Notifying Non-Compliant Bunkers in the US

A new procedure is in place for reporting the non-availability of compliant fuel in the United States.

The United States Coast Guard (USCG) have issued Marine Safety Information Bulletin 005-19, “New Procedure for Shipping Industry to Notify the US Government of Non-Availability of Compliant Fuel Oil.”

This change relates to the requirement to burn fuel with a maximum sulphur content of 0.10% in the United States portions of the North American and Caribbean Emission Control Areas (ECAs).

Prior to this procedural change, vessels that were unable to source compliant fuel were required to submit a Fuel Oil Non-Availability Report (FONAR) to the U.S. Environmental Protection Agency (EPA).

However, from 30 June 2019, the EPA will no longer accept FONAR submissions.

Instead, the vessel must now notify the competent authority of the relevant port of destination by notifying the USCG Captain of the Port (COTP).

FONAR template

A formal FONAR template is not yet agreed. But in the interim, the USCG has suggested that vessels use the format provided in the Annex to PPR 6/8/2 “Consistent Implementation of Regulation 14.1.3 of MARPOL Annex VI: Proposed Template to report compliant fuel oil non-availability”.

This proposed template can be accessed here.

The USCG reminds shipowners that the maximum sulphur content of any fuel oil used on board ships within the ECAs will remain unchanged at 0.10% when the global sulphur cap is reduced on 1 January 2020.

Failure to provide a FONAR to the COTP prior to arrival may result in a vessel detention and/or enforcement action.

The USCG bulletin can be read here.