141 
enforce standards and procedures devel-
oped under this paragraph. 
‘‘(2) TRANSITING
VESSELS.—Not later than 
180 days after the date of enactment of the Ballast 
Water Treatment Act of 2007, the Secretary shall 
transmit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives containing— 
‘‘(A) an assessment of the magnitude and 
potential adverse impacts of ballast water oper-
ations from foreign vessels designed, adapted, 
or constructed to carry ballast water that are 
transiting waters subject to the jurisdiction of 
the United States; and 
‘‘(B) recommendations, including legisla-
tive recommendations if appropriate, of options 
for addressing ballast water operations of those 
vessels. 
‘‘(s) JUDICIAL REVIEW OF REGULATIONS.— 
‘‘(1) 120-DAY
RULE.—An interested person 
may bring an action for review of a final regulation 
issued under this section by the Secretary in the 
United States Court of Appeals for the District of 
Columbia Circuit. Any such petition shall be filled 
VerDate Aug 31 2005 
00:23 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H2830.IH
H2830
hmoore on PRODPC68 with HMBILLS
142 
within 120 days after the date on the which notice 
for the rulemaking appears in the Federal Register; 
except that, if the petition is based solely on grounds 
arising after the 120th day, the petition shall be 
filed within 120 days after those grounds arise. 
‘‘(2) 
REVIEW
IN
ENFORCEMENT
PRO-
CEEDINGS.—A regulation for which review could 
have been obtained under subparagraph (A) is not 
subject to judicial review in any civil or criminal pro-
ceeding 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) paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; 
(B) paragraphs (4), (5), and (6) as para-
graphs (8), (9), and (10), respectively; 
(C) paragraphs (7), (8), (9), and (10) as 
paragraphs (12), (13), (14), and (15), respec-
tively; 
(D) paragraphs (11) and (12) as para-
graphs (17) and (18), respectively; 
(E) paragraphs (13), (14), and (15) as 
paragraphs (20), (21), and (22), respectively; 
VerDate Aug 31 2005 
00:23 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H2830.IH
H2830
hmoore on PRODPC68 with HMBILLS
143 
(F) paragraph (16) as paragraph (27); and 
(G) paragraph (17) as paragraph (23); 
(2) by moving paragraph (23), as so redesig-
nated, after paragraph (22), as so redesignated; 
(3) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency;’’; 
(4) by striking paragraph (4), as so redesig-
nated, and inserting the following: 
‘‘(4) ‘ballast water’ means— 
‘‘(A) water taken on board a vessel to con-
trol trim, list, draught, stability, or stresses of 
the vessel, including matter suspended in such 
water; or 
‘‘(B) any water placed into a ballast tank 
during cleaning, maintenance, or other oper-
ations.’’; 
(5) by inserting after paragraph (4), as so re-
designated and amended, the following: 
‘‘(5) ‘ballast water capacity’ means the total 
volumetric capacity of any tanks, spaces, or com-
partments on a vessel that is used for carrying, load-
ing, or discharging ballast water, including any 
VerDate Aug 31 2005 
00:23 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H2830.IH
H2830
hmoore on PRODPC68 with HMBILLS
144 
multi-use tank, space, or compartment designed to 
allow carriage of ballast water; 
‘‘(6) ‘ballast water management’ means me-
chanical, physical, chemical, and biological processes 
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; 
‘‘(7) ‘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;’’; 
(6) by inserting after paragraph (10), as so re-
designated, the following: 
‘‘(11) ‘foreign vessel’ has the meaning such 
term has under section 110 of title 46, United 
States Code;’’; 
VerDate Aug 31 2005 
00:23 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H2830.IH
H2830
hmoore on PRODPC68 with HMBILLS
145 
(7) by inserting after paragraph (15), as so re-
designated, the following: 
‘‘(16) ‘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; 
‘‘(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(e);’’; 
(8) by inserting after paragraph (18), as so re-
designated, the following: 
‘‘(19) ‘sediment’ means matter that has settled 
out of ballast water within a vessel;’’; 
(9) in paragraph (22), as so redesignated, by 
striking ‘‘and’’ at the end; 
(10) by inserting after paragraph (23), as so 
redesignated and moved, the following: 
VerDate Aug 31 2005 
00:23 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H2830.IH
H2830
hmoore on PRODPC68 with HMBILLS
146 
‘‘(24) ‘United States port’ means a port, river, 
harbor, or offshore terminal under the jurisdiction of 
the United States, including ports located in Puerto 
Rico, Guam, and the United States Virgin Islands; 
‘‘(25) ‘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 
‘‘(B) any vessel owned or operated by the 
Department of Homeland Security that is des-
ignated by the Secretary as a vessel equivalent 
to a vessel described in subparagraph (A); 
‘‘(26) ‘vessel of the United States’ has the 
meaning such term has under section 116 of title 
46,United States Code;’’; and 
(11) in paragraph (27), as so redesignated, by 
striking the period at the end and inserting ‘‘; and’’; 
and 
(12) by inserting after paragraph (27), as so 
redesignated and amended, the following: 
‘‘(28) ‘waters subject to the jurisdiction of the 
United States’ means navigable waters and the terri-
torial sea of the United States, the exclusive eco-
nomic zone, and the Great Lakes.’’. 
VerDate Aug 31 2005 
00:23 Jun 26, 2007
Jkt 059200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H2830.IH
H2830
hmoore on PRODPC68 with HMBILLS