Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 46760 [2018-19969]

Download as PDF 46760 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Notices DEPARTMENT OF JUSTICE daltland on DSKBBV9HB2PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On September 7, 2018, the Department of Justice lodged a proposed partial consent decree with the United States District Court for the District of Hawaii in United States of America v. Azure Fishery LLC et al., Civil Action No. 1:18–cv–00339. The complaint in this Clean Water Act (‘‘CWA’’) case was filed against the defendants on the same day as the lodging of the consent decree. The complaint alleges claims against the Hawaii-based longline fishing companies Azure Fishery LLC and Linh Fishery LLC and individuals Hanh Nguyen, Khang Dang, Andy Hoang, and Tuan Hoang. The complaint addresses illegal discharges of oil from the commercial longline fishing vessel Jaxon T, now known as the St. Joseph, as well as related violations of the Coast Guard’s pollution control regulations, including failure to provide sufficient capacity to retain oily bilge waste on board the vessel. The complaint alleges that Azure Fishery LLC, company members and managers Hanh Nguyen and Khang Dang, and vessel operator Andy Hoang are each liable for civil penalties stemming from violations of the CWA, 33 U.S.C. 1321. The United States seeks injunctive relief from these same defendants and Linh Fishery LLC, which is the current owner of the vessel. The complaint also includes a claim under the Federal Debt Collection Procedures Act, 28 U.S.C. 3001 et seq., against Linh Fishery LLC, Hanh Nguyen, Khang Dang, and Tuan Hoang concerning the fraudulent conveyance of the Jaxon T after the Coast Guard discovered the violations. Under the proposed partial consent decree, defendants Nguyen and Dang will pay a total of $475,000. Under the terms of the CWA, the penalties paid for these violations will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. In addition, the settling defendants will perform corrective measures to remedy the violations and prevent future violations in their fleet of twenty-five longline fishing vessels. Required actions include: (1) Making repairs to vessels to reduce the quantity of oily waste generated during fishing voyages; (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 VerDate Sep<11>2014 17:06 Sep 13, 2018 Jkt 244001 compliance reports to the Coast Guard and to the Department of Justice. 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 of America v. Azure Fishery LLC et al., D.J. Ref. No. 90–5–1–1–11849. 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 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 $14.25 (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. 2018–19969 Filed 9–13–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Comment Request; Unemployment Compensation for Federal Employees Handbook No. 391 ACTION: Notice. The Department of Labor’s (DOL’s), Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled ‘‘Unemployment Compensation for Federal Employees Handbook No. SUMMARY: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 391.’’ This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). Consideration will be given to all written comments received by November 13, 2018. DATES: 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 by contacting Derrick Holmes by telephone at (202) 693–3205, TTY 1–877–889–5627 (these are not toll-free numbers), or by email at Holmes.Derrick@dol.gov. Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor, Employment and Training Administration, Office of Unemployment Insurance, Room S– 4520, 200 Constitution Avenue NW, Washington, DC 20210, by email at Holmes.Derrick@dol.gov, or by Fax at (202) 693–3975. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Candace Edens by telephone at (202) 693–3195 (this is not a toll-free number) or by email at Edens.Candace@dol.gov. DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the Office of Management and Budget (OMB) for final approval. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. Title 5 U.S.C. 8506 states that ‘‘[E]ach agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements, or to the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the entitlement of the Federal employee to compensation under this subchapter.’’ The information shall include the findings of the employing agency concerning: SUPPLEMENTARY INFORMATION: E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Page 46760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19969]



[[Page 46760]]

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DEPARTMENT OF JUSTICE


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

    On September 7, 2018, the Department of Justice lodged a proposed 
partial consent decree with the United States District Court for the 
District of Hawaii in United States of America v. Azure Fishery LLC et 
al., Civil Action No. 1:18-cv-00339.
    The complaint in this Clean Water Act (``CWA'') case was filed 
against the defendants on the same day as the lodging of the consent 
decree. The complaint alleges claims against the Hawaii-based longline 
fishing companies Azure Fishery LLC and Linh Fishery LLC and 
individuals Hanh Nguyen, Khang Dang, Andy Hoang, and Tuan Hoang. The 
complaint addresses illegal discharges of oil from the commercial 
longline fishing vessel Jaxon T, now known as the St. Joseph, as well 
as related violations of the Coast Guard's pollution control 
regulations, including failure to provide sufficient capacity to retain 
oily bilge waste on board the vessel. The complaint alleges that Azure 
Fishery LLC, company members and managers Hanh Nguyen and Khang Dang, 
and vessel operator Andy Hoang are each liable for civil penalties 
stemming from violations of the CWA, 33 U.S.C. 1321. The United States 
seeks injunctive relief from these same defendants and Linh Fishery 
LLC, which is the current owner of the vessel. The complaint also 
includes a claim under the Federal Debt Collection Procedures Act, 28 
U.S.C. 3001 et seq., against Linh Fishery LLC, Hanh Nguyen, Khang Dang, 
and Tuan Hoang concerning the fraudulent conveyance of the Jaxon T 
after the Coast Guard discovered the violations.
    Under the proposed partial consent decree, defendants Nguyen and 
Dang will pay a total of $475,000. Under the terms of the CWA, the 
penalties paid for these violations will be deposited in the federal 
Oil Spill Liability Trust Fund managed by the National Pollution Funds 
Center. In addition, the settling defendants will perform corrective 
measures to remedy the violations and prevent future violations in 
their fleet of twenty-five longline fishing vessels. Required actions 
include: (1) Making repairs to vessels to reduce the quantity of oily 
waste generated during fishing voyages; (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 to the Department 
of Justice.
    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 of America v. Azure Fishery LLC et 
al., D.J. Ref. No. 90-5-1-1-11849. 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 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 $14.25 (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. 2018-19969 Filed 9-13-18; 8:45 am]
 BILLING CODE 4410-15-P