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

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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

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. 

mstockstill on DSK4VPTVN1PROD with NOTICES