Summary
The Coast Guard is issuing this notice to inform U.S. and foreign flag nontank vessel owners and operators that effective August 22, 2008, the agency will begin enforcing the requirement to prepare and submit a nontank vessel response plan (NTVRP) for certain nontank vessels.

The USCG will begin active enforcement of this policy by screening all nontank vessels prior to their port arrival for the submission of NTVRPs. In an effort to devote enforcement resources to those nontank vessels that pose the greatest risk in the event of a worst case discharge, this interim enforcement policy will focus on those nontank vessels of 1,600 gross tons or greater. For such vessels without a properly submitted plan, operational controls will be placed on the vessels by the Captains of the Port (COTP) under the authority of regulations in 33 CFR 160.111 issued under the Ports and Waterways Safety Act.

Nontank vessels of 400 gross tons or greater are also required and encouraged to submit NTVRPs.

Applicability
This policy affects owners and operators of nontank vessels, which are defined as self-propelled vessels of 400 gross tons or greater carrying oil as fuel for main propulsion and operating on the navigable waters of the United States.

Requirements
Nontank vessel owners and operators are required to prepare and submit plans for responding:

1. To a worst case discharge; and
2. To a substantial threat of such a discharge of oil from their vessels.

Until NTVRP regulations are issued and in effect, the Coast Guard will continue to issue 2-year interim operating authorization letters for NTVRPs meeting the requirements found in 33 U.S.C. 1321(j)(5)(D). Vessel owners or operators of a nontank vessel shall ensure that the plan:

1. Is consistent with the requirements of the National Contingency Plan and Area Contingency Plans;
2. Identifies the qualified individual having full authority to implement removal actions, and requires immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment;
3. Identifies, and ensures by contract or other means approved by the President 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. Describes the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge;
5. Is updated periodically; and
6. Is resubmitted for approval of each significant change.

Vessel owners and operators are encouraged to submit plans in accordance with the guidance of NVIC 01-05 CH 1. Plans submitted to the Coast Guard consistent with this guidance will facilitate issuance of interim operating authorizations.

Once plans are received for review, the Coast Guard will issue an acknowledgement receipt. For plans that do not meet the elements described above, the Coast Guard will send the owner or operator a revision request identifying the deficient elements. If the Coast Guard finds the elements of a response plan to be not in compliance with the requirements of 33 U.S.C. 1321(j)(5)(D) as amended by the 2004 Act, the Coast Guard may initiate vessel operational controls under authority of 33 U.S.C. 1233 and 33 CFR 160.111.

Background
The Coast Guard and Maritime Transportation Act of 2004 (CGMTA), amended the Federal Water Pollution Control Act (FWPCA) extending requirements for vessel response plans (VRP) to vessels that do not carry oil as cargo but as fuel. The mandate required these vessels to submit VRPs before August 9, 2005.

The Coast Guard and Maritime Transportation Act of 2006 clarified that nontank vessel response plans are required for vessels of 400 gross tons or greater as measured under the International Convention on Tonnage Measurement of Ships, 1969, measurement system in 46 U.S.C. 14302, or the regulatory measurement system of 46 U.S.C 14502 for vessels not measured under 46 U.S.C. 14302.

A nontank vessel is defined as a self-propelled vessel of 400 gross tons or greater, which carries oil as fuel for main propulsion and operates on the navigable waters of the United States. Vessels that carry oil as primary or secondary cargo are currently regulated under 33 CFR part 155, subpart D, and are not subject to this notice. The 2004 Act also requires promulgation of regulations that prescribe the content and submission of the nontank vessel response plans.

Since the passage of the 2004 Act, the USCG has published Navigation and Vessel Inspection Circular (NVIC) 01-05 CH 1 and a Federal Notice on June 24, 2005 (70 FR 36649) providing guidance with respect to enforcement of these requirements. NVIC 01-05 CH 1 also provides guidance to vessel owners and operators regarding the development of NTVRPs to meet the intent of the 2004 Act for the immediate submission of NTVRPs and for the Coast Guard's issuance of 2-year interim operating authorizations pending issuance of a final rule.

Considering the risks associated with oil spills from large nontank vessels similar to the November 7, 2007, COSCO BUSAN oil spill in San Francisco Bay and that some nontank vessels still have not submitted a NTVRP, the Coast Guard will, effective August 22, 2008, begin actively enforcing the 2004 Act by screening all nontank vessels prior to their port arrival for the submission of NTVRPs.

In an effort to devote enforcement resources to those nontank vessels that pose the greatest risk in the event of a worst case discharge, this interim enforcement policy will focus on those nontank vessels of 1,600 gross tons or greater. For such vessels without a properly submitted plan, operational controls will be placed on the vessels by the Captains of the Port (COTP) under the authority of regulations in 33 CFR 160.111 issued under the Ports and Waterways Safety Act.

Nontank vessels less than 1,600 gross tons are considered to pose less of a threat, in part because of the smaller quantities of fuel carried and the light weight or distillate fuel oil that they generally use. Under section 701 of the 2004 Act, these vessels are still required to submit NTVRPs consistent with 33 U.S.C. 1321(j)(5).

Comments
The USCG is interested in receiving comments on this policy notice. Comments and related materials must reach the Docket Management Facility on or before July 23, 2008.

You may submit comments identified by USCG docket number USCG-2008-0436 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:

1. Online: http://www.regulations.gov
2. Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
3. Hand Delivery: Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
4. Fax: 202-493-2251.

For more information

• See the published notice, final rule and NVIC at JCCRegs.com, under the Federal Register section.
• For questions related to the USCG standards contact Lieutenant Jarrod DeWitz, U.S. Coast Guard, telephone 202-372-1219 or vrp@uscg.mil.