Appeals for the Federal judicial district in 
which that person resides or transacts business 
which is directly affected by that regulation 
only if that action is filed within— 
‘‘(i) 120 days after the date on which 
the regulation is promulgated; or 
‘‘(ii) more than 120 days after that 
date if the action is based on grounds that 
arose after that 120-day period. 
‘‘(B) REVIEW
IN
ENFORCEMENT
PRO-
CEEDINGS.—A regulation for which review 
could have been obtained under subparagraph 
(A) of this paragraph is not subject to judicial 
review in any civil or criminal proceeding for 
enforcement.’’. 
(b) DEFINITIONS.—Section 1003 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4702) is amended— 
(1) by redesignating— 
(A) paragraph (1) and (2) as paragraphs 
(2) and (3), respectively; 
(B) paragraph (3) as paragraph (5); 
(C) paragraphs (4), (5), (6), (7), (8), (9), 
and (10) as paragraphs (9), (10), (11), (12), 
(13), (14), and (15), respectively; 
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(D) paragraphs (11) and (12) as para-
graphs (18) and (19), respectively; 
(E) paragraphs (13), (14), and (15) as 
paragraphs (21), (22), and (23), respectively; 
(F) paragraph (16) as paragraph (27); and 
(G) paragraph (17) as paragraph (24), 
and moving it so as to appear immediately after 
paragraph (23), as redesignated; 
(2) by striking— 
(A) ‘‘nuisance’’ in paragraph (2), as redes-
ignated, and inserting ‘‘invasive’’; 
(B) ‘‘nuisance’’ in paragraph (11), as re-
designated, and inserting ‘‘invasive’’; 
(C) ‘‘Nuisance’’ in paragraph (21), as re-
designated, and inserting ‘‘Invasive’’; and 
(D) ‘‘Canandian’’ in paragraph (12), as re-
designated, and inserting ‘‘Canadian’’; 
(3) by inserting before paragraph (2) the fol-
lowing: 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency;’’; 
(4) by striking paragraph (5), as redesignated, 
and inserting after paragraph (3), as redesignated, 
the following: 
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‘‘(4) ‘ballast tank’ means any tank, space, or 
compartment on a vessel that is used for carrying, 
loading, or discharging ballast water, including any 
multi-use tank, space, or compartment designed to 
allow carriage of ballast water; 
‘‘(5) ‘ballast water’— 
‘‘(A) except as provided in subparagraph 
(B), means— 
‘‘(i) water taken on board a vessel to 
control trim, list, draught, stability, or 
stresses of the vessel, including matter sus-
pended in such water; and 
‘‘(ii) any water placed into a ballast 
tank during cleaning, maintenance, or 
other operations; and 
‘‘(B) does not include water that— 
‘‘(i) at the time of discharge, does not 
contain aquatic invasive species; and 
‘‘(ii) was taken on board a vessel and 
used for a purpose described in subpara-
graph (A); 
‘‘(6) ‘ballast water capacity’ means the total 
volumetric capacity of all ballast tanks on a vessel; 
‘‘(7) ‘ballast water management’ means me-
chanical, physical, chemical, and biological processes 
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used, either singularly or in combination, to remove, 
render harmless, or avoid the uptake or discharge of 
harmful aquatic organisms and pathogens within 
ballast water and sediment; 
‘‘(8) ‘constructed’ means a state of construction 
of a vessel at which— 
‘‘(A) the keel is laid; 
‘‘(B) construction identifiable with the spe-
cific vessel begins; 
‘‘(C) assembly of the vessel has begun 
comprising at least 50 tons or 1 percent of the 
estimated mass of all structural material of the 
vessel, whichever is less; or 
‘‘(D) the vessel undergoes a major conver-
sion;’’; 
(5) by inserting after paragraph (15), as redes-
ignated, the following: 
‘‘(16) ‘Invasive Species Council’ means the 
interagency council established by section 3 of Exec-
utive Order No. 13112 (42 U.S.C. 4321 note); 
‘‘(17) ‘major conversion’ means a conversion of 
a vessel, that— 
‘‘(A) changes its ballast water carrying ca-
pacity by at least 15 percent; 
‘‘(B) changes the vessel class; 
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‘‘(C) is projected to prolong the vessel’s life 
by at least 10 years (as determined by the Sec-
retary); or 
‘‘(D) results in modifications to the vessel’s 
ballast water system, except— 
‘‘(i) component replacement-in-kind; 
or 
‘‘(ii) conversion of a vessel to meet the 
requirements of section 1101(f);’’; 
(6) by inserting after paragraph (19), as redes-
ignated, the following: 
‘‘(20) ‘sediment’ means matter that has settled 
out of ballast water within a vessel;’’; 
(7) by inserting after paragraph (24), as redes-
ignated, the following: 
‘‘(25) ‘United States port’ means a port, river, 
harbor, or offshore terminal under the jurisdiction of 
the United States, including a port located in Puerto 
Rico, Guam, the Northern Marianas, or the United 
States Virgin Islands; 
‘‘(26) ‘vessel of the Armed Forces’ means— 
‘‘(A) any vessel owned or operated by the 
Department of Defense, other than a time or 
voyage chartered vessel; and 
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