From: Subject: FR Doc E8-14115 Date: Tue, 24 Jun 2008 11:41:14 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-14115.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-14115 
[Federal Register: June 23, 2008 (Volume 73, Number =
121)]
[Notices]              =20
[Page 35405-35406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn08-59]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-0436]

=20
Nontank Vessel Response Plan Enforcement

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Coast Guard is issuing this notice to inform U.S. and=20
foreign flag nontank vessel owners and operators that effective August=20
22, 2008, we will begin enforcing the requirement to prepare and submit=20
a nontank vessel response plan (NTVRP) for certain nontank vessels, as=20
required by the Coast Guard and Maritime Transportation Act of 2004.

DATES: The policy announced in this document will become effective=20
August 22, 2008. Comments and related materials must reach the Docket=20
Management Facility on or before July 23, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket=20
number USCG-2008-0436 to the Docket Management Facility at the U.S.=20
Department of Transportation. To avoid duplication, please use only one=20
of the following methods:
    (1) Online: http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of=20
Transportation, West Building Ground Floor, Room W12-140, 1200 New=20
Jersey Avenue, SE., Washington, DC 20590.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West=20
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9=20
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The=20
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: For questions on this policy, contact=20
Lieutenant Jarrod DeWitz, U.S. Coast Guard, telephone 202-372-1219 or=20
vrp@uscg.mil. If you have questions =
on viewing or submitting material=20
to the docket, please call Ms. Renee V. Wright, Program Manager, Docket=20
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to submit comments and related materials about the=20
enforcement policy announced in this notice. All comments received will=20
be posted, without change, to http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov and will=20
include any personal information you have provided.
    If you submit a comment, please include the docket number for this=20
notice (USCG-2008-0436), indicate the specific section of this document=20
to which each comment applies, and give the reason for each comment. We=20
recommend that you include your name and a mailing address, an e-mail=20
address, or a phone number in the body of your document so that we can=20
contact you if we have questions regarding your submission.
    You may submit your comments and materials by mail, hand delivery,=20
fax, or electronic means to the Docket Management Facility listed under=20
ADDRESSES. If you choose to submit them by mail or hand delivery,=20
submit them in an unbound format, no longer than 8 \1/2\ by 11 inches,=20
and suitable for copying and electronic filing. If you submit them by=20
mail and would like to know if they reached the Facility, please=20
enclose a stamped, self-addressed postcard or envelope. We will=20
consider all comments and materials received during the comment period.

Background and Purpose

    Section 701 of the Coast Guard and Maritime Transportation Act of=20
2004 (CGMTA), Pub. L. 108-293, amended section 311(j)(5)of the Federal=20
Water Pollution Control Act (FWPCA), 33 U.S.C. 1321(j)(5), and required=20
owners and operators of nontank vessels to prepare and submit by August=20
9, 2005, plans for responding: (1) To a worst case discharge; and (2)=20
to a substantial threat of such a discharge of oil from their vessels.=20
A nontank vessel is defined as a self-propelled vessel of 400 gross=20
tons or greater, which carries oil as fuel for main propulsion and=20
operates on the navigable waters of the United States. Vessels that=20
carry oil as primary or secondary cargo are currently regulated under=20
33 CFR part 155, subpart D, and are not subject to this notice. The=20
2004 Act also requires promulgation of regulations that prescribe the=20
content and submission of the nontank vessel response plans.
    The Coast Guard and Maritime Transportation Act of 2006 (Pub. L.=20
109-241) clarified that nontank vessel response plans are required for=20
vessels of 400 gross tons or greater as measured under the=20
International Convention on Tonnage Measurement of Ships, 1969,=20
measurement system in 46 U.S.C. 14302, or the regulatory measurement=20
system of 46 U.S.C 14502 for vessels not measured under 46 U.S.C.=20
14302.
    Since the passage of the 2004 Act, the Coast Guard has published=20
Navigation and Vessel Inspection Circular (NVIC) 01-05 CH 1 and a=20
Federal Notice on June 24, 2005 (70 FR 36649) providing guidance with=20
respect to enforcement of these requirements. NVIC 01-05 CH 1 also=20
provides guidance to vessel owners and operators regarding the=20
development of NTVRPs to meet the intent of the 2004 Act for the=20
immediate submission of NTVRPs and for the Coast Guard's issuance of 2-
year interim operating authorizations pending issuance of a final rule.
    Considering that some nontank vessels still have not submitted a=20
NTVRP to the Coast Guard and that the risks associated with oil spills=20
from large nontank vessels similar to the November 7, 2007, COSCO BUSAN=20
oil spill in San Francisco Bay, the Coast Guard will, effective August=20
22, 2008, begin actively enforcing the 2004 Act by screening all=20
nontank vessels prior to their port arrival for the submission of=20
NTVRPs. In an effort to devote our enforcement resources to those=20
nontank vessels that pose the greatest risk in the event of a worst=20
case discharge, this interim enforcement policy will focus on those=20
nontank vessels of 1,600 gross tons or greater. For such vessels=20
without a properly submitted plan, operational controls will be placed=20
on the vessels by the Captains of the Port (COTP) under the authority=20
of regulations in 33 CFR

[[Page 35406]]

160.111 issued under the Ports and Waterways Safety Act.
    Nontank vessels less than 1,600 gross tons are considered to pose=20
less of a threat, in part because of the smaller quantities of fuel=20
carried and the light weight or distillate fuel oil that they generally=20
use. Under section 701 of the 2004 Act, these vessels are still=20
required to submit NTVRPs consistent with 33 U.S.C. 1321(j)(5).
    Until NTVRP regulations are issued and in effect, the Coast Guard=20
will continue to issue 2-year interim operating authorization letters=20
for NTVRPs meeting the requirements found in 33 U.S.C. 1321(j)(5)(D).=20
Vessel owners or operators of a nontank vessel shall ensure that the=20
plan:
    (1) Is consistent with the requirements of the National Contingency=20
Plan and Area Contingency Plans;
    (2) Identifies the qualified individual having full authority to=20
implement removal actions, and requires immediate communications=20
between that individual and the appropriate Federal official and the=20
persons providing personnel and equipment;
    (3) Identifies, and ensures by contract or other means approved by=20
the President the availability of private personnel and equipment=20
necessary to remove to the maximum extent practicable a worst case=20
discharge (including a discharge resulting from fire or explosion), and=20
to mitigate or prevent a substantial threat of such a discharge;
    (4) Describes the training, equipment testing, periodic unannounced=20
drills, and response actions of persons on the vessel or at the=20
facility, to be carried out under the plan to ensure the safety of the=20
vessel or facility and to mitigate or prevent the discharge, or the=20
substantial threat of a discharge;
    (5) Is updated periodically; and
    (6) Is resubmitted for approval of each significant change.
    Vessel owners and operators are encouraged to submit plans in=20
accordance with the guidance of NVIC 01-05 CH 1. Plans submitted to the=20
Coast Guard consistent with this guidance will facilitate issuance of=20
interim operating authorizations.
    Once plans are received for review, the Coast Guard will issue an=20
acknowledgement receipt. For plans that do not meet the elements=20
described above, the Coast Guard will send the owner or operator a=20
revision request identifying the deficient elements. If the Coast Guard=20
finds the elements of a response plan to be not in compliance with the=20
requirements of 33 U.S.C. 1321(j)(5)(D) as amended by the 2004 Act, the=20
Coast Guard may initiate vessel operational controls under authority of=20
33 U.S.C. 1233 and 33 CFR 160.111.
    The Coast Guard is interested in receiving comments on this policy=20
notice.

    Dated: June 18, 2008.
Brian M. Salerno
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,=20
Security And Stewardship.
 [FR Doc. E8-14115 Filed 6-20-08; 8:45 am]

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