Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.02 - Definitions

Current through Register 1525, July 5, 2024
Area of Special Interest
- any water
				of the Commonwealth that is found by the Secretary of the Office of
				Environmental Affairs to contain one or more immobile obstacles to navigation,
				or abuts or includes areas of critical environmental concern, is designated as
				an estuary of national significance, abuts or includes habitat for endangered
				species, abuts or includes public recreation areas, supports shell fishing, fin
				fishing or tourist industries, or abuts or includes sensitive public safety
				areas. Such waters shall include, but not be limited to, Buzzards Bay, Vineyard
				Sound, and Mount Hope Bay.
Automatic Identification System (AIS)
- a maritime navigation safety communications system standardized by the
				International Telecommunication Union (ITU) and adopted by the International
				Maritime Organization (IMO) that provides vessel information, including the
				vessel's identity, type, position, course, speed, navigational status, and
				other safety-related information automatically to appropriately equipped shore
				stations, other ships, and aircraft; receives automatically such information
				from similarly fitted ships; monitors and tracks ships; and exchanges data with
				shore-based facilities.
Automatic Radar Plotting Aid (ARPA)
-
				a computer assisted radar data processing system that can be used to track
				objects using radar contacts, calculate the tracked object's course, speed and
				closest point of approach, thereby indicating if there is a danger of collision
				with another vessel or a landmass. A typical ARPA gives a presentation of a
				current situation and uses computer technology to predict future situations. An
				ARPA assesses the risk of collision, and enables the vessel operator to see
				proposed maneuvers by its own ship.
Buzzards Bay
- the waterwaybounded
				and described as follows: from Sakonnet Point southward to the north end of the
				Buzzards Bay traffic separation zone, to the southwestern tip of Cuttyhunk
				Island thence through Buzzards Bay to the eastern entrance of the Cape Cod
				Canal at the United States Coast Guard "CC" Buoy in Cape Cod Bay, including
				Woods Hole Passage and Quicks Hole.
Buzzards Bay Approaches
.
(a) the area up to 120 nautical miles to the north and east of
				Buzzards Bay including the waters off of Portland Harbor, Maine in approximate
				position latitude 43/-31.7' N, longitude 70/-05.5' W and including all of Cape
				Cod Bay and its eastern approaches; and
(b) the area up to 120 nautical miles to the west and south of
				the Buzzards Bay Entrance Light including all of Vineyard Sound, Narragansett
				Bay and Block Island Sound, and Long Island Sound as far west as Execution
				Rocks in approximate position latitude 40/-52.6' N, longitude 70/-44.3'
				W.
Contractor
- the company selected by
				the Department pursuant to a competitive procurement to provide State-provided
				Tugboat Escort services, pursuant to the requirements in
				314 CMR
				19.06.
Cape Cod Canal
- the waterway between
				the Cape Cod buoy at the eastern end of the entrance of the Cape Cod Canal in
				approximate position 41/-49.0' N, longitude 70/-27.7' W and the "G 1" buoy at
				the western entrance of the Cape Cod Canal in approximate position 41/-40.9' N,
				longitude 70/-40.8' W.
Commissioner
- the Commissioner of
				the Department.
Department
- the Massachusetts
				Department of Environmental Protection.
Electronic Chart Display and Information System
				(ECDIS)
- a computer-based navigation information system that
				complies with International Maritime Organization (IMO) regulations and can be
				used in
lieu
of paper navigation charts in some areas. The
				true ECDIS system displays information from electronic navigational charts and
				integrates position information from the Global Positioning System (GPS) and
				other navigational sensors, such as radar, fathometer and automatic
				identification systems (AIS).
State Pilot
- a pilot commissioned
				under M.G.L. c. 103, or a pilot having received a first class federal pilot's
				endorsement for the waters of Buzzards Bay and Cape Cod Canal prior to March 1,
				2009 and having executed at least 15 round trips as a pilot in such waters
				within the three years preceding that date, proof of which shall be documented
				by submitting a Master's Letter of Discharge or notarized written affidavit by
				the pilot indicating the name of the vessel and the date(s) and time(s) of each
				trip covered by the affidavit.
State-provided Tugboat Escort
- a
				Tugboat Escort, the primary purpose of which shall be to serve as an escort tug
				for unescorted Tank Vessels carrying 6,000 or more barrels of oil in Buzzards
				Bay, and which shall:
(a) provide on-the-water-monitoring of these Tank
				Vessels;
(b) have the ability to warn vessels of actual or potential
				threats to navigation;
(c) be available to assist immediately to the threat of an
				accident;
(d) not be more than ¼ of a nautical mile away from a
				Tank Vessel during such escort;
(e) be equipped with:
1. twin radar displays equipped with ECDIS or ARPA capable of
				integrating AIS;
2. a towing winch and associated wire and gear capable of
				towing, at minimum, a 470 foot fully loaded Tank Vessel;
3. firefighting equipment as provided in
				314 CMR
				19.06(3); and
4. such other requirements, as specified in
				314 CMR
				19.06.
Tank Barge
- a Tank Vessel without a
				means of self-propulsion or a self-propelled Tank Vessel less than 40 meters,
				130 feet, in overall length.
Tank Vessel
- a ship that is
				constructed or adapted to carry, or that carries, oil or other petroleum
				product in bulk as cargo and that operates on the Waters of the Commonwealth or
				transfers oil or other petroleum products in a port or place subject to the
				jurisdiction of the Commonwealth.
Target Vessel
- a Tank Vessel
				operating in Buzzards Bay that is both carrying 6,000 or more barrels of oil as
				cargo, and unaccompanied by a Tugboat Escort.
Tugboat Escort
:
(a) a tug with twin screws and a separate system for power to
				each screw, with an aggregate shaft horsepower equivalent to 4,000 horsepower
				or greater and a minimum bollard pull of 50 tons; or
(b) a tractor tug, having an aggregate horsepower equivalent to
				4,000 horsepower or greater and a minimum bollard pull of 50 tons, which is
				propelled by blades or screws which may be manipulated or rotated to provide
				propulsive thrust to any part of a 360° arc relative to the keel or
				longitudinal axis of the tug. As of January 1, 2006, a Tugboat Escort shall be
				equipped with fire fighting equipment and, at a minimum, shall meet the
				requirements of the following American Bureau of Shipping ("ABS")
				classifications: Fire Fighting Vessel Class 1 and Maltese Cross A1 (Towing
				Vessel).
Vessel Assistance
- assistance
				rendered to a vessel in danger of grounding, allision or collision in the event
				of propulsion failure, parted tow line, loss of tow, fire, grounding, or any
				other circumstance that threatens the integrity or navigational safety of the
				vessel.
Vessel Movement Monitoring System
- a
				shore-based system that provides real-time vessel tracking by satellite, radar,
				AIS or other means and that supplies information regarding vessel locations and
				traffic. Tracking data provided must include but is not limited to: vessel
				name, maritime mobile service identity number, navigation status, speed over
				ground, position, heading, type of ship and cargo, destination, estimated time
				of arrival, and operation route plan.
Waters of the Commonwealth
- all
				waters within the jurisdiction of the Commonwealth, including, without
				limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries,
				wetlands, coastal waters, and ground waters.