Section 851.4 - Applicability(a) This subchapter shall apply to all tank vessels capable of carrying 5,000 or more long tons of oil in bulk as cargo when these vessels are underway on waters in the San Francisco, San Pablo and Suisun Bays, as follows: (1) tank vessels carrying 5,000 or more long tons of oil as cargo shall be required to comply with all the requirements in this subchapter;(2) tank vessels carrying less than 5,000 long tons of oil as cargo shall only be required to comply with the reporting requirement as stated in Subsection 851.7(b) The escort requirements of this subchapter shall not apply to tank vessels that are only shifting location within an anchorage. Any tug used during such a shifting maneuver need not be an escort tug registered with the Clearing House.(c) This subchapter shall not apply to tank vessels otherwise covered by the requirements of this subchapter in the event of an emergency. The master of the tank vessel shall report to the Clearing House any deviation from the requirements outlined in this subchapter as soon as practicable, and in no case later than the departure of the tank vessel from the marine waters of the state. For purposes of this section, an emergency shall include, but not be limited to, any of the following: (1) imminent and immediate danger to the vessel, its cargo, or its crew; or(2) imminent and immediate danger to a marine terminal, or to the escort tug; or(3) imminent and immediate danger to a vessel in close proximity to the tank vessel; or(4) any emergency declared by the Captain of the Port.(d) This subchapter (except for this Subsection 851.4(d)) shall not apply to tankers with double hulls, as that term is defined in 33 CFR 157.03(kk), when the tanker also has the following:(1) Fully redundant steering and propulsion systems to include: (A) two independent propulsion systems each with a dedicated propeller, engine (or motor), electrical generation system, electrical system (including the switchboard), fuel system, lube oil system, and any other system required to provide the vessel with independent means of propulsion; and(B) two independent rudders each with separate steering systems; and(C) the propulsion and steering components, as described in Subsection (A) and (B) above, shall be arranged in separate spaces, such that a fire or flood in one space will not affect the equivalent system in the other space(s); and(D) a bow thruster with an assigned power source;(2) A Navigation System in compliance with the federal navigational equipment requirements set forth in 33 CFR Sections 164.35, 164.37, 164.38(b), 164.40, 164.41, 164.42, and 164.43.(3) No exemption to this subchapter shall be allowed for a tanker requesting a U.S. Coast Guard Captain of the Port letter of deviation, pursuant to 33 CFR Sections 164.51, 164.53, and 164.55.(4) The Administrator may require tankers that are exempt from this subchapter under the conditions outlined in Subsection (d) to periodically demonstrate the tanker and crew's ability to maneuver in response to a partial or total loss of propulsion and/or steering at a level of safety at least equal to that of an escorted tanker.(e) This subchapter shall apply to all tugs being used to escort tank vessels in waters identified as escort zones.(f) The tank vessel master remains responsible for the safe navigation and maneuvering of the vessel in all circumstances. The requirements outlined in this section are in addition to, and not a limitation of, any other responsibility created by custom, law, or regulation.Cal. Code Regs. Tit. 14, § 851.4
1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subsections (b) and (c), and NOTE transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section and NOTE filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (b) and (d) and repealer and new subsections (d)(1)-(4) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
6. Amendment of NOTE filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37). Note: Authority cited: Sections 8670.17.2(a) and 8670.23.1, Government Code. Reference: Section 8670.23.1, Government Code.
1. New section filed 5-6-93 as an emergency; operative 5-6-93 (Register 93, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-16-93 as an emergency; operative 9-4-93 (Register 93, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-3-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-93 order including amendment of subsections (b) and (c), and Notetransmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (b) and (d) and repealer and new subsections (d)(1)-(4) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
6. Amendment of Note filed 9-15-2006; operative 10-15-2006 (Register 2006, No. 37).