Page 15: of Maritime Reporter Magazine (November 2022)

The Author

Bryant substantial threat of a discharge of oil or

Dennis Bryant is with Bryant’s a hazardous substance.

Maritime Consulting, and for 20

The absence of broad responder im- years was a contributor to Maritime munity under current law may lead some

Reporter & Engineering News. responders to refrain from taking action directed by an FOSC or from proposing novel approaches to response in a par- ticular situation, especially when the ac- tion directed or the novel approach under consideration poses any possibility of in- creasing the environmental impact. Such hesitation on the part of responders, while understandable, is highly undesir- able in a spill response. Congress em-

Future-proof phasized in enacting OPA 90 the impor- tance of a timely and effective response.

The U.S. Coast Guard reiterated that in multiple approach in its regulations implement- ing OPA 90, particularly with regard to the regulations addressing salvage and ways marine ? re? ghting (SMFF). Experience indicates that delay in response to a ma- rine spill inevitably results in increased response requirements and increased en- vironmental damages.

The new MAN 49/60DF

Proposal

Individuals and entities responding to discharges or the substantial threat of

Best fuel costs and discharges of oil or hazardous substanc- long-term compliance

Today’s marine propulsion choices are es into waters of the United States are

VLJQLÀFDQWO\LQÁXHQFHGE\IXHOFRVWVDQG acting as federal employees. Their reluc-

GHFDUERQL]DWLRQUHTXLUHPHQWV7KHVH tance to become involved due to the risk

IDFWRUVKDYHGULYHQWKHGHYHORSPHQWRI of tort liability will impede the avail-

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FTCA be amended to include within its

SODWIRUP0$1(QHUJ\6ROXWLRQVSODQV provision of immunity from common

RSWLRQVUHDG\IRUIXWXUHIXHOV law and admiralty tort liability actions www.man-es.com/MAN-49-60 (as well as actions involving foreign sovereigns) taken or omitted to be taken in accordance with the National Contin- gency Plan or otherwise directed by the

President or the FOSC by individuals and entities responding to discharges or the substantial threat of discharge of oil or hazardous substances.

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