[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Notices]
[Page 37330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16305]



[[Page 37330]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0477]


Draft Policy Letter on the Coast Guard's Process To Accept 
Proposed Type-Approval Testing Protocols for Ballast Water Management 
Systems (BWMS) That Render Organisms in Ballast Water Nonviable

AGENCY: Coast Guard, DHS

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard announces the availability of a draft policy 
letter that establishes the Coast Guard's proposed acceptance of type-
approval testing protocols for BWMS that render nonviable (meaning 
``permanently incapable of reproduction'') organisms in ballast water 
and may be used in addition to the methods established under existing 
regulations; the process for accepting type-approval testing protocols 
for BWMS, if any, that render nonviable organisms in ballast water and 
may be used in addition to the methods established under existing 
regulations which includes: The process for incorporating accepted 
protocols into the type-approval procedures established under existing 
regulations; the acceptance of laboratories to evaluate applicable 
treatment technologies; and the certification of BWMS that render 
nonviable organisms in ballast water. This notice solicits public 
comments on the draft policy letter that is entitled TYPE APROVAL 
METHODS FOR BALLAST WATER MANAGEMENT SYSTEMS THAT RENDER NONVIABLE 
ORGANISMS IN BALLAST WATER, hereinafter referred to in this notice as 
the ``draft policy letter.''

DATES: Comments must reach the United States Coast Guard (USCG) by 
September 30, 2019.

ADDRESSES: To view the draft policy letter, as well as documents 
mentioned in this notice, go to http://www.regulations.gov, type 
``USCG-2019-0477'', and click ``Search.'' Then click the ``Open Docket 
Folder.''

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Reudelhuber, Environmental 
Standards Division, 202-372-1432.

SUPPLEMENTARY INFORMATION:

I. Abbreviations

BWMS Ballast Water Management System
CATEX Categorical Exclusion
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NEPA National Environmental Policy Act
U.S.C. United States Code
USCG U. S. Coast Guard
VIDA Vessel Incident Discharge Act of 2018

II. Public Participation and Request for Comments

    We encourage you to submit comments on the draft policy letter 
which is available in the docket. The draft policy letter is also 
available on the USCG website: http://www.dco.uscg.mil/OES/Viability-Policy-Letter/. We accept anonymous comments. All comments received 
will be posted without change to http://www.regulations.gov and will 
include any personal information you have provided. For more about 
privacy and the docket, visit http://www.regulations.gov/privacyNotice.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If you cannot submit your 
material by using https://www.regulations.gov, contact the person in 
the FOR FURTHER INFORMATION CONTACT section for alternate instructions. 
Documents mentioned in this notice, and all public comments, will be 
available in our online docket at https://www.regulations.gov, and can 
be viewed by following that website's instructions. Additionally, if 
you visit the online docket and sign up for email alerts, you will be 
notified when comments are posted or if a final rule is published.

III. Background

    The Vessel Incident Discharge Act of 2018 (VIDA) found at Title IX 
of the Frank LoBiondo Coast Guard Authorization Act of 2018, Public Law 
115-282, amended Section 312(p) of the Federal Water Pollution Control 
Act (33 U.S.C.1322). Pursuant to VIDA, the Coast Guard \1\ is required 
to publish for review and comment a draft policy letter, based on the 
best available science, describing type-approval testing methods and 
protocols for BWMS, if any, that--
---------------------------------------------------------------------------

    \1\ In DHS delegation 0170.1, the Commandant of the Coast Guard 
was delegated the authority to carry out the functions in section 
312 of the Federal Water Pollution Control Act (33 U.S.C. 1321 et 
seq.) as amended by the Oil Pollution Act of 1990.
---------------------------------------------------------------------------

    (I) Render nonviable organisms in ballast water; and
    (II) May be used in addition to the methods established under 
subpart 162.060 of Title 46, Code of Federal Regulations (or successor 
regulations)--
    (aa) To measure the concentration of organisms in ballast water 
that are capable of reproduction;
    (bb) To certify the performance of each BWMS under this subsection; 
and
    (cc) To certify laboratories to evaluate applicable treatment 
technologies.

IV. Environmental Aspect and Impact Considerations

    a. The development of this draft policy letter and the general 
policies contained within it have been thoroughly reviewed by the 
originating office in conjunction with the Office of Environmental 
Management, Commandant (CG-47). This draft policy letter is 
categorically excluded under current Department of Homeland Security 
(DHS) categorical exclusion (CATEX) A3 from further environmental 
analysis in accordance with the U.S. Coast Guard Environmental Planning 
Policy, COMDTINST 5090.1 and the Environmental Planning (EP) 
Implementing Procedures (IP).
    b. This draft policy letter will not have any of the following: 
Significant cumulative impacts on the human environment; substantial 
controversy or substantial change to existing environmental conditions; 
or inconsistencies with any Federal, State, or local laws or 
administrative determinations relating to the environment. All future 
specific actions resulting from the general policy in this draft policy 
letter must be individually evaluated for compliance with the National 
Environmental Policy Act (NEPA) and Environmental Effects Abroad of 
Major Federal Actions, Executive Order 12114, Department of Homeland 
Security (DHS) NEPA policy, Coast Guard Environmental Planning Policy, 
and compliance with all other applicable environmental mandates.

V. Paperwork Reduction Act

    Before issuing a final policy letter, the Coast Guard will 
determine if the final policy calls for a new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501.

VI. Public Availability of the Draft Policy Letter

    The Coast Guard developed this draft policy letter in coordination 
with the EPA pursuant to 33 U.S.C. 1322(p)(6)(D)(ii). The draft policy 
letter may be amended by the USCG, in coordination with the EPA, based 
upon public comment on this Federal Register notice.

    Dated: July 26, 2019.
Sean. T. Brady,
Captain, Environmental Standards Division.
[FR Doc. 2019-16305 Filed 7-30-19; 8:45 am]
BILLING CODE 9110-04-P