Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices 26721 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing to obtain 

general information concerning the 

public teleconference may contact Dr. 

Holly Stallworth, Designated Federal 

Officer (DFO), EPA Science Advisory 

Board via e-mail at 

stallworth.holly@epa.gov, telephone/ 

voice mail (202) 564–2073, or fax (202) 

565–2098. General information 

concerning the EPA Science Advisory 

Board can be found on the EPA Web site 

at http://www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: The SAB 

was established pursuant to the 

Environmental Research, Development, 

and Demonstration Authorization Act 

(ERDAA), codified at 42 U.S.C. 4365, to 

provide independent scientific and 

technical advice to the EPA 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal Advisory Committee 

chartered under the Federal Advisory 

Committee Act (FACA), 5 U.S.C., App. 

2. Pursuant to FACA and EPA policy, 

notice is hereby given that the SAB will 

hold a public teleconference to conduct 

a quality review of a draft report entitled 

‘‘SAB Review of Valuing Mortality Risk 

Reductions for Environmental Policy.’’ 

The SAB will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

Background: The SAB was asked to 

review and provide advice to EPA on a 

draft White Paper, entitled ‘‘Valuing 

Mortality Risk Reductions for 

Environmental Policy: A White Paper’’ 

(December 2010). To conduct this 

review, the SAB Staff Office requested 

public nominations of experts (74 FR 

32607–32608) and augmented the SAB 

Environmental Economics Advisory 

Committee. The Environmental 

Economics Advisory Committee 

Augmented for Valuing Mortality Risk 

Reduction held a face-to-face public 

meeting on January 20–21, 2011 (75 FR 

80048–80049) and a public 

teleconference on March 14, 2011 (76 

FR 11242–11243). The SAB will 

conduct a quality review of the Panel’s 

draft report. Background information 

about this SAB advisory activity can be 

found on the SAB Web site at http:// 

yosemite.epa.gov/sab/sabproduct.nsf/

fedrgstr_activites/Mortality%20Risk%20

Valuation?OpenDocument. 

Availability of Meeting Materials: The 

agenda and other materials in support of 

the teleconference will be placed on the 

SAB Web site at http://www.epa.gov/sab 

in advance of the teleconference. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s Federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a Federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. 

Federal advisory committees and 

panels, including scientific advisory 

committees, provide independent 

advice to EPA. Members of the public 

can submit comments for a Federal 

advisory committee to consider as it 

develops advice for EPA. Input from the 

public to the SAB will have the most 

impact if it provides specific scientific 

or technical information or analysis for 

SAB panels to consider or if it relates to 

the clarity or accuracy of the technical 

information. Members of the public 

wishing to provide comment should 

contact the Designated Federal Officer 

directly. Oral Statements: Individuals or 

groups requesting an oral presentation 

will be limited to three minutes. Those 

interested in being placed on the public 

speaker list for the June 7, 2011 

teleconference should contact Dr. 

Stallworth at the contact information 

provided above no later than June 1, 

2011. Written Statements: Written 

statements should be supplied to the 

DFO via e-mail at the contact 

information noted above by June 1, 2011 

for the teleconference so that the 

information may be made available to 

the Panel members for their 

consideration. Written statements 

should be supplied in one of the 

following electronic formats: Adobe 

Acrobat PDF, MS Word, MS 

PowerPoint, or Rich Text files in IBM– 

PC/Windows 98/2000/XP format. It is 

the SAB Staff Office general policy to 

post written comments on the Web page 

for the advisory meeting or 

teleconference. Submitters are requested 

to provide an unsigned version of each 

document because the SAB Staff Office 

does not publish documents with 

signatures on its Web sites. Members of 

the public should be aware that their 

personal contact information, if 

included in any written comments, may 

be posted to the SAB Web site. 

Copyrighted material will not be posted 

without explicit permission of the 

copyright holder. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Dr. 

Stallworth at (202) 564–2073 or 

stallworth.holly@epa.gov. To request 

accommodation of a disability, please 

contact Dr. Stallworth preferably at least 

ten days prior to the teleconference to 

give EPA as much time as possible to 

process your request. 

Dated: May 3, 2011. 

Anthony Maciorowski, 

Deputy Director, EPA Science Advisory Staff 

Office. 

[FR Doc. 2011–11209 Filed 5–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9302–9] 

Re-Issuance of a General Permit to the 

National Science Foundation for the 

Ocean Disposal of Man-Made Ice Piers 

From McMurdo Station in Antarctica; 

Proposed Permit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA proposes to re-issue a 

permit authorizing the National Science 

Foundation (NSF) to dispose of ice piers 

in ocean waters. Permit re-issuance is 

necessary because the current permit 

has expired. EPA does not propose 

changes to the content of the permit 

because ocean disposal under the terms 

of the previous permit will continue to 

meet the ocean disposal criteria. 

DATES: Written comments on this 

proposed general permit will be 

accepted until June 8, 2011. All 

comments must be received or 

postmarked by midnight of June 8, 2011, 

or must be delivered by hand by the 

close of business of that date to the 

address specified below. 

ADDRESSES: This proposed permit is 

identified as Docket No. EPA–HQ–OW– 

2011–0306. Submit your comments by 

one of the following methods: 

Mail: Send an original and three 

copies of your comments and enclosures 

(including references) to Water Docket, 

U.S. Environmental Protection Agency, 

Mail Code: 2822–IT, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

Attention Docket No. EPA–HQ–OW– 

2011–0306. 

Hand delivery: EPA Water Docket, 

EPA Docket Center, EPA West Building, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC 20460, Docket 

No. EPA–HQ–OW–2011–0306. 

Deliveries to the docket are accepted 

only during their normal hours of 

operation: 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. For access to docket materials, 

call: 202/566–2426, to schedule an 

appointment. 

E- mail: ow-docket@epa.gov; 

Attention Docket No. EPA–HQ–OW– 

2011–0306. To ensure that EPA can 

properly respond to comments, 

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26722 Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices 

commenters should cite the 

paragraph(s) or sections in the proposed 

permit to which each comment refers. 

Commenters should use a separate 

paragraph for each issue discussed, and 

must submit any references cited in 

their comments. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment. Electronic files should avoid 

any form of encryption and should be 

free of any defects or viruses. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Amson, Senior Marine 

Scientist, Marine Pollution Control 

Branch, Oceans and Coastal Protection 

Division (4504T), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

telephone: 202/566–1276. 

SUPPLEMENTARY INFORMATION: On 

February 14, 2003, EPA issued a general 

permit to the National Science 

Foundation (NSF) for ocean disposal of 

man-made ice piers from its base at 

McMurdo Station in Antarctica. This 

ocean dumping permit had a term of 

seven years. It remains in effect under 

the Administrative Procedure Act, 5 

U.S.C. 558(c), after its February 18, 2010 

expiration because NSF applied for reissuance prior to expiration. The 

purpose of today’s proposed general 

permit is to re-issue the 2003 permit for 

another seven-year period. The reissued permit will allow the NSF to 

ocean dispose the ice pier currently in 

use at McMurdo Station, which is at the 

end of its service life. 

EPA proposes to re-issue the general 

permit under Sections 102(a) and 104(c) 

of the Marine Protection, Research, and 

Sanctuaries Act (MPRSA) to authorize 

the NSF to dispose of man-made ice 

piers in ocean waters from McMurdo 

Station in Antarctica. The NSF is the 

entity of the United States Government 

responsible for oversight of the United 

States Antarctic Program. The NSF 

currently operates three major bases in 

Antarctica: McMurdo Station on Ross 

Island, adjacent to McMurdo Sound; 

Palmer Station, near the western 

terminus of the Antarctic Peninsula; and 

Amundsen-Scott Station, at the 

geographic South Pole. McMurdo 

Station is the largest of the three bases, 

and serves as the primary logistics base 

for Antarctica. The great majority of 

personnel and supplies destined for the 

three stations are unloaded at, and pass 

through, McMurdo Station. To unload 

supplies, ships dock at an ice pier. Manmade ice piers have a normal life span 

of three to five years; the current ice 

pier, constructed in 1999, is over ten 

years old, and is effectively at the end 

of its service life. 

When an ice pier is at the end of its 

effective life, all transportable 

equipment, materials, and debris are 

removed; the pier is cast loose from its 

moorings at the base. It is then towed 

out to McMurdo Sound for disposal, 

where it disintegrates naturally. Reissuance of this general permit is 

necessary because the pier must be 

towed out to sea for disposal at the end 

of its effective life. This proposed 

general permit is intended to protect the 

marine environment by setting forth 

specific permit terms and conditions 

including operating conditions that 

occur over the life of the pier. It also 

describes required clean-up actions that 

the NSF must comply with before the 

disposal of any ice pier can take place. 

A. Background on McMurdo Station Ice 

Pier 

For background information on the 

McMurdo Station ice pier, the reader is 

referred to the Federal Register notice of 

January 7, 2003 (68 FR 775–780), which 

is hereby incorporated by reference into 

this notice. None of the stipulated facts 

of Section A (‘‘Background on McMurdo 

Station Ice Pier’’) of the January 7, 2003, 

notice have changed since its issuance 

on that date. The materials to be 

dumped (other than the ice in the pier 

itself, which melts naturally) include 

materials used in construction of the ice 

pier that cannot be removed prior to 

disposal. As explained in the January 7, 

2003, notice, construction of an ice pier 

at McMurdo Station involves the 

following types and approximate 

quantities of materials that are normally 

used: (a) 6,300 m (21,000 ft) of one-inch 

steel cable; (b) 200 m (650 ft) of twoinch steel pipe; (c) three or four 

chemically-untreated wooden utility 

poles approximately one-foot in 

diameter, (d) several steel bollards; and 

(e) 4,200 cubic meters (5,000 cubic 

yards) of gravel, 2 cm or smaller in size. 

When the pier has deteriorated to the 

point that it is no longer capable of 

being used during the next operating 

season, the wooden poles are cut off just 

above the surface of the ice, the steel 

bollards are blasted loose and removed, 

the gravel is scraped off and stored for 

use during the next operating season, all 

transportable equipment, materials, and 

debris are removed, and the pier is 

separated from its attachment at 

McMurdo Station at the end of the 

austral summer. It is then towed by a 

ship into McMurdo Sound past the 

northern end of the open channel in the 

ice, as close to the Ross Sea currents as 

possible. The pier is cast loose in a 

direction to allow it to flow with the 

Ross Sea currents, away from the open 

channel in the ice. The pier will then 

float amidst the ice pack, where it mixes 

with the annual Antarctic sea ice, and 

eventually disintegrates. 

B. Statutory and Regulatory 

Background 

1. Obligations Under United States Law 

Section 102(a) of the MPRSA, 33 

U.S.C. 1412(a), requires that agencies or 

instrumentalities of the United States 

obtain a permit to transport any material 

from any location for the purpose of 

dumping into ocean waters. MPRSA 

Section 104(c), 33 U.S.C. 1414(c), and 

EPA regulations at 40 CFR 220.3(a) 

authorize the issuance of a general 

permit under the MPRSA for the 

dumping of materials which have a 

minimal adverse environmental impact, 

and are generally disposed of in small 

quantities. The proposed towing of ice 

piers by the NSF from McMurdo Station 

for disposal at sea constitutes 

transportation of material for the 

purpose of dumping in ocean waters; 

thus, it is subject to the requirements of 

the MPRSA. Ocean disposal of the 

materials incorporated into the ice pier 

will have a minimal adverse 

environmental impact, and represents 

comparatively small quantities of nonrecoverable, non-ice matter. 

The NSF has completed a United 

States Antarctic Program (USAP) 

Environmental Impact Statement (June 

1980), a USAP Final Supplemental 

Environmental Impact Statement 

(October 1991), and an Initial 

Environmental Evaluation (May 1992). 

More recently, the NSF has issued two 

Records of Environmental Review: 

Installation of Freeze Cells in Ice Piers 

(1998), and Use of Freeze Cells in Ice 

Piers to Repair Cracks (2000). All these 

documents address various aspects of 

the construction, operation, and 

disposal of ice piers at McMurdo Station 

in Antarctica, and are available for 

review at the Office of Polar Programs 

of the NSF, 4201 Wilson Boulevard, 

Arlington, VA 22230. (For further 

information, contact Polly Penhale, at 

703/292–7420). None of these 

documents identified any potential 

environmental impacts from the 

disposal of ice piers, other than the 

minor navigational hazard equivalent to 

that posed by an ice floe or a small 

iceberg. The Agency considered the 

analyses contained in the five 

documents in developing this proposed 

re-issuance of the general permit for the 

NSF. 

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Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices 26723 

2. Obligations Under International Law 

The Antarctic Science, Tourism, and 

Conservation Act of 1996 amended the 

Antarctic Conservation Act of 1978. 

This law is designed to implement the 

provisions of the Protocol on 

Environmental Protection to the 

Antarctic Treaty (‘‘the Protocol’’). The 

United States Senate ratified the 

Protocol on April 17, 1997, and it 

entered into force on January 18, 1998. 

The Protocol builds on the Antarctic 

Treaty to extend its effectiveness as a 

mechanism for ensuring protection of 

the Antarctic environment. It designates 

Antarctica as a natural reserve, devoted 

to peace and science, and sets forth 

basic principles as well as detailed 

mandatory rules that are applicable to 

human activities in Antarctica. It 

prohibits all activities relating to 

mineral resources on the continent, 

except for scientific research. It commits 

signatories (known as Parties) to the 

Protocol to complete environmental 

impact assessment procedures for 

proposed activities, both governmental 

and private. Among other things, it 

requires Parties to protect Antarctic 

flora and fauna, and it imposes strict 

limitations on disposal of wastes on the 

continent, as well as discharges of 

pollutants in Antarctic waters. 

Several sets of regulations exist that 

assist in the implementation of the 

Protocol. These include: (a) NSF 

regulations regarding environmental 

impact assessment of proposed 

Foundation actions in Antarctica (45 

CFR Part 641), (b) NSF waste regulations 

for Antarctica (45 CFR Part 671), and (c) 

EPA regulations regarding 

environmental impact assessment of 

non-governmental activities in 

Antarctica (40 CFR Part 8). 

EPA’s proposal to re-issue a general 

permit under the MPRSA does not 

conflict with obligations under the 

Protocol and any implementing 

legislation. EPA has coordinated with 

other responsible authorities, as 

appropriate, in EPA’s consideration of 

the issuance of a general permit under 

the MPRSA. 

C. Potential Effects of Ice Pier Disposal 

EPA’s findings regarding (a) the fate of 

materials disposed in the ocean, (b) the 

potential effects of ice pier disposal on 

organisms in the polar marine 

environment, such as cetaceans 

(whales), pinnipeds (seals), avian 

species, and endangered or threatened 

species, and (c) environmental concerns 

associated with any operational 

discharges, leaks, or spills that may 

have contaminated the surface of the ice 

pier over the period of its existence are 

explained in Section C of the January 7, 

2003, notice, and have not changed, 

with one exception. That exception is 

the updated spill prevention, control, 

and countermeasures (SPCC) plan, 

which is described below. 

EPA notes that the NSF has a SPCC 

plan for all the stations and bases under 

NSF jurisdiction in Antarctica. That 

plan, initially formulated in 1994, has 

been updated by NSF, and is titled: 

SPCC Plan for McMurdo Station, 

McMurdo Sound, Antarctica; the final 

document is dated January 7, 2010. The 

SPCC plan includes a section addressing 

fuel storage and transfer systems for the 

ice pier at McMurdo Station. EPA 

adopts the findings from the January 7, 

2010, notice in its proposed permit 

today. 

D. Discussion 

This new general permit that EPA 

proposes to re-issue to NSF and its 

agents for the ocean dumping of manmade ice piers from NSF’s McMurdo 

Station, Antarctica, is subject to specific 

conditions. This proposed general 

permit applies only to the ocean 

dumping of man-made ice piers from 

the NSF base at McMurdo Station, 

Antarctica. Agents of the NSF are 

included in the permit because 

transportation for the purpose of 

dumping an ice pier may be by vessels 

which are not under the direct 

ownership or operational control of the 

NSF. Section 104(a) of the MPRSA 

provides that permits shall be issued for 

a period not to exceed seven years (33 

U.S.C. 1414(a)); thus, the term of this 

proposed permit is limited to seven 

years from the date of issuance. 

With the institution of new protective 

measures, such as longer length hoses 

for unloading petroleum products from 

the annual supply tanker, and new 

precautions taken in the handling and 

return to bases outside of Antarctica of 

used and contaminated chemicals, 

solvents, and hazardous materials, the 

chance of a spill or discharge of these 

materials is low. There is considerable 

vehicular traffic on the ice pier during 

the austral summer season, and the 

possibility of leaks or discharges from 

these vehicles cannot be totally avoided. 

However, the NSF has informed EPA 

that vehicles are parked on the pier for 

only brief periods of time, ranging from 

a few minutes to less than an hour, and 

that no vehicles are ever parked on the 

pier overnight. Additionally, such small 

discharges are typically contained 

within the temporary gravel cover, 

which is removed prior to ocean 

disposal. 

The proposed general permit 

establishes several specific conditions 

that shall be met during the life of, and 

prior to the dumping of, the ice pier. In 

addition, it requires the NSF to report 

by June 30 of every year to the Director 

of the Oceans and Coastal Protection 

Division, in EPA’s Office of Water, on 

any spills, discharges, or clean-up 

procedures on the ice pier, and on any 

dumping of ice piers from McMurdo 

Station that are conducted under this 

general permit. 

This general permit requires that the 

NSF have an SPCC plan in place for the 

ice pier. This plan must address 

(specified in Item 1 in the permit): 

(a) The unloading of petroleum 

products from supply tankers to the 

storage tanks at McMurdo Station; 

(b) The unloading of drummed 

chemicals, petroleum products, and 

material from cargo freighters to supply 

depots at McMurdo Station; and 

(c) The loading of materials to 

freighters that are destined to be 

returned to bases outside of Antarctica. 

The proposed permit requires that the 

SPCC plan include methods to 

minimize the accidental release or 

discharge of any products to the ice 

pier. In addition, the proposed general 

permit requires that the following cleanup and reporting procedures must be 

followed by NSF in the event of a spill 

or discharge on the pier (specified in 

Item 2 in the permit): 

(a) All spills or discharges must be 

cleaned up within two hours of the spill 

or discharge, or as soon as possible 

thereafter; 

(b) If a spill or discharge occurs, 

clean-up procedures must be completed 

to a level below any visible evidence of 

the spill or discharge; 

(c) As part of normal permit 

monitoring requirements, an official 

record of the following information 

shall be kept by NSF (specified in Item 

3 in the permit): 

(1) The date and time of all spills or 

discharges, the location of the spill or 

discharge, the approximate volume of 

the spill or discharge, the clean-up 

procedures employed, and the results of 

those procedures; 

(2) The number of wooden poles 

remaining in the pier at the time of 

release from McMurdo Station, and 

their approximate length; 

(3) The approximate length of the 

steel cables remaining in the pier at the 

time of its release; 

(4) Any other non-ice substances 

remaining on the pier at the time of its 

release; and 

(5) The date of detachment of the pier 

from McMurdo Station, and the 

geographic coordinates (latitude and 

longitude) of the point of final release of 

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26724 Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices 

the pier in McMurdo Sound or the 

Antarctic Sea. 

(d) A copy of this record shall be 

submitted to the Director of the Oceans 

and Coastal Protection Division, in the 

Office of Water, at EPA Headquarters, by 

June 30 of every year as part of the 

annual reporting requirements. 

The conditions specified in the 

proposed permit are intended to protect 

the Antarctic environment against 

release of contaminants from the 

McMurdo Station ice pier following its 

ocean dumping and subsequent 

disintegration and melting. 

Furthermore, the NSF is directed, as 

a condition of this permit, to utilize a 

methodology to track any ice piers 

released from McMurdo Station for a 

period of one year from the date of 

release of the pier (specified in Item 5(c) 

of the permit). Such methodologies may 

include the use of satellite-tracked 

pingers placed on the ice pier, or any 

other methodology that will allow data 

to be collected on the course, speed, and 

location of the released ice pier. The 

results of these tracking efforts shall be 

included in the reports that NSF is 

required to submit to EPA. The period 

of one year was chosen by EPA for 

several reasons. First, batteries for 

pinger-tracking operations beyond a 

period of one year become considerably 

heavier and bulkier (and a greater 

source of pollution to the marine 

environment when the ice pier 

eventually disintegrates and melts); and 

second, one year’s tracking 

measurements should provide 

substantial evidence about the 

geographic track of ice piers during the 

disintegration process. The NSF shall 

submit tracking reports to EPA for all 

releases of ice piers from McMurdo 

Station under this permit. If tracking 

results demonstrate that all ice piers 

released have generally followed the 

same geographic path and time of 

disintegration for the one year following 

release, EPA will consider whether 

further tracking efforts and reports shall 

be required from NSF in any future 

issuances of this permit. 

EPA received the tracking records 

from NSF of the last release of an ice 

pier from McMurdo Station. The pier 

was released on February 14, 1999, and 

travelled in a generally northern 

direction into the Southern Ocean; it 

was tracked until the pinger signal was 

lost on December 7, 1999. However, the 

ice pier only showed movement from 

the time of its release until May 1, 1999; 

from that time until December 7th, there 

was no further travel of the pier, and it 

is assumed it was frozen into the 

Antarctic ice pack. The following table 

provides information on the path of the 

ice pier from February 14 to May 1, 

1999: 

Date Latitude Longitude 

February 

14, 1999 

77.75° S. 166.37° E. 

February 

28, 1999 

76.92° S. 162.90° E. 

March 15, 

1999 

75.43° S. 167.35° E. 

March 30, 

1999 

73.48° S. 170.91° E. 

April 10, 

1999 

70.77° S. 169.46° E. 

April 20, 

1999 

70.53° S. 168.06° E. 

May 1, 

1999 

70.38° S. 167.22° E. 

Using a great circle distance 

calculator, it can be determined that, 

from the time of its release until the pier 

was frozen into the ice pack, the ice pier 

travelled a total distance of 526 statute 

miles, or 457 nautical miles. 

Considering that any contaminants 

remaining on the surface of the pier are 

expected to be extremely small, and that 

the area over which the disintegration 

and melting of the piers is immense 

(and probably incalculable), the 

potential for damage to the environment 

from the ocean dumping of ice piers 

from McMurdo Station, in Antarctica, is 

minimal. In addition, the possibility of 

entanglement of any large organisms in 

suspended loops of cable from the 

melting piers has been determined by 

EPA to be very minimal; further 

discussion of this issue can be found in 

‘‘C. Potential Effects of Ice Pier 

Disposal’’, in the January 7, 2003 notice. 

Statutory and Executive Order Reviews 

A. Paperwork Reduction Act 

The Paperwork Reduction Act, 44 

U.S.C. 3501 et seq., is intended to 

minimize the reporting and recordkeeping burden on the regulated 

community, as well as to minimize the 

cost of Federal information collection 

and dissemination. In general, the Act 

requires that information requests and 

record-keeping requirements affecting 

ten or more non-Federal respondents be 

approved by the Office of Management 

and Budget. Since this proposed general 

permit affects only a single Federal 

agency’s record-keeping and reporting 

requirements, it is not subject to the 

requirements of the Paperwork 

Reduction Act. 

B. Endangered Species Act 

The Endangered Species Act (ESA) 

imposes duties on Federal agencies 

regarding endangered species of fish, 

wildlife, or plants and habitat of such 

species that have been designated as 

critical. Section 7(a)(2) of the ESA and 

its implementing regulations (50 CFR 

Part 402) require EPA to ensure, in 

consultation with the Secretary of the 

Interior or Commerce, that any action 

authorized, funded, or carried out by 

EPA in the United States or upon the 

high seas, is not likely to jeopardize the 

continued existence of any endangered 

or threatened species, or adversely affect 

their critical habitat. 

In compliance with Section 7 of the 

ESA, an endangered species list for the 

affected area of ocean dumping of ice 

piers from the NSF facility at McMurdo 

Station in Antarctica was requested by 

EPA and received from both the U. S. 

Fish and Wildlife Service (USF&WS) of 

the Department of the Interior, and the 

National Marine Fisheries Service 

(NMFS) of the U.S. Department of 

Commerce. No endangered, threatened, 

or candidate species are reported to 

potentially occur in the affected area. 

EPA has discussed this matter with 

both the USF&WS and the NMFS 

pursuant to Section 7 of the ESA, and 

both agencies have agreed that the ocean 

dumping of ice piers by the NSF or its 

agents from McMurdo Station in 

Antarctica will have no effect on 

endangered or threatened species. EPA 

will consider any comments offered by 

either the USF&WS or the NMFS on this 

issue before promulgating a final general 

permit on the ocean dumping of ice 

piers. 

Dated: May 3, 2011. 

Paul Cough, 

Director, Oceans and Coastal Protection 

Division. 

Paul Cough, 

Director, Oceans and Coastal Protection 

Division. 

EPA proposes to re-issue a general 

permit for the NSF as follows: 

Disposal of Ice Piers From McMurdo 

Station, Antarctica 

The U.S. National Science Foundation 

and its agents are hereby granted a 

general permit under Sections 102(a) 

and 104(c) of the Marine Protection, 

Research, and Sanctuaries Act, 33 

U.S.C. 1412(a) and 1414(c), to transport 

ice piers from McMurdo Station, 

Antarctica, for the purpose of ocean 

dumping, subject to the following 

conditions: 

(1) The NSF shall have a spill 

prevention, control, and 

countermeasures (SPCC) plan in place, 

for the McMurdo Station ice pier. The 

SPCC plan shall address procedures for 

loading and unloading the following 

materials, and shall include methods to 

minimize the accidental release or 

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Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices 26725 

discharge of any of these materials to 

the ice pier: 

(a) Petroleum products unloaded from 

supply tankers to storage tanks at 

McMurdo Station; 

(b) Drummed chemicals, petroleum 

products, and all materials unloaded 

from cargo freighters to supply depots at 

McMurdo Station; and 

(c) All materials loaded to freighters 

destined to be returned to bases outside 

Antarctica. 

(2) If a spill or discharge occurs on an 

ice pier, clean-up procedures must be 

completed by NSF or its contractors to 

a level below any visible evidence of the 

spill or discharge. All spills or 

discharges on an ice pier must be 

cleaned up within two hours of the spill 

or discharge, unless circumstances 

prevent cleanup within that time frame. 

In that event, the spill or discharge shall 

be cleaned up as soon as possible 

thereafter. 

(3) As part of normal monitoring 

requirements, a record of the following 

information shall be kept by NSF: 

(a) The date and time of all spills or 

discharges, the location of the spill or 

discharge, a description of the material 

that was spilled or discharged, the 

approximate volume of the spill or 

discharge, clean-up procedures 

employed, and the results of those 

procedures; 

(b) The number of wooden poles 

remaining in the pier at the time of its 

release from McMurdo Station, and 

their approximate length; 

(c) The approximate length of the 

steel cables remaining in the pier at the 

time of its release from McMurdo 

Station; 

(d) Any other non-ice materials 

remaining on the pier at the time of its 

release from McMurdo Station; and 

(e) The date of detachment of the pier 

from McMurdo Station, and the 

geographic coordinates (latitude and 

longitude) of the point of final release of 

the pier in McMurdo Sound or the 

Antarctic Sea. 

(4) The non-embedded ends of all 

wooden utility poles or bollards shall be 

cut off from the ice pier prior to 

disposal, and shall not be disposed of in 

the ocean. 

(5) Prior to the ocean dumping of any 

ice piers, the NSF shall take the 

following actions: 

(a) Other than the matter physically 

embedded in the ice pier (such as the 

ends of wooden light poles frozen in the 

pier, and the strengthening steel cables), 

all other objects (including the nonembedded portions of the wooden poles 

used for lighting, power, or telephone 

connections, and any removable cables, 

equipment debris, or objects of 

anthropogenic origin), shall be removed 

from the ice pier prior to dumping; 

(b) The gravel non-slip surface of the 

ice pier shall be removed to the 

maximum extent possible, and shall be 

stored on the mainland for subsequent 

use during the next operating season; 

and 

(c) A methodology to track any ice 

piers released from McMurdo Station 

shall be established and utilized for a 

period of one year from the date of 

release of the ice pier. The results of 

these tracking efforts shall be included 

in the annual reports that the NSF is 

required to submit to the Agency. 

(6) The NSF shall submit a report by 

June 30 of every year to the Director, 

Oceans and Coastal Protection Division, 

Office of Water, 1200 Pennsylvania 

Avenue, N.W., Washington, DC 20460, 

on: 

(a) Any spills, discharges, or clean-up 

procedures on the ice pier at McMurdo 

Station; 

(b) Any ocean dumping of ice piers 

from McMurdo Station; and 

(c) Any tracking efforts of ice piers 

released from McMurdo Station under 

this general permit, for the year 

preceding the date of the annual report. 

(7) For the purpose of this permit, the 

term ‘‘ice pier(s)’’ means those manmade ice structures containing 

embedded steel cable, wooden pole 

ends, and any remaining gravel frozen 

into the surface of the pier, that are 

constructed at McMurdo Station, 

Antarctica, for the purpose of offloading the annual provisions of fuel, 

supplies, and materiel for use by NSF 

activities in Antarctica, as well as for 

the purpose of loading the previous 

year’s accumulation of wastes, which 

can be returned to the United States for 

recycling and disposal. 

(8) This permit shall be valid until 

(month)(day), 2018. 

[FR Doc. 2011–11211 Filed 5–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9303–3] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the City of South 

Burlington, VT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(1) [inconsistent with the public 

interest] to the City of South Burlington, 

Vermont (‘‘City’’) for the installation of 

two specific turbo aeration blower units 

for the City’s Airport Parkway 

Wastewater Treatment Plant Upgrade 

project. This is a project specific waiver 

and only applies to the use of the 

specified products for the ARRA project 

under construction. Any other ARRA 

recipient that wishes to use the same 

products must apply for a separate 

waiver based on project specific 

circumstances. The City was provided 

written representations by the 

manufacturer (K Turbo USA) during 

2009 and early 2010 that the turbo 

aeration blower units being supplied 

would be substantially transformed in 

the United States and would be in 

compliance with the Buy American 

provisions of ARRA. However, as a 

result of a recent on-going criminal 

investigation, the written 

representations provided by the 

manufacturer that the specified aeration 

blowers units had undergone substantial 

transformation in the United States have 

been questioned. Based on the 

information provided by the City, EPA 

agrees with the City that, if the K–Turbo 

units in question are determined to be 

non-American made, requiring the 

installation of domestically 

manufactured turbo aeration blower 

units will extend the time frame of the 

project by approximately five months 

due to the redesign, procurement, 

submittal delivery, submittal review, 

fabrication, delivery, and replacement of 

the aeration blower installation at the 

construction site. This delay is 

inconsistent with the public interest, 

and a waiver of the Buy American 

provisions in these circumstances is 

justified. The Regional Administrator is 

making this determination based on the 

review and recommendations of the 

Municipal Assistance Unit. The 

Assistant Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception to the 

requirements of Section 1605(a) of 

ARRA. This action allows the 

installation of the two specified turbo 

aeration blower units that have already 

been delivered to the construction site 

as noted in the City’s March 31, 2011 

request. 

DATES: Effective Date: May 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or, David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES