[Federal Register Volume 89, Number 111 (Friday, June 7, 2024)]
[Proposed Rules]
[Pages 48515-48517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12572]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

[Docket No. USCG-2024-0046]


Recordkeeping and Reporting Requirements To Document 
Environmental Compliance on Certain Commercial Vessels

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Request for information.

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SUMMARY: The Coast Guard seeks information about the recordkeeping and 
reporting procedures required under the Coast Guard ballast water 
regulations issued in 2012 and 2015 and the monitoring, recordkeeping, 
and reporting required under the U.S. Environmental Protection Agency 
(EPA) 2013 Vessel General Permit (VGP). The Coast Guard plans to use 
this information to evaluate new and updated solutions that inform 
data-driven policymaking, reduce the reporting and record-keeping 
burden on industry, and confirm environmental compliance.

DATES: Comments must be received by the Coast Guard on or before July 
22, 2024.

ADDRESSES: You may submit comments using the Federal Decision-Making 
Portal at https://www.regulations.gov. See the ``Public Participation 
and Request for Comments'' portion of the SUPPLEMENTAL INFORMATION 
section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
email or phone Joseph Adamson, U.S. Coast Guard; email: [email protected], telephone: 206-836-3831.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Comments

    We encourage you to submit comments or related material responding 
to this request for information. The Coast Guard views public 
participation as essential to understanding the recordkeeping and 
reporting requirements for documenting environmental compliance. We 
consider all submissions and may adjust agency policy based on your 
feedback. If you submit a comment, please include the docket number for 
this notice (USCG-2024-0046), indicate the specific section of this 
document to which each comment applies, and provide a detailed 
description of the issues, the reasoning, and suggestion or 
recommendations for solutions.
    Methods for submitting comments. We encourage you to submit 
comments through the Federal Decision-Making Portal at 
www.regulations.gov. To do so, go to www.regulations.gov, type USCG-
2024-0046 in the search box and click

[[Page 48516]]

``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. If your material 
cannot be submitted using www.regulations.gov, contact the person in 
the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    Viewing material in the docket. Public comments will be placed in 
our online docket at www.regulations.gov and can be viewed by following 
that website's instructions, provided on its Frequently Asked Questions 
page. We review all comments received, but we will only post comments 
that address the topic of this request for information. We may choose 
not to post off-topic, inappropriate, or duplicate comments that we 
receive.
    The Coast Guard will carefully consider each comment received, but 
may not issue separate responses. The Coast Guard may also propose 
regulatory changes or update guidance related to this topic. If the 
Coast Guard were to undertake any regulatory or guidance changes as a 
result of comments received, those changes would be announced 
separately.
    Personal information. We accept anonymous comments. Comments we 
post to www.regulations.gov will include any personal information you 
have provided. For more about privacy and submissions to the docket in 
response to this document, see the Department of Homeland Security's 
(DHS) eRulemaking System of Records notice (85 FR 14226, March 11, 
2020).

II. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
DMR Discharge Monitoring Report
eNOI Electronic Notice of Intent
EPA Environmental Protection Agency
NBIC National Ballast Information Clearinghouse
VGP Vessel General Permit

III. Background

    On March 23, 2012, the Coast Guard published a final rule about 
vessel ballast water management, titled ``Standards for Living 
Organisms in Ships' Ballast Water Discharge in U.S. Waters'' (77 FR 
17254), which became effective on June 21, 2012. On November 24, 2015, 
the Coast Guard published a final rule amending the reporting and 
recordkeeping requirements to simplify and streamline the reporting 
process (80 FR 73105). Those amendments became effective on February 
22, 2016. These regulations, codified in 33 CFR part 151, require 
vessel owners or operators to submit reports to the National Ballast 
Information Clearinghouse (NBIC). These reports must include, among 
other information, the number of ballast water tanks, the total ballast 
water capacity, and primary port of ballast water loading and discharge 
for each voyage. The Coast Guard uses this information to understand 
ballasting patterns in the waters of the United States and evaluate the 
effectiveness of regulations and guidance. The Coast Guard also uses 
this information to ensure that ballast water is managed in accordance 
with the regulatory requirements outlined in 33 CFR 151.1510.
    On April 12, 2013, the Environmental Protection Agency (EPA) 
published its Notice of final permit issuance, titled Final National 
Pollutant Discharge Elimination System (NPDES) General Permit for 
Discharges Incidental to the Normal Operation of a Vessel (78 FR 
21938). The notice finalizes Vessel General Permit (VGP) requirements 
for certain commercial vessels that are 79 feet or longer operating 
within waters of the United States. The VGP requirements do not apply 
to fishing vessels (except for ballast water), recreational vessels as 
defined in section 502(25) of the Clean Water Act (CWA) (33 U.S.C. 
1362), or vessels of the Armed Forces as defined in CWA section 
312(a)(14) (33 U.S.C. 1322).
    The VGP requires vessel owners or operators to monitor vessel 
discharges, retain records necessary to demonstrate compliance, and 
submit an annual report to the EPA. This annual report is currently 
electronically submitted to the EPA by uploading a datasheet or 
manually completing an online form. In the report, vessel owners or 
operators must:
    1. Identify the regions of the United States where the vessel 
operated during the year;
    2. Provide details about the vessel, vessel discharges, and onboard 
pollution control devices;
    3. Provide details of required sampling and inspection; and
    4. Identify any instances of noncompliance with the permit 
requirements.
    The EPA uses this information to assess compliance with permit 
requirements. The Coast Guard also uses this information to assist EPA 
with compliance under the VGP as detailed in the February 11, 2011, 
memorandum of understanding between the Coast Guard and the EPA 
(available in the docket for this notice, see the Public Participation 
and Comments section of this preamble.).
    Electronic reporting systems have become more user-friendly, 
powerful, efficient, intelligent, and secure since the 2012 and 2015 
ballast water final rules and VGP were issued. The Coast Guard hopes to 
leverage these advances to improve the environmental compliance 
reporting processes, reduce the reporting burden, streamline 
procedures, and encourage direct entry into Federal data systems. These 
centrally housed systems facilitate consistent data analysis, policy 
development, and public transparency and access.

IV. Request for Information

    The Coast Guard seeks information, comments, and suggestions about 
the convenience, costs, time spent, content, applicability, and 
functionality of the current EPA and Coast Guard monitoring, 
recordkeeping, and reporting procedures. Questions are divided into 
four categories pertaining to the vessel's VGP annual report, including 
the Discharge Monitoring Report (DMR) required by the EPA, and the 
vessel's ballast water management reporting form (see OMB number 1625-
0069) required by the Coast Guard:
    A. General question;
    B. Information collection;
    C. Compiling data and preparing reports; and
    D. Submission of reports.
    The purpose of these questions is to obtain details on the 
resources needed to collect, document, compile, and report information, 
and to solicit comments on existing electronic reporting systems to 
identify opportunities to streamline any future Coast Guard monitoring, 
recordkeeping, and reporting activities. The questions below illustrate 
the type of information sought by the Coast Guard and are intended to 
help guide your responses.
    Please respond to as many questions as you like. We ask that you 
provide as much specificity and rationale as possible to explain your 
responses and suggestions and, in particular, whether your responses 
relate to the EPA VGP, Coast Guard ballast water management reporting 
requirements, or both.

A. General Question

    What amount of time and resources are devoted per vessel to 
monitoring, recordkeeping, compiling data, and preparing reports to 
comply with the EPA's VGP and the Coast Guard's ballast water 
management requirements? Please provide information about who collects 
this information, such as the Master, environmental compliance officer, 
or vessel operator, and the amount of time these individuals spend on 
the different elements of this activity.

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B. Information Collection by Vessel Owner or Operator for Submission to 
the Coast Guard, EPA, or Both

    (1) Do you recommend any specific improvements for completing the 
vessel's ballast water management reporting form for submission to the 
NBIC and why? Please provide details.
    (2) Based on your current experience with collecting information 
for the EPA's VGP via the Electronic Notice of Intent (eNOI) 
application, do you recommend any specific improvements to a potential 
future compliance and enforcement data system and why? Please provide 
details.

C. Compiling Data and Preparing Reports by Vessel Owner or Operator for 
Submission to the Coast Guard, EPA, or Both

    (1) Based on your current user experience with the instructions 
provided on the vessel's VGP annual report and the vessel's ballast 
water management reporting form, what improvements to a potential 
future compliance and enforcement data system do you recommend? Please 
provide details.
    (2) Based on your current user experience with completing the 
vessel's VGP annual report and the vessel's ballast water management 
reporting form, what improvements to a potential future compliance and 
enforcement data system do you recommend? Please provide details.
    (3) Are there any other types of software, in addition to using 
Microsoft Office file formats, that you use for compiling EPA's VGP 
information? Please provide details.
    (4) Does your vessel owner or operator prepare the vessel's VGP 
annual report, including DMR data, locally or is information compiled 
using other means and forwarded to a central location or separate 
office? Please provide details.
    (5) Based on your current user experience with compiling and 
preparing information for submission to either the EPA's VGP eNOI 
application or to the NBIC, are there any specific improvements to any 
potential future compliance and enforcement data system you recommend? 
Please provide details.

D. Submission of Reports by Vessel Owner or Operators to the Coast 
Guard or EPA

    (1) What improvements with submitting the vessel's ballast water 
management reporting form do you recommend? Please provide details.
    (2) Are there are any specific improvements you suggest for 
submitting information to the NBIC website? Please provide details and 
examples of what works well and data fields that could be improved for 
ease of submission.
    (3) Based on your user experience with completing and submitting 
the vessel's VGP annual report, including any DMR data, what 
recommendations do you have for any potential future compliance and 
enforcement data system? Please provide details.
    (4) Based on your user experience with the EPA's VGP eNOI system 
and the submission process (including data verification) for the annual 
report, what recommendations do you have for any potential future 
compliance and enforcement data system? Please provide details and 
examples of what works well.

    Dated: June 4, 2024.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2024-12572 Filed 6-6-24; 8:45 am]
BILLING CODE 9110-04-P