Ҥ 564. Great Lakes icebreaking operations

“(a) Icebreaking operations.—The Commandant shall conduct icebreaking operations in the Great Lakes in accordance with the standard for icebreaking operations under subsection (b).

“(b) Standard for icebreaking operations.—In carrying out subsection (a)—

“(1) except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways; and

“(2) in a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Coast Guard shall keep ice-covered waterways in the Great Lakes open to navigation at least 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways.

“(c) Report to Congress.—

“(1) DEADLINE.—Not later than July 1 of each year, the Commandant shall submit to Congress a report on the icebreaking operations conducted by the Coast Guard in the Great Lakes for the fiscal year.

“(2) CONTENT.—The report required under paragraph (1) shall include the total number of hours that United States icebreakers conducted icebreaking operations in each of the types of Great Lakes waters described in paragraph (3) and the total number of hours that Canadian icebreakers conducted icebreaking operations in the type of Great Lakes waters described in subparagraphs (3)(A) and (3)(C).

“(3) TYPES OF GREAT LAKES WATERS.—The types of waters described in this paragraph are—

“(A) United States waters, excluding waters described in subparagraph (C);

“(B) Canadian waters, excluding waters described in subparagraph (C); and

“(C) frequent border crossing waters.

“(d) Coordination with industry.—The Commandant shall coordinate Great Lakes icebreaking operations with operators of commercial vessels.

“(e) Definitions.—In this section:

“(1) COMMERCIAL VESSEL.—The term ‘commercial vessel’ means any privately owned cargo vessel of at least 500 tons, as measured under section 14502 of title 46 or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, operating in the Great Lakes during the winter season.

“(2) GREAT LAKES.—The term ‘Great Lakes’—

“(A) has the meaning given such term in section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268); and

“(B) includes harbors.

“(3) ICE-COVERED WATERWAY.—The term ‘ice-covered waterway’ means any portion of the Great Lakes in which commercial vessels operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions.

“(4) OPEN TO NAVIGATION.—The term ‘open to navigation’ means navigable to the extent necessary to meet the reasonable demands of commerce, minimize delays to passenger ferries, extricate vessels and persons from danger, prevent damage due to flooding, and conduct other Coast Guard missions as required.

“(5) REASONABLE DEMANDS OF COMMERCE.—The term ‘reasonable demands of commerce’ means the safe movement of commercial vessels transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes.

“(6) FREQUENT BORDER CROSSING WATERS.—The term ‘frequent border crossing waters’ means the United States waters and Canadian waters of—

“(A) Whitefish Bay in Lake Superior;

“(B) the St. Mary’s River;

“(C) the Detroit and St. Clair rivers system; and

“(D) Western Lake Erie from the Detroit River to Pelee Passage.”.