US: Nontank vessel response plans (NTVRP) *Update*

Right of Innocent Passage

Since August 2008 non-tank vessels have been required to have a vessel response plan when not on “innocent passage” in US waters.

The definition of “non-innocent passage” is when a vessel is bound to or departing from a place or port in the US, including transit through the EEZ of dependencies such as American Samoa.

Failure to have in place the vessel response plan may mean that the USCG will request the “Captain of the Port” to detain the ship until the USCG has issued the vessel with an “interim operating authorisation”.

For specific advice and information owners should contact, on a timely basis, their United States qualified individual/oil spill response management provider who will be able to provide them with specific details of the requirements of both the USCG and “Captains of the Port” areas.

27 August 2008:

O’Brien Oil Pollution Service, Inc. (OOPS), have issued Circular 020-08 to provide an update on the US Coast Guard NTVRP enforcement measures implemented following the 22nd of August deadline.

OOPS have expressed concern at the number of operational controls being imposed on vessels that have approved NTVRP’s but not yet received Interim Operating Authorisation (IOA).

OOPS report that enforcement has not been uniform across Captain of the Port Zones and have requested USCG officials modify internal enforcement guidance to ensure that operational controls are no longer issued to vessels with authorised plans in place.

Click here for OOPS Circular 020 – 08 

30 June 2008:

The USCG has issued a notice stating that with effect from the 22nd of August 2008, it will begin enforcing the requirements for owners and operators of nontank vessels operating in US waters to prepare and submit a nontank vessel response plan (NTVRP) in accordance with the requirements of the Coast Guard and Maritime Transportation Act of 2004.

Although the Act is applicable to self-propelled vessels of 400 GT or more carrying oil as fuel for main propulsion, interim enforcement will focus on the screening of nontank vessels of 1,600 GT or more prior to their port arrival. 

Click here for USCG guidance notes on plan completion

Click here for the USCG Notice

Click here for Black Rome Advisory Notice

3 August 2006:

Intercargo have advised that ships entering US ports should be able to show evidence of the submission of the response plan in order to avoid a deficiency item during PSC inspection in the US.

Non tank vessels may still operate to the US without an approved NTVRP but Intercargo reports that PSC inspectors may now issue a deficiency if a ship has not submitted NTVRP for approval.

Ships need to show a submittal acknowledgement fax or an interim operating approval letter and must have a hard copy of the submitted NTVRP on board to avoid a PSC deficiency.

The USCG is issuing two year interim authorization letters to owners/operators who have submitted their NTVRPs as required.

Until the USCG publishes regulations to enforce NTVRP requirements two year interim letters will be reissued in two year cycles.

Click here to see USCG guidelines for NTVRP Page 4 paragraph I for Interim Operating Authorisation

Click here for OOPS Circular 004-06: Mandatory Time Frames for Plan Submission

Source: Intercargo

15 August 2005:

The USCG has advised (24th June 2005) that there will be no enforcement of  requirements in the Coast Guard and Maritime Transportation Act 2004 (CGMTA 2004) for nontank vessels to to carry an oil pollution response plan (NTVRP) until regulations are in place.

CGMTA 2004 requires the USCG to issue regulations to enforce the NTVRP requirements but the USCG are assisting industry by delaying active enforcement.

Non tank vessels may operate to the US after 8th August 2005 without an approved NTVRP but the plan must be in place by the eventual issue date of the regulations.