Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38151 

f?p=114:18:1577890

6977107:::RP,18:P18_ID:2601. 

The Chartered SAB will also conduct 

a quality review of the SAB CCL5 

Review Committee report titled Review 

of the EPA’s Draft Fifth Contaminant 

Candidate List (CCL 5). Background 

information about this activity is 

available on the SAB website at: https:// 

sab.epa.gov/ords/sab/ 

f?p=114:18:1577890

6977107:::RP,18:P18_ID:2600. The SAB 

quality review process ensures that all 

draft reports developed by SAB panels, 

committees, or workgroups are reviewed 

by the Chartered SAB before being 

finalized and transmitted to the EPA 

Administrator. These reviews are 

conducted in a public meeting as 

required by FACA. 

The Chartered SAB will also discuss 

any recommendations received from the 

SAB Work Group for Review of Science 

Supporting EPA Decisions with regard 

to SAB review of other EPA planned 

actions. Under the SAB’s authorizing 

statute, the SAB ‘‘may make available to 

the Administrator, within the time 

specified by the Administrator, its 

advice and comments on the adequacy 

of the scientific and technical basis’’ of 

proposed rules. The SAB Work Group 

for Review of Science Supporting EPA 

Decisions is charged with identifying 

EPA planned actions that may warrant 

SAB review. 

Availability of Meeting Materials: All 

meeting materials, including the agenda 

will be available on the SAB web page 

at https://sab.epa.gov. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. Federal advisory 

committees and panels, including 

scientific advisory committees, provide 

independent advice to the EPA. 

Members of the public can submit 

relevant comments pertaining to the 

committee’s charge or meeting 

materials. Input from the public to the 

SAB will have the most impact if it 

provides specific scientific or technical 

information or analysis for the SAB to 

consider or if it relates to the clarity or 

accuracy of the technical information. 

Members of the public wishing to 

provide comment should follow the 

instruction below to submit comments. 

Oral Statements: In general, 

individuals or groups requesting an oral 

presentation at a public meeting will be 

limited to three minutes. Each person 

making an oral statement should 

consider providing written comments as 

well as the oral statement so that the 

points presented orally can be expanded 

upon in writing. Persons interested in 

providing oral statements should 

contact the DFO, in writing (preferably 

via email) at the contact information 

noted above by July 11, 2022, to be 

placed on the list of registered speakers. 

Written Statements: Written 

statements will be accepted throughout 

the advisory process; however, for 

timely consideration by SAB members, 

statements should be submitted to the 

DFO by July 11, 2022, for consideration 

at the public meeting on July 18, 2022, 

and July 20, 2022. Written statements 

should be supplied to the DFO at the 

contact information above via email. 

Submitters are requested to provide a 

signed and unsigned version of each 

document because the SAB Staff Office 

does not publish documents with 

signatures on its websites. Members of 

the public should be aware that their 

personal contact information, if 

included in any written comments, may 

be posted to the SAB website. 

Copyrighted material will not be posted 

without explicit permission of the 

copyright holder. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact the DFO, at 

the contact information noted above, 

preferably at least ten days prior to the 

meeting, to give the EPA as much time 

as possible to process your request. 

V. Khanna Johnston, 

Deputy Director, Science Advisory Board Staff 

Office. 

[FR Doc. 2022–13629 Filed 6–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2020–0392; FRL 8323.1–01– 

OW] 

Draft Guidance for Vessel Sewage NoDischarge Zones 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability; request 

for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) requests comments on 

draft updated guidance for state officials 

submitting applications to EPA to 

establish vessel sewage no-discharge 

zones under the Clean Water Act 

(CWA). The draft updated guidance is 

intended to clarify, simplify, and (once 

finalized) supersede EPA’s existing 

vessel sewage no-discharge zone 

guidance. The draft updated guidance 

explains the information that a state 

must submit to EPA in an application to 

meet the regulatory requirements and 

provides greater insight into EPA’s 

process for evaluating applications. 

Updates made to the guidance do not 

purport to impose any new 

requirements for state applications. 

DATES: Comments must be received on 

or before August 26, 2022. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2020–0392, by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Water Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Kelsey Watts-FitzGerald, Oceans, 

Wetlands, and Communities Division, 

Office of Water (4504T), Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone number: 202–566–0232; 

email address: watts-fitzgerald.kelsey@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2020– 

0392, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at 


jspears on DSK121TN23PROD with NOTICES1
38152 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

https://www.regulations.gov any 

information you consider to be 

Confidential Business Information (CBI), 

Proprietary Business Information (PBI), 

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). Please visit https://

www.epa.gov/dockets/commenting-epadockets for additional submission 

methods; the full EPA public comment 

policy; information about CBI, PBI, or 

multimedia submissions; and general 

guidance on making effective 

comments. 

II. General Information 

A. Does this action apply to me? 

EPA has developed an updated draft 

of existing guidance for the 

development of applications for vessel 

sewage no-discharge zones and seeks 

comment and technical input on issues 

associated with the guidance. The draft 

updated guidance will be of interest to 

state officials seeking to establish vessel 

sewage no-discharge zones, as well as 

the owners and operators of commercial 

and recreational vessels with installed 

toilets that may be impacted by vessel 

sewage no-discharge zone designations. 

III. Background 

CWA Section 312 establishes the 

statutory framework through which EPA 

and the U.S. Coast Guard regulate the 

discharge of sewage from vessels with 

installed toilets operating in U.S. 

navigable waters. EPA is responsible for 

establishing national standards of 

performance for marine sanitation 

devices (MSDs) to prevent inadequately 

treated sewage from polluting U.S. 

waters, while the U.S. Coast Guard is 

responsible for issuing regulations 

governing the design, construction, 

certification, installation, and operation 

of MSDs, consistent with EPA’s 

standards. MSDs are equipment 

installed onboard vessels that either 

treat sewage prior to discharge or store 

sewage onboard for later disposal. If a 

state determines that some or all of the 

state’s waters require greater protection, 

the CWA allows the state to apply to 

EPA for the establishment of a vessel 

sewage no-discharge zone. 

Sewage no-discharge zones are 

designated areas where the discharge of 

both treated and untreated sewage from 

vessels is prohibited. There are three 

different types of vessel sewage nodischarge zones under CWA Section 

312. For each type, the state must 

submit an application to EPA pursuant 

to the regulatory requirements detailed 

in 40 CFR 140.4. The first type of 

designation (CWA Section 312(f)(3)) 

requires the state to obtain a 

determination from EPA that ‘‘adequate 

facilities for the safe and sanitary 

removal and treatment of sewage from 

all vessels are reasonably available for 

the waters proposed for designation.’’ 

Following an affirmative determination 

from EPA, the state may then proceed 

with the designation of the no-discharge 

zone through state regulations. The 

other two types of sewage no-discharge 

zones are established for the protection 

and enhancement of the quality of 

specified waters and drinking water 

intakes (under CWA Sections 

312(f)(4)(A) and (f)(4)(B), respectively). 

These designations are applied for by a 

state but designated by EPA and 

promulgated through federal 

regulations. 

In 1994, EPA published guidance, 

‘‘Protecting Coastal Waters from Vessel 

and Marina Discharges: A Guide for 

State and Local Officials, Volume 1. 

Establishing No-Discharge Areas under 

§ 312 of the Clean Water Act’’ (EPA 

842–B–94–004, August 1994), to assist 

states in preparing applications based 

on the regulatory requirements. EPA is 

updating the 1994 guidance and, 

through this Notice, soliciting feedback 

from the public on the new draft, titled, 

‘‘Guidance for Vessel Sewage NoDischarge Zone Applications (Clean 

Water Act Section 312(f)).’’ The draft 

updated guidance will supersede the 

1994 guidance once public comments 

have been considered and a notice of 

availability for the updated guidance is 

published in the Federal Register. 

In developing the draft updated 

guidance, EPA sought to streamline the 

guidance, better clarify the required 

versus recommended information for 

inclusion in a state’s application, and 

further describe the agency’s processes 

for evaluating an application. Key 

updates related to the development of 

state applications include the addition 

of new guidance and sample 

applications for the two CWA Section 

312(f)(4) designations, as well as 

updated introductory sections on the 

impact of sewage discharges and the 

regulatory framework in place to 

mitigate these impacts. The draft 

updated guidance also clarifies how to 

account for mobile pumpout facilities, 

such as boats and trucks, and provides 

additional information on how to 

demonstrate that sewage removed from 

vessels is being treated in conformance 

with federal law. Finally, in the sections 

pertaining to CWA Section 312(f)(3) 

applications, the draft updated guidance 

distinguishes between recreational and 

commercial vessels in 

acknowledgement of differing vessel 

profiles and pumpout facility needs. 

Other updates were made to the 1994 

guidance to explain EPA’s process for 

evaluating state applications. The most 

substantial update to EPA’s review 

process is the novel inclusion of a cost 

analysis for applications submitted 

under CWA Section 312(f)(3). The 

agency’s statutory responsibility to 

determine whether adequate facilities 

are ‘‘reasonably available’’ speaks to the 

cost of that availability, as affirmed by 

the U.S. District Court for the District of 

Columbia (see Memorandum Opinion 

and Order, American Waterways 

Operators v. EPA, case no. 18–cv–2933 

(APM), November 30, 2020). Because 

EPA must consider costs, the draft 

updated guidance contains new sections 

that propose how EPA would conduct 

cost analyses for CWA Section 312(f)(3) 

applications. These new sections are 

accompanied by a spreadsheet-based 

tool, the ‘‘No-Discharge Zone Cost 

Analysis Tool,’’ that EPA could use in 

future determinations to help 

standardize the agency’s approach to 

evaluating the costs associated with 

applications submitted under CWA 

Section 312(f)(3). The draft cost tool also 

incorporates a screening analysis to 

estimate if sewage generation may 

exceed reception capabilities. While the 

statute requires that EPA consider costs 

during the review of CWA Section 

312(f)(3) applications, the agency 

welcomes comments on the proposed 

approach to the cost analysis. Another 

change is the removal of the ‘‘Boater 

Sanitary Waste Reception Facility 

Requirements Worksheet,’’ which 

aggregated all vessel types, in favor of 

the new screening analysis described 

above for commercial vessels and a new 

‘‘Recreational Vessel Worksheet’’ for 

recreational vessels. 

IV. Paperwork Reduction Act 

The information collections 

associated with the vessel sewage nodischarge zone program have been 

approved by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act through August 2022. 

The approved Information Collection 

Request (OMB control number 2040– 

0187) estimates both the burden to state 

respondents to apply for vessel sewage 

no-discharge zones and the burden to 

EPA to review state applications. 

Finalization of this draft updated 

guidance is not expected to result in 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38153 

increased burden to state applicants, 

since the required elements of a state’s 

application are defined by regulation 

and have not been changed. However, 

increased burden is anticipated for EPA 

due to the inclusion of a cost analysis 

for applications submitted under CWA 

Section 312(f)(3). EPA does not 

anticipate that the expected number of 

applications will change if this draft 

updated guidance is finalized, since 

preparation and submission of an 

application is entirely voluntary and 

driven by the state applicant’s need to 

protect some or all of the state’s waters 

from vessel sewage discharges. 

EPA is currently in the process of 

requesting a renewal for this 

information collection. If finalization of 

this draft updated guidance results in a 

change to paperwork burden, EPA will 

revise the Information Collection 

Request. 

V. Request for Comment 

EPA is seeking public comment on 

both the draft updated guidance 

document and the associated draft cost 

tool. While EPA welcomes information 

and comments on all issues related to 

the guidance, this Notice requests 

specific comment, relevant information, 

or data on the following topics, as 

appropriate: (1) the types and 

availability of data and information 

being requested from state applicants, 

(2) whether additional clarifications are 

needed in any of the state application 

sections, (3) the appropriateness, use, 

and accuracy of default values and 

assumptions used in the draft cost tool, 

and (4) how frequently the agency 

should update the default values used 

in the draft cost tool. 

The draft updated guidance document 

and draft cost tool are available for 

review in EPA’s docket and on EPA’s 

website at https://www.epa.gov/vesselsmarinas-and-ports/guidance-vesselsewage-no-discharge-zone-applications. 

Benita Best-Wong, 

Deputy Assistant Administrator. 

[FR Doc. 2022–13657 Filed 6–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL TRADE COMMISSION 

[File No. 211 0140] 

JAB/SAGE Veterinary; Analysis of 

Agreement Containing Consent Orders 

To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement; 

request for comment. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair methods 

of competition. The attached Analysis of 

Proposed Consent Orders to Aid Public 

Comment describes both the allegations 

in the complaint and the terms of the 

consent orders—embodied in the 

consent agreement—that would settle 

these allegations. 

DATES: Comments must be received on 

or before July 27, 2022. 

ADDRESSES: Interested parties may file 

comments online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Please write: ‘‘JAB/SAGE 

Veterinary; File No. 211 0140’’ on your 

comment and file your comment online 

at https://www.regulations.gov by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, please mail your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Suite CC–5610, (Annex D), 

Washington, DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Mike Barnett (202–326–2362), Bureau of 

Competition, Federal Trade 

Commission, 400 7th Street SW, 

Washington, DC 20024. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis of Agreement Containing 

Consent Orders to Aid Public Comment 

describes the terms of the consent 

agreement and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

website at this web address: https://

www.ftc.gov/news-events/commissionactions. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before July 27, 2022. Write ‘‘JAB/SAGE 

Veterinary; File No. 211 0140’’ on your 

comment. Your comment—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the https://

www.regulations.gov website. 

Due to protective actions in response 

to the COVID–19 pandemic and the 

agency’s heightened security screening, 

postal mail addressed to the 

Commission will be delayed. We 

strongly encourage you to submit your 

comments online through the https://

www.regulations.gov website. 

If you prefer to file your comment on 

paper, write ‘‘JAB/SAGE Veterinary; 

File No. 211 0140’’ on your comment 

and on the envelope, and mail your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Suite CC–5610, (Annex D), 

Washington, DC 20580. 

Because your comment will be placed 

on the publicly accessible website at 

https://www.regulations.gov, you are 

solely responsible for making sure your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include sensitive personal information, 

such as your or anyone else’s Social 

Security number; date of birth; driver’s 

license number or other state 

identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure your 

comment does not include sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including competitively sensitive 

information such as costs, sales 

statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 4.9(c). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on https://

www.regulations.gov—as legally 

required by FTC Rule 4.9(b)—we cannot 

redact or remove your comment from 

that website, unless you submit a 

confidentiality request that meets the 


jspears on DSK121TN23PROD with NOTICES1