[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Proposed Rules]
[Pages 71369-71373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32840]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0, 80, and 90
[WT Docket No. 99-332; FCC 99-348]
Making the Frequency 156.250 MHz Available for Port Operations
Purposes in Los Angeles and Long Beach, CA Ports
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend the Commission's rules to
designate marine VHF Channel 05A for
[[Page 71370]]
port operations communications in Los Angeles and Long Beach,
California ports. The effect of this rule is that it will foster
reliable marine communications and increase safe vessel transit in the
ports. The action will allow the LA/LB Pilots to manage vessel traffic
in that area more efficiently and protect the marine environment by
preventing collisions and groundings.
DATES: Comments must be submitted on or before January 18, 2000 and
reply comments are due on or before February 1, 2000.
FOR FURTHER INFORMATION CONTACT: James Shaffer of the Commission's
Wireless Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION:
1. This is a summary of the Commission's Notice of Proposed Rule
Making FCC 99-348, adopted on November 15, 1999, and released on
November 19, 1999. 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 CY A257, 445 12th Street, SW,
Washington, DC. The complete text may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, NW, Washington, DC 20037.
Summary of Notice of Proposed Rule Making
2. By letter the Los Angeles and Long Beach Port Pilots (jointly,
LA/LB Pilots) request the assignment of an intership marine VHF channel
dedicated to port operations (namely, pilot-tug communications) in the
Ports of Los Angeles and Long Beach, California. They note that marine
VHF Channels 01A (156.050 MHz), 05A (156.250 MHz), and 63A (156.175
MHz) are currently used for U.S. Coast Guard (Coast Guard) designated
Vessel Traffic Service (VTS) systems in defined areas of the United
States. The LA/LB Pilots recommend that one of these frequencies be
designated for intership communications regarding port operations to
improve vessel traffic safety in the Los Angeles and Long Beach port
area. In this Notice of Proposed Rule Making, we propose to amend part
80 of the Commission's rules to designate marine VHF Channel 05A for
port operations communications in Los Angeles and Long Beach,
California ports. We believe that this action will foster reliable
marine communications and increase safe vessel transit in the ports.
3. The LA/LB Pilots state that the ports of Los Angeles and Long
Beach are among the busiest in the world, with considerable vessel
congestion. In this type of environment, harbor pilots rely upon clear
and effective radio communications with tugs to help ensure the safe
ingress and egress of large vessels. The LA/LB Pilots note that there
is only one frequency, marine VHF Channel 77 (156.875 MHz), dedicated
to intership communications related to port operations. The
Commission's rules provide that Channel 77 ``is limited to
communications with pilots regarding the movement and docking of
ships,'' and that ``[n]ormal output power must not exceed 1 watt.'' The
LA/LB Pilots state that marine VHF Channel 77 is frequently congested.
They further contend that while output power is limited to one watt,
communications often carry over from one port to the other and there is
interference when more than one ship is maneuvering in or out of port.
4. The LA/LB Pilots note that marine VHF Channels 01A (156.050
MHz), 05A (156.250 MHz), and 63A (156.175 MHz) are used for
communications related to port operations in certain Coast Guard-
designated VTS areas. Specifically, the frequencies 156.050 MHz and
156.175 MHz are currently allocated in the United States to the Public
Safety Pool in the private land mobile radio services; however, they
were made available to maritime radio users for commercial and port
operation purposes in a portion of the Coast Guard-designated New
Orleans VTS system. The frequency 156.250 MHz, which is currently
allocated to maritime mobile radio, was made available for port
operations purposes within the Coast Guard-designated Houston and New
Orleans VTS systems, and Seattle VTS system. The LA/LB Pilots state
that their monitoring of these channels detected no users in the area
of the Ports of Los Angeles and Long Beach.
5. In addition, the Los Angeles/Long Beach Harbor Safety Committee
(LA/LB Safety Committee) note that the Coast Guard and Marine Exchange
of Los Angeles-Long Beach Harbor, Inc., acting for the State of
California, currently have a Memorandum of Agreement in which the Coast
Guard agrees to provide personnel support for the operation of an
interim Vessel Traffic Information Service (VTIS). The VTIS system is
an advisory communications service to coordinate vessel movement and
prevent damage to or loss of vessels, bridges or other structures, and
to protect these waters and associated natural resources from
environmental harm resulting from such damage or loss. Vessels report,
by voice, information related to position, navigation and conditions
affecting navigation to the Coast Guard, which tracks the vessels'
movements. The LA/LB Safety Committee also recommend the use of either
marine VHF Channels 01A, 05A, or 63A for intership communications
related to port operations in the Los Angeles and Long Beach ports.
6. The LA/LB Pilots also note that authorities responsible for port
safety, including the Coast Guard, the California Office of Oil Spill
Response and Prevention, and the LA/LB Harbor Safety Committee, fully
support the request. The Southern California Marine Radio Council
(SCMRC), which is the FCC-designated marine VHF frequency coordinating
committee for this region, also supports this request.
7. As an initial step to provide some relief for frequency
congestion in communications related to port operations in the Los
Angeles and Long Beach port areas the feasibility of using frequency
156.250 MHz for intership communications was investigated in
conjunction with the Coast Guard and industry. This frequency had not
been previously assigned, other than in Coast Guard-designated Houston,
New Orleans, and Seattle VTS systems because of its band edge location
and the resultant potential harmful interference with land mobile radio
assignments on the adjacent public safety frequency 156.240 MHz.
However, after reviewing assignments in the Los Angeles and Long Beach
area it appears that 156.250 MHz could be utilized without harmful
interference to existing radio operations as it is not assigned for
public safety purposes. Therefore, we believe it is in the public
interest to provide in the Rules for the use of frequency 156.250 MHz
(marine VHF Channel 05A) in the Los Angeles and Long Beach port areas
to alleviate the communications congestion related to port operations.
Thus, we propose to amend Sec. 80.373 of the Commission's rules to so
provide. Further, we propose to make assignments on Public Safety Pool
frequencies of 156.240 and 156.2475 MHz within 100 miles of the
geographic center of Los Angeles, defined as 34 deg. 03' 15'' north
latitude and 118 deg. 14' 28'' west longitude, secondary to marine port
operations on 156.250 MHz. We propose to amend Sec. 90.20 of the
Commission's rules to indicate the aforementioned secondary status. We
seek comment on these proposals.
8. Accordingly, effective upon the adoption date of this Notice of
Proposed Rule Making, no applications for public safety pool
frequencies of 156.240 and
[[Page 71371]]
156.2475 MHz within 100 miles of the geographic center of Los Angeles
will be accepted for filing during the pendency of the Notice of
Proposed Rule Making. Any applications received on or after this date
will be returned as unacceptable for filing.
9. We note that currently there are no private coast stations
authorized to operate on marine VHF Channel 05A within the Los Angeles
and Long Beach area. We propose not to authorize future private coast
stations on this channel if we ultimately designate marine VHF Channel
05A for port operations. The Marine Exchange of Los Angeles-Long Beach
Harbor, Inc., which operates the VTIS for the ports of Los Angeles and
Long Beach, describes its area of responsibility as within a 25-
nautical mile radius of Point Fermin. We propose to designate this area
as the radio protection area for port operations on 156.250 MHz. We do
not believe that such an approach would adversely affect private coast
operations. In this connection, Wireless Telecommunications Bureau
staff would assist future applicants in finding suitable alternative
channels to Channel 05A. We seek comment on this proposal.
10. Finally, we propose to amend Sec. 0.331 of the Commission's
rules to authorize the Chief, Wireless Telecommunications Bureau to
amend the maritime service rules at the request of the United States
Coast Guard to indicate that the use of marine VHF frequencies in
defined port areas are available for intership communications related
to port operations to alleviate the communications congestion related
to port operations. We believe that this approach 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. We seek comment on this proposal.
11. We conclude that permitting frequency 156.250 MHz (marine VHF
Channel 05A) for intership communications related to port operations in
the Los Angeles and Long Beach, California ports will allow the LA/LB
Pilots to manage vessel traffic in that area more efficiently and
protect the marine environment by preventing vessel collisions and
groundings. We are proposing, therefore, to amend Sec. 80.373(f) of the
Commission's rules to indicate that frequency 156.250 MHz (marine VHF
Channel 05A) is available only for intership communications related to
port operations within the Los Angeles and Long Beach harbor areas. The
radio protection area will be defined as ``within a 25-nautical mile
radius of Point Fermin, California.'' Additionally, we are proposing to
amend Sec. 90.20(c) of the Commission's rules to indicate that
assignments on public safety pool frequencies of 156.240 and 156.2475
MHz within 100 miles of the geographic center of Los Angeles are
secondary to marine port operations on 156.250 MHz.
Procedural Matters
12. Ex Parte Presentations. This Notice of Proposed Rule Making is
a permit-but-disclose notice and comment rule making proceeding. Ex
parte presentations are permitted, provided they are disclosed as
provided in Commission Rules.
13. Pleading Dates. Pursuant to Sections 1.415 and 1.419 of the
Commission's rules, interested parties may file comments on or before
January 18, 2000, and reply comments on or before February 1, 2000.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
14. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions for
e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and
should include the following words in the body of the message, ``get
form .'' A sample form and directions will be sent
in reply.
15. Parties who choose to file by paper must file an original and
four copies of each filing. If more than one docket or rulemaking
number appear in the caption of this proceeding, commenters must submit
two additional copies for each additional docket or rulemaking number.
All filings must be sent to the Commission's Secretary, Magalie Roman
Salas, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Room TW-B204, Washington, DC 20554.
16. Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be submitted to: Public
Safety and Private Wireless Division, Wireless Telecommunications
Bureau, 445 12th Street, SW, Washington, DC 20554. Such a submission
should be on a 3.5 inch diskette formatted in an IBM compatible format
using WordPerfect 5.1 for Windows or compatible software. The diskette
should be accompanied by a cover letter and should be submitted in
``read only'' mode. The diskette should be clearly labeled with the
commenter's name, proceeding (including the docket number in this case,
type of pleading (comment or reply comment), date of submission, and
the name of the electronic file on the diskette. The label should also
include the following phrase: ``Disk Copy--Not an Original.'' Each
diskette should contain only one party's pleadings, preferably in a
single electronic file. In addition, commenters must send diskette
copies to the Commission's copy contractor, International Transcription
Service, Inc., 1231 20th Street, NW, Washington, DC 20037.
Initial Regulatory Flexibility Act Analyses
17. As required by the Regulatory Flexibility Act,1 the
Commission has prepared an Initial Regulatory Flexibility Analysis of
the possible impact on small entities of the proposals suggested in the
Notice of Proposed Rule Making. See Appendix A. Written public comments
are requested on the Initial Regulatory Flexibility Analysis. These
comments must be filed in accordance with the same filing deadlines as
comments on the rest of this Notice but they must have a separate and
distinct heading designating them as responses to the Initial
Regulatory Flexibility Analysis. The Office of Public Affairs,
Reference Operations Division, will send a copy of this Notice of
Proposed Rule Making, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
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\1\ See 5 U.S.C. 603.
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Ordering Clauses
18. Authority for issuance of this Notice of Proposed Rule Making
is contained in Sections 4(i), 4(j), 303(r), and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and
403.
19. NOTICE IS HEREBY GIVEN and COMMENT IS SOUGHT on the proposed
regulatory changes described
[[Page 71372]]
in the Notice of Proposed Rule Making, as set forth in Proposed rules.
20. IT IS FURTHER ORDERED that the Commission's Office of Public
Affairs, Reference Operations Division, SHALL SEND a copy of this
Notice of Proposed Rule Making, including the Initial Regulatory
Flexibility Analyses, to the Chief Counsel for Advocacy of the Small
Business Administration.
21. IT IS FURTHER ORDERED that effective upon the release date of
this Notice of Proposed Rule Making, no applications will be accepted
for filing for the public safety frequencies of 156.240 and 156.2475
MHz within 100 miles of the geographic center of Los Angeles, defined
as 34 deg. 03' 15'' north latitude and 118 deg. 14' 28'' west
longitude. This freeze will continue until the Commission makes an
announcement that such applications acceptance will resume.
Initial Regulatory Flexibility Analysis
As required by section 603 of the Regulatory Flexibility
Act,2 the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the expected significant economic impact
on small entities by the policies and rules proposed in the Amendment
of parts 0, 80, and 90 of the Commission's rules to Make the Frequency
156.250 MHz Available for Port Operations Purposes in Los Angeles and
Long Beach, CA Ports. Written public comments are requested on the
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on the Amendment of parts 0, 80,
and 90 of the Commission's rules to Make the Frequency 156.250 MHz
Available for Port Operations Purposes in Los Angeles and Long Beach,
CA Ports, provided in paragraph 11 of the item. The Commission will
send a copy of the Amendment of parts 0, 80, and 90 of the Commission's
rules to Make the Frequency 156.250 MHz Available for Port Operations
Purposes in Los Angeles and Long Beach, CA Ports, including this IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration.
See 5 U.S.C. 603(a). In addition, the Amendment of parts 0, 80, and 90
of the Commission's rules to Make the Frequency 156.250 MHz Available
for Port Operations Purposes in Los Angeles and Long Beach, CA Ports
and IRFA (or summaries thereof) will be published in the Federal
Register. See id.
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\2\ 5 U.S.C. 603.
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I. Need for and Objectives of the Proposed Rule
The purpose of this Notice is to determine whether it is in the
public interest, convenience, and necessity to amend our rules to allow
frequency 156.250 MHz (marine VHF Channel 05A) to be used for
communications related to port operations in the Los Angeles and Long
Beach harbor areas. These proposed actions should protect the marine
environment and increase the safety and efficiency of navigation and
movement of ship by allowing the LA/LB Pilots to manage vessel traffic
in that area more efficiently.
II. Legal Basis:
Authority for issuance of this Notice of Proposed Rule Making is
contained in Sections 4(i) and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i) and 303(r).
III. Description and Estimate of the Number of Small Entities to Which
Rule Will Apply
The proposed amendments will affect small businesses in the marine
radio services that use a marine VHF radio. Neither the Commission nor
the SBA has developed a definition of small entities applicable to
marine radio services that use a marine VHF radio. Therefore, the
applicable definition of small entity is the definition under the SBA
rules applicable to radiotelephone (wireless) companies. This provides
that a small entity is a radiotelephone company employing no more than
1,500 persons. According to the Bureau of the Census, only twelve
radiotelephone firms out of a total of 1,178 such firms which operated
during 1992 had 1,000 or more employees. Therefore, even if all twelve
of these firms were companies that used a marine VHF radio, nearly all
such companies were small businesses under the SBA's definition. We
invite comment on whether this is the correct definition to use in this
context.
IV. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
There are no reporting, recordkeeping and other compliance
requirements proposed.
V. Significant Alternatives to Proposed Rules Which Minimize
Significant Economic Impact on Small Entities and Accomplish Stated
Objectives
The proposed rules would make frequency 156.250 MHz (marine VHF
Channel 05A) available for intership communications related to port
operations in the Los Angeles and Long Beach harbor areas. We believe
that this flexible approach allows the LA/LB Pilots to manage vessel
traffic in the Los Angeles and Long Beach harbor areas more efficiently
and protect the marine environment by preventing vessel collisions and
groundings. Currently under the rules frequency 156.250 MHz is
currently allocated to maritime mobile and was made available for port
operations purposes within the Coast Guard designated Houston and New
Orleans, and Seattle Vessel Traffic Service (VTS) systems. We seek
comments on whether the proposed amendment are sufficient to alleviate
the communications congestion related to port operations in the Los
Angeles and Long Beach harbor areas. This decision benefits small
entities and seeks to ensure reliable marine communications, increase
safe vessel transit to protect U.S. waters and associated natural
resources from environmental harm, and increase port efficiency thereby
promoting growth within the shipping community.
VI. Federal Rules Which Overlap, Duplicate or Conflict With These Rules
None.
List of Subjects
47 CFR Part 0
Administrative practice and procedure.
47 CFR Part 80
Communications equipment, marine safety.
47 CFR Part 90
Communications equipment.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Proposed Rules
Title 47 of the Code of Federal Regulations, parts 0, 80 and 90,
are proposed to be amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
2. Section 0.331 is amended by adding new paragraph (d)(3) to read
as follows:
Sec. 0.331 Authority delegated.
* * * * *
(d) * * *
(3) Designate by footnote to frequency table in Sec. 80.373(f) of
this chapter marine VHF frequencies are available
[[Page 71373]]
for intership port operations communications in defined port areas.
PART 80--STATIONS IN THE MARITIME SERVICES
3. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 307 (e), 309 and 322, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307 (e), 309 and 322 unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105,
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12
UST 2377.
4. In Sec. 80.373 (f), footnote 2 to the table is amended as
follows:
Sec. 80.373 Private communications frequencies.
* * * * *
\2\ 156.250 MHz is available for port operations communications
use only within the U.S. Coast Guard designated VTS radio protection
areas of New Orleans and Houston described in Sec. 80.383. 156.250
MHz is available for intership port operations communications used
only within the area of Los Angeles and Long Beach harbors, within a
25-nautical mile radius of Point Fermin, California.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
5. The authority citation for part 90 continues to read as follows:
Authority: Secs. 4, 251-2, 303, 309 and 322, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 322 unless
otherwise noted.
6. Section 90.20 is amended by revising the table in paragraph (c)
(3) and by adding paragraph (d)(79) to read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
(3) * * *
Public Safety Pool Frequency Table
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Frequency or band Class of station(s) Limitations Coordinator
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* * * * * * *
156.240.......................... do................... 43, 79.................. PH
156.2475......................... do................... 43, 44, 79.............. PH
* * * * * * *
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* * * * *
(d) * * *
(79) This frequency will be secondary to marine port operations
within 100 miles of Los Angeles (coordinates 34 deg. 03' 15'' north
latitude and 118 deg. 14' 28'' west longitude).
* * * * *
[FR Doc. 99-32840 Filed 12-20-99; 8:45 am]
BILLING CODE 6712-01-P
