+----------------------------+------------------------------------------+
| > **Steve                  | +---+---------------------------------+  |
| > Sweeney/DC/USEPA/US**    | | T | > Robert                        |  |
| >                          | | o | > Johnston/DC/USEPA/US@EPA      |  |
| > 02/08/2008 09:49 AM      | +---+---------------------------------+  |
|                            | | c | > Benjamin                      |  |
|                            | | c | > Grumbles/DC/USEPA/US@EPA,     |  |
|                            | |   | > Gloria Posey/DC/USEPA/US@EPA, |  |
|                            | |   | > Johnson.Laura-S@epa.gov,      |  |
|                            | |   | > Kim.Elizabeth@epa.gov,        |  |
|                            | |   | > kuray.marilyn@epa.gov,        |  |
|                            | |   | > Freedman.Joseph@epa.gov,      |  |
|                            | |   | > Kevin Minoli/DC/USEPA/US@EPA, |  |
|                            | |   | > Peter                         |  |
|                            | |   | > Wendolkowski/DC/USEPA/US@EPA  |  |
|                            | +---+---------------------------------+  |
|                            | | S | > Office of Water request to    |  |
|                            | | u | > continue to receive public    |  |
|                            | | b | > comments into the electronic  |  |
|                            | | j | > docket on the Draft Cruise    |  |
|                            | | e | > Ship Discharge Assessment     |  |
|                            | | c | > Report                        |  |
|                            | | t |                                 |  |
|                            | +---+---------------------------------+  |
|                            |                                          |
|                            |   ----- -------------------------------  |
|                            |                                          |
|                            |                                          |
|                            |   ----- -------------------------------  |
+----------------------------+------------------------------------------+

Mr. Johnston,

I am writing at the request of the staff in the Office of Water in their
efforts to continue to receive public comments into the EPA docket,
specifically OW-2007-1156, for a Draft Cruise Ship Assessment Report.
The Office of Water would like to continue to receive public comments on
the Report until February 19, 2008. By doing so, the public comment
period previously announced in the Federal Register would be extended
for 15 days. The 15-day extension of the public comment period would be
in response to public requests for an extension and with the approval of
the Assistant Administrator for Water.

EPA would provide public notice of the 15-day extension via the cruise
ship page on the Office of Water website, as well as actual notice to
the cruise ship mailing list maintained by the Office of Water. That
mailing list consists of approximately 400 names and email address. The
extension would not be published in the Federal Register, primarily
because of the need to promptly notify the public of this short
extension now that the previously announced public comment period has
lapsed on February 4, 2008.

As a legal matter, EPA is not required to publish notice in the Federal
Register in order to continue to receive public comments for an
additional 15 days (beyond the previously announced close of the public
comment period). Because the action upon which the Agency would continue
to accept public comment is not a rule or regulation, but rather an
\"assessment report\" in a pre-decisional, draft form, the
Administrative Procedure Act does not require publication of such a
notice in the Federal Register. The Office of Water\'s actions to
announce the extension via actual notice to interested persons, and
public notice on the Office of Water website, is consistent with Agency
regulations urging public participation in the development of a
technical document of this sort.

Stephen Sweeney

Attorney-Advisor

Water Law Office

Office of General Counsel

U.S. Environmental Protection Agency

Washington, DC 20460

\(202\) 564-5491