Small Entity Compliance Guide. Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters

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Moses Gibbs
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1 Small Entity Compliance Guide Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters 33 CFR CFR 162 United States Coast Guard

2 The Basics The Coast Guard has developed rules that require that all vessels that operate in United States (U.S.) waters, are bound for ports or places in the U.S., and are equipped with ballast tanks, install and operate a Coast Guard approved ballast water management system (BWMS) before discharging ballast water into U.S. waters. This requirement is intended to meet the directives under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA), as amended by the National Invasive Species Act of 1996 (NISA), which requires the Secretary of Homeland Security to ensure to the maximum extent practicable that aquatic nuisance species are not discharged into waters of the United States from vessels. This rule is part of international efforts to control the nonindigenous species (NIS) invasions due to ballast water discharge. This rule is issued under the legislative mandate in NISA. It is part of a

3 Frequently Asked Questions Am I covered under this rule? Yes, you are covered if you own or operate a US- or foreign-flag vessels meeting the applicability requirements of 33 Code of Federal Regulations (CFR) for the following subparts: Subpart C-Ballast Water Management for Control of Nonindigenous Species in Great Lakes and Hudson River ( ). This subpart applies to all non-recreational vessels, U.S. and foreign, that are equipped with ballast tanks that, after operating on the waters beyond the Exclusive Economic Zone during any part of its voyage, enter the Snell Lock at Massena, New York, or navigates north of the George Washington Bridge on the Hudson River, regardless of other port calls in the United States or Canada during that voyage, except as expressly provided in 33 CFR (a). All vessels subject to this subpart are also required to comply with the applicable requirements of 33 CFR , , and Subpart D Ballast Water Management for Control of Nonindigenous Species in Waters of the United States ( ). These requirements apply to all non-recreational vessels, U.S. and foreign, that are equipped with ballast tanks and operate in waters of the United States, except as expressly provided in or The following vessels are exempt from all of the requirements of this subpart: Any Department of Defense or Coast Guard vessel subject to the requirements of section 1103 of the Nonindigenous Aquatic Nuisance Prevention and Control Act, as amended by the National Invasive Species Act; or any vessel of the Armed Forces, as defined in the Federal Water Pollution Control Act (33 U.S.C. 1322(a)), that is subject to the Uniform National Discharge Standards for Vessels of the Armed Forces (33 U.S.C. 1322(n)). Any warship, naval auxiliary, or other vessel owned or operated by a foreign state and used, for the time being, only on government non-commercial service. However, each such foreign state must ensure that such vessels act in a manner consistent, so far as is reasonable and practicable, with this subpart. Vessels in innocent passage as defined of this subpart. The following vessels are exempt from the requirements of (ballast water management (BWM) requirements), (reporting), and (recordkeeping) of this subpart: Crude oil tankers engaged in coastwise trade. Vessels that operate exclusively within one Captain of the Port (COTP) Zone. The following vessels are exempt only from the requirements of (BWM requirements) of this subpart: Seagoing vessels that operate in more than one COTP Zone, do not operate outside of the Exclusive Economic Zone (EEZ), and are less than or equal to 1,600 gross register tons or less than or equal to 3,000 gross tons (International Convention on Tonnage Measurement of Ships, 1969). Non-seagoing vessels. Vessels that take on and discharge ballast water exclusively in one COTP Zone.

4 What action must I take if I am covered by the rule? Do I have to coordinate with vessels? Are there alternatives to the rule for small business?

5 How to Find this Rule The official ballast water discharge standard rule appears in the Code of Federal Regulations (CFR) in part 151 of title 33 after XXXX. The CFR is available through your local library or on the web at To view a copy of this water discharge standard rule, you may also visit the Coast Guard XXXX website, XXXX. For additional details on the rulemaking record, including the final rule and regulatory analysis, visit the website The docket number is USCG

Ballast Water Management Reporting and Recordkeeping. SUMMARY: The Coast Guard proposes to amend its existing

9110-04-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 151 [Docket No. USCG-2012-0924] RIN 1625-AB68 Ballast Water Management Reporting and Recordkeeping AGENCY: Coast Guard, DHS. ACTION: Notice