[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31288-31289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15485]



[[Page 31288]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0986]


Voluntary Compliance With International Sewage Regulations in 
Annex IV to MARPOL 73/78

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The U.S. Coast Guard announces the availability of Navigation 
and Vessel Inspection Circular (NVIC) No. 1-09, which provides guidance 
on voluntary compliance with MARPOL Annex IV. On January 1, 2010, the 
revised effluent standards and performance test criteria for sewage 
treatment plants under MARPOL Annex IV will enter into force 
internationally. The United States is not party to MARPOL Annex IV; 
however, vessels registered in the United States visiting nations that 
are party may need to demonstrate compliance with MARPOL Annex IV 
regulations on the prevention of pollution by sewage from ships. The 
U.S. Coast Guard is assisting vessels registered in the United States 
as well as the manufacturers of sewage treatment plants, and the 
independent laboratories that test such equipment, in demonstrating 
compliance with MARPOL Annex IV by providing the guidance in NVIC No. 
1-09. Failure of a vessel registered in the United States to have the 
appropriate certificate demonstrating voluntary compliance with MARPOL 
Annex IV could result in a port State detention abroad.

DATES: The revised effluent standards and performance tests for sewage 
treatment plants enter into force on January 1, 2010, for ships with a 
keel laid date on or after January 1, 2010, and for ships having a 
sewage treatment plant installed or delivered on or after January 1, 
2010.

ADDRESSES:

Testing Facility

    Requests for a U.S. Coast Guard letter of acceptance as a qualified 
facility may be sent to the Office of Design and Engineering Standards 
(CG-521), U.S. Coast Guard, 2100 Second St., SW., Washington, DC 20593-
7126.

Equipment Manufacturer

    Requests for a U.S. Coast Guard Certificate of Approval may be sent 
to the Marine Safety Center, U.S. Coast Guard, 2100 Second St., SW., 
Washington, DC 20593-7102.

Vessel

    Requests for a Statement of Voluntary Compliance with MARPOL Annex 
IV and request for onboard survey may be sent to the local Officer in 
Charge, Marine Inspection (OCMI). For a listing of OCMIs, visit our 
Internet portal Homeport at http://homeport.uscg.mil and then select 
Port Directory.

FOR FURTHER INFORMATION CONTACT: For additional information about this 
notice, please contact one of the following:

Testing Facility

    Lieutenant Rob Griffiths, Office of Design and Engineering 
Standards (CG-521), telephone +1 (202) 372-1367, e-mail 
<a href="/cdn-cgi/l/email-protection#b6e4d9d4d3c4c298e698f1c4dfd0d0dfc2dec5f6c3c5d5d198dbdfda"><span class="__cf_email__" data-cfemail="01536e636473752f512f46736867676875697241747262662f6c686d">[email protected]</span></a>.

Equipment Manufacture

    Chief Warrant Officer Timothy R. Willis, Marine Safety Center, 
telephone +1 (202) 475-3402, e-mail <a href="/cdn-cgi/l/email-protection#4d19242022392534631f631a242121243e0d383e2e2a63202421"><span class="__cf_email__" data-cfemail="f1a5989c9e859988dfa3dfa6989d9d9882b184829296df9c989d">[email protected]</span></a>.

U.S. Flagged Vessels

    Local OCMI. See Port Directory at http://homeport.uscg.mil. For 
vessels enrolled in the Alternate Compliance Program, contact the 
Authorized Classification Society. Alternatively, contact Lieutenant 
Commander Scott Muller, Office of Vessel Activities (CG-543), telephone 
(202) 372-1220, e-mail <a href="/cdn-cgi/l/email-protection#c497a7abb0b0ea93ea89b1a8a8a1b684b1b7a7a3eaa9ada8"><span class="__cf_email__" data-cfemail="fba898948f8fd5acd5b68e97979e89bb8e88989cd5969297">[email protected]</span></a>.

Non-U.S. Flagged Vessel

    Local port State control office. See Port Directory at http://homeport.uscg.mil. Alternatively, contact Mr. John Sedlak, Office of 
Vessel Activities (CG-543), telephone +1 (202) 372-1240, e-mail 
<a href="/cdn-cgi/l/email-protection#cc86a3a4a2e29fe29fa9a8a0ada78cb9bfafabe2a1a5a0"><span class="__cf_email__" data-cfemail="1852777076364b364b7d7c747973586d6b7b7f36757174">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Navigation and Vessel Inspection Circular 
(NVIC) No. 1-09 establishes the policies, procedures, and standards for 
requesting U.S. Coast Guard statement of voluntary compliance with 
MARPOL Annex IV. These procedures are divided into four distinct 
sections covering: (1) General applicability, (2) testing facilities, 
(3) equipment manufacturers, and (4) the issuance of vessel 
certificates. You may download this NVIC from the Internet at http://www.uscg.mil/hq/cg5/nvic/ or obtain a copy by contacting one of the 
individuals listed under FOR FURTHER INFORMATION CONTACT.
    The Marine Environment Protection Committee (MEPC) of the 
International Maritime Organization (IMO) recently revised MARPOL Annex 
IV resulting in several changes to the regulations governing discharge 
of sewage from ships on international voyages. First, inspection 
criteria were enhanced to include initial surveys of installed sewage 
systems prior to being placed into service and periodic surveys 
throughout the life of the ship. Next, standards for discharging 
treated sewage (i.e., effluent) into the water were made more stringent 
and equipment testing procedures were standardized. Finally, discharge 
rates for untreated sewage were established.
    These revisions to MARPOL Annex IV, especially the effluent 
standards contained in resolution MEPC.159(55), which are effective on 
January 1, 2010, eliminates the prior equivalency that had existed 
between Type I and Type II marine sanitation device requirements 
approved by the United States and sewage treatment plant requirements 
of MARPOL Annex IV. This creates a potential for adverse port State 
control action (e.g., detention) to be taken against U.S. registered 
vessels engaged in international voyages with a keel laid date on or 
after January 1, 2010, or having a sewage treatment plant installed or 
delivered on or after that date.

Discussion

    MARPOL Annex IV requires certain ships that engage in international 
voyages to have a valid International Sewage Pollution Prevention 
Certificate (ISPPC) issued by its flag Administration or by a 
recognized organization acting on behalf of the flag Administration. 
Under the provisions of Annex IV, an ISPPC cannot be issued to a ship 
unless its flag State is party to that Annex.
    The United States is not party to MARPOL Annex IV. Vessels 
registered in the United States that engage in international voyages 
with sewage systems in compliance with Annex IV may be eligible instead 
to receive a Statement of Voluntary Compliance (SOVC). This certificate 
takes the place of the ISPPC and is issued to a U.S. vessel by the U.S. 
Coast Guard or by an Authorized Classification Society (ACS), as 
appropriate, to demonstrate compliance with MARPOL Annex IV.

Applicability

    MARPOL Annex IV, as adopted in resolution MEPC.115(51), is 
applicable to ships on international voyages that are:
    (1) 400GT and greater; or
    (2) Less than 400GT when certified to carry more than 15 persons, 
which includes both passengers and crew.
    The effluent standards and performance tests, as adopted in 
resolution MEPC.159(55), are applicable to sewage treatment plants for 
ships

[[Page 31289]]

with a keel laid date on or after January 1, 2010, and for ships having 
a sewage treatment plant installed or delivered on or after January 1, 
2010. Ships with a keel laid date prior to January 1, 2010, or ships 
having a sewage treatment plant installed or delivered prior to that 
date, may continue to use equipment certified to either the 1976 
international effluent standards contained in resolution MEPC.2(VI) or 
an applicable national specification. In the United States, this 
applicable national specification is 33 CFR Part 159.
    MARPOL Annex IV may be applicable to other vessels including small 
tugs, recreational boats, yachts, etc., that engage in international 
voyages because Regulation 4 in MARPOL Annex IV requires a flag 
Administration to establish appropriate measures for vessels not 
subject to international sewage regulations. In this case, for U.S. 
vessels and other vessels subject to the jurisdiction of the United 
States, appropriate measures are provided for under 33 CFR Part 159. 
U.S. vessels intending to engage in international voyages may apply for 
a SOVC.

Application Procedures

    Facilities that are in the business of independently evaluating, 
inspecting, and testing shipboard sewage systems and the effluent 
discharged from such systems for compliance with published standards 
may request a U.S. Coast Guard letter of acceptance as a qualified 
facility from the Office of Design and Engineering Standards (CG-521) 
listed under ADDRESSES and FOR FURTHER INFORMATION CONTACT.
    Manufacturers of sewage treatment plants may apply to any facility 
accepted by the U.S. Coast Guard as a qualified facility to perform 
independent evaluation, inspection, and testing of sewage treatment 
plants for compliance with MARPOL Annex IV. For sewage comminuting and 
disinfection systems, or for sewage holding tanks, the application is 
sent instead to any facility accepted by the U.S. Coast Guard as a 
recognized facility. To obtain a U.S. Certificate of Approval, the 
manufacturer submits the results from the qualified facility or 
recognized facility, as appropriate, along with other supporting 
documentation, to the Marine Safety Center listed under ADDRESSES and 
FOR FURTHER INFORMATION CONTACT.
    The owner or operator of a vessel registered in the United States 
with an installed and operational sewage system certified by the U.S. 
Coast Guard may apply for a SOVC for MARPOL Annex IV from the local 
OCMI or ACS, as appropriate. For assistance in finding the nearest OCMI 
or ACS, visit our Internet portal Homeport at http://homeport.uscg.mil 
and then select Port Directory. Alternatively, you may contact the 
Office of Vessel Activities (CG-543) listed under ADDRESSES and FOR 
FURTHER INFORMATION CONTACT.

Surveys

    The vessel is subject to an initial examination before the ship is 
put into service or before the SOVC is issued for the first time. The 
purpose of this examination is to verify that the vessel's structure, 
equipment, systems, fittings, arrangement, and material of the 
installed sewage system are fully compliant with MARPOL Annex IV.
    Before 5 years after the initial or last renewal survey, the vessel 
is subject to a renewal examination. The purpose of this examination is 
to verify that the vessel's structure, equipment, systems, fittings, 
arrangement, and material of the installed sewage system are still 
compliant with MARPOL Annex IV.
    The vessel is subject to additional examinations, either general or 
partial, according to the circumstances, whenever any important repairs 
or renewals have been made to the installed sewage system. The purpose 
of this examination is to verify that the necessary repairs or renewals 
have been effectively made, that the materials and workmanship of such 
repairs or renewals are satisfactory, and that the ship is compliant 
with MARPOL Annex IV.

Statement of Voluntary Compliance

    The cognizant OCMI or ACS may issue or renew, as appropriate, the 
SOVC for MARPOL Annex IV to a U.S. vessel that is equipped with an 
installed and operational sewage system certified by the U.S. Coast 
Guard after successful onboard survey. The SOVC for MARPOL Annex IV, 
issued on form CG-6047A, is valid for a period up to five years unless 
endorsed with an extension, provided the periodic examinations are 
conducted and there is no change in the vessel's flag. Vessels flagged 
outside the United States are not issued a SOVC certificate by the U.S. 
Coast Guard.

Reciprocity

    Any vessel flagged or registered outside the United States that 
holds a valid ISPPC issued by its flag Administration indicating the 
installed sewage system complies with MARPOL Annex IV, as amended by 
either resolution MEPC.159(55) or MEPC.2(VI), will be accepted by the 
U.S. Coast Guard as being in compliance with U.S. regulations on 
design, construction, testing, and certification contained in 33 CFR 
part 159, while operating in waters subject to the jurisdiction of the 
United States. Acceptance of a valid ISPPC is conditional on the 
installed sewage system being substantially in an operable condition as 
required by MARPOL Annex IV, and may be subject to verification by the 
U.S. Coast Guard under port State control.

Existing Certificates of Equivalency

    The cognizant OCMI or ACS, as appropriate, may continue to issue 
and renew existing Certificates of Equivalency issued to U.S. vessels 
under the provisions of ``MOC Policy Letter No. 03-03'' until January 
1, 2010, at which time all such certificates will expire. A copy of 
``MOC Policy Letter No. 03-03'' can be found on Homeport by clicking 
the ``Library'' tab and then the ``Policy'' tab, and finally the 
``Policy Letter'' tab. SOVC certificates are required on or after 
January 1, 2010.

    Dated: June 23, 2009.
Brian M. Salerno,
Assistant Commandant for Marine Safety, Security and Stewardship.
[FR Doc. E9-15485 Filed 6-29-09; 8:45 am]
BILLING CODE 4910-15-P


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