"Regulation 2(4)(a) of Annex I of MARPOL permits an Administration
to grant an exemption from the requirements of Chapters II and III
of that Annex to "Any hydrofoil, air-cushion vehicle and other new
type of vessel (near surface, submarine craft, etc.) whose constructional
features are such as to render the application of any of the provisions
contained in Chapters II and III of Annex
I of MARPOL relating to construction and equipment unreasonable
or impracticable." Taking into account that "Bibby Goteberg" is a
dumb barge utilized as a 'flotel' (a stationary floating accommodation
unit) and has no capacity to generate or discharge any oil or oily
wastes, or pollute by oil in the intact or damaged state and therefore
does not require an oil pollution emergency plan, the exemption is
granted with the proviso that the said vessel is operated in port
on shore power and subject to Port Authority regulations. No Oil Pollution
Emergency Plan is required on board.
The Administration has decided, on the above grounds, to
grant exemptions from the requirements of Regulations 16 and 19 of
Chapter II and Regulation 26 of Chapter IV of Annex I of MARPOL to
qualifying flotels."