Section 851.6 - Clearing House Responsibilities(a) The Administrator shall establish a Clearing House which shall be responsible for performing escort compliance and monitoring duties, to include the following: (1) monitor, verify, and record the braking force of each escort tug that will be used to comply with this subchapter;(2) ensure that the braking force measurement is certified by the American Bureau of Shipping (ABS) or by any member in the International Association of Classification Societies; (A) the braking force measurement shall be monitored by the Clearing House for those escort tugs that are tested in the San Francisco Bay region;(B) escort tugs may be tested in another port if the braking force measurement is conducted in a manner consistent with the ABS (or equivalent) standards as used by the Clearing House. The tug owner/operator shall register such measurement with the Clearing House, and shall provide verification that the measurement complies with the ABS (or equivalent) standards.(3) maintain and publish a register which lists the following for each escort tug whose braking force is measured under this section:(C) the length of the tug;(D) for tractor tugs, bollard pull ahead or astern, or the braking force determined by an alternate compliance model developed in accordance with the requirements of this subchapter;(E) for conventional tugs, bollard pull astern;(F) type and configuration of the propulsion system;(G) type and configuration of the steering system.(4) receive notification of a tank vessel's arrival and/or movement as required under Section 851.7;(5) receive notification of the displacement of a tanker, and the tug(s) chosen for an escorted transit. The Clearing House shall use this reported information to determine if the tanker is correctly matched to the escort tug(s) as required in this subchapter, and shall immediately report to the Administrator when such a match has not been done correctly. The verification shall be made prior to the tanker's arrival and/or movement. The Clearing House shall also be responsible for verifying the tug vessel's stability when these tugs are operating westward of the Golden Gate Bridge as specified in Section 851.8(f);(6) receive notification of the deadweight tonnage of a barge and the tug(s) that have been chosen for the escorted transit. The Clearing House shall use this reported information to determine if the barge is correctly matched to the escort tug(s) as required in this subchapter, and shall immediately report to the Administrator if the match has not been done correctly. The verification shall be made prior to the arrival and/or movement of the barge;(7) maintain copies of blank Checklists for distribution upon request to tank vessel owner/operators, masters and/or pilots;(8) receive notification of the completion of an Escort Plan, or the completion and adequacy of a Checklist, and report to the Administrator when a pilot makes a determination that a Checklist is not adequate;(9) maintain copies of the completed Checklists submitted by the tank vessel owner/operator or masters. Copies must be kept for a period of 3 years from the date of the transit covered by the Checklist. A copy of any Checklist shall be made available to the Administrator upon request;(10) receive reports from tug owners, operators or agents of any tug casualty that occurs during an escorted transit, and develop and maintain a database of all such casualty reports;(11) monitor compliance with the requirements of this subchapter and report all violations to both the Office of Spill Prevention and Response and the Harbor Safety Committee for the San Francisco Bay Region.(b) The Administrator shall ensure that the duties of the Clearing House are performed in an effective and impartial manner. The Administrator may enter into a contract or establish a memorandum of understanding to designate an individual, organization, corporation or agency to operate as the Clearing House.(c) The Clearing House shall be authorized to assess and collect a fee to cover the costs incurred in complying with the tug escort requirements of this subchapter. The owner/operators of all escort tugs and all tank vessels required to have a tug escort shall pay the fee assessed by the Clearing House.Cal. Code Regs. Tit. 14, § 851.6
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 subsection (a)(3) transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section heading, section and NOTE filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (a)(5), (a)(7) and (a)(12) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
6. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
7. Amendment of subsections (a)(2), (a)(3)(D), (a)(5), (a)(7) and (a)(12) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
8. Amendment of subsection (a)(7), repealer of subsection (a)(10) and subsection renumbering filed 5-10-2004; operative 6-9-2004 (Register 2004, No. 20). Note: Authority cited: Sections 8670.17.1, 8670.17.2(a) and 8670.23.1(d), Government Code. Reference: Sections 8670.17.1 and 8670.23.1(e)(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 subsection (a)(3) transmitted to OAL 11-30-93 and filed 1-11-94 (Register 94, No. 2).
4. Amendment of section heading, section and Note filed 11-8-96; operative 1-1-97 (Register 96, No. 45).
5. Amendment of subsections (a)(5), (a)(7) and (a)(12) filed 5-19-2000; operative 6-18-2000 (Register 2000, No. 20).
6. Editorial correction reinstating section as it existed prior to amendments printed in error in Register 2000, No. 20 (Register 2000, No. 42).
7. Amendment of subsections (a)(2), (a)(3)(D), (a)(5), (a)(7) and (a)(12) filed 9-4-2001; operative 10-4-2001 (Register 2001, No. 36).
8. Amendment of subsection (a)(7), repealer of subsection (a)(10) and subsection renumbering filed 5-10-2004; operative 6-9-2004 (Register 2004, No. 20).