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[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Pages 39334-39335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18741]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0365]

Comment Request on MARPOL Annex V Wider Caribbean Region Special 
Area

AGENCY: Coast Guard, DHS.

ACTION: Notice of Request for Comments.

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SUMMARY: The Coast Guard seeks comments from the public on the effects 
of implementing the special area discharge standards on vessel and 
reception facility operations when the Wider Caribbean region (WCR) 
special area comes into effect. The Coast Guard also seeks 
recommendations from the public on how to efficiently transition from 
the current standards regulating garbage discharges to the special area 
discharge standards in the WCR when the WCR special area comes into 
effect.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before November 4, 
2009 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0365 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Bryana Nicholas, telephone 202-372-1429, e-mail: 
[email protected]; or David Condino, telephone 202-372-1145, 
e-mail: [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material. All 
comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2009-0365) and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Notices'' and insert ``USCG-2009-0365'' in the ``Keyword'' box. Click 
``Search'' then click on the balloon shape in the ``Actions'' column. 
If you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.
    Viewing the comments: To view the comments, go to http://www.regulations.gov, click on the ``read comments'' box, which will 
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2009-0365'' and click ``Search.'' Click the ``Open Docket Folder'' in 
the ``Actions'' column. 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.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act, system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    The International Convention for the Prevention of Pollution from 
Ships (MARPOL), is an international agreement on the subject of marine 
pollution. The United States is a party to the Convention and has 
developed national regulations implementing the standards set out in 
MARPOL. MARPOL Annex V provides regulations for the prevention of 
pollution by garbage from ships. Annex V also allows for the creation 
of special areas with more stringent regulations for the discharge of 
garbage.
    In September 1990, the United States proposed to the International 
Maritime Organization (IMO), Marine Environment Protection Committee, 
to establish the Gulf of Mexico as a special area under MARPOL Annex V. 
In November 1990, Venezuela submitted an amendment to the proposal to 
include the Wider Caribbean region along with the Gulf of Mexico as a 
special area under MARPOL Annex V. The IMO adopted the WCR special 
area, including the Gulf of Mexico and the Caribbean Sea, in July 1991. 
In August 1995, the Coast Guard added the WCR special area to the Code 
of Federal Regulations, as described in 33 CFR 151.06(a)(12) (see, 60 
FR 43377, Aug. 21, 1995; 73 FR 35013, Jun. 19, 2008). In accordance 
with 33 CFR Sec.  151.53 and paragraph 4(b) of Regulation 5 of Annex V 
of MARPOL, the WCR special area will enter into effect when each party 
to the Convention whose coastline borders the WCR special area has 
certified that reception facilities are available and the IMO 
establishes an effective date for the special area.
    In accordance with MARPOL Regulations 5 and 7, the United States 
has provided the required notification to IMO regarding our MARPOL 
Annex V reception facilities. However, because all of the parties to 
MARPOL within the WCR special area have yet to make sufficient 
notifications that reception facilities exist in the WCR special area

[[Page 39335]]

to allow for compliance with the special area discharge standards in 
the Annex, the IMO has not yet established a date for the WCR special 
area to come into effect.
    When the WCR special area enters into effect, the more restrictive 
discharge standards in 33 CFR 151.71 and Regulation 5 of MARPOL Annex V 
will also enter into effect. In general, these regulations prohibit the 
discharge of all garbage from a ship in special areas except food 
wastes. The discharge of food wastes must be made as far as practicable 
from land, but in any case not less than 12 nautical miles from the 
nearest land. However, in the WCR special area food wastes comminuted 
or ground and capable of passing through a screen with openings no 
greater than 25 millimeters may be discharged not less than 3 nautical 
miles from the nearest land.
    The Coast Guard will not speculate as to a time line, and there 
currently is no time line, for the WCR special area coming into effect. 
In anticipation of the WCR special area entering into effect at some 
point in the future, the Coast Guard invites the public, commercial 
interests, local, State, Federal agencies, Non-Governmental 
Organizations (NGOs), public interest groups, trade organizations, and 
all other interested parties to comment on the WCR special area 
entering into effect.
    The Coast Guard is specifically interested in identifying all 
issues that impact port reception facilities, commercial shipping 
vessels, and recreational vessels operating in the WCR special area and 
in obtaining recommendations to address those issues. The Coast Guard 
seeks input on the following general issues:
     Additional MARPOL Annex V port reception facility capacity 
needed when the WCR special area goes in to effect;
     The impact on MARPOL Annex V cargo residues within the WCR 
special area;
     Impacts of MARPOL Annex V waste collection requirements on 
local/regional waste disposal capacity and infrastructure located 
within ports in the WCR special area;
     Time needed to ensure compliance with WCR special area 
discharge standards.
    The Coast Guard would also like to receive public input concerning 
the following questions:
     How many vessels operating in the WCR currently treat it 
as a special area and adhere to the special area discharge standards?
     What would be the operational impact to vessels 
discharging MARPOL Annex V garbage, including cargo residues and cargo 
hold wash-water containing cargo residue at a port reception facility?
     Is there current capability to accept MARPOL Annex V cargo 
residues and cargo residue wash-water from vessels, and do cargo 
vessels currently use this type of reception facility?
     How much additional MARPOL Annex V garbage would need to 
be offloaded at port reception facilities, and will currently adequate 
port reception facilities still be adequate when the WCR special area 
goes into effect?
     What effect, if any, will the discharge restrictions in 
the WCR special area have on U.S. port and terminal operators holding a 
Certificate of Adequacy (COA)?
     Will U.S. port and facility operators be able to meet 
increased quantity and capacity requirements and ensure that port 
reception facilities can meet the needs of all vessels calling at their 
ports?
     How many vessels operate solely within the WCR special 
area?
    Written comments and responses to the above questions will be added 
to the docket number for this notice (USCG-2009-0365). The Coast Guard 
intends to review and analyze all comments received in order to develop 
a way forward for the implementation of the discharge standards when 
the WCR special area comes into effect.
    This notice is issued under authority of 33 CFR 151.53(b) and 5 
U.S.C. 552.

    Dated: July 30, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. E9-18741 Filed 8-5-09; 8:45 am]
BILLING CODE 4910-15-P
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