NORMAM 401/DPC Was Not Postponed: Why Shipowners Should Prepare Before 2028

NORMAM 401/DPC Was Not Postponed

For some owners, the year 2028 may sound far away.

For vessels trading to Brazil, however, the practical question is different:

Is the vessel using the grace period to adapt — or simply postponing the problem?

The recent update related to NORMAM-401/DPC has created some confusion in the maritime market. In simple terms, the regulation itself was not postponed.

What was postponed was the beginning of the application of penalties and sanctions related to Chapter 4, now scheduled for 10 January 2028.

This means that the Brazilian Maritime Authority is giving the market time to adapt, but the regulatory framework is already in force and should be observed from its effective date.

For shipowners, operators, managers and charterers calling Brazilian ports, this grace period should be treated as a preparation window — not as a reason to ignore hull biofouling management.

The commercial logic behind biofouling management

Biofouling is not only an environmental issue.

It is also a commercial, operational and regulatory issue.

Marine growth on the hull, propeller, rudder blade, sea chests and other niche areas may increase drag, reduce propulsion efficiency, affect cooling-water intake performance and create additional operational exposure during port calls.

From a commercial standpoint, postponing underwater cleaning may look attractive in the short term. But the hidden cost may appear in different ways:

• higher bunker consumption;

• reduced vessel performance;

• speed loss;

• increased operational scrutiny;

• possible delays during port calls;

• difficulty producing evidence of biofouling management;

• future non-compliance risk once penalties begin.

The grace period until 2028 should therefore be used to build a practical compliance routine: inspection, documentation, risk assessment and cleaning when required.

What was actually postponed?

The important point is this:

NORMAM-401/DPC has been approved and is already part of the Brazilian maritime regulatory framework.

The postponement relates to the application of penalties and sanctions arising from infractions provided in Chapter 4. According to the Portaria, the application of these penalties and sanctions was extended to 10 January 2028, and the Brazilian Maritime Authority will act in an orientative manner until then, supporting awareness and technical adaptation.

This distinction matters.

A vessel should not interpret the grace period as if NORMAM-401/DPC does not exist. The regulation exists, and the transition period is intended to allow stakeholders to adapt their procedures, operational planning, documentation and service capacity.

Why the market needs time to adapt

Professional underwater cleaning is not a simple operation.

For service providers, compliance with modern biofouling control requirements may involve expensive equipment, qualified divers, proper waste-control procedures, underwater inspection tools, reporting systems, environmental awareness, operational permits, port coordination and safe working methods.

Biofouling collection and containment systems can be particularly costly for the maritime service sector. In many ports, operational conditions such as visibility, current, draft, anchorage restrictions, vessel schedule and port authority procedures make the service even more complex.

This is why the grace period is important.

It gives time for the market to adjust, for shipowners to understand the standard, and for professional maritime service companies to structure safe, compliant and realistic underwater cleaning solutions.

However, waiting until January 2028 to act may create a last-minute bottleneck.

The cost of doing nothing

Doing nothing is also a decision.

The most practical approach is usually not to clean blindly.

The best approach is to inspect first, confirm the fouling level, verify coating sensitivity, assess niche areas, and then decide the appropriate scope.

Why underwater inspection should come before cleaning

For many vessels, the first step should be an underwater inspection.

A proper underwater inspection can help confirm:

• hull condition;

• propeller condition;

• rudder blade fouling;

• sea chest fouling;

• niche-area accumulation;

• coating sensitivity;

• presence of heavy marine growth;

• suitability of cleaning methods;

• expected operational window;

• photo and video evidence for owners and managers.

This allows the owner to make a technical and commercial decision based on actual findings, rather than assumptions.

In some cases, the inspection may confirm that only niche-area cleaning is required. In other cases, it may support a broader scope such as full hull cleaning, propeller polishing, rudder blade cleaning and sea chest cleaning.

Why propeller polishing should not be ignored

Propeller polishing is often one of the most commercially relevant underwater services.

A fouled or rough propeller may reduce propulsion efficiency and contribute to increased fuel consumption, vibration or poor speed response. When a vessel is already being inspected or cleaned, propeller polishing is usually a logical complementary scope.

However, propeller polishing does not replace hull cleaning when the hull itself is significantly fouled.

The best assessment is usually based on the full underwater condition:

hull + propeller + rudder + sea chests + next voyage exposure + compliance documentation.

Why sea chest cleaning matters under biofouling management

Sea chests are critical niche areas.

They may accumulate marine growth in areas that are not always visible during a quick external inspection. Fouling inside or around sea chests may affect water flow and increase operational concern, especially for vessels trading in warm waters or staying for extended periods at anchorage.

For this reason, sea chest inspection and cleaning should be part of a serious biofouling management routine.

A vessel may have a relatively acceptable hull condition but still require attention to niche areas such as sea chests, rudder blade, bilge keels, gratings and other appendages.

Why Brazil should be treated as a strategic intervention point

Brazil is a major trading area for bulk carriers, tankers, offshore units and general cargo vessels.

Many vessels calling Brazil operate in warm waters, wait at anchorage, or perform long ocean legs before and after Brazilian port calls. These conditions may make biofouling management commercially relevant, not only regulatory relevant.

For owners calling Santos, Paranaguá, Rio Grande, Vitória, Tubarão, Itaqui, Vila do Conde, Pecém, Salvador or other Brazilian ports and anchorages, the question should be:

Should we wait until the grace period ends, or should we start building compliance evidence now?

A practical NORMAM 401/DPC readiness plan

Shipowners and managers can use the period until 2028 to create a practical routine.

A realistic plan may include:

1. Review the vessel’s trading pattern in Brazilian waters.

2. Check the last dry dock and last underwater cleaning date.

3. Request underwater inspection when fouling risk is uncertain.

4. Keep photo and video records of hull and niche areas.

5. Plan propeller polishing when performance loss is suspected.

6. Include rudder blade and sea chest cleaning when required.

7. Maintain clear records for owners, charterers and technical managers.

8. Avoid last-minute decisions close to the end of the grace period.

This is not only about avoiding penalties in the future.

It is about reducing operational uncertainty before the vessel arrives.

Information required for a feasibility review

To assess feasibility, cost and operational planning, owners should provide:

• vessel name;

• IMO number;

• vessel type;

• LOA, beam and draft;

• port or anchorage in Brazil;

• ETA and ETD;

• available working window;

• last dry dock date;

• last hull cleaning or propeller polishing date;

• recent underwater photos or videos, if available;

• suspected fouling level;

• required scope;

• local agent details;

• any class, owner or charterer requirement.

With this information, CARGOWARD® can review whether the most suitable approach is inspection only, propeller polishing, rudder blade cleaning, sea chest cleaning, niche-area cleaning or full underwater hull cleaning.

Commercial conclusion

The message to the market is clear:

NORMAM 401/DPC was not postponed.

The penalties and sanctions related to Chapter 4 were postponed to January 2028, creating a final adaptation period for the maritime industry. The rule itself should already be observed.

For shipowners and managers, the best use of this grace period is preparation.

Waiting until 2028 may create operational pressure, limited service availability and higher compliance risk. Planning now allows the vessel to build records, assess underwater condition, clean when required and reduce unnecessary uncertainty during Brazilian port calls.

Owners calling Brazilian ports can request a feasibility review for NORMAM 401/DPC-aligned underwater services, including underwater inspection, full hull cleaning, propeller polishing, rudder blade cleaning, sea chest cleaning and niche-area cleaning.

FAQ

Was NORMAM 401/DPC postponed?

No. The rule itself was not postponed. The application of penalties and sanctions related to Chapter 4 was postponed to 10 January 2028, while the regulation should already be observed from its effective date.

Does the grace period mean vessels do not need to prepare?

No. The grace period should be understood as an adaptation period. Owners, managers and service providers should use this time to adjust procedures, documentation and operational readiness.

Can CARGOWARD® support underwater cleaning in Brazil?

Yes. CARGOWARD® can support underwater inspection, hull cleaning and propeller polishing in Brazil, subject to port feasibility, weather, visibility, currents, vessel condition, clearances and agreed scope.

Which underwater services may be relevant under NORMAM 401/DPC?

Relevant services may include underwater inspection, hull cleaning, propeller polishing, rudder blade cleaning, sea chest cleaning and niche-area cleaning, depending on the vessel condition and operational requirement.

Should the owner clean the vessel before 2028?

Not automatically. The recommended approach is to inspect first, assess the actual fouling condition, review the vessel’s trading pattern and then decide whether cleaning is required.

What should owners send for quotation?

Owners should send vessel name, IMO number, port, ETA/ETD, draft, available working window, last dry dock date, last cleaning date, photos or videos if available, and the intended scope of service.