NVIC 03-04: Marine pollution emergency plans for noxious liquids

COMDTPUB P16700.4 NVIC 0 3 0 4 7 JANUARY 2004 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 0 3 0 4 Subj: GUIDANCE FOR THE DEVELOPMENT OF SHIPBOARD MARINE POLLUTION EMERGENCY PLANS FOR NOXIOUS LIQUID SUBSTANCES PURSUANT TO REGULATION 16 OF ANNEX II OF THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS (MARPOL 73/78) ON U.S. FLAG VESSELS AND COMPLIANCE DETERMINATIONS ON FOREIGN FLAG VESSELS

Guidance for the development of shipboard marine pollution emergency plans for noxious liquid substances pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. flag vessels and compliance determinations on foreign flag — PURPOSE.

a. This circular notifies the shipping industry of the interim procedures adopted by the U.S. for demonstrating compliance with the requirements of Regulation 16 of Annex II of MARPOL 73/78, which became effective on January 1, 2003. These include guidelines for preparation of Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances required for certain vessels, for approval of those plans by the U.S. Coast Guard, and for making approved plans available for review by any port State which is signatory to this MARPOL 73/78 annex visited by the vessel. This circular also provides guidance for determining compliance with Regulation 16 by foreign flag vessels. This circular will remain effective until the publication of a final rule implementing Regulation 16 of Annex II in Title 33, Code of Federal Regulations, Part 151, but shall not exceed two years from the promulgation date of this circular. b. This guidance allows for the submission and approval of one response plan to meet the requirements of the Vessel Response Plans required by the Oil Pollution Act of 1990 (OPA 90), Shipboard Oil Pollution Emergency Plans (SOPEPs) required by regulation 26 of Annex I of MARPOL 73/78, Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances (SMPEP-NLS), or Shipboard Marine Pollution Emergency Plans (SMPEPs) required by regulation 16 of Annex II of MARPOL 73/78. c. 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 of general applicability. Thus, it is not intended to nor does it impose legally binding requirements on any party, including the Coast Guard, other federal agencies, the state or regulated community.

Guidance for the development of shipboard marine pollution emergency plans for noxious liquid substances pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. flag vessels and compliance determinations on foreign flag — ACTION.

a. Vessel owners and operators may use this circular as guidance for preparation of hazardous substance emergency response plans for approval by the U.S. Coast Guard, and for making approved plans available for review by any port State which is signatory to this MARPOL 73/78 annex visited by the vessel. b. Port State Control (PSC) personnel should use the guidance in enclosure (2) when conducting PSC exams on vessels required to have a SMPEP-NLS. Officers-in-Charge, Marine Inspection (OCMIs) should also bring this circular to the attention of the appropriate people in the maritime industry within their zones. d. This circular is available on the World Wide Web at http://www.uscg.mil/hq/g-m/nvic/. Within the Coast Guard, it will be distributed by electronic means only.

Guidance for the development of shipboard marine pollution emergency plans for noxious liquid substances pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. flag vessels and compliance determinations on foreign flag — DIRECTIVES AFFECTED. None.

DIRECTIVES AFFECTED. None.

Guidance for the development of shipboard marine pollution emergency plans for noxious liquid substances pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. flag vessels and compliance determinations on foreign flag — BACKGROUND.

a. The Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO) adopted Regulation 16 to Annex II of MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, relating thereto) at its 44th session in March 2000. Regulation 16 requires that every ship of 150 gross tons and above certified to transport noxious liquid substances in bulk carry on board a SMPEP-NLS approved by its flag State. This requirement entered into force on January 1, 2003. The Act to Prevent Pollution from Ships, Title 33 United States Code, Section 1901 et seq., mandates that the U.S. Coast Guard issue regulations and oversee compliance with the provisions of MARPOL 73/78 by U.S. vessels wherever they may operate and by foreign vessels operating in U.S. waters. b. A ship whose flag State is signatory to Regulation 16 of Annex II may be required to produce for inspection a flag State approved plan before or during a port call to a port State that is also signatory to the regulation. Therefore, U.S. ships to which Regulation 16 applies may face delays or detention if they do not carry an approved plan on board. c. On March 22, 1999, the Coast Guard issued a Notice of Proposed Rulemaking (NPRM), which provides guidelines for the preparation and submission of vessel hazardous substance response plans under OPA 90. That NPRM did not address the submission of plans that meet the requirements of both MARPOL 73/78 and OPA 90. However, it is anticipated that the final rule will follow the precedence set in the vessel response plans for oil, that is it will allow for the submission and approval of a single plan that meets requirements of both sets of regulations. As noted below, the requirements for hazardous substance emergency plans covered by this guidance differ in some respects from the requirements currently proposed for hazardous substance response plans for vessels under OPA 90. Some of the significant differences between the two regulations include the following:

(1) The proposed regulations in the OPA 90 NPRM apply to any tank vessel, regardless of size, that is certified to carry certain hazardous substances as cargo in bulk; while Regulation 16 of Annex II to MARPOL 73/78 applies to any ship of 150 gross tons and above certified to carry noxious liquid substances in bulk.

(2) The NPRM only requires planning for response to a release or substantial threat of a release of a hazardous substance listed in the Federal Water Pollution Control Act (FWPCA) and carried in bulk as cargo or cargo residue. This includes any isomers and hydrates, as well as any mixtures and solutions that contain 10% or more hazardous substance, by weight. Regulation 16 requires planning for releases of any noxious liquid substances as defined in Regulation 16 of Annex II of the Convention carried in bulk, whether or not it is carried as cargo.

(3) The NPRM requires a geographic-specific appendix listing contacts and response resources for all U.S. ports of call, while Regulation 16 requires the creation and maintenance of a list of contacts at all regularly visited ports worldwide; and

(4) The NPRM requires formal procedures and agreements for spill notification and clean up, while Regulation 16 requires plans to address shipboard procedures to contain a release and a point of contact for coordinating response action with shore-based authorities. d. In keeping with the spirit of Title 33, Code of Federal Regulations, Part 155.1065(g), the Coast Guard will accept and approve one response plan that meets the following requirements of OPA 90 and MARPOL 73/78:

(1) Title 33 Code of Federal Regulations, Part 155.1065(g) allows owners or operators of U.S. flag vessel to merge Vessel Response Plans (VRPs) required by OPA-90 with the Shipboard Oil Pollution Emergency Plans (SOPEPs) required by Regulation 26 of Annex I of MARPOL 73/78; and

(2) Similarly, MARPOL 73/78 allows the merger of SOPEPs required by Regulation 26 of Annex I, with the SMPEP-NLSs required by Regulation 16 of Annex II. These combined plans are referred to as SMPEPs.

Guidance for the development of shipboard marine pollution emergency plans for noxious liquid substances pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. flag vessels and compliance determinations on foreign flag — DISCUSSION.

a. Regulation 16 applies to each ship of 150 gross tons or greater as defined in 33 CFR 151, certified to carry NLS in bulk, and that must comply with Annex I, II, or V of MARPOL 73/78 unless otherwise indicated. This includes each ship that:

(1) Is operated under the authority of the U.S. and engages in international voyages;

(2) Is operated under the authority of the U.S. and is certificated for ocean service;

(3) Is operated under the authority of the U.S. and is certificated for coastwise service beyond three nautical miles from land;

(4) Is operated under the authority of the U.S. and operates at any time seaward of the outermost boundary of the territorial sea of the U.S. as defined in 33 CFR 2.05-10; or

(5) Is operated under the authority of a country other than the U.S. while in the navigable waters of the U.S., or while at a port or terminal under the jurisdiction of the U.S. b. According to 33 CFR 151, a Canadian or U.S. ship, operated exclusively on the Great Lakes of North America or their connecting and tributary waters, or exclusively on the internal waters of the U.S. or Canada; is not an "oceangoing" ship. Therefore, Regulation 16 does not apply to these vessels. Warships, naval auxiliary, or other ship owned or operated by a country when engaged in noncommercial service and any other ship specifically excluded by MARPOL 73/78 are also exempt. c. Regulation 16 requires that plans be prepared according to guidelines developed by IMO and be written in the working language of the master and officers. Plans must at a minimum contain:

(1) The procedures to be followed by the master or other persons having charge of the ship to report a noxious liquid substance pollution incident as required in, article 8 and Protocol I of MARPOL 73/78, based on Guidelines for the Development of Shipboard Marine Pollution Emergency Plans for Oil and/or Noxious Liquid Substances (enclosure (1)), developed by IMO;

(2) The list of authorities or persons at all regularly visited ports worldwide to be contacted in the event of a noxious liquid substance pollution incident;

(3) A detailed description of the actions to be taken immediately by persons on board to reduce or control the release of noxious liquid substance following the incident; and

(4) The procedures and point of contact on the ship for coordinating shipboard activities with national and local authorities in combating noxious liquid substance pollution. d. In March 2000, the 44th session of MEPC adopted guidelines for plan preparation as required by Regulation 16. Enclosure (1) to this circular provides guidance on the preparation of plans in accordance with MEPC guidance. The guidelines expand on the four mandatory provisions listed above, and also address the following non-mandatory provisions:

(1) Plans and diagrams;

(2) Ship-carried response equipment and training;

(3) Shore-side spill response coordinator or qualified individual;

(4) Potential NLS spill response contractors;

(5) Planning standards;

(6) Public affairs;

(7) Record keeping;

(8) Plan review;

(9) Plan testing; and

(10) Salvage. e. The U.S. and all other states that are party to Annex II must define specific plan requirements and approval procedures in accordance with the mandatory provisions listed above. Specific guidance on what U.S. flag vessels must provide in the plan is provided in enclosure (1).

Guidance for the development of shipboard marine pollution emergency plans for noxious liquid substances pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. flag vessels and compliance determinations on foreign flag — IMPLEMENTATION.

a. Owners and operators of U.S. flag vessels meeting the gross tonnage provisions of Regulation 16 are encouraged to prepare SMPEPs at the earliest opportunity. The plans should address at least all the mandatory provisions listed in paragraph 5.d. b. Owners and operators of U.S. flag vessels should submit completed plans to the Coast Guard at the following address: Commandant (G-MOR-2) U.S. Coast Guard Room 2100 2100 Second Street S.W. Washington, DC 20593-0001 c. The Coast Guard will review plans, provide owners or operators with advisory opinions regarding compliance with Regulation 16 of the Convention and issue an approval letter, when appropriate. Any necessary changes to this approval process because of implementing regulations will be announced in the Federal Register and/or changes to this NVIC.

(1) Plan holders should expect completion of Coast Guard review and approval or return for amendment within 3 months of submission.

(2) Plans may be issued provisional approvals by the Coast Guard pending completion of satisfactory review if it is anticipated that the comprehensive review will not be completed within 3 months of submission.

(3) Because the Coast Guard does not maintain SOPEPs, holders who already have an approved SOPEP under Annex I of MARPOL 73/78 must submit a complete new or revised plan with the appropriate updates or may submit separate SMPEP-NLS.

(4) Because the Coast Guard does maintain VRP/SOPEP combined plans, plan holders who already have an approved VRP/SOPEP combined plan may submit appropriate updates to those plans rather than submitting separate SMPEP-NLS. d. U.S. vessels operating in foreign waters, without a Coast Guard approved plan, may be denied entry to or detained in a foreign port that is signatory to Regulation 16 until an approved plan can be presented to that port State. e. A foreign flag vessel calling on a U.S. port should be asked to provide an approved plan upon arrival and in all cases before cargo operations. Failure to do so could result in denial of entry, detention until an approved plan can be provided, or delays in cargo operations. See enclosure (2) for guidance on PSC enforcement. T. H. GILMOUR Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety, Security and Environmental Protection Encl: (1) Resolution MEPC.85(44), Guidelines for the Development of the Hazardous Substance Shipboard Oil Pollution Emergency Plan

(2) Guidance for Compliance Determination by Foreign Flag Vessels Non-Standard Distribution: ABS (260) NOAA Fleet Inspection Officer (1) U.S.

Merchant Marine Academy (1) --- Encl: (1) to NVIC 0 3 0 4 MEPC 44/20 ANNEX 7 RESOLUTION MEPC.85(44) adopted on 13 March 2000 GUIDELINES FOR THE DEVELOPMENT OF SHIPBOARD MARINE POLLUTION EMERGENCY PLANS FOR OIL AND/OR NOXIOUS LIQUID SUBSTANCES THE MARINE ENVIRONMENT PROTECTION COMMITTEE, RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the function of the Committee, NOTING that regulation 26 of Annex I and regulation 16 of Annex II of MARPOL 73/78 require ships to carry a shipboard oil pollution emergency plan, a shipboard pollution emergency plan for noxious liquid substances and/or a shipboard marine pollution emergency plan in accordance with the Guidelines developed by the Organization, RECOGNIZING the urgent need for developing such Guidelines in order to ensure uniform application of these regulations, HAVING CONSIDERED at its thirty-second session proposals for the Guidelines for the development of shipboard oil pollution emergency plans and at its forty-fourth session further proposals for Guidelines for the development of shipboard marine pollution emergency plans for oil and/or noxious liquid substances, 1.

ADOPTS the Guidelines for the development of the shipboard marine pollution emergency plans for oil and/or noxious liquid substances, the text of which is set out at the annex to the present resolution; 2.

URGES Governments to ensure that the shipboard oil pollution emergency plans, the shipboard marine pollution emergency plans for noxious liquid substances and/or the shipboard marine pollution emergency plan are developed in accordance with these Guidelines when approving them under the provisions of regulation 26 of Annex I and/or regulation 16 of Annex II of MARPOL 73/78, pending their entry into force. --- Encl: (1) to NVIC 0 3 0 4 MEPC 44/20 ANNEX 7 Page 2 GUIDELINES FOR THE DEVELOPMENT OF SHIPBOARD MARINE POLLUTION EMERGENCY PLANS FOR OIL AND/OR NOXIOUS LIQUID SUBSTANCES 1 INTRODUCTION 1.1 These Guidelines have been developed to assist with the preparation of shipboard oil pollution emergency plans, shipboard marine pollution emergency plans for noxious liquid substances and/or a shipboard marine pollution emergency plan (herafter referred to as the "Plan(s)") that are required by regulation 26 of Annex I and/or regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) (herafter referred to as the "Convention").

The Plan (s) must be approved in accordance with these regulations. 1.2 The Guidelines are comprised of three primary sections: .1 Introduction: This section provides a general overview of the subject-matter and introduces the reader to the basic concept of the Guidelines and the Plans that are expected to be developed from them. .2 Mandatory provisions: This section provides guidance to ensure that the mandatory provisions of regulation 26 of Annex I and regulation 16 of Annex II of the Convention are met. .3 Non-mandatory provisions: This section provides guidance concerning the inclusion of other information in the Plan.

This information, although not required under regulation 26 of Annex I and regulation 16 of Annex II of the Convention, may be required by local authorities in ports visited by the ship, or it may be added to provide additional assistance to the ship's master when responding to an emergency situation.

This section also provides guidance on updating and exercising of the Plan. 1.3 Concept of the Guidelines: The Guidelines are intended to provide a starting point for the preparation of the Plans for specific ships.

The broad spectrum of ship type for which Plans are required makes it impractical to provide specific guidelines for each ship type.

Plan writers are cautioned that they must consider in their Plans the many variables that apply to their ships.

A key of these variables include type and size of ship, cargo, cargo's physical properties (applicable only to ships certified to carry noxious liquid substances (NLSs) in bulk as defined in regulation 16 of Annex II of the Convention.

Hereafter referred to as "ships certified to carry NLSs"), route, and shore-based management structure.

The Guidelines are not intended to be a compilation of a menu from which Plans are required to select certain sections and produce a workable Plan.

For a Plan to be effective and to comply with regulation 26 of Annex I and/or regulation 16 of Annex II of the Convention, it must be carefully tailored to the particular ship for which it is intended.

Properly used, the Guidelines will ensure that all appropriate issues are considered in developing the Plan. 1.4 Concept of the Plan: The Plan is available to assist personnel in dealing with an unexpected discharge of oil or other noxious liquid substance.

Its primary purpose is to set in motion the necessary actions to stop or minimize the discharge and to mitigate its effects.

Effective planning ensures that the necessary actions are taken in a structured, logical, safe and timely manner. 1.4.1 The Plan must go beyond providing for operational spills.

It must include guidance to assist the master in meeting the demands of a catastrophic discharge, should the ship become involved in one. 1.4.2 The need for a predetermined and properly structured Plan is clear when one considers the pressures and multiple tasks facing personnel confronted with an emergency situation.

In the heat of the moment, lack of planning will often result in confusion, mistakes, and failure to advise key people.

Delays will be incurred and time will be wasted; time during which the situation may well worsen.

As a consequence, the ship and its personnel may be exposed to increasing hazards and greater environmental damage may occur. 1.4.3 For the Plan to accomplish its purpose, it must be: .1 realistic, practical, and easy to use; .2 understood by ship management personnel, both on board and ashore; and .3 evaluated, reviewed, and updated regularly. 1.4.4 The Plans envisioned by regulation 26 of Annex I and/or regulation 16 of Annex II of the Convention are intended to be simple documents.

Use of summarizing flowcharts or checklists to guide the master through the various actions and decisions required during an incident response is highly encouraged.

These can provide a quickly visible and logically sequenced form of information which can reduce error and oversight during emergency situations.

Inclusion of extensive background information on the ship, cargo, etc., should be avoided as this is generally available elsewhere.

If such information is relevant, it should be kept in annexes where it will not dilute the ability of ship's personnel to locate operative parts of the Plan. 1.4.5 An example of a summarizing flowchart referred to in paragraph 1.4.4 is included in the Example Format for a Shipboard Marine Pollution Emergency Plan at appendix II. 1.4.6 The Plan is likely to be a document used on board by the master and officers of the ship.

It must therefore be available in a working language or languages understood by the master and officers.

A change in the master and officers which brings about an attendant change in their working language or languages understood would require the issuance of the Plan in the new language(s). 1.4.7 The Plan should clearly underline the following: "Without interfering with ship owners' liability, some coastal States consider that it is their responsibility to define techniques and means to be taken against a marine pollution incident and approve such operations which might cause further pollution, i.e. lightening.

States are in general entitled to do so under the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (1969 Intervention Convention) and the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973 (1973 Intervention Protocol)." 2 MANDATORY PROVISIONS OF REGULATION 26 OF ANNEX I AND REGULATION 16 OF ANNEX II TO THE CONVENTION 2.1 This section provides individual guidelines for each of the four mandatory provisions of regulation 26 of Annex I and regulation 16 of Annex II of the Convention. 2.2 Regulation 26 of Annex I and regulation 16 of Annex II of the Convention provide that the Plan shall consist at least of: "(a) the procedure to be followed by the master or other persons having charge of the ship to report an oil or noxious liquid substance pollution incident, as required in article 8 and Protocol I of the present Convention, based on Guidelines developed by the Organization'; "(b) the list of authorities or persons to be contacted in the event of an oil or noxious liquid substance pollution incident; "(c) a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil or noxious liquid substance following the incident; and "(d) the procedures and point of contact on the ship for co-ordinating shipboard activities with national and local authorities in combating oil or noxious liquid substance pollution." 2.3 The coastal State report: Article 8 and Protocol I of the Convention require that the nearest coastal State be notified of actual or probable discharges.

The intent of this requirement is to ensure that coastal States are informed without delay, of any incident giving rise to pollution, or threat of pollution, of the marine environment, as well as of assistance and salvage measures, so that appropriate action may be taken. 2.3.1 When required: The Plan should provide clear, concise guidance to enable the master to determine when a report to the coastal State is required. 2.3.1.1 Actual discharge: A report to the nearest coastal State is required whenever there is: .1 a discharge above the permitted level of oil or noxious liquid substance for whatever reason including those for the purpose of securing the safety of the ship or saving life at sea; or .2 a discharge during the operation of the ship of oil or noxious liquid substance in excess of the quantity or instantaneous rate permitted under the present Convention`. 2.3.1.2 Probable discharge: The Plan should give the master guidance to evaluate a situation which, though not involving an actual discharge, would qualify as a probable discharge and thus require a report.

In judging whether there is such a probability and whether the report should be made, the following factors, as a minimum, should be taken into account: .1 the nature of the damage, failure or breakdown of the ship, machinery or equipment; .2 ship location and proximity to land or other navigational hazards; .3 weather, tide, current and sea state; and .4 traffic density. 2.3.1.3 It is impracticable to lay down precise definitions of all types of situations involving probable discharge which would warrant an obligation to report.

As a general guideline, the master should make a report in cases of: .1 damage, failure or breakdown which affects the safety of ships; examples of such situations are collision, grounding, fire, explosion, structural failure, flooding, cargo shifting; and .2 failure or breakdown of machinery or equipment which results in impairment of the safety of navigation; examples of such incidents are failure or breakdown of steering gear, propulsion, electrical generating system, essential shipborne navigational aids. 2.3.2 Information required: The Plan must specify, in appropriate detail, the procedure for making the initial report to the coastal State.

The Organization's Guidelines in resolution A.648(16) provide necessary detail for the Plan writer.

The Plan should include a prepared message form, an example of which is included at appendix II to these Guidelines.

Coastal States are encouraged to take note of table 1 of appendix II and accept this as sufficient initial information.

Supplementary or follow-up reports should as far as possible use the same format. 2.4 List of persons to be contacted 2.4.1 The ship involved in an oil or noxious liquid substance pollution incident will have to communicate with both coastal State or port contacts and ship interest contacts. 2.4.2 When compiling contact lists, due account must be taken of the need to provide 24-hour contact information and to provide alternates to the designated contact.

These details must be routinely updated to take account of personnel changes and changes in telephone, telex, and telefax numbers.

Clear guidance should also be provided regarding the preferred means of communication (telex, telephone/telefax, etc.). 2.4.3 Coastal State contacts 2.4.3.1 In order to expedite response and minimize damage from an oil or noxious liquid substance pollution incident, it is essential that appropriate coastal States should be notified without delay.

This process is begun with the initial report as required by article 8 and Protocol I of the Convention.

Guidelines for making this report are provided in section 2.3. 2.4.3.2 The Plan should include as an appendix the list of agencies or officials of administrations responsible for receiving and processing reports as developed and updated by the Organization in conformance with article 8 of the Convention.

In the absence of a listed focal point, or should any undue delay be experienced in contacting the responsible authority by direct means, the master should be advised to contact the nearest coastal radio station, designated ship movement reporting station or rescue co-ordination centre (RCC) by the quickest available means. 2.4.4 Port contacts 2.4.4.1 For ships in port, notification of local agencies will speed response.

The variety of trades in which ships engage makes it impractical to specify in these Guidelines a definitive approach to listing these agencies in the Plan.

Information on regularly visited ports should be included as an appendix to the Plan.

Where this is not feasible, the Plan should require the master to obtain details concerning local reporting procedures upon arriving in port. 2.4.5 Ship interest contacts 2.4.5.1 The Plan should provide details of all parties with an interest in the ship to be advised in the event of an incident.

This information should be provided in the form of a contact list.

When compiling such lists, it should be remembered that in the event of a serious incident, ship's personnel will be fully engaged in saving life and taking steps to control and minimize the effects of the casualty.

They should therefore not be hampered by having onerous communications requirements imposed on them. 2.4.5.2 Procedures will vary between companies but it is important that the Plan clearly specifies who will be responsible for informing the various interested parties such as cargo owners, insurers and salvage interests.

It is also essential that both the ship's Plan and its company's shoreside Plan are co-ordinated to guarantee that all parties having an interest are advised and that duplication of reports is avoided. 2.5 Steps to control discharge 2.5.1 Ship personnel will almost always be in the best position to take quick action to mitigate or control the discharge of oil or noxious liquid substance from their ship.

The Plan should provide the master with clear guidance on how to accomplish this mitigation for a variety of situations.

The Plan should not only outline action to be taken, but it should also identify who on board is responsible so that confusion during the emergency can be avoided. 2.5.2 This section of the Plan will vary widely from ship to ship.

Differences in ship type, construction, cargo, equipment, manning, and even route may result in shifting emphasis being placed on various aspects of this section.

As a minimum, the Plan should provide the master with guidance to address the following: .1 Operational spills: The Plan should outline the procedures for safe removal of oil or noxious liquid substance spilled and contained on deck.

This may be through the use of on-board resources or by hiring a clean-up company.

In either case the Plan should provide guidance to ensure proper disposal of removed oil, noxious liquid substances and clean-up materials. .1.1 Pipe leakage: The Plan should provide specific guidance for dealing with pipe leakage. .1.2 Tank overflow: Procedures for dealing with tank overflows should be included.

Alternatives such as lowering cargo or bunkers back to empty or slack tanks or readying pumps to transfer the excess ashore should be outlined. .1.3 Hull leakage: The Plan should provide guidance for responding to spillage due to suspected hull leakage.

This may involve guidance on measures to be taken to reduce the head of cargo in the tank involved either by internal transfer or discharge ashore.

Procedures to handle situations where it is not possible to identify the specific tank from which leakage is occurring should also be provided.

Procedures for dealing with suspected hull fractures should be included and they should carry appropriate cautions regarding attention to the effect corrective actions may have on hull stress and stability. .2 Spills resulting from casualties: Casualties should be treated in the Plan as a separate section.

The Plan should include various checklists or other means which will ensure that the master considers all appropriate factors when addressing the specific casualty7.

These checklists must be tailored to the specific ship and to the specific product or product types.

Especially for the ships certified to carry NLSs, the checklists or other means (e.g., "Characteristics of Liquid Chemicals Proposed for Marine Transport in Bulk" (Data Sheet), should identify physical properties, special equipment or unusual response techniques in a format consistent with the requirements of section 1.4.4 of these Guidelines.

Reference may be made to Data Sheet or similar documents that identify characteristics of NLS.

A copy of such document should be kept with the plan, but need not be part of the approved plan.

In addition to the checklists, specific personnel assignments for anticipated tasks must be identified.

Reference to existing fire control plans and muster lists is sufficient to identify personnel responsibilities.

The following are examples of casualties which should be considered: .2.1 grounding; .2.2 fire/explosion; .2.3 collision (with fixed or moving object); .2.4 hull failure; .2.5 excessive list; .2.6 containment system failure; .2.7 dangerous reactions of cargo (for ships certified to carry NLSs); .2.8 other dangerous cargo release (for ships certified to carry NLSs); and .2.9 loss of tank environmental control (for ships certified to carry NLSs). .2.10 submerged/foundered; .2.11 wrecked/stranded; and .2.12 cargo contamination yielding a hazardous condition (for ships certified to carry NLSs); and .2.13 hazardous vapour release. 2.5.3 In addition to the checklists and personnel duty assignments mentioned in paragraph 2.5.2, the Plan should provide the master with guidance concerning priority actions, stability and stress considerations, lightening and mitigating activities. 2.5.3.1 Priority actions: This section provides some general considerations that apply to a wide range of casualties.

The Plan should provide ship-specific guidance to the master concerning these broad topics. .1 In responding to a casualty, the master's priority will be to ensure the safety of personnel and the ship and to take action to prevent escalation of the incident.

In casualties involving spills, immediate consideration should be given to the ship and aimed at preventing fire, personnel exposure to toxic vapours, and explosion, such as altering course so that the ship is upwind of the spilled cargo, shutting down non-essential air intakes, etc.

If the ship is aground, and cannot therefore manoeuvre, all possible sources of ignition should be eliminated and action should be taken to prevent toxic vapours or flammable vapours entering accommodation and engine-room spaces.

When it is possible to manoeuvre, the master, in conjunction with the appropriate shore authorities, may consider moving his ship to a more suitable location in order, for example, to facilitate emergency repair work or lighten operations, or to reduce the threat posed to any particularly sensitive shoreline areas.

Such manoeuvring may be subject to coastal State jurisdiction (see paragraph 1.4.7). .2 Prior to considering remedial action, the master will need to obtain detailed information on the damage sustained by his ship.

A visual inspection should be carried out and all cargo tanks, bunker tanks, and other compartments should be sounded.

Due regard should be paid to the indiscriminate opening of ullage plugs or sighting ports, especially when the ship is aground, as loss of buoyancy could result. .3 Having assessed the damage sustained by the ship, the master will be in a position to decide what action should be