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DHS/USCG RIN: 1625-AA89 Publication ID: Fall 2008 
Title: Dry Cargo Residue Discharges in the Great Lakes (USCG-2004-19621) 
Abstract: The historical practice of bulk dry cargo vessels on the Great Lakes is to wash or otherwise deposit cargo residues (“dry cargo residue” or “cargo sweepings”) overboard. Dry cargo residue is cargo that remains on the deck or cargo spaces after loading or unloading operations. Generally, these residues include limestone and other clean stone, iron ore (such as taconite), coal, salt, and cement. These substances are primarily inorganic and thought to be non-toxic and non-hazardous. Dry cargo residues from conveyor belts and cargo holds are collected and deposited overboard and the post-loading residues are washed off the deck and other working spaces to eliminate unsafe conditions onboard the vessel, without requiring alternatives that could involve time delays or added cost. The implementing regulations for Annex V of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL Annex V), prohibits the discharge of “garbage,” which these sweepings are defined as, into the navigable waters of the U.S. However, under an “interim enforcement policy” (IEP) adopted by the USCG’s Ninth District in 1993 (and revised/reissued in 1995 and 1997) and adopted by Congress beginning in 1998, these requirements were not enforced, thereby allowing the continuation of cargo sweeping in specified areas of the Great Lakes. Under the Coast Guard’s permanent regulatory authority over Great Lakes dry cargo residue discharges (Pub. L. 108-293, sec. 623), the Coast Guard has proposed a rule that adopts the IEP, adds six sensitive and protected areas where discharge is restricted, and mandates recordkeeping and reporting of dry cargo residue discharges. The voluntary use of dry cargo residue control measures will be encouraged. Market or Regulatory Failure Analysis: This rulemaking is a first step towards amending Coast Guard regulations in accordance with an existing Coast Guard policy that allows the discharge of non-toxic and non-hazardous bulk dry cargo residues (DCR) like limestone, iron ore, and coal in limited areas of the Great Lakes. The rule does not require any DCR discharge control measures but only sets recordkeeping requirements and designates additional special protected areas. The recordkeeping requirements are meant to inform a later rule that would address actual control measures for reducing the impact of DCR discharges on the environment. This proposed rule also encourages carriers to adopt voluntary control measures for reducing discharges. 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 33 CFR 151   
Legal Authority: PL 108-293   
Legal Deadline:
Action Source Description Date
Other  Statutory  Existing interim enforcement policy expires  09/30/2008 

Overall Description of Deadline: Public Law 108-293 section 623 directs the Coast Guard to continue implementation of an existing enforcement policy that regulates incidental dry cargo residue on the Great Lakes, until September 30, 2008, or until the promulgation of new regulations that would replace the existing policy.

Timetable:
Action Date FR Cite
NPRM  05/23/2008  73 FR 30014   
NPRM Comment Period End  07/22/2008    
Interim Final Rule  09/29/2008  73 FR 56492   
Interim Final Rule Comment Period End  01/15/2009    
Additional Information: Supplementary information about this rulemaking may be found in the docket for this rulemaking. The docket may be accessed via the URL listed below.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
LT Heather St. Pierre
Project Manager, CG-5224
Department of Homeland Security
U.S. Coast Guard
2100 Second Street SW.,
Washington, DC 20953
Phone:202 372-1432
Email: heather.j.st.pierre@uscg.mil