[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32223]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 151

[CGD 94-003]
RIN 2115-AE76

 

Ballast Water Management for Vessels Entering the Hudson River

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing regulations to implement an 
amendment to the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (the Act). The regulations require ballast water management 
practices for each vessel entering the Hudson River, north of the 
George Washington Bridge, after operating on waters beyond the 
Exclusive Economic Zone. These rules will help to prevent the 
additional introduction of nonindigenous aquatic nuisance species into 
the Great Lakes through the ballast water of vessels operating on the 
Hudson River.

EFFECTIVE DATE: January 30, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jonathan C. Burton, Project 
Manager, Marine Environmental Protection Division (G-MEP-1), (202) 267-
6714.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant Jonathan C. Burton, Project Manager, Marine Environmental 
Protection Division, and Ms. Helen Boutrous, Project Counsel, Office of 
Chief Counsel.

Regulatory History

    On June 21, 1994, the Coast Guard published a notice of proposed 
rulemaking entitled ``Ballast Water Management for Vessels Entering the 
Hudson River'' in the Federal Register (59 FR 31959). The Coast Guard 
received no letters commenting on the proposal. No public hearing was 
requested, and none was held.

Background and Purpose

    Historical records suggest that over 100 non-native species have 
been introduced into the Great Lakes and its tributaries. The primary 
medium for their introduction is believed to be ballast water from 
vessels. Many vessels take on water in foreign harbors or in the near 
shore waters which are often rich in living organisms. When these 
vessels arrive to take on cargo, they discharge ballast water and any 
organisms contained in the water enter the local ecosystem. While many 
of these species do not survive in this new environment, those that do 
quickly adapt, and in some instances thrive, particularly where there 
are no natural predators.
    The Zebra Mussel provides a good example of the harmful effects of 
a newly introduced species. In 1988, this small bivalve mollusk native 
to the Black, Azov, and Caspian Seas in the Ukraine and southern 
Russia, was discovered in the Western Basin of Lake Erie. Scientists 
believe that it was introduced in 1986 by the discharge of freshwater 
ballast of a vessel from Northern Europe. Hundreds of millions of Zebra 
Mussels can now be found on and in pipes, screens, conduits, boat 
bottoms, floats, buoys, rocks, submerged objects, and native animals 
and plants. As a filter feeding organism, it removes vast quantities of 
microscopic organisms from the water, the same organisms that fish 
larvae and young fish rely upon for their food supply. It also 
completely covers rocks and other substances normally used by native 
fish for laying eggs. Since its introduction into the Great Lakes the 
Zebra Mussel has reproduced and spread throughout the Great Lakes and 
its tributaries and has been found as far south as New Orleans.
    The Coast Guard issued ballast water control regulations on April 
8, 1993, for vessels entering the Great Lakes after operating beyond 
the exclusive economic zone (EEZ). Such vessels are required to 
exchange their ballast water beyond the EEZ. While the regulations are 
viewed as an excellent start toward addressing the nonindigenous 
aquatic nuisance species introduction problem, Congress now realizes 
that it is necessary to implement ballast water controls for vessels 
entering the Hudson River after operating beyond the EEZ. The Hudson 
River is connected to the Great Lakes through the New York State Barge 
Canal System which allows for the movement of commercial and 
recreational vessels throughout waterways of New York State and 
provides direct access to the Great Lakes. As a result of this 
connection, species released from vessels' ballast water into the 
Hudson River can migrate, or can be transferred by vessels navigating 
the canal system into the Great Lakes.

Solutions

    Congress has noted that high seas ballast exchange is ``not a 
panacea'' for prevention of unintentional introductions of 
nonindigenous aquatic species. Other means of infestation such as 
attachment to anchor chains and vessel hulls contribute to 
infiltration. Moreover, the effects of ballast water exchange on high 
seas and coastal ecosystems are not yet completely known. Nevertheless, 
ballast water exchange currently appears to be the most cost and labor 
effective means of reducing the probability of new infestations. 
Alternative approaches may be warranted in some situations, or may 
replace ballast exchange entirely, depending upon knowledge obtained 
through a Task Force set up by the Act.

International Recognition

    The need for control of the introduction of nonindigenous species 
has also been recognized by the international maritime community. The 
ballast water control regulations for vessels entering the Great Lakes 
that were issued by the Coast Guard on April 8, 1993, in large part, 
were based on ballast water control guidelines adopted by the Marine 
Environment Protection Committee of the International Maritime 
Organization at its 31st session in July 1991. The resolution (MEPC 
50(31)) which accompanied the issuance of the guidelines recommends 
that member countries issue guidelines for the control of nonindigenous 
species into their ports.

United States Legislation

    On November 4, 1992, Congress amended (Pub. L. 102-587) the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (the 
Act) (16 U.S.C. 4711(b)). This amendment extends the Act's 
applicability to vessels entering the Hudson River, north of the George 
Washington Bridge, after operating beyond the EEZ. The Act, as amended, 
attempts to prevent the spread of injurious nonindigenous species into 
the Great Lakes through the ballast water of these vessels. The Act 
mandates that the Coast Guard, in consultation with the Task Force 
created by the Act, issue regulations to prevent the introduction and 
spread of aquatic nuisance species in the Great Lakes through the 
ballast water of vessels entering a U.S. port, north of the George 
Washington Bridge, on the Hudson River, after operating beyond the EEZ.
    The current regulations contained in 33 CFR part 151, subpart C, 
issued under the Act, cover vessels entering the Great Lakes after 
operating beyond the EEZ and require the retention of ballast water or 
the exchange of ballast water beyond the EEZ, by vessels subject to the 
Act. Further, as authorized under the Act, those regulations permit the 
use of environmentally sound alternative ballast water management 
methods that the Coast Guard determines are as effective as ballast 
water exchange in preventing and controlling infestations of aquatic 
nuisance species, thereby providing the needed flexibility to approve 
additional ballast water management methods that, in the future, may 
prove to be even more effective than ballast water exchange. These 
requirements, as well as the other requirements contained in subpart C 
of part 151, will satisfy the requirements of the amendments to the Act 
if applied to vessels navigating on the Hudson River, north of the 
George Washington Bridge, after operating beyond the EEZ. Therefore, 
few changes to the regulations issued by the Coast Guard on April 8, 
1993, covering vessels entering a U.S. port on the Great Lakes after 
operating beyond the EEZ, are required to implement the requirements of 
the amendments to the Act.
    The Act provides for civil and criminal penalties (16 U.S.C. 4711 
(c) and (d)). Any person who violates the regulations shall be liable 
for a civil penalty not to exceed $25,000. Each day of a continuing 
violation will constitute a separate violation. A vessel operated in 
violation of the regulations will be liable in rem for any civil 
penalty assessed for that violation. Any person who knowingly violates 
the regulations will be guilty of a class C felony. A class C felony is 
punishable by imprisonment of not more than 12 years (18 U.S.C. 
3581(b)(3)) and a fine of not more than $250,000 for an individual or 
not more than $500,000 for an organization (18 U.S.C. 3571(c)(3)).

Discussion of Comments and Changes

    The Coast Guard received no public comments on the proposed rule. 
This final rule adopts the proposed regulations without change.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    No comments were received on the draft Regulatory Evaluation. A 
final Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT has been prepared and is available in 
the docket for inspection or copying where indicated under ADDRESSES. 
The Evaluation is summarized as follows.
    In 1992, 112 visits were made by vessels to the Hudson River, north 
of the George Washington Bridge, after operating beyond the EEZ. The 
most recent data available from the U.S. Army Corps of Engineers 
concerning Hudson River vessel traffic reveals that vessels operating 
on the Hudson River after operating beyond the EEZ are primarily 
foreign importer vessels. Vessels carrying cargo, such as vessels 
engaged in importing, are generally not carrying ballast water. These 
vessels do not have to comply with the regulations. Vessels carrying 
ballast, but not discharging it, are only subject to the recordkeeping 
requirements. The Coast Guard has identified no vessels that have 
actually discharged ballast into the Hudson River. Therefore, the only 
aspect of the regulations that these vessels will be subject to is the 
recordkeeping requirements of 33 CFR 151.1516. It is estimated that it 
takes one half hour to complete. At the cost of $35.00 per half hour 
and assuming 120 visits by vessels subject to these regulations, the 
annual cost will be $4,200.

Small Entities

    No comments were received on the affect of these regulations on 
small entities. Owners of vessels that will be engaging in ballast 
water management in the affected area are large corporations. No small 
entities have been identified as being affected. The economic affect on 
all entities will be minimal. No U.S. vessels have been identified as 
being subject to the regulations. The total cost per vessel has been 
determined to be $35 per visit for each vessel with a total annual cost 
in 1995 of $4,200 for all vessels. Therefore, the Coast Guard certifies 
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) that this rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This rule contains collection-of-information requirements. The 
Coast Guard has submitted the requirements to the Office of Management 
and Budget (OMB) for review under section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved them. The 
section number is Sec. 151.1516 and the corresponding OMB approval 
number is OMB Control Number 2115-0598.

Federalism

    No comments were received on the Federalism implications of this 
rule. The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.
    The authority to issue regulations requiring ballast water 
management practices for vessels navigating the Hudson River, north of 
the George Washington Bridge, after operating beyond the EEZ, has been 
committed to the Coast Guard by the Act. Standardizing the minimum 
requirements for these vessels is necessary to effectively prevent 
further introductions of nonindigenous species. Therefore, the Coast 
Guard intends it to preempt state and local regulations that are 
inconsistent with the requirements of this final rule. These 
regulations were developed in consultation with the Task Force which is 
charged with coordinating among, and providing technical assistance to, 
regional, State, and local entities regarding environmentally sound 
approaches to prevention and control of aquatic nuisance species.

Environment

    No comments were received on the environmental implications of this 
rule. The Coast Guard considered the environmental impact of this final 
rule and concluded that preparation of an Environmental Impact 
Statement is not necessary. An Environmental Assessment and a Finding 
of No Significant Impact are available for inspection or copying where 
indicated under ADDRESSES. The exchange of ballast water in open ocean 
will benefit the Hudson River environment and the Great Lakes 
environment by helping to prevent potential infestations of 
nonindigenous species through ballast water emptied into the Hudson 
River north of the George Washington Bridge and transferred through the 
Hudson River and into the Great Lakes. Introduction of nonindigenous 
nuisance species through the ballast water of vessels has caused 
millions of dollars of damage to date in the Great Lakes area.
    Initial study has concluded that the amount of vessels' seawater-
ballast to be discharged into the Hudson River will constitute such a 
small volume that no change in the salinity or temperature levels will 
occur. Species contained in water collected from the open ocean are 
unlikely to survive a fresh water environment. Any nuisance species 
contained in the ballast water will not therefore, create a new 
infestation.
    While these regulations will help to prevent potential infestations 
of species introduced through the ballast water of vessels, data from 
the Army Corps of Engineers shows that no vessel traveled north of the 
George Washington Bridge in a light cargo load condition after 
operating beyond the EEZ. This indicates that these vessels carried no 
ballast water. Therefore, it is anticipated that few vessels will 
actually be discharging water into the Hudson River. Therefore, the 
Coast Guard has concluded that the regulations will have no negative 
impact on the environment.

List of Subjects in 33 CFR Part 151

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

    For the reasons set out in the preamble, the Coast Guard is 
amending 33 CFR part 151, subpart C as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

Subpart C--Ballast Water Management for Control of Nonindigenous 
Species

    1. The authority citation for subpart C of part 51 continues to 
read as follows:

    Authority: 16 U.S.C. 4711; 49 CFR 1.46.

    2. Section 151.1502 is revised to read as follows:


Sec. 151.1502  Applicability.

    This subpart applies to each vessel that carries ballast water and 
that after operating on the waters beyond the Exclusive Economic Zone 
during any part of its voyage enters 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.
    3. In Sec. 151.1504, the definitions of Captain of the Port (COTP) 
and Voyage are revised to read as follows:


Sec. 151.1504  Definitions.

* * * * *
    Captain of the Port (COTP) means the Coast Guard officer designated 
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain 
of the Port Zone or the New York, NY, Captain of the Port Zone 
described in part 3 of this chapter or an official designated by the 
COTP.
* * * * *
    Voyage means any transit by a vessel destined for the Great Lakes 
or the Hudson River, north of the George Washington Bridge, from a port 
or place outside of the EEZ, including intermediate stops at a port or 
place within the EEZ.
    4. Section 151.1506 is revised to read as follows:


Sec. 151.1506  Restriction of operation.

    No vessel subject to the requirements of this subpart may be 
operated in the Great Lakes or the Hudson River, north of the George 
Washington Bridge, unless the master of the vessel has certified, in 
accordance with Sec. 151.1516, that the requirements of this subpart 
have been met.
    5. In Sec. 151.1510, paragraphs (a)(1) and (a)(2) are revised to 
read as follows:


Sec. 151.1510  Ballast water management.

    (a) * * *
    (1) Carry out an exchange of ballast water on the waters beyond the 
EEZ, in a depth exceeding 2000 meters, prior to entry into the Snell 
Lock, at Massena, New York, or prior to navigating on the Hudson River, 
north of the George Washington Bridge, such that, at the conclusion of 
the exchange, any tank from which ballast water will be discharged 
contains water with a minimum salinity level of 30 parts per thousand.
    (2) Retain the vessel's ballast water on board the vessel. If this 
method of ballast water management is employed, the COTP may seal any 
tank or hold containing ballast water on board the vessel for the 
duration of the voyage within the waters of the Great Lakes or the 
Hudson River, north of the George Washington Bridge.
* * * * *
    Dated: December 21, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-32223 Filed 12-29-94; 8:45 am]
BILLING CODE 4910-14-P