[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Notices]
[Pages 17053-17054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8570]


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DEPARTMENT OF TRANSPORTATION

Coast Guard
[ALJ 99-0002 CIV]


In the Matter of Ashland, Inc.

AGENCY: United States Coast Guard, DOT.

ACTION: Notice of proposed penalty; opportunity to participate.

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SUMMARY: The United States Coast Guard gives notice of the proposed

[[Page 17054]]

assessment of a Class II administrative penalty against Ashland Inc. 
for violations of the Federal Water Pollution Control Act (FWPCA). The 
alleged violations involve the discharge of approximately 1100 barrels 
of oil into and upon the waters of the Big Sandy River, Catlettsburg, 
Kentucky and adjoining navigable waters of the United States on or 
about December 21, 1997. Interested persons may participate or file 
comments in this proceeding.

DATES: Filings in this matter must be received no later than May 7, 
1999.

ADDRESSES: Interested persons must submit all filings in this 
proceeding to the Hearing Docket Clerk. Filings should reference ALJ 
Docket number 99-0002-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) 962-1742.
    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 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 no later than May 7, 1999. 
(33 CFR 20.404).
    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
                                           Notice of any
                                          hearing;
                                           A reasonable
                                          opportunity to be heard and to
                                          present evidence during any
                                          hearing; and
                                           Notice and a copy of
                                          the decision
                                                 33 CFR 20.404
the proceeding is concluded without a    You may petition the Commandant
 hearing..                                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: 99-0002-CIV) results from an 
alleged discharge of approximately 1100 barrels of oil into Big Sandy 
River, Catlettsburg, Kentucky and adjoining navigable waters of the 
United States on or about December 21, 1997 and the following alleged 
violations of pollution prevention regulations.
    (1) failure to terminate a transfer between the facility and a tank 
vessel when the person in charge of the vessel departed,
    (2) failure to remain with the vessel during a transfer between the 
tank vessel and the facility;
    (3) failure to maintain surveillance of that vessel by using a 
person who is responsible for the security of the vessel; and,
    (4) failure to have a means of communication between the person in 
charge of the vessel transfer operation and the facility transfer 
operation.
    The Coast Guard filed the Complaint on January 11, 1999 at New 
Orleans, LA.
    The Respondent is Ashland, Inc., 1000 Ashland Drive, Russell, 
Kentucky 41169.
    The Coast Guard seeks a civil penalty of $50,000.

    Dated: March 25, 1999.
George J. Jordan,
Director of Judicial Administration, Office of the Chief 
Administrative, Law Judge, United States Coast Guard.
[FR Doc. 99-8570 Filed 4-6-99; 8:45 am]
BILLING CODE 4910-15-P