Massachusetts General Laws

Mass. Gen. Laws ch. 21M, § 4 (2026)

Tank vessel; requirements

✓ current as of July 2026

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Section 4. (a) A tank vessel operating within the waters of the commonwealth shall be subject to this section.

The navigation watch on all tow vessels transiting Buzzards bay and carrying 6,000 or more barrels of oil shall consist of at least 1 licensed deck officer or tow vessel operator, who shall serve exclusively as a lookout with no other concurrent duties. This duty shall be carried out on a watch station in a safe location which allows sight and hearing of all navigational hazards and the tow vessel operator. The names of each navigation watch member shall be logged in the deck log as the member assumes duties.

Three licensed officers or tow vessel operators shall be on a tow vessel whenever the vessel is towing, whether by pushing or pulling, a tank barge carrying 6,000 or more barrels of oil in Buzzards Bay. Tow vessel operators shall maintain a list of crew members while towing a tank barge in Buzzards Bay.

(b) Crew requirements for tank barges shall consist of 2 personnel, 1 of whom shall be a certified tanker-man under 46 CFR subpart 12.20 who shall be on the tank barge at all times when the tank barge is underway, anchored or moored in the waters of Buzzards bay, unless the tank barge is not equipped to accommodate personnel on board or is carrying less than 6,000 barrels of oil.

(c) A tank barge which is underway, anchored or moored in the waters of Buzzards bay and which does not fulfill the minimum manning safety standards as stated in this section, shall be in violation of this chapter unless such tank barge has a double hull.

Notes of Decisions

Cited in 5 cases, 2006–2020 · leading case: United States v. Massachusetts, 493 F.3d 1 (1st Cir. 2007).

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United States v. Massachusetts, 493 F.3d 1 (1st Cir. 2007). · cites it 3× “The Commonwealth’s appeal challenges the injunction only insofar as it blocked three of MOSPA’s provisions: an enhanced manning requirement for tank barges and tow vessels in Buzzards Bay, see Mass. Gen. Laws ch. 21M, § 4; a tug escort requirement for special interest waters,…”

United States v. Coalition for Buzzards Bay, 644 F.3d 26 (1st Cir. 2011). “Mass. Gen. Laws ch. 21M, § 4(a). The MOSPA also establishes crew requirements for tank barges.”

United States v. Commonwealth of Massachusetts, 440 F. Supp. 2d 24 (D. Mass. 2006). · cites it 2× “Mass. Gen. Laws c. 21M, § 4(a). 100 . Id.”

United States v. Commonwealth of Mass., 724 F. Supp. 2d 170 (D. Mass. 2010). · cites it 4× “To the extent not otherwise already preempted, this rule is intended to, and does, preempt those provisions of Massachusetts’ “Act Relative to Oil Spill Prevention and Response in Buzzards Bay and Other Harbors and Bays of the Commonwealth,” (“MOSPA”) regarding enhanced manning…”

Am. Waterways Operators v. United States Coast Guard (D. Mass. 2020). “21, § 50C, (2) the manning requirement for single-hulled vessels, Mass. Gen. L. c. 21M, § 4, and (3) the tugboat escort requirements, Mass.”

— Mass. Gen. Laws ch. 21M, § 4(a) — 3 cases

United States v. Coalition for Buzzards Bay, 644 F.3d 26 (1st Cir. 2011). “Mass. Gen. Laws ch. 21M, § 4(a). The MOSPA also establishes crew requirements for tank barges.”

United States v. Commonwealth of Massachusetts, 440 F. Supp. 2d 24 (D. Mass. 2006). “Mass. Gen. Laws c. 21M, § 4(a). 100 . Id.”

United States v. Commonwealth of Mass., 724 F. Supp. 2d 170 (D. Mass. 2010). “To the extent not otherwise already preempted, this rule is intended to, and does, preempt those provisions of Massachusetts’ “Act Relative to Oil Spill Prevention and Response in Buzzards Bay and Other Harbors and Bays of the Commonwealth,” (“MOSPA”) regarding enhanced manning…”

— Mass. Gen. Laws ch. 21M, § 4(b) — 1 case

United States v. Massachusetts, 493 F.3d 1 (1st Cir. 2007). “The Commonwealth’s appeal challenges the injunction only insofar as it blocked three of MOSPA’s provisions: an enhanced manning requirement for tank barges and tow vessels in Buzzards Bay, see Mass. Gen. Laws ch. 21M, § 4; a tug escort requirement for special interest waters,…”

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