MN for specified fuels, recordkeeping requirements and safety exemption
The California Air Resources Board (CARB) has issued three notices related to its fuel sulphur regulation for ocean-going ships s follows:
1. The first notice relates to the noncompliance fee payable for vessels instead of using the specified fuels Marine Notice 2011-3 ;
This notice details the Noncompliance Fee Provision for non compliant vessels that operate within 24 nautical miles of the Californian Baseline.
This requirement will be enforced as of 1 December 2011. More stringent standards are planned to be phased in over time. This provision allows vessel operators to pay a fee rather than comply with the new low sulphur emissions standards.
Operators should bear in mind that these fees are substantial. For example, the fee for a first time non-compliant visit to a California port is $45,500 and increases with each subsequent visit. Additionally, there are notice requirements that need to be given, which alerts the relevant authorities of the non-compliant visits
2. The second notice relates to recordkeeping requirements Marine Notice 2011-4
Vessels within 24 nautical miles of the California Baseline are required to keep enhanced records.Vessel operators are subject to substantial penalties under Californian state law if the required records are not kept.
3. The third notice provides information on the safety exemption Marine Notice 2011-5 .
This Notice provides vessel operators with a safety exemption for not following the requirements of the regulation.
This exemption could be used when compliance would endanger the safety of the vessel, its crew, its cargo or its passengers due to some extraordinary reasons beyond the Master’s reasonable control.
Within 24 hours after the episode during which the exemption is used, the Master must contact CARB and claim the safety exemption.
Finally, the Master must submit within four working days after notification of the safety exemption, all documentation to verify that these conditions did exist and submit steps that will be taken to avoid or minimize the possibility of a reoccurrence.
Source: CARB
