I
106TH CONGRESS
2D SESSION
H. R. 5025
To amend title 46, United States Code, to require the adoption of response
plans for nontank vessels.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. DEFAZIO introduced the following bill; which was referred to the
Committee on Transporation and Infrastructure
A BILL
To amend title 46, United States Code, to require the
adoption of response plans for nontank vessels.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Maritime Safety Act
of 2000’’.
SEC. 2. ESTABLISHMENT OF REQUIREMENT FOR RESPONSE
PLANS FOR NONTANK VESSELS.
Subtitle II of title 46, United States Code, is
amended—
(1) in the analysis at the beginning of the sub-
title, by adding after the item relating to chapter
147 the following:
‘‘48. Response plans for nontank vessels ............................
4801’’;
and
(2) by adding at the end of part B the fol-
lowing:
‘‘CHAPTER 48—RESPONSE PLANS FOR
NONTANK VESSELS
‘‘Sec.
‘‘4801. Definitions.
‘‘4802. Application.
‘‘4803. General response plan requirement.
‘‘4804. Regulations.
‘‘4805. Submittal of response plans.
‘‘4806. Review and approval of response plans.
‘‘§ 4801. Definitions
‘‘In this chapter:
‘‘(1) The term ‘covered vessel’ means a vessel
to which this chapter applies.
‘‘(2) The term ‘maritime cooperative’ means
any association established by any combination of
owners or operators of marine terminals, marine fa-
cilities, or vessels, vessel agents, or maritime indus-
try groups, that provides oil spill response planning
and oil spill-related communications services.
‘‘(3) The term ‘response plan’ means a plan for
the prevention of oil spills and the containment and
cleanup of oil spills from the navigable waters of the
United States and for the protection of fisheries and
wildlife, natural resources, and public and private
property from such a spill.
‘‘§ 4802. Application
‘‘This chapter applies to any vessel over 300 gross
tons carrying oil as fuel on the navigable waters of the
United States, other than—
‘‘(1) a tank vessel; and
‘‘(2) a fishing vessel.
‘‘§ 4803. General response plan requirement
‘‘(a) After June 1, 2001, a vessel subject to this chap-
ter may not operate on the navigable waters of the United
States unless a response plan for that operation has been
approved by the Secretary and implemented.
‘‘(b) Approval of a response plan by the Secretary
under this section must be renewed at least once every
5 years.
‘‘§ 4804. Regulations
‘‘Not later than January 1, 2003, the Secretary shall
issue regulations establishing the minimum requirements
for approval of response plans required under this chapter.
The regulations shall require that each such response
plan—
‘‘(1) include complete details concerning the re-
sponse to oil spills of various sizes from vessels to
which the plan applies;
‘‘(2) to the maximum extent practicable, be de-
signed in terms of personnel, materials, and equip-
ment, necessary to remove oil and minimize any
damage to the environment resulting from a max-
imum probable spill and a worse case spill;
‘‘(3) describe how the response plan relates to
and is coordinated with contingency plans developed
by a State, cooperative, port, or regional entity;
‘‘(4) provide procedures for early detection of
an oil spill and timely notification of appropriate
Federal, State, and local authorities about the spill
in accordance with applicable State and Federal law;
‘‘(5) demonstrate ownership of or access to an
emergency response communications network that—
‘‘(A) covers all locations of operation or
transit by the vessel to which the response plan
applies; and
‘‘(B) provides for immediate notification
and continual emergency communications dur-
ing cleanup response;
‘‘(6) state the number, training preparedness,
and fitness of all dedicated, prepositioned personnel
assigned to implement the plan;
‘‘(7) incorporate periodic training and drill pro-
grams to evaluate whether the personnel and equip-
ment provided under the plan are in a state of oper-
ational readiness at all times;
‘‘(8) state the means of protecting and miti-
gating the effects of an oil spill on the environment;
‘‘(9) provide a detailed description of equip-
ment, training, and procedures to be used by the
crew of a vessel to minimize vessel damage, and to
stop or reduce oil spilling from the vessel;
‘‘(10) provide arrangements for prepositioning
oil spill containment and cleanup equipment and
trained personnel;
‘‘(11) provide arrangements for enlisting the
use of qualified and trained cleanup personnel to im-
plement the plan;
‘‘(12) provide for the disposal of recovered oil
in accordance with local, State, and Federal law;
‘‘(13) state the measures that have been taken
to reduce the likelihood that an oil spill will occur;
and
‘‘(14) state the amount and type of equipment
available to respond to a spill, where the equipment
is located, and the extent to which other response
plans rely on the same equipment.
‘‘§ 4805. Submittal of response plans
‘‘(a) A response plan under this chapter shall be sub-
mitted to the Secretary for each vessel to which this chap-
ter applies, within 12 months after the Secretary pre-
scribes regulations under this chapter.
‘‘(b) A response plan under this chapter for oper-
ations of a vessel may be submitted by—
‘‘(1) the owner or operator of the vessel, includ-
ing a person authorized to submit a plan under a
contract with the owner or operator pursuant to sub-
section (c);
‘‘(2) the owner or operator of any facility at
which the vessel will be loading or unloading its
cargo; or
‘‘(3) a qualified maritime cooperative in which
the owner or operator of the vessel is a participating
member.
‘‘(c)(1) A person that has contracted with the owner
or operator of a vessel to provide containment and cleanup
services for operations of the vessel and that meets the
standards prescribed by the Secretary under this chapter
may submit the response plan required under this chapter
for those operations.
‘‘(2) Subject to conditions imposed by the Secretary,
a person referred to in paragraph (1) may submit a single
plan under this chapter for more than one vessel with re-
spect to which the person is contractually obligated to pro-
vide containment and cleanup services.
‘‘(d)(1) A maritime cooperative may submit a re-
sponse plan under this chapter for a group of vessels
owned or operated by members of the cooperative.
‘‘(2) A maritime cooperative shall have a lien on a
vessel owned or operated by a member of the
cooperative—
‘‘(A) for any regular operating assessments
made by the cooperative with respect to the vessel;
and
‘‘(B) for any direct costs incurred by the coop-
erative in providing oil spill response or oil spill-re-
lated communications services for the vessel.
‘‘§ 4806. Review and approval of response plans
‘‘(a) In reviewing a response plan submitted under
this chapter, the Secretary shall consider, among other
matters, the following factors:
‘‘(1) The adequacy of containment and cleanup
equipment, personnel, communications equipment,
notification procedures, response time, and logistical
arrangements for coordination and implementation
of response efforts to remove oil spills promptly and
properly and to protect the environment.
‘‘(2) The nature and amount of vessel traffic
within the area covered by the plan.
‘‘(3) The volume and type of oil being trans-
ported within the area covered by the plan.
‘‘(4) The existence of navigational hazards
within the area covered by the plan.
‘‘(5) The history and circumstances sur-
rounding prior spills of oil within the area covered
by the plan.
‘‘(6) The sensitivity of fisheries and wildlife and
other natural resources within the area covered by
the plan.
‘‘(7) Relevant information on previous spills
contained in on-scene coordinator reports covered by
the plan.
‘‘(8) The extent to which reasonable, cost-effec-
tive measures to reduce the likelihood that a spill
will occur have been incorporated into the plan.
‘‘(9) The number of covered vessels calling in
and the facilities located in the geographic area and
the resulting ability of State and local agencies and
industry groups to develop, finance, and maintain a
response plan and spill response system for those
vessels.
‘‘(10) The spill response equipment and re-
sources available to a person providing a response
plan for vessels under the response plans filed by the
person under State or Federal law for other covered
vessels or facilities owned or operated by that per-
son.
‘‘(b) The Secretary may approve a response plan only
if the Secretary determines that the plan—
‘‘(1) meets the requirements established under
section 4804 of this title; and
‘‘(2) will ensure, to the maximum extent prac-
ticable, removal of oil promptly, properly, and with
minimal damage to the environment.
‘‘(c) On approval of a response plan, the Secretary
shall issue to the person that submitted the plan a certifi-
cate stating that the plan has been approved. The certifi-
cate shall include the name of each vessel for which the
certificate is issued, the effective date of the plan, and the
date by which the plan must be submitted for renewal.
‘‘(d) An owner or operator of a covered vessel or facil-
ity shall notify the Secretary in writing immediately of any
significant change affecting any response plan approved
for the vessel or facility under this chapter, including
changes in any factor set forth in this section or regula-
tions prescribed under this section. The Secretary may re-
quire the owner or operator to update a response plan as
a result of these changes.
‘‘(e) A holder of an approved response plan shall not
be considered to have violated the terms of the response
plan by furnishing to another person having a response
plan approved under this chapter, after notifying the Sec-
retary, equipment, materials or personnel to assist the
other person in a response to an oil discharge.
‘‘(f) The Secretary may impose any reasonable term
or condition on approval or modification of a response plan
under this chapter that the Secretary determines is nec-
essary to ensure that the applicant—
‘‘(1) has access to sufficient resources to pro-
tect environmentally sensitive areas and to prevent,
contain, clean up and mitigate potential oil dis-
charges from the vessel to which the plan applies;
‘‘(2) maintains personnel levels sufficient to
carry out emergency operations; and
‘‘(3) complies with the response plan.
‘‘(g) The Secretary may not approve or renew a re-
sponse plan under this chapter unless the plan ensures
the use by the applicant of the best technology available
at the time the response plan was submitted or renewed.
‘‘(h) The Secretary may require an applicant or a
holder of an approved response plan to take steps nec-
essary to demonstrate its ability to carry out the response
plan, including—
‘‘(1) periodic training;
‘‘(2) response team exercises; and
‘‘(3) verification of access to inventories of
equipment, supplies, and personnel identified as
available in the response plan.
‘‘(i)(1) The Secretary may delegate to a State the au-
thority to approve response plans under this chapter for
vessel operations in that State, to the extent that the laws
of the State establish response plan requirements that are
substantially similar to requirements established by the
Secretary under section 4804 of this title.
‘‘(2) This subsection does not authorize the Secretary
to delegate to a State the authority to regulate vessel de-
sign, construction, equipment, manning, training, or oper-
ational requirements.
‘‘(j) The approval of a response plan by the Secretary
does not constitute an express assurance regarding the
adequacy of the plan or constitute a defense to liability
imposed under Federal or State law.’’.
SEC. 3. LIMITS OF LIABILITY AND CERTIFICATES OF FINAN-
CIAL RESPONSIBILITY FOR NONTANK VES-
SELS.
Section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2703) is amended—
(1) by striking ‘‘$600’’ and inserting ‘‘$806’’;
and
(2) by striking ‘‘$500,000’’ and inserting
‘‘$672,000’’.
SEC. 4. VOYAGE DATA RECORDERS.
Section 3305 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(d)(1) A passenger vessel, small passenger vessel,
and freight vessel (including a foreign vessel) to which this
paragraph applies shall be equipped with a voyage data
recorder of a type prescribed by the Secretary. In pre-
scribing the type of voyage data recorder for a vessel, the
Secretary shall consider the type, size, and characteristics
of the vessel.
‘‘(2) Paragraph (1) of this subsection applies as fol-
lows:
‘‘(A) To any small passenger vessel certified by
the Secretary to carry more than 100 passengers, a
high speed commercial vessel, or a passenger vessel
built after June 30, 2002.