[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13073-13074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04319]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-1049]


Interim Guidance for Revised Implementation of the International 
Convention for the Prevention of Pollution From Ships (MARPOL), Annex V

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of CG-CVC Policy 
Letter 13-01, ``Interim Guidance for Revised MARPOL Annex V 
Implementation.'' On July 15, 2011, the International Maritime 
Organization's (IMO) Marine Environment Protection Committee (MEPC) 
formally adopted Resolution MEPC.201(62), which amends the 
International Convention for the Prevention of Pollution from Ships 
(MARPOL) Annex V, by establishing a general prohibition on discharges 
of garbage into the sea. The amendments in Resolution MEPC.201(62) 
entered into force on January 1, 2013. CG-CVC Policy Letter 13-01 
provides interim guidance to assist U.S. flagged and foreign flagged 
oceangoing ships regarding compliance with the amendments in Resolution 
MEPC.201(62) until the Coast Guard updates the applicable regulations 
in 33 CFR part 151.

DATES: The effective date for the amendments in Resolution MEPC.201(62) 
was January 1, 2013. CG-CVC Policy Letter 13-01 is effective as of 
February 26, 2013.

ADDRESSES: This notice and the documents referenced within are 
available in the docket and can be viewed by going to 
www.regulations.gov and using ``USCG-2012-1049'' as your search term. 
CG-CVC Policy Letter 13-01 can also be viewed on the Coast Guard's Web 
site at http://homeport.uscg.mil by referring to the left side menu and 
following the links to ``Domestic Vessels,'' ``Domestic Vessel 
Policy,'' and ``Office of Commercial Vessel Compliance (CG-CVC) Policy 
Letters.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
or CG-CVC Policy Letter 13-01, call or email LT John Peterson, U.S. 
Coast Guard, Office of Commercial Vessel Compliance (CG-CVC-1), 
telephone (202) 372-1226, or email [email protected]. If you have 
questions on viewing material in the docket, call Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The United States implements MARPOL Annex V through the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901, et. seq.). On July 15, 
2011, the IMO's MEPC formally adopted Resolution MEPC.201(62), which 
amends MARPOL Annex V by establishing a general prohibition on 
discharges of garbage into the sea. Under prescribed conditions, 
exceptions are provided for food wastes, cargo residues, cleaning 
agents or additives contained in cargo hold, deck, and external surface 
wash waters, and animal carcasses. The amendments in Resolution 
MEPC.201(62) entered into force on January 1, 2013.
    The Coast Guard intends to revise its regulations in 33 CFR part 
151 to conform with the amendments in Resolution MEPC.201(62). These 
conforming regulatory provisions were not finalized prior to January 1, 
2013. The lack of updated regulations does not exempt ships from 
meeting the requirements of the amended MARPOL Annex V. CG-CVC Policy 
Letter 13-01 provides interim guidance to assist U.S. flagged and 
foreign flagged oceangoing ships regarding compliance with the 
amendments in Resolution MEPC.201(62) until the Coast Guard updates the 
applicable regulations.
    As of January 1, 2013, all U.S. flagged ships and fixed or floating 
platforms are expected to meet the requirements of the amended MARPOL 
Annex V. This is particularly important for U.S. flagged ships 
(including recreational and uninspected ships) on international voyages 
that want to avoid Port State control actions. For U.S. ships operating

[[Page 13074]]

strictly on domestic routes, Coast Guard Marine Inspectors should 
verify compliance with amended MARPOL Annex V during normally scheduled 
inspections, but inspectors are encouraged to use an educational 
outreach and awareness approach. Additionally, current enforcement 
options remain in place for willful and egregious violators or repeat 
offenders.
    Additionally, all foreign flagged ships operating in the navigable 
waters of the U.S. or the Exclusive Economic Zone \1\ of the U.S. are 
expected to meet the requirements of amended MARPOL Annex V.\2\ Coast 
Guard Port State Control Officers should verify a foreign flag ships' 
compliance with MARPOL Annex V during normally scheduled Port State 
Control examinations.
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    \1\ With respect to the United States (including the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, Guam, American Samoa, the United States Virgin 
Islands, and any other territory or possession over which the United 
States exercises sovereignty), exclusive economic zone means the 
zone seaward of and adjacent to the territorial sea, including the 
contiguous zone, and extending 200 nautical miles from the 
territorial sea baseline (except where otherwise limited by treaty 
or other agreement recognized by the United States) in which the 
United States has the sovereign rights and jurisdiction and all 
nations have the high seas freedoms mentioned in Presidential 
Proclamation 5030 of March 10, 1983 (33 CFR 2.30(a)).
    \2\ See 33 U.S.C. 1902(a)(3).
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    The guidance in CG-CVC Policy Letter 13-01 is neither a substitute 
for applicable legal requirements, nor a rule. It is not intended nor 
does it impose legally-binding requirements on any party. It represents 
the Coast Guard's current policy on this topic and may assist industry, 
mariners, the general public, and the Coast Guard, as well as other 
Federal and state regulators, in applying statutory and regulatory 
requirements. An alternative approach may be used for complying with 
these requirements if the approach satisfies the requirements of the 
applicable statutes and regulations. If you want to discuss an 
alternative approach, you may contact the Coast Guard Office of 
Commercial Vessel Compliance (CG-CVC-1) using the methods provided in 
the FOR FURTHER INFORMATION CONTACT section above.

    Authority: This notice is issued under authority of 5 U.S.C. 
552(a) and 33 U.S.C. 1901 et seq.

    Dated: February 19, 2013.
P.F. Thomas,
Captain, U.S. Coast Guard, Director, Inspections and Compliance.
[FR Doc. 2013-04319 Filed 2-25-13; 8:45 am]
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