X95-10821. IMO Special Areas  

  • [Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
    [Rules and Regulations]
    [Pages 43374-43378]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: X95-10821]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    33 CFR Parts 151 and 155
    
    [CGD 94-056]
    RIN 2115-AE97
    
    
    IMO Special Areas
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Final rule.
    
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    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 
    
    
    [[Page 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 
    
    [[Page 43376]]
    the sea area south of 60 deg. 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, Sec. 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 deg.28.5' 
    N, 43 deg.19.6' E) and Husn Murad (12 deg.40.4' N, 43 deg.30.2' E) and 
    to the east by the rhumb line between Ras Asir (11 deg.50' N, 
    51 deg.16.9' E) and the Ras Fartak (15 deg.35' N, 52 deg.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 deg. N parallel from Florida 
    eastward to 77 deg.30' W meridian, thence a rhumb line to the 
    intersection of 20 deg. N parallel and 59 deg. W meridian, thence a 
    rhumb line to the intersection of 7 deg.20' N parallel and 50 deg. 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 Sec. 151.06. Discharge requirements for the various special areas 
    are contained in Secs. 151.13, 151.32. 151.53, 151.71, and 155.400. New 
    Sec. 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 
    
    [[Page 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-of-information 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 ship-generated 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 Sec. 151.05, the definition of ``special area'' is revised to 
    read as follows:
    
    
    Sec. 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:
    
    
    Sec. 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 deg. N parallel 
    and bounded to the west by the Straits of Gibraltar at the meridian of 
    5 deg.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 deg.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 deg. 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 deg.8.5' N, 43 deg.19.6' E) and Husn Murad (12 deg.40.4' N, 
    43 deg.30.2' E).
        (5) The Gulfs areas means the sea area located northwest of the 
    rhumb line between Ras al Hadd (22 deg.30' N, 59 deg.48' E) and Ras al 
    Fasteh (25 deg.04' N, 61 deg.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 deg.28.5' N, 43 deg.19.6' E) and Husn 
    Murad (12 deg.40.4' N, 43 deg.30.2' E) and to the east by the rhumb 
    line between Ras Asir (11 deg.50' N, 51 deg.16.9' E) and the Ras Fartak 
    (15 deg.35' N, 52 deg.13.8' E).
        (7) The Antarctic areas means the sea south of 60 deg. south 
    latitude.
        (8) The North Sea area means the North Sea proper, including seas 
    within the North Sea southwards of latitude 62 deg. N and eastwards of 
    longitude 4 deg. W; the Skagerrak, the southern limit of which is 
    determined east of the Skaw by latitude 57 deg.44.8' N; and the English 
    Channel and its approaches eastwards of longitude 5 deg. 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 deg. N parallel from Florida eastward to 77 deg.30' W meridian, 
    thence a rhumb line to the intersection of 20 deg. N parallel and 
    59 deg. W meridian, thence a rhumb line to the intersection of 
    7 deg.20' N parallel and 50 deg. 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 Sec. 151.13. Special areas for the purposes 
    of Annex II of MARPOL 73/78 include those referenced in Sec. 151.32. 
    Special areas for the purpose of Annex V of MARPOL 73/78 include those 
    referenced in Sec. 151.53.
        4. In Sec. 151.13 (paragraphs (a), (b)(1), (b)(2) and (b)(3) are 
    revised and paragraph (h) is added to read as follows:
    
    
    Sec. 151.13  Special Areas for Annex I of MARPOL 73/78.
    
        (a) For the purposes of Secs. 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 Sec. 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 
    
    [[Page 43378]]
    restrictions in Sec. 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:
    
    
    Sec. 151.32  Special areas for the purpose of Annex II.
    
        (a) For the purposes of Secs. 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 Sec. 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 Sec. 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:
    
    
    Sec. 151.53  Special areas for Annex V of MARPOL 73/78.
    
        (a) For the purposes of Secs. 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 Sec. 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 Sec. 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:
    
    
    Sec. 151.71  Operating requirements: Discharge of garbage within 
    special areas.
    
        (a) When a ship is located in a special area referenced in 
    Sec. 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:
    
    
    Sec. 155.400  Platform machinery space drainage on oceangoing fixed or 
    floating drilling rigs and other platforms.
    
        (a) * * *
        (b) * * *
        (1) * * *
        (2) Discharge in accordance with Sec. 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
    
    

Document Information

Effective Date:
11/20/1995
Published:
08/21/1995
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
X95-10821
Dates:
November 20, 1995.
Pages:
43374-43378 (5 pages)
Docket Numbers:
CGD 94-056
RINs:
2115-AE97
PDF File:
x95-10821.pdf
CFR: (7)
33 CFR 151.05
33 CFR 151.06
33 CFR 151.13
33 CFR 151.32
33 CFR 151.53
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