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
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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
Transcript of We also need to appreciate that we are working directly for the Coast Guard.
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.
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.
