints.
    4. We propose to designate Channel 12 (156.600 MHz) as a second 
radio frequency for use within the San Francisco VTS radio protection 
area. The density of vessel traffic in the San Francisco Bay, which 
includes numerous recreational boats, ferries and commercial fishing 
boats, severely constrains the ability of large vessels to maneuver in 
the event of an emergency. The Coast Guard states that with mandatory 
participation, the current VTS channel, Channel 14 (156.700 MHz), will 
be inadequate to ensure safe and reliable communications in this busy 
and environmentally sensitive area. The addition of Channel 12 will 
permit increased navigational safety in the area by organizing traffic 
flow patterns, reduced meeting, crossing and overtaking situations 
between large vessels in tight spaces, and limited vessel speed. We 
propose to permit private coast stations currently authorized on 
Channel 12 within the proposed San Francisco VTS area to operate until 
the end of their current license term on a noninterference basis.\1\ 
The staff will help affected licensees find suitable alternative 
channels. No fee will be charged for affected stations that apply for 
modification for an alternative channel before their next renewal.

    \1\ There currently are six licensed private coast stations 
within the proposed designated radio protected area that would be 
affected by this proposal.
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    5. We propose to amend Section 0.331 to authorize the Chief, 
Wireless Telecommunications Bureau to amend the maritime service rules 
at the request of the United States Coast Guard to designate radio 
protection areas for mandatory VTS and establish marine channels as VTS 
frequencies for these areas. This will allow the Commission to expedite 
these requests, which will increase safe vessel transit and protect 
U.S. waters and associated natural resources from environmental harm.
    6. We certify that the Regulatory Flexibility Act of 1980 does not 
apply to this rule making proceeding because if the proposed rule 
amendments are promulgated, there will not be a significant economic 
impact on a substantial number of small business entities, as defined 
by Section 601(3) of the Regulatory Flexibility Act. The change 
proposed herein will have a beneficial effect on the marine community 
by allowing the Coast Guard to manage vessel traffic in the Prince 
William Sound area in a more efficient manner. The Secretary shall send 
a copy of this Notice of Proposed Rule Making, including the 
certification, to the Chief Counsel for Proposed Rule Making, including 
the certification, to the Chief Counsel for Advocacy of the Small 
Business Administration in accordance with paragraph 605(b) of the 
Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C. 
Secs. 601-612 (1980).

List of Subjects in 47 CFR Part 80

    Communications equipment, Marine safety.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-22635 Filed 9-12-95; 8:45 am]
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