Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 35679 [2018-16087]
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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On July 24, 2018, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Southern District of West
Virginia in the lawsuit entitled United
States and West Virginia v. CSX
Transportation, Inc., Civil Action No.
2:18–cv–01175.
The Complaint alleges that Defendant
CSX Transportation, Inc., violated the
Clean Water Act, the West Virginia
Water Pollution Control Act, and the
West Virginia Groundwater Protection
Act by discharging oil into Armstrong
Creek and the Kanawha River after
Defendant’s train derailed in February
2015 near Mount Carbon, West Virginia.
The Consent Decree resolves the alleged
violations through a settlement package
with two components. First, the Consent
Decree requires Defendant to pay a total
civil penalty of $2.2 million: $1.2
million to resolve the United States’
claims, and $1 million to resolve West
Virginia’s claims. Second, Defendant
must participate in a State supplemental
environmental project (‘‘State SEP’’) to
settle West Virginia’s claims only. The
State SEP requires Defendant to pay
$500,000 into a State-created and Stateowned escrow account that the State
will use to fund upgrades to the
Kanawha Falls Public Service District
water treatment facility in Fayette
County, West Virginia.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Acting Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States and West Virginia
v. CSX Transportation, Inc., Civil
Action No. 2:18–cv–01175, DOJ number
90–5–1–1–11264. 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.
amozie on DSK3GDR082PROD with NOTICES1
By mail .........
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: https://
VerDate Sep<11>2014
17:38 Jul 26, 2018
Jkt 244001
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
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 $5.75 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the signature pages, the cost is
$4.25.
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2018–16087 Filed 7–26–18; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Office of the Secretary
Secretary’s Order 05—2018
Subject: Procedures for Appointment
of Individuals to Department of Labor
Appellate Boards
1. Purpose. To provide for transparent
and consistent processes by which the
Secretary of Labor shall select and
appoint individuals to the three
appellate boards within the Department
of Labor.
2. Authorities and Directives Affected.
A. Authorities. This Order is issued
pursuant to the following authorities:
i. 29 U.S.C. 551 et seq.;
ii. 5 U.S.C. 301–02.
B. Directives Affected. This Order
does not affect the authorities and
responsibilities assigned by any other
Secretary’s Order, including but not
limited to Order 02–2012 (77 FR 69378)
and Order 03–2006 (20 CFR 801.201).
3. Background. The Secretary has the
authority and responsibility to appoint
the members of the Department’s three
appellate boards: the Administrative
Review Board (ARB), the Benefits
Review Board (BRB), and the
Employees’ Compensation Appeals
Board (ECAB). These appointments
should be made through a transparent
and consistent process. Accordingly,
this Order establishes procedures by
which these appointments shall be
made.
4. Responsibilities.
A. The Assistant Secretary for
Administration and Management, in
consultation with the Deputy Secretary,
is assigned responsibility for issuing
written guidance, as necessary, to
implement this Order.
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35679
B. The Solicitor of Labor is
responsible for providing legal advice to
DOL on all matters arising in the
implementation and administration of
this Order.
5. Procedure. The following
procedures shall apply to the selection
and appointment of individuals to the
ARB, BRB, and ECAB:
A. A notice of vacancy and
solicitation of applications shall be
posted in the Federal Register and on
the relevant Board’s website. The
vacancy shall be held open for a
minimum of thirty days, during which
applications shall be accepted. The
notice shall specify: The name of the
board; the type of appointment; the
duration, if any, of the appointment; the
minimum criteria for appointment; the
documentation an applicant must
submit for consideration; the deadline
by which such documentation must be
submitted; and the email address and/
or physical address where
documentation may be submitted.
B. Applications will be directed to the
Office of Executive Resources (OER)
within the Office of the Assistant
Secretary for Administration and
Management (OASAM) to be screened
for whether an applicant has timely
submitted all required documentation
and meets the minimal qualifications for
the position, including vetting potential
ethics concerns such as conflicts of
interest in consultation with ethics
counsel.
C. OER will deliver qualified
applications to a six-person review
panel. The members of the panel will be
selected by the Secretary or the
Secretary’s designee,1 and will consist
of three career and three non-career
Department employees who are
members of the Senior Executive
Service. The Department’s Director,
Human Resources Center, or her
designee, shall be present for each
meeting of the panel.
D. The panel will review the qualified
applications, and rank the candidates.
The panel will send the applications of
the top-ranked candidates to an
interview committee, which will be
comprised of the Deputy Secretary and
a career ethics attorney from Office of
the Solicitor.
E. The interview committee will
interview the top-ranked candidates and
recommend to the Secretary which
candidate should be chosen for the
position. The interview committee will
also provide the Secretary with the
resumes of the other top-ranked
candidates it interviewed but did not
1 In the absence of specific Secretary’s designee,
the Solicitor of Labor shall be the designee.
E:\FR\FM\27JYN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Page 35679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16087]
[[Page 35679]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On July 24, 2018, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Southern
District of West Virginia in the lawsuit entitled United States and
West Virginia v. CSX Transportation, Inc., Civil Action No. 2:18-cv-
01175.
The Complaint alleges that Defendant CSX Transportation, Inc.,
violated the Clean Water Act, the West Virginia Water Pollution Control
Act, and the West Virginia Groundwater Protection Act by discharging
oil into Armstrong Creek and the Kanawha River after Defendant's train
derailed in February 2015 near Mount Carbon, West Virginia. The Consent
Decree resolves the alleged violations through a settlement package
with two components. First, the Consent Decree requires Defendant to
pay a total civil penalty of $2.2 million: $1.2 million to resolve the
United States' claims, and $1 million to resolve West Virginia's
claims. Second, Defendant must participate in a State supplemental
environmental project (``State SEP'') to settle West Virginia's claims
only. The State SEP requires Defendant to pay $500,000 into a State-
created and State-owned escrow account that the State will use to fund
upgrades to the Kanawha Falls Public Service District water treatment
facility in Fayette County, West Virginia.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Acting
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States and West Virginia v. CSX
Transportation, Inc., Civil Action No. 2:18-cv-01175, DOJ number 90-5-
1-1-11264. 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............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the 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 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 $5.75 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the signature pages, the cost is $4.25.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-16087 Filed 7-26-18; 8:45 am]
BILLING CODE 4410-15-P
