[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Rules and Regulations]
[Pages 72655-72660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29416]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 090122044-0403-02]
RIN 0648-AX58
Marine Sanitation Device Discharge Regulations for the Florida
Keys National Marine Sanctuary
AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration (NOAA), Department of Commerce (DOC).
ACTION: Final rule.
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SUMMARY: NOAA is amending the regulations for the Florida Keys National
Marine Sanctuary (FKNMS or sanctuary) by eliminating the exemption that
allows discharges from within the boundary of the sanctuary of
biodegradable effluent incidental to vessel use and generated by marine
sanitation devices (MSDs) approved under the Clean Water Act (CWA), and
by requiring that MSDs be secured to prevent discharges of treated and
untreated sewage. This action builds upon the Environmental Protection
Agency's creation of a No Discharge Zone (NDZ) for the state waters of
the FKNMS, and will help protect the Florida Keys ecosystem from
potentially harmful vessel sewage discharges. An environmental
assessment has been prepared for this action pursuant to the National
Environmental Policy Act. The environmental assessment includes a
Finding of No Significant Impact (FONSI) regarding the impacts of this
rulemaking.
DATES: These regulations are effective on December 27, 2010.
ADDRESSES: A copy of the environmental assessment, which includes the
FONSI, described in this rule is available upon request to Sean Morton,
Sanctuary Superintendent, Florida Keys National Marine Sanctuary, 33
East Quay Road, Key West, Florida 33040. It is also available for
viewing and download at http://floridakeys.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Sean Morton, Sanctuary Superintendent,
Florida Keys National Marine Sanctuary, 33 East Quay Road, Key West,
Florida 33040. Phone: 305-809-4700.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is also accessible via the Internet
at http://www.gpoaccess.gov/fr/index.html.
I. Statutory and Regulatory Background
The National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.)
authorizes the Secretary of Commerce to designate and protect as
national marine sanctuaries areas of the marine environment with
special national significance due to their conservation, recreational,
ecological, historical, scientific, cultural, archeological,
educational, or esthetic qualities. Management of national marine
sanctuaries has been delegated by the Secretary of Commerce to NOAA's
Office of National Marine Sanctuaries. The primary objective of the
NMSA is to protect marine resources, such as coral reefs, sunken
historical vessels, or unique habitats.
The FKNMS was designated by Congress in 1990 through the Florida
Keys National Marine Sanctuary Protection Act (FKNMSPA, Pub. L. 101-
605) and extends approximately 220 nautical miles southwest from the
southern tip of the Florida peninsula. The sanctuary's marine ecosystem
supports over 6,000 species of plants, fishes and invertebrates,
including the Nation's only living coral reef that lies adjacent to the
continent. The area includes one of the largest seagrass
[[Page 72656]]
communities in this hemisphere. The primary goal of the sanctuary is to
protect the marine resources of the Florida Keys.
Other goals of the sanctuary include facilitating human uses that
are consistent with the primary objective of resource protection, as
well as educating the public about the Florida Keys marine environment.
Attracted by this subtropical diversity, tourists spend more than
thirteen million visitor days in the Florida Keys each year. In
addition, the region's natural and man-made resources provide
recreation and livelihoods for approximately 80,000 residents. The
region also has some of the most significant maritime heritage and
historical resources of any coastal community in the nation.
NOAA issued final regulations and a final management plan in 1997
for the FKNMS (62 FR 32161; June 12, 1997). Those regulations were
designed to protect the fragile and nationally significant marine
resources of the Florida Keys ecosystem. In doing so, these regulations
established a series of fully protected marine zones, managed certain
human activities, and established a permitting system for allowing some
activities that would otherwise be prohibited. Sanctuary-wide
prohibitions include restrictions on discharges into the sanctuary,
disturbing the seafloor of the sanctuary, and taking certain marine
species.
FKNMS regulations currently include a prohibition on discharging or
depositing materials or other matter within the boundary of the
sanctuary (15 CFR 922.163(a)(4)). Exceptions include discharging or
depositing: (1) Fish, fish parts, chumming materials, or bait during
traditional fishing operations in the sanctuary; (2) vessel cooling
water or engine exhaust; (3) water generated by routine vessel
operations (e.g., deck wash and graywater), excluding oily wastes from
bilge pumping; and (4) biodegradable effluent from approved MSDs
incidental to vessel use. In certain protected zones, including
Ecological Reserves, Sanctuary Preservation Areas and Research-only
Areas, only discharges of engine exhaust and cooling water are allowed.
The State of Florida, local municipalities (e.g., City of Key West,
City of Marathon), U.S. Environmental Protection Agency (EPA), National
Park Service and U.S. Coast Guard also regulate MSDs and vessel
discharges within the Florida Keys region. In addition, several
private, state, local and Federal entities provide or support numerous
pump-out stations throughout the Florida Keys to assist vessel
operators in complying with these regulations.
Section 312 of the CWA (33 U.S.C. 1322 et seq.) gives the EPA and
the states the authority to designate NDZs in state waters. An NDZ is
an area of a waterbody or an entire waterbody into which the discharge
of treated and untreated sewage from all vessels is completely
prohibited. NDZs provide an additional management tool to address water
quality issues associated with sewage contamination.
II. Historical Context
Several past actions have been taken at both the Federal and state
levels to address longstanding water quality concerns in the Florida
Keys. Under state law, all counties and municipalities throughout the
State of Florida are required to develop and adopt a comprehensive plan
that addresses ``principles, guidelines, and standards for the orderly
and balanced future economic, social, physical, environmental, and
fiscal development of the area'' (Florida Statutes Section 163.3177).
In response, the Monroe County Comprehensive Plan includes several
objectives geared toward improving and protecting water quality from
vessel discharges. In 1999, the Board of County Commissioners of Monroe
County adopted a resolution requesting that the Governor of the State
of Florida petition the EPA to declare all state waters within the
boundaries of the FKNMS to be a NDZ for all vessels. Monroe County
believed that this action would be a major step in protecting water
quality around the Florida Keys and especially those areas where there
is a high concentration of vessels. The Governor of the State of
Florida supported Monroe County's decision and in December 2000
submitted the county's request to EPA Region 4, asking EPA to designate
all state waters within the boundary of the FKNMS as a NDZ under the
authority of section 312(f)(4)(a) of the CWA.
In 2001, the EPA issued a proposed rule to designate the state
waters of the FKNMS an NDZ pursuant to section 312(f)(4)(a) of the CWA
(66 FR 38967; July 26, 2001). A 90-day public comment period followed
(ending October 26, 2001), during which time EPA received 1,050
comments. There was overwhelming support for establishing the NDZ. The
EPA's final rule (effective June 19, 2002) prohibits all sewage
discharges from vessels in state waters of the FKNMS (67 FR 35735; May
21, 2002).
Both the resolution passed by the Board of County Commissioners of
Monroe County and a resolution passed by the FKNMS Water Quality
Protection Program Steering Committee on October 27, 1999, requested
that NOAA establish regulations for no discharge from MSDs for the
entire sanctuary. This was necessary because the EPA's action under the
CWA was limited to state waters of the FKNMS. The EPA's final rule also
recognized NOAA's intention to expand the prohibition on sewage
discharges from vessels into the Federal waters of the sanctuary.
In December 2007, NOAA issued a revised management plan for the
FKNMS that included a water quality action plan and regulatory action
plan. The revised management plan is the culmination of an extensive
public process. The strategies in the water quality action plan address
sources of pollution, priority corrective actions and compliance
schedules. The strategies seek to maintain and improve the balance
between the indigenous population of corals, shellfish, fish and
wildlife, and the recreation in and on the water. In particular, water
quality Strategy L.1 identified the need to eliminate the discharge of
wastewater, whether treated or not, from all vessels into sanctuary
waters. The regulatory action plan identified the establishment of
sanctuary-wide prohibitions on sewage discharge as a management
priority.
On November 16, 2009, NOAA published a proposed rule (74 FR 58923)
for this action and requested comments. NOAA's responses to the
comments received during the subsequent public comment period are in
Section V of the preamble in this final rule.
III. Summary of Rulemaking
This rulemaking eliminates the exemption that allows discharges of
biodegradable effluent incidental to vessel use and generated by MSDs
approved under the CWA. It also adds a new requirement that MSDs be
secured in a manner that prevents discharges or deposits of treated and
untreated sewage while within the boundaries of the FKNMS. Although the
FKNMS regulations, as revised by this action, do not specify precisely
how vessel operators should secure their MSDs, they state that all
methods listed in Coast Guard regulations are among those that are
acceptable for this purpose.
The Coast Guard regulations (at 33 CFR 159.7(b)) list the following
as acceptable methods of securing Type I or Type II MSDs:
Closing the seacock and removing the handle;
[[Page 72657]]
Padlocking the seacock in the closed position;
Using a non-releasable wire-tie to hold the seacock in the
closed position; or
Locking the door to the space enclosing the toilets with a
padlock or door handle key lock.
Coast Guard regulations (at 33 CFR 159.7(c)) list the following as
acceptable methods of securing Type III MSDs:
Closing each valve leading to an overboard discharge and
removing the handle;
Padlocking each valve leading to an overboard discharge in
the closed position; or
Using a non-releasable wire-tie to hold each valve leading
to an overboard discharge in the closed position.
IV. Justification
A major challenge to scientists and managers working in the Florida
Keys and elsewhere is being able to differentiate the natural
variability of ecosystems from human-caused disturbances. Signs of
ecosystem stress in the Florida Keys include loss of coral cover and
diversity, particularly at offshore bank reefs; increasing nitrogen and
phosphorus concentrations in the near shore waters; decreased water
clarity; and changes in the natural benthic community composition.
Comprehensive monitoring of coral reef resources was initiated in 1996
because of the observed but poorly quantified loss of coral cover
throughout the Florida Keys, and has documented a 37% reduction in
stony coral coverage between 1996 and 2000. Habitat and water quality
degradation in canals and other semi-confined waters within the Florida
Keys has been measured and is related to human population density.
There are many variables to consider in assessing the impacts of
MSD discharges from vessels transiting Florida Keys waters, including
the volume of discharge, level of treatment, number of vessels, depth
and distance from shore or other sources of pollution, current
patterns, and habitat type at the discharge point. The dilution of
wastewater from a single vessel transiting the Florida Keys may not
cause serious ecological problems and may not be detectable within a
short distance from the point of discharge. However, the cumulative
impact from many transiting vessels could be significant, particularly
where discharges take place in close proximity to coral reef or
seagrass habitats (see environmental assessment for citations).
Recent data show a continued upward trend in the number of
registered vessels in southern Florida, which would suggest an
increased potential of transient visits to the Florida Keys and
discharges in the FKNMS. Furthermore, there is an area of Federal water
south of Key West (called ``the hour glass'') that effectively
concentrates the potential discharge activity of vessel operators. This
area and all other areas of the FKNMS are directly upstream of
biological resources that are negatively impacted by increased
nutrients. In considering the ever-increasing boating population and
its discharge potential in south Florida, continuing to allow MSD
discharges in the Federal waters of the sanctuary is not compatible
with long-term marine ecosystem protection strategies. Also, as a
practical matter, allowing vessels to discharge sewage in Federal
waters within the FKNMS while prohibiting discharges in state waters
could lead to confusion among vessel operators and enforcement
problems. Thus, to better protect sanctuary resources, eliminate
possible confusion among vessel operators, and facilitate enforcement
efforts, FKNMS is eliminating all discharges of treated and untreated
sewage from all vessels in the entire sanctuary.
V. Response to Comments
The comments received on the proposed rule that was published on
November 16, 2009 (74 FR 58923) are summarized below, together with
responses from NOAA. There were 18 distinct submissions from
individuals or organizations, an additional 1,396 submissions generated
by form letters, and one submission from a Federal agency. The changes
to the rule that resulted from the comments received are summarized in
the next section of this preamble (VI. Summary of Changes From the
Proposed Rule).
Public Submissions
1. Comment: The proposed rule should be implemented for several
reasons, including: to mitigate one of multiple stressors on coral
reefs; pollution is harmful and not solved by dilution; and MSDs do not
remove all viruses and excess nutrients that can be harmful. NOAA
should expeditiously adopt and actively enforce the proposed rule.
Response: NOAA agrees there are multiple stressors on the
ecosystems in the Florida Keys, one of which could be mitigated by
prohibiting the discharge of treated and untreated sewage into FKNMS
waters. Though Type I and Type II MSDs can reduce the viral and
nutrient content of sewage, NOAA believes pumping out at approved
facilities, rather than discharging into the sanctuary, is less harmful
to the habitats and species in the FKNMS.
2. Comment: Expanding the existing NDZ from state to Federal waters
is appropriate and is consistent with the Florida Coastal Management
Program.
Response: NDZs only apply in state waters per the Clean Water Act.
However, NOAA believes having similar MSD discharge regulations apply
throughout all FKNMS waters (i.e., both state and Federal) will improve
enforceability of such regulations. Further, this should reduce
confusion among FKNMS visitors/users, build on the strong partnership
between NOAA and the State of Florida in managing the FKNMS and,
overall, enhance the protections afforded to FKNMS resources.
3. Comment: NOAA should support the installation of land- and
vessel-based pump-out facilities, and continue to educate the public
about the availability and importance of using these facilities.
Response: NOAA agrees installation of land- and vessel-based pump-
out facilities and education are important components of increasing
compliance with the proposed rule. To this end, NOAA will work with the
appropriate state and Federal entities to support installation of
adequate pump-out facilities. In addition, NOAA will provide
information to the public about these facilities. These measures should
help encourage vessel operators to reduce pollution to the FKNMS from
vessels' sewage discharges.
4. Comment: The proposed rule should be implemented, but NOAA
should also consider banning harmful vessel graywater discharges,
especially from large cruise and cargo vessels.
Response: NOAA agrees graywater discharges may be harmful to the
ecosystem, particularly in large volumes in sensitive habitats.
However, this rulemaking implements a recommendation from the 2007
Florida Keys National Marine Sanctuary Revised Management Plan that was
specific to discharges of sewage from vessels. Additional water quality
regulation may be considered in future FKNMS management plan reviews.
5. Comment: The proposed rule should be implemented, but
enforceability of tracking discharges from and locking of MSDs raises
concerns. NOAA should include an enforcement component in the final
rule that considers such issues as regular patrols in the FKNMS,
proactive boarding/inspection of vessels, standards for acceptable
types of MSD locks, and consequences of noncompliance.
[[Page 72658]]
Response: NOAA agrees adequate enforcement will be necessary to
help make the rule more effective, especially given the size of the
FKNMS and the number of vessels that use the FKNMS. Therefore, NOAA has
included language related to enforcement in the preamble to the final
rule to facilitate understanding of the requirements of this rule,
enhance enforceability, and encourage compliance. Specifically, NOAA
has included acceptable methods, as described in 33 CFR 159.7(b) and
(c), for securing MSDs in a manner that prevents discharges or deposits
of treated and untreated sewage into FKNMS waters. In addition,
language has been included in the environmental assessment associated
with this rule (see ADDRESSES section for instructions on obtaining a
copy) to specify that personnel from the Florida Fish and Wildlife
Conservation Commission, the NOAA Office for Law Enforcement, and the
U.S. Coast Guard are authorized to enforce this rule. Noncompliance
would be subject to civil penalties pursuant to section 307 of the
National Marine Sanctuaries Act (16 U.S.C. 1437).
6. Comment: The proposed rule should be implemented, especially
because it is consistent with the efforts (i.e., money being spent) by
Monroe County to treat wastewater from land-based sources. In addition,
no discharges should be allowed from any sources.
Response: NOAA agrees that this action will complement other
efforts by Monroe County and the State of Florida to reduce harmful
discharges into the FKNMS and surrounding waters. This rulemaking
builds consistency and enhances partnerships to improve water quality.
Further, this rulemaking implements a recommendation from the 2007
Florida Keys National Marine Sanctuary Revised Management Plan that was
specific to discharges of sewage from vessels. Though the prohibition
of discharges from sources other than MSDs is beyond the intent of this
rule, additional water quality regulation may be considered in future
FKNMS management plan reviews.
7. Comment: The proposed rule should not be implemented because it
is ill advised, counter-productive and impractical to enforce. Instead,
NOAA should actively encourage the installation and use of approved
Type I MSDs, since they properly treat waste to make discharges
harmless.
Response: NOAA does not agree installation of Type I MSDs should be
encouraged over prohibiting discharges from MSDs in FKNMS waters, since
they do not adequately remove the viruses and excess nutrients that
could harm FKNMS resources. Allowing any discharges of sewage, treated
and untreated, is not as protective of FKNMS water quality as
completely prohibiting them. Further, this rule is consistent with the
existing discharge prohibitions in Florida's state waters, and
therefore enhances compliance and increases enforceability in both
state and Federal waters.
8. Comment: NOAA should have consistent, system-wide (rather than
site-specific) procedures for designating NDZs in national marine
sanctuaries. NOAA should adopt those procedures already established by
the CWA by which states obtain permission from the EPA to designate
state waters as NDZs.
Response: The EPA's procedures for establishing NDZs are not
appropriate for every national marine sanctuary in the National Marine
Sanctuary System (system), since NDZs only apply in state waters per
the CWA, and some sanctuaries are located entirely in Federal waters.
This rule encompasses all waters of the FKNMS, which includes state and
Federal waters. Each site in the system was designated with different
goals and objectives and, thus, their needs for vessel discharge
regulations vary as well. NOAA will continue to evaluate the need for
restrictions on vessel discharges on a sanctuary-by-sanctuary basis.
9. Comment: NOAA has not demonstrated whether it considered if
adequate pump-out facilities are available to vessel operators nor
where funding will come from and be directed for increased access to
pump-out facilities. NOAA cannot rely on the demonstration made by the
State of Florida to the EPA unless the state had also considered the
impact of an NDZ in the Federal waters of the FKNMS. NOAA should work
with state and local agencies, EPA, and the U.S. Fish and Wildlife
Service (FWS) to ensure that there are adequate pump-out facilities
available.
Response: NOAA included information in the draft environmental
assessment associated with this rule on the pump-out facilities in the
Florida Keys and provided additional details about their locations and
operational status in this rule's final environmental assessment (see
ADDRESSES section for instructions on obtaining a copy). NOAA believes
that vessel operators will be able to adequately discharge MSDs at
existing pump-out facilities in the Florida Keys, based on their
current quantity and locations, or outside FKNMS boundaries as
appropriate. Florida was awarded $2.5 million in grant funding from the
Clean Vessel Act Grant Program in 2008 (with $838,976 in matching
funding provided by the state), and this money is being used through
2010 to fund up to 121 pump-out projects in the coastal regions of
Florida, which should increase access to pump-out facilities for vessel
operators. To date, nine of these additional pump-out projects are in
Monroe County. These efforts and the NOAA MSD discharge regulation help
implement Strategy L.1, Elimination of Wastewater Discharge from
Vessels, Activities 2-5, in the 2007 Florida Keys National Marine
Sanctuary Revised Management Plan.
Federal Submissions--U.S. Coast Guard
10. Comment: The term ``unlocked'' is unclear and not otherwise
defined, so NOAA should cross-reference Coast Guard regulations on MSDs
in the rule to promote consistency and clarify regulatory compliance.
Response: NOAA has edited the rule language that was proposed for
15 CFR 922.163(a)(5)(vi) to replace ``unlocked or that allows discharge
or deposit of sewage'' with ``not secured in a manner that prevents
discharges or deposits of treated and untreated sewage.'' NOAA agrees
that acceptable methods for securing MSDs to prevent discharges or
deposits of treated and untreated sewage include, but are not limited
to, the methods listed in the Coast Guard's regulations (at 33 CFR
159.7(b) and (c)). Though NOAA has included the reference to Coast
Guard's regulations in this rule as a guide, vessel operators could use
other methods if those methods fulfill NOAA's goal of ensuring that
sewage from MSDs is not discharged into the sanctuary.
11. Comment: Vessels with Type I and II MSD technologies that
require considerable effort to start and stop (certain biological or
anaerobic type systems) might also be equipped with a Type III MSD,
which can hold treated sewage while operating in an area where
discharge is prohibited.
Response: Comment noted.
12. Comment: Federal, State and local law enforcement officers
should retain an exemption allowing them to discharge biodegradable
effluent incidental to vessel use and generated by MSDs into FKNMS
waters, as eliminating the exemption would have a negative impact on
law enforcement activities. Since activities in the FKNMS related to
migrant interdiction operations, counter-drug smuggling operations, and
search and rescue operations may be long and drawn out, requiring the
law enforcement vessel to operate near the incident, leaving the
[[Page 72659]]
scene of the incident to discharge an MSD is not always an option.
Response: NOAA agrees Federal, State and local law enforcement
officers acting in their official capacities may not have an option to
leave the scene of an incident to discharge an MSD. NOAA has amended
the regulatory language in 15 CFR 922.163(e) to ensure that the
requirements and prohibitions of this rule do not apply to Federal,
State and local officers while performing enforcement duties and/or
responding to emergencies that threaten life, property, or the
environment in their official capacity.
VI. Summary of Changes From the Proposed Rule
Due to the comments received and the need for some technical fixes,
NOAA has made a few key changes to this final rule as compared to the
proposed rule as follows:
Provided in the preamble some examples from Coast Guard
regulations of acceptable methods for securing MSDs in a manner that
prevents discharges and deposits of treated and untreated sewage;
Made a conforming amendment to 15 CFR 922.163(a)(4)(ii);
Clarified the language in new paragraph 15 CFR
922.163(a)(5)(vi) and added a reference to Coast Guard regulations; and
Added into 15 CFR 922.163(e) an exemption from this
rulemaking for law enforcement officers performing their duties.
VII. Classifications
A. National Environmental Policy Act
NOAA has prepared an environmental assessment, which includes a
Finding of No Significant Impact (FONSI), regarding the impacts of this
rulemaking. The assessment found that this action would eliminate at
least one contributing factor to declining water quality within the
FKNMS. Improved water quality is necessary for the maintenance and
enhancement of the sanctuary's biological resources, as well as of the
recreational and commercial opportunities they provide. If the no
action alternative had been adopted, it would have continued the
discharge of treated sewage from MSDs into the Federal waters of the
FKNMS, which would have continued to contribute to the decline of water
quality. Poor water quality threatens not only the unique biological
resources of the FKNMS, but also the viability of the local economy,
which depends on the ability of these resources to attract visitors.
Copies of the environmental assessment, which includes the FONSI, are
available at the address and website listed in the ADDRESSES section of
this rule.
B. Executive Order 12866: Regulatory Impact
This rule has been determined to be not significant within the
meaning of Executive Order 12866.
C. Executive Order 13132: Federalism Assessment
NOAA has concluded that this regulatory action does not have
federalism implications sufficient to warrant preparation of a
federalism assessment under Executive Order 13132. The State of Florida
was consulted during the promulgation of this rule.
D. Paperwork Reduction Act
This rule does not contain any new collection-of-information
requirements or revisions to the existing collection-of-information
requirement that was approved by the Office of Management and Budget
(OMB) (OMB Control Number 0648-0141) under the Paperwork Reduction Act
of 1980 (PRA), 44 U.S.C. 3501 et seq. Notwithstanding any other
provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
E. Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required, and none was prepared.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Fish,
Fisheries, Historic preservation, Intergovernmental relations, Marine
resources, Monuments and memorials, Natural resources, Wildlife,
Wildlife refuges, Wildlife management areas, Sanctuary preservation
areas, Ecological reserves, Areas to be avoided, State of Florida, U.S.
Coast Guard, Federal Water Pollution Control Act (Clean Water Act).
Dated: November 17, 2010.
Juliana P. Blackwell,
Acting Deputy Assistant Administrator, National Ocean Service, National
Oceanic and Atmospheric Administration.
0
Accordingly, for the reasons discussed in the preamble, amend title 15,
part 922 of the Code of Federal Regulations as follows:
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
0
1. The authority citation for part 922 continues to read as follows:
Authority: 16 U.S.C. 1431 et seq.
0
2. Amend Sec. 922.163 as follows:
0
a. By removing paragraph (a)(4)(i)(B);
0
b. By redesignating paragraphs (a)(4)(i)(C) and (a)(4)(i)(D) as
(a)(4)(i)(B) and (a)(4)(i)(C), respectively;
0
c. By revising (a)(4)(ii); and
0
d. By adding a new paragraph (a)(5)(vi);
0
e. By revising paragraph (e) to read as follows:
The revisions and addition read as follows:
Sec. 922.163 Prohibited activities--Sanctuary wide.
(a) * * *
(4) * * *
(ii) Discharging or depositing, from beyond the boundary of the
Sanctuary, any material or other matter that subsequently enters the
Sanctuary and injures a Sanctuary resource or quality, except:
(A) Those listed in paragraph (a)(4)(i)(A) through (a)(4)(i)(C) of
this section;
(B) Sewage incidental to vessel use and generated by a marine
sanitation device approved in accordance with section 312 of the
Federal Water Pollution Control Act (FWPCA), as amended, 33 U.S.C. 1322
et seq.;
(C) Those authorized under Monroe County land use permits; or
(D) Those authorized under State permits.
(5) * * *
(vi) Having a marine sanitation device that is not secured in a
manner that prevents discharges or deposits of treated and untreated
sewage. Acceptable methods include, but are not limited to, all methods
that have been approved by the U.S. Coast Guard (at 33 CFR 159.7(b) and
(c)).
* * * * *
(e) The following prohibitions do not apply to Federal, State and
local officers while performing enforcement duties in their official
capacities or responding to emergencies that threaten life, property,
or the environment:
[[Page 72660]]
(1) Those contained in paragraph (a)(4) of this section only as it
pertains to discharges of sewage incidental to vessel use and generated
by a marine sanitation device approved in accordance with section 312
of the Federal Water Pollution Control Act (FWPCA), as amended, 33
U.S.C. 1322 et seq.; and
(2) Those contained in paragraph (a)(5) of this section.
* * * * *
[FR Doc. 2010-29416 Filed 11-24-10; 8:45 am]
BILLING CODE 3510-NK-P