[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13481-13493]
[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

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
http://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: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, Docket Operations,
telephone<PHONE_NUMBER>.

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 http://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 http://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 http://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

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.

                                         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

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 (http://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

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

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 (http://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
----------------------------------------------------------------------------------------------------------------

    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.

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

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

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.

    (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.

    (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


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Notices]
[Page 30340]
[DOCID:fr25my11-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14151-000]

Reliable Storage 1 LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On March 25, 2011, Reliable Storage 1 LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of hydropower near the town of Ravenscroft, on Doe
Creek, in White and Putnam Counties, Tennessee. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed pumped storage project would consist of the following:
(1) A 70-foot-high, 7,500-foot-long earth embankment dam; (2) an upper
reservoir with a surface area of 100 acres and an 7,100 acre-foot
storage capacity; (3) a 150-foot-high, 1,300-foot-long earth embankment
dam creating; (4) a lower reservoir with a surface area of 150 acres
and an 10,500 acre-foot storage capacity; (5) one 30-foot-diameter,
5,800-foot-long penstock; (6) a bifurcation to three penstocks each 16-
foot-diameter, and 100-foot-long; (7) an underground powerhouse/pumping
station containing three pump/generating units with a total generating
capacity of 600 megawatts; (8) a 30-foot-diameter, 850-foot-long
tailrace tunnel; (9) a 24-foot-diameter, 1,500-foot-long access tunnel;
(10) a substation; and (11) a 12.8-mile-long, 500 kV transmission line
to an existing distribution line. The proposed project would have an
average annual generation of 1,500,000 megawatt-hours (MWh), which
would be sold to a local utility.
    Applicant Contact: Mr. Daniel R. Irvin, Free Flow Power
Corporation, 239 Causeway Street Suite 300, Boston MA 01244; phone
(978) 252-7631.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-
filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14151-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: May 18, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-12873 Filed 5-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Page 32456]
[FR Doc No: 2019-14467]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9996-29-Region 2]

Proposed CERCLA Cost Recovery Settlement Regarding the PJP
Landfill Superfund Site, Hudson County, New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA''),
notice is hereby given by the U.S. Environmental Protection Agency
(``EPA''), Region 2, of a proposed cost recovery settlement agreement
pursuant to CERCLA between EPA and CWM Chemical Services, LLC; Edlin,
Ltd; Edwin Siegel; New Jersey Department of Transportation; Roman
Catholic Archdiocese of Newark; Tooley Enterprises; and Waste
Management of New Jersey, Inc. (``Settling Parties'') regarding the PJP
Landfill Superfund Site, Jersey City, New Jersey (``Site''). Pursuant
to the proposed cost recovery settlement agreement, the Settling
Parties will pay $143,088 to resolve the Settling Parties' civil
liability under Section 107(a) of CERCLA for certain past response
costs.

DATES: Comments must be submitted on or before August 7, 2019.

ADDRESSES: The proposed settlement agreement is available for public
inspection at EPA's Region 2 offices. To request a copy of the proposed
settlement agreement, please contact the EPA employee identified in the
FOR FURTHER INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT: Leena Raut, Assistant Regional
Counsel, U.S. Environmental Protection Agency, Region 2, Office of
Regional Counsel, 290 Broadway--17th Floor, New York, New York 10007-
1866. Email<EMAIL_ADDRESS>Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For 30 days following the date of
publication of this notice, EPA will receive written comments
concerning the proposed cost recovery settlement agreement. Comments to
the proposed settlement agreement should reference the PJP Landfill
Superfund Site, U.S. EPA Index No. CERCLA-02-2018-2017. EPA will
consider all comments received during the 30-day public comment period
and may modify or withdraw its consent to the settlement agreement if
comments received disclose facts or considerations that indicate that
the proposed settlement agreement is inappropriate, improper, or
inadequate. EPA's response to comments will be available for public
inspection at EPA's Region 2 offices located at 290 Broadway, New York,
NY 10007-1866.

    Dated: June 14, 2019.
Pat Evangelista,
Acting Director, Superfund and Emergency Management Division, Region 2.
[FR Doc. 2019-14467 Filed 7-5-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 21096-21097]
[FR Doc No: 2011-8960]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0152]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated March 9, 2011, the National Railroad Passenger
Corporation (Amtrak) has petitioned the Federal Railroad Administration
(FRA) for a modification of the regulatory relief previously granted in
Docket Number FRA-2010-0152. Specifically, by letter dated January 31,
2011, FRA granted Amtrak limited, conditional relief from the
requirements of 49 CFR 240.117(e)(1)-(4), 240.305(a)(1)-(4),
240.305(a)(6), and 240.307 as applicable to a proposed Confidential
Close Call Reporting System (C3RS) pilot project. As proposed by Amtrak
in its initial waiver request and approved by FRA, the boundaries of
the C3RS pilot project were defined to include certain portions of its
facilities at the following nine locations: (1) South Hampton Street,
Boston, MA; (2) New Haven Parcel G, New Haven, CT; (3) Sunnyside Yard,
Long Island City, NY; (4) Penn Coach Yard and Race Street Engine House,
Philadelphia, PA; (5) Washington, DC; (6) Miami, FL; (7) Los Angeles,
CA, (8) Chicago, IL; and (9) Seattle, WA. For a more detailed
description of the project's initial boundaries, see FRA's Notice of
Petition for Waiver of Compliance published on November 2, 2010, 75 FR
67451. All relevant documents related to Amtrak's initial waiver
request and FRA's decision letter responding to that request is
available for review online at http://www.regulations.gov under the
docket number referenced above.
    With its petition dated March 9, 2011, Amtrak submitted to FRA
``Amendment No. 1 to the Confidential Close Call Reporting System
Implementing Memorandum of Understanding (C3RS/IMOU) dated May 11,
2010.'' That Amendment to the C3RS/IMOU seeks to expand the boundaries
of the C3RS project to include Amtrak's Oakland, CA yard, including
``all yard tracks and mechanical facilities within limits to include
the West Oakland Amtrak lead to the South Magnolia Amtrak lead.'' A
copy of the petition, as well as any written communications concerning
the petition is available for review online at http://www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave., SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays. If you
do not have access to the Internet, please contact FRA's Docket Clerk
at<PHONE_NUMBER> who will provide necessary information concerning the
contents of the petition.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
    Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.

     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 16, 2011 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and 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 DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on April 8, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory & Legislative Operations.
[FR Doc. 2011-8960 Filed 4-13-11; 8:45 am]
BILLING CODE 4910-06-P