U.S. Nontank Vessel Response Plans - Enforcement Postponed

New U.S. federal legislation requires self-propelled nontank vessels of 400 gross tons or greater that carry oil of any kind as fuel for main propulsion to maintain approved vessel response plans with effect from 9 August 2005. Details of the legislation and plan requirements were given in Club circular B.428 of April 2005. 

Final regulations to implement the legislation must be prepared by the U.S. Coast Guard but are still pending. The Coast Guard gave notice in the Federal Register of 24 June 2005 that the regulations are unlikely to be in place on 9 August 2005 and that they will not enforce the legislation until regulations are issued and are in effect.

Even though the requirement to have plans will not now apply from 9 August, Members with nontank vessels trading to the United States should still be preparing to submit plans as quickly as possible. The regulations will eventually come into force and plans will be required. Nontank vessels that have a pollution incident in the US on or after 9 August 2005 without a vessel response plan may risk increased damages and civil liability as the response efforts may not be as timely.

In the Federal Register notice the Coast Guard reminds nontank owners that interim guidance on the preparation of plans is already available in the form of a Navigation and Vessel Information Circular 01-05 (NVIC 01-05) entitled "Interim Guidance for the Development and Review of Response Plans for Nontank Vessels.''* While the final regulations may vary from the interim guidance, plans submitted for approval prior to the regulations being finalised may be issued a two year interim authorization letter. Submitting a plan for approval prior to the regulations being finalised is voluntary, however, the Coast Guard encourages owners whose vessels are likely to be covered by the final regulations to use the voluntary interim authorization process under NVIC 01-05.

Update - July 2008

Coast Guard announce enforcement from 22 August 2008

Changes to the Guidance document were made in January 2006. These are recorded in document NVIC 01-05 Change 1.