[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Notices]
[Pages 52593-52594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22560]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2003-16010]


International Convention for the Prevention of Pollution From 
Ships, Annex IV--International Sewage Pollution Prevention Equivalency 
Documentation

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard announces that on September 27, 2003, the 
International Convention for the Prevention of Pollution from Ships, 
1973 as modified by the Protocol of 1978 (MARPOL 73/78), (revised) 
Annex IV will enter into force internationally. The United States is 
not a Party to MARPOL 73/78, Annex IV, however, U.S. flagged vessels 
visiting nations that are parties may need to demonstrate compliance 
with these MARPOL regulations on the prevention of pollution by sewage 
from ships. The Coast Guard plans to assist qualified U.S. flag vessels 
in demonstrating compliance with these MARPOL requirements by issuing a 
document certifying equivalent compliance with the revised Annex IV of 
MARPOL 73/78. Failure of a United States flagged vessel to have the 
appropriate certificate or a document stating shipboard equivalency to 
MARPOL 73/78, Annex IV could result in a port state detention abroad.

DATES: The MARPOL 73/78, Annex IV international requirements come into 
force September 27, 2003, for new ships built on or after September 27, 
2003. For existing vessels, these MARPOL international requirements 
come into force September 27, 2008.

ADDRESSES: For new vessels, requests for documentation certifying 
equivalent compliance with the revised Annex IV of MARPOL 73/78 should 
be sent to the local Officer-in-Charge, Marine Inspection. This notice 
and documents mentioned in this notice as being available in the 
docket, are part of docket USCG-2003-16010 and are available for 
inspection or copying at the Docket Management Facility, U.S. 
Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also find this docket on the Internet 
at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions regarding this 
notice, you may call, fax, or e-mail Lieutenant Commander Brian Downey, 
Office of Compliance, (G-MOC-1): telephone 202-267-2735, fax 202-267-
4394, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Starting September 27, 2003, certain U.S. 
flagged vessels visiting nations that are a party to the International 
Convention for the Prevention of Pollution from Ships, 1973 as modified 
by the Protocol of 1978 (MARPOL 73/78), Annex IV (Sewage) (``MARPOL 73/
78, Annex IV'') may need to demonstrate compliance with MARPOL 73/78, 
(revised) Annex IV--regulations on the prevention of pollution by 
sewage from ships.
    The Marine Environment Protection Committee (MEPC) has agreed to 
revisions to Annex IV. MEPC of IMO has asked Annex IV Parties to 
implement the revised Annex IV immediately on the entry into force of 
the existing Annex to avoid the creation of a dual treaty regime 
between the existing and the revised Annex IV.

Applicability

    The MARPOL 73/78, (revised) Annex IV applies to all new vessels 
built on or after September 27, 2003, that are 400 Gross Tons (GT), 
International Tonnage Convention (ITC), or more and new vessels less 
than 400 GT ITC that are certified to carry more than 15 passengers. 
The Annex does not require existing vessels within these tonnage and 
passenger categories to comply until September 27, 2008. A copy of the 
text of the MARPOL 73/78, (revised) Annex IV, and a related MEPC 
circular

[[Page 52594]]

are available in the docket for this notice under ADDRESSES.

Equivalency Documentation

    The U.S. Coast Guard plans to help the United States maritime 
industry demonstrate equivalent compliance with MARPOL 73/78, (revised) 
Annex IV to which the United States is not a Party. The United States 
considers a U.S. Coast Guard certified Marine Sanitation Device (MSD) 
to offer equivalent sewage pollution prevention to MSDs with an IMO 
Certificate of Type Test demonstrating compliance with the performance 
requirements of MARPOL 73/78, (revised) Annex IV. Therefore, any vessel 
with an installed and operational Coast Guard certified MSD which meets 
the criteria of 33 Code of Federal Regulations (CFR) part 159 should be 
eligible to receive documentation certifying equivalent compliance with 
the revised Annex IV of MARPOL 73/78.
    Because the United States is not a party to MARPOL 73/78, Annex IV, 
the Coast Guard cannot issue official international convention 
certificates as a Flag State. To facilitate commerce and reduce 
confusion, however, the Coast Guard plans to issue a Flag State 
document to demonstrate equivalent compliance with MARPOL 73/78, 
(revised) Annex IV for eligible vessels.

    Dated: August 28, 2003.
L. L. Hereth,
Acting Assistant Commandant for Marine Safety, Security and 
Environmental Protection.
[FR Doc. 03-22560 Filed 8-29-03; 3:07 pm]
BILLING CODE 4910-15-P