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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 E-Mail: jd@ecobizport.com URL: http://www.ecobizport.com 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] DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 151 [USCG-2003-14273] 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 discharges. 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 http://dms.dot.gov. 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 http://dms.dot.gov. 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 http://dms.dot.gov. 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: bpatnaik@comdt.uscg.mil. 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 [http://globallast.imo.org]. ACCESS THE
COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
----- Original Message -----
From: "Alex J. Sagady & Associates"
<ajs@sagady.com>
Sent: Thursday, July 31, 2003 1:30 PM
Subject: GLIN==> Ballast water
rule 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: PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER 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 follows: 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 follows: 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 strategy. * * * * * (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] BILLING CODE 4910-15-P ---------------------------------------------------------------------------- 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 ========================================== * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * glin-announce is hosted by the Great Lakes Information Network (GLIN): http://www.great-lakes.net To subscribe: http://www.glin.net/forms/glin-announce_form.html To post a message: http://www.glin.net/forms/glin-announce_post.html To search the archive: http://www.glin.net/lists/glin-announce/ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * |