[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Notices]
[Page 37613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18555]


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DEPARTMENT OF TRANSPORTATION

Coast Guard
[USCG-1998-4022]


In the Matter of Union Pacific (Formerly Known as Southern 
Pacific Transportation Company)

AGENCY: United States Coast Guard, DOT.

ACTION: Notice of proposed penalty; opportunity to comment.

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SUMMARY: The United States Coast Guard gives notice of and provides an 
opportunity to comment on the proposed assessment of a Class II 
administrative penalty to Union Pacific, formerly known as Southern 
Pacific Transportation Company, for violations of the Federal Water 
Pollution Control Act (FWPCA). The alleged violations involved the 
discharge of approximately 1012 barrels of oil into the waters of 
Buffalo Bayou, Houston, Texas and adjoining shorelines from September 
25, 1995 to September 29, 1996. Interested persons may participate or 
file comments in this proceeding.

DATES: Filings in this matter must be received not later than August 
12, 1998.

ADDRESSES: Interested persons must submit all filings in this matter to 
the Hearing Docket Clerk. Filings should reference ALG Docket number 
98-0001-CIV.
    If you file by mail, the address is Hearing Docket Clerk, 
Administrative Law Judge Docketing Center, United States Coast Guard, 
40 South Gay Street, Room 412, Baltimore, Maryland 21202-4022.
    If you file by fax, then send to (410) 962-1762.
    If you file in person, then deliver the filings to the same address 
at room 412 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The public may inspect the administrative record for this Class II 
civil penalty proceeding at the same address and times.

FOR FURTHER INFORMATION CONTACT: Mr. George J. Jordan, Director of 
Judicial Administration, Office of the Chief Administrative Law Judge, 
Commandant (G-CJ), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001, Telephone (202) 267-2940.

SUPPLEMENTARY INFORMATION: This proceeding is a Class II civil penalty 
proceeding brought under section 311(b) of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), as amended by the Oil Pollution 
Act of 1990 (33 U.S.C. 1321(b)). The FWPCA requires that the Coast 
Guard publish notice of the proposed issuance of an order assessing a 
Class II civil penalty in the Federal Register.
    If you wish to be an interested person, you must file written 
comments on the proceeding or written notice of intent to present 
evidence at any hearing held in this Class II civil penalty proceeding 
with the Hearing Docket Clerk. You must file not later than August 12, 
1998.
    The following table explains how interested persons may participate 
in a Class II civil penalty proceeding.

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                    If                                  Then            
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A hearing is scheduled....................  You will be given           
                                            <bullet> Notice of any      
                                             hearing.                   
                                            <bullet> A reasonable       
                                             opportunity to be heard and
                                             to present evidence during 
                                             any hearing.               
                                            <bullet> Notice and a copy  
                                             of the decision. 33 CFR    
                                             20.404.                    
The proceeding is concluded without a       You may petition the        
 hearing.                                    Commandant of the Coast    
                                             Guard to set aside the     
                                             order and to provide a     
                                             hearing.                   
                                            You must file the petition  
                                             within 30 days after       
                                             issuance of the            
                                             administrative law judge's 
                                             order. 33 CFR 20.1102.     
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    You can find the regulations concerning Class II civil penalty 
proceedings in 33 CFR Part 20.
    This proceeding (ALJ Docket Number: 98-0001-CIV) results from an 
alleged discharge of approximately 1012 barrels of oil into Buffalo 
Bayou, Houston, Texas and adjoining shorelines beginning on or about 
September 25, 1995, and continuing through and including September 29, 
1995. The Coast Guard filed the Complaint on June 1, 1998, at New 
Orleans, LA.
    The Respondent is Union Pacific (formerly known as Southern Pacific 
Transportation Company), 808 Travis, Suite 620, Houston, Texas 77001.
    The Coast Guard seeks a civil penalty of $50,000.

    Dated: July 7, 1998.
George J. Jordan,
Director of Judicial Administration, Office of the Chief Administrative 
Law Judge, United States Coast Guard.
[FR Doc. 98-18555 Filed 7-10-98; 8:45 am]
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