Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 2474-2475 [2014-00436]

Download as PDF 2474 Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices other forms of information technology, e.g., permitting electronic submission of responses. DEPARTMENT OF JUSTICE [OMB Number 1122–0003] Agency Information Collection Activities: Extension of a Currently Approved Collection; Comments Requested; Annual Progress Report for the STOP Formula Grants Program emcdonald on DSK67QTVN1PROD with NOTICES ACTION: 30-Day notice. The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register, 78 FR 66953, November 7, 2013, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until February 13, 2014. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–7285. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or VerDate Mar<15>2010 16:32 Jan 13, 2014 Jkt 232001 Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Annual Progress Report for the STOP Formula Grants Program. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122–0003. U.S. Department of Justice, Office on Violence Against Women. (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the 56 STOP state administrators (from 50 states, the District of Columbia and five territories and commonwealths (Guam, Puerto Rico, American Samoa, Virgin Islands, Northern Mariana Islands)) and their subgrantees. The STOP Violence Against Women Formula Grants Program was authorized through the Violence Against Women Act of 1994 (VAWA) and reauthorized and amended by the Violence Against Women Act of 2000 (VAWA 2000) and by the Violence Against Women Act of 2005 (VAWA 2005). Its purpose is to promote a coordinated, multidisciplinary approach to improving the criminal justice system’s response to violence against women. The STOP Formula Grants Program envisions a partnership among law enforcement, prosecution, courts, and victim advocacy organizations to enhance victim safety and hold offenders accountable for their crimes of violence against women. OVW administers the STOP Formula Grants Program. The grant funds must be distributed by STOP state administrators to subgrantees according to a statutory formula (as amended by VAWA 2000 and by VAWA 2005). (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the 56 respondents (STOP administrators) approximately one hour to complete an annual progress report. It is estimated that it will take approximately one hour for roughly 2500 subgrantees 1 to complete the relevant portion of the annual progress report. The Annual Progress Report for 1 Each year the number of STOP subgrantees changes. The number 2,500 is based on the number of reports that OVW has received in the past from STOP subgrantees. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 the STOP Formula Grants Program is divided into sections that pertain to the different types of activities that subgrantees may engage in and the different types of subgrantees that receive funds, i.e. law enforcement agencies, prosecutors’ offices, courts, victim services agencies, etc. (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the annual progress report is 2,556 hours. If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3W– 1407B, Washington, DC 20530. Dated: January 8, 2014. Jerri Murray, Department Clearance Officer for PRA, United States Department of Justice. [FR Doc. 2014–00418 Filed 1–13–14; 8:45 am] BILLING CODE 4410–FX–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On January 6, 2014, the Department of Justice lodged a proposed consent decree with the United States District Court for the Northern District of Texas in the lawsuit entitled United States v. Savoia, Inc., et al., Civil Action No. 3:12–CV–2344–B. The United States filed this lawsuit under the Clean Air Act. The United States’ complaint seeks injunctive relief and civil penalties for the importation and sale of recreational vehicles and highway motorcycles in violation of the Clean Air Act and its regulations. The consent decree requires defendants to pay a civil penalty of $120,000 (which amount was based on an assessment of ability to pay), to export or destroy certain vehicles in their inventory, and to certify that they are no longer engaging in Clean Air Act-regulated activities or otherwise to abide by the terms of a compliance plan (which is incorporated into the consent decree) to ensure future compliance with applicable Clean Air Act requirements. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Savoia, Inc., et al., D.J. Ref. No. 90–5–2–1–10243. All E:\FR\FM\14JAN1.SGM 14JAN1 Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Notices comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email .......................... pubcommentees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ............................ During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: http:// www.usdoj.gov/enrd/Consent_ Decrees.html. We will provide a paper copy of the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $6.50 (25 cents per page reproduction cost) payable to the United States Treasury. Karen S. Dworkin, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2014–00436 Filed 1–13–14; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration emcdonald on DSK67QTVN1PROD with NOTICES James Clopton, M.D.; Decision and Order On March 22, 2012, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to James Clopton, M.D. (hereinafter, Applicant), of El Dorado Hills, California. GX 2. The Show Cause Order proposed the denial of Applicant’s application for a DEA Certificate of Registration as a practitioner, on the ground that his registration would be inconsistent with the public interest. Id. (citing 21 U.S.C. 823(f)). The Show Cause Order alleged that on May 22, 2009 and July 8, 2009, Applicant ‘‘illegally distributed OxyContin, a schedule II controlled substance,’’ to an undercover law enforcement officer, ‘‘for other than a legitimate medical purpose and outside VerDate Mar<15>2010 16:32 Jan 13, 2014 Jkt 232001 the usual course of professional practice.’’ Id. (citing 21 U.S.C. 841(a)(1)). Specifically, the Show Cause Order alleged that Applicant failed to conduct a physical examination prior to prescribing the controlled substances to the undercover officer. Id. Next, the Show Cause Order alleged that on February 10, 2010, Applicant illegally distributed Norco, a schedule III hydrocodone combination product, and Xanax, a schedule IV controlled substance, to the same undercover officer under similar circumstances. Id. at 2. Finally, the Show Cause Order alleged that Applicant ‘‘failed to maintain an inventory of controlled substances, records of receipt of controlled substances, failed to retain copy 3 of DEA form 222, and failed to maintain dispensing records.’’ Id. (citing 21 CFR 1304.11, 1304.22, 1305.17). The Show Cause Order also notified Applicant of his right to request a hearing on the allegations or to submit a written statement regarding the allegations while waiving his right to a hearing. Id. at 2. However, the Order then notified Applicant that ‘‘[s]hould [he] fail to respond to this official correspondence by exercising [his] rights . . . [his] application shall be deemed withdrawn pursuant to 21 CFR § 1301.16(b).’’ Id. On April 2, 2012, the Government personally served the Show Cause Order on Respondent. Request for Final Agency Action, Attachment 2, at 5. Thereafter, Applicant neither filed a request for a hearing nor submitted a written statement in lieu of a hearing. Request for Final Agency Action, at 2. On November 5, 2012, the Government forwarded a Request for Final Agency Action to this Office. Id. at 1. Therein, the Government noted that since the date of service of the Show Cause Order, Applicant had not requested a hearing. Id. at 2. The Government thus contended that Applicant had waived his right to a hearing and requested the issuance of a final order denying the application. Id. at 2–9. On review, the Administrator found that the Government had failed to provide fair notice to Applicant regarding the consequences of his failure to request a hearing or to submit a written statement in lieu of a hearing. Order, at 1. Specifically, the Administrator found that the Government had not notified Applicant that the consequence of failing to request a hearing or to submit a written statement ‘‘would be that it would then seek a final order denying his application.’’ Id. at 2. Rather, the Administrator found that the PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 2475 Government ‘‘specifically notified Applicant that the only consequence of his failure to request a hearing or to submit a written statement in lieu of a hearing would be that his application would be deemed withdrawn.’’ Id. (citing 21 CFR 1301.16(b)).1 The Administrator further explained that ‘‘were a final order issued denying the application, Applicant would be required to disclose the existence of such an order on any subsequent application, under the threat of criminal prosecution if he failed to do so.’’ Id. at 2–3. Finally, the Administrator explained that the findings of the final order ‘‘would be entitled to preclusive effect in a subsequent DEA proceeding.’’ Id. at 3 (citing Jose G. Zavaleta, 78 FR 27431, 27434 (2013)). Accordingly, the Administrator instructed the Government that if it intended to seek a final order denying the application, it must serve a corrected Show Cause Order, which ‘‘properly notifie[d] Applicant of the consequences of failing to either request a hearing or submit a written statement in lieu of a hearing.’’ Id. The Administrator further directed the Government to notify her Office, within thirty days, if it intended to do so. Id. The Government subsequently complied with the Order. Second Request for Final Agency Action, Attachment 2, at 1. On July 29, 2013, the Deputy Assistant Administrator issued a new Show Cause Order, which re-alleged the charges of the previous Show Cause Order. The second Show Cause Order again advised Applicant that he had the right to request a hearing or to submit a written statement while waiving his right to a hearing and the procedure for electing either option. Most importantly, the Order properly advised Applicant that ‘‘[s]hould you decline to file a request for a hearing . . . you shall be deemed to have waived the right to a 1 This regulation provides, in relevant part, that ‘‘[a]fter an application has been accept for filing . . . the failure of the applicant to respond to official correspondence regarding the application, when sent by registered or certified mail, return receipt requested, shall be deemed to be a withdrawal of the application.’’ 21 CFR 1301.16(b). In her Order, the Administrator explained that once the Government files an Order Show Cause, the consequence of an applicant’s or registrant’s failure to respond to the Order is specifically addressed by 21 CFR 1301.43(d), which provides that if ‘‘[i]f any person entitled to a hearing . . . fails to file a request for a hearing . . . such person shall be deemed to have waived the opportunity for a hearing . . . unless such person shows good cause for such failure.’’ See also 21 CFR 1301.43(e) (‘‘If all persons entitled to a hearing . . . are deemed to waive their opportunity for the hearing . . . the Administrator may cancel the hearing, if scheduled, and issue his/her final order pursuant to § 1301.46 without a hearing.’’). E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2474-2475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00436]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On January 6, 2014, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Northern 
District of Texas in the lawsuit entitled United States v. Savoia, 
Inc., et al., Civil Action No. 3:12-CV-2344-B.
    The United States filed this lawsuit under the Clean Air Act. The 
United States' complaint seeks injunctive relief and civil penalties 
for the importation and sale of recreational vehicles and highway 
motorcycles in violation of the Clean Air Act and its regulations. The 
consent decree requires defendants to pay a civil penalty of $120,000 
(which amount was based on an assessment of ability to pay), to export 
or destroy certain vehicles in their inventory, and to certify that 
they are no longer engaging in Clean Air Act-regulated activities or 
otherwise to abide by the terms of a compliance plan (which is 
incorporated into the consent decree) to ensure future compliance with 
applicable Clean Air Act requirements.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Savoia, Inc., et al., D.J. Ref. No. 
90-5-2-1-10243. All

[[Page 2475]]

comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

------------------------------------------------------------------------
            To submit comments:                     Send them to:
------------------------------------------------------------------------
By email..................................  pubcomment-ees.enrd@usdoj.gov.
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
------------------------------------------------------------------------

    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $6.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Karen S. Dworkin,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-00436 Filed 1-13-14; 8:45 am]
BILLING CODE 4410-15-P