Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 39463 

meeting at: http://www.uscourts.gov/ 

rules-policies/records-and-archivesrules-committees/agenda-books. 

DATES: October 26, 2018. 

TIME: 9:00 a.m. to 5:00 p.m. 

ADDRESSES: Thurgood Marshall Federal 

Judiciary Building, Mecham Conference 

Center, Administrative Office of the 

United States Courts, One Columbus 

Circle NE, Washington, DC 20544. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Womeldorf, Rules 

Committee Secretary, Rules Committee 

Staff, Administrative Office of the 

United States Courts, Washington, DC 

20544, telephone (202) 502–1820. 

Dated: August 6, 2018. 

Rebecca A. Womeldorf, 

Rules Committee Secretary. 

[FR Doc. 2018–17090 Filed 8–8–18; 8:45 am] 

BILLING CODE 2210–55–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committees on the Federal 

Rules of Appellate, Bankruptcy, and 

Civil Procedure, and the Federal Rules 

of Evidence; Hearings on Proposed 

Amendments to the Appellate, 

Bankruptcy, Civil, and Evidence Rules 

AGENCY: Advisory Committees on the 

Federal Rules of Appellate, Bankruptcy, 

and Civil Procedure, and the Federal 

Rules of Evidence, Judicial Conference 

of the United States. 

ACTION: Notice of proposed amendments 

and open hearings. 

SUMMARY: The Advisory Committees on 

Appellate, Bankruptcy, Civil, and 

Evidence Rules have proposed 

amendments to the following rules: 

Appellate Rules: 35, 40. 

Bankruptcy Rules: 2002, 2004, 8012. 

Civil Rule: 30. 

Evidence Rule: 404. 

The text of the proposed rules and the 

accompanying committee notes are 

posted on the Judiciary’s website at: 

http://www.uscourts.gov/rules-policies/ 

proposed-amendments-publishedpublic-comment. 

All written comments and suggestions 

with respect to the proposed 

amendments may be submitted on or 

after the opening of the period for 

public comment on August 15, 2018, 

but no later than February 15, 2019. 

Written comments must be submitted 

electronically, following the 

instructions provided on the website. 

All comments submitted will be posted 

on the website and available to the 

public. 

Public hearings are scheduled on the 

proposed amendments as follows: 

• Appellate Rules in Washington, DC, 

on October 26, 2018, and in Phoenix, 

Arizona, on January 4, 2019; 

• Bankruptcy Rules in Washington, 

DC, on January 10, 2019, and in Kansas 

City, Missouri, on January 26, 2019; 

• Civil Rules in Phoenix, Arizona, on 

January 4, 2019, and in Washington, DC, 

on February 8, 2019; and 

• Evidence Rules in Phoenix, 

Arizona, on January 4, 2019, and in 

Washington, DC, on January 18, 2019. 

Those wishing to testify must contact 

the Secretary of the Committee on Rules 

of Practice and Procedure by email at: 

RulesCommittee_Secretary@

ao.uscourts.gov, at least 30 days before 

the hearing. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Womeldorf, Secretary, 

Committee on Rules of Practice and 

Procedure of the Judicial Conference of 

the United States, Thurgood Marshall 

Federal Judiciary Building, One 

Columbus Circle NE, Suite 7–240, 

Washington, DC 20544, Telephone (202) 

502–1820. 

Dated: August 6, 2018. 

Rebecca A. Womeldorf, 

Secretary, Committee on Rules of Practice 

and Procedure, Judicial Conference of the 

United States. 

[FR Doc. 2018–17092 Filed 8–8–18; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Air 

Act 

On August 3, 2018, 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, 

State of Indiana, and the Oklahoma 

Department of Environmental Quality v. 

Anchor Glass Container Corporations, 

Inc., Civil Action No. 3:18–cv–943–J– 

39MCR. 

In this action, the United States, the 

State of Indiana, and the Oklahoma 

Department of Environmental Quality 

filed a complaint pursuant to Section 

113(b) of the Clean Air Act (CAA), 42 

U.S.C. 7413, and relevant corollary and 

implementing state regulations and 

programs, seeking injunctive relief and 

civil penalties for alleged violations of 

these laws at Anchor Glass Container 

Corporations, Inc.’s glass manufacturing 

facilities. Anchor’s facilities are located 

in Jacksonville, Florida; Warner Robins, 

Georgia; Elmira, New York; 

Lawrenceburg, Indiana; Shakopee, 

Minnesota; and Henryetta, Oklahoma. 

The proposed settlement requires 

Anchor to implement pollution controls 

to reduce its nitrogen oxide (NOX

emissions at nine of its eleven furnaces 

(two furnaces already have pollution 

controls installed), and the company 

will meet more stringent NOX emissions 

limits at all of its furnaces. Anchor will 

also implement pollution controls and 

take other actions to reduce sulfur 

dioxide (SO2 and particulate matter 

(PM) emissions. The settlement also 

requires Anchor to install and operate 

continuous emissions monitors for NOX

and SO2 at all eleven of its glass 

furnaces and to install continuous 

opacity monitors required by the Clean 

Air Act. Additionally, Anchor will 

complete two mitigation projects, a 

woodburning appliance change-out 

project and a project to repower, retrofit, 

or replace vehicle diesel engines, further 

reducing NOX, SO2, and PM emissions. 

Also as part of the settlement, Anchor 

will pay a $1.1 million civil penalty 

($550,000 to the United States and 

$275,000 each to the States of Indiana 

and Oklahoma). 

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, State of Indiana, 

and the Oklahoma Department of 

Environmental Quality v. Anchor Glass 

Container Corporations, Inc., Civil 

Action No. 3:18–cv–943–J–39MCR, D.J. 

Ref. No. 90–5–2–1–10406. 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. 

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 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 $26.75 (25 cents per page 


sradovich on DSK3GMQ082PROD with NOTICES
39464 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 

1 12 CFR 367.1(c). 2 44 U.S.C. 3507(d). 

reproduction cost) payable to the United 

States Treasury. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2018–17023 Filed 8–8–18; 8:45 am] 

BILLING CODE 4410–15–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

RIN 3133–AE85 

NCUA Suspension and Debarment 

Procedures 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final suspension and debarment 

procedures. 

SUMMARY: On March 15, 2018, the 

NCUA Board (Board) proposed new 

suspension and debarment procedures 

to protect the Federal Government’s 

interest in only doing business with 

presently responsible contractors. After 

consideration of public comments, this 

notice sets forth the NCUA’s final 

procedures for suspension and 

debarment and establishes 

administrative processes for contractors 

subject to the procedures. The final 

procedures will appear on the NCUA’s 

public website. 

DATES: These final procedures are 

applicable September 10, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Tuininga, Associate General 

Counsel for Administrative Law, Office 

of General Counsel, National Credit 

Union Administration, 1775 Duke 

Street, Alexandria, Virginia 22314–3428 

or telephone: (703) 518–6543. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Comments Received 

III. The Final Procedures 

IV. Regulatory Procedures 

I. Background 

On March 15, 2018, the NCUA Board 

(Board) proposed new suspension and 

debarment procedures as part of its 

efforts to modernize its procurement 

processes. These proposed procedures 

were intended to implement best 

practices in spending funds available to 

the NCUA, including those in the 

agency’s Operating Fund and the 

National Credit Union Share Insurance 

Fund. Although the NCUA is not 

required to follow government-wide 

acquisition laws and regulations, those 

laws and regulations have proven 

effective and include guidelines 

developed over years of seeking public 

comment on expenditure processes. 

Suspension and debarment remedies are 

now an important component of 

government procurement programs. 

After considering comments received, 

the Board has decided to adopt the 

procedures as proposed. 

II. Comments Received 

The Board received three comments 

on the proposal. Commenters included 

two national credit union trade 

associations and one regional trade 

association. All three commenters 

supported the proposal. One commenter 

suggested that the agency ‘‘consult with 

the [Office of the Inspector General] 

regarding whether such procedures 

would be of benefit to the NCUA Office 

of General Counsel.’’ 

The Board values these comments and 

believes it should adopt the procedures 

as proposed. Implementing these 

procedures in the near term ensures 

prompt compliance with the NCUA 

Inspector General’s recommendations. 

The Board is open to further 

recommendations of the Inspector 

General but, at this developing stage, 

declines to extend the final procedures 

to legal services agreements. Lawyers 

are subject to codes of professional 

responsibility related to their bar 

memberships, which already impose the 

highest standards of ethical conduct and 

include avenues for disciplinary action 

that can preclude further practice of 

law. This approach also aligns with the 

current practice of the Federal Deposit 

Insurance Corporation, which excludes 

law firms and lawyers from its 

contractor suspension and debarment 

procedures.1

III. The Final Procedures 

As discussed above, the Board has 

chosen to adopt the procedures as 

proposed. For a complete discussion of 

all eight sections of the procedures, 

please see the preamble to the proposed 

procedures at 83 FR 12318 (Mar 21, 

2018) or https://www.gpo.gov/fdsys/ 

pkg/FR-2018-03-21/pdf/2018-05626.pdf. 

The Board will post the final procedures 

on the NCUA website. 

IV. Regulatory Procedures 

A. Regulatory Flexibility Act 

For any final rule it adopts, the 

Regulatory Flexibility Act (RFA) 

requires the NCUA to prepare a final 

regulatory flexibility analysis that, 

among other things, describes the steps 

the agency has taken to minimize 

economic impact on small entities 

(currently defined by the NCUA as 

federally insured credit unions with 

under $100 million in assets), unless the 

NCUA certifies that the final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

As discussed in the proposal, the 

NCUA does not expect the final 

Suspension and Debarment Procedures 

would ever apply to a federally insured 

credit union. In addition, the NCUA 

does not expect that the Procedures 

would have a significant economic 

impact on any other small businesses, as 

defined in the RFA and as further 

established by the Office of Advocacy of 

the Small Business Administration. 

The final procedures closely follow 

the suspension and debarment 

procedures of the Federal Acquisition 

Regulation, which already applies to 

government contractors, without 

imposing any additional economic 

burden. To the extent of any variation 

from the Federal Acquisition 

Regulations, the final procedures 

contain no recordkeeping or substantive 

regulatory requirements, varying only in 

adjudication processes. The final 

procedures therefore will not have a 

significant economic impact on a 

substantial number of federally insured 

credit unions under $100 million in 

assets or on other small entities as 

defined by the Small Business 

Administration. Accordingly, the NCUA 

has determined and certifies that the 

final procedures will not have a 

significant economic impact on a 

substantial number of small entities. No 

final regulatory flexibility analysis is 

required. 

B. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) applies to rulemakings in which 

an agency creates a new paperwork 

burden on regulated entities or modifies 

an existing burden.2 For purposes of the 

PRA, a paperwork burden may take the 

form of either a reporting or a 

recordkeeping requirement, both 

referred to as information collections. 

The final procedures will not create any 

new paperwork burden that meets the 

definition of an information collection. 

Thus, the NCUA has determined that 

these final procedures do not increase 

the paperwork requirements under the 

PRA and regulations of the Office of 

Management and Budget. 

C. Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. The NCUA, an 

independent regulatory agency as 


sradovich on DSK3GMQ082PROD with NOTICES