Notice of Lodging Proposed Consent Decree, 12984-12985 [2022-04850]
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12984
Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices
Drug Enforcement
Administration, Department of Justice.
ACTION: 60-Day notice.
—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 proposed 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.
The Drug Enforcement
Administration (DEA), Department of
Justice, 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 information collection is also
associated with the proposed
rulemaking ‘‘Management of Quotas for
Controlled Substances and List I
Chemicals,’’ published in the Federal
Register. It is likely that the final rule
will not be published before this
information collection expires on May
31, 2022. If the final rule does publish
prior to the expiration, it will be
published as the 30-Day Notice.
DATES: Comments are encouraged and
will be accepted for 60 days until May
9, 2022.
FOR FURTHER INFORMATION CONTACT: 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 Scott A. Brinks, Regulatory
Drafting and Policy Support Section
(DPW), Diversion Control Division, Drug
Enforcement Administration; Mailing
Address: 8701 Morrissette Drive,
Springfield, Virginia 22152; Telephone:
(571) 776–2265.
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:
Overview of This Information
Collection
1. Type of Information Collection:
Extension of a currently approved
collection.
2. Title of the Form/Collection:
Application for Import Quota for
Ephedrine, Pseudoephedrine, and
Phenylpropanolamine.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
DEA Form 488. The applicable
component within the Department of
Justice is the Drug Enforcement
Administration, Diversion Control
Division.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Affected public (Primary): Business or
other for-profit.
Affected public (Other): Not-for-profit
institutions; Federal, State, local, and
tribal governments.
Abstract: Pursuant to 21 U.S.C. 952
and 21 CFR 1315.34, any person who
desires to import the List I chemicals
Ephedrine, Pseudoephedrine, or
Phenylpropanolamine during the next
calendar year must apply on DEA Form
488 for an import quota for each such
List I chemical.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The DEA estimates 49
respondents complete 126 DEA Form
488 applications annually, and that each
form takes 0.5 hours to complete.
Respondents complete a separate DEA
Form 488 for each List I chemical for
which quota is sought.
Square, 145 N Street NE, Suite 3E.405B,
Washington, DC 20530.
Dated: March 2, 2022.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2022–04785 Filed 3–7–22; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
[OMB Number 1117–0047]
Agency Information Collection
Activities; Proposed eCollection,
eComments Requested; Extension
Without Change of a Previously
Approved Collection; Application for
Import Quota for Ephedrine,
Pseudoephedrine, and
Phenylpropanolamine; DEA Form 488
AGENCY:
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6. An estimate of the total public
burden (in hours) associated with the
proposed collection: The DEA estimates
this collection takes a total of 63 annual
burden hours.
If additional information is required,
please 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.405B,
Washington, DC 20530.
Dated: March 2, 2022.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2022–04787 Filed 3–7–22; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States v. Polo Development, Inc.,
et al., Civil Action No. 4:20–cv–2400–
JRA, was lodged with the United States
District Court for the Northern District
of Ohio on March 1, 2022.
This proposed Consent Decree
concerns an amended complaint filed
by the United States against Defendants
Polo Development, Inc., AIM Georgia,
LLC, Joseph Zdrilich, Donna Zdrilich,
and Carbon Hills, LLC, pursuant to
Section 309(b) of the Clean Water Act,
33 U.S.C. 1319(b), to obtain injunctive
relief from and impose civil penalties
against the Defendants for violating
Section 301(a) of the Clean Water Act,
33 U.S.C. 1311(a), by discharging
pollutants without a permit into waters
of the United States. The proposed
Consent Decree resolves these claims by
requiring the Defendants to restore
impacted areas, record a conservation
easement, and pay a civil penalty.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Patrick R. Jacobi, United States
Department of Justice, Environment and
Natural Resources Division,
Environmental Defense Section, Denver
Place Building, 999 18th Street, Suite
370—South Terrace, Denver, CO 80202,
pubcomment_eds.enrd@usdoj.gov, and
refer to United States v. Polo
Development, Inc., et al., DJ #’s 90–5–1–
1–21099, 90–5–1–1–22034.
Subject to public health protocols, the
proposed Consent Decree may be
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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices
examined at the Clerk’s Office, United
States District Court for the Northern
District of Ohio, 2 South Main Street,
Akron, Ohio 44308. In addition, the
proposed Consent Decree may be
examined electronically at https://
www.justice.gov/enrd/consent-decrees.
Cherie Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2022–04850 Filed 3–7–22; 8:45 am]
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DEPARTMENT OF LABOR
Employee Benefits Security
Administration
[Application Number D–11681]
ZRIN 1210–ZA18
Amendments to Class Prohibited
Transaction Exemptions To Remove
Credit Ratings Pursuant to the DoddFrank Wall Street Reform and
Consumer Protection Act
Employee Benefits Security
Administration, U.S. Department of
Labor.
ACTION: Notice of amendments to class
exemptions.
AGENCY:
This document amends six
class exemptions from prohibited
transaction rules set forth in the
Employee Retirement Income Security
Act of 1974 (ERISA or the Act) and the
Internal Revenue Code (the Code). The
amended exemptions are Prohibited
Transaction Exemptions (PTEs) 75–1,
80–83, 81–8, 95–60, 97–41 and 2006–16.
The amendments relate to the use of
credit ratings as conditions in these
class exemptions. Section 939A of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act requires the
Department to remove any references to
or requirements of reliance on credit
ratings from its class exemptions and to
substitute standards of creditworthiness
as the Department determines to be
appropriate. The amendments affect
participants and beneficiaries of
employee benefit plans, owners of
individual retirement accounts (IRAs),
fiduciaries of employee benefit plans
and IRAs, and the financial institutions
that engage in transactions with, or
provide services or products to, the
plans and IRAs.
DATES: This amendment will be in effect
on May 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Susan Wilker, Office of Exemption
Determinations, Employee Benefits
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Security Administration, U.S.
Department of Labor, (202) 693–8540
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and 13563
Statement
Under Executive Orders 12866 and
13563, the Department must determine
whether a regulatory action is
‘‘significant’’ and therefore subject to
the requirements of the Executive Order
and subject to review by the Office of
Management and Budget (OMB).
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing and
streamlining rules, and of promoting
flexibility. It also requires federal
agencies to develop a plan under which
the agencies will periodically review
their existing significant regulations to
make the agencies’ regulatory programs
more effective or less burdensome in
achieving their regulatory objectives.
Under Executive Order 12866,
‘‘significant’’ regulatory actions are
subject to the requirements of the
Executive Order and review by OMB.
Section 3(f) of Executive Order 12866,
defines a ‘‘significant regulatory action’’
as an action that is likely to result in a
rule (1) having an annual effect on the
economy of $100 million or more, or
adversely and materially affecting a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local or
tribal governments or communities (also
referred to as an ‘‘economically
significant action’’); (2) creating serious
inconsistency or otherwise interfering
with an action taken or planned by
another agency; (3) materially altering
the budgetary impacts of entitlement
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) raising novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
In 2013, OMB determined that the
proposal was significant within the
meaning of section 3(f)(4) of the
Executive Order. However, since then
other regulators have adopted similar
changes to their regulations and
financial institutions have been
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12985
complying with updated credit quality
standards. Therefore, pursuant to the
terms of the Executive Order, it has been
determined that this action is not
‘‘significant’’ within the meaning of
section 3(f) of the Executive Order and
therefore is not subject to review by
OMB. This action also does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
Background
In the Dodd-Frank Wall Street Reform
and Consumer Protection Act (DoddFrank), Congress included provisions
designed to reduce federal regulatory
reliance on credit ratings, finding that in
the financial crisis of 2008 certain credit
ratings had been inaccurate, and that
they ‘‘contributed significantly to the
mismanagement of risks by financial
institutions and investors, which in turn
adversely impacted the health of the
economy in the United States and
around the world.’’ 1 Thus, Dodd-Frank
required federal agencies, including the
Department, to review any regulation
that referenced or required credit
ratings, and to remove the references or
requirements and substitute standards
of creditworthiness as the agency
deemed appropriate.2 As part of its
compliance with Dodd-Frank, the
Department conducted a review of its
administrative class prohibited
transaction exemptions.
In the absence of an exemption,
ERISA and the Code prohibit certain
transactions involving employee benefit
plans and IRAs. Class exemptions
granted by the Department provide
prohibited transaction relief that is
broadly available to any party that can
satisfy its conditions and definitional
provisions. Under the authority
provided in ERISA section 408(a), the
Department may grant such exemptions,
provided the Secretary of Labor (the
‘‘Secretary’’) finds that the exemptions
are (i) administratively feasible, (ii) in
the interests of plans and IRAs, and
their participants and beneficiaries, and
(iii) protective of the rights of
participants and beneficiaries of plans
and IRAs.3
The Department’s review of its class
exemptions determined that PTEs 75–1,
1 Dodd-Frank Wall Street Reform and Consumer
Protection Act section 931(5), Public Law 111–203,
124 Stat. 1376 (2010).
2 Id., section 939A.
3 Code section 4975(c)(2) authorizes the Secretary
of the Treasury to grant exemptions from the
parallel prohibited transaction provisions of the
Code. Reorganization Plan No. 4 of 1978 (5 U.S.C.
app. at 214 (2000)) generally transferred the
authority of the Secretary of the Treasury to grant
administrative exemptions under Code section 4975
to the Secretary of Labor.
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Agencies
[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12984-12985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04850]
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DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent Decree
In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that a proposed Consent Decree in United States v. Polo
Development, Inc., et al., Civil Action No. 4:20-cv-2400-JRA, was
lodged with the United States District Court for the Northern District
of Ohio on March 1, 2022.
This proposed Consent Decree concerns an amended complaint filed by
the United States against Defendants Polo Development, Inc., AIM
Georgia, LLC, Joseph Zdrilich, Donna Zdrilich, and Carbon Hills, LLC,
pursuant to Section 309(b) of the Clean Water Act, 33 U.S.C. 1319(b),
to obtain injunctive relief from and impose civil penalties against the
Defendants for violating Section 301(a) of the Clean Water Act, 33
U.S.C. 1311(a), by discharging pollutants without a permit into waters
of the United States. The proposed Consent Decree resolves these claims
by requiring the Defendants to restore impacted areas, record a
conservation easement, and pay a civil penalty.
The Department of Justice will accept written comments relating to
this proposed Consent Decree for thirty (30) days from the date of
publication of this Notice. Please address comments to Patrick R.
Jacobi, United States Department of Justice, Environment and Natural
Resources Division, Environmental Defense Section, Denver Place
Building, 999 18th Street, Suite 370--South Terrace, Denver, CO 80202,
[email protected], and refer to United States v. Polo
Development, Inc., et al., DJ #'s 90-5-1-1-21099, 90-5-1-1-22034.
Subject to public health protocols, the proposed Consent Decree may
be
[[Page 12985]]
examined at the Clerk's Office, United States District Court for the
Northern District of Ohio, 2 South Main Street, Akron, Ohio 44308. In
addition, the proposed Consent Decree may be examined electronically at
https://www.justice.gov/enrd/consent-decrees.
Cherie Rogers,
Assistant Section Chief, Environmental Defense Section, Environment and
Natural Resources Division.
[FR Doc. 2022-04850 Filed 3-7-22; 8:45 am]
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