; and (ii) meets the requirements of subpart 162.060 of title 46, Code of Federal Regulations, other than the requirements related to staining methods or measuring the concentration of living organisms; and (B) such laboratory uses a type approval testing method described in a final policy letter published under paragraph (2). (2) Type approval testing methods (A) Draft policy Not later than 60 days after the date of enactment of this Act, the Secretary shall publish a draft policy letter describing type approval testing methods capable of measuring the concentration of organisms in ballast water that are capable of reproduction. (B) Public comment The Secretary shall provide for a period of not more than 60 days for the public to comment on the draft policy letter published under paragraph (1). (C) Final policy Not later than 150 days after the date of enactment of this Act, the Secretary shall publish a final policy letter describing type approval testing methods capable of measuring the concentration of organisms in ballast water that are capable of reproduction. (D) Revisions The Secretary shall revise such policy letter as additional testing methods are determined by the Secretary to be capable of measuring the concentration of organisms in ballast water that are capable of reproduction. (E) Considerations In developing a policy letter under this paragraph, the Secretary— (i) shall consider a type approval testing method that uses organism grow out and most probable number statistical analysis to determine the concentration of organisms in ballast water that are capable of reproduction