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[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Notices]
[Pages 39395-39396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16879]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R01-OW-2011-0364, FRL-9430-1]

Massachusetts Marine Sanitation Device Standard--Notice of 
Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Determination.

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SUMMARY: The Regional Administrator of the Environmental Protection 
Agency--New England Region, has determined that adequate facilities for 
the safe and sanitary removal and treatment of sewage from all vessels 
are reasonably available for the coastal waters of Chatham, Orleans, 
Eastham, Wellfleet, Truro, and Provincetown, collectively termed the 
Outer Cape Cod for the purpose of this notice.

ADDRESSES: Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ann Rodney, U. S. Environmental 
Protection Agency--New England Region, Office of Ecosystem Protection, 
Oceans and Coastal Protection Unit, Five Post Office Square, Suite 100, 
OEP06-1, Boston, MA 02109-3912. Telephone: (617) 918-1538. Fax number: 
(617) 918-0538. E-mail address: rodney.ann@epa.gov.

SUPPLEMENTARY INFORMATION: On April 29, 2011, EPA published a notice 
that the Commonwealth of Massachusetts had petitioned the Regional 
Administrator, Environmental Protection Agency, to determine that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for the waters of the 
Outer Cape Cod. Four comments were received on this petition. The 
response to comments can be obtained utilizing the above contact 
information.
    The petition was filed pursuant to Section 312(f)(3) of Public Law 
92-500, as amended by Public Laws 95-217 and 100-4, for the purpose of 
declaring these waters a No Discharge Area (NDA).
    Section 312(f)(3) states: After the effective date of the initial 
standards and regulations promulgated under this section, if any State 
determines that the protection and enhancement of the quality of some 
or all of the waters within such State require greater environmental 
protection, such State may completely prohibit the discharge from all 
vessels of any sewage, whether treated or not, into such waters, except 
that no such prohibition shall apply until the Administrator determines 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage from all vessels are reasonably available for such 
water to which such prohibition would apply.
    This Notice of Determination is for the waters of the Outer Cape 
Cod. The NDA boundaries are as follows:

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           Waterbody/General Area             From  Longitude   From  Latitude   To  Longitude     To  Latitude
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The westernmost landward boundary of the NDA  69[deg] 59' 0''     41[deg] 39'   69[deg] 59' 0''     41[deg] 37'
 starting on the south side of Chatham is an               W           26'' N                W           20'' N
 imaginary line drawn between the western
 part of the outlet of Stage Harbor and the
 northern tip of Monomoy Island (All state
 waters east of Monomoy Island are included
 in this NDA)...............................
The southwestern boundary then continues      70[deg] 0' 36''     41[deg] 32'   70[deg] 0' 11''     41[deg] 29'
 from the southern tip of Monomoy Island                   W           30'' N                W           15'' N
 through two navigational aids to the state/
 federal waters boundary....................
The landward boundary of the NDA follows the     69[deg] 56'      41[deg] 39'   69[deg] 56' 6''     41[deg] 40'
 mean high water line from Chatham to                 36'' W           40'' N                W           56'' N
 Provincetown except at an imaginary line
 drawn between: (This imaginary line is
 across the mouth of Pleasant Bay, which is
 already an NDA)............................
The westernmost boundary on the northern      70[deg] 10' 0''  42[deg] 7' 59''  70[deg] 10' 0''  42[deg] 4' 47''
 side of Cape Cod is an imaginary line drawn               W                N                W                N
 from three miles off shore to the mean high
 water line in Provincetown (This imaginary
 line is contiguous with the Cape Cod Bay
 NDA).......................................
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    The boundaries were chosen based on easy line-of-sight locations 
and generally represent all navigational waters. The area includes the 
municipal waters of Chatham, Orleans, Eastham, Wellfleet, Truro, and 
Provincetown, and from mean high water out to the state/federal 
boundary.
    The information submitted to EPA by the Commonwealth of 
Massachusetts certifies that there is one landside pumpout facility at 
Goose Hummock Marine in Orleans within the proposed area available to 
the boating public. The location, contact information, hours of

[[Page 39396]]

operation, and water depth are provided at the end of this notice.
    Based on the examination of the petition and its supporting 
documentation, and information from site visits conducted by EPA New 
England staff, EPA has determined that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for the area covered under this determination.
    This determination is made pursuant to Section 312(f)(3) of Public 
Law 92-500, as amended by Public laws 95-217 and 100-4.

                                  Pumpout Facility Within the No Discharge Area
                                                [Outer Cape COD]
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                                                                                                Mean low  water
             Name                      Location           Contact info.          Hours               depth
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Goose Hummock Marine, Nauset    13 Old County Rd.,      508-255-2620.....  On call..........  3 ft.
 Harbor.                         Orleans, MA.           VHF 16...........
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    Dated: June 27, 2011.
Ira W. Leighton,
Acting Regional Administrator, New England Region.
[FR Doc. 2011-16879 Filed 7-5-11; 8:45 am]
BILLING CODE 6560-50-P
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