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CIRCULAR
015-09; SEPTEMBER 1, 2009
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USCG VRP Compliance Update
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As reported in previous circulars and discussed in the
annual SMTTTX 2008, the USCG has been tightening the vessel response plan
requirements in the remote Captain of the Port (COTP) Zones over the past
year. On August 12, 2009 USCG Headquarters released Policy Letter 09-02 Industry
Guidelines For Requesting Alternative Planning Criteria Approval, One
Time Waivers and Interim Operating Authorization. Click on the
previous link to download a copy of this letter. It sets forth
guidelines applicable to tank vessels to obtain the appropriate approval
to operate in remote COTP Zones. Additionally, USCG Headquarters
also began sending courtesy letters to O'Brien'sRM citing specific
vessels that are known to have transited Unimak Pass in the Western
Alaska COTP Zone without the appropriate approval in their VRP.
This includes transits made from 2006 to the present. We have received 19
letters to date.
These courtesy letters state the following:
"This is a courtesy letter to advise you of the
requirement to update your Tank Vessel Response Plan (TVRP) to include a
Geographic Specific Appendix (GSA) for Western Alaska in accordance with
33 CFR 155.1030(a) prior to your next scheduled transit through Western
Alaska.
A tank vessel engaged in a voyage that takes it to or from a port or
place subject to the jurisdiction of the United States is required to
have an approved TVRP if subject to TVRP requirements. In accordance with
33 CFR part 155.1030 (c)(10), that tank vessel is also required to have
an approved GSA for each COTP zone where it intends to handle, store or
transport oil including port areas and offshore transit areas, near
shore, offshore or open ocean areas within the applicable COTP zones as
defined by 33 CFR part 3. In accordance with 33 CFR 155.1020, the COTP
zone extends out to the boundary of the exclusive economic zone (EEZ),
which is 200 nm miles offshore. Tank vessels that are merely engaged in
transit passage or innocent passage while bound to and from somewhere
outside the United States are not subject to TVRP regulations while
engaged on their voyage. However, if your tank vessel transits to or from
a port or place of the United States as indicated by our records you are
required to comply have a GSA approved for those COTP zones through which
your vessel transited.
Please amend your plan to include a Geographic Specific Appendix for
Western Alaska. Be advised, there are not adequate private resources
available to provide oil spill removal resources for your vessel in this
COTP zone. As such you are advised to apply for alternate planning
criteria in accordance with 33 CFR 155.1065(f)."
We have spoken with USCG Headquarters regarding the significance of these
"courtesy letters". The USCG indicated that these letters
constitute a written warning. Vessels transiting the Unimak Pass
must obtain the required VRP approvals for Western Alaska. Failure
to do so will result in enforcement action including future operational
controls while in US waters and/or monetary penalties. We will be
notifying plan holders whose vessels were identified in a courtesy
letter.
Although the courtesy letters specifically address Tank Vessels, the USCG
has similarly commenced enforcement of Nontank Vessel Response Plans
using the authority of the Ports and Waterways Safety Act (33 CFR 160) on
August 22, 2008. For more information please see the Circular 022-08, provided for
reference.
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OPERATING
IN A COTP ZONE WITHOUT VRP APPROVAL
When transiting a COTP Zone, vessels that are bound for or
departing from a port or place in the U.S. are not considered on innocent
passage. Currently many vessels are known to transit through the Western
Alaska COTP Zone when sailing between U.S. ports and the Far East.
Similarly, vessels are known to transit through the Guam COTP Zone when
sailing between U.S. ports and the Persian Gulf. These vessels are not on
innocent passage when bound for or departing from a port or place in the
U.S. Therefore, these COTP Zones must be approved in their Vessel
Response Plan. The USCG actively monitors and knows what vessels are
sailing these routes without the appropriate VRP approvals. This is
evidenced by the courtesy letters we have recently received that name specific
vessels and the dates they transited.
All vessels sailing these routes must have the appropriate COTP Zone
approval in the VRP. The compliance requirements vary slightly in that
Nontank vessels do not have to apply for alternative planning criteria
(APC) where Tank vessels do.
- Nontank
vessels must have a relationship with the local OSRO by
"contract or other approved means". This, in addition to
preparing and submitting a VRP for responding to the maximum extent
practicable to a worst case discharge or substantial threat of such
a discharge of oil, will be sufficient for a Nontank vessel to
receive an Interim Operating Authorization (IOA) for these COTP
Zones.
- Tank
vessels must also have a relationship with the local OSRO by
"contract or other approved means." But since these OSROs
do not have sufficient response capacity to meet the national
response planning requirements Tank vessels must apply for an APC
approval or obtain a one-time waiver in accordance with 33 CFR
155.1025 (e) from the cognizant COTP. A one-time waiver also
requires that the vessel have a relationship with the local OSRO but
it does not require the submission of APC documentation. Once a
vessel has expended the one-time waiver for the COTP Zone, it may
not re-enter that COTP Zone until a request for APC has been
approved. This approval can take up to 90 days. An IOA can be
requested and granted within 30 days if the vessel intends to return
prior to the 90 review and approval period being completed.
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ACTIONS
TO BE TAKEN
Plan Holders
who have vessels transiting the Unimak Pass or operating in the Western
Alaska COTP Zone or any other remote areas of a COTP Zone (Southeastern
Alaska, Guam, Pago Pago and American Samoa) without the appropriate
approval in their VRP should take the following steps.
2. Obtain a
contract with the local OSRO in each remote COTP Zone your
vessel(s)/fleet are transiting:
COTP Zone: Western Alaska Notify
Alaskan
Chadux Corporation
COTP Zone:
Southeast Alaska;
Guam Response
Services Ltd. (GRSL)
P.O. Box 4892, Agana, Guam 96910
Tel:+1 671 475 7520 / 475 7521 (24 hours)
Tel:+1 671 674 7503
Fax: +1 671 475 7525 / 649 6451
Email: mgerber@ite.net
COTP Zone
Honolulu (Hawaii): Pago Pago, America Samoa
SOLAR Inc.
Tel: +1 684 699 8706
Fax: +1 684 644 2529
Peni Ben Solaito - Cell: +1 684 733 1317 / +1 684 258 9228
AOH: +1 684 699 8706
Email: peni@samoatelco.com
3. Provide
evidence of your contractual relationship with the appropriate local OSRO
to O'Brien'sRM.
4. Request
O'Brien'sRM submit APC to the USCG COTP and request an IOA from USCG
Headquarters on behalf of your vessel(s)/fleet for each remote COTP Zone.
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CONTACT
US
If you should
have any questions or comments, please do not hesitate to contact us at inquiry@obriensrm.com.
24-Hour Emergency Assistance: +1 985.781.0804
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