[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      Designated1 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