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Page 15: of Maritime Reporter Magazine (November 2022)
The Workboat Edition
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The Author
Bryant substantial threat of a discharge of oil or
Dennis Bryant is with Bryant’s a hazardous substance.
Maritime Consulting, and for 20
The absence of broad responder im- years was a contributor to Maritime munity under current law may lead some
Reporter & Engineering News. responders to refrain from taking action directed by an FOSC or from proposing novel approaches to response in a par- ticular situation, especially when the ac- tion directed or the novel approach under consideration poses any possibility of in- creasing the environmental impact. Such hesitation on the part of responders, while understandable, is highly undesir- able in a spill response. Congress em-
Future-proof phasized in enacting OPA 90 the impor- tance of a timely and effective response.
The U.S. Coast Guard reiterated that in multiple approach in its regulations implement- ing OPA 90, particularly with regard to the regulations addressing salvage and ways marine ? re? ghting (SMFF). Experience indicates that delay in response to a ma- rine spill inevitably results in increased response requirements and increased en- vironmental damages.
The new MAN 49/60DF
Proposal
Individuals and entities responding to discharges or the substantial threat of
Best fuel costs and discharges of oil or hazardous substanc- long-term compliance
Today’s marine propulsion choices are es into waters of the United States are
VLJQLÀFDQWO\LQÁXHQFHGE\IXHOFRVWVDQG acting as federal employees. Their reluc-
GHFDUERQL]DWLRQUHTXLUHPHQWV7KHVH tance to become involved due to the risk
IDFWRUVKDYHGULYHQWKHGHYHORSPHQWRI of tort liability will impede the avail-
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HPLVVLRQVORZ7KHEXLOWLQÁH[LELOLW\RID vital mission of maintaining and enhanc-
GXDOIXHOHQJLQHLWVORZPHWKDQHHPLVVLRQV ing the cleanliness of those waters and
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IRUORQJWHUPHPLVVLRQVFRPSOLDQFH the environment. It is proposed that the %DVHGRQWKLVVWDWHRIWKHDUWHQJLQH
FTCA be amended to include within its
SODWIRUP0$1(QHUJ\6ROXWLRQVSODQV provision of immunity from common
RSWLRQVUHDG\IRUIXWXUHIXHOV law and admiralty tort liability actions www.man-es.com/MAN-49-60 (as well as actions involving foreign sovereigns) taken or omitted to be taken in accordance with the National Contin- gency Plan or otherwise directed by the
President or the FOSC by individuals and entities responding to discharges or the substantial threat of discharge of oil or hazardous substances.
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