[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Rules and Regulations]
[Page 45555-45560]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se09-7]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 909
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 151
[USCG-2007-0164]
RIN 0648-AV68; 1625-AB24
Definition of Marine Debris for Purposes of the Marine Debris
Research, Prevention, and Reduction Act
AGENCY: National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Department of Commerce; Coast Guard, Department
of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: NOAA and the Coast Guard are defining ``marine debris'' for
purposes of the Marine Debris Research, Prevention, and Reduction Act
(the Act). The Act requires NOAA and the Coast Guard to jointly develop
a definition and promulgate it through regulations; this rule
represents the agencies' compliance with the Act. For the purposes of
the Marine Debris Research, Prevention, and Reduction Act only, marine
debris is defined as any persistent solid material that is
[[Page 45556]]
manufactured or processed and directly or indirectly, intentionally or
unintentionally, disposed of or abandoned into the marine environment
or the Great Lakes.
DATES: This final rule is effective October 5, 2009.
ADDRESSES: Comments and related material received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2007-0164 and are available for
inspection and copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You also may find
this docket on the Internet by going to http://www.regulations.gov,
selecting the Advanced Docket Search option on the right side of the
screen, typing USCG-2007-0164 into the Docket ID box, pressing Enter,
and then clicking on the item in the Docket ID column.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call Dr. Holly A. Bamford, NOAA Marine Debris Program, telephone 301-
713-2989, or David Major, Environmental Standards Division, U.S. Coast
Guard Headquarters, telephone 202-372-1402. If you have questions about
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Background and Purpose
IV. Discussion of Comments and Changes
A. Comments on the Purpose of the Definition
B. Comments on ``Marine Environment''
C. Comments on ``Solid''
D. Comments on ``Persistent''
E. Comments on ``Manufactured or Processed''
F. Comments on ``Disposed of or Abandoned Into''
G. Comments on Discharges in Compliance With Law
H. Comments on Items Placed in the Marine Environment by Permit
I. Comments on Medical Waste and Hazardous Materials
J. Comments on Consultation With the Interagency Marine Debris
Coordinating Committee
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Department of Commerce Docket Number
N. Environment
I. Abbreviations
IMDCC Interagency Marine Debris Coordinating Committee
CFR Code of Federal Regulations
FR Federal Register
MARPOL 73/78 International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the protocol of 1978
NEPA National Environmental Policy Act
NOAA National Oceanic and Atmospheric Administration
NOAA Program NOAA's Marine Debris Prevention and Removal Program
NOS National Ocean Service
NPRM Notice of proposed rulemaking
NRC National Research Council
OMB Office of Management and Budget
U.S.C. United States Code
II. Regulatory History
On May 27, 2008, NOAA and the Coast Guard published a notice of
proposed rulemaking entitled ``Definition of Marine Debris for Purposes
of the Marine Debris Research, Prevention, and Pollution Act'' in the
Federal Register (73 FR 30322). The title of the rulemaking has been
corrected by replacing the word ``pollution'' with ``reduction,'' to
reflect the correct name of the Act. NOAA and the Coast Guard received
six letters, containing a total of 24 comments, from the public, and
four letters, containing 17 comments, from Federal agencies commenting
on the proposed rule. All comments are discussed below. No public
meeting was requested and none was held.
III. Background and Purpose
As society has developed new uses for materials, particularly
plastics, the variety and quantity of items found in the marine
environment has increased dramatically. These products range from
common domestic material (e.g., bags, cups, bottles, balloons) to
industrial products (e.g., strapping bands, plastic sheeting, hard
hats, resin pellets) to lost or discarded fishing gear (e.g., nets,
buoys, traps, lines, light sticks).
In 2006, Congress passed the Marine Debris Research, Prevention,
and Reduction Act (the Act) (33 U.S.C. 1951-1958 (2006)), with the
purpose of identifying, determining the sources of, assessing,
reducing, and preventing marine debris and its adverse impacts on the
marine environment and navigation safety.
The Act makes permanent a Marine Debris Prevention and Removal
Program within NOAA (NOAA Program) that intends to reduce and prevent
the occurrence and adverse impacts of marine debris on the marine
environment and navigation safety. The NOAA Program includes mapping,
identification, impact assessment, removal, and prevention of marine
debris, with a focus on threats to living marine resources, including
commercial fisheries and species protected under the Endangered Species
Act and Marine Mammal Protection Act, and the habitat upon which they
depend. The NOAA Program uses non-regulatory measures to reduce and
prevent marine debris and the loss of fishing gear, including the
development of local or regional protocols for lost gear reduction and
prevention. Examples of such measures include new fishing gear
technology, implementation of incentives to reduce lost gear, outreach
and education to commercial users and the general public, and other
non-regulatory measures to minimize the volume of marine debris and
lost and discarded fishing gear, and to aid in its recovery. The Act
authorizes NOAA to provide grants to entities for the research,
prevention, and reduction of marine debris.
The Act requires the Coast Guard to enforce the International
Convention for the Prevention of Pollution from Ships, 1973, as
modified by the 1978 Protocol (MARPOL 73/78), Annex V, and the Act to
Prevent Pollution from Ships, 33 USC 1901-1915 (1996). The Coast Guard
will continue to monitor and enforce the requirements of these acts
among the appropriate regulated industries and communities. The Coast
Guard intends to increase international cooperation to reduce marine
debris, and to maintain its voluntary reporting program in order to
ensure the reporting of damage to vessels and disruption to navigation
caused by marine debris. The Act also required the Coast Guard to
submit to Congress a report evaluating the Coast Guard's progress on
these initiatives; the report required under 33 U.S.C. 1953(b) was
completed in 2007. In addition, the Act required the Coast Guard to
obtain a report from the National Research Council (NRC) on the
effectiveness of international and domestic measures to prevent and
reduce marine debris and its impacts; this report was completed and
presented to Congress by NRC in September, 2008.
The Act also reactivated the Interagency Marine Debris Coordinating
Committee (IMDCC), an interagency Federal body responsible for
developing and recommending comprehensive and
[[Page 45557]]
multi-disciplinary approaches to reduce the sources and impacts of
marine debris to the nation's marine environment, natural resources,
public safety, and economy. The IMDCC meets quarterly to ensure
coordination of research, monitoring, education, and regulatory actions
addressing the persistent marine debris problem.
As codified in Title 33 of the United States Code, the Act requires
NOAA and the Coast Guard, in consultation with the IMDCC, to ``jointly
develop and promulgate through regulations a definition of the term
`marine debris' for the purposes of this Act.'' 33 U.S.C.
1954(b)(2006). The Act expressly limits the application of the
definition of marine debris to the implementation and requirements of
the Act. The Act does not authorize NOAA or the Coast Guard to
undertake regulatory actions other than the promulgation of this
definition, and the definition of marine debris does not affect the
regulatory or management activities of other Federal agencies.
NOAA and the Coast Guard worked together to develop and propose a
definition, taking into account both agencies' responsibilities under
the Act. The term ``marine debris'' has a variety of meanings to the
many entities working in and affecting the marine environment. The
definition promulgated by this rule, however, focuses on solid debris
from land-based and ocean-based sources. While NOAA and the Coast Guard
considered alternative definitions, this definition will allow NOAA to
consider the broadest possible range of marine debris activities for
grant and research support as provided in the Act. The definition will
also provide the Coast Guard sufficient parameters to conduct useful
and focused studies and reports required by the Act.
As required by the Act, the two agencies consulted with the IMDCC
during the development of this definition. Some IMDCC members suggested
that the definition include the term ``unauthorized'' in order to
exclude materials explicitly permitted to be discharged into the marine
environment. NOAA and the Coast Guard did not include the term
``unauthorized'' in the definition. As discussed in more detail below,
such a limited definition would be inconsistent with the objectives of
the Act, which are to identify, determine the sources of, assess,
reduce, and prevent the full range of marine debris and its adverse
effects on the marine environment and navigation safety. Authority to
dispose of or abandon material that may be considered marine debris as
defined in this regulation is not affected by the promulgation of this
definition or the implementation of the programs established pursuant
to the Act. Some IMDCC members also suggested that the definition of
marine debris be limited to debris with adverse effects on the marine
environment. NOAA and the Coast Guard did not include this limitation
because it would prevent the NOAA program from supporting or conducting
research where impacts of debris on marine resources are unknown or
uncertain. Limiting the range of research opportunities in this way
would diminish the ability of NOAA and the Coast Guard to fulfill the
objectives of the Act.
On May 27, 2008, the two agencies published a notice of proposed
rulemaking (NPRM) proposing a definition of marine debris for purposes
of the Act. The proposed definition read as follows: ``For the purposes
of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C.
1951-1958 (2006)) only, marine debris is defined as any persistent
solid material that is manufactured or processed and directly or
indirectly, intentionally or unintentionally, disposed of or abandoned
into the marine environment or the Great Lakes.''
IV. Discussion of Comments and Changes
The Coast Guard and NOAA received 10 letters containing a total of
41 comments on the proposed definition. After consideration of all the
comments, and for the reasons set out below, the Coast Guard and NOAA
adopt the proposed definition without changes.
A. Comments on the Purpose of the Definition
Several commenters approached the definition of marine debris from
an enforcement perspective, assuming that items within the definition
of marine debris would necessarily be subject to anti-pollution
mandates. An item that satisfies the definition of marine debris may,
in some cases, be addressed by anti-pollution laws that prohibit the
disposal or abandonment of the material. However, the fact that a
material satisfies the definition of marine debris does not mean its
disposal or abandonment is prohibited.
The Act does not prohibit the disposal or abandonment of marine
debris, nor does it provide regulatory authority to do so. Instead, the
Act is intended to help identify, assess, reduce, and prevent marine
debris. See Section III of this preamble for details on agency
involvement in addressing these areas. The definition of marine debris
will be used only for the implementation of the Act.
B. Comments on ``Marine Environment''
Two commenters asked what areas are included in the term ``marine
environment.'' NOAA and the Coast Guard use the term ``marine
environment'' consistently with its use in other sections of the United
States Code. The term ``marine environment'' is defined in various
parts of the United States Code to include the high seas, exclusive
economic zone, territorial sea, coastal waters, Great Lakes, navigable
waters of the United States, and the lands therein and thereunder, and
adjacent shorelines and shorelands. NOAA and the Coast Guard
specifically included the Great Lakes in the definition of marine
debris to avoid confusion. The marine environment does not include
airspace above bodies of water.
One commenter requested that the term ``marine environment'' be
replaced with the term ``aquatic environment'' in order to cover debris
originating from land-based sources via creeks and tributaries. As
explained in part F below, such debris is already addressed by the
definition.
C. Comments on ``Solid''
Three commenters asked whether specific materials they consider to
be ``semi-solid'' would be included within the definition of marine
debris, or encouraged that such materials be included. Marine debris,
pursuant to the Act, is defined as any persistent solid material and
therefore does not include semi-solids, such as tar balls and sewer
cakes. NOAA and the Coast Guard concluded that the Act was not intended
to cover materials other than solid materials. Internationally and
domestically, the generally accepted usage of ``marine debris,''
including in research, refers to solid items. For example, all of the
marine debris items catalogued in the 1988 Report of the Interagency
Task Force on Persistent Debris are solids.
D. Comments on ``Persistent''
Three commenters asked for clarification of the word ``persistent''
as used in the definition. The term ``persistent'' is intended to
capture items that degrade slowly, as noted in the CEQ Ocean Blueprint
for the 21st Century and the House Report on the Act (H.R. Rep. No.
109-332, pt. 2, at 1759 (2006)). This also is consistent with the 1988
Report of the Interagency Task Force on Persistent Debris, in which
small pieces of plastic and plastic particles are recognized as marine
[[Page 45558]]
debris. Persistency is affected by material composition, movement
within the water column, and exposure to sunlight, among other things.
The ability of marine debris to travel long distances away from the
point of origin is taken into account in considering persistency.
E. Comments on ``Manufactured or Processed''
Five commenters requested the definition be modified to include
``naturally occurring'' debris such as downed trees, or expressed
interest in the treatment of lost agricultural cargo. The Coast Guard
and NOAA concluded that organic matter that is not processed or
manufactured, that enters the marine environment, would not meet the
definition of marine debris within the context of the Act, which
focuses on manufactured and processed items. To the extent that organic
matter has been subject to manufacturing or processing, those items may
be considered marine debris if they satisfy the remainder of the
definition.
One commenter requested the definition be modified to include
materials ``intended to be processed.'' The commenter provided the
specific example of raw materials used for plastic production, namely
pre-production plastic pellets. All plastic items have been created
through a manufacturing process, as they do not exist naturally in the
environment. Therefore, plastic in any form and of any size already is
included in the definition of marine debris. Similar manufactured
persistent solids mentioned by commenters, such as golf balls, also are
considered marine debris.
F. Comments on ``Disposed of or Abandoned Into''
Commenters described a variety of means by which material can be
disposed of or abandoned into the marine environment, such as transport
by wind or storm drains, and inquired how or whether the manner of
transport affects whether or not the material is within this definition
of marine debris. The means by which material enters into marine
environment does not affect whether that material is considered marine
debris. As noted in the preamble above, a variety of both sea and
landside events and activities, such as storm water runoff, wind, or
natural disasters, may ultimately result in materials being abandoned
or disposed of in the marine environment. For that reason, the
definition of marine debris includes materials disposed of or abandoned
``directly or indirectly, intentionally or unintentionally'' into the
marine environment.
G. Comments on Discharges in Compliance With Law
Three commenters commented on whether the definition of marine
debris should include materials discharged in compliance with relevant
enforcement regimes. A persistent solid material that is manufactured
or processed, and disposed of or abandoned into the marine environment,
is considered marine debris even when the disposal or abandonment is
legally permissible. As noted above, NOAA and the Coast Guard define
marine debris exclusively for the purposes of the Act, and the Act does
not create an enforcement regime. Existing enforcement regimes
referenced in the Act, such as the Act to Prevent Pollution from Ships
and MARPOL Annex V, allow the legal discharge of items into the sea.
Congress did not state in the Act or legislative history that a
definition exclude those items. Moreover, it would be impractical to
classify items based on source rather than location. For example, a tin
can located in the sea may have been discharged in accordance with
MARPOL or may have blown into the ocean from a pier. In both
circumstances, considering the tin can to be marine debris fulfills the
intent of the Act.
The Act is non-regulatory and overlaps with current enforcement
regimes established by other laws. The fact that an item is legally
disposed of or abandoned does not prevent it being studied or tracked.
Environmental goals can be achieved through non-regulatory means,
including study and the promotion of new methods to prevent, reduce,
and mitigate the effects of debris. Thus, marine debris of any type is
open for research or other activities as specified in the Act.
H. Comments on Items Placed in the Marine Environment by Permit
Four commenters raised concerns that materials placed in the marine
environment by public agencies or under permit by public agencies--such
as artificial reefs, marine structures, vessels, rigs, pipelines, and
navigational and weather buoys--may be deemed marine debris. The Coast
Guard and NOAA do not consider such items disposed of or abandoned,
because the items are intact, on station, and monitored. However, an
item or piece of an item originally placed or permitted in the marine
environment, but that subsequently breaks apart, becomes lost, or is no
longer actively monitored, could be considered disposed of or abandoned
and would meet the definition of marine debris. The Coast Guard and
NOAA emphasize that a government approval or permission for disposal or
abandonment of material into the marine environment does not exclude
that material from research, removal, or outreach activities
contemplated by the Act. For example, a tire reef off the coast of
Florida, legally placed there in 1972, has fragmented and allowed tires
to drift across the seafloor; those tires are considered marine debris
for purposes of the Act.
I. Comments on Medical Waste and Hazardous Materials
Three commenters expressed concern about medical waste, such as
syringes, located in the marine environment, and about floating
containers containing hazardous, or unknown but potentially hazardous,
substances. Solid medical waste material such as syringes and floating
or submerged containers are marine debris under the definition.
Hazardous material response is not within the scope of the Act;
however, the remediation of many types of marine debris, including
hazardous materials covered by the Comprehensive Environmental Response
and Liability Act (42 U.S.C. 9601 et seq.), is provided for by a
variety of statutes.
J. Comments on Consultation With the Interagency Marine Debris
Coordinating Committee
Two commenters questioned the lack of consensus with some members
of the IMDCC regarding the definition of marine debris. The Act directs
NOAA and the Coast Guard to consult with the IMDCC in developing the
definition of marine debris, and this consultation took place at a
number of quarterly IMDCC meetings through August, 2007. NOAA and the
Coast Guard have addressed the comments made by IMDCC members in this
preamble and will continue to work with the IMDCC in implementing the
Act.
V. Regulatory Analyses
The Coast Guard and NOAA developed this rule after considering
numerous statutes and executive orders related to rulemaking. Below is
a summary of our analyses based on 13 of these statutes or executive
orders.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and
[[Page 45559]]
Budget has not reviewed it under that Order.
Public comments on the NPRM are summarized in Section IV of this
preamble, ``Discussion of Comments and Changes.'' NOAA and the Coast
Guard received no public comments and made no changes that would alter
the assessment of impacts in the NPRM. A summary of the assessment
follows.
The Act requires the Coast Guard and NOAA to jointly develop and
promulgate a definition of marine debris for the purposes of the Act.
Accordingly, this rulemaking creates a joint Coast Guard and NOAA
definition of the term ``marine debris'' for the purposes of the Act.
The Act does not authorize NOAA or the Coast Guard to undertake
regulatory or management activities of other Federal agencies. Instead,
the drafting agencies expect to use the definition of marine debris for
the administration of research and educational grants. Such grants may
map, identify, or assess the impacts of marine debris.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the
drafting agencies considered whether this rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
In the NPRM, NOAA and the Coast Guard certified under 5 U.S.C.
605(b) that the proposed rule would not have a significant economic
impact on a substantial number of small entities. See the ``Regulatory
Flexibility Act'' section of the NPRM for the complete threshold
analysis. NOAA and the Coast Guard found no additional data or
information that would change the certification in the NPRM.
Therefore, the Coast Guard and NOAA certify under 5 U.S.C. 605(b)
that this rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), NOAA and the Coast Guard will
assist all entities, including small entities, in understanding this
rule. NOAA and the Coast Guard do not retaliate against any entity,
including small entities, that may question or complain about this rule
or any policy or action of the NOAA or the Coast Guard.
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. NOAA and the Coast Guard have
analyzed this rule under that Order and have determined that it does
not have implications for federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, NOAA
and the Coast Guard do discuss the effects of this rule elsewhere in
this preamble.
G. Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
NOAA and the Coast Guard have analyzed this rule under Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks. This rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
NOAA and the Coast Guard have analyzed this rule under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. NOAA and the Coast Guard have
determined that it is not a ``significant energy action'' under that
order because it is not a ``significant regulatory action'' under
Executive Order 12866 and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, NOAA and the
Coast Guard did not consider the use of voluntary consensus standards.
M. Department of Commerce Docket Number
The clearance docket number for the Department of Commerce is:
070615197-91195-02.
N. Environment
The Coast Guard has analyzed this rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and NOAA has analyzed
the proposed rule under NOAA Administrative Order 216-6, which sets
forth NOAA's
[[Page 45560]]
environmental review procedures for implementing NEPA. The agencies
have concluded that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 6(b) of
the ``Appendix to National Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions, Notice of Final Agency Policy''
(67 FR 48244, July 23, 2002) and NOAA NAO 216-6 sections 5.05 and
6.03(c)(3)(i). This rule involves congressionally mandated regulations
designed to improve or protect the environment. An environmental
analysis checklist and the relevant categorical exclusion
determinations are available in the docket where indicated under
ADDRESSES.
List of Subjects
15 CFR Part 909
Marine resources, Marine debris, Marine pollution, and Ocean
dumping.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, and Water pollution control.
NOAA signature.
Dated: August 19, 2009.
John H. Dunnigan,
Assistant Administrator for Ocean Services and Coastal Zone Management.
Coast Guard signature.
Dated: August 20, 2009.
B.M. Salerno,
RADM, Coast Guard, Assistant Commandant for Marine Safety, Security and
Stewardship.
0
For the reasons discussed in the preamble, NOAA adds 15 CFR part 909
and the Coast Guard amends 33 CFR part 151 as follows:
0
1. 15 CFR Part 909 is added to read as follows:
PART 909--MARINE DEBRIS
Sec. 909.1 Definition of marine debris for the purposes of the Marine
Debris Research, Prevention, and Reduction Act.
Authority: 33 U.S.C. 1951-1958 (2006).
Sec. 909.1 Definition of marine debris for the purposes of the Marine
Debris Research, Prevention, and Reduction Act.
(a) Marine debris. For the purposes of the Marine Debris Research,
Prevention, and Reduction Act (33 U.S.C. 1951-1958 (2006)) only, marine
debris is defined as any persistent solid material that is manufactured
or processed and directly or indirectly, intentionally or
unintentionally, disposed of or abandoned into the marine environment
or the Great Lakes.
(b) NOAA and the Coast Guard have jointly promulgated the
definition of marine debris in this part. Coast Guard's regulation may
be found in 33 CFR 151.3000.
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
0
2. Add Subpart E to Part 151, to read as follows:
Subpart E--Definition of Marine Debris for the purposes of the
Marine Debris Research, Prevention, and Reduction Act
Authority: 33 U.S.C. 1951-1958 (2006); 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
Sec. 151.3000 Definition of Marine Debris for the purposes of the
Marine Debris Research, Prevention, and Reduction Act.
(a) Marine debris. For the purposes of the Marine Debris Research,
Prevention, and Reduction Act (33 U.S.C. 1951-1958 (2006)) only, marine
debris is defined as any persistent solid material that is manufactured
or processed and directly or indirectly, intentionally or
unintentionally, disposed of or abandoned into the marine environment
or the Great Lakes.
(b) NOAA and the Coast Guard have jointly promulgated the
definition of marine debris in this part. NOAA's regulation may be
found in 15 CFR part 909.
[FR Doc. E9-21261 Filed 9-2-09; 8:45 am]
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