Notice of Intent To Conduct Restoration Planning and To Prepare a Draft Damage Assessment Restoration Plan Environmental Assessment for the Omega 707 Air Tanker Crash of May 18, 2011 at Mugu Lagoon, Naval Base Ventura County Point Mugu, CA, 42486-42488 [2015-17568]
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
the public who have requested to make
a verbal comment and whose comments
have been deemed relevant under the
process described above, will be allotted
no more than three (3) minutes during
this period, and will be invited to speak
in the order in which their requests
were received by the DFO and ADFO.
Brenda S. Bowen,
Army Federal Register Liaison Officer .
[FR Doc. 2015–17538 Filed 7–16–15; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Intent To Prepare a Programmatic
Environmental Impact Statement for
the Mouse River Enhanced Flood
Protection Plan From Burlington, North
Dakota Through Minot, North Dakota
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Notice of intent.
In compliance with the
National Environmental Policy Act
(NEPA), the U.S. Army Corps of
Engineers, St. Paul District (USACE)
announces the intent to prepare a
programmatic Environmental Impact
Statement (EIS) for the Mouse River
Enhanced Flood Protection Plan
(MREFPP) from Burlington, North
Dakota, to a point downstream of Minot,
North Dakota. The purpose of the
document is to evaluate the
environmental impacts associated with
the MREFPP.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action
and programmatic EIS may be directed
to: U.S. Army Corps of Engineers, St.
Paul District, ATTN: Mr. Terry J.
Birkenstock, Deputy Chief, Regional
Planning & Environment Division
North, 180 Fifth Street East, Suite 700,
St. Paul, MN 55101–1678; telephone:
(651) 290–5264; email
terry.birkenstock@usace.army.mil.
SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with NOTICES
SUMMARY:
Background
The Mouse River (alternatively known
as the Souris River) is approximately
435 miles long. The river begins in the
southeastern portion of the Canadian
province of Saskatchewan, flows south
and east through north central North
Dakota, and then turns north before
returning to Canada in southwest
Manitoba.
Most of the annual flow on the Mouse
River is attributed to snow melt and
spring rains. In June 2011, heavy rains
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in the upstream portions of the
watershed exceeded the storage capacity
of upstream reservoirs already full from
the April snowmelt. Flows in excess of
26,900 cubic feet per second (cfs)
overwhelmed the existing Federal flood
risk management projects (designed to
pass 5,000 cfs from Burlington to Minot)
and emergency flood fighting efforts,
causing over $690 million in damages to
more than 4,700 structures.
The MREFPP Preliminary Engineering
Report (PER) was developed for the
North Dakota State Water Commission
in February 2012. Implementation of the
MREFPP is expected to extend over 20
years and involves the construction of
more than 30 segments. Features of the
MREFPP include 17.5 miles of new
levees, 1.4 miles of channel
realignment, 2 high-flow bypasses, 2.8
miles of new floodwalls, 6 bridge
modifications, and 126 acres of
overbank excavation. Additional details
on the MREFPP PER can be found at
mouseriverplan.com.
Proposed Action
The Souris River Joint Water
Resources Board (SRJB) has proposed to
move forward with the design and
construction of the first three segments
of the MREFPP, which includes
approximately 2 miles of levees and
1,500 feet of floodwall. These segments
would not, by themselves, provide
independent utility for flood risk
management. Features in the Burlington
through Minot reach of the MREFPP are
interdependent in the proposal for flood
risk management and provide
independent flood risk management
benefits. Therefore, all effects associated
with features in the Burlington through
Minot reach of the MREFPP will be
included in the scope of analysis
evaluated through the programmatic
EIS.
Federal Involvement
Construction of the MREFPP will
require alteration of existing Federal
flood risk management projects. Such
alterations may be approved by the
Secretary of the Army under the
authority of 33 U.S.C. 408 (Section 408).
Although the Federal government will
not be constructing the alterations,
approval of the alterations is a Federal
action and therefore requires
compliance with the NEPA and other
applicable environmental laws
including, but not limited to, the
National Historical Preservation Act of
1966 (NHPA) and the Endangered
Species Act of 1973 (ESA).
Additionally, as part of the MREFPP,
discharges of fill material have been
proposed in waters of the United States,
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requiring a permit from USACE under
33 U.S.C. 1344 (Section 404 of the Clean
Water Act). Issuance of a Section 404
permit is considered a Federal action,
triggering NEPA, NHPA, and ESA
obligations. Coordination with other
Federal agencies will take place
throughout the scoping process. USACE
will act as the lead Federal agency for
environmental compliance with the
NEPA.
Scoping
Significant resources and issues have
been and will continue to be identified
through public meetings and
coordination with Federal, State, and
local agencies. A number of public
meetings have been held to discuss the
project, including meetings hosted by
USACE on April 8, 2015, in Burlington
and April 9, 2015 in Minot. An
additional public scoping meeting will
be held on August 19, 2015, at the
Minot Municipal Auditorium, Room
201, 420 3rd Ave SW. in Minot, North
Dakota. An open house will run from 6
p.m. until 7 p.m. central standard time
and will be followed by presentations
and public comment.
Preparation of the EIS is expected to
take several months. It is anticipated
that the programmatic EIS for the
MREFPP will be available for public
review in the summer/fall of 2016.
Dated: July 2, 2015.
Daniel C. Koprowski,
Colonel, Corps of Engineers, District
Commander.
[FR Doc. 2015–17670 Filed 7–16–15; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Conduct
Restoration Planning and To Prepare a
Draft Damage Assessment Restoration
Plan Environmental Assessment for
the Omega 707 Air Tanker Crash of
May 18, 2011 at Mugu Lagoon, Naval
Base Ventura County Point Mugu, CA
Department of the Navy, DoD.
Notice.
AGENCY:
ACTION:
Pursuant to section 1006 of
the Oil Pollution Act of 1990 (OPA), 33
U.S.C. 2701 et seq., and Section
(102)(2)(c) of the National
Environmental Policy Act of 1969 and
the regulations implemented by the
Council on Environmental Quality (40
CFR parts 1500–1508), the Department
of the Navy (DoN), acting through
Commander Navy Region Southwest
(CNRSW), and in coordination with the
SUMMARY:
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
U.S. Department of Interior Fish and
Wildlife Service (USFWS), and the
California Department of Fish and
Wildlife Office of Spill Prevention and
Response (CDFW–OSPR), announces its
intent to conduct restoration planning
and to prepare a draft Damage
Assessment Restoration Plan (DARP)
Environmental Assessment (EA) for the
Omega 707 Air Tanker Crash of May 18,
2011 at Mugu Lagoon, Naval Base
Ventura County (NBVC) Point Mugu,
CA.
On May 18, 2011, a Boeing K707
aerial refueling tanker, carrying
approximately 10,000 gallons of jet fuel,
operated by Omega Air Inc., crashed
during take-off on Runway 21 into
Mugu Lagoon at the end of Point Mugu
Taxiway Alpha at NBVC Point Mugu.
Spill response crews protected most of
the lagoon and were able to limit crash
impacts to an area of approximately 79
acres of wetlands. The crash scattered
debris and different portions of the
plane, scoured tracks into the marsh,
and left the remaining fuselage partially
buried in mudflats. A Unified Command
(UC) was instituted immediately
following the incident that consisted of
staff from NBVC Point Mugu, CDFW–
OSPR, U.S. Coast Guard, USFWS, and
aircraft owner Omega Air, Inc. The UC
oversaw the emergency response and
spill containment debris clean-up
operations.
The natural resources trustees
(Trustees) under OPA are the CNRSW,
USFWS and CDFW–OSPR and are
acting in accordance with the natural
resources authorities provided by the
OPA, the Federal Water Pollution
Control Act (FWPCA), the Clean Water
Act (CWA), and other applicable
Federal laws and regulations including
the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP) (40 CFR 300.600–300.615), the
Natural Resource Damage Assessment
(NRDA) regulations applicable to OPA
(15 CFR part 990), and the DoN
Environmental Readiness Program
Manual (OPNAVINST 5090.1D).
USFWS and CDFW–OSPR are coTrustees in this response, with CNRSW
serving as lead Trustee. As owner and
operator of the crashed plane from
which the fire and release occurred, the
Trustees identified Omega Air, Inc. as
the Responsible Party (RP). The Trustees
have coordinated with representatives
of the RP on NRDA activities.
The Trustees began the preassessment phase of the NRDA in
accordance with 15 CFR 990.40, to
determine if they had jurisdiction to
pursue restoration under OPA, and, if
so, whether it was appropriate to do so.
During the pre-assessment phase, the
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Trustees collected and analyzed the
following:
1. Data reasonably expected to be
necessary to make a determination of
jurisdiction or a determination to
conduct restoration planning;
2. Ephemeral data; and/or
3. Information needed to design or
implement anticipated emergency
restoration and/or assessment as part of
the restoration planning phase.
The NRDA regulations provide that
the Trustees are to prepare a Notice of
Intent to Conduct Restoration Planning
(Notice) if they determine certain
conditions have been met, and if they
decide to quantify the injuries to natural
resources and to develop a restoration
plan. This Notice announces, pursuant
to 15 CFR 990.44, that the Trustees,
having collected and analyzed data,
intend to proceed with restoration
planning actions to address injuries to
natural resources resulting from the
crash. The purpose of this restoration
planning effort is to further evaluate
injuries to natural resources and
services and to use that information to
determine the need for, type of, and
scale of compensatory restoration
actions.
Dates and Addresses: The Trustees
invite and encourage Federal, State, and
local agencies, American Indian tribes,
and interested persons to provide
written comments on this Notice and
the proposed DARP EA to ensure that
all relevant issues are considered. All
written comments may be submitted
through the point of contact listed
below and must be received by August
17, 2015 to ensure they become part of
the official record. Written comments or
questions on this Notice and the scope
of the proposed DARP EA and its
process, requests for inclusion on the
mailing list, and requests for copies of
any documents associated with the
DARP EA should be directed to: Navy
Region Southwest, Attention: Ms. Deb
McKay, Code N40, Pt Mugu Omega Air
Tanker Crash Spill, 937 North Harbor
Drive, Box 81, San Diego, CA 92132.
FOR FURTHER INFORMATION CONTACT:
Navy Region Southwest, Attention: Ms.
Deb McKay, Code N40, Pt Mugu Omega
Air Tanker Crash Spill, 937 North
Harbor Drive, Box 81, San Diego, CA
92132, Phone: 619–532–2284, or
deborah.mckay@navy.mil.
SUPPLEMENTARY INFORMATION:
Authorities. Pursuant to section 1006
of the OPA, Federal and State Trustees
for natural resources are authorized to:
1. Assess natural resource injuries
resulting from a discharge of oil or the
substantial threat of a discharge and
response activities, and
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42487
2. Develop and implement a plan for
restoration of such injured resources.
The Federal Trustees are designated
pursuant to the NCP and Executive
Order 12777 (Implementation of Section
311 of the FWPCA of October 18, 1972,
as amended, and the OPA). State
Trustees for California are designated
pursuant to the NCP and the
‘‘Governor’s Designation of State
Natural Resource Trustees under the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980, the OPA, and California
Health and Safety Code’’ § 25352(c),
dated October 5, 2007.
Determination of Jurisdiction. The
Trustees have determined that impacts
from the air tanker crash on May 18,
2011, and subsequent fire and oil spill
into wetlands at NBVC Point Mugu
require restoration planning pursuant to
15 CFR 990.44. After the crash event,
the Trustees conducted impact
minimization and clean up measures to
protect the rest of Mugu Lagoon but
injuries still occurred to the natural
resources and services of the site.
Therefore, a NRDA restoration planning
effort is required to evaluate those
injuries and to determine appropriate
restoration actions.
The Trustees have determined that
they have jurisdiction to pursue
restoration planning pursuant to the
OPA in order to resolve liability for
injuries to natural resources and
services. Specifically, the Trustees have
determined pursuant to 15 CFR 990.41:
1. The crash of the aircraft resulted in
a discharge of oil into and upon
navigable waters of the U.S. and such
occurrence constitutes an ‘‘Incident’’
within the meaning of 15 CFR 990.30;
2. The Incident was not permitted
pursuant to Federal, State, or local law;
was not from a public vessel; and was
not from an onshore facility subject to
the Trans-Alaska Pipeline Authority Act
(43 U.S.C. 1651 et seq.); and
3. Natural resources under the
trusteeship of the Trustees have been
injured as a result of the Incident.
Using information gathered since the
crash, during the response, and the
NRDA initiation phase, the Trustees
have determined that the crash injured
natural resources under the trusteeship
of the Trustees. The air tanker crash and
subsequent fire, oil spill, and cleanup
action is known to have impacted
aquatic organisms, vegetation, birds,
wildlife, geologic resources, and
hydrology. The incident exposed these
resources to oil, metals, and
contaminants of potential concern. The
response use of heavy equipment to
remove debris and sandbags to contain
the spill also caused injury to the
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
srobinson on DSK5SPTVN1PROD with NOTICES
natural resources and services of the
site. As a result of this incident, injuries
to the site’s natural resources and their
services were observed and
documented. Therefore, the Trustees
have jurisdiction to pursue restoration
under the OPA.
Determination to Conduct Restoration
Planning. The NRDA regulations under
OPA, provide that the Trustees are to
prepare a Notice if they determine
certain conditions have been met, and if
they decide to quantify the injuries to
natural resources and to develop a
restoration plan. Accordingly, the
Trustees have determined, pursuant to
15 CFR 990.42(a), that:
1. As stated above, injuries have
resulted from the incident on May 18,
2011.
2. Response actions did not address
all injuries resulting from the incident
to the extent that restoration would not
be necessary. Although response actions
were initiated soon after the spill, the
nature of the incident (fire, oil spill, and
physical disturbance) and the sensitivity
of the environment precluded the
complete prevention of injuries to
natural resources. Injured natural
resources may return to baseline, but
interim losses of services provided by
these natural resources have occurred,
and will continue until resources return
to baseline health/condition.
3. Feasible primary and compensatory
restoration actions exist to address
injuries and lost human uses resulting
from the incident. In preparation for
restoration planning, the Trustees have
begun to compile a list of restoration
projects that could potentially be
implemented to compensate for interim
losses resulting from the incident. All
potential restoration sites would be
located within the bounds of NBVC
Point Mugu and would involve
construction projects to enhance the
services of existing wetlands.
The Trustees have the tools and
procedures to evaluate the injuries and
define the appropriate type and scale of
restoration for the injured natural
resources. Among the available
procedures are computer modeled
injury assessments; field and laboratory
study of geology and sediment, plants,
wildlife, water quality, hydrologic
resources; as well as additional
literature searches. Appropriate
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procedures such as these will be used to
determine the extent of injury to natural
resources and their services, and Habitat
Equivalency Analysis will be used to
determine the appropriate
compensation for those injuries.
During the restoration planning
phase, the Trustees will evaluate
potential projects, determine the scale of
restoration actions needed to make the
environment and the public whole, and
release a draft Damage Assessment and
Restoration Plan for public review and
comment.
Administrative Record. The Trustees
have opened an Administrative Record
(Record) in compliance with 15 CFR
990.45. The Record will include
documents considered by the Trustees
during the preassessment, assessment,
and restoration planning phases of the
NRDA performed in connection with
the crash. The Record will be
augmented with additional information
over the course of the NRDA process.
The Record is available in accordance
with the Freedom of Information Act, by
contacting: Navy Region Southwest,
Attention: Ms. Deb McKay, Code N40,
Pt Mugu Omega Air Tanker Crash Spill,
937 North Harbor Drive, Box 81, San
Diego, CA 92132, Phone: 619–532–2284,
or deborah.mckay@navy.mil.
Dated: July 10, 2015.
N.A. Hagerty-Ford,
Commander, Judge Advocate General’s Corps,
U.S. Navy, Federal Register Liaison Officer.
[FR Doc. 2015–17568 Filed 7–16–15; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
Annual Notice of Interest Rates of
Federal Student Loans Made Under the
William D. Ford Federal Direct Loan
Program on or After July 1, 2013
Federal Student Aid,
Department of Education.
ACTION: Notice.
AGENCY:
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.268.
DATES:
This notice is effective July 17,
2015.
The Chief Operating Officer
for Federal Student Aid announces the
interest rates for loans made under the
SUMMARY:
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Frm 00022
Fmt 4703
Sfmt 4703
William D. Ford Federal Direct Loan
(Direct Loan) Program on or after July 1,
2015, but before July 1, 2016.
Ian
Foss, U.S. Department of Education, 830
First Street NE., Room 114I1,
Washington, DC 20202. Telephone:
(202) 377–3681 or by email: ian.foss@
ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the contact person listed under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Section
455(b) of the Higher Education Act of
1965, as amended (HEA) (20 U.S.C.
1087e(b)), provides formulas for
determining the interest rates charged to
borrowers for loans made under the
Direct Loan Program including: Federal
Direct Subsidized Stafford Loans (Direct
Subsidized Loans); Federal Direct
Unsubsidized Stafford Loans (Direct
Unsubsidized Loans); Federal Direct
PLUS Loans (Direct PLUS Loans); and
Federal Direct Consolidation Loans
(Direct Consolidation Loans).
Direct Subsidized Loans, Direct
Unsubsidized Loans, and Direct PLUS
Loans (collectively, Direct Loans) first
disbursed on or after July 1, 2013, have
a fixed interest rate that is calculated
based on the high yield of the 10-year
Treasury notes auctioned at the final
auction held before June 1 of each year,
plus a statutory add-on percentage (a
‘‘margin’’). Therefore, while the interest
rate determination for new loans will be
different from year to year, each of these
loans will have a fixed interest rate for
the life of the loan. In each case the
calculated rate is capped by a maximum
interest rate.
The following chart contains specific
information on the calculation of the
interest rates for Direct Loans first
disbursed on or after July 1, 2015, but
before July 1, 2016. We publish a
separate notice containing the interest
rates for Direct Loans that were made in
prior years.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42486-42488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17568]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Conduct Restoration Planning and To Prepare a
Draft Damage Assessment Restoration Plan Environmental Assessment for
the Omega 707 Air Tanker Crash of May 18, 2011 at Mugu Lagoon, Naval
Base Ventura County Point Mugu, CA
AGENCY: Department of the Navy, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 1006 of the Oil Pollution Act of 1990
(OPA), 33 U.S.C. 2701 et seq., and Section (102)(2)(c) of the National
Environmental Policy Act of 1969 and the regulations implemented by the
Council on Environmental Quality (40 CFR parts 1500-1508), the
Department of the Navy (DoN), acting through Commander Navy Region
Southwest (CNRSW), and in coordination with the
[[Page 42487]]
U.S. Department of Interior Fish and Wildlife Service (USFWS), and the
California Department of Fish and Wildlife Office of Spill Prevention
and Response (CDFW-OSPR), announces its intent to conduct restoration
planning and to prepare a draft Damage Assessment Restoration Plan
(DARP) Environmental Assessment (EA) for the Omega 707 Air Tanker Crash
of May 18, 2011 at Mugu Lagoon, Naval Base Ventura County (NBVC) Point
Mugu, CA.
On May 18, 2011, a Boeing K707 aerial refueling tanker, carrying
approximately 10,000 gallons of jet fuel, operated by Omega Air Inc.,
crashed during take[hyphen]off on Runway 21 into Mugu Lagoon at the end
of Point Mugu Taxiway Alpha at NBVC Point Mugu. Spill response crews
protected most of the lagoon and were able to limit crash impacts to an
area of approximately 79 acres of wetlands. The crash scattered debris
and different portions of the plane, scoured tracks into the marsh, and
left the remaining fuselage partially buried in mudflats. A Unified
Command (UC) was instituted immediately following the incident that
consisted of staff from NBVC Point Mugu, CDFW-OSPR, U.S. Coast Guard,
USFWS, and aircraft owner Omega Air, Inc. The UC oversaw the emergency
response and spill containment debris clean-up operations.
The natural resources trustees (Trustees) under OPA are the CNRSW,
USFWS and CDFW-OSPR and are acting in accordance with the natural
resources authorities provided by the OPA, the Federal Water Pollution
Control Act (FWPCA), the Clean Water Act (CWA), and other applicable
Federal laws and regulations including the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP) (40 CFR 300.600-300.615),
the Natural Resource Damage Assessment (NRDA) regulations applicable to
OPA (15 CFR part 990), and the DoN Environmental Readiness Program
Manual (OPNAVINST 5090.1D). USFWS and CDFW-OSPR are co-Trustees in this
response, with CNRSW serving as lead Trustee. As owner and operator of
the crashed plane from which the fire and release occurred, the
Trustees identified Omega Air, Inc. as the Responsible Party (RP). The
Trustees have coordinated with representatives of the RP on NRDA
activities.
The Trustees began the pre-assessment phase of the NRDA in
accordance with 15 CFR 990.40, to determine if they had jurisdiction to
pursue restoration under OPA, and, if so, whether it was appropriate to
do so. During the pre-assessment phase, the Trustees collected and
analyzed the following:
1. Data reasonably expected to be necessary to make a determination
of jurisdiction or a determination to conduct restoration planning;
2. Ephemeral data; and/or
3. Information needed to design or implement anticipated emergency
restoration and/or assessment as part of the restoration planning
phase.
The NRDA regulations provide that the Trustees are to prepare a
Notice of Intent to Conduct Restoration Planning (Notice) if they
determine certain conditions have been met, and if they decide to
quantify the injuries to natural resources and to develop a restoration
plan. This Notice announces, pursuant to 15 CFR 990.44, that the
Trustees, having collected and analyzed data, intend to proceed with
restoration planning actions to address injuries to natural resources
resulting from the crash. The purpose of this restoration planning
effort is to further evaluate injuries to natural resources and
services and to use that information to determine the need for, type
of, and scale of compensatory restoration actions.
Dates and Addresses: The Trustees invite and encourage Federal,
State, and local agencies, American Indian tribes, and interested
persons to provide written comments on this Notice and the proposed
DARP EA to ensure that all relevant issues are considered. All written
comments may be submitted through the point of contact listed below and
must be received by August 17, 2015 to ensure they become part of the
official record. Written comments or questions on this Notice and the
scope of the proposed DARP EA and its process, requests for inclusion
on the mailing list, and requests for copies of any documents
associated with the DARP EA should be directed to: Navy Region
Southwest, Attention: Ms. Deb McKay, Code N40, Pt Mugu Omega Air Tanker
Crash Spill, 937 North Harbor Drive, Box 81, San Diego, CA 92132.
FOR FURTHER INFORMATION CONTACT: Navy Region Southwest, Attention: Ms.
Deb McKay, Code N40, Pt Mugu Omega Air Tanker Crash Spill, 937 North
Harbor Drive, Box 81, San Diego, CA 92132, Phone: 619-532-2284, or
deborah.mckay@navy.mil.
SUPPLEMENTARY INFORMATION:
Authorities. Pursuant to section 1006 of the OPA, Federal and State
Trustees for natural resources are authorized to:
1. Assess natural resource injuries resulting from a discharge of
oil or the substantial threat of a discharge and response activities,
and
2. Develop and implement a plan for restoration of such injured
resources. The Federal Trustees are designated pursuant to the NCP and
Executive Order 12777 (Implementation of Section 311 of the FWPCA of
October 18, 1972, as amended, and the OPA). State Trustees for
California are designated pursuant to the NCP and the ``Governor's
Designation of State Natural Resource Trustees under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, the
OPA, and California Health and Safety Code'' Sec. 25352(c), dated
October 5, 2007.
Determination of Jurisdiction. The Trustees have determined that
impacts from the air tanker crash on May 18, 2011, and subsequent fire
and oil spill into wetlands at NBVC Point Mugu require restoration
planning pursuant to 15 CFR 990.44. After the crash event, the Trustees
conducted impact minimization and clean up measures to protect the rest
of Mugu Lagoon but injuries still occurred to the natural resources and
services of the site. Therefore, a NRDA restoration planning effort is
required to evaluate those injuries and to determine appropriate
restoration actions.
The Trustees have determined that they have jurisdiction to pursue
restoration planning pursuant to the OPA in order to resolve liability
for injuries to natural resources and services. Specifically, the
Trustees have determined pursuant to 15 CFR 990.41:
1. The crash of the aircraft resulted in a discharge of oil into
and upon navigable waters of the U.S. and such occurrence constitutes
an ``Incident'' within the meaning of 15 CFR 990.30;
2. The Incident was not permitted pursuant to Federal, State, or
local law; was not from a public vessel; and was not from an onshore
facility subject to the Trans-Alaska Pipeline Authority Act (43 U.S.C.
1651 et seq.); and
3. Natural resources under the trusteeship of the Trustees have
been injured as a result of the Incident.
Using information gathered since the crash, during the response,
and the NRDA initiation phase, the Trustees have determined that the
crash injured natural resources under the trusteeship of the Trustees.
The air tanker crash and subsequent fire, oil spill, and cleanup action
is known to have impacted aquatic organisms, vegetation, birds,
wildlife, geologic resources, and hydrology. The incident exposed these
resources to oil, metals, and contaminants of potential concern. The
response use of heavy equipment to remove debris and sandbags to
contain the spill also caused injury to the
[[Page 42488]]
natural resources and services of the site. As a result of this
incident, injuries to the site's natural resources and their services
were observed and documented. Therefore, the Trustees have jurisdiction
to pursue restoration under the OPA.
Determination to Conduct Restoration Planning. The NRDA regulations
under OPA, provide that the Trustees are to prepare a Notice if they
determine certain conditions have been met, and if they decide to
quantify the injuries to natural resources and to develop a restoration
plan. Accordingly, the Trustees have determined, pursuant to 15 CFR
990.42(a), that:
1. As stated above, injuries have resulted from the incident on May
18, 2011.
2. Response actions did not address all injuries resulting from the
incident to the extent that restoration would not be necessary.
Although response actions were initiated soon after the spill, the
nature of the incident (fire, oil spill, and physical disturbance) and
the sensitivity of the environment precluded the complete prevention of
injuries to natural resources. Injured natural resources may return to
baseline, but interim losses of services provided by these natural
resources have occurred, and will continue until resources return to
baseline health/condition.
3. Feasible primary and compensatory restoration actions exist to
address injuries and lost human uses resulting from the incident. In
preparation for restoration planning, the Trustees have begun to
compile a list of restoration projects that could potentially be
implemented to compensate for interim losses resulting from the
incident. All potential restoration sites would be located within the
bounds of NBVC Point Mugu and would involve construction projects to
enhance the services of existing wetlands.
The Trustees have the tools and procedures to evaluate the injuries
and define the appropriate type and scale of restoration for the
injured natural resources. Among the available procedures are computer
modeled injury assessments; field and laboratory study of geology and
sediment, plants, wildlife, water quality, hydrologic resources; as
well as additional literature searches. Appropriate procedures such as
these will be used to determine the extent of injury to natural
resources and their services, and Habitat Equivalency Analysis will be
used to determine the appropriate compensation for those injuries.
During the restoration planning phase, the Trustees will evaluate
potential projects, determine the scale of restoration actions needed
to make the environment and the public whole, and release a draft
Damage Assessment and Restoration Plan for public review and comment.
Administrative Record. The Trustees have opened an Administrative
Record (Record) in compliance with 15 CFR 990.45. The Record will
include documents considered by the Trustees during the preassessment,
assessment, and restoration planning phases of the NRDA performed in
connection with the crash. The Record will be augmented with additional
information over the course of the NRDA process. The Record is
available in accordance with the Freedom of Information Act, by
contacting: Navy Region Southwest, Attention: Ms. Deb McKay, Code N40,
Pt Mugu Omega Air Tanker Crash Spill, 937 North Harbor Drive, Box 81,
San Diego, CA 92132, Phone: 619-532-2284, or deborah.mckay@navy.mil.
Dated: July 10, 2015.
N.A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2015-17568 Filed 7-16-15; 8:45 am]
BILLING CODE 3810-FF-P
