Document Citation: 14 CCR 851.8

Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 14. NATURAL RESOURCES
DIVISION 1. FISH AND GAME COMMISSION--DEPARTMENT OF FISH AND GAME
SUBDIVISION 4. OFFICE OF SPILL PREVENTION AND RESPONSE
CHAPTER 4. VESSEL REQUIREMENTS
SUBCHAPTER 1. TANK VESSEL

Date:
08/31/2009

Document:
ยง 851.8. Requirements for Escort Tugs; Braking Force Measurement, Crew and Training Standards, Equipment and Stationing Criteria

(a) Braking force measurement:

(1) any escort tug used to comply with the requirements of this subchapter must have its braking force verified and registered with the Clearing House, as follows:

(A) for tractor tugs escorting in an ahead position the braking force is measured as the ahead bollard pull;

(B) for tractor tugs escorting in an astern position the braking force is measured as the astern bollard pull;

(C) for conventional tugs the braking force is measured as the astern bollard pull.

(2) The braking force shall be re-measured after any modifications and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. The new measurements must be verified and registered with the Clearing House.

(3) The Clearing House shall publish procedures and standards to be followed when conducting braking force measurement. These procedures, entitled "San Francisco Bay Region Clearing House, Rules for Bollard Pull Tests", dated May 19, 2000, are incorporated by reference. These procedures and standards shall be made available upon request to the Clearing House.

(4) Any escort tug used to comply with the requirements of this subchapter shall also meet one of the following:

(A) the escort tug shall have its braking force re-measured within 3 years of its last bollard pull test, or;

(B) the escort tug shall submit to an Escort Tug Inspection Program, as follows:

1. Escort tugs 150 gross tons or greater, and classed escort tugs shall be made available for inspection by the Administrator twice in five years during their dry dock examination. The period between inspections shall not exceed three years.

2. Escort tug maintenance records shall be made available for inspection by the Administrator.

3. If dry dock examination extensions are necessary, escort tugs shall comply with the direction of the cognizant Officer in Charge, Marine Inspection, or American Bureau of Shipping principal surveyors' direction.

4. For classed escort tugs, a copy of the Class Surveyor's report confirming that the condition of the drive train (shafts, propellers, nozzles or other type drive) and main engines are in the same state as when the builder's or last bollard pull certificate was issued, shall be forwarded to the Administrator.

5. Escort tug companies shall participate and have a certificate of compliance from one of the following Management Systems:

i. American Waterways Operators Responsible Carrier Program;

ii. International Safety Management;

iii. ISO 9000 (quality management).

6. Escort tugs of less than 150 gross tons shall be made available for inspection by the Administrator once in five years during their dry dock examination. These escort tugs shall use a certified Marine Surveyor and shall comply with subsections 2, 3, and 4, above.

(C) Escort tugs that submit to the Escort Tug Inspection Program, as described above, can perform escort duties in any port in the state, if the tugs meet the requirements of the appropriate subchapter (i.e., Subchapter 1, San Francisco Bay Region; Subchapter 2, Los Angeles/Long Beach Harbor; Subchapter 3, Port Hueneme Harbor; Subchapter 4, Humboldt Bay; Subchapter 5, San Diego Harbor), of this Chapter 4 of the California Code of Regulations.

(b) Any escort tug used to comply with the requirements of this subchapter, must meet crew standards as follows:

(1) An escort tug shall have a minimum of four persons on board including one certified tug master and two certified deck hands. The fourth person shall be a crew member capable of resolving mechanical difficulties aboard an escort tug in the event of an emergency;

(2) The requirement for four crew members does not preclude additional deck hands who are gaining experience for certification;

(3) The certified deck hands required under this subsection shall at all times be awake, alert and ready to respond during an escorted transit. The fourth person must be immediately available to respond to any mechanical difficulties aboard the escort tug. Immediate response may be assured by an alarm or other signaling device to wake or alert the fourth person to the emergency.

(A) The Administrator may review the equipment and crew on an escort tug to assure compliance with this provision. The Administrator may require that the fourth person be awake and alert and ready to respond if the tug operator does not provide adequate mechanism to assure that the fourth person is immediately available to respond to a mechanical difficulty.

(4) Working hours for escort crew members shall be limited to 15 hours in any 24-hour period, not to exceed 36 hours during any 72-hour period except in an emergency or a drill. Working hours shall include any administrative duties associated with the tug whether performed on board the tug or on shore.

(c) Training requirements for the crew of any escort tug used to comply with the requirements of this subchapter are as follows:

(1) to qualify for certification as the master or deck hand on an escort tug, an applicant must do all of the following:

(A) possess a current and valid U.S. Coast Guard Merchant Mariner's Document;

(B) show proof of at least 960 hours on duty of prior service aboard a tug, at least 240 hours of which must have been in the San Francisco Bay region;

(C) successfully complete an approved education program which covers the following topics:

1. basic tugboat seamanship;

2. line handling skills;

3. communication systems;

4. emergency response to the loss of steering or propulsion on an escorted tank vessel and on the escort tug itself.

(2) in addition to the requirements of subsection 851.8(c)(1), certification as the master of an escort tug requires that the applicant also do the following:

(A) possess a U.S. Coast Guard license appropriate to the escort tug in service; and

(B) show proof of an additional 240 hours on duty of service aboard a tug in the San Francisco Bay region (for a total of 480 of the requisite 960 hours of service); and

(C) successfully complete an approved education program which covers knowledge of local waters, basic seamanship, and the use of the escort tug in reducing the risk of an escorted vessel's grounding or collision.

(3) individuals may be considered to have satisfied certain educational requirements without attending an education program, if they meet the following criteria:

(A) an individual with a U.S. Coast Guard rating of Able Seaman Special (OSV) is considered to have met the educational requirements in subsection 851.8(c)(1)(C) 1 and 2;

(B) an individual with any Coast Guard license appropriate for the escort tug in service is considered to have met the educational requirements in subsections 851.8(c)(1)(C).

(4) the Administrator shall review and approve the educational programs for masters and deck hands of escort tugs, and shall establish and maintain a list of all such approved programs:

(A) an educational program shall be approved if it provides the coursework required by this section, and can adequately train students in the requisite skills;

(B) a request for approval of a program shall be submitted to the Administrator in writing and shall include the following:

1. a description of the course content and materials;

2. the qualifications of the instructors;

3. the estimated cost of the program to the students;

4. a description of the site(s) where the course will be held, both classroom and field locations.

(C) the Administrator shall notify the applicant of approval or denial within 30 days of the submittal of the application:

1. if the educational program is denied, the applicant will be notified of the reasons for denial and may resubmit the program for review after the deficiencies have been remedied;

2. once approved, the educational program must be submitted for re-evaluation at least once every 5 years or when a significant change occurs in the course content or materials. The 5-year re-submittal shall include an updated description of course content, materials, cost, and instructor qualifications, as well as copies of student evaluations from classes conducted during the previous year;

3. the Administrator may audit the course at any time to assure compliance with the requirements of this section.

(5) The Administrator shall assure compliance with tug crew training and qualification requirements. Compliance with crew training and qualification requirements shall be verified as follows:

(A) tug owner/operators shall establish and maintain adequate documentation to verify the training and qualifications of individual crew members, and shall make this information available to the Administrator upon request;

(B) the Administrator may review the owner/operator's documentation annually to assure compliance with this section;

(C) the Administrator may request this documentation at any time.

(d) The following equipment must be onboard an escort tug and in operable condition during all escorted transits:

(1) a line-throwing gun for use in Zone 1, with 300 feet of tag line. The tag line shall be of suitable strength and size for deploying the tow line;

(2) power line-handling equipment fore or aft for rapid, mechanically assisted deployment of lines. The primary line-handling equipment shall be in the position (fore or aft) best suited for the design of the particular tug in escort service;

(3) tow line with a breaking strength that is 2.5 times the certified braking force of the escort tug;

(4) a quick release device to be used when an escort tug is in a tethered mode;

(5) one working radar;

(6) fendering appropriate to absorb impact in skin-to-skin operations, and located at both the bow and stern to act as pivot points when pulling away from the tank vessel. In addition, the fencing must be sufficient to assure that there are no exposed corners, large holes or metal parts which could inflict damage on the escorted vessel, and must cover sufficient surface area to minimize sliding when working at an angle to the tank vessel.

(e) Annual inspection of the escort tug's equipment:

(1) the owner/operator shall assure that the required equipment is on board and operable during all escorted transits;

(2) the Administrator shall verify that the required equipment is on board each escort tug, and in operable condition. This verification may be obtained by an annual inspection which may be announced or unannounced. In conducting such inspections, the Administrator shall be guided by the standards established by the American Waterways Operators (AWO) in their Responsible Carrier Program, Sections III and IV, dated 2/21/95.

(f) Stability requirements for all escort tugs that operate westward of the Golden Gate Bridge are as follows:

(1) an escort tug shall have a load-line certificate; or

(2) an escort tug shall have a letter verifying stability issued by the American Bureau of Shipping or any member in the International Association of Classification Societies. The letter shall establish that the escort tug complies with the stability requirements outlined in federal Load Line Regulations at 46 CFR, Sections 42.09-10(a), 42.09-15(a), (b), and (c) except subparagraphs (1) and (2), and 42.09-25(a) and (b) except for the portion of the last line of (b) that reads "... and meeting applicable requirements in this subchapter"; and 46 CFR Sections 173.090, 173.095 and 174.145. A copy of this letter shall be kept on file with the Clearing House.

(g) Stationing requirements for escort tugs:

(1) an escort tug shall not simultaneously engage in the escort of more than one tank vessel;

(2) escort tugs shall maintain a station-keeping distance of no more than 1000 feet ahead or aside, or 500 feet astern of the tank vessel while engaged in escort activity;

(3) escort tugs shall standby as the tank vessel transits Zones 3 and/or 5, as follows:

(A) the escort tug(s) shall standby in Zone 2 or 6 as the tank vessel transits Zone 5; and

(B) the escort tug(s) shall standby in Zone 2 or 4 as the tank vessel transits Zone 3; or

(C) the escort tug(s) may accompany the escorted tank vessel through Zone 3 and/or 5 in lieu of standing by.

(4) in Zone 1, the escort tug(s) shall be stationed as follows:

(A) on an inbound transit, the escort tug shall be in Zone 1 prior to the tank vessel's arrival to the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light; and

(B) on an outbound transit, the escort tug shall remain in Zone 1 until the tank vessel leaves the area bounded by an arc eight nautical miles seaward of and centered on Mile Rocks Light.

(h) Escort transit log:

(1) escort tug masters shall keep a record in the ship's log of every escorted transit;

(2) the record of the escorted transit in the ship's log shall include information regarding the sequence of events during the transit, the crew assignments, any casualties that may occur, and any drills conducted.