Notice of Intent to Prepare a Programmatic Environmental Impact Statement and Conduct Restoration Planning to Compensate for Injuries to Natural Resources in Portland Harbor, Oregon, 5039-5040 [2010-2019]
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Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), the Department
has clarified its practice with respect to
the collection of final antidumping
duties on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders. See also the Import
Administration Web site at https://
ia.ita.doc.gov.
Six copies of the request should be
submitted to the Assistant Secretary for
Import Administration, International
Trade Administration, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230. The Department
also asks parties to serve a copy of their
requests to the Office of Antidumping/
Countervailing Operations, Attention:
Sheila Forbes, in room 3065 of the main
Commerce Building. Further, in
accordance with 19 CFR 351.303(f)(l)(i),
a copy of each request must be served
on every party on the Department’s
service list.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of February 2010. If the
Department does not receive, by the last
day of February 2010, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, the Department will
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of (or
bond for) estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from use, for consumption
and to continue to collect the cash
deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the POR.
This notice is not required by statute
but is published as a service to the
international trading community.
VerDate Nov<24>2008
18:35 Jan 29, 2010
Jkt 220001
Dated: January 26, 2010.
John M. Andersen
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–2061 Filed 1–29–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT38
Notice of Intent to Prepare a
Programmatic Environmental Impact
Statement and Conduct Restoration
Planning to Compensate for Injuries to
Natural Resources in Portland Harbor,
Oregon
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare a
programmatic environmental impact
statement and restoration plan; request
for comments; notice of public scoping
meeting.
SUMMARY: NOAA, the Department of the
Interior (U.S. Fish and Wildlife Service),
the Oregon Department of Fish and
Wildlife, the Nez Perce Tribe, the
Confederated Tribes of the Warm
Springs Indian Reservation of Oregon,
the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated
Tribes of Siletz Indians, and the
Confederated Tribes of the Grand Ronde
Community of Oregon are collectively
referred to as the ‘‘Trustees’’ for this
case. The Confederated Tribes and
Bands of the Yakima Nation, although a
Trustee for Portland Harbor, has
withdrawn from the Trustee Council
and is no longer participating in the
restoration planning efforts of the group
of Trustees identified here. The Trustees
for this case are providing notice of their
efforts to plan restoration projects to
compensate for injuries to natural
resources in Portland Harbor in the
Lower Willamette River. The Trustees
seek damages from potentially
responsible parties (PRPs) to restore,
rehabilitate, replace or acquire the
equivalent of natural resources and
services injured by the release of
hazardous substances. The Trustees will
prepare a programmatic environmental
impact statement (PEIS) to identify and
address the environmental impacts of
the proposed restoration, and they seek
public involvement in development of a
Draft Restoration Plan (RP). This notice
explains the scoping process the
PO 00000
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Fmt 4703
Sfmt 4703
5039
Trustees will use to gather input from
the public. Comments on what the
Trustees should consider in the PEIS
and RP may be submitted in written
form or verbally at a public scoping
meeting.
DATES: A preliminary public scoping
meeting date and time is scheduled as
follows:
Wednesday, March 3, 2010, 6–8 p.m.,
City of Portland’s Water Pollution
Control Laboratory, 6543 N. Burlington
Avenue, Portland, OR 97203
Written comments must be received
by March 15, 2010.
ADDRESSES: Written comments on
suggested alternatives and potential
impacts should be sent to Megan
Callahan Grant, NOAA Restoration
Center, 1201 NE Lloyd Blvd. ι1100,
Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT:
Megan Callahan Grant at (503) 231–2213
or e-mail at megan.callahangrant@noaa.gov.
Under the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA), 42 U.S.C. 9601
et seq., parties responsible for releasing
hazardous substances into the
environment are liable both for the costs
of responding to the release (by cleaning
up, containing or otherwise remediating
the release) and for damages arising
from injuries to publicly owned or
managed natural resources resulting
from the release. Natural resource
damage assessment (NRDA) is the
process of assessing the nature and
extent of the resulting injury,
destruction or loss of natural resources
and the services they provide. NRDA
also includes the process of determining
the compensation required to make the
public whole for such injuries,
destruction or loss. CERCLA authorizes
certain Federal and state agencies and
Indian tribes to be designated as
Trustees for affected natural resources.
Under CERCLA and implementing
regulations, these agencies and tribes
are authorized to assess natural resource
injuries and to seek compensation from
responsible parties, including the costs
of performing the damage assessment.
The Trustees are required to use
recovered damages only to restore,
replace or acquire the equivalent of the
injured or lost resources and services.
In January of 2007, the Portland
Harbor Trustee Council released a PreAssessment Screen (PAS) for the
Portland Harbor Superfund site. The
purpose of the PAS was to provide the
foundation for determining the need to
conduct a formal natural resource
SUPPLEMENTARY INFORMATION:
E:\FR\FM\01FEN1.SGM
01FEN1
jlentini on DSKJ8SOYB1PROD with NOTICES
5040
Federal Register / Vol. 75, No. 20 / Monday, February 1, 2010 / Notices
damage assessment as authorized by
CERCLA. The PAS concluded that
natural resources in the area have been
affected or potentially affected from
releases or discharges of contaminants.
Exposed living natural resources
include, but are not limited to: (1)
aquatic-dependent mammals such as
mink and river otter, and species they
depend on as prey items; (2) migratory
birds, including osprey, bald eagle,
mergansers and other waterfowl, great
blue heron, spotted sandpiper and other
shorebirds, cliff swallow, belted
kingfisher, and other species; (3)
threatened and endangered species; (4)
anadromous and resident fish, including
salmon and steelhead; (5) reptiles and
amphibians; (6) aquatic invertebrates;
(7) wapato and other aquatic plants.
Exposed habitat types and water natural
resources include wetland and upland
habitats, groundwater, and surface
water. The services that are provided by
these potentially affected natural
resources include, but are not limited to:
(1) habitat for trust resources, including
food, shelter, breeding, foraging, and
rearing areas, and other factors essential
for survival; (2) consumptive
commercial resource use such as
commercial fishing; (3) consumptive
recreational resource use such as
hunting and fishing; (4) nonconsumptive uses such as wildlife
viewing, photography, and other
outdoor recreation activities; (5) primary
and secondary contact activities such as
swimming and boating; (6) cultural,
spiritual, and religious use; (7) option
and existence values; (7) traditional
foods. Based on the conclusions of the
PAS, the Portland Harbor Trustee
Council has determined that proceeding
past the preassessment phase to a full
natural resource damage assessment is
warranted.
Scientific literature and studies being
conducted by the Trustees seek to
document injuries from hazardous
substances found in Portland Harbor.
The objective of these studies is to
demonstrate (1) how the contamination
has harmed the organisms that inhabit
the riverine sediments, (2) how the
contamination has harmed and the fish
and wildlife that come into contact with
the contaminated sediments or that eat
contaminated prey items, and (3) how
the harm to the natural resources has
impacted the people that use these
resources. Concurrent with the damage
assessment, the Trustees plan to carry
out restoration planning, seeking
comments from the public on how best
to make the public whole for injuries
documented through the damage
assessment.
VerDate Nov<24>2008
18:35 Jan 29, 2010
Jkt 220001
As restoration planning proceeds, the
Trustees will take advantage of
opportunities to settle natural resource
damage claims with willing parties. By
identifying criteria and guidance to be
used in selecting feasible restoration
projects, the plan will provide a
framework to maximize the benefits of
specific restoration projects to the
affected resources and services in the
defined areas of the Lower Willamette
River. The Trustees plan to consider
alternatives that may include: (1)
integrated habitat restoration actions
that will benefit multiple species and
services (those species listed above as
potentially affected by releases of
hazardous substances, such as salmon
and resident fish, mammals such as
mink and river otter, and aquaticdependent birds such as osprey and
bald eagle); (2) species-specific
restoration actions (for example,
augmenting a species population
through artificial production); and (3) a
no-action alternative (no action takes
place and the public is not
compensated). Additional alternatives
identified through the public
involvement process may also be
considered, to the extent that they
demonstrate a nexus to natural
resources injured by the release of
hazardous substances.
The National Environmental Policy
Act (NEPA), 42 U.S.C. 4321 et seq., and
the Council on Environmental Quality
regulations implementing NEPA under
40 CFR Chapter V, apply to restoration
actions by Federal trustees. These
authorities prescribe a scoping process
the purpose of which is to identify the
concerns of the affected public and
Federal agencies, states, and Indian
tribes, involve the public early in the
decision making process, facilitate an
efficient PEIS preparation process,
define the issues and alternatives that
will be examined in detail, and save
time by ensuring that draft documents
adequately address relevant issues. The
scoping process reduces paperwork and
delay by ensuring that important issues
are addressed early.
The Trustees will prepare an
Administrative Record (Record). The
Record will include documents that the
Trustees relied upon during the
development of the RP and PEIS. After
preparation, the Record will be on file
at the NOAA Restoration Center’s
offices in Portland, OR. Additional
documents and information will be
available at the following websites:
https://www.darp.noaa.gov/ and https://
www.fws.gov/oregonfwo/contaminants/
PortlandHarbor/default.asp
Release of a draft PEIS for public
comment is planned for late 2011.
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Specific dates and times for future
events will be publicized when
scheduled.
Dated: January 26, 2010.
Patricia A. Montanio,
Director, Office of Habitat Conservation,
National Marine Fisheries Service.
[FR Doc. 2010–2019 Filed 1–29–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2010–0004]
Extension of Period for Comments on
Enhancement in the Quality of Patents
AGENCY: United States Patent and
Trademark Office, Commerce.
ACTION: Request for comments.
SUMMARY: The United States Patent and
Trademark Office (USPTO) published a
notice in the Federal Register seeking
public comment directed to this focus
with respect to methods that may be
employed by applicants and the USPTO
to enhance the quality of issued patents,
to identify appropriate indicia of
quality, and to establish metrics for the
measurement of the indicia. The USPTO
is extending the period for public
comment until March 8, 2010.
Comment Deadline Date: March 8,
2010. No public hearing will be held.
ADDRESSES: Written comments should
be sent by electronic mail message over
the Internet addressed to
patent_quality_comments@uspto.gov.
Comments may also be submitted by
mail addressed to: Mail Stop
Comments—Patents, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA,
22313–1450, marked to the attention of
Kenneth M. Schor and Pinchus M.
Laufer. Although comments may be
submitted by mail, the USPTO prefers to
receive comments via the Internet.
The written comments will be
available for public inspection at the
Office of the Commissioner for Patents,
located in Madison East, Tenth Floor,
600 Dulany Street, Alexandria, Virginia,
and will be available via the USPTO
Internet Web site (address: https://
www.uspto.gov). Because comments will
be made available for public inspection,
information that is not desired to be
made public, such as an address or
phone number, should not be included
in the comments.
FOR FURTHER INFORMATION CONTACT: By
telephone: Pinchus M. Laufer, Legal
Advisor, at (571) 272–7726, or Kenneth
M. Schor, Senior Legal Advisor, at (571)
272–7710; by mail addressed to U.S.
E:\FR\FM\01FEN1.SGM
01FEN1
]]>Agencies
[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Notices]
[Pages 5039-5040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2019]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XT38
Notice of Intent to Prepare a Programmatic Environmental Impact
Statement and Conduct Restoration Planning to Compensate for Injuries
to Natural Resources in Portland Harbor, Oregon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare a programmatic environmental
impact statement and restoration plan; request for comments; notice of
public scoping meeting.
-----------------------------------------------------------------------
SUMMARY: NOAA, the Department of the Interior (U.S. Fish and Wildlife
Service), the Oregon Department of Fish and Wildlife, the Nez Perce
Tribe, the Confederated Tribes of the Warm Springs Indian Reservation
of Oregon, the Confederated Tribes of the Umatilla Indian Reservation,
the Confederated Tribes of Siletz Indians, and the Confederated Tribes
of the Grand Ronde Community of Oregon are collectively referred to as
the ``Trustees'' for this case. The Confederated Tribes and Bands of
the Yakima Nation, although a Trustee for Portland Harbor, has
withdrawn from the Trustee Council and is no longer participating in
the restoration planning efforts of the group of Trustees identified
here. The Trustees for this case are providing notice of their efforts
to plan restoration projects to compensate for injuries to natural
resources in Portland Harbor in the Lower Willamette River. The
Trustees seek damages from potentially responsible parties (PRPs) to
restore, rehabilitate, replace or acquire the equivalent of natural
resources and services injured by the release of hazardous substances.
The Trustees will prepare a programmatic environmental impact statement
(PEIS) to identify and address the environmental impacts of the
proposed restoration, and they seek public involvement in development
of a Draft Restoration Plan (RP). This notice explains the scoping
process the Trustees will use to gather input from the public. Comments
on what the Trustees should consider in the PEIS and RP may be
submitted in written form or verbally at a public scoping meeting.
DATES: A preliminary public scoping meeting date and time is scheduled
as follows:
Wednesday, March 3, 2010, 6-8 p.m., City of Portland's Water Pollution
Control Laboratory, 6543 N. Burlington Avenue, Portland, OR 97203
Written comments must be received by March 15, 2010.
ADDRESSES: Written comments on suggested alternatives and potential
impacts should be sent to Megan Callahan Grant, NOAA Restoration
Center, 1201 NE Lloyd Blvd. 1100, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Megan Callahan Grant at (503) 231-
2213 or e-mail at megan.callahan-grant@noaa.gov.
SUPPLEMENTARY INFORMATION: Under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C.
9601 et seq., parties responsible for releasing hazardous substances
into the environment are liable both for the costs of responding to the
release (by cleaning up, containing or otherwise remediating the
release) and for damages arising from injuries to publicly owned or
managed natural resources resulting from the release. Natural resource
damage assessment (NRDA) is the process of assessing the nature and
extent of the resulting injury, destruction or loss of natural
resources and the services they provide. NRDA also includes the process
of determining the compensation required to make the public whole for
such injuries, destruction or loss. CERCLA authorizes certain Federal
and state agencies and Indian tribes to be designated as Trustees for
affected natural resources. Under CERCLA and implementing regulations,
these agencies and tribes are authorized to assess natural resource
injuries and to seek compensation from responsible parties, including
the costs of performing the damage assessment. The Trustees are
required to use recovered damages only to restore, replace or acquire
the equivalent of the injured or lost resources and services.
In January of 2007, the Portland Harbor Trustee Council released a
Pre-Assessment Screen (PAS) for the Portland Harbor Superfund site. The
purpose of the PAS was to provide the foundation for determining the
need to conduct a formal natural resource
[[Page 5040]]
damage assessment as authorized by CERCLA. The PAS concluded that
natural resources in the area have been affected or potentially
affected from releases or discharges of contaminants. Exposed living
natural resources include, but are not limited to: (1) aquatic-
dependent mammals such as mink and river otter, and species they depend
on as prey items; (2) migratory birds, including osprey, bald eagle,
mergansers and other waterfowl, great blue heron, spotted sandpiper and
other shorebirds, cliff swallow, belted kingfisher, and other species;
(3) threatened and endangered species; (4) anadromous and resident
fish, including salmon and steelhead; (5) reptiles and amphibians; (6)
aquatic invertebrates; (7) wapato and other aquatic plants. Exposed
habitat types and water natural resources include wetland and upland
habitats, groundwater, and surface water. The services that are
provided by these potentially affected natural resources include, but
are not limited to: (1) habitat for trust resources, including food,
shelter, breeding, foraging, and rearing areas, and other factors
essential for survival; (2) consumptive commercial resource use such as
commercial fishing; (3) consumptive recreational resource use such as
hunting and fishing; (4) non-consumptive uses such as wildlife viewing,
photography, and other outdoor recreation activities; (5) primary and
secondary contact activities such as swimming and boating; (6)
cultural, spiritual, and religious use; (7) option and existence
values; (7) traditional foods. Based on the conclusions of the PAS, the
Portland Harbor Trustee Council has determined that proceeding past the
preassessment phase to a full natural resource damage assessment is
warranted.
Scientific literature and studies being conducted by the Trustees
seek to document injuries from hazardous substances found in Portland
Harbor. The objective of these studies is to demonstrate (1) how the
contamination has harmed the organisms that inhabit the riverine
sediments, (2) how the contamination has harmed and the fish and
wildlife that come into contact with the contaminated sediments or that
eat contaminated prey items, and (3) how the harm to the natural
resources has impacted the people that use these resources. Concurrent
with the damage assessment, the Trustees plan to carry out restoration
planning, seeking comments from the public on how best to make the
public whole for injuries documented through the damage assessment.
As restoration planning proceeds, the Trustees will take advantage
of opportunities to settle natural resource damage claims with willing
parties. By identifying criteria and guidance to be used in selecting
feasible restoration projects, the plan will provide a framework to
maximize the benefits of specific restoration projects to the affected
resources and services in the defined areas of the Lower Willamette
River. The Trustees plan to consider alternatives that may include: (1)
integrated habitat restoration actions that will benefit multiple
species and services (those species listed above as potentially
affected by releases of hazardous substances, such as salmon and
resident fish, mammals such as mink and river otter, and aquatic-
dependent birds such as osprey and bald eagle); (2) species-specific
restoration actions (for example, augmenting a species population
through artificial production); and (3) a no-action alternative (no
action takes place and the public is not compensated). Additional
alternatives identified through the public involvement process may also
be considered, to the extent that they demonstrate a nexus to natural
resources injured by the release of hazardous substances.
The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et
seq., and the Council on Environmental Quality regulations implementing
NEPA under 40 CFR Chapter V, apply to restoration actions by Federal
trustees. These authorities prescribe a scoping process the purpose of
which is to identify the concerns of the affected public and Federal
agencies, states, and Indian tribes, involve the public early in the
decision making process, facilitate an efficient PEIS preparation
process, define the issues and alternatives that will be examined in
detail, and save time by ensuring that draft documents adequately
address relevant issues. The scoping process reduces paperwork and
delay by ensuring that important issues are addressed early.
The Trustees will prepare an Administrative Record (Record). The
Record will include documents that the Trustees relied upon during the
development of the RP and PEIS. After preparation, the Record will be
on file at the NOAA Restoration Center's offices in Portland, OR.
Additional documents and information will be available at the following
websites: https://www.darp.noaa.gov/ and https://www.fws.gov/oregonfwo/contaminants/PortlandHarbor/default.asp
Release of a draft PEIS for public comment is planned for late
2011. Specific dates and times for future events will be publicized
when scheduled.
Dated: January 26, 2010.
Patricia A. Montanio,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2010-2019 Filed 1-29-10; 8:45 am]
BILLING CODE 3510-22-S
