[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Pages 19537-19544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7787]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

[Docket No. USCG-2011-0187]
RIN 1625-AB76


MARPOL Annex V Special Areas: Wider Caribbean Region

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: By this final rule, the Coast Guard amends the list of special 
areas in effect under Annex V of the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the Protocol 
of 1978, as amended, to include the Wider Caribbean Region special 
area. The current list of special areas in effect is outdated because 
it does not include this special area, which went into effect May 1, 
2011. This rule will correct the list of special areas in effect to 
provide accurate information to the public.

DATES: This final rule is effective April 2, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0187 and are available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2011-0187 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email David Condino, U.S. Coast Guard Office of Port and 
Facility Activities; telephone 202-372-1145, email 
<a href="/cdn-cgi/l/email-protection#6b2f0a1d020f452a452804050f0205042b1e18080c45060207"><span class="__cf_email__" data-cfemail="5014312639347e117e133f3e34393e3f10252333377e3d393c">[email protected]</span></a>. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review

[[Page 19538]]

    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

ABA American Boating Association
AMI Association of Marina Industries
APHIS Animal and Plant Health Inspection Service
APPS Act to Prevent Pollution from Ships, Pub. L. 96-478, as amended 
(33 U.S.C. 1901 et seq.)
CFR Code of Federal Regulations
CFV Commercial Fishing Vessel
CLIA Cruise Lines International Association
DHS Department of Homeland Security
FR Federal Register
IMO International Maritime Organization
ISM International Safety Management Code
MARPOL The International Convention for the Prevention of Pollution 
from Ships, 1973, as modified by the Protocol of 1978, as amended
MEPC Marine Environmental Protection Committee
MISLE Marine Information for Safety and Law Enforcement
NPRM Notice of proposed rulemaking
OSV Offshore supply vessel
RCP Responsible Carrier Program
RFA Regulatory Flexibility Act
SOLAS International Convention for Safety of Life at Sea
U.S.C. United States Code
USPS U.S. Power Squadron
WCR Wider Caribbean Region

II. Regulatory History

    On August 6, 2009, we published a notice and request for comments 
entitled ``Comment Request on MARPOL Annex V Wider Caribbean Region 
Special Area'' in the Federal Register (74 FR 39334). This notice 
anticipated the eventual entry into effect of the Wider Caribbean 
Region (WCR) special area, but recognized that no date had been set by 
the International Maritime Organization (IMO). We received three 
comments in response to the notice. Those comments are addressed in the 
``Discussion of Comments and Changes'' section below.
    On March 22-26, 2010, the Marine Environmental Protection Committee 
(MEPC) of the IMO met at IMO headquarters in London, England. On April 
12, 2010, the MEPC published their ``REPORT OF THE MARINE ENVIRONMENT 
PROTECTION COMMITTEE ON ITS SIXTIETH SESSION'' (available free at 
http://docs.imo.org/, registration required). In that report, the MEPC 
set May 1, 2011 as the date for the WCR special area to come into 
effect.
    On April 7, 2011, we published a notice entitled ``Notice of Entry 
into Effect of MARPOL Annex V Wider Caribbean Region Special Area'' in 
the Federal Register (76 FR 19380). That notice informed the public of 
the entry into effect of the WCR special area on May 1, 2011.
    This Final Rule amends the regulations in 33 CFR part 151 to 
reflect the entry into effect of the WCR special area. The Coast Guard 
did not publish a Notice of Proposed Rulemaking (NPRM) for this 
amendment. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, because this final rule does 
not call for any substantive legal changes. In short, the rule merely 
corrects in the Coast Guard's regulations the list of special areas 
currently in effect. Under IMO rules, as incorporated by the Act to 
Prevent Pollution from Ships (APPS) and 33 CFR 151.53(b), the WCR is 
already in effect under U.S. law. Further, under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that, for the same reasons, good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.
    Good cause exists when publication would be impracticable, 
unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). 
Publishing an NPRM and delaying the effective date are unnecessary 
because the change being made is a conforming amendment required by 
existing authority--33 CFR 151.53(b)--and because, as explained infra, 
an opportunity for public comment has already been provided.
    Also, this rulemaking merely restates a legal responsibility 
already in effect under MARPOL and APPS (33 U.S.C. 1901 et seq.), which 
is the U.S. authority implementing MARPOL. Through APPS, the United 
States accepts the IMO process for bringing Annex V special areas into 
effect. 33 U.S.C. 1901(a)(5), see also section 1907(a) (requiring 
compliance with MARPOL). Since the United States first accepted Annex 
V, another special area, the WCR, has come into effect through the IMO 
process. This rulemaking corrects the list at 33 CFR 151.53 to 
accurately list the special areas currently in effect.
    The opportunity for public comment on the regulations related to 
APPS, including the IMO process for bringing special areas into effect, 
was provided in 1989. The original APPS regulations in 33 CFR parts 
151, 155, and 158 were implemented through a full informal rulemaking 
process, including an Advance Notice of Proposed Rulemaking (53 FR 
23884, June 24, 1988), an Interim Rule with Request for Comments (54 FR 
18384, April 28, 1989), and a Final Rule (55 FR 35986, September 4, 
1990) (APPS rulemaking). The Coast Guard held three public meetings, 
received public comments, and responded to all comments received. The 
Coast Guard received no comments on the IMO process for bringing 
special areas into effect. There have been no substantive changes 
regarding this process since the APPS rulemaking and this rulemaking 
also does not change that process.
    In the 2009 notice and request for comments, the Coast Guard 
specifically requested information on issues that impact port reception 
facilities, commercial vessels, and recreational vessels operating in 
the WCR special area and requested recommendations to address any 
issues. We summarize and respond to those comments in section V of this 
document. We did not receive any additional data or information on the 
impacts of the WCR special area.

III. Basis and Purpose

    MARPOL consists of 20 articles and Annexes I-VI. Annex V regulates 
the discharge of garbage from ships. The United States became a party 
to MARPOL through APPS, and became a party to Annex V through section 
2101 of the Marine Plastic Pollution Research and Control Act (Pub. L. 
100-220). MARPOL establishes nine ``special areas,'' eight of which 
apply to Annex V. In a MARPOL Annex V special area, the rules on the 
discharge of garbage are more restrictive than outside of a MARPOL 
Annex V special area.
    This final rule modifies 33 CFR 151.53(c) and Appendix A of Part 
151 to add the WCR special area to the list of special areas currently 
in effect. This change harmonizes Coast Guard regulations with MARPOL 
and clarifies where the discharge restrictions found at 33 CFR 151.71 
(Operating Requirements: Discharge of garbage within special areas) 
apply.

IV. Background

    A MARPOL Annex V special area is a sea area where the adoption of 
special mandatory methods for the prevention of sea pollution by 
garbage is required. The Coast Guard is updating the list of special 
areas in effect at 33 CFR 151.53(c) to include the WCR special area.
    A special area under MARPOL Annex V enters into force when 
sufficient parties to MARPOL agree that the adoption of special 
mandatory methods for the prevention of sea pollution by garbage is 
required in that area. ``Enters into force,'' means that the special 
area

[[Page 19539]]

is defined and recognized for treaty purposes. However, the special 
area regulations do not apply in that special area until the special 
area enters into effect.
    A special area enters into effect on the date set by the IMO after 
the IMO receives sufficient notification from Member states bordering a 
special area of adequate port reception facilities. This date is the 
special area's ``effective date.'' In a special area prior to its 
effective date, 33 CFR 151.69 (Operating requirements: Discharge of 
garbage outside special areas) applies. In a special area after its 
effective date, the more restrictive requirements of 33 CFR 151.71 
(Operating Requirements: Discharge of garbage within special areas) 
apply.
    The special area that this rule addresses is the WCR special area, 
as defined in Regulation 5(1)(h) of MARPOL Annex V and 33 CFR 151.06. 
This special area entered into force (but not effect) on April 4, 1993, 
as agreed to by Parties to MARPOL Annex V.
    The MEPC decided to set the effective date after hearing a report, 
co-sponsored by 22 WCR Member States, during its March 2010 meeting 
that all but three states (Belize, Jamaica, and Nicaragua) in the WCR 
reported that they had adequate garbage reception facilities in their 
ports.\1\ At that time the three WCR countries that were not listed as 
co-sponsors of MEPC 60/8/2 reported that they either were establishing 
those facilities or had made arrangements with neighboring countries.
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    \1\ MEPC 60/8/2, IDENTIFICATION AND PROTECTION OF SPECIAL AREAS 
AND PARTICULARLY. SENSITIVE SEA AREAS ``Wider Caribbean Region'' as 
a Special Area under MARPOL Annex V. A copy is in the docket.
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    The special discharge restrictions for the WCR special area entered 
into effect on May 1, 2011 (IMO Circ. Letter No. 3053, April 14, 2010 
\2\). As of May 1, 2011, the discharge of garbage from vessels in the 
WCR area is restricted to the discharge of food wastes only (i.e., 
subject to the restrictions of MARPOL Annex V, Regulation 5 and 33 CFR 
151.71).
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    \2\ A copy of the Circular is in the docket.
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    The list of special areas currently in effect at 33 CFR 151.53(c) 
does not include the WCR. This list, and Appendix A to part 151, must 
be corrected to provide the maritime community an accurate list of 
special areas currently in effect.

V. Discussion of Comments and Changes

    As noted above, on August 6, 2009, we published a notice and 
request for comments entitled ``Comment Request on MARPOL Annex V Wider 
Caribbean Region Special Area'' in the Federal Register (74 FR 39334). 
This notice anticipated the eventual entry into effect of the WCR 
special area, even though at the time of publication no effective date 
had been set by the IMO. We received three letters and three different 
comments on the WCR special area. None of the comments indicated that 
the heightened discharge restrictions coming into effect for the WCR 
would result in increased burdens to vessels or reception facilities.
    One commenter brought up the problem of dry bulk cargo wash-water. 
Dry bulk cargo ships are not generally designed to store wash-water and 
port facilities are generally not able to receive and treat wash-water. 
Pending a final decision by IMO, the Coast Guard supports the current 
IMO exception to Annex V for dry cargo wash-water discharges in special 
areas. Under IMO MEPC.1/Circ.675/Rev.1 26 March 2010, dry cargo residue 
wash-water is not considered garbage under Annex V in the WCR special 
area and, therefore, is not a subject of this rulemaking.
    One comment expressed the commenter's belief that the Resource 
Conservation and Recovery Act disincentivizes commercial vessels from 
disposing of garbage at a shore facility. We agree that additional 
efforts are necessary to protect the environment from the discharge of 
hazardous materials at sea. However, those efforts are outside the 
scope of this rulemaking.
    Another comment addressed the different requirements for reception 
facilities for garbage under MARPOL and U.S. Department of Agriculture, 
Animal and Plant Health Inspection Service (APHIS) regulations in 
titles 7 and 9 of the CFR. Garbage subject to APHIS regulations is a 
subset of garbage regulated under MARPOL. APHIS regulations relate to 
foreign plant and/or animal waste, including galley waste and any 
materials that have come in contact with such waste. Requirements for 
APHIS regulated plant and animal wastes remain unchanged and are not a 
subject of this rulemaking.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This final rule has not been designated a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the final rule has not been reviewed by the Office 
of Management and Budget.
    A regulatory assessment follows:
Regulatory Changes
    Prior to Annex V becoming effective in the WCR on May 1, 2011, the 
rules governing discharge of garbage applicable to the WCR were found 
at 33 CFR 151.69. That is, the standards found at 33 CFR 151.69 define 
the regulatory baseline for the 2010 MEPC actions establishing an 
effective date for the WCR as a special area. The final rule will 
correct 33 CFR 151 to reflect that the discharge restrictions for 
special areas found at 33 CFR 151.71 apply to the WCR.
    MARPOL Annex V segregates garbage into the following types:
    <bullet> Plastics, including synthetic ropes, fishing nets, and 
plastic bags;
    <bullet> Dunnage (i.e. bracing materials), lining, and packing 
materials that float;
    <bullet> Paper, rags, glass, metal, bottles, crockery and similar 
refuse;
    <bullet> Paper, rags, glass, etc., comminuted or ground;
    <bullet> Victual waste not comminuted or ground; and
    <bullet> Victual waste comminuted or ground.
    Sections 151.69 and 151.71 of 33 CFR set the rules for each garbage 
type by these zones, defined according to distances from the nearest 
land: less than 3 miles, less than 12 miles, less than 25 miles, and 
greater than 25 miles.
    Below are comparisons of the restrictions in Sec.  151.69 and Sec.  
151.71 by garbage type:
    <bullet> Plastics: Both sections prohibit the discharge of plastics 
anywhere.
    <bullet> Dunnage, lining, and packing materials that float: Sec.  
151.69 permits the discharge of dunnage only in the greater than 25 
miles zone. However, Sec.  151.71 prohibits the discharge of dunnage 
anywhere in a special area.
    <bullet> Paper, rags, glass, etc. and similar refuse: Sec.  151.69 
permits the discharge of paper etc. only in the 12-25 miles and greater 
than 25 miles zones. However,

[[Page 19540]]

Sec.  151.71 prohibits the discharge of paper etc. anywhere in a 
special area.
    <bullet> Ground paper, rags, glass, etc.: Sec.  151.69 permits the 
discharge of ground paper etc. outside the less than 3 miles zone. 
However, Sec.  151.71 prohibits the discharge of ground paper etc. in 
all zones in a special area.
    <bullet> Victual Waste: Both sections permit the discharge of 
victual waste in the 12-25 miles and greater than 25 miles zones.
    <bullet> Ground Victual Waste: Both sections permit the discharge 
of ground victual wastes in all zones other than the less than 3 miles 
zone.
    Table VI.1 shows the provisions of Sec. Sec.  151.69 and 151.71. 
The more restrictive provisions of Sec.  151.71 prohibit the discharge 
of any materials other than Victual Waste or Ground Victual Waste 
anywhere in the WCR.

               Table VI.1--Comparison of Discharge Restrictions in Sec.  Sec.   151.69 and 151.71
----------------------------------------------------------------------------------------------------------------
                                                                     Miles from nearest land
           Material                 Section     ----------------------------------------------------------------
                                                        <3               3-12             12-25           >25
----------------------------------------------------------------------------------------------------------------
Plastics.....................  Sec.   151.69...  No..............  No..............  No.............  No.
                               Sec.   151.71...  No..............  No..............  No.............  No.
Dunnage......................  Sec.   151.69...  No..............  No..............  No.............  Yes.
                               Sec.   151.71...  No..............  No..............  No.............  No.
Paper, etc...................  Sec.   151.69...  No..............  No..............  Yes............  Yes.
                               Sec.   151.71...  No..............  No..............  No.............  No.
Ground Paper, etc............  Sec.   151.69...  No..............  Yes.............  Yes............  Yes.
                               Sec.   151.71...  No..............  No..............  No.............  No.
Victual Waste................  Sec.   151.69...  No..............  No..............  Yes............  Yes.
                               Sec.   151.71...  No..............  No..............  Yes............  Yes.
Ground Victual Waste.........  Sec.   151.69...  No..............  Yes.............  Yes............  Yes.
                               Sec.   151.71...  No..............  Yes.............  Yes............  Yes.
----------------------------------------------------------------------------------------------------------------

    As the table shows, the differences between Sec. Sec.  151.69 and 
151.71, which identify the changes applicable to any special area after 
its effective date as established by the IMO, are these additional 
prohibitions:
    <bullet> Dunnage in the greater than 25 miles zone;
    <bullet> Paper, etc. in the 12-25 mile zone and greater than 25 
miles zone; and
    <bullet> Ground paper etc. in the 3-12 mile, 12-25 mile, and 
greater than 25 miles zones.
    In the Background section we described how, at the March 2010 
meeting, the IMO's MEPC set the effective date for the WCR special area 
as May 1, 2011. At that meeting, the United States (and 21 other WCR 
countries) reported to the IMO that they had adequate port reception 
facilities at ports and terminals bordering the WCR. However, the 
United States had adequate port reception facilities established years 
before the 2010 meeting; the Coast Guard began issuing MARPOL Annex V 
Certificates of Adequacy (certification that a facility may receive 
garbage in compliance with MARPOL and APPS) in 2001. Other WCR 
countries party to MARPOL have been ready since March 2010 or earlier.
Current Industry Practice
    The Coast Guard estimates that the IMO's action does not impose an 
additional burden on the U.S. maritime community. We evaluated the 
vessels transiting the WCR by different sectors (cruise line, 
commercial fishing vessel, other commercial vessel, and recreational 
vessel) and then researched waste management rules and practices in 
each sector to establish a baseline of current practices. Table VI.2 
summarizes the results of our findings for each sector.

                           Table VI.2--Summary of Current Industry Practice by Sector
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                                                                    Garbage type
              Sector              ------------------------------------------------------------------------------
                                            Dunnage                     Paper                 Ground paper
----------------------------------------------------------------------------------------------------------------
Cruise Lines.....................  Current practice.........  Current practice........  Current practice.
Commercial Fishing Vessels.......  Not relevant to this       Current practice........  Not relevant to this
                                    sector.                                              sector.
Other Commercial Vessels.........  Current practice and       Current practice and      Current practice and
                                    inspections.               inspections.              inspections.
Recreation vessels...............  Not relevant to this       Current practice and      Not relevant to this
                                    sector.                    education programs.       sector.
----------------------------------------------------------------------------------------------------------------

    Below we present our findings for each sector.

1. Cruise Line Sector

    The cruise line sector is international in scope and its vessels 
are subject to the provisions of MARPOL. In June 2001, the 
International Council of Cruise Lines and its members adopted a set of 
practices and procedures entitled ``Cruise Industry Waste Management 
Practices and Procedures.'' \3\ Currently, the vessels of the cruise 
industry are subject to many regulatory regimes, including U.S. laws 
and regulations; state regulations that may be more strict than U.S. 
laws, including Florida; \4\ the International Convention for Safety of 
Life at Sea (SOLAS); the International Safety Management Code (ISM); 
and MARPOL.
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    \3\ Ibid, p. 6.
    \4\ Web site of the Cruise Lines International Association, 
http://www2.cruising.org/industry/environment.cfm.
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    The Cruise Lines International Association (CLIA) in 2010 published 
a document ``CLIA at 35: Steering a Sustainable Course'' \5\ that 
describes its environmental policies. Part II, ``Waste Management,'' 
states that CLIA's Waste

[[Page 19541]]

Management Procedures and Policies are incorporated in their members' 
safety management systems. The document also describes on-board 
recycling, trash, and garbage management procedures. These include 
numerous points on the vessel for the collection of recyclable 
materials from passengers and crew, on-board compacting and storage of 
aluminum, on-board shredding of paper and cardboard, and the grinding 
and discharge of food wastes in compliance with MARPOL.
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    \5\ Cruise Lines International Association, http://www.cruising.org/vacation/news/press_releases/2010/09/celebrating-its-35th-year-clia-releases-new-environmental-report.
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    In general, cruise ships are fitted with on-board recycling systems 
for many materials, other materials are incinerated or brought ashore, 
and the only solid waste discharged at sea is food waste of either the 
Victual Waste or Ground Victual Waste type. We concluded that the 
cruise line sector is currently compliant with the current MARPOL 
regulations, the APPS, and other U.S. laws. As this final rule will 
only add the references to the MARPOL restrictions to the CFR, the 
Coast Guard estimates that there will be no additional costs to this 
sector.

2. Commercial Fishing Vessel Sector

    We compared Annex V restrictions to the characteristics of 
commercial fishing vessels (CFVs). As noted in Table VI.1, Annex V 
increased the discharge restrictions for the Dunnage, Paper, and Ground 
Paper types in special areas.
    With respect to the Dunnage type, CFVs, as single-purpose vessels, 
carry supplies and equipment related to their fishing operations. They 
do not carry general cargo or bracing, lining, or other materials 
included in the Dunnage type that are used in freight ships. Thus, the 
special area restrictions of Annex V, prohibiting the discharge of 
Dunnage anywhere in the WCR, will not impact CFVs operating out of U.S. 
ports in the WCR.
    CFVs operating out of U.S. ports in the WCR typically engage in 
short voyages with small crews. This means that they will not generate 
large waste streams, obviating the need for a specialized paper grinder 
or shredder like those found on cruise ships. Also, a grinder or 
shredder would take up space that would otherwise be used for the 
vessel's fishing operations. Because U.S. CFVs operating in the WCR do 
not generate ground paper, we believe that the Annex V restrictions on 
Ground Paper will not result in additional compliance costs for them.
    The Annex V restrictions on the Paper type will apply to CFVs. 
Under the less stringent standards found at Sec.  151.69, discharge of 
Paper is permitted if greater than 12 miles from the nearest land. As 
mentioned above, CFV operations consist of short voyages, returning to 
the same port they left from to deliver their catch. Our previously 
cited research also indicates that any Paper waste is produced in the 
galley primarily, commingled and packaged with victual and other waste, 
and disposed of when returned to home port. Although Annex V prohibits 
the discharge of Paper waste throughout the WCR, our assessment is that 
Paper waste on CFVs is currently being commingled with other garbage. 
The Coast Guards estimates that this final rule will not affect current 
behavior or result in additional costs to this sector.

3. Other Commercial Vessels

    This sector is comprised of commercial vessels other than the 
cruise ships and commercial fishing vessels (``other commercial 
vessels''). The other commercial vessels sector includes both foreign-
flag and U.S.-flag vessels that transit or operate in the WCR. With 
regard to foreign-flag vessels, they are engaged in international 
transits and may transit the other special areas that have been in 
effect longer than the WCR. For that reason, we conclude that they are 
already complying with Annex V restrictions and that the WCR coming 
into effect will not impose any additional costs to them.
    To identify the other U.S.-flag commercial vessels that will be 
affected by the final rule, we extracted from the Marine Information 
for Safety and Law Enforcement (MISLE) database information about the 
U.S.-flag vessels as of September 2011. We used the SOLAS certificate 
documentation to identify the subset of such vessels that have 
international capability. The resulting population of U.S.-flag other 
commercial vessels is dominated by offshore supply vessels (OSVs), 
towing vessels, and freight ships. The population also includes 
specialty oil service and passenger vessels. OSVs includes vessels 
supporting near-coastal and harbor work. The towing vessel sector is 
diverse and includes some vessels that work exclusively in inland 
waters, some vessels that work in the intracoastal waterways and some 
vessels that remain within 3 miles of land.
    We analyzed the characteristics of this population of other 
commercial vessels with respect to existing regulatory requirements and 
we found that all of these vessels are subject to one or more 
compliance regimes. All of these vessels are in at least one of the 
following categories: (1) Coast Guard inspected vessels, or (2) 
uninspected vessels which have voluntarily adopted an audit-based 
safety management system (SMS) such as the IMO's International Safety 
Management Code (ISM) or the American Waterways Operator's Responsible 
Carrier Program (RCP). Below, we discuss the garbage management 
requirements under these compliance regimes and summarize our findings.

Coast Guard Inspected Vessels

    Coast Guard inspected vessels are already required to comply with 
the requirements of MARPOL. Under 33 CFR 151.61, the Coast Guard may 
inspect any ``ship subject to inspection'' for compliance with the APPS 
regulations. APPS regulations include the waste management plan 
requirements of 33 CFR 151.57. Section 151.57 requires compliance with 
MARPOL and waste management plans for vessels in a defined group; that 
group includes all of the inspected vessels in the other commercial 
vessels population. Compliance with these requirements is part of the 
Coast Guard safety and security inspection regime.

Vessels With Audit-Based Safety Management Systems

    All of the vessels which are not subject to Coast Guard inspection, 
but are part of the other commercial vessels population, have 
voluntarily adopted one of the two major audit-based safety management 
system (SMS): Either the IMO's International Safety Management Code 
(ISM), or the American Waterways Operator's Responsible Carrier Program 
(RCP). Both the ISM and the RCP require that ships adhere to applicable 
laws and regulations, including MARPOL Annex V. Each regime also 
includes requirements relating to sanitation. For example, the RCP's 
section II.D, ``Environmental Policy and Procedures,'' \6\ requires 
each vessel to have procedures and documentation for garbage disposal, 
handling of waste oil, sanitary systems and handling of sewage. 
Similarly, the ISM Code states that one of its objectives is 
``avoidance of damage to the environment, in particular to the marine 
environment and to property,'' \7\ and that a ship's safety management 
system should ``assess all identified risks to its ships, personnel and 
the environment and establish appropriate safeguards.''
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    \6\ American Waterways Operators, http://www.americanwaterways.com/commitment_safety/RCP.pdf.
    \7\ International Maritime Organization, http://www.imo.org/ourwork/humanelement/safetymanagement/pages/ismcode.aspx.
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    Each company subject to the ISM or RCP documents the specific 
processes and policies its vessels will follow to comply with all of 
the applicable SMS's

[[Page 19542]]

requirements. Both the ISM and the RCP use third-party auditors to 
ensure that the vessels and company policies are in compliance with the 
applicable safety regimes. Thus, these compliance regimes ensure that 
ships adhere to current federal rules, including MARPOL Annex V and 
APPS, as well as additional regime-specific sanitation and garbage 
management procedures.

Summary of Findings

    We conclude that these commercial vessels currently meet the 
garbage management requirements of the final rule. The Coast Guard 
therefore estimates that there will be no additional costs to these 
vessels.

4. Recreational Vessels

    As described earlier in this section, the passing of the effective 
date of the WCR special area increased the restrictions on the 
discharge of the Dunnage, Ground Paper, and Paper types. The Dunnage 
type would not apply to recreational vessels, because they do not carry 
containers or other general cargo that would require the bracing and 
lining materials that comprise this garbage type.
    With respect to Ground Paper, Coast Guard experience indicates that 
recreational vessels do not have space for a specialized shredder or 
grinder to process the materials in the Ground Paper type. Instead, 
this material is commingled with other garbage types. Our assessment 
then is that the Ground Paper type is not relevant to the recreational 
vessel sector.
    The remaining garbage type that has a new restriction in the WCR is 
Paper. Once the WCR special area came into effect, ships were 
prohibited from discharging Paper anywhere in the WCR. Before the WCR 
special area came in to effect, such discharge was allowed 12 miles or 
more from the nearest land.
    To address pollution on the waterways, which may be from either 
shoreside or vessel sources, the recreational boating community is 
actively engaged in education, which we refer to as ``clean water/
marina programs,'' collectively. These programs are focused on 
comprehensive waste management actions and already incorporate the 
restrictions of Annex V. The list below summarizes some of the programs 
pursued by leading recreational boating organizations:
    <bullet> BoatU.S. Foundation: The BoatU.S. Foundation promotes 
safety and clean water. Its clean water program, called ``Stash the 
Trash'', advises boaters to know and follow the applicable laws and 
regulations, throw no trash of any kind overboard, return everything to 
land that they take out to sea, and pick up trash on the waters and in 
marinas.\8\
---------------------------------------------------------------------------

    \8\ BoatU.S. Foundation, http://www.boatus.com/foundation/cleanwater/stashtrash.asp.
---------------------------------------------------------------------------

    <bullet> U.S. Power Squadron (USPS): The USPS has a national 
Environmental Committee, whose goals include educating boaters about 
applicable laws, regulations, and good environmental management 
practices; and promoting activities to clean up waterways.\9\
---------------------------------------------------------------------------

    \9\ U.S. Power Squadron, http://www.usps.org/national/envcom/.
---------------------------------------------------------------------------

    <bullet> Association of Marina Industries (AMI): The AMI's Clean 
Marina program ``is a voluntary compliance program that stresses 
environmental and managerial best management practices that exceed 
regulatory requirements * * * A typical Clean Marina program will have 
components that cover marina [siting] and design considerations, marina 
management, emergency planning, petroleum control, sewage and gray 
water, waste containment and disposal, storm water management, habitat 
and species protection and boater education.'' \10\ Florida,\11\ 
Louisiana,\12\ and Texas \13\ have Clean Marina programs that are 
sponsored by state agencies.
---------------------------------------------------------------------------

    \10\ Association of Marina Industries, http://marinaassociation.org/government/clean-marina.
    \11\ State of Florida, http://www.dep.state.fl.us/cleanmarina/.
    \12\ State of Louisiana, http://dnr.louisiana.gov (enter clean 
marinas in the search tool).
    \13\ State of Texas, http://www.cleanmarinas.org/.
---------------------------------------------------------------------------

    <bullet> American Boating Association (ABA): The Clean Trash 
Discharge part of the ABA's Clean Boating program includes information 
about the Marine Plastic Pollution Research and Control Act and MARPOL 
Annex V, and advocates proper stowage of all articles and return of 
everything taken aboard.\14\
---------------------------------------------------------------------------

    \14\ American Boating Association, http://www.americanboating.org/clean.asp.
---------------------------------------------------------------------------

    For the recreational boater, the application of increased 
restrictions in the WCR, by itself, is narrow, because it only affects 
the Paper type in the two farthest zones. Moreover, because clean 
water/marina programs are already advocating the practices consistent 
with the increased restrictions described in 33 CFR 151.71, we conclude 
that the publication of this final rule will not require recreational 
boaters to learn or adopt any new behavior. The Coast Guard estimates 
that there will be no additional costs to the owners of recreational 
vessels.
Summary
    In both the commercial and recreational sectors, we estimate 
current garbage and waste management practices are already consistent 
with the changes enacted by IMO. These include recycling on the larger 
vessels and stowage and onshore disposal for vessels of all sizes and 
types. In summary, the Coast Guard estimates that there will be no 
additional costs to the public by this final rule.
Benefits
    Without the promulgation of this final rule, discrepancies between 
the CFR and the requirements found in the APPS and MARPOL would 
continue and provide inconsistent information to operators of 
industrial and recreational vessels that transit the WCR.
    The primary benefit of this rule is to provide consistent 
information on MARPOL Annex V special area requirements in order to 
increase the regulated community's awareness of the requirements. The 
secondary benefit is more efficient regulations through greater 
consistency between U.S. domestic regulations and MARPOL Annex V.

B. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. However, when an 
agency is not required to publish an NPRM for a rule, the RFA does not 
require the agency to prepare a regulatory flexibility analysis. The 
Coast Guard was not required to publish an NPRM for this rule for the 
reasons stated in Section II, ``Regulatory History.'' Therefore, the 
Coast Guard is not required to publish a regulatory flexibility 
analysis.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. The Coast Guard will 
not retaliate against small entities that question or complain about 
this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of federal 
employees who enforce, or otherwise determine compliance with, federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

[[Page 19543]]

D. Collection of Information

    This rule does not call for any new collections of information, as 
defined by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order. States do not 
have the authority to regulate special areas under MARPOL Annex V, 
including the Wider Caribbean Region special area. Therefore, we have 
determined that the final rule does not have implications for 
federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded under section 2.B.2, figure 2-1, 
paragraph (34)(a) of the Instruction and under section 6(b) of the 
``Appendix to National Environmental Policy Act: Coast Guard Procedures 
for Categorical Exclusions, Notice of Final Agency Policy'' (67 FR 
48244, July 23, 2002). This rule involves regulations which are 
editorial or procedural, in that the regulatory change merely restates 
an already-existing obligation in a more convenient place. Accordingly, 
paragraph 34(a) of the Instruction applies. This rule also involves 
regulations mandated by Congress in APPS; congressionally mandated 
regulations designed to improve or protect the environment are excluded 
under section 6(b) of the Appendix. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 151 as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

0
1. The authority citation for part 151 continues to read:

    Authority:  33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101; 
Pub. L. 104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat. 1063), 
Sec. 623; E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Delegation No. 
0170.1, sec. 2(77).

Subpart A--Implementation of MARPOL 73/78 and the Protocol on 
Environmental Protection to the Antarctic Treaty as It Pertains to 
Pollution From Ships


Sec.  151.53  [Amended]

0
2. Amend Sec.  151.53(c) by adding the words ``Wider Caribbean Region, 
the'' before the word ``Mediterranean''; adding the word ``the'' before 
the word ``Baltic''; and adding a comma after the word ``Gulfs.''

0
3. Revise Appendix A to Sec. Sec.  151.51 through 151.77 to read as 
follows:

Appendix A to Sec. Sec.  151.51 Through 151.77--Summary of Garbage 
Discharge Restrictions

[[Page 19544]]



----------------------------------------------------------------------------------------------------------------
                                    All vessels except fixed or floating platforms and
                                                    associated vessels                      Fixed or floating
           Garbage type           -----------------------------------------------------    platforms &  assoc.
                                     Outside special areas    In special areas \2\ (33    vessels \3\  (33 CFR
                                        (33 CFR 151.69)              CFR 151.71)                 151.73)
----------------------------------------------------------------------------------------------------------------
Plastics--includes synthetic       Disposal prohibited (33    Disposal prohibited (33   Disposal prohibited (33
 ropes and fishing nets and         CFR 151.67).               CFR 151.67).              CFR 151.67).
 plastic bags.
Dunnage, lining and packing        Disposal prohibited less   Disposal prohibited (33   Disposal prohibited.
 materials that float.              than 25 miles from         CFR 151.71)..
                                    nearest land and in the
                                    navigable waters of the
                                    U.S.
Paper, rags, glass, metal          Disposal prohibited less   Disposal prohibited (33   Disposal prohibited.
 bottles, crockery and similar      than 12 miles from         CFR 151.71).
 refuse.                            nearest land and in the
                                    navigable waters of the
                                    U.S.
Paper, rags, glass, etc.           Disposal prohibited less   Disposal prohibited (33   Disposal prohibited.
 comminuted or ground \1\.          than 3 miles from          CFR 151.71).
                                    nearest land and in the
                                    navigable waters of the
                                    U.S.
Victual waste not comminuted or    Disposal prohibited less   Disposal prohibited less  Disposal prohibited.
 ground.                            than 12 miles from         than 12 miles from
                                    nearest land and in the    nearest land.
                                    navigable waters of the
                                    U.S.
Victual waste comminuted or        Disposal prohibited less   Disposal prohibited less  Disposal prohibited less
 ground \1\.                        than 3 miles from          than 12 miles from        than 12 miles from
                                    nearest land and in the    nearest land, except in   nearest land and in the
                                    navigable waters of the    the Wider Caribbean       navigable waters of the
                                    U.S.                       Region special area,      U.S.
                                                               where disposal is
                                                               prohibited less than 3
                                                               miles from nearest land.
Mixed garbage types \4\..........  See Note 4...............  See Note 4..............  See Note 4.
----------------------------------------------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through a screen with a mesh size no larger than 25
  mm. (1 inch) (33 CFR 151.75).
Note 2: Special areas under Annex V are the Mediterranean, Baltic, Black, Red, and North Seas areas, the Gulfs
  area, and the Wider Caribbean Region. (33 CFR 151.53).
Note 3: Fixed or floating platforms and associated vessels includes all fixed or floating platforms engaged in
  exploration, exploitation or associated offshore processing of seabed mineral resources, and all ships within
  500m of such platforms.
Note 4: When garbage is mixed with other harmful substances having different disposal or discharge requirements,
  the more stringent disposal restrictions shall apply.


    Dated: March 16, 2012.
J.G Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-7787 Filed 3-30-12; 8:45 am]
BILLING CODE 9110-04-P


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