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Re: GLIN==> Ballast water rule

Alex, et al,
The rule was published on July 30, 2003. Here's the summary and links to the full text.
Waste Information & Management Services, Inc. (WIMS)
Publishers of Michigan Waste Report, REGTrak, WIMS Daily & eNewsUSA
Jeff Dauphin, President
818 Avenue D, Traverse City, MI 49686-3532
Phone: 231-932-1366, Fax: 231-932-1383
Subject: WATER - PR. DHS/Coast Guard. Mandatory Ballast Water Management Program for U.S. Waters

[Federal Register: July 30, 2003 (Volume 68, Number 146)]
[Proposed Rules]              
[Page 44691-44696]


Coast Guard

33 CFR Part 151

RIN 1625-AA52 [Formerly RIN 2115-AG52]
Mandatory Ballast Water Management Program for U.S. Waters

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.


SUMMARY: The unintentional introduction of nonindigenous species (NIS)
into U.S. waters via the discharge of vessels' ballast water has had
significant impacts on the nation's marine and freshwater resources,
biological diversity, and coastal infrastructures. To address this
continued threat, and to comply with the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990, and the National Invasive Species
Act of 1996, the Coast Guard proposes mandatory ballast water
management practices for all vessels equipped with ballast tanks bound
for ports or places within the U.S. and/or entering U.S. waters. The
Great Lakes ballast water management program would remain unchanged.
This proposed rulemaking would increase the Coast Guard's ability to
protect U.S. waters against the introduction of NIS via ballast water

DATES: Comments and related material must reach the Docket Management
Facility on or before October 28, 2003.

ADDRESSES: To make sure that your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
    (1) By mail to the Docket Management Facility (USCG-2003-14273),
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web site for the Docket Management
System at
    You must also mail comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725
17th Street NW., Washington, DC 20503, ATTN: Desk Officer, United
States Coast Guard.
    The Docket Management Facility maintains the public docket for this
proposed rulemaking. Comments and material received from the public, as
well as documents mentioned in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet at
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rulemaking, call Mr. Bivan Patnaik, Environmental Standards Division,
Coast Guard, telephone 202-267-1744, e-mail:
If you have questions on viewing or submitting material to the docket,
call Dorothy Beard, Chief, Dockets, Department of Transportation,
telephone 202-366-5149... IMO's Global Ballast Water Management Programme Web
site [

----- Original Message -----
From: "Alex J. Sagady & Associates" <ajs@sagady.com>
Sent: Thursday, July 31, 2003 1:30 PM
Subject: 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       

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at: 

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax);

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