82_FR_26626 82 FR 26518 - Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

82 FR 26518 - Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range26518-26519
FR Document2017-11783

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017) 
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26518-26519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11783]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Oil 
Pollution Act

    On June 1, 2017, the Department of Justice lodged a proposed 
Consent Decree (``Consent Decree'') with the United States District 
Court for the District of Puerto Rico in the lawsuit entitled United 
States and Commonwealth of Puerto Rico v. Port Stewart GmbH&Co. Kg of 
Germany, Civil Action No. 3:17-cv-01742.
    In a Complaint, the United States, on behalf of the Department of 
Commerce, National Oceanic and Atmospheric Association (``NOAA''), and 
the Commonwealth of Puerto Rico, on behalf of the Puerto Rico 
Department of Natural and Environmental Resources (``DNER''), seek to 
recover damages for the injury to, destruction of, loss of, or loss of 
use of natural resources under the Oil Pollution Act, 33 U.S.C. 2701, 
et seq. The Complaint alleges that on October 27, 2009, Port Stewart 
GmbH&Co. Kg of Germany (the ``Defendant''), caused damage to a coral 
reef habitat on the southeast side of Puerto Rico near the entrance to 
Yabucoa Channel in the Caribbean Sea due to the grounding of the T/V 
Port Stewart, an oil tanker that it owned and operated. The proposed 
Consent Decree in this case requires that Defendant pay a total of 
$550,000 for the damage, which includes $412,000 to restore injured 
coral reefs in the area, and $128,000 in reimbursement of NOAA costs 
and $10,000 in reimbursement of DNER costs in assessing the damage.
    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 and Commonwealth of Puerto Rico v. 
Port Stewart GmbH&Co. Kg of Germany, D.J. Ref. No. 90-5-1-1-11557. 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 proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: 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 $5.50 (25 cents per page

[[Page 26519]]

reproduction cost), payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment & 
Natural Resources Division.
[FR Doc. 2017-11783 Filed 6-6-17; 8:45 am]
BILLING CODE 4410-15-P

26518 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices does not expire until October 31, 2018. prevail on his appeal to Illinois Cook Stewart GmbH&Co. Kg of Germany, Id. County Circuit Court.3 What is Civil Action No. 3:17–cv–01742. dispositive is the fact that Respondent is In a Complaint, the United States, on Discussion behalf of the Department of Commerce, not currently authorized to dispense Pursuant to 21 U.S.C. 824(a)(3), the controlled substances in the State in National Oceanic and Atmospheric Attorney General is authorized to which he is registered. Association (‘‘NOAA’’), and the suspend or revoke a registration issued Here, there is no dispute over the Commonwealth of Puerto Rico, on under section 823 of the CSA, ‘‘upon a material fact that Respondent is no behalf of the Puerto Rico Department of finding that the registrant . . . has had longer currently authorized to dispense Natural and Environmental Resources his State license . . . suspended [or] controlled substances in Illinois, the (‘‘DNER’’), seek to recover damages for revoked . . . by competent State State in which he is registered. the injury to, destruction of, loss of, or authority and is no longer authorized by Accordingly, he is not entitled to loss of use of natural resources under State law to engage in the . . . maintain his registration. I will therefore the Oil Pollution Act, 33 U.S.C. 2701, et dispensing of controlled substances.’’ adopt the CALJ’s recommendation that seq. The Complaint alleges that on Also, DEA has long held that the I revoke Respondent’s registration and October 27, 2009, Port Stewart possession of authority to dispense deny any pending applications to renew GmbH&Co. Kg of Germany (the controlled substances under the laws of or modify his registration. R.D. at 7. ‘‘Defendant’’), caused damage to a coral the State in which a practitioner engages reef habitat on the southeast side of in professional practice is a Order Puerto Rico near the entrance to fundamental condition for obtaining Pursuant to the authority vested in me Yabucoa Channel in the Caribbean Sea and maintaining a practitioner’s by 21 U.S.C. 824(a)(3) and 28 CFR due to the grounding of the T/V Port registration. See, e.g., James L. Hooper, 0.100(b), I order that DEA Certificate of Stewart, an oil tanker that it owned and 76 FR 71371 (2011), pet. for rev. denied, Registration No. FN5571864 be, and it operated. The proposed Consent Decree 481 Fed. Appx. 826 (4th Cir. 2012); see hereby is, revoked. Pursuant to the in this case requires that Defendant pay also Frederick Marsh Blanton, 43 FR authority vested in me by 21 U.S.C. a total of $550,000 for the damage, 27616 (1978) (‘‘State authorization to 823(f), I order that any applications to which includes $412,000 to restore dispense or otherwise handle controlled renew or modify the above registration injured coral reefs in the area, and substances is a prerequisite to the be, and they hereby are, denied. This $128,000 in reimbursement of NOAA issuance and maintenance of a Federal Order is effective immediately.4 costs and $10,000 in reimbursement of controlled substances registration.’’). DNER costs in assessing the damage. Dated: May 30, 2017. This rule derives from the text of two The publication of this notice opens provisions of the CSA. First, Congress Chuck Rosenberg, a period for public comment on the defined ‘‘the term ‘practitioner’ [to] Acting Administrator. proposed Consent Decree. Comments mean[] a . . . physician . . . or other [FR Doc. 2017–11797 Filed 6–6–17; 8:45 am] should be addressed to the Assistant person licensed, registered or otherwise BILLING CODE 4410–09–P Attorney General, Environment and permitted, by . . . the jurisdiction in Natural Resources Division, and should which he practices . . . to distribute, refer to United States and dispense, [or] administer . . . a DEPARTMENT OF JUSTICE Commonwealth of Puerto Rico v. Port controlled substance in the course of Stewart GmbH&Co. Kg of Germany, D.J. professional practice.’’ 21 U.S.C. Notice of Lodging of Proposed Ref. No. 90–5–1–1–11557. All 802(21). Second, in setting the Consent Decree Under the Oil comments must be submitted no later requirements for obtaining a Pollution Act than thirty (30) days after the practitioner’s registration, Congress On June 1, 2017, the Department of publication date of this notice. directed that ‘‘[t]he Attorney General Justice lodged a proposed Consent Comments may be submitted either by shall register practitioners . . . if the Decree (‘‘Consent Decree’’) with the email or by mail: applicant is authorized to dispense . . . United States District Court for the controlled substances under the laws of District of Puerto Rico in the lawsuit To submit Send them to: the State in which he practices.’’ 21 entitled United States and comments: U.S.C. 823(f). Commonwealth of Puerto Rico v. Port Moreover, because ‘‘the controlling By email ....... pubcomment-ees.enrd@ usdoj.gov. question’’ in a proceeding brought 3 Similarly, and contrary to Respondent’s claim, By mail ......... Assistant Attorney General, under 21 U.S.C. 824(a)(3) is whether the Due Process does not require the CALJ to delay U.S. DOJ—ENRD, P.O. holder of a DEA registration ‘‘is summary disposition of the case until his motion Box 7611, Washington, DC currently authorized to handle to stay pending before the Illinois Circuit Court had been decided. Resp. Reply at 3–4. Rather, Due 20044–7611. controlled substances in the [S]tate,’’ Process required the CALJ to provide Respondent Hooper, 76 FR at 71371 (quoting Anne the opportunity to respond to the Order to Show During the public comment period, Lazar Thorn, 62 FR 12847, 12848 Cause and the Government’s Request for Summary the proposed Consent Decree may be (1997)), the Agency has also long held Disposition. The CALJ did provide Respondent examined and downloaded at this such an opportunity, and the Respondent did so that revocation is warranted even where respond. Respondent provided no authority for the Justice Department Web site: https:// a practitioner has lost his state authority notion that the CALJ violated Respondent’s right to www.justice.gov/enrd/consent-decrees. by virtue of the State’s use of summary Due Process by, in fact, providing Respondent an We will provide a paper copy of the process and the State has yet to provide ‘‘opportunity to be heard’’ instead of delaying such sradovich on DSK3GMQ082PROD with NOTICES proposed Consent Decree upon written opportunity. Respondent’s claim that the CALJ a hearing to challenge the suspension. should have delayed his recommended decision is request and payment of reproduction Bourne Pharmacy, 72 FR 18273, 18274 particularly unavailing where, as here, there are no costs. Please mail your request and (2007); Wingfield Drugs, 52 FR 27070, controlling facts in dispute. payment to: Consent Decree Library, 4 For the same reasons which led the IDFPR to 27071 (1987). Thus, it is of no U.S. DOJ—ENRD, P.O. Box 7611, order the indefinite suspension of Respondent’s consequence that the IDFPR has medical license, I conclude that the public interest Washington, DC 20044–7611. indefinitely suspended Respondent’s necessitates that this Order be effective Please enclose a check or money order state license and that Respondent may immediately. 21 CFR 1316.67. for $5.50 (25 cents per page VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1

Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices 26519 reproduction cost), payable to the and testing technologies for mobility at 11545 Rockville Pike, Room T–2B1, United States Treasury. devices to perform in these different Rockville, Maryland 20852. environments, and it will provide The meeting will be open to public Robert E. Maher, Jr., attendance with the exception of valuable experiences that engage Assistant Chief, Environmental Enforcement students in the technologies and portions that may be closed to protect Section, Environment & Natural Resources information that is proprietary pursuant Division. concepts that will be needed in future exploration missions. NASA collects the to 5 U.S.C. 552b(c)(4). The agenda for [FR Doc. 2017–11783 Filed 6–6–17; 8:45 am] minimum information necessary from the subject meeting shall be as follows: BILLING CODE 4410–15–P teams, participants, and volunteers to Monday, June 19, 2017—8:30 a.m. Until plan and conduct the event. 5:15 p.m. NATIONAL AERONAUTICS AND II. Method of Collection The Subcommittee will review and SPACE ADMINISTRATION Electronic. comment on Chapters 1, 2, 4, and 5 of the NWMI Construction Permit [17–033] III. Data Application Preliminary Safety Analysis Notice of Information Collection Title: NASA Human Exploration Report for a Radioisotope Production Rover Challenge. Facility, and the associated NRC Safety AGENCY: National Aeronautics and OMB Number: 2700–0157. Evaluation Reports. Space Administration (NASA). Type of Review: Extension, with The Subcommittee will hear ACTION: Notice of information collection change, of a currently approved presentations by and hold discussions renewal, with change. information collection. with the NRC staff and other interested Affected Public: Individuals. persons regarding this matter. The SUMMARY: The National Aeronautics and Estimated Number of Respondents: Subcommittee will gather information, Space Administration, as part of its 960. analyze relevant issues and facts, and continuing effort to reduce paperwork Estimated Total Annual Burden formulate proposed positions and and respondent burden, invites the Hours: 78. actions, as appropriate, for deliberation general public and other Federal Estimated Total Annual Cost: by the Full Committee. agencies to take this opportunity to $7,425.00. Members of the public desiring to comment on proposed and/or IV. Request for Comments provide oral statements and/or written continuing information collections, as comments should notify the Designated Comments are invited on: (1) Whether Federal Official (DFO), Kathy Weaver required by the Paperwork Reduction the proposed collection of information (Telephone 301–415–6236 or Email: Act of 1995. is necessary for the proper performance Kathy.Weaver@nrc.gov) five days prior DATES: All comments should be of the functions of NASA, including submitted within 30 calendar days from to the meeting, if possible, so that whether the information collected has appropriate arrangements can be made. the date of this publication. practical utility; (2) the accuracy of Thirty-five hard copies of each ADDRESSES: Interested persons are NASA’s estimate of the burden presentation or handout should be invited to submit written comments (including hours and cost) of the provided to the DFO thirty minutes regarding the proposed information proposed collection of information; (3) before the meeting. In addition, one collection to the Office of Information ways to enhance the quality, utility, and electronic copy of each presentation and Regulatory Affairs, Office of clarity of the information to be should be emailed to the DFO one day Management and Budget, 725 7th Street collected; and (4) ways to minimize the before the meeting. If an electronic copy NW., Washington, DC 20543. Attention: burden of the collection of information cannot be provided within this Desk Officer for NASA. on respondents, including automated timeframe, presenters should provide FOR FURTHER INFORMATION CONTACT: collection techniques or the use of other the DFO with a CD containing each Requests for additional information or forms of information technology. presentation at least thirty minutes copies of the information collection Comments submitted in response to before the meeting. Electronic instrument(s) and instructions should this notice will be summarized and recordings will be permitted only be directed to Frances Teel, NASA PRA included in the request for OMB during those portions of the meeting Officer, NASA Headquarters, 300 E approval of this information collection. that are open to the public. Detailed Street SW., JF0000, Washington, DC They will also become a matter of procedures for the conduct of and 20546, (202) 358–2225. public record. participation in ACRS meetings were SUPPLEMENTARY INFORMATION: Frances Teel, published in the Federal Register on NASA PRA Clearance Officer. October 17, 2016, (81 FR 71543). I. Abstract Detailed meeting agendas and meeting [FR Doc. 2017–11775 Filed 6–6–17; 8:45 am] The National Aeronautics and Space transcripts are available on the NRC BILLING CODE 7510–13–P Administration seeks to collect Web site at http://www.nrc.gov/reading- information from members of the public rm/doc-collections/acrs. Information to plan, conduct, and register regarding topics to be discussed, participants and volunteers for the NUCLEAR REGULATORY changes to the agenda, whether the NASA Human Exploration Rover COMMISSION meeting has been canceled or Challenge, which supports science, rescheduled, and the time allotted to sradovich on DSK3GMQ082PROD with NOTICES Advisory Committee on Reactor technology, engineering, or mathematics present oral statements can be obtained Safeguards (ACRS); Meeting of the (STEM) education. This engineering from the Web site cited above or by ACRS Subcommittee on Northwest design challenge focuses on NASA’s contacting the identified DFO. Medical Isotopes; Notice of Meeting current plans to explore planets, moons, Moreover, in view of the possibility that asteroids, and comets—all members of The ACRS Subcommittee on the schedule for ACRS meetings may be the solar system family. The challenge Northwest Medical Isotopes (NWMI) adjusted by the Chairman as necessary will focus on designing, constructing will hold a meeting on June 19, 2017, to facilitate the conduct of the meeting, VerDate Sep<11>2014 16:37 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM 07JNN1


Document Created: 2017-06-07 02:01:16
Document Modified: 2017-06-07 02:01:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 26518 
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