[Congressional Record Volume 155, Number 74 (Thursday, May 14, 2009)]
[Senate]
[Pages S5521-S5522]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 1041. A bill to amend the Oil Pollution Act of 1990 to modify the 
applicability of certain requirements to double hulled tankers 
transporting oil in bulk in Prince William Sound, Alaska; to the 
Committee on Commerce, Science, and Transportation.
  Ms. MURKOWSKI. Mr. President, today I am introducing a bill, with my 
colleague from Alaska Senator Mark Begich, that will require all oil 
laden tankers in Prince William Sound to be escorted by at least two 
towing vessels or other vessels considered appropriate by the Secretary 
of the Department of Homeland Security.
  At 12:04 a.m. on March 24, 1989, the Exxon Valdez, carrying over 53 
million gallons of crude oil, failed to turn back into the shipping 
lane after detouring to avoid ice, and ran aground on Bligh Reef. 
Alaskans will never forget that morning, waking up to hear about the 
worst oil spill and environmental disaster in U.S. history and living 
with the lasting impacts it has had on our State and residents.
  The National Transportation Safety Board investigated the accident 
and determined probable causes for the accident. While it determined 
that it was primarily caused by human error of the captain and crew, it 
is my belief that we had also become complacent. It had been 12 years 
since we had begun to tanker oil out of Valdez and there had not been 
an incident. However, when the spill occurred, we became acutely aware 
of how woefully unprepared we were. The few prevention measures that 
were available were inadequate and the spill response and clean-up 
resources were seriously deficient. The oil eventually fouled some 
1,300 miles of shoreline, stretching almost 500 miles, and covered an 
area of 11,000 square miles.
  While the captain and crew were found at fault for the immediate 
cause of the spill, the incident also highlighted huge gaps in 
regulatory oversight of the oil industry. The response of Congress to 
the spill was passage of the Oil Spill Pollution Act of 1990 or OPA90. 
The law overhauled shipping regulations, imposed new liability on the 
industry, required detailed response plans and added extra safeguards 
for shipping in Prince William Sound. Since the law took effect, annual 
oil spills were greatly reduced and lawmakers, marine experts, the oil 
industry and environmentalists credit the law for major improvements in 
U.S. oil and shipping industries.
  Oil spill prevention and response have been greatly improved in 
Prince William Sound since the passage of OPA90. The U.S. Coast Guard 
now monitors fully laden tankers all the way through Prince William 
Sound. Specially trained marine pilots ride the ships for 25 of the 70 
mile journey through the Sound and there are weather criteria for safe 
navigation. Contingency plans, skimmers, dispersants, oil barges and 
containment booms are all now readily available. An advanced ice-
detecting radar system is also in place to monitor the icebergs that 
flow off of the mighty Columbia Glacier.
  Two escort tugs accompany each tanker while passing through the Sound 
and are capable of assisting the tanker in the case of an emergency. 
This world class safety system recently

[[Page S5522]]

saw the 11,000th fully loaded tanker safely escorted through Prince 
William Sound. It is estimated that if the Exxon Valdez would have been 
double-hulled, the amount of the spill would have been reduced by more 
than half. While double hulled tankers are a huge improvement over 
single hulls, they do not prevent oil spills.
  The legislation that Senator Begich and I are introducing today will 
maintain the existing escort system in place for all tankers. 
Presently, the federal requirement that every loaded tanker be 
accompanied through the Sound by two tugs applies only to single-hulled 
tankers. Even though, right now, double-hulled tankers are escorted by 
two vessels, federal law does not require them to be. The last single 
hulled tanker in the Prince William Sound fleet is expected to be 
retired from service by August 2012 and our legislation ensures all 
double hulled tankers will always be escorted by two tugs.
  Although there have been a number of marine incidents and near misses 
since the Exxon Valdez oil spill in 1989, over the past 20 years, 
through the efforts of the U.S. Coast Guard, industry, the State of 
Alaska, and the Prince William Sound Citizens Advisory Council to 
implement the requirements of OPA 90, there have been no major oil 
spills. Today, as a result, the marine transportation safety system 
established for Prince William Sound is regarded as among the most 
effective in the world. A key reason for that accomplishment is, in 
part, because of the safety benefits resulting from having dual escort 
vessels available to assist oil laden tankers transiting the Sound.
  Section 4116 (c) of OPA 90 requires that single hulled tankers over 
5,000 gross tons transporting oil in bulk in Prince William Sound, 
Alaska be escorted by at least two towing vessels or other vessels 
considered appropriate by the Secretary.
  Subsection (a) makes applicable to double hulled tankers the 
requirement in existing law including regulations in 33 CFR Part 168 
issued to implement that dual escort vessel requirement for single 
hulled tankers. The subsection leaves the dual escort vessel 
requirement in place for single hulled tankers. By making those cited 
regulations applicable to double hulled tankers, the U.S. Coast Guard 
would not need to issue new regulations as a result of the amendment to 
section 4116(c) of OPA 90. Rather, the Secretary is authorized and 
directed to ``carry out subparagraph (A)'' by order without notice and 
hearing, and without issuing new regulations, under section 553 of 
title 5 of the U.S. Code.
  The dual escort plan, as it was constituted and in effect as of March 
1, 2009 for Prince William Sound, is described in a document entitled, 
``Vessel Emergency Response Plan'' or ``VERP'', and is on file with the 
House Transportation and Infrastructure Committee and the Senate 
Commerce, Science, and Transportation Committee.
  It is envisioned that, as advancements in technology are made in the 
future, any appropriate and warranted modifications to the VERP cited 
above implementing the dual escort practice as in effect as of March 1, 
2009 and implementing the dual escort requirement in this section, 
including implementing regulations, will be made by the Prince William 
Sound Tanker Owners/Operators in consultation with the U.S. Coast 
Guard, the State of Alaska, and the PWSRCAC and ratified and endorsed 
by the U.S. Coast Guard before being implemented.
  The success of this escort system over the past 20 years has shown us 
that it must not be compromised. We cannot forget the lessons of the 
Exxon Valdez oil spill and allow ourselves to become complacent.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was orderd to be 
printed in the Record, as follows:

                                S. 1041

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN 
                   PRINCE WILLIAM SOUND, ALASKA.

       (a) In General.--Section 4116(c) of the Oil Pollution Act 
     of 1990 (46 U.S.C. 3703 note; Public Law 101-380) is 
     amended--
       (1) by striking ``Not later than 6 months'' and inserting 
     the following:
       ``(1) In general.--Not later than 180 days''; and
       (2) by adding at the end the following:
       ``(2) Prince william sound, alaska.--
       ``(A) In general.--The requirement in paragraph (1) 
     relating to single hulled tankers in Prince William Sound, 
     Alaska, described in that paragraph being escorted by at 
     least 2 towing vessels or other vessels considered to be 
     appropriate by the Secretary (including regulations 
     promulgated in accordance with section 3703(a)(3) of title 
     46, United States Code, as set forth in part 168 of title 33, 
     Code of Federal Regulations (as in effect on March 1, 2009) 
     implementing this subsection with respect to those tankers) 
     shall apply to double hulled tankers over 5,000 gross tons 
     transporting oil in bulk in Prince William Sound, Alaska.
       ``(B) Implementation of requirements.--The Secretary of the 
     Federal agency with jurisdiction over the Coast Guard shall 
     carry out subparagraph (A) by order without notice and 
     hearing pursuant to section 553 of title 5 of the United 
     States Code.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on the date that is 90 days after the date of 
     enactment of this Act.
                                 ______