§ 165.T09-209 - Regulated Navigation Area; Reporting Requirements for Barges Loaded with Certain Dangerous Cargoes, Illinois Waterway System Within the Ninth Coast Guard District.

(a) Regulated Navigation Area. The following waters are a Regulated Navigation Area (RNA): the Illinois Waterway System above mile 187.2 to the Chicago Lock on the Chicago River at mile 326.7 and to the confluence of the Calumet River and Lake Michigan at mile 333.5 of the Calumet River.

(b) Applicability. This section applies to operators of barges loading or loaded with certain dangerous cargoes (CDCs) within the Regulated Navigation Area. This section does not apply to operators of “empty” CDC barges, as defined in the definitions section.

(c) Definitions. As used in this section:

Barge means a non-self-propelled vessel engaged in commerce. As set out in 33 CFR 160.204, published February 28, 2003 in Notification of Arrival in U.S. Ports, (68 FR 9537, 9544).

Certain Dangerous Cargoes (CDCs) includes any of the following:

(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50, and that is in a quantity in excess of 100 metric tons per barge.

(2) Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration (RSPA) exemption, and that is in a quantity in excess of 100 metric tons per barge.

(3) Division 2.3 “poisonous gas”, as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per barge.

(4) Division 5.1 “Ammonium Nitrate and Certain Ammonium Nitrate Fertilizers” for which a permit is required under 49 CFR 176.415, or for which a permit is required as a condition of a RSPA exemption, and that is in a quantity in excess of 100 metric tons per barge.

(5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation”, as defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per barge when not in a bulk packaging.

(6) Class 7, “highway route controlled quantity” radioactive material or “fissile material, controlled shipment”, as defined in 49 CFR 173.403.

(7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is flammable and/or toxic and carried under 46 CFR 154.7.

(8) The following bulk liquids:

(i) Acetone cyanohydrin,

(ii) Allyl alcohol,

(iii) Chlorosulfonic acid,

(iv) Crotonaldehyde,

(v) Ethylene chlorohydrin,

(vi) Ethylene dibromide,

(vii) Methacrylonitrile,

(viii) Oleum (fuming sulfuric acid), and

(ix) Propylene Oxide.

CDC barge means a barge loaded with CDCs.

Downbound means the tow is traveling with the current.

Empty means no product and the barge is certified gas free by a marine chemist.

Final destination means the final destination of the CDC barge(s); fleeting area, receiving facility or terminal.

Gas free means the barge has been certified by a marine chemist to be gas free.

Loaded means the barge is loaded, or containing CDC cargo residue and not gas free.

Ninth Coast Guard District means the Coast Guard District as set out in 33 CFR part 3.45-1.

Operator means any person, including but not limited to an owner, charterer, or contractor, who conducts or is responsible for the operation of a barge.

Upbound means the tow is traveling against the current.

(d) Effective dates. This section is effective from April 16, 2003 through October 31, 2003.

(e) Regulations. (1) The operator of a barge(s) loaded with or being loaded with CDCs in the RNA must report to the Inland River Vessel Movement Center (IRVMC):

(i) 4 hours prior to loading a barge(s) with CDCs:

(ii) 4 hours prior to dropping off a CDC barge(s) at a fleeting area;

(iii) 4 hours prior to picking up a CDC barge(s) from a fleeting area;

(iv) 4 hours prior to getting underway with a CDC barge(s) within the RNA;

(v) Upon point of entry into the RNA with a CDC barge(s);

(vi) At designated reporting points, set forth in Table 165.T09-209(f), in paragraph (f) of this section;

(vii) When the estimated time of arrival (ETA) to a reporting point varies by 6 hours from the previously reported ETA;

(viii) Any significant deviation from previously reported information;

(ix) Upon arrival at a “final” destination with a CDC barge(s);

(x) Upon departing the RNA with a CDC barge(s); and

(xi) When directed by the IRVMC.

(2) Each report to the IRVMC must contain all the information items specified in Table 165.T09-209(g), in paragraph (g) of this section.

(3) Reports required by this section must be made to the IRVMC either by telephone toll free to [phone], by fax toll free to [phone], or by e-mail to [e-mail].

(4) The general regulations contained in 33 CFR 165.13 apply to this section.

(f) Ninth Coast Guard District inland river reporting points. Operators of barges loading or loaded with CDCs must report the information required by this section at the reporting points designated in Table 165.T09-209(f) to this paragraph.

Table 165.T09-209(f). Ninth Coast Guard District Inland River Reporting Points

(1) Illinois River (ILR) Upbound Reporting Points, at Mile Marker (M) and when Departing Lock & Dam (L&D):

(i) M 187.2 Southern Boundary MSO Chicago AOR

(ii) M 271.5 Dresden L&D

(iii) M 291.0 Lockport L&D

(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet Sag Channel

(v) M 326.4 Thomas S. O'Brien Lock Calumet River

(vi) M 333.5 Confluence of Calumet River and Lake Michigan

(vii) M 326.7 Chicago Lock Chicago River

(2) Illinois River (ILR) Downbound Reporting Points, at mile marker and when Departing Lock & Dam (L&D):

(i) M 326.7 Chicago Lock Chicago River

(ii) M 333.5 Confluence of Calumet River and Lake Michigan

(iii) M 326.4 Thomas S. O'Brien Lock Calumet River

(iv) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet Sag Channel

(iv) M 291.0 Lockport L&D

(v) M 271.5 Dresden L&D

(vi) M 187.2 Southern Boundary MSO Chicago AOR

(g) Required information to be reported to the Inland River Vessel Movement Center (IRVMC). Operators of barges loading or loaded with CDCs must report the information required by this section, as set out in Table 165.T09-209(g) to this paragraph.

Table 165.T09-209(g).—Required Information To Be Reported to the Inland River Vessel Movement Center (IRVMC)24 hr contact numberName and location of the facility or terminal where the barge(s) will be loaded.Name of vessel moving the barge(s)Barge(s) nameType, name and amount of CDC to be loaded or onboardEstimated time of departure from the fleeting area, facility or terminal.Planned route, name and location of “final destination” (fleeting area, receiving facility or terminal), including estimated date of arrivalReporting pointEstimated time of arrival (ETA) to next reporting point(1) 4 hours prior to loading a barge(s) with CDCXXXX(2) 4 hours prior to dropping off a CDC barge(s) to a fleeting areaXX(3) 4 hours prior to picking up a CDC barge(s) from a fleeting areaXXXXXXX(4) 4 hours prior to getting underway within the RNAXXXXXXX(5) Upon point of entry into the RNAXXXXXXX(6) At designated reporting points in TABLE 165.T09-209 (f)XXIf changedIf changedXX(7) When ETA to a reporting point varies by 6 hours from previously reported ETAXXIf changedX(8) Any significant deviation from previously reported informationXXXXXXXXX(9) Upon arrival at destinationXX(10) Upon departing the RNAXXX(11) When directed by the IRVMCXXXXXXXXX

(h) Deviation from the requirements of this section is prohibited unless specifically authorized by the Commander, Ninth Coast Guard District or designated representatives. Designated representatives include Captains of the Port within the Ninth Coast Guard District.

(i) In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226.