1. (a) The development of a compliance monitoring program(s) or process(es) designed by the Port of Los Angeles and the Port of Long Beach (Ports), or their designees.

   1. (1) The program(s) or process(es) shall specify how the Ports will provide the Administrator, or his designee, with notification of a violation(s) to the regulations; and or

   2. (2) that the vessel, under normal, not exigent circumstances, is to be detained until the requirements of this subchapter have been fully met.

      1. (A) The program and/or process shall be submitted to the Administrator for his/her review and approval no later than 120 days from the effective date of this regulation.

      2. (B) The Administrator shall have 60 days within which to review and either approve, conditionally approve or disapprove the Ports' submittal. Upon termination of this time line the Administrator shall:

         1. 1. Fully approve the proposed program and/or process provided by the Ports and provide written confirmation of this approval.
         2. 2. Conditionally approve the proposal(s). The Administrator shall provide a written explanation for the conditional approval and state the objectional items contained in the proposal. The Ports shall be given 30 days from the date of their receipt of the Administrator's explanation, to resubmit a proposal which will either excise or mitigate, with an explanation, the Administrator's objections. The Administrator shall have 30 days from the date of receipt of the Ports' amended proposal, and shall either fully approve or fully disapprove this document.
         3. 3. Disapprove the Ports' proposals.
2. (b) If either of the Ports' program(s) and/or process(es) is/are disapproved, or if either of the ports fail to submit a program, the Administrator shall implement the compliance monitoring provisions of this subchapter by the adoption of further regulations. These regulations may include the establishment of a Clearing House function within the Marine Exchange or through any other legal means deemed appropriate by the Administrator.

Compliance monitoring of these regulations shall be accomplished by the procedures specified in either subsection (a) or (b), below:

Note: Authority cited: Sections 8670.17.2 and 8670.23.1, Government Code. Reference: Sections 8670.17.2 and 8670.67, Government Code.

History

1. New section filed 8-19-98; operative 9-18-98 (Register 98, No. 34).

2. Amendment of Note filed 7-12-2012; operative 8-11-2012 (Register 2012, No. 28).