Radio services, special: Maritime services— New Orleans vessel traffic services,

[Federal Register: October 5, 1998 (Volume 63, Number 192)]

[Rules and Regulations]

[Page 53312-53313]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05oc98-15]

[[Page 53312]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[DA 98-1935]

New Orleans Vessel Traffic Services (VTS)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

SUMMARY: The Commission is re-designing the New Orleans, Louisiana VTS to the United States Coast Guard (Coast Guard) designated radio protection areas for mandatory VTS. This action is in response to a request from the Coast Guard. The re-designation of New Orleans, Louisiana as a VTS area will allow the Coast Guard to manage vessel traffic in a more efficient manner.

EFFECTIVE DATE: November 4, 1998.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, DA 98-1935, adopted September 22, 1998, and released September 22, 1998. The full text of this Order is available for inspection and copying during normal business hours in the FCC Reference Center, Room 239, 1919 M Street, NW, Washington, DC. The complete text may be purchased from the Commission's copy contractor, International Transcription Service, Inc., 1231 20th Street, Washington, DC 20036, telephone (202) 857-3800.

Summary of Order

1. By this Order, pursuant to delegated authority, we modify Sec. 80.838(a) of the Commission's Rules to reinstate New Orleans, Louisiana, to the list of the United States Coast Guard (Coast Guard) designated radio protection areas for mandatory Vessel Traffic Services (VTS) systems and to re-establish marine VHF Channels 11 (156.550 MHz), 12 (156.600 MHz), and 14 (156.700 MHz) as the VTS frequencies for New Orleans. These amendments will allow the Coast Guard to manage vessel traffic in the New Orleans area more efficiently thereby increasing navigational safety in this busy port.

2. Background. The Coast Guard uses VTS systems as an advisory communications service to coordinate vessel movement and prevent collisions in large, busy port areas. Vessels report, by voice, information related to position, navigation and conditions affecting navigation to the Coast Guard, which tracks the vessels' movements. VTS systems use VHF marine channels dedicated to their operations in Coast Guard-designated VTS areas. The Coast Guard requires that certain large ships, tow and tug boats, dredges, and floating platforms participate in VTS systems.

3. The Commission amended its rules in 1975, at the Coast Guard's request, to make frequencies in certain designated areas available exclusively for VTS communications. Since then, the Commission has added a number of VTS protection areas. Currently, Sec. 80.383 of the Commission's Rules lists the following areas as Coast Guard designated VTS areas: Seattle; New York, New Orleans; Houston; Prince William Sound; Berwick Bay; Sault Ste. Marie; and San Francisco. Frequencies allotted for VTS communications are available outside of VTS designated areas for assignment for other purposes on a noninterference basis.

4. On May 1, 1996, the Commission adopted a Report and Order, 61 FR 26465 (May 28, 1996), in WT Docket No. 95-132 in which the Commission delegated authority to the Wireless Telecommunications Bureau (WTB) to designate radio protection areas for mandatory VTS and establish marine channels as VTS frequencies for these areas.

5. On July 30, 1988, the Coast Guard discontinued VTS operations in the New Orleans designated area due to budgetary constraints. As a result, the Commission noted that the VTS frequencies in the New Orleans VTS area would be available for use as permitted by Sec. 80.373(f) of the Commission's Rules and that licensed operations in the area would be authorized on a provisional basis, conditioned on the continuation of the Coast Guard policy. It further noted that if the Coast Guard re-established the VTS system the Commission could require operations on these frequencies to cease or choose not to renew the conditional licenses. By letter dated February 11, 1998, the Coast Guard has requested that the Commission re-instate the designation of a New Orleans VTS area under Sec. 80.383 of the Commission's Rules.

6. Discussion. We believe that reinstating New Orleans as a VTS area will allow the Coast Guard to manage vessel traffic in that area more efficiently and will help protect the marine environment by preventing vessel collisions and groundings. Therefore, at the Coast Guard's request, we are adding New Orleans (marine Channels 11, 12 and 14) to the Commission's list of designated radio protection areas for VTS systems specified in Sec. 80.383. The radio protection area for New Orleans will be reinstated as the rectangle between North latitudes 27 degrees and 30 minutes and 31 degrees and 30 minutes and West longitudes 87 degrees and 30 minutes and 93 degrees. As a result, we are amending our rules to re-establish New Orleans as a Coast Guard- designated radio protection area for mandatory VTS communications and to establish marine VHF Channels 11 (156.550 MHz), 12 (156.600 MHz), and 14 (156.700 MHz) as the VTS frequencies for New Orleans.

7. We will permit private coast stations currently authorized to operate on marine Channels 11, 12 and 14 within the New Orleans VTS area to continue operation until the end of their current license term on a noninterference basis. The WTB staff will assist affected licensees in finding suitable alternative channels. No fee will be charged for affected stations that apply for modification for an alternative channel before their next license renewals.

8. Accordingly, it is ordered, that pursuant to the authority contained in sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i) and 303(r), and Sec. 0.331 of the Commission's Rules, 47 CFR 0.331, Part 80 of the Commission's rules is amended as set forth and becomes effective November 4, 1998.

   Federal Communications Commission. Daniel B. Phythyon, Chief, Wireless Telecommunications Bureau.

   List of Subjects in 47 CFR Part 80

   Communications equipment, Marine safety.

   Rules Changes

   Title 47 of the Code of Federal Regulations, Part 80, is amended as follows:

   PART 80--STATIONS IN THE MARITIME SERVICES

1. 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.

2. Section 80.383 is amended by revising the table in paragraph (a) to remove footnote 1 and redesignate footnotes 2 and 3 as 1 and 2 , to read as follows:

   [[Page 53313]]

   Sec. 80.383 Vessel Traffic Services (VTS) system frequencies.

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   (a) Assigned frequencies:

   VESSEL TRAFFIC CONTROL FREQUENCIES

   Carrier frequencies (MHz)

   Geographic areas

   *

   *

   *

   * * 156.550................................ New York, New Orleans,\2\ Houston, Prince William. Sound,\2\ Berwick Bay.

   156.600............................ New York, New Orleans,\2\ Houston, San Francisco,\2\ Sault Ste. Marie.\2\

   156.700............................ New York, New Orleans,\2\ Seattle, San Francisco.\1\

   \1\ Private coast station licenses for the use of this frequency will not be renewed beyond November 1, 1997. Continued use until expiration must be on a noninterference basis to Coast Guard VTS communications. \2\ 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.

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   [FR Doc. 98-26524Filed10-2-98; 8:45 am]

   BILLING CODE 6712-01-P