9744 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request by contacting the following 

office: The Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Potomac Center Plaza, Washington, DC 

20202–2550. Telephone: (202) 245–

7363. 

VIII. Other Information 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: February 28, 2007. 

John H. Hager, 

Assistant Secretary for Special, Education 

and Rehabilitative, Services. 

[FR Doc. E7–3793 Filed 3–2–07; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8283–2] 

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 

the Center for Biological Diversity, 

Preston Forsythe and Hilary Lambert 

(collectively ‘‘Plaintiffs’’): Center for 

Biological Diversity et al. v. Johnson, 

No. 06–1350 (D. D.C.). On July 31, 2006, 

Plaintiffs filed a complaint alleging that 

EPA had a mandatory duty under 42 

U.S.C. 7661(b)(2), to respond within 60 

days to Plaintiffs Title V petition 

requesting that EPA object to the 

proposed Tennessee Valley Authority’s 

(‘‘TVA’’) Paradise Fossil Plant Title V 

Operating Permit (‘‘TVA Paradise Title 

V Operating Permit’’). The complaint 

also alleges that EPA had a mandatory 

duty under 42 U.S.C. 7661(b)(3) and (c) 

and 40 CFR 71.4(e) to modify, terminate, 

or revoke, or issue or deny, the 

proposed TVA Paradise Title V 

Operating permit and that EPA has 

unreasonably delayed modifying, 

terminating, or revoking, or issuing or 

denying, the permit. The complaint also 

alleges that EPA has unreasonably 

delayed responding to the Plaintiffs’

petition for rulemaking requesting, 

pursuant to 5 U.S.C. 553(a), that EPA 

promulgate a rule to amend the 

Kentucky State Implementation Plan to 

fully incorporate the credible evidence 

rule. Under the terms of the proposed 

settlement agreement, EPA shall by May 

25, 2007, take final action to grant or 

deny Plaintiffs’ April 2005 petition for 

rulemaking. The proposed settlement 

agreement also provides that EPA shall 

conclude a completeness determination 

within 60 days after receipt of TVA’s 

forthcoming Title V federal operating 

permit application for the Paradise 

Plant. Within 18 months after 

determining the application is complete, 

EPA shall take final action to issue the 

permit. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by April 4, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA–

HQ–OGC–2007–0190, online at http:// 

www.regulations.gov (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 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: 

Apple Chapman, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5666; fax number (202) 564–5603; 

e-mail address: 

chapman.apple@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement 

On February 18, 2005, EPA formally 

objected to the issuance of the proposed 

TVA Paradise’s Title V Operating Permit 

submitted by the Kentucky Division of 

Air Quality (‘‘KDAQ’’). On April 21, 

2005, Plaintiffs filed a petition 

requesting that EPA object to the 

proposed TVA Paradise Title V 

Operating Permit and a petition for 

rulemaking requesting that EPA amend 

the Kentucky State Implementation 

Plant to fully incorporate the credible 

evidence rule. On August 18, 2006, 

KDAQ withdrew the proposed TVA 

Paradise Title V Operating Permit. 

Subsequently, EPA initiated a Part 71 

permit process for the TVA Paradise 

Plant and on December 14, 2006, EPA 

published notice in the Federal Register 

denying Plaintiffs’ Title V petition. EPA 

has filed a motion to dismiss Plaintiffs’

Complaint. 

The settlement agreement, which is 

subject to CAA section 113(g), provides 

that by May 25, 2007, EPA shall take 

final action to grant or deny Plaintiffs’

petition for rulemaking. The agreement 

also provides that within 60 days after 

receipt of TVA’s forthcoming permit 

application to EPA for a Title V permit 

for the Paradise Plant, EPA shall 

conclude a completeness determination. 

Within 18 months after determining the 

application is complete, EPA shall take 

final action to issue the permit. Should 

KDAQ submit a new proposed CAA 

Title V Operating Permit for the TVA 

Paradise Plant that EPA determines 

adequately addresses the issues raised 

by EPA in its February 18, 2006 

objections, EPA must notify Plaintiff’s 

counsel with written notice that the 

commitments with regard to the Title V 

Federal Operating Permit for the TVA 

Paradise Plant are null and void. Within 

20 days after EPA has fulfilled the above 

obligations or after agreement becomes 

null and void, Plaintiffs shall file a 

motion to dismiss with prejudice. 

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 

intervenors to the litigation in question. 

EPA or the Department of Justice may 

withdraw or withhold consent to the 

proposed settlement agreement if the 


erjones on PRODPC74 with NOTICES
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices 9745 

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 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? 

Direct your comments to the official 

public docket for this action under 

Docket ID No. EPA–HQ–OGC–2007–

0190 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 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 the 

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 

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 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 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: February 27, 2007. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E7–3759 Filed 3–2–07; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Sunshine Act Meeting 

ACTION: Notice of a Partially Open 

Meeting of the Board of Directors of the 

Export-Import Bank of the United States 

TIME AND PLACE: Thursday, March 8, 

2007 at 9:30 a.m. The meeting will be 

held at Ex-Im Bank in Room 1143, 811 

Vermont Avenue, NW., Washington, DC 

20571. 

OPEN AGENDA ITEM: Small Business 

Committee Resolution (Amendment). 

PUBLIC PARTICIPATION: The meeting will 

be open to public participation for Item 

No. 1 only. 

FURTHER INFORMATION: For further 

information, contact; Office of the 

Secretary, 811 Vermont Avenue, NW., 

Washington, DC 20571 (Telephone 202–

565–3957). 

Howard A. Schweitzer, 

General Counsel. 

[FR Doc. 07–1016 Filed 3–1–07; 3:07 pm] 

BILLING CODE 6690–01–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

[AU Docket No. 06–206; Report No. AUC–

07–71–B (Auction No. 71); DA 07–30] 

Auction of Broadband PCS Spectrum 

Scheduled for May 16, 2007; Notice 

and Filing Requirements, Minimum 

Opening Bids, Upfront Payments and 

Other Procedures for Auction No. 71 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: This document announces the 

procedures and minimum opening bids 

for the upcoming auction of certain 

Broadband PCS Spectrum (Auction No. 

71). This document is intended to 

familiarize prospective bidders with the 

procedures and minimum opening bids 

for this auction. 

DATES: Applications to participate in 

Broadband PCS Auction No. 71 must be 

filed before 6 p.m. ET on March 16, 

2007. Bidding for Auction No. 71 is 

scheduled to begin on May 16, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auctions Spectrum and Access 

Division: For legal questions: Stephen 

Johnson at (202) 418–0660. For general 

auction questions: Roy Knowles or Lisa 

Stover at (717) 338–2868. Mobility 

Division: For service rule questions: 

Michael Connelly (legal and licensing) 


erjones on PRODPC74 with NOTICES