Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81519 

proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19), issued 

by the President on March 13, 2020. For 

assistance, contact the Federal Energy 

Regulatory Commission at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (886) 208–3676 or TYY, (202) 

502–8659. 

The Commission strongly encourages 

electronic filings of comments, protests 

and interventions in lieu of paper using 

the ‘‘eFiling’’ link at http://

www.ferc.gov. Persons unable to file 

electronically may mail similar 

pleadings to the Federal Energy 

Regulatory Commission, 888 First Street 

NE, Washington, DC 20426. Hand 

delivered submissions in docketed 

proceedings should be delivered to 

Health and Human Services, 12225 

Wilkins Avenue, Rockville, Maryland 

20852. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Comment Date: 5:00 p.m. Eastern 

Time on October 22, 2024. 

Dated: October 1, 2024. 

Debbie-Anne A. Reese, 

Acting Secretary. 

[FR Doc. 2024–23187 Filed 10–7–24; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2023–0329; FRL–10681–01– 

OW] 

Issuance of a General Permit for Ocean 

Disposal of Marine Mammal and Sea 

Turtle Carcasses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of 

proposed general permit. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to re-issue a 

general permit under the Marine 

Protection, Research and Sanctuaries 

Act (MPRSA) to authorize the transport 

of marine mammal and sea turtle 

carcasses from the United States and 

disposal of marine mammal and sea 

turtle carcasses in ocean waters. Permit 

authorization is available for any officer, 

employee, agent, department, agency, or 

instrumentality of Tribal, Federal, state, 

or local unit of government, as well as 

any Marine Life Health and Stranding 

Response Program (MLHSRP) Stranding 

Agreement Holder, and any Alaska 

Native, who already may take a marine 

mammal or sea turtle under the 

Endangered Species Act (ESA) and/or 

Marine Mammal Protection Act 

(MMPA). In 2017, the EPA issued a 

general permit for the ocean disposal of 

marine mammal carcasses to streamline 

MPRSA authorization and reduce 

burdens associated with case-by-case 

permitting. Permit re-issuance is 

necessary because the most recent 

permit expired on January 4, 2024. The 

EPA is not proposing substantive 

changes to the content of the recently 

expired general permit. The EPA invites 

public comment on all aspects of this 

proposed general permit. 

DATES: Comments on this proposed 

general permit will be accepted until 

December 9, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2023–0329, by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/(our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Water Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

proposed general permit. Comments 

received may be posted without change 

to https://www.regulations.gov/, 

including any personal information 

provided. For detailed instructions on 

sending comments, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Zulick, Freshwater and Marine 

Regulatory Branch; Oceans, Wetlands, 

and Communities Division, Mail Code 

4504T, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460; telephone 

(202) 566–0583; email address: 

zulick.cheryl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2023– 

0329, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from the docket. The 

Environmental Protection Agency (EPA) 

may publish any comment received to 

its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). Please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets for additional 

submission methods; the full EPA 

public comment policy; information 

about CBI, PBI, or multimedia 

submissions; and general guidance on 

making effective comments. 

I. General Information 

A. Does this action apply to me? 

The authorization proposed in this 

general permit is available for any 

officer, employee, agent, department, 

agency, or instrumentality of Tribal, 

Federal, state or local unit of 

government, as well as any Marine Life 

Health and Stranding Response Program 

(MLHSRP), including any Stranding 

Agreement Holder, and any Alaska 

Native, who already may take a marine 

mammal under the Endangered Species 

Act (ESA) or Marine Mammal Protection 

Act (MMPA), to transport from the 

United States and dispose of a marine 

mammal or sea turtle carcass in ocean 

waters. 

B. Does this action require the disposal 

of marine mammal or sea turtle 

carcasses in ocean waters? 

The proposed general permit does not 

require ocean disposal of marine 

mammal or sea turtle carcasses; it 

merely authorizes ocean disposal when 

there is a need for such disposals. 

C. Why does the EPA permit ocean 

disposal of marine mammal and sea 

turtle carcasses? 

Unless expressly excluded from the 

Marine Protection, Research, and 


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Sanctuaries Act (MPRSA), the 

transportation and disposition of any 

material in ocean waters, including 

marine mammal and sea turtle 

carcasses, requires a permit under the 

MPRSA. 

D. Why does this action require 

reporting? 

Given the natural occurrence of 

marine mammal and sea turtle carcasses 

in the marine environment, the disposal 

of marine mammal or sea turtle 

carcasses into the ocean is not 

anticipated to have any adverse effect 

on human health, fisheries resources, or 

marine ecosystems. Under the MPRSA 

regulations (40 CFR 224.1 through 

224.2), each person dumping materials 

under a general permit must maintain 

records of the physical and chemical 

characteristics of the material dumped, 

the times and locations of the dumping, 

and any other information required as a 

condition of the permit. Those records 

must be reported to the EPA as required 

under the general permit. Additionally, 

to meet the United States’ international 

treaty obligation for reporting under the 

London Convention, the EPA reports 

information about disposals under this 

general permit, and all other activities 

authorized by the MPRSA, annually to 

the International Maritime Organization. 

II. Federal Law and International 

Conventions 

Unless expressly excluded from the 

MPRSA, the transportation for the 

purpose of dumping and dumping of 

any material in ocean waters requires 

authorization under the MPRSA. The 

MPRSA uses the term ‘‘dumping,’’ and 

that term is defined broadly to 

encompass the disposition of material 

both for the purpose of disposal, 

including the disposal of marine 

mammal or sea turtle carcasses at sea, 

and for purposes other than disposal. 

In the United States, the MPRSA 

implements the requirements of the 

London Convention, the international 

treaty that protects the marine 

environment from the dumping of 

wastes and other matter into the ocean. 

Contracting Parties to the London 

Convention agreed to control dumping 

by implementing regulatory programs to 

assess the need for, and the potential 

impact of, dumping. The London 

Convention requires that Contracting 

Parties issue a permit for the dumping 

of wastes and other matter at sea and 

report, annually, on all permits issued 

and monitoring activities undertaken. 

Under the MPRSA, the EPA establishes 

general terms of authorization for the 

ocean disposal of marine mammal and 

sea turtle carcasses, but other Federal 

laws are implicated. 

The Marine Mammal Protection Act 

(MMPA), which is relevant for the 

purposes of this permit, as explained 

later, regulates ‘‘marine mammals’’ 

meaning any mammal that is 

morphologically adapted to the marine 

environment (including sea otters and 

members of the orders Sirenia, 

Pinnipedia, and Cetacea) or primarily 

inhabits the marine environment (e.g., 

polar bears). The Marine Turtle 

Conservation Act defines a sea turtle 

using the term ‘‘marine turtle’’, which 

means any member of the family 

Cheloniidae or Dermochelyidae. Other 

than for Alaska Natives with disposal 

needs when engaged in subsistence uses 

recognized by the MMPA, the EPA does 

not anticipate that ocean disposal will 

be necessary for marine mammal or sea 

turtle carcasses except in unusual 

circumstances, such as but not limited 

to, beached and floating marine 

mammal or sea turtle carcasses and 

mass strandings of marine mammals or 

sea turtles resulting in mortalities. In 

those unusual circumstances, ocean 

disposal may be necessary to protect 

human health, for example, when other 

disposal options are not available. 

Before 2017, the EPA permitted the 

ocean disposal of cetacean (whales and 

related species) and pinniped (seals and 

related species) carcasses on a case-bycase basis, with emergency permits. The 

EPA issued a general permit for the 

ocean disposal of marine mammal 

carcasses, which became effective in 

January 2017, to streamline MPRSA 

authorization and reduce burdens 

associated with case-by-case permitting. 

That general permit provided 

authorization from January 5, 2017, 

through January 4, 2024. Under the 

MPRSA, general permits may be issued 

for a period no longer than seven years. 

By issuing the proposed general permit, 

the general permit’s authorization to 

transport marine mammal and sea turtle 

carcasses for the purpose of disposal 

and to dispose marine mammal and sea 

turtle carcasses in ocean waters would 

be issued for another seven-year period. 

Since January 5, 2017, when the first 

general permit for the ocean disposal of 

marine mammal carcasses became 

effective, the EPA has authorized 32 

marine mammal carcass disposals in 

ocean waters under the general permit 

and an additional 43 marine mammal 

carcass disposals using emergency 

permits. The proposed permit would 

avoid the need for future emergency 

permitting for marine mammal or sea 

turtle carcasses. 

Federal laws providing protection and 

conservation of marine mammals and 

sea turtles include the MMPA, the ESA, 

the Marine Turtle Conservation Act, the 

Whaling Convention Act (WCA), the Fur 

Seal Act, and international conventions, 

including the Inter-American 

Convention for the Protection and 

Conservation of Sea Turtles, the 

International Convention for the 

Regulation of Whaling, which 

established the International Whaling 

Commission (IWC), and the Convention 

on International Trade in Endangered 

Species of Wild Fauna and Flora. 

Although this proposed general permit 

applies only to marine mammal or sea 

turtle carcasses, certain international 

regulations are relevant. The United 

States is a party to the IWC and IWC 

regulations are self-implementing. IWC 

regulations recognize indigenous or 

aboriginal subsistence whaling. As 

relevant to subsistence whaling in the 

United States, the IWC sets catch limits 

for the Western Arctic stock of bowhead 

whales based upon the needs of 

subsistence fishing in Alaska villages. 

The hunt is managed cooperatively by 

the National Marine Fisheries Service 

(NMFS) and the Alaska Eskimo Whaling 

Commission under the WCA and the 

MMPA. As such, any Alaska Native, 

who already may take a marine mammal 

under the MMPA and the ESA, are 

provided authority under this proposed 

general permit should marine mammal 

carcasses need to be transported and 

disposed at sea. 

The other relevant Federal program 

under the MMPA and the ESA is 

implemented by NMFS. MLHSRP 

Stranding Agreement Holders are 

provided authority under this proposed 

general permit because Stranding 

Agreement Holders are authorized to 

take marine mammals subject to the 

provisions of the MMPA (16 U.S.C. 1361 

et seq.) and the Fur Seal Act of 1966, as 

amended (16 U.S.C. 1151 et seq.). 

MLHSRP Stranding Agreement Holders 

are provided authority under this 

proposed general permit because 

Stranding Agreement Holders also are 

authorized to take sea turtles subject to 

the provisions of the ESA (16 U.S.C. 

1531 et seq.) and the implementing 

regulations governing the taking, 

importing, and exporting of endangered 

and threatened marine species and 

designated critical habitat (50 CFR parts 

222 through 226). As such, MLHSRP 

Stranding Agreement Holders may have 

a need for ocean disposal should 

stranded marine mammals or sea turtles 

die. 

III. Hazard to Public Safety and 

Navigation 

A floating carcass near shore (e.g., in 

a harbor) may pose a risk to public 


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safety before making land fall to the 

extent it might attract predators (e.g., 

sharks) to a recreation area in nearby 

waters or pose a hazard to navigation. 

Per regulations promulgated by the U.S. 

Army Corps of Engineers (USACE), at 33 

CFR 245.20, the determination of a 

navigation hazard is made jointly by the 

USACE and the U.S. Coast Guard 

(USCG). If such a determination is 

made, the USACE determines 

appropriate remedial action as 

described in USACE regulations at 33 

CFR 245.25, which may include 

removal of the carcass(es). MPRSA 

authorization to transport the carcass for 

the purpose of ocean disposal would be 

available through this proposed general 

permit if the navigation hazard removal 

operation requires ocean disposal of 

such carcasses. 

IV. Strandings and Beachings 

Marine mammals or sea turtles that 

have died or have become sick or 

injured can reach the ocean shoreline by 

a variety of mechanisms. Possible 

mechanisms include: beaching, which 

involves a marine mammal or sea turtle 

carcass being driven ashore by currents 

or winds; stranding (single or multiple) 

of live marine mammal(s) or sea turtle(s) 

that subsequently die; and transport on 

the bow of vessels. In most stranding 

cases, the causes of marine mammal and 

sea turtle strandings are unknown, but 

some causes may include the following: 

disease, parasite infestation, harmful 

algal blooms, injuries due to ship 

strikes, fishery entanglements, pollution 

exposure, unusual weather or 

oceanographic events, trauma, and 

starvation. While many marine 

mammals and sea turtles die every year, 

most carcasses never reach the shore; 

rather, the carcasses are consumed by 

other organisms or decompose 

sufficiently to sink to the ocean bottom 

where, depending upon size, the carcass 

may form the basis of an ‘‘organic fall’’ 

(e.g., kelp, wood, and whale falls) 

ecosystem. 

Stranding or beaching of marine 

mammals, sea turtles and/or marine 

mammal or sea turtle carcasses may 

pose a risk to public health due to the 

potential to transfer communicable 

diseases (e.g., brucellosis, poxvirus, and 

mycobacteriosis) to the public. Marine 

carcasses present a significant disposal 

concern not only because of their size 

but also due to the frequency with 

which carcasses reach the shoreline. 

From 2006–2021, an average of 6,300 

marine mammals stranded on United 

States shorelines per year (NMFS, 2024). 

A large majority of marine mammals 

that strand are either dead or die shortly 

after stranding (NMFS, 2022). 

V. Disposal and Management Options 

Generally, MLHSRP Stranding 

Agreement Holders are authorized to 

respond to marine mammals and sea 

turtles that are found floating near shore 

or beached, stranded along the shore. 

While Stranding Agreement Holders do 

not and cannot respond to every 

stranded marine mammal and sea turtle, 

when they do respond and deem 

disposal necessary, the carcass must be 

disposed of properly. The MLHSRP has 

prepared a programmatic Environmental 

Impact Statement that describes, among 

other things, disposal and management 

options for carcasses of deceased marine 

mammals and sea turtles. 

For a dead marine mammal or sea 

turtle encountered, generally available 

methods for carcass disposal and 

management fall into two main 

categories: remove-from-theenvironment and remain-in-theenvironment. Remove-from-theenvironment methods entail moving the 

carcass for disposal through controlled 

means and include disposing of a 

carcass in a landfill, and incinerating, 

rendering, or composting the carcass. 

Remain-in-the-environment methods 

involve leaving the marine mammal or 

sea turtle carcass in the environment to 

decompose naturally and include the 

following: allowing the carcass to 

remain and decompose in place; 

burying the carcass in place; and 

transporting the carcass to sea for ocean 

disposal. No one method is 

recommended for every carcass, and 

several factors are necessarily 

considered to determine the best 

disposal method for each carcass. 

Selection of a disposal method depends 

on factors such as number and size of 

the animal(s), carcass condition, the 

location, if chemicals were administered 

(including as antibiotics, sedatives and/ 

or chemical euthanasia agents), 

availability of local resources, and 

logistics. Location considerations 

include coastal geography, currents, 

proximity to areas used extensively by 

the public, and Tribal, Federal, state, 

and/or local laws and regulations. While 

other disposal methods are briefly 

discussed in background materials 

associated with this general permit, the 

proposed general permit only concerns 

the disposal method to tow or otherwise 

transport marine mammal or sea turtle 

carcass(es) to sea for ocean disposal. 

A. Remove-From-the-Environment 

Methods 

One benefit of removing the carcass 

from the environment is minimizing the 

likelihood of infectious disease 

transmission to humans, domesticated 

animals, and wildlife. These methods 

either sequester the carcass or destroy 

the carcass and any associated 

pathogens and should be considered if 

the animal is suspected to have died 

from a disease that can easily spread to 

human or other animal populations. 

Remove-from-the-environment 

approaches can also be beneficial if the 

carcass contains toxic chemicals, such 

as certain chemical euthanasia agents 

(e.g., pentobarbital). Some of these 

methods effectively remove these 

substances from the environment. 

1. Disposal in a Licensed Landfill 

The most widespread remove-fromthe-environment method is disposal in 

a landfill. With this method, the carcass 

is removed from the beaching or 

stranding location and brought to a 

nearby landfill in a lined or contained 

transport vehicle. Disposal in a licensed 

landfill can minimize the impact of 

releasing any toxic substances contained 

in the carcass, including euthanasia 

drugs (e.g., pentobarbital), because the 

substances can be contained to one 

location. However, not all licensed 

landfills may be able to accept animals 

that have been euthanized with 

barbiturates. Therefore, authorities 

would contact local landfills to ensure 

that the landfill can accept carcasses 

that contain these drugs. 

2. Incineration 

Incineration is the process by which 

carcass tissues are broken down by 

burning. Incineration destroys the 

physical integrity of a carcass and the 

remaining ashes and hard parts (i.e., 

teeth, bones, etc.) are buried in a 

landfill. Disposal via incineration can 

prevent the spread of diseases, toxic 

materials, and veterinary drugs 

contained in the carcass from entering 

the environment. Disposal via the 

incineration method may require 

preplanning and consultation with the 

local facility to fully understand the 

biological load that the incineration 

facility can handle. Incineration can be 

very expensive. Incineration facilities 

are not commonly found in all areas of 

the United States and the availability of 

commercial or municipal incinerators 

may be limited by the transportability of 

the carcass. 

3. Rendering 

Rendering is an activity in which the 

carcass is rapidly reduced and recycled 

into new products. Rendering uses all 

parts of the animal and often creates a 

protein by-product (e.g., protein meal) 

and a fat by-product (e.g., tallow and 

grease). Disposal via rendering exposes 

the carcass to high heat to eliminate 


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pathogens and prevent the spread of 

diseases. However, if a carcass contains 

euthanasia drugs some facilities may not 

be able to accept or process the 

carcasses depending on the drug. 

Disposal via rendering requires 

preplanning and consultation with the 

rendering facility to fully understand its 

policies for disposal of animals that 

were chemically euthanized (e.g., 

pentobarbital). Rendering may be very 

expensive. Rendering facilities are not 

commonly found in all areas of the 

United States and the availability of 

rendering facilities may be limited by 

the transportability of the carcass. 

4. Composting 

Composting marine mammal or sea 

turtle carcasses would involve bringing 

a carcass to a commercial composting 

facility (which may or may not require 

a state or local operating license) or to 

a site designated specifically for carcass 

composting or composting in a carcass 

digester. While composting is similar to 

disposal in a landfill, it offers the added 

benefit that the nutrients contained 

within the carcass are transformed into 

biologically available material. Disposal 

via composting can minimize the 

impact of releasing any pathogens or 

toxic substances contained in the 

carcass, including euthanasia drugs 

(pentobarbital), because composted 

carcasses are contained to one location. 

However, if a carcass contains certain 

veterinary drugs some facilities may not 

be able to accept or process the 

carcasses. Disposal via composting 

requires preplanning and consultation 

with the local facility to fully 

understand their policies for disposal of 

animals that were chemically 

euthanized and to ensure that all carcass 

compost will be used in accordance 

with local and state regulations on 

wildlife compost. Composting facilities 

are not commonly found in all areas of 

the United States and the availability of 

composting facilities may be limited by 

the transportability of the carcass. 

B. Remain-in-the-Environment Methods 

The remain-in-environment methods 

of disposal involve leaving the marine 

mammal or sea turtle carcass to 

naturally break down in the same, or 

similar, area in which it was found. 

Natural decomposition (or burial) may 

be used for both small and large marine 

mammals or sea turtles and is often the 

most preferred method if the carcass 

size or remoteness of the carcass 

location avoids logistical issues. 

Remain-in-the-environment disposal 

methods should not be used for animals 

that were chemically euthanized with 

drugs known to cause secondary 

poisoning, such as pentobarbital. 

1. In-Place Decomposition 

Allowing a carcass to remain in place 

to decompose may be an acceptable 

disposal method if the carcass does not 

pose a risk for public health and animal 

health or result in unacceptable odor or 

visual aesthetic impacts. In-place 

decomposition may also be the most 

practical when the carcass is located in 

an area that is remote or inaccessible to 

heavy equipment, thereby making other 

options, such as burying in place or 

moving to a different disposal location, 

infeasible. 

2. In-Place Burial 

In-place burial of a marine mammal or 

sea turtle carcass involves burying the 

carcass in the same, or similar, location 

where the animal was found and may be 

used as a disposal method, especially 

when the carcass is located near 

population centers or near areas used 

for recreational activities. In-place 

burial involves excavating a trough 

above the high tide line, placing the 

carcass in the trench, and covering the 

carcass with the excavated material. 

Burying the carcass creates a barrier that 

minimizes the smell and sight of the 

decaying carcass and reduces the 

likelihood of transmitting infectious 

diseases and attracting scavengers. 

Utilizing the in-place burial disposal 

method also depends on other factors 

such as the sediment substrate in the 

area (e.g., fine sediments versus rocks 

and boulders), the availability of 

appropriate excavation equipment, and 

potential environmental damage (e.g., 

destruction of dunes, beach grass, or 

nesting sites) caused by the 

transportation and operation of 

excavation equipment. 

3. Ocean Disposal 

The ocean disposal method is the 

only method to which the proposed 

general permit would apply and impose 

requirements. If a carcass cannot be 

moved to a land-based disposal 

location, left above ground to decay, or 

be buried in-place, it may be towed or 

moved offshore via another 

transportation method and disposed in 

the ocean, provided that an acceptable 

ocean disposal ‘‘site’’ or location can be 

identified. Ocean disposal of a marine 

mammal or sea turtle carcass entails 

selection of an appropriate location for 

the carcass to be released or sunk to 

prevent the carcass from drifting or 

washing back onshore, becoming a 

hazard to navigation, and/or damaging 

protected and sensitive habitats. The 

carcass may float due to gas formation 

from decomposition. To facilitate rapid 

sinking, opening the body cavity may be 

necessary. If the carcass is to be sunk 

rather than released at the disposal site, 

appropriate carcass preparation may be 

necessary (e.g., piercing the body cavity, 

attaching weights, cement barriers, or 

chains) at the ocean disposal site so that 

the carcass will not return to shore or 

pose a hazard to navigation. 

VI. Potential Consequences of Marine 

Mammal and Sea Turtle Carcass 

Disposal in the Ocean and Why a 

General Permit Is Appropriate 

Leaving a marine mammal or sea 

turtle carcass in the environment to 

decompose (e.g., in-place 

decomposition or burial, ocean 

disposal) provides many benefits to 

terrestrial, pelagic and benthic 

ecosystems (NMFS, 2022). Marine 

mammal and sea turtle carcasses which 

become stranded on shores and are left 

in-place to decompose or are buried are 

an integral part of coastal ecosystems 

providing a key source of food to 

scavengers and nutrients to the 

sediments, which may be utilized by 

algae and plants potentially increasing 

landscape heterogeneity (Bui 2009; 

Laidre et al., 2018; Quaggiotto et al., 

2022; Schultz et al., 2022). Marine 

mammal and sea turtle carcasses that 

decompose while floating in ocean 

waters provide an energy-rich source of 

food for other marine animals, such as 

orcas and sharks (Leclerc et al., 2011; 

Quaggiotto et al., 2022; Schultz et al., 

2022; Tucker et al., 2019; Whitehead 

and Reeves, 2005). Most marine 

mammal and sea turtle carcasses sink to 

the seafloor and decompose naturally 

(Quaggiotto et al., 2022; Schultz et al., 

2022). Whale carcasses are a significant 

source of carrion in the marine 

environment, representing a huge food 

supply to scavengers and decomposers 

(Smith and Baco, 2003). 

Whale falls, which occur naturally, 

are the most studied examples of marine 

mammal carcass decomposition on the 

seafloor (Smith et al., 2015). Whale falls 

are sites of intense and lasting 

enrichment of organic material and 

sulfides on the seafloor which attract 

and sustain diverse communities of 

vertebrate and invertebrate scavengers 

(Quaggiotto et al., 2022). Most deep-sea 

benthic ecosystems are organic-carbon 

limited and, in many cases, are 

dependent upon organic matter from 

surface waters (Smith and Baco, 2003). 

A sunken carcass provides a large load 

of organic carbon to the seafloor and 

enhances the structural complexity of 

the seafloor, provides habitats for 

chemosynthetic organisms and results 

in the establishment of specialized 


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biological assemblages (Smith and Baco, 

2003; Oldach et al., 2022; Smith et al., 

2015). Over 20 macrofaunal species are 

known to exclusively inhabit the 

microenvironment formed by large 

organic falls and over 30 other 

macrofaunal species are known to 

inhabit these sites (Smith and Baco, 

2003). The deep-sea benthic ecosystem 

response to whale falls has been the 

subject of scientific study and several 

stages of succession have been observed 

in the assemblages (Smith and Baco, 

2003). The duration of these stages 

varies greatly with carcass size, but 

generally occur as follows. The first 

stage is marked by the formation of 

bathyal scavenger assemblages that 

include hagfishes, sleeper sharks, crabs, 

and amphipods. During the second 

stage, sediments surrounding the 

carcass, which have become enriched 

with organic carbon, become colonized 

by high densities of worms (e.g., 

Dorvilleidae, Chrysopetalidae). Once the 

consumption of soft tissue is complete, 

decomposition proceeds dominantly via 

anaerobic microbial digestion of bone 

lipids. The efflux of sulfides from the 

bones may, depending upon the size of 

the skeleton, provide for the formation 

of chemoautotrophic assemblages, 

which marks the third stage of 

succession. Chemoautotrophic 

assemblages formed typically consist of 

organisms such as heterotrophic 

bacteria, mussels, snails, worms, 

limpets, and amphipods. 

Water and sediment quality may be 

negatively affected by at-sea disposals of 

marine mammal carcasses because a 

carcass could release contaminants into 

the water during decomposition (NMFS, 

2022). Because contaminants would 

dilute rapidly in the water or break 

down over time in the tissues, the 

adverse impact would be minor and no 

different than what would happen 

naturally had the carcass sank to the 

seafloor and decomposed (NMFS, 2022). 

The EPA has permitted numerous atsea disposals of marine mammal 

carcasses under the MPRSA. In 2020, 

the EPA conducted biological, chemical, 

and physical monitoring of a location 

offshore where several marine mammal 

carcasses had been sunk for disposal 

between 2009 and 2020, with the most 

recent disposal occurring six months 

prior to monitoring. The purpose of this 

survey was to determine the impact the 

decomposing whales may have caused 

to the immediate benthic community 

and surrounding area. Monitoring 

results from a recently disposed 

humpback whale carcass revealed that 

the carcass was reduced to whale bones 

with minimal whale tissue remaining 

within six months and found no 

measurable impact on sediment quality 

parameters (including total organic 

carbon, grain size, and polychlorinated 

biphenyl concentration) from 

decomposition. 

Less research is available regarding atsea decomposition of sea turtle 

carcasses. When a sea turtle dies at sea, 

however, the carcass typically sinks 

until decomposition gases cause the 

body to bloat and float to the surface 

(Schultz et al., 2022). Partially 

submerged, sea turtle carcasses may 

drift as they are transported by winds 

and currents until it washes onshore or 

decomposes further and sinks to the 

seafloor (Santos et al., 2018). Once 

settled on the seafloor, sea turtle 

carcasses would decompose naturally 

(Schultz et al., 2022). The EPA seeks to 

minimize the adverse impacts to the 

marine environment from the materials 

used to sink carcasses through required 

consultation by the permittee with the 

applicable EPA MPRSA Coordinator. 

Materials that have been used for 

sinking marine mammal carcasses under 

the MPRSA include jute rope, sandbags, 

concrete and steel cables that do not 

cause adverse impact on water or 

sediment quality (NMFS, 2022). 

Materials used effectively to do so 

include: (1) small volumes of sand that 

do not cause an adverse effect on the 

seafloor substrate type; (2) burlap 

sandbags and jute rope (used to sink 

smaller carcasses) because they are nonplastic, especially biodegradable 

materials that would not persist or cause 

an ingestion hazard (Araya-Schmidt and 

Queirolo, 2019; Rautenbach et al., 2024; 

Unsworth et al., 2019; Wang et al., 2021; 

Zhang et al., 2015); (3) jute rope used to 

tie the bags to the animal that is the 

shortest length needed so to minimize 

the risk of entanglement; and (4)) 

concrete keel blocks and steel cable 

used to sink larger carcasses made from 

non-plastic, inert, materials that are not 

anticipated to degrade the water quality 

of the seafloor or the water column 

(Melchers et al., 2022; Moffat et al., 

2017; NMFS, 2022; Sun et al., 2022). 

Generally, marine mammal and sea 

turtle strandings represent a minimum 

measure of actual at-sea mortality as 

scientific studies have estimated that 

stranding events represent only 10–20% 

of total mortalities in open ocean 

environments (Epperly et al., 1996; Hart 

et al., 2006; Santos et al., 2018). 

Considering the available scientific 

information on marine mammal and sea 

turtle strandings, marine mammal and 

sea turtle in situ decomposition and 

organic falls, the EPA finds that the 

potential adverse effects of ocean 

disposal of marine mammal or sea turtle 

carcasses are minimal for the following 

reasons: (1) except in rare instances, 

most marine mammal or sea turtle 

carcasses would sink to and decompose 

on the ocean floor rather than wash 

ashore; (2) the formation of an organic 

fall is a naturally occurring 

phenomenon with no known adverse 

environmental impacts; (3) the materials 

used for sinking carcasses are chosen to 

minimize adverse environmental 

impacts; (4) the site selection for sinking 

carcasses requires consultation to avoid 

adverse environmental impacts; and (5) 

transporting a marine mammal or sea 

turtle carcass to sea for ocean disposal, 

when other disposal methods are not 

viable, presents a minimal perturbation 

to a naturally occurring phenomenon. 

The EPA’s findings are consistent 

with the statutory considerations 

applicable to permit issuance under the 

MPRSA because: (1) the general permit 

requires consideration of land-based 

alternatives; (2) marine mammal and sea 

turtle carcass disposals will not cause a 

significant adverse effect on human 

health, fisheries resources, or marine 

ecosystems; and (3) marine mammal 

and sea turtle carcass disposals will not 

result in permanent adverse effects. 

VII. Statutory and Regulatory 

Background 

MPRSA Section 101, 33 U.S.C. 1411, 

prohibits the unpermitted transportation 

of any material for the purpose of 

dumping it into ocean waters. MPRSA 

Section 102(a)(1), 33 U.S.C. 1412(a), 

authorizes the EPA, after notice and the 

opportunity for public hearings, to issue 

ocean dumping permits. MPRSA 

Section 104(c), 33 U.S.C. 1414(c), 

authorizes the EPA to issue general 

permits for the transportation for the 

purpose of dumping, dumping, or both 

for specified materials, or classes of 

materials, it determines will have a 

minimal adverse environmental impact. 

The EPA regulations explain that EPA 

may issue general permits for the 

dumping of materials that have a 

minimal adverse environmental impact 

and are generally disposed of in small 

quantities, or emergency permits for 

specific classes of materials that must be 

disposed of in emergency situations (40 

CFR 220.3(a) and (c)). The towing or 

other method of transportation to move 

a marine mammal or sea turtle carcass 

offshore by any person for disposal at 

sea constitutes transportation of 

material for the purpose of dumping in 

ocean waters, and thus is subject to the 

MPRSA. Because the material to be 

disposed will consist of the carcass or 

carcasses, there will be no materials 

present that are prohibited by 40 CFR 

227.5. 


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VIII. Consideration of Alaska Natives 

Engaged in Subsistence Uses 

Alaska Natives engaged in subsistence 

uses are not required to, but may, 

transport and dispose of marine 

mammal carcasses in ocean waters. 

However, Section B of the proposed 

general permit includes specific 

considerations that are available to 

Alaska Native persons engaged in 

subsistence uses. For purposes of this 

proposed general permit, the EPA 

intends the term ‘‘Alaska Native’’ to be 

based on the statutory term defined at 

16 U.S.C. 1371(b) that refers to ‘‘any 

Indian, Aleut, or Eskimo who resides in 

Alaska and who dwells on the coast of 

the North Pacific Ocean or the Arctic 

Ocean’’ who takes a marine mammal for 

subsistence purposes or for purposes of 

creating and selling authentic native 

articles of handicrafts and clothing and 

provided such taking is not in a 

wasteful manner. Section B of the 

proposed general permit authorizes 

ocean disposal of marine mammal 

carcasses by an Alaska Native engaged 

in subsistence uses for two reasons. 

First, marine mammals are 

comparatively abundant and widely 

distributed throughout coastal Alaska, 

and Alaska Natives depend upon these 

natural resources for many customary 

and traditional uses. Collectively, the 

customary and traditional uses (e.g., 

food, clothing) are referred to as 

‘‘subsistence uses.’’ Alaska Native 

subsistence uses of marine mammals 

have been ongoing for thousands of 

years. The United States has recognized 

the importance of subsistence uses of 

marine mammals by Alaska Natives 

through enactment of the MMPA, which 

expressly exempts Alaska Natives 

engaged in subsistence uses from the 

general prohibition on ‘‘taking’’ marine 

mammals under certain circumstances 

(16 U.S.C. 1371(b)). The MPRSA, by 

comparison, does not include a similar 

exemption for the transport and 

disposal in ocean waters by Alaska 

Natives when marine mammal carcasses 

(or parts thereof) have no further use for 

subsistence purposes. Section B of the 

proposed general permit accommodates 

the absence of an MPRSA exemption 

similar to the MMPA exemption by 

facilitating authorization of ocean 

disposal of marine mammal carcasses by 

Alaska Natives. 

Second, many coastal communities of 

Alaska Natives who engage in 

subsistence uses are located in remote 

locations and thus face a time-critical 

public safety issue, for example, when 

a marine mammal carcass washes 

ashore near a village or town, or a 

marine mammal is harvested or 

salvaged, and the carcass is hauled 

ashore near a village or town. Such 

carcasses may attract bears or other 

scavenger animals, which may increase 

the risk of human injury or mortality. 

For these reasons, there are specific 

provisions in the proposed general 

permit for Alaska Natives engaged in 

subsistence activities to expedite the 

transport and disposal of marine 

mammals in ocean waters, if necessary. 

With these considerations in mind, 

the EPA’s intent in reissuing the Alaska 

Native-specific permit conditions (see 

Section B) is, to the maximum extent 

allowable, to avoid unnecessary 

interference with long-standing 

subsistence uses and traditional cultural 

practices, and to recognize the unique 

circumstances of Alaska Natives 

engaged in subsistence uses. In 

proposing this general permit, the EPA 

does not intend to change, alter, or 

otherwise affect subsistence uses of 

marine mammals by Alaska Natives 

engaged in subsistence uses. Section B 

sets forth requirements designed to 

address these considerations while also 

complying with international treaties, 

the MPRSA, and the EPA’s regulations 

at 40 CFR subchapter H. The primary 

differences between Sections A and B 

relate to Federal agency concurrence, 

distance from land requirements for 

ocean disposal, and reporting 

requirements. 

To further clarify, the proposed 

general permit does not in any way 

require ocean disposal of marine 

mammal carcasses; it merely authorizes 

ocean disposal of marine mammal 

carcasses when there is a need for such 

disposals. Additionally, the proposed 

general permit is not intended to and 

does not regulate: any subsistence 

activities of Alaska Natives, including 

hunting, harvesting, salvaging, hauling, 

dressing, butchering, distribution, and 

consumption of marine mammals (or 

any other species used for subsistence 

purposes); the transportation and 

dumping of marine mammal carcasses 

on land, such as in whale boneyards or 

in inland waters (i.e., waters that are 

landward of the baseline of the 

territorial sea, such as rivers, lakes and 

certain enclosed bays or harbors); or 

leaving marine mammal carcasses to 

decompose in place on sea ice (or in a 

hole or lead in the sea ice), where there 

is no transportation by vessel or other 

vehicle for the purpose of ocean 

disposal. The purpose of this proposed 

general permit is to expedite required 

authorizations the EPA manages for the 

ocean disposal of marine mammal 

carcasses. 

IX. Discussion 

Considering the information 

presented in the previous section, the 

EPA determines that the potential 

adverse environmental impacts of 

marine mammal or sea turtle carcass 

disposal at sea are minimal and that 

marine mammal and sea turtle carcasses 

often must be disposed of to mitigate 

threats to public safety (e.g., recreational 

uses in nearby waters), as well as risks 

of navigation hazards. As such, issuance 

of a general permit for the transportation 

for the purpose of disposal and the 

ocean disposal of marine mammal and 

sea turtle carcasses is appropriate under 

the MPRSA. 

Authorization under Section A of the 

proposed general permit is available to 

Tribal, Federal, state, and local 

government officials and employees 

acting in the course of official duties 

and to MLHSRP Stranding Agreement 

Holders. Section A authorizes such 

persons to transport and dispose of 

marine mammal or sea turtle carcasses 

in ocean waters. Section A requires that 

each such permittee consult with the 

MLHSRP of NMFS—and recommends 

that each such general permittee 

consults with the applicable USCG 

District Office—prior to initiating any 

ocean disposal activities with respect to 

a marine mammal or sea turtle carcass. 

Permittees authorized under Section A 

would need to consult with and obtain 

concurrence from the applicable EPA 

Regional Office on selection of an ocean 

disposal site, which must be at a 

location three miles seaward of the 

mean lower low water line (ordinary 

low water mark) along the coast or a 

‘‘closing line’’ across river mouths and 

openings of bays as demarcated on 

nautical charts. Disposal sites in the 

ocean waters of Puget Sound are not 

subject to the distance from shore 

restriction, however, permittees would 

need to consult with and obtain 

concurrence from EPA Region 10 on 

selection of the site. The EPA has 

requested Clean Water Act Section 401 

certification from the state of 

Washington and from Tribes in the 

Puget Sound area for disposals in the 

ocean waters of Puget Sound that are 

not subject to the distance from shore 

restriction. All permittees authorized 

under Section A also need to submit a 

report to the applicable EPA Regional 

Office on the ocean disposal activities 

after the disposal. 

Alaska Natives engaged in subsistence 

uses are not required to, but may, 

transport and dispose of marine 

mammal carcasses in ocean waters. 

When disposal in ocean waters is the 

selected disposal approach, Section B of 


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the proposed general permit authorizes 

any Alaska Native engaged in 

subsistence uses to transport and 

dispose of a marine mammal carcass in 

ocean waters. Under Section B, the 

Alaska Native general permittee selects 

an ocean disposal site sufficiently far 

offshore so that currents and winds are 

not expected to return the carcass to 

shore and the carcass is not expected to 

pose a hazard to navigation and 

afterwards submits, on an annual basis, 

a report to EPA Region 10 on ocean 

disposal activities conducted in the 

prior calendar year. Section B does not 

require a statement of need for selecting 

ocean disposal nor does it specify a 

distance requirement. The EPA has 

requested Clean Water Act Section 401 

certification from the state of Alaska for 

the Section B authorization. 

X. Statutory and Executive Order 

Reviews 

A. Paperwork Reduction Act 

The information collections under 

this general permit are covered under 

the MPRSA Information Collection 

Request (ICR) that has been submitted 

for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act. The ICR 

document that the EPA prepared for all 

MPRSA activities has been assigned 

EPA ICR number 0824.08. 

Under section 104(e) of the MPRSA, 

33 U.S.C. 1414(e) and implementing 

regulations at 40 CFR 221.1–221.2, 

applicants for an MPRSA permit must 

provide information that the EPA 

determines is necessary to review and 

evaluate such application, for example, 

to ensure that ocean dumping is 

appropriately regulated and will not 

harm human health or the marine 

environment. To meet United States’ 

reporting obligation under the London 

Convention, the EPA reports some of 

this information in the annual United 

States ocean dumping report, which is 

transmitted to the International 

Maritime Organization for treaty 

compliance purposes. 

Respondents/affected entities: Any 

officer, employee, agent, department, 

agency, or instrumentality of Tribal, 

Federal, state, or local unit of 

government, as well as any MLHSRP 

Stranding Agreement Holder, who 

disposes of a marine mammal or sea 

turtle carcass in ocean waters and any 

Alaska Native engaged in subsistence 

uses who disposes of a marine mammal 

carcass in ocean waters will be affected 

by this proposed general permit. Under 

this proposed general permit, 

respondents do not need to request 

permit authorization because the 

general permit authorizes ocean 

disposal of a marine mammal or sea 

turtle carcass by an eligible person. 

Respondent’s obligation to respond: 

Pursuant to regulations implementing 

Section 104(e) of the MPRSA, 33 U.S.C. 

1414(e), at 40 CFR 221.1–221.2, the EPA 

requires all ocean dumping permittees 

to supply specified reporting 

information. 

B. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has Tribal implications. 

However, the proposed general permit 

will neither impose substantial direct 

compliance costs on federally 

recognized Tribal governments, nor 

preempt Tribal law. The proposed 

general permit has Tribal implications 

because it may affect traditional 

practices of some Tribes. 

The EPA consulted with Tribal 

officials under the EPA Policy on 

Consultation and Coordination with 

Indian Tribes early in the process of 

reviewing the current general permit 

and preparing to re-issue this proposed 

general permit to allow them to have 

meaningful and timely input into its 

development. 

On February 14, 2023, the EPA 

emailed a consultation notification 

letter with a consultation and 

coordination plan to all 574 federally 

recognized Tribes, notifying them of this 

upcoming action and inviting Tribal 

leaders and designated consultation 

representatives to participate in the 

Tribal consultation and coordination 

process. 

In early 2024, when the EPA was 

considering expanding the scope of the 

general permit to include ocean waters 

of Puget Sound, it held an additional 

Tribal coordination and consultation 

period for the Tribes in the Puget Sound 

area that would be affected by any such 

expansion of the permit’s scope. 

On April 2, 2024, the EPA emailed a 

consultation notification letter with a 

consultation and coordination plan to 

federally recognized Tribes in the Puget 

Sound area, notifying the Tribes of the 

proposal to modify the scope of the 

permit and inviting Tribal leaders and 

designated consultation representatives 

to participate in the Tribal consultation 

and coordination process. A summary of 

the Tribal consultation and coordination 

effort, the Tribal input received, and 

how the EPA considered the input 

received may be found in the docket for 

this action (Docket ID No. EPA–HQ– 

OW–2023–0329). 

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Lilley, R., Lowe, C., Nuuttila, H.K., & 

Rees, S.C. (2019). Sowing the Seeds of 

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Wang, X., Tang, H., Wang, L., Yu, W., & 

Wang, K. (2021). Degradability 

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T., & Liu, Y.-S. (2015). An effective seed 

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2015.04.036. 

Stacey M. Jensen, 

Director, Oceans, Wetlands, and 

Communities Division. 

For the reasons stated above, the EPA 

proposes to issue the general permit for 

the transportation and ocean disposal of 

marine mammal or sea turtle carcasses 

as follows: 

General Permit for the Transportation 

and Ocean Disposal of Marine Mammal 

and Sea Turtle Carcasses 

A. General Requirements for 

Governmental Entities and Stranding 

Agreement Holders 

Except as provided in Section B 

below, any officer, employee, agent, 

department, agency, or instrumentality 

of Tribal, Federal, state, or local unit of 

government, and any MLHSRP 

Stranding Agreement Holder, is hereby 

granted a general permit to transport for 

the purpose of disposal and dispose of 

marine mammal and sea turtle carcasses 

in ocean waters subject to the following 

conditions: 

1. The permittee shall consult with a 

Stranding Agreement Holder of NMFS 

prior to initiating any disposal 

activities. Points of contact for 

Stranding Agreement Holders are 

available at http://www.epa.gov/oceandumping/ocean-disposal-marinemammal-carcasses. 

2. The permittee shall consult with 

and obtain written concurrence (via 

email or letter) from the applicable EPA 

Regional Office on ocean disposal site 

selection. A disposal site must be at a 

location three miles seaward of the 

mean lower low water line (ordinary 

low water mark) along the coast or 

‘‘closing lines’’ across river mouths and 

openings of bays as demarcated on 

nautical charts. Disposal sites in the 

ocean waters of Puget Sound are not 

subject to the distance from shore 

restrictions, however permittees would 

need to consult with and obtain 

concurrence from EPA Region 10 on 

selection of the site. Because the 

presence of a marine mammal or sea 

turtle carcass near human habitation or 

recreation areas may pose a time-critical 

public safety issue, the permittee may 

obtain concurrence via telephone from 

the applicable EPA Regional Office 

provided that the permittee 

subsequently obtains written 

concurrence (via email or letter). Points 

of contact at the EPA are available at 

http://www.epa.gov/ocean-dumping/ 

ocean-disposal-marine-mammalcarcasses. 

3. If a determination is made that the 

carcass must be sunk, rather than 

released at the disposal site, the 

transportation and disposal of materials 

necessary to ensure the sinking of the 

carcass are also authorized for ocean 

dumping under this general permit. 

When materials are to be used to sink 

the carcass, the permittee must first 

consult with and obtain written 

concurrence (via email or letter) from 

the applicable EPA Regional Office on 

the selection of materials. Any materials 

described in 40 CFR 227.5 (prohibited 

materials) or 40 CFR 227.6 (constituents 

prohibited as other than trace amounts) 

shall not be used. The transportation 

and dumping of any materials other 

than the materials necessary to ensure 

the sinking of the carcass are not 

authorized under this general permit 

and constitute a violation of the 

MPRSA. Because the presence of a 

marine mammal or sea turtle carcass 

near human habitation or recreation 

areas may pose a time-critical public 

safety issue, the permittee may obtain 

concurrence via telephone from the 

applicable EPA Regional Office 

provided that the permittee 

subsequently obtains written 

concurrence (via email or letter). 

4. The permittee shall submit a report 

on the ocean disposal activities 

authorized by this general permit to the 

applicable EPA Regional Office within 

30 days after carcass disposal. This 

report shall include: 

a. A description of the carcass(es) 

disposed (e.g., species, approximate 

length, general condition, floating or 

not); 

b. The date and time of the disposal, 

the latitude and longitude of the ocean 

disposal site, and the geodetic datum 

associated with the coordinates of the 

disposal site. Latitude and longitude of 

the disposal site shall be reported at the 

highest degree of accuracy available on 

board the vessel that transported the 

carcass (e.g., onboard geographic 

position system technology); 

c. The name, title, affiliation, and 

contact information of the person in 

charge of the disposal operation and the 

person in charge of the vessel or vehicle 

that transported the carcass (if different 

than the person in charge of the 

disposal); 

d. A statement of need and rationale 

for selecting ocean disposal rather than 

other disposal options; and 


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81527 

5. The permittee shall immediately 

notify the EPA of any violation of any 

condition of this general permit. 

B. Requirements for Any Alaska Native 

Engaged in Subsistence Uses 

Notwithstanding Section A, any 

Alaska Native engaged in subsistence 

uses is hereby granted a general permit 

to transport for the purpose of disposal 

and dispose of marine mammal 

carcasses in ocean waters subject to the 

following conditions: 

1. The permittee shall submit a report 

(via email or letter) on all disposal 

activities authorized by this general 

permit that the permittee has conducted 

in the prior calendar year. Reports shall 

be submitted to EPA Region 10 within 

30 days of the end of the calendar year. 

Contact information for EPA Region 10 

is available at http://www.epa.gov/ 

ocean-dumping/ocean-disposal-marinemammal-carcasses. This report shall 

include: 

a. The number and type of carcasses 

disposed; 

b. A description of the general 

vicinity in which the carcasses were 

disposed; and 

c. The name and contact information 

of the permittee. 

2. Where ocean disposal is the 

selected approach, marine mammal 

carcasses must be towed or otherwise 

transported to a site offshore where, 

based on available information, which 

may include local or traditional 

knowledge, currents and winds are not 

expected to return the carcass to shore 

and the carcass is not expected to pose 

a hazard to navigation. 

[FR Doc. 2024–23035 Filed 10–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 248825] 

Privacy Act; System of Records 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: The Federal Communications 

Commission (FCC, Commission, or 

Agency) proposes to modify an existing 

system of records, FCC/OS–1, Electronic 

Comment Filing System (ECFS), subject 

to the Privacy Act of 1974, as amended. 

This action is necessary to meet the 

requirements of the Privacy Act to 

publish in the Federal Register notice of 

the existence and character of records 

maintained by the agency. The 

Commission uses this system to handle 

and process public comments related to 

FCC rulemakings and other proceedings. 

This modification makes various 

necessary changes to the Categories of 

Records and identifies a new FCC point 

of contact. 

DATES: This modified system of records 

will become effective on October 8, 

2024. Written comments on the routine 

uses are due by November 7, 2024. The 

routine uses in this action will become 

effective on November 7, 2024 unless 

comments are received that require a 

contrary determination. 

ADDRESSES: Send comments to Brendan 

McTaggart, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554 or privacy@

fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brendan McTaggart, (202) 418–1738, or 

privacy@fcc.gov (and to obtain a copy of 

the Narrative Statement and the 

Supplementary Document, which 

include details of the proposed 

alterations to this system of records). 

SUPPLEMENTARY INFORMATION: As 

required by the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a(e)(4) and 

(e)(11), this document sets forth notice 

of the proposed modification of a 

system of records maintained by the 

FCC. The FCC previously provided 

notice of the system of records, FCC/ 

OS–1 by publication in the Federal 

Register on December 19, 2023 (88 FR 

87774). 

The substantive changes and 

modifications to the previously 

published version of the FCC/OS–1 

system of records include: 

1. Updating the Authority, Purposes, 

Categories of Individuals, and 

Categories of Records to include the 

submission of responses to audits of the 

Equal Employment Opportunity (EEO) 

programs of multi-channel video 

program distributors (MVPDs) 

(including complainants and, via the 

annual EEO Public File Reports 

submitted therewith, recruitment and 

referral sources). 

2. Updating Routine Use (5) Law 

Enforcement and Investigation, and 

making minor clerical edits to other 

routine uses, to maintain consistency 

with recently published FCC SORNs. 

SYSTEM NAME AND NUMBER: 

FCC/OS–1, Electronic Comment 

Filing System (ECFS). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Office of the Secretary, Federal 

Communications Commission, 45 L 

Street NE, Washington, DC 20554 and 

1270 Fairfield Road, Gettysburg, PA 

17325. 

SYSTEM MANAGER(S): 

Office of the Secretary, Federal 

Communications Commission (FCC), 45 

L Street NE, Washington, DC 20554. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

44 U.S.C. chapter 36; 47 U.S.C. 151, 

154, and 554; and sections 504 and 508 

of the Rehabilitation Act, 29 U.S.C. 794. 

PURPOSE(S) OF THE SYSTEM: 

The ECFS collects comments and 

related data or metadata received by the 

FCC, whether electronically through the 

ECFS via an internet web-browser, by 

mail, by hand delivery of paper copy, or 

by other methods, as well as other files 

and records submitted in response to 

Commission rulemakings and docketed 

proceedings, and by the FCC’s 

administrative law staff as the 

repository for official records for 

administrative proceedings. In order to 

comply with the requirements of 

various statutes and regulations, the 

FCC offers multiple avenues through 

which the public can be involved in the 

FCC decision-making process and can 

inform the FCC of concerns regarding 

compliance with FCC rules and 

requirements. Collecting and 

maintaining these types of information 

allows the FCC to be fully informed in 

decision-making, implementation, and 

enforcement endeavors. The FCC 

Enforcement Bureau also uses ECFS to 

collect and process responses to audits 

of the EEO programs of MVPDs to 

enforce compliance with the 

Commission’s EEO requirements. The 

ECFS also allows staff access to 

documents and data necessary for key 

activities discussed in this SORN 

including analyzing effectiveness and 

efficiency of related FCC programs, 

informing future rule and policy-making 

activity, and improving staff efficiency. 

Records in this system are available for 

public inspection. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals and representatives of 

groups, companies, and other entities 

who have filed comments and other 

files and records in FCC rulemakings 

and docketed proceedings or other 

matters arising under the 

Communications Act of 1934, as 

amended, the Rehabilitation Act, or 

related statutes, as well as individuals 

(including EEO complainants and, via 

the annual EEO Public File Reports 

submitted therewith, recruitment and 

referral sources) identified in responses 


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