EMAIL: [email protected] January 28, 2014 Commander ...

EMAIL: [email protected] January 28, 2014 Commander United States Coast Guard Sector Guam Ref: Alternative Planning Criteria Request (APC) with Gap Analysis Dear Captain White, Witt O’Brien’s (O’Brien’s Response Management) currently prepares and maintains over 900 vessel response plans (tank and nontank) representing an estimated 2400 tank vessels and 5800 nontank vessels that regularly call US ports. We are also the identified Qualified Individual and Spill Management Team in these plans. The reason that we are submitting this request is to facilitate the issuance of authorization to operate and or transit the Guam COTP Zone for several of our plan holders who either have vessels regularly scheduled to call Guam and CNMI or who may by way of spot charter accept a voyage on short notice to Guam and CNMI. We, hereby, submit the following APC request in accordance with 33 CFR 155.1065 and 33 CFR 155.5067 for your review, acceptance and approval in accordance with CG-543 Policy Letter 09-02 dated August 12, 2009 and recent supplemental guidance provided by USCG District Fourteen. The applicable plan holders vessels cannot meet the requirements of 33 CFR 155.1050 (tank) and 33 CFR 155.5050 (nontank) due to the current unavailability of commercial resources to meet the national planning standards. It is proposed that each applicable vessel (tank or nontank) listed in vessel response plans prepared by Witt O’Brien’s be granted authorization to operate in the Guam Captain of the Port Zone provided the following criteria are met: 1. Submission and maintenance of a valid contract with a local OSRO, OSROCO, listing the vessels in the plan which are covered. 2. Submission and/or confirmation of a valid SMFF contract and funding agreement. 3. Vessels strict adherence to the prevention and mitigation strategies outlined in the APC 4. Notification of any change in the vessel’s ability to comply with the APC is immediately communicated to the COTP. For more details regarding the OSROs, please see the gap analysis that follows including the OSROCO Addendum and accompanying Appendix A that includes a detailed gap analysis of equipment, staging locations and time frames for cascading additional resources to meet WCD1 requirements within 48 hours.

103 Morgan Lane Suite 103, Plainsboro, NJ 08536 | t. 609.275.9600 f. 609.275.9444 | www.wittobriens.com

PREVENTION AND MITIGATION STRATEGIES Prevention and mitigation strategies that ensure low risk of spills and adequate response measures as a result of the alternative planning criteria:    

Vessels at the discretion of the Master will operate at a slower speed when within 12nm of the shoreline or any area where there are hazards to navigation if deemed appropriate for the conditions. Call port during daylight hours only at the discretion of the local COTP; Limit fuel oil/crude oil/product transfer operations to daylight hours only at the discretion of the local COTP. Limit fuel oil/crude oil/product transfer operations to seas less than 3 feet;

(5) Consideration of special measures to the environmentally sensitive areas listed in the respective area contingency plans. The following extra measure(s) will be taken in addition to those measures above while operating in environmentally sensitive areas as outlined in the Area Contingency Plan:   

Pre-boom the vessel while conducting fuel oil/crude oil/product transfer operations with appropriate protective boom, if applicable Engage a standby tug in the immediate location of the fuel oil/crude oil/product transfer operation, if applicable Employ a minimum two tug escort at the discretion of the local COTP, if applicable

(6) Economic impact: 

Significant revenue loss is to be expected if the subject vessels are not authorized to operate/transit in the Guam COPT Zone. For example, Matson Navigation currently operates six container vessels that are supply the island with goods on a weekly basis. The inability for these vessels and others whose plans we maintain would have significant adverse effects on the economy and stability of Guam and the CNMI. No specific loss of revenue calculation is available at the present time.



No summary of operational history is available.

If there are any questions regarding this matter, please contact us at +1-609-275-9600. Sincerely,

Michael Gallagher Vice President, Vessel Services cc:

Office of Commercial Vessel Compliance (CG-CVC-1)


GAP ANALYSIS Below are the response capabilities of the local OSROs as classified by the National Strike Force Coordination Center. Guam Response Services Ltd. - OSRO Number: 15 Operating Environment Vessel MMPD Vessel WCD1 Vessel WCD2 Vessel WCD3 Inland

Yes

~

~

~

*Any changes to an OSRO’s Response Resource Inventory (RRI) will be communicated to the USCG by the OSRO as required.

OSROCO - OSRO Number: 239 Operating Environment Vessel MMPD Vessel WCD1 Vessel WCD2 Vessel WCD3 Off Shore

Yes

~

~

~

Near Shore

Yes

~

~

~

Ocean

Yes

~

~

~

Inland

Yes

~

~

~


T&T Marine Salvage, Inc. - OSRO Number: 115 - Group V Capabilities Operating Environment Vessel MMPD Vessel WCD1 Vessel WCD2

Vessel WCD3

Off Shore

Yes

~

~

~

Near Shore

Yes

~

~

~

Ocean

Yes

~

~

~

Inland

Yes

~

~

~

River or Canal

Yes

~

~

~


Vessels that enroll in this APC acknowledge that their current Vessel Response Plans lack the requisite ability to satisfy national planning standards for the effective daily recovery capacity of Group I – IV oils in the open ocean, offshore, near shore and inland environments. In reviewing the response capabilities commercially available, this gap analysis yields the full deficit of the required effective daily recovery capacity in the open ocean, offshore, near shore and inland environments. Contracts entered into by the vessel owner/operators with the local OSRO will ensure the availability of response resources to satisfy WCD1 requirements within 48 hours as detailed in the following Gap Analysis provided by OSROCO (See Appendix A, attached).


CONTRACT #:

AGR - _______ - _______ - _______

Appendix A Oil Spill Response Operations Company, LLC and T & T Marine Salvage, Inc Addendum to Emergency Response Services Agreement For Tank Vessels and Non-Tank Vessels Operating in Guam and the CNMI

CONTRACT #:

AGR - _______ - _______ - _______

Gap Analysis for Oil Spill Response Equipment in Guam and CNMI The following pages list the present oil spill response equipment owned or contracted by Oil Spill Response Operations Company, LLC (OSROCo) / T&T Marine (T&T) registered in the U.S. Coast Guard’s Response Resource Inventory (RRI) and located within the Guam Captain of the Port (COTP) zone in support the requirements of 33 CFR 155. The gap analysis highlights where equipment falls short of the requirements for Worst Case Discharge 1 (WCD1) in each operating area (e.g. Offshore, Near Shore, etc.) Totals are taken directly from the RRI for OSROCO, registered as OSRO #239. PLEASE NOTE: These totals include 12,000 feet of 19 inch boom on order and en route to Guam as of 27 January 2013. Classification Level: WCD1

Vessel

Resources

Total

Qualified Protective Boom (ft) Greater than 18 inches* EDRC (bbls) Qualified Containment Boom (ft) Greater than 42 inches TSC (bbls) Max Response Time (hrs)

Offshore Required

Gap

25000

15000

None

3608

12500

8892

3600

3100

None

32043 20

25000 None 24 None

*These totals include 12,000 feet of 19 inch boom on order and en route to Guam as of 27 January 2013.

Classification Level: WCD1

Vessel

Resources

Total (Owned & Contracted)


Near Shore Required

Gap

25000

30000

5000

3600

12500

8900

0

3100

3100

32043 20

25000 None 24 None


CONTRACT #:


Vessel

Resources


Qualified Protective Boom (ft) Greater than 18 inches* EDRC (bbls) Qualified Containment Boom (ft) TSC (bbls) Max Response Time (hrs)

AGR - _______ - _______ - _______

Ocean Required

Gap

25000

0 None

3600

12500

8900

3600

3100 None

32043 20

25000 None 24 None



Vessel

Resources


Qualified Protective Boom (ft) 18-42 inches* EDRC (bbls) Qualified Containment Boom (ft) 18-42 inches TSC (bbls) Max Response Time (hrs)

Inland Required

Gap

25000

30000

5000

3600

12500

8900

0

3100

3100

41417 20

25000 None 24 None



Vessel

Resources



River or Canal Required

Gap

1770

25000 23230

3608

1875 None

0 41417 20

3100

3100

3750 None 24 None


CONTRACT #:

AGR - _______ - _______ - _______

Cascade Plan for Augmenting Oil Spill Response Equipment in Guam and CNMI

The following pages list the components of a “Cascade Plan” to support the oil spill response requirements of the Guam CNMI Alternative Planning Criteria. The Cascade Plan identifies available resources which, depending on other commitments at the time requested, may be used to respond to an oil spill threat or incident in Guam and the CNMI. Available resources will be confirmed at time of mobilization, consistent with needs of a particular responsible party. While this report focuses on equipment that supports requirements of 33 CFR 155, it is important to note that T&T has supporting equipment such as hoses, pumps, and necessary peripherals to complete each skimming system. Cascade Locations   

Singapore Roseville, MI Houston/Galveston, TX

CONTRACT #:

AGR - _______ - _______ - _______

Singapore. Equipment is located at the T&T Salvage Asia Pte. Ltd. Warehouse, 1 Tuas Avenue 20, Singapore 638832. The equipment will be shipped from Singapore Changi Airport (SIN). We will use a mobilization time of 28 hours, which consists of a 1 hour notification time, 3 hour mobilization time, and a 24 hour load time for air freight. Travel speed by air is 450 kts, and travel time by air from SIN to Antonio B. Won Pat International Airport (GUM) is 6.5 hours. Total response time is 30.5 hours. Description Drum Skimmer 61" Inflatable Boom 42" Inflatable Boom Total

Quantity

Boom Length (ft)

Boom Height (in)

Nameplate Rate (GPM)

2 2,624' 1,500'

140 2624 1500 4124

61 42 960 EDRC

Roseville, MI. Equipment is located at the T&T Marine Salvage Warehouse, 30580 Edison Drive, Roseville, Michigan 48066. The equipment will be shipped from Coleman A. Young International Airport (DET). We will use a mobilization time of 28 hours, which consists of a 1 hour notification time, 3 hour mobilization time, a 24 hour load time for air freight. Travel speed by air is 450 kts, travel time by air from DET to GUM is 16 hours. Total response time is 44 hours. Description Quantity 18" Hard Boom 15,000 Total

Boom Length (ft) Boom Height (in) Nameplate Rate (GPM) 15000 18 15000

Houston/Galveston, TX. Equipment is located at the T&T Marine Salvage, Inc. Warehouse, 9723 Teichman Road, Galveston, Texas 77554. The equipment will be shipped from G. Bush Intercontinental Airport (IAH). We will use a mobilization time of 28 hours, which consists of a 1 hour notification time, 3 hour mobilization time, a 24 hour load time for air freight. Travel speed by air is 450 kts, travel time by air from IAH to GUM is 16 hours. Total response time is 44 hours. Description Aqua-Guard Triton- 150 Drum Skimmer GT-185 Weir Skimmers 61" Inflatable Boom 18" Hard Boom 10" Hard Boom Total

Quantity

Boom Length (ft)

Boom Height (in)

Nameplate Rate (GPM) 1300 700 200 1200

2 10 1 4 2,624' 125,000' 1,000'

2624 125000 1000 128624

61 18 10 23315 EDRC

CONTRACT #:

AGR - _______ - _______ - _______

Summary of Results The Cascade Plan effectively meets the resource requirements of WCD1 for vessels within 44 hours of notification for every operating area. The below table summarizes how the plan meets resource requirements. Classification Level: WCD1 Vessel Resources

Offshore

Total


Required 25000

4748 None None

44

44

Near Shore Required

Present Gap Singapore

Houston / Galveston

Roseville

30000

5000

4124

127624

142000 None

3600

12500

8900

960

23315

24275 None

0

3100

3100

2124

2624

4748 None

25000 None 24 None

15000

Cascade Total Cascade Gap

25000

None 30.5

44

44

Ocean Required


25000

0 None

3600

12500

4124 8900

Houston / Galveston

Roseville

127624

142000 None

23315

24275 None

2624

4748 None

3600

3100 None

2124

25000 None 24 None

30.5

15000


960

32043 20

None 44

44

Inland


Required


Houston / Galveston

Roseville

30000

5000

3600

12500

8900

960

0

23315

24275 None

0

3100

3100

1500

15000

125000

136500 None

30.5

44

44

41417 20

25000 None 24 None

1500

15000


25000

Classification Level: WCD1 Vessel

Qualified Protective Boom (ft) 6-18 inches EDRC (bbls) Qualified Containment Boom (ft) 6-18 inches TSC (bbls) Max Response Time (hrs)

24275 None

2624

30.5


Resources

142000 None

23315

25000 None 24 None



127624

32043 20

15000


960 2124

32043 20


4124 8892

3100 None


Resources

12500

Houston / Galveston

Roseville

3600



Resources

15000 None

3608

Classification Level: WCD1 Vessel Resources


125000

141500 None

None

River or Canal


Required

1770 3608 0 41417 20

Present Gap Singapore 25000

Houston / Galveston

Roseville


23230

15000

126000

141000 None

3100

15000

126000

117770 None

44

44

1875 None 3100 3750 None 24 None

None

None 30.5

CONTRACT #:

AGR -

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OIL SPILL RESPONSE OPERATIONS COMPANY LLC AND T & T MARINE SALVAGE, INC. Sector Guam Addendum to Emergency Response Services Agreement Oil Spill Response Operations Company LLC, 522 Chalan Pasaheru, Tamuning, Guam 96913 (referred to hereinafter as “OSROCO”) and T&T Marine Salvage, Inc., 9723 Teichman Road, Galveston, TX 77554 (referred to hereinafter as “T&T”), and (referred to hereinafter as “Client”) entered into certain agreements titled OIL SPILL RESPONSE OPERATIONS COMPANY LLC AND T&T MARINE SALVAGE, INC. EMERGENCY RESPONSE SERVICES AGREEMENT and OIL SPILL RESPONSE OPERATIONS COMPANY LLC AND T&T MARINE SALVAGE, INC. SECTOR GUAM & CNMI OSRO MEMBERSHIP PROGRAM AND CONTRACTOR DESIGNATION AGREEMENT (collectively referred to hereinafter as the “Agreements”). WHEREAS, the parties to the Agreements wish to modify and supplement the terms of the Agreements with this Addendum to Emergency Response Services Agreement (referred to hereinafter as “Addendum”). NOW THEREFORE, in consideration of the mutual promises herein, the parties hereby agree to the following: Full compliance with the federal oil spill response regulations pertaining to self-propelled tank and non-tank vessels operating in the more remote areas of Guam and the Commonwealth of Northern Marianas Islands is not possible because the equipment to meet oil spill removal requirements prescribed in Coast Guard regulations is not available in this expansive and remote region of the South Pacific. It is the intention of OSROCO/T&T to satisfy the requirements of the document attached hereto as Exhibit 1 and incorporated herein by reference titled D14 REMOTE ZONE APC REQUIREMENTS dated 23 January 2014 (referred to hereinafter as the “D14 Requirements”) by identifying additional oil spill response resources that may be immediately mobilized as a practical alternative to achieving full compliance with 33 CFR 155. Appendix A, attached hereto and incorporated herein by reference, identifies oil spill response resources owned or contracted by OSROCO/T&T located within the Guam Captain of the Port (COTP) Zone in support of the requirements of 33 CFR 155. Appendix A further identifies additional dedicated oil spill response resources owned by OSROCO/T&T located outside of the Guam Captain of the Port (COTP) Zone that may be mobilized to supplement on-island equipment to meet WCD1 requirements in accordance with the D14 Requirements for Guam and the Commonwealth of Northern Marianas Islands. This Addendum is attached to and forms part of the Agreements. To the extent that this Addendum contradicts or conflicts with any of the terms or conditions of the Agreements, it is expressly understood and agreed that the terms of this Addendum shall take precedence and supersede the Agreements. Signature below acknowledges understanding of this Addendum to meet WCD1 requirements through D14 Requirements.

CONTRACT #: Effective as of the

day of

Client: Signature: Printed Name: Title:

OIL SPILL RESPONSE OPERATIONS COMPANY LLC Signature: Printed Name: Title:

T&T MARINE SALVAGE, INC. Signature: Printed Name: Title:

, 20

AGR , by:

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