Federal Register/ Vol. 65, No. 186 / Monday, September 25, 2000 / Notices 57605 

~~ 

This is a request for extension of a 

currently approved collection. 

Abstract: The New Source 

Performance Standards (NSPS) for 

Storage Vessels for Petroleum Liquids, 

subpart K was proposed on June 11, 

1973 and promulgated on March 8, 1974 

(39 FR 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 subject to 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, and the 

type of petroleum liquid stored. This 

information is recorded only when a 

petroleum liquid is changed in the 

storage vessel. {Jnder the 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 generated by the 

recordkeeping and reporting 

requirements described above will be 

used by the Agency to ensure that 

facilities affected by the NSPS continue 

to operate in compliance with the NSPS. 

Notification of construction, 

reconstruction and startup will indicate 

to enforcement personnel 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. 

Information is 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 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 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 recordkeeping burden for 

this collection of information is 

estimated to average 170 hours per 

response. 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. 

Respondents/Affected Entities: 

Owners/Operators of Storage Vessels for 

Petroleum Liquids. 

Estimated Number of Respondents: 

220. 

Frequency of Response: Occasionally. 

Estimated Total Annual Hour Burden: 

678 hours. 

Estimated Total Annualized 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 

respondent burden, 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: Environmental Protection 

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 Spill Prevention 

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.ice of, 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, 1200 Pennsylvania 

Avenue, NW., Mail Code 2201A, 

Washington, DC 20460. (Comments may 

be submitted on disk in Wordperfect 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., 1200 Pennsylvania Avenue, NW., 

Washington, DC. Submit comments 

electronically to 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., 1200 Pennsylvania Avenue, NW., 

Washington, DC. Persons interested in 

reviewing these materials must make 

arrangements in advance by 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, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

telephone (202) 564-3271; fax: (202) 

564-9001; e-mail: 

cavalier.bethQepa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Copies: Electronic copies 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 

“Incentives for Self-Policing: Discovery, 

Disclosures, Correction and Prevention 

of Violations” (“Audit Policy”), 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 

of three thousand, six hundred and 

three ($3,603.00).This is the amount of 

the economic benefit gained by 

NEXTLINK, attributable to their delayed 

compliance with the SPCC regulations. 

NEXTLINK Communications, Inc. has 

agreed to pay this amount in civil 

penalties. EPA and NEXTLINK 

negotiated and signed an administrative 

consent agreement,following the 

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 subject to 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 accordance with 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 

deadline for submitting public 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 of Subjects 

Environmental protection. 

Dated: September 18, 2000. 

David A. Nielsen, 

Director, Multimedia Enforcement Division, 

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 information unless it 

displays a currently valid control 

number. No person shall be 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 

information is 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 

collection techniques or other forms of 

information technology. 

DATES: Written comments should be 

submitted on or before 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 12th Street, 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 contact Les 

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 of Review: 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. 

Estimatedtime per 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 July 21,2000, the 

Commission adopted a Report and 

Order in MM 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 

disabilities in the affected local area. In 

addition, any broadcast station or MVPD 

that provides emergency information 

through a crawl or scroll must 

accompany that information with an 

aural tone to alert persons with visual 

disabilities that the station or MVPD is 

providing this information.