Section 802 - Harbor Safety Plan Content(a) All harbor safety plans shall be written in consideration of the best achievable protection standard as that term is defined in Chapter 1 of this subdivision.(b) Each harbor safety plan shall include, at a minimum, a discussion of the following: (1) Tug Escorts (A) One section of the plan shall be dedicated to the usage of tug escorts in the committee's geographic region of responsibility.(B) This section shall allow for a case-by-cast determination of tug escort usage or need based on specified criteria which include, but are not limited to, all of the following factors:1. the physical limitations of the tugs;2. an analysis of commonly encountered weather and sea conditions including, but not limited to, wind, tidal and ocean currents;3. the type of cargo carried by the tank vessel;4. a determination of whether or not tug escorts are needed for unladen tank vessels; and5. the effectiveness of tug escorts in steering and/or stopping assistance for heavily laden tank vessels given the geographic and navigational limitations of that region.(C) This section shall also include, but not be limited to, all of the following:1. an outline discussing tug boat capabilities when assisting a tank vessel;2. a recommendation determining when tank vessels must be escorted by tug(s) while entering, leaving, or navigating in the region;3. a determination of sufficient size, horsepower, and pull capacity of the tug(s) to assure maximum assistance capability;4. a comprehensive inventory of the number and types of tugs available for tank vessel escort in each geographic region; and5. an analysis, including factual data and studies relating to the analysis, which specifies the incident and location of accidents and the effects of the absence or presence of tug escorts at the time of those accidents.(D) Each plan shall address its method for performing a continued study of tug escorts, which will rely in part on relevant information solicited by the harbor safety committee from pilots, masters, representatives from towing industries and builders, and other interested parties.(2) Geographic Region of Responsibility This section shall provide a written description of each committee's geographic region of responsibility and shall include a large scale chart, or chartlet, illustrating the entire region. The geographic region of responsibility described and illustrated shall be the one approved by the Administrator as outlined in Section 800.5(a) of this Subchapter.
(3) Regional Harbor Conditions This section shall provide:
(A) A description of existing and expected conditions of weather, tidal ranges, tidal currents (directions and velocities) and other factors which might impair or restrict visibility or impact vessel navigation;(B) a description of the procedures for routing vessel traffic, and any contingency or secondary routing plans which may be used during construction and dredging operations;(C) a description of limitations of current anchorages (designations, proximity to heavily used fairways or channels) and any plans, if developed, to address those limitations; and(D) a description of the current channel design (navigable channel width and advertised dredged depth) and any proposed changes to these plans.(4) Vessel Traffic Patterns This section shall provide, to the greatest extent possible:
(A) A description of the types of vessels which call on the ports or facilities within the region; and 1. identification of the types of cargo transported on the vessels; and2. a determination of the amount of oil annually (using a three year average) shipped into or from the ports or facilities within the region.(B) a history and types of all accidents and near-accidents which have occurred within the region during the past three years and any corrective actions or programs taken to alleviate recurrences. For purposes of this subsection, "near-accident" shall mean all situations where a risk of collision as defined by 33 USC 2007 existed;(C) an assessment of current safety problems or conflicts with small vessels, sailing vessels, or vessels engaged in fishing as it relates to violation of Rule 9 (Narrow Channels Rule) of the Inland Navigational Rules Act (33 USC 2009);(D) current procedures for routing vessels during emergencies or other contingencies which impact navigation;(E) a review of existing and proposed federal, state or local laws, regulations or ordinances affecting the region to determine a need for any change;(F) an assessment of the need for establishing or upgrading existing educational or public awareness programs for all waterway users.(5) Aids to Navigation This section shall:
(A) describe any fixed navigational hazards specific to the region and aids to navigation systems in place to minimize risk of contact with these hazards;(B) evaluate the existing aids to navigation systems available to each region as established and maintained by the United States Coast Guard or other navigational aids as permitted by the United States Army Corps of Engineers, and determine the need for any changes; and(C) evaluate current programs to determine accurate depth information in navigable channels, anchorages and berths used by tank vessels, and make recommendations necessary to increase the accuracy of such information.(6) Communication This section shall:
(A) review and evaluate the adequacy of current ship-to-ship and ship-to-shore communication systems used in the region;(B) identify any low propagation, or silent areas within the region;(C) if communication deficiencies exist, develop a strategy to address such deficiencies.(7) Bridge Management Requirements (A) This section shall assess the current schedule for bridge openings, the adequacy of ship-to-bridge communications, and the physical limitations affecting vertical and horizontal clearance.(8) Enforcement (A) This section shall include suggested mechanisms that will ensure that the provisions of the plan are fully, uniformly and regularly enforced.(9) Project Funding This section shall:
(A) provide recommendations for funding projects that the committee intends to recommend or initiate; and(B) consider the imposition of user fees, and assess existing billing mechanisms as potential funding sources.(10) Competitive Aspects This section shall:
(A) identify and discuss the potential economic impacts of implementing the provisions of the harbor safety plan; and(B) describe the significant differences in the restrictions that could vary from port to port within the region.(11) Miscellaneous (A) This section shall address any additional issues deemed necessary by the harbor safety committee that could impact safe navigation in the region including, but not limited to: 2. vessel ballast procedures or requirements;3. vessel mooring requirements;4. navigation in reduced or restricted visibility; and5. maintenance dredging necessary for safe vessel operation.Cal. Code Regs. Tit. 14, § 802
1. New section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2. Change without regulatory effect amending subsection (a) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section heading, section and NOTE filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2). Note: Authority cited: Sections 8670.23 and 8670.23.1, Government Code. Reference: Section 8670.23, Government Code.
1. New section filed 1-12-93; operative 1-12-93 (Register 93, No. 8).
2. Change without regulatory effect amending subsection (a) filed 7-12-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 28).
3. Amendment of section heading, section and Note filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).