Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices 73029 

Dated: November 30, 2012. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2012–29581 Filed 12–6–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. EL13–27–000; QF86–613–007] 

Western Power and Steam, Inc.; Notice 

of Petition for Declaratory Order 

Take notice that on November 30, 

2012, pursuant to section 292.205(c) of 

the Federal Energy Regulatory 

Commission’s (Commission) Rules of 

Practice and Procedure implementing 

the Public Utility Regulatory Policies 

Act of 1978, as amended, 18 CFR 

292.205(c), Western Power and Stream, 

Inc. (Western) filed a petition for 

declaratory order requesting a limited 

waiver, for calendar year 2012, of the 

qualifying facility operating and 

efficiency standards set forth in sections 

292.205(a)(1) and 292.205 (a)(2)(i)(B) of 

the Commission’s regulations for the 

topping-cycle cogeneration facility 

owned and operated by Western located 

at Bakersfield, California. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. On or before the 

comment date, it is not necessary to 

serve motions to intervene or protests 

on persons other than the Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive email notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please email 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5:00 p.m. Eastern 

Time on December 31, 2012. 

Dated: December 3, 2012. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2012–29578 Filed 12–6–12; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9006–4] 

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 11/26/2012 Through 11/30/2012. 

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 

on EISs are available at:http:// 

www.epa.gov/compliance/nepa/ 

eisdata.html. 

Supplementary Information: As of 

October 1, 2012, EPA will not accept 

paper copies or CDs of EISs for filing 

purposes; all submissions on or after 

October 1, 2012 must be made through 

e-NEPA. 

While this system eliminates the need 

to submit paper or CD copies to EPA to 

meet filing requirements, electronic 

submission does not change 

requirements for distribution of EISs for 

public review and comment. To begin 

using e-NEPA, you must first register 

with EPA’selectronic reporting site— 

https://cdx.epa.gov/epa_home.asp. 

EIS No. 20120374, Draft EIS, NOAA, 00, 

Amendment 5 to the Consolidated 

Atlantic Highly Migratory Species 

Fishery Management Plan, Atlantic 

Ocean, Caribbean Sea, and Gulf of 

Mexico, Comment Period Ends: 

02/12/2013, Contact: Peter Cooper 

301–427–8503. Due to an oversight, 

the above document should have 

appeared in the 11/23/2012 FR 

Notice. 

EIS No. 20120375, Draft EIS, FHWA, FL, 

U.S. 301 (State Road 200) CR 227 to 

CR 233, Improvements, Bradford 

County, FL, Comment Period Ends: 

01/22/2013, Contact: Joseph Sullivan 

850–553–2248. 

EIS No. 20120376, Draft EIS, USFWS, 

AZ, Pima County Multi-Species 

Conservation Plan, Pima County, AZ, 

Comment Period Ends: 03/15/2013, 

Contact: Jeff Servoss 520–670–6150, 

ext. 231 

EIS No. 20120377, Draft EIS, RUS, ND, 

Antelope Valley Station to Neset 

Transmission Project, Mercer, Dunn, 

Billings, Williams, McKenzie, and 

Mountrail Counties, ND, Comment 

Period Ends: 01/22/2013, Contact: 

Dennis Rankin 202–720–1953. 

EIS No. 20120378, Draft EIS, USACE, 

OK, Eufaula Lake Shoreline 

Management Plan Revision and 

Master Plan Supplement, Pittsburg, 

McIntosh, Haskell, Latimer, 

Muskogee, and Okmulgee Counties, 

OK, Comment Period Ends: 01/22/ 

2013, Contact: Jeff Knack 918–669– 

7666. 

Amended Notices 

EIS No. 20120320, Draft EIS, FTA, MN, 

Southwest Transitway Construction 

and Operation Light Rail Transit, 

Hennepin County, MN, Comment 

Period Ends: 12/31/2012, Contact: 

Marisol Simon 312–353–2789. 

Revision to FR Notice Published 10/ 

12/2012; Extending Comment Period 

from 12/11/2012 to 12/31/2012. 

Dated: December 4, 2012. 

Cliff Rader, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2012–29685 Filed 12–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9759–2] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

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

(‘‘CAA’’ or the ‘‘Act’’), notice is hereby 

given of a proposed consent decree to 

address a lawsuit filed by Sierra Club in 

the United States District Court for the 

District of Columbia: Sierra Club v. 

Jackson, No. 1:08–cv–00424 RWR (D. 

DC). Sierra Club filed a complaint 

alleging that EPA failed to meet its 

obligations under section 112(e)(1)(E) of 


tkelley on DSK3SPTVN1PROD with 
73030 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices 

the CAA to promulgate emission 

standards for hazardous air pollutant 

emissions from brick and structural clay 

products manufacturing facilities and 

clay ceramics manufacturing facilities 

located at major sources by November 

15, 2000. The proposed consent decree 

establishes deadlines for EPA’s 

proposed and final actions for meeting 

these obligations. 

DATES: Written comments on the 

proposed consent decree must be 

received by January 7, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0905, online at 

www.regulations.gov (EPA’s preferred 

method); by email 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: 

Scott Jordan, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–7508; fax number (202) 564–5603; 

email address: jordan.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by Sierra Club 

seeking to compel EPA to promulgate 

emission standards for hazardous air 

pollutant emissions from brick and 

structural clay products manufacturing 

facilities and clay ceramics 

manufacturing facilities located at major 

sources under section 112(e)(1)(E) of the 

CAA. Under the proposed consent 

decree, EPA shall no later than August 

30, 2013, sign a notice of proposed 

rulemaking to set national emission 

standards for hazardous air pollutants 

(‘‘NESHAP’’) pursuant to section 112(d) 

of the CAA, 42 U.S.C. 7412(d), for brick 

and structural clay products 

manufacturing facilities and clay 

ceramics manufacturing facilities 

located at major sources. In addition, 

under the proposed consent decree, EPA 

shall no later than July 31, 2014, sign a 

notice of final rulemaking to set 

NESHAP for the source categories 

covered by the proposed rule. 

The proposed consent decree further 

requires that, within 10 business days of 

signing a proposed or final rule, EPA 

shall deliver a notice of such action to 

the Office of the Federal Register for 

publication and that once EPA fulfills 

its obligations under the decree it may 

move to have the decree terminated. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree 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 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 

determines, based on any comment 

submitted, that consent to this consent 

decree should be withdrawn, the terms 

of the decree will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the consent 

decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2012–0905) contains a 

copy of the proposed consent decree. 

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 

www.regulations.gov. You may use 

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, key in the appropriate docket 

identification number then select 

‘‘search’’. 

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 online at 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 

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 email 

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 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, email 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 (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Notices 73031 

through www.regulations.gov, your 

email 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: November 29, 2012. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2012–29687 Filed 12–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Determination of Insufficient Assets To 

Satisfy Claims Against Financial 

Institution in Receivership 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice; correction. 

SUMMARY: The FDIC has determined that 

insufficient assets exist in the 

receivership of Darby Bank and Trust 

Co., Vidalia, Georgia, to make any 

distribution on general unsecured 

claims, and therefore such claims will 

recover nothing and have no value. 

DATES: The FDIC made its determination 

on November 19, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions regarding this 

notice, you may contact an FDIC Claims 

Agent at (904) 256–3925. Written 

correspondence may also be mailed to 

FDIC as Receiver of Darby Bank and 

Trust Co., Attention: Claims Agent, 8800 

Baymeadows Way West, Jacksonville, 

FL 32256. 

SUPPLEMENTARY INFORMATION: On 

November 12, 2010, Darby Bank and 

Trust Co., Vidalia, Georgia, (FIN 

#10312) was closed by the Georgia 

Department of Banking and Finance, 

and the Federal Deposit Insurance 

Corporation (‘‘FDIC’’) was appointed as 

its receiver (‘‘Receiver’’). In complying 

with its statutory duty to resolve the 

institution in the method that is least 

costly to the deposit insurance fund (see 

12 U.S.C. 1823(c)(4)), the FDIC 

facilitated a transaction with Ameris 

Bank, Moultrie, Georgia, to acquire all of 

the deposits and most of the assets of 

the failed institution. 

Section 11(d)(11)(A) of the FDI Act, 

12 U.S.C. 1821(d)(11)(A), sets forth the 

order of priority for distribution of 

amounts realized from the liquidation or 

other resolution of an insured 

depository institution to pay claims. 

Under the statutory order of priority, 

administrative expenses and deposit 

liabilities must be paid in full before 

any distribution may be made to general 

unsecured creditors or any lower 

priority claims. 

As of September 30, 2012, the 

maximum value of assets that could be 

available for distribution by the 

Receiver, together with maximum 

possible recoveries on professional 

liability claims against directors, 

officers, and other professionals, as well 

as potential tax refunds, was 

$125,488,526. As of the same date, 

administrative expenses and depositor 

liabilities equaled $173,303,177, 

exceeding available assets and potential 

recoveries by at least $47,814,651. 

Accordingly, the FDIC has determined 

that insufficient assets exist to make any 

distribution on general unsecured 

creditor claims (and any lower priority 

claims) and therefore all such claims, 

asserted or unasserted, will recover 

nothing and have no value. 

On November 27, 2011, the FDIC 

published a notice in the Federal 

Register (77 FR 70779), incorrectly 

reciting that the date of determination 

was November 11, 2012. This correction 

recites the actual date of determination. 

Dated: November 28, 2012. 

Valerie J. Best, 

Assistant Executive Secretary. 

[FR Doc. 2012–29615 Filed 12–6–12; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL MARITIME COMMISSION 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: Federal 

Maritime Commission. 

TIME AND DATE: December 12, 2012— 

10:00 a.m. 

PLACE: 800 North Capitol Street NW., 

First Floor Hearing Room, Washington, 

DC. 

STATUS: The meeting will be held in 

Open Session. 

Matters To Be Considered 

1. Discussion of Licensing, Financial 

Responsibility Requirements, and 

General Duties for Ocean Transportation 

Intermediaries. 

2. Staff Briefing and Discussion on 

Use of Alternative Dispute Resolution in 

Enforcement Proceedings. 

3. Docket No. 11–22: Non-VesselOperating Common Carrier Negotiated 

Rate Arrangements; Tariff Filing 

Exemption. 

CONTACT PERSON FOR MORE INFORMATION: 

Karen V. Gregory, Secretary, (202) 523– 

5725. 

Rachel E. Dickon, 

Assistant Secretary. 

[FR Doc. 2012–29747 Filed 12–5–12; 4:15 pm] 

BILLING CODE 6730–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisitions of Shares of a Bank or 

Bank Holding Company 

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 shares of 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 offices 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 24, 2012. 

A. Federal Reserve Bank of Chicago 

(Colette A. Fried, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. The Guttau Family consisting of 

Michael K. Guttau, Judith Ann Guttau, 

and the Heidi Guttau-Fox and Joshua 

Guttau Irrevocable Living Trust, 

Treynor, Iowa, Heidi Ann Guttau-Fox, 

Minden, Iowa, and Joshua Michael 

Guttau, Treynor, Iowa, as Trustees, as 

group acting in concert, to retain voting 

shares of Treynor Bancshares, Inc., and 

thereby indirectly retain voting shares of 

Treynor State Bank, both in Treynor, 

Iowa. 

Board of Governors of the Federal Reserve 

System, December 4, 2012. 

Margaret McCloskey Shanks, 

Deputy Secretary of the Board. 

[FR Doc. 2012–29606 Filed 12–6–12; 8:45 am] 

BILLING CODE 6210–01–P 


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