Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices 5801 

Enforcement and Compliance Docket is 

(202) 566–1927. 

FOR FURTHER INFORMATION CONTACT: 

Sanda Howland, Special Litigation and 

Projects Division (2248–A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone: (202) 564–5022; 

fax: (202) 564–9001; email: 

howland.sanda@epa.gov. 

I. Background 

This settlement agreement is the 

result of voluntary disclosures by 

AboveNet Communications, Inc., 

(AboveNet) to the Special Litigation and 

Projects Division (SLPD) in the Office of 

Civil Enforcement of potential EPCRA 

Sections 311 and 312 reporting 

violations and CWA violations related 

to Spill Prevention, Control, and 

Countermeasure (SPCC) Plan 

requirements. AboveNet, a 

telecommunications company organized 

under the laws of the state of Delaware 

and located at 360 Hamilton Avenue, 

White Plains, NY 10601, disclosed these 

potential violations pursuant to EPA’s 

Incentives for Self-Policing: Discovery, 

Disclosure, Correction and Prevention of 

Violations (Audit Policy), 65 FR 19,618 

(April 11, 2000). 

EPA determined that AboveNet’s 

disclosures satisfied all the conditions 

set forth in the Audit Policy, and 

therefore qualify for a 100% reduction 

of the civil penalty’s gravity component. 

Pursuant to the settlement agreement, 

EPA proposes to waive the gravity based 

penalty. AboveNet will pay a civil 

penalty in the amount of $19,024.00, 

which is the amount of the economic 

benefit gained by AboveNet attributable 

to its delayed compliance with the CWA 

and EPCRA. EPA and AboveNet 

negotiated an administrative Consent 

Agreement in accordance with EPA’s 

Consolidated Rules of Practice, 40 CFR 

part 22, specifically 40 CFR 22.13(b) and 

22.18(b) (In the Matter of AboveNet 

Communications, Inc., Docket Nos. 

CWA–HQ–2012–8000, EPCRA–HQ– 

2012–8000). This Consent Agreement is 

subject to public notice and comment 

under CWA Section 311(b)(6)(C), 33 

U.S.C. 1321(b)(6)(C). 

AboveNet violated CWA Section 

311(j), 33 U.S.C. 1321(j), and the 

regulations found at 40 CFR part 112, 

because it failed to prepare and 

implement SPCC plans for the 4 

facilities listed below. As authorized by 

CWA Section 311(b)(6), 33 U.S.C. 

1321(b)(6), EPA has assessed a civil 

penalty for these violations. 

Site/building code Address City State 

1 ............. DC–21M ..................................... 2100 M Street NW., Suite P110 ........................... Washington ................................. DC. 

2 ............. IL–52R ........................................ 5201 Rose Street .................................................. Chicago ...................................... IL. 

3 ............. MA–SUM .................................... 1 Summer Street ................................................... Boston ........................................ MA. 

4 ............. PA–401 ....................................... 401 N. Broad Street, Suites 240 & 323 ................ Philadelphia ................................ PA. 

Under CWA Section 311(b)(6)(A), 33 

U.S.C. 1321(b)(6)(A), any owner, 

operator, or person in charge of a vessel, 

onshore facility, or offshore facility from 

which oil is discharged in violation of 

CWA Section 311(b)(3), 33 U.S.C. 

1321(b)(3), or who fails or refuses to 

comply with any regulations that have 

been issued under CWA Section 311(j), 

33 U.S.C. 1321(j), may be assessed an 

administrative civil penalty of up to 

$177,500 by EPA. Class II proceedings 

under CWA Section 311(b)(6) are 

conducted in accordance with 40 CFR 

part 22. 

AboveNet also violated EPCRA 

Section 311, 42 U.S.C. 11021, and the 

regulations found at 40 CFR part 370, 

when it failed to submit a Material 

Safety Data Sheet (MSDS) for a 

hazardous chemical(s) or, in the 

alternative, a list of such chemicals, at 

48 facilities for varying lengths of time 

between 2007 and 2011. EPA, as 

authorized by EPCRA Section 325, 42 

U.S.C. 11045, has assessed a civil 

penalty for these violations. 

AboveNet also violated EPCRA 

Section 312, 42 U.S.C. 11022, and the 

regulations found at 40 CFR part 370, 

when it failed to prepare and submit 

emergency and chemical inventory 

forms to the Local Emergency Planning 

Commission (LEPC), the State 

Emergency Response Commission 

(SERC), and/or the fire department with 

jurisdiction over 48 facilities listed in 

Attachment A for varying lengths of 

time between 2007 and 2011. EPA, as 

authorized by EPCRA Section 325, 42 

U.S.C. 11045, has assessed a civil 

penalty for these violations. Attachment 

A to the proposed CAFO lists the 48 

telecommunications facilities in 

violation of EPCRA Sections 311 and 

312. 

Under EPCRA Section 325, 42 U.S.C. 

11045, the Administrator may issue an 

administrative order assessing a civil 

penalty against any person who has 

violated applicable emergency planning 

or right-to-know requirements, or any 

other requirement of EPCRA. 

Proceedings under EPCRA Section 325 

are conducted in accordance with 40 

CFR part 22. 

The procedures by which the public 

may comment on a proposed Class II 

penalty order, or participate in a CWA 

Class II penalty proceeding, are set forth 

in 40 CFR 22.45. The deadline for 

submitting public comment on this 

proposed final order is February 27, 

2013. All comments will be transferred 

to the Environmental Appeals Board 

(EAB) of EPA for consideration. The 

powers and duties of the EAB are 

outlined in 40 CFR 22.4(a). 

Pursuant to CWA Section 

311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), 

EPA will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

List of Subjects 

Environmental protection. 

Dated: December 14, 2012. 

Andrew Stewart, 

Acting Division Director, Special Litigation 

and Projects Division, Office of Enforcement 

and Compliance Assurance. 

[FR Doc. 2013–01708 Filed 1–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9773–7] 

Operating Industries, Inc. Superfund 

Site, Monterey Park, CA; Notice of 

Proposed CERCLA Administrative De 

Minimis Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comment. 

SUMMARY: In accordance with Section 

122(i)(1) of the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, as amended 

(CERCLA), 42 U.S.C. 9622(i) and 

Section 7003(d) of the Resource 

Conservation and Recovery Act, as 

amended (RCRA), 42 U.S.C. 6973, notice 

is hereby given of a proposed 

administrative settlement with 47 de 

minimis settling parties for recovery of 

response costs concerning the Operating 

Industries, Inc. Superfund Site in 

Monterey Park, California. The 

settlement is entered into pursuant to 

Section 122(g) of CERCLA, 42 U.S.C. 


tkelley on DSK3SPTVN1PROD with 
5802 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices 

9622(g) and it requires the settling 

parties to pay $1,624,928 to the United 

States Environmental Protection Agency 

(Agency). The settlement includes a 

covenant not to sue the settling parties 

pursuant to Sections 106 or 107(a) of 

CERCLA, 42 U.S.C. 9606 or 9607(a), and 

Section 7003(d) of RCRA, 42 U.S.C. 

6973. For thirty (30) days following the 

date of publication of this Notice, the 

Agency will receive written comments 

relating to the settlement. 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. 

The Agency’s response to any comments 

received will be available for public 

inspection at 75 Hawthorne Street, San 

Francisco, CA 94105. 

DATES: Pursuant to Section 122(i)(1) of 

CERCLA and Section 7003(d) of RCRA, 

EPA will receive written comments 

relating to this proposed settlement for 

thirty (30) days following the date of 

publication of this Notice. Pursuant to 

Section 7003(d) of RCRA, commenters 

may request an opportunity for a public 

meeting in the affected area. If EPA 

receives a request for a public meeting 

within thirty (30) days following the 

publication of this Notice, EPA will 

hold a public meeting at a date and 

location to be determined. 

ADDRESSES: The proposed settlement is 

available for public inspection at EPA 

Region IX, 75 Hawthorne Street, San 

Francisco, California. A copy of the 

proposed settlement may be obtained 

from Keith Olinger, EPA Region IX, 75 

Hawthorne Street, SFD–7–5, San 

Francisco, CA 94105, telephone number 

415–972–3125. Comments should 

reference the Operating Industries, Inc. 

Superfund Site in Monterey Park, 

California and EPA Docket No. 2011–06 

and should be addressed to Keith 

Olinger at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Janet Magnuson, Assistant Regional 

Counsel (ORC–3), Office of Regional 

Counsel, U.S. EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105; phone: (415) 972–3887; fax: (417) 

947–3570; email: 

magnuson.janet@epa.gov. 

Dated: January 14, 2013. 

Jane Diamond, 

Director, Superfund Division, U.S. EPA, 

Region IX. 

Parties to the Proposed Settlement: 

American Marble & Onyx Company, 

Inc., Arroyo Car Wash Corporation, Bay 

Cities Container Corporation, Brett’s 

Incorporated, C.E. Encell Auto Parts 

Service, Inc., Cal-Chem Cleaning Co., 

Inc., Canplas, LLC, Consumers Oil 

Company, Cormier Chevrolet Company, 

Corradini Corp., fka A. Corradini & 

Sons, aka Corradini Corporation, George 

J. Peckham, Jr., H.W. Hull & Sons, Inc., 

Hacienda Car Wash, Inc., Hiro’s 

Transmission, Inc., International Paper 

Company, International Transportation 

Service, Inc., John Crane, Inc., Koosed 

Enterprises, Inc., Los Feliz Car Wash, 

Margus Auto Electric Exchange, Inc., 

Midway Drilling & Pump Company, MK 

Diamond Products, Inc., National 

Aeronautics and Space Administration, 

National Credit Corporation, North Hills 

Car Wash Company, Oil Well Service 

Company, Pacific Coast Drum Company, 

Pentair, Inc., Porcelain Metals 

Corporation, R.R. Kellogg, Inc., Ralphs 

Grocery Company, RCG Electronics 

Corp., dba Washington Caterers, Resco 

Holdings, LLC, Ryder System, Inc., 

Solar Turbines International Company, 

Standard Graphics Arts Corporation, 

Talley Brothers, Inc., Trans Harbor, Inc., 

Treasure-Craft, V & M Precision 

Grinding Co., V–M Enterprises, Inc., 

Valeant Pharmaceuticals International, 

Valley Proteins (DE), Inc., Vernon 

Sanitation Supply Co., Inc., Western & 

Fourth Car Wash, Inc., Westwood Car 

Wash, Wyeth, LLC. 

[FR Doc. 2013–01593 Filed 1–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

[Public Notice 2013–0106] 

Agency Information Collection 

Activities: Comment Request 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: EIB 92–31 Notification by 

Insured of Amounts Payable Under 

Multi-Buyer Export Credit Insurance 

policy (Standard Assignment). 

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 represents the exporter’s 

directive to Ex-Im Bank to whom and 

where the insurance proceeds should be 

sent. The forms are typically part of the 

documentation required by financial 

institution lenders in order to provide 

financing of an exporter’s foreign 

accounts receivable. Foreign accounts 

receivable insured by Ex-Im Bank 

represent stronger collateral to secure 

the financing. By recording which 

policyholders have completed this form, 

Ex-Im Bank is able to determine how 

many of its exporter policyholders 

require Ex-Im Bank insurance policies 

to support lender financing. The 

application can be reviewed at: 

www.exim.gov/pub/pending/eib92– 

31.pdf Single Buyer Export Credit 

Insurance Policy. 

DATES: Comments should be received on 

or before March 29, 2013 to be assured 

of consideration. 

ADDRESSES: Comments maybe submitted 

electronically on 

WWW.REGULATIONS.GOV or by mail 

to Arnold Chow, Export-Import Bank of 

the United States, 811 Vermont Ave. 

NW., Washington, DC 20571. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 92–31 

Notification by Insured of Amounts 

Payable Under Multi-Buyer Export 

Credit Insurance policy (Standard 

Assignment). 

OMB Number: 3048–XXXX. 

Type of Review: New. 

Need and Use: The information 

requested enables the applicant to 

provide Ex-Im Bank with the 

information necessary to obtain 

legislatively required assurance of 

repayment and fulfills other statutory 

requirements. 

Annual Number of Respondents: 150. 

Estimated Time per Respondent: 1 

hour. 

Frequency of Reporting or Use: 

Annually. 

Government Review Time: 1 hour. 

Total Hours: 150 hours. 

Cost to the Government: $4,875.00. 

Benefits and Overhead: 28%. 

Total Government Cost: $6,240.00. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2013–01651 Filed 1–25–13; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notice 

AGENCY: Federal Election Commission. 

DATE AND TIME: Thursday, January 31, 

2013 at 10:00 a.m. 

PLACE: 999 E Street NW., Washington, 

DC (Ninth Floor). 

STATUS: This meeting will be open to the 

public. 

ITEMS TO BE DISCUSSED: 

Correction and Approval of the Minutes 

for the Meeting of December 20, 2012 


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