[Federal Register: June 30, 2009 (Volume 74, Number 124)]
[Notices]
[Page 31288-31289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn09-80]
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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
Robert.P.Griffiths@uscg.mil.
Equipment Manufacture
Chief Warrant Officer Timothy R. Willis, Marine Safety Center,
telephone +1 (202) 475-3402, e-mail Timothy.R.Willis@uscg.mil.
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 Scott.W.Muller@uscg.mil.
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
John.S.Sedlak@uscg.mil.
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