Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Notices 35679 

1 In the absence of specific Secretary’s designee, 

the Solicitor of Labor shall be the designee. 

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. 

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 

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. 

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 


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