1. (a) Each barge shall engage escort services as follows:

   1. (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. (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. (3) while shifting from one location to another within the harbor.

2. (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. (1) the intended route;
   2. (2) the intended destination;
   3. (3) the speed of the barge;
   4. (4) the positioning of the tug(s) relative to the barge being escorted;
   5. (5) the manner in which an emergency connection would be made between the tug(s) and barge;
   6. (6) radio communications, including primary and secondary frequencies; and
   7. (7) anticipated weather, tidal, and sea conditions.
3. (c) Barges shall have a minimum of one escort tug in addition to their dedicated tug.

4. (d) Exemption:

   1. (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. (1) imminent and immediate danger to the vessel, its cargo or its crew;
      2. (2) imminent and immediate danger to a marine terminal, service or escort tug;
      3. (3) imminent and immediate danger to a vessel in the proximity of the escorted vessel; or
      4. (4) any emergency declared by the U.S. Coast Guard Captain of the Port.

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.

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.

History

1. New section filed 1-23-97; operative 2-22-97 (Register 97, No. 4).

2. Amendment of Note filed 3-30-2005; operative 4-29-2005 (Register 2005, No. 13).