[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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