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H.3619 Coast Guard Authorization Act of 2010
S. 1041: Remedial Legislation to Require that Two Escort Vessels Accompany Double-Hulled Oil Tankers in Prince William Sound, Alaska
Congressional Record: Floor Statement by Senator Murkowski (May 15, 2009)
Oil Pollution Act of 1990 (P.L. 101-380), Section 4116 (c), That Would Be Amended by S. 1041
Current Implement Escort Vessel Regulations (33 CFR Part 168) – Section 4116 (c) of OPA 90
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Prince William Sound Escort System Included in House Coast Guard Bill, Senate Legislation Pending
H.3619 Coast Guard Authorization Act of 2010
SEC. 313. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE WILLIAM SOUND, ALASKA.
(a) In General- Section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note; Public Law 101-380) is amended--
(1) by striking ‘Not later than 6 months’ and inserting the following:
‘(1) IN GENERAL- Not later than 180 days’; and
(2) by adding at the end the following:
‘(2) PRINCE WILLIAM SOUND, ALASKA- The requirement in paragraph (1) relating to single-hulled tankers in Prince William Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United States Code, as set forth in part 168 of title 33, Code of Federal Regulations (as in effect on March 1, 2009), implementing this subsection with respect to those tankers) shall apply to double-hulled tankers over 5,000 gross tons transporting oil in bulk in Prince William Sound, Alaska.’.
(b) Effective Date- The amendments made by subsection (a) take effect on the date that is 90 days after the date of enactment of this Act.
(c) Rulemaking-
(1) INTERIM FINAL RULE AUTHORITY- The Secretary shall issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this section) as soon as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code. All regulations prescribed under the authority of this paragraph that are not earlier superseded by final regulations shall expire not later than 1 year after the date of enactment of this Act.
(2) INITIATION OF RULEMAKING- The Secretary may initiate a rulemaking to implement this section (including the amendments made by this section) as soon as practicable after the date of enactment of this section. The final rule issued pursuant to that rulemaking may supersede the interim final rule promulgated under this subsection.
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S. 1041: Remedial Legislation to Require that Two Escort Vessels Accompany Double-Hulled Oil Tankers in Prince William Sound, Alaska
111TH CONGRESS
1ST SESSION
S. 1041
To amend the Oil Pollution Act of 1990 to modify the applicability of certain requirements to double hulled tankers transporting oil in bulk in Prince William Sound, Alaska.
IN THE SENATE OF THE UNITED STATES
MAY 14, 2009
Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To amend the Oil Pollution Act of 1990 to modify the applicability of certain requirements to double hulled tankers transporting oil in bulk in Prince William Sound,
Alaska.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE WILLIAM SOUND, ALASKA.
(a) IN GENERAL.—Section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note; Public Law 101–380) is amended—
(1) by striking ‘‘Not later than 6 months’’ and inserting the following:
‘‘(1) IN GENERAL.—Not later than 180 days’’;
and
(2) by adding at the end the following:
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.—
‘‘(A) IN GENERAL.—The requirement in paragraph (1) relating to single hulled tankers in Prince William Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United States Code, as set forth in part 168 of title 33, Code of Federal Regulations (as in effect on March 1, 2009) implementing this subsection with respect to those tankers) shall apply to double hulled tankers over 5,000 gross tons transporting oil in bulk in Prince William Sound, Alaska.
‘‘(B) IMPLEMENTATION OF REQUIREMENTS.—The Secretary of the Federal agency with jurisdiction over the Coast Guard shall carry out subparagraph (A) by order without notice and hearing pursuant to section 553 of title 5 of the United States Code.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) take effect on the date that is 90 days after the date of enactment of this Act.
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FLOOR STATEMENT FOR DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN PRINCE WILLIAM SOUND, ALASKA.
A bill to amend the Oil Pollution Act of 1990 to modify the applicability of certain requirements to double hulled tankers transporting oil in bulk in Prince William Sound, Alaska.
Ms. MURKOWSKI: Mr. President, today I am introducing a bill, with my colleague from Alaska Senator Mark Begich, that will require all oil laden tankers in Prince William Sound to be escorted by at least two towing vessels or other vessels considered appropriate by the Secretary of the Department of Homeland Security.
At 12:04 a.m. on March 24, 1989, the Exxon Valdez, carrying over 53 million gallons of crude oil, failed to turn back into the shipping lane after detouring to avoid ice, and ran aground on Bligh Reef. Alaskans will never forget that morning, waking up to hear about the worst oil spill and environmental disaster in U.S. history and living with the lasting impacts it has had on our State and residents.
The National Transportation Safety Board investigated the accident and determined probable causes for the accident. While it determined that it was primarily caused by human error of the captain and crew, it is my belief that we had also become complacent. It had been 12 years since we had begun to tanker oil out of Valdez and there had not been an incident. However, when the spill occurred, we became acutely aware of how woefully unprepared we were. The few prevention measures that were available were inadequate and the spill response and clean-up resources were seriously deficient. The oil eventually fouled some 1,300 miles of shoreline, stretching almost 500 miles, and covered an area of 11,000 square miles.
While the captain and crew were found at fault for the immediate cause of the spill, the incident also highlighted huge gaps in regulatory oversight of the oil industry. The response of Congress to the spill was passage of the Oil Spill Pollution Act of 1990 or OPA90. The law overhauled shipping regulations, imposed new liability on the industry, required detailed response plans and added extra safeguards for shipping in Prince William Sound. Since the law took effect, annual oil spills were greatly reduced and lawmakers, marine experts, the oil industry and environmentalists credit the law for major improvements in U.S. oil and shipping industries.
Oil spill prevention and response have been greatly improved in Prince William Sound since the passage of OPA90. The U.S. Coast Guard now monitors fully laden tankers all the way through Prince William Sound. Specially trained marine pilots ride the ships for 25 of the 70 mile journey through the Sound and there are weather criteria for safe navigation. Contingency plans, skimmers, dispersants, oil barges and containment booms are all now readily available. An advanced ice-detecting radar system is also in place to monitor the ice bergs that flow off of the mighty Columbia Glacier.
Two escort tugs accompany each tanker while passing through the Sound and are capable of assisting the tanker in the case of an emergency. This world class safety system recently saw the 11,000th fully loaded tanker safely escorted through Prince William Sound. It is estimated that if the Exxon Valdez would have been double-hulled, the amount of the spill would have been reduced by more than half. While double hulled tankers are a huge improvement over single hulls, they do not prevent oil spills.
The legislation that Senator Begich and I are introducing today will maintain the existing escort system in place for all tankers. Presently, the federal requirement that every loaded tanker be accompanied through the Sound by two tugs applies only to single-hulled tankers. Even though, right now, double-hulled tankers are escorted by two vessels, federal law does not require them to be. The last single hulled tanker in the Prince William Sound fleet is expected to be retired from service by August 2012 and our legislation ensures all double hulled tankers will always be escorted by two tugs.
Although there have been a number of marine incidents and near misses since the Exxon Valdez Oil Spill in 1989, over the past 20 years, through the efforts of the U.S. Coast Guard, industry, the State of Alaska, and the Prince William Sound Citizens Advisory Council to implement the requirements of OPA 90, there have been no major oil spills. Today, as a result, the marine transportation safety system established for Prince William Sound is regarded as among the most effective in the world. A key reason for that accomplishment is, in part, because of the safety benefits resulting from having dual escort vessels available to assist oil laden tankers transiting the Sound.
Section 4116 (c) of OPA 90 requires that single hulled tankers over 5,000 gross tons transporting oil in bulk in Prince William Sound, Alaska be escorted by at least two towing vessels or other vessels considered appropriate by the Secretary.
Subsection (a) makes applicable to double hulled tankers the requirement in existing law including regulations in 33 CFR Part 168 issued to implement that dual escort vessel requirement for single hulled tankers. The subsection leaves the dual escort vessel requirement in place for single hulled tankers. By making those cited regulations applicable to double hulled tankers, the U.S. Coast Guard would not need to issue new regulations as a result of the amendment to section 4116(c) of OPA 90. Rather, the Secretary is authorized and directed to “carry out subparagraph (A)” by order without notice and hearing (and without issuing new regulations) under section 553 of title 5 of the United States Code.
The dual escort plan, as it was constituted and in effect as of March 1, 2009 for Prince William Sound, is described in a document entitled, “Vessel Emergency Response Plan” or VERP”, and is on file with the House Transportation and Infrastructure Committee and the Senate Commerce, Science and Transportation Committee.
It is envisioned that, as advancements in technology are made in the future, any appropriate and warranted modifications to the VERP cited above implementing the dual escort practice as in effect as of March 1, 2009 and implementing the dual escort requirement in this section, including implementing regulations, will be made by the Prince William Sound Tanker Owners/Operators in consultation with the U.S. Coast Guard, the State of Alaska, and the PWSRCAC and ratified and endorsed by the U. S. Coast Guard before being implemented.
The success of this escort system over the past 20 years has shown us that it must not be compromised. We can’t forget the lessons of the Exxon Valdez oil spill and allow ourselves to become complacent.
Mr. President, I ask unanimous consent my statement and a copy of the bill be printed in the Record.
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Oil Pollution Act of 1990 (P.L. 101-380), Section 4116 (c), That Would Be Amended by S. 1041
(c) ESCORTS FOR CERTAIN TANKERS.—Not later than 6 months after the date of the enactment of this Act, the Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, including Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary.
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Current Implement Escort Vessel Regulations (33 CFR Part 168) – Section 4116 (c) of OPA 90
PART 168—ESCORT REQUIREMENTS FOR CERTAIN TANKERS
SEC 168.01 Purpose.
(a) This part prescribes regulations in accordance with section 4116(c) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101–380). The regulations will reduce the risk of oil spills from laden, single hull tankers over 5,000 GT by requiring that these tankers be escorted by at least two suitable escort vessels. The escort vessels will be immediately available to influence the tankers' speed and course in the event of a steering or propulsion equipment failure, thereby reducing the possibility of groundings or collisions.
(b) The regulations in this part establish minimum escort vessel requirements. Nothing in these regulations should be construed as relieving the master of a tanker from the duty to operate the vessel in a safe and prudent manner, taking into account the navigational constraints of the waterways to be traversed, other vessel traffic, and anticipated weather, tide, and sea conditions, which may require reduced speeds, greater assistance from escort vessels, or other operational precautions.
SEC 168.05 Definitions.
As used in this part—
Disabled tanker means a tanker experiencing a loss of propulsion or steering control.
Escort transit means that portion of the tanker's voyage through waters where escort vessels are required.
Escort vessel means any vessel that is assigned and dedicated to a tanker during the escort transit, and that is fendered and outfitted with towing gear as appropriate for its role in an emergency response to a disabled tanker.
Laden means transporting in bulk any quantity of applicable cargo, except for clingage and residue in otherwise empty cargo tanks.
Single hull tanker means any self-propelled tank vessel that is not constructed with both double bottom and double sides in accordance with the provisions of 33 CFR 157.10d.
Tanker master means the licensed onboard person in charge of the tanker.
Tanker owner or operator means the owner or shoreside organization (individual, corporation, partnership, or association), including a demise charterer, responsible for the overall management and operation of the tanker.
SEC 168.10 Responsibilities.
(a) The tanker owner or operator shall:
(1) select escort vessels that can meet the performance requirements of this part; and
(2) inform the tanker master of the performance capabilities of the selected escort vessels. This information must be provided to the master before beginning the escort transit.
(b) The tanker master shall operate the tanker within the performance capabilities of the escort vessels, taking into account speed, sea and weather conditions, navigational considerations, and other factors that may change or arise during the escort transit.
(c) In an emergency, the tanker master may deviate from the requirements of this part to the extent necessary to avoid endangering persons, property, or the environment, but shall immediately report the deviation to the cognizant Coast Guard Captain of the Port (COTP).
SEC 168.20 Applicable vessels.
The requirements of this part apply to laden, single hull tankers of 5,000 gross tons or more.
SEC 168.30 Applicable cargoes.
The requirements of this part apply to any petroleum oil listed in 46 CFR Table 30.25–1 as a pollution category I cargo.
SEC 168.40 Applicable waters and number of escort vessels.
The requirements of this part apply to the following waters:
(a) Prince William Sound: Each tanker to which this part applies must be escorted by at least two escort vessels in those navigable waters of the United States within Prince William Sound, Alaska, and the adjoining tributaries, bays, harbors, and ports, including the navigable waters of the United States within a line drawn from Cape Hinchinbrook Light, to Seal Rocks Light, to a point on Montague Island at 60°14.6' North, 146°59' West, and the waters of Montague Strait east of a line between Cape Puget and Cape Cleare.
(b) Puget Sound and certain associated waters: Each tanker to which this part applies must be escorted by at least two escort vessels in those navigable waters of the United States and Washington State east of a line connecting New Dungeness Light with Discovery Island Light and all points in the Puget Sound area north and south of these lights. This area includes all the navigable waters of the United States within Haro Strait, Rosario Strait, the Strait of Georgia, Puget Sound, and Hood Canal, as well as those portions of the Strait of Juan de Fuca east of the New Dungeness-Discovery Island line.
SEC 168.50 Performance and operational requirements.
(a) Except as provided in paragraph (c) of §168.10, at all times during the escort transit each tanker to which this part applies:
(1) Must be accompanied by escort vessels that meet the performance requirements of paragraph (b) of this section (but not less than the number of escorts required by §168.40).
(2) Must have the escort vessels positioned relative to the tanker such that timely response to a propulsion or steering failure can be effected.
(3) Must not exceed a speed beyond which the escort vessels can reasonably be expected to safely bring the tanker under control within the navigational limits of the waterway, taking into consideration ambient sea and weather conditions, surrounding vessel traffic, hazards, and other factors that may reduce the available sea room.
(b) The escort vessels, acting singly or jointly in any combination as needed, and considering their applied force vectors on the tanker's hull, must be capable of—
(1) Towing the tanker at 4 knots in calm conditions, and holding it in steady position against a 45-knot headwind;
(2) [Reserved]
(3) Holding the tanker on a steady course against a 35-degree locked rudder at a speed of 6 knots; and
(4) Turning the tanker 90 degrees, assuming a free-swinging rudder and a speed of 6 knots, within the same distance (advance and transfer) that it could turn itself with a hard-over rudder.
[CGD 91–202, 59 FR 42968, Aug. 19, 1994, as amended at 70 FR 55730, Sept. 23, 2005]
SEC 168.60 Pre-escort conference.
(a) Before commencing an escort transit, the tanker master shall confer, by radio or in person, with the tanker pilot and the masters of the escort vessels regarding the escort operation.
(b) The purpose of the pre-escort conference is for all parties to plan and discuss particulars of the escort transit.
(c) At a minimum, the following topics must be addressed during the pre-escort conference:
(1) The destination, route, planned speed, other vessel traffic, anticipated weather, tide, and sea conditions, and other navigational considerations;
(2) The type and operational status of communication, towing, steering, and propulsion equipment on the tanker and escort vessels;
(3) The relative positioning and reaction time for the escort vessels to move into assist positions, including, if appropriate, pre-tethering the escort vessels at crucial points along the route;
(4) The preparations required on the tanker and escort vessels, and the methods employed in making an emergency towline connection, including stationing of deck crews, preparation of messenger lines, bridles, and other towing gear, and energizing appropriate deck equipment;
(5) The manner in which an emergency towline connection would be made (which escort vessel will respond, how messengers and towlines will be passed, etc.);
(6) Other relevant information provided by the tanker master, pilot or escort vessel masters.
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