33 CFR 151.66 - Operating requirements: Discharge of garbage in the Great Lakes and other navigable waters.

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§ 151.66

Operating requirements: Discharge of garbage in the Great Lakes and other navigable waters.

(a) Except as otherwise provided in this section, no person on board any ship may discharge garbage into the navigable waters of the United States.

(b) On the United States' waters of the Great Lakes, commercial ships, excluding non-self propelled barges that are not part of an integrated tug and barge unit, may discharge bulk dry cargo residues in accordance with this paragraph and paragraph (c) of this section. Owners and operators of ships to which these paragraphs apply are encouraged to minimize the volume of dry cargo residues discharged through the use of suitable residue control measures onboard and by loading and unloading cargo at facilities that use suitable shoreside residue control measures. As used in this paragraph and paragraph (c) of this section:

Apostle Islands National Lakeshore means the site on or near Lake Superior administered by the National Park Service, less Madeline Island, and including the Wisconsin shoreline of Bayfield Peninsula from the point of land at 46°57′19.7″ N, 90°52′51.0″ W southwest along the shoreline to a point of land at 46°52′56.4″ N, 91°3′3.1″ W.

Bulk dry cargo residues means non-hazardous and non-toxic residues of dry cargo carried in bulk, including limestone and other clean stone, iron ore, coal, salt, and cement. It does not include residues of any substance known to be toxic or hazardous, such as, nickel, copper, zinc, lead, or materials classified as hazardous in provisions of law or treaty;

Caribou Island and Southwest Bank Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:

47°30.0′ N	85°50.0′ W
47°24.2′ N	85°38.5′ W
47°04.0′ N	85°49.0′ W
47°05.7′ N	85°59.0′ W
47°18.1′ N	86°05.0′ W

Detroit River International Wildlife Refuge means the U.S. waters of the Detroit River bound by the area extending from the Michigan shore at the southern outlet of the Rouge River to 41°54′ N, 083°06′ W along the U.S.-Canada boundary southward and clockwise connecting points:

42°02′ N	083°08′ W
41°54′ N	083°06′ W
41°50′ N	083°10′ W
41°44.52 N	083°22′ W
41°44.19 N	083°27′ W

Grand Portage National Monument means the site on or near Lake Superior, administered by the National Park Service, from a southwest corner of the monument point of land, 47°57.521′ 89°41.245′, to the northeast corner of the monument point of land, 47°57.888′ 89°40.725′.

Indiana Dunes National Lakeshore means the site on or near Lake Michigan, administered by the National Park Service, from a point of land near Gary, Indiana at 41°42′59.4″ N 086°54′59.9″ W eastward along the shoreline to 41°37′08.8″ N 087°17′18.8″ W near Michigan City, Indiana.

Integrated tug and barge unit means any tug barge combination which, through the use of special design features or a specially designed connection system, has increased seakeeping capabilities relative to a tug and barge in the conventional pushing mode;

Isle Royale National Park means the site on or near Lake Superior, administered by the National Park Service, where the boundary includes any submerged lands within the territorial jurisdiction of the United States within four and one-half miles of the shoreline of Isle Royale and the surrounding islands, including Passage Island and Gull Island.

Mile means a statute mile, and refers to the distance from the nearest land or island;

Milwaukee Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:

43°27.0′ N	87°14.0′ W
43°21.2′ N	87°02.3′ W
43°03.3′ N	87°04.8′ W
42°57.5′ N	87°21.0′ W
43°16.0′ N	87°39.8′ W

Northern Refuge means the area enclosed by rhumb lines connecting the coordinates, beginning on the northernmost point and proceeding clockwise:

45°45′ N

86°00′ W,

western shore of High Island, southern shore of Beaver Island:

45°30′ N	85°30′ W
45°30′ N	85°15′ W
45°25′ N	85°15′ W
45°25′ N	85°20′ W
45°20′ N	85°20′ W
45°20′ N	85°40′ W
45°15′ N	85°40′ W
45°15′ N	85°50′ W
45°10′ N	85°50′ W
45°10′ N	86°00′ W

Pictured Rocks National Lakeshore means the site on or near Lake Superior, administered by the National Park Service, from a point of land at 46°26′21.3″ N 086°36′43.2″ W eastward along the Michigan shoreline to 46°40′22.2″ N 085°59′58.1″ W.

Six Fathom Scarp Mid-Lake Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:

44°55′ N	82°33′ W
44°47′ N	82°18′ W
44°39′ N	82°13′ W
44°27′ N	82°13′ W
44°27′ N	82°20′ W
44°17′ N	82°25′ W
44°17′ N	82°30′ W
44°28′ N	82°40′ W
44°51′ N	82°44′ W
44°53′ N	82°44′ W
44°54′ N	82°40′ W

Sleeping Bear Dunes National Lakeshore means the site on or near Lake Michigan, administered by the National Park Service, that includes North Manitou Island, South Manitou Island and the Michigan shoreline from a point of land at 44°42′45.1″ N 086°12′18.1″ W north and eastward along the shoreline to 44°57′12.0″ N 085°48′12.8″ W.

Stannard Rock Protection Area means the area within a 6 mile radius from Stannard Rock Light, at 47°10′57″ N 87°13′34″ W;

Superior Shoal Protection Area means the area within a 6 mile radius from the center of Superior Shoal, at 48°03.2′ N 87°06.3′ W;

Thunder Bay National Marine Sanctuary means the site on or near Lake Huron designated by the National Oceanic and Atmospheric Administration as the boundary that forms an approximately rectangular area by extending along the ordinary high water mark between the northern and southern boundaries of Alpena County, cutting across the mouths of rivers and streams, and lakeward from those points along latitude lines to longitude 83 degrees west. The coordinates of the boundary are:

45°12′25.5″ N	83°23′18.6″ W
45°12′25.5″ N	83°00′00″ W
44°51′30.5″ N	83°00′00″ W
44°51′30.5″ N	83°19′17.3″ W

Waukegan Special Protection Area means the area enclosed by rhumb lines connecting the following coordinates, beginning on the northernmost point and proceeding clockwise:

42°24.3′ N	87°29.3′ W
42°13.0′ N	87°25.1′ W
42°12.2′ N	87°29.1′ W
42°18.1′ N	87°33.1′ W
42°24.1′ N	87°32.0′ W; and

Western Basin means that portion of Lake Erie west of a line due south from Point Pelee.

Table 151.66(b)—Bulk Dry Cargo Residue Discharges Allowed on the Great Lakes

Location	Cargo	Discharge allowed except as noted
Tributaries, their connecting rivers, and St. Lawrence River	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes.
	All other cargos	Prohibited.
Lake Ontario	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes.
	Iron ore	Prohibited within 6 miles from shore.
	All other cargos	Prohibited within 13.8 miles from shore.
Lake Erie	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel operating exclusively within Western Basin may discharge limestone or clean stone cargo residues over the dredged navigation channels between Toledo Harbor Light and Detroit River Light.
	Iron ore	Prohibited within 6 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel may discharge residue over the dredged navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor.
	Coal, salt	Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin, except that a vessel may discharge residue over the dredged navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor.
	All other cargos	Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin.
Lake St. Clair	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes.
	All other cargos	Prohibited.
Lake Huron except Six Fathom Scarp Mid-Lake Special Protection Area	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; prohibited in the Thunder Bay National Marine Sanctuary.
	Iron ore	Prohibited within 6 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary; prohibited for vessels up bound along the Michigan thumb as follows:(1) Between 5.8 miles northeast of entrance buoys 11 and 12 to the track line turn abeam of Harbor Beach, prohibited within 3 miles from shore; and (2) For vessels bound for Saginaw Bay only, between the track line turn abeam of Harbor Beach and 4 nautical miles northeast of Point Aux Barques Light, prohibited within 4 miles from shore and not less than 10 fathoms of depth.
	Coal, salt	Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary; prohibited for vessels up bound from Alpena into ports along the Michigan shore south of Forty Mile Point within 4 miles from shore and not less than 10 fathoms of depth.
	All other cargos	Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National Marine Sanctuary.
Lake Michigan	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas; prohibited within the Northern Refuge; prohibited within 3 miles of the shore of the Indiana Dunes and Sleeping Bear National Lakeshores; prohibited within Green Bay.
	Iron ore	Prohibited in the Northern Refuge; north of 45° N, prohibited within 12 miles from shore and in Green Bay; south of 45° N, prohibited within 6 miles from shore, and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are allowed at:
Code of Federal Regulations - Page 252
		(1) 4.75 miles off Big Sable Point Betsie, along established Lake Carriers Association (LCA) track lines; and
		(2) Along 056.25° LCA track line between due east of Poverty Island to a point due south of Port Inland Light.
	Coal	Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are allowed:
		(1) Along 013.5° LCA track line between 45° N and Boulder Reef, and along 022.5° LCA track running 23.25 miles between Boulder Reef and the charted position of Red Buoy #2;
		(2) Along 037° LCA track line between 45°20′ N and 45°42′ N;(3) Along 056.25° LCA track line between points due east of Poverty Island to a point due south of Port Inland Light; and (4) At 3 miles from shore for coal carried between Manistee and Ludington along customary routes.
	Salt	Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores, and in Green Bay.
	All other cargos	Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of the shore of Indiana Dunes and Sleeping Bear National Lakeshores.
Lake Superior	Limestone and other clean stone	Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water intakes; and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
	Iron ore	Prohibited within 6 miles from shore (within 3 miles off northwestern shore between Duluth and Grand Marais); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
	Coal, salt	Prohibited within 13.8 miles from shore (within 3 miles off northwestern shore between Duluth and Grand Marais); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
	Cement	Prohibited within 13.8 miles from shore (within 3 miles offshore west of a line due north from Bark Point); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
	All other cargos	Prohibited within 13.8 miles from shore; and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
Code of Federal Regulations - Page 253

(c) (1) The master, owner, operator, or person in charge of any commercial ship loading, unloading, or discharging bulk dry cargo in the United States' waters of the Great Lakes and the master, owner, operator, or person in charge of a U.S. commercial ship transporting bulk dry cargo and operating anywhere on the Great Lakes, excluding non-self propelled barges that are not part of an integrated tug and barge unit, must ensure that a written record is maintained on the ship that fully and accurately records information on:

(i) Each loading or unloading operation on the United States' waters of the Great Lakes, or in the case of U.S. commercial ships on any waters of the Great Lakes, involving bulk dry cargo; and

(ii) Each discharge of bulk dry cargo residue that takes place in United States' waters of the Great Lakes, or in the case of U.S. commercial ships on any waters of the Great Lakes.

(2) For each loading or unloading operation, the record must describe:

(i) The date of the operation;

(ii) Whether the operation involved loading or unloading;

(iii) The name of the loading or unloading facility;

(iv) The type of bulk dry cargo loaded or unloaded;

(v) The method or methods used to control the amount of bulk dry cargo residue, either onboard the ship or at the facility;

(vi) The time spent to implement methods for controlling the amount of bulk dry cargo residue; and

(vii) The estimated volume of bulk dry cargo residue created by the loading or unloading operation that is to be discharged.

(3) For each discharge, the record must describe:

(i) The date and time the discharge started, and the date and time the discharge ended;

(ii) The ship's position, in latitude and longitude, when the discharge started and when the discharge ended; and

(iii) The ship's speed during the discharge.

(iv) Records must be kept on Coast Guard Form CG-33, which can be found at http://www.uscg.mil/hq/cg5/cg522/cg5224/dry_cargo.asp. The records must be certified by the master, owner, operator, or person in charge and kept in written form onboard the ship for at least two years. Copies of the records must be forwarded to the Coast Guard at least once each quarter, no later than the 15th day of January, April, July, and October. The record copies must be provided to the Coast Guard using only one of the following means:

(A) E-mail to DCRRecordkeeping@USCG.mil ;

(B) Fax to (202) 372-1926, ATTN: DCR RECORDKEEPING; or

(C) Mail to U.S. Coast Guard: Commandant (CG-522), ATTN: DCR RECORDKEEPING, 2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126.

[USCG-2004-19621, 73 FR 56498, Sept. 29, 2008, as amended at USCG-2010-0351, 75 FR 36284, June 25, 2010]

Title 33 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 33.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-02-28; vol. 78 # 40 - Thursday, February 28, 2013

78 FR 13481 - Implementation of MARPOL Annex V Amendments

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Additional Documents

type	regulations.gov
FR Doc.	2013-04616
RIN	1625-AB97
Docket No.	USCG-2012-1049

DEPARTMENT OF HOMELAND SECURITY, Coast Guard

Interim rule with request for comments.

This interim rule is effective April 1, 2013. Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before May 29, 2013 or reach the Docket Management Facility by that date.

33 CFR Part 151

Summary

The Coast Guard is publishing an interim rule with request for comments to conform regulations to the adopted MARPOL Annex V amendments which entered into force on January 1, 2013. The International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V (Garbage) amendments prohibiting the discharge of garbage from vessels unless expressly allowed were adopted by the International Maritime Organization's Marine Environmental Protection Committee in July 2011 and implemented domestically through the Act to Prevent Pollution from Ships. Under this rule, the only allowed discharges will be certain food wastes, cargo residues, cleaning agents and additives in wash waters, and animal carcasses.

2012-09-10; vol. 77 # 175 - Monday, September 10, 2012

77 FR 55417 - Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters

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Additional Documents

type	regulations.gov
FR Doc.	2012-22240
RIN	1625-AA32
Docket No.	USCG-2001-10486

DEPARTMENT OF HOMELAND SECURITY, Coast Guard

Rule; information collection approval; Correction.

33 CFR Part 151

Summary

On June 13, 2012, the Coast Guard published in the Federal Register an announcement of effective date that announced an information collection approval for the Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (BWDS) Final Rule (77 FR 35268). The rulemaking triggered new information collection requirements affecting vessel owners and their potential requests for an extension of the compliance date if they cannot practicably comply with the compliance date otherwise applicable to their vessels. The June 13, 2012, document announced that the request to revise the existing collection of information to add the new request for an extension provision was approved by the Office of Management and Budget (OMB) and may now be enforced. The OMB control number is 1625-0069. The approval for this collection of information expires on May 31, 2015. In the June 13, 2012, document, the Coast Guard inadvertently failed to indicate that we received public submissions to the BWDS Final Rule (77 FR 17254). The Coast Guard is now publishing a document to advise the public that we received four public submissions to this collection of information. As the four public submissions were not collection of information-related, we did not revise our collection of information estimates. You may view copies of the public submissions and the Coast Guard responses to them in the BWDS docket online by going to http://www.regulations.gov, inserting USCG-2001-10486 in the “Keyword” box, and then clicking “Search.” A corrected information collection request package has been submitted to OMB for their review. The current 1625-0069 approval by OMB is still effective. If OMB decides to amend the current 1625-0069 approval, a copy of that decision will be placed in the docket.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 16 - CONSERVATION

§ 4711 - Aquatic nuisance species in waters of United States

USC : Title 33 - NAVIGATION AND NAVIGABLE WATERS

§ 1321 - Oil and hazardous substance liability

§ 1903 - Administration and enforcement

§ 1908 - Penalties for violations

§ 2602 - Vessel permits and numbers

USC : Title 46 - SHIPPING

§ 6101 - Marine casualties and reporting

Statutes at Large

110 Stat. 3034

Presidential Documents

Executive Order ... 12777

Title 33 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 33 CFR 151 after this date.

2013-02-28; vol. 78 # 40 - Thursday, February 28, 2013

78 FR 13481 - Implementation of MARPOL Annex V Amendments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04616
RIN	1625-AB97
Docket No.	USCG-2012-1049

DEPARTMENT OF HOMELAND SECURITY, Coast Guard

Interim rule with request for comments.

33 CFR Part 151

Summary

2012-09-10; vol. 77 # 175 - Monday, September 10, 2012

77 FR 55417 - Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-22240
RIN	1625-AA32
Docket No.	USCG-2001-10486

DEPARTMENT OF HOMELAND SECURITY, Coast Guard

Rule; information collection approval; Correction.

33 CFR Part 151

Summary

2012-07-30; vol. 77 # 146 - Monday, July 30, 2012

77 FR 44528 - Dry Cargo Residue Discharges in the Great Lakes

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-18399
RIN	1625-AA89
Docket No.	USCG-2004-19621

DEPARTMENT OF HOMELAND SECURITY, Coast Guard

Supplemental notice of proposed rulemaking.

Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before October 29, 2012 or reach the Docket Management Facility by that date. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before October 29, 2012.

33 CFR Part 151

Summary

The Coast Guard proposes replacing its existing interim rule with a new rule to regulate the operation of U.S. and foreign vessels carrying bulk dry cargo such as limestone, iron ore, and coal on the U.S. waters of the Great Lakes, and the operation of U.S. bulk dry cargo vessels anywhere on the Great Lakes. Specifically, the Coast Guard proposes new requirements for the discharge of bulk dry cargo residue (DCR) on the U.S. waters of the Great Lakes. The Coast Guard also announces the availability of the tiered Draft Environmental Impact Statement (DEIS) prepared in support of this proposal. The proposed rule would continue to allow non-hazardous and non-toxic discharges of bulk DCR in limited areas of the Great Lakes. However, vessel owners and operators would need to minimize DCR discharges using methods they would be required to document in DCR management plans. The proposed rule would prohibit limestone and clean stone DCR discharges in some waters where they are now permitted. The proposed rule promotes the Coast Guard's strategic goals of maritime mobility and safety and protection of natural resources.

2012-07-26; vol. 77 # 144 - Thursday, July 26, 2012

77 FR 43741 - MARPOL Annex I Amendments; Extension of Comment Period

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Additional Documents

type	regulations.gov
FR Doc.	2012-18226
RIN	1625-AB57
Docket No.	USCG-2010-0194

DEPARTMENT OF HOMELAND SECURITY, Coast Guard

Extension of comment period.

Comments and related material must be submitted to the docket by September 7, 2012.

33 CFR Parts 151, 155, 156, and 157

Summary

The Coast Guard is extending the comment period for the notice of proposed rulemaking (NPRM) entitled “MARPOL Annex I Amendments,” published on April 9, 2012, for 60 days. We have decided to extend the comment period at the request of industry because we omitted from the docket the accompanying Regulatory Analysis, which informs the proposal.

33 CFR 151.66 - Operating requirements: Discharge of garbage in the Great Lakes and other navigable waters.

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