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DHS/USCG RIN: 1625-AA89 Publication ID: Spring 2009 
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 discharge cargo residues (“dry cargo residue”) 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, non-toxic and non-hazardous. 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. The Coast Guard published an Interim Rule (73 FR 56492) on September 29, 2008. It amended the regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. This regulation adopts the IEP, new recordkeeping and reporting requirements and encourages carriers to adopt voluntary control measures for reducing discharges. Discharges are also now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard requested public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges were allowed or prohibited. The Coast Guard has now entered Phase II, studying control measures on vessels and bulk dry cargo facilities, to reduce the amount of residue discharges in the Great Lakes. 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 33 CFR 151   
Legal Authority: PL 108-293   
Legal Deadline:  None
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    
Final Rule  12/00/2012    
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:
Doug Boren
Project Manager, CG-5224
Department of Homeland Security
U.S. Coast Guard
2100 Second Street SW.,
Washington, DC 20593
Phone:202 372-1429
Email: douglas.p.boren@uscg.mil