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 

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 

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 

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, Laurie.Sullivan@noaa.gov; 

Johanna Gregory Belssner (TPWD) at 

(512) 389–8703, Johanna.Gregory@

tpwd.texas.gov. 

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, 


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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 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 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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37124 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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: 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. 

DATES: 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: 

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. 

Summary of Request 

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 

Overview 

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 14- 

inch 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

Method Pile type Number 

of piles Minutes/strikes per pile Piles per day 

Duration 

(days) 

Cutting ................................... 18-inch concrete ................... 31 5 min ..................................... 10 7 

Cutting ................................... 14-inch timber ....................... 17 5 min ..................................... 10 3 

Impact Driving ....................... 24-inch concrete ................... 31 1,000 strikes ......................... 10 10 


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