Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Notices 54909 

Comments, questions regarding the 

Supplemental EIS process, and requests 

to be placed on the SPD Supplemental 

EIS mailing list should be directed to 

Ms. McAlhany by any of the means 

given above or by calling toll-free 877– 

344–0513. 

FOR FURTHER INFORMATION CONTACT: For 

general information about the DOE 

NEPA process, please contact: Ms. Carol 

Borgstrom, Director, Office of NEPA 

Policy and Compliance (GC–54), U.S. 

Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585, telephone 202– 

586–4600, or leave a message at 800– 

472–2756. Additional information 

regarding DOE NEPA activities and 

access to many of DOE’s NEPA 

documents are available on the Internet 

through the DOE NEPA Web site at 

http://www.energy.gov/nepa. 

SUPPLEMENTARY INFORMATION: On July 

27, 2012, the U.S. Department of Energy 

(DOE) published a notice of availability 

for the Draft Surplus Plutonium 

Disposition Supplemental 

Environmental Impact Statement (SPD 

Supplemental EIS; DOE/EIS–0283–S2) 

for public review and comment. (77 FR 

44222) That notice stated that the public 

review and comment period would 

continue until September 25, 2012. DOE 

has decided to extend the public 

comment period by 15 days through 

October 10, 2012. 

Also, in addition to the public 

hearings being conducted as announced 

in the notice of availability, DOE will 

hold one additional hearing on the Draft 

SPD Supplemental EIS at the following 

location: 

• September 18, 2012 (5:30 p.m. to 8 

p.m.) Northern New Mexico College, 

Espan ̃ ola Campus, Center for Fine Arts 

Building, 921 N. Paseo de On ̃ ate, 

Espan ̃ ola, New Mexico 87532. 

Individuals who would like to present 

comments orally at this hearing should 

register upon arrival at the hearing. 

Speaking time will be allotted by the 

hearing moderator to each individual 

wishing to speak to ensure that all who 

wish to speak have the opportunity to 

do so. DOE representatives will be 

available during an open house portion 

of these hearings to discuss the Draft 

SPD Supplemental EIS. Following a 

presentation by DOE, the public will 

have an opportunity to provide oral and 

written comments during the formal 

portion of the hearing. 

The Draft SPD Supplemental EIS 

analyzes the potential environmental 

impacts of alternatives for disposition of 

13.1 metric tons (14.4 tons) of surplus 

plutonium for which DOE has not made 

a disposition decision, including 7.1 

metric tons (7.8 tons) of plutonium from 

pits that were declared excess to 

national defense needs. It also updates 

previous DOE NEPA analyses on 

plutonium disposition to consider 

additional options for pit disassembly 

and conversion, which entails 

processing plutonium metal 

components to produce an oxide form of 

plutonium suitable for disposition, and 

the use of mixed oxide (MOX) fuel 

fabricated from surplus plutonium in 

domestic commercial nuclear power 

reactors to generate electricity, 

including five reactors at two specific 

Tennessee Valley Authority (TVA) 

reactor plants. DOE is not revisiting the 

decision to fabricate 34 metric tons (MT) 

(37.5 tons) of surplus plutonium into 

MOX fuel in the MOX Fuel Fabrication 

Facility (MFFF) (65 FR 1608, January 

11, 2000 and 68 FR 20134, April 24, 

2003), now under construction at DOE’s 

Savannah River Site (SRS) in South 

Carolina, and to irradiate the MOX fuel 

in commercial nuclear reactors used to 

generate electricity. 

TVA is a cooperating agency on this 

SPD Supplemental EIS. TVA is 

considering the use of MOX fuel, 

produced as part of DOE’s Surplus 

Plutonium Disposition Program, in its 

nuclear power reactors. 

Comments on the Draft SPD 

Supplemental EIS may be submitted 

according to the instructions provided 

above under ADDRESSES. In preparing 

the final SPD Supplemental EIS, DOE 

will consider all comments presented at 

the hearing, comments received by fax 

or email and comments postmarked by 

the end of the comment period. DOE 

will consider comments received after 

that date to the extent practicable. 

Issued in Washington, DC, on August 30, 

2012. 

Neile Miller, 

Principal Deputy Administrator for the 

National Nuclear Security Administration. 

[FR Doc. 2012–21983 Filed 9–5–12; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9724–6] 

Clean Water Act: Availability of List 

Decisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for 

comments. 

SUMMARY: This notice announces EPA’s 

decision to identify certain water 

quality limited waters and the 

associated pollutant to be listed 

pursuant to the Clean Water Act Section 

303(d)(2) on New York’s list of impaired 

waters, and requests public comment. 

Section 303(d)(2) requires that States 

submit, and EPA approve or disapprove, 

lists of waters for which existing 

technology-based pollution controls are 

not stringent enough to attain or 

maintain State water quality standards 

and for which total maximum daily 

loads (TMDLs) must be prepared. 

On August 16, 2012, EPA disapproved 

New York’s decision to exclude the 

Lower Esopus Creek from its 2012 

303(d) list. EPA evaluated existing and 

readily available data and information 

and concluded that the applicable 

narrative water quality standard for 

turbidity is being exceeded in the Lower 

Esopus Creek. Based on this evaluation, 

EPA has determined that the Lower 

Esopus Creek is not fully attaining the 

water quality standards established by 

New York State and should be included 

on the State’s 303(d) list of impaired 

waters. 

EPA is providing the public the 

opportunity to review its decision to 

add this water to New York’s 303(d) list, 

as required by 40 CFR 130.7(d)(2). EPA 

will consider public comments before 

transmitting its final listing decision to 

the State. 

DATES: Comments must be submitted to 

EPA on or before October 9, 2012. 

ADDRESSES: Comments on the proposed 

decision should be sent to Sheri 

Jewhurst, U.S. Environmental Protection 

Agency Region 2, 290 Broadway, New 

York, NY 10007, email 

jewhurst.sheri@epa.gov, telephone (212) 

637–3035, facsimile (212) 637–3889. 

Oral comments will not be considered. 

Copies of EPA’s letter explaining the 

rationale for EPA’s decision concerning 

New York’s list can be obtained by 

calling or emailing Ms. Jewhurst at the 

address above. Underlying documents 

from the administrative record for these 

decisions are available for public 

inspection at the above address. Please 

contact Ms. Jewhurst to schedule an 

inspection. 

FOR FURTHER INFORMATION CONTACT: 

Sheri Jewhurst at (212) 631–3035 or at 

jewhurst.sheri@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

303(d) of the Clean Water Act (CWA) 

requires that each state identify those 

waters for which existing technologybased pollution controls are not 

stringent enough to attain or maintain 

state water quality standards. For those 

waters, states are required to establish 

TMDLs according to a priority ranking. 

EPA’s Water Quality Planning and 

Management regulations include 


TKELLEY on DSK3SPTVN1PROD with NOTICES
54910 Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Notices 

requirements related to the 

implementation of Section 303(d) of the 

CWA (40 CFR 130.7). The regulations 

require states to identify water quality 

limited waters still requiring TMDLs 

every two years. The lists of waters still 

needing TMDLs must also include 

priority rankings, identify the pollutants 

causing the impairment, and identify 

the waters targeted for TMDL 

development during the next two years 

(40 CFR 130.7). 

Consistent with EPA’s regulations, 

New York submitted its listing decisions 

under Section 303(d)(2) to EPA in 

correspondence dated March 30, 2012 

and July 25, 2012. On August 16, 2012, 

EPA partially approved New York’s 

submittal of the 303(d) list, and 

disapproved New York’s decision to 

exclude Lower Esopus Creek from the 

2012 list. EPA is soliciting public 

comment on the addition of this water 

to the State’s list, as required by 40 CFR 

130.7(d)(2). 

Authority: Clean Water Act, 33 U.S.C. 

1251 et seq. 

Dated: August 28, 2012. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

[FR Doc. 2012–22020 Filed 9–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Sunshine Act Meeting 

ACTION: Notice of Open Special Meeting 

of the Sub-Saharan Africa Advisory 

Committee (SAAC) of the Export-Import 

Bank of the United States (ExportImport Bank). 

TIME AND PLACE: September 19, 2012 at 

11 a.m. to 3 p.m. The meeting will be 

held at the Export-Import Bank in Room 

326, 811 Vermont Avenue NW., 

Washington, DC 20571. 

SUMMARY: The Sub-Saharan Africa 

Advisory Committee was established by 

Public Law 105–121, November 26, 

1997, to advise the Board of Directors on 

the development and implementation of 

policies and programs designed to 

support the expansion of the Bank’s 

financial commitments in Sub-Saharan 

Africa under the loan, guarantee, and 

insurance programs of the Bank. 

Further, the committee shall make 

recommendations on how the Bank can 

facilitate greater support by U.S. 

commercial banks for trade with SubSaharan Africa. 

AGENDA: Presentation on recent 

developments in Sub-Saharan Africa 

markets by Export-Import Bank staff; an 

update on the Bank’s on-going business 

development initiatives in the region; 

and Committee discussion of current 

challenges and opportunities for U.S. 

exporters. 

PUBLIC PARTICIPATION: The meeting will 

be open to public participation, and the 

last 10 minutes will be set aside for oral 

questions or comments. Members of the 

public may also file written statement(s) 

before or after the meeting. If any person 

wishes auxiliary aids (such as a sign 

language interpreter) or other special 

accommodations, please contact, prior 

to September 19, 2012, Richard Thelen, 

811 Vermont Avenue NW., Washington, 

DC 20571, Voice: (202) 565–3515 or 

TDD (202) 565–3377. 

FURTHER INFORMATION CONTACT: For 

further information, contact Richard 

Thelen, 811 Vermont Avenue NW., 

Washington, DC 20571, (202) 565–3515. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2012–22037 Filed 9–4–12; 11:15 am] 

BILLING CODE 6690–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[MB Docket No. 12–230; DA 12–1347] 

Media Bureau Seeks Comment on 

TiVo’s Request for Clarification and 

Waiver of the Commission’s 

Audiovisual Output Requirement 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the Media 

Bureau seeks comment on a petition for 

waiver and clarification of the 

Commission’s rules filed by TiVo Inc. 

These comments are necessary to help 

the Media Bureau decide whether to 

grant TiVo’s request. The intended 

effect of this action is to release an order 

that either grants or denies TiVo’s 

request. 

DATES: Submit comments on or before 

September 21, 2012. Submit reply 

comments on or before October 1, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Brendan Murray, 

Brendan.Murray@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418– 

2120. 

SUPPLEMENTARY INFORMATION: TiVo Inc. 

(‘‘TiVo’’) has filed a request pursuant to 

Sections 1.3, 76.7, and 76.1207 of the 

Commission’s rules for waiver of part of 

Section 76.640(b)(4)(iii) of the 

Commission’s rules. Section 

76.640(b)(4)(iii) requires cable operators 

to ‘‘ensure that the cable-operatorprovided high definition set-top boxes, 

except unidirectional set-top boxes 

without recording functionality, shall 

comply with an open industry standard 

that provides for audiovisual 

communications including service 

discovery, video transport, and remote 

control command pass-through 

standards for home networking’’ by 

December 1, 2012. This rule is designed 

to ensure that consumers will be able to 

connect consumer electronics devices 

that they own to set-top boxes that they 

lease from their cable operators for 

whole-home viewing and recording. 

TiVo also asks the Commission to 

clarify the meaning of the phrase ‘‘open 

industry standard’’ in the rule. TiVo 

seeks a waiver of 76.640(b)(4)(iii) for 

TiVo boxes that cable operators lease to 

subscribers. TiVo requests that this 

waiver last until 12 months after cable 

operators have deployed at least 100,000 

Cisco set-top boxes and 100,000 

Motorola set-top boxes that include an 

output that complies with Section 

76.640(b)(4)(iii). TiVo maintains that 

waiver of ‘‘an open standard’’ 

implementation for cable operators with 

respect to TiVo boxes that cable 

operators lease to subscribers would 

cause no harm to interested parties and 

will benefit consumers. We seek 

comment on TiVo’s request. Authority 

for this action is contained in 47 U.S.C. 

154(i), 549, and 47 CFR 0.283, 1.3, and 

76.7(b)(1). 

This proceeding will be treated as 

‘‘permit but disclose’’ for purposes of 

the Commission’s ex parte rules. As a 

result of the permit-but-disclose status 

of this proceeding, ex parte 

presentations will be governed by the 

procedures set forth in Section 1.1206 of 

the Commission’s rules applicable to 

non-restricted proceedings. 

Comments and oppositions are due 

September 21, 2012. Petitioner’s reply is 

due October 1, 2012. All filings must be 

submitted in MB Docket No. 12–230. 

Pleadings sent via email to the 

Commission will be considered 

informal and will not be part of the 

official record. Interested parties will 

have access to comments online through 

the Commission’s Electronic Comment 

Filing System (ECFS), and therefore we 

waive the requirements of Sections 

76.7(b)(1) and 76.7(c)(1) that comments 

and oppositions be served on interested 

parties. 

Comments may be filed using: (1) 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. 

Electronic Filers: Comments may be 

filed electronically using the Internet by 


TKELLEY on DSK3SPTVN1PROD with NOTICES