[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58235-58236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18381]


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U.S. COMMITTEE ON THE MARINE TRANSPORTATION SYSTEM

[Docket No. DOT-OST-2023-0117]


Proposed National Guidance for Industry on Responding to 
Munitions and Explosives of Concern in U.S. Federal Waters

AGENCY: U.S. Committee on the Marine Transportation System.

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice announces the availability of a draft guidance 
document, the National Guidance for Industry on Responding to Munitions 
and Explosives of Concern in U.S. Federal Waters. The U.S. Committee on 
the Marine Transportation System invites public comment on the draft 
guidance.

DATES: Submit comments on or before September 25, 2023.

ADDRESSES: The draft guidance can be viewed through the U.S. Committee 
on the Marine Transportation System's website at https://www.cmts.gov/topic-offshore-energy/. You may submit comments, identified by docket 
number DOT-OST-2023-0117, using the Federal eRulemaking Portal at 
https://www.regulations.gov. Follow the instructions for submitting 
comments. Comments received will be posted without change to https://www.regulations.gov, including any personal information you provide. Do 
not submit any information you consider to be private information, 
privileged or confidential commercial or financial information, or if 
the disclosure of which is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Michael Heard Snow, Senior Policy 
Advisor, U.S. Committee on the Marine Transportation System, 1200 New 
Jersey Ave. SE, Washington, DC 20590-0001; telephone (202) 805-0570; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Until 1972, one of the primary mechanisms for the disposal of 
munitions and explosives of concern (MEC), including unexploded 
ordnance, discarded military munitions, and munitions constituents--all 
of which may pose explosive hazards--was to dispose of them at sea. 
This disposal, in addition to other mechanisms, has led to a 
significant buildup of MEC in Federal waters on the outer continental 
shelf (OCS) with a concentration along the eastern seaboard of the 
United States. As the demand for renewable energy continues to grow, 
offshore energy, with a focus on offshore wind, is rapidly increasing. 
The Biden-Harris Administration has set a goal of significantly 
increasing the nation's offshore wind energy capacity to 30 gigawatts 
by 2030. However, many of the sites leased and targeted for development 
of these projects overlap with areas where MEC have settled over the 
decades. To answer questions on how to address the discovery of MEC 
through a whole-of-government process, the Bureau of Safety and 
Environmental Enforcement (BSEE) approached the U.S. Committee on the 
Marine Transportation System (CMTS), a Congressionally mandated, 
Cabinet-level interagency body, to convene Federal agencies to develop 
this guidance. This document is intended to help Federal agencies 
coordinate their statutory and regulatory authorities to approve, 
regulate, or permit the detonation, removal, or mitigation of MEC on 
the OCS.
    The draft national guidance describes the process recommended to 
industry when responding to MEC discovered in Federal waters and on the 
OCS during the development of offshore energy installations. This 
includes procedures for industry to inform the government of MEC 
discoveries on the OCS, a process to safely develop a risk assessment, 
and MEC operational response plan. The draft guidance also outlines the 
interagency process for the government to respond to such discoveries 
and work with industry.

[[Page 58236]]

Comments Invited

    The CMTS invites public comments on the draft guidance concerning 
the proposed process for addressing the discovery of munitions and 
explosives of concern on the U.S. outer continental shelf during 
offshore energy development. The CMTS will consider the public comments 
submitted during this comment period in issuing any final National 
Guidance.

    Issued in Washington, DC.
Brian J. Tetreault,
Acting Director, U.S. Committee on the Marine Transportation System.
[FR Doc. 2023-18381 Filed 8-24-23; 8:45 am]
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