[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Rules and Regulations]
[Pages 40767-40768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15033]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

[USCG-2002-13147]
RIN 1625-AA51


Penalties for Non-Submission of Ballast Water Management Reports

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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SUMMARY: The Coast Guard is correcting a final rule that appeared in 
the Federal Register of June 14, 2004 (69 FR 32864). The final rule 
changes regulations for vessels equipped with ballast water tanks bound 
for ports or places within the United States. These corrections clarify 
the final rule.

DATES: This correction is effective on June 14, 2004.

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, e-mail: 
[email protected]. If you have questions on viewing the docket, 
call Ms. Andrea M. Jenkins, Program Manager, Docket Operations, 
telephone 202-366-0271.

SUPPLEMENTARY INFORMATION: In FR Doc. 04-13173 appearing on page 32864 
of the Federal Register of Monday, June 14, 2004, the following 
corrections are made:

0
1. On page 32865, the paragraph beginning at the end of the second 
column and continuing in the third column is corrected to read as 
follows:
    ``Although, the penalty amount of $25,000 was discussed in the 
notice of proposed rulemaking, the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended by the Debt Collection Improvement 
Act of 1996, requires the Coast Guard to adjust penalties for violating 
Federal laws set by Congress long ago where the deterrent value of the 
penalties have weakened with time due to inflation. As such, we have 
changed the monetary amount authorized by NISA, from $25,000 to 
$27,500. With respect to the commenters' concern about the penalty 
amount, we believe there is some confusion. The penalty is not $27,500; 
rather, the penalty is not to exceed $27,500. We have the discretion to 
issue a penalty of up to $27,500, depending on the facts of each 
individual case.''

0
2. On page 32866, the first paragraph of the third column, remove the 
three asterisks in the first sentence.

0
3. On page 32867, in the second full paragraph of the second column, 
remove the word ``COPT'' and in its place, add the word ``COTP''.

0
4. To clarify the Coast Guard's response to comments submitted in the 
Comments on Definitions section on page 32867, the second paragraph of 
the third column is corrected as follows:
    The Coast Guard disagrees with this comment. ``Ports and places'' 
are defined in Sec.  151.2025 and are defined in the exact way as in 33 
CFR 160.204 of, ``Notification of Arrivals, Departures, Hazardous 
Conditions, and Certain Dangerous Cargoes.'' The Coast Guard must 
evaluate the BWM operations of all vessels operating within U.S. 
waters. Therefore, MODUs or OSVs servicing OCS facilities within the 
EEZ while moving from one COTP zone to another, must submit ballast 
water reporting forms. MODUs or OSVs servicing OCS facilities outside 
the EEZ will not be required to submit ballast water reporting forms, 
however, upon returning to ports or places of the U.S they will have to 
submit ballast water reporting forms. Regulatory language in Sec.  
151.2041 will be amended to reflect this clarification. If, after a 
period of time we determine that we are receiving data that does not 
benefit our evaluation, we will then revisit the program and adjust it 
accordingly.

0
5. On page 32869, in the middle column, in amendatory instruction 
numbers 1 and 4, remove the word ``continues''.


Sec.  151.2041  [Amended]

0
6. On page 32870, in the second column, correct the section heading for 
Sec.  151.2041 and paragraph (a) by removing the phrase ``bound for 
ports or places in the United States'' and add in its place the phrase 
``bound for ports or places of the United States''.


[[Page 40768]]


    Dated: June 23, 2004.
Howard L. Hime,
Acting Director of Standards, Marine Safety, Security and Environmental 
Protection.
[FR Doc. 04-15033 Filed 7-6-04; 8:45 am]
BILLING CODE 4910-15-P