Proposed Consent Decree, Clean Water Act Claim, 62080-62081 [2023-19433]
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62080
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
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]
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:
Proposed Consent Decree, Clean
Water Act Claim
I. Additional Information About the
Proposed Consent Decree
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed consent
decree; request for public comment.
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
AGENCY:
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.
SUMMARY:
PO 00000
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
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.’’
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
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
Equal Employment
Opportunity Commission.
ACTION: Final notice of information
collection under review; ADEA waivers.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Equal Employment
SUMMARY:
PO 00000
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Fmt 4703
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62081
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
E:\FR\FM\08SEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62080-62081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19433]
-----------------------------------------------------------------------
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: [email protected].
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
[[Page 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-epa-dockets. 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
