[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Notices]
[Pages 46141-46144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17502]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-OW-FRL-7794-3]


Draft National Guidance: Best Management Practices for Preparing 
Vessels Intended To Create Artificial Reefs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and request for comments.

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SUMMARY: This notice informs the public of the availability of a 
guidance document containing information on national environmentally-
based best management practices for preparation of vessels to be sunk 
with the intention of creating artificial reefs. This notice of 
availability commences a 60-day public comment period on the guidance 
document. The guidance satisfies the mandate of section 3516 of the 
National Defense Authorization Act for Fiscal Year 2004. The guidance 
was also developed in response to the Maritime Administration's (MARAD) 
request for the U.S. Environmental Protection Agency (EPA) to assist in 
identifying potential management options for their decommissioned 
vessel fleet. The EPA is requesting public comment on this document.

DATES: EPA will accept comments on the Draft National Guidance: Best 
Management Practices for Preparing Vessels Intended to Create 
Artificial Reefs received on or before October 1, 2004.

ADDRESSES: Comments may be submitted electronically, by mail or through 
hand-delivery/courier. Follow the detailed instructions as provided in 
Section I.C. of the SUPPLEMENTARY INFORMATION section. Electronic files 
may be e-mailed to: [email protected]. Comments may also be mailed to 
the Water Docket, Environmental Protection Agency, Mail Code: 4101T, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket 
ID No. OW-2004-0003. Instructions for couriers and other hand delivery 
are provided in Section I.C.3. The Agency will not accept facsimiles 
(faxes).

FOR FURTHER INFORMATION CONTACT: Laura S. Johnson, Marine Pollution 
Control Branch (4504T), U.S. EPA, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; (202) 566-1273; [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Interested Entities

    Entities potentially interested in today's notice are those who 
want to transfer their vessel for reefing, have the capacity to prepare 
a vessel for reefing, wish to undertake a vessel-to-reef project, or 
are responsible for managing an artificial reef. Categories and 
entities interested in today's notice include.

------------------------------------------------------------------------
                                              Examples of interested
                Category                             entities
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Federal................................  Maritime Administration, U.S.
Government.............................   Army Corps of Engineers, U.S.
                                          Coast Guard, U.S. Navy,
                                          National Oceanic and
                                          Atmospheric Administration.
State/Local/Tribal.....................  Governments owning or
Government.............................   responsible for artificial
                                          reef preparation, placement,
                                          and management; coastal
                                          communities.

[[Page 46142]]

 
Industry and General Public............  Shipyards, salvage companies,
                                          recreational fishing and scuba
                                          diving interests,
                                          environmental interest groups.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be interested in this 
notice. This table lists the types of entities that EPA is now aware 
could potentially be interested in this notice. Other types of entities 
not listed in the table could also be interested.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Guidance Document Electronic Access. To obtain a copy of the 
guidance document entitled ``Draft National Guidance: Best Management 
Practices for Preparing Vessels Intended to Create Artificial Reefs,'' 
please access our Web site at: http://www.epa.gov/owow/oceans/habitat/artificialreefs under ``Recent Additions.''
    2. Federal Register Docket. EPA has established a public docket for 
this notice under Docket ID No. OW-2004-0003. The public docket 
consists of the documents specifically referenced in this notice and 
other information related to this notice. The public docket does not 
include information claimed as Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. The 
public docket is available for public viewing at the Water Docket in 
the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Water Docket is (202) 
566-2426. To view these materials, we encourage you to call ahead to 
schedule an appointment. Every user is entitled to copy 266 pages per 
day before incurring a charge. The docket may charge 15 cents a page 
for each page over the 266-page limit plus an administrative fee of 
$25.00.
    3. Federal Register Electronic Access. You may access this Federal 
Register document electronically through the EPA Internet under the 
``Federal Register'' listings at: http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view 
comments, access the index listing of the contents of the public 
docket, and access those documents in the public docket that are 
available electronically. Once in the system, select ``Search,'' then 
key in the appropriate docket identification number.
    Certain types of information will not be placed in EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute will not be available for public viewing in EPA's 
electronic public docket. Copyrighted material will not be placed in 
EPA's electronic public docket, but will be available only in printed, 
paper form in the public docket. To the extent feasible, publicly 
available docket materials will be made available in EPA's electronic 
public docket. When a document is selected from the index list in EPA 
Dockets, the system will identify whether the document is available for 
viewing in EPA's electronic public docket. Although not all docket 
materials may be available electronically, you may still access any of 
the publicly available docket materials through the docket facility 
identified in Section I.B.2.
    For public commenters, it is important to note that comments, 
whether submitted electronically or on paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and without change, unless the comments contain copyrighted 
material, information claimed as CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies comments 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comments that is placed in EPA's 
electronic public docket. The entire comment, including the copyrighted 
material, will be available in the public docket.
    Comments submitted on computer disks that are mailed or delivered 
to the docket will be transferred to EPA's electronic public docket. 
Comments that are mailed or delivered to the docket will be scanned and 
placed in EPA's electronic public docket. Where practical, physical 
objects will be photographed, and the photograph will be placed in 
EPA's electronic public docket along with a brief description written 
by the docket staff.

C. How and To Whom Do I Submit My Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comments. Please ensure that your comments are 
submitted within the specified time period. Comments received after the 
close of the stated time period will be marked ``Late.'' EPA might not 
be able to consider late submittals. If you wish to submit information 
claimed as CBI or information that is otherwise protected by statute, 
please follow the instructions in Section I.D. Do not use EPA Dockets 
or e-mail to submit information claimed as CBI or information protected 
by statute.
    1. Electronically. If you submit electronic comments as prescribed 
below, EPA recommends that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
comments. Also include this contact information on the outside of any 
disk or CD-ROM you submit, and in any cover letter accompanying the 
disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comments and allows EPA to contact you in case EPA 
cannot read your comments due to technical difficulties or needs 
further information on the substance of your comments. EPA will not 
edit your comments, and any identifying or contact information provided 
in the body of a comment will be included as part of the comments that 
are placed in the public docket, and made available in EPA's electronic 
public docket. If EPA cannot read your comments due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comments.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``Search,'' and then key in Docket ID No. OW-
2004-0003. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact

[[Page 46143]]

information unless you provide it in the body of your information.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to: 
[email protected], Attention Docket ID No. OW-2004-0003. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comments that are placed in the public docket, 
and made available in EPA's electronic public docket.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in Section I.C.2. These 
electronic submissions will be accepted in WordPerfect, or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original and three copies of all comments, 
enclosures, or references, to the Water Docket, Environmental 
Protection Agency, Mailcode MC-4101T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, Attention Docket ID No. OW-2004-0003.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC 20004, Attention Docket ID No. OW-2004-0003. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Section I.B.2.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to the EPA Docket Center or through EPA's electronic 
public docket or by e-mail. Send or deliver information identified as 
CBI only to the following address: U.S. Environmental Protection 
Agency, Mailcode 4504 T, Preparation of Vessels Intended to be 
Artificial Reefs, 1301 Constitution Ave, NW., Room 7114, EPA West 
Building, Washington, DC 20004. You may claim information that you 
submit to EPA as CBI by marking that information CBI (if you submit CBI 
on disk or CD-ROM, indicate on the outside of the disk or CD-ROM that 
it contains information claimed as CBI and then identify electronically 
within the disk or CD-ROM the specific information that is CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you use a 
disk or CD-ROM, mark the outside of the disk or CD-ROM clearly to 
indicate that it does not contain CBI. Information not marked as CBI 
will be included in the public docket and EPA's electronic public 
docket without prior notice. If you have any questions about CBI or the 
procedures for claiming CBI, please consult one of the persons 
identified in the FOR FURTHER INFORMATION CONTACT section.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find these suggestions helpful for preparing your comments:
    1. Explain your comments as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
supports your comments.
    4. Provide specific examples to illustrate your concerns.
    5. Offer alternatives.
    6. Make sure to submit your comments by the deadline identified.
    7. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. Background and Today's Action

    Options for managing obsolete and decommissioned military and 
commercial vessels include re-use of the vessel or parts of the vessel, 
recycling or scrapping, creating artificial reefs, and disposal on land 
or at sea. The guidance document made available today addresses one of 
these management options--artificial reef creation--with the intent of 
promoting a consistent, national approach.
    An interagency workgroup, chaired by EPA, was established to 
develop national environmentally-based best management practices (BMPs) 
for the preparation of vessels to be sunk with the intention of 
creating artificial reefs. The workgroup was comprised of 
representatives from the EPA, U.S. Coast Guard, U.S. Navy, Maritime 
Administration (MARAD), U.S. Army Corps of Engineers, National Oceanic 
and Atmospheric Administration, and the U.S. Fish and Wildlife Service. 
Workgroup members assisted in the drafting of various sections of the 
document.
    This guidance is required by section 3516 of the National Defense 
Authorization Act for Fiscal Year 2004 (Act), which amends existing law 
to require that MARAD and EPA jointly develop guidance recommending 
environmental BMPs to be used in the preparation of vessels for use as 
artificial reefs. These BMPs are to serve as national guidance for 
Federal agencies for the preparation of vessels for use as artificial 
reefs. The Act provides that the BMPs are to (A) ensure that vessels 
prepared for use as artificial reefs ``will be environmentally sound in 
their use as artificial reefs,'' (B) ``promote consistent use of such 
practices nationwide,'' (C) ``provide a basis for estimating the costs 
associated with the preparation of vessels for use as artificial 
reefs,'' and (D) include measures that will ``enhance the utility of 
the Artificial Reefing Program of the Maritime Administration as an 
option for the disposal of obsolete vessels.''
    The guidance identifies materials or categories of materials of 
concern that may be present aboard vessels, indicates where these 
materials may be found, and describes their potential adverse impacts 
if released into the marine environment. The materials of concern 
include: fuels and oil, asbestos, polychlorinated biphenyls (PCBs), 
paints, debris (e.g., vessel debris, floatables, introduced material), 
and other materials of environmental concern (e.g., mercury, 
refrigerants). Because the BMPs described in the guidance are directed 
at the environmental concerns associated with using vessels as 
artificial reefs, other sources of information should also be used with 
regard to preparation of the vessel from a diver safety perspective or 
for any other potential in-water uses (e.g., breakwaters or other types 
of barriers).
    For each material or category of material of concern identified 
above, the guidance provides a general performance clean-up goal and 
information on methods for attaining those clean-up goals in 
preparation of the vessel prior to sinking. The guidance also includes 
a description of each material of concern's shipboard use and where it 
may be found on a vessel, as well as its expected impacts if released 
into the marine environment.
    The guidance describes guidelines for the preparation of vessels in 
a manner that are intended to ensure that the marine environment will 
benefit from

[[Page 46144]]

their use as an artificial reef. Because strategic siting is an 
essential component of a successful artificial reef project, the 
guidance also discusses reef siting.

    Dated: July 20, 2004.
Benjamin H. Grumbles,
Acting Assistant Administrator, Office of Water.
[FR Doc. 04-17502 Filed 7-30-04; 8:45 am]
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