Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 49767-49768 [2019-20464]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Notices
Washington, DC 20503 or sent to OIRA_
submissions@omb.eop.gov.
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 agency, 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.
jbell on DSK3GLQ082PROD with NOTICES
Overview of This Information
Collection
17:55 Sep 20, 2019
Jkt 247001
Dated: September 18, 2019.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2019–20492 Filed 9–20–19; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
1. Type of Information Collection
(check justification or form 83):
Revision of a currently approved
collection.
2. The Title of the Form/Collection:
FEL Out of Business Records.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number (if applicable): None.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Business or other for-profit.
Other (if applicable): Individuals or
households.
Abstract: Per 27 CFR 555.128, when
an explosive materials business or
operation is discontinued, the records
must be delivered to the ATF Out of
Business Records Center within 30 days
of the business or operation
discontinuance.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 249 respondents
will utilize this information collection,
and it will take each respondent
VerDate Sep<11>2014
approximately 30 minutes to complete
their responses.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
124.5 or 125 hours, which is equal to
249 (# of respondents) * 1 (# of
responses per respondents) * .5 (30
minutes).
7. An Explanation of the Change in
Estimates: The adjustments associated
with this information collection include
an increase in the total respondents and
burden hours by 49 and 25 respectively,
since the last renewal in 2016.
Consequently, the cost burden has also
risen by $8,842 since 2016.
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.405A,
Washington, DC 20530.
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On September 12, 2019, the
Department of Justice lodged a proposed
consent decree with the United States
District Court for the District of Utah in
the lawsuit entitled United States of
America v. Performance Diesel, Inc.,
Civil Action No. 4:19–cv–00075–DN.
The lawsuit seeks injunctive relief
and civil penalties against Defendant
Performance Diesel, Inc. (‘‘PDI’’) for
violations of Sections 203(a)(3)(A) and
(B) of the Clean Air Act, 42 U.S.C.
7522(a)(3)(A) and (B). The United States
alleges that Defendant manufactured,
sold, and in some cases installed at least
5,549 aftermarket products that have a
principal effect of bypassing, defeating,
or rendering inoperative emission
controls installed on motor vehicles or
motor vehicle engines, and that
Defendant knew or should have known
that these products would be put to
such use. In both the complaint and
proposed consent decree, these
aftermarket products are referred to as
‘‘subject products.’’ Subject products do
not include products that are covered by
an Executive Order (‘‘E.O.’’) issued by
the California Air Resources Board
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
49767
(‘‘CARB’’) or a pending ‘‘complete
application’’ for a CARB E.O.
Under the proposed consent decree,
Defendant would pay a civil penalty
and implement measures to comply
with the Clean Air Act. For instance,
subject to a narrowly tailored exception
for research and development,
Defendant is prohibited from
manufacturing, selling, or installing
subject products. For any product that
would otherwise qualify as a subject
product, Defendant must demonstrate a
reasonable basis that the product will
not adversely affect vehicles emissions.
Moreover, Defendant must (1) destroy
all subject products (except those
retained for research and development);
(2) stop providing technical support for
subject products; (3) revise its marketing
materials; (4) provide notice to its
employees and customers; (4) require its
employees to forfeit any subject
products; and (5) provide annual
employee training. Defendant must also
pay $1,100,000 in civil penalties based
upon its demonstrated inability to pay
a higher penalty. The proposed consent
decree would resolve all Clean Air Act
claims alleged by the United States
against Defendant through the date the
United States filed the complaint.
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 of America v.
Performance Diesel, Inc., D.J. Ref. No.
90–5–2–1–11994. 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 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.
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 $12.25 (25 cents per page
E:\FR\FM\23SEN1.SGM
23SEN1
49768
Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Notices
reproduction cost) payable to the United
States Treasury.
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2019–20464 Filed 9–20–19; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Weekly
Claims and Extended Benefits Data
and Weekly Initial and Continued
Weeks Claimed
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting the Employment
and Training Administration (ETA)
sponsored information collection
request (ICR) titled, ‘‘Weekly Claims and
Extended Benefits Data and Weekly
Initial and Continued Weeks Claimed,’’
to the Office of Management and Budget
(OMB) for review and approval for
continued use, without change, in
accordance with the Paperwork
Reduction Act of 1995 (PRA). Public
comments on the ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before October 23, 2019.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained free of charge from the
RegInfo.gov website at https://
www.reginfo.gov/public/do/PRAView
ICR?ref_nbr=201909-1205-002 (this link
will only become active on the day
following publication of this notice) or
by contacting Frederick Licari by
telephone at 202–693–8073, TTY 202–
693–8064, (these are not toll-free
numbers) or by email at DOL_PRA_
PUBLIC@dol.gov.
Submit comments about this request
by mail to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for DOL–ETA, Office of
Management and Budget, Room 10235,
725 17th Street NW, Washington, DC
20503; by Fax: 202–395–5806 (this is
not a toll-free number); or by email:
OIRA_submission@omb.eop.gov.
Commenters are encouraged, but not
required, to send a courtesy copy of any
comments by mail or courier to the U.S.
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:55 Sep 20, 2019
Jkt 247001
Department of Labor–OASAM, Office of
the Chief Information Officer, Attn:
Departmental Information Compliance
Management Program, Room N1301,
200 Constitution Avenue NW,
Washington, DC 20210; or by email:
DOL_PRA_PUBLIC@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Frederick Licari by telephone at 202–
693–8073, TTY 202–693–8064, (these
are not toll-free numbers) or by email at
DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This ICR
seeks to extend PRA authority for the
Weekly Claims and Extended Benefits
Data and Weekly Initial and Continued
Weeks Claimed information collection.
This data collection is necessary for the
determination of the beginning,
continuance, or termination of an
Extended Benefit (EB) period in any
State that determines the EB trigger rate.
In addition, data on initial and
continued claims are used to help
determine economic indicators. Social
Security Act section 303(a)(6) and 20
CFR 615.15 authorize this information
collection. See 42 U.S.C. 303(a)(6) and
Public Law 91–373, section 203.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
under the PRA approves it and displays
a currently valid OMB Control Number.
In addition, notwithstanding any other
provisions of law, no person shall
generally be subject to penalty for
failing to comply with a collection of
information that does not display a
valid Control Number. See 5 CFR
1320.5(a) and 1320.6. The DOL obtains
OMB approval for this information
collection under Control Number 1205–
0028.
OMB authorization for an ICR cannot
be for more than three (3) years without
renewal, and the current approval for
this collection is scheduled to expire on
September 30, 2019. The DOL seeks to
extend PRA authorization for this
information collection for three (3) more
years, without any change to existing
requirements. The DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
March 22, 2019 (84 FR 10837).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1205–0028. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, 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.
• Enhance the quality, utility, and
clarity of the information to be
collected; 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.
Agency: DOL–ETA.
Title of Collection: Weekly Claims and
Extended Benefits Data and Weekly
Initial and Continued Weeks Claimed.
OMB Control Number: 1205–0028.
Affected Public: State, Local and
Tribal Governments.
Total Estimated Number of
Respondents: 53.
Total Estimated Number of
Responses: 5,512.
Total Estimated Annual Time Burden:
3,675 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: September 17, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019–20487 Filed 9–20–19; 8:45 am]
BILLING CODE 4510–FW–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Evaluation
of Employer Performance
Measurement Approaches
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting the Office of the
Assistant Secretary for Policy, Chief
SUMMARY:
E:\FR\FM\23SEN1.SGM
23SEN1
]]>Agencies
[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49767-49768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20464]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On September 12, 2019, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of Utah in the lawsuit entitled United States of America v. Performance
Diesel, Inc., Civil Action No. 4:19-cv-00075-DN.
The lawsuit seeks injunctive relief and civil penalties against
Defendant Performance Diesel, Inc. (``PDI'') for violations of Sections
203(a)(3)(A) and (B) of the Clean Air Act, 42 U.S.C. 7522(a)(3)(A) and
(B). The United States alleges that Defendant manufactured, sold, and
in some cases installed at least 5,549 aftermarket products that have a
principal effect of bypassing, defeating, or rendering inoperative
emission controls installed on motor vehicles or motor vehicle engines,
and that Defendant knew or should have known that these products would
be put to such use. In both the complaint and proposed consent decree,
these aftermarket products are referred to as ``subject products.''
Subject products do not include products that are covered by an
Executive Order (``E.O.'') issued by the California Air Resources Board
(``CARB'') or a pending ``complete application'' for a CARB E.O.
Under the proposed consent decree, Defendant would pay a civil
penalty and implement measures to comply with the Clean Air Act. For
instance, subject to a narrowly tailored exception for research and
development, Defendant is prohibited from manufacturing, selling, or
installing subject products. For any product that would otherwise
qualify as a subject product, Defendant must demonstrate a reasonable
basis that the product will not adversely affect vehicles emissions.
Moreover, Defendant must (1) destroy all subject products (except those
retained for research and development); (2) stop providing technical
support for subject products; (3) revise its marketing materials; (4)
provide notice to its employees and customers; (4) require its
employees to forfeit any subject products; and (5) provide annual
employee training. Defendant must also pay $1,100,000 in civil
penalties based upon its demonstrated inability to pay a higher
penalty. The proposed consent decree would resolve all Clean Air Act
claims alleged by the United States against Defendant through the date
the United States filed the complaint.
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 of America v. Performance Diesel, Inc.,
D.J. Ref. No. 90-5-2-1-11994. 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. 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 $12.25 (25 cents per page
[[Page 49768]]
reproduction cost) payable to the United States Treasury.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-20464 Filed 9-20-19; 8:45 am]
BILLING CODE 4410-15-P
