GLIN==> Dry Cargo Residue Dumping Interim Rules

["Alex J. Sagady & Associates" <ajs@sagady.com>]

Monday's federal register

Coast
Guard 
  
RULES

Dry Cargo Residue Discharges in the Great Lakes,
56492?56501 [E8?22670]  [PDF]

SUMMARY: The Coast Guard is amending its 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. DCR is the residue of non-toxic and non-
hazardous bulk dry cargo like limestone, iron ore, and coal. These
regulations also add new recordkeeping and reporting requirements and
encourage carriers to adopt voluntary control measures for reducing
discharges. Discharges are now prohibited in certain protected and
sensitive areas where, previously, they were allowed. The Coast Guard
also requests 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 are allowed or prohibited.

DATES: This interim rule takes effect September 29, 2008. Initial
reports under amended 33 CFR 151.66(c)(4) are due January 15, 2009.
Comments and related material submitted in response to the request for
comments must reach the Docket Management Facility on or before January
15, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2004-19621 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet at <A HREF="" href="http://www.regulations.gov/" eudora="autourl"> http://www.regulations.gov</A>.
    We encourage you to submit comments identified by Coast Guard
docket number USCG-2004-19621 to the Docket Management Facility at the
U.S. Department of Transportation. To avoid duplication, please use
only one of the following methods:
    (1) Online: <A HREF="" href="http://www.regulations.gov/" eudora="autourl"> http://www.regulations.gov "> http://www.regulations.gov</A>.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
    (4) Fax: 202-493-2251.
    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act system of
records notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call LT Heather St. Pierre, U.S. Coast Guard, telephone 202-372-
1432 or e-mail <A HREF="" href="mailto:Heather.J.St.Pierre@uscg.mil" eudora="autourl"> mailto:Heather.J.St.Pierre@uscg.mil ">Heather.J.St.Pierre@uscg.mil</A>. If you have questions on
viewing or submitting material to the docket, call Ms. Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Acronyms
II. Regulatory History and Good Cause for Immediate Effectiveness
III. Background, Purpose, and Discussion of Rule
IV. Discussion of Comments
V. Request for Additional Comments
VI. Regulatory Evaluation
    A. Executive Order 12866
    B. Small Entities
    C. Assistance for Small Business
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Acronyms

APA Administrative Procedure Act
DCR Dry Cargo Residue

[[Page 56493]]

DEIS Draft Environmental Impact Statement
FEIS Final Environmental Impact Statement
IEP Interim Enforcement Policy
NPRM Notice of Proposed Rulemaking
ROD Record of Decision

II. Regulatory History and Good Cause for Immediate Effectiveness

    In the Federal Register on May 23, 2008, we published a notice of
proposed rulemaking (NPRM) and a notice of availability for the
accompanying Draft Environmental Impact Statement (DEIS) (73 FR 30014).
We received written comments on the proposed rule from 55 sources, and
heard  

SNIP

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