Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Oil Pollution Act, 48462 [2016-17492]

Download as PDF 48462 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—OpenDaylight Project, Inc. Notice is hereby given that, on June 27, 2016 pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), OpenDaylight Project, Inc. (‘‘OpenDaylight’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Serro, LLC, Santa Clara, CA, has been added as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and OpenDaylight intends to file additional written notifications disclosing all changes in membership. On May 23, 2013, OpenDaylight filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to section 6(b) of the Act on July 1, 2013 (78 FR 39326). The last notification was filed with the Department on April 4, 2016. A notice was published in the Federal Register pursuant to section 6(b) of the Act on May 3, 2016 (81 FR 26582). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2016–17433 Filed 7–22–16; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE mstockstill on DSK3G9T082PROD with NOTICES 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 Complaint in this action asserts claims against Enbridge Energy, Limited VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 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 their 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 their adjoining shorelines. The 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 Enbridge 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 such amounts billed. 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 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 address any future spills that might occur. 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. Enbridge Energy, Limited Partnership, et al., D.J. Ref. No. 90–5–1–1–10099. 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: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department Web site: 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. 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. 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. Randall M. Stone, Acting Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016–17492 Filed 7–22–16; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE [Docket No. OLP 159] Notice of Public Comment Period on Proposed Uniform Language for Testimony and Reports Department of Justice. Notice. AGENCY: ACTION: E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Page 48462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17492]


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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 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 their 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 their adjoining shorelines. The 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 Enbridge 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 such amounts billed. 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 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. Enbridge Energy, Limited 
Partnership, et al., D.J. Ref. No. 90-5-1-1-10099. 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  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 Web site: 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.
    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. 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.

Randall M. Stone,
Acting Assistant Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-17492 Filed 7-22-16; 8:45 am]
 BILLING CODE 4410-15-P
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