[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Notices]
[Pages 17054-17055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8571]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
[ALJ 99-0003-CIV]
In the Matter of TransAmerican Refining Corp.
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed penalty; opportunity to participate.
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SUMMARY: The Coast Guard gives notice of the proposed assessment of a
Class II administrative penalty against TransAmerican Refining Corp.
for violations of the Federal Water Pollution Control Act (FWPCA). The
alleged violations involve twenty-nine (29) oil transfer operations
conducted at an onshore facility located at 15272 River Road, mile
125.5, New Orleans, LA that occurred on or about September 19, 1997 and
continued through and including September 24, 1997. Interested persons
may participate or file comments in this proceeding.
DATES: Comments must reach the Coast Guard no later than May 7, 1999.
ADDRESSES: You may mail comments to the Hearing Docket Clerk,
Administrative Law Judge Docketing Center, United States Coast Guard,
40 South Gay Street, Room 412, Baltimore, Maryland 21202-4022. Comments
may also be personally delivered to Room 412 at the same address
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (410) 962-7434. You may also fax your
comments to (410) 962-1742.
The Administrative Law Judge Docketing Center maintains the public
docket for this matter. Comments will become part of this docket and
will be available for inspection or copying in Room 412 at the address
listed above.
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,
[[Page 17055]]
2100 Second Street SW., Washington, DC 20593-0001. The telephone number
is (202) 267-2940.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to submit written
comments. Persons submitting comments should include their name,
address, identify this document (ALJ 99-0003-CIV), and state the reason
for each specific comment. Please submit all comments and attachments
in an unbound format on white paper no longer than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. Persons wanting
acknowledgment or receipt of comments should enclose self-addressed,
stamped postcards or envelopes.
Discussion
This is a Class II civil penalty proceeding brought under section
311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1251 et.
seq.) (FWCPA), as amended by the Oil Pollution Act of 1990 (33 U.S.C.
1321(j)). The FWPCA requires the Coast Guard to 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.
The following table explains how interested persons may participate
in a Class II civil penalty proceeding.
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If-- Then--
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a hearing is scheduled................. You will be given
Notice of any hearing;
A reasonable
opportunity to be heard and to
present evidence during any
hearing; and
Notice and a copy of
the decision 33 CFR
20.404
the proceeding is concluded without a You may petition the Commandant
hearing.. 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
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You can find the regulations concerning Class II civil penalty
proceedings in 33 CFR Part 20.
This proceeding (ALJ 99-0003-CIV) results from 29 oil transfer
operations violations that occurred at an onshore facility located at
15272 River Road, mile 125.5, New Orleans, LA on or about September 19,
1997 and continuing through and including September 24, 1997. The Coast
Guard alleges that TransAmerican Refining Corp. conducted oil transfer
operations without submitting the following items to the Captain of the
Port New Orleans:
(1) A letter of intent to transfer oil;
(2) A facility response plan; and
(3) Two (2) copies of an operations manual for examination.
The Coast Guard further alleges that TransAmerican Refining Corp.
failed to log the date and time of completion on twenty-nine (29)
declarations of inspections and make an examined operations manual
available to the person in charge during the oil transfers.
The Coast Guard filed the complaint on March 5, 1999 at New
Orleans, LA.
The Respondent is TransAmerican Refining Corporation, Attention:
Mr. Burgess E. McCraine, Jr., Campbell, McCraine, Sistrunk, Anzelmo, &
Hardy, 3445 North Causeway Blvd, Suite 800, Metairie, LA 70002.
The Coast Guard seeks a civil penalty of $700,000.
Dated: March 25, 1999.
George J. Jordan,
Director of Judicial Administration, Office of the Chief Administrative
Law Judge, United States Coast Guard.
[FR Doc. 99-8571 Filed 4-6-99; 8:45 am]
BILLING CODE 4910-15-P
