Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 25494-25495 [2018-11782]

Download as PDF 25494 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices DEPARTMENT OF JUSTICE daltland on DSKBBV9HB2PROD with NOTICES 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. Triple Dragon LLC et al., Civil Action No. 1:18–cv–152. The Complaint in this Clean Water Act case was filed against the defendants on April 27, 2018. The Complaint alleges that the defendants, Triple Dragon LLC, Trung Anh Quach, and Aukusitino Lui Mauia, are civilly liable for violations of Section 311 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1321. Mr. Quach is the managing member of the company and Mr. Mauia was the operator of the vessel at the time the Coast Guard discovered the violations. The Complaint alleges that the company and individuals are liable for violations related to the commercial longline fishing vessel Triple Dragon’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. Triple Dragon LLC must pay a civil penalty of $15,000; the company manager, Trung Anh Quach, must pay a civil penalty of $10,000; and VerDate Sep<11>2014 17:06 May 31, 2018 Jkt 244001 the vessel operator, Aukusitino Lui Maui, must pay a civil penalty of $500. 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 Division, and should refer to United States of America v. Triple Dragon LLC et al., D.J. Ref. No. 90–5–1–1–11817. 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: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. Acting 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 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 $15.75 (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. 2018–11781 Filed 5–31–18; 8:45 am] BILLING CODE 4410–15–P 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. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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 E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices 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: By email ....... pubcomment-ees.enrd@ usdoj.gov. Acting 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 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 DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Quarterly Narrative Progress Report, Employment and Training Supplemental Budget Request Activities Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the Employment and Training Administration) sponsored information collection request (ICR) revision titled, ‘‘Quarterly Narrative Progress Report, Employment and Training Supplemental Budget Request Activities,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:06 May 31, 2018 Jkt 244001 1995. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before July 2, 2018. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at https:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201708-1205-003 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or sending an email to DOL_ PRA_PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–ETA, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email to DOL_PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for revisions to the Quarterly Narrative Progress Report, Employment and Training Supplemental Budget Request Activities information collection. To monitor the progress of each State Workforce Agency in successfully implementing projects funded through Supplemental Budget Requests, this collection will request information including the funded project’s title and purpose, timeline and milestones, and project implementation status. This information collection has been classified as a revision, because Form ETA–9178 will now cover Reemployment & Systems Integration— Dislocated Worker Grants. The ETA also updated the title of the collection to ‘‘Quarterly Narrative Progress Report, Employment and Training Supplemental Budget Request PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 25495 Activities.’’ Social Security Act section 303(a)(6) authorizes this information collection. See 42 U.S.C. 503(a)(6). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1205–0517. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on June 8, 2017 (82 FR 26714). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1205–0517. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–ETA. Title of Collection: Quarterly Narrative Progress Report, Employment E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25494-25495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
------------------------------------------------------------------------
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
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