Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices 24743 

16See Draft Revised Investigation Guidance, 65 

FR 39,650, 39,671 (proposed June 27, 2000). 

17 40 CFR 7.120(d)(1). 

18See Draft Revised Investigation Guidance, 65 

FR at 39,671. 

19 40 CFR 7.85(b), (f). 

20 In addition to considering information supplied 

by recipients, OCR will also evaluate information 

provided by complainants. 

21 40 CFR 7.120(d)(1)(iii). 

22 40 CFR 7.115(d)(2). 

23 40 CFR 7.130(b)(2). 

24 40 CFR 7.130(b)(3). 

25When preliminary finding has been made and 

the EPA is engaging in voluntary compliance in 

accordance with 40 CFR 7.115(d), EPA retains the 

discretion to contact the Recipient first. 

claims.16 Specifically, during the 

jurisdictional review of Title VI 

complaints, OCR may seek clarification 

regarding the issues articulated by the 

complainants.17 OCR may also request 

interviews of complainants or request 

additional information from the 

complainants during the course of an 

investigation. Finally, in appropriate 

cases, OCR may offer complainants and 

recipients an opportunity to participate 

in Alternative Dispute Resolution 

concerning the matters raised in the 

complaint. 

B. Recipients: EPA’s Draft 

Investigation Guidance states that OCR 

may work closely with recipients to 

ensure that the Agency has a complete 

and accurate record of all relevant 

information pertaining to the complaint, 

and a full understanding of the 

recipient’s position relating to the 

allegations.18 In order for OCR to 

perform the appropriate analyses, one of 

the most important things recipients 

may do as early as possible is to provide 

OCR with all of the information relevant 

to the complaint, including, but not 

limited to, background information, the 

permit application(s), monitoring data, 

computer modeling, other aspects of the 

recipient’s analysis of the application(s), 

and any information relating to steps the 

recipient took to address potential Title 

VI concerns. Moreover, under EPA’s 

Title VI regulations, OCR has the 

authority to obtain information from 

recipients and interview recipient 

staff.19 Full and expeditious disclosure 

of such information helps to facilitate 

resolution of Title VI complaints.20

EPA’s Title VI regulations provide the 

recipient with several opportunities to 

respond to the complaint and to any 

OCR finding. First, the recipient may 

make a written submission responding 

to, rebutting, or denying the allegations 

raised in a complaint.21 Second, OCR 

may attempt to resolve the complaint 

informally, during which time the 

recipient will be able to state its 

position. Third, if OCR makes a 

preliminary finding of noncompliance 

with the regulations, the recipient may 

submit a written response within 50 

calendar days of receiving the 

preliminary finding, demonstrating that 

the preliminary finding is incorrect or 

that compliance may be achieved 

through steps other than those 

recommended by OCR.22

Finally, if OCR begins the procedure 

to deny, annul, suspend, or terminate 

EPA assistance, recipients may request 

a hearing before an Administrative Law 

Judge (ALJ)23 and, if the ALJ’s decision 

upholds a finding of noncompliance, 

the recipient may then file exceptions 

with the Administrator.24

III. Proposed Position 

EPA has evaluated its current policy 

and practices on the role and 

opportunities of complainants and 

recipients in complaint processing and 

resolution efforts. The following is 

intended to clarify and expand on EPA’s 

existing policy and practices in this 

regard. 

EPA intends to follow these 

principles in the processing and 

resolution of Title VI complaints, as 

applicable and appropriate: 

A. Complaint Process 

1. EPA may seek clarification from the 

complainants during its initial review of 

the administrative complaint. At the 

time they file a complaint, complainants 

should provide EPA any relevant 

information available to them which 

supports their claim(s). 

2. Upon acceptance of a complaint, 

but prior to the initiation of an 

investigation, EPA will offer in 

appropriate cases, at EPA’s expense, 

complainants and recipients the 

opportunity to engage in Alternative 

Dispute Resolution efforts. EPA 

considers the ADR process to be a viable 

option for complainants and recipients 

to address some, if not all, of the issues 

raised in a complaint. 

3. EPA will continue its present 

practice of requesting additional 

information (e.g. interviews) from the 

complainants and recipients during the 

course of an investigation. 

4. EPA will make information in its 

case tracking system available. 

B. Informal Resolution And/Or 

Voluntary Compliance 

EPA may, at any point prior to a 

preliminary finding of compliance, seek 

to informally resolve complaints of 

discrimination. 

Following issuance of a preliminary 

determination of noncompliance, EPA 

may enter into a voluntary compliance 

agreement with a recipient to resolve a 

complaint. Where EPA issues a 

preliminary finding of noncompliance, 

in addition to notifying the recipient, 

per the regulations, EPA intends to 

notify complainant of said finding.25

EPA will also, at the appropriate time, 

notify the public of a preliminary 

finding of noncompliance by posting its 

decision on its public access Web sites. 

If resolution discussions are occurring 

between EPA and the recipient, EPA 

will use its discretion, when 

appropriate, to engage complainants 

who want to provide input on potential 

remedies, and EPA will determine based 

on its discretion when such engagement 

may occur during the process. For 

instance, EPA, in appropriate cases, may 

request and consider complainant’s 

input on potential remedies for the 

complaint and may forward the 

suggested remedies to the recipient for 

further discussion with EPA. 

Alternatively, depending on the 

complaint, EPA may seek and consider 

complainant’s input on potential terms 

of a settlement agreement. 

C. Alternative Dispute Resolution 

As stated above, EPA considers the 

ADR process to be a viable option for 

complainants and recipients to address 

some, if not all, of the issues raised in 

Title VI complaints. As appropriate, 

EPA may offer the complainant and the 

recipient an opportunity to engage in 

the ADR process at any stage in the 

complaint process, even if an 

investigation has started. 

Dated: April 16, 2013. 

Diane E. Thompson, 

Chief of Staff, Office of the Administrator. 

[FR Doc. 2013–09922 Filed 4–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9008–8] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7146 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements Filed 04/15/2013 Through 

04/19/2013 Pursuant to 40 CFR 

1506.9. 

Notice 

Section 309(a) of the Clean Air Act 

requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 


erowe on DSK2VPTVN1PROD with NOTICES
24744 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices 

on EISs are available at: http:// 

www.epa.gov/compliance/nepa/ 

eisdata.html. 

SUPPLEMENTARY INFORMATION: Due to 

EPA’s agency-wide furlough day on 

Friday, May 24th and the Federal 

holiday on Monday, May 27th, all EISs 

must be filed with EPA by Thursday, 

May 23rd by 5:00 p.m. eastern time for 

publication under a Notice of 

Availability in the Federal Register for 

Friday, May 31st. 

EIS No. 20130100, Draft EIS, USACE, 

CA, Placer Vineyards Specific Plan 

(SPK–1999–00737), Comment Period 

Ends: 06/10/2013, Contact: William 

Ness 916–557–5268. 

EIS No. 20130101, Final EIS, BLM, NV, 

Proposed Sloan Hills Competitive 

Mineral Material Sales, Review Period 

Ends: 05/28/2013, Contact: Shonna 

Dooman 702–515–5174. 

EIS No. 20130102, Final EIS, BLM, WY, 

Gateway West Transmission Line 

Project, Wyoming and Idaho, Review 

Period Ends: 06/28/2013, Contact: 

Walt George 307–775–6116. 

EIS No. 20130103, Final EIS, NMFS, 00, 

Amendment 5 to the Atlantic Herring 

Fishery Management Plan, Review 

Period Ends: 05/28/2013, Contact: 

Carrie Nordeen 978–281–9272. 

EIS No. 20130104, Draft EIS, FHWA, 

AZ, South Mountain Freeway (Loop 

202), Interstate 10 (Papago Freeway) 

to Interstate 10 (Maricopa Freeway), 

Comment Period Ends: 07/24/2013, 

Contact: Alan Hansen 602–382–8964. 

EIS No. 20130105, Draft EIS, FHWA, 

TX, US 281 from Loop 1604 to 

Borgfeld, Comment Period Ends: 07/ 

01/2013, Contact: Mr. Salvador 

Deocampo 512–536–5950. 

EIS No. 20130106, Final EIS, NMFS, 00, 

Amendment 5a to the 2006 

Consolidated Highly Migratory 

Species Fishery Management Plan, 

Review Period Ends: 05/28/2013, 

Contact: Peter Cooper 301–427–8503. 

EIS No. 20130107, Final EIS, NRCS, 

WY, Henrys Fork Salinity Control 

Project Plan and Irrigation 

Improvements, Review Period Ends: 

05/28/2013, Contact: Astrid Martinez 

307–233–6750. 

EIS No. 20130108, Final EIS, USA, HI, 

Construction and Operation of a 

Platoon Battle Course at Pohakuloa 

Training Area, Review Period Ends: 

05/28/2013, Contact: Linda B. 

McDowell 210–466–1593. 

Dated: April 23, 2013. 

Cliff Rader, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2013–09951 Filed 4–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK 

Postponement Notice of Open Special 

Meeting of the Sub-Saharan Africa 

Advisory Committee of the ExportImport Bank of the United States 

(Ex-Im Bank) 

SUMMARY: The Sub-Saharan Africa 

Advisory Committee was established by 

Public Law 105–121, November 26, 

1997, to advise the Board of Directors on 

the development and implementation of 

policies and programs designed to 

support the expansion of the Bank’s 

financial commitments in Sub-Saharan 

Africa under the loan, guarantee, and 

insurance programs of the Bank. 

Further, the Committee shall make 

recommendations on how the Bank can 

facilitate greater support by U.S. 

commercial banks for trade with SubSaharan Africa. 

Postponement: The Sub-Saharan 

Africa Advisory Committee of the 

Export-Import Bank of the United States 

must postpone its Tuesday, April 30, 

2013, Open Special Meeting until 

further notice. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Exa 

Richards, 811 Vermont Avenue NW., 

Washington, DC 20571, (202) 565–3455. 

Sharon Whitt, 

Director, Information Quality and Records 

Management. 

[FR Doc. 2013–09868 Filed 4–25–13; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being Reviewed 

by the Federal Communications 

Commission Under Delegated 

Authority 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice; request for comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burden and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520), the Federal Communications 

Commission invites the general public 

and other Federal agencies to take this 

opportunity to comment on the 

following information collection(s). 

Comments are requested concerning 

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; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; 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; and ways to 

further reduce the information burden 

for small business concerns with fewer 

than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB 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 OMB control 

number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before June 25, 2013. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Submit your PRA comments 

to Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or via Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith B. Herman, Federal 

Communications Commission, via the 

Internet at judith-b.herman@fcc.gov. To 

submit your PRA comments by email 

send them to: PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Judith B. Herman, Office of Managing 

Director, (202) 418–0214. 

SUPPLEMENTARY INFORMATION: 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 

Number of Respondents: 70 

respondents; 70 responses. 

Estimated Time per Response: 4 

hours. 

Frequency of Response: 

Recordkeeping requirement and on 

occasion reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections 154(i) 

and 309(j) of the Communications Act of 

1934, as amended. 

Total Annual Burden: 280 hours. 

Total Annual Cost: $42,400. 

Privacy Impact Assessment: N/A. 

Needs and Uses: The Commission is 

seeking OMB approval for an extension 

of this information collection in order to 

obtain the full three year approval from 

them. There are no changes to the 


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