NVIC 01-05: Interim response plan guidance for nontank vessels

COMDTPUB P16700.4 NVIC 01-05, CH-1 JUNE 2 2006 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 01-05, CHANGE - 1 Subj: CH-1 TO NVIC 01-05, INTERIM GUIDANCE FOR THE DEVELOPMENT AND REVIEW OF RESPONSE PLANS FOR NONTANK VESSELS Ref: (a) Section 701 of Coast Guard and Maritime Transportation Act of 2004 (Pub. L. 108-293) (b) Title 33, Code of Federal Regulations, Part 155, Subpart D – Response Plans

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — PURPOSE. Navigation and Vessel Inspection Circular (NVIC) 01-05 provides voluntary guidance to owners and operators of nontank vessels for preparing and submitting plans for responding to a discharge or threat of a discharge of oil from their vessels and for receiving interim operating authorization from the Coast Guard. This change is to provide additional guidance and expound upon

1. PURPOSE. Navigation and Vessel Inspection Circular (NVIC) 01-05 provides voluntary guidance to owners and operators of nontank vessels for preparing and submitting plans for responding to a discharge or threat of a discharge of oil from their vessels and for receiving interim operating authorization from the Coast Guard. This change is to provide additional guidance and expound upon NVIC 01-05.

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — ACTION.

a. Captains of the Port and Officers in Charge, Marine Inspection are encouraged to bring this change to the attention of the marine industry, within their area of responsibility. b. This NVIC is available on the World Wide Web at www.uscg.mil/hq/g-m/nvic/. Within the Coast Guard, it will be distributed by electronic means only.

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — DIRECTIVES AFFECTED. Enclosure (1) to NVIC 01-05 is replaced by Enclosure (1) of this document.

DIRECTIVES AFFECTED. Enclosure (1) to NVIC 01-05 is replaced by Enclosure (1) of this document.

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — BACKGROUND.

a. On August 9, 2004, the President signed the Coast Guard and Maritime Transportation Act of 2004 (CGMTA 2004). Sections 701(a) and (b) of the CGMTA 2004 amend sections 311(a) and (j) of the Federal Water Pollution Control Act (FWPCA) (33 USC 1321(a) and (j)) to require the Coast Guard to issue regulations that require an owner or operator of a nontank vessel to prepare and submit to the Coast Guard a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a DISTRIBUTION – SDL No. 141 [Distribution table showing columns a through z with various numerical entries in rows A through H] NON-STANDARD DISTRIBUTION: None. substantial threat of such a discharge, of oil. Section 701(c) of the CGMTA 2004 required that these response plans be prepared and submitted to the Coast Guard no later than one year after the date of enactment of the 2004 Act (i.e., by August 8, 2005). b. On February 4, 2005, the Coast Guard published NVIC 01-05 titled "Interim Guidance for the Development and Review of Response Plans for Nontank Vessels." The NVIC is available at www.uscg.mil/hq/g-m/nvic. It provides guidance to owners and operators of nontank vessels for preparing and submitting plans to the Coast Guard and is not itself enforceable by the Coast Guard. NVIC 01-05 is changed by this NVIC.

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — DISCUSSION. As a result of questions received from the marine industry, the Coast Guard is issuing further guidance to clarify several issues. Rather than perform numerous "pen & ink" changes, enclosure (1) to NVIC 01-05 is revised and reissued in its entirety. The major changes are as follows:

a.

Applicability. 1.

The CGMTA 2004 defines a "nontank vessel" as a self-propelled vessel of 400 gross tons as measured under 46 USC 14302 (the Convention measurement system) or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that is a vessel of the United States or that operates on the navigable waters of the United States.

Accordingly, the CGMTA 2004 applies to vessels that are 400 gross tons as measured under 46 USC 14302 and to vessels that would be 400 gross tons if measured under 46 USC 14302.

The CGMTA 2004 does not specify how it applies to vessels which do not have a current measurement under the Convention measurement system (i.e., those vessels measured only under the regulatory measurement system under 46 USC 14502).

The Coast Guard considers owners of vessels which do not have a current measurement under 46 USC 14302 to be subject to the Act if the vessel would be 400 gross tons if measured under 46 USC 14302.

The CGMTA 2004 does not require vessel owners or operators whose vessels have not been measured under 46 USC 14032 to have their vessels so measured.

To be prudent, we advise owners of vessels not measured under the Convention measurement system that a vessel's tonnage measured under the regulatory measurement system is generally less than that vessel's tonnage measured under the Convention system.

Therefore, it is likely that vessels of or near 400 gross register tons and greater when measured under the regulatory measurement system will ultimately be subject to the response plan requirements of the CGMTA 2004.

Vessel owners and operators who want to secure interim authorization letters because they believe their vessels may be covered by the response plan regulations when issued are highly encouraged to use the voluntary interim authorization process under NVIC 01-05. 2.

Disparities between the two measurement systems and the applicability of the Act to vessels measured under the regulatory measurement system will be addressed during the rulemaking process.

This NVIC does not require vessel owners or operators whose vessels have not been measured under 46 USC 14032 to have their vessels so measured.

To be prudent, we advise owners of vessels not measured under the Convention measurement system that a vessel's tonnage measured under the regulatory measurement system is generally less than that vessel's tonnage measured under the Convention system.

Therefore, it is likely that vessels of or near 400 gross register tons and greater when measured under the regulatory measurement system will ultimately be subject to the response plan requirements of the CGMTA 2004.

Vessel owners and operators who want to secure interim authorization letters because they believe their vessels may be covered by the response plan regulations when issued are highly encouraged to use the voluntary interim authorization process under NVIC 01-05. b.

MARPOL 73/78 Plans.

The owner or operator of a United States flag vessel may address the provisions of MARPOL 73/78 Regulation 26 of Annex I (Shipboard Oil Pollution Emergency Plans (SOPEP)), [33 CFR 151.26 to 151.29] and Regulation 16 of Annex II (Shipboard Marine Pollution Emergency Plans (SMPEP-NLS) and Shipboard Marine Pollution Emergency Plans (SMPEPs)) in a combined plan with their Nontank Vessel Response Plan if the owner or operator -- 1.

Informs the Coast Guard in writing at the time of the plan submission in accordance with the procedures of NVIC 01-05; 2.

The plan meets all applicable SOPEP, SMPEP-NLS and SMPEP requirements as set forth at 33 CFR 155.1065(j); and 3.

All combined plans comply with the 2000, International Maritime Organization, Shipboard Oil Pollution Emergency Plan amendments.

Further guidance on preparing SOPEPs is available on the world wide web at http://www.uscg.mil/vrp. c.

Existing Tank Vessel Response Plans.

The owners or operators of vessels required to submit tank vessel response plan (for vessels carrying oil as a primary cargo) in accordance with 33 CFR 155.1065, may add their nontank vessels to an approved tank vessel response plan, in the same manner as that for tank vessels, so long as all information recommended in NVIC 01-05 is provided.

An interim operating authority for a vessel added to an existing tank vessel response plan will be issued for a period of 2 years but not to exceed the expiration date of the plan. d.

Inactive Vessels.

The Coast Guard does not intend to require owners or operators of vessels in a "laid up" status, to submit a nontank vessel response plan.

The owners and operators should empty the vessels fuel tanks of all excess fuel not needed for the maintenance of the vessel's material condition. e.

Additional Equipment.

Owners and operators of nontank vessels are not required to equip their vessels with the additional equipment described in 33 CFR part 155, subpart B.

However, if the nontank vessel is equipped with additional equipment, such as discharge removal equipment and emergency towing equipment, the NTVRP should describe the equipment, its intended purpose, and procedures for its use.

Further, even in the absence of this equipment, the plan should describe the procedures for initiating emergency towing, if it should become necessary. f.

Computerized Damage Stability and Residual Structural Strength Calculation Programs.

At this time, owners and operators of nontank vessels are not required to acquire the computerized, shore-based damage stability and residual structural strength calculation programs contained in 33 CFR 155.240.

However, if such resources exist, the plan should identify the shore location and 24-hour access procedures for them.

Owners and operators of nontank vessels should identify the shore location and 24-hour access procedures for available shore-based damage stability and residual structural strength calculation data, such as plans and line drawings, which might be useful in an incident.

This shore side contact might be the Port Engineer or Port Captain who has access to the vessel plans and special knowledge of the vessel. g.

Enforcement.

The 2004 Act requires that the response plans be prepared and submitted by August 8, 2005 (i.e., one year after the enactment of the 2004 Act).

In addition, CGMTA 2004 requires the President (Coast Guard) to issue regulations requiring the submission of plans.

Because of the length of time needed to provide the necessary opportunity for, and consideration of, public comments, regulations were not issued by that date.

The Coast Guard will not enforce CGMTA 2004 until regulations are issued and in effect. h.

Response Resources.

Section 1, of enclosure (1), to NVIC 01-05, paragraph (g), provides a summary of additional response resources for vessels carrying groups I through IV petroleum cargo.

Detailed requirements are outlined in section 7, paragraphs (i) and (j).

Section 7 has been revised for consistency with section 1.

The following chart summarizes the response resources.

NONTANK VESSEL'S FUEL CAPACITY | RECOMMENDED RESOURCES | SALVAGE | LIGHTERING/OFFLOADING | FIREFIGHTING | OSRO AMPD, MMPD & WCDI AMPD & MMPD AMPD 2,500 bbls & > | YES | YES | YES | 250 to 2499.9 bbls | YES* | YES* | NO | < 250 bbls | YES* | NO | NO | * These resources need only be identified for vessels with a fuel capacity of less than 2,500 barrels. i.

Interim Operating Authorization: The Coast Guard intends to issue regulations as required by the 2004 Act.

Until regulations are in effect, the Coast Guard intends to issue interim authorization letters.

The Coast Guard may authorize a nontank vessel to operate without an approved response plan until two years after the date of submission to the Coast Guard of a nontank vessel response plan under 33 USC 1321(j)(5) if the vessel owner or operator certifies in writing to the Coast Guard that the owner or operator has ensured the availability of, through contract or other approved means, the necessary private personnel and equipment to respond, to the maximum extent practicable, to a worst case discharge or substantial threat of such a discharge from their vessel as described in NVIC 01-05, Change 1. 33 USC 1321(j)(5)(D), requires that a response plan —

(1) Be consistent with the requirements of the National Contingency Plan and Area Contingency Plans;

(2) Identify the qualified individual having full authority to implement removal actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to paragraph (3) below;

(3) Identify and ensure by contract or other means approved by the Coast Guard the availability of private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge;

(4) Describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel, to be carried out under the plan to ensure the safety of the vessel and to mitigate or prevent the discharge, or the substantial threat of a discharge;

(5) Be updated periodically; and

(6) Be resubmitted for approval of each significant change.

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — DISCLAIMER.

a. This document is intended only to provide guidance to industry for preparing response plans. While the guidance contained in this document may assist the industry, public, Coast Guard, and other Federal and State regulators in applying statutory and regulatory requirements, the guidance is not a substitute for applicable legal requirements nor is it a regulation itself. Thus, it is not intended to, nor does it impose legally-binding requirements on any party, the Coast Guard, other Federal agencies, the States, local government, tribes, or the regulated community. b. This document does not bind the Coast Guard in any way in developing regulations. A response plan that complies with this guidance may ultimately not comply with the regulations, once issued. In which case, the plan may require revision by the vessel owner or operator to comply with the regulations.

Change 1 to NVIC 01-05, interim guidance for the development and review of response plans for non-tank vessels. — FORMS/REPORTS. None.

T. H. GILMOUR Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety, Security and Environmental Protection