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