Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 46974-46975 [2019-19274]
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46974
Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices
patient information, to which he had
access based on his position of trust as
a V.A. physician, to create fraudulent
invoices in an attempt to cover up his
income tax evasion. . . . These factors
underscore the seriousness of his
dishonest scheme.’’ Jeffrey S. Stein,
M.D., HHS Appeals Board, at 6. It is this
activity, which demonstrates a lack of
integrity, coupled with Respondent’s
statement attempting to minimize the
connection of his crimes to his medical
practice that give me the most pause in
determining the nature or
appropriateness of a sanction in this
case. See Dubin, 61 FR at 60728
(revoking based on respondent’s
‘‘continual use of the Medical
Assistance claims, the names and
provider numbers of his employee
dentists without their permission’’ and
finding that ‘‘ ‘these actions cast
substantial doubt on Respondent’s
integrity.’ ’’).
Respondent must convince the
Administrator that his acceptance of
responsibility and remorse are
sufficiently credible to demonstrate that
the misconduct will not recur. In some
circumstances, the Agency has found
that repentance and honesty weigh in
favor of continuing to entrust the
respondent with a registration. See, e.g.,
Melvin N. Seglin, M.D., 63 FR 70431,
70433 (1998) (The ALJ was ‘‘ ‘persuaded
that Respondent has accepted
responsibility for his misconduct and
that is not likely to recur.’ The Deputy
Administrator agree[d] with [the ALJ],
finding it significant that Respondent
did not attempt to conceal his
misconduct and in fact was quite
straightforward with the investigator.’’).
Here, Respondent pled guilty and stated
remorse and seemingly accepted
responsibility, but the crime itself
demonstrates a complex scheme in
which he misused patients’ personal
information to conceal his original
crime of tax fraud. See RFAA Ex. 3, at
7.
If Respondent were to repeat such
dishonest interference in the context of
a DEA investigation, it could impact the
Agency’s mission in preventing the
diversion and misuse of controlled
substances. DEA budgets for
approximately 1,625 Diversion positions
involved in regulating more than 1.8
million registrants overall.5 Ensuring
that a registrant is honest and does not
avoid detection through fraudulent
documentation is crucial to the
Agency’s ability to complete its mission
5 See DEA FY2020 Budget Request available at
https://www.justice.gov/jmd/page/file/1142431/
download.
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of preventing diversion within such a
large regulated population.
‘‘While mandatory exclusion can
provide an independent basis for
revocation, DEA has often reserved that
sanction to cases where ‘there were
serious questions as to the integrity of
the registrant.’’ Kwan Bo Jin, M.D., 77
FR 35021, 35026 (2012) (quoting Anibal
P. Herrera, M.D., 61 FR 65075, 65078
(1996) (permitting the continuation of
registration with restriction where
respondent fully accepts responsibility
and has paid restitution)). I will refrain
from revocation in this case because of
the conflicting information in the record
with regard to Respondent’s integrity
and because I appreciate the forthright
nature of his statements regarding
acceptance of responsibility. However,
in light of his diminishment of the full
extent of his crimes, and without having
the benefit of a hearing to weigh the
credibility of such statements, I believe
that the record presents a legitimate
concern that Respondent might impede
a DEA investigation in the same manner
as he obstructed his IRS investigation.
Even though he has accepted
responsibility and demonstrated
remorse, he also glossed over the misuse
of patient information, which seems
consistent with his prior behavior of
concealing his crimes. I am concerned
that, although Respondent may not be
likely to commit tax fraud again, he may
be dishonest in dealing with Diversion
Investigators or DEA Special Agents in
the future. I believe that some degree of
sanction is appropriate to prevent
Respondent from circumventing the
CSA requirements to the detriment of its
effective implementation in order to
protect the public. Therefore, I will
suspend Respondent’s registration for a
period of two years. The suspension is
significantly less than his eight-year
federal health care program exclusion,
because the CSA is not bound by the
same minimal suspension standards as
HHS. Respondent has paid his
restitution, he has completed his
incarceration and is fulfilling his
probation, but I must ensure that he is
fully candid and cooperative and his
fraudulent behavior is not likely to recur
in order to entrust him with a CSA
registration.
Order
Pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
824(a), I hereby suspend DEA Certificate
of Registration No. FS6587868 issued to
Jeffrey Stein, M.D. for a period of two
years starting from the effective date of
this Order. This Order is effective
October 7, 2019.
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Dated: August 23, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019–19305 Filed 9–5–19; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Revision;
Correction
Executive Office for
Immigration Review, Department of
Justice.
ACTION: Notice; correction.
AGENCY:
The Department of Justice,
Executive Office for Immigration
Review, submitted a 60-day notice for
publishing in the Federal Register on
August 28, 2019 soliciting comments to
an information collection request to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The document
contained incorrect information listed
in the DATES section, providing a
comment due date of September 27,
2019.
FOR FURTHER INFORMATION CONTACT:
Lauren Alder Reid, Assistant Director,
Office of Policy, Executive Office for
Immigration Review, 5107 Leesburg
Pike, Suite 2500, Falls Church, VA
22041, telephone (703) 305–0289.
SUPPLEMENTARY INFORMATION:
Correction: In the Federal Register of
August 28, 2019, in FR Doc. 2019–
18566, on page 45173, the DATES section
is corrected to read as follows:
DATES: Comments are encouraged and
will be accepted for 60 days until
October 28, 2019.
SUMMARY:
Dated: August 30, 2019.
Melody Braswell,
Department Clearance Officer.
[FR Doc. 2019–19145 Filed 9–5–19; 8:45 am]
BILLING CODE 4410–30–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On August 30, 2019, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Western District of
Arkansas in the lawsuit entitled United
States, et al. v. Delek Logistics
Operating, LLC, and SALA Gathering
Systems, LLC, Case No. 1:18–cv–01040–
SOH.
E:\FR\FM\06SEN1.SGM
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Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices
The proposed Consent Decree
resolves the United States’ claims under
Sections 301(a), 311(b) and 311(j) of the
Clean Water Act, 33 U.S.C. 1311(a),
1321(b), and 1321(j), as well as the State
of Arkansas’ claims under Arkansas
Hazardous Waste Management Act, Ark.
Code Ann. §§ 8–7–201–227, the
Arkansas Water and Air Pollution
Control Act, Ark. Code Ann. §§ 8–4–
101–409, and Arkansas Pollution
Control and Ecology Commission
Regulations 2.409 and 2.410. The claims
arose from Defendants’ operation of an
oil storage and transfer station in
Magnolia, Arkansas, and an oil spill that
occurred at the facility on March 8,
2013. Under the proposed Consent
Decree, Defendants have agreed to pay
a civil penalty of $2,255,460.00 and
perform injunctive relief measures to
resolve the United States’ and State of
Arkansas’ claims.
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
Delek Logistics Operating, LLC, and
SALA Gathering Systems, LLC, Case No.
1:18–cv–01040–SOH, D.J. Ref. No. 90–5–
1–1–11308. 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.
jspears on DSK3GMQ082PROD with NOTICES
By mail .........
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: https://
www.usdoj.gov/enrd/Consent_
Decrees.html. 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 $14.50 (25 cents per page
VerDate Sep<11>2014
16:53 Sep 05, 2019
Jkt 247001
reproduction cost) payable to the United
States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2019–19274 Filed 9–5–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
[OMB Number 1190–0018]
Agency Information Collection
Activities; Proposed eCollection;
eComments Requested; IER Charge
Form
Civil Rights Division,
Department of Justice.
ACTION: 30-Day notice.
AGENCY:
The Department of Justice,
Civil Rights Division, will be submitting
the following information collection
request to the Office of Management and
Budget for review and approval in
accordance with the Paperwork
Reduction Act of 1995. This proposed
information collection was previously
published in the Federal Register,
allowing for a 60-day comment period.
DATES: The purpose of this notice is to
allow for an additional 30 days for
public comment until October 7, 2019.
ADDRESSES: If you have 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
Alberto Ruisanchez, Deputy Special
Counsel, USDOJ–CRT–OSC, 950
Pennsylvania Avenue NW–4CON,
Washington, DC 20530. Written
comments and/or suggestions can also
be directed to the Office of Management
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.
Written comments and/or suggestions
are requested from the public and
affected agencies concerning the
proposed collection of information.
Your comments should address one or
more of the following four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the function of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
collection of information, including the
SUMMARY:
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46975
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
mechanical, or other technological
collection techniques or other forms of
information technology.
FOR FURTHER INFORMATION 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,
Suite 3E.405A, Washington, DC 20530.
SUPPLEMENTARY INFORMATION: The
information collection is listed below:
(1) Type of information collection:
Extension of Currently Approved
Collection.
(2) The title of the form/collection:
Title of the Form/Collection: IER Charge
Form.
(3) Agency form number: Form IER–
1.
(3) Affected public who will be asked
to respond, as well as a brief abstract:
Primary: The Immigrant and Employee
Rights Section (IER) enforces the antidiscrimination provision (§ 274B) of the
Immigration and Nationality Act (INA),
8 U.S.C. 1324b. The statute prohibits: (1)
Citizenship or immigration status
discrimination in hiring, firing, or
recruitment or referral for a fee, (2)
national origin discrimination in hiring,
firing, or recruitment or referral for a
fee, (3) unfair documentary practices
during the employment eligibility
verification process (Form I–9 and EVerify), and (4) retaliation or
intimidation for asserting rights covered
by the statute. IER, within the
Department’s Civil Rights Division,
investigates and, where reasonable
cause is found, litigates charges alleging
discrimination. IER also initiates
independent investigations, at times
based on information developed during
individual charge investigations.
Independent investigations normally
involve alleged discriminatory policies
that potentially affect many employees
or applicants. These investigations may
result in complaints alleging a pattern or
practice of discriminatory activity. If the
Department lacks jurisdiction over a
particular charge but believes another
agency has jurisdiction over the claim,
IER forwards the charge to the
applicable Federal, state or local agency
for any action deemed appropriate.
(5) An estimate of the total number of
respondents and the amount of time
E:\FR\FM\06SEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 46974-46975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19274]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On August 30, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Arkansas in the lawsuit entitled United States, et al. v.
Delek Logistics Operating, LLC, and SALA Gathering Systems, LLC, Case
No. 1:18-cv-01040-SOH.
[[Page 46975]]
The proposed Consent Decree resolves the United States' claims
under Sections 301(a), 311(b) and 311(j) of the Clean Water Act, 33
U.S.C. 1311(a), 1321(b), and 1321(j), as well as the State of Arkansas'
claims under Arkansas Hazardous Waste Management Act, Ark. Code Ann.
Sec. Sec. 8-7-201-227, the Arkansas Water and Air Pollution Control
Act, Ark. Code Ann. Sec. Sec. 8-4-101-409, and Arkansas Pollution
Control and Ecology Commission Regulations 2.409 and 2.410. The claims
arose from Defendants' operation of an oil storage and transfer station
in Magnolia, Arkansas, and an oil spill that occurred at the facility
on March 8, 2013. Under the proposed Consent Decree, Defendants have
agreed to pay a civil penalty of $2,255,460.00 and perform injunctive
relief measures to resolve the United States' and State of Arkansas'
claims.
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 Delek Logistics Operating, LLC, and SALA Gathering
Systems, LLC, Case No. 1:18-cv-01040-SOH, D.J. Ref. No. 90-5-1-1-11308.
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.usdoj.gov/enrd/Consent_Decrees.html. 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 $14.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-19274 Filed 9-5-19; 8:45 am]
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