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ished, provides a stark example of how easily the US spill re- lation negates any confdence that a SMFF service provider sponse program can get off track. Through lack of attention, a has in recouping its investment, as well as the service pro- number of important policies were skirted. First, the fnancial vider’s ability to obtain fnancing for necessary improve- guarantor, by means of the consultancy, was allowed to get its ments. The edifce upon which OPA 90 and its regulations are nose under the tent. The interests of the fnancial guarantor based would be eradicated and this nation would return to the are quite different than those of the Coast Guard. Second, the bad old days when vessel owners would hire the low bidder consultancy was allowed to build a wall between the FOSC with little regard for capability. In addition, the SMFF service and the SMFF service provider by means of the non-disclo- providers would slowly atrophy, losing their highly skilled sure agreement. Third, the consultancy was allowed to initiate personnel and becoming unable to maintain and replace their an ITT process, signifcantly delaying the response effort, the expensive equipment. Therefore, the Coast Guard must take essence of which is to be expeditious. Fourth, the ITT was the steps necessary to address shortcomings identifed in the allowed to include a fxed-price provision. And ffth, the con- GOLDEN RAY response.

sultancy was allowed to terminate the contract of the SMFF

The Author salvage resource provider listed in the owner’s pre-approved

Vessel Response Plan (VRP) without FOSC approval.

It is imperative to the effcacy of the US spill response

Bryant program, clearly the most effective and comprehensive in

Dennis Bryant is with Bryant’s the world, that the integrity of OPA 90 and its implement-

Maritime Consulting, and a regular ing regulations be maintained and reinforced, as necessary. contributor to Maritime Reporter &

In particular, allowing deviation from an approved response

Engineering News. plan for a lesser rationale than required by statute and regu-

Passion for excellence

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