### Federal Register/ 

### Vol. 65, 

### No. 186

### / 

### Monday, September 25, 

### 2000

### / 

### Notices 57605

~~ This is 

### a request for extension of a currently approvedcollection.



### Abstract: The New Source Performance Standards (NSPS)for Storage Vessels for Petroleum Liquids, subpartK was proposed on June 11, 1973 and promulgated on March 8, 1974 (39FR 9308). These performance standards apply to storage vessels of petroleum liquids for which construction,reconstruction, or modification commenced after June 11, 1973,and prior to May 19, 1978. Facilities subjectto this subpart are not exceeding 246,052 liters (65,000 gallons), and commences construction

or modification after March 8, 1974,and prior to May 19, 1978; and storage vessel that has a capacity greater than 246,052 liters (65,000 gallons),and

commences construction or modification after June 11, 1973,and prior to May 19, 1978. There are approximately 220 respondents, reporting on approximately 5,500 petroleum storage vessels that are subject to this standard.

The Subpart K standards require the owncr/operator to document the activities of, the storage period, the maximum true vapor pressure, andthe type of petroleum liquid stored. This informationis recorded only when a petroleum liquid is changed inthe storage vessel. {Jnderthe standard, the data collected by the affected industry
must be retained at the facility for a minimum of two years, and made available to the Administrator either on request or by inspection.

The information generatedby the recordkeeping and reporting requirements described above will be used by the Agency to ensure that facilitiesaffected by the NSPS continue
to operate in compliance with the NSPS. Notification of construction, reconstruction and startup will indicate
to enforcementpersonnel when a new affected facility has been constructed and,therefore, is subject to the current NSPS subpart Kb standards. The information collected from the recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality
to be used as evidence in court. Informationis required to be collected and maintained as follows: records are required to be retained for 2 years, section 60.2; owner/operator shall maintain a record of the petroleum liquid stored, the period of storage and the maximum true vapor pressure of that liquid during the respective storage period, section 60.113; filing a report for construction/reconstruction, section 60.7(a)(l)and filing a report on 

### a physical 

### or operational change,section 60.7(a)(4).

An agency may not conduct or sponsor, and a person is not required to respond to, a collectionof 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 

### Federal Register document required under 5 CFR 1320.8(d), soliciting comments on this collection 

### of information was published on April 18,2000,( 65 FR 20813). No comments

were received.



### Burden Statement:The annual public reporting and recordkeepingburden for this collection of informationis estimated to average 170hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain,



### or disclose 

### or provide informationto or for a Federal agency. This includes the time needed to review instructions; develop,acquire,install,andutilize technology and systems for the purposes of collecting, validating, and verifying information,processing and maintaining information, and disclosing and providing information;adjust the existingways 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.



### Respondents/Affected Entities: Owners/Operators of Storage Vessels 

### for Petroleum Liquids.



### Estimated Number ofRespondents:
220.



### Frequency of 

### Response:Occasionally.


### Estimated TotalAnnualHour Burden: 678 hours.



### Estimated TotalAnnualized Capital and ObM 

### Cost Burden: $0.

Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates,and any suggested methods for minimizing respondentburden, including through the use of automated collection techniques to the following addresses. Please refer to EPA ICR No. 1797.02 and OMB Control No. 2060-0442 in any correspondence.

Dated: September 18, 2000.
Oscar Morales, Director, Collection Strategies Division. [FR Doc. 00-24572 Filed 9-22-00; 8:45 am]

BILLING CODE 656&5W ENVIRONMENTAL PROTECTION AGENCY
[FR L-6876-3; MM-HQ-2000-0004]

Clean Water Act Class 

### II: Proposed Administrative Settlement, Penalty Assessment and Opportunity

### To Comment Regarding NEXTLINK Communications, Inc.

AGENCY: EnvironmentalProtection Agency (EPA).
ACTION: Notice.

SUMMARY: EPA has entered into 

### a consent agreement with NEXTLINK Communications,Inc. and its subsidiaries to resolve violations of the Clean Water Act (“CWA”),and its implementing regulations. NEXTLINK failed to prepare SpillPrevention Control and Countermeasure(“SPCC”) plans for eleven facilities where they stored diesel oil in above ground tanks. EPA, as authorized by CWA section 311(b)(6),33 U.S.C. 1321(b)(6),has assessed a civil penalty for these violations. The Administrator, as required by CWA section 311(b)(6)(C),
33 U.S.C. 1321(b)(6)(C), is hereby providing public not.iceof, and an opportunity for interested persons to comment on, this consent agreement and proposed final order.
DATES: Comments are due 

### on or before October 25, 2000.
ADDRESSES: Mail written comments to the Enforcement & Compliance Docket and Information Center (2201A),Docket Number EC-2000-008, Office of Enforcement and Compliance Assurance,U.S. Environmental Protection Agency, 1200Pennsylvania Avenue, NW., Mail Code 2201A, Washington,

### DC 20460. (Commentsmay be submitted on disk inWordperfect 8.0



### or earlier versions.) Written comments may be delivered in person to: Enforcement and Compliance Docket Information Center, [J.S. Environmental Protection Agency, Rm. 4033, Ariel Rios Bldg., 1200Pennsylvania Avenue,NW., Washington,DC. Submit comments electronicallyto 

### docket.oeca@epn.gov. Electronic comments may be filed online at many Federal Depository Libraries.

The consent agreement, the proposed final order, and public comments,if any,may be reviewed at the Enforcement and Compliance Docket Information Center, U.S. Environmental Protection Agency, Rm. 4033, Ariel Rios Bldg., 1200Pennsylvania Avenue,NW., Washington,DC. Persons interested in reviewing these materials must make arrangementsin advanceby calling the docket clerk at 202-564-2614. A

### 57606 

### Federal Register/ Vol. 65, 

### No. 186

### / 

### Monday, September 25, 2000

### / 

### Notices

reasonable fee may be charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Multimedia Enforcement Division (2248-A), 

### U.S. Environmental Protection Agency, 1200Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202)564-3271; fax: (202) 564-9001; e-mail: cavalier.bethQepa.gov.

SUPPLEMENTARY INFORMATION:



### Electronic Copies:Electroniccopies of this document are available from the EPA Home Page under the link “Laws and Regulations” at the Federal Register-Environmental Documents entry (http://www.epa.gov/fedrgstr).

I. Background

NEXTLINK Communications, Inc., a telecommunications company incorporated in the State of Delaware and located at 1505 Farm Credit Drive, McLean, Virginia 22102, failed to prepare SPCC plans for eleven facilities. NEXTLINK Communications, Inc. disclosed,pursuant to the EPA’s “Incentivesfor Self-Policing: Discovery, Disclosures, Correction and Prevention of Violations” (“AuditPolicy”),60 FR 66,706 (December 22, 1995),that they failed to prepare SPCC plans for eleven facilities where they stored diesel oil in above ground storage tanks, in violation of the CWA section 311(b)(3)and 40 CFR Part 112.EPA determined that NEXTLINK met the criteria set out in the Audit Policy for a 100% waiver of the gravity component of the penalty. As a result, EPA waived the gravity based penalty ($43,856.30) and proposed a settlement penalty amount ofthree thousand, six hundred and three ($3,603.00).This is the amount of the economicbenefit gained by NEXTLINK, attributable to their delayed compliance with the SPCCregulations. NEXTLINK Communications, Inc. has agreed to pay this amount in civil penalties. EPA and NEXTLINK negotiated and signed an administrative
consent agreement,followingthe Consolidated Rules of Procedure, 40 CFR 22.13, 

### on September 7, 2000 (In

### Re: NEXTLINK Communications,Inc., Docket No. MM-HQ-2000-0004). This
consent agreement is subjectto public notice and comment under CWA section 311(b)(6),33 U.S.C. 1321(b)(6).

Under CWA section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner, operator,or person in charge of a vessel, onshore facility, or offshore facility from which oil is discharged in violation of the CWA section 311 (b)(3),33 U.S.C. 1321(b)(3), or who fails 

### or refuses to comply with any regulations that have been issued under CWA section 311(i), 33 U.S.C. 1321(j),may be assessed an administrative civil penalty of up to $137,500 by EPA. Class 

### I1 proceedings under CWA section 311(b)(6)are conducted in accordancewith 40 CFR 

### Part 22.

The procedures by which the public may comment on a proposed Class I1 penalty order, or participate in a Clean Water Act Class 

### I1 penalty proceeding,

are set forth in 40’CFR22.45. The deadlinefor submittingpublic comment

on this proposed final order is October 25,2000.All comments will 

### be transferred to the Environmental Appeals Board (“EAB”)of EPA for consideration.The powers and duties of the EAB are outlined in 40 CFR 22.04(a).

Pursuant to CWA section 311(b)(6)(C), EPA will not issue an order 

### in this proceeding prior to 

### the close of the public comment period.

List 

### ofSubjects

Environmental protection.
Dated: September 18,2000. David A. Nielsen, 

### Director,MultimediaEnforcementDivision, Office ofEnforcementand 

### Compliance Assurance. [FR Doc. 00-24574 Filed 9-22-00; 8:45 am]

BILLING CODE 6560-504

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested
September 20, 2000. SUMMARY: The Federal Communications Commission,as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection,

### as required by the Paperwork Reduction Act of 1995,Public Law 104-13. An
agency may not conduct or sponsor a collection of informationunless it displays a currently valid control number. No person shallbe subject to any penalty 

### for failing to comply with



### a collection of information subject to the Paperwork Reduction Act (PRA)that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of informationis necessary for the proper performance of the functions of the Commission,including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c)ways to enhance the quality, utility, and clarity of the information collected;and (d)ways to minimize the burden of the collection of information 

### on the respondents, including the use of automated collectiontechniques or otherforms of informationtechnology.

DATES: Written comments shouldbe submitted on orbefore November 24, 2000. If you anticipate that you will be submitting comments,but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon

as possible.
ADDRESSES: Direct all comments to Les Smith,Federal Communications Commissions, 445 12thStreet, S.W., Room 1-A804, Washington,DC 20554

or via the Internet to 1esmithQfcc.gov.

FOR FURTHER INFORMATIONCONTACT: 

### For additional information 

### or copies of the information collections contactLes Smith at (202)418-0217 or via the Internet at lesmith@fcc.gov.
SUPPLEMENTARY INFORMATION:



### OMB Number: 3060-XXXX. 

### Title:Section 79.2 Accessibility of Programming Providing Emergency Information.



### Form Number:None. 

### Type ofReview:Revision 

### of currently approved collection.



### Respondents:Business or other forprofit, Individuals or household,notfor-profit institutions,state,local or 

### tribal government.



### Number o Respondents: 100. 

### Estimate

# d timeper response: 1 hour
per complainant,2 hours per program provider.



### Frequency of 

### response:on occasion. 

### Total annual burden:275 hours. 

### Total annual cost: $5,000. 

### Needs and Uses:On July21,2000,the Commission adopted a Report and Order inMM Docket No. 99-339 In the Matter of Implementation of Video Description of Video Programming. This Report and Order adopted video description rules to make television

more accessible to persons with visual disabilities.Among other things,this Report and Order requires any broadcast station or multiple video programming distributor (MVPD)that provides local
emergency information as part of a regularly scheduled newscast,

### or as part of 

### a newscast that interrupts regularly scheduled programming,

### to make the critical details 

### of the information accessible to persons with visual disabilitiesin the affected local area. In addition, any broadcast station or MVPD that provides emergency information through a crawl 

### or scroll must accompany that informationwith an aural tone to alert persons with visual disabilities that the station or MVPD is providing this information.