Page 10: of Maritime Reporter Magazine (January 2017)

The Ship Repair & Conversion Edition

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Salvage and Marine

About the Author

Dennis L. Bryant is with Bryant’s Mari- time Consulting, and a regular contribu- tor to Maritime Reporter & Engineering

News as well as online at MaritimePro- t: 1 352 692 5493

Fire? ghting Veri? cation e: he U.S. Coast Guard regula- does not necessarily mean that the plan- lized in the other portions of the VRP tions regarding salvage and (6) be resubmitted for approval of ning requirements of the statute or regu- regulations. The usual method relates to marine ? re? ghting (SMFF) as each signi? cant change. lations were not met. The Coast Guard what are referred to as oil spill removal

Telements of vessel response will exercise its enforcement discretion organizations (OSROs). If the VRP plans (VRPs) for tank vessels have been The salvage and marine ? re? ghting re- in light of all facts and circumstances. utilizes an OSRO that has been classi- in place since 31 December 2008. On quirement was addressed in a vague pro- This policy is not new. It was ? rst ar- ? ed by the Coast Guard as capable of 30 September 2013, these regulations vision in the original VRP interim rule ticulated (in fewer words) in the 1993 responding to that particular type of oil were expanded to include non-tank ves- issued in 1993 requiring only that the interim rule. spill in that Captain of the Port (COTP) sels with a capacity of 2,500 barrels or oil spill response plan identify a salvage The speci? c salvage and marine ? re- zone, then the vessel owner/operator is greater of fuel oil. company with expertise and equipment ? ghting regulations apply only to those not required to verify or document the

The VRP requirement was established and a company with vessel ? re? ghting tank vessels that carry Group I-IV oils adequacy of the OSRO. If a response by the Oil Pollution Act of 1990 (OPA capability that agree to be so listed as and are required by 33 CFR § 155.1015 resource that is not a classi? ed OSRO is 90). The statute provides, in pertinent available resources. The interim rule- to have a VRP and to non-tank vessels utilized, then the vessel owner/operator part, that the VRP shall: making assumed a then current shortage carrying Group I-IV oil with a capacity has the burden of showing the adequacy of suf? cient SMFF assets nationwide of 2,500 barrels or greater. Thus, ex- of the identi? ed responder. (1) be consistent with the National and included a provision encouraging empted from this planning requirement The salvage and marine ? re? ghting

Contingency Plan and the Area Con- the response industry to enhance such are: regulation, on the other hand, includes tingency Plans; resources to meet the anticipated need. a list of 15 selection criteria that must

That vague provision was replaced by (1) tank vessels that carry Group V be utilized by the vessel owner/operator (2) identify the quali? ed individual the 2008 rulemaking. oils; in selecting a salvage resource provider having full authority to implement the A major point to be noted in this rule- and a list of four selection criteria that plan; making is that it establishes planning (2) tank vessels that carry animal must be utilized in selecting a marine criteria, not performance standards. The fats and vegetable oils as a primary ? re? ghting resource provider. These in- (3) identify and ensure by contract or rule speci? cally states that it is based cargo; clude, but are not limited to, whether the other approved means the availability on assumptions that may not exist dur- resource provider is currently working of private personnel and equipment ing an actual incident, while requiring (3) tank vessels carrying other non- in the response service needed; whether necessary to respond to the maxi- that a primary response provider is obli- petroleum oils as a primary cargo; it has a documented history of partici- mum extent practicable a worse case gated to respond when called. Compli- and pation in successful salvage and/or ma- discharge (including a discharge ance with the regulations is based upon rine ? re? ghting; whether it owns or has resulting from ? re or explosion); whether a covered response plan ensures (4) non-tank vessels with a capacity contracts for the needed equipment; and that adequate resources are available, of less than 2,500 barrels as a fuel whether it has personnel with document- (4) describe the training, equipment not on whether the actual performance (bunkers). ed training certi? cation and degree expe- testing, periodic unannounced drills, of those response resources after an in- rience. The owner or operator must cer- and response actions of persons on cident meets speci? ed arrival times or The salvage and marine ? re? ghting tify that all 15 selection criteria and all the vessel; other planning criteria. Failure to meet regulation has adopted a methodology relevant factors were considered when speci? ed criteria during an actual sal- for determining the adequacy of identi- the resource provider was chosen. The (5) be updated periodically; and vage or marine ? re? ghting response ? ed resources that differs from that uti- owner or operator should ensure that, if 10 Maritime Reporter & Engineering News • JANUARY 2017

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