1 Any ship such as hydrofoil, air-cushion vehicle,
near-surface craft and submarine craft etc. whose constructional features are such as to
render the application of any of the provisions of chapters 3 and 4 of this Annex or section 1.2 of part II-A of the Polar Code
relating to construction and equipment unreasonable or impracticable may be exempted by
the Administration from such provisions, provided that the construction and equipment of
that ship provides equivalent protection against pollution by oil, having regard to the
service for which it is intended.
2 Particulars of any such exemption, except those under
paragraph 7 of this regulation, granted by the Administration shall be indicated in the
Certificate referred to in regulation 7 of this Annex.
3 The Administration
which allows any such exemption shall, as soon as possible, but not
more than 90 days thereafter, communicate to the Organization particulars
of same and the reasons therefore, which the Organization shall circulate
to the Parties to the present Convention for their information and
appropriate action, if any.
4 The Administration
may waive the requirements of regulations 29, 31 and 32 of this
Annex, for any oil tanker which engages exclusively on voyages both
of 72 hours or less in duration and within 50 nautical miles from
the nearest land, provided that the oil tanker is engaged exclusively
in trades between ports or terminals within a State Party to the present
Convention. Any such waiver shall be subject to the requirement that
the oil tanker shall retain on board all oily mixtures for subsequent
discharge to reception facilities and to the determination by the
Administration that facilities available to receive such oily mixtures
are adequate.
5 The Administration
may waive the requirements of regulations 31 and 32 of this Annex for oil tankers
other than those referred to in paragraph 4 of this regulation in
cases where:
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.1 the tanker is an oil tanker delivered on or
before 1 June 1982, as defined in regulation
1.28.3, of 40,000 tonnes deadweight or above, as referred to
in regulation 2.5 of this
Annex, solely engaged in specific trades, and the conditions specified
in regulation 2.6 of this
Annex are complied with; or
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.2 the tanker is engaged exclusively in one or
more of the following categories of voyages:
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.1 voyages within special areas; or
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.2 voyages within Arctic waters; or
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.3 voyages within 50 nautical miles from the
nearest land outside special areas or Arctic waters where the tanker is
engaged in:
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.1 trades between ports or terminals of a State
Party to the present Convention; or
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.2 restricted voyages as determined by the Administration,
and of 72 hours or less in duration;
SEE INTERPRETATION 9
provided that all of the following conditions are complied
with:
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.4 all oily mixtures are retained on
board for subsequent discharge to reception facilities;
SEE INTERPRETATION 10
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.5 for voyages specified in paragraph
5.2.3 of this regulation, the Administration has determined that
adequate reception facilities are available to receive such oily
mixtures in those oil loading ports or terminals the tanker calls
at;
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.6 the International Oil Pollution
Prevention Certificate, when required, is endorsed to the effect that
the ship is exclusively engaged in one or more of the categories of
voyages specified in paragraphs 5.2.1 and 5.2.3.2 of this regulation;
and
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.7 the quantity, time and port of
discharge are recorded in the Oil Record Book.
6 The Administration may waive the requirements of regulation 28(6) for the following oil tankers if loaded in accordance with
the conditions approved by the Administration taking into account the guidelines
developed by the Organizationfootnote:
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.1 oil tankers which are on a dedicated service, with
a limited number of permutations of loading such that all anticipated conditions
have been approved in the stability information provided to the master in
accordance with regulation 28(5);
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.2 oil tankers where stability verification is made
remotely by a means approved by the Administration;
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.3 oil tankers which are loaded within an approved
range of loading conditions; or
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.4 oil tankers constructed before 1 January 2016
provided with approved limiting KG/GM curves covering all applicable intact and
damage stability requirements.
7 The Administration may exempt a UNSP bargefootnote from the requirements of regulations 6.1 and 7.1 of this Annex, by an International Oil Pollution Prevention
Exemption Certificate for Unmanned Non-self-propelled Barges, for a period not exceeding
five years provided that the UNSP barge has undergone a survey to confirm that the
conditions referred to in regulations 1.40.1 to 1.40.5 of this Annex are met.