[Federal Register Volume 73, Number 121 (Monday, June 23, 2008)]
[Notices]
[Pages 35405-35406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14115]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[USCG-2008-0436]
Nontank Vessel Response Plan Enforcement
AGENCY: Coast Guard, DHS.
ACTION: Notice and request for comments.
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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, we will begin enforcing the requirement to prepare and submit
a nontank vessel response plan (NTVRP) for certain nontank vessels, as
required by the Coast Guard and Maritime Transportation Act of 2004.
DATES: The policy announced in this document will become effective
August 22, 2008. Comments and related materials must reach the Docket
Management Facility on or before July 23, 2008.
ADDRESSES: You may submit comments identified by Coast Guard 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 FURTHER INFORMATION CONTACT: For questions on this policy, contact
Lieutenant Jarrod DeWitz, U.S. Coast Guard, telephone 202-372-1219 or
[email protected]. If you have questions on viewing or submitting material
to the docket, please call Ms. Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit comments and related materials about the
enforcement policy announced in this notice. All comments received will
be posted, without change, to http://www.regulations.gov and will
include any personal information you have provided.
If you submit a comment, please include the docket number for this
notice (USCG-2008-0436), indicate the specific section of this document
to which each comment applies, and give the reason for each comment. We
recommend that you include your name and a mailing address, an e-mail
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
You may submit your comments and materials by mail, hand delivery,
fax, or electronic means to the Docket Management Facility listed under
ADDRESSES. If you choose to submit them by mail or hand delivery,
submit them in an unbound format, no longer than 8 \1/2\ by 11 inches,
and suitable for copying and electronic filing. If you submit them by
mail and would like to know if they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and materials received during the comment period.
Background and Purpose
Section 701 of the Coast Guard and Maritime Transportation Act of
2004 (CGMTA), Pub. L. 108-293, amended section 311(j)(5)of the Federal
Water Pollution Control Act (FWPCA), 33 U.S.C. 1321(j)(5), and required
owners and operators of nontank vessels to prepare and submit by August
9, 2005, plans for responding: (1) To a worst case discharge; and (2)
to a substantial threat of such a discharge of oil from their vessels.
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.
The Coast Guard and Maritime Transportation Act of 2006 (Pub. L.
109-241) 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.
Since the passage of the 2004 Act, the Coast Guard 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 that some nontank vessels still have not submitted a
NTVRP to the Coast Guard and that the risks associated with oil spills
from large nontank vessels similar to the November 7, 2007, COSCO BUSAN
oil spill in San Francisco Bay, 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 our 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
[[Page 35406]]
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).
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.
The Coast Guard is interested in receiving comments on this policy
notice.
Dated: June 18, 2008.
Brian M. Salerno
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security And Stewardship.
[FR Doc. E8-14115 Filed 6-20-08; 8:45 am]
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