[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1368-1369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00191]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Notice of Availability of Uniform National Discharge Standards 
(UNDS) for Vessels of the Armed Forces--Phase III Batch Two

AGENCY: Office of the Under Secretary of Defense for Acquisition and 
Sustainment, Department of Defense (DoD).

ACTION: Notice of availability.

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SUMMARY: DoD has developed internal regulations on the design, 
construction, installation, and use of marine pollution control devices 
(MCPDs) to meet performance standards for 11 discharges incidental to 
the normal operation of a vessel of the Armed Forces into the navigable 
waters of the United States, the territorial seas, and the contiguous 
zone, and is making them publicly available.

FOR FURTHER INFORMATION CONTACT: Mike Pletke; Chief of Naval Operations 
(N45), 2000 Navy Pentagon (Rm 2D253), Washington DC 20350-2000; (703) 
695-5184; [email protected].

SUPPLEMENTARY INFORMATION: Section 312 of the Clean Water Act (CWA), as 
amended by Section 325 of the National Defense Authorization Act of 
1996, requires the Environmental Protection Agency (EPA) and DoD to 
develop Uniform National Discharge Standards (UNDS) to control certain 
discharges incidental to the normal operation of a vessel of the Armed 
Forces. The EPA and DoD have already issued required joint rules (64 FR 
25126 (May 10, 1999) and 85 FR 43465 (July 17, 2020), 40 CFR part 
1700). This notice announces that DoD is also issuing a DoD-only 
internal regulation as part of this requirement. Although issued by DoD 
alone, the regulation will apply (by agreement with the Department of 
Homeland Security) not only to DoD but also to the U.S. Coast Guard (at 
all times, including when it is a Service in the Department of Homeland 
Security).
    Section 312(n)(4) of the CWA requires DoD, in consultation with EPA 
and the Secretary of the Department in which the U.S. Coast Guard is 
operating, to promulgate regulations governing the design, 
construction, installation, and use of MPCDs necessary to meet the 
discharge performance standards established in the EPA-DoD joint rules. 
The DoD internal regulations are issued under the authority of the 
Secretary in DoD Manual 4715.06, Volume 4, ``Regulations on Vessels 
Owned or Operated by the Department of Defense: Discharges Incidental 
to Normal Operations,'' which can be found at: https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/471506_vol4.PDF. There is no 
notice and comment requirement for the DoD internal regulations because 
they are internal to the Department and to the Coast Guard and 
otherwise exempt by 5 U.S.C. 553 (a)(1) and (2). Furthermore, EPA and 
DoD provided for notice and comment during the promulgation of the 
joint EPA-DoD regulations, as required by the CWA.
    Because EPA and DoD determined that the joint EPA-DoD regulations, 
once finalized, would have federalism implications, they had several 
rounds of consultations with state and local governments during the 
promulgation of the joint EPA-DoD regulations, as described in the 
final rule at 85 FR 43465, July 17, 2020.


[[Page 1369]]


    Dated: January 4, 2023.
Kayyonne T. Marston,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2023-00191 Filed 1-9-23; 8:45 am]
BILLING CODE 5001-06-P