Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 72193

• Keeping inspection records 

promotes important maintenance, 

facilitates leak detection, and 

demonstrates compliance with the SPCC 

requirements; and 

• Reviewing the Plan periodically 

ensures the implementation of more 

effective spill prevention control 

technology. 

Although the facility is the primary 

user of the data, EPA uses the data in 

certain situations. EPA’s primary use of 

the data contained in an SPCC Plan is 

to ensure that a facility is in full 

compliance with all elements of the 

SPCC regulation, including design and 

operation specifications and inspection 

requirements. EPA reviews SPCC Plans 

as part of EPA’s inspection program and 

when information is submitted because 

of an oil discharge. A Regional 

Administrator may require a facility 

owner or operator to amend the SPCC 

Plan if he finds that the facility has not 

met the requirements of the regulation 

or that Plan amendment is necessary to 

prevent and contain discharges of oil. If 

a facility does not amend its SPCC Plan, 

it may face civil penalties under the 

Clean Water Act. 

State and local governments are also 

users of the data. The information 

provided in SPCC Plans (e.g., facility 

configuration, capabilities, and potential 

risks) is not necessarily available 

elsewhere and can greatly assist local 

emergency preparedness planning 

efforts. The Plan should be compatible 

and coordinated with local emergency 

plans, including those developed under 

Title III of the Superfund Amendments 

and Reauthorization Act of 1986 (Pub. 

L. 99–499). Coordination with state 

governments is facilitated by the 

provision in § 112.4(c) requiring that, 

after certain discharges, information on 

the discharge be sent to the relevant 

state agencies. The flexibility with 

respect to formatting proposed in this 

rule promotes greater coordination with 

State planning efforts because the use of 

plans prepared pursuant to state 

regulations is encouraged. 

EPA is currently involved in an effort 

to estimate the universe of facilities 

regulated by the SPCC rule. The purpose 

of this effort is to include the full range 

of industries and number of affected 

facilities impacted by this rule. Given 

that the information used in this ICR is 

based on analysis and data collected 

between 1990 and 1996, we believe 

more current data will more accurately 

reflect today’s situation and give EPA 

and the universe of regulated facilities 

a truer picture of the impact of the 

regulation. 

None of the information to be 

gathered for this collection is believed 

to be confidential. 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 in 40 CFR are listed in 40 

CFR part 9.

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: An estimated 

427,211 existing facilities and 4,372 

new facilities are subject to the SPCC 

regulations in the first year of this ICR 

period. The breakdown by facility size 

is estimated to be 355,550 small 

facilities, 64,283 medium facilities, and 

11,750 large facilities subject to the 

information collection activities. A 1 

percent annual growth rate is assumed 

to continue for the duration of this ICR. 

The total hour burden to the entire 

regulated community over the threeyear period covered by the renewal ICR 

is approximately 5,196,061 hours, or 

1,732,020 hours annually. The net 

annual public reporting and 

recordkeeping burden for this collection 

of information, for newly regulated 

facilities is estimated to range from 35.1 

to 65.2 hours per facility, with an 

average burden of approximately 38.0 

hours, including time for reviewing 

instructions and gathering the data 

needed. The net annual public reporting 

and recordkeeping burden for facilities 

already regulated by the Oil Pollution 

Prevention regulation is estimated to 

range from 3.5 to 7.35 hours. These 

average annual burden estimates take 

into account the varied frequencies of 

response for individual facilities 

according to characteristics specific to 

those facilities, including frequency of 

oil discharges and facility 

modifications. 

For the typical existing small, 

medium, and large facility, the 

estimated total annual baseline costs for 

all information collection activities 

required by the SPCC regulation are 

$200, $199, and $345 per facility, 

respectively. For typical new small, 

medium, and large facility, the total 

annual baseline costs for all information 

collection activities required by the Oil 

Pollution Prevention regulation are 

estimated to be $2,695, $2,744, and 

$3,354 per facility, respectively. 

Estimated annual costs for new facilities 

are higher than for existing facilities 

because of the greater expense 

associated with initially preparing the 

Plan. Starting in the third year of this 

ICR, the net annualized capital and 

start-up costs for all facilities average 

$0.3 million, and net annualized labor 

and O&M costs are $74.5 million and 

$26.3 million, respectively. 

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: November 29, 2004. 

Dana S. Tulis, 

Deputy Director, Office of Emergency 

Management.

[FR Doc. 04–27262 Filed 12–10–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7847–3] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of Proposed Settlement 

Agreement; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement, to address a lawsuit filed by 

72194 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 

Automotive Refrigeration Products 

Institute, Automotive Aftermarket 

Industry Association, and 

Interdynamics (collectively, 

‘‘Petitioners’’): Automotive Refrigeration 

Products Institute, and Automotive 

Aftermarket Industry Association, et al.

v. EPA, No. 04–1158 (DC Cir.) 

(consolidated with No. 04–1159). On 

May 11, 2004, Petitioners filed petitions 

for review challenging the EPA’s final 

rule entitled ‘‘Protection of 

Stratospheric Ozone; Refrigerant 

Recycling Substitute Refrigerants’’

published on March 12, 2004 (69 FR 

11945). Under the terms of the proposed 

settlement agreement, EPA will 

undertake rulemaking acting to make 

certain corrections to the rule at issue. 

EPA will provide notice in the Federal 

Register and an opportunity for public 

comment. No later than 60 days after the 

date this Agreement becomes final, EPA 

shall sign either a notice of proposed 

rulemaking or a notice of direct final 

rulemaking and concurrent proposal to 

correct definitions of ‘‘refrigerant’’ and 

‘‘technician’’ and to ensure that it 

remains illegal to knowingly vent 

certain substances during described 

activities.

DATES: Written comments on the 

proposed settlement agreement must be 

received by January 12, 2005.

ADDRESSES: Submit your comments, 

identified by docket ID number OGC–

2004–0011, online at http://

www.epa.gov/edocket (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD–

ROM should be formatted in 

Wordperfect or ASCII file, avoiding the 

use of special characters and any form 

of encryption, and may be mailed to the 

mailing address above.

FOR FURTHER INFORMATION CONTACT:

Padmini Singh, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5641.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement 

Petitioners filed petitions for review 

of EPA’s final rule entitled ‘‘Protection 

of Stratospheric Ozone; Refrigerant 

Recycling; Substitute Refrigerants, 69 

FR 11945 (March 12, 2004), challenging 

the final rule. Once implemented the 

Settlement Agreement (the 

‘‘Agreement’’) would resolve these 

petitions for review. The Agreement, 

which is subject to CAA section 113(g), 

provides that EPA shall sign either a 

notice of proposed rulemaking or a 

notice of direct final rulemaking and 

concurrent proposal to correct the 

definitions of ‘‘refrigerant’’ and 

‘‘technician.’’ In addition, EPA will 

propose to amend 40 CFR 82.154(a) to 

ensure that it will continue to be illegal 

to knowingly vent pure HFCs, pure 

PFCs, class I or class II ozone-depleting 

substance, and blends of these 

substances during the service, 

maintenance, repair, or disposal of 

appliances. 

The Agreement also provides that 

within five days of its execution by the 

Parties but before the Agreement 

becomes final, the Parties shall file a 

joint motion with the Court notifying it 

of this Agreement and requesting that 

this case be held in abeyance pending 

implementation of the terms of the 

Agreement. Petitioners agree to 

voluntarily dismiss this case within 30 

days of final agency action if EPA takes 

action as described in the Agreement. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

settlement agreement from persons who 

were not named as parties or interveners 

to the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

settlement agreement if the comments 

disclose facts or considerations that 

indicate that such consent is 

inappropriate, improper, inadequate, or 

inconsistent with the requirements of 

the Act. Unless EPA or the Department 

of Justice determine, based on any 

comment which may be submitted, that 

consent to the settlement agreement 

should be withdrawn, the terms of the 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement 

A. How Can I Get A Copy of the 

Settlement? 

EPA has established an official public 

docket for this action under Docket ID 

No. OGC–2004–0011 which contains a 

copy of the settlement. 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 B102, 

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. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to submit or view public comments, 

access the index listing of the contents 

of the official 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 appropriate docket 

identification number. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or on paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in EPA’s electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and To Whom Do I Submit 

Comments? 

You may submit comments as 

provided in the ADDRESSES section. 

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 is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. 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 

Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 72195

* Session Closed-Exempt pursuant to 5 U.S.C. 

552b(c)(4), (8) and (9).

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. 

Your use of EPA’s electronic public 

docket 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, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the Docket without going 

through EPA’s electronic public docket, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket.

Dated: December 2, 2004. 

Lisa K. Friedman, 

Associate General Counsel, Air and Radiation 

Law Office, Office of General Counsel.

[FR Doc. 04–27259 Filed 12–10–04; 8:45 am] 

BILLING CODE 6560–50–P

FARM CREDIT ADMINISTRATION

Farm Credit Administration Board; 

Amendment to Sunshine Act Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Pursuant to the Government 

in the Sunshine Act (5 U.S.C. 

552b(e)(3)), the Farm Credit 

Administration gave notice on 

December 6, 2004 (69 FR 70443) of the 

regular meeting of the Farm Credit 

Administration Board (Board) 

scheduled for December 9, 2004. This 

notice is to amend the agenda by 

moving an item from the open to the 

closed session of that meeting.

FOR FURTHER INFORMATION CONTACT:

Jeanette C. Brinkley, Secretary to the 

Farm Credit Administration Board, 

(703) 883–4009, TTY (703) 883–4056.

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090.

SUPPLEMENTARY INFORMATION: Parts of 

this meeting of the Board were open to 

the public (limited space available), and 

parts were closed to the public. In order 

to increase the accessibility to Board 

meetings, persons requiring assistance 

should make arrangements in advance. 

The agenda for December 9, 2004, is 

amended by moving the following item 

to the closed session as follows: 

Closed Session*

• FCS of America Termination 

Summary.

Dated: December 9, 2004. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board.

[FR Doc. 04–27380 Filed 12–9–04; 3:05 pm] 

BILLING CODE 6705–01–P

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)).

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than 

December 27, 2004.

A. Federal Reserve Bank of Atlanta

(Sue Costello, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30303:

1. Charles C. Brooks, Crawford, 

Georgia; to acquire additional voting 

shares of TCB Bancshares, Inc., 

Crawford, Georgia, and thereby 

indirectly acquire voting shares of The 

Commercial Bank, Crawford, Georgia.

Board of Governors of the Federal Reserve 

System, December 7, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04–27255 Filed 12–10–04; 8:45 am]

BILLING CODE 6210–01–S

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below.

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/.

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than January 6, 

2004.

A. Federal Reserve Bank of Dallas

(W. Arthur Tribble, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201–

2272:

1. SBT Bancshares, Inc., Irving, Texas, 

and SBT Bancshares of Delaware, Inc., 

Wilmington, Delaware; to become bank 

holding companies by acquiring 100 

percent of the voting shares of State 

Bank of Texas, Irving, Texas.

Board of Governors of the Federal Reserve 

System, December 7, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04–27254 Filed 12–10–04; 8:45 am]

BILLING CODE 6210–01–S