
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 27982-27984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11232]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-1095]


U.S. Flag Compliance With MARPOL Annex VI International Energy 
Efficiency (IEE) Requirements

AGENCY: Coast Guard, DHS.

ACTION: Notice of International Standards.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard announces that International Maritime 
Organization (IMO) Resolution MEPC.203(62) amended Annex VI to the 
International Convention for the Prevention of Pollution from Ships 
(MARPOL). On July 15, 2011, the IMO formally adopted Resolution 
MEPC.203(62), which entered into force on January 1, 2013, and amends 
MARPOL Annex VI by adding Chapter 4 and amending existing regulations 
in Annex VI. These amendments require the issuance of an International 
Energy Efficiency Certificate and the preparation of a Ship Energy 
Efficiency Management Plan for both new and

[[Page 27983]]

existing ships. To obtain the certificate, (1) new ships, (2) new ships 
when they undergo a major conversion, and (3) existing ships that 
undergo a major conversion after January 1, 2013, so extensive that it 
is regarded as a newly constructed ship, must first have an Attained 
Energy Efficiency Design Index. These requirements apply to all U.S. 
flag ships 400 gross tonnage and above that engage in voyages to ports 
or offshore terminals under the jurisdiction of other Parties to 
MARPOL. The Coast Guard Office of Commercial Vessel Compliance has 
issued Policy Letter 13-02 to provide amplifying guidance on U.S. 
implementation of MARPOL Annex VI Chapter 4 and associated 
requirements.

DATES: The amendments in IMO Resolution MEPC.203(62) became effective 
on January 1, 2013. The requirements and implementation schedule for 
existing ships and new ships are provided below in the SUPPLEMENTARY 
INFORMATION section.

ADDRESSES: To view the documents mentioned in this notice, go to http://www.regulations.gov. In the ``Search'' box, insert ``USCG-2012-1095'' 
and click ``Search.'' If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Timothy Brown, U.S. Coast Guard, Commercial Vessel 
Compliance Division (CG-CVC-1), telephone 202-372-2358 or email CG-cvc-1@uscg.mil. If you have questions on viewing or submitting material to 
the docket, call Docket Operations at 202-366-9826.

SUPPLEMENTARY INFORMATION:  The International Maritime Organization 
(IMO) established new MARPOL Annex VI requirements to improve the 
energy efficiency of ships. These new Annex VI standards were adopted 
on July 15, 2011, and are contained in IMO Resolution MEPC.203(62). The 
Act to Prevent Pollution from Ships (33 U.S.C. 1901, et. seq.) requires 
compliance with Annex VI, which now includes the new Annex VI energy 
efficiency requirements discussed below. The Coast Guard is currently 
developing regulations to facilitate compliance with the amendments in 
Resolution MEPC.203(62), which came into force for the U.S. on January 
1, 2013. The lack of updated regulations does not exempt ships from 
meeting the requirements of the amended MARPOL Annex VI.
    Effective as of January 1, 2013, IMO Resolution MEPC.203(62) 
amended MARPOL Annex VI and requires energy efficiency surveys and the 
issuance of an International Energy Efficiency (IEE) Certificate (Annex 
VI, Regs. 5.4 & 6.4), in addition to the preparation of a Ship Energy 
Efficiency Management Plan (SEEMP) for both new and existing ships 
(Annex VI, Reg. 22). Additionally, IMO Resolution MEPC.203(62) adds new 
Chapter 4 to Annex VI, establishing a set of efficiency performance 
standards intended to reduce air pollution emissions from ships burning 
fuel oil, including distillate and residual fuels, for purposes of 
propulsion or operation on board a ship. Also, new Annex VI Regulations 
20 and 21 require an Energy Efficiency Design Index (EEDI) for (1) new 
ships, (2) new ships when they undergo a major conversion, and (3) 
existing ships that undergo a major conversion after January 1, 2013, 
so extensive that it is regarded as a newly constructed ship (see 
definition of ``major conversion'' in Regulation 2(24)). Regulations 5 
and 6 make mandatory for new ships to which Chapter 4 of MARPOL Annex 
VI applies, the preparation of and issuance of an IEE Certificate which 
includes a Supplement. The Coast Guard or a recognized classification 
society (RCS) would issue the IEE Certificate.
    New Regulation 6.4 requires the issuance of an IEE Certificate to 
ships 400 gross tonnage and above that have been surveyed in accordance 
with the provisions of Regulation 5.4. The tonnage referenced here is 
gross tonnage measured in accordance with the tonnage measurement 
regulations contained in Annex I to the International Convention on 
Tonnage Measurements of Ships, 1969 or any successor Convention (GT 
ITC) (see Regulation 2.10). Regulation 6.4 also specifies that such 
ships not engage in voyages to ports or offshore terminals under the 
jurisdiction of other countries that are Parties to MARPOL before they 
obtain an IEE Certificate. For existing ships, the verification of the 
requirement to have a SEEMP on board according to new Regulation 22 
will take place at the first intermediate or renewal International Air 
Pollution Prevention (IAPP) Certificate survey, whichever is first, on 
or after January 1, 2013. The SEEMP itself does not have to be approved 
by the Coast Guard or a RCS, but must follow the guidelines for 
preparation of a SEEMP in IMO Resolution MEPC.213(63) (see Regulation 
22.2 and 33 U.S.C. 1908). RCSs will issue IEE Certificates to existing 
ships to which the RCS also issued an International Air Pollution 
Prevention (IAPP) Certificate after completion of the required surveys. 
All new ships as defined in Annex VI Regulation 2 should make 
arrangements with an RCS to complete the requirements for IEE 
Certificate issuance. Existing ships that received their IAPP 
Certificate from the Coast Guard should contact the cognizant Officer 
in Charge, Marine Inspection (OCMI) to obtain their IEE Certificate. 
Once issued, the IEE Certificate is valid for the life of the ship 
unless the ship is withdrawn from service, a new certificate is issued 
following a ``major conversion'' as defined in Annex VI Regulation 2, 
or the ship is transferred to the flag of another State (see 
Regulations 9.10 and 9.11).
    The term ``new ship'' means a ship for which the building contract 
is placed on or after January 1, 2013; or in the absence of a building 
contract, the keel of which is laid or which is at a similar stage of 
construction on or after July 1, 2013; or the delivery of which is on 
or after July 1, 2015 (see Regulation 2.23). The requirements for new 
ships also apply to ships that undergo a major conversion as defined in 
Annex VI Regulation 2. In addition to a SEEMP (Regulation 22), new 
ships and those that have undergone a major conversion must have an 
Attained Energy Efficiency Design Index (EEDI) (see Regulation 20). IMO 
Resolution MEPC.212(63) provides guidance to ship owners and designers 
regarding the calculation of the EEDI. An EEDI technical file should be 
prepared during the design of the ship and submitted to the Coast Guard 
or RCS for preliminary verification along with the rest of the ship's 
drawings and particulars during the existing plan approval process. 
Final verification of the EEDI technical file is conducted following 
RCS surveyor observance of a sea trial.
    IMO Resolution MEPC.214(63) provides survey and certification 
guidelines. If the results of the sea trial are inconsistent with the 
preliminary contents of the EEDI technical file, the ship owner or 
designer may be required to revise the EEDI technical file prior to 
issuance of the IEE Certificate. Following the final verification of 
the EEDI technical file a Record of Construction Relating to Energy 
Efficiency (Supplement to the IEE Certificate) and IEE Certificate will 
be issued.
    On December 10, 2012, the Coast Guard published a final rule to 
amend 46 CFR 8.320. That rule, which became

[[Page 27984]]

effective January 9, 2013, permits classification societies to apply to 
issue IEE Certificates on behalf of the Coast Guard (see 77 FR 73334, 
Dec. 10, 2012). We anticipate that classification societies that 
applied to issue IAPP Certificates will also apply to issue IEE 
Certificates. Because the Coast Guard has authorized RCSs to issue the 
Record of Construction Relating to Energy Efficiency (Supplement to the 
IEE Certificate), EEDI review and approval will not be completed 
directly by the Coast Guard (see 77 FR 73334, Dec. 10, 2012).
    Annex VI exempts ships using diesel-electric, turbine or hybrid 
propulsion systems from the requirements to prepare an EEDI technical 
file and obtain an IEE Supplement regardless of build date. In 
addition, the Coast Guard may waive the requirements for new ships to 
prepare an EEDI technical file and obtain an IEE Supplement in certain 
cases described in Annex VI Regulation 19. Ship operator requests for 
waivers should be directed to the appropriate Officer in Charge, Marine 
Inspection; those requests will then be routed through the District 
Commander to CG-CVC-1 for approval. RCSs should submit requests for 
waivers directly to CG-CVC-1.

Authority

    This notice is issued under the authority of 5 U.S.C. 552(a), 33 
U.S.C. 1901(a)(5), 1903, and 1907(a).

    Dated: May 5, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director, Inspections and Compliance.
[FR Doc. 2013-11232 Filed 5-10-13; 8:45 am]
BILLING CODE 9110-04-P


