1625-0069 Stat/Auth

Coast Guard, DHS

§ 151.1512

wreier-aviles on DSK5TPTVN1PROD with CFR

conducted under paragraph (c)(1) of
this section that technology to achieve
a significant improvement in ballast
water treatment efficacy could be practicably implemented, the Coast Guard
will report this finding and will, no
later than January 1, 2017, initiate a
rulemaking that would establish performance standards and other requirements or conditions to ensure to the
maximum extent practicable that
aquatic nuisance species are not discharged into waters of the United
States from vessels. If the Coast Guard
subsequently finds that it is not able to
meet this schedule, the Coast Guard
will publish a notice in the FEDERAL
REGISTER so informing the public,
along with an explanation of the reason for the delay, and a revised schedule for rule making that shall be as expeditious as practicable.
(3) When conducting the practicability review as required by paragraph
(c)(1) of this section, the Coast Guard
will consider—
(i) The capability of any identified
technology to achieve a more stringent
ballast water discharge standard, in
whole or in part;
(ii) The effectiveness of any identified technology in the shipboard environment;
(iii) The compatibility of any identified technology with vessel design and
operation;
(iv) The safety of any identified technology;
(v) Whether the use of any identified
technology may have an adverse impact on the environment;
(vi) The cost of any identified technology;
(vii) The economic impact of any
identified technology, including the
impact on shipping, small businesses,
and other uses of the aquatic environment;
(viii) The availability, accuracy, precision, and cost of methods and technologies for measuring the concentrations of organisms, treatment chemi-

cals, or other pertinent parameters in
treated ballast water as would be required under any alternative discharge
standards;
(ix) Any requirements for the management of ballast water included in
the most current version of the U.S.
Environmental Protection Agency’s
Vessel General Permit and any documentation available from the EPA regarding the basis for these requirements; and
(x) Any other factor that the Coast
Guard considers appropriate that is related to the determination of whether
identified technology is performable,
practicable, and/or may possibly prevent the introduction and spread of
non-indigenous aquatic invasive species.
[USCG–2001–10486, 77 FR 17305, Mar. 23, 2012]

§ 151.1512 Implementation
schedule
for approved ballast water management methods.
(a) In order to discharge ballast
water into the waters of the United
States, the master, owner, operator,
agent, or person in charge of a vessel
subject to § 151.1510 of this subpart
must either ensure that the ballast
water meets the ballast water discharge
standard
as
defined
in
§ 151.1511(a), use an AMS as provided for
under § 151.1510(a)(1) or ballast exclusively with water from a U.S. public
water
system,
as
described
in
§ 151.1510(a)(4), according to the schedule in paragraph (b) of this section.
(b) Implementation Schedule for the
Ballast Water Management Discharge
Standard for vessels using a Coast Guard
approved BWMS to manage ballast water
discharged to U.S. waters. After the
dates listed in Table 151.1512(b), vessels
may use a USCG-approved BWMS and
comply with the discharge standard, or
employ an approved alternative ballast
water
management
method
per
§ 151.1510(a)(1) and (4).

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§ 151.1513

33 CFR Ch. I (7–1–12 Edition)

TABLE 151.1512(b)—IMPLEMENTATION SCHEDULE FOR BALLAST WATER MANAGEMENT DISCHARGE
STANDARDS FOR VESSELS USING COAST GUARD APPROVED BALLAST WATER MANAGEMENT SYSTEMS
Vessel’s ballast
water capacity
New vessels ..................
Existing vessels .............

Date constructed

All ..................................
Less than 1500

m3

.......

1500–5000 m3 ..............
Greater than 5000 m3 ..

On or after December
1, 2013.
Before December 1,
2013.
Before December 1,
2013.
Before December 1,
2013.

[USCG–2001–10486, 77 FR 17305, Mar. 23, 2012]

§ 151.1513
date.

Extension

of

compliance

The Coast Guard may grant an extension to the implementation schedule in
§ 151.1512(b) of this subpart only in
those cases where the master, owner,
operator, agent, or person in charge of
a vessel subject to this subpart can
document that, despite all efforts,
compliance with the requirement under
§ 151.1510 is not possible. Any extension
request must be made no later than 12
months before the scheduled implementation date listed in § 151.1512(b) of
this subpart and submitted in writing
to the Commandant (CG–522), U.S.
Coast Guard Office of Operating and
Environmental Standards, 2100 2nd St.
SW., Stop 7126, Washington, DC 20593–
7126. Summary information concerning
all extension decisions, including the
name of the vessel and vessel owner,
the term of the extension, and the
basis for the extension will be promptly posted on the Internet. Extensions
will be for no longer than the minimum
time needed, as determined by the
Coast Guard, for the vessel to comply
with the requirements of § 151.1510.
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012]

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§ 151.1514

Vessel safety.

Nothing in this subpart relieves the
master of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility.
[CGD 91–066, 58 FR 18334, Apr. 8, 1993. Redesignated by USCG–2001–10486, 77 FR 17305,
Mar. 23, 2012]

Vessel’s compliance date
On delivery.
First scheduled drydocking after January 1,
2016.
First scheduled drydocking after January 1,
2014.
First scheduled drydocking after January 1,
2016.

§ 151.1515 Ballast water management
alternatives under extraordinary
conditions.
(a) As long as ballast water exchange
(BWE) remains an option under the
schedule in § 151.1512(b) of this subpart,
the master of any vessel subject to this
subpart who uses BWE to meet the requirements of this subpart and, due to
weather, equipment failure, or other
extraordinary conditions, is unable to
effect a BWE before entering the Exclusive Economic Zone, and intends to
discharge ballast water into the waters
of the United States, must request permission from the Captain of the Port
(COTP) to exchange the vessel’s ballast
water within an area agreed to by the
COTP at the time of the request and
then discharge the vessel’s ballast
water within that designated area.
(b) Once BWE is no longer an option
under the schedule in § 151.1512(b) of
this subpart, if the ballast water management system required by this subpart stops operating properly during a
voyage or the vessel’s BWM method is
unexpectedly unavailable, the master,
owner, operator, agent, or person in
charge of the vessel must ensure that
the problem is reported to the COTP as
soon as practicable. The vessel may
continue to the next port of call, subject to the directions of the COTP or
the Ninth District Commander, as provided by 33 CFR part 160.
[USCG–2001–10486, 77 FR 17306, Mar. 23, 2012,
as amended at 77 FR 33970, June 8, 2012]

§ 151.1516 Compliance monitoring.
(a) The master of each vessel
equipped with ballast tanks must provide, as detailed in § 151.2070 of this
part, the following information, in

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