[Title 33 CFR 168]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter P - PORTS AND WATERWAYS SAFETY]
[Part 168 - ESCORT REQUIREMENTS FOR CERTAIN TANKERS]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01false168PART 168NAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)PORTS AND WATERWAYS SAFETY
PART 168_ESCORT REQUIREMENTS FOR CERTAIN TANKERS--Table of Contents




Sec.
168.01 Purpose.
168.05 Definitions.
168.10 Responsibilities.
168.20 Applicable vessels.
168.30 Applicable cargoes.
168.40 Applicable waters and number of escort vessels.
168.50 Performance and operational requirements.
168.60 Pre-escort conference.

    Authority: Section 4116(c), Pub. L. 101-380, 104 Stat. 520 (46 
U.S.C. 3703 note).

    Source: CGD 91-202, 59 FR 42968, Aug. 19, 1994, unless otherwise 
noted.



Sec. 168.01  Purpose.

    (a) This part prescribes regulations in accordance with section 
4116(c) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380). The 
regulations will reduce the risk of oil spills from laden,

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single hull tankers over 5,000 GT by requiring that these tankers be 
escorted by at least two suitable escort vessels. The escort vessels 
will be immediately available to influence the tankers' speed and course 
in the event of a steering or propulsion equipment failure, thereby 
reducing the possibility of groundings or collisions.
    (b) The regulations in this part establish minimum escort vessel 
requirements. Nothing in these regulations should be construed as 
relieving the master of a tanker from the duty to operate the vessel in 
a safe and prudent manner, taking into account the navigational 
constraints of the waterways to be traversed, other vessel traffic, and 
anticipated weather, tide, and sea conditions, which may require reduced 
speeds, greater assistance from escort vessels, or other operational 
precautions.



Sec. 168.05  Definitions.

    As used in this part--
    Disabled tanker means a tanker experiencing a loss of propulsion or 
steering control.
    Escort transit means that portion of the tanker's voyage through 
waters where escort vessels are required.
    Escort vessel means any vessel that is assigned and dedicated to a 
tanker during the escort transit, and that is fendered and outfitted 
with towing gear as appropriate for its role in an emergency response to 
a disabled tanker.
    Laden means transporting in bulk any quantity of applicable cargo, 
except for clingage and residue in otherwise empty cargo tanks.
    Single hull tanker means any self-propelled tank vessel that is not 
constructed with both double bottom and double sides in accordance with 
the provisions of 33 CFR 157.10d.
    Tanker master means the licensed onboard person in charge of the 
tanker.
    Tanker owner or operator means the owner or shoreside organization 
(individual, corporation, partnership, or association), including a 
demise charterer, responsible for the overall management and operation 
of the tanker.



Sec. 168.10  Responsibilities.

    (a) The tanker owner or operator shall:
    (1) select escort vessels that can meet the performance requirements 
of this part; and
    (2) inform the tanker master of the performance capabilities of the 
selected escort vessels. This information must be provided to the master 
before beginning the escort transit.
    (b) The tanker master shall operate the tanker within the 
performance capabilities of the escort vessels, taking into account 
speed, sea and weather conditions, navigational considerations, and 
other factors that may change or arise during the escort transit.
    (c) In an emergency, the tanker master may deviate from the 
requirements of this part to the extent necessary to avoid endangering 
persons, property, or the environment, but shall immediately report the 
deviation to the cognizant Coast Guard Captain of the Port (COTP).



Sec. 168.20  Applicable vessels.

    The requirements of this part apply to laden, single hull tankers of 
5,000 gross tons or more.



Sec. 168.30  Applicable cargoes.

    The requirements of this part apply to any petroleum oil listed in 
46 CFR Table 30.25-1 as a pollution category I cargo.



Sec. 168.40  Applicable waters and number of escort vessels.

    The requirements of this part apply to the following waters:
    (a) Prince William Sound: Each tanker to which this part applies 
must be escorted by at least two escort vessels in those navigable 
waters of the United States within Prince William Sound, Alaska, and the 
adjoining tributaries, bays, harbors, and ports, including the navigable 
waters of the United States within a line drawn from Cape Hinchinbrook 
Light, to Seal Rocks Light, to a point on Montague Island at 
60[deg]14.6[min] North, 146[deg]59[min] West, and the waters of Montague 
Strait east of a line between Cape Puget and Cape Cleare.

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    (b) Puget Sound and certain associated waters: Each tanker to which 
this part applies must be escorted by at least two escort vessels in 
those navigable waters of the United States and Washington State east of 
a line connecting New Dungeness Light with Discovery Island Light and 
all points in the Puget Sound area north and south of these lights. This 
area includes all the navigable waters of the United States within Haro 
Strait, Rosario Strait, the Strait of Georgia, Puget Sound, and Hood 
Canal, as well as those portions of the Strait of Juan de Fuca east of 
the New Dungeness-Discovery Island line.



Sec. 168.50  Performance and operational requirements.

    (a) Except as provided in paragraph (c) of Sec. 168.10, at all 
times during the escort transit each tanker to which this part applies:
    (1) Must be accompanied by escort vessels that meet the performance 
requirements of paragraph (b) of this section (but not less than the 
number of escorts required by Sec. 168.40).
    (2) Must have the escort vessels positioned relative to the tanker 
such that timely response to a propulsion or steering failure can be 
effected.
    (3) Must not exceed a speed beyond which the escort vessels can 
reasonably be expected to safely bring the tanker under control within 
the navigational limits of the waterway, taking into consideration 
ambient sea and weather conditions, surrounding vessel traffic, hazards, 
and other factors that may reduce the available sea room.
    (b) The escort vessels, acting singly or jointly in any combination 
as needed, and considering their applied force vectors on the tanker's 
hull, must be capable of--
    (1) Towing the tanker at 4 knots in calm conditions, and holding it 
in steady position against a 45-knot headwind;
    (2) Stopping the tanker within the same distance that it could 
crash-stop itself from a speed of 6 knots using its own propulsion 
system;
    (3) Holding the tanker on a steady course against a 35-degree locked 
rudder at a speed of 6 knots; and
    (4) Turning the tanker 90 degrees, assuming a free-swinging rudder 
and a speed of 6 knots, within the same distance (advance and transfer) 
that it could turn itself with a hard-over rudder.

    Effective Date Note: At 59 FR 54519, Nov. 1, 1994, Sec. 168.50 was 
amended by suspending paragraph (b)(2), effective November 17, 1994.



Sec. 168.60  Pre-escort conference.

    (a) Before commencing an escort transit, the tanker master shall 
confer, by radio or in person, with the tanker pilot and the masters of 
the escort vessels regarding the escort operation.
    (b) The purpose of the pre-escort conference is for all parties to 
plan and discuss particulars of the escort transit.
    (c) At a minimum, the following topics must be addressed during the 
pre-escort conference:
    (1) The destination, route, planned speed, other vessel traffic, 
anticipated weather, tide, and sea conditions, and other navigational 
considerations;
    (2) The type and operational status of communication, towing, 
steering, and propulsion equipment on the tanker and escort vessels;
    (3) The relative positioning and reaction time for the escort 
vessels to move into assist positions, including, if appropriate, pre-
tethering the escort vessels at crucial points along the route;
    (4) The preparations required on the tanker and escort vessels, and 
the methods employed in making an emergency towline connection, 
including stationing of deck crews, preparation of messenger lines, 
bridles, and other towing gear, and energizing appropriate deck 
equipment;
    (5) The manner in which an emergency towline connection would be 
made (which escort vessel will respond, how messengers and towlines will 
be passed, etc.);
    (6) Other relevant information provided by the tanker master, pilot 
or escort vessel masters.

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