43374 Federal Register / Vol. 60, No. 161 / Monday, August 21, 1995 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are Mr.

John Wachter, project officer, and LT

Elisa Holland, project attorney.

Regulatory History

On December 13, 1994, the Coast

Guard published a notice of proposed

rulemaking entitled Drawbridge

Operation Regulation; Lafourche Bayou,

LA, in the Federal Register (59 FR

64178). The Coast Guard received nine

letters commenting on the proposal. No

public hearing was requested, and none

was held.

Background and Purpose

The Greater Lafourche Port

Commission (GLPC), requested the 2 to

3 p.m. and the 4:30 to 5:30 p.m.

closures, Monday through Friday, other

than Federal holidays in order to

provide relief to school bus traffic and

other vehicular traffic that crosses the

bridges during peak hours of land traffic

congestion.

Data provided by GLPC, shows that

from August 1993 through August 1994

(the most recent counts available), the

number of vessels that passed the

bridges totaled 1141. This breaks down

to approximately 95 vessels per month,

or 3.1 vessels per day.

During the closure periods, 1530

vehicles per day cross the GallianoTarpon bridge and 865 vehicles per day

cross the Cote Blanch bridge. These

closures will provide relief to severely

congested vehicular traffic, while still

serving the reasonable needs of

navigational interests.

Discussion of Comments and Changes

Nine letters of comment were

received in response to Public Notice

CGD8–02–95 issued on January 31,

1995. The Federal Emergency

Management Agency, the National

Marine Fisheries Service, the Lafourche

Parish Council, the Kansas City

Southern Railway Company, a private

individual, the Federal Emergency

Management Agency and the Chamber

of Commerce of Lafourche and the

Bayou Region, Inc., all expressed

support for or no objection to the

proposed rule. Two letters were

received that offered objections to the

proposal. Bollinger Marine and a private

individual opposed the proposed rule

on the grounds that the bridges were not

equipped with VHF radios. The bridges

are now equipped with VHF Radios and

Bollinger Marine has written a letter

withdrawing its opposition. The private

citizen also questioned the increase in

vehicular traffic in recent years. The

increase in vehicular traffic is due to the

opening of LA 3235, six years ago. Now

LA 1, LA 308 and LA 3235 all meet at

the South Lafourche bridge. In addition,

the amount of vehicular traffic has

increased due to the expansion of Port

Fourchon, the opening of a new SuperWalmart, and numerous other new

businesses in the area. As there has been

an increase in vehicular traffic, the

change in the drawbridge operating

regulations are necessary and the Final

Rule remains unchanged from the

proposed rule.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential cost

and benefits under section 6a(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).

Small Entities

The economic impact has been found

to be so minimal that a full regulatory

evaluation is unnecessary. The basis for

this conclusion is the number of vessels

which pass the bridge, (3.1) per day.

The two comments received offering

objection to the proposed rule have been

resolved. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the final rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

This rulemaking has been thoroughly

reviewed by the Coast Guard and it has

been determined to be categorically

excluded from further environmental

documentation in accordance with

section 2.B.2.g.5 of Commandant

Instruction M16475.1B. A Categorical

Exclusion Determination statement has

been prepared and placed in the

rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations: In consideration of the

foregoing, part 117 of title 33, Code of

Federal Regulations, is amended as

follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1g; Section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.465 paragraphs (a)

through (e) are redesignated as (b)

through (f) and a new paragraph (a) is

added to read as follows:

§ 117.465 Lafourche Bayou.

(a) The draws of the SR1 bridge, mile

30.6 and the SR1 bridge, mile 33.9, both

near Cutoff, shall open on signal; except

that, from 2 p.m. to 3 p.m. and from 4:30

p.m. to 5:30 p.m. Monday through

Friday except Federal holidays, the

draws need not be opened for the

passage of vessels.

* * * * *

Dated: August 7, 1995.

C.B. Newlin,

Captain, U.S. Coast Guard, Commander, 8th

Coast Guard Dist., Acting.

[FR Doc. 95–20615 Filed 8–18–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Parts 151 and 155

[CGD 94–056]

RIN 2115–AE97

IMO Special Areas

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is issuing

regulations to designate the Antarctic

area as a special area under Annexes I

(oil), II (noxious liquid substances), and

V (ship-generated garbage) of the

International Convention for the

Prevention of Pollution from Ships,

1973, as modified by the Protocol of

1978, as amended (MARPOL 73/78).

The Coast Guard also is issuing

regulations designating the Gulf of Aden

as a special area under Annex I of

MARPOL 73/78; the Baltic Sea area, the

Black Sea area, and the Antarctic area as

special areas under Annex II of

MARPOL 73/78; and the Wider

Caribbean region as a special area under
Federal Register / Vol. 60, No. 161 / Monday, August 21, 1995 / Rules and Regulations 43375

Annex V of MARPOL 73/78. The

purpose of this rulemaking is to

implement amendments to MARPOL

73/78 for special areas.

EFFECTIVE DATE: November 20, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406)

(CGD 94–056), U.S. Coast Guard

Headquarters, 2100 Second Street, SW.,

room 3406, Washington, DC 20593–

0001 between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (202)

267–1477.

FOR FURTHER INFORMATION CONTACT:

LCDR Ray Perry, Policy Contact,

Environmental Standards Branch (G–

MOS–4), (202) 267–2714.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Marcia K.

Landman, Project Manager, Oil

Pollution Act (OPA 90) Staff (G–MS),

and Jacqueline L. Sullivan, Project

Counsel, Office of the Chief Counsel.

Regulatory History

Because the MARPOL amendments

establishing the Gulf of Aden, the Wider

Caribbean Region, the Baltic Sea, the

Black Sea, and Antarctic special areas

have already been adopted and are

effective for all party states, including

the United States, the Coast Guard has

determined under the Administrative

Procedure Act (5 U.S.C. 553(b)) that

there is good cause for issuing this final

rule without publishing a notice of

proposed rule making (NPRM). Further,

with reference to the designation of

certain special areas under MARPOL

73/78, an opportunity for public

comment was provided during a June

26, 1991 open meeting of the

Subcommittee for the Prevention of

Marine Pollution, Shipping

Coordinating Committee. Notice of this

meeting was published in the May 31,

1991 edition of the Federal Register (56

FR 24868).

Background and Purpose

MARPOL 73/78

The Act to Prevent Pollution from

Ships [33 U.S.C. 1901, et. seq.] (the Act)

both authorizes the issuance of

regulations to implement Annexes I, II,

and V of the International Convention

for the Prevention of Pollution from

Ships, 1973, as modified by the Protocol

of 1978, as amended (MARPOL 73/78)

and requires compliance with MARPOL

73/78, the Act, and regulations issued

thereunder. Annex I of MARPOL 73/78

is entitled ‘‘Regulations for the

Prevention of Pollution by Oil’’ and is

designed to prevent the discharge of oil

into the marine environment. MARPOL

73/78 defines oil as petroleum in any

form, including crude oil, fuel oil,

sludge, oil refuse and refined products;

it does not include animal or vegetable

based oil or noxious liquid substances

(NLSs). Annex II of MARPOL 73/78 is

entitled ‘‘Regulations for the Control of

Pollution by Noxious Liquid Substances

in Bulk’’ and is designed to prevent the

discharge of NLSs carried in bulk into

the marine environment. These bulk

liquid chemicals are designated in

Appendix II to Annex II of MARPOL 73/

78. Annex V of MARPOL 73/78 is

entitled ‘‘Regulations for the Prevention

of Pollution by Garbage from Ships’’ and

is designed to prevent the discharge of

ship-generated garbage into the marine

environment. Garbage means all kinds

of victual, domestic, and operational

waste, excluding fish and parts thereof,

generated during the normal operation

of the ship and liable to be disposed of

continuously or periodically. Annexes I,

II, and V have discharge restrictions for

designated special areas.

Amendments to Annexes I and V of

MARPOL 73/78 were adopted at the

30th and 31st sessions of the Marine

Environment Protection Committee

(MEPC) of the International Maritime

Organization (IMO). The amendments

designating the Antarctic area as a

special area under Annexes I and V of

MARPOL 73/78 were adopted by the

MEPC on November 16, 1990 by

Resolution MEPC.42(30). They entered

into force for party States, including the

United States, on March 17, 1992.

Resolution MEPC.42(30) required that

the designation of the Antarctic as a

special area take effect on the day the

amendments entered into force to

ensure timely and adequate protection

of the area.

Amendments to Annex II of MARPOL

73/78 were adopted at the 33rd session

of the MEPC. The amendment

designating the Antarctic area as a

special area under Annex II was

adopted by the MEPC on October 30,

1992 by Resolution MEPC.57(33). This

amendment became effective on July 1,

1994 for countries party to MARPOL 73/

78.

The Annex II amendments

designating the Antarctic area as a

special area contain a prohibition on

discharging any NLS into the sea.

Unlike the Antarctic special area

provisions of Annexes I and V, the

provisions of Annex II do not

specifically require the Government of

each Party to MARPOL 73/78, at whose

ports ships depart en route to or arrive

from the Antarctic area, undertake to

ensure that as soon as practicable

adequate facilities are provided for the

reception of all substances prohibited

for discharge at sea. The Baltic Sea area

and Black Sea area were designated as

special areas when Annex II of

MARPOL 73/78 entered into force on

April 6, 1987.

The amendments designating the Gulf

of Aden as a special area under Annex

I were adopted by the MEPC on

December 1, 1987 by Resolution

MEPC.29(25). They were subsequently

accepted on October 1, 1988 and

entered into force on April 1, 1989. The

amendments designating the Wider

Caribbean region as a special area under

Annex V were adopted by the MEPC on

July 4, 1991 by Resolution MEPC.48(31).

They were subsequently accepted on

October 4, 1992 and entered into force

for party States on April 4, 1993. The

Gulf of Aden special area under Annex

I and the Wider Caribbean special area

under Annex V are not yet enforceable

due to a lack of adequate reception

facilities in states party to MARPOL 73/

78 bordering these special areas.

The MEPC adopted additional

amendments to Annex I of MARPOL 73/

78 at its 32nd session. The amendments

revised Regulation 21 of Annex I to

MARPOL 73/78, prohibiting the

discharge of oil in special areas from

fixed or floating platforms. Resolution

MEPC.51(32) was adopted on March 6,

1992, accepted on January 6, 1993, and

entered into force on July 6, 1993.

Special Areas

1. General

The term ‘‘special area’’ means a sea

area where, for recognized technical

reasons in relation to its oceanographic

and ecological condition and to the

particular character of its traffic, the

adoption of special mandatory methods

for the prevention of sea pollution by

oil, NLSs, or garbage is required. Special

areas are bodies of water which require

additional protections beyond the

normal discharge requirements. Special

areas for purposes of Annex I of

MARPOL 73/78 are listed in 33 CFR

151.13 and for the purposes of Annex V

of MARPOL 73/78 are listed in 33 CFR

151.53 and 151.71. Special areas for

purposes of Annex II are currently not

listed in 33 CFR part 151. Annex II

special areas discharge restrictions are

enforceable under 46 CFR 153.903.

2. The Antarctic Area

MARPOL 73/78, and Annexes I, II,

and V, define the Antarctic area to mean
43376 Federal Register / Vol. 60, No. 161 / Monday, August 21, 1995 / Rules and Regulations

the sea area south of 60° south latitude.

This boundary has been established by

the Antarctic Treaty and the Convention

on Antarctic Marine Living Resources.

In respect to the Antarctic area,

MARPOL 73/78 requires that any

discharge into the sea of oil wastes or

garbage from any ship shall be

prohibited.

The amendments designating the

Antarctic area as a special area under

Annexes I and V of MARPOL 73/78 do

not call for the establishment of waste

reception facilities within the special

area as is mandated in other special

areas under these annexes of MARPOL

73/78. At the 15th Antarctic Treaty

Consultative Meeting of October 1989, it

was agreed that waste reception

facilities within the Antarctic special

area would be unacceptable because the

existence of such facilities would

involve problems associated with

ultimate disposal of the wastes within

the area. It was agreed that there should

be no discharge of oily residues and

mixtures or garbage in the Antarctic area

either ashore or into the sea. All waste

should instead be removed, where

possible, from the special area.

The amendments to Annex I and

Annex V placed the primary obligation

on flag states whose ships enter the

Antarctic area to ensure that adequate

reception facilities are provided.

MARPOL 73/78 requires that flag states

ensure that all ships entitled to fly their

flag, before entering the Antarctic area,

have sufficient capacity on board for all

oily wastes and garbage while operating

in the area and have concluded

arrangements to discharge such garbage

at a reception facility after leaving the

area.

Requirements are already in place in

the United States to enforce MARPOL

73/78 discharge restrictions for oil and

garbage. 33 CFR 151.25 requires the

master or other person having charge of

a ship to maintain an oil record book on

board and record oil discharges made.

This oil record book is required on

board oil tankers of 150 gross tons, ships

of 400 gross tons or more, and manned

fixed or floating platforms. In addition,

§ 151.55 requires that all manned,

oceangoing U.S. ships that are 12.2

meters or more in length and that are

engaged in commerce keep records of

garbage discharges and disposals.

Likewise, all fixed or floating platforms

subject to the jurisdiction of the United

States must keep such records as well.

Log entries indicating discharge

operations may be considered by

enforcement personnel in evaluating

compliance with MARPOL 73/78

discharge restrictions in the Antarctic

area. These records provide a means of

verifying that oil and garbage have been

disposed of properly by U.S. ships.

3. Gulf of Aden Area

Annex I of MARPOL 73/78 defines

the Gulf of Aden area to mean that part

of the Gulf of Aden between the Red Sea

and the Arabian Sea bounded to the

west by the rhumb line between Ras si

Ane (12°28.5′ N, 43°19.6′ E) and Husn

Murad (12°40.4′ N, 43°30.2′ E) and to

the east by the rhumb line between Ras

Asir (11°50′ N, 51°16.9′ E) and the Ras

Fartak (15°35′ N, 52°13.8′ E). The

discharge requirements for the Gulf of

Aden special area will become effective

once each party to MARPOL 73/78

whose coastline borders the special area

certifies that reception facilities are

available and the IMO establishes an

effective date.

4. Wider Caribbean Region

Annex V of MARPOL 73/78 defines

the Wider Caribbean region to mean the

Gulf of Mexico and Caribbean Sea

proper, including the bays and seas

therein. This region includes that

portion of the Atlantic Ocean within the

boundary constituted by the 30° N

parallel from Florida eastward to 77°30′

W meridian, thence a rhumb line to the

intersection of 20° N parallel and 59° W

meridian, thence a rhumb line to the

intersection of 7°20′ N parallel and 50°

W meridian, thence a rhumb line drawn

southwesterly to the eastern boundary

of French Guiana.

The MEPC established a different

standard for the discharge of victual

waste for the Wider Caribbean region

than other special areas. Annex V

requires that disposal into the sea of

victual wastes be made as far out as

practicable, but not less than 12 nautical

miles from the nearest land. An

additional provision requires disposal of

victual wastes which have passed

through a comminuter or grinder to be

made as far as practicable from land, but

in any case not less than 3 nautical

miles from the nearest land. Such

victual wastes should be capable of

passing through a screen with openings

no greater than 25 millimeters. These

discharge requirements will become

effective for the Wider Caribbean region

special area once each party to

MARPOL 73/78 whose coastline borders

the special area certifies that reception

facilities are available and the IMO

establishes an effective date.

Discussion of Final Rule

The Coast Guard and the MEPC have

determined that the amendments fully

conform to the purpose, spirit, and

intent of MARPOL 73/78. This final rule

is amending existing regulations in 33

CFR part 151 to incorporate the

provisions of these amendments to

MARPOL 73/78. This final rule is

adding the geographic description of all

special areas in new § 151.06. Discharge

requirements for the various special

areas are contained in §§ 151.13, 151.32.

151.53, 151.71, and 155.400. New

§ 151.32 to 33 CFR part 151 describes

the Annex II special areas currently

enforceable under 46 CFR 153.903.

Other minor changes have been made to

clarify which MARPOL 73/78

requirements for special areas are in

effect in the United States for U.S. flag

vessels.

Sections 151.13, 151.32, and 151.53

have been amended to clarify that the

discharge restrictions will not go into

effect until a sufficient number of states

bordering certain special areas have

notified the IMO that reception facilities

are available.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

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 final rule to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The rule imposes

no new costs on the maritime industry.

It implements requirements for the

designated Antarctic area, the Gulf of

Aden, the Baltic Sea area, the Black Sea

area, and the Wider Caribbean region as

special areas under MARPOL 73/78 for

oil and NLSs.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this final rule

would have a significant economic

impact on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their field and (2)

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard expects that few new

costs will be associated with this rule

because few small entities operate in the

areas being designated as special areas

except in the Wider Caribbean Area. In

addition, regardless of whether these
Federal Register / Vol. 60, No. 161 / Monday, August 21, 1995 / Rules and Regulations 43377

regulations are codified in the U.S. Code

of Federal Regulations, the MARPOL

designation of the special areas will be

applicable to all vessels operating in

these areas. The Coast Guard expects the

impact of this final rule to be minimal.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.)

that this rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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

of Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

This rule is expected to contribute to the

reduction of the occurrence of shipgenerated oil spills in the marine

environment. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects

33 CFR Part 151

Administrative practice and

procedure, Oil pollution, Penalties,

Reporting and recordkeeping

requirements, Water pollution control.

33 CFR Part 155

Oil pollution, Reporting and

recordkeeping requirements.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR parts 151 and 155 as follows:

PART 151—VESSELS CARRYING OIL,

NOXIOUS LIQUID SUBSTANCES,

GARBAGE, MUNICIPAL OR

COMMERCIAL WASTE, AND BALLAST

WATER

Subpart A—Implementation of

MARPOL 73/78

1. The authority citation for part 151,

subpart A, is revised to read as follows:

Authority: 33 U.S.C. 1321(j)(1)(C) and

1903(b); E.O. 12777, 3 CFR, 1991 Comp. p.

351; 49 CFR 1.46.

2. In § 151.05, the definition of

‘‘special area’’ is revised to read as

follows:

§ 151.05 Definitions.

* * * * *

Special area means a sea area, where

for recognized technical reasons in

relation to its oceanographical and

ecological condition and to the

particular character of the traffic, the

adoption of special mandatory methods

for the prevention of sea pollution by

oil, NLSs, or garbage is required.

* * * * *

3. Section 151.06 is added to read as

follows:

§ 151.06 Special areas.

(a) For the purposes of this part, the

navigational descriptions of the special

areas are as follows:

(1) The Mediterranean Sea area means

the Mediterranean Sea proper including

the gulfs and seas therein, with the

boundary between the Mediterranean

and the Black Sea constituted by the 41°

N parallel and bounded to the west by

the Straits of Gibraltar at the meridian

of 5°36′ W.

(2) The Baltic Sea means the Baltic

Sea proper with the Gulf of Bothnia, the

Gulf of Finland, and the entrance to the

Baltic Sea bounded by the parallel of the

Skaw in the Skagerrak at 57°44.8′ N.

(3) The Black Sea area means the

Black Sea proper with the boundary

between the Mediterranean Sea and the

Black Sea constituted by the parallel 41°

N.

(4) The Red Sea area means the Red

Sea proper including the Gulfs of Suez

and Aqaba bounded at the south by the

rhumb line between Ras si Ane (12°8.5′

N, 43°19.6′ E) and Husn Murad (12°40.4′

N, 43°30.2′ E).

(5) The Gulfs areas means the sea area

located northwest of the rhumb line

between Ras al Hadd (22°30′ N, 59°48′

E) and Ras al Fasteh (25°04′ N, 61°25′

E).

(6) The Gulf of Aden areas means the

part of the Gulf of Aden between the

Red Sea and the Arabian Sea bounded

to the west by the rhumb line between

Ras si Ane (12°28.5′ N, 43°19.6′ E) and

Husn Murad (12°40.4′ N, 43°30.2′ E) and

to the east by the rhumb line between

Ras Asir (11°50′ N, 51°16.9′ E) and the

Ras Fartak (15°35′ N, 52°13.8′ E).

(7) The Antarctic areas means the sea

south of 60° south latitude.

(8) The North Sea area means the

North Sea proper, including seas within

the North Sea southwards of latitude 62°

N and eastwards of longitude 4° W; the

Skagerrak, the southern limit of which

is determined east of the Skaw by

latitude 57°44.8′ N; and the English

Channel and its approaches eastwards

of longitude 5° W.

(9) The Wider Caribbean region means

the Gulf of Mexico and Caribbean Sea

proper, including the bays and seas

therein and that portion of the Atlantic

Ocean within the boundary constituted

by the 30° N parallel from Florida

eastward to 77°30′ W meridian, thence

a rhumb line to the intersection of 20°

N parallel and 59° W meridian, thence

a rhumb line to the intersection of 7°20′

N parallel and 50° W meridian, thence

a rhumb line drawn southwesterly to

the eastern boundary of French Guiana.

(b) Special areas for the purpose of

Annex I of MARPOL 73/78 include

those referenced in § 151.13. Special

areas for the purposes of Annex II of

MARPOL 73/78 include those

referenced in § 151.32. Special areas for

the purpose of Annex V of MARPOL 73/

78 include those referenced in § 151.53.

4. In § 151.13 (paragraphs (a), (b)(1),

(b)(2) and (b)(3) are revised and

paragraph (h) is added to read as

follows:

§ 151.13 Special Areas for Annex I of

MARPOL 73/78.

(a) For the purposes of §§ 151.09

through 151.25, the special areas are the

Mediterranean Sea area, the Baltic Sea

area, the Black Sea area, the Red Sea

area, the Gulfs area, the Gulf of Aden,

and the Antarctic area which are

described in § 151.06. The discharge

restrictions are effective in the

Mediterranean Sea, Baltic Sea, Black

Sea, and the Antarctic area.

(b) * * *

(1) A ship of 400 gross tons or over

and any oil tanker may not discharge oil

or oily mixture within a special area. In

the Antarctic area, discharge into the sea

of oil or oily mixture from any ship is

prohibited.

(2) A ship of less than 400 gross tons

other than an oil tanker may not

discharge oil or oily mixture within a

special area, unless the oil content of

the effluent without dilution does not

exceed 15 parts per million (ppm).

(3) For the Antarctic area, all ships

must be fitted with a tank or tanks of

sufficient capacity on board for the

retention of all sludge, dirty ballast, tank

washing water, and other oily residues

and mixtures while operating in the area

and must have concluded arrangements

to discharge such oily residues at a

reception facility after leaving the area.

* * * * *

(h) In accordance with paragraph

(7)(b)(iii) of Regulation 10 of Annex I of

MARPOL 73/78, the discharge
43378 Federal Register / Vol. 60, No. 161 / Monday, August 21, 1995 / Rules and Regulations

restrictions in § 151.13 for the Red Sea

area, Gulfs area, and the Gulf of Aden

area will enter into effect when each

party to MARPOL 73/78 whose

coastline borders the special area has

certified that reception facilities are

available and the IMO has established

an effective date for each special area.

Notice of the effective dates for the

discharge requirements in these special

areas will be published in the Federal

Register and reflected in this section.

5. Section 151.32 is added to read as

follows:

§ 151.32 Special areas for the purpose of

Annex II.

(a) For the purposes of §§ 151.30

through 151.49, the special areas are the

Baltic Sea area, the Black Sea area, and

the Antarctic area which are described

in § 151.06. Discharges into the sea of

NLSs or mixtures containing such

substances are prohibited in the

Antarctic area.

(b) In accordance with paragraph

(13)(a) of Regulation 5 of Annex II of

MARPOL 73/78, the discharge

restrictions in § 151.32 for the Baltic Sea

area and the Black Sea area will enter

into effect when each Party to MARPOL

73/78 whose coastline borders the

special area has certified that reception

facilities are available and the IMO has

established an effective date for each

special area. Notice of the effective date

for discharge requirements in these

areas will be published in the Federal

Register and reflected in this section.

6. Section 151.53 is revised to read as

follows:

§ 151.53 Special areas for Annex V of

MARPOL 73/78.

(a) For the purposes of §§ 151.51

through 151.77, the special areas are the

Mediterranean Sea area, the Baltic Sea

area, the Black Sea area, the Red Sea

area, the Gulf areas, the North Sea area,

the Antarctic area, and the Wider

Caribbean region, including the Gulf of

Mexico and the Caribbean Sea which

are described in § 151.06. The discharge

restrictions are effective in the Baltic

Sea, the North Sea, and the Antarctic

area.

(b) In accordance with paragraph

(4)(b) of Regulation 5 of Annex V of

MARPOL 73/78, the discharge

restrictions in § 151.71 for special areas

will enter into effect when each party to

MARPOL 73/78 whose coastline borders

the special area has certified that

reception facilities are available and the

IMO has established an effective date for

each special area. Notice of the effective

dates for the discharge requirements in

each special area will be published in

the Federal Register and reflected in

this section.

7. Section 151.71 is revised to read as

follows:

§ 151.71 Operating requirements:

Discharge of garbage within special areas.

(a) When a ship is located in a special

area referenced in § 151.53 of this part,

no person may discharge garbage from

the ship, except as allowed in paragraph

(b) or (c) in this section.

(b) Except as provided in paragraph

(c) of this section, disposal into the sea

of victual waste must be made as far as

practicable from land but, in any case,

not less than 12 nautical miles from the

nearest land.

(c) Disposal into the Wider Caribbean

region of victual wastes which have

been passed through a comminuter or

grinder shall be made as far as

practicable from land but, in any case,

not less than 3 nautical miles from the

nearest land. Such comminuted or

ground food wastes shall be capable of

passing through a screen with opening

no greater than 25 millimeters.

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

8. The authority citation for part 155

is revised to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715; sec. 2, E.O. 12777, 3 CFR, 1991

Comp., p. 351; 49 CFR 1.46. Sections 155.100

through 155.130, 155.350 through 155.400,

155.430, 155.440, 155,470, 155.1010 through

155.1070 also issued under 33 U.S.C.

1903(b). Sections 155.1110 through 155.1150

also issued under 33 U.S.C. 2735.

8. Section 155.400(b)(2) is revised to

read as follows:

§ 155.400 Platform machinery space

drainage on oceangoing fixed or floating

drilling rigs and other platforms.

(a) * * *

(b) * * *

(1) * * *

(2) Discharge in accordance with

§ 151.10 (b)(3), (b)(4), and (b)(5) of this

chapter, provided the drilling rig or

platform is not within a special area.

* * * * *

Dated August 8, 1995.

G. N. Naccara,

Captain, US. Coast Guard, Acting Chief,

Office of Marine Safety, Security and

Environmental Protection.

[FR Doc. 95– 20618 Filed 8–18–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Sinclair Inlet, Puget Sound, Bremerton,

Washington; Naval Restricted Areas

AGENCY: Army Corps of Engineers, DOD.

ACTION: Interim final rule; request for

comments.

SUMMARY: The Corps is amending the

rules which establish two restricted

areas in the waters of Sinclair Inlet

adjacent to the Puget Sound Naval

Shipyard, Bremerton, Washington. This

action is necessary to safeguard U.S.

Navy vessels and Government facilities

from sabotage and other subversive acts,

accidents, or other incidents of a similar

nature. This action is also necessary to

protect vessels and individuals from the

dangers associated with the industrial

waterfront facilities at the shipyard.

Entry into this zone is prohibited unless

otherwise authorized by these

regulations or the Commander, Naval

Base, Seattle, Washington, or whomever

he/she designates.

DATES: Effective August 21, 1995.

Written comments will be accepted

until October 20, 1995.

ADDRESSES: HQUSACE, CECW–OR,

Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Mr. Jonathan Freedman, Regulatory

Branch, Seattle District at (206) 764–

3495, or Mr. Ralph Eppard, Regulatory

Branch, CECW–OR at (202) 761–1783.

SUPPLEMENTARY INFORMATION: A

restricted area is a defined water area for

the purpose of prohibiting or limiting

public access to an area. Restricted areas

provide security for Government

property and/or protection to the public

from the risks of damage or injury

arising from the Government’s use of

that area. The Corps promulgated

regulations in 33 CFR 334.1240

establishing two restricted areas in the

waters of Sinclair Inlet adjacent to the

Puget Sound Naval Shipyard on

November 28, 1961. A recent court

decision indicates that the restricted

area regulations in 33 CFR 334.1240 are

not sufficient to meet the needs of

national security and public safety.

According to the court decision, the

regulations do not apply to swimmers,

divers and other individuals not

embarked on vessels. In light of the

court decision, the Commanding

Officer, Puget Sound Naval Shipyard

reviewed the physical security and

safety conditions around the shipyards