Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45555 

of Federal Regulations (14 CFR) part 71, 

to establish Class E airspace upward 

from 700 ft. above the surface and from 

1,200 ft. above the surface at two 

heliport facilities at Oooguruk, AK (74 

FR 17443). Subsequent to publication, 

the FAA found that a sentence 

referencing exclusion of restricted 

airspace in the description for the 

Oooguruk Drill Site Helipad was 

inadvertantly omitted. This action 

corrects this error. Class E controlled 

airspace extending upward from 700 ft. 

and 1,200 ft. above the surface in the 

Oooguruk heliport area is established by 

this action. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments were received. The rule, 

with the clarification of the airspace 

description of the Drill Site Helipad, is 

adopted as proposed. 

The Class E airspace areas designated 

as 700/1,200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9S, Airspace Designations 

and Reporting Points, signed October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to 14 CFR part 71 

establishes Class E airspace extending 

700 and 1,200 feet above the surface at 

Oooguruk, AK. New special IAPs have 

been developed for two heliport 

facilities, Oooguruk Drill Site Helipad, 

and Oooguruk Tie-in Helipad, that will 

provide adequate controlled airspace for 

IFR operations at these landing sites. 

Also, added to the airspace description 

for the Drill Site Helipad will be 

‘‘* * *, excluding of that portion within 

R–2204 when R–2204 is active.’’ 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

two helipads at Oooguruk, AK and 

represents the FAA’s continuing effort 

to safely and efficiently use the 

navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Oooguruk Drill Site Helipad, 

AK [New] 

Oooguruk, Oooguruk Drill Site Helipad, AK 

(Lat. 70°29′44′′ N., long. 150°15′12′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Oooguruk Drill Site Helipad, AK; and 

that airspace extending upward from 1,200 

feet above the surface within a 73-mile radius 

of the Oooguruk Drill Site Helipad, AK, 

excluding that portion within R2204 when 

R2204 is active. 

* * * * * 

AAL AK E5 Oooguruk Tie-in Helipad, AK 

[New] 

Oooguruk, Oooguruk Tie-in Helipad, AK 

(Lat. 70°24′51′′ N., long. 150°01′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of the Oooguruk Tie-in Helipad AK, 

excluding that portion within R2204 when 

R2204 is active; and that airspace extending 

upward from 1,200 feet above the surface 

within a 73-mile radius of the Oooguruk Tiein Helipad, AK, excluding that portion 

within R2204 when R2204 is active. 

* * * * * 

Issued in Anchorage, AK, on August 20, 

2009. 

James L. Krause, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. E9–21061 Filed 9–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 909 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151 

[USCG–2007–0164] 

RIN 0648–AV68; 1625–AB24 

Definition of Marine Debris for 

Purposes of the Marine Debris 

Research, Prevention, and Reduction 

Act 

AGENCY: National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce; Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: NOAA and the Coast Guard 

are defining ‘‘marine debris’’ for 

purposes of the Marine Debris Research, 

Prevention, and Reduction Act (the 

Act). The Act requires NOAA and the 

Coast Guard to jointly develop a 

definition and promulgate it through 

regulations; this rule represents the 

agencies’ compliance with the Act. For 

the purposes of the Marine Debris 

Research, Prevention, and Reduction 

Act only, marine debris is defined as 

any persistent solid material that is 


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manufactured or processed and directly 

or indirectly, intentionally or 

unintentionally, disposed of or 

abandoned into the marine environment 

or the Great Lakes. 

DATES: This final rule is effective 

October 5, 2009. 

ADDRESSES: Comments and related 

material received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2007– 

0164 and are available for inspection 

and copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You also may find this docket on the 

Internet by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, typing USCG– 

2007–0164 into the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

Dr. Holly A. Bamford, NOAA Marine 

Debris Program, telephone 301–713– 

2989, or David Major, Environmental 

Standards Division, U.S. Coast Guard 

Headquarters, telephone 202–372–1402. 

If you have questions about viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Background and Purpose 

IV. Discussion of Comments and Changes 

A. Comments on the Purpose of the 

Definition 

B. Comments on ‘‘Marine Environment’’ 

C. Comments on ‘‘Solid’’ 

D. Comments on ‘‘Persistent’’ 

E. Comments on ‘‘Manufactured or 

Processed’’ 

F. Comments on ‘‘Disposed of or 

Abandoned Into’’ 

G. Comments on Discharges in Compliance 

With Law 

H. Comments on Items Placed in the 

Marine Environment by Permit 

I. Comments on Medical Waste and 

Hazardous Materials 

J. Comments on Consultation With the 

Interagency Marine Debris Coordinating 

Committee 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Department of Commerce Docket 

Number 

N. Environment 

I. Abbreviations 

IMDCC Interagency Marine Debris 

Coordinating Committee 

CFR Code of Federal Regulations 

FR Federal Register 

MARPOL 73/78 International Convention 

for the Prevention of Pollution from Ships, 

1973, as modified by the protocol of 1978 

NEPA National Environmental Policy Act 

NOAA National Oceanic and Atmospheric 

Administration 

NOAA Program NOAA’s Marine Debris 

Prevention and Removal Program 

NOS National Ocean Service 

NPRM Notice of proposed rulemaking 

NRC National Research Council 

OMB Office of Management and Budget 

U.S.C. United States Code 

II. Regulatory History 

On May 27, 2008, NOAA and the 

Coast Guard published a notice of 

proposed rulemaking entitled 

‘‘Definition of Marine Debris for 

Purposes of the Marine Debris Research, 

Prevention, and Pollution Act’’ in the 

Federal Register (73 FR 30322). The 

title of the rulemaking has been 

corrected by replacing the word 

‘‘pollution’’ with ‘‘reduction,’’ to reflect 

the correct name of the Act. NOAA and 

the Coast Guard received six letters, 

containing a total of 24 comments, from 

the public, and four letters, containing 

17 comments, from Federal agencies 

commenting on the proposed rule. All 

comments are discussed below. No 

public meeting was requested and none 

was held. 

III. Background and Purpose 

As society has developed new uses for 

materials, particularly plastics, the 

variety and quantity of items found in 

the marine environment has increased 

dramatically. These products range from 

common domestic material (e.g., bags, 

cups, bottles, balloons) to industrial 

products (e.g., strapping bands, plastic 

sheeting, hard hats, resin pellets) to lost 

or discarded fishing gear (e.g., nets, 

buoys, traps, lines, light sticks). 

In 2006, Congress passed the Marine 

Debris Research, Prevention, and 

Reduction Act (the Act) (33 U.S.C. 

1951–1958 (2006)), with the purpose of 

identifying, determining the sources of, 

assessing, reducing, and preventing 

marine debris and its adverse impacts 

on the marine environment and 

navigation safety. 

The Act makes permanent a Marine 

Debris Prevention and Removal Program 

within NOAA (NOAA Program) that 

intends to reduce and prevent the 

occurrence and adverse impacts of 

marine debris on the marine 

environment and navigation safety. The 

NOAA Program includes mapping, 

identification, impact assessment, 

removal, and prevention of marine 

debris, with a focus on threats to living 

marine resources, including commercial 

fisheries and species protected under 

the Endangered Species Act and Marine 

Mammal Protection Act, and the habitat 

upon which they depend. The NOAA 

Program uses non-regulatory measures 

to reduce and prevent marine debris and 

the loss of fishing gear, including the 

development of local or regional 

protocols for lost gear reduction and 

prevention. Examples of such measures 

include new fishing gear technology, 

implementation of incentives to reduce 

lost gear, outreach and education to 

commercial users and the general 

public, and other non-regulatory 

measures to minimize the volume of 

marine debris and lost and discarded 

fishing gear, and to aid in its recovery. 

The Act authorizes NOAA to provide 

grants to entities for the research, 

prevention, and reduction of marine 

debris. 

The Act requires the Coast Guard to 

enforce the International Convention for 

the Prevention of Pollution from Ships, 

1973, as modified by the 1978 Protocol 

(MARPOL 73/78), Annex V, and the Act 

to Prevent Pollution from Ships, 33 USC 

1901–1915 (1996). The Coast Guard will 

continue to monitor and enforce the 

requirements of these acts among the 

appropriate regulated industries and 

communities. The Coast Guard intends 

to increase international cooperation to 

reduce marine debris, and to maintain 

its voluntary reporting program in order 

to ensure the reporting of damage to 

vessels and disruption to navigation 

caused by marine debris. The Act also 

required the Coast Guard to submit to 

Congress a report evaluating the Coast 

Guard’s progress on these initiatives; the 

report required under 33 U.S.C. 1953(b) 

was completed in 2007. In addition, the 

Act required the Coast Guard to obtain 

a report from the National Research 

Council (NRC) on the effectiveness of 

international and domestic measures to 

prevent and reduce marine debris and 

its impacts; this report was completed 

and presented to Congress by NRC in 

September, 2008. 

The Act also reactivated the 

Interagency Marine Debris Coordinating 

Committee (IMDCC), an interagency 

Federal body responsible for developing 

and recommending comprehensive and 


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multi-disciplinary approaches to reduce 

the sources and impacts of marine 

debris to the nation’s marine 

environment, natural resources, public 

safety, and economy. The IMDCC meets 

quarterly to ensure coordination of 

research, monitoring, education, and 

regulatory actions addressing the 

persistent marine debris problem. 

As codified in Title 33 of the United 

States Code, the Act requires NOAA and 

the Coast Guard, in consultation with 

the IMDCC, to ‘‘jointly develop and 

promulgate through regulations a 

definition of the term ‘marine debris’ for 

the purposes of this Act.’’ 33 U.S.C. 

1954(b)(2006). The Act expressly limits 

the application of the definition of 

marine debris to the implementation 

and requirements of the Act. The Act 

does not authorize NOAA or the Coast 

Guard to undertake regulatory actions 

other than the promulgation of this 

definition, and the definition of marine 

debris does not affect the regulatory or 

management activities of other Federal 

agencies. 

NOAA and the Coast Guard worked 

together to develop and propose a 

definition, taking into account both 

agencies’ responsibilities under the Act. 

The term ‘‘marine debris’’ has a variety 

of meanings to the many entities 

working in and affecting the marine 

environment. The definition 

promulgated by this rule, however, 

focuses on solid debris from land-based 

and ocean-based sources. While NOAA 

and the Coast Guard considered 

alternative definitions, this definition 

will allow NOAA to consider the 

broadest possible range of marine debris 

activities for grant and research support 

as provided in the Act. The definition 

will also provide the Coast Guard 

sufficient parameters to conduct useful 

and focused studies and reports 

required by the Act. 

As required by the Act, the two 

agencies consulted with the IMDCC 

during the development of this 

definition. Some IMDCC members 

suggested that the definition include the 

term ‘‘unauthorized’’ in order to exclude 

materials explicitly permitted to be 

discharged into the marine 

environment. NOAA and the Coast 

Guard did not include the term 

‘‘unauthorized’’ in the definition. As 

discussed in more detail below, such a 

limited definition would be inconsistent 

with the objectives of the Act, which are 

to identify, determine the sources of, 

assess, reduce, and prevent the full 

range of marine debris and its adverse 

effects on the marine environment and 

navigation safety. Authority to dispose 

of or abandon material that may be 

considered marine debris as defined in 

this regulation is not affected by the 

promulgation of this definition or the 

implementation of the programs 

established pursuant to the Act. Some 

IMDCC members also suggested that the 

definition of marine debris be limited to 

debris with adverse effects on the 

marine environment. NOAA and the 

Coast Guard did not include this 

limitation because it would prevent the 

NOAA program from supporting or 

conducting research where impacts of 

debris on marine resources are 

unknown or uncertain. Limiting the 

range of research opportunities in this 

way would diminish the ability of 

NOAA and the Coast Guard to fulfill the 

objectives of the Act. 

On May 27, 2008, the two agencies 

published a notice of proposed 

rulemaking (NPRM) proposing a 

definition of marine debris for purposes 

of the Act. The proposed definition read 

as follows: ‘‘For the purposes of the 

Marine Debris Research, Prevention, 

and Reduction Act (33 U.S.C. 1951– 

1958 (2006)) only, marine debris is 

defined as any persistent solid material 

that is manufactured or processed and 

directly or indirectly, intentionally or 

unintentionally, disposed of or 

abandoned into the marine environment 

or the Great Lakes.’’ 

IV. Discussion of Comments and 

Changes 

The Coast Guard and NOAA received 

10 letters containing a total of 41 

comments on the proposed definition. 

After consideration of all the comments, 

and for the reasons set out below, the 

Coast Guard and NOAA adopt the 

proposed definition without changes. 

A. Comments on the Purpose of the 

Definition 

Several commenters approached the 

definition of marine debris from an 

enforcement perspective, assuming that 

items within the definition of marine 

debris would necessarily be subject to 

anti-pollution mandates. An item that 

satisfies the definition of marine debris 

may, in some cases, be addressed by 

anti-pollution laws that prohibit the 

disposal or abandonment of the 

material. However, the fact that a 

material satisfies the definition of 

marine debris does not mean its 

disposal or abandonment is prohibited. 

The Act does not prohibit the disposal 

or abandonment of marine debris, nor 

does it provide regulatory authority to 

do so. Instead, the Act is intended to 

help identify, assess, reduce, and 

prevent marine debris. See Section III of 

this preamble for details on agency 

involvement in addressing these areas. 

The definition of marine debris will be 

used only for the implementation of the 

Act. 

B. Comments on ‘‘Marine Environment’’ 

Two commenters asked what areas are 

included in the term ‘‘marine 

environment.’’ NOAA and the Coast 

Guard use the term ‘‘marine 

environment’’ consistently with its use 

in other sections of the United States 

Code. The term ‘‘marine environment’’ 

is defined in various parts of the United 

States Code to include the high seas, 

exclusive economic zone, territorial sea, 

coastal waters, Great Lakes, navigable 

waters of the United States, and the 

lands therein and thereunder, and 

adjacent shorelines and shorelands. 

NOAA and the Coast Guard specifically 

included the Great Lakes in the 

definition of marine debris to avoid 

confusion. The marine environment 

does not include airspace above bodies 

of water. 

One commenter requested that the 

term ‘‘marine environment’’ be replaced 

with the term ‘‘aquatic environment’’ in 

order to cover debris originating from 

land-based sources via creeks and 

tributaries. As explained in part F 

below, such debris is already addressed 

by the definition. 

C. Comments on ‘‘Solid’’ 

Three commenters asked whether 

specific materials they consider to be 

‘‘semi-solid’’ would be included within 

the definition of marine debris, or 

encouraged that such materials be 

included. Marine debris, pursuant to the 

Act, is defined as any persistent solid 

material and therefore does not include 

semi-solids, such as tar balls and sewer 

cakes. NOAA and the Coast Guard 

concluded that the Act was not 

intended to cover materials other than 

solid materials. Internationally and 

domestically, the generally accepted 

usage of ‘‘marine debris,’’ including in 

research, refers to solid items. For 

example, all of the marine debris items 

catalogued in the 1988 Report of the 

Interagency Task Force on Persistent 

Debris are solids. 

D. Comments on ‘‘Persistent’’ 

Three commenters asked for 

clarification of the word ‘‘persistent’’ as 

used in the definition. The term 

‘‘persistent’’ is intended to capture 

items that degrade slowly, as noted in 

the CEQ Ocean Blueprint for the 21st 

Century and the House Report on the 

Act (H.R. Rep. No. 109–332, pt. 2, at 

1759 (2006)). This also is consistent 

with the 1988 Report of the Interagency 

Task Force on Persistent Debris, in 

which small pieces of plastic and plastic 

particles are recognized as marine 


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debris. Persistency is affected by 

material composition, movement within 

the water column, and exposure to 

sunlight, among other things. The 

ability of marine debris to travel long 

distances away from the point of origin 

is taken into account in considering 

persistency. 

E. Comments on ‘‘Manufactured or 

Processed’’ 

Five commenters requested the 

definition be modified to include 

‘‘naturally occurring’’ debris such as 

downed trees, or expressed interest in 

the treatment of lost agricultural cargo. 

The Coast Guard and NOAA concluded 

that organic matter that is not processed 

or manufactured, that enters the marine 

environment, would not meet the 

definition of marine debris within the 

context of the Act, which focuses on 

manufactured and processed items. To 

the extent that organic matter has been 

subject to manufacturing or processing, 

those items may be considered marine 

debris if they satisfy the remainder of 

the definition. 

One commenter requested the 

definition be modified to include 

materials ‘‘intended to be processed.’’ 

The commenter provided the specific 

example of raw materials used for 

plastic production, namely preproduction plastic pellets. All plastic 

items have been created through a 

manufacturing process, as they do not 

exist naturally in the environment. 

Therefore, plastic in any form and of 

any size already is included in the 

definition of marine debris. Similar 

manufactured persistent solids 

mentioned by commenters, such as golf 

balls, also are considered marine debris. 

F. Comments on ‘‘Disposed of or 

Abandoned Into’’ 

Commenters described a variety of 

means by which material can be 

disposed of or abandoned into the 

marine environment, such as transport 

by wind or storm drains, and inquired 

how or whether the manner of transport 

affects whether or not the material is 

within this definition of marine debris. 

The means by which material enters 

into marine environment does not affect 

whether that material is considered 

marine debris. As noted in the preamble 

above, a variety of both sea and landside 

events and activities, such as storm 

water runoff, wind, or natural disasters, 

may ultimately result in materials being 

abandoned or disposed of in the marine 

environment. For that reason, the 

definition of marine debris includes 

materials disposed of or abandoned 

‘‘directly or indirectly, intentionally or 

unintentionally’’ into the marine 

environment. 

G. Comments on Discharges in 

Compliance With Law 

Three commenters commented on 

whether the definition of marine debris 

should include materials discharged in 

compliance with relevant enforcement 

regimes. A persistent solid material that 

is manufactured or processed, and 

disposed of or abandoned into the 

marine environment, is considered 

marine debris even when the disposal or 

abandonment is legally permissible. As 

noted above, NOAA and the Coast 

Guard define marine debris exclusively 

for the purposes of the Act, and the Act 

does not create an enforcement regime. 

Existing enforcement regimes referenced 

in the Act, such as the Act to Prevent 

Pollution from Ships and MARPOL 

Annex V, allow the legal discharge of 

items into the sea. Congress did not 

state in the Act or legislative history that 

a definition exclude those items. 

Moreover, it would be impractical to 

classify items based on source rather 

than location. For example, a tin can 

located in the sea may have been 

discharged in accordance with 

MARPOL or may have blown into the 

ocean from a pier. In both 

circumstances, considering the tin can 

to be marine debris fulfills the intent of 

the Act. 

The Act is non-regulatory and 

overlaps with current enforcement 

regimes established by other laws. The 

fact that an item is legally disposed of 

or abandoned does not prevent it being 

studied or tracked. Environmental goals 

can be achieved through non-regulatory 

means, including study and the 

promotion of new methods to prevent, 

reduce, and mitigate the effects of 

debris. Thus, marine debris of any type 

is open for research or other activities as 

specified in the Act. 

H. Comments on Items Placed in the 

Marine Environment by Permit 

Four commenters raised concerns that 

materials placed in the marine 

environment by public agencies or 

under permit by public agencies—such 

as artificial reefs, marine structures, 

vessels, rigs, pipelines, and navigational 

and weather buoys—may be deemed 

marine debris. The Coast Guard and 

NOAA do not consider such items 

disposed of or abandoned, because the 

items are intact, on station, and 

monitored. However, an item or piece of 

an item originally placed or permitted 

in the marine environment, but that 

subsequently breaks apart, becomes lost, 

or is no longer actively monitored, 

could be considered disposed of or 

abandoned and would meet the 

definition of marine debris. The Coast 

Guard and NOAA emphasize that a 

government approval or permission for 

disposal or abandonment of material 

into the marine environment does not 

exclude that material from research, 

removal, or outreach activities 

contemplated by the Act. For example, 

a tire reef off the coast of Florida, legally 

placed there in 1972, has fragmented 

and allowed tires to drift across the 

seafloor; those tires are considered 

marine debris for purposes of the Act. 

I. Comments on Medical Waste and 

Hazardous Materials 

Three commenters expressed concern 

about medical waste, such as syringes, 

located in the marine environment, and 

about floating containers containing 

hazardous, or unknown but potentially 

hazardous, substances. Solid medical 

waste material such as syringes and 

floating or submerged containers are 

marine debris under the definition. 

Hazardous material response is not 

within the scope of the Act; however, 

the remediation of many types of marine 

debris, including hazardous materials 

covered by the Comprehensive 

Environmental Response and Liability 

Act (42 U.S.C. 9601 et seq.), is provided 

for by a variety of statutes. 

J. Comments on Consultation With the 

Interagency Marine Debris Coordinating 

Committee 

Two commenters questioned the lack 

of consensus with some members of the 

IMDCC regarding the definition of 

marine debris. The Act directs NOAA 

and the Coast Guard to consult with the 

IMDCC in developing the definition of 

marine debris, and this consultation 

took place at a number of quarterly 

IMDCC meetings through August, 2007. 

NOAA and the Coast Guard have 

addressed the comments made by 

IMDCC members in this preamble and 

will continue to work with the IMDCC 

in implementing the Act. 

V. Regulatory Analyses 

The Coast Guard and NOAA 

developed this rule after considering 

numerous statutes and executive orders 

related to rulemaking. Below is a 

summary of our analyses based on 13 of 

these statutes or executive orders. 

A. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 


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Budget has not reviewed it under that 

Order. 

Public comments on the NPRM are 

summarized in Section IV of this 

preamble, ‘‘Discussion of Comments 

and Changes.’’ NOAA and the Coast 

Guard received no public comments and 

made no changes that would alter the 

assessment of impacts in the NPRM. A 

summary of the assessment follows. 

The Act requires the Coast Guard and 

NOAA to jointly develop and 

promulgate a definition of marine debris 

for the purposes of the Act. 

Accordingly, this rulemaking creates a 

joint Coast Guard and NOAA definition 

of the term ‘‘marine debris’’ for the 

purposes of the Act. The Act does not 

authorize NOAA or the Coast Guard to 

undertake regulatory or management 

activities of other Federal agencies. 

Instead, the drafting agencies expect to 

use the definition of marine debris for 

the administration of research and 

educational grants. Such grants may 

map, identify, or assess the impacts of 

marine debris. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), the drafting agencies 

considered whether this rule would 

have a significant economic impact on 

a substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

In the NPRM, NOAA and the Coast 

Guard certified under 5 U.S.C. 605(b) 

that the proposed rule would not have 

a significant economic impact on a 

substantial number of small entities. See 

the ‘‘Regulatory Flexibility Act’’ section 

of the NPRM for the complete threshold 

analysis. NOAA and the Coast Guard 

found no additional data or information 

that would change the certification in 

the NPRM. 

Therefore, the Coast Guard and 

NOAA certify under 5 U.S.C. 605(b) that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

NOAA and the Coast Guard will assist 

all entities, including small entities, in 

understanding this rule. NOAA and the 

Coast Guard do not retaliate against any 

entity, including small entities, that may 

question or complain about this rule or 

any policy or action of the NOAA or the 

Coast Guard. 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. NOAA and the 

Coast Guard have analyzed this rule 

under that Order and have determined 

that it does not have implications for 

federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, NOAA and the Coast 

Guard do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

NOAA and the Coast Guard have 

analyzed this rule under Executive 

Order 13045, Protection of Children 

from Environmental Health Risks and 

Safety Risks. This rule is not an 

economically significant rule and does 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

NOAA and the Coast Guard have 

analyzed this rule under Executive 

Order 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use. 

NOAA and the Coast Guard have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, NOAA and the 

Coast Guard did not consider the use of 

voluntary consensus standards. 

M. Department of Commerce Docket 

Number 

The clearance docket number for the 

Department of Commerce is: 

070615197–91195–02. 

N. Environment 

The Coast Guard has analyzed this 

rule under Department of Homeland 

Security Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

NOAA has analyzed the proposed rule 

under NOAA Administrative Order 

216–6, which sets forth NOAA’s 


jlentini on DSKJ8SOYB1PROD with RULES
45560 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

environmental review procedures for 

implementing NEPA. The agencies have 

concluded that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 6(b) of the 

‘‘Appendix to National Environmental 

Policy Act: Coast Guard Procedures for 

Categorical Exclusions, Notice of Final 

Agency Policy’’ (67 FR 48244, July 23, 

2002) and NOAA NAO 216–6 sections 

5.05 and 6.03(c)(3)(i). This rule involves 

congressionally mandated regulations 

designed to improve or protect the 

environment. An environmental 

analysis checklist and the relevant 

categorical exclusion determinations are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects 

15 CFR Part 909 

Marine resources, Marine debris, 

Marine pollution, and Ocean dumping. 

33 CFR Part 151 

Administrative practice and 

procedure, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, and Water pollution 

control. 

NOAA signature. 

Dated: August 19, 2009. 

John H. Dunnigan, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management. 

Coast Guard signature. 

Dated: August 20, 2009. 

B.M. Salerno, 

RADM, Coast Guard, Assistant Commandant 

for Marine Safety, Security and Stewardship. 

■ For the reasons discussed in the 

preamble, NOAA adds 15 CFR part 909 

and the Coast Guard amends 33 CFR 

part 151 as follows: 

■ 1. 15 CFR Part 909 is added to read 

as follows: 

PART 909—MARINE DEBRIS 

§ 909.1 Definition of marine debris for the 

purposes of the Marine Debris Research, 

Prevention, and Reduction Act. 

Authority: 33 U.S.C. 1951–1958 (2006). 

§ 909.1 Definition of marine debris for the 

purposes of the Marine Debris Research, 

Prevention, and Reduction Act. 

(a) Marine debris. For the purposes of 

the Marine Debris Research, Prevention, 

and Reduction Act (33 U.S.C. 1951– 

1958 (2006)) only, marine debris is 

defined as any persistent solid material 

that is manufactured or processed and 

directly or indirectly, intentionally or 

unintentionally, disposed of or 

abandoned into the marine environment 

or the Great Lakes. 

(b) NOAA and the Coast Guard have 

jointly promulgated the definition of 

marine debris in this part. Coast Guard’s 

regulation may be found in 33 CFR 

151.3000. 

PART 151—VESSELS CARRYING OIL, 

NOXIOUS LIQUID SUBSTANCES, 

GARBAGE, MUNICIPAL OR 

COMMERCIAL WASTE, AND BALLAST 

WATER 

■ 2. Add Subpart E to Part 151, to read 

as follows: 

Subpart E—Definition of Marine Debris 

for the purposes of the Marine Debris 

Research, Prevention, and Reduction 

Act 

Authority: 33 U.S.C. 1951–1958 (2006); 33 

CFR 1.05–1; Department of Homeland 

Security Delegation No. 0170.1. 

§ 151.3000 Definition of Marine Debris for 

the purposes of the Marine Debris 

Research, Prevention, and Reduction Act. 

(a) Marine debris. For the purposes of 

the Marine Debris Research, Prevention, 

and Reduction Act (33 U.S.C. 1951– 

1958 (2006)) only, marine debris is 

defined as any persistent solid material 

that is manufactured or processed and 

directly or indirectly, intentionally or 

unintentionally, disposed of or 

abandoned into the marine environment 

or the Great Lakes. 

(b) NOAA and the Coast Guard have 

jointly promulgated the definition of 

marine debris in this part. NOAA’s 

regulation may be found in 15 CFR part 

909. 

[FR Doc. E9–21261 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–JE–P; 4910–15–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB54 

Labor Certification Process and 

Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered 

Nursing in the United States (H–2B 

Workers), and Other Technical 

Changes; Correction 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Technical correction. 

SUMMARY: This document contains a 

correction to the Final Rule of the H–2B 

program that was published on 

December 19, 2008. The Final Rule reengineers the application filing and 

review process by centralizing 

processing and by enabling employers 

to conduct pre-filing recruitment of 

United States (U.S.) workers. In 

addition, the rule enhances the integrity 

of the H–2B program through the 

introduction of post-adjudication audits 

and procedures for penalizing 

employers who fail to meet program 

requirements. This rule also makes 

technical changes to both the H–1B and 

the permanent labor certification 

program regulations to reflect 

operational changes stemming from this 

regulation. 

DATES: This technical correction is 

effective September 3, 2009. The 

technical correction is applicable 

beginning January 18, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

information on the labor certification 

process governed by this correction, 

contact William L. Carlson, 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room C–4312, Washington, DC 20210. 

Telephone: (202) 693–3010 (this is not 

a toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone via TTY by calling 

the toll-free Federal Information Relay 

Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 19, 2008 the 

Department of Labor’s (Department) 

Employment and Training 

Administration (ETA) published a Final 

Rule titled ‘‘Labor Certification Process 

and Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered Nursing 

in the United States (H–2B Workers), 

and Other Technical Changes.’’ It has 

come to ETA’s attention that due to a 

technical oversight a certain part of the 

final regulations was deleted from the 

Final Rule publication. The Department 

did not intend to remove this language 

from the regulations and through this 

correction notice the Department seeks 

to reinsert the inadvertently deleted 

language. 

Need for Correction 

As published, the final regulation 

erroneously removed a paragraph of 

§ 655.731 that the Department had 

intended to remain. The intention of 

this Notice is to reestablish that 

paragraph. 


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