[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Proposed Rules]
[Pages 15201-15204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8472]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed
Rules
[[Page 15201]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 330
9 CFR Part 94
[Docket No. 93-037-1]
Garbage; Disposal by Cruise Ships in Landfills at Alaskan Ports
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations that apply to
garbage that can introduce diseases or pests of livestock, poultry, or
plants. The amendment would allow cruise ships to dispose of garbage in
landfills at certain Alaskan ports. This would apply only to cruise
ships that do not have prohibited or restricted meat or animal products
in the vessel stores. This amendment to the regulations would reduce
the cost of disposing of cruise ship garbage at Alaskan ports, while
continuing to help prevent the spread of plant pests and livestock and
poultry diseases into or within the United States.
DATES: Consideration will be given only to comments received on or
before June 4, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 93-037-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 93-037-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. Ronald B. Caffey, Assistant to the
Deputy Administrator, Veterinary Medical Office, PPQ, APHIS, Suite
4C03, 4700 River Road Unit 129, Riverdale, MD 20737-1236, (301) 734-
7633.
SUPPLEMENTARY INFORMATION:
Background
Our regulations concerning garbage are contained in 7 CFR 330.400
and 9 CFR 94.5 (referred to below as ``the regulations''). The
regulations in 7 CFR 330.400 are intended to prevent the dissemination
of plant pests and diseases. The regulations in 9 CFR 94.5 are intended
to prevent the dissemination of animal diseases.
Garbage is defined in Sec. 330.400(b) and Sec. 94.5(a) as all waste
material that is derived in whole or in part from fruits, vegetables,
meats, or other plant or animal (including poultry) material, and other
refuse of any character whatsoever that has been associated with any
such material on board any means of conveyance, and including food
scraps, table refuse, galley refuse, food wrappers or packaging
materials, and other waste material from stores, food preparation
areas, passengers' or crews' quarters, dining rooms, or any other areas
on means of conveyance. Garbage also means meals and other food that
were available for consumption by passengers and crew on an aircraft
but were not consumed.
Certain garbage is regulated under our regulations. There are three
categories of regulated garbage: (1) Garbage that is on or removed from
a means of conveyance if, at the time the garbage is on or removed from
the means of conveyance, the means of conveyance has been in any port
outside the continental United States and Canada within the previous 2-
year period (see Secs. 330.400(c) and 94.5(b) for definition; see
Secs. 330.400(c)(1) and (c)(2) and Secs. 94.5(b)(1) and (b)(2) for
exceptions); (2) garbage that is on or removed from a means of
conveyance if, at the time the garbage is on or removed from the means
of conveyance, the means of conveyance has moved during the previous 1-
year period, either directly or indirectly, to the continental United
States from any territory or possession or from Hawaii; to any
territory or possession from any other territory or possession or from
Hawaii; or to Hawaii from any territory or possession (see
Secs. 330.400(d) and 94.5(c) for definition; see Secs. 330.400(d)(2)
and 94.5(c)(2) for exceptions); and (3) garbage that is commingled with
regulated garbage (see Secs. 330.400(e) and 94.5(d)).
Under our regulations, regulated garbage must be stored in tight,
leak-proof, covered receptacles on board a means of conveyance while
the means of conveyance is in the territorial waters or while otherwise
within the territory of the United States. Also, regulated garbage must
be removed from the means of conveyance in tight, leak-proof
receptacles under the direction of an Animal and Plant Health
Inspection Service (APHIS) inspector to an approved facility for
incineration, sterilization, or grinding into an approved sewage
system, under supervision of an APHIS inspector. Regulated garbage may
be removed for other handling in a manner and under such supervision as
the Administrator, APHIS, may approve in specific cases. Other handling
is approved only if it complies with the applicable laws for
environmental protection and is adequate to prevent the dissemination
of plant pests and livestock or poultry diseases into or within the
United States. (See Secs. 330.400(g)(1) and 94.5(f)(1).)
Garbage can also be disposed of outside the territorial limits of
the United States by dumping or in on-board incinerators, sterilizers,
or grinders. However, as explained elsewhere in this document, these
methods are limited to certain situations and are often impractical.
Cruise ships that sail between Alaskan ports currently dispose of
their garbage in landfills at Alaskan ports. The Administrator has
approved this alternate disposal method because we believe the garbage
would pose no disease risk to livestock or crops in the United States.
Disposing of garbage on the high seas, or by using on-board
incinerators or grinders was and is impractical for cruise ships
operating off the west coast of Alaska and Canada. The International
Convention on the Prevention of Pollution from Ships at Sea, Annex V,
ratified by the United States in 1988, prohibits dumping any plastics
into the ocean. To dispose of garbage, all plastics must be separated
from the rest of the garbage and retained on board the vessel
[[Page 15202]]
for separate disposal. This is not practical for most cruise ships.
Using on-board garbage grinders is also impossible, because cruise
ships along the west coast of Alaska remain in United States and
Canadian territorial waters, and both the United States and Canada
prohibit use of on-board grinders within their territorial waters.
Using on-board garbage incinerators is also usually impractical for
cruise ships, because on-board incinerators are usually small units,
not intended for disposing of all of a ship's garbage. In addition, on-
board incinerators can only be used when on-board odors are not a
problem.
Cruise ships usually dispose of regulated garbage by off-loading
and incinerating or sterilizing it. Prior to 1991, Alaska had no
approved incinerators or sterilizers that could be used by cruise
ships. There was a small incinerator at Anchorage, but it was available
and used only for disposal of aircraft garbage. There are no facilities
in Alaska suitable for sterilizing maritime garbage. Grinding garbage
into an approved sewage system is also listed in our regulations as an
approved method of disposing of regulated garbage. However, there are
no sewage systems in Alaska approved for the disposal of maritime
garbage.
In 1991 an incinerator in Juneau, Alaska, was approved for disposal
of regulated maritime garbage. Because of the availability of this
facility, in early 1992 APHIS notified all cruise lines operating
vessels in Alaskan waters that regulated garbage would thereafter have
to be disposed of in accordance with the regulations. APHIS
specifically informed cruise lines that disposal of cruise ship garbage
in landfills at Alaskan ports would no longer be allowed.
The cruise lines questioned the need for and practicality of our
policy changes and said they did not have enough time to prepare for
the policy change before the next cruise season began. After
discussions with representatives of the cruise lines, APHIS agreed
verbally in 1992 to temporarily withdraw the policy change. APHIS and
cruise line representatives also agreed that APHIS would conduct a risk
assessment of the situation. If the risk assessment was positive--that
is, if disposing of regulated garbage from cruise ships in landfills at
Alaskan ports presented a risk to livestock or crops in the United
States--then cruise ships would have to comply with the regulations. In
the mean time, APHIS agreed that cruise ships could continue to dispose
of regulated garbage in landfills at Alaskan ports, provided that the
ships have no meat or animal products on board that are prohibited or
restricted under the regulations in 9 CFR part 94. These meats and
animal products are prohibited or restricted in order to prevent the
possible spread into the United States of various diseases of livestock
and poultry, including foot-and-mouth disease.
APHIS has completed an assessment of the pest and disease risks
posed by this situation. The risk assessment was limited to regulated
garbage that was removed from cruise ships operating in waters off the
west coast of Alaska and Canada and disposed of in landfills at Alaskan
ports. These ships did not have any prohibited or restricted meat or
animal products on board at the time the cruise ships entered Alaskan
waters. The results of the study were that there is no undue risk of
animal or plant disease or pest introduction.
The ecology, wildlife, and agriculture of Alaska are vastly
different from the 48 contiguous States. No plant diseases or pests
have been identified as posing any risk in Alaska. This is because no
plant pest or disease of concern can survive the Alaskan climate. APHIS
identified foot-and-mouth disease (FMD) as the livestock disease of
greatest risk in Alaska. Ruminants and swine are the animal species at
risk for FMD. At-risk animals could be infected by exposure to garbage
in landfills.
Requiring cruise ships to have no prohibited or restricted meat or
animal products on board at the time they enter Alaskan waters
minimizes any possibility that infectious materials would be disposed
of in landfills. The nature of agriculture and wildlife in Alaska
minimizes the possibility of animals being exposed to landfill garbage.
In Alaska, there are no wild swine, and very few herds of domestic
swine. There are many wild ruminants, such as deer, elk, and moose.
However, there are very few herds of domestic sheep, goats, and cattle.
None of the herds of domestic livestock are located near landfills
where cruise ship garbage is buried. Domestic Alaskan livestock are
therefore unlikely to be exposed to garbage disposed of in landfills.
Wild ruminants could be exposed to landfill garbage. However, ruminants
do not normally ``graze'' on landfills. In addition, experts do not
believe wild ruminant populations would sustain an FMD infection
without being continually exposed to infected domestic animals. In
Alaska, any FMD infection within the wild ruminant population would
therefore die out before it could present a threat to livestock. Under
these circumstances, any outbreak of FMD could be easily contained and
eradicated.
Based on this risk assessment, we have determined that continuing
to allow regulated garbage from cruise ships to be disposed of in
Alaskan landfills would not present any significant pest or disease
risk as long as the cruise ships do not have meat or animal products on
board that are restricted or prohibited under the regulations in 9 CFR
part 94. This amendment would also apply only to cruise ships that
remain in Alaskan or Canadian waters for the entire cruise season. We
are therefore proposing to amend 7 CFR 300.400(g)(1) and 9 CFR
94.5(f)(1) to reflect this determination. Cargo ships and other
conveyances, including cruise ships that do not comply with these
requirements, would continue to be required to follow existing
regulations in 7 CFR 330.400 and 9 CFR 94.5.
Under our proposed regulations, only cruise ships meeting certain
requirements would be allowed to dispose of regulated garbage in
landfills at Alaskan ports. Qualifying cruise ships would be prohibited
from having prohibited or restricted meat or animal products on board
at the time they enter Alaskan waters for the cruise season. Cruise
ships would be inspected by APHIS inspectors at the beginning of each
cruise season (approximately mid-May, depending on weather conditions).
Many types of meat and animal products are prohibited or restricted
under the regulations in 9 CFR part 94, in order to prevent the spread
into the United States of various diseases of livestock and poultry.
Among the meats and other products prohibited or restricted under 9 CFR
part 94 are fresh, chilled, and frozen meat of ruminants and swine that
originate in any country where rinderpest or FMD exists. Countries
where rinderpest or FMD exists are listed in Sec. 94.1(a) of those
regulations. Neither rinderpest nor FMD exists in Canada or in the
United States. Prohibiting cruise ships from having prohibited or
restricted meat or animal products on board would prevent the possible
spread of livestock and poultry diseases into the United States.
Qualifying cruise ships would also be required to remain in Alaskan
or Canadian waters for the entire cruise season. This would preclude
any possibility of prohibited or restricted meat or animal products
being brought on board the vessel.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule
[[Page 15203]]
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
There is a shortage of incinerators and sterilizers accessible to
cruise ships in Alaska. Incinerators are now available to dispose of
regulated maritime garbage only at Juneau, Ketchikan and Sitka.
Sterilizers to dispose of maritime garbage are not available. Further,
it is impractical for cruise ships to dispose of all regulated garbage
in on-board incinerators or grinders, or by dumping on the high seas.
During the period when cruise ship garbage is incinerated, the
total volume of garbage is too great for all of the garbage to be
incinerated. We are, therefore, currently allowing certain cruise ships
to dispose of regulated garbage in landfills at Alaskan ports. These
are ships which have no prohibited or restricted meat or animal
products on board at the time they enter Alaskan waters, and which
remain in Alaskan or Canadian waters during the entire cruise season.
Therefore, if this proposed rule is adopted, no major change in current
practice would be required.
Allowing for the continued use of landfills would have a beneficial
economic impact on cruise ships, as landfill disposal is less expensive
than incineration. Our information indicates that none of the cruise
ships that would be affected by this proposed rule are U.S.-owned and
none would be classified as ``small'' entities (defined as having fewer
than 500 employees, according to Small Business Administration (SBA)
size criteria.)
We also foresee no economic impact on incinerator or landfill
owners. Because the proposed amendments to the regulations only bring
the regulations into conformance with current practices, there should
be no impact of any kind on incinerator or landfill operations.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
The alternatives to this proposed rule would be to take no action
or to prohibit disposal of all cruise ship garbage in landfills at
Alaskan ports. We do not consider prohibiting such garbage disposal a
reasonable alternative. Prohibiting such garbage disposal would disrupt
industry operations without any salutary effect on disease or pest
risk. We also do not consider doing nothing a reasonable alternative.
Doing nothing would continue the informal requirements which are now in
effect without giving notice to the public.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this proposed rule. The assessment provides a
basis for the conclusion that the disposal, in landfills at Alaskan
ports, of garbage from cruise ships under the conditions specified in
this proposed rule would not present a risk of introducing or
disseminating plant or animal diseases or pests and would not have a
significant impact on the quality of the human environment. Based on
the finding of no significant impact, the Administrator of the Animal
and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection at USDA, room
1141, South Building, 14th Street and Independence Avenue SW.,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. Persons wishing to inspect copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
7 CFR Part 330
Customs duties and inspections, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Transportation.
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 7 CFR part 330 and 9 CFR part 94 would be amended as
follows:
PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS;
SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE
1. The authority citation for part 330 would continue to read as
follows:
Authority: 7 U.S.C. 147a, 150bb, 150dd-150ff, 161, 162, 164a,
450, 2260; 19 U.S.C. 1306; 21 U.S.C. 111, 114a; 136 and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Sec. 330.400, paragraph (g)(1), a new sentence would be added
at the end of the paragraph to read as follows:
Sec. 330.400 Regulation of certain garbage.
* * * * *
(g)(1) * * * Provided that, cruise ships may dispose of regulated
garbage in landfills at Alaskan ports if the cruise ships do not have
prohibited or restricted meat or animal products on board at the time
they enter Alaskan waters for the cruise season, and if the cruise
ships remain in Alaskan or Canadian waters for the entire cruise
season.
* * * * *
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
3. The authority citation for part 94 would continue to read as
follows:
[[Page 15204]]
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR 2.22, 2.80, and
371.2(d).
4. In Sec. 94.5, paragraph (f)(1), a new sentence would be added at
the end of the paragraph to read as follows:
Sec. 94.5 Regulation of certain garbage.
* * * * *
(f)(1) * * * Provided that, cruise ships may dispose of regulated
garbage in landfills at Alaskan ports if the cruise ships do not have
prohibited or restricted meat or animal products on board at the time
they enter Alaskan waters for the cruise season, and if the cruise
ships remain in Alaskan or Canadian waters for the entire cruise
season.
* * * * *
Done in Washington, DC, this 2nd day of April 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8472 Filed 4-4-96; 8:45 am]
BILLING CODE 3410-34-P
