[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26464-26466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13099]
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[[Page 26465]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 80
[WT Docket No. 95-132; FCC 96-201]
Vessel Traffic Services (VTS)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission is adding Sault Ste. Marie, Michigan; San
Francisco, California; and Morgan City, Louisiana to the United States
Coast Guard (Coast Guard) designated radio protection areas for
mandatory VTS and establishing marine VHF Channel 12 as the VTS
frequency for Sault Ste. Marie, Michigan; San Francisco, California;
and Channel 11 as the VTS frequency for Morgan City, Louisiana. This
action is in response to a request from the Coast Guard. The
designation of Sault Ste. Marie, Michigan; San Francisco, California;
and Morgan City, Louisiana as a VTS areas will allow the Coast Guard to
manage vessel traffic in a more efficient manner.
EFFECTIVE DATE: June 27, 1996.
FOR FURTHER INFORMATION CONTACT: James Shaffer, (202) 418-0680,
Wireless Telecommunications Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 95-201, adopted May 1, 1996, and released May 9, 1996.
The full text of this Report and Order is available for inspection and
copying during normal business hours in the FCC Reference Center, Room
239, 1919 M Street, N.W., Washington, D.C. The complete text may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., 2100 M Street, Suite 140, Washington, D.C.
20037, telephone (202) 857-3800.
Summary of Report and Order
1. The Coast Guard filed petitions (RM-8500, 8592, 8598), Public
Notice No. 2023 and 2057, requesting that the Commission amend Part 80
of the Rules, 47 CFR Part 80, to add Sault Ste. Marie, Michigan; San
Francisco, California; and Morgan City, Louisiana to the Coast Guard
designated radio protection areas for mandatory VTS and establish
marine VHF Channel 12 as the VTS frequency for Sault Ste. Marie,
Michigan; San Francisco, California; and Channel 11 as the VTS
frequency for Morgan City, Louisiana.
2. Under the Ports and Waterways Safety Act of 1972, as amended by
the Port and Tanker Safety Act of 1978 and the Oil Pollution Act of
1990, the Coast Guard may construct, operate, maintain, improve or
expand VTS systems in any port or place under the jurisdiction of the
United States, including the navigable waters of the United States, or
in any area covered by an international agreement negotiated pursuant
to 33 U.S.C. 1230. The Ports and Waterways Safety Act requires certain
designated vessels which operate in a VTS area to utilize and comply
with the VTS. Marine accidents in recent years have underscored the
need for improving safety on the nation's waterways. Moreover, Congress
mandated VTS participation in section 4107 of the Oil Pollution Act ,
33 U.S.C. 1223(a)(2). The Coast Guard has amended its VTS regulations
to make participation in all VTS systems mandatory. A VTS system
instills order and predictability on a waterway by coordinating vessel
movements through the collection, verification, organization, and
dissemination of information.
3. Designating Sault Ste. Marie and Berwick Bay as VTS areas will
allow the Coast Guard to manage vessel traffic in those areas more
efficiently and will help protect the marine environment by preventing
vessel collisions and groundings. Therefore, we are adding Sault Ste.
Marie and Berwick Bay to the Commission's list of designated radio
protection areas for VTS systems specified in Section 80.383. The radio
protection area for Sault Ste. Marie will be defined as ``The rectangle
between North latitudes 45 degrees and 47 degrees, and West longitudes
83 degrees and 85 degrees.'' The radio protection area for Berwick Bay
will be defined as ``The rectangle between North latitudes 28 degrees
30 minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50
minutes and 92 degrees.'' This area is part of the New Orleans VTS
which discontinued operations on July 30, 1988, due to budgetary
constraints.
4. We also designate Channel 12 (156.600 MHz) as a second radio
frequency for use within the San Francisco VTS radio protection area.
The density of vessel traffic in the San Francisco Bay, which includes
numerous recreational boats, ferries and commercial fishing boats,
severely constrains the ability of large vessels to maneuver in the
event of an emergency. The Coast Guard states that with mandatory
participation, the current VTS channel, Channel 14 (156.700 MHz), will
be inadequate to ensure safe and reliable communications in this busy
and environmentally sensitive area. The addition of Channel 12 will
permit increased navigational safety in the area by organizing traffic
flow patterns, reduced meeting, crossing and overtaking situations
between large vessels in tight spaces, and limited vessel speed. We
will permit private coast stations currently authorized on Channel 12
within the San Francisco VTS area to operate until the end of their
current license term on a noninterference basis. The staff will help
affected licensees find suitable alternative channels. No fee will be
charged for affected stations that apply for modification for an
alternative channel before their next renewal.
5. We also amend Section 0.331 to authorize the Chief, Wireless
Telecommunications Bureau to amend the maritime service rules at the
request of the United States Coast Guard to designate radio protection
areas for mandatory VTS and establish marine channels as VTS
frequencies for these areas. This will allow the Commission to expedite
these requests, which will increase safe vessel transit and protect
U.S. waters and associated natural resources from environmental harm.
List of Subjects
47 CFR Part 0
Delegations of authority.
47 CFR Part 80
Communications equipment, Marine safety.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rules Changes
Title 47 of the Code of Federal Regulations, Parts 0 and 80, are
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 revising paragraph (d) to read as
follows:
Sec. 0.331 Authority delegated.
* * * * *
(d) Authority concerning rulemaking proceedings. The Chief,
Wireless Telecommunications Bureau shall not have the authority to act
upon notices of proposed rulemaking and inquiry, final orders in
rulemaking proceedings and inquiry proceedings, and reports arising
from any of the forgoing except such orders involving ministerial
conforming amendments to rule parts, or orders conforming any of the
applicable rules to formally adopted international conventions or
agreement
[[Page 26466]]
where novel questions of fact, law or policy are not involved. Also,
the addition of new Marine VHF frequency coordination committee(s) to
Sec. 80.514 of this chapter need not be referred to the Commission if
they do not involve novel questions of fact, policy or law, as well as
requests by the United States Coast Guard to designate radio protection
areas for mandatory Vessel Traffic Services (VTS) and establish marine
channels as VTS frequencies for these areas.
PART 80--STATIONS IN THE MARITIME SERVICES
3. The authority citation for Part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 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. Section 80.383 is amended by revising the entries for 156.550
MHz and 156.600 MHz in the table in paragraph (a) and adding new
paragraphs (b)(7) and (b)(8) to read as follows:
80.383 Vessel Traffic Services (VTS) system frequencies.
* * * * *
(a) * * *
Vessel Traffic Control Frequencies
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Carrier frequencies (MHz) Geographic areas
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* * * * *
156.550................................ New York, New Orleans,\1\
Houston, Prince William
Sound,\3\ Berwick Bay.
156.600................................ New York, New Orleans,\1\
Houston, San Francisco,\3\
Sault Ste. Marie.\3\
* * * * *
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\1\ Until further notice, this frequency is available for use as
permitted by Sec. 80.373(f), notwithstanding the provisions of
footnote 3 that are applicable to the VTS system. Availability is a
result of the closure of the VTS system for the port area of New
Orleans. If the United States Coast Guard re-establishes this system,
the Commission may require operations pursuant to such conditional
licenses for this frequency to cease, or may choose not to renew such
conditional licenses. All licenses for this frequency will be
expressly conditional upon the continued availability of the frequency
for non-VTS use.
* * * * *
\3\ Private coast station licenses for the use of this frequency in this
area will expire at the end of the current license term or five years
after the adopted date of the final rule, whichever comes first.
Continued use until expiration must be on a noninterference basis to
Coast Guard VTS communications.
(b) * * *
(7) Sault Ste. Marie. The rectangle between North latitudes 45
degrees and 47 degrees, and West longitudes 83 degrees and 85 degrees.
(8) Berwick Bay. The rectangle between North latitudes 28 degrees
30 minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50
minutes and 92 degrees.
* * * * *
[FR Doc. 96-13099 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P
