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Exchange of Notes (March 30 and May 3, 1984) between the Government of Canada and the Government of the United States of America constituting an Agreement of September 16, 1964 regarding the Construction and Operation and Maintenance of Loran-C Station in Newfoundland [1984] CATSer 14 (3 May 1984)

E103772 - CTS 1984 No. 19

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT OF SEPTEMBER 16, 1964 REGARDING THE CONSTRUCTION AND OPERATION AND MAINTENANCE OF A LORAN-C STATION IN NEWFOUNDLAND

I

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

OTTAWA, March 30, 1984

ETT-0587

His Excellency Mr. Paul Heron Robinson, Jr.,
Ambassador of the United States of America,
Ottawa

Excellency,

I have the honour to refer to the Exchange of Notes of September 16, 1964 constituting an Agreement between our two Governments regarding the construc­tion, operation and maintenance of a Loran-C Station in Newfoundland and to recent consultations that have been held between representatives of the Canadian Coast Guard and the United States Coast Guard on the subject of improvements to navigation systems on the Atlantic coast off Eastern Canada and the North Eastern United States of America.

With a view to achieving the required improvement to navigational facilities, the Government of Canada proposes that our two Governments enter into an Agreement for the establishment, operation and maintenance of two Loran-C chains, the Canadian East Coast Loran-C chain and the Labrador Sea Loran-C chain. The supply of equipment, construction, operation and maintenance of the proposed Loran-C installations will be subject to the terms and conditions contained in the Annex to this Note. The cooperating agencies will be responsible for the funding of the operations of the parts of the systems located on the territories of their respective countries. The United States Coast Guard will be responsible for the funding of Loran-C stations not located on either U.S. or Canadian territory in accordance with agreements to be concluded between the United States and the particular host nation involved.

It is understood that should either agency wish to assume operation of the Loran-C chains following a decision by the other agency to cease funding Loran-C operations, the Agency wishing to cease funding will give favourable consideration, where possible, to operating the stations located on its country’s territory on a cost reimbursable basis, if so requested.

It is understood that the carrying out of this Agreement is conditional on both the Government of the United States and the Government of Canada making available the required funds.

If the foregoing is acceptable to the Government of the United States, I have the further honour to propose that this Note, together with its Annex, which is authentic in English and French, and your reply to that effect shall constitute an Agreement between our two Governments regarding this matter, which shall enter into force on the date of your reply and remain in force subject to the right of either Government to terminate it upon twelve months notice to the other. It is understood that the present Agreement constituted by the Exchange of Notes of September 16, 1964.

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

Allan J. MacEachen

Secretary of State for External Affairs

ANNEX

Terms and Conditions Governing the Establishment, Maintenance and Operation of joint Loran-C coverage by the Canadian East Coast and Labrador Sea Chains off Eastern Canada and North Eastern United States of America.

1. Co-operating Agencies

The project shall be conducted by Co-operating Agencies designated by each Government. On the part of the Government of the United States of America, the Co-operating Agency will be the United States Coast Guard, (hereinafter referred to as USCG) and on the part of the Government of Canada, the Co-operating Agency will be the Canadian Coast Guard (hereinafter referred to as CCG). Either Government may change the designation of its Co-operating Agency by means of a notice in writing to the other Government.

Subsidiary arrangements for the purpose of implementing this Agreement may be entered into by the Co-operating Agencies. Such subsidiary arrangements may be modified by the Co-operating Agencies as necessary from time to time, within the purposes of the present Agreement.

2. Shared Funding of Joint Systems

Effective April 1, 1980, CCG assumed, from USCG, the cost of operating the St. Anthony monitor station. Effective April 1, 1983, CCG assumed, from USCG, the cost of operating the Cape Race Loran-C station. Thereafter, each Co-operating Agency is responsible for the operation of its part of the system located in its country.

3. Transmitting Station Sites

Canadian East Cost-Loran-C Chain

The Canadian East Coast Loran-C Chain will comprise transmitting stations at Caribou, Maine, Nantucket, Massachusetts, Cape Race, Newfoundland and Fox Harbour, Labrador. Associated with these stations will be monitor stations at Cape Elizabeth, Maine and Montague, Prince Edward Island and a control and monitor station at St. Anthony, Newfoundland.

Labrador Sea Loran-C Chain

The Labrador Sea Chain will comprise transmitting stations at Fox Harbour, Labrador, Cape Race, Newfoundland and Angissoq, Greenland. Associated with these stations will be the monitor and control station at St. Anthony, Newfoundland.

North Atlantic Loran-C Chain

When the Cape Race, Newfoundland and St. Anthony, Newfoundland stations become part of the Labrador Sea Loran-C Chain, they can no longer operate in the North Atlantic Loran-C Chain. Any reconfiguration by the USCG of the North Atlantic Loran-C Chain required as a result of this will be coordinated with the CCG.

Site Selection, Acquisition and Management

Site selection, acquisition and management will be the responsibility of the Co­operating Agency of the country on whose territory the site is located. The Angissoq, Greenland site which will be part of the North Atlantic Chain and the Labrador Sea Chain will be the responsibility of the USCG, as specified in appropriate agreements.

Should it be found necessary, in the future, to extend Loran-C coverage northward of the Labrador Sea Chain, the CCG, in cooperation with the USCG and the Danish Government, if applicable, will select the required site(s).

4. Loran-C Electronic Equipment

As previously identified, this Agreement encompasses two Loran-C chains - the Labrador Sea Chain and the Canadian East Coast Chain, consisting in total of five (5) transmitting stations, one (1) monitor and control station and two (2) unmanned remote area monitor stations. Detailed below are the responsibilities of each agency as they pertain to the supply, operation and maintenance of electronic equipment of each of the stations.

Unmanned Monitor Site - Cape Elizabeth

- The USCG to provide, operate and maintain all necessary on-site equipment to monitor the Loran-C signals.

- The USCG to provide and maintain necessary landline communication from Cape Elizabeth to the border crossing point en route from Cape Elizabeth to the control station at St. Anthony.

- The CCG to provide and maintain necessary landline communication from the border to control station, St. Anthony.

Unmanned Monitor Site - Montague

- The USCG to provide and retain ownership of all necessary on-site equipment to monitor the Loran-C signals.

- The CCG to maintain all necessary on-site equipment plus provide and maintain all necessary landlines.

Monitor and Control Station - St. Anthony

- The USCG to provide and retain ownership of all necessary on-site equipment to monitor the Loran-C signals and control chain operations.

- The USCG to provide and maintain the required landlines from Nantucket, and Caribou to the border crossing point en route to St. Anthony.

- The USCG and CCG to share equally the transoceanic cable costs from Angissoq to Canada.

- The CCG to maintain and operate all necessary on-site equipment.

- CCG to install, with USCG assistance, necessary equipment not yet on site.

- The CCG to provide and maintain the required landlines originating at Nantucket, Angissoq and Caribou from the Canadian border to St. Anthony, as well as the necessary landlines from Fox Harbour to St. Anthony, and Cape Race to St. Anthony.

Transmitting Station - Nantucket

- The USCG to provide, operate and maintain all necessary on-site equipment to produce, receive, synchronize and monitor the Loran-C signals.

- The USCG to replace existing AN/FPN-42 transmitters with a transmitter(s) of improved power output capability as soon as is practical to improve signal coverage in the tail of the Bank area off southeast Newfoundland.

Transmitting Station - Caribou

- The USCG to provide, operate and maintain all necessary on-site equipment to produce, receive, synchronize and monitor the Loran-C signals.

- The USCG to replace existing AN/FPN-42 transmitters with a transmitter(s) of improved power output capability as soon as is practical to improve signal coverage in the tail of the Bank area off southeast Newfoundland.

Transmitting Station - Angissoq

- The USCG to provide and make provisions to operate and maintain all necessary on-site equipment to produce, receive, synchronize and monitor the Loran-C signals.

Transmitting Station - Cape Race

- The USCG to provide and retain ownership of all necessary on-site equipment to produce, receive, synchronize and monitor Loran-C signals with Two Pulse Communications used as the back-up method of control.

- The USCG to replace the existing vacuum tube power supply with a solid state system at no cost to Canada.

- The CCG to operate and maintain all necessary on-site equipment.

Transmitting Station - Fox Harbour

- The CCG to provide and install the antenna and antenna transmitter equipment, and operate and maintain all necessary on-site equipment to produce, receive, synchronize and monitor Loran-C signals.

- The USCG to provide and assist in the installation and checkout (at CCG expense) of all necessary Timing and Control equipment, including provisions for Two Pulse Communications and Remote Operating System.

- The USCG to assist in electronics checkout and station certification. The USCG will not be required to supervise the activities of Megapulse personnel who will be involved with the transmitter installation and checkout.

5. Buildings

The USCG will provide, without charge, typical plans for the buildings to house major Loran-C equipment. These plans will specify space requirements, equipment locations, floor plans, bonding, ducting, floor loading, cable routing and other details and criteria peculiar to Loran-C station construction. The CCG will construct and maintain all buildings necessary to house the various Loran-C equipments located at sites in Canada. The USCG will make provisions to maintain all buildings necessary at stations currently a part of these chains other than those in Canada.

6. Primary and Standby Power - Ancillary Equipment

The CCG will provide primary and standby electrical power suitable for operation of Canadian stations, and all ancillary equipment for station operation. The USCG will provide the primary and standby electrical power for United States stations, and make provisions for the same at the Angissoq, Greenland, station. The USCG will identify the power requirements of electronic equipment which it will furnish.

7. Communications

Detailed communications, command and control plans, to the mutual satisfaction of the USCG and the CCG, will be established and maintained by the CCG for both the Canadian East Coast Chain and the Labrador Sea Chain. In general, the primary means of communication will be via landline and the secondary means of communication will be via either Two Pulse Communication or redundant landline circuits. Landline costs will be shared in that the USCG will assume that portion of the costs within the U.S., and the CCG will assume that portion of the costs within Canada. Trans-Atlantic costs will be equally shared.

USCG will provide and install Two Pulse Communication at Angissoq at no cost to the CCG. USCG will provide and install Two Pulse Communication at Fox Harbour and Cape Race. The USCG will provide and install equipment at St. Anthony for access to the Two Pulse Communications at Cape Race.

8. Antennas and Ground Systems

The USCG will provide, without charge, design specifications and erection criteria for typical Loran-C transmitting and receiving station antennas and ground systems. Locations of antennas and ground systems will be the responsibility of the Co-operating Agency in whose country the system exists. USCG will be responsible for systems at Angissoq, Greenland.

9. Training

Required training of Canadian personnel will be provided by the USCG. Training will be required both for technical (maintenance) personnel and watchstander personnel.

Canadian civilian personnel will be accorded equivalent U.S. Government status when attending USCG training establishments.

10. Operation and Maintenance

The chains will be operated in accordance with standard Loran-C operating procedures and techniques, subject to any modifications agreed to after consultation between the Co-operating Agencies.

The operation and maintenance functions of the stations located in Canada, and costs associated therewith are to be carried out and paid for by the CCG. However, as covered in Section 2, Canada will not assume the operating and maintenance costs of Cape Race until April 1, 1983. The operation and maintenance functions of the stations located in the U.S.A. and Greenland, and the costs associated therewith, are to be the responsibility of the USCG.

Depot maintenance (i.e., printed circuit board and equipment module repair) for all applicable electronic equipment will normally be conducted by the USCG under terms of interagency operating procedures (contracts). All items will be allowed duty free access into and out of the U.S. For budget planning purposes, the USCG will advise the CCG, on an annual basis, of the projected cost of repair for major component and printed circuit boards, comprising the various Loran-C equipment types used at Cape Race, Montague, St. Anthony and Fox Harbour.

The USCG will undertake to ensure adequate Loran-C equipment spare parts are available during the life of this Agreement.

Details of all approved equipment modifications and field change kits and supply of such kits will be provided to the CCG free of charge on a routine basis, with the exception that field change kits for CCG-owned equipment will be provided to the CCG at cost.

Details of all applicable maintenance procedures, safety standards, equipment manual changes, etc., will be provided free of charge to the CCG on a routine basis.

Emergency engineering assistance and advice related specifically to Loran-C systems engineering may be required on occasion by the CCG from the USCG concerning electronic or electrical items of original USCG design. All such requests for special engineering assistance will be coordinated between USCG Headquarters and CCG Headquarters. Such requests for assistance will be provided by the USCG in accordance with a priority mutually agreed upon after considering the impact on the total Loran-C navigation system and similar such activities which may be currently under way. Emergency engineering assistance for Canadian owned equipment will be on a mutually agreed cost reimbursable basis.

The USCG will provide the CCG, at CCG expense, with the advisory and inspection services for the Cape Race antenna on a biennial basis, if requested by the CCG. This provision takes effect after Canada assumes funding responsibilities of the Cape Race station on April 1, 1983.

At some time in the future, Canada may wish to establish a depot repair facility in Canada for the repair of Loran-C components, modules or printed circuit boards from Loran-C equipments located at any Loran station in Canada. The USCG agrees in principle to provide, at reasonable cost, if requested, the necessary information such as details on test jigs, and special tools, test procedures, source lists, updated drawings and general and specialized test equipment requirements to enable a Canadian repair facility to be established.

11. Frequency Assignment and Technical Characteristics

Application for the assignment of a Loran-C operating frequency for the new Fox Harbour station will be the responsibility of the CCG. The technical characteristics are as follows:

(a) Assigned Frequency - 100kHz

(b) Transmitting Power - approximately .85 megawatt peak, transmitter duty cycle approximately .03.

(c) Emission 20K0000 PON (Basic Loran Transmission)
20K0000 Ml B (Two Pulse Communications)

(d) Power Spectrum - In accordance with Article 8, No. 451 and No. 453 of the ITU Radio Regulations (Geneva 1979), at least 99% of the emission bandwidth shall be confined within the band 90-110 kHz.

(e) Group Repetition Interval (GRI) - to be determined by USCG subject to the concurrence of CCG.

12. Time Schedule - Critical Dates

The Canadian East Coast Loran-C Chain consisting of transmitting stations at Caribou, Maine, Nantucket, Massachusetts, and Cape Race, Newfoundland, along with its associated monitoring and control stations, was declared operational for navigational use on April 30, 1980.

The Labrador Sea Loran-C Chain will be on-air continuously transmitting signals at full power and in stable synchronization by April 1, 1984, or as near thereafter as possible.

13. Charting and Emission Delay Setting

The United States Government will provide the Canadian Government, upon request, and free of charge with standard charting data which will permit the appropriate Canadian agency to prepare and publish navigation charts for areas covered by signals originating from the Loran-C chains providing coverage in Eastern Canadian and adjacent offshore waters; namely, the Great Lakes Chain, the Northeast U.S. Chain, the Canadian East Coast Chain, the proposed Labrador Sea Chain, and the proposed restructured North Atlantic Chain.

The USCG will provide the necessary emission delay setting facilities to permit the setting and accuracy check of the Loran-C emission delays for the Labrador Sea and Canadian East Coast Chains. The cost shall be shared equally by the USCG and the CCG and will be conducted jointly.

14. Termination

USCG-owned equipment located at Canadian Loran-C stations will be returned to the USCG at USCG expense, if so requested by the USCG, upon the termination of the Loran-C services. Removal or disposal of such USCG property shall not be delayed beyond a reasonable time after the date upon which the operation of the stations has been discontinued. The disposal of USCG excess property in Canada shall be carried out in accordance with the provisions of the Agreement between the United States and Canada concerning the disposal of excess property, effected by Exchange of Notes at Ottawa on August 28, and September 1, 1961.

If either agency wishes to continue operating the Loran-C chains on a sole venture following a decision by the other agency to cease funding Loran-C operations, the agency wishing to cease funding will favourably consider, where possible, operating the stations located in its country on a cost reimbursable basis, if so requested.

15. Taxes

Each Government shall, to the extent permitted by its Federal legislation, grant relief from all taxes or customs duties on materials and equipment used in the construction, maintenance or operation of the Loran-C transmitter, monitor and control stations. In particular, Canada shall grant remission of customs duties and excise taxes on goods imported specifically for the purpose of these facilities, and Federal sales and excise taxes on goods purchased in Canada specifically for the purpose of these facilities, which are or are to become property of the United States and are to be used in the construction, maintenance or operation of these facilities. Canada shall also grant refund by way of drawback of the customs duty paid on goods imported by Canadian manufacturers specifically for the purpose of these facilities and used in the manufacture or production of goods purchased by or on behalf of the USCG and to become the property of the USCG in connection with the construction, maintenance and operation of the facilities. An exemption certificate must be signed and accompany all such goods when used in this project.

Further to para. 10, Operation and Maintenance, printed circuit boards, modules, components, etc., repaired in the U.S. will be allowed duty and tax free re-­entry into Canada.

Items will be identified by part number only and not by serial number.

16. Electromagnetic Compatibility

Commissioning by the CCG of the Loran-C transmitting station of Fox Harbour will be subject to the determination of its electromagnetic compatibility with Canadian telecommunications services. The USCG will provide, on request any available technical data, specifications and operational details, of the Loran-C transmitter type, as are deemed necessary to carry out the analysis of its compatibil­ity, assuming the Fox Harbour transmitter is substantially identical to those solid state transmitters presently on USCG inventory. The USCG shall, on request and at a mutually agreed upon cost, assist the CCG in the investigation of, and development of planned solutions to, harmful interference to Canadian telecommunications services where such interference is caused by emission from the Fox Harbour Loran-C transmitting station. Should frequency changes to Canadian radio stations be required to mitigate incompatibilities verified by on-the-air testing of Loran-C transmitting stations, the USCG and the CCG will cooperate in determining alternative compatible assignments.

17. Safety Standards

Further to para. 10, Operation and Maintenance, the USCG will provide, on request and without charge, available technical data relating to safety standards for operation and maintenance of Loran-C transmitting stations.

18. Future Loran-C Stations or Chain Reconfigurations

In the implementation of future Loran-C sites in the North American chains or of chain reconfigurations, the USCG will inform the CCG of proposed stations or changes as early as possible in the planning stage. Subsequent to receipt of this information, the CCG and the USCG will cooperate in the technical analysis necessary to ensure the compatibility of these stations or changes with the Canadian telecommunications environment.

In addition, in the event that Canada wishes to expand the number of stations in the Labrador Sea Chain to extend coverage northward or to build additional chains in northern Canada, the USCG will cooperate in the technical analysis necessary to arrive at optimum chain configurations, as well as compatibility with the existing North American and North Atlantic Loran-C rate structure.

19. Future Equipment and/or Procedures Changes

As old equipments or components become obsolete and replacements are developed and/or as new equipments are developed to improve the effectiveness or efficiency of chain or station operation, maintenance or control, the USCG will keep the CCG informed of such developments. When such developments become accepted into general Loran-C service, they will also be made available to the CCG, at cost, if requested.

No fundamental changes to stations or chain operation, maintenance or control will be initiated for the Labrador Sea Chain or the Canadian East Coast Chain without the mutual concurrence of both Cooperating Agencies.

II

The Chargé d’Affaires ad interim of the United States of America to the Secretary of State for External Affairs of Canada

OTTAWA, May 3, 1984

No. 146

The Honourable Allan J. MacEachen,
Secretary of State for External Affairs,
Ottawa

Sir:

I have the honor to refer to your Note No. ETT-0587, dated March 30, 1984, regarding arrangements for improvements to navigation systems on the Atlantic Coast off Eastern Canada and the Northeastern United States of America, and the construction, operation and maintenance of certain Loran-C facilities.

The terms of the arrangements are acceptable to my Government and it is agreed that your Note, together with its Annex, and this reply shall constitute an agreement between our two Governments on this matter. Furthermore, it is understood that the present agreement shall terminate and replace the agreement constituted by the Exchange of Notes of September 16, 1964 on this subject.

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

John H. Rouse

Chargé d’Affaires ad interim