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Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices

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have time allocated for public
testimony. The public is welcomed to
present written or oral comments to the
SRC. The NPS SRC program is
authorized under Title VIII, Section 808,
of the Alaska National Interest Lands
Conservation Act, Public Law 96–487,
to operate in accordance with the
provisions of the Federal Advisory
Committee Act. Draft meeting minutes
will be available upon request from each
Superintendent for public inspection
approximately six weeks after each
meeting.
DATES: The Lake Clark National Park
SRC meeting will be held from 1 p.m.
to 5 p.m., on Wednesday, March 11,
2009.
Location: The meeting will be held at
the Nondalton Community Center, in
Nondalton, AK.
FOR FURTHER INFORMATION CONTACT:
Michelle Ravenmoon, Subsistence
Coordinator, Lake Clark National Park,
One Park Place, Port Alsworth, AK
99653; telephone: (907) 781–2135 or
Mary McBurney, Subsistence Manager,
2181 Kachemak Drive, Homer, AK;
telephone: (907) 271–3751.
DATES: The Wrangell-St. Elias National
Park SRC meeting will be held from 9
a.m. to 5 p.m. on Wednesday, March 18,
2009.
Location: The meeting will be held at
the Gakona Village Hall in Gakona,
Alaska. The alternate meeting site is
Wrangell-St. Elias National Park and
Preserve Headquarters, Copper Center,
AK, telephone: (907) 822–5234.
FOR FURTHER INFORMATION CONTACT:
Barbara Cellarius, Subsistence Manager/
Cultural Anthropologist, Wrangell-St.
Elias National Park and Preserve, P.O.
Box 439, Copper Center, AK 99573;
telephone: (907) 822–7236, or Clarence
Summers, Subsistence Coordinator, NPS
Alaska Regional Office; telephone: (907)
644–3603.
SUPPLEMENTARY INFORMATION: SRC
meeting locations and dates may need to
be changed based on weather or local
circumstances. If meeting dates and
locations are changed, notice of each
meeting will be published in local
newspapers and announced on local
radio stations prior to the meeting dates.
The proposed agendas for each
meeting include the following:
1. Call to order (SRC Chair).
2. SRC Roll Call and Confirmation of
Quorum.
3. SRC Chair and Superintendent’s
Welcome and Introductions.
4. Review and Approve Agenda.
5. Review and adopt minutes from
last meeting.
6. SRC Membership Status.

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7. SRC Member Reports.
8. Park Superintendent and NPS Staff
Reports.
9. Federal Subsistence Board Update.
a. Wildlife Proposals.
b. Fisheries Proposals.
10. Board of Game and Board of
Fisheries Updates.
11. Subsistence Uses: Horns, Antlers,
Bone and Plant Environmental
Assessment Update.
12. Old Business.
13. New Business.
14. Agency and Public Comments.
15. SRC Work Session.
16. Adjournment.
Dated: January 13, 2009.
Victor Knox,
Deputy Regional Director.
[FR Doc. E9–2663 Filed 2–6–09; 8:45 am]
BILLING CODE 4310–70–P

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Agency Information Collection;
Activities Under OMB Review;
Comment Request
AGENCY: Bureau of Reclamation,
Interior.
ACTION: Notice of renewal of a currently
approved collection (OMB No. 1006–
0003).
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, the
Bureau of Reclamation (Reclamation,
we) has forwarded the following
Information Collection Request (ICR) to
the Office of Management and Budget
(OMB) for review and approval: Use
Authorization Application (Form 7–
2540), OMB Control Number: 1006–
0003. Title 43 CFR part 429 requires that
applicants for certain uses of
Reclamation land, facilities, and
waterbodies apply using Form 7–2540.
We request your comments on specific
aspects of the revised Use Authorization
Application Form.
DATES: OMB has up to 60 days to
approve or disapprove this information
collection, but may respond after 30
days; therefore, public comments must
be received on or before March 11, 2009
to assure maximum consideration.
ADDRESSES: You may send written
comments to the Desk Officer for the
Department of the Interior at the Office
of Management and Budget, Office of
Information and Regulatory Affairs, via
facsimile to (202) 395–6566 or e-mail to
[email protected]. A copy
of your comments should also be
directed to the Bureau of Reclamation,

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Attention: 84–53000, PO Box 25007,
Denver, CO 80225.
FOR FURTHER INFORMATION CONTACT:
Greek Taylor at: (303) 445–2895.
SUPPLEMENTARY INFORMATION:
Title: Bureau of Reclamation Use
Authorization Application, 43 CFR part
429.
Abstract: Reclamation is responsible
for approximately 6.5 million acres of
land which directly support
Reclamation’s Federal water projects in
the 17 western states. Individuals or
entities wanting to use Reclamation’s
lands, facilities, or waterbodies must
submit an application to gain
permission for such uses. Examples of
such uses are:
—Agricultural uses such as grazing and
farming;
—Commercial or organized recreation
and sporting activities;
—Other commercial activities such as
‘‘guiding and outfitting’’ and ‘‘filming
and photography;’’ and
—Resource exploration and extraction,
including sand and gravel removal
and timber harvesting.
Reclamation reviews applications to
determine whether granting individual
use authorizations is compatible with
Reclamation’s present or future uses of
the lands, facilities, or waterbodies.
When we find a proposed use
compatible, we advise the applicant of
the estimated administrative costs and
estimated application processing time.
In addition to the administrative costs,
we require the applicant to pay a use fee
for the use authorization based on a
valuation or competitive bidding. If the
application is for construction of a
bridge, building, or other significant
construction project, Reclamation may
require that all plans and specifications
be signed and sealed by a licensed
professional engineer.
We changed the form and its
instructions to comply with revisions to
43 CFR part 429. The name of the form
is now ‘‘Bureau of Reclamation Use
Authorization Application’’ and ‘‘rightof-use’’ is replaced with ‘‘use
authorization’’ in the form and
instructions. We expanded the examples
in the instructions of proposed uses for
which you must seek permission. The
instructions reflect an application fee of
$100. However, some applications may
incur a higher cost due to additional
required analyses such as the need to
perform a valuation or to ensure
compliance with the National
Environmental Policy Act. The average
cost for preparing an application is
estimated to be $200. We made other
changes to the form and the instructions
to improve the readability and

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information-gathering. For instance, the
form now requests day and evening
phone numbers, instead of work and
home numbers.
Frequency: Each time a use
authorization is requested.
Respondents: Individuals,
corporations, companies, and State and
local entities who want to use
Reclamation lands, facilities, or
waterbodies.
Estimated Annual Total Number of
Respondents: 175.
Estimated Number of Responses per
Respondent: 1.
Estimated Total Number of Annual
Responses: 175.
Estimated Total Annual Burden on
Respondents: 350 hours.
Estimated Completion Time per
Respondent: 2 hours.
Comments
We invite your comments on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of our functions, including
whether the information will have
practical use;
(b) The accuracy of our burden
estimate for the proposed collection of
information;
(c) Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
(d) Ways to minimize the burden of
the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. Reclamation will
display a valid OMB control number on
the Use Authorization Application Form
7–2540. A Federal Register notice with
a 60-day comment period soliciting
comments on this collection of
information was published in the
Federal Register (73 FR 56865, Sep. 30,
2008). No public comments were
received.
OMB has up to 60 days to approve or
disapprove this information collection,
but may respond after 30 days;
therefore, public comment should be
submitted to OMB within 30 days in
order to assure maximum consideration.
Before including your address,
telephone number, e-mail address, or
other personal identifying information
in your comment, you should be aware
that your entire comment (including
your personal identifying information)
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personal

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identifying information from public
review, we cannot guarantee that we
will be able to do so.
Roseann Gonzales,
Director, Policy and Program Services, Denver
Office.
[FR Doc. E9–2639 Filed 2–6–09; 8:45 am]
BILLING CODE 4310–MN–P

DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
in United States v. Kentucky Utilities
Company Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that on February 3, 2009, a
proposed consent decree (‘‘Consent
Decree’’) between Kentucky Utilities
Company (‘‘Kentucky Utilities’’) and the
United States in connection with Civil
Action No. 5:07–CV–75–KSF, was
lodged with the United States District
Court for the Eastern District of
Kentucky.
The Consent Decree would resolve
claims asserted by the United States
against Kentucky Utilities pursuant to
Sections 113(b) and 167 of the Clean Air
Act (the ‘‘Act’’), 42 U.S.C. 7413(b) and
7477, seeking injunctive relief and the
assessment of civil penalties for
Kentucky Utilities’ violations of:
(a) The Prevention of Significant
Deterioration (‘‘PSD’’) provisions in Part
C of Subchapter I of the Act, 42 U.S.C.
7470–92;
(b) The New Source Performance
Standards (‘‘NSPS’’) provisions of the
Act, 42 U.S.C. 7411;
(c) Title V of the Act, 42 U.S.C. 7661
et seq.; and
(d) The federally enforceable State
Implementation Plan (‘‘SIP’’) developed
by the Commonwealth of Kentucky.
Kentucky Utilities Company is a
Kentucky corporation headquartered in
Lexington, Kentucky. Kentucky Utilities
owns and operates five coal-fired
electrical power generating stations in
Kentucky. One of those stations, the
E.W. Brown Plant (‘‘Brown Plant’’) is
located on Lake Herrington in Mercer
County, Kentucky. The Brown Plant
operates three coal-fired boiler units.
Only Unit 3 at the Brown Plant (‘‘Brown
Unit 3’’) is the subject of this settlement.
The complaint filed by the United States
alleges that Kentucky Utilities modified
Brown Unit 3 without complying with
the PSD requirements of the Act
(including the requirements to first
obtain a PSD permit authorizing the
modification and to install and operate
the best available technology to control
emissions of sulfur dioxide (‘‘SO2’’),
nitrogen oxides (‘‘NOX’’), and/or

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particulate matter (‘‘PM’’)), and without
complying with the NSPS requirements
of the Act. The complaint also alleges
that Kentucky Utilities violated Title V
of the Act by failing to include the PSD
and NSPS requirements triggered by its
modifications in its Title V operating
permit for the Brown Plant. Finally, the
complaint alleges that Kentucky
Utilities illegally operated Brown Unit 3
at heat input capacities that were higher
than allowed by its operating permit.
The proposed Consent Decree would
require Kentucky Utilities to reduce
SO2, NOX and PM emissions at Brown
Unit 3 through the installation and
operation of state-of-the-art pollution
control technologies. In addition, the
proposed Consent Decree would require
Kentucky Utilities to contribute $3
million toward environmental
mitigation projects, including $1.8
million toward a carbon sequestration
research project overseen by the
University of Kentucky and the
Kentucky Geological Survey, $1 million
to retrofit diesel school buses with
devices to reduce particulate matter
emissions, and $200,000 toward the
National Park Service’s efforts to protect
and restore Mammoth Caves National
Park. Finally, the proposed Consent
Decree would require Kentucky Utilities
to pay a civil penalty of $1.4 million.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
[email protected] or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Kentucky Utilities Company,
D.J. Ref. No. 90–5–2–1–08850.
The Consent Decree may be examined
at the Office of the United States
Attorney, Eastern District of Kentucky,
260 West Vine Street, Suite 300,
Lexington, Kentucky 40507–1612, and
at U.S. EPA Region IV, 61 Forsyth
Street, SW., Atlanta, Georgia 30303–
8960. During the public comment
period, the Consent Decree may also be
examined on the following Department
of Justice Web site, http://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood ([email protected]),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In

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