[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Notices]
[Pages 67646-67651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18597]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2024-0501]


Consideration for Acceptance of One or More Viability Testing 
Methods for Type Approval of Ballast Water Management Systems

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent to prepare a Programmatic Environmental Impact 
Statement; notice of virtual scoping meetings; and request for 
comments.

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SUMMARY: The Coast Guard, as the lead agency, announces its intent to 
prepare the Viability Testing Method Consideration for Acceptance 
Programmatic Environmental Impact Statement. Through this document, we 
will evaluate the potential environmental impact of the Coast Guard's 
Proposed Action to use the best available science to evaluate one or 
more viability testing methods submitted for consideration. Through 
this document, we will also evaluate, and potentially accept, methods 
that demonstrate that ballast water discharge meets U.S. ballast water 
discharge performance standards currently under development by the 
Environmental Protection Agency.

DATES: Comments must be submitted orally at one of the public meetings 
or in writing the online docket via https://www.regulations.gov on or 
before October 7, 2024. Virtual public meetings regarding this notice 
of intent will be held Thursday, September 5, 2024, at 12 p.m. EST, 
Tuesday, September 10, 2024 at 4 p.m. EST, and Wednesday, September 11, 
2024 at 7 p.m. EST.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0501 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Commander Andrew Murphy, Coast Guard; telephone 202-372-
1430; email [email protected].

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material on 
preliminary alternatives to help the Coast Guard identify reasonable 
alternatives. We will consider all submissions and may adjust our final 
action based on your comments. If you submit a comment, please include 
the docket number for this notice, indicate the specific item of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at http://www.regulations.gov. To do 
so, go to https://www.regulations.gov, type USCG-2024-0501 in the 
search box and click ``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 http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Viewing material in docket. Public comments will be placed in our 
online docket and can be viewed by following instructions on the 
https://www.regulations.gov Frequently Asked Questions web page. We 
review all comments received, but we may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
in response to this document, see DHS's eRulemaking System of Records 
notice (85 FR 14226, March 11, 2020).

Public Meeting

    We plan to hold three virtual public scoping meetings to solicit 
feedback. At these meetings, the Coast Guard will present an overview 
of the Proposed Action and the environmental review process, followed 
by a period of listening to oral comments from the public. The Coast 
Guard will record all oral comments and respond to them in the Draft 
PEIS. The public meetings will be held virtually in Microsoft Teams at 
the following dates below. The public meetings can be accessed by 
either Microsoft Teams or by telephone.

Thursday, September 5, 2024
12:00 p.m. EST (4:00 p.m. UTC)
Meeting Link: https://tinyurl.com/CGVIDAVT1
Meeting ID: 242 571 871 890
Passcode: DD7bEW
Phone-in: +1 202-660-1181
Phone conference ID: 925 558 1#

Tuesday, September 10, 2024

[[Page 67647]]

4:00 p.m. EST (8:00 p.m. UTC)
Meeting Link: https://tinyurl.com/CGVIDAVT2
Meeting ID: 294 512 529 402
Passcode: 8wzmy4
Phone-in: +1 202-660-1181
Phone conference ID: 567 920 777#

Wednesday, September 11, 2024
7:00 p.m. EST (11:00 p.m. UTC)
Meeting Link: https://tinyurl.com/CGVIDAVT3
Meeting ID: 265 269 415 521
Passcode: jhEUSk
Phone-in: +1 202-660-1181
Phone conference ID: 125 105 712#

    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact the person named in the FOR FURTHER INFORMATION CONTACT 
section, above.

Abbreviations

ANS Aquatic nuisance species
ATP Adenosine triphosphate
BWMS Ballast Water Management System
CDNA Complementary DNA
CEQ Council on Environmental Quality
CMFDA 5-chloromethylfluorescein diacetate
CFR Code of Federal Regulations
DHS Department of Homeland Security
EIS Environmental Impact Statement
EPA Environmental Protection Agency
ETV Environmental Technology Verification
FDA Fluorescein diacetate
IMO International Maritime Organization
[micro]m Micrometer
MPN Most probable number
NEPA National Environmental Policy Act
NOI Notice of Intent
PCR Polymerase chain reaction
PEIS Programmatic Environmental Impact Statement
qPCR Quantitative polymerase chain reaction
SDC-MPN Serial dilution culture most probable number
U.S.C. United States Code
USEPA United States Environmental Protection Agency
VIDA Vessel Incidental Discharge Act

Background

    Currently, Coast Guard type approval is granted for ballast water 
management systems (BWMSs) that meet the live/dead standard under 
protocols described in title 46 of the Code of Federal Regulations 
(CFR) and the Environmental Protection Agency's (EPA's) Environmental 
Technology Verification (ETV) Program (EPA 2010), which include the use 
of cell tracing stains (such as fluorescein diacetate or (FDA) 5-
chloromethylfluorescein diacetate (CMFDA), and do not include the use 
of viability tests. The Vessel Incidental Discharge Act (VIDA) of 2018 
\1\ allows the Coast Guard to consider the use of viability tests for 
the type approval of BWMS and directs the Coast Guard to not consider 
methods for viability that rely on staining to measure the 
concentrations of organisms that are between (or equivalent to) 10 and 
50 micrometers ([micro]m).
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    \1\ 132 Stat. 4192, Public Law 115-282, Dec. 4, 2018. See Sec. 
903, Standards for Discharges Incidental to Normal Operation of 
Vessels.
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    This Notice of Intent (NOI) is intended to solicit feedback on the 
scope of the Programmatic Environmental Impact Statement (PEIS). The 
Coast Guard intends to host three virtual scoping meetings to provide 
additional information to the public and to solicit input on potential 
issues, concerns, and reasonable alternatives that should be considered 
in the PEIS.

Discussion

    Congress, through enacting VIDA required the Coast Guard to 
consider adding ``viability'' of organisms as a way of testing 
compliance with ballast water discharge standards.
    Ballast water is taken on by a vessel to increase the draft, change 
the trim, regulate the stability, or maintain stress loads within 
acceptable operational limits. Introduction of nonindigenous invasive 
species, also known as aquatic nuisance species (ANS), through ballast 
water discharge is a global concern. Ballast water discharge may 
contain water-borne organisms taken up at the last (or several recent) 
ballasting locations as well as water-borne organisms (especially eggs 
or larvae) that were produced by adult individuals in the ballast tank. 
Viable organisms that are discharged and become established in waters 
outside their native range may have adverse effects on native species 
and ecosystems, infrastructure, human health, socioeconomics, and other 
resources. Current regulation of ballast water (EPA's ETV protocol; \2\ 
USCG's 33 CFR part 151 subparts C and D) uses a live/dead metric to 
measure the concentration of living organisms in ballast water after 
treatment by a BWMS.
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    \2\ Generic Protocol for the Verification of Ballast Water 
Treatment Technology, available in this docket.
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    VIDA defines a BWMS as rendering organisms ``nonviable'' if the 
organisms are ``permanently incapable of reproduction following 
treatment.'' (VIDA 2018, Clean Water Act section 312(p)(1)(U)). By 
adding ``viability'' of organisms as a way of testing compliance with 
ballast water discharge standards, this change broadened how compliance 
with ballast water discharge standards can be measured. In addition to 
counting whether organisms in ballast water discharge are alive, VIDA 
allows the possibility for a BWMS to meet EPA's ballast water standard 
by not counting organisms that are still alive but not reproductively 
viable.
    The definitions in Title 33 of the United States Code section 1322 
(33 U.S.C. 1322) of ``live'' and ``living'' as applied to current Coast 
Guard BWMS regulations do not address the instance of organisms that 
are alive but incapable of reproducing; thus, reproductively nonviable 
organisms count the same as viable living organisms. VIDA allows the 
Coast Guard to consider type approving BWMS that meet the standard by 
counting organisms that are alive but permanently nonviable the same as 
dead organisms, and in doing so to accept one or more viability test 
methods for use in type approving BWMS. EPA's final rule setting 
performance standards for ballast water has not been published yet \3\, 
but VIDA stipulates that the Coast Guard consider viability as applied 
to the Coast Guard's current ballast water standard as well as EPA's 
future ballast water standard under VIDA.\4\
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    \3\ EPA's VIDA SNPRM was published October 18, 2023, 88 FR 
71788. Federal Register: Vessel Incidental Discharge National 
Standards of Performance.
    \4\ See Sec. 903 of VIDA (https://www.govinfo.gov/content/pkg/PLAW-115publ282/pdf/PLAW-115publ282.pdf) at 132 Stat. 4338.
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    The Coast Guard has determined that a PEIS is appropriate due to 
the wide geographic applicability, the various elements of uncertainty, 
and the potential for significant impacts of the Proposed Action. As 
such, we encourage you to comment upon the Proposed Action as a whole 
and provide information specifically on these four aspects: (1) the 
geographic areas that should be focused upon; (2) the uncertainties 
within the known viability test methods; (3) the ways to evaluate 
viability test methods; and (4) any viability test methods themselves 
that we may not have considered.
    The Coast Guard's Proposed Action would have the potential to 
affect all navigable waters of the United States, including marine, 
estuarine, and freshwater environments. The scope of this action would 
include navigable waterways of the United States where discharge of 
ballast water is allowed, and waterways and adjacent areas that could 
be affected by such discharge. The following areas of uncertainty have 
been identified to date:
     No independently validated viability testing method exists 
that can accurately and precisely document the

[[Page 67648]]

concentration of viable organisms in ballast water discharged under 
typical operational conditions throughout the Action Area;
     Innumerable organisms in ballast water discharge have not 
been identified or cultured in laboratories; and
     No BWMS has been proven to render all ANS discharged in 
ballast water as permanently nonviable.
    Currently, no specific viability test method has been submitted to 
Coast Guard for evaluation; therefore, this PEIS will analyze the 
impacts of a reasonable range of potential viability testing methods 
that may be submitted for Coast Guard review, based upon testing 
methods gathered from the applicable scientific literature.
    The PEIS is intended to be broad enough to represent the range of 
viability testing methods known to the Coast Guard at this time or 
likely to be submitted for Coast Guard review and acceptance. If a 
testing method that is not covered in the PEIS is submitted to the 
Coast Guard later, the Coast Guard may determine that additional 
National Environmental Policy Act (NEPA) analysis is warranted.
    This NOI briefly summarizes the purpose and need for the Proposed 
Action, the Proposed Action itself, and the No Action Alternative. As 
required by NEPA and its implementing regulations (40 CFR 1502.3), a 
Federal agency must prepare an EIS if it is proposing a major Federal 
action with the potential for significant impacts. The NEPA process is 
designed to identify and consider reasonably foreseeable environmental 
effects of the proposed action and all reasonable alternatives, 
including the Proposed Action, and to receive public input on that 
analysis to inform the agency's decision.

Purpose and Need for the Proposed Action

    The Coast Guard's Proposed Action is to potentially accept one or 
more viability testing method submitted to the Coast Guard. Using best 
available science, the Coast Guard would evaluate each proposed method 
and accept methods (if any) that can demonstrate that ballast water 
discharge treated by a U.S. type approved BWMS meets applicable U.S. 
ballast water discharge performance standards for viable organisms.
    To evaluate each submitted viability testing method, the Coast 
Guard would accept or reject a submitted Viability Testing Method based 
upon best available science, as described in the Final Policy Letter, 
Type-Approval Testing Protocols for Ballast Water Management Systems 
That Render Organisms in Ballast Water Nonviable (87 FR 16641, March 
24, 2022).\5\ In order to be accepted, a viability testing method would 
have to accurately quantify the concentration of viable organisms in a 
targeted size class remaining after the BWMS had either removed, 
killed, or rendered permanently nonviable other organisms in the 
ballast water discharge. The ultimate purpose of an accepted viability 
testing method is to reduce the probability that populations of ANS 
released in ballast water discharge become established in U.S. waters.
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    \5\ The final policy letter was effective February 28, 2022. A 
draft policy letter and request for comments were published on July 
31, 2019 (84 FR 37330). The final policy letter is available in the 
docket.
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Proposed Action and Alternative

    The Coast Guard has identified a Proposed Action and a No Action 
Alternative. Under the Proposed Action, Coast Guard would consider, 
evaluate, and accept one or more viability testing methods submitted by 
a third party for use in type approval of one or more ballast water 
management systems. If a viability test method is accepted and used to 
type approve one or more ballast water management systems, living 
organisms that are deemed ``permanently nonviable'' would not count in 
measuring living organisms that are allowed to be discharged.
    Typically, the No Action Alternative assumes that current 
conditions (without the Proposed Action) would be maintained. However, 
VIDA stipulates that existing EPA and Coast Guard ballast water 
regulations will remain in effect only until the EPA establishes new 
performance standards and the Coast Guard develops implementing 
regulations, which must occur as soon as practicable, but not later 
than 2 years of EPA's final rule.
    Under the No Action Alternative, the Coast Guard would consider, 
evaluate, but not accept, any viability testing method, and thus the 
Coast Guard would continue to use the live/dead method of measuring 
compliance with the standard for type approval of BWMS.
    In the case of accepting a viability test method, a ballast water 
discharge sample containing 30 individuals per mL (in the 10-50 
micrometer ([micro]m) size class) would be deemed compliant with the 10 
individuals/mL discharge performance standard if 20 of the 30 
individuals were deemed ``permanently nonviable.'' In this example, any 
uncertainty associated with the identification of an individual as 
``permanently nonviable'' represents a potential exceedance of the 
standard. The U.S. Coast Guard currently uses the 3 methods described 
in EPA's ETV Protocol for US type approval of BWMS. One of these 
methods uses staining, and while that would still be used for live/dead 
test methods, staining would not be allowed under VIDA for viability 
test methods.
    Culture methods used to measure viability in the three regulated 
bacteria would continue: United States Environmental Protection Agency 
(USEPA) Method 1603 for E. coli; modified version of USEPA Method 
1106.1 for Enterococcus spp.; and a DNA colony blot hybridization 
method for V. cholera.
    Under the No Action Alternative, living organisms in the 10-50 
[micro]m size class would continue to be detected using manual 
epifluorescence microscopy and staining; unstained but motile organisms 
would be counted as live. This test does not measure reproductive 
viability; all living organisms are presumed viable.
    Under current testing methods for heterotrophic organisms greater 
than or equal to 50 [micro]m, organisms are determined to be living 
based on motility analysis under magnification (at least 10 seconds 
observation, with prodding by the observer if necessary). All organisms 
classified as living would be assumed viable. Note that this test does 
not measure actual reproductive viability.

Proposed Action

    VIDA explicitly requires that the Coast Guard ``take into 
consideration a testing method that uses organism grow-out and MPN 
statistical analysis to determine the concentration of organisms in 
ballast water that are capable of reproduction'' \6\ and prohibits 
consideration of viability testing methods that rely on staining 
methods to measure the concentration of organisms in the 10-50 [micro]m 
size class. Any accepted method will be used in land-based or shipboard 
testing (or both), so the method must be appropriate for type approval 
tests.
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    \6\ 132 Stat. 4338, Public Law 115-282, Dec. 4, 2018. See Sec. 
903, Standards for Discharges Incidental to Normal Operation of 
Vessels.
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    Under the Proposed Action, the Coast Guard would use a Decision 
Framework to determine whether a proposed viability testing method were 
acceptable to use in type approving a BWMS. The Decision Framework was 
designed to meet the directive in VIDA that Coast Guard use best 
available science (BAS) to evaluate and accept any viability

[[Page 67649]]

testing methods that can measure concentrations of organisms rendered 
permanently incapable of reproduction by the operation of a BWMS. All 
available information, if relevant to the intended output of a 
complete, standardized viability testing method to support BWMS type 
approval, will be assessed pursuant to the Coast Guard Decision 
Framework.
    Table 2 lists viability testing methods that the Coast Guard is 
aware of from peer-reviewed published literature, International 
Maritime Organization (IMO) documents, public notices prepared by 
proponents or developers, or other indicators of potential use in 
measuring concentrations of viable organisms in ballast water 
discharge. For instance, several methods developed for or used in 
monitoring pathogens in drinking water have features that may make them 
suitable (with or without modification) for measuring viability of 
organisms in ballast water discharge.
    Viability testing methods to be evaluated in this PEIS represent 
three stages of research and development for use in testing treated 
ballast water against U.S. or IMO D-2 standards: \7\
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    \7\ IMO (2004) International convention for the control and 
management of ships' ballast water and sediments. International 
Maritime Organization, London.
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    1. Currently in use by Coast Guard or IMO;
    2. Suggested in the peer-reviewed literature as potentially 
suitable; or
    3. Under active research and development, with early results 
suggesting potential utility.

 Table 1--Potential Viability Testing Methods for Coast Guard Evaluation
------------------------------------------------------------------------
      Viability test method        Target organisms    Brief description
------------------------------------------------------------------------
Serial dilution culture most      10-50 [micro]m      SDC-MPN is a
 probable number (SDC-MPN) assay   size class          growth-based
 \1\.                              (Autotrophs).       method that
                                                       relies on the use
                                                       of serial
                                                       dilutions to
                                                       track population
                                                       growth over time,
                                                       particularly in
                                                       organisms with
                                                       defined growth
                                                       characteristics,
                                                       like microalgae.
                                                       The MPN culturing
                                                       technique for
                                                       protists was
                                                       adapted from food
                                                       microbiology
                                                       laboratories for
                                                       use in evaluating
                                                       phytoplankton
                                                       communities. It
                                                       uses a 14-day
                                                       grow-out period
                                                       to quantify
                                                       reproductively
                                                       viable
                                                       phytoplankton.
Most Probable Number Dilution     10-50 [micro]m      The Heterotroph
 Culture + Motility \1\.           size                Method uses
                                   (Heterotrophs).     epifluorescence
                                                       microscopy to
                                                       identify and
                                                       exclude from
                                                       enumeration
                                                       organisms that
                                                       display the red
                                                       fluorescence of
                                                       chlorophyll, a
                                                       diagnostic of
                                                       photosynthetic
                                                       autotrophs. The
                                                       remaining
                                                       organisms--those
                                                       without
                                                       detectable
                                                       chlorophyll--are
                                                       defined as
                                                       heterotrophs.
                                                       Heterotrophs that
                                                       are observed to
                                                       move are
                                                       classified as
                                                       living.
Microscopy \2\ (Standard,         10-50 [micro]m and  Direct observation
 Epifluorescence, Variable         greater than or     of ballast water
 fluorescence, Chlorophyll a       equal to 50         samples under
 fluorescence, Raman               [micro]m size       magnification
 spectroscopy, Confocal Raman      classes.            using stereo or
 spectroscopy with near infrared                       compound
 excitation).                                          microscopes.
                                                       Specific types of
                                                       microscopies use
                                                       various light
                                                       sources and
                                                       sensors to
                                                       enhance detection
                                                       of cells and cell
                                                       processes.
                                                       Several
                                                       indicative tests
                                                       using variable
                                                       fluorescence are
                                                       commercially
                                                       available.
Motility and fluorescence assay   10-50 [micro]m and  Automated system
 \3\.                              greater than or     that counts
                                   equal to 50         motile and
                                   [micro]m size       fluorescent
                                   classes.            organisms;
                                                       indicative tests
                                                       are available and
                                                       under
                                                       development.
Adenosine triphosphate (ATP)      10-50 [micro]m      1st Generation
 assay \3\.                        size class.         methods measure
                                                       active ATP in the
                                                       presence of
                                                       luciferase
                                                       enzyme. 2nd
                                                       Generation ATP
                                                       test method
                                                       measures all
                                                       living bacteria,
                                                       culturable and
                                                       non-culturable as
                                                       well as
                                                       autotrophs and
                                                       heterotrophs. ATP
                                                       assays are
                                                       commercially
                                                       available for
                                                       indicative
                                                       shipboard
                                                       commissioning
                                                       testing using the
                                                       IMO D-2 standard.

[[Page 67650]]

 
Polymerase chain reaction (PCR)   ..................  Several kinds of
 \3\.                                                  molecular methods
                                                       based on PCR are
                                                       used to detect
                                                       live cells,
                                                       including a
                                                       molecular
                                                       activity test and
                                                       viability PCR,
                                                       Messenger
                                                       ribonucleic acid
                                                       (mRNA) is a type
                                                       of single-
                                                       stranded RNA
                                                       involved in
                                                       protein
                                                       synthesis.
                                                       Because mRNA is
                                                       synthesized by
                                                       living cells
                                                       during the
                                                       process of
                                                       transcription,
                                                       the MVT measures
                                                       changes in
                                                       concentration of
                                                       mRNA as an
                                                       indicator of the
                                                       cell's vitality.
                                                      Reverse
                                                       transcription PCR
                                                       allows the use of
                                                       RNA as a template
                                                       to generate
                                                       complementary
                                                       deoxyribonucleic
                                                       acid (cDNA).
                                                       Using the reverse
                                                       transcriptase
                                                       enzyme, a single-
                                                       stranded copy of
                                                       cDNA is
                                                       generated. This
                                                       can then be
                                                       amplified by a
                                                       DNA polymerase,
                                                       generating double-
                                                       stranded cDNA,
                                                       feeding into a
                                                       standard PCR-
                                                       based
                                                       amplification
                                                       process.
                                                      Quantitative PCR
                                                       (qPCR) is used to
                                                       detect unwanted
                                                       microbes (e.g.,
                                                       pathogens) and to
                                                       identify DNA
                                                       sequences used to
                                                       classify the
                                                       organisms in real
                                                       time; qPCR
                                                       methods generally
                                                       use a fluorescent
                                                       probe to quantify
                                                       the DNA.
mRNA \3\........................  bacteria (less      Viable bacteria
                                   than 10 [micro]m    can be identified
                                   size class) and.    through mRNA,
                                                       which exists only
                                                       in molecularly
                                                       active organisms.
                                                       This tool is used
                                                       in conjunction
                                                       with reverse
                                                       transcriptase PCR
                                                       to reduce the
                                                       time required to
                                                       culture bacteria
                                                       in food products.
mRNA \3\........................  10-50 [micro]m and  In principle, an
                                   greater than or     mRNA primer can
                                   equal to 50         be created for
                                   [micro]m size       any organism for
                                   classes.            which adequate
                                                       genetic
                                                       Information is
                                                       available,
                                                       including
                                                       chordates such as
                                                       tunicates.
------------------------------------------------------------------------
Notes:
\1\ Test may be used for IMO type approval of all BWMS technologies
  (BWM.2/Circ.61/Rev.1 Annex).
\2\ Various types of microscopies are currently used to identify living
  organisms in these size classes; reproductive viability cannot be
  determined through microscopy alone.
\3\ Theoretically suitable for viability testing method; research and
  development are ongoing.

Summary of Expected Impacts

    NEPA requires the identification and evaluation of impacts to the 
human environment that are reasonably foreseeable because of the 
agency's Proposed Action. The analysis of potential impacts is based on 
potential changes in the concentrations of living ANS released in 
ballast water discharge in U.S. waters. Impacts of the Proposed Action 
would be manifested through the acceptance of a viability testing 
method and its use by the Coast Guard to type approve BWMS, and then 
the subsequent discharge from those BWMS into the Action Area.
    The extent to which potential impacts would affect a given resource 
in a specific part of the Action Area would be influenced by complex 
interrelated variables independent of the Proposed Action. For example, 
impacts of ANS to U.S. ecosystems would be determined by the specific 
viable organisms released in specific locations under specific 
conditions that favor population establishment and growth; all these 
variables are dynamic and cannot be predicted quantitatively. 
Nevertheless, the Coast Guard can assign relative probabilities of 
occurrence of various impacts to resources in selected locations in the 
Action Area. Assumptions based on historical and current data on 
ballast water discharge volumes and locations, presence of ANS in 
ballast tanks under various conditions, known physiological responses 
of organisms to common BWMS, types of chemicals released in ballast 
water discharge, and other factors relevant to each resource will be 
considered in the PEIS.
    The potential impacts of the Proposed Action could occur throughout 
the Action Area. The set of human and natural resources potentially 
affected by the Proposed Action is known as the affected environment. 
Resources that have some reasonably foreseeable chance of being 
affected by the Proposed Action somewhere in the Action Area, that may 
include ecosystems, socioeconomic factors, essential fish habitat, and 
managed species, Endangered Species Act-listed species, marine 
protected areas, water quality, air quality, cultural resources, 
migratory birds, human health, and the Coastal Zone Management Act.

Anticipated Permits and Authorizations

    The Coast Guard will comply with all applicable Federal, State, and 
local laws. This includes, but is not limited to, the following:

 The Coastal Zone Management Act (16 U.S.C. 1451 et seq.)
 The Marine Mammal Protection Act (16 U.S.C 1361 et seq.)
 The Endangered Species Act (16 U.S.C. 1531 et seq.)
 Clean Water Act (33 U.S.C. 1251, et seq.)
 The National Historic Preservation Act (16 U.S.C. 470, et 
seq.)
 Clean Air Act (42 U.S.C. 7401, et seq.)

    In addition, Coast Guard will complete Consultation with all 
affected Federally Recognized Tribes on a Government-to-Government 
basis in accordance with Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments).

Schedule for the Decision-Making Process

    Following the scoping period announced in this NOI, and after 
consideration of all comments received during the 45-day scoping 
period, the

[[Page 67651]]

Coast Guard will prepare a draft PEIS for the Proposed Action to accept 
one or more viability testing methods for use in type approval of 
BWMSs. Once the draft PEIS is completed, it will be made available for 
a 45-day public review and comment period.
    The Coast Guard will announce the availability of the draft PEIS in 
the Federal Register and other media outlets. The Coast Guard expects 
the draft PEIS will be available for public review and comment in 2024. 
In meeting the Council on Environmental Quality (CEQ) regulations 
generally requiring EISs to be completed within 2 years, the Coast 
Guard anticipates the final PEIS would be available in 2026. The final 
PEIS will respond to all comments received on the draft PEIS within the 
draft PEIS comment period. And we will publish a notice of availability 
in the Federal Register when we issue the PEIS. Should new information 
become available after the completion of the draft or final PEIS, 
supplemental NEPA documentation may be prepared in support of new 
information or changes in the Proposed Action considered under the 
PEIS.

Public Scoping Process

    This NOI initiates the scoping process, which guides development of 
the PEIS. The Coast Guard is seeking comments on the reasonably 
foreseeable environmental impacts that may result from the Proposed 
Action, accepting one or more viability test methods that would 
ultimately be used for type approval of BWMS. The Coast Guard is also 
seeking input on relevant information, studies, or analyses of any kind 
concerning impacts potentially affecting the quality of human health or 
the environment because of the Proposed Action and alternatives.
    NEPA requires Federal agencies to consider environmental impacts 
that may result from a Proposed Action, to inform the public of 
potential impacts and alternatives, and to facilitate public 
involvement in the assessment process. The PEIS will include, among 
other topics, discussions of the purpose and need for the Proposed 
Action, a description of alternatives, a description of the affected 
environment, and an evaluation of the environmental impact of the 
Proposed Action and alternatives.
    The Coast Guard intends to follow the CEQ regulations (40 CFR 1500 
et. seq.), Department of Homeland Security (DHS) Directive Number 023-
01, Rev. 01, and Instruction 023-001-01, Rev. 01; and Coast Guard 
Commandant Instruction (COMDTINST) 5090.1, U.S. Coast Guard 
Environmental Planning Policy, by scoping through public comments. 
Scoping, which is integral to the process for implementing NEPA, 
provides a process to ensure that (1) issues are identified early and 
properly studied; (2) issues of little significance do not consume 
substantial time and effort; (3) the draft PEIS is thorough and 
balanced; and (4) delays caused by an inadequate PEIS are avoided.
    Scope consists of the range and breadth of actions, alternatives, 
and effects to considered in an environmental impact statement or 
environmental assessment. The scoping process begins with publication 
of this NOI. The Coast Guard seeks to do the following during the 
scoping process:
     Invite the participation of Federal, State, and local 
agencies, any affected Federally Recognized Tribes, and other 
interested persons;
     Consult with affected Federally Recognized Tribes on a 
Government-to-Government basis in accordance with Executive Order 13175 
and other policies. Concerns of Federally Recognized Tribes, including 
potential impacts on Treaty rights, Indian trust assets, and cultural 
resources, will be given appropriate consideration;
     Determine the scope and the issues to be analyzed in depth 
in the PEIS;
     Identify any related environmental assessments or 
environmental impact statements that are not part of the PEIS; and,
     Identify other relevant environmental review and 
consultation requirements, such as CZMA consistency evaluations, and 
threatened and endangered species and habitat impacts.
    In accordance with the U.S. Coast Guard Environmental Planning 
Procedures,\8\ the Coast Guard will reach out to relevant agencies with 
jurisdiction by law or special expertise with respect to environmental 
issues in the project area.
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    \8\ Environmental Planning COMDTINST 5090.1 (series).
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    Pursuant to the CEQ regulations, Coast Guard invites public 
participation in the NEPA process. This NOI requests public 
participation in the scoping process, establishes a public comment 
period, and provides information on how to participate.
    The public will be provided with an opportunity to review and 
comment on the draft PEIS. Comments received during the draft PEIS 
review period will be available in the public docket (where indicated 
under the Public Participation and Request for Comments portion of this 
notice) and made available in the final PEIS.
    The 45-day public scoping period begins August 21, 2024 and ends 
October 7, 2024. Comments and related material submitted to the online 
docket via https://www.regulations.gov/ must be received by the Coast 
Guard on or before October 7, 2024. Comments may also be provided at 
one of the public meetings referenced in the Public Participation and 
Request for Comments portion of the SUPPLEMENTARY INFORMATION section 
of this notice.
    We request your comments on environmental concerns that you may 
have related to the PEIS. This includes suggesting analyses and 
methodologies for use in the PEIS or possible sources of data or 
information not included in the draft PEIS. Your comments will be 
considered in preparing the final PEIS.
    This notice is issued under authority of 42 U.S.C. 4332.

    Dated: August 6, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2024-18597 Filed 8-20-24; 8:45 am]
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