Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 66405-66406 [2014-26512]

Download as PDF Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices The Commission completed and filed its determinations in these investigations on November 3, 2014. The views of the Commission are contained in USITC Publication 4494 (November 2014), entitled Chlorinated Isocyanurates from China and Japan (Investigation Nos. 701–TA–501 and 731–TA–1226 (Final)). By order of the Commission. Dated: November 3, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–26472 Filed 11–6–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1103–0102] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With Change, of a Previously Approved Collection COPS Office Progress Report Community Oriented Policing Services (COPS) Office, Department of Justice ACTION: 60-day notice. AGENCY: The Department of Justice (DOJ), Community Oriented Policing Services (COPS) Office, 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. DATES: Comments are encouraged and will be accepted for 60 days until January 6, 2015. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Kimberly J. Brummett, Program Specialist, Community Oriented Policing Services (COPS) Office, 145 N Street NE., Washington, DC 20530 (phone: 202–353–9769). SUPPLEMENTARY INFORMATION: 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: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:12 Nov 06, 2014 Jkt 235001 Statistics, including whether the information will have practical utility; —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; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —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 other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: 1. Type of Information Collection: Extension of a currently approved collection. 2. The Title of the Form/Collection: COPS Office Progress Report. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: N/A. The applicable component within the Department of Justice is the Community Oriented Policing Services (COPS) Office. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Under the Violent Crime and Control Act of 1994, the U.S. Department of Justice COPS Office would require the completion of the COPS Progress Report by recipients of COPS hiring and non-hiring grants. Grant recipients must complete this report in order to inform COPS of their activities with their awarded grant funding. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 1,200 grantees will be required to submit an active progress report each quarter. The estimated range of burden for respondents is expected to be between 20 minutes to 25 minutes for each quarterly completion. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated public burden associated with this collection is 2000 hours. It is estimated that respondents will take up to 25 minutes each quarter to complete the quarterly progress report. The burden hours for collecting respondent data sum to 2000 hours (1200 respondents × .4167 hours × 4 times annually = 2000 hours). If additional information is required contact: Jerri Murray, Department PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 66405 Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530. Dated: November 4, 2014. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2014–26503 Filed 11–6–14; 8:45 am] BILLING CODE 4410–AT–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act Notice is hereby given that, for a period of 30 days, the United States will receive public comments on a proposed Consent Decree in United States et al. v. Hyundai Motor Company et al. (Civil Action No. 1:14–cv–1837), which was lodged with the United States District Court for the District of Columbia on November 3, 2014. The complaint was filed on the same day. In the complaint, the United States seeks civil penalties and injunctive relief pursuant to Sections 203, 204, and 205 of the Clean Air Act, 42 U.S.C. 7522, 7523, and 7524, against Hyundai Motor Company, Hyundai Motor America, Kia Motors Corporation, Kia Motors America, and Hyundai America Technical Center, Inc. (collectively, ‘‘Defendants’’) for violations of the Act. The California Air Resources Board joins the United States as co-plaintiff and seeks civil penalties for related violations of California Health and Safety Code Section 43212. The violations arise from the Defendants’ introduction into commerce in the United States of over one million motor vehicles from model years 2012 and 2013 that were not covered by Certificates of Conformity as required by the Act and regulations promulgated thereunder. The vehicles belong to six car lines: Hyundai’s Accent, Elantra, Veloster, and Santa Fe, and Kia’s Soul and Rio. Under the settlement, the Defendants will pay a civil penalty of $100 million, with $93,656,600 paid to the United States, and $6,343,400 paid to the California Air Resources Board. The Defendants will also reduce the number of greenhouse gas emission credits claimed in their Averaging, Banking, and Trading reports by a total of 4.75 million credits. The Defendants are also required to perform additional corrective measures, including auditing of their vehicles and improving testing and data management practices. E:\FR\FM\07NON1.SGM 07NON1 66406 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States et al. v. Hyundai Motor Company et al. (Civil Action No. 1:14–cv–1837), D.J. Ref. No. 90–5–2–1– 10753. All 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 e-mail ...... pubcomment-ees.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 proposed Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.usdoj.gov/enrd/Consent_ Decrees.html. We will provide a paper copy of the proposed 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 $11.00 (25 cents per page reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2014–26512 Filed 11–6–14; 8:45 am] BILLING CODE 4410–15–P JUSTICE DEPARTMENT Drug Enforcement Administration mstockstill on DSK4VPTVN1PROD with NOTICES Martin L. Korn, M.D.; Decision and Order On August 23, 2013, I, the Deputy Administrator of the Drug Enforcement Administration, issued an Order to Show Cause and Immediate Suspension of Registration (hereinafter, OTSC/ISO or Order) to Martin L. Korn, M.D. (hereinafter, Registrant). GX 1, at 1. The OTSC/ISO proposed the revocation of Registrant’s DEA Certificate of Registration, pursuant to which he was authorized to dispense controlled substances as a practitioner, based on allegations that on ‘‘[o]n twelve separate occasions’’ between February 20 and VerDate Sep<11>2014 19:12 Nov 06, 2014 Jkt 235001 June 24, 2013, Registrant prescribed controlled substances including alprazolam (schedule IV) and Adderall (schedule II), ‘‘to three law enforcement officers working in an undercover capacity . . . without a legitimate medical purpose and/or outside the usual course of professional practice.’’ Id. at 1–2 (citing 21 CFR 1306.04(a)). Based on the above, I further concluded that Registrant’s ‘‘continued registration while these proceedings [were] pending constitutes an imminent danger to the public health and safety’’ and ordered that his registration be immediately suspended. Id. at 3 (citing 21 U.S.C. § 824(d)). The OTSC/ISO also notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedures for electing either option, and the consequence of failing to elect either option. Id. at 3–4 (citing 21 CFR 1301.43). On September 5, 2013, a DEA Special Agent served Registrant with the OTSC/ ISO at the Westchester County District Attorney’s Office. GX 2. According to the Government, Registrant has not requested a hearing on the allegations nor otherwise responded to the OTSC. Request for Final Agency Action, at 1. Based on the Government’s representation, I find that more than thirty (30) days have now passed since the OTSC/ISO was served on Registrant and that he has neither requested a hearing nor submitted a written statement in lieu of a hearing. I therefore find that Registrant has waived his right to a hearing or to submit a written statement in lieu of a hearing. 21 CFR 1301.43(d). I make the following findings. Registrant previously held a DEA Certificate of Registration, pursuant to which he was authorized to dispense controlled substances as a practitioner at registered premises located in Larchmont, New York. On December 31, 2013, this registration expired. GX 3, at 1. According to the Agency’s registration records, Registrant has not filed a renewal application. Pursuant to the authority granted by 21 U.S.C. § 824(f), DEA seized approximately 300 dosage units of various controlled substances which apparently were in prescription vials, some of which bore the names of patients. GX A, at 2. The drugs included two vials containing 144 and 19 dosage units of lorazepam .5mg bearing labels listing the patients as A.K. and C.A. respectively; a vial containing 16 tablets of phentermine 37.5mg bearing a label listing the patient as J.L.; a vial containing 80 tablets of oxazepam, its label having been ripped off; a vial PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 containing 13 tablets of temazepam 15mg bearing a label listing the patient as K.M.; a vial containing 10.5 tablets of hydrocodone 10/325 bearing a label listing the patient as A.K.; and vials containing 11 tablets of Lyrica 50mg and 6 tablets of Lyrica 25mg, neither of which had a patient name. Id. On April 10, 2014, DEA’s New York Field Division wrote to Registrant noting that following the expiration of his DEA registration, he no longer had authority to handle controlled substances. Id. at 1. The letter further informed him that under federal law, the Agency was authorized to dispose of the drugs 180 days after the date on which they had been seized. Id. However, the letter instructed Registrant that ‘‘[i]n the event you wish to transfer title to the controlled substances to a registered successor in interest, you may notify this office within thirty (30) days from the date of this letter to make arrangements for such a transfer. . . . However, if you fail to notify the office within thirty days, DEA will dispose of . . . the controlled . . . substances it currently holds.’’ Id. According to the Government, Registrant did not respond to the letter. See Gov. Suggestion of Mootness, at 1. Discussion While the Government initially filed a Request for Final Agency Action, it now suggests that this case is moot because Registrant has allowed his registration to expire and ‘‘there is no need to determine title to the controlled substances that were seized.’’ Id. at 2. I agree. Ordinarily, where a registrant allows his registration to expire and also fails to file a renewal application, there is neither a registration to revoke nor an application to act upon, thus rendering the case moot. See, e.g., Ronald J. Riegel, 63 FR 67132 (1998). DEA, however, has recognized a limited exception to this rule in cases which commence with the issuance of an immediate suspension order because of the collateral consequences which may attach with the issuance of such a suspension. See William R. Lockridge, 71 FR 77791, 77797 (2006). Such ‘‘collateral consequences’’ may include the loss of title to any controlled substances that have been seized pursuant to the immediate suspension order, see 21 U.S.C. § 824(f), harm to reputation, and having to report the suspension on future applications to either this Agency or a state board. See Lockridge, 71 FR at 77797. While this case commenced with the issuance of an immediate suspension order, I nonetheless conclude it is now E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Notices]
[Pages 66405-66406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26512]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that, for a period of 30 days, the United 
States will receive public comments on a proposed Consent Decree in 
United States et al. v. Hyundai Motor Company et al. (Civil Action No. 
1:14-cv-1837), which was lodged with the United States District Court 
for the District of Columbia on November 3, 2014. The complaint was 
filed on the same day.
    In the complaint, the United States seeks civil penalties and 
injunctive relief pursuant to Sections 203, 204, and 205 of the Clean 
Air Act, 42 U.S.C. 7522, 7523, and 7524, against Hyundai Motor Company, 
Hyundai Motor America, Kia Motors Corporation, Kia Motors America, and 
Hyundai America Technical Center, Inc. (collectively, ``Defendants'') 
for violations of the Act. The California Air Resources Board joins the 
United States as co-plaintiff and seeks civil penalties for related 
violations of California Health and Safety Code Section 43212. The 
violations arise from the Defendants' introduction into commerce in the 
United States of over one million motor vehicles from model years 2012 
and 2013 that were not covered by Certificates of Conformity as 
required by the Act and regulations promulgated thereunder. The 
vehicles belong to six car lines: Hyundai's Accent, Elantra, Veloster, 
and Santa Fe, and Kia's Soul and Rio. Under the settlement, the 
Defendants will pay a civil penalty of $100 million, with $93,656,600 
paid to the United States, and $6,343,400 paid to the California Air 
Resources Board. The Defendants will also reduce the number of 
greenhouse gas emission credits claimed in their Averaging, Banking, 
and Trading reports by a total of 4.75 million credits. The Defendants 
are also required to perform additional corrective measures, including 
auditing of their vehicles and improving testing and data management 
practices.

[[Page 66406]]

    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States et al. v. Hyundai Motor Company et 
al. (Civil Action No. 1:14-cv-1837), D.J. Ref. No. 90-5-2-1-10753. All 
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 e-mail...........................  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 proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed 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 $11.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-26512 Filed 11-6-14; 8:45 am]
BILLING CODE 4410-15-P
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