Cruise Bruise Blog
November 5, 2009
November 5, 2009
Sailing Under The Radar - Celebrity Millennium Dodges Federal Law In Alaska
Through notices made pubic under The Freedom Of Information Act, Cruise Bruise has learned that a notification out of Washington DC, indicates that Royal Caribbean International's, Celebrity Millennium was out of compliance, sailing illegally in Alaskan waters during the 2009 Alaskan cruise season.
The notification says:
Celebrity Millennium
Washington DC
October 4, 2009
"33 USC 1321(j)(5)(d)(iii)-OSRO contracts with Alaska Chadux Corporation and SEAPRO expired 12/31/2008. Vessel does not have authorization to operate in the Prince William Sound, Southeast Alaska, Western Alaska COTP zones until valid, current copies of OSRO contracts are submitted."
Fees are paid to both SEAPRO and Chadux for Oil Spill Removal Organization (OSRO) contracts under federal law to guarantee any pollution coming from the cruise ships, and other ships, sailing near American shores will be immediate responsive to any pollution they are responsible for.
The delay between the time Washington should have been notified the Millennium was out of compliance and the time the ship was forbidden to enter Alaskan waters is clearly unacceptable.
This was suppose to be taken care of at least 15 days before Millennium sailed into Alaskan waters in late spring. Yet, the Millennium began sailing to Alaska as soon as she came out of dry dock on May 21, 2009 and continued to sail into all major Alaskan ports until she left Alaskan waters for the season on September 30, 2009.
By the time the alert went out that Millennium was non-compliant with federal law, forbidden to enter Alaskan waters, she had left only a few day before.
The Law
§33 USC 1321 covers Oil and hazardous substance liability under the Federal Water Pollution Control Act. It is required that all vessels sailing into Alaska must have contracts before they enter Alaskan water, that will provide for clean-up in the event of contamination originating from the ship.
The law specifies that:
(j) National Response System
(1) In general
Consistent with the National Contingency Plan required by subsection (c)(2) of this section, as soon as practicable after October 18, 1972, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws
(A) establishing methods and procedures for removal of discharged oil and hazardous substances,
(B) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans,
(C) establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities, and to contain such discharges, and
(D) governing the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes in order to reduce the likelihood of discharges of oil from vessels in violation of this section.
(5)(ii) The President shall also issue regulations which require an owner or operator of a nontank vessel to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil.
(iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge;
and it specifies:
(F) A tank vessel, nontank vessel, offshore facility, or onshore facility required to prepare a response plan under this subsection may not handle, store, or transport oil unless—
(i) in the case of a tank vessel, nontank vessel, offshore facility, or onshore facility for which a response plan is reviewed by the President under subparagraph (E), the plan has been approved by the President; and
(ii) the vessel or facility is operating in compliance with the plan.
What Is Chadux?
Alaska Chadux Corporation (Chadux) is a member-funded, 501(c)(4) not-for-profit oil spill response organization headquartered in Anchorage, Alaska.
"All Alaska Non Tank vessel OSRO contracts expire on December 31, 2006 regardless of when in the calendar year the coverage is arranged. As such, we must renew your OSRO coverage for you in 2007, or your vessel(s) are not approved to call Alaska after December 31, 2006.
If you are unsure of where or when your vessels will be trading, the State of Alaska will allow ECM to maintain your contingency plan in a suspended status. Once you have a scheduled port call in Alaska, ECM can contract with the appropriate OSRO and advise the State of Alaska accordingly. This will help to minimize the annual cost of compliance for owners/operators in the spot market, and at the same time provide an expedited plan approval process. Please keep in mind, Alaska requires that plans or plan amendments be submitted at least five (5) business days prior to the vessel entering Alaska State waters.
Please continue to provide us with voyage notifications when your vessels call Alaska so that we can ensure you have the proper OSRO coverage and plan approval.
OSRO Update:
There are two (2) oil spill removal organizations (OSRO) offering coverage for non tank vessels in Alaska. ALASKA CHADUX CORPORATION provides coverage everywhere (Regions 2-9) except Southeast Alaska, which is comprised of Juneau, or Region 1. Region 1 is covered by SOUTHEAST ALASKA PETROLEUM RESOURCE ORGANIZATION (SEAPRO). Non tank vessels calling Alaska may require contracts with both OSROs depending on which areas in Alaska the vessels will trade. The annual fee for SEAPRO and Chadux are based on the total fuel oil capacity of the vessel.
. . . Remember, Alaska regulations require that the ADEC receives non-tank vessel COFR applications no less than 15 days prior to a vessel’s entry into Alaskan waters. "
