Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19537 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 

(NEPA) (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 figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves establishing special local 

regulations issued in conjunction with a 

regatta or marine parade. Under figure 

2–1, paragraph (34)(h), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35T07–0039 

to read as follows: 

§ 100.35T07–0039 Special Local 

Regulations; Savannah Tall Ships 

Challenge, Savannah River, Savannah, GA. 

(a) Regulated Areas. The following 

regulated areas are established as 

special local regulations during the 

Savannah Tall Ships Challenge, with 

the specific enforcement period for each 

of the regulated areas. All coordinates 

are North American Datum 1983. 

(1) Mooring Zones. All waters of the 

Savannah River within 25 yards of 

vessels participating in the Savannah 

Tall Ships Challenge while such vessels 

are moored. These regulated areas will 

be enforced from 10:30 a.m. on May 3, 

2012 until 3 p.m. on May 7, 2012. 

(2) Buffer Zones. All waters of the 

Savannah River within 200 yards of 

vessels participating in the Savannah 

Tall Ships Challenge as they transit 

from their mooring locations to the 

staging area. These regulated areas will 

be enforced from 11:30 a.m. until 3 p.m. 

on May 7, 2012. 

(3) Staging Area. All waters within a 

one nautical mile radius of position 

31°59′30′′ N 80°42′55′′ W. This regulated 

area will be enforced from 11:30 a.m. 

until 4:30 p.m. on May 7, 2012. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Savannah in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated areas 

unless authorized by the Captain of the 

Port Savannah or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas may 

contact the Captain of the Port 

Savannah by telephone at (912) 652– 

4353, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated areas is granted by 

the Captain of the Port Savannah or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Savannah or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas, including 

the names and mooring locations of the 

vessels participating in the Savannah 

Tall Ships Challenge and the identities 

of the lead safety vessel and the last 

safety vessel as the vessels transit to the 

staging area, prior to the event by Local 

Notice to Mariners, Broadcast notice to 

Mariners, and a Maritime Safety and 

Security Bulletin. Notice will also be 

provided by on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced from 10:30 a.m. on May 3, 

2012 through 4:30 p.m. on May 7, 2012. 

Dated: March 21, 2012. 

J.B. Loring, 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. 2012–7793 Filed 3–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

David.A.Condino@uscg.mil. 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 


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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 


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1MEPC 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. 

2A copy of the Circular is in the docket. 

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 cosponsors of MEPC 60/8/2 reported that 

they either were establishing those 

facilities or had made arrangements 

with neighboring countries. 

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). 

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: 

• Plastics, including synthetic ropes, 

fishing nets, and plastic bags; 

• Dunnage (i.e. bracing materials), 

lining, and packing materials that float; 

• Paper, rags, glass, metal, bottles, 

crockery and similar refuse; 

• Paper, rags, glass, etc., comminuted 

or ground; 

• Victual waste not comminuted or 

ground; and 

• 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 § 151.69 and § 151.71 by 

garbage type: 

• Plastics: Both sections prohibit the 

discharge of plastics anywhere. 

• Dunnage, lining, and packing 

materials that float: § 151.69 permits the 

discharge of dunnage only in the greater 

than 25 miles zone. However, § 151.71 

prohibits the discharge of dunnage 

anywhere in a special area. 

• Paper, rags, glass, etc. and similar 

refuse: § 151.69 permits the discharge of 

paper etc. only in the 12–25 miles and 

greater than 25 miles zones. However, 


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3 Ibid, p. 6. 4Web site of the Cruise Lines International 

Association, http://www2.cruising.org/industry/

environment.cfm. 

5Cruise Lines International Association, http://

www.cruising.org/vacation/news/press_releases/

2010/09/celebrating-its-35th-year-clia-releases-newenvironmental-report. 

§ 151.71 prohibits the discharge of paper 

etc. anywhere in a special area. 

• Ground paper, rags, glass, etc.: 

§ 151.69 permits the discharge of ground 

paper etc. outside the less than 3 miles 

zone. However, § 151.71 prohibits the 

discharge of ground paper etc. in all 

zones in a special area. 

• Victual Waste: Both sections permit 

the discharge of victual waste in the 12– 

25 miles and greater than 25 miles 

zones. 

• 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 

§§ 151.69 and 151.71. The more 

restrictive provisions of § 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 §§ 151.69 AND 151.71 

Material Section 

Miles from nearest land 

<3 3–12 12–25 >25 

Plastics .................................................................................................. § 151.69 ....... No ................ No ................ No ................ No. 

§ 151.71 ....... No ................ No ................ No ................ No. 

Dunnage ................................................................................................ § 151.69 ....... No ................ No ................ No ................ Yes. 

§ 151.71 ....... No ................ No ................ No ................ No. 

Paper, etc .............................................................................................. § 151.69 ....... No ................ No ................ Yes .............. Yes. 

§ 151.71 ....... No ................ No ................ No ................ No. 

Ground Paper, etc ................................................................................. § 151.69 ....... No ................ Yes .............. Yes .............. Yes. 

§ 151.71 ....... No ................ No ................ No ................ No. 

Victual Waste ........................................................................................ § 151.69 ....... No ................ No ................ Yes .............. Yes. 

§ 151.71 ....... No ................ No ................ Yes .............. Yes. 

Ground Victual Waste ........................................................................... § 151.69 ....... No ................ Yes .............. Yes .............. Yes. 

§ 151.71 ....... No ................ Yes .............. Yes .............. Yes. 

As the table shows, the differences 

between §§ 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: 

• Dunnage in the greater than 25 

miles zone; 

• Paper, etc. in the 12–25 mile zone 

and greater than 25 miles zone; and 

• 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

Sector 

Garbage type 

Dunnage Paper Ground paper 

Cruise Lines .................................... Current practice ............................ Current practice ............................ Current practice. 

Commercial Fishing Vessels ........... Not relevant to this sector ............ Current practice ............................ Not relevant to this sector. 

Other Commercial Vessels ............. Current practice and inspections Current practice and inspections Current practice and inspections. 

Recreation vessels .......................... Not relevant to this sector ............ Current practice and education 

programs.

Not relevant to this 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. 

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 


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6American Waterways Operators, http:// 

www.americanwaterways.com/commitment_safety/ 

RCP.pdf. 

7 International Maritime Organization, http:// 

www.imo.org/ourwork/humanelement/ 

safetymanagement/pages/ismcode.aspx. 

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. 

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 § 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.’’ 

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 


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8BoatU.S. Foundation, http://www.boatus.com/ 

foundation/cleanwater/stashtrash.asp. 

9U.S. Power Squadron, http://www.usps.org/ 

national/envcom/. 

10Association of Marina Industries, http:// 

marinaassociation.org/government/clean-marina. 

11State of Florida, http://www.dep.state.fl.us/ 

cleanmarina/. 

12State of Louisiana, http://dnr.louisiana.gov 

(enter clean marinas in the search tool). 

13State of Texas, http://www.cleanmarinas.org/. 

14American Boating Association, http:// 

www.americanboating.org/clean.asp. 

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: 

• 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

• 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

• 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. 

• 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

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). 


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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 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 alreadyexisting 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 

■ 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 

§ 151.53 [Amended] 

■ 2. Amend § 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.’’ 

■ 3. Revise Appendix A to §§ 151.51 

through 151.77 to read as follows: 

Appendix A to §§ 151.51 Through 

151.77—Summary of Garbage 

Discharge Restrictions 


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19544 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

Garbage type 

All vessels except fixed or floating platforms and associated vessels Fixed or floating 

platforms & 

assoc. vessels 3

(33 CFR 151.73) 

Outside special areas 

(33 CFR 151.69) 

In special areas 2

(33 CFR 151.71) 

Plastics—includes synthetic ropes 

and fishing nets and plastic bags.

Disposal prohibited (33 CFR 

151.67).

Disposal prohibited (33 CFR 

151.67).

Disposal prohibited (33 CFR 

151.67). 

Dunnage, lining and packing materials that float.Disposal prohibited less than 25 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited (33 CFR 

151.71)..

Disposal prohibited. 

Paper, rags, glass, metal bottles, 

crockery and similar refuse.

Disposal prohibited less than 12 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited (33 CFR 

151.71).

Disposal prohibited. 

Paper, rags, glass, etc. comminuted 

or ground 1.

Disposal prohibited less than 3 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited (33 CFR 

151.71).

Disposal prohibited. 

Victual waste not comminuted or 

ground.

Disposal prohibited less than 12 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited less than 12 

miles from nearest land.

Disposal prohibited. 

Victual waste comminuted or 

ground 1.

Disposal prohibited less than 3 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited less than 12 

miles from nearest land, except 

in the Wider Caribbean Region 

special area, where disposal is 

prohibited less than 3 miles 

from nearest land.

Disposal prohibited less than 12 

miles from nearest land and in 

the navigable waters of the 

U.S. 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0254] 

RIN 1625–AA11 

Regulated Navigation Area, Zidell 

Waterfront Property, Willamette River, 

OR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) at the Zidell Waterfront 

Property located on the Willamette 

River in Portland, Oregon. This RNA is 

necessary to preserve the integrity of an 

engineered sediment cap as part of an 

Oregon Department of Environmental 

Quality (DEQ) required remedial action. 

This RNA will prohibit activities that 

could disturb or damage the engineered 

sediment cap. 

DATES: This rule is effective May 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–2011–0254 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0254 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email BM1 Silvestre Suga III, Waterways 

Management Division, Coast Guard 

Sector Columbia River, telephone 503– 

240–9319, email 

Silvestre.G.Suga@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 8, 2011, we published a 

notice of proposed rulemaking (NPRM) 

titled Regulated Navigation Area, Zidell 

Waterfront Property, Willamette River, 

OR, in the Federal Register (76 FR 

48070). We received no comments on 

the proposed rule. There were no 

requests made for a public meeting 

regarding this rule and none were held. 

No other documents have been 

published for this rulemaking. 

Basis and Purpose 

The Zidell Waterfront Property is 

placing an engineered sediment cap 

over contaminated sediments adjacent 

to the west bank of the Willamette River 

between approximate river miles 13.5 

and 14.2 as part of an Oregon 

Department of Environmental Quality 

(DEQ) required remedial action. 

Geographically this location starts at 

approximately the west bank of the 

Marquam Bridge and continues 

southerly, along the west bank of the 

Willamette River to the North end of 

Ross Island. 

The engineered sediment cap is 

designed to be compatible with normal 

port operations, but could be damaged 

by other maritime activities including 

anchoring, dragging, dredging, 

grounding of large vessels, deployment 

of barge spuds, etc. Such damage could 

disrupt the function or impact the 

effectiveness of the cap to contain the 

underlying contaminated sediment and 

shoreline soil in these areas. As such, 


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