[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14304-14305]
[FR Doc No: 2013-05062]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0777]

Adrian Vela: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring
Adrian Vela for a period of 5 years from importing articles of food or
offering such articles for importation into the United States. FDA
bases this order on a finding that Mr. Vela was convicted of three
felony counts under Federal law for conduct relating to the importation
into the United States of an article of food. Mr. Vela was given notice
of the proposed debarment and an opportunity to request a hearing
within the timeframe prescribed by regulation. As of November 3, 2012
(30 days after receipt of the notice), Mr. Vela had not responded. Mr.
Vela's failure to respond constitutes a waiver of his right to a
hearing concerning this action.

DATES: This order is effective March 5, 2013.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Rockville,
MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act, that the
individual has been convicted of a felony for conduct relating to the
importation into the United States of any food.
    On November 21, 2011, Mr. Vela was convicted, as defined in section
306(l)(1)(B) of the FD&C Act, when the U.S. District Court for the
Southern District of Florida accepted his plea of guilty and entered
judgment against him for the following offenses: One count of
conspiracy to falsely label and misbrand food, in violation of 18
U.S.C. 371; one count of false labeling of seafood under the Lacey Act,
in violation of 16 U.S.C. 3372(d)(2); and one count of misbranding food
in violation of 21 U.S.C. 331(a).
    FDA's finding that debarment is appropriate is based on the felony
convictions referenced herein for conduct relating to the importation
into the United States of any food. The factual basis for these
convictions is as follows: As alleged in the criminal information filed
against Mr. Vela, he was the operating manager and sole shareholder of
Sea Food Center, a seafood wholesaler engaged in various aspects of
purchasing, importing, processing, packing, selling, and exporting
seafood products.
    Beginning on or about June 30, 2008, and continuing through on or
about June 29, 2009, he knowingly combined, conspired, confederated,
and agreed with his co-conspirators to commit an offense against the
laws of the United States related to the importation of food. The
purpose of the conspiracy was for Mr. Vela and his co-conspirators to
unlawfully enrich themselves by

introducing what the criminal information describes as a less
marketable substituted seafood product into the U.S. seafood market.
Those products--``Shrimp, Product of Thailand,'' ``Shrimp, Product of
Malaysia,'' and ``Shrimp, Product of Indonesia''--were misbranded,
marketed, and intended to be marketed as ``Shrimp, Product of Panama,''
a seafood product that the criminal information describes as more
readily marketable. Mr. Vela instructed employees at Sea Food Center's
Tampa facility to divide the shrimp received from Thailand, Malaysia,
and Indonesia into smaller portions, and mark them as ``Shrimp, product
of Panama,'' on the individual packages, and then place them in boxes,
also marked as ``Shrimp, product of Panama.'' Employees under the
direction of Mr. Vela's co-conspirator managed and directed the
labeling operations at Sea Food Center by providing instructions and
other directives to Mr. Vela. The relabeled shrimp were then sold to a
food wholesaler based in Keene, NH, which in turn sold the shrimp to a
supermarket chain headquartered in Landover, MD. This conduct was in
violation of 18 U.S.C. 371.
    On or about July 8, 2008, Mr. Vela knowingly engaged in an offense
that involved the sale and purchase of, the offer of sale and purchase
of, and the intent to sell and purchase shrimp, with a market value
greater than $350.00. He knowingly made and caused to be made
individual labels, pre-printed bags, and other documents falsely
identifying the shrimp as being ``Shrimp, Product of Panama,'' when in
fact the shrimp were ``Shrimp, Product of Thailand,'' ``Shrimp, Product
of Malaysia,'' and ``Shrimp, Product of Indonesia.'' This conduct was
in violation of 16 U.S.C. 3372(d)(2).
    On or about July 8, 2008, Mr. Vela engaged in an offense that
involved the introduction or delivery for introduction into interstate
commerce of a food that was misbranded, with the intent to defraud or
mislead, in that he created or caused to be created individual labels,
pre-printed bags, and other documents falsely identifying the shrimp.
This conduct was in violation of 21 U.S.C. 331(a).
    As a result of his conviction, on September 28, 2012, FDA sent Mr.
Vela a notice by certified mail proposing to debar him for a period of
5 years from importing articles of food or offering such articles for
import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the FD&C Act that Mr. Vela was convicted
of three felony counts under Federal law for conduct relating to the
importation into the United States of an article of food because he:
Conspired to and committed offenses related to the importation of
shrimp into the United States, falsely conveyed information about the
shrimp's country of origin; introduced or delivered for introduction
misbranded food into interstate commerce; and falsely labeled seafood
under the Lacey Act. The proposal was also based on a determination,
after consideration of the factors set forth in section 306(c)(3) of
the FD&C Act, that Mr. Vela should be subject to a 5-year period of
debarment. The proposal also offered Mr. Vela an opportunity to request
a hearing, providing him 30 days from the date of receipt of the letter
in which to file the request, and advised him that failure to request a
hearing constituted a waiver of the opportunity for a hearing and of
any contentions concerning this action. Mr. Vela failed to respond
within the timeframe prescribed by regulation and has, therefore,
waived his opportunity for a hearing and waived any contentions
concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Associate Commissioner for Regulatory Affairs,
Office of Regulatory Affairs, under section 306(b)(1)(C) of the FD&C
Act, and under authority delegated to the Associate Commissioner (Staff
Manual Guide 1410.21), finds that Mr. Adrian Vela has been convicted of
three felony counts under Federal law for conduct relating to the
importation of an article of food into the United States and that he is
subject to a 5-year period of debarment.
    As a result of the foregoing finding, Mr. Vela is debarred for a
period of 5 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Under section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Mr. Vela is
a prohibited act.
    Any application by Mr. Vela for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2012-N-0777 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 8, 2013.
Melinda K. Plaisier,
Acting Associate Commissioner for Regulatory Affairs, Office of
Regulatory Affairs.
[FR Doc. 2013-05062 Filed 3-4-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13258-13259]
[FR Doc No: 2014-05126]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 573, 577, and 579

[Docket No. NHTSA--2012-0068; Notice 4]
RIN 2127-AK72

Early Warning Reporting, Foreign Defect Reporting, and Motor
Vehicle and Equipment Recall Regulations

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of Availability of Technical Specifications for Vehicle
Identification Number (VIN) Look-up Interface.

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SUMMARY: On January 22, 2014, NHTSA held a public meeting to review and
discuss the technical specifications that vehicle manufacturers will
need in order to support the VIN-based safety recalls look-up tool that
will be housed on the NHTSA Web site www.safercar.gov. Numerous members
of the auto industry, as well as consumer advocacy groups, vehicle
history service providers, and others attended. This notice announces
the availability of the final technical specification for the VIN
interface.

DATES: March 10, 2014.

ADDRESSES: Previously submitted comments and petitions for
reconsideration can be found in the docket.
    For access to the docket to read background documents or comments
received, go to http://www.regulations.gov and follow the online
instructions for accessing the docket. You may also visit DOT's Docket
Management Facility, 1200 New Jersey Avenue SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001 for on-line access to
the docket.

FOR FURTHER INFORMATION CONTACT: Jennifer Timian, Chief, Recall
Management Division, National Highway Traffic Safety Administration,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On August 20, 2013, NHTSA published a final
rule requiring certain vehicle manufacturers to allow the secure
electronic transfer of manufacturer recall data to NHTSA when a
consumer submits VIN information to the agency's Web site for purposes
of learning vehicle recall information. See 78 FR 51382, 51401. This
requirement applies to manufacturers who manufacture 25,000 light
vehicles annually or 5,000 motorcycles annually. Further information
about the requirement to transfer recall data to NHTSA based upon a
consumer's VIN may be found in the August 20, 2013 final rule.
    In the final rule, NHTSA committed to hosting a public meeting to
discuss the technical specification that would facilitate the secure
transfer of recall information. That public meeting was held on January
22, 2014, and was attended by vehicle manufacturers, equipment
manufacturers, industry trade groups, safety advocates, vehicle history
report providers, and members of the public. NHTSA reviewed a VIN look-
up tool technical specification document it previously made available
to the public for discussion at the meeting, and attendees offered
their commentary and suggestions, asked questions, and sought
clarification on various points.
    Based on the information we received from the public meeting, as
well as our review of the specifications, we have adjusted the
technical specifications and are making available the final technical
specifications. We note that these technical specifications may change
to address problems, issues or difficulties that arise from time-to-
time during the operation of the VIN-look-up tool. In those situations,
the agency will provide notice of its remedies to covered manufacturers
through EWR and place the technical specifications on the agency's Web
site, www.safercar.gov.
    The following summarizes the public meeting:
    1. Several manufacturers voiced concern regarding server
maintenance scheduling and the technical specifications' instruction
for manufacturers to provide information about scheduled server
maintenance times to NHTSA. Manufacturers were concerned these set
times would not offer enough flexibility to properly maintain their
servers. Also, some manufacturers questioned how often their systems
were allowed to be off-line for maintenance. The original technical
specifications document did not specify how often a manufacturer's
servers must be available for VIN look-up searches.
    With the revised technical specifications we are announcing today,
we are discarding defined maintenance windows in favor of a
performance-based requirement. This new requirement is intended to
ensure manufacturers' servers are available to report recall results
with regularity and during time frames when U.S. users can be expected
to send inquiries through our Web site. We have devised a specific
error code to be used if and when a manufacturer's servers are unable
to accept a request so that we can monitor and track performance, and
that will also report out a message to the user that the search cannot
be completed at that time, and to try again at another time.
    2. Some manufacturers suggested that the technical specifications
contain optional fields to include their manufacturer-assigned recall
numbers and their contact information (such as toll-free numbers and
Web site information) for display on any recall results shown on
NHTSA's VIN look-up tool. NHTSA has amended its technical
specifications document to add optional data fields to support the
transfer of this information.
    3. Some manufacturers noted inconsistencies between the information
required to be provided on the manufacturer's Web site (or that of a
third party to whom consumers are redirected), See 49 CFR 573.15, and
NHTSA's VIN look-up tool. We have updated the technical specifications
to ensure consistency between the two notification systems.
    4. Also discussed were the measures for ensuring the secure
transfer of information between a manufacturer and the agency.
Consistent with the final rule, the technical specifications required
use of SSL and unique API keys to ensure VIN requests and responses are
encrypted adequately. Use of SSL and unique API keys is consistent with
standard security practices. As noted in the earlier technical
specifications, NHTSA will also validate VIN requests by requiring a
CAPTCHA, or similar user validation, before contacting manufacturer
servers for VIN results.
    Manufacturers with early warning reporting (EWR) accounts may
obtain a copy of the VIN look-up interface technical specifications
through the agency's Web site. To obtain the technical specifications,
these manufacturers can use their EWR

account credentials to access the secure Web page at http://www.odi.nhtsa.dot.gov/ewr/login.cfm. After logging in to the EWR
system, the document labeled ``NEW--Technical Specifications for VIN
Lookup Interface'' can be found on the next page. For any manufacturer,
company, or group that does not have an EWR account, please contact
Alex Ansley at<EMAIL_ADDRESS>to receive a copy of the
technical specifications.

 Frank Borris,
Director, Office of Defects Investigation NHTSA.
[FR Doc. 2014-05126 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42939-42940]
[FR Doc No: 2019-17712]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0348]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0037

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0037,
Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear
Records, Shipping Papers, and NFPA 10 Certificates; without change. Our
ICR describes the information we seek to collect from the public.
Review and comments by OIRA ensure we only impose paperwork burdens
commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
September 18, 2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2019-0348] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>

    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    (3) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, attention Desk Officer for the Coast
Guard.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave SE, Stop 7710, Washington,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents. These comments will help OIRA
determine whether to approve the ICR referred to in this notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2019-0348], and must be received by September
18, 2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0037.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard has published the 60-day notice (84 FR 24532, May 28, 2019)
required by 44 U.S.C. 3506(c)(2). That notice elicited one comment. The
comment was supportive of the ICR. Accordingly, no changes have been
made to the Collection.

Information Collection Request

    Title: Certificates of Compliance, Boiler/Pressure Vessel Repairs,
Cargo Gear Records, Shipping Papers, and NFPA 10 Certificates.
    OMB Control Number: 1625-0037.
    Summary: This information is needed to enable the Coast Guard to
fulfill its responsibilities for maritime safety under Title 46, U.S.
Code.
    Need: Title 46 U.S. Code 3301, 3305, 3306, 3702, 3703, 3711, and
3714 authorizes the Coast Guard to establish marine safety regulations
to protect life, property, and the environment. These regulations are
prescribed in Title 46 Code of Federal Regulations.
    Forms: CG-3585, Certificate of Compliance; CG-5437A, Port State
Control Report of Inspection--Form A; CG-5437B, Port State Control
Report of Inspection--Form B.
    Respondents: Owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from
14,793 hours to 18,703 hours a year, due to an increase in the
estimated annual number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended.

    Dated: August 13, 2019.
James D. Roppel,
U.S. Coast Guard, Chief, Office of Information Management.
[FR Doc. 2019-17712 Filed 8-16-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Notices]
[Page 41782]
[FR Doc No: 2012-17247]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13330-001; Project No. 14403-000]

City of Quincy; FFP Project 110, LLC; Notice of Competing
Preliminary Permit Applications Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Competing Applications

    On May 1, 2012, City of Quincy and FFP Project 110, LLC filed
preliminary permit applications pursuant to section 4(f) of the Federal
Power Act proposing to study the feasibility of a hydropower project,
to be located at the existing Mississippi River Lock and Dam No. 25 on
the Mississippi River, near the city of Winfield in Lincoln County,
Missouri and Calhoun County, Illinois. The City of Quincy's application
is for a successive preliminary permit. Mississippi River Lock and Dam
No. 25 is owned by the United States government and operated by the
United States Army Corps of Engineers. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owner's express permission.
    City of Quincy's proposed project would consist of: (1) Forty new
500-kilowatt submersible low-head turbine-generator units, having a
total combined generating capacity of 30 megawatts; (2) a new 878-foot-
long concrete and steel control building structure immediately
downstream of an existing dyke; (3) a new 3.1-mile-long, 34.5-kilovolt
transmission line that would connect to the Missouri electric power
grid, or a new 6.8-mile-long, 34.5-kilovolt transmission line that
would connect to the Illinois electric power grid; and (4) appurtenant
facilities. The project would have an estimated annual generation of
98.3 gigawatt-hours.
    Applicant Contact: Mr. Charles Bevelheimer, 730 Maine Street,
Quincy, IL 62301;<PHONE_NUMBER>.
    FFP Project 110, LLC's proposed project would consist of: (1)
Fourteen new 60-foot by 60-foot reinforced concrete powerhouses, each
containing two 500-kilowatt bulb turbine-generators, having a total
combined generating capacity of 14 megawatts; (2) fourteen existing
submersible tainter gates; (3) a new 40-foot by 35-foot substation; (4)
a new 10-foot by 60-foot intake structure; (5) a new 3-mile-long, 34.5-
kilovolt transmission line; and (6) appurtenant facilities. The project
would have an estimated annual generation of 56 gigawatt-hours.
    Applicant Contact: Ms. Ramya Swaminathan, 239 Causeway Street,
Suite 300, Boston, MA 02114;<PHONE_NUMBER>.
    FERC Contact: Tyrone A. Williams,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, and competing
applications (without notices of intent) or notices of intent to file
competing applications for Project No. 13330: 60 days from the issuance
of this notice. We previously issued an acceptance notice for Project
No. 14403 on May 21, 2012. That notice established a deadline of July
20, 2012 for filing comments, motions to intervene, and competing
applications. The deadline for filing comments, motions to intervene,
and competing applications, or notices of intent to file competing
applications for Project No. 14403 is herewith extended to 60 days from
the issuance of this notice to coincide with the deadline for Project
No. 13330. Competing applications and notices of intent must meet the
requirements of 18 CFR 4.36. Comments, motions to intervene, notices of
intent, and competing applications may be filed electronically via the
Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.
    More information about this project, including a copy of either
application can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13330 or P-14403) in the docket number field
to access the document. For assistance, contact FERC Online Support.

    Dated: July 10, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-17247 Filed 7-13-12; 8:45 am]
BILLING CODE 6717-01-P