[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13073-13074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04319]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2012-1049]
Interim Guidance for Revised Implementation of the International
Convention for the Prevention of Pollution From Ships (MARPOL), Annex V
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability.
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SUMMARY: The Coast Guard announces the availability of CG-CVC Policy
Letter 13-01, ``Interim Guidance for Revised MARPOL Annex V
Implementation.'' On July 15, 2011, the International Maritime
Organization's (IMO) Marine Environment Protection Committee (MEPC)
formally adopted Resolution MEPC.201(62), which amends the
International Convention for the Prevention of Pollution from Ships
(MARPOL) Annex V, by establishing a general prohibition on discharges
of garbage into the sea. The amendments in Resolution MEPC.201(62)
entered into force on January 1, 2013. CG-CVC Policy Letter 13-01
provides interim guidance to assist U.S. flagged and foreign flagged
oceangoing ships regarding compliance with the amendments in Resolution
MEPC.201(62) until the Coast Guard updates the applicable regulations
in 33 CFR part 151.
DATES: The effective date for the amendments in Resolution MEPC.201(62)
was January 1, 2013. CG-CVC Policy Letter 13-01 is effective as of
February 26, 2013.
ADDRESSES: This notice and the documents referenced within are
available in the docket and can be viewed by going to
www.regulations.gov and using ``USCG-2012-1049'' as your search term.
CG-CVC Policy Letter 13-01 can also be viewed on the Coast Guard's Web
site at http://homeport.uscg.mil by referring to the left side menu and
following the links to ``Domestic Vessels,'' ``Domestic Vessel
Policy,'' and ``Office of Commercial Vessel Compliance (CG-CVC) Policy
Letters.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or CG-CVC Policy Letter 13-01, call or email LT John Peterson, U.S.
Coast Guard, Office of Commercial Vessel Compliance (CG-CVC-1),
telephone (202) 372-1226, or email [email protected]. If you have
questions on viewing material in the docket, call Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The United States implements MARPOL Annex V through the Act to
Prevent Pollution from Ships (33 U.S.C. 1901, et. seq.). On July 15,
2011, the IMO's MEPC formally adopted Resolution MEPC.201(62), which
amends MARPOL Annex V 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 or additives contained in cargo hold, deck, and external surface
wash waters, and animal carcasses. The amendments in Resolution
MEPC.201(62) entered into force on January 1, 2013.
The Coast Guard intends to revise its regulations in 33 CFR part
151 to conform with the amendments in Resolution MEPC.201(62). These
conforming regulatory provisions were not finalized prior to January 1,
2013. The lack of updated regulations does not exempt ships from
meeting the requirements of the amended MARPOL Annex V. CG-CVC Policy
Letter 13-01 provides interim guidance to assist U.S. flagged and
foreign flagged oceangoing ships regarding compliance with the
amendments in Resolution MEPC.201(62) until the Coast Guard updates the
applicable regulations.
As of January 1, 2013, all U.S. flagged ships and fixed or floating
platforms are expected to meet the requirements of the amended MARPOL
Annex V. This is particularly important for U.S. flagged ships
(including recreational and uninspected ships) on international voyages
that want to avoid Port State control actions. For U.S. ships operating
[[Page 13074]]
strictly on domestic routes, Coast Guard Marine Inspectors should
verify compliance with amended MARPOL Annex V during normally scheduled
inspections, but inspectors are encouraged to use an educational
outreach and awareness approach. Additionally, current enforcement
options remain in place for willful and egregious violators or repeat
offenders.
Additionally, all foreign flagged ships operating in the navigable
waters of the U.S. or the Exclusive Economic Zone \1\ of the U.S. are
expected to meet the requirements of amended MARPOL Annex V.\2\ Coast
Guard Port State Control Officers should verify a foreign flag ships'
compliance with MARPOL Annex V during normally scheduled Port State
Control examinations.
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\1\ With respect to the United States (including the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, American Samoa, the United States Virgin
Islands, and any other territory or possession over which the United
States exercises sovereignty), exclusive economic zone means the
zone seaward of and adjacent to the territorial sea, including the
contiguous zone, and extending 200 nautical miles from the
territorial sea baseline (except where otherwise limited by treaty
or other agreement recognized by the United States) in which the
United States has the sovereign rights and jurisdiction and all
nations have the high seas freedoms mentioned in Presidential
Proclamation 5030 of March 10, 1983 (33 CFR 2.30(a)).
\2\ See 33 U.S.C. 1902(a)(3).
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The guidance in CG-CVC Policy Letter 13-01 is neither a substitute
for applicable legal requirements, nor a rule. It is not intended nor
does it impose legally-binding requirements on any party. It represents
the Coast Guard's current policy on this topic and may assist industry,
mariners, the general public, and the Coast Guard, as well as other
Federal and state regulators, in applying statutory and regulatory
requirements. An alternative approach may be used for complying with
these requirements if the approach satisfies the requirements of the
applicable statutes and regulations. If you want to discuss an
alternative approach, you may contact the Coast Guard Office of
Commercial Vessel Compliance (CG-CVC-1) using the methods provided in
the FOR FURTHER INFORMATION CONTACT section above.
Authority: This notice is issued under authority of 5 U.S.C.
552(a) and 33 U.S.C. 1901 et seq.
Dated: February 19, 2013.
P.F. Thomas,
Captain, U.S. Coast Guard, Director, Inspections and Compliance.
[FR Doc. 2013-04319 Filed 2-25-13; 8:45 am]
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