Trading to the USA
Members will be aware of the numerous regulatory requirements that come with trading to the United States and US Territories. These include both federal and state-specific obligations. The Club has created a short guide as a tool to assist Members with their most frequently asked questions.
US Regulation is complex and not every requirement is listed here. Many Members choose to use specialist companies within the US to assist with compliance.
Please note that guidance is given below to pollution prevention and response, however, the reader seeking more detailed information on OPA 90 and pollution in the US should consult the OPA 90 FAQ document, individual US state pollution guides and Waypoints article on NRDA.
Vessels trading in US navigable waters must provide evidence of financial responsibility in the form of a certificate of financial responsibility (“COFR”). This requirement is set out in the US Pollution liability legislation, OPA `90 which reads:
The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
The value of the security will be for the maximum liability defined by OPA 90. The limits increased on 23 March 2023, as follows:
In order to evidence an ability to pay in the event of discharge of oil or hazardous substances as part of the application process, the operator must arrange for guarantee coverage through appropriate USCG-approved providers. Please note that International Group (IG) P&I Clubs do not provide US COFRs. The guarantor will require confirmation of pollution cover from a vessel’s P&I Club in the form of a standard letter, which IG Clubs are willing to provide.
COFR’s are administered by the National Pollution Funds Center.
The NPFC no longer issue paper certificates, but rather lists the COFR on their website with a remark that it is ‘valid and current’. Once issued, a COFR is valid for 3 years, provided the guarantee remains in place. The Guarantee must be renewed annually. A new COFR must be obtained in the event the name of the operator or applicant changes, as this invalidates an existing COFR. A COFR will also become invalid upon a vessel changing name, necessitating a new application.
The COFR requirement also applies to Puerto Rico, the Northern Marianas, Guam, American Samoa and the U.S. Virgin Islands.
In addition to the Federal COFR requirements, further state specific requirements for financial responsibility exist. A table of those requirements can be found here.
Please also see our state specific Pollution Guides.
US states may also have liability statutes that differ from OPA 90. This includes different reporting requirements, and tests for breaking limitation. Please find a comparison table here, for guidance.
The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
The value of the security will be for the maximum liability defined by OPA 90. The limits increased on 23 March 2023, as follows:
| Category | Previous Limit of Liability | New Limit of Liability |
| (1) The OPA 90 limits of liability for tank vessels, other than edible oil tank vessels and oil spill response vessels, are: | ||
| (i) For a single-hull tank vessel greater than 3,000 gross tons* | The greater of $3,700 per gross ton or $27,422,200 | The greater of $4,000 per gross ton or $29,591,300 |
| (ii) For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel | The greater of $2,300 per gross ton or $19,943,400 | The greater of $2,500 per gross ton or $21,521,000 |
| (iii) For a single-hull tank vessel less than or equal to 3,000 gross tons | The greater of $3,700 per gross ton or $7,478,800 | The greater of $4,000 per gross ton or $8,070,400. |
| (iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel | The greater of $2,300 per gross ton or $4,985,900 | The greater of $2,500 per gross ton or $5,380,300 |
| (2) The OPA 90 limits of liability for any vessel other than a vessel listed above, including for any edible oil tank vessel and any oil spill response, vessel, are: | The greater of $1,200 per gross ton or $997,100 | The greater of $1,300 per gross ton or $1,076,000 |
In order to evidence an ability to pay in the event of discharge of oil or hazardous substances as part of the application process, the operator must arrange for guarantee coverage through appropriate USCG-approved providers. Please note that International Group (IG) P&I Clubs do not provide US COFRs. The guarantor will require confirmation of pollution cover from a vessel’s P&I Club in the form of a standard letter, which IG Clubs are willing to provide.
COFR’s are administered by the National Pollution Funds Center.
The NPFC no longer issue paper certificates, but rather lists the COFR on their website with a remark that it is ‘valid and current’. Once issued, a COFR is valid for 3 years, provided the guarantee remains in place. The Guarantee must be renewed annually. A new COFR must be obtained in the event the name of the operator or applicant changes, as this invalidates an existing COFR. A COFR will also become invalid upon a vessel changing name, necessitating a new application.
The COFR requirement also applies to Puerto Rico, the Northern Marianas, Guam, American Samoa and the U.S. Virgin Islands.
In addition to the Federal COFR requirements, further state specific requirements for financial responsibility exist. A table of those requirements can be found here.
Please also see our state specific Pollution Guides.
US states may also have liability statutes that differ from OPA 90. This includes different reporting requirements, and tests for breaking limitation. Please find a comparison table here, for guidance.
Ballast Water Management
The US is not a party to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments. Instead, requirements are set out in 33 CFR Part 151, Subpart D.
Reporting requirements are set out at 151.2060 and apply regardless of whether a vessel operated outside of the EEZ. In short, a ballast water report must be sent no later than 6 hours after arrival at a port or place of destination (or prior to departure from that port or place, whichever is earlier) to the National Ballast Information Clearinghouse by electronic form via NBIC’s website here. The notice period differs considerably for vessels:
- bound for the Great Lakes from outside the EEZ, 24 hours before arrival in Montreal
- for vessels bound for the Hudson River north of George Washington Bridge entering from outside the EEZ, 24 hours before the vessel enters New York, NY.
Record keeping requirements are set out in s151.2070 and are strictly enforced. These must be readily available to be viewed by the Coast Guard during an inspection. Fines for non compliance can reach US$35,000, and there are also criminal liabilities that can arise from knowingly violating ballast water regulations.
Individual states and territories also have their own notice requirements and ballast water management regulations. There are additional requirements in California, Michigan, Maine, Minnesota, New York, Oregon, Ohio, Rhode Island, Texas, Virginia, Washington, Northern Mariana Islands, American Samoa, Great Lakes, Wisconsin, Guam and Hawaii.
No Discharge Zones
Members should be aware that some states have declared ‘No Discharge Zones’ for vessel sewage. These zones are listed by state on the Environmental Protection Agency’s website, here.
USDA Special Procedures for Suspect Asian Gypsy Moth (now renamed ‘Flighted Spongy Moth Complex’) Ships
Requirements have been set jointly by the United States Department of Agriculture (USDA) and Canadian Food Inspection Agency (CFIA).
The Asian Gypsy Moth has now been renamed the ‘Flighted Spongy Moth Complex’(“FSMC”). FSMC is a highly destructive forest pest that feeds on both deciduous and coniferous trees.
The voracious appetite of FSMC larvae (caterpillars) coupled with the ability of the female moth to travel significant distances (as much as 20 nautical miles) can cause widespread defoliation leaving trees weakened and susceptible to disease and other pests.
FSMC is found primarily in Asia or Russia with a high risk of FSMC egg infestation of vessels calling at ports in Korea, Northern China (north of Shanghai; ports north of latitude 31˚15’N), and in particular the Russian Far East and Japan during the flight season of the female moth.
For vessels that have called in areas regulated for FSMC during specified risk periods set by the USDA and CFIA, the following measures are required:
1. Vessels should be inspected and certificated free of by a recognised certification body
2. Vessels must arrive in North American ports free from FSMC
3. Vessels must provide two-year port of call data at least 96 hours prior to arrival in a North American Port, to the vessel’s agent. The agent is then to ensure this information is provided to officials.
The USDA’s full guidance and detailed description of ‘risk periods’ is set out here. For any further queries please contact the Loss Prevention department.
Emission Control Areas
Strict Emission Control Areas (“ECA”) have been established along the US Coast by MARPOL Annex VI, and enacted in the US in 40 CFR Part 1043.
Vessels operating in ECAs are required to burn low sulphur fuel oil, with sulphur content of no more than 0.1% or meet requirements by other means, like through the use of scrubbers.
In the event compliant fuel is not available, MARPOL Annex VI Reg 18.2.4 requires the vessel to notify the competent authority of the relevant port of destination by notifying the USCG Captain of the Port. Fuel Oil Non-Availability Reports are no longer accepted.
Vessels calling at ports falling within US jurisdiction may expect the engine room log book, Oil Record Book, bunker delivery notes, bunker Material Safety Data Sheets (MSDS) and other certification and documentation to be examined during routine Port State Control inspections to verify compliance with requirements. It is therefore essential that accurate records are maintained, particularly the specification of the fuel consumed within the ECA and details of fuel switching operations. For further information please see the US Environmental Protection Agency guidance documents related to Marpol Annex VI.
Vessel General Permit (“VGP”)- 2018 VIDA Requirements
The VGP originated from the Environmental Protection Agency’s duty to regulate discharge of pollutants within US Waters. US Regulation requires anyone who wants to discharge any of the 27 regulated discharges to obtain a permit in order to do so legally. Since 2008, a Vessel General Permit has been in effect for commercial vessels over 79 feet in length. In 2018, a new act, VIDA (Vessel Incidental Discharge Act) provided that the EPA and USCG create new requirements but that in the interim the 2013 VGP system would apply.
NOIs submitted prior to VIDA 2018 continue to provide required VGP coverage.
A new NOI is only required to correct any mistakes or to provide any information updates. Vessels are required to submit a NOI no later than seven days prior to operating in US waters (defined as within 3 miles of shore for the purpose of this system) that are subject to the permit system.
The 2013 VGP provides two options for vessel owners/operators to obtain permit coverage:
1. Notice of Intent (NOI) – Vessels of 300 gross tons or more or that have the ability to hold or discharge more than eight cubic meters of ballast water must submit an NOI to obtain permit coverage. The NOI must be submitted electronically using EPA’s 2013 VGP eNOI system.
2. Final 2013 VGP Permit Authorization and Record of Inspection (PARI) Form – Vessels less than 300 gross tons and that do not have the capacity to hold or discharge more than eight cubic meters of ballast water are not required to submit an NOI. Instead, operators of these vessels must complete a PARI Form (Fill and Print), as provided in Appendix K of the 2013 VGP, and keep a copy of that form onboard the vessel at all times. Doing so provides coverage under the 2013 VGP for these vessels.
To comply with the VGP vessels must also meet any further requirements set by individual states. Annual audits of all discharges made under the VGP are required, as well as various other testing requirements. The EPA have published notices warning that enforcement action will be taken for lack of compliance with the VGP system.
For more information on the VGP system, see the EPA’s site here.
The US is not a party to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments. Instead, requirements are set out in 33 CFR Part 151, Subpart D.
Reporting requirements are set out at 151.2060 and apply regardless of whether a vessel operated outside of the EEZ. In short, a ballast water report must be sent no later than 6 hours after arrival at a port or place of destination (or prior to departure from that port or place, whichever is earlier) to the National Ballast Information Clearinghouse by electronic form via NBIC’s website here. The notice period differs considerably for vessels:
- bound for the Great Lakes from outside the EEZ, 24 hours before arrival in Montreal
- for vessels bound for the Hudson River north of George Washington Bridge entering from outside the EEZ, 24 hours before the vessel enters New York, NY.
Record keeping requirements are set out in s151.2070 and are strictly enforced. These must be readily available to be viewed by the Coast Guard during an inspection. Fines for non compliance can reach US$35,000, and there are also criminal liabilities that can arise from knowingly violating ballast water regulations.
Individual states and territories also have their own notice requirements and ballast water management regulations. There are additional requirements in California, Michigan, Maine, Minnesota, New York, Oregon, Ohio, Rhode Island, Texas, Virginia, Washington, Northern Mariana Islands, American Samoa, Great Lakes, Wisconsin, Guam and Hawaii.
No Discharge Zones
Members should be aware that some states have declared ‘No Discharge Zones’ for vessel sewage. These zones are listed by state on the Environmental Protection Agency’s website, here.
USDA Special Procedures for Suspect Asian Gypsy Moth (now renamed ‘Flighted Spongy Moth Complex’) Ships
Requirements have been set jointly by the United States Department of Agriculture (USDA) and Canadian Food Inspection Agency (CFIA).
The Asian Gypsy Moth has now been renamed the ‘Flighted Spongy Moth Complex’(“FSMC”). FSMC is a highly destructive forest pest that feeds on both deciduous and coniferous trees.
The voracious appetite of FSMC larvae (caterpillars) coupled with the ability of the female moth to travel significant distances (as much as 20 nautical miles) can cause widespread defoliation leaving trees weakened and susceptible to disease and other pests.
FSMC is found primarily in Asia or Russia with a high risk of FSMC egg infestation of vessels calling at ports in Korea, Northern China (north of Shanghai; ports north of latitude 31˚15’N), and in particular the Russian Far East and Japan during the flight season of the female moth.
For vessels that have called in areas regulated for FSMC during specified risk periods set by the USDA and CFIA, the following measures are required:
1. Vessels should be inspected and certificated free of by a recognised certification body
2. Vessels must arrive in North American ports free from FSMC
3. Vessels must provide two-year port of call data at least 96 hours prior to arrival in a North American Port, to the vessel’s agent. The agent is then to ensure this information is provided to officials.
The USDA’s full guidance and detailed description of ‘risk periods’ is set out here. For any further queries please contact the Loss Prevention department.
Emission Control Areas
Strict Emission Control Areas (“ECA”) have been established along the US Coast by MARPOL Annex VI, and enacted in the US in 40 CFR Part 1043.
Vessels operating in ECAs are required to burn low sulphur fuel oil, with sulphur content of no more than 0.1% or meet requirements by other means, like through the use of scrubbers.
In the event compliant fuel is not available, MARPOL Annex VI Reg 18.2.4 requires the vessel to notify the competent authority of the relevant port of destination by notifying the USCG Captain of the Port. Fuel Oil Non-Availability Reports are no longer accepted.
Vessels calling at ports falling within US jurisdiction may expect the engine room log book, Oil Record Book, bunker delivery notes, bunker Material Safety Data Sheets (MSDS) and other certification and documentation to be examined during routine Port State Control inspections to verify compliance with requirements. It is therefore essential that accurate records are maintained, particularly the specification of the fuel consumed within the ECA and details of fuel switching operations. For further information please see the US Environmental Protection Agency guidance documents related to Marpol Annex VI.
Vessel General Permit (“VGP”)- 2018 VIDA Requirements
The VGP originated from the Environmental Protection Agency’s duty to regulate discharge of pollutants within US Waters. US Regulation requires anyone who wants to discharge any of the 27 regulated discharges to obtain a permit in order to do so legally. Since 2008, a Vessel General Permit has been in effect for commercial vessels over 79 feet in length. In 2018, a new act, VIDA (Vessel Incidental Discharge Act) provided that the EPA and USCG create new requirements but that in the interim the 2013 VGP system would apply.
NOIs submitted prior to VIDA 2018 continue to provide required VGP coverage.
A new NOI is only required to correct any mistakes or to provide any information updates. Vessels are required to submit a NOI no later than seven days prior to operating in US waters (defined as within 3 miles of shore for the purpose of this system) that are subject to the permit system.
The 2013 VGP provides two options for vessel owners/operators to obtain permit coverage:
1. Notice of Intent (NOI) – Vessels of 300 gross tons or more or that have the ability to hold or discharge more than eight cubic meters of ballast water must submit an NOI to obtain permit coverage. The NOI must be submitted electronically using EPA’s 2013 VGP eNOI system.
2. Final 2013 VGP Permit Authorization and Record of Inspection (PARI) Form – Vessels less than 300 gross tons and that do not have the capacity to hold or discharge more than eight cubic meters of ballast water are not required to submit an NOI. Instead, operators of these vessels must complete a PARI Form (Fill and Print), as provided in Appendix K of the 2013 VGP, and keep a copy of that form onboard the vessel at all times. Doing so provides coverage under the 2013 VGP for these vessels.
To comply with the VGP vessels must also meet any further requirements set by individual states. Annual audits of all discharges made under the VGP are required, as well as various other testing requirements. The EPA have published notices warning that enforcement action will be taken for lack of compliance with the VGP system.
For more information on the VGP system, see the EPA’s site here.
NOAD- Notice of Arrival or Departure
Notice of Arrival requirements are set by the USCG and defined by 33 CFR Part 160. The regulations apply to both US and foreign vessels bound for and departing from any and all ports or places in the US (unless transiting between two US ports in the same Captain of the Port (COPT) zone).
Vessels must submit NOA information to the National Vessel Movement Center in a prescribed way, currently via the eNOAD website or XML via email to enoad@nvmc.uscg.gov. Crew manifests are also sent via eNOAD for the first US port of arrival and the last prior to sailing to a foreign port or place (they are not required for US to US port calls).
With few exceptions, the time requirements for submitting a Notice of Arrival are as follows:
If your voyage time is - Then you must submit an NOA -
(i) 96 hours or more; At least 96 hours before arriving at the port or place of destination; or
(ii) Less than 96 hours Before departure but at least 24 hours before arriving at port/place
Separate time requirements are in place for submitting updates to Notices of Arrival (see 160.212)
Vessels leaving a US port to go to a foreign port or place also need to file a Notice of Departure. The eNOD and crew manifest must be submitted a minimum of one hour prior to departure.
Automated Manifest System (AMS)
Vessels are obliged to furnish comprehensive details regarding their cargo shipments prior to their arrival in the United States. This advanced cargo information encompasses particulars about the vessel, the transported goods, and the involved parties. The objective is to allow the U.S. Customs and Border Protection (CBP) to conduct comprehensive risk evaluations and thorough security verifications prior to the cargo's arrival on U.S. soil.
The mandatory cargo information is electronically transmitted by the vessel to the CBP via the Automated Manifest System (AMS) - CBP website. This data must be transmitted approximately 24 hours before the ship leaves the loading port.
The essential details to include during the execution of the AMS procedure comprise:
The USCG has listed countries it has deemed have insufficient anti-terrorism measures in place and places conditions of entry on vessels arriving from the US from those countries. Subject to certain exceptions, vessels arriving in the US after visiting a listed country within their last 5 port calls must also take certain actions listed in the relevant Port Security Advisory, including reporting anti-terrorism security steps taken to the USCG Captain of the Port prior to arrival in the US.
The lists are often updated so the most recent version of the Port Security Advisory will need to be checked before arrival.
Cyber Security
The USCG has issued guidance to inspectors on how to enforce the IMO Cyber Risk Management Guidelines that came into force on 1 January 2021.
For further information see the press release issued by maritime cyber security experts, Astaara.
Crew
Crew Member Identification regulations are set by the USCG at 33 CFR Part 160, Subpart D and apply to foreign commercial vessels as well as US commercial vessels who have returned from a foreign port.
The regulation states:
“A crewmember subject to this subpart must carry and present on demand an acceptable identification. An operator subject to this subpart must ensure that every crewmember on the vessel has an acceptable identification in his or her possession when the vessel is in the navigable waters of the United States”
Acceptable identifications is defined as: a passport, US Permanent Resident Card, US Merchant Mariner document, US Merchant Mariner credential, TWIC, or Seafarer’s ID issued by or under the authority of a government of a country that has ratified the ILO Seafarers’ Identity Documents Convention (Revised) 2003
Notice of Arrival requirements are set by the USCG and defined by 33 CFR Part 160. The regulations apply to both US and foreign vessels bound for and departing from any and all ports or places in the US (unless transiting between two US ports in the same Captain of the Port (COPT) zone).
Vessels must submit NOA information to the National Vessel Movement Center in a prescribed way, currently via the eNOAD website or XML via email to enoad@nvmc.uscg.gov. Crew manifests are also sent via eNOAD for the first US port of arrival and the last prior to sailing to a foreign port or place (they are not required for US to US port calls).
With few exceptions, the time requirements for submitting a Notice of Arrival are as follows:
If your voyage time is - Then you must submit an NOA -
(i) 96 hours or more; At least 96 hours before arriving at the port or place of destination; or
(ii) Less than 96 hours Before departure but at least 24 hours before arriving at port/place
Separate time requirements are in place for submitting updates to Notices of Arrival (see 160.212)
Vessels leaving a US port to go to a foreign port or place also need to file a Notice of Departure. The eNOD and crew manifest must be submitted a minimum of one hour prior to departure.
Automated Manifest System (AMS)
Vessels are obliged to furnish comprehensive details regarding their cargo shipments prior to their arrival in the United States. This advanced cargo information encompasses particulars about the vessel, the transported goods, and the involved parties. The objective is to allow the U.S. Customs and Border Protection (CBP) to conduct comprehensive risk evaluations and thorough security verifications prior to the cargo's arrival on U.S. soil.
The mandatory cargo information is electronically transmitted by the vessel to the CBP via the Automated Manifest System (AMS) - CBP website. This data must be transmitted approximately 24 hours before the ship leaves the loading port.
The essential details to include during the execution of the AMS procedure comprise:
- Complete names and addresses of both the sender and recipient of the cargo.
- Vessel name, country of registration, voyage number, and SCAC code.
- Precise commodity name, identification number, and weight.
- Specifics regarding the loading port.
- Information about the initial foreign port of entry for the cargo.
- Final port particulars prior to the shipment's arrival in the United States.
- Anticipated arrival date of the cargo at its first port of entry in the USA.
- Hazardous materials identification code.
- Container number and the seal number of the last container secured during loading.
The USCG has listed countries it has deemed have insufficient anti-terrorism measures in place and places conditions of entry on vessels arriving from the US from those countries. Subject to certain exceptions, vessels arriving in the US after visiting a listed country within their last 5 port calls must also take certain actions listed in the relevant Port Security Advisory, including reporting anti-terrorism security steps taken to the USCG Captain of the Port prior to arrival in the US.
The lists are often updated so the most recent version of the Port Security Advisory will need to be checked before arrival.
Cyber Security
The USCG has issued guidance to inspectors on how to enforce the IMO Cyber Risk Management Guidelines that came into force on 1 January 2021.
For further information see the press release issued by maritime cyber security experts, Astaara.
Crew
Crew Member Identification regulations are set by the USCG at 33 CFR Part 160, Subpart D and apply to foreign commercial vessels as well as US commercial vessels who have returned from a foreign port.
The regulation states:
“A crewmember subject to this subpart must carry and present on demand an acceptable identification. An operator subject to this subpart must ensure that every crewmember on the vessel has an acceptable identification in his or her possession when the vessel is in the navigable waters of the United States”
Acceptable identifications is defined as: a passport, US Permanent Resident Card, US Merchant Mariner document, US Merchant Mariner credential, TWIC, or Seafarer’s ID issued by or under the authority of a government of a country that has ratified the ILO Seafarers’ Identity Documents Convention (Revised) 2003
Ebola
In 2019 the USCG issued a Marine Safety Information Bulletin confirming that
- Vessel representatives are required to report sick or deceased crew or passengers within the last 15 days to the CDC under 42 CFR 71.21.
- The Coast Guard will review all Notice of Arrivals to determine if a vessel has visited a country impacted by Ebola virus outbreak within its last five ports of call.
- Vessel masters should inform any Coast Guard boarding teams of any ill crewmembers onboard.
In 2019 the USCG issued a Marine Safety Information Bulletin confirming that
- Vessel representatives are required to report sick or deceased crew or passengers within the last 15 days to the CDC under 42 CFR 71.21.
- The Coast Guard will review all Notice of Arrivals to determine if a vessel has visited a country impacted by Ebola virus outbreak within its last five ports of call.
- Vessel masters should inform any Coast Guard boarding teams of any ill crewmembers onboard.
Marine Casualties and Hazardous Conditions onboard vessels must be reported to USCG.
Regulation 33 CFR 160.204 defines a hazardous condition as:
“Any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the United States. It may, but need not, involve collision, allision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or manning-shortage”.
Regulation 33 CFR 160.215 also requires that:
“Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sector Office or Group Office.” The initial report should be made either by VHF radio or by telephone.
If the hazardous condition is also a reportable “marine casualty”, the initial report is to be followed up with a written report within five days as required under regulation 46 CFR 4.05-10 which also defines what a marine casualty is.
Casualty reporting forms for casualties can be found here along with an explanation from the Club’s Loss Prevention Department here. If the casualty falls into the category of a ‘Serious Marine Incident’ drug testing will also be required.
A negligent failure to report a hazardous condition immediately may result in civil penalties being imposed.
However, a wilful or knowing failure to make such a report may result in criminal charges being brought against the Master and the company.
Oil Pollution Prevention and Response (QI, SMFF and OSRO requirements)
After the EXXON VALDEZ disaster in 1989, Congress enacted the Oil Pollution Act of 1990.
A key aspect of OPA 90 is the requirement for certain vessels to be well prepared in the event of a major incident by training of crew and forward planning and engagement with relevant prepositioned contractors in all relevant maritime zones who can respond quickly to an incident. The type of plan required depends upon whether the vessel is deemed a ‘tank’ or ‘non tank’ vessel. There are some limited circumstances where a vessel would not require an OPA compliant Vessel Response Plan, for example, public vessels (as defined by statute), and foreign flagged vessels engaged in ‘innocent passage’.
Please see our table of Federal and individual state VRP requirements, here.
Tank Vessel Response Plans (TVRP) are required for any vessel that transfers or carries oil in bulk, or as cargo, or as cargo residues with the jurisdiction of the US. It also applies to vessels lightering oil destined for a port or place within the US jurisdiction. The TVRP must provide for responses in each and every area of the US in which the vessel will transit and handle oil. This includes contracts with salvage and marine firefighting companies, as well as OSROs (Oil Spill Response Organisations).
Members are reminded that some contractors require agreement of terms which do not conform to the IG’s Guidelines for vessel response plans. Additional insurance may therefore be required by Members trading to these areas and contracting with nonconforming OSRO and SMFF contractors and Members should contact the Club for details of the additional insurance available.
Nontank Vessel Response Plans (NTVRPs) are required for vessels of 400 gross tons or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion or that operates on the navigable waters of the United States. A gas carrier is likely to fall under NTVRP if it does not carry oil as defined by the USCG.
Pursuant to the Nontank Vessel Response Plan Final Rule of 2013, nontank vessels must also have a contract with salvage and marine firefighting company (SMFF), as well as a contracted OSRO, for every relevant trading area. The level of compliance required for a nontank vessel to meet salvage and marine firefighting requirements depends upon oil carrying capacity and can be found here.
OPA 90 requires that vessel owners and operators practice elements of their response plans regularly.
OPA 90’ also requires that the Vessel Response Plan to nominates a ‘Qualified Individual’ (plus an alternate). This is someone who resides in the US, speaks English, and can be available 24 hours a day if needed. They will also have authority to start removal action and to activate response resources and agree to fund response action. Many Owners chose to contract with a specialist US based organisation to appoint individual employees as their Qualified Individual (and alternate).
Again, Members are reminded to contact the Club Members prior to signing QI, spill response, and SMFF contracts to ensure that proposed terms do not fall foul of International Group requirements.
Regulation 33 CFR 160.204 defines a hazardous condition as:
“Any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the United States. It may, but need not, involve collision, allision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or manning-shortage”.
Regulation 33 CFR 160.215 also requires that:
“Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sector Office or Group Office.” The initial report should be made either by VHF radio or by telephone.
If the hazardous condition is also a reportable “marine casualty”, the initial report is to be followed up with a written report within five days as required under regulation 46 CFR 4.05-10 which also defines what a marine casualty is.
Casualty reporting forms for casualties can be found here along with an explanation from the Club’s Loss Prevention Department here. If the casualty falls into the category of a ‘Serious Marine Incident’ drug testing will also be required.
A negligent failure to report a hazardous condition immediately may result in civil penalties being imposed.
However, a wilful or knowing failure to make such a report may result in criminal charges being brought against the Master and the company.
Oil Pollution Prevention and Response (QI, SMFF and OSRO requirements)
After the EXXON VALDEZ disaster in 1989, Congress enacted the Oil Pollution Act of 1990.
A key aspect of OPA 90 is the requirement for certain vessels to be well prepared in the event of a major incident by training of crew and forward planning and engagement with relevant prepositioned contractors in all relevant maritime zones who can respond quickly to an incident. The type of plan required depends upon whether the vessel is deemed a ‘tank’ or ‘non tank’ vessel. There are some limited circumstances where a vessel would not require an OPA compliant Vessel Response Plan, for example, public vessels (as defined by statute), and foreign flagged vessels engaged in ‘innocent passage’.
Please see our table of Federal and individual state VRP requirements, here.
Tank Vessel Response Plans (TVRP) are required for any vessel that transfers or carries oil in bulk, or as cargo, or as cargo residues with the jurisdiction of the US. It also applies to vessels lightering oil destined for a port or place within the US jurisdiction. The TVRP must provide for responses in each and every area of the US in which the vessel will transit and handle oil. This includes contracts with salvage and marine firefighting companies, as well as OSROs (Oil Spill Response Organisations).
Members are reminded that some contractors require agreement of terms which do not conform to the IG’s Guidelines for vessel response plans. Additional insurance may therefore be required by Members trading to these areas and contracting with nonconforming OSRO and SMFF contractors and Members should contact the Club for details of the additional insurance available.
Nontank Vessel Response Plans (NTVRPs) are required for vessels of 400 gross tons or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion or that operates on the navigable waters of the United States. A gas carrier is likely to fall under NTVRP if it does not carry oil as defined by the USCG.
Pursuant to the Nontank Vessel Response Plan Final Rule of 2013, nontank vessels must also have a contract with salvage and marine firefighting company (SMFF), as well as a contracted OSRO, for every relevant trading area. The level of compliance required for a nontank vessel to meet salvage and marine firefighting requirements depends upon oil carrying capacity and can be found here.
OPA 90 requires that vessel owners and operators practice elements of their response plans regularly.
OPA 90’ also requires that the Vessel Response Plan to nominates a ‘Qualified Individual’ (plus an alternate). This is someone who resides in the US, speaks English, and can be available 24 hours a day if needed. They will also have authority to start removal action and to activate response resources and agree to fund response action. Many Owners chose to contract with a specialist US based organisation to appoint individual employees as their Qualified Individual (and alternate).
Again, Members are reminded to contact the Club Members prior to signing QI, spill response, and SMFF contracts to ensure that proposed terms do not fall foul of International Group requirements.
What are QI’s, SMFFs and OSRO’s?
A key aspect of OPA 90 is the requirement for certain vessels to be well prepared in the event of a major incident by training of crew and forward planning and engagement with relevant contractors in all relevant maritime zones who can respond quickly to an incident. The type of plan required depends upon whether the vessel is deemed a ‘tank’ or ‘non tank’ vessel. There are some limited circumstances where a vessel would not require an OPA compliant Vessel Response Plan, for example, public vessels (as defined by statute), and foreign flagged vessels engaged in ‘innocent passage’.
Tank Vessel Response Plans (TVRP) are required for any vessel that transfers or carries oil in bulk, or as cargo, or as cargo residues with the jurisdiction of the US. It also applies to vessels lightering oil destined for a port or place within the US jurisdiction. The TVRP must provide for responses in each and every area of the US in which the vessel will transit and handle oil. This includes contracts with salvage and marine firefighting companies, as well as OSROs (Oil Spill Response Organisations).
Members are reminded that some contractors require agreement of terms which do not conform to the IG’s Guidelines for vessel response plans. Additional insurance may therefore be required by Members trading to these areas and contracting with nonconforming OSRO and SMFF contractors and Members should contact the Club for details of the additional insurance available.
Nontank Vessel Response Plans (NTVRPs) are required for vessels of 400 gross tons or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion or that operates on the navigable waters of the United States. A gas carrier is likely to fall under NTVRP if it does not carry oil as defined by the USCG.
Pursuant to the Nontank Vessel Response Plan Final Rule of 2013, nontank vessels must also have a contract with salvage and marine firefighting company (SMFF), as well as a contracted OSRO, for every relevant trading area. The level of compliance required for a nontank vessel to meet salvage and marine firefighting requirements depends upon oil carrying capacity and can be found here.
OPA 90 requires that vessel owners and operators practice elements of their response plans regularly.
OPA 90’ also requires that the Vessel Response Plan to nominates a ‘Qualified Individual’ (plus an alternate). This is someone who resides in the US, speaks English, and can be available 24 hours a day if needed. They will also have authority to start removal action and to activate response resources and agree to fund response action. Many Owners chose to contract with a specialist US based organisation to appoint individual employees as their Qualified Individual (and alternate).
Do I need to contact the Club to review QI, Oil Pollution Response Organisation, and SMFF Contracts?
Members are reminded that whilst many organisations contract on terms that meet International Group requirements, some may seek agreement of terms which do not conform.
Members are advised to contact the Club prior to signing QI, spill response, SMFF contracts to ensure that proposed terms do not fall foul of International Group requirements.