83_FR_25600 83 FR 25494 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

83 FR 25494 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25494-25495
FR Document2018-11782

Federal Register, Volume 83 Issue 106 (Friday, June 1, 2018) 
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25494-25495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11782]


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DEPARTMENT OF JUSTICE


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

    On May 24, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Hawaii in the lawsuit entitled United States of America v. Capt. 
Millions III, LLC et al., Civil Action No. 1:18-cv-196.
    The Complaint in this Clean Water Act case was filed against the 
defendants concurrently with the lodging of the Consent Decree. The 
Complaint alleges that the defendants, Capt. Millions III, LLC, Brian 
Nguyen, and Kha Van, are civilly liable for violations of Section 311 
of the Clean Water Act (``CWA''), 33 U.S.C. 1321. Mr. Nguyen is the 
managing member of the company and Mr. Van is the longtime operator of 
the vessel. The Complaint alleges that the company and individuals are 
liable for violations related to the commercial longline fishing vessel 
Capt. Millions III's operations based out of Honolulu, Hawaii. The 
Complaint addresses discharges of oily bilge waste from the vessel 
while fishing for tuna off Hawaii. The Complaint also includes a Clean 
Water Act claim for violations of the Coast Guard's pollution control 
regulations, including failure to provide sufficient capacity to retain 
all oily bilge water onboard the vessel. The United States seeks civil 
penalties and injunctive relief to deter future violations by the 
defendants and others in the industry.
    Under the proposed Consent Decree, the defendants will perform 
corrective measures to remedy the violations and prevent future 
violations, including: (1) Repairing the vessel to reduce the quantity 
of oily waste generated during a fishing voyage; (2) providing 
crewmembers with training on the proper handling of oily wastes; (3) 
documenting proper oily waste management and disposal after returning 
to port; and (4) submitting compliance reports to the Coast Guard and 
the Department of Justice.
    The consent decree also requires the company, company manager, and 
vessel operator to each pay a civil penalty. The penalty amounts were 
set considering each defendant's limited ability to pay a higher 
penalty, as demonstrated through documentation submitted to the United 
States and analyzed by a financial expert. Capt. Millions III, LLC must 
pay a civil penalty of $10,000; the company manager, Brian Nguyen, must 
pay a civil penalty of $5,000; and the vessel operator, Kha Van, must 
pay a civil penalty of $7,000. Under the terms of the Clean Water Act, 
the penalties paid for these discharges will be deposited in the 
federal Oil Spill Liability Trust Fund managed by the National 
Pollution Funds Center.
    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

[[Page 25495]]

Division, and should refer to United States of America v. Capt. 
Millions III, LLC et al., D.J. Ref. No. 90-5-1-1-11816. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this notice. Comments may be submitted by either email or by 
mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Acting Assistant Attorney General,
                                       U.S. DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 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 $13.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-11782 Filed 5-31-18; 8:45 am]
 BILLING CODE 4410-15-P

25494 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices DEPARTMENT OF JUSTICE the vessel operator, Aukusitino Lui The Complaint in this Clean Water Maui, must pay a civil penalty of $500. Act case was filed against the Notice of Lodging of Proposed Under the terms of the Clean Water Act, defendants concurrently with the Consent Decree Under the Clean Water the penalties paid for these discharges lodging of the Consent Decree. The Act will be deposited in the federal Oil Spill Complaint alleges that the defendants, Liability Trust Fund managed by the Capt. Millions III, LLC, Brian Nguyen, On May 24, 2018, the Department of National Pollution Funds Center. and Kha Van, are civilly liable for Justice lodged a proposed Consent The publication of this notice opens violations of Section 311 of the Clean Decree with the United States District a period for public comment on the Water Act (‘‘CWA’’), 33 U.S.C. 1321. Mr. Court for the District of Hawaii in the proposed Consent Decree. Comments Nguyen is the managing member of the lawsuit entitled United States of should be addressed to the Acting company and Mr. Van is the longtime America v. Triple Dragon LLC et al., Assistant Attorney General, operator of the vessel. The Complaint Civil Action No. 1:18–cv–152. Environment and Natural Resources alleges that the company and The Complaint in this Clean Water Division, and should refer to United individuals are liable for violations Act case was filed against the States of America v. Triple Dragon LLC related to the commercial longline defendants on April 27, 2018. The et al., D.J. Ref. No. 90–5–1–1–11817. All fishing vessel Capt. Millions III’s Complaint alleges that the defendants, comments must be submitted no later operations based out of Honolulu, Triple Dragon LLC, Trung Anh Quach, than thirty (30) days after the Hawaii. The Complaint addresses and Aukusitino Lui Mauia, are civilly publication date of this notice. discharges of oily bilge waste from the liable for violations of Section 311 of the Comments may be submitted by either vessel while fishing for tuna off Hawaii. Clean Water Act (‘‘CWA’’), 33 U.S.C. email or by mail: The Complaint also includes a Clean 1321. Mr. Quach is the managing Water Act claim for violations of the member of the company and Mr. Mauia Coast Guard’s pollution control was the operator of the vessel at the To submit Send them to: regulations, including failure to provide comments: time the Coast Guard discovered the sufficient capacity to retain all oily bilge violations. The Complaint alleges that By e-mail ...... pubcomment-ees.enrd@ water onboard the vessel. The United the company and individuals are liable usdoj.gov. States seeks civil penalties and for violations related to the commercial By mail ......... Acting Assistant Attorney injunctive relief to deter future longline fishing vessel Triple Dragon’s General, U.S. DOJ—ENRD, P.O. Box 7611, Wash- violations by the defendants and others operations based out of Honolulu, in the industry. Hawaii. The Complaint addresses ington, DC 20044–7611. Under the proposed Consent Decree, discharges of oily bilge waste from the the defendants will perform corrective vessel while fishing for tuna off Hawaii. During the public comment period, measures to remedy the violations and The Complaint also includes a Clean the proposed Consent Decree may be prevent future violations, including: (1) Water Act claim for violations of the examined and downloaded at this Repairing the vessel to reduce the Coast Guard’s pollution control Justice Department website: https:// quantity of oily waste generated during regulations, including failure to provide www.justice.gov/enrd/consent-decrees. a fishing voyage; (2) providing sufficient capacity to retain all oily bilge We will provide a paper copy of the crewmembers with training on the water onboard the vessel. The United proposed Consent Decree upon written proper handling of oily wastes; (3) States seeks civil penalties and request and payment of reproduction documenting proper oily waste injunctive relief to deter future costs. Please mail your request and management and disposal after violations by the defendants and others payment to: Consent Decree Library, returning to port; and (4) submitting in the industry. U.S. DOJ—ENRD, P.O. Box 7611, compliance reports to the Coast Guard Under the proposed Consent Decree, Washington, DC 20044–7611. and the Department of Justice. the defendants will perform corrective Please enclose a check or money order The consent decree also requires the measures to remedy the violations and for $15.75 (25 cents per page company, company manager, and vessel prevent future violations, including: (1) reproduction cost) payable to the United operator to each pay a civil penalty. The Repairing the vessel to reduce the States Treasury. penalty amounts were set considering quantity of oily waste generated during each defendant’s limited ability to pay Henry Friedman, a fishing voyage; (2) providing a higher penalty, as demonstrated Assistant Section Chief, Environmental crewmembers with training on the through documentation submitted to the Enforcement Section, Environment and proper handling of oily wastes; (3) Natural Resources Division. United States and analyzed by a documenting proper oily waste financial expert. Capt. Millions III, LLC [FR Doc. 2018–11781 Filed 5–31–18; 8:45 am] management and disposal after must pay a civil penalty of $10,000; the BILLING CODE 4410–15–P returning to port; and (4) submitting company manager, Brian Nguyen, must compliance reports to the Coast Guard pay a civil penalty of $5,000; and the and the Department of Justice. DEPARTMENT OF JUSTICE vessel operator, Kha Van, must pay a The consent decree also requires the civil penalty of $7,000. Under the terms company, company manager, and vessel Notice of Lodging of Proposed of the Clean Water Act, the penalties operator to each pay a civil penalty. The Consent Decree Under the Clean Water paid for these discharges will be penalty amounts were set considering Act deposited in the federal Oil Spill each defendant’s limited ability to pay Liability Trust Fund managed by the daltland on DSKBBV9HB2PROD with NOTICES a higher penalty, as demonstrated On May 24, 2018, the Department of National Pollution Funds Center. through documentation submitted to the Justice lodged a proposed Consent The publication of this notice opens United States and analyzed by a Decree with the United States District a period for public comment on the financial expert. Triple Dragon LLC Court for the District of Hawaii in the proposed Consent Decree. Comments must pay a civil penalty of $15,000; the lawsuit entitled United States of should be addressed to the Acting company manager, Trung Anh Quach, America v. Capt. Millions III, LLC et al., Assistant Attorney General, must pay a civil penalty of $10,000; and Civil Action No. 1:18–cv–196. Environment and Natural Resources VerDate Sep<11>2014 17:06 May 31, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices 25495 Division, and should refer to United 1995. Public comments on the ICR are Activities.’’ Social Security Act section States of America v. Capt. Millions III, invited. 303(a)(6) authorizes this information LLC et al., D.J. Ref. No. 90–5–1–1– DATES: The OMB will consider all collection. See 42 U.S.C. 503(a)(6). 11816. All comments must be submitted written comments that agency receives This information collection is subject no later than thirty (30) days after the on or before July 2, 2018. to the PRA. A Federal agency generally publication date of this notice. ADDRESSES: A copy of this ICR with cannot conduct or sponsor a collection Comments may be submitted by either applicable supporting documentation; of information, and the public is email or by mail: including a description of the likely generally not required to respond to an respondents, proposed frequency of information collection, unless it is To submit response, and estimated total burden approved by the OMB under the PRA Send them to: comments: and displays a currently valid OMB may be obtained free of charge from the By email ....... pubcomment-ees.enrd@ RegInfo.gov website at http:// Control Number. In addition, usdoj.gov. www.reginfo.gov/public/do/ notwithstanding any other provisions of By mail ......... Acting Assistant Attorney PRAViewICR?ref_nbr=201708-1205-003 law, no person shall generally be subject General, U.S. DOJ—ENRD, (this link will only become active on the to penalty for failing to comply with a P.O. Box 7611, Wash- day following publication of this notice) collection of information that does not ington, DC 20044–7611. or by contacting Michel Smyth by display a valid Control Number. See 5 telephone at 202–693–4129, TTY 202– CFR 1320.5(a) and 1320.6. The DOL During the public comment period, 693–8064, (these are not toll-free obtains OMB approval for this the proposed Consent Decree may be numbers) or sending an email to DOL_ information collection under Control examined and downloaded at this PRA_PUBLIC@dol.gov. Number 1205–0517. The DOL notes that Justice Department website: https:// Submit comments about this request existing information collection www.justice.gov/enrd/consent-decrees. by mail to the Office of Information and requirements submitted to the OMB We will provide a paper copy of the Regulatory Affairs, Attn: OMB Desk receive a month-to-month extension proposed Consent Decree upon written Officer for DOL–ETA, Office of while they undergo review. New request and payment of reproduction Management and Budget, Room 10235, requirements would only take effect costs. Please mail your request and 725 17th Street NW, Washington, DC upon OMB approval. For additional payment to: Consent Decree Library, 20503; by Fax: 202–395–5806 (this is substantive information about this ICR, U.S. DOJ—ENRD, P.O. Box 7611, not a toll-free number); or by email: see the related notice published in the Washington, DC 20044–7611. OIRA_submission@omb.eop.gov. Federal Register on June 8, 2017 (82 FR Please enclose a check or money order Commenters are encouraged, but not 26714). for $13.75 (25 cents per page required, to send a courtesy copy of any Interested parties are encouraged to reproduction cost) payable to the United comments by mail or courier to the U.S. send comments to the OMB, Office of States Treasury. Department of Labor-OASAM, Office of Information and Regulatory Affairs at Henry Friedman, the Chief Information Officer, Attn: the address shown in the ADDRESSES Departmental Information Compliance section within thirty (30) days of Assistant Section Chief, Environmental Enforcement Section, Environment and Management Program, Room N1301, publication of this notice in the Federal Natural Resources Division. 200 Constitution Avenue NW, Register. In order to help ensure [FR Doc. 2018–11782 Filed 5–31–18; 8:45 am] Washington, DC 20210; or by email: appropriate consideration, comments DOL_PRA_PUBLIC@dol.gov. should mention OMB Control Number BILLING CODE 4410–15–P FOR FURTHER INFORMATION CONTACT: 1205–0517. The OMB is particularly Michel Smyth by telephone at 202–693– interested in comments that: 4129, TTY 202–693–8064, (these are not • Evaluate whether the proposed DEPARTMENT OF LABOR toll-free numbers) or sending an email collection of information is necessary to DOL_PRA_PUBLIC@dol.gov. for the proper performance of the Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR functions of the agency, including seeks approval under the PRA for whether the information will have Agency Information Collection revisions to the Quarterly Narrative practical utility; Activities; Submission for OMB Progress Report, Employment and • Evaluate the accuracy of the Review; Comment Request; Quarterly Training Supplemental Budget Request agency’s estimate of the burden of the Narrative Progress Report, Activities information collection. To proposed collection of information, Employment and Training monitor the progress of each State including the validity of the Supplemental Budget Request Workforce Agency in successfully methodology and assumptions used; Activities implementing projects funded through • Enhance the quality, utility, and ACTION:Notice of availability; request Supplemental Budget Requests, this clarity of the information to be for comments. collection will request information collected; and including the funded project’s title and • Minimize the burden of the SUMMARY: The Department of Labor purpose, timeline and milestones, and collection of information on those who (DOL) is submitting the Employment project implementation status. This are to respond, including through the and Training Administration) sponsored information collection has been use of appropriate automated, information collection request (ICR) classified as a revision, because Form electronic, mechanical, or other daltland on DSKBBV9HB2PROD with NOTICES revision titled, ‘‘Quarterly Narrative ETA–9178 will now cover technological collection techniques or Progress Report, Employment and Reemployment & Systems Integration— other forms of information technology, Training Supplemental Budget Request Dislocated Worker Grants. The ETA also e.g., permitting electronic submission of Activities,’’ to the Office of Management updated the title of the collection to responses. and Budget (OMB) for review and ‘‘Quarterly Narrative Progress Report, Agency: DOL–ETA. approval for use in accordance with the Employment and Training Title of Collection: Quarterly Paperwork Reduction Act (PRA) of Supplemental Budget Request Narrative Progress Report, Employment VerDate Sep<11>2014 17:06 May 31, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1


Document Created: 2018-06-01 01:29:57
Document Modified: 2018-06-01 01:29:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 25494 
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