CG Authorization Act … The Senate Version

In addition to the proposed amendment to the Maritime Transportation Security Act of 2002 (MTSA) [discussed in Friday’s edition of this newsletter], the Senate version of the Coast Guard Authorization Act (S. 733) has other sections of interest. The measure, if enacted, would amend the Oil Pollution Act of 1990 (OPA 90) to require non-tank vessels of 400 gross tons or greater to have vessel response plans (VRPs) similar to those required of tank vessels. It would require a report on, among other things: (1) the domestic and international implications of changing the phase-out date for single hull tank vessels from 2015 to 2010; (2) the costs and benefits of requiring monitoring systems on tank vessels; and (3) a review of safety issues relating to tank barges. One provision present in the House version (H.R. 2443), but not found here, would conform OPA 90 to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) with respect to lender liability. No date has been set for establishment of a Conference Committee to resolve differences between the House and Senate versions of the measure. (HK Law)