Notice of Lodging of Proposed Consent Decree Under the Clean Air Act and the Federal Debt Collection Procedures Act, 2759-2760 [2020-00558]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices 3,800 acres. The proposed project also includes construction of a 2.7 mile 230 kilovolt generation interconnection (gen-tie) transmission line connecting the project to the Southern California Edison (SCE) Colorado River Substation. The BLM also considered an amendment to the CDCA Plan that would be necessary to authorize the project. This is a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for compliance with NEPA and the California Environmental Quality Act (CEQA). Riverside County is the lead agency under CEQA. On August 8, 2018, the BLM issued the Draft EIS/EIR and Draft Land Use Plan Amendment, which analyzed the impacts of the Proposed Action and two action alternatives, in addition to a No Action Alternative. Alternative 2, Resource Avoidance Alternative, would be a 450 MW Photovoltaic (PV) array on about 2,800 acres. It reduces effects to portions of the sand corridor and cultural resources. Alternative 3, Reduced Project Alternative, would be a 285 MW solar PV project on about 2,100 acres. Like the Proposed Action, under each of these alternatives, the BLM would amend the CDCA Plan to allow the project. Under the No Action Alternative, the BLM would deny the ROW application, and would not amend the CDCA Plan to allow the project. The Draft EIS/EIR and Draft Land Use Plan Amendment included analysis of the ROW application as it related to the following issues: (1) Impacts to cultural resources and tribal concerns; (2) Impacts to the sand transport corridor and Mojave fringe-toed lizard habitat and washes; (3) Impacts to BLM sensitive plants; (4) Impacts to avian species; (5) Impacts to visual resources; (6) Impact to air and water quality; and (7) Relationship between the proposed project and the CDCA Plan, as amended. The Draft EIS/EIR and Draft Land Use Plan Amendment was available for a 90day public comment period. The BLM held public meetings on September 26, 2018, and September 27, 2018, in Palm Desert and Blythe, CA respectively. Fourteen individuals attended the meeting on September 26, 2018, and 19 individuals attended the meeting on September 27, 2018. The BLM received two verbal comments during the September 27, 2018, public meeting and 22 comment letters during the comment period. Comments on the Draft EIS/EIR and Draft Land Use Plan Amendment received from the public and internal agency review were considered and incorporated, as appropriate, into the Final EIS/EIR and Proposed Land Use VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 Plan Amendment. Public comments resulted in the addition of clarifying text, but did not significantly change proposed land use plan decisions. A response to substantive comments is included in the Final EIS/EIR and Proposed Land Use Plan Amendment. Under Alternative 2 and Alternative 3, the gen-tie alignment was adjusted to avoid a potential conflict with a proposed transmission line project. The adjustment does not substantially change the environmental effects analysis. The BLM has selected Alternative 2, the Resource Avoidance Alternative, as the Agency Proposed Alternative in the Final EIS/EIR and Proposed Land Use Plan Amendment. The publication of the Desert Quartzite Final EIS/EIR and Proposed Land Use Amendment initiated a 30-day protest period, which closed on October 28, 2019. The BLM received two protests. The BLM has considered and resolved the protests on the Desert Quartzite Solar Project Final EIS/EIR and Proposed Land Use Amendment. The BLM’s protest resolution report to those protests can be found at https:// www.blm.gov/programs/planning-andnepa/public-participation/protestresolution-reports. In accordance with the regulations at 43 CFR 1610.3–2(e), the BLM submitted the Final EIS/EIR and Proposed Land Use Amendment for a 60-day Governor’s Consistency Review on September 27, 2019. The Governor did not respond with any findings of inconsistency. With this ROD, the BLM adopts the Agency Preferred Alternative and amends the CDCA Plan. Approval of these decisions constitutes the final decision of the Department of the Interior and, in accordance with the regulations at 43 CFR 4.410(a)(3), is not subject to appeal under Departmental regulations at 43 CFR part 4. Any challenge to these decisions, including the BLM Authorized Officer’s issuance of the right-of-way as approved by this decision, must be brought in the Federal district court. Joe Stout, Acting State Director. [FR Doc. 2020–00611 Filed 1–15–20; 8:45 am] BILLING CODE 4310–40–P PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 2759 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act and the Federal Debt Collection Procedures Act On January 10, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Middle District of Florida in the lawsuit entitled United States of America v. Punch It Performance and Tuning, et al., Civil Action No. 6:19–cv– 01115–RBD–EJK. The Complaint in this Clean Air Act (‘‘CAA’’) case was filed against Punch It Performance and Tuning LLC; D N S Enterprises of Florida, Inc.; REI Research Group, Inc.; Michael Paul Schimmack; Vanessa Schimmack; and Lori Brown (‘‘Defendants’’) on June 14, 2019. The Complaint alleges civil violations of the CAA, and the fraudulent transfer of assets under the Federal Debt Collection and Procedures Act (‘‘FDCPA’’). Specifically, the Complaint alleges that certain Defendants manufactured and sold devices that defeat motor vehicle emission controls that are illegal under Section the CAA. The Complaint further alleges that, after the Defendants learned of federal enforcement efforts, assets were fraudulently transferred from two of the companies to Michael Paul Schimmack, Vanessa Schimmack, and Lori Brown in violation of the FDCPA. Under the proposed Consent Decree, the Defendants (1) will pay, in three installments over one year, $850,000 in civil penalties, (2) are prohibited from manufacturing or selling products in violation of the CAA, tampering with a vehicle’s emission control system, providing technical support for products that have already been sold in violation of the CAA, and transferring any intellectual property that could be used to manufacture defeat devices and (3) must periodically submit compliance reports and reports on their future involvement in the automotive industry. Both the payment schedule and the amount of civil penalties reflect Defendants’ documented limited financial ability to pay. The Publication of this notice opens a period for public comment on the proposed 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. Punch It Performance and Tuning, et al., D.J. Ref. No. 90–5–2–1–11965. Comments may be submitted by either email or by mail: E:\FR\FM\16JAN1.SGM 16JAN1 2760 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices 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 proposed 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 proposed 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 $9.00 (25 cents per page reproduction cost) payable to the United States Treasury. Thomas Carroll, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–00558 Filed 1–15–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Wage and Hour Division Agency Information Collection Activities; Comment Request; Information Collections: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act Wage and Hour Division, Department of Labor. ACTION: Notice and request for comments. AGENCY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general 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 (PRA). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before March 16, 2020. ADDRESSES: You may submit comments identified by Control Number 1235– 0002, by either one of the following methods: Email: WHDPRAComments@ dol.gov; Mail, Hand Delivery, Courier: Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW, Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via email or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of Regulations, Legislation, and Interpretation, Wage and Hour, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693–0023 (not a toll-free number). TTY/TTD callers may dial tollfree (877) 889–5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Background: The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) safeguards migrant and seasonal agricultural workers in their interactions with Farm Labor Contractors, Agricultural Employers and Agricultural Associations, and providers of migrant farm worker housing. See Public Law 97–470. The MSPA requires PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Farm Labor Contractors, Agricultural Employers, and Agricultural Associations, who recruit, solicit, hire, employ, furnish, transport, or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers. Various sections of the MSPA require respondents (e.g., Farm Labor Contractors, Agricultural Employers, and Agricultural Associations to disclose terms and conditions in writing to their workers. MSPA sections 201(g) and 301(f) requires that the DOL make forms available to provide such information. The DOL prints and makes optional-use form WH–516, Worker Information— Terms and Conditions of Employment. MSPA sections 201(d) and 301(c)—29 U.S.C. 1821(d), 1831(c) and regulations 29 CFR 500.80(a), require each Farm Labor Contractor, Agricultural Employer, and Agricultural Association that employs a migrant or seasonal worker to make, keep, and preserve records for three years for each such worker concerning the: (1) Basis on which wages are paid; (2) number of piece work units earned, if paid on a piece work basis; (3) number of hours worked; (4) total pay period earnings; (5) specific sums withheld and the purpose of each sum withheld; (6) net pay. Respondents are also required to provide an itemized written statement of this information to each migrant and seasonal agricultural worker each pay period. See 29 U.S.C. 1821(d), 1831(c), and 29 CFR 500.1–.80(d). Additionally, MSPA sections 201(e) and 301(d) require each Farm Labor Contractor provide copies of all the records noted above for the migrant and seasonal agricultural workers the contractor has furnished to other Farm Labor Contractors, Agricultural Employers, or Agricultural Associations who use the workers. Respondents must also make and keep certain records. Section 201(c) of the MSPA requires all Farm Labor Contractors, Agricultural Employers, and Agricultural Associations providing housing to a migrant agricultural worker to post in a conspicuous place at the site of the housing, or present to the migrant worker, a written statement of any housing occupancy terms and conditions. See 29 U.S.C. 1821(c); 29 CFR 500.75. In addition, MSPA section 201(g) requires them to provide such information in English, or as necessary and reasonable, in a language common to the workers. See 29 U.S.C. 1821(g). The provision also requires DOL make the optional forms available to provide E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2759-2760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00558]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act and the Federal Debt Collection Procedures Act

    On January 10, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Middle 
District of Florida in the lawsuit entitled United States of America v. 
Punch It Performance and Tuning, et al., Civil Action No. 6:19-cv-
01115-RBD-EJK.
    The Complaint in this Clean Air Act (``CAA'') case was filed 
against Punch It Performance and Tuning LLC; D N S Enterprises of 
Florida, Inc.; REI Research Group, Inc.; Michael Paul Schimmack; 
Vanessa Schimmack; and Lori Brown (``Defendants'') on June 14, 2019. 
The Complaint alleges civil violations of the CAA, and the fraudulent 
transfer of assets under the Federal Debt Collection and Procedures Act 
(``FDCPA''). Specifically, the Complaint alleges that certain 
Defendants manufactured and sold devices that defeat motor vehicle 
emission controls that are illegal under Section the CAA. The Complaint 
further alleges that, after the Defendants learned of federal 
enforcement efforts, assets were fraudulently transferred from two of 
the companies to Michael Paul Schimmack, Vanessa Schimmack, and Lori 
Brown in violation of the FDCPA.
    Under the proposed Consent Decree, the Defendants (1) will pay, in 
three installments over one year, $850,000 in civil penalties, (2) are 
prohibited from manufacturing or selling products in violation of the 
CAA, tampering with a vehicle's emission control system, providing 
technical support for products that have already been sold in violation 
of the CAA, and transferring any intellectual property that could be 
used to manufacture defeat devices and (3) must periodically submit 
compliance reports and reports on their future involvement in the 
automotive industry. Both the payment schedule and the amount of civil 
penalties reflect Defendants' documented limited financial ability to 
pay.
    The Publication of this notice opens a period for public comment on 
the proposed 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. Punch It Performance 
and Tuning, et al., D.J. Ref. No. 90-5-2-1-11965. Comments may be 
submitted by either email or by mail:

[[Page 2760]]



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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC, 20044-7611.
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    During the public comment period, the proposed 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 proposed 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 $9.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-00558 Filed 1-15-20; 8:45 am]
BILLING CODE 4410-15-P