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Environmental Protection Agency § 229.2 

(F) Restrictions: (1) Disposal shall be 

limited to dredged material determined 

to be suitable for ocean disposal according to 40 CFR 227.13, from the 

Siuslaw River navigation channel and 

adjacent areas; 

(2) Disposal shall be managed by the 

restrictions and requirements contained in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); 

(3) Monitoring, as specified in the 

SMMP, is required. 

(o) Region X Final Other Wastes 

Sites. 

(1) No final sites. 

(2) [Reserved] 

[59 FR 61130, Nov. 29, 1994] 

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting §228.15, see the List of CFR 

Sections Affected, which appears in the 

Finding Aids section of the printed volume 

and at www.fdsys.gov. 

PART 229—GENERAL PERMITS 

Sec. 

229.1 Burial at sea. 

229.2 Transport of target vessels. 

229.3 Transportation and disposal of vessels. 

AUTHORITY: 33 U.S.C. 1412 and 1418. 

SOURCE: 42 FR 2489, Jan. 11, 1977, unless 

otherwise noted. 

§ 229.1 Burial at sea. 

(a) All persons subject to title I of 

the Act are hereby granted a general 

permit to transport human remains 

from the United States and all persons 

owning or operating a vessel or aircraft 

registered in the United States or flying the United States flag and all departments, agencies, or instrumentalities of the United States are hereby 

granted a general permit to transport 

human remains from any location for 

the purpose of burial at sea and to bury 

such remains at sea subject to the 

following conditions: 

(1) Except as herein otherwise provided, human remains shall be prepared 

for burial at sea and shall be buried in 

accordance with accepted practices and 

requirements as may be deemed appropriate and desirable by the United 

States Navy, United States Coast 

Guard, or civil authority charged with 

the responsibility for making such arrangements; 

(2) Burial at sea of human remains 

which are not cremated shall take 

place no closer than 3 nautical miles 

from land and in water no less than one 

hundred fathoms (six hundred feet) 

deep and in no less than three hundred 

fathoms (eighteen hundred feet) from 

(i) 27°30′00′′ to 31°00′00′′ North Latitude 

off St. Augustine and Cape Canaveral, 

Florida; (ii) 82°20′00′′ to 84°00′00′′ West 

Longitude off Dry Tortugas, Florida; 

and (iii) 87°15′00′′ to 89°50′00′′ West Longitude off the Mississippi River Delta, 

Louisiana, to Pensacola, Florida. All 

necessary measures shall be taken to 

ensure that the remains sink to the 

bottom rapidly and permanently; and 

(3) Cremated remains shall be buried 

in or on ocean waters without regard to 

the depth limitations specified in paragraph (a)(2) of this section provided 

that such burial shall take place no 

closer than 3 nautical miles from land. 

(b) For purposes of this section and 

§§229.2 and 229.3, land means that portion of the baseline from which the territorial sea is measured, as provided for 

in the Convention on the Territorial 

Sea and the Contiguous Zone, which is 

in closest proximity to the proposed 

disposal site. 

(c) Flowers and wreaths consisting of 

materials which are readily decomposable in the marine environment may be 

disposed of under the general permit 

set forth in this section at the site at 

which disposal of human remains is authorized. 

(d) All burials conducted under this 

general permit shall be reported within 

30 days to the Regional Administrator 

of the Region from which the vessel 

carrying the remains departed. 

§ 229.2 Transport of target vessels. 

(a) The U.S. Navy is hereby granted a 

general permit to transport vessels 

from the United States or from any 

other location for the purpose of sinking such vessels in ocean waters in 

testing ordnance and providing related 

data subject to the following conditions: 

(1) Such vessels may be sunk at times 

determined by the appropriate Navy 

official; 


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§ 229.3 40 CFR Ch. I (7–1–11 Edition) 

(2) Necessary measures shall be taken 

to insure that the vessel sinks to the 

bottom rapidly and permanently, and 

that marine navigation is not otherwise impaired by the sunk vessel; 

(3) All such vessel sinkings shall be 

conducted in water at least 1,000 fathoms (6,000 feet) deep and at least 50 

nautical miles from land, as defined in 

§229.1(b); and 

(4) Before sinking, appropriate measures shall be taken by qualified personnel at a Navy or other certified facility to remove to the maximum extent practicable all materials which 

may degrade the marine environment, 

including without limitation (i) 

emptying of all fuel tanks and fuel 

lines to the lowest point practicable, 

flushing of such tanks and lines with 

water, and again emptying such tanks 

and lines to the lowest point practicable so that such tanks and lines are 

essentially free of petroleum, and (ii) 

removing from the hulls other pollutants and all readily detachable material capable of creating debris or contributing to chemical pollution. 

(b) An annual report will be made to 

the Administrator of the Environmental Protection Agency setting 

forth the name of each vessel used as a 

target vessel, its approximate tonnage, 

and the location and date of sinking. 

§ 229.3 Transportation and disposal of 

vessels. 

(a) All persons subject to title I of 

the Act are hereby granted a general 

permit to transport vessels from the 

United States, and all departments, 

agencies, or instrumentalities of the 

United States are hereby granted a 

general permit to transport vessels 

from any location for the purpose of 

disposal in the ocean subject to the following conditions: 

(1) Except in emergency situations, 

as determined by the U.S. Army Corps 

of Engineers and/or the U.S. Coast 

Guard, the person desiring to dispose of 

a vessel under this general permit 

shall, no later than 1 month prior to 

the proposed disposal date, provide the 

following information in writing to the 

EPA Regional Administrator for the 

Region in which the proposed disposal 

will take place: 

(i) A statement detailing the need for 

the disposal of the vessel; 

(ii) Type and description of vessel to 

be disposed of and type of cargo normally carried; 

(iii) Detailed description of the proposed disposal procedures; 

(iv) Information on the potential effect of the vessel disposal on the marine environment; and 

(v) Documentation of an adequate 

evaluation of alternatives to ocean disposal (i.e., scrap, salvage, and reclamation). 

(2) Transportation for the purpose of 

ocean disposal may be accomplished 

under the supervision of the District 

Commander of the U.S. Coast Guard or 

his designee. 

(3) Except in emergency situations, 

as determined by the U.S. Army Corps 

of Engineers and/or the District Commander of the U.S. Coast Guard, appropriate measures shall be taken, prior to 

disposal, by qualified personnel to remove to the maximum extent practicable all materials which may degrade the marine environment, including without limitation (i) emptying of 

all fuel lines and fuel tanks to the lowest point practicable, flushing of such 

lines and tanks with water, and again 

emptying such lines and tanks to the 

lowest point practicable so that such 

lines and tanks are essentially free of 

petroleum, and (ii) removing from the 

hulls other pollutants and all readily 

detachable material capable of creating debris or contributing to chemical pollution. 

(4) Except in emergency situations, 

as determined by the U.S. Army Corps 

of Engineers and/or the U.S. Coast 

Guard, the dumper shall, no later than 

10 days prior to the proposed disposal 

date, notify the EPA Regional Administrator and the District Commander of 

the U.S. Coast Guard that the vessel 

has been cleaned and is available for 

inspection; the vessel may be transported for dumping only after EPA and 

the Coast Guard agree that the requirements of paragraph (a)(3) of this section have been met. 

(5) Disposal of these vessels shall 

take place in a site designated on current nautical charts for the disposal of 

wrecks or no closer than 22 kilometers 

(12 miles) from the nearest land and in 


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