[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
