81 FR 62536 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range		62536-62537
FR Document		2016-21693
Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62536-62537]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21693]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act and the Oil Pollution Act

    On July 20, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Michigan in the lawsuit entitled United States v. Enbridge 
Energy, Limited Partnership, et al., Civil Action No. 1:16-cv-914. The 
United States published a notice advising the public of an opportunity 
to submit public comments on the proposed settlement during a 30-day 
period. 81 FR 142 (July 25, 2016). During the public comment period, 
several commenters requested extension of the comment period. The 
United States is extending the comment period through October 21, 2016 
to allow time for interested persons to submit additional or 
supplemental comments on the proposed Consent Decree.
    The Complaint in this action asserts claims against Enbridge 
Energy, Limited Partnership and eight related Enbridge entities 
(``Enbridge'') arising from two separate oil transmission pipeline 
failures that resulted in discharges of oil to waters of the United 
States and adjoining shorelines. One of these pipeline failures 
occurred on July 25, 2010 near Marshall, Michigan on a pipeline known 
as Line 6B, and resulted in discharges of oil to Talmadge Creek, a 
large stretch the Kalamazoo River, and adjoining shorelines. The other 
pipeline failure occurred on or about September 9, 2010 in Romeoville, 
Illinois on a pipeline known as Line 6A, and resulted in discharges of 
oil primarily to an unnamed tributary to the Des Plaines River, a 
retention pond, and adjoining shorelines. The proposed Complaint seeks 
injunctive relief and civil penalties under Sections 309 and 311 of the 
Clean Water Act, as amended, 33 U.S.C. 1319 and 1321, for both the 
Marshall, Michigan and the Romeoville, Illinois oil spills. In 
addition, under Section 1002 of the Oil Pollution Act, as amended, 33 
U.S.C. 2702, the Complaint seeks to recover from Defendants all 
unreimbursed removal costs incurred and to be incurred by the United 
States in connection with the Marshall, Michigan oil spill.
    Under the proposed Consent Decree, Enbridge will pay a civil 
penalty of $61 million for the Marshall, Michigan oil spill, and an 
additional $1 million for the Romeoville, Illinois oil spill. In 
addition, Enbridge will pay over $5.4 million in unreimbursed federal 
removal costs that the Oil Spill Liability Trust Fund (``Fund'') paid 
in connection with the Marshall, Michigan oil spill through October 1, 
2015, and Enbridge will pay all additional removal costs consistent 
with the National Contingency Plan that are paid by the Fund after 
October 1, 2015 in connection with the Marshall, Michigan oil spill. 
Prior to the Consent Decree, the United States billed Enbridge for 
additional federal removal costs incurred in connection with both the 
Marshall, Michigan oil spill and the Romeoville, Illinois oil spill, 
and Enbridge paid all amounts billed for that spill. Finally, the 
proposed Consent Decree includes an extensive program of injunctive 
relief, including a series of measures designed to (1) reduce the 
potential for future pipeline failures that could result in unlawful 
discharges from Enbridge's Lakehead System pipelines, (2) improve leak 
detection capabilities and Enbridge's response to situations that could 
indicate potential pipeline failures, and (3) improve Enbridge's 
emergency response and preparedness capabilities to better address any 
future spills that might occur.
    The publication of this notice extends the period for public 
comment on the proposed Consent Decree through October 21, 2016. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and should refer to United 
States v. Enbridge Energy, Limited Partnership, et al., D.J. Ref. No. 
90-5-1-1-10099. All comments must be submitted no later than October 
21, 2016. Comments may be submitted either by email or by mail:

------------------------------------------------------------------------
            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

[[Page 62537]]

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.
    You may request a paper copy of the Consent Decree with or without 
Appendices. If requesting a copy of the proposed Consent Decree with 
Appendices, please enclose a check or money order for $52.25 (25 cents 
per page reproduction cost) payable to the United States Treasury, for 
a copy of the Consent Decree with Appendices. If requesting a copy of 
the proposed Consent Decree without Appendices, please enclose a check 
or money order for $42.25 payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-21693 Filed 9-8-16; 8:45 am]
BILLING CODE 4410-15-P
62536 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

public and affected agencies concerning Square, 145 N Street NE., 3E.405B, in connection with the Marshall,
the proposed collection of information Washington, DC 20530. Michigan oil spill.
are encouraged. Your comments should Dated: September 6, 2016. Under the proposed Consent Decree,
address one or more of the following Enbridge will pay a civil penalty of $61
Jerri Murray,
four points: million for the Marshall, Michigan oil
Department Clearance Officer for PRA, U.S.
—Evaluate whether the proposed Department of Justice.
spill, and an additional $1 million for
collection of information is necessary the Romeoville, Illinois oil spill. In
[FR Doc. 2016–21694 Filed 9–8–16; 8:45 am]
for the proper performance of the addition, Enbridge will pay over $5.4
BILLING CODE 4410–02–P
functions of the Bureau of Justice million in unreimbursed federal
Statistics, including whether the removal costs that the Oil Spill Liability
information will have practical utility; Trust Fund (‘‘Fund’’) paid in connection
DEPARTMENT OF JUSTICE
—Evaluate the accuracy of the agency’s with the Marshall, Michigan oil spill
estimate of the burden of the Notice of Lodging of Proposed through October 1, 2015, and Enbridge
proposed collection of information, Consent Decree Under the Clean Water will pay all additional removal costs
including the validity of the Act and the Oil Pollution Act consistent with the National
methodology and assumptions used; Contingency Plan that are paid by the
On July 20, 2016, the Department of Fund after October 1, 2015 in
—Evaluate whether and if so how the Justice lodged a proposed Consent
quality, utility, and clarity of the connection with the Marshall, Michigan
Decree with the United States District oil spill. Prior to the Consent Decree, the
information to be collected can be Court for the Western District of
enhanced; and United States billed Enbridge for
Michigan in the lawsuit entitled United additional federal removal costs
—Minimize the burden of the collection States v. Enbridge Energy, Limited
of information on those who are to incurred in connection with both the
Partnership, et al., Civil Action No. Marshall, Michigan oil spill and the
respond, including through the use of 1:16–cv–914. The United States Romeoville, Illinois oil spill, and
appropriate automated, electronic, published a notice advising the public Enbridge paid all amounts billed for that
mechanical, or other technological of an opportunity to submit public spill. Finally, the proposed Consent
collection techniques or other forms comments on the proposed settlement Decree includes an extensive program of
of information technology, e.g., during a 30-day period. 81 FR 142 (July injunctive relief, including a series of
permitting electronic submission of 25, 2016). During the public comment measures designed to (1) reduce the
responses. period, several commenters requested potential for future pipeline failures that
Overview of This Information extension of the comment period. The could result in unlawful discharges
Collection United States is extending the comment from Enbridge’s Lakehead System
period through October 21, 2016 to pipelines, (2) improve leak detection
1. Type of Information Collection: allow time for interested persons to capabilities and Enbridge’s response to
Extension of a currently approved submit additional or supplemental situations that could indicate potential
collection. comments on the proposed Consent pipeline failures, and (3) improve
2. The Title of the Form/Collection: Decree. Enbridge’s emergency response and
Applicant Information Form. The Complaint in this action asserts preparedness capabilities to better
3. The agency form number, if any, claims against Enbridge Energy, Limited address any future spills that might
and the applicable component of the Partnership and eight related Enbridge occur.
Department sponsoring the collection: entities (‘‘Enbridge’’) arising from two The publication of this notice extends
1–783. separate oil transmission pipeline the period for public comment on the
4. Affected public who will be asked failures that resulted in discharges of oil proposed Consent Decree through
or required to respond, as well as a brief to waters of the United States and October 21, 2016. Comments should be
abstract: Primary: Individuals. This adjoining shorelines. One of these addressed to the Assistant Attorney
collection is necessary for individuals to pipeline failures occurred on July 25, General, Environment and Natural
request a copy of their personal 2010 near Marshall, Michigan on a Resources Division, and should refer to
identification record to review it or to pipeline known as Line 6B, and resulted United States v. Enbridge Energy,
obtain a change, correction, or an in discharges of oil to Talmadge Creek, Limited Partnership, et al., D.J. Ref. No.
update to the record. a large stretch the Kalamazoo River, and 90–5–1–1–10099. All comments must be
5. An estimate of the total number of adjoining shorelines. The other pipeline submitted no later than October 21,
respondents and the amount of time failure occurred on or about September 2016. Comments may be submitted
estimated for an average respondent to 9, 2010 in Romeoville, Illinois on a either by email or by mail:
respond: Annually, the FBI receives pipeline known as Line 6A, and
275,000 identification requests, resulted in discharges of oil primarily to To submit Send them to:
therefore there are 275,000 respondents. an unnamed tributary to the Des Plaines comments:
The form requires 3 minutes to River, a retention pond, and adjoining
shorelines. The proposed Complaint By email ......... pubcomment-ees.enrd@
complete.
usdoj.gov.
6. An estimate of the total public seeks injunctive relief and civil By mail ........... Assistant Attorney General,
burden (in hours) associated with the penalties under Sections 309 and 311 of U.S. DOJ—ENRD, P.O.
collection: There are an estimated the Clean Water Act, as amended, 33
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Box 7611, Washington,
13,750 total annual burden hours U.S.C. 1319 and 1321, for both the DC 20044–7611.
associated with this collection. Marshall, Michigan and the Romeoville,
If additional information is required Illinois oil spills. In addition, under During the public comment period,
contact: Jerri Murray, Department Section 1002 of the Oil Pollution Act, as the proposed Consent Decree may be
Clearance Officer, United States amended, 33 U.S.C. 2702, the Complaint examined and downloaded at this
Department of Justice, Justice seeks to recover from Defendants all Justice Department Web site: http://
Management Division, Policy and unreimbursed removal costs incurred www.justice.gov/enrd/consent-decrees.
Planning Staff, Two Constitution and to be incurred by the United States We will provide a paper copy of the

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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62537

proposed Consent Decree upon written 693–8064, (these are not toll-free law, no person shall generally be subject
request and payment of reproduction numbers) or sending an email to to penalty for failing to comply with a
costs. Please mail your request and DOL_PRA_PUBLIC@dol.gov. collection of information that does not
payment to: Consent Decree Library, Submit comments about this request display a valid Control Number. See 5
U.S. DOJ—ENRD, P.O. Box 7611, by mail or courier to the Office of CFR 1320.5(a) and 1320.6. The DOL
Washington, DC 20044–7611. Information and Regulatory Affairs, obtains OMB approval for this
You may request a paper copy of the Attn: OMB Desk Officer for DOL–WHD, information collection under Control
Consent Decree with or without Office of Management and Budget, Number 1235–0001. The current
Appendices. If requesting a copy of the Room 10235, 725 17th Street NW., approval is scheduled to expire on May
proposed Consent Decree with Washington, DC 20503; by Fax: 202– 31, 2017; however, the DOL notes that
Appendices, please enclose a check or 395–5806 (this is not a toll-free existing information collection
money order for $52.25 (25 cents per number); or by email: requirements submitted to the OMB
page reproduction cost) payable to the OIRA_submission@omb.eop.gov. receive a month-to-month extension
United States Treasury, for a copy of the Commenters are encouraged, but not while they undergo review. New
Consent Decree with Appendices. If required, to send a courtesy copy of any requirements would only take effect
requesting a copy of the proposed comments by mail or courier to the U.S. upon OMB approval. For additional
Consent Decree without Appendices, Department of Labor-OASAM, Office of substantive information about this ICR,
please enclose a check or money order the Chief Information Officer, Attn: see the related notice published in the
for $42.25 payable to the United States Departmental Information Compliance Federal Register on August 6, 2015 (80
Treasury. Management Program, Room N1301, FR 47004).
200 Constitution Avenue NW., Interested parties are encouraged to
Jeffrey Sands, Washington, DC 20210; or by email: send comments to the OMB, Office of
Assistant Section Chief, Environmental DOL_PRA_PUBLIC@dol.gov. Information and Regulatory Affairs at
Enforcement Section, Environment and
Natural Resources Division. FOR FURTHER INFORMATION CONTACT: the address shown in the ADDRESSES
Contact Michel Smyth by telephone at section within thirty (30) days of
[FR Doc. 2016–21693 Filed 9–8–16; 8:45 am]
202–693–4129, TTY 202–693–8064, publication of this notice in the Federal
BILLING CODE 4410–15–P
(these are not toll-free numbers) or Register. In order to help ensure
sending an email to appropriate consideration, comments
DOL_PRA_PUBLIC@dol.gov. should mention OMB Control Number
DEPARTMENT OF LABOR 1235–0001. The OMB is particularly
SUPPLEMENTARY INFORMATION: This ICR
seeks approval under the PRA for interested in comments that:
Office of the Secretary
revisions to the Special Employment • Evaluate whether the proposed
Agency Information Collection Under the Fair Labor Standards Act collection of information is necessary
Activities; Submission for OMB (FLSA) information collection. FLSA for the proper performance of the
Review; Comment Request; Special special employment provisions relate to functions of the agency, including
Employment Under the Fair Labor restrictions on industrial homework and whether the information will have
Standards Act to the use of special certificates that practical utility;
allow for the employment of categories • Evaluate the accuracy of the
ACTION: Notice. of workers who may be paid less than agency’s estimate of the burden of the
the statutory minimum wage to the proposed collection of information,
SUMMARY: The Department of Labor including the validity of the
extent necessary to prevent curtailment
(DOL) is submitting the Wage and Hour methodology and assumptions used;
of their employment opportunities. This
Division (WHD) sponsored information • Enhance the quality, utility, and
information collection has been
collection request (ICR) revision titled, clarity of the information to be
classified as a revision, because of
‘‘Special Employment Under the Fair collected; and
changes to Forms WH–226 and WH–
Labor Standards Act,’’ to the Office of • Minimize the burden of the
226A that relate to the authorization to
Management and Budget (OMB) for collection of information on those who
pay subminimum wages to workers with
review and approval for use in are to respond, including through the
disabilities. The changes will allow the
accordance with the Paperwork use of appropriate automated,
WHD more effectively and efficiently to
Reduction Act (PRA) of 1995 (44 U.S.C. electronic, mechanical, or other
fulfill its statutory directive to oversee
3501 et seq.). Public comments on the technological collection techniques or
and enforce the FLSA section 14(c)
ICR are invited. other forms of information technology,
certificate program, including the new
DATES: The OMB will consider all conditions introduced to section 14(c) e.g., permitting electronic submission of
written comments that agency receives certificate holders pursuant to the responses.
on or before October 11, 2016. Workforce Innovation and Opportunity Agency: DOL–WHD.
ADDRESSES: A copy of this ICR with Act. FLSA sections 11 and 14 authorize Title of Collection: Special
applicable supporting documentation; this information collection. See 29 Employment Under the Fair Labor
including a description of the likely U.S.C. 211, 214. Standards Act.
respondents, proposed frequency of This information collection is subject OMB Control Number: 1235–0001.
response, and estimated total burden to the PRA. A Federal agency generally Affected Public: Private Sector—
asabaliauskas on DSK3SPTVN1PROD with NOTICES

may be obtained free of charge from the cannot conduct or sponsor a collection businesses or other for-profits and not-
RegInfo.gov Web site at http:// of information, and the public is for-profit institutions.
www.reginfo.gov/public/do/ generally not required to respond to an Total Estimated Number of
PRAViewICR?ref_nbr=201510-1235-001 information collection, unless it is Respondents: 338,107.
(this link will only become active on the approved by the OMB under the PRA Total Estimated Number of
day following publication of this notice) and displays a currently valid OMB Responses: 1,345,307.
or by contacting Michel Smyth by Control Number. In addition, Total Estimated Annual Time Burden:
telephone at 202–693–4129, TTY 202– notwithstanding any other provisions of 693,807 hours.

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Document Created: 2018-02-09 13:15:29
Document Modified: 2018-02-09 13:15:29
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		81 FR 62536