[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Rules and Regulations]
[Pages 19901-19903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10654]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 330

9 CFR Part 94

[Docket No. 93-037-2]


Garbage; Disposal by Cruise Ships in Landfills at Alaskan Ports

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations that apply to garbage that can 
introduce diseases or pests of livestock, poultry, or plants. This 
amendment will allow cruise ships to dispose of garbage in landfills at 
certain Alaskan ports. This will 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 will 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.

EFFECTIVE DATE: May 27, 1997.

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 and 9 CFR 94.5 are intended to prevent the 
dissemination of plant pests and 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 
or 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, these methods are limited to certain situations 
and are often impractical.
    On April 5, 1996, we published in the Federal Register (61 FR 
15201-15204,

[[Page 19902]]

Docket No. 93-037-1), a proposal to amend the regulations in 7 CFR part 
330 and 9 CFR part 94 to allow certain cruise ships to dispose of 
garbage in landfills at Alaskan ports.
    We solicited comments concerning our proposal for 60 days ending 
June 4, 1996. We received 2 comments by that date. They were both from 
cruise ship industry representatives.
    One commenter supported the proposed rule, as written, in its 
entirety.
    The other commenter suggested three changes: First, clarify that 
the regulation as proposed would apply to individual ships rather than 
to a company's entire fleet; second, allow ships to ``incidentally'' 
traverse international waters between Alaskan and Canadian ports; and 
third, allow ships to visit west coast U.S. ports outside of Alaska.
    We have carefully considered these suggestions and determined that 
all of them are worthwhile. We are therefore amending the proposed 
regulation to adopt them. As requested, we are amending the proposed 
regulation to clarify that it applies to individual ships rather than 
to a company's entire fleet. This was always our intention. We are also 
amending the proposed regulation to allow cruise ships to incidentally 
enter international waters in order to safely navigate between ports 
along the rugged coast of Alaska and Canada. Such movements through 
international waters should pose no disease risk.
    In addition, we are amending the proposed regulations to provide 
that cruise ships may include United States or Canadian ports of call 
in their Alaska cruise itinerary. Such cruise ships calling at ports on 
the west coast of the United States or Canada can obtain stores only of 
United States or Canadian origin. This would not change the stores 
status of the vessel, i.e., whether the vessel has restricted or 
prohibited materials on board.
    However, cruise ship operators should note that garbage offloaded 
from those vessels at West Coast ports will be required to be 
incinerated or sterilized, because it is considered regulated garbage 
under Secs. 330.400(c) and 94.5(b). Although, as explained in our 
proposed rule, the climate, the types and location of animals in 
Alaska, and other conditions in Alaska where landfills are located, 
result in an insignificant risk of pest or disease spread from garbage 
from such cruise ships. However, the climate, types and location of 
animals, and other conditions at ports on the west coast of the lower 
48 states are very different. Material which poses an insignificant 
risk if disposed of in Alaska under the conditions which exist there 
could pose a significant risk if disposed of at a port elsewhere in the 
United States. This is especially true for materials which might 
transmit plant pests or diseases.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule, with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
rule 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, no major change in current practice is required.
    Allowing for the continued use of landfills will 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 will be affected by this rule is U.S.-owned and none is 
classified as a ``small'' entity (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. The Administrator has authority, in specific cases, to approve 
the removal of regulated garbage in a manner that is adequate to 
prevent the dissemination of plant pests and livestock or poultry 
diseases into the United States. Under this authority, the 
Administrator has already approved, on a case by case basis, the 
removal of regulated garbage from cruise ships to Alaskan landfills. 
Because the amendments to the regulations only change these case by 
case exceptions generally granted to a rule of general applicability, 
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 will 
not have a significant economic impact on a substantial number of small 
entities.
    The alternatives to this 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 case by case exceptions which are now 
granted 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 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
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 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 rule 
will not present a risk of introducing or disseminating plant or animal 
diseases or pests and will 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

[[Page 19903]]

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 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 are 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 continues 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 is added at 
the end of the paragraph to read as follows:


Sec. 330.400  Regulation of certain garbage.

* * * * *
    (g)(1) * * * Provided that, a cruise ship may dispose of regulated 
garbage in landfills at Alaskan ports only, if and only if the cruise 
ship does not have prohibited or restricted meat or animal products on 
board at the time it enters Alaskan waters for the cruise season, and 
only if the cruise ship, except for incidental travel through 
international waters necessary to navigate safely between ports, 
remains in Canadian and U.S. waters off the west coast of North 
America, and calls only at continental U.S. and Canadian ports during 
the entire cruise season.
* * * * *

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

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

    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 is added at the 
end of the paragraph to read as follows:


Sec. 94.5  Regulation of certain garbage.

* * * * *
    (f)(1) * * * Provided that, a cruise ship may dispose of regulated 
garbage in landfills at Alaskan ports only, if and only if the cruise 
ship does not have prohibited or restricted meat or animal products on 
board at the time it enters Alaskan waters for the cruise season, and 
only if the cruise ship, except for incidental travel through 
international waters necessary to navigate safely between ports, 
remains in Canadian and U.S. waters off the west coast of North 
America, and calls only at continental U.S. and Canadian ports during 
the entire cruise season.
* * * * *
    Done in Washington, DC, this 18th day of April 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-10654 Filed 4-23-97; 8:45 am]
BILLING CODE 3410-34-P