81 FR 6049 - Notice of Lodging of Proposed Partial Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 23 (February 4, 2016)

Page Range		6049-6050
FR Document		2016-02068

Federal Register, Volume 81 Issue 23 (Thursday, February 4, 2016)

[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6049-6050]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02068]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Partial Consent Decree Under the 
Clean Water Act

    On January 28, 2016, the Department of Justice lodged a proposed 
Partial Consent Decree with the United States District Court for the 
Northern District of Mississippi in the lawsuit entitled United States 
and the State of Mississippi v. City of Greenville, Mississippi, Civil 
Action No. 4:16-cv-00018-DMB-JMV.
    The United States and the State of Mississippi filed this lawsuit 
under the Clean Water Act and the Mississippi Air and Water Pollution 
Control Law. The complaint seeks injunctive relief and civil penalties 
for violations in connection with the City's sanitary sewer system. The 
City has grouped mini-systems within the sewer system into three 
different groups and prioritized Sewer Group 1 and Sewer Group 2 for 
sewer assessment and rehabilitation work. The Partial Consent Decree 
provides for the City to conduct early action projects; capacity, 
management, operations, and maintenance program; and assessment and 
rehabilitation of Sewer Groups 1 and 2. The partial settlement will not 
resolve the claims for civil penalties or for injunctive relief related 
to Sewer Group 3, as those will be the topics of future negotiation 
among the parties.
    The publication of this notice opens a period for public comment on 
the Partial Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and the State of Mississippi v. City 
of Greenville, Mississippi, D.J. Ref. No. 90-5-1-1-10932. 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 Partial Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Partial Consent Decree upon written

[[Page 6050]]

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 $60.50 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the appendices, the cost is $14.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-02068 Filed 2-3-16; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Notices 6049

This rule derives from the text of two citations omitted). ‘‘Rather, DEPARTMENT OF JUSTICE
provisions of the CSA. First, Congress Respondent’s challenge to the validity
defined ‘‘the term ‘practitioner’ [to] of the [New Mexico Board’s] Order must Notice of Lodging of Proposed Partial
mean[ ] a . . . physician . . . or other be litigated in the forums provided by Consent Decree Under the Clean Water
person licensed, registered or otherwise the State of [New Mexico], and his Act
permitted, by . . . the jurisdiction in contentions regarding the validity of the On January 28, 2016, the Department
which he practices . . . to distribute, [Board’s] order are not material to this of Justice lodged a proposed Partial
dispense, [or] administer . . . a Agency’s resolution of whether he is Consent Decree with the United States
controlled substance in the course of entitled to maintain his DEA registration District Court for the Northern District
professional practice.’’ 21 U.S.C. in’’ New Mexico. Id. of Mississippi in the lawsuit entitled
802(21). Second, in setting the Because it is undisputed that
United States and the State of
requirements for obtaining a Respondent’s New Mexico medical
practitioner’s registration, Congress Mississippi v. City of Greenville,
license remains suspended, I find that
directed that ‘‘[t]he Attorney General Mississippi, Civil Action No. 4:16–cv–
he no longer has authority under the
shall register practitioners . . . if the 00018–DMB–JMV.
laws of New Mexico, the State in which
The United States and the State of
applicant is authorized to dispense . . . he is registered, to dispense controlled
Mississippi filed this lawsuit under the
controlled substances under the laws of substances. Therefore, he is not entitled
Clean Water Act and the Mississippi Air
the State in which he practices.’’ 21 to maintain his DEA registration. See 21
U.S.C. 823(f). Because Congress has and Water Pollution Control Law. The
U.S.C. 802(21), 823(f), 824(a)(3).
clearly mandated that a practitioner complaint seeks injunctive relief and
Accordingly, I will order that his
possess state authority in order to be civil penalties for violations in
registration be revoked and that any
deemed a practitioner under the Act, connection with the City’s sanitary
pending application to renew or modify
DEA has held repeatedly that revocation sewer system. The City has grouped
his registration be denied.6
of a practitioner’s registration is the mini-systems within the sewer system
appropriate sanction whenever he is no Order into three different groups and
longer authorized to dispense controlled Pursuant to the authority vested in me prioritized Sewer Group 1 and Sewer
substances under the laws of the State by 21 U.S.C. 823(f) and 824(a), as well Group 2 for sewer assessment and
in which he practices medicine. See, as 28 CFR 0.100(b), I order that DEA rehabilitation work. The Partial Consent
e.g., Calvin Ramsey, 76 FR 20034, 20036 Certificate of Registration AB5662552, Decree provides for the City to conduct
(2011); Sheran Arden Yeates, M.D., 71 issued to Kenneth Harold Bull, M.D., be, early action projects; capacity,
FR 39130, 39131 (2006); Dominick A. and it hereby is, revoked. I further order management, operations, and
Ricci, 58 FR 51104, 51105 (1993); Bobby that any application of Kenneth Harold maintenance program; and assessment
Watts, 53 FR 11919, 11920 (1988). Bull, M.D., to renew or modify his and rehabilitation of Sewer Groups 1
Thus, the Agency has held that registration, be, and it hereby is, denied. and 2. The partial settlement will not
revocation is warranted even where, as This Order is effective immediately.7 resolve the claims for civil penalties or
here, the state board has suspended (as for injunctive relief related to Sewer
Dated: January 18, 2016. Group 3, as those will be the topics of
opposed to revoked) a practitioner’s
Chuck Rosenberg, future negotiation among the parties.
dispensing authority and that authority
may be restored at some point in the Acting Administrator. The publication of this notice opens
future through further proceedings. See [FR Doc. 2016–02129 Filed 2–3–16; 8:45 am] a period for public comment on the
Ramsey 76 FR at 20036 (citations BILLING CODE 4410–09–P Partial Consent Decree. Comments
omitted). As the Agency has held, the should be addressed to the Assistant
controlling question is not whether a 6 While Respondent also asked that I delay the Attorney General, Environment and
practitioner’s license to practice resolution of this matter, ‘‘in circumstances similar Natural Resources Division, and should
to those raised by Respondent, DEA has repeatedly refer to United States and the State of
medicine in the state is suspended or denied requests to stay the issuance of a final order
revoked; rather, it is whether the of revocation, noting that [u]nder the Controlled Mississippi v. City of Greenville,
Respondent is currently authorized to Substances Act, a practitioner must be currently Mississippi, D.J. Ref. No. 90–5–1–1–
handle controlled substances in the authorized to handle controlled substances in the 10932. All comments must be submitted
jurisdiction in which [he] practices in order to no later than thirty (30) days after the
state. James L. Hooper, 76 FR 71371 maintain [his] DEA registration.’’ Gregory F. Saric,
(2011) (collecting cases), pet. for rev. 76 FR 16821, 16822 (2011) (internal quotations and publication date of this notice.
denied, Hooper v. Holder, 481 Fed. citations omitted). Of further note, Respondent’s Comments may be submitted either by
Appx. 826 (4th Cir. 2012). state medical license was suspended more than 18 email or by mail:
Respondent further argues that I months ago, and yet his license still remains
suspended.
should consider that the Medical To submit
Finally, while Respondent asserts that New Send them to:
Board’s case ‘‘rested entirely on comments:
Mexico is a medically underserved area, in the case
unsworn hearsay evidence in the form of individual practitioners, DEA has held that
By email ....... pubcomment-ees.enrd@
of’’ the CPEP Report and that his expert community impact evidence is irrelevant in the
public interest determination as it is in a usdoj.gov.
witness ‘‘disagreed with’’ the Board’s proceeding based on a loss of state authority. See By mail ......... Assistant Attorney General,
conclusion that he should undergo a Linda Sue Cheek, 76 FR 66972, 66972 (2011); U.S. DOJ—ENRD, P.O.
‘‘residency-type program to continue Gregory Owens, 74 FR 36751, 36757 (2009). So too, Box 7611, Washington, DC
practicing. GX 8, at 2. This argument is Respondent’s statement regarding his acceptance of
asabaliauskas on DSK5VPTVN1PROD with NOTICES

20044–7611.
responsibility is not a defense to a revocation based
simply a collateral attack on the State on the loss of state authority, because the CSA
Board proceeding. The Agency has held, mandate that a practitioner possess such authority During the public comment period,
however, ‘‘that a registrant cannot to obtain and maintain a DEA registration. the Partial Consent Decree may be
collaterally attack the result of a state 7 Based on the findings of fact and conclusions of examined and downloaded at this
criminal or administrative proceeding in law which led the NMMB to immediately suspend Justice Department Web site: http://
Registrant’s license until he successfully completes
a proceeding under section 304, 21 Board approved re-training,’’ GX 4, at 1; I conclude
www.justice.gov/enrd/consent-decrees.
U.S.C. 824, of the CSA.’’ Muzaffer that the public interest requires that this Order be We will provide a paper copy of the
Aslan, 77 FR 37068, 37069 (2012) (other effective immediately. See 21 CFR 1316.67. Partial Consent Decree upon written

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6050 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Notices

request and payment of reproduction —Evaluate whether the proposed others interested in criminal justices
costs. Please mail your request and collection of information is necessary statistics.
payment to: Consent Decree Library, for the proper performance of the (5) An estimate of the total number of
U.S. DOJ—ENRD, P.O. Box 7611, functions of the Bureau of Justice respondents and the amount of time
Washington, DC 20044–7611. Statistics, including whether the estimated for an average respondent to
Please enclose a check or money order information will have practical utility; respond: An estimate of the total
for $60.50 (25 cents per page —Evaluate the accuracy of the agency’s number of respondents is 111,960.
reproduction cost) payable to the United estimate of the burden of the About 98.5% (110,280) will have no
States Treasury. For a paper copy proposed collection of information, stalking victimization and will complete
without the appendices, the cost is $14. including the validity of the the short interview with an average
methodology and assumptions used; burden of four (4) minutes. Among the
Henry S. Friedman,
—Evalute whether and if so how the 1.5% of respondents (1,679) who
Assistant Section Chief, Environmental experience stalking victimization, the
Enforcement Section, Environment and
quality, utility, and clarity of the
Natural Resources Division. information to be collected can be time to ask the detailed questions
enchanced; and regarding the aspects of their stalking
[FR Doc. 2016–02068 Filed 2–3–16; 8:45 am]
—Minimize the burden of the collection victimization is estimated to take an
BILLING CODE 4410–15–P
of information on those who are to average of 8.25 minutes. Respondents
respond, including through the use of will be asked to respond to this survey
appropriate automated, electronic, only once during the six month period.
DEPARTMENT OF JUSTICE
mechanical, or other technological The burden estimates are based on data
[OMB Number 1121–0302] collection techniques or other forms from the prior administration of the
of information technology, e.g., SVS.
Agency Information Collection permitting electronic submission of (6) An estimate of the total public
Activities; Proposed eCollection responses. burden (in hours) associated with the
eComments Requested; collection: There are an estimated 7,583
Reinstatement, With Change, of a Overview of This Information total burden hours associated with this
Previously Approved Collection for Collection collection.
Which Approval has Expired: 2016 (1) Type of Information Collection: If additional information is required
Supplemental Victimization Survey Reinstatement of the Supplemental contact: Jerri Murray, Department
(SVS) Victimization Survey (SVS), with Clearance Officer, United States
change, to a previously approved Department of Justice, Justice
AGENCY: Bureau of Justice Statistics, collection for which approval has Management Division, Policy and
Department of Justice. expired. Planning Staff, Two Constitution
ACTION: 60-day notice. (2) The Title of the Form/Collection: Square, 145 N Street NE., 3E.405B,
2016 Supplemental Victimization Washington, DC 20530.
SUMMARY: The Department of Justice
Survey (SVS) Dated: February 1, 2016.
(DOJ), Office of Justice Programs,
Bureau of Justice Statistics, will be (3) The agency form number, if any, Jerri Murray,
submitting the following information and the applicable component of the Department Clearance Officer for PRA, U.S.
collection request to the Office of Department sponsoring the collection: Department of Justice.
Management and Budget (OMB) for The form number for the questionnaire [FR Doc. 2016–02125 Filed 2–3–16; 8:45 am]
review and approval in accordance with is SVS–1. The applicable component BILLING CODE 4410–18–P
the Paperwork Reduction Act of 1995. within the Department of Justice is the
Bureau of Justice Statistics, in the Office
DATES: Comments are encouraged and of Justice Programs.
will be accepted for 60 days until April DEPARTMENT OF LABOR
(4) Affected public who will be asked
4, 2016. or required to respond, as well as a brief Occupational Safety and Health
FOR FURTHER INFORMATION CONTACT: If abstract: Respondents will be persons Administration
you have additional comments 16 years or older living in households
especially on the estimated public located throughout the United States [Docket No. OSHA–2016–0002]
burden or associated response time, sampled for the National Crime
suggestions, or need a copy of the Federal Advisory Council on
Victimization Survey (NCVS). The SVS Occupational Safety and Health
proposed information collection will be conducted as a supplement to
instrument with instructions or (FACOSH)
the NCVS in all sample households for
additional information, please contact a six (6) month period. The SVS is AGENCY: Occupational Safety and Health
Jennifer Truman or Rachel Morgan, primarily an effort to measure the Administration (OSHA), Labor.
Statisticians, Bureau of Justice Statistics, prevalence of stalking victimization ACTION: Announcement of FACOSH
810 Seventh Street NW., Washington, among persons, the types of stalking meeting.
DC 20531 (email: Jennifer.Truman@ victimization experienced, the
usdoj.gov; telephone: 202–514–5083; characteristics of stalking victims, the SUMMARY: The Federal Advisory Council
email: Rachel.Morgan@usdoj.gov; nature and consequences of stalking on Occupational Safety and Health
asabaliauskas on DSK5VPTVN1PROD with NOTICES

telephone: 202–616–1707). victimization, and patterns of reporting (FACOSH) will meet Thursday,
SUPPLEMENTARY INFORMATION: Written to the police. BJS plans to publish this February 18, 2016, in Washington, DC.
comments and suggestions from the information in reports and reference it DATES: FACOSH meeting: FACOSH will
public and affected agencies concerning when responding to queries from the meet from 1 to 4:30 p.m., Thursday,
the proposed collection of information U.S. Congress, Executive Office of the February 18, 2016.
are encouraged. Your comments should President, the U.S. Supreme Court, state Submission of comments, requests to
address one or more of the following officials, international organizations, speak, speaker presentations, and
four points: researchers, students, the media, and requests for special accommodations:

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Document Created: 2016-02-04 00:31:17
Document Modified: 2016-02-04 00:31:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 6049