[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17082-17084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6584]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2001-10486]
Standards for Living Organisms in Ships' Ballast Water Discharged
in U.S. Waters: Final Programmatic Environmental Impact Statement
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability.
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SUMMARY: The U.S. Coast Guard announces the availability of a final
programmatic environmental impact statement (FPEIS) for the rulemaking
entitled ``Standards for Living Organisms in Ships' Ballast Water
Discharged in U.S. Waters'' (Docket No. USCG-2001-10486). This FPEIS
provides an assessment of the potential
[[Page 17083]]
environmental impacts associated with the establishment of a ballast
water discharge standard for the allowable concentration of living
organisms in ships' ballast water discharged in waters of the United
States. The standard will be used to approve ballast water management
methods that are effective in preventing or reducing the introduction
of nonindigenous species via discharged ballast water into waters of
the United States.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 23,
2012 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2001-10486 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(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 (202) 366-9329.
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Mr. Greg Kirkbride, U.S. Coast Guard; telephone (202)
372-1479, email: [email protected]. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2001-10486) and provide a reason
for each suggestion or recommendation. All comments received will be
posted, without change, to http://www.regulations.gov and will include
any personal information you have provided. 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 telephone 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
click on the ``submit a comment'' box, which will then become
highlighted in blue. Insert ``USCG-2001-10486'' in the Keyword box,
click ``Search'', and then click on the balloon shape 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 them 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.
Viewing the comments and FPEIS: To view the comments and the FPEIS,
go to http://www.regulations.gov, enter the docket number for this
rulemaking (USCG-2001-10486) in the Keyword box, and click ``Search.''
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.
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 system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).
Basis and Purpose
Under the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (NANPCA) as reauthorized and amended in the National Invasive
Species Act of 1996 (NISA), the United States Coast Guard (USCG) is the
lead federal agency for implementing regulations to reduce or prevent
the introduction of nonindigenous species (NIS) via shipping activities
in waters of the United States.
In order to give effect to this statutory directive, on September
26, 2003, the USCG published a Notice of Intent with Request for
Comments to seek public and agency input to develop the scope of this
FPEIS on its proposed action to establish a ballast water discharge
standard (BWDS) that would be effective in preventing the introduction
and spread of NIS via discharged ballast water (68 FR 55559).
On July 28, 2004 the USCG published a final rule on a mandatory
ballast water management (BWM) program for all waters of the United
States, which was authorized under NISA (69 FR 44952). This program is
currently in effect and requires vessels that enter U.S. waters after
operating outside the U.S. Exclusive Economic Zone (EEZ) to use one of
the following BWM practices: Conduct mid-ocean Ballast Water Exchange
(BWE) 200 nautical miles from any shore, retain ballast water onboard,
or use a USCG-approved alternative method. At the time the final rule
was published, BWE and retention of ballast water were the only
available ballast water management methods. On August 28, 2009, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Standards for Living Organisms in Ships' Ballast Water Discharged in
U.S. Waters'' in the Federal Register (74 FR 44632) which proposed to
establish a BWDS.
The purpose of the proposed action in the FPEIS is for the USCG to
establish, via a rulemaking, a BWDS that is practicable, enforceable,
and which would be used to approve ballast water management methods,
including development and approval of shipboard BWM systems. The need
for the action is to prevent or reduce the introduction of NIS via
discharged ballast water from vessels entering waters of the United
States after operating outside the U.S. EEZ, and from vessels operating
within the U.S. EEZ.
The FPEIS evaluates the impacts to the environment from a range of
alternative ballast water discharge standards. The BWDS will be used to
approve ballast water management methods that are effective in
preventing or reducing the introduction of NIS via discharged ballast
water. The USCG believes that to prevent or reduce the introduction of
NIS, the preferred alternative must be biologically protective,
scientifically sound, practicable in implementation, and enforceable.
Ballast water is taken on by a vessel to increase the water draft,
change the trim, regulate the stability, or maintain stress loads
within acceptable operational limits. The term NIS refers to organisms
found outside of their native or historical range. In cases where they
invade ecosystems, NIS may alter aquatic and marine ecosystems and
[[Page 17084]]
biodiversity, impact commercial and recreational fisheries, cause
infrastructure damage, contribute to potential risks to human health,
and create economic impacts. Ballast water discharge is a major pathway
for NIS introduction from vessels operating in or entering waters of
the United States.
The FPEIS identifies and assesses reasonable alternatives for the
proposed action, including the No Action Alternative, addresses the
likely consequences of a BWDS on the human and natural environment, and
presents potential mitigation measures to avoid or minimize adverse
effects upon the quality of the human and natural environment. In the
FPEIS, the USCG analyzed five alternatives for a BWDS. These
alternatives are summarized as follows:
Alternative 1--No Action Alternative: Under the No Action
Alternative, the USCG would not establish a BWDS, but would continue
the existing BWM program. As currently in force, the BWM program,
established in 2004, directs ships to conduct mid-ocean BWE, retain
ballast water onboard, or use an environmentally sound ballast water
management method approved by the USCG.
Alternatives 2-4--Ballast Water Discharge Concentrations: These
alternatives differ from each other in the concentration and size
classes of organisms that would be permitted and the standard is
progressively more stringent from Alternative 2 to Alternative 4.
Alternative 2 provides for a protective standard of less than 10
organisms per cubic meter for organisms larger than 50 microns in
minimum dimension; and less than 10 organisms per milliliter for
organisms between 10 and 50 microns in minimum dimension. Alternative 3
provides for a protective standard of less than 1 organism per cubic
meter for organisms larger than 50 microns in minimum dimension; and
less than 1 organism per milliliter for organisms between 10 and 50
microns in minimum dimension. Alternative 4 provides for a protective
standard of less than 0.1 organisms per cubic meter for organisms
larger than 50 microns in minimum dimension; and less than 0.1
organisms per milliliter for organisms between 10 and 50 microns in
minimum dimension.
Alternative 5--Sterilization: Alternative 5 would require the
removal or inactivation of all living membrane-bound organisms
(including bacteria and some viruses) larger than 0.1 microns.
Alternative 2 has been selected as the USCG's preferred
alternative.
The USCG will file the FPEIS with the U.S. Environmental Protection
Agency (EPA), as required. The EPA will then publish an NOA in the
Federal Register, which reports all environmental impact statements
filed with the EPA during the preceding week. The publication of the
EPA NOA initiates a 30-day public review period. The timing of
publication of this NOA in the Federal Register will be coordinated
with the EPA NOA. By reason of this being a rulemaking action under the
Administrative Procedure Act, the Final Rule constitutes the Record of
Decision and it is being published this same date, consistent with 40
CFR 1506.10(b).
Dated: March 9, 2012.
J. G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-6584 Filed 3-16-12; 11:15 am]
BILLING CODE 9110-04-P