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Regional Haze 11452 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules brokerage and other sales-related costs, appointed contractors to notify potential other petitioners. This authority must be the amount of any liens and associated petitioners, process petitions, and make either expressed in documents giving costs paid by the Government on the recommendations to the Ruling Official the petitioner the authority to file property, costs incurred in paying the on the distribution of property to petitions for remission, or reasonably ordinary and necessary expenses of a petitioners. The expense for such implied from documents giving the business seized for forfeiture, awards for assistance shall be paid out of the petitioner express authority to file information as authorized by statute, forfeited funds. claims or lawsuits related to the course expenses of trustees or other assistants (4) Other agencies of the United of conduct in question on behalf of pursuant to paragraph (i)(3) of this States. Where another agency of the these petitioners. An insurer or an section, investigative or prosecutorial United States is entitled to remission or administrator of an employee benefit costs specially incurred incident to the mitigation of forfeited assets because of plan, for example, which itself has particular forfeiture, and costs incurred an interest that is recognizable under standing to file a petition as a ‘‘victim’’ incident to the processing of petitions this part or is eligible for such transfer within the meaning of paragraph (b)(22) for remission or mitigation. The pursuant to 18 U.S.C. 981(e)(6), such of this section, may also file a petition remaining balance shall be available for agency shall request the transfer in on behalf of its insured or plan remission or mitigation. The Ruling writing, in addition to complying with beneficiaries for any claims they may Official shall direct the distribution of any applicable provisions of paragraphs have based on co-payments made to the the remaining balance in the following (c) through (e) of this section. The perpetrator of the offense underlying the order or priority, except that the Ruling decision to make such transfer shall be forfeiture, or the perpetrator of a Official may exercise discretion in made in writing by the Ruling Official. ‘‘related offense’’ within the meaning of determining the priority between (5) Financial institution regulatory paragraph (b)(20), if the authority to file petitioners belonging to classes agencies. A Ruling Official may direct claims or lawsuits is contained in the described in paragraph (i)(1)(iii) and (iv) the transfer of property under 18 U.S.C. document or documents establishing the of this section in exceptional 981(e) to certain Federal financial plan. Where such a petition is filed, any circumstances: institution regulatory agencies or an amounts granted as remission must be (i) Owners; entity acting in their behalf, upon transferred to the other petitioners, not (ii) Lienholders; receipt of a written request, in lieu of the party filing the petition; although, as (iii) Federal financial institution ruling on a petition for remission or a matter of discretion, the Ruling regulatory agencies (pursuant to mitigation. Official may use the actual petitioner as paragraph (i)(5) of this section), not (6) Transfers to foreign governments. an intermediary for transferring the constituting owners or lienholders; and A Ruling Official may decline to grant amounts authorized as a remission to (iv) Victims not constituting owners remission to any petitioner other than the other petitioners. or lienholders pursuant to paragraph (h) an owner or lienholder so that forfeited 5. Section 233.10 is reserved. of this part. assets may be transferred to a foreign (2) Sale or disposition of property government pursuant to 18 U.S.C. § 233.10 [Reserved]. prior to ruling. If forfeited property has 981(i)(1); 19 U.S.C. 1616a(c)(2); or 21 Stanley F. Mires, been sold or otherwise disposed of prior U.S.C. 881(e)(1)(E). to a ruling, the Ruling Official may grant (7) Filing by attorneys. Attorney, Legal Policy & Legislative Advice. relief in the form of a monetary amount. (i) A petition for remission or [FR Doc. 2012–4396 Filed 2–24–12; 8:45 am] The amount realized by the sale of mitigation may be filed by a petitioner BILLING CODE 7710–12–P property is presumed to be the value of or by that person’s attorney or legal the property. Monetary relief shall not guardian. If an attorney files on behalf be greater than the appraised value of of the petitioner, the petition must ENVIRONMENTAL PROTECTION the property at the time of seizure and include a signed and sworn statement AGENCY shall not exceed the amount realized by the client-petitioner stating that: from the sale or other disposition. The (A) The attorney has the authority to 40 CFR Part 52 represent the petitioner in this proceeds of the sale shall be distributed [EPA–R04–OAR–2010–0936–201150, FRL– as follows: proceeding; 9637–9] (i) Payment of the Government’s (B) The petitioner has fully reviewed expenses incurred incident to the the petition; and Approval and Promulgation of Air forfeiture and sale, including court costs (C) The petition is truthful and Quality Implementation Plans; State of and storage charges, if any; accurate in every respect. Georgia; Regional Haze State (ii) Payment to the petitioner of an (ii) Verbal notification of Implementation Plan amount up to that person’s interest in representation is not acceptable. the property; Responses and notification of rulings AGENCY: Environmental Protection (iii) Payment to the Postal Service shall not be sent to an attorney claiming Agency (EPA). Forfeiture Fund of all other costs and to represent a petitioner unless a written ACTION: Proposed rule. expenses incident to the forfeiture; notice of representation is filed. No (iv) In the case of victims, payment of extensions of time shall be granted due SUMMARY: EPA is proposing a limited any amount up to the amount of that to delays in submission of the notice of approval of a revision to the Georgia person’s loss; and representation. state implementation plan (SIP) (v) Payment of the balance remaining, (8) Consolidated petitions. At the submitted by the State of Georgia if any, to the Postal Service Forfeiture discretion of the Ruling Official in through the Georgia Department of Fund. individual cases, a petition may be filed Natural Resources, Environmental (3) Trustees and other assistants. As by one petitioner on behalf of other Protection Division (GA EPD), on a matter of discretion, the Ruling petitioners, provided the petitions are February 11, 2010, as supplemented on Official, with the approval of the Chief based on similar underlying facts, and November 19, 2010, that addresses Postal Inspector, may use the services of the petitioner who files the petition has regional haze for the first a trustee, other Government official, or written authority to do so on behalf of implementation period. This SIP VerDate Mar<15>2010 16:33 Feb 24, 2012 Jkt 226001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\27FEP1.SGM 27FEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Proposed Rules 11453 revision, as supplemented, addresses the public docket without change and FOR FURTHER INFORMATION CONTACT: Sara the requirements of the Clean Air Act may be made available online at Waterson or Michele Notarianni, (CAA) and EPA’s rules that require www.regulations.gov, including any Regulatory Development Section, Air states to prevent any future and remedy personal information provided, unless Planning Branch, Air, Pesticides and any existing anthropogenic impairment the comment includes information Toxics Management Division, U.S. of visibility in mandatory Class I areas claimed to be Confidential Business Environmental Protection Agency, (national parks and wilderness areas) Information (CBI) or other information Region 4, 61 Forsyth Street SW., caused by emissions of air pollutants whose disclosure is restricted by statute. Atlanta, Georgia 30303–8960. Sara from numerous sources located over a Do not submit through Waterson can be reached at telephone wide geographic area (also referred to as www.regulations.gov or email, number (404) 562–9061 and by the ‘‘regional haze program’’). States are information that you consider to be CBI electronic mail at required to assure reasonable progress or otherwise protected. The [email protected]. Michele toward the national goal of achieving www.regulations.gov Web site is an Notarianni can be reached at telephone natural visibility conditions in Class I ‘‘anonymous access’’ system, which number (404) 562–9031 and by areas. EPA is proposing a limited means EPA will not know your identity electronic mail at approval of this SIP revision to or contact information unless you [email protected]. implement the regional haze provide it in the body of your comment. SUPPLEMENTARY INFORMATION: requirements for Georgia on the basis If you send an email comment directly Table of Contents that the revision, as a whole, to EPA without going through strengthens the Georgia SIP. EPA has www.regulations.gov, your email I. What action is EPA proposing to take? previously proposed a limited address will be automatically captured II. What is the background for EPA’s disapproval of the Georgia regional haze proposed action? and included as part of the comment A. The Regional Haze Problem SIP because of deficiencies in the State’s that is placed in the public docket and regional haze SIP submittal arising from B. Requirements of the CAA and EPA’s made available on the Internet. If you the remand by the U.S. Court of Appeals Regional Haze Rule (RHR) submit an electronic comment, EPA C.
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