Garbage; Disposal by Cruise Ships in Landfills at Alaskan Ports

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]

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