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47830 Federal Register / Vol. 71, No.

160 / Friday, August 18, 2006 / Notices

representatives of or officials or DEPARTMENT OF JUSTICE P.O. Box 7611, U.S. Department of


organizations or businesses, available Justice, Washington, DC 20044–7611, or
for public inspection in their entirety. Notice of Lodging of Consent Decree by faxing or e-mailing a request to Tonia
Under the Clean Air Act Fleetwood (tonia.fleetwood@usdoj.gov)
ADDRESSES: This documents is available fax no. (202) 514–0097, phone
for review at Glen Canyon NRA Notice is hereby given that on August
confirmation number (202) 514–1547. In
Headquarters, 691 Scenic View Drive, 11, 2006, a proposed decree in United
requesting a copy from the Consent
Page, AZ 86040, between the hours of 7 States v. A. Finkl & Sons Company,
Decree Library, please enclose a check
a.m. and 4 p.m. Civil Action No. 06 C 4297, was lodged
in the amount of $35.00, payable to the
with the United States District Court for
FOR FURTHER INFORMATION CONTACT: Glen U.S. Treasury or, if by e-mail or fax,
the Northern District of Illinois.
Canyon NRA, P.O. Box 1507, Page, AZ In this action the United States sought forward a check in that amount to the
Consent Decree Library at the stated
86040, or by going to http:// injunctive relief and civil penalties for
address.
planning.nps.gov. violations of the New Source
Performance Standards (NSPS) for William D. Brighton,
SUPPLEMENTARY INFORMATION: Currently, Electric Arc Furnaces and Argon- Assistant Chief, Environmental Enforcement
there is no cellular service in the Oxygen Decarburization Vessels at a Section, Environment and Natural Resources
Bullfrog Marina area, which receives steel forging plant owned and operated Division.
over 200,000 visitors per year. The by A. Finkl & Sons Company (A. Finkl) [FR Doc. 06–6993 Filed 8–17–06; 8:45 am]
cellular antennas are to be installed on at 2011 Southport Avenue in Chicago, BILLING CODE 4410–15–M
the exterior of the Defiance House Illinois. The consent decree will require
Lodge. The Defiance House Lodge is a A. Finkl to comply with all applicable
non-historic 48 room hotel in the requirements of the NSPS, including DEPARTMENT OF JUSTICE
Bullfrog developed area. The proposed emission standards, operational and
equipment standards, maintenance Notice of Lodging of Two Consent
site includes six 51 inch by 13 inch by
requirements, record-keeping and Decrees Between the United States of
3 inch rectangular panel antennas America and Midland Refining
mounted on the façcade of the Defiance reporting requirements. A. Finkl will
also submit to Illinois EPA an Company, Inc., Clear Water Trucking
House Lodge and a nearby ground Company, Inc., Rosann Harpster, and
mounted associated radio equipment application for an amendment to its
Title V permit to provide for compliance Lewis W. Williams Under the
shielded by a cedar privacy fence Comprehensive Environmental
matching existing fencing. The antenna with the emission limitations and other
requirements of the NSPS. Under the Response, Compensation, and Liability
panels do not visibly protrude above the Act
proposed consent decree, A. Finkl will
roofline of the lodge and are painted to
pay a civil penalty of $75,000. In Under 28 CFR 50.7, notice is hereby
match the lodge color scheme. Neither
addition, A. Finkl will spend $620,000 given that on July 10, 2006, two
the antennas nor the associated
to perform two supplemental proposed Consent Decrees in the case of
equipment will have any adverse effects environmental projects: (1) A. Finkl will United States v. Midland Refining
on the area’s scenery or visual install low NOX burners on one of its Company, Inc., Clear Water Trucking
resources. The staff at Glen Canyon gas fired furnaces at a cost of $545,000, Company, Inc., Rosann Harpster, and
National Recreation Area has completed resulting in an expected reduction of Lewis W. Williams, Jr., Civil Action No.
a review and analysis pursuant to the five tons per year in NOX emissions; and 06–1200–JTM, has been lodged with the
National Environmental Policy Act (2) A. Finkl will spend $75,000 to United States District Court for the
(NEPA), the National Historic retrofit 34 vehicles owned by the City of District of Kansas.
Preservation Act, the Chicago with diesel oxidation catalysts. The Complaint sought the recovery of
Telecommunications Act of 1996, and The Department of Justice will receive costs incurred in connection with
National Park Service requirements, for a period of thirty (30) days from the response actions taken by the United
policy and regulations. The NEPA date of this publication comments States Environmental Protection Agency
analysis has determined that there will relating to the consent decree. at the 57th and North Broadway
not be any adverse effects on the park’s Comments should be addressed to the Superfund Site in Wichita, Kansas.
natural or cultural resources resulting Assistant Attorney General, Under the terms of the first Consent
from this proposal; therefore, this Environmental and Natural Resources Decree (the Midland Consent Decree),
project has been categorically excluded Division, P.O. Box 7611, U.S. Midland Refining Company, Inc., Clear
from further analysis under NEPA. Department of Justice, Washington, DC Water Trucking, Inc., and Rosann
Copies of the NEPA analysis will be 20044–7611, and should refer to United Harpster will make payments to the
available at Glen Canyon NRA, 691 States v. A. Finkl & Sons Company, United States totaling $79,000. Under
Scenic View Drive, Page, AZ 86040, or Civil Action No. 06 C 4297, DOJ case the terms of the second Consent Decree
Number 90–5–2–1–08203. (the Williams Consent Decree), Lewis
can be requested by writing to Glen
The consent decree may be examined W. Williams, Jr. will make payments to
Canyon NRA, Attention Stan Burman, at the Office of the United States the United States totaling $110,000.03,
PO Box 1507, Page, AZ 86040, or by Attorney, 219 S. Dearborn St., Chicago, and will make additional payments of a
going to http://parkplanning.nps.gov/ Illinois, and at U.S. EPA Region 5, 77 W. percentage of the gross income derived
Nancie E. Ames,
Jackson Blvd., Chicago, Illinois. During from certain ‘‘Property’’ as defined in
the public comment period, the consent the Consent Decree. In exchange, the
Deputy Superintendent. decree may also be examined on the United States will provide a covenant
jlentini on PROD1PC65 with NOTICES

[FR Doc. 06–7025 Filed 8–17–06; 8:45 am] following Department of Justice Web not to sue and contribution protection to
BILLING CODE 4312–EF–M site: http://www.usdoj.gov/enrd/ all of the Defendants.
Consent_Decrees.html. A copy of the The Department of Justice will receive
consent decree may also be obtained by for a period of thirty (30) days from the
mail from the Consent Decree Library, date of this publication comments

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Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Notices 47831

relating to the Consent Decrees. Issuance of Amendments published in FOR FURTHER INFORMATION CONTACT:
Comments should be addressed to the the Federal Register on August 31, 2004 Mary Drouin, Office of Nuclear
Assistant Attorney General, (69 FR 53112). However, by letter dated Regulatory Research, U.S. Nuclear
Environment and Natural Resources July 27, 2006, the NRC informed the Regulatory Commission, Washington,
Division, P.O. Box 7611, U.S. licensee that the NRC would consider DC 20555–0001, telephone (301) 415–
Department of Justice, Washington, DC the proposed application for 6675, e-mail MXD@NRC.Gov.
20044–7611, and should refer to United amendments to be withdrawn unless the SUPPLEMENTARY INFORMATION: On August
States v. Midland Refining Company, licensee notified the NRC, by August 9, 10, 2006 (71 FN 45864), the NRC
Inc., et al., Civil Action No. 06–1200– 2006, that our understanding was published a notice in the Federal
JTM (D. Kan.), D.J. Ref. 90–11–3–1737/ incorrect. Thus, the August 2, 2004, Register stating that the Nuclear
1. application for amendments is Regulatory Commission has issued for
During the public comment period, considered to be withdrawn by the public comment a revision of a
the Consent Decrees may be examined licensee. regulatory guide (and its associated
on the following Department of Justice For further details with respect to this Standard Review Plan), specifically
Web site: http://www.usdoj.gov/enrd/ action, see the application for Regulatory Guide 1.200, Revision 1, ‘‘An
open.html. Copies of the Consent Decree amendments dated August 2, 2004, and Approach for Determining the Technical
may also be obtained by mail from the the NRC staff’s letter dated July 27, Adequacy of Probabilistic Risk
Consent Decree Library, P.O. Box 7611, 2006. Documents may be examined, Assessment Results for Risk-Informed
U.S. Department of Justice, Washington, and/or copied for a fee, at the NRC’s Activities,’’ which provides guidance to
DC 20044–7611, or by faxing or e- Public Document Room (PDR), located licensees in determining the technical
mailing a request to Tonia Fleetwood at One White Flint North, Public File adequacy of a probabilistic risk analysis
(tonia.fleetwood@usdoj.gov), fax no. Area O1 F21, 11555 Rockville Pike (first used in risk-informed, integrated
(202) 514–0097, phone confirmation floor), Rockville, Maryland. Publicly decision-making process, and to endorse
number (202) 514–1547. In requesting a available records will be accessible standards and industry guidance.
copy from the Consent Decree Library, electronically from the Agencywide Certain pertinent information was
please enclose a check in the amount of Documents Access and Management inadvertently omitted from the notice;
$6.75 for the Midland Consent Decree, Systems (ADAMS) Public Electronic therefore, the NRC is withdrawing the
in the amount of $8.50 for the Williams Reading Room on the internet at the notice. The NRC will issue a corrected
Consent Decree, or in the amount of NRC Web site, http://www.nrc.gov/ notice with a revised date for the review
$15.25 for both Consent Decrees (25 reading-rm.html. Persons who do not and comment period.
cents per page reproduction cost) have access to ADAMS or who
Dated at Rockville, MD, this 14th day of
payable to the United States Treasury. encounter problems in accessing the August 2006.
documents located in ADAMS should
Robert E. Maher, Jr., For the Nuclear Regulatory Commission.
contact the NRC PDR Reference staff by
Assistant Section Chief, Environmental Farouk Eltawila,
telephone at 1–800–397–4209, or 301–
Enforcement Section, Environment and Director, Division of Risk Assessment and
Natural Resources Division. 415–4737, or by e-mail to pdr@nrc.gov.
Special Projects, Office of Nuclear Regulatory
[FR Doc. 06–6992 Filed 8–17–06; 8:45 am] Dated at Rockville, Maryland, this 10th day Research.
of August 2006.
BILLING CODE 4410–15–M [FR Doc. E6–13635 Filed 8–17–06; 8:45 am]
For the Nuclear Regulatory Commission.
BILLING CODE 7590–01–P
Mohan C. Thadani,
NUCLEAR REGULATORY Senior Project Manager, Plant Licensing
COMMISSION Branch IV, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
SECURITIES AND EXCHANGE
[Docket Nos. 50–498 and 50–499] Regulation. COMMISSION
[FR Doc. E6–13631 Filed 8–17–06; 8:45 am] [Release No. 34–54314; File No. SR–Amex–
STP Nuclear Operating Company; BILLING CODE 7590–01–P 2006–27]
Notice of Withdrawal of Application for
Amendments to Facility Operating Self-Regulatory Organizations;
Licenses NUCLEAR REGULATORY American Stock Exchange LLC; Order
COMMISSION Approving a Proposed Rule Change
The U.S. Nuclear Regulatory
and Amendments No. 1 and 2 Thereto
Commission (NRC/the Commission) has
Regulatory Guide and Associated Relating to Interim Members
granted the request of STP Nuclear
Operating Company (the licensee) to Review Plan; Withdrawal of Notice
August 14, 2006.
withdraw its August 2, 2004, AGENCY: Nuclear Regulatory
application for the proposed Commission. I. Introduction
amendments to Facility Operating ACTION: Regulatory Guide and On March 23, 2006, the American
License Nos. NPF–76 and NPF–80, for Associated Standard Review Plan Stock Exchange LLC (‘‘Amex’’ or
the South Texas Project (STP), Units 1 Notice of Issuance and Availability: ‘‘Exchange’’) filed with the Securities
and 2, respectively, located in Withdrawal. and Exchange Commission
Matagorda County, Texas. (‘‘Commission’’), pursuant to Section
The purpose of the licensee’s request SUMMARY: The Nuclear Regulatory 19(b)(1) of the Securities Exchange Act
for amendments was to allow Commission (NRC) is withdrawing the of 1934 (‘‘Act’’) 1 and Rule 19b–4
implementation of a risk-informed notice of the issuance and availability of thereunder,2 a proposal to amend Amex
jlentini on PROD1PC65 with NOTICES

process for determining the allowed a Regulatory Guide for public comment Rule 353 to limit members and member
outage times for STP’s Technical (i.e., Regulatory Guide 1.200, Revision 1 organizations from allocating their seats
Specifications. and its associated Standard Review
The Commission had previously Plan). The NRC is taking this action 1 15 U.S.C. 78s(b)(1).
issued a Notice of Consideration of because of the omission of information. 2 17 CFR 240.19b–4.

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