We’ve recently encountered issues with operators that have vessels that have been measured to both the “Regulatory” tonnage (GRT) and “Convention (International)” tonnage (ITC) that were surprised during COI inspections that the USCG was holding them to the ITC with regard to compliance with the Non-Tank Vessel Response Plan requirements.
Sector Ohio Valley has issued MSIB 01-2020 clarifying their position on the matter stating:
Vessels that actively operate in commercial operations without a NTVRP are subjected to, but not limited to, the following penalties; vessel detainment by the United States Coast Guard (USCG), denial of entry into a U.S. port, and/or civil penalties of more that $47,000 per day dependent upon type and scope of violation. The USCG encourages the maritime community to review the requirements and ensure their vessels meet the regulations outlined in 33 CFR Part 155 – Subpart J.
A point of confusion has arisen in terms of tonnage application for the 400 gross tons threshold. As discussed in the preamble of the regulation (Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations), if a vessel is measured using “Convention (International)” tonnage and “Regulatory” tonnage, the greater of the two is used for determining applicability of the NTVRP requirements.
Have you looked at your CODs lately?