Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 49945-49946 [2018-21484]

Download as PDF Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_ submissions@omb.eop.gov. SUPPLEMENTARY INFORMATION: This process is conducted in accordance with 5 CFR 1320.10. 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 or other forms of information technology, e.g., permitting electronic submission of responses. daltland on DSKBBV9HB2PROD with NOTICES Overview of This Information Collection 1. Type of Information Collection: Update with changes, of the Department of Justice Equitable Sharing Agreement and Certification, a previously approved collection for which approval will expire on November 30, 2018. 2. The Title of the Form/Collection: Department of Justice Equitable Sharing Agreement and Certification. 3. The Agency Form Number, if any, and the Applicable Component of the Department Sponsoring the Collection: There is not an agency form number. The applicable component within the Department of Justice is the Money Laundering and Asset Recovery Section (‘‘MLARS’’), in the Criminal Division. 4. Affected Public Who Will Be Asked or Required to Respond, as Well as a Brief Abstract: The Attorney General is required by statute to ‘‘assure that any property transferred to a State or local law enforcement agency . . . will serve to encourage further cooperation between the recipient State or local agency and Federal law enforcement agencies.’’ 21 U.S.C. 881(e)(3). MLARS VerDate Sep<11>2014 18:05 Oct 02, 2018 Jkt 247001 ensures such cooperation by requiring that all such ‘‘equitably shared’’ funds be used only for law enforcement purposes and not be distributed to other governmental agencies by the recipient law enforcement agencies. By requiring that law enforcement agencies that participate in the Equitable Sharing Program (Program) file an Equitable Sharing Agreement and Certification (ESAC), MLARS can readily ensure compliance with its statutory obligations. The ESAC requires information regarding the receipt and expenditure of Program funds from the participating agency. Accordingly, it seeks information that is exclusively in the hands of the participating agency. 5. An Estimate of the Total Number of Respondents and the Amount of Time Estimated for an Average Respondent to Respond: An estimated 6,900 state and local law enforcement agencies electronically file the ESAC annually with MLARS. It is estimated that it takes 30 minutes per year to enter the information. All of the approximately 6,500 agencies must fully complete the form each year to maintain compliance and continue participation in the Department of Justice Equitable Sharing Program. 6. An Estimate of the Total Public Burden (in hours) Associated With the Collection: The estimated public burden associated with this collection is 3,250 hours. It is estimated that respondents will take 30 minutes to complete the form. (6,500 participants × 30 minutes = 3,250 hours). If additional information is required contact: Melody Braswell, Department 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: September 28, 2018. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2018–21528 Filed 10–2–18; 8:45 am] BILLING CODE 4410–14–P States v. NGL Crude Logistics, LLC, Civil Action No. 2:16–cv–01038–LRR. The United States filed this lawsuit under the Clean Air Act’s Renewable Fuel Standard program. The United States’ Complaint names NGL Crude Logistics, LLC (f/k/a Gavilon, LLC) and Western Dubuque Biodiesel, LLC as defendants. The Court entered a settlement resolving the United States’ claims against Western Dubuque Biodiesel, LLC on April 11, 2017. The United States’ Complaint seeks retirement of approximately 36 million Renewable Identification Numbers (RINs) and civil penalties. The Complaint alleges that NGL Crude Logistics, LLC (1) failed to retire approximately 36 million RINs associated with biodiesel NGL Crude Logistics, LLC sold to Western Dubuque Biodiesel, LLC for use as material to create renewable fuel (feedstock); (2) caused Western Dubuque Biodiesel, LLC to commit prohibited acts under the Renewable Fuel Standard program; and (3) transferred approximately 36 million invalid RINs to third parties. The United States District Court for the Northern District of Iowa found NGL liable for these violations on July 3, 2018. The proposed Consent Decree requires NGL Crude Logistics, LLC to pay a $25 million civil penalty and to purchase and retire 36 million RINs to resolve the civil claims alleged in the Complaint against NGL Crude Logistics, LLC through the date of lodging. 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. NGL Crude Logistics, LLC, D.J. Ref. No. 90–5–2–1–11163. 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 ......... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On September 27, 2018, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Iowa in the lawsuit entitled United PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 49945 During the public comment period, the consent decree 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 consent decree upon written request and payment of reproduction costs. E:\FR\FM\03OCN1.SGM 03OCN1 49946 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices 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 $6.75 (25 cents per page reproduction cost) payable to the United States Treasury. Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–21484 Filed 10–2–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE [Docket No. CIV 154] September 11th Victim Compensation Fund: Compensation of Claims Department of Justice (DOJ). Notice of inquiry; request for comment. AGENCY: ACTION: Under the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, Public Law 114– 113 (December 18, 2015) (‘‘Reauthorization Act’’), the Special Master for the September 11th Victim Compensation Fund (‘‘VCF’’) is required to periodically reassess VCF policies and procedures to ensure that (1) the VCF prioritizes compensation to those claimants who suffer with the most debilitating conditions, and (2) the VCF does not exceed the amount of available appropriated funds. Current projections, using data as of August 31, 2018, and at the current rate of disbursal, suggest a possibility that the funds that have been appropriated to compensate claimants pursuant to the James Zadroga 9/11 Health and Compensation Act of 2010 (‘‘Zadroga Act’’), Public Law 111–347 (January 2, 2011), as amended by the Reauthorization Act, may be insufficient to compensate all claims (including those filed and those anticipated to be filed) under the current policies and procedures guiding the calculation of awards. In an abundance of caution, therefore, and in fulfillment of her statutory responsibility to conduct periodic reassessments of VCF policies and procedures under the Act, the Special Master issues this Notice of Inquiry to seek public comments on how the remaining funds might be allocated in a fair and equitable manner to claims and amendments that have not yet been determined, with priority given, as the Reauthorization Act requires, to those claimants with the most debilitating conditions. This is a request for information only. No daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:05 Oct 02, 2018 Jkt 247001 determination has been made that any changes to VCF policies and procedures are necessary at this time. Instead, the Special Master will reassess the available funds and VCF policies and procedures as required by law in early 2019 with data as of December 31, 2018. In the event that the Special Master determines, at that time, that VCF policies and procedures need to be changed, then suggestions made in response to this Notice of Inquiry will be considered. Any changes to policy made as a result of the required statutory reassessment completed with data as of December 31, 2018, will be effective only as to claims filed after February 1, 2019, or such other date as the Special Master shall announce. DATES: Comments must be received on or before December 3, 2018. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day. ADDRESSES: To access and review all the documents related to the information listed in this notice, please use https:// www.regulations.gov by searching the Docket ID number CIV–154. To avoid confusion with incoming mail vital to the processing of VCF claims, commenters are strongly encouraged to submit comments electronically. Comments submitted in response to this notice should be submitted by either of the following methods: • Internet: Via the Federal eRulemaking Portal at https:// www.regulations.gov. Follow instructions for sending comments by selecting the Docket ID number. • By mail: Addressed to September 11th Victim Compensation Fund, Civil Division, U.S. Department of Justice, 290 Broadway, Suite 1300, New York, New York 10007. To ensure proper handling, please reference Docket CIV– 154 on your correspondence. Please note that comments submitted by fax, email, or mail sent to any address other than the one above, and those submitted after the comment period ends, will not be accepted. FOR FURTHER INFORMATION CONTACT: For specific questions about this Notice, please contact Sally Flynn, Chief of Staff to the Special Master, September 11th Victim Compensation Fund, 855–885– 1555 (TTY 855–885–1558). SUPPLEMENTARY INFORMATION: Background The VCF was originally created by Public Law 107–42 (September 22, 2001), as amended by Public Law 107– 71 (November 19, 2001), to provide PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 compensation for any individual (or a personal representative of a deceased individual) who suffered physical harm or was killed as a result of the terroristrelated aircraft crashes of September 11, 2001, or the debris removal efforts that took place in the immediate aftermath of those crashes. The original VCF (‘‘VCF I’’) operated from 2001–2004 under the direction of Special Master Kenneth Feinberg, and distributed over $7 billion. VCF I concluded operations in June 2004. On January 2, 2011, the President signed into law the Zadroga Act. Title II of the Zadroga Act reactivated the VCF, expanded its pool of eligible claimants, and appropriated $2.775 billion for the operation of the VCF. Pursuant to the Zadroga Act, the VCF reopened in October 2011 and was authorized to accept claims for a period of five years, ending in October 2016, with a final year for processing and paying claims until October 2017. On December 18, 2015, the President signed into law the Reauthorization Act. The Reauthorization Act extended the VCF for an additional five years, allowing individuals to submit claims until December 18, 2020, and appropriated an additional $4.6 billion. The VCF is administered by a Special Master appointed by the Attorney General. The Zadroga Act, as amended, authorizes the Special Master to determine claims based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. The Special Master has promulgated regulations governing the determination of claims, which are published at 28 CFR part 104. The VCF also maintains a website, www.vcf.gov, which provides information to the public concerning the operation of the Fund and instructions to potential claimants regarding application procedures, including a substantial Policies and Procedures document that includes information on eligibility criteria, the methodology used to calculate economic and non-economic loss, payment procedures, appeals and hearings, claims for deceased individuals, and information for claimants who are represented by an attorney. The VCF’s Sixth Annual Status Report and Second Annual Reassessment of Policies and Procedures was published on February 13, 2018, and monthly progress statistics are published on the website. The original amount appropriated to fund claims filed pursuant to the Zadroga Act and to pay the cost of operating the VCF was $2.775 billion. The Reauthorization Act appropriated an additional amount of $4.6 billion, for E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

Department of Justice

[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49945-49946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21484]


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DEPARTMENT OF JUSTICE


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

    On September 27, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Iowa in the lawsuit entitled United States v. NGL Crude 
Logistics, LLC, Civil Action No. 2:16-cv-01038-LRR.
    The United States filed this lawsuit under the Clean Air Act's 
Renewable Fuel Standard program. The United States' Complaint names NGL 
Crude Logistics, LLC (f/k/a Gavilon, LLC) and Western Dubuque 
Biodiesel, LLC as defendants. The Court entered a settlement resolving 
the United States' claims against Western Dubuque Biodiesel, LLC on 
April 11, 2017. The United States' Complaint seeks retirement of 
approximately 36 million Renewable Identification Numbers (RINs) and 
civil penalties.
    The Complaint alleges that NGL Crude Logistics, LLC (1) failed to 
retire approximately 36 million RINs associated with biodiesel NGL 
Crude Logistics, LLC sold to Western Dubuque Biodiesel, LLC for use as 
material to create renewable fuel (feedstock); (2) caused Western 
Dubuque Biodiesel, LLC to commit prohibited acts under the Renewable 
Fuel Standard program; and (3) transferred approximately 36 million 
invalid RINs to third parties. The United States District Court for the 
Northern District of Iowa found NGL liable for these violations on July 
3, 2018.
    The proposed Consent Decree requires NGL Crude Logistics, LLC to 
pay a $25 million civil penalty and to purchase and retire 36 million 
RINs to resolve the civil claims alleged in the Complaint against NGL 
Crude Logistics, LLC through the date of lodging.
    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. NGL Crude Logistics, LLC, D.J. Ref. 
No. 90-5-2-1-11163. 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 consent decree 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 consent decree upon written request and payment of reproduction 
costs.

[[Page 49946]]

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 $6.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-21484 Filed 10-2-18; 8:45 am]
 BILLING CODE 4410-15-P

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