702 

§ 401.30 33 CFR Ch. IV (7–1–08 Edition) 

(b) The draft of a vessel shall not, in 

any case, exceed 79.2 dm or the maximum permissible draft designated in a 

Seaway Notice by the Corporation and 

the Manager for the part of the Seaway 

in which a vessel is passing. 

(68 Stat. 93–96, 33 U.S.C. 981–990, as amended 

and secs. 4, 5, 6, 7, 8, 12 and 13 of Sec. 2 of 

Pub. L. 95–474, 92 Stat. 1471) 

[42 FR 27587, May 31, 1977, as amended at 45 

FR 52378, Aug. 7, 1980; 47 FR 51122, Nov. 12, 

1982; 65 FR 52914, Aug. 31, 2000; 73 FR 9953, 

Feb. 25, 2008] 

§ 401.30 Ballast water and trim. 

(a) Every vessel shall be adequately 

ballasted. 

(b) Every vessel shall be properly 

trimmed. 

(c) No vessel, other than under exceptional circumstances and with special 

permission, shall be accepted for transit whose trim by the stern exceeds 45.7 

dm. 

(d) Any vessel that is not adequately 

ballasted or properly trimmed in the 

opinion of an officer, may be refused 

transit or may be delayed. 

(e) To obtain clearance to transit the 

Seaway: 

(1) Every vessel entering the Seaway 

after operating beyond the exclusive 

economic zone must agree to comply 

with the ‘‘Code of Best Practices for 

Ballast Water Management’’ of the 

Shipping Federation of Canada dated 

September 28, 2000, while operating 

anywhere within the Great Lakes and 

the Seaway; and 

(2) Every other vessel entering the 

Seaway that operates within the Great 

Lakes and the Seaway must agree to 

comply with the ‘‘Voluntary Management Practices to Reduce the Transfer 

of Aquatic Nuisance Species Within the 

Great Lakes by U.S. and Canadian Domestic Shipping’’ of the Lake Carriers 

Association and Canadian Shipowners 

Association dated January 26, 2001, 

while operating anywhere within the 

Great Lakes and the Seaway. For copies of the ‘‘Code of Best Practices for 

Ballast Water Management’’ and of the 

‘‘Voluntary Management Practices to 

Reduce the Transfer of Aquatic Nuisance Species Within the Great Lakes 

by U.S. and Canadian Domestic Shipping’’ refer to the St. Lawrence Seaway 

Web site at http://www.greatlakes-seaway.com. 

(f) As a condition of transit of the 

Seaway after having operated outside 

the exclusive economic zone (EEZ) 

every vessel that carries only residual 

amounts of ballast water and/or sediment that were taken onboard the vessel outside the EEZ shall: 

(1) Conduct a saltwater flushing of 

their ballast water tanks that contain 

the residual amounts of ballast water 

and/or sediment in an area 200 nautical 

miles from any shore before entering 

waters of the Seaway. Saltwater flushing is defined as the addition of midocean water to ballast water tanks: 

The mixing of the flushwater with residual water and sediment through the 

motion of the vessel; and the discharge 

of the mixed water, such that the resultant residual water remaining in the 

tank has as high salinity as possible, 

and is at least 30 parts per thousand 

(ppt). The vessel shall take on as much 

mid-ocean water into each tank as is 

safe (for the vessel and crew) in order 

to conduct saltwater flushing. And adequate flushing may require more than 

one fill-mix-empty sequence, particularly if only small amounts of water 

can be safely taken onboard at one 

time. The master of the vessel is responsible for ensuring the safety of the 

vessel, crew, and passengers. Vessels 

reporting only residual ballast water 

onboard shall take particular care to 

conduct saltwater flushing on the transit to the Great Lakes so as to eliminate fresh and or brackish water residuals in ballast tanks; and 

(2) Maintain the ability to measure 

salinity levels in each tank onboard 

the vessel so that final salinities of at 

least 30 ppt can be ensured. 

(g) Every tank that is found not in 

compliance with 401.30(f) shall retain 

any ballast water until it exits the 

Seaway. 

(h) These requirements do not apply 

to vessels of the armed forces, as defined in the Federal Water Pollution 

Control Act, or that are owned or operated by a state and used in government 

noncommercial service. 

[39 FR 10900, Mar. 22, 1974, as amended at 67 

FR 8887, Feb. 27, 2002; 70 FR 12972, Mar. 17, 

2005; 71 FR 5606, Feb. 2, 2006; 73 FR 9953, Feb. 

25, 2008] 


ebenthall on PRODPC60 with CFR