[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Proposed Rules]
[Pages 33774-33784]
[FR Doc No: 2013-13140]

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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 of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its existing ballast water
management (BWM) reporting and recordkeeping requirements. The Coast
Guard will require vessels with ballast tanks operating exclusively on
voyages between ports or places within a single Captain of the Port
(COTP) Zone to submit an annual report of their BWM practices. The
Coast Guard also proposes to update the current ballast water report to
include only data that is essential to understanding and analyzing BWM
practices. The proposed rule will allow most vessels to submit ballast
water reports after arrival to the port or place of destination.

DATES: Comments and related material must either be submitted to our
online

docket via http://www.regulations.gov on or before August 5, 2013 or
reach the Docket Management Facility by that date. Comments sent to the
Office of Management and Budget (OMB) on collection of information must
reach OMB on or before August 5, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0924 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
    Collection of Information Comments: If you have comments on the
collection of information discussed in section VI.D of this NPRM, you
must also send comments to the Office of Information and Regulatory
Affairs (OIRA), Office of Management and Budget. To ensure that your
comments to OIRA are received on time, the preferred methods are by
email to<EMAIL_ADDRESS>(include the docket number and
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of
the email) or fax at<PHONE_NUMBER>. An alternate, though slower, method
is by U.S. mail to the Office of Information and Regulatory Affairs,
Office of Management and Budget, 725 17th Street NW., Washington, DC
20503, ATTN: Desk Officer, U.S. Coast Guard.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LCDR Rodney Wert, Environmental Standards Division,
U.S. Coast Guard (CG-OES-3); telephone<PHONE_NUMBER>, email,
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Ms. Barbara Hairston, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0924), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2012-0924'' in the ``Search'' box. Click on ``Submit a
Comment'' in the ``Actions'' column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert ``USCG-2012-0924'' in the ``Search'' box. Click the ``Open
Docket Folder'' in the ``Actions'' column. If you do not have access to
the internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. You may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

II. Abbreviations

BWM Ballast Water Management
CFR Code of Federal Regulations
COTP Coast Guard Captain of the Port
EEZ Exclusive Economic Zone
MISLE Marine Information for Safety and Law Enforcement
NANPCA Non-indigenous Aquatic Nuisance Prevention and Control Act of
1990
NBIC National Ballast Information Clearinghouse
NIS Nonindigenous Species
NISA National Invasive Species Act of 1996
OMB U.S. Office of Management and Budget
RFA Regulatory Flexibility Act
SANS Ship Arrival Notification System

III. Background

    The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (NANPCA), as amended by the National Invasive Species Act of 1996
(NISA), requires the Secretary of Homeland

Security (the Secretary) to ensure, to the maximum extent practicable,
that aquatic nuisance species are not discharged into waters of the
United States from vessels. 16 U.S.C. 4711(c)(2)(A). The Secretary is
also directed to prescribe requirements for vessels to maintain and
submit information on their ballasting practices, as a means for the
Secretary to determine vessels' effective compliance with the ballast
water management (BWM) program. 16 U.S.C. 4711(c)(2)(F).
    The Commandant of the Coast Guard carries out these functions and
authorities for the Secretary pursuant to a delegation of authority
charging the Coast Guard with establishing and enforcing regulations to
prevent the introduction and spread of aquatic nuisance species in the
waters of the United States through the ballast water of vessels.
Department of Homeland Security Delegation No. 0170.1(II.)(57).
    A full discussion of the legislative and regulatory history of the
Coast Guard's actions to implement both NANPCA and NISA may be found in
the final rule for ``Standards for Living Organisms in Ships' Ballast
Water Discharged in U.S. Waters,'' published on March 23, 2012. 77 FR
17254.
    The Coast Guard proposes to amend its existing BWM reporting and
recordkeeping requirements (OMB Control Number 1625-0069) to require
vessels equipped with ballast tanks and operating exclusively on
voyages between ports or places within a single Captain of the Port
(COTP) Zone to submit an annual summary report of their BWM practices.
By making this change, the Coast Guard will be able to obtain a better
understanding of the BWM practices of vessels that were previously
exempt from reporting. This would improve the breadth and quality of
available BWM information, enabling the Coast Guard and others to make
the most informed programmatic and regulatory decisions.
    The Coast Guard also proposes to update the current ballast water
report form so it includes only data that is essential to understanding
and analyzing ballast water management practices. For those vessels
currently required to submit BWM reports and maintain BWM records, the
amendments are aimed at simplifying and clarifying the reporting and
recordkeeping process and reducing the associated administrative
burden. The proposed rule will also allow vessels that are not bound
for the Great Lakes or the Hudson River, north of the George Washington
Bridge from outside of the Exclusive Economic Zone, to submit ballast
water reports after arrival to the port or place of destination.

IV. Discussion of Proposed Rule

    As detailed in Section V.A.4 of the final rule ``Standards for
Living Organisms in Ships' Ballast Water Discharged in U.S. Waters,''
(March 23, 2012-77 FR 17254), the Coast Guard postponed amending BWM
reporting and recordkeeping requirements to a future rulemaking
project. The Coast Guard now proposes to update the reporting and
recordkeeping requirements.
    This proposed rule would require vessels with ballast tanks and
operating exclusively on voyages between ports or places within a
single COTP Zone to submit an annual summary report of their BWM
practices. The Coast Guard does not currently collect BWM information
on this segment of the maritime population. The ``Standards for Living
Organisms in Ships' Ballast Water Discharged in U.S. Waters''
rulemaking highlighted the need for additional data to be reported by
these vessels. The Coast Guard is proposing a streamlined approach to
meet this need with minimal burden to the public, requiring an annual
submission summarizing the applicable BWM practices. This information
will assist the Coast Guard in meeting the statutory requirements for
maintaining a clearinghouse on national ballast water data and collect
additional data for use in future rulemakings, if needed.
    The Coast Guard proposes this annual summary report be required for
a three year period. The first report would be due no later than March
31 of the first full year following publication of this rule and report
on a vessel's ballasting practices for the previous calendar year. For
example, if this rule publishes in 2013, the first report would be due
no later than March 31, 2015 and report on the vessel's ballasting
practices for the calendar year ending December 31, 2014. The third and
final report would be due no later than March 31, 2017 and cover the
2016 calendar year.
    The Coast Guard also proposes several changes to the recordkeeping
and reporting requirements currently prepared by vessels with ballast
water tanks that enter U.S. waters. These changes are intended to: (1)
Facilitate compliance by aligning Federal recordkeeping requirements
with international practices to the greatest extent practicable; (2)
minimize the administrative burden on the regulated population by
allowing those vessels that are not bound for the Great Lakes or the
Hudson River, north of the George Washington Bridge from outside of the
Exclusive Economic Zone, to submit ballast water reports after arrival
to the port or place of destination, thereby greatly reducing the need
for amended reports; and (3) improve efficiency in data handling by
changing the reporting format and encouraging electronic report
submission. Due to additional compliance monitoring for vessels bound
for the Great Lakes and Hudson River, above George Washington Bridge,
those vessels will still need to submit reports 24 hours prior to their
arrival.
    The revised form is discussed below in section VI.D, Collection of
Information. The form is available in the docket for this rulemaking
(USCG-2012-0924).

V. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, reducing costs, harmonizing rules, and promoting
flexibility.
    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget (OMB) has not reviewed it under that Order.
Nonetheless, we developed an analysis of the costs and benefits of the
proposed rule to ascertain its probable impacts on industry. We
consider all estimates and analysis in this Regulatory Analysis to be
draft and subject to change in consideration of public comments. Table
1 presents a summary of the economic impact of the proposed rule. A
detailed description of the estimates is presented in the next
sections.

                                                     Table 1--Summary of Regulatory Economic Impacts
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                                                                                Costs  (7% discount rate)
         Proposed changes                 Description         Affected  population --------------------------------------------         Benefits
                                                                                Annualized               Total
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1. Require vessels operating       Owners and operators of    400 owners and        $22,110.............  $155,292............  Improve the breadth and
 exclusively on voyages between     vessels with ballast       operators of 1,280                                                quality of BWM data,
 ports and places within one COTP   tanks and operating        vessels operating                                                 enabling the Coast
 Zone to report ballast water       exclusively on voyages     in one COTP Zone.                                                 Guard and others to
 management practices.              between ports or places                                                                      make the most informed
                                    within one COTP Zone                                                                         programmatic and
                                    would be required to                                                                         regulatory actions to
                                    submit an annual summary                                                                     prevent nonindigenous
                                    of their ballast water                                                                       species (NIS) invasions
                                    management practices.                                                                        in U.S. waters.
                                    This information
                                    collection requirement
                                    would be for a 3 year
                                    period.
2. Update current ballast water    Update current ballast     Vessels currently     $0..................  $0..................  Concise reporting and
 report requirements.               water report. Vessels      reporting ballast                                                 inclusion of only
                                    already complying with     water management                                                  essential data on
                                    33 CFR 151.2070            activities under 33                                               ballast water
                                    requirements would not     CFR 151.2070.                                                     management practices.
                                    incur additional burden
                                    due to the updates.
3. Allow vessel owners and         Currently, vessels are     Vessels currently     ($184,868) Cost       ($1,298,437) Cost     Reduce the
 operators to submit ballast        required to submit         reporting ballast     savings.              savings.              administrative burden
 water reports after arrival to     reports 24 hours prior     water management                                                  on the regulated
 the port or place of destination.  to arrival. Allowing       activities under 33                                               population. We estimate
                                    vessels to report after    CFR 151.2070.                                                     that this proposed rule
                                    arrival--when their                                                                          will eliminate an
                                    ballasting activities                                                                        average of 10,717 post-
                                    are complete--should                                                                         arrival reports per
                                    greatly reduce the need                                                                      year.
                                    for post-arrival
                                    amendments.
4. Change the format of            Standardize the data       Vessels currently     $0..................  $0..................  Facilitate electronic
 electronic report.                 format and add pull down   reporting ballast                                                 report submission and
                                    menus to reduce data       water management                                                  improve efficiency in
                                    entry errors.              activities under 33                                               data handling and
                                                               CFR 151.2070.                                                     analysis.
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    A draft Regulatory Analysis follows. This proposed rule would
modify and amend the following recordkeeping requirements and
procedures:

1. Require Vessels Operating in One COTP Zone To Report Ballast Water
Management Practices

    In this proposed rule, the Coast Guard would require owners and
operators of vessels with ballast tanks operating exclusively on
voyages between ports or places within a single COTP Zone to submit an
annual summary report of their ballast water management practices for a
period of 3 years.
    Based on data from the Coast Guard Marine Information for Safety
and Law Enforcement (MISLE) and the Ship Arrival Notification System
(SANS), we estimate that the proposed rule would have an annual affect
on 1,280 U.S.-flagged vessels that operate exclusively between ports or
places within one COTP Zone. Table 2 presents the vessel types affected
by this requirement. These vessels are currently exempted from the
ballast water reporting requirements under 33 CFR 151.2070. Owners and
operators of these vessels would be required to submit an annual
summary report of their BWM practices to the Coast Guard for a period
of 3 years.

Table 2--U.S. Flag Vessels Operating Exclusively Between Ports or Places
                          Within One COTP Zone
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                                                             Affected
                       Vessel type                          population
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Commercial Fishing Vessel...............................             117
Fish Processing Vessel..................................               4
Freight Ship............................................             117
Industrial Vessel.......................................              28
Mobile Offshore Drilling Unit...........................               5
Offshore Supply Vessel..................................             175
Oil Recovery............................................               6
Passenger (inspected)...................................             154
Passenger (uninspected).................................               3
Research Vessel.........................................              11
Tank Ship...............................................              29
Towing Vessel...........................................             604
Other Vessels \1\.......................................              27
    Total...............................................           1,280
------------------------------------------------------------------------
Source: MISLE and SANS data

    For the purposes of the cost analysis, we assume that all vessels
discharge ballast water. We estimated that the total annual burden
hours required would be approximately 40 minutes per vessel per year.
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    \1\ Includes permanently moored vessels, school ships, and
vessels with unspecified vessel type.
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    We anticipate vessels would need 15 minutes to fill out and submit
their annual ballasting report. Most of the information required is
well known by the vessel manager and does not require additional
document consultation. The information that does not require additional
document consultation

includes: vessel name, identification number, type, operator, tonnage,
call sign, COTP Zone of operation, number of ballast water tanks, total
ballast water capacity, and primary port of ballast water loading and
discharge.
    We formulate that the remaining 25 minutes is the total time
allocated (over the entire year) for vessel operators to assemble and
evaluate information to estimate the number of trips where ballast
water is discharged and the volume of discharge occurring during vessel
operations. While there is certainly the possibility that some vessels
may take longer for this, vessels that do not discharge ballast water
will incur only 15 minutes to fill out and submit the annual form.
    We assume that the vessel manager, with an estimated wage rate of
$69/hr \2\, would be in charge of this reporting. The annual cost per
vessel is $46.23 (.67 hrs x $69/hr) and the total cost per vessel for
the 3-year period is $137. The estimated annual cost of the new
reporting requirement for the 1,280 vessels, operating exclusively
between ports or places within a single COTP Zone, is, $59,174 (1,280
vessels x .67 hrs x $69 hr) (undiscounted). The total cost for a
reporting period of 3 years is $177,522 (undiscounted) or $155,291 (at
seven percent discount rate). Table 3 presents the reporting costs for
vessels operating exclusively between ports or places within a single
COTP Zone.
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    \2\ Fully loaded wage rate for GS-12 (equivalent) out-of-govt.,
obtained from Enclosure (2) to COMDTINST 7310.1M and validated based
on the Bureau of Labor Statistics (BLS) subcategory Managers
(Occupation Code 11-9199).

 Table 3--Annual and Total Cost of Reporting (in US$) for Vessels Operating Exclusively Between Ports or Places
                                            Within a Single COTP Zone
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                                                                                Cost
                                                                 -----------------------------------------------
                            Year \3\                                               At 7 percent    At 3 percent
                                                                   Undiscounted    discount rate   discount rate
----------------------------------------------------------------------------------------------------------------
1...............................................................         $59,174         $55,303         $57,450
2...............................................................         $59,174         $51,685         $55,777
3...............................................................         $59,174         $48,304         $54,153
4-10............................................................              $0              $0              $0
    Total.......................................................        $177,523        $155,292        $167,380
    Annualized..................................................  ..............         $22,110         $19,622
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    This proposed rule would collect information on ballast water
operations from vessels operating exclusively between ports or places
within a single COTP Zone; a segment of the industry for which the
Coast Guard has limited information. Comments to the recent ballast
water discharge standard regulatory docket (Docket No. USCG-2001-10486)
asserted that the Coast Guard does not fully understand ballasting
practices of this segment of the maritime industry. The Coast Guard
seeks to improve the breadth and quality of its BWM data so it can make
the most informed programmatic and regulatory actions, to evaluate if
the need for further regulation is required for this specific
population.
---------------------------------------------------------------------------

    \3\ The Coast Guard anticipates the information collection
requirement would lapse after the completion of 3 years.
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    Coast Guard considered several alternatives for collecting the
needed information on the ballast practices for vessels operating
exclusively between ports or places within a single COTP Zone. One
alternative would require these vessels to complete a full ballast
water reporting form (33 CFR 151.2070) upon each entry into port,
similar to existing requirements for other vessels operating outside a
single COTP Zone. The Coast Guard instead chose the proposed
alternative that requires only an annual summary report of ballast
activities with a limited number of required data elements. The Coast
Guard is also proposing to collect this data for only 3 years. Coast
Guard believes that the annual summary report for 3 years provides
sufficient information necessary to characterize ballast practices for
vessels operating exclusively between ports or places within a single
COTP Zone, while minimizing the reporting burden to these entities.
2. Update Current Ballast Water Report Requirements (33 CFR 151.2070)
    The Coast Guard proposes to update the ballast water reporting form
to make it more concise and include only essential data on ballast
water management practices. Current recordkeeping requirements on 33
CFR 151.2070 would be amended to include only data fields essential for
understanding and analyzing ballast water management practices of
vessels operating in waters of the U.S.
    Vessels that are already submitting ballast water reports to comply
with 33 CFR 151.2070 requirements would not incur additional burden due
to the reporting updates. Updates to the reporting would make questions
clear and concise. We do not expect a significant reduction in burden
due to these changes because two additional required items would be
likely to offset any time savings. The most time consuming report
section (section 5, ``Ballast Water History'') would be restructured,
but the content would be maintained. Currently, vessels equipped with
ballast water tanks bound for ports or places within the U.S. or
entering U.S. waters are required to submit a ballast water report.
According to the OMB collection of information 1625-0069, it takes
approximately 40 minutes to complete and submit the report. The Code of
Federal Regulations at 33 CFR 151.2070 presents detailed information on
reporting and recordkeeping requirements. This proposed rule would make
updates to the reporting that would not result in a significant change
of burden. Therefore, there is no additional cost associated with these
changes.
    In updating the current reporting form, the Coast Guard would
improve the utility of the data provided by the vessel population
already required under existing regulations to submit reports to the
Coast Guard.
3. Allow Vessels To Submit Ballast Water Reports After Arrival to the
Port or Place of Destination
    Under the current 33 CFR 151.2060, vessels are required to submit
reports on ballast water management 24 hours before arrival and predict
their ballasting operations. The National Ballast Information
Clearinghouse (NBIC) estimates that approximately 40 percent of the
amended reports it

receives are due to the timing of the reports. In these cases, vessels
owners and operators revise their reports with the actual ballasting
information and resubmit them to the NBIC. Allowing those vessels that
are not bound for the Great Lakes or the Hudson River, north of the
George Washington Bridge from outside of the Exclusive Economic Zone,
to submit ballast water reports after arrival to the port or place of
destination greatly reduces the need for amended reports. We estimate
that an average of 10,717 reports \4\ are amended and resubmitted every
year due to the timing of submission. We estimate that it would take
the vessel manager approximately 15 minutes to amend and resend the
reports. Therefore, we expect that this amendment will result in an
annual reduction of burden of approximately 2,679 hours (10,717 reports
x 0.25 hours \5\), representing a cost savings of $184,868 (2,679 hours
x $69/hr \6\) per year to the industry. The total cost savings (Table
4) that results from allowing report submittal after arrival at a port
for a 10-year period is $1,298,437 (at 7 percent discount rate).
---------------------------------------------------------------------------

    \4\ The estimate is based on data provided by NBIC on superseded
reports for 2006 to 2012.
    \5\ Estimation based on time reported in the OMB 1625-0069 from
vessel operators currently completing ballast water management
reports to comply with 33 CFR 151.2070.
    \6\ Wage rate obtained from Enclosure (2) to COMDTINST 7310.1M
and validated based on the BLS subcategory Managers (Occupation Code
11-9199).

                    Table 4--Annual and Total Cost Savings of Changing the Time of the Report
----------------------------------------------------------------------------------------------------------------
                                                                                Cost savings
                                                                 -----------------------------------------------
                              Year                                                 At 7 percent    At 3 percent
                                                                   Undiscounted    discount rate   discount rate
----------------------------------------------------------------------------------------------------------------
1...............................................................      ($184,868)      ($172,774)      ($179,484)
2...............................................................      ($184,868)      ($161,471)      ($174,256)
3...............................................................      ($184,868)      ($150,908)      ($169,181)
4...............................................................      ($184,868)      ($141,035)      ($164,253)
5...............................................................      ($184,868)      ($131,809)      ($159,469)
6...............................................................      ($184,868)      ($123,186)      ($154,824)
7...............................................................      ($184,868)      ($115,127)      ($150,315)
8...............................................................      ($184,868)      ($107,595)      ($145,937)
9...............................................................      ($184,868)      ($100,556)      ($141,686)
10..............................................................      ($184,868)       ($93,978)      ($137,559)
    Total.......................................................    ($1,848,683)    ($1,298,437)    ($1,576,964)
    Annualized..................................................  ..............      ($184,868)      ($184,868)
----------------------------------------------------------------------------------------------------------------

4. Change the Format of Electronic Reports
    The Coast Guard expects to improve reporting efficiency and data
handling by changing the format of the electronic report that can be
found in Information Collection Request (ICR), OMB Control number 1625-
0069. The proposed changes include standardized data formats and the
addition of pull down menus. We do not anticipate any significant
change in the reporting burden and, therefore, expect no additional
costs or cost savings to the industry. According to the NBIC data from
the past 6 years, approximately 99 percent of reports have been
submitted electronically. In recent years, 100 percent of the reports
have been submitted electronically. Standardized data entry would
improve data quality and, as a result, data analyses would be easier
and less time consuming.
5. Summary of Economic Impact of Proposed Rule
    We estimate that this proposed rule would result in a total and
annualized cost savings of $1,143,145 and $162,758 respectively, at 7
percent discount rate, over a 10-year period of analysis. These
estimates are developed and shown in Table 5.

                           Table 5--Annual and Total Economic Impact of Proposed Rule
                                          [At 7 percent discount rate]
----------------------------------------------------------------------------------------------------------------
                                  1. Report from
                                      vessels        2. Update       3. Allow       4. Require
                                     operating        Current       vessels to      reports be       Economic
              Year                exclusively in   Ballast Water  submit reports     submitted       impact of
                                   one COTP Zone      Report       after arrival  electronically   proposed rule
                                      (cost)                      (cost savings)
----------------------------------------------------------------------------------------------------------------
1...............................         $55,303              $0      ($172,774)              $0      ($117,471)
2...............................         $51,685              $0      ($161,471)              $0      ($109,786)
3...............................         $48,304              $0      ($150,908)              $0      ($102,604)
4...............................              --              $0      ($141,035)              $0      ($141,035)
5...............................              --              $0      ($131,809)              $0      ($131,809)
6...............................              --              $0      ($123,186)              $0      ($123,186)
7...............................              --              $0      ($115,127)              $0      ($115,127)
8...............................              --              $0      ($107,595)              $0      ($107,595)
9...............................              --              $0      ($100,556)              $0      ($100,556)
10..............................              --              $0       ($93,978)              $0       ($93,978)
    Total.......................        $155,292              $0    ($1,298,437)              $0    ($1,143,145)
    Annualized..................         $22,110              $0      ($184,868)              $0      ($162,758)
----------------------------------------------------------------------------------------------------------------
Note: Totals may not add due to rounding.

B. Small Entities

    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), we
have considered whether this proposed rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
    As described in the ``Regulatory Analyses'' section, we expect
minimal costs per vessel (an annual cost of $45.54 for a 3-year period)
to owners of vessels operating exclusively between ports or places
within a single COTP Zone. Based on available data, we estimate that
about 74 percent of entities affected by this proposed rule are small
under the RFA and the Small Business Administration's size standards.
The economic impact of the 3-year reporting requirement is less than 1
percent of revenue for 100 percent of the small entities. We estimate
that small entities will experience an average annual cost of $139
(non-discounted) (cost is based on small entities managing, on average,
3 vessels). Therefore, the Coast Guard expects that this proposed rule
would not have a significant economic impact on small entities. Through
this proposed rule, the Coast Guard would obtain information on ballast
water operations from a segment of the industry for which there is
limited information, and improve the utility of the data provided to
Coast Guard.
    Owners and operators of applicable vessels already reporting
ballast water management practices under 33 CFR 151.2070 would incur a
cost savings as a result of the elimination of post-arrival amendments
due to time of the reporting.\7\
---------------------------------------------------------------------------

    \7\ In this proposed rule, most vessel owners and operators
would be allowed to report ballast water management practices after
arrival instead of 24 hours prior to arrival, as it is currently
required under 33 CFR 151.2070. Due to additional compliance
monitoring for vessels bound for the Great Lakes and Hudson River,
above George Washington Bridge, those vessels will still need to
submit reports 24 hours prior to their arrival under 33 CFR
151.1516.
---------------------------------------------------------------------------

    Therefore, the Coast Guard certifies that under 5 U.S.C. 605(b),
this proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult LCDR Rodney Wert,
Environmental Standards Division, U.S. Coast Guard (CG-OES-3);
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This proposed rule would modify an existing collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other, similar actions. The title and description of the information
collections, a description of those who must collect the information,
and an estimate of the total annual burden follow. The burden hour
estimates cover the time for reviewing instructions, searching existing
sources of data, gathering and maintaining the data needed, and
completing and reviewing the collection.
    Title: Ballast Water Management Reporting and Recordkeeping
    OMB Control Number: 1625-0069
    Summary of The Collection Of Information: This proposed rule would
modify the existing BWM recordkeeping requirements in 33 CFR 151.2070
and amend the ballast water report (OMB Control Number 1625-0069). In
this proposed rule, the Coast Guard would require vessels with ballast
tanks and operating exclusively on voyages between ports or places
within a single COTP Zone to submit an annual summary report of their
BWM practices for 3 years. The Coast Guard also proposes to update the
ballast water report to include only data that are essential to
understanding and analyzing ballast water management practices. The
proposed rule would also allow most vessels to submit ballast water
reports after arrival to the port or place of destination.
    Need For Information: It is essential for the Coast Guard to
improve the breadth and quality of its ballast water management data so
it can make the most informed programmatic and regulatory actions to
prevent the introduction of aquatic NIS in U.S. waters. Limited
information is available for vessels operating exclusively between
ports or places within a single COTP Zone, since most of these vessels
are exempted from the reporting requirements of 33 CFR 151.2070.
    Proposed Use of Information: Obtain BWM data for a segment of the
industry for which the Coast Guard has limited information and improve
the utility of the data provided by the currently regulated vessel
population. Additionally, this proposed rule will minimize the
administrative burden on the currently regulated population (under 33
CFR 151.2070) by allowing most vessels to submit ballast water reports
after arrival and make reporting more concise by including only
essential data.
    Description of The Respondents: The respondents are:
    (a) Owners and operators of vessels with ballast water tanks
operating exclusively on voyages between ports or places within a
single COTP Zone. These vessel owners and operators are currently
exempted from reporting ballast water practices under 33 CFR 151.2070.
This proposed rule would require them to submit annual summary reports
of their ballast water management practices. The Coast Guard proposes
that the information collection requirement end after 3 years.
    (b) Owners and operators of vessels currently reporting ballast
water management activities under 33 CFR 151.2070.
    Number of Respondents: The current approved collection of
information (OMB 1625-0069) includes owners and operators of vessels
currently reporting ballast water management activities under 33 CFR
151.2070. The current reported number of respondents is

8,383. These respondents would be subjected to the amendments of the
ballast water reporting (for more information, see Section V.
Regulatory Analyses, A.1, A.2 and A.4 of this preamble) and changes to
reporting time (for more information, see Section V. Regulatory
Analyses, A.3 of this preamble).
    The requirements of this proposed rule would also add 1,280
respondents from vessels with ballast water tanks operating exclusively
on voyages between ports or places within a single COTP Zone.
Therefore, the total number of respondents would increase by 1,280 to
9,663 (8,383 current respondents + 1,280 new respondents due to the
requirements of this proposed rule).
    Frequency of Response: Current respondents under 33 CFR 151.2070
would continue to report upon arrival to U.S. ports. New respondents
(owners and operators of vessels operating exclusively on voyages
between ports or places within a single COTP Zone) would have to report
once a year for a period of 3 years.
    Burden of Response: We estimate that the response would take
approximately 40 minutes per report for vessels with ballast water
tanks operating exclusively on voyages between ports or places within a
single COTP Zone.
    Estimate of Total Annual Burden: The annual burden is estimated as
follows:
    (a) Annual burden for new reporting requirement for vessels
operating within a single COTP Zone: This rule would create a new
burden of 858 hours (1,280 vessels x .67 hours \8\) for the private
sector.
---------------------------------------------------------------------------

    \8\ The estimation based on time required for reporting. Most
information is well known by the vessel manager and does not require
additional document or consultation. The questions are: vessel name,
number, identification number, type, operator, tonnage, call sign,
COTPZ of operation, number of ballast water tanks, total ballast
water capacity, primary port of ballast water loading and discharge,
estimated number of trips where ballast water is discharged and
volume.
---------------------------------------------------------------------------

    (b) Annual burden for current reporting requirements: As described
in section V. of this preamble, this proposed rule would allow most
vessels to report no later than six hours after arrival (instead of 24
hours prior to arrival as it is currently required under 33 CFR
151.2070). Therefore, this population of vessels would not see a change
in the amount of annual burden, since this proposed rulemaking only
changes when vessels have to submit the report.
    This proposed rule would result in a total annual burden increase
of 858 hours due to the new requirement for vessels operating
exclusively on voyages between ports or places within a single COTP
Zone. We estimate the total annual cost burden to be $59,174 (non-
discounted).
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this proposed rule to the Office of
Management and Budget (OMB) for its review of the collection of
information.
    We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
    If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the Coast Guard's request to
collect this information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    We have analyzed this rule under that Order and have determined
that it does not have implications for federalism. NANPCA, as amended
by NISA, contains a ``savings provision'' that saves States their
authority to ``adopt or enforce control measures for aquatic nuisance
species, [and nothing in the Act would] diminish or affect the
jurisdiction of any State over species of fish and wildlife.'' 16
U.S.C. 4725. It also requires that ``[a]ll actions taken by Federal
agencies in implementing the provisions of [the Act] be consistent with
all applicable Federal, State, and local environmental laws.'' Thus,
the congressional mandate is clearly for a Federal-State cooperative
regime in combating the introduction of aquatic NIS into the waters of
the United States from ships' ballast water.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of

energy. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule is likely to be categorically excluded under section 2.B.2, figure
2-1, paragraph (34)(a) of the Instruction. This rule involves
regulations that are editorial and procedural. An environmental
analysis checklist is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 151

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 151 as follows:

Title 33--Navigation and Navigable Waters

CHAPTER I--COAST GUARD

Subchapter O--Pollution

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 in the Great Lakes and Hudson River

0
1. The authority citation for subpart C continues to read as follows:

    Authority:  16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.1.
0
2. In Sec.  151.1516, revise paragraph (a) to read as follows:

Sec.  151.1516  Compliance Monitoring.

    (a) The master of each vessel equipped with ballast tanks must
provide the following information, in written form, to the Captain of
the Port (COTP):
* * * * *

Subpart D--Ballast Water Management for Control of Nonindigenous
Species in Waters of the United States

0
3. The authority citation for subpart D continues to read as follows:

    Authority: 16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.1.
0
4. Amend Sec.  151.2015 as follows:
0
a. Revise paragraph (b);
0
b. Redesignate paragraph (c) as paragraph (d);
0
c. Add new paragraph (c);
0
d. Revise newly redesignated paragraph (d)(3); and
0
e. Add Table 1 to paragraph (d) to read as follows:

Sec.  151.2015  Exemptions.

* * * * *
    (b) Crude oil tankers engaged in coastwise trade are exempt from
the requirements of Sec. Sec.  151.2025 (ballast water management (BWM)
requirements), 151.2060 (reporting), and 151.2070 (recordkeeping) of
this subpart.
    (c) Vessels that operate exclusively on voyages between ports or
places within a single COTP Zone are exempt from the requirements of
Sec. Sec.  151.2025 (ballast water management (BWM) requirements), and
151.2070 (recordkeeping) of this subpart.
    (d) * * *
* * * * *
    (3) Vessels that operate in more than a single COTP Zone and take
on and discharge ballast water exclusively in a single COTP Zone.

                   Table 1--Table of 33 CFR 151.2015 Specific Exemptions for Types of Vessels
----------------------------------------------------------------------------------------------------------------
                                                                                151.2070
                                        151.2025  (Management)    151.2060 (Reporting)       (Recordkeeping)
----------------------------------------------------------------------------------------------------------------
Department of Defense or Coast Guard   Exempt.................  Exempt.................  Exempt.
 vessel subject to 46 U.S.C. 4713.
Vessel of the Armed Forces subject to  Exempt.................  Exempt.................  Exempt.
 the ``Uniform National Discharge
 Standards for Vessels of the Armed
 Forces'' (33 U.S.C. 1322(n)).
Crude oil tankers engaged in           Exempt.................  Exempt.................  Exempt.
 coastwise trade.
Vessel operates exclusively on         Exempt.................  Applicable.............  Exempt.
 voyages between ports or places
 within a single COTP Zone.
Seagoing vessel operates on voyages    Exempt.................  Applicable.............  Applicable.
 between ports or places in more than
 one COTP Zone, does not operate
 outside of EEZ, and <= 1600 gross
 register tons or <= 3000 gross tons
 (ITC).
Non-seagoing vessel..................  Exempt.................  Applicable.............  Applicable (unless
                                                                                operating exclusively
                                                                                on voyages between
                                                                                ports or places within
                                                                                a single COTP Zone).

Vessel operates between ports or       Exempt.................  Applicable.............  Applicable.
 places in more than one COTP Zone
 and takes on and discharges ballast
 water exclusively in one COTP Zone.
----------------------------------------------------------------------------------------------------------------

0
5. Amend Sec.  151.2060 as follows:
0
a. Revise paragraph (b);
0
b. Redesignate paragraph (c) as paragraph (d);
0
c. Add paragraph (c);
0
b. Revise newly designated paragraph (d);
0
c. Add paragraphs (e) and (f) to read as set out below:

Sec.  151.2060  Reporting requirements.

* * * * *
    (b) Unless operating exclusively on voyages between ports or places
within a single COTP Zone, the master, owner, operator, agent, or
person in charge of a vessel subject to this subpart and this section
must submit a ballast water report to the National Ballast Information
Clearinghouse (NBIC) by electronic ballast water report format using
methods specified at the NBIC's Web site at http://invasions.si.edu/nbic/submit.html. The ballast water report will include the information
listed in paragraph (c) and must be submitted as follows:
    (1) For any vessel bound for the Great Lakes from outside the EEZ:
    (i) Submit a ballast water report at least 24 hours before the
vessel arrives in Montreal, Quebec.
    (ii) Non-U.S. and non-Canadian flag vessels may complete the St.
Lawrence Seaway Ballast Water Form and submit it in accordance with the
applicable Seaway notice as an alternative to this requirement.
    (2) For any vessel bound for the Hudson River north of the George
Washington Bridge entering from outside the EEZ: Submit the ballast
water report at least 24 hours before the vessel enters New York, NY.
    (3) For any vessel that is equipped with ballast water tanks and
bound for ports or places in the United States and not addressed in
paragraphs (b)(1) and (b)(2) of this section: Submit the ballast water
report no later than 6 hours after arrival at the port or place of
destination, or prior to departure from that port or place of
destination, whichever is earlier.
    (c) The ballast water report required by paragraph (b) will include
the following information:
    (1) Vessel information. This includes the vessel's name,
International Maritime Organization (IMO) number or other vessel
identification number if an IMO number is not issued, country of
registry, operator, type and tonnage.
    (2) Voyage information. This includes the port and date of arrival,
vessel agent name and contact information, last port and country of
call, and next port and country of call.
    (3) Ballast water information. This includes the vessel's total
ballast water capacity, total number of ballast water tanks, total
volume of ballast water onboard, and total number of ballast water
tanks in ballast. All volumes are reported in cubic meters (m\3\).
    (4) Information on ballast water tanks that are to be discharged
into the waters of the United States or to a reception facility.
Include the following for each tank discharged:
    (i) The numerical designation, type and capacity of the ballast
tank.
    (ii) The source of the ballast water. This includes date(s),
location(s), and volume(s). If a tank has undergone ballast water
exchange, provide the loading port of the ballast water that was
discharged during the exchange.
    (iii) The date(s), starting location(s), ending location(s) and
method(s) of ballast water management.
    (iv) The date(s), location(s), and volume(s) of any ballast water
discharged into the waters of the United States or to a reception
facility.
    (5) Certification of accurate information. Include the name and
title of the individual (i.e. master, owner, operator, agent, person in
charge) attesting to the accuracy of the information provided and that
the activities were in accordance with the ballast water management
plan required by Sec.  151.2050(g). If exceptional circumstances
required deviation from the plan, the details surrounding the need for
deviation and associated actions must be explained.
    (d) If the information submitted in accordance with paragraph (c)
changes, the master, owner, operator, agent, or person in charge of the
vessel must submit an amended report before the vessel departs the
waters of the United States or not later than 24 hours after departure
from the port or place, whichever is earlier.
    (e) The master, owner, operator, agent, or person in charge of a
vessel operating on voyages exclusively between ports or places within
a single COTP Zone, and subject to this subpart and this section, must
submit the information required by paragraph (f) to the National
Ballast Information Clearinghouse (NBIC) by electronic Annual Ballast
Water Summary Report format using methods specified at the NBIC's Web
site at http://invasions.si.edu/nbic/submit.html. The Annual Ballast
Water Summary Report will be required for a period of three years on
the following schedule:
    (1) Report on the vessel's ballasting practices for calendar year
[INSERT 1 YEAR AFTER THE DATE OF PUBLICATION OF FINAL RULE] due no
later than March 31,[INSERT 2 YEAR AFTER THE DATE OF PUBLICATION OF
FINAL RULE).
    (2) Report on the vessel's ballasting practices for calendar year
[INSERT 2 YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE] due no
later than March 31, [INSERT 3 YEARS AFTER DATE OF PUBLICATION OF FINAL
RULE].
    (3) Report on the vessel's ballasting practices for calendar year
[INSERT 3 YEARS AFTER DATE OF PUBLICATION OF FINAL RULE] due no later
than March 31, [INSERT 4 YEARS AFTER DATE OF PUBLICATION OF FINAL
RULE].
    (f) The Annual Ballast Water Summary Report will include the
following information:
    (1) Vessel information. This includes name, identification number,
vessel type, operator, tonnage, call sign and COTP Zone of operation.
    (2) Ballast information. This includes the number of ballast tanks
and total ballast water capacity.
    (3) Operational information. This includes primary port of ballast
water loading, primary port of ballast water discharge, estimated
number of trips where ballast water is discharged, estimated volume of
ballast water discharged per trip and certification of compliance with
Sec.  151.2050.
0
6. Revise Sec.  151.2070 to read as follows:

Sec.  151.2070  Recordkeeping requirements.

    (a) The master, owner, operator, agent, or person in charge of a
vessel bound for a port or place in the United States, unless
specifically exempted by Sec.  151.2015 of this subpart, must ensure
the maintenance of written records that include the following
information:
    (1) Vessel information. This includes the vessel's name,
International Maritime Organization (IMO) number (or other vessel
identification number if IMO number is not issued), gross tonnage,
total ballast water capacity, and country of registry (flag).
    (2) Ballast water uptake information. This includes the date(s) and
location(s) where the ballast water was taken on board, the volume(s)
of the ballast water taken on board, and the numerical designation(s)
of the tank(s) receiving the ballast water. Record all volumes in cubic
meters (m\3\).
    (3) Ballast water management information. This includes the date(s)
and location(s) where the management takes place, the volume(s) of
ballast water managed, the numerical designation(s) of the tank(s)
managed, and the management method used. Record all volumes in cubic
meters (m\3\).
    (4) Ballast water discharge information. This includes the date(s)
and location(s) of where the ballast water was discharged, the
volume(s) of ballast water discharged, the numerical designation(s) of
the tank(s) from which the ballast water was discharged, and whether
the discharge was into the surrounding waters or to a reception
facility. Record all volumes in cubic meters (m\3\).
    (5) Discharge of sediment. If sediment was discharged within the
jurisdiction of the United States, include the name and location of the
facility where the sediment discharge took place.
    (6) Certification of accurate information. Include the master,
owner, operator, agent, person in charge, or responsible officer's
printed name, title, and signature attesting to the accuracy of the
information provided and that the activities were in accordance with
the ballast water management plan required by Sec.  151.2050(g). If
exceptional circumstances required deviation from the plan, the details
surrounding the need for deviation and associated actions must be
explained.
    (b) The master, owner, operator, agent, or person in charge of a
vessel subject to this section must retain a signed copy of this
information onboard the vessel for 2 years.
    (c) The master, owner, operator, agent, or person in charge of a
vessel subject to this section must retain the monitoring records
required in 46 CFR 162.060-20(b) for 2 years. These records may be
stored on digital media but must be readily viewable for Coast Guard
inspection.

    Dated: May 29, 2013.
J. G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-13140 Filed 6-4-13; 8:45 am]
BILLING CODE 9110-04-P