Implementation of MARPOL Annex V Amendments, 13481-13493 [2013-04616]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13481-13493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04616]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

[Docket No. USCG-2012-1049]
RIN 1625-AB97


Implementation of MARPOL Annex V Amendments

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is publishing an interim rule with request for 
comments to conform regulations to the adopted MARPOL Annex V 
amendments which entered into force on January 1, 2013. The 
International Convention for the Prevention of Pollution from Ships 
(MARPOL) Annex V (Garbage) amendments prohibiting the discharge of 
garbage from vessels unless expressly allowed were adopted by the 
International Maritime Organization's Marine Environmental Protection

[[Page 13482]]

Committee in July 2011 and implemented domestically through the Act to 
Prevent Pollution from Ships. Under this rule, the only allowed 
discharges will be certain food wastes, cargo residues, cleaning agents 
and additives in wash waters, and animal carcasses.

DATES: This interim rule is effective April 1, 2013. Comments and 
related material must either be submitted to our online docket via 
https://www.regulations.gov on or before May 29, 2013 or reach the 
Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1049 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
email or call LCDR Rodney Wert, Coast Guard; email 
rodney.wert@uscg.mil, telephone 202-372-1434. If you have questions on 
viewing or submitting material to the docket, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Basis and Purpose
V. Discussion of the Interim Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to https://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-1049), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to https://www.regulations.gov and 
insert ``USCG-2012-1049'' in the ``Search'' box. Click on ``Submit a 
Comment'' then in the ``Actions'' column. If you submit your comments 
by mail or hand delivery, submit them in an unbound format, no larger 
than 8\1/2\ by 11 inches, suitable for copying and electronic filing. 
If you submit them by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period and may change this rule based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
insert ``USCG-2012-1049'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).
    This rule also edits Sec.  151.57, ``Garbage management plans.'' 
However, these edits do not change any of the specific information that 
is currently required. Therefore, there will be no change to the 
collection burden, as estimated in the Information Collection Review 
(ICR) ``Waste Management Plans, Refuse Discharge Logs, and Letters of 
Instruction for Certain Persons-in-Charge (PIC) and Great Lakes Dry 
Cargo Residue Recordkeeping.'' This ICR was approved by the Office of 
Management and Budget under control number 1625-0072 and it expires on 
July 31, 2014. Prior to the expiration, the Coast Guard will publish 
requests for comments. Information received from the public in that 
comment period may be used to update the ICR.

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

APPS The Act to Prevent Pollution From Ships
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
IMO International Maritime Organization
IR Interim Rule
ISM International Safety Management System
MARPOL The International Convention for the Prevention of Pollution 
from Ships
MEPC Marine Environment Protection Committee
NPRM Notice of proposed rulemaking
U.S.C. United States Code
WCR Wider Caribbean Region

III. Regulatory History

    The Coast Guard is issuing this interim rule without prior notice 
and

[[Page 13483]]

opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency, for good cause, finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because the International Convention 
for the Prevention of Pollution from Ships (MARPOL) Annex V (Garbage) 
restrictions on the discharge of garbage have already been implemented 
by the Act to Prevent Pollution from Ships (APPS). Publishing an NPRM 
and delaying the effective date of the change to 33 CFR part 151 is 
unnecessary because the change is a conforming amendment required by 
existing authority and because an opportunity for public comment has 
already been provided.
    This rulemaking restates a legal responsibility already in effect 
under MARPOL and APPS (33 U.S.C. 1901, et seq.), which is the U.S. 
authority for implementing MARPOL. Through APPS, the United States 
accepts all modifications and amendments made to Annex V as domestic 
law upon the amendments' entry into force ((33 U.S.C. 1901(a)(5)); see 
also section 1907(a) (requiring compliance with MARPOL)). This 
rulemaking will revise domestic regulations at 33 CFR part 151 to 
accurately reflect U.S. requirements under MARPOL Annex V.
    The public has had several opportunities to comment on the MARPOL 
Annex V amendments that will be incorporated in Coast Guard regulations 
under this rulemaking. Beginning in 2006, the United States worked with 
the 170 member states of the International Maritime Organization (IMO) 
Marine Environmental Protection Committee (MEPC) for over 5 years to 
amend MARPOL Annex V and greatly reduce the discharge of ship-generated 
garbage into the sea. A Coast Guard official serves as head of the 
United States Delegation to the MEPC. The Coast Guard held a public 
meeting in Washington, DC prior to each MEPC meeting to present the 
United States' position(s) on the amendments and to receive public 
comments which would be taken into consideration when finalizing the 
U.S. negotiating positions. There were no adverse public comments 
received prior to the July 2011 MEPC 62 (the meeting where the 
amendments were formally adopted by MEPC). Previous MARPOL Annex V-
related regulatory projects, including the Wider Caribbean Region (WCR) 
special area regulation, similarly did not receive any adverse comments 
(77 FR 19537, April 2, 2012).
    Additionally, 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 (ANPRM) (53 
FR 23884, June 24, 1988), an Interim Rule (IR) with Request for 
Comments (54 FR 18384, April 28, 1989), and a Final Rule (55 FR 35986, 
September 4, 1990).

IV. Basis and Purpose

    MARPOL consists of 20 articles and Annexes I through VI. The 
subject of this rulemaking, MARPOL Annex V, regulates the discharge of 
garbage from ships. APPS implements MARPOL into domestic law, requiring 
the Secretary of the Department in which the Coast Guard is operating 
to administer and enforce the various Annexes of MARPOL. Through APPS, 
the United States accepts any modifications or amendments to MARPOL as 
domestic law (33 U.S.C. 1901(a)(5), see also section 1907(a) (requiring 
compliance with MARPOL)). In July 2011, the IMO MEPC adopted amendments 
to MARPOL Annex V which entered into force January 1, 2013.
    MARPOL applies to the oceangoing vessels of all signatory flag 
administrations. Domestically, APPS requires all vessels subject to 
MARPOL to be in compliance with its provisions while in U.S. navigable 
waters. APPS goes further and specifically applies the provisions of 
Annex V to U.S. navigable waters as well as all other waters and 
vessels over which the United States has jurisdiction, including U.S. 
vessels in U.S. internal waters (33 U.S.C. 1901(b)).
    Because APPS implements MARPOL and any modifications or amendments 
thereto, regulations are not required in order to carry out the 
provisions of MARPOL on signatory flag state vessels in U.S. waters. 
MARPOL, however, requires signatory states to apply the requirements 
equally to all vessels so no more favorable treatment is given to non-
signatory vessels (MARPOL, Article 5(4)). Under MARPOL, as implemented 
by APPS, federal regulations must be promulgated to ensure compliance 
of non-signatory vessels to MARPOL standards while in U.S. navigable 
waters. This rulemaking meets this U.S. obligation under MARPOL as 
implemented by APPS and revises 33 CFR part 151 accordingly.

V. Discussion of the Interim Rule

    MARPOL provisions, as implemented through APPS, are key elements of 
the Coast Guard's prevention and compliance programs. The domestic 
Annex V conforming regulations are located in 33 CFR part 151.
    In July 2011, the IMO MEPC adopted amendments to MARPOL Annex V 
which entered into force January 1, 2013. The United States played a 
lead role at MEPC over the last several years in the development of the 
amendments to Annex V. These amendments reduce the types of garbage 
that can be discharged into the sea by establishing a general 
prohibition on discharges of garbage into the sea. Under prescribed 
conditions, exceptions are provided for food wastes, cargo residues, 
cleaning agents and additives in wash waters, and animal carcasses.
    Part 151 of Title 33 of the CFR will be revised to conform to the 
amendments. The primary revisions as the subject of this rulemaking are 
(1) Updating operational requirements, (2) adding new definitions, and 
(3) replacing placards. Table 1 presents a summary of the changes to 
garbage discharge practices.

                           Table 1--Summary of Changes to Garbage Discharge Practices
----------------------------------------------------------------------------------------------------------------
                 Topic                        Summary of change            Type of change  (see list above)
----------------------------------------------------------------------------------------------------------------
Discharge of garbage...................  Prohibition on the          (1) Operational.
                                          discharge of garbage,
                                          with proscribed
                                          exceptions.
Garbage, edit definition of the term...  Added plastics, discharge   (2) New definition.
                                          of plastics currently
                                          prohibited anywhere.
                                         Added cargo wastes........  (2) New definition.
                                         Added cooking oils........  (1) Operational.
                                         Added fishing gear........  (2) New definition.

[[Page 13484]]

 
                                         Added animal carcasses....  (1) Operational.
Food wastes inside special areas.......  Removed WCR exemption to    (2) New definition.
                                          align with the 2012 WCR
                                          rulemaking.
                                         All food wastes must be     (1) Operational.
                                          comminuted.
Cleaning agents........................  Cleaning agents may be      (1) Operational.
                                          discharged if not harmful
                                          to the environment.
Placards...............................  Change minimum size.......  (3) Replacing placards.
                                         Remove 1997 grandfathering
----------------------------------------------------------------------------------------------------------------

Operational Requirements

    This rulemaking aligns the CFR with MARPOL Annex V, and 
incorporates the general prohibition on discharges of garbage into the 
sea. Also included in this rulemaking are exceptions, under prescribed 
conditions, that are provided in MARPOL Annex V for food wastes, cargo 
residues, cleaning agents and additives in wash waters, and animal 
carcasses. Conditions for discharge contain references to operational 
requirements, such as that the vessel must be en route and a minimum 
distance from land or ice shelves, or technical requirements, such as 
cleaning agents must not be harmful to the marine environment.

Definitional Changes

    This rulemaking revises the definitions in 33 CFR 151.05 to align 
with the MARPOL V amendments and provide clarity. In Table 2 we list 
the revised terms and put them into three categories:
     New Definitions: Terms that are added to conform to the 
MARPOL Annex V amendments.
     Revised Definitions: Terms that already exist in the CFR, 
but the definitions are revised to conform to the MARPOL Annex V 
amendments to the requirements and provide consistency within the 
regulatory text.
     Reorganized Definitions: The definitions of these terms 
are unchanged, but they are now included in definitions of other terms.

                                    Table 2--Summary of Definitional Changes
----------------------------------------------------------------------------------------------------------------
                New term                          Old term                             Remarks
----------------------------------------------------------------------------------------------------------------
Cargo..................................  Cargo.....................  Revised definition.
Cargo Residues.........................  N/A.......................  New definition.
Cooking Oil............................  N/A.......................  New definition.
Domestic Wastes........................  Domestic Wastes...........  Revised definition.
En Route...............................  N/A.......................  New definition.
Fishing Gear...........................  N/A.......................  New definition.
Fixed or floating drilling rig or other  N/A.......................  New definition.
 platform.
Food Wastes............................  Victual Wastes............  Revised definition.
Garbage................................  Garbage...................  Revised definition.
Graywater..............................  Graywater.................  Revised definition.
Harmful to the marine environment......  N/A.......................  New definition.
Incinerator Ashes......................  N/A.......................  New definition.
International Maritime Organization      N/A.......................  New definition.
 (IMO) Guidelines.
MARPOL.................................  MARPOL 73/78..............  Revised definition.
Nearest Land...........................  Nearest Land..............  Revised definition.
Operational Wastes.....................  Cargo Associated Wastes...  Revised definition.\1\
                                         Maintenance Wastes........  ...........................................
                                         Oil Rags..................  ...........................................
Plastics...............................  Plastics..................  Revised definition.
Recycling..............................  N/A.......................  New definition.
----------------------------------------------------------------------------------------------------------------
\1\ Formerly separate definitions of ``Cargo Associated Wastes,'',''Maintenance Wastes,'' and ``Oil Rags,'' now
  included in ``Operational Wastes.''

Replacing Placards

    Section 151.59 contains the requirements for the posting of 
placards that summarize the garbage restrictions of Annex V. Revisions 
to placard regulatory requirements include:
     Moving the applicability requirements of Sec.  151.59(a) 
to Sec.  151.51, Applicability, for ease of reference;
     Revising applicability to include non-U.S.-flagged vessels 
that are 40 ft (12 m) or more;
     Changing the size of the placard to at least 20 cm (8 in) 
by 12.5 cm (5 in);
     Revising Sec.  151.59(e)(2)(ii) to remove the 
grandfathering provision for placards installed on vessels prior to May 
7, 1997; and
     Various technical edits made to align with revisions to 
terminology and to clarify requirements.

VI. Regulatory Analyses

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

[[Page 13485]]

quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This IR has not been designated a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the IR has not been reviewed by the Office of 
Management and Budget. A draft Regulatory Assessment follows:
    As stated in section IV., ``Basis and Purpose,'' this rulemaking is 
non-discretionary and intended to meet our obligations as a signatory 
to MARPOL, as implemented by APPS. This rulemaking meets the 
requirement of ensuring compliance of non-signatory vessels to MARPOL 
standards while operating in U.S. navigable waters. See MARPOL, Article 
5(4). Additionally, this rulemaking is necessary to conform Coast Guard 
regulations to the MARPOL Annex V amendments. As described in the 
``Operational Requirements'' part of section V., ``Discussion of the 
Interim Rule'', the Annex V amendments reduce the types of garbage that 
can be discharged into the sea by establishing a general prohibition on 
discharges of garbage from ships into the sea with exceptions for 
certain types of garbage under prescribed conditions. Affected vessels 
will be required to replace their garbage discharge placards with new 
ones that reference the amendments. Table 3 displays a summary of our 
analysis.

   Table 3--Summary of Affected Population, Cost Savings, and Benefits
------------------------------------------------------------------------
                Category                             Estimate
------------------------------------------------------------------------
Affected Population....................  Owners and operators of
                                          12,277,662 commercial and
                                          recreational vessels.
Costs discounted at 7% interest rate 10  $2,878,879
 year total.
Annualized.............................  $409,888
Benefits...............................   Align Coast Guard
                                          regulations with APPS
                                          implementation of MARPOL Annex
                                          V amendment of 2011.
                                          Fulfill treaty
                                          obligations as signatory to
                                          MARPOL.
                                          Improve enforcement
                                          posture to maintain and
                                          enhance environmental quality.
------------------------------------------------------------------------

Affected Population
    This rulemaking is applicable to all U.S.-flagged vessels, wherever 
they operate, and non-U.S.-flagged vessels operating in the navigable 
waters or Exclusive Economic Zone of the United States, with limited 
exceptions. We divided the U.S.-flagged population into those in 
domestic and international trade. The domestic population consists of 
four groups: recreational, commercial, passenger, and public/research/
school. The recreational population is approximately 12,173,935 
vessels.\1\ Data on non-recreational vessels were extracted from the 
Coast Guard's Marine Information for Safety and Law Enforcement (MISLE) 
database and are described below:
---------------------------------------------------------------------------

    \1\ U.S. Coast Guard, Boating Safety Division, 2011 Boating 
Statistics Report, Table 37, Registration Data, page 56 (https://www.uscgboating.org/assets/1/Publications/2011BoatingStatisticsreport.pdf).
---------------------------------------------------------------------------

     Domestic Commercial--86,871 vessels: Container ships, 
freight ships, tank vessels, offshore supply vessels, commercial 
fishing vessels, and other similar vessels that carry cargo or support 
the shipping industry.
     Domestic Passenger--15,855 vessels: Passenger vessels, 
both self-propelled and barges.
     Domestic Public/Research/School--1,001 vessels: Vessels 
used by public institutions, research organizations, and sailing 
schools.
     International: Using MISLE's SOLAS certificate history 
data, we identified 146 U.S.-flagged vessels engaged in international 
trade.
    Table 4 shows the U.S.-flagged portion of the affected population 
by trade type and vessel service group within the domestic trade type.

                   Table 4--Affected Population--U.S.-Flagged Vessels by Vessel Service Group
----------------------------------------------------------------------------------------------------------------
                 Trade type                            Service group               Vessels
----------------------------------------------------------------------------------------------------------------
Domestic....................................  Commercial....................            86,871
                                              Passenger.....................            15,855
                                              Public/Research/School........             1,001
                                              Recreational..................        12,173,789
                                                                             -----------------------------------
                                                 Total......................  ................        12,277,516
                                                                             -----------------------------------
International...............................     Total......................  ................               146
                                                                             -----------------------------------
    Total...................................  ..............................  ................        12,277,662
----------------------------------------------------------------------------------------------------------------

    Source: U.S. Coast Guard
Current Practices
    This rulemaking does not affect the existing prohibition under APPS 
on discharge of all types of garbage within three nautical miles of 
land. The prohibition covers all manned vessels, commercial and 
recreational, that transit U.S. inland waterways and near-shore waters.
    Much of the maritime community has developed voluntary garbage 
management procedures that are consistent with the Annex V amendments. 
The regulatory analysis for the Wider Caribbean Region (WCR) rulemaking 
analyzed current garbage management and discharge practices across 
sectors (77 FR 19537, April 2, 2012). A summary of these findings 
follows:
     Cruise Line Sector. Using guidelines published by the 
Cruise Line

[[Page 13486]]

International Association, this industry has incorporated garbage and 
waste management practices into cruise ships' safety management systems 
that meet or exceed the requirements of MARPOL and U.S. regulations.
     Commercial Fishing Vessel Sector. Commercial Fishing 
Vessels are covered by MARPOL. However, due to their operations, in 
that they do not carry freight and passengers, most of the requirements 
of Annex V, such as those regarding dunnage, and paper, will not be 
applicable to this sector. One amendment adds fishing gear to the 
definition of garbage, but the industry was informed about this 
requirement in the guidelines published by IMO in 2006. The 
requirements for other types of garbage, such as plastics and unground 
food wastes, are unchanged. Thus, we anticipate that commercial fishing 
vessels are already in compliance with this rulemaking.
     Other Commercial Vessels. The 146 vessels known to be 
engaged in international trade are already subject to the strict 
restrictions that apply when transiting the Special Areas designated by 
MARPOL and the waste management requirements of the IMO's International 
Safety Management System (ISM) Code. Within the Gulf of Mexico Special 
Area, U.S. vessels subject to this rulemaking, along with all other 
vessels transiting the Area, already need to comply with its 
restrictions. Compliance with these MARPOL V amendments is further 
reinforced through the use of safety management systems (SMSs) such as 
the ISM or the Responsible Carrier Program of the American Waterways 
Operators. These SMSs have as their base requirement compliance with 
all federal and state regulations, and then impose additional 
requirements for safety, health, and environmental protection. 
Compliance with the SMSs is determined via company and third-party 
audits.
     Recreational Vessels. The voyages of recreational vessels 
usually are of short duration and occur in the inland and coastal 
waters of the United States, where discharge of garbage is prohibited. 
This long-standing regulatory prohibition is reinforced by education 
programs of various state and local governments, and by boating 
associations. The Boat U.S. Foundation's ``Stash the Trash'' program is 
a leading example. Recreational vessels in general do not generate 
large amounts of garbage and the standard practice is to retain garbage 
on board until returning to port where the garbage is deposited in 
trash receptacles on shore. As these practices meet requirements of 
this rule, we anticipate that owners and operators of recreational 
vessels will incur no additional costs.
    The regulatory analysis for the WCR rulemaking concluded that 
current practices by industry and the recreational boating community as 
they operate in waters under the jurisdiction of the U.S. exceed 
regulatory minimums, and that implementing the WCR would not result in 
any additional costs. In summary, the Coast Guard concludes that the 
maritime community has a longstanding knowledge of the provisions 
contained in the MARPOL Annex V amendments and many sectors have 
already taken actions to meet or exceed those requirements.
Costs
    Cost analyses of the three areas of changes follow.
Operational Requirements
    Certain provisions of the IR directly address on-board practices 
and operations. Table 5 expands upon the summary of changes provided in 
Table 1, adding a brief description of the economic impact.

                  Table 5--Changes and Economic Impacts
------------------------------------------------------------------------
              Topic                Summary of change    Economic impact
------------------------------------------------------------------------
Discharge of garbage............  Prohibition on the  No cost. Align
                                   discharge of        with MARPOL V
                                   garbage, with       amendments.
                                   proscribed
                                   exceptions.
Garbage, edit definition of the   Added plastics....  No cost, current
 term.                                                 practice.
                                  Added cargo         No cost, technical
                                   wastes, cooking     edits. Clarify
                                   oils.               text.
                                  Added fishing gear  No cost, current
                                                       practice.
                                  Added animal        Impacted vessels
                                   carcasses.          are those in
                                                       certain
                                                       international
                                                       trade routes. No
                                                       cost to affected
                                                       population.
Food wastes inside special areas  Removed WCR         No cost; align
                                   exemption.          with WCR special
                                                       area rule.
                                  All food wastes     No cost, current
                                   must be             practice.
                                   comminuted.
Cleaning agents.................  Cleaning agents     No cost, markets
                                   may be discharged   have already
                                   if not harmful to   responded.\2\
                                   the environment.
Placards........................  Change minimum      Cost to replace
                                   size. Remove 1997   placards,
                                   grandfathering.     discounted at 7
                                                       percent:
                                                       $2,878,878 over
                                                       10 years;
                                                       $409,888
                                                       annualized.
------------------------------------------------------------------------

Definitional Changes
    As described in section ``V. Discussion of the Interim Rule,'' 33 
CFR 151.05, Definitions, is revised to include new definitions and 
revisions to existing definitions to align with the amendments to 
MARPOL Annex V. The editorial changes produce no additional costs to 
the affected population. They have the qualitative benefit of adding 
clarity and consistency to the regulatory text.
---------------------------------------------------------------------------

    \2\ As examples, see www.drew-marine.com/cleaning-coatings.html, 
www.wcisupplies.com/nibio/nibio.html, and www.wilhelmsen.com/services/maritime/companies/buss/marinechemicals/products/Pages/products.aspx.
---------------------------------------------------------------------------

Replacing Placards
    The current version of MARPOL Annex V (Sec.  151.59(d)(6)) states 
that: ``[P]lacards installed on vessels before May 7, 1997, need not be 
replaced; and existing stocks of placards, containing previous 
language, may be used.'' The new amendments remove this exemption, so 
all subject vessels will need new placards. The current version of 
Sec.  151.59 states that placards are required on U.S.-flagged vessels 
that are 26 feet or more in length. The amendments move the text that 
defines applicability to Sec.  151.51(e), but they do not change the 
minimum vessel length threshold of 26 feet.
    When the MARPOL Annex V amendments became effective on January 1, 
2013, the owners and operators of non-U.S.-flagged vessels in 
international trade joined the affected population that needs new 
placards. However, they will need the new placards to remain in 
compliance with MARPOL, regardless of whether they

[[Page 13487]]

visit the U.S. or any other country. Therefore, the cost of the 
replacement placards for non-U.S.-flagged vessels is outside the scope 
of this analysis. The 146 U.S.-flagged vessels known to be engaged in 
international trade also need to comply with the placard requirement of 
MARPOL Annex V. As stated earlier, we believe that these vessels are 
currently in compliance with MARPOL V, regardless of the status of this 
rulemaking. We therefore did not include the costs of placards on these 
vessels as part of the costs of this IR.
    In addition, other vessels within the scope of this costs analysis 
are U.S.-flagged vessels that engage in domestic trade or travel only, 
that are 26 feet or more in length. As described previously, the 
application of MARPOL Annex V to domestic vessels in domestic trade is 
not a discretionary action on the part of the Coast Guard as APPS 
specifically applies the provisions of Annex V to U.S. navigable 
waters, as well as to all other waters and vessels over which the U.S. 
has jurisdiction, including U.S. vessels in U.S. internal waters (33 
U.S.C. 1901(b)).
    To obtain the number of vessels subject to the placard requirement, 
that is, those 26 feet or longer, we used the same Coast Guard sources 
used to produce the domestic population of 12,277,516 vessels listed in 
Table 3. The 2011 Boating Statistics Report contains a break-out by 
various categories of lengths.\3\ Aggregating the ones 26 feet or more 
produced a count of 918,875 recreational vessels. The MISLE extract on 
non-recreational vessels contained length data for each vessel. We used 
this length data to identify 100,095 non-recreational vessels 26 feet 
or more in length by service group. Together, there are 1,018,970 U.S.-
flagged vessels subject to the placard requirement, as shown in Table 
6.
---------------------------------------------------------------------------

    \3\ U.S. Coast Guard, Boating Safety Division, 2011 Boating 
Statistics Report, Table 37, Registration Data, page 56 (https://www.uscgboating.org/assets/1/Publications/2011BoatingStatisticsreport.pdf).

    Table 6--Population of Vessels Subject to Placard Requirement, by
                              Service Group
------------------------------------------------------------------------
                        Vessel group                           Vessels
------------------------------------------------------------------------
Commercial.................................................       83,545
Passenger..................................................       15,573
Public/Research/School.....................................          977
Recreational...............................................      918,875
                                                            ------------
  Total....................................................    1,018,970
------------------------------------------------------------------------

    These vessels can have many areas where garbage is generated and 
may need multiple placards. Based on information from Coast Guard 
personnel who have inspected, examined, or observed these vessel types, 
we estimated the number of placards for these vessels by constructing 
the following categories, based on length. Table 7 shows the assignment 
of placards by vessel length category.

             Table 7--Estimate of Placards by Vessel Length
------------------------------------------------------------------------
                       Vessel length                           Placards
------------------------------------------------------------------------
Less than 100 feet.........................................            1
100-199.9 feet.............................................            2
200-299.9 feet.............................................            3
300 feet or more...........................................            4
------------------------------------------------------------------------

    For each vessel in the subject population, we assigned the number 
of placards using the same vessel length variable used to determine if 
it qualified to be in the subject population. The results of these 
calculations were aggregated by service group and are displayed in 
Table 8. To obtain the number of vessels in a service group requiring a 
particular number of placards, one must divide the entry (number of 
placards per service group) by the number of placards.

                                                         Table 8--Count of Vessels and Placards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Number of placards per service group
                      Service group                        Vessel count  -------------------------------------------------------------------------------
                                                                                 1               2               3               4        Total placards
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial..............................................          83,545          77,865           9,544           2,610             152          90,171
Passenger...............................................          15,573          14,889           1,060             279             244          16,472
Public/Research/School..................................             977             778             230             186              88           1,282
Recreational............................................         918,875         918,875               0               0               0         918,875
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       1,018,970       1,012,407          10,834           3,075             484       1,026,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
 This count includes 934 vessels with recorded length of 0. This apparently marks missing data and to include them in the analysis we assigned
  them in the 1 placard group.

    The data indicates that 99% of the vessels (1,012,407 out of 
1,018,970) in the subject population are less than 100 feet in length 
and will need only one placard.
    Based on data from an Internet search, we derived a unit cost of $3 
per placard.\4\ Table 9 displays the population, cost input, and total 
costs.
---------------------------------------------------------------------------

    \4\ We are not aware of new placards yet on the market. West 
Marine (www.westmarine.com, enter part  8788986 in the 
search tool) has a set of 3 MARPOL placards, including one for Annex 
V, with soon to be obsolete language, for example $6.99. We use that 
to estimate per unit cost of a new placard at $6.99/3=$2.33, rounded 
up to $3.00.

                                       Table 9--Cost of Replacing Placards
----------------------------------------------------------------------------------------------------------------
                       Service group                             Vessels          Placards            Cost
----------------------------------------------------------------------------------------------------------------
Commercial................................................            83,545            90,171          $270,513
Passenger.................................................            15,573            16,472            49,416
Public/Research/School....................................               977             1,282             3,846
Recreational..............................................           918,875           918,875         2,756,625
                                                           -----------------------------------------------------
    Total.................................................         1,018,970         1,026,800         3,080,400
----------------------------------------------------------------------------------------------------------------


[[Page 13488]]

    Please note that any vessels built in subsequent years are required 
to have a placard under the current regulation. Therefore, the only 
cost associated with this IR is the one-time cost for existing vessels 
to replace their placards. Table 10 displays the 10-year cost analysis, 
showing undiscounted costs and discounted costs at 7 percent and 3 
percent rates.

                       Table 10--10-Year Cost Schedule, Undiscounted and Discounted Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Discounted costs
                           Year                               Undiscounted   -----------------------------------
                                                                  costs              7%                3%
----------------------------------------------------------------------------------------------------------------
1.........................................................        $3,080,400        $2,878,879        $2,990,680
2-10......................................................                 0                 0                 0
                                                           -----------------------------------------------------
    Total.................................................         3,080,400         2,878,879         2,990,680
Annualized................................................  ................           409,888           350,599
----------------------------------------------------------------------------------------------------------------

    In summary, this rulemaking is mandated under APPS to incorporate 
the MARPOL Annex V amendments into Coast Guard regulations. Our 
regulatory analysis identified the only cost item as the replacement of 
existing placards. The placards must be replaced as they contain 
language that is inconsistent with the MARPOL Annex V amendments. The 
implementation of this IR will align the text of the placards and the 
CFR with the MARPOL Annex V amendments, as implemented by APPS. No 
further costs are incurred and no alternatives are available to avoid 
modifying the placards that would enable vessels to comply with APPS 
and by extension MARPOL. This IR therefore, is the least cost 
alternative for the Coast Guard to fulfill the statutory requirements 
of APPS.
Benefits
    The MARPOL Annex V amendments came into effect January 1, 2013 and 
are automatically implemented by APPS. After this date, Coast Guard 
regulations regarding MARPOL V became outdated and inconsistent with 
our international obligations and APPS.
    The primary benefit of this rulemaking is to fulfill the U.S. 
treaty obligation as a signatory to MARPOL, and to align the CFR with 
MARPOL Annex V as implemented by APPS. This will improve the Coast 
Guard's ability to carry out its maritime stewardship mission to 
maintain and enhance environmental quality.
Alternatives
    APPS implements MARPOL in U.S. law and under APPS, the amendments 
to Annex V will take effect in January 2013, regardless of any 
regulatory action. The only alternative to the action taken in this 
Interim Rule would be to keep the current version of 33 CFR part 151 in 
place after January 2013. This would establish a conflict between the 
requirements in APPS and MARPOL Annex V, as compared to the language in 
the CFR. Therefore, the alternative of maintaining the status quo is 
not ideal, as it could create confusion among the regulated population, 
who are required to follow the requirements in APPS and MARPOL Annex V 
whether or not the CFR language is corrected. As noted above, E.O. 
13563 places value in harmonizing requirements, therefore this 
alternative was rejected.
    As presented in section ``III. Regulatory History,'' the Coast 
Guard's preferred alternative is to publish this IR without prior 
notice and opportunity to comment pursuant to authority under Sec.  
4(a) of the APA (5 U.S.C. 553(b)(B)).

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 an 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 III. ``Regulatory History'' and therefore is 
not required to publish a regulatory flexibility analysis. However, the 
Coast Guard did consider the economic impact of this rule on small 
entities. We estimate that the maximum costs to any vessel will be $12 
for four placards whether the vessel owner is considered a small entity 
or not. Comments submitted will be evaluated under the criteria in the 
``Regulatory Information'' section of this preamble.

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 this interim rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
interim rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult LCDR Rodney Wert 
at the telephone number or email address indicated under the FOR 
FURTHER INFORMATION CONTACT section of this notice. 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).

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520). The 
placard discloses information supplied by the Federal government to the 
recipient for the purpose of disclosure to the public. Therefore, the 
cost of the replacement placards is exempted from the PRA and is not 
considered a collection of information (5 CFR 1320.3(a)(c)(2)).

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 the management and discharge of garbage 
under MARPOL Annex V.

[[Page 13489]]

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 interim rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

G. Taking of Private Property

    This interim rule would 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 interim 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 interim rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This interim rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 interim 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.

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 interim rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

M. Environment

    We have analyzed this interim 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 made a determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. An environmental analysis checklist 
supporting this determination is available in the docket where 
indicated under the ``Public Participation and Request for Comments'' 
section of this preamble. This action falls under section 2.B.2, figure 
2-1, paragraph (34)(d)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). Section 6(b) refers to actions that are mandated 
by Congressional action, and this action falls into that category. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this interim rule.

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:

Title 33--Navigation and Navigable Waters

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

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

    Authority:  33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L. 
104-227 (110 Stat. 3034); E.O. 12777, 3 CFR, 1991 Comp. p. 351; 
Department of Homeland Security Delegation No. 170.1.


0
2. Amend Sec.  151.05 as follows:
0
a. Remove the words ``MARPOL 73/78'', wherever they appear, and add in 
their place, the word ``MARPOL'';
0
b. Remove the definitions of the terms ``Cargo associated wastes'', 
``Maintenance waste'', ``MARPOL 73/78'', ``Oily rags'' and ``Victual 
waste'';
0
c. Add, in alphabetical order, the definitions of the terms ``Captain 
of the Port (COTP)'', ``Cargo residues'', ``Cooking oil'', ``En 
route'', ``Fishing gear'', ``Fixed or floating drilling rig or other 
platform'', ``Food wastes'', ``Harmful to the marine environment'', 
``Incinerator ashes'', ``International Maritime Organization (IMO) 
guidelines'', ``MARPOL'', ``Navigable waters'', and ``Recycling'' to 
read as follows; and
0
d. Revise the definitions of the terms ``Domestic wastes'', 
``Garbage'', ``Graywater'', ``Nearest land'', ``Operational wastes'', 
and ``Plastic'' to read as follows:


Sec.  151.05  Definitions.

* * * * *
    Captain of the Port (COTP) means the Coast Guard officer designated 
by the Commandant to command a COTP Zone as described in part 3 of this 
chapter.
    Cargo residues means the remnants of any cargo which are not 
covered by other MARPOL Annexes and which remain on the deck or in 
holds following loading or unloading, including loading and unloading 
excess or spillage, whether in wet or dry condition or entrained in 
wash water, but does not include cargo dust remaining on the deck after 
sweeping or dust on the external surfaces of the ship.
* * * * *
    Cooking oil means any type of edible oil or animal fat used or 
intended to be used for the preparation or cooking of

[[Page 13490]]

food, but does not include the food itself that is prepared using these 
oils.
* * * * *
    Domestic wastes means all types of wastes not covered by other 
MARPOL annexes that are generated in the accommodation spaces on board 
the ship. Domestic wastes do not include graywater.
    En route means that the ship is underway at sea on a course or 
courses, including deviation from the shortest direct route, which as 
far as practicable for navigational purposes, will cause any discharge 
to be spread over as great an area of the sea as is reasonable and 
practicable.
* * * * *
    Fishing gear means any physical device or part thereof or 
combination of items that may be placed on or in the water or on the 
sea-bed with the intended purpose of capturing, or controlling for 
subsequent capture or harvesting, marine or fresh water organisms.
    Fixed or floating drilling rig or other platform means a fixed or 
floating structure located at sea which is engaged in the exploration, 
exploitation, or associated offshore processing of sea-bed mineral 
resources.
    Food wastes means any spoiled or unspoiled food substances and 
includes fruits, vegetables, dairy products, poultry, meat products and 
food scraps generated aboard ship.
* * * * *
    Garbage means all kinds of food wastes, domestic wastes and 
operational wastes, all plastics, cargo residues, cooking oil, fishing 
gear, and animal carcasses generated during the normal operation of the 
ship and liable to be disposed of continuously or periodically except 
those substances which are defined or listed in other Annexes to the 
present Convention. Garbage does not include fresh fish and parts 
thereof generated as a result of fishing activities undertaken during 
the voyage, or as a result of aquaculture activities which involve the 
transport of fish including shellfish for placement in the aquaculture 
facility and the transport of harvested fish including shellfish from 
such facilities to shore for processing.
* * * * *
    Graywater means drainage from dishwater, shower, laundry, bath, and 
washbasin drains. It does not include drainage from toilets, urinals, 
hospitals, animal spaces, and cargo spaces.
* * * * *
    Harmful to the marine environment in relation to the discharge of:
    (1) Cargo residues means residues of solid bulk substances which 
are classified according to the criteria of the United Nations Globally 
Harmonized System for Classification and Labeling of Chemicals (UN GHS) 
meeting the following parameters:
    (i) Acute Aquatic Toxicity Category 1; and/or
    (ii) Chronic Aquatic Toxicity Category 1 or 2; and/or
    (iii) Carcinogenicity Category 1A or 1B combined with not being 
rapidly degradable and having high bioaccumulation; and/or
    (iv) Mutagenicity Category 1A or 1B combined with not being rapidly 
degradable and having high bioaccumulation; and/or
    (v) Reproductive Toxicity Category 1A or 1B combined with not being 
rapidly degradable and having high bioaccumulation; and/or
    (vi) Specific Target Organ Toxicity Repeated Exposure Category 1 
combined with not being rapidly degradable and having high 
bioaccumulation; and/or
    (vii) Solid bulk cargoes containing or consisting of synthetic 
polymers, rubber, plastics, or plastic feedstock pellets (this includes 
materials that are shredded, milled, chopped, or macerated or similar 
materials).
    (2) Cleaning agents or additives means a cleaning agent or additive 
that is:
    (i) A ``harmful substance'' in accordance with the criteria in 
MARPOL Annex III; and/or
    (ii) Contains any components which are known to be carcinogenic, 
mutagenic, or reprotoxic.
    Notes to definition of Harmful to the marine environment:
    1. These criteria are based on UN GHS, fourth revised edition 
(2011). For specific products (e.g., metals and inorganic metal 
compounds), guidance available in UN GHS, annexes 9 and 10 is essential 
for proper interpretation of the criteria and classification and should 
be followed.
    2. These are products with a hazard statement classification for 
Carcinogenicity, Mutagenicity, Reproductive Toxicity, or Specific 
Target Organ Toxicity Repeated Exposure for oral hazards, dermal 
hazards, or without specification of the exposure route.
* * * * *
    Incinerator ashes means ash and clinkers resulting from shipboard 
incinerators used for the incineration of garbage.
* * * * *
    International Maritime Organization (IMO) guidelines means the 
guidelines for the Implementation of MARPOL Annex V (IMO Resolution 
MEPC.219(63), adopted March 2, 2012) and other garbage pollution 
related guidance approved or adopted by the IMO.
* * * * *
    MARPOL means the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocols of 1978 and 
1997 relating to that Convention. A copy of MARPOL is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1, 7SR, United Kingdom.
* * * * *
    Navigable waters means the territorial sea of the United States (as 
defined in Presidential Proclamation 5928 of December 27, 1988) and the 
internal waters of the United States.
    Nearest land. The term ``from the nearest land'' means from the 
baseline from which the territorial sea of the territory in question is 
established in accordance with international law, except that, for the 
purposes of these regulations, ``from the nearest land'' off the 
northeastern coast of Australia shall mean from a line drawn from a 
point on the coast of Australia in--latitude 11[deg]00' South, 
longitude 142[deg]08' East to a point in--latitude 10[deg]35' South, 
longitude 141[deg]55' East, thence to a point--latitude 10[deg]00' 
South, longitude 142[deg]00' East, thence to a point--latitude 
9[deg]10' South, longitude 143[deg]52' East, thence to a point--
latitude 9[deg]00' South, longitude 144[deg]30' East, thence to a 
point--latitude 10[deg]41' South, longitude 145[deg]00' East, thence to 
a point--latitude 13[deg]00' South, longitude 145[deg]00' East, thence 
to a point--latitude 15[deg]00' South, longitude 146[deg]00' East, 
thence to a point--latitude 17[deg]30' South, longitude 147[deg]00' 
East, thence to a point--latitude 21[deg]00' South, longitude 
152[deg]55' East, thence to a point on the coast of Australia in 
latitude 24[deg]42' South, longitude 153[deg]15' East.
* * * * *
    Operational wastes means all solid wastes (including slurries) not 
covered by other MARPOL Annexes that are collected on board during 
normal maintenance or operations of a ship, or used for cargo stowage 
and handling. Operational wastes also include cleaning agents and 
additives contained in cargo hold and external wash water. Operational 
wastes does not include discharges essential to the operation of a 
ship, including but not limited to graywater, bilge water, ballast 
water, controllable pitch propeller and thruster hydraulic fluid and 
other oil to sea interfaces (e.g., thruster bearings, stabilizers, 
rudder bearings, etc.), deck washdown and runoff and above water

[[Page 13491]]

line hull cleaning (not harmful to the marine environment), firemain 
systems water, gas turbine wash water, and/or non-oily machinery 
wastewater.
* * * * *
    Plastic means a solid material, which contains as an essential 
ingredient one or more high molecular mass polymers, and which is 
formed (shaped) during either the manufacture of the polymer or the 
fabrication into a finished product by heat and/or pressure. Plastics 
have material properties ranging from hard and brittle to soft and 
elastic. For the purposes of these regulations, ``all plastics'' means 
all garbage that consists of or includes plastic in any form, including 
synthetic ropes, synthetic fishing nets, plastic garbage bags and 
incinerator ashes from plastic products.
* * * * *
    Recycling means the activity of segregating and recovering 
components and materials for reprocessing.
* * * * *


0
3. Revise Sec.  151.51 to read as follows:


Sec.  151.51  Applicability.

    (a) Except as provided in paragraphs (b) through (f) of this 
section, Sec. Sec.  151.51 through 151.77 apply to each ship that--
    (1) Is of United States registry or nationality, or one operated 
under the authority of the United States, including recreational 
vessels defined in 46 U.S.C. 2101(25) and uninspected vessels defined 
in 46 U.S.C. 2101(43), wherever located; or
    (2) Is operated under the authority of a country other than the 
United States while in the navigable waters or the Exclusive Economic 
Zone of the United States.
    (b) Sections 151.51 through 151.77 do not apply to--
    (1) A warship, naval auxiliary, or other ship owned or operated by 
a country when engaged in noncommercial service; or
    (2) Any other ship specifically excluded by MARPOL.
    (c) Section 151.55 (Recordkeeping) applies to--
    (1) A manned oceangoing ship (other than a fixed or floating 
drilling rig or other platform) of 400 gross tons and above that is 
documented under the laws of the United States or numbered by a State;
    (2) A manned oceangoing ship (other than a fixed or floating 
drilling rig or other platform) of 400 gross tons and above that is 
operated under the authority of a country other than the United States 
while in the navigable waters or the Exclusive Economic Zone of the 
United States;
    (3) A manned fixed or floating drilling rig or other platform 
subject to the jurisdiction of the United States; or
    (4) A manned ship that is certified to carry 15 or more persons 
engaged in international voyages.
    (d) Section 151.57 (Garbage Management Plans) applies to--
    (1) A manned oceangoing ship (other than a fixed or floating 
drilling rig or other platform) of 40 feet or more in length that is 
documented under the laws of the United States or numbered by a state 
and that either is engaged in commerce or is equipped with a galley and 
berthing;
    (2) A manned fixed or floating drilling rig or other platform 
subject to the jurisdiction of the United States; or
    (3) A manned ship of 100 gross tons or more that is operated under 
the authority of a country other than the United States while in the 
navigable waters or the Exclusive Economic Zone of the United States.
    (e) Section 151.59 (Placards) applies to--
    (1) A manned U.S. ship (other than a fixed or floating drilling rig 
or other platform) that is 26 feet or more in length;
    (2) A manned floating drilling rig or other platform in transit 
that is subject to the jurisdiction of the United States; or
    (3) A manned ship of 40 feet or more in length that is operated 
under the authority of a country other than the United States while in 
the navigable waters or the Exclusive Economic Zone of the United 
States.
    (f) Section 151.73 (Discharge of Garbage from Fixed or Floating 
platforms) only applies to a fixed or floating drilling rig or other 
platform subject to the jurisdiction of the United States.

    Note to Sec.  151.51: The Exclusive Economic Zone extends from 
the baseline of the territorial sea seaward 200 miles as defined in 
the Presidential Proclamation 5030 of March 10, 1983 (3 CFR, 1983 
Comp., p. 22).


Sec.  151.53  [Amended]

0
4. Amend Sec.  151.53 as follows:
0
a. Remove the text ``MARPOL 73/78'', wherever it appears, and add, in 
its place, the text ``MARPOL''; and
0
b. In paragraph (b), remove the text ``(4)(b)'', and add, in its place, 
the number ``3.2''; and following the words ``of Regulation'', remove 
the number ``5'', and add, in its place, the number ``8''.


0
5. Revise Sec.  151.55 to read as follows:


Sec.  151.55  Recordkeeping requirements.

    (a) The master or person in charge of a ship to which this section 
applies shall ensure that a written record is maintained on the ship of 
each of the following garbage discharge or disposal operations:
    (1) Discharge to a reception facility or to another ship;
    (2) Incineration on the ship;
    (3) Discharge into the sea; and/or
    (4) Accidental or other exceptional discharges.
    (b) When garbage is discharged to a reception facility or to 
another ship, the record under paragraph (a) of this section must 
contain the following information:
    (1) The date and time of the discharge;
    (2) If the operation was conducted at a port, the name of the port;
    (3) If the operation was not conducted at a port, the latitude and 
longitude of the location where the operation was conducted, and if the 
operation involved off-loading to another ship, the name and official 
number of the receiving ship;
    (4) The categories of garbage involved; and
    (5) The estimated amount of each category of garbage discharged, 
described by volume in cubic meters.
    (c) When garbage is incinerated on the ship, the record under 
paragraph (a) of this section must contain the following information:
    (1) The date and time of the starting and stopping of the 
incineration;
    (2) The latitude and longitude of the ship at the starting and 
stopping of the incineration;
    (3) The categories of the garbage involved; and
    (4) The estimated amount of each category of garbage involved, 
described by volume in cubic meters.
    (d) When garbage which is allowed into the sea is discharged 
overboard, the record under paragraph (a) of this section must contain 
the following information:
    (1) The date and time of the discharge;
    (2) The latitude and longitude of the ship;
    (3) The categories of the garbage involved; and
    (4) The estimated amount of each category of garbage involved, 
described by volume in cubic meters.
    (e) For the record under paragraph (a) of this section, the 
categories of garbage are
    (1) Plastics,
    (2) Food wastes,
    (3) Domestic wastes,
    (4) Cooking oil,
    (5) Incinerator ashes,
    (6) Operational wastes,
    (7) Cargo residues,
    (8) Animal carcasses, and
    (9) Fishing gear.

[[Page 13492]]

    (f) The record under paragraph (a) of this section must be prepared 
at the time of the operation, certified as correct by the master or 
person in charge of the ship, maintained on the ship for 2 years 
following the operation, and made available for inspection by the Coast 
Guard.


0
6. Revise Sec.  151.57 to read as follows:


Sec.  151.57  Garbage management plans.

    (a) The master or person in charge of a ship to which this section 
applies shall ensure that the ship is not operated unless a garbage 
management plan meeting paragraph (b) of this section is on the ship 
and that each person handling garbage follows the plan.
    (b) Each garbage management plan under paragraph (a) of this 
section must be in writing and--
    (1) Provide for the discharge of garbage by means that meet Annex V 
of MARPOL, the Act, and Sec. Sec.  151.51 through 151.77;
    (2) Describe procedures for minimizing, collecting, processing, 
storing, and discharging garbage; and
    (3) Designate the person who is in charge of carrying out the plan.

(Approved by the Office of Management and Budget under control 
number 1625-0072)


0
7. Revise Sec.  151.59 to read as follows:


Sec.  151.59  Placards.

    (a) The master or person in charge of a ship, including a drilling 
rig or platform, to which this section applies shall ensure that one or 
more placards meeting the requirements of this section are displayed in 
prominent locations and in sufficient numbers so that they can be read 
by the crew and passengers. These locations must be readily accessible 
to the intended reader and may include embarkation points, food service 
facilities, garbage handling spaces, living spaces, and common areas on 
deck. If the Captain of the Port (COTP) determines that the number or 
location of the placards is insufficient to adequately inform crew and 
passengers, the COTP may require additional placards and may specify 
their locations.
    (b) Each placard must be at least 20 cm (8 in) wide by 12\1/2\ cm 
(5 in) high, made of a durable material, and legible.
    (c) At a minimum, each placard must notify the reader of the 
operating requirements contained in Sec. Sec.  151.67 through 151.73 as 
they apply to that ship. The following requirements should also be 
prominently stated:
    (1) The discharge of all garbage is prohibited into the navigable 
waters of the United States and into all other waters except as 
specifically allowed;
    (2) The discharge of all forms of plastic into all waters is 
prohibited;
    (3) A person who violates the above requirements is liable for 
civil and/or criminal penalties; and
    (4) Regional, state, and local restrictions on garbage discharges 
also may apply.
    (d) For ships while operating on the Great Lakes or their 
connecting or tributary waters, the placard must--
    (1) Notify the reader of the information in paragraph (c) of this 
section; or
    (2) Notify the reader of the following:
    (i) Except as allowed by Sec.  151.66, the discharge of all garbage 
into the Great Lakes or their connecting or tributary waters is 
prohibited; and
    (ii) A person who violates the above requirements is liable for a 
civil penalty for each violation, and the criminal penalties of a class 
D felony.


Sec.  151.61  [Amended]

0
8. Amend Sec.  151.61 as follows:
0
a. In paragraph (b), after the words ``Annex V of MARPOL'', remove the 
text ``73/78''; and
0
b. In paragraph (d,) after the word ``A'', remove the word ``waste'' 
and add, in its place, the word ``garbage''.


Sec.  151.63  [Amended]

0
9. In Sec.  151.63(b)(4), after the word ``shipboard'', remove the word 
``waste'', and add, in its place, the word ``garbage''.


Sec.  151.65  [Amended]

0
10. Amend Sec.  151.65 as follows:
0
a. At the end of paragraph (a), remove the text ``.'', and add, in its 
place, the text ``;''; and
0
b. In paragraph (b), remove the text ``.'', and add, in its place, the 
text ``; or''.

0
11. Amend Sec.  151.66 as follows:
0
a. Revise the heading of Sec.  151.66;
0
b. Redesignate paragraphs (b) and (c) as paragraphs (c) and (d) 
respectively;
0
c. Add new paragraph (b); and
0
d. In newly designated paragraph (c), revise the definition of the term 
``Bulk dry cargo residues'' as follows:


Sec.  151.66  Operating requirements: Discharge of garbage in the Great 
Lakes and other navigable waters of the United States.

* * * * *
    (b) Cleaning agents or additives contained in deck and external 
surfaces wash water may be discharged only if these substances are not 
harmful to the marine environment.
    (c) * * *
* * * * *
    Bulk dry cargo residues in relation to the Great Lakes means non-
hazardous and non-toxic residues of dry cargo carried in bulk, 
including limestone and other clean stone, iron ore, coal, salt, and 
cement. It does not include residues of any substance known to be toxic 
or hazardous, such as, nickel, copper, zinc, lead, or materials 
classified as hazardous in provisions of law or treaty;
* * * * *

0
12. Revise Sec.  151.69 to read as follows:


Sec.  151.69  Operating requirements: Discharge of garbage outside 
special areas.

    (a) Except for ships operating in the Great Lakes which must comply 
with section 151.66, when a ship is operating outside of a special area 
specified in Sec.  151.53, no person may discharge garbage into the 
sea, except as allowed in paragraphs (b) through (d) of this section.
    (b) The following allowed discharges of garbage shall only be 
conducted while the ship is en route and as far as practicable from the 
nearest land, but never less than--
    (1) 12 nautical miles for food wastes, except that, such food 
wastes may be discharged outside of 3 nautical miles from nearest land 
after they have been processed with a grinder or comminuter specified 
in Sec.  151.75;
    (2) 12 nautical miles for cargo residues that cannot be recovered 
using commonly available methods for unloading. The discharged cargo 
residues must not be harmful to the marine environment; and
    (3) 100 nautical miles and the maximum water depth possible for 
animal carcasses. Discharge shall be conducted in accordance with the 
applicable International Maritime Organization guidelines.
    (c) Cleaning agents or additives contained in cargo hold, deck, and 
external surfaces wash water may be discharged only if these substances 
are not harmful to the marine environment.
    (d) Mixtures of garbage having different discharge requirements 
must be:
    (1) Retained on board for later disposal ashore; or
    (2) Discharged in accordance with the more stringent requirement 
prescribed by paragraphs (a) through (c) of this section.

0
13. Revise Sec.  151.71 to read as follows:


Sec.  151.71  Operating requirements: Discharge of garbage within 
special areas.

    (a) When a ship is located within a special area referenced in 
Sec.  151.53 of this part, no person may discharge garbage into the 
water, except as allowed in this section.

[[Page 13493]]

    (b) Food wastes shall only be discharged while the ship is en route 
and--
    (1) As far as practicable from the nearest land or nearest ice 
shelf, but not less than 12 nautical miles from the nearest land or 
nearest ice shelf;
    (2) After having been processed with a grinder or comminuter 
specified in Sec.  151.75; and
    (3) Not contaminated by any other garbage type.
    (4) The discharge of introduced avian products, including poultry 
and poultry parts, is not permitted in the Antarctic area unless it has 
been treated to be made sterile.
    (c) Cargo residues that cannot be recovered using commonly 
available methods for unloading may be discharged where all the 
following conditions are satisfied:
    (1) The cargo residues, cleaning agents or additives contained in 
the cargo hold washing water do not contain any substances that are 
harmful to the marine environment.
    (2) Both the port of departure and the next port of destination 
must be within the special area and the ship will not transit outside 
of the special area when moving between those ports.
    (3) No adequate reception facilities are available at those ports.
    (4) When the conditions of paragraphs (c)(1) through (c)(3) of this 
section have been fulfilled, discharge of cargo hold washing water 
containing residues shall be made as far as practicable from the 
nearest land or the nearest ice shelf and not less than 12 nautical 
miles from the nearest land or the nearest ice shelf.
    (d) Cleaning agents or additives contained in deck and external 
surfaces wash water may be discharged only if those substances are not 
harmful to the marine environment.
    (e) Mixtures of garbage having different discharge requirements 
must be:
    (1) Retained on board for later disposal ashore; or
    (2) Discharged in accordance with the more stringent requirement 
prescribed by paragraphs (b) through (d) of this section.

0
14. Revise Sec.  151.73(b) to read as follows:


Sec.  151.73  Operating requirements: Discharge of garbage from fixed 
or floating platforms.

* * * * *
    (b) Food waste may be discharged into the surrounding waters from a 
ship or fixed or floating platform regulated by paragraph (a) of this 
section if--
    (1) It is processed with a grinder or comminuter meeting the 
standards in Sec.  151.75; and
    (2) That ship or fixed or floating drilling rig or platform is 
beyond 12 nautical miles from nearest land.


Sec.  151.75  [Amended]

0
15. Amend Sec.  151.75 by removing the text ``Sec.  151.69(a)(2)'' and 
adding, in its place, the text ``Sec.  151.69(b)(1), Sec.  
151.71(b)(2),''.

0
16. Revise Sec.  151.77 to read as follows:


Sec.  151.77  Exceptions for emergencies and health risks.

    Sections 151.67, 151.69, 151.71, and 151.73 do not apply to the 
following:
    (a) Discharges of garbage from a ship necessary for the purpose of 
securing the safety of a ship and those on board or saving life at sea.
    (b) The accidental loss of garbage resulting from damage to a ship 
or its equipment, provided that all reasonable precautions have been 
taken before and after the occurrence of the damage, to prevent or 
minimize the accidental loss.
    (c) The accidental loss of fishing gear from a ship, provided all 
reasonable precautions have been taken to prevent such loss.
    (d) The discharge of fishing gear from a ship for the protection of 
the marine environment or for the safety of that ship or its crew.
    (e) The en route requirements of Sec. Sec.  151.69 and 151.71 do 
not apply to the discharge of food wastes when it is clear the 
retention on board of these food wastes present an imminent health risk 
to the people on board.

0
17. Remove Appendix A to Sec. Sec.  151.51 through 151.77--Summary of 
Garbage Discharge Restrictions.

    Dated: February 20, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, U. S. Coast Guard.
[FR Doc. 2013-04616 Filed 2-27-13; 8:45 am]
BILLING CODE 9110-04-P