[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Notices]
[Page 49013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16725]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2007-27813]


New MARPOL Annex I Pollution Prevention Regulations; Information 
and Compliance Policy

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

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SUMMARY: This notice informs the public about new requirements of 
revised Annex I of the International Convention for the Prevention of 
Pollution from Ships (MARPOL 73/78), their associated entry into force 
dates, and compliance requirements for U.S. vessels that are subject to 
the Convention.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Lieutenant Commander Scott Muller, Project Manager, 
Office of Vessel Activities, Domestic Vessel Division (CG-3PCV-1), 
telephone 202-372-1220 or via e-mail at [email protected]. If you 
have questions on viewing material to the DOT Docket Management 
Facility docket, call Ms. Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION: The International Convention for the 
Prevention of Pollution from Ships (MARPOL 73/78) is the primary 
international agreement aimed at reducing pollution of the marine 
environment from a variety of vessel-generated sources. Annex I to 
MARPOL 73/78, ``Regulations for the Prevention of Pollution by Oil,'' 
contains provisions intended to reduce both intentional and accidental 
discharges of oil. Annex I was codified into U.S. law by the Act to 
Prevent Pollution from Ships at Sea 33 U.S.C. Sec. 1901 et seq. and 
with implementing regulations of 33 CFR parts 151, 155 and 157.
    The entire annex was revised by adoption of Resolution MEPC.117(52) 
on October 15, 2004, and entered into force on January 1, 2007. In 
addition to adding new regulations, MARPOL Annex I was revised to be 
more user-friendly. It separates, by chapter, the requirements for: 
Survey and certification, machinery spaces of all ships, cargo areas of 
oil tankers, oil pollution emergency plans, reception facilities, and 
fixed or floating platforms. Additionally, where applicable, chapters 
are further divided by subpart concerning construction, equipment and 
operational requirements. Two new regulations were included in the 
revision:
     Regulation 22 of revised Annex I, ``Pump-room bottom 
protection,'' establishes design requirements for pump-room double 
bottoms on oil tankers of 5,000 tons deadweight and above constructed 
on or after January 1, 2007.
     Regulation 23 of revised Annex I, ``Accidental oil outflow 
performance,'' establishes design requirements to protect against oil 
pollution in the event of grounding or collision for oil tankers with a 
building contract on or after January 1, 2007 (or delivery on or after 
January 1, 2010).
    In addition, on March 24, 2006, IMO adopted Resolution MEPC.141(54) 
which provided additional amendments that further revised MARPOL Annex 
I, which will enter into force on August 1, 2007. These amendments 
include a new regulation 12A:
     Regulation 12A of revised Annex I, ``Oil fuel tank 
protection,'' establishes design requirements for protectively located 
fuel tanks for all ships with an aggregate oil fuel capacity of 600 
cubic meters (m3) and above with a building contract on or after August 
1, 2007 (or delivery on or after August 1, 2010).

Reason for Policy Notice

    As a signatory to the MARPOL 73/78 the U.S. government has an 
obligation to act in accordance with the convention. This obligation 
includes implementing and enforcing the new amendments to the 
convention for both U.S. vessels and foreign flagged vessels operating 
in U.S. waters. Thus, vessels required to have an International Oil 
Pollution Prevention (IOPP) certificate by the convention will need to 
meet the new revised regulations. Because the new revisions affect 
certain vessels subject to existing U.S. regulations, found at 33 CFR 
parts 157 and 155, the Coast Guard is developing a proposed rulemaking 
to harmonize existing U.S. regulations with the new revisions to the 
convention. In the interim, as a party to MARPOL 73/78, the United 
States will enforce the new MARPOL Annex I regulations as follows:
    (a) U.S. flagged vessels that are required to hold an International 
Oil Pollution Prevention (IOPP) Certificate in accordance with 33 CFR 
151.19: All U.S. vessels required to hold an IOPP Certificate must meet 
all requirements set out in MARPOL 73/78, including the new 
requirements, as applicable, established in recent IMO resolutions 
MEPC.117(52) and MEPC.141(54) discussed above that have come into 
force.
    (b) U.S. flagged vessels that are not required to hold an IOPP 
Certificate: These vessels need not presently comply with the new 
MARPOL Annex I regulations, adopted by IMO resolutions MEPC.117(52) and 
MEPC.141(54) above. However, vessel operators are encouraged to comply 
with these new regulations in light of the Coast Guard's intention to 
revise domestic regulations (33 CFR 157 and 155) that will implement 
IMO resolution MEPC.117(52) and MEPC.141(54).
    (c) Foreign vessels calling to the U.S. ports or terminals: The 
Coast Guard will enforce all applicable MARPOL Annex I regulations, 
including the new regulations adopted by IMO resolutions MEPC.117(52) 
and MEPC.141(54) discussed above.

    Authority: 33 U.S.C. 1903, 33 U.S.C. 1231, 33 U.S.C. 1321, E.O. 
12777, Department of Homeland Security Delegation No. 0170.1.

    Dated: August 20, 2007.
J.G. Lantz,
Acting Assistant Commandant for Prevention, U.S. Coast Guard.
[FR Doc. E7-16725 Filed 8-24-07; 8:45 am]
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