Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices 54281 

FERCOnlineSupport@ferc.gov. or call 

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

(202) 502–8659. 

Dated: September 2, 2015. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2015–22645 Filed 9–8–15; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9933–54–Region 2] 

New York State Prohibition of 

Discharges of Vessel Sewage; Notice 

of Final Determination 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of determination. 

SUMMARY: Notice is hereby given that, 

pursuant to 33 CFR 1322(f)(3) and 40 

CFR 140.4(a), the State of New York has 

determined that the protection and 

enhancement of the waters of Seneca 

Lake, Cayuga Lake, the Seneca River 

and tributaries thereto require greater 

environmental protection than the 

applicable Federal standards provide 

and petitioned the United States 

Environmental Protection Agency 

(EPA), Region 2 for a determination that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the waters of Seneca Lake, 

Cayuga Lake and the Seneca River, so 

that the State may completely prohibit 

the discharge from all vessels of any 

sewage, whether treated or not, into 

such waters. New York State proposes 

to establish a vessel waste No Discharge 

Zone (NDZ) covering the approximately 

150 square miles of connected waters 

and tributaries of Seneca Lake, Cayuga 

Lake and the Seneca River. 

FOR FURTHER INFORMATION CONTACT: 

Moses Chang, (212) 637–3867, email 

address: chang.moses@epa.gov . 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the State of New York 

(NYS or State) has petitioned the United 

States Environmental Protection 

Agency, Region 2, pursuant to section 

312(f)(3) of Public Law 92–500 as 

amended by Public Law 95–217 and 

Public Law 100–4, that adequate 

facilities for the safe and sanitary 

removal and treatment of sewage from 

all vessels are reasonably available for 

Seneca Lake, Cayuga Lake and the 

Seneca River. 

Adequate facilities are defined as one 

sewage pumpout station for every 300 to 

600 boats pursuant to the Clean Vessel 

Act: Pumpout Station and Dump Station 

Technical Guidelines (Federal Register, 

Vol. 59, No. 47, March 10, 1994). 

On April 17, 2015, EPA published 

notice of its tentative affirmative 

determination that adequate facilities 

for the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for Seneca Lake, 

Cayuga Lake and the Seneca River, and 

its approval of New York’s proposal to 

ban the discharge of treated and 

untreated sewage from vessels into 

those waters under Clean Water Act 

(‘‘CWA’’) § 312(f)(3). (78 FR 59681, 

September 27, 2013) EPA solicited 

public comments for 30 days, and the 

comment period ended on May 17, 

2015. EPA received a total of twenty two 

comments via letter and email. All of 

the twenty two commenters support 

EPA’s proposed determination. All of 

the relevant comments received have 

been considered, as discussed below, 

and EPA hereby issues a final 

affirmative determination that adequate 

facilities for the safe and sanitary 

removal and treatment of sewage from 

all vessels are reasonably available 

within Seneca Lake, Cayuga Lake and 

the Seneca River. 

EPA Response to Public Comments on 

the April 17, 2015 Tentative 

Affirmative Determination 

Comment 1: Several commenters, 

including boaters, residents, NonGovernmental Organizations (NGOs) 

and community advocates expressed 

strong support for the establishment of 

a vessel waste no discharge zone 

(‘‘NDZ’’) for Seneca Lake, Cayuga Lake, 

the Seneca River and tributaries thereto. 

Some commenters pointed out that this 

action will reduce pathogens and 

chemicals, improve water quality and 

further protect drinking water, wildlife 

habitats and restore the lakes. 

EPA Response: The petition was 

submitted under CWA § 312(f)(3), which 

allows New York to establish a vessel 

sewage no discharge zone if the state 

determines that the protection and 

enhancement of the quality of some or 

all of the waters within the state require 

greater environmental protection and if 

EPA determines that adequate facilities 

for the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available within those 

waters. These comments are consistent 

with New York’s determination of need. 

Comment 2: One commenter 

suggested that stricter enforcement 

regulations for sewage discharge in 

Seneca Lake, Cayuga Lake and the 

Seneca River are needed. 

EPA Response: We appreciate this 

comment. EPA’s determination in the 

present action is limited to whether 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available within Seneca Lake, Cayuga 

Lake and the Seneca River and does not 

address the adequacy of enforcement of 

the proposed ban. This comment is 

noted but is beyond the scope of EPA’s 

determination on this matter. 

Comment 3: One commenter supports 

the proposed NDZ and suggests that 

EPA and DEC do more to protect water 

quality from land use changes, pollution 

discharges and energy development. 

EPA Response: We appreciate this 

comment. As noted above, EPA’s 

determination in the present action is 

limited to whether adequate facilities 

for the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available within Seneca 

Lake, Cayuga Lake and the Seneca River 

and does not address the need for 

additional efforts to protect water 

quality. This comment is noted but is 

beyond the scope of EPA’s 

determination on this matter. 

Certification of Need: New York’s 

petition contains a certification by the 

Commissioner of the New York State 

Department of Environmental 

Conservation (NYSDEC) that the 

protection and enhancement of Seneca 

Lake, Cayuga Lake, the Seneca River 

and the navigable tributaries thereto, 

requires greater environmental 

protection than the applicable Federal 

standards provide. The certification 

states that Seneca Lake and Cayuga Lake 

are water bodies of unique ecological, 

economic and public health 

significance, as well as drinking water 

sources. Pathogens and chemicals 

contained in the currently-lawful 

effluent from discharging marine 

sanitation devices (MSDs) threaten 

public health and the environment and 

contravene the State’s ongoing efforts to 

control point and non-point source 

pollution from municipal discharges, 

combined sewer overflows and storm 

water runoff. The proposed NDZ 

represents one component of a 

comprehensive approach to water 

quality management. Protecting Seneca 

Lake, Cayuga Lake and the Seneca River 

warrants this greater level of 

environmental protection in order to 

maintain excellent water quality, 

prevent future degradation and speed 

the recovery of impaired segments. 

Seneca Lake is the largest and deepest 

of all the Finger Lakes at 4.2 trillion 

gallons in volume and 291 feet in 

average depth. The maximum depth of 

the lake is 618 feet. The Seneca Lake 

Watershed comprises 14% of the greater 

Oswego River Watershed. While the 


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54282 Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices 

water quality of the lake is generally 

good, the lake is on the NYSDEC 

Priority Waterbody List as a Water with 

Minor Impacts. This means that the 

current uses of the lake are fully 

supported but some negative water 

quality impacts have been observed and 

action must be taken to ensure that the 

water will continue to support its uses 

in the future. Pollutants that negatively 

impact the lake include pathogens and 

oxygen demand from the Watkins Glen 

wastewater treatment plant and general 

lakeside activities as well as sediment 

from eroding stream banks and steep 

slopes surrounding the lake. As part of 

its broader efforts to protect and 

enhance the water quality of Seneca 

Lake, New York seeks to eliminate the 

discharge of pathogens and chemicals 

from all vessels using the lake. 

Cayuga Lake has a maximum depth of 

435 feet and a volume of about 2.5 

trillion gallons. The Cayuga Lake 

Watershed comprises 15% of the greater 

Oswego River Watershed. While the 

water quality of Cayuga Lake is 

generally good, the northern to midsouth portions of the lake are on the 

NYSDEC Priority Waterbody List as 

Threatened Segments because of the 

lake’s significant value as a drinking 

water resource. As part of its broader 

effort to preserve and enhance water 

quality to maintain the lake’s use as 

drinking waters with minimal required 

treatment, New York seeks to eliminate 

the discharge of pathogens and 

chemicals from all vessels using the 

lake. 

Adequacy of Sewage Removal and 

Treatment Facilities 

In determining whether adequate 

facilities exist for the safe and sanitary 

removal and treatment of sewage from 

all vessels using a water body, EPA 

relies on the ‘‘Clean Vessel Act: 

Pumpout Station and Dump Station 

Technical Guidelines,’’ (59 FR 11290) 

published by the U.S. Department of the 

Interior (DOI), which provides that at 

least one pumpout station should be 

provided for every 300 to 600 boats over 

16 feet in length. The guidance also 

provides that approximately 20% of 

boats between 16 and 26 feet, 50% of 

boats between 26 and 40 feet and all 

vessels over 40 feet in length can be 

assumed to have an installed toilet with 

some type of MSD. Vessels below 16 

feet in length are generally presumed 

not to have an MSD onboard. 

Estimated Vessel Population 

In support of its petition, New York 

provided information on the vessel 

population in the proposed NDZ. The 

population of recreational vessels using 

Seneca Lake, Cayuga Lake and the 

Seneca River was estimated based on 

the New York State Office of Parks, 

Recreation and Historic Preservation’s 

2012 Boating Report (OPRHP Report) for 

the counties of Cayuga, Ontario, 

Schuyler, Seneca, Steuben, Tompkins 

and Yates, which surround the lakes. 

While it is very unlikely that every 

single vessel registered in these counties 

will operate in the proposed NDZ 

simultaneously, the state took a 

conservative approach and considered 

all boats registered in these counties as 

part of the overall recreational vessel 

population of the proposed NDZ. 

According to the OPRHP Report, in 

the seven counties surrounding the 

proposed NDZ, there are 16,740 

registered boats between 16 and 25 feet 

long, 1,161 boats between 26 and 40 feet 

long and 71 boats over 40 feet long. 

Applying the percentages in the DOI 

guidance yields an estimate of 3,967 

recreational vessels with MSDs that 

operate in the proposed NDZ. 

The population of commercial vessels 

using Seneca Lake, Cayuga Lake and the 

Seneca River was estimated based on 

information provided by the Genesee 

Finger Lakes Regional Planning Board 

and the Finger Lakes Institute as well as 

information obtained from the Internet. 

According to these sources, the majority 

of commercial vessels operating in the 

proposed NDZ are chartered fishing 

boats. There are at least 18 charter 

services that operate primarily in 

Seneca Lake and Cayuga Lake, as well 

as 11 cruise companies. These 

companies own anywhere from one to 

three vessels. A conservative 

assumption of 40 companies (18 charter 

companies + 11 cruise companies + 11 

unlisted businesses) with three vessels 

each yields a total of 120 commercial 

vessels that operate in the proposed 

NDZ. As an additional conservative 

assumption, all 120 commercial vessels 

are assumed to have MSDs. Therefore, 

there are approximately 4,090 vessels 

with MSDs operating in the proposed 

NDZ. 

Available Pumpout Facilities 

In further support of its petition, New 

York provided information on the 

number of pumpout facilities available 

to the recreational and commercial 

vessels in the proposed NDZ. The 

federal Clean Vessel Act of 1992 made 

grants available to states for 

construction, replacement and 

renovation of recreational vessel 

pumpouts. New York applied for the 

first federal grant in 1994 and initiated 

a statewide program known as the Clean 

Vessel Assistance Program (CVAP), 

managed and administered by New 

York State Environmental Facilities 

Corporation that has helped establish 

and support 17 pumpout facilities 

serving Seneca Lake, Cayuga Lake and 

the Seneca River, of which two are 

pumpout boats and 15 are dockside 

pumpouts. EPA independently updated 

and verified these pumpout information 

and concluded that two pumpout boats 

are out of operation and only 14 

dockside pumpouts are operational. An 

additional three pumpout facilities are 

available to the public but are not 

funded through CVAP. All these current 

17 pumpout (14 CVAP + 3 non-CVAP 

pumpouts = 17 pumpouts) facilities 

either discharge to a holding tank, to a 

municipal wastewater treatment plant 

or to an on-site septic system. 

While some commercial shipping 

vessels are so large as to require special 

docking accommodations or mobile 

pumpouts to access pumpout services, 

the commercial vessels that operate in 

the proposed NDZ are all small enough 

to use the same pumpouts that the 

recreational vessels use. Therefore, the 

total number of pumpout facilities 

available for use by the vessels that 

operate in the proposed NDZ is 17. A 

list of pumpout facilities, phone 

numbers, locations, hours of operation, 

water depth and fees is provided below: 

No. Name Location, Lat./Long. Contact 

information 

* Days and hours 

of operation 

Water depth, 

(feet) Fee 

1 ....... Cayuga—Seneca—Lock 

CS1–4.

Seneca Lake State Park, 42.870575/ 

—76.939667.

315–789–2331 April 1–September 30, 24 

hours.

6′ ......................... $2.00 

2 ....... Cayuga Lake ....... Allan H Treman. State Marine Park, 

42.458467/—76.513033.

607–273–3440 May 1–October 

15, 24 hours.

7′ ......................... 2.00 

3 ....... Cayuga Lake ....... Frontenac Harbor, 42.839778/— 

76.695769.

315–889–5532 April 1–October 

15, 9:00 a.m.– 

4:30 p.m.

4′ ......................... 5.00 


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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices 54283 

No. Name Location, Lat./Long. Contact 

information 

* Days and hours 

of operation 

Water depth, 

(feet) Fee 

4 ....... Seneca Lake ....... Barret Marine, Inc.–Stationary, 

42.874176/—76.935906.

315–789–9513 Year round, 8:00 

a.m.–7:00 p.m.

5′ ......................... 0.00 

5 ....... Seneca Lake ....... Village Marina, 42.384630/— 

76.87871697.

607–535–7910 June–October, 

11:00 a.m.–6:00 

p.m.

5′ ......................... 5.00 

6 ....... Seneca Lake ....... Stivers (GPJ) Seneca Marine, Inc., 

42.868925/—76.939064.

315–789–5520 May 1–Labor Day, 

8:00 a.m.–8:00 

p.m.

6′ ......................... 5.00 

7 ....... Cayuga Lake ....... Johnson Boat Yard (dba)–Pierce 

Cleveland, Inc., 42.452369/— 

76.510231.

607–272–5191 April 1–November 

1, 9:00 a.m.– 

5:00 p.m.

6′ ......................... 0.00 

8 ....... Seneca Lake ....... Montour Falls-V Municipal Marina, 

42.354167/—76.853333.

607–210–4124 May 2–October 

15, 7:00 a.m.– 

7:00 p.m.

4.5′ ...................... 5.00 

9 ....... Cayuga Seneca— 

Lock CS1–4.

Oak Island Marine Facility, 

42.900983/—76.866894.

315–539–9131 April 1–October 1, 

24 hours.

8′ ......................... 0.00 

10 ..... Cayuga Lake ....... Hibiscus Harbor, 42.856781/— 

76.706081.

315–889–5086 April 1–November 

1, 24 hours.

12′ ....................... 5.00 

11 ..... Seneca Lake ....... Frog Hollow Marina, 42.370636/— 

76.859106.

607–535–2671 April 15–November 15, 9:00 

a.m.–5:00 p.m.

5′ ......................... 5.00 

12 ..... Seneca Lake ....... Seneca Falls-V, 42.909675/— 

76.795868.

315–568–2316 May 1–November 

1, 24 hours.

20′ ....................... 2.00 

13 ..... Cayuga-Seneca— 

Lock CS1–4.

Waterloo Harbor, 42.540172/— 

76.524237.

315–539–8848 May 1–September 

30, 24 hours.

10′ ....................... 5.00 

14 ..... Seneca Lake ....... Glen Harbor Marina, 42.383099/— 

76.861575.

607–535–2751 April 15–October 

15, 10:00 a.m.– 

5:00 p.m.

6′ ......................... 0.00 

15 ..... Cayuga Lake ....... Eagles Landing Marina, 42.072211/ 

—76.548915.

315–834–6829 April 15–October 

15.

Unknown ............. 0.00 

16 ..... Cayuga Lake ....... Taughannock Falls State Park, 

42.547636/—76.595714.

607–387–6739 March 1–October 

15.

6′ ......................... 0.00 

17 ..... Seneca Lake ....... Sampson State Park Marina, 

42.4247/—76.9119.

315–585–6392 April 15–October 

20.

Unknown ............. 0.00 

* Please note that the actual days of operation depend on the weather. 

RATIO OF PUMPOUTS FACILITIES TO VESSELS OPERATING IN THE PROPOSED NDZ 

Total boat registrations 

Total 

pumpout 

facilities 

Boat: 

pumpout 

ratio 

4,090 ........................................................................................................................................................................ 17 241:1 

Based on a total vessel population of 

4,090 and 17 currently available 

pumpout facilities, the ratio of boats to 

pumpouts is 241:1, which means there 

are significantly more pumpouts than 

the recommended range of 300–600:1. 

In addition, the pumpouts are well 

distributed between the lakes (7 are in 

Cayuga Lake and 10 are in Seneca Lake). 

Based on the information above, and 

after considering the relevant public 

comments, EPA hereby makes a final 

affirmative determination that adequate 

facilities for the safe and sanitary 

removal and treatment of sewage are 

reasonably available for all vessels that 

use the waters of Seneca Lake, Cayuga 

Lake and the Seneca River. Accordingly, 

pursuant to 33 CFR 1322(f)(3) and 40 

CFR 140.4(a), New York may completely 

prohibit the discharge from all vessels of 

any sewage, whether treated or not, into 

such waters. 

Dated: August 11, 2015. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2015–22694 Filed 9–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–XXXX] 

Information Collection Being 

Submitted for Review and Approval to 

the Office of Management and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520), the Federal Communications 

Commission (FCC or Commission) 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collections. 

Comments are requested concerning: 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 


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