Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 19.00 - Oil Spill Prevention And Response
Section 19.06 - State-provided Tugboat Escort Requirements

Universal Citation: 314 MA Code of Regs 314.19

Current through Register 1531, September 27, 2024

(1) Effective upon the date set by contract by the Department with a company to provide State-provided Tugboat Escorts, the Department will dispatch a State-provided Tugboat Escort in Buzzards Bay to every Target Vessel upon entering and while operating in Buzzards Bay.

(2) The Commissioner will contract with a company to provide State-provided Tugboat Escort services. Unless the Commissioner determines that exigent circumstances exist at a particular time, the Contractor shall, at a minimum:

(a) Dispatch a State-provided Tugboat Escort to every Target Vessel;

(b) Position each State-provided Tugboat Escort to maintain a maximum distance of 1/4 (one fourth) of a nautical mile from the assigned Target Vessel;

(c) Direct the State-provided Tugboat Escort to monitor the assigned Target Vessel and to warn of actual or potential navigational threats; and

(d) Direct the State-provided Tugboat Escort to render Vessel Assistance to the assigned Target Vessel if and when such assistance is requested or otherwise determined to be necessary.

(3) Minimum Standards for Equipment on State-provided Tugboat Escorts. At a minimum, State-provided Tugboat Escorts shall comply with the following:

(a) Be a U.S. flagged vessel with a current load line certificate issued by a member of the International Association of Classification Societies (IACS);

(b) Be either:
1. a tug with twin screws and a separate system for power to each screw, with an aggregate shaft horsepower equivalent to 4,000 horsepower or greater and a minimum bollard pull of 50 tons; or

2. a tractor tug, having an aggregate horsepower equivalent to 4,000 horsepower or greater and a minimum bollard pull of 50 tons, which is propelled by blades or screws which may be manipulated or rotated to provide propulsive thrust to any part of a 360° arc relative to the keel or longitudinal axis of the tug.

(c) Meet or exceed NFPA 1925: Standard on Marine Fire-Fighting Vessels, 2008 Edition standards for Type V Marine fire-fighting vessels and special purpose fire-fighting vessels;

(d) Be able to maintain a steady minimum speed of ten knots in a Beaufort sea state six (22-27 knots winds, seas up to 91/2 feet) and have fuel capacity to allow for a minimum of 72 hours of continuous at sea operations;

(e) Meet the stability criteria established by the U.S. Coast Guard in 46 CFR 173.095 and 174.145;

(f) Carry at a minimum the following navigational, towing and rescue equipment:
1. Complete and current navigation and communication technology, including gyro and magnetic compasses Global Positioning System (GPS), radio and telephone communications and twin radar displays equipped with ECDIS or ARPA integrated with an AIS capable of monitoring vessel movement in Buzzards Bay and its adjacent waterbodies;

2. AIS transponder;

3. A towing winch and associated wire and gear capable of towing at minimum, a 470 foot fully loaded Tank Vessel;

4. An Orville Hook device for recovery of towing bridles attached to drifting tank barges;

5. A line-throwing gun capable of passing a suitable messenger line to a disabled vessel from a distance of at least 100 feet in 40-knot winds.

The Department may at any time require submittal of documentation from the Contractor verifying specifications for each State-provided Tugboat Escort used to provide services under the contract. The Contractor of a State-provided Tugboat Escort shall allow the Department or its authorized representative to board each such vessel at any time for the purpose of verifying vessel specifications.

(4) State-provided Tugboat Escort Manning Requirements. The crew of a State-provided Tugboat Escort shall include, at a minimum:

(a) A master holding the appropriate U.S. Coast Guard license or documentation sufficient for the tonnage and service in Buzzards Bay required by 314 CMR 19.00, and a valid endorsement as radar observer (unlimited), valid on all waters;

(b) A mate holding the appropriate U.S. Coast Guard license or documentation sufficient for the tonnage and service in Buzzards Bay required by 314 CMR 19.00, and a valid endorsement as radar observer (unlimited), valid on all waters;

(c) An able seaman holding the appropriate U.S. Coast Guard documentation sufficient for the tonnage and service in Buzzards Bay required by 314 CMR 19.00; and

(d) An engineer holding the appropriate U.S. Coast Guard license for the type of propulsion and horsepower of the State-provided Tugboat Escort required by 314 CMR 19.00.

(5) The State-provided Tugboat Escort shall, while operating in Buzzards Bay, follow all guidelines in the Buzzards Bay VMRS Users Manual, as may be amended from time to time, and comply with all applicable requirements as defined by 33 CFR 165.100 and 33 CFR 207.20(a).

(6) Pre-escort Conference. Prior to commencing an escorted transit, the State-provided Tugboat Escort shall, if possible, contact the Target Vessel master to confirm the position of the Target Vessel, establish the radio frequency to be used and the anticipated direction of movement and destination of the Target Vessel, and exchange other pertinent information that the State-provided Tugboat Escort captain and the Target Vessel master deem necessary to facilitate operations in the case of an unplanned event.

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