60800 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

monthly HAP for the family beginning at the 

effective date of the family’s second regular 

reexamination following the effective date of 

the decrease. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: June 17, 2010. 

Reason Waived: This waiver was granted 

because this cost-saving measure would 

enable CHA to both manage its Housing 

Choice Voucher program within allocated 

budget authority and avoid or lessen the 

termination of HAP contracts due to 

insufficient funding. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

• Regulation: 24 CFR 982.505(c)(3). 

Project/Activity: Dodge County Housing 

Authority (DCHA), Dodge County, WI. 

Nature of Requirement: HUD’s regulation 

at 24 CFR 982.505(c)(3) provides that if the 

amount on the payment standard schedule is 

decreased during the term of the HAP 

contract, the lower payment standard amount 

generally must be used to calculate the 

monthly HAP for the family beginning at the 

effective date of the family’s second regular 

reexamination following the effective date of 

the decrease. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: June 17, 2010. 

Reason Waived: This waiver was granted 

because this cost-saving measure would 

enable DCHA to both manage its Housing 

Choice Voucher program within allocated 

budget authority and avoid or lessen the 

termination of HAP contracts due to 

insufficient funding. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

• Regulation: 24 CFR 982.505(d). 

Project/Activity: Tennessee Housing 

Development Agency (THDA), Nashville, TN. 

Nature of Requirement: HUD’s regulation 

at 24 CFR 982.505(d) states that a public 

housing agency may only approve a higher 

payment standard for a family as a reasonable 

accommodation if the higher payment 

standard is within the basic range of 90 to 

110 percent of the fair market rent (FMR) for 

the unit size. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: April 22, 2010. 

Reason Waived: The participant, who has 

a disabled son, needed to remain in her 

current neighborhood as a reasonable 

accommodation for her son. To provide a 

reasonable accommodation so the participant 

could be assisted in her new unit and pay no 

more than 40 percent of her adjusted income 

toward the family share, the THDA was 

allowed to approve an exception payment 

standard that exceeded the basic range of 90 

to 110 percent of the FMR. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

• Regulation: 24 CFR 982.505(d). 

Project/Activity: Oklahoma Finance 

Agency (OFA), Oklahoma City, OK. 

Nature of Requirement: HUD’s regulation 

at 24 CFR 982.505(d) states that a public 

housing agency may only approve a higher 

payment standard for a family as a reasonable 

accommodation if the higher payment 

standard is within the basic range of 90 to 

110 percent of the fair market rent (FMR) for 

the unit size. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: June 10, 2010. 

Reason Waived: The participant, who is 

disabled, needed to remain in her current 

unit because it accommodates her disability. 

To provide this reasonable accommodation 

so the participant could be assisted in her 

current unit and pay no more than 40 percent 

of her adjusted income toward the family 

share, the OFA was allowed to approve an 

exception payment standard that exceeded 

the basic range of 90 to 110 percent of the 

FMR. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

• Regulation: 24 CFR 983.51(b)(c) and (f). 

Project/Activity: West Allis Community 

development Authority (WACDA), West 

Allis, WI. 

Nature of Requirement: HUD’s regulation 

at 24 CFR 983. 51(b)(c)(d) and (f) basically 

require competitive selection of owner 

proposals for project-based vouchers (PBV) 

unless the units were competitively selected 

under a similar competitive process as 

described in the regulation. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: April 1, 2010. 

Reason Waived: This waiver was granted 

in order to maintain the affordability of a 

Senior Housing Complex owned by the City 

of West Allis and operated by the WACDA 

due to rising maintenance costs and the need 

to charge market rents. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

• Regulation: 24 CFR 983.206(b). 

Project/Activity: Malden Housing 

Authority (MHA), Malden MA. 

Nature of Requirement: HUD’s regulation 

at 24 CFR 983.206(b) states that at the 

discretion of the PHA and provided that the 

total number of units in a project that will 

receive project-based voucher (PBV) 

assistance or other project-based assistance 

will not exceed 25 percent of the number of 

dwelling units (assisted or unassisted) in the 

project or the 20 percent of authorized budget 

authority, a housing assistance payments 

(HAP) contract may be amended during the 

three-year period immediately following the 

execution date of the HAP contract to add 

additional PBV contract units in the same 

project. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: May 7, 2010. 

Reason Waived: The regulation was waived 

to allow MHA to attach PBV assistance as 

enhanced vouchers turned over for up to the 

term of the HAP contract, 15 years, in order 

to maintain their affordability on a nonspecified schedule. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

• Regulation: 24 CFR 985.101(a). 

Project/Activity: Housing Authority of New 

Orleans (HANO), New Orleans, LA. 

Nature of Requirement: HUD’s regulation 

at 24 CFR 985.101(a) states that a public 

housing agency must submit the HUDrequired Section Eight Management 

Assessment Program (SEMAP) certification 

form within 60 calendar days after the end 

of its fiscal year. 

Granted By: Sandra B. Henriquez, Assistant 

Secretary for Public and Indian Housing. 

Date Granted: April 26, 2010. 

Reason Waived: HANO is under 

receivership and the HUD-selected contractor 

assessed HANO’s operation and determined 

a plan to bring the agency into compliance 

will not be in place until the third or fourth 

quarter of HANO’s fiscal year ending 

September 30, 2010. SEMAP certifications 

will not have to be submitted by HANO until 

its fiscal year ending September 30, 2012. 

Contact: Laure Rawson, Acting Director, 

Housing Voucher Management and 

Operations Division, Office of Public 

Housing and Voucher Programs, Office of 

Public and Indian Housing, Department of 

Housing and Urban Development, 451 7th 

Street, SW., Room 4210, Washington, DC 

20410–5000, telephone (202) 708–0477. 

[FR Doc. 2010–24608 Filed 9–30–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

[FWS–R9–FHC–2010–N212; 94400–1130– 

0000] 

Discharge of Oil From Deepwater 

Horizon/Macondo Well, Gulf of Mexico; 

Intent To Conduct Restoration 

Planning 

ACTION: Notice of intent. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60801 

SUMMARY: Under the Oil Pollution Act 

(OPA), Federal and State trustees for 

natural resources are authorized to 

assess natural resource injuries resulting 

from an oil discharge or the substantial 

threat of discharge, as well as response 

activities, and develop and implement a 

plan for restoration. This notice 

announces the intent of Federal and 

State trustees to conduct restoration 

planning regarding the discharge of oil 

from the Deepwater Horizon Mobile 

Offshore Drilling Unit and the Subsea 

Macondo Well into the Gulf of Mexico, 

an incident that occurred on or about 

April 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Dohner, Regional Director, 

Southeastern Region, U.S. Fish and 

Wildlife Service, (404) 679–4000. 

SUPPLEMENTARY INFORMATION: On or 

about April 20, 2010, the mobile 

offshore drilling unit Deepwater 

Horizon experienced a significant 

explosion, fire, and subsequent sinking 

in the Gulf of Mexico, resulting in 

discharges of oil and other substances 

from the rig and from the wellhead on 

the seabed into the Gulf of Mexico 

(referred to as the ‘‘Deepwater Horizon 

Incident or Incidents’’). These 

discharges are estimated to have been in 

excess of thousands of barrels of oil per 

day and continue, along with associated 

removal activities, to adversely affect 

and threaten natural resources within 

the jurisdictions of the United States 

and the States of Louisiana, Mississippi, 

Alabama, Florida, and Texas. 

Pursuant to section 1006 of the Oil 

Pollution Act (‘‘OPA’’), 33 U.S.C. 2701 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 300.600 and 

Executive Order 12777. State trustees 

are designated by the Governors of each 

State pursuant to the National 

Contingency Plan, 40 CFR 300.605. 

The following agencies are designated 

natural resources trustees under OPA 

and are currently acting as trustees for 

this Incident(s): The U.S. Department of 

the Interior (‘‘DOI’’), as represented by 

the National Park Service, U.S. Fish and 

Wildlife Service, Bureau of Indian 

Affairs, and Bureau of Land 

Management; the National Oceanic and 

Atmospheric Administration (‘‘NOAA’’), 

on behalf of the U.S. Department of 

Commerce; the U.S. Department of 

Defense (‘‘DOD’’); the State of 

Louisiana’s Coastal Protection and 

Restoration Authority, Oil Spill 

Coordinator’s Office, Department of 

Environmental Quality, Department of 

Wildlife and Fisheries and Department 

of Natural Resources; the State of 

Mississippi’s Department of 

Environmental Quality; the State of 

Alabama’s Department of Conservation 

and Natural Resources and Geological 

Survey of Alabama; the State of 

Florida’s Department of Environmental 

Protection; and the State of Texas’ Parks 

and Wildlife Department, General Land 

Office and Commission on 

Environmental Quality (collectively, the 

‘‘Trustees’’). In addition to acting as 

trustees for this Incident(s) under OPA, 

the States of Louisiana, Mississippi, 

Alabama, Florida, and Texas are also 

acting pursuant to their applicable State 

laws and authorities, including the 

Louisiana Oil Spill Prevention and 

Response Act of 1991, La. R.S. 30:2451 

et seq., and accompanying regulations, 

La. Admin. Code 43:101 et seq.; the 

Texas Oil Spill Prevention and 

Response Act, Tex. Nat. Res. Code, 

Chapter 40, Section 376.011 et seq., Fla. 

Statutes, and Section 403.161, Fla. 

Statutes; the Mississippi Air and Water 

Pollution Control Law, Miss. Code Ann. 

§§ 49–17–1 through 49–17–43; and 

Alabama Code §§ 9–2–1 et seq. and 9– 

4–1 et seq. 

The Responsible Parties (‘‘RPs’’) 

identified for this Incident(s) thus far 

are BP Exploration and Production, Inc. 

(‘‘BP’’); Transocean Holdings Inc. 

(‘‘Transocean’’); Triton Asset Leasing 

GmbH (‘‘Triton’’); Transocean Offshore 

Deepwater Drilling Inc. (‘‘Transocean 

Offshore’’); Transocean Deepwater Inc. 

(‘‘Transocean Deepwater’’); Anadarko 

Petroleum (‘‘Anadarko’’); Anadarko E&P 

Company LP (‘‘Anadarko E&P’’); and 

MOEX Offshore 2007 LLC (‘‘MOEX’’). 

Pursuant to 15 CFR 990.14(c), 

concurrent with the publication of this 

notice, the Trustees are inviting the RPs 

identified above to participate in a 

Natural Resource Damage Assessment 

(‘‘NRDA’’). The Trustees have 

coordinated with BP representatives on 

activities undertaken to date as part of 

the NRDA process. 

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 and are 

continuing to collect and analyze the 

following: (1) Data reasonably expected 

to be necessary to make a determination 

of jurisdiction or a determination to 

conduct restoration planning, (2) 

ephemeral data, and (3) information 

needed to design or implement 

anticipated emergency restoration and 

assessment activities as part of the 

Restoration Planning Phase. 

Under the NRDA regulations 

applicable to OPA, 15 CFR part 990 

(‘‘NRDA regulations’’), the Trustees 

prepare and issue a Notice of Intent to 

Conduct Restoration Planning (‘‘Notice’’) 

if they determine conditions that 

confirm the jurisdiction of the Trustees 

and the appropriateness of pursuing 

restoration of natural resources have 

been met. 

Pursuant to 15 CFR 990.44, this 

Notice announces that the Trustees have 

determined to proceed with restoration 

planning to fully evaluate, assess, 

quantify, and develop plans for 

restoring, replacing, or acquiring the 

equivalent of natural resources injured 

and losses resulting from the Deepwater 

Horizon Incident or Incidents. The 

restoration planning process will 

include collection of information that 

the Trustees determine is appropriate 

for identifying and quantifying the 

injuries and losses of natural resources, 

including resource services, and to 

determine the need for, and type and 

scale of, restoration actions. 

Determination of Jurisdiction 

The Trustees have made the following 

findings pursuant to 15 CFR 990.41: 

1. The explosion on the mobile 

offshore drilling unit Deepwater 

Horizon on April 20, 2010, and other 

associated occurrences resulted in 

discharges of oil into and upon 

navigable waters of the United States, 

including the Gulf of Mexico, as well as 

adjoining shorelines, all of which 

constitute an ‘‘Incident’’ or ‘‘Incidents’’ 

within the meaning of 15 CFR 990.30. 

2. The discharges are not permitted 

pursuant to Federal, State, or local law; 

are not from a public vessel; and are not 

from an onshore facility subject to the 

Trans-Alaska Pipeline Authority Act, 43 

U.S.C. 1651 et seq. 

3. Natural resources under the 

trusteeship of the Trustees have been 

and continue to be injured and/or 

threatened as a result of discharged oil 

and associated removal efforts. The 

discharged oil is harmful to natural 

resources exposed to the oil, including 

aquatic organisms, birds, wildlife, 

vegetation, and habitats. Discharged oil 

and the response activities to address 

the discharges of oil have resulted in 

adverse effects on natural resources in 

and around the Gulf of Mexico and 

along its adjoining shorelines, and 

impaired services that those resources 

provide. The full extent of potential 

injuries is currently unknown, and may 


emcdonald on DSK2BSOYB1PROD with NOTICES
60802 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

not be known for many years; however, 

current natural resources and resource 

services that have been impacted due to 

the discharged oil include but are not 

limited to the following (as of August 

19, 2010): 

• Over 950 miles of shoreline 

habitats, including salt marshes, sandy 

beaches, and mangroves. 

• A variety of wildlife, including 

birds, sea turtles, and marine mammals. 

As of June 29, 2010: 

Æ Over 1,900 oiled birds captured and 

over 1,850 visibly oiled dead birds 

collected. 

Æ Over 400 oiled sea turtles captured 

and 17 visibly oiled dead sea turtles 

collected. 

Æ 5 visibly oiled dead marine 

mammals collected. 

• Lost human use opportunities 

associated with various natural 

resources in the Gulf region, including 

fishing, swimming, beach-going and 

viewing of birds and wildlife. 

• Waters of the Gulf of Mexico and 

adjoining coastal States. 

• Various other biota, including 

benthic communities and fish. 

• Water column habitat. 

Accordingly, the Trustees have 

determined they have jurisdiction to 

pursue restoration under the OPA. 

Determination To Conduct Restoration 

Planning 

Pursuant to 15 CFR 990.42(a), the 

Trustees determined that: 

1. Observations and data collected 

pursuant to 15 CFR 990.43 demonstrate 

that injuries to natural resources and the 

services they provide have resulted from 

the Incident or Incidents; however, the 

nature and extent of such injuries have 

not been fully determined at this time. 

The Trustees have identified numerous 

categories of impacted and potentially 

impacted resources, including fish, 

shellfish, marine mammals, turtles, 

birds, and other sensitive resources, as 

well as their habitats, such as wetlands, 

marshes, beaches, mudflats, bottom 

sediments, corals, and the water 

column, as well as effects to human use 

resulting from the impacts on the 

resources. The Trustees have been 

conducting, and continue to conduct, 

activities to evaluate injuries and 

potential injuries within these 

categories. More information on these 

resource categories will be available in 

the Administrative Record (‘‘AR,’’ as 

defined below), including assessment 

work plans developed jointly by the 

Trustees and BP and information 

gathered during the preassessment. The 

full nature and extent of injuries will be 

determined during the injury 

assessment phase of restoration 

planning. 

2. Response actions employed for this 

spill include in situ burning, dispersant 

applications, containment and 

skimming of oil, and removal 

operations. These response actions have 

not addressed and are not expected to 

address all injuries resulting from the 

discharges of oil. Although response 

actions were initiated soon after the 

explosion and continue to date, they 

have been unable to prevent injuries to 

many natural resources, and the size, 

nature, and location of the discharges 

have prevented recovery of most of the 

oil. In addition, some of these response 

actions have caused or are likely to 

cause injuries to natural resources and 

the services they provide, including 

destruction of sensitive marshes, 

beaches, and other habitats, and impacts 

to human uses of resources. While 

injured natural resources may 

eventually recover naturally to the 

condition they would have been in had 

the discharges not occurred, interim 

losses have occurred, or are likely to 

occur in the future, and these will 

continue until baseline conditions are 

achieved. In addition, there have been 

and will continue to be losses of and 

diminution of human uses of the 

resources resulting from the impacts to 

the natural resources and from the 

response actions themselves. 

3. Feasible restoration actions exist to 

address the natural resource injuries 

and losses, including lost human uses, 

resulting from the discharges of oil. 

Assessment procedures are available to 

scale the appropriate amount of 

restoration required to offset these 

ecological and human use service 

losses. During the restoration planning 

phase, the Trustees will evaluate 

potential projects, determine the scale of 

restoration actions needed to make the 

environment and the public whole, and 

release a draft Restoration Plan for 

public review and comment. 

Based upon these determinations, the 

Trustees intend to proceed with 

restoration planning for the Incident or 

Incidents. 

Administrative Record 

The U.S. Department of the Interior, 

acting on behalf of the Trustees, is in the 

process of establishing and opening an 

Administrative Record (‘‘AR’’) in 

compliance with 15 CFR 990.45 and 

applicable State authorities. The AR 

will be publicly accessible and include 

documents considered by the Trustees 

during the preassessment, assessment, 

and restoration planning phases of the 

NRDA performed in connection with 

the Incident or Incidents. The AR will 

be augmented with additional 

information over the course of the 

NRDA process. The availability of the 

AR will be addressed in one or more 

future notices and announcements. 

State-specific ARs may also be kept and 

will be made available by State trustees 

in their normal course of business. 

Opportunity To Comment 

The Trustees invite the public to 

participate in restoration planning for 

this Incident or Incidents in accordance 

with 15 CFR 990.14(d) and State 

authorities. The Trustees will be 

providing substantial opportunities for 

public involvement in the restoration 

planning for this Incident or Incidents. 

The opportunities for public 

involvement will be addressed in future 

notices and announcements. 

Dated: September 2, 2010. 

Cindy Dohner, 

DOI Authorized Official, U.S. Department of 

the Interior. 

[FR Doc. 2010–24706 Filed 9–29–10; 11:15 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2010–N185; 10120–1112– 

0000–F2] 

Availability of a Draft Environmental 

Assessment and Habitat Conservation 

Plan, and Receipt of Application for an 

Incidental Take Permit From Benton 

County, OR 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of application and 

availability of documents for public 

comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), advise the 

public that Benton County, Oregon, has 

submitted an application to the Service 

for an incidental take permit (permit) 

under the Endangered Species Act of 

1973, as amended (ESA). Included with 

the application is a habitat conservation 

plan (HCP) and a proposed 

implementing agreement (IA). We also 

announce the availability of a draft 

environmental assessment (EA) under 

the authority of the National 

Environmental Policy Act (NEPA; 

42 U.S.C. 4371 et seq.). 

DATES: We must receive any written 

comments on the draft EA, HCP, and IA 

from interested parties no later than 

November 1, 2010. 

ADDRESSES: Documents: The draft EA, 

HCP, and IA are available electronically 


emcdonald on DSK2BSOYB1PROD with NOTICES