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GENERAL42264
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GENERAL42264
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Last modified
8/24/2016 8:10:46 PM
Creation date
11/23/2007 11:40:39 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Date
4/3/2007
Doc Name
Request for Ownership Determination (Faxed)
From
Ann Tatum
To
DRMS
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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Qne such commenter asserted that a parent company which owns or controls a <br />subsidiary does not necessarily own or control the operations of the subsidiary. <br />The government disagreed and stated: ,Pa ge 796?1 Federal Register Vol. ti5 <br />second column, feral paragraph: "We disagree. Thu argument was advanced <br />a~:d rejected in NMA v DO! !I. If the parent company owns or Controls the <br />subsidiary under the defrnitions we adapt today, the parent company, de facto, <br />also owns or controls the subsidiary's operations. In upholding our previous <br />construction of section SI p(c), which on this point we import into this final rule, <br />the ,U.C. Circuit explained that our view is "consistent with, if not mandated by <br />the statutory langaage, which as noted, applied to any violating operations <br />controlled by the applicant, not only those directed by hirn. Accordingly, the <br />agency's cunstructiun mint be upheld. <br />Regarding proposed rule § 778.14 concerning the collection of information <br />concerning violators and permit control, Commenters said that the controller of a <br />violation should mean the person who did not abate the violation, not the person <br />who created it. The government disagreed b. Page 79651 Federal Register Vol. 65 <br />ftrst column, first paragraph: "We disagree. The person who caused, or was <br />initially cited for, the violation and any persons who subsequently had the <br />authority to correct the violation are collectively responsible for abating or <br />cwrec[ing !hr violation, unless otherwise provided for Gy the Act, its <br />implementing regulations, or establuhed principles of business law." <br />As it is the States obligation to review and update this information I am requesting <br />that this be as soon as possible. I would like to receive a copy of DRMS' determination <br />and update. <br />Thank you. <br />Very truly yours, ~~ <br />~-i l~C.~..-~ <br />Tatum <br />AT/ah <br />E0 3~JCd Wf11Cl WIP 655096865E b£~EZ L00Z/E0/b0 <br />
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