Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices 28243 

Group Inc., (Premcor) title V operating 

permit issued by the Texas Commission 

on Environmental Quality (TCEQ). 

Specifically, the Administrator has 

partially granted and partially denied 

the petition submitted by 

Environmental Integrity Project, the 

Community In-Power Development 

Association, Inc., Public Citizen’s Texas 

Office, and the Refinery Reform 

Campaign (Petitioners), to object to the 

permit for Premcor to operate its 

refinery in Port Arthur, Texas. 

Pursuant to section 505(b)(2) of the 

Clean Air Act (Act), the petitioner may 

seek judicial review of those portions of 

the petition which EPA denied in the 

United States Court of Appeals for the 

appropriate circuit. Any petition for 

review shall be filed within 60 days 

from the date this notice appears in the 

Federal Register, pursuant to section 

307 of the Act. 

ADDRESSES: You may review copies of 

the final order, the petition, and other 

supporting information at EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view copies of the 

final order, petition, and other 

supporting information. If you wish to 

examine these documents, you should 

make an appointment at least 24 hours 

before visiting day. The final order is 

also available electronically at: http:// 

www.epa.gov/region07/programs/artd/ 

air/title5/petitiondb/petitions/ 

premcor_portarthur_response2007.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Bonnie Braganza, Air Permits Section, 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

telephone (214) 665–7340, or e-mail at 

braganza.bonnie@epa.gov. 

SUPPLEMENTARY INFORMATION: The Act 

affords EPA a 45-day period to review, 

and, as appropriate, object to operating 

permits proposed by State permitting 

authorities under title V of the Act. 

Section 505(b)(2) of the Act authorizes 

any person to petition the EPA 

Administrator within 60 days after the 

expiration of this review period to 

object to title V operating permits if EPA 

has not done so. Petitions must be based 

only on objections to the permit that 

were raised with reasonable specificity 

during the public comment period 

provided by the State, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. 

On February 16, 2007, EPA received 

a petition from the Petitioners 

requesting that EPA object to the 

issuance of the title V operating permit 

to Premcor for the operation of its 

refinery in Port Arthur, Texas. First, the 

petitioners claim that the proposed 

permit lacks monitoring, recordkeeping, 

and reporting sufficient to assure 

compliance with all emission 

limitations and other substantive Clean 

Air Act requirements. Specifically the 

petitioners cite numerous monitoring, 

recordkeeping, and reporting 

deficiencies in the underlying permits 

and permits by rule that are 

incorporated by reference into the title 

V permit. 

Second, the petitioners claim that the 

extensive use of incorporation by 

reference for emission limitations and 

standards violates title V of the Act and 

its implementing regulations at 40 CFR 

part 70, thereby rendering the permit 

practically unenforceable. The 

petitioners claim that the use of 

incorporation by reference makes it 

practically impossible for the public to 

discover the requirements of the permit, 

which defeats the intention of the title 

V program. Further, the petitioners 

claim that there is inadequate guidance 

as to where the referenced permits may 

be found and they were unable to obtain 

complete or current copies of a number 

of the underlying permits from TCEQ. 

On May 28, 2009, the Administrator 

issued an order partially granting and 

partially denying the petition. The order 

explains the reasons behind EPA’s 

conclusion to partially grant and 

partially deny the petition for objection. 

Dated: June 5, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–14008 Filed 6–12–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8917–7] 

Proposed Administrative Cost 

Recovery Agreement Pursuant to 

Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) for the Haythorne 

Logistics Spill Site, Cheboygan 

County, MI 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Notice and request for public 

comment. 

SUMMARY: In accordance with section 

122(i) of CERCLA, 42 U.S.C. 9622(i), 

notification is hereby given of a 

proposed administrative settlement 

agreement regarding partial recovery of 

costs incurred by EPA in implementing 

a removal action at the site of a truck 

accident on Interstate 75 in Cheboygan 

County, Michigan. EPA proposes to 

enter into this agreement under the 

authority of Sections 107 and 122(h) of 

CERCLA, 42 U.S.C. 9607 and 9622(h). 

The proposed agreement has been 

executed by Haythorne Logistics, a 

trucking company located in Toledo 

Ohio. Under the proposed agreement, 

Haythorne Logistics will pay $119,000 

to reimburse the Superfund for part of 

the $137,915 in costs incurred by EPA 

in implementing the removal action. For 

thirty days following the date of 

publication of this notice, EPA will 

receive written comments relating to the 

proposed agreement. EPA will consider 

all comments received and may decide 

not to enter into the proposed agreement 

if comments disclose facts or 

considerations which indicate that the 

agreement is inappropriate, improper or 

inadequate. 

DATES: Comments on the proposed 

agreement must be received by EPA on 

or before July 15, 2009. 

ADDRESSES: Comments should be 

addressed to the Docket Clerk, U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604–3590, and 

should refer to: In the Matter of 

Haythorne Logistics, EPA Docket No. V– 

W–‘09–C–924. 

FOR FURTHER INFORMATION CONTACT: 

Reginald A. Pallesen, Associate 

Regional Counsel, by mail at: U.S. 

Environmental Protection Agency, 

Office of Regional Counsel (C–14J), 77 

West Jackson Boulevard, Chicago, 

Illinois 60604–3590, or by phone at: 

(312) 886–0555. A copy of the proposed 

administrative settlement agreement 

may be obtained in person or by mail 

from the EPA’s Region 5 Office of 

Regional Counsel, 77 West Jackson 

Boulevard, Chicago, Illinois 60604– 

3590. Additional background 

information relating to the settlement is 

available for review at the EPA’s Region 

5 Office of Regional Counsel. 

Authority: The Comprehensive 

Environmental Response, Compensation, and 

Liability Act, as amended, 42 U.S.C. 9601– 

9675. 


pwalker on PROD1PC71 with NOTICES
28244 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices 

1 The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

Dated: June 4, 2009. 

Douglas E. Ballotti, 

Acting Director, Superfund Division, Region 

5. 

[FR Doc. E9–14025 Filed 6–12–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than June 29, 

2009. 

A. Federal Reserve Bank of 

Minneapolis (Jacqueline G. King, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480–0291: 

1. Richard Jordahl, Fargo, North 

Dakota; to acquire voting shares of 

Hatton Bancshares, Inc., Fargo, North 

Dakota, and thereby indirectly acquire 

voting shares of Farmers and Merchants 

National Bank, Hatton, North Dakota. 

Board of Governors of the Federal Reserve 

System, June 9, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–13923 Filed 6–12–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than July 9, 2009. 

A. Federal Reserve Bank of 

Philadelphia (Michael E. Collins, Senior 

Vice President) 100 North 6th Street, 

Philadelphia, Pennsylvania 19105– 

1521: 

1. First BanCapital Fund I, LP.; First 

BanCapital Parallel Fund I, LP.; CBCF 

Partners, L.P.; MJR, LLC; MJR Financial 

Group, LLL, all of Bethlehem, 

Pennsylvania; to acquire between 6.1 

and 9.7 percent of the voting shares of 

Old Florida Bancsahres, Inc., and 

thereby indirectly acquire voting shares 

of Old Florida National Bank, both of 

Longwood, Florida. 

Board of Governors of the Federal Reserve 

System, June 9, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–13922 Filed 6–12–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3099] 

Sears Holdings Management 

Corporation; Analysis of Agreement 

Containing Consent Order to Aid 

Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

complaint and the terms of the consent 

order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before July 6, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to‘‘Sears, File 

No. 082–3099’’ to facilitate the 

organization of comments. Please note 

that your comment—including your 

name and your state—will be placed on 

the public record of this proceeding, 

including on the publicly accessible 

FTC website, at (http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’s Social Security Number; 

date of birth; driver’s license number or 

other state identification number, or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential.* * * as provided in 

Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

FTC Rule 4.9(c), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftcsearsholdings) (and following the 

instructions on the web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink: 


pwalker on PROD1PC71 with NOTICES