[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46642-46644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21814]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD-2008-0060]


Environmental Impact Statements; Availability

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

ACTION: Notice of Availability of Final Programmatic Environmental 
Assessment and Finding of No Significant Impact.

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SUMMARY: Notice is hereby given that the Maritime Administration, of 
the U.S. Department of Transportation (U.S. DOT) has made available to 
interested parties the Final Programmatic Environmental Assessment 
(PEA) and

[[Page 46643]]

the Finding of No Significant Impact (FONSI) for the Removal of Non-
Retention Vessels from National Defense Reserve Fleet Sites for 
Disposal. The PEA and FONSI have been prepared pursuant to the National 
Environmental Policy Act (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 parts 1500-
1508).
    The purpose of the PEA 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 Service 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: 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-qualified or provisionally qualified recycling 
facilities across the United States or others that may be qualified in 
the future, 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.
    The PEA studies potential environmental effects associated with the 
removal and disposal of non-retention vessels. The PEA considers 
potential effects to the natural and manmade environments including: 
Air quality, water quality, vessel traffic, cultural & historic 
resources, wetlands, benthic communities, fish resources, threatened & 
endangered species, socioeconomic resources, human health & safety, and 
other topics associated with the proposed action.
    The Maritime Administration assessed the potential environmental 
consequences of the Proposed Action and the No Action alternative, and 
found no significant impact to the human and natural environments from 
implementation of the proposed action. The Maritime Administration 
announced the availability of the draft of this Final Programmatic 
Environmental Assessment July 2, 2008 and made it available to the 
public for comment. Responses to comments can be found online at http://www.regulations.gov at Docket ID MARAD-2008-0060.

FOR FURTHER INFORMATION CONTACT: Carolyn E. Junemann, 1200 New Jersey 
Ave., SE., Washington, DC 20590; phone: (202) 366-1920; fax: (202) 
5904; or e-mail: [email protected]. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individuals during business hours. The FIRS is available twenty-four 
hours a day, seven days a week, to leave a message or question with the 
above individuals. You will receive a reply during normal business 
hours.
    A copy of the Final Programmatic EA and Finding of No Significant 
Impact 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 Final PEA and FONSI will also be available 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 Dr., 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 fleet 
anchorages in the James River, Virginia, Beaumont, Texas, and Suisun 
Bay, California.
    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 section 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 Federal, State, and local laws 
and regulations.

[[Page 46644]]

    Selection of recycling facilities was included in the 2000 
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, section 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 (U.S.C.) 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, section 3502(b), 114 Stat. 1654a-490 (2000)).

    An electronic version of this document and all documents entered 
into this docket are available at http://www.regulations.gov at Docket 
ID MARAD-2008-0060.

    Dated: September 2, 2009.

    By Order of the Maritime Administrator.

Murray Bloom,
Acting Secretary, Maritime Administration.
[FR Doc. E9-21814 Filed 9-9-09; 8:45 am]
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