In the Matter of TransAmerican Refining Corp.

[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]


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

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.

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

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.

------------------------------------------------------------------------
                  If--                                Then--
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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