161.18 Reporting requirements. 161.20 Position Report (PR). 161.21 Sailing Plan Deviation Report (DR). Subpart C-Vessel Traffic Service Areas, 161.25 Vessel Traffic Service New York Area. 161.30 Vessel Traffic Service Louisville. 161.35 Vessel Traffic Service Houston/Galveston. 161.40 Vessel Traffic Service Berwick Bay. Marys 161.50 Vessel Traffic Service San Francisco. 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region. 161.60 Vessel Traffic Service Prince William Sound. AUTHORITY: 33 U.S.C. 1231; 33 U.S.C. 1223; 49 CFR 1.46. SOURCE: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise noted. Subpart A-Vessel Traffic Services GENERAL RULES $161.1 Purpose and Intent. (a) The purpose of this part is to promulgate regulations implementing and enforcing certain sections of the Ports and Waterways Safety Act (PWSA) setting up a national system of Vessel Traffic Services that will enhance navigation, vessel safety, and marine environmental protection, and promote safe vessel movement by reducing the potential for collisions, rammings, and groundings, and the loss of lives and property associated with these incidents within VTS areas established hereunder. (b) Vessel Traffic Services provide the mariner with information related to the safe navigation of a waterway. This information, coupled with the mariner's compliance with the provisions set forth in this part, enhances the safe routing of vessels through congested waterways or waterways of par ticular hazard. Under certain circumstances, a VTS may issue directions to control the movement of vessels in order to minimize the risk of collision between vessels, or damage to property or the environment. (c) The owner, operator, charterer. master, or person directing the movement of a vessel remains at all times responsible for the manner in which the vessel is operated and maneuvered. and is responsible for the safe navigation of the vessel under all circumstances. Compliance with these rules or with a direction of the VTS is at all times contingent upon the exigencies of safe navigation. (d) Nothing in this part is intended to relieve any vessel, owner, operator, charterer, master, or person directing the movement of a vessel from the consequences of any neglect to comply with this part or any other applicable law or regulation (e.g., the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) of the Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. § 161.2 Definitions. For the purposes of this part: Cooperative Vessel Traffic Services (CVTS) means the system of vessel traf fic management established and jointly operated by the United States and Canada within adjoining waters. In addition, CVTS facilitates traffic movement and anchorages, avoids jurisdic tional disputes, and renders assistance in emergencies in adjoining United States and Canadian waters. Hazardous Vessel Operating Condition means any condition related to a vessel's ability to safely navigate or maneuver, and includes, but is not limited to: (1) The absence or malfunction of vessel operating equipment, such as propulsion machinery, steering gear. radar system, gyrocompass, depth Coast Guard, DOT sounding device, automatic radar plotting aid (ARPA), radiotelephone, Automatic Identification System equipment, navigational lighting, sound signaling devices or similar equipment. (2) Any condition on board the vessel likely to impair navigation, such as lack of current nautical charts and publications, personnel shortage, or similar condition. (3) Vessel characteristics that affect or restrict maneuverability, such as cargo arrangement, trim, loaded condition, underkeel clearance, speed, or similar characteristics. Precautionary Area means a routing measure comprising an area within defined limits where vessels must navigate with particular caution and within which the direction of traffic may be recommended. Towing Vessel means any commercial vessel engaged in towing another vessel Eastern, alongside, or by pushing ahead. Vessel Movement Reporting System (VMRS) is a system used to manage and track vessel movements within a VTS area. This is accomplished by a vessel providing information under established procedures as set forth in this part, or as directed by the VTS. Vessel Movement Reporting System (VMRS) User means a vessel, or an owner, operator, charterer, master, or person directing the movement of a vessel, that is required to participate in a VMRS within a VTS area. VMRS participation is required for: or (1) Every power-driven vessel of 40 meters (approximately 131 feet) more in length, while navigating; (2) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating; or (3) Every vessel certificated to carry 50 or more passengers for hire, when engaged in trade. Vessel Traffic Center (VTC) means the shore-based facility that operates the vessel traffic service for the Vessel Traffic Service area or sector within such an area. Vessel Traffic Services (VTS) means a service implemented by the United States Coast Guard designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and re $161.4 spond to traffic situations developing in the VTS area. Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of service. This area of service may be subdivided into sectors for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements. NOTE: Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area. VTS Special Area means a waterway within a VTS area in which special operating requirements apply. VTS User means a vessel, or an owner, operator, charterer, master, or person directing the movement of a vessel, that is: (a) Subject to the Vessel Bridge-toBridge Radiotelephone Act; or (b) Required to participate in a VMRS within a VTS area (VMRS User). VTS User's Manual means the manual established and distributed by the VTS to provide the mariner with a description of the services offered and rules in force for that VTS. Additionally, the manual may include chartlets showing the area and sector boundaries, general navigational information about the area, and procedures, radio frequencies, reporting provisions and other information which may assist the mariner while in the VTS area. [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 97-023, 62 FR 33364, June 19, 1997] § 161.3 Applicability. The provisions of this subpart shall apply to each VTS User and may also apply to any vessel while underway or at anchor on the navigable waters of the United States within a VTS area, to the extent the VTS considers necessary. § 161.4 Requirement to carry the rules. Each VTS User shall carry on board and maintain for ready reference a copy of these rules. NOTE: These rules are contained in the applicable U.S. Coast Pilot, the VTS User's Manual which may be obtained by contacting the appropriate VTS, and periodically published in the Local Notice to Mariners. The VTS User's Manual and the World VTS Guide, an International Maritime Organization (IMO) recognized publication, contain additional information which may assist the prudent mariner while in the appropriate VTS area. $161.5 Deviations from the rules. (a) Requests to deviate from any provision in this part, either for an extended period of time or if anticipated before the start of a transit, must be submitted in writing to the appropriate District Commander. Upon receipt of the written request, the District Commander may authorize a deviation if it is determined that such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. An application for an authorized deviation must state the need and fully describe the proposed alternative to the required measure. (b) Requests to deviate from any pro- SERVICES, VTS MEASURES, AND § 161.10 Services. To enhance navigation and vessel safety, and to protect the marine environment, a VTS may issue advisories, or respond to vessel requests for information, on reported conditions within the VTS area, such as: (a) Hazardous conditions or circumstances; (b) Vessel congestion; (d) Environmental conditions; (g) Another vessel's name, type, position, hazardous vessel operating conditions, if applicable, and intended navigation movements, as reported; (h) Temporary measures in effect; (i) A description of local harbor operations and conditions, such as ferry routes, dredging, and so forth; (j) Anchorage availability; or (k) Other information or special circumstances. § 161.11 VTS measures. (a) A VTS may issue measures or directions to enhance navigation and vessel safety and to protect the marine environment, such as, but not limited to: (1) Designating temporary reporting points and procedures; (2) Imposing vessel operating requirements; or (3) Establishing vessel traffic routing schemes. (b) During conditions of vessel congestion, restricted visibility, adverse weather, or other hazardous circumstances, a VTS may control, supervise, or otherwise manage traffic, by specifying times of entry, movement, or departure to, from, or within a VTS area. $161.12 Vessel operating require (a) Subject to the exigencies of safe navigation, a VTS User shall comply with all measures established or directions issued by a VTS. (1) If, in a specific circumstance, a VTS User is unable to safely comply with a measure or direction issued by the VTS, the VTS User may deviate only to the extent necessary to avoid endangering persons, property or the environment. The deviation shall be reported to the VTS as soon as is practicable. (b) When not exchanging communications, a VTS User must maintain a listening watch as required by § 26.04(e) of this chapter on the VTS frequency designated in Table 161.12(b) (VTS Call Signs, Designated Frequencies, and Monitoring Areas). In addition, the VTS User must respond promptly when hailed and communicate in the English language. NOTE: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800 MHz) is not re quired on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency. |