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GENERAL 1. 2. 3.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"PART II - SURVEYS AND CERTIFICATES OF SHIPS 5. 6. 7. 8. 9. 10. 11. 12. 13.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Issue or endorsement of IAPP Certificates to Cayman Islands ship by another 15.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Arrangement of Regulations Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 17. 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Prohibition on non-Cayman Islands ships proceeding to sea without an IAPP Certificate PART III \u2013 CONTROL, INSPECTION AND DETENTION OF SHIPS 21. 22. 23. 24. 25.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Investigation of alleged breaches by a Cayman Islands ship reported by another 27.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Right of appeal and compensation for unjustified detention or serving of Improvement or PART IV - CONTROL OF EMISSIONS FROM SHIPS - DIVISION 1 \u2013 OZONE DEPLETING SUBSTANCES 29. 30. 31. 32.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"DIVISION 2 \u2013 NITROGEN OXIDES (NOX) 34. 35. 36. 37. 38. 39. 40. 41. 42.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"DIVISION 3 \u2013 SULPHUR OXIDES (SOX) 44. 45. 46.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Blending of fuel oils to achieve sulphur content limits for operating in an Emission Control\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"DIVISION 4 \u2013VAPOUR EMISSION CONTROL 49.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Arrangement of Regulations SL 11 of 2013 PART V\u2013 SHIPBOARD INCINERATION 51. 52. 53. 54.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"PART VI\u2013 FUEL OIL AVAILABILITY AND QUALITY 56. 57. 58. 59. 60. 61. 62. 63. 64. 65.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"PART VII \u2013 OFFENCES AND ENFORCEMENT 67. 68. 69. 70. 71.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"SCHEDULE 1 TYPE APPROVAL AND OPERATING LIMITS FOR SHIPBOARD INCINERATORS SCHEDULE 2 INFORMATION TO BE INCLUDED IN A BUNKER DELIVERY NOTE SCHEDULE 3 EMISSION CONTROL AREAS Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 1 SL 11 of 2013 Merchant Shipping (Marine Pollution) Law MERCHANT SHIPPING (MARINE POLLUTION) (PREVENTION OF AIR POLLUTION FROM SHIPS) REGULATIONS, 2012 (SL 11 of 2013) The Governor, in exercise of the powers conferred on him by section 6 of the Merchant Shipping (Marine Pollution) Law, 2001, and by section 463 of the Merchant Shipping Law (2011 Revision), hereby makes the following regulations: PART I - GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These Regulations may be cited as the Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. (1) In these Regulations \u2014 \u201cAnnex VI\u201d means the Regulations for the Prevention of Air Pollution from Ships appended to the Protocol of 1997 to the Marine Pollution Convention and adopted by the International Conference of Parties to the MARPOL Convention in September 1997, together with the amendments adopted on 10 October 2008 under Resolution MEPC.176(58) and those adopted 26 March 2010 under Resolution MEPC.190(6) and any such future amendments thereof Regulation 2 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 or replacements therefor with respect to the Protocol of 1997 and Annex VI as may be in effect in respect of the Islands; \u201canniversary date\u201d in relation to an IAPP Certificate means the day and month of each year, within the period of validity of the Certificate, which corresponds to the date of expiry of the Certificate and for a Certificate issued with a period of validity of n years, where n is greater than 1 but not greater than 5, the last anniversary means the anniversary date occurring in the year preceding the date of expiry of the Certificate, the last but one anniversary (where applicable) means the anniversary date occurring in the second year preceding the expiry date, with earlier anniversary dates as applicable being construed accordingly; \u201cannual survey period\u201d means the period of six months commencing three months prior to each anniversary date; \u201cCayman Islands ship\u201d has the same meaning as in section 2 (1) of the Merchant Shipping Law (2011 Revision); \u201cChief Executive Officer\u201d means Chief Executive Officer of MACI; \u201ccontinuous feeding\u201d in relation to a shipboard incinerator, means the process whereby waste is fed into a combustion chamber without human assistance while the incinerator is in normal operating conditions with the combustion chamber operative temperatures within the range of 850\u00b0 and 1200\u00b0C; \u201cConvention country\u201d means \u2014 (a) a country, the government of which is party to MARPOL 73\/78 and the 1997 Protocol thereto; and (b) a territory of such a country to which MARPOL73\/78 and the 1997 Protocol thereto extends; \u201cdirect replacement\u201d, in relation to the equipment and fittings required under these Regulations, means the direct replacement of equipment and fittings with equipment and fittings that conform with the provisions of Annex VI; \u201cemission\u201d means any release of a substance subject to control by these Regulations from a ship into the atmosphere or sea; \u201cemission control area\u201d means the areas as delineated in Schedule 3 together with any other sea area, including a port area, so designated as an emission control area in any amendment to the Protocol of 1997 as may be in effect from time to time in respect of the Islands; \u201cfuel oil\u201d means any fuel delivered to and intended for combustion purposes for propulsion or operation on board a ship and includes distillate and residual fuel; \u201cfuel oil supplier\u201d means any person who supplies fuel oil from within the Cayman Islands to any ship to which these regulations apply; Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 2 SL 11 of 2013 \u201cIAPP Certificate\u201d means a certificate entitled \u201cInternational Air Pollution Prevention Certificate\u201d issued in accordance with Annex VI; \u201cIGC Code\u201d means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk and any subsequent amendments thereof or replacements therefor as may be in effect in respect of the Islands; \u201cintermediate survey period\u201d means the period of six months commencing three months prior to the second or the third anniversary date; \u201cLaw\u201d means the Merchant Shipping (Marine Pollution) Law, 2001; \u201clength (L)\u201d has the same meaning as in regulation 2 of the Merchant Shipping \u2014 (Load Line) Regulations, 2002, as may be amended from time to time; \u201cMACI\u201d means the Maritime Authority of the Cayman Islands and is the Maritime Authority established under section 3 of the Maritime Authority Law (2008 Revision); \u201cmarine diesel engine\u201d means any reciprocating internal combustion engine operating on liquid or dual fuel to which regulation 34 applies, including booster\/compound systems if applied; \u201cMarine Pollution Convention\u201d or \u201cMARPOL 73\/78\u201d means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, together with such amendments thereof or replacements therefor as may be in effect in respect of the Islands; \u201cmaximum continuous rating of the engine\u201d means the rated power in kW as given in the Engine International Air Pollution Prevention Certificate issued in accordance with the NOx Technical Code; \u201cnew installation\u201d means the installation of systems, equipment, including new portable fire extinguishing units, insulation, or other material on a ship, but excludes repair or recharge of previously installed systems, equipment, insulation, or other material, and excludes recharge of portable fire extinguishing units; \u201cNOx Technical Code\u201d means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines adopted on 27 September 1997 by Resolution 2 of the Conference of Parties to MARPOL 73\/78 together with amendments adopted on 10 October 2008 under Resolution MEPC.177(58) and any such future amendments thereof or replacements therefor as may be in effect in respect of the Islands; \u201cnoxious liquid substance\u201d has the meaning given in regulation 1.10 of Annex II to MARPOL 73\/78; \u201coffshore terminal\u201d means an installation situated away from the shore where bulk fluid or gas cargo is \u2014 Regulation 2 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (a) transferred between ships; (b) loaded on to a ship having been transported from the shore line; or (c) unloaded from a ship for transporting to the shoreline; \u201cowner\u201d, in relation to a ship, has the same meaning as in section 2(1) of the of the Merchant Shipping Law (2011 Revision); \u201cozone-depleting substance\u201d means a controlled substance defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, listed in Annex A, B, C or E to that Protocol together with any such future amendments thereof or replacements therefor with respect to that Protocol as may be in effect in respect of the Islands; \u201cperiod of validity\u201d in relation to an IAPP Certificate means the period from the initial date of issue of the Certificate following the satisfactory conclusion of an initial survey in accordance with regulation 5 or renewal survey in accordance with regulation 6 until the date of expiry of that Certificate and any re-issue of the same Certificate, other than following a satisfactory initial or renewal survey, shall not affect the Certificate\u2019s period of validity or expiry date or the cycle of surveys applicable during the period of validity; \u201cplatform\u201d includes fixed and floating platforms and drilling rigs; \u201cProtocol of 1997\u201d means the Protocol, dated 26th September 1997, to amend MARPOL 73\/78; \u201cship\u201d means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and platforms; \u201cshipboard incineration\u201d means the incineration on board a ship of wastes or other matter generated during the normal operation of the ship; \u201cshipboard incinerator\u201d means a shipboard facility designed for the primary purpose of incineration; \u201csludge oil\u201d means sludge from fuel or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, or waste oil from bilge water separators, oil filtering equipment or drip trays; \u201csurveyor\u201d means a person who is appointed as a surveyor of ships under section 419 (1) and (2) of the Merchant Shipping Law (2011 Revision); (2) Any reference in Part II to a survey, so far as it concerns a survey of engines and equipment for compliance with regulation 37, means a survey in accordance with the NOx Technical Code. (3) Any reference in these Regulations to the date of construction of a ship is a reference to the date on which the keel of the ship is laid or on which the ship is at a stage of construction at which \u2014 (a) construction identifiable with a specific ship has begun; and Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 3 SL 11 of 2013 (b) assembly of that ship has incorporated at least 50 tonnes of structural material or one per cent of the estimated mass of all structural material, whichever is less. (4) In the application of these Regulations to \u2014 (a) an air-cushion vehicle, a reference to the master of a ship includes a reference to the captain of that air-cushion vehicle; and (b) a platform, a reference to the master of a ship includes a reference to the manager of that platform.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application 3. (1) Unless expressly provided otherwise, these Regulations apply to \u2014 (a) all Cayman Islands ships; (b) other ships while they are within the territorial sea of the Cayman Islands; (c) any marine diesel engine of 130kW power or above installed on any ship to which these Regulations apply. (2) These Regulations do not apply to \u2014 (a) any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government, non-commercial service; (b) any emission necessary for the purpose of securing the safety of a ship or saving life at sea; (c) any emission resulting from damage to a ship or its equipment \u2014 (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the emission for the purpose of preventing or minimising the emission; and (ii) except if the operator or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; (d) any emission from any ship arising directly from the exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to \u2014 (i) the flaring of hydrocarbons; (ii) the burning of cuttings, muds and stimulation fluids during well completion and testing operations; (iii) flaring arising from upset conditions; (iv) the release of gases and volatile compounds entrained in drilling fluids and cuttings; Regulation 4 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (v) emissions associated solely and directly with the treatment, handling and storage of sea-bed minerals; and (vi) emissions from marine diesel engines that are solely dedicated to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources; (e) the use of hydrocarbons that are produced and subsequently used on-site as fuel by a Cayman Islands ship or platform where such use has been authorised by the Chief Executive Officer. 4. Equivalents 4. (1) The Chief Executive Officer may permit any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by these Regulations if that fitting, material, appliance or apparatus is at least as effective in terms of emissions reductions as that required by these Regulations. (2) The Chief Executive Officer shall inform the IMO of any equivalent permitted in accordance with paragraph (1). PART II - SURVEYS AND CERTIFICATES OF SHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Requirement for IAPP certificate: Initial Survey 5. (1) A Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform must not \u2014 (a) be put into service; or (b) if it is already in service, continue in service, unless the requirements set out in paragraph (2) are met. (2) The requirements referred to in paragraph (1) are that \u2014 (a) a survey has been carried out in respect of the ship; (b) at the date of the survey the surveyor is satisfied that the equipment, systems, fittings, arrangements and materials fully comply with the requirements of this Part, or an alternative that has been permitted pursuant to regulation 4; and (c) an IAPP Certificate has been issued in respect of that ship and is still valid. (3) A survey carried out under paragraph (2) is referred to in these Regulations as an \u201cinitial survey\u201d. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 6 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Renewal of IAPP Certificate: Renewal Survey 6. (1) A Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform must not \u2014 (a) proceed to sea; or (b) if it is already at sea, remain at sea, after the date of expiry of an IAPP certificate in respect of that ship unless the requirements set out in paragraph (2) are met. (2) The requirements referred to in paragraph (1) are that \u2014 (a) a survey has been carried out in respect of the ship; (b) at the date of the survey the surveyor is satisfied that the equipment, systems, fittings, arrangements and materials fully comply with the requirements of Part III, or an alternative that has been permitted pursuant to regulation 4; and (c) an IAPP Certificate has been issued in respect of that ship and is still valid. (3) A survey carried out under paragraph (2) is referred to in these Regulations as a \u201crenewal survey\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Annual Survey 7. (1) Subject to paragraph (3), a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform must not \u2014 (a) proceed to sea; or (b) if it is already at sea, remain at sea, after the end of any annual survey period for that ship unless the requirements set out in paragraph (2) are met. (2) The requirements referred to in paragraph (1) are that \u2014 (a) a survey has been carried out in respect of the ship; and (b) the surveyor \u2014 (i) is satisfied, at the date of survey, that the equipment, systems, fittings, arrangements and materials of that ship have been maintained in accordance with this Part and remain satisfactory for the service for which the ship is intended; and (ii) has endorsed the IAPP Certificate to that effect. (3) Paragraph (1) does not apply if the requirements of regulation 6(2) or 8(2) have been met during the annual survey period in question. (4) An endorsement referred to in paragraph (2)(b)(ii) must be in the form set out in Appendix 1 to Annex VI. Regulation 8 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (5) A survey carried out under paragraph (2) is referred to in these Regulations as an \u201cannual survey\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Intermediate Survey 8. (1) Subject to paragraph (2), a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform must not \u2014 (a) proceed to sea; or (b) if it is already at sea, remain at sea, after the third anniversary date, unless the requirements set out in paragraph (2) are met. (2) The requirements referred to in paragraph (1) are that \u2014 (a) a survey has been carried out in respect of the ship during an intermediate survey period; and (b) the surveyor \u2014 (i) at the date of that survey is satisfied that the equipment and arrangements of that ship fully comply with the requirements of this Part, or an alternative that has been permitted pursuant to regulation 4, and are at the time of the survey in good working order; and (ii) has endorsed the IAPP Certificate to that effect; (3) An endorsement referred to in sub-paragraph (2)(b)(ii) must be in the form set out in Appendix 1 to Annex VI. (4) A survey carried out under paragraph (2) is referred to in these Regulations as an \u201cintermediate survey\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Responsibilities of the owner and master of a ship 9. (1) The owner and the master of a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform must ensure that the condition of the ship and its equipment are maintained to conform with the provisions of Part III so as to ensure that the ship in all respects remains fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. (2) The owner and the master of a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform must ensure that after any survey of the ship required by this Part has been completed, no change, except by way of direct replacement, is made to the equipment, systems, fittings, arrangements and materials of that ship covered by the survey without the approval of the Chief Executive Officer. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 10 SL 11 of 2013 (3) Whenever \u2014 (a) an accident occurs to a ship; or (b) a defect is discovered in a ship, which substantially affects the efficiency or completeness of the equipment of the ship required under this Part, the owner and the master of the ship must ensure that the requirements of paragraph (4) are complied with. (4) The requirements referred to in paragraph (3) are that \u2014 (a) the accident or defect, as the case may be, is reported at the earliest opportunity to the Chief Executive Officer that issued the appropriate certificate in respect of the ship; and (b) in the case of a ship in a port outside the Cayman Islands, the accident or the defect, as the case may be, is also immediately reported to the appropriate maritime authorities in the country in which the port is situated. (5) Whenever an accident or defect is reported to the Chief Executive Officer in accordance with paragraph (4)(a), he \u2014 (a) may cause an investigation to be initiated to determine whether or not an additional survey is necessary; and (b) if it considered that an additional survey is necessary, shall cause that survey to be carried out. (6) Whenever an accident or defect is reported to the Chief Executive Officer in accordance with paragraph (4)(a) and the ship in question is in a port outside the Cayman Islands, the Chief Executive Officer shall take all appropriate steps to ascertain that the requirement in paragraph (4)(b) has been complied with.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Additional Surveys 10. (1) This regulation applies to a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform where \u2014 (a) a survey is considered necessary in accordance with regulation 9(5); or (b) an important repair or renewal, other than by way of direct replacement, has been made to the ship. (2) A ship to which this regulation applies must not \u2014 (a) proceed to sea; or (b) if it is already at sea, remain at sea, unless the requirements set out in paragraph (3) are met. (3) The requirements referred to in paragraph (2) are that \u2014 Regulation 11 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (a) a survey has been carried out in respect of the ship; (b) t the date of the survey the surveyor is satisfied that \u2014 (i) the repair or renewal has been made effectively; (ii) the materials used in, and the workmanship of, the repair or renewal are satisfactory in all respects; and (iii) the ship complies in all respects with the requirements of Part III; and (c) the surveyor has issued a survey report expressing the satisfaction required by subparagraph (b). (4) A survey carried out under paragraph (3) is referred to in these Regulations as an \u201cadditional survey\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Nominated Surveyors and Recognised Organisations 11. (1) Subject to paragraph (2), surveys under these Regulations shall be carried out by a surveyor of ships. (2) The Chief Executive Officer may entrust the surveys under these Regulations to surveyors nominated for the purpose or to organisations recognised by him. (3) Where surveyors or organisations are entrusted by the Chief Executive Officer under paragraph (2), the Chief Executive Officer shall ensure the completeness and efficiency of the surveys and shall undertake to ensure the necessary arrangements satisfy this obligation. (4) Surveyors or organisations to whom surveys are entrusted under paragraph (2) shall as a minimum be empowered by the Chief Executive Officer to require that corrective action is taken immediately to bring a ship into compliance with this Part. (5) The Chief Executive Officer shall notify the IMO of the specific responsibilities and conditions of the authority delegated to such nominated surveyors or recognised organisations for circulation to MARPOL member States.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Issue of IAPP Certificate 12. (1) On being notified by a surveyor that the surveyor \u2014 (a) has carried out an initial survey or a renewal survey in respect of a ship to which this regulation applies; and (b) is satisfied at the date of the survey that the equipment, systems, fittings, arrangements and materials fully comply with the requirements of this Part or an alternative that has been permitted pursuant to regulation 4, the IAPP Certificate shall be issued or endorsed by either the Chief Executive Officer or by any person or organisation duly authorised by him and in every Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 13 SL 11 of 2013 such case the Chief Executive Officer shall assume full responsibility for the Certificate. (2) Where a ship is transferred to the Cayman Islands flag, a new IAPP Certificate shall only be issued when the Chief Executive Officer is fully satisfied that \u2014 (a) the ship is in full compliance with these Regulations; and (b) no changes, except by way of direct replacement, have been made to the equipment, systems, fittings, arrangements and materials of that ship since the initial issue of the IAPP Certificate issued by the Convention country from which the ship is being transferred and which is in force at the time of transfer. (3) An IAPP Certificate issued under these Regulations must be in English and in the form set out in Appendix 1 to Annex VI.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Issue or endorsement of IAPP Certificates at the request of another Convention country 13. (1) The Chief Executive Officer may, at the request of a Convention country other than the Cayman Islands, cause a ship which is registered in or otherwise entitled to fly the flag of that Convention country, to be surveyed and, if satisfied following such a survey that these Regulations have been complied with, shall issue or authorise the issuance to that ship of an IAPP Certificate, and where appropriate endorse or authorise the endorsement of the IAPP Certificate on the ship, in accordance with these Regulations. (2) An IAPP Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Convention country and a copy of it together with a copy of the survey report shall be transmitted as early as possible to the Convention country requesting the survey. (3) No IAPP Certificate shall be issued to a ship which is not entitled to fly the flag of a Convention country. 14. Issue or endorsement of IAPP Certificates to Cayman Islands ship by another Convention country 14. (1) The Chief Executive Officer may request a Convention country, other than the Cayman Islands, to survey a Cayman Islands ship to which these Regulations apply and, if the surveyor undertaking the survey is satisfied, following such a survey, that these Regulations have been complied with the Chief Executive Officer may request the Convention country to issue to that Cayman Islands ship an IAPP Certificate, and where appropriate endorse or authorise the endorsement of the IAPP Certificate on the ship, in accordance with these Regulations and Annex VI. Regulation 15 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (2) An IAPP Certificate issued by another Convention country in accordance with paragraph (1) shall have the same force and receive the same recognition in the Islands as an IAPP Certificate issued under these Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Duration and validity of IAPP Certificate 15. (1) Subject to the following paragraphs and to regulations 16(3) and 18(1), an IAPP Certificate issued in respect of a ship to which this Regulation applies is valid for such period as is specified in the Certificate, not exceeding five years beginning with the date of completion of the relevant initial or renewal survey. (2) Subject to paragraph (3), where a renewal survey is completed \u2014 (a) within the final three month period; or (b) after the date of expiry of the latest IAPP Certificate, the new IAPP Certificate is valid for such period as is specified in the Certificate, beginning with the date of the completion of the renewal survey and ending with a date not exceeding five years from the date of expiry of the latest IAPP Certificate. (3) An IAPP Certificate issued in respect of a ship ceases to be valid upon any one or more of the following occurrences taking place \u2014 (a) the ship transferring to the flag of another State; (b) the ship proceeding to sea where \u2014 (i) a repair or renewal referred to in regulation 10(1) has been made; and (ii) the requirements set out in regulation 10(3) have not been complied with; (c) if a survey under regulations 5, 6, 7 or 8 is not completed in accordance with the requirements of these Regulations; (d) if an IAPP certificate is not endorsed in accordance with the requirements of these Regulations; (e) upon a new IAPP Certificate being issued in respect of the ship; or (f) upon the date of expiry of the Certificate. (4) Upon transfer of a Cayman Islands ship, to which these Regulations apply, to the flag of another Convention country, where such country so requests within ninety days after the transfer has taken place, the Chief Executive Officer shall transmit as soon as possible to the government of the State concerned, a copy of the IAPP Certificate carried by the ship before the transfer and, if available, a copy of the ship\u2019s most recent survey report. (5) In this regulation, the \u201cfinal three month period\u201d means the period of three months ending on the date of expiry of the IAPP Certificate in question. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 16 SL 11 of 2013 16. Extension of validity of IAPP Certificate 16. (1) Subject to paragraphs (2) to (7), no extension of the five-year period of validity of the IAPP Certificate shall be permitted. (2) Where, at the time when an IAPP Certificate expires, the ship is not in a port of a State in which it can be surveyed, an extension to the period of validity of the Certificate may be granted \u2014 (a) for a period of not more than three months; and (b) only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and only then when it appears proper and reasonable to do so. (3) After arrival in the port in which it is to be surveyed, a ship shall not be entitled by virtue of an extension granted under paragraph (2) to leave the port without having obtained a new IAPP Certificate. (4) Where a renewal survey has been completed and a new IAPP Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, the period of validity of the existing Certificate may be extended for a further period not exceeding five months from the expiry date of the Certificate. (5) An IAPP Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing paragraphs may be extended for a period of grace of up to one month from the date of expiry stated on it and when the renewal survey is completed the new Certificate shall be valid to a date not exceeding five years from the date of expiry of the existing Certificate before the extension was granted. (6) Where an annual or intermediate survey is completed before the periods specified in regulation 2 then \u2014 (a) the anniversary date shown on the IAPP Certificate shall be amended by endorsement to a date that shall not be more than three months later than the date on which the survey was completed; (b) the subsequent annual or intermediate survey required by regulation 7 or 8 respectively shall be completed at the intervals prescribed by that regulation using the new anniversary date; and (c) the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 7 or 8 are not exceeded. (7) Any extension of an IAPP Certificate shall be effected by the insertion, by a duly authorised person, of the appropriate endorsement on the Certificate. Regulation 17 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Procedure to be adopted when ship is deficient 17. (1) Where a surveyor determines that \u2014 (a) the condition of a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform, or its equipment, does not correspond substantially with the particulars of the IAPP Certificate (if any) issued in respect of the ship or platform; or (b) a Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any Cayman Islands platform, is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, the surveyor shall proceed in accordance with paragraph (2). (2) Where paragraph (1) is applicable, the surveyor shall advise the owner or master of the corrective action which in the opinion of the surveyor is required and where an IAPP Certificate has been issued in respect of the ship or platform and is still valid, the surveyor shall also notify the Chief Executive Officer \u2014 (a) that the surveyor has advised the owner and master of the corrective action required; and (b) where applicable, that the corrective action has not been taken. (3) Where an IAPP Certificate has been issued in respect of the ship and is still valid, the Chief Executive Officer may suspend the validity of that Certificate until the corrective action has been taken. (4) Where the Chief Executive Officer suspends the validity of an IAPP Certificate issued in respect of a ship, he must immediately give notice of such suspension \u2014 (a) to the owner of the ship; and (b) where the ship is in a port outside the Cayman Islands, to the appropriate maritime authorities of the country in which the port is situated. (5) Where the owner of the ship is given notice of the suspension of an IAPP Certificate, that owner must notify the master of the ship in question of the suspension. (6) Paragraphs (1) and (2) have effect in relation to non-Cayman Islands ships in Cayman Islands waters as if \u2014 (a) the reference to \u201cthe Chief Executive Officer\u201d includes a reference to the Government of the State where the ship is registered or is otherwise entitled to fly the flag of that State if the ship is not registered; and (b) the reference to \u201ca surveyor\u201d includes a reference to a person authorised by that State to survey the ship. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 18 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Arbitration with respect to refusal to issue IAPP Certificate 18. (1) Should an owner, or any other person making an application for a survey required by these Regulations be dissatisfied with the outcome of the survey because the issue of an IAPP Certificate has been refused or for any other reason, he may serve notice, within twenty-one days of the completion of the survey, on the person responsible for issuing the certificate under regulation 12, that the dispute be referred to a single arbitrator, appointed by agreement between the parties, to be settled by him. (2) A person shall not be qualified for appointment as an arbitrator under this section unless he is \u2014 (a) a person holding a certificate of competency as a master mariner (unrestricted) or as a marine engineer officer Class 1, or a person holding a certificate equivalent to any such certificate; (b) a naval architect; (c) a person with at least ten years standing as an attorney-at-law in the Islands and with at least ten years\u2019 experience in shipping law; (d) a person referred to in section 3(1)(a) of the Legal Practitioners Law (2010 Revision) who has practised in the designated profession for a period of at least ten years and with at least ten years\u2019 experience in shipping law; or (e) a person with special experience in the shipping industry. (3) In connection with his functions under this regulation, an arbitrator shall have the powers of inspection conferred by section 422 of the Merchant Shipping Law (2011 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Miscellaneous provisions relating to IAPP Certificates 19. (1) The Chief Executive Officer may cancel an IAPP Certificate issued in respect of a ship to which these Regulations apply, where he has reason to believe that \u2014 (a) the IAPP Certificate was issued on false or erroneous information; or (b) since the completion of any survey required by these Regulations, the equipment or machinery of the ship has sustained damage or is otherwise deficient. (2) The Chief Executive Officer may require that an IAPP Certificate issued in respect of a ship to which these Regulations apply, and which has expired or which has been cancelled, or which has been suspended in accordance with regulation 17(3), is to be surrendered within such time and in such manner as he may in writing direct and the master or owner shall duly surrender the Certificate. (3) In relation to a ship to which this these Regulations apply, no person \u2014 Regulation 20 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (a) other than the Chief Executive Officer, or a person authorised by him to issue, endorse or alter an IAPP Certificate, shall intentionally alter an IAPP Certificate; (b) shall intentionally make or issue a false IAPP Certificate; (c) shall knowingly or recklessly provide false information in connection with a survey required under these Regulations; (d) shall with intent to deceive, use or lend an IAPP Certificate or permit an appropriate certificate to be used by another person; or (e) shall fail to surrender an IAPP Certificate where required to do so pursuant to paragraph (2). (4) The owner and the master of a ship, in respect of which an IAPP Certificate has been issued must ensure that the Certificate is readily available on board the ship for inspection at all times. 20. Prohibition on non-Cayman Islands ships proceeding to sea without an IAPP Certificate or documentation 20. (1) A non-Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any non-Cayman Islands platform registered in, or entitled to fly the flag of, a Convention country, must not proceed to sea from a port in the Cayman Islands unless \u2014 (a) an IAPP Certificate has been issued pursuant to Annex VI in respect of that ship and is still valid; (b) a surveyor is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment; or (c) where the ship or platform has been detained or is subject to detention, a person having power to detain the ship has permitted the ship to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available. (2) A non-Cayman Islands ship, other than a platform, of 400 gross tonnage and above and any non-Cayman Islands platform which is registered in or entitled to fly the flag of a country which is not a Convention country shall not proceed to sea from a port in the Cayman Islands unless documentation has been issued in respect of that ship which is still valid and shows that a survey has been carried out in respect of the ship as if regulation 5 applied to the ship; and either \u2014 (a) a surveyor is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment; or (b) where the ship or platform has been detained or is subject to detention, a person having power to detain the ship has permitted the ship to proceed Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 21 SL 11 of 2013 to sea for the purpose of proceeding to the nearest appropriate repair yard available. PART III \u2013 CONTROL, INSPECTION AND DETENTION OF SHIPS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Inspections of ships to ensure compliance 21. (1) Subject to paragraph (2) a surveyor or other officer referred to in section 420(1) of the Merchant Shipping Law (2011 Revision), or a proper officer, may, at all reasonable times, go on board any Cayman Islands ship wherever it may be and any other ship which is in Cayman waters in order to \u2014 (a) inspect or survey all or any part of the ship and its equipment; (b) inspect any documentation held or required to be held on board the ship; (c) assess the operational preparedness of the master and crew, as appropriate, in order to ascertain the level of compliance of the ship with these Regulations. (2) An inspection carried out for Port State Control purposes shall \u2014 (a) be undertaken in accordance with the applicable provisions of the Merchant Shipping (Port State Control) Regulations, 2003, as may be amended from time to time; and (b) in addition to the inspection procedures set out in regulation 6 of the Merchant Shipping (Port State Control) Regulations, 2003 and without affecting the generality of the application of those Regulations, an initial Port State Control inspection shall include \u2014 (i) verifying whether the ship has emitted any substances in contravention of these Regulations; and (ii) inspecting bunker delivery notes retained on board in accordance with regulation 61 (3). (3) An inspection or survey undertaken on board a Cayman Islands ship shall, as necessary, include \u2014 (a) an inspection or survey of any part of the ship or its equipment; (b) any documentation which the ship is required to have on board; and (c) an assessment of the familiarity of the master and crew with the essential shipboard procedures and use of equipment for the prevention of air pollution in accordance with these Regulations. Regulation 22 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Powers of surveyors and other officers 22. The powers conferred by sections 420, 421 and 422 of the Merchant Shipping Law (2011 Revision) shall be available to a surveyor or other officer referred to in regulation 21(1) with respect to the carrying out of any inspection or survey under these Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Detention of ships 23. (1) Subject to paragraph (2), where, in relation to any Cayman Islands ship wherever it may be and any other ship in Cayman Islands waters, other than a platform in transit, to which these Regulations apply \u2014 (a) an IAPP Certificate is required have been issued in respect of the ship but has not been issued, or has been issued but is not valid or is not on board; (b) the condition of the ship or its equipment does not correspond substantially with the particulars of the IAPP Certificate or other appropriate documentation which the ship should have on board; (c) the condition of the ship or its equipment is such that the vessel cannot proceed to sea without presenting an unreasonable threat of harm to the marine environment; (d) the master or crew are not familiar with essential shipboard procedures or the operation of equipment required under these Regulations relating to the prevention of air-pollution; or (e) an offence under regulation 67 has been committed, the ship is liable to be detained until a surveyor is satisfied that it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. (2) Where a ship is liable to be detained or has been detained under paragraph (1) a surveyor or other person having powers to detain the ship may permit the ship to proceed to the nearest port where appropriate repair facilities are available. (3) Section 444 of the Merchant Shipping Law (2011 Revision) applies where a ship is liable to be or is detained under this regulation as if references to the detention of a ship under that Law were references to these Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Procedures with respect to detention of ships 24. (1) Where a ship is liable to be detained under these Regulations a person authorised to detain the ship shall serve on the master of the ship or other person for the time being in charge of the ship a detention notice which states the grounds for detention and the requirements to be complied with in respect of the notice in order for the ship to be released from the detention. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 25 SL 11 of 2013 (2) Where a ship which is detained under these Regulations which is not a Cayman Islands ship the Chief Executive Officer shall immediately inform the Consul or a diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, of the detention and the grounds therefor. (3) Where a ship is detained under these Regulations a person authorised to detain shall release the ship in accordance with the applicable provisions of section 444 of the Merchant Shipping Law (2011 Revision) (4) It is prohibited for a ship on which a detention notice has been served to proceed to sea or attempt to proceed to sea unless a release from the detention has been issued in writing by a person authorised to issue a detention order in accordance with regulation 23(3). (5) Notwithstanding that a detained ship may be eligible for release where any applicable fine, cost and expenses have been paid by the master or owner of the ship, or a security paid, in accordance with section 444 of the Merchant Shipping Law (2011 Revision) the ship shall not be released until any deficiency for which the vessel was detained has been rectified to the satisfaction of the Chief Executive Officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Issue of Improvement and Prohibition Notices 25. In addition to any action taken with respect to the detention of ships under these Regulations a surveyor or inspector appointed under section 419 of the Merchant Shipping Law (2011 Revision) may issue an Improvement or a Prohibition Notice in accordance with the provisions of sections 424 to 429. 26. Investigation of alleged breaches by a Cayman Islands ship reported by another Convention country 26. (1) Where, in accordance with regulation 11.4 and 11.5 of Annex VI, any Convention country furnishes to the Cayman Islands evidence that a Cayman Islands ship has emitted any substances in violation of Annex VI, the Chief Executive Officer shall cause the matter to be investigated and may request the Convention country furnishing the information to provide additional or better evidence of the allegation. (2) If the Chief Executive Officer is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation then such proceedings shall be brought as soon as possible. (3) The Chief Executive Officer shall inform the Convention country that has reported the alleged violation, as well as IMO, of the action taken as soon as possible. Regulation 27 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Investigation of alleged breaches following request by another Convention country 27. (1) Where, in accordance with regulation 11.6 of Annex VI \u2014 (a) any Convention country, other than the Cayman Islands, requests the Cayman Islands to investigate an allegation that any ship entering Cayman waters has emitted any substance in violation of the Annex; and (b) sufficient evidence is provided to the satisfaction of the Chief Executive Office that there is sufficient evidence in support of the allegation, the Chief Executive Officer shall cause such an investigation on the ship to be carried out. (2) Where an investigation is carried out under paragraph (1) a report on the investigation shall be forwarded to the Convention country requesting the investigation and to the Convention country whose flag the vessel is entitled to fly if this is different to the Convention country making the request. 28. Right of appeal and compensation for unjustified detention or serving of Improvement or Prohibition Notice 28. (1) Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations, 2003, as may be amended from time to time, shall have effect in relation to a detention notice served under these Regulations subject to the reference in the Port State Control Regulations to inspector being taken to include a reference to a surveyor. (2) Sections 427 and 428 of the Merchant Shipping Law (2011 Revision) shall have effect in relation to any Improvement or Prohibition Notice issued under these Regulations. PART IV - CONTROL OF EMISSIONS FROM SHIPS - DIVISION 1 \u2013 OZONE DEPLETING SUBSTANCES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Permanently sealed equipment 29. This division does not apply to permanently sealed equipment where there are no refrigerant charging connections or potentially removable components containing ozone-depleting substances.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Deliberate emissions of ozone depleting substances prohibited 30. (1) The deliberate emission of an ozone-depleting substance from a ship is prohibited. (2) For the purposes of this regulation \u201cdeliberate emission\u201d includes an emission occurring in the course of maintaining, servicing, repairing or disposing of Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 31 SL 11 of 2013 systems or equipment, but does not include minimal releases associated with the recapture or recycling of an ozone-depleting substance or emissions referred to in regulations 3(2) (b) and (c).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Prohibition on installations with ozone depleting substances. 31. (1) Installations which contain ozone depleting substances, other than those referred to in paragraph (2) shall be prohibited \u2014 (a) on ships constructed on or after 19 May 2005; or (b) on ships constructed before 19 May 2005, which have a contractual delivery date of equipment to the ship on or after 19 May 2005 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship is on or after 19 May 2005. (2) Installations which contain hydrochlorofluorocarbons shall be prohibited \u2014 (a) on ships constructed on or after 01 January 2020; or (b) on ships constructed before 01 January 2020, which have a contractual delivery date of the equipment to the ship on or after 01 January 2020 or, in the absence of a contractual delivery date, the actual delivery of the equipment to the ship is on or after 01 January 2020. (3) Ozone-depleting substances and equipment containing such substances shall be delivered to appropriate reception facilities when removed from ships.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Records to be kept regarding ozone depleting substances and equipment. 32. Every ship to which regulation 3 applies and which is required to be issued with an IAPP Certificate \u2014 (a) shall maintain a list of equipment containing ozone depleting substances; (b) where the ship has rechargeable systems containing ozone-depleting substances then there shall be maintained on board an \u201cOzone Depleting Substances Record Book\u201d, which may form part of an existing log-book. 33. Entries in the Ozone- Depleting Substances Record Book. 33. Entries in the Ozone Depleting Substances Record Book shall be recorded in terms of mass (kg) of substance and shall be completed without delay on each occasion, in respect of the following \u2014 (a) recharge, full or partial, of equipment containing ozone depleting substances; (b) repair or maintenance of equipment containing ozone depleting substances; (c) discharge of ozone depleting substances to the atmosphere: \u2014 (i) deliberate; and Regulation 34 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (ii) non-deliberate; (d) discharge of ozone depleting substances to land-based reception facilities; and (e) supply of ozone depleting substances to the ship. DIVISION 2 \u2013 NITROGEN OXIDES (NOX)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Application to marine diesel engines 34. Subject to regulations 35 and 38, this Division applies to \u2014 (a) a marine diesel engine with a power output of more than 130 kW installed on a ship; and (b) each such engine which undergoes a major conversion on or after 01 January 2000 date except where it is demonstrated to the satisfaction of the Chief Executive Officer that such conversion is by way of an identical replacement to the engine that is replacing it and is part of the original installation under subparagraph (a).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Exceptions and exclusions 35. This Division does not apply to \u2014 (a) emergency marine diesel engines, engines installed in lifeboats and any device or equipment intended to be used solely in case of emergency; (b) a marine diesel engine installed on a ship operating solely in Cayman Island waters where such engine is subject to an alternative NOx control measure as prescribed by the Chief Executive Officer; or (c) a marine diesel engine installed on a ship operating solely in Cayman Island waters where \u2014 (i) the ship was constructed; or; (ii) the engine underwent a major conversion, prior to 19 May 2005.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Major conversion and application of standards thereto 36. (1) For the purposes of this Division, major conversion means a modification, on or after 01 January 2000, of a marine diesel engine that has not already been certified to the emission standards set out in regulation 37 and where \u2014 (a) the engine is replaced by a marine diesel engine or an additional marine diesel engine is installed; (b) any substantial modification, as defined in the revised NOx Technical Code, is made to the engine; or Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 37 SL 11 of 2013 (c) the maximum continuous rating of the engine is increased by more than 10% compared to the maximum continuous rating of the original certification of the engine. (2) Subject to paragraphs (3) and (4), for a major conversion involving \u2014 (a) the replacement of a marine diesel engine with a non-identical marine diesel engine; or (b) the installation of an additional marine diesel engine, the standards in this Division in force at the time of replacement or addition of the engine shall apply. (3) Subject to paragraph (4), with respect to replacement engines only, where, on or after 01 January 2016, it is not possible for such a replacement engine to meet the standards set out in regulation 37(2)(c) (Tier III), then such a replacement engine shall meet the standards set out in regulation 37(2)(b) (Tier II). (4) The inability, as referred to in paragraph (3), of a replacement engine to meet the Tier III standards shall be determined in accordance with any guidelines developed by the IMO which set forth the criteria as to when it is not possible for the replacement engine to meet those standards. (5) A marine diesel engine which undergoes substantial modification as defined in the NOx Technical Code or which has its maximum continuous rating increased by more than 10% compared to the rating of the original certification of the engine, shall \u2014 (a) when installed on a ship constructed prior to 01 January 2000 meet the Tier I standards set out in regulation 37; and (b) when installed on a ship constructed on or after 01 January 2000 meet the standards applicable under this Part which are in force at the time the ship was constructed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Emission standards applicable to marine diesel engines 37. (1) Subject to regulations 38 and 39, the operation of a marine diesel engine to which these Regulations apply and which is installed on a ship is prohibited except where the level of emission of nitrogen oxides, calculated as the total weighted emission of NO2 by such engine, is within the tiered limits set out in paragraph (2). (2) The tiered emission limits referred to in paragraph (1) are as follows, where n is the rated engine speed measured as crankshaft revolutions per minute \u2014 Tier I: (a) for a ship constructed on or after 01 January 2000 and prior to 01 January 2011 \u2014 Regulation 38 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (i) 17.0 g\/kWh when n is less than 130 rpm; (ii) g\/kWh when n is 130 or more but less than 2000 rpm; (iii) 9.8g\/kWh when n is 2000 rpm or more; Tier II: (b) for a ship constructed on or after 01 January 2011 \u2014 (i) 14.4 g\/kWh when n is less than 130 rpm; (ii) g\/kWh when n is 130 or more but less than 2000 rpm; (iii) 7.7g\/kWh when n is 2000 rpm or more; Tier III: (c) for a ship constructed on or after 01 January 2016 when operating in an emission control area \u2014 (i) 3.4 g\/kWh when n is less than 130 rpm; (ii) g\/kWh when n is 130 or more but less than 2000 rpm; (iii) 2.0g\/kWh when n is 2000 rpm or more, and when operating outside an emission control area, the emission limits shall be in accordance with Tier II as set out in subparagraph (b). (3) The emission limits set out in paragraph (2) are subject to any subsequent amendments to or replacements of Annex VI which may be implemented by the IMO and as may be in effect in respect of the Islands; (4) Notwithstanding the provisions of paragraphs (1) and (2), the operation of a marine diesel engine is permitted when either an exhaust gas cleaning system or any other equivalent method approved by the Chief Executive Officer in accordance with the NOx Technical Code, is applied to the engine to reduce onboard NOx emissions at least to the applicable limit specified in paragraph (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Non-application of Tier III standards to certain ships 38. Subject to any review undertaken by the IMO in accordance with regulation 13.10 of Annex VI, the Tier III emission standards set out in regulation 37(2)(c) shall not apply to a marine diesel engine installed on a ship \u2014 (a) of less than 24 metres in length (L) when it has been specifically designed for, and is used solely, for recreational purposes; or (b) with a combined nameplate propulsion power of less than 750 kW if it is demonstrated, to the satisfaction of the Chief Executive Officer, that the ship cannot comply with the Tier III emission standards because of design or construction limitations of the ship. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 39 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Engines installed on a ship prior to 01 January 2000 39. (1) A marine diesel engine with a power output of more than 5000 kW and a per cylinder displacement of 90 litres or more installed on a ship constructed on or after 01 January 1990 but prior to 01 January 2000 shall comply with the Tier I emission standards set out in regulation 37(2)(a), provided that \u2014 (a) an Approved Method for that engine has been certified to the satisfaction of the Chief Executive Officer and notification of such certification has been submitted to the IMO by the Chief Executive Officer; (b) compliance with this regulation shall be demonstrated by \u2014 (i) a survey, using the verification procedure specified in the Approved Method file, confirming the installation of the certified Approved Method, including an appropriate notation on the ship\u2019s IAPP Certificate regarding the presence of an Approved Method; or (ii) certification of the engine confirming that it operates within the limits of the Tier I, Tier II or Tier III emission standards as the case may be, together with an appropriate notation of the engine certification being inserted in the ship\u2019s IAPP Certificate. (2) Paragraph (1) shall apply \u2014 (a) no later than the first IAPP Certificate renewal survey that occurs 12 months or more after the deposit of the notification to IMO required under paragraph (1)(a); or (b) where it is demonstrated by the owner of the ship, to the satisfaction of the Chief Executive Officer, that the Approved Method was not commercially available then no later than the next IAPP Certificate annual survey of the ship that falls due after the Approved Method becomes commercially available. (3) The IAPP Certificate issued to a ship referred to in paragraph (1) with respect to a marine diesel engine referred to in that paragraph shall, where this regulation applies to the engine, indicate that \u2014 (a) an Approved Method has been applied pursuant to paragraph (1)(a); (b) the engine has been certified pursuant to paragraph (1)(b)(ii); or (c) an Approved Method does not exist or is not yet commercially available.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Certification of an Approved Method 40. The procedures for the Certification of an Approved Method referred to in regulation 39 shall be in accordance with chapter 7 of the NOx Technical Code and shall include verification by the designer of the base marine diesel engine to which the Approved Method applies that \u2014 Regulation 41 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (a) the calculated effect of the Approved Method will not \u2014 (i) decrease the engine rating by more than 1.0%; (ii) increase fuel consumption by more than 2.0% as measured according to the appropriate test cycle set forth in the NOx Technical Code; or (iii) adversely affect engine durability or reliability; and (b) the cost of the Approved Method is not excessive, which shall be determined by a comparison of the amount of NOx reduced by the Approved Method to achieve the standard set forth in regulation 37(2)(a) (Tier I standards) and the cost of purchasing and installing such Approved Method.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"NOx Technical Code to apply for certification of an Approved Method 41. (1) The NOx Technical Code shall be applied in the certification, testing and measurement procedures for the standards applicable to a marine diesel engine as set forth in this Division. (2) The procedures for determining NOx emissions as set out in the NOx Technical Code shall be based on the normal operation of the marine diesel engine being tested.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Cost effectiveness of Approved Method 42. The cost of an Approved Method shall not exceed 375 Special Drawing Rights\/metric ton NOx calculated in accordance with the following Cost Effectiveness formula \u2014 Ce = (Cost of Approved Method 106) _____________________________________________________ P (KW) . 0.768 . 6000 (hours\/years) . 5 years . \u2206NQx(g\/KWh) where Ce = Cost Effectiveness and P = Power in kW; 43. Defeat devices and irrational emission control not permitted 43. Defeat devices and irrational emission control strategies are not permitted but this shall not prevent the use of auxiliary control devices that are used to protect the engine or its ancillary equipment against operating conditions that could result in damage or failure or that are used to facilitate the starting of the marine diesel engine. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 44 SL 11 of 2013 DIVISION 3 \u2013 SULPHUR OXIDES (SOX)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Sulphur content of fuel oil \u2013 general 44. Subject to regulation 45, the sulphur content of any fuel oil used on board ships shall not exceed the following limits: \u2014 (a) 4.50% m\/m prior to 1 January 2012; (b) 3.50% m\/m on and after 1 January 2012; and (c) 0.50% m\/m on and after 1 January 2020, or such other values as may be specified under such conditions as may be prescribed by any subsequent amendments to or replacements of Annex VI which may be implemented by the IMO and as may be in effect in respect of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Sulphur content of fuel oil in Emission Control Areas 45. The sulphur content of any fuel oil used on board a ship to which these Regulations apply while operating in an Emission Control Area shall not exceed the following limits within the time frames specified \u2014 (a) 1.50% m\/m prior to 1 July 2010; (b) 1.00% m\/m on and after 01 July 2010; and (c) 0.10% m\/m on and after 1 July 2015, or such other values as may be specified under such conditions as may be prescribed by any subsequent amendments to or replacements of Annex VI which may be implemented by the IMO and as may be in effect in respect of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Fuel oil documentation by supplier 46. The sulphur content of fuel oil referred to in regulations 44 and 45 shall be documented by its supplier as required by regulations 56(2) and 60(2). 47. Blending of fuel oils to achieve sulphur content limits for operating in an Emission Control Area 47. (1) Ships to which these Regulations apply using separate fuel oils to comply with regulation 45 and entering or leaving an Emission Control Area set forth in regulation 2 shall carry a written procedure showing how the fuel oil changeover is to be done, allowing sufficient time for the fuel oil service system to be fully flushed of all fuel oils exceeding the applicable sulphur content specified in regulation 45 prior to entry into an Emission Control Area. (2) The master of any ship using separate fuel oils to comply with regulation 45 must record \u2014 Regulation 48 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (a) the date, time and position of the ship when any fuel changeover operation is completed prior to entry into an Emission Control Area; (b) the date, time and position of the ship when any fuel changeover operation is commenced after exit from an Emission Control Area; and (c) the volume in each tank at the time of the completion or commencement of each of the changeovers specified in subparagraphs (a) and (b). 48. Application of sulphur limits for new or changed Emission Control Areas 48. Where an amendment in the designation of or an addition to an Emission Control Area enters into force then during the first twelve months immediately following, any ship to which these regulations apply operating in such an amended or additional Area shall be exempt from the requirements of regulations 45 and 47 and from the requirements of regulation 46 insofar as they relate to regulation 45. DIVISION 4 \u2013VAPOUR EMISSION CONTROL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Fitting of vapour emission control systems on board ship 49. (1) Any \u2014 (a) Cayman Islands ship; or (b) other ship registered or entitled to be registered in a Convention country, whilst in Cayman waters, which is subject to vapour emission control within a port or terminal notified to the IMO pursuant to regulation 15.2 of MARPOL Annex VI shall be provided with a vapour collection system approved by or on behalf of a Convention country taking into account any safety standards developed by the IMO. (2) With respect to a gas carrier, as defined in the IGC Code, this regulation shall apply only when the type of unloading and containment system on the tanker allows for the safe retention of non-methane volatile organic compounds on board or their safe return ashore. 50. Volatile Organic Compound Control Management Plan 50. (1) A Cayman Islands tanker carrying crude oil shall have on board and implement a Volatile Organic Compound (VOC) Control Management Plan approved by the Chief Executive Officer or a person so authorised by him for the purpose. (2) The VOC Management Plan referred to in paragraph (1) shall \u2014 (a) be prepared taking into account the guidelines developed by the IMO; (b) be ship specific; Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 51 SL 11 of 2013 (c) give consideration to the additional Volatile Organic Compounds- (VOCs) generated by Crude Oil Washing of the cargo tanks; (d) provide written procedures for minimising VOC emissions during the loading, sea passage and discharge of cargo; and (e) identify a person responsible for implementing the plan. (3) The Plan shall be written in English but where \u2014 (a) the ship is engaged on international voyages; and (b) English is not a language readily understood by personnel on board, the owner shall provide an accurate translation of the text of the Plan into a language understood by those serving on board. PART V\u2013 SHIPBOARD INCINERATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Shipboard incineration and installation and use of incinerators 51. (1) Subject to paragraph (7) shipboard incineration shall be allowed only in a shipboard incinerator approved for the purpose. (2) Subject to paragraph (6), each incinerator installed on board a Cayman Islands ship on or after 01 January 2000 shall meet the requirements set out in Schedule 1 and shall be approved by or on behalf of a Convention country, taking into account the standard specification for shipboard incinerators developed by the IMO. (3) Subject to regulation 55(b), the owner of a ship on which a shipboard incinerator was installed on or after 01 January 2000 shall, on demand, demonstrate to a surveyor that the incinerator has been approved in accordance with paragraph (1). (4) An incinerator installed in accordance with the requirements of this regulation shall be provided with a manufacturer\u2019s operating manual which is to be retained with the unit and which shall specify how to operate the incinerator within the limits specified in Schedule 1. (5) Personnel responsible for the operation of an incinerator installed under this Part shall be trained to implement the guidance provided in the manufacturer\u2019s operating manual required under paragraph (4). (6) An incinerator installed on a Cayman Islands ship prior to 19 May 2005 need not comply with the provisions of paragraph (2) where the ship is operating solely in Cayman Island waters. (7) Shipboard incineration of sewage sludge and sludge oil generated during the normal operation of the ship may also take place in the main or auxiliary Regulation 52 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 power plant or the boilers of the ship, but in such cases such incineration shall not take place inside ports and harbours and estuaries.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Prohibition on the incineration of certain substances 52. (1) Shipboard incineration of the following substances is prohibited \u2014 (a) residues of cargoes subject to Annex I, II or III of MARPOL, or any related contaminated packing material; (b) polychlorinated biphenyls (PCBs); (c) garbage, as defined by Annex V of MARPOL, which contains more than traces of heavy metals; (d) refined petroleum products containing halogen compounds; (e) sewage sludge and sludge oil either of which is not generated on board the ship; and (f) exhaust gas cleaning system residues. (2) The shipboard incineration of polyvinyl chlorides (PVCs) is prohibited except in a shipboard incinerator for which in IMO type approval certificate has been issued in accordance with IMO Resolution MEPC.59(33) or MEPC.76 (40), as may be amended or replaced from time to time and with Schedule 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Prohibition on the use of shipboard incinerators whilst in Cayman ports or harbours etc. 53. (1) Subject to paragraph (2), shipboard incineration is prohibited on any ship whilst in any port, harbour, bay or anchorage around the coasts of the Cayman Islands. (2) Should a ship be delayed due to unforeseen circumstances beyond the control of the master for an extended period in any port, harbour, bay or anchorage around the coasts of the Cayman Islands such that the amount of accumulated ship generated garbage on board presents a potential health hazard, the master of the ship may make application in writing to the Port Authority for authorisation to use the shipboard incinerator to the extent necessary and the Port Authority may issue, on whatever terms and conditions it sees fit, such an authorisation. (3) Where the use of any shipboard incinerator is authorised under this regulation then such use shall be in strict compliance with the terms and conditions contained in the authorisation. (4) Any breach of this regulation or of the terms of any authorisation issued hereunder shall constitute an offence by the master. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 54 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Combustion chamber temperatures 54. (1) For any incinerator installed in accordance with the requirements of this Part, the combustion chamber gas outlet temperature should be monitored at all times the unit is in operation. (2) Where the incinerator is of the continuous feeding type, wastes shall not be fed into the unit when the combustion chamber gas outlet temperature is below 850\u00b0C. (3) Where an incinerator referred to in paragraph (2) is of the batch-loaded type, the unit shall be designed so that the combustion chamber gas outlet temperature shall reach 600\u00b0C within 5 minutes after start-up and will thereafter stabilise at a temperature of not less than 850\u00b0C. 55. Preservation of the London Convention 55. Nothing in these Regulations shall \u2014 (a) affect the prohibition in, or other requirements of, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended, and the 1996 Protocol thereto; or (b) preclude the development, installation and operation of alternative design shipboard thermal waste treatment devices that meet or exceed the requirements for incinerators set out in this Part to the satisfaction of the Chief Executive Officer. PART VI\u2013 FUEL OIL AVAILABILITY AND QUALITY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Non-application to certain fuels 56. (1) Subject to paragraph (2), this Part does not apply to \u2014 (a) coal in its solid form; (b) nuclear fuels; or (c) gas fuels such as Liquefied Natural Gas, Compressed Natural Gas or Liquefied Petroleum Gas; (2) The sulphur content of gas fuels delivered to a ship to which these Regulations apply shall be documented by the supplier.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Fuel Oil Quality 57. (1) Subject to regulation 58, fuel oil for combustion purposes delivered to and used on board ships to which these regulations apply shall meet the requirements set out in paragraph (2). (2) The fuel oil shall \u2014 Regulation 58 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (a) be blends of hydrocarbons derived from petroleum refining but this shall not preclude the incorporation of small amounts of additives intended to improve some aspects of performance; (b) be free from inorganic acid; and (c) not include any added substance or chemical waste which \u2014 (i) jeopardizes the safety of ships or adversely affects the performance of the machinery; (ii) is harmful to personnel; or (iii) contributes overall to additional air pollution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Fuel oil derived by methods other than petroleum refining 58. Fuel oil for combustion purposes derived by methods other than petroleum refining shall not \u2014 (a) exceed the applicable sulphur content set forth in regulations 44 and 45; (b) cause an engine to exceed the applicable NOx emission limit set forth in regulation 37(2); (c) contain inorganic acid; (d) jeopardize the safety of ships or adversely affect the performance of the machinery; (e) be harmful to personnel; or (f) contribute overall to additional air pollution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Master to ensure compliant fuel is used on board ship. 59. Subject to regulation 60, the master of a ship to which these Regulations apply shall ensure that fuel oil on board used, or intended to be used, for combustion purposes meets the requirements of regulation 57 or 58 as appropriate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Action in the event of non-compliance regarding fuel oil 60. (1) This regulation applies to any Cayman Islands ship wherever it may be and any other ship in Cayman lslands waters, other than a platform in transit, to which these Regulations apply. (2) Where a ship is unable to purchase fuel which meets the relevant requirements of these Regulations, the master or owner shall notify the Chief Executive Officer as soon as possible and shall also notify the Port State authorities at the ship\u2019s port of destination. (3) Where it is established that a ship referred to in paragraph (1) is not in compliance with the fuel oil standards set out in these Regulations, the ship may be required to provide to the Chief Executive Officer or an officer referred to in regulation 21(1) \u2014 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 61 SL 11 of 2013 (a) a record of the actions taken by the ship in its efforts to achieve compliance; and (b) evidence that \u2014 (i) attempts were made to purchase compliant fuel oil for the ship in accordance with its voyage plan but such fuel was not available within the planned voyage; and (ii) where compliant fuel oil was not available within the ports or terminals covered in the voyage plan, best efforts were made to locate alternative sources of compliant fuel oil without success. (4) Where a ship provides the information set out in paragraph (3), the Chief Executive Officer shall take into account all relevant circumstances and the evidence provided in determining what action, if any, should be taken with respect to the ship. (5) The ship should not be required to deviate from its intended voyage or to delay unduly the voyage in order to achieve compliance with respect to fuel oil. (6) The Chief Executive Officer shall notify the IMO of each occasion when a ship to which this regulation applies has presented evidence of the nonavailability of compliant fuel oil.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Bunker Delivery Note and fuel oil sample 61. (1) This regulation applies in relation to \u2014 (a) any Cayman Islands ship, wherever it may be, which is required to hold an IAPP Certificate; (b) any other ship which is required to hold an IAPP certificate whilst it is in Cayman waters, other than a platform in transit; and (c) any supplier within the Cayman Islands of fuel oil to any ship to which this Part applies. (2) Where a supplier of fuel oil delivers fuel oil to which this Part applies for combustion purposes to any ship referred to in paragraph (1), that supplier shall \u2014 (a) provide the ship with a Bunker Delivery Note that is signed and certified by the fuel oil supplier in accordance with the provisions of Schedule 2; (b) retain a copy of the Bunker Delivery Note for a minimum period of three years from the date of delivery of the fuel oil and, where required in accordance with regulation 62, make this copy available for inspection by the Chief Executive Officer or a person authorised by him; and (c) provide a representative sample of the fuel oil delivered to the ship to accompany the bunker delivery note which shall \u2014 Regulation 62 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (i) be collected in accordance with any guidelines developed by the IMO; and (ii) on completion of the bunkering operation be sealed and signed by a fuel oil supplier representative and the master or officer in charge of the bunkering operation on board the ship. (3) The master of a ship which receives fuel oil to which these Regulations apply from a fuel oil supplier anywhere shall retain on board, for a period of at least three years and so as to be readily available for inspection at all reasonable times, the Bunker Delivery Note required by this regulation. (4) The master of a ship which receives fuel oil to which these Regulations apply from a fuel oil supplier anywhere shall retain on board under the control of the ship the sample of fuel oil referred to in paragraph (2)(c) until the fuel oil to which it pertains has been substantially consumed or for a period of twelve months, whichever first occurs. (5) The sample of fuel oil referred to in paragraph (4) shall be produced on demand, at all reasonable times, during the period in which it has to be retained, to a surveyor or officer authorised under regulation 21 (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Registration of fuel oil suppliers in the Cayman Islands 62. (1) In addition to meeting the requirements of regulation 61(2), a supplier of fuel oil within the Cayman Islands who delivers fuel oil to which these Regulations apply for combustion purposes to any ship referred to in regulation 61(1) shall register with the Maritime Authority or any other such Cayman Islands Government Department as may be agreed between the Chief Executive Officer and that other Department, by submitting annually an annual declaration in a form specified by the Chief Executive Officer. (2) The initial declaration referred to in paragraph (1) shall be made within three months of the date upon which these Regulations enter into force and thereafter annually within three months of the date of submission of the initial declaration and any Cayman Islands supplier who fails to submit such declaration within the timeframe required will be deemed to be no longer delivering fuel oil to ships to which these Regulations apply and will be removed from the register and shall not engage in the delivery of fuel oil to ships. (3) No person shall supply a ship to which these Regulations apply with fuel oil from within the Cayman Islands that does not comply with the applicable requirements of these Regulations. (4) The Chief Executive Officer shall inform the IMO of all cases where the fuel oil suppliers have failed to meet the requirements with respect to fuel oil set out in these Regulations. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 63 SL 11 of 2013\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Inspection of Bunker Delivery Note and analysis of fuel sample. 63. (1) A Bunker Delivery Note \u2014 (a) required under regulation 61(2)(a); or (b) issued by a fuel oil supplier outside the Islands to \u2014 (i) a Cayman Islands ship; or (ii) any other ship while it is in Cayman waters, shall be produced for inspection at all reasonable times when so required by a surveyor or other person appointed to undertake inspections in accordance with regulation 21(1), and a copy thereof may be required. (2) The Chief Executive Officer may require a sample of fuel oil required retained under regulation 61(2)(c) to be analysed in accordance with the procedures set out in Appendix VI to Annex VI. (3) The inspection of Bunker Delivery Notes or the taking of copies thereof and the analysis of fuel oil samples shall be performed as expeditiously as possible without causing undue delay to the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Action where non-compliant fuel is found on board ship 64. With respect to Port State Control inspections within Cayman Islands waters of ships to which these Regulations apply, where it is discovered that a ship has on board non-compliant fuel oil, the Chief Executive Officer shall \u2014 (a) inform the State under whose jurisdiction the relevant Bunker Delivery Note was issued, giving all relevant information; and (b) ensure that appropriate remedial action is taken to bring the noncompliant fuel oil into compliance.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Arrangements for ships on scheduled services 65. Where a Cayman Islands ship, other than a platform, of 400 gross tonnage or more is on a scheduled service or services with frequent and regular port calls, the Chief Executive Officer may, in consultation with the relevant Port States, permit an alternative arrangement with respect to the retention on board of the Bunker Delivery Note provided that such arrangement gives a similar certainty of compliance with regulations 44 and 45 and with regulations 57, 58 and 61. 66. Promotion of the availability of compliant fuel oil 66. The Chief Executive Officer, or a person authorised by him, shall \u2014 (a) take all reasonable steps, including liaison as appropriate with other relevant Government departments and fuel oil suppliers, to promote the availability in the Cayman Islands of fuel oils which comply with these regulations; and Regulation 67 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (b) inform the IMO of the availability of compliant fuel oils in Cayman Islands ports and terminals. PART VII \u2013 OFFENCES AND ENFORCEMENT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Offences-general 67. Subject to the provisions of this Part, any contraventions of the provisions of the Regulations contained in the first column of the Table shall constitute an offence by the person indicated in the second column for which that person shall be liable to the fine indicated in the third column of the Table \u2014 REGULATION OFFENCE BY LIABLE TO FINE OF ($) 5(1). Owner and master. 50,000. 6(1). Owner and master. 50,000. 7(1). Owner and master. 35,000. 8(1). Owner and master. 40,000. 9(1). Owner and master. 50,000. 9(2). Owner and master. 35,000. 9(3) and (4). Owner and master. 35,000. 10(2). Owner and master. 50,000. 16(3). Owner and master. 50,000. 17(5). Owner. 40,000. 19(2). Owner and master. 25,000. 19(3). Person committing the offence. 35.000. 19(4). Owner and master. 20,000. 20(1). Owner and master. 50,000. 20(2). Owner and master. 50,000. 30(1) Master. 50,000. 31(1). Owner and master. 40,000. 31(2). Owner and master. 40,000. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 67 SL 11 of 2013 REGULATION OFFENCE BY LIABLE TO FINE OF ($) 32. Owner and master. 20.000. 33. Owner and master. 20,000. 37(1). Owner and master. 50,000. 44. Master. 30,000. 45. Master. 40,000. 47(1). Owner and master. 35,000. 47(2). Owner and master. 40,000. 49(1). Owner and master. 40,000. 50(1). Owner and master. 30,000. 50(3). Owner and master. 30,000. 51(1). Owner and master. 50,000. 51(3). Owner. 50,000. 51(4). Master. 25,000 51(5). Master. 35,000. 51(7). Master. 40,000. 52(1). Master. 40,000. 52(2). Master. 40,000. 53(1) Master 30,000 53(3) Master 30,000 54(1). Master. 25,000. 54(2). Master. 25,000. 54(3). Master. 25,000. 59. Master. 50,000. 60(2). Owner and master. 30,000. 60(3). Owner and master. 30,000. 61(2). Fuel oil supplier. 40,000. Regulation 68 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 REGULATION OFFENCE BY LIABLE TO FINE OF ($) 61(3). Master. 40,000. 61(4). Master. 40,000. 61(5). Master. 40,000. 62(1). Fuel oil supplier. 40,000. 62(2). Fuel oil supplier. 25,000. 62(3). Fuel oil supplier. 50,000. 63(1). Master and fuel oil supplier. 35,000.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"False declaration on Bunker Delivery Note 68. If a fuel oil supplier or his representative makes a false declaration in the Bunker Delivery Note he commits an offence punishable on summary conviction by a fine of fifty thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Other persons party to the commission of an offence 69. Notwithstanding the provisions of regulation 67, where it is proven that any other person is knowingly party to the commission of an offence then that person also commits the offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Act or default of other persons 70. Where an offence under these Regulations is committed, or would have been committed save for the operation of regulation 71, by any person due to the act or default of some other person, that other person has also committed the offence, and a person may be charged with and convicted of an offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Defence 71. It shall be a defence for a person charged under these Regulations to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 Regulation 72 SL 11 of 2013 72. Offences by officers of bodies corporate 72. (1) Where a body corporate is guilty of an offence under these Regulations that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate are guilty of an offence and liable to be proceeded against accordingly. (2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with its functions of management as if he were a director of the body corporate. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 1 SL 11 of 2013 SCHEDULE 1 TYPE APPROVAL AND OPERATING LIMITS FOR SHIPBOARD INCINERATORS (Part V) 1. Shipboard incinerators described in Part V shall possess an International Maritime Organization (IMO) type approval certificate for each incinerator. In order to obtain such certificate, the incinerator shall be designed and built to an approved standard as described in Part V. Each model shall be subject to a specified type approval test operation at the factory or an approved test facility acceptable to the Chief Executive Officer, using the following standard fuel\/waste specification for the type approval test for determining whether the incinerator operates within the limits specified in paragraph 2 \u2014 I. SLUDGE OIL CONSISTING OF \u2014 (a) 75% sludge oil from HFO; (b) 5% waste lubricating oil; and (c) 20% emulsified water II. SOLID WASTE CONSISTING OF \u2014 (a) 50% food waste; and (b) 50% rubbish containing \u2014 (i) Approx. 30% paper; (ii) Approx. 40% cardboard; (iii) Approx. 10% rags; (iv) Approx. 20% plastic, and (c) the mixture will have up to 50% moisture and 7% incombustible solids. 2. Shipboard incinerators installed on or after 1st January 2000 shall operate within the following limits- (a) O2 in combustion chamber: 6% - 12% (b) CO in flue gas maximum average: 200 mg\/MJ (c) Soot number maximum average: Bacharach 3 or Ringelman 1 (20% opacity) (A higher soot number is acceptable only during very short periods such as starting up) SCHEDULE 1 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 (d) Unburned components in ash residues: maximum 10% by weight. (e) Combustion chamber flue gas outlet temperature range: 850\u00b0-1200\u00b0 centigrade Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 2 SL 11 of 2013 SCHEDULE 2 INFORMATION TO BE INCLUDED IN A BUNKER DELIVERY NOTE (Regulation 61) 1. Name and IMO number of receiving ship. 2. Port. 3. Date of commencement of delivery. 4. Name, address and telephone number of fuel oil supplier. 5. Product name. 6. Quantity in metric tons. 7. Density at 15\u00b0 (kg\/m3) where the fuel has been tested in accordance with ISO 3675:19981 or ISO 12185:1996. 8. Sulphur content (%m\/m) where the fuel has been tested in accordance with ISO 8754:20032. 9. A declaration signed and certified by the fuel oil supplier that the fuel oil is in compliance with the applicable paragraph of regulation 14.1 or 14.4 and regulation 18 of Annex VI. 1 ISO Standard \u2013 Crude Petroleum and Liquid Petroleum Products \u2013 Laboratory Determination of Density \u2013 Hydrometer Method: ISO Publication: ISBN 0-580-38570-1. 2 ISO Standard \u2013 Petroleum Products \u2013 Determination of Sulphur Content \u2013 Energy Dispersive X-Ray Fluorescence Spectrometry: ISO Publication: ISBN 0-580-42400-6. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 SCHEDULE 3 EMISSION CONTROL AREAS (Regulation 2) 1. The emission control area for the Baltic Sea and North Sea comprises \u2014 (a) the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at latitude 57\u00b0 44.8\u00b4 N; (b) the North Sea being all sea areas within the following boundaries including the North Sea proper and the English Channel and its approaches \u2014 (i) the North Sea southwards of latitude 62\u00b0N and eastwards of longitude 4\u00b0W; (ii) the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57\u00b0 44.8\u00b4N; and (iii) the English Channel and its approaches eastwards of longitude 5\u00b0W and northwards of latitude 48\u00b030\u00b4N. 2. The emission control area for North America comprises \u2014 (a) the sea area located off the Pacific coasts of the United States and Canada, enclosed by geodesic lines connecting the following coordinates- Point Latitude Longitude 32\u00ba 32. 10. N. 117\u00ba 06. 11. W. 32\u00ba 32. 04. N. 117\u00ba 07. 29. W. 32\u00ba 31. 39. N. 117\u00ba 14. 20. W. 32\u00ba 33. 13. N. 117\u00ba 15. 50. W. 32\u00ba 34. 21. N. 117\u00ba 22. 01. W. 32\u00ba 35. 23. N. 117\u00ba 27. 53. W. 32\u00ba 37. 38. N. 117\u00ba 49. 34. W. 31\u00ba 07. 59. N. 118\u00ba 36. 21. W. 30\u00ba 33. 25. N. 121\u00ba 47. 29. W. 31\u00ba 46. 11. N. 123\u00ba 17. 22. W. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 3 SL 11 of 2013 Point Latitude Longitude 32\u00ba 21. 58. N. 123\u00ba 50. 44. W. 32\u00ba 56. 39. N. 124\u00ba 11. 47. W. 33\u00ba 40. 12. N. 124\u00ba 27. 15. W. 34\u00ba 31. 28. N. 125\u00ba 16. 52. W. 35\u00ba 14. 38. N. 125\u00ba 43. 23. W. 35\u00ba 43. 60. N. 126\u00ba 18. 53. W. 36\u00ba 16. 25. N. 126\u00ba 45. 30. W. 37\u00ba 01. 35. N. 127\u00ba 07. 18. W. 37\u00ba 45. 39. N. 127\u00ba 38. 02. W. 38\u00ba 25. 08. N. 127\u00ba 52. 60. W. 39\u00ba 25. 05. N. 128\u00ba 31. 23. W. 40\u00ba 18. 47. N. 128\u00ba 45. 46. W. 41\u00ba 13. 39. N. 128\u00ba 40. 22. W. 42\u00ba 12. 49. N. 129\u00ba 00. 38. W. 42\u00ba 47. 34. N. 129\u00ba 05. 42. W. 43\u00ba 26. 22. N. 129\u00ba 01. 26. W. 44\u00ba 24. 43. N. 128\u00ba 41. 23. W. 45\u00ba 30. 43. N. 128\u00ba 40. 02. W. 46\u00ba 11. 01. N. 128\u00ba 49. 01. W. 46\u00ba 33. 55. N. 129\u00ba 04. 29. W. 47\u00ba 39. 55. N. 131\u00ba 15. 41. W. 48\u00ba 32. 32. N. 132\u00ba 41. 00. W. 48\u00ba 57. 47. N. 133\u00ba 14. 47. W. 49\u00ba 22. 39. N. 134\u00ba 15. 51. W. 50\u00ba 01. 52. N. 135\u00ba 19. 01. W. 51\u00ba 03. 18. N. 136\u00ba 45. 45. W. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 Point Latitude Longitude 51\u00ba 54. 04. N. 137\u00ba 41. 54. W. 52\u00ba 45. 12. N. 138\u00ba 20. 14. W. 53\u00ba 29. 20. N. 138\u00ba 40. 36. W. 53\u00ba 40. 39. N. 138\u00ba 48. 53. W. 54\u00ba 13. 45. N. 139\u00ba 32. 38. W. 54\u00ba 39. 25. N. 139\u00ba 56. 19. W. 55\u00ba 20. 18. N. 140\u00ba 55. 45. W. 56\u00ba 07. 12. N. 141\u00ba 36. 18. W. 56\u00ba 28. 32. N. 142\u00ba 17. 19. W. 56\u00ba 37. 19. N. 142\u00ba 48. 57. W. 58\u00ba 51. 04. N. 153\u00ba 15. 03. W. (b) the sea areas located off the Atlantic coasts of the United States, Canada, and France (Saint-Pierre-et-Miquelon) and the Gulf of Mexico coast of the United States enclosed by geodesic lines connecting the following coordinates \u2014 Point Latitude Longitude 60\u00ba 00. 00. N. 64\u00ba 09. 36. W. 60\u00ba 00. 00. N. 56\u00ba 43. 00. W. 58\u00ba 54. 01. N. 55\u00ba 38. 05. W. 57\u00ba 50. 52. N. 55\u00ba 03. 47. W. 57\u00ba 35. 13. N. 54\u00ba 00. 59. W. 57\u00ba 14. 20. N. 53\u00ba 07. 58. W. 56\u00ba 48. 09. N. 52\u00ba 23. 29. W. 56\u00ba 18. 13. N. 51\u00ba 49. 42. W. 54\u00ba 23. 21. N. 50\u00ba 17. 44. W. 53\u00ba 44. 54. N. 50\u00ba 07. 17. W. 53\u00ba 04. 59. N. 50\u00ba 10. 05. W. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 3 SL 11 of 2013 Point Latitude Longitude 52\u00ba 20. 06. N. 49\u00ba 57. 09. W. 51\u00ba 34. 20. N. 48\u00ba 52. 45. W. 50\u00ba 40. 15. N. 48\u00ba 16. 04. W. 50\u00ba 02. 28. N. 48\u00ba 07. 03. W. 49\u00ba 24. 03. N. 48\u00ba 09. 35. W. 48\u00ba 39. 22. N. 47\u00ba 55. 17. W. 47\u00ba 24. 25. N. 47\u00ba 46. 56. W. 46\u00ba 35. 12. N. 48\u00ba 00. 54. W. 45\u00ba 19. 45. N. 48\u00ba 43. 28. W. 44\u00ba 43. 38. N. 49\u00ba 16. 50. W. 44\u00ba 16. 38. N. 49\u00ba 51. 23. W. 43\u00ba 53. 15. N. 50\u00ba 34. 01. W. 43\u00ba 36. 06. N. 51\u00ba 20. 41. W. 43\u00ba 23. 59. N. 52\u00ba 17. 22. W. 43\u00ba 19. 50. N. 53\u00ba 20. 13. W. 43\u00ba 21. 14. N. 54\u00ba 09. 20. W. 43\u00ba 29. 41. N. 55\u00ba 07. 41. W. 42\u00ba 40. 12. N. 55\u00ba 31. 44. W. 41\u00ba 58. 19. N. 56\u00ba 09. 34. W. 41\u00ba 20. 21. N. 57\u00ba 05. 13. W. 40\u00ba 55. 34. N. 58\u00ba 02. 55. W. 40\u00ba 41. 38. N. 59\u00ba 05. 18. W. 40\u00ba 38. 33. N. 60\u00ba 12. 20. W. 40\u00ba 45. 46. N. 61\u00ba 14. 03. W. 41\u00ba 04. 52. N. 62\u00ba 17. 49. W. 40\u00ba 36. 55. N. 63\u00ba 10. 49. W. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 Point Latitude Longitude 40\u00ba 17. 32. N. 64\u00ba 08. 37. W. 40\u00ba 07. 46. N. 64\u00ba 59. 31. W. 40\u00ba 05. 44. N. 65\u00ba 53. 07. W. 39\u00ba 58. 05. N. 65\u00ba 59. 51. W. 39\u00ba 28. 24. N. 66\u00ba 21. 14. W. 39\u00ba 01. 54. N. 66\u00ba 48. 33. W. 38\u00ba 39. 16. N. 67\u00ba 20. 59. W. 38\u00ba 19. 20. N. 68\u00ba 02. 01. W. 38\u00ba 05. 29. N. 68\u00ba 46. 55. W. 37\u00ba 58. 14. N. 69\u00ba 34. 07. W. 37\u00ba 57. 47. N. 70\u00ba 24. 09. W. 37\u00ba 52. 46. N. 70\u00ba 37. 50. W. 37\u00ba 18. 37. N. 71\u00ba 08. 33. W. 36\u00ba 32. 25. N. 71\u00ba 33. 59. W. 35\u00ba 34. 58. N. 71\u00ba 26. 02. W. 34\u00ba 33. 10. N. 71\u00ba 37. 04. W. 33\u00ba 54. 49. N. 71\u00ba 52. 35. W. 33\u00ba 19. 23. N. 72\u00ba 17. 12. W. 32\u00ba 45. 31. N. 72\u00ba 54. 05. W. 31\u00ba 55. 13. N. 74\u00ba 12. 02. W. 31\u00ba 27. 14. N. 75\u00ba 15. 20. W. 31\u00ba 03. 16. N. 75\u00ba 51. 18. W. 30\u00ba 45. 42. N. 76\u00ba 31. 38. W. 30\u00ba 12. 48. N. 77\u00ba 18. 29. W. 29\u00ba 25. 17. N. 76\u00ba 56. 42. W. 28\u00ba 36. 59. N. 76\u00ba 47. 60. W. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 3 SL 11 of 2013 Point Latitude Longitude 28\u00ba 17. 13. N. 76\u00ba 40. 10. W. 28\u00ba 17. 12. N. 79\u00ba 11. 23. W. 27\u00ba 52. 56. N. 79\u00ba 28. 35. W. 27\u00ba 26. 01. N. 79\u00ba 31. 38. W. 27\u00ba 16. 13. N. 79\u00ba 34. 18. W. 27\u00ba 11. 54. N. 79\u00ba 34. 56. W. 27\u00ba 05. 59. N. 79\u00ba 35. 19. W. 27\u00ba 00. 28. N. 79\u00ba 35. 17. W. 26\u00ba 55. 16. N. 79\u00ba 34. 39. W. 26\u00ba 53. 58. N. 79\u00ba 34. 27. W. 26\u00ba 45. 46. N. 79\u00ba 32. 41. W. 26\u00ba 44. 30. N. 79\u00ba 32. 23. W. 26\u00ba 43. 40. N. 79\u00ba 32. 20. W. 26\u00ba 41. 12. N. 79\u00ba 32. 01. W. 26\u00ba 38. 13. N. 79\u00ba 31. 32. W. 26\u00ba 36. 30. N. 79\u00ba 31. 06. W. 26\u00ba 35. 21. N. 79\u00ba 30. 50. W. 26\u00ba 34. 51. N. 79\u00ba 30. 46. W. 26\u00ba 34. 11. N. 79\u00ba 30. 38. W. 26\u00ba 31. 12. N. 79\u00ba 30. 15. W. 26\u00ba 29. 05. N. 79\u00ba 29. 53. W. 26\u00ba 25. 31. N. 79\u00ba 29. 58. W. 26\u00ba 23. 29. N. 79\u00ba 29. 55. W. 26\u00ba 23. 21. N. 79\u00ba 29. 54. W. 26\u00ba 18. 57. N. 79\u00ba 31. 55. W. 26\u00ba 15. 26. N. 79\u00ba 33. 17. W. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 Point Latitude Longitude 26\u00ba 15. 13. N. 79\u00ba 33. 23. W. 26\u00ba 08. 09. N. 79\u00ba 35. 53. W. 26\u00ba 07. 47. N. 79\u00ba 36. 09. W. 26\u00ba 06. 59. N. 79\u00ba 36. 35. W. 26\u00ba 02. 52. N. 79\u00ba 38. 22. W. 25\u00ba 59. 30. N. 79\u00ba 40. 03. W. 25\u00ba 59. 16. N. 79\u00ba 40. 08. W. 25\u00ba 57. 48. N. 79\u00ba 40. 38. W. 25\u00ba 56. 18. N. 79\u00ba 41. 06. W. 25\u00ba 54. 04. N. 79\u00ba 41. 38. W. 25\u00ba 53. 24. N. 79\u00ba 41. 46. W. 25\u00ba 51. 54. N. 79\u00ba 41. 59. W. 25\u00ba 49. 33. N. 79\u00ba 42. 16. W. 25\u00ba 48. 24. N. 79\u00ba 42. 23. W. 25\u00ba 48. 20. N. 79\u00ba 42. 24. W. 25\u00ba 46. 26. N. 79\u00ba 42. 44. W. 25\u00ba 46. 16. N. 79\u00ba 42. 45. W. 25\u00ba 43. 40. N. 79\u00ba 42. 59. W. 25\u00ba 42. 31. N. 79\u00ba 42. 48. W. 25\u00ba 40. 37. N. 79\u00ba 42. 27. W. 25\u00ba 37. 24. N. 79\u00ba 42. 27. W. 25\u00ba 37. 08. N. 79\u00ba 42. 27. W. 25\u00ba 31. 03. N. 79\u00ba 42. 12. W. 25\u00ba 27. 59. N. 79\u00ba 42. 11. W. 25\u00ba 24. 04. N. 79\u00ba 42. 12. W. 25\u00ba 22. 21. N. 79\u00ba 42. 20. W. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 3 SL 11 of 2013 Point Latitude Longitude 25\u00ba 21. 29. N. 79\u00ba 42. 08. W. 25\u00ba 16. 52. N. 79\u00ba 41. 24. W. 25\u00ba 15. 57. N. 79\u00ba 41. 31. W. 25\u00ba 10. 39. N. 79\u00ba 41. 31. W. 25\u00ba 09. 51. N. 79\u00ba 41. 36. W. 25\u00ba 09. 03. N. 79\u00ba 41. 45. W. 25\u00ba 03. 55. N. 79\u00ba 42. 29. W. 25\u00ba 02. 60. N. 79\u00ba 42. 56. W. 25\u00ba 00. 30. N. 79\u00ba 44. 05. W. 24\u00ba 59. 03. N. 79\u00ba 44. 48. W. 24\u00ba 55. 28. N. 79\u00ba 45. 57. W. 24\u00ba 44. 18. N. 79\u00ba 49. 24. W. 24\u00ba 43. 04. N. 79\u00ba 49. 38. W. 24\u00ba 42. 36. N. 79\u00ba 50. 50. W. 24\u00ba 41. 47. N. 79\u00ba 52. 57. W. 24\u00ba 38. 32. N. 79\u00ba 59. 58. W. 24\u00ba 36. 27. N. 80\u00ba 03. 51. W. 24\u00ba 33. 18. N. 80\u00ba 12. 43. W. 24\u00ba 33. 05. N. 80\u00ba 13. 21. W. 24\u00ba 32. 13. N. 80\u00ba 15. 16. W. 24\u00ba 31. 27. N. 80\u00ba 16. 55. W. 24\u00ba 30. 57. N. 80\u00ba 17. 47. W. 24\u00ba 30. 14. N. 80\u00ba 19. 21. W. 24\u00ba 30. 06. N. 80\u00ba 19. 44. W. 24\u00ba 29. 38. N. 80\u00ba 21. 05. W. 24\u00ba 28. 18. N. 80\u00ba 24. 35. W. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 Point Latitude Longitude 24\u00ba 28. 06. N. 80\u00ba 25. 10. W. 24\u00ba 27. 23. N. 80\u00ba 27. 20. W. 24\u00ba 26. 30. N. 80\u00ba 29. 30. W. 24\u00ba 25. 07. N. 80\u00ba 32. 22. W. 24\u00ba 23. 30. N. 80\u00ba 36. 09. W. 24\u00ba 22. 33. N. 80\u00ba 38. 56. W. 24\u00ba 22. 07. N. 80\u00ba 39. 51. W. 24\u00ba 19. 31. N. 80\u00ba 45. 21. W. 24\u00ba 19. 16. N. 80\u00ba 45. 47. W. 24\u00ba 18. 38. N. 80\u00ba 46. 49. W. 24\u00ba 18. 35. N. 80\u00ba 46. 54. W. 24\u00ba 09. 51. N. 80\u00ba 59. 47. W. 24\u00ba 09. 48. N. 80\u00ba 59. 51. W. 24\u00ba 08. 58. N. 81\u00ba 01. 07. W. 24\u00ba 08. 30. N. 81\u00ba 01. 51. W. 24\u00ba 08. 26. N. 81\u00ba 01. 57. W. 24\u00ba 07. 28. N. 81\u00ba 03. 06. W. 24\u00ba 02. 20. N. 81\u00ba 09. 05. W. 23\u00ba 59. 60. N. 81\u00ba 11. 16. W. 23\u00ba 55. 32. N. 81\u00ba 12. 55. W. 23\u00ba 53. 52. N. 81\u00ba 19. 43. W. 23\u00ba 50. 52. N. 81\u00ba 29. 59. W. 23\u00ba 50. 02. N. 81\u00ba 39. 59. W. 23\u00ba 49. 05. N. 81\u00ba 49. 59. W. 23\u00ba 49. 05. N. 82\u00ba 00. 11. W. 23\u00ba 49. 42. N. 82\u00ba 09. 59. W. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 3 SL 11 of 2013 Point Latitude Longitude 23\u00ba 51. 14. N. 82\u00ba 24. 59. W. 23\u00ba 51. 14. N. 82\u00ba 39. 59. W. 23\u00ba 49. 42. N. 82\u00ba 48. 53. W. 23\u00ba 49. 32. N. 82\u00ba 51. 11. W. 23\u00ba 49. 24. N. 82\u00ba 59. 59. W. 23\u00ba 49. 52. N. 83\u00ba 14. 59. W. 23\u00ba 51. 22. N. 83\u00ba 25. 49. W. 23\u00ba 52. 27. N. 83\u00ba 33. 01. W. 23\u00ba 54. 04. N. 83\u00ba 41. 35. W. 23\u00ba 55. 47. N. 83\u00ba 48. 11. W. 23\u00ba 58. 38. N. 83\u00ba 59. 59. W. 24\u00ba 09. 37. N. 84\u00ba 29. 27. W. 24\u00ba 13. 20. N. 84\u00ba 38. 39. W. 24\u00ba 16. 41. N. 84\u00ba 46. 07. W. 24\u00ba 23. 30. N. 84\u00ba 59. 59. W. 24\u00ba 26. 37. N. 85\u00ba 06. 19. W. 24\u00ba 38. 57. N. 85\u00ba 31. 54. W. 24\u00ba 44. 17. N. 85\u00ba 43. 11. W. 24\u00ba 53. 57. N. 85\u00ba 59. 59. W. 25\u00ba 10. 44. N. 86\u00ba 30. 07. W. 25\u00ba 43. 15. N. 86\u00ba 21. 14. W. 26\u00ba 13. 13. N. 86\u00ba 06. 45. W. 26\u00ba 27. 22. N. 86\u00ba 13. 15. W. 26\u00ba 33. 46. N. 86\u00ba 37. 07. W. 26\u00ba 01. 24. N. 87\u00ba 29. 35. W. 25\u00ba 42. 25. N. 88\u00ba 33. 00. W. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 Point Latitude Longitude 25\u00ba 46. 54. N. 90\u00ba 29. 41. W. 25\u00ba 44. 39. N. 90\u00ba 47. 05. W. 25\u00ba 51. 43. N. 91\u00ba 52. 50. W. 26\u00ba 17. 44. N. 93\u00ba 03. 59. W. 25\u00ba 59. 55. N. 93\u00ba 33. 52. W. 26\u00ba 00. 32. N. 95\u00ba 39. 27. W. 26\u00ba 00. 33. N. 96\u00ba 48. 30. W. 25\u00ba 58. 32. N. 96\u00ba 55. 28. W. 25\u00ba 58. 15. N. 96\u00ba 58. 41. W. 25\u00ba 57. 58. N. 97\u00ba 01. 54. W. 25\u00ba 57. 41. N. 97\u00ba 05. 08. W. 25\u00ba 57. 24. N. 97\u00ba 08. 21. W. 25\u00ba 57. 24. N. 97\u00ba 08. 47. W. (c) the sea area located off the coasts of the Hawaiian Islands of Hawai.i, Maui, Oahu, Moloka.i, Ni.ihau, Kaua.i, L.na.i, and Kaho.olawe, enclosed by geodesic lines connecting the following coordinates \u2014 Point Latitude Longitude 22\u00ba 32. 54. N. 153\u00ba 00. 33. W. 23\u00ba 06. 05. N. 153\u00ba 28. 36. W. 23\u00ba 32. 11. N. 154\u00ba 02. 12. W. 23\u00ba 51. 47. N. 154\u00ba 36. 48. W. 24\u00ba 21. 49. N. 155\u00ba 51. 13. W. 24\u00ba 41. 47. N. 156\u00ba 27. 27. W. 24\u00ba 57. 33. N. 157\u00ba 22. 17. W. 25\u00ba 13. 41. N. 157\u00ba 54. 13. W. 25\u00ba 25. 31. N. 158\u00ba 30. 36. W. Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SCHEDULE 3 SL 11 of 2013 Point Latitude Longitude 25\u00ba 31. 19. N. 159\u00ba 09. 47. W. 25\u00ba 30. 31. N. 159\u00ba 54. 21. W. 25\u00ba 21. 53. N. 160\u00ba 39. 53. W. 25\u00ba 00. 06. N. 161\u00ba 38. 33. W. 24\u00ba 40. 49. N. 162\u00ba 13. 13. W. 24\u00ba 15. 53. N. 162\u00ba 43. 08. W. 23\u00ba 40. 50. N. 163\u00ba 13. 00. W. 23\u00ba 03. 20. N. 163\u00ba 32. 58. W. 22\u00ba 20. 09. N. 163\u00ba 44. 41. W. 21\u00ba 36. 45. N. 163\u00ba 46. 03. W. 20\u00ba 55. 26. N. 163\u00ba 37. 44. W. 20\u00ba 13. 34. N. 163\u00ba 19. 13. W. 19\u00ba 39. 03. N. 162\u00ba 53. 48. W. 19\u00ba 09. 43. N. 162\u00ba 20. 35. W. 18\u00ba 39. 16. N. 161\u00ba 19. 14. W. 18\u00ba 30. 31. N. 160\u00ba 38. 30. W. 18\u00ba 29. 31. N. 159\u00ba 56. 17. W. 18\u00ba 10. 41. N. 159\u00ba 14. 08. W. 17\u00ba 31. 17. N. 158\u00ba 56. 55. W. 16\u00ba 54. 06. N. 158\u00ba 30. 29. W. 16\u00ba 25. 49. N. 157\u00ba 59. 25. W. 15\u00ba 59. 57. N. 157\u00ba 17. 35. W. 15\u00ba 40. 37. N. 156\u00ba 21. 06. W. 15\u00ba 37. 36. N. 155\u00ba 22. 16. W. 15\u00ba 43. 46. N. 154\u00ba 46. 37. W. 15\u00ba 55. 32. N. 154\u00ba 13. 05. W. SCHEDULE 3 Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations, 2012 SL 11 of 2013 Point Latitude Longitude 16\u00ba 46. 27. N. 152\u00ba 49. 11. W. 17\u00ba 33. 42. N. 152\u00ba 00. 32. W. 18\u00ba 30. 16. N. 151\u00ba 30. 24. W. 19\u00ba 02. 47. N. 151\u00ba 22. 17. W. 19\u00ba 34. 46. N. 151\u00ba 19. 47. W. 20\u00ba 07. 42. N. 151\u00ba 22. 58. W. 20\u00ba 38. 43. N. 151\u00ba 31. 36. W. 21\u00ba 29. 09. N. 151\u00ba 59. 50. W. 22\u00ba 06. 58. N. 152\u00ba 31. 25. W. 22\u00ba 32. 54. N 153\u00ba 00. 33. W. Made in Cabinet the 29th day of January, 2013. Kim Bullings Clerk of the Cabinet.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2013_01_01\", \"date\": \"2013-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2013_01_01\", \"timeInterval\": 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\"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2013\/11\/eng@2013-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2013\/11\/eng@2013-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Merchant Shipping (Marine Pollution) (Prevention of Air Pollution from Ships) Regulations\", \"actNumber\": \"11 of 2013\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nMerchant Shipping (Marine Pollution) Law\nMERCHANT SHIPPING (MARINE\nPOLLUTION) (PREVENTION OF AIR\nPOLLUTION FROM SHIPS)\nREGULATIONS, 2012\n\n(SL 11 of 2013)\nSupplement No. 2 published with Gazette No. 4 dated 25th February, 2013.\n\nPage 2\nSL 11 of 2013\nc\n\nPUBLISHING DETAILS\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nArrangement of Regulations\n\nc\nSL 11 of 2013\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping (Marine Pollution) Law\nMERCHANT SHIPPING (MARINE POLLUTION)\n(PREVENTION OF AIR POLLUTION FROM\nSHIPS) REGULATIONS, 2012\n(SL 11 of 2013)\nArrangement of Regulations\nRegulation\nPage\nPART I - GENERAL\n1.\nCitation ......................................................................................................................................7\n2.\nInterpretation .............................................................................................................................7\n3.\nApplication ............................................................................................................................... 11\n4.\nEquivalents .............................................................................................................................. 12\nPART II - SURVEYS AND CERTIFICATES OF SHIPS\n5.\nRequirement for IAPP certificate: Initial Survey ........................................................................ 12\n6.\nRenewal of IAPP Certificate: Renewal Survey ......................................................................... 13\n7.\nAnnual Survey ......................................................................................................................... 13\n8.\nIntermediate Survey ................................................................................................................. 14\n9.\nResponsibilities of the owner and master of a ship ................................................................... 14\n10.\nAdditional Surveys ................................................................................................................... 15\n11.\nNominated Surveyors and Recognised Organisations ............................................................. 16\n12.\nIssue of IAPP Certificate .......................................................................................................... 16\n13.\nIssue or endorsement of IAPP Certificates at the request of another Convention country ........ 17\n14.\nIssue or endorsement of IAPP Certificates to Cayman Islands ship by another\nConvention country .................................................................................................................. 17\n15.\nDuration and validity of IAPP Certificate ................................................................................... 18\n16.\nExtension of validity of IAPP Certificate ................................................................................... 19\n\nArrangement of Regulations\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 4\nSL 11 of 2013\nc\n\n17.\nProcedure to be adopted when ship is deficient ....................................................................... 20\n18.\nArbitration with respect to refusal to issue IAPP Certificate ...................................................... 21\n19.\nMiscellaneous provisions relating to IAPP Certificates ............................................................. 21\n20.\nProhibition on non-Cayman Islands ships proceeding to sea without an IAPP Certificate\nor documentation ..................................................................................................................... 22\nPART III \u2013 CONTROL, INSPECTION AND DETENTION OF\nSHIPS\n21.\nInspections of ships to ensure compliance ............................................................................... 23\n22.\nPowers of surveyors and other officers .................................................................................... 24\n23.\nDetention of ships .................................................................................................................... 24\n24.\nProcedures with respect to detention of ships .......................................................................... 24\n25.\nIssue of Improvement and Prohibition Notices ......................................................................... 25\n26.\nInvestigation of alleged breaches by a Cayman Islands ship reported by another\nConvention country .................................................................................................................. 25\n27.\nInvestigation of alleged breaches following request by another Convention country................. 26\n28.\nRight of appeal and compensation for unjustified detention or serving of Improvement or\nProhibition Notice .................................................................................................................... 26\nPART IV - CONTROL OF EMISSIONS FROM SHIPS -\nDIVISION 1 \u2013 OZONE DEPLETING SUBSTANCES\n29.\nPermanently sealed equipment ................................................................................................ 26\n30.\nDeliberate emissions of ozone depleting substances prohibited ............................................... 26\n31.\nProhibition on installations with ozone depleting substances. .................................................. 27\n32.\nRecords to be kept regarding ozone depleting substances and equipment. ............................. 27\n33.\nEntries in the Ozone- Depleting Substances Record Book. ...................................................... 27\nDIVISION 2 \u2013 NITROGEN OXIDES (NOX)\n28\n34.\nApplication to marine diesel engines ........................................................................................ 28\n35.\nExceptions and exclusions ....................................................................................................... 28\n36.\nMajor conversion and application of standards thereto ............................................................ 28\n37.\nEmission standards applicable to marine diesel engines.......................................................... 29\n38.\nNon-application of Tier III standards to certain ships ................................................................ 30\n39.\nEngines installed on a ship prior to 01 January 2000 ............................................................... 31\n40.\nCertification of an Approved Method ........................................................................................ 31\n41.\nNOx Technical Code to apply for certification of an Approved Method ..................................... 32\n42.\nCost effectiveness of Approved Method ................................................................................... 32\n43.\nDefeat devices and irrational emission control not permitted .................................................... 32\nDIVISION 3 \u2013 SULPHUR OXIDES (SOX)\n33\n44.\nSulphur content of fuel oil \u2013 general ......................................................................................... 33\n45.\nSulphur content of fuel oil in Emission Control Areas ............................................................... 33\n46.\nFuel oil documentation by supplier ........................................................................................... 33\n47.\nBlending of fuel oils to achieve sulphur content limits for operating in an Emission Control\nArea......................................................................................................................................... 33\n48.\nApplication of sulphur limits for new or changed Emission Control Areas ................................. 34\nDIVISION 4 \u2013VAPOUR EMISSION CONTROL\n34\n49.\nFitting of vapour emission control systems on board ship ........................................................ 34\n50.\nVolatile Organic Compound Control Management Plan ........................................................... 34\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nArrangement of Regulations\n\nc\nSL 11 of 2013\nPage 5\n\nPART V\u2013 SHIPBOARD INCINERATION\n51.\nShipboard incineration and installation and use of incinerators ................................................ 35\n52.\nProhibition on the incineration of certain substances ................................................................ 36\n53.\nProhibition on the use of shipboard incinerators whilst in Cayman ports or harbours etc. ......... 36\n54.\nCombustion chamber temperatures ......................................................................................... 37\n55.\nPreservation of the London Convention ................................................................................... 37\nPART VI\u2013 FUEL OIL AVAILABILITY AND QUALITY\n56.\nNon-application to certain fuels ................................................................................................ 37\n57.\nFuel Oil Quality ........................................................................................................................ 37\n58.\nFuel oil derived by methods other than petroleum refining ....................................................... 38\n59.\nMaster to ensure compliant fuel is used on board ship. ............................................................ 38\n60.\nAction in the event of non-compliance regarding fuel oil ........................................................... 38\n61.\nBunker Delivery Note and fuel oil sample ................................................................................. 39\n62.\nRegistration of fuel oil suppliers in the Cayman Islands ............................................................ 40\n63.\nInspection of Bunker Delivery Note and analysis of fuel sample. .............................................. 41\n64.\nAction where non-compliant fuel is found on board ship ........................................................... 41\n65.\nArrangements for ships on scheduled services ........................................................................ 41\n66.\nPromotion of the availability of compliant fuel oil ...................................................................... 41\nPART VII \u2013 OFFENCES AND ENFORCEMENT\n67.\nOffences-general ..................................................................................................................... 42\n68.\nFalse declaration on Bunker Delivery Note .............................................................................. 44\n69.\nOther persons party to the commission of an offence .............................................................. 44\n70.\nAct or default of other persons ................................................................................................. 44\n71.\nDefence ................................................................................................................................... 44\n72.\nOffences by officers of bodies corporate .................................................................................. 45\nSCHEDULE 1\n47\nTYPE APPROVAL AND OPERATING LIMITS FOR SHIPBOARD INCINERATORS\n47\nSCHEDULE 2\n49\nINFORMATION TO BE INCLUDED IN A BUNKER DELIVERY NOTE\n49\nSCHEDULE 3\n50\nEMISSION CONTROL AREAS\n50\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 1\n\nc\nSL 11 of 2013\nPage 7\n\nCAYMAN ISLANDS\n\nMerchant Shipping (Marine Pollution) Law\nMERCHANT SHIPPING (MARINE POLLUTION)\n(PREVENTION OF AIR POLLUTION FROM\nSHIPS) REGULATIONS, 2012\n(SL 11 of 2013)\nThe Governor, in exercise of the powers conferred on him by section 6 of the Merchant\nShipping (Marine Pollution) Law, 2001, and by section 463 of the Merchant Shipping\nLaw (2011 Revision), hereby makes the following regulations:\nPART I - GENERAL\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Marine Pollution)\n(Prevention of Air Pollution from Ships) Regulations, 2012.\n2.\nInterpretation\n2.\n(1) In these Regulations \u2014\n\u201cAnnex VI\u201d means the Regulations for the Prevention of Air Pollution from\nShips appended to the Protocol of 1997 to the Marine Pollution Convention\nand adopted by the International Conference of Parties to the MARPOL\nConvention in September 1997, together with the amendments adopted on 10\nOctober 2008 under Resolution MEPC.176(58) and those adopted 26 March\n2010 under Resolution MEPC.190(6) and any such future amendments thereof\n\nRegulation 2\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 8\nSL 11 of 2013\nc\n\nor replacements therefor with respect to the Protocol of 1997 and Annex VI as\nmay be in effect in respect of the Islands;\n\u201canniversary date\u201d in relation to an IAPP Certificate means the day and\nmonth of each year, within the period of validity of the Certificate, which\ncorresponds to the date of expiry of the Certificate and for a Certificate issued\nwith a period of validity of n years, where n is greater than 1 but not greater\nthan 5, the last anniversary means the anniversary date occurring in the year\npreceding the date of expiry of the Certificate, the last but one anniversary\n(where applicable) means the anniversary date occurring in the second year\npreceding the expiry date, with earlier anniversary dates as applicable being\nconstrued accordingly;\n\u201cannual survey period\u201d means the period of six months commencing three\nmonths prior to each anniversary date;\n\u201cCayman Islands ship\u201d has the same meaning as in section 2 (1) of the\nMerchant Shipping Law (2011 Revision);\n\u201cChief Executive Officer\u201d means Chief Executive Officer of MACI;\n\u201ccontinuous feeding\u201d in relation to a shipboard incinerator, means the process\nwhereby waste is fed into a combustion chamber without human assistance\nwhile the incinerator is in normal operating conditions with the combustion\nchamber operative temperatures within the range of 850\u00b0 and 1200\u00b0C;\n\u201cConvention country\u201d means \u2014\n(a)\na country, the government of which is party to MARPOL 73\/78 and the\n1997 Protocol thereto; and\n(b) a territory of such a country to which MARPOL73\/78 and the 1997\nProtocol thereto extends;\n\u201cdirect replacement\u201d, in relation to the equipment and fittings required under\nthese Regulations, means the direct replacement of equipment and fittings with\nequipment and fittings that conform with the provisions of Annex VI;\n\u201cemission\u201d means any release of a substance subject to control by these\nRegulations from a ship into the atmosphere or sea;\n\u201cemission control area\u201d means the areas as delineated in Schedule 3 together\nwith any other sea area, including a port area, so designated as an emission\ncontrol area in any amendment to the Protocol of 1997 as may be in effect\nfrom time to time in respect of the Islands;\n\u201cfuel oil\u201d means any fuel delivered to and intended for combustion purposes\nfor propulsion or operation on board a ship and includes distillate and\nresidual fuel;\n\u201cfuel oil supplier\u201d means any person who supplies fuel oil from within the\nCayman Islands to any ship to which these regulations apply;\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 2\n\nc\nSL 11 of 2013\nPage 9\n\n\u201cIAPP Certificate\u201d means a certificate entitled \u201cInternational Air Pollution\nPrevention Certificate\u201d issued in accordance with Annex VI;\n\u201cIGC Code\u201d means the 1993 edition of the IMO International Code for the\nConstruction and Equipment of Ships Carrying Liquefied Gases in Bulk and\nany subsequent amendments thereof or replacements therefor as may be in\neffect in respect of the Islands;\n\u201cintermediate survey period\u201d means the period of six months commencing\nthree months prior to the second or the third anniversary date;\n\u201cLaw\u201d means the Merchant Shipping (Marine Pollution) Law, 2001;\n\u201clength (L)\u201d has the same meaning as in regulation 2 of the Merchant\nShipping \u2014 (Load Line) Regulations, 2002, as may be amended from time\nto time;\n\u201cMACI\u201d means the Maritime Authority of the Cayman Islands and is the\nMaritime Authority established under section 3 of the Maritime Authority Law\n(2008 Revision);\n\u201cmarine diesel engine\u201d means any reciprocating internal combustion engine\noperating on liquid or dual fuel to which regulation 34 applies, including\nbooster\/compound systems if applied;\n\u201cMarine Pollution Convention\u201d or \u201cMARPOL 73\/78\u201d means the\nInternational Convention for the Prevention of Pollution from Ships, 1973, as\nmodified by the Protocol of 1978, together with such amendments thereof or\nreplacements therefor as may be in effect in respect of the Islands;\n\u201cmaximum continuous rating of the engine\u201d means the rated power in kW\nas given in the Engine International Air Pollution Prevention Certificate issued\nin accordance with the NOx Technical Code;\n\u201cnew installation\u201d means the installation of systems, equipment, including\nnew portable fire extinguishing units, insulation, or other material on a ship,\nbut excludes repair or recharge of previously installed systems, equipment,\ninsulation, or other material, and excludes recharge of portable fire\nextinguishing units;\n\u201cNOx Technical Code\u201d means the Technical Code on Control of Emission of\nNitrogen Oxides from Marine Diesel Engines adopted on 27 September 1997\nby Resolution 2 of the Conference of Parties to MARPOL 73\/78 together with\namendments adopted on 10 October 2008 under Resolution MEPC.177(58)\nand any such future amendments thereof or replacements therefor as may be in\neffect in respect of the Islands;\n\u201cnoxious liquid substance\u201d has the meaning given in regulation 1.10 of\nAnnex II to MARPOL 73\/78;\n\u201coffshore terminal\u201d means an installation situated away from the shore where\nbulk fluid or gas cargo is \u2014\n\nRegulation 2\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 10\nSL 11 of 2013\nc\n\n(a)\ntransferred between ships;\n(b) loaded on to a ship having been transported from the shore line; or\n(c)\nunloaded from a ship for transporting to the shoreline;\n\u201cowner\u201d, in relation to a ship, has the same meaning as in section 2(1) of the\nof the Merchant Shipping Law (2011 Revision);\n\u201cozone-depleting substance\u201d means a controlled substance defined in\nparagraph 4 of article 1 of the Montreal Protocol on Substances that Deplete\nthe Ozone Layer, 1987, listed in Annex A, B, C or E to that Protocol together\nwith any such future amendments thereof or replacements therefor with\nrespect to that Protocol as may be in effect in respect of the Islands;\n\u201cperiod of validity\u201d in relation to an IAPP Certificate means the period from\nthe initial date of issue of the Certificate following the satisfactory conclusion\nof an initial survey in accordance with regulation 5 or renewal survey in\naccordance with regulation 6 until the date of expiry of that Certificate and any\nre-issue of the same Certificate, other than following a satisfactory initial or\nrenewal survey, shall not affect the Certificate\u2019s period of validity or expiry\ndate or the cycle of surveys applicable during the period of validity;\n\u201cplatform\u201d includes fixed and floating platforms and drilling rigs;\n\u201cProtocol of 1997\u201d means the Protocol, dated 26th September 1997, to amend\nMARPOL 73\/78;\n\u201cship\u201d means a vessel of any type whatsoever operating in the marine\nenvironment and includes hydrofoil boats, air-cushion vehicles, submersibles,\nfloating craft and platforms;\n\u201cshipboard incineration\u201d means the incineration on board a ship of wastes or\nother matter generated during the normal operation of the ship;\n\u201cshipboard incinerator\u201d means a shipboard facility designed for the primary\npurpose of incineration;\n\u201csludge oil\u201d means sludge from fuel or lubricating oil separators, waste\nlubricating oil from main or auxiliary machinery, or waste oil from bilge water\nseparators, oil filtering equipment or drip trays;\n\u201csurveyor\u201d means a person who is appointed as a surveyor of ships under\nsection 419 (1) and (2) of the Merchant Shipping Law (2011 Revision);\n(2) Any reference in Part II to a survey, so far as it concerns a survey of engines\nand equipment for compliance with regulation 37, means a survey in\naccordance with the NOx Technical Code.\n(3) Any reference in these Regulations to the date of construction of a ship is a\nreference to the date on which the keel of the ship is laid or on which the ship\nis at a stage of construction at which \u2014\n(a)\nconstruction identifiable with a specific ship has begun; and\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 3\n\nc\nSL 11 of 2013\nPage 11\n\n(b) assembly of that ship has incorporated at least 50 tonnes of structural\nmaterial or one per cent of the estimated mass of all structural material,\nwhichever is less.\n(4) In the application of these Regulations to \u2014\n(a)\nan air-cushion vehicle, a reference to the master of a ship includes a\nreference to the captain of that air-cushion vehicle; and\n(b) a platform, a reference to the master of a ship includes a reference to the\nmanager of that platform.\n3.\nApplication\n3.\n(1) Unless expressly provided otherwise, these Regulations apply to \u2014\n(a)\nall Cayman Islands ships;\n(b) other ships while they are within the territorial sea of the Cayman\nIslands;\n(c)\nany marine diesel engine of 130kW power or above installed on any ship\nto which these Regulations apply.\n(2) These Regulations do not apply to \u2014\n(a)\nany warship, naval auxiliary or other ship owned or operated by a State\nand used, for the time being, only on government, non-commercial\nservice;\n(b) any emission necessary for the purpose of securing the safety of a ship or\nsaving life at sea;\n(c)\nany emission resulting from damage to a ship or its equipment \u2014\n(i)\nprovided that all reasonable precautions have been taken after the\noccurrence of the damage or discovery of the emission for the\npurpose of preventing or minimising the emission; and\n(ii) except if the operator or the master acted either with intent to cause\ndamage, or recklessly and with knowledge that damage would\nprobably result;\n(d) any emission from any ship arising directly from the exploration,\nexploitation and associated offshore processing of sea-bed mineral\nresources, including but not limited to \u2014\n(i)\nthe flaring of hydrocarbons;\n(ii) the burning of cuttings, muds and stimulation fluids during well\ncompletion and testing operations;\n(iii) flaring arising from upset conditions;\n(iv) the release of gases and volatile compounds entrained in drilling\nfluids and cuttings;\n\nRegulation 4\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 12\nSL 11 of 2013\nc\n\n(v) emissions associated solely and directly with the treatment,\nhandling and storage of sea-bed minerals; and\n(vi) emissions from marine diesel engines that are solely dedicated to\nthe exploration, exploitation and associated off-shore processing of\nsea-bed mineral resources;\n(e)\nthe use of hydrocarbons that are produced and subsequently used on-site\nas fuel by a Cayman Islands ship or platform where such use has been\nauthorised by the Chief Executive Officer.\n4.\nEquivalents\n4.\n(1) The Chief Executive Officer may permit any fitting, material, appliance or\napparatus to be fitted in a ship as an alternative to that required by these\nRegulations if that fitting, material, appliance or apparatus is at least as\neffective in terms of emissions reductions as that required by these\nRegulations.\n(2) The Chief Executive Officer shall inform the IMO of any equivalent permitted\nin accordance with paragraph (1).\nPART II - SURVEYS AND CERTIFICATES OF SHIPS\n5.\nRequirement for IAPP certificate: Initial Survey\n5.\n(1) A Cayman Islands ship, other than a platform, of 400 gross tonnage and above\nand any Cayman Islands platform must not \u2014\n(a)\nbe put into service; or\n(b) if it is already in service, continue in service,\nunless the requirements set out in paragraph (2) are met.\n(2) The requirements referred to in paragraph (1) are that \u2014\n(a)\na survey has been carried out in respect of the ship;\n(b) at the date of the survey the surveyor is satisfied that the equipment,\nsystems, fittings, arrangements and materials fully comply with the\nrequirements of this Part, or an alternative that has been permitted\npursuant to regulation 4; and\n(c)\nan IAPP Certificate has been issued in respect of that ship and is still\nvalid.\n(3) A survey carried out under paragraph (2) is referred to in these Regulations as\nan \u201cinitial survey\u201d.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 6\n\nc\nSL 11 of 2013\nPage 13\n\n6.\nRenewal of IAPP Certificate: Renewal Survey\n6.\n(1) A Cayman Islands ship, other than a platform, of 400 gross tonnage and above\nand any Cayman Islands platform must not \u2014\n(a)\nproceed to sea; or\n(b) if it is already at sea, remain at sea,\nafter the date of expiry of an IAPP certificate in respect of that ship unless the\nrequirements set out in paragraph (2) are met.\n(2) The requirements referred to in paragraph (1) are that \u2014\n(a)\na survey has been carried out in respect of the ship;\n(b) at the date of the survey the surveyor is satisfied that the equipment,\nsystems, fittings, arrangements and materials fully comply with the\nrequirements of Part III, or an alternative that has been permitted\npursuant to regulation 4; and\n(c)\nan IAPP Certificate has been issued in respect of that ship and is still\nvalid.\n(3) A survey carried out under paragraph (2) is referred to in these Regulations as\na \u201crenewal survey\u201d.\n7.\nAnnual Survey\n7.\n(1) Subject to paragraph (3), a Cayman Islands ship, other than a platform, of 400\ngross tonnage and above and any Cayman Islands platform must not \u2014\n(a)\nproceed to sea; or\n(b) if it is already at sea, remain at sea,\nafter the end of any annual survey period for that ship unless the requirements\nset out in paragraph (2) are met.\n(2) The requirements referred to in paragraph (1) are that \u2014\n(a)\na survey has been carried out in respect of the ship; and\n(b) the surveyor \u2014\n(i)\nis satisfied, at the date of survey, that the equipment, systems,\nfittings, arrangements and materials of that ship have been\nmaintained in accordance with this Part and remain satisfactory for\nthe service for which the ship is intended; and\n(ii) has endorsed the IAPP Certificate to that effect.\n(3) Paragraph (1) does not apply if the requirements of regulation 6(2) or 8(2)\nhave been met during the annual survey period in question.\n(4) An endorsement referred to in paragraph (2)(b)(ii) must be in the form set out\nin Appendix 1 to Annex VI.\n\nRegulation 8\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 14\nSL 11 of 2013\nc\n\n(5) A survey carried out under paragraph (2) is referred to in these Regulations as\nan \u201cannual survey\u201d.\n8.\nIntermediate Survey\n8.\n(1) Subject to paragraph (2), a Cayman Islands ship, other than a platform, of 400\ngross tonnage and above and any Cayman Islands platform must not \u2014\n(a)\nproceed to sea; or\n(b) if it is already at sea, remain at sea,\nafter the third anniversary date, unless the requirements set out in paragraph\n(2) are met.\n(2) The requirements referred to in paragraph (1) are that \u2014\n(a)\na survey has been carried out in respect of the ship during an intermediate\nsurvey period; and\n(b) the surveyor \u2014\n(i)\nat the date of that survey is satisfied that the equipment and\narrangements of that ship fully comply with the requirements of this\nPart, or an alternative that has been permitted pursuant to regulation\n4, and are at the time of the survey in good working order; and\n(ii) has endorsed the IAPP Certificate to that effect;\n(3) An endorsement referred to in sub-paragraph (2)(b)(ii) must be in the form set\nout in Appendix 1 to Annex VI.\n(4) A survey carried out under paragraph (2) is referred to in these Regulations as\nan \u201cintermediate survey\u201d.\n9.\nResponsibilities of the owner and master of a ship\n9.\n(1) The owner and the master of a Cayman Islands ship, other than a platform, of\n400 gross tonnage and above and any Cayman Islands platform must ensure\nthat the condition of the ship and its equipment are maintained to conform\nwith the provisions of Part III so as to ensure that the ship in all respects\nremains fit to proceed to sea without presenting an unreasonable threat of harm\nto the marine environment.\n(2) The owner and the master of a Cayman Islands ship, other than a platform, of\n400 gross tonnage and above and any Cayman Islands platform must ensure\nthat after any survey of the ship required by this Part has been completed, no\nchange, except by way of direct replacement, is made to the equipment,\nsystems, fittings, arrangements and materials of that ship covered by the\nsurvey without the approval of the Chief Executive Officer.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 10\n\nc\nSL 11 of 2013\nPage 15\n\n(3) Whenever \u2014\n(a)\nan accident occurs to a ship; or\n(b) a defect is discovered in a ship,\nwhich substantially affects the efficiency or completeness of the equipment of\nthe ship required under this Part, the owner and the master of the ship must\nensure that the requirements of paragraph (4) are complied with.\n(4) The requirements referred to in paragraph (3) are that \u2014\n(a)\nthe accident or defect, as the case may be, is reported at the earliest\nopportunity to the Chief Executive Officer that issued the appropriate\ncertificate in respect of the ship; and\n(b) in the case of a ship in a port outside the Cayman Islands, the accident or\nthe defect, as the case may be, is also immediately reported to the\nappropriate maritime authorities in the country in which the port is\nsituated.\n(5) Whenever an accident or defect is reported to the Chief Executive Officer in\naccordance with paragraph (4)(a), he \u2014\n(a)\nmay cause an investigation to be initiated to determine whether or not an\nadditional survey is necessary; and\n(b) if it considered that an additional survey is necessary, shall cause that\nsurvey to be carried out.\n(6) Whenever an accident or defect is reported to the Chief Executive Officer in\naccordance with paragraph (4)(a) and the ship in question is in a port outside\nthe Cayman Islands, the Chief Executive Officer shall take all appropriate\nsteps to ascertain that the requirement in paragraph (4)(b) has been\ncomplied with.\n10.\nAdditional Surveys\n10. (1) This regulation applies to a Cayman Islands ship, other than a platform, of 400\ngross tonnage and above and any Cayman Islands platform where \u2014\n(a)\na survey is considered necessary in accordance with regulation 9(5); or\n(b) an important repair or renewal, other than by way of direct replacement,\nhas been made to the ship.\n(2) A ship to which this regulation applies must not \u2014\n(a)\nproceed to sea; or\n(b) if it is already at sea, remain at sea,\nunless the requirements set out in paragraph (3) are met.\n(3) The requirements referred to in paragraph (2) are that \u2014\n\nRegulation 11\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 16\nSL 11 of 2013\nc\n\n(a)\na survey has been carried out in respect of the ship;\n(b) t the date of the survey the surveyor is satisfied that \u2014\n(i)\nthe repair or renewal has been made effectively;\n(ii) the materials used in, and the workmanship of, the repair or renewal\nare satisfactory in all respects; and\n(iii) the ship complies in all respects with the requirements of Part\nIII; and\n(c)\nthe surveyor has issued a survey report expressing the satisfaction\nrequired by subparagraph (b).\n(4) A survey carried out under paragraph (3) is referred to in these Regulations as\nan \u201cadditional survey\u201d.\n11.\nNominated Surveyors and Recognised Organisations\n11. (1) Subject to paragraph (2), surveys under these Regulations shall be carried out\nby a surveyor of ships.\n(2) The Chief Executive Officer may entrust the surveys under these Regulations\nto surveyors nominated for the purpose or to organisations recognised by him.\n(3) Where surveyors or organisations are entrusted by the Chief Executive Officer\nunder paragraph (2), the Chief Executive Officer shall ensure the completeness\nand efficiency of the surveys and shall undertake to ensure the necessary\narrangements satisfy this obligation.\n(4) Surveyors or organisations to whom surveys are entrusted under paragraph (2)\nshall as a minimum be empowered by the Chief Executive Officer to require\nthat corrective action is taken immediately to bring a ship into compliance\nwith this Part.\n(5) The Chief Executive Officer shall notify the IMO of the specific\nresponsibilities and conditions of the authority delegated to such nominated\nsurveyors or recognised organisations for circulation to MARPOL member\nStates.\n12.\nIssue of IAPP Certificate\n12. (1) On being notified by a surveyor that the surveyor \u2014\n(a)\nhas carried out an initial survey or a renewal survey in respect of a ship to\nwhich this regulation applies; and\n(b) is satisfied at the date of the survey that the equipment, systems, fittings,\narrangements and materials fully comply with the requirements of this\nPart or an alternative that has been permitted pursuant to regulation 4,\nthe IAPP Certificate shall be issued or endorsed by either the Chief Executive\nOfficer or by any person or organisation duly authorised by him and in every\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 13\n\nc\nSL 11 of 2013\nPage 17\n\nsuch case the Chief Executive Officer shall assume full responsibility for the\nCertificate.\n(2) Where a ship is transferred to the Cayman Islands flag, a new IAPP Certificate\nshall only be issued when the Chief Executive Officer is fully satisfied that \u2014\n(a)\nthe ship is in full compliance with these Regulations; and\n(b) no changes, except by way of direct replacement, have been made to the\nequipment, systems, fittings, arrangements and materials of that ship\nsince the initial issue of the IAPP Certificate issued by the Convention\ncountry from which the ship is being transferred and which is in force at\nthe time of transfer.\n(3) An IAPP Certificate issued under these Regulations must be in English and in\nthe form set out in Appendix 1 to Annex VI.\n13.\nIssue or endorsement of IAPP Certificates at the request of another\nConvention country\n13. (1) The Chief Executive Officer may, at the request of a Convention country other\nthan the Cayman Islands, cause a ship which is registered in or otherwise\nentitled to fly the flag of that Convention country, to be surveyed and, if\nsatisfied following such a survey that these Regulations have been complied\nwith, shall issue or authorise the issuance to that ship of an IAPP Certificate,\nand where appropriate endorse or authorise the endorsement of the IAPP\nCertificate on the ship, in accordance with these Regulations.\n(2) An IAPP Certificate so issued shall contain a statement to the effect that it has\nbeen issued at the request of the Convention country and a copy of it together\nwith a copy of the survey report shall be transmitted as early as possible to the\nConvention country requesting the survey.\n(3) No IAPP Certificate shall be issued to a ship which is not entitled to fly the\nflag of a Convention country.\n14.\nIssue or endorsement of IAPP Certificates to Cayman Islands ship by\nanother Convention country\n14. (1) The Chief Executive Officer may request a Convention country, other than the\nCayman Islands, to survey a Cayman Islands ship to which these Regulations\napply and, if the surveyor undertaking the survey is satisfied, following such a\nsurvey, that these Regulations have been complied with the Chief Executive\nOfficer may request the Convention country to issue to that Cayman Islands\nship an IAPP Certificate, and where appropriate endorse or authorise the\nendorsement of the IAPP Certificate on the ship, in accordance with these\nRegulations and Annex VI.\n\nRegulation 15\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 18\nSL 11 of 2013\nc\n\n(2) An IAPP Certificate issued by another Convention country in accordance with\nparagraph (1) shall have the same force and receive the same recognition in\nthe Islands as an IAPP Certificate issued under these Regulations.\n15.\nDuration and validity of IAPP Certificate\n15. (1) Subject to the following paragraphs and to regulations 16(3) and 18(1), an\nIAPP Certificate issued in respect of a ship to which this Regulation applies is\nvalid for such period as is specified in the Certificate, not exceeding five years\nbeginning with the date of completion of the relevant initial or renewal survey.\n(2) Subject to paragraph (3), where a renewal survey is completed \u2014\n(a)\nwithin the final three month period; or\n(b) after the date of expiry of the latest IAPP Certificate,\nthe new IAPP Certificate is valid for such period as is specified in the\nCertificate, beginning with the date of the completion of the renewal survey\nand ending with a date not exceeding five years from the date of expiry of the\nlatest IAPP Certificate.\n(3) An IAPP Certificate issued in respect of a ship ceases to be valid upon any one\nor more of the following occurrences taking place \u2014\n(a)\nthe ship transferring to the flag of another State;\n(b) the ship proceeding to sea where \u2014\n(i)\na repair or renewal referred to in regulation 10(1) has been\nmade; and\n(ii) the requirements set out in regulation 10(3) have not been\ncomplied with;\n(c)\nif a survey under regulations 5, 6, 7 or 8 is not completed in accordance\nwith the requirements of these Regulations;\n(d) if an IAPP certificate is not endorsed in accordance with the requirements\nof these Regulations;\n(e)\nupon a new IAPP Certificate being issued in respect of the ship; or\n(f)\nupon the date of expiry of the Certificate.\n(4) Upon transfer of a Cayman Islands ship, to which these Regulations apply, to\nthe flag of another Convention country, where such country so requests within\nninety days after the transfer has taken place, the Chief Executive Officer shall\ntransmit as soon as possible to the government of the State concerned, a copy\nof the IAPP Certificate carried by the ship before the transfer and, if available,\na copy of the ship\u2019s most recent survey report.\n(5) In this regulation, the \u201cfinal three month period\u201d means the period of three\nmonths ending on the date of expiry of the IAPP Certificate in question.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 16\n\nc\nSL 11 of 2013\nPage 19\n\n16.\nExtension of validity of IAPP Certificate\n16. (1) Subject to paragraphs (2) to (7), no extension of the five-year period of\nvalidity of the IAPP Certificate shall be permitted.\n(2) Where, at the time when an IAPP Certificate expires, the ship is not in a port\nof a State in which it can be surveyed, an extension to the period of validity of\nthe Certificate may be granted \u2014\n(a)\nfor a period of not more than three months; and\n(b) only for the purpose of allowing the ship to complete its voyage to the\nport in which it is to be surveyed, and only then when it appears proper\nand reasonable to do so.\n(3) After arrival in the port in which it is to be surveyed, a ship shall not be\nentitled by virtue of an extension granted under paragraph (2) to leave the port\nwithout having obtained a new IAPP Certificate.\n(4) Where a renewal survey has been completed and a new IAPP Certificate\ncannot be issued or placed on board the ship before the expiry date of the\nexisting Certificate, the period of validity of the existing Certificate may be\nextended for a further period not exceeding five months from the expiry date\nof the Certificate.\n(5) An IAPP Certificate issued to a ship engaged on short voyages which has not\nbeen extended under the foregoing paragraphs may be extended for a period of\ngrace of up to one month from the date of expiry stated on it and when the\nrenewal survey is completed the new Certificate shall be valid to a date not\nexceeding five years from the date of expiry of the existing Certificate before\nthe extension was granted.\n(6) Where an annual or intermediate survey is completed before the periods\nspecified in regulation 2 then \u2014\n(a)\nthe anniversary date shown on the IAPP Certificate shall be amended by\nendorsement to a date that shall not be more than three months later than\nthe date on which the survey was completed;\n(b) the subsequent annual or intermediate survey required by regulation 7 or\n8 respectively shall be completed at the intervals prescribed by that\nregulation using the new anniversary date; and\n(c)\nthe expiry date may remain unchanged provided one or more annual or\nintermediate surveys, as appropriate, are carried out so that the maximum\nintervals between the surveys prescribed by regulation 7 or 8 are not\nexceeded.\n(7) Any extension of an IAPP Certificate shall be effected by the insertion, by a\nduly authorised person, of the appropriate endorsement on the Certificate.\n\nRegulation 17\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 20\nSL 11 of 2013\nc\n\n17.\nProcedure to be adopted when ship is deficient\n17. (1) Where a surveyor determines that \u2014\n(a)\nthe condition of a Cayman Islands ship, other than a platform, of 400\ngross tonnage and above and any Cayman Islands platform, or its\nequipment, does not correspond substantially with the particulars of the\nIAPP Certificate (if any) issued in respect of the ship or platform; or\n(b) a Cayman Islands ship, other than a platform, of 400 gross tonnage and\nabove and any Cayman Islands platform, is not fit to proceed to sea\nwithout presenting an unreasonable threat of harm to the marine\nenvironment,\nthe surveyor shall proceed in accordance with paragraph (2).\n(2) Where paragraph (1) is applicable, the surveyor shall advise the owner or\nmaster of the corrective action which in the opinion of the surveyor is required\nand where an IAPP Certificate has been issued in respect of the ship or\nplatform and is still valid, the surveyor shall also notify the Chief Executive\nOfficer \u2014\n(a)\nthat the surveyor has advised the owner and master of the corrective\naction required; and\n(b) where applicable, that the corrective action has not been taken.\n(3) Where an IAPP Certificate has been issued in respect of the ship and is still\nvalid, the Chief Executive Officer may suspend the validity of that Certificate\nuntil the corrective action has been taken.\n(4) Where the Chief Executive Officer suspends the validity of an IAPP\nCertificate issued in respect of a ship, he must immediately give notice of such\nsuspension \u2014\n(a)\nto the owner of the ship; and\n(b) where the ship is in a port outside the Cayman Islands, to the appropriate\nmaritime authorities of the country in which the port is situated.\n(5) Where the owner of the ship is given notice of the suspension of an IAPP\nCertificate, that owner must notify the master of the ship in question of the\nsuspension.\n(6) Paragraphs (1) and (2) have effect in relation to non-Cayman Islands ships in\nCayman Islands waters as if \u2014\n(a)\nthe reference to \u201cthe Chief Executive Officer\u201d includes a reference to the\nGovernment of the State where the ship is registered or is otherwise\nentitled to fly the flag of that State if the ship is not registered; and\n(b) the reference to \u201ca surveyor\u201d includes a reference to a person authorised\nby that State to survey the ship.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 18\n\nc\nSL 11 of 2013\nPage 21\n\n18.\nArbitration with respect to refusal to issue IAPP Certificate\n18. (1) Should an owner, or any other person making an application for a survey\nrequired by these Regulations be dissatisfied with the outcome of the survey\nbecause the issue of an IAPP Certificate has been refused or for any other\nreason, he may serve notice, within twenty-one days of the completion of the\nsurvey, on the person responsible for issuing the certificate under regulation\n12, that the dispute be referred to a single arbitrator, appointed by agreement\nbetween the parties, to be settled by him.\n(2) A person shall not be qualified for appointment as an arbitrator under this\nsection unless he is \u2014\n(a)\na person holding a certificate of competency as a master mariner\n(unrestricted) or as a marine engineer officer Class 1, or a person holding\na certificate equivalent to any such certificate;\n(b) a naval architect;\n(c)\na person with at least ten years standing as an attorney-at-law in the\nIslands and with at least ten years\u2019 experience in shipping law;\n(d) a person referred to in section 3(1)(a) of the Legal Practitioners Law\n(2010 Revision) who has practised in the designated profession for a\nperiod of at least ten years and with at least ten years\u2019 experience in\nshipping law; or\n(e)\na person with special experience in the shipping industry.\n(3) In connection with his functions under this regulation, an arbitrator shall have\nthe powers of inspection conferred by section 422 of the Merchant Shipping\nLaw (2011 Revision).\n19.\nMiscellaneous provisions relating to IAPP Certificates\n19. (1) The Chief Executive Officer may cancel an IAPP Certificate issued in respect\nof a ship to which these Regulations apply, where he has reason to\nbelieve that \u2014\n(a)\nthe IAPP Certificate was issued on false or erroneous information; or\n(b) since the completion of any survey required by these Regulations, the\nequipment or machinery of the ship has sustained damage or is otherwise\ndeficient.\n(2) The Chief Executive Officer may require that an IAPP Certificate issued in\nrespect of a ship to which these Regulations apply, and which has expired or\nwhich has been cancelled, or which has been suspended in accordance with\nregulation 17(3), is to be surrendered within such time and in such manner as\nhe may in writing direct and the master or owner shall duly surrender the\nCertificate.\n(3) In relation to a ship to which this these Regulations apply, no person \u2014\n\nRegulation 20\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 22\nSL 11 of 2013\nc\n\n(a)\nother than the Chief Executive Officer, or a person authorised by him to\nissue, endorse or alter an IAPP Certificate, shall intentionally alter an\nIAPP Certificate;\n(b) shall intentionally make or issue a false IAPP Certificate;\n(c)\nshall knowingly or recklessly provide false information in connection\nwith a survey required under these Regulations;\n(d) shall with intent to deceive, use or lend an IAPP Certificate or permit an\nappropriate certificate to be used by another person; or\n(e)\nshall fail to surrender an IAPP Certificate where required to do so\npursuant to paragraph (2).\n(4) The owner and the master of a ship, in respect of which an IAPP Certificate\nhas been issued must ensure that the Certificate is readily available on board\nthe ship for inspection at all times.\n20.\nProhibition on non-Cayman Islands ships proceeding to sea without an\nIAPP Certificate or documentation\n20. (1) A non-Cayman Islands ship, other than a platform, of 400 gross tonnage and\nabove and any non-Cayman Islands platform registered in, or entitled to fly the\nflag of, a Convention country, must not proceed to sea from a port in the\nCayman Islands unless \u2014\n(a)\nan IAPP Certificate has been issued pursuant to Annex VI in respect of\nthat ship and is still valid;\n(b) a surveyor is satisfied that the ship can proceed to sea without presenting\nan unreasonable threat of harm to the marine environment; or\n(c)\nwhere the ship or platform has been detained or is subject to detention, a\nperson having power to detain the ship has permitted the ship to proceed\nto sea for the purpose of proceeding to the nearest appropriate repair yard\navailable.\n(2) A non-Cayman Islands ship, other than a platform, of 400 gross tonnage and\nabove and any non-Cayman Islands platform which is registered in or entitled\nto fly the flag of a country which is not a Convention country shall not proceed\nto sea from a port in the Cayman Islands unless documentation has been issued\nin respect of that ship which is still valid and shows that a survey has been\ncarried out in respect of the ship as if regulation 5 applied to the ship; and\neither \u2014\n(a)\na surveyor is satisfied that the ship can proceed to sea without presenting\nan unreasonable threat of harm to the marine environment; or\n(b) where the ship or platform has been detained or is subject to detention, a\nperson having power to detain the ship has permitted the ship to proceed\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 21\n\nc\nSL 11 of 2013\nPage 23\n\nto sea for the purpose of proceeding to the nearest appropriate repair yard\navailable.\nPART III \u2013 CONTROL, INSPECTION AND DETENTION OF\nSHIPS\n21.\nInspections of ships to ensure compliance\n21. (1) Subject to paragraph (2) a surveyor or other officer referred to in\nsection 420(1) of the Merchant Shipping Law (2011 Revision), or a proper\nofficer, may, at all reasonable times, go on board any Cayman Islands ship\nwherever it may be and any other ship which is in Cayman waters in\norder to \u2014\n(a)\ninspect or survey all or any part of the ship and its equipment;\n(b) inspect any documentation held or required to be held on board the ship;\n(c)\nassess the operational preparedness of the master and crew, as\nappropriate,\nin order to ascertain the level of compliance of the ship with these Regulations.\n(2) An inspection carried out for Port State Control purposes shall \u2014\n(a)\nbe undertaken in accordance with the applicable provisions of the\nMerchant Shipping (Port State Control) Regulations, 2003, as may be\namended from time to time; and\n(b) in addition to the inspection procedures set out in regulation 6 of the\nMerchant Shipping (Port State Control) Regulations, 2003 and without\naffecting the generality of the application of those Regulations, an initial\nPort State Control inspection shall include \u2014\n(i)\nverifying whether the ship has emitted any substances in\ncontravention of these Regulations; and\n(ii) inspecting bunker delivery notes retained on board in accordance\nwith regulation 61 (3).\n(3) An inspection or survey undertaken on board a Cayman Islands ship shall, as\nnecessary, include \u2014\n(a)\nan inspection or survey of any part of the ship or its equipment;\n(b) any documentation which the ship is required to have on board; and\n(c)\nan assessment of the familiarity of the master and crew with the essential\nshipboard procedures and use of equipment for the prevention of air\npollution in accordance with these Regulations.\n\nRegulation 22\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 24\nSL 11 of 2013\nc\n\n22.\nPowers of surveyors and other officers\n22. The powers conferred by sections 420, 421 and 422 of the Merchant Shipping Law\n(2011 Revision) shall be available to a surveyor or other officer referred to in\nregulation 21(1) with respect to the carrying out of any inspection or survey under\nthese Regulations.\n23.\nDetention of ships\n23. (1) Subject to paragraph (2), where, in relation to any Cayman Islands ship\nwherever it may be and any other ship in Cayman Islands waters, other than a\nplatform in transit, to which these Regulations apply \u2014\n(a)\nan IAPP Certificate is required have been issued in respect of the ship but\nhas not been issued, or has been issued but is not valid or is not on board;\n(b) the condition of the ship or its equipment does not correspond\nsubstantially with the particulars of the IAPP Certificate or other\nappropriate documentation which the ship should have on board;\n(c)\nthe condition of the ship or its equipment is such that the vessel cannot\nproceed to sea without presenting an unreasonable threat of harm to the\nmarine environment;\n(d) the master or crew are not familiar with essential shipboard procedures or\nthe operation of equipment required under these Regulations relating to\nthe prevention of air-pollution; or\n(e)\nan offence under regulation 67 has been committed,\nthe ship is liable to be detained until a surveyor is satisfied that it can proceed\nto sea without presenting an unreasonable threat of harm to the marine\nenvironment.\n(2) Where a ship is liable to be detained or has been detained under paragraph (1)\na surveyor or other person having powers to detain the ship may permit the\nship to proceed to the nearest port where appropriate repair facilities are\navailable.\n(3) Section 444 of the Merchant Shipping Law (2011 Revision) applies where a\nship is liable to be or is detained under this regulation as if references to the\ndetention of a ship under that Law were references to these Regulations.\n24.\nProcedures with respect to detention of ships\n24. (1) Where a ship is liable to be detained under these Regulations a person\nauthorised to detain the ship shall serve on the master of the ship or other\nperson for the time being in charge of the ship a detention notice which states\nthe grounds for detention and the requirements to be complied with in respect\nof the notice in order for the ship to be released from the detention.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 25\n\nc\nSL 11 of 2013\nPage 25\n\n(2) Where a ship which is detained under these Regulations which is not a\nCayman Islands ship the Chief Executive Officer shall immediately inform the\nConsul or a diplomatic representative of the State whose flag the ship is\nentitled to fly, or the appropriate maritime authorities of that State, of the\ndetention and the grounds therefor.\n(3) Where a ship is detained under these Regulations a person authorised to detain\nshall release the ship in accordance with the applicable provisions of\nsection 444 of the Merchant Shipping Law (2011 Revision)\n(4) It is prohibited for a ship on which a detention notice has been served to\nproceed to sea or attempt to proceed to sea unless a release from the detention\nhas been issued in writing by a person authorised to issue a detention order in\naccordance with regulation 23(3).\n(5) Notwithstanding that a detained ship may be eligible for release where any\napplicable fine, cost and expenses have been paid by the master or owner of\nthe ship, or a security paid, in accordance with section 444 of the Merchant\nShipping Law (2011 Revision) the ship shall not be released until any\ndeficiency for which the vessel was detained has been rectified to the\nsatisfaction of the Chief Executive Officer.\n25.\nIssue of Improvement and Prohibition Notices\n25. In addition to any action taken with respect to the detention of ships under these\nRegulations a surveyor or inspector appointed under section 419 of the Merchant\nShipping Law (2011 Revision) may issue an Improvement or a Prohibition Notice in\naccordance with the provisions of sections 424 to 429.\n26.\nInvestigation of alleged breaches by a Cayman Islands ship reported by\nanother Convention country\n26. (1) Where, in accordance with regulation 11.4 and 11.5 of Annex VI, any\nConvention country furnishes to the Cayman Islands evidence that a Cayman\nIslands ship has emitted any substances in violation of Annex VI, the Chief\nExecutive Officer shall cause the matter to be investigated and may request the\nConvention country furnishing the information to provide additional or better\nevidence of the allegation.\n(2) If the Chief Executive Officer is satisfied that sufficient evidence is available\nto enable proceedings to be brought in respect of the alleged violation then\nsuch proceedings shall be brought as soon as possible.\n(3) The Chief Executive Officer shall inform the Convention country that has\nreported the alleged violation, as well as IMO, of the action taken as soon as\npossible.\n\nRegulation 27\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 26\nSL 11 of 2013\nc\n\n27.\nInvestigation of alleged breaches following request by another Convention\ncountry\n27. (1) Where, in accordance with regulation 11.6 of Annex VI \u2014\n(a)\nany Convention country, other than the Cayman Islands, requests the\nCayman Islands to investigate an allegation that any ship entering\nCayman waters has emitted any substance in violation of the Annex; and\n(b) sufficient evidence is provided to the satisfaction of the Chief Executive\nOffice that there is sufficient evidence in support of the allegation,\nthe Chief Executive Officer shall cause such an investigation on the ship to be\ncarried out.\n(2) Where an investigation is carried out under paragraph (1) a report on the\ninvestigation shall be forwarded to the Convention country requesting the\ninvestigation and to the Convention country whose flag the vessel is entitled to\nfly if this is different to the Convention country making the request.\n28.\nRight of appeal and compensation for unjustified detention or serving of\nImprovement or Prohibition Notice\n28. (1) Regulations 12 and 13 of the Merchant Shipping (Port State Control)\nRegulations, 2003, as may be amended from time to time, shall have effect in\nrelation to a detention notice served under these Regulations subject to the\nreference in the Port State Control Regulations to inspector being taken to\ninclude a reference to a surveyor.\n(2) Sections 427 and 428 of the Merchant Shipping Law (2011 Revision) shall\nhave effect in relation to any Improvement or Prohibition Notice issued under\nthese Regulations.\nPART IV - CONTROL OF EMISSIONS FROM SHIPS - DIVISION 1\n\u2013 OZONE DEPLETING SUBSTANCES\n29.\nPermanently sealed equipment\n29. This division does not apply to permanently sealed equipment where there are no\nrefrigerant charging connections or potentially removable components containing\nozone-depleting substances.\n30.\nDeliberate emissions of ozone depleting substances prohibited\n30. (1) The deliberate emission of an ozone-depleting substance from a ship is\nprohibited.\n(2) For the purposes of this regulation \u201cdeliberate emission\u201d includes an emission\noccurring in the course of maintaining, servicing, repairing or disposing of\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 31\n\nc\nSL 11 of 2013\nPage 27\n\nsystems or equipment, but does not include minimal releases associated with\nthe recapture or recycling of an ozone-depleting substance or emissions\nreferred to in regulations 3(2) (b) and (c).\n31.\nProhibition on installations with ozone depleting substances.\n31. (1) Installations which contain ozone depleting substances, other than those\nreferred to in paragraph (2) shall be prohibited \u2014\n(a)\non ships constructed on or after 19 May 2005; or\n(b) on ships constructed before 19 May 2005, which have a contractual\ndelivery date of equipment to the ship on or after 19 May 2005 or, in the\nabsence of a contractual delivery date, the actual delivery of the\nequipment to the ship is on or after 19 May 2005.\n(2) Installations which contain hydrochlorofluorocarbons shall be prohibited \u2014\n(a)\non ships constructed on or after 01 January 2020; or\n(b) on ships constructed before 01 January 2020, which have a contractual\ndelivery date of the equipment to the ship on or after 01 January 2020 or,\nin the absence of a contractual delivery date,\nthe actual delivery of the equipment to the ship is on or after 01 January 2020.\n(3) Ozone-depleting substances and equipment containing such substances shall\nbe delivered to appropriate reception facilities when removed from ships.\n32.\nRecords to be kept regarding ozone depleting substances and equipment.\n32. Every ship to which regulation 3 applies and which is required to be issued with an\nIAPP Certificate \u2014\n(a)\nshall maintain a list of equipment containing ozone depleting substances;\n(b) where the ship has rechargeable systems containing ozone-depleting\nsubstances then there shall be maintained on board an \u201cOzone Depleting\nSubstances Record Book\u201d, which may form part of an existing log-book.\n33.\nEntries in the Ozone- Depleting Substances Record Book.\n33. Entries in the Ozone Depleting Substances Record Book shall be recorded in terms\nof mass (kg) of substance and shall be completed without delay on each occasion, in\nrespect of the following \u2014\n(a)\nrecharge, full or partial, of equipment containing ozone depleting\nsubstances;\n(b) repair or maintenance of equipment containing ozone depleting\nsubstances;\n(c)\ndischarge of ozone depleting substances to the atmosphere: \u2014\n(i)\ndeliberate; and\n\nRegulation 34\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 28\nSL 11 of 2013\nc\n\n(ii) non-deliberate;\n(d) discharge of ozone depleting substances to land-based reception\nfacilities; and\n(e)\nsupply of ozone depleting substances to the ship.\nDIVISION 2 \u2013 NITROGEN OXIDES (NOX)\n34.\nApplication to marine diesel engines\n34. Subject to regulations 35 and 38, this Division applies to \u2014\n(a)\na marine diesel engine with a power output of more than 130 kW\ninstalled on a ship; and\n(b) each such engine which undergoes a major conversion on or after 01\nJanuary 2000 date except where it is demonstrated to the satisfaction of\nthe Chief Executive Officer that such conversion is by way of an\nidentical replacement to the engine that is replacing it and is part of the\noriginal installation under subparagraph (a).\n35.\nExceptions and exclusions\n35. This Division does not apply to \u2014\n(a)\nemergency marine diesel engines, engines installed in lifeboats and any\ndevice or equipment intended to be used solely in case of emergency;\n(b) a marine diesel engine installed on a ship operating solely in Cayman\nIsland waters where such engine is subject to an alternative NOx control\nmeasure as prescribed by the Chief Executive Officer; or\n(c)\na marine diesel engine installed on a ship operating solely in Cayman\nIsland waters where \u2014\n(i)\nthe ship was constructed; or;\n(ii) the engine underwent a major conversion, prior to 19 May 2005.\n36.\nMajor conversion and application of standards thereto\n36. (1) For the purposes of this Division, major conversion means a modification, on\nor after 01 January 2000, of a marine diesel engine that has not already been\ncertified to the emission standards set out in regulation 37 and where \u2014\n(a)\nthe engine is replaced by a marine diesel engine or an additional marine\ndiesel engine is installed;\n(b) any substantial modification, as defined in the revised NOx Technical\nCode, is made to the engine; or\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 37\n\nc\nSL 11 of 2013\nPage 29\n\n(c)\nthe maximum continuous rating of the engine is increased by more than\n10% compared to the maximum continuous rating of the original\ncertification of the engine.\n(2) Subject to paragraphs (3) and (4), for a major conversion involving \u2014\n(a)\nthe replacement of a marine diesel engine with a non-identical marine\ndiesel engine; or\n(b) the installation of an additional marine diesel engine,\nthe standards in this Division in force at the time of replacement or addition of\nthe engine shall apply.\n(3) Subject to paragraph (4), with respect to replacement engines only, where, on\nor after 01 January 2016, it is not possible for such a replacement engine to\nmeet the standards set out in regulation 37(2)(c) (Tier III), then such a\nreplacement engine shall meet the standards set out in regulation 37(2)(b)\n(Tier II).\n(4) The inability, as referred to in paragraph (3), of a replacement engine to meet\nthe Tier III standards shall be determined in accordance with any guidelines\ndeveloped by the IMO which set forth the criteria as to when it is not possible\nfor the replacement engine to meet those standards.\n(5) A marine diesel engine which undergoes substantial modification as defined in\nthe NOx Technical Code or which has its maximum continuous rating\nincreased by more than 10% compared to the rating of the original certification\nof the engine, shall \u2014\n(a)\nwhen installed on a ship constructed prior to 01 January 2000 meet the\nTier I standards set out in regulation 37; and\n(b) when installed on a ship constructed on or after 01 January 2000 meet the\nstandards applicable under this Part which are in force at the time the\nship was constructed.\n37.\nEmission standards applicable to marine diesel engines\n37. (1) Subject to regulations 38 and 39, the operation of a marine diesel engine to\nwhich these Regulations apply and which is installed on a ship is prohibited\nexcept where the level of emission of nitrogen oxides, calculated as the total\nweighted emission of NO2 by such engine, is within the tiered limits set out in\nparagraph (2).\n(2) The tiered emission limits referred to in paragraph (1) are as follows, where n\nis the rated engine speed measured as crankshaft revolutions per minute \u2014\nTier I:\n(a)\nfor a ship constructed on or after 01 January 2000 and prior to 01\nJanuary 2011 \u2014\n\nRegulation 38\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 30\nSL 11 of 2013\nc\n\n(i)\n17.0 g\/kWh when n is less than 130 rpm;\n(ii) g\/kWh when n is 130 or more but less than 2000 rpm;\n(iii) 9.8g\/kWh when n is 2000 rpm or more;\nTier II:\n(b) for a ship constructed on or after 01 January 2011 \u2014\n(i)\n14.4 g\/kWh when n is less than 130 rpm;\n(ii) g\/kWh when n is 130 or more but less than 2000 rpm;\n(iii) 7.7g\/kWh when n is 2000 rpm or more;\nTier III:\n(c)\nfor a ship constructed on or after 01 January 2016 when operating in an\nemission control area \u2014\n(i)\n3.4 g\/kWh when n is less than 130 rpm;\n(ii) g\/kWh when n is 130 or more but less than 2000 rpm;\n(iii) 2.0g\/kWh when n is 2000 rpm or more,\nand when operating outside an emission control area, the emission limits shall\nbe in accordance with Tier II as set out in subparagraph (b).\n(3) The emission limits set out in paragraph (2) are subject to any subsequent\namendments to or replacements of Annex VI which may be implemented by\nthe IMO and as may be in effect in respect of the Islands;\n(4) Notwithstanding the provisions of paragraphs (1) and (2), the operation of a\nmarine diesel engine is permitted when either an exhaust gas cleaning system\nor any other equivalent method approved by the Chief Executive Officer in\naccordance with the NOx Technical Code, is applied to the engine to reduce\nonboard NOx emissions at least to the applicable limit specified in\nparagraph (2).\n38.\nNon-application of Tier III standards to certain ships\n38. Subject to any review undertaken by the IMO in accordance with regulation 13.10\nof Annex VI, the Tier III emission standards set out in regulation 37(2)(c) shall not\napply to a marine diesel engine installed on a ship \u2014\n(a)\nof less than 24 metres in length (L) when it has been specifically\ndesigned for, and is used solely, for recreational purposes; or\n(b) with a combined nameplate propulsion power of less than 750 kW if it is\ndemonstrated, to the satisfaction of the Chief Executive Officer, that the\nship cannot comply with the Tier III emission standards because of\ndesign or construction limitations of the ship.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 39\n\nc\nSL 11 of 2013\nPage 31\n\n39.\nEngines installed on a ship prior to 01 January 2000\n39. (1) A marine diesel engine with a power output of more than 5000 kW and a per\ncylinder displacement of 90 litres or more installed on a ship constructed on or\nafter 01 January 1990 but prior to 01 January 2000 shall comply with the Tier\nI emission standards set out in regulation 37(2)(a), provided that \u2014\n(a)\nan Approved Method for that engine has been certified to the satisfaction\nof the Chief Executive Officer and notification of such certification has\nbeen submitted to the IMO by the Chief Executive Officer;\n(b) compliance with this regulation shall be demonstrated by \u2014\n(i)\na survey, using the verification procedure specified in the Approved\nMethod file, confirming the installation of the certified Approved\nMethod, including an appropriate notation on the ship\u2019s IAPP\nCertificate regarding the presence of an Approved Method; or\n(ii) certification of the engine confirming that it operates within the\nlimits of the Tier I, Tier II or Tier III emission standards as the case\nmay be, together with an appropriate notation of the engine\ncertification being inserted in the ship\u2019s IAPP Certificate.\n(2) Paragraph (1) shall apply \u2014\n(a)\nno later than the first IAPP Certificate renewal survey that occurs 12\nmonths or more after the deposit of the notification to IMO required\nunder paragraph (1)(a); or\n(b) where it is demonstrated by the owner of the ship, to the satisfaction of\nthe Chief Executive Officer, that the Approved Method was not\ncommercially available then no later than the next IAPP Certificate\nannual survey of the ship that falls due after the Approved Method\nbecomes commercially available.\n(3) The IAPP Certificate issued to a ship referred to in paragraph (1) with respect\nto a marine diesel engine referred to in that paragraph shall, where this\nregulation applies to the engine, indicate that \u2014\n(a)\nan Approved Method has been applied pursuant to paragraph (1)(a);\n(b) the engine has been certified pursuant to paragraph (1)(b)(ii); or\n(c)\nan Approved Method does not exist or is not yet commercially available.\n40.\nCertification of an Approved Method\n40. The procedures for the Certification of an Approved Method referred to in\nregulation 39 shall be in accordance with chapter 7 of the NOx Technical Code and\nshall include verification by the designer of the base marine diesel engine to which\nthe Approved Method applies that \u2014\n\nRegulation 41\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 32\nSL 11 of 2013\nc\n\n(a)\nthe calculated effect of the Approved Method will not \u2014\n(i)\ndecrease the engine rating by more than 1.0%;\n(ii) increase fuel consumption by more than 2.0% as measured\naccording to the appropriate test cycle set forth in the NOx\nTechnical Code; or\n(iii) adversely affect engine durability or reliability; and\n(b) the cost of the Approved Method is not excessive, which shall be\ndetermined by a comparison of the amount of NOx reduced by the\nApproved Method to achieve the standard set forth in regulation 37(2)(a)\n(Tier I standards) and the cost of purchasing and installing such\nApproved Method.\n41.\nNOx Technical Code to apply for certification of an Approved Method\n41. (1) The NOx Technical Code shall be applied in the certification, testing and\nmeasurement procedures for the standards applicable to a marine diesel engine\nas set forth in this Division.\n(2) The procedures for determining NOx emissions as set out in the NOx\nTechnical Code shall be based on the normal operation of the marine diesel\nengine being tested.\n42.\nCost effectiveness of Approved Method\n42. The cost of an Approved Method shall not exceed 375 Special Drawing\nRights\/metric ton NOx calculated in accordance with the following Cost\nEffectiveness formula \u2014\nCe =\n(Cost of Approved Method 106)\n_____________________________________________________\nP (KW) . 0.768 . 6000 (hours\/years) . 5 years . \u2206NQx(g\/KWh)\n\nwhere Ce = Cost Effectiveness and P = Power in kW;\n43.\nDefeat devices and irrational emission control not permitted\n43. Defeat devices and irrational emission control strategies are not permitted but this\nshall not prevent the use of auxiliary control devices that are used to protect the\nengine or its ancillary equipment against operating conditions that could result in\ndamage or failure or that are used to facilitate the starting of the marine diesel\nengine.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 44\n\nc\nSL 11 of 2013\nPage 33\n\nDIVISION 3 \u2013 SULPHUR OXIDES (SOX)\n44.\nSulphur content of fuel oil \u2013 general\n44. Subject to regulation 45, the sulphur content of any fuel oil used on board ships\nshall not exceed the following limits: \u2014\n(a)\n4.50% m\/m prior to 1 January 2012;\n(b) 3.50% m\/m on and after 1 January 2012; and\n(c)\n0.50% m\/m on and after 1 January 2020,\nor such other values as may be specified under such conditions as may be\nprescribed by any subsequent amendments to or replacements of Annex VI\nwhich may be implemented by the IMO and as may be in effect in respect of\nthe Islands.\n45.\nSulphur content of fuel oil in Emission Control Areas\n45. The sulphur content of any fuel oil used on board a ship to which these Regulations\napply while operating in an Emission Control Area shall not exceed the following\nlimits within the time frames specified \u2014\n(a)\n1.50% m\/m prior to 1 July 2010;\n(b) 1.00% m\/m on and after 01 July 2010; and\n(c)\n0.10% m\/m on and after 1 July 2015,\nor such other values as may be specified under such conditions as may be\nprescribed by any subsequent amendments to or replacements of Annex VI\nwhich may be implemented by the IMO and as may be in effect in respect of\nthe Islands.\n46.\nFuel oil documentation by supplier\n46. The sulphur content of fuel oil referred to in regulations 44 and 45 shall be\ndocumented by its supplier as required by regulations 56(2) and 60(2).\n47.\nBlending of fuel oils to achieve sulphur content limits for operating in an\nEmission Control Area\n47. (1) Ships to which these Regulations apply using separate fuel oils to comply with\nregulation 45 and entering or leaving an Emission Control Area set forth in\nregulation 2 shall carry a written procedure showing how the fuel oil changeover is to be done, allowing sufficient time for the fuel oil service system to be\nfully flushed of all fuel oils exceeding the applicable sulphur content specified\nin regulation 45 prior to entry into an Emission Control Area.\n(2) The master of any ship using separate fuel oils to comply with regulation 45\nmust record \u2014\n\nRegulation 48\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 34\nSL 11 of 2013\nc\n\n(a)\nthe date, time and position of the ship when any fuel changeover\noperation is completed prior to entry into an Emission Control Area;\n(b) the date, time and position of the ship when any fuel changeover\noperation is commenced after exit from an Emission Control Area; and\n(c)\nthe volume in each tank at the time of the completion or commencement\nof each of the changeovers specified in subparagraphs (a) and (b).\n48.\nApplication of sulphur limits for new or changed Emission Control Areas\n48. Where an amendment in the designation of or an addition to an Emission Control\nArea enters into force then during the first twelve months immediately following,\nany ship to which these regulations apply operating in such an amended or\nadditional Area shall be exempt from the requirements of regulations 45 and 47 and\nfrom the requirements of regulation 46 insofar as they relate to regulation 45.\nDIVISION 4 \u2013VAPOUR EMISSION CONTROL\n49.\nFitting of vapour emission control systems on board ship\n49. (1) Any \u2014\n(a)\nCayman Islands ship; or\n(b) other ship registered or entitled to be registered in a Convention country,\nwhilst in Cayman waters,\nwhich is subject to vapour emission control within a port or terminal notified\nto the IMO pursuant to regulation 15.2 of MARPOL Annex VI shall be\nprovided with a vapour collection system approved by or on behalf of a\nConvention country taking into account any safety standards developed by\nthe IMO.\n(2) With respect to a gas carrier, as defined in the IGC Code, this regulation shall\napply only when the type of unloading and containment system on the tanker\nallows for the safe retention of non-methane volatile organic compounds on\nboard or their safe return ashore.\n50.\nVolatile Organic Compound Control Management Plan\n50. (1) A Cayman Islands tanker carrying crude oil shall have on board and\nimplement a Volatile Organic Compound (VOC) Control Management Plan\napproved by the Chief Executive Officer or a person so authorised by him for\nthe purpose.\n(2) The VOC Management Plan referred to in paragraph (1) shall \u2014\n(a)\nbe prepared taking into account the guidelines developed by the IMO;\n(b) be ship specific;\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 51\n\nc\nSL 11 of 2013\nPage 35\n\n(c)\ngive consideration to the additional Volatile Organic Compounds-\n(VOCs) generated by Crude Oil Washing of the cargo tanks;\n(d) provide written procedures for minimising VOC emissions during the\nloading, sea passage and discharge of cargo; and\n(e)\nidentify a person responsible for implementing the plan.\n(3) The Plan shall be written in English but where \u2014\n(a)\nthe ship is engaged on international voyages; and\n(b) English is not a language readily understood by personnel on board,\nthe owner shall provide an accurate translation of the text of the Plan into a\nlanguage understood by those serving on board.\nPART V\u2013 SHIPBOARD INCINERATION\n51.\nShipboard incineration and installation and use of incinerators\n51. (1) Subject to paragraph (7) shipboard incineration shall be allowed only in a\nshipboard incinerator approved for the purpose.\n(2) Subject to paragraph (6), each incinerator installed on board a Cayman Islands\nship on or after 01 January 2000 shall meet the requirements set out in\nSchedule 1 and shall be approved by or on behalf of a Convention country,\ntaking into account the standard specification for shipboard incinerators\ndeveloped by the IMO.\n(3) Subject to regulation 55(b), the owner of a ship on which a shipboard\nincinerator was installed on or after 01 January 2000 shall, on demand,\ndemonstrate to a surveyor that the incinerator has been approved in accordance\nwith paragraph (1).\n(4) An incinerator installed in accordance with the requirements of this regulation\nshall be provided with a manufacturer\u2019s operating manual which is to be\nretained with the unit and which shall specify how to operate the incinerator\nwithin the limits specified in Schedule 1.\n(5) Personnel responsible for the operation of an incinerator installed under this\nPart shall be trained to implement the guidance provided in the manufacturer\u2019s\noperating manual required under paragraph (4).\n(6) An incinerator installed on a Cayman Islands ship prior to 19 May 2005 need\nnot comply with the provisions of paragraph (2) where the ship is operating\nsolely in Cayman Island waters.\n(7) Shipboard incineration of sewage sludge and sludge oil generated during the\nnormal operation of the ship may also take place in the main or auxiliary\n\nRegulation 52\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 36\nSL 11 of 2013\nc\n\npower plant or the boilers of the ship, but in such cases such incineration shall\nnot take place inside ports and harbours and estuaries.\n52.\nProhibition on the incineration of certain substances\n52. (1) Shipboard incineration of the following substances is prohibited \u2014\n(a)\nresidues of cargoes subject to Annex I, II or III of MARPOL, or any\nrelated contaminated packing material;\n(b) polychlorinated biphenyls (PCBs);\n(c)\ngarbage, as defined by Annex V of MARPOL, which contains more than\ntraces of heavy metals;\n(d) refined petroleum products containing halogen compounds;\n(e)\nsewage sludge and sludge oil either of which is not generated on board\nthe ship; and\n(f)\nexhaust gas cleaning system residues.\n(2) The shipboard incineration of polyvinyl chlorides (PVCs) is prohibited except\nin a shipboard incinerator for which in IMO type approval certificate has been\nissued in accordance with IMO Resolution MEPC.59(33) or MEPC.76 (40), as\nmay be amended or replaced from time to time and with Schedule 1.\n53.\nProhibition on the use of shipboard incinerators whilst in Cayman ports or\nharbours etc.\n53. (1) Subject to paragraph (2), shipboard incineration is prohibited on any ship\nwhilst in any port, harbour, bay or anchorage around the coasts of the Cayman\nIslands.\n(2) Should a ship be delayed due to unforeseen circumstances beyond the control\nof the master for an extended period in any port, harbour, bay or anchorage\naround the coasts of the Cayman Islands such that the amount of accumulated\nship generated garbage on board presents a potential health hazard, the master\nof the ship may make application in writing to the Port Authority for\nauthorisation to use the shipboard incinerator to the extent necessary and the\nPort Authority may issue, on whatever terms and conditions it sees fit, such an\nauthorisation.\n(3) Where the use of any shipboard incinerator is authorised under this regulation\nthen such use shall be in strict compliance with the terms and conditions\ncontained in the authorisation.\n(4) Any breach of this regulation or of the terms of any authorisation issued\nhereunder shall constitute an offence by the master.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 54\n\nc\nSL 11 of 2013\nPage 37\n\n54.\nCombustion chamber temperatures\n54. (1) For any incinerator installed in accordance with the requirements of this Part,\nthe combustion chamber gas outlet temperature should be monitored at all\ntimes the unit is in operation.\n(2) Where the incinerator is of the continuous feeding type, wastes shall not be fed\ninto the unit when the combustion chamber gas outlet temperature is\nbelow 850\u00b0C.\n(3) Where an incinerator referred to in paragraph (2) is of the batch-loaded type,\nthe unit shall be designed so that the combustion chamber gas outlet\ntemperature shall reach 600\u00b0C within 5 minutes after start-up and will\nthereafter stabilise at a temperature of not less than 850\u00b0C.\n55.\nPreservation of the London Convention\n55. Nothing in these Regulations shall \u2014\n(a)\naffect the prohibition in, or other requirements of, the Convention on the\nPrevention of Marine Pollution by Dumping of Wastes and Other Matter,\n1972, as amended, and the 1996 Protocol thereto; or\n(b) preclude the development, installation and operation of alternative design\nshipboard thermal waste treatment devices that meet or exceed the\nrequirements for incinerators set out in this Part to the satisfaction of the\nChief Executive Officer.\nPART VI\u2013 FUEL OIL AVAILABILITY AND QUALITY\n56.\nNon-application to certain fuels\n56. (1) Subject to paragraph (2), this Part does not apply to \u2014\n(a)\ncoal in its solid form;\n(b) nuclear fuels; or\n(c)\ngas fuels such as Liquefied Natural Gas, Compressed Natural Gas or\nLiquefied Petroleum Gas;\n(2) The sulphur content of gas fuels delivered to a ship to which these Regulations\napply shall be documented by the supplier.\n57.\nFuel Oil Quality\n57. (1) Subject to regulation 58, fuel oil for combustion purposes delivered to and\nused on board ships to which these regulations apply shall meet the\nrequirements set out in paragraph (2).\n(2) The fuel oil shall \u2014\n\nRegulation 58\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 38\nSL 11 of 2013\nc\n\n(a)\nbe blends of hydrocarbons derived from petroleum refining but this shall\nnot preclude the incorporation of small amounts of additives intended to\nimprove some aspects of performance;\n(b) be free from inorganic acid; and\n(c)\nnot include any added substance or chemical waste which \u2014\n(i)\njeopardizes the safety of ships or adversely affects the performance\nof the machinery;\n(ii) is harmful to personnel; or\n(iii) contributes overall to additional air pollution.\n58.\nFuel oil derived by methods other than petroleum refining\n58. Fuel oil for combustion purposes derived by methods other than petroleum refining\nshall not \u2014\n(a)\nexceed the applicable sulphur content set forth in regulations 44 and 45;\n(b) cause an engine to exceed the applicable NOx emission limit set forth in\nregulation 37(2);\n(c)\ncontain inorganic acid;\n(d) jeopardize the safety of ships or adversely affect the performance of the\nmachinery;\n(e)\nbe harmful to personnel; or\n(f)\ncontribute overall to additional air pollution.\n59.\nMaster to ensure compliant fuel is used on board ship.\n59. Subject to regulation 60, the master of a ship to which these Regulations apply shall\nensure that fuel oil on board used, or intended to be used, for combustion purposes\nmeets the requirements of regulation 57 or 58 as appropriate.\n60.\nAction in the event of non-compliance regarding fuel oil\n60. (1) This regulation applies to any Cayman Islands ship wherever it may be and\nany other ship in Cayman lslands waters, other than a platform in transit, to\nwhich these Regulations apply.\n(2) Where a ship is unable to purchase fuel which meets the relevant requirements\nof these Regulations, the master or owner shall notify the Chief Executive\nOfficer as soon as possible and shall also notify the Port State authorities at the\nship\u2019s port of destination.\n(3) Where it is established that a ship referred to in paragraph (1) is not in\ncompliance with the fuel oil standards set out in these Regulations, the ship\nmay be required to provide to the Chief Executive Officer or an officer\nreferred to in regulation 21(1) \u2014\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 61\n\nc\nSL 11 of 2013\nPage 39\n\n(a)\na record of the actions taken by the ship in its efforts to achieve\ncompliance; and\n(b) evidence that \u2014\n(i)\nattempts were made to purchase compliant fuel oil for the ship in\naccordance with its voyage plan but such fuel was not available\nwithin the planned voyage; and\n(ii) where compliant fuel oil was not available within the ports or\nterminals covered in the voyage plan, best efforts were made to\nlocate alternative sources of compliant fuel oil without success.\n(4) Where a ship provides the information set out in paragraph (3), the Chief\nExecutive Officer shall take into account all relevant circumstances and the\nevidence provided in determining what action, if any, should be taken with\nrespect to the ship.\n(5) The ship should not be required to deviate from its intended voyage or to delay\nunduly the voyage in order to achieve compliance with respect to fuel oil.\n(6) The Chief Executive Officer shall notify the IMO of each occasion when a\nship to which this regulation applies has presented evidence of the nonavailability of compliant fuel oil.\n61.\nBunker Delivery Note and fuel oil sample\n61. (1) This regulation applies in relation to \u2014\n(a)\nany Cayman Islands ship, wherever it may be, which is required to hold\nan IAPP Certificate;\n(b) any other ship which is required to hold an IAPP certificate whilst it is in\nCayman waters, other than a platform in transit; and\n(c)\nany supplier within the Cayman Islands of fuel oil to any ship to which\nthis Part applies.\n(2) Where a supplier of fuel oil delivers fuel oil to which this Part applies for\ncombustion purposes to any ship referred to in paragraph (1), that supplier\nshall \u2014\n(a)\nprovide the ship with a Bunker Delivery Note that is signed and certified\nby the fuel oil supplier in accordance with the provisions of Schedule 2;\n(b) retain a copy of the Bunker Delivery Note for a minimum period of three\nyears from the date of delivery of the fuel oil and, where required in\naccordance with regulation 62, make this copy available for inspection by\nthe Chief Executive Officer or a person authorised by him; and\n(c)\nprovide a representative sample of the fuel oil delivered to the ship to\naccompany the bunker delivery note which shall \u2014\n\nRegulation 62\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 40\nSL 11 of 2013\nc\n\n(i)\nbe collected in accordance with any guidelines developed by the\nIMO; and\n(ii) on completion of the bunkering operation be sealed and signed by a\nfuel oil supplier representative and the master or officer in charge of\nthe bunkering operation on board the ship.\n(3) The master of a ship which receives fuel oil to which these Regulations apply\nfrom a fuel oil supplier anywhere shall retain on board, for a period of at least\nthree years and so as to be readily available for inspection at all reasonable\ntimes, the Bunker Delivery Note required by this regulation.\n(4) The master of a ship which receives fuel oil to which these Regulations apply\nfrom a fuel oil supplier anywhere shall retain on board under the control of the\nship the sample of fuel oil referred to in paragraph (2)(c) until the fuel oil to\nwhich it pertains has been substantially consumed or for a period of twelve\nmonths, whichever first occurs.\n(5) The sample of fuel oil referred to in paragraph (4) shall be produced on\ndemand, at all reasonable times, during the period in which it has to be\nretained, to a surveyor or officer authorised under regulation 21 (1).\n62.\nRegistration of fuel oil suppliers in the Cayman Islands\n62. (1) In addition to meeting the requirements of regulation 61(2), a supplier of fuel\noil within the Cayman Islands who delivers fuel oil to which these Regulations\napply for combustion purposes to any ship referred to in regulation 61(1) shall\nregister with the Maritime Authority or any other such Cayman Islands\nGovernment Department as may be agreed between the Chief Executive\nOfficer and that other Department, by submitting annually an annual\ndeclaration in a form specified by the Chief Executive Officer.\n(2) The initial declaration referred to in paragraph (1) shall be made within three\nmonths of the date upon which these Regulations enter into force and\nthereafter annually within three months of the date of submission of the initial\ndeclaration and any Cayman Islands supplier who fails to submit such\ndeclaration within the timeframe required will be deemed to be no longer\ndelivering fuel oil to ships to which these Regulations apply and will be\nremoved from the register and shall not engage in the delivery of fuel oil to\nships.\n(3) No person shall supply a ship to which these Regulations apply with fuel oil\nfrom within the Cayman Islands that does not comply with the applicable\nrequirements of these Regulations.\n(4) The Chief Executive Officer shall inform the IMO of all cases where the fuel\noil suppliers have failed to meet the requirements with respect to fuel oil set\nout in these Regulations.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 63\n\nc\nSL 11 of 2013\nPage 41\n\n63.\nInspection of Bunker Delivery Note and analysis of fuel sample.\n63. (1) A Bunker Delivery Note \u2014\n(a)\nrequired under regulation 61(2)(a); or\n(b) issued by a fuel oil supplier outside the Islands to \u2014\n(i)\na Cayman Islands ship; or\n(ii) any other ship while it is in Cayman waters,\nshall be produced for inspection at all reasonable times when so required by a\nsurveyor or other person appointed to undertake inspections in accordance\nwith regulation 21(1), and a copy thereof may be required.\n(2) The Chief Executive Officer may require a sample of fuel oil required retained\nunder regulation 61(2)(c) to be analysed in accordance with the procedures set\nout in Appendix VI to Annex VI.\n(3) The inspection of Bunker Delivery Notes or the taking of copies thereof and\nthe analysis of fuel oil samples shall be performed as expeditiously as possible\nwithout causing undue delay to the ship.\n64.\nAction where non-compliant fuel is found on board ship\n64. With respect to Port State Control inspections within Cayman Islands waters of\nships to which these Regulations apply, where it is discovered that a ship has on\nboard non-compliant fuel oil, the Chief Executive Officer shall \u2014\n(a)\ninform the State under whose jurisdiction the relevant Bunker Delivery\nNote was issued, giving all relevant information; and\n(b) ensure that appropriate remedial action is taken to bring the noncompliant fuel oil into compliance.\n65.\nArrangements for ships on scheduled services\n65. Where a Cayman Islands ship, other than a platform, of 400 gross tonnage or more\nis on a scheduled service or services with frequent and regular port calls, the Chief\nExecutive Officer may, in consultation with the relevant Port States, permit an\nalternative arrangement with respect to the retention on board of the Bunker\nDelivery Note provided that such arrangement gives a similar certainty of\ncompliance with regulations 44 and 45 and with regulations 57, 58 and 61.\n66.\nPromotion of the availability of compliant fuel oil\n66. The Chief Executive Officer, or a person authorised by him, shall \u2014\n(a)\ntake all reasonable steps, including liaison as appropriate with other\nrelevant Government departments and fuel oil suppliers, to promote the\navailability in the Cayman Islands of fuel oils which comply with these\nregulations; and\n\nRegulation 67\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 42\nSL 11 of 2013\nc\n\n(b) inform the IMO of the availability of compliant fuel oils in Cayman\nIslands ports and terminals.\nPART VII \u2013 OFFENCES AND ENFORCEMENT\n67.\nOffences-general\n67. Subject to the provisions of this Part, any contraventions of the provisions of the\nRegulations contained in the first column of the Table shall constitute an offence by\nthe person indicated in the second column for which that person shall be liable to\nthe fine indicated in the third column of the Table \u2014\n\nREGULATION\nOFFENCE BY\nLIABLE TO FINE OF ($)\n5(1).\nOwner and master.\n50,000.\n6(1).\nOwner and master.\n50,000.\n7(1).\nOwner and master.\n35,000.\n8(1).\nOwner and master.\n40,000.\n9(1).\nOwner and master.\n50,000.\n9(2).\nOwner and master.\n35,000.\n9(3) and (4).\nOwner and master.\n35,000.\n10(2).\nOwner and master.\n50,000.\n16(3).\nOwner and master.\n50,000.\n17(5).\nOwner.\n40,000.\n19(2).\nOwner and master.\n25,000.\n19(3).\nPerson committing\nthe offence.\n35.000.\n19(4).\nOwner and master.\n20,000.\n20(1).\nOwner and master.\n50,000.\n20(2).\nOwner and master.\n50,000.\n30(1)\nMaster.\n50,000.\n31(1).\nOwner and master.\n40,000.\n31(2).\nOwner and master.\n40,000.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 67\n\nc\nSL 11 of 2013\nPage 43\n\nREGULATION\nOFFENCE BY\nLIABLE TO FINE OF ($)\n32.\nOwner and master.\n20.000.\n33.\nOwner and master.\n20,000.\n37(1).\nOwner and master.\n50,000.\n44.\nMaster.\n30,000.\n45.\nMaster.\n40,000.\n47(1).\nOwner and master.\n35,000.\n47(2).\nOwner and master.\n40,000.\n49(1).\nOwner and master.\n40,000.\n50(1).\nOwner and master.\n30,000.\n50(3).\nOwner and master.\n30,000.\n51(1).\nOwner and master.\n50,000.\n51(3).\nOwner.\n50,000.\n51(4).\nMaster.\n25,000\n51(5).\nMaster.\n35,000.\n51(7).\nMaster.\n40,000.\n52(1).\nMaster.\n40,000.\n52(2).\nMaster.\n40,000.\n53(1)\nMaster\n30,000\n53(3)\nMaster\n30,000\n54(1).\nMaster.\n25,000.\n54(2).\nMaster.\n25,000.\n54(3).\nMaster.\n25,000.\n59.\nMaster.\n50,000.\n60(2).\nOwner and master.\n30,000.\n60(3).\nOwner and master.\n30,000.\n61(2).\nFuel oil supplier.\n40,000.\n\nRegulation 68\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 44\nSL 11 of 2013\nc\n\nREGULATION\nOFFENCE BY\nLIABLE TO FINE OF ($)\n61(3).\nMaster.\n40,000.\n61(4).\nMaster.\n40,000.\n61(5).\nMaster.\n40,000.\n62(1).\nFuel oil supplier.\n40,000.\n62(2).\nFuel oil supplier.\n25,000.\n62(3).\nFuel oil supplier.\n50,000.\n63(1).\nMaster and fuel oil\nsupplier.\n35,000.\n\n68.\nFalse declaration on Bunker Delivery Note\n68. If a fuel oil supplier or his representative makes a false declaration in the Bunker\nDelivery Note he commits an offence punishable on summary conviction by a fine\nof fifty thousand dollars.\n69.\nOther persons party to the commission of an offence\n69. Notwithstanding the provisions of regulation 67, where it is proven that any other\nperson is knowingly party to the commission of an offence then that person also\ncommits the offence.\n70.\nAct or default of other persons\n70. Where an offence under these Regulations is committed, or would have been\ncommitted save for the operation of regulation 71, by any person due to the act or\ndefault of some other person, that other person has also committed the offence, and\na person may be charged with and convicted of an offence by virtue of this\nregulation whether or not proceedings are taken against the first mentioned person.\n71.\nDefence\n71. It shall be a defence for a person charged under these Regulations to show that they\ntook all reasonable precautions and exercised all due diligence to avoid the\ncommission of the offence.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nRegulation 72\n\nc\nSL 11 of 2013\nPage 45\n\n72.\nOffences by officers of bodies corporate\n72. (1) Where a body corporate is guilty of an offence under these Regulations that\noffence is proved to have been committed with the consent or connivance of,\nor to be attributable to any neglect on the part of, any director, manager,\nsecretary or other similar officer of the body corporate or any person who was\npurporting to act in any such capacity, he as well as the body corporate are\nguilty of an offence and liable to be proceeded against accordingly.\n(2) Where the affairs of a body corporate are managed by its members, paragraph\n(1) shall apply in relation to the acts and defaults of a member in connection\nwith its functions of management as if he were a director of the body\ncorporate.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 1\n\nc\nSL 11 of 2013\nPage 47\n\n SCHEDULE 1\nTYPE APPROVAL AND OPERATING LIMITS FOR SHIPBOARD\nINCINERATORS\n(Part V)\n1.\nShipboard incinerators described in Part V shall possess an International Maritime\nOrganization (IMO) type approval certificate for each incinerator. In order to obtain\nsuch certificate, the incinerator shall be designed and built to an approved standard\nas described in Part V. Each model shall be subject to a specified type approval test\noperation at the factory or an approved test facility acceptable to the Chief\nExecutive Officer, using the following standard fuel\/waste specification for the type\napproval test for determining whether the incinerator operates within the limits\nspecified in paragraph 2 \u2014\nI. SLUDGE OIL CONSISTING OF \u2014\n(a)\n75% sludge oil from HFO;\n(b) 5% waste lubricating oil; and\n(c)\n20% emulsified water\nII. SOLID WASTE CONSISTING OF \u2014\n(a)\n50% food waste; and\n(b) 50% rubbish containing \u2014\n(i)\nApprox. 30% paper;\n(ii) Approx. 40% cardboard;\n(iii) Approx. 10% rags;\n(iv) Approx. 20% plastic, and\n(c)\nthe mixture will have up to 50% moisture and 7% incombustible solids.\n2.\nShipboard incinerators installed on or after 1st January 2000 shall operate within the\nfollowing limits-\n(a)\nO2 in combustion chamber:\n6% - 12%\n(b)\nCO in flue gas maximum\naverage:\n200 mg\/MJ\n(c)\nSoot\nnumber\nmaximum\naverage:\nBacharach 3 or Ringelman 1 (20%\nopacity) (A higher soot number is\nacceptable only during\nvery\nshort\nperiods such as starting up)\n\nSCHEDULE 1\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 48\nSL 11 of 2013\nc\n\n(d)\nUnburned components in\nash residues: maximum\n10% by weight.\n(e)\nCombustion chamber flue\ngas\noutlet\ntemperature\nrange:\n850\u00b0-1200\u00b0 centigrade\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 2\n\nc\nSL 11 of 2013\nPage 49\n\nSCHEDULE 2\nINFORMATION TO BE INCLUDED IN A BUNKER DELIVERY NOTE\n(Regulation 61)\n1.\nName and IMO number of receiving ship.\n2.\nPort.\n3.\nDate of commencement of delivery.\n4.\nName, address and telephone number of fuel oil supplier.\n5.\nProduct name.\n6.\nQuantity in metric tons.\n7.\nDensity at 15\u00b0 (kg\/m3) where the fuel has been tested in accordance with ISO\n3675:19981 or ISO 12185:1996.\n8.\nSulphur content (%m\/m) where the fuel has been tested in accordance with ISO\n8754:20032.\n9.\nA declaration signed and certified by the fuel oil supplier that the fuel oil is in\ncompliance with the applicable paragraph of regulation 14.1 or 14.4 and regulation\n18 of Annex VI.\n\n1 ISO Standard \u2013 Crude Petroleum and Liquid Petroleum Products \u2013 Laboratory\nDetermination of Density \u2013 Hydrometer Method: ISO Publication: ISBN 0-580-38570-1.\n2 ISO Standard \u2013 Petroleum Products \u2013 Determination of Sulphur Content \u2013 Energy\nDispersive X-Ray Fluorescence Spectrometry: ISO Publication: ISBN 0-580-42400-6.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 50\nSL 11 of 2013\nc\n\nSCHEDULE 3\nEMISSION CONTROL AREAS\n(Regulation 2)\n1.\nThe emission control area for the Baltic Sea and North Sea comprises \u2014\n(a)\nthe Baltic Sea proper with the Gulf of Bothnia, the Gulf of\nFinland and the entrance to the Baltic Sea bounded by the parallel of the Skaw\nin the Skagerrak at latitude 57\u00b0 44.8\u00b4 N;\n(b) the North Sea being all sea areas within the following boundaries\nincluding the North Sea proper and the English Channel and its\napproaches \u2014\n(i)\nthe North Sea southwards of latitude 62\u00b0N and eastwards of\nlongitude 4\u00b0W;\n(ii) the Skagerrak, the southern limit of which is determined east of the\nSkaw by latitude 57\u00b0 44.8\u00b4N; and\n(iii) the English Channel and its approaches eastwards of longitude 5\u00b0W\nand northwards of latitude 48\u00b030\u00b4N.\n2.\nThe emission control area for North America comprises \u2014\n(a)\nthe sea area located off the Pacific coasts of the United States and\nCanada, enclosed by geodesic lines connecting the following\ncoordinates-\nPoint\nLatitude\nLongitude\n1\n32\u00ba 32. 10. N.\n117\u00ba 06. 11. W.\n2\n32\u00ba 32. 04. N.\n117\u00ba 07. 29. W.\n3\n32\u00ba 31. 39. N.\n117\u00ba 14. 20. W.\n4\n32\u00ba 33. 13. N.\n117\u00ba 15. 50. W.\n5\n32\u00ba 34. 21. N.\n117\u00ba 22. 01. W.\n6\n32\u00ba 35. 23. N.\n117\u00ba 27. 53. W.\n7\n32\u00ba 37. 38. N.\n117\u00ba 49. 34. W.\n8\n31\u00ba 07. 59. N.\n118\u00ba 36. 21. W.\n9\n30\u00ba 33. 25. N.\n121\u00ba 47. 29. W.\n10\n31\u00ba 46. 11. N.\n123\u00ba 17. 22. W.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 3\n\nc\nSL 11 of 2013\nPage 51\n\nPoint\nLatitude\nLongitude\n11\n32\u00ba 21. 58. N.\n123\u00ba 50. 44. W.\n12\n32\u00ba 56. 39. N.\n124\u00ba 11. 47. W.\n13\n33\u00ba 40. 12. N.\n124\u00ba 27. 15. W.\n14\n34\u00ba 31. 28. N.\n125\u00ba 16. 52. W.\n15\n35\u00ba 14. 38. N.\n125\u00ba 43. 23. W.\n16\n35\u00ba 43. 60. N.\n126\u00ba 18. 53. W.\n17\n36\u00ba 16. 25. N.\n126\u00ba 45. 30. W.\n18\n37\u00ba 01. 35. N.\n127\u00ba 07. 18. W.\n19\n37\u00ba 45. 39. N.\n127\u00ba 38. 02. W.\n20\n38\u00ba 25. 08. N.\n127\u00ba 52. 60. W.\n21\n39\u00ba 25. 05. N.\n128\u00ba 31. 23. W.\n22\n40\u00ba 18. 47. N.\n128\u00ba 45. 46. W.\n23\n41\u00ba 13. 39. N.\n128\u00ba 40. 22. W.\n24\n42\u00ba 12. 49. N.\n129\u00ba 00. 38. W.\n25\n42\u00ba 47. 34. N.\n129\u00ba 05. 42. W.\n26\n43\u00ba 26. 22. N.\n129\u00ba 01. 26. W.\n27\n44\u00ba 24. 43. N.\n128\u00ba 41. 23. W.\n28\n45\u00ba 30. 43. N.\n128\u00ba 40. 02. W.\n29\n46\u00ba 11. 01. N.\n128\u00ba 49. 01. W.\n30\n46\u00ba 33. 55. N.\n129\u00ba 04. 29. W.\n31\n47\u00ba 39. 55. N.\n131\u00ba 15. 41. W.\n32\n48\u00ba 32. 32. N.\n132\u00ba 41. 00. W.\n33\n48\u00ba 57. 47. N.\n133\u00ba 14. 47. W.\n34\n49\u00ba 22. 39. N.\n134\u00ba 15. 51. W.\n35\n50\u00ba 01. 52. N.\n135\u00ba 19. 01. W.\n36\n51\u00ba 03. 18. N.\n136\u00ba 45. 45. W.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 52\nSL 11 of 2013\nc\n\nPoint\nLatitude\nLongitude\n37\n51\u00ba 54. 04. N.\n137\u00ba 41. 54. W.\n38\n52\u00ba 45. 12. N.\n138\u00ba 20. 14. W.\n39\n53\u00ba 29. 20. N.\n138\u00ba 40. 36. W.\n40\n53\u00ba 40. 39. N.\n138\u00ba 48. 53. W.\n41\n54\u00ba 13. 45. N.\n139\u00ba 32. 38. W.\n42\n54\u00ba 39. 25. N.\n139\u00ba 56. 19. W.\n43\n55\u00ba 20. 18. N.\n140\u00ba 55. 45. W.\n44\n56\u00ba 07. 12. N.\n141\u00ba 36. 18. W.\n45\n56\u00ba 28. 32. N.\n142\u00ba 17. 19. W.\n46\n56\u00ba 37. 19. N.\n142\u00ba 48. 57. W.\n47\n58\u00ba 51. 04. N.\n153\u00ba 15. 03. W.\n(b) the sea areas located off the Atlantic coasts of the United States, Canada,\nand France (Saint-Pierre-et-Miquelon) and the Gulf of Mexico coast of\nthe United States enclosed by geodesic lines connecting the following\ncoordinates \u2014\n\nPoint\nLatitude\nLongitude\n1\n60\u00ba 00. 00. N.\n64\u00ba 09. 36. W.\n2\n60\u00ba 00. 00. N.\n56\u00ba 43. 00. W.\n3\n58\u00ba 54. 01. N.\n55\u00ba 38. 05. W.\n4\n57\u00ba 50. 52. N.\n55\u00ba 03. 47. W.\n5\n57\u00ba 35. 13. N.\n54\u00ba 00. 59. W.\n6\n57\u00ba 14. 20. N.\n53\u00ba 07. 58. W.\n7\n56\u00ba 48. 09. N.\n52\u00ba 23. 29. W.\n8\n56\u00ba 18. 13. N.\n51\u00ba 49. 42. W.\n9\n54\u00ba 23. 21. N.\n50\u00ba 17. 44. W.\n10\n53\u00ba 44. 54. N.\n50\u00ba 07. 17. W.\n11\n53\u00ba 04. 59. N.\n50\u00ba 10. 05. W.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 3\n\nc\nSL 11 of 2013\nPage 53\n\nPoint\nLatitude\nLongitude\n12\n52\u00ba 20. 06. N.\n49\u00ba 57. 09. W.\n13\n51\u00ba 34. 20. N.\n48\u00ba 52. 45. W.\n14\n50\u00ba 40. 15. N.\n48\u00ba 16. 04. W.\n15\n50\u00ba 02. 28. N.\n48\u00ba 07. 03. W.\n16\n49\u00ba 24. 03. N.\n48\u00ba 09. 35. W.\n17\n48\u00ba 39. 22. N.\n47\u00ba 55. 17. W.\n18\n47\u00ba 24. 25. N.\n47\u00ba 46. 56. W.\n19\n46\u00ba 35. 12. N.\n48\u00ba 00. 54. W.\n20\n45\u00ba 19. 45. N.\n48\u00ba 43. 28. W.\n21\n44\u00ba 43. 38. N.\n49\u00ba 16. 50. W.\n22\n44\u00ba 16. 38. N.\n49\u00ba 51. 23. W.\n23\n43\u00ba 53. 15. N.\n50\u00ba 34. 01. W.\n24\n43\u00ba 36. 06. N.\n51\u00ba 20. 41. W.\n25\n43\u00ba 23. 59. N.\n52\u00ba 17. 22. W.\n26\n43\u00ba 19. 50. N.\n53\u00ba 20. 13. W.\n27\n43\u00ba 21. 14. N.\n54\u00ba 09. 20. W.\n28\n43\u00ba 29. 41. N.\n55\u00ba 07. 41. W.\n29\n42\u00ba 40. 12. N.\n55\u00ba 31. 44. W.\n30\n41\u00ba 58. 19. N.\n56\u00ba 09. 34. W.\n31\n41\u00ba 20. 21. N.\n57\u00ba 05. 13. W.\n32\n40\u00ba 55. 34. N.\n58\u00ba 02. 55. W.\n33\n40\u00ba 41. 38. N.\n59\u00ba 05. 18. W.\n34\n40\u00ba 38. 33. N.\n60\u00ba 12. 20. W.\n35\n40\u00ba 45. 46. N.\n61\u00ba 14. 03. W.\n36\n41\u00ba 04. 52. N.\n62\u00ba 17. 49. W.\n37\n40\u00ba 36. 55. N.\n63\u00ba 10. 49. W.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 54\nSL 11 of 2013\nc\n\nPoint\nLatitude\nLongitude\n38\n40\u00ba 17. 32. N.\n64\u00ba 08. 37. W.\n39\n40\u00ba 07. 46. N.\n64\u00ba 59. 31. W.\n40\n40\u00ba 05. 44. N.\n65\u00ba 53. 07. W.\n41\n39\u00ba 58. 05. N.\n65\u00ba 59. 51. W.\n42\n39\u00ba 28. 24. N.\n66\u00ba 21. 14. W.\n43\n39\u00ba 01. 54. N.\n66\u00ba 48. 33. W.\n44\n38\u00ba 39. 16. N.\n67\u00ba 20. 59. W.\n45\n38\u00ba 19. 20. N.\n68\u00ba 02. 01. W.\n46\n38\u00ba 05. 29. N.\n68\u00ba 46. 55. W.\n47\n37\u00ba 58. 14. N.\n69\u00ba 34. 07. W.\n48\n37\u00ba 57. 47. N.\n70\u00ba 24. 09. W.\n49\n37\u00ba 52. 46. N.\n70\u00ba 37. 50. W.\n50\n37\u00ba 18. 37. N.\n71\u00ba 08. 33. W.\n51\n36\u00ba 32. 25. N.\n71\u00ba 33. 59. W.\n52\n35\u00ba 34. 58. N.\n71\u00ba 26. 02. W.\n53\n34\u00ba 33. 10. N.\n71\u00ba 37. 04. W.\n54\n33\u00ba 54. 49. N.\n71\u00ba 52. 35. W.\n55\n33\u00ba 19. 23. N.\n72\u00ba 17. 12. W.\n56\n32\u00ba 45. 31. N.\n72\u00ba 54. 05. W.\n57\n31\u00ba 55. 13. N.\n74\u00ba 12. 02. W.\n58\n31\u00ba 27. 14. N.\n75\u00ba 15. 20. W.\n59\n31\u00ba 03. 16. N.\n75\u00ba 51. 18. W.\n60\n30\u00ba 45. 42. N.\n76\u00ba 31. 38. W.\n61\n30\u00ba 12. 48. N.\n77\u00ba 18. 29. W.\n62\n29\u00ba 25. 17. N.\n76\u00ba 56. 42. W.\n63\n28\u00ba 36. 59. N.\n76\u00ba 47. 60. W.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 3\n\nc\nSL 11 of 2013\nPage 55\n\nPoint\nLatitude\nLongitude\n64\n28\u00ba 17. 13. N.\n76\u00ba 40. 10. W.\n65\n28\u00ba 17. 12. N.\n79\u00ba 11. 23. W.\n66\n27\u00ba 52. 56. N.\n79\u00ba 28. 35. W.\n67\n27\u00ba 26. 01. N.\n79\u00ba 31. 38. W.\n68\n27\u00ba 16. 13. N.\n79\u00ba 34. 18. W.\n69\n27\u00ba 11. 54. N.\n79\u00ba 34. 56. W.\n70\n27\u00ba 05. 59. N.\n79\u00ba 35. 19. W.\n71\n27\u00ba 00. 28. N.\n79\u00ba 35. 17. W.\n72\n26\u00ba 55. 16. N.\n79\u00ba 34. 39. W.\n73\n26\u00ba 53. 58. N.\n79\u00ba 34. 27. W.\n74\n26\u00ba 45. 46. N.\n79\u00ba 32. 41. W.\n75\n26\u00ba 44. 30. N.\n79\u00ba 32. 23. W.\n76\n26\u00ba 43. 40. N.\n79\u00ba 32. 20. W.\n77\n26\u00ba 41. 12. N.\n79\u00ba 32. 01. W.\n78\n26\u00ba 38. 13. N.\n79\u00ba 31. 32. W.\n79\n26\u00ba 36. 30. N.\n79\u00ba 31. 06. W.\n80\n26\u00ba 35. 21. N.\n79\u00ba 30. 50. W.\n81\n26\u00ba 34. 51. N.\n79\u00ba 30. 46. W.\n82\n26\u00ba 34. 11. N.\n79\u00ba 30. 38. W.\n83\n26\u00ba 31. 12. N.\n79\u00ba 30. 15. W.\n84\n26\u00ba 29. 05. N.\n79\u00ba 29. 53. W.\n85\n26\u00ba 25. 31. N.\n79\u00ba 29. 58. W.\n86\n26\u00ba 23. 29. N.\n79\u00ba 29. 55. W.\n87\n26\u00ba 23. 21. N.\n79\u00ba 29. 54. W.\n88\n26\u00ba 18. 57. N.\n79\u00ba 31. 55. W.\n89\n26\u00ba 15. 26. N.\n79\u00ba 33. 17. W.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 56\nSL 11 of 2013\nc\n\nPoint\nLatitude\nLongitude\n90\n26\u00ba 15. 13. N.\n79\u00ba 33. 23. W.\n91\n26\u00ba 08. 09. N.\n79\u00ba 35. 53. W.\n92\n26\u00ba 07. 47. N.\n79\u00ba 36. 09. W.\n93\n26\u00ba 06. 59. N.\n79\u00ba 36. 35. W.\n94\n26\u00ba 02. 52. N.\n79\u00ba 38. 22. W.\n95\n25\u00ba 59. 30. N.\n79\u00ba 40. 03. W.\n96\n25\u00ba 59. 16. N.\n79\u00ba 40. 08. W.\n97\n25\u00ba 57. 48. N.\n79\u00ba 40. 38. W.\n98\n25\u00ba 56. 18. N.\n79\u00ba 41. 06. W.\n99\n25\u00ba 54. 04. N.\n79\u00ba 41. 38. W.\n100\n25\u00ba 53. 24. N.\n79\u00ba 41. 46. W.\n101\n25\u00ba 51. 54. N.\n79\u00ba 41. 59. W.\n102\n25\u00ba 49. 33. N.\n79\u00ba 42. 16. W.\n103\n25\u00ba 48. 24. N.\n79\u00ba 42. 23. W.\n104\n25\u00ba 48. 20. N.\n79\u00ba 42. 24. W.\n105\n25\u00ba 46. 26. N.\n79\u00ba 42. 44. W.\n106\n25\u00ba 46. 16. N.\n79\u00ba 42. 45. W.\n107\n25\u00ba 43. 40. N.\n79\u00ba 42. 59. W.\n108\n25\u00ba 42. 31. N.\n79\u00ba 42. 48. W.\n109\n25\u00ba 40. 37. N.\n79\u00ba 42. 27. W.\n110\n25\u00ba 37. 24. N.\n79\u00ba 42. 27. W.\n111\n25\u00ba 37. 08. N.\n79\u00ba 42. 27. W.\n112\n25\u00ba 31. 03. N.\n79\u00ba 42. 12. W.\n113\n25\u00ba 27. 59. N.\n79\u00ba 42. 11. W.\n114\n25\u00ba 24. 04. N.\n79\u00ba 42. 12. W.\n115\n25\u00ba 22. 21. N.\n79\u00ba 42. 20. W.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 3\n\nc\nSL 11 of 2013\nPage 57\n\nPoint\nLatitude\nLongitude\n116\n25\u00ba 21. 29. N.\n79\u00ba 42. 08. W.\n117\n25\u00ba 16. 52. N.\n79\u00ba 41. 24. W.\n118\n25\u00ba 15. 57. N.\n79\u00ba 41. 31. W.\n119\n25\u00ba 10. 39. N.\n79\u00ba 41. 31. W.\n120\n25\u00ba 09. 51. N.\n79\u00ba 41. 36. W.\n121\n25\u00ba 09. 03. N.\n79\u00ba 41. 45. W.\n122\n25\u00ba 03. 55. N.\n79\u00ba 42. 29. W.\n123\n25\u00ba 02. 60. N.\n79\u00ba 42. 56. W.\n124\n25\u00ba 00. 30. N.\n79\u00ba 44. 05. W.\n125\n24\u00ba 59. 03. N.\n79\u00ba 44. 48. W.\n126\n24\u00ba 55. 28. N.\n79\u00ba 45. 57. W.\n127\n24\u00ba 44. 18. N.\n79\u00ba 49. 24. W.\n128\n24\u00ba 43. 04. N.\n79\u00ba 49. 38. W.\n129\n24\u00ba 42. 36. N.\n79\u00ba 50. 50. W.\n130\n24\u00ba 41. 47. N.\n79\u00ba 52. 57. W.\n131\n24\u00ba 38. 32. N.\n79\u00ba 59. 58. W.\n132\n24\u00ba 36. 27. N.\n80\u00ba 03. 51. W.\n133\n24\u00ba 33. 18. N.\n80\u00ba 12. 43. W.\n134\n24\u00ba 33. 05. N.\n80\u00ba 13. 21. W.\n135\n24\u00ba 32. 13. N.\n80\u00ba 15. 16. W.\n136\n24\u00ba 31. 27. N.\n80\u00ba 16. 55. W.\n137\n24\u00ba 30. 57. N.\n80\u00ba 17. 47. W.\n138\n24\u00ba 30. 14. N.\n80\u00ba 19. 21. W.\n139\n24\u00ba 30. 06. N.\n80\u00ba 19. 44. W.\n140\n24\u00ba 29. 38. N.\n80\u00ba 21. 05. W.\n141\n24\u00ba 28. 18. N.\n80\u00ba 24. 35. W.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 58\nSL 11 of 2013\nc\n\nPoint\nLatitude\nLongitude\n142\n24\u00ba 28. 06. N.\n80\u00ba 25. 10. W.\n143\n24\u00ba 27. 23. N.\n80\u00ba 27. 20. W.\n144\n24\u00ba 26. 30. N.\n80\u00ba 29. 30. W.\n145\n24\u00ba 25. 07. N.\n80\u00ba 32. 22. W.\n146\n24\u00ba 23. 30. N.\n80\u00ba 36. 09. W.\n147\n24\u00ba 22. 33. N.\n80\u00ba 38. 56. W.\n148\n24\u00ba 22. 07. N.\n80\u00ba 39. 51. W.\n149\n24\u00ba 19. 31. N.\n80\u00ba 45. 21. W.\n150\n24\u00ba 19. 16. N.\n80\u00ba 45. 47. W.\n151\n24\u00ba 18. 38. N.\n80\u00ba 46. 49. W.\n152\n24\u00ba 18. 35. N.\n80\u00ba 46. 54. W.\n153\n24\u00ba 09. 51. N.\n80\u00ba 59. 47. W.\n154\n24\u00ba 09. 48. N.\n80\u00ba 59. 51. W.\n155\n24\u00ba 08. 58. N.\n81\u00ba 01. 07. W.\n156\n24\u00ba 08. 30. N.\n81\u00ba 01. 51. W.\n157\n24\u00ba 08. 26. N.\n81\u00ba 01. 57. W.\n158\n24\u00ba 07. 28. N.\n81\u00ba 03. 06. W.\n159\n24\u00ba 02. 20. N.\n81\u00ba 09. 05. W.\n160\n23\u00ba 59. 60. N.\n81\u00ba 11. 16. W.\n161\n23\u00ba 55. 32. N.\n81\u00ba 12. 55. W.\n162\n23\u00ba 53. 52. N.\n81\u00ba 19. 43. W.\n163\n23\u00ba 50. 52. N.\n81\u00ba 29. 59. W.\n164\n23\u00ba 50. 02. N.\n81\u00ba 39. 59. W.\n165\n23\u00ba 49. 05. N.\n81\u00ba 49. 59. W.\n166\n23\u00ba 49. 05. N.\n82\u00ba 00. 11. W.\n167\n23\u00ba 49. 42. N.\n82\u00ba 09. 59. W.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 3\n\nc\nSL 11 of 2013\nPage 59\n\nPoint\nLatitude\nLongitude\n168\n23\u00ba 51. 14. N.\n82\u00ba 24. 59. W.\n169\n23\u00ba 51. 14. N.\n82\u00ba 39. 59. W.\n170\n23\u00ba 49. 42. N.\n82\u00ba 48. 53. W.\n171\n23\u00ba 49. 32. N.\n82\u00ba 51. 11. W.\n172\n23\u00ba 49. 24. N.\n82\u00ba 59. 59. W.\n173\n23\u00ba 49. 52. N.\n83\u00ba 14. 59. W.\n174\n23\u00ba 51. 22. N.\n83\u00ba 25. 49. W.\n175\n23\u00ba 52. 27. N.\n83\u00ba 33. 01. W.\n176\n23\u00ba 54. 04. N.\n83\u00ba 41. 35. W.\n177\n23\u00ba 55. 47. N.\n83\u00ba 48. 11. W.\n178\n23\u00ba 58. 38. N.\n83\u00ba 59. 59. W.\n179\n24\u00ba 09. 37. N.\n84\u00ba 29. 27. W.\n180\n24\u00ba 13. 20. N.\n84\u00ba 38. 39. W.\n181\n24\u00ba 16. 41. N.\n84\u00ba 46. 07. W.\n182\n24\u00ba 23. 30. N.\n84\u00ba 59. 59. W.\n183\n24\u00ba 26. 37. N.\n85\u00ba 06. 19. W.\n184\n24\u00ba 38. 57. N.\n85\u00ba 31. 54. W.\n185\n24\u00ba 44. 17. N.\n85\u00ba 43. 11. W.\n186\n24\u00ba 53. 57. N.\n85\u00ba 59. 59. W.\n187\n25\u00ba 10. 44. N.\n86\u00ba 30. 07. W.\n188\n25\u00ba 43. 15. N.\n86\u00ba 21. 14. W.\n189\n26\u00ba 13. 13. N.\n86\u00ba 06. 45. W.\n190\n26\u00ba 27. 22. N.\n86\u00ba 13. 15. W.\n191\n26\u00ba 33. 46. N.\n86\u00ba 37. 07. W.\n192\n26\u00ba 01. 24. N.\n87\u00ba 29. 35. W.\n193\n25\u00ba 42. 25. N.\n88\u00ba 33. 00. W.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 60\nSL 11 of 2013\nc\n\nPoint\nLatitude\nLongitude\n194\n25\u00ba 46. 54. N.\n90\u00ba 29. 41. W.\n195\n25\u00ba 44. 39. N.\n90\u00ba 47. 05. W.\n196\n25\u00ba 51. 43. N.\n91\u00ba 52. 50. W.\n197\n26\u00ba 17. 44. N.\n93\u00ba 03. 59. W.\n198\n25\u00ba 59. 55. N.\n93\u00ba 33. 52. W.\n199\n26\u00ba 00. 32. N.\n95\u00ba 39. 27. W.\n200\n26\u00ba 00. 33. N.\n96\u00ba 48. 30. W.\n201\n25\u00ba 58. 32. N.\n96\u00ba 55. 28. W.\n202\n25\u00ba 58. 15. N.\n96\u00ba 58. 41. W.\n203\n25\u00ba 57. 58. N.\n97\u00ba 01. 54. W.\n204\n25\u00ba 57. 41. N.\n97\u00ba 05. 08. W.\n205\n25\u00ba 57. 24. N.\n97\u00ba 08. 21. W.\n206\n25\u00ba 57. 24. N.\n97\u00ba 08. 47. W.\n\n(c)\nthe sea area located off the coasts of the Hawaiian Islands of Hawai.i,\nMaui, Oahu, Moloka.i, Ni.ihau, Kaua.i, L.na.i, and Kaho.olawe, enclosed\nby geodesic lines connecting the following coordinates \u2014\n\nPoint\nLatitude\nLongitude\n1\n22\u00ba 32. 54. N.\n153\u00ba 00. 33. W.\n2\n23\u00ba 06. 05. N.\n153\u00ba 28. 36. W.\n3\n23\u00ba 32. 11. N.\n154\u00ba 02. 12. W.\n4\n23\u00ba 51. 47. N.\n154\u00ba 36. 48. W.\n5\n24\u00ba 21. 49. N.\n155\u00ba 51. 13. W.\n6\n24\u00ba 41. 47. N.\n156\u00ba 27. 27. W.\n7\n24\u00ba 57. 33. N.\n157\u00ba 22. 17. W.\n8\n25\u00ba 13. 41. N.\n157\u00ba 54. 13. W.\n9\n25\u00ba 25. 31. N.\n158\u00ba 30. 36. W.\n\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\nSCHEDULE 3\n\nc\nSL 11 of 2013\nPage 61\n\nPoint\nLatitude\nLongitude\n10\n25\u00ba 31. 19. N.\n159\u00ba 09. 47. W.\n11\n25\u00ba 30. 31. N.\n159\u00ba 54. 21. W.\n12\n25\u00ba 21. 53. N.\n160\u00ba 39. 53. W.\n13\n25\u00ba 00. 06. N.\n161\u00ba 38. 33. W.\n14\n24\u00ba 40. 49. N.\n162\u00ba 13. 13. W.\n15\n24\u00ba 15. 53. N.\n162\u00ba 43. 08. W.\n16\n23\u00ba 40. 50. N.\n163\u00ba 13. 00. W.\n17\n23\u00ba 03. 20. N.\n163\u00ba 32. 58. W.\n18\n22\u00ba 20. 09. N.\n163\u00ba 44. 41. W.\n19\n21\u00ba 36. 45. N.\n163\u00ba 46. 03. W.\n20\n20\u00ba 55. 26. N.\n163\u00ba 37. 44. W.\n21\n20\u00ba 13. 34. N.\n163\u00ba 19. 13. W.\n22\n19\u00ba 39. 03. N.\n162\u00ba 53. 48. W.\n23\n19\u00ba 09. 43. N.\n162\u00ba 20. 35. W.\n24\n18\u00ba 39. 16. N.\n161\u00ba 19. 14. W.\n25\n18\u00ba 30. 31. N.\n160\u00ba 38. 30. W.\n26\n18\u00ba 29. 31. N.\n159\u00ba 56. 17. W.\n27\n18\u00ba 10. 41. N.\n159\u00ba 14. 08. W.\n28\n17\u00ba 31. 17. N.\n158\u00ba 56. 55. W.\n29\n16\u00ba 54. 06. N.\n158\u00ba 30. 29. W.\n30\n16\u00ba 25. 49. N.\n157\u00ba 59. 25. W.\n31\n15\u00ba 59. 57. N.\n157\u00ba 17. 35. W.\n32\n15\u00ba 40. 37. N.\n156\u00ba 21. 06. W.\n33\n15\u00ba 37. 36. N.\n155\u00ba 22. 16. W.\n34\n15\u00ba 43. 46. N.\n154\u00ba 46. 37. W.\n35\n15\u00ba 55. 32. N.\n154\u00ba 13. 05. W.\n\nSCHEDULE 3\nMerchant Shipping (Marine Pollution) (Prevention of Air Pollution from\nShips) Regulations, 2012\n\nPage 62\nSL 11 of 2013\nc\n\nPoint\nLatitude\nLongitude\n36\n16\u00ba 46. 27. N.\n152\u00ba 49. 11. W.\n37\n17\u00ba 33. 42. N.\n152\u00ba 00. 32. W.\n38\n18\u00ba 30. 16. N.\n151\u00ba 30. 24. W.\n39\n19\u00ba 02. 47. N.\n151\u00ba 22. 17. W.\n40\n19\u00ba 34. 46. N.\n151\u00ba 19. 47. W.\n41\n20\u00ba 07. 42. N.\n151\u00ba 22. 58. W.\n42\n20\u00ba 38. 43. N.\n151\u00ba 31. 36. W.\n43\n21\u00ba 29. 09. N.\n151\u00ba 59. 50. W.\n44\n22\u00ba 06. 58. N.\n152\u00ba 31. 25. W.\n45\n22\u00ba 32. 54. N\n153\u00ba 00. 33. 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