Notice of Lodging of Proposed Third Partial Consent Decree Under the Clean Air Act, 8211-8212 [2017-01471]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices 205–2737. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 8, 2016, based on a complaint filed by Kemin Industries, Inc. and Kemin Foods, L.C. both of Des Moines, Iowa (collectively, ‘‘complainants’’). 81 FR 78634–35 (Nov. 8, 2016). The complaint alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent Nos. 8,815,955 and 9,226,940. The complaint further alleges the existence of a domestic industry. The notice of investigation named as respondents OmniActive Health Technologies of Mumbai, India and OmniActive Health Technologies, Inc. of Morristown, New Jersey (collectively, ‘‘respondents’’). Id. at 78635. The Office of Unfair Import Investigations was not named as a party. On December 13, 2016, complainants and respondents filed a joint motion to terminate the investigation based on settlement. The parties represent that the settlement agreement reflects the entire and only agreement between the parties regarding the subject matter of the investigation and that there are no other agreement, written or oral, express or implied between the parties concerning the subject matter of the investigation. On December 28, 2016, the ALJ granted the joint motion to terminate the investigation based on settlement. The ALJ found that the parties’ submissions, including a modified public version of the settlement agreement submitted on December 22, 2016, satisfy the Commission’s rules. The ALJ found that the termination of this investigation based on settlement does not pose any public interest concerns. The ALJ also found that it is in the interest of the public and administrative economy to grant the motion. VerDate Sep<11>2014 19:36 Jan 23, 2017 Jkt 241001 No petitions for review of the subject ID were filed, and the Commission has determined not to review the ID. The investigation is terminated. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: January 17, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–01481 Filed 1–23–17; 8:45 am] 8211 and implement injunctive relief to abate releases or threatened releases from the mine sites. 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. Cyprus Amax Minerals Company and Western Nuclear, Inc., D.J. Ref. No. 90–11–2–10823/1. 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: BILLING CODE 7020–02–P To submit comments: By email ....... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation Liability Act (‘‘CERCLA’’) On January 17, 2017, the Department of Justice lodged a proposed Consent Decree (‘‘Decree’’) with the United States District Court for the District of Arizona in the lawsuit entitled United States v. Cyprus Amax Minerals Company and Western Nuclear, Inc., Civil Action No. 2:17–cv–00140. In this action, the United States and the Navajo Nation filed complaints against Cyprus Amax Minerals Company and Western Nuclear, Inc. (‘‘Defendants’’) seeking past and future response costs and injunctive relief under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9606 and 9607. The United States and the Navajo Nation concurrently lodged a Consent Decree resolving the claims alleged in the complaint. The Defendants, through either their corporate predecessors or past activities, operated mine sites on the Navajo Nation. There are Navajo Nation communities located close to the mine sites, on and near the Navajo Nation Reservation, and downstream and down-wind from the waste piles on the mine sites. There have been or may be releases and/or threatened releases of hazardous substances from the mine sites formerly operated by the Defendants into the environment at each of the mine sites. More specifically, there have been or may be releases and/ or threatened releases of uranium and radium-226, each of which constitutes a hazardous substance. The Decree requires the Settling Defendants to pay past and future response costs to EPA PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 Send them to: 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 Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. 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 $15.25 (25 cents per page reproduction cost) payable to the United States Treasury. Commenters should be aware that comments received are submitted to the Court as a public filing, and may be submitted to counsel and other parties associated with the litigation. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–01565 Filed 1–23–17; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Third Partial Consent Decree Under the Clean Air Act On January 11, 2017, the Department of Justice lodged a proposed Third Partial Consent Decree with the United States District Court for the Northern District of California in the lawsuit entitled In re: Volkswagen ‘‘Clean Diesel’’ Marketing, Sales Practices, and E:\FR\FM\24JAN1.SGM 24JAN1 sradovich on DSK3GMQ082PROD with NOTICES 8212 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Notices Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), partially resolving Clean Air Act claims against Volkswagen Group of America, Inc., and others, concerning certain noncompliant 2.0 and 3.0 liter diesel vehicles. On January 4, 2016, the United States, on behalf of the Environmental Protection Agency (‘‘EPA’’), filed a complaint against Volkswagen AG, Volkswagen Group of America, Inc., Volkswagen Group of America Chattanooga Operations, LLC, and Audi AG (the ‘‘VW Defendants’’), and Dr. Ing. h.c. F. Porsche AG, and Porsche Cars North America, Inc. (the ‘‘Porsche Defendants’’) alleging that the defendants violated Sections 203(a)(1), (2), (3)(A), and (3)(B) of the Clean Air Act (‘‘Act’’), 42 U.S.C. 7522(a)(1), (2), (3)(A), and (3)(B), with regard to approximately 500,000 model year 2009 to 2015 motor vehicles containing 2.0 liter diesel engines (2.0 Liter Subject Vehicles) and approximately 80,000 model year 2009 to 2016 motor vehicles containing 3.0 liter diesel engines (3.0 Liter Subject Vehicles). An amended complaint was filed on October 7, 2016. The United States’ complaint (initial and as amended) alleges that each 2.0 and 3.0 Liter Subject Vehicle contains computer algorithms that are prohibited defeat devices that cause the emissions control system of those vehicles to perform differently during normal vehicle operation and use than during emissions testing. The complaint alleges that the defeat devices cause the vehicles, during normal vehicle operation and use, to emit levels of oxides of nitrogen (‘‘NOX’’) significantly in excess of EPA-compliant levels. The complaint seeks, among other things, injunctive relief to remedy the violations, including mitigation of excess NOX emissions, and civil penalties. The proposed Third Partial Consent Decree (‘‘Decree’’) is entered into between the United States and all defendants. This Decree addresses defendants’ liability under the Clean Air Act for civil penalties and injunctive relief to prevent similar violations in the future. Under the Decree, the Defendants must pay a civil penalty of $1,450,000,000, with interest running from the date of lodging, which resolves the civil penalty claims of both EPA and, pursuant to a separate agreement, U.S. Customs and Border Protection. The VW Defendants and the Porsche Defendants are also each required to undertake a number of specific corporate governance reforms and to perform in-use testing of their vehicles using a portable emissions measurement system. In addition, the VW Defendants VerDate Sep<11>2014 19:36 Jan 23, 2017 Jkt 241001 must retain an independent compliance auditor for a three-year period to review the VW Defendants’ compliance with the Decree. The publication of this notice opens a period for public comment on the Third Partial Consent Decree. Comments concerning the Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division and should refer to In re: Volkswagen ‘‘Clean Diesel’’ Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90–5–2–1–11386. 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 ......... The Third Partial Consent Decree may be viewed and downloaded from http:// www.cand.uscourts.gov/crb/vwmdl. During the public comment period, the Decree may also be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/ consent-decrees. We will provide a paper copy of the Third Partial 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 $20.75 (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. 2017–01471 Filed 1–23–17; 8:45 am] BILLING CODE 4410–15–P PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE [OMB Number 1121–0314] Bureau of Justice Statistics; Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change, of a Previously Approved Collection Firearm Inquiry Statistics (FIST) Program Bureau of Justice Statistics, Department of Justice. ACTION: 60-Day notice. AGENCY: The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics, 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 March 27, 2017. 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 Allina D. Lee, Statistical Policy Advisor, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (phone: 202–305–2696). 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 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 SUMMARY: E:\FR\FM\24JAN1.SGM 24JAN1

Agencies

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8211-8212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01471]


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DEPARTMENT OF JUSTICE


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

    On January 11, 2017, the Department of Justice lodged a proposed 
Third Partial Consent Decree with the United States District Court for 
the Northern District of California in the lawsuit entitled In re: 
Volkswagen ``Clean Diesel'' Marketing, Sales Practices, and

[[Page 8212]]

Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), 
partially resolving Clean Air Act claims against Volkswagen Group of 
America, Inc., and others, concerning certain noncompliant 2.0 and 3.0 
liter diesel vehicles.
    On January 4, 2016, the United States, on behalf of the 
Environmental Protection Agency (``EPA''), filed a complaint against 
Volkswagen AG, Volkswagen Group of America, Inc., Volkswagen Group of 
America Chattanooga Operations, LLC, and Audi AG (the ``VW 
Defendants''), and Dr. Ing. h.c. F. Porsche AG, and Porsche Cars North 
America, Inc. (the ``Porsche Defendants'') alleging that the defendants 
violated Sections 203(a)(1), (2), (3)(A), and (3)(B) of the Clean Air 
Act (``Act''), 42 U.S.C. 7522(a)(1), (2), (3)(A), and (3)(B), with 
regard to approximately 500,000 model year 2009 to 2015 motor vehicles 
containing 2.0 liter diesel engines (2.0 Liter Subject Vehicles) and 
approximately 80,000 model year 2009 to 2016 motor vehicles containing 
3.0 liter diesel engines (3.0 Liter Subject Vehicles). An amended 
complaint was filed on October 7, 2016. The United States' complaint 
(initial and as amended) alleges that each 2.0 and 3.0 Liter Subject 
Vehicle contains computer algorithms that are prohibited defeat devices 
that cause the emissions control system of those vehicles to perform 
differently during normal vehicle operation and use than during 
emissions testing. The complaint alleges that the defeat devices cause 
the vehicles, during normal vehicle operation and use, to emit levels 
of oxides of nitrogen (``NOX'') significantly in excess of 
EPA-compliant levels. The complaint seeks, among other things, 
injunctive relief to remedy the violations, including mitigation of 
excess NOX emissions, and civil penalties.
    The proposed Third Partial Consent Decree (``Decree'') is entered 
into between the United States and all defendants. This Decree 
addresses defendants' liability under the Clean Air Act for civil 
penalties and injunctive relief to prevent similar violations in the 
future. Under the Decree, the Defendants must pay a civil penalty of 
$1,450,000,000, with interest running from the date of lodging, which 
resolves the civil penalty claims of both EPA and, pursuant to a 
separate agreement, U.S. Customs and Border Protection.
    The VW Defendants and the Porsche Defendants are also each required 
to undertake a number of specific corporate governance reforms and to 
perform in-use testing of their vehicles using a portable emissions 
measurement system. In addition, the VW Defendants must retain an 
independent compliance auditor for a three-year period to review the VW 
Defendants' compliance with the Decree.
    The publication of this notice opens a period for public comment on 
the Third Partial Consent Decree. Comments concerning the Decree should 
be addressed to the Assistant Attorney General, Environment and Natural 
Resources Division and should refer to In re: Volkswagen ``Clean 
Diesel'' Marketing, Sales Practices, and Products Liability Litigation, 
Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386.
    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:
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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.
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    The Third Partial Consent Decree may be viewed and downloaded from 
http://www.cand.uscourts.gov/crb/vwmdl. During the public comment 
period, the Decree may also be examined and downloaded at this Justice 
Department Web site: https://www.justice.gov/enrd/consent-decrees. We 
will provide a paper copy of the Third Partial 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 $20.75 (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. 2017-01471 Filed 1-23-17; 8:45 am]
 BILLING CODE 4410-15-P