[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR229.1]



[Page 252-253]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 229_GENERAL PERMITS--Table of Contents

 

Sec.  229.1  Burial at sea.









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.





    (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



[[Page 253]]



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[deg]30[min]00[sec] to 31[deg]00[min]00[sec] North Latitude off St. 

Augustine and Cape Canaveral, Florida; (ii) 82[deg]20[min]00[sec] to 

84[deg]00[min]00[sec] West Longitude off Dry Tortugas, Florida; and 

(iii) 87[deg]15[min]00[sec] to 89[deg]50[min]00[sec] 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 Sec. Sec.  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 de 

com pos a ble 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.