[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Notices]
[Pages 14975-14976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7372]



[[Page 14975]]

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ENVIRONMENTAL PROTECTION AGENCY

[OW-2003-0014, FRL-7473-6]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Surveys to Determine the Effectiveness of No-Discharge 
Zones for Vessel Sewage and Marine Sanitation Devices

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the 
following proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Surveys to Determine the Effectiveness 
of No-Discharge Zones for Vessel Sewage and Marine Sanitation Devices, 
EPA ICR No. 2107.01. Before submitting the ICR to OMB for review and 
approval, EPA is soliciting comments on specific aspects of the 
proposed information collection as described below.

DATES: Comments must be submitted on or before May 27, 2003.

ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: James Woodley, Oceans and Coastal 
Protection Division, Office of Water, Environmental Protection Agency, 
4504T, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number:
    (202) 566-1287; fax number: (202) 566-1546; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OW-2003-0014, which is available for public 
viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460. 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 Reading Room is (202) 566-1744, and the telephone number 
for the Water Docket is (202) 566-2426. An electronic version of the 
public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the public docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice, according to the following detailed 
instructions: (1) Submit your comments to EPA online using EDOCKET (our 
preferred method), by email to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Water Docket, EPA West, 
4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, confidential business information (CBI), 
or other information whose public disclosure is restricted by statute. 
When EPA identifies a comment containing copyrighted material, EPA will 
provide a reference to that material in the version of the comment that 
is placed in EDOCKET. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in EDOCKET. For further information about the electronic 
docket, see EPA's Federal Register notice describing the electronic 
docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov.edocket.
    Affected entities: Entities potentially affected by this action are 
boat owners and operators, marina owners and operators, State and local 
governments, marine sanitation device (MSD) manufacturers, U.S. Coast 
Guard accepted independent laboratories, and other Federal Agencies.
    Title: Surveys to Determine the Effectiveness of No-Discharge Zones 
for Vessel Sewage and Marine Sanitation Devices; EPA ICR Number 
2107.01.
    Abstract: This ICR requests approval to collect information from 
boat owners and operators, marina owners and operators, and State and 
local government officials regarding the effectiveness of no-discharge 
zones. It also requests approval to collect information regarding the 
effectiveness of marine sanitation devices (MSDs) in removing harmful 
pollutants from the waste stream of the device. This information would 
be gathered from MSD manufacturers and U.S. Coast Guard accepted 
independent laboratories. Section 312 of the Clean Water Act mandates 
the use of MSDs on all vessels with installed toilets. There are three 
types of MSDs. Type I and Type II MSDs provide treatment of sewage that 
is to be discharged and rely on a variety of different technologies for 
treatment prior to discharge including maceration, chlorination, 
heating, filtering, and biological processes. Type III MSDs are holding 
tanks that provide minimal sewage treatment and can be installed on 
vessels of any size. Installed toilets on vessels of 65 ft. or less in 
length may be equipped with any of the three types of MSDs. Type I 
MSDs, which are only applicable to vessels up to 65 ft. in length, are 
required to produce an effluent with a fecal coliform bacteria count 
less than or equal to 1000 bacteria per 100 ml of seawater with no 
visible floating solids. For vessels greater than 65 ft., all installed 
toilets must be equipped with either Type II or Type III MSDs. The Type 
II MSDs are required to produce effluent with a fecal coliform count 
less than or equal to 200 bacteria per 100 ml of seawater and suspended 
solids less than or equal to 150 mg/l. Type III MSDs are holding tanks 
that are designed to prevent overboard discharge of any sewage. Also 
under section 312 of the Clean Water Act, with EPA's approval, States 
may designate a portion or all of their waters as no-discharge zones 
making all vessel sewage discharges illegal. States may designate their 
waters as no-discharge zones for vessel sewage to achieve any of the 
following objectives: (1) To protect aquatic habitats; (2) to protect 
special aquatic habitats or species such as coral reefs and shellfish 
beds; and (3) to safeguard human health by protecting drinking water 
intake zones. Under section 312(f)(3), States designate no-discharge 
zones for aquatic habitats by demonstrating to EPA that safe and 
adequate pumpout and dump facilities are available. Currently about 95% 
of the no-discharge zones designated have been done so under this 
provision. At a State's request, under sections 312(f)(4)(A) and (B), 
no-discharge zones for special aquatic habitats and drinking water 
intake zones, respectively, also can be established by regulation by 
EPA if the State demonstrates that additional protection of the aquatic 
environment is required. No-discharge zones established by regulations 
promulgated by EPA do not require the availability of pumpout or dump 
facilities. Currently, about 5% of the no-discharge zones for

[[Page 14976]]

vessel sewage have been designated by regulations promulgated by EPA. 
This information collection request will focus on the effectiveness of 
no-discharge zones for vessel sewage designated under Clean Water Act 
section 312(f)(3) and the effectiveness of current MSD technologies. 
There would be separate surveys developed for boat owners and 
operators, marina owners and operators, State and local government 
officials, MSD manufacturers, and U.S. Coast Guard accepted independent 
laboratories.
    The survey developed for boat owners and operators would address 
the boater's experience with using pumpout or dump facilities in no-
discharge zones. Specifically, the survey would seek information with 
regards to whether the pumpout or dump facilities were working or not 
working when the boater attempted to use them. It would address whether 
the boater would use the facilities if they were available and how 
often the boaters actually use the facilities. Respondents would be 
selected from North-Atlantic States, Mid-Atlantic States, California, 
the Florida Keys, and the Great Lakes. Approximately, 600 respondents 
from the geographical regions would be selected for response. The 
information collection would be voluntary and would not include CBI. 
The survey developed for marina owners and operators would address the 
downtime of pumpout and dump facilities located in no-discharge zones 
and the use of those facilities by boaters. Respondents would be 
selected from North-Atlantic States, Mid-Atlantic States, California, 
the Florida Keys, and the Great Lakes. Approximately, 80 marina owners 
or operators from the geographical regions would be selected for 
response. The information collection would be voluntary and would not 
include CBI. Also, a survey would be developed for State and local 
government officials to determine if the designation of no-discharge 
zones has been effective in addressing water quality issues of the 
particular water body, and if boaters were in compliance. Respondents 
would be selected from North-Atlantic States, Mid-Atlantic States, 
California, the Florida Keys, and the Great Lakes. Approximately, 100 
respondents from the geographical regions would be selected for 
response. The information collection would be voluntary and would not 
include CBI. The information collected from the surveys would be used 
to assess the overall effectiveness of no-discharge zones for vessel 
sewage established under Clean Water Act section 312(f)(3) to determine 
if modifications to the program are needed.
    An additional survey would be developed to review current MSD 
technology. The information on MSDs that would be requested includes 
effluent constituents and their concentrations; bacteria eradication 
processes and suspended solids removal; and cost and installation. This 
information would be used to help determine the effectiveness of the 
current MSD technologies. Approximately, 30 MSD manufacturers and 8 
U.S. Coast Guard accepted independent laboratories would be selected 
for response. Responding to the collection of information would be 
voluntary. The survey would provide instructions on the procedures for 
making CBI claims, and the respondents would also be informed of the 
terms and rules governing protection of CBI obtained under the Clean 
Water Act. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: EPA estimates that 35 marina owners and operators 
would respond to the survey. It would probably take 20 minutes to 
complete the survey. Also, EPA estimates that the total burden for 
marina owners and operators would be 12 hours and $240. EPA estimates 
that 350 boat owners and operators would respond to the survey, and at 
a maximum, it would take 20 minutes for each respondent to complete the 
survey. EPA estimates that the total burden for boat owners and 
operators would be 117 hours and $1,800. EPA estimates that 70 State 
and local government officials would respond to the survey, and at a 
maximum, it would take 2 hours for each respondent to complete the 
survey. EPA estimates that the total burden for State and local 
government officials would be 140 hours and $4,900. EPA estimates that 
20 MSD manufacturers would respond to the survey, and it would take 
them approximately 2 hours to complete it. The total burden for MSD 
manufacturers would be 40 hours, and the total cost would be $800. 
Lastly, EPA estimates that 7 U.S. Coast Guard accepted independent 
laboratories would respond to the survey. These laboratories test MSDs 
to certify that they meet the current MSD standards located at 40 CFR 
140.3. It would take each of them approximately 2 hours to complete the 
survey. The total burden on the U.S. Coast Guard accepted independent 
laboratories would be 14 hours, and the total cost would be $420. There 
is no start up or capital cost associated with the surveys described 
above. Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

    Dated: March 19, 2003.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 03-7372 Filed 3-26-03; 8:45 am]
BILLING CODE 6560-50-P