[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Rules and Regulations]
[Pages 18043-18046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9388]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[CGD 97-015]
RIN 2115-AF43


Antarctic Treaty Environmental Protection Protocol

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is establishing 
regulations to implement the Antarctic Science, Tourism, and 
Conservation Act of 1996. These regulations should guide U.S. owned 
and/or operated vessels to properly prepare for voyages in the 
Antarctic. This rule will harmonize U.S. regulations with international 
standards, and improve preparedness to respond to a spill.

DATES: This rule is effective on September 30, 1997, unless the Coast 
Guard receives written adverse comments or written notice of intent to 
submit adverse comments on or before June 30, 1997. If the effective 
date of this action is delayed due to adverse comments, timely notice 
will be published in the Federal Register.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 97-015), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
LCDR Ray Perry, Project Manager, Office of Environmental Standards (G-
MSO), telephone (202) 267-2714.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Any comments must identify the name and address of the person 
submitting the comment, specify the rulemaking docket (CGD 97-015) and 
the specific section of this rule to which each comment applies, and 
give the reason for each specific comment. Please submit two copies of 
all comments and attachments in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. Persons 
wanting acknowledgment of receipt of comments should enclose stamped, 
self-addressed postcards or envelopes.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comments or any written notice of intent 
to submit adverse comment are received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, at least 30 days prior to the effective date, the Coast 
Guard will publish a notice in the Federal Register stating that no 
adverse comment was received and confirming that this rule will become 
effective as scheduled. However, if the Coast Guard receives written 
adverse comment or written notice of intent to submit adverse comment, 
the Coast Guard will publish a notice in the final rule section of the 
Federal Register to announce withdrawal of all or part of this direct 
final rule. If adverse comments apply to only part of this rule, and it 
is possible to remove that part without defeating the purpose of this 
rule, the Coast Guard may adopt as final those parts of this rule on 
which no adverse comments were received. The part of this rule that was 
the subject of adverse comment will be withdrawn. If the Coast Guard 
decides to proceed with a rulemaking following receipt of adverse 
comments, a separate Notice of Proposed Rulemaking (NPRM) will be 
published and a new opportunity for comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change. A comment that requests additional rulemaking on this 
or another subject will not be treated as ``adverse.''

Background and Purpose

    On October 2, 1996, the Antarctic Science, Tourism, and 
Conservation Act of 1996 became law (Pub. L. 104-227). This Act 
implements the Protocol on Environmental Protection to the Antarctic 
Treaty done at Madrid on October 4, 1991 (30 I.L.M. 1455). The Act 
authorizes three agencies to issue implementing regulations: The 
National Science Foundation (NSF), the EPA, and the Coast Guard. The 
Coast Guard is issuing this rule with the concurrence of the NSF in 
accordance with the Act. The Coast Guard may issue such regulations as 
are necessary and appropriate to implement Annex IV to the Protocol and 
Article 15 of the Protocol with respect to vessels. Annex IV to the 
Protocol, Prevention of Marine Pollution, resembles in many respects 
MARPOL 73/78. Article 15 of the Protocol, Emergency Response Action, 
requires that each party provide for prompt and effective response 
actions to such emergencies as might arise from activities in the 
Antarctic, and the establishment of contingency plans for response to 
incidents with potential adverse effects on the Antarctic environment. 
For the most part, the requirements under the Protocol are already 
implemented in the U.S. under the Act to Prevent Pollution from Ships 
(33 U.S.C. 1901, et seq.). However, two gaps between the existing 
regulations and the statutory requirements of the Act exist and are 
addressed in this rulemaking.

Discussion of Rules

    These rules will require owners and operators of vessels under U.S. 
jurisdiction and operating in the waters below 60 degrees south 
latitude to comply with standards specified in the Protocol regarding 
sewage, and to amend their shipboard oil pollution emergency plans 
(SOPEP) to indicate the need to contact Antarctic stations that might 
be affected. This rule reflects international requirements under the 
Protocol. Changes to 33 CFR 151.26 would implement the provisions of 
Article 15 of the Protocol addressing response to pollution from 
vessels. A new section 151.79 is added to implement the provisions of 
Annex IV of the Protocol addressing prevention of pollution by sewage 
from vessels.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of

[[Page 18044]]

Executive Order 12866 and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that order. It has not been 
reviewed by the Office of Management and Budget under that order. It is 
not significant under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This rule 
will affect approximately 23 vessels, all of which are greater than 400 
gross tons.

Industry Costs

    Regulations (33 CFR 151.26) already require SOPEP. Vessel owners 
and operators will face additional costs associated with amending their 
SOPEP for each vessel. The amount of cost incurred will vary depending 
on whether the vessel has a SOPEP currently developed. For 1997, there 
are approximately 13 privately owned vessels operating in Antarctica 
that would be addressed under these regulations. All 13 vessels are 
flagged from states requiring SOPEP. The amendments that need to be 
incorporated into a vessel's current SOPEP will be approximately 5 to 
10 pages. It has been assumed that it will take no more than 5 days to 
write the amendments. The price per page of these additions is 
approximately $100 to $140 ($35/hr.*40hr./week)/10), with minimal 
additional photocopying expenses to provide duplicate copies to the 
appropriate people. Therefore, the estimated total cost for 
incorporating the new SOPEP amendments ranges from $500 to $1,400 per 
plan.
    The SOPEP amendments do not require equipment to be carried. They 
simply require vessel owners to develop plans for a prompt and 
effective response to emergencies which might arise in the performance 
of their vessel activities in Antarctica. However, for the purpose of 
this estimate, the Coast Guard assumes that each vessel complying with 
the SOPEP amendments would most likely choose to carry one of the 
following:

------------------------------------------------------------------------
                                                                Cost per
                             Item                               vessel *
------------------------------------------------------------------------
1. 200 feet of sorbent boom...................................      $782
2. 2 cases of sorbent pillows (approx. 50 pillows)............       144
3. 200 feet of sorbent sweeps (approx. 30 lbs.)...............       136
4. 3 bags of geniesorb oil sorbent (approx. 120 lbs.).........        60
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* All costs are based on: 1995 World Catalog of Oil Spill Response      
  Products, 5<SUP>th Edition. These costs are purely optional and therefore  
  have not been added to the estimated total industrial cost.           

Government Costs

    The Government will incur costs associated with the inclusion of 
public vessels in this rule. An agency whose public vessels travel to 
Antarctica will now also be required to develop a plan or update its 
vessels' current plan to reflect the new amendments. There are 
approximately 10 publicly owned vessels that operate in Antarctica 
during any one season. It is estimated that it will take no more than 
15 days to create a plan from scratch. The total length of the plan 
(including the new amendments) should range from 15 to 30 pages. 
However, if the public vessel is only incorporating the new amendments 
to an existing plan, only approximately 5 to 10 pages of additional 
text would be expected. The price per page of text is approximately 
$100 to $140 (($35/hr. * 40hr./week) /10), with minimal additional 
copying expenses to provide duplicate copies to the appropriate people. 
Therefore, the estimated total cost for creating a new plan would range 
from $1,500 to $4,200 per plan. The estimated cost for incorporating 
the amendments to the preexisting plans ranges from $500 to $1,400 per 
plan.
    These amendments do not require equipment to be carried. They 
simply require vessel owners to develop plans for a prompt and 
effective response emergencies which arise in the performance of their 
vessel activities in Antarctica. However, for the purpose of this 
estimate, the Coast Guard assumes that each vessel complying with the 
amendments would most likely choose to carry one of the following:

------------------------------------------------------------------------
                                                                Cost per
                             Item                               vessel *
------------------------------------------------------------------------
1. 200 feet of sorbent boom...................................      $782
2. 2 cases of sorbent pillows (approx. 50 pillows)............       144
3. 200 feet of sorbent sweeps (approx. 30 lbs.)...............       136
4. 3 bags of geniesorb oil sorbent (approx. 120 lbs.).........        60
------------------------------------------------------------------------
* All costs are based on: 1995 World Catalog of Oil Spill Response      
  Products, 5<SUP>th Edition. These costs are purely optional and therefore  
  have not been added to the estimated total government cost.           

Industry and Government Costs and Benefits

    The total cost of this rule will depend on the number of plans 
developed to comply with this rulemaking. However, to satisfy every 
requirement the total cost of this DFR will still not exceed $60,200 
(see table below).

------------------------------------------------------------------------
                                                       Number           
                     Total cost                          of     Cost per
                                                       vessels    plan  
------------------------------------------------------------------------
Industry Cost.......................................        13    $1,400
Government Cost.....................................        10   **4,200
Total Industry Cost: (13*$1,400)=$18,200                                
Total Government Cost: (10*$4,200) = $42,000                            
Total Cost: $60,200                                                     
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** This number represents the cost to originate a plan where no plan    
  currently exists.                                                     

    The primary benefit of this rulemaking is to harmonize U.S. 
regulations with international standards.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C.601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard intends to implement the Protocol without dictating 
prescriptive requirements. All 13 privately owned vessels operating in 
Antarctica in 1995 and impacted by this rulemaking are small entities. 
The Coast Guard anticipates all privately owned vessels impacted will 
be small entities, and that they will meet the intent of these 
requirements without incurring a significant cost or bearing a 
competitive disadvantage. On this factual basis, the Coast Guard finds 
that this rule will not have a significant economic impact on a 
substantial number of small entities. Any comments submitted in 
response to this finding will be evaluated under the criteria described 
earlier in the preamble for comments.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121, the Coast Guard will 
provide assistance to small entities to determine how this rule applies 
to them. If you are a small business and need assistance understanding 
the provisions of this rule, please contact

[[Page 18045]]

LCDR Ray Perry, Project Manager, Officer of Environmental Standards (G-
MSO), telephone (202) 267-2714.

Collection of Information

    This rule contains no new collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). However, 
owners and operators of privately owned vessels will incur an 
additional collection of information burden in amending their existing 
SOPEP. The total increase in burden hours over those previously 
approved by OMB under collection approval 2115-0595 will depend on the 
number of vessels operating in the Antarctic region. However, the 
additional burden hours will be relatively small, and are not dependent 
on the number of vessels each company owns since one plan can cover 
numerous vessels. The amount of time needed to update a SOPEP to meet 
the new requirements could be as minimal as 8 person hours.

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e(34) (a) and (d) of 
Commandant Instruction M16475.lB. (as revised by 59 FR 38654, July 29, 
1994), this rule is categorically excluded from further environmental 
documentation. This rulemaking is intended to align existing 
regulations with the statutory requirements which address pollution 
from vessels and responses to pollution incidents. Based on the 
available data, this rulemaking is not expected to have a significant 
impact on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying 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, 
Sewage disposal, Vessels.

    For the reasons set out 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 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321(j)(1)(C) and 1903(b); Pub. L. 104-227 
(110 Stat. 3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.

    2. The heading to subpart A is revised to read as follows:

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. 151.01  [Amended]

    3. In Sec. 151.01, at the end of the paragraph preceding the note, 
add the sentence ``This subpart also implements the Antarctic Science, 
Tourism, and Conservation Act of 1996, and the Protocol on 
Environmental Protection to the Antarctic Treaty done at Madrid on 
October 4, 1991.''


Sec. 151.03  [Amended]

    4. In Sec. 151.03, at the end before the period, add the phrase 
``unless otherwise indicated.''
    5. Section 151.05 is amended by adding the following definition in 
alphabetical order to read as follows:


Sec. 151.05  Definitions.

* * * * *
    Antarctica means the area south of 60 degrees south latitude.
* * * * *
    6. In Sec. 151.09, add a new paragraph(e), to read as follows:
* * * * *
    (e) Section 151.26(b)(5) applies to all vessels subject to the 
jurisdiction of the United States and operating in Antarctica.
    7. In Sec. 151.26, paragraph(b)(1)(i), introductory text, is 
revised, paragraph(b)(3)(iii)(C) is added, and paragraph(b)(5) is 
revised to read as follows:


Sec. 151.26  Shipboard oil pollution emergency plans.

* * * * *
    (b) * * *
    (1) * * *
    (i) Introductory text. The introductory text of the plan must 
contain the following language (For ships operating in Antarctica, the 
introductory text of the plan must contain the following language and 
explain that they are in accordance with the Protocol on Environmental 
Protection to the Antarctic Treaty):
* * * * *
    (3) * * *
    (iii) * * *
    (C) For Antarctica, in addition to compliance with paragraph 
(b)(3)(iii)(B) of this section, reports shall also be directed to any 
Antarctic station that may be affected.
* * * * *
    (5) National and Local Coordination.
    (i) This section of the plan must contain information to assist the 
master in initiating action by the coastal State, local government, or 
other involved parties. This information must include guidance to 
assist the master with organizing a response to the incident should a 
response not be organized by the shore authorities. Detailed 
information for specific areas may be included as appendices to the 
plan.
    (ii) For Antarctica, a vessel owner or operator must include a plan 
for prompt and effective response action to such emergencies as might 
arise in the performance of its vessel's activities.
    (iii) To comply with paragraph (b)(5)(ii) of this section, an 
agency of the United States government may promulgate a directive 
providing for prompt and effective response by the agency's public 
vessels operating in Antarctica.
* * * * *
    8. The sub-heading, ``GARBAGE POLLUTION'' under subpart A is 
revised to read as follows:

GARBAGE POLLUTION AND SEWAGE

    9. New Sec. 151.79 is added to read as follows:


Sec. 151.79  Operating requirements: Discharge of sewage within 
Antarctica.

    (a) A vessel certified to carry more than 10 persons must not 
discharge untreated sewage into the sea within 12 nautical miles of 
Antarctic land or ice shelves; beyond such distance, sewage stored in a 
holding tank must not be discharged instantaneously but at a moderate 
rate and, where practicable, while the ship is en route at a speed of 
no less than 4 knots. For purposes of this section, ``sewage'' means:
    (1) Drainage and other wastes from any form of toilets, urinals, 
and WC scuppers;
    (2) Drainage from medical premises (dispensary, sick bay, etc.) via 
wash basins, wash tubs, and scuppers located in such premises;
    (3) Drainage from spaces containing living animals; or
    (4) Other waste waters when mixed with the drainages defined above.
    (b) Paragraph (a) of this section does not apply to a warship, 
naval auxiliary,

[[Page 18046]]

or other ship owned or operated by the United States and used only in 
government non-commercial service.
    (c) Paragraph (a) of this section does not apply in cases of an 
emergency relating to the safety of a ship and those on board or saving 
life at sea. Notice of an activity, otherwise prohibited under 
paragraph (a) of this section, undertaken in case of an emergency shall 
be reported immediately to the National Response Center (NRC) toll free 
number 800-424-8802.

    Dated: April 4, 1997.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 97-9388 Filed 4-11-97; 8:45 am]
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