Page 12: of Maritime Reporter Magazine (April 2018)

Tugboats & Vessel

Response Plans (VRPs)

About the Author

Dennis L. Bryant is with Bryant’s Mari-

GOVERNMENT UPDATE time Consulting, and a regular contribu- tor to Maritime Reporter & Engineering

News as well as online at MaritimePro- fessional.com. t: 1 352 692 5493 e: [email protected] ing those waters. Other covered vessels must have a VRP providing coverage out to 50 nm off the coast.

Response vessels may only be includ- ed in the VRP if they are authorized to provide the intended services and are authorized to operate in the intended waters. Thus, a vessel authorized in its

COI to only engage in towing may not hire itself out to engage in spill response.

A vessel authorized to operate on only a coastwise route may not hire itself out to engage in spill response beyond 20 nm offshore. A vessel not authorized to carry personnel in addition to its crew may not hire itself out to carry a marine ? re? ghting team.

© sheilaf2002/AdobeStock

VRP holders and developers must

Traditionally, tugs and towboats (here- of missions. Prevented only from carry- activities to be listed on the COI, the carefully examine their plans to ensure inafter tugs) have largely been unin- ing cargo, their major regulatory restric- vessel must show that it is appropriately that the resources listed therein are actu- ally authorized to respond when called. spected vessels of the United States. tions involved safety standards and the equipped to conduct these operations.

They were subject to basic examina- quali? cations of master. In addition, if an activity for which the VRPs listing outside resources that are not authorized to provide the listed ser- tions by the US Coast Guard, but the inspected vessel intends to engage re- standards were little higher than those Certi? cate of Inspection quires carriage of personnel in addition vice may be invalid and subject to disap- proval. As a result, the vessel may ? nd applicable to recreational craft. These Inspected vessels have signi? cantly to the regular crew, this carriage of ad- tugs were also subject to examination more restrictions on their operation than ditional personnel must be re? ected in that it is no longer allowed to operate in

U.S. waters.

by the Occupational Safety and Health do uninspected vessels. The vessel’s the COI.

Administration (OSHA). The OSHA Certi? cate of Inspection (COI) identi? es

Generally examinations were rare, but when they the waters within which it is authorized Vessel Response Plan

As mentioned previously, tugs have took place any violations found could to operate. If limited to coastwise wa- Most commercial vessels operating in be costly. After one of the OSHA pen- ters, the vessel may not transit more than US waters are required to have a Coast become accustomed to providing a num- alty cases was litigated all the way to the 20 miles offshore. If limited to lakes, Guard-approved vessel response plan ber of services. As they become inspect-

US Supreme Court, the industry decided bays, and sounds, it must remain within (VRP). The VRP addresses the actions ed vessels, it behooves their owners and that it was time for a change. the boundary lines, which generally fol- to be taken in the event of an oil spill. operators to determine what services in

With the support of the U.S. Coast low the U.S. coastline. The COI may It must identify the outside resources addition to towing they anticipate that

Guard, the tug industry approached also indicate the sea state within which that it has retained by contract or other the tugs will or could be engaged. The owners and operators must then work

Congress and requested that its vessels the vessel may operate. approved means to respond to the maxi- be treated as inspected vessels of the The COI also identi? es the service or mum extent practicable to a discharge, with the Coast Guard to ensure that the

United States. As such, OSHA would services in which the vessel is authorized including a discharge resulting from ? re tugs meet the applicable requirements have no jurisdiction. Execution of the to engage. A vessel that is authorized to or explosion. Tank vessels that transfer and have the service re? ected on the

COI. They should also work with their plan took longer than expected, but the engage only in carriage of freight may oil within waters subject to the jurisdic- day is fast approaching. Tugs have be- not routinely hire itself out for carriage tion of the United States (out to the limit insurers and other involved third parties to ensure that everyone is on the same come accustomed to operating almost of passengers, oceanographic research, of the exclusive economic zone, gener- page.

anywhere and performing a wide variety or spill response. To qualify for such ally 200 nm) must have a VRP address- 12 Maritime Reporter & Engineering News • APRIL 2018

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