Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices 13339 

context. Meeting dates and abstract 

requests are announced through the 

‘‘empmlist’’ forum on the LYRIS list 

server at https://lists.epa.gov/read/ 

all_forums/. 

III. How can I request to participate in 

this meeting? 

You may submit a request to 

participate in this meeting to the person 

listed under FOR FURTHER INFORMATION

CONTACT. Do not submit any information 

in your request that is considered CBI. 

Requests to participate in the meeting, 

identified by docket ID number EPA– 

HQ–OPP–2009–0879, and must be 

received on or before March 11, 2013. 

IV. Tentative Topics for the Meeting 

Update on Development of the Spatial 

Aquatic Model (SAM). 

Pesticide Root Zone Model for Ground 

Water Model (PRZM–GW) 

Implementation. 

Pesticide Flooded Application Model 

(PFAM) Implementation. 

Recent Developments for Drinking 

Water Intakes Percent Cropped Area 

(DWI PCA) Guidance. 

Other topics related to environmental 

exposure modeling and monitoring of 

pesticides in surface water, ground 

water, soil, air, and biota. 

List of Subjects 

Environmental protection, pesticide 

exposure assessment, exposure 

modeling, pesticide monitoring, 

groundwater, PRZM–GW, SAM, PFAM, 

DWI PCA. 

Dated: February 13, 2013. 

Donald J. Brady, 

Director, Environmental Fate and Effects 

Division, Office of Pesticide Programs. 

[FR Doc. 2013–04407 Filed 2–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9785–7; CERCLA–04–2013–3755] 

Florida Petroleum Reprocessors Site; 

Davie, Broward County, FL; Notice of 

Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Settlement. 

SUMMARY: Under 122(h) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement with 2238 NW. 

86th Street Inc. concerning the Florida 

Petroleum Reprocessors Site located in 

Davie, Broward County, Florida. The 

settlement addresses the PRP’s Sitewide liability on an Ability-to-Pay basis. 

DATES: The Agency will consider public 

comments on the settlement until March 

29, 2013. The Agency will consider all 

comments received and may modify or 

withdraw its consent to the settlement 

if comments received 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 

Florida Petroleum Reprocesssors 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: January 22, 2013. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2013–04610 Filed 2–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9785–2; EPA–R01–OEP–FRL#: 13– 

007] 

State Program Requirements; 

Approval of Maine’s National Pollutant 

Discharge Elimination System 

(NPDES) Permitting Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. Proposal To Approve 

Maine’s National Pollutant Discharge 

Elimination System (NPDES) Permitting 

Program. 

SUMMARY: In 1999 the State of Maine 

applied to implement its NPDES 

program under the Clean Water Act in 

the state, including the territories of the 

Aroostook Band of Micmacs and the 

Houlton Band of Maliseet Indians. 

Today, EPA is proposing to act on the 

state’s application as it applies in those 

Indian territories and is inviting 

comment. 

DATES: Interested persons may submit 

comments on the approval of Maine’s 

NPDES Permitting Program in these 

territories as part of the administrative 

record to EPA—Region 1, at the address 

given below, no later than midnight 

through April 29, 2013. 

ADDRESSES: Submit comments by one of 

the following methods: 

• Email: velez.glenda@epa.gov. 

• Mail: Glenda Ve ́lez, USEPA-Region 

1, 5 Post Office Square—OEP06–01, 

Boston, MA 02109–3912. 

• No facsimiles (faxes) will be 

accepted. 

FOR FURTHER INFORMATION: Additional 

information concerning the proposed 

approval of Maine’s program in these 

territories may be obtained between the 

hours of 9 a.m. and 5 p.m. Monday 

through Friday excluding holidays from: 

Glenda Ve ́lez, USEPA-Region 1, 5 Post 

Office Square–OEP06–01, Boston, MA 

02109–3912, Telephone: 617–918–1677, 

Email: velez.glenda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

2001 Approval of Maine’s Base NPDES 

Permitting Program 

On December 17, 1999, EPA 

determined that the State of Maine had 

submitted a complete application to 

administer the National Pollutant 

Discharge Elimination System (NPDES) 

permitting program in the state under 

the Clean Water Act (CWA). 33 U.S.C. 

1251, et seq., see 64 FR 73552 (Dec. 30, 

1999). Maine’s application included an 

assertion of authority to implement the 

program in the territories of the 

federally-recognized Indian tribes 

within the state, based on the 

jurisdictional provisions of the Maine 

Indian Claims Settlement Act (MICSA), 

which ratified the Maine Implementing 

Act (MIA). 25 U.S.C. 1721, et seq. and 

30 M.R.S.A. § 6201, et seq., respectively. 

On January 12, 2001, EPA approved 

the State of Maine’s application to 

administer the NPDES program for all 

areas of the state other than Indian 

country. At that point EPA did not take 

any action on Maine’s application to 

administer the program within the 

territories of the federally-recognized 

Indian tribes in Maine. EPA published 

notice of its action on February 28, 

2001. 56 FR 12791. As described in the 

Federal Register, EPA approved the 

state’s application to administer both 

the NPDES permit program covering 

point source dischargers and the 

pretreatment program covering 

industrial dischargers into publicly 

owned treatment works (POTWs). EPA 

did not authorize the state to regulate 

cooling water intake structures under 

CWA section 316(b) (33 U.S.C. 1326(b)). 

56 FR at 12792. 

2003 Partial Approval of Maine’s 

Program in Indian Territories 

On October 31, 2003, EPA approved 

the State of Maine’s application to 

administer the NPDES program in the 


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13340 Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices 

1Neither tribe has applied to EPA to implement 

the NPDES permit program, so this proposed action 

does not invite comment on the question of whether 

either tribe has authority to implement the program. 

Indian territories of the Penobscot 

Indian Nation and the Passamaquoddy 

Tribe, with the exception of any 

discharges that qualified as ‘‘internal 

tribal matters’’ under MICSA and MIA. 

68 FR 65052 (Nov. 18, 2003). This 

action generally authorized the state to 

administer the NPDES program in the 

territories of the two largest Indian 

tribes in the state, finding that the 

combination of MICSA and MIA created 

a unique jurisdictional arrangement that 

granted the state authority to issue 

permits to dischargers. EPA did not 

approve the state’s program to regulate 

two small tribally-owned and operated 

POTWs. EPA determined that 

permitting these POTWs qualified as an 

internal tribal matter and, therefore, fell 

within an enumerated exception to the 

grant of jurisdiction to the state in 

MICSA and MIA. EPA also did not take 

action on the state’s application as it 

applied to the territories of the two 

other federally-recognized tribes in the 

state, the Houlton Band of Maliseet 

Indians and the Aroostook Band of 

Micmacs. These two tribes are subject to 

jurisdictional provisions different from 

those that apply to the Penobscot and 

Passamaquoddy tribes. 

2012 Approval of Maine’s Program as 

to Penobscot and Passamaquoddy 

Tribal Discharges 

On March 26, 2012, EPA approved 

Maine’s NPDES program to apply to 

tribally owned and operated discharges 

in the territories of the Penobscot Nation 

and Passamaquoddy Tribe (the 

‘‘southern tribes’’), pursuant to the 

decision of the Federal Court of Appeals 

for the First Circuit. 77 FR 23481 (April 

19, 2012). The court had found that 

such discharges did not qualify as 

internal tribal matters and were, 

therefore, subject to the laws of the 

state. Maine v. Johnson. 498 F.3d 37 (1st 

Cir. 2007). As a result, EPA approved 

the state to implement its program in 

the territories of the southern tribes 

without exception. Accordingly, the 

state assumed responsibility from EPA 

for issuing and administering the two 

permits EPA had previously withheld 

for the Penobscot Nation Indian Island 

treatment works (EPA NPDES Permit 

No. ME 0101311 and MEPDES License 

No. 2672) and the Passamaquoddy 

Tribal Council treatment works (EPA 

NPDES Permit No. 1011773 and 

MEPDES License No. 2561). In that 

action the EPA only approved the state’s 

program with respect to the two permits 

for the two tribal treatment works. EPA 

did not take action on Maine’s program 

application with respect to the 

Aroostook Band of Micmacs and 

Houlton Band of Maliseet Indians (the 

‘‘northern tribes’’). 

Intervening Legal Developments 

In the process leading up to EPA’s 

2003 partial approval of the state’s 

program in Indian country, EPA had 

invited comment on the state’s 

jurisdiction under MICSA to implement 

its program in the territories of all the 

Indian tribes in Maine, including the 

northern tribes. Since EPA’s initial 

decision to defer action on the state’s 

application as it applies to the northern 

tribes, the Federal Court of Appeals for 

the First Circuit has issued several 

opinions which clarify the operation of 

MICSA’s jurisdictional provisions as 

they apply to those tribes. Therefore, 

EPA is again inviting comment on 

Maine’s application to administer its 

program in the northern tribes’ 

territories so that interested parties can 

address those opinions and any other 

aspects of Maine’s NPDES program 

relevant to authorizing the state’s 

NPDES program in these tribes’ 

territories. In this way, EPA can respond 

to comments that more accurately 

reflect the current state of the law and 

program implementation, rather than 

comments from 2000 and 2001. 

In brief, there are three decisions from 

the First Circuit that EPA expects will 

guide the Agency’s analysis of the 

jurisdictional issues in acting on 

Maine’s application as it applies to the 

northern tribes. The first is Maine v. 

Johnson. 498 F.3d 37. As described 

above, the court held that MICSA’s 

‘‘internal tribal matters’’ exception to 

the state’s jurisdiction over the southern 

tribes did not include discharges of 

pollutants into navigable waters to be 

permitted under Maine’s program. Id. at 

46. Therefore, Maine’s state permitting 

program applies without exception in 

the territories of the southern tribes, and 

the state has jurisdiction sufficient for 

EPA to approve the state’s program 

under the federal Clean Water Act. 

Second, in Aroostook Band of 

Micmacs v. Ryan, 484 F.3d 41 (2007) the 

court held that MICSA made the 

Aroostook Band subject to the state’s 

jurisdiction without the exception for 

‘‘internal tribal matters’’ that is available 

to the southern tribes. Id. at 50. Third, 

in Houlton Band of Maliseet Indians v. 

Ryan the court extended this analysis to 

the Maliseet tribe. 484 F.3d 73, 74–75 

(1st Cir. 2007). In both these cases, each 

tribe sought to block enforcement of 

Maine’s antidiscrimination laws in 

connection with the tribes’ decision to 

terminate the employment of certain 

tribal government employees. The court 

held that the tribes were subject to state 

regulation when making such 

employment decisions. 

Proposed Action on Maine’s Program 

Employment decisions by tribal 

governments qualify as an internal tribal 

matter with respect to the southern 

tribes and, therefore, are beyond the 

reach of state regulation under MICSA. 

Penobscot Nation v. Fellencer, 164 F.3d 

706 (1st Cir. 1999). In its pair of 

decisions in 2007, the First Circuit 

clarified that the scope of Maine’s 

jurisdictional authority over the 

northern tribes reaches further than the 

state’s authority over the southern 

tribes, and the state can regulate matters 

of the northern tribes that would qualify 

as internal tribal matters of the southern 

tribes. The First Circuit has ruled that 

the state has adequate authority to 

implement its NPDES program in the 

territories of the southern tribes, even in 

the face of the internal tribal matters 

exception the southern tribes have from 

state regulation. It appears to follow, 

therefore, that Maine has an even 

stronger claim of authority to implement 

its NPDES program in the territories of 

the northern tribes. 

Accordingly, EPA proposes to 

approve the state to implement its 

NPDES program in the territories of the 

Houlton Band of Maliseet Indians and 

the Aroostook Band of Micmacs, 

provided Maine submits and EPA 

approves a program addressing the 

requirements of CWA section 316(b) as 

described below. EPA invites comment 

on both the determination of the state’s 

jurisdiction to implement the program 

in these tribes’ territories and the 

respective roles of the state, tribes, and 

EPA in the context of a state 

implementing the NPDES program in 

the territories of federally recognized 

tribes in Maine.1

Note that in 2001 when EPA first 

approved the state’s program, Maine did 

not have authority to regulate cooling 

water intake structures under CWA 

section 316(b). The state has since 

granted Maine DEP that authority, and 

EPA is working with DEP to develop the 

state regulations necessary for Maine to 

implement that program. Once Maine 

submits that program, EPA will publish 

a separate notice inviting comment on 

the adequacy of Maine’s section 316(b) 

program before taking final action to 

approve the state’s NPDES program, 

including the section 316(b) program, in 

these territories. The Agency is inviting 

comment now on the balance of the 


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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices 13341 

state’s permitting program and the 

jurisdictional issue. 

Authority: This action is proposed to be 

taken under the authority of Section 402 of 

the Clean Water Act as amended, 42 U.S.C. 

1342. 

Dated: January 31, 2013. 

H. Curtis Spalding, 

Regional Administrator, Region 1. 

[FR Doc. 2013–04531 Filed 2–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request; Purchaser 

Eligibility Certification 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice and request for comment. 

SUMMARY: The FDIC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on revision of an existing 

information collection, as required by 

the Paperwork Reduction Act of 1995 

(44 U.S.C. chapter 35). On December 18, 

2012 (77 FR 74847), the FDIC requested 

comment for 60 days on a proposal to 

revise its Purchaser Eligibility 

Certification information collection, 

which is currently approved under 

OMB Control No. 3064–0135. No 

comments were received on the 

proposal. The FDIC hereby gives notice 

of its plan to submit to OMB a request 

to approve revision of the collection. 

DATES: Comments must be submitted on 

or before March 29, 2013. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

methods: 

• http://www.FDIC.gov/regulations/ 

laws/federal/notices.html. 

• Email: comments@fdic.gov. Include 

the name of the collection in the subject 

line of the message. 

• Mail: Leneta G. Gregorie (202–898– 

3719), Counsel, Room NY–5050, Federal 

Deposit Insurance Corporation, 550 17th 

Street NW., Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 17th Street Building 

(located on F Street), on business days 

between 7:00 a.m. and 5:00 p.m. 

All comments should refer to the 

relevant OMB control number. A copy 

of the comments may also be submitted 

to the OMB desk officer for the FDIC: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Leneta G. Gregorie, at the FDIC address 

above. 

SUPPLEMENTARY INFORMATION: Proposal 

to revise the following currently 

approved collection of information: 

Title: Asset Purchaser Eligibility 

Certification. 

OMB Number: 3064–0135. 

Form Number: FDIC 7300/06, 

‘‘Purchaser Eligibility Certification’’; 

7300/07, ‘‘Pre-Qualification Request’’; 

and 7300/08, ‘‘Contact Information 

Form’’. 

Frequency of Response: On occasion. 

Affected Public: Business or other 

financial institutions. 

Estimated Number of Respondents: 

600. 

Estimated Time per Response: 1.0 

hour (Purchaser Eligibility Certification, 

30 minutes; Pre-Qualification Request, 

20 minutes; and Contact Information 

Form, 10 minutes). 

Total Annual Burden: 600 hours. 

General Description of Collection: The 

FDIC uses the Purchaser Eligibility 

Certification form, FDIC Form No. 7300/ 

06, to identify prospective bidders who 

are not eligible to purchase assets of 

failed institutions from the FDIC. 

Specifically, section 11(p) of the Federal 

Deposit Insurance Act prohibits the sale 

of assets of failed institutions to certain 

individuals or entities that profited or 

engaged in wrongdoing at the expense 

of those failed institutions, or seriously 

mismanaged those failed institutions. 

The FDIC is proposing to update the 

Privacy Act Statement in the Purchaser 

Eligibility Certification form. In 

addition, the FDIC is proposing to add 

two forms to the Purchaser Eligibility 

Certification information collection: the 

Pre-Qualification Request form, FDIC 

Form No. 7300/07, is designed to 

determine which prospective bidders 

are qualified to bid on particular types 

of assets offered by the FDIC (e.g., 

securities, mortgage servicing portfolios, 

shared national credits. Interests in 

structured transactions, credit card 

receivables) for which no further 

qualification criteria are required to be 

met and to ensure that prospective 

bidders understand the terms and 

conditions of asset sales; and the 

Contact Information Form, FDIC Form 

No. 7300/08, determines the type of 

assets a prospective bidder is interested 

in and facilitates communication with 

the prospective bidder. A link to copies 

of the forms can be found directly 

beneath this notice on the FDIC’s 

Federal Register Citations Web page at: 

http://www.fdic.gov/regulations/laws/ 

federal/notices.html. 

Request for Comment 

Comments are invited on: (a) Whether 

the collection of information is 

necessary for the proper performance of 

the FDIC’s functions, including whether 

the information has practical utility; (b) 

the accuracy of the estimates of the 

burden of the information collection, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

All comments will become a matter of 

public record. 

Dated at Washington, DC, this 21st day of 

February 2013. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2013–04438 Filed 2–26–13; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on the agreements to the Secretary, 

Federal Maritime Commission, 

Washington, DC 20573, within ten days 

of the date this notice appears in the 

Federal Register. Copies of the 

agreements are available through the 

Commission’s Web site (www.fmc.gov) 

or by contacting the Office of 

Agreements at (202)-523–5793 or 

tradeanalysis@fmc.gov. 

Agreement No.: 010979–052. 

Title: Caribbean Shipowners 

Association. 

Parties: CMA CGM, S.A.; Seaboard 

Marine, Ltd.; Seafreight Line, Ltd.; 

Tropical Shipping and Construction 

Company Limited; and Zim Integrated 

Shipping Services, Ltd. 

Filing Party: Wayne R. Rohde, Esq.; 

Cozen O’Connor, 1627 I Street NW.; 

Washington, DC 20006. 

Synopsis: The amendment would add 

the Cayman Islands to the geographic 

scope of the agreement. 

Agreement No.: 012129. 

Title: EUKOR/‘‘K’’ Line Space Charter 

Agreement. 

Parties: EUKOR Car Carriers, Inc. and 

Kawasaki Kisen Kaisha, Ltd. 


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