28326 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

until the final rule is published and

becomes effective.

III. Other Matters

National Environmental Policy Act

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR part 50

implementing section 102(2)(C) of the

National Environmental Policy Act of

1969, 42 U.S.C. 4332. The Finding of No

Significant Impact is available for public

inspection and copying between 7:30

a.m. and 5:30 p.m. weekdays at the

Office of Rules Docket Clerk, 451

Seventh Street, SW, room 10276,

Washington, DC 20410–0500.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this rule before

publication and by approving it certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. The rule

merely extends the effective period for

the interim rule.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that the rule may have the

potential to promote family formation,

maintenance, and general well-being. If

the revised part 135 regulations,

implemented by this rule, contribute to

successful implementation of section 3,

an increased number of low-income

persons will be employed which may

promote family unification and general

well-being. Since the impact of this rule

is anticipated to be beneficial, no further

review under the Order is necessary.

Executive Order 12611, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12611, Federalism, has

determined that the rule will not have

a substantial, direct effect on the States

or on the relationship between the

Federal government and the States, or

on the distribution of power or

responsibilities among the various

levels of government. The rule provides,

consistent with section 3, that the

preference requirements of section 3 are

to be carried out consistent with

existing Federal, State, and local laws

and regulations.

Semiannual Agenda of Regulations

The rule implementing this program

was listed as sequence number 1511 in

the HUD’s Semiannual Agenda of

Regulations published on May 8, 1995

(60 FR 23368, 23399) under Executive

Order 12866 and the Regulatory

Flexibility Act.

List of Subjects in 24 CFR Part 135

Administrative practice and

procedure, Community development,

Equal employment opportunity,

Government contracts, Grant

programs—housing and community

development, Housing, Loan

programs—housing and community

development, Reporting and

recordkeeping requirements, Small

businesses.

In accordance with the reasons set

forth in the preamble, 24 CFR part 135

is amended as follows:

PART 135—ECONOMIC

OPPORTUNITIES FOR LOW- AND

VERY LOW-INCOME PERSONS

1. The authority citation for 24 CFR

part 135 continues to read as follows:

Authority: 12 U.S.C. 1701u; 42 U.S.C.

3535(d).

2. Section 135.2 is revised to read as

follows:

§ 135.2 Effective date of regulation.

The regulations of this part will

remain in effect until the date the final

rule adopting the regulations of this part

with or without changes is published

and becomes effective, at which point

the final rule will remain in effect.

Dated: May 23, 1995.

Elizabeth K. Julian,

Acting Deputy Assistant Secretary for Policy

and Initiatives.

[FR Doc. 95–13221 Filed 5–30–95; 8:45 am]

BILLING CODE 4210–28–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 26, 161, 162, and 165

[CGD 95–033]

RIN 2115–AF12

National Vessel Traffic Services

Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

its Vessel Traffic Services (VTS)

regulations to clarify certain sections

and correct inaccurate geographic

information. In addition, the final rule

is deleting certain sections and adding

existing vessel traffic management

information which was inadvertently

omitted in a separate final rule

published in the Federal Register (59

FR 36316) on July 15, 1994. This rule is

intended to promote safe vessel

movement by reducing the potential for

collisions, rammings, and groundings

and their attendant loss of lives,

property and environmental harm.

EFFECTIVE DATE: This rule is effective on

May 31, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to 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:

Ms. Irene Hoffman, Project Manager,

Vessel Traffic Services Division (G–

NVT), at (202) 267–6277.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Ms. Irene

Hoffman, Project Manager, and CDR

Thomas Cahill, Project Counsel, Office

of Chief Counsel.

Regulatory History

On August 1, 1991, the Coast Guard

published a notice of proposed

rulemaking (NPRM) entitled ‘‘National

Vessel Traffic Services Regulations’’ in

the Federal Register (58 FR 36910). On

July 15, 1994, the Coast Guard

published the final rule in the Federal

Register (59 FR 36316).

Background and Purpose

Under the Ports and Waterways Safety

Act of 1972, as amended by the Port and

Tanker Safety Act (PTSA) and the Oil

Pollution Act (OPA 90), the Secretary of

Transportation may construct, operate,

maintain, improve, or expand VTSs 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 under 33 U.S.C.

1230. The Act requires certain vessels

which operate in a VTS area to use and

comply with the VTS.

In response to this mandate, the final

rule published on July 15, 1994,

amended the VTS regulations to make

participation in all VTSs mandatory.

This rule also simplified existing VTS

regulations by amending 33 CFR part

161 to incorporate: (1) Standard national

vessel traffic management rules

applicable to all VTSs; (2) vessel

movement reporting requirements for
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28327

certain vessels operating in the VTS

areas; and (3) geographic descriptions

and local regulations pertaining to

specific VTS areas. Additionally, the

rule redesignated other regulations, not

unique to VTS operations, into more

appropriate parts within Title 33.

Discussion of Changes

The National Vessel Traffic Services

Regulations contain inaccurate

latitudes, longitudes, geographic

location descriptions, VTS area

descriptions, and administrative

omissions in tables 26.03(f)

(Radiotelephone Required), 161.12(b)

(Vessel Operating Requirements),

161.35(b) (Vessel Traffic Service

Houston/Galveston), 161.35(c) (Vessel

Traffic Service Houston/Galveston),

161.45(b) (Vessel Traffic Service St.

Marys River), 161.60(d) (Vessel Traffic

Service Prince William Sound),

165.811(e) (Atchafalaya River, Berwick

Bay, LA—regulated navigation area) and

§ 161.50 (Vessel Traffic Service San

Francisco). These inaccuracies and

omissions are being addressed in this

rule.

Minor editorial changes have been

made to §§ 26.04 (Use of the designated

frequency), 26.07 (Communications),

162.117(g) (St. Marys River, Sault Ste.

Marie, Michigan), 165.811(f)

(Atchafalaya River, Berwick Bay, LA—

regulated navigation area), and tables

161.40(c) (Vessel Traffic Service

Berwick Bay) and 162.117(g) (St. Marys

River, Sault Ste. Marie, Michigan).

Sections 161.60 (c)(2) and (c)(3)

(Vessel Traffic Service Prince William

Sound), are being rewritten in order to

clarify intent and §§ 161.60(c)(4) (Vessel

Traffic Service Prince William Sound).

Sections 165.1704(c)(4) (Prince William

Sound, Alaska—regulated navigation

area) is being deleted and sections

165.1704(c)(5), (c)(6), and (c)(7) are

being redesignated.

On April 19, 1994 the Coast Guard

published an interim final rule in the

Federal Register (59 FR 18486)

establishing a Regulated Navigation

Area at the Oliver Lock and Dam at MM

338 of the Black Warrior River. That

rule was codified at 33 CFR 165.809.

Due to a change in conditions on the

Black Warrior River that Regulated

Navigation Area is no longer necessary

and has been rescinded. In the final

rule, ‘‘National Vessel Traffic Services

Regulations’’, published July 15, 1994,

33 CFR 165.809 set forth a Purpose and

Applicability section for vessel

operating rules contained in § 165.810.

Those vessel operating rules were

previously contained in 33 CFR

161.402. For ease of use, this rule

combines both §§ 165.809 and 165.810

in § 165.810.

Additionally, the final rule published

on July 15, 1994 inadvertently omitted

a vessel traffic management information

section which was previously included

in the NPRM published on August 1,

1991. Section 162.117(c) (St. Marys

River, Sault Ste. Marie, Michigan) is

being added.

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.

Regulatory Justification

This rule corrects geographic and

editorial inaccuracies and adds material

included in the NPRM but inadvertently

omitted in the Final Rule. Therefore, the

Coast Guard finds under 5 U.S.C. 553 (c)

and (d) that good cause exists to publish

this as a final rule, effective upon

publication, without notice and

opportunity to comment.

Small Entities

This rule only makes editorial

changes and minor additions to existing

vessel traffic management regulations.

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-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment. These VTS

operating procedures are a matter for

which regulations should be developed

on the national level, to avoid

unreasonably burdensome variances

and confusion in applicability and

operating requirements. These

regulations which provide uniform VTS

operating requirements preempt States

from adopting similar requirements.

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 final rule is categorically excluded

from further environmental

documentation. While the Coast Guard

recognizes that this rule will have a

positive effect on the environment by

minimizing the risk of environmental

harm resulting from collisions,

groundings, and rammings, the impact

is not expected to be significant enough

to warrant further documentation. A

Categorical Exclusion Determination is

available in the docket for inspection or

copying where indicated under

ADDRESSES.

List of Subjects

33 CFR Part 26

Communications equipment,

Navigation (water), Marine safety,

Radio, Telephone, Vessels.

33 CFR Part 161

Harbors, Navigation (water),

Reporting and recordkeeping

requirements, Vessels, Waterways.

33 CFR Part 162

Navigation (water), Waterways.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard is amending

33 CFR parts 26, 161, 162, and 165, as

follows:

PART 26—VESSEL BRIDGE-TOBRIDGE 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 § 26.03(f), table 26.03(f) is

revised to read as follows:
28328 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

TABLE 26.03(f)—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS

Vessel traffic services1 (call sign)

Designated frequency 2 (channel

designation)

Monitoring area

New York

New York Traffic 3 .................................. 156.700 MHz (Ch.

14).

The waters of the Lower New York Bay west of a line drawn from Norton Point

to Breezy Point and north of the line drawn from Ambrose Entrance Lighted

Gong Buoy #1 to Ambrose Channel Lighted Gong Buoy #9 thence to West

Bank Light and thence to Great Kills Light. The waters of the Upper New

York Bay, south of 40°42.40′N. (Brooklyn Bridge) and 40°43.70′N. (Holland

Tunnel Ventilator Shaft); and in Newark Bay, north of 40°38.25′N. (Arthur Kill

Railroad Bridge), and south of 40°41.95′N. (Lehigh Valley Draw Bridge); and

the Kill Van Kull.

156.550 MHz (Ch.

11).

The waters of Raritan Bay east of a line drawn from Great Kills Light to Point

Comfort in New Jersey and south of a line drawn from Great Kills Light to

West Bank Light, thence to Ambrose Channel Lighted Gong Buoy #9, and

thence to Ambrose Channel Lighted Gong Buoy #1 and west of a line drawn

from Ambrose Channel Lighted Gong Buoy #1 to the Sandy Hook Channel

Entrance Buoys (Sandy Hook Lighted Gong Buoy #1 and Sandy Hook Lighted Bell Buoy #2).

156.600 MHz (Ch.

12).

Each vessel at anchor within the above areas.

Houston 3

The navigable waters north of 29°N., west of 94°20′W., south of 29°49′N., and

east of 95°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°43.37′N., 95°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°43.37′N., 95°01.27′W.).

Berwick Bay

Berwick Traffic ....................................... 156.550 MHz (Ch.

11).

The navigable waters south of 29°45′N., west of 91°10′W., north of 29°37′N.,

and east of 91°18′W.

St. Marys River

Soo Control ............................................ 156.600 MHz (Ch.

12).

The navigable waters of the St. Marys River between 45°57′N. (De Tour Reef

Light) and 46°38.7′N. (lle Parisienne Light), except the St. Marys Falls Canal

and those navigable waters east of a line from 46°04.16′N. and 46°01.57′N.

(La Pointe to Sims Point in Potagannissing Bay and Worsley Bay and

Worsley Bay).

San Francisco 3

San Francisco Traffic ............................ 156.600 MHz (Ch.

12).

The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′N.,

122°34.6′W.) excluding the San Francisco Offshore Precautionary Area.

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 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.

156.250 MHz (Ch.

5A).

The navigable waters of the Strait of Juan de Fuca east of 124°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°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

form 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°40′W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48°N., and east of 127°W.
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28329

TABLE 26.03(f)—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS—

Continued

Vessel traffic services1 (call sign)

Designated frequency 2 (channel

designation)

Monitoring area

Vancouver Traffic .................................. 156.550 MHz (Ch.

11).

The navigable waters of the Strait of Georgia west of 122°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°05′N., east of 147°20′W., north of 60°N., and

west of 146°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:

1VTS 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. 4A Cooperative Vessel Traffic Service was established by the United States and Canada with 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. 5Seattle 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. 6A 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. 7The 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.

§ 26.04 [Amended]

3. In § 26.04, paragraph (e) is revised

to read as follows:

* * * * *

(e) On those navigable waters of the

United States within a VTS area, the

designated VTS frequency is an

additional designated frequency

required to be monitored in accordance

with § 26.05.

* * * * *

§ 26.07 [Amended]

4. In § 26.07, insert a comma after ‘‘no

person may serve as’’

PART 161—VESSEL TRAFFIC

MANAGEMENT

5. The authority citation for part 161

continues to read as follows:

Authority: 33 U.S.C. 1231; 33 U.S.C. 1223;

49 CFR 1.46.

6. In § 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 sign)

Designated Frequency 1 (Channel

designation)

Monitoring area

New York

New York Traffic 2 .................................. 156.700 MHz (Ch.

14).

The waters of the Lower New York Bay west of a line drawn from Norton Point

to Breezy Point and north of a line drawn from Ambrose Entrance Lighted

Gong Buoy #1 to Ambrose Channel Lighted Gong Buoy #9 thence to West

Bank Light and thence to Great Kills Light. The waters of the Upper New

York Bay, south of 40°42.40′N. (Brooklyn Bridge) and 40°43.70′N. (Holland

Tunnel Ventilator Shaft); and in Newark Bay, north of 40°38.25′N. (Arthur Kill

Railroad Bridge), and south of 40°41.95′N (Lehigh Valley Draw Bridge); and

the Kill Van Kull.
28330 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

TABLE 161.12(b)—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING

AREAS—Continued

Vessel traffic services (call sign)

Designated Frequency 1 (Channel

designation)

Monitoring area

156.550 MHz (Ch.

11).

The waters of Raritan Bay east of a line drawn from Great Kills Light to Point

Comfort in New Jersey and south of a line drawn from Great Kills Light to

West Bank Light. Thence to Ambrose Channel Lighted Gong Buoy #9, and

thence to Ambrose Channel Lighted Gong Buoy #1 and west of a line drawn

from Ambrose Channel Lighted Gong Buoy #1 to the Sandy Hook Channel

Entrance Buoys (Sandy Hook Lighted Gong Buoy #1 and Sandy Hook Lighted Bell Buoy #2).

156.600 MHz (Ch.

12).

Each vessel at anchor within the above areas.

Houston 2

The navigable waters north of 29°N., west of 94°20′W., south of 29°49′N., and

east of 95°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°43.37′N., 95°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°43.37′N., 95°01.27′W.).

Berwick Bay

Berwick Traffic ....................................... 156.550 MHz (Ch.

11).

The navigable waters south of 29°45′N., west of 91°10′W., north of 29°37′N.,

and east of 91°18′W.

St. Marys River

Soo Control ............................................ 156.600 MHz (Ch.

12).

The navigable waters of the St. Marys River between 45°57′N. (De Tour Reef

Light) and 46°38.7′N. (IIe Parisienne Light), except the St. Marys Falls Canal

and those navigable waters east of a line from 46°04.16′N. and 46°01.57′N.

(La Pointe to Sims Point In Potagannissing Bay and Worsley Bay).

San Francisco 2

San Francisco Traffic ............................ 156.600 MHz (Ch.

12).

The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′N.,

122°34.6′W.) excluding the San Francisco Offshore Precautionary Area.

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 3

Seattle Traffic 4 ...................................... 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°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°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 5 ....................................... 156.725 MHz (Ch.

74).

The waters west of 124°40′W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48°N., and east of 127°W.

Vancouver Traffic .................................. 156.550 MHz (Ch.

11).

The navigable waters of the Strait of Georgia west of 122°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 6

Valdez Traffic ......................................... 156.650 MHz (Ch.

13).

The navigable waters south of 61°05′N., east of 147°20′W., north of 60°N., and

west of 146°30′W.; and, all navigable waters in port Valdez.
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28331

TABLE 161.12(b)—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING

AREAS—Continued

Vessel traffic services (call sign)

Designated Frequency 1 (Channel

designation)

Monitoring area

Louisville 6

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. 3A 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. 4Seattle 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. 5A 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. 6The 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.

7. In § 161.35(b), table 161.35(b) is revised to read as follows:

TABLE 161.35(b)—VTS HOUSTON/GALVESTON PRECAUTIONARY AREAS

Precautionary area name Radius

(yds.)

Center point

Latitude Longitude

Bolivar Roads .................................................................................................................................................. 4000 29°20.9′N 94°47.0′W

Red Fish Bar ................................................................................................................................................... 4000 29°29.8′N 94°51.9′W

Bayport Channel ............................................................................................................................................. 4000 29°36.7′N 94°57.2′W

Morgans Point ................................................................................................................................................. 2000 29°41.0′N 94°59.0′W

Upper San Jacinto Bay ................................................................................................................................... 1000 29°42.3′N 95°01.1′W

Baytown ........................................................................................................................................................... 1000 29°43.6′N 95°01.4′W

Lynchburg ........................................................................................................................................................ 1000 29°45.8′N 95°04.8′W

Carpenters Bayou ........................................................................................................................................... 1000 29°45.3′N 95°05.6′W

Jacintoport ....................................................................................................................................................... 1000 29°44.8′N 95°06.0′W

Greens Bayou ................................................................................................................................................. 1000 29°44.8′N 95°10.2′W

Hunting Bayou ................................................................................................................................................. 1000 29°44.3′N 95°12.1′W

Sims Bayou ..................................................................................................................................................... 1000 29°43.1′N 95°14.4′W

Brady Island .................................................................................................................................................... 1000 29°43.5′N 95°16.4′ W

Buffalo Bayou .................................................................................................................................................. 1000 29°45.0′N 95°17.3′W

Note: Each Precautionary Area encompasses a circular area of the radius denoted.

8. In § 161.35(c), table 161.35(c) is revised to read as follows:

TABLE 161.35(c)—VTS HOUSTON/GALVESTON REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude Notes

1 .................... Galveston Bay Entrance Channel.Galveston Bay Entrance CH

Lighted Buoy (LB) ‘‘GB’’.

29°18.4′N; 94°37.6′W.

2 .................... Galveston Bay Entrance Channel.Galveston Bay Entrance Channel LB 11 and 12.29°20.6′N; 94°44.6′W.

E ................... Bolivar Land Cut ...................... Mile 349 Intracoastal Waterway

(ICW).

29°22.5′N; 94°46.9′ W ............. Tows entering HSC also

report at HSC LB 25 &

26.

W .................. Pelican Cut ............................... Mile 351 ICW ........................... 29°21.4′N; 94°48.5′ W ............. Tow entering HSC also report at HSC LB 25 &

26.

GCG .............. Galveston Harbor ..................... USCG Base. At the entrance

to Galveston Harbor.

29°20.0′N; 94°46.5′W.

T .................... Texas City Channel ................. Texas City Channel LB 12 ....... 29°22.4′N; 94°50.9′W.
28332 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

TABLE 161.35(c)—VTS HOUSTON/GALVESTON REPORTING POINTS—Continued

Designator Geographic name Geographic description Latitude/longitude Notes

X ................... Houston Ship Channel ICW

Intersection.

Houston Ship Channel (HSC)

LB 25 and 26.

29°22.1′N; 94°48.1′W. ............. Tow entering HSC from

ICW or Texas Cut Only.

3 .................... Lower Galveston Bay ............... HSC LB 31 and 32 .................. 29°23.5′N; 94°48.8′W.

4 .................... Red Fish Bar ............................ HSC Lt. 53A & 54A .................. 29°30.3′N; 94°52.4′W.

P ................... Bayport Ship Channel .............. Bayport Ship Channel Lt. 7

and 8.

29°36.8′N; 94°59.5′ W; ............ Report at the North Land

Cut.

4A ................. Upper Galveston Bay ............... HSC Buoys 69 and 70 ............. 29°34.7′N; 94°55.8′ W ............. Tows only.

5 .................... Morgan’s Point ......................... Barbour’s Cut ........................... 29°41.0′N; 94°58.9′W. ............. Abeam Barbours Cut.

6 .................... Exxon ....................................... Baytown Bend .......................... 29°43.5′N; 95°01.4′W.

7 .................... Lynchburg ................................ Ferry crossing .......................... 29°45.8′N; 95°04.8′W.

8 .................... Shell Oil .................................... Boggy Bayou ............................ 29°44.1′N; 95°08.0′W.

9 .................... Greens Bayou .......................... Greens Bayou .......................... 29°44.8′N; 95°10.1′W.

10 .................. Hess Turning Basin ................. Hunting Bayou Turning Basin .. 29°44.3′N;95°12.1′W.

11 .................. Lyondell Turning Basin ............ Sims Bayou Turning Basin ...... 29°43.2′N; 95°14.4′W.

12 .................. I–610 Bridge ............................. I–610 Bridge ............................. 29°43.5′N; 95°16.0′W.

13 .................. Houston Turning Basin ............ Buffalo Bayou ........................... 29°45.0′N; 95°17.4′W.

§ 161.40 [Amended]

9. In § 161.40(c), table 161.40(c) is amended by adding the heading ‘‘Table 161.40(c)—VTS Berwick Bay Reporting

Points’’.

10. In § 161.45(b), table 161.45(b) is revised to read as follows:

TABLE 161.45(b)—VTS ST. MARYS RIVER REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude Notes

1 ...................... Ile Parisienne ................................ Ile Parisienne Light ....................... 46°37.3′N; 84°45.9′ W .................. Downbound

Only.

2 ...................... Gros Cap Reef ............................. Gros Cap Reefs Light .................. 46°30.6′N; 84°37.1′ W .................. Upbound Only.

3 ...................... Round Island ................................ Round Island Light 32 .................. 46°26.9′N; 84°31.7′W.

4 ...................... Pointe Louise ................................ Pointe Louise Light ....................... 46°27.8′N; 84°28.2′W.

5* ..................... West End of Locks ....................... West Center Pierhead Light ......... 46°30.2′N; 84°22.2′ W .................. Upbound Only.

6 ...................... East End of Locks ........................ East Center Pierhead Light .......... 46°30.1′N; 84°20.3′ W .................. Downbound

Only.

7 ...................... Mission Point ................................ Light 99 ......................................... 46°29.2′N; 84°18.1′W.

8 ...................... Six Mile Point ............................... Six Mile Point ............................... 46°26.1′N; 84°15.4′W.

9 ...................... Ninemile Point .............................. Light 80 ......................................... 46°23.5′N; 84°14.1′W.

10 .................... West Neebish Channel ................ Light 29 ......................................... 46°16.9′N; 84°12.5′ W .................. Downbound

Only.

11 .................... Munuscong Lake Junction ........... Lighted Junction Buoy .................. 46°10.8′N; 84°05.6′W.

12 .................... De Tour Reef ................................ De Tour Reef Light ....................... 46°56.9′N; 83°53.7′W.

§ 161.50 [Amended]

11. In § 161.50, remove ‘‘(a)’’ at the

beginning of the section; remove the

words ‘‘Petaluma River Entrance Lights

‘1’ and ‘2’ ’’ and add, in their place, the

words ‘‘Petaluma River Entrance

Channel Daybeacon 19 and Petaluma

River Entrance Channel Light 20’’; and

remove the words ‘‘Redwood City’’ and

add, in their place, ‘‘the Dumbarton

Bridge.’’

12. In § 161.60, paragraph (c)(4) is

removed; and paragraphs (c)(2) and

(c)(3) and the table in paragraph (d) are

revised to read as follows:

§ 161.60 Vessel Traffic Service Prince

William Sound

* * * * *

(c) * * *

(1) * * *

(2) For a vessel listed in paragraph

(c)(3) of this section—

(i) Approval to enter this area will not

be granted to a vessel when a tank

vessel of more than 20,000 deadweight

tons is navigating therein;

(ii) A northbound vessel shall remain

south of 61°N. until the VTS has granted

permission to proceed; and

(iii) A southbound vessel shall remain

in Port Valdez east of 146°35′W. and

north of 61°06′N. until the VTS has

granted permission to proceed.

(3) Paragraph (c)(2) of this section

applies to—

(i) A vessel of 1600 gross tons or

more; and

(ii) A towing vessel of 8 meters or

more in length, except for a vessel

performing duties as an escort vessel as

defined in 33 CFR Part 168.

(d) Reporting Points.

TABLE 161.60(d)—VTS PRINCE WILLIAM SOUND REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude Notes

1A ................. Cape Hinchinbrook ........................ Cape Hinchinbrook ........................ 60°16′18′′N; 146°45′30′′ W ........... Northbound

Only.

1B ................. Schooner Rock .............................. Schooner Rock .............................. 60°18′42′′N; 146°51′36′′ W ........... Southbound

Only.
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28333

TABLE 161.60(d)—VTS PRINCE WILLIAM SOUND REPORTING POINTS—Continued

Designator Geographic name Geographic description Latitude/longitude Notes

2A ................. Naked Island ................................. Naked Island ................................. 60°40′00′′N; 147°01′24′′ W ........... Northbound

Only.

2B ................. Naked Island ................................. Naked Island ................................. 60°40′00′′N; 147°05′00′′ W ........... Southbound

Only.

3A ................. Bligh Reef ...................................... Bligh Reef Light (Pilot Embark) ..... 60°50′36′′N; 146°57′30′′ W ........... Northbound

Only.

3B ................. Bligh Reef ...................................... Bligh Reef Light (Pilot Disembark) 60°51′00′′N; 147°01′24′′ W ........... Southbound

Only.

4A ................. Rocky Point ................................... Rocky Point ................................... 60°57′48′′N; 146°47′30′′ W ........... Northbound

Only.

4B ................. Rocky Point ................................... Rocky Point ................................... 60°57′48′′N; 146°50′00′′ W ........... Southbound

Only.

5 ................... Entrance Island ............................. Entrance Island Light .................... 61°05′24′′N; 146°37′30′′W..

PART 162—INLAND WATERWAYS

NAVIGATION REGULATIONS

13. The authority citation for part 162

continues to read as follows:

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

§ 162.117 [Amended]

14. In 162.117, paragraph (c) is

revised to read as follows:

* * * * *

(c) Anchoring Rules

(1) A vessel must not anchor:

(i) within the waters between Brush

Point and the waterworks intake crib off

Big Point southward of the Point Aux

Pins range; or

(i) within 0.2 nautical miles of the

intake crib off Big Point.

(2) In an emergency, vessels may

anchor in a dredged channel. Vessels

shall anchor as near to the edge of the

channel as possible and shall get

underway as soon as the emergency

ceases, unless otherwise directed.

Vessel Traffic Services St. Marys River

must be advised of any emergency

anchoring as soon as is practicable.

(3) Vessels collected in any part of the

VTS Area by reason of temporary

closure of a channel or an impediment

to navigation shall get underway and

depart in the order in which they

arrived, unless otherwise directed by

Vessel Traffic Service St. Marys River.

Vessel Traffic Service St. Marys River

may advance any vessel in the order of

departure to expedite the movement of

mails, passengers, cargo of a perishable

nature, to facilitate passage of vessels

through any channel by reason of

special circumstance, or to facilitate

passage through the St. Marys Falls

Canal.

* * * * *

15. In § 162.117(g), Table 162.117(g),

add the heading ‘‘Table 162.117(g)—St.

Marys River Speed Rules’’; and in

paragraph (g)(2), add the words

‘‘Commanding Officer’’ before ‘‘Vessel

Traffic Service St. Marys River.’’

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

16. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

§ 165.809 [Removed]

17. Section 165.809 is removed.

§ 165.810 [Amended]

18. In § 165.810 redesignate

paragraphs (a), (b) and (c) as paragraphs

(b), (c) and (d) respectively; and add

paragraph (a) to read as follows:

(a) Purpose and Applicability. This

section prescribes rules for all vessels

operating in the Mississippi River below

Baton Rouge, LA, including South and

Southwest Passes, to assist in the

prevention of collisions and groundings

and to protect the navigable waters of

the Mississippi River from

environmental harm resulting from

those incidents.

* * * * *

§ 165.811 [Amended]

19. In § 165.811, in paragraph (e),

amend the table heading by adding

‘‘Table 165.812(e)—’’ before the words

‘‘Minimum Available Horsepower

Requirement’’; and in paragraph

(f)(4)(ii), remove the word

‘‘horizontally’’ and add, in its place, the

word ‘‘vertically.’’

§ 165.1704 [Amended]

20. In § 165.1704 remove paragraph

(c)(4) and redesignate paragraphs (c)(5),

(c)(6) and (c)(7) as paragraphs (c)(4),

(c)(5) and (c)(6), respectively.

Dated: May, 16, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard Chief, Office

of Navigation Safety and Waterways Services.

[FR Doc. 95–13268 Filed 5–30–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. 136, PR3–2–6731,

FRL–5209–5]

Approval and Promulgation of PM10

Implementation Plan for the

Commonwealth of Puerto Rico

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving the

State Implementation Plan (SIP)

revision submitted by the

Commonwealth of Puerto Rico for the

purpose of attaining the National

Ambient Air Quality Standards

(NAAQS) for particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM10).

The SIP addresses sources impacting the

Municipality of Guaynabo, Puerto Rico

which has been designated

nonattainment.

EFFECTIVE DATE: This action will be

effective June 30, 1995.

ADDRESSES: Copies of the state submittal

are available at the following addresses

for inspection during normal business

hours:

Environmental Protection Agency,

Region II Office, Library, 290 Broadway,

16th Floor, New York, New York,

10007–1866.

Environmental Protection Agency,

Region II, Caribbean Field Office, Centro

Europa Building, Suite 417, 1492 Ponce

De Leon Avenue, Stop 22, Santurce,

Puerto Rico, 00909.

Commonwealth of Puerto Rico,

Environmental Quality Board, Banco

National Plaza, 8th Floor, 431 Ponce De

Leon Avenue, Hato Rey, Puerto Rico,

00917.

Environmental Protection Agency, Air

and Radiation Docket and Information