Private AIS Virtual Aids to Navigation

[jimh]

As noted in a prior article, the Coast Guard of the United States of America (USCG) has begun to use virtual aids to navigation (AtoNs) that transmit their presence electronically via the automatic identification system (AIS). For some remarks on USCG virtual AIS AtoNs see

http://continuouswave.com/forum/viewtopic.php?f=9&t=229

Private agencies are now also employing virtual AIS AtoNs. In New York an electric utility is using virtual AIS AtoNs to alert mariners to the location of an undersea electric power transmission line. The New York Power Authority (NYPA) has deployed virtual AIS AtoNs to protect its 693-Megawatt electric power transmission line that crosses 26-miles of Long Island Sound.

A large area of Long Island Sound between Hempstead Harbor on Long Island and Davenport Neck on the mainland is designated on NOAA charts with this warning:

Cable Area
Restrictions: anchoring restricted, trawling restricted, dragging prohibited

This area is now marked electronically with virtual AIS AtoNs. The NYPA has installed shore stations which transmit the location of the virtual AIS AtoNs to vessels in the local area with AIS receivers or transponders. Commercial ships are now generally required to have AIS transponders and will see these virtual buoys on their electronic chart plotters.

The motivation to protect the undersea power transmission line with virtual AIS AtoNs was likely due to an incident in 2014, when the cable was damaged by the anchor of a commercial ship. As a result of a ship's anchor dragging and snagging the cable, the NYPA is seeking more than $30-million in compensation from the shipping company. See

http://www.professionalmariner.com/May-2014/damaged-NY-power-cable/


VESPER MARINE

The equipment for transmission the virtual AIS AtoNs was supplied to NYPA by Vesper Marine of New Zealand. More at

http://tdworld.com/blog/new-york-power-authority-deploys-system-avoid-anchor-strikes-underwater-transmission-cables

In addition to just transmitting the radio signal to show a string of virtual AIS AtoNs crossing Long Island Sound, NYPA has also purchased an AIS vessel movement monitoring system, the Vesper Marine WatchMate ASSET PROTECTION system. The WatchMate Asset Protection system monitors in real time the AIS transmission from all AIS-vessels in the area of the protected zone. The system examines the course and speed of all AIS-vessels to assess their possible intention to anchor. If the monitoring system suspects that a vessel may be intending to anchor in the protected area, the system will send a text warning message to the vessel using a facility in the AIS system for such messages. This message goes directly to the vessel suspected to be about to anchor. (More information is available in a press release.) The NYPA has also purchased the Vesper Marine WatchMate Asset Protection monitoring service.

I believe the system is probably sending an AIS MESSAGE 12, which is an "AIS addressed safety related message." This message is sent to a particular recipient and can be up to 156 characters in length.

The attraction of the Vesper WatchMate Asset Protection system is its autonomous operation. The system operates 24/7 without needing a supervising human operator.

A virtual AIS AtoN system requires an FCC approved transmitter. Vesper sought a waiver from the FCC to permit its virtual AIS AtoN transmitter to be used. See

https://apps.fcc.gov/edocs_public/attachmatch/DA-16-17A1.pdf

The approval of the equipment was needed because USCG regulations require that before they can grant approval for a private entity to operate a virtual AIS, the equipment used must be approved by the FCC.

Operation of an virtual AIS AtoN transmitter also requires an FCC license. At this writing, it appears that the FCC does not have a provision in place in its PART 80 rules for licensing of privately-operated AIS AtoN beacon transmitters. Compare at:

https://ecfsapi.fcc.gov/file/60001810761.pdf

At present, ship stations in the VHF Marine Band (regulated under Part 80, Maritime Radio Services) are either licensed by rule or licensed individually by the FCC. Shore stations are licensed individually. The present application for a shore station license does not appear to encompass virtual AIS AtoN transmitters.

How will private use of virtual AIS AtoNs grow in the future? Will a local yacht club be able to install virtual AIS AtoNs for their sail boat races? Or will private use of virtual AIS AtoNs be limited to protecting important public interests such as this critical undersea power transmission line providing power to a community of millions of residents?

[jimh]

A private virtual AIS aid to navigation nonetheless will be a private aid to navigation, and private aids to navigation are regulated by the federal regulations at 33 CFR 66.01-5, which I reproduce below:

--begin reproduced text of federal regulations--
33 CFR Part 66, Subpart 66.01 - Aids to Navigation Other Than Federal or State

§ 66.01-1 Basic provisions.

(a) No person, public body, or instrumentality not under the control of the Commandant, exclusive of the Armed Forces, will establish and maintain, discontinue, change or transfer ownership of any aid to maritime navigation, without first obtaining permission to do so from the Commandant.

(b) For the purposes of this subpart, the term private aids to navigation includes all marine aids to navigation operated in the navigable waters of the United States other than those operated by the Federal Government (part 62 of this subchapter) or those operated in State waters for private aids to navigation (subpart 66.05).

(c) Coast Guard authorization of a private aid to navigation does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other Federal, State or local laws or regulations.

§ 66.01-3 Delegation of authority to District Commanders.

(a) Under Section 888 of Pub. L. 107-296, 116 Stat. 2135, the Commandant delegates to the District Commanders within the confines of their respective districts (see Part 3 of this chapter for descriptions) 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.

(b) The decisions of the District Commander may be appealed within 30 days from the date of decision. The decision of the Commandant in any case is final.

§ 66.01-5 Application procedure.

To establish and maintain, discontinue, change, or transfer ownership of a private aid to navigation, you must apply to the Commander of the Coast Guard District in which the aid is or will be located. You can find application form CG-2554 at http://www.uscg.mil/forms/form_public_use.asp. You must complete all parts of the form applicable to the aid concerned, and must forward the application to the District Commander. You must include the following information:

(a) The proposed position of the aid to navigation by two or more horizontal angles, bearings and distance from charted landmarks, or the latitude and longitude as determined by GPS or differential GPS. Attach a section of chart or sketch showing the proposed position.

(b) The name and address of the person at whose expense the aid will be maintained.

(c) The name and address of the person who will maintain the aid to navigation.

(d) The time and dates during which it is proposed to operate the aid.

(e) The necessity for the aid.

(f) For lights: The color, characteristic, range, effective intensity, height above water, and description of illuminating apparatus. Attach a copy of the manufacturer's data sheet to the application.

(g) For sound signals: Type (whistle, horn, bell, etc.) and characteristic.

(h) For buoys or daybeacons: Shape, color, number, or letter, depth of water in which located or height above water.

(i) For AIS AtoN and racons: Manufacturer and model number of AIS AtoN and racon, position and height above water of desired installation, and requested MORSE coding or AIS AtoN message characteristics. Equipment must have FCC authorization.[Emphasis added]
--end reproduced text of federal regulations--
(Compare at https://www.law.cornell.edu/cfr/text/33/part-66/subpart-66.01)

The procedure for establishing a virtual AIS AtoN would appear to first obtain permission from the Commandant of the USCG or a local district commander to establish a private aid to navigation. Once that is granted, obtaining an MMSI and FCC station license for the transmitter would be the next step. I am investigating the FCC Universal Licensing Service (ULS) website to see if there is any provision for a shore station license for an AIS AtoN transmitter.