Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 29757 

characterize the chemical substance or 

mixture, EPA may release a version of 

the chemical identity with the process 

information removed. 

EPA premanufacture notification 

regulations at 40 CFR 720.90(c) state 

that EPA will deny a confidentiality 

claim for chemical identity in a health 

and safety study submitted as part of a 

premanufacture notice unless: 

1. The information in turn discloses 

process information, 

2. The information discloses portions 

of a mixture, or 

3. ‘‘[t]he specific chemical identity is 

not necessary to interpret a health and 

safety study’’ (see also 40 CFR 725.92(c) 

regarding microbial commercial activity 

notices). Consistent with the intent of 

TSCA section 14(b) to allow broad 

public availability of health and safety 

data, with limited exceptions, EPA 

intends to interpret paragraph 3. 

narrowly. 

IV. Why is EPA Taking this Action? 

Part of the Agency’s mission is to 

promote public understanding of 

potential risks by providing 

understandable, accessible, and 

complete information on potential 

chemical risks to the broadest audience 

possible. In support of this mission, 

EPA posts useful information about 

chemical substances regulated under 

TSCA for the public on its website 

(http://www.epa.gov/oppt/index.htm). 

One important source of this 

information is health and safety studies 

submitted to the Agency. The TSCA 

section 14(b) exclusion from 

confidential protection for information 

from health and safety studies indicates 

the importance attributed by Congress to 

making such information available to 

the public. Chemical identities in 

particular constitute basic information 

that helps the public to place risk 

information in context. Making public 

chemical identities in health and safety 

studies whose confidentiality is 

precluded by TSCA will support the 

Agency’s mission. 

List of Subjects 

Environmental protection, Chemicals, 

Confidential Business Information, 

Health and safety, Reporting and 

recordkeeping. 

Dated: May 20, 2010. 

Stephen A. Owens, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2010–12646 Filed 5–26–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9155–2] 

New York State Prohibition of 

Discharges of Vessel Sewage; Final 

Affirmative Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of determination. 

SUMMARY: Notice is hereby given that 

the Regional Administrator of the 

Environmental Protection Agency— 

Region 2, has determined that adequate 

facilities for the safe and sanitary 

removal and treatment of sewage from 

all vessels are reasonably available for 

the waters of the New York State (NYS) 

Canal System, including the 524 linear 

miles of navigable waterways within the 

Erie, Oswego, Champlain, and CayugaSeneca canal segments, and including 

Onondaga, Oneida, and Cross Lakes. 

SUPPLEMENTARY INFORMATION: On April 

30, 2009, the State of New York 

petitioned the Regional Administrator, 

EPA—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, for a determination 

that adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the NYS Canal System. 

The NYS Department of 

Environmental Conservation (NYSDEC), 

in collaboration with the New York 

State Canal Corporation, the New York 

Department of State, and the New York 

State Environmental Facilities 

Corporation, prepared and submitted 

the petition, and NYSDEC certified the 

need for greater protection of the water 

quality in the NYS Canal System. 

The waters of the proposed No 

Discharge Zone fall within the 

jurisdictions of the NYS Thruway 

Authority and NYS Canal 

Recreationway Commission, and 

include four distinct segments of the 

NYS Canal System. Adequate pumpout 

facilities are defined as one pumpout 

station for every 300 to 600 boats, 

pursuant to the Clean Vessel Act: 

Pumpout Station and Dump Station 

Technical Guidelines (59 FR 11290–02). 

Findings: Potential vessel population 

in the NYS Canal System was 

determined using three sources of 

information: slips (6,896), boater 

registrations (21,201), and lockings 

(23,278). Based on the numbers 

determined through these sources and 

the number of pumpouts available (87), 

the following ratios were determined: 

using number of slips: 1:80, using NYS 

Boater Registrations 1:243, and using 

number of lockings: 1:267, respectively. 

Thus adequate pumpouts are available 

for all boaters using the NYS Canal 

System. For all vessel waste disposal 

from pumpouts, there are 87 NYS Clean 

Vessel Assistance Program (CVAP) 

completed projects, 4 dispose of wastes 

to an on-site septic system, 21 dispose 

to a holding tank and 62 dispose to a 

municipal wastewater treatment plant. 

Thus all vessel sewage will be either 

discharge into State approved and 

regulated septic tanks or holding tanks 

for transport to a sewage treatment 

plant. Online maps are provided at 

http://www.nysefc.org/maps and 

include Google maps of pumpout 

locations and marina sheets that provide 

boaters with detailed availability 

information. Based on the above, EPA 

Region 2, has determined that adequate 

facilities for the safe and sanitary 

removal and treatment of sewage from 

all vessels are reasonably available for 

the waters of the New York State (NYS) 

Canal System. The following is a 

summary of EPA’s findings regarding 

the adequacy of pumpout facilities for 

the four Canal System segments at issue: 

Champlain Canal 

The Champlain Canal encompasses an 

area from the Federal lock in Troy, NY, 

to Whitehall, NY. The Champlain Canal 

leads north to Lake Champlain. Lake 

Champlain is a large waterbody that is 

already designated as a No Discharge 

Zone (NDZ) for vessel sewage, and the 

direct disposal of greywater into the 

lake is also prohibited. The total travel 

distance of the canal area is 60 miles, 

and to travel the entire length takes 

approximately 7 hours. There are 276 

slips available and 7 operating 

pumpouts on the Champlain Canal. The 

1:300 ratio would only require one 

pumpout, if the calculation were based 

solely on the number of slips. The 

availability of seven pumpouts for this 

canal meets the criteria for sufficient 

pumpout access, even accounting for 

some additional demand from transient 

traffic. The NYS side of Lake Champlain 

has an additional 1,014 slips available 

and 8 additional pumpouts. 

Erie Canal 

The Erie Canal stretches from 

Waterford (at the confluence of the 

Mohawk and Hudson Rivers) to the 

Tonawandas (at the Niagara River), 

traveling through Oneida Lake and 

Cross Lake, and connecting to Onondaga 

Lake along the way. This portion of the 

Canal is 338 miles long and has 44 

pumpouts available for 2,555 slips. 

Achieving a 1:300 ratio would require a 

minimum of nine pumpouts for the 


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29758 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 

current number of slips. Therefore, there 

is more than a sufficient number of 

pumpouts for this canal segment as a 

whole. 

Oswego Canal 

The Oswego Canal is a 24-mile-long 

stretch from the main Erie Canal up to 

the Port of Oswego and Lake Ontario. 

This section of the canal has 407 slips 

and three pumpouts, all located at the 

City of Oswego terminus. The travel 

time for the length of this segment is 

approximately two hours and 20 

minutes. Along the way, the Minetto 

River View Park in Minetto and the 

Canal Park Marina in Fulton have 

restrooms available for boaters. 

Cayuga-Seneca Canal 

The Cayuga-Seneca Canal is a small, 

12-mile-long section of the larger canal 

that veers from the main Erie Canal and 

intersects with two Finger Lakes— 

Cayuga and Seneca Lakes. It contains 

582 slips and seven pumpouts. In 

addition, although the two lakes are not 

included in this NYS Canal NDZ 

application, there are 7 pumpouts 

available in Cayuga and 5 pumpouts 

available in Seneca. 

Public Comments: EPA published a 

notice of petition and tentative 

affirmative determination on March 15, 

2010 in the Federal Register (75 FR 

12233–01). Public comments were 

solicited for 30 days, and the comment 

period ended on April 14, 2010. EPA 

Region 2 received a total of forty-eight 

(48) comments. All the comments 

received are in favor of the NDZ 

designation with some suggestions and 

questions. 

EPA received letters from the 

following individuals: 

1. George E. Wegman, Rochester, NY 

2. Meredith J. Sorenoen, Fairport, NY 

3. Eugene Spanganberg, Farmington, NY 

4. Roberta Przybylowicz, Webster, NY 

5. Barbara S. Rivette, Chair, Onondaga 

County Council on Environmental 

Health, Syracuse, New York 

EPA received e-mails from the 

following individuals: 

1. Richard Steinheider, Pittsford, NY 

2. Paul Miller, Churchville, NY 

3. Gary & Carmela Gilbert 

4. Doug Hitchcock, Fairport, NY 

5. Richard Carello, Canastota, NY 

6. Craig Farnsworth 

7. Patrick Micari, Fairport, NY 

8. Diane Worske, Johnstown, NY 

9. Sara Jackson, West Melbourne, FL 

10. Captain Hugh Warfle 

11. Emily Castner, Pittsford, NY 

12. Sean Patrick Mulvery, Pittsford, NY 

13. Rob Peterson, Penfield, NY 

14. Marci Wilcove, Pittsford, NY 

15. Bill Campbell 

16. Brian S. Smith, Ontario, NY 

17. Sandy Leary, Webster, NY 

18. Wade Hughes 

19. Bernard McCullen, Pittsford, NY 

20. Bill Pullis, Pittsford, NY 

21. Stephanie Post, Waterloo, NY 

22. Charles Gibson 

23. J. Potter 

24. Roger Schurkamp 

25. James Whitney 

26. Janet Blaser 

27. William Wood, NY 

28. Charlotte Witte, Conesus, NY 

29. Marty La Nay 

30. Melody Burdekin, Pittsford, NY 

31. Tina McKean, Scottsville, NY 

32. Margaret Y. Myers 

33. Beth Tarduno 

34. Maria Tarduno 

35. Gene Dichiara, Rochester, NY 

36. Pete Deloe 

37. James Walsh, Pittsford, NY 

38. Constance M. Glover, Fairport, NY 

39. G. Terry Thomas 

40. Peter Collinge, Henrietta, NY 

41. Edmund Brescia, Staten Island, NY 

42. Cindy Halpern, Pittsford, NY 

43. Russell Nemecek, Syracuse, NY 

Summary of Comments and EPA’s 

Responses: All forty-eight (48) 

commenters expressed strong support 

for the establishment of a NDZ for the 

NYS Canal System and commented that 

this Final Determination was an 

important step in protecting the water 

quality and the resources of the canal 

system. They raised the following issues 

or suggestions regarding the NDZ 

designation. 

Issue 1: One commenter stated that 

chlorine is introduced in large amounts 

through the disinfection of the final 

effluent from the on-line sewer plants 

on all tributaries flowing into Oneida 

Lake, and suggested that the potential 

adverse impact of the residual chlorine 

on biota and drinking water might be 

avoided by employing other means to 

disinfect the final effluent from the 

treatment plants, such as ultraviolet 

light or ozone. 

EPA Response: This comment is on a 

topic that is beyond the scope of this 

action, as this action does not involve 

treatment standards for sewage 

treatment plants. 

Issue 2: One commenter stated that, in 

addition to the boaters, there are many 

homes along the waterways that are 

dumping directly into the canal system. 

EPA Response: This comment is on a 

topic that is beyond the scope of this 

action, as this action only addresses the 

discharge of sewage from vessels. If the 

commenter has specific information 

regarding unpermitted discharges from 

homes into the canal system, the 

commenter should report that 

information to the NYSDEC. 

Issue 3: Many commenters expressed 

concerns about the adequacy of existing 

pumpout facilities in the NYS Canal 

System, including the total number of 

facilities and the conditions and 

availability of the pumpouts. 

EPA Response: The criterion 

established by the Clean Vessel Act 

regarding the adequate number of 

pumpouts per vessel population is one 

pumpout per 300 to 600 vessels. As 

described above, NYSDEC has 

submitted pumpout information 

(including location, phone numbers, 

lat./long., VHF channel, dates and hours 

of operation, fees, and capacity) 

demonstrating that all areas of the NYS 

Canal System meet or exceed this 

criterion. Therefore, EPA has 

determined that there are adequate 

pumpout facilities. 

Issue 4: One commenter stated that 

the newly proposed NDZ for the NYS 

Canal System leads to the wrong 

impression that boaters have been, and 

continue to be, polluting the canal with 

human wastes. The commenter thought 

that the current Coast Guard Regulations 

prohibit discharge of waste within three 

miles of shore and, therefore, that there 

were no sewage discharges allowed by 

boaters into the canal. 

EPA Response: Federal law prohibits 

the discharge of untreated sewage from 

vessels into any waters of the U.S., 

which include territorial seas within 

three miles of shore. However, boats 

with Type I and Type II Marine 

Sanitation Devices may discharge 

treated effluent in coastal waters 

UNLESS they are in a No Discharge 

Zone. A Type III marine sanitation 

device (holding tank) is the only type 

that can be used legally in a NDZ. Once 

a NDZ is established, vessels cannot 

discharge treated or untreated sewage 

into the waterbody (40 CFR 140.4). 

Issue 5: One commenter stated that 

states should designate all of their 

surface waters as NDZ. Several 

commenters stated that the proposed 

NDZ for the NYS Canal System should 

have been established much sooner to 

protect the water quality throughout the 

Canal System. 

EPA Response: Under the Clean Water 

Act, states may petition, by a written 

application, for a NDZ designation from 

the EPA Regional Administrator under 

Sections 312(f)(3), 312(f)(4)(A), or 

312(f)(4)(B) of the Clean Water Act. To 

initiate the NDZ process, an interested 

party, group, or local government can 

discuss their concerns with the State 

agency or agencies responsible for 

addressing vessel sewage discharges. If 

the State determines a waterbody to be 


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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 29759 

appropriate for designation as a NDZ, 

the State can submit to the EPA 

Regional Administrator an application 

to have the waterbody (or waterbodies) 

of concern designated. The application 

and designation process varies 

depending upon the type of NDZ that 

the State is seeking. 

Issue 6: Several commenters suggest 

that stricter enforcement regulations for 

sewage discharge in the NYS Canal 

System are needed. 

EPA Response: New York State’s 

enforcement authority of NDZs is 

addressed in the New York State 

Navigation Law. Under Article 3, 

Section 33(e), paragraph 4 ‘‘any vessel 

being operated upon waters of the State 

that have been designated as a vessel 

waste NDZ may be boarded and 

inspected by the department or health 

department or any lawfully designated 

agents or inspectors thereof * * *’’ All 

certified peace officers are agents of the 

State, which means that any bona-fide 

law enforcement officer (State, County, 

Village police, including bay constables, 

Harbor Masters, etc.) has the authority 

to enforce the NDZ. Therefore, EPA 

believes that New York State’s ability to 

enforcement the NDZs is sufficient. 

While information on each pumpout 

was published in the March 15, 2010, 

some information was missing at that 

time. Therefore, the following listings 

complete those pumpout facility 

descriptions that were incomplete. 

Name: Brockport Lift Bridge. 

Phone Number: (585) 637–5300. 

Lat./Long.: 43.216898/–77.938367. 

VHF Channel: None. 

Dates of Operation: May 1–October 

15, Mon.–Sun. 

Hours of Operation: 24 Hours. 

Facility Fee: $0.00. 

Vessel Size: Unlimited. 

Disposal/Treatment: Connection to 

Municipal System. 

Facility Fee: $0.00. 

Name: Village of Fairport, NY. 

Phone Number: (585) 421–3240. 

Lat./Long.: 43. 100742/–77.440136. 

VHF Channel: None. 

Dates of Operation: Memorial Day– 

November 1, Mon.–Sun. 

Hours of Operation: 24 hrs. 

Facility Fee: $0.00. 

Vessel Size: 40′. 

Disposal/Treatment: N/A. 

Name: Little Falls Canal Harbor. 

Phone Number: (315) 823–2400. 

Lat./Long.: 43.034692/–74.865492. 

VHF Channel: 16. 

Dates of Operation: Memorial Day– 

November 1, Mon.–Sun. 

Hours of Operation: 7 a.m. to 10 p.m. 

Facility Fee: $0.00. 

Vessel Size: Unlimited. 

Disposal/Treatment: Septic. 

Name: Schenectady Yacht Club, Inc. 

Phone Number: (585) 384–3707. 

Lat./Long.: 42.850978/–73.88734723. 

VHF Channel: 16. 

Dates of Operation: Memorial Day– 

November 1, Mon.–Sun. 

Hours of Operation: 24 Hours. 

Facility Fee: $0.00. 

Vessel Size: Unlimited. 

Disposal/Treatment: N/A. 

In addition, some pumpouts that were 

included in the tentative decision are no 

longer available. These are listed below. 

Midway Marina and Service, 

Weedsport, NY, Fisher Bay Marina, 

Bridgeport, NY, Cold Springs Harbor, 

Baldwinsville, NY. 

Determination: EPA hereby 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 the New York 

State Canal System, including the 524 

linear miles of navigable waterways 

within the Erie, Oswego, Champlain, 

and Cayuga-Seneca canal segments, and 

including Onondaga, Oneida, and Cross 

Lakes. 

Dated: May 14, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–12653 Filed 5–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Notice of Open Meeting of the 

Advisory Committee of the ExportImport Bank of the United States 

(Ex-Im Bank) 

Summary: The Advisory Committee 

was established by Public Law 98–181, 

November 30, 1983, to advise the 

Export-Import Bank on its programs and 

to provide comments for inclusion in 

the reports of the Export-Import Bank of 

the United States to Congress. 

Time and Place: Monday, June 7, 

2010 from 9 a.m. to 1 p.m. The meeting 

will be held at Ex-Im Bank in the Main 

Conference Room 1143, 811 Vermont 

Avenue, NW., Washington, DC 20571. 

Agenda: Agenda items include a focus 

on the congressionally mandated 

Competitiveness Report, which focuses 

on how Ex-Im Bank’s programs compare 

with their major G–7 ECA counterparts 

during 2009. 

Public Participation: The meeting will 

be open to public participation, and the 

last 10 minutes will be set aside for oral 

questions or comments. Members of the 

public may also file written statement(s) 

before or after the meeting. If you plan 

to attend, a photo ID must be presented 

at the guard’s desk as part of the 

clearance process into the building, and 

you may contact Susan Houser to be 

placed on an attendee list. If any person 

wishes auxiliary aids (such as a sign 

language interpreter) or other special 

accommodations, please contact, prior 

to June 2, 2010, Susan Houser, Room 

1273, 811 Vermont Avenue, NW., 

Washington, DC 20571, Voice: (202) 

565–3232 or e-mail: 

susan.houser@exim.gov. 

Further Information: For further 

information, contact Susan Houser, 

Room 1273, 811 Vermont Ave., NW., 

Washington, DC 20571, (202) 565–3232. 

Jonathan Cordone, 

Senior President and General Counsel. 

[FR Doc. 2010–12541 Filed 5–26–10; 8:45 am] 

BILLING CODE 6690–01–M 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Update to Notice of Financial 

Institutions for Which the Federal 

Deposit Insurance Corporation Has 

Been Appointed Either Receiver, 

Liquidator, or Manager 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Update Listing of Financial 

Institutions in Liquidation. 

SUMMARY: Notice is hereby given that 

the Federal Deposit Insurance 

Corporation (Corporation) has been 

appointed the sole receiver for the 

following financial institutions effective 

as of the Date Closed as indicated in the 

listing. This list (as updated from time 

to time in the Federal Register) may be 

relied upon as ‘‘of record’’ notice that the 

Corporation has been appointed receiver 

for purposes of the statement of policy 

published in the July 2, 1992 issue of 

the Federal Register (57 FR 29491). For 

further information concerning the 

identification of any institutions which 

have been placed in liquidation, please 

visit the Corporation Web site at http:// 

www.fdic.gov/bank/individual/failed/ 

banklist.html or contact the Manager of 

Receivership Oversight in the 

appropriate service center. 

Dated: May 24, 2010. 

Federal Deposit Insurance Corporation 

Pamela Johnson, 

Regulatory Editing Specialist. 


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