1625-0066 NTRVP Enforcement Notice

Federal Register / Vol. 73, No. 121 / Monday, June 23, 2008 / Notices
to the Committee. Members’ term of
office will be for 5 years; however, a
member is eligible to serve additional
terms of office. Members will not
receive any salary or other
compensation for their service on the
AMSC. In support of the USCG policy
on gender and ethnic diversity, we
encourage qualified women and
members of minority groups to apply.
Request for Applications
Those seeking membership are not
required to submit formal applications
to the local Captain of the Port,
however, because we do have an
obligation to ensure that a specific
number of members have the
prerequisite maritime security
experience, we encourage the
submission of resumes highlighting
experience in maritime and security
industries.
Dated: May 15, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the
Port/Federal Maritime Security
CoordinatorCommander, Coast Guard Sector
Boston, MA.
[FR Doc. E8–14051 Filed 6–20–08; 8:45 am]
BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2008–0436]

Nontank Vessel Response Plan
Enforcement
Coast Guard, DHS.
Notice and request for
comments.

AGENCY:

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ACTION:

SUMMARY: The Coast Guard is issuing
this notice to inform U.S. and foreign
flag nontank vessel owners and
operators that effective August 22, 2008,
we will begin enforcing the requirement
to prepare and submit a nontank vessel
response plan (NTVRP) for certain
nontank vessels, as required by the
Coast Guard and Maritime
Transportation Act of 2004.
DATES: The policy announced in this
document will become effective August
22, 2008. Comments and related
materials must reach the Docket
Management Facility on or before July
23, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0436 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:

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01:51 Jun 21, 2008

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(1) Online: http://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
(3) Hand Delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: For
questions on this policy, contact
Lieutenant Jarrod DeWitz, U.S. Coast
Guard, telephone 202–372–1219 or
[email protected]. If you have questions on
viewing or submitting material to the
docket, please call Ms. Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit
comments and related materials about
the enforcement policy announced in
this notice. All comments received will
be posted, without change, to http://
www.regulations.gov and will include
any personal information you have
provided.
If you submit a comment, please
include the docket number for this
notice (USCG–2008–0436), indicate the
specific section of this document to
which each comment applies, and give
the reason for each comment. We
recommend that you include your name
and a mailing address, an e-mail
address, or a phone number in the body
of your document so that we can contact
you if we have questions regarding your
submission.
You may submit your comments and
materials by mail, hand delivery, fax, or
electronic means to the Docket
Management Facility listed under
ADDRESSES. If you choose to submit
them by mail or hand delivery, submit
them in an unbound format, no longer
than 8 1⁄2 by 11 inches, and suitable for
copying and electronic filing. If you
submit them by mail and would like to
know if they reached the Facility, please
enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and materials received
during the comment period.
Background and Purpose
Section 701 of the Coast Guard and
Maritime Transportation Act of 2004
(CGMTA), Pub. L. 108–293, amended
section 311(j)(5)of the Federal Water

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35405

Pollution Control Act (FWPCA), 33
U.S.C. 1321(j)(5), and required owners
and operators of nontank vessels to
prepare and submit by August 9, 2005,
plans for responding: (1) To a worst case
discharge; and (2) to a substantial threat
of such a discharge of oil from their
vessels. A nontank vessel is defined as
a self-propelled vessel of 400 gross tons
or greater, which carries oil as fuel for
main propulsion and operates on the
navigable waters of the United States.
Vessels that carry oil as primary or
secondary cargo are currently regulated
under 33 CFR part 155, subpart D, and
are not subject to this notice. The 2004
Act also requires promulgation of
regulations that prescribe the content
and submission of the nontank vessel
response plans.
The Coast Guard and Maritime
Transportation Act of 2006 (Pub. L.
109–241) clarified that nontank vessel
response plans are required for vessels
of 400 gross tons or greater as measured
under the International Convention on
Tonnage Measurement of Ships, 1969,
measurement system in 46 U.S.C.
14302, or the regulatory measurement
system of 46 U.S.C 14502 for vessels not
measured under 46 U.S.C. 14302.
Since the passage of the 2004 Act, the
Coast Guard has published Navigation
and Vessel Inspection Circular (NVIC)
01–05 CH 1 and a Federal Notice on
June 24, 2005 (70 FR 36649) providing
guidance with respect to enforcement of
these requirements. NVIC 01–05 CH 1
also provides guidance to vessel owners
and operators regarding the
development of NTVRPs to meet the
intent of the 2004 Act for the immediate
submission of NTVRPs and for the Coast
Guard’s issuance of 2-year interim
operating authorizations pending
issuance of a final rule.
Considering that some nontank
vessels still have not submitted a
NTVRP to the Coast Guard and that the
risks associated with oil spills from
large nontank vessels similar to the
November 7, 2007, COSCO BUSAN oil
spill in San Francisco Bay, the Coast
Guard will, effective August 22, 2008,
begin actively enforcing the 2004 Act by
screening all nontank vessels prior to
their port arrival for the submission of
NTVRPs. In an effort to devote our
enforcement resources to those nontank
vessels that pose the greatest risk in the
event of a worst case discharge, this
interim enforcement policy will focus
on those nontank vessels of 1,600 gross
tons or greater. For such vessels without
a properly submitted plan, operational
controls will be placed on the vessels by
the Captains of the Port (COTP) under
the authority of regulations in 33 CFR

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mmaher on PROD1PC70 with NOTICES

35406

Federal Register / Vol. 73, No. 121 / Monday, June 23, 2008 / Notices

160.111 issued under the Ports and
Waterways Safety Act.
Nontank vessels less than 1,600 gross
tons are considered to pose less of a
threat, in part because of the smaller
quantities of fuel carried and the light
weight or distillate fuel oil that they
generally use. Under section 701 of the
2004 Act, these vessels are still required
to submit NTVRPs consistent with 33
U.S.C. 1321(j)(5).
Until NTVRP regulations are issued
and in effect, the Coast Guard will
continue to issue 2-year interim
operating authorization letters for
NTVRPs meeting the requirements
found in 33 U.S.C. 1321(j)(5)(D). Vessel
owners or operators of a nontank vessel
shall ensure that the plan:
(1) Is consistent with the requirements
of the National Contingency Plan and
Area Contingency Plans;
(2) Identifies the qualified individual
having full authority to implement
removal actions, and requires
immediate communications between
that individual and the appropriate
Federal official and the persons
providing personnel and equipment;
(3) Identifies, and ensures by contract
or other means approved by the
President the availability of private
personnel and equipment necessary to
remove to the maximum extent
practicable a worst case discharge
(including a discharge resulting from
fire or explosion), and to mitigate or
prevent a substantial threat of such a
discharge;
(4) Describes the training, equipment
testing, periodic unannounced drills,
and response actions of persons on the
vessel or at the facility, to be carried out
under the plan to ensure the safety of
the vessel or facility and to mitigate or
prevent the discharge, or the substantial
threat of a discharge;
(5) Is updated periodically; and
(6) Is resubmitted for approval of each
significant change.
Vessel owners and operators are
encouraged to submit plans in
accordance with the guidance of NVIC
01–05 CH 1. Plans submitted to the
Coast Guard consistent with this
guidance will facilitate issuance of
interim operating authorizations.
Once plans are received for review,
the Coast Guard will issue an
acknowledgement receipt. For plans
that do not meet the elements described
above, the Coast Guard will send the
owner or operator a revision request
identifying the deficient elements. If the
Coast Guard finds the elements of a
response plan to be not in compliance
with the requirements of 33 U.S.C.
1321(j)(5)(D) as amended by the 2004
Act, the Coast Guard may initiate vessel

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operational controls under authority of
33 U.S.C. 1233 and 33 CFR 160.111.
The Coast Guard is interested in
receiving comments on this policy
notice.
Dated: June 18, 2008.
Brian M. Salerno
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Marine Safety, Security And
Stewardship.
[FR Doc. E8–14115 Filed 6–20–08; 8:45 am]
BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
[Docket Nos. TSA–2006–24191; Coast
Guard–2006–24196]

Transportation Worker Identification
Credential (TWIC); Enrollment Dates
for the Ports of Bridgeport, CT; New
Castle, DE; Burlington, VT; Pennsbury
Manor, PA; Alpena, MI; Perth Amboy,
NJ; and Evansville, IN
Transportation Security
Administration; United States Coast
Guard; DHS.
ACTION: Notice.
AGENCY:

SUMMARY: The Department of Homeland
Security (DHS) through the
Transportation Security Administration
(TSA) issues this notice of the dates for
the beginning of the initial enrollment
for the Transportation Worker
Identification Credential (TWIC) for the
Ports of Bridgeport, CT; New Castle, DE;
Burlington, VT; Pennsbury Manor, PA;
Alpena, MI; Perth Amboy, NJ; and
Evansville, IN.
DATES: TWIC enrollment begins in
Bridgeport and New Castle on June 25,
2008; Burlington, Pennsbury Manor,
Alpena, and Perth Amboy on July 2,
2008; and Evansville on July 9, 2008.
ADDRESSES: You may view published
documents and comments concerning
the TWIC Final Rule, identified by the
docket numbers of this notice, using any
one of the following methods.
(1) Searching the Federal Docket
Management System (FDMS) Web page
at http://www.regulations.gov;
(2) Accessing the Government
Printing Office’s Web page at http://
www.gpoaccess.gov/fr/index.html; or
(3) Visiting TSA’s Security
Regulations Web page at http://
www.tsa.gov and accessing the link for
‘‘Research Center’’ at the top of the page.
FOR FURTHER INFORMATION CONTACT:
James Orgill, TSA–19, Transportation
Security Administration, 601 South
12th Street, Arlington, VA 22202–4220.

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Transportation Threat Assessment and
Credentialing (TTAC), TWIC Program,
(571) 227–4545; e-mail:
[email protected].
Background
The Department of Homeland
Security (DHS), through the United
States Coast Guard and the
Transportation Security Administration
(TSA), issued a joint final rule (72 FR
3492; January 25, 2007) pursuant to the
Maritime Transportation Security Act
(MTSA), Pub. L. 107–295, 116 Stat. 2064
(November 25, 2002), and the Security
and Accountability for Every Port Act of
2006 (SAFE Port Act), Pub. L. 109–347
(October 13, 2006). This rule requires all
credentialed merchant mariners and
individuals with unescorted access to
secure areas of a regulated facility or
vessel to obtain a TWIC. In this final
rule, on page 3510, TSA and Coast
Guard stated that a phased enrollment
approach based upon risk assessment
and cost/benefit would be used to
implement the program nationwide, and
that TSA would publish a notice in the
Federal Register indicating when
enrollment at a specific location will
begin and when it is expected to
terminate.
This notice provides the start date for
TWIC initial enrollment at the Ports of
Bridgeport, CT and New Castle, DE on
June 25, 2008; Burlington, VT,
Pennsbury Manor, PA, Alpena, MI, and
Perth Amboy, NJ on July 2, 2008; and
Evansville, IN on July 9, 2008. The
Coast Guard will publish a separate
notice in the Federal Register indicating
when facilities within the Captain of the
Port Zone Long Island Sound, including
those in the Port of Bridgeport; Captain
of the Port Zone Delaware Bay,
including those in the Port of New
Castle; Captain of the Port Zone
Northern New England, including those
in the Port of Burlington; Captain of the
Port Zone Delaware Bay, including
those in the Port of Pennsbury Manor;
Captain of the Port Zone Sault Ste.
Marie, including those in the Port of
Alpena; Captain of the Port Zone New
York, including those in the Port of
Perth Amboy; and Captain of the Port
Zone Ohio Valley, including those in
the Port of Evansville must comply with
the portions of the final rule requiring
TWIC to be used as an access control
measure. That notice will be published
at least 90 days before compliance is
required.
To obtain information on the preenrollment and enrollment process, and
enrollment locations, visit TSA’s TWIC
Web site at http://www.tsa.gov/twic.

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