We also need to appreciate that we are working directly for the Coast Guard
23
Federal Regulations - Part 66 – Private Aids to Navigation with voice over on each slide. Click on the icon to hear the presentation after you read the slide. Prepared and presented by the First Northern Navigation Systems
We also need to appreciate that we are working directly for the Coast Guard
Federal Regulations - Part 66 – Private Aids to Navigation with voice over on each slide. Click on the icon to hear the presentation after you read the slide. Prepared and presented by the First Northern Navigation Systems Team. - PowerPoint PPT Presentation
Citation preview
Part 66 – Private Aids to NavigationFederal Regulations - Part 66 –
Private Aids to Navigation with voice over on each slide. Click on
the icon to hear the presentation after you read the slide.
Prepared and presented by the First Northern Navigation Systems
Team.
The First Northern Navigation Systems Team welcomes you to a
presentation of the Federal Regulations that apply to Private Aids
to Navigations.
Part of your responsibility as an AV is to become well aware of
these regulations and to understand how they apply to what we do as
qualified and current AVs and what the owners of the private aids
are required to do under these Federal Regulations as well as the
scope of the responsibilities and the authority of the Coast Guard
in these matters.
1
Understand that, as AVs, we are operating under the Federal
Regulations of the United States of America when we verify PATONs –
Private Aids to Navigation, when we survey Bridges and when we
check ATONS - Federal Aids to Navigation.
A summary of this slide boils down to the realization that
everything that we do as AVs is defined by Federal Regulations. I
will try to make this point clear in my presentation.
2
We also need to appreciate that we are working directly for the
Coast Guard.
As AVs, we also need to always remember that we work for the Coast
Guard when we perform Private Aids to Navigation verifications and
checks. We also must realize that we must follow the established
guidelines very closely and accurately in order for our reports to
be usable by the Coast Guard.
3
§ 66.01–1 Basic provisions.
No person, public body or instrumentality not under the control of
the Commandant, exclusive of the Armed Forces, shall establish and
maintain, discontinue, change or transfer ownership of any aid to
maritime navigation, without first obtaining permission to do so
from the Commandant.
Authority is provided to the District Commander who establishes
local authority to the DPW 1 (Department Prevention Waterways)
under a Private Aid to Navigation Manager. [Steve Pothier]
Note the inclusiveness of this statement about getting permission
to deploy a private aids to navigation – Establish – Maintain –
Discontinue – Change – or transfer ownership. Also note that the
Federal Regulations assign control of Private Aids to the
Commandant of the Coast Guard.
Obviously the Commandant delegates responsibility to the District
Commanders who organizes the DPW to manage the day-to-day details
for the Commandant. The Private Aid to Navigation Manager for the
First District is Steve Pothier in Boston.
DPW 1 means Department Prevention – Waterways. The 1 referenced
Coast Guard District 1.
4
The term private aids to navigation includes all marine aids to
navigation operated in the navigable waters of United States other
than those operated by the Federal Government or those operated in
State waters for private aids to navigation
Military normally follow the standard documentation rules as well
as the States and local Municipalities.
With the exception of radar beacons (recons) and shore based radar
stations, operation of electronic aids to navigation as private
aids will not be authorized.
This section defines the extent of the Commandant’s responsibility
to the whole of the United States and its territories.
While Military organization and States do not fall under this
Federal Regulation, most military and states comply with these
rules and apply for permits.
Also note that electronic aids are not authorized as private aids.
However, there are Fog Signals and RECONs established as private
aids in First Northern. In general, they are Class I Private
Aids.
5
§ 66.01–3 Delegation of authority to District Commanders.
The Commandant delegates to the District Commanders within the
confines of their respective districts the authority to grant
permission to establish and maintain, discontinue, change or
transfer ownership of private aids to maritime navigation, and
otherwise administer the requirements of this subpart.
This is handled by the Private Aid to Navigation Manager in DPW 1
in Boston.
Delegation of authority was covered on a previous slide. In
general, it provides the Commandant the authority to delegate the
day-to-day management of the private aid program to the District
Commanders who establish DPW departments for this purpose.
6
§ 66.01–5 Application procedure.
Application to establish and maintain, discontinue, change, or
transfer ownership of a private aid to navigation shall be made to
the Commander of the Coast Guard District in which the private aid
to navigation is or will be located.
Application forms (CG–2554) will be provided upon request.
The applicant shall complete all parts of the form applicable to
the aid to navigation concerned, and shall forward the application
in triplicate to the District Commander.
In the First District, aid owners are required to register on-line
and use an on-line CG-2554 PATON Application format that is part of
the Web-based PATON System.
Required fields insure that the proper information is
submitted.
Application Reports are transmitted to DPW 1 in Boston.
To further clarify the private aid owner’s responsibility, the
Regulations define the content of the CG 2554 PATON Application
Report’s content.
In the First District, the CG2554 form is provided to the owner in
the on-line PATON System. When the permit application is submitted
on-line, the PATON System controls the distribution process to the
Coast Guard. The system also controls the approval process by
computer which now takes only a few weeks at the most.
Each PATON must register on the PATON System and submit PATON
Applications on line in the First District.
7
The following info is required:
The proposed position of the aid to navigation by two or more
horizontal angles, or bearings and distance from charted landmarks.
A section of chart or sketch showing the proposed location of the
aid to navigation shall be included.
The name and address of the person at whose expense the aid will be
maintained.
The name and address of the person who will maintain the aid to
navigation.
This is termed the POC-Person of contact.
The specific information that is required from the PATON Owner for
a PATON permit is defined on the on-line PATON Application.
The lat and long is defined as required. Use of a GPS is
permitted.
The name and address of the PATON Owner is a requirement.
The name and address of the POC-person of contact is a
requirement.
These fields are provided on the on-line CG2554 PATON Application
form or the PATON Registration Form.
8
The time and dates during which it is proposed to operate the
aid.
Owner now indicated whether the aid is ANNUAL, or SEASONAL. If
Seasonal, Set and Pull dates are required.
For fog signals: Type (whistle, horn, bell, etc.) and
characteristic. Fields and menus are provided’
For buoys or daybeacons: Shape, color, number, or letter, depth of
water in which located or height above water. Fields and menus are
provided.
For racons: Manufacturer and model number of racon, height above
water of desired installation, and requested coding characteristic.
Equipment must have FCC authorization.
Duration of aid is required. This can be Seasonal, Annual or
Temporary. Seasonal aids need the month and day when that will be
set out each year and the month and day when they will start to be
pulled for the year.
A menu is provided for defining the necessity for the PATON.
Special fields are provided for lighted aids calling for the light
color, the light characteristics, the light period, the height
above water for fixed private aids and a description of the
lighting apparatus.
A menu is provided for fog signals, the aid type, the aid color,
the material of the aid and the numbers or lettered on the
aid.
For RACONS, Manufacturer and Model Number must be provided.
Equipment must have FCC authorization.
9
§ 66.01–10 Characteristics.
The characteristics of a private aid to navigation shall conform to
the United States Aids to Navigation System described in Subpart B
of Part 62 of this subchapter.
The IALA-B System refers to lateral aids only.
This section defines that the aids must conform to the IALA-B Aid
to Navigation System.
10
§ 66.01–15 Action by Coast Guard.
Class I: Aids to navigation on marine structures or other works
which the owners are legally obligated to establish, maintain and
operate as prescribed by the Coast Guard.
(Class I aids are inspected by the Coast Guard.)
Class II: Aids to Navigation exclusive of Class I located in waters
used by general navigation.
(Generally are lateral aids and lighted aids.)
Class III: Aids to navigation exclusive of Class I located in
waters not ordinarily used by general navigation.
(Class III are mainly used for Regulatory Aids)
DPW 1 receives all PATON Applications and assigned their Class
Codes.
Class One PATONs are required by law.
Class Two PATONs are generally lateral aids and lights.
Class Three PATONs are normally regulatory aids – No Wake, Speed,
Swim aids and the like.
11
§ 66.01–20 Inspection.
All classes of private aids to navigation shall be maintained in
proper operating condition
(by the owner).
They are subject to inspection by the Coast Guard at any time and
without prior notice.
Private Aids to Navigation must be maintained in proper operating
condition by their owner.
Private aids to Navigation can be verified at any time without any
prior notice.
12
§ 66.01–25 Discontinuance and removal.
No person, public body or instrumentality shall change, move or
discontinue any authorized private aid to navigation required by
statute or regulation ( Class I ) without first obtaining
permission to do so from the District Commander.
Basically, Class I PATON Owners can’t do anything to their PATON
without getting permission from the Coast Guard.
13
Private aids to navigation which have been authorized pursuant to
this part shall be discontinued and removed without expense to the
United States by the person, public body or instrumentality
establishing or maintaining such aids when so directed by the
District Commander.
Class II and III PATONs must give the Coast Guard 30 days notice in
order to remove or discontinue their aids.
Also, the owner must remove these PATONs without expense to the
Coast Guard.
14
§ 66.01–30 Corps of Engineers’ approval.
The application to establish any private aid to navigation
consisting of a fixed structure shall show evidence of the required
permit having been issued by the Corps of Engineers.
Before a fixed PATON can be placed in the seabed, the owner must
receive permission from the USACE – Army Corps of Engineers.
Reference to this permit number must be on the PATON Record.
15
§ 66.01–40 Exemptions.
Persons marking bridges pursuant to Subchapter J of this title are
exempted from the provisions of § 66.01–5.
Basically, Federal PATON Regulations do not override existing laws
in the area or the marking of bridges.
16
§ 66.01–45 Penalties.
Any person, public body or instrumentality, excluding the armed
forces, who shall establish, erect or maintain any aid to maritime
navigation without first obtaining authority to do so from the
Coast Guard, with the exception of those established in accordance
with § 64.10 of this chapter, or who shall violate the regulations
relative thereto issued in this part, is subject to the provisions
of 14 U.S.C. 83.
[These are called “Unauthorized” Aids]
Any one who sets out a aid to navigation without first getting a
permit is subject to provisions of Section 14 USC 83. This is
specifically related to what we term “Non-Permitted Aids.”
17
14 USC 83
No person, or public body, or instrumentality, excluding the armed
services, shall establish, erect, or maintain any aid to maritime
navigation in or adjacent to the waters subject to the jurisdiction
of the United States, its territories or possessions, or the Trust
Territory of the Pacific Islands, or on the high seas if that
person, or public body, or instrumentality is subject to the
jurisdiction of the United States, without first obtaining
authority to do so from the Coast Guard in accordance with
applicable regulations.
This is the body of 14 USC 83 which is similar to the information
on the previous slide.
18
14 USC 83
Whoever violates the provisions of this section or any of the
regulations issued by the Secretary in accordance herewith shall be
guilty of a misdemeanor and shall be fined not more than $100 for
each offense.
Each day during which such violation continues shall be considered
as a new offense.
The 14 USC 83 prescribes a fine of $100 for each offense. Note the
each day that the offense exists is considered a new offense.
19
§ 66.01–50 Protection of private aids to navigation.
Private aids to navigation lawfully maintained under these
regulations are entitled to the same protection against
interference or obstruction as is afforded by law to Coast Guard
aids to navigation. If interference or obstruction occurs, a prompt
report containing all the evidence available should be made to the
Commander of the Coast Guard District in which the aids are
located.
Permitted private aids are afforded the protection against
interference or obstruction by law as the Federal Aids to
Navigation.
20
§ 66.01–55 Transfer of ownership.
When any private aid to navigation authorized by the District
Commander, or the essential real estate or facility with which the
aid is associated, is sold or transferred, both parties to the
transaction shall submit application to the Commander of the Coast
Guard District in which the aid is located requesting authority to
transfer responsibility for maintenance of the aid.
The party relinquishing responsibility for maintenance of the
private aid to navigation shall indicate on the application form
(CG–2554) both the discontinuance and the change of ownership of
the aid sold or transferred.
In effect, the owner has to submit an application to the Coast
Guard that cancels the private aid.
The new owner has to submit a new application for the aid.
Both reports should reference the old and new owner
information.
21
In the event the new owner of the essential real estate or facility
with which the aid is associated refuses to accept responsibility
for maintenance of the aid, the former owner shall be required to
remove the aid without expense to the United States.
This requirement shall not apply in the case of any authorized
private aid to navigation required by statute or regulation (Class
I, § 66.01–15) which shall be maintained by the new owner until the
conditions which made the aid necessary have been eliminated.
If the new owner reuses to accept responsibility for the PATON, the
previous owner is held responsible for the aid.
Note that there are special provisions for Class 1 private
aids.
22
AV/PQS – check off Task 5
If you are presenting this PowerPoint in your area to a group, let
me know ahead of time and I will make myself available to answer
questions by phone.