Notice of Lodging of Proposed First Amendment of Consent Decree Under the Clean Air Act, 42697 [2018-18172]
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices
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The Government also submitted a
Certification of Registration History,
which was sworn to on December 19,
2017. GX 1, at 3. In that Certification,
the Associate Chief of the Registration
and Program Support Section stated that
DEA Registration No. BR7006085
‘‘expires on April 30, 2018.’’ Id. at 1–2.
The Associate Chief further stated that
‘‘Gre[g] N. Rampey, M.D., has no other
pending or valid DEA registration(s) in
Oklahoma.’’ Id. at 3. Pursuant to 5
U.S.C. 556(e), I take official notice of
Registrant’s registration record with the
Agency. See also 21 CFR 1316.59(e).1
According to that record, DEA
Registration No. BR7006085 expired on
April 30, 2018, and Registrant has not
filed an application, whether timely or
not, to renew his registration or for any
other registration in the State of
Oklahoma.2
DEA has long held that ‘‘ ‘if a
registrant has not submitted a timely
renewal application prior to the
expiration date, then the registration
expires and there is nothing to revoke.’ ’’
Donald Brooks Reece II, M.D., 77 FR
35054, 35055 (2012) (quoting Ronald J.
Riegel, 63 FR 67312, 67133 (1998)); see
also Thomas E. Mitchell, 76 FR 20032,
1 Under the Administrative Procedure Act (APA),
an agency ‘‘may take official notice of facts at any
stage in a proceeding—even in the final decision.’’
U.S. Dept. of Justice, Attorney General’s Manual on
the Administrative Procedure Act 80 (1947) (Wm.
W. Gaunt & Sons, Inc., Reprint 1979). In accordance
with the APA and DEA’s regulations, Registrant is
‘‘entitled on timely request to an opportunity to
show to the contrary.’’ 5 U.S.C. 556(e); see also 21
CFR 1316.59(e). To allow Registrant the opportunity
to refute the facts of which I take official notice,
Registrant may file a motion for reconsideration
within 15 calendar days of service of this order
which shall commence on the date this order is
mailed.
2 As already noted, my office received the
Government’s Second Request for Final Agency
Action on March 29, 2018. This filing arrived in my
office too late for me to issue a final decision and
order before the registration would expire on April
30, 2018. DEA regulation 21 CFR 1316.67 requires
that I issue a final order that takes effect not less
than 30 days from the date of publication in the
Federal Register unless the public interest
necessitates an earlier effective date. The record
before me fails to include facts supporting a finding
that ‘‘the public interest in the matter necessitates
an earlier effective date.’’ 21 CFR 1316.67. Thus,
even if I had submitted a final order in this case
to the Federal Register on the same day (March 29,
2018) that my office received the SRFAA to revoke
Registrant’s registration, I could not have issued an
order that would have taken effect by April 30, 2018
because the Federal Register would not have been
able to publish it 30 days before the registration’s
April 30, 2018 expiration—i.e., by Saturday, March
31, 2018. And as the Agency has previously noted,
there is no point in issuing a ruling on a Show
Cause Order where, as here, that ruling would
constitute an advisory opinion subject to vacation
on judicial review. See, e.g., Josip Pasic, M.D., 82
FR 24146, 24147 (2017) (‘‘As the requested factual
findings and legal conclusions would be subject to
vacation on judicial review, there is no point in
making them.’’).
VerDate Sep<11>2014
19:43 Aug 22, 2018
Jkt 244001
20033 (2011). ‘‘Moreover, in the absence
of an application (whether timely filed
or not), there is nothing to act upon.’’
Reece, 77 FR at 35055. Accordingly,
because Registrant has allowed his
registration to expire and has not filed
any application for registration in
Oklahoma, this case is now moot and
will be dismissed.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a), as well as 28 CFR
0.100(b), I order that the Order to Show
Cause issued to Greg N. Rampey, D.O.,
be, and it hereby is, dismissed. This
Order is effective immediately.
Dated: August 14, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2018–18267 Filed 8–22–18; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First
Amendment of Consent Decree Under
the Clean Air Act
On August 15, 2018, the Department
of Justice lodged a proposed First
Amendment of Consent Decree (‘‘First
Amendment’’) with the United States
District Court for the District of Nevada
in the lawsuit entitled United States v.
Nevada Cement Company, Inc., Civil
Action No. 3:17–cv–302.
This case involves claims for alleged
violations of the Prevention of
Significant Deterioration program of the
Clean Air Act and related state law
requirements against the Nevada
Cement Company at its Fernley,
Nevada, Portland cement facility. The
original Consent Decree resolving the
dispute included injunctive relief for
installation of control technology to
reduce emissions of nitrogen oxides
(NOX), civil penalties, and mitigation of
past excess NOX emissions. The
proposed First Amendment, if approved
by the Court, would change the
requirements in the original Consent
Decree from Selective Non-Catalytic
Reduction control technology to
Selective Catalytic Reduction control
technology for NOx emissions, and
would require greater reductions in
NOX, yielding a net NOX emission
reduction over the life of the Consent
Decree as compared to the original
Consent Decree.
The publication of this notice opens
a period for public comment on the First
Amendment. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
42697
United States v. Nevada Cement, Inc.,
D.J. Ref. No. 90–5–2–1–10458. 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 email .......
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 First Amendment may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
First Amendment 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 $3.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2018–18172 Filed 8–22–18; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request: H–2A
Recordkeeping Requirement
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL or Department), as part of its
continuing effort to reduce paperwork
and respondent burden, conducts a
preclearance consultation program to
provide the public and Federal agencies
with an opportunity to comment on
proposed and/or continuing collections
of information in accordance with the
Paperwork Reduction Act of 1995. This
program helps ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
SUMMARY:
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23AUN1
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[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Page 42697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18172]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Amendment of Consent Decree
Under the Clean Air Act
On August 15, 2018, the Department of Justice lodged a proposed
First Amendment of Consent Decree (``First Amendment'') with the United
States District Court for the District of Nevada in the lawsuit
entitled United States v. Nevada Cement Company, Inc., Civil Action No.
3:17-cv-302.
This case involves claims for alleged violations of the Prevention
of Significant Deterioration program of the Clean Air Act and related
state law requirements against the Nevada Cement Company at its
Fernley, Nevada, Portland cement facility. The original Consent Decree
resolving the dispute included injunctive relief for installation of
control technology to reduce emissions of nitrogen oxides
(NOX), civil penalties, and mitigation of past excess
NOX emissions. The proposed First Amendment, if approved by
the Court, would change the requirements in the original Consent Decree
from Selective Non-Catalytic Reduction control technology to Selective
Catalytic Reduction control technology for NOx emissions, and would
require greater reductions in NOX, yielding a net
NOX emission reduction over the life of the Consent Decree
as compared to the original Consent Decree.
The publication of this notice opens a period for public comment on
the First Amendment. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States v. Nevada Cement, Inc., D.J. Ref. No. 90-
5-2-1-10458. 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 email............................ [email protected].
By mail............................. Assistant Attorney General
U.S. DOJ--ENRD
P.O. Box 7611
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the First Amendment may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the First Amendment 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 $3.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-18172 Filed 8-22-18; 8:45 am]
BILLING CODE 4410-15-P
