[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Proposed Rules]
[Pages 15201-15204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8472]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 61, No. 67 / Friday, April 5, 1996 / Proposed 
Rules  

[[Page 15201]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 330

9 CFR Part 94

[Docket No. 93-037-1]


Garbage; Disposal by Cruise Ships in Landfills at Alaskan Ports

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations that apply to 
garbage that can introduce diseases or pests of livestock, poultry, or 
plants. The amendment would allow cruise ships to dispose of garbage in 
landfills at certain Alaskan ports. This would apply only to cruise 
ships that do not have prohibited or restricted meat or animal products 
in the vessel stores. This amendment to the regulations would reduce 
the cost of disposing of cruise ship garbage at Alaskan ports, while 
continuing to help prevent the spread of plant pests and livestock and 
poultry diseases into or within the United States.

DATES: Consideration will be given only to comments received on or 
before June 4, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 93-037-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 93-037-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Ronald B. Caffey, Assistant to the 
Deputy Administrator, Veterinary Medical Office, PPQ, APHIS, Suite 
4C03, 4700 River Road Unit 129, Riverdale, MD 20737-1236, (301) 734-
7633.

SUPPLEMENTARY INFORMATION:

Background

    Our regulations concerning garbage are contained in 7 CFR 330.400 
and 9 CFR 94.5 (referred to below as ``the regulations''). The 
regulations in 7 CFR 330.400 are intended to prevent the dissemination 
of plant pests and diseases. The regulations in 9 CFR 94.5 are intended 
to prevent the dissemination of animal diseases.
    Garbage is defined in Sec. 330.400(b) and Sec. 94.5(a) as all waste 
material that is derived in whole or in part from fruits, vegetables, 
meats, or other plant or animal (including poultry) material, and other 
refuse of any character whatsoever that has been associated with any 
such material on board any means of conveyance, and including food 
scraps, table refuse, galley refuse, food wrappers or packaging 
materials, and other waste material from stores, food preparation 
areas, passengers' or crews' quarters, dining rooms, or any other areas 
on means of conveyance. Garbage also means meals and other food that 
were available for consumption by passengers and crew on an aircraft 
but were not consumed.
    Certain garbage is regulated under our regulations. There are three 
categories of regulated garbage: (1) Garbage that is on or removed from 
a means of conveyance if, at the time the garbage is on or removed from 
the means of conveyance, the means of conveyance has been in any port 
outside the continental United States and Canada within the previous 2-
year period (see Secs. 330.400(c) and 94.5(b) for definition; see 
Secs. 330.400(c)(1) and (c)(2) and Secs. 94.5(b)(1) and (b)(2) for 
exceptions); (2) garbage that is on or removed from a means of 
conveyance if, at the time the garbage is on or removed from the means 
of conveyance, the means of conveyance has moved during the previous 1-
year period, either directly or indirectly, to the continental United 
States from any territory or possession or from Hawaii; to any 
territory or possession from any other territory or possession or from 
Hawaii; or to Hawaii from any territory or possession (see 
Secs. 330.400(d) and 94.5(c) for definition; see Secs. 330.400(d)(2) 
and 94.5(c)(2) for exceptions); and (3) garbage that is commingled with 
regulated garbage (see Secs. 330.400(e) and 94.5(d)).
    Under our regulations, regulated garbage must be stored in tight, 
leak-proof, covered receptacles on board a means of conveyance while 
the means of conveyance is in the territorial waters or while otherwise 
within the territory of the United States. Also, regulated garbage must 
be removed from the means of conveyance in tight, leak-proof 
receptacles under the direction of an Animal and Plant Health 
Inspection Service (APHIS) inspector to an approved facility for 
incineration, sterilization, or grinding into an approved sewage 
system, under supervision of an APHIS inspector. Regulated garbage may 
be removed for other handling in a manner and under such supervision as 
the Administrator, APHIS, may approve in specific cases. Other handling 
is approved only if it complies with the applicable laws for 
environmental protection and is adequate to prevent the dissemination 
of plant pests and livestock or poultry diseases into or within the 
United States. (See Secs. 330.400(g)(1) and 94.5(f)(1).)
    Garbage can also be disposed of outside the territorial limits of 
the United States by dumping or in on-board incinerators, sterilizers, 
or grinders. However, as explained elsewhere in this document, these 
methods are limited to certain situations and are often impractical.
    Cruise ships that sail between Alaskan ports currently dispose of 
their garbage in landfills at Alaskan ports. The Administrator has 
approved this alternate disposal method because we believe the garbage 
would pose no disease risk to livestock or crops in the United States.
    Disposing of garbage on the high seas, or by using on-board 
incinerators or grinders was and is impractical for cruise ships 
operating off the west coast of Alaska and Canada. The International 
Convention on the Prevention of Pollution from Ships at Sea, Annex V, 
ratified by the United States in 1988, prohibits dumping any plastics 
into the ocean. To dispose of garbage, all plastics must be separated 
from the rest of the garbage and retained on board the vessel

[[Page 15202]]
for separate disposal. This is not practical for most cruise ships. 
Using on-board garbage grinders is also impossible, because cruise 
ships along the west coast of Alaska remain in United States and 
Canadian territorial waters, and both the United States and Canada 
prohibit use of on-board grinders within their territorial waters. 
Using on-board garbage incinerators is also usually impractical for 
cruise ships, because on-board incinerators are usually small units, 
not intended for disposing of all of a ship's garbage. In addition, on-
board incinerators can only be used when on-board odors are not a 
problem.
    Cruise ships usually dispose of regulated garbage by off-loading 
and incinerating or sterilizing it. Prior to 1991, Alaska had no 
approved incinerators or sterilizers that could be used by cruise 
ships. There was a small incinerator at Anchorage, but it was available 
and used only for disposal of aircraft garbage. There are no facilities 
in Alaska suitable for sterilizing maritime garbage. Grinding garbage 
into an approved sewage system is also listed in our regulations as an 
approved method of disposing of regulated garbage. However, there are 
no sewage systems in Alaska approved for the disposal of maritime 
garbage.
    In 1991 an incinerator in Juneau, Alaska, was approved for disposal 
of regulated maritime garbage. Because of the availability of this 
facility, in early 1992 APHIS notified all cruise lines operating 
vessels in Alaskan waters that regulated garbage would thereafter have 
to be disposed of in accordance with the regulations. APHIS 
specifically informed cruise lines that disposal of cruise ship garbage 
in landfills at Alaskan ports would no longer be allowed.
    The cruise lines questioned the need for and practicality of our 
policy changes and said they did not have enough time to prepare for 
the policy change before the next cruise season began. After 
discussions with representatives of the cruise lines, APHIS agreed 
verbally in 1992 to temporarily withdraw the policy change. APHIS and 
cruise line representatives also agreed that APHIS would conduct a risk 
assessment of the situation. If the risk assessment was positive--that 
is, if disposing of regulated garbage from cruise ships in landfills at 
Alaskan ports presented a risk to livestock or crops in the United 
States--then cruise ships would have to comply with the regulations. In 
the mean time, APHIS agreed that cruise ships could continue to dispose 
of regulated garbage in landfills at Alaskan ports, provided that the 
ships have no meat or animal products on board that are prohibited or 
restricted under the regulations in 9 CFR part 94. These meats and 
animal products are prohibited or restricted in order to prevent the 
possible spread into the United States of various diseases of livestock 
and poultry, including foot-and-mouth disease.
    APHIS has completed an assessment of the pest and disease risks 
posed by this situation. The risk assessment was limited to regulated 
garbage that was removed from cruise ships operating in waters off the 
west coast of Alaska and Canada and disposed of in landfills at Alaskan 
ports. These ships did not have any prohibited or restricted meat or 
animal products on board at the time the cruise ships entered Alaskan 
waters. The results of the study were that there is no undue risk of 
animal or plant disease or pest introduction.
    The ecology, wildlife, and agriculture of Alaska are vastly 
different from the 48 contiguous States. No plant diseases or pests 
have been identified as posing any risk in Alaska. This is because no 
plant pest or disease of concern can survive the Alaskan climate. APHIS 
identified foot-and-mouth disease (FMD) as the livestock disease of 
greatest risk in Alaska. Ruminants and swine are the animal species at 
risk for FMD. At-risk animals could be infected by exposure to garbage 
in landfills.
    Requiring cruise ships to have no prohibited or restricted meat or 
animal products on board at the time they enter Alaskan waters 
minimizes any possibility that infectious materials would be disposed 
of in landfills. The nature of agriculture and wildlife in Alaska 
minimizes the possibility of animals being exposed to landfill garbage. 
In Alaska, there are no wild swine, and very few herds of domestic 
swine. There are many wild ruminants, such as deer, elk, and moose. 
However, there are very few herds of domestic sheep, goats, and cattle. 
None of the herds of domestic livestock are located near landfills 
where cruise ship garbage is buried. Domestic Alaskan livestock are 
therefore unlikely to be exposed to garbage disposed of in landfills. 
Wild ruminants could be exposed to landfill garbage. However, ruminants 
do not normally ``graze'' on landfills. In addition, experts do not 
believe wild ruminant populations would sustain an FMD infection 
without being continually exposed to infected domestic animals. In 
Alaska, any FMD infection within the wild ruminant population would 
therefore die out before it could present a threat to livestock. Under 
these circumstances, any outbreak of FMD could be easily contained and 
eradicated.
    Based on this risk assessment, we have determined that continuing 
to allow regulated garbage from cruise ships to be disposed of in 
Alaskan landfills would not present any significant pest or disease 
risk as long as the cruise ships do not have meat or animal products on 
board that are restricted or prohibited under the regulations in 9 CFR 
part 94. This amendment would also apply only to cruise ships that 
remain in Alaskan or Canadian waters for the entire cruise season. We 
are therefore proposing to amend 7 CFR 300.400(g)(1) and 9 CFR 
94.5(f)(1) to reflect this determination. Cargo ships and other 
conveyances, including cruise ships that do not comply with these 
requirements, would continue to be required to follow existing 
regulations in 7 CFR 330.400 and 9 CFR 94.5.
    Under our proposed regulations, only cruise ships meeting certain 
requirements would be allowed to dispose of regulated garbage in 
landfills at Alaskan ports. Qualifying cruise ships would be prohibited 
from having prohibited or restricted meat or animal products on board 
at the time they enter Alaskan waters for the cruise season. Cruise 
ships would be inspected by APHIS inspectors at the beginning of each 
cruise season (approximately mid-May, depending on weather conditions). 
Many types of meat and animal products are prohibited or restricted 
under the regulations in 9 CFR part 94, in order to prevent the spread 
into the United States of various diseases of livestock and poultry. 
Among the meats and other products prohibited or restricted under 9 CFR 
part 94 are fresh, chilled, and frozen meat of ruminants and swine that 
originate in any country where rinderpest or FMD exists. Countries 
where rinderpest or FMD exists are listed in Sec. 94.1(a) of those 
regulations. Neither rinderpest nor FMD exists in Canada or in the 
United States. Prohibiting cruise ships from having prohibited or 
restricted meat or animal products on board would prevent the possible 
spread of livestock and poultry diseases into the United States.
    Qualifying cruise ships would also be required to remain in Alaskan 
or Canadian waters for the entire cruise season. This would preclude 
any possibility of prohibited or restricted meat or animal products 
being brought on board the vessel.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule

[[Page 15203]]
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    There is a shortage of incinerators and sterilizers accessible to 
cruise ships in Alaska. Incinerators are now available to dispose of 
regulated maritime garbage only at Juneau, Ketchikan and Sitka. 
Sterilizers to dispose of maritime garbage are not available. Further, 
it is impractical for cruise ships to dispose of all regulated garbage 
in on-board incinerators or grinders, or by dumping on the high seas.
    During the period when cruise ship garbage is incinerated, the 
total volume of garbage is too great for all of the garbage to be 
incinerated. We are, therefore, currently allowing certain cruise ships 
to dispose of regulated garbage in landfills at Alaskan ports. These 
are ships which have no prohibited or restricted meat or animal 
products on board at the time they enter Alaskan waters, and which 
remain in Alaskan or Canadian waters during the entire cruise season. 
Therefore, if this proposed rule is adopted, no major change in current 
practice would be required.
    Allowing for the continued use of landfills would have a beneficial 
economic impact on cruise ships, as landfill disposal is less expensive 
than incineration. Our information indicates that none of the cruise 
ships that would be affected by this proposed rule are U.S.-owned and 
none would be classified as ``small'' entities (defined as having fewer 
than 500 employees, according to Small Business Administration (SBA) 
size criteria.)
    We also foresee no economic impact on incinerator or landfill 
owners. Because the proposed amendments to the regulations only bring 
the regulations into conformance with current practices, there should 
be no impact of any kind on incinerator or landfill operations.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.
    The alternatives to this proposed rule would be to take no action 
or to prohibit disposal of all cruise ship garbage in landfills at 
Alaskan ports. We do not consider prohibiting such garbage disposal a 
reasonable alternative. Prohibiting such garbage disposal would disrupt 
industry operations without any salutary effect on disease or pest 
risk. We also do not consider doing nothing a reasonable alternative. 
Doing nothing would continue the informal requirements which are now in 
effect without giving notice to the public.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this proposed rule. The assessment provides a 
basis for the conclusion that the disposal, in landfills at Alaskan 
ports, of garbage from cruise ships under the conditions specified in 
this proposed rule would not present a risk of introducing or 
disseminating plant or animal diseases or pests and would not have a 
significant impact on the quality of the human environment. Based on 
the finding of no significant impact, the Administrator of the Animal 
and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the 
Council on Environmental Quality for implementing the procedural 
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations 
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing 
Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection at USDA, room 
1141, South Building, 14th Street and Independence Avenue SW., 
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. Persons wishing to inspect copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 330

    Customs duties and inspections, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR part 330 and 9 CFR part 94 would be amended as 
follows:

PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; 
SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

    1. The authority citation for part 330 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150bb, 150dd-150ff, 161, 162, 164a, 
450, 2260; 19 U.S.C. 1306; 21 U.S.C. 111, 114a; 136 and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, 4332; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In Sec. 330.400, paragraph (g)(1), a new sentence would be added 
at the end of the paragraph to read as follows:


Sec. 330.400  Regulation of certain garbage.

* * * * *
    (g)(1) * * * Provided that, cruise ships may dispose of regulated 
garbage in landfills at Alaskan ports if the cruise ships do not have 
prohibited or restricted meat or animal products on board at the time 
they enter Alaskan waters for the cruise season, and if the cruise 
ships remain in Alaskan or Canadian waters for the entire cruise 
season.
* * * * *

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE 
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: 
PROHIBITED AND RESTRICTED IMPORTATIONS

    3. The authority citation for part 94 would continue to read as 
follows:


[[Page 15204]]

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).

    4. In Sec. 94.5, paragraph (f)(1), a new sentence would be added at 
the end of the paragraph to read as follows:


Sec. 94.5  Regulation of certain garbage.

* * * * *
    (f)(1) * * * Provided that, cruise ships may dispose of regulated 
garbage in landfills at Alaskan ports if the cruise ships do not have 
prohibited or restricted meat or animal products on board at the time 
they enter Alaskan waters for the cruise season, and if the cruise 
ships remain in Alaskan or Canadian waters for the entire cruise 
season.
* * * * *
    Done in Washington, DC, this 2nd day of April 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8472 Filed 4-4-96; 8:45 am]
BILLING CODE 3410-34-P