Page 17: of Maritime Reporter Magazine (March 2, 2005)

The U.S. Coast Guard recently issued interim guidance for the development and review of oil spill response plans for nontank vessels. Since 1993, tank ves- sels have carried oil spill response plans.

A recent legislative change will soon mandate similar response plans for most other ships. The problem is that the leg- islation requires nontank vessels to have the response plans sooner than the Coast

Guard can promulgate regulations in accordance with standard procedures.

Thus, the agency is unofficially advising stakeholders on how to comply with the legislation. Stakeholders will ignore the unofficial advice at their peril. The leg- islation has real teeth. Nontank vessels that have not prepared and submitted oil spill response plans prior to August 9, 2005 will not be allowed to operate on

U.S. waters.

For this purpose, a nontank vessel is a self-propelled vessel of 400 gross tons or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that is either a vessel of the United States or a foreign vessel that operates on the navigable waters of the

United States (internal waters and the 3- nm wide territorial sea). Note that gross tonnage is measured in accordance with the International Tonnage Convention (ITC).

In accordance with the Coast Guard and Maritime Transportation Act of 2004 (Pub.L. 108-293), a nontank vessel of 400 gross tons or greater (as defined by the Act) must submit to the U.S.

Coast Guard for approval a response plan that: (1) is consistent with requirements of the National Contingency Plan and applicable Area Contingency Plans; (2) identifies the qualified individual (QI) having authority to implement removal actions and require immediate communications between the QI and appropriate federal officials and response personnel; (3) identifies and ensures by contract or other approved means the availability of private personnel and equipment neces- sary to remove to the maximum extent practicable a worse case discharge (Vessels of the United States that do not

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Government Update

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March 2005 17

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Nontank Vessel Response Plans

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN.

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