Federal Register, Volume 61 Issue 169 (Thursday, August 29, 1996)

[Federal Register Volume 61, Number 169 (Thursday, August 29, 1996)]
[Rules and Regulations]
[Pages 45323-45327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21733]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 26 and 161

[CGD 92-052]
RIN 2115-AE36

Vessel Traffic Service New York Area

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is expanding the boundaries of Vessel Traffic
Service New York (VTSNY) Area. This expansion provides the Vessel
Traffic Center (VTC) with a more complete vessel traffic image for the
entrances to New York Harbor via Ambrose Channel, Raritan Bay, and Long
Island Sound. The expansion also furnishes additional information on
weather conditions and potential hazards to navigation. As a result,
the VTSNY area expansion will assist in safer and more efficient vessel
transits in the congested New York Harbor channels and reduce the
potential for groundings, rammings, and collisions.

EFFECTIVE DATE: This rule is effective on December 1, 1996.

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:
Irene Hoffman, Project Manager, Office of Vessel Traffic Management.
The telephone number is 202-267-6277.

SUPPLEMENTARY INFORMATION:

Regulatory History

On August 27, 1990, the Coast Guard published a final rule entitled
`'Regulations for Required Participation in Vessel Traffic Service, New
York`` which established mandatory vessel participation in VTSNY (55 FR
34908). The rule became effective on February 15, 1991.
The original VTSNY Area was bounded by the Verrazano-Narrows Bridge
to the south, the Brooklyn Bridge and Holland Tunnel to the east and
north, Kill Van Kull to the Arthur Kill Railroad Bridge, and Newark Bay
to the Lehigh Valley Draw Bridge.
On May 25, 1993, the Coast Guard published an NPRM to expand the
VTSNY area in three phases (58 FR 30098). Phase I would expand VTSNY's
required participation area from the existing boundary at the
Verrazano-Narrows Bridge south to the entrance buoys at Ambrose, Swash,
and Sandy Hook Channels in Lower New York Bay, and west into Raritan
Bay terminating at a line from Great Kills Light on Staten Island to
Point Comfort in New Jersey.
Phase II would expand the VTSNY area to encompass the Arthur Kill,
south from the boundary at the Arthur Kill Railroad Bridge to the line
in Raritan Bay, described above in the Phase I description. The Raritan
River above the Raritan River Railroad Bridge is not included within
the VTSNY area.
Phase III would expand the VTSNY boundary at the Brooklyn Bridge up
the East River to the Throgs Neck Bridge. The Coast Guard received two
letters commenting on the proposal which were addressed in the Interim
Final Rule (58 FR 460081, Sept. 1, 1993) implementing Phase I of the
VTSNY area expansion.

Background and Purpose

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.), as
amended by Port and Tanker Safety Act of 1978 and the Oil Pollution Act
of 1990, provides authority for the Secretary of the Department of
Transportation to construct, operate, maintain, improve or expand
vessel traffic services. The Secretary has delegated this authority to
the Commandant, U.S. Coast Guard.
Existing regulations require compliance with reporting and
participation procedures for certain vessels entering and operating
within the VTSNY area. VTSNY has a

[[Page 45324]]

surveillance system and radiotelephone network for collecting and
disseminating information within this prescribed area.
The expansion of VTSNY furnishes additional information on weather
conditions, traffic congestion, and potential hazards to navigation.
This information is then relayed to vessels operating in the expanded
area, permitting them to respond to conditions as necessary.

Discussion of Changes

In the NPRM, the Coast Guard proposed to expand VTSNY's area
incrementally. There were to be two interim final rules for Phases I
and II and a final rule encompassing Phase III. However, due to
construction and software development delays and funding problems,
Phases II and III will be implemented together in this final rule. The
interim final rule implementing Phase I expansion area will also be
adopted as final in this rule.
There will be a ``VTS User Familiarization'' period between August
29, 1996, through November 30, 1996. This familiarization period will
allow both the VTS operators and VTS Users to gradually become familiar
with the new service area before participation becomes mandatory.
During the ``VTS User Familiarization'' period, the VTC will be
prepared to provide VTS services and vessels will be encouraged to
participate voluntarily in using the VTS services in the expanded area.
The combined Phase II and III expanded areas extend into the
Raritan Bay and north through the Aurthur Kill, connecting with the
existing VTSNY boundary at the Aurthur Kill Railroad Bridge; and from
the existing VTSNY boundary at the Brooklyn Bridge up the East River to
the Throgs Neck Bridge.
The tables contained in 33 CFR parts 26 and 161 which describe the
radio frequency monitoring areas assigned to the VTSNY Area are being
modified to coincide with the effective date of the area expansion.
The Coast Guard and VTS Users of the VTSNY area recently evaluated
the usage levels of the radiotelephone frequencies assigned to VTSNY.
This evaluation concluded that VHF-FM Channel 14 was overloaded and
Channel 11 was under-used. To correct this disparity and distribute the
voice communications equally among the available radio frequencies, the
reporting and monitoring frequencies for VTS New York have been
changed. Vessel Movement Reporting System (VMRS) participants will now
make their initial Sail Plan Report on Channel 11. The Final Report and
all other reports will be made on Channel 14. VMRS participants and
other VTS Users will monitor Channel 14 while transiting the VTS area.
Vessels will not be required to monitor Channels 11 and 14
simultaneously. Instead of having two distinct frequency monitoring
areas, the required monitoring areas for VHF-FM Channel 11 and Channel
14 will now extend throughout the VTS area.

Regulatory Evaluation

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. Most
vessels that are affected by this rule are already required to
participate in VTSNY. The expansion of the VTS area only requires
vessels to communicate with the VTC earlier than presently required. In
some cases, vessels are already voluntarily participating in the
expanded areas. This final rule does not impose a measurable impact on
these vessels.

Small Entities

The cost to small entities will not be significant because the
expansion of VTSNY area only requires certain vessels to communicate
with the VTC earlier than presently required. This requirement will
have little impact on vessels that are affected by this rule.
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

This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
it does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.

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 rule is categorically excluded from further
environmental documentation. Section 2.B.2.1 of that instruction
excludes administrative action and procedural regulations and policies
which clearly do not have any environmental impact. ``A Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES. This rule, which is primarily
administrative, requires the Master, Pilot or person directing the
movement of a vessel to participate in an expanded VTSNY area. No
significant effect on the environment is expected. The Coast Guard also
recognizes that this rulemaking may have a positive effect on the
environment by minimizing the risk of environmental harm.

List of Subjects

33 CFR Part 26

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

33 CFR Part 161

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

Accordingly, the interim final rule amending 33 CFR Part 161 which
was published at 58 FR 46081 on September 1, 1993, is adopted as final
without change and 33 CFR parts 26 and 161 are amended as follows:

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

1. The authority citation for part 26 continues 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. 1203 note).

2. In Sec. 26.03, Table 26.03(f) is revised to read as follows:

[[Page 45325]]

Table 26.03(f).--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
Vessel traffic services \1\ Designated frequency \2\ (channel
call sign designation) Monitoring area
----------------------------------------------------------------------------------------------------------------
New York \3\
New York Traffic \4\.... 156.550 MHz (Ch. 11) and................ The navigable waters of the Lower New
156.700 MHz (Ch. 14).................... York Harbor bounded on the east by a
line drawn from Norton Point to Breezy
Point; on the south by a line
connecting the entrance buoys at the
Ambrose Channel, Swash Channel and
Sandy Hook Channel to Sandy Hook Point;
and on the southeast including the
waters of the Sandy Hook Bay south to a
line drawn at latitude 40 deg.25' N.;
then west into waters of the Raritan
Bay to the Raritan River Rail Road
Bridge; and then north including the
waters of the Arthur Kill and Newark
Bay to the Lehigh Valley Draw Bridge at
latitude 40 deg.41.95' N.; and then
east including the waters of the Kill
Van Kull and Upper New York Bay north
to a line drawn east-west from the
Holland Tunnel Ventilator Shaft at
latitude 40 deg.43.7' N.; longitude 74
deg.01.6' W. in the Hudson River; and
continuing east including the waters of
the East River to the Throgs Neck
Bridge, excluding the Harlem River.
156.600 MHz (Ch. 12).................... Each vessel at anchor within the above
areas.
Houston \3\ The navigable waters north 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 29 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 45c 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 \3\
San Francisco Offshore 156.600 MHz (Ch. 12).................... The waters within a 38 nautical mile
Vessel Movement radius of Mount Tamalpais (37 deg.55.8'
Reporting Service. 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 \5\
Seattle Traffic \6\..... 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 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 \7\...... 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 \8\
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 \8\
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.
----------------------------------------------------------------------------------------------------------------

[[Page 45326]]

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\VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550
MHz). All other reports, including the Final Report, shall be made on Channel 14 (156.700 MHz). VMRS and other
VTS Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS area. New York Traffic may direct a
vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or
other safety factors. This does not require a vessel to monitor both primary frequencies.
\5\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.
\6\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.
\7\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.
\8\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 26.05 of this chapter is not limited to the monitoring area.

PART 161--VESSEL TRAFFIC MANAGEMENT

3. The authority citation for part 161 continues to read as
follows:

Authority: 33 U.S.C. 1231; 33 U.S.C. 1232, 49 CFR 1.46.

4. In Sec. 161.12, Table 161.12(b) is revised to read as follows:

Table 161.12(b).--Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
Vessel traffic services call Designated^{1 frequency (channel
sign designation) Monitoring area
----------------------------------------------------------------------------------------------------------------
New York ^{2
New York Traffic ^{3......... 156.550 MHz (Ch. 11) and........... The navigable waters of the Lower New York
156.700 MHz (Ch. 14)............... Harbor bounded on the east by a line
drawn from Norton Point to Breezy Point;
on the south by a line connecting the
entrance buoys at the Ambrose Channel,
Swash Channel and Sandy Hook Channel to
Sandy Hook Point; and on the southeast
including the waters of the Sandy Hook
Bay south to a line drawn at latitude 40
deg.25'N.; then west into waters of the
Raritan Bay to the Raritan River Rail
Road Bridge; and then north including the
waters of the Arthur Kill and Newark Bay
to the Lehigh Valley Draw Bridge at
latitude 40 deg.41.95'N.; and then east
including the waters of the Kill Van Kull
and Upper New York Bay north to a line
drawn east-west from the Holland Tunnel
Ventilator Shaft at latitude 40
deg.43.7'N.; longitude 74 deg.01.6'W. in
the Hudson River; and continuing east
including the waters of the East River to
the Throgs Neck Bridge, excluding the
Harlem River.
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 29
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.
(LaPointe to Sims Point in Potagannissing
Bay and Worsley Bay).
San Francisco ^{2
San Francisco Offshore 156.600 MHz (Ch. 12)............... The waters within a 38 nautical mile
Vessel Movement. radius of Mount Tamalpais (37
deg.55.8'N., 122 deg.34.6'W.) excluding
the San Francisco Offshore Precautionary
Area.
Reporting Service San 156.700 MHz (Ch. 14)............... The waters of the San Francisco Offshore
Francisco Traffic. Precautionary Area eastward to San
Francisco Bay including its tributaries
extending to the ports of Stockton,
Sacramento and Redwood City.
Puget Sound ^{4
Seattle Traffic ^{5.......... 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.

[[Page 45327]]

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 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 ^{6........... 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 ^{7
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 ^{7
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 VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550 MHz).
All other reports, including the Final Report, shall be made on Channel 14 (156.700 MHz). VMRS and other VTS
Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS area. New York Traffic may direct a
vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or
other safety factors. This does not require a vessel to monitor both primary frequencies.
^{4 A Cooperative Vessel Traffic Service was established by the Untied 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
26.05 of this chapter is not limited to the monitoring area.

5. Section 161.25 is revised to read as follows:

Sec. 161.25 Vessel Traffic Service New York Area.

The area consists of the navigable waters of the Lower New York
Harbor bounded on the east by a line drawn from Norton Point to Breezy
Point; on the south by a line connecting the entrance buoys at the
Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook
Point; and on the southeast including the waters of Sandy Hook Bay
south to a line drawn at latitude 40 deg.25'N.; then west into waters
of the Raritan Bay to the Raritan River Rail Road Bridge; and then
north including the waters of the Arthur Kill and Newark Bay to the
Lehigh Valley Draw Bridge at latitude 40 deg.41.9'N.; and then east
including the waters of the Kill Van Kull and Upper New York Bay north
to a line drawn east-west from the Holland Tunnel Ventilator Shaft at
latitude 40 deg.43.7'N., longitude 74 deg.01.6'W. in the Hudson River;
and then continuing east including the waters of the East River to the
Throgs Neck Bridge, excluding the Harlem River.

Note: Although mandatory participation in VTSNY is limited to
the area within the navigable waters of the United States, VTSNY
will provide services beyond those waters. Prospective users are
encouraged to report beyond the area of required participation in
order to facilitate advance vessel traffic management in the VTS
area and to receive VTSNY advisories and/or assistance.

Dated: August 20, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-21733 Filed 8-28-96; 8:45 am]
BILLING CODE 4910-14-M}}}}}}}}}}}}}}}}}