U.S.A. – response plans for non-tank vessels 18 March 2005 No.520 On February 4, 2005 the U.S. Coast Guard(USCG)issued interim guidance for the development and review of oil spill response plans for non-tank vessels. For your easy reference, we are summarizing the key points hereunder. The guidance, Navigation and Vessel Inspection Circular No.01-05 is available on the following USCG's website. http://www.uscg.mil/hq/g-m/nvic/NVIC%2001-05.doc.pdf 1.Statutory deadline for submission On August 9, 2004 the Coast Guard and Maritime Transportation Act of 2004(The Act)was enacted. The Act amends a part of the Federal Water Pollution Control Act(FWPCA)to require the USCG to issue regulations that require an owner or operator of a non-tank vessel to prepare and submit to the USCG a plan for responding to the oil spill. Section 701(c) of the Act also requires that these response plans be prepared and submitted to the USCG no later than one year after the date of enactment of the Act, i.e. by August 8, 2005.   2.Definition of non-tank vessels Non-tank vessel is defined as a self-propelled vessel of 400 gross tons or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that is either a vessel of the United States or a foreign vessel that operates on the navigable waters of the United States.   3.The contents to be incorporated Under the amended FWPCA a response plan must -   1) Be consistent with the requirements of the National Contingency Plan and AreaContingency Plans;   2) Identify the qualified individual having full authority to implement removal actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to paragraph3) below;   3) Identify and ensure by contract or other means approved by the USCG the availability of private personnel and equipment necessary to remove to the maximum extent practicab