97-9388. Antarctic Treaty Environmental Protection Protocol  

  • [Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
    [Rules and Regulations]
    [Pages 18043-18046]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-9388]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 151
    
    [CGD 97-015]
    RIN 2115-AF43
    
    
    Antarctic Treaty Environmental Protection Protocol
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: By this direct final rule, the Coast Guard is establishing 
    regulations to implement the Antarctic Science, Tourism, and 
    Conservation Act of 1996. These regulations should guide U.S. owned 
    and/or operated vessels to properly prepare for voyages in the 
    Antarctic. This rule will harmonize U.S. regulations with international 
    standards, and improve preparedness to respond to a spill.
    
    DATES: This rule is effective on September 30, 1997, unless the Coast 
    Guard receives written adverse comments or written notice of intent to 
    submit adverse comments on or before June 30, 1997. If the effective 
    date of this action is delayed due to adverse comments, timely notice 
    will be published in the Federal Register.
    
    ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
    Safety Council (G-LRA/3406) (CGD 97-015), U.S. Coast Guard 
    Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
    be delivered to room 3406 at the same address between 9:30 a.m. and 2 
    p.m., Monday through Friday, except Federal holidays. The telephone 
    number is (202) 267-1477.
        The Executive Secretary maintains the public docket for this 
    rulemaking. Comments will become part of this docket and will be 
    available for inspection or copying at room 3406, U.S. Coast Guard 
    Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday, 
    except Federal holidays.
    
    FOR FURTHER INFORMATION CONTACT:
    LCDR Ray Perry, Project Manager, Office of Environmental Standards (G-
    MSO), telephone (202) 267-2714.
    
    SUPPLEMENTARY INFORMATION:
    
    Request for Comments
    
        Any comments must identify the name and address of the person 
    submitting the comment, specify the rulemaking docket (CGD 97-015) and 
    the specific section of this rule to which each comment applies, and 
    give the reason for each specific comment. Please submit two copies of 
    all comments and attachments in an unbound format, no larger than 8\1/
    2\ by 11 inches, suitable for copying and electronic filing. Persons 
    wanting acknowledgment of receipt of comments should enclose stamped, 
    self-addressed postcards or envelopes.
    
    Regulatory Information
    
        The Coast Guard is publishing a direct final rule, the procedures 
    of which are outlined in 33 CFR 1.05-55, because no adverse comments 
    are anticipated. If no adverse comments or any written notice of intent 
    to submit adverse comment are received within the specified comment 
    period, this rule will become effective as stated in the DATES section. 
    In that case, at least 30 days prior to the effective date, the Coast 
    Guard will publish a notice in the Federal Register stating that no 
    adverse comment was received and confirming that this rule will become 
    effective as scheduled. However, if the Coast Guard receives written 
    adverse comment or written notice of intent to submit adverse comment, 
    the Coast Guard will publish a notice in the final rule section of the 
    Federal Register to announce withdrawal of all or part of this direct 
    final rule. If adverse comments apply to only part of this rule, and it 
    is possible to remove that part without defeating the purpose of this 
    rule, the Coast Guard may adopt as final those parts of this rule on 
    which no adverse comments were received. The part of this rule that was 
    the subject of adverse comment will be withdrawn. If the Coast Guard 
    decides to proceed with a rulemaking following receipt of adverse 
    comments, a separate Notice of Proposed Rulemaking (NPRM) will be 
    published and a new opportunity for comment provided.
        A comment is considered ``adverse'' if the comment explains why 
    this rule would be inappropriate, including a challenge to the rule's 
    underlying premise or approach, or would be ineffective or unacceptable 
    without a change. A comment that requests additional rulemaking on this 
    or another subject will not be treated as ``adverse.''
    
    Background and Purpose
    
        On October 2, 1996, the Antarctic Science, Tourism, and 
    Conservation Act of 1996 became law (Pub. L. 104-227). This Act 
    implements the Protocol on Environmental Protection to the Antarctic 
    Treaty done at Madrid on October 4, 1991 (30 I.L.M. 1455). The Act 
    authorizes three agencies to issue implementing regulations: The 
    National Science Foundation (NSF), the EPA, and the Coast Guard. The 
    Coast Guard is issuing this rule with the concurrence of the NSF in 
    accordance with the Act. The Coast Guard may issue such regulations as 
    are necessary and appropriate to implement Annex IV to the Protocol and 
    Article 15 of the Protocol with respect to vessels. Annex IV to the 
    Protocol, Prevention of Marine Pollution, resembles in many respects 
    MARPOL 73/78. Article 15 of the Protocol, Emergency Response Action, 
    requires that each party provide for prompt and effective response 
    actions to such emergencies as might arise from activities in the 
    Antarctic, and the establishment of contingency plans for response to 
    incidents with potential adverse effects on the Antarctic environment. 
    For the most part, the requirements under the Protocol are already 
    implemented in the U.S. under the Act to Prevent Pollution from Ships 
    (33 U.S.C. 1901, et seq.). However, two gaps between the existing 
    regulations and the statutory requirements of the Act exist and are 
    addressed in this rulemaking.
    
    Discussion of Rules
    
        These rules will require owners and operators of vessels under U.S. 
    jurisdiction and operating in the waters below 60 degrees south 
    latitude to comply with standards specified in the Protocol regarding 
    sewage, and to amend their shipboard oil pollution emergency plans 
    (SOPEP) to indicate the need to contact Antarctic stations that might 
    be affected. This rule reflects international requirements under the 
    Protocol. Changes to 33 CFR 151.26 would implement the provisions of 
    Article 15 of the Protocol addressing response to pollution from 
    vessels. A new section 151.79 is added to implement the provisions of 
    Annex IV of the Protocol addressing prevention of pollution by sewage 
    from vessels.
    
    Regulatory Evaluation
    
        This proposal is not a significant regulatory action under section 
    3(f) of
    
    [[Page 18044]]
    
    Executive Order 12866 and does not require an assessment of potential 
    costs and benefits under section 6(a)(3) of that order. It has not been 
    reviewed by the Office of Management and Budget under that order. It is 
    not significant under the regulatory policies and procedures of the 
    Department of Transportation (DOT) (44 FR 11040; February 26, 1979).
        The Coast Guard expects the economic impact of this rule to be so 
    minimal that a full Regulatory Evaluation under paragraph 10e of the 
    regulatory policies and procedures of DOT is unnecessary. This rule 
    will affect approximately 23 vessels, all of which are greater than 400 
    gross tons.
    
    Industry Costs
    
        Regulations (33 CFR 151.26) already require SOPEP. Vessel owners 
    and operators will face additional costs associated with amending their 
    SOPEP for each vessel. The amount of cost incurred will vary depending 
    on whether the vessel has a SOPEP currently developed. For 1997, there 
    are approximately 13 privately owned vessels operating in Antarctica 
    that would be addressed under these regulations. All 13 vessels are 
    flagged from states requiring SOPEP. The amendments that need to be 
    incorporated into a vessel's current SOPEP will be approximately 5 to 
    10 pages. It has been assumed that it will take no more than 5 days to 
    write the amendments. The price per page of these additions is 
    approximately $100 to $140 ($35/hr.*40hr./week)/10), with minimal 
    additional photocopying expenses to provide duplicate copies to the 
    appropriate people. Therefore, the estimated total cost for 
    incorporating the new SOPEP amendments ranges from $500 to $1,400 per 
    plan.
        The SOPEP amendments do not require equipment to be carried. They 
    simply require vessel owners to develop plans for a prompt and 
    effective response to emergencies which might arise in the performance 
    of their vessel activities in Antarctica. However, for the purpose of 
    this estimate, the Coast Guard assumes that each vessel complying with 
    the SOPEP amendments would most likely choose to carry one of the 
    following:
    
    ------------------------------------------------------------------------
                                                                    Cost per
                                 Item                               vessel *
    ------------------------------------------------------------------------
    1. 200 feet of sorbent boom...................................      $782
    2. 2 cases of sorbent pillows (approx. 50 pillows)............       144
    3. 200 feet of sorbent sweeps (approx. 30 lbs.)...............       136
    4. 3 bags of geniesorb oil sorbent (approx. 120 lbs.).........        60
    ------------------------------------------------------------------------
    * All costs are based on: 1995 World Catalog of Oil Spill Response      
      Products, 5th Edition. These costs are purely optional and therefore  
      have not been added to the estimated total industrial cost.           
    
    Government Costs
    
        The Government will incur costs associated with the inclusion of 
    public vessels in this rule. An agency whose public vessels travel to 
    Antarctica will now also be required to develop a plan or update its 
    vessels' current plan to reflect the new amendments. There are 
    approximately 10 publicly owned vessels that operate in Antarctica 
    during any one season. It is estimated that it will take no more than 
    15 days to create a plan from scratch. The total length of the plan 
    (including the new amendments) should range from 15 to 30 pages. 
    However, if the public vessel is only incorporating the new amendments 
    to an existing plan, only approximately 5 to 10 pages of additional 
    text would be expected. The price per page of text is approximately 
    $100 to $140 (($35/hr. * 40hr./week) /10), with minimal additional 
    copying expenses to provide duplicate copies to the appropriate people. 
    Therefore, the estimated total cost for creating a new plan would range 
    from $1,500 to $4,200 per plan. The estimated cost for incorporating 
    the amendments to the preexisting plans ranges from $500 to $1,400 per 
    plan.
        These amendments do not require equipment to be carried. They 
    simply require vessel owners to develop plans for a prompt and 
    effective response emergencies which arise in the performance of their 
    vessel activities in Antarctica. However, for the purpose of this 
    estimate, the Coast Guard assumes that each vessel complying with the 
    amendments would most likely choose to carry one of the following:
    
    ------------------------------------------------------------------------
                                                                    Cost per
                                 Item                               vessel *
    ------------------------------------------------------------------------
    1. 200 feet of sorbent boom...................................      $782
    2. 2 cases of sorbent pillows (approx. 50 pillows)............       144
    3. 200 feet of sorbent sweeps (approx. 30 lbs.)...............       136
    4. 3 bags of geniesorb oil sorbent (approx. 120 lbs.).........        60
    ------------------------------------------------------------------------
    * All costs are based on: 1995 World Catalog of Oil Spill Response      
      Products, 5th Edition. These costs are purely optional and therefore  
      have not been added to the estimated total government cost.           
    
    Industry and Government Costs and Benefits
    
        The total cost of this rule will depend on the number of plans 
    developed to comply with this rulemaking. However, to satisfy every 
    requirement the total cost of this DFR will still not exceed $60,200 
    (see table below).
    
    ------------------------------------------------------------------------
                                                           Number           
                         Total cost                          of     Cost per
                                                           vessels    plan  
    ------------------------------------------------------------------------
    Industry Cost.......................................        13    $1,400
    Government Cost.....................................        10   **4,200
    Total Industry Cost: (13*$1,400)=$18,200                                
    Total Government Cost: (10*$4,200) = $42,000                            
    Total Cost: $60,200                                                     
    ------------------------------------------------------------------------
    ** This number represents the cost to originate a plan where no plan    
      currently exists.                                                     
    
        The primary benefit of this rulemaking is to harmonize U.S. 
    regulations with international standards.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C.601 et seq.), the 
    Coast Guard must consider the economic impact on small entities of a 
    rule for which a general notice of proposed rulemaking is required. 
    ``Small entities'' may include (1) small businesses and not-for-profit 
    organizations that are independently owned and operated and are not 
    dominant in their fields and (2) governmental jurisdictions with 
    populations of less than 50,000.
        The Coast Guard intends to implement the Protocol without dictating 
    prescriptive requirements. All 13 privately owned vessels operating in 
    Antarctica in 1995 and impacted by this rulemaking are small entities. 
    The Coast Guard anticipates all privately owned vessels impacted will 
    be small entities, and that they will meet the intent of these 
    requirements without incurring a significant cost or bearing a 
    competitive disadvantage. On this factual basis, the Coast Guard finds 
    that this rule will not have a significant economic impact on a 
    substantial number of small entities. Any comments submitted in 
    response to this finding will be evaluated under the criteria described 
    earlier in the preamble for comments.
    
    Assistance for Small Entities
    
        In accordance with section 213(a) of the Small Business Regulatory 
    Enforcement Fairness Act of 1996 (Pub. L. 104-121, the Coast Guard will 
    provide assistance to small entities to determine how this rule applies 
    to them. If you are a small business and need assistance understanding 
    the provisions of this rule, please contact
    
    [[Page 18045]]
    
    LCDR Ray Perry, Project Manager, Officer of Environmental Standards (G-
    MSO), telephone (202) 267-2714.
    
    Collection of Information
    
        This rule contains no new collection-of-information requirements 
    under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). However, 
    owners and operators of privately owned vessels will incur an 
    additional collection of information burden in amending their existing 
    SOPEP. The total increase in burden hours over those previously 
    approved by OMB under collection approval 2115-0595 will depend on the 
    number of vessels operating in the Antarctic region. However, the 
    additional burden hours will be relatively small, and are not dependent 
    on the number of vessels each company owns since one plan can cover 
    numerous vessels. The amount of time needed to update a SOPEP to meet 
    the new requirements could be as minimal as 8 person hours.
    
    Federalism
    
        The Coast Guard has analyzed this rule under the principles and 
    criteria contained in Executive Order 12612 and has determined that 
    this rule does not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
    
    Environment
    
        The Coast Guard considered the environmental impact of this rule 
    and concluded that, under paragraph 2.B.2.e(34) (a) and (d) of 
    Commandant Instruction M16475.lB. (as revised by 59 FR 38654, July 29, 
    1994), this rule is categorically excluded from further environmental 
    documentation. This rulemaking is intended to align existing 
    regulations with the statutory requirements which address pollution 
    from vessels and responses to pollution incidents. Based on the 
    available data, this rulemaking is not expected to have a significant 
    impact on the environment. A ``Categorical Exclusion Determination'' is 
    available in the docket for inspection or copying where indicated under 
    ADDRESSES.
    
    List of Subjects in 33 CFR Part 151
    
        Administrative practice and procedure, Oil pollution, Penalties, 
    Reporting and recordkeeping requirements, Water pollution control, 
    Sewage disposal, Vessels.
    
        For the reasons set out in the preamble, the Coast Guard amends 33 
    CFR part 151 as follows:
    
    PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
    MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
    
        1. The authority citation for part 151 is revised to read as 
    follows:
    
        Authority: 33 U.S.C. 1321(j)(1)(C) and 1903(b); Pub. L. 104-227 
    (110 Stat. 3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.
    
        2. The heading to subpart A is revised to read as follows:
    
    Subpart A--Implementation of MARPOL 73/78 and the Protocol on 
    Environmental Protection to the Antarctic Treaty as it Pertains to 
    Pollution from Ships
    
    
    Sec. 151.01  [Amended]
    
        3. In Sec. 151.01, at the end of the paragraph preceding the note, 
    add the sentence ``This subpart also implements the Antarctic Science, 
    Tourism, and Conservation Act of 1996, and the Protocol on 
    Environmental Protection to the Antarctic Treaty done at Madrid on 
    October 4, 1991.''
    
    
    Sec. 151.03  [Amended]
    
        4. In Sec. 151.03, at the end before the period, add the phrase 
    ``unless otherwise indicated.''
        5. Section 151.05 is amended by adding the following definition in 
    alphabetical order to read as follows:
    
    
    Sec. 151.05  Definitions.
    
    * * * * *
        Antarctica means the area south of 60 degrees south latitude.
    * * * * *
        6. In Sec. 151.09, add a new paragraph(e), to read as follows:
    * * * * *
        (e) Section 151.26(b)(5) applies to all vessels subject to the 
    jurisdiction of the United States and operating in Antarctica.
        7. In Sec. 151.26, paragraph(b)(1)(i), introductory text, is 
    revised, paragraph(b)(3)(iii)(C) is added, and paragraph(b)(5) is 
    revised to read as follows:
    
    
    Sec. 151.26  Shipboard oil pollution emergency plans.
    
    * * * * *
        (b) * * *
        (1) * * *
        (i) Introductory text. The introductory text of the plan must 
    contain the following language (For ships operating in Antarctica, the 
    introductory text of the plan must contain the following language and 
    explain that they are in accordance with the Protocol on Environmental 
    Protection to the Antarctic Treaty):
    * * * * *
        (3) * * *
        (iii) * * *
        (C) For Antarctica, in addition to compliance with paragraph 
    (b)(3)(iii)(B) of this section, reports shall also be directed to any 
    Antarctic station that may be affected.
    * * * * *
        (5) National and Local Coordination.
        (i) This section of the plan must contain information to assist the 
    master in initiating action by the coastal State, local government, or 
    other involved parties. This information must include guidance to 
    assist the master with organizing a response to the incident should a 
    response not be organized by the shore authorities. Detailed 
    information for specific areas may be included as appendices to the 
    plan.
        (ii) For Antarctica, a vessel owner or operator must include a plan 
    for prompt and effective response action to such emergencies as might 
    arise in the performance of its vessel's activities.
        (iii) To comply with paragraph (b)(5)(ii) of this section, an 
    agency of the United States government may promulgate a directive 
    providing for prompt and effective response by the agency's public 
    vessels operating in Antarctica.
    * * * * *
        8. The sub-heading, ``GARBAGE POLLUTION'' under subpart A is 
    revised to read as follows:
    
    GARBAGE POLLUTION AND SEWAGE
    
        9. New Sec. 151.79 is added to read as follows:
    
    
    Sec. 151.79  Operating requirements: Discharge of sewage within 
    Antarctica.
    
        (a) A vessel certified to carry more than 10 persons must not 
    discharge untreated sewage into the sea within 12 nautical miles of 
    Antarctic land or ice shelves; beyond such distance, sewage stored in a 
    holding tank must not be discharged instantaneously but at a moderate 
    rate and, where practicable, while the ship is en route at a speed of 
    no less than 4 knots. For purposes of this section, ``sewage'' means:
        (1) Drainage and other wastes from any form of toilets, urinals, 
    and WC scuppers;
        (2) Drainage from medical premises (dispensary, sick bay, etc.) via 
    wash basins, wash tubs, and scuppers located in such premises;
        (3) Drainage from spaces containing living animals; or
        (4) Other waste waters when mixed with the drainages defined above.
        (b) Paragraph (a) of this section does not apply to a warship, 
    naval auxiliary,
    
    [[Page 18046]]
    
    or other ship owned or operated by the United States and used only in 
    government non-commercial service.
        (c) Paragraph (a) of this section does not apply in cases of an 
    emergency relating to the safety of a ship and those on board or saving 
    life at sea. Notice of an activity, otherwise prohibited under 
    paragraph (a) of this section, undertaken in case of an emergency shall 
    be reported immediately to the National Response Center (NRC) toll free 
    number 800-424-8802.
    
        Dated: April 4, 1997.
    J.C. Card,
    Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
    and Environmental Protection.
    [FR Doc. 97-9388 Filed 4-11-97; 8:45 am]
    BILLING CODE 4910-14-M
    
    
    

Document Information

Effective Date:
9/30/1997
Published:
04/14/1997
Department:
Coast Guard
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-9388
Dates:
This rule is effective on September 30, 1997, unless the Coast Guard receives written adverse comments or written notice of intent to submit adverse comments on or before June 30, 1997. If the effective date of this action is delayed due to adverse comments, timely notice will be published in the Federal Register.
Pages:
18043-18046 (4 pages)
Docket Numbers:
CGD 97-015
RINs:
2115-AF43
PDF File:
97-9388.pdf
CFR: (5)
33 CFR 151.01
33 CFR 151.03
33 CFR 151.05
33 CFR 151.26
33 CFR 151.79