[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19329-19330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10822]



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DEPARTMENT OF TRANSPORTATION

Coast Guard
[CGD 96-023]


In the Matter of Waxler Towing Company, Inc.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed penalty; opportunity to comment.

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SUMMARY: The Coast Guard gives notice of, and provides an opportunity 
to comment on, the proposed assessment of a Class II administrative 
penalty on Waxler Towing Company, Inc., for violations of the Federal 
Water Pollution Control Act (FWPCA). This proceeding arises as the 
result of a U.S. Coast Guard boarding of the T/B WTC-220 on January 24, 
1995 at the Marathon Oil Company facility at Mile 196 on the Upper 
Mississippi River. The Respondent is charged in six counts with 
violating the Federal Water Pollution Act, 33 U.S.C. Sec. 1251 et seq, 
as amended by the Oil Pollution Act of 1990, on January 24, 1995. Count 
One charges the Respondent with the failure to maintain adequate 
transfer procedures in violation of 33 C.F.R. Secs. 155.750(a)(2), 
155.750(a)(6), 155.750(a)(11), 155.750(a)(2), 155.750(b). Count Two 
charges the Respondent with the failure to comply with transfer 
procedures in violation of 33 C.F.R. 155.730. In Count Three, 
Respondent is charged with the failure to comply with the transfer hose 
requirements in violation of 33 C.F.R. 155.800. Count Four charges 
Respondent with conducting an unsafe oil transfer in violation of 33 
CFR Secs. 156.120(i), 156.120(j), 156.120(m) 156.120(p), 155.780, 
156.120(e) 156.120(t)(3). Count Five charges Respondent with the 
failure to have a

[[Page 19330]]

means of emergency shutdown in violation of 33 CFR 155.780. Count Six 
charges the failure to have an area within which to contain discharges 
in violation of 33 CFR 155.310(a)(1)(i).
    Interested persons may submit written comments on the proceeding, 
including comments on the amount of the proposed penalty, or written 
notice of intent to present evidence at any hearing held in the 
proceeding. Interested persons will be given notice of any hearing, a 
reasonable opportunity to be heard and to present evidence during any 
hearing, and notice of the decision. If no hearing is held, an 
interested person may, within 30 days after issuance of an order, 
petition the Commandant of the Coast Guard to set aside the order and 
to provide a hearing (33 CFR 20.1102).

DATES: Comments or notice of intent to present evidence at a hearing 
must be received not later than May 31, 1996.

ADDRESSES: Comments and requests for a hearing may be mailed to the 
Hearing Docket Clerk, Office of the Chief Administrative Law Judge, 
Commandant (G-CJ), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001, or may be delivered to room 6302 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Filings should reference docket number 96-0001-CIV. 
The administrative record for this proceeding is available for 
inspection 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: Notice of this proceeding is given pursuant 
to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as 
amended by the Oil Pollution Act of 1990 and the Coast Guard's Class II 
Civil Penalty regulations (33 CFR Part 20). The proceeding is initiated 
under Sec. 311(b) of the FWPCA (33 U.S.C. 1321(b)).
    Although no hearing is yet scheduled, the Coast Guard has asked 
that any hearing be held in St. Louis, Missouri.
    The following additional information is provided:

Respondent: Waxler Towing Company, Inc., P.O. Box 253, 486
Jack Carley Causeway, Memphis, TN 38101
Complaint Filed: April 3, 1996; St. Louis, MO
Docket Number: 96-0001-CIV
Amount of Proposed Penalty: $60,000
Charges: Count 1: Inadequate Transfer Procedures ($8,000)
Charges: Count 2: Noncompliance with Transfer Procedures ($4,000)
Charges: Count 3: Noncompliance with Transfer Hose Requirements 
($1,500)
Charges: Count 4: Conducting an Unsafe Transfer of Hazardous Material 
($40,000)
Charges: Count 5: No Emergency Shutdown ($5,000)
Charges: Count 6: No Containment System for Oil Discharges ($3,000)

    Dated: April 25, 1996.
George J. Jordan,
Director of Judicial Administration, Office of the Chief Administrative 
Law Judge, U.S. Coast Guard.
[FR Doc. 96-10822 Filed 4-30-96; 8:45 am]
BILLING CODE 4910-14-M