Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations, 2008

13th. DECEMBER, 2008 No.S 121 PREVENTION OF POLLUTION OFTHE SEA ORDER, 2005 IS 18/05) PREVENTION OFPOLLUTION OFTHE SEA (NOXIOUS LIQUID SUBSTANCES IN BULK) REGULATIONS, 2008 ARRANGEMENT OF REGULATIONS Regulation 1. Citation. 2. Interpretation. 3. Application. 4. Exemptions. 5. Administration. 6. Powers to inspect. 7. Prohibition on proceeding to sea without Certificate. 8. BNLS Certificate. 9. Penalties. 10. Exemption in certain circumstances. 11. Notification of proposal to carry substances. 12. Fees. FIRST SCHEDULE SECOND SCHEDULE 4499 ANNEX II OFTHE CONVENTION FEES BRUNEI DARUSSALAM GOVERNMENT GAZETTE PREVENTION OF POLLUTION OFTHE SEA ORDER, 2005 (S 18/05) PREVENTION OFPOLLUTION OFTHE SEA (NOXIOUS LIQUID SUBSTANCES IN BULK) REGULATIONS, 2008 In exercise of the powers conferred by sections 8, 9(4), 12 and 33 of the Prevention of Pollution of the Sea Order, 2005, the Minister of Communications, with the approval of His Majesty the Sultan and Yang Di-Pertuan, hereby makes the following Regulations Citation. 1. These Regulations may be cited as the Prevention of Pollution of the Sea (Noxious Liquid Substances in Bulk) Regulations, 2008. Interpretation. 2. In these Regulations, unless the context otherwise requires "Annex II" means Annex II to the Convention which contains regulations for the control of pollution by noxious liquid substances in bulk and which is set out in the First Schedule; "authorised organisation" means an organisation authorised by regulations made under section 31 for the purposes of surveying ships and issuing certificates under that Order; "BNLS Certificate" means a Brunei Darussalam Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk issued by the Director or an authorised organisation under regulation 8; "Organisation" means the International Maritime Organisation. Application. 3. (1) Annex II, with the exception of regulation 18 thereof, shall, subject to these Regulations, have the force of law in Brunei Darussalam. (2) A provision of Annex II interpreted or explained by a provision of these Regulations shall be read as having the same meaning attributed by that provision. 4500 13th. DECEMBER, 2008 (3) For the purposes of regulation 2(1) of Annex II, the reference to "all ships certified to carry noxious liquid substances in bulk" shall be read as a reference to (a) Brunei Darussalam ships carrying in bulk noxious liquid substances or unassessed liquid substances; and (b) other ships carrying in bulk noxious liquid substances or unassessed liquid substances while they are in Brunei Darussalam waters, and these Regulations shall apply to such ships. Exemptions. 4. The Director may grant exemptions from all or any of these Regulations including Annex II (as may be specified in the exemption) for any ship or class or description of ship as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption. Administration. 5. (1) Except where provided in these Regulations, for the purposes of these Regulations, references to the Administration shall be read as references to the Director. (2) For the purposes of regulation 3(1.3) of Annex II, the reference to the Administration shall be read as a reference to the Director. (3) For the purposes of regulations 4(4.1), 4(4.4),5(3.5), 12(5), 13(3), 13(4.3), 13(5.1), 13(6.1.3.1), 14(1), 16(8) and 17(1) and the Appendices of Annex II, references to the Administration shall be read as references to the Director or an authorised organisation. (4) For the purposes of these Regulations, references to an officer of the Administration shall be read as references to a surveyor of ships, and references to a nominated surveyor, recognised organisation or organisation duly authorised shall be read as references to an authorised organisation. (5) For the purposes of regulation 15(6) of Annex II, the reference to the competent authority of the Government of a Party shall be read as a reference to the Director, an authorised organisation, a MARPOL surveyor or any person acting under the direction of the Director. 4501 BRUNEI DARUSSALAM GOVERNMENT GAZETTE (6) For the purposes of regulation 16 of Annex II fa) the reference to surveyor shall be read as a reference to a MARPOL surveyor or, where there is no MARPOL surveyor at that port, the master; and fb) the reference to the Government of the receiving Party shall be read as a reference to a MARPOL surveyor or, where there is no MARPOL surveyor at that port, the master. Powers to inspect. 6. (1) A ship to which these Regulations apply shall be subject, in Brunei Darussalam waters, to inspection by a surveyor of ships. (2) Any such inspection shall be limited to verifying that there is on board in relation to that ship a valid certificate referred to in regulation 9 or 10 of Annex II or a valid BNLS Certificate unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate. (3) In the case referred to in sub-regulation (2), or if the ship does not carry a valid certificate referred to in regulation 9 or 10 of Annex II or a valid BNLS Certificate, the surveyor of ships shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. (4) The Director may in such a case permit the ship to proceed to the nearest appropriate repair yard. (5) Upon receiving evidence that a particular ship has discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations, the Director shall cause the matter to be investigated by an inspector and shall inform the State which has reported the contravention as well as the Organisation of the action taken. (6) The Director may also cause a ship other than a Brunei Darussalam ship to be inspected by an inspector when it enters Brunei Darussalam waters if a request for an investigation is received from any State which is a Party to the Convention together with sufficient evidence that the ship has discharged noxious liquid substances or unassessed liquid substances carried in bulk or a mixture containing such substances contrary to the provisions of these Regulations in any place. 4502 13th. DECEMBER, 2008 (7) The report of such investigation may be sent to the State requesting the investigation and the State in which the ship is registered. Prohibition on proceeding to sea without Certificate. 7. (1) The master of every ship to which these Regulations apply shall produce to the Director, at the time a clearance for the ship is demanded for a voyage from Brunei Darussalam to a port or place outside Brunei Darussalam waters, the relevant certificate referred to in regulation 9 or 10 of Annex II as appropriate to be in force when the ship proceeds to sea. (2) A clearance shall not be granted, and the ship may be detained, until the certificate or certificates are so produced. BNLS Certificate. 8. (1) The Director or an authorised organisation shall, after a survey in accordance with the provisions of regulation 8 of Annex II which relates to any ship carrying noxious liquid substances in bulk which operates within Brunei Darussalam waters and is not engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties to the Convention, issue a BNLS Certificate in such form as the Director may determine. The BNLS Certificate shall be issued in the form set out in Appendix III of Annex II modified in line with this regulation and approved by the Director. Penalties. 9. If any ship fails to comply with any requirement of these Regulations, the owner and the master of the ship shall each be guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both. Exemption in certain circumstances. 10. For the purposes of section 9(4), the ships exempted from the operation of section 9(1) shall be such ships as are exempted from the prohibition of the discharge into the sea of a noxious liquid substance or of a mixture containing a noxious liquid substance in accordance with the provisions of Annex II. Notification of proposal to carry substances. 11. For the purposes of section 8, where a person proposes to export or import any noxious liquid substance referred to in regulation 6(3) of Annex II by having 4503 BRUNEI DARUSSALAM GOVERNMENT GAZETTE that liquid substance carried in bulk in a ship, that person or the master of the ship shall notify the Director or the Authority or an officer designated by the Director or the Authority at least 24 hours before the estimated time of departure or arrival of the ship and by such means as the Director or the Authority may determine. Fees. 12. The fees set out in the Second Schedule shall be payable to the Director in respect of the services provided by the Director specified in that Schedule. FIRST SCHEDULE ANNEX II TOTHE CONVENTION (regulation 2) REGULATIONS FOR THE CONTROL OF POLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK ARRANGEMENT OF REGULATIONS CHAPTER 1 GENERAL Regulation 1. Definitions 2. Application 3. Exceptions 4. Exemptions 5. Equivalents CHAPTER 2 CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES 6. Categorization and listing of noxious liquid substances and other substances 4504 13th. DECEMBER, 2008 CHAPTER 3 SURVEYS AND CERTIFICATION 7. Survey and certification of chemical tankers 8. Surveys 9. Issue or endorsement of Certificate 10. Duration and validity of Certificate CHAPTER 4 DESIGN, CONSTRUCTION, ARRANGEMENT AND EQUIPMENT 11. Design, construction, equipment and operations 12. Pumping, piping, unloading arrangements and slop tanks CHAPTER 5 OPERATIONAL DISCHARGES OFRESIDUES OF NOXIOUS LIQUID SUBSTANCES 13. Control of discharges of residues of noxious liquid substances 14. Procedures and Arrangements Manual 15. Cargo Record Book CHAPTER 6 MEASURES OFCONTROL BY PORT STATES 16. Measures of control CHAPTER 7 PREVENTION OF POLLUTION ARISING FROM AN INCIDENT INVOLVING NOXIOUS LIQUID SUBSTANCES 17. Shipboard marine pollution emergency plan for noxious liquid substances 4505 BRUNEI DARUSSALAM GOVERNMENT GAZETTE CHAPTER 8 RECEPTION FACILITIES 18. Reception facilities and cargo unloading terminal arrangements APPENDICES TO ANNEX II APPENDIX 1 APPENDIX 2 APPENDIX 3 APPENDIX 4 APPENDIX 5 APPENDIX 6 APPENDIX 7 GUIDELINES FOR THE CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES FORM OF CARGO RECORD BOOK FOR SHIPS CARRYING NOXIOUS LIQUID SUBSTANCES IN BULK FORM OF INTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK STANDARD FORMAT FOR THE PROCEDURES AND ARRANGEMENTS MANUAL ASSESSMENT OF RESIDUE QUANTITIES IN CARGO TANKS, PUMPS AND ASSOCIATED PIPING PREWASH PROCEDURES VENTILATION PROCEDURES 4506 13th. DECEMBER, 2008 ANNEX II TO THE CONVENTION REGULATIONS FOR THE CONTROL OFPOLLUTION BY NOXIOUS LIQUID SUBSTANCES IN BULK CHAPTER 1 GENERAL Regulation 1 Definitions For the purposes of this Annex: 1 Anniversary date means the day and the month of each year which will correspond to the date of expiry of the International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk. 2 Associated piping means the pipeline from the suction point in a cargo tank to the shore connection used for unloading the cargo and includes all ship's piping, pumps and filters which are in open connection with the cargo unloading line. 3 Ballast water Clean ballast means ballast carried in a tank which, since it was last used to carry a cargo containing a substance in Category X, Y or Z, has been thoroughly cleaned and the residues resulting therefrom have been discharged and the tank emptied in accordance with the appropriate requirements of this Annex. Segregated ballast means ballast water introduced into a tank permanently allocated to the carriage of ballast or cargoes other than oil or noxious liquid substances as variously defined in the Annexes of the present Convention, and which is completely separated from the cargo and oil fuel system. 4 Chemical Codes Bulk Chemical Code means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organisation by resolution MEPC.20(22), as amended by the Organisation, provided that such amendments are adopted and brought into force in accordance with the provisions of Article 16 of the present Convention concerning amendment procedures applicable to an Appendix to an Annex. 4507 BRUNEI DARUSSALAM GOVERNMENT GAZETTE International Bulk Chemical Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environment Protection Committee of the Organisation by resolution MEPC.19(22), as amended by the Organisation, provided that such amendments are adopted and brought into force in accordance with the provisions of Article 16 of the present Convention concerning amendment procedures applicable to an Appendix to an Annex. 5 Depth of water means the charted depth. 6 En route means that the ship is under way at sea on a course or courses, including deviation from the shortest direct routs, which as far as practicable for navigational purposes, will cause any discharge to be spread over as great an area of the sea as is reasonable and practicable. 7 Liquid substances are those having a vapour pressure not exceeding 0.28 MPa absolute at a temperature of 37.8°C. 8 Manual means Procedures and Arrangements Manual in accordance with the model given in Appendix 6 of this Annex. 9 Nearest land. The term "from the nearest land" means from the baseline from which the territorial sea in question is established in accordance with international law, except that, for the purposes of the present Convention "from the nearest land" off the north-eastern coast of Australia shall mean from the line drawn from a point on the coast of Australia in: latitude 11° 00' S, longitude 142° 08' E, to a point in latitude 10° 35' S, longitude 141 ° 55' E, thence to a point latitude 10° 00' S, longitude 142° 00' E, thence to a point latitude 9° 10' S, longitude 143° 52' E, thence to a point latitude 9° 00' S, longitude 144° 30' E, thence to a point latitude 10° 41' S, longitude 145° 00' E, thence to a point latitude 13° 00' S, longitude 145° 00' E, thence to a point latitude 15° 00' S, longitude 146° 00' E, thence to a point latitude 17° 30' S, longitude 147° 00' E, thence to a point latitude 21 ° 00' S, longitude 152° 55' E, 4508 13th. DECEMBER, 2008 thence to a point latitude 24 0 30' 5, longitude 154 0 00' E, thence to a point on the coast of Australia in latitude 24 0 42' 5, longitude 153 0 1'5 E. 10 Noxious liquid substance means any substance indicated in the Pollution Category column of Chapter 17 or 18 of the International Bulk Chemical Code or provisionally assessed under the provisions of regulation 6.3 as falling into Category X, Y or Z. 11 ppm means ml/m3. 12 Residue means any noxious liquid substance which remains for disposal. 13 Residue/water mixture means residue to which water has been added for any purpose [e.g, tank cleaning, ballasting, bilge slops). 14 Ship construction 14.1 Ship constructed means a ship the keel of which is laid or which is at a similar stage of construction. A ship converted to a chemical tanker, irrespective of the date of construction, shall be treated as a chemical tanker constructed on the date on which such conversion commenced. This conversion provision shall not apply to the modification of a ship which complies with all of the following conditions: .1 the ship is constructed before 1st. July, 1986; and .2 the ship is certified under the Bulk Chemical Code to carry only those products identified by the Code as substances with pollution hazards only. 14.2 Similar stage of construction means the stage at which: .1 construction identifiable with a specific ship begins; and .2 assembly of that ship has commenced comprising at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less. 15 Solidifying/non-solidifying 15.1 Solidifying substance means a noxious liquid substance which: 4509 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .1 in the case of a substance with a melting point of less than 15°C, is at a temperature of less than 5°C above its melting point at the time of unloading; or .2 in the case of a substance with a melting point of equal to or greater than 15°C, is at a temperature of less than 10°C above its melting point at the time of unloading. 15.2 Non-solidifying substance means a noxious liquid substance, which is not a solidifying substance. 16 Tanker 16.1 Chemical tanker means a ship constructed or adapted for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code. 16.2 NLS tanker means a ship constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an "oil tanker" as defined in Annex I of the present Convention when certified to carry a cargo or part cargo of noxious liquid substances in bulk. 17 Viscosity 17.1 High-viscosity substance means a noxious liquid substance in Category X or Y with a viscosity equal to or greater than 50 mPa· s at the unloading temperature. 17.2 Low-viscosity substance means a noxious liquid substance which is not a high-viscosity substance. Regulation 2 Application 1 Unless expressly provided otherwise the provisions of this Annex shall apply to all ships certified to carry noxious liquid substances in bulk. 2 Where a cargo subject to the provisions of Annex I of the present Convention is carried in a cargo space of an NLS tanker, the appropriate requirements of Annex I of the present Convention shall also apply. 4510 13th. DECEMBER, 2008 Regulation 3 Exceptions 1 The discharge requirements of this Annex shall not apply to the discharge into the sea of noxious liquid substances or mixtures containing such substances w hen such a discharge: .1 necessary for the purpose of securing the safety of a ship or saving life at sea; or .2 results from damage to a ship or its equipment: .1 provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and .2 except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or .3 is approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur. Regulation 4 Exemptions 1 With respect to amendments to carriage requirements due to the upgrading of the categorization of a substance, the following shall apply: .1 where an amendment to this Annex and the International Bulk Chemical Code and Bulk Chemical Code involves changes to the structure or equipment and fittings due to the upgrading of the requirements for the carriage of certain substances, the Administration may modify or delay for a specified period the application of such an amendment to ships constructed before the date of entry into force of that amendment, if the immediate application of such an amendment is considered unreasonable or impracticable. Such relaxation shall be determined with respect to each substance; 4511 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .2 the Administration allowing a relaxation of the application of an amendment under this paragraph shall submit to the Organisation a report giving details of the ship or ships concerned, the cargoes certified to carry, the trade in which each ship is engaged and the justification for the relaxation, for circulation to the Parties to the Convention for their information and appropriate action, if any, and reflect the exemption on the Certificate as referred to in regulation 7 or 9 of this Annex; .3 notwithstanding the above, an Administration may exempt ships from the carriage requirements under regulation 11 for ships certified to carry individually identified vegetable oils identified by the relevant footnote in Chapter 17 of the IBe Code, provided the ship complies with the following conditions: .1 subject to this regulation, the NLS tanker shall meet all requirements for ship type 3 as identified in the IBC Code except for cargo tank location; .2 under this regulation, cargo tanks shall be located at the following distances inboard. The entire cargo tank length shall be protected by ballast tanks or spaces other than tanks that carry oil as follows: .1 wing tanks or spaces shall be arranged such that cargo tanks are located inboard of the moulded line of the side shell plating nowhere less than 760 mm; .2 double bottom tanks or spaces shall be arranged such that the distance between the bottom of the cargo tanks and the moulded line of the bottom shell plating measured at right angles to the bottom shell plating is not less than B/15 (m) or 2.0 m at the centerline, whichever is the lesser. The minimum distance shall be 1.0 m; and .3 the relevant certificate shall indicate the exemption granted. 2 Subject to the provisions of paragraph 3 of this regulation, the provisions of regulation 12.1 need not apply to a ship constructed before 1st. July, 1986 which is engaged in restricted voyages as determined by the Administration between: .1 ports or terminals within a State Party to the present Convention; or .2 ports or terminals of States Parties to the present Convention. 4512 13th. DECEMBER, 2008 3 The provisions of paragraph 2 of this regulation shall only apply to a ship constructed before 1st. July, 1986 if: .1 each time a tank containing Category X, Y or Z substances or mixtures is to be washed or ballasted, the tank is washed in accordance with a prewash procedure approved by the Administration in compliance with Appendix 6 of this Annex, and the tank washings are discharged to a reception facility; .2 subsequent washings or ballast water are discharged to a reception facility or at sea in accordance with other provisions of this Annex; .3 the adequacy of the reception facilities at the ports or terminals referred to above, for the purpose of this paragraph, is approved by the Governments of the States Parties to the present Convention within which such ports or terminals are situated; .4 in the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organisation, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any; and .5 the certificate required under this Annex is endorsed to the effect that the ship is solely engaged in such restricted voyages. 4 For a ship whose constructional and operational features are such that ballasting of cargo tanks is not required and cargo tank washing is only required for repair or dry-docking, the Administration may allow exemption from the provisions of regulation 12, provided that all of the following conditions are complied with: .1 the design, construction and equipment of the ship are approved by the Administration, having regard to the service for which it is intended; .2 any effluent from tank washings which may be carried out before a repair or dry-docking is discharged to a reception facility, the adequacy of which is ascertained by the Administration; .3 the certificate required under this Annex indicates: .1 that each cargo tank is certified for the carriage of a restricted number of substances which are comparable and can be carried alternately in the same tank without intermediate cleaning; and 4513 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .2 the particulars of the exemption; .4 the ship carries a Manual approved by the Administration; and .5 in the case of ships engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention, the Administration communicates to the Organisation, for circulation to the Parties to the Convention, particulars of the exemption, for their information and appropriate action, if any. Regulation 5 Equivalen ts 1 The Administration may allow any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by this Annex if such fitting, material, appliance or apparatus is at least as effective as that required by this Annex. This authority of the Administration shall not extend to the substitution of operational methods to effect the control of discharge of noxious liquid substances as equivalent to those design and construction features which are prescribed by regulations in this Annex. 2 The Administration which allows a fitting, material, appliance or apparatus as alternative to that required by this Annex, under paragraph 1 of this regulation, shall communicate to the Organisation, for circulation to the Parties to the Convention, particulars thereof, for their information and appropriate action, if any. 3 Notwithstanding the provisions of paragraphs 1 and 2 of this regulation, the construction and equipment of liquefied gas carriers certified to carry noxious liquid substances listed in the applicable Gas Carrier Code, shall be deemed to be equivalent to the construction and equipment requirements contained in regulations 11 and 12 of this Annex, provided that the gas carrier meets all following conditions: .1 hold a Certificate of Fitness in accordance with the appropriate Gas Carrier Code for ships certified to carry liquefied gases in bulk; .2 hold an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, in which it is certified that the gas carrier may carry only those noxious liquid substances identified and listed in the appropriate Gas Carrier Code; .3 be provided with segregated ballast arrangements; 4514 13th. DECEMBER, 2008 .4 be provided with pumping and piping arrangements which, to the satisfaction of the Administration, ensure that the quantity of cargo residue remaining in the tank and its associated piping after unloading does not exceed the applicable quantity of residue as required by regulation 12.1, 12.2 and 12.3; and .5 be provided with a Manual, approved by the Administration, ensuring that no operational mixing of cargo residues and water will occur and that no cargo residues will remain in the tank after applying the ventilation procedures prescribed in the Manual. CHAPTER 2 CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES Regulation 6 Categorization and listing of noxious liquid substances and other substances 1 For the purpose of the regulations of this Annex, noxious liquid substances shall be divided into four categories as follows: .1 Category X: Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify the prohibition of the discharge into the marine environment; .2 Category Y: Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify a limitation on the quality and quantity of the discharge into the marine environment; .3 Category Z: Noxious liquid substances which, if discharged into the sea from tank cleaning or deballasting operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify less stringent restrictions on the quality and quantity of the discharge into the marine environment; .4 Other substances: Substances indicated as OS (Other Substances) in the pollution category column of Chapter 18 of the International Bulk Chemical Code which have been evaluated and found to fall outside Category X, Y or Z as defined in regulation 6.1 of this Annex because they are, at present, considered to present no harm to marine 4515 BRUNEI DARUSSALAM GOVERNMENT GAZETTE resources, human health, amenities or other legitimate uses of the sea when discharged into the sea from tank cleaning or deballasting operations. The discharge of bilge or ballast water or other residues or mixtures containing oily substances referred to as "Other Substances" shall not be subject to any requirements of the Annex. 2 Guidelines for use in the categorization of noxious liquid substances are given in Appendix 1 to this Annex. 3 Where it is proposed to carry a liquid substance in bulk which has not been categorized under paragraph 1 of this regulation, the Governments of Parties to the Convention involved in the proposed operation shall establish and agree on a provisional assessment for the proposed operation on the basis of the guidelines referred to in paragraph 2 of this regulation. Until full agreement among the Governments involved has been reached, the substance shall not be carried. As soon as possible, but not later than 30 days after the agreement has been reached, the Government of the producing or shipping country, initiating the agreement concerned, shall notify the Organisation and provide details of the substance and the provisional assessment for annual circulation to all Parties for their information. The Organisation shall maintain a register of all such substances and their provisional assessment until such time as the substances are formally included in the IBC Code. CHAPTER 3 SURVEYS AND CERTIFICATION Regulation 7 Survey and certification of chemical tankers Notwithstanding the provisions of regulations 8, 9 and 10 of this Annex, chemical tankers which have been surveyed and certified by States Parties to the present Convention in accordance with the provisions of the International Bulk Chemical Code or the Bulk Chemical Code, as applicable, shall be deemed to have complied with the provisions of the said regulations, and the certificate issued under that Code shall have the same force and receive the same recognition as the certificate issued under regulation 9 of this Annex. 4516 13th. DECEMBER, 2008 Regulation 8 Surveys 1 Ships carrying noxious liquid substances in bulk shall be subject to the surveys specified below: .1 An initial survey before the ship is put in service or before the Certificate required under regulation 9 of this Annex is issued for the first time, and which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex. .2 A renewal survey at intervals specified by the Administration, but not exceeding 5 years, except where regulation 10.2, 10.5, 10.6 or 10.7 of this Annex is applicable. The renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with applicable requirements of this Annex. .3 An intermediate survey within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the Certificate which shall take the place of one of the annual surveys specified in paragraph 1.4 of this regulation. The intermediate survey shall be such as to ensure that the equipment and associated pump and piping systems fully comply with the applicable requirements of this Annex and are in good working order. Such intermediate surveys shall be endorsed on the Certificate issued under regulation 9 of this Annex. .4 An annual survey within 3 months before or after each anniversary date of the Certificate including a general inspection of the structure, equipment, systems, fittings, arrangements and material referred to in paragraph 1.1 of this regulation to ensure that they have been maintained in accordance with paragraph 3 of this regulation and that they remain satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the Certificate issued under regulation 9 of this Annex. .5 An additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph 3 of this regulation, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have 4517 BRUNEI DARUSSALAM GOVERNMENT GAZETTE been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of this Annex. 2.1 Surveys of ships, as regards the enforcement of the provisions of this Annex, shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys either to surveyors nominated for the purpose or to organizations recognized by it. 2.2 The recognized organization, referred to in paragraph 2.1 of this regulation, shall comply with the Guidelines adopted by the Organisation by resolution A.739(18), as may be amended by the Organisation, and the specification adopted by the Organisation by resolution A.789(19), as may be amended by the Organisation, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of Article 16 of the present Convention concerning the amendment procedures applicable to this Annex. 2.3 An Administration nominating surveyors or recognizing organizations to conduct surveys as set forth in paragraph 2.1 of this regulation, shall as a minimum, empower any nominated surveyor or recognized organization to: .1 require repairs to a ship; and .2 carry out surveys if requested by the appropriate authorities of a port State. 2.4 The Administration shall notify the Organisation of the specific responsibilities and conditions of the authority delegated to the nominated surveyors or recognized organizations, for circulation to Parties to the present Convention for the information of their officers. 2.5 When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate, or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the Certificate should be withdrawn and the Administration shall be notified immediately, and if the ship is in a port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor, or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the 4518 13th. DECEMBER, 2008 purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment. 2.6 In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the survey and shall undertake to ensure the necessary arrangements to satisfy this obligation. 3.1 The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. 3.2 After any survey of the ship under paragraph 1 of this regulation has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration, except the direct replacement of such equipment and fittings. 3.3 Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex, the master or owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made. Regulation 9 Issue or endorsement of Certificate 1 An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued, after an initial or renewal survey in accordance with the provisions of regulation 8 of this Annex, to any ship intended to carry noxious liquid substances in bulk and which is engaged in voyages to ports or terminals under the jurisdiction of other Parties to the Convention. 2 Such Certificate shall be issued or endorsed either by the Administration or by any person or organization duly authorized by it. In every case, the Administration assumes full responsibility for the Certificate. 3.1 The Government of a Party to the Convention may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the provisions of 4519 BRUNEI DARUSSALAM GOVERNMENT GAZETTE this Annex are complied with, shall issue or authorize the issue of an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk to the ship, and where appropriate, endorse or authorize the endorsement of that Certificate on the ship, in accordance with this Annex. 3.2 A copy of the Certificate and a copy of the survey report shall be transmitted as soon as possible to the requesting Administration. 3.3 A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under paragraph 1 of this regulation. 3.4 No International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued to a ship which is entitled to fly the flag of a State which is not a Party. 4 The International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be drawn up in the form corresponding to the model given in Appendix 3 to this Annex and shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in the case of a dispute or discrepancy. Regulation 10 Duration and validity of Certificate 1 An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued for a period specified by the Administration which shall not exceed 5 years. 2.1 Notwithstanding the requirements of paragraph 1 of this regulation, when the renewal survey is completed within 3 months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Certificate. 2.2 When the renewal survey is completed after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing Certificate. 4520 13th. DECEMBER, 2008 2.3 When the renewal survey is completed more than 3 months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey. 3 If a Certificate is issued for a period of less than 5 years, the Administration may extend the validity of the Certificate beyond the expiry date to the maximum period specified in paragraph 1 of this regulation, provided that the surveys referred to in regulation 8.1.3 and 8.1.4 of this Annex applicable when a Certificate is issued for a period of 5 years are carried out as appropriate. 4 If a renewal survey has been completed and a new Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, the person or organization authorized by the Administration may endorse the existing Certificate and such a Certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date. 5 If a ship at the time when a Certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the Certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No Certificates shall be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new Certificate. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing Certificate before the extension was granted. 6 A Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new Certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing Certificate before the extension was granted. 7 In special circumstances, as determined by the Administration, a new Certificate need not be dated from the date of expiry of the existing Certificate as required by paragraph 2.2, 5 or 6 of this regulation. In these special circumstances, the new Certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey. 8 If an annual surveyor intermediate survey is completed before the period specified in regulation 8 of this Annex, then: 4521 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .1 the anniversary date shown on the Certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed; .2 the subsequent annual or intermediate survey required by regulation 8 of this Annex shall be completed at the intervals prescribed by that regulation using the new anniversary date; .3 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 8 of this Annex are not exceeded. 9 A Certificate issued under regulation 9 of this Annex shall cease to be valid in any of the following cases: .1 if the relevant surveys are not completed within the periods specified under regulation 8.1 of this Annex; .2 if the Certificate is not endorsed in accordance with regulation 8.1.3 or 8.1.4 of this Annex; .3 upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new Certificate is fully satisfied that the ship is in compliance with the requirements of regulation 8.3.1 and 8.3.2 of this Annex. In the case of a transfer between Parties, if requested within 3 months after the transfer has taken place, the Government of the Party whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the Certificate carried by the ship before the transfer and, if available, copies of the relevant survey reports. CHAPTER 4 DESIGN, CONSTRUCTION, ARRANGEMENT AND EQUIPMENT Regulation 11 Design, construction, equipment and operations 1 The design, construction, equipment and operation of ships certified to carry noxious liquid substances in bulk identified in Chapter 17 of the International Bulk Chemical Code, shall be in compliance with the following provisions to minimize the uncontrolled discharge into the sea of such substances: 4522 13th. DECEMBER1 2008 .1 the International Bulk Chemical Code when the chemical tanker is constructed on or after 1st. JulYI 1986; or .2 the Bulk Chemical Code as referred to in paragraph 1.7.2 of that Code for: .1 ships for which the building contract is placed on or after 2nd. November, 1973 but constructed before 1st. July, 1986, and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and .2 ships constructed on or after 1st. July, 1983 but before 1st. July, 1986, which are engaged solely on voyages between ports or terminals within the State the flag of which the ship is entitled to fly; .3 the Bulk Chemical Code as referred to in paragraph 1.7.3 of that Code for: .1 ships for which the building contract is placed before 2nd. November, 1973 and which are engaged on voyages to ports or terminals under the jurisdiction of other States Parties to the Convention; and .2 ships constructed before 1st. July, 1983 which are solely engaged on voyages between ports or terminals within the State the flag of which the ship is entitled to fly. 2 In respect of ships other than chemical tankers or liquefied gas carriers certified to carry noxious liquid substances in bulk identified in Chapter 17 of the International Bulk Chemical Code, the Administration shall establish appropriate measures based on the Guidelines * developed by the Organisation in order to ensure that the provisions shall be such as to minimize the uncontrolled discharge into the sea of such substances. * Reference is made to resolutions A.673(16), as may be further amended, and MEPC.148(54). 4523 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Regulation 12 Pumping, piping, unloading arrangements and slop tanks 1 Every ship constructed before 1st. July, 1986 shall be provided with a pumping and piping arrangement to ensure that each tank certified for the carriage of substances in category X or Y does not retain a quantity of residue in excess of 300 litres in the tank and its associated piping and that each tank certified for the carriage of substances in category Z does not retain a quantity of residue in excess of 900 litres in the tank and its associated piping. A performance test shall be carried out in accordance with Appendix 5 of this Annex. 2 Every ship constructed on or after 1st. July, 1986 but before 1st. January, 2007 shall be provided with a pumping and piping arrangement to ensure that each tank certified for the carriage of substances in category X or Y does not retain a quantity of residue in excess of 100 litres in the tank and its associated piping and that each tank certified for the carriage of substances in category Z does not retain a quantity of residue in excess of 300 litres in the tank and its associated piping. A performance test shall be carried out in accordance with Appendix 5 of this Annex. 3 Every ship constructed on or after 1st. January, 2007 shall be provided with a pumping and piping arrangement to ensure that each tank certified for the carriage of substances in category X, Y or Z does not retain a quantity of residue in excess of 75 litres in the tank and its associated piping. A performance test shall be carried out in accordance with Appendix 5 of this Annex. 4 For a ship other than a chemical tanker constructed before 1st. January, 2007 which cannot meet the requirements for the pumping and piping arrangements for substances in category Z referred to in paragraphs 1 and 2 of this regulation no quantity requirement shall apply. Compliance is deemed to be reached if the tank is emptied to the most practicable extent. 5 Pumping performance tests referred to in paragraphs I, 2 and 3 of this regulation shall be approved by the Administration. Pumping performance tests shall use water as the test medium. 6 Ships certified to carry substances of category X, Y or Z shall have an underwater discharge outlet (or outlets). 7 For ships constructed before 1st. January, 2007 and certified to carry substances in category Z an underwater discharge outlet as required under paragraph 6 of this regulation is not mandatory. 8 The underwater discharge outlet (or outlets) shall be located within the cargo area in the vicinity of the turn of the bilge and shall be so arranged as to avoid the re-intake of residue/water mixtures by the ship's seawater intake. 4524 13th. DECEMBER, 2008 9 The underwater discharge outlet arrangement shall be such that the residue/water mixture discharged into the sea will not pass through the ship's boundary layer. To this end, when the discharge is made normal to the ship's shell plating, the minimum diameter of the discharge outlet is governed by the following equation: where: d minimum diameter of the discharge outlet (m) Ld distance from the forward perpendicular to the discharge outlet (m) Qd the maximum rate selected at which the ship may discharge a residue/watermixture through the outlet Im3/h). 10 When the discharge is directed at an angle to the ship's shell plating, the above relationship shall be modified by substituting for Qd the component of Qd which is normal to the ship's shell plating. 11 Slop tanks Although this Annex does not require the fitting of dedicated slop tanks, slop tanks may be needed for certain washing procedures. Cargo tanks may be used as slop tanks. CHAPTER 5 OPERATIONAL DISCHARGES OF RESIDUES OF NOXIOUS LIQUID SUBSTANCES Regulation 13 Control of discharges of residues of noxious liquid substances Subject to the provisions of regulation 3 of this Annex, the control of discharges of residues of noxious liquid substances or ballast water, tank washings or other mixtures containing such substances shall be in compliance with the following requirements: 4525 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 1 Discharge provisions 1.1 The discharge into the sea of residues of substances assigned to category X, Y or Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances shall be prohibited unless such discharges are made in full compliance with the applicable operational requirements contained in this Annex. 1.2 Before any prewash or discharge procedure is carried out in accordance with this regulation, the relevant tank shall be emptied to the maximum extent in accordance with the procedures prescribed in the Manual. 1.3 The carriage of substances which have not been categorized, provisionally assessed or evaluated as referred to in regulation 6 of this Annex or of ballast water, tank washings or other mixtures containing such residues shall be prohibited along with any consequential discharge of such substances into the sea. 2 Discharge standards 2.1 Where the provisions in this regulation allow the discharge into the sea of residues of substances in category X, Y or Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances, the following discharge standards shall apply: .1 the ship is proceeding en route at a speed of at least 7 knots in the case of self-propelled ships or at least 4 knots in the case of ships which are not self-propelled; .2 the discharge is made below the waterline through the underwater outlet(s) not exceeding the maximum rate for which the underwater discharge outlet(s) is (are) designed; and .3 the discharge is made at a distance of not less than 12 nautical miles from the nearest land in a depth of water of not less than 25 metres. 2.2 For ships constructed before 1st. January, 2007 the discharge into the sea of residues of substances in category Z or of those provisionally assessed as such or ballast water, tank washings or other mixtures containing such substances below the waterline is not mandatory. 2.3 The Administration may waive the requirements of paragraph 2.1.3 for substances in category Z, regarding the distance of not less than 12 nautical miles from the nearest land for ships solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State the flag of which the ship is entitled to fly. In addition, the Administration may waive the same requirement regarding the discharge distance of not less than 12 nautical miles from the nearest land for 4526 13th. DECEMBER, 2008 a particular ship entitled to fly the flag of their State, when engaged in voyages within waters subject to the sovereignty or jurisdiction of one adjacent State after the establishment of an agreement, in writing, of a waiver between the two coastal States involved provided that no third party will be affected. Information on such agreement shall be communicated to the Organisation within 30 days for further circulation to the Parties to the Convention for their information and appropriate action if any. 3 Ventilation of cargo residues Ventilation procedures approved by the Administration may be used to remove cargo residues from a tank. Such procedures shall be in accordance with Appendix 7 of this Annex. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to the discharge requirements in this Annex. 4 Exemption for a prewash On request of the ship's master, an exemption for a prewash may be granted by the Government of the receiving Party, where it is satisfied that: .1 the unloaded tank is to be reloaded with the same substance or another substance compatible with the previous one and that the tank will not be washed or ballasted prior to loading; or .2 the unloaded tank is neither washed nor ballasted at sea. The prewash in accordance with the applicable paragraph of this regulation shall be carried out at another port provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose; or .3 the cargo residues will be removed by a ventilation procedure approved by the Administration in accordance with Appendix 7 of this Annex. 5 The use of cleaning agents or additives 5.1 When a washing medium other than water, such as mineral oil or chlorinated solvent, is used instead of water to wash a tank, its discharge shall be governed by the provisions of either Annex I or Annex II which would apply to the medium had it been carried as cargo. Tank washing procedures involving the use of such a medium shall be set out in the Manual and be approved by the Administration. 5.2 When small amounts of cleaning additives (detergent products] are added to water in order to facilitate tank washings, no additives containing pollution category X components shall be used except those components that are readily 4527 BRUNEI DARUSSALAM GOVERNMENT GAZETTE biodegradable and present in a total concentration of less than 10% of the cleaning additive. No restrictions additional to those applicable to the tank due to the previous cargo shall apply. 6 Discharge of residues of category X 6.1 Subject to the provision of paragraph 1, the following provisions shall apply: .1 A tank from which a substance in category X has been unloaded shall be prewashed before the ship leaves the port of unloading. The resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility, as indicated by analyses of samples of the effluent taken by the surveyor I as at or below 0.1 % by weight. When the required concentration level has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to in regulation 16.1. .2 Any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2 . .3 Where the Government of the receiving party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept an alternative procedure as being equivalent to obtain the required concentration in regulation 13.6.1.1 provided that: .1 the tank is prewashed in accordance with a procedure approved by the Administration in compliance with Appendix 6 of this Annex; and .2 appropriate entries shall be made in the Cargo Record Book and endorsed by the surveyor referred to in regulation 16.1. 7 Discharge of residues of category Y and Z 7.1 Subject to the provision of paragraph 11 the following provisions shall apply: .1 With respect to the residue discharge procedures for substances in category Y or Z, the discharge standards in regulation 13.2 shall apply. 4528 13th. DECEMBER, 2008 .2 If the unloading of a substance of category Y or Z is not carried out in accordance with the Manual, a prewash shall be carried out before the ship leaves the port of unloading, unless alternative measures are taken to the satisfaction of the surveyor referred to in regulation 16.1 of this Annex to remove the cargo residues from the ship to quantities specified in this Annex. The resulting tank washings of the prewash shall be discharged to a reception facility at the port of unloading or another port with a suitable reception facility provided that it has been confirmed in writing that a reception facility at that port is available and is adequate for such a purpose . .3 For high-viscosity or solidifying substances in category Y, the following shall apply: .1 a prewash procedure as specified in Appendix 6 shall be applied; .2 the residue/water mixture generated during the prewash shall be discharged to a reception facility until the tank is empty; and .3 any water subsequently introduced into the tank may be discharged into the sea in accordance with the discharge standards in regulation 13.2. 7.2 Operational requirements for ballasting and deballasting 7.2.1 After unloading, and, if required, after a prewash, a cargo tank may be ballasted. Procedures for the discharge of such ballast are set out in regulation 13.2. 7.2.2 Ballast introduced into a cargo tank which has been washed to such an extent that the ballast contains less than 1 ppm of the substance previously carried may be discharged into the sea without regard to the discharge rate, ship's speed and discharge outlet location, provided that the ship is not less than 12 nautical miles from the nearest land and in water that is not less than 25 metres deep. The required degree of cleanliness has been achieved when a prewash as specified in Appendix 6 has been carried out and the tank has been subsequently washed with a complete cycle of the cleaning machine for ships built before 1st. July, 1994 or with a water quantity not less than that calculated with k = 1.0. 7.2.3 The discharge into the sea of clean or segregated ballast shall not be subject to the requirements of this Annex. 8 Discharges in the Antarctic Area 8.1 Antarctic Area means the sea area south of latitude 60° S. 4529 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 8.2 In the Antarctic Area any discharge into the sea of noxious liquid substances or mixtures containing such substances is prohibited. Regulation 14 Procedures and Arrangements Manual 1 Every ship certified to carry substances of category X, Y or Z shall have on board a Manual approved by the Administration. The Manual shall have a standard format in compliance with Appendix 4 to this Annex. In the case of a ship engaged in international voyages on which the language used is not English, French or Spanish, the text shall include a translation into one of these languages. 2 The main purpose of the Manual is to identify for the ship's officers the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling and cargo tank ballasting and deballasting which must be followed in order to comply with the requirements of this Annex. Regulation 15 Cargo Record Book 1 Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether as part of the ship's official log-book or otherwise, in the form specified in Appendix 2 to this Annex. 2 After completion of any operation specified in Appendix 2 to this Annex, the operation shall be promptly recorded in the Cargo Record Book. 3 In the event of accidental discharge of a noxious liquid substance or a mixture containing such a substance or a discharge under the provisions of regulation 3 of this Annex, an entry shall be made in the Cargo Record Book stating the circumstances of, and the reason for, the discharge. 4 Each entry shall be signed by the officer or officers in charge of the operation concerned and each page shall be signed by the master of the ship. The entries in the Cargo Record Book for ships holding an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or a certificate referred to in regulation 7 of this Annex, shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy. 5 The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, 4530 13th. DECEMBER, 2008 shall be kept on board the ship. It shall be retained for a period of 3 years after the last entry has been made. 6 The competent authority of the Government of a Party may inspect the Cargo Record Book on board any ship to which this Annex applies while the ship is in its port, and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship's Cargo Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Cargo Record Book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed. CHAPTER 6 MEASURES OFCONTROL BY PORT STATES Regulation 16 Measures of control 1 The Government of each Party to the Convention shall appoint or authorize surveyors for the purpose of implementing this regulation. The surveyors shall execute control in accordance with control procedures developed by the Organisation. * 2 When a surveyor appointed or authorized by the Government of the Party to the Convention has verified that an operation has been carried out in accordance with the requirements of the Manual, or has granted an exemption for a prewash, then that surveyor shall make an appropriate entry in the Cargo Record Book. 3 The master of a ship certified to carry noxious liquid substances in bulk shall ensure that the provisions of regulation 13 and of this regulation have been complied with and that the Cargo Record Book is completed in accordance with regulation 15 whenever operations as referred to in that regulation take place. 4 A tank which has carried a category X substance shall be prewashed in accordance with regulation 13.6. The appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to under paragraph 1 of this regulation. * Refer to the Procedures for port State control adopted by the Organisation by resolution A.787(19) as amended by resolution A.882(21) and as may be further amended. 4531 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 5 Where the Government of the receiving Party is satisfied that it is impracticable to measure the concentration of the substance in the effluent without causing undue delay to the ship, that Party may accept the alternative procedure referred to in regulation 13.6.3 provided that the surveyor referred to under paragraph 1 of this regulation certifies in the Cargo Record Book that: .1 the tank, its pump and piping systems have been emptied; and .2 the prewash has been carried out in accordance with the provisions of Appendix 6 of this Annex; and .3 the tank washings resulting from such prewash have been discharged to a reception facility and the tank is empty. 6 At the request of the ship's master, the Government of the receivmg Party may exempt the ship from the requirements for a prewash referred to in the applicable paragraphs of regulation 13 when one of the conditions of regulation 13.4 is met. 7 An exemption referred to in paragraph 6 of this regulation may only be granted by the Government of the receiving Party to a ship engaged in voyages to ports or terminals under the jurisdiction of other States Parties to the present Convention. When such an exemption has been granted, the appropriate entry made in the Cargo Record Book shall be endorsed by the surveyor referred to in paragraph 1 of this regulation. 8 If the unloading is not carried out in accordance with the pumping conditions for the tank approved by the Administrations and based on Appendix 5 of this Annex, alternative measures may be taken to the satisfaction of the surveyor referred to in paragraph 1 of this regulation to remove the cargo residues from the ship to quantities specified in regulation 12 as applicable. The appropriate entries shall be made in the Cargo Record Book. 9 Port State control on operational requirements* 9.1 A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by noxious liquid substances. 9.2 In the circumstances given in paragraph 9.1 of this regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex. * Refer to the Procedures for port State control adopted by the Organisation by resolution A.787( 191 as amended by resolution A.882(21) and as may be further amended 4532 13th. DECEMBER, 2008 9.3 Procedures relating to the port State control prescribed in Article 5 of the present Convention shall apply to this regulation. 9.4 Nothing in this regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention. CHAPTER 7 PREVENTION OF POLLUTION ARISING FROM AN INCIDENT INVOLVING NOXIOUS LIQUID SUBSTANCES Regulation 17 Shipboard marine pollution emergency plan for noxious liquid substances 1 Every ship of 150 gross tonnage and above certified to carry noxious liquid substances in bulk shall carryon board a shipboard marine pollution emergency plan for noxious liquid substances approved by the Administration. 2 Such a plan shall be based on the Guidelines * developed by the Organisation and written in a working language or languages understood by the master and officers. The plan shall consist at least of: .1 the procedure to be followed by the master or other persons having charge of the ship to report a noxious liquid substances pollution incident, as required in Article 8 and Protocol I of the present Convention, based on the Guidelines developed by the Organisation:" .2 the list of authorities or persons to be contacted in the event of a noxious liquid substances pollution incident; .3 a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of noxious liquid substances following the incident; and * Refer to "Guidelines for the development of shipboard marine pollution emergency plans for oil and/ or noxious liquid substances" adopted by the Marine Environment Protection Committee of the Organisation by resolution MEPC.85(44), as amended by resolution MEPC.137(53). t Refer to General principles for ship reporting systems and ship reporting requirements, including guidelines for reporting incidents involving dangerous goods, harmful substances and/or marine pollutants, adopted by the Organisation by resolution A.851(20), as amended by resolution MEPC.138(53). 4533 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .4 the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution. 3 In the case of ships to which regulation 37 of Annex I of the Convention also applies, such a plan may be combined with the shipboard oil pollution emergency plan required under regulation 37 of Annex I of the Convention. In this case, the title of such a plan shall be "Shipboard marine pollution emergency plan". CHAPTER 8 RECEPTION FACILITIES Regulation 18 Reception facilities and cargo unloading terminal arrangements 1 The Government of each Party to the Convention undertakes to ensure the provision of reception facilities according to the needs of ships using its ports, terminals or repair ports as follows: .1 ports and terminals involved in ships' cargo handling shall have adequate facilities for the reception of residues and mixtures containing such residues of noxious liquid substances resulting from compliance with this Annex, without undue delay for the ships involved. .2 ship repair ports undertaking repairs to NLS tankers shall provide facilities adequate for the reception of residues and mixtures containing noxious liquid substances for ships calling at that port. 2 The Government of each Party shall determine the types of facilities provided for the purpose of paragraph 1 of this regulation at each cargo loading and unloading port, terminal and ship repair port in its territories and notify the Organisation thereof. 3 The Governments of Parties to the Convention, the coastlines of which border on any given special area, shall collectively agree and establish a date by which time the requirement of paragraph 1 of this regulation will be fulfilled and from which the requirements of the applicable paragraphs of regulation 13 in respect of that area shall take effect and notify the Organisation of the date so established at least six months in advance of that date. The Organisation shall then promptly notify all Parties of that date. 4534 13th. DECEMBER, 2008 4 The Government of each Party to the Convention shall undertake to ensure that cargo unloading terminals shall provide arrangements to facilitate stripping of cargo tanks of ships unloading noxious liquid substances at these terminals. Cargo hoses and piping systems of the terminal, containing noxious liquid substances received from ships unloading these substances at the terminal, shall not be drained back to the ship. 5 Each Party shall notify the Organisation, for transmission to the Parties concerned, of any case where facilities required under paragraph 1 or arrangements required under paragraph 3 of this regulation are alleged to be inadequate. 4535 BRUNEI DARUSSALAM GOVERNMENT GAZETTE APPENDIX 1 GUIDELINES FOR THE CATEGORIZATION OF NOXIOUS LIQUID SUBSTANCES· Products are assigned to pollution categories based on an evaluation of their properties as reflected in the resultant GESAMP Hazard Profile as shown in the table below: Rule Al A2 BI B2 D3 E2 Cat Bio- Bio- Acute Chronic Long-term Effects on accumulation degradtion toxicity toxicity health marine effects wildlife and on benthic habitats I ~5 2 ~4 4 X 3 NR 4 4 ~4 NR CMRTNI 5 4 6 3 7 2 I 8 ~4 NR Not 0 y 9 ~1 Fp, For S 10 if not inorganic 11 CMRTNI 12 Any product not meeting the criteria of rules 1 to 11 and 13 Z All products identified as: ~2 in column AI; R in column A2; 13 blank in column D3; not Fp, For S (if not organic) in column E2; OS and 0 (zero) in all other columns of GESAMP Hazard Profile * Reference is made to MEPC.1/Circ. 512 on the Revised Guidelines for the provisional assessment of liquid substances transported in bulk. 4536 13th. DECEMBER, 2008 Abbreviated legendto the revised GESAMP Hazard Evaluation Procedure Columns Aand B - Aquaticenvironment A B Numerical Bioaccumulation and biodegradation Aquatic toxicity .. - . . rating AI" AZ' ur' HZ' Bioaccumulation Biodegradation Acute toxicity Chronic toxicity LogPow BCF LCIEC/ICso(mg/~ NOEe (mg/~ 0 < I or> ca. 7 not measurable R: readily > 1000 > I I ~1-<2 ~I -< 10 biodegradable > 100- ::::1000 > 0.1- ::::1 2 ~2-<3 ~10- < 100 NR: not readily > 10 - ::::100 > 0.01 - ::::0.1 3 ~3-<4 ~100- < 500 biodegradable > 1 - ::::10 > 0.00] - ::::0.01 4 ~4-< 5 ~500 - < 4000 inorg: inorganic >0.1- ::::] ::::0.001 5 ~5 - < ca. 7 ~4000 substance > 0.01 - ::::0.1 6 ::::0.01 Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure [coatinued} Columns C and D - Human health (Toxic effects to mammals) C D Acutemammalian toxicity Irritation, corrosion & long-term health effects Numerical C3rating Cl CZ Dl DZ , Inhalation Skin Eye D3Oral toxicity Percutaneous Long-term health LDso (mg/kg) toxicity toxicity irritation & irritation & effects LDso (mg/kg) LCso (mg/~ corrosion corrosion 0 > 2000 > 2000 > 20 not irritating not irritating C Carcinogen M - Mutagenic R Reprotoxic 1 > 300-9000 > 1000 - ~2000 > 10-90 mildly mildly S Sentising irritating irritating A Aspiration hazard 2 > 50 - ~300 > 200 - ~IOOO >2-~10 irritating irritating T Target organ systemic 3 > 5 -~50 > 50 -~200 > 0.5 - ~2 severely severely toxicity irritating or irritating L Lung injury corrosive N Neurotoxic 3A Corr. (:54h) I lmmuno 3B Corr. (~Ih) toxic 3C Corr. (~3h) 4 ~5 ~50 ~0.5 * These columns are used to define pollution categories. 4537 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Abbreviated legend to the revised GESAMP Hazard Evaluation Procedure (continued) Column E - Interferences with other uses of the sea El EZ' E3 Tainting Physical effects on Interference with coastal amenities wildlife & benthic habitats Numerical rating Description & action NT: not tainting Fp: Persistent floater 0 no interference (tested) F: Floater no warning T: tainting test S: Sinking substances slightly objectionable positive 1 warning, no closure of amenity 2 moderate objectionable possible closure of amenity 3 highly objectionable closure of amenity * These columns are used to define pollution categories. APPENDIX 2 FORM OF CARGO RECORD BOOK FOR SHIPS CARRYING NOXIOUS LIQUID SUBSTANCES IN BULK CARGO RECORD BOOK FOR SHIPS CARRYING NOXIOUS LIQUID SUBSTANCES IN BULK Name of ship . Distinctive number or letters . IMO Number . Gross tonnage . Period from to . Narne of ship . Distinctive number or letters . 4538 13th. DECEMBER, 2008 PLAN VIEW OF CARGO AND SLOP TANKS (to be completed on board) Identification of the tanks Capacity Pump-room (Give the capacity of each tank ill cubic metres) INTRODUCTION The following pages show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Cargo Record Book on a tank-to-tank basis in accordance with regulation 15.2 of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as amended. The items have been grouped into operational sections, each of which is denoted by a letter. 4539 BRUNEI DARUSSALAM GOVERNMENT GAZETTE When making entries in the Cargo Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces. Each completed operation shall be signed for and dated by the officer or officers in charge and, if applicable, by a surveyor authorized by the competent authority of the State in which the ship is unloading. Each completed page shall be countersigned by the master of the ship. LIST OF ITEMS TO BE RECORDED Entries are required only for operations involving all categories of substances. (A) Loadingof cargo 1 Place of loading. 2 Identify tank(s), name of substance(s) and category(ies). (B) Internal transfer of cargo 3 Name and category of cargo(es) transferred. 4 Identity of tanks . .1 from: .2 to: 5 Was (were) tank(s) in 4.1 emptied? 6 If not, quantity remaining in tank(s). (e) Unloadingof cargo 7 Place of unloading. 8 Identity of tank(s) unloaded. 9 Was (were) tankjs] emptied? .1 If yes, confirm that the procedure for emptying and stripping has been performed in accordance with the ship's Procedures and Arrangements Manual [i.e. list, trim, stripping temperature) . .2 If not, quantity remaining in tank(s). 4540 13th. DECEMBER, 2008 10 Does the ship's Procedures and Arrangements Manual require a prewash with subsequent disposal to reception facilities? 11 Failure of pumping and/or stripping system: .1 time and nature of failure; .2 reasons for failure; .3 time when system has been made operational. (D] Mandatory prewash in accordance with the ship's Procedures and Arrangements Manual 12 Identify tank(s), substancejs] and category(iesJ. 13 Washing method: .1 number of washing machines per tank; .2 duration of wash/washing cycles; .3 hot/cold wash. 14 Prewash slops transferred to: .1 reception facility in unloading port (identify port) *; .2 reception facility otherwise (identify port). (E' Cleaning of cargo tanks exceptmandatory prewash (other prewash operations, final wash, ventilation etc.] 15 State time, identify tank(s), substance(s) and category(ies) and state: .1 washing procedure used; .2 cleaning agentjs) (identify agent(s) and quantities); .3 ventilation procedure used (state number of fans used, duration of ventilationJ. * Ship's masters should obtain from the operator of the reception facilities, which include barges and tank trucks, a receipt or certificate specifying the quantity of tank washings transferred, together with the time and date of the transfer. The receipt or certificate should be kept together with the Cargo Record Book. 4541 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 16 Tank washings transferred: .1 into the sea; .2 to reception facility (identify port) *; .3 to slops collecting tank (identify tank). (F) Discharge into the sea of tank washings 17 Identify tank(s): .1 Were tank washings discharged during cleaning of tank(s)? If so, at what rate? .2 Were tank washing(s) discharged from a slops collecting tank? If so, state quantity and rate of discharge. 18 Time pumping commenced and stopped. 19 Ship's speed during discharge. (G) Ballastingof cargo tanks 20 Identity of tank(s) ballasted. 21 Time at start of ballasting. (H) Discharge of ballast water from cargo tanks 22 Identity of tank(s). 23 Discharge of ballast: .1 into the sea; .2 to reception facilities (identify port) *. 24 Time ballast discharge commenced and stopped. 25 Ship's speed during discharge. * Ship's masters should obtain from the operator of the reception facilities, which include barges and tank trucks, a receipt or certificate specifying the quantity of tank washings transferred, together with the time and date of the transfer. The receipt or certificate should be kept together with the Cargo Record Book. 4542 13th. DECEMBER, 2008 (I) Accidental or other exceptional discharge 26 Time of occurrence. 27 Approximate quantity, substance(s) and category(ies). 28 Circumstances of discharge or escape and general remarks. m Control by authorized surveyors 29 Identify port. 30 Identify tank(s), substance(s) I category(ies) discharged ashore. 31 Have tankjs], pump]s], and piping system(s) been emptied? 32 Has a prewash in accordance with the ship's Procedures and Arrangements Manual been carried out? 33 Have tank washings resulting from the prewash been discharged ashore and is the tank empty? 34 An exemption has been granted from mandatory prewash. 35 Reasons for exemption. 36 Name and signature of authorized surveyor. 37 Organization, company, government agency for which surveyor works. (K) Additional operational proceduresand remarks NAME OF SHIP . DISTINCTIVE NUMBER OR LETTERS .. IMO NUMBER . 4543 BRUNEI DARUSSALAM GOVERNMENT GAZETTE CARGO/BALLAST OPERATIONS Record of operations/signature of Date Code (letter) Item (number) officer in charge/name of and signature of authorized surveyor Signature of master . 4544 13th. DECEMBER, 2008 APPENDIX 3 FORM OFINTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK* INTERNATIONAL POLLUTION PREVENTION CERTIFICATE FOR THE CARRIAGE OF NOXIOUS LIQUID SUBSTANCES IN BULK Issued under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and as amended (hereinafter referred to as "the Convention") under the authority of the Government of: (full official designation of the country) by . (full designation of the competent person or organization authorized under the provisions of the Convention) Particulars of ship Name of ship . Distinctive number or letters . IMO Number" . Port of registry . Gross tonnage . * The NLS Certificate shall be at least in English, French or Spanish. Where entries in an official national language of the State whose flag the ship is entitled to fly are also used, this shall prevail in case of a dispute or discrepancy. t Refer to the IMO Ship Identification Number Scheme adopted by the Organisation by resolution A.600(15). 4545 BRUNEI DARUSSALAM GOVERNMENT GAZETTE THIS IS TO CERTIFY: 1 That the ship has been surveyed in accordance with regulation 8 of Annex II of the Convention. 2 That the survey showed that the structure, equipment, systems, fittings, arrangements and material of the ship and the condition thereof are in all respects satisfactory and that the ship complies with the applicable requirements of Annex II of the Convention. 3 That the ship has been provided with a Procedures and Arrangements Manual as required by regulation 14 of Annex II of the Convention, and that the arrangements and equipment of the ship prescribed in the Manual are in all respects satisfactory. 4 That the ship complies with the requirements of Annex II to MARPOL 73/78 for the carriage in bulk of the following noxious liquid substances, provided that all relevant operational provisions of Annex II are observed. Noxious liquid Conditions of carriage Pollution substances (tank numbers etc.] category Continued on additional signed and dated sheets This certificate is valid until (dd/mm/yyyy): . subject to surveys in accordance with regulation 8 of Annex II of the Convention. Completion date of the survey on which this certificate is based (dd/mm/yyyy): . Issued at: . (Place of issue of certificate) (dd/mm/yyyy) . (Date of issue) (Signature of duly authorized official issuing the certificate) (Seal or stamp of the issuing authority, as appropriate) 4546 13th. DECEMBER, 2008 ENDORSEMENT FOR ANNUAL AND INTERMEDIATE SURVEYS THIS IS TO CERTIFY that at a survey required by regulation 8 of Annex II of the Convention, the ship was found to comply with the relevant provisions of the Convention: Annual survey: Signed: . (Signature of duly authorized official) Place: . Date [dd/mrn/yyyy): .. (Seal or stamp of the authority, as appropriate) Annual/Intermediate * survey: Signed: .. (Signature of duly authorized official) Place: c •••••••••••••••••••••••••••••• Date (dd/mm/yyyy): .. (Seal or stamp of the authority, as appropriate) Annual/Intermediate* survey: Signed: . (Signature of duly authorized official) Place: . Date (dd/mm/yyyy): .. Annual survey: (Seal or stamp of the authority, as appropriate) Signed: (Signature of duly authorized official) Place: Date (dd/mm/yyyy): . (Seal or stamp of the authority, as appropriate) * Delete as appropriate. 4547 BRUNEI DARUSSALAM GOVERNMENT GAZETTE ANNUALIINTERMEDIATE SURVEY IN ACCORDANCE WITH REGULATION 10.8.3 THIS IS TO CERTIFY that, at an annual/intermediate* survey in accordance with regulation 10.8.3 of Annex II of the Convention, the ship was found to comply with the relevant provisions of the Convention: Signed: . (Signature of duly authorized official) Place: . Date (dd/mm/yyyy): . (Seal or stamp of the authority, as appropriate) ENDORSEMENT TO EXTEND THE CERTIFICATE IF VALID FOR LESS THAN 5 YEARS WHERE REGULATION 10.3APPLIES The ship complies with the relevant provisions of the Convention, and this Certificate shall, in accordance with regulation 10.3 of Annex II of the Convention, be accepted as valid until (dd/mm/yyyy): .. Signed: . (Signature of duly authorized official) Place: . Date (dd/mm/yyyy): . (Seal or stamp of the authority, as appropriate) * Delete as appropriate. 4548 13th. DECEMBER, 2008 ENDORSEMENT WHERE THE RENEWAL SURVEY HAS BEEN COMPLETED AND REGULATION 10.4APPLIES This ship complies with the relevant provisions of the Convention, and this Certificate shall, in accordance with regulation 10.4 of Annex II of the Convention, be accepted as valid until (dd/mm/yyyy): .. Signed: . (Signature of duly authorized official) Place: . Date (dd/mm/yyyy): .: (Seal or stamp of the authority, as appropriate) ENDORSEMENT TO EXTEND THE VALIDITY OFTHE CERTIFICATE UNTIL REACHING THE PORT OF SURVEY ORFOR APERIOD OFGRACE WHERE REGULATION 10.5OR 10.6APPLIES This Certificate shall, in accordance with regulation 10.5 or 10.6 of Annex II of the Convention, be accepted as valid until (dd/mm/yyyy): .. Signed: . (Signature of duly authorized official) Place: . Date (dd/mm/yyyy): . (Seal or stamp of the authority, as appropriate) ENDORSEMENT FOR ADVANCEMENT OF ANNIVERSARY DATE WHERE REGULATION 10.8APPLIES In accordance with regulation 10.8 of Annex II of the Convention, the new anniversary date is (dd/mm/yyyy): .. Signed: . (Signature of duly authorized official) Place: . Date (dd/mm/yyyy): .. (Seal or stamp of the authority, as appropriate) 4549 BRUNEI DARUSSALAM GOVERNMENT GAZETTE In accordance with regulation 10.8 of Annex II of the Convention, the new anniversary date is (dd/mm/yyyy): .. Signed: . (Signature of duly authorized official) Place: Date (dd/mm/yyyy): . (Seal or stamp of the authority, as appropriate) APPENDIX 4 STANDARD FORMAT FOR THE PROCEDURES AND ARRANGEMENTS MANUAL Note 1: The format consists of a standardised introduction and index of the leading paragraphs to each section. This standardised part shall be reproduced in the Manual of each ship. It shall be followed by the contents of each section as prepared for the particular ship. When a section is not applicable, "NA" shall be entered, so as not to lead to any disruption of the numbering as required by the standard format. Where the paragraphs of the standard format are printed in italics, the required information shall be described for that particular ship. The contents will vary from ship to ship because of design, trade and intended cargoes. Where the text is not in italics, that text of the standard format shall be copied into the Manual without any modification. Note 2: If the Administration requires or accepts information and operational instructions in addition to those outlined in this Standard Format, they shall be included in Addendum D of the Manual. STANDARD FORMAT MARPOL 73/78ANNEX II PROCEDURES AND ARRANGEMENTS MANUAL Name of ship: Distinctive number or letters: . IMO Number: . Port of registry: . Approval stamp of Administration: 4550 13th. DECEMBER, 2008 INTRODUCTION 1 The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as MARPOL 73/78) was established in order to prevent the pollution of the marine environment by discharges into the sea from ships of harmful substances or effluents containing such substances. In order to achieve its aim, MARPOL 73/78 contains six Annexes in which detailed regulations are given with respect to the handling on board ships and the discharge into the sea or release into the atmosphere of six main groups of harmful substances, i.e. Annex I (Mineral oils), Annex II (Noxious liquid substances carried in bulk), Annex III (Harmful substances carried in packaged forms), Annex IV (Sewage), Annex V (Garbage) and Annex VI (Air pollution). 2 Regulation 13 of Annex II of MARPOL 73/78 (hereinafter referred to as Annex II) prohibits the discharge into the sea of noxious liquid substances of Categories X, Y or Z or of ballast water, tank washings or other residues or mixtures containing such substances, except in compliance with specified conditions including procedures and arrangements based upon standards developed by the International Maritime Organisation (IMO) to ensure that the criteria specified for each Category will be met. 3 Annex II requires that each ship which is certified for the carriage of noxious liquid substances in bulk shall be provided with a Procedures and Arrangements Manual, hereinafter referred to as the Manual. 4 This Manual has been written in accordance with regulation 14 of Annex II and is concerned with the marine environmental aspects of the cleaning of cargo tanks and the discharge of residues and mixtures from these operations. The Manual is not a safety guide and reference shall be made to other publications specifically to evaluate safety hazards. 5 The purpose of the Manual is to identify the arrangements and equipment required to enable compliance with Annex II and to identify for the ship's officers all operational procedures with respect to cargo handling, tank cleaning, slops handling, residue discharging, ballasting and deballasting which must be followed in order to comply with the requirements of Annex II. 4551 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 6 In addition, this Manual, together with the ship's Cargo Record Book and the Certificate issued under Annex 11*, will be used by Administrations for control purposes in order to ensure full compliance with the requirements of Annex II by this ship. 7 The master shall ensure that no discharges into the sea of cargo residues or residue/water mixtures containing Category X, Y or Z substances shall take place, unless such discharges are made in full compliance with the operational procedures contained in this Manual. 8 This Manual has been approved by the Administration and no alteration or revision shall be made to any part of it without the prior approval of the Administration. INDEX OFSECTIONS Sections 1 Main features of MARPOL 73/78, Annex II 2 Description of the ship's equipment and arrangements 3 Cargo unloading procedures and tank stripping 4 Procedures relating to the cleaning of cargo tanks, the discharge of residues, ballasting and deballasting 5 Information and procedures '" Include only the Certificate issued to the particular ship: i.e. The International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk or the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. 4552 13th. DECEMBER, 2008 SECTION 1 MAIN FEATURES OFMARPOL 73/78, ANNEX II 1.1 The requirements of Annex II apply to all ships carrying noxious liquid substances in bulk. Substances posing a threat of harm to the marine environment are divided into three categories, X, Y and Z. Category X substances are those posing the greatest threat to the marine environment, whilst Category Z substances are those posing the smallest threat. 1.2 Annex II prohibits the discharge into the sea of any effluent containing substances falling under these categories, except when the discharge is made under conditions which are specified in detail for each category. These conditions include, where applicable, such parameters as: .1 the maximum quantity of substances per tank which may be discharged into the sea; .2 the speed of the ship during the discharge; .3 the minimum distance from the nearest land during discharge; .4 the minimum depth of water at sea during discharge; and .5 the need to effect the discharge below the waterline. 1.3 For certain sea areas identified as "special areas" more stringent discharge criteria apply. Under Annex II the special area is the Antarctic area. 1.4 Annex II requires that every ship is provided with pumping and piping arrangements to ensure that each tank designated for the carriage of Category X, Y and Z substances does not retain after unloading a quantity of residue in excess of the quantity given in the Annex. For each tank intended for the carriage of such substances an assessment of the residue quantity has to be made. Only when the residue quantity as assessed is less than the quantity prescribed by the Annex maya tank be approved for the carriage of a Category X, Y or Z substance. 1.5 In addition to the conditions referred to above, an important requirement contained in Annex II is that the discharge operations of certain cargo residues 4553 BRUNEI DARUSSALAM GOVERNMENT GAZETTE and certain tank cleaning and ventilation operations may only be carried out in accordance with approved procedures and arrangements. 1.6 To enable the requirement of paragraph 1.5 to be met, this Manual contains in section 2 all particulars of the ship's equipment and arrangements, in section 3 operational procedures for cargo unloading and tank stripping and in section 4 procedures for discharge of cargo residues, tank washing, slops collection, ballasting and deballasting as may be applicable to the substances the ship is certified to carry. 1.7 By following the procedures as set out in this Manual, it will be ensured that the ship complies with all relevant requirements of Annex II to MARPOL 73/78. SECTION 2 DESCRIPTION OFTHE SHIP'SEQUIPMENT AND ARRANGEMENTS 2.1 This section contains all particulars of the ship's equipment and arrangements necessary to enable the crew to follow the operational procedures set out in sections 3 and 4. 2.2 General arrangement of ship and description of cargo tanks This section should contain a brief description of the cargo area of the ship with the main features of the cargo tanks and their positions. Line or schematic drawings showing the general arrangement of the ship and indicating the position and numbering of the cargo tanks and heating arrangements shall be included. 2.3 Descriptionof cargo pumping and piping arrangements and stripping system This section shall contain a description of the cargo pumping and pip.r...g arrangements and of the stripping system. Line or schematic drawings shall be provided showing the following and be supported by textual explanation where necessary: .1 cargo piping arrangements with diameters; .2 cargo pumping arrangements with pump capacities; 4554 13th. DECEMBER, 2008 .3 piping arrangements of stripping system with diameters; .4 pumping arrangements of stripping system with pump capacities; .5 location of suction points of cargo lines and stripping lines inside ever}' cargo tank; .6 if a suction well is fitted, the location and cubic capacity thereof .7 line draining and stripping or blowing arrangements; and .8 quantity and pressure of nitrogen or air required for line blowing if applicable. 2.4 Description of ballast tanks and ballast pumping and piping arrangements This section shall contain a description of the ballast tanks and ballast pumping and piping arrangements. Line or schematic drawings and tables shall be provided showing the following: .1 a general arrangement showing the segregated ballast tanks and cargo tanks to be used as ballast tanks together with their capacities (cubic metres); .2 ballast piping arrangement; .3 pumping capacity for those cargo tanks which may also be used as ballast tanks; and .4 any interconnection between the ballast piping arrangements and the underwater outlet systpm. 2.5 Description of dedicated slop ta.nh w;th associated pumping and pipbg arrangements Thi: section shall contain a description c( the dedicated s./op tanhis], if CU1~J, with the associated pumping and piping arrangements. Lin: or sc': l ':;r..,";~ drawings shall be provided shewing the (ollowing . .1 which dedicated slop tanks are provided together with the capacities r)f such tanhs: 4555 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .2 pumping and piping arrangements of dedicated slop tanks with piping diameters and their connection with the underwater discharge outlet. 2.6 Description of underwater discharge outlet for effluents containing noxious liquid substances This section shall contain information on position and maximum flow capacity of the underwater discharge outlet (or outlets) and the connections to this outlet from the cargo tanks and slop tanks. Line or schematic drawings shall be provided showing the following: .1 location and number of underwater discharge outlets; .2 connections to underwater discharge outlet; .3 location of all seawater intakes in relation to underwater discharge outlets. 2.7 Description of flowrate indicatingand recording devices [Deleted] 2.8 Description of cargo tank ventilationsystem This section shall contain a description of the cargo tank ventilation system. Line or schematic drawings and tables shall be provided showing the following and supported by textual explanation if necessary: .1 the noxious liquid substances the ship is certified fit to carry having a vapour pressure over 5 kPa at 20°C suitable for cleaning by ventilation to be listed in paragraph 4.4.10 of the Manual; .2 ventilation piping and fans; .3 position of the ventilation openings; .4 the minimum flow rate of the ventilation system to adequately ventilate the bottom and all parts of the cargo tank; .5 the location of structures inside the tank affecting ventilation; .6 the method of ventilating the cargo pipeline system, pumps, filters etc.; and .7 means for ensuring that the tank is dry. 4556 13th. DECEMBER, 2008 2.9 Description of tank washing arrangementsand wash water heatingsystem This section shall contain a description of the cargo tank washing arrangements, wash water heating system and all necessary tank washing equipment. Line or schematic drawings and tables or charts shall be provided showing the following: .1 arrangements of piping dedicated for tank washing with pipeline diameters; .2 type of tank cleaning machines with capacities and pressure rating; .3 maximum number of tank cleaning machines which can operate simultaneously; .4 position of deck openings for cargo tank washing; .5 the number of cleaning machines and their location required for ensuring complete coverage of the cargo tank walls; .6 maximum capacity of wash water which can be heated to 60°C by the installed heating equipment; and .7 maximum number of tank cleaning machines which can be operated simultaneously at 60°C. SECTION 3 CARGO UNLOADING PROCEDURES AND TANK STRIPPING 3.1 This section contains operational procedures in respect of cargo unloading and tank stripping which must be followed in order to ensure compliance with the requirements of Annex II. 3.2 Cargo unloading This section shall contain procedures to be followed including the pump and cargo unloading and suction line to be used for each tank. Alternative methods may be given. The method of operation of the pump or pumps and the sequence of operation of all valves shall be given. 4557 BRUNEI DARUSSALAM GOVERNMENT GAZETTE The basic requirement is to unload the cargo to the maximum extent. 3.3 Cargo tank stripping This section shall contain procedures to be followed during the stripping of each cargo tank. The procedures shall include the following: .1 operation of stripping system; .2 list and trim requirements; .3 line draining and stripping or blowing arrangements if applicable; and .4 duration of the stripping time of the water test. 3.4 Cargo temperature This section shall contain information on the heating requirements of cargoes which have been identified as being required to be at a certain minimum temperature during unloading. Information shall be given on control of the heating system and the method of temperature measurement. 3.5 Procedures to be followed when a cargo tank cannot be unloaded in accordance with the required procedures This section shall contain information on the procedures to be followed in the event that the requirements contained in sections 3.3 and/or 3.4 cannot be met due to circumstances such as the following: .1 failure of cargo tank stripping system; and .2 failure of cargo tank heating system. Cargo Record Book The Cargo Record Book shall be completed in the appropriate places on completion of any cargo operation. 4558 13th. DECEMBER, 2008 SECTION 4 PROCEDURES RELATING TO THE CLEANING OFCARGO TANKS/ THE DISCHARGE OF RESIDUES/ BALLASTING AND DEBALLASTING 4.1 This section contains operational procedures in respect of tank cleaning, ballast and slops handling which must be followed in order to ensure compliance with the requirements of Annex II. 4.2 The following paragraphs outline the sequence of actions to be taken and contain the information essential to ensure that noxious liquid substances are discharged without posing a threat of harm to the marine environment. 4.3 [Deleted] 4.4 The information necessary to establish the procedures for discharging the residue of the cargo, cleaning, ballasting and deballasting the tank, shall take into account the following: .1 Category of substance The category of the substance should be obtained from the relevant Certificate . .2 Stripping efficiency of tank pumping system The contents of this section will depend on the design of the ship and whether it is a new ship or existing ship. (See flow diagrams and pumping/stripping requirements) .3 Vessel within or outside special area This section shall contain instructions on whether the tank washings can be discharged into the sea within a special area (as defined in section 1.3) or outside a special area. The different requirements shall be made clear and will depend on the design and trade of the ship. No discharges into the sea of residues of noxious liquid substances, or mixtures containing such substances, are allowed within the Antarctic area (the sea area south of latitude of 60 0S). 4559 BRUNEI DARUSSALAM GOVERNMENT GAZETTE .4 Solidifying or high-viscosity substance The properties of the substance should be obtained from the shipping document. .5 Miscibility in water [Deleted] .6 Compatibility with slopscontaining other substances This section shall contain instructions on the permissible and non permissible mixing of cargo slops. Reference should be made to compatibility guides . .7 Discharge to reception facility This section shall identify those substances the residues of which are required to be prewashed and discharged to a reception facility . .8 Discharging into the sea This section shall contain information on the factors to be considered in order to identify whether the residue/water mixtures are permitted to be discharged into the sea. .9 Use of cleaningagentsor additives This section shall contain information on the use and disposal of cleaning agents (e.g. solvents used for tank cleaning) and additives to tank washing water (e.g. detergents) . .10 Use of ventilation procedures for tank cleaning This section shall make reference to all substances suitable for the use of ventilation procedures. 4.5 Having assessed the above information, the correct operational procedures to be followed should be identified using the instructions and flow diagram of section 5. Appropriate entries shall be made in the Cargo Record Book indicating the procedure adopted. SECTION 5 INFORMATION AND PROCEDURES This section shall contain procedures, which will depend on the age of the ship and pumping efficiency. Examples of flow diagram referred to in this section are given at Addendum A and incorporate comprehensive requirements applicable to both new and existing ships. The Manual for a particular ship shall only contain those requirements specifically applicable to that ship. 4560 13th. DECEMBER, 2008 Information relating to melting point and viscosity, for those substances which have a melting point equal to or greater than O°C or a viscosity equal to or greater than 50 mf'as at 20°C, should be obtained from the shipping document. For substances allowed to be carried, reference is made to the relevant Certificate. The Manual shall contain: Table 1 Table 2 Addendum A Addendum B Addendum C Addendum D [Deleted] Cargo tank information. Flow diagram. Prewash procedures. Ventilation procedures. Additional information and operational instructions when required or accepted by the Administration. Outlines of the above table and addenda are shown below. Table 2 - Cargo tank information Tank no.' Capacity (m3) Strippingquantity (lit res) *Tank numbers should be identical to those in the ship's Certificate of Fitness. 4561 BRUNEI DARUSSALAM GOVERNMENT GAZETTE AddendumA Flow diagrams - Cleaning of cargo tanks and disposal of tank washings/ballast containing residues of categoryX, Yand L S~l.)stances Note 1: This flow diagram shows the basic requirements applicable to all age groups of ships and is for guidance only. Note 2: All discharges into the sea are regulated by Annex II. No:e 3: Within the Antarctic area, any discharge into the sea of noxIOUS licnid substances or mixtures containing such substances is prohibited. n-~~r~-:-'-~~;: --~----I j .),sL""'bL ,-".I". anu il piping «, max''',.", , No Yes Yes Residue is OS Residue is Cat. Y No Residue is Cat. Z 4562 13th. DECEMBER, 2008 Ship details Stripping requirements (in litres] Category X Category Y Category Z New ships: keel laid after 75 75 75 1st. January, 2007 IBC ships until 100 + 50 100 + 50 300 + 50 1st. January, 2007 tolerance tolerance tolerance BCH ships 300 + 50 300 + 50 900 + 50 tolerance tolerance tolerance Other ships: keel laid Empty to the before 1st. January, 2007 N/A N/A most possible extent 4563 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Cleaning and disposal procedures (CDP) [Start at the top of the column under the CDP number specified and complete each item procedure in the sequence where marked) Procedure number No. Operation 1(a) l[b) 2(a) 2(b) 3 1 Strip tank and piping to maximum extent, at least in X X X X X compliance with the procedures in section 3 of this Manual 2 Apply prewash in accordance with Addendum B of X X this Manual and discharge residue to reception facility 3 Apply subsequent wash, additional to the prewash, with: a complete cycle of the cleaning machine(s) (for X ships built before 1st. July, 1994) a water quantity not less than calculated with "h" - 1.0 (for ships built on or after 1st. July, 1994) 4 Apply ventilation procedure in accordance with X Addendum C of this Manual 5 Ballast tanks and wash tank to commercial standards X X X X 6 Ballast added to tank X 7 Condition for discharge of ballast/residue/water mixtures other than prewash: .1 distance from land> 12 nautical miles X X X .2 ship's speed> 7 knots X X X .3 water depth > 25 metres X X X .4 Using underwater discharge (not exceeding permissible discharge ratel X X 8 Conditions for discharge of ballast: .1 distance from land> 12 nautical miles X .2 water depth > 25 metres X 9 Any water subsequently introduced into a tank may X X X X X be discharged into the sea without restrictions 4564 13th. DECEMBER, 2008 Addendum B Prewash procedures This Addendum to the Manual shall contain prewash procedures based on Appendix 6 of Annex II. These procedures shall contain specific requirements for the use of the tank washing arrangements and equipment provided on the particular ship and include the following: .1 cleaning machine positions to be used; .2 slops pumping out procedure; .3 requirements for hot washing; .4 number of cycles of cleaning machine (or time); and .5 minimum operating pressures. Addendum C Ventilation procedures This Addendum to the Manual shall contain ventilation procedures based on Appendix 7 of Annex II. The procedures shall contain specific requirements for the use of the cargo tank ventilation system, or equipment, fitted on the particular ship and shall include the following: .1 ventilation positions to be used; .2 minimum flow or speed of fans; .3 procedures for ventilating cargo pipeline, pumps, filters etc.; and .4 procedures for ensuring that tanks are dry on completion. Addendum D Additional information and operational instructions required or accepted bythe Administration This Addendum to the Manual shall contain additional information and operational instructions required or accepted by the Administration. 4565 BRUNEI DARUSSALAM GOVERNMENT GAZETTE APPENDIX 5 ASSESSMENT OF RESIDUE QUANTITIES IN CARGO TANKS, PUMPS AND ASSOCIATED PIPING 1 INTRODUCTION 1.1 Purpose 1.1.1 The purpose of this Appendix is to provide the procedure for testing the efficiency of cargo pumping systems. 1.2 Background 1.2.1 The ability of the pumping system of a tank to comply with regulation 12.1, 12.2 or 12.3 is determined by performing a test in accordance with the procedure set out in section 3 of this Appendix. The quantity measured is termed the "stripping quantity". The stripping quantity of each tank shall be recorded in the ship's Manual. 1.2.2 After having determined the stripping quantity of one tank, the Administration may use the determined quantities for a similar tank, provided the Administration is satisfied that the pumping system in that tank is similar and operating properly. 2 DESIGN CRITERIA AND PERFORMANCE TEST 2.1 The cargo pumping systems should be designed to meet the required maximum amount of residue per tank and associated piping as specified in regulation 12 of Annex II to the satisfaction of the Administration. 2.2 In accordance with regulation 12.5, the cargo pumping systems shall be tested with water to prove their performance. Such water tests shall, by measurement, show that the system meets the requirements of regulation 12. In respect of regulations 12.1 and 12.2 a tolerance of 50 litres per tank is acceptable. 3 WATER PERFORMANCE TEST 3.1 Test Condition 3.1.1 The ship's trim and list shall be such as to provide favourable drainage to the suction point. During the water test the ship's trim shall not exceed 3 0 by the stern, and the ship's list shall not exceed 1 0 • 3.1.2 The trim and list chosen for the water test shall be recorded. This shall be the minimum favourable trim and list used during the water test. 3.1.3 During the water test, means shall be provided to maintain a back pressure of not less than 100 kPa at the cargo tank's unloading manifold (see Figures 5-1 and 5-2). 4566 13th. DECEMBER, 2008 3.2 Test Procedure 3.2.1 Ensure that the cargo tank to be tested and its associated piping have been cleaned and that the cargo tank is safe for entry. 3.2.2 Fill the cargo tank with water to a depth necessary to carry out normal end of unloading procedures. 3.2.3 Discharge and strip water from the cargo tank and its associated piping in accordance with the proposed procedures. 3.2.4 Collect all water remaining in the cargo tank and its associated piping into a calibrated container for measurement. Water residues shall be collected, inter alia, from the following points: .1 the cargo tank suction and its vicinity; .2 any entrapped areas on the cargo tank bottom; .3 the low point drain of the cargo pump; and .4 all low point drains of piping associated with the cargo tank up to the manifold valve. 3.2.5 The total water volumes collected above determine the stripping quantity for the cargo tank. 3.2.6 Where a group of tanks is served by a common pump or piping, the water test residues associated with the common systemjs] may be apportioned equally among the tanks provided that the following operational restriction is included in the ship's approved Manual: "For sequential unloading of tanks in this group, the pump or piping is not to be washed until all tanks in the group have been unloaded". 4567 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Cargo piping Ship's deck Cargo piping Ship's deck Figure 5-1 Test hose or pipe 'r ~10m ..............1..... Ship's side IConstant pressure valveset at 100 kPa Ship's side Figure 5-2 The above figures illustrate test arrangements that would provide a backpressure of not less than 100 kPa at the cargo tank's unloading manifold. 4568 13th. DECEMBER, 2008 APPENDIX 6 PREWASH PROCEDURES A. For ships built before 1st. July, 1994 A prewash procedure is required in order to meet certain Annex II requirements. This Appendix explains how these prewash procedures shall be performed. Prewash procedures for non-solidifying substances 1 Tanks shall be washed by means of a rotary water jet, operated at sufficiently high water pressure. In the case of Category X substances, cleaning machines shall be operated in such locations that all tank surfaces are washed. In the case of Category Y substances, only one location need be used. 2 During washing the amount of liquid in the tank shall be minimised by continuously pumping out slops and promoting flow to the suction point (positive list and trim). If this condition cannot be met, the washing procedure shall be repeated three times, with thorough stripping of the tank between washings. 3 Those substances which have a viscosity equal to or greater than 50 mPa.s at 20°C shall be washed with hot water (temperature at least 60°C), unless the properties of such substances make the washings less effective. 4 The number of cycles of the cleaning machine used shall not be less than that specified in table 6-1. A cleaning machine cycle is defined as the period between two consecutive identical orientations of the washing machine (rotation through 360°). 5 After washing, the tank cleaning machine(s) shall be kept operating long enough to flush the pipeline, pump and filter, and discharge to shore reception facilities shall be continued until the tank is empty. Prewash procedures for solidifyingsubstances 1 Tanks shall be washed as soon as possible after unloading. If possible tanks shall be heated prior to washing. 2 Residues in hatches and manholes should preferably be removed prior to the prewash. 3 Tanks shall be washed by means of a rotary water jet operated at sufficiently high water pressure and in locations to ensure that all tank surfaces are washed. 4569 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 4 During washing the amount of water in the tank shall be minimised by pumping out slops continuously and promoting flow to the suction point (positive list and trim). If this condition cannot be met, the washing procedure shall be repeated three times with thorough stripping of the tank between washings. 5 Tanks shall be washed with hot water (temperature at least 60°C) unless the properties of such substances make the washing less effective. 6 The number of cycles of the cleaning machine used shall not be less than that specified in table 6-1. A cleaning machine cycle is defined as the period between two consecutive identical orientations of the machine (rotation through 360°). 7 After washing, the cleaning machine(s) shall be kept operating long enough to flush the pipeline, pump and filter, and discharge to shore reception facilities shall be continued until the tank is empty. Table 6-1 - Number of cleaning machine cycles to be used in each location Number of cleaning machine cycles Category of substance Non-solidifying Solidifying substances substances Category X 1 2 Category Y 1. 12 B. For ships built on or after 1st. July, 1994 and recommendatory for ships built before 1st. July, 1994 A prewash procedure is required in order to meet certain Annex II requirements. This Appendix explains how these prewash procedures shall be performed and how the minimum volumes of washing media to be used shall be determined. Smaller volumes of washing media may be used based on actual verification testing to the satisfaction of the Administration. Where reduced volumes are approved an entry to that effect must be recorded in the Manual. If a medium other than water is used for prewash, the provisions of regulation 13.5.1 apply. 4570 13th. DECEMBER, 2008 Prewash procedures for non-solidifyingsubstances without recycling 1 Tanks shall be washed by means of a rotary jetts], operated at sufficiently high water pressure. In the case of Category X substances, cleaning machines shall be operated in such locations that all tank surfaces are washed. In the case of Category Y substances only one location need be used. 2 During washing, the amount of liquid in the tank shall be minimised by continuously pumping out slops and promoting flow to the suction point. If this condition cannot be met, the washing procedure shall be repeated three times, with thorough stripping of the tank between washings. 3 Those substances which have a viscosity equal to or greater than 50 mPa.s at 20°C shall be washed with hot water (temperature at least 60°CI, unless the properties of such substances make the washing less effective. 4 The quantities of wash water used shall not be less than those specified in paragraph 20 or determined according to paragraph 21. 5 After prewashing, the tanks and lines shall be thoroughly stripped. Prewash procedures for solidifying substances without recycling 6 Tanks shall be washed as soon as possible after unloading. If possible tanks should be heated prior to washing. 7 Residues in hatches and manholes should preferably be removed prior to the prewash. 8 Tanks shall be washed by means of a rotary jetts] operated at sufficiently high water pressure and in locations to ensure that all tank surfaces are washed. 9 During washing the amount of liquid in the tank shall be minimised by pumping out slops continuously and promoting flow to the suction point. If this condition cannot be met, the washing procedure shall be repeated three times with thorough stripping of the tank between washings. 10 Tanks shall be washed with hot water (temperature at least 60°C), unless the properties of such substances make the washing less effective. 11 The quantities of wash water used shall not be less than those specified in paragraph 20 or determined according to paragraph 21. 12 After prewashing, the tanks and lines shall be thoroughly stripped. 4571 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Prewash procedures with recycling of washing medium 13 Washing with a recycled washing medium may be adopted for the purpose of washing more than one cargo tank. In determining the quantity, due regard must be given to the expected amount of residues in the tanks and the properties of the washing medium and whether any initial rinse or flushing is employed. Unless sufficient data are provided, the calculated end concentration of cargo residues in the washing medium shall not exceed 5% based on nominal stripping quantities. 14 The recycled washing medium shall only be used for washing tanks having contained the same or similar substance. 15 A quantity of washing medium sufficient to allow continuous washing shall be added to the tank or tanks to be washed. 16 All tank surfaces shall be washed by means of a rotary jet(s) operated at sufficiently high pressure. The recycling of the washing medium may either be within the tank to be washed or via another tank, e.g. a slop tank. 17 The washing shall be continued until the accumulated throughput is not less than that corresponding to the relevant quantities given in paragraph 20 or determined according to paragraph 21. 18 Solidifying substances and substances with viscosity equal to or greater than 50 mPa.s at 20°C shall be washed with hot water (temperature at least 60°C) when water is used as the washing medium, unless the properties of such substances make the washing less effective. 19 After completing the tank washing with recycling to the extent specified in paragraph 17, the washing medium shall be discharged and the tank thoroughly stripped. Thereafter, the tank shall be subjected to a rinse, using clean washing medium, with continuous drainage and discharged to a reception facility. The rinse shall as a minimum cover the tank bottom and be sufficient to flush the pipelines, pump and filter. Minimum quantity of water to be used in a prewash 20 The minimum quantity of water to be used in a prewash is determined by the residual quantity of noxious liquid substance in the tank, the tank size, the cargo properties, the permitted concentration in any subsequent wash water effluent, and the area of operation. The minimum quantity is given by the following formula: 4572 13th. DECEMBER, 2008 Q k (15rO. 8 + 5rO.7 X V/1000) where Q the required minimum quantity in cubic metres r the residual quantity per tank in cubic metres. The value of r shall be the value demonstrated in the actual stripping efficiency test, but shall not be taken lower than 0.100 m 3 for a tank volume of 500 m 3 and above and 0.040 m 3 for a tank volume of 100 m 3 and below. For tank sizes between 100 m 3 and 500 m 3 the minimum value of r allowed to be used in the calculations is obtained by linear interpolation. For Category X substances the value of r shall either be determined based on stripping tests according to the Manual, observing the lower limits as given above, or be taken to be 0.9 m3. V tank volume in cubic metres k a factor having values as follows: Category X, non-solidifying, low-viscosity substance, k = 1.2 Category X, solidifying or high-viscosity substance, k = 2.4 Category Y, non-solidifying, low-viscosity substance, k = 0.5 Category Y, solidifying or high-viscosity substance, k = 1.0 The table below is calculated using the formula with a k factor of 1 and may be used as an easy reference. Strippingquantity Tank volume (m3) (m3) 100 500 3000 ..5...0.04 1.2 2.9 5.4 0.10 2.5 2.9 5.4 0.30 5.9 6.8 12.2 0.90 14.3 16.1 27.7 4573 BRUNEI DARUSSALAM GOVERNMENT GAZETTE 21 Verification testing for approval of prewash volumes lower than those given in paragraph 20 may be carried out to the satisfaction of the Administration to prove that the requirements of regulation 13 are met, taking into account the substances the ship is certified to carry. The prewash volume so verified shall be adjusted for other prewash conditions by application of the factor k as defined in paragraph 20. APPENDIX 7 VENTILATION PROCEDURES 1 Cargo residues of substances with a vapour pressure greater than 5 kPa at 20°C may be removed from a cargo tank by ventilation. 2 Before residues of noxious liquid substances are ventilated from a tank, the safety hazards relating to cargo flammability and toxicity shall be considered. With regard to safety aspects, the operational requirements for openings in cargo tanks in SaLAS 74, as amended, the International Bulk Chemical Code, the Bulk Chemical Code, and the ventilation procedures in the International Chamber of Shipping (ICS) Tanker Safety Guide (Chemicals) should be consulted. 3 Port authorities may also have regulations on cargo tank ventilation. 4 The procedures for ventilation of cargo residues from a tank are as follows: .1 the pipelines shall be drained and further cleared of liquid by means of ventilation equipment; .2 the list and trim shall be adjusted to the minimum levels possible so that evaporation of residues in the tank is enhanced; .3 ventilation equipment producing an airjet which can reach the tank bottom shall be used. Figure 7-1 could be used to evaluate the adequacy of ventilation equipment used for ventilating a tank of given depth; .4 ventilation equipment shall be placed in the tank opening closest to the tank sump or suction point; .5 ventilation equipment shall, when practicable, be positioned so that the airjet is directed at the tank sump or suction point and impingement of the airjet on tank structural members is to be avoided as much as possible; and 4574 13th. DECEMBER/ 2008 .6 ventilation shall continue until no visible remains of liquid can be observed in the tank. This shall be verified by a visual examination or an equivalent method. 10 20 30 38.1 4575 INLET JET PENETRATION DEPTH (m) Figure 7-1 Minimum flow rate as a function of jet penetration depth. Jet penetration depth shall be compared against tank height. BRUNEI DARUSSALAM GOVERNMENT GAZETTE SECOND SCHEDULE FEES 1. Time spent involving the following (a) review of plans, drawings, record books, manuals specifications, calculations, arrangements and details of hull, systems, materials, machinery and equipment and processing applications for exemption and extension of certificates; (b) surveys (Initial, Annual, Intermediate and Renewal) full or partial; or (e) inspection of equipment for the issue of type approval or acceptance certificate (per model) (regulation 12) (i) (ii) per hour or part thereof; transport for each visit within Brunei Darussalam, if required. $50 $25 2. For a surveyor inspection outside office hours (a) (b) (e) first hour or part thereof; each additional 15 minutes or part thereof; continuously 10 hours (total time) and above in one single visit. $100 $25 $1,000 4576 13th. DECEMBER, 2008 SECOND SCHEDULE - (Continued) 3. For a surveyor inspection conducted abroad, in addition to the appropriate fee prescribed for the survey or inspection faJ fbJ for every 24 hour or part thereof during which the surveyor is absent from Brunei Darussalam on account of such surveyor inspection; and for travelling, insurance, taxation, board, lodging and reasonable subsistence for the surveyor. $900 reasonable sums determined by the Director 4. For issue of a certificate or report or a new $100 certificate on strength of an existing certificate. 5. Amendment of any particulars on any certificate $10 (if any surveyor inspection is required, charges in accordance with item 1 shall be added). 6. Type approval/acceptance certificate on strength $100 of certificate/report issued by other Convention countries (per model). 7. Registration of MARPOL surveyor. $150 Made this 13th. day of Zulhijjah, 1429 Hijriah corresponding to the 11th. day of December, 2008. PEHIN ORANG KAYA SERI KERNA DATO SERI SETIA DR. HAJI AWANG ABU BAKAR BIN HAJI APONG Minister of Communications, Brunei Darussalam. 4577