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15 October 2010 TO ALL MEMBERS Dear Sirs US Vessel Response Plans - Salvage and Marine Firefighting Requirements Final Rule - 31 December 2008 Deadline for implementation - 22 February 2011 - Update Salvage Agreements This circular applies to owners of tank vessels carrying oil calling at US ports. We refer to Circular No 5:412 of 25 August 2010 concerning the above, which provided a list of salvor contracts/funding agreements which had been reviewed by the International Group. On 27 September 2010 the US Coast Guard published Navigation and Vessel Inspection Circular **(NVIC) No. 2-10** providing guidance for the implementation and enforcement of the requirements under the Final Rule. This NVIC can be found using the following link and instructions for access: www.uscg.mil/vrp - select “What’s new?” and then **NVIC 2-10** The NVIC provides a summary of the procedural steps necessary for updating owners’ existing vessel response plans as well as appendices containing answers to frequently asked questions and a glossary of terms. We regret that in the previous circular there was an error in Annex 4 which contained a technical comparison of the contracts reviewed and a rate comparison. On page 4 there was an error under “contract” in the first two columns. In addition T&T Bisso has published some new rates which came into effect on 1 September 2010. A revised Annex 4 is attached updated and amended where relevant. The amendments are shown in yellow. There has been a small amendment to the DonjonSmit contract and this has been reissued with a new footer. The current salvor contracts/funding agreements which have been reviewed by the International Group and found to conform with the Vessel Response Plan salvage guidelines are the following: DonjonSmit – July 2010, Version 1.1 on page 1 and Version 1.0 on subsequent pages MRA – Dated 2 August 2010 Resolve – Dated 14 June 2010 T&T Bisso – Non US – 22 April 2010; US – 15 June 2010 Yours faithfully A BILBROUGH & CO LTD (MANAGERS) All Clubs in the International Group are issuing similar circulars. 5:417 ANNEX 4 - IG Rate Comparison TECHNICAL COMPARISON OF CONTRACT TERMS DONJON-SMIT July 2010, Version 1.1 on page 1 and Version 1.0 on subsequent pages (1) Category 1 - vessel adrift TOWHIRE SCOPIC rates with 20% uplift, out-of-pocket expenses at cost plus 15% 1.5 times retail price cap included, and 50% standby rate if not used New York Arbitration (2) Category 2 - lightly aground WRECKHIRE SCOPIC rates with 50% uplift, out-of-pocket expenses at cost plus 15% 1.5 times retail price cap included, and 50% standby rate if not used New York Arbitration (3) Category 3 - major casualty LOF2000 with SCOP IC incorporated [If Clause invoked] SCOPIC rates and uplift (25%) 1.5 times retail price cap included, and 50% standby rate if not used English law, Lloyd’s arbitration Owners’ right to appoint an owners’ representative is included. Insurance terms are included. MARINE RESPONSE ALLIANCE Dated 2 August 2010 In-house tariffs with a range of rates depending on which entity is brought in. The entities are: • Marine Pollution Control Corp. for Emergency Lightering • Marine Hazard Response for Firefighting • Titan Salvage LLC for Marine Salvage Operations with Crowley Maritime Services tug rates The rates are the various in-house tariff s with no caps and no standby rates. New York Arbitration Owners’ right to appoint an owners’ representative is included. Insurance terms are included. RESOLVE Dated 14 June 201
US Vessel Response Plans - Salvage and Marine Firefighting Requirements Final Rule - 31 December 2008
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