Notice of Intent To Conduct Restoration Planning, 37908-37910 [E6-10340]

Download as PDF sroberts on PROD1PC70 with NOTICES 37908 Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices nickel, 18 percent chromium, and 46 percent iron, and is most notable for its resistance to high temperature corrosion. It has a melting point of 1,390 degrees Celsius and displays a creep rupture limit of four kilograms per square millimeter at 1,000 degrees Celsius. This steel is most commonly used in the production of heating ribbons for circuit breakers and industrial furnaces, and in rheostats for railway locomotives. The product is currently available under proprietary trade names such as ‘‘Gilphy 36.’’3 Certain martensitic precipitation– hardenable stainless steel is also excluded from the scope of this order. This high–strength, ductile stainless steel product is designated under the Unified Numbering System as S45500– grade steel, and contains, by weight, 11 to 13 percent chromium, and seven to 10 percent nickel. Carbon, manganese, silicon and molybdenum each comprise, by weight, 0.05 percent or less, with phosphorus and sulfur each comprising, by weight, 0.03 percent or less. This steel has copper, niobium, and titanium added to achieve aging, and will exhibit yield strengths as high as 1,700 Mpa and ultimate tensile strengths as high as 1,750 Mpa after aging, with elongation percentages of 3 percent or less in 50 millimeters. It is generally provided in thicknesses between 0.635 and 0.787 millimeters, and in widths of 25.4 millimeters. This product is most commonly used in the manufacture of television tubes and is currently available under proprietary trade names such as ‘‘Durphynox 17.’’4 Finally, three specialty stainless steels typically used in certain industrial blades and surgical and medical instruments are also excluded from the scope of this order. These include stainless steel strip in coils used in the production of textile cutting tools (e.g., carpet knives).5 This steel is similar to AISI grade 420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. This steel is sold under proprietary names such as ‘‘GIN4 Mo.’’ The second excluded stainless steel strip in coils is similar to AISI 420–J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, silicon of between 0.20 and 0.50 percent, manganese of between 3 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A. 17’’ is a trademark of Imphy, S.A. 5 This list of uses is illustrative and provided for descriptive purposes only. 4 ‘‘Durphynox VerDate Aug<31>2005 17:12 Jun 30, 2006 Jkt 208001 0.45 and 0.80 percent, phosphorus of no more than 0.025 percent, and sulfur of no more than 0.020 percent. This steel has a carbide density on average of 100 carbide particles per 100 square microns. An example of this product is ‘‘GIN5’’ steel. The third specialty steel has a chemical composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, molybdenum of between 1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80 percent, phosphorus of no more than 0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of no more than 0.020 percent. This product is supplied with a hardness of more than Hv 500 guaranteed after customer processing, and is supplied as, for example, ‘‘GIN6.’’ Final Results of Review Based on our analysis in the Preliminary Results, we find that Hyundai is the successor–in-interest to INI. Based on evidence on the record, we find that Hyundai’s organizational structure, management, production facilities, supplier relationships, and customers have remained essentially unchanged since its name change from INI. Further, we find that Hyundai operates as the same business entity as INI. Because INI is excluded from the antidumping duty order on SSSSC from Korea, we will apply this determination retroactively and will instruct U.S. Customs and Border Protection to liquidate, without regard to antidumping duties, all unliquidated entries of subject merchandise produced and exported by Hyundai, and entered, or withdrawn from warehouse, for consumption on or after March 10, 2006, the date of INI’s name change to Hyundai, in accordance with past precedent. See Stainless Steel Wire Rod from Italy: Notice of Final Results of Changed Circumstances Antidumping Duty Review, 71 FR 24643 (Apr. 26, 2006); Certain Hot–Rolled Lead and Bismuth Carbon Steel Products from the United Kingdom: Final Results of Changed–Circumstances Antidumping and Countervailing Duty Administrative Reviews, 64 FR 66880 (Nov. 30, 1999). Notification This notice also serves as a final reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 352.305(a)(3). Timely notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.216. Dated: June 27, 2006. David M. Spooner, Assistant Secretaryfor Import Administration. [FR Doc. E6–10387 Filed 6–30–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Notice of Intent To Conduct Restoration Planning National Oceanic and Atmospheric Administration (NOAA), Commerce. SUMMARY: The National Oceanic and Atmospheric Administration (NOAA), along with the other natural resource trustees, has determined that the impacts of the November 26, 2004, discharge of crude oil from the M/T ATHOS I (Athos), over which such trustees have jurisdiction, warrant conducting a natural resource damage assessment that will include restoration planning. NOAA is hereby providing notice of efforts to plan restoration actions for injuries resulting from this incident. The purpose of this restoration planning is to evaluate potential injuries to natural resources and services, and use that information to determine the need for and scale of restoration actions. FOR FURTHER INFORMATION CONTACT: For further information, contact Jim Hoff at: NOAA, Damage Assessment Center, Room 10218, 1305 East-West Highway, Silver Spring, MD 20910–3281, 301– 713–3038, x 188 (ph), 301–713–4387 (fax), James.Hoff@noaa.gov. SUPPLEMENTARY INFORMATION: On November 26, 2004, the Athos, registered under the flag of Cyprus, owned by Frescati Shipping Company, Ltd., and operated by Taskos Shipping and Trading, discharged approximately 264,000 gallons of crude oil into the Delaware river and nearby tributaries. The owner and operator of the vessel may be ‘‘Responsible Parties’’ for this incident as defined by the Oil Pollution Act (OPA) 33 U.S.C. 2701 et seq. The final determination of liability for this incident is being considered by the U.S. Coast Guard. Numerous natural resources, including aquatic habitat and animals and the recreational uses they support, were exposed to the toxic and smothering effects of the oil discharged from the Athos. Adult and larval fish and shellfish, including the federallyAGENCY: E:\FR\FM\03JYN1.SGM 03JYN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices endangered shortnose sturgeon winter in certain areas of the Delaware River, and the waters around Little Tinicum Island are known to contain high numbers of pre-spawn and spawning striped bass in April and May. Delaware Bay supports commercial and natural oyster beds, commercial blue crab, horseshoe crab, and whelk fisheries, as well as a variety of recreational fisheries. Several rare tidal marsh plants are also found in the region, including wild rice, waterhemp ragweed, Walter’s barnyard grass, swamp-beggar-ticks, and marsh fleabane. Fresh to saltwater wetlands wild rice marshes, sand beaches, mud flats, and tidal creeks are among the environmentally important shorelines potentially affected by the spill. Bird and wildlife resources at risk include migrating marsh birds, egret and heron rookeries, eagles and osprey, and migratory shorebirds. The federallythreatened piping plover inhabits the Lower Delaware Bay. There are also a variety of mink, otter, turtles, and terrestrial fauna that use the affected area. Many types of recreation are also popular along the Delaware River in the areas affected by the spill, waterfowl hunting, boating, fishing, crabbing, as well as beach and other shoreline use. Under OPA, state and Federal agencies and Indian tribes are designated as natural resource trustees, responsible for assessing natural resource losses and restoring those losses to baseline conditions, i.e., the condition that would have been had the incident not occurred. Trustees for the Athos incident are the U.S. Department of Commerce, NOAA; U.S. Department of the Interior (DOI), Fish and Wildlife Service; Commonwealth of Pennsylvania, Department of Conservation and Natural Resources, Department of Environmental Protection, Game Commission, and Fish and Boat Commission; State of New Jersey, Department of Environmental Protection; and State of Delaware, Department of Natural Resources and Environmental Control. By agreement of the trustees, NOAA is serving as the lead administrative trustee. The trustees are designated pursuant to 33 U.S.C. 2706(b), Executive Order 12777, and the National Contingency Plan, 40 CFR 300.600 and 300.605. State laws (7 Del. C. Chapters 60, 62, and 91; N.J.S.A. § 13:lD—9f and 9q,; N.J.S.A. § 58:10– 23.11 et seq.; N.J.S.A. § 58:1OA–1 et seq; 35 P.S. § 6020.301(14); 30 Pa. C.S.A. § 2506; 35 P.S. § 691.605; 71 P.S. § 1340.101 et seq.) describe state trust resources, including the following: vegetated wetlands, surface waters, ground waters, air, soil, wildlife, aquatic VerDate Aug<31>2005 17:12 Jun 30, 2006 Jkt 208001 life, and the appropriate habitats on which they depend. DOI, through the involvement of the U.S. Fish and Wildlife Service, is trustee for natural resources described within the National Contingency Plan, 40 CFR 300.600(b)(2) and (3), which include the following and their supporting ecosystems: migratory birds, anadramous fish, endangered species and marine mammals, federally owned minerals, certain federally managed water resources, and natural resources located on, over, or under land administered by the DOI. NOAA’s trust resources include, but are not limited to, commercial and recreational fish species, anadramous and catadromous fish species, marshes and other coastal habitats, marine mammals, and endangered and threatened marine species. Immediately following the spill, the trustees initiated a number of preassessment data collection activities, pursuant to OPA, to make an initial determination as to whether natural resources or services have been injured or are likely to be injured by the discharge. Specific preassessment activities included shoreline (aerial and ground) and resource (e.g., bird and wildlife, horseshoe crab, etc.) surveys and ephemeral data collection (e.g., water, sediment, and fish and shellfish tissue samples). The trustees’ Preassessment Data Report details these preassessment data collection efforts, and provides laboratory results and supporting information. This Preassessment Data Report is available for review at: http:// www.darrp.noaa.gov/northeast/athos/ index.html. Findings from the preassessment efforts demonstrate or suggest four general areas of natural resource injuries: (1) Shorelines (marshes, sandy and coarse gravel beaches, tidal flats, etc.); (2) aquatic resources, particularly subtidal benthic habitat; (3) birds and wildlife; and (4) lost interim use of public services (fishing, hunting, and boating). The trustees have implemented or are developing studies to assess the extent of these injuries. Trustee Determinations: Following the notice of the discharge, the natural resource trustees have made the following determinations required by 15 CFR 990.41(a): The natural resource trustees have jurisdiction to pursue restoration pursuant to OPA, 33 U.S.C. 2702 and 2706(c); 40 CFR part 300, the OPA Natural Resource Damage Assessments Final Rule, 15 CFR part 990, 61 FR 440 (January 6, 1996); 7 Del. C. Chapters 60, 62, and 91; N.J.S.A. § 13:lD—9f and 9q, PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 37909 N.J.S.A. § 58:10–23.11 et seq.; N.J.S.A. § 58:1OA–1 et seq.; 35 P.S. § 6020.301(14); 30 Pa. C.S.A. § 2506; 35 P.S. § 691.605; 71 P.S. § 1340.101 et seq. The trustees have further determined that the discharge of crude oil into the Delaware River and its tributaries on November 26, 2004, was an incident, as defined in 15 CFR 990.30. This discharge was not permitted under state, Federal, or local law. The discharge was not from a public vessel. The discharge was not from an onshore facility subject to the TransAlaska Pipeline Authority Act, 43 U.S.C. 1651, et seq. Natural resources under the trusteeship of the natural resource trustees listed above may have been injured as a result of the incident. The crude oil discharged contains components that may be harmful to aquatic organisms, birds, wildlife, and vegetation. Vegetation, birds, and or aquatic organisms may have been exposed to the oil from this discharge, and injury to some flora and fauna and lost ecological services may have resulted from this incident. Because the conditions of 15 CFR 990.41(a) were met, as described above, the trustees made the further determination pursuant to 15 CFR 990.41(b) to proceed with preassessment. The owner and operator, at the invitation of the trustees, pursuant to 15 CFR 990.14(c), agreed to participate in the preassessment. Determination To Conduct Restoration Activities For the reasons discussed below, the natural resource trustees have made the determinations required by the 15 CFR 990.42(a) and are providing notice pursuant to 15 CFR 990.44 that they intend to conduct restoration planning in order to develop restoration alternatives that will restore, replace, rehabilitate, or acquire the equivalent of natural resources injured and/or natural resource services lost as a result of this incident. Injuries have resulted from this incident, the extent of which has not been fully determined at this time. The trustees base this determination upon data presented in the Preassessment Data Report, which were collected and analyzed pursuant to 15 CFR 990.43, which demonstrate that resources and services have been injured from this incident including, but not limited to, the following: (A) Shorelines: Preassessment shoreline surveys documented oil over 115 river miles (280 miles of shoreline) from the Tacony-Palmyra Bridge to E:\FR\FM\03JYN1.SGM 03JYN1 sroberts on PROD1PC70 with NOTICES 37910 Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Notices south of the Smyrna River in Delaware. Data have been collected on types of shorelines impacted and degree(s) of oiling that will be used to define the extent and degree of impact. (B) Birds and Wildlife: Aerial and ground surveys were conducted following the incident assess the species composition and abundance of birds in the spill area, as well as the extent and degree of oiling of non-recovered wildlife. By May 2005, a number of oiled birds were observed; 206 wild birds were collected dead, died at the rehabilitation center, or were unable to be released to the wild, and 337 birds were rehabilitated and released alive. Recovered wildlife that were collected dead or died at the rehabilitation center included three turtles, one squirrel, one opossum, one red fox, and one woodchuck. Two turtles were unable to be released to the wild and were placed domestically. The trustees have developed studies to determine the impact of the incident on birds and wildlife. (C) Aquatic resources: Oil was observed suspended though the water column and on the river bottom. The trustees collected numerous water, sediment, and fish and shellfish tissue samples that will be used to assess the effect of the incident on aquatic resources during the damage assessment. (D) Lost Use: Following the incident, hunting and boating advisories were issued in Delaware and New Jersey, closing certain areas. In Delaware, state lands were closed to hunting as far south as Cedar Swamp Wildlife Area. In New Jersey, the hunting advisory included most areas within five miles of the River from the Tacony-Palmyra Bridge to the nuclear power facility in Salem, NJ. The advisories were in effect for about two weeks. Although response actions were pursued, the nature of the discharge and the sensitivity of the environment precluded prevention of injuries to some natural resources. The trustees believe that injured natural resources could return to baseline through natural or enhanced recovery, but interim losses have occurred and will continue to occur until a return to baseline is achieved. Feasible compensatory restoration actions exist to address injuries from this incident. Restoration actions that could be considered may include, but are not limited to: Replanting native wetland vegetation in appropriate areas, creation, enhancement or protection of marsh or other habitat with similar service flows, protection of endangered species, removal of dams and VerDate Aug<31>2005 17:12 Jun 30, 2006 Jkt 208001 installation of fishways to enhance propagation of migratory fish, creation of oyster reef habitat, creation of submerged aquatic vegetation habitat, and creation of bird colony areas. Assessment procedures are available to evaluate the injuries and define the appropriate type and scale of restoration for the injured natural resources and services. Among these procedures are bird and marsh habitat injury assessment studies to be used in conjunction with the Resource Equivalency Analysis (REA) and Habitat Equivalency Analysis (HEA), respectively, to determine compensation for injuries to birds and marsh habitats. Models, comparisons to observations of injury resulting from similar incidents, or other methodologies are available for evaluating injuries to the ecosystem. Public Involvement: Pursuant to 15 CFR 990.44(c), the trustees seek public involvement in restoration planning for this incident, through public review of and comments on the documents contained in the administrative record.. The record is on file at the NOAA Damage Assessment Center in Silver Spring, Maryland, and can be viewed electronically at: http:// www.darrp.noaa.gov/northeast/athos/ index.html. NOAA, as the Lead Administrative Trustee, and on behalf of the natural resource trustees of the [the other trustees], pursuant to the determinations made above and in accordance with 15 CFR 990.44(d), hereby provides this Notice of Intent to Conduct Restoration Planning and invites its participation in conducting the restoration planning for this incident. collection of information requirements contained in the Standard for the Flammability (Open Flame) of Mattress Sets, 16 CFR part 1633, under OMB Control No. 3041–0133. FOR FURTHER INFORMATION CONTACT: Linda Glatz, Management and Program Analyst, at 301–504–7671, or e-mail at lglatz@cpsc.gov. SUPPLEMENTARY INFORMATION: On March 15, 2006, the Consumer Product Safety Commission published in the Federal Register, 71 FR 13472, a standard for the flammability (open flame) of mattresses pursuant to section 4 of Flammable Fabrics Act, 15 U.S.C. 1193. The standard requires manufacturers (including importers) of mattress sets to perform testing and maintain records of their testing and quality assurance programs, effective July 1, 2007. The Commission submitted the proposed collection of information requirements to OMB for review as required under the Paperwork Reduction Act, 44 U.S.C. 3501–3520. On June 8, 2006, OBM approved the collection of information and issued Control Number 3041–0133, with an expiration date of June 30, 2009. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number. We are providing this Notice to inform the public that the Commission has received OMB approval under Control Number 3041–0133. Dated: June 27, 2006. Ken Barton, Acting Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E6–10340 Filed 6–30–06; 8:45 am] BILLING CODE 6355–01–P BILLING CODE 3510–JE–P OMB Approval Under the Paperwork Reduction Act; Standard for the Flammability (Open Flame) of Mattress Sets Consumer Product Safety Commission. ACTION: Notice of OMB approval of collection of information. AGENCY: SUMMARY: This document announces the Office of Management and Budget’s (OMB) approval of the Commission’s Frm 00024 Fmt 4703 DEPARTMENT OF DEFENSE Office of the Secretary [No. DoD–2006–HA–0015] Submission for OMB Review; Comment Request CONSUMER PRODUCT SAFETY COMMISSION PO 00000 Dated: June 27, 2006. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E6–10400 Filed 6–30–06; 8:45 am] Sfmt 4703 ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). DATES: Consideration will be given to all comments received by August 2, 2006. Title, Form and OMB Number: TRICARE DoD/CHAMPUS Medical Claim Patient’s Request for Medical Payment; DD Form 2642; OMB Control Number 0720–0006. E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Pages 37908-37910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10340]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE


Notice of Intent To Conduct Restoration Planning

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA), 
along with the other natural resource trustees, has determined that the 
impacts of the November 26, 2004, discharge of crude oil from the M/T 
ATHOS I (Athos), over which such trustees have jurisdiction, warrant 
conducting a natural resource damage assessment that will include 
restoration planning. NOAA is hereby providing notice of efforts to 
plan restoration actions for injuries resulting from this incident. The 
purpose of this restoration planning is to evaluate potential injuries 
to natural resources and services, and use that information to 
determine the need for and scale of restoration actions.

FOR FURTHER INFORMATION CONTACT: For further information, contact Jim 
Hoff at: NOAA, Damage Assessment Center, Room 10218, 1305 East-West 
Highway, Silver Spring, MD 20910-3281, 301-713-3038, x 188 (ph), 301-
713-4387 (fax), James.Hoff@noaa.gov.

SUPPLEMENTARY INFORMATION: On November 26, 2004, the Athos, registered 
under the flag of Cyprus, owned by Frescati Shipping Company, Ltd., and 
operated by Taskos Shipping and Trading, discharged approximately 
264,000 gallons of crude oil into the Delaware river and nearby 
tributaries. The owner and operator of the vessel may be ``Responsible 
Parties'' for this incident as defined by the Oil Pollution Act (OPA) 
33 U.S.C. 2701 et seq. The final determination of liability for this 
incident is being considered by the U.S. Coast Guard. Numerous natural 
resources, including aquatic habitat and animals and the recreational 
uses they support, were exposed to the toxic and smothering effects of 
the oil discharged from the Athos. Adult and larval fish and shellfish, 
including the federally-

[[Page 37909]]

endangered shortnose sturgeon winter in certain areas of the Delaware 
River, and the waters around Little Tinicum Island are known to contain 
high numbers of pre-spawn and spawning striped bass in April and May. 
Delaware Bay supports commercial and natural oyster beds, commercial 
blue crab, horseshoe crab, and whelk fisheries, as well as a variety of 
recreational fisheries. Several rare tidal marsh plants are also found 
in the region, including wild rice, waterhemp ragweed, Walter's 
barnyard grass, swamp-beggar-ticks, and marsh fleabane. Fresh to 
saltwater wetlands wild rice marshes, sand beaches, mud flats, and 
tidal creeks are among the environmentally important shorelines 
potentially affected by the spill. Bird and wildlife resources at risk 
include migrating marsh birds, egret and heron rookeries, eagles and 
osprey, and migratory shorebirds. The federally-threatened piping 
plover inhabits the Lower Delaware Bay. There are also a variety of 
mink, otter, turtles, and terrestrial fauna that use the affected area. 
Many types of recreation are also popular along the Delaware River in 
the areas affected by the spill, waterfowl hunting, boating, fishing, 
crabbing, as well as beach and other shoreline use.
    Under OPA, state and Federal agencies and Indian tribes are 
designated as natural resource trustees, responsible for assessing 
natural resource losses and restoring those losses to baseline 
conditions, i.e., the condition that would have been had the incident 
not occurred. Trustees for the Athos incident are the U.S. Department 
of Commerce, NOAA; U.S. Department of the Interior (DOI), Fish and 
Wildlife Service; Commonwealth of Pennsylvania, Department of 
Conservation and Natural Resources, Department of Environmental 
Protection, Game Commission, and Fish and Boat Commission; State of New 
Jersey, Department of Environmental Protection; and State of Delaware, 
Department of Natural Resources and Environmental Control. By agreement 
of the trustees, NOAA is serving as the lead administrative trustee. 
The trustees are designated pursuant to 33 U.S.C. 2706(b), Executive 
Order 12777, and the National Contingency Plan, 40 CFR 300.600 and 
300.605. State laws (7 Del. C. Chapters 60, 62, and 91; N.J.S.A. Sec.  
13:lD--9f and 9q,; N.J.S.A. Sec.  58:10-23.11 et seq.; N.J.S.A. Sec.  
58:1OA-1 et seq; 35 P.S. Sec.  6020.301(14); 30 Pa. C.S.A. Sec.  2506; 
35 P.S. Sec.  691.605; 71 P.S. Sec.  1340.101 et seq.) describe state 
trust resources, including the following: vegetated wetlands, surface 
waters, ground waters, air, soil, wildlife, aquatic life, and the 
appropriate habitats on which they depend. DOI, through the involvement 
of the U.S. Fish and Wildlife Service, is trustee for natural resources 
described within the National Contingency Plan, 40 CFR 300.600(b)(2) 
and (3), which include the following and their supporting ecosystems: 
migratory birds, anadramous fish, endangered species and marine 
mammals, federally owned minerals, certain federally managed water 
resources, and natural resources located on, over, or under land 
administered by the DOI. NOAA's trust resources include, but are not 
limited to, commercial and recreational fish species, anadramous and 
catadromous fish species, marshes and other coastal habitats, marine 
mammals, and endangered and threatened marine species.
    Immediately following the spill, the trustees initiated a number of 
preassessment data collection activities, pursuant to OPA, to make an 
initial determination as to whether natural resources or services have 
been injured or are likely to be injured by the discharge. Specific 
preassessment activities included shoreline (aerial and ground) and 
resource (e.g., bird and wildlife, horseshoe crab, etc.) surveys and 
ephemeral data collection (e.g., water, sediment, and fish and 
shellfish tissue samples). The trustees' Preassessment Data Report 
details these preassessment data collection efforts, and provides 
laboratory results and supporting information. This Preassessment Data 
Report is available for review at: http://www.darrp.noaa.gov/northeast/
athos/index.html.
    Findings from the preassessment efforts demonstrate or suggest four 
general areas of natural resource injuries: (1) Shorelines (marshes, 
sandy and coarse gravel beaches, tidal flats, etc.); (2) aquatic 
resources, particularly subtidal benthic habitat; (3) birds and 
wildlife; and (4) lost interim use of public services (fishing, 
hunting, and boating). The trustees have implemented or are developing 
studies to assess the extent of these injuries.
    Trustee Determinations: Following the notice of the discharge, the 
natural resource trustees have made the following determinations 
required by 15 CFR 990.41(a):
    The natural resource trustees have jurisdiction to pursue 
restoration pursuant to OPA, 33 U.S.C. 2702 and 2706(c); 40 CFR part 
300, the OPA Natural Resource Damage Assessments Final Rule, 15 CFR 
part 990, 61 FR 440 (January 6, 1996); 7 Del. C. Chapters 60, 62, and 
91; N.J.S.A. Sec.  13:lD--9f and 9q, N.J.S.A. Sec.  58:10-23.11 et 
seq.; N.J.S.A. Sec.  58:1OA-1 et seq.; 35 P.S. Sec.  6020.301(14); 30 
Pa. C.S.A. Sec.  2506; 35 P.S. Sec.  691.605; 71 P.S. Sec.  1340.101 et 
seq.
    The trustees have further determined that the discharge of crude 
oil into the Delaware River and its tributaries on November 26, 2004, 
was an incident, as defined in 15 CFR 990.30.
    This discharge was not permitted under state, Federal, or local 
law.
    The discharge was not from a public vessel.
    The discharge was not from an onshore facility subject to the 
Trans-Alaska Pipeline Authority Act, 43 U.S.C. 1651, et seq.
    Natural resources under the trusteeship of the natural resource 
trustees listed above may have been injured as a result of the 
incident. The crude oil discharged contains components that may be 
harmful to aquatic organisms, birds, wildlife, and vegetation. 
Vegetation, birds, and or aquatic organisms may have been exposed to 
the oil from this discharge, and injury to some flora and fauna and 
lost ecological services may have resulted from this incident.
    Because the conditions of 15 CFR 990.41(a) were met, as described 
above, the trustees made the further determination pursuant to 15 CFR 
990.41(b) to proceed with preassessment. The owner and operator, at the 
invitation of the trustees, pursuant to 15 CFR 990.14(c), agreed to 
participate in the preassessment.

Determination To Conduct Restoration Activities

    For the reasons discussed below, the natural resource trustees have 
made the determinations required by the 15 CFR 990.42(a) and are 
providing notice pursuant to 15 CFR 990.44 that they intend to conduct 
restoration planning in order to develop restoration alternatives that 
will restore, replace, rehabilitate, or acquire the equivalent of 
natural resources injured and/or natural resource services lost as a 
result of this incident.
    Injuries have resulted from this incident, the extent of which has 
not been fully determined at this time. The trustees base this 
determination upon data presented in the Preassessment Data Report, 
which were collected and analyzed pursuant to 15 CFR 990.43, which 
demonstrate that resources and services have been injured from this 
incident including, but not limited to, the following:
    (A) Shorelines: Preassessment shoreline surveys documented oil over 
115 river miles (280 miles of shoreline) from the Tacony-Palmyra Bridge 
to

[[Page 37910]]

south of the Smyrna River in Delaware. Data have been collected on 
types of shorelines impacted and degree(s) of oiling that will be used 
to define the extent and degree of impact.
    (B) Birds and Wildlife: Aerial and ground surveys were conducted 
following the incident assess the species composition and abundance of 
birds in the spill area, as well as the extent and degree of oiling of 
non-recovered wildlife. By May 2005, a number of oiled birds were 
observed; 206 wild birds were collected dead, died at the 
rehabilitation center, or were unable to be released to the wild, and 
337 birds were rehabilitated and released alive. Recovered wildlife 
that were collected dead or died at the rehabilitation center included 
three turtles, one squirrel, one opossum, one red fox, and one 
woodchuck. Two turtles were unable to be released to the wild and were 
placed domestically. The trustees have developed studies to determine 
the impact of the incident on birds and wildlife.
    (C) Aquatic resources: Oil was observed suspended though the water 
column and on the river bottom. The trustees collected numerous water, 
sediment, and fish and shellfish tissue samples that will be used to 
assess the effect of the incident on aquatic resources during the 
damage assessment.
    (D) Lost Use: Following the incident, hunting and boating 
advisories were issued in Delaware and New Jersey, closing certain 
areas. In Delaware, state lands were closed to hunting as far south as 
Cedar Swamp Wildlife Area. In New Jersey, the hunting advisory included 
most areas within five miles of the River from the Tacony-Palmyra 
Bridge to the nuclear power facility in Salem, NJ. The advisories were 
in effect for about two weeks.
    Although response actions were pursued, the nature of the discharge 
and the sensitivity of the environment precluded prevention of injuries 
to some natural resources. The trustees believe that injured natural 
resources could return to baseline through natural or enhanced 
recovery, but interim losses have occurred and will continue to occur 
until a return to baseline is achieved.
    Feasible compensatory restoration actions exist to address injuries 
from this incident. Restoration actions that could be considered may 
include, but are not limited to: Replanting native wetland vegetation 
in appropriate areas, creation, enhancement or protection of marsh or 
other habitat with similar service flows, protection of endangered 
species, removal of dams and installation of fishways to enhance 
propagation of migratory fish, creation of oyster reef habitat, 
creation of submerged aquatic vegetation habitat, and creation of bird 
colony areas.
    Assessment procedures are available to evaluate the injuries and 
define the appropriate type and scale of restoration for the injured 
natural resources and services. Among these procedures are bird and 
marsh habitat injury assessment studies to be used in conjunction with 
the Resource Equivalency Analysis (REA) and Habitat Equivalency 
Analysis (HEA), respectively, to determine compensation for injuries to 
birds and marsh habitats. Models, comparisons to observations of injury 
resulting from similar incidents, or other methodologies are available 
for evaluating injuries to the ecosystem.
    Public Involvement: Pursuant to 15 CFR 990.44(c), the trustees seek 
public involvement in restoration planning for this incident, through 
public review of and comments on the documents contained in the 
administrative record.. The record is on file at the NOAA Damage 
Assessment Center in Silver Spring, Maryland, and can be viewed 
electronically at: http://www.darrp.noaa.gov/northeast/athos/
index.html.
    NOAA, as the Lead Administrative Trustee, and on behalf of the 
natural resource trustees of the [the other trustees], pursuant to the 
determinations made above and in accordance with 15 CFR 990.44(d), 
hereby provides this Notice of Intent to Conduct Restoration Planning 
and invites its participation in conducting the restoration planning 
for this incident.

    Dated: June 27, 2006.
Ken Barton,
Acting Director, Office of Response and Restoration, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E6-10340 Filed 6-30-06; 8:45 am]
BILLING CODE 3510-JE-P