PART 26-VESSEL BRIDGE-TOBRIDGE RADIOTELEPHONE REGULATIONS Sec. 26.01 Purpose. 26.02 Definitions. 26.03 Radiotelephone required. 26.04 Use of the designated frequency. 26.05 Use of radiotelephone. 26.06 Maintenance of radiotelephone; failure of radiotelephone. 26.07 Communications. 26.08 Exemption procedures. 26.09 List of exemptions. AUTHORITY: 14 U.S.C. 2; 33 U.S.C. 1201-1208; 49 CFR 1.45(b), 1.46; Rule 1, International Regulations for the Prevention of Collisions at Sea. SOURCE: CGD 71-114R, 37 FR 12720, June 28, 1972, unless otherwise noted. § 26.01 Purpose. (a) The purpose of this part is to implement the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act. This part: (1) Requires the use of the vessel bridge-to-bridge radiotelephone; (2) Provides the Coast Guard's interpretation of the meaning of important terms in the Act; (3) Prescribes the procedures for applying for an exemption from the Act and the regulations issued under the Act and a listing of exemptions. (b) Nothing in this part relieves any person from the obligation of complying with the rules of the road and the applicable pilot rules. For the purpose of this part and interpreting the Act: Secretary means the Secretary of the Department in which the Coast Guard is operating; Act means the "Vessel Bridge-toBridge Radiotelephone Act", 33 U.S.C. sections 1201-1208; Length is measured from end to end over the deck excluding sheer; Power-driven vessel means any vessel propelled by machinery; and Towing vessel means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. Vessel Traffic Services (VTS) means a service implemented under Part 161 of this chapter 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 respond 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 as described in Part 161 of this chapter. 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. (Rule 1, International Regulations for Preventing Collisions at Sea, 1972 (as rectified); EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b)) [CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42 FR 35784, July 11, 1977; CGD 90-020, 59 FR 36322, July 15, 1994] § 26.03 Radiotelephone required. (a) Unless an exemption is granted under § 26.09 and except as provided in paragraph (a)(4) of this section, this part applies to: (1) Every power-driven vessel of 20 meters or over in length while navigating; (2) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while navigating; (3) Every towing vessel of 26 feet or over in length while navigating; and (4) Every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels except for an unmanned or intermittently manned floating plant under the control of a dredge. (b) Every vessel, dredge, or floating plant described in paragraph (a) of this section must have a radiotelephone on board capable of operation from its navigational bridge, or in the case of a dredge, from its main control station, and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission for the exchange of navigational information. (c) The radiotelephone required by paragraph (b) of this section must be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States. (d) The radiotelephone required by paragraph (b) of this section must be capable of transmitting and receiving on VHF FM channel 22A (157.1 MHz). (e) While transiting any of the following waters, each vessel described in paragraph (a) of this section also must have on board a radiotelephone capable of transmitting and receiving on VHF FM channel 67 (156.375 MHz): (1) The lower Mississippi River from the territorial sea boundary, and within either the Southwest Pass safety fairway or the South Pass safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above Head of Passes) near Baton Rouge; (2) The Mississippi River-Gulf Outlet from the territorial sea boundary, and within the Mississippi River-Gulf outlet Safety Fairway specified in 33 CFR 166.200, to that channel's junction with the Inner Harbor Navigation Canal; and (3) The full length of the Inner Harbor Navigation Canal from its junction with the Mississippi River to that canal's entry to Lake Pontchartrain at the New Seabrook vehicular bridge. (f) In addition to the radiotelephone required by paragraph (b) of this section, each vessel described in paragraph (a) of this section while transiting any waters within a Vessel Traffic Service Area, must have on board a radiotelephone capable of transmitting and receiving on the VTS designated frequency in Table 26.03(f) (VTS Call Signs, Designated Frequencies, and Monitoring Areas). NOTE: A single VHF-FM radio capable of scanning or sequential monitoring (often referred to as "dual watch" capability) will not meet the requirements for two radios. TABLE 26.03(F).—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS Monitoring area The navigable waters of the Lower New York Harbor bounded on The navigable waters north 29° N., west of 94°20′ W., south of 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.). 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.). The navigable waters south of 29°45′ N., west of 91°10′ W., north of 29°37' N., and east of 91°18' W. The navigable waters of the St. Marys River between 45c°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). 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. 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. The navigable waters of Puget Sound, Hood Canal and adjacent waters south of a line connecting Nodule Point (48°01.5' N 122°40.05′W) and Bush Point (48°01.5′ N 122°36.23′ W) in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point (47°34′ N 122°40′ W) on Whidbey Island to the shoreline. 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 (48°18′ N 123°32′ W); the navigable waters of the Strait of Georgia east of 122°52′ W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty of Juan de Fuca north and east of Race Rocks (48°18′N 123°32′ W); 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 Nodule Point (48°01.5′ N 122°40.05′ W) and Bush Point (48°01.5' N 122°36.23′ W) and all waters of Whidbey Island north of a line drawn due east from the southernmost tip of Possession Point (47°34′ N 122°40′ W) on Whidbey Island to the shoreline. 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. 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. TABLE 26.03(F).—VESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND 1VTS regulations are denoted in 33 CFR 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. 3Designated 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. 4VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550 MHz). All other reports, including the Final Report, shall be made on Channel 14 (156.700 MHz). VMRS and other VTS Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS area. New York Traffic may direct a vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or other safety factors. This does not require a vessel to monitor both primary frequencies. 5 A 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. 6 Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 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. 7A 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. The 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. [CGD 91-046, 57 FR 14485, Apr. 21, 1992; 57 FR 21740, May 22, 1992, as amended by CGD 90-020, 59 FR 36322, July 15, 1994; CGD 95-033, 60 FR 28328, May 31, 1995; CGD 92-052, 61 FR 45325, Aug. 29, 1996; CGD-1999-6141, 64 FR 69635, Dec. 14, 1999] § 26.04 Use of the designated fre quency. (a) No person may use the frequency designated by the Federal Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), to transmit any information other than information necessary for the safe navigation of vessels or necessary tests. (b) Each person who is required to maintain a listening watch under section 5 of the Act shall, when necessary, transmit and confirm, on the designated frequency, the intentions of his vessel and any other information necessary for the safe navigation of vessels. (c) Nothing in these regulations may be construed as prohibiting the use of the designated frequency to communicate with shore stations to obtain or furnish information necessary for the safe navigation of vessels. (d) On the navigable waters of the United States, channel 13 (156.65 MHz) is the designated frequency required to be monitored in accordance with $26.05(a) except that in the area prescribed in § 26.03(e), channel 67 (156.375 MHz) is the designated frequency. (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. (85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2)) [CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by CGD 83-036, 48 FR 30107, June 30, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57 FR 21741, May 22, 1992; CGD 90-020, 59 FR 36323, July 15, 1994; CGD 95-033, 60 FR 28329, May 31, 1995] § 26.05 Use of radiotelephone. Section 5 of the Act states that the radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this act. [CGD 93-072, 59 FR 39963, Aug. 5, 1994] § 26.06 Maintenance of radiotelephone; failure of radiotelephone. Section 6 of the Act states: (a) Whenever radiotelephone capability is required by this Act, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this Act, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. § 26.07 Communications. No person may use the services of, and no person may serve as, a person required to maintain a listening watch under section 5 of the Act, 33 U.S.C. 1204, unless the person can communicate in the English language. [CGD 90-020, 59 FR 36323, July 15, 1994, as amended by CGD 95-033, 60 FR 28329, May 31, 1995] § 26.08 Exemption procedures. (a) The Commandant has redelegated to the Assistant Commandant for Marine Safety and Environmental Protection, U.S. Coast Guard Headquarters, with the reservation that this authority shall not be further redelegated, the authority to grant exemptions from provisions of the Vessel Bridgeto-Bridge Radiotelephone Act and this part. (b) Any person may petition for an exemption from any provision of the Act or this part; (c) Each petition must be submitted in writing to U.S. Coast Guard, Marine Safety and Environmental Protection, 2100 Second Street SW., Washington, DC 20593-0001, and must state: (1) The provisions of the Act or this part from which an exemption is requested; and (2) The reasons why marine navigation will not be adversely affected if the exemption is granted and if the exemption relates to a local communication system how that system would fully comply with the intent of the concept of the Act but would not conform in detail if the exemption is granted. [CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 73-256, 39 FR 9176, Mar. 8, 1974; CGD 88-052, 53 FR 25119, July 1, 1988; CGD 95-057, 60 FR 34150, June 30, 1995; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 62 FR 33362, June 19, 1997] § 26.09 List of exemptions. (a) All vessels navigating on those waters governed by the navigation rules for Great Lakes and their connecting and tributary waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the Vessel Bridge-toBridge Radiotelephone Act and this part until May 6, 1975. (b) Each vessel navigating on the Great Lakes as defined in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to which the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, and 1205 and the regulations under §§ 26.03, 26.04, 26.05, 26.06, and 26.07. Each of these vessels and each person to whom 33 U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, XV, and XVI and Technical Regulations 1-9 of "The Agreement Between the United States of America and Canada for Promotion of Safety on the Great Lakes by Means of Radio, 1973." [CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74-291, 39 FR 44980, Dec. 30, 1974; CGD 83-003, 48 FR 7442, Feb. 18, 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992] |