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(continued)
(2) that the vessel, under normal, not exigent circumstances, is to be detained until the requirements of this subchapter have been fully met.
(A) The program and/or process shall be submitted to the Administrator for his/her review and approval no later than 120 days from the effective date of this regulation.
(B) The Administrator shall have 60 days within which to review and either approve, conditionally approve or disapprove the Ports' submittal. Upon termination of this time line the Administrator shall:
1. Fully approve the proposed program and/or process provided by the Ports and provide written confirmation of this approval.
2. Conditionally approve the proposal(s). The Administrator shall provide a written explanation for the conditional approval and state the objectional items contained in the proposal. The Ports shall be given 30 days from the date of their receipt of the Administrator's explanation, to resubmit a proposal which will either excise or mitigate, with an explanation, the Administrator's objections. The Administrator shall have 30 days from the date of receipt of the Ports' amended proposal, and shall either fully approve or fully disapprove this document.
3. Disapprove the Ports' proposals.
(b) If either of the Ports' program(s) and/or process(es) is/are disapproved, or if either of the ports fail to submit a program, the Administrator shall implement the compliance monitoring provisions of this subchapter by the adoption of further regulations. These regulations may include the establishment of a Clearing House function within the Marine Exchange or through any other legal means deemed appropriate by the Administrator.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67(b), Government Code.

s 851.32. Remedies.
(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or an administrative civil penalty as prescribed in Article 9 of the Government Code beginning with Section 8670.57.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67(b), Government Code.

s 851.50. Purpose and Scope.
The regulations in this subchapter set forth tank vessel escort requirements for Port Hueneme. These requirements specify the number of tugs required for escort service. The escort tugs will be available to influence the speed and direction of travel of a tank vessel in the event of a steering or propulsion failure, thereby reducing the possibility of a grounding or collision and the risk of an oil spill from these tank vessels.
The Administrator shall periodically review the elements of the tank vessel escort program. The program review will include a survey of the tanker-related incidents in U.S. waters to determine the types of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the related tug-escort rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify any provision of the program requirements.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.

s 851.51. Definitions.
In addition to the definitions found in Government Code Section 8670.3 and Chapter 1, Section 790 of this Subdivision, the following definitions shall apply to this subchapter. Where similar terms are defined, the following will supersede the definition in Government Code Section 8670.3 and Chapter 1:
(a) "Escort" means maintaining a position in the vicinity of the tank vessel, based on existing conditions, which will enable a tug to provide timely and effective response to prevent a vessel casualty.
(b) "Master" means the licensed master of the tanker.
(c) "Operator" means the operator of an uninspected towing vessel licensed under federal statutes and/or regulations to engage in the towing of a barge.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.3 and 8670.17.2, Government Code.

s 851.51.1. Requirements for Escort Tugs.
(a) A tug may be used for escort services if authorized by the Oxnard Harbor District and/or the U.S. Navy for use in Port Hueneme.
(b) Tugs used for escort services must be equipped with at least 500 horsepower.
(c) 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 registered with the Oxnard Harbor District.
(d) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), 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.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.

s 851.52. Tug Escort for Tankers.
(a) All tankers operating in Port Hueneme, whether entering, departing, shifting or berthing, shall use two escort tugs between the Pilot Boarding Area and the designated berth. For purposes of this Article, oil spill response vessels and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.

s 851.53. Tug Escort for Barges.
(a) All tank barges operating in Port Hueneme, whether entering, departing, or shifting, except as specified in subparagraph (a)(4), shall use a tug or tugs for escort, in addition to the towing vessel, based on the following criteria:
(1) Tank barges of 150 feet or less: No escort tug is required unless deemed necessary by the Master or Operator as appropriate for that size vessel.
(2) Tank barges greater than 150 feet, but less than or equal to 250 feet: One escort tug is required; the horsepower of the tug shall be appropriate for that size vessel as deemed necessary by the Master or Operator as appropriate for that size vessel.
(3) Tank barges greater than 250 feet: At least one escort tug is required; the horsepower of the tug shall be 1500 horsepower or greater. Additional tugs shall be used as deemed necessary by the Master or Operator as appropriate for that size vessel.
(4) Empty tank barges operating in Port Hueneme shall have a tug escort on a case-by-case basis as deemed necessary by the Master or Operator as appropriate for that size vessel.
(b) In accordance with Section 851.53(a), tank barges entering or departing Port Hueneme shall be escorted by a tug or tugs between the Pilot Boarding Area and the designated berth. For purposes of this Article, oil spill response vessels and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Section 8670.17.2, Government Code.

s 851.54. Remedies.
(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this Subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, beginning with Government Code Section 8670.57.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.57, Government Code.

s 851.80. Purpose and Scope.
The regulations in this subchapter set forth tank vessel escortrequirements for tank vessels entering, shifting within, or leaving Humboldt Bay.
"Humboldt Bay" encompasses those harbor boundaries which include all submerged lands of Humboldt Bay (Inner Harbor); and the open water boundary defined as the area centered on the Humboldt Bay Sea Buoy and extending radially outward for a distance of one mile then landward to the perpendicular intersection with the north and south spits.
The escort tug requirements specify that tank vessels carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall be escorted by a suitable escort tug(s).
The escort tug(s) shall be used to influence the speed and direction of travel of a tank vessel in the event of a steering or propulsion failure, thereby reducing the possibility of groundings or collisions and the risk of an oil spill from these tank vessels.
The Administrator shall review the tug/tank vessel matching criteria and other requirements of this subchapter within two years of the effective date of this subchapter. The review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the escort tug-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel match criteria or any other requirements of this subchapter.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 851.81. Definitions.
In addition to the definitions found in Government Code Section 8670.3 and Chapter 1, Section 790 of this subdivision, the following definition shall apply to this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) "Bona fide sister tug" means a tug which has not had its bollard pull capabilities verified by a member of the International Association of Classification Societies, but is constructed and maintained with the same hull form, engines, type of propulsion, stability, maneuverability, speed, power, and endurance of a tested and certified escort tug.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 851.82. Escort Tug Requirements for Tank Vessels.
(a) Escort tugs, alone or in combination, must have total ahead bollard pull in pounds greater than or equal to the tank vessel's deadweight tonnage. When required under this subsection and subsection 851.85(j)(2), additional escort tugs shall stand by during transit and be prepared to render assistance.
(b) All tankers transiting the waters of Humboldt Bay, carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall use a minimum of one escort tug. For purposes of this subchapter, oil spill response vessels, and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.
(c) All tank barges transiting the waters of Humboldt Bay, carrying as cargo a total volume of oil greater than or equal to 5,000 long tons or 5% of the vessel's deadweight tonnage, whichever is less, shall use at least one escort tug, in addition to the barge's line-haul tug. For purposes of this subchapter, oil spill response vessels, and offshore supply vessels as defined in 46 USC 2101, are not required to engage escort tugs in accordance with this subchapter.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 851.83. Requirements for Escort Tug Crew Members.
Any escort tug used to comply with the requirements of this subchapter, must meet crew standards as follows:
(a) Escort tug operators shall, at a minimum, be duly licensed Operators of Uninspected Towing Vessels as set forth in Title 46, Code of Federal Regulations (CFR), Section 10.464.
(b) Escort tug crews shall have a minimum of two certified deck hands. An engineer, if employed, may not be included as a deck hand. This requirement does not preclude additional deck hands who are gaining experience for certification, but such deck hands cannot be used to meet the manning requirements of this section.
(c) Escort tug crews shall possess Coast Guard license(s)/document(s) appropriate for the escort tug and service.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 851.84. Requirements for Escort Tugs.
All escort tugs approved for use under this subchapter shall be equipped with and shall maintain in good working order:
(a) Primary and secondary VHF radios;
(b) 300 feet of tag line;
(c) Power line-handling equipment fore and aft for rapid, mechanically assisted deployment of lines. The primary winch shall be in the position best suited for the design of the particular vessel in escort service;
(d) Tow line with a "safe working load" that is 2.5 times the certified bollard pull rating of the escort tug;
(e) One working radar;
(f) Fendering as follows:
(1) appropriate to absorb the impact inherent in hull-to-hull operations;
(2) located at both the bow and stern to act as pivot points when pulling away from the tank vessel;
(3) sufficient to assure that there are no exposed corners, large holes or metal parts which could inflict damage on the escorted vessel; and
(4) sufficient surface area to minimize sliding when working at an angle.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 851.85. Requirements During Tank Vessel Escorts.
(a) Escort tugs shall maintain a station-keeping distance from the tank vessel being escorted of no further than 1,000 feet ahead or aside, or 500 feet astern of the tank vessel while engaged in the escort activity.
(b) An escort tug shall not simultaneously engage in the escort of more than one tank vessel.
(c) The speed or speeds selected for the transit must permit stationing the escort tug to allow the escort tug to effectively influence the tank vessel's movement in the event of a casualty.
(d) A tanker shall have sufficient and qualified line-handling-capable crew members standing by and available to immediately receive lines from each escort tug. In addition, the tanker shall comply with all applicable federal regulations relating to anchor readiness.
(e) The line-haul tug for a tank barge shall have sufficient and qualified line-handling-capable deck hands standing by available to receive lines from each escort tug. When the tank barge is fitted with an emergency tow wire or comparable, adequate mechanical device, or the escort tug is made fast to the tank barge, crew transfers shall not be required.
(f) Tank vessels shall have sufficient and qualified direct supervision of line-handling-crew operations. Supervisors shall have direct radio communication capability with the bridge of the tank vessel or vessel towing a barge.
(g) The master of any tank vessel shall maintain, at all times for which escort tug services are required, direct two way radio communications on VHF-FM with the master of the escort tug on a channel agreed to by both the master of the tank vessel and the master of the escort tug providing escort services.
(h) Notwithstanding any other provision of this subchapter, all escort tugs in Humboldt Bay which meet the requirements of this subchapter for the escort of tank vessels shall have their bollard pull (ahead and astern) measured, except as provided in (i) below.
(1) Bollard pull measurements shall be verified by a member of the International Association of Classification Societies.
(2) Bollard pull measurements verified by a member of the International Association of Classification Societies in other ports of the State shall meet the requirements of this section, provided that evidence of the results of these measurements are on file with the Humboldt Bay Harbor District.
(3) Escort tug companies shall provide the Humboldt Bay Harbor District with the results of the bollard pull measurements verified pursuant to the provisions of this subchapter.
(4) Escort tugs whose bollard pull has not been measured and verified or are not within the scope of the definition of "bona fide sister tug", shall not be used for the escort of tank vessels in Humboldt Bay.
(i) An escort tug determined by the master/pilot to be a "bona fide sister tug" may be used with the same (ahead and astern) bollard pull as the certified sister tug.
(j) The braking force shall be re-measured after any modification and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. The new measurements must be registered with the Humboldt Bay Harbor District.
(k) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), 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.
(l) Notwithstanding any other provision of this subchapter:
(1) The tank vessel master remains responsible for the safe navigation and maneuvering of the tank vessel in all circumstances. The requirements outlined in this subchapter are in addition to, and not a limitation of, any other responsibilities created by custom, law, or regulation.
(2) Where an emergency exists, the tank vessel master may adjust the minimum escort tug requirements contained in this subchapter. For purposes of this subchapter, an emergency is defined as any of, but is not limited to, the following:
(A) imminent and immediate danger to the tank vessel, its cargo or its crew;
(B) imminent and immediate danger to a marine terminal, service or escort tug;
(C) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
(D) any emergency declared by the United States Coast Guard Captain of the Port which would necessitate a modification to the provisions set forth in this subchapter.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 851.86. Remedies.
(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9, Government Code, beginning with Section 8670.57.


Note: Authority cited: Sections 8670.17.2(d) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2, 8670.23.1 and 8670.57, Government Code.

s 852. Purpose and Scope.
The regulations in this subchapter set forth tank vessel escort requirements for the San Diego Harbor. Escort tugs shall be available to influence the speed and direction of travel of a tank vessel in the event of a casualty, or a steering or propulsion failure, thereby reducing the possibility of a grounding or collision and the risk of an oil spill.
The Administrator shall periodically review the tug/tank vessel matching criteria and other requirements of this subchapter. The review will include a survey of the tank vessel-related incidents in U.S. waters to determine the type of failures that have occurred, an assessment of tug technology and any advances made in design and power, and the escort tug-related rules and policies that are implemented by other coastal states and maritime organizations. At the conclusion of the review, the Administrator will determine whether it is necessary to modify the tug/tank vessel match criteria or any other requirements of this subchapter.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 852.1. Definitions.
Definitions governing the construction of this subchapter can be found in Government Code Section 8670.3, and in Chapter 1, Section 790 of this Subdivision.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.3, 8670.17.2 and 8670.23.1, Government Code.

s 852.2. Minimum Requirements for Escort Tugs.
(a) Only tugs meeting the requirements set forth in this subchapter shall be allowed to provide escort services.
(b) The owner/operator of any tug offering escort services to tank vessels shall submit the tug to bollard pull testing before providing escort services. See Section 852.3 of this subchapter for testing requirements.
(c) A tug must demonstrate a minimum ahead bollard pull of 10 tons to qualify for escort service.
(d) In order to escort tankers over 20,000 deadweight tons, a tug must demonstrate a minimum ahead bollard pull of 18 tons.
(e) The tug(s) assigned to a tank vessel shall be capable of providing a combined total ahead bollard pull of no less than 2 pounds of thrust per deadweight ton of assigned tank vessel.
(f) An escort tug's primary assist lines must have a specified breaking strength not less than 1.5 times the tug's maximum bollard pull.
(g) For any transit between Ballast Point and sea that requires an escort tug(s), a tank vessel shall have at least one escort tug which is adequately equipped to perform in open ocean conditions.
(h) Escort tugs must have the capability to communicate with the tank vessel by primary and secondary VHF-FM radios.
(i) Escort tugs shall be fendered as appropriate to absorb the impact of normal skin-to-skin operations, protecting both the tank vessel and the escort tug from metal to metal contact. To the extent possible, the fendering shall have a surface which minimizes sliding when the escort tug is working at an angle to the tank vessel.
(j) Any tugs working beyond the Line of Demarcation must have crews that are certified in accordance with the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers 95 (STCW)


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 852.3. Testing Requirements for Escort Tugs.
(a) All testing shall be conducted under the supervision of the American Bureau of Shipping (ABS) standards and practices, or other classification society recognized by the International Association of Classification Societies (IACS) at the expense of each owner/operator. Alternatively, a building certificate of bollard pull for the class will be accepted.
(b) A copy of the test certificate and tug specifications are to be provided by the tug owner/operator, in writing, to the United States Coast Guard Captain of the Port and the San Diego Harbor Safety Committee before providing escort services.
(1) Tug specifications shall include, but are not limited to, the following:
(A) tug name;
(B) tug owner/operator;
(C) tug length;
(D) for tractor tugs, bollard pull ahead;
(E) for conventional tugs, bollard pull ahead and astern;
(F) type and configuration of the propulsion system;
(G) type and configuration of the steering system;
(H) type and configuration of ocean towing equipment.
(c) The braking force shall be re-measured after any modification and/or repairs to the main engines, hull, shaft-drive line, or steering, that could affect the bollard pull. A copy of the bollard pull test certificate and tug specifications are to be provided by the tug owner/operator, in writing, to the United States Coast Guard Captain of the Port and the San Diego Harbor Safety Committee before providing escort services.
(d) Escort tugs that submit to the Escort Tug Inspection Program, as described in Sections 851.8(a)(4)(B) and 851.23(a)(7)(B), 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.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 852.4. Minimum Escort Tug Requirements for Tankers.
Only those tankers designed or modified to carry 5,000 long tons or more of oil or petroleum products as cargo are required to engage escort tugs in accordance with this subchapter except as provided in (i) below.
(a) Each tanker shall engage escort services as follows:
(1) for inbound transits prior to passing between buoys 5 and 6, escort tug(s) shall remain with the tanker until it is properly berthed or anchored;
(2) for outbound transits from the berth or anchorage, escort tug(s) shall remain with the tanker until either safely at sea or after passing between buoys 5 and 6;
(3) while shifting from one location to another within the harbor.
(b) Before commencing an escorted transit, the pilot or master of the tankers shall initiate communications with the escort tug. During this pre-escort communication, all parties shall plan and discuss the details of the escorted transit including, but not limited to, the following:
(1) the intended route;
(2) the intended destination;
(3) the speed of the tanker;
(4) the positioning of the tug(s) relative to the tanker being escorted;
(5) the manner in which an emergency connection would be made between the tug(s) and tanker;
(6) radio communications, including primary and secondary frequencies; and
(7) anticipated weather, tidal, and sea conditions.
(c) Except as provided in (i) below, each tanker shall engage escort services as required by this subchapter whether laden or unladen.
(d) Each tanker shall have a minimum of one escort tug, except as stated in (e) and (i) below.
(e) All tankers over 20,000 deadweight tons shall have a minimum of two escort tugs.
(f) Escort tug(s) shall maintain an optimum station-keeping position as directed by the pilot or tanker master so as to best render assistance if needed. In any case, the escort tug(s) shall stay within 1/8 mile of the tanker while providing escort services.
(g) Tankers requiring escort services shall proceed at a safe speed which shall not exceed 10 knots or the speed at which their escort tug(s) can render assistance, whichever is less. Safe speed shall also take into consideration other factors, including but not limited to, depth of water, visibility, wind conditions, tidal currents, escort tug wakes, other traffic, and vessels at anchor.
(h) All tugs engaging in escort services for a tanker shall have multiple main propulsion systems.
(i) Exemptions:
(1) Where an emergency or extraordinary circumstances exist to threaten public safety, the environment, and/or the vessel, its crew or cargo, the pilot or master of a tanker is authorized to override this section consistent with provisions of the Inland Navigational Rules Act (33 USC 2001 et seq.) for same or similar circumstances. The pilot or master shall report any such event to the U.S. Coast Guard Captain of the Port. For purposes of this section, an emergency or extraordinary circumstances shall include, but not be limited to, any of the following:
(A) imminent and immediate danger to the vessel, its cargo or its crew;
(B) imminent and immediate danger to a marine terminal, service or escort tug;
(C) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
(D) any emergency declared by the U.S. Coast Guard Captain of the Port.
(2) A tanker shall not be required to engage escort services when it is carrying 5% of the vessel's deadweight tonnage, or 5,000 long tons, whichever is less, of oil or petroleum products as cargo, and is in ballast and inert or gas free.
(3) This subchapter shall not apply to tankers with double hulls, as that term is defined in 33 CFR Section 157.03, when the tanker also has fully redundant steering and propulsion systems. To be considered fully redundant, a steering and propulsion system shall include at least the following:
(A) two propellers with an engine dedicated to each; and
(B) two rudders with separate steering motors; and
(C) an operating bow thruster with a dedicated power source.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 852.5. Minimum Escort Tug Requirements for Barges.
Only those barges designed or modified to carry 5,000 long tons or more of oil or petroleum products as cargo, and which are laden with 5% or more of the vessel's deadweight tonnage in oil or petroleum products, shall be required to engage escort tug(s) in accordance with this subchapter.
(a) Each barge shall engage escort services as follows:
(1) for inbound transits prior to passing between buoys 5 and 6, escort tug(s) shall remain with the barge until it is properly berthed or anchored;
(2) for outbound transits from the berth or anchorage, escort tug(s) shall remain with the barge until either safely at sea or after passing between buoys 5 and 6;
(3) while shifting from one location to another within the harbor.
(b) Before commencing an escorted transit, the pilot or master of the dedicated tug of a barge shall initiate communications with the escort tug. During this pre-escort communication, all parties shall plan and discuss the details of the escorted transit including, but not limited to, the following:
(1) the intended route;
(2) the intended destination;
(3) the speed of the barge;
(4) the positioning of the tug(s) relative to the barge being escorted;
(5) the manner in which an emergency connection would be made between the tug(s) and barge;
(6) radio communications, including primary and secondary frequencies; and
(7) anticipated weather, tidal, and sea conditions.
(c) Barges shall have a minimum of one escort tug in addition to their dedicated tug.
(d) Exemption:
(1) Where an emergency or extraordinary circumstances exist to threaten public safety, the environment, and/or the vessel, its crew or cargo, the pilot or master of the dedicated tug of a barge is authorized to override this section consistent with provisions of the Inland Navigational Rules Act (33 USC 2001 et seq.) for same or similar circumstances. The pilot or master shall report any such event to the United States Coast Guard Captain of the Port. For purposes of this section, an emergency or extraordinary circumstances shall include, but not be limited to, any of the following:
(1) imminent and immediate danger to the vessel, its cargo or its crew;
(2) imminent and immediate danger to a marine terminal, service or escort tug;
(3) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
(4) any emergency declared by the U.S. Coast Guard Captain of the Port.


Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.23.1, Government Code.

s 852.6. Remedies.
(a) Nothing herein shall limit or prevent any action by any party in a court of competent jurisdiction.
(b) Any person who knowingly, intentionally or negligently violates any provision of this subchapter shall be subject to criminal, civil, and/or administrative civil actions as prescribed in Article 9 of Chapter 7.4, Division 1, Title 2 of the Government Code, beginning with Section 8670.57.


Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2, 8670.23.1, 8670.57 and 8670.67, Government Code.

s 852.20. Effective Date of Regulations.
This subchapter shall be effective May 1, 1995, and shall remain in effect no longer than five years from the effective date unless extended, amended or otherwise replaced by subsequent regulations. Any such amendment or replacement of these regulations shall provide for the best achievable protection of the marine waters of California.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code.

s 852.21. Purpose and Scope.
This subchapter sets forth reporting, fee and payment requirements for certain vessels using the Vessel Traffic Information Service (VTIS) for the Ports of Los Angeles and Long Beach. The regulations specify the amount of the fee to be imposed on covered vessels and the method of payment. State law, Section 445 et. seq., of the Harbors and Navigation Code, requires certain vessels to report to the VTIS when navigating within the area of coverage as specified in Section 852.24, of this subchapter. By reporting to the VTIS, covered vessels, and other vessels using waters within the VTIS area, will be provided with information to reduce the possibility of groundings or collisions and the risk of oil or fuel spills from such events.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.22. Definitions.
In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) "Covered vessel" means any of the following:
(1) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating.
(2) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating. "Towing vessel," as used in this subchapter, means any commercial vessel engaged in towing another vessel astern or alongside or by pushing it ahead.
(3) Every vessel issued a certificate to carry 50 or more passengers for hire, when engaged in trade.
(4) Covered vessel does not include military or public vessels of the United States, or vessels transiting the VTIS area as described in Section 852.24 which are engaged in innocent passage as defined in Article 19, Convention on the Law of the Sea.
(b) "Fee" means the fee assessed pursuant to Section 852.28 of this subchapter and deposited in the Vessel Safety Account of the Oil Spill Prevention and Administration Fund in the State Treasury.
(c) "Marine Exchange" means the Marine Exchange of Los Angeles-Long Beach Harbor, Inc., a corporation organized under the Non-Profit Mutual Benefit Corporation Law, (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code.
(d) "Operator" is the person defined in Section 651(q) of the Harbors and Navigation Code.
(e) "Ports" means the Ports of Los Angeles and Long Beach.
(f) "VTIS area" means the Designated Reporting Area specified in Section 852.24 of this subchapter.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.23. Applicability.
(a) This subchapter shall apply to all covered vessels as defined in Section 852.22 of this subchapter and, in part, to those vessels found in subsection (b), below.
(b) Vessels described in this subsection shall comply with the requirements of Section 447.5 of the Harbors and Navigation Code:
(1) Every power-driven vessel of 20 meters or more in length.
(2) Every vessel of 100 gross tons or more carrying one or more passengers for hire.
(3) Every dredge and floating plant.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.24. Designated Reporting Area.
(a) The VTIS area includes the waters of San Pedro Bay, San Pedro Channel, and Santa Monica Bay and navigable waters seaward of the breakwaters that are encompassed by the arc of a circle having its center at Point Fermin Light, with a radius of twenty-five (25) nautical miles drawn from a position on the shore in the vicinity of Laguna Beach, clockwise to a point on the shore approximately midway between Santa Monica and Malibu.
(b) The VTIS area does not include any waters inland from the lines of demarcation, as specified in Title 33 Code of Federal Regulations, Section 80.1114.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.25. Reporting Requirements.
(a) No person shall operate, navigate or transit within the VTIS area with a covered vessel unless the operator of such covered vessel complies with reporting requirements specified in Section 446 of the Harbors and Navigation Code, the Tariff Rules of the applicable port, and pays the fee as prescribed by local Tariff Rule or by Section 852.28 of this subchapter.
(b) No person shall operate, navigate or transit within the VTIS area with a vessel described in subsections 852.23(b) of this subchapter, unless the operator of such vessel complies with the reporting requirements specified in Section 447.5 of the Harbors and Navigation Code, and the Tariff Rules of the applicable port.
(c) Vessels moving from an anchorage area within the VTIS area shall report to the Marine Exchange at least 15 minutes, but no more than 1 hour, prior to getting underway.
(d) In addition to information required by Section 446 of the Harbors and Navigation Code, the operator of a covered vessel shall also report the vessel's LOA, as defined, and whether or not any dangerous cargo, as listed in 33 Code of Federal Regulations Part 160, Subpart C, is on board the vessel or its tow.
(e) A covered vessel operating within the harbor complex inland of the lines of demarcation, as specified in Section 852.24(b) of this subchapter, and not engaging a pilot, shall report to the appropriate pilot station in accordance with the Tariff Rules of each of the ports.
(f) All communication with the VTIS required by this section shall be conducted in accordance with applicable Federal regulations which have been incorporated in the VTIS Operations Manual developed by the Marine Exchange.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.26. Duties of the Marine Exchange and the Administrator.
(a) The Administrator shall enter into an agreement with the Marine Exchange which shall operate the VTIS in accordance with Section 8670.21 of the Government Code, and Division 3, Chapter 1, Article 4 of the Harbors and Navigation Code. The Administrator shall direct the Marine Exchange to perform the following duties:
(1) facilitate the safe transit of vessel traffic to prevent collisions, rammings, groundings, and environmental damage through aiding navigation by providing information regarding ship locationsand traffic; and
(2) receive notification of a covered vessel's arrival and movement as required under Section 446 of the Harbors and Navigation Code prior to the entry of such vessels into the VTIS area; and
(3) monitor compliance with the requirements of this subchapter and report all violations to the office of Oil Spill Prevention and Response and the Harbor Safety Committee for the Los Angeles/Long Beach Region; and
(4) act as an agent of the Administrator for the collection of the fee as prescribed in Section 852.27 of this subchapter. The requirements of this subchapter create no other agency relationship, express or implied, between the Administrator and the Marine Exchange.
(b) The Administrator shall ensure that the duties of the Marine Exchange in the operation of the VTIS are performed in an effective and impartial manner.
(c) The Administrator shall convene, as appropriate, the Los Angeles/Long Beach Harbor Safety Committee, established pursuant to Section 8670.23 of the Government Code, to provide a public forum for oversight of the VTIS operation. Any recommendation or finding of the Harbor Safety Committee shall be forwarded to the Administrator according to the schedule set forth in Section 8670.23(k) of the Government Code or at any other time deemed appropriate by the Harbor Safety Committee.


Note: Authority cited: Section 8670.21, Government Code. Reference: Sections 8670.21 and 8670.23(e), Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.27. Collection and Payment of Fee.
(a) In the event that the Ports of Los Angeles and/or Long Beach fail to impose a fee in accordance with Section 446.5 of the Harbors and Navigation Code and Section 8670.21(e)(2) of the Government Code that the Administrator deems sufficient to pay the cost of operating the vessel traffic service, the Administrator shall assess a VTIS reporting fee as set forth in Section 852.28. The fee shall be collected by the Marine Exchange, acting for the Administrator for fee collection purposes only.
(b) The fee shall be imposed on all covered vessels whenever transiting through or navigating within the VTIS area.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.28. Fee Determination.
(a) On behalf of the Ports or the Administrator, the Marine Exchange shall collect a fee from every covered vessel for each entry to the harbor complex, according to the following schedule:
(1) Each Vessel Over But Not Over Fee
0 Meters 150 Meters LOA $180.00
150 Meters 190 Meters LOA $200.00
190 Meters 230 Meters LOA $230.00
230 Meters 270 Meters LOA $270.00
270 Meters 310 Meters LOA $300.00
310 Meters - $340.00

(A) Exceptions to this requirement are as follows:
1. Any covered vessel for hire operating in a scheduled passenger or freight service between the mainland California coast and Santa Catalina Island which traverses the VTIS area, shall pay a fee of $300.00 per month, per covered vessel during the months of June, July and August and $150.00 per month, per covered vessel during all other months of the year.
2. Any covered vessel engaged in commercial rescue or emergency assistance service for hire, primarily to recreational boaters, which traverses the VTIS area, shall pay a fee of $25.00 per month per covered vessel.
3. Any covered vessel for hire, engaged in off shore oil well maintenance and service, or, any vessel engaged in construction projects, when such vessels is navigating between points in the California mainland coast range, from Point Dume south to Dana Point and including Santa Catalina Island or a designated dumping area for dredging spoils, which traverses the VTIS area, shall pay a fee of $300.00 per month per covered vessel.
(2) The fees prescribed in this subsection may be collected in combination with any other fees collected by the Marine Exchange, provided that the Marine Exchange maintains records of such collections. If the Marine Exchange chooses to collect fees in combination with other fees, all records shall be made available to the Administrator upon request, for accounting purposes.
(b) Upon written request of the Marine Exchange, the Administrator shall review the fee schedule to determine if adjustments may be necessary according to the costs incurred by the Marine Exchange, and the projected revenues for the upcoming State fiscal year. Any adjustment to the fee schedule shall be made in consultation with the Ports.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.29. Fee Usage.
The fee collected on behalf of the Administrator by the Marine Exchange shall be deposited in the Vessel Safety Account of the Oil Spill Prevention and Administration Fund in the State Treasury. Money in this account shall be used only for the following purposes:
(a) to establish and fund the operation of a VTIS for the Ports;
(b) to reimburse the U.S. Coast Guard for the cost of assigning Coast Guard personnel to the VTIS;
(c) to reimburse the Marine Exchange for actual costs incurred in the collection of fees pursuant to this subchapter;
(d) to repay any loans made to establish and operate the VTIS;
(e) to provide a reasonable reserve for contingencies.


Note: Authority cited: Section 8670.21, Government Code. Reference: Section 8670.21, Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.30. Penalties.
Any person who intentionally or negligently violates any provision of this subchapter shall be liable for an administrative civil penalty as prescribed in Government Code Section 8670.67(b).


Note: Authority cited: Section 8670.21, Government Code. Reference: Sections 8670.21 and 8670.67(b), Government Code; and Division 3, Chapter 1, Article 4, Harbors and Navigation Code.

s 852.60.1. Short Title.
This Chapter shall be known and may be cited as the Local Government Grant Program.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code.

s 852.60.2. Definitions.
In addition to the definitions in Chapter 1, Section 790 of this Subdivision, the following definitions shall govern the construction of this subchapter. Where similar terms are defined, the following will supersede the definition in Chapter 1:
(a) "Applicant" means any local government which is applying for a grant. Such government must be required to implement a Hazardous Materials Area Plan pursuant to Health and Safety Code Section 25503, and must have jurisdiction over or be directly adjacent to marine waters.
(b) "Area Plan" see "Hazardous Materials Area Plan".
(c) "Fund" means the Oil Spill Prevention and Administration Fund established pursuant to Section 8670.38 of the Government Code.
(d) "Grant" means an award of funds to a local government based on the evaluation and selection of the applicant government's proposal for the completion, update or revision of an oil spill contingency plan element. The awarding of a grant is subject to availability of cash reserves in the Oil Spill Prevention and Administration Fund.
(e) "Grant Agreement" means the written agreement, and any amendment(s) and written change orders thereto, which is/are signed by the Administrator or his/her designated representative and the grant recipient, and which defines the terms, provisions and conditions governing the grant.
(f) "Grant Recipient" means the local government which receives a grant award from the Department of Fish and Game, Office of Spill Prevention and Response (Department or OSPR).
(g) "Hazardous Materials Area Plan", referred to as an Area Plan in this subchapter, means the plan specified in Section 25503 of the Health and Safety Code pertaining to emergency response to a release or threatened release of a hazardous material within a city or a county and any additional minimum planning requirements identified in this subchapter.
(h) "Local Oil Spill Contingency Plan Element" or "local plan" means that element of a Hazardous Materials Area Plan pertaining to emergency response to a release or threatened release of oil or other hazardous material within a city or a county and any additional minimum planning requirements identified in this subchapter.
(i) "Regional Plan" for purposes of prioritization of grant awards pursuant to this subchapter, means a regional oil spill contingency plan element which encompasses all local governments within an entire U.S. Coast Guard Designated Area.


Note: Authority cited: Sections 8670.35, 8670.38, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.1, 8574.7, 8670.1, 8670.3, 8670.6, 8670.35 and 8670.38, Government Code.

s 852.60.3. Objectives of Local Government Grant Program.
The objective of the local government grant program is to encourage local governments to complete, update or revise an oil spill contingency plan element and to help provide a coordinated response and cleanup effort between local governments and State and Federal officials in order to provide the best achievable protection of the California Coast.


Note: Authority cited: Sections 8574.7, 8670.35, 8670.39 and 8670.40, Government Code. Reference: Sections 8574.7 and 8670.35, Government Code.

s 852.60.4. Duties and Responsibilities.
The Administrator has the lead state authority and responsibility for overseeing oil spill response and clean up activities in marine waters, identification of natural resources, protection priorities and damage assessment after an oil spill, in consultation with other state agencies and local governments.
In the event of an oil spill in marine waters, the Department of Fish and Game shall conduct an initial on-scene assessment of the spill and review the measures being taken by the responsible party and determine the appropriate level of response. In the event that the United States Coast Guard is on the scene first and has done an assessment, the Department may accept the Coast Guard's initial assessment and response determination if it is consistent with the guidelines set forth in the state oil spill contingency plan. The State shall establish a Unified Command with the U.S. Coast Guard at a spill in which both the State and Federal forces are involved. (continued)