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GLIN==> Ballast water rule

This rule was published today in the FR....I have only
part of it...EPA list serve messed up........  This, of course,
affects the matter of foreign species in the Great Lakes.
If you want the complete rule, go to www.access.gpo.gov and
you can download it there.

List of Subjects in 33 CFR Part 151

     Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Ballast water management.

     For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 151 as follows:


Subpart D--Ballast Water Management for Control of Nonindigenous
Species in Waters of the United States

     1. The authority citation for subpart D is revised to read as

     Authority: 16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.

Sec.  151.2010  [Revised]

     2. Revise Sec.  151.2010(d) by removing the phrase ``and in waters
more than 2,000 meters (6,560 feet, 1,093 fathoms) deep''.
     3. Revise Sec.  151.2035, the section heading and the introductory
text in paragraph (a), and paragraphs (a)(7), and (b) to read as

Sec.  151.2035  What are the required ballast water management
practices for my vessel?

     (a) Masters, owners, operators, or persons-in-charge of all vessels
equipped with ballast water tanks that operate in the waters of the
United States must:
* * * * *
     (7) Maintain a ballast water management plan that has been
developed specifically for the vessel that will allow any ship's
officer to understand and follow the vessels ballast water management
* * * * *
     (b) In addition to the provisions of paragraph (a) of this section,
if the vessel carries ballast water that was taken on in areas less
than 200 nautical miles from any shore into the waters of the United
States after operating beyond the Exclusive Economic Zone, you (the
master, operator, or person-in-charge of a vessel) must employ at least
one of the following ballast water management practices:
     (1) Perform complete ballast water exchange in an area no less than
200 nautical miles from any shore prior to discharging ballast water in
United States waters;
     (2) Retain ballast water onboard the vessel;
     (3) Prior to the vessel entering United States waters, use an
alternative environmentally sound method of ballast water management
that has been approved by the Coast Guard; or
     (4) Discharge ballast water to an approved reception facility.
     4. Add Sec.  151.2036 to read as follows:

Sec.  151.2036  If my voyage does not take me into waters 200 nautical
miles or greater from any shore must I divert to conduct a ballast
water exchange?

     A vessel will not be required to deviate from its voyage, or delay
the voyage, in order to conduct a ballast water exchange.
     5. Add Sec.  151.2037 to read as follows:

Sec.  151.2037  If my vessel cannot conduct ballast water management
because of its voyage and/or safety concerns, will I be prohibited from
discharging ballast water?

     A vessel who cannot practicably meet the requirements of paragraphs
(b)(1)-(b)(4) of section Sec.  151.2035 because its voyage does not
take it into waters 200 nautical miles or greater from any shore for a
sufficient length of time, and/or because of the safety concerns
contained in Sec.  151.2030, will not be prohibited from the discharge
of ballast water in areas other than the Great Lakes and the Hudson
River. However, the vessel must discharge only that amount
operationally necessary and make ballast water records available to the
local Captain of the Port upon request.

     Dated: July 25, 2003.
Thomas H. Collins,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 03-19373 Filed 7-25-03; 4:33 pm]

Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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