Notice of Lodging of Proposed Third Partial Consent Decree Under the Clean Air Act, 8211-8212 [2017-01471]
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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 https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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.
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19:36 Jan 23, 2017
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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
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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
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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
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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 https://
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]
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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:
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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]
-----------------------------------------------------------------------
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:
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
The Third Partial Consent Decree may be viewed and downloaded from
https://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