vessel response plan
(9) Western Alaska oil spill planning criteria program (A) Definitions In this paragraph: (i) Alternative planning criteria The term “alternative planning criteria” means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (as in effect on December 23, 2022 ), for vessel response plans. (ii) Prince William Sound Captain of the Port Zone The term “Prince William Sound Captain of the Port Zone” means the area described in section 3.85–15 (b) of title 33, Code of Federal Regulations (or successor regulations). (iii) Secretary The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. (iv) Vessel response plan The term “vessel response plan” means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5). (v) Western Alaska Captain of the Port Zone The term “Western Alaska Captain of the Port Zone” means the area described in section 3.85–15 (a) of title 33, Code of Federal Regulations (as in effect on December 23, 2022 ). (B) Requirement Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area, a vessel response plan with respect to a discharge of oil for such a vessel shall comply with the Western Alaska oil spill planning criteria established under subparagraph (D)(i). (C) Relation to national planning criteria The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating, prior to the date on which the Western Alaska oil spill planning criteria are established, in any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area. (D) Establishment of Western Alaska oil spill planning criteria (i) In general The President, acting through the Commandant, in consultation with the Western Alaska Oil Spill Criteria Program Manager selected under section 323 of title 14 , shall establish— (I) Western Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area; and (II) standardized submission, review, approval, and compliance verification processes for the Western Alaska oil spill planning criteria established under this clause, including the quantity and frequency of drills and on-site verifications of vessel response plans approved pursuant to such planning criteria. (ii) Development of subregions (I) Development After establishing the Western Alaska oil spill planning criteria under clause (i), and if necessary to adequately reflect the needs and capabilities of various locations within the Western Alaska Captain of the Port Zone, the President, acting through the Commandant, and in consultation with the Western Alaska Oil Spill Criteria Program Manager selected under section 323 of title 14 , may develop subregions for which planning criteria may differ from planning criteria for other subregions in the Western Alaska Captain of the Port Zone. (II) Limitation Any planning criteria for a subregion developed under this clause may not be less stringent than the Western Alaska oil spill planning criteria established under clause (i). (iii) Assessment (I) In general Prior to developing a subregion, the President, acting through the Commandant, shall conduct an assessment on any potential impacts to the entire Western Alaska Captain of the Port Zone to include quantity and availability of response resources in the proposed subregion and in surrounding areas and any changes or impacts to surrounding areas resulting in the development of a subregion with different standards. (II) Consultation In conducting an assessment under this clause, the President, acting through the Commandant, shall consult with State and local governments, Tribes (as defined in section 323 of title 14 ), the owners and operators that would operate under the proposed subregions, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations, and shall take into account any experience with the prior use of subregions within the State of Alaska. (III) Submission The President, acting through the Commandant, shall submit the results of an assessment conducted under this clause to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (E) Inclusions (i) Requirements The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following: (I) Mechanical oil spill response resources that are required to be located within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone for which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area. (II) Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within such part of such area. (III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment. (IV) Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that— (aa) is capable of responding in all operating environments in such part of such area; (bb) controls oil spill response resources of dedicated and nondedicated resources within such part of such area, through ownership, contracts, agreements, or other means approved by the President, sufficient— (AA) to mobilize and sustain a response to a worst case discharge of oil; and (BB) to contain, recover, and temporarily store discharged oil; (cc) has pre-positioned oil spill response resources in strategic locations throughout such part of such area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure; (dd) has temporary storage capability using both dedicated and non-dedicated assets located within such part of such area; (ee) has non-mechanical oil spill response resources capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and (ff) has wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife. (V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board. (VI) Specifying a minimum length of time that approval of a vessel response plan under this paragraph is valid. (VII) Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area. (ii) Additional considerations The Western Alaska oil spill planning criteria established under subparagraph (D)(i) may include planning criteria for the following: (I) Vessel routing measures consistent with international routing measure deviation protocols. (II) Maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies. (F) Requirement for approval The President may approve a vessel response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the vessel response plan under the Western Alaska oil spill planning criteria established under subparagraph (D)(i). (G) Periodic audits The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the Western Alaska oil spill planning criteria established under subparagraph (D)(i). (H) Review of determination Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph (B) that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone. (I) Vessels in Cook Inlet Unless otherwise authorized by the Secretary, a vessel may only operate in Cook Inlet, Alaska, under a vessel response plan approved under paragraph (5) that meets the requirements of the national planning criteria established pursuant to this subsection. (J) Savings provisions Nothing in this paragraph affects— (i) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone, within Cook Inlet, Alaska; (ii) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone that are subject to section 5005 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2735 ); or (iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill.