P 182046Z FEB 11


SUBJ: UPDATE ONE TO ENFORCEMENT OF TANK VESSEL AND FACILITY RESPONSE

PLAN REQUIREMENTS DUE TO IMPLEMENTATION OF THE SALVAGE AND MARINE

FIREFIGHTING (SMFF) REGULATIONS AND CAPS DISPERSANT REGULATION

A. MY 042056Z FEB 11

B. 33 CFR PARTS 154 AND 155, VESSEL AND FACILITY RESPONSE PLANS FOR

OIL, FINAL RULE, AUGUST 31, 2009

1. PURPOSE: TO PROVIDE UPDATED GUIDANCE ON THE ENFORCEMENT POSTURE

FOR MARINE TRANSPORTATION RELATED (MTR) FACILITIES AND TANK VESSELS

SUBJECT TO THE NEW RESPONSE PLAN REQUIREMENTS.

2. BACKGROUND:

A. REF A PROVIDED ENFORCEMENT GUIDANCE REGARDING THE TANK VESSEL

RESPONSE PLAN (VRP) AND FACILITY RESPONSE PLAN (FRP) UPDATES REQUIRED

FOR THE CAPS DISPERSANT REGULATION CONTAINED IN REF B. FOLLOWING THE

RELEASE OF REF A, QUESTIONS AROSE PERTAINING TO THE TERM INLAND

RIVERS AS IT APPEARS IN 33 CFR 154.1045(J) AND 33 CFR 155.1050(L)

SINCE IT IS NOT DEFINED WITHIN 33 CFR PART 154 OR PART 155.

B. CONFUSION ALSO OCCURRED OVER DISPERSANT PRE-AUTHORIZATION AREAS

AND THE APPLICABILITY OF MTR FACILITIES OPERATING IN THE VICINITY OF,

RATHER THAN WITHIN, PRE-AUTHORIZATION AREAS BASED ON THE POTENTIAL

FOR A SPILL TO ENTER THESE AREAS.

3. DISCUSSION:

A. AFTER PROGRAM AND LEGAL REVIEW, IT WAS DETERMINED THAT INLAND

RIVERS AND INLAND AREAS SHOULD BE CONSIDERED EQUIVALENT. THE

DEFINITION FOR INLAND AREAS UNDER 33 CFR PART 154 SHOULD BE USED BY

THE MARITIME INDUSTRY AND COTPS IN APPLYING THE REQUIREMENT TO

ARRANGE, BY CONTRACT OR OTHER APPROVED MEANS, FOR AERIAL SURVEILLANCE

AS PROVIDED IN REF B. SPECIFICALLY, FACILITIES AND TANK VESSEL

OWNER/OPERATORS OPERATING SOLELY IN INLAND AREAS ARE NOT REQUIRED TO

LIST AERIAL OIL TRACKING RESOURCES OR PROVIDE PROOF, BY CONTRACT OR

OTHER APPROVED MEANS, THAT THEY HAVE ARRANGED FOR THOSE RESOURCES IN

THEIR RESPONSE PLANS. THESE FACILITIES AND TANK VESSEL

OWNER/OPERATORS SHOULD BE ADVISED THAT AERIAL OIL TRACKING IS AN

INTEGRAL PART OF POLLUTION RESPONSE. FEDERAL ON SCENE COORDINATORS

MAY REQUIRE THE RESPONSIBLE PARTY/PLAN HOLDER TO PROVIDE AERIAL

SURVEILLANCE DURING AN OIL SPILL RESPONSE. PLAN HOLDERS SHOULD BE

INFORMED OF THIS AND ENCOURAGED TO RESEARCH THESE RESOURCES AND

INCLUDE THEM IN THEIR PLANS.

B. IT WAS ALSO DETERMINED THAT THE REQUIREMENT TO PROVIDE DISPERSANT

RESOURCES AND CAPABILITIES SHOULD APPLY ONLY TO A FACILITY OR TANK

VESSEL PHYSICALLY OPERATING IN A PRE-AUTHORIZED ZONE. THIS

DETERMINATION WAS BASED ON SEVERAL FACTORS INCLUDING THE DISCUSSION

OF COMMENTS AND CHANGES IN THE FINAL RULE WHICH STATES QUOTE THE

COAST GUARD RECOGNIZES THERE ARE NO PRE-AUTHORIZATIONS IN INLAND

AREAS (E.G., ESTUARINE OR FRESHWATER) AT THIS TIME. IT IS POSSIBLE,

ALTHOUGH NOT LIKELY THAT SUCH PRE-AUTHORIZATIONS MAY BE DEVELOPED

OVER TIME. CURRENTLY, HOWEVER, FACILITIES AND VESSELS OPERATING IN

INLAND AREAS, INCLUDING PORTS AND HARBORS, RIVERS, AND THE GREAT

LAKES, WILL NOT BE REQUIRED TO HAVE DISPERSANT RESOURCES AVAILABLE

UNQUOTE. THIS LANGUAGE, COUPLED WITH THE DIFFICULTY COTPS WOULD HAVE

IDENTIFYING THOSE MTR FACILITIES THAT COULD POTENTIALLY IMPACT A

PRE-AUTHORIZATION AREA, SUPPORT THE DETERMINATION.

4. ACTION:

A. FOR FACILITIES: COTPS MAY USE DISCRETION WHEN ENFORCING THE

REQUIREMENT FOR SUBMISSION OF FRP AMENDMENTS RELATED TO DISPERSANT

AND AERIAL TRACKING ONLY. SUCH DISCRETION SHALL NOT ALLOW FOR

SUBMISSION OF FRP AMENDMENTS PERTAINING TO THESE ELEMENTS BEYOND 24

MARCH 2011. ALL OTHER REQUIRED PLAN UPDATES MUST BE SUBMITTED BY 22

FEBRUARY 2011. IF THE FACILITY OWNER/OPERATOR CANNOT IDENTIFY

RESOURCE PROVIDERS THAT HAVE THE APPROPRIATE CAPABILITIES AS REQUIRED

BY 33 CFR 154.1045, THEN THE FACILITY OWNER/OPERATOR MUST SUBMIT A

WRITTEN REQUEST FOR AN ALTERNATIVE IN ACCORDANCE WITH 33 CFR 154.107.

FOR A FACILITY TO CONTINUE TO HANDLE, STORE, OR TRANSPORT OIL WITHOUT

A PLAN APPROVED BY THE COTP, THE FACILITY MUST REQUEST AND RECEIVE AN

INTERIM OPERATING AUTHORIZATION (IOA) IN ACCORDANCE WITH 33 CFR

154.1025.

B. FOR TANK VESSELS: CG-5431 WILL ISSUE IOA LETTERS TO THOSE TANK

VESSELS THAT OPERATE IN INLAND AREAS. A MORE COMPREHENSIVE REVIEW

WILL BE CARRIED-OUT PRIOR TO THE ISSUANCE OF A FIVE-YEAR APPROVAL

LETTER FOR THAT TANK VESSEL VRP. DURING THE COURSE OF THIS

COMPREHENSIVE REVIEW, THE ROUTE OF THE TANK VESSEL WILL BE

DETERMINED, AND IF THAT ROUTE ALLOWS TRAVEL OUTSIDE THE INLAND AREA,

THAT TANK VESSEL OWNER/OPERATOR WILL BE REQUIRED TO COMPLY WITH THE

AERIAL OIL TRACKING REQUIREMENTS.

5. FOR FURTHER INFORMATION REGARDING MTR FACILITIES, CONTACT LCDR

KEVIN LYNN, KEVIN.P.LYNN(AT)USCG.MIL, 202-372-1130 OR MSTC CANDY

DAVIS, CANDY.L.DAVIS(AT)USCG.MIL, 202-372-1127.

6. FOR FURTHER INFORMATION REGARDING VRPS, PLEASE CONTACT LCDR RYAN

ALLAIN, RYAN.D.ALLAIN(AT)USCG.MIL, 202-372-1226.

7. RADM KEVIN S. COOK, DIRECTOR OF PREVENTION POLICY, CG-54 SENDS.

8. INTERNET RELEASE OF THIS MESSAGE IS AUTHORIZED.