Prevention of Pollution

U.S. Implementation of Amendments to Marpol Annex V in 2013

United States views on international law [1] in relation to U.S. Implementation of Amendments to Marpol Annex V: On January 1, 2013 a resolution adopted by the International Maritime Organization (“IMO”) in 2011 entered into force, establishing a general prohibition on discharges of garbage at sea from ships. The resolution, adopted by parties acting through the IMO’s Marine Environment Protection Committee (“MEPC”), formally amends Annex V of the International Convention for the Prevention of Pollution from Ships (“MARPOL”). Resolution MEPC.201(62). On February 26, 2013, the U.S. Coast Guard announced the availability of a policy letter, “Interim Guidance for Revised MARPOL Annex V Implementation,” to assist U.S. flagged and foreign flagged oceangoing ships regarding compliance with the amendments in Resolution MEPC.201(62). 78 Fed. Reg. 13,073 (Feb. 26, 2013).

Some Aspects of U.S. Implementation of Amendments to Marpol Annex v

On February 28, 2013, the U.S. Coast Guard published an interim rule implementing the amendments to MARPOL Annex V. 78 Fed. Reg. 13,481 (Feb. 28, 2013). Excerpts follow from the notice in the Federal Register.

Developments

The Coast Guard is issuing this interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency, for good cause, finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V (Garbage) restrictions on the discharge of garbage have already been implemented by the Act to Prevent Pollution from Ships (APPS). Publishing an NPRM and delaying the effective date of the change to 33 CFR part 151 is unnecessary because the change is a conforming amendment required by existing authority and because an opportunity for public comment has already been provided.

Details

This rulemaking restates a legal responsibility already in effect under MARPOL and APPS (33 U.S.C. 1901, et seq.), which is the U.S. authority for implementing MARPOL. Through APPS, the United States accepts all modifications and amendments made to Annex V as domestic law upon the amendments’ entry into force ((33 U.S.C. 1901(a)(5)); see also section 1907(a) (requiring compliance with MARPOL)). This rulemaking will revise domestic regulations at 33 CFR part 151 to accurately reflect U.S. requirements under MARPOL Annex V.

The public has had several opportunities to comment on the MARPOL Annex V amendments that will be incorporated in Coast Guard regulations under this rulemaking.

Beginning in 2006, the United States worked with the 170 member states of the International Maritime Organization (IMO) Marine Environmental Protection Committee (MEPC) for over 5 years to amend MARPOL Annex V and greatly reduce the discharge of ship-generated garbage into the sea. A Coast Guard official serves as head of the United States Delegation to the MEPC. The Coast Guard held a public meeting in Washington, DC prior to each MEPC meeting to present the United States’ position(s) on the amendments and to receive public comments which would be taken into consideration when finalizing the U.S. negotiating positions. There were no adverse public comments received prior to the July 2011 MEPC 62 (the meeting where the amendments were formally adopted by MEPC). Previous MARPOL Annex V-related regulatory projects, including the Wider Caribbean Region (WCR) special area regulation, similarly did not receive any adverse comments (77 FR 19537, April 2, 2012).

Resources

Notes

U.s. Implementation of Amendments to Marpol Annex v in the Digest of United States Practice in International Law

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