Current through Register 1531, September 27, 2024
(1)
Tugboat Escort Requirement.
(a) Effective January 1, 2005, no Tank Vessel
carrying 6,000 or more barrels of oil shall enter or transit any Area of
Special Interest within waters of the Commonwealth unless such Tank Vessel is
accompanied by a Tugboat Escort. This Tugboat Escort requirement does not apply
to a self-propelled Tank Vessel. A Tugboat Escort shall meet the definition of
that term in
314 CMR
19.02.
(b) The Department may authorize a Tank
Vessel carrying 6,000 or more barrels of oil to enter or transit an Area of
Special Interest without a Tugboat Escort, or, accompanied by a tugboat that
does not meet the definition of a Tugboat Escort in
314 CMR 19.02
whenever the Department determines that:
(i)
there are no Tugboat Escorts reasonably available to accompany the Tank Vessel
in the relevant Area of Special Interest; or
(ii) the delay in waiting for an available
Tugboat Escort has or may reasonably result in a significant disruption of
energy services to the public; or
(iii) the existence or threat of a public
health, safety or environmental emergency or other unique circumstances warrant
the Department's exercise of its enforcement discretion.
The Department may establish policies, procedures, and
case-specific conditions to implement its authority under 314 CMR 19.03(1)(b).
Any Department authorization for a Tank Vessel to enter or transit an Area of
Special Interest without a Tugboat Escort, or, accompanied by a tugboat that
does not meet the definition of a Tugboat Escort will relieve the owner or
operator of such Tank Vessel from its obligation under 314 CMR 19.03(1)(a), to
the extent specified in the Department's authorization. Nothing in 314 CMR
19.03(1)(b) or in a case-specific Department authorization shall be construed
to relieve or otherwise limit the liability of the owner or operator of a Tank
Vessel for any release of oil, hazardous material, or hazardous waste that
occurs while the Tank Vessel enters or transits an Area of Special Interest
pursuant to a Department authorization under 314 CMR
19.03(1)(b).
(c)
The owner or operator of any tug that is serving as a Tugboat Escort shall
certify to the Department, on a form established by the Department for such
purposes, that the tug meets the design specifications and equipment
requirements in the definition of a Tugboat Escort in
314 CMR 19.02. The
Department reserves the right to require the owner or operator of any tug that
is serving as a Tugboat Escort to further demonstrate to the Department's
satisfaction that the tug meets the design specifications in the definition of
a Tugboat Escort in
314 CMR 19.02,
including the required minimum bollard pull, and is equipped with fire fighting
equipment and meets the required ABS classifications, effective January 1,
2006.
(2)
Minimum Standards for Equipment on Tugboat Escorts.
The following minimum standards for equipment apply to Tugboat Escorts:
(a) As of January 1, 2006, a Tugboat Escort
shall be equipped with fire fighting equipment and, at a minimum, shall meet
the requirements of the following ABS classifications: Fire Fighting Vessel
Class 1 and Maltese Cross A1 (Towing Vessel).
(b) All Tugboat Escorts shall be equipped
with and maintain in good working order:
(i)
primary and secondary VHF radios;
(ii) fendering appropriate to absorb the
impact inherent in hull-to-hull operations;
(iii) power line handling equipment fore and
aft to mechanically assist in the deployment and/or retrieval of tow
lines;
(iv) tow lines, whether
provided by the Tank Vessel and/or the Tugboat Escort, shall be maintained in
sufficient number, length, condition and strength to assure effective control
of the intended vessel maneuver, based on weather conditions, the Tank Vessel
size, and the Tugboat Escort's bollard pull, and have a strength of at least
1.5 times the Tugboat Escort's bollard pull; and
(v) sufficient braking force to stop a Tank
Vessel that is not self-propelled.
(3)
Minimum Standards for
Personnel on Tugboat Escorts. The following minimum standards for
personnel apply to Tugboat Escorts:
(a)
Tugboat Escort crew members shall be certified pursuant to applicable federal
laws.
(b) All Tugboat Escorts shall
have sufficient and qualified line-handling capable crew members standing by
and available to immediately receive lines from the Tank Vessel. The crew shall
not be assigned duties that would interfere with their ability to immediately
respond to an emergency situation.
(4)
Pre-escort
Conference. Prior to commencing an escorted transit, the tugboat
captain shall contact the Tank Vessel master to confirm the position of the
Tank Vessel, establish the radio frequency to be used and the anticipated
direction of movement and destination of the Tank Vessel, and exchange other
pertinent information that the tugboat captain and the Tank Vessel master deem
necessary to facilitate operations in the case of an unplanned event.
(5)
Reporting. The
owner or operator of a tugboat shall submit to the Department a report on its
Tugboat Escort activities on a form established by the Department for such
purposes. Reporting shall occur on a quarterly basis or on another frequency
specified by the Department. The owner or operator of the tugboat shall provide
a copy of such report to the relevant Massachusetts pilot commissioner at the
same time. At a minimum, the report shall include the following information:
(a) the identity of all Tank Vessels escorted
by the tugboat and a description of the type and the number of barrels of oil
carried by the Tank Vessel as cargo;
(b) the date and the transit route of all
Tank Vessels escorted by the tugboat; and
(c) a description of any problems encountered
during the escorted transit and the response of the tugboat captain and/or the
Tank Vessel master to such problems.
