Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 61125

who knows at that time that he is

placing another person in imminent

danger of death or serious bodily injury

is subject to a fine of not more than

$250,000, or by imprisonment for not

more than 15 years, or both.

d. False Statements. The Act provides

that any person who knowingly makes

any false material statement,

representation, or certification in any

application, record, report, plan, or

other document filed or required to be

maintained under the Act or who

knowingly falsifies, tampers with, or

renders inaccurate, any monitoring

device or method required to be

maintained under the Act, shall upon

conviction, be punished by a fine of not

more than $10,000, or by imprisonment

for not more than 2 years, or by both.

If a conviction of a person is for a

violation committed after a first

conviction of such person under this

paragraph, punishment shall be by a

fine of not more than $20,000 per day

of violation, or by imprisonment of not

more than 4 years, or by both. (See

Section 309.c.4 of the Clean Water Act)

2. Civil Penalties

The Act provides that any person who

violates a permit condition

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to a civil penalty not to exceed

$25,000 per day for each violation.

3. Administrative Penalties

The Act provides that any person who

violates a permit condition

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to an administrative penalty, as

follows:

a. Class I Penalty. Not to exceed

$10,000 per violation nor shall the

maximum amount exceed $25,000.

b. Class II Penalty. Not to exceed

$10,000 per day for each day during

which the violation continues nor shall

the maximum amount exceed $125,000.

F. Definitions

All definitions contained in Section

502 of the Act shall apply to this permit

and are incorporated herein by

reference. Unless otherwise specified in

this permit, additional definitions of

words or phrases used in this permit are

as follows:

1. Act means the Clean Water Act (33

U.S.C. 1251 et. seq.), as amended.

2. Administrator means the

Administrator of the U.S.

Environmental Protection Agency.

3. Applicable Effluent Standards and

Limitations means all state and Federal

effluent standards and limitations to

which a discharge is subject under the

Act, including, but not limited to,

effluent limitations, standards or

performance, toxic effluent standards

and prohibitions, and pretreatment

standards.

4. Applicable Water Quality

Standards means all water quality

standards to which a discharge is

subject under the Act.

5. Bypass means the intentional

diversion of waste streams from any

portion of a treatment facility.

6. Daily Discharge means the

discharge of a pollutant measured

during a calendar day or any 24-hour

period that reasonably represents the

calendar day for purposes of sampling.

For pollutants with limitations

expressed in terms of mass, the ‘‘daily

discharge’’ is calculated as the total

mass of the pollutant discharged over

the sampling day. For pollutants with

limitations expressed in other units of

measurement, the ‘‘daily discharge’’ is

calculated as the average measurement

of the pollutant over the sampling day.

‘‘Daily discharge’’ determination of

concentration made using a composite

sample shall be the concentration of the

composite sample. When grab samples

are used, the ‘‘daily discharge’’

determination of concentration shall be

arithmetic average (weighted by flow

value) of all samples collected during

that sampling day.

7. Daily Average (also known as

MONTHLY AVERAGE) discharge

limitations means the highest allowable

average of ‘‘daily discharge(s)’’ over a

calendar month, calculated as the sum

of all ‘‘daily discharge(s)’’ measured

during a calendar month divided by the

number of ‘‘daily discharge(s)’’

measured during that month. When the

permit establishes daily average

concentration effluent limitations or

conditions, the daily average

concentration means the arithmetic

average (weighted by flow) of all ‘‘daily

discharge(s)’’ of concentration

determined during the calendar month

where C = daily concentration, F = daily

flow and n = number of daily samples;

daily average discharge =

C F C F C F

F F F

n n

n

1 1 2 2

1 2

+ + ⋅⋅⋅ +

+ + ⋅⋅⋅ +

8. Daily Maximum discharge

limitation means the highest allowable

‘‘daily discharge’’ during the calendar

month.

9. Director means the U.S.

Environmental Protection Agency

Regional Administrator or an authorized

representative.

10. Environmental Protection Agency

means the U.S. Environmental

Protection Agency.

11. Grab Sample means an individual

sample collected in less than 15

minutes.

12. National Pollutant Discharge

Elimination System means the national

program for issuing, modifying,

revoking and reissuing, terminating,

monitoring and enforcing permits, and

imposing and enforcing pretreatment

requirements, under Sections 307, 318,

402, and 405 of the Act.

13. Severe Property Damage means

substantial physical damage to property,

damage to the treatment facilities which

causes them to become inoperable, or

substantial and permanent loss of

natural resources which can reasonably

be expected to occur in the absence of

a bypass. Severe property damage does

not mean economic loss caused by

delays in production.

14. Upset means an exceptional

incident in which there is unintentional

and temporary noncompliance with

technology-based permit effluent

limitations because of factors beyond

the reasonable control of the permittee.

An upset does not include

noncompliance to the extent caused by

operational error, improperly designed

treatment facilities, inadequate

treatment facilities, lack of preventive

maintenance, or careless or improper

operation.

15. The term ‘‘MGD’’ shall mean

million gallons per day.

16. The term ‘‘mg/L’’ shall mean

milligrams per liter or parts per million

(ppm).

17. The term ‘‘μg/L’’ shall mean

micrograms per liter or parts per billion

(ppb).

[FR Doc. 97–29864 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984.

Interested parties can review or obtain

copies of agreements at the Washington,

DC office of the Commission, 800 North

Capitol Street, N.W., Room 962.

Interested parties may submit comments

on an agreement to the Secretary

Federal Maritime Commission,

Washington, DC 20573, within 10 days

of the date this notice appears in the

Federal Register.

Agreement No.: 202–010776–105.

Title: Asia North America Rate

Agreement (‘‘ANERA’’)

Parties:

American President Lines, Ltd.
61126 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

Hapag-Lloyd Container Line GmbH

Kawasaki Kisen Kaisha, Ltd.

A.P. Moller-Maersk Line

Mitsui O.S.K. Lines, Ltd

Neptune Orient Lines, Ltd

Nippon Yusen Kaisha Line

Orient Overseas Container Lines, Inc.

P&O Nedlloyd Limited

P&O Nedlloyd B.V.

Sea-Land Service, Inc.

Synopsis: The proposed modification

adds a new Article 5.1(q) which

authorizes the parties to consider and

act upon proposals and

recommendations of the Equipment

Interchange Discussion Agreement with

respect to activities within the scope of

the ANERA agreement.

Agreement No.: 224–201040.

Title: Jaxport/Trailer Bridge Lease

Agreement.

Parties: Jacksonville Port Authority

(‘‘Port’’) Trailer Bridge, Inc. (‘‘Trailer

Bridge’’).

Synopsis: The Agreement provides for

the rental by Trailer Bridge of 17 acres

at the Port’s Blount Island Terminal and

for Trailer Bridge’s preferential, but

non-exclusive use of to be constructed

triple deck loading facility.

By Order of the Federal Maritime

Commission.

Dated: November 7, 1997.

Ronald D. Murphy,

Assistant Secretary.

[FR Doc. 97–29916 Filed 11–13–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;

Acquisitions of Shares of Banks 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 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

November 28, 1997.

A. Federal Reserve Bank of San

Francisco (Pat Marshall, Manager of

Analytical Support, Consumer

Regulation Group) 101 Market Street,

San Francisco, California 94105-1579:

1. Michael Frank Maluccio, La

Crescenta, California; Maluccio

Company, Glendale, California;

Nicholas J. Maluccio Trust, Glendale,

Calfornia; and Malcor, Lancaster,

California, parties acting in concert; to

acquire voting shares of Verdugo

Banking Company, Glendale, California.

Board of Governors of the Federal Reserve

System, November 7, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–29908 Filed 11–13–97; 8:45 am]

BILLING CODE 6210–01–F

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.

Unless otherwise noted, nonbanking

activities will be conducted throughout

the United States.

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 December 8,

1997.

A. Federal Reserve Bank of Boston

(Richard Walker, Community Affairs

Officer) 600 Atlantic Avenue, Boston,

Massachusetts 02106-2204:

1. Mystic Financial, Inc., Medford,

Massachusetts; to become a bank

holding company by acquiring 100

percent of the voting shares of Medford

Co-operative Bank, Medford,

Massachusetts.

B. Federal Reserve Bank of Chicago

(Philip Jackson, Applications Officer)

230 South LaSalle Street, Chicago,

Illinois 60690-1413:

1. Hometown Bancorp, Ltd., Fond du

Lac, Wisconsin; to become a bank

holding company by acquiring 100

percent of the voting shares of St. Cloud

Bancshares, Inc., St. Cloud, Wisconsin,

and thereby indirectly acquire State

Bank of St. Cloud, St. Cloud, Wisconsin.

C. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri 63102-

2034:

1. First Western Bancshares Employee

Stock Ownership Trust, Booneville,

Arkansas; to become a bank holding

company by acquiring at least 30.4

percent of the voting shares of First

Western Bancshares, Inc., Booneville,

Arkansas, and thereby indirectly acquire

Citizens Bank, Booneville, Arkansas.

D. Federal Reserve Bank of

Minneapolis (Karen L. Grandstrand,

Vice President) 250 Marquette Avenue,

Minneapolis, Minnesota 55480-2171:

1. GEBSCO, Inc., Cochrane,

Wisconsin; to merge with Firstmondovi,

Inc., Mondovi, Wisconsin, and thereby

indirectly acquire Bank of Mondovi,

Mondovi, Wisconsin.

E. Federal Reserve Bank of Dallas

(Genie D. Short, Vice President) 2200

North Pearl Street, Dallas, Texas 75201-

2272:

1. State National Bancshares, Inc.,

Lubbock, Texas; to acquire 100 percent

of the voting shares of First Sierra,

Bancshares, Inc., Truth or

Consequences, New Mexico, and

thereby indirectly acquire Sierra Bank,

Las Cruces, New Mexico.

2. State National Bancshares, Inc.,

Lubbock, Texas, and State National

Bancshares of Delaware, Inc., Dover,

Delaware; to acquire 100 percent of the

voting shares of First National Bank of

Denver City, Denver City, Texas.

F. Federal Reserve Bank of San

Francisco (Pat Marshall, Manager of

Analytical Support, Consumer

Regulation Group) 101 Market Street,

San Francisco, California 94105-1579:

1. VIB Corp., El Centro, California; to

become a bank holding company by

acquiring 100 percent of the voting

shares of Valley Independent Bank, El

Centro, California.

Board of Governors of the Federal Reserve

System, November 7, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–29909 Filed 11–13–97; 8:45 am]

BILLING CODE 6210–01–F