15150 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices 

individuals identifying themselves as 

representatives of or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

This notice is provided pursuant to 

section 10(a) of the Act and Service 

regulations for implementing NEPA. 

The Service will evaluate the 

application, associated documents, and 

comments submitted thereon to prepare 

a Final Supplemental EIS. A permit 

decision will be made no sooner than 30 

days after the publication of the Final 

Supplemental EIS. 

Dated: March 16, 2007. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, California. 

[FR Doc. E7–5914 Filed 3–29–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

M/V Selendang Ayu Natural Resource 

Damage Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent to conduct 

restoration planning. 

SUMMARY: On December 8, 2004, the 

shipping vessel M/V Selendang Ayu ran 

aground and broke apart between Skan 

Bay and Spray Cape on Unalaska Island, 

in Alaska’s Aleutian Islands. The vessel 

was carrying approximately 446,280 

gallons of Intermediate Fuel Oil 380 

(IFO) and 21,058 gallons of Marine 

Diesel Oil (MDO). Although a portion of 

the oils were eventually removed from 

the vessel, 339,538 gallons of the IFO 

380 and 14,680 gallons of marine diesel 

were discharged into the environment 

over time. This Notice of Intent to 

Conduct Restoration Planning (Notice), 

issued pursuant to 15 CFR 990.44, 

pertains to the discharge of oil from the 

M/V Selendang Ayu described above 

(the Incident). The Unified Command 

for the Incident undertook response 

activities to clean up the discharged oil. 

Under section 1006(b) of the Oil 

Pollution Act of 1990 (OPA), 33 U.S.C. 

2706(b), the President has designated 

the Secretary of the U.S. Department of 

the Interior (DOI), represented by the 

Regional Director of the Fish & Wildlife 

Service (FWS), Alaska Region, and the 

Secretary of the U.S. Department of 

Commerce (DOC), represented by the 

National Oceanic Atmospheric 

Administration, as Federal trustees of 

natural resources for this Incident. The 

Governor of the State of Alaska has 

designated the Commissioners of the 

Alaska Departments of Fish & Game, 

Environmental Conservation and 

Natural Resources, and the Alaska 

Attorney General as State trustees of 

natural resources. The Federal and State 

trustees for the Incident will be referred 

to herein collectively as the Trustees. 

The Trustees have determined that 

they have jurisdiction to enter into the 

restoration planning phase of a Natural 

Resource Damage Assessment under 

OPA and its implementing regulations 

and that it is appropriate to do so. The 

purpose of this phase is to prepare a 

plan for the restoration, rehabilitation, 

replacement or acquisition of the 

equivalent of the natural resources and 

services injured, destroyed or lost as a 

result of the Incident. 

ADDRESSES: Alaska Regional Office, U.S. 

Fish and Wildlife Service, 1011 E. 

Tudor Road, Anchorage, AK 99503. 

FOR FURTHER INFORMATION CONTACT: 

Jenifer Kohout, (907) 786–3687 (phone); 

Jenifer_Kohout@fws.gov (e-mail). 

SUPPLEMENTARY INFORMATION: One of the 

goals of OPA is to make the 

environment and the public whole for 

injuries to natural resources and 

services resulting from an incident 

involving a discharge or substantial 

threat of a discharge of oil from a vessel 

into or upon navigable waters or 

adjoining shorelines. This goal is 

achieved through the return of the 

injured natural resources and services to 

baseline and the compensation for 

interim losses of such natural resources 

and services from the date of the 

incident until recovery. 

To facilitate achievement of this goal, 

the Trustees are responsible for 

assessing the damages to natural 

resources under their trusteeship that 

have resulted from the Incident, 

developing a plan for the restoration of 

these resources, and pursuing from the 

parties responsible for the Incident 

(Responsible Parties) funding for the 

implementation of this plan or the 

implementation of the plan by the 

Responsible Parties themselves. The 

Trustees are proceeding in accordance 

with the regulations for Natural 

Resource Damage Assessments at 15 

CFR Part 990. 

The Responsible Parties include, but 

are not necessarily limited to, Ayu 

Navigation Sdn, Bhd, and IMC Shipping 

Pte, Ltd, which were the owner and the 

operator, respectively, of the M/V 

Selendang Ayu at the time of the 

Incident. The guarantor of financial 

responsibility for the liability of these 

Responsible Parties is 

SverigesA ̊ ngfartygs Assurans Fo ̈rening 

(The Swedish Club). 

The Trustees have performed 

preassessment activities in connection 

with the Incident, including data 

collection and preliminary analysis. 

These activities included conducting 

shore and skiff-based surveys to collect 

information about potential impacts to 

birds, marine mammals, fish, intertidal 

and subtidal biota, and associated 

habitats; aerial coastal and pelagic 

surveys and counts to determine species 

at risk from the Incident; surveys of 

subtidal habitats; surveys of 

anadromous fish streams; and collecting 

and cataloging marine bird carcasses 

found on beaches following the 

Incident. To date, the Responsible 

Parties have cooperated with the 

Trustees in the performance and/or 

funding of certain response, cleanup 

and data collection activities. 

Determination of Jurisdiction 

Under 15 CFR 990.41, the Federal and 

State natural resource trustees have 

determined that they have jurisdiction 

to pursue restoration under OPA and its 

implementing regulations, finding: 

a. The discharge of oil beginning on 

or about December 8, 2004 from the 

M/V Selendang Ayu into the Bering Sea, 

off the coast of Spray Cape on Unalaska 

Island, was an ‘‘Incident’’ as defined at 

15 CFR 990.30. 

(1) The M/V Selendang Ayu, a 

‘‘Vessel’’ as defined at 33 U.S.C. 

2701(37), discharged the entire quantity 

of oil involved in this Incident. 

(2) The M/V Selendang Ayu 

discharged oil into or upon navigable 

waters of the United States and 

adjoining shorelines, including federal 

and state waters adjacent to Unalaska 

Island, Alaska, the shoreline of 

Unalaska Island, and anadromous 

streams. 

b. The Trustees have also determined 

that: 

(1) This Incident was not permitted 

under Federal, State or local law; 

(2) The M/V Selendang Ayu is not a 

‘‘public vessel’’ as defined at 33 U.S.C. 

2701(2), as the vessel was not owned or 

bareboat chartered and operated by the 

United States or a State or political 

subdivision thereof, or by a foreign 

nation; and 

(3) The discharge of oil did not occur 

from an onshore facility subject to the 

Trans-Alaska Pipeline Authority Act, 43 

U.S.C. 1651, et seq. 

c. Based upon information gathered 

during the response, cleanup and 

preassessment phases, the Trustees have 

determined that, due to the amount and 

type of oil discharged, the known 

toxicity of the oil, the location of the 

discharge and the living and non-living 

natural resources and services in the 


cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices 15151 

area at the time of the discharge 

(including but not limited to resident 

and anadromous fish, shellfish, riparian 

and upland vegetation, invertebrates, 

birds marine mammals and other 

wildlife, stream sediments and soils, 

water, and public and/or cultural uses), 

natural resources and natural resource 

services under Federal and State 

trusteeship have been or may have been 

injured as a result of the Incident. 

Determination to Conduct Restoration 

Planning 

Under 15 CFR 990.42, the Federal and 

State natural resource trustees have 

determined to conduct restoration 

planning under OPA and its 

implementing regulations, finding: 

a. Based on data collected and 

analyzed under 15 CFR 990.43, injuries 

to natural resources and services have 

resulted or are likely to result from the 

Incident, including, but not necessarily 

limited to, injuries to waterfowl, 

seabirds, intertidal biota, marine 

mammals, terrestrial vegetation, 

subtidal resources, fish and shellfish 

and associated cultural uses. 

b. Response actions have not 

adequately addressed the injuries 

resulting from the Incident. Response 

efforts included, but were not limited to, 

attempting to boom sensitive fish 

streams; removing oil from the wreck; 

removing dead bird and sea otter 

carcasses; capturing, cleaning and 

rehabilitating live oiled birds; 

temporarily closing fisheries; sampling 

marine waters that might affect ongoing 

fisheries; recovering stranded oil on 

shorelines; performing manual and 

mechanical cleanup operations; and 

testing fish and invertebrates used for 

commercial and subsistence purposes. 

While these actions may have reduced 

the number and magnitude of future 

injuries, they did not adequately 

address the mortality and possible 

sublethal effects to natural resources 

and services injured from the Incident. 

Further, cleanup activities likely caused 

additional injuries to certain natural 

resources, including, but not necessarily 

limited to, terrestrial vegetation and 

intertidal biota. 

c. Feasible primary and/or 

compensatory restoration actions exist 

to address injuries from the Incident. 

Feasible restoration actions relevant to 

the injuries may include, but are not 

limited to: 

(1) Waste oil recovery at Dutch 

Harbor/Unalaska to restore sea ducks, 

marine mammals, intertidal and 

subtidal biota, fish and shellfish and 

human uses of those resources; 

(2) Removal of introduced terrestrial 

invasive species, such as rats or fox, that 

prey on or compete with marine birds 

on certain islands of the Alaska 

Maritime National Wildlife Refuge to 

restore marine birds and their habitat; 

(3) Debris removal on Unalaska Island 

or elsewhere in the Aleutians to restore 

habitat for intertidal biota and marine 

mammals; 

(4) Habitat protection in the nesting 

areas of waterfowl injured by the spill; 

(5) Salmon restoration in Unalaska 

(sockeye) or Summers Bay (coho) lakes; 

and 

(6) Education and outreach on 

Unalaska Island related to subsistence 

and cultural resources. 

Data supporting these determinations 

are contained in the Administrative 

Record established for this case (see 

below). 

Based upon the foregoing 

determinations, the Trustees have 

determined to conduct restoration 

planning for the Incident. 

Opportunity To Comment 

Under 15 CFR 990.14(d), the Trustees 

will seek public involvement in 

restoration planning for this Incident 

through, at minimum, public review of 

and comment on the Draft Restoration 

Plan. When the Draft Restoration Plan is 

prepared, the public will be notified of 

the opportunity to comment. Questions 

regarding this Notice may be directed to: 

Jenifer Kohout, (907) 786–3687 (phone); 

Jenifer_Kohout@fws.gov (e-mail). 

Administrative Record 

The Trustees have opened an 

Administrative Record (Record) in 

compliance with 15 CFR 990.45. The 

Record will include documents relied 

upon by the Trustees during the natural 

resource damage assessment performed 

in connection with this Incident. The 

Record is on file at the FWS Alaska 

Regional Office (see ADDRESSES). To 

review the Record, contact Jenifer 

Kohout (see FOR FURTHER INFORMATION

CONTACT). In addition, the index and 

other key elements of the Record will be 

posted at http://www.r7.fws.gov/ 

fisheries/contaminants/spill/ 

sa_record.htm on the FWS Alaska 

Region Web site. 

Thomas O. Melius, 

Regional Director. 

[FR Doc. E7–5130 Filed 3–29–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Submission of Information Collection 

to Office of Management and Budget 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Indian Affairs (BIA) is 

submitting this information collection 

request to the Office of Management and 

Budget for review and renewal. The 

collection is: 25 CFR 162 Leases and 

Permits, 1076–0155. 

DATES: Comments must be received on 

or before April 30, 2007, to be assured 

of consideration. 

ADDRESSES: Comments should be sent to 

the Desk Officer for the Department of 

the Interior at the Office of Management 

and Budget. You may submit comments 

either by facsimile at (202) 395–6566, or 

by e-mail to 

OIRA_DOCKET@omb.eop.gov. Please 

send a copy to Ben Burshia, Chief, 

Division of Real Estate Services, Bureau 

of Indian Affairs, 1849 C Street, NW., 

Mail Stop 4639–MIB, Washington, DC 

20240. 

FOR FURTHER INFORMATION CONTACT: 

Interested persons may obtain a copy of 

the information collection requests 

without charge by contacting Ben 

Burshia at (202) 219–1195. 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

provides an opportunity for interested 

parties to comment on proposed 

information collection requests. This 

collection covers 25 CFR part 162 as 

presently approved. The Bureau of 

Indian Affairs, Division of Real Estate 

Services, is obtaining a normal 

information collection clearance from 

OMB. The request contains (1) Type of 

review, (2) title, (3) summary of the 

collection, (4) respondents, (5) 

frequency of collection, (6) reporting 

and record keeping requirements and (7) 

reason for response. 

A Federal Register notice was 

published on January 25, 2007 (72 FR 

3406) requesting comments on our 

proposed submission of renewal to 

OMB. No comments were received. The 

information collected is used by the 

Bureau of Indian Affairs to determine: 

(a) Whether or not a lease may be 

approved or granted; 

(b) The value of each lease; 

(c) The appropriate compensation to 

landowners; and 

(d) Provisions for violations of 

trespass. 


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