Holland & Knight LLP, law firm in Washington D.C, USA, has provided us with the following information.
Quote
On August 9, 2004, the Coast Guard and Maritime Transportation Act of 2004 (Pub.L. 108-293) was enacted into law. Section 701 of that Act amended the Federal Water Pollution Control Act (FWPCA) to require nontank vessels of 400 gross tons (ITC) and greater operating on waters of the United States to have oil spill response plans.
The Act requires the owner or operator of such a nontank vessel to prepare and submit the oil spill response plan “No later than one year after the date of enactment of this Act” – which means not later than August 9, 2005. The Coast Guard has yet to promulgate regulations addressing this new provision [rulemaking projects generally take at least three years]. In view of the fact that the requirement is self-executing, the Coast Guard has issued guidance in the form of a Navigation and Vessel Inspection Circular(NVIC). Persons submitting oil spill response plans consistent with the NVIC will be issued authorization letters, allowing continued operation of the nontank vessel for up to two years until the response plan is fully reviewed and approved by the agency. The Coast Guard requests that such response plans be submitted not later than July 9, so that it may examine the plans for basic consistency with the NVIC in time to issue the authorization letter by August 9.
In summary, the response plan, at a minimum, must:
(a) be consistent with the National Contingency Plan and applicable area contingency plans;
(b) identify the qualified individual (QI) having authority to implement removal actions;
(c) identify and ensure by contract or other approved means the availability of private personnel and equipment necessary to respond to a worst case discharge; and
(d) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel to be carried out in the event of an oil spill or substantial threat of an oil spill. Detailed requirements are addressed in the NVIC. The owner of a nontank vessel for which an oil spill response plan has not been submitted may find it difficult to limit liability in the event of a major oil spill.
Unquote
Member Alert is published by The Swedish Club as a service to members. While the information is believed correct, the Club cannot assume responsibility for completeness or accuracy.