Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices 66979 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit alleging that the 

Administrator failed to perform a 

nondiscretionary duty to grant or deny, 

within 60 days of submission, an 

administrative petition to object to a 

CAA Title V permit issued by the Texas 

Commission on Environmental Quality 

to the Luminant Generation Company to 

operate the Sandow 5 Generating Plant, 

a power plant located in Milam County, 

Texas. Under the proposed consent 

decree, EPA would agree to respond to 

the petition by January 15, 2013. In 

addition, the proposed consent decree 

further states that following signature, 

EPA shall expeditiously deliver notice 

of such action to the Office of the 

Federal Register for publication and, if 

EPA’s response includes the granting of 

any portion of the petition in whole or 

in part, EPA shall promptly transmit the 

response to the Texas Commission on 

Environmental Quality. Plaintiffs and 

EPA agree that this Consent Decree shall 

constitute a complete and final 

settlement of all claims that Plaintiffs 

have asserted against the United States, 

including EPA, under any provision of 

law in connection with Environmental 

Integrity Project, et al. v. Jackson, Case 

No. 12–cv–00867 (D.D.C.), except as 

provided in Paragraph 4 of the proposed 

Consent Decree, addressing any claim 

for costs of litigation. 

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 that consent to this consent 

decree should be withdrawn, the terms 

of the consent 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–2012–0847) 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 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 

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. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2012–27320 Filed 11–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9750–7; CERCLA–04–2010–3768] 

Ellis Road/American Electric 

Corporation, Jacksonville, Duval 

County, FL, Notice of Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA), the United 

States Environmental Protection Agency 

has entered into a settlement to conduct 

sampling, perform a clean-up and 

compromise cost with over 80 settling 

parties at the Ellis Road/American 

Electric Corporation Superfund Site 

located in Jacksonville, Duval County, 

Florida. 

DATES: The Agency will consider public 

comments on the settlement until 

December 10, 2012. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 


tkelley on DSK3SPTVN1PROD with NOTICES
66980 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices 

1The methodology for computing imputed profit 

and imputed costs was changed for 2013 (see 

Attachment I). This change follows the elimination 

of the clearing balance program (77 FR 21846, April 

12, 2012). In the 2012 methodology, investment 

income is imputed and netted with related direct 

costs associated with clearing balances to estimate 

net income on clearing balances (NICB). 

2The ten-year recovery rate is based on the pro 

forma income statement for Federal Reserve priced 

services published in the Board’s Annual Report. 

Effective December 31, 2006, the Reserve Banks 

implemented Statement of Financial Accounting 

Standards (SFAS) No. 158: Employers’ Accounting 

for Defined Benefit Pension and Other 

Postretirement Plans [Accounting Standards 

Codification (ASC) 715 Compensation—Retirement 

Benefits], which resulted in recognizing a reduction 

in equity related to the priced services’ benefit 

plans. Including this reduction in equity results in 

cost recovery of 95.3 percent for the ten-year period. 

This measure of long-run cost recovery is also 

published in the Board’s Annual Report. 

3Over this period, the Reserve Banks have 

undertaken a range of cost-reduction and revenuegeneration initiatives as part of their long-term 

business strategy. These initiatives have included 

streamlining management structures, reducing 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments by Site name 

Ellis Road/American Electric 

Corporation Site by one of the following 

methods: 

• www.epa.gov/region4/superfund/ 

programs/enforcement/ 

enforcement.html. 

• Email. Painter.Paula@epa.gov. 

• U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: October 18, 2012. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2012–27321 Filed 11–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Sunshine Act Meeting; Notice of a 

Partially Open Meeting of the Board of 

Directors of the Export-Import Bank of 

the United States 

TIME AND PLACE: Thursday, November 

15, 2012 at 9:30 a.m. The meeting will 

be held at Ex-Im Bank in Room 321, 811 

Vermont Avenue NW., Washington, DC 

20571. 

OPEN AGENDA ITEMS: Item No. 1: Ex-Im 

Bank Advisory Committee for 2013. 

Note: This item was originally 

scheduled for discussion on November 

1, 2012. However, the meeting was 

cancelled due to Federal Government 

closures because of inclement weather 

earlier in the week. 

PUBLIC PARTICIPATION: The meeting will 

be open to public observation for Item 

No. 1 only. 

FURTHER INFORMATION: For further 

information, contact: Office of the 

Secretary, 811 Vermont Avenue NW., 

Washington, DC 20571, (202) 565–3336. 

Lisa V. Terry, 

Assistant General Counsel. 

[FR Doc. 2012–27474 Filed 11–7–12; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Notice 

November 2, 2012. 

TIME AND DATE: 1:00 p.m., Friday, 

November 16, 2012. 

PLACE: The Richard V. Backley Hearing 

Room, Room 511N, 1331 Pennsylvania 

Avenue NW., Washington, DC 20004 

(entry from F Street entrance). 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission will consider and act upon 

the following in open session: Secretary 

of Labor v. The American Coal Co., 

Docket No. LAKE 2010–408–R. (Issues 

include whether the Administrative 

Law Judge erred in vacating an order 

issued under section 103(k) of the Mine 

Act, 30 U.S.C. 813(k).) 

Any person attending this meeting 

who requires special accessibility 

features and/or auxiliary aids, such as 

sign language interpreters, must inform 

the Commission in advance of those 

needs. Subject to 29 CFR 2706.150(a)(3) 

and 2706.160(d). 

CONTACT PERSON FOR MORE INFO: Jean 

Ellen, (202) 434–9950/(202) 708–9300 

for TDD Relay/1–800–877–8339 for toll 

free. 

Emogene Johnson, 

Administrative Assistant. 

[FR Doc. 2012–27322 Filed 11–6–12; 11:15 am] 

BILLING CODE 6735–01–P 

FEDERAL RESERVE SYSTEM 

[Docket No. OP–1448] 

Federal Reserve Bank Services 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Notice. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (Board) has 

approved the private sector adjustment 

factor (PSAF) for 2013 of $14.1 million 

and the 2013 fee schedules for Federal 

Reserve priced services and electronic 

access. These actions were taken in 

accordance with the requirements of the 

Monetary Control Act of 1980, which 

requires that, over the long run, fees for 

Federal Reserve priced services be 

established on the basis of all direct and 

indirect costs, including the PSAF. 

DATES: The new fee schedules become 

effective January 2, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the fee schedules: 

Susan V. Foley, Associate Director, 

(202/452–3596); Samantha J. Pelosi, 

Manager, Retail Payments, (202/530– 

6292); Linda S. Healey, Senior Financial 

Services Analyst, (202/452–5274), 

Division of Reserve Bank Operations 

and Payment Systems. For questions 

regarding the PSAF and earnings credits 

on clearing balances: Gregory L. Evans, 

Deputy Associate Director, (202/452– 

3945); Brenda L. Richards, Manager, 

Financial Accounting, (202/452–2753); 

or John W. Curle, Senior Financial 

Analyst, (202/452–3916), Division of 

Reserve Bank Operations and Payment 

Systems. For users of 

Telecommunications Device for the Deaf 

(TDD) only, please call 202/263–4869. 

Copies of the 2013 fee schedules for the 

check service are available from the 

Board, the Federal Reserve Banks, or the 

Reserve Banks’ financial services web 

site at www.frbservices.org. 

SUPPLEMENTARY INFORMATION: 

I. Private Sector Adjustment Factor and 

Priced Services 

A. Overview—Each year, as required 

by the Monetary Control Act of 1980, 

the Reserve Banks set fees for priced 

services provided to depository 

institutions. These fees are set to 

recover, over the long run, all direct and 

indirect costs and imputed costs, 

including financing costs, taxes, and 

certain other expenses, as well as the 

return on equity (profit) that would have 

been earned if a private business firm 

provided the services. The imputed 

costs and imputed profit are collectively 

referred to as the PSAF.1 From 2002 

through 2011, the Reserve Banks 

recovered 98.6 percent of their total 

expenses (including imputed costs) and 

targeted after-tax profits or return on 

equity (ROE) for providing priced 

services.23


tkelley on DSK3SPTVN1PROD with NOTICES