282 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices 

the proposed consent decree as it affects 

these three states only. 

DATES: Written comments on the 

proposed consent decree as it affects 

Arizona, Michigan, and New Mexico 

must be received by February 3, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0929, 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: Lea 

Anderson, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone: (202) 564–5571; 

fax number (202) 564–5603; email 

address: anderson.lea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

Under section 110(c) of the CAA, EPA 

has a mandatory duty to promulgate a 

federal implementation plan (‘‘FIP’’) 

within two years of a finding that a state 

has failed to make a required state 

implementation plan (‘‘SIP’’) submittal. 

EPA is not required to promulgate a FIP, 

however, if the state submits the 

required SIP and EPA approves the plan 

within the two years of EPA’s finding. 

On January 15, 2009, EPA found that 37 

states, the District of Columbia, and the 

U.S. Virgin Islands had failed to submit 

CAA SIPs for improving visibility in 

mandatory Federal Class I areas. 

The proposed consent decree would 

resolve a deadline suit filed by Plaintiffs 

for EPA to take action on a number of 

regional haze SIPs. The proposed 

consent decree would address, inter 

alia, EPA’s failure to promulgate 

regional haze FIPs or approve regional 

haze SIPs for 34 of the states that the 

Agency found on January 15, 2009 had 

failed to submit SIPs addressing the 

requirements of the regional haze 

program. EPA’s prior notice 

inadvertently excluded Arizona, 

Michigan, and New Mexico from the list 

of the 34 states addressed by the consent 

decree. In addition, EPA erroneously 

identified California, Montana, and 

North Dakota as states addressed by the 

proposed consent decree. These states 

are not addressed by the proposed 

consent decree. 

For a period of thirty (30) days 

following the date of publication of this 

supplemental notice, the Agency will 

accept written comments relating to the 

provisions in the proposed consent 

decree addressing Arizona, Michigan, 

and New Mexico from persons who 

were not named as parties or 

intervenors to the litigation in question. 

Other written comments on the 

proposed consent decree must be 

received by January 3, 2012. 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 that consent to this consent 

decree should be withdrawn, the terms 

of the proposed consent decree will be 

affirmed. 

Additional information about 

commenting on the proposed consent 

decree can be found in the notice 

published on December 2, 2011. 

Dated: December 23, 2011. 

Kevin McLean, 

Acting Associate General Counsel. 

[FR Doc. 2011–33759 Filed 1–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9615–8] 

Proposed Settlement Agreement 

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 lawsuits filed by 

EnerNOC, Inc., EnergyConnect, Inc., 

CPower, Inc., and Innoventive Power, 

LLC (‘‘Petitioners’’) in the United States 

Court of Appeals for the District of 

Columbia Circuit: EnerNOC, et al v. 

EPA, No. 10–1090 (DC Cir.) and 

EnerNOC, et al v. EPA, No. 10–1336 (DC 

Cir.). Petitioners filed for review of two 

EPA rulemakings that revised the 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines (the RICE NESHAP). Under the 

terms of the proposed settlement 

agreement, by April 20, 2012, the 

Agency will sign a notice of proposed 

rulemaking that includes a proposal to 

revise the RICE NESHAP and the 

stationary internal combustion engine 

new source performance standards (ICE 

NSPS) to allow owners and operators of 

emergency stationary internal 

combustion engines to operate 

emergency stationary internal 

combustion engines in emergency 

conditions, as defined in those 

regulations, as part of an emergency 

demand response program for 60 hours 

per year or the minimum hours required 

by Independent System Operator tariff, 

whichever is less. The notice of 

proposed rulemaking may also allow for 

more hours of operation. In addition, 

under the terms of the proposed 

settlement agreement, by December 14, 

2012, the Administrator of EPA will 

sign a final action on this proposal, 

which may include signature of a final 

rule by the Administrator. If EPA 

promulgates in final form an 

amendment to the RICE NESHAP and 

ICE NSPS that includes changes that are 

substantially the same substance as that 

set forth in the settlement agreement, 

then Petitioners shall promptly file a 

stipulation of dismissal of Nos. 10–1090 

and 10–1336. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by February 3, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–1030, 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: 

Michael Horowitz, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 


wreier-aviles on DSK3TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices 283 

564–5583; fax number (202) 564–5603; 

email address: 

horowitz.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

This proposed settlement agreement 

would potentially resolve a petition for 

judicial review filed by Petitioners for 

review of two rulemakings revising the 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines (the RICE NESHAP), 75 FR 

9648 (March 3, 2010) and 75 FR 51570 

(August 20, 2010). The RICE NESHAP 

allows emergency engines to operate for 

15 hours annually as part of a demand 

response program if the regional 

transmission organization or equivalent 

balancing authority and transmission 

operator has determined that there are 

emergency conditions that would lead 

to a potential electrical blackout, such 

as unusually low frequency, equipment 

overload, capacity or energy deficiency, 

or unacceptable voltage level. RICE 

would not meet the definition of 

emergency engine if they operated more 

than fifteen hours in such 

circumstances. 

Petitioners filed petitions for review 

and reconsideration indicating that 15 

hours is insufficient to ensure that 

emergency engines can be relied upon 

for dispatch under emergency demand 

response programs. The petition for 

reconsideration provided significant 

evidence that the NESHAP should be 

revised to allow owners and operator of 

emergency engines to operate for 60 

hours per year or the minimum hours 

required by Independent System 

Operator tariff, whichever is less, as part 

of an emergency demand response 

program. 

Under the terms of the proposed 

settlement agreement, EPA states that it 

anticipates that, by April 20, 2012, the 

Agency will sign a notice of proposed 

rulemaking that includes a proposal to 

revise the RICE NESHAP and, for 

consistency, the ICE NSPS to allow 

owners and operators of emergency 

stationary internal combustion engines 

to operate emergency stationary internal 

combustion engines in emergency 

conditions, as defined in those 

regulations, as part of an emergency 

demand response program for 60 hours 

per year or the minimum hours required 

by Independent System Operator tariff, 

whichever is less. The notice of 

proposed rulemaking may also allow for 

more hours of operation. In addition, 

under the terms of the proposed 

settlement agreement, by December 14, 

2012, the Administrator of EPA will 

sign a final action on this proposal, 

which may include signature of a final 

rule by the Administrator. Under the 

proposed settlement agreement, if EPA 

fails to sign the proposal by April 20, 

2012, or to take final action on the 

proposal by December 14, 2012, 

Petitioners may move the Court to lift 

the order staying proceedings and 

establish a briefing schedule. Petitioners 

shall have no further remedy under the 

agreement. 

Under the proposed settlement 

agreement, if the relevant provisions of 

the final rule are in substantial 

conformance with the revisions in the 

proposed agreement, then Petitioners 

agree to dismiss the petition for review. 

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 

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 

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 settlement agreement 

should be withdrawn, the terms of the 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How can I get a copy of the 

settlement agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2011–1030) contains a 

copy of the 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 

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, 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 in 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 


wreier-aviles on DSK3TPTVN1PROD with NOTICES
284 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices 

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 

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: December 28, 2011. 

Kevin McLean, 

Acting Associate General Counsel. 

[FR Doc. 2011–33758 Filed 1–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 2011–0080] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB review and 

comments request. 

Form Title: Co-Financing with 

Foreign Export Credit Agency (EIB11– 

04). 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

This form will enable Ex-Im Bank to 

identify the specific details of the 

proposed co-financing transaction 

between a U.S. exporter, Ex-Im Bank, 

and a foreign export credit agency; the 

information collected includes vital 

facts such as the amount of U.S.-made 

content in the export, the amount of 

financing requested from Ex-Im Bank, 

and the proposed financing amount 

from the foreign export credit agency. 

These details are necessary for 

approving this unique transaction 

structure and coordinating our support 

with that of the foreign export credit 

agency to ultimately complete the 

transaction and support U.S. exports— 

and U.S. jobs. 

The form can be viewed at: http:// 

www.exim.gov/pub/pending/eib11– 

04.pdf. 

DATES: Comments should be received on 

or before February 3, 2012 to be assured 

of consideration. 

ADDRESSES: Comments may be 

submitted electronically on http:// 

www.regulations.gov or by mail to 

Office of Information and Regulatory 

Affairs, 725 17th Street NW., 

Washington, DC 20038, attn: OMB 

3048–0037. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB11–04 

Co-Financing with Foreign Export 

Credit Agency. 

OMB Number: 3048–0037. 

Type of Review: New. 

Need and Use: The information 

collected will provide information 

needed to determine compliance and 

creditworthiness for transaction 

requests submitted to the Export Import 

Bank under its insurance, guarantee, 

and direct loan programs. 

Affected Public: This form affects 

entities involved in the export of U.S. 

goods and services. 

Annual Number of Respondents: 60. 

Estimated Time per Respondent: 15 

minutes. 

Government Annual Burden Hours: 

15 hours. 

Frequency of Reporting or Use: On 

occasion. 

Total Cost to the Government: 

$585.60. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2011–33727 Filed 1–3–12; 8:45 am] 

BILLING CODE 6690–01–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 2011–076] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: Used Equipment 

Questionnaire (EIB 11–03). 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

The collection will provide 

information needed to determine 

compliance and creditworthiness for 

transaction requests submitted to Ex-Im 

Bank under its insurance, guarantee, 

and direct loan programs. Information 

presented in this form will be 

considered in the overall evaluation of 

the transaction, including Export-Import 

Bank’s determination of the appropriate 

term for the transaction. 

The form can be viewed at: http:// 

www.exim.gov/pub/pending/eib11– 

03.pdf. 

DATES: Comments should be received on 

or before to be assured of consideration. 

ADDRESSES: Comments may be 

submitted electronically on http:// 

www.regulations.gov or by mail to 

Office of Information and Regulatory 

Affairs, 725 17th Street NW., 

Washington, DC 20038, attn: OMB 

3048–NEW. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 11–03 

Used Equipment Questionnaire. 

OMB Number: 3048–xxxx. 

Type of Review: New. 

Need and Use: The information 

collected will provide information 

needed to determine compliance and 

creditworthiness for transaction 

requests submitted to the Export-Import 

Bank under its insurance, guarantee, 

and direct loan programs. 

Affected Public: This form affects 

entities involved in the export of U.S. 

goods and services. 

Annual Number of Respondents: 

1,000. 

Estimated Time per Respondent: 15 

minutes. 

Government Annual Burden Hours: 

250 hours. 

Frequency of Reporting or Use: On 

occasion. 

Total Cost to the Government: 

$9,760.00. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2011–33728 Filed 1–3–12; 8:45 am] 

BILLING CODE 6690–01–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 


wreier-aviles on DSK3TPTVN1PROD with NOTICES