COMDTINST 16450.32A
b.
If an MTR facility (1) has not submitted a response plan as required or (2) is a "significant
and substantial harm" facility operating without an approved FRT or authorization to
operate under a submitted plan as previously described, the following actions are to be
taken:
(1) The facility shall be ordered to cease operations. For a complex facility, this order will
only apply to that MTR section over which the Coast Guard exercises jurisdiction.
(2) All transfer lines to and for the waterfront shall be made gas-free and product free.
(3) The facility's letter of adequacy shall be revoked.
(4) For each day the facility is in violation of the regulations, a report of violation (ROV)
shall be submitted citing 33 CFR 154.1025.
c.
As was mentioned earlier, federal facilities are not exempt from the provisions of OPA 90
or the requirements of reference (a). COTPs should advise federal facility managers or
operators of the need to submit plans and advise them of the plan's review status and/or
non-receipt, but should not initiate civil penalty actions against the facility. Each federal
agency will take its own enforcement actions against facilities that are failing to comply
with the requirements.
11. VESSEL RESPONSE PLAN ENFORCEMENT POLICY.
a.
The law is clear on what action must be taken in cases where (1) no response plan has
been submitted as required or (2) the vessel is operating without an approved response
plan or (3) without authorization to continue operations under a submitted plan. As stated
in 33 CFR 155.1025(b), the vessel is not permitted to transfer, transport, handle, store, or
lighter oil.
b.
To assist units in determining the status of vessel plans, plan data is entered into MSIS.
Information on the VRP status can be found in the "VFLD" product. The data fields are
set up with the identification number being the VRP control number, the issue date being
the data the plan was submitted, the expiration data being the date the authorization letter
expires, and the status being "in process" which indicates the plan is being reviewed,
"valid" for approved plans, and "expired" for invalid plans. (Note: MSIS does not
indicate what COTP zones are included in a plan.)
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