Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78141 

electronic review in the Commission’s 

Public Reference Room in Washington, 

DC. There is an eSubscription link on 

the Web site that enables subscribers to 

receive email notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please email 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Dated: November 1, 2016. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2016–26838 Filed 11–4–16; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2935–026] 

Melaver/Enterprise Mill, LLC; 

Enterprise Mill LLC; Notice of 

Application for Transfer of License and 

Soliciting Comments, Motions To 

Intervene, and Protests 

On October 12, 2016, Melaver/ 

Enterprise Mill, LLC (transferor) and 

Enterprise Mill LLC (transferee) filed an 

application for the transfer of license of 

the Enterprise Mill Project No. 2935. 

The project is located on the Augusta 

Canal of the Savannah River in 

Richmond County, Georgia. The project 

does not occupy federal lands. 

The applicants seek Commission 

approval to transfer the license for the 

Enterprise Mill Project Melaver/ 

Enterprise Mill, LLC to Enterprise Mill 

LLC. 

Applicants Contact: For transferor: 

Ms. Karen Hudspeth, Melaver/ 

Enterprise Mill, LLC, c/o Melaver, Inc., 

114 Barnard Street, Suite 1A, Savannah, 

GA 31401, phone: 912–236–0781. For 

transferee: Mr. Carlos Imery, Enterprise 

Mill LLC, 201 Alhambra Circle, Suite 

1205, Coral Gables, FL 33134, phone: 

561–212–8331. 

FERC Contact: Patricia W. Gillis, (202) 

502–8735, patricia.gillis@ferc.gov. 

Deadline for filing comments, motions 

to intervene, and protests: 30 days from 

the date that the Commission issues this 

notice. The Commission strongly 

encourages electronic filing. Please file 

comments, motions to intervene, and 

protests using the Commission’s eFiling 

system at http://www.ferc.gov/docsfiling/efiling.asp. Commenters can 

submit brief comments up to 6,000 

characters, without prior registration, 

using the eComment system at http://

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, please 

send a paper copy to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426. 

The first page of any filing should 

include docket number P–2935–026. 

Dated: November 1, 2016. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2016–26840 Filed 11–4–16; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9954–99–Region 10] 

Washington State Department of 

Ecology Prohibition of Discharges of 

Vessel Sewage; Receipt of Petition and 

Preliminary Affirmative Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice—receipt of petition and 

preliminary affirmative determination. 

SUMMARY: Notice is given that, pursuant 

Clean Water Act Section 312(f)(3), the 

Washington State Department of 

Ecology has determined that the 

protection and enhancement of the 

quality of the waters of Puget Sound 

requires greater environmental 

protection, and has petitioned the 

United States Environmental Protection 

Agency, Region 10, for a determination 

that adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for those waters, so that the 

State may completely prohibit the 

discharge from all vessels of any 

sewage, whether treated or not, into 

such waters. Washington State has 

proposed to establish a ‘‘No-Discharge 

Zone’’ (NDZ) for all marine waters of 

Washington State inward from the line 

between New Dungeness Lighthouse 

and the Discovery Island Lighthouse to 

the Canadian border, and fresh waters of 

Lake Washington, Lake Union, and 

connecting waters between and to Puget 

Sound. 

The western boundary of the NDZ 

would be the exit of the Strait of Juan 

de Fuca near the entrance of Admiralty 

Inlet. This boundary is known and 

visible to vessel operators as it is the 

line between New Dungeness 

Lighthouse and Discovery Island 

Lighthouse. The northern boundary 

would be the border with Canada and 

heading south including all marine 

waters down to the south end of the 

south Sound and Hood Canal. The fresh 

waters of Lake Washington, Union Bay, 

Montlake Cut, Portage Bay, Lake Union, 

Fremont Cut, the Lake Washington Ship 

Canal, and Salmon Bay (the connecting 

waters from Lake Washington to Puget 

Sound) would be included. For more 

information regarding the State’s 

planned NDZ, please go to http://

www.ecy.wa.gov/programs/wq/ 

nonpoint/CleanBoating/ 

nodischargezone.html. 

Today’s notice seeks public comment 

on EPA’s tentative determination that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the waters subject to 

Washington’s planned NDZ. 

DATES: Comments regarding this 

tentative determination must be 

received on or before December 7, 2016. 

ADDRESSES: Submit your comments to 

the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Joel 

Salter, Oregon Operations Office, Water 

Program Coordinator, 805 SW 

Broadway, Suite 500, Portland OR 

97205; telephone number: (503) 326– 

2653; fax number: (503) 326–3399.; 

email address: salter.joel@epa.gov, 

SUPPLEMENTARY INFORMATION: Notice is 

given that the Washington State 

Department of Ecology has petitioned 

the United States Environmental 

Protection Agency (EPA), Region 10, 

pursuant to section 312(f)(3) of the 

Clean Water Act, 33 U.S.C. 1322, for a 


sradovich on DSK3GMQ082PROD with NOTICES
78142 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 

determination that adequate facilities 

for the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for the waters of 

Puget Sound. As described in the State’s 

petition, submitted to EPA on July 21, 

2016, Ecology included in its 

application a certification that the 

protection and enhancement of the 

waters described in the petition require 

greater environmental protection than 

the applicable Federal standard along 

with pumpout facility information 

required by EPA regulations. See 40 

CFR 140.4. Ecology also submitted 

supplemental information to EPA on 

October 14, 2016, regarding commercial 

vessel pumpout availability in Puget 

Sound. EPA’s role under Section 

312(f)(3) of the Clean Water Act is to 

determine whether adequate pumpout 

facilities are reasonably available, and 

EPA is seeking comments on this 

determination only. 

Adequacy and Availability of Sewage 

Pumpout Facilities 

Guidelines issued pursuant to the 

Clean Vessel Act for recreational vessels 

recommend one pumpout station for 

every 300–600 boats [Clean Vessel Act: 

Pumpout Station and Dump Station 

Technical Guidelines, Federal Register, 

Vol. 59, No. 47, March 10, 1994]. In its 

petition, the State described the 

recreational vessel population in Puget 

Sound and the pumpout facilities and 

mobile pumpout services that are 

available for use. 

The State used two methods to 

develop a reasonable estimate of the 

recreational vessel population in Puget 

Sound. The first method was based on 

boater registration records obtained 

from the Washington State Department 

of Licensing (DOL). Using data from the 

DOL, the maximum estimated number 

of recreational vessels in each of the 

Washington State counties bordering 

Puget Sound that might require access 

to pumpout facilities or services under 

NDZ regulations (i.e., boats larger than 

21 feet) is 43,677. Vessels under 21 feet 

were not included in the estimate 

because they typically do not have an 

installed toilet. Because boater 

registration data may include a number 

of small, locally registered, commercial 

vessels such as fishing boats or tug 

boats, the total may be an overestimate. 

The second method was based on the 

number of moorages and slips available 

to boaters, using Google Earth imagery 

captured during the summers of 2011 

and 2012 to count vacant and occupied 

marina slips and moored vessels. Using 

this method, the State estimates a 

recreational vessel population of 23,555. 

The State believes that this also may be 

an overestimate, albeit less of an 

overestimate than the number 

calculated using the DOL boater 

registration data. 

The State’s petition also provided 

information about 173 pumpout units at 

102 locations, and 21 mobile pumpout 

boats available for recreational vessels 

in Puget Sound. Both the location and 

availability of these pumpout facilities 

and services appear to approximately 

track the overall distribution of the 

recreational vessel population. The 

ongoing costs for recreational vessels to 

pumpout is minimal, with most 

pumpouts being free or $5 per pumpout. 

The majority of pumped sewage is sent 

to wastewater treatment plants; 

however, some is sent to onsite septic 

tanks that meet federal requirements. 

The most conservative estimate of the 

ratio of pumpout facilities to 

recreational vessels is 1:171 boats for 

each pumpout facility, not including the 

mobile services. Based on DOL vessel 

registration data, there is a maximum of 

43,677 recreation vessels in Puget 

Sound that could require access to 

pumpout facilities. As noted above, this 

is the State’s most conservative (high) 

estimate. Using a 40 percent peak 

occupancy rate recommended by the 

Clean Vessel Act Technical Guidelines 

cited above, EPA has calculated that 

17,471 of the 43,677 boats recreational 

vessels would require access to a 

pumpout facility during peak boating 

season. The State identified 102 

recreational pumpout locations, which 

results in a ratio of 171 recreational 

vessels for each pumpout location, not 

including the mobile services. Applying 

the same 40% occupancy rate to the 

lower recreational vessel estimate of 

23,555 obtained from the moorage count 

results in a ratio of 92 recreational 

vessels for each pumpout location, not 

including the mobile services. 

Based on the number of available 

recreational pumpouts, which well 

exceeds the recommended minimum 

ratio of 1:600 using the most 

conservative estimates, EPA tentatively 

determines that adequate pumpout 

facilities for the safe and sanitary 

removal and treatment of sewage for 

recreational vessels are reasonably 

available for the waters of Puget Sound. 

Puget Sound is also used by many 

different sizes and types of commercial 

vessels. The State used a study 

conducted by the Puget Sound Maritime 

Air Forum (Starcrest, 2007) to develop 

a reasonable estimate of commercial 

vessel use of Puget Sound. The study 

concluded that there were 2,937 entries 

of large oceangoing vessels into Puget 

Sound in 2005, and an estimated 678 

other commercial vessels that operate 

mostly within Puget Sound (e.g., escort 

tugs) or have Puget Sound as their home 

port (e.g., the fleet of fishing vessels that 

travels to Alaska each year). According 

to the State, current vessel statistics are 

estimated to be similar to the data from 

2005. 

The large, oceangoing transient 

commercial vessels that are only in 

Puget Sound for a short period of time 

(e.g., large cruise ships, freighters and 

tankers) have large enough holding 

tanks to hold their waste during the 

time they are in Puget Sound, with some 

exceptions. All Washington State 

Ferries (WSDOT ferries) and U.S. 

military vessels have holding tanks and 

use large-scale pumpout facilities where 

they are moored. Smaller commercial 

vessels, such as ferries, tugboats, 

excursion vessels, and fishing vessels 

with installed toilets can use the 

stationary pumpouts, mobile pumpout 

service vessels, some of the recreational 

pumpouts, or shore-based pumper 

trucks, described in more detail below. 

The State identified eight stationary 

pumpouts dedicated to WSDOT ferries, 

three dedicated to U.S. Navy vessels, 

one dedicated to the Victoria Clipper 

vessels and one for the McNeil Island 

Department of Corrections vessels. The 

Port of Bellingham cruise terminal area 

also has three stationary pumpouts, one 

of which is used for Alaska Marine 

Highway vessels and two other 

pumpouts that can serve other 

commercial vessels. Although not 

included in this analysis, EPA notes that 

two more commercial pumpouts are 

being installed, one in Seattle for all 

commercial vessels and another at the 

Port of Bellingham mostly for fishing 

vessels. Estimated dates for completion 

are March and September 2017, 

respectively. 

The State’s supplemental information 

identified five companies that specialize 

in commercial marine work and that are 

capable of removing sewage from 

commercial vessel holding tanks. These 

five companies have a combined total of 

approximately 52 trucks (capacity 

ranging from 2,200–7,500 gallons each) 

and two mobile barges (capacity of 

3,000 gallons each). These companies 

serve all of Puget Sound and can 

provide pumpout services at a variety of 

docks and ports for all types of 

commercial vessels, including tugs, 

fishing vessels, USCG vessels, smaller 

cruise ships, tankers, and other vessels. 

The State’s petition and supplemental 

information also identified 21–23 

mobile pumpout vessels. These mobile 

pumpouts primarily service recreational 

boats, but several have serviced 

commercial vessels such as charter 

boats, fishing vessels, U.S. Coast Guard 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78143 

vessels, and passenger vessels. The 

mobile pumpout boats have a capacity 

between 40 and 450 gallons and cover 

vast areas geographically as they are 

able to move to vessels, although some 

stay within their own marina or harbor 

area. In addition to the pumpouts 

described above, there are 

approximately 140 licensed or certified 

pumper truck companies in Puget 

Sound that primarily pump out septic 

tanks, but that can also pump out vessel 

sewage. The number of trucks in each 

company ranges from 1–13, and 

approximately half of these companies 

contacted by the State are currently, or 

are willing to, pump out commercial 

vessel sewage. 

The State indicates that the number of 

commercial vessels that are likely to be 

in regular need of pumpout facilities 

with a NDZ would include the nonocean going vessels that include 

tugboats, commercial fishing vessels, 

small passenger vessels, NOAA research 

and survey vessels, WSDOT Ferries, 

military and other government vessels, 

excursion and other commercial vessels. 

Given that the WSDOT Ferries, military 

vessels, and Victoria Clipper vessels all 

have dedicated stationary pumpouts, 

this leaves an approximate 600 vessels 

that would be in need of other pumpout 

facilities. With the two stationary 

commercial pumpouts, at least 52 

Sound-wide commercial pumper trucks, 

and the two Sound-wide mobile 

commercial pumpout barges described 

above, this amounts to at least 56 

pumpouts available for commercial 

vessels which results in an approximate 

ratio of 11:1. This estimated ratio may 

be conservative, given that a number of 

the mobile pumpout boats and pumper 

trucks described above may also provide 

commercial pumpout services. Based on 

this information, EPA tentatively 

determines that adequate pumpout 

facilities for the safe and sanitary 

removal and treatment of sewage for 

commercial vessels are reasonably 

available for the waters of Puget Sound. 

Table of Facilities 

A list of pumpout facilities, phone 

numbers, locations, hours of operation, 

water depth and fees is provided at this 

link to the Washington Dept. of Ecology 

Web site: http://www.ecy.wa.gov/ 

programs/wq/nonpoint/CleanBoating/ 

VesselPumpoutTables.pdf. 

Based on the information above, EPA 

proposes to make an affirmative 

determination that adequate facilities 

for the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for the waters of 

Puget Sound. A 30-day period for public 

comment has been opened on this 

matter, and EPA invites any comments 

relevant to this proposed determination. 

As noted above, EPA’s authority under 

Clean Water Act section 312(f)(3) is to 

determine whether adequate pumpout 

facilities are reasonably available and 

EPA is therefore seeking comments on 

this determination only. If, after the 

public comment period ends, EPA 

makes a final affirmative determination 

that adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the waters of Puget Sound, 

the State may, in accordance with CWA 

section 312(f)(3), completely prohibit 

the discharge from all vessels of any 

sewage, whether treated or not, into 

those waters. 

Dated: October 27, 2016. 

Dennis McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2016–26877 Filed 11–4–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2013–0573; FRL–9954–96– 

OAR] 

California State Motor Vehicle 

Pollution Control Standards; 

Malfunction and Diagnostic System 

Requirements and Enforcement for 

2004 and Subsequent Model Year 

Passenger Cars, Light Duty Trucks, 

and Medium Duty Vehicles and 

Engines; Notice of Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Decision. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting the California 

Air Resources Board’s (‘‘CARB’’) request 

for a waiver of Clean Air Act 

preemption to enforce amendments to 

regulations entitled ‘‘Malfunction and 

Diagnostic System Requirements—2004 

and Subsequent Model-Year Passenger 

Cars, Light-Duty Trucks and MediumDuty Vehicles and Engines’’ (‘‘OBD II 

Requirements’’) and amendments to 

CARB’s regulations entitled 

‘‘Enforcement of Malfunction and 

Diagnostic Systems Requirements for 

2004 and Subsequent Model-Year 

Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles and Engines’’ 

(‘‘OBD II Enforcement Regulation’’). 

This decision is issued under the 

authority of the Clean Air Act (‘‘CAA’’ 

or ‘‘the Act’’). 

DATES: Petitions for review must be filed 

by January 6, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

EPA–HQ–OAR–2013–0573. All 

documents relied upon in making this 

decision, including those submitted to 

EPA by CARB, are contained in the 

public docket. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Headquarters Library, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC. The 

Public Reading Room is open to the 

public on all federal government 

working days from 8:30 a.m. to 4:30 

p.m.; generally, it is open Monday 

through Friday, excluding holidays. The 

telephone number for the Reading Room 

is (202) 566–1744. The Air and 

Radiation Docket and Information 

Center’s Web site is http://www.epa.gov/ 

oar/docket.html. The email address for 

the Air and Radiation Docket is: a-andr-docket@epa.gov, the telephone 

number is (202) 566–1742, and the fax 

number is (202) 566–9744. An 

electronic version of the public docket 

is available through the federal 

government’s electronic public docket 

and comment system at http://

www.regulations.gov. After opening the 

www.regulations.gov Web site, enter 

EPA–HQ–OAR–2013–0573 in the ‘‘Enter 

Keyword or ID’’ fill-in box to view 

documents in the record. Although a 

part of the official docket, the public 

docket does not include Confidential 

Business Information (‘‘CBI’’) or other 

information whose disclosure is 

restricted by statute. 

EPA’s Office of Transportation and 

Air Quality (‘‘OTAQ’’) maintains a Web 

page that contains general information 

on its review of California waiver and 

authorization requests. Included on that 

page are links to prior waiver Federal 

Register notices, some of which are 

cited in today’s notice; the page can be 

accessed at http://www.epa.gov/otaq/ 

cafr.htm. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Office of 

Transportation and Air Quality, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. (6405J) NW., 

Washington, DC 20460. Telephone: 

(202) 343–9256. Fax: (202) 343–2800. 

Email: dickinson.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CARB initially adopted the OBD II 

regulation in July 1990 and has adopted 

a number of amendments subsequently. 

The OBD II regulation directs motor 

vehicle manufacturers to incorporate 


sradovich on DSK3GMQ082PROD with NOTICES