[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Proposed Rules]
[Pages 20770-20778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10140]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 159

[CGD17-01-003]
RIN 2115-AG12


Discharge of Effluents in Certain Alaskan Waters by Cruise Vessel 
Operations

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes regulations regarding sewage and 
graywater discharges from certain cruise vessels transiting applicable 
waters of Alaska. Operators of cruise vessels carrying 500 or more 
passengers and transiting applicable waters of Alaska are restricted in 
where they may discharge effluents and would be required to perform 
testing of sewage and graywater discharges and maintain records of such 
discharges. The Coast Guard would inspect, monitor, and oversee this 
process to ensure compliance with applicable water quality laws and 
regulations.

DATES: Comments and related material must reach the Coast Guard on or 
before May 25, 2001.

ADDRESSES: You may mail comments and related material to the Commander 
Seventeenth Coast Guard District (m), P.O. Box 25517, Juneau, AK, 
99802-5517, or deliver them to room 751 of the Federal Building in 
Juneau, AK between 9:30 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 907-463-2802. You must also 
mail comments on collection of information to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, 725 17th 
Street NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
    The Coast Guard Seventeenth District (m) Secretary maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at room 751, U.S. Coast Guard 
Seventeenth District (m), between 9:30 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Spencer Wood, Seventeenth 
District (moc), 907-463-2809.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD17-01-
003), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
two copies of all comments and related material in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.
    We are using 30-day comment period for this rulemaking. Due to the 
localized interest in this proposed regulation, we feel that this 
comment period will allow all interested parties enough time to file 
comments with the Coast Guard. Additionally, because the Alaska cruise 
season is seasonal, a shorter comment period is needed in order to 
allow for publication of a Final Rule before the 2001 season ends in 
mid-September.

[[Page 20771]]

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the docket at the address under ADDRESSES explaining 
why one 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.

Background and Purpose

    Congress passed ``Title XIV--Certain Alaskan Cruise Ship 
Operations'' of the Miscellaneous Appropriations Bill (H.R. 5666) on 
December 21, 2000 in the Consolidated Appropriations Act of 2001 (P.L. 
106-554) [``Title XIV''] in response to public concern with 
environmental impacts of cruise vessels on Alaska waters. This 
legislation was drafted in the wake of past incidents of illegal 
wastewater discharges, the discovery of high levels of fecal coliform 
in legal discharges of treated sewage and graywater, the projected 
growth of the industry, and the trend within the industry towards 
larger vessels that carry over 5000 people. In December of 1999, a task 
force comprised of representatives from the federal government, State 
government, the cruise industry, and environmental groups was 
established to develop voluntary procedures for sampling and analyzing 
wastes generated by cruise vessels while operating in Alaska's waters 
during the 2000 cruise vessel season.
    During the summer 2000 cruise season, the relevant segment of the 
cruise industry voluntarily agreed not to discharge treated sewage or 
graywater while in port, not to discharge garbage or untreated sewage 
in Southeast Alaska's ``Donut Holes'' (bodies of water greater than 
three miles from any shoreline yet within Alaska's inside passage), and 
not to discharge treated sewage or graywater, unless more than 10 miles 
from port and proceeding at a speed of not less than 6 knots.
    Additionally, a voluntary sampling and testing protocol and Quality 
Assurance/Quality Control Plan (QA/QPC) for treated sewage and 
graywater were developed. The protocol and QA/QPC were applied to 21 
cruise vessels calling on Alaska ports during the 2000 season.
    The test results revealed that the majority of the vessels' 
discharges, both treated sewage and graywater, exceeded marine 
sanitation device (MSD) design standards for water quality of 200 fecal 
coliform per 100 milliliters and 150 milligrams per liter total 
suspended solids (TSS). The high levels of fecal coliform and TSS found 
in treated sewage indicate that the MSDs used by cruise vessels may not 
be operating properly or functioning as designed. The Coast Guard 
boarded 15 vessels as a result of high fecal coliform and TSS levels. 
Five vessels were found to have evidence of improperly functioning 
MSDs. The source of the high fecal coliform and TSS found in graywater 
has yet to be positively determined.
    Concurrent with this voluntary sampling process, Congress was 
drafting legislation that addressed sewage and graywater discharges in 
Alaska's waters and sought to close the ``Donut Holes'' located in 
Southeast Alaska's Inside Passage to untreated sewage discharge. This 
legislation was enacted into law on December 21, 2000, as part of the 
Consolidated Appropriations Act of 2001 in the form of Title XIV.
    These proposed regulations are in response to Title XIV statutory 
mandate to draft implementing regulations. Section 1406 of Title XIV 
directs the Secretary to incorporate into the commercial vessel 
examination program an inspection regime sufficient to verify that 
operators of cruise vessels carrying 500 or more passengers and 
visiting ports in the State of Alaska or operating in the applicable 
waters of Alaska are in full compliance with the environmental record 
keeping and equipment requirements of Title XIV, the Federal Water 
Pollution Control Act, as amended, and any regulations issued there 
under, other applicable Federal laws and regulations, and all 
applicable international treaty requirements. The applicable waters of 
Alaska are defined as the waters of the Alexander Archipelago, the 
navigable waters of the United States within the State of Alaska, and 
the Kachemak Bay National Estuarine Research Reserve.

Discussion of Proposed Rule

    This rule would establish a regime for documentation and testing of 
treated sewage and graywater effluent as prescribed by Title XIV. The 
rule would apply to cruise vessels that carry at least 500 passengers, 
and operate in the navigable waters of the United States within the 
State of Alaska. This area extends out three nautical miles from the 
shore along any portion of land that is included within the 
jurisdiction of the State of Alaska. The rule also would apply to the 
same class of cruise vessels that operate in the Alexander Archipelago 
and the Kachemak Bay National Estuarine Research Reserve. The area 
designated as ``The Alexander Archipelago'' is defined in this proposed 
rule at Sec. 159.305. The definition closes areas of the Archipelago 
that would otherwise be open to dumping of untreated sewage. The rule 
would not affect normal transit through the designated areas. The rule 
would not apply in an emergency situation that threatens the safety of 
the vessel or its passengers.
    Under this rule cruise vessels would maintain a Sewage and 
Graywater Discharge Record Book while operating in the applicable 
waters of Alaska. The content of the record book is designed to enable 
appropriate Coast Guard oversight of sewage and graywater handling 
practices and ensure compliance with Title XIV. The prescribed format 
is intended to facilitate both the entry of data, as well as the review 
of data by the Coast Guard. The Coast Guard is interested in input from 
the cruise industry and interested members of the public on any 
additional information that should be included in the Sewage and 
Graywater Discharge Record Book to enhance data collection and 
interpretation of sample test results.
    This rule would prohibit the discharge of untreated sewage within 
the designated areas. It also provides for sewage and graywater 
discharge effluent standards, and establishes an interim treated sewage 
standard. To discharge treated sewage and graywater while in the 
applicable waters of Alaska, a cruise vessel would need to be underway 
at a speed of at least 6 knots and be at least one nautical mile from 
the nearest shore. Further, the vessel's discharge would need to comply 
with all applicable effluent standards, including those contained 
within this rule. Lastly, the vessel could not be in an area where such 
discharge is prohibited. There are currently no areas within the 
applicable waters of Alaska that have been designated as an area where 
such discharge is prohibited.
    The rule also would allow for discharges of treated sewage and 
graywater inside of one mile from shore and at speeds less than six 
knots for vessels with effluent treatment systems that can treat sewage 
and graywater to a much stricter standard. To employ this provision a 
vessel would have to provide 30 days notice of the intended discharge 
to the appropriate Captain of the Port (COTP). In the notice the vessel 
would verify that the effluents it intends to discharge meet the 
minimum fecal coliform and residual chlorine standards listed in 
159.307(b) of this rule and the standards set forth in 40 CFR 133.102. 
To satisfy these standards the vessel would provide to the COTP the 
test results of 5 samples taken over a 30-day period that meet the 
requirements. Further, for a vessel to

[[Page 20772]]

use this exemption it would have to demonstrate its continued 
compliance with this proposed rule by sampling and testing for 
conventional pollutants, as defined in 40 CFR Part 401.16, periodically 
as determined by the COTP and in accordance with the cruise vessel's 
Quality Assurance/Quality Control Plan (QA/QCP).
    To ensure a viable sampling regime it is necessary to conduct 
sampling in accordance with a thorough and well developed QA/QPC with 
Vessel Specific Sampling Plan (VSSP). These documents would define the 
vessel, sampler, and laboratory's responsibilities in the process of 
discharge sampling and analysis to ensure the results are timely and 
accurate. The vessel owner/operator, and/or subcontracted sampling team 
and laboratory, using the outline in the regulation as a minimum 
standard, may craft the plans. Sample plans may be obtained from the 
Seventeenth Coast Guard District (moc) office or the Coast Guard Marine 
Safety office in Juneau, Alaska. Under the proposed rule the Coast 
Guard will review and either accept or reject the plans, and determine 
when and from which sampling ports samples will be drawn. In accordance 
with the accepted plans, a third party, contracted by the cruise 
vessel, would conduct the sampling and deliver the samples to a 
laboratory for analysis.
    Between 30 and 120 days prior to coming into the applicable waters 
of Alaska, cruise vessel owners/operators would self certify that the 
vessel's effluents meet the minimum standards established by the 
Administrator of the Environmental Protection Agency. In the absence of 
such standards they would certify that they meet the minimum standards 
described in this rule. Title XIV provides for the Administrator to 
establish minimum effluent standards for treated sewage and graywater, 
but does not mandate that they do so. In the event the Administrator 
does establish effluent standards, they would supersede the standards 
listed in this rule. If a vessel is not able to certify their effluents 
for treated sewage and graywater as meeting the applicable standards, 
operational controls would be placed on the vessel by the COTP, 
directing the vessel not to discharge treated sewage and graywater in 
the applicable waters of Alaska.
    A cruise vessel can expect to be sampled a minimum of two times 
while operating in the applicable waters of Alaska during a calendar 
year: Once, within 30 days after first arriving at the start of the 
cruise season, and a second sometime during the remainder of the 
vessel's cruise season. During either of the two sampling events, 
additional samples may be drawn from randomly selected discharge ports 
for priority pollutant analysis.
    The proposed rule would allow for additional sampling, at the 
discretion of the COTP to ensure continued compliance throughout the 
operating season and to follow-up on high-test sample results.
    All costs associated with compliance with this proposed rule will 
be paid by the cruise vessels operating in the applicable waters of 
Alaska, except for costs of oversight and enforcement by the Coast 
Guard.
    Tests results for the samples would be forwarded to the COTP 
directly by the laboratory conducting the analysis. The time schedule 
specified in the rule is an industry standard for laboratories 
qualified to complete the analysis. The laboratory will hold the 
samples for six months in the case of disputed results. After six 
months the samples become unusable for any further beneficial analysis 
and should be discarded.
    The reports the laboratory must submit on sample test results may 
be in an electronic form. However, if submitted electronically, they 
must be in a format readable by the Coast Guard and Alaska Department 
of Environmental Conservation's (ADEC) data systems. Currently, the 
Coast Guard and ADEC use a Windows operating system.
    Finally, the proposed rule sets out the penalties that might be 
assessed if a cruise vessel is found discharging effluent that does not 
meet the applicable standards.

Regulatory Evaluation

    This interim rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, l979). A draft Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT follows:
    A Quality Assurance/Quality Control Plan (QA/QCP) with Vessel 
Specific Sampling Plan (VSSP) is required by these regulations to 
establish procedures for collecting and analyzing treated sewage and 
graywater samples from cruise vessels. During the summer 2000 voluntary 
cruise vessel sampling program a single QA/QCP, acceptable to the Coast 
Guard, was used by all 21 cruise vessels. A VSSP was then developed for 
each vessel. It is anticipated the same, or similar depending on the 
laboratory used, QA/QCP and VSSP will be used for subsequent summer 
cruise vessel seasons negating the need to develop new ones. The Coast 
Guard is not able to estimate the burden that may be associated with 
individual cruise vessel revisions to the QA/QCP and VSSP, if any.
    The annual burden of creating and maintaining a Sewage and 
Graywater Discharge Record Book on 23 cruise vessels is expected to be 
$460. This estimate is for the cost of purchasing a record book and 
maintaining it onboard each vessel. Entries into the record book should 
be made during the normal routine of the engineering watch so no 
additional labor costs are expected.
    During the summer 2000 cruise vessel voluntary sampling program, 
the cruise industry operating in Alaska spent an estimated $65,000 on 
sampling of cruise vessels while underway. An additional estimated 
$150,000 was spent in having the samples analyzed for conventional 
pollutants and the complete suite of priority pollutants listed in 40 
CFR 401.15. The summer 2000 sampling program included two separate 
sampling events on 21 cruise vessels from all overboard treated sewage 
and graywater effluents and marine sanitation devices. In addition to 
the conventional pollutant suites, one of the two sampling events 
included samples drawn for a complete suite of priority pollutants 
analysis.
    These regulations provide for a similar sampling and analysis 
regime with cost savings in some areas and offsetting cost increases in 
others. While the number of more costly priority pollutants analysis 
will decrease, the number of overall sampling events for conventional 
pollutants will likely increase. Also, the number of respondents is 
expected to increase from 21 to 23. Therefore, the annual burden for 
sampling and analysis under these regulations is estimated to be 
$215,000. When divided by the number of participants, the annual cost 
to each individual vessel is estimated to be $9,348. The estimated cost 
to each cruise vessel line is as follows:

------------------------------------------------------------------------
                    Cruise line                      Vessels      Cost
------------------------------------------------------------------------
Princess Cruises..................................          6    $56,088
Holland American..................................          6     56,088
Celebrity.........................................          2     18,696
Norwegian.........................................          2     18,696
Royal Caribbean...................................          2     18,696
Carnival..........................................          1      9,348
Japan.............................................          1      9,348
World Explorer....................................          1      9,348
Crystal Cruises...................................          1      9,348

[[Page 20773]]

 
Radisson Seven Seas...............................          1      9,348
------------------------------------------------------------------------

    The cost is based on two sampling events on each cruise vessel. One 
sample event would be required within 30 days of entering Alaska 
waters. The second sample event, although discretionary by the Coast 
Guard, will be taken from vessels that visit Alaskan waters at least 
four times a year. Additional samples and analysis may be required, 
along with the associated cost increase, should the initial sample 
results indicate noncompliance.
    The Coast Guard is not able to estimate the costs that might be 
incurred if a cruise vessel cannot certify that their discharges meet 
the applicable standards, and does not have the capacity to hold all of 
its discharges while transiting the applicable waters of Alaska. In 
that scenario, it is believed that the cruise vessel would need to 
alter its cruise itinerary in order to leave the applicable Alaskan 
waters and enter the high seas, thus enabling the vessel to discharge. 
We would appreciate any comments that might help us accurately assess 
these costs.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This is due to the fact that the cruise 
vessels that would be subject to this proposed rule will be carrying 
500 or more passengers. Typically, these cruise vessels are owned by 
corporations that do not qualify as small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Spence Wood where listed at 
FOR FURTHER INFORMATION CONTACT.

Collection of Information

    This rule provides for a collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As defined in 
5 CFR 1320.3(c), ``collection of information'' includes reporting, 
record keeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the collections, a description of 
the respondents, and an estimate of the total annual burden follow. 
Included in the estimate is the time for reviewing instructions, 
searching existing sources of data, gathering and maintaining the data 
needed, and completing and reviewing the collection.
    Title: Discharge of Effluents in Certain Alaskan Waters by Cruise 
Vessel Operations.
    Summary of the Collection of Information: The following information 
will be required to be collected by these regulations:

Quality Assurance/Quality Control Plan (QA/QCP) with Vessel Specific 
Sampling Plan (VSSP).
Sewage and Graywater Discharge Record Book.
Sewage and graywater sampling test results.

    Need for Information: Compliance and enforcement of ``Certain 
Alaskan Cruise Ship Operations'' (P.L. 106-554).
    Proposed Use of Information: Regulatory oversight and compliance 
assurance.
    Description of the Respondents: Master or other person having 
charge of each cruise vessel authorized to carry 500 or more passengers 
while operating in the waters of the Alexander Archipelago and the 
navigable waters of the United States within the State of Alaska and 
within the Kachemak Bay National Estuarine Research Reserve.
    Number of Respondents: 23
    Frequency of Response: Periodically while operating in the waters 
described above.
    Burden of Response: There are three separate record keeping 
requirements involved in this regulation. Each is addressed separately, 
and the estimated total burden follows:
    1. Quality Assurance/Quality Control Plan (QA/QCP) with Vessel 
Specific Sampling Plan (VSSP) development costs. A QA/QCP with VSSP is 
required by these regulations to establish procedures for collecting 
and analyzing treated sewage and graywater samples from cruise vessels. 
During the summer 2000 voluntary cruise vessel sampling program, a 
single QA/QCP acceptable to the Coast Guard, was used by all 21 cruise 
vessels. A VSSP was then developed for each vessel and sampling was 
conducted in compliance with these documents. It is anticipated the 
same, or similar, QA/QCP and VSSP will be used for subsequent summer 
cruise vessel seasons negating the need to develop a new QA/QCP or 
VSSP. The Coast Guard is not able to estimate the burden that may be 
associated with individual cruise vessel revisions to the QA/QCP or 
VSSP, if any.
    2. Sewage and Graywater Discharge Record Book costs. The annual 
burden of creating and maintaining a Sewage and Graywater Discharge 
Record Book on 23 cruise vessels is expected to be $460. This estimate 
is for the cost of purchasing a record book and maintaining it onboard 
each vessel. Entries into the record book should be made during the 
normal routine of the engineering watch so no additional labor costs 
are expected.
    3. Sample collection and analysis costs.
    a. During the summer 2000 cruise vessel voluntary sampling program, 
the cruise industry operating in Alaska spent an estimated $65,000 on 
sampling of cruise vessels while underway. An additional estimated 
$150,000 was spent in having the samples analyzed for conventional 
pollutants and the complete suite of priority pollutants listed in 40 
CFR 401.15. The summer 2000 sampling program included two separate 
sampling events on 21 cruise vessels from all overboard treated sewage 
and graywater effluents and marine sanitation devices. In addition to 
the conventional pollutant suites, one of the two sampling events 
included samples drawn for a complete suite of priority pollutants 
analysis.
    These regulations provide for a similar sampling and analysis 
regime with cost savings in some areas and offsetting cost increases in 
others. While the number of more costly priority pollutants analysis 
will decrease, the number of overall sampling events for conventional 
pollutants will likely increase. Also, the number of respondents is 
expected to increase

[[Page 20774]]

from 21 to 23. Therefore, the annual burden for sampling and analysis 
under these regulations is estimated to be $215,000. When divided by 
the number of participants, the annual cost to each individual vessel 
is estimated to be $9,348.
    Estimated Total Annual Burden: The estimated total annual burden is 
$215,460.
    As required by section 3507(d) of the Paperwork Reduction Act of 
1995, the Coast Guard has submitted a copy of this rule to OMB for its 
review of the collection of information.
    The Coast Guard solicits public comment on the collection of 
information to: (1) Evaluate whether the information is necessary for 
the proper performance of the functions of the Coast Guard, including 
whether the information will have practical utility; (2) Evaluate the 
accuracy of the Coast Guard's estimate of the burden of the collection, 
including the validity of the methodology and assumptions used; (3) 
enhance the quality, utility, and clarity of the information to be 
collected; and (4) minimize the burden of the collection on those who 
are to respond, as by allowing the submittal of responses by electronic 
means or the use of other forms of information technology.
    Persons submitting comments on the collection of information should 
submit their comments both to OMB and to the Coast Guard where 
indicated under ADDRESSES by the date under DATES.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. Before the 
requirements for this collection of information become effective, the 
Coast Guard will publish a notice in the Federal Register of OMB's 
decision to approve, modify, or disapprove the collection.

Federalism

    Under Executive Order 13132, section 3(b), the Coast Guard finds 
that a program monitoring effluent discharge from cruise ships 
transiting certain Alaskan waters is in the national interest, as 
evidenced by Congress in enacting ``Title XIV--Certain Alaskan Cruise 
Ship Operations'' as part of the Consolidated Appropriations Act of 
2001 (Public Law 106-554). In that legislation, Congress empowered the 
Coast Guard to monitor wastewater discharges from cruise ships 
transiting certain Alaskan waters.
    The sampling, testing and log-keeping program outlined in this 
regulation was taken from a similar program that was run on a voluntary 
basis during the summer of 2000. That program was one of the results of 
the Alaska Cruise Ship Initiative, which grew out of a working group 
composed of representatives from the cruise industry, the public, 
environmental groups, and state and federal government. The Coast Guard 
was one of the federal government representatives on that group. The 
working group was begun by the Commissioner of the Alaska Department of 
Environmental Conservation (ADEC) in December of 1999.
    At the conclusion of the 2000 Alaskan cruise ship season, data from 
the voluntary wastewater sampling and testing program showed that none 
of the tested vessels were in full compliance with all federal 
performance standards for the discharge of treated sewage. This data, 
as well as data showing high levels of pollutants in graywater, spurred 
the legislation cited above. It also spurred a meeting between the 
Alaska governor, ADEC, the Coast Guard, and members of the cruise ship 
industry in November of 2000. At this meeting, the governor expressed 
his approval of the then-proposed Title XIV, and the greater authority 
it granted to the Coast Guard to protect Alaskan waters from 
pollutants.
    This established cooperation between the Coast Guard and the State 
of Alaska, and the State's support of the legislation and voluntary 
testing program on which the regulation is based shows how the Coast 
Guard has consulted with State officials in accordance with Executive 
Order 13132, Section 3(b). The Coast Guard will continue to consult the 
State by sharing the results of sample tests with the State, as well as 
requiring that discharge logbooks be kept in a format readable by the 
Alaskan Department of Environmental Conservation.
    Section 6(c)(2) of Executive Order 13132, requires, that if the 
agency promulgating the regulations intends that they have preemptive 
effect, it state that intention and the rationale on which it is based. 
Accordingly, the following statement is provided:
    Section 1411 (b) P.L. 106-554 specifies that, ``[n]othing in this 
Title shall in any way affect or restrict, or be construed to affect or 
restrict, the authority of the State of Alaska or any political 
subdivision thereof--(1) to impose additional liability or additional 
requirement; * * *.'' This language, as well as the entire Title, is 
identical to suggested text submitted to Congress by the Department of 
Transportation as part of a draft Coast Guard Authorization Act of 
2000. While the Coast Guard Authorization Act of 2000 did not pass, the 
provisions of Title XIV--Certain Alaskan Cruise Ship Operations did 
become law in P.L. 106-554. The Department of Transportation's letter 
transmitting the Administration's proposed alternative, which 
eventually became Title XIV of P.L. 106-554, contained an explanation 
of Section 1411, as follows:

    There are a number of provisions in the Administration's 
substitute language that would benefit from guidance in a conference 
report. In particular, we would like to draw the Conferees attention 
to Section 715 [1411] of the Administration's proposed alternative 
to Title VII of H.R. 820, as adopted by the Senate, which contains 
the `Savings Clause.' In its drafting efforts, the Administration 
modeled section 715 [which is identical to Section 1411] after 
Section 1018 of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2718. 
Section 1018 of OPA was recently interpreted by the U.S. Supreme 
Court in the case of U.S. v. Locke, 120 S. Ct. 1135 (Mar. 6, 2000). 
The case concerned Washington State efforts to regulate oil tankers. 
The Court held that OPA section 1018 does not alter the preemptive 
impact of the Federal regulatory regime in the areas of design, 
construction, alteration, repair, maintenance, operation, equipping, 
personnel qualification, manning and casualty reporting for vessels. 
It is the intent of the Administration that section 715 be 
interpreted in the same manner as OPA section 1918, so that future 
litigation on the subject of Federal preemption of vessel regulation 
can be avoided.

Accordingly, these interim rules are construed in the same manner 
described in the Department of Transportation's views letter cited 
above. Thus, any of these regulations, which have the effect of 
regulating a cruise vessel's design, construction, alteration, repair, 
maintenance, operation, equipping, personnel qualification, manning and 
casualty reporting have preemptive effect under existing U.S. laws and 
treaties to which the United States is a party.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

[[Page 20775]]

Civil Justice Reform

    This proposed 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.

Protection of Children

    We have analyzed this proposed 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.

Consultation and Coordination With Indian Tribal Governments

    This proposed rule will not have tribal implications; will not 
impose substantial direct compliance costs on Indian tribal 
governments; and will not preempt tribal law. Therefore, it is exempt 
from the consultation requirements of Executive Order 13175. If tribal 
implications are identified during the comment period we will undertake 
appropriate consultations with the affected Indian tribal officials.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(d), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. This proposed regulation would require 
operators of cruise vessels carrying 500 or more passengers in Alaskan 
waters to document treated sewage and graywater discharges to ensure 
that they comply with effluent discharge standards. The content of 
effluent discharges reflects compliant equipment operations. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects

    Sewage disposal, Vessels, Reporting and record keeping 
requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
amending 33 CFR Part 159 as follows:

PART 159--MARINE SANITATION DEVICES

    1. The authority citation for part 159 is revised to read as 
follows:

    Authority: 33 U.S.C. 1322(b)(1); 49 CFR 1.45(b) and 1.46(l) and 
(m). Subpart E also issued under authority of Sec. 1(a)(4), Pub. L. 
106-554, 114 Stat. 2763; 49 CFR 1.46(ttt).

    2. Subpart E is added to part 159 to read as follows:
Subpart E--Discharge of Effluents in Certain Alaskan Waters by Cruise 
Vessel Operations
Sec.
159.301   Purpose.
159.303   Applicability.
159.305   Definitions.
159.307   Untreated sewage.
159.309   Limitations on discharge of treated sewage or graywater.
159.311   Safety exception.
159.313   Inspection for compliance and enforcement.
159.315   Sewage and graywater discharge record book.
159.317   Sampling and reporting.
159.319   Fecal coliform and total suspended solids standards.
159.321   Enforcement.

Subpart E--Discharge of Effluents in Certain Alaskan Waters by 
Cruise Vessel Operations


Sec. 159.301  Purpose.

    The purpose of this subpart is to implement ``Title XIV--Certain 
Alaskan Cruise Ship Operations'' contained in Section 1(a)(4) of Public 
Law 106-554, enacted on December 21, 2000, by prescribing regulations 
governing the discharges of sewage and graywater from cruise vessels, 
require sampling and testing of sewage and graywater discharges, and 
establish reporting and record keeping requirements.


Sec. 159.303  Applicability.

    This subpart applies to each cruise vessel authorized to carry 500 
or more passengers operating in the waters of the Alexander Archipelago 
and the navigable waters of the United States within the State of 
Alaska and within the Kachemak Bay National Estuarine Research Reserve.


Sec. 159.305  Definitions.

    In this subpart:
    Administrator--means the Administrator of the United States 
Environmental Protection Agency.
    Applicable waters of Alaska--means the waters of the Alexander 
Archipelago and the navigable waters of the United States within the 
State of Alaska and within the Kachemak Bay National Estuarine Research 
Reserve.
    Captain of the Port--means the Captain of the Port as defined in 
Subpart 3.85 of this chapter.
    Conventional pollutants--means the list of pollutants listed in 40 
CFR Part 401.16.
    Cruise vessel--means a passenger vessel as defined in section 
2101(22) of Title 46, United States Code. The term does not include a 
vessel of the United States operated by the federal government or a 
vessel owned and operated by the government of a State.
    Discharge--means a release, however caused, from a cruise vessel, 
and includes, any escape, disposal, spilling, leaking, pumping, 
emitting or emptying.
    Environmental compliance records--includes the Sewage and Graywater 
Discharge Record Book, all discharge reports, all discharge sampling 
test results, as well as any other records that must be kept under this 
Subpart.
    Graywater--means only galley, dishwasher, bath, and laundry waste 
water. The term does not include other wastes or waste streams.
    Navigable waters--has the same meaning as in section 502 of the 
Federal Water Pollution Control Act, as amended.
    Person--means an individual, corporation, partnership, limited 
liability company, association, state, municipality, commission or 
political subdivision of a state, or any federally recognized Indian 
tribal government.
    Priority pollutant--means the list of toxic pollutants listed in 40 
CFR Part 401.15.
    Sewage--means human body wastes and the wastes from toilets and 
other receptacles intended to receive or retain body waste.
    Treated sewage--means sewage meeting all applicable effluent 
limitation standards and processing requirements of the Federal Water 
Pollution Control Act, as amended and of Title XIV ``Certain Alaskan 
Cruise Ship Operations'' of Public Law 106-554, and regulations 
promulgated under either.
    Untreated sewage--means sewage that is not treated sewage.
    Waters of the Alexander Archipelago--means all waters under the 
sovereignty of the United States within or near Southeast Alaska, as 
follows:
    (1) Beginning at a point 58 deg.11-44N, 136 deg. 39-25W [near Cape 
Spencer Light], thence southeasterly along a line three nautical miles 
seaward of the baseline from which the breadth of the territorial sea 
is measured in the Pacific Ocean and the Dixon Entrance, except where 
this line intersects geodesics connecting the following five pairs of 
points:

58 deg. 05-17 N, 136 deg. 33-49 W and 58 deg. 11-41 N, 136 deg. 39-25 W 
[Cross Sound]
56 deg. 09-40 N, 134 deg. 40-00 W and 55 deg. 49-15 N, 134 deg. 17-40 W 
[Chatham Strait]
55 deg. 49-15 N, 134 deg. 17-40 W and 55 deg. 50-30 N, 133 deg. 54-15 W 
[Sumner Strait]
54 deg. 41-30 N, 132 deg. 01-00 W and 54 deg. 51-30 N, 131 deg. 20-45 W 
[Clarence Strait]
54 deg. 51-30 N, 131 deg. 20-45 W and 54 deg. 46-15 N, 130 deg. 52-00 W 
[Revillagigedo Channel]


[[Page 20776]]


    (2) The portion of each geodesic in paragraph (1) of this 
definition situated beyond 3 nautical miles from the baseline from 
which the breadth of the territorial seas is measured forms the outer 
limit of the waters of the Alexander Archipelago in those five 
locations.


Sec. 159.307  Untreated sewage.

    No person shall discharge any untreated sewage from a cruise vessel 
into the applicable waters of Alaska.


Sec. 159.309  Limitations on discharge of treated sewage or graywater.

    (a) No person shall discharge treated sewage or graywater from a 
cruise vessel into the applicable waters of Alaska unless:
    (1) The cruise vessel is underway and proceeding at a speed of not 
less than six knots;
    (2) The cruise vessel is not less than one nautical mile from the 
nearest shore, except in areas designated by the Coast Guard in 
consultation with the State of Alaska;
    (3) The discharge complies with all applicable cruise vessel 
effluent standards established pursuant to P.L. 106-554 and any other 
applicable law, and
    (4) The cruise vessel is not in an area where the discharge of 
treated sewage or graywater is prohibited.
    (b) Until such time as the Administrator promulgates regulations 
addressing effluent quality standards for cruise vessels operating in 
the applicable waters of Alaska, treated sewage and graywater may be 
discharged from vessels in circumstances otherwise prohibited under 
paragraphs (a)(1) and (2) of this section provided that:
    (1) Notification to the Captain of the Port (COTP) is made not less 
than 30 days prior to the planned discharge, and such notice includes 
results of tests showing compliance with this section;
    (2) The discharge satisfies the minimum level of effluent quality 
specified in 40 CFR 133.102;
    (3) The geometric mean of the samples from the discharge during any 
30-day period does not exceed 20 fecal coliform/100 milliliters (ml) 
and not more than 10 percent of the samples exceed 40 fecal coliform/
100 ml;
    (4) Concentrations of total residual chlorine do not exceed 10.0 
milligrams per liter (mg/l);
    (5) Prior to any such discharge occurring, the owner, operator or 
master, or other person in charge of a cruise vessel, can demonstrate 
to the COTP that test results from at least five samples taken from the 
vessel representative of the effluent to be discharged, on different 
days over a 30-day period, conducted in accordance with the guidelines 
promulgated by the Administrator in 40 CFR Part 136, which confirm that 
the water quality of the effluents proposed for discharge is in 
compliance with paragraphs (b)(2), (3) and (4) of this section; and
    (6) To the extent not otherwise being done by the owner, operator, 
master or other person in charge of a cruise vessel, pursuant to 
Sec. 159.317 of this subpart, the owner, operator, master or other 
person in charge of a cruise vessel shall demonstrate continued 
compliance through sampling and testing for conventional pollutants and 
residual chlorine of all treated sewage and graywater effluents 
periodically as determined by the COTP.


Sec. 159.311  Safety exception.

    The regulations in this subpart shall not apply to discharges made 
for the purpose of securing the safety of the cruise vessel or saving 
life at sea, provided that all reasonable precautions have been taken 
for the purpose of preventing or minimizing the discharge.


Sec. 159.313  Inspection for compliance and enforcement.

    (a) Cruise vessels operating within the applicable waters of Alaska 
are subject to inspection by the Coast Guard to ensure compliance with 
this subpart.
    (b) An inspection under this section shall include an examination 
of the Sewage and Graywater Discharge Record Book required under 
Sec. 159.315 of this subpart, environmental compliance records, and a 
general examination of the vessel. A copy of any entry in the Sewage 
and Graywater Discharge Record Book may be made and the Master of the 
vessel may be required to certify that the copy is a true copy of the 
original entry.
    (c) A vessel not in compliance with this subpart may be subject to 
the penalties set out in Sec. 159.321, denied entry into the applicable 
waters of Alaska, detained, or restricted in its operations by order of 
the COTP.


Sec. 159.315  Sewage and Graywater Discharge Record Book.

    (a) While operating in the applicable waters of Alaska each cruise 
vessel shall maintain, in English, a legible Sewage and Graywater 
Discharge Record Book with the vessel's name and official number listed 
on the front cover and at the top of each page.
    (b) Entries shall be made in the Sewage and Graywater Discharge 
Record Book whenever any of the following is released into the 
applicable waters of Alaska:
    (1) Sewage;
    (2) Graywater; or
    (3) Sewage and graywater mixture.
    (c) Each entry in the Sewage and Graywater Discharge Record Book 
shall, at a minimum, contain the following information in the order 
specified:
    (1) Name and location of each discharge port within the ship;
    (2) Date the start of discharge occurred;
    (3) Whether the effluent is sewage, graywater, or a sewage and 
graywater mixture;
    (4) Time discharge port is opened;
    (5) Vessel's latitude and longitude at the time the discharge port 
is opened;
    (6) Volume discharged in cubic meters;
    (7) Flow rate of discharge in liters per minute;
    (8) Time discharge port is secured;
    (9) Vessel's latitude and longitude at the time the discharge port 
is secured; and
    (10) Vessel's minimum speed during discharge.
    (d) In the event of an emergency, accidental or other exceptional 
discharge of sewage or graywater, a statement shall be made in the 
Sewage and Graywater Discharge Record Book of the circumstances, and 
the reasons for, the discharge and an immediate notification of the 
discharge shall be made to the COTP.
    (e) Each entry of a discharge shall be recorded without delay and 
signed and dated by the person or persons in charge of the discharge 
concerned and each completed page shall be signed and dated by the 
master or other person having charge of the ship.
    (f) The Sewage and Graywater Discharge Record Book shall be kept in 
such a place as to be readily available for inspection at all 
reasonable times and shall be kept on board the ship.
    (g) The master or other person having charge of a ship required to 
keep a Sewage and Graywater Discharge Record Book shall be responsible 
for the maintenance of such record.
    (h) The Sewage and Graywater Discharge Record Book shall be 
maintained on board for not less than three years.


Sec. 159.317  Sampling and reporting.

    (a) The owner, operator, master or other person in charge of a 
cruise vessel that discharges treated sewage and/or graywater in the 
applicable waters of Alaska shall;
    (1) Not less than 90 days prior to each vessel's initial entry into 
the applicable waters of Alaska during any calendar year, provide to 
the COTP a Quality Assurance/Quality Control Plan (QA/

[[Page 20777]]

QCP) and Vessel Specific Sampling Plan (VSSP) for review and 
acceptance;
    (2) Not less than 30 days nor more than 120 days prior to each 
vessel's initial entry into the applicable waters of Alaska during any 
calendar year, provide a certification to the COTP that the vessel's 
treated sewage and graywater effluents meet the minimum standards 
established by the Administrator, or in the absence of such standards, 
meet the minimum established in Sec. 159.319 of this subpart;
    (3) Within 30 days of each vessel's initial entry into the 
applicable waters of Alaska during any calendar year undergo sampling 
and testing for conventional pollutants of all treated sewage and 
graywater effluents as directed by the COTP;
    (4) While operating in the applicable waters of Alaska be subject 
to unannounced sampling of treated sewage and graywater discharge 
effluents, or combined treated sewage/graywater discharge effluents for 
the purpose of testing for a limited suite, as determined by the Coast 
Guard, of priority pollutants;
    (5) While operating in the applicable waters of Alaska be subject 
to additional random sampling events, in addition to all other required 
sampling, of some or all treated sewage and graywater discharge 
effluents for conventional and/or priority pollutant testing as 
directed by the COTP;
    (6) Ensure all samples, as required by this section, are collected 
and tested by a laboratory accepted by the Coast Guard for the testing 
of conventional and priority pollutants, as defined by this subpart, 
and in accordance with the cruise vessel's Coast Guard accepted QA/QCP 
and VSSP;
    (7) Pay all costs associated with development of an acceptable QA/
QCP and VSSP, sampling and testing of effluents, reporting of results, 
and any additional environmental record keeping as required by this 
subpart, not to include cost of federal regulatory oversight.
    (b) A QA/QCP must, at a minimum include:
    (1) Sampling techniques and equipment, sampling preservation 
methods and holding times, and transportation protocols, including 
chain of custody;
    (2) Laboratory analytical information including methods used, 
calibration, detection limits, and the laboratory's internal QA/QC 
procedures;
    (3) Quality assurance audits used to determine the effectiveness of 
the QA program; and
    (4) Procedures and deliverables for data validation used to assess 
data precision and accuracy, the representative nature of the samples 
drawn, comparability, and completeness of measure parameters.
    (c) A VSSP is a working document used during the sampling events 
required under this section and must, at a minimum, include:
    (1) Vessel name;
    (2) Passenger and crew capacity of the vessel;
    (3) Daily water use of the vessel;
    (4) Holding tank capacities for treated sewage and graywater;
    (5) Vessel schematic of discharge ports and corresponding sampling 
ports;
    (6) Description of discharges; and
    (7) A table documenting the type of discharge, type of sample drawn 
(grab or composite), parameters (conventional or priority pollutants), 
vessel location when sample drawn, date and time of the sampling event.
    (d) Test results for conventional pollutants shall be submitted 
within 15 calendar days of the date the sample was collected, and for 
priority pollutants within 30 calendar days of the date the sample was 
collected, to the COTP directly by the laboratory conducting the 
testing and in accordance with the Coast Guard accepted QA/QCP.
    (e) Samples collected for analysis under this subpart shall be held 
by the laboratory contracted to do the analysis for not less than six 
months, or as directed by the COTP.
    (f) Reports required under this section may be written or 
electronic. If electronic, the reports must be in a format readable by 
Coast Guard and Alaska Department of Environmental Conservation data 
systems.


Sec. 159.319  Fecal coliform and total suspended solids standards.

    (a) Treated sewage effluent discharges--Until such time as the 
Administrator promulgates effluent discharge standards for treated 
sewage, treated sewage effluent discharges in the applicable waters of 
Alaska shall not have a fecal coliform bacterial count of greater than 
200 per 100 ml nor total suspended solids greater than 150 mg/l.
    (b) Graywater effluent discharges [Reserved.]


Sec. 159.321  Enforcement.

    (a) Administrative penalties.
    (1) Violations. Any person who violates this subpart may be 
assessed a class I or class II civil penalty by the Secretary or his 
delegatee.
    (2) Classes of penalties.
    (i) Class I. The amount of a class I civil penalty under this 
section may not exceed $10,000 per violation, except that the maximum 
amount of any class I civil penalty under this section shall not exceed 
$25,000. Before assessing a civil penalty under this subparagraph, the 
Secretary or his delegatee shall give to the person to be assessed such 
penalty written notice of the Secretary's proposal to assess the 
penalty and the opportunity to request, within 30 days of the date the 
notice is received by such person, a hearing on the proposed penalty. 
Such hearing shall not be subject to 5 U.S.C. 554 or 556, but shall 
provide a reasonable opportunity to be heard and to present evidence.
    (ii) Class II. The amount of a class II civil penalty under this 
section may not exceed $10,000 per day for each day during which the 
violation continues, except that the maximum amount of any class II 
civil penalty under this section shall not exceed $125,000. Except as 
otherwise provided in this paragraph, a class II civil penalty shall be 
assessed and collected in the same manner, and subject to the same 
provisions as in the case of civil penalties assessed and collected 
after notice and an opportunity for hearing on the record in accordance 
with 5 U.S.C. 554.
    (3) Rights of interested persons.
    (i) Public notice. Before issuing an order assessing a class II 
civil penalty under this paragraph, the Secretary shall provide public 
notice of and reasonable opportunity to comment on the proposed 
issuance of each order.
    (ii) Presentation of evidence. Any person who comments on a 
proposed assessment of a class II civil penalty under this section 
shall be given notice of any hearing held under this paragraph and of 
the order assessing such penalty. In any hearing held under this 
paragraph (a)(3), such person shall have a reasonable opportunity to be 
heard and present evidence.
    (iii) Rights of interested persons to a hearing. If no hearing is 
held under paragraph (a)(2) before issuance of an order assessing a 
class II civil penalty under this section, any person who commented on 
the proposed assessment may petition, within 30 days after the issuance 
of such an order, the Secretary or his delegatee to set aside such 
order and provide a hearing on the penalty. If the evidence presented 
by the petitioner in support of the petition is material and was not 
considered in the issuance of the order, the Secretary, or his 
delegatee, shall immediately set aside such order and provide a hearing 
in accordance with paragraph (a)(2)(ii) of this section. If the 
Secretary or his delegatee denies a hearing under this clause, the 
Secretary of his delegatee shall provide to the petitioner and

[[Page 20778]]

publish in the Federal Register notice of and the reasons for such 
denial.
    (b) Civil judicial penalties.
    (1) Generally. Any person who violates this subpart shall be 
subject to a civil penalty not to exceed $25,000 per day for each 
violation. Each day a violation continues constitutes a separate 
violation.
    (2) Limitation. A person is not liable for a civil judicial penalty 
under this paragraph for a violation if the person has been assessed a 
civil administrative penalty under paragraph (a) of this section for 
the violation.
    (c) Determination of amount. In determining the amount of a civil 
penalty under paragraphs (a) or (b) of this section, the court or the 
Secretary or his delegatee shall consider the seriousness of the 
violation, any history of such violations, any good-faith efforts to 
comply with applicable requirements, the economic impact of the penalty 
on the violator, and other such matters as justice may require.
    (d) Criminal Penalties.
    (1) Negligent violations. Any person who negligently violates this 
subpart commits a Class A misdemeanor.
    (2) Knowing violations. Any person who knowingly violates this 
subpart commits a Class D felony.
    (3) False Statements. Any person who knowingly makes any false 
statement, representation, or certification in any record, report or 
other document filed or required to be maintained under this subpart, 
or who falsifies, tampers with, or knowingly renders inaccurate any 
testing or monitoring device or method required to be maintained under 
this subpart commits a Class D felony.
    (e) Awards.
    (1) The Secretary or his delegatee or the court, when assessing any 
fines or civil penalties, as the case may be, may pay from any fines or 
civil penalties collected under this section an amount not to exceed 
one-half of the penalty or fine collected to any individual who 
furnished information which leads to the payment of the penalty or 
fine. If several individuals provide such information, the amount shall 
be divided equitably among such individuals. No officer or employee of 
the United States, the State of Alaska or any Federally recognized 
Tribe who furnishes information or renders service in the performance 
of his or her official duties shall be eligible for payment under this 
paragraph (e)(1).
    (2) The Secretary, his delegatee, or a court, when assessing any 
fines or civil penalties, as the case may be, may pay, from any fines 
or civil penalties collected under this section, to the State of Alaska 
or any Federally recognized Tribe providing information or 
investigative assistance which leads to payment of the penalty or fine, 
an amount which reflects the level of information or investigative 
assistance provided. Should the State of Alaska or a Federally 
recognized Tribe and an individual under paragraph (e)(1) of this 
section be eligible for an award, the Secretary, his delegatee, or the 
court, as the case may be, shall divide the amount equitably.
    (f) Liability in rem. A cruise vessel operated in violation of this 
subpart is liable in rem for any fine imposed under paragraph (c) of 
this section or for any civil penalty imposed under paragraphs (a) or 
(b) of this section, and may be proceeded against in the United States 
district court of any district in which the cruise vessel may be found.

    Dated: April 18, 2001.
J.V. O'Shea,
Captain, U.S. Coast Guard, Acting Commander, Seventeenth Coast Guard 
District.
[FR Doc. 01-10140 Filed 4-24-01; 8:45 am]
BILLING CODE 4910-15-P