Non-tank Vessel Response Plans in accordance with NVIC 01-05
are now offered in our suite of services. Learn more about this
new regulation and let Hudson be your guide.
Which vessels are required to have
approved Non-tank Vessel Response Plans (NTVRP)?
Every self-propelled vessel of 400 gross tons
or greater [measured in accordance with the International Tonnage
Convention (ITC)], other than a tank vessel, that carries oil of
any kind as fuel for main propulsion and that:
Is a vessel of the United States; or
Operates on the navigable waters of the United
States
must have an approved Non-tank Vessel Response
Plan by August 8, 2005.
Please note that these NTVRP are required by
US federal regulations and having an approved State of California
Non-tank Vessel Contingency Plan (CANTVCP) does not satisfy the requirements.
Conversely, having a NTVRP does not exempt a vessel from having
an approved CANTVCP. Other states such as Alaska, Oregon, Washington
and Texas also may have their own particular requirements for vessels
to enter their waters.
These regulations do not apply to the following
types of vessels:
Public vessels and vessels deemed public vessels
under 14 U.S.C. 827.
Vessels of opportunity when conducting response
operations in a response area.
Foreign flag vessels engaged in innocent passage.
Non-tank vessels, which are constructed
or operated in such a manner that no oil in any kind can be carried
aboard as fuel for main propulsion.
How does an owner/operator/manager obtain
an approved Non-tank Vessel Response Plan (NTVRP)?
Contact Hudson Marine Management Services
(HMMS) via e-mail at
or telephone at +1.856.342.7500
or fax at +1-856-486-0081 and advise that you would like to apply
for a NTVRP(s) for your Non-tank vessel(s) that currently trade,
or may trade, to the US. We will send to you a questionnaire that,
once completed and returned to us with the required documents, will
provide us with the information necessary to develop your NTVRP.
If we have previously developed a response plan
for the same vessel(s) that remains up to date, such as a State
of California Non-tank Vessel Contingency Plan (CANTVCP), the information
required from you will be minimized. We will assist you in arranging
the required contracts for the appropriate oil spill removal organization
(OSRO) and response organization (i.e. salvage contractor) to provide emergency
lightering, fuel offloading, salvage and firefighting. We will then
submit the plan to the US Coast Guard for review and approval and
provide your offices and vessel(s) with copies of the plan.
What are the general provisions required
in a NTVRP?
Be consistent with the requirements of the
National Contingency Plan and Area Contingency Plans;
Identify the Qualified Individual having full
authority to implement removal actions, and require immediate
communications between that individual and the appropriate Federal
official and the persons providing personnel and equipment pursuant
to clause (3);
Identify, and ensure 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;
Describe 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;
Be updated periodically; and
Be resubmitted for approval of each significant
change.
Additionally, the plan should follow the other
general provisions in 33 CFR 1030, with the following exceptions:
The plan should cover all geographic areas
of the United States in which the vessel would handle, store,
or transport oil as fuel, including port areas and offshore transit
areas.
(2) If the vessel owner or operator has more
than one vessel, the plan may cover each class of vessel (i.e.,
manned vessels carrying oil as primary cargo and Non-tank vessels
of 400 gross tons and greater, unmanned vessels carrying oil as
primary cargo, and vessels carrying oil as secondary cargo), with
a separate vessel-specific appendix for each vessel covered by
the plan and a separate geographic-specific appendix for each
Captain of the Port (COTP) zone in which the vessel(s) would operate.
What information does an owner/operator/manager
need to provide to HMMS to develop the new NTVRP?
HMMS has developed a comprehensive questionnaire
which covers the required information and documentation, summarized
as follows:
Vessel particulars;
Vessel Capacity Plan (translated into English
if originally in another language);
General Arrangement (translated into English
if originally in another language);
Vessel communications numbers, email, mobile
phone (if available);
P&I and H&M underwriter details;
Class society;
Copy of valid USCG COFR;
Name and contact details of shore-based damage
stability provider (or party responsible for providing Damage
Stability calculations in an emergency);
Name of contracted Oil Spill Removal Organization
(OSRO);
Name of contracted salvage contractor;
Contact details for primary and secondary
company individuals to be contacted in the event of an emergency
and after business hours.
Identification of the contracted Qualified
Individual (QI) and Spill Management Team (SMT);
Implementation of the required training and
drills programs;
Original Plan Certification Statement.
THIS PRECEDING LIST IS SUBJECT TO CHANGE WHEN
THE ACTUAL REGULATIONS ARE PUBLISHED AND WILL BE UPDATED AS MAY
BE NECESSARY.
May the NTVRP be integrated and cross-referenced
with the CANTVCP to make a single plan?
Although it is permitted, we do not recommend
that the plans be combined for several reasons. The NTVRP is required
and approved by the US Coast Guard, a federal agency, while the
CANTVCP is required and approved by the Office of Spill Prevention
and Response (OSPR), a division of the California Department of
Fish & Game, a state agency. Such integrated plans are cumbersome,
difficult to update and maintain, and can be very confusing when
it becomes necessary to activate them.
Can the NTVRP be combined with a Shipboard
Oil Pollution Emergency Plan (SOPEP)?
This is permitted provided that the integrated
plan is properly cross-referenced, but it is not recommended for
the same reasons given above regarding integration with a California
Non-tank Vessel Contingency Plan (CANTVCP).
Will an approved NTVRP permit my vessel(s)
to enter all US waters?
Provided the NTVRP identifies and certifies
that resources are available by contract or other approved means
to adequately respond to an actual or potential oil pollution incident,
i.e. OSRO and salvage contractor, in a particular Captain of the Port (COTP)
Zone, and includes a geographic-specific appendix for that COTP
Zone, the vessel will be permitted to enter its waters. The approval
letter issued by the US Coast Guard will identify each approved
COTP Zone. Please note that another major federal requirement is
a valid Certificate of Financial Responsibility (CoFR) issued by
the US Coast Guard, which is required to enter any US waters.
As previously mentioned, some states (California,
Alaska, Oregon, Washington and Texas) have their own pollution prevention
and response regulations. California is currently the most stringent,
with its own requirements for approved Vessel Contingency Plans
and Certificates of Financial Responsibility.
When should an owner/operator/manager/manager
initiate the NTVRP preparation process to ensure their vessel(s)
are in compliance by the deadline and how much time is needed to
prepare and submit NTVRPs?
As with any new regulation, the compliance
process should start as soon as possible. The US Coast Guard is
aware that they will be inundated with plans to review and have
accordingly advised that the review process will take two (2) months.
That means we must have any required contracts executed and have
the plan completed and submitted to the US Coast Guard for review
by June 8, 2005. We strongly advise that you initiate the process
immediately and adhere to an optimal deadline of May 8, 2005. Prudent
foresight will preclude any unnecessary delays, detentions or expulsions
of your vessel(s).
Does the owner/operator/manager/manager have
to conduct an annual Spill Management Team Tabletop Exercise (TTX)?
Yes, a Spill Management Team Tabletop Exercise
(TTX) must be conducted once per year. The cost for the TTX is determined
by the type that the owner/operator/manager/manager chooses.
Contact Us:
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about our services, please feel free to contact
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