### 46759 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices

that is placed in the official public docket, and made available in EPA’s electronic public docket.

Dated: July 27, 2012.
Lorie J. Schmidt,

Associate General Counsel.

[FR Doc. 2012–19128 Filed 8–3–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9711–3]**

**Proposed Consent Decree, Clean Air**
**Act Citizen Suit**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of proposed consent decree; request for public comment.

**SUMMARY :**  In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by
National Parks Conservation Association, Montana Environmental Information Center, Grand Canyon Trust, San Juan Citizens Alliance, Our Children’s Earth Foundation, Plains Justice, Powder River Basin Resource Council, Sierra Club, and
Environmental Defense Fund (collectively ‘‘Plaintiffs’’) in the United
States District Court for the District of
Columbia: National Parks Conservation Association, et al. v. Jackson, No. 1:11– cv–1548 (D.D.C.). Plaintiffs filed a complaint alleging that EPA failed to promulgate regional haze federal implementation plans (FIPs) or approve regional haze state implementation plans (SIPs) for various states, including Florida, as required by section 110(c) of the CAA. The complaint further alleged
that EPA had also failed to act on ten regional haze SIP submissions, as required by section 110(k) of the CAA. On March 30, 2012, the Court entered a partial consent decree resolving all claims asserted by Plaintiffs, except those with respect to Florida. The proposed consent decree establishes proposed and final promulgation deadlines for EPA to meet its obligations with respect to Florida to resolve Plaintiffs’ remaining claims.

**DATES :**  Written comments on the proposed consent decree must be received by September 5, 2012.

**ADDRESSES :**  Submit your comments, identified by Docket ID number EPA– HQ–OGC–2012–0617, 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. 74 FR 2392. Plaintiffs filed a complaint in 2011 pursuant to CAA section 304(a)(2), 42 U.S.C. 7604(a)(2), alleging, inter alia, failure by the Administrator to promulgate regional haze FIPs or approve regional haze SIPs for 34 states within two years of its January 15, 2009 finding, as required by section 110(c) of
the CAA.

EPA published notice of a proposed
consent decree to resolve the deadline suit filed by Plaintiffs, requesting
comment in accordance with section 113(g) of the CAA. 76 FR 75544 (Dec. 2, 2011). Following its review of the comments, EPA concluded that it would be inappropriate to move forward with the consent decree as it applied to Florida, and EPA withdrew its consent to the provisions of the consent decree establishing deadlines for action with respect to Florida. As a result, in March 2012, the Court entered a partial consent decree resolving all Plaintiffs’ claims, except those with respect to Florida. EPA is requesting comment today on a new proposed consent that addresses the Agency’s failure to promulgate a regional haze FIP or approve a regional haze SIP for Florida within two years of its finding that Florida had failed to submit a plan by the December 17, 2007
deadline.

The proposed consent decree would resolve the remaining claims by
Plaintiffs in National Parks Conservation Association, et al. v. Jackson, No. 1:11–cv–1548 (D.D.C.). EPA recently proposed action on certain revisions to the Florida SIP addressing regional haze. 77 FR 31240 (May 25, 2012). The proposed consent decree requires EPA to sign for publication in
the Federal Register by November 15, 2012, a notice(s) of final rulemaking taking action on the matters addressed in the May 25, 2012 notice of proposed rulemaking. The proposed consent decree also establishes proposed and final promulgation deadlines of December 3, 2012, and July 13, 2013, respectively, for EPA to approve a SIP or promulgate a FIP that will meet all remaining regional haze requirements for Florida. The proposed consent decree further requires that within ten business days of signing a proposed or final rulemaking, EPA will deliver the
notice to the Office of the Federal Register and will provide a copy of the
notice to Plaintiffs within five business days. After EPA fulfills its obligations under the proposed consent decree, EPA may move to have this decree
terminated.

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 proposed 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–2012–0617) contains a copy of the proposed consent decree.


### 46760 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices

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 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.

Dated: July 27, 2012.
Lorie J. Schmidt,

Associate General Counsel.

[FR Doc. 2012–19167 Filed 8–3–12; 8:45 am]

**BILLING CODE 6560–50–P**

**FEDERAL COMMUNICATIONS**
**COMMISSION**

**Information Collections Approved by the Office of Management and Budget** 

**AGENCY :**  Federal Communications

Commission.

**ACTION :**  Notice of public information collection approved by the Office of Management and Budget.

**SUMMARY :**  The Federal Communications
Commission has received the Office of Management and Budget (OMB) approval for the following public information collection(s) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number, and no person is required to respond to
a collection of information unless it displays a currently valid OMB control
number. **FOR FURTHER INFORMATION CONTACT :**  For additional information, please contact Cathy Williams on (202) 418–2918 or
via email at cathy.williams@fcc.gov.

**SUPPLEMENTARY INFORMATION :** 

OMB Control Number: 3060–1173. OMB Approval Date: July 24, 2012. OMB Expiration Date: July 31, 2015. Title: Creation of a Low Power Radio
Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Fourth Report and
Order and Third Order on Reconsideration (‘‘Fourth Report and Order’’), MM Docket 99–25, MB Docket No. 07–172, RM–11338; Implementation of Application Caps.

Form Number: N/A. Number of Respondents and Responses: 300 respondents; 300

responses.

Frequency of Response: One-time reporting requirement.

Estimated Time per Response: 2 hours.

Total Annual Burden: 600 hours. Total Annual Costs: None. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i) of the Communications Act of 1934, as
amended.

Nature and Extent of Confidentiality: There is no need for confidentiality with
this collection of information.

Privacy Impact Assessment(s): No impact(s).

Needs and Uses: On March 19, 2012, the Commission adopted a Fourth Report and Order and Third Order on Reconsideration (‘‘Fourth Report and Order’’), FCC 12–29. In the Fourth Report and Order, the Commission adopts the national and market-specific caps proposed in the Third Further Notice, FCC 11–105, and requires parties with more than 50 pending applications and/or more than one pending application in the markets identified in Appendix A of the Fourth Report and Order (the top 150 Arbitron markets plus markets with more than 4 pending translator applications) to request the dismissal of applications to comply with these limits. Applicants may request such dismissal by filing a letter with the Commission (‘‘Dismissal Letter’’) identifying the applications they wish to be dismissed. In the event that an applicant does not timely comply with these dismissal procedures, the Commission staff will first apply the national cap, retaining on file the first 50 filed applications and dismissing those that were subsequently
filed. The staff will then dismiss all but the first filed application in each of the markets identified in Appendix A.