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E-M:/ Ballast Water Reporting Rule



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Below is just a fragment.   You can download the complete notice at:
http://www.access.gpo.gov/su_docs/fedreg/a040614c.html

...under "Coast Guard"

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[Federal Register: June 14, 2004 (Volume 69, Number 113)]
[Rules and Regulations]
[Page 32864-32871]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn04-14]

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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 151
[USCG-2002-13147]
RIN 1625-AA51 [Formerly 2115-AG50]

Penalties for Non-Submission of Ballast Water Management Reports

AGENCY: Coast Guard, DHS.
ACTION: Final rule.

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SUMMARY: The Coast Guard finalizes regulations for vessels equipped
with ballast water tanks bound for ports or places within the United
States. These regulations establish penalty provisions for vessels that
fail to submit a ballast water management (BWM) report. Penalty
provisions are also established for vessels bound for the Great Lakes
or portions of the Hudson River who violate the mandatory BWM
requirements. These regulations also widen the reporting and
recordkeeping requirements. This will increase the Coast Guard's
ability to prevent the introduction of nonindigenous species as
required by the Nonindigenous Aquatic Nuisance Prevention and Control
Act and the National Invasive Species Act.

DATES: This final rule is effective August 13, 2004.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2001-13147 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 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 <A 
HREF="http://dms.dot.gov";>
http://dms.dot.gov</A>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Bivan Patnaik, Project Manager, Environmental Standards
Division, Coast Guard, telephone 202-267-1744, email:
<A HREF="mailto:bpatnaik@comdt.uscg.mil";>bpatnaik@comdt.uscg.mil</A>. If 
you have questions on viewing the docket,
call Ms. Andrea M. Jenkins, Program Manager, Docket Operations,
telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Legislative and Regulatory History

     The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (NANPCA) [Pub. L. 101-646], enacted by Congress on November 29,
1990, established the Coast Guard's regulatory jurisdiction over BWM.
To fulfill the directives of NANPCA, the Coast Guard published a final
rule on April 8, 1993, entitled ``Ballast Water Management for Vessels
Entering the Great Lakes'' in the Federal Register (58 FR 18330). This
rule established mandatory BWM procedures for the Great Lakes in 33 CFR
part 151, subpart C.
     A subsequent final rule entitled, ``Ballast Water Management for
Vessels Entering the Hudson River,'' was published on December 30,
1994, in the Federal Register (59 FR 67632), which amended 33 CFR part
151 to extend the BWM requirements into portions of the Hudson River.
     The National Invasive Species Act (NISA) [Pub. L. 104-332]
enacted
by Congress on October 26, 1996, reauthorized and amended NANPCA. NISA
reemphasized the significant role of ships' ballast water in the
introduction and spread of nonindigenous species (NIS). NISA authorized
the development of a voluntary, national BWM program and mandated the
submission of BWM reports without penalty provisions. The Coast Guard
implemented this voluntary program in the interim rule entitled,
``Implementation of the National Invasive Species Act of 1996'' on
November 17, 1999, (64 FR 26672) and finalized it on November 21, 2001
(66 FR 58381).
     NISA also instructed the Secretary of the Department of
Transportation to submit a Report to Congress evaluating the
effectiveness of the voluntary BWM program. Congress anticipated that
the Secretary might determine that either compliance with the voluntary
guidelines was inadequate, or the rate of reporting was too low to
allow for a valid assessment of compliance. In either case, Congress
stipulated the development of additional regulations to make the
voluntary guidelines a mandatory BWM program. The Secretary of the
Department of Transportation's report to Congress, signed June 3, 2002,
concluded that compliance with the voluntary guidelines, found in 33
CFR part 151, subpart D, was insufficient to allow for an accurate
assessment of the voluntary BWM regime. Accordingly, the Secretary of
the Department of Transportation stated his intention to make the
voluntary BWM requirements mandatory. (A copy of this Report to
Congress can be found in the USCG 2002-13147 at <A 
HREF="http://dms.dot.gov";>http://dms.dot.gov</A>).
     On March 1, 2003, the Coast Guard became a component of the
Department of Homeland Security. As a result, the Secretary of the
Department of Homeland Security assumed all duties once bestowed on the
Secretary of the Department of Transportation with respect to this
final rule. The Secretary of the Department of Homeland Security
concurs with the Coast Guard's determination regarding the mandatory
ballast water program.
     On January 6, 2003, we published a notice of proposed rulemaking
entitled, ``Penalties for Non-submission of Ballast Water Management
Reports,'' in the Federal Register (68 FR 523). We received 26 letters
commenting on the proposed rule. No public hearing was requested and
none was held.

Related Projects

     The Coast Guard is currently working on three other projects
related to addressing the NIS problems in U.S. waters.
     The first project proposes mandatory BWM practices for all vessels
bound for ports or places within the U.S. and for vessels entering
waters of the U.S. This proposed rulemaking would increase the Coast
Guard's ability to protect U.S. waters against the introduction of NIS
via ballast water discharges. A notice of proposed rulemaking entitled,
``Mandatory Ballast Water Management Program for U.S. Waters'' was
published on July 30, 2003 (68 FR 44691), and proposes to revise 33 CFR
part 151 to implement the requirements of NISA. Specifically, subpart D
of 33 CFR part 151 would be revised to require a mandatory BWM program
for all vessels equipped with ballast water tanks operating within, or
entering U.S. waters. The mandatory BWM requirements for vessels
entering the Great Lakes and Hudson River from outside the Exclusive
Economic Zone (EEZ) would remain unchanged.
     The second project involves encouraging the installation and
testing of ballast water treatment technologies on board vessels. A
notice, entitled ``Approval for Experimental Shipboard Installations of
Ballast Water Treatment Systems'' (66 FR 282131), published on May 22,
2001, requested comments on a possible means of providing incentives
for ship owners to assist in the development and testing of ballast
water treatment technologies. The Coast Guard has established a program
through which vessel owners can apply for acceptance of experimental
ballast water treatment systems installed and tested on board their
operating vessels. This program facilitates the development of
effective ballast water treatment technology, thus creating more
options for vessels seeking alternatives to ballast water exchange. A

[[Page 32865]]

Navigation Inspection Circular detailing the Shipboard Technology
Evaluation Program (STEP) is available at
http://www.stage.uscg.mil/hq/g-m/mso/step.htm.
     The third project involves establishing water quality standards for
ballast water discharged into U.S. waters. A notice entitled,
``Potential Approaches to Setting Ballast Water Treatment Standards''
(66 FR 21807), published May 1, 2001, requested comments on approaches
to setting, implementing, and enforcing ballast water standards. It was
followed by an advanced notice of proposed rulemaking (ANPRM) entitled
``Standards for Living Organisms in Ships' Ballast Water Discharged in
U.S. Waters'' (67 FR 9632), published on March 4, 2002. This ANPRM
sought comments on the development of a ballast water treatment goal
and an interim ballast water treatment standard. The comment period on
the ANPRM closed on June 3, 2002, and the Coast Guard is currently
analyzing comments. We have also begun the process of preparing a
Programmatic Environmental Impact Statement, as stated in a Notice of
Intent published in the Federal Register on September 26, 2003 (68 FR
55559).

Background and Purpose

     The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (NANPCA), as amended by the National Invasive Species Act of 1996
(NISA), directed the Coast Guard to issue regulations and guidelines to
prevent the introduction and dispersal of nonindigenous species (NIS)
to U.S. waters via ballast water discharges. In carrying out Congress'
intent of a stepped approach, the Coast Guard, as the Secretary's
delegate, is moving forward with the promulgation of regulations that
establish penalty provisions and widen the range of vessels required to
submit and keep, respectively, BWM reports and records. This rule
finalizes regulations that will--
      Establish penalty provisions for vessels bound for ports
or places within the United States who fail to submit ballast water
reporting forms;
      Establish penalty provisions for vessels bound for the
Great Lakes or portions of the Hudson River who violate the mandatory
BWM requirements; and
      Widen the reporting and recordkeeping requirements for
vessels bound for ports or places within the United States.

Discussion of Comments

     The Coast Guard received comments from 26 sources on the notice of
proposed rulemaking. We received comments from vessel owners, industry
associations, non-governmental associations, and Federal and State
agencies. Overall, we received general comments as well as comments on
specific sections of the proposed rulemaking.

General Comments

     The Coast Guard received five comments that supported the penalty
provisions of non-submission of ballast water reporting forms as well
as mandatory reporting, regardless of whether or not vessels operate
outside, or within U.S. waters.
     Four commenters supported the collection of data regarding volumes
and uptake/discharge locations of vessels' ballast water, but did not
support imposing penalties for the voluntary BWM program. These
comments suggested imposing penalties when the program beco [SNIP]

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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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