Page 12: of Maritime Reporter Magazine (July 2017)

GOVERNMENT UPDATE

Salvage and Marine Fire? ghting

Salvage and marine ? re? ghting are complex response efforts often undertaken in adverse weather and sea conditions. While no two oil spill responses are the same, the diversity of variation between any two oil spill responses is not near as great as the diversity of any two salvage and marine ? re? ghting responses. s a result, salvage and ma- rine ? re? ghting response providers must plan for and

Aanticipate a wide range of variation in what will be required to ad- dress their portion of a marine casualty.

The Oil Pollution Act of 1990 (OPA 90) does not speci? cally mention salvage and marine ? re? ghting, but it does state that vessel response plans shall “identify and ensure by contract or other means approved by the President that availabil- ity of private personnel and equipment necessary to remove to the maximum ex- tent practicable a worse case discharge (including a discharge resulting from ? re or explosion), and to mitigate or prevent a substantial threat of such a discharge.”

The U.S. Coast Guard advance notice of proposed rulemaking of 30 August 1991 requested comments and sugges- tions regarding vessel response plans for, among other things, emergency re- sponse scenarios, e.g., ? res/explosions and salvage operations.

The 19 June 1992 notice of proposed rulemaking stated that the Coast Guard

Photo: © Lev / Adobe Stock considers salvage and ? re? ghting ca- pabilities to be essential to deal with a mained for a number of years. On 12 ? ghting capability that is necessary in owners’ contingency plans for casualty worse case discharge. The proposed January 1996, the vessel response plan the vessel response plans; (2) establish- response and may include salvors that rule was ? nalized. Among the various ing how quickly these resources must specialize in speci? c aspects of salvage. rule required vessel owners and op- erators to identify and ensure the avail- changes from the interim rule, a require- be on-scene; and (3) determining what As a matter of corporate policy, com- ment was added providing that on or constitutes adequate salvage and marine panies needing salvage services should ability of, through contract or other ap- proved means, both private salvage and after 18 February 1998 the salvage and ? re? ghting resources. endeavor to contract for salvage services ? re? ghting capability for areas in with marine ? re? ghting resources must be ca- In 1994, the Marine Board of the Na- with these professional salvage compa- the vessel operates. It did not propose pable of being deployed to the port near- tional Academies completed its Reas- nies. The report basically endorsed the est the area in which the vessel operated sessment of the Marine Salvage Pos- Coast Guard’s program for classifying speci? c response times or equipment re- within 24 hours of noti? cation, but this ture of the United States. Among other oil spill removal organizations (OSROs) quirements due to the then-current short- requirement was suspended three times things, that report recommended that and recommended that the Coast Guard age of such response equipment on a na- tionwide basis. The interim ? nal rule for and never actually entered into effect. the Coast Guard, in consultation with utilize that program for the salvage and

A public meeting was held on 5 August the US Navy Supervisor of Salvage, marine ? re? ghting program. vessel response plans was promulgated 1997 to address issues related to salvage develop and promulgate a list of active When the salvage and marine ? re- on 5 February 1993. That rule imple- mented the salvage and marine ? re? ght- and marine ? re? ghting capabilities. Par- salvors in accordance with the general ? ghting rules were proposed on 10 May ing provisions as proposed the previous ticipants identi? ed three issues that they criteria proposed in the report. The list 2002, the Coast Guard placed the onus of year, with no speci? c response times or felt the Coast Guard needed to address: then should be used to prequalify sal- determining the adequacy of salvage and equipment requirements. So things re- (1) de? ning the salvage and marine ? re- vage companies for inclusion in vessel marine ? re? ghting resource providers 12 Maritime Reporter & Engineering News • JULY 2017

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