U.S. Coast Guard Publishes Two Rules Related to Oil Pollution

Proposed rule for non-tank vessel response plans now out, as well as final rule for vessel, facility oil spill response plans.

• U.S. Coast Guard publishes proposed rule for non-tank vessel response plans.

WASHINGTON — The U.S. Coast Guard announced Monday the publication of a notice of proposed rulemaking designed to increase pollution response preparedness for non-tank vessels carrying oil as fuel upon U.S. waters.

The proposed rule, entitled "Nontank Vessel Response Plans and Other Vessel Response Plan Requirements," would establish the content of response plans for oil discharges, helping non-tank vessel owners and operators understand how to comply with preparation and submission requirements for response plans under the Coast Guard Maritime Transportation Act of 2004.

A non-tank vessel is defined as a self-propelled vessel of 400 gross tons or greater that is not a tank vessel, which operates on U.S. navigable waters carrying oil of any kind as fuel for main propulsion.

The International Shipboard Oil Pollution Emergency Plan requirements that apply to all non-tank vessels and certain tank vessels would also be updated by the proposed rule. Vessel owners and operators would be required to submit their vessel response plan control number as part of their notice of arrival information.

This proposed rule supports the U.S. Coast Guard's strategic goals of protection of natural resources and maritime mobility. It would also improve the U.S. pollution response, planning and preparedness posture by helping to mitigate environmental damage resulting from non-tank vessel marine casualties.

The U.S. Coast Guard encourages the public to participate in this rulemaking by submitting comments and related materials at http://www.regulations.gov, docket number USCG-2008-1070. All comments received will be posted without change.

• Coast Guard publishes final rule for vessel, facility oil spill response plans.

WASHINGTON — The U.S. Coast Guard's Marine Safety, Security, and Stewardship Directorate announced Monday publication in the Federal Register of a final rule designed to improve pollution-response preparedness for vessels and facilities carrying or handling oil upon the navigable waters of the United States.

This final rule, applicable upon all navigable waters of the U.S. including the exclusive economic zone and adjoining shorelines, updates Coast Guard requirements for oil-spill removal equipment associated with vessel response plans and marine transportation-related facility response plans. These regulatory updates add requirements for plan holders to use new response technologies and revise methods and procedures for oil spill response. The final rule is based on the Coast Guard’s ongoing review of these requirements.

This final rule follows consideration of public comments about its potential impact.

The Coast Guard is also revising the compliance date for updates to vessel response plans required by the Salvage and Marine Firefighting final rule published Dec. 31, 2008 (73 FR 80618). This new compliance date of Feb. 22, 2011, ensures plan holders will not be required to update their VRPs twice within a 12-month period.

The Coast Guard welcomes review of the final rule and its supporting documents, which may be found online at http://www.regulations.gov, docket number USCG-2001-8661.