LOUISIANA MARITIME ASSOCIATION

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1 Date: October 29, 2013 NON-TANKS VESSELS RESPONSE PLAN REQUIREMENTS NON-TANK VESSELS OF 400 GROSS TONS AND ABOVE Key Agency: U. S. Coast Guard - Title 33, Code of Federal Regulations, Part 155, Subpart J Effective Date: Various (see below) 1. The Non-tank Vessel Response Plans and Other Response Plan Requirements (NTVRP) final rule, requires vessel owners or operators of non-tank vessels 400 gross tons and above to: a. By January 30, 2014 prepare and submit oil spill response plans for vessels operating on the navigable waters of the United States, and b. The submission of a Vessel Response Plan (VRP) Control Number with the vessel s advance notice of arrival. The VRP Control Number shall be submitted for both tank and non-tank vessels as part of the required notice of arrival. 2. Plan Submission. Since August 2008, the Coast Guard has been enforcing the statutory requirement to prepare and submit oil spill response plans for non-tank vessels 1,600 gross tons or greater and has been issuing 2-year Interim Operating Authorization (IOA) letters to demonstrate compliance. Existing IOAs will remain valid until the compliance date of January 30, 2014, or until they are replaced with a new approval letter or IOA that specifically refers to compliance with the new Subpart J regulations. Non-tank vessels with existing IOAs must resubmit their plan, with required revisions, for approval before the compliance date in order to receive a Subpart J compliant approval letter or IOA. Therefor, as reported, by 30 January, 2014 all non-tank vessels of 400 GT and above, and all non-tank vessels of 1600 GT and above with existing plans must submit a Vessel Response Plan (VRP) that: a. includes a Salvage and Marine Firefighting (SMFF) portion. b. Vessels carrying less than 250 barrels capacity (fuel and/or cargo) must just name an SMFF Provider in their plan. c. Vessels carrying 250 barrels or more must have a Pre-Fire Plan as part of their response plan. d. Vessels carrying over 2500 barrels must also sign a Funding Agreement. The funding agreement is pre-approved between the SMFF Provider and the Planholder.

2 3. Notice of Arrival Requirements. The Coast Guard s electronic notice of arrival (enoa) online form already requires a submitter to check a box when they have a non-tank VRP and provides a control number entry field when the box is checked in the affirmative. Non-tank vessels should continue to submit their VRP Control Number in this manner. At this time, no such prompt or entry field exists for tank vessels. Therefore, until an entry field is added to the enoa submission form for tank vessels, the Coast Guard advises tank vessel owner or operators to list their tank VRP Control Numbers in the enoa comments field. 4. The Coast Guard will enforce this new enoa submission requirement by the following timelines: a. October 30, 2013 Tank Vessels. b. October 30, 2013 Non-tank Vessels - 1,600 GT or greater (Use VRP Control Number listed in existing IOAs). c. January 30, 2014 Non-tank Vessels 400 GT or more but less than 1,600 gross tons. 5. Plan submission procedures are attached. Ronald W. Branch Captain, USCG (Ret.) President Louisiana Maritime Association Attachments: Procedures for Plan Submission and Approval Application for Approval/Revision of Vessel Pollution Response Plans (CG 6083) 2

3 Procedures for Plan Submission and Approval. (a) An owner or operator of a nontank vessel, to which this subpart applies, must submit one complete English language copy of a vessel response plan (VRP) to: Commandant (CG CVC), Office of Commercial Vessel Compliance, U.S. Coast Guard nd St. SW. Stop 7581 Washington, DC Attn: Vessel Response Plan Review Team The VRP must be submitted at least 60 days before the vessel intends to operate upon the navigable waters of the United States. (b) The owner or operator of a nontank vessel must include a statement certifying that the VRP meets the applicable requirements of this subpart and the requirements of subparts D, E, F, and G, if applicable. The vessel owner or operator must also include a statement certifying that the vessel owner or operator has ensured the availability of, through contract or other approved means, the necessary private response resources to respond, to the maximum extent practicable, to a worst case discharge or substantial threat of such a discharge from their vessel as required under this subpart. VRPs should be submitted electronically by using the Vessel Response Plan Electronic Submission Tool available at If vessel owners or operators submit VRPs in paper format, CG Form Application for Approval/Revision of Vessel Pollution Response Plans (CG 6083) located at: meets the requirement for a VRP certification statement as required by this paragraph. (c) If the Coast Guard determines that the VRP meets all requirements of this subpart, the Coast Guard will notify the vessel owner or operator with an approval letter. The VRP will be valid for a period of 5 years from the date of approval, conditional upon satisfactory annual updates. (d) If the Coast Guard reviews the VRP and determines that it does not meet all of the requirements of this subpart, the Coast Guard will notify the vessel owner or operator of the VRP deficiencies. The vessel owner or operator must then resubmit a copy of the revised VRP or corrected portions of the VRP, within the time period specified in the written notice provided by the Coast Guard. 3

U.S. DEPARTMENT OF HOMELAND SECURITY OMS Approval No. 1625-0066 U.S. Coast Guard Exp.

4 U.S. DEPARTMENT OF HOMELAND SECURITY OMS Approval No U.S. Coast Guard Exp. Date: 08/31/2013 APPLICATION FOR APPROVAUREVISION OF VESSEL POLLUTION RESPONSE PLANS COMMANDANT, (CG-5431) Submission Date VRP Control Number ATTN VESSEL RESPONSE PLANS U.S. COAST GUARD 2100 SECOND ST. SW STOP 7581 Vessel Name Vessel Identification NumberllMO WASHINGTON, DC Number FAX (202) PLAN HOLDER (Company and POC) 1a. ADDRESS 1b. TELEPHONE 1c. FAX 1d. 2. PLAN PREPARER 2a. ADDRESS 2b. TELEPHONE 2c. FAX 2d. 3. PLAN TYPE (Check all that apply); 4. SUBMISSION TYPE (Check all that apply); 5. Cargo Type (Check all that apply); DVessel Response Plan for Oil (Subpart D) DOriginal or New Plan Submission DPrimary Carrier DRevision (Revision Number: ) 01 omanned DAdd/Delete COTP Zone o Unmanned ochange in Owner/Operator 011 DSecondary Carrier (33CFR (c)(1)) DTanker Loading Cargo at a Facility ovessel Name Change 0111 Permitted under the Trans-Alaska Pipeline DAdd/Change Oil Group Carried Authorization Act (Subpart E) oosro Change OIV OVessel Carrying Animal Fats and DQI Change Vegetable Oils as Primary Cargo (Sub F) oadd/delete Vessel DV DVessel Carrying other Non-Petroleum Oils ochange or Correction as a Primary Cargo (Subpart G) DAnnual Review onontank Vessel Response Plan (NTVRP) DPlan Deactivation OFFICE USE ONLY OShipboard Oil Pollution Emergency Plan DPlan Reactivation (SOPEP) oresubmission Date Received: OShipboard Marine Pollution Emergency 05 Year Re-Approval Due Date: Plan for Noxious Liquid Substances DChange in Owner/Operator (SMPEP) (33CFR (b)(2)) Date Completed: OOther (Please explain below) DNontank VRP Recertification (2 Year) OOther (Please explain below) WCD: 6. OTHER EXPLAINED 7. VESSEL RESPONSE PLAN CERTIFICATION AND AUTHORIZATION: (ensure signature and name is legible) I, (print name), certify that this submission meets all applicable requirements set forth in 33CFR155 I subpart 0/ subpart E / subpart F / subpart G I subpart I I, and/or, 33 U.S.C. 1321(j) (5), as applicable, and that I have identified and ensured the availability of, through contract or other approved means, the necessary private resources to respond to the maximum extent practical, a worst case discharge or a substantial threat of such a discharge from the vessel. (See 18 U.S.C. 1001) Authorizing Signature: Date: 8. I, as the plan holder, authorize plan preparation company: to act on my behalf regarding all vessel response plan related correspondence. Print: Signature: NOTE: 1. This applicationand attachmentsmay be faxed to (202) or edto VRP@USCG.MIL providing that faxes are less than 15 pages and electronic documents are less than 15 pages and less than 1.5 megabytes. 2. Submissionsexceedingthis size mav be submittedonlineat homeoort.uscq.mil/vroexoress. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMS control number. The Coast Guard estimates that the average burden for this report is 10 minu1es. You may submit any comments conceming the accuracy of this burden or any suggestions for reducing the burden to: Commandant (CG-5431), U.S. Coast Guard Paperwork Reduction Project ( ), Washington, DC

9. COMMENTS Privacy Act Statement a. Authority: 5 U.S.C. 301; 14 U.S.C. 89a; 14 U.S.C. 93(a) and (c); 14 U.S.C 632; the Federal Records Act; 33 U.S.C. 1228; 33 U.S.C.1321UJ(5); 33 CFR 151 and 155. b.

5 9. COMMENTS Privacy Act Statement a. Authority: 5 U.S.C. 301; 14 U.S.C. 89a; 14 U.S.C. 93(a) and (c); 14 U.S.C 632; the Federal Records Act; 33 U.S.C. 1228; 33 U.S.C.1321UJ(5); 33 CFR 151 and 155. b. Purpose: to coordinate the review and issuance of approval for a Vessel Response Plan or MARPOL 73n8 Shipboard Oil Pollution Emergency Plan/Shipboard Marine Pollution Emergency Plan. c. Routine Uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the Department of Homeland Security as a routine use pursuant to 5 U.S.C.552a(b)(3) as follows: in accordance with DH/USCG-013 Marine Information for Safety and Law Enforcement (MISLE) System of Records. d. Disclosure: Completion/furnishing of this form is VOLUNTARY. However, failure to provide the requested information may result in a delay or the inability to process or approve your Application for ApprovaVRevision of Vessel Pollution Response Plans and delay and/or prevent vessel operation in U.S. waters and/or overseas. INTRODUCTION: This application is offered as an optional replacement or supplement to subrnitting a cover letter. Submissions exceeding this size rnay be subrnitted online at homeport.uscg.mil/vrpexpress. This application is intended to: simplify the plan subrnission process for industry, simplify the review process for Coast Guard personnel, and promote a standardized procedure in an attempt to reduce the arnount of tirne required for the review process. When submitted properly, this application meets the requirement for a Vessel Response Plan certification statement as required by 33 CFR (b). This application may be submitted with the plan(s) or revision(s) to the Vessel Response Plan Program (CG-5431) COMMANDANT (CG-5431), ATTN VESSEL RESPONSE PLANS, US COAST GUARD, ND ST SW STOP 7581, WASHINGTON, DC To ensure Coast Guard receipt of your plan or revisions it is recommended that items be sent via trackable means such as a courier service or the Postal Service's Registered Mail system. This application may be submitted by facsimile to and electronic mail only if the total submission is no greater than 15 pages per week and less than 1.5 megabytes. If this application is faxed or ed to VRP@USCG.MIL and is intended to act as a valid certification statement, please ensure that a legible signature is provided. INSTRUCTIONS BLOCK 1: Enter the Plan Holder information. Include company name and point of contact. BLOCK 1a.: Enter the address for the Plan Holder. Include: street, city, state/province, and zip/postal code. BLOCK 1b.: Enter the telephone number for the Plan Holder point of contact. Include country and area code as applicable. BLOCK 1c.: Enter the fax number for the Plan Holder point of contact. Include country and area code as applicable. BLOCK 1d.: Enter a valid address for the Plan Holder point of contact if available. BLOCK 2: Enter the Plan Preparer information. Include company name and point of contact or plan writer. If the subject plan is prepared by the Plan Holder, select the "Same as block 1" option BLOCK 2a.: Enter the address for the Plan Preparer. Include: street, city, state/province, and zip/postal code. BLOCK 2b.: Enter the telephone number for the Plan Preparer. Include country and area code as applicable. BLOCK 2c.: Enter the fax number for the Plan Preparer. Include country and area code as applicable. BLOCK 2d.: Enter a valid address for the Plan Preparer if available. BLOCK 3: Select the type(s) of plan(s) to be submitted with this application. BLOCK 4: Select the type(s) of submission(s) enclosed with this application. BLOCK 5: Select the type(s) of cargo the vessel(s) are carrying. BLOCK 6: Explain in detail any submission that is not covered above. BLOCK 7: For Vessel Response Plans: The vessel owner or operator (as defined in 33 CFR ) should read and sign the certification to indicate the submitted plan meets the requirements of 33 CFR 155 subpart D, E, F, G or I (as applicable) for the vessel(s) listed. Certification indicates the vessel owner or operator accepts responsibility for the compliance of the vessel(s) in the event of an incident or marine casualty. Certification statements must be submitted in accordance with 33 CFR (b) and 33 CFR o(d). BLOCK 8: For Vessel Response Plans: The vessel owner or operator (as defined in 33 CFR ) should read and sign the statement giving the contracted plan preparer ability to act on the owner/operator's behalf regarding plan related correspondence. BLOCK 9: Space for additional comments and suggestions. CG-6083 (8/11) Page 2 of2

Nontank Vessel Response Plans (NTVRP) Frequently Asked Questions December 2, 2013 (Updated January 27, 2014)

Nontank Vessel Response Plans (NTVRP) Frequently Asked Questions December 2, 2013 (Updated January 27, 2014) If there is a discrepancy between this document and the regulations, the regulations control.