Regulations last checked for updates: Nov 24, 2024

Title 40 - Protection of Environment last revised: Nov 21, 2024
§ 139.40 - Federally-protected waters.

(a) Applicability. The requirements in paragraphs (b) through (l) of this section are in addition to applicable standards in subparts B and C of this part and apply when a vessel is operating in federally-protected waters.

(b) Ballast tanks. The discharge or uptake of ballast water in federally-protected waters must be avoided except for vessels:

(1) Operating within the boundaries of any national marine sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes, unless the designation documents for such sanctuary do not allow taking up or discharging ballast water in such sanctuary, pursuant to 16 U.S.C. 1431 note (Pub. L. 113-281, title VI, § 610, Dec. 18, 2014, 128 Stat. 3064, as amended by Pub. L. 114-120, title VI, § 602(1), Feb. 8, 2016, 130 Stat. 79); or

(2) That operate solely within federally-protected waters and take on and discharge ballast water exclusively in the contiguous portions of a single COTP Zone.

(c) Bilges. For any vessel of 400 GT and above, the discharge of bilgewater into federally-protected waters is prohibited.

(d) Boilers. The discharge of boiler blowdown into federally-protected waters is prohibited.

(e) Chain lockers. The discharge of accumulated water and sediment from any chain locker into federally-protected waters is prohibited.

(f) Decks. The discharge of deck washdown into federally-protected waters is prohibited except for those vessels operating exclusively within these protected waters provided the discharge is in compliance with all other requirements in § 139.15.

(g) Fire protection equipment. The discharge from fire protection equipment into federally-protected water is prohibited except to comply with USCG fire drill requirements or anchor and anchor chain requirements in § 139.14. When USCG fire drills are conducted, the discharge of any firefighting foam into federally-protected waters is prohibited except by any vessel owned or under contract with the United States, State, or local government to do business exclusively in any federally-protected waters.

(h) Graywater systems. The discharge of graywater into federally-protected waters from any vessel with remaining available graywater storage capacity is prohibited.

(i) Hulls and associated niche areas. The discharge from in-water cleaning of vessel hulls and niche areas into federally-protected waters is prohibited except by any vessel owned or under contract with the United States, State, or local government to do business exclusively in any federally-protected waters.

(j) Motor gasoline and compensating systems. The discharge of motor gasoline and compensating discharges into federally-protected waters is prohibited.

(k) Pools and spas. The discharge of pool or spa water into federally-protected waters is prohibited.

(l) Seawater piping systems. The discharge of chemical dosing, as described in § 139.28, into federally-protected waters is prohibited.

authority: 33 U.S.C. 1251
source: 89 FR 82131, Oct. 9, 2024, unless otherwise noted.
cite as: 40 CFR 139.40