Water pollution control: Clean Water Act; class II administrative penalty assessments— Union Pacific,

 
CONTENT

[Federal Register: July 13, 1998 (Volume 63, Number 133)]

[Notices]

[Page 37613]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13jy98-144]

DEPARTMENT OF TRANSPORTATION

Coast Guard

[USCG-1998-4022]

In the Matter of Union Pacific (Formerly Known as Southern Pacific Transportation Company)

AGENCY: United States Coast Guard, DOT.

ACTION: Notice of proposed penalty; opportunity to comment.

SUMMARY: The United States Coast Guard gives notice of and provides an opportunity to comment on the proposed assessment of a Class II administrative penalty to Union Pacific, formerly known as Southern Pacific Transportation Company, for violations of the Federal Water Pollution Control Act (FWPCA). The alleged violations involved the discharge of approximately 1012 barrels of oil into the waters of Buffalo Bayou, Houston, Texas and adjoining shorelines from September 25, 1995 to September 29, 1996. Interested persons may participate or file comments in this proceeding.

DATES: Filings in this matter must be received not later than August 12, 1998.

ADDRESSES: Interested persons must submit all filings in this matter to the Hearing Docket Clerk. Filings should reference ALG Docket number 98-0001-CIV.

If you file by mail, the address is Hearing Docket Clerk, Administrative Law Judge Docketing Center, United States Coast Guard, 40 South Gay Street, Room 412, Baltimore, Maryland 21202-4022.

If you file by fax, then send to (410) 962-1762.

If you file in person, then deliver the filings to the same address at room 412 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

The public may inspect the administrative record for this Class II civil penalty proceeding at the same address and times.

FOR FURTHER INFORMATION CONTACT: Mr. George J. Jordan, Director of Judicial Administration, Office of the Chief Administrative Law Judge, Commandant (G-CJ), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001, Telephone (202) 267-2940.

SUPPLEMENTARY INFORMATION: This proceeding is a Class II civil penalty proceeding brought under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the Oil Pollution Act of 1990 (33 U.S.C. 1321(b)). The FWPCA requires that the Coast Guard publish notice of the proposed issuance of an order assessing a Class II civil penalty in the Federal Register.

If you wish to be an interested person, you must file written comments on the proceeding or written notice of intent to present evidence at any hearing held in this Class II civil penalty proceeding with the Hearing Docket Clerk. You must file not later than August 12, 1998.

The following table explains how interested persons may participate in a Class II civil penalty proceeding.

If

Then

A hearing is scheduled.................... You will be given

‹bullet› Notice of any hearing.

‹bullet› A reasonable opportunity to be heard and to present evidence during any hearing.

‹bullet› Notice and a copy of the decision. 33 CFR

20.404.

The proceeding is concluded without a You may petition the

hearing.

Commandant of the Coast

Guard to set aside the order and to provide a hearing.

You must file the petition within 30 days after issuance of the

administrative law judge's order. 33 CFR 20.1102.

You can find the regulations concerning Class II civil penalty proceedings in 33 CFR Part 20.

This proceeding (ALJ Docket Number: 98-0001-CIV) results from an alleged discharge of approximately 1012 barrels of oil into Buffalo Bayou, Houston, Texas and adjoining shorelines beginning on or about September 25, 1995, and continuing through and including September 29, 1995. The Coast Guard filedthe Complaint on June 1, 1998, at New Orleans, LA.

The Respondent is Union Pacific (formerly known as Southern Pacific Transportation Company), 808 Travis, Suite 620, Houston, Texas 77001.

The Coast Guard seeks a civil penalty of $50,000.

Dated: July 7, 1998. George J. Jordan, Director of Judicial Administration, Office of the Chief Administrative Law Judge, United States Coast Guard.

[FR Doc. 98-18555Filed7-10-98; 8:45 am]

BILLING CODE 4910-15-M