Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38015 

Dated: July 21, 2009. 

Jim Willis, 

Director, Chemical Control Division, Office 

of Prevention, Pesticides and Toxic 

Substances. 

[FR Doc. E9–18195 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8937–3] 

Proposed Consent Decree and 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree and proposed settlement 

agreement; request for public comment. 

SUMMARY: In accordance with section 

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

(‘‘CAA’’ or ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent degree and proposed settlement 

agreement to address a lawsuit filed by 

the Business Coalition for Clean Air 

(BCCA) Appeal Group, Texas 

Association of Business, and Texas Oil 

and Gas Association in the United 

States District Court for the Northern 

District of Texas, Dallas Division in 

BCCA Appeal Group, et al. v. EPA, No. 

3–08CV1491–G (N.D. Tex.). Plaintiffs 

filed a complaint in this action on 

August 25, 2008, which alleges that EPA 

has failed to perform nondiscretionary 

duties pursuant to section 110(k)(1)(B) 

and (k)(2) of the Federal CAA, 42 U.S.C. 

7410(k)(1)(B) and (k)(2), to take final 

action on numerous Texas State 

Implementation Plan (‘‘SIP’’) air quality 

revisions by the statutory deadline. The 

SIP revisions are related to Texas New 

Source Review (NSR) air permitting and 

banking and trading rules. The proposed 

consent decree and proposed settlement 

agreement, if finalized, will collectively 

resolve plaintiffs’ claims in this matter. 

A schedule for acting on the SIP 

revisions is attached to the proposed 

consent decree and proposed settlement 

agreement. 

DATES: Written comments on the 

proposed consent decree and proposed 

settlement agreement must be received 

by August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0560, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail 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 3334, 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 Word 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: 

Victoria L. Johnson, Office of Regional 

Counsel, U.S. Environmental Protection 

Agency, Region 6 (6RC–M), 1445 Ross 

Ave., Dallas, TX 75202–2733; telephone: 

(214) 665–7569; fax number (214) 665– 

2182; e-mail address: 

johnson.victoria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree and Proposed 

Settlement Agreement 

The proposed consent decree and 

proposed settlement agreement resolve a 

lawsuit filed by BCCA seeking to 

compel action by the EPA under section 

110(k) of the CAA on identified SIP 

revisions submitted by the Texas 

Commission on Environmental Quality 

(TCEQ). The SIP revisions involve Texas 

NSR air permitting and banking and 

trading rules. The proposed consent 

decree and proposed settlement 

agreement provide that EPA shall sign 

for publication in the Federal Register 

a notice of final rulemaking to approve 

or disapprove, in whole or in part, the 

SIP revisions identified by the deadline 

specified in the Exhibit attached to each 

document and to deliver the notice 

promptly to the Office of the Federal 

Register. If EPA has discharged its 

obligations under the consent decree, 

the case will be dismissed with 

prejudice. Plaintiffs have agreed to stay 

this case in its entirety pending 

completion of, and subject to the terms 

of, the consent decree and settlement 

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 

consent decree and proposed settlement 

agreement from persons who were not 

named as parties or intervenors to the 

litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree and proposed settlement 

agreement if comments disclose facts or 

circumstances indicating that such 

consent is inappropriate, improper, 

inadequate, or inconsistent with the 

requirements of the Act. Unless EPA or 

the Department of Justice determines, 

based on any comment which may be 

submitted, that consent to the consent 

decree and settlement agreement should 

be withdrawn, the terms of the decree 

and agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree and Proposed Settlement 

Agreement 

A. How Can I Get A Copy of the 

Proposed Consent Decree and Proposed 

Settlement Agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2009–0560) contains a 

copy of the proposed consent decree 

and proposed settlement agreement. 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. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use 

http://www.regulations.gov 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 in paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov 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 the 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 


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38016 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

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 

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 http://www.regulations.gov 

Web site 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 http://www.regulations.gov, 

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: July 23, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–18197 Filed 7–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collections Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

July 27, 2009. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burdens, 

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 (PRA), Public Law No. 104– 

13. An agency may not conduct or 

sponsor a collection of information 

unless it displays a currently valid 

control number. Pursuant to the PRA, 

no person shall be subject to any 

penalty for failing to comply with a 

collection of information 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 PRA comments should 

be submitted on or before September 28, 

2009. 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: Interested parties may 

submit all PRA comments by e-mail or 

U.S. post mail. To submit your 

comments by e-mail, send them to 

PRA@fcc.gov and/or 

Cathy.Williams@fcc.gov. To submit your 

comments by U.S. mail, mark them to 

the attention of: Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street, SW., Washington, 

DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918 or send an 

e-mail to PRA@fcc.gov and/or 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: OMB 

Control Number: 3060–1089. 

Title: Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and 

Speech Disabilities; E911 Requirements 

for IP-Enabled Service Providers, CG 

Docket No. 03–123 and WC Docket No. 

05–196, FCC 08–151 and FCC 08–275. 

Form Number: Not Applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Individuals or 

households; Not-for-profit institutions; 

State, local or tribal government. 

Number of Respondents and 

Responses: 12 respondents; 5,608,692 

responses. 

Estimated Time per Response: 3 

minutes (.05 hours) to 1 hour. 

Frequency of Response: One-time, 

quarterly and on occasion reporting 

requirements; Recordkeeping 

requirement; Third party disclosure 

requirement. 

Total Annual Burden: 206,061. 

Total Annual Cost: $4,251,635. 

Obligation To Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in sections 1, 2, 4(i), (4)(j), 

225, 251, and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 225, 251, and 303(r). 

Nature and Extent of Confidentiality: 

An assurance of confidentiality is not 

offered because the Commission has no 

direct involvement in the collection of 

personally identifiable information (PII) 

from individuals and/or households. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On November 30, 

2005, the Commission released 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities; Access to Emergency 

Services, Notice of Proposed 

Rulemaking (VRS/IP Relay 911 NPRM), 

CG Docket No. 03–123, FCC 05–196, 

published at 71 FR 5221 (February 1, 

2006), which addressed the issue of 

access to emergency services for 

Internet-based forms of 

Telecommunications Relay Services 

(TRS), namely Video Relay Service 

(VRS) and Internet Protocol (IP) Relay. 

The Commission sought to adopt means 

to ensure that such calls promptly reach 

the appropriate emergency service 

provider. 

On May 8, 2006, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities; Misuse of IP Relay Service 

and Video Relay Service, Further Notice 

of Proposed Rulemaking (IP Relay/VRS 


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