ALCOAST 402/08
COMDTNOTE 16700
SUBJ: ENFORCEMENT OF NONTANK VESSEL RESPONSE PLAN REQUIREMENTS
PRIOR TO ISSUANCE OF IMPLEMENTING REGULATIONS
A. SECTION 701 OF THE COAST GUARD AND MARITIME TRANSPORTATION ACT
OF 2004 (PUBLIC LAW 108-293)
B. SECTION 608 OF THE COAST GUARD AND MARITIME TRANSPORTATION ACT
OF 2006 (PUBLIC LAW 109-241)
C. NVIC 01-05 CH-1
D. 70 FEDERAL REGISTER 36649
E. MY 291907Z FEB 08
F. 73 FEDERAL REGISTER 35405
G. COMDT (CG-543) 121835Z AUG 08
1. PURPOSE: TO EXECUTE THE COAST GUARD ENFORCEMENT POSTURE IN
SUPPORT OF REQUIREMENTS FOR NONTANK VESSEL RESPONSE PLANS (NTVRP)
CONTAINED IN REFS A, B AND E. EFFECTIVE DATE OF THIS ENFORCEMENT IS
AUGUST 22, 2008.
2. BACKGROUND:
A. REF A REQUIRED OWNERS/OPERATORS OF NONTANK VESSELS TO PREPARE
AND SUBMIT NTVRPS TO THE COAST GUARD BY 09 AUG 05.
B. REF A MANDATES THAT THE COAST GUARD ISSUE REGULATIONS THAT
DETAIL THE CONTENT AND SUBMISSION OF NTVRPS.
C. REF B CLARIFIED THE APPLICABILITY FOR NTVRPS TO VESSELS OF 400
GROSS TONS OR GREATER AS MEASURED UNDER THE CONVENTION (ITC)
MEASUREMENT SYSTEM IN 46 USC 14302 OR THE REGULATORY MEASUREMENT
SYSTEM OF 46 USC 14502 FOR VESSELS NOT MEASURED UNDER 46 USC 14302.
ADDITIONALLY, REF B SPECIFIED THAT ONLY THOSE VESSELS THAT OPERATE
ON THE NAVIGABLE WATERS OF THE U.S. ARE REQUIRED TO SUBMIT NTVRPS.
D. REF C PROVIDES GUIDANCE TO VESSEL OWNERS OR OPERATORS REGARDING
THE INITIAL DEVELOPMENT OF PLANS TO MEET THE INTENT OF REF A FOR
THE IMMEDIATE SUBMISSION OF NTVRPS AND ISSUANCE OF 2 YEAR INTERIM
OPERATING AUTHORIZATIONS BEFORE THE COAST GUARD PUBLISHES FINAL
REGULATIONS FOR THE CONTENT AND APPROVAL OF NTVRPS.
E. REF D WAS PUBLISHED TO INFORM THE PUBLIC OF ISSUES RELATED TO
REF A AND DISCUSSED COAST GUARD EFFORTS TO ENCOURAGE PUBLIC
PARTICIPATION IN THE PROCESS OF DEVELOPING NTVRP SUBMISSION
GUIDANCE AND ULTIMATELY, THE PROPOSED RULE. RECOGNIZING THAT THE
LENGTH OF TIME REQUIRED TO RECEIVE AND ADDRESS PUBLIC COMMENTS
WOULD PRECLUDE THE PUBLICATION OF NTVRP REGULATIONS BY 09 AUG 05,
COMDT PUBLISHED REF D ON 24 JUN 05, ANNOUNCING THAT THE COAST GUARD
WOULD NOT ENFORCE REF A UNTIL REGULATIONS ARE ISSUED AND IN EFFECT.
F. REF E WAS PUBLISHED TO PROVIDE NOTICE TO AREA AND DISTRICT
COMMANDERS REGARDING INTENT TO CHANGE THE CURRENT ENFORCEMENT
POLICY FOR NONTANK VESSEL RESPONSE PLANS UNTIL REGULATIONS ARE
PROMULGATED.
G. REF F WAS PUBLISHED TO INFORM THE PUBLIC OF THE CHANGE IN NTVRP
ENFORCEMENT POLICY AND SOLICIT COMMENTS.
H. REF G WAS RELEASED TO PROVIDE ARRIVAL SCREENING PROCEDURES FOR
TANK AND NONTANK VESSEL RESPONSE PLANS.
3. COAST GUARD IMPLEMENTATION:
A. A CHANGE FROM PREVIOUS ENFORCEMENT POLICY: WHILE THE VAST
MAJORITY OF NONTANK VESSEL OPERATORS CALLING ON U.S. PORTS HAVE
SUBMITTED NTVRPS IAW PREVIOUSLY ISSUED GUIDANCE, WE HAVE DETERMINED
THAT THERE IS A NEED TO IMPROVE COMPLIANCE WITH THE REQUIREMENTS IN
REF A THAT NONTANK VESSEL OPERATORS SUBMIT A NTVRP. FOR ALL NONTANK
VESSELS OF 1600 GROSS TONS AND OVER, SECTORS ARE TO ENSURE
COMPLIANCE WITH THE SUBMISSION REQUIREMENTS FOR NTVRPS IAW REF A
AND PARA B BELOW. IF A VESSEL FAILS TO SUBMIT A NTVRP, CAPTAIN OF
THE PORTS (COTP) ARE EXPECTED, IN ALL APPROPRIATE CIRCUMSTANCES, TO
ENFORCE THESE REQUIREMENTS VIA USE OF THEIR AUTHORITY UNDER THE
PORTS AND WATERWAY SAFETY ACT (PWSA) (33 CFR 160.111) AND PLACE
OPERATIONAL CONTROLS AS DESCRIBED IN PARA G. FIELD GUIDANCE AND
COTP ORDER TEMPLATES ARE AVAILABLE THROUGH CG CENTRAL IN THE
PREVENTION COMMUNITY UNDER TOOLS.
B. REF A CONTAINED SELF-EXECUTING LANGUAGE THAT REQUIRED THE OWNER
OR OPERATOR OF A NONTANK VESSEL TO PREPARE AND SUBMIT A NTVRP THAT:
1) IS CONSISTENT WITH THE REQUIREMENTS OF THE NATIONAL CONTINGENCY
PLAN AND AREA CONTINGENCY PLANS, 2) IDENTIFIES THE QUALIFIED
INDIVIDUAL HAVING FULL AUTHORITY TO IMPLEMENT REMOVAL ACTIONS, AND
REQUIRES IMMEDIATE COMMUNICATIONS BETWEEN THAT INDIVIDUAL AND THE
APPROPRIATE FEDERAL OFFICIAL AND THE PERSONS PROVIDING PERSONNEL
AND EQUIPMENT, 3) IDENTIFIES, AND ENSURES BY CONTRACT OR OTHER
MEANS APPROVED BY THE PRESIDENT, THE AVAILABILITY OF PRIVATE
PERSONNEL AND EQUIPMENT NECESSARY TO REMOVE TO THE MAXIMUM EXTENT
PRACTICABLE A WORST CASE DISCHARGE (INCLUDING A DISCHARGE RESULTING
FROM FIRE OR EXPLOSION), AND TO MITIGATE OR PREVENT A SUBSTANTIAL
THREAT OF SUCH A DISCHARGE, 4) DESCRIBES THE TRAINING, EQUIPMENT
TESTING, PERIODIC UNANNOUNCED DRILLS, AND RESPONSE ACTIONS OF
PERSONS ON THE VESSEL OR AT THE FACILITY, TO BE CARRIED OUT UNDER
THE PLAN TO ENSURE THE SAFETY OF THE VESSEL OR FACILITY AND TO
MITIGATE OR PREVENT THE DISCHARGE, OR THE SUBSTANTIAL THREAT OF A
DISCHARGE.
C. THE OFFICE OF VESSEL ACTIVITIES, COMDT (CG-543), WILL CONTINUE
TO ISSUE 2 YEAR INTERIM OPERATING AUTHORIZATION (IOA) LETTERS IAW
REF A FOR NTVRPS SUBMITTED OR RECERTIFICATED. THESE AUTHORIZATIONS
WILL ALLOW VESSELS TO MAINTAIN NTVRPS UNTIL ISSUANCE OF THE FINAL
RULE. NEW NTVRP PLAN REVIEW MAY TAKE UP TO 60 DAYS. UPON
SATISFACTORY RECERTIFICATION STATING THAT RESPONSE RESOURCES HAVE
BEEN ENSURED BY CONTRACT OR OTHER APPROVED MEANS AVAILABLE TO
RESPOND TO A VESSELS WORST CASE DISCHARGE, SUBSEQUENT 2-YEAR IOA
LETTERS ARE ISSUED BY COMDT (CG-543) TO VESSEL OWNERS AND
OPERATORS.
D. SECTORS WILL SCREEN VESSELS FOR VESSEL RESPONSE PLANS IAW REF G
PRIOR TO EACH PORT ARRIVAL. FIELD UNITS SHALL ACCESS THE COAST
GUARD VRP ONLINE DATABASE AT WWW.E-VRP.COM TO DETERMINE THE STATUS
OF ANY VESSEL RESPONSE PLAN SUBMITTED TO THE COAST GUARD.
E. WHILE CONDUCTING EXAMINATIONS/INSPECTIONS ON ANY APPLICABLE
NONTANK VESSEL, PERSONNEL SHALL EXAMINE DOCUMENTATION, STATEMENTS,
AND OTHER EVIDENCE AS TO WHETHER THE VESSEL HAS SUBMITTED A NTVRP
TO COMDT (CG-543).
F. A VESSEL MAY PRESENT AN IOA ISSUED BY COMDT (CG-543) AS EVIDENCE
OF PROPER SUBMISSION OF A NTVRP. IN THE E-VRP ONLINE DATABASE, THE
STATUS OF VESSELS WITH VALID NTVRPS WILL BE LISTED AS INTERIM OPS.
SECTORS SHOULD VERIFY THAT AN IOA LETTER HAS BEEN ISSUED AND THAT
THE VESSEL HAS AN ENDORSEMENT FOR THE GEOGRAPHIC SPECIFIC AREA IN
WHICH IT OPERATES. SEE REF G FOR FURTHER GUIDANCE ON SCREENING
PROCEDURES.
G. IF IT IS DETERMINED THAT AN APPLICABLE NONTANK VESSEL HAS NOT
SUBMITTED THE REQUIRED NTVRP IAW REF A, THE COTP IS EXPECTED TO, IN
ALL APPROPRIATE CIRCUMSTANCES, TAKE ACTION UNDER PWSA TO RESTRICT
VESSEL OPERATIONS OR DENY PORT ENTRY UNTIL A NTVRP HAS BEEN
SUBMITTED. THIS COTP ORDER WILL BE ISSUED UNDER THE AUTHORITY OF
PWSA (33 CFR 160.111) FOR FAILING TO PREPARE AND SUBMIT A NTVRP AS
REQUIRED BY REF A. CG PERSONNEL ARE EXPECTED TO VERIFY OR CREATE A
DEFICIENCY TO REFLECT NONCOMPLIANCE. NOTE THAT REF A DOES NOT
REQUIRE THAT THE PLAN BE MAINTAINED ON BOARD THE VESSEL, ONLY THAT
IT IS PREPARED AND SUBMITTED. COMDT DOES NOT EXPECT SECTORS TO VET
THE CONTENTS OF NTVRPS. IF, HOWEVER, SECTOR PERSONNEL FIND ELEMENTS
OF A RESPONSE PLAN AS OUTLINED IN PARA B TO BE INVALID, THE COTP
SHOULD CONSULT WITH THE STAFF JUDGE ADVOCATE PRIOR TO INITIATING
ANY CONTROL AND/OR ENFORCEMENT ACTION. THE VRP STAFF OF COMDT
(CG-543) WILL ALSO BE AVAILABLE IAW PARA J TO ASSIST IN DETERMINING
IF PLAN ELEMENTS ARE VALID.
H. COTPS SHALL CLOSELY SCRUTINIZE PLAN HOLDERS THAT HAVE NOT
PREVIOUSLY SUBMITTED NTVRPS IAW REF C ENSURING THE PLAN HOLDERS
TAKE IMMEDIATE AND APPROPRIATE ACTION FOLLOWING A DISCHARGE OF OIL.
I. UNTIL NTVRP REGULATIONS ARE ISSUED AND IN EFFECT, COMDT (CG-543)
WILL CONTINUE TO ISSUE INTERIM OPERATING AUTHORIZATION LETTERS FOR
NTVRPS MEETING THE MINIMUM REQUIREMENTS FOUND IN 33 USC
1321(J)(5)(D). VESSEL OWNERS AND OPERATORS ARE ENCOURAGED TO SUBMIT
PLANS IAW VOLUNTARY GUIDANCE OF REF C. PLANS SUBMITTED CONSISTENT
WITH THIS GUIDANCE WILL FACILITATE ISSUANCE OF INTERIM OPERATING
AUTHORIZATIONS.
J. SECTORS ARE ENCOURAGED TO PARTICIPATE IN ACTIVE DIALOGUE WITH
AFFECTED INDUSTRY MEMBERS ABOUT NTVRP LEGISLATION. COMDT (CG-543)
HAS IMPLEMENTED A CUSTOMER SERVICE E-MAIL ADDRESS TO RECEIVE AND
RESPOND TO NTVRP OR GENERAL VESSEL RESPONSE PLAN QUESTIONS. THE
COAST GUARD AND MARITIME INDUSTRY CAN SEND QUESTIONS TO VRP(AT)
USCG.MIL OR CALL 202-372-1229. THE CUSTOMER SERVICE DESK IS STAFFED
MONDAY THROUGH FRIDAY 0800 TO 1700 (EST).
K. NONTANK VESSELS LESS THAN 1600 GROSS TONS ARE CONSIDERED TO POSE
LESS OF A THREAT, IN PART BECAUSE OF THE SMALLER QUANTITIES OF FUEL
CARRIED AND THE LIGHT WEIGHT OR DISTILLATE FUEL OIL THAT THEY
GENERALLY USE. THESE VESSELS ARE REQUIRED TO SUBMIT NTVRPS
CONSISTENT WITH 33 USC 1321 (J)(5) AND COAST GUARD PERSONNEL ARE
EXPECTED TO ENCOURAGE COMPLIANCE THROUGH EDUCATION AND AWARENESS
ACTIVITIES WITHIN RESPECTIVE CAPTAIN OF THE PORT ZONE ACTIVITIES.
CG PERSONNEL ARE EXPECTED TO DOCUMENT DEFICIENCIES IN MISLE FOR
NON-COMPLIANT VESSELS.
4. FOR FURTHER INFORMATION REGARDING THE VRP PROGRAM PLEASE USE
HTTP://HOMEPORT.USCG.MIL/VRP (ALL LOWERCASE) OR CG CENTRAL IN THE
PREVENTION COMMUNITY UNDER TOOLS. FOR QUESTIONS ABOUT ENFORCEMENT
OF NTVRPS, PLEASE CONTACT LT JARROD DEWITZ AT (CG-5431) OR CALL
202-372-1219.
5. RADM BRIAN M. SALERNO, ASSISTANT COMMANDANT FOR MARINE
SAFETY, SECURITY AND STEWARDSHIP, SENDS.
6. INTERNET RELEASE IS AUTHORIZED.