62080 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

B. How and to whom do I submit 

comments? 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2023– 

0452 via https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from this docket. 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov 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. 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 https://

www.epa.gov/dockets/commenting-epadockets. For additional information 

about submitting information identified 

as CBI, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment. This ensures 

that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the https://

www.regulations.gov website to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. The electronic public docket 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, email address, or 

other contact information unless you 

provide it in the body of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA does not plan to 

consider these late comments. 

Steven Neugeboren, 

Associate General Counsel. 

[FR Doc. 2023–19431 Filed 9–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2023–0453; FRL–11386–01– 

OGC] 

Proposed Consent Decree, Clean 

Water Act Claim 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with the 

Environmental Protection Agency (EPA) 

Administrator’s March 18, 2022, 

memorandum regarding ‘‘Consent 

Decrees and Settlement Agreements to 

resolve Environmental Claims Against 

the Agency,’’ notice is hereby given of 

a proposed consent decree in Center for 

Biological Diversity, et al., v. Regan, et 

al., No. 3:23–cv–535 (N.D. Cal. 2023). 

On February 6, 2023, the Center for 

Biological Diversity, the Friends of the 

Earth, and Marcelin Keever 

(collectively, ‘‘Plaintiffs’’) filed a 

complaint in the United States District 

Court for the Northern District of 

California against the EPA alleging that 

the Agency had failed to perform its 

non-discretionary duty to promulgate 

national standards of performance for 

discharges incidental to the normal 

operation of large commercial vessels 

(and ballast water from certain other 

types of vessels) pursuant to the Clean 

Water Act (CWA) as amended by the 

Vessel Incidental Discharge Act of 2018 

(VIDA). EPA seeks public input on a 

proposed consent decree setting a date 

for final action on the national 

standards of performance prior to its 

final decision-making regarding 

potential settlement of the litigation. 

DATES: Written comments on the 

proposed consent decree must be 

received by October 10, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OGC–2023–0453 online at https://

www.regulations.gov (EPA’s preferred 

method). Follow the online instructions 

for submitting comments. 

Instructions: All submissions received 

must include the Docket ID number for 

this action. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Additional 

Information About Commenting on the 

Proposed Consent Decree’’ heading 

under the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Glazer, Water Law Office, 

Office of General Counsel, U.S. 

Environmental Protection Agency; 

telephone: (202) 564–0908; email 

address: glazer.thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The president signed VIDA into law 

on December 4, 2018. Among other 

things, VIDA directed EPA to 

‘‘promulgate Federal standards of 

performance for marine pollution 

control devices for each type of 

discharge incidental to the normal 

operation of a vessel’’ by December 4, 

2020. 33 U.S.C. 1322(p)(4)(A)(i). EPA 

published a proposed rulemaking on 

October 26, 2020, 85 FR. 67818, but did 

not take final action in time to meet the 

statutory deadline. 

On September 13, 2022, Plaintiffs sent 

EPA a notice of intent (NOI) to sue 

alleging that EPA had failed to satisfy its 

mandatory duty under VIDA to 

promulgate Federal standards of 

performance. The Plaintiffs filed a 

complaint on February 6, 2023, seeking 

a declaratory judgment that EPA 

violated the statutory deadline and 

ordering the Agency to promulgate 

expeditiously. 

The parties initiated settlement 

discussions, which produced the 

proposed consent decree. Under the 

consent decree, EPA would be obligated 

to sign a decision taking final action by 

September 23, 2024. The consent 

decree’s schedule is based on EPA’s 

projected timeline for completing the 

rulemaking. This deadline may be 

extended by written agreement of the 

parties or by the court pursuant to 

Federal Rule 60(b). 

For a period of thirty (30) days 

following the date of publication of this 

notice, EPA will accept written 

comments relating to the proposed 

consent decree from persons who are 

not parties to the litigation. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments received 

disclose facts or considerations that 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices 62081 

indicate that such consent is 

inappropriate, improper, inadequate, or 

inconsistent with the requirements of 

the CWA. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the proposed 

consent decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2023–0453) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. NW, 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

The electronic version of the public 

docket for this action contains a copy of 

the proposed consent decree and is 

available through https://

www.regulations.gov. You may use 

https://www.regulations.gov to submit 

or view public comments, access the 

index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

B. How and to whom do I submit 

comments? 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2023– 

0453 via https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from this docket. 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov 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. 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 https://

www.epa.gov/dockets/commenting-epadockets. For additional information 

about submitting information identified 

as CBI, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment. This ensures 

that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the https://

www.regulations.gov website to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. The electronic public docket 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, email address, or 

other contact information unless you 

provide it in the body of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA does not plan to 

consider these late comments. 

Steven M. Neugeboren, 

Associate General Counsel. 

[FR Doc. 2023–19433 Filed 9–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

Agency Information Collection 

Activities: Renewal Without Change of 

Existing Collection; Comment Request 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final notice of information 

collection under review; ADEA waivers. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), the Equal Employment 

Opportunity Commission (EEOC or 

Commission) announces that it has 

submitted to the Office of Management 

and Budget (OMB) a request for a threeyear extension without change of the 

existing collection requirements under 

the Waivers of rights and claims under 

the Age Discrimination in Employment 

Act (ADEA). No public comments were 

received in response to the EEOC’s June 

12, 2023 60-Day Notice soliciting 

comments on the proposed extension of 

this collection. 

DATES: Written comments on this notice 

must be submitted on or before October 

10, 2023. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, (202) 921–2665 and 

kathleen.oram@eeoc.gov, or Ashley T. 

Adams, General Attorney, (202) 921– 

2697 and ashley.adams@eeoc.gov, 

Office of Legal Counsel, 131 M Street 

NE, Washington, DC 20507. Requests for 

this notice in an alternative format 

should be made to the Office of 

Communications and Legislative Affairs 

at (202) 663–4191 (voice) or (202) 663– 

4494 (TTY). 

SUPPLEMENTARY INFORMATION: The Age 

Discrimination in Employment Act 

(ADEA) allows for individuals to waive 

rights and claims protected under the 

Act, provided certain circumstances are 

met; particularly that the waiver is 

knowing and voluntary. In order for an 

individual’s waiver in connection with 

a program to be considered knowing 

and voluntary, the employer must 

inform the individual in writing in a 

manner calculated to be understood by 

the average individual eligible to 

participate, as to (i) any class, unit, or 

group of individuals covered by such 

program, any eligibility factors for such 

program, and any time limits applicable 

to such program; and (ii) the job titles 

and ages of all individuals eligible or 

selected for the program, and the ages of 

all individuals in the same job 

classification or organizational unit who 

are not eligible or selected for the 

program. 

The EEOC’s regulations clarify that 

the relevant section of the ADEA 

addresses two principal issues: to whom 

information must be provided, and what 

information must be disclosed to such 


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