[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36957-36958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14773]


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DEPARTMENT OF TRANSPORTATION

U.S. Maritime Administration


Availability of a Draft Environmental Assessment

[Docket No. 2008-0060]

AGENCY: U.S. Department of Transportation, U.S. Maritime 
Administration.

ACTION: Notice of Availability of Draft Programmatic Environmental 
Assessment.

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SUMMARY: Notice is hereby given that the U.S. Maritime Administration 
is issuing a Draft Programmatic Environmental Assessment (EA) for the 
Removal of Non-Retention Vessels from National Defense Reserve Fleet 
(NDRF) Sites for Disposal. The Draft EA has been prepared pursuant to 
the National Environmental Policy Act of 1969 (NEPA) (U.S.C. 4231 et 
seq.) in accordance with the Council on Environmental Quality (CEQ) 
regulations for implementing the procedural provisions of NEPA (40 CFR 
1500-1508). The Maritime Administration invites comments on the Draft 
EA.
    The purpose of the Programmatic EA is to evaluate the potential 
environmental impacts from and alternatives to the Removal of Non-
Retention Vessels from National Defense Reserve Fleet Sites for 
Disposal proposed by the Maritime Administration. The Maritime 
Administration is charged with disposing of obsolete ``non-retention'' 
U.S. government-owned merchant type vessels of 1,500 gross tons or more 
per Section 203 of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 548 (2008)). Non-retention vessels are 
vessels that have been determined by the Maritime Administration to be 
of insufficient value for commercial or military operation by the 
Federal Government to merit further preservation. 46 U.S.C. 57102 
(2008). The Maritime Administration's non-retention ships are located 
at three fleet anchorages in the James River, Virginia; Beaumont, 
Texas; and Suisun Bay, California.
    The Maritime Administration is proposing to tow obsolete vessels 
from these three fleet anchorages either to one of seven Maritime 
Administration-approved or provisionally approved recycling facilities 
across the United States, or to various locations (to be determined on 
a case-by-case basis) to be used as artificial reefs, or sold for reuse 
as limited by applicable law, or to be donated for use as memorials and 
museums, or to be used by the U.S. Navy in at-sea training exercises 
referred to as Sinking Exercises, or SINKEX, during which the Navy 
fires live munitions at the vessel to give trainees a better sense of 
the capabilities of Navy weaponry. Following the use of live fire, 
vessels are allowed to sink to the sea bottom.

DATES: Written comments on this Draft Programmatic EA will be accepted 
on or before August 14, 2008.
    Address for Further Information: To send comments or for more 
information, contact: Carolyn E. Junemann, U.S. Maritime 
Administration, Office of Environment, 1200 New Jersey Ave., SE., W25-
217, Washington, DC 20590, or e-mail: [email protected].
    A copy of the Draft Programmatic EA can be obtained or viewed 
online at http://www.regulations.gov. The files are in a portable 
document format (pdf); in order to review or print the document, users 
need to obtain a free copy of Acrobat Reader. The Acrobat Reader can be 
obtained from http://www.adobe.com/prodindex/acrobat/readstep.html.
    Copies of the Draft Programmatic EA will also be available for 
public review during normal business hours at the following locations: 
Beaumont Public Library, 801 Pearl St, Beaumont, TX 77701; Surry Public 
Library, 11640 Rolfe Hwy., Surry, VA 23882; Virgil I. Grissom Public 
Library, 366 DeShazor Drive, Newport News, VA 23608; and Benicia Public 
Library, 150 E L St., Benicia, CA 94510.

SUPPLEMENTARY INFORMATION: The mission of the Maritime Administration 
is to strengthen the U.S. maritime transportation system, including 
infrastructure, industry, and labor, to meet the economic and security 
needs of the United States, and to promote the development and 
maintenance of an adequate, well-balanced U.S. merchant marine, 
sufficient to carry the nation's domestic waterborne commerce and a 
substantial portion of its waterborne foreign commerce, and capable of 
service as a naval and military auxiliary in time of war or national 
emergency. The Maritime Administration also seeks to ensure that the 
United States maintains adequate shipbuilding and repair services, 
efficient ports, effective intermodal water and land transportation 
systems, and reserve shipping capacity for use in time of national 
emergency.
    The Maritime Administration is charged with disposing of obsolete 
``non-retention'' U.S. government-owned merchant type vessels of 1,500 
gross tons or more per Section 203 of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 548 (2008)). 
Non-retention vessels are vessels that have been determined by the 
Maritime Administration to be of insufficient value for commercial or 
military operation by the Federal Government to merit further 
preservation by the Federal Government. 46 U.S.C. 57102 (2008). The 
Maritime Administration's non-retention ships are located at three 
fleet anchorages in the James River, Virginia; Beaumont, Texas; and 
Suisun Bay, California.
    Ongoing maintenance of non-retention vessels is limited to that 
which is necessary to maintain the integrity of the hull and keeping 
the established preservation systems in good order. The majority of 
non-retention NDRF vessels are systematically being recycled. However, 
some vessels have been loaned to other Government agencies, sold for 
reuse in accordance with applicable law, used as artificial reefs, used 
as museums, and used for military and civilian training. All of the 
vessels to be removed are obsolete non-retention vessels that Congress 
has directed the Maritime Administration to dispose of under the 
Merchant Marine Act of 1936, as amended.
    The Maritime Administration continues to consider domestic 
dismantling (recycling) as the predominant means of vessel disposal, 
but continually evaluates alternative means of disposal such as 
artificial reefing, sale for reuse, deep-water sinking through the 
Navy's SINKEX Program, and donations to historic organizations when 
possible.
    Domestic recyclers of obsolete NDRF vessels are required to follow 
all Federal, state, and local laws and regulations governing worker 
safety and environmental protection. Specific authority to pay for 
recycling provided in the Department of Defense Appropriations Act for 
Fiscal Year 2001 (Pub. L. 106-259 Sec.  8136), was enacted on August 9, 
2000, and included a budget for the accelerated recycling of those 
vessels in the ``worst condition.'' All other alternatives for disposal 
are required to be in accordance with all federal, state, and local 
laws and regulations. Selection of recycling facilities was included in 
the 2000

[[Page 36958]]

Congressional amendments to section 6(c)(1) of the National Maritime 
Heritage Act (NMHA), which directed the Maritime Administration to 
dispose of all obsolete vessels ``in the manner that provides the best 
value to the Government'' (Pub. L. 106-398, Sec.  3502(a)). In 
addition, it provided subsection (b) Selection of Scrapping Facilities, 
which stated that:

    The Secretary of Transportation may recycle obsolete vessels 
pursuant to Section 6(c)(1) of the NMHA of 1994 [16 United States 
Code (USC) Sec.  5405(c)(1)] through qualified dismantlement 
facilities, using the most expeditious recycling methodology and 
location practicable. Dismantlement facilities shall be selected 
under that section on a best value basis consistent with the Federal 
Acquisition Regulation (FAR), as in effect on the date of the 
enactment of this Act * * * taking into consideration, among other 
things, the ability of facilities to dismantle vessels; (1) at least 
cost to the Government; (2) in a timely manner; (3) giving 
consideration to worker safety and the environment; and (4) in a 
manner that minimizes the geographic distance that a vessel must be 
towed when towing a vessel poses a serious threat to the environment 
(Pub. L. 106-398, Sec.  3502(b), 114 Stat. 1654a-490 (2000)).

    With this notice, the Maritime Administration invites any affected 
Federal, State, and local Agencies and other interested persons to 
comment on the Draft Programmatic EA. Comments may be submitted by mail 
to the Docket Clerk, Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, Washington, 
DC 20590-0001. Comments may be hand delivered to Room W12-140 on the 
plaza level of the U.S. Department of Transportation at 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal Holidays. Written comments should refer to 
docket number MARAD 2008-0060. All comments will become part of this 
docket and will be available for inspection and copying at the above 
address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except 
Federal holidays. An electronic version of this document and all 
documents entered into this docket are available at http://www.regulations.gov. No comments will be accepted after August 14, 
2008.

(Authority: 49 CFR 1.66)


    By Order of the Maritime Administrator.
    Dated: June 24, 2008.
Murray Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. E8-14773 Filed 6-27-08; 8:45 am]
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