Notice of Intent To Conduct Restoration Planning To Evaluate Potential Injuries to Natural Resources and Services Resulting From the Discharge of Oil From the Tank Barge (T/B) DBL 152 in the Gulf of Mexico, 15941-15943 [E9-7850]

Download as PDF Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: April 2, 2009. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–8004 Filed 4–7–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648–XO49 Caribbean Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. The Caribbean Fishery Management Council will hold public meetings to obtain input from fishers, the general public, and the local agencies representatives on the Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the United States Virgin Islands Concerning Bajo de Sico Seasonal Closure including a Regulatory Impact Review and an Environmental Assessment. DATES: The meetings will be held on the following dates and locations: •April 22, 2009, Frenchman’s Reef and Morning Star Hotel, 5 Estate Bakkeroe, St. Thomas, USVI •April 23, 2009, Buccaneer Hotel, Estate Shoys, Christtiansted, St. Croix, USVI •April 27, 2009, Mayaguez Resort and Casino, Rd. 104, Km. 0.3, Mayaguez, Puerto Rico All meetings will be held from 7 p.m. to 10 p.m. FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918–2577; telephone: (787) 766–5926. SUPPLEMENTARY INFORMATION: The Caribbean Fishery Management Council will hold public meetings to receive public input on the Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the United States Virgin Islands concerning Bajo de Sico seasonal closure including a Regulatory Impact Review and an Environmental Assessment. The purpose of this rwilkins on PROD1PC63 with NOTICES SUMMARY: VerDate Nov<24>2008 17:05 Apr 07, 2009 Jkt 217001 regulatory amendment is to protect the snapper and grouper spawning aggregations and the associated habitat from directed fishing pressure to achieve a more natural sex ratio, age and size structure, while minimizing adverse social and economic effects. Currently, the area is closed to all fishing activity from December 1 through the end of February, each year. In addition, fishing with pot, trap, bottom longlines, gillnets or trammel nets is prohibited year-round. The proposed management alternatives are: Action 1: Extend the closed season for Bajo de Sico (year-round gear restrictions already in place will not be affected) Alternative 1: No actiondo not extend the seasonal closure of Bajo de Sico. Alternative 2: (Preferred) Establish a 6 month closure of Bajo de Sico from October 1 to March 31 in order to provide better protection for spawning aggregations of large snappers and groupers as well as coral reef habitat. Option a: prohibit fishing for all species, including Highly Migratory Species (HMS) Option b: prohibit fishing for and possession of all species, including HMS Option c: prohibit fishing for Council managed species Option d: (Preferred) prohibit fishing for and possession of Council managed species Alternative 3: Establish a 6 month closure of Bajo de Sico from December 1 to May 31 in order to provide better protection for spawning aggregations of large snappers and groupers as well as coral reef habitat. Option a: prohibit fishing for all species, including HMS Option b: prohibit fishing for and possession of all species, including HMS Option c: prohibit fishing for Council managed species Option d: prohibit fishing for and possession of Council managed species Alternative 4: Extend closure of Bajo de Sico to 12 months in order to provide full protection for spawning aggregations of large snappers and groupers as well as coral reef habitat. Option a: prohibit fishing for all species, including HMS Option b: prohibit fishing for and possession of all species, including HMS Option c: prohibit fishing for Council managed species Option d: prohibit fishing for and possession of Council managed species Action 2: Prohibit anchoring by fishing vessels PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 15941 Alternative 1: No action—do not prohibit anchoring by fishing vessels Alternative 2: Prohibit anchoring for six (6 months). The six (6)-month closure will coincide with the closure period chosen in action 1. Alternative 3: (Preferred) Prohibit anchoring year round. Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during these meetings. Actions will be restricted to those issues specifically identified in this notice 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 final action to address the emergency. Special Accommodations These meetings are physically accessible to people with disabilities. For more information or request for sign language interpretation and other auxiliary aids, please contact Mr. Miguel A. Rolon, Executive Director, Caribbean Fishery Management Council, 268 Munoz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 00918–2577; telephone: (787) 766–5926, at least 5 days prior to the meeting date. Dated: April 3, 2009. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–8006 Filed 4–7–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Intent To Conduct Restoration Planning To Evaluate Potential Injuries to Natural Resources and Services Resulting From the Discharge of Oil From the Tank Barge (T/B) DBL 152 in the Gulf of Mexico AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Intent to Conduct Restoration Planning to evaluate potential injuries to natural resources and services resulting from the discharge of oil from the Tank Barge (T/B) DBL 152 in the Gulf of Mexico. NOAA also seeks public involvement in E:\FR\FM\08APN1.SGM 08APN1 15942 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices the restoration planning for this oil spill. rwilkins on PROD1PC63 with NOTICES SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) has determined that the impacts of the November 11, 2005, discharge of slurry oil from the Tank Barge (T/B) DBL 152, over which NOAA has jurisdiction as a natural resource trustee, warrant performing a natural resource damage assessment. NOAA is hereby providing notice of its intent to conduct restoration planning to evaluate potential injuries to natural resources and services resulting from this incident and to use that information to determine the need for and the scale of restoration actions to address these potential injuries. NOAA seeks public involvement in the restoration planning for this spill. Opportunities for public involvement are provided through public review and comment on documents contained in the Administrative Record, as well as on the Draft and Final Restoration Plans when they have been prepared. Public Involvement and Further Information: Pursuant to 15 CFR 990.44(c), NOAA seeks public involvement in restoration planning for this incident, through public review of and comments on the documents contained in the administrative record. Comments should be sent to: Troy Baker, NOAA Assessment and Restoration Division, LSU/Sea Grant Building, Room 124B, Baton Rouge, Louisiana 70803, 225–578–7921 (ph), 225–578–7926 (fax), Troy.Baker@noaa.gov. SUPPLEMENTARY INFORMATION: Oil Spill and Response Activities On November 11, 2005, while en route from Houston, Texas, to Tampa, Florida, the T/B DBL 152, owned and operated by K-Sea Transportation Partners, L.P. and K-Sea Operating Partnership, L.P. (collectively ‘‘K-Sea’’) allided with the unmarked, submerged remains of a pipeline service platform that collapsed in the western Gulf of Mexico during Hurricane Rita. The double-hulled barge was carrying approximately 119,793 barrels (5,031,317 gallons) of a blended mixture of heavier-than-water slurry oil. An estimated 45,846 barrels of oil (1,925,532 gallons) were discharged into federal waters of the Gulf of Mexico as a result of the allision (the Incident). Of this volume, an estimated 2,355 bbls (98,910 gallons) were recovered by divers. In total, 43,491 bbls (1,826,622 gallons) of unrecovered oil was left remaining in the environment. The discharge occurred in federal waters VerDate Nov<24>2008 17:05 Apr 07, 2009 Jkt 217001 approximately 35 nautical miles southsoutheast of Sabine Pass, Texas and Calcasieu Pass, Louisiana. Operations to locate, assess and recover the submerged oil were initiated shortly after the Incident occurred. Fullscale submerged oil recovery efforts using diver-directed pumping were initiated by early December 2005. Submerged oil cleanup activities were continued until January 12, 2006, at which time recovery operations were suspended by the Unified Command. Long-term monitoring of non-recovered submerged oil was initiated in January 2006 and continued for a period of approximately one year. Based on the results of long-term monitoring and ongoing feasibility constraints, no additional submerged oil recovery was performed after January 2006. As of July 2006, residual submerged oil had been found as far as 13 nautical miles from the accident site. The owner/operator of the vessel is a ‘‘Responsible Party’’ for this incident as defined by the Oil Pollution Act (OPA), 33 U.S.C. Section 2701 et seq. To date, the Responsible Party has cooperated with NOAA in the performance and/or funding of response, cleanup, and preassessment data collection activities. By letter dated May 10, 2007, the Responsible Party has committed to participate in a cooperative natural resource damage assessment. NOAA is the sole natural resource trustee for the DBL 152 Incident, as designated pursuant to 33 U.S.C. Section 2706(b), Executive Order 12777, and the National Contingency Plan, 40 CFR 300.600 and 300.605. 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, NOAA and the Responsible Party initiated a number of cooperative preassessment data collection activities, pursuant to OPA, to gather information to aid in 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 the collection and analysis of neat and weathered oil samples, benthic fauna and demersal fishes, and samples of sediments and water taken in the oiled areas. NOAA’s Preassessment Data Report details these preassessment data collection efforts, and provides summaries of laboratory results and supporting information. This Preassessment Data Report is available PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 for review at: https:// www.darrp.noaa.gov/southeast/dbl152/ index.html. NOAA’s Determination of Jurisdiction NOAA made the following determinations required by 15 CFR 990.41(a): (1) NOAA has 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, and 61 FR 440 (January 6, 1996). (2) The discharge of slurry oil into the Gulf of Mexico on November 11, 2005, was an incident, as defined in 15 CFR 990.30. (3) The discharge was not permitted under State, Federal, or local law; the discharge was not from a public vessel; and the discharge was not from an onshore facility subject to the TransAlaska Pipeline Authority Act, 43 U.S.C. 1651 et seq. (4) Natural resources under the trusteeship of NOAA may have been injured as a result of the incident. The slurry oil discharged contains components that may be harmful to aquatic organisms, birds, wildlife, and vegetation. Specifically, benthic and demersal invertebrate and vertebrate fauna were likely exposed to the oil from this discharge, and injury to those resources, as well as lost ecological services, may have resulted from the Incident. Based on the above findings, NOAA made the determination that it has jurisdiction to pursue restoration pursuant to OPA, 33 U.S.C. Sections 2702 and 2706(b)–(c). Determination To Conduct Restoration Activities For the reasons discussed below, NOAA has made the determinations required by 15 CFR 990.42(a) and is providing notice pursuant to 15 CFR 990.44 that it intends 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 the Incident. (1) Injuries have likely resulted from the Incident, though the extent of such injuries has not been fully determined at this time. NOAA bases this determination upon data presented in the Preassessment Data Report, which were collected and analyzed pursuant to 15 CFR 990.43. These data demonstrate the likelihood that natural resources and services have been injured from this incident including, but not limited to, benthic and demersal vertebrates and E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices invertebrates, which live on or near the ocean floor where the oil settled. The nature and extent of injuries will be determined during the damage assessment. (2) Response actions during cleanup have not fully addressed the injuries resulting from the Incident. Although response actions were initiated promptly, the nature and location of the discharge prevented recovery of all of the oil and precluded prevention of injuries to some natural resources. It is anticipated that injured natural resources will eventually return to baseline levels, but there is the potential for interim losses to have occurred and to continue to occur until a return to baseline is achieved. (3) Feasible compensatory restoration actions exist to address injuries from this incident. Restoration actions that could be considered may include, but are not limited to: creation or enhancement of offshore artificial reef structures; creation, restoration, enhancement or protection of marsh habitat; and marine debris removal. In addition, methods such as Habitat Equivalency Analysis exist to scale the amount of compensatory restoration required to offset ecological service losses resulting from this incident. rwilkins on PROD1PC63 with NOTICES Administrative Record NOAA has opened an Administrative Record (Record) in compliance with 15 CFR 990.45. The Record will include documents relied on by NOAA during the pre-assessment performed in conjunction with the Incident. To date the Record contains: (1) A copy of this notice; (2) A letter from NOAA to the Responsible Party inviting their participation in a cooperative natural resource damage assessment; (3) A letter from the Responsible Party to NOAA accepting the invitation to participate in a cooperative natural resource damage assessment and enclosing the ‘‘Guiding Principles for NOAA/K-Sea DBL 152 Cooperative Natural Resource Damage Assessment’’ that were developed and coordinated by NOAA and K-Sea to guide the cooperative NRDA for the Incident; and (4) The Preassessment Data Report prepared in conjunction with the preassessment activities arising from the Incident. The Record is on file at: NOAA Assessment & Restoration Division, ATTN: Troy Baker, Louisiana State University, Sea Grant Building, Room 124B, Baton Rouge, LA 70803, 225–578– 7921 (ph), 225–578–7926 (fax), TroyBaker@noaa.gov. VerDate Nov<24>2008 17:05 Apr 07, 2009 Jkt 217001 Dated: March 31, 2009. David G. Westerholm, Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E9–7850 Filed 4–7–09; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Docket No. 090402625–9626–01 Public Telecommunications Facilities Program: Notice of Availability of Funds AGENCY: National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce. ACTION: Notice of Availability of Funds; Catalog of Federal Domestic Assistance. SUMMARY: On October 20, 2008, the National Telecommunications and Information Administration (NTIA) announced the closing date for receipt of applications for the Public Telecommunications Facilities Program (PTFP). NTIA now announces that $18 million has been appropriated for fiscal year 2009 grants. DATES: Funds will be available for applications submitted by the originally announced deadline of December 18, 2008, as well as applications for certain digital television Distributed Transmission System (DTS) projects and replacement translator projects that must be received prior to 5 p.m. Eastern Daylight Time (Closing Time), Monday, May 18, 2009. ADDRESSES: To obtain a printed application package, submit completed applications, or send any other correspondence, write to PTFP at the following address: NTIA/PTFP, Room H–4812, U.S. Department of Commerce, 1401 Constitution Avenue, N.W., Washington, DC 20230. Application materials may be obtained electronically via the Internet at https:// www.ntia.doc.gov/ptfp or https:// www.grants.gov. FOR FURTHER INFORMATION CONTACT: William Cooperman, Director, Public Broadcasting Division, telephone: (202) 482–5802; fax: (202) 482–2156; or wcooperman@ntia.doc.gov. Information about the PTFP also can be obtained electronically via the Internet at https:// www.ntia.doc.gov/ptfp. SUPPLEMENTARY INFORMATION: On October 20, 2008, NTIA published a Notice of Closing Date for Solicitation of Applications for the FY 2009 PTFP PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 15943 grant round. The Notice established Thursday, December 18, 2008 as the Closing Date.1 The Notice indicated that ‘‘[i]ssuance of grants is subject to the availability of FY 2009 funds. At this time, the Congress has passed the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009. Public Law No. 110–329 (2008), to fund operations of the PTFP through March 6, 2009. Further notice will be made in the Federal Register about the final status of funding for this program at the appropriate time.’’ 2 As a result of subsequent Federal Communications Commission actions authorizing new digital television services, NTIA extended the Closing Date to May 18, 2009, for Distributed Transmission System (DTS) projects and for replacement digital television translators.3 On March 11, 2009, the Omnibus Appropriations Act, 2009, was signed into law.4 The Act appropriated $18 million for public telecommunications facilities planning and construction grants. These funds are now available to fund applications submitted in response to the Federal Register notices referenced above. Dated: April 3, 2009. Dr. Bernadette McGuire-Rivera, Associate Administrator, Office of Telecommunications and Information Applications. [FR Doc. E9–8003 Filed 4–7–09; 8:45 am] BILLING CODE 3510–60–S COMMODITY FUTURES TRADING COMMISSION Establishment of Risk Management Advisory Committee The Commodity Futures Trading Commission has determined to establish a new advisory committee, the Risk Management Advisory Committee. The purpose of the committee is to conduct public meetings and to make reports and recommendations to the Commission on risk management issues involving or relevant to participants in the markets regulated by the Commission. The reports and 1 Public Telecommunications Facilities Program: Closing Date, 73 Fed. Reg. 62,258 (Oct. 20, 2008) (PTFP Closing Date Notice). 2 73 Fed. Reg. at 62,258. 3 Public Telecommunications Facilities Program: Notice of Amended Closing Date for Solicitation of Applications, 73 Fed. Reg. 74,709 (Dec. 9, 2008). Public Telecommunications Facilities Program; Notice of Amended Solicitation of Applications, 74 Fed. Reg. 5643 (Jan. 30, 2009). 4 See Pub. L. No. 111–8. E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Notices]
[Pages 15941-15943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7850]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Intent To Conduct Restoration Planning To Evaluate 
Potential Injuries to Natural Resources and Services Resulting From the 
Discharge of Oil From the Tank Barge (T/B) DBL 152 in the Gulf of 
Mexico

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

ACTION: Notice of Intent to Conduct Restoration Planning to evaluate 
potential injuries to natural resources and services resulting from the 
discharge of oil from the Tank Barge (T/B) DBL 152 in the Gulf of 
Mexico. NOAA also seeks public involvement in

[[Page 15942]]

the restoration planning for this oil spill.

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

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) has 
determined that the impacts of the November 11, 2005, discharge of 
slurry oil from the Tank Barge (T/B) DBL 152, over which NOAA has 
jurisdiction as a natural resource trustee, warrant performing a 
natural resource damage assessment. NOAA is hereby providing notice of 
its intent to conduct restoration planning to evaluate potential 
injuries to natural resources and services resulting from this incident 
and to use that information to determine the need for and the scale of 
restoration actions to address these potential injuries.
    NOAA seeks public involvement in the restoration planning for this 
spill. Opportunities for public involvement are provided through public 
review and comment on documents contained in the Administrative Record, 
as well as on the Draft and Final Restoration Plans when they have been 
prepared.
    Public Involvement and Further Information: Pursuant to 15 CFR 
990.44(c), NOAA seeks public involvement in restoration planning for 
this incident, through public review of and comments on the documents 
contained in the administrative record. Comments should be sent to: 
Troy Baker, NOAA Assessment and Restoration Division, LSU/Sea Grant 
Building, Room 124B, Baton Rouge, Louisiana 70803, 225-578-7921 (ph), 
225-578-7926 (fax), Troy.Baker@noaa.gov.

SUPPLEMENTARY INFORMATION:

Oil Spill and Response Activities

    On November 11, 2005, while en route from Houston, Texas, to Tampa, 
Florida, the T/B DBL 152, owned and operated by K-Sea Transportation 
Partners, L.P. and K-Sea Operating Partnership, L.P. (collectively ``K-
Sea'') allided with the unmarked, submerged remains of a pipeline 
service platform that collapsed in the western Gulf of Mexico during 
Hurricane Rita. The double-hulled barge was carrying approximately 
119,793 barrels (5,031,317 gallons) of a blended mixture of heavier-
than-water slurry oil. An estimated 45,846 barrels of oil (1,925,532 
gallons) were discharged into federal waters of the Gulf of Mexico as a 
result of the allision (the Incident). Of this volume, an estimated 
2,355 bbls (98,910 gallons) were recovered by divers. In total, 43,491 
bbls (1,826,622 gallons) of unrecovered oil was left remaining in the 
environment. The discharge occurred in federal waters approximately 35 
nautical miles south-southeast of Sabine Pass, Texas and Calcasieu 
Pass, Louisiana.
    Operations to locate, assess and recover the submerged oil were 
initiated shortly after the Incident occurred. Full-scale submerged oil 
recovery efforts using diver-directed pumping were initiated by early 
December 2005. Submerged oil cleanup activities were continued until 
January 12, 2006, at which time recovery operations were suspended by 
the Unified Command. Long-term monitoring of non-recovered submerged 
oil was initiated in January 2006 and continued for a period of 
approximately one year. Based on the results of long-term monitoring 
and on-going feasibility constraints, no additional submerged oil 
recovery was performed after January 2006. As of July 2006, residual 
submerged oil had been found as far as 13 nautical miles from the 
accident site.
    The owner/operator of the vessel is a ``Responsible Party'' for 
this incident as defined by the Oil Pollution Act (OPA), 33 U.S.C. 
Section 2701 et seq. To date, the Responsible Party has cooperated with 
NOAA in the performance and/or funding of response, cleanup, and 
preassessment data collection activities. By letter dated May 10, 2007, 
the Responsible Party has committed to participate in a cooperative 
natural resource damage assessment. NOAA is the sole natural resource 
trustee for the DBL 152 Incident, as designated pursuant to 33 U.S.C. 
Section 2706(b), Executive Order 12777, and the National Contingency 
Plan, 40 CFR 300.600 and 300.605. 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, NOAA and the Responsible Party 
initiated a number of cooperative preassessment data collection 
activities, pursuant to OPA, to gather information to aid in 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 the collection and analysis of neat 
and weathered oil samples, benthic fauna and demersal fishes, and 
samples of sediments and water taken in the oiled areas. NOAA's 
Preassessment Data Report details these preassessment data collection 
efforts, and provides summaries of laboratory results and supporting 
information. This Preassessment Data Report is available for review at: 
https://www.darrp.noaa.gov/southeast/dbl152/.

NOAA's Determination of Jurisdiction

    NOAA made the following determinations required by 15 CFR 
990.41(a):
    (1) NOAA has 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, and 61 FR 440 (January 
6, 1996).
    (2) The discharge of slurry oil into the Gulf of Mexico on November 
11, 2005, was an incident, as defined in 15 CFR 990.30.
    (3) The discharge was not permitted under State, Federal, or local 
law; the discharge was not from a public vessel; and the discharge was 
not from an onshore facility subject to the Trans-Alaska Pipeline 
Authority Act, 43 U.S.C. 1651 et seq.
    (4) Natural resources under the trusteeship of NOAA may have been 
injured as a result of the incident. The slurry oil discharged contains 
components that may be harmful to aquatic organisms, birds, wildlife, 
and vegetation. Specifically, benthic and demersal invertebrate and 
vertebrate fauna were likely exposed to the oil from this discharge, 
and injury to those resources, as well as lost ecological services, may 
have resulted from the Incident.
    Based on the above findings, NOAA made the determination that it 
has jurisdiction to pursue restoration pursuant to OPA, 33 U.S.C. 
Sections 2702 and 2706(b)-(c).

Determination To Conduct Restoration Activities

    For the reasons discussed below, NOAA has made the determinations 
required by 15 CFR 990.42(a) and is providing notice pursuant to 15 CFR 
990.44 that it intends 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 the Incident.
    (1) Injuries have likely resulted from the Incident, though the 
extent of such injuries has not been fully determined at this time. 
NOAA bases this determination upon data presented in the Preassessment 
Data Report, which were collected and analyzed pursuant to 15 CFR 
990.43. These data demonstrate the likelihood that natural resources 
and services have been injured from this incident including, but not 
limited to, benthic and demersal vertebrates and

[[Page 15943]]

invertebrates, which live on or near the ocean floor where the oil 
settled. The nature and extent of injuries will be determined during 
the damage assessment.
    (2) Response actions during cleanup have not fully addressed the 
injuries resulting from the Incident. Although response actions were 
initiated promptly, the nature and location of the discharge prevented 
recovery of all of the oil and precluded prevention of injuries to some 
natural resources. It is anticipated that injured natural resources 
will eventually return to baseline levels, but there is the potential 
for interim losses to have occurred and to continue to occur until a 
return to baseline is achieved.
    (3) Feasible compensatory restoration actions exist to address 
injuries from this incident. Restoration actions that could be 
considered may include, but are not limited to: creation or enhancement 
of offshore artificial reef structures; creation, restoration, 
enhancement or protection of marsh habitat; and marine debris removal. 
In addition, methods such as Habitat Equivalency Analysis exist to 
scale the amount of compensatory restoration required to offset 
ecological service losses resulting from this incident.

Administrative Record

    NOAA has opened an Administrative Record (Record) in compliance 
with 15 CFR 990.45. The Record will include documents relied on by NOAA 
during the pre-assessment performed in conjunction with the Incident. 
To date the Record contains:
    (1) A copy of this notice;
    (2) A letter from NOAA to the Responsible Party inviting their 
participation in a cooperative natural resource damage assessment;
    (3) A letter from the Responsible Party to NOAA accepting the 
invitation to participate in a cooperative natural resource damage 
assessment and enclosing the ``Guiding Principles for NOAA/K-Sea DBL 
152 Cooperative Natural Resource Damage Assessment'' that were 
developed and coordinated by NOAA and K-Sea to guide the cooperative 
NRDA for the Incident; and
    (4) The Preassessment Data Report prepared in conjunction with the 
preassessment activities arising from the Incident.
    The Record is on file at: NOAA Assessment & Restoration Division, 
ATTN: Troy Baker, Louisiana State University, Sea Grant Building, Room 
124B, Baton Rouge, LA 70803, 225-578-7921 (ph), 225-578-7926 (fax), 
TroyBaker@noaa.gov.

    Dated: March 31, 2009.
David G. Westerholm,
Director, Office of Response and Restoration, National Ocean Service, 
National Oceanic and Atmospheric Administration.
[FR Doc. E9-7850 Filed 4-7-09; 8:45 am]
BILLING CODE 3510-JE-P
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