###### Editorial Note on [Part 165](/current/title-33/part-165?toc=1)

#### Editorial Note:

Nomenclature changes to part 165 appear by USCG-2006-25556, [72 FR 36328](https://www.federalregister.gov/citation/72-FR-36328), [36329](https://www.federalregister.gov/citation/72-FR-36329), July 2, 2007 and by USCG-2018-1049, [84 FR 7813](https://www.federalregister.gov/citation/84-FR-7813), Mar. 5, 2019.

#### § 165.921 Regulated Navigation Area; Reporting Requirements for Barges Loaded with Certain Dangerous Cargoes, Illinois Waterway System located 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) *Enforcement and applicability.*

(1) Beginning January 1, 2016, reporting requirements under this RNA will be enforced only when directed by the District Commander or designated representative under [paragraphs (d)(1)(ix)](/on/2024-09-19/title-33/section-165.921#p-165.921(d)(1)(ix)), [(d)(2)(iv)](/on/2024-09-19/title-33/section-165.921#p-165.921(d)(2)(iv)), [(f)(9)](/on/2024-09-19/title-33/section-165.921#p-165.921(f)(9)), and [(g)(4)](/on/2024-09-19/title-33/section-165.921#p-165.921(g)(4)) of this section. Reporting points as listed in [paragraph (e)](/on/2024-09-19/title-33/section-165.921#p-165.921(e)) of this section may be used to determine and inform where reporting is required. Compliance under other parts of this section is stayed until a future date published in the Federal Register, if determined necessary.

(2) This section applies to towing vessel operators and fleeting area managers responsible for CDC barges in the RNA. This section does not apply to:

(i) Towing vessel operators responsible for barges not carrying CDCs barges, or

(ii) Fleet tow boats moving one or more CDC barges within a fleeting area.

(c) *Definitions.* As used in this section—

*Barge* means a non-self propelled vessel engaged in commerce, as set out in [33 CFR 160.202](/on/2024-09-19/title-33/section-160.202).

*Certain Dangerous Cargo* or (*CDC*) includes any of the following:

(1) Division 1.1 or 1.2 explosives as defined in [49 CFR 173.50](/on/2024-09-19/title-49/section-173.50).

(2) Division 1.5D blasting agents for which a permit is required under [49 CFR 176.415](/on/2024-09-19/title-49/section-176.415) or, for which a permit is required as a condition of a Research and Special Programs Administration exemption.

(3) Division 2.3 “poisonous gas”, as listed in [49 CFR 172.101](/on/2024-09-19/title-49/section-172.101) that is also a “material poisonous by inhalation” as defined in [49 CFR 171.8](/on/2024-09-19/title-49/section-171.8), and that is in a quantity in excess of 1 metric ton per barge.

(4) Division 5.1 oxidizing materials for which a permit is required under [49 CFR 176.415](/on/2024-09-19/title-49/section-176.415) or, for which a permit is required as a condition of a Research and Special Programs Administration exemption.

(5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed in [49 CFR 172.101](/on/2024-09-19/title-49/section-172.101) that is also a “material poisonous by inhalation”, as defined in [49 CFR 171.8](/on/2024-09-19/title-49/section-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](/on/2024-09-19/title-49/section-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](/on/2024-09-19/title-46/section-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 containing CDCs or CDC residue.

*Downbound* means the tow is traveling with the current.

*Fleet tow boat* means any size vessel that is used to move, transport, or deliver a CDC barge within a fleeting area.

*Fleeting area* means any fleet, including any facility, located within the area covered by one single port.

*Ninth District CDC Reporting Unit* or (*(D9 CDCRU)*) means the Coast Guard office that is responsible for collecting the information required by this section.

*Ninth Coast Guard District* means the Coast Guard District as set out in [33 CFR 3.45-1](/on/2024-09-19/title-33/section-3.45-1).

*Towing vessel* means any size vessel that is used to move, transport, or deliver a CDC barge to a fleet or facility that is located in a different port than where the voyage originated.

*Towing vessel operator* means the Captain or pilot who is on watch on board a towing vessel.

*Upbound* means the tow is traveling against the current.

(d) *Regulations.* The following must report to the Ninth District CDC Reporting Unit Eighth District (D9 CDCRU):

(1) The towing vessel operator responsible for one or more CDC barges in the RNA must report all the information items specified in table [165.921(f)](/on/2024-09-19/title-33/section-165.921#p-165.921(f)), in [paragraph (f)](/on/2024-09-19/title-33/section-165.921#p-165.921(f)) of this section, to the D9 CDCRU:

(i) Upon point of entry into the RNA with one or more CDC barges;

(ii) Four hours before originating a voyage within the RNA with one or more CDC barges, except if the evolution of making up a tow with a CDC barge will take less than 4 hours before originating a voyage, and the towing vessel operator did not receive the order to make up a tow with a CDC barge in advance of 4 hours before originating the voyage with one or more CDC barges, in which case the towing vessel operator shall submit the required report to the D9 CDCRU as soon as possible after receiving orders to make up a tow with one or more CDC barges;

(iii) Upon dropping off one or more CDC barges at a fleeting area or facility;

(iv) Upon picking up one or more additional CDC barges from a fleeting area or facility;

(v) At designated reporting points, set forth in paragraph of this section;

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

(vii) Any significant deviation from previously reported information;

(viii) Upon departing the RNA with one or more CDC barges; and

(ix) When directed by the District Commander or designated representative.

(2) The fleeting area manager responsible for one or more CDC barges in the RNA must report all the information items specified in table [165.921(g)](/on/2024-09-19/title-33/section-165.921#p-165.921(g)), in [paragraph (g)](/on/2024-09-19/title-33/section-165.921#p-165.921(g)) of this section, to the D9 CDCRU:

(i) Once daily, report all CDC barges within the fleeting area;

(ii) Upon moving one or more CDC barges within a fleeting area by a fleet tow boat;

(iii) Any significant deviation from previously reported information; and

(iv) When directed by the District Commander or designated representative.

(3) Reports required by this section may be made by a company representative or dispatcher on behalf of the fleeting area manager.

(4) When required, reports under this section must be made either by email at *[d09-smb-cdcru@uscg.mil](mailto:d09-smb-cdcru@uscg.mil)* or via phone or fax as provided in the notification as directed by the District Commander or designated representative through the D9 CDCRU. Notification of when and where reporting is required may be made through Marine Safety Information Bulletins, Notices of Enforcement, email and/or through industry outreach. At all other times, reporting under this section is not required and communications should be directed to the Captain of the Port.

(5) The general regulations contained in [33 CFR 165.13](/on/2024-09-19/title-33/section-165.13) apply to this section.

(e) *Ninth Coast Guard District Illinois Waterway System RNA Reporting points.* Towing vessel operators responsible for one or more CDC barges in the RNA must make reports to the D9 CDCRU at each point listed in this [paragraph (e)](/on/2024-09-19/title-33/section-165.921#p-165.921(e)).

(1) Illinois River (ILR) Upbound, at Mile Markers (M) and when Departing Lock & Dam (L&D)—

(i) M 187.2 (Southern Boundary MSU Chicago AOR),

(ii) M 303.5 Junction of Chicago Sanitary Ship Canal and Calumet-Sag Channel,

(iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,

(iv) M 333.5 Confluence of Calumet River and Lake Michigan, and

(v) M 326.7 Chicago L&D, Chicago River.

(2) Illinois River (ILR) Downbound Reporting Points, at Mile Markers (M) and when Departing Lock & Dam (L&D)—

(i) M 326.7 Chicago L&D, Chicago River,

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

(iii) M 326.4 Thomas S. O'Brien L&D, Calumet River,

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

(v) M 187.2 (Southern Boundary MSU Chicago AOR).

(f) *Information to be reported to the D9 CDCRU by towing vessel operators.* With the exception noted in [paragraph (d)(1)(ii)](/on/2024-09-19/title-33/section-165.921#p-165.921(d)(1)(ii)) of this section, towing vessel operators responsible for one or more CDC barges in the RNA must report all the information required by this section as set out in table [165.921(f)](/on/2024-09-19/title-33/section-165.921#p-165.921(f)) of this paragraph.

Table [165.921](/on/2024-09-19/title-33/section-165.921)(f)—Information To Be Reported to the D9 CDCRU by Towing Vessel Operators

| | 24-hour contact number | Name of vessel moving barge(s) | Barge(s) name and official number | Type, name and amount of CDC onboard | Estimated time of departure from fleeting area or facility | Name and location of destination of CDC barge (fleeting area or facility), including estimated time of arrival | Reporting point | Estimated time of arrival (ETA) to next reporting point (If applicable) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (1) Upon point of entry into the RNA with a CDC barge | X | X | X | X | | X | X | X |
| (2) 4 hours before originating a voyage within the RNA with one or more CDC barges; but see exception in [paragraph (d)(1)(ii)](/on/2024-09-19/title-33/section-165.921#p-165.921(d)(1)(ii)) of this section. | X | X | X | X | X | X | | X |
| (3) Upon dropping off one or more CDC barges at a fleeting area or facility | | X | X | | | | | |
| (4) Upon picking up one or more additional CDC barges from a fleeting area or facility. | | X | X | X | | | | |
| (5) At designated reporting points in [165.921(e)](/on/2024-09-19/title-33/section-165.921#p-165.921(e)) | | X | X | (1) | | (1) | X | X |
| (6) When ETA to a reporting point varies by 6 hours from previously reported ETA | | X | (1) | (1) | | | | X |
| (7) Any significant deviation from previously reported information (all that apply) | X | X | X | X | X | X | X | X |
| (8) Upon departing the RNA with a CDC barge (s) | | X | X | | | | X | |
| (9) When directed by the District Commander or designated representative | X | X | X | X | X | X | X | X |
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1 If changed. | | | | | | | | |

(g) *Information to be reported to the D9 CDCRU by fleeting area managers.* Fleeting area managers responsible for one or more CDC barges in the RNA must report the information required by this section as set out in table [165.921(g)](/on/2024-09-19/title-33/section-165.921#p-165.921(g)) to this paragraph.

Table [165.921](/on/2024-09-19/title-33/section-165.921)(g)—Information To Be Reported to the D9 CDCRU by Fleeting Area Managers

| | 24-hour contact number | Barge(s) name and official number | Type, name and amount of CDC onboard | Location of CDC barge (fleeting area or facility) |
| --- | --- | --- | --- | --- |
| (1) Once daily, all CDC barges in a fleeting area | X | X | X | X |
| (2) Upon moving one or more CDC barges within a fleeting area by a fleet tow boat | | X | X | X |
| (3) Any significant deviation from previously reported information (all that apply) | X | X | X | X |
| (4) When directed by the District Commander or designated representative | X | X | X | X |

(h) *Alternative reporting.* The Ninth Coast Guard District Commander may consider and approve alternative methods to be used by a reporting party to meet any reporting requirements if—

(1) The request is submitted in writing to Commander, Ninth Coast Guard District (m), 1240 E. Ninth Street, Cleveland, Ohio, 44199-2060; and

(2) The alternative provides an equivalent level of the reporting that which would be achieved by the Coast Guard with the required check-in points.

(i) Deviation from this section is prohibited unless specifically authorized by the Commander, Ninth Coast Guard District or designated representative.

(Approved by the Office of Management and Budget under OMB control number 1625-1505)

[CDG09-03-241, [68 FR 57622](https://www.federalregister.gov/citation/68-FR-57622), Oct. 6, 2003, as amended by USCG-2005-21869, [80 FR 5336](https://www.federalregister.gov/citation/80-FR-5336), Jan. 30, 2015; USCG-2013-0849, [80 FR 81189](https://www.federalregister.gov/citation/80-FR-81189), Dec. 29, 2015]