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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the United States of America amending the Technical Regulations annexed to the Agreement between Canada and the United States for Promotion of Safety on the Great Lakes by means of Radio, 1973 [1978] CATSer 17 (29 December 1978)

E103807 - CTS 1978 No. 24

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AMENDING THE TECHNICAL REGULATIONS ANNEXED TO THE AGREEMENT BETWEEN CANADA AND THE UNITED STATES FOR PROMOTION OF SAFETY ON THE GREAT LAKES BY MEANS OF RADIO, 1973

I

The Acting Secretary of State for External Affairs of Canada to the Ambassador of the United States of America

OTTAWA, December 29, 1978

No. FLA-1767

His Excellency Thomas O. Enders
Ambassador of the United States of America
Ottawa

Excellency,

I have the honour to refer to the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by means of Radio, 1973, signed at Ottawa on February 26, 1973 and to discussions between interested agencies of our two Governments concerning the amendment of the Technical Regulations annexed to that Agreement.

Further to those discussions I now have the honour to propose that the Technical Regulations be amended as follows:

(a) That Regulations 1 and 2 be deleted and replaced by revised Regulations 1 and 2 relating to VHF radio-telephone stations and installations; and

(b) That a new Regulation 8 be added specifying the connecting and tributary waters to which the Agreement applies, in accordance with the provisions of Article I (d).

Regulations 3 to 7 inclusive would remain unchanged.

The proposed amendments are contained in an Annex attached to this Note.

If these proposals are acceptable to the Government of the United States, I have the further honour to propose that this Note, together with its Annex, which are authentic in English and French, and Your Excellency's reply to that effect shall constitute an Agreement between our two Governments to amend the Technical Regulations annexed to the Agreement for Promotion of Safety on the Great Lakes by means of Radio, 1973, which shall enter into force on the date of your reply with effect from February 1, 1979, in accordance with the provisions of paragraph 2 of Article XVIII of the 1973 Agreement.

Accept, Excellency, the renewed assurances of my highest consideration.

R. Leblanc

Acting Secretary of State for External Affairs

ANNEX

TECHNICAL REGULATIONS

Regulation 1

VHF Radiotelephone Station

1. On every vessel of less than 38 meters (124 feet) in registered length the VHF radiotelephone station shall consist of at least one installation that includes a transmitter and receiver, associated control equipment, and source of electrical energy.

2. On every vessel of 38 meters (124 feet) or over in registered length the VHF radiotelephone station shall consist of at least two VHF installations, each of which includes the equipment required by paragraph 1 of this Regulation. The second VHF installation shall be electrically separate and independent of the first installation, except as provided in sub-paragraph 4 (d) of this Regulation.

3. Either Contracting Government may, for the purpose of applying the provisions of paragraphs 1 and 2 to vessels entitled to fly its own flag of a non-Contracting Government, substitute 300 gross tons for 38 meters (124 feet) in registered length.

4. The VHF radiotelephone station on every vessel shall meet the following requirements:

(a) every VHF radiotelephone installation, exclusive of its antenna and source of electrical energy, shall be located as high as practicable on the vessel, preferably on the bridge, and shall be suitably protected from the harmful effects of water, temperature, electrical and mechanical noise;

(b) the main operating position of every VHF radiotelephone installation shall be on the bridge, convenient to the conning position. If provision is made for operation at other locations, it shall always be possible to take immediate and complete control of the installation at the bridge operating position;

(c) the antenna for every VHF radiotelephone installation shall be capable of transmitting and receiving vertically polarized signals, and shall be installed as high as practicable on the vessel in such a manner as to provide an essentially omnidirectional radiation pattern;

(d) the source of electrical energy for the VHF radiotelephone station shall be located as high as practicable on the vessel, and if batteries are used to supply that electrical energy, means shall be provided for charging such batteries; on vessels requiring two VHF installations both may be connected to the main source of energy, however, provision shall be made for operation of at least one installation from a separate source of energy located high in the vessel; and

(e) provision shall be made for internally or externally illuminating the operating controls of every VHF radiotelephone installation.

Regulation 2

VHF Radiotelephone Installation

1. Every VHF radiotelephone installation shall comply with appropriate technical characteristics prescribed in the International Radio Regulations.

2. Every VHF radiotelephone installation shall be capable of:

(a) transmitting and receiving type F3 emission on:

i) channel 16 - 156.80 MHz - Distress, safety and calling,

ii) channel 6 - 156.30 MHz - Primary intership,

iii) those of the following ship movement channels appropriate to the area of operation: 11(156.55 MHz), 12, (156.60 MHz), 13 (156.65 MHz) and 14 (156.70 MHz),

iv) such other frequencies as are required for the vessel's service; and

(b) receiving type F3 emission on a VHF channel used for the transmission of marine navigation warnings for the area of operation.

3. Every VHF radiotelephone transmitter shall be capable of delivering at least 10 watts carrier power to its antenna. In the case of a transmitter operating with 25 kilohertz spacing between adjacent channels, provision shall be made at the main operating position to reduce this power readily to 1 watt or less.

4. Every VHF radiotelephone receiver shall have a sensitivity of at least two microvolts across 50 ohm or equivalent input terminals, for a 20 decibel signal-to-noise ratio.^

(Regulations 3, 4, 5, 6 and 7 - No change.)

Regulation 8

Connecting and Tributary Waters Not Included in Definition of Great Lakes

For purposes of the application of the Agreement, the "Great Lakes" as defined in Article 1(d) thereof, shall not include any connecting and tributary waters thereof other than: the St. Marys River, the St. Clair River, Lakes St. Clair, the Detroit River and the Welland Canal.

II

The Chargé d'Affaires, a.i. of the United States Embassy in Canada to the Secretary of State for External Affairs

OTTAWA, December 29, 1978

No. 349

The Honorable Don Jamieson
Secretary of State for External Affairs
Ottawa

Sir:

I have the honor to acknowledge receipt of your Note No. FLA-1767, dated December 29, 1978, concerning the Agreement between Canada and the United States of America for Promotion of Safety on the Great Lakes by Means of Radio, 1973, which reads as follows:

(See Canadian Note No. FLA-1767 dated December 29, 1978)

In reply, I have the honor to inform you that the Government of the United States accepts the proposals set forth in your Note and the Annex thereto, and further agrees that your Note and this Note in reply shall constitute an Agreement between our two Governments to amend the technical regulations annexed to the Agreement for Promotion of Safety on the Great Lakes by Means of Radio, 1973, which shall enter into force on the date of this Note with effect from February 1, 1979, in accordance with the provisions of paragraph 2 of Article XVIII of the 1973 Agreement.

Accept, Sir, the renewed assurances of my highest consideration.

Robert W. Duemling

Chargé d'Affaires ad interim