1. (a) All tank vessel masters shall use an Escort Plan for transits through zones 1, 2, 4, or 6. The tank vessel shall not continue or commence a transit through any Escort Zone without an Escort Plan that is complete and adequate. The plan shall document the steps that the tank vessel owner/operator and/or master will take to comply with the requirements of this subchapter. The Escort Plan requirements set forth in this section are only planning standards and may not reflect the exigencies of an actual incident response. However, the Escort Plan must demonstrate that the vessel master is prepared to take the actions necessary to assure a reasonable level of success in providing the protection intended by this subchapter, as stated in section 851.2. The Escort Plan shall include:

   1. (1) the tank vessel's intended route(s);
   2. (2) the intended transit speed(s);
   3. (3) a communication plan, to include the radio frequencies that will be used and any other means of electronic communication;

   4. (4) the following characteristics of the tank vessel:

      1. (A) the location and strength of the bitts and chocks to be used by the escort tugs,
      2. (B) the location of the pushing surfaces on the hull that are strong enough to sustain the forces that can be exerted by the escort tug(s),
      3. (C) the number of crew assigned to escort-related duties,
      4. (D) any pertinent performance characteristics and related limitations of the steering and propulsion system(s);
   5. (5) the escort tugs to be used during the transit as required in section 851.9 (for tankers) or 851.9.1 (for barges);
   6. (6) the response actions that will most likely be implemented in the event of an emergency, taking into account the available bitts and chocks, pushing surfaces, line type, and expected tides and currents.

2. (b) Escort Plans shall be prepared using one of the following:

   1. (1) a format as designed, completed and submitted by the tank vessel owner/operator; or
   2. (2) a Checklist as recommended by the Harbor Safety Committee of the San Francisco Bay region, and approved by the Administrator. The vessel owner/operator shall assure that the vessel master completes the Checklist according to the requirements in this subchapter.

3. (c) Review, approval and use of an Escort Plan designed and submitted by the tank vessel owner/operator:

   1. (1) a tank vessel owner/operator may develop an Escort Plan for a vessel or vessels, and submit that plan to the Administrator for review and approval prior to using the plan for escorted transits;
   2. (2) the Escort Plan developed by the vessel owner/operator shall include all the information required in subsection 851.5.1(a). The requirement for information regarding the tug(s) to be used during the transit may be met by stating the size and braking force capacity of the tug(s) needed for each of the vessels covered by the plan.

   3. (3) each plan shall be either approved, approved with conditions, or denied within 60 days after the Administrator receives the plan. Approval, once given, may be revoked if it is found that the plan submitter is not complying with the requirements of this subchapter;

      1. (A) to be approved, the plan must comply with the requirements in this section, must match tug(s) to the tank vessels in accordance with the requirements in this subchapter, and must demonstrate that the tank vessel owner/operator and/or master maintains a level of readiness that will allow for effective implementation of the plan. The plan submitter shall be notified in writing when a plan has been approved.
      2. (B) approval shall be denied or revoked if the plan, or the implementation of the plan, does not comply with the requirements of this subchapter. If a plan is denied or revoked, the Administrator shall notify the owner/operator in writing of the reasons for denial or revocation, and provide an explanation of those actions necessary to secure approval. The Checklist form of escort plan, as prescribed in this section, shall be used unless and until a new or revised escort plan is submitted and approved by the Administrator.

   4. (4) once approved, the master and pilot shall use and comply with the Escort Plan on each escorted transit:

      1. (A) the details of the Escort Plan shall be reviewed and discussed as part of the pre-escort conference (section 851.7);
      2. (B) as part of the pre-escort communications, the pilot or, if there is no pilot on board, the master shall notify the Clearing House that the plan has been reviewed, and shall inform the Clearing House of the tugs that have been chosen for the escort.
   5. (5) the Checklist format, as described in this section, shall be used for all escorted transits unless or until an Escort Plan is submitted by the vessel owner/operator, and approved by the Administrator.

4. (d) Completion, review and use of Escort Plans prepared using the Checklist format developed by the Harbor Safety Committee:

   1. (1) the Checklist shall include all the items enumerated in subsection 851.5.1(a), as well as a schematic drawing of a tank vessel sufficient to illustrate the location of the bitts and chocks, and those areas on the hull that are capable of withstanding the forces exerted by the escort tug(s). The Administrator shall provide a copy of the approved Checklist to the Clearing House for distribution to tank vessel owner/operators, masters and/or pilots.
   2. (2) the master shall complete the Checklist, and shall verify that all the requisite elements have been included. The master shall sign the Checklist to indicate that, to the best of the master's knowledge, the information on the Checklist is correct, and is in compliance with the requirements of this subchapter. If there is no pilot on board, the master shall notify the Clearing House when the Checklist has been completed and shall inform the Clearing House of the tugs that have been chosen for the escort. The Administrator may request a copy of any Checklist at any time to determine if the planning process has been completed adequately.

   3. (3) the Checklist shall be completed by the tank vessel master at the following points during a transit operation:

      1. (A) for vessels arriving from sea, the Checklist shall be completed prior to entering Zone 1;

         1. 1. Alternatively, the agent or owner/operator may complete the Checklist and electronically send the completed form to the master and the Clearing House:

            1. i. before the vessel's estimated time of arrival to the San Francisco Bay Pilotage area, or
            2. ii. before the vessel's arrival at the San Francisco Bay Precautionary Area, or
            3. iii. after the vessel's departure from its last Port of Call.
      2. (B) for in-bay movements or for departures, the Checklist shall be completed prior to beginning the transit.

   4. (4) if a pilot is on board, the pilot shall review the Checklist as cited in subsection 851.5.1(d) and shall verify that all the elements have been completed adequately. The pilot shall sign the Checklist after reviewing and verifying its adequacy. The pilot shall then notify the Clearing House that the planning process has been completed, and shall inform the Clearing House of the tugs that have been chosen for the escort.

      1. (A) the pilot shall determine that the Checklist is adequate if the following are met:

         1. 1. all the items on the Checklist have been addressed completely; and
         2. 2. the information provided demonstrates that the tank vessel master is prepared to take the actions necessary to assure a reasonable level of success in using the escort tug(s) in response to a vessel casualty.
      2. (B) if the pilot determines that the Checklist is not adequate, the pilot shall notify the Clearing House, and explain the reason(s) for such determination. The Clearing House shall then immediately notify the Administrator that a Checklist has been determined to be inadequate by the pilot.

      3. (C) The Administrator shall review all inadequacy determinations made by a pilot and shall decide whether the determination is appropriate. The Administrator may affirm or overturn such determination, or may provide for conditional approval of a Checklist, as follows:

         1. 1. the Checklist will be considered adequate if it is complete, if the tug to tanker match has been done in accordance with this subchapter, and the information provided demonstrates that the tank vessel master is prepared to take the actions necessary to assure a reasonable level of success in using the escort tug(s) in response to a vessel casualty. If a Checklist is determined to be inadequate, the vessel may be ordered to discontinue operations until an adequate Checklist is completed;
         2. 2. a Checklist may be approved conditionally if there is a minor deficiency in one or more of the requisite elements. Conditional approval may require that the tank vessel operate under specified precautionary measures (such as operating at a slower speed). If the owner/operator of a tank vessel fails to comply with the requirements of the conditional approval, the Administrator may order the tank vessel to discontinue operations until an acceptable Checklist for that vessel has been completed and approved.
      4. (D) The pilot is not responsible for delaying or stopping the transit solely because of a plan's inadequacy.
   5. (5) The tank vessel owner/operator or the master shall ensure a copy of the completed, signed Checklist is submitted to the Clearing House within 14 days after the transit covered by the Checklist. The master, pilot, ship's agent or vessel owner/operator may send the copy to the Clearing House. A copy of the Checklist shall also be maintained aboard the vessel for a period of one year after the transit. A copy of the Checklist shall be made available to the Administrator upon request.

Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.2(b) and 8670.23.1(e)(1), Government Code.

History

1. New section filed 11-8-96; operative 1-1-97 (Register 96, No. 45).

2. New subsections (d)(3)(A)1. and (d)(4)(D), and amendment of subsections (d)(4) and (d)(5) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).

3. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).

4. New subsections (d)(3)(A)1.-iii., amendment of subsection (d)(4), new subsection (d)(4)(D) and amendment of subsection (d)(5) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).