1625-0058 Stat/Authority

Coast Guard, DHS

§ 151.1006

§ 151.79 Operating requirements: Discharge of sewage within Antarctica.

Shore Protection Act of 1988, (33 U.S.C.
2601 et seq.).

(a) A vessel certified to carry more
than 10 persons must not discharge untreated sewage into the sea within 12
nautical miles of Antarctic land or ice
shelves; beyond such distance, sewage
stored in a holding tank must not be
discharged instantaneously but at a
moderate rate and, where practicable,
while the ship is en route at a speed of
no less than 4 knots. For purposes of
this section, ‘‘sewage’’ means:
(1) Drainage and other wastes from
any form of toilets, urinals, and WC
scuppers;
(2) Drainage from medical premises
(dispensary, sick bay, etc.) via wash basins, wash tubs, and scuppers located in
such premises;
(3) Drainage from spaces containing
living animals; or
(4) Other waste waters when mixed
with the drainages defined above.
(b) Paragraph (a) of this section does
not apply to a warship, naval auxiliary,
or other ship owned or operated by the
United States and used only in government non-commercial service.
(c) Paragraph (a) of this section does
not apply in cases of an emergency relating to the safety of a ship and those
on board or saving life at sea. Notice of
an activity, otherwise prohibited under
paragraph (a) of this section, undertaken in case of an emergency shall be
reported immediately to the National
Response Center (NRC) toll free telephone number: 800–424–8802, direct telephone: 202–267–2675, or Fax: 202–267–1322.

[CGD 89–014, 54 FR 22548, May 24, 1989, as
amended by USCG–2001–9286, 66 FR 33641,
June 25, 2001]

[CGD 97–015, 62 FR 18045, Apr. 14, 1997, as
amended by USCG–2008–0179, 73 FR 35014,
June 19, 2008]

Subpart B—Transportation of
Municipal and Commercial Waste
AUTHORITY: 33 U.S.C. 2602; 49 CFR 1.46.

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SOURCE: CGD 89–014, 54 FR 22548, May 24,
1989, unless otherwise noted.

§ 151.1000

Purpose.

The purpose of this subpart is to implement the permit provisions of the

§ 151.1003 Applicability.
(a) Except as provided by paragraph
(b) of this section, this subpart applies
to each vessel whose purpose is the
transportation of municipal or commercial waste in coastal waters.
(b) This subpart does not apply to
public vessels.
§ 151.1006 Definitions.
As used in this subpart—
Coastal waters means—
(1) The territorial sea of the United
States;
(2) The Great Lakes and their connecting waters;
(3) The marine and estuarine waters
of the United States up to the head of
tidal influence; and
(4) The Exclusive Economic Zone as
established by Presidential Proclamation Number 5030, dated March 10, 1983.
NOTE: The Exclusive Economic Zone extends from the baseline of the territorial sea
of the United States seaward 200 miles.

Municipal and commercial waste means
solid waste as defined in section 1004 of
the Solid Waste Disposal Act (42 U.S.C.
6903) except—
(1) Solid waste identified and listed
under section 3001 of the Solid Waste
Disposal Act (42 U.S.C. 6921);
(2) Waste generated by a vessel during normal operations;
(3) Debris solely from construction
activities;
(4) Sewage sludge subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1401 et seq.); and
(5) Dredge or fill material subject to
regulation under title I of the Marine
Protection, Research and Sanctuaries
Act of 1972 (33 U.S.C. 1401 et seq.), the
Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), or the Rivers and
Harbors Appropriation Act of 1899 (33
U.S.C. 401 et seq.).
Public vessel means a vessel that—
(1) Is owned, or demise chartered, and
operated by the United States Government or a government of a foreign
country; and

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§ 151.1009

33 CFR Ch. I (7–1–12 Edition)

(2) Is not engaged in commercial
service.
Vessel means every description of
watercraft or other artifical contrivance used, or capable of being used, as
a means of transportation on water.
[CGD 89–014, 54 FR 22548, May 24, 1989, as
amended by USCG–2001–9286, 66 FR 33641,
June 25, 2001]

§ 151.1009 Transportation of municipal
or commercial waste.
A vessel may not transport municipal or commercial waste in coastal
waters without—
(a) A conditional permit to transport
municpal or commercial waste issued
under this subpart; and
(b) Displaying a number in accordance with § 151.1024.
[CGD 89–014, 54 FR 22548, May 24, 1989; CGD
89–014, 54 FR 24078, June 5, 1989]

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§ 151.1012 Applying for a conditional
permit.
(a) The owner or operator of each
vessel to which this subpart applies
shall apply by letter for a conditional
permit required by § 151.1009. Applications must be submitted to Commandant (CG–5431), U.S. Coast Guard
Headquarters, 2100 2nd St., SW., Stop
7581, Washington, DC 20593–7581, Attn:
Shore Protection Act Desk and include
the following:
(1) The name, address, and telephone
number of the vessel owner and operator.
(2) The vessel’s name and official
number, if any.
(3) The vessel’s area of operation.
(4) The vessel’s transport capacity.
(5) A history of the types of cargo
transported by the vessel during the
previous year, including identifying
the type of municipal or commercial
waste transported as—
(i) Municipal waste;
(ii) Commercial waste;
(iii) Medical waste; or
(iv) Waste of another character.
(6) The types of cargo to be transported by the vessel during the effective period of the conditional permit,
including identifying the type of municipal or commercial waste as it is
identified
in
paragraphs
(a)(5)(i)
through (iv) of this section.

(7) A statement of whether the application for a conditional permit is for a
single voyage, a short term operation
or a continuing operation. If the application is for a single voyage or a short
term operation, the statement must include the duration of the voyage or operation.
(8) An acknowledgment that certifies
as to the truthfulness and accuracy of
the information provided.
(b) The owner or operator under paragraph (a) of this section shall provide
any additional information the Coast
Guard may require.
[CGD 89–014, 54 FR 22548, May 24, 1989,
amended by CGD 96–026, 61 FR 33665, June
1996; USCG–2008–0179, 73 FR 35014, June
2008; USCG–2010–0351, 75 FR 36284, June
2010]

§ 151.1015 Issuing or denying the
issuance of a conditional permit.
(a) After reviewing the application
made under § 151.1012, the Coast Guard
either—
(1) Issues the conditional permit for a
vessel under this section; or
(2) Denies the issuance of the conditional permit to the vessel in accordance with paragraph (c) of this section.
On denying the issuance of the permit,
the Coast Guard notifies the applicant
of the—
(i) Denial and the reason for the denial; and
(ii) Procedures under § 151.1021 for appealing the denial.
(b) Each conditional permit issued
under this section is effective—
(1) On the date it is issued; and
(2) Until the expiration date stated
on the conditional permit unless it is—
(i) Withdrawn under § 151.1018;
(ii) Terminated because—
(A) The vessel is sold; or
(B) This subpart no longer applies to
the vessel.
(c) The Coast Guard may deny the
issuance of a conditional permit if—
(i) The application does not contain
the
information
required
under
§ 151.1012; or
(ii) There is reason to believe that
the information contained on the application is not true and correct.

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Coast Guard, DHS

§ 151.1024

§ 151.1018 Withdrawal of a conditional
permit.
(a) The Coast Guard may withdraw a
conditional permit if the Administrator of the EPA requests withdrawal
because the Administrator has determined that the owner or operator of
the vessel has a record or a pattern of
serious violations of—
(1) Subtitle A of the Shore Protection
Act of 1988 (33 U.S.C. 2601 et seq.);
(2) The Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(3) The Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C.
1401 et seq.);
(4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 1401 et
seq.); or
(5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Upon reaching a determination to
withdraw a conditional permit, the
Coast Guard notifies the owner or operator of—
(1) The withdrawal and the reason for
the withdrawal;
(2) The procedures for appealing the
withdrawal.
(c) After receiving the notice under
paragraph (b) of this section, the owner
or operator shall ensure that—
(1) The vessel immediately ceases
transporting municipal or commercial
waste and the marking required by
§ 151.1024 is removed; and
(2) The conditional permit is returned to the Coast Guard within 5
days after receiving the notice.

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§ 151.1021

Appeals.

(a) Any person directly affected by an
action taken under this subpart may
request reconsideration by the Coast
Guard officer responsible for that action.
(b) The person affected who is not
satisfied with a ruling after having it
reconsidered under paragraph (a) of
this section may—
(1) Appeal that ruling in writing
within 30 days after the ruling to the
Assistant Commandant for Marine
Safety, Security, and Stewardship (CG–
5), U.S. Coast Guard Headquarters, 2100
2nd St., SW., Stop 7355, Washington, DC
20593–7355; and

(2) Supply supporting documentation
and evidence that the appellant wishes
to have considered.
(c) After reviewing the appeal submitted under paragraph (b) of this section, the Assistant Commandant for
Marine Safety, Security and Environmental Protection issues a ruling
which is final agency action.
(d) If the delay in presenting a written appeal has an adverse impact on
the operations of the appellent, the appeal under paragraph (b) of this section—
(1) May be presented orally; and
(2) Must be submitted in writing
within five days after the oral presentation—
(i) With the basis for the appeal and
a summary of the material presented
orally; and
(ii) To the same Coast Guard official
who heard the oral presentation.
[CGD 89–014, 54 FR 22548, May 24, 1989, as
amended by CGD 96–026, 61 FR 33665, June 28,
1996; CGD 97–023, 62 FR 33363, June 19, 1997;
USCG–2002–12471, 67 FR 41332, June 18, 2002;
USCG–2008–0179, 73 FR 35014, June 19, 2008;
USCG–2010–0351, 75 FR 36284, June 25, 2010]

§ 151.1024

Display of number.

(a) The owner or operator of each
vessel under this subpart must ensure
that the vessel number stated on the
conditional
permit
issued
under
§ 151.1015 is displayed so that it—
(1) Is clearly legible;
(2) Has a contrasting background;
(3) Is readily visible from either side
of the vessel; and
(4) Is in block figures that are at
least 18 inches in height.
(b) No person may tamper with or
falsify a number required under this
section.

Subpart C—Ballast Water Management for Control of Nonindigenous Species in the
Great Lakes and Hudson
River
AUTHORITY: 16 U.S.C. 4711; Department of
Homeland Security Delegation No. 0170.1.
SOURCE: CGD 91–066, 58 FR 18334, Apr. 8,
1993, unless otherwise noted.

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