USCG Marine Safety Information Bulletin re NTVRPs
The USCG has issued Marine Safety Information Bulletin regarding clarification of implementation date and notice of arrival requirements for Nontank Vessel Response Plan Final Rule.
The “Nontank Vessel Response Plans and Other Response Plan Requirements” (NTVRP) final rule, requires vessel owners or operators of nontank vessels 400 gross tons andabove to prepare and submit oil spill response plans for vessels operating on the navigable waters of the United States.Additionally, the final rule requires the submission of a Vessel Response Plan (VRP) Control Number with the vessel’sadvance notice of arrival.
Since August 2008, the Coast Guard has been enforcing the statutory requirement to prepare and submit oil spill responseplans for nontank vessels 1,600 gross tons or greater and has been issuing 2-year Interim Operating Authorization (IOA)letters to demonstrate compliance
Effective Date vs. Implementation Date
The NTVRP final rule has both an effective date and implementation (compliance) date. The effective date of October 30,2013 is when the final rule enters into force. The final rule also establishes January 30, 2014 as the date of compliance bywhich a vessel owner or operator is required to submit and operate under a vessel response plan that meets the newregulatory requirements of Title 33, Code of Federal Regulations (CFR), Part 155, Subpart J.
As a result, existing IOAs will remain valid until the compliance date of January 30, 2014, or until they are replaced with anew approval letter or IOA that specifically refers to compliance with “Title 33, Code of Federal Regulations, Part 155,Subpart J.” Nontank vessels with existing IOAs must resubmit their plan, with required revisions, for approval before thecompliance date in order to receive a Subpart J compliant approval letter or IOA.
Notice of Arrival Requirements
This final rule also requires the submission of VRP Control Numbers for both tank and nontank vessels as part of alreadyrequired notice of arrival information listed in Title 33, Code of Federal Regulations, Part 160.206(a). The Coast Guard’selectronic notice of arrival (eNOA) online form already requires a submitter to check a box when they have a nontank(emphasis added) VRP and provides a control number entry field when the box is checked in the affirmative. Nontankvessels should continue to submit their VRP Control Number in this manner. At this time, no such prompt or entry fieldexists for tank vessels.
Therefore, until an entry field is added to the eNOA submission form for tank vessels, the CoastGuard advises tank vessel owner or operators to list their tank VRP Control Numbers in the eNOA comments field.Since the October 30, 2013 effective date of this requirement does not align with the January 30, 2014 compliance date forsubmission of nontank VRPs, and to ensure consistency with our previous enforcement policy for nontank vessels 1,600gross tons and above, the Coast Guard will enforce this new notice of arrival submission requirement by the followingeNOA submission timelines:
1. October 30, 2013 – Tank Vessels
2. October 30, 2013 – Nontank Vessels (1,600 gross tons or greater; use VRP Control Number listed in existing IOAs)
3. January 30, 2014 – Nontank Vessels (400 – less than 1,600 gross tons)
