Notice of Availability of a Draft Damage Assessment and Restoration Plan and Environmental Assessment for the M/V ATHOS I Oil Spill; Request for Comments, 430-432 [E8-31042]

Download as PDF 430 Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices used for the continued operation and maintenance of the sites. The fees proposed are as follows: Cabot Cabin would have an overnight rental fee of $30. There would be a $10 fee for overnight camping at Sawyer Pond Tentsite; and Zealand Picnic Area would be added to the Forest-wide Recreation Pass program. National recreation passes such as the Interagency Annual Pass, Senior Pass, Access Pass, or White Mountain National Forest Annual Pass would be valid for day use fees at these sites. DATES: Comments on the proposal will be accepted through July 15, 2009. Cabot Cabin will become available for rent January 1, 2010 through the National Recreation Reservation Service. Fees for Sawyer Pond and Zealand Picnic Area are payable on site and will go into effect May 15, 2010, pending a recommendation from the Eastern Region Recreation Resource Advisory Committee (RRAC). Forest Supervisor, White Mountain National Forest, 719 No. Main St., Laconia, NH 03246. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Marianne Leberman, Recreation Wilderness Program Leader (603) 528– 8751. Information about the proposed fee changes can also be found on the White Mountain National Forest Web site: http://www.fs.fed.us/r9/white. The Federal Recreation Lands Enhancement Act (Title VII, Public Law 108–447) directed the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established. Prior to these fees going into effect, the White Mountain National Forest will present this proposal to the Eastern Region Recreation Resource Advisory Committee (RRAC). The Federal Lands Recreation Enhancement Act requires a recommendation from the Eastern Region Recreation Resource Advisory Committee (RRAC) prior to a decision and implementation. People wanting to rent Cabot Cabin will need to do so through the National Recreation Reservation Service, at http://www.recreation.gov or by calling 1–877–444–6777. The National Recreation Reservation Service charges a $10 fee for reservations. mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: Dated: December 23, 2008. Thomas G. Wagner, White Mountain National Forest Supervisor. [FR Doc. E8–31223 Filed 1–5–09; 8:45 am] BILLING CODE 3410–11–M VerDate Nov<24>2008 16:52 Jan 05, 2009 Jkt 217001 DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION [A–570–849] Certain Cut–to-Length Carbon Steel Plate from the People’s Republic of China: Notice of Extension of Time Limit for Final Results of New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 6, 2009. FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4852. SUPPLEMENTARY INFORMATION: Background Extension of Time Limits for Final Results Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(i)(1) require the Department to issue the final results of a new shipper review within 90 days after the date on which the preliminary results were issued. The Department may, however, extend the 90-day period for completion of the final results of a new shipper review to 150 days if it determines that the case is extraordinarily complicated. See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). The Department has extended the deadline for parties to submit publicly available information to value factors of production, and the deadline for parties to submit case briefs and rebuttal briefs in order to address several issues raised by interested parties. As a result of these Frm 00003 Dated: December 29, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E8–31459 Filed 1–5–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE On November 13, 2008, the Department of Commerce (‘‘Department’’) published the preliminary results of the new shipper review of the antidumping duty order on certain cut–to-length carbon steel from the People’s Republic of China, covering the period November 1, 2006, through October 31, 2007, for the following exporter Hunan Valin Xiangtan Iron & Steel Co. Ltd. (‘‘Valin Xiangtan’’). See Certain Cut–to-Length Carbon Steel from the People’s Republic of China: Preliminary Results of New Shipper Review, 73 FR 67124 (November 13, 2008) (‘‘Preliminary Results’’). The final results are currently due on February 4, 2009. PO 00000 extensions and the complex issues raised in this new shipper review, including by–product offsets, the Department determines that this new shipper review is extraordinarily complicated and it cannot complete this new shipper review within the current time limit. Accordingly, the Department is extending the time limit for the completion of the final results by 30 days from February 4, 2009, until Friday, March 6, 2009, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2). We are issuing and publishing this notice in accordance with sections 751(2)(B) and 777(i)(1) of the Act. Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration Notice of Availability of a Draft Damage Assessment and Restoration Plan and Environmental Assessment for the M/V ATHOS I Oil Spill; Request for Comments AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. SUMMARY: The Natural Resource Trustees (Trustees) for this project (identified below) have written a Draft Damage Assessment and Restoration Plan and Environmental Assessment (Draft DARP/EA) that describes proposed alternatives for restoring natural resource injuries and compensating for recreational losses resulting from the November 26, 2004, oil spill at a refinery in Paulsboro, New Jersey, into the Delaware River. The purpose of this notice is to inform the public of the availability of the Draft DARP/EA and to seek written comments on the proposed restoration alternatives. DATES: Comments on the Draft DARP/ EA must be submitted in writing on or before February 20, 2009. ADDRESSES: Written comments on the Draft DARP/EA should be submitted to: NOAA/GCNR, Room 15107, 1315 East West Highway, Silver Spring, MD 20910, FAX: 301–713–1229. Alternatively, comments may be submitted electronically to the following e-mail address: NOS.AthosComments@noaa.gov. All comments received, including names E:\FR\FM\06JAN1.SGM 06JAN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices and addresses, will become part of the public record. The Draft DARP/EA is available at: http://www.darrp.noaa.gov/northeast/ athos/index.html. FOR FURTHER INFORMATION CONTACT: Linda Burlington, NOAA/GCNR, Room 15107, 1315 East West Highway, Silver Spring, MD 20910. SUPPLEMENTARY INFORMATION: On November 26, 2004, the M/T ATHOS I (Athos) struck a large, submerged anchor while preparing to dock at a refinery in Paulsboro, New Jersey. The anchor punctured the vessel’s bottom, resulting in the discharge of nearly 265,000 gallons of crude oil into the Delaware River and nearby tributaries. Federal, state, and local agencies responded to the incident to supervise and assist in clean-up and begin assessing the impact of the spill on natural resources. Under the federal Oil Pollution Act (OPA), two federal government agencies—the National Oceanic and Atmospheric Administration (NOAA), of the Department of Commerce, and U.S. Fish and Wildlife Service (USFWS), of the Department of the Interior—and the three affected states—New Jersey (NJ), Pennsylvania (PA), and Delaware (DE)— are responsible for restoring natural resources injured by the Athos spill with funding from the responsible party (RP) or, where an RP does not exist or exceeds its limit of liability, the Oil Spill Liability Trust Fund (OSLTF) administered by the U.S. Coast Guard (USCG). The two federal agencies and the three affected states, acting as Trustees on the public’s behalf, have conducted a natural resource damage assessment (NRDA) to determine the nature and extent of natural resource losses resulting from this incident and the restoration actions needed to restore these losses. The NRDA was conducted using the OPA NRDA regulations found at 15 CFR Part 990. On the basis of data provided by the NRDA, the Athos Trustees prepared this Draft Damage Assessment and Restoration Plan/ Environmental Assessment (Draft DARP/EA) to consider restoration alternatives. The purpose of presenting this Draft DARP/EA for comment is to inform the public about the NRDA and restoration planning efforts that were conducted following the oil spill incident. Further, the Trustees seek comments on the proposed restoration alternatives presented in this Draft DARP/EA, and will consider written comments received during the public comment period before developing the Final Restoration Plan (Final Plan). VerDate Nov<24>2008 16:52 Jan 05, 2009 Jkt 217001 Injury assessments conducted by the Trustees and other experts determined that the following natural resources and recreational services were affected by the spill: Shoreline (including tributary and non-tributary losses); aquatic; birds; and recreational services (lost use). The four injury reports are: • Shoreline Injury Assessment: M/T ATHOS I Oil Spill • Bird and Wildlife Injury Assessment: M/T ATHOS I Oil Spill, Delaware River System • Aquatic Injury Assessment: M/T ATHOS I Oil Spill, Delaware River System • Lost Use Valuation Report These injury assessment reports are now available in the Administrative Record at http://www.darrp.noaa.gov/ northeast/athos/admin.html. The Trustees considered numerous restoration alternatives to compensate the public for spill-related injuries and to restore similar types of resources, and the services provided by the resources, that were injured by the spill. After evaluating the proposals, the Trustees identified and recommend each of the following preferred restoration projects for implementation once the DARP is finalized. For your information, a summary is provided below of the nine restoration projects proposed by the trustees. When submitting comments on these nine projects, please refer to the specific details outlined in the DARP. If, based on comments received, significant changes are required for any of the proposed projects, an alternative plan will be proposed for public consideration. (1) Freshwater tidal wetlands restoration at John Heinz National Wildlife Refuge (PA) The Trustees propose to restore 7 acres of freshwater tidal wetland to benefit 56 acres within John Heinz National Wildlife Refuge to compensate for tributary losses. This project would restore tidal exchange to the proposed site through tidal channels, shallow pools, and shrub/ scrub wetland habitat. (2) Create oyster reef sanctuaries (NJ, DE) The Trustees propose to create roughly 78 acres of oyster reef sanctuary in the Delaware River to compensate for injuries to aquatic resources, diving birds, and gulls. The oyster reefs enhance benthic communities, increase aquatic food for fish and birds, and improve water quality by filtering out sediments and pollutants from the water column. (3) Darby Creek dam removal and habitat restoration (PA) The Trustees propose to remove three dams from Darby Creek in southeastern PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 431 Pennsylvania to open up an additional 2.6 miles of habitat to anadromous fish, and restore about 10 acres of riparian habitat along the creek edges. Dam removal and riparian habitat projects would compensate for tributary losses. (4) Habitat restoration at Mad Horse Creek (NJ) The Trustees propose to restore 62.5 acres of degraded wetland and create 35 acres of wet meadow and 100 acres of grassland at state-owned property on Mad Horse Creek (NJ). The proposed wetland restoration would compensate for non-tributary shoreline losses and a portion of bird loss. The increase in upland vegetation (wet meadow and grassland habitat) would serve as food sources that can reasonably be expected to enhance bird biomass, thereby compensating for a portion of the total bird loss. (5) Shoreline restoration at Lardner’s Point (PA) The Trustees propose to restore shoreline through the demolition of existing structures, import of fill material, grading of the site to restore tidal inundation, and creation of intertidal marsh and wet meadow habitat. This shoreline restoration project would have multiple benefits in the urban part of the river that was heavily impacted by the spill. (6) Blackbird Reserve Wildlife Area Pond and Pasture Enhancement (DE) The Trustees propose to excavate two shallow wetland ponds in former agricultural areas, convert 16 acres of agricultural lands to cool-season grass pasture, and establish 24 acres of food plots by modifying existing agricultural practices. Conversion of existing agricultural land to pond and pasture habitat and modification of existing agricultural practices would provide resting and foraging areas targeted to migratory geese. Improve recreational opportunities (PA, NJ, DE) The Trustees propose to implement three projects to address the estimated 41,709 river trips that were affected by the spill: (7) Improve the Stow Creek (NJ) boat ramp; (8) Create an additional breakwater at Augustine Boat Ramp (DE) to address ongoing shoaling immediately offshore of the boat ramp; and (9) Enhance the recreational trail on Little Tinicum Island (PA). The U.S. Coast Guard (USCG) has determined that the Responsible Party has exceeded its limit of liability under OPA. Therefore, the Final Plan will be submitted to the Oil Spill Liability Trust Fund (OSLTF) as part of a claim for funds to implement the selected restoration projects. The OSLTF is administered by the USCG. It was established and is maintained by a fee E:\FR\FM\06JAN1.SGM 06JAN1 432 Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices paid by industry based on the amount of oil shipped. Council Tuesday, January 27, 2009 Wednesday, January 28, 2009 Administrative Record The Council meeting will begin at 1 p.m. with a review of the agenda and minutes. From 1:15 p.m. - 5:30 p.m., the Council will receive public testimony on exempted fishing permits (EFPs), if any; the Final Aquaculture Fishery Management Plan (FMP), Final Reef Fish Amendment 29; and hold an Open Public Comment Period regarding any fishery issue of concern. People wishing to speak before the Council should complete a public comment card prior to the comment period. From 5:30 p.m. - 6:30 p.m., the Council will review and discuss the report of the Joint Reef Fish/ Mackerel/Red Drum Committee. 8:30 am - 12 p.m. and 1:30 p.m. - 3 p.m. - The Reef Fish Management Committee will meet to discuss the Options Paper on Amendment/ Regulatory Amendment and Draft Environmental Impact Statement (DEIS) to address Longline/Turtle Interactions; Results of Referendum and Final Action on Reef Fish Amendment 29; White Paper on Pros and Cons of Red Snapper For-Hire Sector Management; and Consideration of (re)allocation Issues for those Species in Reef Fish Amendments 30A and 30B using the Allocation Policy. The committee will also receive a presentation on a device to reduce release mortality and may discuss goliath grouper activities. 3 p.m. - 4 p.m. - The Habitat Protection Committee will discuss summaries of the Habitat Protection Advisory Panel (AP) Meetings. 4 p.m. - 6:30 p.m. - The Mackerel Management Committee will meet to discuss the King Mackerel Stock Assessment as well as SSC and Mackerel AP recommendations and consider future management strategies. 6:30 p.m. - 7:30 p.m. - There will be an Informal Open Public Question and Answer Session. Pursuant to the OPA NRDA regulations, the Trustees have developed an Administrative Record to support their restoration planning decisions and inform the public of the basis of their decisions. Additional information and documents, including public comments received on this Draft DARP/EA, the Final Restoration Plan, and other related restoration planning documents, will also become part of the Administrative Record, and will be submitted to a public repository upon their completion. The documents comprising the public record (Administrative Record) can be viewed at http://www.darrp.noaa.gov/ northeast/athos/admin.html. Dated: December 19, 2008. Christopher C. Cartwright, Associate Assistant Administrator for Management and CFO/CAO, Ocean Services and Coastal Zone Management. [FR Doc. E8–31042 Filed 1–5–09; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XM52 Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Notice of public meetings. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene public meetings. DATES: The meetings will be held January 26–29, 2009. The meetings will be held at the Hollywood Casino, 711 Hollywood Blvd., Bay St. Louis, MS 39520. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. mstockstill on PROD1PC66 with NOTICES ADDRESSES: FOR FURTHER INFORMATION CONTACT: Richard Leard, Interim Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 16:52 Jan 05, 2009 Jkt 217001 Thursday, January 29, 2009 From 8:30 a.m. - 12 p.m. and 1:30 p.m. - 4:30 p.m., the Council will continue to review and discuss reports from the committee meetings as follows: Ad Hoc Allocation; Reef Fish Management; Mackerel Management; Joint Scientific and Statistical Committee (SSC) Selection/ Administrative Policy; Southeast Data and Review (SEDAR) Selection; Shrimp Management; Habitat Protection and Sustainable Fisheries/Ecosystem. From 4:30 p.m. - 4:45 p.m., the Council will Review/Approve the South Atlantic Fishery Management Council (SAFMC) Comprehensive Ecosystem-Based Amendment. Other Business items will follow from 4:45 p.m. - 5:15 p.m. The Council will conclude its meeting at approximately 5:15 p.m. Committees Monday, January 26, 2009 8:30 a.m. - 9 a.m. - CLOSED SESSION - The SEDAR Selection Committee and Full Council will meet to select participants for the Gag and Red Grouper SEDAR Assessment Update and the Black Grouper Data Workshop. 9 a.m. - 12 p.m. - CLOSED SESSION - The Budget/Personnel and Full Council will Interview and select the Executive Director. 1:30 p.m. - 2:30 p.m. - The Ad Hoc Allocation Committee will meet to discuss the Allocation Policy and the next steps. 2:30 p.m. - 5:30 p.m. - The Joint Reef Fish/Mackerel/Red Drum Management Committee will meet to discuss the Final Aquaculture FMP. 5:30 p.m. - 6 p.m. - The Sustainable Fisheries/Ecosystem Committee will meet to receive a status report on the Generic Annual Catch Limit/ Accountability Measures (ACL/AM) Amendment. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Wednesday, January 28, 2009 8:30 a.m. - 9 a.m. - The Shrimp Management Committee will meet to review the results of the 2008 Cooperative Texas Closure and consider recommendations for 2009. 9 a.m. - 11:30 a.m. - The Joint SSC Selection/Administrative Policy Committee will meet to discuss the National SSC Report; Council policies in Statement of Organization Practices and Procedures (SOPPs); and consideration of disbanding the Operator Permits Committee. Although other non-emergency issues not on the agendas may come before the Council and Committees for discussion, in accordance with the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions of the Council and Committees will be restricted to those issues specifically identified in the agendas and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take action to address the emergency. The established times for addressing items on the agenda may be adjusted as necessary to accommodate the timely completion of discussion E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Notices]
[Pages 430-432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31042]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Availability of a Draft Damage Assessment and 
Restoration Plan and Environmental Assessment for the M/V ATHOS I Oil 
Spill; Request for Comments

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

SUMMARY: The Natural Resource Trustees (Trustees) for this project 
(identified below) have written a Draft Damage Assessment and 
Restoration Plan and Environmental Assessment (Draft DARP/EA) that 
describes proposed alternatives for restoring natural resource injuries 
and compensating for recreational losses resulting from the November 
26, 2004, oil spill at a refinery in Paulsboro, New Jersey, into the 
Delaware River. The purpose of this notice is to inform the public of 
the availability of the Draft DARP/EA and to seek written comments on 
the proposed restoration alternatives.

DATES: Comments on the Draft DARP/EA must be submitted in writing on or 
before February 20, 2009.

ADDRESSES: Written comments on the Draft DARP/EA should be submitted 
to: NOAA/GCNR, Room 15107, 1315 East West Highway, Silver Spring, MD 
20910, FAX: 301-713-1229. Alternatively, comments may be submitted 
electronically to the following e-mail address: 
NOS.AthosComments@noaa.gov. All comments received, including names

[[Page 431]]

and addresses, will become part of the public record.
    The Draft DARP/EA is available at: http://www.darrp.noaa.gov/
northeast/athos/index.html.

FOR FURTHER INFORMATION CONTACT: Linda Burlington, NOAA/GCNR, Room 
15107, 1315 East West Highway, Silver Spring, MD 20910.

SUPPLEMENTARY INFORMATION: On November 26, 2004, the M/T ATHOS I 
(Athos) struck a large, submerged anchor while preparing to dock at a 
refinery in Paulsboro, New Jersey. The anchor punctured the vessel's 
bottom, resulting in the discharge of nearly 265,000 gallons of crude 
oil into the Delaware River and nearby tributaries. Federal, state, and 
local agencies responded to the incident to supervise and assist in 
clean-up and begin assessing the impact of the spill on natural 
resources. Under the federal Oil Pollution Act (OPA), two federal 
government agencies--the National Oceanic and Atmospheric 
Administration (NOAA), of the Department of Commerce, and U.S. Fish and 
Wildlife Service (USFWS), of the Department of the Interior--and the 
three affected states--New Jersey (NJ), Pennsylvania (PA), and Delaware 
(DE)--are responsible for restoring natural resources injured by the 
Athos spill with funding from the responsible party (RP) or, where an 
RP does not exist or exceeds its limit of liability, the Oil Spill 
Liability Trust Fund (OSLTF) administered by the U.S. Coast Guard 
(USCG).
    The two federal agencies and the three affected states, acting as 
Trustees on the public's behalf, have conducted a natural resource 
damage assessment (NRDA) to determine the nature and extent of natural 
resource losses resulting from this incident and the restoration 
actions needed to restore these losses. The NRDA was conducted using 
the OPA NRDA regulations found at 15 CFR Part 990. On the basis of data 
provided by the NRDA, the Athos Trustees prepared this Draft Damage 
Assessment and Restoration Plan/Environmental Assessment (Draft DARP/
EA) to consider restoration alternatives. The purpose of presenting 
this Draft DARP/EA for comment is to inform the public about the NRDA 
and restoration planning efforts that were conducted following the oil 
spill incident. Further, the Trustees seek comments on the proposed 
restoration alternatives presented in this Draft DARP/EA, and will 
consider written comments received during the public comment period 
before developing the Final Restoration Plan (Final Plan).
    Injury assessments conducted by the Trustees and other experts 
determined that the following natural resources and recreational 
services were affected by the spill: Shoreline (including tributary and 
non-tributary losses); aquatic; birds; and recreational services (lost 
use). The four injury reports are:
     Shoreline Injury Assessment: M/T ATHOS I Oil Spill
     Bird and Wildlife Injury Assessment: M/T ATHOS I Oil 
Spill, Delaware River System
     Aquatic Injury Assessment: M/T ATHOS I Oil Spill, Delaware 
River System
     Lost Use Valuation Report

These injury assessment reports are now available in the Administrative 
Record at http://www.darrp.noaa.gov/northeast/athos/admin.html. The 
Trustees considered numerous restoration alternatives to compensate the 
public for spill-related injuries and to restore similar types of 
resources, and the services provided by the resources, that were 
injured by the spill. After evaluating the proposals, the Trustees 
identified and recommend each of the following preferred restoration 
projects for implementation once the DARP is finalized. For your 
information, a summary is provided below of the nine restoration 
projects proposed by the trustees. When submitting comments on these 
nine projects, please refer to the specific details outlined in the 
DARP. If, based on comments received, significant changes are required 
for any of the proposed projects, an alternative plan will be proposed 
for public consideration.
    (1) Freshwater tidal wetlands restoration at John Heinz National 
Wildlife Refuge (PA) The Trustees propose to restore 7 acres of 
freshwater tidal wetland to benefit 56 acres within John Heinz National 
Wildlife Refuge to compensate for tributary losses. This project would 
restore tidal exchange to the proposed site through tidal channels, 
shallow pools, and shrub/scrub wetland habitat.
    (2) Create oyster reef sanctuaries (NJ, DE) The Trustees propose to 
create roughly 78 acres of oyster reef sanctuary in the Delaware River 
to compensate for injuries to aquatic resources, diving birds, and 
gulls. The oyster reefs enhance benthic communities, increase aquatic 
food for fish and birds, and improve water quality by filtering out 
sediments and pollutants from the water column.
    (3) Darby Creek dam removal and habitat restoration (PA) The 
Trustees propose to remove three dams from Darby Creek in southeastern 
Pennsylvania to open up an additional 2.6 miles of habitat to 
anadromous fish, and restore about 10 acres of riparian habitat along 
the creek edges. Dam removal and riparian habitat projects would 
compensate for tributary losses.
    (4) Habitat restoration at Mad Horse Creek (NJ) The Trustees 
propose to restore 62.5 acres of degraded wetland and create 35 acres 
of wet meadow and 100 acres of grassland at state-owned property on Mad 
Horse Creek (NJ). The proposed wetland restoration would compensate for 
non-tributary shoreline losses and a portion of bird loss. The increase 
in upland vegetation (wet meadow and grassland habitat) would serve as 
food sources that can reasonably be expected to enhance bird biomass, 
thereby compensating for a portion of the total bird loss.
    (5) Shoreline restoration at Lardner's Point (PA) The Trustees 
propose to restore shoreline through the demolition of existing 
structures, import of fill material, grading of the site to restore 
tidal inundation, and creation of intertidal marsh and wet meadow 
habitat. This shoreline restoration project would have multiple 
benefits in the urban part of the river that was heavily impacted by 
the spill.
    (6) Blackbird Reserve Wildlife Area Pond and Pasture Enhancement 
(DE) The Trustees propose to excavate two shallow wetland ponds in 
former agricultural areas, convert 16 acres of agricultural lands to 
cool-season grass pasture, and establish 24 acres of food plots by 
modifying existing agricultural practices. Conversion of existing 
agricultural land to pond and pasture habitat and modification of 
existing agricultural practices would provide resting and foraging 
areas targeted to migratory geese.
    Improve recreational opportunities (PA, NJ, DE) The Trustees 
propose to implement three projects to address the estimated 41,709 
river trips that were affected by the spill:
    (7) Improve the Stow Creek (NJ) boat ramp;
    (8) Create an additional breakwater at Augustine Boat Ramp (DE) to 
address ongoing shoaling immediately offshore of the boat ramp; and
    (9) Enhance the recreational trail on Little Tinicum Island (PA).
    The U.S. Coast Guard (USCG) has determined that the Responsible 
Party has exceeded its limit of liability under OPA. Therefore, the 
Final Plan will be submitted to the Oil Spill Liability Trust Fund 
(OSLTF) as part of a claim for funds to implement the selected 
restoration projects. The OSLTF is administered by the USCG. It was 
established and is maintained by a fee

[[Page 432]]

paid by industry based on the amount of oil shipped.

Administrative Record

    Pursuant to the OPA NRDA regulations, the Trustees have developed 
an Administrative Record to support their restoration planning 
decisions and inform the public of the basis of their decisions. 
Additional information and documents, including public comments 
received on this Draft DARP/EA, the Final Restoration Plan, and other 
related restoration planning documents, will also become part of the 
Administrative Record, and will be submitted to a public repository 
upon their completion.
    The documents comprising the public record (Administrative Record) 
can be viewed at http://www.darrp.noaa.gov/northeast/athos/admin.html.

    Dated: December 19, 2008.
Christopher C. Cartwright,
Associate Assistant Administrator for Management and CFO/CAO, Ocean 
Services and Coastal Zone Management.
[FR Doc. E8-31042 Filed 1-5-09; 8:45 am]
BILLING CODE 3510-JE-P