[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42812-42814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12117]


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DEPARTMENT OF COMMERCE


Notice of Intent To Conduct Restoration Planning

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

SUMMARY: The natural resource trustees (the Trustees) hereby notify the 
public of their intent to conduct restoration planning activities for 
injuries to natural resources caused by the Bouchard B-120 Oil Spill 
that occurred on or about April 27, 2003. On that date, the Bouchard B-
120, owned and operated by the Bouchard Transportation Company, 
grounded on a shoal in Buzzards Bay, which is located off the coasts of 
Massachusetts and Rhode Island, and released between 22,000 and 98,000 
gallons of No. 6 fuel oil into the environment. The Trustees include 
the:

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National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce; U.S. Fish and Wildlife Service, U.S. Department of the 
Interior; Executive Office of Environmental Affairs, Commonwealth of 
Massachusetts; State of Rhode Island and Providence Plantations, 
Department of Environmental Management.
    The purpose of restoration planning is to evaluate potential 
injuries to natural resources and services resulting from the spill and 
utilize that information to determine the need for, and scale of, 
restoration actions.
    The public is invited to participate in the restoration planning 
process by reviewing and commenting on documents contained in the 
Administrative Record, attending public meetings as scheduled, and 
reviewing and commenting on the Draft and Final Restoration Plans when 
such documents have been completed.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
document, documents contained in the Administrative Record, or the 
restoration planning process, contact: Frank Csulak, Injury Assessment 
Coordinator, National Oceanic and Atmospheric Administration, Office of 
Response and Restoration, HAZMAT Division, 74 Magruder Road Highlands, 
NJ 07732, 732-872-3005, [email protected].

SUPPLEMENTARY INFORMATION: Oil Spill Incident: On the afternoon of 
April 27, 2003, the Bouchard B-120, owned and operated by the Bouchard 
Transportation Company, Inc. (Bouchard), grounded on a shoal soon after 
entering the western approach to Buzzards Bay from the south. The 
tugboat Evening Tide was towing the barge that was laden with No. 6 
fuel oil from Philadelphia to the Mirant Power Generating Facility in 
Sandwich, Massachusetts. Bouchard notified the United States Coast 
Guard (USCG) of a release of oil at approximately 5:30 p.m. and 
anchored in Buzzards Bay per order of the USCG. That evening, divers 
discovered a 12 foot by 2 foot hole in the No. 2 starboard holding tank 
of the barge. After the remaining cargo and oily water was transferred 
to Bouchard B-10 and both barges proceeded to the Mirant facility.
    Between 22,000 and 98,000 gallons of the No. 6 fuel oil cargo was 
released into Buzzards Bay on April 27, 2003. The actual amount of the 
release is unknown, but has been estimated by various investigators who 
have taken into account such factors as the time of impact, water 
mixing, temperature, wind, current conditions, etc. In the days 
following the release, the oil was driven ashore by winds and currents. 
Under the direction of the Unified Command, Bouchard and the response 
agencies undertook various on-water recovery efforts. Once oil came 
ashore, the responsible party, response agencies, and others 
implemented shoreline clean-up activities and emergency restoration 
efforts. Ultimately, oil impacted approximately 100 miles of shoreline 
in Massachusetts and Rhode Island to varying degrees. Immediately 
following the spill, the Massachusetts Division of Marine Fisheries 
closed approximately 177,000 acres of state shellfish beds and the 
closures remained in effect for varying amounts of time. Coordinated 
wildlife collection and reconnaissance efforts, the primary purpose of 
which was to collect live and dead oiled birds, began on April 30, 2003 
and continued daily through May 16, 2003. In the weeks following the 
spill, a total of 499 birds were collected (all 499 collected birds 
were not necessarily spill related), including 184 live oiled birds. Of 
the 184 live oiled birds, 20 were rehabilitated and returned to the 
wild.
    Since the spill, the Trustees have initiated a number of pre-
assessment data collection activities and studies. Findings demonstrate 
or suggest that the spill impacted the following categories of natural 
resources: (1) Birds and wildlife; (2) recreational use; (3) 
shorelines; and (4) aquatic resources.
    The Trustees (cited above) are designated pursuant to the National 
Contingency Plan, 40 CFR 300.600 and 300.605.
    The Responsible Party (RP) for this incident is Bouchard 
Transportation Company, Inc. (Bouchard), the owner and operator of the 
Bouchard B-120 barge. To date, the RP has cooperated with the Trustees 
in the performance and funding of response, cleanup and pre-assessment 
data collection activities. The RP has committed to participate in a 
cooperative natural resource damage assessment.
    Administrative Record: The Trustees have established an 
Administrative Record (AR) in compliance with 15 CFR 990.45. The AR 
will include documents relied upon by the Trustees during the 
assessment and restoration planning activities for this incident. To 
date, the AR contains:
    (1) A copy of this notice;
    (2) A letter from the Trustees to Bouchard inviting the company to 
participate in a cooperative natural resource damage assessment;
    (3) A letter from Bouchard to the Trustees accepting the invitation 
to participate in a cooperative natural resource damage assessment; and
    (4) The ``Pre-Assessment Screen Data Report: Bouchard Barge No.120 
Oil Spill in Buzzards Bay, Massachusetts, dated June 2005''.
    The AR is on file at the NOAA Damage Assessment Center in Silver 
Spring, MD and may be viewed electronically by accessing the following 
Web site address: http://www.darrp.noaa.gov/northeast/buzzard/index.html.
    Additionally, duplicate copies will be maintained for public review 
at the following locations:
    Jonathan Bourne Library, 19 Sandwich Road, Bourne, MA 02532, for 
assistance please contact Diane Ranney, Assistant Library Director at 
508-759-0644; and New Bedford Public Library, 613 Pleasant Street, New 
Bedford, MA 2740-6203, for assistance please contact Teresa Coish, 
Library Director at 508-991-6279.

Trustees' Determination of Jurisdiction

    Following notice of the spill, the Trustees initiated pre-
assessment data collection activities, as described in the ``Pre-
Assessment Screen Data Report: Bouchard Barge No. 120 Oil Spill in 
Buzzards Bay, Massachusetts, dated June 2005''. The following 
determinations were made as required by 15 CFR 990.41:
    (1) The spill of between 22,000 and 98,000 gallons of No. 6 fuel 
oil from the Bouchard B-120 into Buzzards Bay that occurred on April 
27, 2003 was an incident as defined at 15 CFR 990.30.
    (2) The incident was not permitted under Federal, state, or local 
law; it did not occur from a public vessel; and it did not occur from 
an offshore facility subject to the Trans-Alaska Pipeline Authority 
Act, 43 U.S.C. 1651, et seq.
    (3) The Trustees have reviewed information gathered during the 
response and pre-assessment phases of this incident and determined that 
natural resources under the trusteeship of NOAA, DOI, MA EOEA and RIDEM 
have been injured as a result of the incident. The discharged oil 
contained components that are toxic at certain exposure levels to 
aquatic organisms, birds, wildlife, and vegetation. In addition, the 
physical characteristics of the oil adversely impacted certain natural 
resources. The Trustees observed birds, shoreline and aquatic organisms 
that were exposed to oil from the discharge. Significant portions of 
shellfish beds in the Commonwealth of Massachusetts were closed 
immediately following the spill and remained closed for varying amounts 
of time. Some shoreline recreational areas in

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Massachusetts and Rhode Island were also closed to public access 
following the spill. Additional recreational resources were degraded 
and/or displaced following the incident.
    Based upon the above findings, the Trustees have determined that 
they have jurisdiction to pursue restoration planning activities 
pursuant to the Oil Pollution Act of 1990, 33 U.S.C. 2702 and 2706(b)-
(c).
    Trustees' Determination to Conduct Restoration Activities: For the 
reasons discussed below, the Trustees have made the determination 
required by 15 CFR 990.42(a) and are proceeding with restoration 
planning to develop restoration alternatives that will restore, 
replace, rehabilitate, or acquire the equivalent of, the natural 
resources and/or natural resource services lost as a result of this 
incident.
    (1) Injuries have resulted from the incident. The Trustees base 
this determination upon data collected and analyzed pursuant to 15 CFR 
990.43 demonstrating that injuries are likely to have resulted from the 
incident, and include but are not limited to, the following natural 
resource categories: Birds and Wildlife; Shoreline; Recreational Use; 
and, Aquatic.
    (2) Response actions have not adequately addressed the injuries 
resulting from the incident. Although response actions and innovative 
emergency restoration actions were initiated promptly, the nature of 
the discharge, weather and tide conditions, and the sensitivity of the 
environment precluded the prevention of injuries to some natural 
resources. It is anticipated that injured natural resources will 
eventually return to baseline levels, but there is a potential for 
significant interim losses to have occurred and to continue to occur, 
until return to baseline is achieved.
    (3) Feasible primary and compensatory restoration alternatives 
exist to address injuries from this incident. Components of the 
restoration plan may include, but are not limited to, projects 
involving land acquisition, shoreline stabilization, wetland/marsh 
enhancement, predator control activities, protection or enhancement of 
bird nesting areas, and recreational area enhancements.
    Public Involvement: Pursuant to 15 CFR 990.44, the Trustees will 
seek public involvement in restoration planning by establishing public 
review and comment opportunities.

    Dated: July 21, 2006.
Ken Barton,
Acting Director, Office of Response and Restoration, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E6-12117 Filed 7-27-06; 8:45 am]
BILLING CODE 3510-JE-P