80 FR 39448 - Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 131 (July 9, 2015)

Page Range		39448-39448
FR Document		2015-16787

Federal Register, Volume 80 Issue 131 (Thursday, July 9, 2015)

[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Page 39448]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16787]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Oil 
Pollution Act

    On July 2, 2015, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District of Pennsylvania in a lawsuit entitled United States v. the 
Estate of Richard B. Herzog, Deceased, through Tim E. Herzog and 
Wesleah D. Blair as Co-executors of the Estate of Richard B. Herzog, 
Deceased, Civil Action No. 1:15-cv-162.
    The proposed Consent Decree will resolve claims alleged under the 
Oil Pollution Act by the United States against the Estate of Richard B. 
Herzog through Tim E. Herzog and Wesleah D. Blair, as Co-executors of 
the Estate of Richard B. Herzog, for recovery of removal costs relating 
to discharges and substantial threat of discharges of oil from an 
abandoned oil production facility located within approximately 750 
acres of land in Foster Township, McKean County, Pennsylvania which is 
colloquially known as the Johnston Farm leasehold (the ``Facility''). 
Under the proposed Consent Decree, the Defendants will pay a total of 
$954,400 to the United States. The proposed Consent Decree is based on 
Defendants' limited ability to pay, as determined by a qualified 
financial analyst.
    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 v. the Estate of Richard B. Herzog, 
Deceased, through Tim E. Herzog and Wesleah D. Blair, as Co-executors 
of the Estate of Richard B. Herzog, Deceased, D.J. Reference No. 90-5-
1-1-09646. 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:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department Web site: http://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 $29.5 (25 cents per page 
reproduction costs) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $9.00.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
& Natural Resources Division.
[FR Doc. 2015-16787 Filed 7-8-15; 8:45 am]
 BILLING CODE 4410-15-P

39448 Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Notices

PLACE: Room 101, 500 E Street SW., the proposed Consent Decree, the ACTION: Notice.
Washington, DC 20436, Telephone: Defendants will pay a total of $954,400
(202) 205–2000. to the United States. The proposed SUMMARY: Section 101(c) of the Federal
STATUS: Open to the public. Consent Decree is based on Defendants’ Mine Safety and Health Act of 1977 and
limited ability to pay, as determined by title 30 of the Code of Federal
MATTERS TO BE CONSIDERED:
a qualified financial analyst. Regulations, 30 CFR part 44, govern the
1. Agendas for future meetings: None.
2. Minutes. The publication of this notice opens application, processing, and disposition
3. Ratification List. a period for public comment on the of petitions for modification. This notice
4. Vote in Inv. Nos. 701–TA–522 and proposed consent decree. Comments is a summary of petitions for
731–TA–1258 (Final) (Certain Passenger should be addressed to the Assistant modification submitted to the Mine
Vehicle and Light Truck Tires from Attorney General, Environment and Safety and Health Administration
China). The Commission is currently Natural Resources Division, and should (MSHA) by the parties listed below.
scheduled to complete and file its refer to United States v. the Estate of DATES: All comments on the petitions
determinations and views of the Richard B. Herzog, Deceased, through must be received by the Office of
Commission on July 27, 2015. Tim E. Herzog and Wesleah D. Blair, as Standards, Regulations, and Variances
5. Vote in Inv. No. 731–TA–1059 Co-executors of the Estate of Richard B. on or before August 10, 2015.
(Second Review) (Hand Trucks from Herzog, Deceased, D.J. Reference No. ADDRESSES: You may submit your
China). The Commission is currently 90–5–1–1–09646. All comments must be comments, identified by ‘‘docket
scheduled to complete and file its submitted no later than thirty (30) days number’’ on the subject line, by any of
determination and views of the after the publication date of this notice. the following methods:
Commission on July 30, 2015. Comments may be submitted either by 1. Electronic Mail: zzMSHA-
6. Outstanding action jackets: None. email or by mail: comments@dol.gov. Include the docket
In accordance with Commission number of the petition in the subject
policy, subject matter listed above, not To submit Send them to: line of the message.
disposed of at the scheduled meeting, comments: 2. Facsimile: 202–693–9441.
may be carried over to the agenda of the 3. Regular Mail or Hand Delivery:
By email ....... pubcomment-ees.enrd@
following meeting. usdoj.gov. MSHA, Office of Standards,
By order of the Commission. By mail ......... Assistant Attorney General, Regulations, and Variances, 201 12th
Issued: July 6, 2015. U.S. DOJ—ENRD, P.O. Street South, Suite 4E401, Arlington,
William R. Bishop, Box 7611, Washington, DC Virginia 22202–5452, Attention: Sheila
20044–7611. McConnell, Acting Director, Office of
Supervisory Hearings and Information
Officer.
Standards, Regulations, and Variances.
During the public comment period, Persons delivering documents are
[FR Doc. 2015–16908 Filed 7–7–15; 4:15 pm]
the proposed consent decree may be required to check in at the receptionist’s
BILLING CODE 7020–02–P examined and downloaded at this desk on the 4th floor. Individuals may
Justice Department Web site: http:// inspect copies of the petitions and
www.justice.gov/enrd/consent-decrees. comments during normal business
DEPARTMENT OF JUSTICE We will provide a paper copy of the hours at the address listed above.
proposed consent decree upon written MSHA will consider only comments
Notice of Lodging of Proposed request and payment of reproduction postmarked by the U.S. Postal Service or
Consent Decree Under the Oil costs. Please mail your request and proof of delivery from another delivery
Pollution Act payment to: Consent Decree Library, service such as UPS or Federal Express
On July 2, 2015, the Department of U.S. DOJ—ENRD, P.O. Box 7611, on or before the deadline for comments.
Justice lodged a proposed consent Washington, DC 20044–7611. FOR FURTHER INFORMATION CONTACT:
decree with the United States District Please enclose a check or money order Barbara Barron, Office of Standards,
Court for the Western District of for $29.5 (25 cents per page Regulations, and Variances at 202–693–
Pennsylvania in a lawsuit entitled reproduction costs) payable to the 9447 (Voice), barron.barbara@dol.gov
United States v. the Estate of Richard B. United States Treasury. For a paper (Email), or 202–693–9441 (Facsimile).
Herzog, Deceased, through Tim E. copy without the exhibits and signature [These are not toll-free numbers.]
Herzog and Wesleah D. Blair as Co- pages, the cost is $9.00.
SUPPLEMENTARY INFORMATION:
executors of the Estate of Richard B. Robert Brook,
Herzog, Deceased, Civil Action No. I. Background
Assistant Section Chief, Environmental
1:15–cv–162. Enforcement Section, Environment & Natural Section 101(c) of the Federal Mine
The proposed Consent Decree will Resources Division. Safety and Health Act of 1977 (Mine
resolve claims alleged under the Oil [FR Doc. 2015–16787 Filed 7–8–15; 8:45 am] Act) allows the mine operator or
Pollution Act by the United States BILLING CODE 4410–15–P representative of miners to file a
against the Estate of Richard B. Herzog petition to modify the application of any
through Tim E. Herzog and Wesleah D. mandatory safety standard to a coal or
Blair, as Co-executors of the Estate of other mine if the Secretary of Labor
Richard B. Herzog, for recovery of DEPARTMENT OF LABOR determines that:
removal costs relating to discharges and 1. An alternative method of achieving
srobinson on DSK5SPTVN1PROD with NOTICES

substantial threat of discharges of oil Mine Safety and Health Administration the result of such standard exists which
from an abandoned oil production Petitions for Modification of will at all times guarantee no less than
facility located within approximately Application of Existing Mandatory the same measure of protection afforded
750 acres of land in Foster Township, Safety Standards the miners of such mine by such
McKean County, Pennsylvania which is standard; or
colloquially known as the Johnston AGENCY:Mine Safety and Health 2. That the application of such
Farm leasehold (the ‘‘Facility’’). Under Administration, Labor. standard to such mine will result in a

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Document Created: 2018-02-23 09:14:12
Document Modified: 2018-02-23 09:14:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 39448