83 FR 21307 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 90 (May 9, 2018)

Page Range		21307-21308
FR Document		2018-09842

Federal Register, Volume 83 Issue 90 (Wednesday, May 9, 2018)

[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Notices]
[Pages 21307-21308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09842]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On May 2, 2018, the Department of Justice lodged a proposed Consent 
Decree with the United States District Court for the Middle District of 
Louisiana in the lawsuit entitled United States of America v. WCC 
Energy Group, LLC and Sammy Garrard, Civil Action No. 3:18-cv-00515-
JWD-EWD.
    The Complaint in this Clean Water Act case was filed against WCC 
Energy Group, LLC and Sammy Garrard concurrently with the lodging of 
the proposed Consent Decree. The Complaint alleges that WCC and Mr. 
Garrard are civilly liable for violations of Section 311 of the Clean 
Water Act (``CWA''), 33 U.S.C. 1321. The Complaint seeks civil 
penalties and injunctive relief for two discharges of oil into 
navigable waters of the United States from an oil production facility 
in the Frog Lake Area of the Atchafalaya River Basin.
    The Complaint alleges that the spills occurred in August 2017. The 
first spill involved oil discharged from a portion of the facility's 
transfer line. The second spill was caused by oil leaking off the deck 
of the facility's production barge into the surrounding water, 
resulting in a sheen. WCC is an owner and operator of the facility. Mr. 
Garrard, the facility manager at the time of the spills, was an 
operator and person-in-charge.
    Under the proposed Consent Decree each defendant will pay a civil 
penalty and perform corrective measures. WCC will pay a civil penalty 
of $55,000. Mr. Garrard will pay a civil penalty of $2,000 based on 
assessment of his limited financial ability to pay. The Consent Decree 
also requires WCC to perform corrective measures at its Frog Lake 
facility, including notifying the Coast Guard in advance of oil 
transfer operations, discontinuing the storage of oily waste at the 
facility, maintaining flow meter gauges and installing pressure gauges 
to ensure against oil losses along the transfer line, performing 
periodic inspections of the facility, and submitting reports on 
progress and compliance. The Consent Decree further requires Mr. 
Garrard to notify the Coast Guard of his work in the oil and gas 
industry over the next year.
    The Publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. WCC Energy Group, LLC 
and Sammy Garrard, D.J. Ref. No. 90-5-1-1-11281/1. Comments may be 
submitted by either email or by mail:

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         To submit comments:                     Send them to:
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By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Acting Assistant Attorney General,
                                       U.S. DOJ-ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: https://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 $7.50 (25 cents per page

[[Page 21308]]

reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-09842 Filed 5-8-18; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices 21307

INTERNATIONAL TRADE U.S. Patent No. 8,487,658; U.S. Patent spill was caused by oil leaking off the
COMMISSION No. 8,838,949; U.S. Patent No. deck of the facility’s production barge
9,535,490; U.S. Patent No. 9,608,675; into the surrounding water, resulting in
[Investigation No. 337–TA–1065]
and the ’936 patent. The notice of a sheen. WCC is an owner and operator
Certain Mobile Electronic Devices and investigation named Apple Inc. of of the facility. Mr. Garrard, the facility
Radio Frequency and Processing Cupertino, California as the respondent. manager at the time of the spills, was an
Components Thereof; Notice of The Office of Unfair Import operator and person-in-charge.
Commission Determination To Amend Investigations is participating in the
investigation. Under the proposed Consent Decree
the Notice of Investigation To Delete each defendant will pay a civil penalty
Certain Claims That Were Erroneously The complaint, as amended, states
that Qualcomm alleges infringement of and perform corrective measures. WCC
Included Due to an Apparent will pay a civil penalty of $55,000. Mr.
Typographical Error claims 1, 10–27, 29, 38, 49, 55–60, 67,
and 68 of the ’936 patent. The notice of Garrard will pay a civil penalty of
AGENCY: U.S. International Trade investigation, however, lists the asserted $2,000 based on assessment of his
Commission. claims of the ’936 patent as claims 1–27, limited financial ability to pay. The
ACTION: Notice. 29, 38, 49, 55–60, 67, and 68. Under Consent Decree also requires WCC to
Commission Rule 210.14(b) (19 CFR perform corrective measures at its Frog
SUMMARY: Notice is hereby given that 210.14(b)), good cause exists to amend Lake facility, including notifying the
the U.S. International Trade the notice of investigation to correct this Coast Guard in advance of oil transfer
Commission has determined sua sponte typographical error. operations, discontinuing the storage of
to amend the notice of investigation to The authority for the Commission’s oily waste at the facility, maintaining
delete claims 2–9 of U.S. Patent No. determination is contained in section flow meter gauges and installing
8,633,936 (‘‘the ’936 patent’’), which 337 of the Tariff Act of 1930, as pressure gauges to ensure against oil
were erroneously included due to a amended (19 U.S.C. 1337), and in Part losses along the transfer line,
typographical error. 210 of the Commission’s Rules of performing periodic inspections of the
FOR FURTHER INFORMATION CONTACT: Practice and Procedure (19 CFR part facility, and submitting reports on
Panyin A. Hughes, Office of the General 210). progress and compliance. The Consent
Counsel, U.S. International Trade By order of the Commission. Decree further requires Mr. Garrard to
Commission, 500 E Street SW, Issued: May 3, 2018. notify the Coast Guard of his work in
Washington, DC 20436, telephone (202) the oil and gas industry over the next
Katherine Hiner,
205–3042. Copies of non-confidential year.
Supervisory Attorney.
documents filed in connection with this
investigation are or will be available for [FR Doc. 2018–09818 Filed 5–8–18; 8:45 am] The Publication of this notice opens
inspection during official business BILLING CODE 7020–02–P a period for public comment on the
hours (8:45 a.m. to 5:15 p.m.) in the proposed Consent Decree. Comments
Office of the Secretary, U.S. should be addressed to the Acting
International Trade Commission, DEPARTMENT OF JUSTICE Assistant Attorney General,
500 E Street SW, Washington, DC Environment and Natural Resources
20436, telephone (202) 205–2000. Notice of Lodging of Proposed Division, and should refer to United
General information concerning the Consent Decree Under the Clean Water States of America v. WCC Energy Group,
Commission may also be obtained by Act LLC and Sammy Garrard, D.J. Ref. No.
accessing its internet server at https:// On May 2, 2018, the Department of 90–5–1–1–11281/1. Comments may be
www.usitc.gov. The public record for Justice lodged a proposed Consent submitted by either email or by mail:
this investigation may be viewed on the Decree with the United States District
Commission’s electronic docket (EDIS) Court for the Middle District of To submit Send them to:
at https://edis.usitc.gov. Hearing- comments:
Louisiana in the lawsuit entitled United
impaired persons are advised that States of America v. WCC Energy Group,
information on this matter can be By email ....... pubcomment-ees.enrd@
LLC and Sammy Garrard, Civil Action usdoj.gov.
obtained by contacting the No. 3:18–cv–00515–JWD–EWD. By mail ......... Acting Assistant Attorney
Commission’s TDD terminal on (202) The Complaint in this Clean Water General, U.S. DOJ–ENRD,
205–1810. Act case was filed against WCC Energy P.O. Box 7611, Wash-
SUPPLEMENTARY INFORMATION: The Group, LLC and Sammy Garrard ington, D.C. 20044–7611.
Commission instituted this investigation concurrently with the lodging of the
on August 14, 2017, based on a proposed Consent Decree. The During the public comment period,
complaint filed by Qualcomm Complaint alleges that WCC and Mr. the proposed Consent Decree may be
Incorporated of San Diego, California Garrard are civilly liable for violations examined and downloaded at this
(‘‘Qualcomm’’). 82 FR 37899 (Aug. 14, of Section 311 of the Clean Water Act Justice Department website: https://
2017). The complaint alleges violations (‘‘CWA’’), 33 U.S.C. 1321. The www.justice.gov/enrd/consent-decrees.
of section 337 of the Tariff Act of 1930 Complaint seeks civil penalties and We will provide a paper copy of the
(19 U.S.C. 1337) in the importation into injunctive relief for two discharges of oil proposed Consent Decree upon written
the United States, the sale for into navigable waters of the United
request and payment of reproduction
amozie on DSK3GDR082PROD with NOTICES

importation, and the sale within the States from an oil production facility in
costs. Please mail your request and
United States after importation of the Frog Lake Area of the Atchafalaya
payment to: Consent Decree Library,
certain mobile electronic devices and River Basin.
radio frequency and processing The Complaint alleges that the spills U.S. DOJ–ENRD, P.O. Box 7611,
components thereof that infringe one or occurred in August 2017. The first spill Washington, DC 20044–7611.
more claims of U.S. Patent No. involved oil discharged from a portion Please enclose a check or money order
8,487,658; U.S. Patent No. 8,698,558; of the facility’s transfer line. The second for $7.50 (25 cents per page

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21308 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices

reproduction cost) payable to the United placed in the public docket without associated with exposure to inorganic
States Treasury. change, and may be made available arsenic. The Inorganic Arsenic Standard
online at http://www.regulations.gov. requires employers to: Monitor workers’
Thomas Carroll,
For further information on submitting exposure to inorganic arsenic, and
Assistant Section Chief, Environmental comments see the ‘‘Public notify workers of exposure-monitoring
Enforcement Section, Environment and
Natural Resources Division.
Participation’’ heading in the section of results; notify anyone who cleans
this notice titled SUPPLEMENTARY protective clothing or equipment of
[FR Doc. 2018–09842 Filed 5–8–18; 8:45 am]
INFORMATION. inorganic arsenic exposure; develop,
BILLING CODE 4410–15–P
Docket: To read or download update, and maintain a housekeeping
comments or other material in the and maintenance plan; monitor worker
docket, go to http://www.regulations.gov health by providing medical
DEPARTMENT OF LABOR or the OSHA Docket Office at the surveillance; post warning signs, and
address above. All documents in the apply labels to shipping and storage
Occupational Safety and Health
docket (including this Federal Register containers of inorganic arsenic; develop
Administration
notice) are listed in the http:// and maintain worker exposure
[Docket No. OSHA–2011–0186] www.regulations.gov index; however, monitoring and medical records;
some information (e.g., copyrighted establish and implement written
Inorganic Arsenic Standard; Extension material) is not publicly available to compliance programs; and provide
of the Office of Management and read or download through the website. workers with information about their
Budget’s (OMB) Approval of All submissions, including copyrighted exposures and the health effects of
Information Collection (Paperwork) material, are available for inspection exposure to inorganic arsenic.
Requirements and copying at the OSHA Docket Office.
II. Special Issues for Comment
AGENCY: Occupational Safety and Health You also may contact Theda Kenney at
Administration (OSHA), Labor. the phone number below to obtain a OSHA has a particular interest in
ACTION: Request for public comments.
copy of the ICR. comments on the following issues:
FOR FURTHER INFORMATION CONTACT: • Whether the proposed information
SUMMARY: OSHA solicits public Theda Kenney, Directorate of Standards collection requirements are necessary
comments concerning its proposal to and Guidance, OSHA, U.S. Department for the proper performance of the
extend the Office of Management and of Labor, telephone (202) 693–2222. Agency’s functions, including whether
Budget’s (OMB) approval of the SUPPLEMENTARY INFORMATION: the information is useful;
information collection requirements • The accuracy of OSHA’s estimate of
specified in the Inorganic Arsenic I. Background the burden (time and costs) of the
Standard. The Department of Labor, as part of its information collection requirements,
DATES: Comments must be submitted continuing effort to reduce paperwork including the validity of the
(postmarked, sent, or received) by July and respondent (i.e., employer) burden, methodology and assumptions used;
9, 2018. conducts a preclearance consultation • The quality, utility, and clarity of
ADDRESSES: program to provide the public with an the information collected; and
Electronically: You may submit opportunity to comment on proposed • Ways to minimize the burden on
comments and attachments and continuing information collection employers who must comply; for
electronically at http:// requirements in accordance with the example, by using automated or other
www.regulations.gov, which is the Paperwork Reduction Act of 1995 (44 technological information collection
Federal eRulemaking Portal. Follow the U.S.C. 3506(c)(2)(A)). This program and transmission techniques.
instructions online for submitting ensures that information is in the III. Proposed Actions
comments. desired format, reporting burden (time
Facsimile: If your comments, and costs) is minimal, collection The Agency is requesting an
including attachments, are not longer instruments are clearly understood, and adjustment decrease of 1,920 burden
than 10 pages, you may fax them to the OSHA’s estimate of the information hours, from 12,466 to 10,546 hours. This
OSHA Docket Office at (202) 693–1648. collection burden is accurate. The decrease is due to a decrease in the
Mail, hand delivery, express mail, Occupational Safety and Health Act of number of workers being exposed above
messenger, or courier service: When 1970 (the OSH Act) (29 U.S.C. 651 et the permissible exposure limit (PEL),
using this method, you must submit seq.) authorizes information collection and being exposed above the action
your comments and attachments to the by employers as necessary or level (AL), but below the PEL. There is
OSHA Docket Office, Docket No. appropriate for enforcement of the OSH also a decrease in the number of
OSHA–2011–0186, U.S. Department of Act, or for developing information medical examinations administered
Labor, Occupational Safety and Health regarding the causes and prevention of annually. Therefore, this reduces the
Administration, Room N–3653, 200 occupational injuries, illnesses, and total cost burden for exposure
Constitution Avenue NW, Washington, accidents (29 U.S.C. 657). The OSH Act monitoring sampling and medical
DC 20210. Deliveries (hand, express also requires that OSHA obtain such exams from $1,350,395 to $1,121,959,
mail, messenger, and courier service) information with minimum burden even though the total cost has gone up
are accepted during the Docket Office’s upon employers, especially those for medical exams from $221 to $243.33.
normal business hours, 10:00 a.m. to operating small businesses, and to Type of Review: Extension of a
amozie on DSK3GDR082PROD with NOTICES

3:00 p.m., ET. reduce to the maximum extent feasible currently approved collection.
Instructions: All submissions must unnecessary duplication of efforts in Title: Inorganic Arsenic Standard (29
include the Agency name and OSHA obtaining information (29 U.S.C. 657). CFR 1910.1018).
docket number (OSHA–2011–0186) for The information collection OMB Number: 1218–0104.
the Information Collection Request requirements in the Inorganic Arsenic Affected Public: Business or other for-
(ICR). All comments, including any Standard provide protection for workers profits.
personal information you provide, are from the adverse health effects Number of Respondents: 889.

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Document Created: 2018-05-09 03:17:17
Document Modified: 2018-05-09 03:17:17

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		83 FR 21307