1. (a) Measurement methodologies other than those used to establish the requirements in Section 851.27 may be used instead of, or in addition to, that section as follows:

   1. (1) Escort tug operators may propose an alternative method for measuring the forces of any escort tug (in kips) than the static bollard pull measurement indicates. An alternative measurement may be submitted only once in any 12 month period and shall comply with the following:

      1. (A) The owner/operator shall assure that the following are included when developing a methodology for calculating alternate forces for a given escort tug:

         1. 1. the alternate measurement is conducted from a starting speed of six (6) knots;
         2. 2. the escort tug is not required to exceed the limits of its ability to generate the forces, and in no instance submerges the deck edge to achieve the alternate measurement;
         3. 3. the escort tug operates all its equipment at or below the manufacturer's recommended guidelines for its safe working load;
         4. 4. unless demonstrated otherwise by full scale testing, all machinery shall be assumed to operate at or below performance levels published by the manufacturer;
         5. 5. any current bollard pull values registered with the Marine Exchange shall be utilized where appropriate in any formulas or models;
         6. 6. any known condition that would impair the escort tug's ability to perform shall be included in the calculation.

      2. (B) The measurement must be conducted by a naval architect or licensed marine engineer approved by the Administrator:

         1. 1. the escort tug operator shall submit the name of the naval architect or licensed marine engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate measurement.
         2. 2. the Administrator shall approve a naval architect or licensed marine engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of escort tug capabilities and forces.

      3. (C) The alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tank vessel to an escort tug or tugs. The Administrator shall approve the alternate model if:

         1. 1. it provides at least the same level of protection as the forces established in Section 851.27; and
         2. 2. can be achieved using no more than two escort tugs as required by this subchapter.
      4. (D) After an alternate model is approved, the Administrator shall provide the Los Angeles/Long Beach Harbor Safety Committee with a list of the escort tug combinations which correspond to the tank vessel displacements (in metric tons) and speeds under the approved alternate methodology.

   2. (2) Tank vessel operators may develop a model for the vessels in their fleet relative to the steering and braking demands of the vessels. The steering and braking demands established by the alternate model may be used to match escort tugs to tank vessels in lieu of those specified in Section 851.27. An alternate compliance model may be submitted only once in any 12 month period and shall comply with the following:

      1. (A) The measurement must be conducted by a naval architect or licensed marine engineer approved by the Administrator.

         1. 1. The tank vessel operator shall submit the name of the marine architect or licensed marine engineer to the Administrator for approval prior to having that individual or his/her company conduct an alternate model.
         2. 2. The Administrator shall approve a naval architect or licensed marine engineer if that person has demonstrated the education, knowledge and experience necessary to conduct the testing and modeling of escort tug capabilities and forces.

      2. (B) The alternate model and the resultant measurements shall be approved by the Administrator before the alternate model may be used to match a tank vessel to an escort tug or tugs. The Administrator shall approve the alternate model if:

         1. 1. it provides at least the same level of protection as the forces established in Section 851.27; and
         2. 2. can be achieved using no more than two escort tugs as required by this subchapter.
      3. (C) After an alternate model is approved, the Administrator shall provide the Marine Exchange and the Los Angeles/Long Beach Harbor Safety Committee with the tank vessel demand in kips which corresponds to the tank vessel's displacement (in metric tons) and speed under the approved alternate model.

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

History

1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).

2. Renumbering of former section 851.29 to new section 851.32 and new section 851.29 filed 8-19-98; operative 9-18-98 (Register 98, No. 34).

3. Amendment filed 7-12-2012; operative 8-11-2012 (Register 2012, No. 28).