33 C.F.R. § 168.10

Responsibilities

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(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).

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Archer Daniels Midland Co. v. Am. Liberty M/T (E.D. La. 2021).

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Archer Daniels Midland Co. v. Am. Liberty M/T (E.D. La. 2021). “Prior to entering or transiting the Mississippi River, the attending pilot shall be provided information on how any load limiting programs or automatic acceleration-limiting programs effect the operation of the main propulsion plan and the machinery/procedure used to override…”

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