Notice of Intent To Conduct Restoration Planning, 37122-37124 [2021-14969]
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37122
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices
Export Product coverage from fresh
apples and fresh sweet cherries to
fresh apples (dropping fresh sweet
cherries).
Northwest Fruit Exporter’s proposed
amendment of its Certificate would
result in the following Membership list:
1. Allan Bros., Naches, WA
2. AltaFresh L.L.C. dba Chelan Fresh
Marketing, Chelan, WA
3. Apple House Warehouse & Storage,
Inc., Brewster, WA
4. Apple King, L.L.C., Yakima, WA
5. Auvil Fruit Co., Inc. dba Gee Whiz II,
LLC, Orondo, WA
6. Baker Produce, Inc., Kennewick, WA
7. Blue Bird, Inc., Peshastin, WA
8. Blue Star Growers, Inc., Cashmere,
WA
9. Borton & Sons, Inc., Yakima, WA
10. Brewster Heights Packing &
Orchards, LP, Brewster, WA
11. Chelan Fruit Cooperative, Chelan,
WA
12. Chiawana, Inc. dba Columbia Reach
Pack, Yakima, WA
13. CMI Orchards LLC, Wenatchee, WA
14. Columbia Fruit Packers, Inc.,
Wenatchee, WA
15. Columbia Valley Fruit, L.L.C.,
Yakima, WA
16. Congdon Packing Co. L.L.C.,
Yakima, WA
17. Cowiche Growers, Inc., Cowiche,
WA
18. CPC International Apple Company,
Tieton, WA
19. Crane & Crane, Inc., Brewster, WA
20. Custom Apple Packers, Inc., Quincy,
and Wenatchee, WA
21. Diamond Fruit Growers, Inc., Odell,
OR
22. Domex Superfresh Growers LLC,
Yakima, WA
23. Douglas Fruit Company, Inc., Pasco,
WA
24. Dovex Export Company, Wenatchee,
WA
25. Duckwall Fruit, Odell, OR
26. E. Brown & Sons, Inc., MiltonFreewater, OR
27. Evans Fruit Co., Inc., Yakima, WA
28. E.W. Brandt & Sons, Inc., Parker,
WA (for fresh apples only)
29. FirstFruits Farms, LLC, Prescott, WA
30. Frosty Packing Co., LLC, Yakima,
WA
31. G&G Orchards, Inc., Yakima, WA
32. Gilbert Orchards, Inc., Yakima, WA
33. Hansen Fruit & Cold Storage Co.,
Inc., Yakima, WA
34. Henggeler Packing Co., Inc.,
Fruitland, ID
35. Highland Fruit Growers, Inc.,
Yakima, WA
36. HoneyBear Growers LLC, Brewster,
WA
37. Honey Bear Tree Fruit Co LLC,
Wenatchee, WA
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17:49 Jul 13, 2021
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38. Hood River Cherry Company, Hood
River, OR
39. JackAss Mt. Ranch, Pasco, WA
40. Jenks Bros Cold Storage & Packing,
Royal City, WA
41. Kershaw Fruit & Cold Storage, Co.,
Yakima, WA
42. L & M Companies, Union Gap, WA
43. Legacy Fruit Packers LLC, Wapato,
WA
44. Manson Growers Cooperative,
Manson, WA
45. Matson Fruit Company, Selah, WA
46. McDougall & Sons, Inc., Wenatchee,
WA
47. Monson Fruit Co., Selah, WA
48. Morgan’s of Washington dba Double
Diamond Fruit, Quincy, WA
49. Northern Fruit Company, Inc.,
Wenatchee, WA
50. Olympic Fruit Co., Moxee, WA
51. Oneonta Trading Corp., Wenatchee,
WA
52. Orchard View Farms, Inc., The
Dalles, OR
53. Pacific Coast Cherry Packers, LLC,
Yakima, WA
54. Piepel Premium Fruit Packing LLC,
East Wenatchee, WA
55. Pine Canyon Growers LLC, Orondo,
WA
56. Polehn Farms, Inc., The Dalles, OR
57. Price Cold Storage & Packing Co.,
Inc., Yakima, WA
58. Quincy Fresh Fruit Co., Quincy, WA
59. Rainier Fruit Company, Selah, WA
60. River Valley Fruit, LLC, Grandview,
WA
61. Roche Fruit, Ltd., Yakima, WA
62. Sage Fruit Company, L.L.C., Yakima,
WA
63. Smith & Nelson, Inc., Tonasket, WA
64. Stadelman Fruit, L.L.C., MiltonFreewater, OR, Hood River, OR, and
Zillah, WA
65. Stemilt Growers, LLC, Wenatchee,
WA
66. Symms Fruit Ranch, Inc., Caldwell,
ID
67. The Dalles Fruit Company, LLC,
Dallesport, WA
68. Underwood Fruit & Warehouse Co.,
Bingen, WA
69. Valicoff Fruit Company Inc.,
Wapato, WA
70. Washington Cherry Growers,
Peshastin, WA
71. Washington Fruit & Produce Co.,
Yakima, WA
72. Western Sweet Cherry Group, LLC,
Yakima, WA
73. Whitby Farms, Inc. dba: Farm Boy
Fruit Snacks LLC, Mesa, WA
74. WP Packing LLC, Wapato, WA
75. Yakima Fruit & Cold Storage Co.,
Yakima, WA
76. Zirkle Fruit Company, Selah, WA
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Dated: July 9, 2021.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2021–14939 Filed 7–13–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Intent To Conduct
Restoration Planning
Office of Response and
Restoration (OR&R), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
U.S. Department of Commerce (DOC).
ACTION: Notice of intent to conduct
restoration planning activities.
AGENCY:
Notice is hereby given of
intent to proceed with restoration
planning actions to address injuries to
natural resources resulting from the
discharge of oil from the Kirby Inland
Marine LP tank barge 30015T (the
‘‘Incident’’). The purpose of this
restoration planning effort is to evaluate
and select restoration actions to
compensate the public for the natural
resource injuries resulting from the
Incident.
FOR FURTHER INFORMATION CONTACT: For
further information contact one or more
of the following Trustee representatives:
Laurie Sullivan (NOAA) at (707) 570–
1762, Laurie.Sullivan@noaa.gov;
Johanna Gregory Belssner (TPWD) at
(512) 389–8703, Johanna.Gregory@
tpwd.texas.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On May 10, 2019, tank barge 30015T,
owned by Kirby Inland Marine, LP
(‘‘Kirby’’), collided with the tanker ship
Genesis River near Bayport, Texas. The
collision penetrated the hull of Kirby’s
barge 30015T, and an estimated 14,278
barrels (about 600,000 gallons) of oil in
the form of reformate, a gasoline
blending stock, was lost from the barge.
Reformate discharged from the Kirby
barge flowed into the Houston Ship
Channel and Galveston Bay, spreading
westward and southward and washing
ashore on the western coastline of the
bay roughly between Red Bluff and
Eagle Point, Texas. The discharge
affected natural resources in the general
area. All of the foregoing is referred to
as the ‘‘Incident.’’
Pursuant to section 1006 of the Oil
Pollution Act (‘‘OPA’’), 33 U.S.C. 2701,
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14JYN1
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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices
et seq., 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 National
Contingency Plan, 40 CFR Section
300.600 and Executive Order 12777.
State trustees for Texas are designated
by the Governor of Texas pursuant to
the National Contingency Plan, 40 CFR
Section 300.605. The natural resources
trustees (‘‘Trustees’’) under OPA for this
Incident are the United States
Department of Commerce, acting
through the National Oceanic and
Atmospheric Administration
(‘‘NOAA’’); the Texas General Land
Office (‘‘TGLO’’); the Texas Commission
on Environmental Quality (‘‘TCEQ’’);
and the Texas Parks and Wildlife
Department (‘‘TPWD’’). Kirby is the
Responsible Party (‘‘RP’’) for the
Incident. The Trustees are coordinating
with representatives of the RP on
Natural Resource Damage Assessment
(‘‘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
Preassessment 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 (i.e., environmental data
collected in the immediate aftermath of
the spill), and (3) other assessment data.
The NRDA Regulations under OPA,
15 CFR part 990 (‘‘NRDA regulations’’),
provide that the Trustees are to prepare
a Notice of Intent to Conduct
Restoration Planning (‘‘notice’’) if they
(1) determine certain conditions have
been met, and if they decide to (2)
quantify the injuries to natural resources
and (3) develop a restoration plan.
This notice is to announce, 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
Incident. The purpose of this restoration
planning effort is to evaluate and select
restoration actions to compensate the
public for the natural resource injuries
resulting from the Incident.
Determination of Jurisdiction
The Trustees have made the following
findings pursuant to 15 CFR 990.41:
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17:49 Jul 13, 2021
Jkt 253001
a. The rupture of the oil storage tanks
on Kirby’s barge 30015T on May 10,
2019, resulted in a discharge of oil into
and upon navigable waters of the United
States, including the Houston Ship
Channel and Galveston Bay, as well as
adjoining shorelines. Such occurrence
constitutes an ‘‘Incident’’ within the
meaning of 15 CFR 930.30.
b. 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.
c. Natural resources under the
trusteeship of the Trustees have been
injured as a result of the Incident.
Chemical components of the reformate
discharged from Kirby barge 30015T are
known to be harmful to marine and
coastal organisms and habitat that were
exposed to the oil. Accordingly, the
discharged oil has had an adverse effect
on the natural resources in Galveston
Bay and its adjoining shorelines and
impaired the services, which those
resources provide.
Documents in the Administrative
Record contain more information
regarding the specific studies,
observations, analyses, etc., by which
the Trustees reached this determination.
As a result of the foregoing
determinations, the Trustees have
jurisdiction to pursue restoration under
the OPA.
Determination To Conduct Restoration
Planning
The Trustees have determined,
pursuant to 15 CFR 990.42(a), that: a.
Observations and data collected
pursuant to 15 CFR 990.43 (including
dead fish and invertebrates exposed to
reformate; information regarding
shoreline beaches, and subtidal habitats
and other habitats affected by oil or
response activities) demonstrate that
injuries to natural resources have
resulted from the Incident. Immediately
following the Incident, the Trustees, in
cooperation with the RP, identified
several categories of impacted and
potentially impacted resources,
including marine mammals, fish,
invertebrates, oysters, shoreline and
subtidal habitats, and the water column,
as well as effects to human use/
recreation resulting from impacts on
these natural resources. The Trustees
then began conducting activities to
evaluate injuries and potential injuries
within these categories. More
information on these resource categories
is available in the Administrative
Record, including information gathered
during the Preassessment Phase.
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37123
b. Spill 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 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 (the condition they
would have been in had it not been for
the Incident), but interim losses have
occurred or have likely occurred and
will continue until a return to baseline
is achieved.
Feasible compensatory restoration
actions exist to address injuries
resulting from the Incident. To conduct
restoration planning, the Trustees have
reviewed a number of restoration
options in Galveston Bay and its
adjoining shoreline that could
potentially be implemented to
compensate for interim losses resulting
from the Incident. In addition,
assessment procedures such as Habitat
Equivalency Analysis are available to
scale the appropriate amount of
compensatory restoration required to
offset ecological service losses resulting
from this Incident. The Trustees will
work cooperatively with local
governmental agencies and nongovernmental organizations to identify a
suite of potential restoration projects
commensurate with the injuries
sustained due to the spill. The public
may also send restoration project ideas
to the Trustees (FOR FURTHER
INFORMATION section for contacts). It is
the goal of the Trustees to select
restoration with a strong nexus to the
spill.
During the Restoration Planning
Phase, the Trustees 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.
Based upon information in the
Administrative Record and the
foregoing determinations, the Trustees
intend to proceed with the Restoration
Planning Phase for this Incident.
Opportunity To Comment
Pursuant to 15 CFR 990.14(d), the
Trustees seek public involvement in
restoration planning for this Incident
through the solicitation of restoration
ideas and public review of the
Administrative Record. The Trustees
also intend to seek public comment on
a draft Damage Assessment and
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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices
Restoration Plan after it has been
prepared.
Administrative Record
The Trustees have opened an
Administrative Record in compliance
with 15 CFR 990.45. The Administrative
Record will include documents
considered by the Trustees during the
Preassessment, and Restoration
Planning Phases of the NRDA performed
in connection with the Incident. The
Administrative Record will be
augmented with additional information
over the course of the NRDA process.
The Administrative Record may be
viewed at the following website: https://
www.diver.orr.noaa.gov/web/guest/
diver-admin-record/12302.
Scott Lundgren,
Director, Office of Response and Restoration,
National Ocean Service, National Oceanic
and Atmospheric Administration.
[FR Doc. 2021–14969 Filed 7–13–21; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB208]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Army Corps of
Engineers Debris Dock Replacement
Project, Sausalito, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
U.S. Army Corps of Engineers (ACOE) to
incidentally harass, by Level A and
Level B harassment only, marine
mammals during construction activities
associated with the Debris Dock
Replacement Project in Sausalito,
California.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
This authorization is effective
from September 1, 2021 through August
31, 2022.
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427–
8401. Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Summary of Request
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable
MMPA statutory terms cited above are
included in the relevant sections below.
Overview
DATES:
On March 17, 2021, NMFS received
an application from ACOE requesting an
IHA to take small numbers of seven
species of marine mammals incidental
to pile driving associated with the
Debris Dock Replacement Project. The
application was deemed adequate and
complete on May 20, 2021. The ACOE’s
request is for take of a small number of
these species by Level A or Level B
harassment. Neither the ACOE nor
NMFS expects serious injury or
mortality to result from this activity
and, therefore, an IHA is appropriate.
Description of the Specified Activity
The purpose of the project is to
replace the existing decaying dock and
other onshore infrastructure used to
move marine debris collected from San
Francisco Bay onto land for disposal.
The existing dock will be removed and
replaced. The work will involve impact
hammering 31 24-inch diameter
concrete deck support piles and 17 14inch diameter timber fender piles for the
replacement dock and removal of the
decayed dock by cutting or otherwise
removing 31 18-inch diameter concrete
deck support piles and 17 14-inch
diameter timber fender piles. The ACOE
recently informed us that three of the
24-inch diameter concrete piles may be
replaced with 18-inch diameter concrete
piles, but we analyzed the more
conservative case of all 24-inch
diameter concrete piles. This
construction work will take no more
than 26 days of in-water pile work. A
detailed description of the planned
project is provided in the Federal
Register notice for the proposed IHA (86
FR 28768; May 28, 2021). Since that
time, no changes have been made to the
planned activities. Therefore, a detailed
description is not provided here. Please
refer to that Federal Register notice for
the description of the specific activity.
The pile driving/removal can result in
take of marine mammals from sound in
the water which results in behavioral
harassment or auditory injury.
In summary, the project period
includes 10 days of pile removal and 16
days of pile installation activities for
which incidental take authorization is
requested.
TABLE 1—SUMMARY OF PILE DRIVING AND REMOVAL ACTIVITIES
Number
of piles
Method
Pile type
Cutting ...................................
Cutting ...................................
Impact Driving .......................
18-inch concrete ...................
14-inch timber .......................
24-inch concrete ...................
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Frm 00011
Minutes/strikes per pile
31
17
31
Fmt 4703
5 min .....................................
5 min .....................................
1,000 strikes .........................
Sfmt 4703
E:\FR\FM\14JYN1.SGM
14JYN1
Piles
per day
Duration
(days)
10
10
10
7
3
10
]]>Agencies
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37122-37124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14969]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Intent To Conduct Restoration Planning
AGENCY: Office of Response and Restoration (OR&R), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
U.S. Department of Commerce (DOC).
ACTION: Notice of intent to conduct restoration planning activities.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given of intent to proceed with restoration
planning actions to address injuries to natural resources resulting
from the discharge of oil from the Kirby Inland Marine LP tank barge
30015T (the ``Incident''). The purpose of this restoration planning
effort is to evaluate and select restoration actions to compensate the
public for the natural resource injuries resulting from the Incident.
FOR FURTHER INFORMATION CONTACT: For further information contact one or
more of the following Trustee representatives: Laurie Sullivan (NOAA)
at (707) 570-1762, [email protected]; Johanna Gregory Belssner
(TPWD) at (512) 389-8703, [email protected].
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2019, tank barge 30015T, owned by Kirby Inland Marine,
LP (``Kirby''), collided with the tanker ship Genesis River near
Bayport, Texas. The collision penetrated the hull of Kirby's barge
30015T, and an estimated 14,278 barrels (about 600,000 gallons) of oil
in the form of reformate, a gasoline blending stock, was lost from the
barge. Reformate discharged from the Kirby barge flowed into the
Houston Ship Channel and Galveston Bay, spreading westward and
southward and washing ashore on the western coastline of the bay
roughly between Red Bluff and Eagle Point, Texas. The discharge
affected natural resources in the general area. All of the foregoing is
referred to as the ``Incident.''
Pursuant to section 1006 of the Oil Pollution Act (``OPA''), 33
U.S.C. 2701,
[[Page 37123]]
et seq., 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
National Contingency Plan, 40 CFR Section 300.600 and Executive Order
12777. State trustees for Texas are designated by the Governor of Texas
pursuant to the National Contingency Plan, 40 CFR Section 300.605. The
natural resources trustees (``Trustees'') under OPA for this Incident
are the United States Department of Commerce, acting through the
National Oceanic and Atmospheric Administration (``NOAA''); the Texas
General Land Office (``TGLO''); the Texas Commission on Environmental
Quality (``TCEQ''); and the Texas Parks and Wildlife Department
(``TPWD''). Kirby is the Responsible Party (``RP'') for the Incident.
The Trustees are coordinating with representatives of the RP on Natural
Resource Damage Assessment (``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 Preassessment 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 (i.e., environmental data
collected in the immediate aftermath of the spill), and (3) other
assessment data.
The NRDA Regulations under OPA, 15 CFR part 990 (``NRDA
regulations''), provide that the Trustees are to prepare a Notice of
Intent to Conduct Restoration Planning (``notice'') if they (1)
determine certain conditions have been met, and if they decide to (2)
quantify the injuries to natural resources and (3) develop a
restoration plan.
This notice is to announce, 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 Incident. The purpose of this restoration planning
effort is to evaluate and select restoration actions to compensate the
public for the natural resource injuries resulting from the Incident.
Determination of Jurisdiction
The Trustees have made the following findings pursuant to 15 CFR
990.41:
a. The rupture of the oil storage tanks on Kirby's barge 30015T on
May 10, 2019, resulted in a discharge of oil into and upon navigable
waters of the United States, including the Houston Ship Channel and
Galveston Bay, as well as adjoining shorelines. Such occurrence
constitutes an ``Incident'' within the meaning of 15 CFR 930.30.
b. 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.
c. Natural resources under the trusteeship of the Trustees have
been injured as a result of the Incident. Chemical components of the
reformate discharged from Kirby barge 30015T are known to be harmful to
marine and coastal organisms and habitat that were exposed to the oil.
Accordingly, the discharged oil has had an adverse effect on the
natural resources in Galveston Bay and its adjoining shorelines and
impaired the services, which those resources provide.
Documents in the Administrative Record contain more information
regarding the specific studies, observations, analyses, etc., by which
the Trustees reached this determination.
As a result of the foregoing determinations, the Trustees have
jurisdiction to pursue restoration under the OPA.
Determination To Conduct Restoration Planning
The Trustees have determined, pursuant to 15 CFR 990.42(a), that:
a. Observations and data collected pursuant to 15 CFR 990.43 (including
dead fish and invertebrates exposed to reformate; information regarding
shoreline beaches, and subtidal habitats and other habitats affected by
oil or response activities) demonstrate that injuries to natural
resources have resulted from the Incident. Immediately following the
Incident, the Trustees, in cooperation with the RP, identified several
categories of impacted and potentially impacted resources, including
marine mammals, fish, invertebrates, oysters, shoreline and subtidal
habitats, and the water column, as well as effects to human use/
recreation resulting from impacts on these natural resources. The
Trustees then began conducting activities to evaluate injuries and
potential injuries within these categories. More information on these
resource categories is available in the Administrative Record,
including information gathered during the Preassessment Phase.
b. Spill 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 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 (the condition they would have
been in had it not been for the Incident), but interim losses have
occurred or have likely occurred and will continue until a return to
baseline is achieved.
Feasible compensatory restoration actions exist to address injuries
resulting from the Incident. To conduct restoration planning, the
Trustees have reviewed a number of restoration options in Galveston Bay
and its adjoining shoreline that could potentially be implemented to
compensate for interim losses resulting from the Incident. In addition,
assessment procedures such as Habitat Equivalency Analysis are
available to scale the appropriate amount of compensatory restoration
required to offset ecological service losses resulting from this
Incident. The Trustees will work cooperatively with local governmental
agencies and non-governmental organizations to identify a suite of
potential restoration projects commensurate with the injuries sustained
due to the spill. The public may also send restoration project ideas to
the Trustees (FOR FURTHER INFORMATION section for contacts). It is the
goal of the Trustees to select restoration with a strong nexus to the
spill.
During the Restoration Planning Phase, the Trustees 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.
Based upon information in the Administrative Record and the
foregoing determinations, the Trustees intend to proceed with the
Restoration Planning Phase for this Incident.
Opportunity To Comment
Pursuant to 15 CFR 990.14(d), the Trustees seek public involvement
in restoration planning for this Incident through the solicitation of
restoration ideas and public review of the Administrative Record. The
Trustees also intend to seek public comment on a draft Damage
Assessment and
[[Page 37124]]
Restoration Plan after it has been prepared.
Administrative Record
The Trustees have opened an Administrative Record in compliance
with 15 CFR 990.45. The Administrative Record will include documents
considered by the Trustees during the Preassessment, and Restoration
Planning Phases of the NRDA performed in connection with the Incident.
The Administrative Record will be augmented with additional information
over the course of the NRDA process.
The Administrative Record may be viewed at the following website:
https://www.diver.orr.noaa.gov/web/guest/diver-admin-record/12302.
Scott Lundgren,
Director, Office of Response and Restoration, National Ocean Service,
National Oceanic and Atmospheric Administration.
[FR Doc. 2021-14969 Filed 7-13-21; 8:45 am]
BILLING CODE 3510-JE-P
