NVIC 02-10: Salvage and firefighting guidance for vessel response plans

NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 2-10 Subj: Guidance for Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans Ref: (a) Title 33, Code of Federal Regulations, Part 155, Subpart I – Salvage and Marine Firefighting (b) Title 33, Code of Federal Regulations, Part 155, Subpart D – Response Plans (c) Title 40, Code of Federal Regulations, Part 300 – National Oil and Hazardous Substances Pollution Contingency Plan (d) National Preparedness for Response Exercise Program (PREP) Guidelines (e) Guidelines for the U.S. Coast Guard Oil Spill Removal Organization Classification Program, June 2008 (f) The Information and Life Cycle Management Manual, COMDTINST M5212.12 (series).

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — PURPOSE. This circular provides voluntary guidance to vessel owners and

operators, salvage and marine firefighting resource providers, and other members of the maritime industry for preparing and submitting the necessary information to comply with the requirements contained in reference (a).

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — ACTION.

a. Captains of the Port and local port partners should actively review the Salvage Annexes in the Area Contingency Plan (ACP), and Area Maritime Security Plan (AMSP), to ensure that they are updated to include pertinent details of the local Salvage and Marine Firefighting (SMFF) resources. b. Regulated vessel owners and operators need to submit new vessel response plans (VRPs) and update existing VRPs in accordance with the regulations found in reference (a) and (b). VRPs must be updated and submitted to the Coast Guard before February 22, 2011, in order for vessels to remain in compliance with references (a) and (b). c. Captains of the Port and Officers in Charge, Marine Inspection are encouraged to bring this document to the attention of the marine industry within their area of responsibility. d. This Navigation and Vessel Inspection Circular (NVIC) is available online at www.uscg.mil/hq/g-m/nvic/. Within the Coast Guard, it will be distributed by electronic means only. Questions regarding this NVIC may be emailed to vrp@uscg.mil, or call the VRP Helpdesk at 202-372-1000.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — APPLICABILITY.

a. Reference (a) and this NVIC apply to tank vessels required by 33 CFR 155.1015 to have a VRP for vessels carrying groups I through IV petroleum oil. b. Reference (a) and this NVIC do not apply to tank vessels required to have a VRP and that carry group V oil (33 CFR 155. 1052), animal fats and vegetable oils as a primary cargo (33CFR 155.1230), or other non-petroleum oils as primary cargo (33 CFR 155.2230).

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — DIRECTIVES AFFECTED. None

DIRECTIVES AFFECTED. None

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — BACKGROUND.

a. The Oil Pollution Act of 1990 mandated that tank vessel owners ensure the availability of adequate response resources to respond to a vessel's worst case discharge, including fire and explosion. b. The VRP regulations contained in reference (b), did not provide specific salvage or firefighting requirements and relied on the vessel owners or operators to identify contractor resources. On December 31, 2008, the Coast Guard issued reference (a), Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil; Final Rule, which defines the SMFF capability required to be listed in the VRP, establishes how quickly these planned resources should be capable of arriving on scene, and provides selection criteria for planholders to use in determining the adequacy of SMFF resources.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — DISCUSSION. The new requirements established in reference (a) will enhance SMFF

capability, save lives and property, and help prevent the escalation of potential oil spills to worst case discharge scenarios. Vessel owners or operators are required to establish contracts (or other approved means) and funding agreements with SMFF resource providers, ensuring that response resources will be available without delay when needed. Resource planning standards are established by reference (a). These planning standards are to be used in choosing SMFF resources to place under contract for response to an incident involving SMFF risks. Resources are contracted for response to the risks posed by the vessels listed in a particular response plan for the areas in US waters where they operate. NVIC Attachments 1, 2, and 3 provide a table of acronyms, a glossary, and answers to frequently asked questions about the SMFF Final Rule, respectively. Attachments 4 and 5 are job aids for establishing alternative planning criteria, and for evaluating SMFF services. These reference documents are provided as a resource to SMFF stakeholders.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — DISCLAIMER. This circular provides guidance to vessel owners and operators for

submitting VRP updates required by reference (a). While the guidance contained in this document may assist the industry, the public, the 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, including the Coast Guard, other agencies, or the regulated community.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — PAPERWORK REDUCTION ACT. This Circular describes a collection of

information. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection that does not display a currently valid OMB control number. Submission of a VRP is required by Coast Guard Regulations at 33 CFR Part 155, and the relevant OMB control number is 1625-0066.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — PLAN SUBMISSION GUIDANCE.

a. Existing VRPs – SMFF Updates. Existing approved VRPs must be updated to comply with the provisions of reference (a) and submitted to the Coast Guard before February 22, 2011. Currently, the VRP update approval process takes up to 30 days. Review times may be extended due to the high volume of submissions that are expected. VRPs with SMFF updates may be submitted to the Coast Guard beginning September 1, 2010. b. Existing VRPs – 5-Year Renewal. Existing approved VRPs must be revised every five years. VRPs expiring on or after February 22, 2011, should incorporate the provisions of reference (a) in the submitted plan revisions. The 5-year renewal approval process can take approximately 90 days. A VRP sent to the Coast Guard to be reviewed for its 5- year renewal on or after September 1, 2010, should address the provisions of reference (a). c. New VRPs. New VRPs should be submitted 60 days in advance of operations in US waters in order to leave adequate time for the new plan approval process. A new VRP sent to the Coast Guard for approval, in which the vessel intends to operate after February 22, 2011, should address the provisions of reference (a). New VRPs with SMFF updates will be accepted for review as early as September 1, 2010. d. Temporary Waiver Requests. Vessel owners or operators unable to identify a resource provider who can meet response time requirements of reference (a) may submit a request for the temporary waiver of a specific response time requirement in accordance with 33 CFR 155.4055. Temporary waiver requests must be submitted to the local Captain of the Port

(COTP) 30 days prior to any VRP submission deadlines in order to allow waiver request processing time prior to VRP review. Section 10.d.(2) of this NVIC contains further information on temporary waiver request submissions. Submission deadlines include:

(1) SMFF updates (February 22, 2011)

(2) Adding a vessel to an existing approved VRP (30 days in advance of operations)

(3) First time VRP submission (60 days in advance of operations)

(4) 5-year revisions (accepted between 180 and 90 days in advance of the plan expiration date) If you are submitting a waiver request and your vessel is due to call in the United States in less than 30 days from submission of the waiver request, it would be prudent to request interim operating authorization (IOA) in accordance with 33 CFR 155.1025(c)(1) for the VRP until the request has been reviewed.

The VRP Program (CG-5431) will issue an IOA for a temporary period of time when it is verified that the vessel owner or operator has submitted a temporary waiver request to the applicable COTP. e.

Alternative Planning Criteria Requests.

A request for alternative planning criteria (APC) may be made when the vessel owner or operator believes that SMFF planning criteria are inappropriate to the vessel for the area(s) in which it is intended to operate.

APC requests may be submitted at any time, but it is anticipated that waiver requests will be submitted as the first alternative with regard to SMFF resources, allowing time to work out standard response capability as described in reference (a).

Submission of a request for APC must be made 90 days before the vessel intends to operate under the proposed alternative, and forwarded to the COTP for the geographic area(s) affected.

In the case where APC will replace a temporary waiver from SMFF response timeframes, APC requests should be submitted no later than 90 days before the end of the applicable waiver period.

Approved APC requests must be submitted with the VRP and be attached to the applicable Geographic Specific Appendix (GSA). f.

Electronic Plan Submissions.

The Coast Guard has developed an optional Internet-based tool that provides the ability to submit VRPs electronically.

The new electronic VRP system includes the required SMFF revisions.

Using this system will significantly improve turnaround time for VRP approvals.

For more expedient processing VRPs including revisions, should be submitted electronically by using the VRP electronic submission tool located on the Coast Guard's Homeport website.

You may register to use the system by accessing the VRP section of Homeport located on the web at <https://homeport.uscg.mil>.

Follow registration instructions after you click the word "Register" in upper right corner of the webpage.

The Homeport pathway, Missions>Environmental>Vessel Response Plan Program, will enable you to find updated VRP Program information. g.

Vessel Owner / Operator Certification Statements.

The vessel owner or operator is required to include a certification statement when submitting or amending the VRP in accordance with 33 CFR 155.1065(b).

(1) Third party plan preparation companies may upload vessel owner or operator certification statements when they submit VRPs electronically.

(2) Vessel owners or operators may directly verify certification statements when they submit VRPs electronically.

(3) If VRPs are submitted in paper format, plan submitters should use CG Form "Application for Approval/Revision of Vessel Pollution Response Plans" (CG- 6083), which is located on the Coast Guard's Homeport website. This form is used in lieu of a cover letter to make initial application for plan submission and revision. The required certification statements are included within CG-6083. h. Approval Letters. When a VRP submission meets Coast Guard review standards, the Coast Guard will issue a letter stating that the VRP has been reviewed and approved to the most current applicable regulations.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — MAJOR PLAN REVISIONS FOR SMFF COMPLIANCE.

Recommendations for incorporating SMFF updates into the structure of the VRP are included in this section. Contracts and funding agreements, which are submitted along with the VRP, are discussed in section 13 of this NVIC. a. Shipboard Spill Mitigation Procedures. In accordance with 33 CFR 155.4035(a), the shipboard spill mitigation procedures section of VRPs prepared according to 33 CFR 155.1035(e) and 1045(c) must be provided to the SMFF resource providers listed in the VRP. No changes to this plan section are mandated by reference (a), just its distribution to the SMFF service providers. The distribution of shipboard spill mitigation procedures should be noted in the plan distribution section of your VRP. The shipboard spill mitigation procedures section of the VRP may be distributed in electronic format. There is no requirement for a statement of acceptability of this plan section are distributed in electronic format. By definition, this is a shipboard plan. The purpose of its distribution is to inform SMFF resource providers of how the vessel's crew plans to respond to contingencies aboard the vessel. b. Shore-Based Response Activities. SMFF resource providers must be integrated into the response organizations listed in VRPs in accordance with 33 CFR 155.4030(c). In accordance with 33 CFR 155.4030(d), the information contained in the VRP must be consistent with the applicable ACPs, regional response plans and the National Oil and Hazardous Substances Pollution Contingency Plan (reference

(c)). The VRP must indicate how SMFF resource providers will coordinate with other response resource providers, response organizations and Oil Spill Removal Organizations (OSROs). The VRP must indicate how SMFF resource providers will coordinate with public organizations that, by law, provide public assistance during SMFF response. It is recommended, but not required by reference (a), that the revised shore based response activities section of your VRP be provided to contracted SMFF service providers along with the shipboard spill mitigation procedures as discussed in Section 10.a. of this NVIC. c. Vessel Specific Appendices (VSA). In order to identify the proper resources to handle the risks associated with a particular vessel it is recommended that your VSAs provide the following additional vessel information in accordance with 33 CFR 155.4030(e), (f), and (g), §155.4035(b):

(1) Towing Capacity Required. Identify the proper characteristics, horsepower and bollard pull necessary to tow the vessel, in any condition of loading, in winds up to 40 knots.

(2) Transfer Capacity Required. State the size of the largest oil tank for the vessel.

(3) Extinguishing Agent Identification. State the appropriate firefighting extinguishing agent(s) to be provided by your resource provider to combat a fire involving your vessel's cargo, other contents and superstructure.

(4) Extinguishing Agent Quantity and Pumping Capacity Requirements. If the primary extinguishing agent is foam, sufficient quantities should be available from your resource provider to meet the criteria established in 33 CFR 155.4030(g). Calculate the amount of foam required and the pumping capacity necessary to enable application of at least 0.016 gallons of foam or water per minute per square foot of the deck area of the vessel for twenty minutes. You may use an alternate pumping rate to calculate the quantity of foam for spaces where this rate is not appropriate. The vessel owner or operator should ensure that the type(s) of foam identified are acceptable for use in U.S. waters. The calculations to determine the primary extinguishing agent quantity and pumping capacity to be made available from the resource provider should be made as follows: STEP 1. GALLONS PER MINUTE CALCULATION. Multiply the vessel's deck area in square feet times 0.016 gallons per minute (gpm) to yield the required amount of foam to be delivered per minute for this particular vessel. STEP 2. PRIMARY EXTINGUISHING AGENCY QUANTITY REQUIRED. Multiply the gallons per minute required by 20 minutes to calculate the minimum quantity of firefighting foam in gallons to be made available by the resource provider for this vessel. STEP 3. PUMPING CAPACITY REQUIREMENT. Multiply the quantity of foam required to be delivered in 20 minutes times 3 to find the delivery rate per hour (60 minutes). This is the gallons per hour of external pumping capacity that required for foam delivery to meet the requirements of reference

(a) for this vessel.

(5) Attach Vessel-Specific Pre-Fire Plans to the VRP. The marine firefighting pre-fire plan attached to the VRP must meet the requirements of National Fire Protection Association (NFPA) 1405 (2006) Chapter 9. If the vessel's pre-fire plan is one that meets another regulation, such as SOLAS (2009) Chapter II-2, Regulation 15; or international standard, a copy of that specific fire plan must also be given to the resource provider(s) instead of the NFPA 1405 pre-fire plan, and be attached to the VRP. Since these fire plans are vessel-specific, pre-fire plans should be attached to the corresponding VSA. It is permissible to attach pre-fire plans to the VRP by means of a CD or by uploading an electronic copy during electronic VRP submission as described in Section 9.f. Marine firefighting pre-fire plans may also be attached to the VRP by reference to a website that is accessible to, and allows the plan to be viewed, printed and downloaded by plan reviewers, response resource providers and other responders. Distribution of pre-fire plans to marine firefighting resource providers is mandatory and may be accomplished electronically. The distribution of pre- fire plans to primary marine firefighting resource providers should be noted in the distribution section of the VRP. Marine firefighting pre-fire plans must also be distributed to subcontracted marine firefighting organizations. (33 CFR 155.4035)

(6) Marine Firefighting (MFF) Resource Provider Certifications. The vessel owner or operator must obtain written certifications that the marine firefighting resource providers have received the pre-fire plan, find the plan acceptable, and agree to implement it to mitigate a potential or actual fire. See section 13.f.(2) of this NVIC. d. Geographic Specific Appendices (GSA). GSAs include COTP zone-specific contracted resource provider information and information about the availability of appropriate resources to meet the requirements of the vessels in the VRP that operate in that COTP zone. GSAs require the inclusion of new information in accordance with 33 CFR 155.4030(a)

(b) (e) (f) and (g), §155.4045(a) and (c), and §155.4050. Attachment 5 provides resource information in a format that may be useful for evaluating SMFF resource providers. Where there are resource gaps, GSAs will also include approved temporary waivers from the timeframe requirements of this rule, and any approved APC measures for the VRP in that COTP zone. See Section 8.d and .e, and Section 10.d.(2) and (3) of this NVIC.

(1) List of Required SMFF Services (Table 155.4030(b)).

(a) List of Contracted SMFF Resource Providers. Contracted SMFF resources must be identified in GSAs by service category, including company details, name of contact person, and method of contact. Primary resource provider(s) must be designated for each COTP Zone in which the vessel owner or operator operates. Multiple resource providers may be listed, but one (and only one) primary resource provider must be designated for every SMFF service. One resource provider may be designated for all services in a COTP Zone or any subset of those services. Only resource providers arranged by contract or other approved means may be listed in the plan.

(b) Resource Provider's Written Consent to be Listed in the VRP. Vessel owners or operators must obtain written consent from resource providers to be listed in the VRP, stating that the resource provider agrees to provide the services that are listed in 155.4030 (a) through (h), as applicable, and that these services are capable of arriving within the response times listed in Table 155.4030(b). This consent may be included in the contract or other approved means, or in a separate document. See section 13.f.(1) of this NVIC. The location of the written consent must be stated in the GSA. It must be on board the vessel or with a qualified individual located in the United States, and available to the USCG for inspection. Public marine firefighters may only be listed out to the maximum extent of their jurisdiction unless other agreements are in place.

(c) Required List of Emergency Towing Vessels. Vessel owners or operators must identify by name the contracted emergency towing vessels having proper characteristics, horsepower and bollard pull to tow their vessel(s) in any condition of loading, and capable of operating in winds up to 40 knots. These vessels must be able to meet the response timeframes listed in Table 155.4030(b). The listed emergency towing vessels should be geographically positioned to be readily available to assist a stricken vessel so it can be stabilized, controlled, or removed from a grounded position. At all times at least one of the identified towing vessels must be available and have the capacity to handle the largest vessel from the fleet plan that trades in a particular COTP Zone.

(d) Required External Pumping Capability. Emergency lightening and external transfer operations require appropriate pumps and sufficient capacity to offload a vessel's largest oil tank in 24 hours of continuous operation. The primary resource provider for emergency lightening and external transfers must be capable of providing the pumps and supporting equipment necessary to offload the largest oil tank identified in the vessels from the plan that will trade in the COTP Zone in 24 hours. Supporting equipment includes receiving capacity suitable for the type of cargo carried. For instance, a grounded barge carrying heated cargo oil may need not only adequate pumps, but also an appropriately sized and configured receiving barge in order to conduct emergency lightening. This service must be able to meet the response timeframes identified in Table 155.4030(b).

(e) Required Firefighting Extinguishing Agent Pumping Capability. The primary external fire fighting system resource provider identified in the GSA should be able to provide the extinguishing agent, pumps and supporting equipment necessary to pump the proper extinguishing agent(s) at the calculated delivery rate for the largest vessel from the VRP, and all vessels that will trade in the COTP Zone. The resource provider must be capable of providing these resources within the response timeframes listed in Table 155.4030(b).

(f) Required Subsurface Product Removal Capability. For vessels operating in waters of 40 feet or more, the primary resource provider for subsurface product removal must be able to provide the equipment necessary to provide subsurface product removal capability to the maximum depth the vessel operates in the COTP Zone up to 150 feet, within the response timeframes identified in Table 155.4030(b). If the operating area of all vessels that are listed in the COTP Zone is never more than 40 feet deep, state in the geographical specific appendix (GSA) that subsurface product removal capability is not required for that reason. The Army Corps of Engineers maintains inland waterway navigational charts which may be found through their website: http://www.agc.army.mil/echarts/inlandnav/.

(2) Waivers and resource availability. There is a provision for obtaining a temporary waiver of a specific time requirement if the vessel owner or operator is unable to identify a resource provider who can meet the response timeframe. Emergency lightening is not subject to the temporary waiver provisions of this rule. Table 155.4055(g) gives the maximum waiver time periods, in years, for each of the SMFF services. The information required in a temporary waiver submission includes: COTP Zone; operating environment; salvage or marine firefighting service; response time; reason for inability to meet the time requirements; proposed solution to correct shortfall; time needed to put proposed solution in place; and interim arrangements made to provide the required resources and estimated response times. COTPs will be the first to evaluate temporary waiver requests from industry when industry indicates that there are insufficient resources, or that available resources are unable to meet the response timeframes for a geographic area. COTP comments will be sent via the Area and District to Coast Guard Headquarters for final temporary waiver approval or denial. Section 8.d. provides guidance on submission of temporary waiver requests. . Approved temporary waivers from specific SMFF response timeframes should be attached to the GSA. They may be attached by including a copy in the GSA, or by uploading the approval into the electronic VRP submission. There is no provision for automatic renewals of these one-time waivers after the expiration date.

(3) Alternative planning criteria. 33 CFR 155.1065(f) allows vessel owners and operators to submit an APC proposal when they believe the national planning criteria contained in Part 155 is inappropriate for the operating area of their vessels. Attachment 4 is a job aid that outlines procedures vessel owners or operators may follow to request acceptance of APC. Approved APC should be attached to the GSA by including a copy in the GSA, or by reference to the Area Contingency Plan when the APC is applicable to multiple vessels in the COTP zone and made available through that document. Section 9.e. of this NVIC provides additional APC information. e. Drills and Exercises. Section 155.4052 describes required SMFF drills and exercises. It is expected that reference (d) will be updated with full descriptions of the SMFF exercise requirements prior to the compliance date for this rule. Compliance with PREP satisfies the drills and exercises component of this rule.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — RESPONSE TIMEFRAME REQUIREMENTS.

Reference (a) establishes how quickly planned SMFF resources should be capable of arriving on scene. Acceptable resource providers are capable of responding in the response timeframes established in Table 155.4030(b) or contained in approved temporary waivers. a. Response Timeframes provide Planning Standards. Appropriate SMFF resources for each of the required SMFF services listed in Table 155.4030(b) should not only be identified, but positioned for timely response to incidents up to and including the worst case discharge. When a contract is in place with a vessel owner or operator, resource providers agree that they are capable of and intend to commit to meeting the planning requirement, including the associated response timeframes. The response timeframes listed in reference (a) are planning criteria, not performance standards. (33 CFR 155.4010) b. Response Timeframes Vary with Operating Areas. Reference (a) provides response timeframes for applicable continental United States (CONUS) and outside continental United States (OCONUS) operating areas in Table 155.4030(b). c. CONUS Operating Areas. The CONUS nearshore category encompasses Great Lakes, the inland area and the nearshore area, as defined in 33 CFR 155.4025. The CONUS offshore category encompasses the offshore area as defined in 33 CFR 155.4025. The regulation definitions of Great Lakes, inland area, nearshore area and offshore area operating areas can be found in the Glossary attached to this NVIC. These operating areas apply to both salvage services and marine firefighting services for resource planning purposes. The pier operating area is unique to the SMFF regulation and applies only to MFF services. A discussion of the pier operating area is found in Section 10.e, below. The open ocean operating area used in the OSRO classification system (reference

(e)) is the area extending from 50 miles to 200 miles offshore.

This rule does not establish response timeframe requirements for the open ocean operating areas. d.

OCONUS COTP City Operating Areas.

The inner operating area for OCONUS COTP Cities extends from a point in the harbor to 12 miles.

The outer operating area for OCONUS COTP Cities extends from 12 miles to 50 miles from the same point in the harbor.

COTP City COTP Zone JUNEAU Southeast Alaska Lat/Long 58.3 N, 134.4 W VALDEZ Prince William Sound Lat/Long 61.1 N, 146.37 W ANCHORAGE Western Alaska Lat/Long 61-14.30 N, 149-53.40 W HONOLULU Hawaii Lat/Long 21-18.4 N, 157-52.4 W PITI GUAM Commonwealth of the Northern Marianas Lat/Long 13-25.21 N, 144-39.48 W SAN JUAN Commonwealth of Puerto Rico AND United States Virgin Islands Lat/Long 18-27.35 N, 066-07.00 W Stakeholders should refer to the applicable ACP for specific OCONUS COTP City operating area information.

The ACP may define how the 12 and 50 miles are measured for the COTP Zone: either radiating from the identified point or via a specified track from point to point, which might be more practical when there is a convoluted river within the range. e.

CONUS and OCONUS Pier Operating Areas.

The pier response operating area is only pertinent for planning MFF response, and not for planning salvage response.

The location of the pier operating area is the dock, or pier, where the vessel is berthed.

For vessels calling at any CONUS pier, or an OCONUS pier within 50 miles of a COTP city, the planholder must list the pier location by facility name or city in the corresponding GSA in accordance with 33 CFR 4040(d)(2).

It is acceptable to plan for MFF resources which can provide timely response to identified shoreline segments instead of specific piers.

A 10-mile segment length is recommended.

The MFF resources contracted for each segment must be able to meet the response timeframes for pier firefighting response for every pier in the defined segment.

This resource planning method is intended to facilitate adding additional piers to the VRP.

When a new pier within an approved segment is added as a vessel's port of call, the vessel owner or operator may batch the additional pier identification into a periodic VRP revision, without a requirement to add each new pier to the VRP separately, since appropriate MFF resources have already been identified for the shoreline segment containing the pier.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — RESOURCE PROVIDER ADEQUACY.

In addition to availability to respond in a timely manner, reference (a) provides criteria for determining the adequacy of SMFF resources. The attachments to this NVIC, including Attachments 3, Frequently Asked Questions, and 5, Evaluation of Salvage & Marine Firefighting Services are intended to aid the vessel owner or operator select adequate resource providers to mitigate the risks associated with their vessel(s). a. Resource Provider Adequacy Determination. The vessel owner or operator must determine whether or not a resource provider can adequately provide the needed capabilities. This should include detailed dialogue and investigation by the vessel owner or operator. b. SMFF Resource Selection Criteria. The regulation provides 15 primary resource provider selection criteria in 155.4050(b). The vessel owner or operator is responsible to determine and certify the adequacy of the SMFF resource providers cited in their plan based on their meeting these criteria to the maximum extent possible. See section 12 of this NVIC. Information about SMFF services found in the ACP or other area and regional plans may provide a link to resource providers' information or documentation with respect to the 15 selection criteria.

Guidance for the Implementation and Enforcement of the Salvage and Marine Firefighting Regulations for Vessel Response Plans — CONTRACTS WITH FUNDING AGREEMENTS, AND OTHER

CERTIFICATIONS. a. Submission of Contracts and Funding Agreements. Contracts and funding agreements between vessel owners or operators and resource providers must be submitted along with the VRP, but need not be included as part of the VRP. Contracts and funding agreements may be submitted electronically if the VRP is submitted electronically. Contracts and funding agreements must be signed by both parties at the time of submission. Contracts and funding agreements between primary resource providers and their subcontractors need not be submitted, but the Coast Guard reserves the right to view them at any time. b. Contracts or Other Approved Means. Contracts or other approved means must be any one of the following: a written agreement between a vessel owner or operator and a resource provider stating the resource provider is capable of and intends to commit to meeting the plan requirements; written certification that the required personnel, equipment and capabilities are available and under the vessel owner or operator's direct control, in which case they do not need to contract with a resource provider, or; an alternative approved by the Coast Guard Commandant, Director of Prevention Policy (CG-54) and submitted in accordance with 33 CFR 155.1065(f). As part of the contract or other approved means you must develop and sign, with your resource provider, a written funding agreement. This funding agreement is to ensure that salvage and marine firefighting responses are not delayed due to funding negotiations. The funding agreement must include a statement of how long the agreement remains in effect, and must be provided to the Coast Guard for VRP approval. In addition any written agreement with a public resource provider must be included in the planholder's Vessel Response Plan. (Ref. (a)) c. Funding agreements. A funding agreement is an agreement between a resource provider and a planholder that identifies agreed-upon rates for specific equipment and services to be made available by the resource provider under the agreement. The funding agreement is to ensure that salvage and marine firefighting responses are not delayed due to funding negotiations. This agreement must be part of the