[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18495]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0126]


Application for the Tank Ship S/R AMERICAN PROGRESS, Review for 
Inclusion in the Shipboard Technology Evaluation Program; Final 
Environmental Assessment

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of the Final 
Environmental Assessment (FEA) for the tank ship S/R AMERICAN PROGRESS. 
The FEA describes the S/R AMERICAN PROGRESS application for the 
Shipboard Technology Evaluation Program (STEP) Ballast Water Management 
System (BWMS) initiative. The FEA for the S/R AMERICAN PROGRESS also 
addresses potential effects on the human and natural environments from 
installing, testing, and using the SevernTrentDeNora (STDN) BalPure\TM\ 
ballast water treatment system as the vessel operates in U.S. waters.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this notice as being available in the docket, 
are part of the docket USCG-2008-0126. These documents are available 
for inspection or copying at the 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You can also find all docketed documents on the Federal 
Document Management System at http://www.regulations.gov, United States 
Coast Guard docket number USCG-2008-0126.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail LCDR Brian Moore, U.S. Coast Guard; telephone 202-372-
1434, e-mail [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    In the Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990, as reauthorized, and as amended by the National Invasive Species 
Act of 1996, Public Law 101-646 and Public Law 104-332, respectively, 
Congress directed the Coast Guard to prevent, to the maximum extent 
practicable, introduction of aquatic nonindigenous species from ballast 
water discharged by ships (16 U.S.C. 4711). To achieve this objective, 
the Coast Guard wrote new regulations in 33 CFR 151, subparts C and D. 
(58 FR 18330, Apr. 8, 1993, and 69 FR 44952, Jul. 28, 2004, 
respectively).
    On December 8, 2004, the Coast Guard published a notice in the 
Federal Register (69 FR 71068, Dec. 8, 2004), announcing its Shipboard 
Technology Evaluation Program (STEP) for experimental shipboard ballast 
water treatment systems. The program goal is to promote development of 
alternatives to ballast water exchange as a means of preventing 
invasive species from entering U.S. waters through ships' ballast 
water. The comments we received support testing prototype treatment 
equipment and developing effective and practicable standards for 
approving this equipment.
    In accordance with the National Environmental Policy Act of 1969 
(Section 102(2)(c)), as implemented by the Council of Environmental 
Quality regulations in 40 CFR parts 1500-1508, and Coast Guard 
Commandant Instruction M16475.1D, ``National Environmental Policy Act 
Implementing Procedures and Policy for Considering Environmental 
Impacts,'' the Coast Guard prepared a Programmatic Environmental 
Assessment (PEA) for the STEP to evaluate the environmental impacts 
from installing and operating a limited number of prototype ballast 
water treatment systems (69 FR 71068, Dec. 8, 2004). The PEA can be 
found in docket USCG-2001-9267. The PEA addresses potential effects to 
the natural and human environments including fish, marine mammals, 
invertebrates, microorganisms and plankton, submerged and emergent 
aquatic vegetation, threatened and endangered species, and essential 
fish habitat. It also requires each system to be evaluated for 
localized effects on the ports and waterways where a vessel involved in 
the program operates.
    The Coast Guard announced the availability and request for public 
comments of the Draft Environmental Assessment (DEA) for the tank ship 
S/R AMERICAN PROGRESS by Federal Register notice on December 1, 2008 
(73 FR 72825, Dec. 1, 2008). The comment period was open until December 
31, 2008. The California State Lands Commission (CSLC) had commented on 
previous Draft Environmental Assessments regarding three other vessels 
with STEP applications, specifically, STEP applications regarding the 
cruise ship CORAL PRINCESS (73 FR 72817, Dec. 1, 2008), the integrated 
tug and barge MOKU PAHU (73 FR 72819, Dec. 1, 2008), and the vessel 
ATLANTIC COMPASS (73 FR 72814, Dec. 1, 2008). Due to the high level of 
interest previously shown by CSLC, and that just prior to the end of 
the comment period on the DEA for S/R AMERICAN PROGRESS there were no 
public comments, the Coast Guard contacted CSLC prior to the closing of 
the comment period to ensure CSLC was aware of the posting. Soon after 
the comment period had expired, CSLC replied directly to Coast Guard 
via e-mail with comments. The CLSC submitted 23 substantive comments, 
and 19 editorial comments. All comments from CSLC were posted by the 
Coast Guard to the docket. The Coast Guard received no other comments 
from any source.
    The 19 editorial comments from CLSC were adopted and incorporated 
in the Final Environmental Assessment (FEA) to improve readability. The 
adopted edits made no substantive changes to the FEA. The remaining 
comments with the Coast Guard's response are provided as appendix G in 
the FEA.
    This notice is issued under authority of the National Environmental 
Policy Act of 1969 (Section 102 (2)(c)), as implemented by the Council 
of Environmental Quality regulations (40 CFR parts 1500-1508) and Coast 
Guard Commandant Instruction M16475.1D.

    Dated: July 28, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-18495 Filed 8-3-09; 8:45 am]
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